HomeMy WebLinkAboutAgenda Packet City Council - 03/29/2005
CITY COUNCIL AGENDA
MARCH 29, 2005
Corpus Christi
All-America CilV
11 :45 a.m. - Proclamation declaring March 28 - April 3, 2005 as "National Community Development Week"
Proclamation declaring April 3-9, 2005 as "National Boys & Gins Club Week"
Proclamation declaring April 4-10, 2005 as" Public Health Week 2005"
Proclamation declaring the month of March as "Cesar Chavez Month"
Proclamation declaring the month of March as "American Red Cross Month"
Proclamation declaring the month of April as "Sexual Assault Awareness Month"
Proclamation declaring "Selena - A Day of Remembrance"
Commendations - Clowns Who Care
Commendations - Texas A&M University - Corpus Christi Islanders Basketball Teams (Men and Women)
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MARCH 29, 2005
10:00 A.M.
PUBLIC NOTICE. THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of fhe audience will be provided an opporfunity 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 minutes. If you have a petition or other information perfaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas
del Concilio para ayudar/e.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact/he City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuell. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Damon Reider, Wesley United Methodist Church.
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 Tern 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
Agenda
Regular Council Meeting
March 29, 2005
Page 2
E. MINUTES:
1. Approval of Regular Meeting of March 22, 2005. (Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as
motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure rather
than a two reading ordinance; or may modify the action specified. A
motion to reconsider may be made at this meeting of a vote at the last
regular, or a subsequent special meeting; such agendas are incorporated
herein for reconsideration and action on any reconsidered item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it has
been discussed at a previous meeting. All items will be acted upon by one vote
without being discussed separately unless requested by a Council Member or a
citizen, in which event the item or items will immediately be withdrawn for
individual consideration in its normal sequence after the items not requiring
separate discussion have been acted upon. The remaining items will be adopted
by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2. Motion approving the purchase of three heavy trucks in accordance
with Bid Invitation No. BI-0063-05 from the following companies for
the following amounts based on low bid for a total amount of
$168.365,85. All three units are replacements. Funding is available
from the FY 2004-2005 Capital Outlay Budget in the Maintenance
Services Fund. (Requires 2/3 Council Vote) (Attachment # 2)
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agenda summary)
Agenda
Regular Council Meeting
March 29, 2005
Page 3
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FleetPride International
Corous Christi. TX
1 Unit
$76,221.85
Champion Ford
Corous Christi. TX
2 Units
$92,144
Grand Total: $168,365.85
3. Motion approving the purchase of a forensic comparison
macroscope from Meyer Instruments, Inc., of Houston, Texas in
accordance with Bid Invitation No. BI-0083-05, based on only bid for
a total amount of $79,315. This equipment will be used by the
Police Department. Funding is available from the Project Safe
Neighborhood Police Grant. (Requires 2/3 Council Vote)
(Attachment # 3)
4. Resolution authorizing the City Manager or his designee to submit
a grant application in the amount of $12,413 to the State of Texas,
Office of the Governor, Criminal Justice Division for the Juvenile
Accountability Incentive Block Grant Program to reduce juvenile
delinquency, improve the juvenile Justice system, and increase
accountability of juvenile offenders, with the City match of $1,379 in
the No. 1020 General Fund, a total project costs of $13,792.
(Attachment # 4)
5.a. Resolution authorizing the City Manager or his designee to accept
a grant in the amount of $69,538 from the Federal Emergency
Management Agency (FEMA) for the purchase of industrial
firefighting equipment and specialized training. (Attachment # 5)
5.b. Ordinance appropriating $69,538 from the Federal Emergency
Management Agency's Assistance to Firefighters Grant Program for
industrial firefighting equipment and specialized training in the No.
1062 Fire Grants Fund. (Requires 2/3 Council Vote)
(Attachment # 5)
6.a. Resolution authorizing the City Manager or his designee to accept
a Clean Cities Grant from the State Energy Conservation Office in
the amount of $17,500 for development of a Clean Cities Program
and related services. (Attachment # 6)
Agenda
Regular Council Meeting
March 29, 2005
Page 4
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6.b. Ordinance appropriating $17,500 from the State Energy
Conservation Office in the NO.1 071 Community Enrichment Grants
Fund for development of a Clean Cities Program and related
services. (Requires 2/3 Council Vote) (Attachment # 6)
7. Motion authorizing the City Manager or his designee to execute
Amendment No. 2 to the Contract for Professional Services with
Martinez, Guy & Maybik, of Corpus Christi, Texas in the amount of
$118,608 for a total restated fee of $289,621 for the Water Main
Improvements: Leopard Street and Third Street project. (Requires
2/3 Council Vote) (Attachment # 7)
8. Motion authorizing the City Manager to execute a Deferment
Agreement with Shaws Development Joint Venture, of Corpus
Christi, Texas in the amount of $34,823.68 for the construction of
public concrete sidewalks along Goodnight Loving Trail, Chisolm
Trail and Gallop Trail within the Northwest Crossing Unit 4
subdivision located south of Leopard Street, west of Rand Morgan
Road, in accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3.(b). (Requires 2/3 Council Vote)
(Attachment # 8)
9. Motion authorizing the City Manager to execute a Deferment
Agreement with Mr. Armando Ortiz (Developer), in the amount of
$148,470 for public improvements including street pavement, curb,
gutter and sidewalks, sanitary and storm sewer lines and water main
to serve Industrial Technology Park Unit 2 subdivision, in
accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3.(b). (Requires 2/3 Council Vote)
(Attachment # 9)
10.a. Motion approving the Water Distribution Grid Main Construction and
Reimbursement Agreement submitted by Baybreeze Development,
L.P., owner and developer of Monte Verde at Terra Mar Unit 1
subdivision located east of the future extension of Ennis Joslin Road
south of Holly Road for the installation of 1,090 linear feet of a 12-
inch PVC water distribution grid main. (Requires 2/3 Council Vote)
(Attachment # 10)
10.b. Ordinance appropriating $61,683.50 from the Water Arterial
Transmission and Grid Main Trust Fund No. 4030-540450 to pay
developer reimbursement request for the installation of 1,090 linear
Agenda
Regular Council Meeting
March 29, 2005
Page 5
feet of a 12-inch PVC water distribution grid main to develop Monte
Verde at Terra Mar Unit 1. (Requires 2/3 Council Vote)
(Attachment # 10)
11. First Reading Ordinance - Amending Section 10-86, Code of
Ordinances, City of Corpus Christi, and the Corpus Christi, Texas,
Dune Protection and Beach Access Regulations to adopt the City of
Corpus Christi Beach User Fee Plan; increasing the beach parking
permit fees; providing for penalties. (Attachment # 11)
12. Second Reading Ordinance - Approving the FY 2005 Capital Budget
in the amount of $178,074,800. (First Reading 3/22/05)
(Attachment # 12)
I. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
13. Update on Buc Days 2005 (Attachment # 13)
14. Second Quarter Report of the Health Benefits/Risk Management
Fund (Attachment # 14)
J. PUBLIC HEARINGS:
15.a. Public hearing to consider abandoning and vacating an 81,172-
square foot portion of an undeveloped and unsurfaced 60 foot wide
dedicated public right-of-way out of Lots 5 and 12, Section 5, Range
VIII, Gugenheim and Cohn's Farm Lots (intersecting with the
southern portion of the Junior Beck Drive right-of-way, south of Bear
Lane). (Attachment # 15)
15.b. Ordinance abandoning and vacating an 81,172-square foot portion
of an undeveloped and unsurfaced 60 foot wide dedicated public
right-of-way out of Lots 5 and 12, Section 5, Range VIII, Gugenheim
and Cohn's Farm Lots (intersecting with the southern portion of the
Junior Beck Drive right-of-way, south of Bear Lane);subject to
owner's compliance with the specified conditions. (Attachment #
15)
ZONING CASES:
16. Case No. 0205-01. Advanced Housino Alternatives Corooration: A
change of zoning from a "R-2" Multiple Dwelling District to an "A-2"
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PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
March 29, 2005
Page 6
Apartment House District. The property is in Woodlawn Subdivision,
Block 2, Lots 8A and 8B, located along the southeast corner of
Mueller Street and Erwin Avenue. (Requires 2/3 Council Vote)
(Attachment # 16)
Planning Commission and Staffs Recommendation: Approval of
the "A-2" Apartment House District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Advanced
Housing Alternatives Corporation by changing the zoning map in
reference to the Woodlawn Subdivision, Block 2, Lots 8A and 8B
from "R-2" Multiple Dwelling District to "A-2" Apartment House
Dwelling District; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
17. Case No. 0205-02. Kiko's Restaurant: A change of zoning from a
"R-1B/SP" One-family Dwelling District-Special Permit and "AB"
Professional Office District to a "B-1" Neighborhood Business
District. The property is in Gardendale Subdivision, Block 3, Lots 3
and 18, located east of Everhart Road and north of Cain Drive and
south of Bonner Drive. (Requires 2/3 Council Vote) (Attachment
# 17)
Planninq Commission and Staffs Recommendation: Denial of the
"B-1" Neighborhood Business District, and in lieu thereof, approval
of a new Special Permit on Lot 3 and a Special Permit on Lot 18,
subject to eight (8) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Kiko's
Restaurant by changing the zoning map in reference to the
Gardendale Subdivision, Block 3, Lots 3 and 18 (currently zoned "R-
1 B"/SP One-family Dwelling District with a Special Permit and "AB"
Professional Office District) by granting a Special Permit for a
banquet hall and parking lot subject to eight (8) conditions;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
March 29, 2005
Page 7
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agenda summary)
18. Case No. 0205-03. Steven Krol: A change of zoning from a "R-1 B"
One-family Dwelling District to a "B-1" Neighborhood Business
District, resulting in a land use change from low-density residential
to a neighborhood business in Alameda Park Subdivision, Block 6,
Lot 22, located along the northeast corner of Everhart Road and
Harry Street. (Requires 2/3 Council Vote) (Attachment # 18)
Planninq Commission and Staffs Recommendation: Denial of the
"B-1" Neighborhood Business District, and in lieu thereof, approval
of an "AB" Professional Office District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Steven Krol
by changing the zoning map in reference to the Alameda Park
Subdivision, Block 6, Lot 22 from "R-1 B" One-family Dwelling District
to "AB" Professional Office District; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive
Plan.
19. Case No. 0205-04. BL Real Estate Holdinq ComDanv: A change of
zoning from a "R-1 C" One-family Dwelling Districtto a "B-2" Bayfront
Business District on Tract 1 and "R-1 C" One-family Dwelling District
to an "AT" Apartment Tourist District on Tract 2. The property is in
Tyler Subdivision, Block 1, Lots 2 and 12, and Block 2, Tract C,
located east of Laguna Shores Drive, north of Wyndale Drive and
Claudia Street. (Requires 2/3 Council Vote) (Attachment # 19)
Planninq Commission and Staffs Recommendation: TRACT 1:
Denial of the "B-2" Bayfront Business District on Tract 1, and in lieu
thereof, approval of a Special Permit for an event center subject to
eight (8) conditions and site plan. TRACT 2: Approval of the "AT"
Apartment-Tourist District on Tract 2.
ORDINANCE
Amending the Zoning Ordinance, upon application by BL Holding
Company by changing the zoning map in reference to the Tyler
Subdivision, Block 1, Lots 2 and 12 referred to as Tract 1, and Tyler
Subdivision, Block 2, Tract C referred to as Tract 2, (currently zoned
"R-1 C" One-family Dwelling District) by granting a Special Permit for
an event center subject to eight (8) conditions and site plan for Tract
Agenda
Regular Council Meeting
March 29, 2005
Page 8
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1 and by changing the zoning on Tract 2 from "R-1C" One-family
Dwelling District to "AT" Apartment Tourist; amending the
Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
K.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
20. Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Maverick Engineering, Inc.,
of Corpus Christi, Texas in the amount of $187,266 for the Corpus
Christi International Airport Industrial Park, Phase 1 (Access Road
and Utilities). (Requires 2/3 Council Vote) (Attachment # 20)
L. 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 YOU PLAN TO
ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE
SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER,
GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made
of the meeting: therefore, please speak into the microphone located at the podium
and state your name and address. If you have a petition or other information
pertaining to your subject, please present it to the City Secretary.)
Si usfed se dirige a la junta y cree que su ingles es limitado, habr;3 un inter prete
ingles-espafJol en la reuni6n de la junta para ayudar/e.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERA TE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS
POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST
AMENDMENT RIGHTS.
M. 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
Agenda
Regular Council Meeting
March 29, 2005
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Open Meeting Act, Chapter 551 of the Texas Government Code, and that
the City Council specifically expects to go into executive session on the
following matters. In the event the Council elects to go into executive
session regarding an agenda item, the section or sections of the Open
Meetings Act authorizing the executive session will be publicly announced
by the presiding office.
21. Executive session under Texas Govemment Code Section 551.071
regarding Cause No. 04-06556-A, City of Corpus Christi, Texas vs.
Air Liquide America, L.P., et ai, in the District Court of Nueces
County, Texas, 28th Judicial District, with possible discussion and
action related thereto in open session.
N. REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from
Staff; reports of activities of individual Council members and Staff;
constituent concems; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
22. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 79'h Texas
Legislature.
23. CITY MANAGER'S REPORT
.
Upcoming Items
24. MAYOR'S UPDATE
25. COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
Agenda
Regular Council Meeting
March 29, 2005
Page 10
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
~y Hall, 1201 Leopard Street, at ;?l.: 2>0 p.m.,
(11.V-c:! h ~ 6) , 2005.
(7AfLMaf'OlAJ ~O
Armando Chapa ~
City Secretary
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. Iftechnical problems
occur, the agenda will be uploaded on the Internet by Monday
morning.
Symbols used to highlight action item that implement council
priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 22, 2005 - 10:00 a.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tern Bill Kelly
Council Members:
Javier Colmenero
Brent Chesney
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Mark Behrendt 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 Neal called for approval of the minutes of the regular Council meeting of March
8,2005. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
23. 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 ai, in the District
Court ofNueces County, Texas, 28th Judicial District, with possible discussion and action
related thereto in open session.
24. Executive session under Texas Government Code Section 551.071 regarding permitting
issues related to the Allison Wastewater Treatment Plant, with possible discussion and action
related thereto in open session.
25. Executive session under Texas Government Code Section 551.071 regarding permitting
issues related to the Greenwood Wastewater Treatment Plant, with possible discussion and
action related thereto in open session.
26. Executive session under Texas Government Code Section 551.071 regarding legal issues
relating to the acquisition of property for a new wastewater treatment plant to replace the
Broadway Wastewater Treatment Plant, with possible discussion and action related thereto
in open session.
The Council went into executive session. The Council returned from executive session and
the following items were passed with the following vote:
Minutes - Regular Council Meeting
March 22, 2005 - Page 2
23. ORDINANCE NO. 026181
Appropriating $76,800 from the unappropriated settlement proceeds from Gulfterra Energy
Partners, L.P. in City Hall CIP Fund 3160; transferring $76,800 to and appropriating in
General Fund 1020 Legal Services for professional services to obtain compensation from
pipeline companies for use of city property; amending 2003-04 Capital Budget adopted by
Ordinance 025647 to increase appropriations by $76,800; amending FY 2004-05 Operating
Budget adopted by Ordinance 025878 to increase appropriations by $76,800; transferring
$107,000 appropriated in Ordinance 025978 in General Fund 1020 Legal Services for
professional services; and declaring an emergency.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
25. MOTION NO. 2005-101
Motion authorizing the City Manager to execute a legal services agreement with Martin
Rochelle of Lloyd , Gosselink, Blevins, Rochelle & Townsend, P.C., to provide legal services
related to renewal and modification of the TPDES permit for the Greenwood WWTP, at an
hourly rate that does not exceed $250.00, plus expenses subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
26. MOTION NO. 2005-102
Motion authorizing the City Manager to execute an amendment to the legal services
agreement with Michael J. Nasi of Lloyd, Gosselink, Blevins, Rochelle & Townsend, P.C.,
to provide legal services related to environmental issues involved with the acquisition of a
site for a new wastewater treatment plant to replace the Broadway WWTP, at an hourly rate
of $210.00, plus expenses (including the hiring of environmental consultants), subject to
certification of funds.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Neal referred to Item 2 and the following board appointment was made:
AiTJlort Board
William D. Dodge III
*************
Mayor Neal called for consideration of the consent agenda (Items 3-17). City Secretary
Minutes - Regular Council Meeting
March 22, 2005 - Page 3
Chapa announced that Council Member Kelly was abstaining /Tom the vote and discussion on Item
13. Council members requested that Items 6 and 9 be discussed. There were no comments /Tom the
public. A motion was made and passed to approve Items 3 through 17, constituting the consent
agenda, except for Items 6 and 9, which were pulled for individual consideration. City Secretary
Chapa polled the Council for their votes as follows:
3.a. ORDINANCE NO. 026174
Ordinance approving transfer of $8,370.23 /Tom Water Fund No. 4010, $3,472.36 /Tom
Wastewater Fund No. 4200, and $36.55 /Tom Gas Fund No. 4130; to an appropriating in
General Fund No. 1020 for Central Cashiering Surveillance System; amending Budget
adopted by Ordinance No. 025878 to increase revenues and appropriations by $11,879.14
each.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott. voting "Aye".
3.b. MOTION NO. 2005-090
Motion approving the purchase of a surveillance system for Central Cashiering /Tom Total
Protections Systems, Inc., of Corpus Christi, Texas in the amount of$36,551.21 based on
the Cooperative Purchasing Agreement with the State of Texas. Funds are available in the
Water, Wastewater and Gas Utility Funds and Central Cashiering Operations Budget for FY
2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison. Noyola and Scott, voting "Aye".
4. MOTION NO. 2005-091
Motion approving a supply agreement for approximately 400,000 gallons of emulsified
polymerized asphalt (HFRS-2P) in accordance with Bid Invitation No. 81-0067-05 with
Koch Materials Company, of Corpus Christi, Texas based on only bid for an estimated
annual expenditure of $472,000. The term of the supply agreement will be for twelve
months with an option to extend for up to two additional twelve-month periods subject to
the approval of the supplier and the City Manager or his designee. Funds have been
budgeted by Street Services in FY 2004-2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
March 22, 2005 - Page 4
5. MOTION NO. 2005-092
Motion approving the purchase of body armor protective vests from Manny Trevino
Enterprises, of San Antonio, Texas in accordance with Bid Invitation No. Bl-0025-05 based
on low bid meeting specifications for the total amount of $44,037.36. Funds are available
from the Law Enforcement Trust Fund.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
7.a. RESOLUTION NO. 026176
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services (DSHS) in the amount of $89,782 for diabetes
prevention and management services.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
7.b. ORDINANCE NO. 026177
Ordinance appropriating a grant from the Texas Department of State Health Services
(DSHS) in the amount of $89,782 in the No. 1066 Health Grants Fund for diabetes
prevention and management services.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
8. MOTION NO. 2005-093
Motion authorizing the City Manager or his designee to execute Change Order No. 7 to a
contract with Jalco, Inc., of Houston, Texas in the amount of $233,309.66 for the
NorthsidelPort Area Infrastructure Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10. MOTION NO. 2005-095
Motion authorizing the City Manager or his designee to execute Change Order No.5 to the
contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of
$27,968.60 for the City Hall Renovation and Space Utilization.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
March 22, 2005 - Page 5
Il.a. ORDINANCE NO. 026178
Ordinance appropriating $3,682.45 from interest earnings into the Street 1995 B Capital
Improvement Program Fund No. 3538 for the Advanced Fund Agreement Sidewalk
Accessibility Improvement Project with Texas Department of Transportation (TxDOT);
amending the Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $3,682.45.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Il.b. MOTION NO. 2005-096
Motion authorizing the City Manager or his designee to increase the escrow amount of the
Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in
the estimated amount of $216,355.10 for construction of barrier free ramps and sidewalks
at selected street locations associated with the Sidewalk Accessibility Improvements project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
12. MOTION NO. 2005-097
Motion authorizing the City Manager or his designee to execute Amendment No.4 for
construction and management services with Anderson Group Construction Management,
Inc., of Corpus Christi, Texas in the amount of $750,000 for various Capital Improvement
Projects associated with the 2005 Capital Budget.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
13. MOTION NO. 2005-098
Motion authorizing the City Manager or his designee to execute Change Order No.5 with
the Construction Manager at Risk contract with FuIton/Coastcon and Hunt Construction
Group, Joint Venture, of Corpus Christi, Texas and Indianapolis, Indiana in the amount of
$297,004 for installation of additional improvements at Whataburger Field and increasing
the Guaranteed Maximum Price to $23,090,826 for construction for the Professional Minor
League Baseball Stadium.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
Minutes - Regular Council Meeting
March 22, 2005 - Page 6
14. ORDINANCE NO. 026179
Ordinance rescinding Ordinance No. 025965 which authorized the abandoning and vacating
of a 27,082-square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated
public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island
Drive, out of Lot A, Block 2 and Lot A, Block 3, Southbay Addition Annex. (Ordinance No.
025965 was approved by Council on September 21, 2004)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
15. ORDINANCE NO. 026180
Ordinance abandoning and vacating a 9,498.1 O-square foot portion of a 10- foot wide utility
easement out of Lot I, Section 2, Nueces River Irrigation Park, located south of Northwest
Boulevard (Fann-to-Market Road 624), west of County Road 69; subject to compliance with
the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
16. MOTION NO. 2005-099
Motion to amend Ordinance No. 026123 ordering a General Election by amending
Attachment B Mobile Voting Schedule to provide for Mobile Voting at Island Presbyterian
Church, 14030 Fortuna Bay.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
] 7. MOTION NO. 2005-] 00
Motion approving the application from the Buccaneer Commission to temporarily close the
following street sections for the 4th Annual "Buc Days BBQ Challenge and Rodeo" Festival,
April 7, 2005 through April] 7,2005, and the annual Buccaneer Days Carnival.
1. The temporary street closures of both legs of Shoreline Boulevard, northbound and
southbound from the north side of Power Street to the South Texas Art Museum for the 4th
Annual Buc Days Rodeo and BBQ Challenge beginning at 8:00 a.m., April 7, 2005 to 4:00
p.m., April 17, 2005.
2. Additionally, Palo Alto and Fitzgerald Streets from southbound Shoreline Boulevard to
Water Street will require temporary closures for the annual Buc Days Rodeo and BBQ
Challenge beginning at 8:00 a.m, April 7, 2005 to 4:00 p.m., April!7, 2005.
Minutes - Regular Council Meeting
March 22, 2005 - Page 7
3. In cooperation with the Texas Department of Transportation, North Broadway, including
the area under United States 181 Harbor Bridge. between Fitzgerald and Brewster Streets
will require temporary closure for staging of professional rodeo cowboy trucks and trailers
beginning Tuesday, April 12, 2005 beginning at 8:00 a.m. through Sunday, April 17, 2005
to 9:00 p.m..
4. Temporary closure of north portion of Fitzgerald Street between North Broadway and
Mesquite beginning at 8:00 a.m. on Tuesday, April 12, 2005 to Sunday, April 17, 2005 no
later than 9:00 p.m.
5. Temporary street closure of Park A venue between southbound and northbound Shoreline
Boulevard from April 18, 2005 through 5:00 p.m., May 2, 2005 for the purpose of setting
up the annual Buccaneer Days Camival.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 6 regarding a Justice Assistance Grant (JAG) to be
shared between the city and Nueces County. Mr. Kelly cited this item as an example of successful
cooperation between the city and county, and he asked for more information. City Manager Noe
replied this was a federal grant that required cooperation and sharing between the law enforcement
agencies of the city and the county. He said the city had developed a long-standing relationship with
the Nueces County Sheriffs Department to a 50-50 split of the allocation. Police Commander Brian
Uhler added the federal government had recently changed a number of rules that now required a
joint application indicating which entity would serve as the applicant/fiscal agent for the joint funds.
He said staff met with county representatives, and drafted an agreement that stipulated the city
would serve as the lead agency on the grant. Mr. Randy Stoneroad, Police Legal Advisor, stated
staffs meeting with the county was very productive, resulting in the Nueces County Commissioners
Court's prompt approval ofthe application within 24 hours. City Secretary Chapa polled the Council
for their votes as follows:
6. RESOLUTION NO. 026175
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
between the City of Corpus Christi, Texas (City) and Nueces County, Texas (County) to
establish terms for sharing funds from the 2005 Edward Byrne Memorial Justice Assistance
Grant (JAG) Program Award and approving the submission of a grant application in the
amount of $258,284 to the United States Department of Justice, Bureau of Justice
Assistance, for funds available under the FY 2005 JAG Grant, whereas 50% of funds
received under said grant will be retained by the City and 50% will be distributed to the
County; all funds to be used by Corpus Christi Police Department and Nueces County
during FY 2005-2006 for the enhancement of law enforcement.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 9 regarding the contract for the Police and Fire Public
Minutes - Regular Council Meeting
March 22, 2005 - Page 8
Safety Training Facility, Phase I. Mr. Kelly highlighted the fact the city was moving forward with
the Police and Fire Training Center, contrary to popular belief. Mr. Noe stated he had heard the
same reports, but there actually was ongoing construction at the site. Assistant Director of
Engineering Services Kevin Stowers stated the estimated construction completion time for the
project was at the end of April. Mr. Noe pointed out staff had mistakenly attached the wrong
background information for this item in the agenda book. Mr. Stowers stated he had replacement
materials available for the Council, and distributed them. City Secretary Chapa polled the Council
for their votes as follows:
9. MOTION NO. 2005-094
Motion authorizing the City Manager or his designee to execute Change Order No. I to the
contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of$52,270
for installation of an irrigation system and hydromulch seeding for the Police and Fire
Public Safety Training Facility, Phase 1.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly. Kinnison, Noyola and Scott, voting "Aye".
*************
Mayor Neal referred to Item 18.a., and a motion was made, seconded and passed to open the
public hearing on the following variance request:
18.a. Public hearing on request for a variance to operate an establishment with on-premise
consumption of alcoholic beverages.
Assistant Director of Development Services Michael Gunning reported the Council tabled
this case on February 15, 2005 to allow the applicant an opportunity to meet with the Tuloso-
Midway Independent School District (TMISD) officials, who were opposed to the variance request.
Mr. Gunning stated the applicant was Mr. Benigno Sanchez, owner ofthe Casa Del Sol Restaurant,
formerly known as Chela's Restaurant.
Mr. Gunning stated that on February 15, staffhad recommended the approval of the variance
to allow the applicant to serve beer and wine with meals at the restaurant, which had been in
business since the early 1970s. He noted staff had notified all property owners within 300 feet of
the subject property requesting the variance. Staffhad not received any notices opposing the request
at the time of the meeting. Mr. Gunning stated, however, that TMISD Superintendent Dr. Karen
Rue had since submitted a letter expressing the school district's firm opposition to any alcohol
consumption in such close proximity to their middle school (60 feet). She said the school did have
after school activities which continued from the early morning hours to the evening. Mr. Gunning
also understood the Baptist church located within 300 feet ofthe restaurant was also opposed to the
variance request, although he had not received written notice regarding their position. Thus, Mr.
Gunning stated staff was now recommending the denial of the variance request.
Mayor Neal asked for public comment. Pastor John McAllister of Gateway Baptist Church
stated his church was firmly opposed to the variance request due to safety concerns related to the
Minutes - Regular Council Meeting
March 22, 2005 - Page 9
potential increase in intoxicated drivers in the area if the variance was approved.
Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed.
Mr. Noyola spoke in favor of granting the variance request. He pointed out that there had been no
reported alcohol-related problems at Chela's Restaurant in the past. He said most patrons went to
the restaurant to dine, and thus, alcohol consumption was incidental. He did not believe granting
the variance would lead to an increase in intoxicated drivers.
Mr. Kelly spoke against granting the variance request. He said it was unclear to him ifbeer
and wine sales were a significant part of the new applicant's business plan. He said it was clear,
however, that the school district, the church, and the community were solidly opposed to the
variance request. City Secretary Chapa polled the Council for their votes as follows:
18.b. FAILED
RGbolut;vu 51a..ul;ug, a VUl;aiJG"", uuJG! S,-",t;on 4-5(F) oftl!", Cod"" VfOldina.11\..<(,;:t, to DGU;5uO
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Sh",,,,t.
The foregoing resolution failed with the following vote: Noyola, voting "Aye"; Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "No".
*************
Mayor Neal referred to the presentations on the day's agenda. The first presentation was a
quarterly report from Work-Force I. Ms. Irma Caballero, Work-Force I Chairman of the Board,
introduced Ms. Mary Ann Rojas, the new President of the Work-Force I Board. Ms. Rojas was
formerly the President of the Work-Force I Board in Lubbock, Texas, and under her leadership, this
board was ranked second in the State. Ms. Caballero stated the Board felt she was the best candidate
to move the organization forward in their regional economic development efforts.
Ms. Rojas reported on a number of Work-Force I initiatives. On March 3 I, Work-Force I
was hosting a regional employer forum. She explained the forum was a result of one of the
initiatives from the Governor's Office, which promoted grouping area industries into clusters to
determine the priorities for each industry. In the Corpus Christi area, Ms. Rojas stated the energy
cluster and the petrochemical cluster were dominant. She suggested the Council encourage any
individuals working in these clusters to attend this forum. The information gathered from the forum
would be submitted to the Govemor's Office in a full report.
Ms. Rojas reported on a second initiative, a grant award to study re-employment and
eligibility assessment for unemployment insurance claimants. She said the Coastal Bend was one
of the workforce areas selected as part of this study, which will look at ways to bring unemployed
individuals back into the workforce more quickly. Ms. Rojas said the potential unemployment
insurance saving to the Corpus Christi employers was $582,960, and approximately $3 million in
Texas.
Ms. Rojas briefly discussed a number of future initiatives as follows: to achieve greater
Minutes - Regular Council Meeting
March 22, 2005 - Page 10
community engagement; to develop strategies for increasing awareness in the business community;
to coordinate economic development between the region's urban and rural areas; to streamline Work-
Force I operations; and to make improvements to Work-Force I facilities and infrastructure.
Mayor Neal welcomed Ms. Rojas to the Corpus Christi area, and he thanked her for the
report.
*************
The second presentation was the 2,d Quarter FY 2004-2005 Budget/Performance Report.
Assistant City Manager Oscar Martinez reported the information in the report was for the period
ending January 31, 2005, exactly six months into the fiscal year. With 50 percent ofthe fiscal year
completed, he said combined revenues were ahead of projections at 54.25 percent, and expenditures
were below projections at the 44.57 percent level. He thanked all city departments for their fiscal
discipline.
Mr. Martinez discussed the general fund revenues. Regarding current ad valorem property
taxes, he said revenues were actually one million dollars ahead in real dollars from last year. He
said the city was on target to meet budget in this area.
With regard to industrial district payments, he said current year billings had been sent and
reflected a slight decrease over last year due to the decrease in the tax rate and a decrease in
valuations. Revenues were not predicted to be realized at the level budgeted.
Mr. Martinez stated that the year-to-date (YTD) collections for sales tax revenue are
consistent with projections for this year, and are ahead of the same period last year. He said second
quarter actual amounts reflect a 1.8 percent increase over the YTD budget, equivalent to
approximately $1 million more than the same time last year. In response to Mr. Scott's question, Mr.
Noe stated the YTD sales tax revenues were approximately 5 percent over last year's revenues.
Mr. Martinez reported that YTD collections for franchise fees were less than the YTD
budget. He said staff was expecting a shortfall in this area mainly due to a decrease in the number
of phone lines reported.
Solid waste services revenues were higher than the YID budget, reflecting a $362,792
increase. Mr. Martinez stated this was mainly due to increased activity from a number of large
vendors.
YTD revenues from Municipal Court fees were $394,291 higher than the YTD budget,
mainly due to increased collections efforts, such as the "Failure to Appear Warrant".
Mr. Martinez reported museum revenues were lower than the YID budget, mirroring
nationwide downward trends in museum attendance. Additionally, he said the construction in the
area has also hindered attendance. Recreation services revenues were also lower than the YID
budget, mainly due to a decline in Latchkey program revenue. He said, however, that Latchkey
revenues were slightly above the levels attained last year at this time.
Minutes - Regular Council Meeting
March 22, 2005 - Page II
Finally, Mr. Martinez reported that public safety services revenues were also slightly less
than budgeted amounts, primarily due to changs in Wire line Service Revenue, police towing and
storage charges, and 800 MHZ radio changes.
Mr. Martinez reported on general fund expenditures. As he previously mentioned, with 50
percent of the fiscal year completed, 46.4 percent of the general fund budget had been expended.
He said this was equivalent to $5.4 million under the YTD budget. There were no significant
unfavorable variances among city departments and individual operating divisions.
Mr. Martinez referred to a number of bar graphs illustrating the YTD revenue trends in
percentages and in millions of dollars. Overall, he said FY 2005 combined revenues were $90.8
million, compared with $89 million at the same time last year, a $1.8 million increase.
Mr. Martinez referred to a number of charts illustrating YTD expenditure trends in
percentages and in millions of dollars. He said all of the departments were below the percentage of
budget spent last year, a positive sign. In total, he said the city had spent $73.1 million in
expenditures, compared to $69.7 million last year. However, he said the increased expenditures
were primarily limited to public safety, municipal court, street maintenance, and engineering
services.
Mr. Martinez discussed the status of the enterprise funds, comprised of the water, gas,
wastewater, airport, development services, ambulance, golf centers, and marina funds. With regard
to the water fund, he said the YTD revenue of$38,907,522 represented 52.06 percent of budgeted
revenues, which was greater than the same period in the prior year. This was mainly due to an
increase in water usage for residential and commercial customers inside the city. Overall, he said
YTD expenditures were $34,645,354 or 42.71 percent of budget.
Regarding the gas fund, Mr. Martinez stated the YTD revenue of $15,951,380 represented
45.81 percent of budgeted revenue, which was higher than revenue collected for the same period in
the prior year. He said YTD expenditures are $15,286,915 or 42.28 percent of the budget.
With regard to the wastewater fund, Mr. Martinez said YTD revenue of $17,877,824
represented 51.68 percent of the budget, which was more than amounts collected for the same period
in the prior year. YTD expenditures of$16,079,362 reflected 45.87 percent of budget.
The airport fund showed revenues of $4,049,190 or 53.31 percent in collections for this
quarter reflecting the impact ofthe terminal completion, and upgrade of parking facilities which has
helped boost revenue. yrD expenditures are $3,865,100 or 49.41 percent of budget.
The development services fund yielded yrD revenues of$2,345,127 or 54.47 percent, and
expenditures of$2,307,376 or 48.5 percent of the budgeted amount.
The ambulance fund yielded YTD revenues (51.23 percent) and expenditures (47.06 percent)
comparable to the prior year for the same period.
The golf centers fund generated YTD revenues of $830,092, or 40.14 percent of budget,
which was higher in comparison with the same period last year. Expenditures were $946,984 or
Minutes - Regular Council Meeting
March 22, 2005 - Page 12
45.03 percent of the total budget.
Mr. Scott expressed concem that the golf courses were still losing money, despite the
ongoing improvements. Mr. Noe replied it was important to look at the golf course trends over a
multi-year period, because it would take several years before the improvements were completed.
Mr. Noyola felt the decrease in golfers was partly due to the golffee increases, and he asked staff
to consider decreasing the cost.
Finally, Mr. Martinez said the marina fund yielded YTD revenues of $655,609, or 42.48
percent of budget. He attributed the drop in revenues to the construction in the area which had
hindered the collection. He said YTD expenditures are $628,625, or 31.24 percent of budget. Mr.
Martinez reviewed a number of charts depicting the YTD revenue and expenditure trends for the
enterprise funds in percentages and in millions of dollars.
Mr. Martinez reported on the status of the internal service funds. He said revenues from the
internal service fund were primarily derived from budgeted allocations from other funds that are
charged monthly. As a whole, he said revenues are consistent with those for the same period last
year as well as the percent of year completed to date. In addition, he said 40 percent of the funds's
budgets have been expended with 50 percent of the fiscal year having expired. This compared
favorably to 41.24 percent in the prior year for the same period. Mr. Martinez reviewed a number
of charts depicting the YTD revenue and expenditure trends for the internal service funds in
percentages and in millions of dollars.
Mr. Martinez discussed the status of the special revenue funds, comprised of the following
funds: hotel occupancy tax; Reinvestment Zone; arena/seawall; visitor facility; and Crime Control
and Prevention District. With regard to the hotel occupancy tax fund, he said the YTD revenue of
$3,243,059 represented 37.95 percent of the total budget, and expenditures were at 51.06 percent
of budget.
Regarding the Reinvestment Zone fund, Mr. Martinez said Reinvestment Zone No. I was
in the process of being closed out. Reinvestment Zone No.2 was established in FY 2002 for
Packery Channel improvements, and reflected YTD collections of$824,319, a considerable increase
over the prior year.
With regard to the arena/seawall funds, Mr. Martinez said revenue from these two sales tax
referendums are at slightly higher than 50 percent. Expenditures for the seawall improvements and
arena facility are primarily associated with debt service.
Regarding the visitors facility fund, Mr. Martinez stated insurance invoices for the arena and
convention center have not been received; therefore, expenditures are only at 34.56 percent of
budget. YTD revenues are at 43.38 percent of budget.
Finally, regarding the Crime Control and Prevention District fund, Mr. Martinez stated that
both YTD revenues and expenditures for this year were very close to the prior year for the same
period as a percent of total budget, and on target with current year estimates. In addition, he
reviewed a number of charts illustrating the YTD trends in revenues and expenditures for the special
revenue funds in percentages and in millions of dollars.
Minutes - Regular Council Meeting
March 22, 2005 - Page 13
In conclusion, Mr. Martinez reported on the status of the debt service funds. He said debt
payments were programmed, charged, and transferred on a fixed schedule according to the
individual Debt Service issue requirements. Variances are due to mid-year refunding, and the timing
for issuance of new debt/commercial paper for planned projects.
Mayor Neal asked ifthere were any outstanding expenditures that were not covered in this
report. Mr. Martinez replied it was possible, but more than likely they would not have a significant
affect on the budget. He did list a number of exceptions, however, such as the firefighters contract
and the timing of police retirements/drag up pay. Overall, Mr. Martinez said the trend was that
departments were working hard to stay within budget. Mr. Noe added the departments were
achieving this despite substantial increases in the cost of fuel.
Mayor Neal congratulated the staff and the Council, particularly the Council Audit
Committee, for the giant strides the city has made in financial management.
Mr. Scott asked staff to provide a written explanation for the $1.2 million increase in public
safety. He commented that the city economy seemed to be doing well.
Mr. Kinnison commented the increase in the Police department budget may be partly due to
the significant increases in fuel costs. He said it was positive that the city was able to manage the
increased costs without exceeding the budget.
Mayor Neal asked for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Mr. Phil Rosenstein thanked the Council and city stafffor passing the smoking ban ordinance. Mr.
Mark Arnold, 4422 S. Alameda #43, spoke regarding his concerns about the litter generated by the
storm water outfall near McGee Beach and the Holiday Inn - Emerald Beach.
*************
Mayor Neal opened discussion on Item 21, the first reading ordinance approving the FY
2005 Capital Budget. Assistant City Manager Oscar Martinez stated the Council had received an
introduction to the proposed FY 2005 Capital Budget on March 8. A public hearing was also held
on this date. He said staff was now bringing the first reading ordinance for the Council's
consideration and approval.
There was no public comment. City Secretary Chapa polled the Council for their votes as
follows:
Minutes - Regular Council Meeting
March 22, 2005 - Page 14
21. FIRST READING ORDINANCE
First Reading Ordinance approving the FY 2005 Capital Budget In the amount of
$178,074,800.
The foregoing ordinance was passed and approved with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
* * * * * * * * * * * * *
Mayor Neal called for a recess to hold the Corpus Christi Community Improvement
Corporation meeting.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal called for the City Manager's report. City
Manager Noe reported the Council had previously requested that staff find ways to inform the public
about the completion of street projects. In response, he said today staff held a brief recognition of
the completion of the McArdle Road project. He said staff would continue to hold these
recognitions to inform the public about the completion, and also inform the public that it would be
easier to patronize businesses in these areas. He announced similar recognitions would be held on
Monday at 9:00 a.m. for the completion of the Ayers/Gollihar project, and on Tuesday at 3 :00 p.m.
for the Up River Road project.
Mr. Noe announced that this Thursday at 4:00 p.m., a planned tour of the Packery Channel
Project was scheduled. Mr. Noe also announced a public remembrance ceremony in honor of
Selena, to be held on March 31 at Cole Park, coordinated by the Park and Recreation Department.
Finally, he said the city was sponsoring a Fair Housing seminar on April 7 at the Ortiz Center from
7:45 a.m. to 3:45 p.m. for $30 a person (including breakfast and lunch).
Mr. Noe reported the following items were scheduled for next week's Council meeting:
update on the 2005 Buc Days celebration; second reading of the Capital Budget; and a discussion
on the streetcar project.
Mayor Neal called for Council concerns and reports. Mr. Noyola expressed concern about
a recent newspaper article regarding the possible reuse of the coliseum. He said the article quoted
Mr. Ron Kitchens, President and CEO of the Regional Economic Development Corporation, as
saying the coliseum was "obsolete". He had received several calls from citizens who disagreed with
this statement, and he personally disagreed with this statement. He also disagreed with a statement
attributed to Mr. Noe that called for another study on the possible reuses of the coliseum. Mr.
Noyola felt there had been enough studies done on the coliseum. He asked Mr. Noe to provide
information on the various proposals for potential coliseum reuse that had been presented to the city,
besides the Bass Pro Shop proposal. Mr. Noyola also expressed concern that the Council was not
notified about the article ahead oftime.
Mr. Scott also expressed concern that the Council was not notified about the article ahead
of time. He believed, however, that staff and consultants should evaluate the proposals and make
Minutes - Regular Council Meeting
March 22, 2005 - Page 15
recommendations before bringing them to the Council. Mr. Noe replied that he did not say he
wanted to hire a firm to do another study on the coliseum reuse; rather, he wished to hire a firm to
consider the potential reuses, to serve as the city's agent to receive proposals, and to manage the
project from start to finish.
Mr. Scott also stated that though the coliseum may be functionally obsolete, it was nothing
that couldn't be overcome with the proper investment incentives and resources. City Manager Noe
agreed. Mr. Scott asked when staff would present an update on the coliseum. Mr. Noe replied staff
had already compiled a list of firms that had spoken with the EDC about potential reuses, and had
already prepared an RFP. He said staff would be ready to move forward on the issue within the next
30 days.
Mr. Colmenero spoke in favor of an RFP for the coliseum to determine the best reuse. He
also asked staff to address the litter problem in the marina related to storm water outfall. Mr. Noe
replied staff had received a grant from the Texas General Land Office (GLO) that will focus on
finding alternative solutions to the problem in the marina area.
Mr. Noyola requested that the city seriously consider the coliseum reuse proposal presented
by the Judson group because they were willing to make many of the necessary repairs to the building
at their cost. Mr. Noe said the city was not dismissing their proposal, but would also be looking at
other proposals, too, through the RFP process.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 12:35 p.m. on March 22, 2005.
* * * * * * * * * * * * *
2
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of three heavy trucks in accordance with
Bid Invitation No. 131-0063-05 from the following companies for the following amounts based on low
bid for a total amount of $ I 68,365.85. All three units are replacements. Funding is available from the
FY 2004-2005 Capital Outlay budget in the Maintenance Services Fund.
FleetPride International
Comus Christi, TX
I Unit
$76,221.85
Champion Ford
Corpus Christi, TX
2 Units
$92,144.00
Grand Total: $168,365.85
******************************************************************************
Background
Purpose:
The trucks are to be used by Wastewater and Water Departments.
Replaced units will be disposed of through standard disposal of surplus
property procedures, including live auctions and/or electronic auctions.
Bid Invitations Issued:
Fifteen
Bids Received:
Five
Price Analysis:
When compared to a similar item purchased last year, pricing has
increased 4%.
Basis of Award:
Low Bid
Funding:
Maintenance Services Fund
550020-5110-40120
$168,365.85
Capital Outlay Nos. 54,56 and 60
Michael Barrera
Procurement & General Services Manager
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COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of a forensic comparison macroscope
from Meyer Instruments, Inc., Houston, Tcxas in accordance with Bid Invitation No. BI-0083-
05, based on only bid for a total amount of $79,315. This equipment will be used by the Police
Department. Funding is available from the Project Safe Neighborhood Police Grant.
*************************************************************************************
Purpose:
This equipment will be used by the forensic laboratory of the
Police Department for examination and comparison of crime scene
evidence.
Basis of Award:
Only Bid - Meyer Instruments, Ine is the regional distributor ofthe
specified type of equipment requested by the Police Department.
Funding:
Project Safe Neighborhoods Grant
520100-1061-821101
$79,3 I 5
-.-----
Michael arrera
Procurement & General Services Manager
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/29/05
AGENDA ITEM:
Resoultion authorizing the City Manager or his designee to submit a grant application in the amount
of $12,413 to the State of Texas, Office of the Governor, Criminal Justice Division for eligible
funding under the Juvenile Accountability Incentive Block Grant Program to reduce juvenile
delinquency, improve the juvenile system, and increase accountability for juvenile offenders. The
City match for this grant is $1,379 in the No. 1020 General Fund, for a project cost of $13,792.
ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability Block Grant
funds to local units of government to promote greater accountability in the juvenile justice system.
REQUIRED COUNCIL ACTION: City Council must approve submission ofthe grant application.
PREVIOUS COUNCIL ACTION: For the past 4 years Council has approved applying for the Grant
in an effort to improve the juvenile system, and increase accountability for juvenile offenders.
CONCLUSION AND RECOMMENDATION: Staffrecommends submitting the grant application.
~~7i~
Rodolfo Ta e
Presiding MUnicipal Court Judge
Attachments:
Background Information
Letter from the Governor's Office
1_:\<;;hared\Grant\CouncilAgendaFonn2005.doc
BACKGROUND INFORMATION
Municipal Court applied and was awarded the grant funding requested for the past four years. This
year, Municipal court is again applying for this grant. The funds must be used within the 16 specific
purpose areas in an effort to achieve the greatest impact on reducing juvenile delinquency, improve
the juvenile justice system and increase the accountability of juvenile offenders. The maximum years
of funding - there is no limit (based on availability).
The City should receive these funds automatically by filing an application. As a Federal requirement
of the funding, the City has established a Juvenile Crime Enforcement Coalition (JCEC) consisting
of various representatives from the community. The Mayors Commission on Children and Youth
meets the criteria established for the coalition. The proposed purposes to continue with a dedicated
Juvenile Court, establish accountability standards and interagency sharing of information and
improvements in the management of juvenile cases at Municipal Court meet the grant's criteria.
Thc City is requesting to use the full amount to fund one part - time court staff position. This would
be hired thru a Temporary Services Agency. This position would report directly to the Judge and
would be responsible for setting cases, receiving payments, assisting case managers with filing of
case management reports and recommendations, and many other court related duties. The position
will allow the Court to use this temporary staff on an as-needed basis.
I~: \S h ared\Gran I\Counci 1 A gcndaF orm200 5 .doc
,(~;(LUP~
~B~
\:~=!'l
STATE OF TEXAS
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
RICK PERRY
GOVERNOR
January 21, 2005
Mr. Gerorge Noe
City Manager
City of Corpus Christi
Post Office Box 9277
Corpus Christi, Texas 78469
Dear Mr. Noe:
The U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) provides
the Juvenile Accountability Block Grant (JABG) to the Governor's Criminal Justice Division (CJD) to assist
in reducing juvenile offending through accountability-based programs focused on the juvenile offender.
CJD is pleased to inform you that City of Corpus Christi is eligible to apply for $12,413 with a 10% cash
match of $1,379 for the coming grant year. The allocation is formula based.
Approval from your local Juvenile Justice Advisory Board should be obtained. Applicants who have
previously received Title V funds and have an established Prevention Policy Board may use that board's
approval to satisfy the requirement for the local Juvenile Justice Advisory Board, providing that
membership meets the minimum requirements for both groups. If your agency is not able to make use of
the funds, you may waive the funds to the state by signing the enclosed "Waiver of Funds Form" and
submitting it to the Governor's Criminal Justice Division; or you may waive your agency's allocation and
request that the funds be awarded to one or more agencies that may still benefit your area. In this case,
you must provide the waiver form directly to the designated agency for their approval and submission to
CJD.
Although these funds are not competitive, eligible applicants are encouraged to apply for JABG funding
designated to your agency to aid in the reduction of juvenile crime in Texas. Application kits, a description
of the purpose areas and a list of allocations can be accessed through the Governor's website at
www.Qovernor.state.lx.us/divisions/cid/.
Please submit applications directly to CJD via email at cidappslli'-Qovemgr.state.lx.us on or before April 1,
2005 to be considered for funding. Agencies who choose tQ waive their funds to CJD should fax the
signed "Waiver of Funds Fonn" to (512) 475-2440 on or before April 1, 2005. Please note that your
allocation may revert to CJD in the absence of a signed waiver form or completed application.
For assistance, please contact Sanzanna Lolis at (512) 463-1919 or via email at
slolis@Qovernor.state.lx.us.
cr~
Ken C. Nicolas
Executive Director
Enclosure: Waiver of Funds Form
POST OFFICE Box 12428 AUSTIN, TEXAS 78711 (512) 463-1919 (VOICE)/(512) 475-2440 (FAX)/DIAL7.I-I FORRELAVSERVICES
JUVENILE ACCOUNTABILITY
BLOCK GRANT (JABG) WAIVER
OF FUNDS FORM
OFFICE OF TilE GOVERNOR
CRtMINAL JUSTICE DIVISION
P.O. Box 12428
AUSTIN, TEXAS 78711
512/463-1919
FAX: 512/475-2440
lVw_w. G OV E RNOR .ST A TE. IX. U S
1 T.A.C. ~3.1211
Any agency receiving a local ailocation may waive their ability to apply for funds and choose instead to
waive the allocation back to the Governor's Criminal Justice Division or one or more agencies that may still
benefit the waiving agency's area. The applicant that is requesting CJD funding is responsible for obtaining
the written authorization from each agency that chooses to waive an allocation. In addition, the applicant is
responsible for forwarding this signed document to CJD via facsimile by March 15, 2005. CJD will not award
any additional waived funds to the applicant organization until the waiver form is signed and received by
CJD.
PART!: WAIVER OF ALLOCATION
1. Does the aoency choose to waive its allocation to CJD? 0 Yes ~ No
2. Does the agency choose to waive its allocation to another 0 Yes No
aoencv?
3. If ou selected 'Yes', for either # 1 or # 2 above, PROVIDE the followinQ information:
a The name of aoencv waivinQ funds: I
b The amount of waived funds: $
c) The name of the agency that will receive the waived
allocation.
d) If funds are being waived to more than one agency, ENTER the additional name(s) of the agency(ies)
receivina funds and the amount of the waived funds:
Name(sl of the Agencv(iesl Receivina Waived Funds Amount of Funds Waived
$
$
$
$
$
$
$
$
$
PART II: SIGNATURE AUTHORIZING THE WAIVER OF ALLOCATION
The above-named agency waiving the allocation understands that if funds are waived to the Governor's
Office, Criminal Justice Division (CJD), that those funds may be earmarr<.:ed at the discreUon of the executive
director of the Criminal Justice Division. Or, if funds are waived to another agency, the above-named
agency waiving funds understands that those funds may be used to provide juvenile accountability-based
services to the waiving agency's target area.
The agency waiving funds hereby authorizes the above-named organization(s) to receive the
allocated funds.
Name of the Agency's Authorized Official
Name of the Waiving Agency
Title of the Agency's Authorized Official
Signature of the Agency's Authorized
Official
Effective Date
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION TO THE STATE OF TEXAS, OFFICE OF
GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF
$12,413 FOR THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK
GRANT PROGRAM TO REDUCE JUVENILE DELINQUENCY, IMPROVE
THE JUVENILE JUSTICE SYSTEM, AND INCREASE ACCOUNTABILITY
OF JUVENILE OFFENDERS, WITH A CITY MATCH OF $1,379 IN THE
NO. 1020 GENERAL FUND, AND A TOTAL PROJECT COSTS OF
$13,792
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant application to
the State of Texas, Office of the Governor, Criminal Justice Division, in the amount of
$12,413 for the Juvenile Accountability Incentive Block Grant Program to reduce juvenile
delinquency, improve the juvenile justice system, and increase accountability of juvenile
offenders. The City match for this grant is $1,379 in the No. 1020 General Fund, for a total
project costs of $13,792.
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms
and conditions, or terminate the grant, if the grant is awarded to the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED: 22nd day of March, 2005.
R51402A1.doc
1
Corpus Christi, Texas
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
R51402A1.doc
2
5
CITY COUNCIL
AGENDA MEMORANDUM
March 29, 2005
AGENDA ITEM:
A: Resolution authorizing the City Manager, or his designee, to accept a grant in the amount
of $69,538 from the Federal Emergency Management Agency (FEMA) for the purchase of
industrial firefighting equipment and specialized training.
B: Ordinance appropriating $69,538 from the Federal Emergency Management Agency's
Assistance to Firefighters Grant Program for industrial firefighting equipment and specialized
training in the No. 1062 Fire Grants fund; and declaring an emergency.
ISSUE: The City of Corpus Christi Fire Department has responsibility for providing fire
protection to numerous facilities adjacent to the industrial district along the Corpus Christi
Harbor. Industrial firefighting requires specialized equipment and training. The grant will allow
us to purchase such equipment and receive the necessary training to meet any challenges that
may occur.
FUNDING: The grant requires a 30% hard match of $29,802. The industrial firefighting
equipment and training will cost $99,340, which includes the 30% match. Funds for the hard
match have been budgeted by the Fire Department in the FY 2004-2005 Budget.
REQUIRED COUNCIL ACTION: Council approval is required to authorize the City
Manager to accept the grant and appropriate funds.
RECOMMENDATION: Staff recommends accepting grant and approving ordinance to
appropriate a grant in the amount of$69,538 received from FEMA for the purchase of industrial
firefighting equipment and training.
ADDITIONAL SUPPORT MATERIAL
Award Letter X
Resolution X
Ordinance X
BACKGROUND INFORMATION
This will be the third grant, in the past four years, that the Fire Department has been awarded
from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant
Program. The total amount of funds awarded to date is $127,933.00.
.......0.....-....... .....
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U.S. Department of Homeland Security
Office for Domestic Preparedness
Washington, D.C. 20531
Mr. Michael Hernandez
Corpus Christi Fire Department
2406 Leopard #300
Corpus Christi, Texas 78408-2503
Re: Grant No.EMW-2004-FG-14508
Dear Mr. Hernandez:
Congratulations, on behalf of the Department of Homeland Security and the Office for Domestic Preparedness.
Your grant application subrritted under the FY 04 Assistance to Firefighters Grant has been approved. The
approved project costs amount to $99,340.00. The Federal share is 70 percent or $69,538.00 of the approved
amount and your share of the costs is 30 percent or $29,802.00.
As part of your award package, you will find Grant Agreement Articles. Please make sure you read and
understand the Articles as they outlne the terms and conditions of your Grant award. Maintain a copy of these
documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when
you request and receive any of the Federal Grant funds awarded to you.
The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-
tine to the AFG eGrants system at hllps:l/portal.fema.gov and if you have not done so, complete and submit
your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit
Sign-up Form, signed by your organization and the banking institution to the address below:
Department of Homeland Security
Emergency Preparedness and Response Directorate (FEMA)
Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 204n
Attn: Assistance to Firelighters Grant Program
After your SF 1199A Is reviewed and you receive an email indicating the form is approved, you will be able to
request payments ontine. If you have any questions or concerns regarding the process to request your grant
funds, please call1-8n -510-6762.
Sincerely ,
~
Matt A.Mayer
Acting Executive Director
Office of State and local Government
Coordination and Preparedness
https://portal.fema.gov/firegrant!jsp/fire_admin/awardslspeclview_ award yackage.do?agre... 3/14/2005
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT IN THE AMOUNT OF $69,538 FROM THE
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FOR THE
PURCHASE OF INDUSTRIAL FIRE FIGHTING EQUIPMENT AND
SPECIALIZED TRAINING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to accept a grant in the
amount of $69,538 from the Federal Emergency Management Agency (FEMA) for the
purchase of industrial firefighting equipment and specialized training.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: vv1 "-~ ? ~ , 2005.
By:
~(L/
Joseph arney 0
Assistant City Attorney
For City Attorney
Reso-fema-grant
2
Corpus Christi, Texas
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
Reso.fema-grant
AN ORDINANCE
APPROPRIATING $69,538.00 FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY'S ASSISTANCE TO FIREFIGHTERS GRANT
PROGRAM FOR INDUSTRIAL FIREFIGHTING EQUIPMENT AND
SPECIALIZED TRAINING IN THE NO. 1062 FIRE GRANTS FUND; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $69,538.00 from the Federal Emergency Management Agency's
Assistance to Firefighters Grant Program for industrial firefighting equipment and
specialized training is appropriated in the No. 1062 Fire Grants Fund.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 29th of March, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED:
4wJ. '2,...{ ,2005
By:
~~
Joseph arney 0
Assistant City Attorney
For City Attorney
Ord-Appro-FEMA-3
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: Ilwe, 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
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
Date: March 29, 2004
SUBJECT: Greater COIpUS Christi Clean Cities Program
Office of Environmental Programs
AGENDA ITEM:
a. Resolution authorizing the City Manager, or the City Manager's designee, to
accept a Clean Cities Grant from the State Energy Conservation Office in the
amount of $17,500 for development of a Clean Cites program and related
Services; and
b. Ordinance appropriating $17,500 from the State Energy Conservation Office in
the No. 1071 Community Enrichment Grants Fund for development of a Clean
Cities program and related services; and declaring an emergency.
ISSUE: The City of Corpus Christi has been awarded a grant from the Texas State
Energy Conservation Office (SECO) to subsidize funding of the salary, benefits, and
expenses for the Clean Cities Coordinator. SECO will provide $17,500 to the City to
fund the Clean Cities initiatives in the Office of Environmental Programs.
FUNDING: The State Energy Conservation Office is providing the City of Corpus
Christi a grant in the amount of $17,500 to help defray the costs of the Clean Cities
Coordinator for one year. The incremental tasks of the Coordinator will be undertaken as
new initiatives in the Office of Environmental Programs.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as
presented.
~ l~u~~
Chul Kim McG Ire, CHMM
Director of Environmental Programs
Attachments:
1. Background Information
2. Clean Cities Contract Summary
ATTACHMENT I
BACKGROUND INFORMATION
SUBJECT: Corpus Christi Clean Cities Program
Proiect Description: The Clean Cities Alternative Fuels Program is a locally based
government/industry partnership, coordinated by the U.S. Department of Energy (DOE)
through SECO in the State of Texas. The program objective is to accelerate the
introduction and expansion in the use of alternative fuels and alternative fuel vehicles by
the driving public and by business. Clean Cities is a voluntary program that encourages a
public/private partnership to accomplish its objectives.
1. The DOE funded grant administered through SECO will support the City's
Clean Cities Coordinator who is responsible for the development of program
strategies for alternative fuel initiatives. Objectives include development of
the alternative fuels market, educational programs, alternative fuel supply
infrastructure, and fleet conversion to alternative fuels.
The City of Corpus Christi received official designation from DOE in the Clean Cities
program in March 1998. Efforts have been underway to expand the alternative fuels
utilization in the area as one strategy in meeting the federally promulgated National
Ambient Air Quality Standards for ozone. The Clean Cities Coordinator will be one of
the central figures in managing and promoting alternative fuels and vehicles of the
program.
PRIOR COUNCIL ACTION:
I. Februarv 25, 1997 - Motion authorizing the City Manager, or his designee, to
execute a contract with SECO for a $50,000 grant to subsidize the salary, benefits,
and expenses for the Clean Cities Coordinator for April I, 1997 through March
31,1998.
2. September 30, 1997 - Motion authorizing the City Manager, or his designee, to
execute a contract with T AFC for a $25,000 grant to fund the Clean Cities
Initiative Strategic Planning.
3. July 12, 2004 - Motion authorizing the City Manager, or his designee, to execute
a contract with SECO in the amount of $25,000 for development of a Clean Cites
program and related Services.
FUTURE COUNCIL ACTION:
1. Execution of contracts for $25,000 or more for additional grants being solicited
for the Clean Cities Program will require Council action.
ATTACHMENT II
CLEAN CITIES PROGRAM CONTRACT SUMMARY
GRANT CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE
TEXAS STATE ENERGY CONSERVATION OFFICE
Contract Provision - The State Energy Conservation Office (SECO) will provide the
City of Corpus Christi a $17,500 grant for development of a Clean Cites program and
related Services.
Responsibilities of Contractor - Revitalize the Clean Cities program by administering
the activities to promote use of alternative fuel vehicles and alternative fuels.
. Designate City Staff to serve as facilitator of the Clean Cities program and shall
continue to implement the goals and objectives of the Coalition, conduct the
administrative duties associated with membership and meeting the day to day
challenges of coordinating a Clean Cities Coalition.
. Submit request to Department of Energy for Clean Cities Program Plan Re-
Designation.
. Contractor shall recruit Stakeholders to maintain a diverse transportation stakeholder
base for effective participation among commercial, regulatory and environmental
interests. Contractor shall recruit partners (Public and private) to join the coalition
and expamd the program to surrounding counties.
. Contractor shall hold meeting of the stakeholders at least every quarter. Develop
meeting agendas, mailing lists, and outreach materials for meeting participants.
. Contractor shall advertise and use national Clean Cities' logo.
. Contractor shall conduct public education campaigns to disseminate information on
alternative fuels and conduct outreach activities aimed at regional fleets to promote
the purchase and use of AFV s.
. Contractor shall track ongoing regulatory and technical developments concerning the
pending non-attainment status of the Corpus Christi region. Contractor shall provide
stakeholders with guest presentations on air quality and mobility issues tailored to the
Corpus Christi regional area.
. Contractor shall work with other Texas Clean Cities Coordinators to develop
statewide networks, incentives, and air quality strategies. Contractor shall attend
state, regional and national Clean Cities meetings.
. Contractor shall prepare and submit monthly progress reports, annual reports, and a
Final Project Report to the State Energy Office 30-days prior to the end of the
Agreement.
Payment - The payment shall not exceed a total of$17,500 for the contract term.
Term - The contract terminates on August 31, 2006.
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A
CLEAN CITIES GRANT FROM THE STATE ENERGY CONSERVATION
OFFICE IN THE AMOUNT OF $17,500 FOR DEVELOPMENT OF A
CLEAN CITIES PROGRAM AND RELATED SERVICES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a grant from the State Energy Conservation Office in the amount of $17,500 for
development of a Clean Cities Program and related services.
SECTION 2. The City Manager, or the City Manager's designee, may reject, alter or
terminate the grant.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
. APPROVED: 18th day of March, 2005.
R.~~//
First Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
R53211A1.doc
2
Corpus Christi, Texas
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
John Longoria
Jesse Noyola
Mark Scott
R53211A l.doc
ORDINANCE
APPROPRIATING $17,500 FROM THE STATE ENERGY
CONSERVATION OFFICE IN THE NO. 1071 COMMUNITY
ENRICHMENT GRANTS FUND FOR DEVELOPMENT OF A CLEAN
CITIES PROGRAM AND RELATED SERVICES; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $17,500 from the State Energy Conservation Office is appropriated
in the NO.1 071 Community Enrichment Grants Fund for development of a Clean Cities
Program and related services.
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 day of
,2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This 18th day of March, 2005:
Samuel L. Neal, Jr.
Mayor
R5321181.doc
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,
Respectfully,
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
7
AGENDA MEMORANDUM
City Council Action Date: March 29, 2005
SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534) and Third
Street (Project No. 8535)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No.2 to the contract for professional services with Martinez, Guy & Maybik in
the amount of $118,608 for a total restated fee of $289,621 for the Water Main
Improvements: Leopard Street and Third Street project.
ISSUE: The water main replacement is intended to improve water pressure, increase flow
capacity, and improve reliability within the vicinity of the two project areas: along Leopard
Street from Upper Broadway to Mexico Street and along Third Street from Elizabeth Street
to Buford Street.
FUNDING: Funding for this project is available in the Water CIP Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
t;L.~~ ?/~/.'
Eduardo Garaiia, P.E.
Director of Water Services
/
e . scobar, P.E.
ector of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location map
H:'HOME\Aachelle'.GEN\Water\Waler System\8534 & 8535\Agenda Memo.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534)
and Third Street (Project No. 8535)
PRIOR COUNCIL ACTION:
1. November 11. 2003 - Motion authorizing the City Manager or his designee to
execute a consultant contract with Martinez, Guy & Maybik Inc. of Corpus Christi,
Texas, in the amount not to exceed $152,993 for the Water Main Improvements
along Elizabeth Street and 19th Street. (Motion No. 2003-397)
2. February 10. 2004 - Approving the FY 2003-2004 Capital Budget in the amount of
$173,624,300. (Ordinance No. 025144)
PRIOR ADMINISTRATIVE ACTION:
1. February 20. 2002 - Distribution of Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms. (28 local and 14 out-of-town)
2. March 13. 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms. (28 local and 14 out-of-town)
3. March 15. 2002 - Addendum No.2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms. (28 local and 14 out-of-town)
4. March 26. 2002 - Addendum No.3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms. (28 local and 14 out-of-town)
5. March 28. 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms. (28 local and 14 out-of-town)
6. April 11. 2003 - Letter Of Notification No.1 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms. (28 local and 14 out-of-town)
7. ADri117. 2003 - Addendum NO.1 to the Letter Of Notification No.1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town)
8. April 25. 2003 - Addendum NO.2 to the Letter Of Notification No.1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms. (28 local and 14 out-of-town)
9. AUQust 4,2003 - Leiter Of Notification NO.2 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms. (28 local and 14 out-of-town)
10. November 30. 2004 - Administrative approval of Amendment NO.1 to the contract
for engineering (AlE) services with Martinez, Guy & Maybik of Corpus Christi,
Texas, in the amount of $18,020 for a total restated fee of $171,013.
H:\HOME\Rachelle\GEN\Wate1\Water Syslam\8534 & 8535\Aganda Background_doc
EXHIBIT "A"
Page 1 of 2
FUTURE COUNCIL ACTION: Approval of a construction contract to complete the subject
project.
PROJECT DESCRIPTION: The water main replacement is intended to improve water
pressure, increase flow capacity, and improve reliability within the vicinity of the two project
areas.
. Leopard Street: An old existing 1 O-inch cast iron water main will be replaced with a
new 12-inch PVC water main along Leopard Street from Upper Broadway to Mexico
Street (approximately 3,625 LF).
. Third Street: An old existing 10-inch cast iron waterline along Third Street from
Elizabeth to Buford needs to be upgraded to a 16-inch PVC pipe.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Page 2 of 2
H:\HOME\Aachelle\GEN\WatenWaler Syslem\B534 & 8535\Agenda Background.doc
CONTRACT SUMMARY
1. SCOPE OF PROJECT: Water Main Improvements: Leopard Street (Project No.
8534) and Third Street (Project No. 8535)
This Amendment NO.2 is an extension of AlE services to Water Main Improvements-
Elizabeth StreeV19th Street (Project No. 8488).
Leopard Street (Project No. 8534): An old existing 1 O-inch cast iron (CI) water main
will be replaced with a new 12-inch AWWA C900 PVC water main along Leopard
Street from Upper Broadway to Mexico Street (approximately 3,625 LF). The
proposed construction will require new connections to existing waterlines at required
cross streets intersections as well as replacing existing fire line services to existing
buildings and fire hydrants. The water main replacement is intended to improve water
pressure, increase flow capacity, and improve reliability within the project vicinity.
Third Street (Project No. 8535): An old existing 1 O-inch cast iron (CI) waterline along
Third Street from Elizabeth to Buford needs to be upgraded to a 16-inch A WW A C905
PVC pipe in order to improve water pressure and reliability within this vicinity. The 16-
inch waterline shall extend from the new 16-inch PVC waterline recently installed along
Elizabeth between Shoreline and Alameda under Project No. 8488. Additional tie-ins
to the existing 10-inch CI waterline will occur at Morgan Avenue and Buford. In all,
approximately 1,600 LF of PVC waterline will be installed with new fittings and valves
along with new lateral service and fire hydrant connections.
2. SCOPE OF SERVICES
The AlE hereby agrees, at its own expense, to perform design and survey services
necessary to prepare plans, construction bid and contract documents, as described in
EXHIBIT A. In addition, AlE will provide monthly status updates (project progress or
delays, gantt charts, as requested, presented with monthly invoices) and provide contract
administration services, as described in Exhibit A and Exhibit A-1, to complete the project.
3. SCHEDULE
DAY DATE ACTIVITY
Wednesday March 23, 2005 Begin Design Phase
Tuesday May 31,2005 Interim Submittal
Friday June 10, 2005 City Review of Interim Submittal
Monday August08,2005 Pre-Final Submittal
Friday August 19, 2005 City Review of Pre-Final Submittal
Friday September 02, 2005 Final Submittal
Monday (2) September 12, 2005 Advertise for Bids
Wednesday September 21, 2005 Pre-Bid Conference
Wednesday September 28, 2005 Receive Bids
Monday October 31,2005 Begin Construction
Friday April 28, 2006 Construction Completion
H:\HOME\Rachelle\GEN\Water\Waler Syslaml8534 & 8535\Conlract Surrmary.doc
1012
4. FEES
Elizabeth Santa Fe Leopard St. Third Street
StJ 19" from from Upper from
Street Elizabeth Broadway to Elizabeth
to Ayers Mexico St. to Buford
A. Fees for Basic Initial AlE Amendment Amendment Amendment Totals
Services Agreement One Two Two
1. Preliminary Phase $32,748.00 $840.00 $0.00 $0.00 $33,588.00
2. Desian Phase $58,415.00 $10,970.00 $51448.00 $22,571.00 $143,404.00
3. Bid Phase $1,795.00 $0.00 $1,370.00 $730.00 $3,895.00
4. Construction Phase $11,395.00 $2,720.00 $9,930.00 $4,395.00 $28,440.00
Subtotal Basic
Services $104,353.00 $ 14,530.00 $62,748.00 $27,696.00 $209,327.00
B. Fees for
Additional Services
1. Permit Preoaration
NPDES PermiV $1,500.00 $0.00 $0.00 $0.00 $1,500.00
Amendments
Texas Dept. of $2,500.00 $0.00 $0.00 $0.00 $2,500.00
License&Reaulation
2. Topographic Survey $28,510.00 $ 3,490.00 $16,494.00 $7,280.00 $55,774.00
(Authorized)
3. Construction $14,970.00 $0.00 $0.00 $0.00 $14.970.00
Observation Svcs
4. Warrantv Phase $1,160.00 $0.00 $0.00 $0.00 $1,160.00
5. Public Meetina $0.00 $0.00 $4,390.00 $0.00 $4,390.00
Subtotal Add" Svcs $48,640.00 $3,490.00 $20,884.00 $7,280.00 $80 294.00
Total Authorized Fee $152,993.00 $18,020.00 $83,632.00 $34,976.00 $289,621.00
Summary of Fees:
1. Original Large AlE Contract
2. Amendment One
3. Amendment Two - Leopard
4. Amendment Two - Third St.
Total Restated Fee
$ 152,993.00
$ 18,020.00
$ 83,632.00
~ 34.976.00
$ 289,621.00
EXHIBIT "B"
Page 2 of 2
H:\HOME\Rachelle\GEN\WatenWaler Syslem\B534 & 6535\Contracl Sunrnary_ooc
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PROJECT No. 8534
VICINITY MAP
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Water Main Improvements
Leopard St. from Upper Broadway to
Mexico St.
CITY OF CORPUS CHRISTI, TEX:4S
CITY COUNCIL EXHIBIT
OEP:4RTMENT OF ENGINEERING SERVICES
PAGE: 1 of 2
O:4TE; 03/22/2005
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PROJECT No. 8535
PAGE: 2 of 2
DATE: 03/22/2005
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Water Main Improvements
Third St. from Elizabeth St. to Buford St.
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
8
AGENDA MEMORANDUM
March 29,2005
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement with
Shaws Development Joint Venture, in the amount of $34,823.68 for the
construction of public concrete sidewalks along Goodnight Loving Trail,
Chisolm Trail and Gallop Trail within the Northwest Crossing Unit 4
subdivision located south of Leopard Street, west of Rand Morgan Road, in
accordance with the Platting Ordinance section V-Required Improvements,
Subsection A.3. (b), and declaring it an emergency.
ISSUE: Mr. Murray F. Hudson, P.E. with Urban Engineering, on behalf of Shaws
Development Joint Venture developer of Northwest Crossing Unit 4 submitted written
application for a Deferment Agreement for the construction of public sidewalks along
Goodnight Trail, Chisolm Trail and Gallop Trail within Northwest Crossing Unit 4, platted in
March 24, 2004, in accordance with the Platting Ordinance, Section V.A.3. (b). The
Developer is seeking 100% City acceptance of all public improvements of said subdivision.
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a
deferment agreement with Shaws Development Joint Venture, (Developer).
CONDITION: Developer must post a letter of credit or equally liquid negotiable security with
the City in the amount of 110% of the cost of the project, and comply with all other
requirements of the Deferment Agreement.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~ ~....... -r:JJ~L
hv./ . . oily, A.I.C.P.
/ Director of Development Services
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Sidewalk Construction
Cost Estimates
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and the platting of Northwest Crossing Unit 4 located
south of Leopard Street west of Rand Morgan Road (Exhibit B) required the developer to
construct street improvements consisting of Goodnight Loving Trail, Chilsom Trail and
Gallop Trail. The improvements included the construction of street pavement, curb, gutters,
sidewalks, underground drainage, water and wastewater. The developer is seeking to defer
construction of sidewalks along Goodnight Loving Trail, Chilsom Trail and Gallop Trail
(Exhibit C). All other construction work has been constructed as required by the City's
platting requirements. The Deferment Agreement will allow the developer to construct
sidewalks as Building Permits are issued and residential construction takes place. The
developer has expressed concern that sidewalks are damaged by concrete trucks and
other heavy equipment during the residential construction phase thus requesting deferment
of construction of sidewalks for two (2) years. The developer is seeking 100% City
acceptance for all other public improvements within the subdivision.
The Planning Commission on its meeting of March 10, 2005 found reasonable cause to
defer sidewalk improvements. The Northwest Crossing Plat was approved by the Planning
Commission on March 24, 2004 and recorded on December 22, 2004.
Mr. Murray F. Hudson, P.E., with Urban Engineering, on behalf of Shaws Development
Joint Venture developer of Northwest Crossing Unit 4 submitted Deferment Agreement
documentation to defer the construction of sidewalks along Goodnight Loving Trail,
Chilsom Trail and Gallop Trail within the Northwest Crossing Unit 4 subdivision.
The developer has agreed to deposit $34,823.68 in the form of a letter of credit for 110% of
the estimated construction cost of the required sidewalk improvements, as shown in
Exhibit D, in compliance of the Platting Ordinance Section V-Required Improvements,
Subsection A.3. (b).
II Exhibit A ~
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SIDEWALK TO BE INSTALLED AS PART OF
SUBDIVISION DEVELOPMENT CONTR~CT
e4EiS' TJ-:A C}' 552
SIDEWALK TO BE DEFERED AND INSTALLED
BY BUILDER OF THE LOT DEVELOPED
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SIDEW ALK CONSTRUCTION
EXHIBIT C
PROJECT: NORTHWEST CROSSING UNIT 4
Job No. 2040.A4.04 HASS
ANDERSON
Date: 8-31-04
DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
A. DEFERED SIDEW AL
IMPROVEMENTS
I 4' Concrete Sidewalk 11 ,640 SF $2,53 $29,449.20
Deferment $29,449.20
Subtotal
Engineering at $2,208.69
7.5%
Subtotal $31,657.89
10% per $3,265.79
Deferment
Agreement
TOTAL $34,823.68
DEFERMENT
EXHIBIT D
DEFERMENT AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This Agreement is entered into between the City of Corpus Christy, Texas ("City") and
Shaws Development Joint Venture ("Developer"), and pertains to deferral of the
improvements required prior the City's final acceptance of Northwest Crossing Unit 4
subdivision, which was approved by Planning Commission on March 24, 2004, 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 Platting Ordinance to construct seventy-five percent (75%) of the required
improvements, including construction of public sidewalks, as shown on Exhibit 2,
copies of the approved engineering construction drawings, which are attached to and
incorporated into this Agreement, before the final plat is endorsed by the City's Director
of Engineering; and
WHEREAS the Developer has file the plat with the County Clerk of Nueces County,
Texas, at completion of seventy-five percent (75%) of the required improvements as
required in Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; and
WHEREAS, the Developer will deposit the sum of thirty four thousand, eight hundred
and twenty three dollars, and sixty eight cents ($34,823.68) 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:
1. The City agrees to waive the requirement that requires improvements be 100%
completed before the subdivision is accepted by the City's Director of
Engineering and further agrees to allow the Developer to defer the completion of
the construction of the required improvements, including construction of the of
public sidewalks, as shown in Exhibit 2, to be constructed as residential
development occurs for up to two (2) years from the date of this Deferment
Agreement. .. However, within the overall two year deferment period, the sidewalk
Deferment Agreement
EXHIBIT E
improvements specific to each lot in the subdivision are required to be
constructed and inspected before a certificate of occupancy is issued for that lot."
2. The Developer agrees to submit a thirty four thousand, eight hundred and twenty
three dollars, and sixty-eight cents ($34,823.68) letter of credit, with the CITY OF
CORPUS CHRISTI, before the public improvements in the subdivision are
accepted by the City, and if the letter of credit is not submitted this Agreement
shall become null and void.
3. The Developer agrees to construct the required improvements, including
construction of the public sidewalks, in accordance with the City's engineering
standards in effect at the time of construction.
LETTER OF CREDIT OPTION
4. The Developer agrees to submit a thirty two thousand, three hundred and ninety
four, and twelve cents ($32,394.12) deposit, in the form of an irrevocable letter of
credit issued by American Bank, PO Box 6469 Corpus Christi Texas, 78466-
6469 for 110% of the estimated cost of constructing the required improvements,
as shown in Exhibit 3, which is attached to and incorporated into this agreement,
with the City of Corpus Christi on or before the subdivision public improvements
are accepted the City, and if the deposit is not made this Agreement shall
become null and void.
5. Upon completion of the required improvements, including public sidewalks, within
two (2) years, 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:
Shaws Development Joint Venture
101 N. Shoreline Drive, Suite 600
Corpus Christi, Texas 78401
and thereafter refund to the Developer within sixty (60) days of the completion of
construction and settlement of construction contracts, any balance remaining of
all monies received by the City from the Developer, including interest earned.
6. If the required improvements, including construction of the public sidewalks, have
not been completed by March 31, 2007, or if the Developer fails to deposit any
increase security 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 earned, to the appropriate City fund and
the City will then begin completion of the required improvements, including
construction of the of public sidewalks improvements with any monies received
from the Developer, both principal and interest, remaining after completion of
construction being refunded by the City to the Developer. If City constructs all or
Deferment Agreement
any part of the improvements, the Developer agrees to reimburse the City for any
additional cost of the improvements, if the sum of money and interest prove
inadequate to complete the improvements, within thirty (30) days after City
completes the improvements and bills the Developer.
7. 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 required improvements, including
construction of the of the public sidewalks, the money received by the City from
the Developer, remaining on deposit, plus interest earned, will be released and
immediately returned to the Developer.
8. If Developer defaults in any of its covenants or obligations under this Deferral
Agreement, the City Engineer will send Developer and the Project Engineer
written 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.
9. The Developer agrees that the City, after notice in writing 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 mail, 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.
Deferment Agreement
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).
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 parties and their respective heirs, successors and assigns.
,<
EXECUTED in triplicate this n-th day of (YIAroY\
,2005.
Shaws Development Joint Venture
("Developer") ,
101 N. Shoreli e Driv Suite 600
Corpus C I 78401
By:
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
This instrument was acknowledged before me on the 6tf1 day of t-'tq(c.V\ ?-c<
2005, by John Wallace, in the capacity herein stated and as the act and deed of said
entity.
NO ARY PUBLIC, ST TE OF TEXAS
Defennent Agreement
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 9
9
COUNTY OF NUECES 9
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
,2005.
Defennent Agreement
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A.B. &:- ,M S~UH.VET ,'.;'f} 4-,..- :'Fi.S''i'RACT 65.?
(;;","'0'. c'/ ."=.~.=.'.)
t:l..'SlHliii!ii1i
SIDEWALK TO BE INSTALLED AS PART OF
SUBDIVISION DEVELOPMENT CONTR4CT
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LEGEND;
1-
SIDEWALK TO BE DEFERED AND INSTALLED
BY BUILDER OF THE LOT DEVELOPED
"g' ~UR8AN'
Iii iii tD~ I ~ ENGI NEERING
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SDEWALK ....PRO~T DEFEHJ.ENT -:.~:=_=
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SIDEW ALK CONSTRUCTION
EXHIBIT 2
PROJECT: NORTHWEST CROSSING UNIT 4
Job No. 2040.A4.04 HASS
ANDERSON
Date: 8-31-04
DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE
A. DEFERED SInEW AL
IMPROVEMENTS
I 4' Concrete Sidewalk 11 ,640 SF $2,53 $29,449.20
Deferment $29,449.20
Subtotal
Engineering at $2,208.69
7.5%
Subtotal $31,657.89
10% per $3,265.79
Deferment
Agreement
TOTAL $34,823.68
DEFERMENT
EXHIBIT 3
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Cin IIf
Corpu:;,;
Chn:-.II
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or fInns seeking to do business with the
City to provide the following information. Every quesl10n must be answered. If the question is not applicable,
answer with .NA.. See reverse side for defInitions.
COMPANY NAME : SHAWS DEVELOPMENT JOINT VENTURE
P. O. BOX:
S1REET: 101 N. SHORELINE, STE. 600 CITY: CORPUS CHRISTI
FIRM IS:
I.
4.
Corporation ( )
Association ( )
2.
5.
Partnership (X )
Other ( )
3. Sole Owner
ZIP: 78401
( )
DISCLOSURE OUESTIONS
Ifadditional space is n~, please use the reverse side orthis page or attach separate sheet.
I. State the names of each .employee. of the City of Corpus Christi having an .ownership interest< constituting 3%
or more of the ownership in the above named .flrm..
Name
Job Title and City Department (if known)
N/A
2. State the names of each .offieia~ of the City of Corpus Christi having an .ownership interest. constituting 3% or
more of the ownership in the above named .firm..
Name
Title
NIA
3. State the names of each .board member- of the City of Corpus Christi having an .ownership interest.
constituting 3% or more of the ownership in the above named .firm..
Name
Board, Commission, or Committee
NIA
4. State the names of each employee or officer of a .consultant. for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an .ownership interest. constituting 3% or more of the
ownership in the above named .firm..
Consultant
NIA
CERTIFICATE
I certifY that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly
submitted to the City of Corpus Christi, Texas as changes occur.
CertifYing Person: John Wallace Title: Vice President
yp<oc
Date: ,~105
Signature of CertifYing Person:
EXHIBIT 4
9
AGENDA MEMORANDUM
March 29, 2005
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement
with Mr. Armando Ortiz, (Developer), in the amount of $148,470.00 for
public improvements including street pavement, curb, gutter and sidewalks,
sanitary and storm sewer lines and water main to serve Industrial
technology Park Unit 2 subdivision, in accordance with the Platting
Ordinance Section V-Required Improvements, Subsection A.3. (b) and
declaring it an emergency.
ISSUE: Mr. Armando Ortiz, developer of Industrial Technology Park Unit 2 submitted
Deferment Agreement documentation to defer the construction of all, on-site and off-site,
public improvements for the Industrial Technology Park Unit 2 subdivision including street
pavement, curb and gutter and sidewalks, sanitary and storm sewer lines and a water main
in accordance with Platting Ordinance Section V-Required improvements, Subsection A.3
(b).
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a
Deferment Agreement with Armando Ortiz (Developer).
CONDITION: Developer must post a letter of credit or equally liquid negotiable security
with the City in the amount of 110% of the cost of the project, and comply with all other
requirements of the Deferment Agreement.
RECOMMENDATION: Staff recommends approval of the motion as presented.
oily, A.I.C.P.
Dir ctor Development Services
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Background Information
Location Map
Cost Estimates
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The platting and development time schedule of Industrial Technology
Park Unit 2 subdivision located west of South Padre Island Drive (S.H. 358) south of Bear
Lane, required the construction of all, on-site and off-site, public improvements including
the construction of street pavement, curb gutter and sidewalks, sanitary and storm sewer
lines and water mains.
Mr. Ortiz, owner and developer of Industrial Technology Park Unit 2 subdivision has
submitted Deferment Agreement documentation to defer the construction of required public
improvements in accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3. (b). The Planning Commission at its February 23, 2005
meeting recommended the execution of the Deferment Agreement and found reasonable
cause to delay the requirement to complete 75% of the required public improvements to
expedite the recordation of the plat. The Planning Commission on its March 23, 2005
meeting approved the plat for Industrial Technology Park Unit 2.
A deferment agreement, (Exhibit D) between the City of Corpus Christi and Armando Ortiz
will allow the developer to defer the construction of required improvements for a period of
approximately one (1) year from the date the Deferment Agreement is signed and
approved. The deferment of said improvements will allow the Developer to expedite the
recording of the plat and obtain Building Permits to develop the Industrial Technology Park
Unit 2.
The developer has deposit a $148,470.00 cashiers check payable to the City of Corpus
Christi, amount which is 110% of the estimated cost of constructing the required
improvements (Exhibit C), in compliance with the Platting Ordinance Section V- Required
Improvements, Subsection A.3. (b). (1).
Construction plans for the installation of the public improvements will be reviewed and
approved by the City prior the execution of the Deferment agreement.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
EXHIBIT A
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INDUSTRIAL TECHNOLOGY
PARK UNIT 2
LOCATION MAP
l' = 1000'
BASS AND WELSH ENGINEERING
CORPUS CHRISTI, TX
COMPo NO. EXB-LM
JOB NO. 04055
SCALE: AS SHOWN
PLOT SCALE: 1" ~ 50'
PLOT DATe-. -z InT In"
SHEET
EXHIBIT B
Cost Estimate
INDUSTRIAL TECHNOLOGY PARK UNIT 2
STREET ITEM QUANTITY UNIT UNIT PRICE SUB-TOTAL
Excavation 1470 SY $ 13.61 $ 20,000.00
Clearing & Grubbing 1 LS $ 1,000.00 $ 1,000.00
2" HMAC 1200 SY $ 7.00 $ 8,400.00
Caliche Base 1200 SY $ 7.15 $ 8.580.00
SubBase 1470 SY $ 3.60 $ 5,292.00
Curb & Gutter 600 LF $ 9.80 $ 5,880.00
Sidewalk 2400 SQFT $ 2.31 $ 5,544.00
Street Signs 1 LS $ 350.00 $ 350.00
SUBTOTAL $ 55,046.00
STORM WATE ITEM QUANTITY UNIT UNIT PRICE SUB-TOTAL
30" RCP 635 LF $55 $34,925
18" RCP 40 LF $30 $1,200
Manhole 1 EA $2,000 $2,000
5' Curb Inlet 2 EA $2,500 $5,000
Remove and Reset 1 LS $2,000 $2,000
SUBTOTAL $45,125
WATER ITEM QUANTITY UNIT UNIT PRICE SUB-TOTAL
8"PVC 300 LF $19 $5,700
Fire Hydrant Assemb 1 EA $2,600 $2,600
Gate Valve 1 EA $650 $650
Service Lines 2 Ea $1,000 $2,000
8" caps 2 Ea $250 $500
8" 9O-degree bends 2 EA $200 $400
8"Tee 3 EA $400 $1,200
SUBTOTAL $13,050
WASTEWATE ITEM QUANTITY UNIT UNIT PRICE SUBTOTAL
a"pvc 400 LF $19 $7,600
Manhole 1 EA $2,000 $2,000
Service tap 2 EA $365 $730
Service Line 2 EA $1,000 $2,000
SUBTOTAL $12,330
CONSTRUCTION COST $ 125,551.00
ENGINEERING FEE 7.5% $ 9,416.33
MULTIPLIER OF 1.10 $ 13,496.73
$ 118,-4&4.00 ~
14S.4'1().OG
EXHIBIT C
DEFERMENT AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This Agreement is entered into between the City of Corpus Christi ("City") and Mr. Armando Ortiz,
("Developer"), and pertains to deferral of the improvements required prior to filing the final plat of
Industrial Technology Park Unit 2, which was approved by Planning Commission on March 23,2005 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
Platting Ordinance to construct seventy-five percent (75%) of the required on-site and off-site, public
improvements, including construction of street pavement, curb, gutter and sidewalks, sanitary and
storm sewer lines and water mains, Exhibit 2, before the final plat is signed by the City's Director of
Engineering. Detail construction drawings will be provided by the Developer and approved by the
City's Departments of Development Services and Engineering prior to the start of construction; 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 cashiers check payable to the Cityof Corpus Christi in the
amount of one hundred forty eight thousand, four hundred seventy dollars and zero cents,
(148,470.00) 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:
1. 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
further 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 twelve (12) months from the date of
this Deferment Agreement.
DeferAgree
EXHIBIT D
2. The Developer has deposit one hundred forty eight thousand, four hundred seventy dollars
and zero cents, (148,470.00), in the form of a cashier check payable to the City of Corpus
Christi, 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 of Financial Services must approve
the form of the letter of credit.
3. 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 Industrial Technology Park subdivision in accordance with the City's engineering
standards in effect at the time of construction.
4. The principal amount of one hundred forty eight thousand, four hundred seventy dollars and
zero cents, (148,470.00), 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.
5. Upon completion of the deferred improvements, including the construction of street pavement,
curb, gutter and sidewalks, sanitary and storm sewer lines and water mains to serve Industrial
Technology Park Unit 2 subdivision, by March 29,2006, 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:
Mr. Armando Ortiz
102 Airline Road
Corpus Christi, Texas 78405
and thereafter refund to the Developer within sixty (60) days of the completion of construction
and settlement of construction contracts, any balance remaining of all monies received by the
City from the Developer, including interest earned.
6. If the deferred improvements, have not been completed by March 29, 2006, or if the Developer
fails to deposit any increase security 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 earned, 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 Industrial Technology Park 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. If City constructs all or any part of the improvements,
the Developer agrees to reimburse the City for any additional cost of the improvements, if the
DeferAgree
7. 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.
8. If Developer defaults in any of its covenants or obligations under this Deferral Agreement, the
City Engineer will send Developer and the Project Engineer written 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.
9. The Developer agrees that the City, after notice in writing 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 mail, 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).
DeferAgree
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 parties and their respective heirs,
successors and assigns.
EXECUTED in triplicate this t..-{~ day of ~c..t-
Armando Ortiz
,2005.
102 Airline Road
Corpus Christi, Texas 78405
BY:a,tU/~/. ~
Armando Ortiz, Developer.
STATE OF TEXAS S
S
COUNTY OF NUECES s ",lP
This instrument was acknowledged before me on the Z-.7 -;yOf J\1 JA l' G
Armando Ortiz. ~
, 2005, by
e..,
.'... l,j
"
GUIU.alMo M. MEDINA
MY COIIMISSlON EXPtRes
Man:h um
~
A.~
TARY PUBLIC, STATE OF TEXAS
DeferAgree
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 S
S
COUNTY OF NUECES S
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 7.-1 day of
pV(~
,2005.
By: ~tv1 rLku
Joseph Har ey .
Assistant City Attorney
For City Attorney
DeferAgree
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EXHIBIT 1
LDT O. a.K 2. INDUSTRIAl.
TEON1..OGY PMK.
V. 53. P. 70. M. R.
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LOT "'" a.K 2.. INDUSTRIAl.
TEC......D:i1' PARK.
V. 55, P. 70. M. lit
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: I PROP. 24" R.C.P
Stann Sewer
lOT 1, IlK 3. IHIlUSTRIM.
TECI-IO..DGy PARK. V. 46.
p, to!!. 106. 107. .U.
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PROP. 8" P.V.c.,
Sanitary Sewer
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PROP. 15" R.C.P
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PROP. 8" PVC WATE d
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PUBLIC IMPROVEMENTS TO INDUSTRIAL
TECHNOLOGY PARK UNIT 2
EXHIBIT 2
Cost Estimate
INDUSTRIAL TECHNOLOGY PARK UNIT 2
STREET ITEM QUANTITY UNIT UNIT PRICE SUB-TOTAL
Excavation 1470 SY $ 13.61 $ 20,000.00
Clearing & Grubbing 1 LS $ 1,000.00 $ 1,000.00
2" HMAC 1200 SY $ 7.00 $ 8,400.00
Caliche Base 1200 SY $ 7.15 $ 8,580.00
SubBase 1470 SY $ 3.60 $ 5,292.00
Curb & Gutter 600 LF $ 9.80 $ 5,880.00
Sidewalk 2400 SQFT $ 2.31 $ 5,544.00
Street Signs 1 LS $ 350.00 $ 350.00
SUBTOTAL $ 55,046.00
STORM WATE ITEM QUANTITY UNIT UNIT PRICE SUB-TOTAL
30" RCP 635 LF $55 $34,925
,
18" RCP 40 LF $30 $1,200
Manhole 1 EA $2,000 $2.000
5' Curb Inlet 2 EA $2,500 $5,000
Remove and Reset 1 LS $2,000 $2,000
SUBTOTAL $45,125
WATER ITEM QUANTITY UNIT UNI1 PRICE SUB-TOTAL
8"PVC 300 LF $19 $5,700
Fire Hydrant Assemb 1 EA $2,600 $2,600
Gate Valve 1 EA $650 $650
Service Lines 2 Ea $1,000 $2,000
8"caps 2 Ea $250 $500
8" 9O-degree bends 2 EA $200 $400
8" Tee 3 EA $400 $1,200
SUBTOTAL $13,050
WASTEWATE ITEM QUANTITY UNIT UNIT PRICE SUBTOTAL
8"PVC 400 LF $19 $7,600
Manhole 1 EA $2,000 $2.000
Service tap 2 EA $365 $730
Service Line 2 EA $1,000 $2.000
SUBTOTAL $12,330
CONSTRUCTION COST $ 125.551.00
ENGINEERING FEE 75% $ 9,416.33
MULTIPLIER OF 1.10 $ 13.496.73
$ 118. lEi 1.88
~ 148)4'10.QO
EXHIBIT 3
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRM NAME: ....A.Rl':lANP..Q...O.<<..T/.:?................................................................................................................
STREET: .....,......lO'~......AlJ?,..,,!.~....@,).D... CITY: ..(Q.I'?P..\1LC.~.Y.!.m:L....... ZIP: .1.a.4Q.s.......
FIRM is: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0
S. Other 0
..............,...............................................................-.................................................................
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christl having an "ownership Interest" constituting 3~.
or more of the ownership In the above named "firm".
Name Job Title and City Department (if known)
::::":::':':::::::':::::::::::::::':.:::::::.:::::::::~/A:::'::::::::::'::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
2. State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3%
or more of the ownership In the above named "firm".
Name Tme
::::::::::::::.:::::::.:::'::.::::.::::::::':'::":::::::::::::N/A:::::::'::"::.'::::::::::::::::::::::::'::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interesr constituting 3% or
more of the ownership in the above named "lirm".
Name Board, Commission or Committee
.:.::::::.::::::::::::::::::.:::::::'::::.::::::::::::::..:::::::N/A:::::.:::.::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::.::::::::.
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership In the above named ''firm''.
Name Consultant
N1A::..:......:::...:..::..:.::..:::::.::.:.:::::::::.:.:::::::::::::::::.:..::::'::::::::::':::::
CERTIFICATE
I certify that all information provided is. true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: .Ae..~'i)'Q. .Diilz. ......... .......... ........ Title: ......... ....... ............. ........... .......................
Ae or Print)
Signature of Certifying persorL.~.'?".1.~....~.......... Date: 1f(~...<l..~.....1..O""..(~....................
EXHIBIT 4
10
AGENDA MEMORANDUM
March 29, 2005
AGENDA ITEM:
a. Motion approving the Water Distribution Grid Main Construction and Reimbursement
Agreement submitted by Baybreeze Development, L.P., owner and developer of Monte
Verde At Terra Mar Unit 1 subdivision located east of the future extension of Ennis Joslin
Road south of Holly Road for the installation of 1,090 linear feet of a 12-inch PVC water
distribution grid main; and
b. Ordinance appropriating $61 ,683.50 from the Arterial Transmission & Grid Main Trust Fund
No. 4030-540450 to pay developer reimbursement request for the installation of 1,090 linear
feet of a 12-inch PVC water distribution grid main to develop Monte Verde AtTerra Mar Unit
1 subdivision; and declaring an emergency.
ISSUE: Baybreeze Development, L.P., owner and developer of Monte Verde At Terra Mar Unit 1
subdivision, proposes to start the installation of 1 ,090 linear feet of a 12-inch PVC water distribution
grid main along the south side of Holly Road's right-of-way within the subdivision frontage to connect
to an existing 30-inch water transmission main on Holly Road at the intersection of future Ennis
Joslin Road and Holly Road. City Council approval of the Water Distribution Grid Main Construction
and Reimbursement Agreement, and encumbrance of funds from the Arterial Transmission and Grid
Main Trust Fund are required prior to start construction in compliance with Ordinance NO.025424.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
/
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. Holly, A.I.C.P.
Director of Development Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit B-1
Exhibit C
Exhibit D
Exhibit E
Background Information
Area Map
Water Main Location Map
Reimbursement Application
Cost Estimates
Water Distribution Grid Main Construction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Monte Verde At Terra Mar Unit 1
subdivision required a total extension of 1,090 linear feet of a 12-inch PVC water
distribution grid main along the right-of-way of Holly Road. The water distribution grid main
ties to an existing 30-inch water transmission main at the intersection of future Ennis Joslin
Road and Holly Road and will extend 1,090-feet to the east boundary of Monte Verde At
Terra Mar Unit 1 subdivision. The east end the water distribution grid main will be plugged
to allow for future development; on the west end will connect to a proposed 8-inch water
line to be constructed along Holly Road to serve future development west of future Ennis
Joslin Road. (See Exhibit B - Area Map and B -1 Water Main Location Map).
The 12-inch PVC water distribution grid main is required by the City's 1997 Water
Distribution System Master Plan and is eligible for reimbursement as a water grid main in
accordance with the Platting Ordinance.
The total cost submitted by the developer for the installation of 1,090-feet of 12-inch PVC
water distribution grid main is $61,683.50. Therefore, the total reimbursement owed to
Baybreeze Development, L.P., developer of Monte Verde at Terra Mar, Unit 1 subdivision
is $61,683.50.
The developer has submitted a Water Distribution Grid Main Construction and
Reimbursement Agreement and supporting documentation in compliance with provisions of
the Platting Ordinance. The Application for the grid main reimbursement and supporting
cost documentation are attached (see Exhibit C, Reimbursement Application)
Reimbursement is payable upon completion and acceptance of the water distribution grid
main work by the City. The actual reimbursement to be determined based on the actual
construction cost and will not exceed $61,683.50.
RECOMMENDATION:
presented.
Staff recommends approval of the motion and ordinance as
[I Exhibit A II
Page 1 of 1
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APPLICATION FOR WATER LINE REIMBURSEMENT
I, Bavbreeze DeveloDment. L.P. owner and developer of proposed _
Monte Verde at Terra Mar - Unit 1 Subdivision, hereby request reimbursement of $61.683.50 for the installation of the
water grid main in conjunction with
Monte Verde at Terra Mar - Unit 1
Subdivision, as provided for by City Ordinance No. 17092. Said $61.683.50 is the construction cost, including 7-1/2%
engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith.
}P'~y-7/S.-7~~
(Developer)
/'/"/I~ 21. 2- 0 t7.r-
(Date) ,
THE STATE OF TEXAS a
COUNTY OF NUECES a
This instrument was acknowledged before me oB-d--1 ,2005.
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DEe' BORRER
Notaro., ~:. .:tate of Texas
Mv ',>>-'- T, 'sion expires
JI~',l: 27, 2005
CERTIFICATION
The information submitted with this application for reimbursement has been reviewed and determined to be correct.
Reimbursement is subject to:
(a) sufficiency of funds in the (Distribution Main)(Grid and Arterial Main) Trust Fund, and
(b) appropriation and approval by the City Council
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D~ of Engineering
(l'Ity Engineer)
EXHIBIT C
EXHIBIT C
COST CALCULATIONS - WATER GRID MAIN
MONTE VERDE AT TERRA MAR - UNIT 1
ITEM NO. DESCRIPTION
1 12" C900 PVC Water Main
230" x12" Tap Saddle & Valve
3 12" Gate Valve & Box
4 8" Gate Valve & Box
5 12" x12" Cross
612"X8"Tee
7 12" x 8" Reducer
8 12" Plug
9 8" Plug
1 0 Fire Hydrant Assembly
Subtotal Construction Cost
Engineering (7.5%)
Total Eligible for CrediVReimbursement
Total Water System Reimbursement
QUANTITY
1,090
1
3
1
1
1
1
2
2
3
UNIT UNIT PRICE
LF $28.00
EA $10,500.00
EA $1,700.00
EA $625.00
EA $625.00
EA $525.00
EA $525.00
EA $400.00
EA $180.00
EA $2,600.00
TOTAL PRICE
$30,520.00
$10,500.00
$5,100.00
$625.00
$625.00
$525.00
$525.00
$800.00
$360.00
$7,800.00
$57,380.00
$4,303.50
$61,683.50
$61,683.50
EXHIBIT 0
, '
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WATER DISTRIBUTION GRID MAIN CONSTRUCTION
, AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Water Distribution Grid Main Construction and Reimbursement Agreement
("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-
rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and
Baybreeze Development, L.P" ("Developer"), of 800 N. Shoreline, Suite 350, Corpus,
Christi Texas 78401.
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 13.89 acres called Monte Verde at Terra Mar
Unit 1 Subdivision on the south side of Holly Road, east of the future extension of Ennis
Joslin Road, as shown in the attached Exhibit 1.
WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of
12 inch PVC water distribution and grid main in order for the Monte Verde at Terra Mar
Unit 1 Subdivision to have water service; and
,
WHEREAS, Ulider the Platting Ordinance, the Developer is responsible for construction
of 12 inc;h PVC water distribution and grid main; and
WHEREAS, under the Platting Ordinance, the Develbper is eligible for reimbursement
of the Developer's costs for the construction of 12 inch PVC water distribution and grid
main; and
WHEREAS, it is essential that the 12 inch PVC water distribution and grid main be
constructed along Holly Road in connection with the Monte Verde at Terra Mar Unit 1
Subdivision for it will provide future service connections to'the east and west of said
subdivision upon completion of the Monte Verde at Terra Mar unit 1 Subdivision; and
WHEREAS, it is to the best interest of the City and the Developer for the 12 inch PVC
water distribution and grid main be constructed to the size and serve the area specified
in the Water Distribution Master Plan, 1997.
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1. REQUIRED CONSTRUCTION
The Developer shall construct the 12 inch PVC water distribution grid main needed for
the Monte Verde at Terra Mar Unit 1 Subdivision in compliance with the City's Platting
Ordinance and under the plans and specifications approved by City Engineer.
EXHIBIT E
2, PLANS AND SPECIFICATIONS
a. The Developer shall contract with a professional engineer, acceptable to the
City's Director of Engineering Services, to prepare plans and specifications for
the 12 inch PVC water distribution grid main, as shown in Exhibit 2, with the
following basic design:
(1) Install 1 ,090 linear feet of 12" PVC transmission/grid main.
(2) Install 1 (one) 12-inch X 3D-inch Tap Saddle & Valve.
(3) Install 3 (three) 12-inch Gate Valve w/box.
(4) Install 1 (two) 8-inch Gate Valve & Box.
(5) Install one (1) 12-inch X 12-inch Cross.
(6) Install one (1) 12-inch X 8-inch Tee.
(7) Install one (1) 12-inch X 8-inch Reducer.
(8) Install two (2) 12-inch Plug.
(9) Install two (2) 8-inch plug.
(10) Install three (3) Fire Hydrant Assembly,
(11) The water distribution grid main will be constructed along the south side
of Holly Road between the east-most and west-most property lines of the said
subdivision. The water distribution grid main will be plugged at the east
terminal point for future connection; on the west end, at the future extension
of Ennis Joslin Road, it will tap to an existing public 3D-inch Water
Transmission Line installed along Holly Road. The 12-inch water distribution
grid main will also connect to a proposed 8-inch water line to serve areas
west of Monte Verde At Terra Mar Unit 1 subdivision.
b. The plans and specifications must comply with City Standard Water Detail
Sheets and Standard Specifications.
c. Before the Developer starts construction the plans and specification must be
approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the 12 inch PVC water distribution grid main, Developer shall
acquire and dedicate to the City the required utility easement or right-of-way for the
installation of 12 inch PVC water distribution grid main.
4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required
acreage fees and pro-rata fees as required by the Platting Ordinance.
5, DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award
a contract and complete the 12-inch water distribution and grid main, in accordance with
the approved plans and specifications, by March 31,2006.
6. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 12-inch PVC water
distribution and grid main, not to exceed $61,683.50 within 30 days upon invoicing by
the Developer, if the work has been completed and has been inspected and accepted
by the City. The City agrees to conduct periodic inspections of the progress of the work
at key points during the construction.
b, The City will reimburse the Developer for expenses incurred for the preparation of
plans and specifications for the 12-inch PVC arterial transmission and grid main by the
professional engineer hired by the Developer. However, the expenses may not exceed
7.5% of the costs of construction of the 12-inch water distribution and grid main.
7. INDEMNIFICA nON. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from all suits, actions, or claims and from all liability for
any and all injuries or damages sustained by any person, including without limitation
workers compensation, personal injury or death, arising from or incident to this 12 inch
PVC arterial transmission and grid main construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached hereto as Exhibit 3.
9. This agreement becomes effective and is binding upon and shall inure to the benefit
of the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
DEVELOPER:
By: ~~~~ 3-23- OJ
Neil F. Amsler III, Manager
Baybreeze Development, L.P.
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on ~c..h '2. 3 , 2005, by Neil
F. Amsler III, Manager, Baybreeze Development L.P.
~~~,~~
Notary Public, State of Texas
e
GUUSlIoKlM.1otBllNA
o.r; COMMISSION EXI'tIIES
IMI\ I, 2IlOI
EXECUTED IN DUPLICATE originals, this
day of
,2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
Armando Chapa
City Secretary
APPROVED: L day of u1 t.-..L
Assistant City Manager
,2005
By:
~iA-
Joseph arney ~
Assistant City Attorney
For City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2005, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
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EXHIBIT 1
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TAP !eXISTING!
30" WATER MAINI
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1090'- 12"
WATER GRID MAIN
r EXISTING
30. WATER MAIN
Df'!'.
CIy
~B
MONTE VERDE
AT TERRA MAR
UNIT 1
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/~..:) WATER PLAN
~ ..~ EXHIBIT 2
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
Cityof Corpus Christi ordinance 17112. as amended, requires all persons or firms seeking to do business with the City to
proVide the lollowlng Infonnation. Every question must be answered. If the question is not applicable, answer with 'NA',
FIRST NAME: BAYBREEZE DEVELOPMENT, L.P.
STREET: 800 N. SHORELINE, SUITE 350 CITY: CORPUS CHRISTI ZIP:
FIRM IS: 01. Corporation ~. Partnership 03, Sole Owner [)4. Association []s. Other
78401
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or altach separate sheet.
1, State the names of each 'employee' of the City of Corpus Christi having an 'ownershlp interest" constituting 3%
or more of the ownership in the above named "finn'.
Name
Job Title and City Department (if known)
2. State the names of each 'officiar of the City of Corpus Christi having an 'ownership interest" constituting 3% or
more of the ownership in the above named "finn',
Name
TIUe
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "finn'.
Name
NEILL F. AMSLER, III
Board. Commission. or Committee
PLANNING COMMISSION
4. State the names of each employee or officer of a 'consultant' for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named "finn".
Name
Consultant
CERTIFICATE
I certify that aU infonnaUon provided is true and correct as of the date of this statement, that I have not knowingly wi~held
disclosure of any infonnation requested: and that supplemental statements will be prompUy submitted to the City of
Corpus Christi, Texas as changes occur,
Certifyi P NEILL F. AMSLER III Tille: MANAGER
ng erson:
(Type or Print) /7/ >s?.<'I -/'/ _ . b' ? / </.
Signature of Certifying Person: A'~ ~~~~ Date: J- /-c;,r-
EXHIBIT 3
AN ORDINANCE
APPROPRIATING $61,683.50 FROM THE WATER ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030-
540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST
FOR THE INSTALLATION OF 1,090 LINEAR FEET OF A 12
INCH PVC WATER DISTRIBUTION GRID MAIN TO DEVELOP
MONTE VERDE AT TERRA MAR UNIT 1; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $61,683.50 from the Water Arterial Transmission and Grid
Main Trust Fund No. 4030-540450 is appropriated to pay developer's
reimbursement request for the installation of 1,090 linear feet of a 12-inch PVC
water distribution grid main to develop Monte Verde at Terra Mar Unit 1,
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 29th of
March, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED
tr;,,,..c... "1.-,
, 2005.
By: ~ /'=6
Joseph H ney
Assistant City Attorney
For City Attorney
Ord-appr- TeraMar-MV
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: IlWe, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D, Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Ord-appr- TeraMar, MY
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 29, 2005
AGENDA ITEM: Amending the Section 10-86, Code of Ordinances, City of Corpus Christi,
and the Corpus Christi, Texas, Dune Protection and Beach Access Regulations to adopt
the City of Corpus Christi Beach User Fee Plan; increasing the beach parking permit fees;
providing for penalties; providing for severance; and providing for publication.
ISSUE: A formal request was made to the Texas General Land Office (GLO) dated
October 19, 2004, requesting approval of an increase in the beach user fees imposed by
the City of Corpus Christi, the City of Port Aransas, and Nueces County from $6.00 to
$12.00 per calendar year. The General Land Office ("GLO") is requiring us to amend the
City's GLO approved Dune Protection and Beach Access Plan, and adopt a beach user fee
plan. The proposed Amendment to Section 10-86, Code of Ordinances, City of Corpus
Christi will provide appropriate modifications to be consistent with state law.
REQUIRED COUNCIL ACTION: Amendments to a City ordinance requires Council
approval.
PREVIOUS COUNCIL ACTION: Ordinance 021721, July 23, 1993
Ordinance 021722, July 23,1993
Ordinance 024734, January 15, 2002
Ordinance 024736, January 22, 2002
Resolution 024775, February 19, 2002
Ordinance 024808, March 26, 2002
Ordinance 025260, April 15, 2003
Ordinance 02526, April 15, 2003
Resolution 025754, May 11, 2004
CONCLUSION AND RECOMMENDA nON: Staff recommends approval of ordinance as
presented.
1~/(}J
Attachments: Background Information
BACKGROUND INFORMATION
At the request of the General Land Office, the City of Corpus Christi, the City of Port
Aransas, and Nueces County, under an interlocal agreement (Ordinance No, 24734),
established the Mustang Island North Padre Island Beach Parking System in January of
2002. Under the unified beach parking permit system, beach users who purchase a beach
parking permit are entitled to park on any of the beaches that require a beach parking
permit within the three jurisdictions, as well as on no-fee beach areas designated in each
jurisdiction. The revenues received are distributed between the jurisdictions based on the
number of linear feet within each Nueces County's portion based on the number of linear
feet of County beach parkland within both cities,
The City's current GLO approved Dune Protection and Beach Access Plan (Chapter 10,
Code of Ordinances and published separately as the Corpus Christi, Texas, Dune
Protection and Beach Access Regulations, which contain the appendices) does not specify
a specific beach parking permit fee, and does not have a separate "beach user fee plan,"
but does have a general procedure for setting the fees. This procedure was developed to
avoid the lengthy process involved with getting a plan amendment approved. Our
procedures were approved by the GLO and Attorney Generals staffs in 2002. Section 2 of
Ordinance No, 24779, which amended the City's beach user fee procedures, did the initial
beach parking permit fee, but did not include it as part of the actual plan. The current $6.00
fee was approved by the GLO and Attorney Generals staffs at the time, However, the
current GLO staff is now reading the GlO rules as requiring the fees to be part of the
actual GLO approved plan, and is requiring the three jurisdictions that are part of the
interlocal agreement to amend their plans to show the increase. (The GLO did not require
plan amendments when the interlocal agreement and $6.00 beach parking permit fees
were put in place, even though it was a change in the cost for Nueces County,) The
proposed ordinance adopts a beach user fee plan as an appendix to the Corpus Christi,
Texas, Dune Protection and Beach Access Regulations. It contains the information we are
required to submit to GLO when we apply for the initial beach user permit fees and
increases, As drafted it reflects the City's current beach operation and maintenance
practices.
AN ORDINANCE
AMENDING THE SECTION 10-86, CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, AND THE CORPUS CHRISTI, TEXAS, DUNE
PROTECTION AND BEACH ACCESS REGULATIONS TO ADOPT THE
CITY OF CORPUS CHRISTI BEACH USER FEE PLAN; INCREASING
THE BEACH PARKING PERMIT FEES; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 10-86 is amended by adding a new subsection (d) to read as
follows:
"Sec. 10-86. Beach user fees.
.
.
.
.
.
"(d) Appendix XVII contains the City of Corpus Christi Beach User Fee Plan, as required
by Section 15.8(d), Title 31, Texas Administrative Code."
SECTION 2. The Corpus Christi, Texas, Dune Protection and Beach Access Regulations,
as adopted by Ordinance 022164 on February 28, 1995, is amended by adding at
Appendix XVII, City Of Corpus Christi Beach User Fee Plan to read as follows:
"APPENDIX XVII
"CITY OF CORPUS CHRISTI BEACH USER FEE PLAN
"(1) Description of the current beach access system within the City of Corpus Christi, as
demonstrated through evidence such as photographs, surveys, and statistics regarding
the number of beach users:
· "Beach Access Road # 1 (maintained by City of Port Aransas).
· "Beach Access Road #1A (maintained by City of Port Aransas).
· "By traveling south along the beach from Beach Access Road # 1A, which is in
and maintained by the City of Port Aransas. There are 3.73 miles of beach
between the Port Aransas city limits and Beach Access Road #2. The City of
Corpus Christi requires a beach parking permit on this stretch of beach.
· "Beach Access Road # 2 (maintained by City of Corpus Christi). From the
intersection of Beach Access Road #2 a person can travel north to the City of
Port Aransas and south to the northern Fish Pass jetty in Mustang Island State
Park, There are 3.73 miles of beach within the City of Corpus Christi north of
this access road and 1,57 miles of no fee beach within Mustang Island State
R54202A3.doc
2
Park. The City of Corpus Christi has designated the 0,44 miles of beach
between this access road and the northem boundary of the State Park as a no-
fee beach.
· "Mustang Island State Park Entrance Road, which is located within Mustang
Island State Park, an exempt area. An entrance fee is required. This provides
access to beaches between the Fish Pass south jetty and the barriers north of
Beach Access Road # 3. There are 2.26 miles of state park fee beach serviced
by the entrance road.
· "Beach Access Road # 3 (maintained by Mustang Island State Park). From
Beach Access Road # 3 a person can travel south along the beach. There are
2.03 miles of beach between Beach Access Road # 3 and the Newport Beach
Access Road. The first 1,24 miles south of the access road are within the State
park. The next 0,79 miles of beach is owned and maintained by Nueces
County. Nueces County requires a beach parking permit on this 0.79 mile
stretch of beach.
· "Newport Pass Beach Access Road (maintained by Nueces County). There are
1,20 miles of beach between Newport Pass Beach Access Road and Zahn
Road. The first 0.79 miles of beach is owned and maintained by Nueces
County, as part of the Beattie Natural Area. The next 0.41 miles of beach is
under private ownership, Nueces County currently requires a beach parking
permits for the 0.79 miles of beach that is owned by the County. The City of
Corpus Christi requires a beach parking permit on the 0.41 mile stretch of beach
under private ownership.
· "Zahn Road (maintained by City of Corpus Christi). There are 0.08 miles of
beach between Zahn Road and the Packery Channel North Jetty, The City of
Corpus Christi requires beach parking permits on this stretch of beach.
· "Beach Access Road # 3-A via Windward Drive (maintained by City of Corpus
Christi). There are 0.35 miles between the Packery Channel South Jetty and
Beach Access Road # 3-A, and there are 0.81 miles of beach between Beach
Access Road # 3-A and Whitecap Boulevard. The beach between Beach
Access Road # 3-A and Whitecap Boulevard is in seaward of the North Padre
Island Seawall. This stretch of beach is frequently closed to vehicle traffic due
high water conditions. The City of Corpus Christi requires beach parking
permits on this stretch of beach during periods the beach is open to vehicular
traffic.
· 'Whitecap Boulevard (maintained by City of Corpus Christi). This access road
marks the southern end of the seawall, There are 0,21 miles of beach between
Whitecap Boulevard and Beach Access Road #4. The beach is owned by the
General Land Office, The City of Corpus Christi requires beach parking permits
on this stretch of beach.
R54202A3.doc
3
· "Beach Access Road # 4 (owned and maintained by Nueces County). This
beach access road is the northern end of Padre Balli Park, which is owned and
maintained by Nueces County. There are 2,43 miles of beach between Beach
Access Road # 4 and Beach Access Road # 6, Nueces County requires a
beach parking permit on 0.94 miles of beach, 0,29 miles of this stretch are
designated as no-fee beach.
· "Beach Access Road # 5 (owned and maintained by Nueces County). This
beach access road is within Padre Balli Park, owned and maintained by Nueces
County.
· "Padre Balli Park Entrance Road (owned and maintained by Nueces County),
This beach access road is within Padre Balli Park, owned and maintained by
Nueces County,
· "Beach Access Road # 6 (Owned and maintained by Nueces County). This
beach access road is the southern end of Padre Balli Park, owned and
maintained by Nueces County. There are 8,08 miles of beach between Beach
Access Road #6 and the north beach access road within Padre Island National
Seashore (PINS). Beach parking permits are currently required on the 0.23
mile stretch of beach in Nueces County and 1.57 miles of beach in Kleberg
County, There are 7.85 miles of beach in Kleberg County that are not in PINS,
and 1.20 miles of beach within PINS. The City of Corpus Christi has designated
0.10 miles of beach in Kleberg County as a no-fee beach,
· "Beach Access Road "North" (located within Padre Island National Seashore,
an exempt area). No entrance fee required, The beach is barricaded by PINS
south of this access road.
"Tab 1 is an aerial photograph that shows the locations of the beach access roads
and identifies the fee vs. no-fee beaches within the City of Corpus Christi.
"Appendix VII, City of Corpus Christi Dune Protection and Beach Access
Regulations identifies the fee vs. no-fee beaches.
"Approximately 8 - 12 million visitors use these beaches on Mustang and North
Padre Islands each year. However, there are no available vehicle traffic counts on
the access roads,
"(2) List and description of all existing beach user fees charged by the local government
and by all other local governments in the same county:
"City of Corpus Christi -- $12,00 per calendar year.
"City of Port Aransas -- $12,00 per calendar year
"Nueces County -- $12,00 per calendar year,
R54202A3.doc
4
"Kleberg County - None
"(There are 1.58 miles of beach in Kleberg County within the City of Corpus Christi.
The southern most 0.10 mile, which abuts the unrestricted beach in Kleberg
County, has been designated as a no-fee beach,)
"(3) Provide all legal authority, including local ordinances that authorize the collection of
existing beach user fees:
"Article VI, Chapter 10, Code of Ordinances, City of Corpus Christi, authorizes the
collection of beach user fees, This article is part of the City of Corpus Christi's
General Land Office approved Dune Protection and Beach Access Plan, which the
City of Corpus Christi refers to as the City of Corpus Christi Dune Protection and
Beach Access Regulations,
"The governing bodies of the City of Corpus Christi, City of Port Aransas, and
Nueces County have executed an interlocal agreement relating to the Mustang and
North Padre Island Beach Parking Permit System. Appendix VII, City of Corpus
Christi Dune Protection and Beach Access Regulations contains a copy of the
interlocal agreement; the first amendment to Attachment C of the interlocal
agreement, which is the Mustang and North Padre Island Beach Parking Permit
System Standard Operating Procedures, and which sets the fee upon TGLO
approval.
"(4) Analyze and state of how the proposed user fee is or is not consistent with state
standards in TGLO regulations for preserving and enhancing public beach access
"The Mustang and North Padre Island Beach Parking Permit System fees only
apply to vehicles that are parked on certain beaches within the three jurisdictions.
No beach parking permit fees will be collected from vehicles parked on "no fee
beaches", including the beach in Port Aransas between the jetty and Caldwell Pier
(I. B. McGee County Park) and between mile marker 52 and mile marker 58, the no
fee beaches within Mustang Island State Park, the beach between the northern
boundary of Mustang Island State Park and Beach Access Road # 2, the no fee
portions of the beaches within Nueces County's Padre Balli Park (paved parking
areas between the road and sand), and 0.10 miles of beach located within the area
of the City of Corpus Christi that is within Kleberg County.
"A beach parking permit is not required for pedestrian access to any beaches within
the three jurisdictions, nor is a fee required to drive on any beaches.
"The revenues from beach user fees will be used only for beach-related services,
as defined in 30 TAC 15.2(11), including costs relating to:
· "Ensuring safe use of and access to and from the public beach, including
vehicular controls, management, and parking regulations.
· "Acquisition and maintenance of off-beach parking and access ways.
R54202A3.doc
5
· "Sanitation and litter control, including providing and servicing trash
receptacles,
· "Providing lifeguard and lifesaving services.
· "Beach maintenance, including removal of debris and relocation of
seaweed.
· "Law enforcement.
· "Beach nourishment projects.
· "Beach/dune system education,
· "Beach/dune protection and restoration projects,
· "Providing public facilities such as portable restrooms, showers, and
picnic areas,
· "Permitting of recreational and refreshment vendors.
"Not more than 10% of the beach parking permit revenues will be used for
reasonable administrative costs directly related to beach-related services. Both
cities and Nueces County will send quarterly reports to the General Land Office
stating the amount of beach user fee revenues collected and itemizing how beach
user fee revenues are expended,
"In the 28.77 miles of beach between the South Jetty at Port Aransas and the north
beach access road in Padre Island National Seashore, there will be over 11.1 miles
of free beach (38,6%) available to the public.
"(5) Describe how the beach user fee relates to beachfront construction, vehicular
controls, and parking, and dune protection within the City of Corpus Christi:
''The Mustang and North Padre Island Beach Parking Permit System beach user
fees do not directly relate to beachfront construction. The beach user fees are
used to fund some of the costs incurred by the jurisdictions to control vehicular
traffic, particularly during high use periods. The beach user fees only have a
tangential effect on dune protection. The beach user fees enhance dune protection
through the jurisdictions' beach/dune system education efforts (including warning
signs and information kiosk), law enforcement activities (including enforcing
prohibitions on operating vehicles within the dunes), and through beach/dune
protection and restoration projects (including the use of Christmas trees and
seaweed to create new coppice dunes).
R54202A3,doc
6
"(6) State any short-term or long-range goals relating to the collection and use of beach
user fees:
"Short term goals. If there are adequate revenues, which are dedicated to beach
related services (including the beach parking permit fees, grants from the Texas
General Land Office for beach cleaning and maintenance under their Beach
Maintenance Reimbursement Fund Program, and municipal hotel tax revenues
collected under S351.107(e), Texas Tax Code), the City will use the beach parking
permit fees to try to maintain and enhance the following level of beach services:
"Trash collection ,-
"Trash cans are available every 1/10 mile during peak and off-peak
seasons. The number of trash cans at most 1/10 mile markers is
increased during the peak season.
"Trash is collected twice a week on Mondays and Fridays during
peak and off-peak seasons,
"Trash is collected daily on holidays weekends, during special events,
and other weekends during the peak season with heavy beach use,
"Loose trash on the sand is picked up on a daily basis.
"Servicing portable sanitary facilities __
"Portable sanitary facilities are provided on beaches maintained by
City during the peak season.
"Portable sanitary facilities are provided between the Port
Aransas city limits and Access Road 2.
"No portable sanitary facilities are provided between Access
Road 2 and Mustang Island State Park.
"Portable sanitary facilities are provided between the southern
boundary of the Nueces County's Newport Pass property and
Zahn Road.
"Portable sanitary facilities are provided between the Zahn
Road and the north end of the Padre Island seawall.
"Portable sanitary facilities are provided between south end of
the Padre Island seawall and Padre Balli Park,
"No portable sanitary facilities are provided south of Padre
Balli Park.
R54202A3.doc
R54202A3,doc
7
"During the off-season, a limited number of portable sanitary facilities
are provided between the Port Aransas city limits and Access Road 2
and between the southern boundary of the Nueces County's Newport
Pass property and Nueces County's Padre Balli Park..
"The portable sanitary facilities are pumped out twice a week during
the peak season and once a week during the off-peak season.
"The portable sanitary facilities are cleaned on a daily basis.
"Beach cleaning, including removal of heavy seaweed _
"The beaches are cleaned on a daily basis,
"Extra effort expended before Spring Break, holiday weekends, and
special events.
"Extra effort expended during periods with heavy inundation of
seaweed.
"Law enforcement, including animal control and fire prevent _
"Beaches are patrolled by random ad hoc police patrols during each
twenty four hour period during off-peak season.
"Frequency of random ad hoc police patrols is increased during peak
season, with a heavier police presence during high use periods.
"Special traffic/crowd control measures are implemented during high
use periods, especially during Spring Break, holiday weekends, and
special events.
"Lifeguard, lifesaving, and emergency medical services-
"Provided between hours of 12 noon and 6:00 p,m., seven days a
week during Spring Break and from Memorial Day weekend through
Labor Day,
"Provided between hours of 12 noon and 6:00 p.m., on weekends
during September and October.
"Notes:
"Peak season is from March 1 to October 31.
"Off-peak season is from November 1 to the last day of February.
8
"If there are inadequate revenues to meet the City's short term goals,
the City will adjust the level of beach related services that are
provided.
"The City will try to maintain the highest level of services on
the following beaches maintained by the City:
"The beaches in front of the condominium projects that
generate the municipal hotel tax revenues collected
under 9351.107(e), Texas Tax Code, These are the
beaches between the Port Aransas city limits and
Beach Access Road # 2.
"The beaches between the Nueces County Newport
Pass beach and Nueces County's Padre Balli Park.
These beaches have the highest usage.
"The beaches between Beach Access Road # 2 and Mustang
Island State Park will be assigned the next priority.
"The beaches in Kleberg County will be assigned the lowest
priority.
"Long term goals. If there are adequate revenues, which are dedicated to beach
related services (including the beach parking permit fees, grants from the Texas
General Land Office for beach cleaning and maintenance under their Beach
Maintenance Reimbursement Fund Program, and municipal hotel tax revenues
collected under 9351.1 07(e), Texas Tax Code), to meet the City's short term beach
services goals, the City will use a portion of the beach parking permit fees to
establish a beach services trust fund that can be used for the following beach
related projects:
"Provide all weather off-beach parking area adjacent to seawall on North
Padre Island
"Provide improved recreational amenities as part of North Padre Island
Storm Protection and Restoration Project
"Create and delineate pedestrian safe areas
"Acquire and construct additional beach access, including construction of
roads and pedestrian dune walkovers available to the public
"Create additional off beach parking areas
"Establish a program for the periodic replacement and upgrading of vehicles
and equipment used to provide beach related services."
R54202A3.doc
9
SECTION 3. The fee schedules for beach parking permits prepared by the City Manager
under Section 1 0-86(a)(1), Code of Ordinances, shall impose a fee of $12,00 per calendar
year, for each vehicle parked on a public beach within the city, except within the Mustang
Island State Park or any area designated as a free beach areas in Appendix VII of the City
of Corpus Christi, Texas, Dune Protection and Beach Access Regulations,
SECTION 4. This ordinance goes into effect upon the General Land Office's certification
for consistency, under s15.8(e) ofTitle 31 of the Texas Administrative Code, of the $12,00
beach parking permit fee, the amendments to Section 10-86, Code of Ordinances, and the
addition of Appendix XVII to the City Of Corpus Christi, Texas, Dune Protection And
Beach Access Regulations,
SECTION 5. 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 6. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 7. 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.
R54202A3.doc
10
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:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2005 by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
/ti
APPROVED: d- tj day of /1fa j/'c..1
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2005.
Samuel L. Neal, Jr.
Mayor
,2005:
R54202A3.doc
10
12
CITY COUNCIL
AGENDA MEMORANDUM
March 22, 2005
AGENDA ITEMS:
Ordinance approving the FY 2005 Capital Budget in the amount of $178,074,800
ISSUE: The City of Corpus Christi's Comprehensive Plan, as outlined in the City
Charter, requires the development of a capital improvement program and annual
capital budget. The City Council is required to approve the Plan and Capital Budget
annually.
BACKGROUND:
The City Council received an introduction to the Proposed FY 2005 Capital Budget and
Capital Improvement Planning Guide on March 8, 2005. A public hearing to receive citizen
input was also held on March 8, 2005.
REQUIRED COUNCIL ACTION:
Approval of 1st Reading of FY2005 Capital Budget Ordinance
FUTURE COUNCIL ACTION:
2ND Reading of FY 2005 Capital Budget Ordinance at the March 29, 2005 Council
Meeting.
r
.3 I~ r
el R. Escobar, P,E.
Director of Engineering Services
,/)~71m~
Oscar Martinez
Assistant City Manager
\\
BACKGROUND INFORMATION
The Proposed FY 2005 Capital Budget totals $178,074,800 and is categorized in the
following summary:
Airport
Park and Recreation
Public Facilities
Public Health & Safety
Streets
Gas
Storm Water
Wastewater
Water
Water Supply
$ 6,709,400
6,044,400
9,040,000
43,194,000
22,352,600
1,255,000
25.384,700
25,594,900
31,705,000
6,794,800
TOTAL
$178,074,800
Utilities' Capital Proiects
The City Council approved a 5% rate effective August 1, 2004, to fund various utility
projects in the Proposed FY 2005 Capital Budget.
General Obliaation Proiects
Proposed FY 2005 expenditures reflect anticipated expenditures for projects approved and
funded in the Bond 2004 Program. Funding for proposed long-range general obligation
projects such as streets, parks, libraries and other public facilities must be provided for by
future bond issues.
ORDINANCE
APPROVING THE FY 2004-2005 CAPITAL BUDGET IN THE
AMOUNT OF $178,074,800.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1: That the 2004-2005 Capital Budget in the amount of $178,074,800 is
approved. A copy of the 2004-2005 Capital Budget is on file in the Office of the City
Secretary.
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2005, by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED this the
Day of
,2005.
ATTEST:
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: March 15, 2005
,~~
Lisa Aguilar
Assistant City Attorney
for City Attorney
13
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update on Buc Days 2005
OUTSIDE PRESENTER(S):
Name
Title/Position
OrQanization
1. Barry E. Box
Executive Director
Buccaneer Commission, Inc.
ISSUE: Update on Buc Days 2005 including planned utilization of city
facilities around and including the new American Bank Center arena.
Gh~
City Manager
Powerpoint
Ii'J
14
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Second Quarter Report of the Health Benefit/Risk Management
Fund
STAFF PRESENTER(S):
Name
1. Cynthia C. Garcia
2.
3.
Title/Position Department
Director of Human Resources Human Resources
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1.
2.
ISSUE: Because of the unpredictability and fluctuation of the activity in Health
Insurance, Workers Compensation, and General Liability, the Council has asked for
quarterly presentations of incurred costs, and amounts paid in the Health Benefits/
Risk Management Fund.
BACKGROUND: Staff has been making quarterly presentations to the Council
for three years, so that the Council can make adjustments to the Budget, as
needed, and informed decisions regarding insurance premiums.
REQUIRED COUNCIL ACTION: None
~~.kL
Cynt a C. Garcia
ATTACHMENTS:
Quarterly Report
Power Point Slides
City of Corpus Christi
Risk Management Report
For the Period Ended
January 31, 2005
City of Corpus Christi, Texas
Department of Human Resources
Risk Management Fund
Report for Period Ended January 31, 2005
TABLE OF CONTENTS
Health Benefits, . , .. , . .. , , , .. . , , , . , , , , , .. . , , . .. . , , , , , , .. . , .. , , , .. .. . . , , , , , , .. , .. .. .. .. . , , , . .. , , , . .. .. .. .. .. . , . .1
Workers' Compensation......""""",.."""..",."......... ..........,..........."...".,..,..." .....6
General Liabilities......,.,...",.....,..""..""..,....,........................,............,.....,.", ...14
Health Benefits
Graphs H-l and H-2 below provide the claims count and dollars paid for each of the City's
health plans for Fiscal Years 2004 and 2005, The data itself is provided in Tables H-I and H-2
following each graph.
Number of Claims Filed by Plan
Period Ended January 31, 2005
9000
8000
7000
6000
.
E 5000
'"
(;
'S 4000
..
3000 '
2000
1000
o '~
Aug 03
Nov 03
Feb 04
May 04
Month
Aug 04
Nov, '04
I-+-Basic _CC & Q+ -'-Fire ~Police ~D&V -+-Total-FY04 Trend I
Graph H-l
Number of Medical Claims Filed
Year Au. Sent 0" Nu. Dee J." Fe. M.. A", M.. Jun Ju' Total
Citicare FY04 2,693 4,776 4,516 3,634 3,161 3,430 3,868 4,064 3,887 3,883 3,710 3,841 45463
FY05 2863 5,028 4,229 3,751 3,811 3,871 23,553
CiticareFire FY04 694 983 950 775 770 797 809 906 904 1,028 830 778 10,224
FY05 685 1,130 999 928 947 924 5,613
CiticarePD FY04 786 1,286 1,228 1,035 1,122 1,058 1,191 1,306 1,112 966 985 948 13023
FY05 7ll 1,352 1,321 1137 1064 1,126 6711
CiticareBasic FY04 40 125 78 85 64 89 130 83 130 99 107 95 I 125
FY05 118 98 127 83 136 119 681
Total FY04 4,213 7,170 6,772 5,529 5,117 5374 5998 6359 6033 5976 5,632 5662 69835
FY05 4377 7608 6,676 5899 5958 6040 - - 36558
Table H-l
I
Dollars Paid by Plan Including Prescriptions
Period Ended January 31, 2005
$1,800,000
$1,600,000
$1,400,000
$1,200,000
~ $1,000,000
.!l!
'0 $800,000
'"
$600,000
$400,000
$200,000
$-
Aug 03 Nov 03
...............Sasic
_______O&V
Feb 04
____ CC & Q+
May 04
~Fire
Au 04
Nov. '04
~ Police
--Rx
_Total
-FY04 Trend
Graph H-2
Dollars Paid (In Thousands)
Year A.- Sent Oct No, D" Ja" Feb M" A", Ma' Ju" Jul Total
Citicare FY04 947 799 714 477 620 461 595 699 605 653 638 659 7866
FY05 675 807 739 694 747 719 4,381
CiticareFire FY04 122 122 109 97 88 113 158 100 134 177 133 104 1457
FY05 94 116 170 III 122 114 727
CiticarePD FY04 294 198 169 162 197 190 197 317 178 286 251 202 2,639
FY05 103 390 240 154 147 225 1.259
CiticareBasic FY04 1.541 22.675 14.011 9.899 4.331 9.923 11.966 4.958 6.945 10.675 11.060 7.280 115
FY05 9.158 12.514 9.078 11.511 14,211 14.227 71
Pharmac FY04 267 201 200 191 211 221 210 236 221 218 214 221 2,610
FY05 220 229 247 231 271 264 1462
Total FY04 1.631 1343 1,206 936 1,120 994 1,171 1,357 1,145 1345 1246 1192 14,687
FY05 \,101 1,555 1,405 1,202 1,301 1336 - 7.900
Table H-2
Table H-3, shown next, provides information regarding the change in claims filed and dollars
paid for each of the three major health plans (Citicare, Fire and Police) from the first six months
of Fiscal Year 2004 to the same period in Fiscal 2005.
2
2nd Quarter Comparison
Claims % %
Count Chann8 Dollars Paid Chann8
Citicare FY04 22,210 $ 4,017,169
FY05 23,553 6,05% 4,380,094 9,03%
Citicare Fire FY04 4,969 651,459
FY05 5,613 12.96% 726,878 11,58%
Citicare PO FY04 6,515 1,209,342
FY05 6,711 3.01% 1,258,659 4.08%
Citicare Basic FY04 481 62,380
FY05 681 41.58% 70,700 13,34%
Pharmacy FY04 38,202 1,290,807
FY05 41,196 7,84% 1,461,649 13,24%
Table H-3
Graph H-3 below shows the average cost per member in total for each of the three past three
fiscal years as well as Fiscal Year 2005 to-date. Graph H-4, shown next, compares the average
cost per claim for each of the health plans during the first half of the year for Fiscal Years 2004
and 2005, Table H-4 provides the data charted in Graph H-3 split out between both medical and
pharmacy claims. This is then followed by Table H-5 which summarizes the In-Network
benefits for the Citicare, Fire and Police health plans.
Cost Per Claim
450
400
350
300
I!! 250
.!
'0
Cl 200
150 ' --'-r'--
100
50
-L
i
I
1
I
...1- . r---r-
Aug Sept Oet Nov Dee Jan Feb Mar Apr May Jun Jul
l-:-+-:- FY02 --- ~Y03 ....... FY04 -- FY051
Graph H-3
3
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Plan Deal n-cha ea
Em 10 ee ani remium
Cit contribution for Em onl
Est cost/em 10 ee onl
Dependent contrib by City
souse - full famil
In network deductible
Use out of network provider
Out of Pocket Limit
networlc
$380.12/annum
$3,033.94/annum
$3,41.4.06/annum
$908.44/annum
$2,535,78/annum
$3.444,22/annum
o
$4,449.38/annum
$4,449.38/annum
$1,851.46 - 2,99624/annum $2,081.56 - 3,366.48/annum $2,693.34 - $4,357.34/annum
$105 or 30%, whichever $30 $60
greater
$30 0 $15.00
When no network provider When no network provider When no network provider
within @40 miles, pays at 80% within @40 miles, pays at 80% within @40 miles, pays at 80%
vs. 50% out of network - mainly \IS. 70% out of network - mainly \IS. 70% out of network - mainly
for those who have moved out for those who have moved out for those who have moved out
~~ ~~ ~~
None, but has $200 hospital $1001 d..d 1.$300/f'l None, but has $200 hospital
deductible In IVI US, ami y deductible
$750 out of network deductible, No change in deductible or out $200 out of network deductible;
coinsurance drops to 70%, and of pocket limit, coinsurance coinsurance rate drops from
out of pocket limit goes from rate rate shifts from 85% to 85% to 70%; out of pocket limit
$2K to $8K 70% (but that has little effect goes from $500 in network to
when out of pocket limit $700
does not change. )
in In network, $2,000,OO/individ, In network, $525.00/individual, In network, $500,OO/individual,
$6,000/family $1,575/ family $1,250/ family
$8,OOO.00/individual,
$24,000 famil
$525/individual,
$1 575/famil
$700lindividual, $1,750/family
Out of Pocket Limit
out of networlc
Table H-5
5
Workers' Compensation
General Information
Table WC-I below gives summary claims data for the Workers' Compensation self-insurance for
the second quarter of each year since Fiscal Year 2001. Fiscal Year 2005 continues its trend of
lower claims counts and incurred dollars than in previous years for the same time frame. Nearly
half of the current year's incurred costs have already been paid out. Additionally, significantly
fewer Indemnity claims have been paid on while the number of claims for which no dollars have
been paid continues to decline. This would seem to indicate that the number of "near miss"
claims is on the decline,
WORKERS' COMPENSATION
5- YEAR NEW CLAIMS HISTORY
(Fiscal Year Basis - Period Ended January 31)
Year FYOl FY02 FY03 FY04 FY05
Total number of Claims 651 563 512 511 480
Total Incurred $ 672,091 $ 876,628 $ 1,171.712 $ 1,139,845 $ 565,031
Total Paid $ 261,080 $ 322,767 $ 412,443 $ 361,314 $ 276,772
% of Total Incurred Paid Out 39% 37% 35% 32% 49%
Number of Claims Paid> $1.00 224 244 286 341 321
Number ofIndemnitv Cases Paid On 43 54 50 67 39
Number ofMO Cases Paid On 181 190 236 274 282
Number of Claims Not Paid On 427 319 226 170 159
% Indemnitv Cases of Paid-on Cases 19.20% 22.13% 17.48% 19.65% 12,15%
Number ofCCFD Claims 103 94 73 72 65
Number of CCFD Resoonse Calls 12,629 13,753 13,577 14,387 14,737
CCFD Claims~er Call 0.0082 0,0068 0.0054 0.0050 0,0044
Number ofCCPD Claims 193 166 132 161 123
Number ofCCPD Resoonse Calls 79,629 84,392 78,879 84,486 82,358
CCPD Claims~er Call 0,0024 0.0020 0.0017 0,0019 0.0015
Table WC-l
Graph WC-I and Table WC-2 provide claims count data by department. With the exception of
Parks, each department has been experiencing a gradual decrease in the number of workers'
compensation claims during the first quarter of each successive year. The Police and Fire
departments continue to decrease their claims as do the Gas and Street departments, Water is
relatively consistent from year to year and Solid Waste is about where it was for the same time
last year. However, Parks and Wastewater are showing increases over Fiscal Year 2004
numbers.
In order to address the issue of job safety, Risk Management staff has been performing intensive
safety training sessions for each of the City's service departments, This training has already
been completed for most of the service departments (Streets, Animal Control, Solid Waste, and
Maintenance Services) and has been initiated for Park Maintenance. Where implemented, this
program has had a positive effect in reducing the number and severity of on-the-job injuries,
Additionally, the City will soon begin a pilot project with the Police Department involving the
installation of cameras on the dashboards of patrol cars. These cameras use a continuous feed of
audio and video. Upon thc occurrence of an accident or other "event" involving the vehicle,
6
these "DriveCams" permanently record the data of a few seconds prior to and several seconds
after the triggering event. In organizations where DriveCams have been installed there has been
a significant improvement in driver safety as well as a reduction in the number of liability claims
filed against the organization, The initial pilot project will consist of 20 cameras purchased this
Fiscal Year. Plans are to expand the project still further in upcoming Fiscal Years, both within
the Police Department, and within other departments as well.
Year to Date Claims Count Comparison
(Period Ended January 31)
700
600
500
-
c 400
'"
8 300
200
100
o
FY01
FY02
FY03
FY04
FY05
. All Other
E1Street
.Gas
. Water
. Wastewater
. Parks
. Solid Waste Services
. Fire
o Police
2nd Quarter
Graph WC-I
Cumulative 2nd Quarter Comparison - Claims Counts
FYOl FY02 FY03 FY04 FY05
Department Count Count Count Count Count
Police 193 166 132 161 123
Fire 103 94 73 72 65
Solid Waste Services 95 88 80 56 58
Parks 29 29 19 28 42
Wastewater 42 37 30 28 33
Water 24 15 24 21 22
Gas 29 23 27 31 20
Street 21 23 15 20 15
All Other 115 88 112 94 102
Total 651 563 512 511 480
Table WC-2
Graph WC-2 and Table WC-3 present the incurred costs for workers' compensation claims at the
end of the second quarter for each of the past 4 years and Fiscal Year 2005. Incurred costs on
Workers' Compensation claims have dramatically improved over Fiscal 2004 numbers for the
Police, Fire, Gas and Street departments. Wastewater, Solid Waste and Parks have had increases
over prior years over all. With regards to claims in the Parks department, the two largest
contributors to the increase in incurred costs are both due to musculoskeletal injuries.
7
$1,400,000.00
$1,200,000.00
$1,000,000.00
l!!
.!1! $800,000.00
;3 $600,000.00
$400,000.00
$200,000.00
$0.00
Department
Police
Parks
All Other
Solid Waste Services
Wastewater
Street
Fire
Gas
Water
Total
Year to Date Incurred Cost Comparison
(Period Ended January 31)
. Water
EilGas
. Fire
. Street
. Wastewater
. Solid Waste Services
. All Other
. Parks
FY02 FY03 FY04 FY05 0 Police
FY01
Cumulative 2nd Quarter Comparison - Incurred Costs
FY01
Incurred
$149,409.47
19,975,24
173,974.50
98,268.00
22,528.83
23,25904
116,024.75
47,785,96
20,864.88
$672,090.67
2nd Quarter
Graph WC-2
FY02 FY03
Incurred Incurred
$300,793.27 $397,808,77
46,361.18 13,933,06
167,614.00 246,084.70
76,688.85 57,271.33
44,227.92 78,348.18
50,740.27 68,226.95
112,518.34 270,643,85
10,842.02 23,204.47
66,842.25 16,190.48
$876,628,10 $1,171,711.79
Table WC-3
FY04
Incurred
$585,463.28
19,968.88
186,048,66
83,578.77
37,533,37
47,541,10
126,394.64
42,036.17
11,279.88
$1,139,844,75
FY05
Incurred
$138,395.22
93,057.92
91,587.67
90,671,74
58,721.43
32,343.79
31,716.42
15,708.37
12,828.86
$565,031.42
Graphs WC-3 and WC-4 below compare incurred costs to paid costs and paid-on cases to non-
paid cases, Unlike previous years, Fiscal 2005' s dollars paid are one half of the incurred costs,
which would indicate that claims filed thus far this year are somewhat less serious in nature than
those of prior years.
8
Incurred Costs vs Paid Costs
$1,400,000
$1,200,000
l!! $1,000,000
.J! $800,000
o $600,000
C
$400,000
$200,000
$-
FY01
FY02
FY03
FY04
FY05
Fiscal Year - Period Ended January 31
I.Tclallncurred . Total Paid I
_.u______.
Graph WC-3
700
500
--j
-------- ----
600
100
400
300
200
FY01
FY02
FY03
FY04
FY05
I_ Number of Claims -Not Paid On 0 Number of Indemnity Cases Paid On 0 Number of MO Cases Paid On
Graph WC-4
Incurred Cost and Claims Maturation
Graphs WC-3 and WC-4, shown above, represent dollars paid during the first half of each year
for claims filed during the first half of each year. However, since many claims are not closed
immediately, at any given time the City will be paying for claims filed months or years previous.
Graph WC-S below reports the amount of money paid out during the first half of Fiscal Year
2005 for claims which were filed in previous years,
9
Dollars Paid in Current Year
for Prior Years' Claims
$900,000
$800,000
$700,000
~ $600,000
~ $500,000
... $400,000
~ $300,000
$200,000 $147,179 $130,553
$100,000 $13,706 $25,921
$,
$764,721
Prior to
FY2000
FY2000
FY2001
FY2002
FY2003
FY2004
Year of Claim
Graph WC-S
Tyve of Accident
Graph WC-6 shown next provides claims count data by the type of accident occurring during the
first six months of each of the recent fiscal years. Injuries due to bums have dropped
significantly over the past several years while other accident types in general have remained
fairly consistent from year to year.
I 700
I 600
500
I
- 400
l:
::l
0 300
u
200
100
0
Year-to-Date Claim Count by Type of Accident
(Period Ended January 31)
--
--,---,---
. Striking againsVstepping on
o Police apprehension
. Foreign body in eye
. AnimaVlnsect Bite
1!3 Strain/Injury by
It! Strucklinjured by
. rv1otor vehicles
IIIAJ10ther
. Falls/Slips
. Cuts/Scrapes
o Caught Between
. Burns/scalds
FY01
FY02
FY03
FY04
FY05
Graph WC-6
10
ACCIDENT TYPES BY QUARTER
-~'-'-'- -
PERIOD ENDED JANUARY 31
--- ------'--".
Accident TVDe FY01 FY02 FY03 FY04 FY05
------- _ n_.~__'_
~I Oth~~~,_ 77 62 90 78 78
._n___ ---..--
Animal/Insect Bite 27 21 24 42 30
~_._.- ---------- _u___~ --- - ----
Burns/scalds 54 28 13 7 8
Caught Between '-----. ,----.-. - --. , 16
12 12 7 6
Cuts/Scrapes 45 34 45 1- 37 39
--, __c.c. ---- - - ,--=
Fails/Slips 74 77 55 74 75
---- ---- - - , - - - ----
Foreign body in eye ----- 19 ----- 5 15 12 13
_____on 25 28 26
Motor vehicles 20 10
Police aDDrehimsion -- --'--
51 27 0 0 0
Strain/Injury by ---- 125 159 125 122
190
Strikina allainstlstepping on 19 20 21 17 14
Struck/Injured by 63 142 58 85 59
651 563 512 511 480
Table WC-4
Tvpe ofIniurv
Graph WC-7 (Table WC-5) shown next gives claims counts by type of injury. Strain injuries are
consistently the most frequent type of injury sustained from year to year. Other specific types of
injuries show no definite pattern with regards to any increases or decreases in the number of such
injuries sustained,
Year-to-date Claims Count by Type of Injury
(Period Ended January 31)
700
600
500
1: 400
::I
<3 300
. 200
I 100
Lo
FY01 FY02
FY04
FY05
FY03
Graph WC-7
Ga Inflamation
. Strain
. Sprain
. Puncture
o Laceration
o Foreign body
. Contusion (bruise)
. Burn
. All other trauma
11
City of Corpus Christi
Injury Code Report Period Ended January 31
Tvpe of Iniurv
All other trauma
Burn
Contusion (bruise)
Foreign body
Inflamation
Laceration
Puncture
Sprain
Strain
FY01 FY02
225 84
6 10
64 134
23 8
1 39
41 41
17 15
56 55
218 177
651 563
Table WC-5
FY03
146
13
54
15
9
40
26
43
166
512
FY04
169
7
85
12
17
33
31
47
110
511
FY05 % Chanae
159 50,50%
7 0,00%
53 -37.65%
13 8.33%
6 ,64,71%
44 33.33%
32 3.23%
46 -2.13%
120 9,09%
480
Claims Activitv
The Claims Activity report is provided next in Table WC-6. This report records the actual
business that occurred each month of the current fiscal year. It gives the number of new claims
filed during that month, the number of claims closed, the amount of dollars paid out and the
amount of outstanding claims left at the end of each month.
Chan2es in Workers' Compensation
On December 1,2004, the Senate Select Interim Committee on Workers' Compensation issued
its report to Lieutenant Governor David Dewhurst. The report encompasses the Committee's
seven charges:
. Examine the status of the regional workers' compensation health care delivery networks
outlined in Article 2, House Bill 2600 (7ih Legislature, 2001);
. Study the potential impact of networks on the workers' compensation health care delivery
system;
. Study the impact of the Texas Workers' Compensation Commission's (TWCC) 2002
Medical Fee Guideline on access to quality care and medical costs;
. Survey the costs and benefits of other health system cost-containment strategies;
. Conduct a cost-benefit analysis comparing the Texas workers' compensation system to
systems operating in other states;
. Study the efficiency and etlectiveness of the state's workers' compensation system,
including a comparison of the costs associated with the Texas A&M University System,
the University of Texas System, the Texas Department of Transportation, and the State
Office of Risk Management; and
. Study and make recommendations relating to the pricing of workers' compensation
insurance premiums in Texas.
The Committee submitted its report to the Texas Legislature as well. Drastic recommendations
are included in the report intended to reform the current Texas Workers' Compensation
Commission. Because this report is so new, the actual impact on the City or any other entity is
currently unknown,
12
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GENERAL LIABILITIES
General Information
Graph GL-I and Table GL-I provide information on the types of claims filed under the City's
self-insured General Liability during the first six months of each of the current and past four
fiscal years, Keeping in mind that claim classification standards were changed in Fiscal Year
2001, one sees that claims involving damage to vehicles remains the single most common type of
claim filed against the City, These types of claims include not only vehicle accidents, but other
situations such as when a person or property is damaged by falling objects, by potholes or by
freshly laid tar, Property damage, the next most frequent type of liability claim, is usually
general property damage, and utility cable damage.
The number of claims filed against the City for the first half of Fiscal Year 2005 continues to
improve over previous years, However, looking at Graph GL-3, one sees that the actual incurred
costs this year are roughly the same as last year's claims for the same period.
600
Types of Claims - Period Ended January 31
100
500
Ul 400
E
.ftj
i3
'0300
~
"
~
E
::I
Z 200
o
2001
2002
2003
Fiscal Year
. Vehicle Damage
o Fire Department-related
. Personal Injury-related
2004
2005
~.policieS/PracticeS/Contract
o Police-related
. Property Damage-related
o Employment-related
. WaterlWaste damage-related
.AII Other
Graph GL-l
14
CITY OF CORPUS CHRISTI
--, GENERAL LIABILITY CLAIMS TYPES
-,. As of January 31 of Each Year
2001 2002 2003 2004 2005
Vehicle Damaoe 79 137 223 219 197
Property Damaoe-related 263 260 162 149 96
\fI{"terlWaste damage'related 56 38 50 34 1-- 29
..._-_._--~ 16 ,-~ 19
Police, related 46 4 22
Personallniurv-related --~--- ... ........= , - ---- ...-.--
-- 28 20 22 17 _,!i'
.~-..~..-- ., .,
All Other - 3 - 2 - 5 10 10
-------- .11 22
Policies/Practices/Contract ......... i- 7 8 8
Emplovment-related ---------- .--== 0
6 .....,. 2 f- 1 0
,.-" 2
Fire Department-related 6 1 1 1
Total 498 486 487 461 376
Table GL-l
Claims bv Department
Graph GL-2 charts the claims count for the first half of each fiscal year for the various
departments within the City. Table GL-2 provides the same information in tabular form. Claims
against the Police department, Streets and Storm Water are markedly improved over previous
years while other departments remain essentially the same with regards to claims filed against
them.
Liability Claims Count by Department
Period Ended January 31
600
500
..,
.!!
u: 400
In
E
'n;
(3 300
.....
0
~
~
E 200
::l
Z
100
0
FY2001 FY2002 FY2003 FY2004 FY2005
~ire .Gas _Park Mainten~.~ce .Police _Sanitation mStorm Water o Streets . Wastewater IiIWater _All Oth-;;l
Graph GL-2
15
GENERAL LIABILITY CLAIMS COUNT
~ , ~._-~- BY DEPARTMENT --------
-
Period Ended Januar 31 ,
Denartment FY2001 FY2002 FY2003 FY2004 FY2005
Police 101 93 80 98 75
Streets -, 103 ,~ll 71 81 43
All Other --------- 65 -_...~-~ 64 ,
76 62 60
Gas ..~ 30 34 48 39
Water ------ 47 ...., - --- 45 68 ---.---- 44 41
Wastewater ,..,~~ 50 62 31 ._......1.!
Sanitation , 52
28 49 39 41
Fire 11 30 17 22 ,-~
.. Storm Water ----_..-, 22 14 --.- 26 21
~ ~ 7
Park Maintenance '_.-, ---------. '~=
20 8 13 15 15
Total 498 486 487 461 376
Table GL-2
Graph GL-3, shown next, provides the incurred cost by department for claims filed during the
first six months of each year.
$500,000
$450,000
$400,000
$350,000
;; $300,000
0
0
.. $250,000
~
,
u
.E $200,000
$150,000 ..
$100,000
$50,000
$-
. Fire
. Water
o Storm Water
Incurred Costs by Department
Claims Filed, Period Ended January 31
FY2001 FY2002
FY2003
FY2004
FY2005
· Wastewater 1
. Park Maintenance__
. Police
.Gas
.AII Others
. Sanitation
D1Streets
Graph GL-3
16
--- GENERAL LIABILITY INCURRED COSTS ,-
-- ---_._.~. BY DEPARTMENT
---- , Period Ended Janua'" 31 --
Deoartment FY2001 FY2002 FY2003 FY2004 FY200S
Police $ 88,872 $ , $ 206,055 $ 95,342 $ 10,951
.. - -,
Streets --- ____~ 197_ - 18,801 4,261 10,126
All Other 20,459 117,152 63,280 52,077 98,019
Gas 4,220 2~,.o?.7 16,717 ,12,742 6,150
-Water -"-- --------- -----..--
19,136 , 26,042 9,768 18,082
Wastewater 35,621 14,014 52,238 13,292 24,591
'Sanitation 92,042 46,958 _._-_._~ 16,887 7,770
..
Fire ___,----.Z,69S 7,508 6"~ 1,783 6.596
Storm Water __m ----
6,101 18,366 22,360 6,801 305
, ..
Park Maintenance 40,833 8,061 1,669 1,471 20,015
Total $ 341,177 $ 188,158 $ 460,577 $ 214,424 $ 202,604
Table GL-3
Dollars paid out by department are included in Graph and Table GL-4.
General Liabilities Dollars Paid
Period Ended January 31
$50,000
$250,000
$200,000
$150,000
~
..
'0
o
$100,000
$-
FY2001
FY2002
FY2003
FY2004
FY2005
10 Fire. Gas 0 Park .Maintenance . Police. Sanitation. Storm Water. Streets EI Wastewater [J Water _All Other I
Graph GL-4
17
FISCAL YEAR LIABILITY CLAIMS PAID COSTS
BY DEPARTMENT
Period Ended Janua v 31
TIenartment -, FY2001 FY2002 FY2003 FY2004 FY2005
ili!e $ , $ 7,450 $ 6,413 $ 1,494 $ 1,296
J>as 90 12,906 15,489 137 5,400
Park Maintenance ----- - , - ----- 6,267 9,0~_ 669 "- 1,271 9,336
Police 39,538 u, 17,109 ~_._~ 133,724 34,331 5,063
Sanitation 88,642 13,846 15,656 12,069 6,917
Storm Water 1,088 2,771 15,619 4,137 305
Streets 2,916 17,716 5,341 3,761 9,364
Wastewater 9,413 30,246 6,839 9,644 23,797
Water , 4,766 8,407 17,376 271 16,200
All Other "' 16,878' -..- 14,422 7,115 8,303 37,220
Total $ 169,598 $ 133,936 $ 224,241 $ 75,418 $ 114,897
Table GL-4
Effect of Claims Maturation
Graph GL-5 charts the amount of money paid during Fiscal 2005 for claims filed in previous
years.
Dollars Paid in Current Year for Previous Years' Claims
(As of January 31, 2005)
$600,000
$500,000
$400,000
!!
.l! $300,000
'0
0
$200,000
$100,000
$-
--+ ,-
,
,
"-'-1"--
I
I
-----l-
!
----------;--------
---+"
I
___I
I
---------+
Thru FY01
FY02
FY03
FY04
III Fire
. Sanitation
III Wat",
. Gas
o Storm Water
.AII Other
- -...---.-.-.
. Park Maintenance . Police
o Streets . Wastewater
Graph GL-6
Citv Vehicle Accidents
Table GL-5 documents the number of accidents by city vehicles from month to month for Fiscal
Y car 2004 and 2005. "Preventable Accidents" are defined as those events in which the driver
fails to do everything reasonable to avoid or prevent the accident.
18
CITY VEHICLE ACCIDENTS
Fiscal Year 2004 Fiscal Year 2005
Number Number Number Number
of of Number of of of Number of
Month Accidents NCl's' Preventables Accidents NCl's' Preventables
August 39 0 19 36 6 13
September 28 3 9 32 5 11
October 35 0 21 25 8 10
November 22 2 5 29 2 12
December 23 5 9 26 2 10
January 16 1 8 29 1 11
February 28 3 15
March 29 2 16
April 26 4 13
May 23 2 6
June 26 2 14
July 22 3 10
317 27 145 177 24 67
~---_. .._---
'''NCI'' = Non-classifiable
Incident
Table GL-5
19
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15
CITY COUNCIL
AGENDA MEMORANDUM
March 29, 2005
AGENDA ITEM:
a. Public hearing to consider abandoning and vacating an 81, 172-square foot portion of an
undeveloped and unsurfaced 60' wide dedicated public right-of-way out of Lots 5 & 12, Sec.
5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of
the Junior Beck Drive right-of-way, south of Bear Lane).
b. Ordinance abandoning and vacating an 81, 172-square foot portion of an undeveloped and
unsurfaced 60' wide dedicated public right-of-way out of Lots 5 & 12, Sec, 5, Range VIII,
Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck
Drive right-of-way, south of Bear Lane); subject to owner's compliance with the specified
conditions: and declaring an emergency,
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 49 -12, requires notification of the public prior to the
abandoning and vacating of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis.
~~
B,A. Holly /!I. CP
Director of evelopment 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 OwnerlDeveloper, Mr. Armando Ortiz, is
requesting the abandonment and vacation of an 81, 172-square foot portion of an
undeveloped and unsurfaced 60' wide dedicated public right-of-way out of Lots 5 & 12,
Sec, 5, Range VIII, Gugenheim and Cohn's Farm Lots. The undeveloped ROW to be
abandoned and vacated is located in an "I -2" Light Industrial District.
The 60' wide undeveloped ROW is located in Lots 5 & 12, Sec. 5, Range VIII, Gugenheim
and Cohn's Farm (intersecting with the southern portion 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,
60-foot wide collector per the Corpus Christi Urban Transportation Plan, by dedicating a
new street ROW within the proposed subdivision, The Industrial Technology Park Unit 2.
The developer also agreed to dedicate the 60-foot ROW for the continuation of the
realigned collector in the future by dedicating the new street ROW within the remaining
portion of the preliminary plat.
All public and franchised utilities were contacted regarding this closure request and no
objections were received, AEP had no objections to the closure but will seek
reimbursement 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:
March 14, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 29, 2005
ORDINANCE CAPTION:
a. Public hearing to consider abandoning and vacating an 81.172-square foot portion of an undeveloped
and unsurfaced 60' wide dedicated public right'of,way out of Lots 5 & 12, Sec. 5, Range VIII,
Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck Drive
right-of-way, south of Bear Lane).
b. Ordinance abandoning and vacating an 8U72-square foot portion of an undeveloped and
unsurfaced 60' wide dedicated public right-of-way out of Lots 5 & 12, Sec, 5, Range VIII, Gugenheim
and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck Drive right-of-way,
south of Bear Lane); subject to owner's compliance with the specified conditions; and declaring an
emergency,
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume A. Page 53, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. 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.
2. 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 of construction, an up-to-date survey, abstracted for all easements
and items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
'fZ'~"11 -z:;-~~~
B. . Holly, AICP, Director of Development Services
~
DATE: 3 -/ ~ _~ Ii'
Approved:
Date:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING AN 81, 172-SQUARE FOOT PORTION
OF AN UNDEVELOPED AND UNSURFACED 60 FOOT WIDE
DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 5 AND 12, SEC.
5, RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS
(INTERSECTING WITH THE SOUTHERN PORTION OF THE JUNIOR
BECK DRIVE RIGHT-OF-WAY, SOUTH OF BEAR LANE); SUBJECT
TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS;
AND DECLARING AN EMERGENCY.
WHEREAS, there is a 81, 172-square foot portion of an undeveloped and unsurfaced 60
foot wide dedicated public right-of-way out of Lots 5 and 12, Sec. 5, Range VIII,
Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior
Beck Drive right-of-way, south of Bear Lane) as recorded in Volume A, Page 53, Map
Records Nueces County, Texas, that the owner, Armando Ortiz, (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 Christi 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 81, 172-square foot portion of an undeveloped and unsurfaced 60
foot wide dedicated public right-of-way out of Lots 5 and 12, Sec, 5, Range VIII,
Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior
Beck Drive right-of-way, south of Bear Lane, as recorded in Volume A, Page 53, 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:
1. 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.
2, Upon approval from Council and ordinance issued, all grants of street closures
must be recorded in the Official Public Records of Nueces County, Texas. Prior
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.
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
H :ILEG, D IR IJ oseph 10 RD,GugCohn2,av. doc
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 29th day of March, 2005,
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
Approved
all f,V"-. 2-~ , 2005
By:
JOSep1H~
Assistant City Atto ey
H:ILEG-DIRIJosephIORD-GugCohn2-av,doc
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: IlWe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIR \Joseph \0 RD-GugCohn2 'av .doc
BLOCK 2, INDUSTRIAL
TECHNOLOGY PARK,
V. 53. P. 70. M. R.
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LOT 6B LOT 6A
NO. 15' 0 ' E 60. 00'
60' WIDE ROAD ROW
CLOSURE, 1. 863 AC.
BASS AND WELSH ENGINEERING
CORPUS CHRISTI, TX
COMP, NO: EXB-STR-CLOSURE-1
JOB NO, 04055
SCALE: AS SHOWN
PLOT SCALE: 1" ~ 200'
PLOT DATE: 3/8/05
SHEET 1 OF 1
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LOT 1. BLK 3, INDUSTRIAL
TECHNOLOGY PARK UNIT L v.
46, p, lOS, 106 & 107, M, R,
PORTION LOT 5, SECTION 5, RANGE
VIII. GUGENHEIM AND COHN'S
FARM LOTS, V, 'A', p, 53, M, R,
S~9. 24~ 19' E_ ~5.!!, 89' _
N89.24' 19' W 1352.83'
SO. 18' 18' W 60, 00'
LOT 12, SECTION 5, RANGE VIII.
GUGENHEIM AND COHN'S FARM LOTS,
V. 'A', P. 53, H. R,~
o 100' 200' 400'
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SCALE: 1'= 200'
SKETCH TO ACCOMPANY MI:.I~ AND BOUNDS
DESCRIPTION FOR 60' ROAD ROW CLOSURE
CORPUS CHRISTI, TX
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16
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/29/05)
Case No.: 0205-01: Advanced Housin!! Alternatives Corporation: A change of
zoning from a "R,2"Multiple Dwelling District to an "A-2"Apartment House District.
The property is in Woodlawn Subdivision, Block 2, Lots 8A and 8B, located along the
southeast corner of Mueller Street and Erwin Avenue,
Plannin!! Commission and Stafrs Recommendation (02/23/05): Approval of the "A-2"
Apartment House District
Requested Council Action: Approval of"A-2" Apartment House District and adoption of
the attached ordinance,
Purpose of Request: Development of a 20-unit apartment house complex.
Summary:
. Applicant requesting a change of zoning from "R-2" Multiple-family Dwelling District to "A-2"
Apartment House District to allow for a 20-unit apartment complex on a 0,78 acre area.
. Four residential units are located on the subject property and are planned for relocation,
. The "R-2" District allows a density of 14.52 units per acre and the "A-2" District allows a density of
36.30 units.
. Proposed development plans identify the apartments as affordable housing units. Three 2-story
buildings are planned on the subject property, containing eighteen (18) 2-bedroom units and two
3-bedroom units. A laundry facility, community/educational room and office are planned on site.
. Fifty percent or more units will be leased to HUn Section 8 tenants. Leasing of the remaining units is
targeted towards senior citizens, citizens with disabilities, veterans and the market rent population.
. The requested "A-2" District is consistent with the future land use map that recommends low to
medium density residential.
Applicant's Position: The applicant concurs with Planning Commission and Staffs
recommendation.
Notification: Gfthe 30 notices mailed to the surrounding property owners, 0 were returned in
favor and I in opposition, The 20% rule is not invoked. This case is considered
noncontroversial.
Agenda Memorandum
Case No. 0205,01 (Advanced Housing Alternatives Corporation)
Page 2
/i/d1J J/ ~
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/gp
Attachments:
1) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H.IPLN-DIRISHAREDlCHRIST ALl WO RDIAGENDMEM\2005\FebruaryI0205-01 AGENDAMEMO .doc
ZONING REPORT
Case No.: 0205,01
Planning Commission Hearing Date: February 23, 2005
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Applicant: Advanced Housing Alternatives Corporation
Owner: Same as Applicant
Agent: Charles Tryon, President of Advance Housing Alternatives Corporation
Legal DescriptionILocation: Woodlawn Subdivision, Block 2, Lots 8A and 8B,
located along the southeast comer of Mueller Street and Erwin Avenue.
From: "R,2" Multiple,family Dwelling District
To: "A-2" Apartment House District
Area: 0.78 acre
Purpose of Request: Development of a 20,unit apartment house complex
Zoning
Site "R-2" Multiple-family
Dwelling District
North "R-IB" One-family Dwelling
District
South "R-2" Multiple-family
Dwelling District
East "R-2" Multiple-family
Dwelling District
West "R,IB"/SP One,family
Dwelling District with a
Special Permit
Existing Land Use
Medium-density
residential
Low-density residential
Low-density residential
use
Medium-density
residential
Medium-density
residential
Low-density residential
Future Land Use
Multiple-family use
Medium-density
residential
Medium-density
residential
Day Carel School
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Q. = Area Development Plan: Westside - The future land use map supports multiple-family
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. Map No.: 48045
S ~ Zoning Violations: None
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Zonmg Report
Case No. 0205,01 (Advanced Housing Alternatives Corporation)
Page 2
. Applicant requesting a change of zoning from "R-2" Multiple-family Dwelling District to
"A,2" Apartment House District to allow for a 20-unit apartment complex on a 0.78 acre
area.
. Four residential units are located on the subject property and are planned for relocation,
C . The "R,2" District allows a density of 14.52 units per acre and the "A-2" District allows a
Ol density of 36.30 units,
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a . Proposed development plans identify the apartments as affordable housing units. Three
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. Fifty percent or more units will be leased to HUD Section 8 tenants. Leasing of the
remaining units is targeted towards senior citizens, citizens with disabilities, veterans and
. the market rent population.
. The requested "A-2" District is consistent with the future land use map that recommends low
to medium density residential.
:i Street Type Paved Section Volume
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~ Mueller Street Local 50' R.O.W. w/ 28' Bk. to Bk. Not available
.... paved section
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H:\P LN-DIR\SHARED\CHRIST AL \ WORD\ZONRPTS\2005\0205-Q I Report,doc
Zonmg Report
Case No. 0205,01 (Advanced Housing Alternatives Corporation)
Page 3
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Approval of the "A-2" Apartment House District
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Approval of the "A-2" Apartment House District.
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Number of Notices Mailed
Favor 0
Opposition 0
(As of February 16,2005)
30
Attachments: Zoning Map
II :\PJ .N- DIR \SHA RED\CHRI$T AL \ WORD\ZON RPTS\2Q05\F ebruary\0205-0 I Report.doc
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RE R..ldenti"t Eshlle Dislrlct
RA 0.,.. Family Dwelling District
R.1A One Family Dwelling District
R.TH TownhouseOwelUngDislrlct
6.' N"'llhborhoocl 8uslne.s District
B.1A Neighborhood Buslneu District
6.2A Barrier Island Business District
1-2 L1l1htlnduslrlalDllltrlct
1-3 Heavy Induatrlal Oistricl
SP SpeclalPermlt
PUP Pl,mnedUnitOevelopmenl
1'1..2 Multiple Owellinll District
T.1A Travelrr.iler Park District
1.16 Manufaclured Home Park District
8-2 BayfronlBusinritSsOislricl
BO Corpus Christi Beach OuiO" District
He Hlsl<>rlcal-Culturall.ndmarkprnerv.tlon
1'1.-16 One Family Dwelling Distrkt
T.1C M,,"ufactured Home Subdivision Dlstr;cl
R.le One Family Dwelling District
CityolCorpusChrlltl,TX
A-1 ApartmentHouseOistrict
A-1A Apartment House Oiltrict
8-3 8usinuosOistrict
B-4 GerleralBulirle",Olltrlct
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NORTH
A-2 Apartmurlt House District
B-5 Primary BusinussOistrict
AT Apartmenl-TourlltDistrict
8-6 Primary BuslnessCol1l Distrlcl
1_1 Limited InduSlr;al District
AS Profussional Office D;strict
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200 Feet
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Planning Commission Minutes
February 23, 2005
ZONING
New Zoning
0205-01 - Advanced Housing Alternatives Corporation
Request: "R-2"Multiple Dwelling District to an "A-2"Apartment House District, resulting in a land use
change from medium,density residential to high,density residential on property located along the
southeast corner of Mueller Street and Erwin Avenue.
Excerpts from Zoning Report
Applicant requesting a change of zoning from "R-2" Multiple,family Dwelling District to "A-2"
Apartment House District to allow for a 20-unit apartment complex on a 0.78 acre area.
Four residential units are located on the subject property and are planned for relocation,
The "R-2" District allows a density of 14.52 units per acre and the "A-2" District allows a density of
36.30 units,
Proposed development plans identify the apartments as affordable housing units, Three 2-story
buildings are planned on the subject property, containing eighteen (18) 2-bedroom units and two
3-bedroom units, A laundry facility, community/educational room and office are planned on site.
Fifty percent or more units will be leased to HUD Section 8 tenants. Leasing of the remaining
units is targeted towards senior citizens, citizens with disabilities, veterans and
the market rent population.
The requested "A-2" District is consistent with the future land use map that recommends low to
medium density residential.
Department Comments: Property east of the subject property, along Mueller Street and Nandina
Street, was rezoned to "A-1" Apartment House District for an apartment house complex September 2004.
Staff recommendation: Approval of the "A,2" Apartment House District
'* '* '* * '*
Public hearing was opened.
Ms, Alvarado, 3745 Mueller, stated that the area is not a high crime area and she is concerned
about the security of her home if the proposed development is approved. She added that there is high
speed traffic in the neighborhood.
George Hodge, 6222 Lost Creek, Advanced Housing Alternatives Corporation Board Member,
addressed Ms, Alvarado's concerns by stating that the Corporation has a good relationship with Nueces
County and the Corpus Christi Police Department. He added that the Corporation would be willing to deal
with the neighborhood's concerns,
Chairman Berlanga asked if the Corporation has looked at the area to see if there is a fast traffic
in the area. Mr. Hodge stated that he is involved in Weed and Seed which has been in the neighborhood
to provide a better quality of life, The apartments would be safe and affordable for the citizens of Corpus
Christi.
Planning Commission Minutes
February 23, 2005
Page 2
Public hearing was closed.
Motion by Mims, seconded by Stone, to forward a recommendation for approval. Motion passed
unanimously with Pusley and Zamora being absent.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ADVANCED HOUSING ALTERNATIVES CORPORATION BY
CHANGING THE ZONING MAP IN REFERENCE TO THE WOODLAWN
SUBDIVISION, BLOCK 2, LOTS 8A AND 8B FROM "R-2" MULTIPLE
DWELLING DISTRICT TO "A-2" APARTMENT HOUSE 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 Advanced Housing Alternatives
Corporation for amendment to the City of Corpus Christi Zoning Ordinance and Zoning
Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 23, 2005, during a meeting of the Planning Commission, and on Tuesday,
March 29, 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 Woodlawn Subdivision, Block 2, Lots 8A and 8B
from "R-2" Multiple Dwelling District to "A-2" Apartment House Dwelling District; located
along the southeast corner of Mueller Street and Erwin Avenue. (Map 048045)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect,
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
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 29th day of March, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ..~~ ~+
Joseph Har~ /A,-... U
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr,
Mayor, The City of Corpus Christi
2005
H :\LEG-DIRIJosephlZoning-05\0205-01 Regular.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\Joseph\Zoning-05\0205-0 1 Regular.doc
17
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/29/05)
Case No.: 0205-02: Kiko's Restaurant: A change of zoning from an "R-IB/SP"
One, family Dwelling District-Special Permit and "AB" Professional Office District to
a "B,I" Neighborhood Business District, resulting in a land use change from office to
neighborhood business, located east on Everhart Road and north of Cain Drive and
south of Bonner Drive,
Planninl! Commission and Staffs Recommendation (2/23/05): Denial of the "B-1"
Neighborhood Business District, and in lieu thereof, approval of a new Special Permit on Lot 3 and a
Special Permit on Lot 18, subject to eight (8) conditions,
Relluested Council Action: Approval of Special Permit on Lots 3 and 18 subject to eight (8)
conditions and adoption of the attached ordinance,
Purpose of Relluest: Expansion to building and new parking lot.
Summarv:
. The applicant is requesting a change of zoning from "R-IB"/SP One-family Dwelling District and
"AB" Professional Office District to a "B,l" Neighborhood Business District for the development of
a banquet hall to the existing Kiko's Restaurant and a parking lot.
. The representative for the applicant has submitted a conceptual layout of the banquet hall and parking
lot proposed for the subject property, Design and square footage of the banquet hall, as well as the
parking lot is in the preliminary stage.
. In 1991 the "R,IB"/SP One-family Dwelling District lot was granted a Special Permit for a parking
lot to serve the existing Kiko's Restaurant. Development of the parking lot was subject to five (5)
conditions, The conditions authorized the use of the parking lot for the existing Kiko's Restaurant
only, required a 25 foot setback and single driveway along Bonner Drive, installation ofa 6 foot
screening fence along the residential boundaries, lighting shielded and directional from residential
area, and compliance to the landscape ordinance with additional landscaping.
. Kiko's Restaurant developed the requested parking lot and met the requirements of the Special
Permit. Over more than a decade conditions of the Special Permit have been maintained.
· The proposed banquet hall with some parking is proposed within the "R-IB"/SP One-family
Dwelling District area along Bonner Drive, while the "AB" Professional Office District lot, along
Cain Drive, is planned entirely as a parking lot.
. Across Bonner Drive from the "R,IB"/SP District subject property are three vacant "R-IB" District
lots, Along the rear of the "R-IB"/SP District subject property is a single,family residence in a
"R-IB" District.
Agenda Memorandum
Case No, 0205-02 (Kiko's Restaurant)
Page 2
· The "AB" District subject property is a vacant lot. Across Cain Drive from the "AB" District is a
single-family residence and a legal nonconforming mechanical shop, To the west are commercial lots
with frontage along Everhart Road and are zoned a "B-1" District. Along the east boundary of the
"AB" District subject property is a single-family residence within a "R-IB" District.
. A change of zoning to a "B,I" Neighborhood Business District does not ensure added protection to
the adjoining residential area. A new Special Permit in the "R,I B"/SP District and a Special Permit in
the "AB" District would allow for the requested uses while providing enhancement features.
. Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a new Special
Permit on Lot 3 and a Special Permit on Lot 18, subject to eight (8) conditions:
I. USE: The only use authorized by this Special Permit other than the basic "R-IB" One-family
Dwelling District uses in Gardendale Subdivision, Block 3, Lots 3 and 18, is an expansion to the
existing restaurant as a banquet hall and a parking lot to serve the existing restaurant and proposed
banquet hall,
2, SETBACK: A 25 foot minimum building setback and parking setback along the front lot lines of
the subject properties shall be maintained, except one driveway per lot may be permitted within the
setback area.
3, SCREENING: A six (6) foot tall solid screening fence shall be maintained along the east boundary
line of the subject property. The screening fence must be setback a minimum of25 feet from the
Bonner Drive right,of-way and Cain Drive right-of-way,
4. LIGHTING: All lighting on the property must be shielded and directional lighting and shall be
directed away from the single-family residential area.
5, TRASH RECEPTICLE: Placement of trash receptacle must not be closer than 50 feet from the east
property line of the subject property and shall not be within the front setback area, Screening of the
trash receptacle with a six (6) foot solid fence is required,
6. GREASE TRAPS: Placement of any new or relocated grease trap shall not be closer than 100 feet
from the east (rear) property line nor closer than 75 feet from the north and south (front) property lot
lines,
7, LANDSCAPING: In addition to complying with the Landscape Ordinance, a minimum offour (4)
5,inch minimum caliper mesqUIte trees must be located within the 25' front yard setback areas of
the subject property,
8. TIME LIMIT: The Special Permit shall be deemed to have expired within one (I) year from the date
of this ordinance unless the property is being used as outlined in Condition #1 and in compliance
with all other conditions.
· Applicant's Position: The applicant originally concurred with Planning Commission and
Staffs recommendation for a Special Permit within the existing zoning districts, However,
they are now requesting a "B-1" Neighborhood Business District in order to allow signage
for the banquet hall. The existing "R-IB"/SP does not allow for commercial signage, An
"AB" District allows for one (I) I-sided or 2,sided detached freestanding sign with an area
not to exceed twenty (20) square feet, per street frontage,
Agenda Memorandum
Case No. 0205,02 (Kiko's Restaurant)
Page 3
Wall signs in the "AB" District are not to exceed four (4) square feet in area and the total
sign area for the individual building does not exceed twenty (20) square feet.
The "8-1" District permits one (I) freestanding sign per premise, not to exceed forty (40)
square feet in area or twenty (20) feet in height. Wall signs are unlimited as to area and size,
but shall not project from the building more than eighteen (18) inches.
Notification: Of the 29 notices mailed to the surrounding property owners, 5 were returned in
favor and 0 in opposition. The 20% rule is not invoked. This case is now considered
controversial.
Ai/tk~
Michael N, Gunning, AICP
Assistant Director of Development Services
MGIFGM/gp
Attachments:
I) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:IP LN. D IR ISHAR EDlCHRIST AL I WORDIA GENDMEM\2005\F ebruaryI0205-02AGEND AMEMO.doc
ZONING REPORT
Case No.: 0205,02
Planning Commission Hearing Date: February 23,2005
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Applicant: Kiko' s Restaurant
Owner: Kiko Barrera
Agent: Joe Garcia
Legal Description/Location: Gardendale Subdivision, Block 3, Lots 3 and 18,
located east of Everhart Road and north of Cain Drive and south of Bonner Drive.
From: "R,IB"/SP One,family Dwelling District and "AB" Professional Office District
To: "B-1" Neighborhood Business District
Area: 1.8 acres
Purpose of Request: Banquet hall addition to existing restaurant and additional parking lot.
'" Zoning Existing Land Use Future Land Use
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'" Site "R-\B"/SP One-family Restaurant and parking lot Neighborhood Business
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"0 Dwelling District and "AB"
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Area Development Plan: Southside, The future land use map recommends low-density
residential. However, a modification to the plan is acceptable in that conditions could be
developed under a Special Permit that would limit infringement of the business use within the
neighborhood, A policy statement within the general plan supports the expansion of commercial
uses within residential areas if the expansion "improves the residential desirability ofthe
impacted neighborhood",
Map No.: 044036
Zoning Violations: None
Zomng Report
Case No,020S,02 (Kiko's Restaurant)
Page 2
. The applicant is requesting a change of zoning from "R-I B"/SP One-family Dwelling
District and "AB" Professional Office District to a "B-1" Neighborhood Business District for
the development of a banquet hall to the existing Kiko's Restaurant and a parking lot.
. The representative for the applicant has submitted a conceptual layout of the banquet hall and
parking lot proposed for the subject property. Design and square footage of the banquet hall,
as well as the parking lot is in the preliminary stage,
. In 1991 the "R,IB"/SP One-family Dwelling District lot was granted a Special Permit for a
parking lot to serve the existing Kiko' s Restaurant. Development of the parking lot was
subject to five (5) conditions. The conditions authorized the use of the parking lot for the
existing Kiko's Restaurant only, required a 25 foot setback and single driveway along
Bonner Drive, installation of a 6 foot screening fence along the residential boundaries,
lighting shielded and directional from residential area, and compliance to the landscape
ordinance with additional landscaping.
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· Kiko's Restaurant developed the requested parking lot and met the requirements of the
Special Permit. Over more than a decade conditions of the Special Permit have been
maintained.
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. The proposed banquet hall with some parking is proposed within the "R-IB"/SP One,family
Dwelling District area along Bonner Drive, while the "AB" Professional Office District lot,
along Cain Drive, is planned entirely as a parking lot.
. Across Bonner Dnve from the "R-IB"/SP District subject property are three vacant "R-IB"
District lots, Along the rear of the "R-IB"/SP District subject property is a single-family
residence in a "R-IB" District.
. The "AB" District subject property is a vacant lot. Across Cain Drive from the "AB" District
is a single-family residence and a legal nonconforming mechanical shop, To the west are
commercial lots with frontage along Everhart Road and are zoned a "B-1" District. Along the
east boundary of the "AB" District subject property is a single-family residence within a
"R-IB" District.
. A change of zoning to a "B,1" Neighborhood Business District does not ensure added
protection to the adjoining residential area, A new Special Permit in the "R-IB"/SP District
and a Special Permit in the "AB" District would allow for the requested uses while providing
enhancement features.
:i Street Type Paved Section Volume
0 (2004)
~ Bonner Drive Local 60' R.O.W. wi 28' Bk. to Bk. 4,855 a.d.t.
.... paved section
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Zonmg Report
Case No.020S.02 (Kiko's Restaurant)
Page 3
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The subject property is platted,
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Recommended Special Permit conditions for the subject property are identical to the 1991
conditions approved Planning Commission for Lot 3 with the exception of items 5 and 6,
pertaining to trash receptacles and grease traps.
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Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a new
Special Permit on Lot 3 and a Special Permit on Lot 18, subject to eight (8) conditions:
I. USE: The only use authorized by this Special Permit other than the basic "R-IB"
One-family Dwelling District uses in Gardendale Subdivision, Block 3, Lots 3 and 18, is an
expansion to the existing restaurant as a banquet hall and a parking lot to serve the existing
restaurant and proposed banquet hall.
2, SETBACK: A 25 foot minimum building setback and parking setback along the front lot
lines of the subject properties shall be maintained, except one driveway per lot may be
permitted within the setback area.
SCREENING: A six (6) foot tall solid screening fence shall be maintained along the east
boundary line of the subject property. The screening fence must be setback a minimum of
25 feet from the Bonner Drive right-of-way and Cain Drive right,of,way,
LIGHTING: All lighting on the property must be shielded and directional lighting and
shall be directed away from the single-family residential area.
TRASH RECEPTICLE: Placement of trash receptacle must not be closer than 50 feet from
the east property line of the subject property and shall not be within the front setback area.
Screening of the trash receptacle with a six (6) foot solid fence is required.
GREASE TRAPS: Placement of any new or relocated grease trap shall not be closer than
100 feet from the east (rear) property line nor closer than 75 feet from the north and south
(front) property lot lines,
7. LANDSCAPING: In addition to complying with the Landscape Ordinance, a minimum of
four (4) 5,inch minimum caliper mesquite trees must be located within the 25' front yard
setback areas of the subject property.
8. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from
the date of this ordinance unless the property is being used as outlined in Condition # I and
in compliance with all other conditions,
Zonmg Report
Case No.0205,02 (Kika's Restaurant)
Page 4
=
.~
= ....
gf.~ ~ Denial of the "B,J" Neighborhood Business District, and in lieu thereof, approval of a new
'2 .:!l ~ Special Permit on Lot 3 and a Special Permit on Lot 18, subject to eight (8) conditions.
= 8 8
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Number of NOl1ces Mailed
Favor 5
Opposition 0
(As of February 17, 2005)
29
Attachments: Zoning Map
Conceptual Layout of Banquet Hall and Parking Lot
H:\P LN-DIR\'iHARED\CHRIST AL\ WORD\ZONRPTS\2005\February\0205-02Report2.doc
B-1
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B-1A Neighborhood Busln'.. District
B-2A earrier Island Businfl5S District
1.2 Llllht Induslriaf Dillrlct
1.3 Hllavy Indu5trlal Dlltrlct
SP Special Permit
PUD Plann"dUnitOevelopmenl
He Historlcal-culturalLandmarkPrllurvatlon
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RA On. Family Dwelling Distrkt
R-1A On. Family Dwelling District
R.2 Multiple Dwelling District
T-1A lravlll Trail"r Park Distfic!
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BD Corpus Christl Beach Ollslgn District
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Planning Commission Minutes
February 23, 2005
ZONING
New Zoning
0205-02 - Kiko's Restaurant
Request: "R-1 B/SP" One-family Dwelling District with a Special Permit and "AB" Professional Office
District to a "B-1" Neighborhood Business District, resulting in a land use change from office to
neighborhood business on property located east of Everhart Road and north of Cain Drive and south of
Bonner Drive.
Excerpts from Zoning Report
The representative for the applicant has submitted a conceptual layout of the banquet hall and
parking lot proposed for the subject property. Design and square footage of the banquet hall, as well as
the parking lot is in the preliminary stage.
In 1991 the "R-1 B"/SP One-family Dwelling District lot was granted a Special Permit for a parking
lot to serve the existing Kiko's Restaurant. Development of the parking lot was subject to five (5)
conditions. The conditions authorized the use of the parking lot for the existing Kika's Restaurant only,
required a 25 foot setback and single driveway along Bonner Drive, installation of a 6 foot screening
fence along the residential boundaries, lighting shielded and directional from residential area, and
compliance to the landscape ordinance with additional landscaping.
Kiko's Restaurant developed the requested parking lot and met the requirements of the Special
Permit. Over more than a decade conditions of the Special Permit have been maintained.
The proposed banquet hall with some parking is proposed within the "R-1 B"/SP One-family
Dwelling District area along Bonner Drive, while the "AB" Professional Office District lot, along Cain Drive,
is planned entirely as a parking lot.
Across Bonner Drive from the "R-1 B"/SP District subject property are three vacant "R-1 B" District
lots. Along the rear of the "R-1 B"/SP District subject property is a single-family residence in a "R-1B"
District.
The "AB" District subject property is a vacant lot. Across Cain Drive from the "AB" District is a
single-family residence and a legal nonconforming mechanical shop. To the west are commercial lots with
frontage along Everhart Road and are zoned a "B-1" District. Along the east boundary of the "AB" District
subject property is a single-family residence within a "R-1 B" District.
A change of zoning to a "B-1" Neighborhood Business District does not ensure added protection
to the adjoining residential area. A new Special Permit in the "R-1 B"/SP District and a Special Permit in
the "AB" District would allow for the requested uses while providing enhancement features.
Department Comments: Recommended Special Permit conditions for the subject property are
identical to the 1991 conditions approved Planning Commission for Lot 3 with the exception of items
5 and 6, pertaining to trash receptacles and grease traps.
Staff Recommendation: Denial of the "B-1" Neighborhood Business District, and in lieu thereof,
approval of a new Special Permit on Lot 3 and a Special Permit on Lot 18, subject to eight (8)
conditions:
1. USE: The only use authorized by this Special Permit other than the basic "R-1 B" One-family
Dwelling District uses in Gardendale Subdivision, Block 3, Lots 3 and 18, is an expansion to the
existing restaurant as a banquet hall and a parking lot to serve the existing restaurant and proposed
banquet hall.
Planning Commission Minutes
February 23, 2005
Page 2
2. SETBACK: A 25 foot minimum building setback and parking setback along the front lot lines of the
subject properties shall be maintained, except one driveway per lot may be permitted within the
setback area.
3. SCREENING: A six (6) foot tall solid screening fence shall be maintained along the east boundary
line of the subject property. The screening fence must be setback a minimum of 25 feet from the
Bonner Drive right-of-way and Cain Drive right-of-way.
4. LIGHTING: All lighting on the property must be shielded and directional lighting and shall be
directed away from the single-family residential area.
5. TRASH RECEPTICLE: Placement of trash receptacle must not be closer than 50 feet from the east
property line of the subject property and shall not be within the front setback area. Screening of the
trash receptacle with a six (6) foot solid fence is required.
6. GREASE TRAPS: Placement of any new or relocated grease trap shall not be closer than 100 feet
from the east (rear) property line nor closer than 75 feet from the north and south (front) property lot
lines.
7. LANDSCAPING: In addition to complying with the Landscape Ordinance, a minimum of four (4)
5-inch minimum caliper mesquite trees must be located within the 25' front yard setback areas of
the subject property.
8. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date
of this ordinance unless the property is being used as outlined in Condition #1 and in compliance
with all other conditions.
******
Public hearing was opened.
Joe Garcia, 4626 Weber, represented the applicant. Mr. Garcia stated that the applicant agreed
with the Special Permit conditions, but preferred a "B-1" Neighborhood Business District zoning.
In response to the Commission, Staff stated that "B-1" District uses are more intense. Adjacency
to the residential area was also a deciding factor.
Public hearing was closed.
Motion by Smith, seconded by Braselton, to forward a recommendation for approval. Motion
passed unanimously with Pusley and Zamora being absent.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY KIKO'S RESTAURANT BY CHANGING THE ZONING MAP IN
REFERENCE TO THE GARDEN DALE SUBDIVISION, BLOCK 3, LOTS
3 AND 18 (CURRENTLY ZONED "R-1B"/SP ONE-FAMILY DWELLING
DISTRICT WITH A SPECIAL PERMIT AND "AB" PROFESSIONAL
OFFICE DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A
BANQUET HALL AND PARKING LOT SUBJECT TO EIGHT (8)
CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMER~ENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Kiko's Restaurant for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 23, 2005, during a meeting of the Planning Commission, and on Tuesday,
March 29, 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 granting a special permit for a banquet hall and parking lot in Gardendale
Subdivision, Block 3, Lots 3 and 18, (currently zoned "R-1B"/SP One-family Dwelling
District with a Special Permit and "AB" Professional Office District), located east of
Everhart Road, north of Cain Drive and south of Bonner Drive. (Map 044036)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following eight (8) conditions:
1. USE: The only use authorized by this Special Permit other than the basic
"R-1 B" One-family Dwelling District and "AB" Professional Office District uses
in Gardendale Subdivision, Block 3, Lots 3 and 18, is an expansion to the
existing restaurant as a banquet hall and a parking lot to serve the existing
restaurant and proposed banquet hall.
Page 2 of 4
2. SETBACK: A 25 foot minimum building setback and parking setback along
the front lot lines of the subject properties shall be maintained, except one
driveway per lot may be permitted within the setback area.
3. SCREENING: A six (6) foot tall solid screening fence shall be maintained
along the east boundary line of the subject property. The screening fence must
be setback a minimum of 25 feet from the Bonner Drive right-of-way and Cain
Drive right-of-way.
4. LIGHTING: All lighting on the property must be shielded and directional
lighting and shall be directed away from the single-family residential area.
5. TRASH RECEPTICLE: Placement of trash receptacle must not be closer
than 50 feet from the east property line of the subject property and shall not be
within the front setback area. Screening of the trash receptacle with a six (6)
foot solid fence is required.
6. GREASE TRAPS: Placement of any new or relocated grease trap shall not
be closer than 100 feet from the east (rear) property line nor closer than 75
feet from the north and south (front) property lot lines.
7. LANDSCAPING: In addition to complying with the Landscape Ordinance, a
minimum of four (4) 5-inch minimum caliper mesquite trees must be located
within the 25' front yard setback areas of the subject property.
8. TIME LIMIT: The Special Permit shall be deemed to have expired within one
(1) year from the date of this ordinance unless the property is being used as
outlined in Condition #1 and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:\LEG-DIR\Joseph\Zoning-05\0205-02Special.doc
Page 3 of 4
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 29th day of March, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~~ ~{
Joseph H~ I ~
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
2005
H.\LEG-DIR'JosephlZoning-05\0205-02Special. doc
Page 4 of 4
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. IIwe, 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-DIRIJosephlZoning-05\0205-02Special.doc
18
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/29/05)
Case No. 0205-03-Steven Krol: : A change of zoning from an "R-I B" One-family Dwelling
District to a "B-1" Ncighborhood Business District, resulting in a land usc change from low-
density residential to a neighborhood business in Alameda Park Subdivision, Block 6, Lot 22,
located along thc northeast comer of Everhart Road and Harry Street
Plannin!! Commission and StaWs Recommendation (2/23/05): Denial of the "B-1" Neighborhood
Busincss District and in lieu thereof, approval of an "AB" Professional Office District.
Requested Council Action: Approval of an "AB" Professional Office District and adoption of the
attached ordinance.
Purpose of Request: Development to a physical therapy office.
Summary:
. The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District for the
development of a physical therapy office within the existing structure.
. The subject property has direct access to a major arterial, Everhart Road, with secondary access to
Harry Street, a local street Traffic generated by the physical therapy use could traverse the residential
area to the east.
. A physical therapy usc, classified as a medical office use would generate 41 average daily vehicles.
Everhart Road would accommodate the additional traffic projected by the proposed use.
. A medical office use is permitted within the "AB" Professional Office District, as well as a "B-1"
Neighborhood Business District. Traffic generation would typically be less in the "AB" District than
the "B-1" District. A change of wning to an "AB" District would ensure less traffic traversing the
adjoining residential area than a "B-1" District.
. A water/wastewater demand of the proposed office use is projected at 340 gallons per day with a
solid waste demand of 13 lbs. daily.
. Properties along Everhart Road are slowly transitioning to office and neighborhood commercial uses.
Further north and to thc south of the subject property arc professional office uses wned an "AB"
Professional Office District.
. Over the past decade, properties along Everhart Road have been transitioning to nomesidential uses.
. An "AB" District allows for one (I) I-sided or 2-sided detached freestanding sign with an area not to
exceed twenty (20) square feet, per street frontage. Wall signs in the "AB" District are not to exceed
four (4) square feet in area and the total sign area for the individual building does not exceed twenty
(20) squarc feet. The "B-1" District permits one (I) freestanding sign per premise, not to exceed forty
(40) square feet in area or twenty (20) feet in height. Wall signs are unlimited as to area and size, but
shall uot project from the building more than eighteen (18) inches.
Agenda Memorandwn
Case No. 0205-03 (Steven Krol)
Page 2
· The requested "B-1" District is inconsistent with the future land use map that recommends "AB"
Professional Office District. An "AB" District is supported for the subject property that allows for the
physical therapy use.
Applicant's Position: The applicant concurs with Planning Commission and Staffs
recommendation.
Notification: Of the 23 notices mailed to the surrounding property owners, 0 were returned in favor and 0
in opposition. The 20% rnle is not invoked. This case is considered noncontroversial.
/vtdJ 4~
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/gp
Attachments:
I) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H :\PLN-DIR\SHARED\CHRIST AL\ WORD\AGENDMEM\2005\February\0205-03AGENDAMEMO.doc
ZONING REPORT
Case No.: 0205-03
Planning Commission Hearing Date: February 23, 2005
otJ C Applicant: Steven Krol
.... 0 Same as applicant
.. Owner:
C - ....
os os l:l. Agent: N/A
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-a~ ~ DescriptionILocation: Alameda Park Subdivision, Block 6, Lot 22, located along the
c. ..
< ~ northeast corner of Everhart Road and Harry Street.
c.c.... From: "R-lB" One-family Dwelling District
C rJ To: "B-1" Neighborhood Business District
'a =
CI' Area: 0.17 acre
o ..
Ni=: Pnrpose of Request: Physical Therapy Office
~ Zoning Existing Land Use Fnture Land Use
C "R-lB" One-family Dwelling Professional Office
os Site Low-density residential
...l District
~
C North "R-IB" One-family Dwelling Low-density residential Professional Office
os
c.c", District
C .. South "AB" Professional Office Office Professional Office
.. '"
~j;;l District
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c.c East "R-IB" One-family Dwelling Low-density residential Low-density residential
C District
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';:! West "R-lB" One-family Dwelling Low-density residential Low-density residential
~ District
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l:l.C Area Development Plan: Southeast - The Southeast Area Development Plan's adopted future
os 0 land use map recommends the subject property to develop with professional office.
~~
~] Map No.: 4338
~> Zoning Violations: None
<
Zonmg Report
Case No. 0205-03 (Steven Krol)
Page 2
. The applicant is requesting a change of zoning to a "B-1" Neighborhood Business District for
the development of a physical therapy office within the existing structure.
. The subject property has direct access to a major arterial, Everhart Road, with secondary
access to Harry Street, a local street. Traffic generated by the physical therapy use could
traverse the residential area to the east.
. A physical therapy use, classified as a medical office use would generate 41 average daily
vehicles. Everhart Road would accommodate the additional traffic projected by the proposed
use.
. A medical office use is permitted within the "AB" Professional Office District, as well as a
"B-1" Neighborhood Business District. Traffic generation would typically be less in the
"AB" District than the "B-1" District. A change of zoning to an "AB" District would ensure
less traffic traversing the adjoining residential area than a "B-1" District.
"
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. A water/wastewater demand of the proposed office use is projected at 340 gallons per day
with a solid waste demand of 13 lbs. daily.
. Properties along Everhart Road are slowly transitioning to office and neighborhood
commercial uses. Further north and to the south of the subject property are professional
office uses zoned an "AB" Professional Office District.
. Over the past decade, properties along Everhart Road have been transitioning to
nonresidential uses.
· An "AB" District allows for one (I) I-sided or 2-sided detached freestanding sign with an
area not to exceed twenty (20) square feet, per street frontage. Wall signs in the "AB"
District are not to exceed four (4) square feet in area and the total sign area for the individual
building does not exceed twenty (20) square feet. The "B-1" District permits one (I)
freestanding sign per premise, not to exceed forty (40) square feet in area or twenty (20) feet
in height. Wall signs are unlimited as to area and size, but shall not project from the building
more than eighteen (18) inches.
. The requested "B-1" District is inconsistent with the future land use map that recommends
"AB" Professional OfTice District. An "AB" District is supported for the subject property that
allows for the physical therapy use.
:i Street Type Paved Section Volume
0 (2001)
=:: Everhart Road Arterial 80'R.O.W.w/48' Bk to Bk 17,670 a.d.t.
.... I paved section
...
... Harry Street Local 50' R.O.W. w/28' Bk to Bk N/A
..
.... I paved section
en
H :\PLN-DIR \SHARED\CHRIST AI. \ WORD\ZONRPTS\2005\0205-03Reportdoc
Zoning Report
Case No. 0205-03 (Steven Krol)
Page 3
.,
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The subject property is a platted lot.
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The objectives of the comprehensive plan to transition the east side of the Everhart Road corridor
to non-residential uses is being accomplished through the change of zoning to an "AB"
Professional Office District.
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Denial of the "B-1" Neighborhood Business District and in lieu thereof, approval of an "AB"
Professional Office District
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Dental of the "B-1" Neighborhood Business District and in lieu thereof, approval of an "AB"
Professional Office District.
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uelI:
Number of Notices Mailed
Favor 0
Opposition 0
(As of February t6, 2005)
23
Attachment: Zoning Map
H :\PLN-DIR\SHARED\CHRIST A L \ WORD\ZONRPTS\2005\February\0205-03Report.doc
R-18
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SP Special Permit
pue Planned Unil Developmenl
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RA One Family Dwelling Dlslrict
FI-1A One Family Dwelling District
R.2 MultiplflOwellingOisltict
T-1A Travel Trailer Park District
T-18 Manulaclured Home Park Dls\rict
B-2 Bayf.ont Businus District
BO Corpus Ch,isti Beach Duign Oislr!ct
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B-4 General Business District
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8.5 P'imary8usiness Dislric!
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Planning Commission Minutes
February 23, 2005
ZONING
New Zoning
0205-03 - Steven Krol
Request: "R-1 B" One-family Dwelling District to a "B-1 "Neighborhood Business District, resulting in a land
use change from low-density residential to neighborhood business on property located along the
northeast corner of Everhart Road and Harry Street.
Staff Summary: The applicant is requesting a change of zoning to a "B-1" Neighborhood
Business District for the development of a physical therapy office within the existing structure.
The subject property has direct access to a major arterial, Everhart Road, with secondary access
to Harry Street, a local street. Traffic generated by the physical therapy use could traverse the residential
area to the east.
A physical therapy use, classified as a medical office use would generate 41 average daily
vehicles. Everhart Road would accommodate the additional traffic projected by the proposed use.
A medical office use is permitted within the "AB" Professional Office District, as well as a
"B-1" Neighborhood Business District. Traffic generation would typically be less in the "AB" District than
the "B-1" District. A change of zoning to an "AB" District would ensure less traffic traversing the adjoining
residential area than a "B-1" District.
A water/wastewater demand of the proposed office use is projected at 340 gallons per day with a
solid waste demand of 13 Ibs. daily.
Properties along Everhart Road are slowly transitioning to office and neighborhood commercial
uses. Further north and to the south of the subject property are professional office uses zoned an "AB"
Professional Office District.
Over the past decade, properties along Everhart Road have been transitioning to nonresidential
uses.
An "AB" District allows for one (1) 1-sided or 2-sided detached freestanding sign with an area not
to exceed twenty (20) square feet, per street frontage. Wall signs in the "AB" District are not to exceed
four (4) square feet in area and the total sign area for the individual building does not exceed twenty (20)
square feet. The "B-1" District permits one (1) freestanding sign per premise, not to exceed forty (40)
square feet in area or twenty (20) feet in height. Wall signs are unlimited as to area and size, but shall not
project from the building more than eighteen (18) inches.
The requested "B-1" District is inconsistent with the future land use map that recommends "AB"
Professional Office District. An "AB" District is supported for the subject property that allows for the
physical therapy use.
Staffs Recommendation: Denial of the "B-1" Neighborhood Business District and in lieu thereof,
approval of an "AB" Professional Office District.
* * 1< 1< *
Planning Commission Meeting
February 23, 2005
Page 2
Public hearing was opened.
Steven Krol, 410 Krol Street, appeared before the Commission and stated that he would like to
move from his present location in the Town and Country shopping center to the subject property which is
approximately 1.5 blocks away. He informed the Commission that his business did not product high
traffic, only 10 - 12 vehicles per day. Mr. Krol supported the "AB" District zoning.
Pubic hearing was ciosed.
Motion by Salazar, seconded by Mims, to forward a recommendation for approval. Motion
passed unanimously with Pusley and Zamora being absent.
*Mims left the meeting.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY STEVEN KROL BY CHANGING THE ZONING MAP IN REFERENCE
TO THE ALAMEDA PARK SUBDIVISION, BLOCK 6, LOT 22 FROM
"R-1 B" ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL
OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application by Steven Krol for amendment to the City
of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 23, 2005, during a meeting of the Planning Commission, and on Tuesday,
March 29, 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, Lot 22 from
"R-1 B" One-family Dwelling District to "AB" Professional Office District; located along
the northeast corner of Everhart Road and Harry 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 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
Page 2 of 3
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 29th day of March, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED Nt """"- v I 2005
4=1--- I h '
Joseph Harney li'
Assistant City Attorney
For City Attorney
H:\LEG-OIRIJosephlZoning-OS\020S-03Alternate .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. Ilwe, 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-D1RIJosephlZoning-05\0205-03Alternate. doc
19
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/29/05)
Case No. 020S-04-BL Real Estate Holdinl! Company:: A change of zoning from a
"R-IC" One-family Dwelling District to a "B-2" Bayfront Business District on Tract I and
"R-lC" One-family Dwelling District to an "AT" Apartment Tourist District on Tract 2
resulting in a land use change from low-density residential to resort business-Tract I and a low-
density residential to apartment tourist-Tract 2 in Tyler Subdivision, Block I, Lots 2 and 12,
and Block 2, Tract C, located east of Laguna Shores Drive, north of Wyndale Drive and
Claudia Street.
Planninl! Commission and StaWs Recommendation (2/23/05): TRACT 1: Denial of the
"B-2" Bayfront Business District on Tract I and, in lieu thereof, approval of a Special Permit for an
events center subject to eight (8) conditions and site plan. TRACT 2: Approval of the "AT"
Apartment-Tourist District on Tract 2.
Requested Council Action: Tract I-Approval ofa Special Permit subject to a site plan with eight
(8) conditions and Tract 2 - Approval of an "AT" Apartment Tourist District with the adoption ofthe
attached ordinance.
Purpose of Request: Development of an Events Center (Tract I) and a 26-unit motel (Tract 2).
Summary:
. The applicant is requesting a change of zoning to "B-2" Bayfront Business District on Tract 1 for the
development of an event center as an accessory use to the recently redeveloped commercial marina
and restaurant uses across Wyndale Drive and to "AT" Apartment Tourist District on Tract 2 for the
development of a 26 unit motel.
. Tract I has direct access to a collector street, Wyndale Drive, with secondary access to Claudia
Drive, a local street. Traffic generated by the event center would primarily use Wyndale Drive via
Laguna Shores Drive, the primary collector street serving this area. Tract 2 has direct access to a
local street, Claudia Drive, and is located at the intersection with Laguna Shores Drive.
. The event center use (Tract I) classified as a restaurant/tavern would generate approximately 117
average daily vehicles. The 26 unit motel (Tract 2) would generate approximately 230 average daily
vehicles. Laguna Shores Road would accommodate the additional traffic projected by the proposed
uses.
· A water/wastewater demand of the proposed restaurant/drinking place use (Tract 1) is projected at
800 gallons per day with a solid waste demand of 340 lbs. daily. A water/wastewater demand of the
proposed motel use (Tract 2) is projected at 644 gallons per day with a solid waste demand of 232
Ibs. daily.
Agenda Memorandum
Case No. 0205-04 (BL Real Estate Holding Company, LP
Page 2
. Tract 1 - The "B-2" District allows for signs not exceeding sixty (60) square feet in area and used
only to advertise the principal business or activity conducted on the premises. For each one (I) foot
oflot frontage in excess of one hundred (100) feet, one (I) additional square foot of sign area shall be
permitted, provided the total sign area shall not exceed two hundred and sixty (260) square feet. The
permitted square feet in sign area may be divided among several smaller signs, provided only one
sign, not attached flat against a wall of the building shall be permitted for each lot or other area
greater than one lot under one ownership. No sign which is other than flat against the wall shall in
any event exceed one hundred fifty (150) square feet in area. In no case shall any sign project above
the height of the building, and if attached flat against a wall of the building such sign shall not project
more than eighteen (18) inches from the wall of the building or structure. No signs shall be permitted,
regardless of size, which revolve, whirl, move, flash, or make noise. No agency of the City of Corpus
Christi may grant a variance, exception, or take any action which would permit a sign to be erected in
excess of the size provided herein or different from the provisions contained herein.
. Tract 2 - The "AT" District allows accessory buildings and uses including signage not exceeding
sixty (60) square feet in area and used only to advertise the principal business or activity
conducted on the premises. For each one (I) foot oflot frontage in excess of one hundred
(100) feet, (1) additional square foot of sign area shall be permitted provided the total sign
area shall not exceed two hundred sixty (260) square feet. The permitted square footage of
sign area may be divided among several signs, provided only one (I) sign not attached flat
against a wall ofthe building shall be permitted for each lot or premise and provided that
only one (I) wall sign shall be permitted per street frontage, The one (1) freestanding sign
shall not, in any event, exceed sixty (60) square feet in area or twenty (20) feet in height. In
no case shall any wall sign project above the height of the building, and when attached flat
against a wall of the building such sign shall not project more than eighteen (18) inches from
the wall of the building or structure. No signs shall be permitted, regardless of size, which revolve,
whirl, move, flash, or make noise. No portable signs shall be permitted.
. The requested "B-2" Bayfront Business District on Tract 1 is inconsistent with the future land
use map which recommends neighborhood business on the eastern 2/3 (Lot 2) of Tract I and
low density residential use on the western 1/3 (Lot 12). Staff recommends denial of the "B-2"
District for the subject property, and in lieu thereof, a Special Permit to allow for the event
center use with several conditions to protect and buffer the adjoining residential uses. The
requested "AT" Apartment Tourist District on Tract 2 is consistent with the future land use
map that recommends neighborhood business use at this location. Staff recommends approval
of the "AT" District to allow for the motel use. Staff believes that these uses are
complementary and accessory to the primary commercial marina located adjacent to Tracts I
and 2. The applicant has shown a willingness to work with staff and the neighborhood to
mitigate any adverse impacts which may be generated by these accessory uses.
. A change of zoning to a "B-2" Bayfront Business District on Tract I does not ensure added
protection to the adjoining residential areas. However, a new Special Permit in the "R-IC"/SP
District would allow for the requested uses while providing protection for the adjacent residential
uses. A change of zoning to a "AT" Apartment-Tourist District on Tract 2 is consistent with the
future land use map and is recommended.
Applicant's Position: The applicant concurs with Planning Commission and Staffs
recommendation.
Agenda Memorandum
Case No. 0205-04 (BL Real Estate Holding Company, LP
Page 3
Notification: Of the 43 notices mailed to the surrounding property owners, 2 were returned in
favor and I in opposition. The 20% rule is not invoked. Based on opposition and resident
questions at the Plauning Commissiou hearing, this case could be considered controversial.
M~0~:;I~
Assistant Director of Development Services
MGIFGM/gp
Attachments:
I) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:\PLN-DIR\SHARED\CHRIST AL \ WORD\AGENDM EM\2005\February\0205-04AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0205-04
City Council Hearing Date: March 29, 2005
~ = Applicant: BL Real Estate Holding Company, LP
Q
... .~ Owner: Same as applicant
= -...
" " i:l.o
fj bl)._ Agent: Spence Collins
.,. Q,) ..
Q.~ ~ DescriptionILocation: Tract 1 - Lots 2 & 12, Block I Tyler Subdivision.
i:l.o ..
< Q Tract 2 - Tract C, Block 2 Tyler Subdivision
From: "R-IC" One-family Dwelling District
... To: "B-2" Bayfront Business District on Tract 1
'"
..
= From: "R-IC" One-family Dwelling District
0-
.. To: "AT" Apartment-Tourist District on Tract 2
~
OJ)
= Area: Tract 1 - 17,250 square feet
.;
Q Tract 2 - 14,028 square feet
N
Purpose of Request: Tract 1 - Event Center
Tract 2 - Motel
Tract 1
'" Zoning Existiug Land Use Future Land Use
.. Site- "R-IC" One-family Low-density residential Neighborhood Business
'"
;;.J Tract 1 Dwelling District and vacant and Low-density
""
= residential
eo North "R-IC" One-family Low-density residential Low-density residential
oJ
"" Dwelling District and vacant
=
eo South "B-1" Neighborhood Low-density residential Neighborhood Business
OJ) Business District and and vacant and low-density residential
=
.~
= "R-IC" One-family
Q
N Dwelling District
OJ) East "B-2" Bayfront Business Commercial (Marina) Commercial
=
.~
... District
'"
.~
.. West "R-IC" One-family Low-density residential Low-density residential
""
Dwelling District
Zonmg Report
Case No. 0205.04 (BL Real Estate Holding Co.,. Bluff's Landing Marina
Page 2
Tract 2
"0 Zoning Existing Land Use Future Land Use
C
" Site- "R-I C" One-family Vacant Neighborhood Business
...l Tract 2 Dwelling District
"0
C North "R-IC" One-family Low-density residential Low-density residential
"
CJ)", Dwelling District
C .. South "R-IB" One Family Low-density residential Low-density residential
,- '"
c;;>
'" Dwelling District and vacant
N
CJ) East "B-1" Neighborhood Vacant Neighborhood Commercial
.5 Business District
....
'" West "R-IC" One-family Low-density residential Low-density residential
'"
\.;J;.l Dwelling District
o'J Area Development Plan: Flour Bluff - The Flour Bluff Area Development Plan's adopted future
'" land use map recommends the following:
Q.,C
" '" Tract 1: Lot 2 portion (eastern 2/3) of Tract 1 to Neighborhood Business and the Lot 12
:; .~ portion (western 1/3) of Tract I to remain as low-density residential.
~] Tract 2: To Neighborhood Business.
Q;> Map No.: 036,026
< Zoninll Violations: None
. The applicant is requesting a change of zoning to "B-2" Bayfront Business District on Tract
1 for the development of an event center as an accessory use to the recently redeveloped
commercial marina and restaurant uses across Wyndale Drive and to "AT" Apartment
Tourist District on Tract 2 for the development of a 26 unit motel.
. Tract 1 has direct access to a collector street, Wyndale Drive, with secondary access to
Claudia Drive, a local street. Traffic generated by the event center would primarily use
Wyndale Drive via Laguna Shores Drive, the primary collector street serving this area.
Tract 2 has direct access to a local street, Claudia Drive, and is located at the intersection
with Laguna Shores Drive.
. The event center use (Tract 1) classified as a restaurant/drinking place use would generate
approximately 117 average daily vehicles. The 26 unit motel (Tract 2) would generate
approximately 230 average daily vehicles. Laguna Shores Road would accommodate the
additional traffic projected by the proposed uses.
. A water/wastewater demand of the proposed restaurant/drinking place use (Tract I) is
projected at 800 gallons per day with a solid waste demand of 340 lbs. daily. A
water/wastewater demand of the proposed motel use (Tract 2) is projected at 644 gallons per
day with a solid waste demand of 232 lbs. daily.
Zonmg Report
Case No. 0205-04 (ilL Real Estate Holding Co., - BlufTs Landing Marina
Page 3
. Tract 1 - The "B-2" District allows for signs not exceeding sixty (60) square feet in area and
used only to advertise the principal business or activity conducted on the premises. For each
one (1) foot of lot frontage in excess of one hundred (IOO) feet, one (1) additional square foot
of sign area shall be permitted, provided the total sign area shall not exceed two hundred and
sixty (260) square feet. The permitted square feet in sign area may be divided among several
smaller signs, provided only one sign, not attached flat against a wall of the building shall be
permitted for each lot or other area greater than one lot under one ownership. No sign which
is other than flat against the wall shall in any event exceed one hundred fifty (I50) square
feet in area. In no case shall any sign project above the height of the building, and if attached
flat against a wall of the building such sign shall not project more than eighteen (18) inches
from the wall of the building or structure. No signs shall be permitted, regardless of size,
which revolve, whirl, move, flash, or make noise. No agency of the City of Corpus Christi
may grant a variance, exception, or take any action which would permit a sign to be erected
in excess of the size provided herein or different from the provisions contained herein.
. Tract 2 - The "AT" District allows accessory buildings and uses including signage not
exceeding sixty (60) square feet in area and used only to advertise the principal business or
activity conducted on the premises. For each one (1) foot of lot frontage in excess of one
hundred (100) feet, (1) additional square foot of sign area shall be permitted provided the
total sign area shall not exceed two hundred sixty (260) square feet. The permitted square
i:' footage of sign area may be divided among several signs, provided only one (1) sign not
6 attached flat against a wall of the building shall be permitted for each lot or premise and
Ei provided that only one (1) wall sign shall be permitted per street frontage. The one (1)
Jl freestanding sign shall not, in any event, exceed sixty (60) square feet in area or twenty (20)
'" feet in height. In no case shall any wall sign project above the height of the building, and
~ when attached flat against a wall of the building such sign shall not project more than
en eighteen (18) inches from the wall of the building or structure. No signs shall be permitted,
regardless of size, which revolve, whirl, move, flash, or make noise. No portable signs shall
be permitted.
. The requested "B-2" Bayfront Business District on Tract 1 is inconsistent with the future
land use map which recommends neighborhood business on the eastern 2/3 (Lot 2) of Tract 1
and low density residential use on the western 1/3 (Lot 12). Staff recommends denial of the
"B-2" District for the subject properly, and in lieu thereof, a Special Permit to allow for the
event center use with several conditions to protect and buffer the adjoining residential uses.
The requested "AT" Apartment Tourist District on Tract 2 is consistent with the future land
use map that recommends neighborhood business use at this location. Staff recommends
approval of the "AT" District to allow for the motel use. Staff believes that these uses are
complementary and accessory to the primary commercial marina located adjacent to Tracts 1
and 2. The applicant has shown a willingness to work with staff and the neighborhood to
mitigate any adverse impacts which may be generated by these accessory uses.
. A change of zoning to a "B-2" Bayfront Business District on Tract 1 does not ensure
added protection to the adjoining residential areas. However, a new Special Permit in the
"R-l C"/SP District would allow for the requested uses while providing protection for the
adjacent residential uses. A change of zoning to a "AT" Apartment-Tourist District on Tract
2 is consistent with the future land use map and is recommended.
Zoomg Report
Case No. 0205-04 (BL Real Estate Holding Co., - Bluff's Landing Marina
Page 4
Street Type Paved Section Volume
Ii (200n
Laguna Shores Road Parkway/Collector 60' R.O.W./ 24' paved N/A
0 section with side ditches
c: Wyndale Drive Collector 60' R.O.W. w/ 24' paved N/A
-
'" section with sheet flow
'"
.. draina~e
-
rJj Claudia Drive Local 50' R.O.W. w/ 20' paved N/A
section with side ditches
'"
- =
== i The subject properties (both Tract 1 and Tract 2) are plaited.
rJj
-
= '"
'" -= The objectives of economic development of shoreline areas accessible by navigable channels for
a a'"
t marinas will be significantly enhanced by these changes of zoning while at the same time
os a providing protection for the surrounding residential area.
Cl.Q
~U
See next page for Staff recommendation.
Zoning Report
Case No. 0205-04 (BL Real Estate Hoiding Co., - Bluff's Landing Marina
Page 5
=
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TRACT 1: Denial of the "B-2" Bayfront Business District on Tract 1 and, in lieu thereof,
approval of a Special Permit for an events center with the following conditions and subject to an
approved site plan. (See attached plan)
I. USE: The only use authorized by this Special Permit other than the basic "R-I C" One-
family Dwelling District uses in the Tyler Subdivision, Lots I & 12, is an accessory
event centerlbanquet hall to the existing restaurant and marina located across Wyndale
Drive and parking to serve the proposed banquet hall and the existing restaurant and
marina. Preparation of food is not permitted inside the event center. A warming kitchen
and outdoor food preparation by vendors are acceptable.
2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00
PM on Sunday through Thursday and 6:00 AM until 11 :00 PM on Fridays and Saturdays.
3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and
Claudia Drive shall be maintained, no driveway is permitted within the setback area
along Wyndale Drive.
4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight
feet in height to serve as visual and sound barriers shall be maintained along all
perimeters where the proposed banquet hall is adjacent to residential uses. A continuous
oleander screen shall be provided within the Claudia Street setback. The walls must be
covered with evergreen vines within two years of the date of this ordinance. The walls
must be setback a minimum of 20 feet from the adjacent street rights-of-way. Live
entertainment and/or disc jockey music will require the garage doors of the event center
to be closed.
5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting
and directed away from adjacent residential uses. All outdoor lighting on poles shall be a
maximum of20 feet in height.
6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50
feet from any residential structure and shall not be within the front or rear setback area.
Screening of any trash receptacle with a six foot solid fence with gate is required.
7. LANDSCAPING: In addition to complying fully with the landscape requirements of the
Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk
height on minimum 20 foot on center spacing must be located within the 20 foot setback
areas of the subject property.
8. TIME LIMIT: T he Special Permit shal1 expire within one year from the date of this
ordinance unless the property is used as specified and in ful1 compliance with all
conditions of the Special Permit and all other applicable ordinances, rules, and
regulations.
TRACT 2: Approval of the AT Apartment-Tourist District.
Zoning Report
Casc No. 0205-04 (BL Rcal Estate Hotding Co., - BiutT's Landing Manna
Page 6
=
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TRACT 1: Denial of the "B-2" Bayfront Business District on Tract I and, in lieu thereof,
approval of a Special Permit for an events center subject to eight (8) conditions.
TRACT 2: Approval of the "AT" Apartment-Tourist District on Tract 2.
'"
....~
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Attachment:
Tract 1: Number of Notices Mailed
Favor I
Opposition 0
Tract 2: Number of Notices Mailed
Favor 0
Opposition 0
(As of February 17,2005)
22
21
Zoning Map
Site Plan
] I :\P LN-DIR\SHARED\CHRIS T AL\ WORD\ZONRPTS\2005\Fcbruary\0205-04CCReport.doc
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0205-04 - BL Real Estate Holding Company, LP
Request: "R-1C" One-family Dwelling District to a "B-2" Bayfront Business District on Tract 1 and "R-1C"
One-family Dwelling District to an "AT' Apartment-Tourist District on Tract 2, resulting in a land use
change from low-density residential to resort business - Tract 1 and a low density residential to
apartment tourist - Tract 2 on property located east of Laguna Shores Drive, north of Wyndale Drive and
Claudia Street.
Excerpts from Zoning Report
The applicant is requesting a change of zoning to "B-2" Bayfront Business District on Tract 1 for
the development of an event center as an accessory use to the recently redeveloped commercial marina
and restaurant uses across Wyndale Drive and to "AT" Apartment Tourist District on Tract 2 for the
development of a 26 unit motel.
Tract 1 has direct access to a collector street, Wyndale Drive, with secondary access to Claudia
Drive, a local street. Traffic generated by the event center would primarily use Wyndale Drive via Laguna
Shores Drive, the primary collector street serving this area. Tract 2 has direct access to a local street,
Claudia Drive, and is located at the intersection with Laguna Shores Drive.
The event center use (Tract 1) classified as a restauranUdrinking place use would generate
approximately 117 average daily vehicles. The 26 unit motel (Tract 2) would generate approximately 230
average daily vehicles. Laguna Shores Road would accommodate the additional traffic projected by the
proposed uses.
A water/wastewater demand of the proposed restauranUdrinking place use (Tract 1) is projected
at 800 gallons per day with a solid waste demand of 340 Ibs. daily. A water/wastewater demand of the
proposed motel use (Tract 2) is projected at 644 gallons per day with a solid waste demand of 232 Ibs.
daily.
Tract 1 - The "B-2" District allows for signs not exceeding sixty (60) square feet in area and used
only to advertise the principal business or activity conducted on the premises. For each one (1) foot of lot
frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be
permitted, provided the total sign area shall not exceed two hundred and sixty (260) square feet. The
permitted square feet in sign area may be divided among several smaller signs, provided only one sign,
not attached flat against a wall of the building shall be permitted for each lot or other area greater than
one lot under one ownership. No sign which is other than flat against the wall shall in any event exceed
one hundred fifty (150) square feet in area. In no case shall any sign project above the height of the
building, and if attached flat against a wall of the building such sign shall not project more than eighteen
(18) inches from the wall of the building or structure. No signs shall be permitted, regardless of size,
which revolve, whirl, move, flash, or make noise. No agency of the City of Corpus Christi may grant a
variance, exception, or take any action which would permit a sign to be erected in excess of the size
provided herein or different from the provisions contained herein.
Tract 2 - The "AT" District allows accessory buildings and uses including signage not exceeding
sixty (60) square feet in area and used only to advertise the principal business or activity conducted on
the premises. For each one (1) foot of lot frontage in excess of one hundred (100) feet, (1) additional
square foot of sign area shall be permitted provided the total sign area shall not exceed two hundred sixty
(260) square feet. The permitted square footage of sign area may be divided among several signs,
provided only one (1) sign not attached flat against a wall of the building shall be permitted for each lot or
premise and provided that only one (1) wall sign shall be permitted per street frontage. The one (1)
freestanding sign shall not, in any event, exceed sixty (60) square feet in area or twenty (20) feet in
height. In no case shall any wall sign project above the height of the building, and when attached flat
against a wall of the building such sign shall not project more than eighteen (18) inches from the wall of
the building or structure. No signs shall be permitted, regardless of size, which revolve, whirl, move, flash,
or make noise. No portable signs shall be permitted.
A change of zoning to a "B-2" Bayfront Business District on Tract 1 does not ensure added
protection to the adjoining residential areas.
However, a new Special Permit in the "R-1C"/SP District would allow for the requested uses while
providing protection for the adjacent residential uses. A change of zoning to a "AT" Apartment-Tourist
District on Tract 2 is consistent with the future land use map and is recommended.
Department Comments: The objectives of economic development of shoreline areas accessible
by navigable channels for marinas will be significantly enhanced by these changes of zoning while at the
same time providing protection for the surrounding residential area.
TRACT 1: Denial of the "B-2" Bayfront Business District on Tract 1 and, in lieu thereof, approval of a
Special Permit for an events center with the following conditions:
1. USE: The only use authorized by this Special Permit other than the basic "R-1 C" One-family
Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an accessory banquet hall to the
existing restaurant and marina located across Wyndale Drive and parking to serve the proposed
banquet hall and the existing restaurant and marina. Preparation of food is not permitted at this
location. Only catered food or food not requiring cooking is permitted to be served.
2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on
Sunday through Thursday and 6:00 AM until 11 :00 PM on Fridays and Saturdays.
3. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed
away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet
in height.
4. TRASH RECEPTACLE: Placement of any trash receptacle shall be no cioser than 50 feet from
any residential structure and shall not be within the front or rear setback area. Screening of any
trash receptacle with a six foot solid fence with gate is required.
5. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning
Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum
20 foot on center spacing must be located within the 20 foot setback areas of the subject
property.
6. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance
unless the property is used as specified and in full compliance with all conditions of the Special
Permit.
7. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia
Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive.
8. SCREENING! NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in
height to serve as visual and sound barriers shall be maintained along ail perimeters where the
proposed banquet hall is adjacent to or across any public street from residential uses. The walls
must be covered with evergreen vines within two years of the date of this ordinance. The walls
must be setback a minimum of 20 feet from the adjacent street rights-of-way. Live entertainment
and!or disc jockey music will require the garage doors of the event center to be closed.
TRACT 2: Approval of the "AT" Apartment-Tourist District on Tract 2
*****
Public hearing was opened.
Spence Collins, applicant, P.O. Box 5943, Austin, Texas, appeared before the Commission. He
provided drawings of the project as it would be completed and discussed them with the Commission and
audience. Mr. Collins requested several modifications to the terms of the Special Permit recommended
by staff.
Jose Olivarez, 7705 Steinberg Lake, stated that he owns property near Tract 2, 4218 Laguna Shores.
He expressed concerns regarding flooding on the property and resulting from the subject property. He
said that there would be potential problems resulting from trash and fencing when the motel is built.
Mary Frances Teniente, Assistant Director of Development Services, explained that drainage would
be addressed and reviewed during the building permit process.
Bob Ealy, 4114 Claudia, also expressed concerns regarding flooding and added traffic as an issue.
He requested that there be "tighter" language in the report and that an occupancy limit be placed on the
event center. Mr. Ealy also requested that live music and game room be omitted from the uses.
Mr. Gunning explained that the occupancy rating would be addressed during the building permit
phase.
Mrs. Ealy, 4114 Claudia, stated that she would like to see an increase in police protection and also
expressed concerns with flooding.
Mr. Collins addressed drainage concerns by stating that the property would drain into the Laguna
Madre. He stated that if the Fire Department approves his occupancy rating, the rating would be 400.
Captain Bill Sheeka stated that there are no event centers for people coming to fishing tournaments.
He said that there are thousands of visitors every year and the project would be revenue generator for
Corpus Christi.
Mr. McGrath, owner of Fun Trackers and the Flour Bluff Convention Center, stated that his business
will profit from the proposed marina development.
Bart Morris, 3732 Meca, stated that he was a 23 year resident of Flour Bluff and he was supportive of
the proposed development.
Public hearing was closed.
Motion by Salazar, seconded by Stone, to approve request with several modifications to the staff's
recommendation on Tract 1 and approval of Tract 2. Motion passed unanimously with Mims, Pusley, and
Zamora being absent. The recommended conditions, as modified on Tract 1 include:
1. USE: The only use authorized by this Special Permit other than the basic "R-1 C" One-family
Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an accessory event center/banquet
hall to the existing restaurant and marina located across Wynd ale Drive and parking to serve the
proposed banquet hall and the existing restaurant and marina. Preparation of food is not
permitted inside the event center. A warming kitchen and outdoor food preparation by vendors
are acceptable.
2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on
Sunday through Thursday and 6:00 AM until 11 :00 PM on Fridays and Saturdays.
3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia
Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive.
4. SCREENING/NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in
height to serve as visual and sound barriers shall be maintained along all perimeters where the
proposed banquet hall is a djacent to residential uses. A continuous oleander screen shall be
provided within the Claudia Street setback. The walls must bee overed with evergreen vines
within two years of the date of this ordinance. The walls must be setback a minimum of 20 feet
from the adjacent street rights-of-way. Live entertainment and/or disc jockey music will require
the garage doors of the event center to be closed.
5. LIGHTING: All outdoor lighting on the property shall be shieided directional lighting and directed
away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet
in height.
6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from
any residential structure and shall not be within the front or rear setback area. Screening of any
trash receptacle with a six foot solid fence with gate is required.
7. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning
Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum
20 foot on center spacing must be located within the 20 foot setback areas of the subject
property.
8. TIME LIMIT: The Special Permit shall expire within 0 ne year from the d ate of this 0 rdinance
unless the property is used as specified and in full compliance with all conditions of the Special
Permit and all other applicable ordinances, rules, and regulations.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY BL HOLDING COMPANY BY CHANGING THE ZONING MAP IN
REFERENCE TO THE TYLER SUBDIVISION, BLOCK 1, LOTS 2 AND
12 REFERRED TO AS TRACT 1, AND TYLER SUBDIVISION, BLOCK
2, TRACT C REFERRED TO AS TRACT 2, (CURRENTLY ZONED
"R-1C" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A
SPECIAL PERMIT FOR AN EVENT CENTER SUBJECT TO EIGHT (8)
CONDITIONS AND A SITE PLAN FOR TRACT 1 AND BY CHANGING
THE ZONING ON TRACT 2 FROM "R-1C" ONE-FAMILY DWELLING
DISTRICT TO "AT" APARTMENT TOURIST; 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 BL Holding Company for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 23, 2005, during a meeting of the Planning Commission, and on Tuesday,
March 29, 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 the Tyler Subdivision, Block 1, Lots 2 and 12
referred to as Tract 1, and Tyler Subdivision, Block 2, Tract C, referred to as Tract 2,
(both currently zoned "R-1 C" One-family Dwelling District by granting a special permit
for an event center subject to a site plan and eight (8) conditions for Tract 1 and by
changing the zoning on Tract 2 from "R-1 C" One-family Dwelling District to "AT"
Apartment Tourist District; located east of Laguna Shores Road and north of Wynd ale
Drive and Claudia Street, as shown on the attached Exhibit of the Tract 1 Site Plan,
(Map 036026)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following eight (8) conditions and site plan:
Page 2 of 4
TRACT 1:
1. USE: The only use authorized by this Special Permit other than the basic "R-1 C"
One-family Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an
accessory event centerlbanquet hall to the existing restaurant and marina
located across Wyndale Drive and parking to serve the proposed banquet hall
and the existing restaurant and marina. Preparation of food is not permitted
inside the event center. A warming kitchen and outdoor food preparation by
vendors are acceptable.
2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until
10:00 PM on Sunday through Thursday and 6:00 AM until 11 :00 PM on Fridays
and Saturdays.
3. SETBACK: A 20 foot minimum building and parking setback along Wyndale
Drive and Claudia Drive shall be maintained, no driveway is permitted within the
setback area along Wyndale Drive.
4. SCREENINGI NOISE ATTENUATION: Solid masonry walls with a minimum of
eight feet in height to serve as visual and sound barriers shall be maintained
along all perimeters where the proposed banquet hall is adjacent to residential
uses, A continuous oleander screen shall be provided within the Claudia Street
setback. The walls must be covered with evergreen vines within two years of the
date of this ordinance. The walls must be setback a minimum of 20 feet from the
adjacent street rights-of-way. Live entertainment and/or disc jockey music will
require the garage doors of the event center to be closed.
5. LIGHTING: All outdoor lighting on the property shall be shielded directional
lighting and directed away from adjacent residential uses. All outdoor lighting on
poles shall be a maximum of 20 feet in height.
6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer
than 50 feet from any residential structure and shall not be within the front or rear
setback area. Screening of any trash receptacle with a six foot solid fence with
gate is required.
7. LANDSCAPING: In addition to complying fully with the landscape requirements
of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven
foot trunk height on minimum 20 foot on center spacing must be located within
the 20 foot setback areas of the subject property.
8. TIME LIMIT: The Special Permit shall expire within one year from the date of this
ordinance unless the property is used as specified and in full compliance with all
conditions of the Special Permit.
TRACT 2: Approval of the "AT" Apartment Tourist District.
H.\LEG-DIRIJosephlZoning-05\0205-04Special.doc
Page 3 of 4
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance,
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 29th day of March, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph H rney
Assistant City Attorne
For City Attorney
1. c( 2005
APPROVED
H:\LEG-DIRIJosephlZoning-05\0205-04Special.doc
Page 4 of 4
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. IIwe, 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-DIRIJosephlZoning-05\0205-04Special.doc
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20
CITY COUNCIL
AGENDA MEMORANDUM
COUNCIL ACTION DATE: March 29, 2005
SUBJECT:
Corpus Christi International Airport Industrial Park, Phase 1
(Access Road and Utilities) (Project No, 1098)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with Maverick Engineering, Inc. in the amount of
$187,266 for the Corpus Christi International Airport Industrial Park, Phase 1 (Access Road
and Utilities).
ISSUE: The City of Corpus Christi has approximately fifty (50) acres of property west of
the airport entrance that is recommended for use as a light industrial park. An engineering
contract is required to design the basic infrastructure in order to proceed with the
development.
FUNDING: Funding is available from the FY 2003-2004 Airport Capital Improvement
Budget.
REC~ATI~.E~ends approval VJf the motion as presented.
a ~ ~ ;;/H-/C';-
Dave Hamrick ~ el R. Escobar, P.E.
Director of Aviation Department Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:\USERS2\HOME\VELMAP\GENIAIRPORnDEVELOPMENT IMPS\AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Corpus Christi International Airport Industrial park, Phase 1
(Access Road and Utilities) (Project NO.1 098)
PRIOR COUNCIL ACTION:
1. Auqust 21,2000 - Approval of a five (5) year lease on 336,78 acres to T. M. & D. H.
Bernsen Farms for $25 per acre per year (Ordinance No, 024160).
2. Februarv 10, 2004 - Approval of the Capital Improvement Budget FY 2003-2004
(Ordinance No. 025647).
3. December 21, 2004 - Approval of a professional services agreement with the C. C.
R. E. D. C. for business development services, primarily warehousing, light
industrial and commercial non-aviation.
PRIOR ADMINISTRATIVE ACTION: None.
PROJECT BACKGROUND: The City owns approximately fifty (50) acres of property south
of State Highway 44 and west of International Drive at the entrance to the Corpus Christi
International Airport that is currently used for agricultural purposes. According to the
current Airport Master Plan, this land is recommended for use as Airport Support Facilities,
which are defined as industrial/business park development and commercial development
such as hotels and service stations. Airport staff negotiated a Council-approved
agreement with the C.C.R.E.D.C. to provide commercial non-aviation development
services. C.C.R.E.D.C. has advised the Airport that there is a lack of sufficiently sized
industrial/warehouse facilities available inside the City of Corpus Christi and have targeted
their efforts in locating a developer for the initial property construction, There is also the
possibility of using 4A monies for the initial spec. building.
The first phase of this development is the design of the infrastructure, including streets,
street lighting, water, wastewater and storm water, necessary to support the anticipated
future growth of the site. City Engineering and Airport staff have negotiated a professional
services agreement with Maverick Engineering of Corpus Christi, Texas to design the
infrastructure and provide the customary associated engineering services, including the
preparation of bid specifications, cost estimating, and bid evaluation. The second phase,
the actual construction of the basic infrastructure, will also be funded using Utility and
Airport bond monies.
CONTRACT: The proposed Contract will provide Basic Services and Additional Services
as follows:
BASIC SERVICES
. Design Phase
. Bid Phase
. Construction Phase
EXHIBIT "A"
Pa e 1 of 2
HIUSERS2\HOME\vELMAPIGEN\AIRPORT\DEVELOPMENT IMPS\AGENDA BACKGROUND
ADDITIONAL SERVICES
. Right Of Way Acquisition Survey
. Topographic Survey
. Hydro-Excavation for Locating Existing Utilities
CONTRACT SUMMARY/FEE: A contract summary and summary of fees are attached as
Exhibit "B".
EXHIBIT "A"
Pa e 2 of 2
H:\USERS2\HOMEIVELMAP\GENV\lRPORT\DEVELOPMENT IMPSIAGENDA BACKGROUND
CONTRACT SUMMARY
CORPUS CHRISTI INTERNATIONAL AIRPORT
INDUSTRIAL PARK, PHASE 1 (ACCESS ROAD AND UTILITIES)
(PROJECT NO. 1098)
1, SCOPE OF PROJECT
Corpus Christi International Airport Industrial Park Phase 1 includes engineering
design and construction for a new collector street between International Drive and
Pinson Drive for a proposed industrial park at Corpus Christi International Airport.
Phase 1 also includes water, sanitary sewer, storm sewer, electrical and street
lighting improvements along the new collector street, and paving improvements to
Pinson Drive,
2. SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,
Engineer will provide monthly status updates (project progress or delays, gantt charts
presented with monthly invoices) and provide contract administration services to complete
the Project. Work will not begin on Additional Services until requested by the Engineer
(provide breakdown of costs, schedules), and written authorization is provided by the
Director of Engineering Services.
3, SUMMARY OF FEES
Fee for Basic Services
1. Design Phase 124,008.00
2. Bid Phase 8,239.00
3. Construction Phase 29,959.00
Subtotal Basic Services Fees 162,206.00
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
TXDOT
NPDES Permit/Amendments
TCEQ
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
Texas Department of License and Regulation
Total Permitting 0.00
2. ROW Acquisition Survey (AUTHORIZED) 7,500.00
3. Topographic Survey (AUTHORIZED) 17,560.00
EXHIBIT "B"
Pa e 1 of 2
H:IUSERS2\HQMEIVElMAPIGEN\AIRPORliDEVELOPMENT IMPSICONTRACT SUMMARY
4. Construction Observation Services 0.00
5. Warranty Phase 0.00
6. Re-Route Sanitary Sewer to Exist. Lift Station 0,00
7. Hydro-Excavation for Locating Exist. Utilities 0.00
Sub-Total Additional Services Fees Authorized 50,710.00
Total Authorized Fee $187,266.00
EXHIBIT "B"
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H:\USERS2\HOMEIVELMAPIGEN\AIRPORT\OEVElOPMENT IMPSICONTRACT SUMMARY
Fde . \MprOject\councilexhibits \exh 1098.dw9
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PROJECT LOCA nON
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LOCA nON MAP
NOT TO SCALE
CITY PROJECT No. 109a
EXHIBIT "C"
CORPUS CHRISTlINTERNA TlONAL AIRPORT
INDUSTRIAL PARK, PHASE 1
(Access Road and Utilities)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DA TE: 03 - 2 4- 2005
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