HomeMy WebLinkAboutAgenda Packet City Council - 06/21/2005CITY COUNCIL AGENDA
JUNE 21, 2005
Corpus Ch risti
Ali-America City
11:45 A.M. - Recognition of Corpus Christi Crime Stoppers Officers Massey Roddguez and Mike AJaniz f~ top honors
received fi'om the Governor's Office al [he 17~ Annual Cnme Sloppers Co~ference
Special Presentation by American Diabetes Association and The Most Reverend Edmond Carmody, D.D.,
Bishop ol~ Corpus Christi
Swearing-in ceremony of newly appointed Board, Commission and Committee Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JUNE 21, 2005
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportuni~ to address the Council at approximately 12:00 p.m. or at the end
of the Council MeetJng, whlchever is eaflier. Please speak into the microphone located at the podium and state your name
and address. Your pmsentatlon will be limited to three minufes. If you have a petition or other inforrna~on pertalnlng to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingl(~s es limitado, habr~ un int~rprete ingl~s..espa~ol en todas las juntas
del Concilio pare ayudafle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Bubba Stahl, First Baptist 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 Henry Garrett
Mayor Pro Tem Brent Chesney
Council Members:
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
City Manager George K_ Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of June 14, 2005_ (Attachment #1)
Agenda
Regular Council Meeting
June 21,2005
Page 2
F. BOARDS & COMMI'I-rEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropdate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas ara
incorporated herain for raconsideration and action on any raconsiderad
item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and supporf material on each item, and/or it
has been discussed at a previous meeting. Ali items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or e citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requidng 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 ~his point the Council will vote on all motions, resolutions and orclinancas not
removed for individual consideration)
Motion approving a supply agreement with Brance-Krachy Co.,
Inc., of Houston, Texas, for approximately 402 magnesium
anodes in accordance with Bid Invitation No. BI-0108-05 based
on Iow total bid for an estimated semi-annual expenditure of
$53,582.30 of which $8,810.34 is budgeted in FY 2004-2005.
The term of the supply agreement will be for six months with an
option to extend for up to four additional six-month pedods
subject to the approval of the supplier and the City Manager or his
designee. Funds have been requested by the Gas Department
for FY 2005-2006. (Attachment ~2)
CITY COUNCIL
PRIORITY ISSUES
(Re faf lo legend at ~a end of the
age~:la summa~)
Agenda
Regular Council Meeting
June 21,2005
Page 3
Resolution authorizing the City Manager or his designee to accept
an amendment for a grant increase in the amount of $6.190 to
Contract No. 771-05040 with the Texas State Library and
Archives Commission for the purchase of a new photocopier and
networked printer for the Intedibrary Loan Center. (Attachment
#3)
Ordinance appropriating an additional amount of $6,190 in an
amendment to Contract No. 771-05040 from the Texas State
Library and Archives Commission in the No, 1068 Library Grants
Fund for the purchase of a new photocopier and networked
printer for the Intedibrary Loan Center. (Attachment #3)
Motion authorizing the City Manager or his designee to execute
Amendment No. 5 to the Contract for Professional Services with
Russell Corrosion Consultants, Inc., of Simpsonville, Maryland in
the amount of $64,926 for a total restated fee of $299,650_40 for
the Mary Rhodes Pipeline Corrosion Protection, Phase 2.
(Attachment #4)
Motion approving the application from The Amedcan Bank Center
in association with Special Olympics Texas to temporarily close
the following street section for the Texas Bayball Ballyhoop
Toumament: (Attachment #5)
The northemmost end of Shoreline Boulevard, directly
east of the Convention Center, beginning at the
intersection of Fitzgerald Street and Shoreline Boulevard
northward, beginning at 6:00 a.m., Thursday, July 28,
2005 until 6:00 a.m., Monday, August 1,2005.
Motion authorizing the City Manager or his designee to execute
Change Order No. 1 to the construction contract with Laughlin-
Thyssen, Inc., of Houston, Texas in the amount of $41,703.56 for
the Southside Transmission Water Main, Phases 4 and 4A.
(Attachment #6)
CITY COUNCIL
PRIORITY ISSUES
(Refe~ I~ legend at I~e end of Ihe
age~:la summary)
Agenda
Regular Council MeeUng
June 21,2005
Page 4
B.a.
10.
Motion authorizing the City Manager to execute a Deferment
Agreement with D & J Land Company, developer of
Padre/Interstate 37 Business Park Unit 2, Lots 1,2, and 3, Block
1 located south of Interstate Highway 37 and west of Lantana
S~'eet in the amount of $138,827.05 for on-site public
improvements including street pavement, curb, gutter and
sidewalks, storm sewer lines and water mains to serve
Padre/Interstate 37 Business Park Unit 2, Lots 1,2, and 3, Block
1, in accordance with the Platting Ordinance Section V-Required
Improvements Subsection A.3b). (Attachment #7)
Motion approving the Transmission and Gdd Main Construction
and Reimbursement Agreement submitted by the Corpus Chdsti
Retirement Residence Limited Partnership, owner and developer
of the Corpus Chdsti Retirement Residence Addition, Block 1,
Lots 1, 2, and 3, located north of Lipes Boulevard and west of
South Staples Street for the installation of 290 linear feet of a 12-
inch PVC water gdd main. (Attachment #8)
Ordinance appropriating $14,104 from the Artedal Transmission
and Gdd Main Trust Fund No. 209010-4030 to pay developer
reimbursement request for the installation of 290 linear feet of a
12-inch PVC water gdd main to develop the Corpus Chdsti
Retirement Residence Addition, Block 1, Lots 1, 2, and 3.
(Attachment #8)
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with The Port of Corpus
Christi ("Owner") for the dght to install, operate, repair, replace,
and maintain one pdvate 1.25 inch HDPE conduit with fiber optic
cable across the Salt Flat Drainage Outfall right-of-way for
approximately 90-feet and approximately 700-feet north of the
Union Pacific Railroad right-of-way; establishing a fee of $240.
(Attachment ~9)
Second Reading Ordinance - Amending the Comprehensive Plan
of the City of Corpus Chdsti by amending the City of Corpus
Chdsti Parks, Recreation, and Open Space Master Plan by
amending Subsection 10 of Section 8.2 by adding provisions for
playground equipment and green spaces in neighborhood parks;
CITY COUNCIL
PRIORITY ISSUES
(Re fer t~ lege~:l al Ihe end d Ihe
age~da s~rnary)
Agenda
Regular Council Meeting
June 21,2005
Page 5
11_
12.
reconfirming the top ten list of highest pdodty recreation facility
nccds in Section 9.2; providing for repeal of conflicting
ordinances. (First Reading 6/14/05) (Attachment #10)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0505-03.1~' Community Bank: A change of zoning from
a 'R-lB" One-family Dwelling Distdct to a "B-l" Neighborhood
Business District. The property is in Gardendale Unit 2
Subdivision, Block 8, Lots 33 and 34, located along Bonner Ddve
and 175 feet east of Everhart Road. (Attachment #11)
Planning Commission and Staff's Recommendation: Approval of
an "AB' Professional Office District with a Special Permit subject
to (8) eight conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by 1"
Community Bank, by changing the zoning map in reference to
Gardendale Unit 2 Subdivision, Block 8, Lots 33 and 34, be
rezoned from "R-lB" One-family Dwelling Distdct to an "AB"
Professional Office with a Special Permit for a motor bank as an
extension of the existing bank along Everhart Road, a parking lot
and office uses subject to a site plan and eight (8) conditions;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
Case No. 0505-05. Oak Properties: A change of zoning from an
"A-l" Apartment House Distdct to a "R-lB" One-family Dwelling
District. The property is 19.96 acres out of Flour Bluff and
Encinal Farm and Garden Tracts, Section 48, Lots 31 and 32,
located along the northeast comer of Flour Bluff Ddve and Don
PatTicio Road. (Attachment #12)
Planning Commission and Staff's Recommendation: Approval of
an "R-lB" One-family Dwelling Distdct as submitted.
CITY COUNCIL
PRIORITY ISSUES
(Re fm' rn legend al Ihe end o~ Ule
agenda summaJ'y)
Agenda
Regular Council Meeting
June 21,2005
Page 6
ORDINANCE
Amending the Zoning Ordinance, upon application by Oak
Properties, by changing the zoning map in reference to being
19.96 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 48, Lots 31 and 32, from "A-1" Apartment House
Distdct to "R-lB" One-family Dwelling District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
13.a.
Ordinance amending the Code of Ordinances, Chapter 53 -
Traffic, Section 53-252, Schedule Ill, Parking prohibited at all
times on certain streets, by prohibiting parking on the following
street sections: (Attachment #13)
East Port Avenue, north side, from North Mesquite Street
to a point 522 feet east of Sam Rankin Street; south side,
from North Mesquite Street to Sam Rankin Street_
Sam Rankin Street, both sides, from East Port Avenue to
Brewster Street.
Brewster Street, both sides, from North Chaparral Street
to Sam Rankin Street.
North Tancahua Street, both sides, from East Port Avenue
to U.S. 181.
East Hirsch Street, both sides, from North Mesquite to
North Chaparral Street.
North Chaparral Street, both sides, from U.S. 181 to I.H.
37; providing for penalties.
CITY COUNCIL
PRIORITY ISSUES
(Re,er to legend at the end of ~'~e
agenda sumrnay)
13.b.
Ordinance amending the Code of Ordinances, Chapter 53 -
Traffic, Section 53-253, Schedule IV, stopping, standing, or
parking prohibited dudng certain hours on certain streets, by
prohibiting parking between 5:30 p.m. and 2:00 a.m. on the
following street sections: (Attachment#13)
Agenda
Regular Council Meeting
June 21,2005
Page 7
14.
15_
16.
L.
17.
North Mesquite Street, both sides from U.S. 181 to I.H. 37.
East Port Avenue, nodh side, from Sam Rankin Street to
a point 522 feet east; providing for penalties.
Ordinance ordedng a Special Election to be held on September
10, 2005, in the City of Corpus Chdsti on the question of
prohibiting all smoking inside restaurants; providing for
procedures for holding such election; providing for notice of
election and publication thereof; providing for establishment of
branch eady polling places; designating polling place locations;
authorizing the City Secretary to contract with the Nueces County
Election Officer for equipment, supplies, and pdnting necessary
to conduct the election; enacting provisions incident and relating
to the subject and purpose of this ordinance. (Attachment #14)
PRESENTATIONS:
Public comment will not be solicited on Presentab'on items.
11:00 A.M. - Corpus Chdsti Regional Economic Development
Corporation Quarterly Report. (Attachment #15)
Presentation on Reuseof Memodal Coliseum. (Attachment #16)
SPECIAL BUDGET PRESENTATION:
Overview of Proposed FY 2005-2006 Budgets for Enterprise
Funds. (Attachment #17)
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 AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording Is mede of the msetJng; therefore, please speak into the microphone
located at the podium and state your name and address, ff you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl6s es limitado, habca un int6rprete
ingl~s-espaffol en la reuniOn de la junta pare ayudarle.
CITY COUNCIL
PRIORITY ISSUES
(Re~r to tege~l at the end o~ 01e
age~:la summary)
Agenda
Regular Council Meeting
June 21,2005
Page 8
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time dudng the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into 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.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
18. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate
by the City Council as to legislative issues before the 79~h
Texas Legislature.
19. CITY MANAGER'S REPORT
* Upcoming Items
20. MAYOR'S UPDATE
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ~ end o~
age~:la sumn~3Pj)
21. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
June 21,2005
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Rei'er to legend al the eru:l o~ the
agertda summary)
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Cib/s official bulleLin board at ~he front enf~ance
to Cib/ Hall, .1201 Leopard Street, at ,~:~ p.m.,
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www,cctexas.com after ?:00 p.m. on the Friday
before regulaHy scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
1
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 14, 2005 - 10:02 mm.
Mayor Henry Garrett
Mayor Pro Tern Brent Chesney (An'ived at 10:08 a.m.)
Council Members:
Melody Cooper (Arrived at 10:05 a_m.)
Jerry Cra_mia
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
City Staff:
City Manager George lC Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Gan'eR called the meeting to order m the Council Chambers of City Hall.
The invocation was delivered by Council Member Scott and the Pledge of Allegiance to the
United States flag was led by Council Member Noyola_
Mayor Garrett called for approval of the minmes of the regular Council meetings of May 24,
2005 and May 31, 2005. A motion was made and passed to approve the minutes as presented.
*************
Mayor Garrett referred to Item 2 and the following board appointments were made:
Civil Service Board/Commission
John Silvas (Reappointed)
Port of Corpu~ Christi Authority
Bernard A. Paulson (Reappointed)
Food Service Advisory Committee
John Den.son (Reappointed)
Bob Ard (Reappointed)
Dr_ Nina Sisley (Appointed)
Cheri Sperling (Appointed)
Human Relations Commission
Jennifer Start (Reappointed)
Dr. Clifton Baldwin (Reappointed)
Albert Santoya (Reappointed)
Thoma~ V. Lopez (Appointed)
Crystal Lyons (Appointed - Chairman)
Sam Watson (Appointed)
Tony (JR) Bonilla (Appointed)
Mayor C_~trrett opened discussion on Items 3 and 4 regarding the issuance of refunding bonds
and the issuance of Certificates of Obligation for the Cefe Valeazuela landfill and marina
improvement projects. He said the Certificates ofObligafionissuance eomprised the first increment
of Bond 2004. He also mentioned that Moody's Rating Service had recently upgraded the city's bond
Minutes - Regular Council Meeting
June 14, 2005 - Page 2
rating fi'om A2 to Al.
Regarding Item 3, the issuance of refunding bonds, Director of Financial Services Cindy
O~Brien stated that after pricing the bonds on the market yesterday, the exact amount of the bonds
had changed f~om $94,670,000 to $86,485,000. The bond sale would generate $93,297,000 in actual
proceeds to be spent on the improvement projects and the refunding. Mr. Mark Seale with M.E.
Allison & Company, the city's financial advisor, added that within the $86,485,000 sale, $29,850,000
of the city's outstanding general obligation debt. He said the city saw a 3.44 percent savings of
refunded bonds, totaling $1,026,811 in savings.
Mr_ Seale reported the sale was the first insmliment of the voter-authorized $95 million in
debt fxom Bond 2004. He said his firm had deposited $60 million in the project fund for the marina
improvement and landfill projects. He reiterated that Moody's had upgraded the city's bond rating,
while the other rating agencies reaffirmed the city's previous good ratings. The bonds were insured
by FSA, and were sold at a AAA rating, which generated an additional savings for the city. He said
the bonds were sold at a 4.22 percent rate for 20-year bonds, which was an extremely attractive rate.
Reganting Item 4, the sale of the Combination Tax and Revenue Certificates of Obligation
(COs), he said the landfill COs were 30-year bonds in the amount of $14,520,000 at 4.65 percent,
and the marina Cos were 20-year obligations sold for $4.5 million at 4_38 percent.
Overall, Mr. Seale reported the market was seeing 40-year historically lows in interest rates,
so it w~ the perfect time to issue and refund debt-
In response to Mr. Scott's question, Mr. Seale replied that the rule of thumb for refunding
bonds was to see at least a 3 percent savings before it was considered cost-effective. He said the
present savings in this transaction was 3.44 percent.
Mayor Crarrett asked for public comment. Mr. Bill Kopocky, 3609 Topeka, stated he was in
favor of the bond r~funding transaction, but he questioned the use of COs to fund the improvements
because they were not voter-approved. Mr. Nee replied debt issued on a revenue basis carded a
higher interest rate than ~ SLlpported debt, so part of the value of using Cos was the city would see
a lower interest rate on these bonds than if the city used a revenues pledge. City Secretary Chapa
polled the Council for their votes as follows:
Minutes - Regular Council Meeting
June 14, 2005 - Page 3
ORDINANCE NO. 026292
Ordinance providing for the issuance of fr94,670,000 $86,485,000 of the General
Improvement and Refunding Bonds, Series 2005, of the City of Corpus Christi, Texas,
bearing interest at the rates hereinafter set forth, and providing for the levy, assessment and
collection ora tax sufficient to pay the interest on said bonds and to create a sinking fund for
the payment of the principal thereof; repealing all ordinances in conflict herewith; approving
the execution of a bond purchara: contract and an escrow agreement; and providing that this
ordinance shall be in force and effect from and aficer the date of its passage.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Gan:ia, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Kelly was absent.
4.a. ORDINANCE NO, 026293
Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the
issuance of $15,000,000 City of Corpus Christi, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2005 (Lanrlfill ProjecO, and ordaining other matters relating
to the subject.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Kelly was absent.
4.b_ ORDINANCE NO. 026294
Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the
issuance of $4,500,000 City of Corpus Christi, Texas, Combination Tax and Revenue
Certificates of Obligation, Series 2005 (Marina Development Projec0, and ordaining other
matters relating to the subject.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: CJarrett, Chesney, Cooper, Gan:ia, I(innison, Marez, Noyola, and Scott,
voting "Aye"; Kelly was absent.
Mayor Oarrett called for consideration of the consent agenda (Items 5-17). City Secretary
Chapa announced that Mr_ Noyola would be abstaining fxom the vote and discussion on Item 13.
Mm. Abel Alonzo, 1701 Thames, asked that Item 15, a contract with Collier, John~qon & Woods to
conduct a city audit, be pulled for individual consideration. He expressed concern about the process
used to award the conttact to Collier, John,.on & Woods, saying that the city should have made more
of an effort to elicit other biddem. He also commented that only two Council members attended the
last Council Audit Committee meeting.
Minutes - Regular Council Meeting
June 14, 2005 o Page 4
Council members also requested that Item 15 be pulled for individual consideration. A
motion was made and passed to approve Items 5 through 17, constituting the consent agenda, except
for Item 15, which was pulled for individual consideration. City Secretary Chapa polled the Council
for their votes as follows:
5. MOTION NO. 2005-181
Motion approving the purchase of one 500 KW emergency generator set fi.om Loffin
Equipment Co., of Stafford, Texas for a total of $80,871.15_ The award is based on the
Cooperative Purchasing Agreement with the Houston Galveston Area Council of
Governments (HGAC). The generator will be installed at the Health Dc-pa. tment. Funds are
budgeted in the No. 1066 Health Grant Fund - PI--IP Preparedness FY 2004-2005 budget_
The foregoing motion was passed and approved with the following vote: Gan-eR, Chesney,
Cooper, Garcia, Kelly, Kinnlson, Mamz, Noyola, and Scott, voting "Aye".
6.a. RESOLUTION NO. 026295
Resolution authorizing the City Manager or his designee to accept grant funding in the
amount of $25,000 from the Texas Deparlment of Transportation for an Impaired Driving
Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement
ovextime pay within the Police Department and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Craxcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
6.b. ORDINANCE NO. 026296
Ordinance appropriating $25,000 from the Texas Department of Transportation for funding
of an Impaired Driving Mobilization Selective Traffic Enforcement Pmject (STEP) grant for
DWI enforcement overtime within the Police Department in the No. 1061 Police Grants
Fund.
Aa emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Gaxrett, Chesney, Cooper, Garcia, Kelly, glnnison, Marez, Noyola, and
Scott, voting "Aye".
7. ORDINANCE NO. 026297
Ordinance appropriating $18,756 from the Department of State Health Services (DSHS) for
the Title XX great in the No_ 1066 Health Grant Fund to provide family planning services.
An emergency was declared, and the foregoing ordinance WaS ~ and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnin. on, Mal~Z, Noyola, and
Scott, voting "Aye".
Minute~ - Regular Comlcil Meeting
June ! 4, 2005 - Page 5
10.
11.
MOTION NO_ 2005-182
Motion authorizing the City Manager or his designee to execute a Conlract for Professional
Services with RVE, Inc., of Corpus Christi, Texas in the mount of $603,420 for Waldron
Road bom Purdue to Glen Oak and the Mediterranean Extension. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Gan:ia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-183
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Coym Rehmet& Gutierrez Engineering, of Corpus Christi, Texas in the
amount of $631,714 for Everhart Road, Phase 1 bom Saratoga to Cedar Pass. (BOND
ISSUE 2OO4)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-184
Motion authorizing the City Manager or his designee to execute Rafiflcaton of Amendment
No. 5 to the Contract for Professional Services with LNV Engineering, of Corpus Christi,
Texas for a total fee of$112,114 and for a total re-stated contract fee ors 1,013,119 for Slxeet
Resurfacing Project: (BOND ISSUE 2000)
Up River Road - from IH 37 to Leopard Street
Ayers Street - from SPID to Port Avenue
Gollihar Road - from Crosstown Expressway to Kostoryz Road
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garci8, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-185
Motion authorizing the City Manager or his designee to execute a consmaction contract with
Sechrist Hall Company, of Corptts Christi, Texas in the amount of $33,884.40 for the Fire
Station No. 12 Re-Roof.
The foregoing motion was passed and approved with the following vote: Garreth Chesney,
Cooper, Garcia, Kelly, ginnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
Juflc 14, 2005 - Page 6
12.
13.
14.
16.
MOTION NO. 2005-186
Motion authorizing the City Manager or his designee to execute a cons~'uction contract with
Big State Excavation, of Houston, Texas in the amount of $560,230 for the Minor Storm
Drainage Improvement~ WestvJew Drive Ditch.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kilmison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-187
Motion authorizing the City Manager or his designee to execute an Engineering Materials
Inspection and Laboratory Testing Contract with Professional Services Industxies, Inc. (P SI),
of Corpus Christi, Texas in an amount not to exceed $98,640 for the Corpus Christi
International Airport Runway 13/31 Rehabilitation, Overlay, Blast pad% Shouldem, Airfield
Drainage Phase 3, Edge Lighting and Associated Site Work.
The foregoing motion was passed and approved with the following vote: Garmtt, Chesney,
Cooper, Gamia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained.
ORDINANCE NO. 026298
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Old Concrete Street, Ltd_, for the right to use a portion of the Bmedway
Wastewater Treatmem Plant property for staging a fireworks display on July 2, 2005, and
establishing a fee of $460.
An emergency was declared, and the foregoing ordinanc~ was passed and appmved with the
following vote: Gan~tt, Chesney, Cooper, Garcia, Kelly, Kinniron, Marez, Noyola, and
Scott, voting "Aye".
MOTION NO. 2005-189
Motion authorizing the City Manager to execute a Defe,ment Agxeement with Gotcher
Construction, Inc., (Developer), in the mount of $31,861.28 for the installation of an 8-inch
sanitary sewer line to serve Bent Tree Unit 2, Lots 9A and 10A, Block 6 subdivision located
west of Airline Road and north of Saratoga Boulevard, in accordance with the Platting
Ordinance Section V-Required Improvements, Subsection A.3.Co).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Gareia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 14, 2005 - Page 7
17_ ORDINANCE NO, 026299
Ordinance abandoning and vacating a portion of a 20-foot wide (143.76-square feet) utility
easement out of Lot 12, Block 2, The Vineyards Unit lA, located east of Airline Road and
south of Saratoga Boulevard; requiring the owner, R.igoberto Lopez, to comply with the
specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Gan:ia, Kelly, ginnlnon, Marez, Noyola, and
Scott, voting "Aye".
Mayor Gan'ett opened discussion on Item 15 regarding a contract for professional auditing
services with Collier, Johnson & Woods. In response to Mr. Noyola's question, Director of Financial
Serxriees Cindy O'Brien replied that the ciVfs external audit was highly specialiTed work. Even
though Collier Johnson & Woods had performed well over the last 10 years, the city nevertheless
issued a Request for Proposal for auditing services to see if any other firms were interested. In
addition, staffmailed audit solicitation notices to local and out-of-town accounting firms. She said
the city received two responses. After review by a committee, the Collier, Johnson & Woods
proposal was the highest rated proposal.
Mr_ Noyola noted the trna of the contract was one year with an option to extend for up to
four additional twelve-month periods. He stated he would be in favor of amending the t~m of the
contract to one year with an option to extend for two years instead of four years. Ms. OrBrien noted
that the city could issue an RFP at any time during a two-year or a four-year renewal period.
Mx. Kinni~,on spoke m support of statTs recommendation. He said the city could consider
using an out-of-town firm, but the Council's usual thinking was to chose local companies whenever
possible. He said the city should review whether there was a need to issue another RFP on an annual
basis.
Ms. Cooper spoke in favor of staffs recommendation, saying a four-year renewal option
would save time for ~aff She said Collier Johnson & Woods had always done an excellent job, and
she could see no reason why they wouldn't continue to do so.
Mr. Noyola made a motion to amend the term of the contract to twelve months with an option
to extend up to two additional twelve-month periods, seconded by Mx. Marez. City Secretary Chapa
polled the Council for their votes on the motion to amend ~ follows: Marez and Noyola, voting
"Aye"; Garret% Chesney, Cooper, Garcia, Kelly, Kinaison, and Scott, voting '2qo". The motion to
amend failed. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
June 14, 2005 - Page 8
15.
MOTION NO. 2005-188
Motion authorizing the City Manager or his designee to execute a contract with Collier,
Johnson & Woods, of Corpus Christi, Texas in the estimated mount of$126,000 to perform
the financial and compliance audit requirements for fiscal year 2005. The te, m of the
contract shall be for twelve months with an option to extend for up to four additional twelve-
month periods subject to the approval of the contractor and the City Manager or his designee.
The foregoing motion was passed and approved with the following vote: C_razrett, Chesney,
Cooper, Gareia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrc~ referred to kem 18, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
~ No, 0405-01. JIMREC: A change of zoning fzom a "R-lB"One-family Dwelling
District on Tracts 1 and 2 and an "A-I" Apartment House District on Tracts 3, 4, and 5 to
"B-I" Neighborhood Business District on Tracts 1 and 3, "AB" Professional Office District
on Tracts 2 and 4, and "B4" General Business District on Tract 5. The property is 23.91
acres being out of Lots 1, 2, 15, and 16, Section 10 in the Flour Bluff and Enclnal Farm and
Garden Tracts, located along the east side of South Staples Street and north of Yorktown
City Secretary Chapa said the Planning Commission made the following recommendation -
Tracts 1 and 3: Approval ofa "B-I ~ Neighborhood Business District; Tracts 2 and 4: Approval of
an "AB" Professional Office District; and Tract 5: Denial of"B4" General Business District and,
in lieu of, approval ora "B-1" Neighborhood Business District on the western 350 feet of Tract 5 and
the remaining portion of Tract 5 be zoned "AB" Professional Office District.
City Secretary Chapa said staff made the following recommendation - Tracts 1 and 3:
Denial of"B-l" Neighborhood Business District and, in lieu of, approval of an "AB" Professional
Office District; Tracts 2 and 4: Approval of an "AB" Professional Office District; and Tract 5:
Denial of"B-4" General Business District and, in lieu of, approval of an "AB" Professional Office
District.
Mr. Gunning reviewed a number of slides of the subject property and the mounding area.
He then expla/ned the main difference between the Planning Commission and staffs
recommendations. The Planning Commission was recommending that Tracts 1, 3, and the western
350 feet of Tract 5, facing Staples Street, be zoned "B-I" Neighborhood District, while Tracts 1, 3,
and the remaining perhon of Tract 5 would be zoned "AB" Professional Office Digaict. Staff was
recommending that all the Tracts be zoned "AB" Professional Office District.
Mr. Canning stated staffwas concerned about encouraging strip commercial development
along the Staples Street corridor because it could adversely affect traffic in the area. Thus, he said
sta.ffwlt8 recommending the "AB" Professional Office District to provide development which would
Miaut~ - Regular Council Meeting
June 14, 2005 - Page 9
generate si~oniflcantly less traffic per acre than the requested commercial development and would be
much more conducive to mitigating traffic congestion on Staples Street. The "AB" Professional
Office District provided a wide range o fuses including professional offices, multi-family residential
uses, medical clinics, hair salons, and studios. Mr. Grinning said "AB" zoning would accommodate
the type of business and professional uses the developer was considering at this time.
Mr. C_rttnning also pointed out there were a number of large, undeveloped lots surrounding
the subject property (north toward Lipes Boulevard and south towards Yorktown Boulevard) that
were zoned "B4" General Business District and would generate more traffic and result ia
significantly more traffic congestion on South Staples Street. Subsequently, he said the "AB"
Professional Office District would be more conducive to mitigating traffic congestion on Staples
Street in the long term.
Mr. Chesney pointed out that many of the lots surrounding the subject property were zoned
"B-4" General Business District. He questioned the fairness of requiring that this property be zoned
"AB" Professional Office District. Mx. Gunning explained the evolution of the zoning for the
property in this area, saying that staff had made a commitment to allow "B4' zoning in the Lipes
Boulevard area and along the west side of Staples Street in the 1980s and early 1990s. He said staff
was knowingly making a change in their philosophy, was now focusing on protecting the arterial
corridors in the area for future development. In response to Mr. Chesney and Mr. Garcia's questions,
Mr. Gunning stated staffhad not received any specific development proposals fi'om the applicant
which made it difficult to consider changing to "B-I' zoning. He also said since South Staples
Street was a state-contxolled roadway, any points of access had to be approved by TxDOT.
Mayor Garrett asked for public comment. Mr_ Chuck Urban, 2725 Swantner, spoke in
support of the Planning Commission's recommendation. He noted there were only three driveways
being planned for this development, in accordance with TxDOTs new access point and curb cut
regulations.
Mr. Jacob Sudhoff, 3827 S. Alameda, also spoke in favor of the Planning Commission's
recommendation. He slated that he had several signed contracts for the tracts that were contingent
on the "B-l" zoning. He also reviewed the proposed plan for the property, which included buffer
zones around the perimeter to protect the adjacent residential areas, limited points of access, and
built ia easements. In his experience, he did not feel there was enough of a market demand for "AB"
zoning, but there was a sllbstalltial demand for "B-I" zoning.
Mr. Kinnison asked Mr_ Gunning to comment on Mr. Sudhofl's presentation. Mr. Gunning
said he would have preferred to maintain the "R-lB" zoning and then develop a Planned Unit
Development for the proposed development_ However, ia the absence of this type ofzoniag, he felt
the proposed "AB" zoning would accommodate the applicant's plans well. Director of Development
Services Barbara Bailey added that Mr. Sucthofl's plan sounded like a responsible development for
the southside area, but Barf's main concern was stripping out the arterials in the are&
Ms. Cooper spoke in support of the Planning Commission's recommendation because she felt
the development would address the need for retail uses on the soutbside of town.
Minu~s - Regular Council Meeting
June 14, 2005 - Page 10
City Manager Noe cautioned the Council that they were simply approving a zoning action.
There was nothing in their a~tion that would require Mr. Sudhoffto develop the property in the
manner he was presenting today. If the deal were to fall through for whatever reason, a completely
different development could develop in the future.
Mr. Marez spoke in support of the proposed development.
Mr. Noyola spoke again~ the proposed development because he was not comfortable that
it would be developed in the mariner presented.
Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed.
City Secretory Chapa pointed out the ordinance before the Council reflected the planning
Commission's recommendation_ City Secretary Chapa polled the Council for their votes as follows:
18. ORDIlqANCE NO. 026300
Ameoding the Zoning Ordinance, upon application by JIMREC by changing the zoning map
in reference to 23.91 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Section
10, Lots 1, 2, 15, and 16 fxom: "R-lB" One-family Dwelling on Tracts 1 and 2, and "A-I~
Apartment House District on Tracts 3, 4, and 5 to: "B- 1" Neighborhood Business District on
Tracts 1 and 3, "AB" Professional Office Dislxict on Tracts 2 and 4, and "B- 1 ~ Neighborhood
Business District on the western 350 feet of Tract 5 and "AB~ Professional Office District
on the remaining portion of Tract 5; amending the Comprehensive Plan to account for any
deviations fxom the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesuey, Cooper, Garcia, Kelly, g innison, Marez, and Scott, voting
"Aye"; Noyola voting "No".
Mayor Gan'ifa opened discussion on Item 19, and a motion was made, seconded, and passed
to open the public hearing on the following zoning case:
Case No, 0505-01, Staples Development. L,L.C.: A change of zoning fxom a "F-R" Farm-
Rural District to a "R-lB" One-family Dwelling Disa'ict- The property is 117.04 acres out
of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, a portion of LOts 19-22 and
all of Lots 27-30, and Section 21, a portion of Lots 6 and 7, located along Airline Road, 400
feet south of County Road 26-A (Brooks Road) and west of Airline Road and Rodd Field
Road intersection.
Mr. Chapa stated the Planning Commission and staffrecommended the approval ofa "R- 1B"
One-family Dwelling Distxict.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Garcia, and passed. Mr. Chapa polled the Council for their votes
as follows:
Miautea - Regular Council Meeting
June 14, 2005 -Page 11
19. ORDINANCE NO, 026301
Amending the Zoning Ordinance, upon application by Staples Development, LLC., by
changing the zoning map in reference to 117.04 acres out of a portion of Lots 19, 20, 21, 22,
and all of Lots 27, 28, 29, and 30, Section 20, and a portion of Lots 6 and 7, Section 21,
Flour Bluffand Encinal Farm and Garden Tracts fi.om "FR" Farm-Rural District to "R-lB"
One-family Dwelling District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, I(innison, Marez, Noyola, and
Scott, voting "Aye".
Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open the
public hearing on the followin8 zoning case:
Case No, 0505-02. Sterlinlt M. Love: A change of zoning fi.om a "R-lB" One-family
Dwelling District to a "B-l" Neighborhood Business District. The property is in Sterling
Comers, Block 1, Lot 4, located along South Staples Street and 500 feet north of South
Staples Street and Lipes Boulevard intersection.
City Secrelary Chapa stated the Planning Commission and staffrecommended the approval
of a "B- 1" Neighborhood Business District.
No one spoke in opposition to the zoning change. Mr. Cheaney made a motion to close the
public hearing, seconded by Mr. Soo tt, and passed_ City Secretary Chapa polled the Council for their
votes as follows:
20. ORDINANCE NO. 026302
Amending the Zoning Ordinance, upon application by Sterling M. Love, by changing the
zoning map in reference to Sterling Comers, Block 1, Lot 4, fi.om "R-lB" One-family
Dwelling Dislxict to "B-1" Neighborhood Business District; amending the Comprehensive
Plan to account for any deviations fi.om the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garreth Chesney, Cooper, Garcia, Kelly, ](inniqoll, Marez, Noyola, and
Scott, voting "Aye".
Mayor G-an~Rcalledfora~efrecesstoprese~proclam~ons.
*************
Mayor Garrett called for petitions fi.om the audience. Ms. Jerry Bushong, 1402 Casa Linda,
Minutes - Regular Council Meeting
June 14, 2005 - Page 12
spoke regarding her concerns about graffiti in the Casa Linda area (bounded by Kostoryz and Weber
Roads, and Carroll Lane). Mr. Brian Watson, 5813 Hugo, stated he would present the Council with
a written statement regarding the Base Realignment and Closure (BRAC) process. He also thanked
the city for their support of the Respite Center for Mentally Ill offenders.
Mayor G-an'eRcalled~rabdefrecess.
*************
Mayor Garrett referred to Item 21, and a motion was made, seconded, and passed to open the
public hearing on the FY 2005-06 Crime Control and Prevention Dislrict budget, as adopted by the
District's Board of Directors_
Commander Bryan Smith was pleased to report the District had been able to curtail spending
to stay within budget this year. He said staffand the Board scrotiniTll~d the budget to eusure that the
program would remain W'jthin budge~ by the end of the five-year approval period to pt~are for the
next approval period in November 2007.
Mayor Garrett asked if it was possible to reinstate the pawn shop detail program.
Commander Smith replied that after review, staffestimated it would cost appm×imately $86,000 in
Year I to hire three data-entry clerks and an additional $41,000 fxom the general fund to hire
a supetarisor, for a to .tal of $127,000 per year. For the program to be successful, he said this was the
mini mnm stalTlng level. He said District revenues had increased by seven percent this year, but the
the Board was a~.qnming a conservative three-pereent revenue growth level m their iJ~ujectious.
While the Board was in favor of reinstating the pawn shop detail program, they were concerned
about whether the District could maintain the necessary revenue levels in the outlying years of the
five-year period.
Mr. Scott asked a number of questions regarding the structure of the tax revenues for the
District. In response to Mr. Scott's question, Commander Smith said the District maintained a
$700,000 surplus to a~count for exigencies and to cover costs in the event the district not approved
by the voter. Mr. Noe noted the Board and the Council had established the funding of the additional
50 officers as the highest priority in the budget, and other programs would be funded as funds were
available. He said the 50 officers were phased in over a two year period and took up most of the
available funding. The Disla'ict had been drawing down the phase-in balance over time, spending
more than the available revenues. He said the District revenues may malnlain current levels, but if
the Dislxict were to add more programs, then there was more ground to make up to make the budget
balance.
Mr. Garcia spoke in support of the reinstating the pawn shop detail program, saying the
program was worth the $127,000 expense. He asked Commander Smith to ask the Crime Conlxol
Distxict Board Chairman to come before the Council to explain the Board's stance on financing the
pawn shop detail.
Minutes - R~gular Council Meeting
June 14, 2005 - Page 13
Mr. IGanison stated it was important to consider the DLslxicfs funding priorities.
Commander Smith agreed, saying staffwas projecting that within the next three to four years, police
officer costs were going to absorb all the Crime ConSol District revenues. This may also affect the
future funding of the Juvenile Assessment Center, which was partly funded by the District. Mr.
Kinnison asked when the District tax expired. Commander Smith replied the tax would exph'e in
April 2008, but the issue would have to go to an election before that date. City Manager Noe said
staff would verify this information. Mr. Kinnison questioned that if the Board and the Police
Depmtment considered the pawn shop detail program to be important, then why wasn't the $120,000
included as part of the $53.6 million budget
Mr. Marez spoke in favor of reinstating the pawn shop detail program.
Mayor Gan-eR asked for public comment. Mr. Abel Alonzo, 1701 Thames, spoke in favor
of reinstating the pawn shop detail program.
Mr. Chesney made a motion to close the public heating, seconded by Ms. Cooper, and
passed
Mayor Neal referred to Item 22, an amendment to the Parks Master Plan. A motion was
made, seconded, and passed to open the public hearing on the Item 22.a.:
22.a.
Public hearing on a proposed amendment to the Comprehensive Plan of the City of Corpus
Christi by amending the City of Corpus Christi Parks, Recreation, and Open Spare Master
Plan by amending Subsection 10 of Section 8.2 by adding provisions for playground
equipment and green spaces in neighborhood parks; reconfu'ming the top ten list of highest
priority recreation facility needs in Section 9.2; providing for repeal of conflicting
ordinances.
Director of Parks and Recreation Sally Gavlik reported that the city was requh'ed to amend
their Parka Master Plan every two years based on Texas Parks and Wildlife regulations. In reviewing
the master plan, staff found a contradiction which stated that all the smaller neighborhood parka
would be green spaces. As part of Bond 2004, she said he city was currently planning for the
installation and replacement of playground equipment for smaller neighborhood parks. Thus, staff
was proposing an amendment to the Master Plan to allow for playgrounds and green spaces in
neighborhood parks.
In addition, Ms. Gavlik reported staffwas also recommending the Council reaffima the city's
top 10 list of the highest priority recreation facilities because it would be important when the city
applied for grants.
There were comments from the public. A motion was made, seconded, and passed to close
the public hearing. City Secretary Chapa polled the Council for their votes on Item 22.b. as follows:
Minutes - Regular Council Mee6ng
June 14, 2005 -Page 14
22.b. FIRST g~.ADING ORDINANCE
Amending the Comprehensive Plan of the City of Corpus Christi by mending the City of
Corpus Christi Parks, Recreation, and Open Space Master Plan by amending Subsection 10
of Section 8.2 by adding provisions for playground equipment and green spaces in
neighborhood parks; reconfirming the top ten list of highest priority recreation facility needs
in Section 9.2', providing for repeal of conflicting ordinances_
The foregoing ordinance was passed and approved on its fixst reading with the following
vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Cheaney was absent.
Mayor Garrett opened discussion on Item 23 regarding the Collective Bargaining Agreement
with the Corpus Christi Firefighters' Association. City Manager Noe replied the city and Firefighters'
Association had reached an agreement on their contract, which the union membe~hip had voted
on and approved over the weekend. Director of Human Resources Cynthia Gareia reviewed the key
economic conditions included in the proposed agreement as follows: 2.25 percent raise to salaries
effective 8/1/03; a 2.25 percent raise to salaries effective 11 /1/04; a one-time conU'ibution of $13,000
to the supplemental insurance amount sent to the association; an increase of $12.50 a month to the
uniform allowance effec6ve 8/1/04; an increase of $2 to the meal allowance of $4 for firefighters on
call during mealtime; a one-time increase of $25_00 per fLrefighter to the pel'formance pay amount
of$150.00 scheduled for November 2005; addition of education pay m the overtime calculation; and
addition of district chiefs to the callback rotation.
In exchange for these conditions, Ms. Garcia stated the union ~ to a change in language
and formulas describing the city's method of payment for salaries and other pay, which was
important during state and federal law overtime claims. They also agreed to language giving the Fire
Chief more discretion in entering into agreed discipline with employees_ An increase inthe number
of personal leave days to equal the number for civilian and police employees was also added.
Finally, the union agreed to acknowledge that the rifle of First Assistant Chief was now Deputy
Chief.
Mr. Noyola congratulated both city staff and the union for negotiating an agreement. He
pointed out, however, that the agreement would expire on July 31, 2005, and the negotiations had
taken two years. He spoke in favor ora longer term conWact of four or five years rather than two
years to save staff and union members time.
In response to Mr. Kinnison's question, City Manager Noe replied there was no standard
contract term. The term of the contract varied fi.om 1 to 4 years, and depended on how predictable
the city thought the economic future was. He noted there were a amber of outstanding issues on
both sides that still needed to be negotiated, and both fides wished to have an opportunity to discuss
them fia'ther. Once these issues were resolved, then the city and the union could consider a longer-
term con~'aet_
Minutes - Regular Council Meeting
June 14, 2005 - Page 15
Mr. Marez spoke in favor of extending the term of the contract.
Mayor Garrett called for public comment. Mr. Carlos Torres, President oftbe Firefighters'
Association, spoke in favor of extending the conUact to a three to four year term contxact. He said
the association would be marly to begin negotiations on the next contract on July 11. He also asked
the city to reconsider the $100,000 they were spending on out-of-town lawyers fees and see if any
local firms could handle the negotiations.
Mr. Abel Alonzo, 1701 Thames, thanked the city and the union for coming to an agreement.
He asked the Council not to forget the interests of the city employees, who were not unioniTed. Mr.
Noyola reassured him that the Council was looking after the city employees. City Secretary Chapa
polled the Council for their votes as follows:
23. MOTION NO. 2005-190
Motion authorizing the City Manager to execute on behalf of the City a Collective
Bargaining Agreement with the Corpus Christi Fire Fighters' Association f~om August I,
2003 through July 31, 2005, as negotiated by the City and association representatives.
The foregoing motion was passed and approved with the following vote: G-retort, Chesney,
Cooper, Garcia, Kelly, ICinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 24, a resolution requesting that the Base Closm~
Commission remove Naval Station Ingleside fi.om the list of Pentagon recommendation for base
closure. City Manager Noe explained the city had received a request from Congressman Ortiz that
the Council adopt this resolution. City Secretary Chapa polled the Council for their votes as follows:
24. RESOLUTION NO, 026303
Resolution urging the Base Closure Commission to hold a hearing ia the Corpus Christi area
to personally evaluate the value of Naval Station Iagleside and to remove Naval Station
Ingleside fi'om the list of Pentagon recommendations for base closure.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 25, a resolution approving the State School
Property Mast~ Plan. Mr. Billy Delgado with the Parks and Recreation Department provided a brief
history regarding the State School property. He said the undeveloped 40 acres of the 91.7 acre
property was identified in the 2002 Parks, Recreation, and Open Spaces Master Plan identified the
property as a high-priority site for a "Youth Sports Complex".
Mr. Delgado ,~tod the Parks Master Plan identified the following ten priorities for future
park development as follows: soccer fields; trails; picnic pavilions; playgrounds; practice facilities
for baseball/softball; practice soccer/football fields; skating facilities; enhanced aqtl~tic~ fl~ilifie~;
outdoor covered busketball pavilions; and nature habitat or nature areas. He said all ten components
Minutes - Regular Council Meeting
June 14, 2005 - Page 16
were included in the design of the State School Master Plan. Mr. Art Sosa with the Parks and
Recreation Department reviewed the site plan for the State School property.
Mr. Sosareviewed the budget for the State School Master Plato He said Phase I of the project
totaled $1,000,000, $500,000 of which was obtained from Bond 2004 funds and the remaining
$500,000 would be obtained fi'om a grant. Phase 11 totaled $3.9 million and Phase Ill totaled $1.6
million, for a total project cost of $6.6 million. He provided a detailed list of amenities for each
pha~e.
Ms. Reba George with the Parks and Recreation Depastment briefly discussed funding
opportunities. She said part of the item on the agenda today included permission to submit a grant
application to the Texas Parks and Wildlife Program for $500,000. These funds would be leveraged
matching funds from the $7.4 million in park and recreation bond projects approved by voters last
November. She said these funds would provide the $1 million in funding required for Phase I of
the State School Property Master Plan.
Mr. Noyola suggested that staff add a Youth Football field to the plan. Mr. Delgado said
staff could look at adding this component, but noted the main demand had been for soccer fields.
Mr_ Noyola spoke in support of the project.
In response to Mr. Kinnison's question, Ms. Gavlik replied staffwould know if the grant was
approved in September, and the grant would be received in January. Actual consmu:tion would
probably not take place until a year from now.
Mr. Garcia spoke ia support of the proposed master plan, saying it was ma~,niflcent.
Mayor Garrett spoke in support of Mr. Noyola's suggestion to Md a Youth Football field.
Mayor Garrett asked for public comment Mx. Abel Alonzo, 1701 Thames, asked a number
of questions including the administrative costs for the project and whether the public had been
involved in the plan development. The foregoing resolution was passed and approved with the
following vote:
25. RESOLUTION NO. 026304
Resolution approving the State School Property Master Plan; authori~i n g the City Manager
or his designee to submit a grant application to the Texas Parks and Wildlife Department in
the amount of $500,000 for planning, developing, and implementing the State School
Property Master Plan, with a City match of $500,000 in the Bond 2004 Fund and a total
project cost of $1,000,000.
The foregoing resolution was passed and approved with the following vote: Garrett, Cheaney,
Cooper, Gan:ia, Kelly, Kinninon, Marez, and Noyola, voting "Aye"; Scott was absent.
Mayor Oan aaked for a 10rief recess.
Minnt~ - Regular Council M~eting
June 14, 2005 - Page 17
Mayor Garrett opened discussion on Item 26 regarding the FY 2005-06 General Fund
proposed budget. City Manager Noe said the item was comprised of two parts. Item 26.a. was
related to a discussion on budget/finance processes and policies that was raised during the Council
Retreat. Item 26.b_ was an overview of the FY 2005-06 General Fund proposed budget.
Assistant City Manager Oscar Martinez reviewed a list of assumptions used in the five-year
forecast. He discussed the projected deficits that the city may see in FY 2007 ($3.1 million), FY
2008 ($5.4 million), FY 2009 ($5.2 million), and FY 2010 ($4.7 million). He also noted that the
city's revenues were susceptible to economic fluctuations.
A~sistant City Manager Marfinez discmqsed the highlights of the current financial policies
that Council had approved on May 17, 2005. He also discussed a list of possible process/policy
issues for Council consideration. Mx. Martinez also mentioned a team of city staffhad been assigned
to work with the Council and City Manager to develop recommendations, noting that other team
membel~ may be assigned as necessary. Mx. Noyola suggested that a member of the Engineering
Department be assigned to the team as well.
Regarding possible process/policy issues, Mx_ Kinnison proposed that the Council consider
adopting a policy to control the amount of revenue growth the city allowed in the general fund every
year. He was concerned that general fund expenditures were growing every year, so he would like
the city to limit revenues so the city's spending would be limited to this growth. He said he would
have preferred for the Council to have had this discussion two or three months ago, rather than now,
but still wanted to raise the issue.
Ma'. Noe stated staffwould have needed to receive tiffs guidance fi.om the Council last Fall
in order to hnplement it this budget year_ He said it was unfolBmale that the budget year (Augnst
1) and the election year (April) were not in sync, so it did not provide sufficient time to discuss
Council priorities for the first budget cycle after the election. He said it would be preferable to pha~e
in this policy over time.
IVlr. Chesney agreed with Mr. Noe that it would difficult to adopt Mr. Kinnison's suggestion
now. He thought it would be appropriate to discuss this policy change in the upcoming Fall. He was
concerned how ]imiting revenues would affect the city's budget in the long run.
IVh-. ginnison stated that sooner or later, the city would have to decrease its spending. He
said the Council discussed lowering taxes during the campaign season, yet was reluctant to make the
budget cuts necessary to make it a reality. He said health benefits were predicted to increase by 10
to 12 percent and lVlIS costs were estimated to increase by 12 percent. He felt the city could cut $1.5
million from the current budget without affecting primary services. Mr. Chesney and Mx. Garcia
expressed concern about asking staff to cut $1.5 million out of the budget at this time.
Mayor Garrett suggested that the Council schedule a Fall retreat to discuss the city's
budget/finance processes and policies.
Minutes - Regular Council Meeting
June 14, 2005 - Page 18
Mr. Noyola stated he did not want to see service delivery affected by any budget cuts.
Mr. Marez spoke in favor of changing the City Council elections to November instead of
April_
Mr. Kelly spoke in favor of a tax cut only if it was equal for all property tax payers across
the board. He commented that most of the calls he received were to increase city services, not
decrease them. He further stated he did not want to see an increase in the tax rate.
Mr. Chesney stated he would like staff to look at how the city could maintain or reduce the
tax rate for the next five years while still balancing the budget.
Mr. I(innlson commented that if the city was unwilling to affect employee salaries and
benefits, then they would not be able to cut the budget_ He noted that Council approved a police
contr~t including an increase to their TMRS contribution by one percent which then affected all city
employees. He said if the city were to drop this retirement plan contribution plan fi'om the budget,
then it would make a difference. He said he did not want to decrease service delivery; rather, he felt
there were ways to decrease expenditures without affecting service delivery_ He looked forward to
discussing the matter in a Fall retreat.
Mr. Martinez resumed his presentation, providing an overview of the FY 2005-06 general
fund budget. He first discussed general fund revenues. He said projected general fund revenues in
FY 2005-06 were estimated at $167,805,648, saying three quarters of this amount was comprised
of property taxes, sales taxes, and solid waste and fxanchise fees_ He said property taxes were
estimated at 2544 million in FY 2005 and $46.5 million in 2006. He reviewed graphs depicting the
historical net taxable values and tax rates. Mr. Martinez discussed the percent change in sales tax
collection. In FY 2005, sales tax revenues were estimated at $36.1 million and $37.6 million in FY
2006. Induslrial district revenues were estimated at $5_7 million in FY 2005 and $5.9 million in FY
2006_
Franchise fee revenues were predicted to decrease fi.om $16,087,449 in FY 2005 to
$16,070,729 in FY 2006. Mr. Kinaison asked what was driving the decrease. Mr. Noe and Mr.
Martinez said it was difficult to predict why it was decreasing, but their guess was that it due to
people switching to cell phones instead of land lines. Mr. Kinnison asked about fi-anchise fees for
those companies that offered bundled services (cable, phone, and intemet). Mr. Martinez replied that
those companies were not paying for internet and telephone services. This was an outstanding issue
that was being decided by the courts.
Mr. Martinez discussed solid waste revenues in detail, which involved the closing of the J.C.
Elliott landfill and the opening of the Cefe Valenzuela landfill. Mayor Gax~tt asked if the projects
were on schedule. Director of Solid Waste Services JeffKaplan replied affirmatively, saying the
Cefe Valenzuela land_fill would be ready to go in October 2006.
Mr. Martinez discussed municipal court revenues, saying the proposed FY 2006 revenues
were expected to be $5.3 million in FY 2006, a slight increase fxom FY 2005 estimates.
Minutes - Regular Council Meeting
June 14, 2005 - Page 19
Mr. Martinez covered the administrative charges revenues, noting they were estimated to
decrease by approximately $400,000 because of the merger of the Ambulance Fund into the General
Fund. FY 20005 revenues were $5.3 million and FY 2006 revenues were estimate at $4.8 million.
Mr. Martinez stated that public safety revenues were estimated to increase from $5.1 million
in FY 2005 to $8.8 million in FY 2006_ The increase was due to the merger of the Ambulance Fund
into the General Fund.
Finally, he discussed other revenues sources, saying they predicted to increase from $2.3
million in FY 2005 to $2.1 million in FY 2006.
Mr. Martinez then discussed General Fund expenditures, estimated at $167.8 million in FY
2006. He discussed the key issues and major strategies and priorities ia the following areas: general
government expenditures ($11.3 million); municipal court ($4.2 million); museum ($1.4 million);
fire ($34.3 million); police ($53.6 million); health ($4.1 million); library services ($3.5 million); park
and recreation ($14.9 million); street and solid waste services ($27.6 million); engineering services
($3.9 million); and neighbonhood services ($1.3 million)_
Mr. Martinez provided a summary of salary and fringe benefits for FY 2005-2006, totaling
$4.4 million dollars. He also reviewed a list of additional costs included in the FY 2006 General
Fund Budget, tohaling $10 million, and how these costs were reconciled.
Mr. Mal'finez discussed how the general fund unreserved budget has grown over time, ending
with an eslSmated $14.3 million in FY 2005.
Finally, Mr. Martinez reviewed the budget calendar as follows: June 21 - enterprise fund
discussion; June 28 - special revenue/internal services/debt service funds; July 12 - budget hearing;
July 19 -ftrst reading; and July 26 - second reading and adoption.
Mayor Garrett called for the City Managers report. City Manager Noe reported repair work
was scheduled on a water line on Clarkwood Road near Leopard Street and McNorton next Monday
at 8:00 a_m. He said next week's agenda included the following items: budget discussion; Crime
Control budget discussion; ordinance ordering the September 10 election on the smoking ordinance;
and discussion on coliseum reuse.
Mayor Garrett asked about the possibiLity of building on lots that were 25 x 100 feet in the
older neighborhoods in town_ He said current city ordinances prevented these lots from being built
on. City Manager Noe replied staffwould review this issue, saying other communities had worked
to combine lots into buildable lots rather tlma build substandard structures. Mr. Kelly commented
that he was also interested in making these lots more usable, but doubted where the city could
combine lots because of title requkements. He prefen'ed allowing the lots to be built on as is. Mr.
Noe said he would review the issue and report to the Council.
Mayor Garrett called for Council concerns and reports. Mr. Garcia thanked stafffor handling
Minutes - Regular Council Meeting
June 14, 2005 - Page 20
the problem with deer on Flour BluffDrive. He also asked how the city dealt with hiring contractors
after a hurricane had hit the city. Assistant City Manager Ron Massey said the city would investigate
problems with any contxactors. Mr. Noe added the city would put a contract in place to assist the
city in address debris removal and street clearing. He said the city was looking at making changes
to approve a large number of building pemfits after a hurricane_
Mr. Kelly stated Mr. Jaime Lopez with the Street and Solid Waste Department was proponent
of recycling, and he wished to speak with the City Manager about some funds he had received ~om
Wal-Mart to purchase signage to promote recycling_ Mr. Noe said staffwould speak with him today.
Mr. Marez thanked staffand the Council for participating in the town hall meeting last week.
He assured the public that staff did follow up on the issues raised at the meeting.
Mr_ Noyola announced that Mr. Jesse Olivarez with Coca-Cola was inviting the Council to
attend the Corpu~ Christi Hooks game this Thursday night. Mr. Noe noted that thi~ game was being
regionally televised_
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:53 p.m. on June 14, 2005.
2
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Bmnce-Krachy Co.,
Inc. Houston. Texas. for approximately 402 magnesium anodes in accordance with Bid
Invitation No. B1-0108-05 based on Iow total bid for an estimated semi-am~ual expenditure of
$53582.30 oFwhich $8.810.34 is budgeted in I:Y 04/05. The teml of the supply agreement will
bc for six months with an option to extend lbr tip to four additioual six-month periods subject to
the approval of the supplier anti thc City Manager ur bis designee. Funds have been reqncsted by
Gas Departlnem lbr FY 05/06.
Purpose:
The magnesmm anodes are used by the Gas Department for
cathodic protection of gas lines.
Previous Contracl:
The option to extend the current contract was not exercised due
to the vendor's inability to maintain current pricing.
Bid Invitations Issued:
Bid Invitations Received:
Price Analysis:
Il
2
Pricing has increased 9% since the last contract of May 2004.
I'he vendor stales the increase is due to the rising cost of raw
material and transportation.
Basis of Award:
Funding:
kow Total Bid: Mesa Products, Inc. submitted the low bid for
item 2 at $57 00 for a total of $171 00. Brance-Krachy Co.,
Inc. submitted the second low bid at $61.10 for a total of
$186.30. The price difference of $15.30 does not justify
awarding and administering two separate contracts.
(;-as Depm~ment
4130-34130-520130
$8,810.34
Procurement & Gen{
al Services Manager
BID INVITATION NO.: BI-0108-05
MAGNESIUM ANODES
BUYER: Maria Garza
Date: 6/01/05
ITEM DESCRIPTION
MAGNESIUM
ANODES
I 48 LB.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
BRANCE-KRACHY CO., INC. MESA PRODUCTS, INC.
HOUSTON, TX HOUSTON,TX
UNIT TOTAL UNIT TOTAL
QTY UNIT PRICE PRICE PRICE PRICE
400 EA $133.49 $53,396.00 $142.44 $56,976.00
2 17 LB.
3 EA 62.10 186.30 57.00 171.00
TOTAL: ~ $57,147.00
3
AGENDA MEMORANDUM
DATE: June 21, 2005
SUBJECT: Corpus Christi Public Library Interlibrary Loan amendment to contract
#771-05040 for state fiscal year 2004-2005
AGENDAITEMS:
a) Resolution authorizing the City Manager or his designee to accept an amendment for
a grant increase in the amount of $6,190 to contract #771-05040 with the Texas State
Library and Archives Commission for the purchase of a new photocopier and
networked printer for the Interlibrary Loan Center. The new contract total is
$148,708.
b) Ordinance appropriating an additional $6,190 in an amendment to contract #771-
05040 from the Texas State Library and Archives Commission in the no. 1068
Library Grants Fund for the purchase of a new photocopier and networked printer for
the Interlibrary Loan Center; and declaring an emergency
ISSUE:
The Texas State Library and Archives Commission designates and funds ten regional
lnterlibrary Loan Centers in Texas each fiscal year. Corpus Christi Public Library has
been the Interlibrary Loan Center for the South Texas Library System since 1971-72 and
continues to be so designated in the state fiscal year 2004-2005.
Each of these lnterlibrary Loan Centers (ILC) provides interlibrary loan and referral
services for any public, special or academic library in the ILC's geographic service area
which is designated by the Texas State Library and Archives Commission. ILCs promote
and facilitate the lending and borrowing of library materials among libraries tkrough
Texas and the United States
Additional funds were requested from the state to purchase equipment for the Interlibary
Loan office. The new contract total is $149,708.
PREVIOUS COUNCIL ACTION:
Contract #771-05040 was originally approved by Council on September 14, 2004.
Resolution No. 025945. Ordinance No. 025946.
REQUIRED COUNCIL ACTION:
Appropriation of fiends require City Council Approval.
SUBJECT: Corpus Christi Public Library Interlibrary Loan Amendment to contract
#771-05040 for state fiscal year 2004-2005
Page Two
RECOMMENDATION:
Staff recommends acceptance of grant and appropriation of funds.
Herb Canales
Director of Libraries
RESOLUTION
AUTHORIZING THE cl'rY MANAGER OR DESIGNEE TO ACCEPT AN
AMENDMENT FOR A GRANT INCREASE IN THE AMOUNT OF $6,'190
TO CONTRACT NO. 771-05040 WITH THE TEXAS STATE LIBRARY
AND ARCHIVES COMMISSION FOR THE PURCHASE OF A NEW
PHOTOCOPIER AND NETWORKED PRINTER FOR THE
INTERLIBRARY LOAN CENTER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or designee is authorized to accept an amendment
for a grant increase in the amount of $6,190 to contract No. 771-05040 with the Texas
State Library and Archives Commission for the purchase of a new photocopier and
networked printer for the Interlibrary Loan Center.
ATFEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 21~t day of June, 2005.
Veron~ Oca~as
Assistant City Attorney
for City Attomey
Henry Garrett
Mayor
6.21.05 LIB AmendmenlforGrantlncmaseResol~lon.doc
Corpus Chdsti, Texas
day of
,2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
JetTy Garcia
Bill Kelly
Rex A. Klnnison
John E. Marez
Jesse Noyola
Mark Scott
H:'J-EG~)lR~izabelh\Depl Flles~EH Resolu§ons~EHres155.doc
ORDINANCE
APPROPRIATING AN ADDITIONAL AMOUNT OF $6,190 IN AN
AMENDMENT TO CONTRACT NO. 771-05040 FROM THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION IN THE NO. 1068
LIBRARY GRANTS FUND FOR THE PURCHASE OF A NEW'
PHOTOCOPIER AND NETWORKED PRINTER FOR THE
INTERLIBRARY LOAN CENTER; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a grant in the amount of $6,190 in an amendment to contract # 771-
05040 from the Texas State Library and Archives Commission is appropriated in the No.
1068 Library Grants Fund for the purchase of a new photocopier and networked printer
for the Interlibrary Loan Center; and declaring an emergency.
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 21s~ day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
AP~PROVED.: This 2A1sL day of June, 2005:
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
6.21 05 LIB .App Oral am[ of $6,190 ILL.d~c
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,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
4
AGENDA MEMORANDUM
City Council Action Date: June 21, 2005
SUBJECT: Mary Rhodes Pipeline Corrosion Protection, Phase 2 (Project No. 8529)
AMENDMENT NO. 5
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute
Amendment No. 5 to the contract for professional services with Russell Corrosion
Consultants Inc. in the amount of $64,926 for a total re-stated fee of $299,650.40 for the
Mary Rhodes Pipeline Corrosion Protection, Phase 2.
I~SI)E: The 2005 monitoring survey includes fifty-one (51) CMS 6 (anode) test stations
and four (4) test stations for the steel piping crossing the Guadalupe River and Victoria
Barge Canal. The follow-up testing includes the corrosion engineering services
recommended in the Baseline Corrosion Survey Report dated September 15, 2004. The
purpose of the follow-up survey is to obtain the field data identified in Sections 3.2, 3.3, 3.4,
3.5, and 3.6 of the baseline report. The total number of test stations is two hundred fifty
(250).
FUNDING: Funds for this project are available in the Lake Texana to Corpus Christi Water
Pipeline Project.
RECOMMENDATION: Staff recommends approval of the motion as presented.
ices
scobar, P.E.
Director of Engineering Services
Additional Supl3ort Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit"C" Location Map
AGENDA BACKGROUNDINFORMATION
SUBJECT: Mary RhodesPipelineCorrosionProtection, Phase2(ProjectNo. 8529)
AMENDMENT NO. 5
PRIOR COUNCIL ACTION:
1. October 9, 2001 - Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $312,000 with King-Isles Inc. for cathodic
corrosion protection for the Mary Rhodes (Lake Texana) Pipeline. (Motion No. 2001-374)
2. ADd115, 2003 - Motion authorizing the Acting City Manager or his designee to execute
Amendment No. 2 to the consultant contract with Russell Corrosion Consultants Inc. of
Simpsonville, Maryland, in the amount of $73,593.40 for the Mary Rhodes (Lake
Texana) Pipeline. (Motion No. M2003-145)
3. Mav 24, 2005 - Motion authorizing the City Manager or his designee to execute
Amendment No. 4 to the contract for professional services with Russell Corrosion
Consultants Inc_ in the amount of $136,182 for a total re-stated fee of $234,724.40
the Padre/Mustang Island Water Crossings Cathodic Protection/Leopard Street Water
Transmission Mains Cathodic Protection. (Motion No. 2005-159)
PRIOR ADMINISTRATIVE ACTION:
1. ADdl 16, 2001 - Approval of Small Agreement for Architect/Engineer Consultant
Services in the amount of $14,985 with Russell Corrosion Consultants Inc. for the
Mary Rhodes (Lake Texana) Pipeline Corrosion Protection.
2. Au(lust 3, 2001 - Approval of a small agreement for right-of-way services acquisition in
the amount of $14,950 to Right of Way & Title Services, L.L.C. for the Mary Rhodes
(Lake Texana) Pipeline Corrosion Protection.
3. December 10, 2001 - Approval of Amendment No. 1 to the Small Agreement for
Architect/Engineer Consultant Services in the amount of $9,964, for a total re-stated
fee of $24,949, with Russell Corrosion Consultants Inc. for the Mary Rhodes (Lake
Texana) Pipeline Corrosion Protection.
4. December 4, 2003 - Approval of Amendment No. 3 to the Small Agreement for
Architect/Engineer Consultant Services in the amount of $-0- for a total re-stated fee
not to exceed $98,542.40 with Russell Corrosion Consultants Inc. for the Mary Rhodes
(Lake Texana) Pipeline Corrosion Protection.
PROJECT BACKGROUND: After the 64-inch Mary Rhodes Pipeline was constructed, a
corrosion survey was performed at foreign pipeline crossings along the 105 miles of
pipeline. Fifty (50) sites required stray electric current mitigation to reduce the corrosive
influence of adjacent and crossing pipelines. This project is complete and it will extend the
life expectancy of this vital pipeline.
Russell Corrosion Consultants (RCC) designed the fifty (50) stray current mitigation
stations to offset the electrical current being imposed by other intersecting pipelines.
These stations will be monitored as required, and measurements from the test stations will
be gauged to ensure the effectiveness of the systems in use, and prolong the durability
and life expectancy of the pipeline.
EXHIBIT "A"
Page 1 of 2
AMENDMENT NO. 5: The 2005 monitoring survey includes fifty-one (51) CMS 6 (anode)
test stations and four (4) test s~ations for the steel piping crossing the Guadalupe River and
Victoria Barge Canal. The Iollow-up testing includes the corrosion engineering services
recommended in the Baseline Corrosion Survey Report dated September 15, 2004. The
purpose of the follow-up survey is to obtain the field data identified in Sections 3.2, 3.3, 3.4,
3.5, and 3.6 of the baseline report. The total number of test stations is two hundred fift~
(250).
The following is the scope of work for the 2005 monitoring and follow-up survey:
1. Attend a project kick-off meeting to discuss the plan of action and overall project
schedule.
2. Evaluate elevated (greater than 0.50 volt) pipe-to-earth potentials at 235 test stations
utilizing a digital, high impedance voltmeter and portable copper/copper sulfate
reference electrode.
3. Evaluate electrical continuity on the piping at the twelve (12) CMS 1 (line current) test
stations identified in Section 3.5 of RCC's report dated September 15, 2004.
4. Evaluate current flow on the piping at the eleven (11 ) CMS 1 (line current) test stations
identified in Section 3.4 of RCC's report dated September 15, 2004.
5. Evaluate the effectiveness of the cathodic protection for the two (2) steel water
crossings.
6. Measure pipe-to-earth potentials on each of the test wires in the two (2) test stations
that were repaired since the baseline survey was conducted. Measure pipe-to-earth
potentials on each of the test wires in the three (3) additional test stations that were
repaired in September 2004.
7. Analyze field data and prepare a preliminary engineering report that includes field
data, conclusions, and pertinent, detailed recommendations with cost estimates with
respect to future testing and modifications to the corrosion control system as required
In specific areas.
8. Attend a meeting with the City of Corpus Christi to discuss the preliminary report.
9. Prepare a final report that incorporates comments from the City.
FUNDING: Funds for this project are available in the Lake Texana to Corpus Christi Water
Pipeline Project.
EXHIBIT "A" [
Page 2 of 2
CONTRACT SUMMARY
1. SCOPE OF PROJECT: Mary Rhodes Pipeline Corrosion Protection, Phase 2
(Project No. 8529)
The 2005 monitoring survey includes fifty-one (51) CMS 6 (anode) test stations and four (4)
test stations for the steel piping crossing the Guadalupe River and Victoria Barge Canal. The
i~ollow-up testing includes the corrosion engineering services recommended in the Baseline
Corrosion Survey Report dated September 15, 2004. The purpose of the follow-up survey is to
obtain the field data identified in Sections 3.2, 3.3, 3.4, 3.5, and 3.6 of the baseline report. The
total number of test stations is two hundred fifty (250).
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, A/E will
provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A" to
complete the project.
3. SCHEDULE
DAY
Thursday
Monday
Friday
Monday
Tuesday
DATE
June 30, 2005
July 11,2005
October 14, 2005
October 31,2005
November 15, 2005
ACTIVITY
Notice to Proceed
Start Field Survey
Submit Preliminary Report
City Review
Submit Final Report
4. FEES
I ORIGINAL AMD. AMD.
CONTRACT NO. I NO. 2
BASIC SERVICES
1 Preliminary Phase $5,994.00 $0 $73,593.40
2 D~sl~n Phase 7,492.50 0 0
3 Bid Phase 0 0 0
4 C,(msffuclon Phase 1,498.50 9,~4.00 0
Sub-toL~l Bseic Ser~ces 14,985.00 9,964.00 73,593.40
ADDITIONAL SERVICES
1 Pen'nit Preparation TBD 0 0
2 To~:)ographic Survey TBD 0 0
3 Environmental Issues TBD 0 0
4 Construction O~)servation TBD 0 0
S Warranty Phase TBD 0 0
HydroexoavaUon
6 Exploratory Se~ces TBD 0 0
7 Acceptance TesUn~ TBD 0 0
Sub-tolal Additional Services 0 0 0
TOTAL AUTHORIZED FEE $14,985.00 $9,964.00 $73,593.40
AMD. AMD. AMD. REVlSED
NO. 3 NO. 4 NO. 5 FEE
S0 $(3{ $64,926.00 $144,513.40
0 83,130.00 0 90,622.50
0 5,410.00 O~ 5,410.00
0 14,642.00 0II 2611CH.50
0 103,192.00~ 64,926.00 268,650.40
0 0 0 0
o o~ o 0
o o~ (~ o
o o~ o o
0 0 0 0
o o~ o o
$0 $136,182.00 $64,926.00 $299,650.40
EXHIBIT "B"
Page1 of 1
'~Mproj¢cl~courlcdexhlbds~e.~h8529 g~,g
N
LAKE
TE×ANA
CHOKE CANYON RESERVOIR
THREE
RIVERS
GEORGE WEST
LAKE
CORaUS
CHR STI
WESLEY SEALE DAM/
59
/
/
-- BLOOMINGTON
59
SEADRIFT
PUMP STATION NO. 2
MATHIS
7~
PUMP STATION NO. 1
MARY RHODES
PIPELINE
WOODSBORO
co NUECES --
c~ RIVER
SALTWATER BARRIER DAM
ON
WATER PLANT
CORPUS
CHRISTI
CITY PROJECT NO. 8529
LOCATION MAP
Not To Sc(:te
EXHIBIT 'C'
MARY RHODES PIPELINE CORROSION
PROTECTION, PHASE 2
CITY COUNCIL EXHIBIT
CITY' OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERV1CES
PAGE: 1 of 1
DATE: 06-06-2005
5
AGENDA MEMORANDUM
DATE: June 21, 2005
SUBJECT: Texas Bayball Ballyhoop Tournament
AGENDA ITEM: Motion approving the application from The American Bank Center, in
association with Special Olympics Texas, to temporarily close the following street section
for the Texas Bayball Ballyhoop Tournament.
The northernmost end of Shoreline Boulevard, directly east of the Convention
Center, beginning at the intersection of Fitzgerald Street and Shoreline Boulevard
northward, beginning at 6:00 a.m., Thursday, July 28, 2005 until 6:00 am, Monday,
August 1, 2005.
ISSUE: The American Bank Center, in association with Special Olympics Texas will require
the temporary closure of sections of Shoreline Boulevard and this requires Council
approval. Section 49-17(a) of [he City Code of Ordinances, requires, as a condition of
the street closure, that all events shall be open to the public and admission shall be free.
REQUIRED COUNCIL ACTION: Street closing permits for large public events require City
Council approval.
PREVIOUS COUNCIL ACTION: None
FUNDING: N/A
RECOMMENDATION: Approval of the motion as presented.
An~l ~. Escobar, P.E.
Director of Engineering Services
Additional Support Material 1. Exhibit"A" Background Information
2. Exhibit "B" Site Map
3. Exhibit "C" Letter from American Bank Center
4. Exhibit "D" Traffic Control Plan
BACKGROUNDINFORMATION
Background:
The American Bank Center, in association with Special Olympics Texas, will host the
Texas Bayball Ballyhoop tournament, July 29 through August 1,2005. This event will be
a fundraiser in support of the Special Olympics/South Texas-Area 2, and consists of
numerous three-person basketball teams competing for prizes.
All other adjacent businesses and operations have been notified and will not be negatively
affected this closure. All barricades, booths, and equipment will be removed no later
than 6:00 a.m., Monday, August 1,2005, returning the street to its original condition. All
courts will be marked with temporary paint, easily removable by water.
In the past, the Tournament has been held in shopping mall or the Memorial Coliseum
parking lots. This will be the first time the event is held on a public right-of-way.
EXHTBTF "A'
Pa~e I of 1
__I
(D
0
,/
CS)
CS)
cs)
EXHTB['r ~'B'
Page ! of 1
Ameri C E N T E R
arena I convention center I selena auditorium
May 19, 2005
George C. Noe, City Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78401
Re: Street Closure
Dear Skip:
The American Bank Center, in association with Special Olympics Texas, will be hosting
the Texas Bayball Ballyhoop Tournament from July 29 - July 31 2005, at the American
Bank Center. We would like to hold this event on the northernmost end of Shoreline
Blvd, directly east of the Convention Center, beginning at the intersection of Fitzgerald
and Shoreline northward.
This fundraiser is in support of Special Olympics Texas/South Texas-Area 2, and consists
of numerous three-person basketball teams competing for prizes. All proceeds will
benefit Special Olympic Texas - Area 2. In the past, over 500 teams have been featured
in the tournaments, as well as celebrity games and slam-dunk contests. No other events
will be occurring within the area of the venue which would conflict with the event.
We request the closure of the northernmost end of Shoreline Blvd, from the intersection
of Fitzgerald northward, beginning at 6:00 AM July 28, 2005 until 6:00 AM 1 Aug, 2005.
No other businesses or operations will be negatively affected by this closure. All
barricades, booths, and equipment will be removed no later than 6 AM, returning the
street to it's original condition. All courts will be marked with temporary paint, easily
removable by water.
Please advise as to what additional steps we need to take to insure compliance with any
traffic or city codes on the closure of this segment of Shoreline Blvd.
iVl~rL,-Solis~~-
General Manager
Copy to:
Margie Rose, Assistant City Manager
361.926.4100 [ fax 361-893 07BB J www.americanbankcenter, com
P.O. Box 23040 I 1901 N, Shoreline Blvd,Ste. 100 I Corpus Christi, TX 78403-3040
EXHIBIT "C'
Pa(~e I of 1
f-I
II
iJ
EXHIBIT
Page :1. of
6
AGENDA MEMORANDUM
ClW Council Action Date: June 21,2005
SUBJECT: Southside Water Transmission Main, Phases 4 & 4A (8390 & 8425)
CHANGE ORDER NO. I
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change
Order No. 1 to the construction contract with Laughlin-Thyssen, Inc. in the amount of
$41,703.56 for the Southside Transmission Water Main, Phases 4 & 4A.
ISSUE: The award of the construction contract of the Southside Water Transmission Main
from the terminus of Phase Three (Staples Street Pumping Plant) to the intersection of
Rodd Field Road and Yorktown was approved by the City Council on July 13, 2004.
FUNDING: Funds for this project are available in the Water Commercial Paper Fund.
R ~.COMMEND~TION: Staff recommends approval of the motion as presented.
Eduardo Gara~a, P.E. Escobar, P.E.
Director of Water Services /Director of Engineering Services
Additional Supl:~ort Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit"C' Prior Action (Council and Administrative)
Exhibit"D" Location Map
AGENDA BACKGROUNDINFORMA~ON
SUBJECT: Southside WaterTransmissionMain, Phases4&4A(8390& 5425)
CHANGE ORDER NO. 1
PRIOR COUNCIL AND ADMINISTRATIVE ACTION: See EXHIBIT "C"
PROJECT BACKGROUND:
The Council-approved 1997 Water Distribution System Master Plan Update recommended
a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant
(ONSWTP) to a new pumping plant (Staples Street Pumping Plant) to alleviate inadequate
water supply and pressure problems experienced dudng peak demand pedods in Pressure
Zone 2, the area essentially southeast of Everhart Road. The new transmission main
would substantially increase the hydraulic capacity of the delivery system from the
ONSWTP to southeast Corpus Christi and eventually to Padre Island.
PHASE 1: On June 16, 1998, Council awarded an engineering services contract to
Urban Engineering for the Southside Water Transmission Main Project - Phase 1 from
the ON Stevens Water Treatment Plant to Clarkwood Road. Council awarded a
construction contract for this phase of the project to Pate & Pate Construction on
December 12, 2000. The construction project for the Southside Transmission Main
Phase 1 from O.N. Stevens Water Treatment Plant to Clarkwood Road was completed
and put into service in May, 2002.
PHASE 2, 2A and 3: On April 24, 2002, Council awarded an engineering contract to
Urban Engineering for the Southside Water Transmission Main Phases 2, 2A & 3 from
the intersection of Saratoga Boulevard and County Road 54 to the Staples Street
Pumping Plant, including a connection to the existing 42" Holly Road main. On
January 14, 2003, a construction contract was awarded to Gamey Companies, Ltd. of
Kansas City, Missouri, for $15,8-!.-!. ,698.58 for the Southside Water Transmission Main,
Phases 2, 2A & 3. Work has been completed for this phase of the project.
PHASE 4, 4A and 5: This project will be constructed in phases with Phases 4 and 4A
being constructed together and Phase 5 constructed separately to expedite completion
of both contracts. A design contract was awarded December 17, 2002 to Urban
Engineering in the amount of $1,824,742 for the Southside Water Transmission Main,
Phases 4, 4A, and 5. As part of that contract, Council authorized the permitting and
design of a water line from the South Staples Street Pump Station to Flour Bluff,
terminating in the vicinity o1: Yorktown Boulevard and Laguna Shores Road. A
significant portion of this line's capacity would go toward feeding a new pipeline to
Padre and Mustang Islands.
Phase 4 of the transmission main begins at the end of an existing 42" diameter water
main close to the intersection of South Oso Parkway and Staples Street. (FM 2444).
The existing 42' diameter main is located along Staples Street and is connected to the
existing Staples Street Pump Station. Phase 4 is approx. 20,950 feet long and runs
from Staples Street southward to the back of King Estates and then turns east and
EXHIBIT "A"
Page 1 of 3
crosses the Oso Creek by directional drilling. Phase 4 continues across City property
north of and parallel to Oso Creek until it reaches Rodd Field Road ROW and then
tums north where it ends at the Rodd Field Road and Yorktown Boulevard intersection.
Phase 4A is approximately 14,200 feet long and begins at the end of Phase 4 at the
Rodd Field Road and Yorktown Boulevard intersection. Phase 4A continues northward
along Rodd Field Road until it reaches Holly Road where it is connected to the existing
30' diameter waterline located in Holly Road. Fittings will be provided at the end of
Phase 4, beginning ol Phase 4A (Rodd Field Road and Yorktown Boulevard) for
connection to Phase 5 (to be constructed in the near future).
Phase 5 will be located along Yorktown Boulevard from Rodd Field Road to Laguna
Shores Road.
PHASE 6 end 7: Padre Island currently receives its water via a 24" pipeline installed in
1969. The final segments of this project will begin at Laguna Shores Drive (end of
Phase 5) and extend a water main across the Laguna Madre to Padre Island and the
intersection of Whitecap Boulevard and the Padre Island Pumping Plant.
CHANGE ORDER DESCRIPTION:
Items Al, B1 and B2 - The polyethylene (PE) wrap was deleted and a chemical bond
breaker was substituted for use as bond breaker between the concrete pipe and cement
stabilized sand in lieu of the PE wrap from Station 113+00 to Station 255+00.
Items A2, A3, A8 and A9 - Full circumferential welds were added as an added safety
feature to ensure joint integrity.
Items A4, A5 and B6 - The design of SPA 30 (a proposed master plan sanitary sewer
project) was on-going throughout the design phase of the Southside Water Transmission
Main Phases 4 and 4A (SSTM). To accommodate SPA 30 design changes that were
implemented after the SSTM bid, a 42" casing pipe was added at Station 233+00 and at
Station 243+90; 22.5 degree bends were added at Station 232+90 and at Station 232+95;
and 0.1 to 5.0 bevels were deleted at Station 233+00 and at Station 233+43.
Items A6, B7 and B8 - In order to discharge to the surface water drainage points, some of
the blow off valves (BOV) were redesigned using a similar design to the BOV's used on the
Lake Texana Pipeline.
Item A7 - TCEQ required that a water sampling station be added at the intersection of
Rodd Field Road and Yorktown Boulevard to facilitate water sampling for bacteriological
and chlorine residual testing.
Items B3 and B4 -These casings were deleted from the project scope because the layout
of the sanitary sewers servicing Rodd Village changed and the casings were no longer
required at these locations.
Item B5 - More up-to-date sanitary sewer master plan information was acquired after the
project bid. It was also determined that a drop would be required at Station 274+50 to go
EXHIBIT "A"
Page 2 ol: 3
under a proposed future drainage structure. The drop at Station 272+00 was moved to
Station 274+50 and the associated 48" casing pipe was deleted since it was no longer
required.
Additional Water Line - A 12" water line will be extended from the existing 12" water line
on Yorktown Boulevard to service the Rodd Field Industrial Park.
Total of Items to be added:
Total of items to be deducted:
Total addition to the contract:
$85,365.20
$127,230.00
$41,703.56
CONTRACT TERMS: This change order will require an additional 45 calendar days.
EXHIBIT "A"
Page 3 of 3
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
June 21, 2005
PROJECT: Southside Water Transmission Main, Phases 4 & 4A (8390 & 8425)
APPROVED: City Council on 07/13/04 - Motion No. 2004-258
CONTRACTOR: Laughiin-Thyssen Inc.
1320 Boyles Street
Houston, TX 77020
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No. I (06/21/05) .....................
Total ...............................................................
$7,139,820.00
1,784,955.00
41,703.56
41,703.56 = 0.58% < 25%
H:¥-IONIE--~=lac/~eHe~Er~Water~)N Stevens'.~390 & 8425'~Change Onder Summa~/.doc
EXHIBIT "B"
Page 1 of 1
AGENDA MEMORANDUM
PRIOR ACTION
SUBJECT: Southside Water Transmission Main
PRIOR COUNCIL ACTION:
1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan. (M97-246)
2. September 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan. (Ordinance No. 023050)
3. June 16.1998 - Award of an engineering services contract in the amount of $706,140
to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to
Clarkwood Road. (M98-208)
4. September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65
with Tdnity Engineering Co. for testing services for Southside Transmission Main -
O.N. Stevens Plant to Clarkwood Road. (M98-328)
5. September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to
the contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main - Stevens Plant to Clarkwood Road project to
include the Staples Street Pumping Plant - New Pumping Plant and Storage
Reservoir. (M98-327)
6. March 23. 1999 - Approval of site selection and authorization to proceed with
acquisition. (M99-078)
7. March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of
the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42' Southside Transmission Main from the proposed Staples Street Pumping
Plant to Yorktown Road. (Ord. No. 023592)
8. March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for the
Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples
Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related
additional engineering services I~or a 42-inch waterline from the new pumping plant at
South Staples and County Road 43 to the existing 16-inch waterline near Country
Creek. (M99-079)
9. Mav 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2. (M99-142)
10. May 25.1999 - Approval of condemnation proceedings for Parcel No. 1. (Resolution
No. 023645)
11. June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir. (M99-189)
12. September 28, 1999 - Award of construction contract to Gamey Company, Inc. for 42"
Waterline from New Pumping Plant at So. Staples and County Road 43 to existing
16" Waterline Near Country Creek for Staples Street Pumping Plant, Contract 4.
(M99-342)
13. October 19, 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work. (M99-361)
EXHIBIT "C"
Page 1 of 3
14. April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project.
(M2000-106)
15. April 18, 2000 -Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road
project. (Resolution No. 024014)
16. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project.
(Resolution No. 024213)
17. September 19, 2000 - Approval of acquisition ol~ Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project. (M2000-332)
18. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a tee not to exceed $8,605,411.
(M2000-434)
19. December 12, 2000 - Award of a testing agreement with Tdnity Engineering for
testing ol' the new 60" waterline in connection with the Southside Transmission Main -
Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (M2000-
435)
20. February 13, 2001 -Approval of acquisition of Parcels No. 31a and 31 b for $28,291 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road
project. (M2000-060)
21. Apdl 17. 2001 - Motion authorizing the payment o[ the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south of
Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main
project, Phase 1 -O.N. Stevens Plant to Clarkwood. (M2001-139)
22. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute an
engineering services contract in the amount of $1,247,003.00 with Urban Engineering
for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162)
23. June 25, 2002 - Approval of Amendment No. 1 in the amount of $454,125 to the
contract with Urban Engineering for the Southside Water Transmission Main, Phases
2, 2a & 3 and the Southside Gas Transmission Main, Part B & C to outsource the
land negotiation and acquisition process to acquire the remaining 54 utility easement
parcels for both the Southside Water and Gas Transmission Mains. (M2002-180)
24. December 17, 2002 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $1,824,742.00 with Urban
Engineering for Southside Transmission Main, Phases 4, 4a & 5. (M2002-419)
25. March 30.2004 - Motion authorizing the City Manager, or his designee, to execute an
amendment to an engineering services contract in the amount of $615,245 with
Urban Engineering for Southside Transmission Main, Phase 6 - Laguna Madre
Pipeline Crossing Permitting. (2004-131)
26. July 13, 2004 - Motion authorizing the City Manager, or his designee, to execute a
construction contract with Laughlin-Thyssen Inc. of Houston, Texas, in the amount of
$7,139,820 for the Southside Water Transmission Main, Phases 4 and 4A. (2004-
27.
258)
March 29, 2005 - Approving the FY 2005 Capital
$178,074,800. (Ordinance No. 026188)
Budget in the amount of
EXHIBIT "C"
Page 2 ol 3
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 (RFC)) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
EXHIBIT "C"
Page 3 ol= 3
7
AGENDA MEMORANDUM
June 21,2005
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement with
D & J Land Company, developer of Padre / Interstate 37 Business Park Unit
2, Lots 1,2 & 3, Block 1 located south of Interstate Highway 37 and west of
Lantana Street in the amount of $138,827.05 for on-site public improvements
including street pavement, curb, gutter and sidewalks, storm sewer lines and
water mains to serve Padre / Interstate 37 Business Park Unit 2, Lots 1,2 &
3, Block 1, in accordance with the Platting Ordinance Section V-Required
Improvements Subsection A.3b)o
ISSUE: Mr. Eugene C. Urban, P.E., with Urban Engineering on behalf of D & J Land
Company developer of Padre / Interstate 37 Business Park Unit 2, Lots 1,2 & 3, Block 1
submitted Deferment Agreement documentation to defer the construction of on-site public
improvements for Padre Interstate 37 Business Park Unit 2, Lots 1,2 & 3, Block
1 subdivision including street pavement, curb, gutter and sidewalks, storm sewer lines and
water mains in accordance with the 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 [3 & J Land Company (Developer).
CONDITION: Developer must post a cash bond 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.
'~A.I.C.P.
Director of Development Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Exhibit D
Background Information
Area Map
Public Improvements
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND iNFORMATION
BACKGROUND: The platting and development time schedule of Padre / interstate 37
Business Park Unit 2, Lots 1, 2 & 3, Block 1 required the construction of on-site public
improvements including the construction of street pavement, curb, gutter and sidewalks,
storm sewer lines and water mains.
Mr. Eugene C. Urban, P.E. with Urban Engineering on behalf of D & J Land Company,
developer of Padre /Interstate 37 Business Park Unit 2, Lots 1,2 & 3, Block 1, 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 on its June 15, 2005
recommended the execution of the Deferment Agreement and found reasonable cause to
delay the 75% requirement to expedite the recordation of the plat.
A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and D & J Land
Company, allows the developer to defer the construction of required on-site public
improvements for a period of approximately one (1) year from the date the Deferment
Agreement is signed and approved. The deferment of said public improvements will allow
the Developer to expedite the recording of the plat and obtain Building Permits.
The developer has agreed to submit to the City an irrevocable letter of credit in the amount
of $138,827.05 or 110% of the estimated cost of constructing the required improvements,
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 Agreement_
RECOMMENDATION: Staff recommends approval of the motion as presented.
Exhibit A
Page' l'~)f 1
i--g
3AI~JO <3 N~SI 3,~l(3'dd ~Lb~ON
/ ~-
EXHIBIT B
115
EXHIBIT
DEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus Chdsty, Texas ("City") and D
& J Land Company ("Developer"), and pertains to deferral of the improvements required
prior to filing the final plat of Padre / Interstate 37 Business Park Unit 2, Lots 1,2 & 3,
Block 1, which was approved by Planning Commission on June 1,2005, 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
improvements, before the final plat is endorsed by the City's Director of Engineering;
and
WHEREAS, the Developer is seeking to defer the construction of the required public
improvements, including construction of street pavement, curb, gutter and sidewalks,
storm sewer lines and water mains, ("Deferred Improvements"), as required by the
City's Platting Ordinances, as shown on Exhibit 2, copies of the proposed engineering
construction drawings, which are attached to and incorporated into this Agreement; and
WHEREAS, the Developer is seeking to have the plat filed with the County Clerk of
Nueces County, Texas, before completion of seventy-five percent (75%) of the required
improvements as required by section Ill, Paragraph H, Subparagraph 5, of the Platting
Ordinance; and
WHEREAS, the Developer will deposit an irrevocable letter of credit in the amount of
one hundred thirty-eight thousand, eight hundred and twenty seven dollars and five
cents, ($138,827.05) representing 110% o[ the estimated cost of constructing the
Deferred Improvements, as shown on the attached cost estimate, which is attached and
incorporated as Exhibit 3, with the CITY OF CORPUS CHRISTI; and
WHEREAS, the City Attorney and Director of Finance have approved this transaction;
and
WHEREAS, the Developer has satisfied all other subdivision requirements, park
dedications, park dedication deferment agreements, and maintenance agreements and
all special covenants have been completed; and
WHEREAS, the Developer is entering into this Deferral Agreement as required by
Section V, Paragraph A, Subparagraph 3.(6) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
The City agrees to waive the requirement that Deferred Improvements be 75%
completed before the subdivision is accepted by the City's Director of
Deferment AgreemenLdoc
EXHIBIT D
Engineering and further agrees to allow the Developer to defer the completion of
the construction of street pavement, curb, gutter and sidewalks, storm sewer
lines and water mains, referred to in this Agreement as the "Deferred
Improvements"), as shown in Exhibit 2,
The Developer agrees to construct the De[erred Improvements, including
construction of street pavement, curb, gutter and sidewalks, storm sewer lines
and water mains, in accordance with the City's engineering standards in effect at
the time of construction.
The Developer agrees to submit the sum of one hundred thirty-eight thousand,
eight hundred and twenty seven dollars and five cents, ($138,827.05)deposit, in
the form of an irrevocable letter ot credit issued by Wells Fargo Bank, 615 Upper
N. Broadway for 110% of the estimated cost of constructing the Deferred
Improvements, as shown in Exhibit 3, which is attached to and incorporated into
this agreement, with the City of Corpus Chdsti on or before the plat is filed with
the County Clerk, and if the deposit is not made this Agreement shall become
null and void.
Upon completion of the required improvements, including construction of street
pavement, curb, gutter and sidewalks, storm sewer lines and water mains, within
one (1) year from the date this Deferment Agreement is approved, or at a later
time as may be mutually agreed upon by both parties, and upon completion and
acceptance of the construction of Deferred Improvements 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:
D & J Land Company
6221 Garden Court
Corpus Christi, Texas 78414
Return to the Developer within sixty (60) days of the completion of
Deferred Improvements and settlement of the construction
contracts and costs, [he letter of credit for the construction o1:
Deferred Improvements any balance remaining of all monies
received by the City from the Developer, including interest earned.
If the Deferred Improvements have not been completed within one (1) years from
the date this Agreement is approved, 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 7 below, the City may call the letter (s) of credit
and transfer the amounts received, including any interest earned, to the
Dele~'nenl Agreement.doc
11.
12.
appropriate City fund and the City will then begin completion of the construction
of the required improvements, with any monies received from the Developer,
both principal and interest, remaining after completion of construction being
refunded by the City to the Bank and the Developer, as their interest may appear.
If City constructs all or any pad of the Deferred Improvements, the Developer
agrees to reimburse the City for any additional cost of the Deferred
Improvements, if the sum of money and interest prove inadequate to complete
the Deferred Improvements, within thirty (30) days after City completes the
improvements and bills the Developer.
The City and Developer agree that if the Developer formally vacates the current
plat, with approval of the Planning Commission, prior to the deadline for the
completion of the construction of the Deferred Improvements, the letter of credit
and any money received by the City from the Developer remaining on deposit,
plus interest earned, will be released and immediately returned to the Developer.
I[' Developer defaults in any o[ its covenants or obligations under this Deferment
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 under the
letter(s) of credit 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 aCter the City has completed construction of the Deferred
Improvements, the excess monies, both principal and interest, shall be refunded
to the Bank and Developer, as their interest may appear, within si;dy (60) days of
the completion of construction and settlement of construction contracts.
The Developer agrees that the City, after no[ice 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.
The Developer covenants to construct the Deferred Improvements, and that this
covenant shall be a covenant running with the land
The City's Director of Engineering Services, at Developer's expense, shall file for
record this Deferment Agreement in the records of Nueces County.
No party may assign this Deferment Agreement or any rights hereunder with the
prior written approval o[ the other parties.
Unless otherwise stated herein, any no[ice 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 cedified mail, shall be deemed
Deferrnenl AgreemenLdoc
13.
14.
15.
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.
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.
The Developer further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17113, to complete, as part o1: this Agreement, the Disclosure of
Ownership interests form attached hereto (Exhibit 4).
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 odginal 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 ,/¢'~-~,, day of t._//~ j ,2005.
D & J Land Cor~pany
6221 Garden Court
Corpus//Christi, ~x~,~414
By: ~ /.~-~"'",--~'
¢v~mes Baldwin, Vice President
D & J Land Company
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the t~ day of ~ ~ r~'"~
2005, by James Baldwin, Vice President of D & J Land Company.
NOTARY PUBLIC, STATE OF TEXAS
De[ermen{ Agreement.doc
A'FI'EST:
By:
ARMANDO CHAPA,
City Secretary
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
By:
George K. Noe
City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the __ day of
,2005, by George K.Noe, City Manager for the CITY OF CORPUS
CHRISTI, a Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This
Mary K. Fisher
City Attorney
/ )"-'- day of ,, .,)~ ~. ~ , 2005.
By:
Joseph
Assistant City Attorney
Deferment Agreement doc
EXI-IIBIT 1 (Page 1 of 2)
m
EXHIBIT 1 (Paee 2 of 2~
I'll
Z
EXHIBIT
COST ESTIMATE-DEFFERED IMPROVEMENTS
PADRE/INTERSTATE 37
BUSINESS PARK UNIT 2
SKYLINE DRWE EXTENSION
6/7/2005
Job No. 39002.A5.00
EXHIBIT "C"
ITEM i DESCRIPTION
A. PAVING IMPROVEMENTS:
1 Cleadng and Grubing
2 Excavation
3 I 1/2" HMAC Including Prime Coat
4 6" Cement Stabilized Caliche Base
5 8" Lime Stabli:,ed Subgrade
6 6" 'L' Curb
-- 7 4' Concrete Sidewalk
8 Street Sign
9 Demolish Curb, Sidewalk and Misc. Items
__ ESTIMATED
QUANTITY
UNIT
UNIT TOTAL
PRICE PRICE
PAVING SUB-TOTAL:
B. WATER IMPROVEMENTS:
I 8" PVC C-900
2 8"x90 Degree Ductile Iron Bond
3 8" Gate Valve and Box
4 Fire Hydrant Assembly Complete_.
5 Tie to Ex]sting Waterline
6 8" Ductile Iron Tee
7 Waterline Deflection Under Box Culved
1.12 AC $200.00 $224.00
3,668 CY $2.00 $7,336.00
2,470 SY $4.00 $9,880.00
2,470 SY $5.10 $12,597.00
3,327 SY $2.60 $8,650.20
1,902 LF $7.25 $13,789.50
7,230 SF $2.10 $15,183.00
1 EA $400.00 $400.00
1 LS $1,500.00 $1,500.00
WATER SUB-TOTAL:
$69,559.70
1,054 LF $14.00 $14,756.00
1 EA $200.00 $200.00
4 EA $500.00 $2,000.00
2 EA $1,500.00 $3,000.00
1 EA $500.00 $500.00
2 EA $200.0~ $400.00
1 EA $1,200.00 $1,200.00
$2.2,056.00
C. STORM SEWER IMPROVEMENTS:
1 T~ple4'x4' Concrete Box 70 LF $260.00 $18,200.00
2 OSHA Trench Protection 70 LF $1.00 $70.00
3 5' Slot Inlet on Box 2 EA $1,200.00 $2,400.00
4 Demolition and Remove Existing Concrete Lining 1 LS $2,000.00 $2,000.00
5 Slabilized Entrance, Silt Fencing & Poll. Prevention Work 1 LS $1,500.00 $1,500.00
STORM SEWER SUB-TOTAL:
TOTAL ESTIMATE IMPROVEMENTS;I ~-
10%: -
per ordinance requirem~ents add ._
TOTAL CONSTRUCTION COST: ! ..
Add 9% [or Engineering and Testing: p
TOTAL REQUIRED FOR LE'CrER~)F CREDIT: -- I I
$24,170.00
$115,785.70
$11,57857
$127,364.27
$11,46275
$138,827.05
Urban Engineering
2725 Swantner
Corpus Chris[i, TX 78404
1-361-854-3101
EXHIBIT 3
~~ ~ ~ CITY OF CORPUS CHRISTI
~ DISCLOSURE OF INTERESTS
City of Corpus Chds[i ordinance 17112, as amended, requires all persons or fin'ns seeking I.o do business with ~he City to
provide the following in/.ormation. Every question must be answered. If the queslJon is not applicable, answer with 'NA'.
FIRST NAME: D & J Land Company, Inc.
STREET: 622.1 Garden Court CITY: Corpus Chdsti ZIP: 78414
FIRM IS: r~"~l. Corporation [~2. Partnership ~--]3. Sole Owner [~4. Association ~-]5. Other
DISCLOSURE QUESTIONS
ff additional space ts necessary, please use the reverse side of Ibis pag~ or attach separate sheet.
1. Slate Ihe names of each "employee' ol the City of Corpus Chdsti having an 'ownership interest' consl~tuting 3%
or more of the ownership in the above named "lirm'.
Name Job Title and City Departznent (if known)
N/A
Stale [he names ot each 'official' of the City of Corpus Christi ha',qng an 'ownership interest' c~nstitufing 3% or
mom of the ovwership in the above named 'firm'.
Name Title
N/A
State [he names of each 'board member' of the City of Corpus Christi having an "ownership i~terest' constituting
3% or mere of the ownership in the above named "lirm'.
Name Board, Cor~Ttission, or Cor'nmittee
NJA
State the names of each employee or officer of a 'consultant" /'or the City of Corpus Christi who worked on any
matter related to the subject o! this conb-act and has an 'ownership interest' constituting 35 or more of the
ownership in [he above named "firm'
Name Consultant
N/A
CERTIFICATE
I cert~ that all information provided is true and correct as o/' the date of this stal. ement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted I.o the City of
Corpus Christi, Texas as changes occur.
Oertifyin~ Per~on: ~'~"~r.,~ ~S ~ ~;/
(Type or Print)/// ~
Signalure of Cat, tying Person: .~-.~-~. ~'../
EXHIBIT 4
8
AGENDA MEMORANDUM
June 21,2005
AGENDA ITEM:
Motion approving the Transmission and Gnd Main Construction and Reimbursement
Agreement submitted by the Corpus Christi Retirement Residence Limited
Partnership, owner and developer of the Corpus Christi Retirement Residence
Addition, Block 1, Lots 1, 2, and 3, located north of Lipes Boulevard and west of
South Staples Street for the installation of 290 linear feet of a 12-inch PVC water
grid main; and
Ordinance appropriating $14,104.00 from the Arterial Transmission & Grid Main
Trust Fund No. 209019-4030 to pay the developer reimbursement request for the
installation of 290 linear feet of a 12-inch PVC water grid main to develop the
Corpus Chdsti Retirement Residence Addition, Block 1, Lots 1, 2, and 3; and
decladng an emergency.
ISSUE: The Corpus Christi Retirement Residence Limited Partnership, owner and
Developer of the Corpus Christi Retirement Residence Addition, Block 1, Lots 1, 2, and 3,
will start the installation of 290 linear feet of a 12-inch PVC water gdd main along the south
side of Lipes Boulevard beginning at the existing 12-inch water line previously installed by
others and extending to the west boundary of Block 1, Lot 2 of the Corpus Christi
Retirement Residence Addition, upon the City Council approval of the Transmission and
Grid Main Construction and Reimbursement Agreement, and funds to pay for said
installation are encumbered from the Arterial Transmission and Grid Main Trust Fund in
compliance with Ordinance No.0255424.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as
presented.
B.A. Holly, ~\I.C.P.
Director of Development Services
AI-I'ACHMENTS:
Exhibit A.
Exhibit B
Exhibit B-1
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Water Main Location Map
Reimbursement Application
Cost Estimates
Transmission and Grid Main Cons[ruction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of the Corpus Christi Retirement
Residence Addition, Block 1, Lots 1,2, and 3 required a total extension of 290 linear feet
of a 12-inch PVC water grid main along the south side of Lipes Boulevard beginning at the
existing 12-inch water line previously installed by others and extending to the west
boundary of Block 1, Lot 2 of the Corpus Chdsti Retirement Residence Addition. (See
Exhibit B - Location Map and B -1 Water Main Location Map).
The 12-inch PVC water 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 Developer submitted a Deferment Agreement, approved by the City Council on Apdl
19, 2005, which waived the requirement for construction of off-site improvements to be
75% complete before the Final Plat is signed and recorded. The Developer paid the water
lot fee of $17,406.66 on May 20, 2005.
The total construction cost submitted by the developer for the installation of 290-feet of 12-
inch PVC water gdd main is $14,104.00. In accordance with the Platting Ordinance, if the
Developer installs a gdd main, the developer shall be credited for the actual installation
cost of the grid main up to the amount of his lot/acreage fee. The Developer has already
paid the applicable lot/acreage fee and should be reimbursed from funds available from
the Arterial Transmission and Gdd Main Trust Fund.
The developer has submitted a Transmission and Gdd 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 would be payable upon completion and acceptance of the water grid main
work with the actual reimbursement to be determined based on the actual construction cost
and not to exceed $14,104.00.
RECOMMENDATION: Staff recommends approval of [he motion as presented.
IExhibit A I
Page 1 of 1
NAISMITH ENGINEERING, INC.
ENGINEERING · ENVIRONMENTAL · SURVEYING
PROPOSED CORPUS CHRISTI
RETIREMENT RESIDENCE
LOCATION MAP
Page 1 of 1
Page 1 of 1
APPLICATION FOR WATERLINE REIMBURSEMENT
I, Corpus Christi Retirement Residence Limited Parmership, owner and
developer of proposed Corpus Christi Retirement Residence Subdivision, hereby
request reimbursement of $14,104.00 for the installation of the water (distribution
main) (arterial transmission or grid main) in conjunct4on with Corpus Christi
Retirement Residence Subdivision, as provided for by the City Ordinance No.
17092. Said $14,104.00 is the construction cost, including 7.5%Engineering, in
excess of the lot/acreage fee, as shown by the cost supporting documents
attached herewith.
eveloper)
t o'~
(Date)
THE STATE OF OREGON
COUNTY OF MARION
This instrument was acknowledge before me on
by (b~2,~, -[[1~ ~ , an Ot~o~,,nr,C,~or~.o~ration, on behalf o f the said
~ ~ _~0~-~ ~ ~'~a~y P~bnc in ~d for Mario~ Codty, @egon
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 (D~3~Zbution t a-i-n) (Grid and Arterial
Main) Trust Fund, and
(b) appropriation and approval by the City Council.
~tgector of Engineering Date
(City Eng/neer)
Exhibit
Page 1 of
Cost Estimate-Corpus Christi Reiflmment Residence
Item Description
LI 2" PVC C-900 Waterline
Connect to Existin~ Waterline
Waterline Construction l'otal
Professional Services
Engineering
Quantity Ilnit tint! Price
290 LF $28.00
2 EA $2,500.00
7.50%
PROJECT TOTAL:
Total
$8.120.00
$5,000.00
$13.120.00
$984.00
$14,104.00
~L~' Exhibit D _J~
Paoe 1 o[ 1
TRANSMISSION AND GRID MAIN CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Transmission and 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 Chdsti, Texas, 78469-9277, and The
Corpus Christi Retirement Residence Limited Partnership, ("Developer").
WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to
develop a tract of land of approximately 15.71 acres called Corpus Chdsti Retirement
Residence Addition, Block 1, Lots 1,2, and 3, located on the north side of Lipes
Boulevard, west of South Staples Street, as shown in the attached Exhibit 1.
WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of
a 12-inch PVC arterial transmission grid main in order for Corpus Chdsti Retirement
Residence Addition to have water service; and
WHEREAS, under the Plat'ting Ordinance, the Developer is responsible for construction
of a 12-inch PVC arterial transmission and grid main; and
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the construction of a 12-inch PVC arterial transmission and
grid main; and
WHEREAS, it is essential that the 12-inch PVC arterial transmission and grid main be
constructed along Lipes Boulevard in connection with the Corpus Chdsti Retirement
Residence Addition for it will provide future service connections to the east and west of
said subdivision upon completion of the Corpus Christi Retirement Residence Addition;
and
WHEREAS, it is to the best interest of the City and the Developer for the 12-inch PVC
arterial transmission 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 arterial transmission and grid main
needed for the Corpus Chdsti Retirement Residence Addition in compliance with the
City's Platting Ordinance and under the plans and specifications approved by City
Engineer.
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 arterial transmission and gdd main, as shown in Exhibit 2,
with the following basic design:
(1) Install 290 linear feet of 12" PVC transmission/grid main.
(2) Install 1 (one) 12-inch Gate Valve w/box.
(4) Install 1 (one) 12"X12"XS" Ductile Iron Tee.
(5) Install 1 (one) 8-inch Gate Valve w/box
(6) Install 1 (one) 12"X8" Reducer
(7) Install one (1) 8-inch 90° Bend
(8) Install one (1) 12-inch Transition Coupling
(9) Install one (1) 8-inch Transition Coupling
(10) The transmission/grid main will be constructed along the south side of
Lipes Boulevard between the existing 12-inch water line previously installed
by others extending to the west boundary of Block 1, Lot 2 of the Corpus
Christi Retirement Residence Addition.
b. The plans and specil~cations 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 arterial transmission and 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 arterial transmission and grid main.
4. PLATTING FEES. Developer shall pay to the City of Corpus Chdsti 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 and grid main, in accordance with the
approved plans and specifications, by June 30, 2006.
6. REIMBURSEMENT.
a. The City will reimburse the Developer 100% of the cost of the 12-inch PVC artedal
transmission and grid main, no[ to exceed $14,104.00 within 30 days upon invoicing by
the Developer, if the work has been completed, inspected and accepted by the City.
The City agrees to conduc[ 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 grid main.
7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its
agents, officers, and employees from afl 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 artedal transmission and gdd main construction.
8. Developer further agrees, in compliance with the City of Corpus Chdsti 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.
EXECUTED IN DUPLICATE originals, this day of ,2005.
A'FFEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: / ')- day of ,J',.,. (
By:
Assistant City Manager
,2005
By:
Joseph Ha/rney ' (~
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
DEVELOPER:
Bruco D. Thorn, ^uthodzcd Agcnt ~~
Corpus Christi Retirement Residence Limited Partnership
2250 McGilchrist Street S.E.
Salem, OR 97302
THE STATE OF OREGON
COUNTY OF MARION
This instrument was acknowledged before me on
Bruce D, Thorn.
,2005, by
Notary Public, State of Oregon
li N^ISMITH ENGINEERING, INC.
ENGINEERING · EI~r[RON~ENTAL · SUI~VEYIING
PROPOSED CORPUS CHRISTI
RETIREMENT RESIDENCE
LOCATION MAP
Exhibit 1
Pag~ 1 of I
\
Exhibit 2
Page 1 of 1
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
Ci'ty,of Corpps Christi Ordinance 17112, as amended, requires all persons or Firms seeking Io do business with the Ci~ to
provide the following inlo~rna[ion Every question must be answered_ if the queslJon is not applicable, answer w~th 'NA'.
FIRM NAME: (~.o..~..~.s.._C..h_[~ ![ ._R. ~.~ !.e..m..~.n.[..R. ~ [ .d_~.n..c..e..L_ ! .m..i !.e..d...P..a..r t.?.e, f .s_ .h.i.p. ................................................ ~ .................................
STREET: ...... ~..p~ s..?v..d. ..................................................... CITY: .~.o_ ~ .u s. _.C..h. j'! .s.t j ........................ ZIP: .......................
FIRM is: 1. Corporation [] 2. Partnership [] 3. Sole Owner [] 4. Association []
5. Other n .... : ................................ ..,~ ................ : ............................. : ................ ,....; ..............................
DISCLOSURE QUESTIONS
if addilional space is necessary, please use the reverse side ot this page or attach separate sheeL
1. State the names of each "employee" of the Cit~ of Corpus Chflstl having an ~'ownershlp Inlerest' constituting 3%
or more of the ownership In the above named "firm".
Name Job 'l-~e and City Department (if known)
N/A
Stale the names of each 'official" of the City of Coq)us Christi having an "ownership Inten~'[" constlluling 3%
or more of the ownership In the above named "firm".
Name Title
N/A
3
State the names of each 'board member' o[ the Clly of Corpus Christi having an 'ownership inlems~' coostitulJng 3% or
mo~e of [he ownership in the above named 'ftrm':
Name Board, Commission or Committee
, N/A
State the names of each employee or officer o! a "consullant" for the City of Corpus Christi who worked on any
matter related Io Ihe subJecl of this contract and has an "ownership interest" constituting 3% o~ more of the
ownership In the above named "firm".
Name C,0nsultant
N/A
CERTIFICATE
I cedi[,/Ihal all information provided is. true and correct as of the date of this slalement, [hat I have not knowingly withheld
disclosure of any information requested; and thai supplemental sla. Jemepts will bE promptW .~,~t~rpl~te~l to the CIt~ ol
Corpus Christi, Texas as changes occur.
Signatere of Certifying Person:..,~_.~.~. ..... ~. ............................. Date: ...............................................................
AN ORDINANCE
APPROPRIATING $14,104.00 FROM THE ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 209010-
4030 TO PAY DEVELOPER REIMBURSEMENT REQUEST FOR
THE INSTALLATION OF 290 LINEAR FEET OF A 12 INCH PVC
WATER GRID MAIN TO DEVELOP THE CORPUS CHRISTI
RETIREMENT RESIDENCE ADDITION, BLOCK 1, LOTS 1, 2,
AND 3; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $14,104.00 from the Water Arterial Transmission and Grid
Main Trust Fund No. 209010-4030 is appropriated to pay developer's
reimbursement request for the installation of 290 linear feet of a 12-inch PVC
water grid main to develop Corpus Chdsti Retirement Residence Addition, Block
1, Lots 1, 2, and 3.
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 21st of
June, 2005.
A'I-FEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED ,J,.~.< /.~' .2005.
By:
Joseph~arne?~-~'¥/
Assistant City Attorney
For City Attorney
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: INVe, 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,
Henry Gan'ett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
9
CITY COUNCIL
AGENDA MEMORANDUM
DATE: June 21, 2005
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use
Privilege Agreement with The Port of Corpus Christi ("Owner"), for the dght to install, operate, repair,
replace, and maintain one private 1'¼-inch HDPE conduit with fiber optic cable across the Salt Flat
Drainage Ouffall right-of-way (ROW) for approximately 90-feet, and approximately 700-feet north of
the Union Pacific Railroad ROW; establishing a fee of $ 240.00; and declaring an emergency.
ISSUE: The Port of Corpus Christi Authority (PCCA) submitted a request to install a pdvate 11/.-inch
HDPE conduit with fiber optic cable across city right-of-way to provide service from PCCA facilities
located on Stroman Street to Oil Dock 12.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion
of public right-of-way for pdvate purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
· /~?~o-~'y, AICP
Dil~tor of Development Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Agreement
The Port of Corpus Christi, ("Owned') has requested a Use Privilege Agreement (UPA) Eom the City
of Corpus Christi to install, operate, repair, replace, and maintain a private 1%-inch HDPE conduit
with fiber optic cable for approximately 90 linear feet across the Salt Flat Drainage Outfall right-of-
way, and approximately 700-feet on the north side ol= the Union Pacific Railroad ROW. The fiber
optic cable will provide service for lighting Improvements and Video Surveillance of the Dock area.
The Port of Corpus Christi (PCCA) is installing the private conduit and fiber optic cable to provide
service between their PCCA facilities located on Stroman Street to Oil Dock 12 for a distance of 0.5
miles. The conduit is required to be installed using directional bodng and maintained ata consistent
8-foot depth across the entire 90-feet of the Salt Flat Drainage Outfall right-of-way. This depth is
necessary to avoid conflict with existing and proposed utilities.
The Port of Corpus Chdsti will own the private 1%-inch HDPE conduit with fiber optic cable, and will
be solely responsible for all maintenance and removal of said cable. An Engineering Permit will be
required for any future repair, replacement, maintenance, and removal of the fiber optic. As-built
construction plans must be submitted to the City upon completion of bhe fiber optic cable installation,
showing all conduits and fiber optic cable wffhin city rights-of-way.
Permanent type line markers will be placed as close as practical over the conduit on either side of
the Salt Flat Drainage Ouffall right--of-way, to indicate the location of the private cable, owned by the
Port of Corpus Christi. Line markers must bear Owner's name and emergency telephone number.
All public and franchised utilities were contacted. City Wastewater Department has an existing 42-
inch effluent line within the Salt Flat Drainage Outfall ROW, and will be placing an additional effluent
line in the future along the east side of the Salt Flat Drainage Outfall and Levee. None of the other
City and pdvate franchised utilities had any objections, provided the applicant meets the specified
conditions set out in the UPA including the utility separation clearance as stated in 'Paragraph I "of
the UPA. The applicant has been advised of and concurs with all the conditions of the Use Privilege
Agreement.
A one-time fee of $ 240.00 is being recommended for the UPA.
H ;/ ~gen~ag 04,~pa ~,ra n sam, rn 2 EXHIBIT A
FROM: BA Holly, AICP, Director o[ Development Services
DATE: June 14, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: June 21, 2005
ORDINANCE CAPTION:
Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with The Port oi" Corpus
Christi ("Owner'"), for the right to install, operate, repair, replace, and maintain one private 1¼-inch HDPE conduit with tiber
optic cable across the Salt Flat Drainage Outfall right-of-way (ROW) for approximately 90-feet, and approximately 700-feet
north o[ the Union Pacific Railroad ROW; establishing a fee of $ 240.00; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
SPECIFIED CONDITIONS AS PART OF CLOSURE:
6.
7.
8.
9.
That Ihe Pod of Corpus Chhsti ("Owner") pay the recommended ~ 24Q.Q0 UPA fee for the fiber oplic cable across
the Salt Flat Drainage Out~all right, r-way.
The Pod or Corpus Christi must direclional bore across the drainage ou[fall right-of-way and will be responsible for
any damage to wastewater sewer lines and all other existing utilities within lhe construction areas.
The Pod or Corpus Christi musl have an 8-toot minimum depth clearance measured [rom ditch flow line across the
entire 90-foot width of the Salt Flat Drainage Outfall dght-o[-way, when installing the private conduit and fiber optic
cable.
The Pod: of Corpus Chdsti must place and maintain permanent type line markers as close as practical over the
pipelines on either side o[ the drainage ou[fall right, of-way. Markers must contain labeling identJ['ying pipeline owner
and a broad description of the product transpoded in the pipeline.
That Owner will comply with the required utility separation clearance as stated in "Paragraph I" o[ the Use Privilege
Agreement and maintain the minimum horizontal and vertical utility separation requirements as required by TCEQ.
Owner must notir7 City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies 48
hours pdor to any construction work.
An Engineering Permit will be required [or any future maintenance or removal of the private 1¼-inch HDPE conduit
and fiber optic cable.
As-built construction plans must be submii~ed to the Cily upon complelJon of the fiber optic cable installation, showing
all conduits and nber optic cable within ciby rights-of-way.
Owner agrees to comply with all the specified conditions and provisions as set out in the Use Privilege Agreement.
REQUESTED BY:
DATE: ~' -/-~" '-g~..~'
APPROVED:
DATE: EXHIBIT B
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH THE PORT OF
CORPUS CHRISTI (OWNER) FOR THE RIGHT TO INSTALL,
OPERATE, REPAIR, REPLACE, AND MAINTAIN ONE PRIVATE 1.25-
INCH HDPE CONDUIT WITH FIBER OPTIC CABLE ACROSS THE
SALT FLAT DRAINAGE OUTFALL RIGHT-OF-WAY FOR
APPROXIMATELY 90 FEET AND APPROXIMATELY 700 FEET NORTH
OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY; ESTABLISHING
A FEE OF $240.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with The Port of Corpus Chdsti (Owner) for the right to install,
operate, repair, replace and maintain one private 1.25 inch HDPE conduit with fiber
optic cable across the Salt Flat Drainage Ouffall right-of-way for approximately 90 feet
and approximately 700 feet north of the Union Pacific Railroad R-O-W.
SECTION 2. That Owner will comply with the terms and conditions of the use privilege
agreement, a copy of which is on file with the City Secretary, and be subject to the
following conditions as part of the use privilege agreement:
1. Owner will pay the fair market value fee of $240.00 for this UPA.
2. Owner must directional bore across the drainage outfall right-of-way and will be
responsible for any damage to wastewater sewer lines and all other existing utilities
within the construction areas.
3. Owner must have an 8-foot minimum depth clearance measured from ditch flow
line across the entire 90-foot width of the Salt Flat Drainage Outfall right-of-way, when
installing the private conduit and fiber optic cable.
4. Owner must place and maintain permanent type line markers as close as
practical over the pipelines on either side of the drainage ouffall right-of-way. Markers
must contain labeling identifying pipeline owner and a broad description of the product
transported in the pipeline.
5. Owner will comply with the required utility separation clearance as stated in
"Paragraph I" of the Use Privilege Agreement and maintain the minimum horizontal and
vertical utility separation requirements as required by TCEQ.
6. Owner must notify City Water, Wastewater, Gas, and Storm Water Departments
and all private utility companies 48 hours prior to any construction work.
H:~LEG-DIR~oseph\ORD-upa-Port2.doc
7. An Engineering Permit will be required for any future maintenance or removal of
the private 1¼-inch HDPE conduit and fiber optic cable.
8. As-built construction plans must be submitted to the City upon completion of the
fiber optic cable installation, showing all conduits and fiber optic cable within city rights-
of-way.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 21st day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garret[
Mayor
Approved -J,~ ~.~ ( ( , 2005
Joseph HaJmey
Assistant City Attorney
For Ci~ Attorney
H:\LEG-DIRUoseph\ORD-upa-Port2.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: 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,
Henry Garret't, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:~LEG-DIRLloseph\ORD-upa-Port2.doc
CULVERT CROSSING PLAN
PROJECT LOCATION
90' MIN.
GENERAL NOTES
CULVERT CROSSING DETAIL
TG:?: RE~-
C C PU~Q :~01MPpESS
P-D7 A,,,EPIU E-
~~~? ~~ , ,~p,O¢~~'
EXHIBIT C
',,
!III ,.-,. PRIVILEGEsALT F~TAGREEMENTDITCH EXHIBIT
~NG c~ ~CCA FIBER CROSSINGS
_;09 NO.: 527 [SCALE:-S NOTED iDR'~,. SMIT- :DATe: 4/~',/o5 iSHE~ 1 OF2
?CCA P ROPERI'-'
PROJECT LOCATION
UNION PACIFIC RR ROW
UNION PACIFIC ROW
I LOCAllON PLAN
EXHIBIT C
lillhl,
CONSULllNG EN(~NEEI~S
USE
JOB NO.: 1527 !SCALE: ,AS NOTED IDR:,",. SMITH
PRIVILEGE AGREEMENT EXHIBIT
SALT FLAT DITCH
PCCA FIBER CROSSINGS
!,DATE: 4-/11/0~v I SHEET 2 OF 2
10
Cl'rY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 14, 2005
A. AGENDA ITEM: A Public Hearing on a proposed amendment to the comprehensive plan
of the City o[ Corpus Christi by amending the City o[ Corpus Christi Parks, Recreation, & Open
Space Master plan by amending subsection 10 o[ section 8.2 by adding provisions for playground
equipment and green spaces in neighborhood parks; reconfirming the top 10 list of highest pdodty
recreation facility needs in section 9.2; providing for repeal of conl~icting ordinances; and providing
for severance.
B. AGENDA ITEM: First reading ordinance amending the comprehensive plan ol" the City of
Corpus Chdsti by amending the City of Corpus Chdsti parks, recreation, & open space master plan
by amending subsection 10 of section 8.2 by adding provisions for playground equipment and green
spaces in neighborhood parks; reconfirming the top 10 list of highest pdodty recreation facility needs
in section 9.2; providing for repeal of con[licting ordinances; and providing for severance.
ISSUE: There is a Contradiction within the Parks Master Plan concerning installation and
replacement of playground equipment for smaller neighborhood parks. The Parks and
Recreation Advisory Committee and the Planning Commission have approved the
amendment.
Within Section 8.2 Guiding Concepts and Philosophy, the master plan supports "converting
some of the unused parks into lower maintenance green spaces." While Section 8.6
Development of Needed Park Facilities, recommends "additional playground facilities
throughout the city".
The proposed amendment would add provisions in Section 8.2 for playground
equipment and green spaces in neighborhood parks.
Additionally, that the top 10 list of the highest priority recreation facility needs in Section 9.2
of the City of Corpus Christi Parks, Recreation, & Open Space Master Plan is unchanged
by this ordinance.
REQUIRED COUNCIL ACTION: Council must approve any amendments to Master Plans.
PREVIOUS COUNCIL ACTION: City Council adopted the City of Corpus Chdsti Parks,
Recreation, & Open Space Master Plan on November 19, 2002.
CONCLUSION AND RECOMMENDATION: Staff recommends the Amendment to the
Corpus Chdsti Parks, Recreation and Open Spaces I~laster Plan.
Sally Ga/~lik, Director(.
Parks a~d Recreation
BACKGROUND INFORMATION
In accordance with proper notice to the public, a public hearing concerning the Corpus
Christi Parks, Recreation and Open Spaces Master Plan was held on Wednesday,
October 23, 2002, during a meeting of the Planning Commission and on Tuesday,
November 12, 2002, during a meeting of the City Council.
The Corpus Christi City Council approved the Corpus Christi Parks, Recreation and Open
Space Master Plan on November 19, 2002.
The Parks, Recreation Advisory Committee recommended approval of the contents of
the Ordinance on May 11, 2005 and the Planning Commission, after a public hearing,
recommended approval on June 1, 2005
Page 1 of 3
AN ORDINANCE
AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF CORPUS
CHRISTI BY AMENDING THE CITY OF CORPUS CHRISTI PARKS,
RECREATION, & OPEN SPACE MASTER PLAN BY AMENDING
SUBSECTION 10 OF SECTION 8.2 BY ADDING PROVISIONS FOR
PLAYGROUND EQUIPMENT AND GREEN SPACES IN
NEIGHBORHOOD PARKS; RECONFIRMING THE TOP 18 LIST OF
HIGHEST PRIORITY RECREATION FACILI'FY NEEDS IN SECTION 9.2;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND
PROVIDING FOR SEVERANCE.
WHEREAS, the Park and Recreation Advisory Board and the Planning Commission
have forwarded to the City Council their reports and recommendations concerning
amending Subsection 10 of Section 8.2 of the City of Corpus Chdsti Parks, Recreation,
& Open Space Master Plan, an element of the Comprehensive Plan of the City of
Corpus Christi; and
WHEREAS, in accordance with proper notice to the public, a public headng was held on
Wednesday, June 1,2005, dudng a meeting of the Planning Commission and on
Tuesday, June 14, 2005, dudng a meeting of the City Council, in the Council Chambers
at City Hall in the City of Corpus Chdsti allowing all interested persons to appear and be
heard; and
WHEREAS, under the laws of the State of Texas and the City Charter of the City of
Corpus Chdsti, the City Council shall adopt the comprehensive plan and amendments
to the comprehensive plan by ordinance; and
WHEREAS, the City Council has determined that the amendment of the City of Corpus
Chdsti Parks, Recreation, & Open Space Master Plan, an element of the
Comprehensive Plan of the City of Corpus Christi, would best serve public health,
necessity and convenience and the general welfare of the City of Corpus Chdsti and its
citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Comprehensive Plan of the City of Corpus Chdsti, Texas is
amended by amending Subsection 10 of Section 8.2 of the City of Corpus Chdsti Parks,
Recreation, & Open Space Master Plan, an element of the Comprehensive Plan, by
adding provisions for playground equipment and green spaces to read as follows:
"8.2 Guiding Concepts and Philosophy
"The following concepts serve as the basis and foundation for the Parks Master Plan
recommendations. They are dedved from the needs assessment and citizen comments
throughout the process.
C:~(Doyls*03 05'~P&ZORD03\Comp. D~velop. P[an\05.0608 DC Amerd. Parks. Masle r Plan.d~c
Page 2 of 3
"10. The quantity of smaller neighborhood parks continues to be more than the
resources of the city can care for. Divestment of a few moro small park spaces may
be feasible, but is not an answer for all of the smaller parks. Rather, the greater focus
should be on developing a neighborhood by neighborhood plan for addinci and/or
reDlacinq plavqround e(]uipment where needed in nei.qhborhood parks and converting
some of the underused u,maeed-13ark are~- ~3~ into iR-lower maintenance green
spaces; and no other recreational amenities shall be included in neiqhborhood parks.
Recommendations to address this are contained in this chapter."
SECTION 2. That the City Council has reviewed and hereby reconfirms the top 10 list
of highest pdodty recreation facility needs in Section 9.2 of the City of Corpus Chdsti
Parks, Recreation, & Open Space Master Plan.
SECTION 3. That the City of Corpus Chdsti Parks, Recreation, & Open Space Master
Plan establishes the City of Corpus Chdstrs policies for growth and development of
parks and recreation services and the acquisition and preservation of open spaces
within the City_ The City of Corpus Chdsti Parks, Recreation, & Open Space Master
Plan is a portion of the master and general plan of the City.
SECTION 4. That all ordinances or parts of ordinances in conflict herewith aro hereby
expressly repealed. Where any provision of this ordinance imposes standards or
restrictions differont from those imposed by any other provision of any other City
ordinance, rule, or regulation, the provisions of this ordinance shall control.
SECTION 5. 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. Therefore, if 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.
C:~Doy~e 03.05~P&ZORD~3\Comp D.evelop. Plan\05.0608DC Arnene Parks Master. Plan.doc
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Page 3 of 3
The foregoing ordinance was read for the first time and passed to its second reading on
this the 14~ day of June, 2005, by the following vote:
Rex A. Klnnison
John E. Marez
Jesse Noyola
Mark Scott
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
The foregoing ordinance was read for the second time and passed finally on this the
21s~ day of June, 2005, by the following vote:
Rex A. Kinnlson
John E. Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED on the 21st day of June, 2005
Al-rEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
FORM 8 June 2005
C:~( Doyie,03,05\P&ZORDO 3\Co(np. Develop,Plan\05 0,508 DC Arnend. Parks,Masler. Plan doc
11
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 6/21/05)
Case No. 0505-03- 1~t Community Bank: A change of zoning from a "R-lB" One-family Dwelling
District to a "B-I" Neighborhood Business District The property is in Gardendale Unit 2 Subdivision,
Block 8, Lots 33 and 34, located along Bonnet Drive and 175 feet east of EverharI Road.
Planninl! Commission and StafFs Recommendation (5/18/05): Denied, in lieu of, Approval of an
"AB" District with a Special Permit subject to (8) eight conditions.
Requested Council Action: Approval of an "AB" District with a Special Permit and an adoption of
the attached ordinance.
Purpose of Request: Drive through motor bank as and extension to the existing bank use, a parking lot
and office uses.
Summary:
The applicant is requesting a change of zoning from "R-lB" One-family Dwelling District to a "B-I"
Neighborhood Business Distxict for the development ora motor bank as an extension of the existing
bank. a parking lot and office uses.
The representative did not submit a conceptual layout of the proposed uses. However, the land use
statement indicates that the motor bank will include six (6) drive through lanes behJ. nd the existing
shopping center and will include an additional parking lot, and conslruction of office spaces on the
subject property.
A Special perrmt was granted in 1988 for an increase in signage within the "B-I" District. Per a
change in the ordinance in the 90s', Special Permits are no longer insured for signage. In 199l a
Special Permit on Lot 3, north of the subject property was granted for a parking lot associated with
the existing bank.
Across Bormer Drive, south of the subject property an "AB"/SP District was granted in 2005 for a
banquet hall and parking lot associated with the existmg restaurant. Along the rear of the "R-lB"
Distxict subject properly is a single-farmly residence in a "R-lB" District.
A change of zoning to a "B-I" Neighborhood Business District does not ensure added protection to
the adjoining residential area. A change of zoning to an "AB" District with a Special Permit would
allow for the requested uses while providing enhancement features to the surrounding properties.
Denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of an "AB"
Professional Office District with a Special Permit on Lots 33 and 34, for the development of a motor bank
as an extension of the existing bank, a parldng lot and office uses subject to a site plan and eight (8)
conditions:
.USE: The only use authorized by this Special perrmt other than the basic "R-lB" One-family
Dwelling District uses in Gardendale Subdivision Unit 2, Block 8, Lots 33 and 34, is the
development of a motor bank with up to six (6) drive through lanes as an extension of the existing
bank, a parking lot and office uses.
Agenda Memorandum
0505413 (1~ Community Bank)
Page 2
SETBACK: A 25 foot minimum building setback and parking setback along the front lot lines of
the subject properties shall be maintained. No parking is allowed within the front 25 feet of Lots 33
and 34.
3. DRIVEWAY: Only one driveway shared between Lots 33 and 34 is permitted.
4. SCREENING: A six (6) foot tall solid screening fence shall be maintained along the north and east
boundary line of Lot 33 the subject property.
5. LIGHTING: All lighting on the property must be shielded and directional lighting and shall be
directed away from the single-family residential area.
TKASH RECEPTACLE: Placement oftxash receptacle must not be closer than 50 feet fi.om the east
property line of Lot 33 and shall not be within the front setback area. Screening of the trash
receptacle with a six (6) foot solid fence is required.
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' fi.ont yard setback areas of
the subject property.
TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year fi.om the date
of this ordinance unless the property is being used as outlined in Condition #1 and in compliance
with all other conditions.
Recommendation: Approval of an "AB" District with a Special Permit subject to (8) eight conditions.
Al~plicant's Position: The applicant concurs with Planning Comaxussion and Staff's recommendation.
Notification: Of the 18 notices mailed to the surrounding property owners, one was returned in favor and
none were returned in opposition. The 20% rule is not Invoked. This case Is considered non-
controversial.
MG/FGMJgp
Attachments:
1 ) Zoning Report
2) Planning comrmssion Minutes
3) Ordinance
l I:~P LN- DIR~S HARED\GaiI\WO KD\AGEN DM EM~2005~Vlay\05054)3 AG EN DAM EMO doc
CZTY COUNCTL
ZONZNG REPORT
Case No.: 0505-03
Planning Commission Hearing Date: May 18, 2005
1~ Community Bank
Applicant:
Owner: Al Dodds
Agent: Wayne Lundquist
Legal Description/Location: Ga.rdendale Subdivision Unit 2, Block 8, Lots 33 and
34, located along Bonnet Drive and 175 feet east of Everhart Road.
From: "R-lB" One-family Dwelling District
To: "B-I" Neighborhood Business District
Area: 0.9 acres
Purpose of Request: Drive through motor bank as and extension to the existing bank use, a
parking lot and office uses.
Zoning
Site "R-lB"One-family Dwelling
District
North "R-IB"/SP One-family
Dwelling District with a
Special Permit and "R-1 B"
One-family Dwelling District
South "AB"/SP Professional Office
District with a Special Permit
East "R-lB" One-family Dwelling
District
West "B-I"/SP Neighborhood
Business District
Existing Land Use
Vacant lots
Parking lot and low-
density residential
Restaurant and associated
parking lot
Vacant lot and low-density
residential
Bank and retail center
Future Land Use
Low-density residential
Low-density residential
Low-density residential
Low4ensity residential
Neighborhood Business
Zoning Report
Case No.0505-03 (1 ~ Conununity Bank)
Page 2
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 infisngement 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 of the
~mpacted neighborhood".
Map No.: 044036
Zoning Violations: None
The applicant is requesting a change of zoning from "R-lB" One-family Dwelling Distr/ct to a
"B-I" Neighborhood Business District for the development ora motor bank as an extension of
the existing bank, a parking lot and office uses.
The representative did not submit a conceptual layout of the proposed uses. However, the land
use statement indicates ~hat the motor bank will include six (6) drive through lanes behind the
existing shopping center and will include an additional parking lot, and construction of office
spaces on the subject property.
A Special penmt was granted in 1988 for an increase in signage within the "B-I" Dishdct. Per
a change in the ordinance in the 90s', Special perrmts are no longer insured for signage. In
1991 a Special Penmt on Lot 3, north of the subject property was granted for a parking lot
associated with the existing bank.
Across Bormer Drive, south of the subject property an "AB"/SP District was granted in 2005
for a banquet hall and parking lot associated with the existing restaurant. Along the rear of the
"R-lB" District subject property is a single-family residence in a "R-lB" District.
A change of zoning to a "B-1" Neighborhood Business District does not ensure added
protection to the adjoining residential area. A change of zoning to an "AB" District with a
Special Permit would allow for the requested uses wttile prov/ding enhancement features to the
surrounding properties.
Street Type Paved Section Volume
(2004)
Bonnet Drive Local 60' R.O.W. w/28' Bk. to Bk. 4,855 a.d.t.
paved section
Curtis Clark Drive Local 60' R.O.W. w/28' Bk. to Bk. a.d.t.
paved section
The subject property is platled.
Zoning Report
Case No.0505-03 ( 1~ Community Bank)
Page 3
Planning Commission and Staffrecommended an "AB" Professional Office District with a Special
Permit for a banquet hall and parking lot south of the subject property, March 2005. Special Permit
conditions for the subject property should be somewhat similar to the setback, driveway and
landscaping conditions set forth in the Special Permit banquet hall property to the south.
Denial or' the "B-I" Neighborhood Business District, and in lieu thereof, approval of an "AB"
Professional Office District with a Special Permit on Lots 33 and 34, for the development ora
motor bank as an extension of the existing bank, a parking lot and office uses subject to a site plan
and eight (8) conditions:
USE: The only use authorized by this Special Perrmt other than the basic "R-lB" One-
family Dwelling District uses in Gardendale Subdivision Unit 2, Block 8, Lots 33 and 34, is
the development of a motor bank with up to six (6) drive through lanes as an extension of the
existing bank, a parking lot and office uses.
SETBACK: A 25 foot minimum building setback and parking setback along the front lot
lines of the subject properties shall be maintained. No parldng is allowed within the front 25
feet of Lots 33 and 34.
3. DRIVEWAY: Only one driveway shared between Lots 33 and 34 is permitted.
4. SCREENING: A six (6) foot tall solid screeinng fence shall be maintained along the north
and east b~undary line of Lot 33 the subject property.
5. 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 Lot 33 and shall not be within the front setback area. Screening of the
trash receptacle with a six (6) foot solid fence is required.
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.
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.
Denial of the "B-I" Neighborhood Business District, and in lieu thereof, approval of an "AB"
Professional Office District with a Special Permit on Lots 33 and 34, subject to a site plan and
eight (8) conditions.
Zoning Repor~
Case No.0505-03 (1 Commun ty Bank)
Page 4
Number of Notices Mailed
Favor 1
Opposition 0
(As of May 13, 2005)
18
Attachments:
Zoning Map
Site Plan
/
AB/S
R-2
~,/SP/88,
B-1
B-lISP/88-08
9'1~07
R-lB'
S~ B~_~r
,,~PARCEL~
R-1B/sP/91-07 ~-~ ·
NORTH
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - May 18, 2005
b. Case No. 0505-03 1'l Community Bank: "R-lB" One-family Dwelling District to a "B-I'
Neighborhood Business District
Gardenctale Unit 2 Subdivision, Block 8, Lots 33 and 34, located along Bonnet Drive and 175 feet east of
Everhart
Request: Change of zoning from "R-lB" One-family Dwelling District to "B-I" Neighborhood
Business District
Excerpts frotn Zoning Report
Legal Description/Location: Gardendale Subdivision Unit 2, Block 8, Lots 33 and 34, located
along Bonner Drive and 175feet east of Everhart Road
Purpose of Request: Drive through motor bank az an extension to the existing bank use, a
parking lot and office uses.
Area Development Plan: Sout~'ide 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 the residential areas of the expansion "improves the residential desirability of the
impacted neighborhood".
Department Comments: Planning Commission and Staff recommended an "AB" Professional
Office District with a Special Permit for a banquet hall and parking lot south of the subject
property, March 2005, Special Permtt conditions for the subject property should be somewhat
simtlar to the setback, driveway and landscaping conditions set forth m the Special Permit
banquet hall property to the south.
Staff Recommendation: Denial of the "B-1 "Neighborhood Business District, and in lieu thereof,
approval of aJ~ "AB" Profe.¥sioaal Office District with a Special Permit on Lots 33 and 34, for
the development of a motor bank as an extension of the existing bank, a parking lot and office
uses subject to a site plan and eight (6) conditions:
1. USE: The only use authorized by this Special Permit other than the basic "R-lB"
One-family Dwelling District uses in Gardendale Subdivision Unit 2, Block 8, Lots 33 and
34, is the development of a motor bank with up to six (6) drive through lanes us an
extension of the eristing bank, a parking lot and office uses.
2. SETBA CK: A 25foot minimum building setback and parking setback along the
fi'ont lot lines of the subject properties shall be maintained. No parking is allowed within
the front 25feet of Lots 33 and 34.
3. DRIVEWAY: Only one drivewc(v shared between Lots 33 and 34 is permitted,
Planning Commission Minutes
05054)3 (1'~ Community Bank)
Page 3
3. DRIVEWAY: Only one driveway shared between Lots 33 and 34 is permitted.
4. SCREENING: A six (6) foot mil solid screening fence shall be maintained along the
north and east boundary line of Lot 33 the subject property.
5. LIGHTING: All lighting on the property must be shielded and directional lighting and
shall be directed away from the single-family residential area
6. TRASH RECEPTICLE: Placement of trash receptacle must not be closer than 50 feet
from the east property line oF Lot 33 and shall not be within the fi-out setback area. Screening
of the trash receptacle with a six (6) foot solid fence is required.
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' fi-out 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 ordin~ce unless the property is being used as outlined in Condition #1
and in compliance with all other conditions.
Mrs. Goode-Macon stated that eighteen notices were mailed with one in favor and none in
opposition.
In response to Commissioner Mires question as to why it could not be considered a "B-I"
Neighborhood Business District. Mrs. Goode-Macon stated that the subject property zoning does not
allow for drive through
Public hearing was opened.
Wayne Lundquist, 700 Everhart Road, stated that First Community bank will be purchasing the
shopping center of the subject property and will be placing the drive through lanes towards the rear. The
applicant has made an agreement with Mr. Shay of Shay Physical Therapy to expand the office buildings
along the rear. The applicant and Mr. Shay will be purchasing the land together.
In response to Chairman Berlanga's question, Mr. Lundquist stated that the applicant is in
complete agreement with Staff and the recommendation made. The applicant w~ll spend approximately
5;800,000 to upgrade the shopping center.
In response to Commissioner Pusley's question regarding screening of a trash receptacle, Mr.
Lundquist stated that the applicant would not have a problem with screening.
Public heanng was closed.
Motion was made by Commissioner Braselton, seconded by Commissioner Mims denial of the
"B-l" Neighborhood Business District, and in lieu thereof approve an "AB" Professional Office District
with a Special Pemz[t on Lots 33 and 34 subject to a site plan and the eight conditions listed. The motion
passes unanimously with Vice Chairman Stone being absent.
H 5P LN-D [R~S HA KED\GaiI\WORDL~.GENDM EM~2005~Vlay\0505 -03 Min utes Excerpt.doc
Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY 1~ COMMUNITY BANK, BY CHANGING THE ZONING MAP IN
REFERENCE TO GARDENDALE UNIT 2 SUBDIVISION, BLOCK 8,
LOTS 33 AND 34, BE REZONED FROM "R-lB" ONE-FAMILY
DWELLING DISTRICT TO AN "AB" PROFESSIONAL OFFICE WITH A
SPECIAL PERMIT FOR A MOTOR BANK AS AN EXTENSION OF THE
EXISTING BANK ALONG EVERHART STREET, A PARKING LOT AND
OFFICE USES SUBJECT TO A SITE PLAN AND EIGHT (8)
CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Ist Community Bank 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,
May 18, 2005, during a meeting of the Planning Commission, and on Tuesday, June 21,
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
Chdsti and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is
amended by granting a change of zoning from "R-1 B" One-family Dwelling District to an
"AB" Professional Office District with a Special Permit for a motor bank as an extension
of the existing bank on Everhart Road, a parking lot and office uses, subject to a site
plan and eight (8) conditions, on Gardendale Unit 2 Subdivision, Block 8, Lots 33 and
34, located along Bonner Drive and 175 feet east of Everhart Road, as shown on the
attached Exhibit. (Map 044036)
USE: The only use authorized by this Special Permit other than the basic "AB"
Professional Office District uses in Gardendale Subdivision Unit 2, Block 8, Lots 33
and 34, is the development of a motor bank with up to six (6) drive through lanes as
an extension of the existing bank, a parking lot and office uses.
H:\LEG-DIR\Joseph~oning-05\0505-03SpecialPermit.doc
Page 2 of 4
SETBACK: A 25 foot minimum building setback and parking setback along the
front 1or lines of the subject properties shall be maintained. No parking is allowed
within the front 25 feet of Lots 33 and 34.
DRIVEWAY: Only one driveway shared between Lots 33 and 34 is permitted.
SCREENING: A six (6) foot tall solid screening fence shall be maintained along
the north and east boundary line of Lot 33 the subject property.
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 Lot 33 and shall not be within the front setback
area. Screening of the trash receptacle with a six (6) foot solid fence is required.
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.
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 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
H:\LEG-DIR\Joseph~oning-05\0505-03SpecialPermit,doc
Page 3 of 4
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 21'tday of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor, The City of Corpus Christi
APPROVED j~-~ (~
Assistant City A~orney
For Ci~ Afforney
2005
H:\LEG-DIR\Joseph~Zoning-05\0505-03SpecialPermit doc
Page 4 of 4
Corpus Christi1 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,
Henw Ga~eff
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H%EG-DIR\Joseph~oning-05\0505-03SpecialPermit.doc
25 foot Building Setback Line
Shared access drive required
No Parking with in first 25 feet
NORTH
12
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 6/21/05)
Case No. 0505-05- Oak Properties: A change of zoning from an "A-I" Apartment House District
to a "R-lB" One-family Dwelling District. The property is 19.96 acres out of Flour Bluff and Encinal
Farm and Garden Tracts, Section 48, Lots 31 and 32, located along the northeast comer of Flour Bluff
Drive and Don Patricio Road.
Plannim! Commission and Staff's Recommendation (5/18/05}: Approved of an "R-lB" One-family
Dwelling Dislrict as submitted.
Requested Council Action: Approval of an "R-lB" One-family Dwelling District and an adoption of
the attached ordinance.
Purvose of Request: Development of a 144-unit single-family subdivision
Summary:
The applicant is requesting a change of zoning to "R-lB" One-family Dwelling District for the
development of a 144-1ot single-family subdivision.
Residential development m the "R-lB" Dismct is permitted at a density of 7.26 dwelling units
per acre or 144 units on 19.96 acres of the subject property. An "A-l" District permits a density
of 21.78 dwelling units per acre or 434 units on the subject property. The change of zoning will
reduce the number of units permitted on the subject property, thereby reducing the number of
vehicle trips.
A "R-lB" District requires a front yard of 25 feet with a side and rear yard of five (5) feet each.
The "A-I" District requires a front yard setback of twenty (20) feet w/th a side and rear yard of
five (5) feet each for single-family and duplex uses, or ten (10) feet each for the first floor of a
multiple-family use, plus an additional five (5) feet for each additional floor.
The "R-lB" District limits the building height to 35 feet not to exceed three (3) stories while the
"A-I" District building height is limited to 45 feet not to exceed three (3) stories.
The proposed 144-1ot single-family development will generate approximately 1,440 daily trip
ends. Traffic generated by this development will access Flour Bluff Drive, a rural arterial and
Don Patricio Road, a rural collector. Minimal impact on the adjacent street systems should occur.
The Transportation Plan recommends Flour BluffDrive be improved to an arterial roadway, as
well as, Don Patricio Road, as a collector.
Recommendation: Approval of an "R-lB" One-family Dwelling District.
Apvlicanf's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Of the 24 notices mailed to the surrounding property owners, zero were returned in favor
and two were returned in opposition. The 20% rule Is not invoked. This case is considered non-
controversial.
Agenda Memorandum
0505-05 (Oak Properties)
Page 2
'"-'-3
Michael N Gunning, AICP
Assistant Director of Development Services
MG/FGMJgp
Attachments:
1 ) Zoning Report
2) Planmng Commission Minutes
3) Ordinance
H:SP LN-DIR~SI I AKED\GaiI\WORD'~AGENDM EM~005hM aye05054)5AGENDAM EMO doc
CITY COUNCIL
ZONING REPORT
Case No.: 0505-05
Planning Commission Hearing Date: May 18, 2005
Applicant: Oak Properties
Owner: Same as applicant
Agent: Urban Engineering - Xavier Galvan
Legal Description/Location: Being 19 96 acres out of Flour Bluff and Encinal Farm and
Gardens Tracts, Section 48, Lots 31 and 32, located along the northeast comer of Flour
BluffDrive and Don Patncio Road.
~ From: "A-1" Apartment House District
..~ To: "R-lb" One-family Dwelling District
= ~ Area: 19.96 acres
Purpose of Request: Development of an 144-unit single-family subdivision
Zoning Existing Land Use
Site "A-I" Apartment House Undeveloped land
Dislrict
North "R-E" Residential Estate Vacantlots
District
South "R-2" Multiple Dwelling Low and medium density
District and "B-4" General residential uses and
Business bisect scattered retail uses
East "A-I" Apartment llousc Undeveloped land
District
West "R-lb" One-family Dwelling Undevelopedland
District
Future Land Use
Residential Estate
Residential Estate
Multi-family and general
business uses
Rcsidential Estate
Low and multiple density
residential
Area Development Plan: Flour Bluff- Ihe requested "R-lb" District is consistent with the
future land use map.
Map No.: 036031
Zoning Violations: None
Zoning Report
Case No. 0505-05 (Oak Properties)
Page 2
The applicant is requesting a change of zoning to "R-lB" One-family Dwelling
District for the development of a 144-1ot single-family subdivision.
Residential development in the "R-lB" District is permitted at a density of 7.26
dwelling units per acre or 144 units on 19.96 acres of the subject property. An
"A-I" District permits a density of 21.78 dwelling units per acre or 434 units on
the subject property. The change of zoning will reduce the number of units
permitted on the subject property, thereby reducing the number of vehicle trips.
A "R-lB" District requires a front yard of 25 feet with a side and rear yard of five
(5) feet each. The "A-I" District requires a front yard setback of twenty (20) feet
with a side and rear yard of five (5) feet each for single-family and duplex uses,
or ten (10) feet each for the first floor of a multiple-family use, plus an additional
five (5) feet for each additional floor.
The "R-lB" District limits the building height to 35 feet not to exceed three (3)
stories while the "A-I" District building height is limited to 45 feet not to exceed
three (3) stories,
The proposed 144-1ot single-family development will generate approximately
1,440 daily trip ends. Traffic generated by this development will access Flour
BluffDrive, a rural arterial and Don Patricio Road, a rural collector. Minimal
impact on the adjacent street systems should occur. The Transportation Plan
recommends Flour Bluff Drive be improved to an arterial roadway, as well as,
Don Patricio Road, as a collector.
Street
Flour Bluff Drive
Don Patricio Road
Type Paved Section Volume
(2001)
Rural arterial 60' ROW w/26' paved sec 9,944 a.v.t.
(95' R.O.W.w/60'Bkto Bk)
Rural collector 40-fool right-of-way with a Not available
20-foot wide rural paved
section
The subject property is not platted.
Zomng Report
Case No. 0505-05 (Oak Properties)
Page 3
The change of zoning from an "A-I" Apartment House District to a "R-lB" District will
reduce the number of units permitted on the subject property, thereby reducing the
number of vehicle trips along the adjacent roadways.
Approval of the "R-lB" One-family Dwelling District
Approved.
'~ '~ Number of Notices Mailed
el .;" Favor 0
el ~ Opposition 1
~' ~ (As of May 13, 2005)
24
Attachment: Zoning Map
H:~PLN DIRXSIL~RED\Gail\WO]KD~ZONI~TS~005hMay\0505~05CCReporr doc
RE
3
B-3
R-lB
R-lB
A-1
R.I=
SUBJECT
PARCEL
A-2
I-2
S~
NORTH
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - May 18, 2005
b. Case No. 0505-05 Oak Properties: "A-1" Apartment House District to a "R-lB" One-family
Dwelling District
Being 19.96 acres, out of Flour Bluff and Encinal Farm and Garden Tracts, Section 48, Lots 31 and 32,
located along the northeast comer of Flour Bluff Drive and Don Patricio Road
Request: Change of zoning from "A-I" Apartment House District to "R-lB" One-family
Dwelling District
Excerpts from Zoning Report
Legal Descriptiot~/Location: Being 19.96 acres, out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 48, Lots 31 and 32, located along the northeast corner of Flour Bluff
Drive and Don Patricio Road
Purpose of Request: Development of an 144 unit single family subdivision
Area Develop~nent Plan: Flour Bluff The requested "R-lB" District is consistent with the
future land use map
Department Comments: the change of zoning from an "A-1 "Apartment House District to a
"R lB" District will reduce the number of units permitted on the subject property, thereby
reducing the number of vehicle trips along the adjacent roadways
Staff Recommendation: Approval of the "R-lB" One-family Dwelling District
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The
zoning report and tape are on file.
Mrs. Goode-Macon stated that the property is located on Flour Bluff Drive and Cornerstone
Drive The applicant is requesting a change of zoning of "A-i' Apartment House District to "R- 1B"
One-family Dwelling District for the development ora 144 single family subdivision. The subject
property consists of 19.96 acres. The applicant's intentions are to reduce the number of units allowed by
right in the "A-I" Apartment House District to what is allowed with the "R-lB" One-family Dwelling
District. Staffis recommending the approval of a "R-lB" One-family Dwelling District. This also meets
the future land use plan that calls for low density residential. Twenty four notices were mailed with none
in favor and two in opposition.
Public hearing was opened.
Chip Urban, Urban Engineering, 2725 Swanter, represented the owner of the property.
In response to Commissioner Mims question, Mr. Gunning stated that he would research the
information regarding capital improvements for Flour BluffDrive.
Planning Commissmn Minutes
0505-05 (Oak Properties)
Page 2
Robert Knowles, 4709 Sea Island, owner 1101 Cornerstone, stated that he is in favor of the
zomng change. As a property owner of the es~te area, he would much prefer to have single family
dwelling there rather than apartment community.
Public hearing was closed.
Motion was made by Commissioner Zamora, seconded by Commissioner Mims to approve. The
motion passes unanimously with Vice Chairman Stone being absent.
H:~PLN-DIR~HARED\GaiI\WORD~AGENDMEM~005hMayS0505-05 Minutes Excerpt.doc
Page 1 ol~ 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY OAK PROPERTIES, BY CHANGING THE ZONING MAP IN
REFERENCE TO BEING 19.96 ACRES OUT OF FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS, SECTION 48, LOTS 31 AND
32, FROM "A-I" APARTMENT HOUSE DISTRICT TO "R-lB" ONE-
FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE
PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Oak Properties 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,
May 6, 2005, during a meeting of the Planning Commission, and on Tuesday, June 21,
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 19.96 acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 48, Lots 31 and 32, located along the northeast corner of
Flour Bluff Drive and Don Patdcio Road, from "A-l" Apartment House District to "R-1 B"
One-family Dwelling District. (Map 036031)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the Ci~ 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 21 st day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Arrnando Chapa
City Secretary
APPROVED
Assistant City Attomey
For City Attorney
2005
Henry GarTett
Mayor, The City of Corpus Christi
Page 3 o[ 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,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
13
CITY COUNCIL
AGENDA MEMORANDUM
DATE: June 21, 2005
SUBJECT: Parking Restrictions
AGENDA ITEM:
A. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES
ON CERTAIN STREETS, BY PROHIBITING PARKING ON THE FOLLOWING STREET
SECTIONS:
1. E. Port Avenue, north side, From N. Mesquite Street to a point 522 feet east of Sam
Rankin Street; south side, from N. Mesquite Street to Sam Rankin Street.
2. Sam Rankin Street, both sides, from E. Pod Avenue to Brewster Street.
3. Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street.
4. N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181.
5. E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street.
6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37.
B. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-253, SCHEDULE IV, STOPPING, STANDING, OR PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY PROHIBITING
PARKING BETWEEN 5:30 P.M. AND 2:00 A.M. ON THE FOLLOWING STREET
SECTIONS:
1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37.
2. E Pod Avenue, north side, from Sam Rankin Street to a point 522 feet east.
ISSUE: Establish no parking restrictions along the designated streets to increase
the safe and expedient ingress and egress of vehicular traffic.
REQUIRED COUNCIL ACTION: Roadside-parking restrictions for distances
exceeding a continuous distance 1500 feet require City Council approval.
RECOMMENDATION: Approval of the proposed ordinance as presented.
?
Escobar, P.E.
or of Engineering Services
ADDITIONAL SUPPORT MATERIAL: 1. Exhibit A - Background Information
2. Exhibit B- Site Map
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
City staff in conjunction with management officials from American Bank Center,
Concrete Street Amphitheater, Port of Corpus Christi and Whataburger Field
have developed a comprehensive traffic control plan to minimize traffic
congestion and traffic hazards for the traveling public attending the multitude of
organized events within the area North of I H 37. As part of the overall traffic
control planning process no parking restrictions will be established on East Port
Avenue. Hirsch Street, Sam Rankin Street, Brewster Street, North Tancahua,
North Mesquite Street and North Chaparral Street (Exhibit 1).
1. E. Port Avenue, North side, from N. Mesquite Street to a point
522 feet east of Sam Rankin Street; South side, from N.
Mesquite Street to Sam Rankin Street. (No Parking)
2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster
Street. (No Parking)
3. E. Hirsch Street, both sides, from N. Mesquite to N. Chaparral.
(No Parking)
4. Brewster Street, both sides, from N. Chaparral Street to Sam
Rankin Street. (No Parking)
5. N. Tancahua Street, both sides, from E. Port Avenue to U.S.
181. (No Parking)
6. N. Chaparral Street, both sides from Harbor Drive to I. PI. 37.
(No Parking)
7. N. Mesquite Street, both sides from Harbor Drive to I. H. 37.
(No Parking, 5:30 P.M. to 2:00 A.M.)
8. E. Port Avenue, North side, from Sam Rankin to a point 522 feet east.
(No Parking, 5:30 P.M. to 2:00 A.M.)
These streets are key entrance and exit routes for the traffic going to and from
the event sites located within this area..Roadside parking along these routes has
an adverse impact on traffic flow, pedestrian safety and emergency vehicle
response.
A total of 109 notification letters were sent out to all property owners adjacent to
the street right of ways in question informing them of the Traffic Advisory
Committee meeting and the Public Hearing that was held on May 23, 2005 with
reference to the proposed parking restrictions. Ms. Bevedy Randolph, of 1319
Chaparral, was the only resident who attended the public hearing to say she
would be affected by the proposed parking restrictions.
EXH IB['I' "A'
Page 1 of 2
Ms. Randolph would loose one parking space in front of her home as a result of
the proposed parking restrictions. She has off street parking for three vehicles in
her parking garage and driveway.
Mr Joe McComb has a warehouse on the corner of Tancahua and Power Street
that he says will be adversely affected by the parking restrictions. Although he
did not attend the public hearing, Staff did meet with him to discuss his
concerns. Mr. McComb would loose parking along the Tancahua side of his
warehouse. His building has access on Power Street where he has a driveway
and large sliding doors to access the building. Staff does not recommend his
building have driveway access along Tancahua because the building is to close
to the property line on that side.
Traffic Advisory Committee Recommendation. The Traffic Advisory Committee
voted unanimously in favor of the proposed parking restrictions.
Impact of Parkinq Restriction on Abutting Properties: The proposed parking
restrictions have not caused any appreciable negative impact on abutting
properties. Temporary no parking restrictions have been in effect since April 23,
2005 and we have not received any known complaints. The temporary parking
restrictions have had a substantial positive impact on traffic flow in and out of
the area. We have done drive by surveys of the streets under consideration at
different times of day for the last two weeks and have not observed any
problems that can not be accommodated with side street parking and existing
off-street parking.
Justification for Full Time Parkinq Restrictions: Because minimal roadside
parking has been observed on East Port Avenue, Hirsch Street, Sam Rankin
Street, Brewster Street, North Tancahua and North Chaparral Street, Staff
acknowledges that the majority of roadside parking that would occur on these
streets would be from traffic generated by events at the Whataburger Field,
Heritage Park, American Bank Center or the Concrete Street Amphitheater. A
full time (signed) parking restriction would eliminate the need for a more costly
installation of parking restriction signs if the restrictions were implemented only
for during events. The parking restriction would be supplemented with a "tow-a-
way" zone.
Justification for Limited Parking Restrictions:, Because of existing businesses,
apartments and homes Staff is proposing to limit no parking restrictions along
North Mesquite Street from 5:30 P.M. to 2:00 A.M. This will be sufficient to
accommodate expected traffic generated by the venues along these corridors.
Most of' the events will take place after the hours of 5:30 P.M. and before 2:00
a.m.
Action: Staff respectfully request approval of the No Parking restrictions as
presented.
EXHIB~' "A'
Page 2 of 2
-- NO PARKING ANYTIME
NO PARKING (5:30PM - 2:00AM)
~HIB~: 'B'
SUB.1ECT: PROPOSED PARKING RESTRICTIONS
FiLE II~rO: H:~H<:)ME~BD~4dR~GE~I~tuff for 'eng.\no ~urkJng up~=te.d~9 1-1 06/02/05 16:0~ b*~vidr
- AREA MAP -
Traffic Englneeflng Div.
.o XR~S ^~E--~lneerlng Services Dept.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-252, SCHEDULE III, PARKING
PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY
PROHIBITING PARKING ON THE FOLLOWING STREET
SECTIONS:
1. E. Port Avenue, north side, from N. Mesquite Street to a
point 522 feet east of Sam Rankin Street; south side, from
N. Mesquite Street to Sam Rankin Street.
2. Sam Rankin Street, both sides, from E. Port Avenue to
Brewster Street.
3. Brewster Street, both sides, from N. Chaparral Street to
Sam Rankin Street.
4. N. Tancahua Street, both sides, from E. Port Avenue to U.S.
181.
5. E. Hirsch Street, both sides, from N. Mesquite Street to N.
Chaparral Street.
6. N. ChaparralStree~ both sides, from U.S. 181 to I.H. 37.
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 53-Traffic, Section 53-252, Schedule II1, Parking prohibited at
all times on certain streets, by prohibiting parking on the following street sections:
E. Port Avenue, north side, from N. Mesquite Street to a point
522 feet east of Sam Rankin Street; south side, from N.
Mesquite Street to Sam Rankin Street.
2. Sam Rankin Street, both sides, from E. Port Avenue to Brewster
Street.
3. Brewster Street, both sides, from N. Chaparral Street to Sam
Rankin Street.
4. N. Tancahua Street, both sides, from E. Port Avenue to U.S.
181.
H:~LEG-D[R~Joseph\Ord-Trf-NoPk-Port.doc
5. E. Hirsch Street, both sides, from N. Mesquite Street to N.
Chaparral Street.
6. N. Chaparral Street, both sides, from U.S. 181 to I.H. 37.
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53-252. Schedule III- Parking prohibited at all times on certain streets.
Brewster Street, both sides, from N. Chaparral Street to Sam Rankin Street.
E. Port Avenue, north side, from N. Mesquite Street to a point 522
feet east of Sam Rankin Street; south side, from N. MesQuite
Street to Sam Rankin Street.
N. Tancahua Street, both sides, from E. Port Avenue to U.S. 181.
Sam Rankin Street, both sides, from E. Port Avenue to Brewster Street.
E. Hirsch Street, both sides, from N. Mesquite Street to N. Chaparral Street.
N. Chaoarral Street, both sides, from U.S. 181 to I.H. 37.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
H:~LEG-DIR~Joseph\Ord-Trf-NoPk-Port.doc
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus
Christi.
SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
SECTION 5. That upon wdtten request of the Mayor or five council members,
copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such
finding of an emergency is made and declared requiring suspension the Charter
rule as to consideration and voting upon ordinances at two regular meetings so
that this ordinance is passed and shall take effect upon first reading as an
emergency measure this the 21st day of June, 2005.
A'I-FEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to legal form
By:
Joseph Ha~ey
Assistant City Attorney
For City Attorney
,2005.
H:~LEG-DIR~oseph\Ord-Trf-NoPk-Port.doc
Corpus Christi, Texas
day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: INVe, 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,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:~LEG-DIRUoseph\Ord-Tr£-NoPk-Port.doc
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-253, SCHEDULE IV, STOPPING,
STANDING, OR PARKING PROHIBITED DURING CERTAIN
HOURS ON CERTAIN STREETS, BY PROHIBITING PARKING
BETWEEN 5:30 P.M. AND 2:00 A.M. ON THE FOLLOWING
STREET SECTIONS:
1. N. Mesquite Street, both sides, from U.S. t81 to I.H. 37.
2. E. Port Avenue, north side, from Sam Rankin Street to a
point 522 feet east.
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 53-Traffic, Section 53-253, Schedule IV, Stopping, standing,
or parking prohibited during certain hours on certain streets, by prohibiting
parking between 5:30 p.m. and 2:00 a.m. on the following street sections:
1. N. Mesquite Street, both sides, from U.S. 181 to I.H. 37.
2. E. Port Avenue, north side, from Sam Rankin Street to a point
522 feet east.
CHAPTER 53 TRAFFIC
ARTICLE VIII. SCHEDULES
Sec. 53-253. Schedule IV- Stopping, standing or parking prohibited during
certain hours on certain streets.
Name of Street Hours Stopping, Standing
or Parking Prohibited
H:~LEG-DIRUoseph\Ord-Trf-N oPk-Port2.doc
Mesuite Street, both sides,
from U.S. 181 to I.H. 37
E. Port Avenue, north side,
from Sam Rankin Street to a
point 522 feet east.
Between 5:30 D.m.
and2:00 a.m.
Between 5:30 pm.
and 2:00 a.m.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi as required by the City Charter of the City of Corpus
Chdsti.
SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
SECTION 5. That upon written request of the Mayor or five council members,
copy attached, to find and declare an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs, such
finding of an emergency is made and declared requiring suspension the Charter
rule as to consideration and voting upon ordinances at two regular meetings so
that this ordinance is passed and shall take effect upon first reading as an
emergency measure this the 21st day of June, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
H:kLEG-DIRkJoseph\Ord-Tff-NoPk-Port2.doc
Approved as to legal form
By:
Joseph ~ n~ey (~'
Assistant City Attorney
For City Attorney
,2005,
H:LLEG-DIRXJoseph\Ord-Trf-NoPk-Port2.doc
Corpus Chdsti, Texas
day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: INVe, 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,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:~LEG-DIR'doseph\Ord-Trf-N oPk-Port2 .doc
14
AGENDA MEMORANDUM
SUBJECT: Ordinance calling the September 10, 2005 Special Election
The attached ordinance authorizes the City of Corpus Christi Special Election to be held
on Saturday, September 10, 2005 on the question of prohibiting all smoking inside
restaurants. In the ordinance, I am recommending the following early voting locations:
Main Early Voting Polling Place
Northwest Site
Westslde Site
Southside Site
Flour Bluff Site
Central Site
City Hall, 1201 Leopard
Hilltop Community Center, 11425 Leopard
Greenwood Senior Citizen Center, 4040 Greenwood
C.C. Area Council for the Deaf, 5151 McArdle
Nueces County Building, 10110 Compton Road
Nueces County Courthouse, 901 Leopard
Mobile voting sites are included as Attachment B of this ordinance.
Approval of this ordinance today provides sufficient time to seek preclearance from the
United States Department of Justice for the election. In addition to establishing
procedures for the election, providing for notice, and establishing early voting, mobile
voting, and election day polling places, the ordinance also authorizes the City Secretary
to contract with Nueces CounLy for the use of tabulation equipment, various supplies,
and the printing of ballots for the Special Election.
Armando Chapa
City Secretary
AN ORDINANCE
ORDERING A SPECIAL ELECTION TO BE HELD ON SEPTEMBER
10, 2005, IN THE CITY OF CORPUS CHRISTI ON THE QUESTION
OF PROHIBITING ALL SMOKING INSIDE RESTAURANTS;
PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION;
PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION
THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH
EARLY POLLING PLACES; DESIGNATING POLLING PLACE
IX)CATIONS; AUTHORIZING THE CITY SECRETARY TO
CONTRACT WITH THE NUECES COUNTY ELECTION OFFICER
FOR F_,~UIPMENT, SUPPLIES~ AND PRINTING NECESSARY TO
CONDUCT THE ELECTION; ENACTING PROVISIONS INCIDENT
AND RELATING TO THE SUBJECT AND PURPOSE OF THIS
ORDINANCE; AND DECLARING AN EMERGENCY.
WHEREAS, on January 13, 2005, five registered voters of Corpus Christi
filed with the City Secretary a statement of intent to circulate petitions and
request for reconsideration of Ordinance No. 026094; and
WHEREAS, the City Council did not reconsider Ordinance No. 026094, and
pursuant to the City Charter, the City Secretary issued to the five registered voters
pages constituting the Petition Calling For Referendum to Repeal Ordinance No.
026094; and
WHEREAS, a petition was circulated and submitted to the City Secretary
for verification and was certified to have valid signatures at least equal to five
percent of the registered voters of the City, and the City Council hereby
determines by passage of this ordinance not to repeal Ordinance No. 026094; and
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that
municipal authorities shall order elections pertaining to municipal affairs, and
other provisions of the Election Code provide for noticc, appointment of officers to
hold the election, and other matters related to the holding of the election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT;
SECTION 1. A special city election (hereinafter the ~Election') for the
purpose of submitting to the voters the question whether Ordinance No. 026094
shall be repealed shall be held in the City of Corpus Christi, Texas on September
10, 2005.
SECTION 2. At the election all qualified voters of the City of Corpus Christi
shall be permitted to vote.
SECTION 3. Precinct ballot counters shall be employed at the election in
accordance with the Texas Election Code and the Election shall be held at the
polling places in the regularly prescribed precincts of the City of Corpus Christi,
as set forth on Attachment A hereto incorporated by reference and made part of
this ordinance (said Attachment A to be approved and attached when the polling
places in the regularly prescribed precincts are finally determined). The election
shall be held in accordance with the election laws of the State of Texas. The polls
shall be open from 7:00 a.m. Lo 7:00 p.m. on the day of the election.
SECTION 4. The City Secretary shall conduct the Election as directed by
ordinance of the City Council and by law in accordance with the election services
agreement entered into with Nueces County. He is directed to request, if
necessary, to request consideration by the U.S. Department of Justice of the
submission of any change herein which requires preclearance, and to provide
such demographic data and infmmation as required by law.
SECTION 5. Paper ballots and precinct ballot counters shall be used for
the conduct of the Election on election day and for early voting. Early voting in
person at each of the following temporary branch polling places shall be
conducted from 8:00 a.m. to 5:00 p.m., Monday through Friday, beginning on
August 24, 2005 and ending on September 6, 2005.
Northwest Site
Westside Site
Southside Site
Flour Bluff Site
Central Site
Hilltop Community Center
Greenwood Senior Citizen Center
C.C Area Council for the Deaf
Nueces County Building
Nueces County Courthouse
11425 Leopard
4040 Greenwood
5151 McArdle
10110 Compton Road
901 Leopard
Such early voting in person will be conducted at the Main Early Voting Polling
Place located at City Hall in the lobby adjacent to the Utilities Business Office,
1201 Leopard at the following dates and times:
August 24, 2005 through August 26, 2005:
August 29, 2005:
August 30, 2005 through September 2, 2005:
September 6, 2005:
8:00 am to 5:00 pm
7:00 am to 7:00 pm
8:00 am to 5:00 pm
7:00 am to 7:00 pm
In addition, early voUng in person may be conducted at the mobile temporary
branch polling places set forth in Attachment B hereto incorporated by reference
and made a part of this ordinance, during the days and hours specified therein.
The City Secretm3~ is authorized, in the event of m~ emergency, preventing any of
the designated polling places from being utilized, to provide for suitable
replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts.
SECTION 6. The City Secretary is directed to post and publish such
election notices as are required by the Election Laws of the State of Texas. The
City Secretary is further appointed as the authority and officer responsible for the
conduct of said election and is hereby authorized and directed to make all
necessary arrangements for the holding of said election in accordance with and
subject to the laws of this State including but not limited to contracting on behalf
of the City Council with the Nueces County Election Officer in accordance with
Chapter 31, Subchapter D, Election Code, for the use of tabulation equipment,
supphes and pnnting of ballots for the Special Election, for costs of the election,
in accordance with certification of funds.
SECTION 7. At the Election, the voters shall be presented with the
following proposition (in English and Spanish) in the form prescribed by the Texas
Election Code:
PROPOSITION
FOR
AGAINST
Ordinance No. 026094, which prohibits all smoking
inside restaurants.
SECTION 8. By approving and signing this ordinance, the Mayor officially
confirms as his action all matters recited in this ordinance which by law come
within his jurisdiction.
SECTION 9. If for any reason any section, paragraph, subdivision, clause,
phrase, word, or provision of this ordinance shall be held invalid or
unconstitutional by final judgement of a court of competent jurisdiction, it shall
not affect any other section, paragraph, subdivision, clause, phrase, word, or
prowsion of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof b
given full force and effect for its purpose.
SECTION 10. The fact that it is necessary and essential that the governing
body of the City of Corpus Christi order elections pertaining to municipal affairs,
that the notice of such election should be promptly posted and published, that a
special City election shall be held on the second Saturday in September 2005, and
that the requirements of the Voting Rights Act of 1965 may be timely met, and
immediate action is necessary for the efficient and effective administration of the
city's affairs, creates a public emergency and an imperative public necessity
requiring the suspension of the Charter Rule that no ordinance shall be passed
finally on the date of its introduction by that such ordinance shall be read at two
meetings of the City Council, and the Mayor, having declared that such emergency
and necessity exists, having required the suspension of the Charter Rule and that
this ordinance be passed finally on the date of its introduction and take effect and
be in full force and effect from and after its passage, the Council hereby finds that
such emergency and necessity do exists, and IT IS ACCORDINGLY SO
ORDAINED, this the day of June, 2005
ATTEST:
City Secretary
APPROVED: /~ day of June, 2005
MARY KAY FISCHER, CITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI
E
E
0
0
0
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 emer-
gency 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 Charier rule and pass this ordinance finally on the date it is introduced or at the
present meeting of the City Council.
Respectfully,
Respectfully,
Henry GarreU
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
15
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Corpus Christi Regional Economic Development Corporation Quarterly Report
OUTSIDE PRESENTER(S):
Name Title/Position Or~lanizatJon
Ron Kitchens, CEO/President, C.C. Regional Economic Development Corp.
ISSUE:
Quarterly update to City Council regarding current economic development issues
and efforts by the Corpus Christi Economic Development Corporation to encourage
and cause retention, expansion and recruitment of industrial, manufacturing,
distribution and service employers.
REQUIRED COUNCIL ACTION:
No action required.
Additional Background
Exhibits
Assistant City Manager
16
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDAITEM:
Presentation on Reuse of Memorial Coliseum
PRESENTER(S):
Name
Title/Position
Oscar Martinez Assistant City Manager - Administrative Services
ISSUE:
The City is interested in exploring ways the Memorial Coliseum can be reused to the
benefit of the community. To provide the City with viable options from parties
interested in proposing reuse plans the City intends to issue a Request for
Qualifications. From the list of respondents, the City will select one or more of the
most qualified and request the submission of specific proposals_ Each proposal will
be evaluated and one possibly selected for contract negotialJons to implement plans
for the reuse of the Coliseum.
REQUIRED COUNCIL ACTION:
No action required.
Additional Background
Exhibits
Oscar Martinez
Assistant City Manager
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation of FY 05-06 Enterprise Funds
STAFF PRESENTER(S):
Name TIUelPosition Deoartment
Oscar Martinez Assistant City Manager-Administrative Services
Eddie Houlihan Assistant Budget Director
REQUIRED COUNCIL ACTION:
No formal action is required at this time. First and second readings on budget
Adoption are scheduled for July 19~ and July 26~ respectively.
Assistant Budget Director
Power Point Presentation
Exhibits