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HomeMy WebLinkAboutAgenda Packet City Council - 02/15/2005CITY COUNCIL AGENDA FEBRUARY 15, 2005 Corpus Ch risti AIl-Jbiiedca City 11:45 A.M. - Proclamation declaring February 15, 2005 as'Amy Acu[f Day" ProclamalJon declaring February 18, 2005 as 'Johnny Lee Williams Day" ProcJamalion declaring February 20-26, 2205 as 'Engineers Week" 'At Your Service Award", City Sta[f Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 15, 2005 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 pmvidad an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minufas, ff you have a petition or other inforrnaEon pertaining to your subject, please present it to the City Secretary. Si Usted dasea dirigirse al Concillo y cree qua su ingl(~s es limitado, hab~ un int~rprete ingl~s.-espaf~ol en todas las Juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or setvicas are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that approprfate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by George Pledger, Weber Road Church of Christ. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tam Bill Kelly Council Members: Brent Chesney Javier Colmenero Melody Cooper Henry Garrett Rex Kinnison 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 February 8, 2005. (Attachment # 1) Agenda Regular Council Meeting Febmary 15,2005 Page 2 F. BOARDS & COMMI'I-FEE APPOINTMENTS: (Attachment # 2) Committee for Persons with Disabilities Human Relations Commission Leadership Committee for Senior Services Sister City Committee Small Business Advisory Committee PRESENTATIONS: Public comment will not be solicited on Presentation items. Presentation on the Status of the Downtown Transportation Streetcar Study, Regional Transportation Authority. (Attachment #3) H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropdate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure ratherthan a hvo 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 reconsideretion and action on any reconsidered item. g 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 item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence aflerthe items not requirfng separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and onYinances not removed for individual consideration) CITY COUNCIL PRIORITY ISSUES (Re~ to legend at We end of agenda summary) Agenda Regular Council Meeting Febmary 15,2005 Page 3 Motion approving a supply agreement for brass service fittings in accordance with Bid Invitation No. BI-0007-05 with National Waterworks, Inc., of Corpus Chdsti, Texas based on Iow total bid for an estimated annual expenditure of $103,334.70. The fittings will be stocked by the Warehouse and distributed to Water Department. The term of the agreement is twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2004-2005. (Attachment # 4) Ordinance appropriating $30,223 from the State Homeland Security Grant in Fire Grants Fund 1062 for purchase of a building access and secudty system for the Frost Bank/Emergency Operations Center building. (Attachment # 5) Motion to accept ownership of the Amedcan Bank Center Arena from the Corpus Chdsti Business and Job Development Corporation with an effective date of February 7, 2005_ (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract with Chief Environmental Surveys, of Houston, Texas in the amount of $283,460 for the Broadway Basin 15-inch and Larger Wastewater Lines Cleaning FY 2004- 2005. (Attachment Cf 7) Motion authorizing the City Manager or his designee to execute a construction contract with RCM Construction, Inc., of Corpus Chdsti, Texas in the amount of $456,050 for the Wastewater Clean-out Installation Program FY 2004-2005. (Attachment # 8) Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the Contract for Professional Services with Goldston Engineering, Inc., of Corpus Chdsti, Texas in the amount of $31,125 for a total restated fee of $813,398 for the Force Main Repairs and Replacement - Country Club Estates Lift Station Project_ (Attachment # 9) Cl'rY COUNCIL PRIORI'FY ISSUES (Refe~ to lege~d at I~e end of agenda summary) Agenda Regular Council Meeting Febmary 15,2005 Page4 10. 11.a. 11.b. 12. 13. 14, Motion authorizing the City Manager or his designee to authorize a construction agreement in an amount not to exceed $88,582.43 with AEP for street light installation and relocation of electrical power lines on Port Avenue between Sam Rankin and United States Highway 181. (Attachment # 10) Ordinance appropriating $61,120.14 from u nappropdated interest earnings and miscellaneous revenues from Park Capital Improvement Program Fund No. 3280 for miscellaneous change orders and amendments; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $61,120.14. (Attachment# 11) Ordinance appropriating $9,994.86 from unappropriated interest earnings and from Park and Recreation 2001 Capital Improvement Program Fund No. 3288 for miscellaneous change orders and amendments; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $9,994.86. (Attachment # 11) Motion authorizing the City of Corpus Chdsti's proportional contribution of the local share of administrative expenses for regional water planning activities during FY2005, required by Senate Bill 1, 75'h Texas Legislature, in accordance with the Intedocal Agreement for Water Planning Activities approved by Motion 98-034, with the City's remaining share, according to the formula adopted by the Regional Water Planning Group, to be $44,309.51. (Attachment # 12) Ordinance governing City Elections in 2005, including Appointment and Compensation of Election Officials, Voting Systems, Ballot Boxes, and Central Counting Station. (Attachment # 13) Motion authorizing the City Manager to execute a Deferment Agreement with Onac Development, Inc., owner and developer of The Boardwalk Unit 2 Subdivision in the amount of $1,114,560.32 for public improvements including street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to serve The Boardwalk Unit 2 Subdivision, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). (Attachment # 14) CITY COUNCIL PRIORITY ISSUES (Refer £o legend at Ihe end of bhe agenda summaP/) Agenda Regular Council Mee~ng Febma~ 15,2005 Page 5 15. J= 16.a. 16.b. 16.c. 16.d. 16.e. 16.f. Second Reading Ordinance - Abandoning and vacating a 1,250- square foot portion of a 1 O-foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon Street); subject to owner's compliance with the specified conditions. (First Reading 2/8/05) (Attachment # 15) PUBLIC HEARINGS: Public headng to consider abandoning and vacating a 53,492- square foot portion of the Avenue "F" street right-of-way, north of East Navigation Boulevard, from East Navigation Boulevard to Breakwater Avenue. (Attachment # 16) Fimt Reading Ordinance - Abandoning and vacating a 53,492- square foot portion of the Avenue "F" street right-of-way, north of East Navigation Boulevard, from East Navigation Boulevard to Breakwater Avenue; subject to owner's compliance with the specified conditions. (Attachment # 16) Public headng to consider abandoning and vacating a 16,683- square foot portion of the Texaco Road street right-of-way, north of East Navigation Boulevard, between East Navigation Boulevard to Breakwater Avenue. (Attachment # 16) First Reading Ordinance -Abandoning and vacating a 16,683- square foot portion of the Texaco Road street right-of-way, north of East Navigation Boulevard, between East Navigation Boulevard and Breakwater Avenue; subject to owner's compliance with the specified conditions. (Attachment # 16) Public hearing to consider abandoning and vacating a portion of East Navigation Boulevard (3.880 acres), from Sigmor Road and Avenue"F'. (Attachment # 16) First Reading Ordinance - Abandoning and vacating a portion of East Navigation Boulevard (3.880 acres), from Sigmor Road and Avenue "F"; subject to owner's compliance with the specified conditions. (Attachment # 16) CITY COUNCIL PRIORITY ISSUES (Re[er lo legend at Ihe end o~' agenda summary) Agenda Regular Council Meeting Febma~ 15,2005 Page 6 17.a_ 17.b. 18. Public headng to consider abandoning and vacating a 42,471- square foot portion of an undeveloped and unsurfaced 30-foot wide dedicated public right-of-way out of Lots 12 and 13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end portion of the Junior Beck Ddve street right--of-way). (Attachment # 17) Ordinance abandoning and vacating a 42,471 -square foot portion of an undeveloped and unsur[aced 30-foot wide dedicated public right-of-way out of Lots 12 and 13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end portion of the Junior Beck Ddve street right-of-way); subject to owner's compliance with the specified conditions. (Attachment # 17) ZONING CASES: Case No. 1204-07. Tim J. Mokry: A change of zoning from a "R- lB" One-family Dwelling Distdct to a "B-4" General Business District, being 11:023 acres out of Lots 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located north and south of Corsica Road and east of South Staples Street. (Attachment # 18) Planning Commission and Staffs Recommendation: Denial of the "B-4" General Business Distdct and in lieu thereof, approval of an "A-l" Apadment House Distdct on Tract - 1 and a "B-l" Neighborhood Business District on Tract - 2. ORDINANCE Amending the Zoning Ordinance, upon application by Tim J. Mokry by changing the zoning map in reference to 11.023 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 31 and 32 from "R-lB" One-family Dwelling Distdct to Tract 1 - "A-l" Apartment House Distdct and Tract 2 - "B-l" Neighborhood Business Disthct; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer ID legend al. Ihe end o~ agenda summary) Agenda Regular Council Meeting Febma~ 15,2005 Page 7 19. 20. Case No. 0105-01, Mostaghasi Investment: A change of zoning from an "A-l" Apartment House Distdct to a "R-lC" One-family Dwelling Distdct on 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10 and 11, located north of Jessica Ddve and New Bedford Street. (Attachment # 19) Planninq Commission and Staff's Recommendation: Approval of the "R-1 C" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Mostaghasi Investment by changing the zoning map in reference to 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10, and 11 from "A-I" Apartment House Distdct to "R-lC" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0105-02, Ali Pilehvari: A change of zoning from a "R- 1 B" One-family Dwelling District and "R-1 B" One-family Dwelling District with a Special Permit to a "B-1" Neighborhood Business District on Alameda Park, Block 6, Lots 33 and 34, located west of Everhart Road and 200 feet south of Avalon Street. (Aitachment # 20) Planning Commission and staff's Recommendation: Approval of the "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application byAli Pilehvad by changing the zoning map in reference to Alameda Park Subdivision, Block 6, Lots 33 and 34 from "R-lB" One-family Dwelling Distdct and "R-1 B"/SP One-family Dwelling District with a Special Permit to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer lo legend at Ule end of Ihe agenda summary) Agenda Regular Council Meeting Februa~ 15, 2005 Page 8 21. 22. Case No. 0105-03, Michael L. and Nan M. Hughes: A change of zoning from a "B-4" General Business Distdct to an "1-3" Heavy Industrial Distdct in Lindale Park Addition, Block 1, Lot 2A, located along the northwest comer of Swantner Ddve and Ohio Street. (Attachment #21) Plannin~l Commission and Staff's Recommendation: Denial of the "1-3" Heavy Industrial District and in lieu thereof, approval of a Special Permit for a fourteen foot by fourteen foot pet crematorium building subject to Texas Commission on Environmental Quality Permit regulations. ORDINANCE Amending the Zoning Ordinance, upon application by Michael L. and Nan M. Hughes by changing the zoning map in reference to Lindale Park Subdivision, Block 1, Lot 2A (currently zoned "B-4" General Business District) by granting a Special Permit for a fourteen by fourteen foot animal crematorium subject to the regulations set forth by the Texas Commission on Environmental Quality; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 010504. Vic Kasan: A change of zoning from a "R-1 B" One-family Dwelling Distdct to a "B-4" General Business District. The property is in Brookhaven Subdivision, Block 8, Lot 1, located along the southwest corner of Brookhaven Drive and Brookside Drive_ (Attachment # 22) Planning Commission and Staffs Recommendation: Approval of the "B-4" General Business District_ ORDINANCE Amending the Zoning Ordinance, upon application by Vic Kasan by changing the zoning map in reference to Brookhaven Subdivision, Block 8, Lot 1, from "R-lB" One-family Dwelling Distdct to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer Io le~ at the end of the agenda summary) Agenda Regular Council Meeting Febma~ 15,2005 Page 9 23. Case No, 0105-05, Airy Entemdses, Inc, ' A change of zoning fi-om a "F-R' Farm-Rural Distdct to a "R-1 B" One-family Dwelling Distdct being 57,94 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd Field Road and south of Slough Road (future Lipes Boulevard). (Attachment # 23) Planning Commission and Staffs Recommendation: Approval of the "R-lB" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Arty Enterprises by changing the zoning map in reference to 57.948 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4 from "F-R" Farm Rural District to "R- lB" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. VARIANCE REQUEST: 24.a. Public hearing on request for a vadance to operate an establishment with on-premise consumption of alcoholic beverages. (Attachment # 24) 24.b, Resolution granting a variance, under Section 4-5(F) of the Code of Ordinances, to Benigno Sanchez to operate an on-premise alcoholic beverage establishment located at 9840 Leopard Street. (Attachment # 24) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25.a. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding Cable Communications Commission and Access User Groups; providing for penalties. (First Reading 01/18/05) (Attachment # 25) CITY COUNCIL PRIORITY ISSUES (Rel~r [o leger~l al 01e e~d of agenda summary) Agenda Regular Council Meeting Februa~ 15,2005 Page 10 25.b. 25.C. L= M= Motion to amend pdor to second reading of ordinance amending Code of Ordinances, City of Corpus Chdsti, Chapter 55, regarding rules and procedures for public access cablecasting, to amend roles of city and cable operator and technical requirements. (Attachment # 25) Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Chdsti, Chapter 55, regarding Rules and Procedures for Public Access Cablecasting. (First Reading 01/18/05) (Attachment#25) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS 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 YOUPLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meetfng; therefore, please speak Into the microphone located at the podium and state your name and address. If you have a petition or other Information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree qua su ingl~s es limitado, habr~ un int&rprete ingl~s..espa~ot en la reunion de la junta para 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 FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive CITY COUNCIL PRIORITY ISSUES (Re[er to lege~:l at the end (h" b'le agenda summary) Agenda Regular Council Meeting February 15,2005 Page 11 26. 27. N= 28. session on the following matters. In the event the Council elects to go into execugve session regarding an agenda item, the section or sections of ~he Open Meetings Act autho#zing the executive session will be publicly announced by the presiding office. Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et al, in the District Court of Nueces County, Texas, 28~h Judicial District, with possible discussion and acton related thereto in open session. Executive session under Texas Government Code Secton 551.071 regarding In re: Tomas Duran, Debtor, Bankruptcy No. 04-21514-C-7, including all related Adversary Proceedings and mrnoved state court action pending as Adversary No. 04-2143-C, City of Corpus Chdsti v. Entrust, Inc_, Tomas Duran, and Duran Insurance Brokerage (formerly Cause No_ 04-3928-G, City of Corpus Chdsti, v. Entrust, Inc., et al, In the 319"~ Judicial District Court of Nueces County, Texas), and also regarding Cause No. C-04-500, Tomas Duran v. City of Corpus Chdsti, David Garcia, Donna James, Lee Dumbauld, George Noe, Keith McNeely and McGdff, Seibels, and Williams, Inc., In the United States Distdct Court for the Southern Distdct of Texas, Corpus Chdsti Division, with possible discussion and action related thereto in open session. REPORTS: The following reports include questions by Council to Staff regarding City pollcies or acb'vitie$; 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 o~her brief discussions regarding ci~/-related matters. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79 ~ Texas Legislature. CITY COUNCIL PRIORITY ISSUES (Re fer t~ legend at t~e e~:l of Ihe agenda summary) Agenda Regular Council Meeting February 15, 2005 Page 12 29. 30. 31. O. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS ADJOURNMENT: POSTING STATEMENT: This agenda was posted on ~he Cit'/s oEicial bulletin boar, d at Ihe h'ont enlrance to,-,Ci~y Hall, 1201 Leopard Street. at ;~:('~) p.m., . .~ ~) h A.,{ O~ ~--~ II) ,2005. Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer Io ~ aL Ihe end c~ agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action Item that Implement council priority Issues. 1 PRESENT Mayor Pro Tem Bill Kelly Council Members: Javier Colmenero Brent Chesney Melody Cooper Henry Garrett Rex Kinnison Jesse Noyola Mark Scott ABSENT Mayor Samuel L. Neal Jr. MrNUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 8, 2005 - 10:02 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Pro Tern Kelly called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Damon Relder of the Wesley United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tern Kelly called for approval of the minutes of the regular Council meeting of January 25, 2005. A motion was made and passed to approve the minutes as presented. Mayor Pro Tem Kelly referred to the presentation on the day's agenda, an update on the design, implementation, and evaluation of the Wireless Fidelity (WiFi) and Automated Meter Reading (AMR) pilot projects. Director of Municipal Information Systems (MIS) Ogilvie Gericke stated the Council had recently contracted with PTI for the design and implementation ofa AMR system pilot project and a broadband network pilot project. Both pilot projects, especially the WiFi broadband network project, had generated widespread interest throughout the country. He said numerous entities had contacted the city wishing to establish partnerships related to the WiFi project. Mr. Gericke introduced Dr. Costis Toregas, president emeritus of PTI, and MIS Business Unit Manager Leonard Scott, who would update the Council on the status of the pilot projects, and would also elaborate on the potential partnerships. Dr. Toregas updated the Council on the status of the physical mesh network deployment. He said 24 square miles of the city, and several areas to the east and west of downtown, were "live", or wired for WiFi. He mentioned a number of future improvements, including a transition fi.om WiFi b-devices to g-devices to improve network speed, and the introduction of WiMax, a new Minutes - Regular Council Meeting February 8, 2005 - Page 2 technology beyond WiFi that would improve network speed and penetrate longer distances. Dr. Toregas provided an update on staffs progress with a number of applications. He mentioned an access protocol application that users needed to access the city's signal. Regarding the automated meter reading (AMR) pilot project, he reported the project was running smoothly, and had the potential to bring the city's water management system in the forefront_ In addition, Dr. Toregas mentioned several priorities resulting fi.om a brainstorming session with staff in which they were asked how the WiFi system could be used to improve the provision of city services. First, he said plans were underway to "web enable" the MAXIMO work management system so that it would be accessible to city employees through the WiFi network. Second, the city and the Regional Transportation Authority were discussing the possibility of providing bus kiosk updates through the WiFi system. Finally, staff was developing an WiFi- enabled application that would accelerate the building inspections process by as much as 15 to 20 percent. Mr. Leonard Scott added the application could allow for same-day approval for new home inspections. Dr. Toregas discussed the status of the city's negotiations with Intel. He said Intel was not only interested in the deployment of WiFi networks; rather, they were also interested in promoting the construction, creation, and development of new hardware and software devices using the WiFi system. Staffhad already met with Intel representatives in December, and was planning another meeting in February. In addition, other corporations such Microsoft, Dell, and BlackBoard had expressed interest as well, increasing the city's economic development opportunities. Dr_ Toregas provided an update on potential partnerships the city could engage in to promote the WiFi network. Locally, the city could potentially partner with SBC and Time Warner to serve as network managers. In addition, he mentioned the use of wireless internet service providers (WISP), companies that offer wireless internet service to a user, and suggested the city begin considering an entrepreneurial relationship with one or more WISPs. Nationally, besides the companies he had previously mentioned (Microsoft, Dell, and Intel), Dr_ Toregas expected to see the city involved in more high-level, corporate relationships at the strategic and marketing levels. Dr. Toregas discussed four initiatives to promote the city's WiFi advantage throughout the counlry_ He said the city has been featured in the local as well as the national press. In addition, the National League of Cities 0NLC) initiated a dialogue between elected officials from France and the United States regarding public/private partnerships in the technology, transportation, and environment arena, attended by Council Member Cooper. Finally, he reported that the president of Intel made a presentation at the National Consumer Show (NCS) in Las Vegas, Nevada featuring Corpus Christi. Dr. Toregas elaborated on the essential elements of a public/private parmership, what he called the "wholesale model" business plan. First, he said the city would develop and own the WiFi infraslxucture. Second, he strongly recommended that the city contract with the private sector to manage and service the applications Third, the Intel Digital City initiative would provide strong applications that could drive the business model. Finally, he suggested the city retain the ability to deeply discount services to special groups such as school children and the elderly to bridge the digital divide by making the service more affordable. He also recommended that the city become Minutes - Regular Council Meeting February 8, 2005 - Page 3 an "anchor tenant", purchasing a major portion of the services from the network. In response to Ms. Cooper's question, Mr. Leonard Scott reported on a potential partnership with the Corpus Christi Independent School District (CCISD) to facilitate the exchange of information between parents, students, and the schools. Dr. Toregas discussed three components of the Digital City vision for Corpus Christi: efficient provision of services; a new economy and jobs for Corpus Christi; and healing the digital divide. To provide efficient services, Dr. Toregas stated it was important to have well-trained employees; a commitment to re-engineering; pilot programs; and secure transmissions. Regarding the new economy, he briefly mentioned the incubator concept, and said that the city's parmership with Intel was a good starting point. To heal the digital divide, he spoke about the city's potential parmemhip with CCISD and special treatment for certain populations, such as the children and the elderly. Dr. Toregas briefly outlined a number of outstanding items the city had not addressed, such as how to ensure the completion of the project, stalTmg and managing the WiFi cloud, and how to manage its partnerships. Dr. Toregas also mentioned various policy decisions the Council could anticipate making in the near future as follows: pricing the service; determining the extent of services and partnerships; setting performance measurement and defining success; privacy and security standards; and driving the Digital City as leaders. Dr. Toregas provided a financial update on the projects. He noted a small delay in the AMR pilot project due to inventory problems with meters. As a result, he said the city would probably need to extend its PTI contract at an additional cost of $100,000. The Digital City initiative would require $80,000 in city funding in the first four months for the following services: to interface with Intel and vendors/developers; to design and drive communications plan; to manage business plan implementation; and to train staff and provide local resources for application deployment. Dr. Toregas summarized the project goals as follows: to continue to lead the WiFi field for public relations benefits and a repositioned tourism advantage; to pilot new services and attract the nascent WiFi industry to Corpus Christi; to reduce the digital divide in partnership with CCISD and other partners; and to reduce city service costs and/or enhance service delivery_ Dr. Toregas mentioned the next steps in the projects as follows: continued discussions with SBC and Time Warner; aggregation of WiFi services to track, manage, and promote Corpus Christi- based innovation; the results of the AMRpilot results in March; staffing for applications deployment and training of city staff in using the cloud; and the inclusion of stakeholders with a WiFi executive committee representing the broad corm'nunity. Dr. Toregas also mentioned the city could now determine how to begin a return on investment analysis to study potential revenues, operating expenses, the earnings equation, net income, capital expenses, reserves and cash flow. Finally, Dr. Toregas briefly mentioned a list of reminders regarding upcoming issues as follows: Telco initiatives in Texas; the impact the resignation of FCC Chairman Powell would have Minutes - Regular Council Meeting February 8, 2005 - Page 4 on unlicensed spectrum politics; develop a win-win philosophy for partnerships; and taking adequate credit for the city's leadership position through a communications plan. Mr. Scott asked if the city was going to play a proactive role in developing the incubator concept. City Manager Noe replied affirmatively, saying staff had clearly stated during their negotiations with various technology companies that the most meaningful contribution the companies could make was to invest in jobs in Corpus Christi. Once the companies were in place, Mr. Noe stated they could potentially develop a synergistic relationship with the community that would intensify economic development. Mr. Colmenero asked about possible FCC regulation of WiFi technology. Dr_ Toregas replied that since the city's WiFi technology was broadcasting under one watt of power, the FCC did not require licensing. He said, however, the FCC could change their stance at any time depending on the political winds; therefore, it would be prudent to monitor the situation. Mayor Pro Tem Kelly asked for a timeline on the expansion of the service to the more disadvantaged areas on the city's north side, such as the Agnes Street corridor and the Leopard Street corridor, since one of the stated project goals was to bridge the digital divide_ City Manager Noe replied staffs recommendation on the WiFi project deployment would be in the capital budget, which the Council would consider in approximately one month_ The project deployment was anticipated to take approximately 12 months. Mayor Pro Tern Kelly asked staff-to be cognizant of the goal to bridge the digital divide when making their recommendations. City Manager Noe replied affirmatively, and added that CCISD will undoubtably choose schools in those disadvantaged areas for inclusion in their pilot project partnership with the city. Mayor Pro Tem Kelly called for consideration of the consent agenda (Items 3 - 21). City Secretaxy Chapa announced that Council Member Kelly was abstaining fi.om the vote and discussion on Item 13, and Council Member Noyola was abstaining fi.om the vote and discussion on Item 20. Mr. Bill Kopecky, 3609 Topeka, requested that Item 12 be discussed. Council members requested that Items 3, 7, and 13 be discussed. A motion was made and passed to approve Items 3 through 21, constituting the consent agenda, except for Items 3, 7, 12, and 13, which were pulled for individual consideration_ City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2005-037 Motion approving the purchase of thirty workstations from Corporate Express, Corpus Christi, Texas in accordance with the United States Communities Government Purchasing Alliance for the total amount of $71,261.26. The furniture will be used by the Utility Business Office and the Call Center. Funds are available in the City Hall Capital Improvement Program Fund. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 5 5.a. RESOLUTION NO. 026130 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Public Safety in the amount of $13,600 for hazardous materials emergency preparedness planning activities in the No. 1062 Fire Grants Fund. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 5.b. ORDINANCE NO. 026131 Ordinance appropriating $13,600 from the Texas Department of Public Safety in the No_ 1062 Fire Grants Fund for hazardous materials emergency preparedness planning activities. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. RESOLUTION NO. 026132 Resolution authorizing the City Manager or his designee to submit of a grant application in the amount of $49,998 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws and to prevent youth access to, and illegal use of alcohol, with a City match of $23,800 in the No_ 1061 Trust Fund, for a total project cost of $73,798. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. MOTION NO. 2005-039 Motion authorizing the City Manager or his designee to execute a construction contract with DMB Construction, of Corpus Christi, Texas in the amount of $351,087.80 for the Major Outfall Repafl-s - Phase 1, Part "A"_ The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 6 10. 11. 14. MOTION NO. 2005-040 Motion authorizing the City Manager or his designee to execute a construction contract with Coastal Resources, Ltd., of Corpus Christi, Texas in the amount of $544,823 for the Fair Oaks Drive Drainage Improvements and Leonard Drive/Mu[holland Drive Drainage Improvements for Base Bid A, Base Bid B and Additive Alternate C. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kirmison, Noyola and Scott, voting "Aye"; Neal was absent. ORDINANCE NO_ 026133 Ordmance amending Ordinance No. 024905 passed and approved on June 11, 2002 by amending Section 3 to adopt the final assessment roll and assessments to be levied against the owners of property abutting on the following street: Woodlawn Drive fi.om South Padre Island Drive (SPID) Westbound Frontage Road to McArdle Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. MOTION NO, 2005-041 Motion authorizing the City Manager or his designee to execute Amendment No_ 3 to a contract with Freese & Nichols, Inc., of Corpus Christi, Texas in the amount of $102,800 for engineering services for the fourth year ora Five Year Inspection and Monitoring Program at Wesley Seale Dam. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kiimison, Noyola and Scott, voting "Aye"; Neal was absent_ MOTION NO. 2005-044 Motion authorizing the City Manager or his designee to execute a Utility Easement instrument fi.om the First Baptist Church of Corpus Christi for the acquisition of Parcels 1, 3, 4 and 5 in the total amount of $60,527, each parcel containing both a Utility and Temporary Construction Easement, necessary for the Lindale/Chenoweth Subdivision Area Drainage Improvements, Phase 1 Project (#2174), and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 7 15. 16. 17. 18. MOTION NO. 2005-045 Motion authorizing the City Manager or his designee to provide $2,500 fi.om the Permanent Art Trust Fund for the partial acquisition of"Journey's End", a sculpture fi.om Kent Ullberg, for display at Seagull Park on Padre Island. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent_ ORDINANCE NO. 026134 Ordinance authorizing the City Manager or his designee to execute a Lease Agreement with the Southside Little Miss Kickball for the use of city property known as Jerry Smith Fields and in consideration of Southside Little Miss Kickball maintaining the premises and improvements_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. ORDINANCE NO. 026135 Ordinance authorizing the City Manager or his designee to execute a five-year Lease Agreement with the West Corpus Christi Rotary Club for the use of city property near McKenzie Road and Allison Drive by the Boy Scouts and in consideration of the Rotary Club maintaining the premises and improvements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. RESOLUTION NO. 026136 Resolution exempting River Ranch Estates Subdivision from payment of Wastewater Acreage Fees pursuant to Section V. B. 6. I of the Platting Ordinance. The foregoing resolution was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Minutes - Regular Council Meeting February 8, 2005 - Page 8 19. ORDINANCE NO. 026137 Ordinance abandoning and vacating 4,280-square feet of a 30-foot wide utility easement out of Lot 1, Block 1, Taylor Best Plaza, located south of Northwest Boulevard (Farm-to-Market Road 624) and west of County Road 69; requiring the owner, Jack Taylor, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. 20_ ORDINANCE NO_ 026138 Authorizing the City Manager or his designee to execute a Long-Term Lease Agreement with Amarillo Sports Services, Inc. doing business as Game Time Food and Beverage Services, Inc. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment ora minimum rental fee and a percentage rent for a term often years with a five year option to renew upon agreed terms. (First Reading 01/11/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Scott, voting"Aye"; Neal was absent; Noyola abstained_ 21. ORDINANCE NO. 026139 Amending Code of ordinances, Chapter 2, Article IV, Division 12, Small Business Advisory Committee regarding membership and duties. (First Reading 01/25/05) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Mayor Pro Tem Kelly opened discussion on Item 3 regarding a supply agreement with McGinnis Industxial Sales, Inc. for gas meters. Mr. Kinnison noted that a number of low bidders were disqualified because their equipment was not adaptable to the automated meter reading (AMR) system. He asked if this had resulted in the $17 per unit price increase. Procurement and General Services Manager Michael Barrera replied affirmatively, but said staffwas recommending a short- term contract of six months with extension options if necessary. The AMR system required that the meter register accommodate a direct mount to the hexagram STAR meter transmitting unit (MTU), an AMR device that allows the meter to be read electronically. The hexagram STAR MTU manufacturer had committed to develop an MTU module that will fit on the low bidder's meters. If they could accomplish this within the six-month time frame, then Mr. Barrera said staffwould re- bid the meters and hopefully restore the previous price levels. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 8, 2005 - Page 9 3. MOTION NO. 2005-036 Motion approving a supply agreement with McGinnis Industrial Sales, Inc., of Houston, Texas for approximately 1,750 gas meters in accordance with Bid Invitation No. BI-0046-05, based on low bid meeting specifications for an estimated six month expenditure of $91,000_ The term of the agreement shall be for six months with an option to extend for up to four additional six-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 2004-2005_ The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Gm-rea, Kinnison, Noyola and Scoa, voting "Aye"; Neal was absent. Mayor Pro Tem Kelly opened discussion on Item 7 regarding the Clarkwood North Force Main Project. Mayor Pro Tem Kelly asked iftbe project would increase the water capacity or the service area in Clarkwood. City Engineer Angel Escobar replied negatively, saying the work was designed to address fi'equent overflows at the intersection of Leopard and Rand Morgan Streets, where the Clarkwood North Lift Station's force main currently emptied out_ The proposed project consisted of installing a new sanitary sewer force main along Leopard Street which would carry sewage fi-om the existing Clarkwood North Lift Station and deposit it into the sewer system on Turkey Creek instead of Leopard and Rand Morgan Streets. In response to Mayor Pro Tern Kelly's question, City Engineer Escobar said the city would not be able to increase the service area until additional sewer lines running into the lil~ station were installed_ Mr. Garrett noted there were a number of businesses in the area that did not have wastewater services, and asked if the project would expand services to them. City Engineer Escobar replied negatively, but said the project would sufficiently increase the capacity of the lift station so that eventually, the city could extend sewer lines flowing into the lift station fi-om those businesses. Assistant City Manager Ron Massey added the new lines would have to be funded through the capital budget. Historically, he said the city has not extended wastewater service lines into other areas because the funding priorities were to expanding lift stations or replacing failed systems. Most of extensions to the system were being accomplished by developers. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO, 2005-038 Motion authorizing the City Manager or his designee to execute a constmctton contract with ICing Isles, Inc., of Corpus Christi, Texas in the amount of $898,872 for the Clark:wood North Force Main Project. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Neal were absent. Mayor Pro Tem Kelly opened discussion on Item 12 regarding a traffic engineering consulting services contract. Mr. Bill Kopecky, 3609 Topeka, assumed much of the consulting would be targeted toward the Alameda Street hospital zone, and he suggested staff contact St. Patrick's Church before moving the crosswalks in fi'ont of the church per staffs recommendation. Minutes - Regular Council Meeting February 8, 2005 - Page 10 City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2005-042 Motion authorizing the City Manager or his designee to execute a contract with Wilbur Smith Associates, of Dallas, Texas in an amount not to exceed $29,750 for traffic engineering consulting services on an as needed basis. The foregoing motion was passed and approved with the following vote: Kelly, Chesney, Colmenero, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Cooper and Neal were absent. Mayor Pro Tem Kelly opened discussion on Item 13 regarding the construction of Whataburger Field, the city's minor league baseball stadium_ Mr. Kinnison noted the item was providing additional funding of approximately $361,000 for the construction, to be taken out of the construction contingency account. Therefore, the expense and the project itself were well within the budget, contrary to popular belief. He asked if staffanticipated any additional change orders. City Manager Noe replied affirmatively, saying staffexpected no more than two additional change orders. He said a number of the items in the change order represent changes requested by the baseball team, in which case the city could approach the team for reimbursement_ The anticipated completion date for the project was in April 2005. City Secretary Chapa polled the Council for their votes as t'ollows: 13. MOTION NO. 2005-043 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the Construction Manager at Risk Contract with Fulton/Coastcon and Hunt Construction Group, Joint Venture, of Corpus Christi, Texas and Indianapolis, Indiana in the amount of $361,369 for installation of additional improvements at Whataburger Field and increasing the Guaranteed Maximum Price to $22,153,304 for construction for the Professional Minor League Baseball Stadium. The foregoing motion was passed and approved with the following vote: Chesney, Colmenero, Cooper, Garret/, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent; Kelly abstained. Mayor Pro Tem Kelly referred to Item 22.a., and a motion was made, seconded and passed to open the public hearing on the following alley closure: Public hearing to consider abandoning and vacating a 1,250-square foot portion of a 10-foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon Street). Director of Development Services Barbara Holly explained Mr_ Alfonso Quintero was requesting the 1,250-square foot alley behind his place of business be closed to address a continuous Minutes - Regular Council Meeting February 8, 2005 - Page 11 thef~ problem at his business. He believed the alleyway was being used for criminal activities. Ms_ Holly said the city was requesting the entire alley remain as a utility easement because there was a two-inch water line and a water meter within the alley right-of-way_ She said the water meter would need to be relocated out of the abandoned area at the owner's expense. In conclusion, she said staff was recommending approval_ No one appeared in opposition to the alley closure_ Mr. Kirmison made a motion to close the public heating, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 22.b. FIRST READING ORDINANCE Abandoning and vacating a 1,250-square foot portion of a 10-foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between South Port Avenue and Harmon Street); subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Neal was absent. Mayor Pro Tern Kelly referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0105-07, Citgo Corpus Christi Refining and City of Corpus Christi: A change of zoning from an "R- 1B" One-family Dwelling District, "R- 1C" One-family Dwellmg District, "R-2" Multiple Dwelling District and "A-1" Apartment House District - Tract -1 and from "R-lB" One-family Dwelling District on Tract - 2 to an "I-2" Light Industrial District on Tract-1 and to an "I-Y' Heavy Industrial District on Tract - 2 located north of Interstate Highway 37, south of Gibson Street, east of Poth Lane and west of Buddy Lawrence Drive. City Secretary Chapa said the Planning Commission and staffrecommended the approval of the "1-2" Light Industrial District on Tract - I and approval of the "I-3" Heavy Industrial District on Tract - 2. Assistant Director of Development Services Michael Gunning explained Citgo Ref'ming was requesting a change of zoning on approximately 57 acres of land representing the majority of what was known as the Oak Park Triangle. This was formerly a residential area, primarily comprised of single-family residences with a mix of residential zoning. The subject property consisted of 35.26- acres on Tract-1 and 22.20 acres on Tract-2. The property was bounded on the north by Gibson Street, on the east by Park Lane, on the west by Buddy Lawrence Drive, and on the south by 1I-I-37. Citgo had been in the process of acquiring all the single-family owned lots in the area, with only two occupied lots remaining in Tract 1 on Oak Park and Retama Avenues that were zoned "R-lB". Since the two residential lots were not owned by Citgo Refining, the City of Corpus Christi was initiating the rezoning of those lots for land use consistency. Citgo was in the process of negotiating with the property owners to purchase their properties. Finally, Mr. Gunning reported nine notices Minutes - Regular Council Meeting February 8, 2005 - Page 12 were mailed to the subject property owners with respect to this case, and no notices were received in favor or against. Mr. Gunning stated the area comprehensive plan recommended that any new heavy industrial uses/zoning should not be closer than 1,000 feet from the IH-37 right-of-way, in order to protect the city's primary emergency evacuation routes. The proposed "I-3" Heavy Industrial District on Tract- 2 was located 1,000 fi.om IH-37 and therefore met the plan recommendation. He said Citgo planned to use both tracts for lay down pipe storage and parking lots. Mr. Gunning said the unoccupied properties located before the proposed "I-2" area and the IH-37 frontage road were owned by Citgo and were currently zoned "R- lB". He said Citgo planned to retain the "R-lB" zoning at this time. Mayor Pro Tem Kelly asked for public comment. The following individuals spoke in opposition to the zoning change because the area neighborhoods had not been adequately notified: Mr. Andrew DuArte and Mr. Henry Williams with the Hillcrest Residents Committee; and Mr. Robert Avery Jr. Mr. Jerome Bradford expressed concern that the two remaining property owners in the Oak Park Triangle were being forced out, and he asked for information on any safety issues related to the project. Mr. Abel Alonzo asked for information on the financial impact the project would have on the community, and was surprised staffhad not made more attempts to inform the neighborhood. Mayor Pro Tem Kelly asked if the Hillcrest area was in the notification area required by law. Mr. Gunning replied negatively, saying the city was required to send notices to residents within a 200-foot radius of the subject property. The Hillcrest area was located well outside the required notification area. Mr. Noyola spoke against staff's recommendation because he felt staffmay have rushed the zoning case through without obtaining neighborhood input, especially since these neighborhoods had already experienced many difficult changes. He proposed tabling the item for 30 days to allow Citgo to meet with area residents. Mr. Govind Nadkami, representing Citgo Refining, explained Citgo was planning a $350 million expansion of their facilities to treat gasoline and diesel fuel_ He said Citgo began acquiring the lots in the subject area in 1996 with the intent to create a buffer zone. Citgo and city staffhad decided that the first 300 feet of the area would be a buffer zone with "B-3" zoning. Out of this 300- foot portion, the first 50 feet would be landscaped. He said, however, that Citgo had not fully acquired this area yet, so it was not included in the current zoning change request. Mr. Nadkami stated Tract-1 (proposed "I-2" zone) and Tract-2 (proposed "I-3" zone) were mainly going to be used as a pipe lay down storage yard and parking areas, since the proposed expansion would require an extensive amount of pipes and other materials to be utilized for the construction. Once the project was completed, the property would probably remain empty. In the unlikely event that Citgo wished to change the property use in the "I-3" district, then the matter would have to be brought to the Zoning Board of Adjustment for approval. He emphasized no permanent structures were going to be built on the subject property. Minutes - Regular Council Meeting February 8, 2005 - Page 13 Mayor Pro Tern Kelly asked how long the cons traction was anticipated to last. Mr. Nadkami replied the construction phase was anticipated to last approximately three years. Mayor Pro Tern Kelly asked if it was necessary for Citgo to obtain a zoning change for a temporary storage use. Mr. Gunning replied affirmatively, saying the turnaround for the project required the refineries to use the space at least once a year, and the "I-3" zone was the appropriate zoning for this use. Mr. Scott noted this project was part of an incentive package the city had developed for Citgo totaling $800 mil lion. He was disappointed that Citgo did not make an attempt to meet with the area residents about the project. He stated, however, that based on Mr. Nadkarni's comments, it appeared Citgo's plan was addressing neighborhood concerns for a buffer zone and landscaping. He felt it was important that the city honor its commitment to Citgo. In response to Mr. Noyola's question, Mr. Nadkarni replied that if the Council wished to table the item to allow for a neighborhood meeting, Citgo would comply. He said the project could still meet the project schedule even with the delay. A motion was made, seconded, and passed to close the public hearing. Mr. Noyola made a motion to table this item for 14 days to allow Citgo to meet with the Oak Park and Hillcrest area residents about the project, and then schedule the item for Council consideration within 2l days, seconded by Mr. Colmenero. Mayor Pro Tern Kelly asked Mr. Noyola if he would accept an amendment to his motion to schedule the item for Council consideration by the last meeting in February (February 22). Mr. Noyola and Mr. Colmenero agreed to the amendment. City Secretary Chapa polled the Council for their votes on the motion to table as follows: Kelly, Colmenero, and Noyola, voting "Aye"; Chesney, Cooper, Garrett, Kiunison, and Scott, voting "No"; Neal was absent_ The motion to table failed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 026140 Amending the Zoning Ordinance, upon application by Citgo Corpus Christi Refining and the City of Corpus Christi by changing the zoning map in reference to Tract - 1 being 35.26 acres out of a portion of Oak Park, Grace Heights, Oak Lawn and Harbor View Estates Subdivisions fi-om "R-lB" One-family Dwelling Dislrict, "R-lC" One-family Dwelling District, "R-2" Multiple Dwelling District and "A-I" Apartment House District to "I-2" Light Industrial District and Tract -2 being 22.20 acres out of Harbor View Estates Subdivision, from "R- 1B" One-family Dwelling District to "I-3" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Chesney, Cooper, Garrett, Kinnison, and Scott, voting "Aye"; Colmenero, Kelly, and Noyola, voting "No"; Neal was absent. Mayor Pro Tern Kelly opened discussion on Item 24.a., and a motion was made, seconded, Minutes - Regular Council Meeting February 8, 2005 - Page 14 and passed to open the public hearing on the readoption of the ordinance relating to the curfew for minors_ No one spoke in opposition to the readoption of the ordinance. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Randy Stoneroad, the police legal advisor, reported that Section 370.002 of the Local Government Code required the city to either abolish, continue, or modify the juvenile curfew ordinance every three years. He said Chief of Police Pete Alvarez was recommending the ordinance be continued in its present form, noting a minor change in the numbering of the ordinance but otherwise no substantive changes. A motion was made, seconded, and passed to re-open the public hearing on the readoption of the curfew for minors. Mr. Abel Alonzo, 1701 Thames, spoke in support of the juvenile curfew ordinance. Mr. Garrett made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Joe Alley with the Nueces County Juvenile Department and Municipal Juvenile Court Judge Deanie King also spoke in support of the juvenile curfew. Mr_ Scott mentioned he had met with representatives fi.om the Big Brothers/Big Sisters program in San Antonio, and they had expressed interest in reinstating a program in Corpus Christi. He said he would put them in contact with Judge King. He also stated the City of San Antonio provided funding to their Big Brothers/Big Sisters program, and although the City of Corpus Christi may not be able to follow suit, they could potentially offer an in-kind contribution. City Secretary Chapa polled the Council for their votes as follows: 24.b. ORD1NANCENO. 026141 Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Section 33-40, 33-41, 33-42, and 33-43. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Kelly, Chesney, Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Ne, al was absent. Mayor Pro Tern Kelly called for petitions fi.om the audience. Ms. Michelle Jones with CWI spoke regarding her concerns about an SBC announcement that they were going to relocate more than 124 jobs from Corpus Christi to other cities. Ms. Sherry Dunlap, 5825 Hopkins Road, spoke regarding her concerns about the animal overpopulation problem in the city, and her concems about the animal care facility operations_ Mr_ Abel Alonzo, 1701 Thames, spoke in support of the smoking prohibition ordinance the Council had recently passed. Minutes - Regular Council Meeting February 8, 2005 - Page 15 Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about staffs processing of the Cable Communications Commission meeting agenda. Mayor Pro Tem Kelly asked for a brief recess to present an At Your Service award. The Council returned from recess, and Mayor Pro Tern Kelly called for the City Manager's report. City Manager Noe reported effective today, City Hall was now wired for wireless interact. Regarding the Neighborhood Initiative Program (NIP), he said Site 8 in the Molina area was completed. This week, he said the NIP Site 9 effort would begin with a meeting this Thursday at 6:00 p.m_ at Crockett Elementary School. The NIP Site 9 area was bordered by Baldwin, Greenwood, Home, South Port, and the Crosstown Expressway. Mr Noe reported the Council would consider the following items on next week's agenda: second reading of the public access ordinance; and consideration of the R.T.A. trolley issue. Mayor Pro Tem Kelly recognized two Boy Scouts who were in the audience_ He also asked City Manager Noe to look into creating a scholarship database accessible through the city library system. City Manager Noe replied he ~vas surprised a scholarship database did not already exist, but staffwould look into it. Mayor Pro Tem Kelly called for Council concerns and reports. Ms. Cooper reported a higher incidence of graffiti tagging on stop signs, and she asked staffto look into it_ City Manager Noe replied he had not heard of any unique activity, but the police department and code enforcement staff had been asked to report graffiti occurrences. Ms. Cooper announced the next town hall meeting would be held on Monday, March 7 at 7:00 p.m. in Baker Middle School. Mr. Noyola said he had dined at a restaurant yesterday for the first time since the smoking prohibition ordinance went into effect. As a smoker, he said he did not have any problem complying with the ordinance. However, he asked who was fined ifa citizen refused to refrain fi.om smoking in a restaurant atter being warned_ City Manager Noe replied if a restaurant owner or a citizen called in a complaint about a restaurant patron who was not complying with the ordinance, the offender would be cited, not the restaurant owner. He said a restaurant owner would only be fined if he/she refused to comply with the ordinance, or refused to post signs regarding the ordinance in their establiskment. There being no further business to come before the Council, Mayor Pro Tern Kelly adjourned the Council meeting at 12:40 p.m. on February 8, 2005. 2 a. COMMITTEE FOR PERSONS WITH DISABILITIES - Five (5) vacancies with two-year terms to 2-01-07. DUTIES: To carry on a program to encourage, assist and enable persons with disabilities to participate in the social and economic life of the city; to achieve maximum personal independence; to become gainfully employed; and to enjoy fully and use all public and private facilities available within the community. COMPOSITION: Nine (9) residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities, subject to Council approval_ The city's Director of Human Relations, Director of Park and Recreation, and Building Official shall serve as ex-officio non-voting members. The chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. MEMBERS TERM Linda Fallwell-Stover, Chairperson 2-01-06 Crystal Lyons 2-01-06 *Mary J. Saenz 2-01-05 *Brian Watson 2-01-05 *Roberto M. Flores 2-01-05 Billy Ray Sayles 2-01-06 Toni Padilla 2-01-06 *Eloy Soza 2-01-05 **Glen Ray Tomo 2-01-05 Park & Recreation Director Ex-officio Human Relations Director Ex-officio Building Official Ex-officio ORIGINAL APPTD. DATE 2-27-01 2-27-01 8-21-01 11-11-03 2-27-01 12-11-01 2-27-01 2-27-01 2-27-01 *Seeking reappointment **Not seeking reappointment ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Mary J. Saenz 11 10 91% Brian Watson 11 11 100% Roberto M. Flores 11 9 82% Eloy Soza 11 10 91% (Note: The Committee for Persons with Disabilities is recommending the reappointment of Mary J. Saen~, Brian Watson, Roberto M. Flores and Eloy Soz. a. The Committee also feels it is Important to have an architect on the committee and is therefore recommending the new appointment of David Walker.) OTHER INDIVIDUALS EXPRESSING INTEREST Johnette B. Cook Director of Personnel and Safety, Western Steel Company. Bachelor's in Social Work/Certification for Teaching (Secondary English). Activities include: Corpus Christi Human Resource Managers, Executive Women International, and Family Outreach Corpus Christi. (2-03- Michelle Jones Independent Living Specialist-Relocation, Accessible Comm~mities-Coastal Bend Center for Independent Living_ Licensed as a Registered Nurse. Graduated fi.om the Coastal bend Advocacy Training and Partners in Policy. Current Secretary of Accessible Communities of the Coastal Bend. (1-27-05) Larry Rast Owner, Marathon Mortgage. Received B.A. in Sociology fi.om Texas Tech University and M.A_ in Community Counseling fi.om Stephen F. Austin State University. Activities include: Special Olympics volunteer, Ronald McDonald House, and Member of the Housing and Urban Development Families Self-Sufficiency Advisory Committee. (11-14-04) Rosa M. Valdez Marketing/Sales, T[BH Industries, Inc. Received B.A. in Liberal Arts fi.om Texas A & M University - Corpus Christi. Activities include: Parent volunteer of National Hispanic Institute, C.C. Business & Professional Women's Club, Leadership Corpus Christi Class and Steering Committee and the Del Mar College TACHE Organization. (1-13-05) Antonio Vega Volunteer for Low Vision support group and the Optimist Club. Very active in church and the community. (4-29-04) David Walker Owner, Registered Accessibility Specialist Architect. Attended Texas A & M University and received a Master's in Architecture. Activities include: President of the Southside Rotary Club, President of Accessible Housing Resources Inc. (1-12-05) HUMAN RELATIONS COMMISSION - Four (4) vacancies with t~ms to 6-15-05 and 6-15-07 representing the following categories: 2 - Regular member, 1 - Selling Dwellings and 1 - Youth_ (Mayoral appointment with confirmation by Council) (Note: Staff is recommendlng postponing the appointment of the Youth member since the term is only for one (I) year and expires in Junk) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council dh-ectly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City;, one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staffofthe Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one-year terms. Eleven (11) members shall serve three-year terms. The Chairperson of the Committee for Persons with Disabilities serving as an ex-officio voting member. MEMBERS TERMS Oscar Hinojosa, Sr., Chairperson 6-14-05 Sylvester Peterson, Vice-Chairperson 6-14-05 ***Amy Rhoads Granberry 6-14-07 Robert Adler. 6-14-06 Dr. Carol Ledbetter 6-14-06 Lucy Reta 6-14-06 ***Ruth Silva 6-14-05 Dr. Clifton Baldwin 6-14-05 Stuart Elovitz, M.D. 6-14-07 VACANT (Selling Dwellings) 6-1 4-07 Leah Patterson (Rental Dwellings) 6-14-06 ****Adriana Zepeda (Youth) 6-14-05 Marisa K. Dowling (Youth) 6-14-05 Albert Santoya (Youth) 6-14-05 Linda Falwell-Stover (Com. Per. Dis. Chair) Ex-officio (Voting) Errol Summerlin (Legal Aide Society) Continuous ORIGI/NAL APPTD. DATES 5-11-99 12-08-98 7-10-01 6-22-04 9-23-03 6-22-04 2-12-02 11-11-03 9-19-00 7-10-01 6-22-04 6-22-04 9-23-03 9-23-03 Note: Vacant slot created when Betty Black filed for City Council election_ ***Resigned ****Has exceeded the number of absences allowed by ordinance INDIVIDUALS EXPRESSING INTEREST Gilbert Fuentes Realtor, Christi Properties. Received Master's degree fi:om Texas A & M University - Corpus Christi. Actively involved with Fighting to Rid Against Gangs. (Selling Dwelling or Regular member) (11-18-04) Robert McCarty Comptxoller, Women's Shelter of South Texas. Received BBA fi-om Corpus Christi State University. Activities include: Texas Society of CPA's, American Institute of CPA's, Metropolitan Community Church and Leadership Corpus Christi, Class 29. (Regular member) (6-23-04) Larry Rast Owner, Marathon Mortgage. Received B_A. in Sociology fi-om Texas Tech University and M.A_ in Community Counseling from Stephen F. Austin State University. Activities include: Special Olympics volunteer, Ronald McDonald House, and Member of the Housing and Urban Development Families Self-Sufficiency Advisory Committee. (Regular member) (11-14-04) Clark Smith Broker, The Village Realty. Receive B.A. fi:om Baylor University. Attended Corpus Christi State University and Del Mar for continuing education in Computer Science and Real Estate. (Selling Dwellings or Regular member) (2- 02-04) O.K. Smith Owner, O.K. Smith Real Estate. Attended Del Mar College and the University of Alaska. Activities include: Volunteer Center, Del Mar Former Students, Habitat for Humanity and President of the Board of Realtors 2003_ (Selling Dwellings) (2-08-05) Cheil Sperling President/Owner, Coastline Properties, Inc. Attended Business College and received Real Estate License. Active with the Corpus Christi Apamnent Association_ (Selling Dwellings or Regular member) (2-20-04) Jennifer Starr Former Human Resources professional. Received Bachelor's degree in Psychology and Professional Human Resources Certification. Volunteer with the Humane Society. (Regular member) (11-22-04) LEADERSHIP COMMITYEE FOR SENIOR SERVICES - Eight (8) vacancies with two-year t~nns to 2-01-07 representing the following categories: 2 - Agency, 2 - Community, 1 - Senior Center participant, 2 - RSVP volunteers, and 1 - Senior Companion Program (SCP) volunteer. DUTIES: To assist the Senior Community Services division staffin the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Semor center participants, 2 - Retired and Senior Volunteer Program (R.S.V_P.) volunteers, 2 - Senior Companion Program (S.C.P.) volunteers, 3 - Direct service agencies, and 6 - Community re?resentatives. Initially, eight (8) membea-s shall be appointed for a term of one-year and seven (7) members shall be appointed to two-year terms. MEMBERS TERM *Roland Medrano (Agency), Chair 2-01-05 *Alan D. Bligh (Community), Vice-Chair 2-01-05 H. Rex Amick (Agency) 2-01-06 *Marion Ball (Senior ctr.) 2-01-05 Pauline Johnson (Senior cit.) 2-01-06 **Helga Graham (R.S.V.P.) 2-01-05 *Douna Mare Cisneros (R.S.V.P.) 2-01-05 Apolonia Cantu (S.C.P.) 2-01-06 **Juan Del Bosque (S.C.P.) 2-01-05 *Lou Trlica (Agency) 2-01-05 Barbara Deguzis (Community) 2-01-06 Anna Gonzales (Community) 2-01-06 **Lucy Johnson (Community) 2-01-05 Jen-y Wagoner (Community) 2-01-06 Hope Franklin (Community) 2-01-06 ORIGINAL APPTD. DATE 2-12-02 2-12-02 2-12-02 2-12-02 2-12-02 2-11-03 2-10-04 2-12-02 2-10-04 2-10-04 2-10-04 2-12-02 2-12-02 10-12-04 2-10-04 *Seeking reappointment **Not seeking reappointment ATrENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. NAME THIS TERM PRESENT Roland Medrano (Agency) 10 10 Alan D. Bligh (Community) 10 10 Marion Ball (Senior center) 10 10 Donna Marie Cisneros (RSVP) 10 10 Lou Trlica (Agency) 10 10 % OF ATYENDANCE LAST TERM YEAR 100% 100% 100% 100% 100% OTHER INDMDUALS EXPRESSING INTEREST Lidia Lopez Manager, SBC Operation S~-vices. Attending Texas A & I University. Activities include: President of the SBC Pioneers, the Coastal bend Club and Booster of OCBCF Chess OrganiTation. (Community) (2-16-04) Teresa Martinez Senior Companion Program volunteer. Helps as a MHMR voluntegr and nursing home volunteer. (SCP volunteer) (1-15-03) Yvonne Mendez Owner, Advantage Realty. Attended college for various courses in Real Estate Brokerage and Management in Mortgage Brokerage Administration. Activities include: Local, State and National Realtors Associations and Affordable Housing Committee for the Corpus Christi Board of Realtors. (Community)(4-20-04) Adolfo Saenz Senior Companion Program volunteer_ Attended college to receive an Early Childhood Education diploma. Active as a church leader. (SCP volunteer) (2-04-05) Para Stefina Assistant Professor of Nursing, Texas A&M University-Corpus Christi. Master's and Bachelor's degrees in Nursing and holds a certificate in Gerontology_ Professional and cornrnul~ty activities include: member of Oncology Nursing Society, National League of Nursing and Sigma Theta Tau. Special awards received include: Educator of the Year, 1995; Who's Who in Medicme and Healthcare 1999-2000_ ('R~VP) (9- 12-03) Ka~yTumer Marketing Director, Holmgreon Center at Trinity Towers. Received a Master's in Social Work. President of the South Texas Social Work Society. (Agency) (7-17-03) SISTER CITY COMMITTEE - Two (2) vacancies with terms to 9-05 and 9-06_ DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three-year terms or until thek successors are appointed and qualified_ The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council_ Members of each such subcommittee shall be appointed by the Steering Committee plus members fi.om the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V-Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The Chairman and each vice-chairman shall be elected by majority vote of the sister ci~ committee annually_ If the General Chairman is absent, a vice-chairman shall be elected fi.om the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Randy Fan'ar, Chairman 9-07 6-11-02 Venecia Kelly 9-07 9-14-04 Yalee Shih 9-05 10-21-97 Rebecca A.E. Hawn 9-07 6-15-04 Mufid A. Abudiab 9-05 10--10-00 Ellen Murry 9-05 4-16-02 ****Mary Ann Lopez 9-05 6-15-04 Heather S tanton Moretzsohn 9-07 9-14-04 Regis Barber 9-07 12-10-02 Westi Horn 9-07 6-15-04 Ann Jaime 9-05 6-13-00 Joseph Alley 9-07 9-1 4-04 Hsiu "Mindy" Chang 9-07 10-14-03 Vicki Garza 9-07 9-14-04 Sonia Qua&os Heil 9-05 9-14-04 Judy Benkendorfer 9-06 10-1 0-00 Flicka Rahn 9-06 6-15-04 Elizabeth R. Iglesias 9-06 4-22-03 John Rocha 9-06 9-23-03 ****Mary H. "Bebe" Moms 9-06 9-09-02 Sharon L. Phillips 9-06 9-09-02 ****Has exceeded the number of absences allowed by ordinance (Note: The Sister City Committee is recommending the appointments of Dr. Ridge Hammons and John Nelson Jr.) INDMDUALS EXPRESSING INTEREST James Chrobocinski Manager-Skilled Nursing, Corpus Christi Medical Center. Licensed Registered Nurse through Del Mar College. Activities include: volunteer in athletic program at Baker Junior High and multiple committees at C.C. Medical Center_ (10-28-04) Kenneth Faseler Substitute Teacher and Adjunct Instructor, Corpus Christi hdc-pendent School District/Del Mar College. Instructor of Portuguese and Brazilian Culture and local musician. (8-13-04) Gilbert Fuentes Realtor, Christi Properties. Received Master's degree t~om Texas A & M University - Corpus Christi. Actively involved with Fighting to Rid Against Gangs. (11-18-04) Linda Figueroa Office Manager/Paralegal, Ysassi & Ysassi, P.C. Attended Texas A & I University and the University of Houston. Activities include: Vice President of the Texas Democratic Women and boant member for RIDC. (9-30-04) Omar Garcia Vice President, C.C. Regional Economic Development Corporation. Received Bachelor's degree in International Businesa/Spanish from St. Edward's Umversity. Activities include: Board of Directors of the Hispanic Chamber of Commeme, Workforce 1, and Goodwill Industries. (1-26-05) Dr. Ridge Hammons Curriculum Instructor, Corpus Christi Independent School District. Received B.S. fxom University of Texas, M.S. firom Texas A & M University - Corpus Christi and Ph.D. fxom University of Colorado. Activities include: Clean Sweep, Boy Scouts, Girl Scout. Received the Golden Whisk Broom. Fluent in Span/sh, French and German. (10-19-04) Dora L. Hidalgo Clinical Record Admimstxator, MHMR of Nueces County. Registered Health Information Technician. Activities include: Coastal Bend Health Information Management Association and President of the South Texas Amigos de Mexico. Received the Hispanic Women's Network Las Estrellas Award. (9-2&.04) Peter Kuntu-Mensah Assistant Professor of Computer & Math Sciences, Texas A&M University42orpus Christi_ Ph.D. fi.om University of Maine; M.S. fi.om Ohio State University. Member of the Texas Society of Professional Surveyors and the American Society of Photogram_ (9-14-04) Kelly Smith CSRI, Labor Ready. Participated in Sister City program in Yokosuka, Japan while attending high school. (9-24-03) Elaine A. Yellen Assistant Professor of Nursing, Texas A&M University - Corpus Christi. Ph.D. in Nursing. Active volunteer with St. Bartholomew's Church_ Member of Texas Nurse's Association- local chapter. (5-28-04) SMALL BUSINESS ADVISORY COMMITTEE - Nine (9) vacancies with t~m~s to 8-01-05, 8-01- 06 and 8-01-07 composed of representatives bom organizations that assist small and historically underutilized businesses or representatives bom businesses that support small and historically underutilized businesses such as ban.ks and real estate agencies. DUTIES: To advise the Economic Development Office on projects and programs to initiate, enhance or research for the purpose of retaining, expanding, creating small and historically underutilized businesses and jobs provided by small and historically underutilized businesses; on the development of parmerships with organizations to initiate, enhance or research such projects and programs; and to serve as a focal point to communicate approaches to identify, a~act, expand, and retain small and historically underutilized businesses. COMI~OSITION: The committee shall consist of nine (9) members for two-year terms_ The committee shall be composed of representatives from an organizations that assists small and historically underutilized business, which includes organizations that provide programs and services that facilitate in the attraction, creation, expansion or retention of small and historically underutilized businesses and jobs in Corpus Christi, local small or historically underutilized business owners, or representatives from businesses that support small and historically underutilized businesses such as banks and real estate agencies. INDIVIDUALS EXPRESSING INTEREST Carm~n Ar-ias Administrator/Partner, Medworks Industrial Medical Clinic. Current member of the Regional Transportation Authority, Corpus Christi Human Resource Management Authority and President of the Westside Business Association. (8-19-04) Roland Barrera Owner, Roland Barrexa Insurance. Activities include: Regional Transportation Authority, Northside Bay Area Advisory Council Scouting Program, National Association of Life Underwriters, South Texas Mill/onaires and Business Resource Center Steering Committee_ (8- 24-04) Anita Cadena Accountant, Flusche, Van Beveren, Kilgore. Received a B.B.A. in Accounting from Texas A & M University - Corpus Christi. Member of the Corpus Christi Hispanic Chamber and the Texas Society of Certified Public Accountants. (9-02-03) David Cadena Vice President for Commercial Lending, Bank of America. Received a B.A. from Texas A & M University - Corpus Christi. Serves as an Javier Castillo Joe Cisneros III Christopher Cruz Anne Drier Debbie E. Fernandez Sylvia Ford Efrain Franco Ambassador and Treasurer for the Corpus Christi Hispanic Chamber. (9-02-03) Sales Representative, Renfrow and Company, Inc. Received a B.A. in Finance from Texas A & M University- Corpus Christi. Member of the Corpus Christi Chamber of Commerce. (8-08-03) CEO, Corpus Christi Hispanic Chamber of Commerce. Recipient of the Small Business Advocate Award from the Small Business Association and the Westside Business Association_ (8-18-04) General Manager, Cruz Drywall and Painting. Received a degree in Mechanical Engineering and Business Management. Member of the Hispanic Contractors Association and the Corpus Christi Chamber of Commerce. Received the Contractor of the Year Award and Certificate of Acenmplishment from the Corpus Christi International Airport. (9- o2-o3) Loan Officer, Texas Mortgage. Graduate of Incarnate Word Academy and Dale Carnegie Course. Activities include: Ambassador of Corpus Christi Chamber of Commerce, Hispanic Chamber of Commerce and formerly a member of the Business Resource Steering Committee. (8-24-04) Economic Development Specialist, U.S. Small Business Administration. Received a Bachelor's of Business Administration fi-om Pan American University. Volunteers with SCORE and Counselors to America Small Business_ (9-03-03) Community Investment Administrator, Frost Bank. Activities in AVANCE, Habitat for Humanity, Dress for Success, YMCA - Partner with Youth Captain, Kids Place voluateer and the Business Resource Center Steering Committee. (8-24-04) Sales Executive, IKON Office Solutions_ Member of the Hispanic Chamber of Commerce, Amigos Mexico former member of the Business Resource Center Steering Committee. (8-24-04) Rose M. Gonzalez L.C. (Bud) Harris m Carlos Martinez Danny Ortiz Adelfino Palacios Carole Peterson Rey Re)ma Membership/Special Events, Hispanic Chamber of Commerce. Received the Director of the Year Award for MDA and member of the Corpus Christi Chamber of Commerce. (8-14-03) Dean, Del Mar College. Received B.A. from University of Memphis and M.A_ from Texas State University. Activities include: Leadership Corpus Christi, Corpus Christi Chamber of Commerce and Workforce 1. (8-23-04) President, Extreme Tools & MRO, Inc. Activities include: Corpus Christi Hispanic Chamber of Commerce Ambassador and the Business Resource Center Steering Committee. (8-24-04) Account Executive, Worlcforce Network, Inc. Received B.A. in Marketing from the University of Texas at Austin. Activities include: Toastmasters International and Golden Key National Honors Society. Received the University of Texas Minority Transfer Achievement Award_ (7-09-04) CPA, Palacios & Palacios. Received B.A. fi.om the University of Texas at Austin, M.A. from Texas A & M University - Corpus Christi and is a Certified Public Accountant. Member of the Business Resource Steering Committee and professor at Del Mar College. (8-24-04) Director of Workforce Development, Texas A & M University - Corpus Christi. Received B.A_ and pursuing M.A. from Texas A & M University - Corpus Christi. Formerly the Director for Strategic Planning for the Port of Corpus Christi, Corpus Christi Hispanic Chamber of Commerce and the Business Resource Center Steering Committee_ (8- 24-04) Sales Consultant, Staff-force. Attended Texas A & M University for a degree in Psychology. Currently serves as the Corpus Christi Hispanic Chamber of Commerce Ambassador Chair. (8-12-03) David Rodriguez Sean P. Smith Lamont Taylor Rose Valdez David Yoskowitz President, American Insulation. Attended Brazos College and the Tuck School of BusIness at Dartmouth. Member of the Knights of Columbus, the Hispanic Chamber of Commerce and the Hispanic Contractors Association. (5-28-03) Program Manager, Del Mar College. Received a degree in Business Administration fi-om Corpus Christi State University. Member of the Association of Procurement Technical Assistants. Received certification for an Associate Contxacting Assistant Specialist fi-om the APTAC. (9-02-03) Corpus Christi Regional Transportation Authority. Member of the Black Chamber of Commerce Formerly served on Business Resource Steering Committee. (8-24-04) Marketing and Sales Manager, TIBH Industries. Received B.A. from Texas A & M University - Corpus Christi. Activities include: Leadership Corpus Christi, President of the Corpus Christi Business and Professional Women's Club, Texas A & M University - Corpus Christi Alumni Association and the National Hispanic Institute. (8- 03-04) Professor, Texas A & M - University - Corpus Christi. Received B S. fi-om Bentley College, M.A. and Ph.D. fi.om Texas Tech University. Member of the Business Resource Steering Committee. (8-24- O4) 3 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on the Status of the Downtown Transportation Streetcar Study, Regional Transportation Authority OUTSIDE PRESENTER(S): Name 1. Rlcardo Sanchez 2. David Seller TltlelPosiflon Or~lanizatlon General Manager RTA Director of Operations RTA ISSUE: Overview of the Downtown Transportation/Streetcar Project and process in place. Presentation of the next steps including the Project Management Plan (PMP), followed by dialogue with City Council members. Powerpoint Ronald ~ Assistant City Manager 4 AGENDA MEMORANDUM RECOMMEDATION: Motion approving a supply agreement for brass service fittings in accordance with Bid Invitation No. B1-0007-05 with National Waterworks, Inc., Corpus Christi, Texas based on low total bid for an estimated annual expenditure of $103,334.70 The fittings will be stocked by the Warehouse and distributed to Water Department. The term of the agreement is twelve months with option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager, or his designee. Funds have been budgeted by Water Department in FYIM-05. ******************************************************************************* BACKGROUND: Purpose: The fittings will be stocked by the Warehouse and issued to the Water Department. The fittings consist o£vadous pipe fittings from 'A" to 2" and are used by the Water Department throughout the water distribution system. Previous Contract: The option to extend the previous contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid Invitation Issued: Seventeen Bids Received: Four Price Comparison: Pricing has increased by 12% since the last bid in 2002. According to the Producers Price Index, pricing is increasing. Award Basis: Low Total Bid Mordson Supply, San Antonio, Texas submitted the low bid for group 1. However, the $25.30 price difference does not Justify awarding and administering two separate contracts. Funding: Warehouse Inventory 119010-5010-00000 $103,334.70 Procurement & General Services Manager 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Feb. 15, 2005 AGENDA ITEM: Ordinance appropriating $30,223.00 from the State Homeland Security Grant in Fire Grants Fund 1062 for purchase of a building access and security system for the Frost Bank / EOC Building; and declaring an emergency. ISSUE: On September 30, 2003 the City Council approved a resolution to execute a Subrecipient agreement to accept a State Homeland Security Grant in the amount of $2,026,402. The purpose of the grant is to improve our ability to respond to potential terrorist attacks using weapons of mass dest~ction and to improve building security at critical sites. An analysis of the Frost Bank / EOC building demonstrated a need for improvement in access and general security. The City has an option to purchase equipment either through the State Purchasing Program or locally. Funds are appropriated from the grant only when purchases are done locally. REQUIRED COUNCIL ACT1ON: Council approval. PREVIOUS COUNCIL ACTION: All funds are now expended with the approval of this purchase. CONCLUSION AND RECOMMENDATION: Staffrecommends appropriating $30,223.00 fi~om the State Homeland Security Grant in the Fixe Grants Fund 1062 to purchasc the access / security system for the Frost Bank / EOC Building Fire Chief Attachments: 1. Ordinance 2. Release of Funds Letter C:kD~:umenks and SetlingshMIShMy DocumentsL~genda Security systm doc BACKGROUND INFORMATION The City of Corpus Christi currently is under contract with Total Protection Systems, Inc to provide technical analysis, recommendations, and installation of building security systems. The access / security system to be installed at the Frost Bank / EOC Building is compatible with current and future city owned systems. C:~Documents and SettingshMISLMy Dccuments~Agenda Security sy~tm dc~ Texas DPA gramt fumds vdemed for ~ i~mse lib-om: <stq:q:~w~Tc~mDPA.com> To: <MHI~AND~.c.~o,> ~ 12/17f200,4 4:46 PM Smbie~t: T~DPAip~tfum~mle~dfo~lo~l pmch*~ file://C:'d~nen~ ~md S~ings\UscrkLocal Set6ngs\TempkGW}000OIHTM 12/20/2004 AN ORDINANCE APPROPRIATING $30,223.00 FROM THE STATE HOMELAND SECURITY GRANT IN FIRE GRANTS FUND 1062 FOR PURCHASE OF A BUILDING ACCESS AND SECURITY SYSTEM FOR THE FROST BANK/EOC BUILDING; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,223.00 from the State Homeland Secudty Grant is appropriated in the No. 1062 Fire Grants Fund for the purchase of a building access and security system for the Frost Bank / EOC building. 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 on this the 15~h day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~ ~', ;) ")- ,2005 Samuel L. Neal, Jr. Mayor By: Assistant City Attorney For City Attorney Ord-Appro~rostEOC 2 Corpus Christi, Texas __day of ,2005 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, Respectfully1 Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 6 AGENDA MEMORANDUM February 15, 2005 SUBJECT: Multi-Purpose Arena - (Project No. 4236) AGENDA ITEM: Motion to accept ownership of the American Bank Center Arena from the Corpus Christi Business and Job Development Corporation with an effective date of February 7, 2005. FUNDING: Action requires no funding. RECOMMENDATION: Approval of the motion as presented. Ang~ R'. Escobar, P. E. Di~ctor of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background information H:~-IOM E~EVINS~EN~,rena~3'~me rs hip Tr ns [rMemo.doc ADDITIONAL INFORMATION SUBJECT: American Bank Center Arena - (Project No. 4236) BACKGROUND: The project was constructed under the authority of the Corpus Christi Business and Job Development Board. The Board was established as a 4-A Corporation as provided by Texas statutes to administer business and job development proceeds. The Board delegated contract and construction administration to the City Council and City staff, but retained legal ownership and responsibility for the project. Review indicated that a formal transfer to the City would be the best way to ensure that the Board's role with the Arena had been concluded. The Board voted dudng their February 7, 2005 meeting to transfer ownership of the Arena to the City as of that date. Council action to formally accept and ratify the transfer as of February 7, 2005 will conclude the transfer and provide the necessary documentation. Additional transfers for other construction projects undertaken through the Board will be forthcoming as projects are completed. H :~H OM E~KEVINS~GE N~rena~C~vnecshlpTrns frB kg Ex hA.doc Exhibit A Page 1 of 1 7 AGENDA MEMORANDUM City Council Action Date: February 15, 2005 SUBJECT: Broadway Basin 15" and Larger Wastewater Lines Cleaning FY04-05 (Project No. 7324) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to Chief Environmental Surveys of Houston, Texas, in the amount of $283,460 for the Broadway Basin 15' and Larger Wastewater Lines Cleaning FY04-05. ISSUE: This project is part of an ongoing effort to reduce and eliminate inflow and infiltration in the Broadway basin collection system in order to prevent sanitary sewer overflows. The project has bid and is ready to begin the construction phase. City Council action is required to complete the project. FUNDING: Funds to finance the proposed project are available in the Wastewater Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services ~g~ R. Escoear, P.E_ ~)irector of Engineering Services Additional Sur)rmrt Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Broadway Basin 15" and Larger Wastewater Lines Cleaning FY04-05 (Project No. 7324) PRIOR COUNCIL ACTION: 1. January 20, 1998 - Award of an engineering services contract to Urban Engineering in the amount of $743,783 for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program. (M98-007) 2. December 15, 1998 - Award of construction contract to Jalco, inc. in the amount of $625,795 for the Carolyn Heights and Sunnybrook/Mansheim Wastewater Collection System Rehabilitation Program. (M98-419) 3. Auaust 24. 1999 - Award of construction contract to Chief Contractors Inc. of Houston, Texas in the amount of $959,278 for the Allison/Broadway/Oso/Green- wood Basins 15" Diameter and Larger Sewer Line Cleaning. (M99-283) 4. October 12, 1999 - Award of Amendment No. 2 to the engineering services contract with Urban Engineering in the amount of $205,260 for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program. (M99-357) 5. June 13, 2000 - Approval of Change Order No. 5 in the amount of $128,900 with Chief Contractors Inc. for a total restated fee of $1,170,550.36 for the Allison/Broadway/Oso/Greenwood Basins 15" Diameter and Larger Sewer Line Cleaning. (M2000-180) 6. July 17, 2001 - Award of Amendment No. 3 to the engineering services contract with Urban Engineering in the amount of $238,400 for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program. (M2001-263) 7. February 10, 2004- Approval of the FY 2003-04 Capital Improvement Budget in the amount of $173,624,300. (Ordinance No. 025647) 8. Auqust 17, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the contract I~or professional services with Urban Engineering in the amount of $1,089,833.65 for a total restated fee of $2,303,534.05 for the Intlow/Intiltration Area Collection System Rehabilitation_ (Motion No. 2004-308) PRIOR ADMINISTRATIVE ACTION: 1. September 16, 1999 - Award of Amendment No. 1 in the amount of $11,357.40 to Urban Engineering for services related to the In[iltration/Inflow (I/I) Collection System Enhancement Program. 2. March 30, 1999 - Approval of Change Order No. 1 in the amount of $3,289 with Jalco, Inc. for a total restated fee ol' $629,084 for construction of one (1) four-foot manhole. 3. March 30, 1999 - Approval of Change Order No. 2 in the amount of $24,497.50 with Jalco, Inc. for a total restated fee of $653,581.50 for reestablishing service lines. EXHIBIT"A" Page 1 o[ 3 Januarv 6, 2000 - Approval of Change Order No. 1 in the amount of $23,960.36 with Chiel~ Contractors Inc. for a total restated fee of $983,238.36 for the Allison/Broadway/Oso/Greenwood Basins 15" Diameter and Larger Sewer Line Cleaning. February 17, 2000 - Approval of Change Order No. 2 in the amount of $24,900 with Chief Contractors Inc. for a total restated fee of $1,008,138.36 for the Allison/Broadway/Oso/Greenwood Basins 15' Diameter and Larger Sewer Line Cleaning. Apdl 5, 2000 -Approval of Change Order No. 3 in the amount of $24,585 with Chief Contractors Inc. for a total restated fee of $1,032,723.36 [or the Allison/Broadway/Oso/Greenwood Basins 15" Diameter and Larger Sewer Line Cleaning. May 17, 2000 - Approval of Change Order No. 4 in the amount of $8,927 with Chief Contractors Inc. for a total restated fee of $1,041,650.38 for the Allison/Broadway/Oso/Greenwood Basins 15" Diameter and Larger Sewer Line Cleaning. December 31,2001 - Award of Amendment No. 4 in the amount of $14,900.00 to Urban Engineering for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program. December 6, 2004 - Award of Amendment No. 8 in the amount of $16,650.00 to Urban Engineering for services related to the Infiltration/Inflow (I/I) Collection System Enhancement Program. PROJECT BACKGROUND: This is a multi-year project to minimize sanitary sewer overflows that are caused by excessive infiltration of groundwater and inflows of surface water (I/I) into the collection system dudng rainfall events. The areas where the greatest problems exist are in some of the older sections of the City, including portions of the Allison, Broadway, Oso and Greenwood wastewater collection basins. The odginal contract was authorized January 20, 1998 and consisted of several sewer line rehabilitation projects, a sewer line cleaning project and a Sanitary Sewer Evaluation Study (SSES). The specific projects include: · Plans and specifications were prepared for sewer line rehabilitation in the Carolyn Heights/Sunny Brook-Mansheim areas (No. 7133). · Plans and specifications were prepared to clean selected sewer lines greater than 15" in the Oso, Broadway, Greenwood and Allison basins (No. 7025). · Flow monitoring was conducted in 10 sub-basins of the Broadway basin and an SSES was conducted on the three high priori~ sub basins (No. 7226). · A sanitary sewer overflow and inflow and infiltration (SSO-I/I) study and report were prepared for the Allison and Greenwood basins (No. 7025). · Plans and specifications were prepared for the priority 1 sewer line rehabilitation and priority 1 and 2 manhole rehabilitation as identified in the Broadway basin SSES (No. 7226). · Plans and specifications were prepared to clean selected sewer lines less than 15" in diameter in the Oso, Broadway, Greenwood and Allison basins (No. 7225). EXHIBIT'A" Page 2 of 3 PROJECT DESCRIPTION: The project consists of a base bid only for the cleaning and video recording of approximately 16,750 feet of 15", 24", 27" and 30" diameter VCP sanitary sewer lines; locating two existing manholes; construction of two new fiberglass manholes (if authorized by the engineer); and other miscellaneous items of work required to complete the project. BID INFORMATION: The City received proposals [rom three (3) bidders on February 2, 2005 (see Exhibit 'B" Bid Tabulation). The bids range from $283,460.00 to $638,775.30. The engineer's estimated construction cost for the project is $304,837.00. The City's consultant, Urban Engineering, and City staff recommend that the total base bid be awarded in the amount o[ $283,460.00 to Chief Environmental Surveys of Houston, Texas for the Broadway Basin 15" and Larger Wastewater Lines Cleaning FY04-05 project. CONTRACT TERMS: The contract specifies that the project will be completed in 100 calendar days. Completion is anticipated by June 2005. EXHIBIT"A" Page 3 of 3 0 ~ ~ o o~oo ooo~ ~ .~ ~ ~ 8 8888 888 ~ o~ ~ o o o o PROJECT BUDGET Broadway Basin 15" and Larger Wastewater Lines Cleaning F'Y04-05 (Project No. 7324) February 15, 2005 FUNDS AVAILABLE: Wastewater ............................................................... $1,068,459.00 FUNDS REQUIRED: Construction (Chief Environmental Surveys) ..................... Contingencies (10%) ................................................... Consultant (Urban Engineering) ..................................... Engineering Reimbursements ....................................... Construction Inspection Activity ..................................... Misc. (Printing, Advertising, etc.) .................................... Total ........................................................................ $283,460.00 28,346.00 743,783.00 2,349.00 9,779.00 742.00 $1,068,459.00 H :'d-i OM E',~lac~e~e~G ENOW as t ewat e f~732.4~o r o) eot Budget EXHIBIT 'C' Page 1 ot 1 File : \Mproject\counc#exhiblts\exh7324.dwg N PROJECT EXTENTS AREA I PROJECTEXTENTS AREA2 PROJECT EXTENTS AREA 3 CITY PROJECT No. 7324 VICINITY MAP NOT TO SCALE EXHIBIT "D' BROADWAY BASIN 15" and LARGER WASTEWA TER LINES CLEANING FY04-05 Cl~ OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 02-08-2005 8 AGENDA MEMORANDUM DATE: February 15, 2005 SUBJECT: Wastewater Clean-Out Installation Program FY 2004-2005 (Project No. 7329) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $456,050 with RCM Construction, Inc. of Corpus Christi, Texas for the Wastewater Clean-Out Installation Program FY 2004-2005. ISSUE: The residential sanitary service lines that do not have clean-outs must be excavated and cut into by the Wastewater Department to clear stoppages. These service lines need to be repaired to prevent debds and surface water from entedng the collection system, causing line blockages and/or overloading of treatment plants dudng heavy rainfall events. The Wastewater Department has an on-going program installing clean-outs to avoid the problem in the future. FUNDING: Funds for this project are available in the FY 2004-2005 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Director of Wastewater Department ~0 r~'°~ sEc~" ~ e rvices Additional Sul~l~ort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tabulation Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Wastewater Clean-Out Installation Program FY 2004-2005 (Project No. 7329) PRIOR COUNCIL ACTION: 1. Februarv 29, 2000 - Motion awarding a construction contract in the amount of $79,500 to either Quality Machine & Equipment Company or Rycon Construct. ion for the FY 1999-2000 Wastewater Clean-Out Installation Program. The two firms submitted identical bids. The successful bidder, Quality Machine & Equipment Company, was chosen by the casting of lots (Motion No. M2000-085). 2. October 17. 2000 - Motion awarding a construction contract in the amount of $93,916 to Quality Machine & Equipment Company for the FY 2000-2001 Wastewater Clean-Out Installation Program (Motion No. M2000-371). 3. Apd116, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $161,435 with Rycon E & C, LLC for the Installation of Wastewater Clean-Outs FY 2001-2002 (Motion No. M2002-098). 4. April 15, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $335,370 with Rycon E & C, LLC for the Installation of Wastewater Clean-Outs FY 2002-2003 (Motion No. M2003-142). 5. July 27, 2004 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $272,870 with Rycon E & C, LLC for the Installation of Wastewater Clean-Outs FY 2003-2004 (Motion No. M2004-285). BACKGROUND INFORMATION: The Wastewater Department assumes the responsibility for all sanitary sewer lines within public rights-of-way and easements. When a blockage occurs in a service line and there is no clean-out, the line must be exposed and excavated and cut into to see if responsibility for the problem lies with the City or the property owner. Once the blockage has been cleared, the broken pipe must be replaced and a clean-out installed. Because many Corpus Christi homes were constructed before clean-outs were required in the City's Plumbing Code, the Wastewater Department has accumulated numerous work orders for clean-outs. PROJECT DESCRIPTION: The project consists of the excavation of existing service lines; replacing wastewater service lines as required from the clean-out to the City main; incidental main line repairs if required; installation of approximately 455 new PVC clean-out assemblies; televising service lines to City main; backfill, other appurtenances and site clean up, in accordance with the plans, technical specifications and contract documents. BID INFORMATION: Bids were received on February 2, 2005 with two (2) bidders submitting proposals. The bid proposal was set up with a Base Bid only. The bids are $456,050 for RCM Construction, Inc. and $567,020 for Jhabores Construction Company, Inc., with RCM Construction, Inc. of Corpus Christi, Texas submitting the Iow Bid. Staff IEXHIBIT ;'~A" I Page 1 of 2 recommends a contract be awarded to RCM Construction, Inc. in the amount of $456,050. CONTRACT TERMS: The contract specifies that the project will be completed in 365 calendar days, with completion anticipated by March 2006. FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Operating Budget. IEXHIBIT "A" I Page 2 of 2 WASTEWATER CLEAN-OUT INSTALLATION PROGRAM FY 2004-2005 (Project No. 7329) February 15, 2005 FUNDS AVAILABLE: Wastewater CIP ........................................................... $510,655.00 FUNDS REQUIRED: Construction (RCM Construction, Inc.) ............................... $456,050.00 Contingencies (10%) ...................................................... Major Projects Activity .................................................... Construction Inspection Activity ....................................... Printing ...................................................................... Advertising ................................................................. Total .......................................................................... 45,605.00 3,000.00 5,000.00 500.00 500.00 $510,655.00 EXHIBIT "B" I Page 1 of 1 o o o o 0 0 o o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o c, o c; o c, c; EXHIBIT "C" Page t o! 2 o o o o o CD EXHIBIT "C" Page 2 of 2 I \ Mproject ~ councilexhibits \ exh 7329.dwg N NUECES BAY CORPUS CHRISTI BAY NOTE: CITY WIDE PROGRAM LAGUNA MADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT No. 7329 EXHIBIT 'D' WASTEWA TER CLEAN-OUT INSTALLATION PROGRAM FY 2004-2005 CITY OF CORPUS CHRIST7, C£TY COUNCZL EXHIB£T ~ DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 ot= I ~'-- DATE: 02/07/2005 ~ 9 CITY COUNCIL AGENDA MEMORANDUM DATE: February 15, 2005 SUBJECT: Force Main Repairs and Replacement - Country Club Estates Lift Station (Parent Project No. 7027 - Project No. 7301) AMENDMENT NO. 11 AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the Contract for Professional Services with Goldston Engineering, Inc. in the amount of $31,125, for a total restated fee o[ $813,398, for the Force Main Repairs and Replacement - Country Club Estates Lift Station Project. ISSUE: The proposed Amendment No. 11 will provide engineering services and survey work to complete the Country Club Estates Lift Station system. This required work was not included in the odginal scope of work. The total fee of $31,125 for the proposed Amendment No. 11 exceeds the $25,000 contract limit and requires City Council approval. FUNDING: Funds for this project are available in the Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented_ Foster Crowell Director of Wastewater Department /. /~g~l R. Escobar, P.E. ~Oirector ol~ Engineering Services Additional Sul313ort Material: Exhibit "A" Background Inl~ormation Exhibit"B" Contract Summary Exhibit"C" Location Map BACKGROUNDINFORMA~ON SUBJECT: Force Main Repairs and Replacement Project - Country Club Estates Lift Station (Parent Project No. 7027 - Project No. 7301) AMENDMENT NO. 11 PRIOR COUNCIL ACTION: 1. November 25, 1997 - Motion authorizing the City Manager, or his designee, to execute a Consultant Contract with Goldston Engineering, Inc. for a total fee not to exceed $268,550 for the Force Main Repairs and Replacement Project (Motion No. M97-348). 2. Apdl 13, 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Consultant Contract with Goldston Engineering, Inc. for a total fee not to exceed $63,500 I=or the Force Main Repairs and Replacement Project (Motion No. M99-098). 3. March 11, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No_ 8 to the Consultant Contract with Goldston Engineering, Inc. for a total fee not to exceed $359,130 for the Force Main Repairs and Replacement Project (Motion No. M2003-101). PRIOR ADMINISTRATIVE ACTION: 1. December 14, 1998 - Executed Amendment No. 1 to the Consultant Contract with Goldston Engineering, inc. for a total fee not to exceed $8,500 for the Force Main Repairs and Replacement Project. 2. Auclust 9, 1999 - Executed Amendment No. 3 to the Consultant Contract with Gctdston Engineering, inc. for a total fee not to exceed $14,900 for the Force Main Repairs and Replacement Project. 3. Julv 14, 2000 - Executed Amendment No. 4 to the Consultant Contract with Goldston Engineering, inc. for a total tee not to exceed $0 for the Force Main Repairs and Replacement Project. 4. Auqust 23, 2001 - Executed Amendment No. 5 to the Consultant Contract with Goldston Engineering, inc. for a total fee not to exceed $8,500 for the Force Main Repairs and Replacement Project. 5. Apdl 29, 2002 - Executed Amendment No. 6 to the Consultant Contract with Goldston Engineering, Inc. for a total fee not to exceed $0 for the Force Main Repairs and Replacement Project. 6. January 8, 2003 - Executed Amendment No. 7 to the Consultant Contract with Goidston Engineering, inc. for a total fee not to exceed $24,950 for the Force Main Repairs and Replacement Project. 7. October 23, 2003 - Executed Amendment No. 9 to the Consultant Contract with Goldston Engineering, inc. for a total fee not to exceed $9,320 for the Force Main Repairs and Replacement Project. IEXHIBIT "A" I Page 1 of 2 PRIOR ADMINISTRATIVE ACTION (continued): 8. December 8, 2003 - Executed Amendment No. 10 to the Consultant Contract with Goldston Engineering, Inc. for a total fee not to exceed $24,923 for the Fome Main Repairs and Replacement Project. PROJECT BACKGROUND: The proposed project was initiated in previous Capital Improvement Programs to rehabilitate or replace various ductile iron wastewater force mains. The existing ductile iron material was an industry standard at the time these facilities were constructed; however, it is susceptible to deterioration from exposure to wastewater gases. PVC pipe, which is impermeable to sewer gas, was not available in larger diameters at that time. Current industry practices focus on the use of plastic or other materials that are not susceptible to corrosion. An earlier phase of the Force Main and Replacement Project, Force Main Line "B" (ductile iron), is now complete and provided for the replacement with a 30-inch diameter PVC line between Wooldridge Road Lift Station and Williams Ddve Lift Station. Line failures (ductile iron pipe) have occurred at the intersectJon of Saratoga Boulevard and South Staples. These line failures confirm the need to proceed with the replacement of Force Main Line "C" as the next phase. This existing line is 24 inches in diameter, and runs from the Country Club Lift Station, located at 6300 Everhart Road, down Everhart Road to Saratoga Boulevard, then easterly along Saratoga Boulevard to Cimarron Road. The new route proposed will have a significantly lower impact to traffic and existing improvements. Utility easements will be dedicated by Corpus Christi Country Club. A participation agreement with the Corpus Chdsti Country Club is forthcoming and will require Council action. AMENDMENT NO. 11: The proposed project consists of the following: Basic Services - Additional design, plans and specifications, and bid documents necessary to re-activate the Weber-Glenn Force Main and modifications to Country Club Estates Lift Station and site improvements including new odor control system and [Iow metering system, and connecting the newly installed Force Main "C" for dual system reliability. Additional Services - · Survey- Provide for field survey including metes and bounds descriptions for utility easements, temporary construction easements, and land to be acquired. · Hvdroexcavation- Field location and verification of existing pipelines, etc. by hydroexcavation. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". I EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY AMENDMENT NO. 11 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and Goldston Engineering, inc. hereinafter called "Engineer", agree to the following amendments to the Contract For Professional Services for Force Main ReDalr$ and Replacement - Country Club Estates Lift Station as authorized by: Original Contract November 25, 1997 Motion No. M97-348 $268,550.00 Amendment No. 1 December 14, 1998 Administrative Approval $8,500.00 Amendment No. 2 April 13, 1999 Motion No. M99-O98 $63,500.00 Amendment No. 3 August 9, 1999 Administrative Approval $14,900.00 Amendment No. 4 July 14, 2000 Administrative Approval $0.00 Amendment No. 5 August 23, 2001 Administrative Approval $8,500.00 Amendment No. 6 Apdl 29, 2002 Administrative Approval $0.00 Amendment No. 7 January 8, 2003 Administrative Approval $24,950.00 Amendment No. 8 March 11,2003 Motion No. M2003-101 $359,130.00 Amendment No. 9 October 23, 2003 Administrative Approval $9,320.00 Amendmenl No. 10 December 8, 2003 Administrative Approval $24,923.00 1. PROJECT SCOPE Basic Services - Additional design, plans and specifications, and bid documents necessary to re-activate the Weber-Glenn Force Main and modifications to Country Club Estates Lift Station and site improvements including new odor control system, and flow metedng system, and connecting the newly installed Force Main "C' for dual system reliability. Additional Services - · Survey- Provide for field survey including metes and bounds descriptions for utility easements, temporary construction easements, and land to be acquired. · Hvdroexcavation - Field location and verification of existing pipelines, etc. by hydroexcavation. 2. SUMMARY OF FEES - on the following page. EXHIBIT "B" Page 1 of 2 I 8888 8888 8888 8888 8888 8888 8888 8888 8888 88888 88888888888888888888888888888 ooo .... oooo ............ ~o~ 88888888888888888888888888888 ~8888~8888~888~8888888~888 88888888888888888888888888888 oo ....... ooooooooo~oo~oooooo~ §~88888888~888~88888888~8~8 88888888888888888888888888888 88888888888888888888888888888 ...... ~ooooooo. . .... ooooooooo~ 88888888888888888888888888888 oooo~oooooooooooooooooooooo~. _ _ 88888888888888888888888888888 IEXHIBIT"B" I Page 2 of 2 NU£CES BAY N C©RPUC~ CHRISTI BAY COUNTRY CLUB ESTATE$ LIFT STATION LAGUNA MADRE GULF OF MEXICO LOCATION MAP N©T TO ~CaLE PROJECT No. 7301 EXHIBIT 'C' COUNTRY CLUB ESTATES LIFT STATION CITY OF CORPUS CHRISTI, TEXAS CZTY COUNCZL EXHZBZT ~ PAGE: I ol= 1 DATE: 02fO2f2005 ~ 10 AGENDA MEMORANDUM February 15, 2005 SUBJECT: Street Lighting - Port Avenue - Sam Rankin to U.S. 181 Project No. 4285 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to authorize a construction agreement in an amount not to exceed $88,582.43 w~th AEP for street light installation and relocation of electrical power lines on Port Avenue bebNeen Sam Rankin and U.S. 181. ISSUE: Installation of street lights and relocation of overhead power lines is necessary to enhance the City's benefits access to the Port of Corpus Christi, Whataburger Field, Amphitheater, and American Bank Center. FUNDING: Funding is available from Street CIP Funds. Staff recommends approval of the motion as presented. RECOMMENDATION: ~,ngel R. Escobar, P.E. t~ Director- Engineering Services Attachments: Exhibit A - Additional Information Exhibit B - AEP Invoice Exhibit C - Location Map H:~HOME~EVINS~GEN~STRTLGHT~PortBasebalIMemo.doc ADDITIONAL INFORMATION BACKGROUND: The City is making numerous improvements to the North Side/Port area. The improvements include utilities and streets (Port Avenue and Tancahua). Overhead electrical lines were cited by the Port of Corpus Christi as interfering with traffic during military deployments. Additional street light improvements are needed to enhance traffic visibility on Port Avenue. The improvements further enhance public venues and major facilities such as Amedcan Bank Center, Concrete Amphitheater. Port of Corpus Christi, and Whataburger Field. PROJECT DESCRIPTION: This project consists of the installation of street lights on Port Avenue and relocation of overhead power lines. New transmission service lines will be installed on Sam Rankin and Brewster. CONTRACT INFORMATION: Street lights are installed and maintained byAEP on a "cost- shadng" basis. AEP has agreed to complete the installation on a not to exceed cost of $88,582.43. They will submit an official invoice upon completion of the work. RECOMMENDATION: Approval of the motion as presented. H:~-IOME~,KEVINS~EN~TRTLGHT~ortBasebalIBkgExhA doc I Exhibit"A' I Page 1 of 1 AEP P©Box 2121 PRO FORMA Exhibit B Page 1 of 1 NUECE$ [?AY "PROJECT LOCATION N CORPUS CHRISTI BAY LOCATION MAP _ O.D. j PUSUC O~L OOCKS LPROJECI SITE '::HIP CHANNEL ~z N CITY PROJECT No.4285 VICINITY MAP CORPUS CHRISTI EXHIBIT 'C' PORT AVE STREET LIGHT INSTALL- ATION (Sam Rankin to U.S. 181) C£TY COUNCIL EXHIBIT OEP~E~ OF ENGINE~INGSER~C~ PAGE: I of 1 11 AGENDA MEMORANDUM February 15, 2005 SUBJECT: Park CIP Fund - Appropriation of Interest and Miscellaneous Revenue AGENDA ITEM a. Ordinance approP~aling $61,120.14 from unappropriated interest earnings and miscellaneous rever~JeS from Park CIP Fund No. 3280 for miscellaneous change orders and amendments; amending the capital budget adopted by Ordinance No. 025647 by increasing appropriations by $61,120.14; and declaring an emergency. b. Ordinance appropriating $9,994.86 from unappropriated interest earnings and from Park and Recreation 2001 CIP Fund No. 3288 for miscellaneous change orders and amendments; amending the caPital b~.x~:jet adopted by Ordinance No. 025647 by increasing appropriations by $9,994.86; and dectadng an emergency. ISSUE: Park and Recreation CIP Funds have been largely depleted pending the sale of bonds approved during the 2004 Bond Election. There is a continuing need to fund minor expenses associated with existing projects that are being completed. Appropriation of the interest earnings and miscellaneous revenue is needed to pay for minor change orders and contract amendments. FUNDING: Funding is available from the interest eaming and miscellaneous revenue for the two funds. RECOMMENDATION: Approval of the ordinance and motion as presented. cobar, P. E. r of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information H:~H OM E~EVIN S~O E N~AR KS~CIP~pp ropriation Me rn o.doc ADDITIONAL INFORMATION SUBJECT: Park CIP Funds - Appropriation of Interest Earnings and Miscellaneous Revenue BACKGROUND: The City cannot expend income until appropriated bythe Council. Park and Recreation ClP Funds have accrued minor investment and miscellaneous revenue that has not been appropriated. The funds are needed to address minor change orders and amendments that occur on Parks and Recreation projects. The City has completed the 2000 Bond Park and Recreation CIP projects. However, some minor projects are ongoing that have were initiated through the CDBG program. Those projects have a fixed CDBG budget that must be supplemented when minor change orders or other amendments were required. The Ben Garza Sports Pavilion project currently requires such additional funding. Funds are needed for: · award of Change Order No. 2 to Progressive Structures in the amount of $3,700 to clean and prepare the new asphalt court surface with sealant; and · amendment of the testing contract with Fugro Consultants in the amount of $305 for additional testing. Council is not required to approve actions expending $25,000 or less unless funding is not appropriated. Staff is requesting appropriation of all accrued funding for the two funds to facilitate processing of administrative actions associated with Park and Recreation projects. H:~H OM E~KEVlNS~G EN~PARKS~CIP~Ap pro pria [ionB kg Exh.~do¢ Exhibit A Page 1 of 1 ORDINANCE APPROPRIATING $61,120.14 FROM UNAPPROPRIATED INTEREST EARNINGS AND MISCELLANEOUS REVENUES FROM PARK CIP FUND NO. 3280 FOR MISCELLANEOUS CHANGE ORDERS AND AMENDMENTS, AMENDING THE CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 BY INCREASING APPROPRIATIONS BY $61,120.14; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $61,120.14 from unapprepdated interest earnings and miscellaneous revenues from Park CIP Fund No_ 3280 for miscellaneous change orders and amendments. SECTION 2. Amending the Capital Budget adopted by Ordinance No. 025647 by increasing apprepdations by $61,120.14 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 lhe 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 January, 2005. A, I EST: THE CITYOFCORPUSCHRISTI Armando Chapa City Secretary APPROVED: February c~, 2005 .'-~u~e, Jr. ~L~ssistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor Johnl]ttrke~o2OOb'~RDAp~4 Pay~ ~ Rocr~tion Corpus Chdsti, Texas Day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the masons set forth in the emergency clause of the foregoing ordinance an emergency exists requiting 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, Mayer City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott JohnBunke\OrdReso2005\ORDAppm4 Park and Recreation (a) IIa ORDINANCE APPROPRIATING $9,994.86 FROM UNAPPROPRIATED INTEREST EARNINGS AND FROM PARK AND RECREATION 2001 CIP FUND NO. 3288 FOR MISCELLANEOUS CHANGE ORDERS AND AMENDMENTS; AMENDING THE CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025647 BY INCREASING APPROPRIATIONS BY $9,994.86; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $9,994.86 is appropriated from unapppropriated interest eamings and from Park and Recreation 2001 CIP Fund No. 3288 for miscellaneous change orders and amendments. SECTION 2. Amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $9,994_86. 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 affaim 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 January, 2005. ATTEST: THE CITYOFCORPUS CHRISTI Armando Chapa City Secretary APPROVED: February ~ ,2005 (,~ohn P. Burke, Jr. ',~ssistant City Attorney For City Attorney Samuel L. Neal, Jr. Mayor JohnBurke\OrOR~o2005\ORDAppm4 Park and R~mation (b).ll. Corpus Chdsti, Texas Day of .2005 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 t~vo 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, Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott .lolml3urke\OrflRmo20OS~ORDAppm4 P~rk and Rmrmlion (b).lla 12 CITY COUNCIL AGENDA MEMORANDUM February 15, 2005 AGENDA ITEM: Motion authorizing the City of Corpus Christi's proportional contribution of the local share of administrative expenses for regional water plmming activities during FY 2005, required by Senate Bill 1, 75~h Texas Legislature, in accordance with the Interlocal Agreement for Water Planning Activities approved by Motion M98-034, with the City's remaining share according to the formula adopted by the Regional Water Planning Group, to be $44,309.51. ISSUE: Senate Bill 1 in 1997 comprehensively changed Texas water laws. One aspect of the billprovided for a comprehensive long range planning process through the creation of Regional Water Planning Groups (RWPG). With input from Corpus Christi and other entities from this area, the Texas Water Development Board appointed a RWPG for this area. The law required that the RWPG appoint a political subdivision as its administrative representative tn the planning process. In February 1998, the City and the Nueces River Authority (NRA) executed an agreement proposing NRA as the administrative representative. The RWPG subsequently approved NRA. The agreement also anticipated that, pursuant to the statute, an equitable plan would be developed for sharing of costs, which had to be borne locally in order to receive State planning funds. On August 25, 1998, the City Council approved $115,000 for the City's share of local costs for that year (M98-304). Subsequently on August 24, 1999, the Council approved $45,300 in additional funds due to a revision of the formula for participating entities for the period of March 1998 through December 2000 (M99-280). The City's share was $45,529.65 (approved by M2001-140) for 2001. It has remained at $45,309.51 for 2002 through 2005. For 2005, the RWPG has approved $60,000 as the interim budget, which is the same amount as the last four years. Allocation was based on the interim budget divided by 541,184, (the total regional population based on the 2000 census). The resulting per capita cost of$.1109 was then aggregated to political subdivisions on the basis of the actual 2000 population. During the initial planning period, the City agreed to pay on behalf of all the political subdivisions receiving water from the City. Based on the above interim budget and allocation calculation, the City has been allocated $44,309.5 l as their portion of the administrative cost for the interim planning period, which is the san~e amount as 2004. FUNDING: Funds are budgeted in Water Supply Development organization (530000-4010-30230) of the Water Fund for a total available of $44,309.51. RECOMMENDATION: Staff recommends th.~/~e propos~i_otion~be approved. Eduardo Garai'ia, P. E. Water Director Executive CommlUe~: Mr Sc~lBledsoe, III Water D/strk~s Ms. Caro~a Serra~3, Water U~lt~ D~. Patr~ Mr. Bernard 06~e- Mr. Tom Reding, Jr, R/ver Auff~ Coastal Bend Regional Water Planning Group February 1, 2005 6300 Ocean Ddve, Unit 5865, Corpus Christi, Texas 78412.5865 Phone: 361-8:~5-3193; Fax: 361-825-3195 WATER FEB (~ 2 2005 Saundra Thaxton Finance & Resource Management Superintendent, City of Corpus ~lr~ N [ S T RA'[ I 0 t{ P. O. Box 9277 Corpus Christi, TX 78415 Re: 2005 AJIocaticns for AdministraUve Expenses Associated with the Senate Bill 1 Regional Water Planning Program for the Coastal Bend Region Mamboed: Mr. Bill Mr. Ray ~rde~e Ms. Teresa Cardio Env/tonrnenta/ Mr. Billy D~ Indu,~n~ Mr. Pea"son Kndle, Jr. Sma,'t Bc~.~nesses Dear Ms. Thaxton: The Coastal Bend Regional Water Planning Group (Coastal Bend RWPG) is responsible fo*' allocating the administrative expenses aSSociated with updaUng the Senate Bill 1 regional w-ater management plan for the Coastal Bend region. Each political subdivision in the planning region is responsible for their equitable share of The budget for the Coastal Bend RWPG has been approved as $60,000 (for the period of January 1,2004 through December 31,2004). PJIocation was based an the budget divided by 541,184, which is the total regional population based on the 2000 census. The resulting per capita cost of $O.1109 was then aggregated up to the poliUcal subdivisions based an their 2000 census results (see the aUached table). Dudng the initial planning period, the City of Corpus Christi agreed to pay on behalf of all the pol~cel subdivisions receiving water fTo~q the Choke CanyoWLake Coq~us Christi/Lake Texana water supply system. Applying that agreement and based on the budget adopted by the Coastal Bend RWPG an January 13, 2005, the City of Corpus has be~n allocated $44,309.51 as their portion of the adminisb'ative casts [or this interim planning period (see attached invoice). The remainder of the edmin[strative costs are allocated to political subdivisions receiving water [rom sources other than the City of Corpus Christi. For those residents who do not receive water ~rom ane of these political subdivisions (i.e., have Iheir own wells or get service fl'o~ a private or public water supply corporation), the per capita cost is assigned to the County in which they reside. Tho Coastal Bend RWPG has designated the Nueces River Authority as tho political subdivislan responsible for admimstenng this updaUng process. Payment of your cost share may be rem~ed to the Nuecas River Authority at tho above address. If you have any questions, please contact Ms. Rocky Freund at the Coastal Bend Division of the Nuooas River Authority: 361-825-3193. 1:r attenlian Carola Serrat~ Coastal Bond RWPG Attachments to this matter. Coastal Bond RWPG oo 8 ~ 8o8oo~,'88~ 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 15, 2005 AGENDA ITEM: Ordinance governing City elections in 2005, including appointment and compensation of election officials, voting systems, ballot boxes, and central counting station. ISSUE: The attached ordinance establishes various functions and duties for the April 2, 2005 City of Corpus Christi General Election and other City elections that may be scheduled in 2005 as required by the Texas Election Code_ These functions include the appointment and compensation of election officials, voting systems, and designating the Nueces County Courthouse as the sole central counting station for the tabulation of the early vote. REQUIRED COUNCIL ACTION: Staff recommends approval of this ordinance. Attachment: Ordinance City Secretary OR-DINANCE GOVERNING CITY ELECTIONS IN 2005, INCLUDING APPOINTMENT AND COMPENSATION OF ELECTION OFFICIALS, VOTING SYSTEMS, BALLOT BOXE~, AND CENTRAL COUNTING STATION; AND DECLARING AN EMERGENCY. WHEREAS, regular City Council elections are scheduled for April 2005 and other City elections may be scheduled at other times in 2005; and WHEREAS, such elections must be conducted efficiently and in accordance with the Texas Election Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. This ordinance governs all City of Corpus Christi elections during the calendar year 2005. SECTION 2. The Presiding Judges and Alternate Judges specified in the attached and incorporated Exhibit A are appointed pursuant to Texas Election Code, Section 32.005. Each Presiding Judge shall appoint not less than two nor more than five election clerks (with any additional clerks appointed only upon the approval of the City Secretary), one of whom must be the Precinct's Alternate Presiding Judge, pursuant to Texas Election Code, Sections 32.031, 32.032 and 32.033. The City Secretary is authorized in the event of an emergency preventing any of the designated Presiding Judges and Alternate Presiding Judges from being utilized to provide for suitable replacements. SECTION 3. Arturo Chavama is appointed Presiding Judge of the Early Voting Ballot Board pursuant to Texas Election Code, Section 87.002, and Presiding Judge of the Central Counting S ration pursuant to Texas Election Code, Section 127_005. SECTION 4. Armando Chapa, City Secretary is appointed Manager of the Central Counting Station pursuant to Texas Election Code, Section 127.002. SECTION 5. Diana Barrera, Nueces County Clerk is appointed Tabulation Supervisor of the Central Counting Station pursuant to Texas Election Code, Section 127.003. SECTION 6. Lisa Garza, Nueces County Elections and Archives Manager is appointed Assistant to the Tabulation Supervisor pursuant to Texas Election Code, Section 127.004. SECTION 7. City Secretary Armando Chapa is appointed the authority who is responsible for the conduct of City elections including training and is directed to make all necessary arrangements to lawfully conduct elections. SECTION 8. Compensation for persons appointed in or pursuant to this Ordinance is: a Appointments under Sections 2 and 3: Each Presiding Judge and Alternate Presiding Judge must be compensated at $7.00 per hour for services rendered; election clerks who are not City employees must be compensated at $7.00 per hour for services rendered, subject to Texas Election Code, Section 32_091; $25.00 must be paid to election judge or clerk for delivering precinct election records, keys to ballot boxes, or other election equipment, and unused election supplies after the election pursuant to Texas Election Code, Section 32_092; $7.00 must be paid to Presiding Judges, Alternate Judges, early voting clerks and deputy voting clerks for attending one hour of training, pursuant to Texas Election Code, Section 32.112. Overtime must be paid as per Fair Labor Standards Act. Appointments under Section 4 and 7: No additional compensation to City salary. Appointments under Section 5 and 6: No additional compensation to Nueces County salaries. These services are part of services furnished by Nueces County. No additional compensation to City employee salary. Overtime must be paid as per the City Compensation and Classification Policy and the Fair Labor Standards Act. SECTION 9. The electronic voting system approved by the Secretary of State and the United States Department of Justice for Nueces County is adopted for early voting and election day voting. SECTION 10. Sealed ballot boxes must be used in accordance with Chapter 127; Subchapter C, Texas Election Code. SECTION 11. The Nueces County Courthouse is designated as the sole Central Counting Station for early vote tabulation. SECTION 12. If for any reason any sectnon, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgement of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 13. That upon 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 [wo regular meetings so that this ordinance is passed and take effect upon first reading as an emergency measure this the __ day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 15, 2005 City Attorney-- Samuel L. Neal, Jr. Mayor Corpus Christi, Texas __ day of February, 2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the l-oregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor City of Corpus Christi Counctl Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr_ Brent Chesney clavier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott CITY OF CORPUS CHRISTI GENERAL ELECTION - APRIL 2, 2005 A~FACHMENT "A' PRECINCT 1 2 3 4 5 6 7 8 *9 17 18 20 21 24 26 & '16 29 30 32 33 *34 38 39&31 JUDGE Sharon Pope Dorothy Corcoran Robert Andreas Audelia Longoria Annette Gutierrez Barbara Sellers Trini Garcia Pat Beseda Anita Cates Margarita Horak Marie Speer Badoadta Temes Cynthia Holmes Liz Gutierrez Sam C. Dalton Alan Moravits Louella Coleman Cameron Fox Lodia Sally Vdlegas Yolanda M. Landin Ruth Mae Tryon Catherine Hassing ALTERNATE JUDGE Suzanne Cramer Pat RJmar Wayne Hill Leann McCleery Rebecca Guerra Geraldine Woods Angelica Garcia Irene Smith Peggy Bickham James Bixler Susie Smith Esmeralda Martiaez Maria Lawrence Aida A. Lopez Rebecca Bradford Richard Alonzo Peggy Beasley Ruth E. Fox Wilber Villegas Norma Barson Brace Switalla Delia Salazar PRECINCT 40 & '28K 41 43 & 83 44 45 & 46 47 48 49 50 & 59 51 53 56 57 58 62 & 85 63 & 42 65 66 67 68 69 70 & 89 71 72 73 JUDGE Bill Parker Jesse Hix Mary B. Sugarek Rosie Tamez Jean Swenson Laura Castillo Carolyn Moon Andrea Hand William Tare C.E. Ginn, Sr. Luz Muniz Ken Gandy Alicia Garcia Kay Fischer Lydia Guartuche Rene Gu. zman Antoma M. Mereado Mody Boatright Gerald N. Cheetham Sylvia Mireles Michael Posey Rosalinda Rodela Cynthia Vail Joan Veith Viola Van Houten Margie Flora Virginia Ton-es ALTERNATE JUDGE Linda Allen Mary Hemandez Martha Jo Southemwood Debra Kelly Mildred Ashrnore Darryl Comforth Glenn Ellen Dreggors Elma Corkill Lila Huling Mable C. Ginn Gloria Paz Janie An-iaga David O. Dow Andie Estes Daniel Guartuche Totsy Aramdillo Diane Prewitt Frances Boatright William Johnson Tony C. Hartwell Steven Posey Sylvia Hinojosa Betty Hammonds Barbara Kline Adela Soto Valda Jensen Rose Torres PRECINCT 74 75 76 77 & 61 78 79 & 52 80 81 &*19 82 84 86 87 90 91 92 93 94 95 96 97 98 99 100 101 '103 106 '107 & '*23 JUDGE Margaret Palacios Mercedes V. Flores Mary Lou Ga_mia Catherine Walker Yolanda Pantoja John Luna Jose Antonio Lopez Evelyn Kerr Anthony DePhillip Leona Corkill Valerie Voeste Olga Bell Rose Marie Procer Marie L. Vasquez Carolyn Sue Yaldi~ Melba Thompson Ramona Sawyers Maria Guerra Penny Kelley Carlos Valdez Alitano Castro Linda Cavazos Maria Luisa Del Toro Aubrey E. Bryan S abrina Winchester June A. Gilbersleeve J_R. Covington ALTERNATE JUDGE Richard Palacios Rosemary Martinez Toni Govella Sylvia Schwabe Rosario Bynum Amada Luna Yolanda Flores Wm. Kent Kerr Anthony DePhillip Roy Corkill Patricia Clark Virgima Mendez Rebecca Cadriel Ann Marie P~ez Bonnie Iohnson Mary L. Bejamno Priscilla Leal Erin Dezzire Estrada Michelle Smith Minnie Rodriguez Baldo Rodriguez, Jr. Yolanda Carpenter Rodolfo G. Aleman Beatrice Bryan Dan Stoops Mary Ramirez Patricia Covington PRECINCT 109 110 *111 112 113 114 & '15 115&88 116 117 118 119 120 121 122 123 124 125 JUDGE Barbara Dunk Theresa Ross Barbara Behr Wilma Raub Andrew Rodriguez Alma Lee Harris Nancy Stevens Bernadette Baggerly Pamela Allen Merced J. Cardona Mary Saenz W. R. Payne Irene Kubala Jerrold Towle Carmeliha Sharer Carolyn Buntrock Sandy Whitley ALTERNATE JUDGE Sarah Zumga Sarah Ross Ron Molina Ted Raub Manuela Torres G~ ttade Hubbard Janet Reimers Christopher Baggerly Barbara Greger Mary Garcia Belinda Pompa Alfred Hesse Abril Garcia Elia Towle Alice Murphy William Lumry Monette Gregory 14 AGENDA MEMORANDUM February 151 2005 AGENDA ITEM: Motion authodzJng the City Manager to execute a Deferment Agreement ~ Onac Developmen~ Inc., owner and dev~ of The Boardwalk Unit 2 Subdivision in the amount of $1,114,560.32 for public improvements including st~e~ pavement, curb, gutter and skJewalks, sanitary and storm sewe~' lines and wate~ mains to se~'e The Boardwalk Unit 2 Subdivision, in a,:<<~-dance with Ihe Plaffing Ordinance Section V - Required Improvements, Subsec~on A.3. 03). ISSUE: Nixofl Welsh, P.E_, on behalf of Onac Deve~, Inc., owner and developer of The Boardwalk Unit 2 Subdivision submitted De~mTtent Agreement documentation to defer the cor~a~=fion of all, on-site and off-site, public impe:wements for The Boardwalk Unit 2 Subdivision Including stre~ pavement, curb, gutte~ and sidewalks, sanitary and storm sewe~ lines and wate~ mair~ in accorclanc~ wi'd3 the ~ Ordinance, SeclJo~ V~equired Improvements, Subsection A.3. (b). RECKJIRED COUNCIL ACTION: Coundl authorization for I~e City Manager to e~te~ into a deferment agreement witt~ Onac De~, Inc. CONOmON: Deve{oper must post a letter of c~-e~,it or equally liquid nego~able security with Ihe City in the amount of 110% of the __~t_ of the project and comply with all other requimme~ oflhe defen'nent agreement. RECOMMENDATION: Staff recommends approval oflfle motion as pre~l. ve{ly. A.I.C.P. opment Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit O Background Information Area Map Public Improvements Deferment Agreement AGENDA MEMORANDUM ADDITIOHAL BACKGROUND INFORMATION BACKGROUND: The platting and development time schedule of The Boardwalk Unit 2 Subdivision required the construction of all, on-site and off-site, public improvements including the construction of street pavement, cum, gutter and sidewalks, sanitary and storm sewer lines and water mains. Nixon Welsh, P.E., on behalf of Onac Development, Inc., owner and developer of The Boardwalk Unit 2 Subdivision, submitted Deferment Agreement documentation to defer the constnJcfion of required public improvements (Exhibit C) in accordance with the PlatlJng Ordinance Section V-Required Improvements, Subsection A.3.(b). The Planning Commission at the January 26, 2005 meeting recommended the execution of the Deferment Agreement and found reasonable ce[me to delay the requirement to complete 75% of the required infmslnmture to expedite the recordation of the plat. A Deferment Agm,~ment (Exhibit D) between the City of Corpus Chdsfi and Onac Development, Inc., allows the Developer to defer the conslnJction of required public improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved. The deferment of said public improvements will allow the Developer to expedite the recording of the plat and obtain Building Permits for the constTuctJon of the new southside elementary school to be constructed within The Boardwalk Unit 2 Subdivision. The Developer has agreed to deposit $1,114,560.32 as a letter of credit or 110% of the esUmated cost of constructing the required improvements, in compliance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b) (1). ConstrucUon plans for the installation of the public improvements will be reviewed and approved by the City prior to the execution of the Agmc,ment_ RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A J Page I of I Lipes Blvd. AREA HAP BASS AND WELSH EN~N[ERING CORPUS CHRISTI. '[3( COMP. NO. EXB-AMAF JOB NO. 04102 SCALE: AS SHOWN PLOI SCALE.: 1' : 20' PLOT DATE: 12/22/04 SH£E3 1 Of- 1 THE BOARDWALK UNIT 2 AREA MAP CORPUS CHRISTI, TX EXHIBIT B DEFERMENT AGREEMENT STATE OF TEXAS § COUNT'YOF NUECES § This Agreement is entered into between the City of Corpus Christi ("City") and ONAC Developers Inc., ("Developer"), and pertains to deferral of [he improvements required prior to illin9 the final plat of The Boardwalk Unit 2, which was approved by Planning Commission on January 26, 2005, a copy of the plat is attached and incorporated as Exhibit 1. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, of the Plattin9 Ordinance to construct seventy-five percent (75%) of the required on-site and off-site, public improvements, including construction of street pavement, curb, 9utter and sidewalks, sanitary and storm sewer lines and water mains, see Exhibit 2, before the final plat is endorsed by the City's Director of Engineerin9. Detail construction drawings will be provided by the Developer and approved by the City's Depadments of Development Services and Engineering prior to the start of cons[ruction; and WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; and WHEREAS, the Developer has endorsed a letter of credit payable to the City of Corpus Christi in the amount of one million, one hundred fourteen thousand, five hundred and sixty dollars and thidy two cents, (1,114,560.32) which is 110% of the estimated cost of constructing the required improvements, as shown on the attached costs estimate, which is attached and incorporated as Exhibit "3", with the City of Corpus Christi; and WHEREAS, the City Attorney and Director of Finance have approved this transaction; and WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; and WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V, Paragraph A, Subparagraph 3.6) of the Platting Ordinance. NOW, THEREFORE, the City and Developer agree as follows: The City agrees to waive the requirement that required improvements be seventy-five percent (75%) completed before the final plat is endorsed by the City's Director of Engineering and fudher agrees to allow the Developer to defer the completion of the construction of the required improvements, including construction of street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains, for up to lwelve (12) months from the date of this Deferment Agreement. Defermenl Agreement EXHIBIT D The Developer agrees to deposit one million, one hundred fourteen thousand, five hundred and sixty dollars and thirty two cents, (1,114,560.32), in the form of an irrevocable letter of credit issued by Charter Bank, 801 Navigation, Suite100, Corpus Christi, Texas 78408 with the City of Corpus Chdsti, which is 110% of the estimated cost of constructing the required improvements, on or before the plat is filed with the County Clerk, and if the deposit is not made by that time this Agreement shall become null and void. The City's Director o[ Financial Services must approve the i'orm ot the letter ot credil. The Developer agrees to construct the required improvements, including construction of street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to serve The Boardwalk Unit 2 subdivision in accordance with the City's engineering standards in effect at the time ot construction. The principal amount of one million, one hundred fourteen thousand, five hundred and sixty dollars and thirty two cents, (1,114,560.32), shall be placed by the City in an interest-bearing account and the total sum, both principal and interest, shall be made available to the Developer in such amounts and on such dates as may be mutually agreed upon by both parties, by and through their designated representatives, for use by the Developer solely for the construction of the required improvements hereunder. Such funds shall not be used for any other purpose whatsoever. Upon completion o[ the deferred improvements, including the construction of street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to serve The Boardwalk Unit 2 subdivision, by February lli, 2006, or such later time as may be mutually agreed upon by both parties, and upon acceptance of the Project by the City Engineer and upon compliance by the Developer with the terms of the Deferment Agreement, the City Engineer shall immediately release Developer from all obligations hereunder, by mailing such Release Letter to: Onac Development Inc. Mr. Emilo Cano P.O. Box 271201 Corpus Christi, Texas 78427 and thereafter refund to the Developer within sixty (60) days of the completion o1: construction and settlement or' construction contracts, any balance remaining o[ all monies received by the City from the Developer, including interest earned_ 6. If the deferred improvements, have not been completed by February 15, 2006, or if the Developer fails to deposit any increase secudty as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance of the amounts received, including any interest eamed, to the appropriate City fund and the City will then begin completion of the deferred improvements, including construction of the of street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to serve The Boardwalk Unit 2 subdivision with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. I[ City constructs all or any part o[ the improvements, the Developer agrees to reimburse the City for any additional cost o[ the improvements, ii' the sum of money and Deferrne~l Agre~ent. doc interest prove inadequate to complete the improvements, within thidy (30) days after City completes the improvements and bills the Developer. The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the deferred improvements, including construction of the of street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water mains, with related infrastructure the money received by the City from the Developer, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the City Engineer will send Developer and the Project Engineer wdtten notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the improvements, the excess monies, both principal and interest, shall be refunded to Developer within sixty (60) days of the completion of construction and settlement of construction contracts. The Developer agrees that the City, after notice in wdfing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 10 The Developer covenants to construct the required improvements, and that such covenant shall be a covenant running with the land. 11. The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights hereunder with the prior written approval of the other parties. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mall, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted opposite the signature of such party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 14. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 15. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto (Exhibit "4"). Defermenl Agreement 16. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the padies and their respective heirs, successors and assigns. EXECUTED in triplicate this~~''- evelopment Inc. Emilio Cano ("Developer") P.O. Box271201 Corpu~ Chdsti, Texas Emilio Cano, Onac ETevelopment, Inc. STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the ~1 day of Cano. ,2005, by Emilio CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: ARMANDO CHAPA, City Secretary By: George K. Noe City Manager' THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the __ day of ,2005, by George K. Noe, City Manager for the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This ¢,'~ day of ~i~_ ,2005. By: Assi!~qtqt Ci~ ~ttorney ~ ~-' For City ~ltorn~y Deferment Agreemenl CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi O~dinance 17112., as amended, [equires all persons o~ firms s~king to do business with ~ Ci~ to provide the following information. Every question must be answered. If Ere question is nol ap[Hi<able, answer with 'i'~lA'. ~,RM ,^M~_-~..0..~..'~..~,.__~/., . ...... ~..~..~ ~..L.. ~.~.. ~'.~ ....................................................................................... STREET: ........... ..O,~....~...,.~...~.~..~ ............................ CrW: ...... ~...C=._ ........................... Z'":-~..U..~..~. FIRM Is: 1_ Corporatio~ [;~ 2. Partnership [] 3. Sole Owner [] 4. Association [] 5. Other [] .... : ....................................................................................................................................... DISCLOSURE QUESTIONS I! additional space is necessary, please use the reverse side o! this page or attach separate sheet. 1. State th~ nantes of each "employee" o{ the City of Corpus Chr~sl~ having an 'ownership Intm'es[" const~t,,U~ 3% or more of the ownership In the above named "firm". 2. Stale the names ot each "official" o1' the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named '~firm". Name . /~ Title 3. State the names o! each 'boazd membe~ ,31 Ihe City o1' Corpus Chdsli ha',"in9 an 'ownership inb~'est' co~s[itut.lng 3% o~ more o[ the ownership in the above named 'firm'. Name ! ~ Board. Commission or Commttlee :: 7.: ....................................................................................................... ............. · ............................................................................................. 4. State Ihe names of each employee or officer of a "consultant" for the City o! Corpus Christi who worked on any melter relaled Io the subject of this contracl and has an "ownership inlerest" constituting 3% or more ol the ownership In Ihe above named "firm". Name Consultanl CERTIFICATE I cedi~y that all inl~ormation provided is. true and correct as of the date of this staIernent, that I have not knowingly w~thheld disclosure oi' any inl'ormalion requesled; and Ihal supplemenlal stalements will be promptly submitled to the City of ~ ~ rr tPi ~i n; hPi-~:i oTn:: .:i. :~"-~'c~ ~ .:'i. ~':.r:..?... :,~T~ ~-~:2.>._~... Title: ....... /~[~):~ ..................................... Signalure of Certifying Person:Frype ~ F~r>.~.._.__~~~ ................ Date: ........ ~... ~--~"~ ....... ~:...~-- ........................ 15 CITY COUNCIL AGENDA MEMORANDUM February 8, 2005 AGENDA ITEM: Public hearing to consider abandoning and vacating a 1,250-square foot portion ora 10-foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (between S. Port Avenue and Harmon Street). Ordinance abandoning and vacating a 1,250-square foot portion of a 10-foot wide alley right.of-way out of Lots 27-35, Block 5, Steele's Addition (Between S. Port Avenue and Harmon Street); subject to owner's compliance with the specified conditions. ISSUE: Mr. Alfonso Quintero III ("Owner") is requesting to vacate and abandon the alley right--of-way to eliminate a continuous theft problem at his business, and the ongoing use of the alleyway in criminal activities. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of alley right--of-way. Cibj Code requires a public hearing pdor to the vacating and abandonment of any alley right-of-way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ~AICP Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. Alfonso Quintero Ill, owner of Lots 27-35, Block 5, Steele's Addition, is requesting the abandonment and vacation of a 1,250-square foot portion of a 10-foot wide alley right-of- way, out of Lots 27-35, Block 5, Steele's Addition. The alley right-of-way to be abandoned and vacated is located between Harmon Avenue and South Port Avenue and is in a "B-5" Primary Business District. The 10-foot wide alley right-of-way is located between Lots 27-35, Block 5, Steele's Addition. The said portion of the alley right-of-way is being abandoned and vacated to eliminate a continuous theft problem at his business, and the ongoing use of the alleyway by drug users and alcoholics. All public and franchised utilities were contacted regarding this closure request and there were some concerns received by the City Water Department. City Water Department has an existing 2" waterline and water meter within the alley right-of-way and is asking that owner retain the entire alley right-of-way as a utility easement. Owner is to relocate the adjacent property owner's water meter located within the alley right--of-way proposed for closure, at owner's expense. AEP had no objections, but will seek reimbursement by the Permittee if adjustments to their facilities become necessary. None of the other city departments and franchised utility companies had any facilities within the easement or any objections to the alley right-of-way being abandoned and vacated. In accordance with City Code 49-12. (1), closure of this alley section to be acquired by Mr. Alfonso Quintero III, owner of the adjacent property, is not required to pay fair market value. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: January 31, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: February 8, 2005 ORDINANCE CAPTION: a. Pubtic headng to consider abandoning and vacating a 1,250-square foot portion of a 1 O-foot wide alley right- of-way out of Lots 27-35, Block 5, Steele's Addition (between S. Port Avenue and Harmon Street). b. Ordinance abandoning and vacating a 1,250-square foot portion of a 1 O-foot wide alley right-of-way out of Lots 27-35, Block 5, Steele's Addition (Between S. Port Avenue and Harmon Street); subject to owner's compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 2, Page 49, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: I In accordance wit~ City Code 49-12. (1), closure of [his alley section to be acquired by Mr. Alfonso Ouintero III, owner of [he adjacent properb/, [s not required to pay [air market value 2. Owner is to retain the entire alley right-of-way as a utility easement. 3. Owner is to relocate the adjacent property owner's water meter at owner's expense. 4. AEP had no objections, but will seek reimbursement by the Permittee if adjustments to their facilities become necessary. 5. Upon approval from Council and ordinance issued, all grants of alley closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Pdor to Building Permit approval of construction, an up-to-date survey, absb'acted for all easements and items of record, must be submitted to the Director of Development Services. 6. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. BY: CP, Director of Development Services DATE: ~'~-'O~-', Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A t,250-SQUARE FOOT PORTION OF A 10 FOOT WIDE ALLEY RIGHT-OF-WAY, OUT OF LOTS 27-$5, BLOCK 5, STEELE'S ADDITION (BETWEEN S. PORT AND HARMON STREET); SUBJECT TO OWNER'S COMPLIANCE wrrH THE SPECIFIED CONDITIONS. WHEREAS, there is a 1,250-square foot portion of a 10 foot wide alley right-of-way, out of Lots 27-35, Block 5, Steele's Addition (between S. Port and Harmon Street), as recorded in Volume 2, Page 49, Map Records Nueces County, Texas, that the owner, Alfonso Quintero, III, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public headng, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the public right-of-way 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 1,250-square foot portion of a 10 foot wide alley right-of-way, out of Lots 27-35, Block 5, Steele's Addition (between S. Port and Harmon Street), as recorded in Volume 2, Page 49, Map Records Nueces County, Texas, is abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Owner is exempt from payment of the fair market value due to the alley right-of- way being acquired by the abutting property owner, as per Sec. 49-12. 2. Owner is to retain the entire alley ROW as a utility easement. 3. Owner is to relocate the adjacent property owner's water meter at his expense. AEP had no objections but will seek reimbursement if adjustments to their facilities become necessary. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Pdor to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. HATL,EG-DIR~Joscph\ORD-Steele-alley-av.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the Samuel L. Neai, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett day of ,2005, 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 ,2005, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the A'I-rEST: day of ,2005. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved [~ .~..~_,~ By: Assistant City Attorney For City Attorney ,2005 Samuel L. NeaI, Jr. Mayor HSLEG-DIR~Joseph\ORD-Steele-alley-av.doc ALLEY CLOSURE LOTS 27.35, BLOCK 5 STEELE'S ADDITION EXHIBIT C 16 CITY COUNCIL AGENDA MEMORANDUM February 15, 2005 AGENDA ITEM: a. Public hearing to consider abandoning and vacating a 53,492-square foot portion of the Avenue "F" street right-of-way, north o[ E. Navigation Boulevard, from E. Navigation Blvd. to Breakwater Avenue. Ordinance abandoning and vacating a 53,492-square foot portion of the Avenue "F" street dghb-of- way, north of E. Navigation Boulevard, h'om E. Navigation Blvd. to Breakwater Avenue; subject to owner's compliance with the specified conditions. Public headng to consider abandoning and vacating a 16,683-square foot portion of the Texaco Road sa'eet right--of-way, north of E. Navigation Boulevard, between E. NavigaLion Blvd. and Breakwater Avenue. Ordinance abandoning and vacating a 16,683-square foot porbon of the Texaco Road street right- of-way, north of E. Navigation Boulevard, be[ween E. Navigation Blvd. and Breakwater Avenue; subject to owner's compliance with Lhe specified conditions. Public headng to consider abandooing and vacating a portion of E. Navigation Boulevard (3.880 acres), from Sigmor Road to Avenue "F". Ordinance abandoning and vacating a portion of E. Navigation Boulevard (3.880 ao'es), from Sigmor Road to Avenue "F"; subject to owner's compliance with the specified oondith3~s. ISSUE: Port of Corpus Chdsti is requesting the abandonment and vacation of the dedicated public rights-of- way to allow for the installation of secudty gates across Ave. "F", Texaco Rd. and E. Navigation Blvd. in order to fence off and define the secure areas for the docks in the area. REQUIRED COUNCIL ACTION: City Charter requires Council approvaJ to abandon and vacate any podJon of s~'eet rights-of-way. City Code requires a public hearing pdor to vacating and abandoning any slreet rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. · Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Looalion Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Port of Corpus Christi, is requesting the abandonment and vacation of a 53,492-square foot podion of the Avenue "F" right-of-way (ROW), north of E. Navigation Blvd., a 16,683-square toot podion o[ the Texaco Rd., ROW, north of E. Nav~Jatlon Blvd., and a 3.880 acres tract of land out of the E. Navigation Blvd. ROW, from Sigmor Rd. to Ave. "F'. These road sections are within the city limits o[ Corpus Chdsti and extend into Nueces County Jurisdiction. The public street rights.-o[-way to be abandoned and vacated are located in an "1-3" Heavy Indus/rial District. The portion of Ave. "F" to be abandoned and vacated is located nor~ o[ E. Navigation Blvd. between E. Navigation Blvd. and Breakwater Ave~ The portion of Texaco Rd. to be abandoned and vacated is located north o[ E. Navigation Blvd between E. Navigation Blvd. and Breakwater Ave. The portion o[ E Navigation Blvd. to be abandoned and vacated is located between Sigmor Rd. and Ave. "F. The said portions of public rights-of-way are being abandoned and vacated to allow for the installation o~' security gates across Ave. "F", Texaco Rd. and E. Navigation Blvd. in order to [ence off and define the secure areas for the docks in the area. The abandonment and vacation of the street rights-of-way will be implemented in phases to maintain sate traffic movement until Joe Fulton Rd. is constructed. a) A gate opening 26' wide (no closed gate) will be installed a~oss Navigation Bivd. on the east side of the Sigmor Road ROW, to allow for continuous vehicular t~-affic on Navigation Blvd, but will be dosed in the future, when Joe Fulton Road is constructed. b) A fence will be installed with a closed gate across the Navigation Blvd. ROW, east o[ the Texaco Rd. ROW to detour tra['fic le[t on to Texaco Rd. and north to Breakwater. c) A gate opening 26' wide (no closed gate) will be installed across the Texaco Rd. ROW, mid-block between Navigation Blvd. and Breakwater, but will be closed in the future, when Joe Fulton Rd. is constructed. d) A closed gate will be installed across the Ave. "F" ROW, north of Navigation Blvd. This Is where the permanent guardhouse/check point will be located. e) The Navigation Blvd. ROW, east ot the Texaco Rd. Row, will be physically closed with a gate to any vehicular traffic. The Ave. "F" ROW will he physically open, but will become a private road/private drive for the Po~'t of Corpus ChdstJ and will lead up to ~ permanent guardhouse/check point that will be located at the Ave'F" & Navigation Blvd. intersection. Development Services expressed concem that the existing transportation system including this portion o[ Navigation Blvd. and Avenue "F' is the only back-up to the Harbor Bddge. I[ the Harbor Bddge was ever closed [or whatever reason the only altemative traffic route would be to cross the Ship Channel at Tule Lake Lift Bridge via Navigation Blvd., Avenue "F" and Causeway Boulevard to and [rom US 181 at the EXHIBIT A Budeson/Breakers interchange. This route has relatively high volumes of tanker truck traffic destined to and h'om the north shore of the Ship Channel. Trucks also use this route to simply avoid going over steep grade o[ Harbor Bridge When the Joe Fulton International Trade Corridor is constructed and adjoining properties are developed with heavy industries, this linkage would become even more important [or heavy truck trah"ic. By phasing the closures, alternate access will be maintained until Joe Fulton is constructed at which point, Joe Fulton will be the altemate access. MI public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. City Water Department has an existing 12" waterline within the Ave. "F" ROW and a 6" waterline within the Texaco Rd. ROW City Gas Depadment has an existing 4" gas line within the Texaco Rd. ROW, an existing 8" gas line within the E. NavigaLion Blvd. ROW, and an existing 10" gas line within the Ave. "F" ROW SBC has buried cable within the Texaco Rd. and E. Navigation Blvd. street dghts-o[-way. AEP, had no objections, but will seek reimbursement by the Perrnittee if adjustments to their facilities become necessary. City StaCf is requiring that U3e Port of Corpus Chdsti retain the entire right-of-way width of Ave. "F", Texaco Rd. and E. Navigation Boulevard as utility easements because of U'~ existing utili'des located within the three (3) street dghts-ol'-way. Section 49-12, of the City Code of Ordinances requires the Owner to pay the fair market value of $95,675.00 for the abandonment and vacation of the (5.49 a~es) portions of Ave. "F" ($21,397.00), Texaco Rd. ($6,673.00), and E Navigation Rd. ($67,605.00) public rights-of-way. The applicant has been advised and concurs with all the conditions of the public ROW closures. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: February 7, 2005 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Februa~ 15, 2005 ORDINANCE CAPTION: Public headng to consider abar~loning and vacating a 53,492-square foot portion or' Ihe Avenue 'F" sb'eet right-of-w-ay, no¢~ of E. Navigation Boulevard, [rom E. Naviga~don Blvd. to Breakwater Avenue. Ordinance abandoning and vacating a 53,492-square foot portion of the Avenue 'F" street right-of-way, north of E. Navigation Boulevard, from E. Navigation Blvd. to Breakwater Avenue; subject to owner's compliance with the specified conditions. Public hearing to consider abandoning and vacating a 16,683-squaro font portion or' the Texace Road street right-of-way, north of E. Navigation Boulevard, between E. Navigation Blvd. and Breakwater Avenue. Ordinance abandoning and vacalJng a 16,683-square foot portion or' the Texaco Road stJ'eet right-of-way, north of E. Navigation Boulevard, between E. Navigation Blvd. and Breakwater Avenue; subject to owner's compliance with the specified conditions. Public ;-~adng to consider abandoning and vacating a portion or' E, Navigatiee Boulevard (3.880 acres), from Sigmor Road to Avenue "F'. O~'dinance abandoning and vaoa~ng a portion of E. Naviga~don Boulevard (3.880 acres), from Sigmor Road [o Avenue "F'; sub~-~t to owner's compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED tN ORDINANCE: Plat is recorded in Volume A, Pages 30-32, and Volume A, Page 33, of the Map Records of Nueces Counly, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: Sec'don 49-12, of the City Cede of Ordinances requires the Owner to pay the fair market value of $ 95,675.00 for the abandonment and vacation of the (5.49 ac~es) portions of Ave. 'F" ($ 21,397.00), Texaco Rd. ($ 6,673.00), and E. Navigation Rd. ($ 67,605.00) public rights-of-way. City Staff is requiring that the Pod of Corpus Chdsti retain the enlJre rights-of-way width of Ave. "F", Texaco Rd. and E. Navigation Blvd., as utility easements because of the exislJng utilities located within the three (3) slreet rights, of- way. The abandonment and vacelJon of the street rights-of-way will be implemented in phases to maintain safe traffic flow oi' vehicles until Joe Fulton Road is consffucted. Upon approval from Council and ordinance issued, all grants of s~eet cJosures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located, Pdor to Building Permit approval of cons[ruction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director or' Development Ser~ces. Owner must comply with all the specified conditions o1' the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an add~ona1180 days if extenuating circumstances outside the Owner's control necessitate an extension. REQUESTED BY: , Director of Development Services DATE: Approved: Dale: EXHIBIT B ./ LEGEND ~ ~ ~ (PRO~O.~E CLOSUF~E) (~NTY ROAO (PI~O~SE CLOSURE) ~ GRAHT 3 - IHH~ HARBOR $£¢1JR1"1~ Access CO.T.OL SYSTE~ EXHIBIT C LEGEND .... CITY I, JI,IIT LINE ~ 6RANT 3 - INNER HARBOR $£CURITY Access com~oL SYS'rE. ~' ~ LC'C~TION ~ m O~-O~IF-iR EXHIBIT C AN ORDINANCE ABANDONING AND VACATING A 53,492-SQUARE FOOT PORTION OF THE AVENUE F STREET RIGHT-OF-WAY, NORTH OF E. NAVIGATION BLVD., FROM E. NAVIGATION BLVD. TO BREAKWATER AVENUE; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 53,492-square foot portion of the Avenue F street right-of-way, north of E. Navigation Blvd., from E. Navigation Blvd. to Breakwater Avenue, as recorded in Volume A, Pages 30-33, Map Records Nueces County, Texas, that the owner, Port of Corpus Chdsti, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the public right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'rilE CI'FY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 53,492-square foot portion of Avenue F street right-of-way, north of E. Navigation Blvd., from E. Navigation Blvd. to Breakwater Avenue, as recorded in Volume A, Pages 30-33, Map Records Nueces County, Texas, is abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Section 49-12 of the City Code of Ordinances requires the Owner to pay the fair market value o[ $ 21,397.00 for the abandonment and vacation of the portion of Avenue F street right-of-way, north of E. Navigation Blvd., from E. Navigation Blvd. to Breakwater Avenue as described in Section 1 above. City Staff is requiring that the Port of Corpus Christi retain the entire rights-of-way width of Ave. "F", Texaco Rd. and E. Navigation Blvd., as utility easements because of the existing utilities located within the three (3) street rights-of-way. The abandonment and vacation of the street rights-of-way will be implemented in phases to maintain safe traffic flow of vehicles until Joe Fulton Rd. is constructed. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items o[ record, must be submitted to the Director of Development Services. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may C:Uoseph\ORD-AveF-av.doc extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. C:"J oseph\ORD-AveF- av.doc 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 ,2005, 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 ,2005, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scoff PASSED AND APPROVED, this the ATTEST: day of ,2005, CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,.Y~'- ~ ,2005 · 'Mary a~,Fis ~ City ~omey~ Samuel L. Neal, Jr. Mayor C:kloseph\ORD-AveF-av.doc 0 LEGEND ~ ~ ~ (~ ~u~) GRANT 3 - INNER HARBOR SECURITY ACCESS COHIR0t. SYSTE¼ EXHIBIT~ AN ORDINANCE ABANDONING AND VACATING A 16,683-SQUARE FOOT PORTION OF THE TEXACO ROAD STREET RIGHT-OF-WAY, NORTH OF E. NAVIGATION BLVD., BETWEEN E. NAVIGATION BLVD. AND BREAKWATER AVENUE; SUBJECT TO OWNER'S COMPMANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 16,683-square foot podion of the Texaco Road street right-of- way, north of E. Navigation Blvd., between E. Navigation Blvd. and Breakwater Avenue, as recorded in Volume A, Pages 30-33, Map Records Nueces County, Texas, that the owner, Port of Corpus Chdsti, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public headng, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the public right-of-way 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 16,683-square foot portion of the Texaco Road street right-of- way, north of E. Navigation Blvd., between E. Navigation Blvd and Breakwater Avenue, as recorded in Volume A, Pages 30-33, Map Records Nueces County, Texas, (and attached hereto as Exhibit A) is abandoned and vacated for public use as public dght- of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Section 49-12 of the City Code of Ordinances requires the Owner to pay the fair market value of $ 6,673.00 for the abandonment and vacation of the portion of the Texaco Road street right-of-way, north of E. Navigation Blvd., between E. Navigation BIvd and Breakwater Avenue as described in Section I above. City Staff is requiring that the Port o[ Corpus Chdsti retain the entire rights-of-way width of Ave. "F", Texaco Rd. and E. Navigation Blvd., as utility easements because of the existing utilities located within the three (3) street rights-of-way. The abandonment and vacation of the street rights-of-way will be implemented in phases to maintain safe traffic flow of vehicles until Joe Fulton Rd. is constructed. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Pdor to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. C:'xJoseph\ORD-TexacoRd-av doc Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. C:Uoseph\ORD-TexacoRd-av doc 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 ,2005, 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 ,2005, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2005_ CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ~_. ,2005 Ma~l/Kay ~scher City Attorney Samuel L. Neal, Jr. Mayor C:XJoseph\ORD-TexacoRd-av.doc LEGEND C GRANT .S - INNER HARBOR SECURrlY ACCESS CONTROL SYSTEM EXHIBIT~ AN ORDINANCE ABANDONING AND VACATING A PORTION OF E. NAVIGATION BOULEVARD (3.880 ACRES), FROM SIGMOR ROAD TO AVENUE F; SUBJECT TO OWNER'S COMPMANCE wrrH THE SPECIFIED CONDITIONS. WHEREAS, there is a portion of E. Navigation Bivd_, (3.880 acres), from Sigmor Road to Avenue F, as recorded in Volume A, Pages 30-33, Map Records Nueces County, Texas, that the owner, Port of Corpus Christi, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the public right-of-way 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 portion of E. Navigation Blvd., (3.880 acres), from Sigmor Road to Avenue F, as recorded in Volume A, Pages 30-33, Map Records Nueces County, Texas, (and attached hereto as Exhibit A) is abandoned and vacated [or public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Section 49-12 of the City Code of Ordinances requires the Owner to pay the fair market value of $ 67,605.00 for the abandonment and vacation of the portion of E, Navigation Blvd. (3.880 acres), from Sigmor Road to Avenue F as described in Section 1 above. City Staff is requiring that the Port of Corpus Christi retain the entire rights-of-way width of Ave. "F-', Texaco Rd. and E. Navigation Blvd., as utility easements because of the existing utilities located within the three (3) street rights-of-way. The abandonment and vacation of the street rights-of-way will be implemented in phases to maintain safe traffic flow of vehicles until Joe Fulton Rd. is constructed. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Pdor to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 5. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may C:~l'oseph~ORD-ENavig- av.doc extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. C:~loseph\ORD-ENaw g-av.d oc 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 ,2005, 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 ,2005, by the following vote Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the A'I-rEST: day of ,2005. CITY OF CORPUS CHRISTI By: Armando Chapa City Secretary Approved ~'~' ~' ,2005 Mar~/Kay Fi~bher City Attorney Samuel L. Neal, Jr_ Mayor C:kloseph\ORD-ENavig-av.doc LEGEND ~ co~m'~' RC~ (moeo~ ~osu~) GRANT 3 - INNER HARBOR SECURITY ACCESS CONTROL SYSTEU ~ ROADLocA1x~!OLOSUREMAp ~ EXHIBIT 17 CITY COUNCIL AGENDA MEMORANDUM February 15, 2005 AGENDA ITEM: Public headng to consider abandoning and vacating a 42,471-square foot poddon of an undeveloped and unsurfaced 30' wide dedicated public right-of-way out of Lots 12 & 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end portion of the Junior Beck Ddve street right-of-way). Ordinance abandoning and vacating a 42,471-square foot portion of an undeveloped and unsurraced 30' wide dedicated public right-of-way out of Lots 12 & 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end portion of the Junior Beck Ddve street right-of-way); subject to owner's compliance with the specified condi/Jons. ISSUE: Bass & Welsh Engineering, on behalf of the owner, Mr. Armando Ortiz, is requesting the abandonment and vacation of the dedicated public right-of-way to allow for the future development of an industrial subdivision. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public headng prior to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. B.A. Holly, Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Bass & Welsh Engineering, on behalf of the Owner/Developer, Mr. Armando Ortiz, is requesting the abandonment and vacation of a 42,471-square foot portion of an undeveloped and unsurfaced 30' wide dedicated public right-of-way (ROW) out of Lots 12 & 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots. The undeveloped ROW to be abandoned and vacated is located in an "1-2" Light Industrial District. The 30' wide undeveloped ROW is located in Lots 12 & 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end podion of the Junior Beck Drive street right--of-way). The said portion of public ROW is being abandoned and vacated to allow for the future development of an industrial subdivision. The Owner, Mr. Armando Ortiz, desires to offset the referenced undeveloped public ROW by dedicating new street ROW's within the proposed subdivision, The Industrial Technology Park Future Units and Unit 2, subdivision plat. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. AEP does have existing power poles within the portion of public ROW being abandoned and will require that owner retain a 15-foot wide utility easement on the west side of the 30-foot wide ROW, or will seek reimbursement by the Owner if adjustments to their facilities become necessary. The City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Holly, AICP, Director of Development Services DATE: February 7, 2005 TO THE crrY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: February 15, 2005 ORDINANCE CAPTION: Public hearing to consider abandoning and vacating a 42,471-square foot portion o[ an undeveloped and unsurfaced 30' wide dedicated public right-of-way out of Lots 12 & 13, Sec. 5, Range VIII, Gugeeheim and Cohn's Farm Lots (approximately 580-feet southwest of the dead-end por'don of the Junio*' Beck Ddve street right-of-way). Ordinance abandoning and vacating a 42,471-square foot portion of an undeveloped and unsurfaced 30' wide dedicated public right-of-way out of Lots 12 & 13, Sec 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580-feet southwest oi: the dead-end portion of the Junior Beck Drive street right-of-way); subject to owner's compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 53, of the Map Recerds of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: The City Code, Sec. 49-12, eliminates payment of the fair market value wflen an abandoned street is unimproved, as it is in this case. Owner is to retain a 15-foot wide utility easement on the west side of the 30' wide dedicated public right-of-way. AEP, had no objections, but will seek reimbursement by the Owner if adjustments to their facilities · become necessary. Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval o[ construddon, an up-to-date survey, absb'acted [or all easements and items of record, must be submitted to the Director of Development Services. REQUESTED BY: ~CP, Director DATE: oi~ Development Services Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 42,471-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 30 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 12 AND 13, SEC. 5, RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS (APPROXIMATELY 580 FEET SOUTHWEST OF THE DEAD-END PORTION OF THE JUNIOR BECK DRIVE STREET RIGHT-OF-WAY); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, thero is a 42,471-square foot portion of an undeveloped and unsurfaced 30 foot wide dedicated public right-of-way out of Lots 12 and 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 feet southwest of the dead-end portion of the Junior Beck Drive street right-of-way) as recorded in Volume A, Page 6, Map Records Nueces County, Texas, that the owner, Armando Ortiz, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public headng, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the public right-of-way [or 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 42,471-square foot portion of an undeveloped and unsurfaced 30 foot wide dedicated public right-of-way out of Lots 12 and 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 feet southwest of the dead-end of the Junior Beck Drive street right-of-way, as recorded in Volume A, Page 6, Map Records Nueces County, Texas, abandoned and vacated for public use as public right- of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: The City Code, Sec. 49-12 elimates payment of the [air market value when an abandoned street is unimproved as it is in this case. Owner is to retain a 15-foot wide utility easement on the west side of the 30' wide dedicated public right-of-way. 3, AEP, had no objections, but will seek reimbursement by the Owner if a~Jus mtmen~tolh~ir facilit~s becorrre necessary. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records o[ Nueces County, Texas. Prior to Building Permit approval of construction, an up- H:~LEG-DIR'0oseph\ORD GugCohn ay.doc to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five council membem, 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 15th day of February, 2005. AI-TEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved ,2005 Samuel L. NeaI, Jr. Mayor H:~LEG-DIRXJoseph\ORD GugCohn ay,doc Corpus Christi, Texas .day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, Texas For the reasons set forth in the emergency clause ol the [oregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/We, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A, Kinnison Jesse Noyola Mark Scott H:~LEG-DIRUoseph\ORD GugCohn-av.doc LOT 6B, ~I_K 2, INDUSTRIAL TECHN~]LOGY PARK, 60' RDAD RDW S89' ~4' 19' E 3o. oo'--/ N LDCAT IDN MAP LOT 12, SECT 5, RGE VIII LOT 13, SECT 5, RGE VIII N29' 08' 09' W 61, 14' STREET CLOSURE Lots 12 & 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (30' wide dedicated public right.of-way) EXHIBIT C 18 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 2/15/05 ) Case No.: 1204-07: Tim J. Mokrv: A change of zoning from a "R-lB" One-family Dwelling District to aa"B-4' General Business District, being 11.023 acres out of Lots 31 and 32, Section 11, Flour Blufi~ncinal Farm and Garden Tracts, located north and south of Corsica Road and east of South Staples Street. Planning Commission and Staff's Recommendation (1/12/05): Denial of the "B-4" General Business District and in lieu thereof, approval of an "A-l" Apartment House District on Tract 1 and a "B-I" Neighborhood Business Distrct on Tract 2. Requested Council Action: Denial of the "B-4" General Business District and in lieu thereof, approval of an "A-l' Aparl~ent House District on Tract I and a "B-I" Neighborhood Business District on Tract 2 and adoption of the attached ordinance. Put, Dose of Request: To rezone property to a "B-4" General Business District. Summary: The applicant is requesting a change of zoning to "B4" General Business District for futttre development which will not exceed "B-4" District requirements -- no specific plans of development have been submitted by applicant. The subject property is located within the Southside Area Developrramt Plan area. The future land use map recommends medium density residential use along South Staples Street for a depth of approximately 400 feet along Corsica Road and U'aditional neighborhood use on the middle and eastern portions of subject property. The adjacent property to the south is zoned "B-4" General Business Distrct in proximity to the signalized intersection of South Staples S~eet and Lipes Boulevard, a designated through collector sU'eet. Zoning the subject property to "B4" Distrct would set for a precedent strip commercial zoning along South Staples Street, rather than limiting commercial zoning at signalized intersections (e.g.: Lipes Boulevard, Timbergate Drive, etc.) as recommended in the future land use plan. The proposed "B-4" General Business District, if developed with commercial uses, would double the traffic and generate a minimum of 2,500 average daily trips. If the property is zoned as recommended by the future land use map, medium density residential and traditional neighborhood uses, the site would generate a maximum of 1,020 average daily trips. The rezoning of the front and rear portions of the subject property to a "B-I" Neighborhood Business Distrct and a "A-I" Apartment House District respectively offered by the applicant minimizes the traffic impact on South Staples and subject streets. Agenda Memorandum Case No. 12044)7 (Tim J. Mokry) Page 2 The projected traffic generated by commercial uses allowed by the requested zoning change (2,500 A.D.T.) can be accommodated by Corsica Road, a two-lane, local collector street, and South Staples Street, a designated urban arterial street. However, because Corsica Road "tees" into South Staples Street (770 feet north of the Lipes Boulevard signal), future signalization at Corsica Road and South Staples Street would be unlikely. This unsignalized intersection would create traffic congestion to txaffic exiting Corsica Road by vehicles attempting to make left tums onto Staples Street. In addition, the precedent setting nature of the "strip" commercial development would further congest South Staples Street all along its fi-ontage. New TX DOT driveway policies along state highways would not permit any driveways from the subject property onto South Staples Street, forcing all commercial traffic onto Corsica Road. Also, the developing neighborhoods to the east would use Corsica Road to gain access to and from South Staples Street. · The demand for water/wastewater service of the proposed commercial use is projected at 9,200 gallons per day with a solid waste demand of 1,000 pounds per day. Al~l~iicant's Position: The applicant concurs with Planning Cornmassion and Staff's recommendation. Notification: Of the 45 notices mailed to the surrounding property owners, 4 were returned in favor and 4 in opposition. The 20% rule is not invoked. This case is considered noncontroversial. MGFFGM/ca Attachments: 1) Zoning Report 2) Planning Comrmssion Minutes 3) Ordinance Micha{l N. Gunning, AICP ~[ Assistant Director of Development Services H:XP LN-DIR~HARE D~C HI,IS TA L\WORD~AGEN DM EM~(g)5\ 12044)7AGEN DAMEM O.doc CTTY COUNCI'L ZONI'NG REPORT Case No.: 1204-07 Planning Commission Hearing Date: January 12, 2005 Applicant: Tim J. Mokr'y ,_, Owner: Tim J. Mokry ~:a~ .'~.m Agent: Cobb-Lundquist Realtors, Inc. ~.~ ~' Being 11.023 acres out of Lots 31 and 32, Sectionl 1, Flour Bluff I egal Description/Location: m ~ and Encinal Farm and Garden Tracts located on the east side of South Staples Street on both sides of Corsica Road. From: "R-lB" One-Family Dwelling District To: "B4" General Business District Area: 11.023 acres Purpose of Request: To rezone property "BM" General Business District no specific plans of development have not been submitted by the applicant. Site Zoning "R-lB" One-family Dwelling District Existing Land Use Undeveloped North "R-lB" One-family Dwelling Undeveloped District South East "BM" General Business District at South Staples Street and Lipes Boulevard and "R 1-C" One-family Dwelling District to east "R-lB" One-family Dwelling District "R- 1 B" One-family Dwelling District Neighborhood business uses at South Staples Street and Lipes Boulevard, low density residential to east and medium-density residential between business uses and low density residential uses Undeveloped and numerous single family residences under construction Undeveloped Future Land Use Medtum density residential along South Staples SWeet and traditional neighborhood uses along middle and rear portions of subject property Medium density residential along South Staples S~'eet and low-density residential to east Commercial in vicinity of intersection of South Staples Street and Lipes Boulevard and low density residential to the east of commercial Traditional Neighborhood uses Traditional Neighborhood rises Zoning Report Case No. 1204437 (Tim J. Mokry) Page 2 Area Development Plan: The requested "B-4" General Commercial District is inconsistent with the Southside ADP future land use plan which recommends medium density residential use along South Staples Street and traditional neighborhood use on the middle and rear portions of subject property. Map No.: 045032 and 44032 Zoning Violations: None The applicant is requesting a change of zoning to "B-4" General Business District for future development which will not exceed "B4" District requirements - no specific plans of development have been submitted by applicant. The subject property is located within the Southside Area Development Plan area. The future land use map recommends medium density residential use along South Staples Street for a depth of approximately 400 feet along Corsica Road and traditional neighborhood use on the middle and eastern portions of subject property. The adjacent property to the south is zoned "B4" General Business District in proximity to the signalized intersection of South Staples Street and Lipes Boulevard, a designated through collector street. Zoning the subjent property to "B-4" District would set for a precedent slrip commercial zoning along South Staples Street, rather than limiting commercial zoning at signalized intersections (e.g.: Lipes Boulevard, Timbergate Drive, etc.) as recommended in the future land use plan. The proposed "B-4" General Business District, if developed with commercial uses, would double the traffic and generate a minimum of 2,500 average daily trips. If the property is zoned as recommended by the furore land use map, medium density residential and traditional neighborhood uses, the site would generate a maximum of 1,020 average daily trips. The rezoning of the front and rear portions of the subject property to a "B-I" Neighborhood Business D/strict and a "A-I" Apartment House District respectively offered by the applicant minimizes the traffic impact on South Staples and subject strect~. The projected traffic generated by commercial uses allowed by the requested zoning change (2,500 A.D.T.) can be accommodated by Corsica Road, a two-lane, local collector street, and South Staples Street, a designated urban arterial street. However, because Corsica Road "tees" into South Staples Street (770 feet north of the Lipes Boulevard signal), future signalization at Corsica Road and South Staples Street would be unlikely. This unsignalized intersection would create traffic congestion to traffic exiting Corsica Road by vehicles attempting to make left tums onto Staples Street. In addition, the precedent setting nature of the "strip" commercial development would further congest South Staples Street all along its frontage. New TxDOT driveway policies along state highways would not pcrrnit any driveways from the subject property onto South Staples Street, forcing all commercial traffic onto Corsica Road. Also, the developing neighborhoods to the east would use Corsica Road to gain access to and from South Staples Street. · he demand for waterAvastewater sermce of the proposed commercial use is projected at 9,200 gallons per day with a solid waste demand of 1,000 pounds per day. H;~PLN DIRX. SHARED\CHRISTAL\WORD~ZONRPTSL2004\1204-07CCReport doc Zoning Report Case No. 1204-07 (Tim J. Mokry) Page 3 Street Type Paved Section Volume (2001) Lipes Boulevard Urban Collector 75' ROW w/two 12.5 foot 4,099 A.D.T. South Staples Street Urban Arterial wide travel lanes on urban collector w/50'paved section Planned - 75' ROW w/four 12.5 foot wide lravel lanes on through urban collector w/ 50' Bk. to Bk. 100' ROW w/four 12.5 foot wide travel lanes and one 14' wide center tum lane w/64' Bk. to Bk. paved section Planned - Same 20,510 A.D.T. A plat of the subject property will be required prior to development. The Southside Area Development Plan future land use map recommends the property to develop as medium density residential use along South Staples Street and traditional neighborhood use on ~ i the middle and rear portions of subject property- The proposed "B4" General Business District is not an appropriate use at this lo~ation. Allowing general and neighborhood commercial uses on this site will set a precedent to strip the remaining portions of South Staples Street with commercial uses resulting in more traffic congestion sirmlar to that at South Staples S~'eet and Williams Drive. Denial of the "B-4" General Business Dislrict and in lieu thereof, approval of an "A-I" Apartment House District on Tract l and a "B-I" Neighborhood Business District on Tract 2. Denial of the "B4" General Business District and in lieu thereof, approval of an "A-I" Apmtment House District on Tract 1 and a "B-I" Neighborhood Business District on Tract 2. H 5p LN -D IRX~ HA RED~CHRiSTA L\WO RD~ON RPTSX2004\ 1204~)7( C Report doc Zoning Report Case No. 1204-07 (Tim J, Mokry) Page 4 Number of Notices Mailed-- Favor-- 4 Opposition- 4 (As of January l3, 2005) 45 Attachment: Zoning Map Future Land Use Map Recommendation Map H :~P LN-D [R~S HARED~CHRIS TA L\WO RD~ZON RP TS~2004\12044~7CCReport.doc R-lB R-1 SUBJECT P~EL~~ B-4 NORTH NORTH / / I Value Bank I Snappy Mart IECT PAR~ B-4 ~n Marin Al:)a~bnents I L~v D~sity Res. M~:I De~ Re~. High D~#y Vacant I C~nme~ial I I ~ma~e Corddor NORTH Planning Commission Minutes January 12, 2005 1204-07 - Tim J. Mokr'y Request: Change of zoning from "R-lB" One-family Dwelling District to "B-4" General Business Dislrict, resulting in a change of land use from low density residential to general business. Excerpts from Zoning Report Legal Description/Location: Being 11.023 acres out of Lots 31 and 32, Section I 1, Flour Bluff and Encinal Farm and Garden Tracts located on the east side of South Staples Street on both sides of Corsica Road Area Development Plan: The requested "B-4" General Commercial District is inconsistent with the Southside ADP future land use plan which recommends medium density residential use along South Staples Street and traditional neighborhood use on the middle and rear portions of subject property. Department Comments: The proposed "B-4 " General Business District is not an appropriate use at this location. Allowing general and neighborhood commercial u~es on this site will set a precedent to strip the remaining portionx of South Staples Street with commercial uses resulting in more traffic congestion simdar to that at South Staples Street and Williams Drive. Staff Recommendation: Denial of the "B-4" General Business District and in lieu thereof approval of "A-1 "Multiple Dwelling District for the front 400feet of subject property and retain the "R- IB "One-Family Dwelling District to the east. Staff feels that this development pattern is consistent with the future land use plan and much more protective of the ultimate carrying capactty of South Staples Street. Mr. Mic Raasch, City Planner, prov/ded graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were 45 notices mailed. Two responses were received in favor and four in opposition. There was discussion about the amount of traffic generated with "B-4" District versus "B-I" Dislrict. There is 258 foot of fi-ontage along each parcel on Staples Street and due to the proximity of the intersection of Corsica Road and South Staples Street, no driveway would be allowed onto South Staples Street in accordance with TxDOT's new Access Management Regulations. The new standards have been in place since June, 2004. Mrs. Barbara Holly, Director of Development Services, stated that TxDOT would be making a presentation to the Planning Commission on January 26, 2005. Mr. Braselton stated concerns with the proposed "A-1" zoning for the front of the property. It is not a big tract of land. It should have some sort of business use. He did not think the recommended "A- l'' was a practical solution to the problem. Neighbors of the subject property are zoned commercial. Mr. Raasch stated that if the property is zoned commercial, it would set precedence for more commercial zoning along Staples Street which is inconsistent with the adopted future land use plan. In response to Chairman Berlanga's question, TxlX)T's access placement is determined by the distance of the frontage in proximity to street intersections. Planning CornnUssionMinutes January 12, 2005 Case No. 1204-07 (Tim J. Mokry) Page 2 Mrs. Mary Frances Teniente, Assistant Director of Development Services, explained that TxDot has a certain distance requirement from the adjacent driveway that is akeady in place. They are trying to reduce the number of driveways that access the fight of way (R.O.W) along state highways. They would typically see where the other driveway is located even if it has nothing to do with the proposed development. Their intention is to route thc traffic generated by the proposed development to thc side street. Mrs. Holly stated Mr. Raa~ch is giving the general overview from TxDOT. This is s~ff's best estimate of what TxDOT would do compared to what has been done m similar situations. The applicant has not applied for a driveway pcmfit yet which is when the question is asked and answered. Mrs. Holly added it is most likely for TxDOT to want to funnel traffic through side streets if they can to allow their state kighway to function without having turning movements which slow down their roadway. Mr. Pusley confirmed this case was tabled so the applicant could meet with staff on outstanding issues. The applicant declined to meet with staff.and requested to move forward. Pusley also confirmed the applicant was o.k. with having no access to Staples S~'ect. Pushiy had concerns that the applicant request "B-4" zoning with no specific plans for development. He thought "R-lB" zoning was appropriate for the rear of the property. In response to Mr. Stone's question, Mrs. Holly stated the comprehensive plan calls for the congregation of commercial development at intersections, like Moore Plaza. It is preferred to not have ship commercial development down the street. There could be other uses that don't have direct access to the highway, such as apartments. This location, not being at a major intersection, was showing something other than commercial on the Comprehensive Plan. The public hearing was opened. Mr. Ralph Cobb, President of Cobb Lundquist Realtors came forward and stated the property was primed and ready for commercial development. One reason this street was chosen because the streets on etther side have no turning lanes. Corsica has turning lanes which make it practical for commercial development. There are no other streets going south that will adequately sermce commercial development. The area is running out of available business zoning. Mr. Cobb stated they had sold one tract on Staples Street to a dentist who would like business zoning. Mr. Cobb gave a history of the development and zoning of the area. He stated he would like to have the entire 11 acres zoned "B4" Chatrrnan Berlanga asked how it affects the applicant by not having access to Staples Street. Mr. Cobb stated they could have deeper lots and work off of Corsica and have safe access. In response to Mr. Stone's question, Mr. Cobb stated they had no plans for the property yet. They wanted to get the zoning in place and then develop a plan. Mr. Cobb did not think staff's recommendation of"A-l" for the front of the property was the best use, but it was acceptable if two- thirds of the property were zoned commercial. Plmming Commission Minutes January 12, 2005 Case No. 1204-07 (Tim J. Mokry) Page 3 Mr. Gunning stated the Department was trying to accomplish a better configuration and mix between commercial and residential zoning. Staffis willing to work with the developer to come up with a zoning configuration that makes sense, but not a straight "B4' District. Mr. Cobb stated they could accept "A- 1" District in the back to soften it with the abutting residential. Cobb stated he would like to have 600 feet orB-1' and 327 feet of"A-l", which was agreed to by Mr. Gunning. Ms. Mims stated this turns Corsica Road into an arterial street rather than a local collector. Mr. Gunning stated there were no specific plans for development. When the plans are submitted staffwill work with them on how to best set up the driveways. The ideal access would be off of Staples. Staff will have a better understanding of the new Access Management Regulations after the presentation from TxDOT. Mr. Cobb stated they would be represented at the meeting with TxDOT. Mr. Cobb stated Corsica Road was wider than residential slxeets and he could work off of it if he had to. Berlanga asked what the width of Corsica Road needs to be with "B-1" zoning. Ms. Teniente stated that 40 feet at the intersection will provide for a two lane approach from Corsica onto Staples with one lane inbound. The 40 foot back to back typically provides one lane and a parking lane on each side. Parking on the street may need to be restricted near Staples Street to accommodate a left hand mm lane. Mr. Gurmmg stated Corsica is a 60 foot R.O.W. w/th 40 foot pavement width. It does have the capacity to handle additional traffic from the development. Mr. Wayne Lundquist, 700 Everhart, stated when property owners in Corpus Christi hear about TxDOT's new regulations, there will be an outcry. This is simply condemnation w/thout compensation. Only one percent of residents are aware of the new regulations. Every state highway will be affected and it will be bad. He plans to have a lot of people at TxDOT's presentation to ask questions A motion was made by Pusley and seconded by Sa!a?ar to deny the requested "B4" and in lieu of recommend approval of "B-1" on the front 618 feet and "A-1" on the rear 309 feet. The motion passed unanimously with Amsler being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY TIM J. MOKRY BY CHANGING THE ZONING MAP IN REFERENCE TO 11.023 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, LOTS 31 AND 32 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO TRACT 1- "A-I" APARTMENT HOUSE DISTRICT AND TRACT-2"B-1" 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 Tim J. Mokry for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 12, 2005, during a meeting of the Planning Commission, and on Tuesday, February 15, 2005 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 11.023 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 31 and 32 from "R-1B" One-family Dwelling District to Tract -1 "A-l" Apartment House District and Tract 2 - "B-I" Neighborhood Business District; located on the north and south sides of Corsica Road and east of South Staples Street, as shown on the attached Exhibit. (Map 044032 and 045032) 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. 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 Chdsti. 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 15~ day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph' H / ney ?/--6 Assistant City Attorney For City Attorney 2005 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR~oseph~Zoning-05\1204 07AIterna[ive doc Page 3 of 3 Corpus Chdsti, Texas day of ,2005 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 DIR~Joseph~oning~5\1204-07Alternative doc 82/84/2885 17:57 (361)85~-3101 3618263006 CITY OF C.C, DEV SER URBAN ENGINEERIN J P O. BOX 6,355 · CC3¢~/:>U$ CHRISt1, TEXAS 7B,46~-63&5 Re-Zoning January ]3, 2005 Job No. 15SS2.A3.02 FAX (361 )~54~60~1 State of Tex~ County of Nueees Field Notes for the m-zoning of a 3.670 acre tract of land (not based on an on-the-ground survey) out of Lots 31 and 32, Section 11, Flour Bluff and Encinal Farm and Garden Tract.% a map &which is rec. ord~d i~ Volume A, Pages 41-43, Map Records of Nueees County, Texa~; said 3.670 acre tract of'In.nd being more fully described by metes and bounds as follows: Beginning al the intersection of the .~uthcast boundary of South Staples Street, a 10g.00 foot wide public roadway, and the northeast boundary of Corsica Road, a 60.00 foot wide publiG roadway, as shown on map of Barclay Grove Unit 9, which is recocded in Volume 63, Pgs. 116- I 18, Map Records of Nuee~s County, Tcxa& for the we~t comer of this tyact; Thence, North 2tP'ST30" East, along the south~-t boundary of said South Staples Sra-eet, ~amc being the northwest boundary of this tract, a dislance of 258.43 fat to thc north cornmr of this tract; Thence, South 61°0fi'25'' .lEast, along the north boundary of this tzact, at 610.00 fe~t pass thc common boundary of said Lots 31 and 32, in all a tot2fl distance of 618.00 feet for the ease comer o~'thts tract; Thence, South 28°.q7'30'' West, a distance of 258.96 £~et to a point on the northeast boundary of said Corsica Road, for the south comer of this tracL Thence, North 61°0290" West, along th~ northeast boundary of said Corsica Road, at 8.00 feel pass the common boundary &said Lots 31 and 32, in all a total distance of 6l 8.00 feet to th~ .Point of Beginrdng and eontainla8 3.670 acres of land. Bearing~ bas~l on lh~ southeast right-of-way of South Slaples St-met, ns monumented on the ground and shown a, North 28'57'30" East, on thc recorded plat of Barclay Grove Unit 1. a map of which is r~corded in Volume 56, Pages 62--63, Map Records of Nueees County, Unles~ this Field No{es Descriptions, including preamble, seal and signattue, appears tn its original form, surveyor assumes no responsibility or liability for its accuracy. Urban Engine~ rinl~ CJ:¥~--O L~cens 2725 SWANTNER DR · CORPUS CHRiSTi. TEXAS $:~Sur't,,:ylng\15552-A302g~302\FN3.670 Ac.i'm(loc mail@urbaneng.com lZ:b7 361B263006 CITY OF C.C. DEV SER PAGE 03/B~ 02/B4/2005 ~7:57 (361 ) ~.'.'.'~-3101 361B263006 CITY OF C.C. DEV ~ ENGINEERING P.O. 8C)X 635.5 ,, CORPUS CHr~I~TI. TEXAS 71~466-.6.355 P~ 04/09 Januar'yl~,~O05 Job FAX (361)854-6001 Re-:Z, Oqln ~ Stit~ of Texas County of Nueces Field Notes for thc re-zoning ufa 3,673 acre Iracl of land (not based on an on-the-ground survey) out of Lots 3 ] and 32, Section 11, Flour Bluff and EnclmaI Farm and Garden Tracts, a map of which is r~cord~d in Volume A, Page~ 41-43, Map Records of Nueces County, Text; said 3.673 acre Itact o£ land bring more fully described by metes and bounds as follows: Beginning at a point on the southeast boundary 0f South Staples Six, et (F JrL Road 2d d d), a ] 00 foot wide public roadway, for tJ~ north corner of Lot l, Block 1, Barclay Grove Unit 1, a map of which, is recorded in Volume 56, Pages 62-63, Map Records of Nueces County, Text, for the west comer oft.his tract; Thence-. North 28057'30" East, along the southeast b~u/]daty of aa~d South Staple~ Str~mt, .~'ne being tbe ncn~wast boundary of this tract, a distancm of 258.78 fe~t to the ~'mrs~tion of ~ southeast botm'~lary of said South Stapl~ SWeet, and the southwest boundary of Co~iea I~oad, a 60.00 foot wide public roadway, for ~e north comet of this tract; Thence, South 61°02'30" East~ along the southw¢~, boundary of said Corsica Road, at 610,00 feet pass the common bonodery of said Lots 31 and 32, in all a total distance of618.00 fe~t for the east comer of this tract; Thence, South 28°57~30" West, a distanee of 259.06 f~"t to a point on ~e n~ ~d~ of ~lay ~ve Unit 5, a map of which is ~rd~ ~ Vo~ 61~ Pag~ I4-15, Map R~rds of Nu~es Co~, T~, for ~e ~u~ com~ of~s ~; Thence, Nor~ 61%0~50" We~ along the north boundary of said Bax~lay Grove Unit 5, Barclay Townhomes, a map of which is recorded in Volume 56, Page 121, Map Records of' Nucc~s Cotmty, Texas, and said Barclay Grove Unit I, same b~i~g the south boundary of this trac~ at 8.0 f~-t pass the common boundary of said Lots 31 and 32, in all a total dJsta/lc.e of 61 $,00 fe~t to the Point o£BegJm~J~g and containing 3.673 acres of land. Bearings based on recorded plat of Barclay Grove Unit 9, a map of which is r~orded in Volume 63, Pages l 16-1 [ 8, Map Rmords of Nuea:es County, Texa& Unless this Field Notes D~scripti0n, including preamble, seal and signature, appears in accm-acy. original fo~, su~e~r ~es no ~~W for J~ UZ/U~2bUb 1/:57 B61~263~06 CITY OF C.C. DEV SER PAGE 05/09 02/04/2805 17:57 3618263006 CITY OF C.C~ DE~ SER PAGE 06/09 (36 I)854-3101 Re-ZoninR State of Texas County of Nueces Field Not~ for the re-zoning of a 1.1139 acre tract of land (not based on an on- the-ground survey) out of Lot 3 I, Section 11, Flour Bluffand Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records o£Nnecv~s County, Texas, said 1.839 acres being more fully described by metes and bounds as follows: Beg/nnlng at a point on the northeast boundary of Coxaiea Road, a 60.00 foot wide public roadway, for the west comer of Lot 40, Block 2, Barclay Grove Unit 9, a map of which is recorded in Volume 63, Pag~ I 16-118, Map Records of Nuec~s County. Texas, same being the south comer of this tract; Thence, North 61 °02'30" West, along the northeast boundary of said Corsica Road, a distance of 309.25 feet to the west comer of this tract; Thence, North 28°57'30'' Earl a distance of 258.96 feet to thc north comer of this tract; Thence, South 61°05'25" East, a dis'lance of 309.25 feet the north comer of Lot 37, smd Block 2, same being the east comer of this tract; Theuee~ South 25°57'30TM Wast, along thc northwest boundary of said Block 2, a distance of 259.22 feet to the Point of Beginning and eOnm/ning 1.839 acres of land. Bearings are base-on the recorded plat of Barclay Grove Unit 9, a map of whi.ch is recorded in Volume 63, Pages 116-118, Map Records of Nueces County, Texas. Uales~ ti:tis Fieldnot~ Description. including preamble, seal and signature, appears in its entirety, in it3 original form mrveyor assumes no r*sponsibility for its accuracy. Urban Engineering 2725 SWANTN[R DR ,. CORPUS CHR~STr, TEXAS 7840fl S:~Su r~yi. g\ 1 $ 552-A302L&:~ 02~'108,t 9 A ~"~,docm ail@ urbo r~em g com Dan L. Urban, ILP.L.S. License No. 4710 page I of 1 02/84/2~05 17:57 3618263006 CITY OF C.C. DEV SE~ PAGE 07/09 02/04/2005 17:57 [361)~54-3101 3618263006 CITY OF C.C. DEV ~ URBAN ENGINEERIN o P,O ~OX 6355 * CORPUS GHRISffl, TEXAS 78466-6355 Re-ZoninE P~SE: 00/0c3 January 13, 2005 Job bin. 15552.A3.1Y~ FAX (361)854~0Cll State of Count], of Nuece~ Field Note~ for a 1 .g40 acm tract of land (not based on an on-the ground survey) out of Lot 31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recovJed in Volume A, Pages 41-43, Map Records of Nueces County, Texas, said 1.840 acres being more fully descr~oed by metes and bounds as follows: Beginning at a point on the southwest boundary of Corsica Road, a 60.00 foot wid~ public roadway, for the north corner of Lot 20, Block I, Barclay Grove Un.it 9, a map ofwh.ich is recorded in Volume 63, Pages 116-118, Map Records ofNueces C~unty, Texas, ~arne being the ca.st corner oft.his u-aa; Thence, South 28°57'30'' West, along the west boundary of said Barclay Grove Uu~: 9, a distance of 259.21 feet to a potnt on the northeast boundary of B~rclay Grove Unit 5, a map of which is recorded in Volume 6 I, Pages 14-15, Map Records of Nueces County, Texas, said point beilag the west comer of Lot 18, said Block I, and the south corner of this tract; Thence, North 61'0050" West, along thc northea.~t boundary of sMd Barclay Grove 'Unit 5, n distnnce of 309.25 feet to the west corner o£this tract Thence., North 28°57'30'' E~st, a distance of 259.06 feet to a point on the southwest boundary of said Corsica Road, for the north comer of this tract; Thence, South 61 °02'30" East, along the soulhwest boundary of said Corsica Road, di~ance of 309.25 f~t to the Point of Beginning and containing l.g40 acres. Bearings are based on the rcvx)rded plat of Bm'clay Grove Unit 9, a map of which is _ recorded in Volume 63, Pages 116-] 18, Map Records of Nueces County, Texas. Unless this Fieldnotes DescriF~ion, including preamble, seal and signature, appears in its entirely, in its original form, surveyor assumes no r~;ponsibility for its accuracy. ' 272.5 SWANTNER DR, · CORPUS CHRISTI, TEXAS 02/04/2005 17:57 361826B00~ CITY ~ C.C. ~V S~ PAGE I ~.~ e~ 9L~ 19 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 2/15/05) Case No.: 0105-01: Mostaghasi Investment: A change of zoning from an "A-I" Apartment House DisU-ict to a "R-lC" One family Dwelling DisWict on 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10 and 11, located north of Jessica Drive and New Bedford Street. Planning Commission and Staff's Recommendation (1/12/05); Approval. Reouested Council Action: Approval of the "R-lC" One-family Dwelling District and adoption of the attached ordinance. Purpose of Request: Development of a 65-1ot single-family subdivision. Summary: · The applicant has requested a change of zoning from an "A-I" Apartment House District to an "R-lC" One-family Dwelling District to develop a 65-1ot single-family subdivision on 11.91 acres. · Minimum lot area permitted in the "R-1C" District is 4,500 square feet with a minimum lot width of 45 feet. · Primary access for the property is planned along the extension of New Bedford Street, a collector and Jessica Drive, a local street. · The proposed "R-1C" District development would generate 650 average daily hips along the future roadways of the subdivision. · There are drainage issues associated with this tract that need to be resolved at the time of platting. · Water/wastewater demand is estimated at 22,750 gallons per day with a solid waste demand of 578 lbs. daily. · The "R-lC" Disthct offers traditional neighborhood residential development that is supported by the Southside Comprehensive Plan's future land use map. Applicant's Position: The applicant concurs with Planning comrrassion and Staff's recommendation. Notification: Of the 42 notices mailed to the surrounding property owners, 2 were returned in favor and I in opposition. The 20% rule is not invoked. This case is considered noncontroversial, t Michfiel N. G ' g, AICP Assistant Director of Development Sermces MG/FGM/ca Attachments: 1 ) Zoning Report 2) Planning Cormmssion Minutes 3) Ordinance Zoning Report Case No. 0105-01 (Mostaghasi Investment) Page 2 CITY COUNCIL ZONING REPORT Case No.: 0105-01 Planning Commission Hearing Date: January 12, 2005 Applicant: Mostaghasi Investments Owner: Same as applicant Agent: Samantha Long Legal Description/Location: Being l 1.91 acres out of Flour Bluff and Encinal Farm end Gaxden Tracts, Section 11, Lots 6, 7, 10 and l 1, located north of Jessica Drive and New Bedford Street. From: "A-I" Apartment House District To: "R-lC" One-family Dwelling District Area: 11.91 acres Purpose of Request: Development of a 65-1ot single-family subdivision  Zoning Site "A-1" Apartment House District ~ North "A-2" Apartment House Dis ct ~o ~ South "R-lB" One-family Dwelling tN Dis~ct ~ East "R-lB" One-family Dwelling · ~ Dislxict ..~ ~ West "R-lB" One-family Dwelling m District Existing Land Use Undeveloped land Undeveloped land Low-density residential Low-density residential Low-density residential Future Land Use Multi-family residential Multi-family residential Traditional neighborhood residential Traditional neighborhood restdentiM Traditional neighborhood residential Area Development Plan: Southside- The future land use map supports the "R-lC" District that allows for Iradihonal neighborhood residential as a standard single family subdivision, Map No.: 043032 Zoning Violations: None Zoning Repo~ Case No. 0105-01(MosmghasiInvestment) Page 2 The applicant has requested a change of zoning from an "A-I" Apartment House District to a "R-lC" One-family Dwelling District to develop a 65-1ot single- family subdivision on l 1.91 acres. · Minimum lot area permitted in the "R-lC" District is 4,500 square feet with a minimum lot width of 45 feet. Primary access for the property is planned along the extension of New Bedford Street, a collector and Jessica Drive, a local street. The proposed "R-IC" District development would generate 650 average daily trips along the future roadways of the subdivision. There are drainage issues associated with this tract that need to be resolved at the time of platting. · Water/wastewater demand is estimated at 22,750 gallons per day with a solid waste demand of 578 lbs. daily. · The "R-lC" District offers traditional neighborhood residential development that is supported by the Southside Comprehensive Plan's future land use map. Street Type Paved Section Volume (2001) New Bedford Drive Collector 70' R.O.W. w/48' Bk to Bk Not available paving Jessica Drive Local 50' R.O.W. w/28' Bk to Bk Not available paving The plat has been submitted and awaiting Planning Commission action pending approval of the "R-lC" District. The requested "R-lC' Dislrict is an extension of low-density residential development to the south and west Zoning Report Case No. 0105-01 (Mostaghasi Investment) Page 3 Approval of the "R-lC" One-family Dwelling Dis~ct. Approval of the "R-1 C' One-family Dwelling District. Number of Notices Mailed: 42 Favor: 2 Opposition: 1 (As of January 13, 2005) Attachment: Zoning Map H 5PLN-DIRXSHARED\CHRISTAL\WORDXZONRPTSL2005\0105 -01CCKEPORT doc R-lB A-2 NORTH Planning Commission Minutes January 12, 2005 New Zoning Chairman Berlanga left the meeting at 6:40 p.m. and Vice Chairman Stone took over as Chairman. 01054)1 - Most~,ghasi Investment Request: Change of zoning fi.om "A-I" Apartment House District to "R-lC" One-family Dwelling District resulting in a change of land from medium density residential to low density residential. Excerpts from Zoning Report Legal Description/Location: Being 11.91 acres out of Flour Bluff-and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10 and ll, located north of Jessica Drive and New Bedford Street. Purpose of Request: Development of a 65-1ot single-family subdivision Area Development Plan: Southside- The future land use map supports the "R-lC" District that allows for tradittonal neighborhood restdential as a standard single family subdivision. Department Comments: The requexted "R-lC' District is an exter~ion of low-den~ity residential development to the south and west Staff Recommendation: Approval of the "R-lC" One-family Dwelling District. Mrs. Goode-Macon prov/ded graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 60 notices mailed. Two were received in favor and one in opposition. The public hearing was opened. No one appeared to be in favor or in opposition. TI~ public hearing was closed. A motion was made by Salazar and seconded by Bra,selton to recommend approval as submitted. The motion passed unanimously with Amsler and Berlanga being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAGHASI INVESTMENT BY CHANGING THE ZONING MAP IN REFERENCE TO 1'1.91 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, LOTS 6, 7, 10, AND 11 FROM "A-I" APARTMENT HOUSE DISTRICT TO "R-'lC" 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 Mostaghasi Investment for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 12, 2005, during a meeting of the Planning Commission, and on Tuesday, February 15, 2005 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 11.91 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Lots 6, 7, 10, and 11 from "A-I" Apartment House Distdct to "R-lC" One-Family Dwelling District; located north of New Bedford Street and Jessica Ddve, as shown on the attached Exhibit. (Map 043032) 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 :~. 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. Page 2 of 3 SE6TION ,5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15th day of February, 2005. ATFEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph ~q n~ey ~-~'''~ Assistant City Attorney For City Attorney 2005 Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti H:\LEG-DI R\Joseph~Zoning-05\0105-01 Regular doc Page 3 of 3 Corpus Christi, Texas __day of ,2005 TO THE MEMBERS OF THE CI-FY 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\Joseph~Zoning-05\0105 01 Regular doc FEB-4-20~5 11:52 FROM:CITY OF CORPUS CHRIS ~61e~65'5E~ · Sep {39 {]4 Ol~lOp Bms~ & Welsh En~in~ TO: 9E~i5~39 3S1-882- 12S5 p.3 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION EXHIBIT 'B~ FEB 4-2005 11:55 FRail:CITY OF CORPUS C~RIS ~3~18~63560 Sep 09 04 0].' lap Bmss L Welsh En~inC TO: 9E~03239 BAS6 E,~ WELSH R-lC ZONINO TKACT SeptemDer 8, 2004 04038-M&B Sl~ta of Texas § Caunty of Nueces § BEGINNING at me nerbherm'nosl corner of Jes~ca Drive ~ of IRl~ghl~n V~ia~ Unit aA, a nlap o1 wh~3h Is P _e~3~ted In Votu~ S'/~ Pa~ 57 & S~, said Map Records, ~cl ~ com~' for Ifle wesl~'nm~ ¢x~m~' ~ [he tract he~ deac~ibed and being In the soub~east beunda~ lIne of the Village at Dunbartco Oaka U fllt 4. Thence abrt~ sa{d eo~theas~ 13oundaty line of ~e ~e ~ ~nba~ Oaks Un~ 4 ~ ~g ~ ~e~ b~a~ line of ~e ~ ~ Du~ ~ U~t 3, a map ~ ~ ~ ~ Vo~me 6~ ~ 1~ & 1 ~, ~ ~ ~-~s, N2G"~'3~' E 613.3~ ~ e ~lnt ~r ~e na~ ~mer ~ ~ ~ct hewn d~ and~e~m~ ~ ~ a 19.~B a~ ~ of ~nd deed~ m ~ R. ~jla In D~e~ ~, 891141, ~ie Pubflc Re~r~s ~ said ~un~ mh~"~ ~ a sou~fl%~mrty bou~ary I~e o~ ~Jd 19.848 a~re tract S~1°O4'5~ E 645.14' 1~ a point ~uth certtrel comer of said 18.648 ac.~ tract and easternrr~ <=3ruer of the ~ct herea~ des.crUd; ~ cen~ camel ~l ~id 18.~8 ~ ~ In a~ a ~ of 613.~' ~ a ~nt ~ t~ ~n~e of New ~ ~ 1 ~'3~, at 30.~' p~ ~ ~s~rn~ ~r of Lot 1, ~A, In ~1 a d~n~ o~ ~5.14' {o t~e POI~ ~ BEGINNING, a ~e~ EXHIBIT "A" 20 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (Civ/Council Action Date: 2/15/05) Case No.:0105-02: Ali A. Pilehvari: A change of zoning from a "R-lB" One-family Dwelling District and "R-lB" One-family Dwelling Dis~ict with a Special Permit to a "B-I" Neighborhood Business Disthct on Alameda Park~ Block 6, Lot~ 33 and34, located west of Everhart Road and 200 feet south of Avalon Street. Plannim, Commission and Staff's Recommendation (1112105): Approval. Re~lue~ted Council Action: Approval of the "B-I" Neighborhood Business Dis~ct and adoption of the at~ached ordinance. Puroose of Request: Proposed office/retail business uses. Summary: · The applicant is requesting a change of zoning to a "B- 1" Neighborhood Business District for the development of office and retail business uses on the subject lots. July 1994, a Special Permit was granted for the establishment of a clock shop on Lot 33 of the subject property and a future business use on Lot 34. Lot 33, developed as a clock shop, is closed and the special permit is currently valid. The special permit on Lot 34 expired since the single-family structure did not convert to an office or business use. The owner of the property intends to reopen the structure on Lot 33 with a business or office use immediately and has future plans for Lot 34 as a business or office use. Lot 34 will remain as a rental single-family use until development plans are finalized. · The subject property has direct access to a major arterial, Everhart Road, with no direct access to a local residential sla-eet. · A water/wastewater demand of the proposed office/business use is projected at 690 gallons per day with a solid waste demand of 48 lbs. daily. Properties along Everhart Road are slowly transitioning to office and neighborhood commercial uses. North of the subject property is developed retail property with an "AB/SP" District. Along the south are developed "R-lB", "B-l"and "B-lA" District properties. To the east and west is "R-lB" District properties developed with single-family residences. Over the past decade, properties along Everhart Road have been transitioning to nonresidential uses. Such uses include offices, restaurants, retail shops, salons and most recently a proposed bank at the comer of Everhart Road and Avalon Street. · The requested "B-I" District is consistent with the future land use map that recommends neighborhood commercial uses. Agenda Memorandum Case No. 0105-02 (Ali A. Pilehvari) Page 2 Al~l~licant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notffication: Of the 37 notices mailed to the surrounding property owners, one was returned in favor and one in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Michael N. Gunning, AICP I Assistant Director of Development Services MG/FGM/ca Attachments: 1) 2) 3) Zoning Report Planning Commission Minutes Ordinance H :~P LN-DIR~ HA R ED~C H RISTA L\WORD~G EN DM EMX2005~01054)2AGENDAM EM O doc C'rTY COUNCZL ZONTNG REPORT Case No.: 0105-02 Planning Commission Hearing Date: J&llllary 12, 2005 Applicant: Ali A. Pilehvari Owner: Same as applicant Agent: Ray Vet Hey Legal Descrlplion/Locatton: Alameda Park, Block 6, Lots 33 and34, located west of Evcrhart Road and 200 feet south of Avalon Street. From: "R-lB" One-family Dwelling District and "R-lB" w/SP One-family Dwelling District with a Special Permit To: "B-I TM Neighborhood Business District Area: 0.34 acre Purpose of Request: Proposed office/retail business uses. Site Zoning "R-lB" and "R-lB" w/SP Districts North ."AB" w/SP District and "B- 1" District South "R-lB" District East "R-I B' District West "R-lB" District Existing Land Use Former clock shop on Lot 34 and single-family use on Lot 33 Professional Office Low-density residential Low<lensity residential Low-density residential Future Land Use Professional Office and Neighborhood Commercial Professional Office and Neighborhood Commercial Professional Office and Neighborhood Commercial Low-density residential Low-density residential Area Development Plan: Southeast - Overall, the Comprehensive Plan Elements are supportive of the requested "B-1" Dis~'ict. The Southeast Area Development Plan's adopted futura land use map recommends the area to develop with professional office and neighborhood commercial Map No.: 04303038 Zoning Violations: None Zoning Report Case No. 0105-02 (Ali A. Pilehvari) Page 2 q~e applicant is requesting a change of zoning to a "B-1" Neighborhood Business District for the development of office and retail business uses on the subject lots. July 1994, a Special perrmt was granted for the establishment of a clock shop on Lot 33 of the subject property and a future business use on Lot 34. Lot 33, developed as a clock shop, is closed and the special perrmt is currently valid. The special permit on Lot 34 expired since the single-family structure did not convert to an office or business use. The owner of the property intends to reopen the structure on Lot 33 with a business or office use immediately and has future plans for Lot 34 as a business or office use. LOt 34 will remain as a rental single-family use until development plans are finalized. The subject property has direct access to a major arterial, Everhart Road, with no direct access to a local residential street. A water/wastewater demand of the proposed office/business use is projected at 690 gallons per day with a solid waste demand of 48 lbs. daily. Properties along Everhart Road are slowly transitioning to office and neighborhood commercial uses. North of the subject property is developed retail property w/th an "AB/SP" District. Along the south are developed "R-lB", "B-l"and "B-lA" District properties. To the east and west is "R-lB" District properties developed with single-family residences. Over the past decade, properties along Everhart Road have been transitioning to nonresidential uses. Such uses include offices, restaurants, retail shops, salons and most recently a proposed bank at the comer of Everhart Road and Avalon Street. The requested "B-I" District is consistent with the future land use map that recommends neighborhood commercial uses. ~ ~ Street Type ~ ~ Everhart Road Arterial Paved Section Volume (2001) 80'R.O.W.w/48' Bk to Bk 17,670 a.d.t. paved section The subject property consists of two (2) platted lots. Everhart Road is successfully transitioning to office and retail uses as recommended by the Southeast Area Development Plan. H:~P LN-DIR~SHARED\CHRISTAL\WORDXZONRPTS~005~ 105-02CCReport_doc Zoning Report Case No. 0105-02 (Ali A. Pilehvari) Page 3 Approval of the "B-1" Neighborhood Business District. Approval of the "B-1" Neighborhood Business District. Number of Notices Mailed: 36 Favor: 1 Opposition: 1 (As of January 13, 2005) Attachment: Zoning Map H :\P LN - D IRLS H ARED\CHRI S TAL\WORDXZON RPTS~.005\0 [ 05-02CCRep~rt.doc NORTH Planning Commission Minutes January 12, 2005 0105-02 - Ali A. Pllehvari Request: Change of zoning from "R-lB" One-family Dwelling District and "R-lB" w/SP One -family Dwelling Disthct with a Special Permit to "B-I" Neighborhood Business District resulting in a change of land use from low density residential to neighborhood business. Excerpts from Zoning Report Legal Description/Location: Alameda Park, Block 6, Lots 33 and34, located west of Everhart Road and 200feet south of Avalon Street. Purpose of Request: Proposed office/retail bm'mess uses. Area Development Plan: Southeast - Overall, the Comprehensive Plan Elements are supporttve of the requested "B-1 "District. The Southeast Area Development Plan's adopted future land ase map recommends the area to develop with professional office and netghborhood commercial uses. Department Comments; Everhart Road is successfully transttioning to office and retail uses us recommended by the Southeast Area Development Plan. Staff.Recommendation: Approval of the "B-1 "Neighborhood Business District. Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 37 notices mailed. One was received in favor and one in opposition. The public hearing was opened. No one appeared to be in favor or in opposition. The public heating was closed. A motion was made by Salazar and seconded by Zamora to reco~d approval as submitted. The motion passed unanimously with Amsler and Berlanga being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALI PILEHVARI BY CHANGING THE ZONING MAP IN REFERENCE TO ALAMEDA PARK SUBDIVISION, BLOCK 6, LOTS 33 AND 34 FROM "R-lB" ONE-FAMILY DWELLING DISTRICT AND "R-'IB"ISP ONE-FAMILY DWELLING 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 Ali Pilehvad for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 12, 2005, during a meeting of the Planning Commission, and on Tuesday, February 15, 2005 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 Alameda Park Subdivision, Block 6, Lots 33 and 34 from "R-1 B" One-Family Dwelling District and "R-1B"/SP One-Family Dwelling District with a Special Permit to "B-l" Neighborhood Business District; located west of Everhart Road and 200 feet south of Avalon Street. (Map 043038) 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. 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 Chdsti. 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 Charier 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 15~h day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~'.~ ~_~ Joseph Harn y~ ~ Assistant City Attorney For City Attorney 2005 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DlR\Joseph~oning-05\0105-02Regular doc Page 3 of 3 Corpus Christi, Texas __day of ,2005 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~loseph~Zoning 05\0105-02Regular doc 21 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 2/15/05) Case No.: 0105-03: Michael L. and Nan M. Huffhes: A change ofzoMng from a "B4" General Business District to an "I-Y' Heavy Industrial District in Lindale Park Addition, Block 1, Lot 2A, located along the northwest comer of Swantner Drive and Ohio Street. PlanninR Commission and Stall's Recommendation (1/12/05): Denial of the "I-3" Heavy Industrial District and in lieu thereof, approval of a Special Pen'mt for a 14' x 14' pet crematorium building subject to TCEQ Permit regulations. Retluested Council Action: Denial of the "I-3" Heavy Industrial District and in lieu thereof, approval ora Special perrmt for a 14' x 14' pet crematorium building subject to TCEQ Permit regulations and adoption of the attached ordinance. Purl}ose of Recluest: The addition of a 14' by 14' building which will serve as a pet crematory. Summary: · The applicant is requesting an "I-3" Heavy Industrial District zoning ~n order to operate an animal crematorium on the premises for the purpose of disposing of animal carcasses. · The proposed crematorium will be contained in a 14' by 14' accessory building with a height of 8 feet. A chimney will extend 5 to 6 feet above the roofline of the building. · The subject property is utilized as a veterinary clinic and is located at the intersection of OMo Avenue and Swanmer Drive. According to TCEQ guidelines, a veterinary clinic may operate an animal crematorium under a permit by rule (or without a permit) if certain conditions are met. Among those conditions are incineration limits, ash control, air pollution control, fire protection, storage limits, cleaning, nuisance prevention, buffer zone, documentation, and hours of operation. If any of these conditions are not met, TCEQ reserves the right to issue a less restrictive perrmt. The new permit may allow some variance to the above conditions and be more restrictive in other areas. The issuance oftbe permit is at the discretion of the TCEQ. TCEQ issued the applicant permit #72702 on November 29, 2004. The conditions of the permit require that the applicant provide for specific ermssion standards, design requirements, operational requirements, and record keeping. · The permit issued to the applicant seLs the following requirements: Incineration limits of 75 lbs per hour with a minimum burn cycle time of one (1) hour. Each load shall be weighed with a scaled that is certified biennially by a third party person who is licensed by the Texas Department of Agriculture. The minimum operating temperature of the burner in each of the two chambers used shall be no less than 1600°F with fuel limited to sweet natural gas or propane. Agenda Memorandum Case No. 0105~3 (Michael L. and Nan M. Hughes) Page 2 There shall be no obstruction to stack flow with stack sampling and other testing required at any time by the Executive Director of the TCEQ. An emergency generator may be required at any time by the Executive Director of the TCEQ. · Proper ash control to prevent release of the ash to the enx4ronment. A fire protection plan must be in place and comply with local fire codes. · Carcasses must be incinerated within two (2) hours of receipt, unless stored at a temperature of 29°. Only carcasses or animal parts may be processed. Proper and regular cleaning must be done on a routine bass to prevent odors and flies. The facility shall be designed and operated in such a manner as to prevent nuisance conditions including dust from ashes, disease vectors, odors, and liquids from spills, from being released from the property boundary of the facility. · Facility owners must inform customers and local veterinarians of the need to identify diseased ammals to ensure proper handling. · Operating hours are from one hour after sUnnse to one hour before sunset, typically 7 am to 7 pm. · Proper documentation of all records including employee operators, records of final disposition of ashes after removal from the incinerator, employee training, dates and times of incinerator shutdown or malfunction, scale calibration, chamber temperatures, carcass weight, date, and time received must be recorded and maintained on site · A pet crematorium is considered a typical feature of a veterinary clinic and a preferred method of disposal of animal carcasses. · The "I-Y' District is not a compatible disC-itt to the surrounding properties. A special pernnt to allow the pet crematory is recommended. Al~l}licant's Position: The applicant concurs with Planning Corrmmssion and Staffs reco,m.endation. Notification: Of the 18 notices mailed to the surrounding property owners, none were returned in favor or in opposition. The 20% rule is not invoked. This case Is eonsi~lered noncontroversial, - Michael N. Gunning, AICP Assistant Director of Development Services MG/FGM/ca Attachments: 1) Zoning Report 2) 3) Planning Commission Minutes Ordinance H:~PLN-DIR%HARED~CHKISTAL\WORD~AGEN DM EML2005~1054)3AGENDAMEMO doe CTTY COUNCTL ZONTNG REPORT Case No.: 0105-03 Planning Commission Hearing Date: January 12, 2005 Applicant: Michael L. and Nan M. Hughes Owner: Same as applicant Agent: John D. Bell Lindale Park Lot Block 1, located at the intersection Legal Description/Location: Addition, 2A, of Ohio Street and Swantner Drive. From: "B-4" General Business District To: "I-3" Heavy Industrial District Area: 0.44 acres Purpose of Request: ~te addition of a 14' by 14' building which will serve as a pet crematory. Zoning Site "B4" General Business District North "A-2" Apartment House District South "B4" General Business District East "A-I" Apartment House District "R-lB" West One-family Dwelling District Existing Land Use General Business-Private use-Veterinary Clinic Multi-family housing Business Multi-family housing Single family residential use Future Land Use General Business Medium density residential and Multi-fa-rmly housing Business Medium density residential and Multi-family housing Low density residential Area Development Plan: Southside- The future land use map recommends the subject property continue as a general business use. Map No.: 045041 Zoning Violations: None Zolfing Report Case No. 0105-03 (Michael L. and Nan Hughes) Page 2 The applicant is requesting an "[-3" Heavy Industrial Dislrict zoning in order to operate an animal crematorium on lhe premises for the purpose of disposing of animal carcasses. The proposed crematorium will be contained in a 14' by 14' accessory building with a height of 8 feet. A chimney will extend 5 to 6 feet above the roofline of the building. The subject property is utilized as a veterinary clinic and is located at the intersection of Ohio Avenue and Swantner Drive. According to TCEQ guidelines, a veterinary clinic may operate an animal crematorium under a p~tntlt by rule (or without a permit) if certain conditions are met. Among those conditions are incineration limits, ash control, air pollution conta-ol, rue protection, storage limits, cleaning, nuisance prevention, buffer zone, documentation, and hours of operation. If any of these conditions are not met, TCEQ reserves the right to issue a less restrictive pernut. The new permit may allow some variance to the above conditions and be more restrictive in other areas. The issuance of the pemdt is at the discretion of the TCEQ. TCEQ issued the applicant permit #72702 on November 29, 2004. The conditions of the permit require that the applicant provide for specific emission standards, design requirements, operational requirements, and record keeping. The permit issued to the applicant sets the following requirements: · Incineration limits of 75 lbs per hour with a minimum burn cycle time of one (1) hour. Each load shall be weighed with a scaled that is certified biennially by a third party person who is licensed by the Texas Department of Agriculture. · The minimum operating temperature of the burner in each of the two chambers used shall be no less than 1600°F with fuel limited to sweet natural gas or propane. There shall be no obstruction to stack flow with stack sampling and other testing required at any time by the Executive Director of the TCEQ. · An emergency generator may be required at any time by the Executive Director of the TCEQ. · Proper ash control to prevent release of the ash to the environment. · A fire protection plan must be in place and comply with local fire codes. Carcasses must be incinerated within two (2) hours of receipt, unless stored at a temperature of 29°. Only carcasses or animal parts may be processed. · Proper and regular cleaning must be done on a routine bass to prevent odors and fl les. · The facility shall be designed and operated in such a manner as to prevent nuisance conditions including dust from ashes, disease vectors, odors, and liquids from spills, from being released fi-om the property boundary of the facility. · Facility owners must inform customers and local veterinarians of the need to identify diseased animals to ensure proper handling. H:~° LN- D IRkS HARED~CHKIS TA L\WO KD~ZONRPTSX2005~0105 -03 CCREPORT.doc Zoning Report Case No. 0105-03 (Michael L. and Nan Hughes) Page 3 Operating hours rare from one hour after sunrise to one hour before sunset, typically 7 am to 7 pm Proper documentation of all records including employee operators, records of final disposition of ashes after removal from the incinerator, employee training, dates and times of incinerator shutdown or malfunction, scale calibration, chamber temperatures, carcass weight, date, and time received must be recorded and maintained on site A pet crematorium is considered a typical feature cfa veterinary clinic and a preferred method of disposal of animal carcasses. The "I-Y' District is not a compatible district to the surrounding properties. A special perrmt to allow the pet crematory is recommended. Street Ohio Avenue Swantner Drive Type Paved Section Volume (2001) Local Street 50' ROW with 28' fi Bk. 1o 5550 Bk. A.D.T Local Collector 60' ROW with 40' Bk. to Bk. Not available Subject property is a platted tract. The proposed crematorium will have minimal impact on the surrounding area& The combustion temperature coupled with the dual combustion chamber will v/rtually eliminate any negative impact on the environment. Denial of the "I-Y' Heavy Industrial District and in lieu thereof, approval of a Special Permit for a 14' x 14' pet crematorium building subject to TCEQ Permit regulations. H:~P LN -DIR~S HA RED\C H RISTA L\WOKDXZONRP TSL20~5~D 105 -03 CCREPO RT.doc Zoning Report Case No. 0105-03 (Michael L. and Nan Hughes) Page 4 Denial of the "I-3" Heavy Indusla-ial District and in lieu thereof approval of a Special for a 14' x 14' pet crematorium building subject to TCEQ Permit regulations. ~ ~ Number of Notices Mailed -- 18 la ? Favor-- 0 la ~ Opposition-- 0 ~~ ~ (As of January 13, 2004) Attachments: Zoning Map TCEQ Permit H 5P LN-D IR~S HARED\C H KIS TAL\WO RD~ZONRPTS~2005~0105~)3 CCR EPORT.doc 1507 A-2 R-lB 2 KOSAR STREET , R-lB O 5 NORTH Planmng CorrmUssion Minutes January 12, 2005 0105-03 - John D. Bell Request: Change of zoning from "B-4" General Business District to "I-Y' Heavy Industrial District resulting in a change of land use from general business to heavy industrial. Excerpts from Zoning Report Legal Description/Location: Lindale Park Addition, Lot 2A, Block I, located at the intersection of Ohio Street and Swantner Drive. Purpose of Request: The addition of a 14' by 14' building which will serve as a pet crematory Area Development Plan: Soutl~ide- The future land use map recommends the subject property continue as a general bustness use Department Comments: The proposed crematorium will have minimal impact on the surrounding areas. The combustion temperature coupled with the dual combustion chamber will virtually eliminate any negative impact on the environment. Staff Recommendation: Denial of the "1-3 "Heavy Industrial District and in lieu of approval of a Special Permit for a 14' x 14 'pet crematorium building with a maximum height of 8 feet and chimney component not to exceed 6feet above the building roofline. Mrs. Sylvia Arispe, City Planner, provided 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. In response to Mr. Stone's question regarding notification, Mrs. Arispe stated the notice that staff mails to surrounding property owners does not indicate what type of development is proposed. However, several of the property owners did call and inquire about the zoning change. They were concerned that an oil disposal business was going to open. It was explained that the use was to be a crematorium for the clinic; to wkich most owners were in favor. Very little impact would be felt by the residents. There will be no smell. Mrs. Holly stated staff communicated with Larry Urban whose office is nearby, who was in contact with the adjacent property owners. Staff's research was shared with Larry Urban because staff originally told the apphcant this was not an acceptable use. Alter research conducted by Mrs. Arispe with TCEQ, it was determined that there was no adverse land use impact to surrounding properties and staff was able to recommend approval. In response to Ms. Mims question, Mrs. Arispe stated that TCEQ regulates crematory permits. In response to Mr. Pusley's question, she noted that there are other crematoriums in Corpus Christi. The applicant is in agreement with the amendment. In response to Mr. Zamora's question, the restrictions of the TCEQ permit can be included in the special permit. The public hearing was opened. Plmming comrmssion Mh~utes January 12, 2005 Case No. 0105-03 (Michael L. and Nan M. Hughes) Page 2 Mr. Mike Hughes, 5605 Safari, stated he was in favor of staWs recorrmaendation. He stated if the unit had to be replaced, the permit would need to be renewed at that time. The public hearing was closed. A motion xvas made by Pusley and seconded by Salazar for denial of the "I-3" Heavy Industrial Dislriet and in lieu of approval ora Special Permit for a 14' x 14' pet crematorium building with a maximum height of 8 feet and chimney component not to exceed 6 feet above the building roofline. A motion was made by Zamora and seconded by Salazar to add that the applicant would comply with all of the conditions of the permit issued by TCEQ. The motion passed with Zamora and Beflanga being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MICHAEL L. AND NAN M. HUGHES BY CHANGING THE ZONING MAP IN REFERENCE TO LINDALE PARK SUBDIVISION, BLOCK 1, LOT 2A (CURRENTLY ZONED "B-4" GENERAL BUSINESS DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A FOURTEEN BY FOURTEEN FOOT ANIMAL CREMATORIUM SUBJECT TO THE REGULATIONS SET FORTH BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; 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 Michael L. and Nan M. Hughes for amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, January 12, 2005, dudng a meeting of the Planning Commission, and on Tuesday, February 15, 2005 dudng 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 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 Lindale Park Subdivision, Block 1, Lot 2A (currently zoned "B-4" General Business District) by granting a special permit for a fourteen by fourteen foot animal crematorium subject to the regulations set fodh by the Texas Commission on Environmental Quality; located on the northwest comer of Swantner Ddve and Ohio Street. (Map 045041) 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. 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 15th day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /~,._.~ Joseph Ha/~ey ~ b Assistant City Attorney For City Attorney 2005 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~_EGq31R~Joseph~Zoning-O5\O105A33Special doc Page 3 of 3 Corpus Christi, Texas __ day of ,2005 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:~-EGA)lR~Joseph~Zoning~5~) 105~3Special doc 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 2/15/05) Case No.:0105-IM: Vic Kasan: A change of zoning from an "R-lB" One-Family Dwelling District to a "B-4" General Business District. The property is in Brookhaven the Subdivision, Block 8, Lot 1, located along the southwest comer o£ Brookhaven Drive and Brookside Drive. Plannin~ Commission and Staff's Recommendation (1/12/05): Approval. Requested Council Action: Approval of the "BM" General Business District and adoption of the attached ordinance. Puroose of Request: To rezone subject property to "B-4" General Business Dislafict to p¢mfit Lot 1 to be incorporated in the construction of a 70 unit hotel, a restaurant, and a retail center on the adjacent property. A conceptual development plan for proposed construction of the subject property and the adjacent 3.6 acre tract is attached. The adjacent property is currently zoned "BM". Summary: The applicant is requesting a change of zoning to "BM" General Business Dislfict for this 0.391 acre lot to he incorporated in the applicant's overall planned commercial development of the adjacent 3.6 acre tract which is currently zoned "BM". The attached exhibit illustrates the conceptual plan of development. Proposed is a 70 unit hotel on the rear portion of the adjacent property which includes the subject lot. The remaining portions of the 3.6 acre adjacent property with frontage on U.S. 77 are proposed to he developed with a stand-alone restaurant and a small strip commercial center. The subject property is located within the Northwest Area Development Plan area. The future land use map recommends traditional neighborhood use for the small platted lots of Brookhaven Subdivision which includes the subject lot. The future land use plan recommends commercial use of the adjacent properties to the west and south of the subject lot. In addition, the future land use plan recommends multi-farmly residential use of the large ~act of land across Brookside Drive to the south and east. This tract is zoned "A-I" Apartment House District and is developed with apartments. If the subject lot is rezoned to "B-4" General Business District and is incorporated into the proposed hotel development, its prorated share of overall traffic generated by the 70 room hotel (574 A.D.T.) would be approximately 110 average daily trips. If the property is not rezoned and is developed with a single-family house the lot would generate approximately 10 average daily trips. The projected traftqc generated by commercial uses allowed by the requested zoning change can be accommodated by Brookhaven Drive, a two-lane, local collector street, and the proposed private driveway from the frontage road of U.S. 77. · The prorated demand for water/wastewater service of the proposed hotel use for Lot 1 is projected at 782 gallons per day with a prorated solid waste demand of 210 pounds per day. Agenda Memorandum Case No. 0105-04 (Vic Kasan) Page 2 Apolicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 13 notices mailed to the surrounding property owners, 2 were returned in favor and none in opposition. The 20% rule is not Invoked. This case is considered noncontroversial. Assistant Director of Development Services MG/FGMdca Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~P LN-DIR~S HAKED~'HRIS TA L\WO RD~AGEN DM EM~O05~O 1054)~AG ENDAM EM O.doc CI'TY COUNCTL ZON'rNG REPORT Case No.: 0105-04 Planning Commission Hearing Date: January 12, 2005 Applicant: Vic Kasan Owner: Bill Durrill Agent: Jack Henley Legal Description/Location: Brookhaven Subdivision, Block 8, Lot 1, located at the southwest comer of Brookhaven and Brookside Drives. From: "R-lB" One-Family Dwelling District To: "B4" General Business Dis~'ict Area: 0.391 acres Purpose of Request: Construction ora 70 unit hotel ,~ Zoning Existing Land Use Future Land Use ~ Szte "R-lB" One-family Dwelling Undeveloped Traditional neighborhood '~ District use ~ North "R-lB" One-family Dwelling Single-family residential Traditional neighborhood ~ ~ District use "~c: ~ South "B-4" Genre-al Business Undeveloped Commercial N Dis~ct .~. East "R-lB" One-family Dwelling Undeveloped Traditional neighborhood .~_ District use ~ West "B-4" General Business Undeveloped Commercial Distrct Area Development Plan: Although the requested "B-4" General Commercial District is inconsistent with the Northwest ADP future land use plan which recommends traditional neighborhood uses, a modification to the land use map is supported due to the "B-4" General Business District due to tt~ adjacency of"B-4" General Business District zoning and future planned uses. Map No.: 066, 050 Zoning Violations: None Zoning Report Case No. Z0105-04 (Vic Kasan Page 2 The applicant is requesting a change of zoning to "B-4" General Business District for this 0.391 acre lot to be incorporated in the overall planned commercial development of the adjacent 3.6 acre tract which is currently zoned "B4". The attached exhibit illustrates the applicant's conceptual plan of development. Proposed is a 70 unit hotel on the rear portion of the adjacent property which includes the subject lot. The remaining portions of the 3.6 acre adjacent property with frontage on U.S. 77 are proposed to be developed with a stand-alone restaurant and a small strip commercial center. The subject property is located within the Northwest Area Development Plan area. The future land use map recommends traditional neighborhood use for the small platted lots of Brookhaven Subdivision. The future land use plan recommends commercial use of the adjacent properhes to the west and south of the subject lot. In addition, the future land use plan recommends multi-family residential use of the large tract of land across Brookside Drive to the south and east. This tract is zoned "A-I" Apartment House District and is developed with apartments. The proposed hotel development is prorated share of overall traffic generated by the 70 room hotel (574 A.D.T.) would be approximately 110 average daily trips, ff the property is not rezoned and is developed with a single-family house the lot would generate approXtmately 10 average daily trips The projected Waffic generated by commercial uses allowed by the requested zoning change can be accommodated by Brookhaven Drive, a two-lane, local collector street, and the proposed private driveway from the frontage road of U.S. 77. The prorated demand for water/wastewater sep.4ce of the proposed hotel use for Lot 1 is projected at 782 gallons per day with a prorated solid waste demand of 210 pounds per day. Street Type Paved Section Volume (2001) Brookhaven Drive Local Collector 60' ROW w/two 11 foot NA wide ~avel lanes on local collector w/40'paved section Planned - Same 60' ROW w/two l 1 foot w~de travel lanes on local collector w/40'paved section Planned Same Brookside Drive Local Collector NA Zoning Report Case No. Z0105-04 (Vic Kasan) Page 3 A plat of the subject property and the adjacent 3.6 acre unplatted tract will be required prior to development. The Northwest Area Development Plan future land use map recommends Lot 1 to develop as traditional neighborhood use However, considering the applicant's overall development of the entire 3.991 acre property, including the 0.331 acre Lot l, the proposed zoning change can be supported. Approval of the "B-4" General Business District. Lot 1 being incorporated into the proposed hotel, restaurant and retail center development on the adjacent property is a more practical and realistic use of Lot 1, and would provide for a more efficient overall development. However, development of Lot 1 as an isolated single-family residence adjacent to a three story hotel may prove to he both difficult and undesirable. Approval of the "B-4" General Business District. Number of Notices Mailed-- avor- 2 Opposition-- 0 (As of January 13, 2005) 13 Attachment: Zoning Map Concaptual Development Plan H 5p LN-DIR~C HRIS TAL\WO RDXZONKPTSX2004~0105434417 pCREPORT DOC C 7 FR SUBJECT A-1 NORTH Planning Commission Minutes January 26, 2005 0105-04 - Vic Kasan Request: Change of zoning from "R-lB" One-family Dwelling District to "B4" General Business Dist~-ict resulting in a change of land use from low density residential to general business. Excerpts from Zoning Report Legal Description/Location: Being 0.391 acres including all of Lot 1, Block 8, Brookhaven Subdivision, located at the southwest corner of Brookhaven and BrookMde Drives. Purpose of Requext: To rezone subject property to "B-4 " General Bu$iness District to permit Lot I to be incorporated in the construction ora 70 unit hotel, a restaurant, and a retad center on the adjacent property. A conceptual development plan for proposed construction of the subject property and the adjacent 3.6 acre tract is attached The adjacent property is currently zoned "B-4 ". Area Development Plan: The requested "B-4" General Commercial D~strict ix inconsistent with the Northwest ADP future land use plan which recommends traditional neighborhood use for the subject property. Department Comments: The Northwest Area Development Plan future land use map recommends Lot 1 to develop as traditional neighborhood use However, conxidering the appltcant's proposed overall development of the whole 3.991 acre property including the O. 331 acre Lot 1 Staff feels that this proposed zoning change is appropriate. Staff Recommendations: Approval of the "B-4 " General Business District. Lot 1 being incorporated into the proposed hotel, restaurant and retail center development on the adjacent property is a more practical and realistic use of LOt 1, and would provtde for a more efficient overall development. On the other hand, development of Lot 1 as an isolated single-family residence adjacent to a three story hotel may prove to be both difficult and undestrable. Mr. Mic Raasch, City Planner, provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. He stated that there were 11 notices mailed. Four were received in favor and none in opposition. Mr. Raasch stated the applicant will develop his adjoining property which is already zoned "B4" and would like this partial included in his development plans. In response to Mr. Pusley's question, staffrecommends approval of the "B-4" General Business District. Lot I being incorporated into the proposed hotel, restaurant and retail center development on the adjacent property is a practical and realistic use, and would provide for more efficient overall development. On the other hand, development of Lot 1 as an isolated single-family residence adjacent to a three story hotel may prove to be both difficult and undesirable. The public heanng was opened. Mr. Jack Henley, 3137 Briarhurst, Real Estate Broker for the applicant, stated his client had the subject property under contract and planned to build a Holiday Inn Express at the rear of the properW. They had a market study done which indicated that a facility like a Holiday Inn Express be developed in the Five Points area to service people traveling to Mexico and the Rio Grande Valley. The proposed facility will front toward Highway 77 and will have 70 rooms and suites. There will be no convention facilities, restraunt or bar so there will be minimal late night activity in the area. Planning Comission Minutes January 12, 20~5 Case No. 0105-04 (Vic Kasan) Page 2 Mr. Pusley stated with the location of the motel, to get to the restraunt next door one would have to go down Highway 77 quite a way and make u-mm to get to restraunt Mr. Henley replied that TxDOT's design will shorten the distance considerably which should be completed this year. He spoke to TxDOT about the access and they recommended a driveway at this location. The public hearing was closed. A motion was made by Zamora and seconded by Braselton for approval as submitted, q3ae motion passed unanimously with Amsler and Berlanga being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY VIC KASAN BY CHANGING THE ZONING MAP IN REFERENCE TO BROOKHAVEN SUBDIVISION, BLOCK 8, LOT 1, FROM "R-lB" ONE- FAMILY DWELLING DISTRICT TO "B~" 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 Vic Kasan for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 12, 2005, during a meeting of the Planning Commission, and on Tuesday, February 15, 2005 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 Brookhaven Subdivision, Block 8, Lot 1, from "R-lB" One-Family Dwelling District to "B-4" General Business District; located along the southwest comer of Brookhaven Ddve and Brookside Drive. (Map 066050) 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 date1 remain in full force and effect. SECTION 4. That to the extent that this amendmenl 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. Page 2 of 3 SECTION 5. That publication shall be made in the official publication of the Cit~ 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 15~h day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph Harn~y Assistant City Attorney For City Attorney · / 2005 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR\Joseph~Zoning-05\0105-04Regular doc Page 3 oi: 3 Corpus Chdsti, Texas day of ,2005 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-DI RgJoseph~oning-05\0105-04 Regular doc 23 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date:0105-05) Case No.:0105-05: Alt~ Enterprises, Inc.: A change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-farmly Dwelling Dislrict, being 57.94 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd Field Road and south of Slough Road (Future Lipes Boulevard) Piannin~ Commission and StafFs Recommendation (1/12/05): Approval. Requested Council Action: Approval of the "R-lB' One-family Dwelling District and adoption of thc attached ordinance. Purl~ose of Reouest: Development of a 229-1ot single-family subdivision. Summary: · The applicant has requested a change of zoning from an "F-R" Farm-Rural District to an "R-lB" One-family Dwelling Dislrict to develop a 229-1ot single-family subdivision on 57.94 acres. Minimum lot area pern'Utted in the "F-R" District is five (5) acres and in the "R-lB" Dislrict 6,04)0 square feet. The "F-R' District permits one (1) unit per five (5) acres, the "R-lB" District allows 5.44 units per acre. · Water/wastewater demand for the subject properly is projected at 68,700 gallons with a solid waste demand of 2,038 lbs. daily. Property to the north was recently rezoned to an "R-lB" District for the development of a 285-1ot single family subdivision. Properties northeast and adjacent to County Road 26-A (Brool~ Road) were recently rezoned to "R-lB" and "R-lC" Districts. The requested "R-lB" District is an extension of such districts to the north. · The "R-lB" District development would generate 2,290 average daily trips along Rodd Field Road, an arterial and Slough Road, a rural collector. · The Southside Comprehensive Plan future land use map recommends the subject property develop as a low4ensity residential use that is accomplished by the "R-lB" District. Aplfficant's Position: The applicant concurs with Planning Comrmssion and Staff's recommendation. Agenda Memorandum Case No. 0105-05 (Alty Enterprises, Inc.) Page 2 Notification: Of the 15 notices mailed to the surrounding property owners, 2 were returned in favor and none in opposition. The 20'/0 rule is not invoked. This case is considered noncontroversial. Assistant Director of Development Services MG/FGMJca Attachments: 1) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:~p LN-DIRXS HAKEDK' HRIS TAL\WOI~D~AG EN DM EM~O05~0105 ~)5AGEN DAM EM O.doc CITY COUNCIL ZONING REPORT Case No.: 0105-05 Planning Commission Hearing Date: January 12, 2005 Applicant: Alty EnterPrises, Inc. Owner: Jim Boiler & Associates, Inc. Agent: Urban Eng/neering - Murray F. Hudson, P.E. Legal Description/Location: Being 57.94 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd Field Road and south of Slough Road (future Lipcs Boulevard) From: "F-R" Farm-Rural District To: "R-lB" One-family Dwelling District Area: 57.94 acres Purpose of Request: Development of a 229-1ot single-family subdivision. Site North South Zoning "F-R" Farm-Rural District "R-lB" One-farmly Dwelling District "F-R" Farm-Rural District and "RE" Residential Estate DisWict "F-R" Farm-Rural District "F-R" Farm-Rural District Existing Land Use Agriculture Undeveloped land Agriculture Agriculture and low- density residential Agriculture Future Land Use Low-density residential Low-density residential Low-density residential Low-density residential Medium-density residential Area Development Plan: Southsidc- The future land use map primarily recommends low-density residential. Map No.: 41031 and 42031 Zoning Violations: None Zoning Report Case No. 0105-05 (Ally Enterprises, Inc.) Page 2 The applicant has requested a change of zoning from a "F-R" Farm-Rural District to a "R-lB" One-family Dwelling Dislrict to develop a 229-1ot single-family subdivision on 57.94 acres. Minimum lot area permitted in the "F-R" District is five (5) acres and in the "R-lB" Dis~'ict 6,000 square feet. The "F-R" District permits one (1) unit per five (5) acres, the "R-lB" Distxict allows 5.44 units per acre. Water/wastewater demand for the subject property is projected at 68,700 gallons with a solid waste demand of 2,038 lbs. daily. Property to the north was recently rezoned to a "R-lB" District for the development of a 285-1ot single family subdivision. Properties northeast and adjacent to County Road 26-A (Brooks Road) were recently rezoned to "R-lB" and "R-lC" Districts. The requested "R-lB" District is an extension of such dislricts to the north. The "R-lB" District development would generate 2,290 average daily ~ps along Rodd Field Road, an arterial and Slough Road, a rural collector. The Southside Comprehensive Plan future land use map recommends the subject property develop as a low-density residential use that is accomplished by the "R-lB" District. Street Type Paved Section Volume (2001) Rodd Field Road Rural Arterial 70'R.O.W. w/48' Bk to Bk 4,300 a.d.t. Slough Road (future Lipes Boulevard) Rural Collector paved section (Planned 120' R.O.W. w/100' Bk to Bk paving) 50' R.O.W. w/20' Bk to Bk paved section (Planned 70' ROW w/48' Bk to Bk paving) Not Available A preliminary plat has been approved. The Southside Area Development Plan's adopted future land use map recommends that the area develop with a low4ensily residential development. The requested "R-lB" Dis~ct ackieves the recommenchtion of the Plan and is an expansion of the "R-lB" District to the north. H :SPLN-DIR~S H ARED\CHRI STA L\WORD~ZONKPTSX2005 \0105-05CCRepor~.doc Zoning Report Case No. 0105-05 (Alty Enterprises, Inc.) Page 3 Approval of the "R-lB" One-family Dwelling District. Approval of the "R-1B" One-family Dwelling District. Number of Notices Mailed: 15 Favor: 2 Opposition: 0 (As of January 13, 2005) Attachment: Zoning Map H:\PLN-DIR~SHARED\CHKISTAL\WORD~ZONRPTSX2005\0105 -05CCReport,doc R-lB R-lB l/ F-R NORTH Planning Commission Minutes January 12, 2005 0105-05 - Airy Enterprises, Inc. Request: Change of zoning from "F-R" Farm-Rural Dislrict to "R-lB" One-family Dwelling District resulting in a change of land use from farm-rural to low density residential. Excerpts from Zoning Report Legal Description/Location: Being 5Z94 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4, located east of Rodd Field Road and south of Slough Road (future Lipes Boulevard) Purpose of Request: Development of a 229-lot single-family subdivision. Area Development Plan: Southside- The future land uxe map primartly recommends low-density residential. Department Comments: The South-ride Area Development Plan's adopted future land u. re map recommends that the area develop with a low-density residential development The requested "R-lB" District achieves the recommendation of the Plan and is an expansion of the "R-lB" District to the north. Staff's Recommendation. Approval of the "R-lB" One-family Dwelling District Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 15 notices mailed. Two were received in favor or in opposition. The public hearing was opened. No one appeared to be in favor or m opposition. The public heating was closed. A motion was made by Mims and seconded by Salazar to recommend approval as submitted The motion passed unanimously with Amsler and Berlanga being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ALTY ENTERPRISES BY CHANGING THE ZONING MAP IN REFERENCE TO 57.948 ACRES OUT OF FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, SECTION 25, LOTS 2, 3, AND 4 FROM "F-R" FARM RURAL DISTRICT TO "R-tB" 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 Airy Enterprises for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 12, 2005, during a meeting of the Planning Commission, and on Tuesday, February 15, 2005 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 57.948 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 2, 3, and 4 from "F-R" Farm-Rural District to "R-lB" One-family Dwelling District; located east of Rodd Field Road and south of Slough Road, as shown on the attached Exhibit (Map 041031 & 042031) 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. 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 15th day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED f,~ JosephHar e~y ~ Assistant City Attorney For City Attorney 2005 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H ~_EG-DIR~Joseph~oning 05~0105-05Reg~lardoc Page 3 of 3 Corpus Christi, Texas day of ,2005 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-DIR~oseph~Zoning-05\0105-05Regu;a r doc FEB-4-P_E~ 15:3~ FROM:CITY OF CDRPUS CPI~IS 3~18265S60 T0:988~39 P.8/9 (361)8,~-3101 M RJ, J J ENGINEERIN(5 P,O BOX 6355 · CORPUS CHF~STI. TEXAS 78466-~355 JOB NO. 39779.00.00 DECEMBER 3, 2004 FAX(361)854-6001 ZONING STATE OF TEXAS COUNTY OF NUECE$ FIELDNOTES for a 57.948 acre ~racl of land (not bazed on an on-the-ground survey) out of Lo~ 2, 3, and 4, Section 25, Flour Bluffand Encinal Farm ~nd Garden Tracts, a map of which is record~ in Volume A, Pages 41-43, Map P.~'c. ords of Nueons County, Texas; said 57.948 acre tract of land being more fully described by mc~s and bounds az follows: BEGINNING m the common comet of Lots I and 2, S~ction 25 and Lots 31 and 32, Section 26, ~id Flour Bluffand Encinal Farm and Garden Trac~, same being on the centcrline of Slough Road, an existing 40 foot wide roadway az shown on the recorded pla~ of said Flour Bluffand Encinal Farm and Garden Tracts, for the north comer of this ivac/; THENCE, South 6l'00'0O" East, along the centerline of said Slough Road, a distance of 1,910.68 feet for the eazl corner of this ~'act; THENCE, Sonlh 28'56'20" Weal, a distance of 20.00 f~t pass the south boundary of said Slough Road, in all a total distance of 1.320.82 feet to the common boundary of Lots 4 and 13, gection 25. mid Flour Bluffand Encinal Farm and Garden Tracts, for the south corner of this tract; THL:q'4CE., North 61'01 '19" West, along Ibc common boundary of Lois 2, 3, 4, 13, 14 and 15, Section 25, said Flour Bluffand Enci~al Farm and Garder~ Tracts, a distance of 1,910.43 foot for the eom moa comer of Lots I, 2, 15, and 16 Section 25, said Flour Bluff and Encinal Farm and_Garden Tracts, for the west corner of this ~xacg THENCE. North 28'55'40" EasL along the common boundary of r, aid Lots 1 and 2, Section 25, a distance of 1,321.55 feet to the POINT OF BEGINNING and containing 57.948 acres of land. I~aringa based on the cenicrllne of Slough Road as shown on the record~i plat of said Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A. Pages 4 ]-43, Map Records of Nueces County, Texas. ~ Unless this Field Notes Description, Including praa.mblc, sr..al and signature:, appoints in its original form, surveyor assumes no responsibility or liability for its accuracy URBAN ENGINEERING 2725 SWANTNER DR * CORPUS CHRISTI. TE)(AS 78404 ma~neng.com TO: ~ P.9x9 (6 poo~ /quno3) pooN Pla~ ppo~ 24 CITY COUNCIL AGENDA MEMORANDUM City Council Hearing Date: February 15, 2005 AGENDA ITEM: (a) Public hearing on request for a variance to operate an establishment with on-premise consumption of alcoholic beverages. (b) Resolution granting a variance, under Section 4-5(F) of the Code of Ordinances, to Benigno Sanchez, to operate an on-premises alcoholic beverage establishment located at 9840 Leopard Street. ISSUE: The applicant, Mr. Beniguo Sanchez, is requesting a variance for an on-premise beer and wine license for new restaurant, Casa Del Sol Caf6, located within 300 feet of a public middle school. State law allows a City to enact regulations prohibiting an on-premise alcohol establishment fi-om locating within 300 feet of a school, as measured from property line to property line, unless City Council has approved a variance to the distance requirement. Section 4-5 of the Code of Ordinances sets out these regulations and variance procedures. PREVIOUS COUNCIL ACTION: On December 16, 2003, the City Council approved an amendment to Section 4-5 of the Code of Ordinances establishing a variance procedure for operators of establishments requesting a license to dispense or sell alcoholic beverages for on- premise consumption which are located within 300 feet of a church, child-care facility, day-care center, public hospital or public or private school. REQUESTED COUNCIL ACTION: Approval of Resolution FUNDING: None. RECOMMENDATION: Approval of the Variance. Michael N. Gunning, AICP Assistant Director, Development Services Department H:~p LN_D IR~ HPd~EDXCH RIS TA L\WO RD\TAI3 C\TAB C20044)3 AGENDAM EMO DOC Agenda Memorandum Case No. TABC2004-03 (Casa Del Sol Cafe) Page 2 BACKGROUND INFORMATION On November 1, 2004, the Development Services Department received a request for a Texas Alcoholic Beverage Commission (TABC) license review and approval for Case Del Sol Caf6 at 9840 Leopard Street, to allow on-premise consumption of alcoholic beverages. On November 3, 2004, the license was denied because the premise was within 300 feet of a middle school (Tuloso-Midway Middle School). On November 23, 2004, Mr. Benigo Sanchez submitted a request to the City Secretary's Office for a vahance. The variance would allow the proposed restaurant to obtain a beer and wine license for on-premise consumption of alcoholic beverages. The proposed restaurant is locating in the same suite that was previously occupied by another restaurant, Chela's Caf6. Chela's Caf6 had been operating and selling beer for on-premise consumption since the early 1970s. Since Chela's Caf6 has been selling beer prior to the 1983 adoption of the current rules, the restaurant with its on-premise consumption p~mdt was grandfathercd. The owners of the new restaurant are required to obtain their own license. The required 300-foot separation is between the restaurant selling alcoholic beverage and a public school is measured from property line to property line, as opposed to other locations wkich are measured from front door to fi'ont door. Tuloso-Midway Middle School property is located across La Branch Drive from the caf6's property, approximately 60 feet between property lines. City Variance Procedure State law allows a City to enact regulations prohibiting an on-premise alcohol establishment from locating within 300 feet of churches, day-care centers, hospitals and schools unless the City Council grants a variance to the distance requirements. According to the amended ordinance City Code of Ordinances, in order for Council to grant a variance, a public notice must be published in the newspaper ten (10) days before the hearing date and notices mailed to all property ownem, churches, day-care centers, child-c~re facilities, public or private schools and public hospitals within 300 feet from subject property. The ordinance also states that" The City Council may, upon application, allow a variance to the regulation if the Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other rea,son, after consideration of the health, safety, welfare of the public and the equities of the situation, determines it is in the best interest of the community." H 5P LN-DIR~S HARED~'HRIS TA L\WO RD\TAB C~TABC20~44)3 AGEN DAM EM O.DOC Agenda Memorandum Case No. TABC2004-03 (Casa Del Sol Caf6) Page 3 Land Use and Zoning Issues The subject business, Casa Del Sol Caf6, is located at 9840 Leopard Street, which is within the Westwood Shopping Center. The shopping center is bound by three streets, Leopard Street on the south, Win'path Road on the east and La Branch Drive on the north.. Leopard Stxeet is a 4- lane divided arterial with a high volume of traffic. The shopping center contains various commercial establishments ranging from retail establishments to offices. Tuloso-Midway Middle School's property is located approximately 60 feet north of the Westwood Shopping Center's property. Westwood Shopping Center is zoned a "B-4" General Business District that permits any commercial and office use. The nearest residential uses to the shopping center is the Westwood Apartments located adjacent to the northwest of the shopping center. West of the shopping is a vacant tract of land, a drainage creek, and single-family residential over 300 feet from center. East of the shopping center and across Warpath Road, there is a vacant cammercial structure and a church, Gateway Baptist Church. The church is located more than 300 feet from its front door to the front door of the proposed restaurant. Findlnl~s and Recommendation Casa Del Sol Caf6 is in the Westwood Shopping Center that fronts on Leopard Street, designated as an arterial. Allowing a restaurant to serv~'~lcoholic beverages along with food items should have no impact on the school and church. ~gnemlly, the sale of alcoholic beverages occurs in the late afternoons, evenings and weekends when the school is closed. Casa Del Sol has informed Shaft that thek hours of operation will be fi.om 10 a_m. to 10 p.m. seven days a week and they estimate their food sales will constitute at least 75 percent of total sales revenue. StaffReeommendation: Approval of the Variance. Attachments: Location and Notice Map Letter fi.om Mr. Benigno Sanchez City Permit Denial Resolution eAE 16A 25 26-A 26-B SUBJECT PA 28 R R E $ 29-A 30 27 TULOSO MIDWAY SCHOOL TRACT RAN OD B NEX B A (~ity o! Corpus Chfisll, Te,a5 Dep~rtmenl of Development Services CASE TABC2004-03 Notice Map 0 75 150 3o0 12109104 SRR November 22, 2004 ARMANDO CHAPA CITY SECRETARY CORPUS CHRISTI TEXAS Casa Del Sol Mexican Caf~ 9840 Leopard Corpus Christi TX. 78410 (361) 242-2300 (361 ) 242-0708 Fax (361) 242-1063 Dear MR. CHAPA: 1 AM REQUESTING A WAIVER FOR A BEER AND WINE LICENSE FOR CASA DEL SOL RESTAURANT AT 9840 LEOPARD. THE PREVIOUS TENANT HAS HELD A BEER AND WINE LICENSE FOR TWENTY-FIVE YEARS. THE RESTAURANT CLOSE IN SEPTEMBER 2004 AND WE HAVE A NEW LEASE FOR FIVE YEARS THAT STARTED NOVEMBER 1, 2004. IN THE LAST FEW YEARS, THE OLD MEASUREMENT FROM FRONT DOOR TO FRONT DOOR AND ONE THOUSAND FEET FROM SCHOOL OR CHURCH WAS CHANGE, TO THREE HUNDRED FEET FROM PROPERTY LINE TO PROPERTY LINE. TOLOSO MID WAY SCHOOL IS DIRECTLY BEHIND THE CENTER SEPARATED BY A ROAD_ OUR RESTAURANT WILL BE SERVING MEXICAN FOOD WITH THIRTY PECENT OF THE DISHES BEING SEAFOOD. WE ESTIMATE OUR FOOD TO BE SEVENTY FIVE PERCENT OF OUR BUSINESS AND BEVERAGES TWENTY PERCENT. THE HOURS OF OPERATION ARE FROM 10AM_ TO 10PM. SEVEN DAYS A WEEK. WHICH DO NOT CONSTITUTE BAR HOURS. THE OWNERS OF THE CENTER HAVE OWNED IT FOR THIRTY YEARS AND WOULD ALSO APRECIATE YOUR HELP IN GEI-I'ING THE WAIVER THAT ITS NEEDED. PLEASE CALL ME IF YOU NEED ADD1THONAL INFORMATION. SI~!CERILY, ~ C ity of Corpus Chnsti 1201 Leopard - P.O. Box 9277 Corpus Christi, Texas 78469 Tele(361 ) 826-3282 Fax (361) 826-3006 November 3, 2004 Benigno Sanchez 314 Vista Alta Victoria, Texas 77904 Re: Application for Retaileds Permit or License - 9840 Leopard St (Casa Del Sol Mexican Cafe) Dear Mr Sanchez: Your application for a wine and beer retailer's permit has been denied for the business 'Casa Del Sol Mexican Cafe' located at 9840 Leopard St at the Westwood Shopping Center. Section 199.33 "Sales Near School, Church, or Hospital" prohibited the sale of alcoholic beverage within 300 feet of a church, public or private school, or public hospital. Behind your building just across La Branch Street is Tuloso Midway Middle School. The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be in a direct line from the property line of the public school to the property line of the place of business. You have the right to request a waiver thru Planning Department. Please make contact with Miguel Saldana at 826-3568 or Wes Vardeman (826-3583). Sincerely, Romeo Bazan ~- Chief Permit Officer A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF ORDINANCES, TO BENIGNO SANCHEZ TO OPERATE AN ON- PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 9840 LEOPARD STREET. WHEREAS, Benigno Sanchez desires to continue operation of a restaurant on property located at 9840 Leopard Street, which is situated within the corporate limits of the City of Corpus Chdsti ("City"); WHEREAS, Benigno Sanchez desires to allow on-premise sales of alcoholic bever- ages at the location; WHEREAS, the location of Benigno Sanchez's proposed business is within 300 feet of a public school; WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage Code ("TAB Code"), the City enacted Section 4-5(a) of the City's Code of Ordinances ("Code") to prohibit any person from maintaining a business for the dispensing and sale for on-premises consumption of alcoholic beverages within the corporate limits of the City within 300 feet of any public school; WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) of the Code allow the City Council ("Council"), upon application of a business regulated under Section 4-5 of the Code, to grant a variance to the alcohol regulations contained within the section if the Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, and, after consideration of the health, safetT, and welfare of the public and the equities of the situation, determines it is in the best interest of the community; WHEREAS, Benigno Sanchez has formally applied to the City for a variance under Section 4-5(f); WHEREAS, Benigno Sanchez believes and states that enforcement of the regulation, in this particular instance, constitutes waste and inefficient use of the land and other re- sources; and, WHEREAS, Benigno Sanchez requests that the Council grant the variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the Code of Ordinances, in this particular instance, constitutes waste and inefficient use of the land and other resources and, after consideration of the health, safety, and welfare of the public and the equities of the situation, grants the variance in the best interest of the community. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: for the City A~tomey Samuel L. Neal, Jr. Mayor Corpus Christi, Texas day of ,2005 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H ~LEG-DIR~elizab~th~)ep~ Files~EH Resolutions~EHres151 doc 25 CITY COUNCIL AGENDA MEMORANDUM Februaw 15,2005 AGENDA ITEM: Item A: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding Cable Communications Commission and access user groups; providing for severance; and providing for publication. Item B: Motion to amend, prior to second reading of ordinance amending Code of Ordinances, City of Corpus Christi, Chapter 55, regarding rules and procedures for public access cablecasting, to amend roles of city and cable operator and technical requirements. Item C. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding rules and procedures for public access cablecasting; providing for severance; and providing for publication; ISSUE: Amendment of these ordinances is necessary to improve processes regarding public access issues. REQUIRED COUNCIL ACTION: Approval of the Ordinances PREVIOUS COUNCIL ACTION: Chapter 2 of the City Code of Ordinances regarding the Cable Communications Commission was last amended on March 23, 2004. The Rules and Procedures for public access cablecasting were last amended on October 26, 2004. First reading of these ordinances occurred on January 18, 2005. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Approval of the Ordinances Assistant City Manager BACKGROUND INFORMATION The first ordinance amends Chapter 2 of the City Code of Ordinances, to reduce duties of the Cable Communications Commission related to access user councils (groups). It also repeals a section in Chapter 2 regarding access user groups. The section of the Chapter 2 ordinance for access user councils was established in 1983 and, with City cable franchise agreements approved in 1999 and 2002, has become outdated. The duties being removed from the Cable Communications Commission involve certification of access user councils, developing and approving rules and procedures for public access channels, and coordination of access user group activities. Rules and Procedures are now established through the Master Cable Services Regulatory Ordinance and the Time Warner franchise agreement. Currently, there is only one access user group, which is for Channel 18 and which has been functioning well for many years. There have never been any access groups for government or educational access. C~ty staff is recommending that the City function as the access user group for public access Channel 10 to improve processes regarding Channel 10 public access. For these reasons, those Cable Commission duties related to establishing rules and approving access user councils would no longer be necessary. The remaining duties of the Cable Communications Commission focus on franchise agreements, review of the cable system, community programming, and technological and service developments in the cable communications industry. A duty has been added that will allow the Cable Communications Commission to review, at the request of a public access producer, a tape that has been removed due to a violation of Section 1 in the Rules and Procedures, which involves user requirements, commercial programming, obscenity, unauthorized solicitation ot funds, copyrighted information and portraying a criminal act. The second ordinance amends the Rules and Procedures regarding public access cablecasting to establish that City staff shall function as the access user group for Channel 10. It also amends the process regarding programs in violation of rules and procedures. The intent of these amendments is to clarify the Rules and Procedures and improve processes that address public access requirements and violations. Attached is a summary of the changes staff recommends pdor to second reading. The Rules and Procedures for Public Access Cablecasting provide that the City shall give the cable operators sixty days written notice of any proposed amendment to the Rules and Procedures. Time Warner and Grande Communications have received the proposed amendments. Each cable operator has waived sixty days notice and has no objections to the proposed amendments. Page 1 of 2 Motion to amend, prior to second reading of ordinance amending Code of Ordinances, City of Corpus Christi, Chapter 55, regarding rules and procedures for public access cablecasting, to amend roles of city and cable operator and technical requirements. Summary of Changes recommended by staff after first reading of ordinance: 1. The definition of "Cable Communications Commission" is amended to read: "The Cable Communications Commission reviews tapes for violations at the request of the public access user, the cable operator, or the city. The Cable Communications Commission may recommend amendments to these Rules and Procedures." 2. DVD is not, at this time, one of the formats available for public access programming. 3. The City and the cable operator shall decide when to add or delete formats, based on recommendations from the public access user or the Cable Communications Commission. Previously, the Cable Communications Commission had authority to make this decision, based upon request from an access user group and the cable operator. 4. Technical Standards and Production Requirements, Identification, is amended to require 30 seconds of black at the beginning and end of the program. Previously, 60 seconds were required at beginning and end of tape. 5. Technical Standards and Production Requirements, Identification, is also amended to specify that the time used to display the required Program identification tag is included in length of program. 6 Occasional programming provided for a single broadcast may be shown upon availability of channel space. 7. The following sentence is deleted from Section 3, How Programs Are Scheduled: "Pursuant to rules established by the access user group, a user may substitute another program in place of the repeat program." 8. Section 3, How programs are scheduled, is amended to delete references to public access for occasional users. 9. Section 3, Forfeit of Time Slot, is amended, so that if producer fails to turn a tape in for three consecutive weeks, then the time slot is forfeited and the series will be removed from the timeslot schedule. Previously, if a producer failed to turn tape in for two weeks, the time slot was forfeited. 10. Section 6, Violation of rules, is amended to read as follows: Page 2 of 2 "A producer and his or her series with a program that violates Section 1 of these Rules and Procedures will be removed from the public access schedule by the City for the remainder of the lottery period. When a program is removed for a Section 1 rules violation, the Cable Operator will provide the tape and the tape box (if available) to the City of Corpus Christi. The City will provide notice to a producer with a Section 1 violation. A producer of a program that has been removed may request a review of the tape by the Cable Communications Commission for a determination of whether a Section I rules violation occurred. Such request must be submitted by the producer to the City Secretary within ten calendar days of receipt of violation notice. A series may continue with appropriate programming in compliance with these Rules and Procedures pending review." A producer and his or her series with a program that violates Sections 2 or 3 of these Rules and Procedures may be removed from the public access schedule by the Cable Operator for the remainder of the lottery period." C_ipy of Corpus Christi Legal Department Memorandum TO: FROM: DATE: Mayor and City Councilmembers Mary Kay Fischer, City Attorney February 4, 2005 SUBJECT: Update on Rules and Procedures regarding Public Access The purpose of this memo is to update you on the status of the proposed amendments to the rules and procedures regarding public access cablecasting. The proposed amendments have been reviewed by Grande Communications and Time Warner. Neither company has any objections to the proposed amendments. Second reading of the ordinance will be presented on February 15, 2005. The current Rules and Procedures for Public Access Cablecasting, found at City Code of Ordinances, Chapter 55, Article XVIII, Exhibit A, provide the following at Section 5: "These rules may be amended by City Council following recommendation from the cable commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days written notice of any proposed amendment to the rules and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator." This provision does not impose a requirement that the City Council must receive recommendation from the Cable Commission before the City Council amends the ordinance. Time Warner and Grande have each waived the 60 days notice. Please advise if there are any questions concerning this matter cc: George K. Noe, City Manager Feb 3 2005 MEMO DOC Lisa Aguila~r RE: Revised Or_dinance ........ __ _ Page 1 To: Date: Subject: "Kolda, Paula" <paula.kolda@twcable com> "Lisa Aguilar" <LisaA~cctexas,com> 2/3/2005 11:04:51 AM RE: Revised Ordinance Lisa, This additional sentence is acceptable. Time Warner waives the 60-day notice requirement for these proposed changes to the Rules and Procedures. Please proceed with the second reading of the ordinance with the approved char~ges, Tuesday, 2-8-05. So you need a hard copy letter or is this email sufficient? Paula Kolda, Public Affairs Manager Time Warner Cable - Corpus Chdsti 4060 South Padre Island Ddve Phone: 361-698-6269 Fax: 361-651-8958 paula kolda(~hvcable.com NOTICE: The information contained in this electronic mail transmission is intended by Time Warner Cable for the use of the named individual or entity to which it is directed and may contain information that is privileged or othen~vise confidenbat. If you have received this elecb'onic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by telephone (collect), so that the sender's address records can be corrected. ----Original Messego From: Lisa Aguilar [maiito:LisaAi~cctexas.cem] Sent: Thursday, February 03, 2005 10:13 AM To: Kolda, Paula Cc: Susan Cable Subject: Revised Ordinance Paula, Please review attached. One sentence was added to end of Section 6: "A producer and his or her sedes with a program that violates Sections 2 or 3 of these Rules and Procedures may be removed from the public access schedule by the Cable Operator for the remainder of the lottery period." No other changes were made. Please advise if this document meets with Time Warner approval. Also, please advise ii' Time Warner will provide written waiver of 60 days notice of proposed amendments. Thank you. Lisa Aguilar Assistant City Attomey City of Corpus Chdsfi 1201 Leopard Corpus Chdsti, Texas 78401 lisaa@cctexas.cem (361) 880-3378 Lisa Aguilar - RE: Revised Ordinance Page 2 "Confidential Attomey/Client Privileged Information" This transmission and any attachment(s) may contain confidential information from this office. This information is solely for the use by the individual named as the recipient_ If you are not the intended recipient, be aware that any disclosure, copying, distdbutk)n, or use of the contents of this transmission is prohibited. CC: "Susan Cable" <SusanC@cctexas,com> L~-.is_a ~g[Jilar i RE: Proposed ar~en~m~nt~ [o Rules and Procedure~ ~ -' . Page 1 I From: Michelle Johnson <Michelle. Johnson@corp.grandecom.com> To: 'Lisa Aguilar' <LisaA@cctexas.com>, Michelle Johnson <Michelle. Johnson@corpgrandecomcom> Date: 2/7/2005 11:42:01 AM Subject: RE: Proposed amendments to Rules and Procedures Yes, we approve. ----Original Message From: Lisa Aguilar [mailto:LisaA@cctexas.com] Sent: Monday, February 07, 2005 9:03 AM To: Michelle. Johnson~orp.grandecom.com Cc: Robert. Rendon~)corp.g randecom.com Subject: RE: Proposed amendments to Rules and Procedures Michelle and Robert, Please review attached One sentence was added to end of SecUon 6: "A producer and his or her sedes with a program that violates Sections 2 or 3 of these Rules and Procedures may be removed from the public access schedule by the Cable Operator for the remainder of the lottery period." No obher changes were made. Please advise if this document meets wffh Grande approval. Also, please advise if Grande will provide wdtten waiver of 60 days notice of this additional proposed amendment. Thank you. Lisa Aguilar Assistant City Attorney Cib/of Corpus Chdsti 1201 Leopard Corpus Christi, Texas 78401 lisaa@cctexas.com (361) 880-3378 "Confidential Attomey/Client Privileged Ini:ormation" This transmission and any attachment(s) may contain confidential information from this or'rice. This information is solely for the use by the individual named as the recipient. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents o[ this transmission is prohibited. >>> Michelle Johnson <Michelle. Johnson@corp.grandecomcom> 1/27/2005 12:10:48 PM >>> No objections to waive. thanks Lisa Aguilar- RE: Proposed ar~e~dments to RUI~S and Procedures __. page 2 .... Original Message From: Lisa Aguilar [mailto:LisaA@cctexas.com] Sent: Thursday, January 27, 2005 11:30 AM To: Michelle. Johnson@corp.grandecom corn Cc: Robert. Rendon~corp.g randecom.com Subject: RE: Proposed amendments to Rules and Procedures Michelle and Robert, There have been a few more proposed amendments to the Rules and Procedures. Please review attached. Please advise if you have any objections, and whether you again waive the 60 day notice for these changes too. Thank you. Lisa Aguilar Assistant City Attorney City o1: Corpus ChdstJ 1201 Leopard Corpus Christi, Texas 78401 lisaa@cctexas.com (361) 880-3378 "Conr'ldential Attorney/Client Privileged Information" This ffansm~ssion and any attachment(s) may contain confidential ini'ormation from this office. This in[ormatJon is solely [or the use by the individual named as the recipient Il:you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents oi' this transmission is prohibited. >>> Michelle Johnson <Michelle. Johnson~orp.grandecom.com> 1/27/2005 9:48:35 AM >>> Yes, we waive the 60 day notice. Original Messago From: Lisa Aguilar [mailto:LisaA@cctexas.com] Sent: Thursday, January 27, 2005 8:42 AM To: Michelle. Johnson(i~"-,orp.g randecom.com Cc: RobertRendon@corp.grandecomcom Subject: RE: Proposed amendments to Rules and Procedures Michelle and Robert, Section 5 of the Rules and Procedures provides that the City shall provide the cable operators with 60 days notice of any proposed amendment to the Rules and Procedures. Does Grande waive the 60 days notice of proposed amendments to the Rules and Procedures? Thank you. Lisa Aguiler Assistant City Attorney City of Corpus Christi 1201 Leopard Lisa Aguilar 2 RE: Proposed amendments t~ Rules anci ~roc~res Page 3 Corpus Chdsti, Texas 78401 lisaa@cctexas.com (361) 880-3378 "Confidential Attomey/Client Privileged Information" This transmission and any attachment(s) may contain confidential information from this ofrice. This information is solely for the usa by the individual named as the recipient. If you are not the intended recipient, be aware that any disch3sure, copying, distribution, or use of the contents of this transmission is prohibited. >>> Michelle Johnson <Michelle. Johnson@corp.grandecomcom> 1/24/2005 9:02:25 AM >>> No objections from Grande. Odginal Message--- From: Lisa Aguilar [mailto:LisaA@cctexas.com] Sent: Fdday, January 14, 2005 12:22 PM To: Michelle. Johnson@grandecomcom Subject: Proposed amendments to Rules and Procedures Good afternoon Michelle, Attached are proposad amendments to the Rules and Procedures regarding public access cablecastJng. They are scheduled for first reading consideration by City Council on Tuesday January 18, 2005. Thank you. Lisa Aguilar Assistant City Attorney City of Corpus Chdsti 1201 Leopard Corpus Chdsti, Texas 71~.01 lisaa@ectexas corn (361) 880-3378 "Confidential Attomey/Client Privileged Information" This transmission and any attachment(s) may contain confidential information from this office. This information is solely for the use by the individual named as the recipient. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. CC: Robert Rendon <Robert. Rendon@corp.grandecom.com> AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, REGARDING CABLE COMMUNICATIONS COMMISSION AND ACCESS USER GROUPS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE ClI'Y OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 2, Article IV, Division 17, Cable Communications Commission. Section 2-182, Duties, is amended to revise the duties of the Cable Communications Commission, to read as follows: "DIVISION 17. CABLE COMMUNICATIONS COMMISSION "Sec. 2-'182. Duties. '%he cable communications commission shall have the following powers and duties: (1) To advise the city council on adherence to the provisions of any franchise agreement approved by the city council and recommend regulations not inconsistent with the terms of such franchise. (2) To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) To work with accass uccr groupc to develop rulo& and regulations which are not in conflict with the terms of thc franchise agreement. (3) To review tapes at rec~uest of the public access user for violations of City Cede of Ordinances, Chapter 55, Article XVIII, Exhibit A, Section 1. (4) To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (6) Report annually to the council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions including amendments to the ordinance or franchise agreement. (7) To advise the city council on future applications for franchises. Jan 18 2005 Chapter 2 ordinance amd DOC (8) To acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (§) To certify access user councils, and reporting such certification to the city (10) To establish rules and regulations for use of public access channels until such time as a public access user council has been certified. (11) To approve tho rules and regulations of certified access user councils for use of access channels. (12) To resolve disputes concerning program content, allocation of access funding, channel space, channel time, and the usc of public access equipment and facilities. (13) To coordinate access activities of access users and user councils." SECTION 2. Chapter 2, Article IV, Division 17, Cable Communications Commission, Section 2-183, Access user councils, is repealed in its entirety. "Sec. 2-183. Access user councils. Repealed "(a) One (1) access user council may be established for governmental channel access, public higher educational channel access, other public education channel access, and each public access channel, respectively, by application to the cable communications commission chairperson and the crty secretary and certification by the cable communications commission. Upon certification, an access user council shall have the following duties and responsibilities: (1) To establish guidelines, rules and regulations for the use of applicable access channels, subject to approval by the cable communications commission. (2) To coordinate allocation of channel time and channel space for programming produced by users. (3) To coordinate training of individual access ucors in television production methods and techniqucc. (4) To report to tho cablo communications commicsion on the utilization of accocc channel cpace and access channel programming. (5) To promoto public awareness, use, and viewership of access television programming and actively scck additional memborship from among individuals or groups in the ac, c_,ess user council's area of interest. (6) To administer guidelines, rules and regulations for use of the appropriate access JAN 18 2005 CHAPTER 2 ORDINANCE AMD DOC (7) To review program content to ensure compliance with established laws, rules and regulations. (8) To establish its own bylaws concerning organization and decision making within thc access us, or council. A copy of such bylaws shall be submitted with the access user council's application for certification. Changes to such bylaws shall bo filed with thc chairman of the cable communications commission and the city secretary within thirty (30) days after any change occurs. (b) Membership on tho access user councils may bo composed of any individuals who are residents of Corpus Christi as well as representatives of various semmunity, public interest or neighborhood groups which arc located in Corpus Chdsti. Membership may also include, as appropriate, representatives of: (i) city departments; (ii) governmental entities; (iii) public institutions of higher Icarning; (iv) public independent school districts; or (v) religious organizations, all as more particularly described in subsection (c). All meetings of access user councils shall bc publicly posted on the public notices bulletin board of city hall and filed with the city secretary. Furthermore, all meetings of access user councils will be open to the public. (c) The acoess user councils should include, but not be limited to, the following: (1) Governmental access council. Membership may include interested city department heads, or their designated repcesentativos, and representatives of any governmental entity whose boundaries lie within the city limits. (2) Higher educational access council. Membership may include representatives of all public institutions of higher learning conducting classes within the city limits. (3) Other educational access council. Membership may include representatives of all public independent school districts Iocetcd in whole or in part within the city limits. (4) Reserved. (5) Public access council. Membership may include any individuals who are residents of Corpus Christi as well ac representatives of oommunity, public interest, or neighborhood groups which are located in Corpus ChristL Noh¥ithstanding any other provision of this section, representatives of franchised cable operators may bo members ef tho public access oouncil. (d) Access user councils are organized separately and independently from tho city and are not boards, commissions, committees or any other subdivision of the city." 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. JAN 18 2005 CHAPTER 2 ORDINANCE AMD DOC 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 Christi. 4 JAN 18 2005 CHAPTER 2 ORDINANCE AMD DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, 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 PASSED AND APPROVED, this the __ A%I-EST: ,2005 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2005. Armando Chapa City Secretary APPROVED: ~ Lisa Aguilar ~...2 Assistant City Attorney for City Attorney ,2005 Samuel L. NeaI, Jr. Mayor 5 Jan 18 2005 Chapter 2 ordinance amd DOC ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE;AND PROVIDING FOR PUBLICATION; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "Exhibit A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING SUMMARY OF ROLES/RESPONSIBILITIES/PROCESS Public access users: Individuals produce programming for cablecasting following specific participation rules and adhedng to production standards. To obtain a regular weekly or monthly timeslot, users participate in bi-annual public access timeslot lottery. These are called series users. For random placoment of nonrocurring show (i.o., a show that is not rogulady producod), Ur. ers submit tapcs, which are inserted in available timeslots by the PAUG. These aro callod Occasional Ucors. · Public acc, ecs ucor group (PAUG): Users organize themselvoc according to by laws, electing among themselves officers and a board of directors. Tho PAUG conducts Public access users must participate in a bi-annual public access timeslot lottery for each public aocesc channcl according to the rules and procedures~_, and uses those The results of the Iotte~ will be used to develop a public access schedule for each channel. The Channel 18 users qroup will conduct lotteries for Channel 18 public access users, collect and make available to cable operators the schedules and tapes for Channel 18, and administer the rules and procedures for Channel 18 users. The CiW of Corpus Christi will conduct lotteries for Channel 10 public access users, collect and make available to cable operators the schedules and tapes for Channel 10, and administer the rules and procedures for Channel 10 users. Tho PAUG receives and schedulos programming submittod by occasional uccrs. Feb 2005 Rulesupdate-2nd reading (v 2-3-05) DOC The PAUG collects and makes available cable operators tho schedules and tapes for each channel. The PAUG administers tho rules and prooedures.; users may appeal decisions of the PAUG board to tho cable commission and, after that, to city council. The PAUG may require series users to pay nominal fees to offset minor operational expenses. Tho amount of feec will bo voted on by users at the Spring time slot lottery. There may be a separate PAUG for each public access channel. Cable operators: Franchised cable operators :3ch provide plug-and-play of public access programming according to the lottery schedule_s providcd by the PAUG. Cable communications commission: The cable communications commission mediates any disputes brought to it by tho PAUG. reviews tapes for violations at the request of the public access user, the cable ooerator, or the Citv~. The. Cable Communi~tions Col~mis~,[or'j may recommend amendments to these Rules and Procedures. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Chdsti in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Chdsti. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the cable communications commission, City of Corpus Christi. with the consent of the cable operators. These rules may be amended by C6ity__Ccouncil. following recommendation from the cable commission or franchised cable operators in tho C~/of Corpus Christi. § I Rules for participation. Users must complete and sign an application and programming contract. In signing the programming contract, the user warrants that the Rules and Procedures will be observed, includincl the followincl: thc following rules will be obsorvod: All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted [hat requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is five minutes, Feb 2005 Rulesupdate-2nd reading (v 2-3-05).DOC No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No program shall be transmitted which contains obscene or indecent material. No program shall be transmitted which portravs a cdminal act. A41 programc mur~ in~ludo propor program idontifi~tion ac dofinod in cootion 4. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format: a. Users must transfer all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, Super VHS tapes, ~ or Consumer DV tape for cablecasting. b. All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional formats may be added to reflect current market use. The decision to add or delete formats will be made by the e_Cablo C, ommuniontiono _e~mmioc4on the City and Cable Operator_based upon a request from an access user ?=re"; :.'i.d.'or the oablo oporator(c)Cable Communications Commission. Labeling: All users must clearly label tapes as follows: On the top of the tape and on the sleeve of the tape box: a. Name of individual producer and organization (if applicable) and telephone number b. Title of the program c. Length of the program On the spine of the tape: Feb 2005 Rulesupdate-2nd reading (v 2-~05) DOC 4 a Title of the program Identification: Only one program may be recorded on a tape. a. There must be oithor 60 c, ooondc of color bars followod by 10 cooondc of black or 6~ 30 seconds of black at tho boginning of your program on your tape pdor to beginning of program. b. There must be ~ 30 seconds of black at the end of your program. c. In addition, ,aDrograms must include the program identification as defined in section 4. Length: a. All one-hour programs must be 59 minutes in length, including program ideotification tag.. b. All half-hour programs must be 29 minutes in length, including program identification tag. c. Occasional programming beyond 59 minutes (such as high school sporting events) er programming provided for a single broadcast, may be shown purc, u,.ant to ruloc ostablichod by tho oC_ablo o_C, ommunioationc o_C, ommiccion with consent of the cable operators aq(~.a.¥~ilabj[ity of channel space. Producers must submit an appliqation and contract with their request.. Deadline: The access user groups Channel 18 access user qroup and the City of Corpus Christi will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for sedes users. Time slots: Series programs are given a regular, weekly slot. Time slots are awarded during the semi-annual time slot lottery. Conflicts on requests for time slots will bo submitted to tho cablo commission for arbitration. Each user may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as providod in Soction 3, Lotteries and Schedules. I~urc, uant to ruloc octablichod b~! tho aooocc ucor group, a:ucor ma,/ c, ub~ituto anothor program in plaoo of tho ropoat program. Application: Preferably before two weeks prior to each bi-annual time slot lottery, but no later than the date of the timeslot lottery, each series user must submit a completed public access cablecasting application:_to their respcctivc access user group, and. provide current copies to cable operators, including thc following items: Channel 18 Feb 2005 Rulesupdate-2nd reading (v 2-3-05).DOC users will submit applications to the Channel 18 access user qroup, and Channel 10 users will submit applications to the City of Corpus Christi. Within two weeks after the lottery, current copies of the applications will be provided to cable operators, includinq the followinq items: a. User's name b. Program name c. Length of the program d. Frequency (weekly or monthly) e. Access channel (10 or 18) (Note: An individual user or organization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Lotteries and schedules: There are two lottery periods. The Spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The Fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. Users will attend the time slot lottery as noted in a and b below. Lotteries will be conducted as follows: a. The spring lottery is conducted on the fourth Thursday in April with the new time slots actually beginning on the first Sunday in June. bi The fall lottery is conducted on the fourth Thursday in October with the new time slots actually beginning on the first Sunday in December. The public access time schedule will be broken into 30-minute intervals. Each user will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until ail numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available time slot. After all users select time slots for their first-run shows, those requesting a repeat showing will then select their timeslots in same order as the initial time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. Feb 2095 Rulesupclate-2nd reading (v 2-3-05) DOC 6 One lottery will be executed for Channel 10 by the Channel 10 access user group City of Corpus Chdsti and one Iot/ery executed for Channel 18 by the Channel 18 access user group. Public access for occasional u.~ers. Single timoclotc of lengths ac noted r~bo~ in section 2, Length, will b3 :~zailoblo for oooacior~l uoorc on o first oomo~ firot served bar, is. Oooacionol users muo~ complete 3 publio aooocc ooblooocting applioation no later than two v,,ookc pdor to tho doc4rod oabloo,or.,ting dote and comply with all rules cot forth heroin. Fimt oomo, fir~ cowed ic determined upon roooipt by tho I;z.^MG coorotory, In nddition to 3 firr.,t run chowing~ a program ma? bo repeated nc chonno~ opooo '~llowo, not to oxoood one repeat per chow, A program may bo broodoaot ac 3n original in subsequent lottery periods. No programs will be scheduled during holidays. Forfeit of time slot If a series user fails to supply tapes for ~ three consecutive weeks for a weekly program, the user forfeits the timeslot for the remainder of that lottery pedod, and the ;r_~;r-~m series will be removed from the timeslot schedule. A sedes producer of a monthly program must supply a tape within the first two weeks of the new lottery schedule or forfeit the time slot for the remainder of that ~ottery period. After that, if a series user fails to supply a tape for a monthly program dudng the month of scheduled airing, the user forfeits the time slot for the remainder of that lottery period, and the ~.r.~r:..m series will be removed from the timeslot schedule. § 4 Defined terms. Channel 18 Access user group - As set forth in the City Code of Ordinances, section 2 183, mM_embership of the Channel 18 access user group is ,,may bo composed of public access users on Channel 18 any individuals who are residents of the cibj. ~ representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access ucor group. Channel 18 Aaccess user groups am is .organized separately and independently from the city and are isnot a boards, commissions, committees or any other subdivision of the city. One access user group may bo established for each public acc, ocs channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Cable Communications Commission - A C~ commission appointed by the Cib/Council and established in Section 2-180 of the City Code of Ordinances. The Cable Communications Commission may review tapes that have been removed for rule violations at the request of the user. the cable ooerator or [he City. Feb 2005 Rulesup<~a/e-2nd reading (v 2-3~5) DOC 7 Commercial programming -- Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The Ceable Ceommunications Ceommission has established guidelines concerning the advertisement of commercial products or services in an access program. Public access users must comply with these quidelines. Holidays - Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New YeaCs Day. Locally produced programming---means programming taped in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Program identification - The tag at the beginning and end of the program must bear the user name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") - This is the cable television channel or channels on which public access programs are cablecast, cUrrently Channels 10 and 18. Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi-annual timeslot renewal period. The block of time will be determined by each PAUG by calculating the number of users and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program - A program which was previously aired on any public access channel. Semi-annual time slot renewal period -- A period beginning April and October of each year, during which all who wish to request a series for the upcoming six months must submit an application. Series - A locally produced public access show from a single user. A series can be either weekly or monthly. User - Any adult resident of the city who, upon having paid any feos required by the acc, ess user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must include a local street residence address and a local contact telephone number along with valid identification (such as a driver's license). § 5 Amendments to rules and procedures for public access cablecasting. Feb 2005 Rulesupdate-2nd reading (v 2-3-05) DOC 8 These rules may be amended by Csit7 C6ouncil following recommendation from thc c3ble commission or franchised cable operators in tho city. The city shall give any cable operator .... , ~.,0) thirty (30) days' written notice of any proposed amendment to the rules and procedures for public access cablecasting In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the dghts of any cable operator become effective without the wdtten consent of that cable operator. § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of tho above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a user or program violates one or more of tho rules identified in section 1. Tho access user group will inform the user who produced thc program that ic the subject of the complaint of the specific Section I rule that has boon violated and of tho complaining pady'c name and contact information, if a complaint has bocn received from an individual or group. If a Section I rule has boon violated, tho Access User Group Board of Directors will mail written notice of tho violation to the user. Tho notification letter shall be cent to both the individual user and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to tho address provided in tho application. The ue, or may appeal the decision of lbo Access User Group Board of Directors to thc cable communications commission by physically delivering to tho r~ty secretary's office a wdtten notice o~ appeal on or before eight (8) calendar days from tho date the notification letter was mailed. Tho cable communications commission shall hold the hearing for appeal within thirty (30) calendar days from receipt by thc city secretary's office of tho notice of appeal Tho appcllant shall have at least throe (3) calendar days' notice of tho hearing. The access user group, tho city, and the appellant may present evidence. The commission shall promptly render its decision. ^ppcals of commission decision may bo made to tho city council in accordance with tho procedures specified in tho City Charter. If a second adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violntion, then tho user w~ll bo ineligible to use tho public access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule occurs within twelve (12) months after the first adjudicated violation, then thc user shall be ineligible to use the public access channels for one year. Periods of ineligibility to uso the public access channels shall commence and removal of a program from the public ac, oeec channel shall occur after the later of (a) thc last day on which a user may timely commence an appeal of a decision specificd in a notification letter; or (b) the date Feb 2005 Rulesupdate-2nd reading (v 2-3-05).DOC an appeal is concluded. A program finally determined to bo in violation cannot Dc transmitted again until the violation has boon remedied. Neither multiple cablecasts of a single program nor multiple violations of these rules in a single program shall form tho basic for more than one adjudicatcd violation of the above rules. b. Violations of Sections 2 or 3 and General Complaints (1) If a Ur, or or Access User Group Board of Directors has an internal complaint not covered by tho rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, tho User or Ar_,cecs User Group Board of Directors shall follow procedures established by their group's codified by laws. If a complaint is not resolved within seven (7) working days, a Uscr or Access User Group Board of Directors shall submit the complaint, by o mail or delivered in writing, to the Cablc Communications Commission, and the item shall be placed on tho agenda for tho next scheduled Cable Communications Commission mooting. (2) If a User or Across User Group Board of Directors has a complaint rcgarding a cablc providcr, that complaint shall bo submitted, by email or delivered in writing, within throe (3) working days, from a User to tho Access User Group and then from the Access User Group Board of Directors to the cable provider within throe (3) working days. The cable provider shall respond, by email or delivered in wdting, within three (3) working days. If a complaint is not resolved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to tho Cable Communications Commission, and the item shall bo placed on thc agenda for the next scheduled Cable Communications Commission meeting. (3) If a cable provider has a complaint regarding a User or Access User Group, tho cable provider shall submit tho complaint, by omail or delivered in writing, within throe (3) working days to the Access Ucor Group Board of Directors. The access Ucor Group Board of Directors shall submit a response, by email or delivered in writing, tho cable operator within seven (7) working days. If a complaint is not resolved within seven (7) working days, the cable provider shall submit the complaint, by email or delivered in writing, to the Cable Communications Commission, and tho item shall bc placed on tho agenda for tho next scheduled Cable Communications Commission meeting." A producer and his or her series with a ~ pro~lrame that violates Section 1 of these Rules and Procedures will be removed from the public access schedule bv the O;:.':t:r City for the remainder of the lottery pedod. VVhen a proaram is removed for a Section 1 rules violation, the Cable Operator will provide a cop,/of a the tape and the tape box (if available) to the City of Corous Christi. The City will provide notice to a prodg.~r with a Section 1 violation. A producer of a proaram that has been removed may request a review of the tape by the Cable Communications Commission for a determination of whether a Section 1 rules violation occurred. Such request must be submitt_ed by the produ~.r to the City Secretary within ten calendar days of receipt of violation notice, A series may cor~tinue with apprq~priate programming in compliance with these Rules and Procedures pending review. Feb 2005 Rulesupdate-2nd reading (v 2-3-05) DOC 10 A oroducer and his or her series with a [~roaram that violates Sections 2 or 3 of these Rul~s ~nd Procedures may be removed from the public access schedule by th.~ Cable O_P~rator for the remainder of the lottery period, 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 Christi. This ordinance shall take effect upon its publication, or upon the date of its final passage, whichever occurs first. Feb 2005 Rulesupdate-2nd readir~g (v 2-3-05) DOC Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, 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 PASSED AND APPROVED, this the A'I-rEST: ,2005 by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott __ day of ,2005. Armando Chapa City Secretary APPROVED: ~'~'~. 7 Lisa Aguilar~'-' Assistant City A~orney for Ci~ A~orney ,2005 Samuel L. NeaI, Jr. Mayor 11 Feb 2005 Ruh~supdat~2nd reading (v 2.3-05).DOC