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HomeMy WebLinkAboutAgenda Packet City Council - 01/17/2006 CITY COUNCIL AGENDA JANUARY 17,2006 Corpus Christi AII-America cnv 11 :45 A.M. - Commendation: Kaitlin Petrillose, Gymnastics Commendations: Express '91 Girls Soccer Team AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 17, 2006 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es Iimitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. 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 Reverend E. F. Bennett. 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 T em Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of January 10, 2006. (Attachment #1) Agenda Regular Council Meeting January 17, 2006 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving the purchase of one truck mounted excavator from Waukesha Pearce Industries, of Corpus Christi, Texas in accordance with Bid Invitation No. BI-0074-06, based on only bid for the total amount of $248,840. This unit is purchased for the Storm Water Department and is a replacement to the fleet. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment #2) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 17. 2006 Page 3 3. Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG- 06-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $100,959.33. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or his designee. Funds have been requested by Senior Community Services in FY 2005-2006. (Attachment #3) La Batt Food Service Corpus Christi. TX 131 Items $46,295.78 PFG Victoria. TX 85 Items $54,663.55 Grand Total: $100,959.33 4. Resolution authorizing the City Manageror his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO-OP), an outdoor recreation program for youth participating in the City's summer program. (Attachment #4) 5.a. Resolution authorizing the City Manager or his designee on behalf of the Regional Health Awareness Board, to accept a grant from Port Industries of Corpus Christi in the amount of $26,250 for administrative expenses related to operation of the Board. (Attachment #5) 5.b. Ordinance appropriating a grant on behalf of the Regional Health Awareness Board in the amount of $26,250 from Port Industries of Corpus Christi in the No. 1066 Health Grants Fund for administrative expenses related to operation of the Board. (Attachment #5) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 17, 2006 Page 4 6 Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the Contract for Professional Services with Shiner Moseley, of Corpus Christi, Texas in the amount of $390,700 subject to availability of funds, to the Cefe Valenzuela Landfill for a Solid Waste Citizen Collection Center and Transfer Station at the J. C. Elliott Landfill. (Attachment #6) 7 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to a construction contract with Akerman Construction, of Purcell, Oklahoma in the amount of $139,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing Project Base Bid One for the relocation of the entry point. (Attachment #7) 8. Motion authorizing the City Manager to execute a Deferment Agreement with Peacock Properties, (Developer), in the amount of $74,578.90 for the installation of 1,242 linear feet of off-site, 8- inch PVC sanitary sewer collection line to serve Chris-Rae Addition, Block 1, Lots 6 and 7, located south of SH 358 (South Padre Island Drive) and west of Rodd Field Road, in accordance with the Platting Ordinance Section V-Required Improvements, Subsection A.3.(b). (Attachment #8) 9. Motion approving the Developer/Owner Agreement with Brighton Park Baptist Church, developer of Brighton Park Baptist Church Lot 1, Subdivision, located south of Brooke Road and east of Airline Road to secure the construction of an 8-inch and 12-inch water line infrastructure requirement. (Attachment #9) 10. Second Reading Ordinance - Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-254, Maximum Auto Wrecker Service and Storage fees, providing for fee increases, changing the term "preservation fee" to "impoundment fee" and using "longer that 25 feet" as a trigger to charge large vehicle daily storage fees; all changes of which conform to controlling state law; and providing for penalties. (First Reading 01/10/06) (Attachment #10) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ~ ~ ~ 1: Agenda Regular Council Meeting January 17, 2006 Page 5 I. PUBLIC HEARINGS: ZONING CASES: 11. Case No. 1205-01. Sharon Gilleland: A change of zoning from a "R-1 B" One-family Dwelling District to an "AB" Professional Office District. The property is in the Del Monte Subdivision, Block 5, Lot 13, located at the northwest corner of the intersection of Santa Fe and Indiana Avenue. (Attachment #11) Planning Commission and Staffs Recommendation: Denial of an "AB" Professional Office District and in lieu thereof, approval of a "R-2" Multiple Dwelling District. ORDI NANCE Amending the Zoning Ordinance, upon application by Sharon Gilleland by changing the zoning map in reference to .14 acres out of Del Monte Subdivision, Block 5, Lot 13, from "R-1 B" One-family Dwelling District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 12. Case No. 1205-02. Yorktown Oso Joint Venture: A change in zoning from a "R-1 B" One-family Dwelling District to a "R-1 C" One- family Dwelling District. The property is in Rancho Vista Subdivision, Block 1, Lot 2, Block 2, Lots 2-14, Block 3, Lots 1-14 and Block 5, Lots 9-20, located south of Yorktown Boulevard and 1 ,550 feet east of Airline Road extension and Rodd Field Road. (Attachment #12) Planning Commission Recommendation: Approval of a "R-1 B" One-family Dwelling District with a Special Permit on six (6) lots. Staffs Recommendation: Approval of a "R-1 C" One-family Dwelling District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 17, 2006 Page 6 ORDINANCE Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Venture by changing the zoning map in reference to Rancho Vista Subdivision, Block 2, Lot 7, 11,12 and 13; Block 3, Lot 1; and Block 5, Lot 5, from "R-1 B" One-family Dwelling District to "R-1 B/SP" One-family Dwelling District with Special Permit subject to two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 13. Case No. 1205-03. Patricia Hawn Wallace. Trustee #2: A change in zoning from a "F-R" Farm-Rural District to a "R-1 B" One-family Dwelling District. The property is 33.25 acres out of Lots 22, 23, and 24, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Yorktown Boulevard between Rodd Field Road and the Cayo del Oso. (Attachment #13) Planning Commission and Staffs Recommendation: Approval of a "R-1 B" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Patricia Hawn Wallace, Trustee #2 by changing the zoning map in reference to 33.25 acres out of Lots 22, 23, and 24. Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from "F-R" Farm- Rural District to "R-1 B" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 14. Case No. 1105-07. Arriba Development: A change of zoning from a "R-1 B" One-family Dwelling District to a "B-4" General Business District. The property is a vacant tract of land located north of Up River Road and Interstate 37 at the intersection of Session Road. (Tabled 12/20/05) (Attachment #14) Planning Commission's Recommendation: Approval of a "B-4" General Business District. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 17, 2006 Page 7 Staffs Recommendation: Denial of the "B-4" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Arriba Development by changing the zoning map in reference to 2.5 acres out of B.S. & F. Survey 419, Abstract 570, Nueces County, from "R-1 B" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 15. Case No. 1105-04. Scott Mandel: A change in zoning from a "F- R" Farm-Rural District to a "R-1 B" One-family Dwelling District on Tract 1, a "R-2" Multiple Dwelling District on Tract 2 and a "B-1" Neighborhood Business District on Tract 3. The property is 40.02 acres out of Lots 1 0 and 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts, located east of Cimarron Boulevard and 200 feet south of Brockhampton Street. (Attachment #15) Planning Commission and Staffs Recommendation: Approval of a "R-1 B" One-family Dwelling District on Tracts 1, 2 and 3. ORDINANCE Amending the Zoning Ordinance, upon application by Scott Mandel, by changing the zoning map in reference to 40.02 acres out of Lots 10 and 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts, from "F-R" Farm-Rural Districtto "R-1B" One-family Dwelling District on Tracts 1, 2, and 3; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 17 t 2006 Page 8 J. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 16. Resolution directing the City Manager to develop a program to encourage the future purchase of flexible-fuel plug-in hybrid vehicles for City fleet orders; commit the City to support state and federal policies that will promote flexible-fuel plug-in hybrid vehicles; and work with other local governments, education, business, and the environmental community to encourage the manufacture and purchase of flexible-fuel plug-in hybrid vehicles.(Attachment #16) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 17. Traffic Management at the Arena/Convention Center during Multiple Events (Attachment #17) 18. City's Americans with Disabilities Act Title /I Transition Plan and Non-Discrimination Ordinance (Attachment #18) 19. First Quarter Report of the Health Benefits/Risk Management Fund (Attachment #19) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un inter prete ingles-espanol en la reuni6n de la junta para ayudarle. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 17. 2006 Page 9 PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL SERA TE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the 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. 20. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiation with possible discussion and action related thereto in open session. 21. Executive session under Texas Government Code Sections 551.071 and 551.072 regarding legal and real estate transaction issues relating to the acquisition of property for and permitting of a new wastewater treatment plant to replace the Broadway Wastewater Treatment Plant, with possible discussion and action related thereto in open session. 22. Executive session under Texas Government Code Section551.071 regarding WiFi network, with possible discussion and action related thereto in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 17, 2006 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 23.. CITY MANAGER'S REPORT * Upcoming Items 24. MAYOR'S UPDATE 25. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 1 :30 p.m., January 13, 2006. {t ~ /'vvU\CL 0 rCytO 4.J , Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting January 10,2006 - 10:01 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tern Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Derrick E. Reaves of S1. John Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. Mayor Garrett called for approval of the minutes of the regular Council meeting of December 20, 2005. A motion was made, seconded, and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Cable Communications Commission Connie Gutierrez (Appointed) Commission on Children and Youth Caitlin Martin (Appointed) * * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3-13). Mr. Marez requested that Item 3 be pulled for individual consideration. Mr. Noyola announced that he would be abstaining from the vote and discussion on Item 13. There were no comments from the public. A motion was made, seconded, and passed to approve Items 3 through 13, constituting the consent agenda, except for Item 3, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 10,2006 - Page 2 4 MOTION NO. 2006-002 Motion authorizing the City Manager or his designee to execute a construction contract with Cravens Partners Ltd., of Houston, Texas in the amount of $314,632 for the Concrete Lined Channel Rehabilitation - Flynn Shea Parkway Ditch. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5. MOTION NO. 2006-003 Motion authorizing the City Manager or his designee to execute Amendment No. 6 for Construction Management Services in the amount of $918,000 with Anderson Group Construction Management, Inc., of Corpus Christi, Texas for a revised, not to exceed, total fee of $2,666,840 for various Capital Improvement Projects associated with the 2006 Capital Budget. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6. RESOLUTION NO. 026594 Resolution recognizing the public necessity of acquiring fee simple title to a vacant tract of land containing 0.83 of an acre for the Northwest Library Expansion Project, Bond 2004, for expansion of the existing library facility and other municipal purposes; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring the tract of land. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 7 ORDINANCE NO. 026595 Ordinance authorizing the City Manager or his designee to renew a tive-year Parking Space Lease Agreement with 101 Shoreline, Ltd., for 150 parking spaces located at 221 South Water Street, beginning January 22, 2006, and approving monthly lease amounts of $3,308.59 for the first year, $3,440.93 per month for the second year, $3,578.56 per month for the third year, $3,721.70 per month for the fourth year, and $3,870.56 per month for the fifth year. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 10,2006 - Page 3 8 MOTION NO. 2006-004 Motion authorizing the City Manager or his designee to extend Oracle Real Application Clusters software update and product support from Mythics, Inc., of Virginia Beach, Virginia in the amount of $58,755.84 for the twelve month period beginning January 28, 2006. Mythics, Inc. is an approved Texas Department ofInformation Resources vendor. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 9.a. RESOLUTION NO. 026596 Resolution designating the City Secretary or his designee as the Public Information Coordinator for the Mayor and City Council. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 9.b. RESOLUTION NO. 026597 Resolution directing each Board, Committee, and Commission member to comply with the training requirement of the Texas Public Information Act by designating the City Secretary as the Public Information Coordinator. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10. ORDINANCE NO. 026598 Ordinance abandoning and vacating a 2,814.67-square foot portion of a lO-foot wide utility easement out of Lots 2 & 3, Block 1, Shannon Middle School Tract, located south of and adjacent to South Padre Island Drive (SPID), and east of the Airline Road-SPID intersection; requiring the owner 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, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 10, 2006 - Page 4 II. ORDINANCE NO. 026599 Ordinance abandoning and vacating a 3,002.90-square foot portion of a lO-foot wide utility easement out of Lot 4, Block 1, Sharmon Middle School Tract, located south of and adjacent to South Padre Island Drive (SPID), and east of the Airline Road-SPID intersection; requiring the owner 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, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ] 2. ORDINANCE NO. 026600 Regarding delinquent personal property tax penalty. (First Reading 12120/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 13. ORDINANCE NO. 026601 Amending the Zoning Ordinance by adding Section 26-9 to allow for development of single family dwellings on non-conforming lots of record. (First Reading 12/20/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 3 regarding the North Beach Improvements Project. In response to Mr. Marez's question, City Engineer Angel Escobar replied the city issued a Request for Qualifications (RFQ) last year and the selection committee deemed that Mr. Wright and his team had the necessary experience to complete the project. Mr. Marez stated he had been meeting with all the Corpus Christi Beach stakeholder groups, and he appreciated the fact that city staff had also attended almost every meeting. He thanked staff for their efforts. He said he was excited about the project, and was looking forward to the implementation of the third phase of the project. City Secretary Chapa polled the Council for their votes as follows: -' MOTION NO. 2006-001 Motion authorizing the City Manager or his designee to execute Amendment No.1 to the Contract for Professional Services with John Wright, Architect, of Corpus Christi, Texas in the amount of $53,313 for a total re-stated fee of $59,813 for the North Beach Area Improvements. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting January 10,2006 - Page 5 * * * * * * * * * * * * * Mayor Garrett referred to Item 14.a., and a motion was made, seconded, and passed to open the public hearing on the following variance request: 14.a. Public hearing on request for a variance to operate an establishment with on-premise consumption of alcoholic beverages at an establishment known as Always Bat's located at 4650 Kostoryz Road. Assistant Director of Development Services Michael Gwming reported that Scott Entertainment, Inc. was requesting a variance to allow the on-premises consumption of alcoholic beverages at Always Bats. The establishment was located within 300 feet of a daycare center. In 2003, State law allowed a city to prohibit any person from maintaining a business for the dispensing and sale for on-premise consumption of alcoholic beverages within 300 feet of a church, school, or daycare center, unless the City Council approved a variance to the distance requirement. Per city ordinance, Mr. Gwming said the property owners in the area were mailed a public hearing notice regarding the variance request, and no letters of opposition were received. He said the Always Bat's facility and the daycare facility had been in co-existence since 1981 with no problems; thus, staff recommended approval of the variance. Mayor Garrett called for public comment. Mr. Chris McJunkin, attorney representing the applicant, asked the Council to approve the variance request. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 14.b. RESOLUTION NO. 026602 Resolution granting a variance, under Section 4-5(f) of the Code of Ordinances, to Scott Entertainment, Inc., to operate an on-premise alcoholic beverage establishment located at 4650 Kostoryz Road. 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 referred to Item 15, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-08, Airgas-Southwest, Inc.: A change of zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial District. The property is 0.009 acre out of 3.625 acres of Blue Chip Industrial Tracts, Block 1, Lot 3, located along South Navigation Boulevard and 425 feet south of State Highway 44/ Agnes Street. City Secretary Chapa said the Planning Commission and staff recommended the denial of an "1-3" Heavy Industrial District and in lieu thereof, approval for an "1-2" District with a Minutes - Regular Council Meeting January 10, 2006 - Page 6 Special Permit for two (2) above ground fuel tanks with a gallon limitation of one (1) 1,200 gallon tank and one (1) 4,000 gallon tank, subject to approval from the Zoning Board of Adjustment and Fire Marshall. No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 026603 Amending the Zoning Ordinance, upon application by the Airgas-Southwest, Inc., by changing the zoning map in reference to 0.009 acre out of 3.625 acres of Blue Chip Industrial Tracts, Block 1, Lot 3 (currently zoned "I-2" Light Industrial District) by granting a Special Permit for one (1) 1 ,200 gallon above ground fuel tank and one (1) 4,000 gallon above ground fuel tank, subject to two (2) conditions and a site plan; 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, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 16, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 1105-09, Emilio Cano: A change in zoning from a "F-R" Farm-Rural District to a "R-1B" One-family Dwelling District. The property is 18.24 acres out of Lot 1, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located along Rodd Field Road at Airline Road and south of County Road 26 (future Lipes Boulevard). City Secretary Chapa said the Planning Commission and staff recommended approval of a "R-1B" One-family Dwelling District. No one spoke in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting January 10,2006 - Page 7 16. ORDINANCE NO. 026604 Amending the Zoning Ordinance, upon application by Emilio Cano by changing the zoning map in reference to 18.24 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lot 1, from "F-R" Farm Rural District to "R-IB" 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, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 17, and update on the Wireless Fidelity Broadband Network (WiFi) and Automated Meter Reading (AMR) projects. Director of Municipal Information Systems (MIS) Ogilvie Gericke stated that in addition to the project status reports, staff would be discussing the business and management plans for these projects. He introduced Mr. Leonard Scott, MIS business unit director, to provide an update on the AMR project. Mr. Scott reported the city had completed the AMR pilot project and was now embarking upon a citywide build-out that would take place over the next five years. He said the city was currently reading 4,000 meters twice daily in the pilot areas. Moreover, staff had selected the next area for the Year I build-out, strategically selecting an area adjacent to a pilot area with existing equipment to reduce costs. He said the city would engage in a public awareness campaign to notify the citizens in the build-out areas. He noted that the gas meter replacements would involve the re-lighting of pilot lights by city personnel, and affected residences would be advised with doorhanger notices. Mr. Scott stated the city had ordered the new meters on January 9, and was receiving and storing them now. The installation of the new meters would begin on January 23. Finally, he displayed a ma outlining the implementation areas. Regarding the WiFi project, Mr. Scott reported the design of the network had been completed. He said staff has selected locations to strategically place the WiFi devices throughout the city, pending engineering approval from AEP. The city had ordered and was receiving 1,300 WiFi devices for installation within the next eight months. Installation would begin on January 23 and was scheduled for completion in late August. He pointed out that the WiFi network provided the support and communication link needed for the AMR project. Finally. Mr. Scott displayed a map depicting the four implementation zones in the city. Mr. Brian Anderson with Next Step Consulting provided a brief overview of the WiFi business plan. He said the principal goal for WiFi was to provide connectivity for AMR, public safety, and other government applications, recognizing that there was significant excess bandwidth capacity. Consequently, the City was looking at a plan to establish a business that provided wholesale network services to existing ISPs (Internet Service Providers) so they could provide Internet and network access to consumers. To this end, a non-profit corporation would be created to provide the wholesale services, particularly to dial-up network providers looking Minutes - Regular Council Meeting January 10, 2006 - Page 8 for new ways to re-establish their operations. Mr. Anderson said the plan was to accept $5.00 per month per subscriber per household, noting that the fee would in addition to what the ISPs were currently charging. In addition, Mr. Anderson reported another potential revenue source was from advertising. Mr. Garcia asked for an estimate of potential advertising revenues. Mr. Anderson replied the City could receive $0.30 to $1.20 per click of an ad, tapped through an advertising program offered by Google. Staff used the more conservative estimate of $0.30 in their projections, which they based on reliable statistics. Mr. Anderson reported that staff planned to meet with the ISPs soon to discuss the projections in Years 1 and 2. Mr. Garcia asked Mr. Anderson to update the Council on the projections as soon as they were finalized. Ms. Cooper asked staff to describe the function of the proposed non-profit corporation. Mr. Jimmy Bray, attorney-at-law, stated the basic proposal was to govern the network through a local government corporation, a non-profit corporation authorized by statute to assist a local government to accomplish any governmental purpose. The city, for example, used a similar corporation to assist with the Packery Channel project. The corporation provided several advantages by creating an entity with a sole focus on the project, and also by insulating the city from liabilities. The corporation would be created by a City Council resolution approving the Articles of Incorporation and by-laws. The network would serve to improve the delivery of city services at reduced cost and promoting economic prosperity and jobs. The proposed name of the corporation was the Corpus Christi Electronic Communications Development Corporation. The resolution recognized that the participation of partners, such as business groups, community groups, other governmental entities, and educational institutions, was beneficial to the project's viability. Mr. Bray further explained that the Articles of Incorporation and the bylaws would establish the structures and powers of the corporation. The corporation would consist of a five- member board of directors appointed by the City Council for four-year staggered terms. The Board would be directed to form an advisory committee or committees of stakeholder groups to obtain input on the project. Finally, the City Manager would serve as the Chief Executive Officer, the City Secretary as secretary, and the Finance Director as treasurer. After the corporation was formed, the corporation and the City would enter into a contract detailing the scope of their duties and governance over the network. In conclusion, Mr. Gericke reported the next steps in the process were to seek Council approval during January or February 2006 for the following actions: the creation of a corporation, its articles, and bylaws; a business plan; and a contract with the corporation. Mr. Kinnison asked if the business plan would have detailed operational five-year projections. Mr. Gericke replied affirmatively. Mr. Kinnison asked what the objective of the cash flow was in the business plan. Mr. Gericke replied the objectives were to repay capital on the WiFi project, cover operational expenses, and fund future enhancements. He said the City was also expending funds for consulting services. Mr. Kinnison asked for an example of the proposed $5 per subscriber fee. Mr. Anderson replied there were several dial-up ISP companies, such as Awesome Net, in the city that could Minutes - Regular Council Meeting January 10, 2006 - Page 9 partner with the city and offer an upgrade to their existing subscribers for high-speed Internet access. He said studies have shown that a large number of the city's residents were still using dial-up Internet access. Thus, it was an excellent opportunity for local businesses, and a way for the city to lower its marketing costs since the dial-ups would market to their existing customers. Mr. Kinnison noted that Awesome Net was not on the list of WiFi partners that staff had provided in their presentation materials. Mr. Gericke replied that Awesome Net was not on the list now, but staff would be meeting with them later in the week because they had expressed tremendous interest in the project. City Manager Noe added that the list of partners evolved daily. Mr. Kinnison asked how close the city was to signing agreements with the major partners on the list, like SBC and Sprint. Mr. Bray replied the plan was to establish the corporation first, and then allow the corporation to enter into agreements with the different partners. One suggestion was to have the corporation develop uniform agreements for each class of partners to ensure equal treatment. Mr. Gericke added staff had already received written proposals from Sprint and Intel, and they were simply waiting for the corporation's establishment to develop agreements. In response to Mr. Kinnison's question, Mr. Anderson mentioned another possible revenue source, the E-commerce portal. The portal would allow local businesses to establish an online storefront for a small fee of approximately $250 a month. Businesses could then use the portal to market their products, and Network users would be able to buy products and services online. Ms. Cooper complimented staff on their progress. She was concerned, however, that it seemed that a large part of the community and the country was still unaware about the honors bestowed upon the city for the WiFi project. She asked Mr. Noe about staffs public relations efforts. City Manager Noe replied staffs top priority now was to get the system operational rather than on public relations. He acknowledged that the city was missing economic development opportunities by not marketing more, but said a big marketing effort would require substantial resources. He said it had been difficult to receive the recognition that Philadelphia had been receiving, even though their WiFi network did not have a single subscriber as of yet. He also said local newspaper coverage had been modest at best. Mr. Scott asked how companies like SBC and Time Warner that were currently providing high-speed Internet access felt about the WiFi project. He suspected that they might view the technology as a way for government to provide competitive opportunities to their competitors. City Manager Noe replied the City had been open about providing access to all entities on the same terms, regardless of the size of their business. Therefore, the City has not been criticized in the manner suggested by Mr. Scott. In addition, he said each of the companies had interesting ideas on how to combine the synergy of their particular services with WiFi to produce new services. He said the City could only benefit from the innovation and creativity produced in this environment. In response to Mr. Scott's question, City Manager Noe replied that if an ISP wished to use the network and was not on the current partners list, they would still be able to come to the Minutes - Regular Council Meeting January 10, 2006 - Page 10 table after the start of services. The city was promoting an open, level playing field for all qualified businesses. * * * * * * * * * * * * * The last presentation was Item 18 on the results of the First Quarter FY 2005-06 BudgetlPerformance report, given by Assistant Budget Director Eddie Houlihan. City Manager Noe noted that the report did not include the costs related to Hurricanes Katrina and Rita. Staff had segregated the costs because the City expected to receive reimbursement from FEMA. Mr. Houlihan reported that with 25 percent of the fiscal year completed, combined revenues and expenditures were 22.79 percent and 17.05 percent respectively. Though early in the year, the City's overall financial outlook was consistent with the same time last year. Mr. Houlihan provided an update on the General Fund, comprised of the following funds: ad valorem property taxes; industrial district, sales taxes, franchise fees, solid waste services, municipal court, museum recreation services, and public safety. He said the year-to-date (YTD) ad valorem property tax collections were slightly higher than budgeted. At this time, he said staff had no reason to believe that the City would not meet the budget in this area. Regarding industrial district payments, he said staff was in the process of ascertaining that all properties in the district had been properly billed. At the end of December, he said these revenues were approximately $100,000 short of budget. YTD sales tax collections were consistent with projections for this year and are ahead of the same period last year. Projections reflect a 4 percent growth rate compared with last year's collection trend. Franchise fee YTD collections were more than the YTD budget mostly due to increased electric franchise fees. Solid Waste Services revenues were less than the YTD budget mainly due to the residential revenue account. Mr. Houlihan reported on several other funds in the General Fund. He said Municipal Court YTD collections were consistent with the YTO budget. He noted, however, that Failure to Appear revenues was down due to a smaller backlog of warrants. Museum revenues were higher than the YTD budget, a welcome development considering that the revenues had declined the last two years. YTO recreation services revenue was slightly lower than the YTD budget, mainly due to declining Latchkey program revenue. Public safety YTD revenues were slightly more than budgeted, primarily because of the 911 Wireline and Wireless Service revenue. In summary, Mr. Houlihan stated that with 25 percent of the fiscal year completed, 20.89 percent of the General Fund budget had been expended. There were no significant unfavorable variances among City departments and individual operating divisions. Mr. Houlihan displayed charts comparing the General Fund YTD 2005-06 revenues and expenditures in each category with actual figures from FY 2003-04 and FY 2004-05. Mr. Houlihan then provided an update on the Enterprise Fund, comprised of the following fUnds: water, gas, wastewater, airport, development services, ambulance, golf centers, and marina. Water YTO revenues were $22,797,553, representing 27.88 percent of budgeted revenues. Revenues were greater than the same period in the prior year, primarily because of increased consumption. Overall, YTD expenditures were $13,148,514, or 16.12 percent of budge, which was slightly less than the same period last year. Minutes - Regular Council Meeting January 10, 2006 - Page 11 Gas YTD revenues were $8,164,435, representing 19.64 percent of budgeted revenue, which was higher than the revenue collected for the same period in the prior. The increase was mostly attributable to higher natural gas prices. YTD expenditures were $6,095,481, or 14.83 percent of budget. Wastewater YTD revenues were $9,813,071, representing 25.09 percent of the budget, which was higher than collections for the same period last year. YTD expenditures were $7,187,822, comprising 19.58 percent of the budget. Airport fund YTD revenues were $2,009,283 or 23.82 percent of collections for this quarter. YTD expenditures were $1,803,634, or 21.16 percent of budget. Development Services Fund YTD revenue was $1.2 million, or 27.59 percent and expenditures area$1.1 million or 22.31 percent of budget. Mr. Houlihan noted that in FY 2006, ambulance fund operations were moved to the General Fund. Any remaining funds will be transferred to the General Fund at the completion of the annual audit. The Golf Centers fund YTD revenue was $477,061, or 24.51 percent of budget, which was higher in comparison with the same period last year. Expenditures were $338,465 or 19.33 percent of total budget. The Marina fund YTD revenue was $319,308, or 21.44 percent of budget. YTD expenditures are $357,947, or 24.05 percent of budget. Low revenues were mostly attributable to an unexpected delay in the completion of the new docks. In summary, Mr. Houlihan displayed two charts comparing YTD 2005-06 revenues and expenditures in each of the Enterprise Funds with actual figures from FY 2003-04 and FY 2004-05. Mr. Houlihan discussed the status of the Internal Service funds revenues, primarily derived from budgeted allocations from other funds that are charged monthly. As a whole, revenues were consistent with those for the same period last year as well as the percent of year completed to date. He said 18.13 percent of the combined fund budgets have been expended with 25 percent of the fiscal year having expired. This was slightly higher than the 17.46 percent expended in the prior year. In summary, he displayed two charts comparing YTD Internal Service Fund revenues and expenditures with actual figures from FY 2003-04 and FY 2004-05. Mr. Houlihan then provided an update on the Special Revenue funds, comprised of the Hotel Occupancy Tax fund, the Reinvestment Zone fund, the arena/seawall funds, the visitors facility fund, and the Crime Control and Prevention District fund. YTD revenue for the Hotel Occupancy Tax fund was $2,088,354, representing 23.34 percent of the total budget. Expenditures constituted 23.54 percent of budget. The sales tax revenue from the two referendums related to the arena/seawall funds was 25.19 percent, and expenditures were primarily associated with debt service. Regarding the visitors facility fund, Mr. Houlihan reported that revenues were on target with budgeted amounts. He noted, however, that insurance premiums for the arena and convention center had not been finalized; therefore, expenditures were only at 17.31 percent of budget. Both YTD revenues and expenditures for the Crime Control and Prevention District were very near to prior year for the same period as a percent of the budget. and on target with current year estimates. In summary, Mr. Houlihan displayed two Minutes - Regular Council Meeting January 10,2006 - Page 12 charts comparing YTD Special Revenue Fund revenues and expenditures with actual figures from FY 2003-04 and FY 2004-05. Finally, Mr. Houlihan discussed the Debt Service Funds. He said the debt payments were programmed, charged, and transferred on a fixed schedule according to the individual Debt Service issue requirements. Variances were due to mid-year refunding, and the timing for issuance of new debt/commercial paper for planned projects. Mayor Garrett asked if Municipal Court had a plan to reverse the decrease in revenues from Failure to Appear warrants. Mr. Houlihan replied budget staff had met with Municipal Court staff to discuss the matter. Mr. Noe added that staff would be issuing an RFP for a company to handle the Failure to Appear warrants * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 19 regarding a resolution proposing a number of changes to the City's financial policies. City Manager Noe stated that one of the goals the Council set during their May retreat was to improve the quality of the city's financial planning. During a financial policies workshop held on November 1, 2005, the Council discussed various issues related to the City's future financial performance. The Council then asked that the financial policies be redrafted to include a number of changes and new initiatives that were discussed. City Manager Noe covered the major changes included in today's draft resolution. First, the fund balance policy was set at 10 percent. He said any amounts in excess of that could be used for one-time expenditures on capital and equipment that reduce the need for future debt. Second, the property tax for operations was set at the "effective rate", with an exemption for the Packery Channel TIF. Third, the policies set a priority on public safety (Police, Fire, and EMS) and infrastructure maintenance with an admonition that service levels should not be decreased in other areas. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 026605 Resolution reaffirming financial policies adopted by Resolution No. 023319, providing policies for maintenance of the General Fund Balance at an adequate level, and providing policy direction on preparation of the FY 2006-2007 budget. 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 20 regarding a first reading ordinance to modifY the local ordinance related to local auto wrecker services. City Manager Noe explained that State law governing the fees for auto wrecker service were modified on September 1, 2005. Consequently, the local wrecker companies requested a review of the local ordinance as well as a rate study of other cities fees. The rate study was conducted by the Police Department, and it Minutes - Regular Council Meeting January 10,2006 - Page 13 concluded that the fee increases requested by the wrecker companies were reasonable compared with other cities. Subsequently, he said staff was recommending a number of increases in towing charges that would be passed on to the individual customer in response to the changes in State law and in fuel costs. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-254, Maximum Auto Wrecker Service and Storage fees, providing for fee increases, changing the term "preservation fee" to "impoundment fee" and using "longer that 25 feet" as a trigger to charge large vehicle daily storage fees; all changes of which conform to controlling state law; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett called for public comment. There were no comments from the audience. * * * * * * * * * * * * * Mayor Garrett called for Council reports. Mr. Chesney asked Mayor Garrett when the beach closure issue would come before the Council again. Mayor Garrett replied the beach ordinance issue would be brought before the Council again when a development plan had been formulated. He did not foresee the issue coming before the Council in the month of January. Mr. Chesney thanked the Mayor for the clarification, saying there appeared to be some confusion in the community about the beach closure issue. Mr. Chesney commented that the City Manager had stated in the newspaper that the City would conduct a national search to find a new police chief. Mr. Chesney did not feel it was necessary to engage in a national search because of the quality of the local candidates. He said he would have a hard time supporting any action authorizing an expenditure for this purpose. Mayor Garrett, Ms. Cooper, Mr. Garcia, and Mr. Noyola supported Mr. Chesney's position. Mr. Noyola asked for information on the process used to conduct a national search. Mr. Noe replied staff had already received bids from a number of firms, and would be reviewing them tomorrow. Each firm conducted the search differently, but the goal was to find the best police chief for the City. He felt it was beneficial to compare the local candidates with outside competition, and he felt they would compare favorably. Mr. Noyola asked if it was possible for the city to conduct the national search in-house rather than hire an outside consultant. Mr. Noe answered the city could advertise nationally, but the advantage of hiring a firm was their ability to thoroughly evaluate and screen the candidates. Minutes - Regular Council Meeting January 10,2006 - Page 14 Mr. Noyola spoke in support of promoting from within the Police Department to fill the Police Chief vacancy because they were already familiar with local issues like the Crime Control and Prevention District. Mr. Noe pointed out that other communities have much more extensive community policing programs than the City of Corpus Christi. A local candidate would not be familiar with these programs because they were trained within the current system. Mr. Garcia asked for a status report on the signage issue. City Manager Noe replied the plan was to put together a stakeholders group comprised of representatives from business, neighborhoods, and other sectors. Assistant Director of Development Services Michael Gunning added staff was still planning to hold a meeting at the end of January, followed by another in February. The meetings would be held at the Development Services conference room. Mr. Gunning said he would submit a briefing report to the City Manager with the meeting schedule and the names of the membership. Mr. Garcia agreed with Mr. Chesney's statement that there appeared to some confusion about the beach ordinance issue, as evidenced by the comments made at the last town hall meeting. He emphasized the importance of clarifying the issues before bringing the item before the Council. Mr. Kinnison encouraged Mr. Noe to conduct a national search for a new police chief. He felt the City should get the best police chief possible, and to that end, he encouraged him to look at all the applicants. He hoped the Council would give him direction to continue with his current process. City Manager Noe replied that he understood the dynamics of internal candidates versus external candidates. In the end, his job was to provide the Council with his best recommendation, knowing that the Council had the authority to approve or disapprove his choice. Mr. Kelly, Mr. Marez, and Mr. Scott also spoke in support of conducting a national search for a new Police Chief. Mr. Chesney asked if the City Manager had to obtain approval from the Council to allocate funds for a national search for Police Chief. City Manager Noe replied negatively, saying the City Manager could approve any expenditure under $25,000 without Council approval. Mr. Kelly stated he was receiving calls from business people in the community frustrated about the uncertainty surrounding the sign ordinance. He asked staff to resolve this issue as quickly as possible. Mr. Marez asked if the Bayfront Master Plan included the downtown area. Mr. Noe replied negatively, saying the plan was limited to the bayfront parks. Mr. Marez asked if it would be possible to include the downtown area in the plan. City Manager Noe replied the idea was to have the Bayfront Master Plan support the downtown area, and noted that all the project costs included the bayfront park area only. Assistant City Manager Ron Massey added the Bayfront Plan was primarily comprised of the road realignment and the subsequent re-use of the space. However, he pointed out that staff was cognizant that the Bayfront Master Plan Improvements needed to support the downtown area development. Minutes - Regular Council Meeting January 10,2006 - Page 15 Mr. Marez asked for an estimate on the previous costs for holding a joint election with Nueces County in November, and how the costs would differ with the new, paperless process recently introduced. City Secretary Chapa replied the City's costs for holding a joint election with the County were usually $120,000 to $125,000; the cost was $100,000 if the City held its own election. He was uncertain at this point how the County was going to factor in the rentals of the new equipment and staff time for programming. He assumed, however, that it would be less than what the City had paid before because the major election cost was the printing of ballots. Mayor Garrett called for the City Manager's report. City Manager Noe reported the next Neighborhood Improvement Program (NIP) Area #13 meeting would be held at 6:00 p.m. tonight at Lamar Elementary School. He also announced that at 2:00 p.m. this afternoon, a ceremony to honor ten retiring fire fighters would be held. Finally, Mr. Noe announced that the Council would consider an amendment to the public access channel rules and regulations at their next meeting. * * * * * * * * * * * * * Mayor Garrett stated that individuals who had signed the public comment list left the Chambers during his previous call for petitions from the audience. He noted that they had since returned, and Mayor Garrett gave them an opportunity to make their comments. Mr. Johnny French, 4417 Carlton, and Mr. Warren Fletcher, 3100 Santa, spoke against the closure of any beaches to vehicular traffic. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 11:30 a.m. on January 10,2006. * * * * * * * * * * * * * 2 AGENDA MEMORANDUM RECOMMEDA TION: Motion approving the purchase of one truck mounted excavator from Waukesha Pearce Industries, Corpus Christi, Texas in accordance with Bid Invitation No BI-0074- 06, based on only bid for the total amount of $248,840. This unit is purchased for the Storm Water Department and is a replacement to the fleet. Funding is available in the capital outlay budget of the Maintenance Services Fund. ******************************************************************************* BACKGROUND: Purpose: Award Basis: Price History: Funding: r The excavator will be used by the Storm Water Department to maintain drainage ditches throughout the City. Only Bid The City has been utilizing this type of equipment for excavation purposes over the past ten years. It is unique in that it combines the versatility of a heavy duty truck with the excavating capabilities of a large industrial tractor. It eliminates the need of a transport trailer and allows the operator to position the unit in relatively confmed work areas. JLG Industries, Hagerstown Maryland is the manufacturer ofthe Gradall truck mounted excavator and the company has limited competition in the market. Waukesha-Pearce Industries, Corpus Christi, Texas is the local distributor of the Gradall excavator for this region and will be the delivering, service and warranty dealer for the City. The last purchase of a similar type of excavator was in 2005. The unit price last year was $243,221. Maintenance Services Fund 550020-5110-40120 $248,840 al Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - Michael Barrera ITEM DESCRIPTION 1. Truck Mounted Excavator 37,100 Ib operating 'Neight, 173 net HP, 4 wheel drive, extended po'Ner train warranty - 3 years Bid Tab BI-0074-06 Excavator Waukesha-Pearce Industries Corpus Christi, Texas Unit Extended QTY. UNIT Price Price 1 Each $248.840.00 $248,840.00 Total $248,840.00 3 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06-1 for food Items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of$1 00,959.33. The tenns of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval ofthe Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been requested by Senior Community Services in FY05-06. LaBatt Food Service Corpus Christi. TX 13 1 Items $46,295.78 PFG Victoria. TX 85 Items $54,663.55 Grand Total- $100,959.33 BACKGROUND: Purpose: These food items will be used by Senior Community Services for the Elderly Nutrition Program. The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Aransas Council on Aging, Duval County, Bee Community Action Agency, C.A.C.O.S.T., Kleberg County Human Services, Nueces County Senior Community Services, and Refugio County Elderly Services. Award Basis: The recommended awards are based on low bid and low bid meeting specifications. Items awarded as low bid meeting specifications are based upon the quality and/or packaging standards identified in the bid documents. Funding: Senior Community Services ENP 520070-1067-810806 MOW 520070-1067-810506 $82,786.65 18,172.68 Total: $100,959.33 Michae arrer Procurement & Genera Services Manager COUNCIL OF GOVERMENTS-STAPLES, MEAT & OTHER FROZEN FOODS Senior Community Services Bid Period Covering January 2,2006 - June 30, 2006 Date: 01/05106 Bid Tabulation: CBCOG-06-1 LaBatt Food Service CorDUs Ctvisti. Texas Canned Fruit, Dried Fruit. Canned Vegetables, Dried Vegetables. Canned Meat, Condiments, Dressing, Juices, Oil & Shortening. Relishes. Soup & Bases, Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Fish, Pork. Poultry, Prepared Products Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products PFG Victoria. Texas Canned Fruit, Dried Fruit, Canned Vegetables, Dried Vegetables, Canned Meat. Condiments, Dressing, Juices, Oil & Shortening, Relishes, Soup & Bases. Spices, Starches and Pasta, Sugar & Products, Miscellaneous Products, Fresh Produce, Beef, Fish, Pork, Poultry, Prepared Products Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products Grand Total: 46,295.78 54,663.55 $100.959.33 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 17. 2006 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Parks and Wildlife Department in the amount of $ 30,000 to operate the Community Outdoor Outreach Program (CO-OP), an outdoor recreation program for youth participating in the City's summer program. ISSUE: In order to apply for funding specified in the Community Outdoor Outreach Grant, the City Council must approve a resolution to submit a grant for the Community Outdoor Outreach Grant funded by the Texas Parks & Wildlife Department. REQUIRED COUNCIL ACTION: Authorization to submit an application to Texas Parks and Wildlife Department for the Community Outdoor Outreach Program (CO-OP) in the amount of $30,000. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to submit grant application. BACKGROUND INFORMATION The Texas Parks and Wildlife Community Outdoor Outreach Grant will fund 6th through 8th graders who participate in the Parks and Recreation Summer Program. Youth will participate in kayaking, fishing, hiking, and overnight camping. This program will target 200 youth who have at-risk backgrounds, are female and/or youth with disabilities. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $30,000 TO OPERATE THE COMMUNITY OUTDOOR OUTREACH PROGRAM (CO-OP), AN OUTDOOR RECREATION PROGRAM FOR YOUTH PARTICIPATING IN THE CITY'S SUMMER PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO-OP), an outdoor recreation program for youth participating in the City's summer program SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of, or terminate the grant, if awarded to the City. ATTEST: CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: January 6, 2006 ~~ Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H.\LEG-DIR\OlgaRIDoyle\Resolu. tion\06.0 1 06DC. T xParks. Wildlife. CommOut. doorOut. reachPrgm. Y outhSumr. Prgm. .doc Page 2 of 2 Corpus Christi , Texas _ day of , 2006 The above resolution was passed by the following vote: Henry Garrett. Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H :\LEG-DIR\OlgaRIDoyleIResol u. tionl06.0 1 06DC. T xParks.Wildlife.CommOut. doorOut.reachPrgm. Y outhSumr.Prgm. .doc 5 AGENDA MEMORANDUM City Council Action Date: January 17. 2006 AGENDA ITEM: Item A: A resolution authorizing the City Manager or his designee, on behalf of the Regional Health Awareness Board, to accept a grant from Port Industries of Corpus Christi in the amount of $26,250 for administrative expenses related to operation of the Board. Item B: An ordinance appropriating a grant, on behalf of the Regional Health Awareness Board, in the amount of $26,250 from Port Industries of Corpus Christi in the No. 1066 Health Grants Fund for administrative expenses related to operation of the Board; and declaring an emergency. ISSUE: The Regional Health Awareness Board (RHAB) was established by interlocal agreement between the City of Corpus Christi, Nueces County, and San Patricio County to ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on issues impacting health, safety, environment, and life quality. The RHAB Steering Committee, in its efforts in working toward the future viability of the Board, identified one of the barriers to its previous success as the lack of dedicated professional and administrative support for the Board. I n support of the revitalization and continued viability of the RHAB, Port Industries of Corpus Christi issued to the City of Corpus Christi a grant in the amount of $26,250 to provide administrative and secretarial support services dedicating 25% of their time to the RHAB. REQUIRED COUNCIL ACTION: To accept and appropriate funds to provide administrative support and supplies to the Regional Health Awareness Board. PREVIOUS COUNCIL ACTION: None. FUNDING: No match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept and appropriate funding for the Regional Health Awareness Board. ~ ~oJ.0h' Mffl-- (Department Head Signature) BACKGROUND INFORMATION The RHAB was established by interlocal agreement between the City of Corpus Christi, Nueces County, and San Patricio County to ensure that opportunities exist for quality dialogue by citizens of the coastal bend on issues impacting health, safety, environment, and life quality. The Board consists of a total of 17 members (13 Voting Members and 4 Ex Officio Non-Voting Members): 13 Votina Members 2 Community Representatives - Corpus Christi 1 City of Corpus Christi Representative 2 Community Representatives - Nueces County 1 Nueces County Representative 2 Community Representatives - San Patricio County 1 San Patricio County Representative 2 Port Industries of Corpus Christi Representatives 1 Texas A&M University - Corpus Christi Representative 1 Texas A&M University - Kingsville Representative 4 Ex Officio Non - Votina Members 1 TCEQ Representative 1 Corpus Christi - Nueces County Public Health Director 1 EPA Representative 1 San Patricio County Public Health Manager On November 17, 2005, the Regional Health Awareness Board was officially reconstituted. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, TO ACCEPT A GRANT FROM PORT INDUSTRIES OF CORPUS CHRISTI IN THE AMOUNT OF $26,250 FOR ADMINISTRATIVE EXPENSES RELATED TO OPERATION OF THE BOARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee, on behalf of the Regional Health Awareness Board, of which the City is a member, is authorized to accept a grant from Port Industries of Corpus Christi in the amount of $26,250 for administrative expenses related to the operation of the Board. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Armando Chapa City Secretary APPROVED: January 5,2006 h R. Hundley Assi nt City Attorney for the City Attorney EHres173.doc Corpus Christi, Texas ,2006 The above resolution 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 AN ORDINANCE APPROPRIATING A GRANT, ON BEHALF OF THE REGIONAL HEALTH AWARENESS BOARD, IN THE AMOUNT OF $26,250 FROM PORT INDUSTRIES OF CORPUS CHRISTI IN THE NO. 1066 HEALTH GRANTS FUND FOR ADMINISTRATIVE EXPENSES RELATED TO OPERATION OF THE BOARD; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $26,250 from Port Industries of Corpus Christi, made pay- able to the City on behalf of the Regional Health Awareness Board, of which the City is a member, is appropriated in the NO.1 066 Health Grants Fund for administrative expenses related to the operation of the Board. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of ,2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: January 5, 2006 R. Hundley Assist City Attorney for the City Attorney EHord182.doc Corpus Christi, Texas day of ,2006 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: l/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 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 Ma rk Scott 6 AGENDA MEMORANDUM DATE: January 17, 2006 SUBJECT: J. C. Elliott Landfill- Citizens' Collection Center and Transfer Station (Project 5192) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to the Contract for Professional Services with Shiner Moseley in the amount of $390,700.00, subject to availability of funds, to the Cefe Valenzuela Landfill for a Solid Waste Citizen Collection Center and Transfer Station at the J.C. Elliott Landfill. ISSUE: The provision of a citizens' disposal site and elimination of non-contract disposal traffic from Cefe Valenzuela is necessary to ensure efficient and safe operations. RECOMMENDATION: Approval of the motion as presented. I zt".... · l~c'l!L- fVi Jeffrey Kaplan Director of Solid Waste/Street Services g R Escobar, P.E. irector of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H :\HOM EIKEVI N SIG EN ILAN 0 FI LL ICCCT ra nsferStation IAE Memo doc ADDITIONAL INFORMATION BACKGROUND: Cefe Valenzuela Landfill has involved a long and complex history. The City began work on the development of a new replacement landfill in the early 1990's. In July 1992, the City Council appointed a Landfill Site Advisory Committee comprised of nine members to select a suitable site for the City's new landfill. On June 1993, the committee presented their selection of the current site to the Council. The property selected was acquired from Mr. John O. Chapman, Jr., et UX., and contains 2,773.59 acres of land. Cefe Valenzuela Landfill is located approximately eleven (11) miles from the City. The provision of a closer disposal site for the citizens is deemed necessary to minimize illegal dumping Additionally, the mixing of large commercial haulers, City disposal trucks, and citizens on the disposal face of Cefe Valenzuela represents a significant safety hazard. It is also envisioned that only contract haulers will be permitted at Cefe Valenzuela which eliminates the need for cash transactions. The absence of cash transactions cannot be accomplished if the general public utilizes Cefe Valenzuela. The landfill operating plan provides for J. C. Elliott to operate: as a citizens collection center; as a brush, construction and demolition debris collection and reduction center; and the household hazardous wastes program. The City has been permitted to operate a citizens' collections center at J. C. Elliott Landfill. The contract provides for permitting services to operate a transfer station. The contract also provides for the design services to prepare plans, specifications, and contract documents to bid for the construction of the collection center and transfer station. HDR and Shiner Moseley recently concluded merger negotiations. This is deemed an asset in that HDR has considerable landfill, transfer station and collection center experience and will be able to provide Shiner Moseley with additional staff support. A summary of the contract is attached. See Exhibit B FUTURE COUNCIL ACTION: · Award of a construction contract for the collection center and transfer station. Award of a materials inspection and laboratory testing contract. Award of any necessary change orders: FUNDING: Funding is available from the Sanitary Landfill 2004 CIP Fund. However, the amendment is subject to the availability of funds pending the sale of the 2006 Revenue Bonds for the Landfill. Making the amendment subject to the availability of funds ensures there is sufficient contingency funds available for other landfill projects. Exhibit "A" I Page 1 of 1 H IHOMEIKEVI NSIGENILANDFILL ICCCTran sferStationlC01 BkgExhAdoc CONTRACT SUMMARY SECTION III ADDITIONAL SERVICES The Engineer IS authorized to proceed with the following services B ADDITIONAL SERVICES TASK 4.08 Transfer Station Permit and Permit Modifications The Engineer will provide the City with a registration application for the transfer station. The registration will address the requirements identified in 30 TAC 330.4 and 30 TAC 330.65.The registration process requires a description of the facility, land uses around the site, demonstration that it meets location restrictions for solid waste facilities, and that it can be operated in an acceptable manner. The goal of the following scope of services is to secure a permit amendment for the City's transfer station. TASK 4.09 Transfer Station Design And Construction The Engineer will prepare plans for a transfer station that at J.C. Elliott landfill having separate areas for private citizens and for City and commercial operators to bring waste. In order to accelerate the construction schedule, the transfer station will be built in a phased approach. The initial construction of the facility will be for the already permitted Citizen's Collection Center along with a portion of the transfer station infrastructure. Once the registration for the transfer station is approved by the TCEQ, a second construction phase will make any modifications to the transfer station that are required as a result of the registration process. This portion of the engineering services contract will consist of the preparation of plans and specifications for the construction of the Citizen's Collection Center side of the facility and selected components of the transfer station infrastructure. Prior to beginning construction of the first phase, the Engineer will prepare a permit modification for submission to the TCEQ to revise the layout of the Citizen's Collection Center to reflect the current proposed facility layout. Prepare Permit Modification to Revise Citizen's Collection Center Layout The Citizen's Collection Center was authorized by a permit modification in 2002. In order to accelerate the schedule for having an operating transfer station, the City will begin construction of the Citizen's Collection Center and include in its construction as much of the infrastructure of the transfer station as is feasible. The permit will be revised to show this revised layout. This permit modification request will be submitted while the construction documents are being prepared in order for the City to have an approved permit modification showing the revised layout prior to beginning construction of the first phase. Prepare Construction Plans and Bid Documents Engineer will prepare construction plans and bid documents in City format for the construction of the Citizen's Collection Center/ Transfer Station. The construction plans will provide for the construction of a fully operational Citizen's Collection Center and the infrastructure for the Transfer Station as well. When the registration for the transfer station is approved, modifications will be made to that structure to bring Into compliance with the registration requirements. Depending on the timing of the registration approval, and the scope of the required modifications, the changes will be incorporated by change order into the Citizen's Collection Center construction contract. If timing or magnitude of changes prohibit this, a separate bid package will be prepared for the modifications to the transfer station. TASK 4.10 Provide Bid Phase Services Engineer will provide a list of prospective bidders to the City for this project, and participate in the pre-bid conference. The Engineer will also respond to written questions from bidders regarding the plans and bid documents, and when necessary prepare any addenda needed to inform bidders of approved changes prior to bidding The Engineer will attend the bid opening, analyze bids, prepare bid tabulation and make recommendation regarding award of the contract. H' \HOME\K EVI N S\GE N\LAN 0 FILL \CCCT ra nsferStation\SummaryExh B. doc TASK 4 11 Construction Phase Services Engineer will provide construction phase services to include participation in pre-construction meeting, review of shop drawings and other submittals, review of field and laboratory tests, provide interpretations and clarifications of the contract documents, make periodic visits to the site to observe construction, prepare change orders in coordination with the City's construction division, make final inspection with City staff and prepare record drawings based upon the contractor's "red-line" drawings. TASK 412 Surveying Engineer will provide a design topographical survey of the Citizen's Collection CenterlTransfer Station site iocation for use in preparing construction plans. TASK 4.13 Construction Modifications to Transfer Station Infrastructure This additional service task is to design modifications to the Transfer Station that may be required as a result of the registration process with the TCEQ. If the timing and cost of the changes allows, the modifications will be done as a change order to the Citizen's Collection CenterlTransfer Station contract. Engineer would prepare the necessary documents to clearly illustrate the proposed modifications and negotiate a change order with the contractor. If the timing and/or the cost of the changes does not allow the modifications to be made under the Citizen's Collection CenterlTransfer Station construction contract, the Engineer will prepare bid documents to make the required changes. The cost of the preparation of bid documents will be negotiated as a contract amendment. The Engineer will endeavor to closely coordinate with TCEQ during the registration process so any required modifications will be known prior to the actual approval date. The Engineer will begin advance work on the supporting documents for the change order so that a work directive can be issued as soon as possible after the registration approval is received TASK 4.14 Rate Study The Engineer will prepare a rate study to determine the cost of operating the transfer station. The following scope of services is intended to provide City staff with cost projections for operation of the transfer station to be used in determining rates for commercial and residential customers. The Engineer will Identify the capital costs for constructing the transfer station. It is assumed that the transfer station will be an open facility, the only building to be a gatehouse located at the site. Other infrastructure for which costs will be determined will include roadways, ramp, storm water storage and site fencing/litter control A construction cost will be determined, along with anticipated debt service. Prepare operating assumptions. These assumptions include anticipated throughput guarantees that the City will provide to contractors, contractor responsibilities for on-site maintenance and waste transport; site operations; storm water treatment methods and costs and other costs. The City will also provide any information related to administrative costs that will be associated with the facility, such as management costs or internal transfers that will be included in the overall costs of the transfer station. · Prepare a cost estimate for the operation of the transfer station. A cost estimate for operation of the transfer station will be prepared. It is assumed that three scenarios will be developed with varying throughputs evaluated. Costs for commercial and residential customers will be provided based on the percentage of the waste incoming into the facility and to the extent possible, the costs associated with managing these streams separately A report will be prepared and delivered to the City An HDR staff member from the Dallas office will travel to Corpus Christi to brief the solid waste staff on this report. TASK 4.15 Construction Observation Services. Observation services include up to 1 person for 3 hours per day, six days per week for a construction period of 16 weeks. Also included is up to 4 hours per week for 16 weeks of the project manager's time H' IH OM EIKEVI NS IGENlLANDF I LL ICCCT ransferStationlSummaryExhB .doc SUMMARY OF FEES _.~._.____w._ AUTHORIZATION FEE --.-,-----......-.- OriQinal Contract " -..-..-- $1,485,800 Amendment No.1 129,250 - --------- - ~ I Amendment No.2 -- -.- ---. ----~~- 12,000 I Amendment NO.3 ~_...- --- - 14,350 I Amendment NO.4 _____u_ --~._- 2,800 Amendment NO.5 10,000 Amendment NO.6 167,700 '-----'-- --..- Amendment NO.7 579,260 ~.__.. _._mo_' ___ Amendment NO.8 14,720 Amendment NO.9 ..-- I--- 24,740 - Amendment NO.1 0 222,000 Amendment No. 11 647,120 Amendment No. 12 4.08 Transfer Station Reaistration 111,300 --.. 409 Transfer Station Design 150,500 Permit Modifications -.--,---- 4.10 Bid Phase Services 9,300 4.11 Construction Phase Services 18,300 412 Surveying 7,000 4.13 Infrastruction Modifications 29,800 4.14 Rate Study 26,200 4.15 Construction Observation 38,300 Amendment No. 12 Subtotal 390,700 -- Total $3,700,440.00 --. ------ ---~------_. PROJECT SCHEDULE SCHEDULE: Registration: January 17, 2006 January 27, 2006 February 10, 2006 August 10 2006 Begin permitting Draft registration application to City and Legal Counsel Submit revised registration application to TCEQ Tentative date for registration approval (subject to change) Citizen's Collection CenterlTransfer Station January 17, 2006 Begin design phase February 17, 2006 50% Submittal March 3, 2006 City Review March 17 2006 100% Submittal March 24. 2006 Final Submittal March 27 2006 Advertise April 3, 2006 Advertise April 5, 2006 Pre-Bid Conference April 19, 2006 Bid Opening April 25, 2006 Award Contract May 29, 2006 Begin Construction September 29, 2006 Construction Complete H. \HOMEIKEVINSIGE NILAN 0 FILL ICC CT ran sfe rStatio nlS umma ryExh B. doc \MproJect \ councifexhiblts \exh5192. dwg i~ N HWY 44 --i--- --+-~ I I L-----, ..., <D Cl a< o <.> ~ o Q: W N z w ~ ~ ~ '-' 5 ::I Cl Z < 0:: ~ ~ z AGNES Cl 0:: ~ :.: g en CORPUS OiRlsn INlERNA nONAL AIRPORT ~ 0:: => ..... Q: ~ ~ ~ ~ <.> F.I.4. 665 ...... U") Cl a< o u FM 2444 F.I.4. 18 BEAR F.M. 16 CEFE F. VALENZUELA MUNICIPAL LANDFILL '" U") Cl 0:: o <.> F.M. 14\ I LOCA TION MAP NOT TO SCALE PROJECT NO. 5192 EXHIBIT "C" CEFE F. VALENZUELA LANDFILL- CITIZENS' COLLECTION CENTER AND TRANSFER STA TION CITY COUNCIL EXHIBIT ~ CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 01/17/2006 ~ 7 AGENDA MEMORANDUM DATE: January 17, 2006 SUBJECT: Corpus Christi Ship Channel Utility Crossing - Revised and issued for Rebid Change Order No.3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order NO.3 to a Construction Contract with Akerman Construction from Purcell, Oklahoma in the amount of $139,000 for the for Corpus Christi Ship Channel Water and Wastewater Utility Crossing Base Bid One for the relocation of the entry point. ISSUE: Latent conditions have been identified at the south bank of the Corpus Christi Harbor. The Museum of Science and History complex along with the Columbus fleet exhibit are at risk of structural damage if bore paths are not adjusted. There is serious concern that drilling the remaining bores at their current location will negatively impact the foundation of the Museum due to issues discovered during the boring of the first hole. FUNDING: Funds for this project are available in the Water and Wastewater Capital Improvement Program Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. I-It-I){, '~~J-J/-OG Foster Crowell Director of Wastewater Services ~ ~#',/~ ngel R. Escobar, P. E., irector of Engineering Services ~tional SUDDOrt Material: Exhibit "A" Background Information Exhibit "A-1" Additional Background Information Exhibit "B" Change Order Summary Exhibit "C" Revised Drill Entry Location Map H:IHOME\L YNDASIGENIW A TERI8429 . CC Shio Channei CrosslnalChanae Order 3lMemorandum.doc AGENDA MEMORANDUM BACKGROUND INFORMATION SUBJECT: Corpus Christi Ship Channel Utility Crossing PRIOR COUNCIL ACTION: 1 . December 17. 2002 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Shiner Moseley & Associates in the amount of $282,700 for the Corpus Christi Ship Channel Utility Crossing. 2. March 29, 2005 - Approval of the FY 2004-05 Capital Improvement Budget (Ordinance No. 026811). 3. October 25.2005 - Motion authorizing the City Manager, or his designee, to award a Construction Contract to Akerman Construction from Purcell, Oklahoma in the amount of $2,883,568 for the for Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE-BID for the Installation of a New Utility Crossing (Base Bid One) 4. November 15. 2005 - Motion authorizing the City Manager, or his designee, to award a Construction Contract to King Fisher Marine from Port Lavaca Texas in the amount of $3,250,000 for the Corpus Christi Ship Channel Water and Wastewater Utility Crossing REVISED AND RE-BID for removal of the existing utility crossing contingent upon the issuance of the Notice to Proceed being delayed until August 2006. PRIOR ADMINISTRATIVE ACTION: 1. February 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2 March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No.2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26. 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28. 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town) 6. December 17, 2002 - Motion authorizing the City Manager or his designee to execute a contract for professional services with Shiner Moseley & Associates in the amount of $282,700 for the Corpus Christi Ship Channel Utility Crossing. H:IHOMEIL YNDASIGENIWATERI8429 - CC Ship Channel CrossinglChange Order 318ackground.doc EXHIBIT "A" Page 1 of 3 CHANGE ORDER BACKGROUND: During the horizontal directional drilling procedure to install dual water and dual wastewater lines underneath the Corpus Christi Ship Channel, the Contractor (Ackerman Construction) observed a drilling mud "frac-out" while reaming the first of four bore holes. A frac-out results during boring when drilling mud finds a path of least resistance from the bore hole to the surface, oftentimes through a weak soil plane. In this case, the frac-out occurred when the drill path passed from a soft soil layer into a stiff clay layer at a depth of approximately 47 feet. This frac-out was located approximately 20 feet west of the Corpus Christi Museum of Science and History. The Contractor controlled this incident, but there is concern that additional frac-outs will occur if the remaining three holes are bored as originally planned. This project requires that three more bores be performed to install the remaining three utility lines. The remaining bores were originally designed to be drilled progressively closer to the Corpus Christi Museum of Science and History. There is serious concerned that if additional frac-outs result from the remaining bores, then the foundation of the Museum will be negatively impacted. HDR/Shiner Moseley met with the Contractor and the project geotechnical consultant (Rock Engineering) to discuss the issue. Their collective recommendation is that the drill entry points for the remaining three bores be relocated 59 feet west and 110 feet south of the original drill entry points. This will move the new drill entry point within the Mesquite Street right-of-way. Doing this will reduce the risk of impact to the Museum resulting from a potential frac-out, while completing the required remaining bores. If frac-outs do result from the remaining bores, relocating the drill entry points will shift the frac-out locations to an area which is more readily accessible for the Contractor to deal with and only minimally impact the surrounding the area. PRIOR CHANGE ORDERS: CHANGE ORDER NO.1 - $13,000 credit to the City This change order was requested by the contractor to cover the additional city costs incurred for extending the working hours. The contractor will credit the city $13,000 to subsidize the costs of additional construction inspection required by the extending the daily working hours. The contractor made this request to allow the operational drilling equipment to run for longer periods each day. CHANGE ORDER NO.2 - $22.800 cost to the City This change order is being administratively issued to expedite the construction of this project, pending the approval of Change Order #3 by City Council. This additional amount is necessary to begin the process of contractor demobilization and required set up to relocate the directional drilling equipment. Implementation of a traffic control plan and site fencing and prep work is included as part of this change order. H:IHOMEIl YNDASIGENIWATERI8429 - CC Ship Channel CrossinglChange Order 3lBackground.doc EXHIBIT "A" Page 2 of 3 CH~GE ORDER NO.3 DESCRIPTION This change order will provide for: · the change of alignment of one wastewater and two water main directional bores. This will required drilling under the existing wastewater line #2; · valve vaults and trenching in the Mesquite Street roadway. This will require the affected area of Mesquite Street to be closed during construction. All excavations will be backfilled with f10wable fill slurry per specifications. . required traffic control plan implementation; · Mesquite Street restoration including full asphalt overlay and restripping; . additional days needed to complete: o setting vault in street, o asphalt restore, o site safety, and ore-surveying bore alignment This change order will add an additional 45 days to this contract with completion anticipated by May 2006. H:IHOMEIL YNDASIGENIWATERI8429 - CC Ship Channel CrossinglChange Order 3lBackground.doc EXHIBIT "A" Page 3 of 3 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Corpus Christi Ship Channel Utility Crossing PROJECT BACKGROUND: The City utilities crossing under the Corpus Christi Ship Channel were originally installed in 1960, across Port of Corpus Christi property just east of the Harbor Bridge. These utilities serve Corpus Christi Beach, and include pipelines for water, wastewater, and gas service. Due to age and condition of the lines, they are near the end of their service life. The frequency of repairs has increased and some of the lines are currently unusable. Replacement of the water and wastewater lines is needed in order to bring those systems up to an acceptable level of operational reliability for the Corpus Christi Beach area. The existing gas line will not be replaced, as other means of gas service have been developed for the area. In addition, due to the pending deepening of the Corpus Christi Ship Channel, it has become necessary to lower the present lines to a depth of approximately thirty feet. The Port of Corpus Christi and the U.S. Army Corps of Engineers are moving forward with the planning efforts required for deepening of the Corpus Christi Ship Channel. This utility crossing replacement project consists of two parts. Base Bid 1 will accommodate the planned deepening by installing the lines by directional drilling at the proper depth to permit the required clearance below the bottom of the deepened channel. Base Bid 2 will involve removing the existing utility pipelines. This project originally bid on August 17, 2005. At that time the bids received were substantially over budget. The contract documents, including the plans and specifications, were modified and plans were reissued to rebid at a later date. BASE BID 1: Installation of new water and wastewater lines On October 12, 2005, the project was rebid and a construction contract was issued to Ackerman Construction of Purcell, Oklahoma for Base Bid 1 to include the installation of the new lines under the Corpus Christi Ship Channel. Work for this contract included: . furnishing, installing and testing approximately 5,144 linear feet of 20-inch HDPE water main using horizontal directional drilling; . furnishing, installing and testing approximately 340 linear feet of 16- inch PVC water main using open trenching; . furnishing, installing, and testing approximately 5,144 linear feet of 16-inch HDPE wastewater force main using horizontal drilling; . furnishing, installing and testing approximately 200 linear feet of 12- inch PVC wastewater force main using open trenching; EXHIBIT A-1 Page 1 of 2 · connections to existing water and wastewater systems; site restoration, valving and other appurtenances; and, · installation and maintenance of traffic control and storm water pollution prevention measures; in accordance with the plans, specifications, and contract documents. This phase of the project should be complete within 120 calendar days from the Notice to Proceed with completion estimated at March 2006. BASE BID 2: Removal of Existina Water and Wastewater Lines On October 25,2005 this project was rebid with Base Bid 1 for the installation of the new water and wastewater lines. On November 15, 2005, the City Council awarded a construction contract to King Fisher Marine from Port Lavaca Texas for the removal of the existing utility crossing contingent upon the issuance of the Notice to Proceed being delayed until August 2006. Work for this contract included: . cleaning, purging, and removing two 12-inch outside diameter steel water mains, two 12-inch outside diameter steel wastewater mains, two 10-inch outside diameter steel gas mains, and one fire alarm cable from underneath the bottom of and within the side slopes of the Corpus Christi Ship Channel and from on-shore. (Each pipeline and cable is approximately 980 linear feet as determined by a hand-held GPS Unit above-ground horizontal distance.) . site restoration; maintaining and re-establishing slope stability of Ship Channel side slopes; . maintenance of traffic control and storm water pollution prevention measures; and . dredge material disposal in accordance with the plans, specifications and contract documents. It is necessary to delay the Notice to Proceed until August 2006 because the Gas department will not pursue alternate means of gas transmission until July 2006 and the existing line will need to remain in service until then. The project should be complete within 180 calendar days from the notice to proceed . EXHIBIT A-1 Page 2 of 2 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 17. 2006 PROJECT: Corpus Christi Ship Channel Utility Crossing Revised and Issued for Rebid Base Bid 1: Installation of New Utility Lines APPROVED: City Council on October 25, 2005 CONTRACTOR: Ackerman Construction Purcell, Oklahoma Change Order NO.1 (Pending) ...................... Change Order No.2 (Pending)................... Change Order No.3 (1/17/06)................... $2,893,468.00 723,367.00 -13,000.00 22,900.00 139,000.00 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount.......................................... Total........................................................ .. 148,900.00 = 5.15< 25% EXHIBIT "B Page 1 of 1 ~- 0'/ /- ( ( ~ N \~ l. ~;f r5~ / I / // " / / EXISTING ENTRY POINT (FIRST WASTEWATER LINE INSTAllED) PROPOSED ENTRY POINTS \-\\R5C\-\ 51. PROJECT ENTRY LOCATION SCALE: '.=60' o I 30' . 60' I SU1 SHINBR MOSIIUY AND.AasocINnls. INC. BNGINIIIIl8 aClOH8ULTANTS SS5 NaItI& 1; T..... .....1_ o.p.. adIlI. or.. 714'71 REVISED DRILL ENTRY LOCATION CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING - BASE BID 1 REVISED AND ISSUED FOR RE-BID CITY PROJECT # 7173, 8429 DA TE: 01 - 11 - 06 tJ ~ !if~ bi9:: o ~~ O~ ~ iiJ~ fj"'{: ~ CITY OF CORPUS CHRISTI DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER J EXHIBIT 1 ~ PROPOSED DRILL ENTRY . LOCATlON - - ~ = PROJECT I 200.20077.05 - 8 AGENDA MEMORANDUM January 17, 2006 AGENDA ITEM: Motion authorizing the City Manager to execute a Deferment Agreement with Peacock Properties, (Developer), in the amount of $74,578.90 for the installation of 1,242 linear feet of off-site, 8-inch PVC sanitary sewer collection line to serve Chris-Rae Addition, Block 1, Lots 6 and 7, located south of SH 358 (South Padre Island Drive) and west of Rood Field Road, in accordance with the Platting Ordinance section V-Required Improvements, Subsection A.3 (b). ISSUE: Mr. Murray Hudson, on behalf of Peacock Properties, developer of Chris-Rae Addition, Block 1, Lots 6 and 7, submitted deferment agreement documentation to defer construction of 1,242 linear feet of off-site, 8-inch PVC sanitary sewer collection line for Chris-Rae Addition, Block 1, Lots 6 and 7 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 Peacock Properties, (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. .I.C.P. evelopment Services ATTACHMENTS: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Sanitary Sewer Plan Cost Estimate Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development time schedule and the platting of Chris-Rae Addition Block 1, Lots 6 and 7 (See Location Map-Exhibit B) required the developer to construct of off-site wastewater public improvements. The public improvements deferred will include the construction of 1,242 linear feet of off-site, 8-inch PVC sanitary sewer collection line (Exhibit C). Construction plans for the public improvements have been submitted and are pending approval by Development Services Department. Mr. Murray F. Hudson P.E., with Urban Engineering on behalf of Peacock Properties, Developer, submitted Deferment Agreement documentation to defer the construction of required public improvements in accordance with the Platting Ordinance. The Planning Commission at its January 11, 2006 meeting recommended the execution of the Deferment Agreement and found reasonable cause to delay the requirement to complete 75% of the required public improvements to expedite the recordation of the plat. The developer has agreed to deposit $74,578.90 the form of a Cashier's check. This amount is 110% of the estimated cost of constructing the required improvements (See Cost Estimates-Exhibit C), in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A.3. (b). A Deferment Agreement, (Exhibit E) between the City of Corpus Christi and Peacock Properties, will allow the developer to defer the construction of required improvements including the construction of off-site wastewater improvements for a period of approximately one (1) year from the date the Deferment Agreement is signed and approved. The deferment of said improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop the Chris-Rae Addition. No certification of occupancy may be issued until the wastewater line is installed and accepted by the City. RECOMMENDATION: Staff recommends approval of the motion as presented. EXHIBIT A \ :.:i '-'I 7i ",I , =' i-'--- ci: Stole Highwoy 358) South Padre Island Drive >I c 'c" I.: ~ -r-i7i1,,~ -.-~~ - ~r -- - i -- c\ ~_II ~,~ Wbl~~.~r, V-/il~~ ..;, 'I -'I > r)i~'p'y~ I = r:- i ~,~ - ri i~ -= I I 0- = =,I'J ~ '6 - I c:~'{;~~:'. -I':'CI~ SI"/~inq - ..... - C nl, dj ;:~~I I{ ,~~ l <;: ~=__ ~__~~;-~'"O:' ~ ~I-"i ._ U;_! ~rl-= ,..... i - : C",I ~-~ ]r d \.,'j,.:: i :L~I-'~f' iF""'i'- ~ hdrl,j,]! t :1-- 31 ,,],-1 '-: r -~, - ~,\ ~.\ -i ~_iT 1 >-- J-~'-l-i ~_' :=.i~ Rood (~,~ ri.,.11 [ f :- "'~~I l.'l'7Jdc-+:'I.~i'Jr,t::;: ',I ~.\ i J i mC:J-:..2 llill-'.. -, ,-I I _ , -, - r'IL-, -~, I:::. .::-. ....:. - ~ 3: ~ -: --:.;: .c. c.1 I~' lv1eCdG,,-lliJEr~F:- ~ c;-. 1 ", ~- - -;: - - H~I;;~iil' - - - " ""'0:...::... '"'" _ TI I-~ - ~ ~-Oe~~n(;_J :~ '.'- ~-r, - "=: ~ 'i~' 6,.",. -0 o o lY: :: L:__ I,:'" r"yr""onTC,'-'-- LOCATION MAP N. T.S. Exhibit B Page 1 of 1 I- 0:: <l::<l:: NW ::iI Cl.3 <l:: WI- <l::a::: tY(f) (/)0 _I a::: IL5 00:: <( >- <( m ~ -.J <( '= Cl. 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L#..~ ~ 'Tt io : .:~ ~ Itl . ,l~ , . . \, . 1~ (,~ ,L~.E. . _" ... u"," .... ___ _. _ .~~~ J: - ._~---- ~-_-o-~~-:::--=C-.'.-~-~::-~-=~--I [-:1' 1: ! I: NVld l:I3M3S AlfoI lJIl'vS ~ ~ III '-' ~ i3", 0.... ..... I 1 I I I 1 I 1 I I I I , I I I I ----I r--' ~I ~l ~I ~I ~I .~--":=::~~~ I 'I' ~. 0 ; i\ 0, I ,,01 . -~-~~ :: 0:: tiT" I :Lt~~I. ~ ,: :;..~~ I' fi :: Ii I :: I \I . \I " " \I " " " " " " " " " " " '(1,: ,I \I ~tt '" :i "' 8 VI o c.. o '" J ----- --r..::..~__ I' , II I I' Ii xhibit C Page: 1 gf_~_ Eng: Murray F Hudson By: D.DR A. SANITARY SEWER IMPROVEMENTS: ITEM I I ~ I I t ~~ "--- 8" PVC (5'-8' Cut) 'a'PVC (8'~1 O;-~Cutj I__~__'~'___ ___n__ i 8" PVC (10'-12' Cut) 1"~-~----~~------ j9SI:lA Tr~~ch ProteC!ion : Class '0' Embedment +___._____~m_ _u~~_ '4' Diameter Manhole (5'-8' Deep) 7 ~-4' Diameter Manhole (8'-10' Deep) -:-4' Diameter Manhole (10'-12' Deep) I ...~~-_.__._- ,Tie to Existing 8~ Stub-out ~move and Replace Concrete Sidewalk L R~m~v~~~~epla~~~o~~ete ~~<!Y i ~~_ 412 t 360 , ------_.~- 470 i 479 IF ~~_n__~._. _ j ~=~i1 ~ i:; ~ -n_-~f _~ -)~-i- 1 EA t-=tl=-=-=~ ~ - -i - i SANITARY SEWER SUB-TOTAl: ~+ T ENGINEERING @ 7.5%: 1 2 3 4 5 6 $24.00 $28.00 $30.15 $1.50 , $6.25 $2,200.00 $2,600.00 $3,000.00 $750.00 $440.00 $4,001.74 8 9 10 9 i-- I I --- -1== 1 ~ANITARY,::;::::, j -~-tu , , lNOte:NO alloYl~_~e for Easement acqUiS~ion is provided _ . f ...n_~n_.U_ _n____j__n~-- +==-=T- .+===+= , I ~ ~l~==:===i=- ----~^ , t i _.__n. i - -i-~. l- I 1 j ~I I +---. n +-_~_ -r-~=='. - --1 - ---- . __. ~-+_ n'_ .~n._+~___ ~__===_=_=. =___n=~ Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 January 6, 2006 Job No. 284oo.A4.01 TOTAL COST $10,080.00 $10,276.00 $14,441.85 $1,900.50 $7,918.75 $4,400.00 $2,600.00 $3,000.00 $2,250.00 $2,200.00 $4,001.74 $63,068.84 $4,730.16 $67,799.00 $74,578.90 II Exhibit D 'I Page 1 of 1 DEFERMENT AGREEMENT STATE OF TEXAS i i COUNTY OF NUECES i This Agreement is entered into between the City of Corpus Christi, Texas ("City") and Peacock Properties ("Developer"), and pertains to deferral of the certain improvements required prior to filing the final plat of Chris Rae Addition, Block 1, lots 6 & 7 (the "plat"), which was approved by the Planning Commission on January 11, 2006. 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 Services. Detail construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction; and WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the off-site 8-inch sanitary sewer collection line, as shown in Exhibit 2, as required by the City's Platting Ordinance; and WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the required improvements as required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; and WHEREAS, the Developer will deposit, with the City of Corpus Christi, a cashier's check in the amount of Seventy-four Thousand Five Hundred Seventy-eight Dollars and Ninety Cents ($74,578.90), representing 110% of the estimated cost of constructing the off-site 8-inch sanitary sewer collection line, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3; 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 Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance; and NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: ~ Exhibit E II Page 1 af6 1 The City shall waive the requirement that construction of the off-site a-inch sanitary sewer collection line be completed before the final plat is endorsed by the City's Director of Engineering Services and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the off-site 8-inch sanitary sewer collection line as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2, The Developer shall deposit, with the City of Corpus Christi, in a fonn approved by the City's Director of Financial Services, before the Agreement is approved by Council, a total of Seventy-four Thousand Five Hundred Seventy-eight Dollars and Ninety Cents ($74,578.90), by cashier's check (Exhibit 4) for 110% of the estimated cost of constructing the off-site 8-inch sanitary sewer collection line. 3, The Developer shall construct the off-site 8-inch sanitary sewer collection line, in accordance with the City's engineering standards in effect at the time of construction. 4, The City shall place the Seventy-four Thousand Five Hundred Seventy-eight Dollars and Ninety Cents ($74,578.90) in an interest-bearing account. Both principal and interest, shall be made available to the Developer in such amounts and on such dates as may be mutually agreed upon by both parties, by and through their designated representatives, for use by the Developer solely for the construction of the off-site 8-inch sanitary sewer collection line hereunder. Such funds shall not be used for any other purpose whatsoever. 5. Upon completion of the off-site 8-inch sanitary sewer collection line within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the off-site 8-inch sanitary sewer collection line by the City Engineer and upon compliance by the Developer with the remaining tenns of the Defennent Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the off-site 8- inch sanitary sewer collection line by mailing a Release Letter to: Peacock Properties 3300 South Gessner Road, Suite 165 Houston, TX 77063 b. Return to the Developer within sixty (60) days of the completion of the construction of the off-site 8-inch sanitary sewer collection line and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. Page 2 of 6 6. If the required improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the off-site 8-inch sanitary sewer collection line with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the off-site 8-inch sanitary sewer collection line, if the sum of money and interest prove inadequate to complete the off-site 8-inch sanitary sewer collection line within thirty (30) days after City completes the required improvements and bills the Developer. 7 The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the off-site 8-inch sanitary sewer collection line, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 8. If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the 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 receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the off-site 8-inch sanitary sewer collection line. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the off-site 8-inch sanitary sewer collection line, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the off-site 8-inch sanitary sewer collection line and settlement of construction contracts. 9. The City reserves the right not to issue the Certificates of Occupancy for this development until the 8-inch PVC off-site sanitary sewer collection line is installed and accepted by the Director of Engineering Services Department. 10. The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 11. The Developer covenants to construct the off-site 8-inch sanitary sewer collection line, and that this covenant shall be a covenant running with the land. Page 3 of 6 12 The City's Director of Engineering Services, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 13. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 14. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the 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. 15. 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. 16. The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 5. 17. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 4 of 6 iA EXECUTED in triplicate this 'I day of J ~1tA.ri ,2006. Peacock Properties 3300 South Gessner Road, Suite 165 :;ston'?fE6~ Randy Peacoc THE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 This instrument was acknowledged before me on Randy Peacock of Peacock Properties. ~~ Notary Public, State of Texas :S~y ;q , 2006, by ~ ~$ DEBRA FOHTeNor MY COMMISSION EXPIRes Auguat 18. axl8 Page 5 of 6 CITY OF CORPUS CHRISTI ("City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: Armando Chapa City Secretary By: George K. Noe City Manager APPROVED AS TO FORM: This I Ii( day of YJ';I~"u1 , 2006. THE STATE OF TEXAS 9 9 COUNTY OF NUECES 9 This instrument was acknowledged before me on the _ day of , 2006, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas Page 6 of 6 i i nl g I O:::! iy ~I /./~t\' \ t ~~ ~~Q, o~t ~ltI!~! ~ ~Sf~"'~.!ll ~ i }j~!;;~ "o! :" l&~'"'.. 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It "i: Eo .- .~ 2! ~ c "'0 0., .5: l?- ,,~ .15 ~.... -~~ ~: 'i :~ -F -~~ n ~'U =~ -f~ &.~ o~ ~~ '- o ;g: it. fgo i1 ~~ 8-~ "If; ~~ "c .!!~ ~~ ~.~ ,.; ~ ~ <; . n ~ ~ '" 8 ~ .. ,. o z ~ :; , I , , I I I 2 , , I I , 1 , I , I it , I ' . ,o! , 10 I l~ , I 0 ,~ 0 !~ " !\ j " ~ .. 1 Exhibit 1 1 nf 1 0",....0 --- ... .. . ....-0 .. ~/i1Id(IM __I!ii:l '.""~ .. lIIiMII ......, .n-:. NVld H3M3S AW ltNS :_ mz~e= -=C_=C===&=_===K= ~. ., ~~~;~~:=~==::===:~~~~==.~~~=======:~=====~=:====~=_=====:~===========~!:~, --1- ~~:f~~i "Tf....>~1...,:c::::="=0"~::::::~:c:~~" Ii i 'r~'....}~, ">, : , " '~4~:'t><"". l '..~.~] i 1 ;;Ixf::i,.---I \- .~ ,) 'n- ~ , :: ,''j : , L4~\,1 hi" ~ ,. , .il ',',. . " I. '.\1 . I 1 ~, 11 2 :~ . --'- ~ ' C) :::fl : tffi~~~" ! 9 .~~ Hi i .'~', - -<:::- .,,-~ " . \ i .. '11~~B i i : L\.-~~q~Y\Hr.\'..\b~~ +, .~ i !{~IH I \1 I!' I \ _ . __ -=-ii,~:IN' \ ' I !~:l: I -~" L .IG' Pri_ D wit".. !,,~j, II.~' - - - - - - - - -f: '-:'-=;-:---.- - .H'I.fill.l1g , ~ ,,---:--- -----'11. I, I 1.~\. I. .... '- It) Prl..ari' :E. j -:,~'1: II D m '...' : l.fj '. I ~: -:. II. I 'Si ,: iff: -:=; i 2! <~ , r'r'..."...--. I ti :~i "nu,' ~ .1 (L "is: ~ 9 ltP. '" ._..~_.... ~l'i : ~.n.i '.' I.I ~t"-t . " ~ ~ ''',::,',',,1. : r ~'f;~r ~j ~ . ~ __.<U.E ..t~ ~'I 0: ~'- ~ : \~ ~ f Cl <:t i3", I: i1~ - - ~"''''-C:E:~: d I ~ 6:: g:; ~'l; iJ~ _ _~ ' ~ ~ _ ~ ~ C'5~ m"'" ... u m.n""'"l. ~ I ~; ~~--i~ 1'~1'o~l-i - - ~~ - --- - -- ~~~i ~ ~! 0::: tl ~: II I <:t l' l"i. CD ': r~~..- >-- '1-", ' : . i2 ~ :::; m<:t I I L" ,~ 'j':: ...,.~ 'I '-.----, -' I '11 I ~ -' f :: I ' ".~ [I :: I / ~ II :: I I ~ :, i: I I j I :: I I II :: I / I! ~ I I I; :: I /~;rF1WjL '.-l 1 ! 1/';::: '. , I ~~! i I~U I J if' " Exhibit 2 I Page 1 of 1 Eng: Murray F. Hudson By: D.D.R. PREUMINARY PlATTING January 6,2006 COST ESTIMATE Job No. 28400A4.01 FOR REMAINING 4.95 ACRES OUT OF ~HRIS RAEPlAYt-AL-GNG REAR-9F~-oT------ ITE~ __ DESCRIPllON__ A. SANITARY SEWER IMPROVEMENTS: 1 8" PVC (5'-8' Cut) ---- --- 412 -j -420- LF- $24.00 2--a'PVC (8'-10' Cut)- -_ :_= 360~~- 367 ,,~_=__ $28.00 3 8" PVC (10'-12' Cut) __ 470 479 LF $30.15 4 OSHA Trench Protection 1,242 1;267 U=-c----- $1.50 -~-_._- -- -..-- -..--+- _.- 5 Class '0' Embedment I 1 242 1267 LF $6.25 6 4' Diameter Manhole (5'-8' Deep) 1 2 2 EA $2,200.00 7 4' Diameter Manhole (8'-10' Deep) ___ _:_ =~' j~ __ _ ~ 11 EA $2,600.00 8 4' Diameter Manhole (10'-12' DeeP. ) - --\ -- 11-- EA $3,000.00 9 Tie to Existing 8" Stub-out 3 3 EA $750.00 10 Remove and Replace Concrete Sidewalk I _= --~_ ___ 5 EA $440.00 __~_ Remove and Replace Concrete Driveway" j_ __n" 1_ 1 EA $4,001.74 -- --------- ---- __u_ I ~- SANITARY SEWER SUB-TOTAL: =: - -..-.--.= ~ =--:=_ _ ~--:= ___ ____" -fu--=- 1=-- ENGINEERING @ 7.5%: - O' -.- SANIT"AAY SE'fiERTOT1\t::- 0~- - ~. _--~=~_:==~= +n~j_=- 110% OF TOTAL: ___ -:-:-._ i I __~_ Note-=-No allowance for Easement acquisition is provided ---f-- ___+_ QUAN. QUAN. + UNIT .----. 24'k UNIT PRICE --,,-- ---..-..- _'_.__.n .____1---_ --- -. - - ,,------ ---- --- n' . e---. , - - -------.-----.-- --- - --- f.- --.. ~-- : ____ ____om __ ." i --- __ - _n '_ --- --- --. -- -- ...-- __0 ____ _" ___n_.. on' __.__. . _n_ -- -----.---. __ O' -- ~--_._----_.. __.__n __ _____ i Urban Engineering 2725 SWantner Corpus Christi, TX 78404 1-361-854-3101 TOTAL COST $10,080.00 $10,276.00 $14,441.85 $1,900.50 $7,918.75 $4,400.00 $2,600.00 $3,000.00 $2,250.00 $2,200.00 $4,001.74 $63,068.84 $4,730.16 $07;799'.00 $74,578.90 I Exhibit 3 I Page 1 of 1 .'-..';'-::.;:.; .~~ ;'(.',:--,)':.:i~:~~:Hl~~ -"-~. ',_ ,.;~ '1tO.-;.t"~:.~;.'''.'~.'''.'~ - . :.":.-'~1#- .'IOC.E' lliwood-Cdiliado. :t~~:;Buif~r: ,~.. ..... ...,.. " ,.i.o 499156243807499157 REV3 07/03 813526443 ,,;-!:, UA$E :. _",,0:' _', ,_---:",_,_ .'-" 12/"tl2()OS, ~-. .'~: . ;; -' . ~ ,. ;.. 2 500 q 8 8 b :1 20 58 q II' II' ~ 5 . 7 0 . II' I: 0 2 2 0 0 0 8 b 8 I: ., I Exhibit 4 II Page 1 of 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or finns seeking to do business with the City to provide the following infonnation. Every question must be answered. If the question is not applicable, answer with "NAn LJ /J FIRM NAME I eA..(.OC!c !'r'"{) 'f'y'he> STREET: 33()O r. teflt.er 4;,> ZIP: 77()6.J FIRM is: 1. Corporation )( 2 Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named ''finn''. Namiv 0 Job Title and City Deparbnenl (K known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named ''finn''. Name AI / .4 Title . 3. State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership in the above named "finn". Name ;11 h Board, Commission or Committee 4. State the names of each employee or off"'lCer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "finn". Name/'l / If Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any infonnation requested; and that supplemental statements will be promptly submitted to the City of Corpus ChrisJ/Texas as Change.7f'CCur. Certifying Per1lon /5:JA-....dy f'.e It. uP cK- Title f/, ~ (' - Ir u r '/ e...:t- (Type or Print) ~ / / Signature of Certifying Person: ~#~ Date: / - '1- ~ (, II Exhibit 5 II DEFINITIONS a "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. .Consultanr. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 9 CITY COUNCIL AGENDA MEMORANDUM January 17, 2006 AGENDA ITEM: Motion approving the Developer/Owner Agreement with Brighton Park Baptist Church developer of Brighton Park Baptist Church Lot 1, Subdivision located south of Brooke Road and east of Airline Road to secure the construction of an 8-inch and 12-inch water line infrastructure requirement. ISSUE: Brighton Park Baptist Church, owner and developer of Brighton Park Baptist Church, Lot 1 Subdivision, chose not to construct the required 8-inch and 12-inch water line infrastructure plat requirement as a resuh of higher bids which exceeded the approved and appropriated reimbursement amount. Brighton Park Baptist Church has deposited a letter of credit to provide security for the cost of construction of the 8-inch and 12-inch water line infrastructure requirement. RECOMMENDATION: Staff recommends approval of the motion as presented on an emergency basis. opment Services Attachments: Exhibit A Exhibit B Exhibit B-1 Exhibit B-2 Exhibit C Background Information Location Map f Water Line Exhibit Map 12-inch Waterline Exhibit 8-inch Waterline Exhibit Agreement h:\. ..\gen\ag04\sp30.m AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development of Brighton ParK Baptist Church, Lot 1 (See Exhibit B- Location Map) was required to extend 384 linear feet of a 8-inch PVC water distribution main (Exhibit B-1) along Brooke Road and 640 linear feet of a 12-inch PVC water grid main (Exhibit B-2) along Air1ine Road as a plat requirement. After approval and appropriation of a water1ine reimbursement application, bids received were higher than the amount appropriated. The Church chose to submit a Letter of Credit for the amount appropriated and not construct the required water lines. The water line infrastructure will be constructed by an adjacent developer of Manhattan Estates Unit 2 to extend the same 12-inch grid main and a-inch distribution main to serve the respective subdivision along Air1ine Road. Brighton ParK Baptist Church, owner and developer of Brighton ParK Baptist Church, Lot 1 Subdivision has an existing church and school facility and needs to record the plat to be able to connect to City water. The 12-inch water grid main is required by the City's Water Master Plan and is eligible for reimbursement as a water gird main in accordance with the Platting Ordinance requirements. The off-site 8-inch water line is also eligible for reimbursement in accordance with the Platting Ordinance. The final plat for Brighton Park Baptist Church, Lot 1 was approved by the Planning Commission on November 16, 2005. Application for reimbursement was approved per Ordinance 026423 ($47, 146.28-12-inch water line) and Ordinance 026423 ($10,635.41~inch water line). The total amount of the Letter of Credit submitted by the developer equals the amount of the approved water line reimbursement application. The Church is required to pay all platting acreage fees, meet all other requirements for plat recordation, and comply with the terms of the Agreement For Waterline Infrastructure Construction (Exhibit C). Therefore the water line extension will be constructed by an adjacent developer who needs and has agreed to extend the said water line to serve the Manhattan Estates Unit 2 Subdivision. EXHIBIT A Chr18tua Spohn HoepItaI 00 -~- ."-. .~. " ,ft /~/- '. /" ~- ''r-...,/ ~ ~-/ ~ ~~~L ~ ~ / :If"'. '-!-.... ~/ ~/ I ~.~/f~/'...I , .~' 'I ~. r ". '-..; i I +' (y ;) ~ 4.- / ...."/ (::j/ (...;,' ,,/ .~. .-...... -...... ~.:. t-sh, ('l<\; "lOt Q 0' ~. B ~ I S-'//;'-'/r. OC"l w Z ::; '" <i' S"l-\( 0",-,/ .J./ * z ::; '" <i' Q/ PI I BI <f', I / / / ,~ / .;(.. / j. ~I " -........, 'I ~~ ~ / WATERLINE PLAN Scale: N.T.S. Dept. of Engineering Services i ( c!----~ ( -...... ~;c~ ...zS "<!.~(' ''-.,1 / 40006.00.00 BRIGHTON PARK BAPTIST CHURCH WATERLINE REIMBURSEMENT II Exhibit B II Page 1 of 1 :I: () a: ::>W :I:Z O::J .....a: CJ)W -I- .....< a..~ <( ale ~w a:(/) <(0 a.. a.. 0 za: 00.. ''-. 1-1: J:C\J (!lor- - a: OJ II Exhibit B-1 II Page 1 of 1 --...... n I( ~ l'oi , JIy/, -V<-';a'l>a <':;' "'}:' ,--:i" .. ~ :..t- , " ::, ~- ,:~ ': ~il z<.....,cr: j='...(.,.; 5~~ ~1E , / /'-... ~ / ,)/i, / , ~I ", ,_ "." , , 2 I / u / / / < ,", ) /?:('/, '" ":' ~ ""'- z ~~ -,............... '--::, -'\..~ ,"~ ~:~~ """" ~. --...... , ~/,~.,~~~ ~v / '~' -.~/......... /'._'-... t.. / ~'''- / I ~ I! ;~ ~" !~I;I I!!bs.; t7' C\I .~ Q) LL. .~ og C\lg .0 :Z:=S C/}~ <n o o N Q C7' ^,I C ~.. .... CI> CI> LL .~ or C\Ia .0 ... .::J J:>. C/).c \l") o o N -----.0 -,'1 I J J 'I I ! I I I J ! ;i ~ 'I,~(,......., ~.J\\..'i) i,c...\\~G ,~ r~ r I~'>:--;-___ )1 f.:,.....,'._ _,,>,._.._ ! .,...... "'.' . .'."". . . .,'.' 7 /'" \', ~j ! ' , j ! / I I ~...~'i-- J r / "~~;k~\.Il~C,)",,,,~, ! I '-'"'T' 'Ov .,:J t,', I . :6""'" '.J t\' I ~1' J I' ' J ! ,I / r, L ___ ' !~!-\: ------_J A~~~~ S\Il'- iff ~<I-':i' c."~,,p, ~"I"'Il\l'" 0"""",\,,<:, ~'\."" y,..' G ""Sl:i'\:) ~i-6\\~~~ - Q~ ~" r /:}I (~) ....~~ n~ ,,~ . ~'l "0 m W ~ ~': co Wii:!LO ~ ZDI~ w I[ C> ~ ~~ <i~Z~U8 ~ ...I W 0 ilIfl c:i !!I Ii ~ 1~8 ~I ~ J: U a: =>w J:z u~ I-a: CJ)W -I- I-<c ~~ COe ~W a:W <(0 o..~ za: 00.. I-~ J:oo (!) - a: III II Exhibit B-2 II Page 1 of 1 AGREEMENT FOR WATERLINE INFRASTRUCTURE CONSTRUCTION STATE OF TEXAS ~ COUNTY OF NUECES ~ THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule Municipal Corporation, PO. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Brighton Park Baptist Church, a Texas non-profit corporation, whose address is 3418 Airline Road, Corpus Christi, Nueces County, Texas, hereinafter called "Developer/Owner" WHEREAS, Developer/Owner in compliance with the City's Platting Ordinance, proposes to record the plat, Brighton Park Baptist Church, Lot 1, now described as 7.06 acres of land out of Lots 22 and 23, Section 20 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Vol. A, Page 41-43, being same 7.06 acres as described in volume 1834, page 824 of the official records ofNueces County, hereinafter called "Development", Exhibit 1; WHEREAS, the Developer/Owner has a plat approved by the Planning Commission, on November 16, 2005, and has not initiated the required construction of water line infrastructure in accordance with City approved construction plans and specifications; WHEREAS, the City has approved reimbursement appropriations to Developer/Owner of $47,146.28 for the extension of a 12-inch water line per Ordinance 026423 and $10,635.41 for the extension of a 8-inch water line per Ordinance 026424; WHEREAS, the Developer/Owner desires to avoid construction of the required water line infrastructure and has submitted a Letter of Credit totaling $57,781.69 for the construction of the 12-inch and 8-inch water lines, Exhibit 2; WHEREAS, the City has received an application for reimbursement of a 12-inch water line from the developer of the proposed plat, Manhattan Estates Unit 2 and that developer has agreed to include the construction of the required water line infrastructure not constructed by Developer/Owner; NOW THEREFORE, for and in consideration of the mutual covenants herein exchanged to be kept and performed, the parties do hereby covenant, and agree as follows: 1. City agrees: a. to record the plat of Brighton Park Baptist Church, Lot 1; and, b. to release the Letter of Credit upon the approval of the application for reimbursement from the developer of Manhattan Estates Unit 2 for the said required water line infrastructure. 2. Developer/Owner agrees: a. City may retain the said $57,781.69 Letter of Credit and call said Letter of Credit and use it for the construction of the required water line infrastructure, Developer fOwner Agreement for Water Line Infrastructure Improvements Brighton Park Baptist Church, Lot 1 Page 10f6 II Exhibit C II should the developer of Manhattan Estates Unit 2 fail to submit and obtain approval of an application for reimbursement for the construction of said required water line infrastructure within one year from date hereof and b City will repeal ordinances 026423 and 026424 and reappropriate the reimbursement funding to compensate the developer of Manhattan Estates Unit 2 for the construction of the required water line infrastructure. 3 The Developer shall deposit, with the City of Corpus Christi, in a form approved by the City's Director of Financial Services, before the Agreement is approved by Council, a total of Fifty-seven Thousand Seven Hundred Eighty-one Dollars and Sixty-nine Cents ($57,781.69), by Letter of Credit for 1100.10 of the estimated cost of constructing the l2-inch and 8-inch water lines. 4. If the required improvements have not been completed within one (1) year from the date of this Agreement, the City will transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the l2-inch and 8-inch water lines with any monies received from the Developer, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. 5. If Developer defaults in any of its covenants or obligations under this Agreement, the City Engineer will send the 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 receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the l2-inch and 8-inch water lines. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the 12-inch and 8-inch water lines, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the 12-inch and 8-inch water lines and settlement of construction contracts. 6. Developer waives and disclaims its rights and interests in the Transmission and Grid Main Construction and Reimbursement Agreement and the Distribution Main Extension Construction and Reimbursement Agreement approved by Council on August 30, 2005. 7. The City's Director of Engineering Services, at Developer's expense, shall file of record this Agreement in the records ofNueces County. 8. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party. 9. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mai~ shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the Developer fOwner Agreement for Water Line Infrastructure Improvements Brighton Park Baptist Church, Lot I Page 2 of 6 signature of the 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. 10. This Agreement shall be construed under and in accord with the laws ofthe 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. This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party. Unless otherwise stated in this Agreement, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the 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 petformable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, (nINDEMNITEEsn) AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WIDCH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF BRIGHTON PARK BAPTIST CHURCH, LOT 1 INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. Developer fOwner Agreement for Water Line Infrastructure Improvements Brighton Park Baptist Church, Lot ] Page 3 of6 The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 3. Developer fOwner Agreement for Water Line Infrastructure Improvements Brighton Park Baptist Church, Lot I Page 4 of6 EXECUTED IN TRIPLICATE originals, this _ day of , 2006. DEVELOPER/OWNER: Brighton Park Baptist Church Trustee John Wallace Johnston STATE OF TEXAS 9 COUNTY OF NUECES 9 This instrument was acknowledged before me on 2006, by , as Trustee, of Brighton Park Baptist Church to do business in Texas, on behalf of said corporation Notary Public, State of Texas Trustee James Evert Knutz STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on , 2006, by , as Trustee, of Brighton Park Baptist Church to do business in Texas, on behalf of said corporation. Notary Public, State of Texas Developer fOwner Agreement for Water Line Infrastructure Improvements Brighton Park Baptist Church, Lot I Page 5 of 6 ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary George K.Noe, City Manager APPROVED __ __ day of _~ __ _______, 2006 By:. Gary W. Smith Assistant City Attorney STATE OF TEXAS ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on , 2006, by George K. Noe, City Manager of the City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Developer IOwner Agreement for Water Line Infrastructure Improvements Brighton Park Baptist Church, Lot 1 Page 6 of6 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01/10/06 AGENDA ITEM: Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-254, Maximum Auto Wrecker Service and Storage fees, providing for fee increases, changing the tenn "preservation fee- to "impoundment fee- and using "longer than 25 feet" as a trigger to charge large vehicle daily storage fees; all changes of which confonn to controlling state law; providing for severability; providing for publication; and providing for penalties. ISSUE: Local Wrecker companies requested modifications in the local ordinance. BACKGROUND: State law governing the fees was modified September 1, 2005 and the local companies requested a review of local ordinance as well as a rate study of other cities fees. The rate study was conducted by the Police Department and the fee increases requested by the wrecker companies were reasonable based on other cities. The survey is attached. The changes in the ordinance are as follows: 1. Change the term "preservation fee" found at Sec. 57-254(d)4. to the term "impoundment fee." Strike all fee requirements found at that subsection and replace them with ''for any action that is taken by, or at the direction of, the owner or operator of the facility and is necessary to preserve, protect, or service a vehicle stored or parked at the facility." Reason: "preservation fee" is an obsolete tenn. 2. Change the trigger for storage fees from "capacity less than one ton" and "capacity of one ton or more according to manufacturer's rating" to "not longer than 25 feet" and "longer than 25 feet." Reason: the fee is for storage space, not weight. Also, it is far easier to enforce a length trigger than a weight trigger. Finally, state law uses the "25 foot" trigger. 3. Approve all requested fee increases listed below: a. Nonconsent tow fee - $90 (a $15 increase) b. Impoundment fee - $20 (a $10 increase) c. Notification fee - $50 (a $18 increase) d. Daily storage fee - $20 < 25 feet, $35> 25 feet Reason: CCPD's survey concludes that Corpus Christi non-consent towing fees and storage fees are categorically lower than nearly every city surveyed. REQUIRED COUNCIL ACTION: Approval is necessary to enact the changes in the ordinance. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the ordinance changes A:( l ~.1~lng Acting Chief of Attachments: . Ordinance . 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ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57, VEHICLES FOR HIRE, SECTION 57-264, MAXIMUM AUTO WRECKER SERVICE AND STORAGE FEES, PROVIDING FOR FEE INCREASES, CHANGING THE TERM "PRESERVATION FEE" TO "IMPOUNDMENT FEE" AND USING "LONGER THAN 25 FEET" AS A TRIGGER TO CHARGE LARGE VEHICLE DAILY STORAGE FEES; ALL CHANGES OF WHICH CONFORM TO CONTROLUNG STATE LAW; AND PROVIDING FOR SEVERABIUTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRI8n, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-254, Maximum auto wrecker service and storage fees, is hereby amended as follows: Sec. 57-254. Maximum auto wrecker service and storage fees. The following towing fees shall be paid by the person reclaiming the towed vehicle: (a) Police-initiated nonconsent rotation list tow fees will be paid to the city at the city vehicle impound lot. (b) All other fees will be paid to the auto wrecker company according to that company's policy. (c) If a vehicle owner or operator has paid all applicable parking fees and charges and requests the release of a vehicle after an auto wrecker has arrived at the scene and started physically attaching the vehicle to the auto wrecker, and before the vehicle has been towed from the location, the auto wrecker owner or driver shall release the vehicle upon payment of a drop fee. (d) Maximum towing, storage and administrative fees. 1. All permitted wreckers other than rotation list category B wreckers: a. Normal rotation list non-consent tow (includes double hook up) . . . $ 76.00 J 90.00 b. Private property impound. . . 85.00 c. Drop fee. . . 50.00 d. Tire change rather than use dollies: !. One tire. . . 15.00 ii. Two tires. . . 20.00 Required use of dollies, go-jacks or skates. . .30.00 e. Additional labor such as winching for removal from a ditch or water, righting an overturned vehicle or for similar unusual circumstances (all inclusive) . . .30.00 f Total maximum towing fee including the use of dollies and additional labor, but excluding additional time at the scene and unusual distance Rotation list tow. . . 135.00 Private property impound tow . . . 145.00 g. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour not caused by delay on the part of the permit holder, per 30 minutes. . . 15.00 h. Unusual distance charge: I. Additional fee for a tow originating from the area within city limits west of Callicoate Road to US 77 . . . 5.00 ii. Additional fee for a tow originating from US 77/IH 37 and from the area within city limits west of US 77/IH 37 . . . 15.00 iii. Additional fee for a tow originating from the area within city limits east of the JFK Causeway to Fish Pass. . . 5.00 iv. Additional fee for a tow originating from the area within city limits north of Fish Pass to Port Aransas city limits. . . 15.00 J. Cleanup only, no tow required. . .35.00 2. Category B auto wreckers: a. Normal nonconsent tow (includes double hookup). . .200.00 b. Additional labor such as winching for removal from ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances (all inclusive) per 15 minutes. .20.00 C. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour not caused by delay on the part of the permit holder, per hour. . .50.00 d. Working time, per hour. . . 200.00 3. Daily storage fees: Storage for all or part of the first 24 hours, and for each subsequent 24-hour period or part thereof: a. Recovered stolen vehicles. . . 5.00 b. Vehicles with rated GapaGit).1 less than ooe (1) ton aoo9fding to manufaelYr:ers ratiAg (inGIwEfing bwt not limited to passenger oars, ~~ns and pickup trucks with a capacity of less than one (1) ton) not lonaer than 25 feet. . . 15.00 c. Vehicles with rated aapaeity of one (1) ton or more a0G9FEting to manufaGtwrer's rating loncer than 25 feet. . .4&:00 30.00 4. Preservation Imooundment fee for 00\.'8"ng bFOkenJinoperable wind9't.f6 'lAth plastiGAape, or similar aGtiens. Can ge charged only if actually performed; per ':Jind~.... oo'/ered marge or use of a tarpaulin for vehicle ~.~r; maximum any adion that is taken bv or at the direction of the owner or ooerator of the facilitv and is necessarY to Dfeserve. Protect. or service a vehicle stored or parked at the facilitv. . . .moo 20.00 5. Notification fees for: Vehicle registration research, certified letters, newspaper advertisements and preparation necessary to inform the last registered owner and lien holder(s). Can be charged only if actually performed. . .32-:00 50.00 (e) Multiple vehicles. 1. When a vehicle and trailer are both towed by one auto wrecker, only one (1) towing fee shall be paid to the owner. If the vehicle and trailer are too large or too heavily loaded to be safely towed by a single wrecker, another wrecker may be used and an additional fee charged. 2. When more than one (1 ) vehicle is transported by one (1) auto wrecker, e. g., motorcycles or parts of vehicles, only one (1 ) towing fee shall be paid to owner. (f) Invoices. 1. Each customer invoice shall include the owner's company name, business address and phone number, permit number, name of the auto wrecker who performed the specific assignment being invoiced, date and time of assignment, date and time assignment completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an itemized statement of charges. A fee schedule listing the maximum towing, storage, etc. fees shall be attached to each consent tow invoice. 2. The city shall provide each owner with the basic fee schedule copies to attach to the consent tow customer invoices. Failure to attach the fee schedule shall be grounds for revocation or suspension of owner's permit, unless the vehicle owner or agent consents to the omission. 3. Each owner has one (1) or more auto wreckers permitted to him under an auto wrecker permit number. Only service provided by an auto wrecker permitted under an auto wrecker or rotation list permit number shall be invoiced by the owner, his agent or employee to that permit; service provided under any other permit number than the permit number under which it is billed is in violation of this ordinance and shall be grounds for revocation of the permit. 4. Each owner shall invoice the police department for nonconsent (impound) tows, which shall include an itemized statement of charges and an explanation of all charges above the normal towing only fee. 5. The chief of police will review each invoice and either approve or reject charges for services rendered. (Ord. No. 20235,91,3-8-1988; Ord. No. 21713, 91, 7-27~1993; Ord. No. 21834, 51,12-21-1993; Ord. No. 22296, S4, 7-25-1995; Ord. No. 25119, 524,11-19- 2002) 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 of this ordinance shall be made in one issue of a newspaper of general circulation in the city in accordance with the requirements of the Charter of the City of Corpus Christi after which publication this ordinance shall be in force. SECTION 6. Violation of this ordinance is an offense, punishable as provided in section 1-6 of the City Code of Ordinances. That the foregoing ordinance was re~or the first time and passed to its second reading on this the ~Day of 2006, by the following vote: Mark Scott Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Bill Kelly Jesse Noyola Jerry Garcia John Edward Marez That the foregoing ordinance was read for the second time and passed finally on this the Day of I 2006, by the following yote: Henry Garrett Rex A. Kinnison Brent Chesney Melody Cooper Bill Kelly Jesse Noyola Jerry Garcia Mark Scott John Edward Marez PASSED AND APPROVED this the Day of I 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Legal Form Approved ~ -;J./-:'2005; ~~- Randy f( Stoneroad Assistant City Attorney 11 \ CF'\'DA '\1 F '\10R\ :\DF\1 PI BLI< HFARIN(~- [ONI,\(. I~ It\ I. tllll1l'I!\c.IIU!1 1 )dle' i i il(l) Case :\0. 1205-01-Sbaron Gilleland: .\ iun1l1g l'hdllgc Crull1 .lZ-ll3" Oll..:-family DVvdllllg Dlstn(\ to an "\B" Professional Office Distnct The property IS 111 the Del Monte Suhdiviston. Block 5. Lot 13. located at the northwest corner or the 1Otersectlon oj Santa h: and Indiana A venue. PlanniIu! Commission and Staff's Recommendation (12/14/05): Dc'nial of "AB" Professional Office Distnct and mlwu thereof. approval of a "R-2" Multiple Dwelling District. Requested Council Action: Denial nf"AB" Professional Office District and in lieu thereof. approval ora "R-2" Multiple Dwelling Distnct Purpose of Request: To bring the current duplex use into conformity with zoning law and have the option to convert one of the apartments into office space if needed. Summan': . The Request: The applicant has requested a zon1Og change from "R-1B" One Family Dwelling District to an "AB" Professional Office District to bring the duplex use into conformity with the zoning and to create the potential for cunverSlOn of one or both apartments to an office use. No change of use IS anticipated at this time, hO\vever the CUlTent owner is in the process of selling the property and rezoning IS necessary tu bring the use into conformity with the zoning. . History: The property was permitted by the City 10 1938 for a 1,200 square foot house, The City's property database records indicate a 1,200 square addition was added but there is no record of a permit bemg Issued. . Parking: The property contains t\VO twelve hundred square foot two bedroom apartments served by a two car driveway off of Santa Fe Street. The parking requirement for the two apartments is four spaces. The attached aerial photo of the property shows that there is additional space on the lot to proVide parking for the apartments. The property does not have sufficient room to fully convert to offices and provide the required twelve park10g spaces. While there is an "AB" Professional Office District vacant lot to the south across Indiana Street, the applicant does not own the property or have permission to place parking on the vacant lot. . lltilities: Wastewater and water are available. . Comprehensive Plan and Land Use Compatibility: The proposed office land use is generally consistent with the Future Land Use Plan but the property is too small to provide the required parking needed for office uses. A change of zoning to allow low density multi-family duplex uses is appropriate because there is sufficient room on site to provide the required four parking spaces. Recommendation: Denial of"AB" Professional Office District and in lieu thereof, approval ofa "R-2" Multiple Dwelling District Applicant's Position: The applJcant IS III agreement With recommendation. \gclldu \1c '\,'IJIlJUIl< ase Nn i ;"'-Lti (~ncil~)ll "-J1 1L'1~li I.!i Paet' 2 Notification: Oftht' tWt'ntv-llll1l' 11ll! I1tltlc't'S mailed Inlhe slIrrollndini! properly O\vners. one (I) was i...'luITh.J I i'a,uf I.U;\j 1\\\.. \~~.I \\\- '\''-,\..1 '-,,; 11 UPt)U~'I; \'1 'ria: .:!oou rule is not inyokcd. '[his cast is considered IWIlC()lltr()\t'rsial. \llchael N. (llmnmg. AICP \sslstant Director of Development Services MG/FUM gp Attachmc nts: 1 ) Z umng Report 2) Planning Comnllsswn MlI1utes (12 14/(5) 3) (l,'dinance ii\!'l Ni)JP 'i11AHFf)\(;\11 \W()R!',!\(;Fr~1)I'v!Hv1'l)i)' Ikccmbcr 12!i'.iJ i\(iLNIJAMFM() doc CITY COUNCIL ZONING REPORT Case No. 1205-u 1 Planning Commission Hearing Date: Decemher 14. 2005 ~ I: Applicant: Sharon (iilleland - -.8 Owner: same ;.. Q. .~ tf.r: Agent: same c..J ~ Legal DescriptionlLocation: Del Monte. Block 5. lut 13. located at the northwest comer of the ~ Q 1Otersection of Santa Fe and Indiana A venue. ~~ I: Q,l .- = c:: r::r o Q,l N~ From: "R-1B" One-Family Dwelling Distnct To: "AB" ProfessJOnal Office Area: 50' x 125' Lot with 6.250 square feet or 0.14 acres Purpose of Request: To bring the current duplex use into conformity with zoning law and have the option to convert one of the apartments into office space if needed. ~ I ~._._.~-- ---- -- -.-- '" Zonin\! Existine: Land Use Future Land Use ~ ! Site -' "R-IB" One-Family Medium Density Medium Density "C I: i Dwelling District Residential - duplex use Residential ~ ~ -- North "A-I" Apartment House Medium Density Medium Density "C District Residential Residential I: ---~---- -- ~ South "R-lB" One-Family Medium Density Medium Density ~ Dwelling and "AB" Residential and Vacant Lot Residential and I: .- I: Professional Oflice Dlstnct Professional Office I 0 ------ N East ! "R-lB" One Family Dwelling Low Density and Medium Low Density Residential ~ ! and "A-I" Apartment House Density Residential i and Medium Density c ! ~ i District , Residential '" .- I West ~ "R-IB" One Family Dwelling Medium Density Medium Density ~ Residential Residential Q. '" Area Development Plan: Southeast ~ I: :;~ ~ 0 .- Map No.: 044042 - ~ Zoning Violations: No pending actions however, the "R-l B" One Family Dwelling District does ~ - Q 0 .- not allow duplex uses. ~ ~ '" i ~ ! ~ 0 I Santa Fe Street __ ~ l__~___ ~__ Street Type Existing Paved Section 60' R.O.W. wi 48 ft. BB pavement Volume (2001) Arterial 10,010 a.d.t. c ~ is is := rJ) rIJ '= ~ .... rJ) . I h~ J{~4U~"'I: j i,l: appll(Lllll has IL'qUl'~IL'd a LUn1l1g. Chdllg<..: liulll R-ll3" On<..: rallldy j)\\ elhng Dlstnc\ '0 an " \H" ProCessJ\)1l;11 (It'fice I )lstnct to brlllg the duplex use mto cOll!urmlty '.\ ttll thl' /Ulli!lg ,lIlll to nl'~I1L' till' ]1otclltlalll1r CUl1\'l'IS1Un of (111(' or both apartnwl1ts tll all illfll'l' LhC No changl' "I USl' h .1!1\lclp;tlL'd at tillS time, hO\\L'vn till' l'lIIIL'llt U\\ Ilcr IS III iile pIl)CL'~~ Ul ~l'lllllg the: Pi l)I1(I't\ and IL'/Olilllg IS n<..:ccssary to bnng the llse 111lu LlllI!UrI11il\ .,' 1111 thl' /l1111:11.: . History: the pro!)ert\ \\ as pl'llllltled (1\ I Ill' (11\ 111 19,':; !()r a 1,200 square loot hOllse Ihl' Clt\ 's prupnty lLub,hl' rClllrd~ IIldl,'" c' " ! .~()(I 'lillJIl' :ldchtl0!l \\as added but there IS no record of a permit bemg Issued . Parking: The pruperty contallls two twelve hundred square foot two bedroom apartments served by a two CJr dnveway off of Santa Fe Street. The parking requirement for the two apartments is four spaces. The attached aerial photo of the property shows that there is adchtional space on the lot to provide parking for the apartments. The property does not have sufficient room to fully convert to offices and provide the reqUlred twelve parking spaces. WhIle there IS an "AB" ProfeSSional Office District vacant lot to the south across Indiana Street, the applicant does not own the property or have pern1ission to place park10g on the vacant lot. . lJtilities: Wastewater and water are available. . Comprehensive Plan and Land Use Compatibility: rhe proposed office land use is generally consistent wIth the Future Land Use Plan but the property IS too small to provide thl' required parking needed for office uses. \ change of zon1Og to allow low density multi- family dupln. uses is appropriate because there IS suffICIent room on site to proVide the required four parking spaces. . fI; - := ~ - s:;,S r:.f) i The subject property IS platted. - = :l ~ = is ~ t: = ~ = Q,e ~ r . 0.... The" AB" Professional Office district is intended to create office space of a high character with attractive surroundings that would be compatible with single or multiple family dwellings. The land use and exterior controls over this district make it a compatible zoning district within or adjacent to residential development. .Uliillg Ke;'un '1'.' "'" : 'n<i.J\) 1/ ;,!1,,11,,<1; Page' 3 Q :> .- ... ~ "0 ~ Del1lal uC"A13" l'rok:-,siulul (ltllcc Dlstnct and In liell thereof, approval of a "R-2" Multiple ~ DweU10g Distnct. - Q (j ~ fhe applicant is agreeable to the "R-2" Multiple Dwl'llll1g DIstrict rL'l.On1l1g. C ~ ... 'f1 '" --0 = 001 001 ;0- S oa:; S ~ Q uC:Z:: Number of Notices Mailed: 20 , Favor: 0 I Opposition: 1 i (As of October 13,2005) Attachments: Zoning Map i I.'I'LN.DII{\SH;\ REn'( ;AIL\WORI)\ZO". RPTS'2005\[)ecember\('C 1205.0] Reportdoc ii:- l\.\.. lrl '..fbt'N" 'O"i-III ilnlklandi f)age ... i I . PI.~ DII) Sf!..\ R ['1)'( . ..\' I.' \\ ill< I 'VI )". !iI'T';)!H "'1 ),..'Tmner\('( ! )II'-[) 1 RClJllrt d,ll' ~4\ \( \ A\S' \ '\ . x, \7~.A \j \ \-v \ x ~ \ x,t.- /\,.C'\ \ ..... ,/" \\?, .\ ,~\ \ \ \).()\ .\ 29NOV05/HK C.R Farm Rural District RE Residential Estate District RA One Family Dwelling District R-1A One Family Dwelling District R-1 B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District 1"1B Manufactured Home Park Dist. .le Manufactured Home Subdivision District // /'/' ~/ \ \ "\ \ ,:1-' /\. \/ // // \ \\ /y //'\ \. \ // /\ ' '\ 'VA \4 \- \ /' /~' \" \ " /' </\ \ \ \ \Yc/~o'/ \;\ \../ \ .... \/ 00\O~ \ 0 ~//7 \ 9\ . / 10 11 \// \...-' ,/ R-1B ,.//' / \. \. \ ..x / \ / \ Case No. Z1205-01 Notice Map A.1 Apartment House District A.1A Apartment House District A.2 Apartment House District A T Apartment. Tourist District AB Professional Office District 1-1 Limited Industrial District 1.2 Light Industrial District 1.3 Heavy Industrial District SP Special Permit PUD Planned Unit Development B-1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier Island Business District B-2 Bayfront Business District BD Corpus Christi Beach Design Dist. B.3 Business District B-4 General Business District 6.5 Primary Business District 6-6 Primary Business Core District HC Historical-Cultural Landmark Preservation ...................'.." . .. :1,,1;;:., .... . , -'--.-0 _ . --_ ~ NORTH o 100 200 I Feet \l1'il'TES RH;('I \R PI \ "'il~(; (,O'\r\HSSI01\ :\HETlN(; ('ollndl (,hamhl'n- (,it\ lIall \\ l'dnesda~ -- Ikl'l'lIIher I.t 2005 :\c"\ IUllllle' ~l 12U)-OI Sh~!rnn Ciilklan(1' "R-I R" One-famlly Dwelling District to an "AB" Professional Office Dl,o;1!lct Del Monte, Block 5. Lot U. located at the northwest corner of the 1Otersection of Santa Fe Jnd Indiana r\ venue f\lr. Robert Payne addressed the Commission describing the subject property located at the northwest comer of Santa Fe and Indiana A venue and the request of a rezoning to an "AB" Professional Office District for the purpose of bringing the existing duplex into conformity. The subject property are "'.400 ~qlj;\re foot ~tructure with two (2) apartments The butldin~ was originally built as a 1.200 single famlly hOllse III 19.3~. Smce then, a 1,200 square foot apartment was added \vlthout a build10g permit. fo the south of the subject property IS an "AB" zone and to the southwest IS a multi-family distnct, an 'A-1" z:on1Og IS directly 10 the north The future land lISl' map c,ilb for multi-famtly use. There were 29 notices ma tled out \\'1th one ( I ) notice belllg returned 1 Il ra \or and two (2) notlces returned III opposltJon. In answer to CommISSIOner Skrobarczyk' s questJon, Mr. Payne stated that the subject property has two (2) parking spaces off of Santa Fe Blvd. The owners need four (4) parking spaces for a duplex use which could be accomplished on the property. In answer to Commissioner Pus ley 's questIOn, Mr. Payne stated they would need a total of twelve ( 12) parkmg spaces for the 'AB" zomng. The mam objective of the applicant at this point IS to bnng the Wiling into compliance with the duplex use Public hearing was opened Valdemar Gonzalez, 31 ~ Indiana A venue, Corpus Christi, Texas stated that this is a troubled corner because of the limited parking and the streets being very narrow. Mr. Gonzalez stated that an advertIsing firm IS located across the street next to the vacant lot. Conversations from the neighborhood have resulted in a consensus regarding the problem of parking and the future negative aspects to the neighborhood. \\iayne Gilleland, husband of appltcant, 100 Country Club Dnve, Corpus Chnstl, Texas stated that the initial reason for the rezoning was to bring the ;:onlllg into compliance and the present use of the property which is a duplex lIlto alignment. The property has been up for sale and the prospective buyer was interested in developing the property for office use. Mr. Gilleland stated that there was no objections to rezoning the property as an "R-2" zoning that would accommodate the parking that is available. Mr. Gilleland stated that when he bought the property the apartment had already been added. ( ommisslOner Salazar stated that he would not agree with an 'l'\B" zon1Og for this subject property hecause of the limlted parkmg spaces. 1'lall!lIni' C(1I'1ml~SHln \11[1Ull" , aSl \10 1211'-01 ShiJI,)IJ \iilkliJilJI Ir JnS\l,er II' ('OJl1f111~sioller 1!1Ierla', ljuestiul1,:m "R-~" lonin\,' would require four (4) park1l1\,' '.ll;h' cs \lullOt1 fur ,lppro\ul or Ull "R-~" rcDlIlll1g \\a~ IllJlk by COJ1lJ1l1SS\()t1C!' Salazur and seconded b) InrnmlSStOner Pusky with ('Om1l11SSI011l'r /aJ1lora bC1!li.! absent. \'lr. (llln11ln)! stated that the Plant1Jl1~ I )epaT1ment supports the "l{-2" l\ll1lng. i'!.I'! DIF SH,\I<[!)(,Ai!'WO[(il'..'\(;) \iD!\!lM 'OCr" Ikecnlhn '0' ,,1'v1111UIc, 1\,el')11>1"c Pa~2 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION 8)' SHARON GILLELAND BY CHANGING THE ZONING MAP IN REFERENCE TO .14 ACRES OUT OF DEL MONTE, BLOCK 5, LOT 13, FROM "R-1B" ONE FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE 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 Sharon Gilleland 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, December 14, 2005, during a meeting of the Planning Commission, and on Tuesday, January 17, 2006 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 14 acres out of Del Monte, block 5, lot 13, located at the southwest corner of the intersection of Santa Fe and Indiana Avenue from "R-1 B" One Family Dwelling District to "R-2" Multiple Dwelling District. (Map 044042) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR\Joseph\Zoning-05\1205.01 Alternate R-2.doc Page "2 of :) SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 1 ih day of January 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor, The City of Corpus Christi APPROVED ,1--.-.. _ II Joseph Ha~"I\-~ Assistant City Attorney F or City Attorney 2006 H:\LEG-DIR\JosephlZoning-05\1205-01 Alternate R-2.doc Page of3 ,;orpus C fistl. Texas ia of 2006 fa THE MEMBERS OF THE CITY COUNCIL Corpus Christl Texas For the reasons set forth Ifl 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. R espectfu Ily, 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 H\LEG-DIR\.JosephlZonlng-05\1205-01 Alternate R-2doc 12 ..\(~ENDA !\1EMORANI)li!\( Pl BUC HEARl~G Z()NI~G \(11) ( dunctl ,\ctlUll Date 1 1 -: UG) Case No. 1205-02- Yorktown Oso Joint Venture: A zonll1g change ti'om "R-I B" One-family Dwell10g District to a "R-l C' One-family Dwelling District. The property is in Rancho Vista Subdivision, Block 1, Lot 2. Block 2. Lots 21..1, Block 3, Lots l-I..t and Block 5, lots 9-20. located south of Yorktown Boulevard, and I '\50 feet east 1)1' AIrline Road extension and Rodd held Road Planning Commission Recommendation (12/14/05): Approval of a "R-l B" One-family Dwellinl! District with a Speclal Permll on SIX (6) lots Staff's Recommendation (12/14/05): Approval of a "R-1C" One-family Dwelling District Requested Council Action: Approval of a "R-lB" One-family Dwelling District with a Special Permit on six (6) lots. Purpose of Request: Develop 48-lot slllgle-family area WIth reduced front yard setback. Summan: . The subject property is proposed for low-density residential development and consists of 12.102 acres and IS platted. . Plans for the tract indicate the development of 48-lots for single-family usage. April 2004, the subject property was rezoned from "F-R" Farm-Rural District to "R-IB" One-family Dwelling District . During the development phase of thlS project. a need to reduce the front yard setback of the residential lots was identified, in order to vary the distance along the street view area. . The "R-l C" District allows for a minimum lot area of 4,500 square feet and minimum lot width of 45 feet with a front yard setback of 20 feet The "R-l B" District provides for a minimum lot area of 6,000 square feet and minimum lot width of 50 feet with a front yard setback of 25 feet. . Proposed development would generate 480 average vehicle trips along Yorktown Boulevard. Yorktown Boulevard is designed a rural artenal roadway and is listed as an unfunded long-range street 2003 Capital Improvement Project. . The Southside Area Development Plan future land use map recommends low-density development for the subi ect property. The "R -1 C' District is consistent with the land use plan. Staff Recommendation: Approval of a "R-l C" One-family Dwelling District. Applicant's Position: The applicant concurs with the staff recommendation. \gelHL, \tc"ll.lr..iIlJUI11 ,...ase!'\,. i j'-U2\)Uft...[U\\IlU"", Page 2 ~otification: utlhc SI\. ((1) notlU..'S 1ll~llkd In the sllITI11lndlllg pmperty O\vners, zero (0) was returned in favor and zero (0) were recl'ived 111 OpposItion. The 200!.., rule is not invoked. This case is considered cOl1trml'lsial, in that staffs recommendation differs from that of the Planning Commission. /~ I - ,,' ,J ! i i I. \'llchacl "J. (illnllll1g. AICP '\~~lstant [)ll'l'ctor or Development Services M(jiF( itvlgp Attachments: I ) Zoning Report 2) Planning CommIssIOn M10utes ( 12 ] 4/05) :I) Ordinance H\PLN-[)[R SHAREDJiAIL\WORD ACiENDMi..M'2U(J5 UcecmbcrI2u:i-U2 A,jENDAMEM() doc CITY COUNCIL ZONING REPORT Case No. 1205-()2 Planning Commission Hearing Date: December 14, 2005 ~ OJ; Applicant: 'r' orktown Oso J oint Venture ~ = - 0 Owner: Same as applicant ~:o _.S- Agent: Bart Braselton ; t Property Address/Area: Rancho Vista Subdivision, Block 1, Lot 2, Block 2, Lots 2-14, (.J tI) =a Q Block 3, Lots 1-14 and Block 5, Lots 9-20, located south of Yorktown Boulevard, and Q. 1,550 feet east of Airline Road extension and Rodd Field Road. ~ - {I'J <IJ = =- <IJ ~ ~ == ... == o N To: "R-l C' One-family Dwelling District Area: 12.102 acres Purpose of Request: Develop 48-10t single-family area with reduced front yard setback "0 = ~ , - "0 = ~ OJltl) = <IJ .- tI) ~~ N OJ) = .- - tI) .~ ~ ---.... Zoning Existing Land Use Future Land Use e Site "R -1 BOO District Undeveloped lots Low-density residential l North i "F-R"&"R-I C' Districts Undeveloped lots and General commercial and I single family residences Low-density residential _~+__~_~u~___ n , South I "R-l B" District Undeveloped lots and Low-density residential I land . Ea~:rt"F-R" District ~ -~ Undeveloped land Low-density residential West i "R-1B" and "R-lC" Undeveloped lots and Low-density residential ._~_LDistricts .--.-.----. -~ single family residences ~ tI) Area Development Plan: Southside ADP - The "R -1 C" District is consistent with the go ~ adopted Southside Area Development Plan land use map. ~ ~ . Map: 042030 ~ ~ Zoning Violations: None ~ i:':OIllng Report ('ase 0.0 20~-U2 (\ orklown l)so .IUlI\l \ eIlllllc' I Pa~e :' . ..... - ~ E E = . rrJ fIJ !:: = - rrJ . · rhc sllhllxtl1rtllll'rl\ IS propl)"cd lill' 11m -dcnsil\ residential development and L'unsisls u!' 1_) 1112 del\..''' and IS platted. . Plans for the tract indicate the development of 48-lots for single-family usage. April 2004. lhe subject property was rezoned fi'om "F-R" Fann-Rural District to "R-l B'o One-family Dwelling District. DUring the development phase or thiS project, a need to reduce the front yard setback of the residential lots was Identitied, in order to vary the distance along the street view area. The "R-l C" District allows for a minimum lot area of 4,500 square feet and minimum lot width of 45 feet with a front yard setback of 20 feet. The "R-l B" District provides for a minimum lot area of 6,000 square feet and minimum lot width of 50 feet with a front yard setback of 25 feet. Proposed development would generate 480 average vehicle trips along Yorktown Boulevard. Yorktown Boulevard is designed a rural arterial roadway and is listed as an unfunded long-range street 2003 Capital Improvement Project. · The Southside Area Development Plan future land use map recommends low- density development for the subject property. The "R-l C" District is consistent with the land use plan. ~ o ce Street -, , , I ------- - ----_.~. .,---~--- -- ---~-----_._._- Paved Section Volume I (2001 ) ! 100' ROW w/24 'rural 5,070 I paved section a.d.t. @ I I Planned-120' ROW w/2, Rodd Field 37' Bk to Bk paved Road section wi 26'median 40'ROW undeveloped road 4,300 Planned-120' ROW wl2, a.d.t. 37'Bk to Bk paved section @ Mansions I w/26' median 50' ROW wi 18' rural 5,020 a.d.t. paved section @ Rodd Planned- Undecided Field Road Rodd Field Road I ---- ---i-----. . --- ! Undeveloped Arterial - <1.1 <1.1 - - rrJ Airline Road - - ---+---- i Rural Local ! I _-____.____.._ _____ .___ .__.1____ LOllmg Report Case [\u. 120S-02 i Yurkto\VIl (}so JlllIll \ eIltllIl' i Page ~ "- - ;:: :.. E Subject prtlperty IS platted 'JJ . JJ - = CJ E E 0 u ,... . == CJ E ,... r... ~ Q. CJ Q Y orkto\\ 11 B\ll1!c\ ~lrd is inclll,kd 111 the long range street CIP for the follo'v\ ing sectiun: I. Yorktown Phase 1: Staples to Rodd Field Road 2. Yorktown Phase II: Rodd Field Road to Oso Creek 3. Yorktown Phase III: Oso Creek to Waldron Road Rodd Field Road is included in the long range street CIP for the following section: 1. Rodd Field Road: Saratoga Boulevard to Yorktown Boulevard . Rodd Field Road south of Yorktown Road is not included in long range street CIP. = o ~ CIl "t:l !:: = CIl CJ ~ E E o (j Cl.l ~ Approval of a "R-l (''' One-family Dwelllllg Dlstnct. i ! =, o! = ._, ,... ! O.()o~, .S .~ -g ! Approval of the "R-lB" Distnct with a Special Permit for the following block and lot numbers; = .- Cl.l! I ') = e E i Bock 2. Lots 7,11, Land 13, Block 3, Lot 1 and Block 5, Lot 5. .!! e =1 Q.,Qo U CJ Cl.li ~i I '" ' -= ~ ! Number of Notices Mailed: 6 5'C: I Favor: 0 E ~ ,I Opposition: 0 o Cl.l U ~ ! (As of December 9,2005) Zoning Map Plat H'PLN-D1R SHARE])\( j\IL\WORU\ZONRPTS\2(0)\[)ecember\C('! 20'-02RFPORJdoc 8-4 Cl <!. o a: uJ z :i a: ~ 8-1 F-R Yo~ Irl'o ~ .. ...1\11!J (v~ F-R F-R .4f,i'(.s: JJ'JI) y- ?9~;!)",; (i;~Sj~ ~ 1 ~Q~~(fJ)~ Ro\1i'il c~\ _~l or.tl\ =r!!l Yf :I=:I~~ ~~=-~,., F.R Farm Rural District RE Residential Esta18 District R-TH TownhousEl Dwelling District 8-1 Neighborhood Business District 8-1 A Neighborhood Business District B-2A Barrier Island Business District '-2 Light Industrial District I...J Heavy Industrial District SP Special Permit PUD Planned Unit Development R.2 Multiple Dwelling District RA One Family Dwelling District T-lt- Travel frailer Park District R-1A One Family Dwelling District T.1 B Manufactured Home Park District 8-2 Bayfront Business District R.18 One Family Dwelling District R-1C One Family Dwelling District T.1C Manufactured Home Subdivision District 80 Corpus Christl Beach Design District 8-3 Business Dilltrkt He Historical-Culturallandmark Preservation city 01 Co<pUI Chrisd. TX IJIlU.. , ! !' t_ A-1 Apartment House District A-1A Apartment House Dlstriel 8-4 General Business District 1\ .... i;!;~~~~l W~~~E ..... S A-2 Apartment House Districl AT Apartment-Tourist District 8-5 Primary Business District A8 Profes5ional Office District 8-6 Primary Business Core District 1-1 Limited Industrial District 0e~11rMnt of o.mapmltl'Tt hNtces o 200 400 Feet I "-.:JI'-'lt-~"*" ~ ,~ '" >~ , '1'> 'OR"TQWN 8QIJLEVARD ~r--'--i :SfQt\ ~ 1 t,;) 05"--D \ 400 I~ \ f-\--\-' 9 . i~' o n '9 w 0- '8 ,.jin: 1 LOCA 11 ON MAP N. T.5. ---- . 561' r51-E 300.00' i. '~ .,. - (6:5' ')fideS.tfeef .:- r1ed;'&1t~b~)' ; i "c._.~'- ~.~ . .' ...-' ~ : ,~~:~~::: = = ~-: = r 02 j;-:j3l ~ 2 I ~ " !' , ~ ~~~ ~~:i.R~~;-='.~j; i r-r------; ~~~:;J '8 ---- . :. L"ll, ,\,' ." ~]~~~! ~ -~~::~-1~ r-;--;: , _ \}\I': 0) !II ~ Ie... 1 ' : ~!! . 1 i ---~_: ::' i~'::~~~ c ~:~~~ g !~, i l ~11~--! ~ --~-----. ,~J....'Jt,,'1., -..lL ~~~. N -----ij :~! j '5 1!0) _ ~~ ~~ _L:~~~'~~~ ~ :S:J~ ~ ~<I-j 1-~!--!---0:O ',: .; _ ~..L I~~ _ ~ 4- ~;i! ;; 7 "';~ ':' ."-ca~{\V"(J. L:>"'''1 .~;- iJ,-':.-::- Z I <.;: i-..:.--".~ _rJ i: . /"'?' ----r'-~ ---'- -- - - ---- - -,~ ;:::;----- ;-, 1 i.... 8@,'""ie ~ -:"h ;~ 0; / ~-- -r ~ -7 ~--~: -~ . - ~- -- i 8 :; i i,' ~.-I~----{ :~ L':'~ i" :f: \-;:.1 ~'...l' J . _. : ~ .1:"( l _~ 1 __ POINT OF I 'i..-. ~ J i ,'-- ~ .,' ! '^ 1;' I _2 : ,,,' ! .o~ ! -,~ BECINNI ~--, 1 i i 9 i io w--r' " I 561,r51ioE i 76000" 7.:;'1J.0_ ~ 6! i ~------' !&1 __~~ ~. -.~ -- i~ --- -f - ,- j-';'Cl.f _ -!-i ~- \ - :--: - -> ---;!~--=--H I l}o ; i 2:~ci: , ; i 10 ! l ii,: :! t~--T-'-l ! r~; ~ ~" 1 /w;;c"J VISt' .st~. bnit"1 : S' ~----+--; :!. . !: - '~ ,.; _~_~_~~___L ~~u-f~--84.--~--~2i~ 'Mdtr-" ::'-~--- ~~~----~-j ,! rT~--i ! ~of.'RwctJs ~-r~ ~-----~ -------., ,__._______: . /?/f#.~fC3iE~lt:Jx -~:-- =-yq:[@'y-/)/W?===-=:-- --- ---'---.-- i i 1'5 ; j ~ /,,/ _/' _ ;--,.---_..i ; h . /" ~~ 679.00' Map to Accompany :I.lJN()TfS for a 12.102 Acre (527, 163.936 square foot) tract of land (not based on an on-thtl-ground SUfVl8)') Ollt of Rancho Vista 'JbdMsion Unit " a map of "lIiell is recorded in Volume 64, Pagss 225-226, Map Records of N/JfJCfs County, Texas 300 200 ~ \ ; <<,i iT. lidl \ ..:'<'~:!!f!--- .~~....d3/5',R. ~ ~ J.;: ii '" ~ ~ ~8-~ ~'l!::i~ (':;j~~!;: i~:;~ --}~ ~~~~ ~~i ~ ~ ~ ~ Ml'\'lTES REGl'L\R PLA:\NING COIW\llSS10N MEETING ('ouncil Chambers- City Hall \Vednesday - December 14,2005 h 12l!5-02 Yorktown ()so .I011l1 Venture Ranehu \1.;ta "1\ I H" (lne-Camll\ I )wcl1111g Dlslnct 19~!_':lLK' One:JanllIl Lh\eI1111~ Dl~lLIt:L_~__~___________ Rancho Vista SubdIVlslon. Alack 1. I ot 2. Block 2. LUIS 2-14. Block 3. Lots 1-14 and Block 5, Lots lJ-20. located south or Yorktown Boulevard, and 1,550 feet east of Airlme Road extensIOn ~ll1d Rodd Field Road ('ommissioner Braselton excused himself from the Planning Commission meeting. This subject property currently has an "R-l B" zoning and IS requesting a "R-l C" which will be a decrease In lot size to correct an error that occurred with the lineal view and set back which is located on Fred's Folly Drive. The surrounding area IS some reSidential and vacant land. The Future Land Use Plan calls for 10w denSity reSIdential. There were thIrty (.\()) notIces mailed out and zero returned in favor or OppOSltlUil Public hearing was opened. (Jeorge Magel, 7868 Yorktown, Corpus Chnstl, Texas stated this rezoning would reduce the property values in the area and the surrounding neighhors should be penalized for this error. The area is surrounded by one acre lots and don't feel this is right Chip Urban, Urban Engmeenng. 2725 Swantner. Corpus Christl, Texas stated that the property is already platted and the lots will not change 111 SIze. fhe error occurred when the property was surveyed and the foundation was placed too far forward. The front setback will change from 25 foot setback to a 20 foot setback. In answer 10 Commissioner's Pusky question. the error was made on a small amount of lots. Mr. Skrobarczyk stated that If we keep the homes uniform and the subdivision will look nicer and should not affect the property values. (ommisslOner Pusley stated that an exact number of lots would be needed before a decision could be made or tabling the case until additIOnal information was receIved. ( ommisslOner Huerta stated that (jeorge Magel, 7868 Yorktown, Corpus Chnstl, Texas stated he didn't understand how a mistake like this could happen and enforcing that all the homes wouldn't be built at the smaller size. Sylvia Arispe stated that at the time of approval of the re-plat. that will be what it is adhered to. ( 'hip Urban, Urban Eng1Oeering, 2725 Swantner. Corpus ChristI, Texas stated there are a total of seven (7) homes built at the 20 foot setback !'lanfl1n~ CIHnmlSSlOn \llnules (Y \lrkto\\ 11 OSO J"lnt \cnlurc) December -+, 2005 Pa~l' 2 Michael Gunning: stated that approval of a vanancc on this case could not be substantiated Mr. , ,UllI1lllg ~tateJ that one option llllght be a speCial pCll1l1l lur thc ~l.'\ell ('7) hom,,'s and maintain thl.' LOn1l1g IS;1 "R-llf' With a lot size 01'6,000 square root. ( Ol11miSSlOner Salazar stated that he would not have a problem supportll1g a special permIt. Crary Smith. legal coullctl, stated that we had before us a zonll1g issue and not a platting Issue. Mr. Gunnll1g stated that a condition of the special permit would be upon re-platting the property and would be an amended plan reflecting the' change ll1 the' front yard setback. i\1r. Gunnll1g stated that the special permit \v1l1 retlect the seven lots that have been developed and Lot and Block numbers ll1volved. Mr Chip Urban, Urban Engineenng. 2725 Swantner, Corpus Christi, Texas stated communication had been made with the applicant and had been provided the block and lot numbers. The applicant had stated that his preference was to rezone the development to an "R-l C" zoning. In answer to Commissioner Pusley's question, Mr. Gunning stated that the "R-IC" would only change the front yard setback and a maximum of two stories to be built. Carmen Casas, 7868 Yorktown. Corpus Christl. Texas 10quired as to the number of homes mvolved Mr. Gunning stated there are six (6) houses m the development. Mrs. Casas stated that a rezoning change should not take effect just because of a mistake made by the surveyor. Public hearing was closed. A motion was made by Commissioner Skrobarczyk for approval of the "R-IC" rezoning, No second was received by the Commission and motion failed to pass. Mr. Gunning read the lot and block numbers of the six (6) homes in the development. The block and lot numbers are as follows; Block 2, Lots 7,11,12 and 13, Block 3, Lot 1 and Block 5, Lot 5. Motion was made by Commissioner Pusley for denial of the "R-IC" zoning and in lieu thereof, approval of a Special Permit for the six (6) lots as received in the record. Motion was seconded by Vice- Chairman Garza. Motion passed unanimously with Commissioner Skrobarczyk opposing the vote and CommissIOners Braselton and Zamora being absent. H: PLN-DIR SHARE[)\{jA IL\WOR[)\ACJENDMEM.2005\[)ecember\ l205-02Minutes Excerptdoc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY YORKTOWN 050 JOINT VENTURE BY CHANGING THE ZONING MAP IN REFERENCE TO RANCHO VISTA SUBDIVISION, BLOCK 2, LOT 7,11,12 and 13; BLOCK 3, LOT 1; AND BLOCK 5, LOT 5, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "R-1B/SP" ONE FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT SUBJECT TO TWO (2) 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 Yorktown Oso Joint Venture 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, December 14, 2005, during a meeting of the Planning Commission, and on Tuesday, January 17, 2006 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 Rancho Vista Subdivision, Block 2, Lot 7, 11, 12, and 13; Block 3, Lot 1, Block 3, Lot 1 ; and Block 5, Lot 5, located south of Yorktown Boulevard and approximately 1,550 feet east of Airline Road extension and Rodd Field Road, from "R-1 B" One-family Dwelling District to "R-1 e" One-family Dwelling District. (Map 042030) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to two (2) conditions 1. USES: Only single-family residential dwellings with a twenty (20) foot front yard setback will be allowed on the following six (6) lot and blocks; Lot 7, Block 2 Lot 11, Block 2 Lot 12, Block 2 Lot 13, Block 2 Lot 1, Block 3 Lot 5, Block 5 H:\LEG-DIR\JosephlZonlng-05\ 1205-02alt .doc Page 2 of 3 2, TIME LIMIT: This Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined In condition #1 and in compliance with all other conditions and City rules and regulations. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 1ih day of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~ ,/:It1Q II Henry Garrett Mayor, The City of Corpus Christi 2006 Joseph rney Assistant City Attorne For City Attorney rl\L E G-DIRIJoseph\Zonlng-05\ 1205-02altdoc Page 3 of 3 ____ day of _______, 2006 Corpus Christi. Texas 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 H.\LEG-DIRuosephlZonlng-05\ 1205-02alt .doc 13 AGENDA I\1FI\10RANDl!!\1 P{BLI( HEARI:'IIG- ZONING ((!tv (uunci! A(11UIl Date 1 17 ()(y) Case No. 1205-03-}latdcia Hawn \Vallace, Trustee #2: A change oC zoning from "F-R" Farm Rural Dlstnct to a "R-l B" One-Family Dwellll1g District The property IS 33 25 acn:s out oC Lots 22, 23 and 24, Sectllll1 2:'. Fiuur Blulf and LnClllal Farm & Garden lraets, lueatcd on the suuth ~ldc 01' Yorktown Boulevard bctwcL'11 Rodd Fldd Road and the Cayo del Oso. Planning Commission and Staff's Recommendation (12/14/05): Approval ora "R-IB" One-FamIly Dwelling. District. Requested Council Action: Approval of a "R-1B" One-Family Dwelling District. Purpose of Request: Development uf all xx lot re~ldelltlal subdl\IS101l Summan' : . The Request: The applicant IS requesting a change of zoning from "F-R" Farm Rural District to a "R-lB" One-Family Dwelling District for the development of a single family subdivision with 88 residential lots. . Existing Land Use: The subject property is pnmarily vacant land with one single-family residence on the property . Transportation: The subject property is adjacent to Yorktown Boulevard. . Traffic counts along Yorktown Boulevard are 3,440 ADT (Average Daily Trips) based on 1998 Texas Department of Transportation Traffic Counts (TX DOT) . Yorktown Boulevard is desif,rnated on the Urban Plan Transportation Plan as an A-3 arterial v.ith no' of Right of Way with six lanes and a median. . 'Yorktown Boulevard is ilsted as a Long Range Improvement project In the City's Capital Improvement Plan, however the project is not funded. . Utilities: Water and wastewater connections are not currently available to the site. . Comprehensive Plan and Land Use Compatibility: The residential zoning is generally consistent with the Future Land Use Plan. To the west, Unit 1 of the Rancho Vista subdivision is under construction. The subdivision is zoned with R l-B and R l-C Single family zoning. Recommendation: Approval of the "R-I B" One-Family Dwelling DIstrict. Applicant's Position: The applicant is in agreement with the staff's recommendation. \gl'lldi.l \1c 'H)L.l:hluT aSC\\.i t. '.'_1 ~11)<1\ Icljj,:\\1 ,\~Ii Pag.e 2 "otification: 01 till' tlm-tee!l ( 1_, ) notlee~ Illa lied to the sllrrollndll1g property owners, one (I) was returned 111 fU\'or and zero (0) were rccel \cd 111 OppositIon. The 20olc) rule is not invoked. This case is cOllsidered no neo ntnJ\crsial. / ,/ /)~ /, . /~/hJ/ " / v "-~. I \lll'hal,j,\ (illnnmt!, .\ICP \~~Istallt ] )lrl'l'tor of I kvclopment SerVices \1(j,F<iM !!p Attachments: 1 ) Zoning Report 2) Planning Commission Mmutes (1214/05) 3) Ordinance H\PIN-[lIRISIIARE[)\( Jail ,WORD'A! iENDMEMI20(J.' ,Dl'ccmber.1205-IJ? ;\(jENDAVI EMO.dul' CITY COUNCIL ZONING REPORT Case No. 1205-(1:> Planning Commission Hearing Date: December 14,2005 -; CJ) ~ = ..J .S; ~Q.. C .C I:\l U U ~ :'::0 C. C. ~ CJ)~ = ~ .- = = 0' o ~ No::: I i i Applicant: Patricia Hawn Wallace Trustee # 2 I Owner: King's Cross1Og Realty, Ltd. I Agent: Lrban Engineering I Legal Description/Location: Being 33.25 acres out of Lots 22, 23 and 24, Section 25, Flour Bluff and Encinal Farm & Garden Tracts, located on the I ! south side of Yorktown Boulevard between Rodd Field Road and the Cayo del I IOso. I I From: "F-R" Farm-Rural District I To: "R-IB" One-Family Dwelling District I Area: 33.250 acres Purpose of Request Development of an 88 lot residential subdivision i I ~ . - - _._.~..- -.-----.- --- '""-"'-' -~--'_._.' ','-- -.----.--'.- I Zoning Existing Land Use Future Land I I ' I cr- Use ~ Si~---I"F-R" Farm-Rural cr- Vacant Multi-family, ~ - "C ~ Dislnct single family = I:\l , - North I "F-R" Farm-Rural Commercial stable, Multi-family "C = i District Single-family, Vacant eo: I eJ: I ! = r.~)uth -- -j----.----- i Single-family .- i "F-R" Farm-Rural Vacant = 0 i i District N i i eJ: I i .5 I East --~- "F-R" Farm-Rural I Commercial stable, Multi-family, - I I '" i Single-family and Vacant single family .- I District II< I I ~ ~---- i I West i "R-lC" One Family Vacant Multi-family, I i Dwelling District single family ! ~ '" c.= ~ 0 ~ .~ C:]l 0> ~ Area Development Plan: Southslde Map No.: 041029 Zoning Violations: None I, 'Use ?\" Pai!l' - ~O'i-().l, (f'"tllC:l;,J lLi.\n \\ J1L".c'. Inhll'C' <~I "- ::: .... :<: .... Z .... :<: Ihl'>llbYC:1 piilplll) :~d, :wt h..'\.'11 I\Lllk'll. l'btll11g \\ ill be required prIor to t!nell)plllenl ;.. · The Request: TIll' appltcant IS T"l'questlll)! a change of zoning trom "F-R" Farm Rura DIS1IICII0 d "R-I Ii" Ul1e-lamtlv [h\(~lll11t! District for the development or a sl11gk family sllbdl\ ISlon with SS resldentJallot:-:. · Existing Land l'se: The subject property IS primarily vacant land with one single- famIly resIdence 011 Ihe property · Transportation: The subject property is adjacent to Yorktown Boulevard. . Iraffi\. count:-; along Yorktown Boulevard are 3,440 ADT (Average Daily I ripS) based 011 998 Te\.a~ Department of TranSpOrlatlon Traffic Counts (T.\ nOT! t ~ S S ::: rf) '" b ~ ..... rf) . ) orktu\\I1 Bouk\ard lS deSIgnated on the Urban Plan TranspOltation Plan as an A-, artenal \vith 130' ofRlght of Way WIth six lanes and a median. . 'yorktown Boulevard is listed as a Long Range Improvement project in the City's Capital Improvement Plan, however the project is not funded. · l Jtilities: Water and \\aste\\ atl'!" cOnl1ectlons are not cUlTently available to the site. · Comprehensive Plan and Land Use Compatibility: The residential zoning is generally consistent with the Future Land Use Plan. To the west, Unit I of the Rancho VISta subdiVision is under construction. The subdivision is zoned with R I-B and R l-C Single family development. Street Type Existing Paved Section Volume (2001) :$ 0 ---~--_.- 0:: Yorktown Artenal 80' R.O.W wi 20 ft 3,440 ADT ..... Boulevard pavement ~ ~ I l. >------_.~~~~ 1- - ---- ..... Rodd Field Artenal 100' R.O.W. wi 20 ft 5,020 ADT rf) - "-_.__._~ __--tB-Qad __ ---- - pavement ..... = '" ~ ..... 5 ~ t: S ~ S C.o QV · The "R-l B" One-Family Dwellmg District is recommended for this site since the zoning dlstnct IS consIstent With the ComprehenSive Plan and the development trends m thiS area HIPI N-IlIR\SIIARLD\Ci\ [LW( )Rf) /ONRI'TS\.'005 Dc,clllberlCC 1205-1J.' Rcpurtdu, Ullillg Rei laSe Nil 1.\U)-II.' Il'atncl(l Hawn \V.lllan: I 11Istee #2) Page' 3 c; - .... '';: eo: ~] eo: 41 !1: e 8 o C.I 41 ~ Approval of "R-I B" One-Family Dwelling District. c ,~ C <Il 0 <Il~ 's .g 8 = o 41 W 8 bilE .5 0 c C.I c~ eo:- ~ Approval of "R-l B" One-Family Dwelling District. <Il ....'t:l = 41 41 ~ S .~ 8 ~ o U~ Number of Notices Mailed: 13 Favor: 0 Opposition: 0 (As of December 6, 2005) Attachments: Zoning Map Aerial Photo H\PJ N-DlRSI-IARED\GAII.\WORD,ZONRPTS\2005\December\CC1205-03 Report.doc 'II I a~l' ~") ?05-11_~ (1',\tllL'lCl HCl\nl \\ .lllacl'. Illhtl'l' #2) !)agc. -l H\PIN-f)IR\SHARED\GA II \WORD\/ONRI'TS\2005 December\CC'120S-03 Reporl.doc F-R / ~U{i$~(jIV~:t@-tJir; f-R Farm AUJ"aI DlstnCl RE R~dential Estate District RA One FomiIy O.e1ling District R~1A One FlWnlily Dwttling District R-1 B One Femily Dwetling District R-1C One Fwnily 0.-' Diltric1 Cllraf"-'-C'-' TX ~- , - -.- o.p..........fIIO'.................Ic:.. / Yo~ '1("0 *1\1 fJOu. ), '. 'l.~v: l~ /, ~"~~() / . / '. j(:/~/~,/'/// fi~%~...~./.~~. ! . /-/// // ./ F-R ~. ....,. ~'-...., F-R c.... _1_05=-03 ..tlc. ...p R-TH Townhouse Dwelling DIstrict B-1 Neighbortlood Business District B-1A Neiighbortlood Business District B-2A Bani.... IsI.-.d Business District 1-2 Ugh; Industriol Dislric1 1-3 Heavy Industrial District SP ~.. Pennit PUD PI...-.cI Unit Dawlopment He Historieal.cl*:UI'lillI Lsldmar'k P~on R-2 Muttiple Oweling District T -1A TnweI Trai..- PO Oistrict T-18 ~edHomeParkDistrict B-2 Bayfront Business District BD Corpus Christi Beach Design District B-3 _ o.rtd N ... W"~~E ... S T -1C ~ed Home Subdi1olision District A-1 ApoolmonIHouse Di_ A-1A ApoolmonI House District A-2 ApoolmonI House District B-4 GenenII Business District AT A.patmenI-Touist District AB Pw-oNssionelll Office District B-6 Prim.ry Business District 8-06 Primary Business Con District 1-1 Umited IndusUial District o 250 500 Feet I MIN1TES Rr<;l I\R PI ,\'\NIN(; CO\r\IISSION '\IFFTI:\C ('olludl Chamlwl'''- City Hall \\ednesday - Dl'l'l'mhl'l' 1....2005 12()"-1)' PatncJa J lawl1 \\allacc, l'rustec #2: "F-R" Farm-Rural District to a "R-IB" Une-Family Dwell10g Dlstnct Bemg 3,'25 acres out of Lots 22. 23 and 24, SectIOn 25, Flour Bluff and Encinal Farm & Garden Tracts. located on the south Side of Yorktown Boulnard bct\\cen Rodd Field Road and the ('ayo del Oso. Adriana Trujillo described the above case for a rczonmg to an "R-l B" One-Family Dwelling District. l'he subject property IS located south of Yorktown and IS mamly vacant with a commercial horse stable on the north Side of the surrounding area. The remammg surrounding area is residential property and vacant land. The future land use plan support a "R-l B" zoning. There were thirteen (13) notices mailed out with one notice returned 111 favor and one notice returned in opposition. P'lblic hearing was Ilpencd. George MageL 7868 Yorktown. Corpus Chnstl. lexas stated that he had no problem with a "R- 1 B" zoning Ailan Norman, 6621 KodIak. 8030 Yorktown. Our concern is Yorktown Boulevard which is a one lane highway 10 each direction, has a speed limit of 45 miles an hour and many ditches with no outside shoulder. Unless a plan IS in place for street Improvement, there is going to be a large traffic problem. In answer to Chairnlan Stone's question, Mr. Gunning stated that Yorktown Boulevard is deSignated ll1 the Bond Program ror future Improvement. Mary Frances Teniente stated Traffic Engineenng could take a look at the speed of Yorktown Boulevard however it is based on a 85'% majority of the vehicles surveyed. Carmen Casas, 7868 Yorktown, Corpus Christi, Texas stated that the area consists of an area with a small amount of residential properties. In my opimon, with an increased amount ofresidential development, the rural qualities of the area will be destroyed. The traffic would also increase bringing a negative effect to the area \vhich already receives an overflow from the Flour Bluff area. In keeping with the rural area, one and five acre lots would be the best Public heanng was closed. Motion for approval was made by Commissioner Garza and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Pusley opposing the vote, Commissioner Braselton abstain10g from the vote and Commissioner Zamora being absent. I L'PI N-UIR\HAKJ'[) (u\ II, WOf{[) \(;LNIJ~lJ\1.2!)U5 i lccember i 21"-1) 'Minutes hLcrptdllc AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY PATRICIA HAWN WALLACE, TRUSTEE # 2 BY CHANGING THE ZONING MAP IN REFERENCE TO 33.25 ACRES OUT OF LOTS 22, 23 AND 24, SECTION 25, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS, FROM "F-R" FARM RURAL DISTRICT, TO "R-1B" 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 Patricia Hawn Wallace, Trustee # 2 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, December 14, 2005, during a meeting of the Planning Commission, and on Tuesday, January 17, 2006 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 33.25 acres out of lots 22, 23 and 24, Section 25, Flour Bluff And Encinal Farm & Garden Tracts, located on the South side of Yorktown Boulevard between Rodd Field Road and the Cayo Del Oso from "F-R" Farm Rural District to "R-1 B" One-family Dwelling District, as shown on the attached Exhibit. (Map 041029) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 1 ih day of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ". j~. J t 2006 i1~ L r ~ Joseph H~y ~ Assistant City Attorney For City Attorney Henry Garrett. Mayor H\LEG-DIR Joseph\Zonlng-05\1205-03Regular doc Page 3 of 3 Corpus Christi. Texas _ day of_ 2006 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H\LEG-DIR\JosephlZoning-05\1205-03Regular doc ~$~';!IV-~~ F-R P.-m Rl.n. Dlm1d Jl! It~_ let.. Dillbit1 RA. One F-.nUy [)wilting DlMr1d R.1A One F..,....,. Dw.ttng Dhtrict .-is 0.. ,emfy Dw~ D&lrict A-1C Oll* F~ Dw"1ng Di8lr1<< F-R F-R ''-.~,~ F-R e..e 111805-.. R. T'-l TownhotzM o.nuIng District ,,-2 lIuIIUpIe Dw"tng OhlCrtet T -1A TnroWII TOIl.,. PO 0iIItri0I T-11lJ ~Home".n:Dls:tJ1ct 6--1 H*gt'lbor1wad........ Dlatct 8-1A PWghborhoad........ Diltrid 8-2A BowTI<< tet.nd ....... DIIIIftct 1--2 UghI ~.. Dhcrk:t 1--3 ......". hdUIlItNII DlMrid .P ~ '-tnJt PlJO -.,.., _0_____ HC HRtorf.cW.CullUI'II Ln:IrMrk PnservsIon B-2 ___Dnlrfce BO C~ CIriIlI _ Doll." _ T.1C lllllnufaK:taed HtxM S\bd'lllllon Dlttrltt ....-~ A~ HOUlM DiMr'1et A. ~ A Ap8rtmeot HooM Dtstrict A-2 ~ HOUM D1.crtd AT Ap~-T~ r>>.clict ft-.3 l!I...........on..rid: N .. W~."E ... S B--.( G~ eu.fne&t Dtltrlct 8-5 "nmwv.......... bltatC'l a.e Prlmlfy IIusIfwA C<<a t'btrk:t f 1 WITlIt.cItnduttrtIi'DtCrkt A.8~Oftk:.OisCrict a 250 500 Feet I 14 City of Corpus Christi January 12 2006 FROM: Honorable Mayor Henry Garrett and City Council Michael N. Gunninc., AICP, Assistant Director of Development Services 1;~11f!i-~ TO: stJBJECT: Case 1105-07, Arriba Development, LLC: "R-l B" One-family Dwelling to a "B-4" General Business District Being 2.5 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County, Texas, located at the northwest intersection of Interstate 37 frontage road and Sessions Road. Plannll1g Commission's Recommendation (11/ 16/05): Approval of "B-4" General Business District. Staffs Recommendation: Denial of the "B-4" General Business District and, in lieu thereof, approval of a "B-1" Neighborhood Business District City Council tabled this Case on December 20, 2005, to allow the applicant to meet with Tuloso-Midway School District (TMISD). On January 11,2006, the applicant's representative met with the TMISD Superintendent and he indicated TMISD would prefer a "B-1 A" Neighborhood Business District rather than the requested "B-4" District or "B-1" District. (See attached) Attachment Letter from Tuloso-Midway lSD, 1/12/06 TlJLOSo-MIDW A Y INDEPENDE:\T SCHOOL DISTRICT ('vmeli<l (;Of/z.ole:. PIt J).. SlIpt."Turtet.dmt IUI/a f't.tCTSI1II, .lssi~ttJnt SlIperilltelllJem fil' CtI"icuJuJ// ( '"rol .,'//,. lIipp_ l~.<i~'ant Superil/fendellf fa, Ad",i"i5frotil'c Sen'i<'f!S lcc\:i!1b\.'1 .' ~OC:; City CounCl!. Distnct ] City of Corpus Christl POBox 9:77 (orpus ChIisti, TX 784b9 Dear CitY' Commissioners This letter is to affirm Tuloso-Midway lSD's position regarding the request on Petition Case No. Zl105-07 - Arriba Development, Interstate Highway 37 and Sessions Road, from R-IB: One- Falllily Dwelling District to a 8-4: General Commercial District. The School Board has not met to discuss this Petition Case 0Jo Z I ] 05-07~ however, the T\tHSD School Board has taken a stand in previous cases that Zoning B-1 A is most desirable for the area(s) under discussion fherefore, I must request that you deny Zoning Change !C)f Petition Case No. Z 1] 05-07 Thank you for your consideration in this matter. Sincerely, L I :'-':fl '..)j.. '-- "~.. -~(~/; , ~, ~...~") ..... Cornelio Gonzalez.. Ph.D Superintendent of Schools, Tuloso-Midway ISD Cc Tuloso-Midway ISD Board of Tmstecs Fax to: Mr. Micbael Gunning Director of Planning 361-826-3590 P.O. &JX: 10900-9760 I.ABR\NCI!" CORPlTS Cl\Jwm. TF.XAS - 78-46O-(jt)00-361-903-6402. FA,'\J61-241-5836 D:sTluc i "'"EIl r\IHIHhSS. ,,'ww tmistl..nc2.n{,I \(;F"IDA i\1FI\10RANDl 1\1 PlBLlC HFARING - ZONING (('1[\ IULlnctl r\CllOll Date 12/20,051 Case No. 1105-07-Aniba Development: ;\ change or 1U11lng rrom "R-l B" One-family Dwelling District to a "B-4" General Busl11ess DIstrlL't. The property IS a vacant tract or land located north ur Up River Ruad and Interstate ,n at thc Inlersl'l'lIon or Se~SI()11 Road. Plannin2 Commission's Recommendation: Approval of the zoning change from "R-lB" One Family Dwelling District to "B-4" General Business District. Staff's Recommendation (11/2/05): Denial of the "BA" General Business District, and in lieu thereof, approval of a "B-1" Neighborhood Bus10ess District. Requested Council Action: Approval of a "B-4" General Business District. Purpose of Request: No infornlation has been provided about the future development of the property, Summan': . Request: The applicant has requested a zoning change from "R-IB" One Family Dwelling District to a "BA" General Business District for marketing and development of a commercial business facility. No specific plans are available. . Existing and Future Land Use: The subject property IS at the northwest comer of Sessions Road and Up River Road, Up River Road at this location lS also the frontage road for IH-37. The property is vacant with existing low density residential uses to the west and vacant land on the north and east sides The Future Land Use Plan designates this property for commercial uses along the highway frontage with low density land uses located to the north and behind the commercial uses. . Transportation: The south property line of the subject property contains 384 feet of frontage along Up RIver Roadlfrontage road. Along Sessions Road, a local street, the subject property contains 276 feet of frontage. . The property is located approximately 1,000 teet from the beginning of the exit ramp off of IH-37. . TxDOT has indicated that the intersection of a local street (Sessions Road) and the frontage road and a driveway from the subject property in proximity could create a traffic safety issue. TxDOT has indicated that a driveway from the subject property may be possible if the driveway is located at the extreme western edge of the subject property. A final determination on driveway location will be made when the property is proposed for platting. . Traffic counts along this section ofInterstate -37 and Up River Road are 61,170 ADT (Average Daily Trips) and 4,580 ADT, respectively. . Utilities: A water connection is available to the site and a wastewater connection is approximately 300 feet to the north on Sessions Road. . Zoning History: There have been two zoning cases approved in proximity to the subject property during the last ten years. -\genda MemorandulTl Case Nt> 1 'II)-(ii [Alriha Dc'\eloplllc'nl LI' I Pa~c :> · i\pproxII1latdy 350 teet cast or the ~ubJect prupert) along Up River Road. the property was rooned to a "B-4" distnct on NO\l'1llber 11. 1997 for a 1ll1l11-storage business to serve the dl1Ultlllg l11Ulll-Llll1l!Y and Ilt'arb\ ~ll1gle-laI11l1\ uses · f\pproximatdy] AOO fel't West tlt' the subject property along Up Rl\'er Road, the property was rL'Zoned to a "8-4" with a Special Permit on June :So 2004. The Special Permit was for warehouse <JliO IlJlllted outdoor storage L1se~. COlllprelu.'nshc Plan and Laud t'se Compatibility: lhl' commerCial land use IS consIstent \\'Ith the Future Lmd Use Plan Since suhstanllal amounts of low denSity reSidential zoning backs up to the subject property, a neighborhood bus10ess district would be an appropnate buffer to any future single- family development. The Corpus Christi Policy Statements 10dicate that major commercial uses and zoning should be located at the intersectIOn of two artenal streets. The subject property is located between the two major arterial intersectIOns of McKenzie Road and Violet Road. This mid-block lot is not an opllmum location for general commercial zoning. The Northwest Area Development Plan also mdlcates that this 1-37 corndor IS a pnmary entrance to the city and a desib'11ated scenic corridor. Applicant's Position: The applIcant concurs With the Plannmg ('omI1lISSlon' s recommendation Notification: Of the l1lne (9) notices mailed to the sUIToundmg property owners, zero (0) were returned 10 favor and zero (0) were recened 111 OppOSitIon ll1side the area. The 20o;() rule is not invoked. This case is considered controversial. /f,t,-I If. ~ Michael N. Gunning, AICP Assistant Director of Development Services MG/FGM/gp Attachments: I) Zoning Report 2) Planning Commission Minutes (] 1.16/05) 3) Ordinance i L\P1N-1 llR SHARED{ iaiI'WORD\..\GENDMEM'2()()5'November\ J 11)'.(17 .\GENDAMEMO.uoc CITY COUNCIL ZONING REPORT Case No. II05-U7 City Council Hearing Date: December 20, 2005 r: o ~-.: ~ .... 'C = Col e VJ .- ~ Q.~ Q.- ~ ~ ~ .J Applicant: Arnba Development Owner Arriba Development Agent: Coym, Rehmet, & Gutierrez Engineenng, Inc Legal DescriptionlLocation: Being 2.5 acres out of B. S & F. Survey 419, Abstract 570, Nueces County, Texas, located along the north side of IH 37, at the intersection of Sessions Road. ~~ = ~ .- = = C'" o ~ N" From: "R-IB" One-Family Dwelling District To: "B-4" General Business District Area: 2.5 acres Purpose of Request: No information has been provided about the future development of the property . "0 = eo: .J "0 = eo: ~VJ = ~ .- <I'l 5~ N ~ .5 .... VJ .;::; ~ , --~---,.----._--_.~..-.'~-~.~-_._-^-_...~.._--- Future Land Use Commercial I Site Zoning "R-18" One Family Dwelling District "R- 18" One Family Dwelling District "R-lB" One Family i Dwelling District I "R-lB" One Family Dwelling District "R-1B" One Family Dwelling District Existing Land Use Vacant i North I Vacant Residential South IH-37 R.O.W. Transportation R.O.W. r East Vacant I Commercial i West Low Density Residential Commercial Q. VJ eo: = ! :; .S I Area Development Plan: Northwest ~ ~ .! I' Map No.: 061050 ~ .S Zoning Violations: None ~ >. i u\~; tit- j<L'! (ase]\" I iI5-1)- L\IT1Qli DnelllpmCfll I'age 2 · Request: The applicant has rl'Ljuested a 70ning change from "I{-l B" One Famdy Dvvelling DI stnct to a "B-4" (fl:neral Business Dlstnct for marketmg cllld development of a cummerc la I hu~l'lt's~ ['acl!lt\ '\iu spcc'dil plans arl' li\ :IIlabk · E\isting and Future Land {.se: TIlL' 'lIh]l'Ct propert\ IS ell the Ilorthwest comer of SesslOlls Road and lJl) Rl\cr Road lip River Road at thiS locatIOl1 IS alsu the frontage road rur II [-3 ~ Thl' proper1:-- Is \'deant \\Ith l'\lsting I()\\ dCllsitv rl'stdenttaluses to the west and \acanl land on the north and east Sides. The Future l.and Use Plan deSignates thiS property for cllmmerctalllSes along thc highway ti-ontage \\ith low dcnsity land llses located to the north and bchmd the commercial Llses. · Transportation: fhe south property Ime of the subject property contains 384 feet of frontage along Up River Road/frontage road. Along Sessions Road. a local street. the subject property contains 276 feet of frontage. · rhe property IS located approximate I) 1.000 feet irom the beginning of the exit ramp off uf IH-r. c- eo: e e = rJ'J rI1 It: eo: - rJJ. · rxDOT has mdicated that the intersection of a local street (Sessions Road) and the trontage road and a dnveway from the subject property in proximity could create a traffic safety issue. TxDOT has indicated that a driveway from the subject property may be possible If the driveway IS located at the extreme western edge of the subject property A final detern1ination on dnveway locatIon \vlll be made when the property IS proposed !\lr platting. . rraffic counts along this section oflnterstate -37 and Up River Road are 6 L 170 ADT (Average Daily Trips) and 4,580 ADT, respectively. . Utilities: A water connection is avallable to the site and a wastewater connection is approximately 300 feet to the north on Sessions Road. . Zoning History: There have been two zoning cases approved in proximity to the subject property during the last ten years . ApproxlInately 350 feet east of the subject property along Up River Road, the property was rezoned to a "B-4" district on November II, 1997 for a mini-storage business to serve the abutting multi-family and nearby single-family uses. · ApproXimately 1,400 feet west of the subject property along Up River Road, the property was rezoned to a "8-4" with a Special Permit on June 8, 2004. The Special Permit was for warehouse and limited outdoor storage uses. Comprehensive Plan and Land Use Compatibility: The ~'ommercJaI land use IS consistent with the Future Land Use Plan. Smce substantial amounts of low denSity resldentlal zonmg backs up to the subject property, a neighborhood business dIstrict would be an appropriate buffer to any future smgle-family development. The Corpus Christi Policy Statements indicate that major commercial uses and zoning should be located at the mtersection of two arterial streets. The subject property is located between the two major arterial intersections of McKenzie Road and Violet Road. This mid-block lot is not an optimum locatIOn for general commercial zon1Og. The Northwest Area Development Plan also mdicates that this 1-37 corridor is a primary entrance to the city and a deSignated scemc corridor , 'H1!ig h.cp. \ ase \10 111"-07IAlllha De\elopmcnti Page \ ~ - ~ :X - ~ ~ l- - Z Street l'ype Existing Paved Section l.___. -. -- --. -- -----. -.-----1 '(l() R () \V IV I 1 " ft I Lpa\'cd scctlll~~_ _.. : 7:;' R.O.W. \\ 2S n i~a\'t~d sectHlll____ I .':;' RO.W ,,12:; ft paved section Volume (2001) ---I -- ill- ~ -: F II'" \\.~I \ t:,prl"S" a\ h1.170 ad! Lp Rm:r Road ------ ~- ------ , c'olkctlll 4,:;80 a.d.! ---- Sessions R\'ad Rcsidentlal 360 a.d.t. rJ] ... = ~ ... Q:::: 'Jl A plat IS required before budding permits can be Issued. rJ] - = ~ e e o u - = ~ a - '"' ~ c. ~ Q . Where general commercial zoning abuts an existing or future low density residential area the commercial uses will negatively Impact the residential area. . Traffic impacts could be greater with a "BA" General Business use as apposed to a "B-1" Neighborhood Busmess use. Traffic generation from the property and close proximity to the SessIOn Road 1l1tersectlOn and 1-37 off ramp could create a traffic safety issue. . The 2.5 acre sIte is appropriate for neighborhood business uses. . "B-4" zoning should be reserved for commercia] sites of a larger size at major 1Otersections to create community or regional commercial developments and, to allow space for buffering next to surroundmg low density reSidential areas. . The "B-1" district allows a wide variety of commercia] uses but offers protection to the neighborhood by not allowing certain impactive uses such as bars, auto repair shops, etc. = o '... - ~ "0 = ~ ~ Denial of the "BA" General Business Distnct and, in lieu thereof. approval of a "B-1" o Neighborhood Business District. C.l ~ C:( = t:'4 ..... 00 "I !lIg :;.L'j ',asc Nn I Page' 4 I~-II- I '\nlhJ Dncloprnelll c ~ C '':: ~.~ ..;;: C '" .... .- rIj C c: .- Q,j c 6 6 ~ ~ ~ (..) i:i Q,j 0::: .\ppr()\~ll nf the '.B--r Gcncral BuslI1ess !)lstnc1. '" ...."'0 C QJ Q,l ~ 6 .~ 6 ~ o QJ UCl::: Number IlrN()tlcl~S Mailed \) Favor n OppositIOn: 0 (As of November lO, 2005) Attachment: Aerial Photo Zoning Map Site Plan 11\1'1 N-llIR 'iilARFD.(JailWORD\/ONRPTS,]005'\'o\c'lllber\ll05.0i(CReport doc 'nU[ l D ' topmen!) iUfliilg t,~t' . _ 0" (Arnba e\e ('ase No llu)- , . Page 5 I i ~ " " 01 NOV05/HK F-R Farm Rural District RE Residential E state District RA One Family Dwelling District R-1A One Family Dwelling District R.1 B One Family Dwelling District R-1C One Family Dwelling District R-TH Townhouse Dwelling District R-2 Multiple Dwelling District T-1A Travel Trailer Park District T -1 B Manufactured Home Park Dist. T-1C Manufactured Home Subdivision District ---------~- l~ ! 3 R-1B 2 8-4 Case Z11 05-07 Notice Map A-1 Apartment House District A.1A Apartment House District A.2 Apartment House District AT Apartment-Tourist District AB Professional Office District i.1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Development ; J'1iilIl1l'-U . ....... i' ... ". .,.....,.'.' ,.. f._ ___._~~ . B-1 Neighborhood Business District B-1A Neighborhood Business District B.2A Barrier Island Business District B-2 Bayfront Business District BD Corpus Christi Beach Design Dist. B-3 Business District B-4 General Business District B-5 Primary Business District B-6 Primary Business Core District GIS . Team i<~t.tt: !M~ .. NORTH HC Historical-Cultural Landmark Preservation o 150 300 I Feet N 44 12'45" E- 55 12' ',~ .--. '\ -, ~ ~- j ;< J^rr~RS (R.O W IA,.,.~ 37 I/ARIES) ~. (@ SCALE: 1"=200' 88100T32"E 555.50' -Z' r (/) Z 01 -I (/) (/)1 ~I (.\-\ ')u- ~ o 0:: o :::!- 12.18 AC TRACT REMAIN "R-1B" I ::::: - - - -L~~-1:_~__.._ I 4 '::' ':""J ~ ! C.,SHE: o,e;: --__L_ -.r --!---r--'-~__. /--------...., /" - ,~= J ! .:., ..- I'-- i j CD I'-- TI ('t) I ') ~::I 210, ^. ::.:: ! '$ - .~ .q'(j) O~ LO('.l q,~ Z . ~ O'l = 00 cOCo 1'--10 N Co. (/)1 i -'-- : PROPOSED 8-4 ZONING FOR 2.5 AC TRACT N 64029'43" W 117.72' LEGAL DESCRIPTION FIELD NOTES to describe the boundary of a 2.5 acre tract of land being a portion of a 14.68 acre tract of land described in deed to the Bas-O-Moore Limited Partnership as recorded in Document #2000025066, Official Records, Nueces County, Texas and being out of the B.S. & F. Survey 419, Abstract 570, Nueces County, Texas. . -~ i ,! ':' , ; ;~, i " j I Ii' I ~ \ I:: ~\ ! i : _ .---- , i -:"1 I - ,- : ~ I~:O 2c j i --~--'---___ __~_ J :2 iL i!J..r-ft'.It\~r=' I I I ...:to ~q! --;.,- -!~T--~ _J "----------- ___1- ,', ~ \\t: HANSLt.~'7 I --<=-,-.' - - - \ c..;J " 55~" _ _ . Q. p.. h. ",-,. - . \_0\ - .- [::,1_'7:.~: c c:."j ~ t.\~ ,;C\-:. ~;" ,.~::-.'~ \"'.. P.O.B. '~ ~ Coym, Rehmet CfGutierrez C R ~I ,Inc:. 5656 South StClD!es, Suite 230 Corpus Christi, TexCls 78411 & G Phone (361) 991-8550 FClX 993-7569 el'lCllh crg@crgel.col'l DATE: 10/14/2005 JOB':9788C-l SHEET 1 OF 1 MINlTES Rf(;l 'I\R J>I.A:\~I:\,(; (,OMMISSIO~ '\1F:ETI~(; ('ouncil Chambers- City Hall \Vedllesday - '\'O\'ember 16, 2005 ~l ()~-()- ,\rTlba Dc\ clopmenL Ll ( "R-l 13" (lJw-rar1llIy DwelllI1g District to a "BAn General Business D1StTlct____ ___ _ __~_ _ ___________ Bemg 2.5 acres out of B.S. & F. Survey .+.19, Abstract 570, Nueces County, Texas, located at the northwest 1Iltersection of Interstate 37 frontage road and Sessions Road. Dan Mc(jllln descn!)ed the subject property \\lth a Power Point presentation shown and the tape !son hie !'vir. McGll1n stated that thiS IS a request for a "13-'+" General BuslIless Dlstnct. Access to the subject property would be from 1-37 and Up River Road. The land use map 10dicates commercial uses for this area. Staff recommends denial of the "BAn General Busllless DistrIct and believe that a "B-1 " Neighborhood Bus10ess District would be more appropriate with adjacent residential uses in the area and 1-37 bcinl! deSignated as a scemc corridor It is noted that within a "BAn district, there is unlimited slgnage. In answer to Chairman Stone's questIOn, Mr McGlIln stated that future plans for the development IS not knO\vn at thIS tIme. Public heanng was (lpened. VIctor Gutierrez, representative for Arriba Development. Mr. Gutierrez is with Coym, Rehmet and Gutierrez. 5656 S. Staples #230, Corpus Christi, Texas. Mr. Gutierrez stated that Arriba Development owns the property and an adjacent piece of property on the north side. There is an on-ramp and off-ramp for easy access to the property. There is a nine acre development to the north of Sessions Road by the name of Northndge estates. The subject property is attempting to get rezoned for marketing the property. A definite plan for dcvelopment has not been decided upon. The owner chooses not to limit the development uses and IS an advocate of improving the neighborhood development The owner anticipates the property being sold m a relati\ely short amount of time. Mr. Ramirez. 3401 S. Alameda, Corpus ChrIStL Texas. We do not want to limit the marketability of the property. \\/e are aware of a cemetery to be developed 10 the area. We believe the property will lend itself to a hotel or restaurant Joe Hansler, 1515 Caribbean, Corpus Christl, Texas. My property is located across the street from the subject property with approximately 3.5 acres \vlth a "R-l Bnsmgle family zoning. We do not oppose the "B-4" rezoning and don't want to limit the marketability of the property. Jason Ramirez, 520] Inverness, Corpus Chnstl, Texas Mr. Ramirez stated we Just want to ll1crease the marketability of the property Mr. Gutierrez stated that he met with the Texas Highway Department to review any access restrictions for this area. The on-ramp, off-ramp would be limited to one driveway similar to the Moore Plaza area Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ARRIBA DEVELOPMENT BY CHANGING THE ZONING MAP IN REFERENCE TO 2.5 ACRES OUT OF B.S. & F. SURVEY 419, ABSTRACT 570, NUECES COUNTY, FROM "R-1 B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Arriba Development 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, November 16, 2005, during a meeting of the Planning Commission, and on Tuesday, December 20,2005 and January 17, 2006 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 2.5 acres out of B. S. & F. Survey 419, Abstract 570, Nueces County, Texas, located along the north side of Interstate 37, at the intersection of Sessions Road from "R-1 B" One Family Dwelling District to "B-4" General Business District. (Map 061050) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. HILEG-DIRIJoseph\Zoning-0511105-07 regular.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for Immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 1 ih day of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Henry Garrett Mayor, The City of Corpus Christi Armando Chapa City Secretary APPROVED ,---) ({"'-'--./ /1 o /LJ~/h Joseph Ha~ey D Assistant City Attorney For City Attorney 2006 H \LEG-DIR\Joseph\Zoning-05\ 1105-07 regular doc Page 3 of 3 Corpus Christi, Texas day of_________, 2006 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 H\LEG-DIR\JosephlZoning-05\1105-07 regulardoc 15 AGENDA MEMORANDUM PlTBLIC HEARING - ZONI'\'G (City Council ActIOn Date: 1/17/06) Case No. 1105-04 Scott Mandel: A zoning change from F-R" Farm-Rural District to a "R-lB" One-Family Dwelling District on Tract I, a "R-2" Multiple Dwelling District on Tract 2 and a "B-1" Neighborhood Business District on Tract 3. The property is 40.02 acres out of Lots 10 & 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts, located east of Cimarron Boulevard and 200 feet south of Brockhampton Street. Plannine Commission and Stafrs Recommendation (12/14/05): Approval ofa "R-IB" One-Family Dvvellillg District on Tracts L 2 and 3. Requested Council Action: Approval of a "R-l B" One-Family Dwelling District on Tracts I, 2 and 3. Purpose of Request: Development of a mixed use project containing low and medium density residential, with commercial uses fronting Cimarron Boulevard. Summary: . The Request: The applicant has requested a change of zoning from "F-R" Farm Rural District to a combination of "R-IB" One Family Dwelling District, "R-2" Multiple Dwelling District, and "B-1" Neighborhood Business District, for the development of a mixed use project containing low and medium density residential with commercial and retail uses. . Existing Land Use: North of the subject property is a developed Brighton Village single family subdivision in an "R-IB" zoning district. Located to the south of the subject property is a golf driving range that is in the "F-R" Farm Rural district. West of the subject property, across Cimarron Boulevard is a large tract ofland zoned "R-IB" One Family Dwelling district with single family home development and a smaller tract with "A-I" Apartment House zoning that is developed as the Bishop of the Diocese Church. East of the subject parcel are vacant tracts zoned "R-IB" and "F-R" district. . Density: The proposed project will contain 42 single family homes, ten town homes, and six acres devoted to retail uses. The applicant has indicated approximately 42,500 total square feet of commercial floor area is intended for the site in nine separate buildings. . Transportation: Access to the proposed development is provided along Cimarron Boulevard, an existing two lane arterial roadway that IS designated as a five lane arterial in the City's Urban Transportation Plan. Cimarron Boulevard improvements are scheduled to be completed by November 2008.(Bond Issue 2004 - Report #1) · Traffic counts along Cimarron Boulevard are at 8,790 ADT (Average Daily Trips). · Per the ITE Traffic generation manual, the residential sections of the subject property would generate 520 ADT. The commercial area of the subject property would contain nine buildings with a total square footage of 42,500 and generate 1,870 ADT. Agenda Memorandum Case No. 1105-04 (Scott Mandell Page 2 . The ApplIcant's property abuts Barclay Street in the Brockhampton Subdivision. Barclav Street is planned to extend southward and provide connectivity between the proposed neighborhood and Brockhampton Street a residentIal collector. · l;tilities: Wastewater and water consumptIOn for the: subject property under the proposed rezon1Og for each utIlity would utilIze 15,600 gallons per day tar the resldentlal section and 10,200 gallon per day for the commercial section. · Utilities: Drainage 10 the area is a concern since stormwater drainage to Saratoga for land on the west side of Cimarron Boulevard is overloaded. Dunng the platting process for development of this property a stormwater management plan will be reqUired, which could include drainage improvements to proposed drainage of Master Plan Ditch 27. · Comprehensive Plan and Land Use Compatibility: The Future Land Use Plan designates the subject property for single-family uses. The plan does not include any commercial uses at this mid- block location since the location does not abut a major street intersection, While the future land use map does not specifically call for commercial uses at this location the City Comprehensive Plan poliCies indicate that a mix use development such as the one proposed is best accomplished though a planned unit development (PUD). A Planned Unit Development would tie the rezoning to specific setback and buffering techniques that would create a compatible development between commercial and residentIal areas. Access management onto Clmarron Boulevard would also need to be addressed. Recommendation: Denial of the "R-2" Multiple Dwell10g District, and "B-1" Neighborhood BUSIness District and, in lieu thereof, approval of "R-l B" One-Family Dwelling District for the entire site. Applicant's Position: The applicant is in agreement with recommendation. Notification: Of the thirteen (13) notices mailed to the surrounding property owners, zero (0) were returned in favor and five (5) were received in opposition. The 20% rule is not invoked. This case is considered noncontroversial. ~:!c~ Assistant Director of Development Services MG/FGM/gp Attachments: I ) Zoning Report 2) Planning CommIssion M10utes 3) Ordinance H:\PLN-D1R. SHARED\Gall\ WORD\AGENDMEMJ005\December\11 U5-04 AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Revised Case No.: 1105-04 Planning Commission Hearing Date: T his case was tabled on November 2nd and November 16th to allow the applicant to prepare a Planned Unit Development (PUD), including subdivision plat. Due to infrastructure issues regarding Drainage Ditch 27, the applicant has decided to accept the staff recommendation for "R-lB" zoning on the site but may resubmit a PUD at a future date. C = ~::: Q.. - 'C C l'.,j = '" .~ Cl.l "Q.Q Q..- <~ Cl.l ...J I I 'II Applicant: Scott Mandel Owner: Scott Mandel i Agent: Terry Orf, ArchitecTKO I' Legal DescriptionILocation: 40 acres out of Flour Bluff and Encinal Farm and Garden Tracts . Lots 10 and 18, Section 20, located along Cimarron Boulevard. -0 C = =.Il = ~ .... '" g~ N-o =.Ilc c ~ ~...J '" ';:J ~ - '" Cl.l = l:r Cl.l a:: ~ = '= = N I From: "F-R" Farm Rural District I To: "R-lB" One Family Dwelling District, "R-2" Multiple Dwelling District, and "B-1" ! Neighborhood Business District Area: 40 acres Purpose of Request: Development of a mixed use project containing low and medium density residential, with commercial uses fronting Cimarron Boulevard. i ! Zoning Existing Land Use Future Land Use r Site "F-R" Farm Rural District Vacant lots Low density residential I North "R-IB" One Family Low density residential Low density residential I , Dwelling District I South "F-R" Farm Rural District Recreational Low density residential East "R-IB" One Family Vacant Low density residential Dwelling District West "R-1B"One Family Dwelling Low density residential Low density residential District ~ '" Q.. = Area Development Plan: Southside Area Development Plan- The future land use map = = ::t ~ recommends a low density residential use. ... - Map No.: 043032 ~ ~ Zoning Violations: None. < Zomng Report Case No. 1105-04 (Scott Mandel) Page 2 · The Request: The applicant has requested a change of zoning from "F-R" Farm Rural District to a combination of "R-l B" One Family Dwelling District, "R-2" Multiple Dwelling DistrIct, and "B-1" Neighborhood Business District, for the development of a mixed use project contall1ing low and medium density residential with commercial and retail uses. · Existing Land Use: North of the subject property IS a developed Brighton Village single famIly subdiVIsion 10 an "R-IB" zon1Og distrIct. Located to the south of the subject property IS a golf driving range that IS 1Il the "F-R" Farm Rural district. West of the subject property, across Cimarron Boulevard IS a large tract ofland zoned "R-I B" One Family Dwelling district with single family home development and a smaller tract with "A-I" Apartment House zoning that is developed as the Bishop of the DIOcese Church. East of the subject parcel are vacant tracts zoned "R-lB" and "F-R" district. · Density: The proposed project will contain 42 single family homes, ten town homes, and six acres devoted to retail uses. The applicant has indicated approximately 42,500 total square feet of commercial floor area is intended for the site in nine separate buildings. · Transportation: Access to the proposed development is provided along Cimarron Boulevard, an eXisting two lane arterial roadway that IS designated as a five lane arterial in the City's Urban TransportatIOn Plan. Cimarron Boulevard improvements are scheduled to be completed by November 2008.(Bond Issue 2004 - Report #1) C; · Traffic counts along Cimarron Boulevard are at 8,790 ADT (Average Daily Trips). ~ e e · Per the ITE Traffic generation manual, the residential sections of the subject property ~ would generate 520 ADT. The commercial area of the subject property would contain ~ mne buildings with a total square footage of 42,500 and generate 1,870 ADT. ~ en · The Applicant's property abuts Barclay Street 10 the Brockhampton Subdivision. Barclay Street is planned to extend southward and provide connectivity between the proposed neighborhood and Brockhampton Street, a residential collector. · Utilities - Wastewater and water consumption for the subject property under the proposed rezoning for each utility would utilize 15,600 gallons per day for the residential section and 10,200 gallon per day for the commercial section. · Utilities - Drainage in the area IS a concern since stormwater drainage to Saratoga for land on the west side of Cimarron Boulevard is overloaded. During the platting process for development ofthis property a stormwater management plan will be required, which could include drainage improvements to proposed drainage of Master Plan Ditch 27. · Comprehensive Plan and Land Use Compatibility: The Future Land Use Plan designates the subject property for single-family uses. The plan does not include any commercial uses at this mid-block location since the location does not abut a major street intersection. While the future land use map does not specifically call for commercial uses at this location the City Comprehensive Plan policies indicate that a mix use development such as the one proposed IS best accomplished thought a planned unit development (PUD). A Planned Unit Development would tie the rezoning to specific setback and buffering techniques that would create a compatible development between commercial and residential areas. Access management onto Cimarron Boulevard would also need to be addressed. Zoning Report Case No. 1105-04 (Scott Mandel) Page 3 ~~ ~O rJ'.J~ 1--. '.~-_._-~--~-"-'~----"-'--"'. Street Type =~'imaITon Blvd. -~ Arterial _ _______ -==1_____ Paved Section Volume (2001) 8,790 a.d.t 95' R.O.W. wi I'I.l - =' s: i The plat is required before building permits can be issued. rJ'.J - = I'I.l ~ - 5 e t: 5 ~ 5 Q.e QU = e .... - ~ ~ = e :: El rJ'.J El e u ~ Q::: = e =:= OIJ.~ .g .5 :; = =.... ~ = 5 5 oS 5 5 ~ e e U u ~ I'I.l =~ ~ .. E ';S E U e ~ UQ::: Staff is working with the applicant on a Planned Unit Development for the project site. While the applicant would prefer commercial and townhome zoning on the CimaITon frontage, due to infrastructure issues concerning proposed Drainage Ditch 27 and the need to prepare a subdivision plat with a Planned Unit Development District, the applicant has requested a "R-IB" at this time for the entire site. In addition, the applicant has indicated that development of the commercial and townhome tracts would only occur after Cimarron Boulevard is improved. Denial of the "R-2" Multiple Dwelling District, and "B-1" Neighborhood Business District and, 10 lieu thereof, approval of "R-IB" One Family Dwelling District for the entire site. Applicant will have to wait one year to re-file if Planning Commission takes and action. Approval of"R-lB" One Family Dwelling District for Tracts 1,2 and 3. Number of Notices Mailed-45 Favor-O Opposition-2 (As of December 8, 2005) H:\PLN-DlR\SHARED\GAIL \ WORD\ZONRPTS\2005\NOYEMBER\ 11 05-04CCREPOR T.DOC , : I ~ ~ \. '<. :1' <" & " ~ ..1 "'IC .<JOf(: fi'rO CJr.y ~"'..o ~ Olv Sr'r f::f:r R-1B 'i'.<J~ Sc . .<j rjC elf? <" t? ~~ -! $" ^'. ,0 ,~ i:'- VJ ~/ ,~ .,2;. ~ -\'0-9 rly 11.-..; . , $Iy "141 D-9/1- ~ A-1 (""IIt~ F-R AJJjYS;~,W.gY~AYf. ftJJ~Sj~ ~ ~ ~ Q~=Q'I: f~R Farm Rural Distr,et R.Th Townhouse Dwelling DIs(rict 6.1 Neighborhood Business District B-1 A Neighborhood Business District B-2A Barrier Island Business District RE Residential ESlolte District R-1 Multiple Dwelling DIstrict T-1A TrOllvel Trailer Park District RA One Family Dwelling District R.1A One Family Ovw'llling Olslricl T -1 B Manuf~clured Home Park DIstrict 8-2 Saytronl Business District R.1B On. Family Dwelling Dislrict R.1 C One Family Owelling District T-le Manufactur.d Home Subdivision District 80 Corpus Christi Beach Design District A-1 Apanment House District A.1A Apartment House DIstrict A-2 Apartment House Oistriel 8.3 Business District City of Corpus Christi, TX 8-4 General Business District 8-5 Primary 8usiness District CI.'; . ".:"'-._'.. . " .:{.:;... ...., '. I ..J' . . .. AT Apartment-Tourist District 8-6 Primary 8uslness Core District 1-1 Limited Industrial District AS Professional Office District O.p.anrnem of o.".l~"l S.rvh:e~ " C;, '~ ,,0 p c::; .;;;- '<.' < I.... ''\:- <:0 '0" j; & ,j' ~", Q;' ~ 'r/.<J" .;r C[) 'rly'u g .J'i'Sr 6>fj>0 CIr'<;. ' .<J~J:>1> , OA.' '.:v S;';.,. .' 'r.s '. ", fOr ' ", ", "", " ....., F-R ........ R-1B Hro1t'i ({lI~\ Ma'ml =-11 Y' ===-!!!:5'~ :a~=.l -=r..6;?J 1-2 Light Industrial District 1.3 Heavy Industrial District SP Special Permit PUO Planned Unit Development HC Historical.cultural Landmark Preservation N ... W"I~;"",\1 l~E ... S o 200 400 Feel I MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - December 14,2005 t. Tabled Zoning a. 1105-04 Scott Mandel: "F-R" Farm and Rural District to a combination of"R-lB" One Family Dwelling District on Tract 1, "R-2" Multiple Dwelling District on Tract 2, and a "B-1" Neighborhood Business District on Tract 3. Being 40.02 acres out of Lots 1 0 & 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts, located east of Cimarron Boulevard and 200 feet south of Brockhampton Street. Mr. Robert Payne addressed the Commission describing the subject property of 40 acres located east ofCimarron and south of Saratoga. Staff is recommending a "R-IB" rezoning for the entire site. The Future Land Use Plan calls for single-family use for subject property. The applicant had originally requested a "R-2" and "B-1" along Cimarron Boulevard and Staff recommended denial. In addition, Staff adVIsed the applicant that a Planned Unit Development and subdivision plat integrating residential, multi- family and commercial development would be more appropriate. The applicant then requested tabling the zoning case on November 2, 2005 and November 16, 2005 in order to prepare a Planned Unit Development. Subsequently, on December 7, 2005, the applicant indicated that a "R-1B" zoning would be acceptable at this time. At some future date, the applicant may return with a mixed use Planned Unit Development and subdivision plat. There were forty-five (45) notices sent out with five (5) received in opposition from the surrounding area and one (1) received in opposition from outside the area. There were zero notices received in favor. Public hearing was opened. Terry Orf, ArchitecTKO, 3430 S. Alameda Street, Corpus Christi, Texas stated his company is representmg the applicant in this case. Mr. Orf stated that the original request was for a "R-1B" and "R- 2" rezoning to enable development of half acre townhome sites in a gaited community with retail development through single access off of Cimarron Boulevard. Mr. Orf stated that approximately 45-60 feet of land was originally allocated for the drainage project and that amount will probably reach a total of 100 feet. The park requirement is 5% of the land to be developed for residential purposes. In view of the land for the drainage we feel that should negate part of the park requirement. Mr. Orf stated that the City has agreed to waive the one year requirement to allow this case to be presented before the Planning Commission within the next twelve months. Mr. Gunning stated that the one-year requirement is a formality and a request may be presented before the City Manager for approval. Mr. Orf stated that the time line for completion of Cimarron Boulevard is 2008 and their PUD request will be in that timeline. Plannmg C)mmlSSlon Minutes Case No II US-04 (Scott Mandel.1 Page 2 In answer to Commissioner Braselton's question, Mr. Gunning stated that the property w1l1 be in the mid-block section and will be surrounded by residential development. In answer to Commissioner Huerta's question, Mr. Orf stated that the plan includes a hmitation on the number of building heights adjacent to the frontage, retail, restaurant and offices on the second floor. In answer to CommissIOner Pusley's questIOn, Mr. Gunning stated that PUD would include the "R-IB" zoning as the base zon1Og. Philip McHenry, 6341 Megan Circle, Corpus Christi, Texas and spoke in opposition of this zoning request due to the lack of existing drainage. Mr. McHenry stated that his understanding was that there is a lack of funds available for the drainage project. The second problem is the traffic along Cimarron Boulevard. There are (58) families in this tract that covers three streets and the only access available is Cimarron Blvd. Improving Cimarron will increase traffic and the speed of traffic. Mr. Orf stated the Mr. Mandel has agreed to start the in-fall part and are not waiting for funds for that portion. The particular project from the land use was suggested to be changed to an "R-IB" zoning and this development will consist of 40 homes which is a reduction in increased traffic as to what was originally planned. Public hearing was closed. Motion was made for approval was made by Commissioner Pusley and seconded by Commissioner Salazar with Chairman Stone abstaining and Commissioner Zamora being absent. H :\PLN- DIRSHARED\GAIL \ WORD.AGENDM EM\2005\December\ 1 105 -04M inutes Excerptdoc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SCOTT MANDEL, BY CHANGING THE ZONING MAP IN REFERENCE TO 40.02 ACRES OUT OF LOTS 10 AND 18, SECTION 20 OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "F-R" FARM-RURAL DISTRICT TO "R-1B" ONE- FAMILY DWELLING DISTRICT ON TRACTS 1,2, AND 3; 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 Scott Mandel 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, December 14, 2005, during a meeting of the Planning Commission, and on Tuesday, January 17, 2006, 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 40.02 acres out of lots 10 and 18, Section 20 out of the Flour Bluff and Encinal Farm and Garden Tracts located east of Cimarron Boulevard and 200 feet south of Brockhampton Street, from "F_R" Farm-Rural District to "R-1 B" One-Family Dwelling District on Tracts 1,2 and 3. (Map 043032) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG-DIR\JosephlZoning-05\1105-04.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 1 th day of January, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED J~ II Joseph Ha:1:- It-o Assistant City Attorney For City Attorney Henry Garrett Mayor 2006 H. \LEG-OI R\Joseph\Zon ing-05\ 1105-04. doc Page 3 of 3 Corpus Christi, Texas day of ,2006 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 I or at the present meeting of the City Council. Respectfu lIy, Respectfully I 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 H :\LEG-DIR\Joseph\Zoning-05\ 11 05-04.doc 16 AGENDA MEMORANDUM Date: January 17, 2006 SUBJECT: Flexible-fuel plug-in hybrid vehicles AGENDA ITEM: Resolution directing the City Managerto develop a program to encourage the future purchase of flexible-fuel plug-in hybrid vehicles for City fleet orders; commit the City to support state and federal policies that will promote flexible-fuel plug-in hybrid vehicles; and, work with other local governments, education, business, and the environmental community to encourage the manufacture and purchase of flexible-fuel plug- in hybrid vehicles. ISSUE: The City of Corpus Christi has been asked to endorse a program to encourage automobile manufacturers to produce flexible-fuel plug-in hybrid vehicles for sale to fleet operators and the public. This resolution puts the City on record as having officially endorsed this program. FUNDING: This resolution requires no funding. RECOMMENDATION: Staff recommends approval of the resolution as presented. ~~ Ronald F. M~,S"~:'~MM d Assistant City Manager Public Works and Utilities BACKGROUND INFORMATION Subject: Flexible-fuel plug-in hybrid vehicles Project Description: On-road motor vehicles account for 21 % of the volatile organic compound (VOC) emissions and 28% of the NOx emissions in the Corpus Christi airshed. Both of these pollutants react in the atmosphere to form smog. Also gasoline and diesel prices have escalated significantly over the last year or so negatively impacting the City financially. There are a number of gasoline-electric hybrid vehicles available on the market today, which, both reduce emissions and improve fuel efficiency in city driving. Technologyexists to improve on emission reductions and fuel efficiency if the vehicle could be plugged into a charging device when not in use. That would increase the available battery power to reduce fuel consumption for a significant distance during daily driving activities. However, at this point in time, the automobile manufacturers are not producing vehicles with this enhanced capability. Since this technology would likely be a costly upgrade, the manufacturers would need to have some indication that there would be a market for these vehicles if they were available. This program of obtaining endorsements from units of local government and other fleet users is an attempt to demonstrate the market potential for these vehicles to the manufacturers, Approval of this resolution will support a national campaign to encourage development and production of flexible-fuel plug-in hybrid vehicles. Once available, the City would be in a position to evaluate the merits and pricing of available vehicles based on fleet needs. Prior Council Action: Council has previously approved contracts funding alternative fueled vehicle programs lead by the City. Future Council Action: None anticipated. RESOLUTION DIRECTING THE CITY MANAGER TO DEVELOP A PROGRAM TO ENCOURAGE THE FUTURE PURCHASE OF FLEXIBLE-FUEL PLUG-IN HYBRID VEHICLES FOR CITY FLEET ORDERS; COMMIT THE CITY TO SUPPORT STATE AND FEDERAL POLICIES THAT WILL PROMOTE FLEXIBLE-FUEL PLUG-IN HYBRID VEHICLES; AND, WORK WITH OTHER LOCAL GOVERNMENTS, EDUCATION, BUSINESS, AND THE ENVIRONMENTAL COMMUNITY TO ENCOURAGE THE MANUFACTURE AND PURCHASE OF FLEXIBLE-FUEL PLUG-IN HYBRID VEHICLES. WHEREAS, the over-reliance of America on foreign oil has become a growing and serious concern to the economic vitality and national security interests of the United States; WHEREAS, automobile emissions are a major source of smog forming emissions in our cities which threaten the health of certain at-risk segments of the population; WHEREAS, the imbalance between gasoline resources and worldwide demand is escalating fuel prices to levels that burden commerce and economic growth, and causes finandal hardship to the public; WHEREAS, the technology exists today to build a flexible-fuel plug-in hybrid-electric automobile that could reduce imports, fuel costs, and air emissions; WHEREAS, the City of Corpus Christi is partnering with Austin and others of the nation's largest cities to urge automakers to mass produce flexible-fuel plug-in hybrid vehicles for the economic, environmental, and strategic reasons outlined; and WHEREAS, the City of Corpus Christi is officially launching a campaign to promote the mass production of flexible-fuel plug-in hybrid vehicles; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is directed to develop a program to encourage the future purchase of flexible-fuel plug-in hybrid vehicles for fleet orders as they become available. SECTION 2. That the City of Corpus Christi makes a commitment to support state and federal pOlides that will promote flexible-fuel plug-in hybrid vehicles. SECTION 3. That the City of Corpus Christi will work with other local governments, education, business, and the environmental community to encourage the manufacture and purChase of flexible-fuel plug-in hybrid vehicles. R63002A1 doc 1 ATTEST: Armando Chapa City Secretary APPROVED: 10th day of January, 2006. ~~-7 R. JR' ing / First Assistant City Attorney For City Attorney R63002A1.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 2 Corpus Christi, Texas ----- _ of ____ I 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bi II Kell y Rex A. Kinnison John Marez Jesse Noyola Mark Scott R63002A 1 doc 3 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding Traffic Management at the Arena/Convention Center during multiple events. STAFF PRESENTER(S): Name 1. Marc Solis Title/Position General Manager Department SMG ISSUE: During the November 15, 2005 City Council meeting, the Council requested a presentation be submitted regarding Traffic Management at the Arena/Convention Center during multiple events. REQUIRED COUNCIL ACTION: No formal action is required at this time. ~ (!.,1?~ Margie C. ose - Assistant City Manager '+-' c: Q) E c.. o Q) > Q) o -c c: co C) c: -- c: c: co c.. N o ~ ---....... O~ ---....... ~ CO en E ~ ~ :J C) +-' o en L.. +-' a.. c · CO C)~ -0 :J - en cc c o<!S 0 c () CO C) - c a.. -- ~ L.. '- Q) CO 1i)a.. CO L.. ~ ~ ~ - +-' CO (5~ A A "'C Q) c.. o - Q) C) > C Q) -- 0 +-' Q) C Q) CO ~c: en L.. L.. 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C u t:: >- 0 0 ~ ~ - +-' (]) t) en en > L. -- W -- +-' (]) LL co \J 0 C/) ::J Q) -C L.. +-' \f- (]) CO (]) en en E c :J (]) -- c 0 -c u -- +-' L.. +-' () en 0 c :J :J 0 0 C/) () () () . . . . en L- (]) ~ en c <( oc!S en c o -- +-' en (]) ::J o 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by the Human Relations Department on the City's ADA Title II Transition Plan and the City's Non-Discrimination Ordinance. STAFF PRESENTER(S): Name 1. Leon Bazar Title/Position Director Department Human Relations ISSUE: The City Council is to receive quarterly updates regarding the efforts made under the City's ADA Title II Transition Plan and the City's Non-Discrimination Ordinance. BACKGROUND: Please see attached REQUIRED COUNCIL ACTION: None at this time. L~ Leon Bazar Director of Human Relations Additional Background XX Exhibits 0 BACKGROUND INFORMATION Recap of Title II Transition Plan Progress Americans with Disabilities Act (ADA) The City of Corpus Christi's Title II ADA Transition Plan consists of accessibility improvement projects for cross-disabilities through the removal of barriers for access to public programs, services, and activities. The ongoing Title II Transition Plan efforts are presented by the following categories of Public Facilities, Public Programs, Site Development, Outreach, Citywide Curb Ramps and Individual Curb Ramp Requests: I. Public Facilities The City's Engineering Services Department completed the contract for the initial projects identified in the City's 2002 self-evaluation, in which improvements were made in 26 City public facilities to improve such areas as restrooms, parking spaces, signage, ramps, railings, thresholds and doorways/entrances. The City has begun work to update the transition plan document and further monitoring. II. Programs A. City Secretary's office Area designated for public review on documents was modified to include an accessible desk area B. City Secretary's Office Human Relations completed an accessibility study of all polling places used in the City Non-smoking Ordinance election and coordinated installation of all accessibility aids and removal of architectural barriers to polling places. C. Police Department The Police Department, Municipal Court, Human Relations, and the Accessibility Coalition of the Coastal Bend have been working on a proposal for a voluntary ADA parking monitor program. Pending internal approvals, it should be ready to be presented to City Council in late January 2006. III. Site Development Employees working in the areas of accessibility compliance, plan reviews and facility inspections and projects will continue to be rotated into the State of Texas' training academy on Texas Accessibility Standards through the Texas Department of Licensing and Regulation. One staff member from Engineering Services and one staff member from the American Bank Center attended the training this quarter and were certified Accessibility Specialists. A total of 6 employees have completed the Academy training program. IV. Outreach The promotion of accessibility awareness is a continuing effort. Monthly employee training classes include segments on diversity awareness, sensitivity training and People First Language training. Similar training segments are provided during supervisory training programs throughout the year in intervals approximately 6 to 8 weeks long. Annual ADA compliance training is provided for public entities, public businesses and the City's departmental ADA coordinators. Quarterly scheduled training and technical assistance sessions with Mr. Aaron McCullough from the Disabilities Law Research Project in Houston were scheduled for September but were rescheduled to November due to Hurricane Rita. The focus of these sessions involving the Department ADA Coordinators will be to review the progress of each department relative to the Transition Plan. Additional technical assistance sessions will be held with Legal, Engineering Services, Human Resources, Parks and Recreation, and Human Relations. Mr. McCullough will also review pending accessibility complaints and City Hall accessibility and make recommendations. During this quarter, Storm Water employees also participated in Harassment and Non- Discrimination training provided by Human Relations. V. Citywide Curb Ramps There are 24 defined projects related to ADA curb ramps or path of travel under Bond 2004. Of which 17 are in the design phase and 7 are in the preliminary project phase, Utilizing TXDOT, CDBG, Bond 2000, Bond 2004, and Drainage CIP 2004 funds, the City of Corpus Christi will have expended approximately $125 million impacting accessibility for persons with disabilities in our community. Non-Discrimination Ordinance Summary on Complaints Based on Disability By Category A. Under the category of "Investigations of all complaints received regarding discrimination by a place of Public Accommodations", there have been 8 disability complaints filed: 1. Restaurant (2) Implementation of accessible parking spaces and accessible entrance. Informed owners ot ADA Tax Incentive program. Performance Arena Accessible parking and accessible line-ot-sight seating needing improvement. 2. Performance Arena Improved accessible parking, line-ot-sight seating, and concession area seating. 3. Nursing Home / Apartment Complex Installed proper designation for accessible parking. 4. Grocery Stores (3) Removed shopping carts blocking path of travel, removed shopping cart rack, and created new van accessible parking space. B. Under the category of "Effect on Other Governmental Entities", there have been ~ complaints that were referred to the appropriate agency/entity: 1. School District campuses not accessible due to curb ramps missing on sidewalk entrance and exit. Positive response and commitment to install during December school break. 2. County facility reported to have vehicle parking in accessible parking space without any accessible license plate or placard. Investigation through Sheriffs office revealed employee with disability not using appropriate placard as required. C Under the category of "Investigation of all complaints received excluding People with Disabilities from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program activity operated or contracted by the City of Corpus Christi", the total number of disability complaints is 1 05 for this Quarter: 1. Complaints (48) for Code Enforcement on sidewalk obstruction (not clean or vehicles blocking pathway) that impact accessibility and usability by individuals with disabilities 2. Complaints (47) for Engineering Services on sidewalk curb ramps not available and impacting accessibility for individuals with disabilities 3. Automated Trash Carts Citizens who are unable to take the trash cart to the curb for automated trash pick up service may request a reasonable accommodation for "back door" service. Since the adoption of this ordinance, the City is providing 134 accommodations through an alternate trash pick up service for citizens with disabilities. This includes 10 requests for this Quarter. NON-DISCRIMINATION ORDINANCE UPDATE: Other than ADA disability related complaints and concerns, the Human Relations Department is also responsible for enforcing the non-discrimination applications relative to employment and fair housing. The Human Relations Department has contractual agreements with the Equal Employment Opportunity Commission (EEOC) and the Department of Housing and Urban Development (HUD). Both of these agency contracts were renewed for the 2005-2006 year. During this Quarter, 23 EEOC Employment discrimination cases were resolved and closed. Of these, 10 were No Fault Settlements resulting in eitherre-instatement, monetary settlement, neutral Letter of Reference, or required employee and supervisor training. We currently have approximately 70 EEOC employment cases in the investigative and/or mediation stage. Race/national origin constitute 42% of statute/basis for discrimination charges. One Fair Housing case was closed and two other housing complaints were resolved relating to alleged apartment application discrimination based on race and one on denial of deposit based on disability. We currently have 6 fair housing cases in the investigative and/or mediation stage. In both contracts, case closures require the local Human Relations staff to conduct investigations, on-site visits, obtain witness statements, review related documents, and mediate and negotiate settlements when appropriate. Additional steps could include the issuing of subpoena and temporary restraining orders when required. 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ISSUE: Because of the unpredictability and fluctuation of the activity in Health Insurance, Workers Compensation, and General Liability, the Council has asked for quarterly presentations of incurred costs, and amounts paid in the Health Benefits/ Risk Management Fund. BACKGROUND: Staff has been making quarterly presentations to the Council for a number of years so that the Council can make adjustments to the Budget as needed and informed decisions regarding insurance premiums. REQUIRED COUNCIL ACTION: None {] .t...--- C ATTACHMENTS: Quarterly Report Power Point Slides City of Corpus Christi, Texas Department of Human Resources Risk Management Fund Report for Period Ended October 31, 2005 Health Benefits.. \Vorkers' Compensation... ... General LIabilities................ TABLE OF CONTENTS . . . . . . . . . . . . . .. ..........,...",..,.".,....,.".1 . . . . . . . . . . .. . . . . . . . .. ... . . . .. .. . . . .' "'" . . .... ...6 .....,......................................,...,............ ..14 Health Benefits Graphs H-l and H-2 below provide the claims count and dollars paid for each of the City's health plans for Fiscal Years 2004. 2005 and 2005 through October. The data itself is provided !t1 Tables fl-1 and H-2 following each graph. Number of Claims Filed by Plan 9000 7000 ,~ / "- ~..---./ 8000 6000 10 .5 5000 .. U '0 4000 'It 3000 ~ 2000 ~ Aug 03 Nov 03 Feb 04 May 04 Aug 04 Nov. '04 Feb '05 May '05 Aug '05 ..~ Ba~~c ~_CC&Q-:;'.~Fi~~ p~~~e~~_Q~\I__!- Total ___~'(O~ Graph H-l 1 Number of Medical Claims Filed Year Au!! Sept Oct Nov Dee Jan Feb Mar Apr May Jun Jul Total Citicare FY04 2,693 4,776 4,516 3,634 3,161 3,430 3,868 4,064 3,887 3,883 3,710 3,841 45,463 FY05 2,863 5,028 4,229 3,751 3,811 3,871 3,963 4,576 4,031 4,292 4,146 3,806 48,367 FY06 2,202 5,344 3,903 - - - - - - 11,449 Citicare Fire FY04 694 983 950 775 770 797 809 906 904 1,028 830 778 10,224 FY05 685 1,130 999 928 947 924 829 1,031 862 1,053 1,072 937 11,397 ; FY06 1,046 885 932 - - - - - 2,863 Citicare PD FY04 786 1,286 1,228 1,035 1,122 1,058 1,191 1,306 1,112 966 985 948 13,023 FY05 711 1,352 l,321 1,137 1,064 1,126 1,080 1,224 1,047 1,060 1,170 984 13,276 , FY06 546 1,461 535 - - - 2,542 Citicare Basic FY04 40 125 78 85 64 89 130 83 130 99 107 95 1,125 I FY05 118 98 127 83 136 119 131 140 117 157 149 120 1495 FY06 87 266 162 - - - 515 Total FY04 4,213 7,170 6,772 5,529 5,117 5,374 5,998 6,359 6,033 5,976 5,632 5,662 69,835 FY05 4,377 7,608 6,676 5,899 5,958 6,040 6,003 6,971 6,057 6,562 6,537 5,847 74,535 ... FY06 3,881 7,956 5,532 - 17,369 Table H-l $2 000000 $1 80e. 000 $1 600.000 $1 400000 $1 .200 000 ~ .!!! $1.000000 '0 0 $800.000 $600,000 $400 000 $200 000 Dollars Paid by Plan Including Prescriptions \, .~ " "- "''v''v/~~ $- Aug 03 Nov 03 Feb 04 May 04 Aug 04 Nov. '04 Feb '05 May '05 Aug '05 Nov. '05 -- Basic --- 0& V --a- CC & Q+ --Rx --- Fire ........Total -+- Police -FY04 Trend Graph H-2 Dollars Paid (In Thousands) Year Au!! Sept Oct No\" Dee Jan Feb Mar Apr Ma\" Jun Jul Total Citieare FY04 947 799 714 477 620 461 595 699 605 653 638 659 7,866 FY05 675 807 739 694 747 719 806 747 1067 672 980 740 9393 FY06 502 1,054 819 - - 2,375 Citicare Fire FY04 122 122 109 97 88 113 158 100 134 177 133 104 1,457 FY05 94 116 170 ]11 122 114 95 156 197 168 202 175 1720 fY06 179 139 219 - - - 537 Citicare PD FY04 294 198 169 162 197 190 197 317 178 286 251 202 2,639 FY05 103 390 240 154 147 225 254 70 183 170 234 176 2,346 i FY06 129 215 212 - . 556 ICitlcare Basic FY04 1541 22675 14.011 9899 433] 9923 11.966 4.958 6.945 10.675 11.060 7.280 115 , FY05 6.15] 9.158 12.514 9.078 11.511 142] 1 16618 11.047 10.782 20.616 22.595 17.554 162 ~ FY06 7.725 28.929 29.544 0.000 0.000 0.000 0.000 0.000 0.000 0000 0.000 0.000 66.198 Pharmacy FY04 267 201 200 191 211 221 210 236 221 218 214 22] 2610 FY05 220 229 247 231 271 264 247 283 267 243 276 286 3,064 FY06 271 261 256 - - - . 788 Total FY04 1,63] 1,343 1,206 936 1 120 994 1,171 1,357 1,145 1345 ],246 1,192 14,687 , FY05 1,098 1,551 1,409 1,199 1,299 1,336 1,419 1,267 1,725 1,274 ],715 1,395 16,685 i- FY06 1,089 1,698 1,536 4,322 . . - - - - - -- Table H-2 Table H-3. shown next, provides information regarding the change in claims filed and dollars paid for each of the three major health plans (Citicare, Fire and Police), Citicare Basic and Pharmacy claims from the first three months of Fiscal Year 2005 to the same period in Fiscal 2006. 2 1st Quarter Comparison Claims % % Count Chanae Dollars Paid Chanae Citicare FY05 12,120 $ 2,220,270 FY06 11,449 -5.54% 2,375,213 6.98% Citicare Fire FY05 2,814 380,078 FY06 2,863 1.74% 537,018 41.29% Citicare PD FY05 3,384 732,784 FY06 2,542 -24.88% 556,393 -24.07% Citicare Basic FY05 343 27,823 FY06 515 50.15% 66,198 137.92% Pharmacy FY05 20,160 695,994 FY06 20,867 3.51% 787,612 13.16% Table H-3 Graph H-3, shown next, compares the average cost per member (employee, retiree or Cobra participant) for each of the health plans during the first quarter of the year for Fiscal Years 2005 and 2006. Table H-4 provides the data charted in Graph H-3 split out between both medical and pharmacy claims. Finally, Graph H-4 shows the average cost per claim in total for each of the past three fiscal years as well as Fiscal Year 2006 to-date. 3 ... Ql .Cl E Ql :!: ... Ql Ql > 0..:;::; ....,!! III ::I <3 E Ql ::I ClO III ... t~ > III <( ::I '00 l: Ui 0.... III ';: III Co E o () ~ o > u.;;:; j .. E ~ G> - ~C5 G> '0 a. G> U;~ oW (,)'0 G> 0 en "C ~~ > cf It) o ~::; t Q; .Cl.Cl E 0 CII - ~ f.l ..0 CII" a. Gl _'0 .. C oW U" ell 0 en "i: E ell ClIo.. > cf en '" en '" '" <D '" '" <D a .~ (5 0.. '" .... <0 '" '" '" ~ u: "- .... M <D '" '" "- en ;c It) II) .fi (5 0.. ~ Ii: f'f') I == .Cl fJJ Q., ~ E .9- ~ (.) :.e m 0- m ... .Cl o o "C C Cll fJJ Q) Q) >- o C. E Q) "C ,~ a:; 0:: "C C Cll Q) > U <( fJJ Q) "C :J 13 .S ... r-- CO CI) CJl L() .Cl .... N E CO CO CI) L() "'<t :!: ... 8 ~ <( ffl ffl CJl CXl CI) r ~ .!:! N III 0 N '0 E .... .... a.. III ~ a.. ffl ffl CXl CXl N CO 'ii cO m L() ("') U "'<t ("') :c CI) :!: ffl ffl ;::I; N "'<t r Lri cO CI) CI) CJl N ,Q ("') L() E > CI) <(:E ffl ffl 0 ("') r C! ..... l!! III N L() E ..... ..... u:: III ~ a.. ffl ffl ("') CXl L() ("') 'ii cO r-...: co r-- u N ("') :c CI) :!: ffl ffl r-- ..... "'<t CJl r ~ ~ CI) CI) CO CJl .Cl ("') ("') E > CI) <(::E ffl ffl .... CJl r .... l!! ~ C'lI "'<t L() C'lI E u :;::; III 0 ~ a.. ffl ffl r-- ("') 0 r-- 'ii Lri 0 .... "'<t U ("') ("') :c CI) ::E ffl ffl L/) (D 0 0 >- >- LL LL "1'" "1" I == ~ :c ~ ~ -... Q) .Cl E Q) ~ .. Cost Per Claim 450 400 ~. 350 300 /^" I!! 250 .!!! "0 0 200 150 100 50 I I ~n__ ! i _.._. +------ I : ----~ I -i- '"' --------.--t----- _.'---r--- -~--' ------. ._- -----:----- I May Jun Jut Aug Sept Oet Nov Dee Jan Feb Mar Apr __~ -E~Q_3_ ...~ FY04~=i.~Q.~ ""*-FY061 Graph H-4 By the end of October 2005, 66.4% of the individuals in the Citicare plan had filed claims (members, spouses and dependents). At that time, the Plan had paid between $-0- and $500 total for 49.9% of the participants and between $-0- and $1,000 for 57.48% of the participants. Approximately one-third (33.6%) of the participants in the plan had not filed any claims. During Fiscal Year 2005's 1st quarter, 58.33% of the Citicare participants had filed claims. Of those, 45.12% had a net benefit of between $-0- and $500. Approximately 51% had benefits paid of hetween $-0- and $1,000. Approximately 42% of the individuals in Citicare had not filed claims. Within the Fire plan, 59.35% of the participants had filed claims for medical care by the end of the 1st quarter of Fiscal Year 2006. Of these, 41.37% of the individuals had a total benefit paid of between $-0- and $500; 49.28% had a total benefit paid of between $-0- and $1,000. No claims had been filed by 40.65% of the participants. The first quarter of Fiscal Year 2005 had 58.01% participants filing claims and 41.99% not filing claims. Up to $500 total benefit had been paid for 42.46% of the population while 49.38% had benefits paid of between $-0- and $1.000. The Police plan showed a decrease in the number of participants filing claims during the first quarter. In Fiscal Year 2005, 62.77% of the participants had filed claims, but for Fiscal Year 2006 that percentage was 61.93%. There was a slight increase in the percent of population for whom benefits paid totaled between $-0- and $1,000 (from 53.05% to 53.95%), but a decrease in the percent of individuals for whom benefits paid totaled up to $500 (from 46.06% to 44.67%). 5 Workers' Compensation General Information Table WC-l below gives summary claims data for the Workers' Compensation self-insurance for the first quarter of each year since Fiscal Year 2002. WORKERS' COMPENSATION 5- YEAR NEW CLAIMS HISTORY (Fiscal Year Basis - Period Ended October 31) I Year FY02 FY03 FY04 FY05 FY06 Total number of Claims 312 282 281 255 282 Total Incurred $ 290,824 $ 550,207 $ 369,807 $ 238,617 $ 326,325 Total Paid $ 44,235 $ 125,260 $ 71,332 $ 56,757 $ 59,201 % of Total Incurred Paid Out 15% 23% 19% 24% 18% Number of Claims Paid> $1.00 82 103 160 139 133 Number of Indemnity Cases Paid On 15 18 34 17 15 Number ofMO Cases Paid On 67 85 126 122 118 Number of Claims Not Paid On 230 179 121 116 149 % Indemnity Cases of Paid-on Cases 18.29% 17.48% 21.25% 12.23% 11.28% , Number ofCCFD Claims 59 38 43 32 35 Number of CCFD Response Calls 6,882 6,858 7,283 7,418 8,001 CCFD Claims per Call 0.0086 0.0055 0.0059 0.0043 0.0044 Number ofCCPD Claims 92 77 78 60 66 Number of CCPD Response Calls 43,009 40,418 42,805 42,379 42,202 CCPD Claims per Call 0.0021 0.0019 0.0018 0.0014 0.0016 Table WC-l Graph WC-I and Table WC-l provide claims count data by department. Thus far this year most of the departments typically documented in this report have experienced an increase in workers' compensation claims. The exceptions to this trend are the Gas and Street departments. 6 ~ ----~~----.------~-"-."--~.~-~1 Year to Date Claims Count Comparison (Period Ended October 31) 350 300 250 .... c:: 200 ::3 <3 150 100 50 o FY02 FY03 FY04 1 st Quarter Graph WC-l .~ FY05 . All Other o Water . Street II Gas III Wastewater II Parks . Solid Waste Services . Fire o Police I II I I FY06 Cumulative 1st Quarter Comparison - Claims Counts Department Police Fire Solid Waste Services Parks Wastewater Gas Street Water All Other Total FY02 Count 92 59 49 17 15 16 15 9 40 312 FY03 Count 77 38 56 11 16 13 7 9 55 282 Table WC-2 FY04 Count 78 43 38 16 16 16 12 13 49 281 FY05 Count 60 32 31 24 15 14 11 11 57 255 FY06 Count 66 35 49 26 22 9 6 16 53 282 Graph WC-2 and Table WC-3 present the incurred costs for workers' compensation claims at the end of the first quarter for each of the previous 4 years and Fiscal Year 2006. The Fire, Street and Parks departments had a decrease in the incurred cost of their 15t quarter claims. The Police department's incurred costs during the first quarter of Fiscal Year 2006 were nearly twice that of Fiscal Year 2005 despite the fact that there was only a 10% increase in claims filed. Of the 233% increase in incurred costs for the category of "All Other" departments, 41 % of the total Incurred costs for that category (72% of the additional dollar amount) was associated with two lower back injuries, one due to a motor vehicle accident and one caused by lifting. In general terms, the 10.5% increase In filed claims for Fiscal 2006 is associated with a 36.8% increase in Illcurred costs. 7 $600,000.00 $500,000.00 III $400,000.00 ... Cll ~ $300,000.00 o $200,000.00 $100,000.00 $0.00 Department Police Fire Solid Waste Services Parks Wastewater Gas Street Water All Other Totai Year to Date Incurred Cost Comparison (Period Ended October 31) ! FY02 FY03 FY04 1st Quarter Graph WC-2 FY05 FY06 -, . All Other o Water . Street .Gas . Wastewater \ill Parks I I . Solid Waste Services I . Fire _ o Police Cumulative 1st Quarter Comparison - Incurred Costs FY02 Incurred $97,608.10 47,674.80 34,570.47 12,467.99 26,971.14 12,159.12 13,546.72 8,638.50 37,186.91 $290,82375 FY03 Incurred $190,446.37 129,382.84 37,418.66 15,567.59 48,084.52 28,192.06 9,917.40 4,839.99 86,357.75 $550,207.18 Table WC-3 FY04 Incurred $124,080.90 63,656.50 50,201.93 15,248.45 10,435.75 15,356.13 13,918.47 11,437.68 65,470.73 $369,806.54 FY05 Incurred $69,632.53 30,201.57 27,944.33 27,105.95 21,522.51 9,618.76 22,698.84 3,935.18 25,956.93 $238,616.60 FY06 Incurred $124,942.88 22,536.11 37,999.41 24,532.67 22,022.51 12,170.31 2,930.65 18,733.79 60,456.28 $326,324.61 Graphs We-3 and WC-4 below compare incurred costs to paid costs and paid-on cases to no- dollar-paid cases. The low level of dollars paid out, as reflected in Graph WC-3 is reflective of the time-sensitive nature of Workers' Compensation claims. The incurred cost is an estimation of the total expenses and benefits to be paid out on claims. However, benefit costs (impairment Il1come and temporary income) are distributed over time whereas most medical and administrative expenses are paid relatively quickly. 8 Incurred Costs vs Paid Costs $600,000 $500,000 ~ $400,000 ~ $300,000 o o $200,000 $100,000 $- 350 300 250 200 150 100 50 "L FY02 FY03 FY04 FY05 FY06 Fiscal Year - Period Ended October 31 ~--~- -::;-1 I_ Total Incurred - Total Paid I Graph WC-3 I l- FY02 FY03 FY04 FY05 FY06 I- Nu~t;~~~91~i~s_N~pald-6n~~N~~_b~~~d~~~i-tY-C~~~~-paid O~_[J Number of MO Cases Paid On I Graph WC-4 Incurred Cost and Claims Maturation Graphs WC-3 and WC-4, shown above, represent dollars paid during the first quarter of each year for claims filed during the first quarter of each year. However, since many claims are not closed immediately, at any given time the City will be paying for claims filed months or years previous. Graph WC-5 below reports the amount of money paid out during the first quarter of Fiscal Year 2006 for claims which were filed in previous years. As might be expected, the largest expense is attributed to claims filed in the immediate previous year. However, significant amounts (if- money were also paid out for claims in each of the previous fiscal years. 9 Dollars Paid in Current Year for Prior Years' Claims $300,000 $250,000 :2 $200,000 C'l:J a. l!! $150,000 C'l:J $110,474 0 c $100,000 $50,000 $- $276,636l I I I I I I $2,201 $3,610 Prior to FY2001 FY2001 FY2002 FY2003 FY2004 FY2005 Year of Claim Graph WC-5 Type of Accident Graph WC-6 shown next provides claims count data by the type of accident occurring during the first three months of each of the recent fiscal years. The number of claims filed for the most common types of accidents appears to be improving when comparing first quarter to first quarter. In particular, injuries as a result of strains are showing a continued improvement over the past several years. 10 350 300 250 ~ 200 c: ::J 0 150 (.) 100 50 0 FY02 Year-to-Date Claim Count by Type of Accident (Period Ended October 31) FY03 ~-,- Accident T e All Other Animal/Insect Bite Burns/scalds Caught Between _ Cuts/Scrapes_ ____ Fails/Slips .____________ Forel n bod in eye Motor vehicles - - ------ - -"..- ~----- ------- Police apprehens)on Strain/lnjury by Striking against/stepping on ~!!'_llckli nj ured.~'y._ FY04 FY05 FY06 Graph WC-6 ACCIDENT TYPES BY QUARTER _. -_....._-~-.- -.-..- PERIOD ENDED OCTOBER 31 [J Striking againsUstepping on i o Police apprehension ' . Foreign body in eye . Anim aVlnsect Bite o Strain/Injury by lID Strucklinjured by . Motor vehicles iii All Other . Falls/Slips III Cuts/Scrapes o Caught Between III Burns/scalds FY04 44 31 5 3 19 40 7 17 o 64 10 41 281 FY05 56 19 6 7 23 32 8 13 o 53 6 32 255 -~ I I i FY06 68 20 3 6 29 45 5 14 o 66 7 19 282 Tvpe of In iurv Graph we -7 (Table WC-5) shown next gives claims counts by type of injury. Consistently, strains are the most common type of injury sustained. Sprains, lacerations and contusions are other frequent i~ury types. FY02 FY03 541 60 ~--_..._._-- .--....-...----- . ~ -1 . -----+u=== ~~ 1 9; 4 -t--ifi-~----.' 28 -----~~~=r 43: 21 I 4i 9 -....---- ... .--1....----- j__ _.._~ 15 . +___1~-~---..9 1 84! 91 ------ -t-----=---:..t- ! 11 11 --.-.-.-. I --.---+-.------ 43. 24 312 282 Table WC-4 11 Year-to-date Claims Count by Type of Injury (Period Ended October 31) 350 300 250 C 200 :;, <3 150 100 50 o FY02 FY03 FY04 FY05 Graph WC-7 FY06 City of Corpus Christi Injury Code Report Period Ended October 31 Tvpe of Iniury All other trauma Burn Contusion (bruise) Foreign body I nflamation Laceration Puncture Sprain Strain FY02 FY03 59 89 8 7 59 17 3 6 18 7 18 23 11 14 36 19 1 00 1 00 312 282 Table WC-5 FY04 96 5 41 7 14 19 15 26 58 281 FY05 90 6 27 8 4 26 23 20 51 255 I o Inflamation . Strain . Sprain []] Puncture o Laceration o Foreign body IiiIiI Contusion (bruise) . Burn . All other trauma FY06 % Chanae 105 70.86% 2 -66.67% 33 22.22% 4 -50.00% 4 0.00% 23 -11.54% 18 -21.74% 28 40.00% 65 27.45% 282 10.59% Severity Report During the first three months of Fiscal Year 2006, one workers' compensation claim was filed which reached this report's threshold of $50,000 incurred. This was a claim in the Police department, the incurred cost for which is currently at $74,000. In the previous four years there was one other claim exceeding the $50,000 threshold during l51 quarter. The incurred cost for that claim was valued at $37,000 for a Fire department claim filed in Fiscal Year 2003. Claims Activity The Claims Activity report is provided next in Table WC-6. This report records the actual business that occurred each month of the fiscal year. It gives the number of new claims filed during that month, the number of claims closed, the dollar amount paid out and the number of outstanding claims and incurred costs left at the end of each month. 12 M ! i L-t , ! I i : . ! I i I ! 1 I I !. I! I !:! i I Iii i , I, + +++-t. ' I. 1-+. : ','- ~--t. -f. I ; I ' I ! :: I I ! 1;,0 i ! i ,I => I !! 'i' lei i I !' i ; I~ Iii I ~ H- -t'-t-. i i-tH~.-~ <It I ! ! I I'. I '" => I I I! !!! I ~ I~ ii1i1t!li,!:li ? ~ g + : '. t-++-t+.. + ~I'~ ~ ~ i I I Ii' i, " i ~6 ~ ~ i i 11 : i. ,i il~ ~I ~~t;' i~l~ji j '..~~,..~ 1~1.iF ~ i..:~' I !!"': 1:"1 ~ ! 0 I..! ' o ' ! i I ~ ~ ~''''I'''' ~ ~ gg. ~ ~ ..... i !-~i ~ . - -- r \Ci I U ~ \,0 ,~ !~ ~ 00 ~ - 1- 00.... , ~ '" ..... v:i ~ :Q ~ Eo-; .,., o 12 ! , 'D ..... .,., - - ~ ....; 'D o v:i i I. I~I, I it'D'" ~ ~ ;:::;t~...! ~:;:o, 'I/-N ("f')Oi NOr : 19' "':: <". l'ff'. ~^I i ,~8'I' oq- Ni 0'\,,1 ' i< I V) '! ~ I r -+- -t-f++-+ . + ++ :g~!i11 ;~~ I i't' I~sll;~ j! Wsl; I l~ i ~..s 8 ..s 81~ 8 ~ I 8..s -1_ _ _--+ I I I I I r--<f" -<f" - 'D I <f"^. ~! V)' "l:t N r--- N 00 M 0 l.r) Vi 00 ....; ~ ~ ~ I.... '"0 " - t: c: ::I ::I U o c: U -, Oll .5 1 ] Olll' ~.= -"0 ::I c: o~ " "'I 1.5oE i ol~ -l :::;, GENERAL LIABILITIES General Information Graph GL-l and Table GL-I provide information on the types of claims filed under the City's self-insured General Liability coverage for the first quarter of each of the current and past four fiscal years, Claims involving damage to vehicles remain the single most common type filed against the City, These types of claims include not only vehicle accidents, but other situations such as when a vehicle is damaged by falling objects, by potholes or by freshly laid tar. Property damage. the next most frequent type of liability claim, is usually damage to City property, general property damage, and utility cable damage. ['he number of claims filed against the City for the first quarter of Fiscal Year 2006 continues to Improve over prevIOUS years. 50 Types of Claims - Period Ended October 31 --------~--I I --I I . _________1 I I I i 300 250 III 200 E 'n; U '0 150 ~ E ;:, z 100 o 2002 2003 2004 Fiscal Year 2005 2006 o Employment-related . Water/Waste damage-related .AII Other . Policies/Practices/Contract . Vehicle Damage o Police-related 0 Fire Department-related . Property D_~rt:lCl9..e.-_~elate~_ ~~~~-"nallnjury-related Graph GL-l 14 CITY OF CORPUS CHRISTI GENERAL LIABILITY CLAIMS TYPES As of October 31 of Each Year -2002 -T 2003 69 --~ 153, .---j 20; - nn_-cc+ 31 ---:-=-t- - 14! ~__.__..---l-u_ 21 ----+-- 12 ' --_...~. 01 ----'.:'..J--- o 273 Table GL-l 2004 137 - -----"'"- 69 9 11 9 3 6 o o 244 2005 103 48 15 10 5 4 2 o 1 188 2006 95 48 12 5 6 1 3 1 o 171 i 'I' Ve.~lcle q~m~e.___ Property Dam~e-related ,vyatejfjyaste darnjge-re.@ted Police-related - ~._.,-------- f=>ersona 1J!:1 J urt:r_e.I~~e(j All Other --_._------- Policies/Practices/Contract -_..~--_._..._--~._- EmploYment -relate'!. Fi':..~D~partme.l1t -related Total 117 i 8~ --=l - ----1t- 1 o 248 Claims bv Department Graph GI-2 charts the claims count for the first quarter of each fiscal year for various departments within the City. Table GL-2 provides the same information in tabular form. Claims against Water. Wastewater. Gas and Police departments remain fairly consistent from year to year 't' .!! u:: 200 III E I'll U 150 .... o ... CIl .c E 100 ::l Z 300 250 Liability Claims Count by Department Period Ended October 31 I 50 1 FY2002 FY2003 FY2004 FY2005 FY2006 [Ii Fire I! G~.s__IIIP~rk M_ai~tena~~.F'()!ic:e...I!~~.ni!~tion III Storm Water 0 Streets. Wastewater iii Water Il!IlAII Others I Graph GL-2 15 De artment i Eolice ! Streets l.--.~-- fAil Other __ __ ___~_~~~u~ u_ i C;~~ I Water I \I\Iast~~!er I SanitatiCl~ i Fi~ _ ~._ , Storm Water Park Maintenance Total GENERAL LIABILITY CLAIMS COUNT BY DEPARTMENT Period Ended October 31 .. -. . -====--=1 1. FY2002 FY2003 i FY2004 44 45 .- - 62i 33 481 35 15. 24 --t . . ----+-~- 3D; 33 .._.- -- 'Y)T---.... , 22, 24: ..-~F==u-u2~T ---- --- ..,,-- -~.._._._-~ 6 10 ~.__.- ----~----- 5 9 273 248 Table GL-2 FY2005 36 19 33 26 22 14 20 9 3 6 188 FY2006 34 8 28 19 28 14 9 11 14 6 171 Graph GL- 3, shown next, provides the incurred cost by department for claims filed during the first quarter of each year. The largest claims costs filed during the 1st quarter of Fiscal Year 2006 were for vehicle accidents, of which two were within the Police department ($74,185 and S 15,000 incurred) and one involved Neighborhood Services ($40,400 incurred). $180,000 $160,000 $140,000 $120,000 U; 0 $100,000 u "0 ~ :5 $80,000 '-' .= $60,000 $40,000 $20,000 $- II Fire II Water o Storm Water 59 48 31 24 14 13 22 13 12 8 244 Incurred Costs by Department Claims Filed, Period Ended October 31 FY2002 FY2003 FY2004 FY2005 FY2006 . Police .Gas II All Others . Sanitation o Streets . Wastewater . Park Maintenance Graph GL-3 16 De artment Police , Streets I ~lfOt~r . Gas I Water [Wastewater -- t ~~~itatio-n -- --- - I Storm-Water -------.--_._---- Park Maintenance ----- Total GENERAL LIABILITY INCURRED COSTS -._- ----- BY DEPARTMENT Period Ended October 31 $ I --.J.- FY2002 FY2003 I ~~~5.~_____r9_&~Q U 3.'~~} ?~,OJQt-- _ . 9,3!L__19,440 I 8,246 13,508 3~f70 .. ~f,260t- 17,260- -~--5,883 i 2~i87. ... 1 3-,01-6-) 4,805---- .3,650 I 1,1~"-- -- ~.:~~- 60,683 $ 165,830 $ 2,429 102,202 $ 2,214 60 164,991 FY2004 34,385 $ __~,862 _ 18,153 3,362 8,598 - 4.736 ! ___8190-r -;:;~~ 1- 1,928 91,989 $ . FY2005 4,654 2,535 60,585 4,803 11 , 1 34 __11,904 3,478 681 FY2006 $ 107,330 __~52 41,470 2,160 7,182 735 ~----~---- 2,788 $ Table GL-3 Dollars paid out by department are included in Graph and Table GL-4. $90 000 $80000 $70000 $60 000 e $50 000 .!! "0 0 $40 000 $30 000 $20.000 $10.000 $.- FY2002 General Liabilities Dollars Paid Period Ended October 31 FY2003 FY2004 FY2005 FY2006 roFir~~-=~~O_!,ark Maint~~n~":..._F'.olice III sanit~t;~~Iil_~ltOrrl1\~at':!_~treets 0 Wastewater 0 Water . All Other I Graph GL-4 17 FISCAL YEAR LIABILITY CLAIMS PAID COSTS BY DEPARTMENT Period Ended October 31 De artment . Fire i Gas I Park Maintenance ~. --------- --- i F>.oli~~_ ~ Sanitation .__ ~..Storm Itjate r._ Streets __.--__n______ I W... as.te. water Water f ~If Oth-~r ITotal FY2002 FY2003 $ 4,805 $ FY2004 $ 684 $ 10,080 ' '-5~ 17,62~C 1 '858~' ___ 3,944 4,623 _ 3,883 I ?,738 1_ 890 $ 49,141 $ Table GL-4 464 2~i5: . ----j. 688 ---- ---~- -- 1 ,453 .:. -1'5160:-- 1,256 ! 2,3801 29,346 728 _!J,339 905 1,915 1,737 118 55 --4,421 27,901 $ $ FY2005 422 $ 2,517 2,243 677 2,978 FY2006 2,160 60 35,828 1,788 2,214 552 735 6,011 33,980 83,327 2,535 2,054 3,388 16,484 33,297 $ Effect of Claims Maturation Graph GL-5 charts the amount of money paid during the I sl quarter of Fiscal 2006 for claims filed in previous years. Dollars Paid in Current Year for Previous Years' Claims (As of October 31, 2005) $140,000 $120,000 $100,000 ~ $80,000 ..!li! 0 0 $60,000 $40,000 $20,000 $- ._---_._~ r- Up thru FY01 FY02 FY03 J I FY04 FY05 III Fire . Sanitation IiII Water . Gas . Park Maintenance . Police o Storm Water 0 Streets . Wastewater . All Other Graph GL-6 City Vehicle Accidents Table GL-5 documents the number of accidents by city vehicles from month to month for Fiscal Year 2005 and 2006. "Preventable Accidents" are defined as those events in which the driver fails to do everything reasonable to avoid or prevent the accident. 18 CITY VEHICLE ACCIDENTS Fiscal Year 2005 Fiscal Year 2006 Number Number of Number of N umber of N umber of of N umber of Month Accidents NCl's* Preventables Accidents NCl's* Preventables August 36 6 13 29 1 12 September 32 5 11 34 1 15 October 25 8 10 19 2 9 November 29 2 12 December 26 ') 10 ... Januat) 29 1 11 Fe broaD 21 1 8 March 23 3 11 April 35 6 13 May 17 1 10 June 27 2 11 July 23 1 9 323 38 129 82 4 36 Table GL-5 19 -c - CD CD .- 0 (,) 0 c c 0 0 N N :J :::s s- O CO l"- LL u (l) ~ >- ~ ......, ~ co co C +-' () :::J U .(/) C Q) lL. co 0 -.., E I +-' L- '"'0 t (l) (l) t +"" Q) C 0 co (l) C) C. :::J (/) a (l) Q) s- ro +"" a.. 0:: (/) C ~ ro ~ ~ en -- 0::: -0 C ~ LL. ....... c (]) E c: 0 (]) .- +-of CO 0> en CO c: (]) ~ c c.. +-of .- E - CO .- ..c ~ +-of 0 CO c: () .- (]) .....J ... ~ en E en - +-' "- CO en t+= (]) (]) "- (]) C> ~ (]) -- c: 0:: c: CO "- (]) c: 0 (]) CO CO $ (9 J:: ~ +-' ~ ro en (]) .- I 0:: . . en +-' -- \i- (]) C (]) co .c +-' - ro (]) I en ....... i.+= Q) C Q) co L() .c. 0 OJ ....... C) (.) :::J CO <( 0 Q.. Q) L() t I 0 ~ ~ L() 0 c: .c "'C n:s OJ OJ c: OJ - LL ~ ~ a- LL I- ~ 'V f ~ 0 "'C > CI) 0 - z: .- u.. U) 'V 0 OJ E C) ~ ro :::J .~ ro n:s <( ...... - :=: 0 U 0 I- ~ 'V ~ j 0 0 .... ~ CI) ~ ~ E ::s 'V Z 0 .c OJ (.) 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