HomeMy WebLinkAboutAgenda Packet City Council - 01/17/2006
CITY COUNCIL AGENDA
JANUARY 17,2006
Corpus Christi
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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)
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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
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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
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EXISTING ENTRY POINT
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PROPOSED ENTRY
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PROJECT ENTRY LOCATION
SCALE: '.=60'
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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
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PROPOSED DRILL ENTRY .
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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
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Eng: Murray F Hudson
By: D.DR
A. SANITARY SEWER IMPROVEMENTS:
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$28.00
$30.15
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$6.25
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$2,600.00
$3,000.00
$750.00
$440.00
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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
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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
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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
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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
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Scale: N.T.S.
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BRIGHTON PARK BAPTIST CHURCH
WATERLINE REIMBURSEMENT
II Exhibit B II
Page 1 of 1
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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
. Survey
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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
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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.
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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
~ -
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.- not allow duplex uses.
~ ~
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~ 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.
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. 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.
.
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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
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~ Del1lal uC"A13" l'rok:-,siulul (ltllcc Dlstnct and In liell thereof, approval of a "R-2" Multiple
~ DweU10g Distnct.
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~ fhe applicant is agreeable to the "R-2" Multiple Dwl'llll1g DIstrict rL'l.On1l1g.
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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
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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
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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
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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
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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.
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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
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Zoning Existing Land Use Future Land Use
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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
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· 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.
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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
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! Undeveloped
Arterial
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_-____.____.._ _____ .___ .__.1____
LOllmg Report
Case [\u. 120S-02 i Yurkto\VIl (}so JlllIll \ eIltllIl' i
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:.. E Subject prtlperty IS platted
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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.
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.S .~ -g ! Approval of the "R-lB" Distnct with a Special Permit for the following block and lot numbers;
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= e E i Bock 2. Lots 7,11, Land 13, Block 3, Lot 1 and Block 5, Lot 5.
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-= ~ ! Number of Notices Mailed: 6
5'C: I Favor: 0
E ~ ,I Opposition: 0
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Zoning Map
Plat
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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
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A-1A Apartment House Dlstriel
8-4 General Business District
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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
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LOCA 11 ON MAP N. T.5.
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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
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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.
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\lll'hal,j,\ (illnnmt!, .\ICP
\~~Istallt ] )lrl'l'tor of I kvclopment SerVices
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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
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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
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cr- Vacant Multi-family,
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Area Development Plan: Southslde
Map No.: 041029
Zoning Violations: None
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· 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.\
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) 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)
:$
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0:: Yorktown Artenal 80' R.O.W wi 20 ft 3,440 ADT
..... Boulevard pavement
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..... Rodd Field Artenal 100' R.O.W. wi 20 ft 5,020 ADT
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· 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,
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Page' 3
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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
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1-3 Heavy Industrial District
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AT A.patmenI-Touist District
AB Pw-oNssionelll Office District
B-6 Prim.ry Business District
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250
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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
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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
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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
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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.
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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 .
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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
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:; .S I Area Development Plan: Northwest
~ ~ .! I' Map No.: 061050
~ .S Zoning Violations: None
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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
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· 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
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. 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.
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neighborhood by not allowing certain impactive uses such as bars, auto repair shops, etc.
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Attachment: Aerial Photo
Zoning Map
Site Plan
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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
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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
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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
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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.
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~ 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
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,\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
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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.
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'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.
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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.
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! 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
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, Dwelling District
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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
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... - Map No.: 043032
~ ~ Zoning Violations: None.
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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).
~
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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
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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)
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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
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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. The
department receives the support of the Corpus Christi Human Relations Commission
(CCHRC) in review and approval of legal process steps.
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19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: First Quarter Report of the Health Benefit/Risk Management Fund
STAFF PRESENTER(S):
Name
1. Cynthia C. Garcia
2.
3.
Title/Position Department
Director of Human Resources Human Resources
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1.
2.
ISSUE: Because of the unpredictability and fluctuation of the activity in Health
Insurance, Workers Compensation, and General Liability, the Council has asked for
quarterly presentations of incurred costs, and amounts paid in the Health Benefits/
Risk Management Fund.
BACKGROUND: Staff has been making quarterly presentations to the Council
for 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
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450
400
~.
350
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"0
0 200
150
100
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I
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_.._. +------
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: ----~
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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
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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
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