HomeMy WebLinkAboutAgenda Packet City Council - 03/21/2006
CITY COUNCIL AGENDA
MARCH 21, 2006
Corpus Christi
AI-llllerica CiIV
11"45 A.M. - Proclamation declaring March 22,2006 as "Mayors for Meals Day"
Proclamation declaring April 21, 2006 as "Relay for Life"
Proclamation declaring the month of March as "Irish History Month"
Proclamation declaring the month of March as "National Social Workers Awareness Month"
Proclamation declaring the month of March as "Supply Management Month"
Proclamation declaring the month of March as "Women's History Month"
Commendations: Angelica Benavides, Desiree Cantu, Kayla Gonzales and Bianna Johnston - Girls Scout Troop 6044
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MARCH 21, 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 361-826-3105) 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 Priest Anantha KaJyana Kumar Paramkusam, Sri Venkateswara
Temple.
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
Agenda
Regular Council Meeting
March 21, 2006
Page 2
E MINUTES:
1 Approval of Regular Meeting of February 28, 2006. (Attachment
# 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2
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Building Standards Board
Leadership Committee for Senior Services
Mechanical/Plumbing Advisory Board
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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)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 21,2006
Page 3
3 Motion approving a supply agreement with Marshall J. Brown
Company, of Stafford, Texas for approximately 48 ball valves
ranging in size from 2" to 8" in accordance with Bid Invitation No.
BI-0079-06, based on only bid for an estimated annual
expenditure of $27,375. The term of the contract will be twelve
months with an option to extend for up to two additional twelve
month periods, subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the Gas
Department in FY 2005-2006. (Attachment # 3)
4.. Motion approving the purchase of playground equipment from
Gametime Total Recreation, of Cypress, Texas for the total
amount of $44,153.15. The award is based on the cooperative
purchasing agreement with the Texas Local Government
Cooperative. The Parks and Recreation Department will place
these items in five local parks. Funds are available through the
Parks and Recreation Capital Improvement Program Fund.
(Attachment # 4)
5. Motion approving the purchase of playground equipment from
Childs Play, Inc., of Dallas, Texas for the total amount of$26,950.
The award is based on the cooperative purchasing agreement
with the Texas Local Government Cooperative. The Parks and
Recreation Department will place these items in Sillish Park.
Funds are available through the Parks and Recreation Capital
Improvement Program Fund. (Attachment # 5)
6. Motion approving a supply agreement with Bay, Ltd., of Corpus
Christi, Texas for approximately 10,000 tons of hot mix asphalt-
type D in accordance with Bid Invitation No. BI-0093-06 based on
low bid for an estimated semi-annual expenditure of $476,900.
The term of the agreement shall be for six months with an option
to extend for up to four additional six month periods, subject to
the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by Street Services in FY
2005-2006. (Attachment # 6)
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PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
March 21, 2006
Page 4
7 Motion approving the purchase of an audio video system for the
Police Department executive conference room from Visual
Innovations Company, Inc. ,of San Antonio, Texas in accordance
with the State of Texas Cooperative Purchasing Program for a
total amount of $36,668.03. Funds are available from the Police
Department Justice Assistance Grant. (Attachment # 7)
8.a. Ordinance appropriating $146,524.60 from the State Homeland
Security Grant Program in Fire Grants Fund No. 1062 for the
purchase of a building access and security system for City Hall,
the Police Administration Building and the Marina. (Attachment
# 8)
8b. Motion approving the purchase of two new security systems and
an upgrade to the City Hall security system from Total Protection
Systems, of Corpus Christi, Texas for a total amount of
$146,524.60. The award is based on the cooperative purchasing
agreement with the State of Texas. Two new security systems
will be installed at the Police Department and Marina. Funds are
available from the State Homeland Security Grants Program.
(Attachment # 8)
9.a. Resolution authorizing the City Manageror his designee to accept
a grant from the Texas Department of Public Safety in the amount
of $13,000 for hazardous materials emergency preparedness
planning activities in the No.1 062 Fire Grants Fund. (Attachment
# 9)
9.b. Ordinance appropriating $13,000 from the Texas Department of
Public Safety in the No. 1062 Fire Grants Fund for hazardous
materials emergency preparedness planning activities.
(Attachment # 9)
10. Resolution amending Resolution 026649 which approved
submission of a grant from the State of Texas, Criminal Justice
Division for Year 7 funding available from the Victims of Crime Act
Fund for the Police Department Family Violence Unit, adding that
in the event of the loss or misuse of the funds, the City of Corpus
Christi assures that the funds will be returned in full to the State
of Texas, Office of the Governor, Criminal Justice Division.
(Attachment # 10)
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agenda summary)
Agenda
Regular Council Meeting
March 21, 2006
Page 5
11 Resolution authorizing the submission of a grant application in the
amount of $113,674 to the State of Texas, Criminal Justice
Division for Year 7 funding available under the Violence Against
Women Act (V AWA) Fund for the Police Department's Family
Violence Unit with a City match of $27,611, $10,320 in-kind
services, for a total project cost of $151 ,605 and authorizing the
City Manager or his designee to apply for, accept, reject, alter or
terminate the grant. (Attachment # 11)
12. Ordinance appropriating $33,841.99 from the State of Texas in
the No. 1061 Police Grants Fund - Law Enforcement Officer
Standards and Education for training of police personnel and
purchase of training equipment. (Attachment # 12)
13. Ordinance appropriating $28,242.50 from the sale of seized
vehicles in the NO.1 061-821 005 Fund for purchase of equipment
and training of police officers. (Attachment # 13)
14.a. Resolution authorizing the City Manageror his designee to accept
an amendment to a grant from the Department of State Health
Services in the amount of $50,000 for personnel costs and other
expenses relating to a plan for responding to an act of terrorism.
(Attachment # 14)
14.b. Ordinance appropriating an amendment to a grant from the
Department of State Health Services in the amount of $50,000 in
the No. 1066 Health Grants Fund for personnel costs and other
expenses relating to a plan for responding to an act of terrorism.
(Attachment # 14)
15.a. Resolution authorizing the City Manager or his designee to accept
a grant from the Texas Commission of the Arts in the amount of
$1,835 in the NO.1 067 Arts and Cultural Commission Grant Fund
for the Festival of the Arts. (Attachment # 15)
15.b. Ordinance appropriating a $1,835 grant from the Texas
Commission of the Arts in the No. 1067 Arts and Cultural
Commission Grant Fund for the Festival of the Arts. (Attachment
# 15)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
March 21,2006
Page 6
16.a. Ordinance appropriating $294,000 from the Texas Department of
Family and Protective Services in the NO.1 060 Community Youth
Development Fund for the Community Youth Development
Program in the 78415 ZIP Code for FY 2005-2006, Contract
Period March 1, 2006 through August 31, 2006. (Attachment
# 16)
16.b. Motion authorizing the City Manager or his designee to execute
a subcontract with Communities in Schools, Corpus Christi, Inc.
in the amount of $153,713 to provide services for youth ages 5 to
17 in the 78415 ZIP Code. (Attachment # 16)
16.c. Motion authorizing the City Manager or his designee to execute
a subcontract with the Corpus Christi Housing Authority in the
amount of $10,614 to provide services for youth ages 6 to 17 in
the 78415 ZIP Code. (Attachment # 16)
16.d. Motion authorizing the City Manager or his designee to execute
a subcontract with Corpus Christi Teen Court in the amount of
$12,139 to provide services for youth ages 11 to 17 in the 78415
ZIP Code. (Attachment # 16)
16.e. Motion authorizing the City Manager or his designee to execute
a subcontract with Planned Parenthood of South Texas in the
amount of $13,208 to provide services for youth ages 12 to 17 in
the 78415 ZIP Code. (Attachment # 16)
16. f. Motion authorizing the City Manager or his designee to execute
a subcontract with the YMCA of Corpus Christi in the amount of
$27,567 to provide services for youth ages 14 to 17 in the 78415
ZIP Code. (Attachment # 16)
16.g. Motion authorizing the City Manager or his designee to execute
a subcontract with Youth Odyssey in the amount of $16,507 to
provide services for youth ages 12 to 17 in the 78415 ZIP Code.
(Attachment # 16)
17 Resolution authorizing the City Manager or his designee to submit
a grant application to the Texas Department of Transportation in
the amount of $967,535 for construction of the Hike and Bike
Trail along the Schanen drainage ditch to the Oso Parkway and
extending to the Botanical Gardens and Nature Center, with a
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
March 21,2006
Page 7
City match of $194,507 in the Community Enrichment Fund, from
park accounts whose impact area fall within the proposed trail
route. (Attachment # 17)
18. Motion authorizing the appointment of an ad hoc peer panel to
the Arts and Cultural Commission, consisting of arts professionals
and community peers to make recommendation for Northwest
Library Expansion and Renovation "Percent for Art" Project.
(Attachment # 18)
19.a. Resolution authorizing the City Manager or his designee to
execute a $10,000 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to
develop a Community Media Outreach Campaign for the City's
Anti-Litter Ordinance. (Attachment # 19)
19.b. Ordinance appropriating $10,000 from the Coastal Bend Council
of Governments in the No. 1051 Solid Waste Grants Fund to
develop a Community Media Outreach Campaign for the City's
Anti-Litter Ordinance. (Attachment # 19)
19.c. Resolution authorizing the City Manager or his designee to
execute a Solid Waste Grant Interlocal Cooperation Agreement
with the Coastal Bend Council of Governments in the amount of
$10,380 for salary for a third year of grant funding for an Assistant
Compliance Officer. (Attachment # 19)
19.d. Ordinance appropriating $10,380 from the Coastal Bend Council
of Governments in the No. 1051 Solid Waste Grants Fund for
salary for a third year of grant funding for an Assistant
Compliance Officer. (Attachment # 19)
19.e. Resolution authorizing the City Manager or his designee to
execute a Solid Waste Grant Interlocal Cooperation Agreement
with the Coastal Bend Council of Governments in the amount of
$4,500 to pay for disposal of scrap tires collected during the City's
Neighborhood Initiative Program. (Attachment # 19)
19.f. Ordinance appropriating $4,500 from the Coastal Bend Council
of Governments in the NO.1 051 Solid Waste Grants Fund to pay
for disposal of scrap tires collected during the City's
Neighborhood Initiative Program. (Attachment # 19)
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PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
March 21. 2006
Page 8
19.9. Resolution authorizing the City Manager or his designee to
execute a Solid Waste Grant Interlocal Cooperation Agreement
with the Coastal Bend Council of Governments in the amount of
$20,000 to purchase new collection units for used-oil and HHW
storage modules for the new CollectionlTransfer Station at the
J. C. Elliott Landfill. (Attachment # 19)
19.h. Ordinance appropriating $20,000 from the Coastal Bend Council
of Governments in the No. 1051 Solid Waste Grants Fund to
purchase new collection units for used-oil and HHW storage
modules for the new CollectionlTransfer Station at the J. C. Elliott
Landfill. (Attachment # 19)
20. Motion authorizing the City Manager or his designee to execute
a Right-of-Way and Utility Easement instrument with Ronald S.
Herndon and wife, Karen L. Herndon, for the acquisition of Parcel
503 in the total amount of $86,135, containing a Utility, Right-of-
Way, and Temporary Construction Easement, necessary for the
Southside Water Transmission Main, Phase 5, Project #8391 ,and
for other municipal purposes. (Attachment # 20)
21 Motion authorizing the City Manager or his designee to execute
a Right-of-Way and Utility Easement instrument with the Corpus
Christi Riding Center, Inc., for the acquisition of Parcel 529 in the
total amount of $62,100, containing a Utility, Right-of-Way, and
Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 5, Project #8391, and for other
municipal purposes. (Attachment # 21)
22. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement between the City
of Corpus Christi and Del Mar College to provide Small Business
assistance and administration through August 31, 2006.
(Attachment # 22)
23.a. Ordinance appropriating $1,146,544.86 in the City funds on the
attached schedule from the Federal Emergency Management
Agency for payroll and other expenses incurred by the City of
Corpus Christi related to providing assistance to Hurricane
Katrina evacuees; amending FY 2005-2006 budget adopted by
Ordinance No. 026385 to increase estimated revenues and
appropriations by $1,146,544.86 each. (Attachment # 23)
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Regular Council Meeting
March 21, 2006
Page 9
23.b. Ordinance appropriating $178,394.90 in Fund 1020 General Fund
from the Federal Emergency Management Agency for expenses
incurred by outside contractors related to providing assistance to
Hurricane Katrina evacuees; amending FY 2005-2006 budget
adopted by Ordinance No. 026385 to increase estimated
revenues and appropriations by $178,394.90 each. (Attachment
# 23)
23.c. Ordinance appropriating $25,254.94 in Fund 1020 General Fund
from the Federal Emergency Management Agency for
administrative services performed relating to the assistance
rendered regarding Hurricane Katrina evacuees; amending FY
2005-2006 budget adopted by Ordinance No. 026385 to increase
estimated revenues and appropriations by $25,254.94 each.
(Attachment # 23)
23.d. Ordinance appropriating $96,414.77 in Fund 1020 General Fund
from the Federal Emergency Management Agency for housing
costs provided relating to the assistance rendered regarding
Hurricane Katrina evacuees; amending FY 2005-2006 budget
adopted by Ordinance No. 026385 to increase estimated
revenues and appropriations by $96,414.77 each. (Attachment
# 23)
23.e. Ordinance appropriating $200,090.61 in Fund 1020 General Fund
from anticipated funding from the Federal Emergency
Management Agency for housing provided related to the
assistance rendered regarding Hurricane Katrina evacuees;
amending FY 2005-2006 budget adopted by Ordinance No.
026385 to increase estimated revenues and appropriations by
$200,090.61 each. (Attachment # 23)
24.a. Ordinance appropriating $32,063.77 in the City funds listed on the
attached schedule from the Federal Emergency Management
Agency for payroll and other expenses incurred by the City of
Corpus Christi related to providing assistance to Hurricane Rita
evacuees; amending FY 2005-2006 budget adopted by
Ordinance No. 026385 to increase estimated revenues and
appropriations by $32,063.77 each. (Attachment # 24)
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Regular Council Meeting
March 21 , 2006
Page 10
24.b. Ordinance appropriating $43,197.17 in Fund 1020 General Fund
from the Federal Emergency Management Agency for expenses
incurred by outside contractors related to providing assistance to
Hurricane Rita evacuees; amending FY 2005-2006 budget
adopted by Ordinance No. 026385 to increase estimated
revenues and appropriations by $43,197.17 each. (Attachment
# 24)
24.c. Ordinance appropriating $2,257.83 in Fund 1020 General Fund
from Federal Emergency Management Agency for administrative
services performed relating to the assistance rendered regarding
Hurricane Rita evacuees; amending FY 2005-2006 budget
adopted by Ordinance No. 026385 to increase estimated
revenues and appropriations by $2,257.83 each. (Attachment
# 24)
25. Ordinance abandoning and vacating a 330-square foot portion of
a 5-foot wide utility easement out of Lot D, Gardendale Gin Tract;
located approximately 168 feet west of South Staples Street right-
of-way; subject to compliance with the specified conditions.
(Attachment # 25)
26. Ordinance abandoning and vacating a 325-square foot portion of
a 15-foot wide utility easement out of Lot 13, Block 1, Queen's
Crossing Unit 1; located at 6550 Picante Street, approximately 75
feet west of the Salsa Drive and Picante Street intersection;
subject to compliance with the specified conditions. (Attachment
# 26)
27
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Alpheus
Communications, for the right to install, operate, repair, replace,
and maintain approximately 39-linear feet of a private 4-inch
HDPE conduit with fiber optic cable within the northern portion of
the Leopard Street and North Carancahua Street intersection;
establishing a fee of $608.50. (Attachment # 27)
28. Ordinance granting a time extension of one year for a Special
Permit for an Event Center in an "R-1 C" One-family Dwelling
District, Lots 2 and 12, Block 1, Tyler Subdivision, located
approximately 400 feet north of Laguna Shores Drive between
Wyndale Drive and Claudia Drive. (Attachment # 28)
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Agenda
Regular Council Meeting
March 21,2006
Page 11
(RECESS REGULAR COUNCIL MEETING)
I. MEETING OF CITY CORPORATION:
29. CORPUS CHRISTI COMMUNITY IMPROVEMENT
CORPORATION: (Attachment # 29)
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
REGULAR MEETING
Date:
Tuesday, March 21,2006
Time:
During the meeting of the City Council beginning at
10:00 a.m.
Location:
City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
1 . President Rex Kinnison calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Rex A. Kinnison, Pres.
Brent Chesney, Vice Pres.
Melody Cooper
Jerry Garcia
Henry Garrett
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance Sanchez, Asst. Treasurer
3. Approve Minutes of October 18, 2005 and November 8,
2005.
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Regular Council Meeting
March 21, 2006
Page 12
4. Approval of and authorization for the conversion of a
previously awarded $150,000 grant of HOME funds to the
Housing Authority of the City of Corpus Christi for the
Sea breeze Senior Apartment Complex from a grant to a
ten year loan under terms and conditions approved by the
Corpus Christi Community Improvement Corporation.
5. Public Comment.
6. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
J. PUBLIC HEARINGS:
ZONING CASES:
30. Case No. 0206-01. Southcoro Realty Advisors. Inc.: A change
in zoning from a "B-1" Neighborhood Business District to a "B-3"
Business District. The property being 2.806 acres out of Lot 17,
Forest Park Addition 2, located along Buffalo Street and 200 feet
east of Nueces Bay Boulevard. (Attachment # 30)
Planning Commis~ion and Staffs Recommendation: Approval
of the "B-3" Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Southcorp
Realty Advisors, Inc., by changing the zoning map in reference to
2.806 acres out of Lot 17, Forest Park Addition 2, located along
Buffalo Street and 200 feet east of Nueces Bay Boulevard, from
"B-1" Neighborhood Business District to "B-3" Business District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
31. Case No. 0206-03. N.P. Homes: A change in zoning from a "F-
R" Farm-Rural District to a "R-1 B" One-family Dwelling District.
The property being 20 acres, Lot 18, Section 27, Flour Bluff and
Encinal Farm and Garden Tracts, located 600 feet southeast of
the intersection of Wooldridge Road and Rodd Field Road.
(Attachment # 31)
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Regular Council Meeting
March 21,2006
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Planning Commission and Staffs Recommendation: Approval
of a "R-1 B" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by N. P.
Homes, by changing the zoning map in reference to 20 acres out
of Lot 18, Section 27, Flour Bluff and Encinal Farm and Garden
Tracts, located 600 feet southeast of the intersection at
Wooldridge Road and Rodd Field Road, 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.
32. Case No. 0106-08. Staples Development. LLC: A change of
zoning from a "F-R" Farm-Rural District to a "B-4" General
Business District on Tract 1 and "F-R" Farm-Rural District to a "R-
1 C" One-family Dwelling District on Tract 2 resulting from Tract 1-
agricultural use to commercial development; Tract 2 - from
agricultural use to single family residences on lots with a
minimum area of 4,500-square feet. The property is located at
Tract 1 being 4.48 acres and Tract 2 being 16.16 acres out of
Nueces River Irrigation Park Annex No.2, located north of
Northwest Boulevard and 225 feet east of Trinity River Drive/FM
1889. (Tabled 02/28/06) (Attachment # 32)
Planning Commission and Staffs Recommendation: Tract 1 -
Approval of the "B-4" General Business District along the front
area of the subject property and denial of the "B-4" General
Business District along the rear 50 feet of the property and in lieu
thereof, approval of a "B-1A" Neighborhood Business District
along the rear 50 feet of the subject property. Tract 2 - Approval
of the "R-1 C" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Staples
Development, LLC, by changing the zoning map in reference to
3.680 acres out of the Nueces River Irrigation Park Annex No.2,
from "F-R" Farm Rural to "B-4" General Business District with a
0.801 acre 50 foot "B-1A" Buffer to the rear on Tract 1 and 16.16
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Regular Council Meeting
March 21, 2006
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acres from "F-R" Farm Rural to "R-1C" One-family Dwelling
District on Tract 2; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
33 Case No. 0206-02. Chili Pepoer Properties. Inc.. Gary Cadena.
and Timothy Lawson: A change in zoning from a "R-1 B" One-
family Dwelling District to an "A-2" Apartment House District. The
property being 11.4 acres out of West's Laguna Madre Place
Tract A, Lots 1-5, Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and
8-11, Tract 15 (replat), Laguna Madre Acres Tracts 13 and 14,
Volume 1363, Page 449, located west of Laguna Shores Road
and McNelly Street intersection and south of Glenoak Drive.
(Attachment # 33)
Planning Commission and Staffs Recommendation: Approval of
an "A-2" Apartment House District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Chili
Pepper Properties, Inc., by changing the zoning map in reference
to 11.4 acres out of West's Laguna Madre Place, Tract A, Lots 1-
5, Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15
(Replat), Laguna Madre Acres Tracts 13 and 14, Volume 1363,
Page 449, from "R-1 B" One-family Dwelling District to "A-2"
Apartment House District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
34. Corpus Christi Regional Economic Development Corporation
Quarterly Report (Attachment # 34)
35. Regional Transportation Authority Fare Study and Fare
Recommendations (Attachment # 35)
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Regular Council Meeting
March 21,2006
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L.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
36. Motion appointing five members of the City Council to serve on
the Local Government Fare Review Committee. (Attachment
# 36)
ITEM TO BE CONSIDERED AT 1:30 P.M.:
37 First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 10, Beachfront Management and
Construction, regarding the elimination of vehicular traffic on the
beach seaward of the Padre Island seawall and between
Packery Channel and Padre Balli Park; the direction of travel
between Whitecap Boulevard and Padre Balli Park; establishing
and regulating Pedestrian Safe Beach; establishing a Pedestrian
Safe area; ordering a Special Election to be held on November 7,
2006, in the City of Corpus Christi on the question of amending
the Charter of the City of Corpus Christi to provide for restriction
of vehicular access to the public beach after approval in a public
referendum; providing for procedures for holding such election;
providing for notice of election and publication thereof; providing
for establishment of branch early polling places; designating
polling place locations; authorizing a joint election with Nueces
County; and enacting provisions incident and relating to the
subject and purpose of this ordinance; providing for penalties;
providing for severance; directing the City Manager to process
any changes to the Comprehensive Plan, other plans, or
ordinances to make such consistent with this ordinance; providing
for publication; and providing for the effective date of the sections
of this ordinance. (Attachment # 37)
M. 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.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 21,2006
Page 16
(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 Iimitado, habra un inter prete
ingles-espaflol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N. 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.
38. Executive session pursuant to Texas Government Code, Section
551.074, Personnel Matters to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or
dismissal of Municipal Court Judge John Rank with possible
action related thereto in open session.
O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 21,2006
Page 17
39 CITY MANAGER'S REPORT
*
Upcoming Items
40" MAYOR'S UPDATE
41. COUNCIL AND OTHER REPORTS
P. 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 .3:00 p.m., March 17, 2006.
~
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 morni"g.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
February 28,2006 -10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem 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 Mark Behrendt of the Galilean Lutheran Church
and the Pledge of Allegiance to the United States flag was led by Council Member Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of
February 21, 2006. A motion was made, seconded, and passed to approve the minutes as
presented
* * * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointment was made:
Corpus Christi Convention and Visitors Bureau
Ed Persall (Appointed)
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 3 - 25). City
Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion
on Items 6 and 22. Council members requested that Items 10 and 11 be pulled for individual
consideration. There were no comments from the public.
A motion was made, seconded, and passed to approve Items 3 through 25, constituting
the consent agenda, except for Items 10 and 11, which were pulled for individual consideration.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
February 28, 2006 - Page 2
3. MOTION NO. 2006-047
Motion approving the purchase of 38 police package sedans in accordance with Bid
Invitation No. BI-0086-06 from Champion Ford, of Corpus Christi, Texas based on low
bid for a total of $807,424. All units are replacements. Funding is available from the FY
2005-2006 Capital Outlay Budget in the Maintenance Services and Crime Control and
Prevention Fund.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
4 MOTION NO. 2006-048
Motion authorizing the City Manager or his designee to execute a contract with Cingular
Wireless, of Atlanta, Georgia for cellular telephone and data device services in
accordance with Request for Proposal Number BI-0159-05 for an estimated annual
expenditure of $371,401.80 of which $154,750.75 is budgeted for FY 2005-2006. The
term of the contract will be for twelve months with an option to extend for up to two
additional twelve-month periods subject to the approval of the supplier and the City
Manager or his designee. This service will be used by all City departments requiring
cellular and data device services. Funds have been budgeted by the using departments
in FY 2005-2006 and will be requested for FY 2006-2007.
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. 2006-049
Motion approving a supply agreement with Apollo Towing, of Corpus Christi, Texas for
wrecker service for category 1 and 2 type vehicles in accordance with Bid Invitation No.
BI-0092-06 based on best value for an estimated annual expenditure of $61,897.50.
The term of the contract will be for twelve months with an option to extend for up to two
additional twelve-month periods subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by Maintenance Services and the
Fire Department in FY 2005-2006.
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
February 28, 2006 - Page 3
6 MOTION NO. 2006-050
Motion approving the purchase of fourteen (14) pickup trucks and eight (8) vans and the
lease purchase of four (4) pickup trucks from the following companies, for the following
amounts, in accordance with Bid Invitation No. BI-0062-06, based on low bid and low bid
meeting specifications for a total amount of $506,288.61. The vehicles will be
purchased for Aviation, General Services, Municipal Information Systems (MIS), Police,
Storm Water, Water and the Wastewater Departments. Twenty-five of the vehicles are
replacements and one vehicle is an addition to the fleet. Funding for the purchase of
vehicles is available in the Capital Outlay Budgets of the Aviation Fund, Municipal
Information Systems (MIS) Fund and Maintenance Services Fund. Funds for the lease
purchase of vehicles are available in the Water Fund.
Access Ford, L TO
Corpus Christi, TX
Bid Items 2,3,4,9.
10. 12, 13, 14, 15,
16,17
$307,640
Champion Ford
Corpus Christi, TX
Bid Items 1,5,6,7,
11, 18
$178,942
Allen Samuels Chevrolet
Corpus Christi, TX
Bid Items 8
$19,706.61
Grand Total: $506,288.61
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola
abstained.
"7 MOTION NO. 2006-051
Motion approving the purchase of two (2) diesel powered water pumps from Godwin
Pumps of America, Inc., of Bridgeport, New Jersey in accordance with Bid Invitation No.
BI-0099-06, based on low bid for a total amount of $60,930. The pumps will be used by
the Wastewater Department. Funds have been budgeted by the Wastewater
Depart'llent in FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.a. RESOLUTION NO. 026653
Resolution authorizing the City Manager or his designee to execute an Interlocal
Agreement between the City of Corpus Christi and Nueces County to establish terms for
the sharing of the 2006 Byrne Justice Assistance Grant (JAG) Program Award.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
February 28, 2006 - Page 4
8.b. RESOLUTION NO. 026654
Resolution authorizing the City Manager or his designee to submit a grant application in
the amount of $159,671 to the United States Department of Justice, Bureau of Justice
Assistance, for funding eligible under the FY 2006 Edward Byrne Memorial Justice
Assistance Grant, 50% of the funds to be distributed to Nueces County under the
established Interlocal Agreement. Grant funds will be used for the enhancement of law
enforcement efforts by the Police Department and Nueces County.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
9 RESOLUTION NO. 026655
Resolution authorizing the submission of a grant application in the amount of $50,000 to
the State of Texas, Texas Alcoholic Beverage Commission, for the funding of overtime
to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol,
and provide for an educational program with a City cash match of $14,500, and an in-
kind contribution of $2,300, for a total project cost of $66,800, and authorizing the City
Manager or his designee to apply for, accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
12. MOTION NO. 2006-054
Motion authorizing the City Manager or his designee to execute an agreement with the
law firm Linebarger, Goggan, Blair & Sampson, LLP, to collect outstanding court fines
and fees on behalf of the City.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
13.a. MOTION NO. 2006-055
Motion authorizing the City Manager or his designee to approve a Renewal for Standard
Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of
$301,401.60 for twelve (12) months PeopleSoft software maintenance and support for
Asset Management, Accounts Payable, Benefits Admin, Budgeting, General Ledger,
Human Resources, Inventory, Projects, Purchasing, Payroll, Time and Labor Public
Sector software based on sole source.
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
February 28, 2006 - Page 5
13.b. MOTION NO. 2006-056
Motion authorizing the City Manager or his designee to approve a Renewal for Standard
Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of
$38,740 for twelve (12) months PeopleSoft software maintenance and support for
eDevelopment, eCompensation, eBenefits, eProfile, eRecruit, and ePay software based
on sole source.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
13.c. MOTION NO. 2006-057
Motion authorizing the City Manager or his designee to approve a Renewal for Standard
Maintenance with Oracle Corporation, of Redwood Shores, California in the amount of
$27,352.05 for twelve (12) months Oracle software maintenance and support for eProfile
Manager Desktop, eCompensation Manager Desktop, Resume Processing, and Talent
Acquisition Manager software based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
14. MOTION NO. 2006-058
Motion authorizing the City Manager or his designee to procure 400 licenses and
professional services from Kronos, Inc., of Chelmsford, Maryland in an amount not to
exceed $40,875 to be used by the Fire Department. Kronos is the standard time
keeping system utilized by the City.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
15. MOTION NO. 2006-059
Motion authorizing the City Manager or his designee to procure twenty software licenses
and portable printers from Advanced Public Safety (APS), of Deerfield Beach, Florida in
an amount not to exceed $76,518. The PocketCitation application will enable police
officers to issue tickets electronically in the field.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16. MOTION NO. 2006-060
Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of
$142,606 for Homeland Security Improvements at Wastewater Treatment Plants and
Wastewater Equipment Yard.
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
February 28, 2006 - Page 6
17.a. ORDINANCE NO. 026657
Ordinance appropriating $944,839 from the unappropriated interest earnings from
Wastewater 1995A Capital Improvement Program Fund 4242; for the City-Wide
Infiltration Related Collection System Enhancement Program; amending Capital Budget
adopted by Ordinance No. 026188 by increasing appropriations by $944,839.
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"
17.b. MOTION NO. 2006-061
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Brown and Caldwell, of Austin, Texas in the
amount of $944,839, for a total re-stated fee of $969,789, for City-Wide Infiltration
Related Collection System Enhancement Program.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
18. MOTION NO. 2006-062
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to a
contract with Freese & Nichols, Inc., of Fort Worth, Texas in the amount of $65,000 for
engineering services for the fifth year of a Five Year Inspection and Monitoring Program
at Wesley Seale Dam.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
19. MOTION NO. 2006-063
Motion authorizing the City Manager or his designee to execute a Right-of-Way
Easement containing 1.089 acres and a Utility Easement containing .294 acres, both
located at the southeast corner of the Yorktown Boulevard and Cimarron Boulevard
intersection, from the owners Robert J. Gonzalez and wife, Carrie L. Gonzalez, in the
total amount of $182,200, both necessary for the Cimarron Boulevard Street
Improvement Project (#6262), Phase 2, Bond 2004 and for other municipal purposes.
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
February 28, 2006 - Page 7
20. MOTION NO. 2006-064
Motion authorizing the City Manager to execute a Deferment Agreement with Kelly Pharr
Investors, L TD, (Developer), in the amount of $98,100.20 for the installation of water,
wastewater, and storm sewer public improvements to serve Brookhaven Subdivision
Block 8, Lots 2 and 3, located east of U. S. Highway No. 77 and south of Brookhaven
Drive, in accordance with the Platting Ordinance Section V-Required Improvements,
Subsection A.3 (b).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
21 ORDINANCE NO. 026658
Ordinance authorizing the resale of ten (10) properties which were foreclosed upon for
failure to pay ad valorem taxes, for $51,800 of which the City shall receive $6,103.30,
plus $12,517.13 for partial payment of City paving and demolition liens.
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".
22. ORDINANCE NO. 026659
Authorizing the City Manager or his designee to execute Lease No. DTFASW-06-L-
00118 with the Federal Aviation Administration for 2.8747 acres of land located at the
Corpus Christi International Airport, for a term ending on September 30, 2025, for the
construction and operation of a Digital Airport Surveillance Radar (DSAR-11) site. (First
Reading 01/31/06)
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
23. ORDINANCE NO. 026660
Amending Chapter 2, Administration, Code of Ordinances, City of Corpus Christi, to
disestablish the Storm Water Management Advisory Committee. (First Reading
02/21/06)
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".
Minutes - Regular Council Meeting
February 28, 2006 - Page 8
24.a. ORDINANCE NO. 026661
Abandoning and vacating a parcel of unimproved street right-of-way containing
4, 169.05-square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east
corner of the Wooldridge Road and Airline Road intersection, in connection with the
Wooldridge Road Street Improvement Project, Phase 2 - Airline to Rodd Field, Project
6266 (Bond 2004). (First Reading 02/21/06)
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"
24.b. ORDINANCE NO. 026662
Declaring as surplus property a parcel of land containing 4, 169.05-square feet out of Lot
1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road
and Airline Road intersection, in connection with the Wooldridge Road Street
Improvement Project, Phase 2 - Airline to Rodd Field, Project 6266 (Bond 2004). (First
Reading 02/21/06)
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"
24.c. ORDINANCE NO. 026663
Approving the conveyance of a parcel of surplus property containing 4,169.05-square
feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the
Wooldridge Road and Airline Road intersection to the adjacent property owner in
exchange for his/her perpetual maintenance of the property and as consideration for
partial payment towards an AEP electrical easement required for the street widening
project, and authorizing the City Manager or his designee to execute Special Warranty
Deeds for the property. (First Reading 02/21/06)
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".
25.a. ORDINANCE NO. 026664
Abandoning and vacating a parcel of unimproved street right-of-way containing
3,452.70-square feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located
on the northernmost corner of the Wooldridge Road and Airline Road intersection, in
connection with the Wooldridge Road Street Improvement Project, Phase 1 - South
Staples to Airline, Project 6267 (Bond 2004). (First Reading 02/21/06)
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"
Minutes - Regular Council Meeting
February 28, 2006 - Page 9
25.b. ORDINANCE NO. 026665
Declaring as surplus property a parcel of land containing 3,452.70-square feet out of Lot
1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the northernmost corner of
the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge
Road Street Improvement Project, Phase 1 - South Staples to Airline, Project 6267
(Bond 2004). (First Reading 02/21/06)
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"
25.c. ORDINANCE NO. 026666
Approving the conveyance of a parcel of surplus property containing 3,452.70 square
feet out of Lot 1, Block 3, Wooldridge Creek Unit 9 Subdivision, located on the
northernmost corner of the Wooldridge Road and Airline Road intersection to the
adjacent property owner in exchange for his/her perpetual maintenance of the property
and as consideration for partial payment towards an AEP electrical easement required
for the street widening project, and authorizing the City Manager or his designee to
execute Special Warranty Deeds for the property. (First Reading 02/21/06)
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".
Mayor Garrett opened discussion on Item 10 regarding a grant from the Lichtenstein
Foundation to establish a Spay and Neuter Clinic. Mr. Kinnison asked if staff had developed an
expenditure budget. Assistant City Manager Margie Rose replied staff had submitted a budget
to the foundation, which they approved. The City Manager would then review the budget and
submit to the Council soon. Mr. Kinnison asked if staff planned to expand the animal care
facility to accommodate the new clinic. City Manager Noe replied negatively, but noted that the
facility would need to be remodeled and new equipment purchased. Mr. Kinnison asked if siaff
had considered working cooperatively with local animal welfare organizations equipped with
similar facilities to save costs. City Manager Noe and Assistant City Manager Rose replied staff
could look into this over the next year. Mr. Kinnison stated that he would forward more
Information. City Secretary Chapa polled the Council for their votes as follows:
10 ORDINANCE NO. 026656
Ordinance appropriating a grant in the amount of $244,000 from the Morris L.
Lichtenstein, Jr. Foundation in the No. 1066 Health Grants Fund to establish a Spay and
Neuter Program
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 opened discussion on Item 11 regarding a Comprehensive Neighborhood
Needs Assessment for the Model Block Program. In response to Mr. Noyola's question,
Director of Neighborhood Services Yvonne Haag replied that staff was requesting the
appropriation of CDBG funds to cover costs for a consulting contract. The consulting firm, J.
Quad & Associates, would conduct a Comprehensive Neighborhood Needs Assessment to
Minutes - Regular Council Meeting
February 28, 2006 - Page 10
select a neighborhood for the Model Block Program. She said the assessment was being
funded with a portion of FY 2004 CDBG funds allocated for a Re-Development Specialist
position, which the city had been unable to fill. Mr. Noyola asked if staff ever planned to fill the
position. Assistant City Manager Margie Rose replied that the remaining portion of the funds
would be allocated for a Project Manager position, similar to the Re-Development Specialist, to
assist with the Model Block Program administration. City Secretary Chapa polled the Council
for their votes as follows:
11.a. MOTION NO. 2006-052
Motion authorizing the City Manager or his designee to amend the scope of work from
the FY04 Community Development Block Grant (CDBG) Re-Development Specialist
project to fund professional services for a consultant to conduct a Comprehensive
Neighborhood Needs Assessment for the Model Block Program.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11.b. MOTION NO. 2006-053
Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with J. Quad & Associates, of Dallas, Texas for a fee not to
exceed $28,050 for the preparation of a Comprehensive Neighborhood Needs
Assessment for the Model Block Program for the City of Corpus ChristL
The foregoing motion 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 26, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0106-04, Harry Womble: A change of zoning from an "A-1" Apartment House
District to an "AB" Professional Office District resulting in a change of land use from
medium density residential to office space. The property is located at the South End
West 2/3-Rds of W/2 of Lot 2Q, Block 2, located north of South Staples Street and South
of South Tancahua Street.
City Secretary Chapa stated that the Planning Commission and staff recommended the
approval of an "AB" Professional Office District.
No one spoke in opposition to the zoning change. Mr. Harry Womble spoke in favor of
the zoning change. Ms. Cooper 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
February 28, 2006 - Page 11
26. MOTION NO. 026667
Amending the Zoning Ordinance, upon application by Harry Womble, by changing the
zoning map in reference to 0.330 acres out of the south end West 2/3 Rds of W/2 of Lot
20, Block 2, from "A-1" Apartment House District to "AB" Professional Office District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
The foregoing motion 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 27, and a motion was made, seconded, and
passed to open the public hearing on the following zoning case:
Case No. 0106-07, K C Corpus Partners, L.P.: A change of zoning from a "B-1A"
Neighborhood Business District to a "B-1" Neighborhood Business District (provides for
limited neighborhood uses) to a Neighborhood Business District (provides for expanded
neighborhood uses). The property is at Northwest Estates Addition, Block 10, Lot 1,
located at the northeast intersection of Northwest Boulevard and Pinnacle Drive.
City Secretary Chapa stated the Planning Commission and staff recommended the
approval of the "B-1" Neighborhood Business District along the front portion of the subject
property and denial of the "B-1" Neighborhood Business District along the rear 50 feet of the
subject property.
Mayor Garrett asked for comments from the audience. Mr. Ivan Alvarez, a Northwest
Estates resident, spoke in support of the Planning Commission and staff's recommendation to
require "B-1A" Neighborhood Business District along the rear 50 feet of the subject property,
serving as a buffer for the residential area. He said the neighborhood also opposed any 24-
hour restaurant or gas station uses for the property.
Mr Kelly stated the developer had agreed to the neighborhood's terms because of the
low probability that a restaurant or filling station would be developed on the property. In
addition, Mr. Kelly stated that the "B-1A" zoning would require landscaping at rear of the
property, and the developer has agreed to use the same materials for the rear and front of the
building
Mr. Marvin Leary, representing Mr. Steven R. Troy, the property owner, stated that his
client was selling the subject property to K.C. Corpus Partners L.P. contingent upon the zoning
change. The developer, Ms. Kathy Hogan, met with the neighborhood association last
Thursday at 6:00 p.m. The residents, as Mr. Alvarez indicated, were opposed to a fueling
station use, and subsequently the buyer and the owner had agreed to include a deed restriction
prohibiting fueling station use. The developer was opposed, however, to any restriction on a 24-
hour business usage because it was highly unlikely that a fast food chain would open a
restaurant on the corner of a residential street, as the residents feared. He acknowledged,
however, that a restaurant with late hours operation or a Kinko's could lease space on the
property. In conclusion, he said the developer and owner had made reasonable concessions to
secure reasonable zoning on the subject property. He asked the Council to consider granting
the "B-1" zoning with the "B-1A" buffer at the rear of the property and a restriction on the fueling
station usage only.
Minutes - Regular Council Meeting
February 28, 2006 - Page 12
Assistant Director of Development Services Michael Gunning emphasized that the
Planning Commission and staff recommended the "B-1" zoning with a "B-1A" buffer in the rear
of the property, but the deed restrictions were negotiated directly between the property owner
and the developer. To ensure that the deed restrictions were in place, he said staff would not
publish the ordinance until they received documentation that the deed restrictions were filed.
Mr. Kelly asked if the city could require that the materials on the rear of the buildings
match the materials on the front of the building through a special permit. Mr. Gunning replied
that special permits were generally used to identify a specific use, and the Council had a great
deal of leeway on what other conditions they want to place on the special permit. He felt
comfortable that the developers would honor their commitment to the neighborhood. Mr. Kelly
replied he planned to make a motion to amend the ordinance to include a special permit
nonetheless, and he asked the developer to comment. Ms. Kathy Hogan, representing the
developer, responded that they planned a nice development that would use a stucco-like
material and brick on the rear of the building, comparable to the front of the building.
ML Kelly made a motion to close the public hearing, seconded by Ms. Cooper. Mr. Kelly
made a motion to amend the ordinance to include a Special Permit requiring that the rear of the
building in the "B-1" Neighborhood Business District be constructed of the same materials as
the front of the building or by the use of a stucco-like material, seconded by Ms. Cooper, and
passed. City Secretary Chapa polled the Council for their votes as follows:
27. ORDINANCE NO. 026668
Amending the Zoning Ordinance, upon application by KC Corpus Partners, L.P., by
changing the zoning map in reference to 3.180 acres out of the Northwest Estates
Addition, Lot 1, Block 10 from "B-1A" Neighborhood Business District to "B-1"
Neighborhood Business 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 as
amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison,
Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 28, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0106-08, Staples Development. LLC: A change of zoning from a "F-R" Farm-
Rural District to a "B-4" General Business District on Tract 1 and "F-R" Farm-Rural
District to a "R-1C" One-family Dwelling District on Tract 2 resulting from Tract 1-
agricultural use to commercial development; Tract 2 - from agricultural use to single
family residences on lots with a minimum area of 4,500-square feet. The property is
located at Tract 1 being 4.48 acres and Tract 2 being 16.16 acres out of Nueces River
Irngation Park Annex No.2, located north of Northwest Boulevard and 225 feet east of
Trinity River Drive/FM 1889.
City Secretary Chapa stated the Planning Commission and staff recommendation as
follows: Tract 1 - Approval of the "B-4" General Business District along the front area of the
subject property and denial of the "B-4" General Business District along the rear 50 feet of the
property and in lieu thereof, approval of a "B-1A" Neighborhood Business District along the rear
50 feet of the subject property; Tract 2 - Approval of the "R-1C" One-family Dwelling District.
Minutes - Regular Council Meeting
February 28, 2006 - Page 13
Assistant Director of Development Services Michael Gunning reported that the Planning
Commission and staff recommended "B-1A" Neighborhood District zoning at the rear of the
subject property to create a buffer zone for the adjacent neighborhood. The Planning
Commission and staff recommended "B-4" General Business District zoning for the remainder of
the frontage, however, because the subject property was anchored by existing "B-4" zoning on
the west and east ends.
Mayor Garrett called for public comment. Mr. Ivan Alvarez, Northwest Estates resident,
spoke in favor of the "B-1A" buffer zone, but expressed concern about the minimum 4,500
square foot lot size for the proposed subdivision because it could promote cluttered
neighborhoods. He pointed out that the lot sizes in his subdivision ranged from 7,000 to 9,000
square feet. He requested that the Council consider making the minimum lot size to 6,500
square foot lots.
Mr. Kelly stated that the proposed subdivision was a fairly dense compaction of
residential uses. He said they were anticipating 530 trips per day. Looking at the proposed
plat, the cars were going to have to go out existing neighborhoods like Northwest Estates. In
addition, he noted that the area had a drainage problem, so with this type of compaction of
residential uses, it was going to significantly overburden downstream drainage.
Mr. Kelly noted that the applicant was requesting 'R-1C" zoning. He asked what the
minimum lot size was for "R-1B" zoning. Mr. Gunning replied the minimum lot size for "R-1C"
zoning was 6,000 square feet. He pointed out, however, that the preliminary layout for
subdivision indicated that most of the lots were greater than 6,000 square feet. Since the
remaining lots were below 6,000 square feet, the applicant had applied for "R-1C" zoning. Mr.
Kelly asked how many of the lots were below 6,000 square feet. Mr. Gunning replied he did not
have the lot count, but stated that the applicant or his representative could respond.
Unfortunately, neither the applicant nor a representative was present. Mr. Gunning suggested
that the Council could table the item to allow staff to obtain the information.
Mr Kelly stated that he concurred with the "B-4" zoning on the frontage and the "B-1A"
zoning on the rear portion of the subject property. But considering the current drainage
problems and traffic congestion that would be created for the adjacent neighborhoods, he was
In favor of "R-1 B" zoning for the residential unless the applicant could convince him otherwise.
Since the applicant was not present, Mr. Kelly made a motion to table the item until March 21,
2006 to allow the applicant to respond to his concerns, seconded by Mr. Garcia, and passed.
28. TABLED UNTIL MARCH 21,2006
Amending the Zoning Ordinance, upon application by Staples Development, LLC, by
changing the zoning map in reference to 3.680 acres out of the Nueces River Irrigation
Park !\nnex No.2, from "F R" Farm Rural to "B 1" General Business District '.\lith a 0.801
acre 50 foot "B 1A" 8uffer to the rear on Tract 1 and 16.16 acres from "F R" Farm Rural
to "R 1 C" One family Dwelling District on Tract 2; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
Mayor Garrett referred to Item 29, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0106-09, Mever-Lamph Development Group, Ltd.: A change of zoning from a
"B-1" Neighborhood Business District to a "B-4" General Business District resulting from
a Neighborhood Business District (provides for expanded neighborhood uses) to a
Minutes - Regular Council Meeting
February 28,2006 - Page 14
commercial development. The property is in Coastal Bend Subdivision, Block 2, Lot 7,
located north of Northwest Boulevard and 575 feet east of County Road 69.
City Secretary Chapa said the Planning Commission and staff recommended the denial
of the "B-4" General Business District and in lieu thereof, approval of a Special Permit subject to
a site plan and two (2) conditions.
No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council
for their votes as follows:
29. ORDINANCE NO. 026669
Amending the Zoning Ordinance, upon application by Meyer-Lamph Development
Group, LTD., by changing the zoning map in reference to Coastal Bend Subdivision, Lot
7, Block 2, located north of Northwest Boulevard and 575 feet east of County Road 69
(currently zoned "B-1" Neighborhood Business District) by granting a Special Permit for
a 7,000-square foot auto parts sales structure, subject to a site plan and two (2)
conditions; 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 opened discussion on Item 30, an appeal by Mr. Ismael Garcia of a
Building Standards Board decision to demolish a structure on his property at 4314 Spring
Creek.
Director of Neighborhood Services Yvonne Haag introduced the staff members who
would be participating in the appeal as follows: Elizabeth Hundley, Assistant City Attorney;
Teena Houston, Building Official for the Building Standards Board; Robert Quiroz, acting Code
and Zoning Administrator; and Assistant City Manager Margie Rose.
Ms. Haag reported that the Building Standards Board considered Mr. Garcia's case at
their December 15, 2005 meeting. The Board decided to order demolition of the structure,
including the driveway, foundation, and all underground utilities, for failure to meet minimum
building standards. Under Section 13-28 of the Code of Ordinances, Ms. Haag said Mr. Garcia
had the right to ask the Council for an appeal.
Assistant City Attorney Hundley described the legal aspects of the hearing. She said in
hearing this appeal, the Council was acting in a quasi-judicial capacity; therefore, they must
determine what the facts are and whether or not the structure should be demolished. She said
the Council may consider the following actions: (1) deny the appeal (upholding the Building
Standard Board's decision); or (2) sustain the appeal (reversing the Board's decision); or (3)
deny the appeal in part and sustain in part (upholding some provisions of the Board's decision
and modifying other provisions, in whole or part).
Ms. Hundley stated that any decision made by the Council to modify an order of the
Building Standards Board shall specify the following: (1) in what manner such modification is
Minutes - Regular Council Meeting
February 28,2006 - Page 15
made; (2) the conditions upon which it is made (including any time requirements); and the
reasons therefore.
Ms. Haag briefly reviewed a chronology of events in the case, spanning from fire
damage the structure sustained in February 2, 2002 to the Building Standards Board decision to
demolish the structure on December 15, 2005. Ms. Haag noted that staff had tried to work with
the property owners numerous times to bring the home into compliance. Mr. Garcia filed a
request for appeal in the City Secretary's Office on January 9, 2006.
Ms. Haag displayed a number of photographs of the residence taken before the Building
Standards Board hearing. The photos showed heavy fire and smoke damage to the northwest
area of the home.
Attorney Hal George, 5350 S. Staples, representing Mr. Garcia, asked the Council to
allow his client to rebuild the house rather than tear it down. He presented documentation
estimating that the repairs would cost $157,000. His client believed that upon completion of the
repairs, the house would be worth $300,000. By repairing the home, Mr. George argued that the
home would be on the tax rolls and would be an asset to the community. If the Council ordered
the demolition, then the neighborhood and the community would suffer while the vacant lot sat
there awaiting a buyer. Mr. George stated that his client believed the repairs could be
completed in five months from the beginning date of construction.
Mr George also provided a copy of a report by Mr. Arnold Moreno, a certified engineer,
Indicating that the home had sustained less than 10 percent structural damage. He noted that
city staff had filed conflicting reports on the amount of structural damage, with Neighborhood
Services stating that the structural damage was 50 percent, while the Development Services
reported the structural damage was less than 20 percent.
In addition, Mr. George provided two pre-loan commitment letters Mr. Garcia had
received from a mortgage company for $197,000 and $200,000. The final document was from
the builder, Mr. Michael Shokrian with Barfield & Associates, estimating that the repairs would
cost approximately $157,000.
Mr. George then explained why Mr. Garcia had delayed addressing the condition of the
home until now. He said there was a fire in the residence, and his client filed a claim under his
homeowner's policy and the claim was rejected. Mr. Garcia had to file a lawsuit against the
Insurance company, and the case was settled in April 2005. In the meantime, Mr. Garcia and
his wife went through a divorce. Mr. Garcia had deeded the property to his ex-wife, who
Indicated that she had a buyer for the home. Unfortunately, the sale fell through for some
reason and the property was transferred back to Mr. Garcia.
Mr. George described Mr. Garcia's plan and timeline for the home repairs, pointing out
that the plan was developed with feedback from the neighborhood. He said the contractor
would first address the aesthetics of the home's exterior. He asked the Council to allow Mr.
Garcia to rebuild with a set schedule. He said the mortgage company needed three weeks to
process the loan documents. Then, his client would present the final plans for the repairs to the
architectural control committee of the Wood River Homeowners Association. Mr. George asked
the Council to allow 30 days for the committee to review and approve the plan. Mr. Mike
Garcia, the contractor, stated he needed a month from today to begin the project. In conclusion,
Mr. George stated that the Council could require weekly inspections of the construction site to
ensure that they were meeting the planned schedule. If the contractor was not adhering to the
schedule, then the city could order demolition.
Minutes - Regular Council Meeting
February 28,2006 - Page 16
Mr. Kelly stated that Mr. George and his client had spoken with the neighborhood and
with the homeowners association. He asked if Mr. George was saying that the homeowners
association was in support of the proposed plan. Mr. George replied he did not believe the
homeowners association would oppose the plan, but stated that Attorney Michael George,
representing the homeowners association, was in the audience and could answer that question.
Mr Kelly stated the home had been a nuisance to the neighborhood for the past four
years. The city and the homeowners association had repeatedly contacted Mr. Garcia about
the home throughout that time with little result. Mr. Kelly acknowledged that Mr. Garcia had
been dealing with personal issues during this time, but said he could have avoided this entire
proceeding if he had simply addressed the situation months ago. Mr. George replied that he
could not change the past, but Mr. Garcia was sincerely interested in rebuilding the home. He
said the neighborhood would be better off if they allowed reconstruction rather than demolition
because it would address the problem sooner.
Mr. Kelly noted that staff and the Building Standards Board differed on the extent of the
demolition order. The Building Standards Board recommended the demolition of the home, the
foundation, and the driveway; staff recommended the demolition of the home only. Director of
Neighborhood Services Yvonne Haag replied city staff's practice was to exclude foundation and
driveway removal from demolition orders because of the cost.
Mr. Scott remarked that the city had spent a phenomenal amount of time and energy in
dealing with this case, and he felt the property owner should reimburse the city and the
taxpayers for the costs. If the Council decided to allow the property owner to rebuild, he felt the
city should obtain a performance bond or other form of guarantee that the work would be
completed.
Mr. Noyola asked staff how much structural damage the home had sustained, 20 or 50
percent. Ms. Teena Houston, city property advisor, replied that the code official who had
inspected the site determined that home had sustained 50 percent structural damage from the
fire. Mr. Noyola asked questions about the Mr. Garcia's timeline for the construction and the
mortgage He said Mr. Garcia told him he could complete the work in four months rather than
five months because the neighborhood had suffered enough. Mi. Michael Shokrian, the builder,
stated the work could be completed in four months with a huge effort. Mr. Noyola stated that if
the repairs were not completed in four months, then he was in favor of ordering demolition. Mr.
Shokrian and Mr. Garcia stated that they believed the work could be completed in four months,
and the aesthetic improvements could be addressed in a very short time.
In response to Council Member Garcia's question, Ms. Haag stated that Neighborhood
Services' staff determined that the structural damage to the home was 50 percent, while an
Inspection initiated by Mr Garcia but completed by Development Services determined the
structural damage was 20 percent.
Council Member Garcia questioned Mr. Shokrian about the construction estimate. Mr.
Shokrian stated that the exterior repairs, including landscaping, would cost approximately
$20,000. Council Member Garcia expressed concern that Mr. Garcia had not addressed the
problems with the structure three years ago. Since the structure had been exposed to the
elements for an extended period, Mr. Garcia felt the total removal of the interior of the unit was
warranted. The construction should begin from the basic frame structure, in his opinion, but the
many of the framing members, the ceiling joists, and the roof decking had probably been
compromised. While he had not physically inspected the structure, Council Member Garcia
stated that upon visual inspection, it wouldn't be possible to use existing rafters and joists in the
construction because it was structurally unsound. He asked staff if they agreed with his
Minutes - Regular Council Meeting
February 28, 2006 - Page 17
statement. Ms. Houston replied affirmatively, saying that many framing members were burned
In the fire.
Mr Shokrian replied that when city staff inspected the unit, the sheetrock was still in
place in most areas; thus, he was uncertain how they determined the extent of damage to the
framing members. He said the fire damage was contained to a small area, but the smoke
damage was more extensive. He did not intend to take shortcuts by using any burned joists or
framing members; rather, he intended to replace all the damaged components. Mr. George
added that Mr. Moreno's inspection of the unit indicated that the fire damage was limited to a
50-square foot area, but the water and smoke damage was more extensive. Council Member
Garcia stated that it was the builder's responsibility to provide a realistic estimate. Mr. Shokrian
replied the cost for repairing the unit was roughly half the value of the completed home. He said
the house had to be completely stripped of sheetrock, re-wired, and re-plumbed, and ten
percent of the framing structure needed to be replaced. Council Member Garcia stated that
based on Mr. Garcia's history, it was difficult to believe that things would be different starting
today. He said there was no excuse for his derelict behavior regarding the condition of his
home.
Mr Chesney asked staff to routinely provide estimates on the costs to the city and the
taxpayers In cases like these so the city could seek reimbursement from the property owner.
He also stated that if the Council sustained the appeal, then he would insist that a performance
bond be issued before approving the work. He asked staff what they considered a reasonable
timeline to finish the repairs. Ms. Houston replied that five months was a reasonable timeline if
the Council granted Mr. Garcia's request, but staff still upheld their recommendation for
demolition
Mr. Chesney asked how much Mr. Garcia received in insurance money and how it was
used. Mr. Garcia replied he used the proceeds to payoff the house note, approximately
$160,000 to $170,000.
Mr. Chesney stated that he would like an opportunity to hear from the homeowners
association on the issue. While he was reluctant to grant Mr. Garcia's request, he
acknowledgeJ that demolishing the property would delay any reconstruction effort.
Mr. Kelly asked Mr. Garcia how long he had had the ability to borrow $200,000. Mr.
George replied Mr. Garcia's son in El Paso, IX, an engineer, arranged the financing through a
personal friend. He said after the sale of the home fell through last year, Mr. Garcia turned to
his son for help. Mr. Kelly took exception to Mr. Garcia's delayed action to address the
situation, only until the city ordered demolition. He noted that the estimate for the exterior
repairs was only $20,000, yet Mr. Garcia had not obtained a loan in this amount for over four
years,
Mr. Kelly stated that the homeowners in the Wood River subdivision felt that Mr. Garcia's
property reflected poorly on the neighborhood's property values, especially since it was a high-
profile home. He said the neighbors had waited four years for Mr. Garcia to take action, yet for
as little as $20,000, he chose not to do it. Mr. Kelly understood that the neighbors were tired of
waiting. Mr. George responded that Mr. Garcia had experienced a number of personal issues
that caused the delay and had taken an emotional toll. If Mr. Garcia had hired him at the
beginning, Mr. George felt that the issue would have been resolved long ago. Mr. Garcia added
that his inaction was due to a miscommunication between him and his ex-wife. Mr. George
stated that he was placing his credibility on the line by vouching for Mr. Garcia's sincerity.
Although he was sympathetic to Mr. Garcia's plight, Mr. Kelly replied that he could not approve
his request unless the neighborhood was in favor of it.
Minutes - Regular Council Meeting
February 28, 2006 - Page 18
Mr. Marez stated that Mr. Garcia's blatant inaction regarding the condition of his home
was cause for concern. Before he made a final decision, he wished to hear from the
neighborhood association
Mayor Garrett called for comment from any interested parties with information relevant to
the appeal. Mr. John Pierce, who lived next door to the subject property, stated that the
neighborhood had endured the poor condition of the structure for two and a half years. He said
the neighborhood was skeptical that giving Mr. Garcia more time would accomplish anything.
On the other hand, if the Council were to deny the appeal and order demolition, he was
concerned that Mr. Garcia would take legal action, leading to further delays. Thus, Mr. Pierce
said the neighborhood was in favor of whatever action would address the problem most
expediently, be it demolition or reconstruction. He provided a petition signed by 90 residents
requesting that Mr. Garcia either demolish or repair the house without delay. If the city decided
not to demolish the property, then they requested that the city hold periodic inspections to
ensure that the construction was progressing appropriately with interim deadlines. They also
requested that the exterior of the property be made presentable first, including repairing the
front door and replacing broken windows
Mr. Kelly asked if Mr. Pierce had a position on the removal of the foundation and
driveway. Mr. Pierce replied that the front of the home featured a large cement stairway that
would be an eyesore if it remained. The neighborhood felt the lot would be more sellable if the
driveway was removed. Mr. Garcia stated that it was much less expensive to work with the
existing foundation and in general they were easy to work with.
Mr Rick Melby, 4310 Spring Creek, said he had lived next door to the subject property
since 1996. He reported that Mr. Garcia had never lived in the home during this time; rather, his
ex-wife resided in the home sporadically. Mr. Melby stated that the insurance claim was tied up
in litigation because of suspicion of arson; he said three separate fires had been set in the
home, and his ex-wife was the prime suspect. While she was not convicted of any crime, Mr.
Melby said she was the worst neighbor he had ever lived near. Since Mr. Garcia had entered
the picture, Mr. Melby said he had tried to make amends to the neighbors. As a former fire
specialist, he esiimated that the home had approximately 30 percent structural damage,
primarily in the master bedroom and covered porch. At a homeowners association meeting held
on February 20, he said a comment was made that if the city denied their appeal, Mr. Garcia
would sue. Consequently, Mr. Melby said the residents preferred that the home be
reconstructed rather than demolished. He agreed that the foundation should be removed
because of the cement staircase in front of it because it could deter buyers. In addition, he
asked that the city prescribe strict timelines on the progress. He asked that the city include a
provision stating that if Mr. Garcia did not meet the time limits, then the structure would be
demolished with no other legal recourse. Under these conditions, Mr. Melby said he could
support Mr Garcia's request.
Ms. DeAnn Pierce spoke in support of removing the cement staircase if the home was
demolished and preserving the existing foundation if possible.
Attorney Michael George, representing the Wood River Homeowners Association, stated
that the association chose to allow Mr. Garcia additional time regarding the litigation for the
property. He said Mr. Garcia was much more cooperative than his former spouse, and was
sincere in his attempt to address the situation. He said the association's architectural
committee was scheduled to meet on March 20, and Mr. Garcia could submit his plans at that
time for review and approval. He understood Mr. Garcia planned to rebuild the home as it
originally was, which would expedite the process. Mr. George recommended that the Council
Minutes - Regular Council Meeting
February 28, 2006 - Page 19
sustain the appeal in part by postponing the demolition, and deny the appeal in part by abating
the demolition by requiring Mr. Garcia to reimburse city costs and require a performance bond.
In addition, he recommended that the city periodically inspect the construction and report to the
homeowners association regarding the progress.
Mayor Garrett asked for a brief recess to allow city staff and Mr. Garcia to meet and
discuss the terms of the agreement.
* * * * * * * * * * * * *
Mayor Garrett presented proclamations and conducted a swearing-in ceremony.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett called for petitions from the audience.
Mr. Johnny French, 4417 Carlton, spoke regarding his interpretation of a portion of Texas Beach
Protection Code dealing with the closure of beaches on North Padre Island. He asked the City
to either consult with the senators sponsoring the act or with the Texas Attorney General's
Office regarding the exemption.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 35, and announced that the City Council would go into
executive session under Texas Government Code Section 555.071 to consult with its attorney
to seek legal advice on legal matters relating to granting a permit to Sabco Operating Company,
with possible discussion and action related thereto in open session.
* * * * * * * * * * * * *
The Council returned from executive session. Mayor Garrett allowed Ms. Dorothy Davis,
Hillcrest resident, to speak regarding Item 34, the location of the new wastewater treatment
plant. Ms. Davis spoke against locating the plant at the CITGO site because of its proximity to
the Hillcrest area.
Mayor Garrett referred to Item 35, and the following motion was passed with the
following vote:
35. MOTION NO. 2006-072
Motion authorizing the City Manager or his designee to grant a permit to Sabco
Operating Company of Houston, Texas to drill an oil or gas well at an exceptional
location, approximately seven (7) miles easterly of the marina area in Corpus Christi
Bay. State Tract 49 Well No 6.
The foregoing motion 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 31, a presentation on the current water supply status and
the Garwood Pipeline. Assistant City Manager Ron Massey began with the current water
supply status. He presented a chart depicting the city's water supply and demand projections
between 2000 and 2060. The projections estimated the availability of water using a safe yield
Minutes - Regular Council Meeting
February 28, 2006 - Page 20
projection, leaving six months supply in the reservoir, and a firm yield, which would pump all the
water that could be drawn out of the reservoir. Staff estimated the future demand projections
based on Census 2000 data; he said the next census update would be available in 2005.
Additionally, he said staff used two models to predict the high and low ranges of future demand,
a linear regression and a growth-rate projection.
Mr. Massey then displayed a chart illustrating the actual water demand between 2000
and 2005, noting that the actual demand was less than the projected demand. He stated the
decrease in overall demand could be attributed to wet weather and the loss of a large
commercial customer. Currently, Mr. Massey said the city was experiencing a dry period, so the
demand should begin increasing to 2000 levels.
Mr. Massey presented a slide depicting the water supply and demand projections from
2000 to 2060 including available water from the Garwood Pipeline, which was anticipated to
come online in 2020. Under the worst case scenario, he said the city's water needs under a
firm yield calculation would be met until approximately 2050.
Mr Massey reviewed a chart listing the city's potential water strategies, and the
projected yield and unit costs for each alternative. The list included the Padre Island Aquifer
Storage and Recovery project, the Governor's desalination initiatives, and the Garwood
Pipeline. To update the Council of the Garwood Pipeline project status, Mr. Massey introduced
Mr. Stefan Schuster with Freese & Nichols to make the report.
Mr. Schuster provided a brief overall project approach. He said Phase 1, a screening
study of delivery options, and Phase 2, a detailed study of delivery options, had been
completed. Phases 2A, permitting, and Phase 2B, partnership agreements, were in progress,
and he said he would report on them today.
Mr. Schuster said the project approach in Phase 2 (A and B) was as follows: detailed
study of options; water rights and permit review; meetings with participants and regulators; loss
studies; operational analysis; regional planning update; and continuing to the next phase.
Mr Schuster stat~d that the recommended options for detailed study in Phase 2 are as
follows: Option 1 (combined facilities with LCRA/SAWS); Option 5 (Garwood System to West
Mustang Creek and Lake Texana); and Option 6 (Gulf Coast System and Pipeline to Mary
Rhodes Pipeline).
Mr Schuster provided a progress report on Option 1, combined facilities with
LCRNSAWS. He described the objectives of the study. He said SAWS and LCRA continued to
support the project and wished to see it move forward. All the technical studies to determine the
siting and location of the diversion facilities for the SAWS project would be completed by 2010.
SAWS and LCRA indicated that project construction would not begin after 2020. The team
recommended that if the Council were to choose Option 1, a firm agreement with LCRA should
be developed.
Regarding Option 5, Garwood System to West Mustang Creek and Lake Texana, Mr.
Schuster said the objectives were as follows: coordinate the operation of and possible upgrade
to the existing Garwood Pump Station and canal system; determine the requirements for
revising the water right to allow diversion into West Mustang Creek and Lake Texana; determine
permitting requirements; determine potential delivery of the system; and coordinate reservoir
operations and contracting arrangements with LNRA. Mr. Schuster stated that Option 5
appeared to be the most affordable solution at $5 million. If the city chose this option, he said
they would need to negotiate a Bed and Banks permit and a Water Rights permit revision, and
Minutes - Regular Council Meeting
February 28, 2006 - Page 21
to resolve a number of environmental permitting issues. Option 5, while the most affordable and
most immediate option, still allowed for the flexibility to chose the other two options in the future
if desired.
Mr. Schuster discussed Option 6, the Gulf Coast System and Pipeline to Mary Rhodes
Pipeline. The study objectives were as follows: coordinate operation and possible upgrade to
Gulf Coast Pump Station and Canal System; determine requirements for revising water right to
allow diversion in canal system; determine potential delivery of the system; determine location
of pump station at the diversion from the Gulf Coast Canal; perform a preliminary pipeline route
study; and determine permitting requirements. Mr. Schuster noted that Option 6 had a higher
construction cost of $52 million, a pump station was needed at the end of the Furbor Canal,
competition with the LSWSP siting was possible, and water availability was unknown at this time
because of LSWSP.
I n conclusion, Mr. Schuster stated that the team was recommending that the city pursue
Option 5 because it was the most immediate delivery option available at the lowest cost. He
said permitting issues have been identified and coordinated, and the delivery could be
accomplished without irrigation season interference. Options 1 and 6 required coordination with
LSWP results and findings of technical studies. He said continued coordination was needed for
permitting and infrastructure needs. He also emphasized that the water right was protected
under all scenarios. Mr. Schuster stated the next step was to begin negotiating permitting and
agreements, and finalizing any partnership agreements with SAWS, LCRA, and LNRA.
Mr. Scott noted that the city did not have to coordinate with SAWS to engage in Option
5. He asked if staff had discussed the feasibility of the project with SAWS. Mr. Massey replied
City Manager Noe would be setting up a meeting with SAWS, which had recently undergone a
leadership change, to make a case for running a pipeline to Lake Texana. City Manager Noe
added that while having SAWS on board with the project would be beneficial, the LCRA was
actually going to drive the alignment of the pipeline in their area, and the city was already in
contact with their principal agent.
Mr. Scott asked for more information on the timelines for the project. Mr. Massey replied
that if the city decided to pur~ue Option 5, for example, staff would bring the Councii a contract
for additional work with the Freese & Nichols team to begin negotiations on permitting and water
rights amendments. He said if the city wished to move forward with the Garwood water project,
then staff was recommending Option 5. Mr. Scott stated that he felt it was important to move
forward with the project soon to protect the city's water rights. Mr. Massey agreed, but pointed
out that the Council could postpone their decision to consider the other water option and their
relationship to each other. He emphasized that every water supply option the city pursued
came with a cost, so the Council needed to consider them all and then choose the ones that
made the most sense.
Mr. Scott asked for details on how the $5 million cost for Option 5 would be used. Mr.
Massey replied the $5 million would cover the construction costs for a diversion facility to move
the water down the creek.
Mr. Massey discussed the other water supply initiatives the city was considering as
follows: the Padre Island groundwater desalination and Aquifer Storage and Recovery (ASR);
the Corps of Engineers (CaE) Nueces River Basin feasibility studies; and Seawater
Desalination (Governor's Initiative). Regarding the Padre Island initiatives, he said the city
moved forward to authorize the ASR district and staff was negotiating land acquisition
agreements with adjacent landowners. Mr. Massey said the Corps of Engineers Nueces River
Feasibility Study was being sponsored by the CaE, SAWS, SARA, GBRA, NRA and the City of
Minutes - Regular Council Meeting
February 28, 2006 - Page 22
Corpus Christi. Year 2 of the study was being funded by Congress, and the city's share of the
funding was $182,800. Finally, he said Phase I of the Governor's seawater desalination
initiative was completed in 2004. The state legislature approved approximately $2.5 million for
Phase II funding this year, and cities can submit Phase II applications in March 2006 to the
Texas Water Development Board. He said the city was not sure whether they would apply for
funding because the Board was requesting a set timeline for the project.
o
Finally, Mr. Massey discussed a number of other supply opportunities as follows: to
Investigate groundwater sources with SPMWD; and to pursue additional Texana firm water.
Mr. Don Roach with the San Patricio Municipal Water District discussed their interest in
partnering with the city on a water supply project using groundwater
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 32 regarding the city's cost share agreement
with the Corps of Engineers for Phase IIA of the Nueces River Basin Feasibility Study, as Mr.
Massey discussed in the previous presentation item. City Secretary Chapa polled the Council
for their votes as follows:
32. MOTION NO. 2006-066
Motion authorizing the City Manager or his designee to continue participation in the
Nueces River Basin Feasibility Cost Share Agreement with the United States Army
Corps of Engineers Fort Worth and Non Federal Co-Sponsors, and authorizing payment
of $39,082 for the Phase itA (Existing Conditions, Alternative Formulation and
Programmatic Environmental Impact Statement or Plan Formulation).
The foregoing motion 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 33 regarding the Southside Water
Transmission Main Project, Phase 5. City Engineer Angel Escobar reported that Phast::l 5 was
comprised of four portions: construction contract; welding inspection; cathodic detection; and
the testing of backfill and bedding. He said staff recommended approval of the contract, despite
coming in above the consultant's estimate, because it was still within the project budget. The
contract would construct 5.4 miles of 42-inch water line along Yorktown Boulevard from Rodd
Field Road to the Laguna Madre to the Island.
Mr. Scott asked if staff had resolved a Flour Bluff constituent's concern regarding the
destruction of a number of trees. Mr. Escobar replied staff was still working with her. He said
the city needed to acquire three more parcels of land, hopefully within the next 45 days.
There were no comments from the public. City Secretary Chapa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
February 28, 2006 - Page 23
33.a. MOTION NO. 2006-067
Motion authorizing the City Manager or his designee to execute a construction contract
with S. J. Louis Construction, Ltd., of San Antonio, Texas in the amount of $8,476,046
for the Southside Water Transmission Main - Phase 5.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
33.b. MOTION NO. 2006-068
Motion authorizing the City Manager or his designee to execute an agreement for
welding inspection to Base Line Data, Inc., of Portland, Texas in the amount of $101,893
for the Souths ide Water Transmission Main - Phase 5, from Rodd Field Road to
Whiteley Drive.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
33.c. MOTION NO. 2006-069
Motion authorizing the City Manager or his designee to execute an agreement for
corrosion engineering construction support with V & A Consulting Engineers, Inc., in the
amount of $48,910 for the Southside Water Transmission Main - Phase 5, from Rodd
Field Road to Whiteley Drive.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
33.d. MOTION NO. 2006-070
Motion authorizing the City Manager or his designee to execute a Testing Agreement
with Kleinfelder, Inc., of COrpUS Christi, Texas in the amount of $121,319 for the
Souths ide Water Transmission Main - Phase 5, from Rodd Field Road to Whiteley Drive.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mr. Scott asked if the pipeline was being placed beside Whiteley Drive, a dead end
street. Mr. Escobar answered affirmatively. Mr. Scott stated the Whiteley Drive residents had
complained for several years about the insufficient turning radius for traffic at the end of the
street. He asked if the pipeline construction might present an opportunity to widen Whiteley
Drive by 15 feet. Mr. Escobar replied he would look into it.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 34 regarding the relocation of the Broadway
Wastewater Treatment Plant. City Manager Noe stated today's item was a follow-up to the
Council's directive on January 31, charging staff to further investigate the feasibility of Sites 3
(Citgo) and 4 (Flint Hills) for the new plant. City Engineer Escobar reported that staff met with
Citgo, Flint Hills, and the Port of Corpus Christi Authority to discuss the issue. As a result of the
Citgo discussions. staff would be presenting a new site layout, Site 3A.
Minutes - Regular Council Meeting
February 28, 2006 - Page 24
Mr Escobar briefly referred to a timeline outlining the city's actions on the Broadway
Treatment Plant relocation. He highlighted the June 2005 closed session that resulted in staffs
meetings with Hillcrest area residents between August and October 2005. The citizens
presented a signature petition against locating the new plant near their neighborhood. Staff
consequently reviewed additional sites, including previously evaluated sites.
According to the Council directive issued on January 31, 2006, Mr. Escobar stated that
the Council directed staff to negotiate with Flint Hills and Citgo and any ancillary entities
regarding the location of a new Wastewater Treatment Plant on Site 3 or Site 4, and report back
in 30 days Staff was to eliminate as many variables as possible.
Mr. Escobar displayed an aerial photograph of Site 3, the Citgo Port terminal, an
irregularly shaped site. He said staff was considering leasing property from the Port of Corpus
Christi and acquiring property to mitigate the wetlands area located near the site.
Mr Escobar displayed an aerial photograph of Site 4, the Flint Hills Resources tank
farm, bordered by the Union Pacific railroad tracks, and the ship channel. He said the track was
more rectangular, and the outfall ended into the Salt Flats ditch. In the plans, he said all the
treatment units were moved to the rear end of the property, creating the maximum distance of
660 feet from the closet residential unit.
Mr. Escobar introduced Mr. Govind Nadkarni with MEI Govind to provide the cost
updates on Sites 3 and 4. Mr. Nadkarni pointed out that both cost estimates had increased due
in part to higher steel costs. Both sites experienced linear cost increases of 11.5 to 11.7
percent, but 0 & M costs remained relatively stable. The estimated cost for Site 3 increased
from $43,783,280 to $49,027,080, and from $41,173,150 to $45,874,750 for Site 4. In a cost
comparison with a 20-year life cycle, the Site 3 total cost increased from $76,444,280 to
$83,680,080, and the Site 4 total cost increased from $73,072,150 to $79,559,750.
Mr Nadkarni provided a list of the meeting dates in which staff met with Citgo, the Port
of Corpus Christi, and Flint Hills staff. Staff's renewed meetings with Citgo identified a new
alternative Citgo site, called Site 3A, because of operational changes allowing for the relocation
of an $80,000 tank which improved the configuration of the site. He noted, however, that the
new configuration did not surpass the Flint Hills site. Mr. Escobar added that because of the
new configuration, the city no longer needed to lease 1.19 acres of land from the Port of Corpus
Christi shown in the Site 3 plan. The city would nevertheless still to negotiate with the Port of
Corpus Christi for exchange of the property on the eastside of the Salt Flats ditch.
Mr. Nadkarni reported that staff prepared new estimates comparing Site 3, 3A, and 4.
The cost estimates were as follows: Site 3 (Citgo) - $49,027,080; Site 3A (Citgo)- $48,407,080;
and Site 4 (Flint Hills) - $45,874,750. In a cost comparison with a 20-year life cycle, the
estimated costs were as follows: Site 3 - $83,680,080; Site 3A - $82,824,080; and Site 4 _
$79,559,750.
Mr. Nadkarni reviewed the construction timelines for each site. Site 3 was estimated for
completion in November 2011, Site 3A in December 2010, and Site 4 in March 2010. He
emphasized that Site 3A would take nine months longer to construct than Site 4 because a new
tank would have to be constructed and relocated.
Mr. Nadkarni presented a site selection matrix rating each site on a scale of 1 to 5 with 5
being "most desirable". The cumulative scores based on 14 criteria were as follows: Site 3 - 43
points; Site 3A - 50 points; and Site 4 - 54 points.
Minutes - Regular Council Meeting
February 28, 2006 - Page 25
Mayor Garrett asked if Site 3A's new configuration eliminated the need for wetlands
mitigation. Mr. Escobar replied negatively, saying the wetlands mitigation was not eliminated
but was postponed to a future expansion phase.
Mr Nadkarni discussed the benefits of the Flint Hills site. First, he said it was the largest
site that could be acquired in the shortest amount of time. Second, the site preparation was
superior because it allowed for future expansion and had the best geometric configuration.
Third, the site met the 150-foot buffer from the nearest treatment unit along the site's south
property line required by the TCEQ. Fourth, the nearest residential lot was over 500 feet from
the treatment units. Fifth, the Flint Hills site construction could be completed more quickly than
the other sites. Finally, he said the site provided the least overall costs for capital and 0 & M
20-year life cycle expenditures. Staff was therefore recommending that the city proceed with
the purchase of the Flint Hills Tank Farm site (Site 4) for the new wastewater treatment plant.
To move forward with the plan, staff needed to begin assembling a team to help with
negotiations to purchase the property and to address issues specific to the land purchase. Mr.
Escobar thanked Citgo for their cooperation in updating the cost estimates and for their
assistance in addressing the wetlands mitigation.
Mr. Escobar briefly mentioned a number of issues yet to be resolved for the Flint Hills
site. The environmental clean-up and/or closure of the site had not been discussed.
Additionally, he said property access issues to be addressed included the acquisition of an
easement through Union Pacific Railroad property and an access easement through the
property adjacent to North Port Avenue.
Mr. Kelly asked for the distance between Site 3A and the nearest residence. Mr.
Escobar replied the distance between the closest treatment unit and the nearest residential
home was 1,125 linear feet. The distance between Site 3's nearest treatment unit to a
residential unit was 1,350 linear feet. Mr. Kelly pointed out that either Citgo site would double
the distance between the treatment units and the Hillcrest neighborhood. Mr. Escobar replied
affirmatively, saying that the Flint Hills site was 650 feet from the nearest residence.
In response to Ms. Cooper's question, Mr. Escobar replied staff very strongly
recommended the Flint Hills site, even when iaking Site 3A into consideration.
Mr Chesney thanked staff for their efforts in updating the information and ultimately
discovering a new alternative, Site 3A. He had hoped, however, that the cost difference
between Site 3A and Site 4, would be closer, but it had actually remained $3 million. If the
Council chose Site 4, he asked if the city could invest a portion of the savings to minimize the
plant's impact on the Hillcrest neighborhood, with landscaping and buffering improvements.
City Manager Noe replied affirmatively, saying that regardless of which site was chosen, the city
would make every effort to minimize the impact of the plant on the neighborhood.
Mr. Scott stated that he had driven by the proposed Flint Hills site recently, and he
thought that landscaping and other buffer improvements on and offsite could potentially benefit
the neighborhood.
Mayor Garrett asked if the odor control at the new plant would be comparable to the
Whitecap Plant. Mr. Escobar answered that the Whitecap Plant enclosed the front-end
headworks of the plant, where the majority of the odor was produced, to prevent any odors from
escaping outside.
Mayor Garrett asked for public comment. The following individuals spoke against
locating the new plant at the Flint Hills site (Site 4) because of its proximity to the Hillcrest area:
Minutes - Regular Council Meeting
February 28, 2006 - Page 26
Lamont Taylor, 1701 Stillman; Jerome Bradford; Otis Moseley, 1519 Peabody; Henry Williams,
Hillcrest Residents Association president; Abel Alonzo; Daniel Pena (Powerpoint presentation);
Andrew DuArte, 1203 Van Loan Ave.; Kelly Archdine; and Gloria Metcalf. Mr. Williams, Mr.
Pena, and Mr. DuArte asked the Council to consider placing the new plant on Site 12, the
existing Broadway Wastewater Treatment Plant site. A discussion ensued because the Council
had directed staff to focus only on Sites 3 and 4, so there were no updated figures on Site 12.
Mr. Marvin Leary stated that if the Council chose to locate the plant at the Flint Hills site, then
the city should make an effort to help the Hillcrest area, making it productive again.
Mr. Noyola spoke in favor of Site 3A, the Citgo site, despite the higher cost, because he
felt it would be in the best interest of the Hillcrest neighborhood, which had suffered numerous
economic setbacks. He said landscaping and other cosmetic improvements would not improve
the quality of life for the residents, which was already marginal. He asked the Council not to
force the residents out of their homes by locating the new plant at the Flint Hills site.
Ms. Cooper stated that while she respected the Hillcrest residents immensely, she could
not overlook that the current Broadway Wastewater Treatment Plant was in dire need of
replacement. She was therefore in favor of staff's recommendation for the Flint Hills site based
on time and cost considerations. With the new odor control technology, the new wastewater
plant would not intrude on their lives as was typically the case. She also spoke in favor of the
landscaping improvements that Council Members Scott and Chesney had mentioned.
Mr Kelly stated that while the city as a whole benefited economically from the Port and
the refineries, the Hillcrest area disproportionately bore the burden of living next to these
industries The residents preferred that the plant be located on the north side of the channel,
but we were willing to compromise by accepting a site on their side of the channel as long as it
was further removed from them. He felt, therefore, that the city should be sensitive to their
needs by moving the new wastewater treatment plant farther from their area, as they requested.
Mr. Kelly made a motion to direct staff to begin negotiations to relocate the Broadway
Wastewater Treatment Plant to Site 3A (Citgo), seconded by Mr. Noyola. The motion failed with
the following vote: Kelly, Marez, and Noyola, voting "Aye"; Garrett, Chesney, Cooper, Garcia,
Kinnison, and Scott, voting "No".
Mr Marez spoke in favor of locating the new wastewater plant in Site 3A (Citgo) rather
than the Flint Hills site. He felt the stigma of locating a wastewater treatment plant in the
Hillcrest area could kill the neighborhood. The city had heeded the requests of other
neighborhood associations opposed to zoning and other issues, and he asked the Council to
heed the Hillcrest Resident Association's request. As good as the current technology was, he
felt the responsible action was to locate the plant at the Citgo site, despite the cost difference.
He asked the Council to reconsider their motion.
Mr. Scott strongly disagreed with Mr. Marez's comments. Mr. Scott asked if the Council
should include provisions for landscaping on and off site if the Flint Hills site was selected. City
Manager Noe replied the Council could emphasize the landscaping requirement in their motion
today. The Council would soon review the project budget, and staff would include landscaping
in the design and funding. He said the neighborhood would be included in the dialogue
regarding improvements.
Mr. Garcia thanked staff and the residents for airing their views today. While Site 3A
was an improvement over Site 3, Mr. Garcia could not see how an additional 600 linear feet
could be worth $3 million. In his opinion, odor problems, if any, would not be detectable from
600 feet away. He told the residents that the city did not take these decisions lightly. Working
Minutes - Regular Council Meeting
February 28, 2006 - Page 27
with the city manager, Mr. Garcia said the city was willing to make efforts to help the
neighborhood.
Mr. Kelly stated that if the Council chose the Flint Hills site, he wished to emphasize that
the city had to make every effort to minimize the negative impact to the community. He wished
to see a number of projects to offset any negative effect on their property values.
Mr Noyola stated that he would continue to support the Hillcrest area. He pointed out
how economically disadvantaged the area was and how few options the residents had. He
wished the Council would heed the residents' request for help, but acknowledged that he could
only cast one vote.
Mr Chesney took exception to the personal comments being made in this discussion.
He pointed out that the Council did not always side with the neighborhood associations, such as
during the skate park issue affecting the Del Mar neighborhood. As an at-large Council
member, he represented the city as a whole, and had to make decisions that benefited the
entire community. He pointed out that he had asked staff to postpone action for 30 days hoping
that staff could find a viable alternative to the Flint Hills site. Ultimately, he said the logical
decision was to place the plant at the Flint Hills site based on the facts, not emotions. He again
spoke in favor of landscaping and other amenities around the plant for the neighborhood.
Mr. Marez took exception to Mr. Chesney's comments about the skatepark issue
because he did not it could be compared to today's issue. He said placing a skate park near the
Del Mar area was not comparable because it would not create the perception that the city did
not care about them.
City Secretary Chapa polled the Council for their votes as follows on Item 34 as follows:
34. MOTION NO. 2006-071
Motion authorizing the City Manager or his designee to enter into negotiations to
purchase Flint Hills Tank Farm site (Site 4) for the location of the new Wastewater
Treatment Plant.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kinnison, and Scott, voting "Aye"; Kelly, Marez, and Noyola,
voting "No".
* * * * * * * * * * * * *
Mayor Garrett referred to Item 30, the Building Standards Board appeal, and asked if
staff had completed their discussions with the property owners. City Manager Noe provided a
draft motion and attachment for the Council's consideration.
Mr. Scott asked why staff didn't include a provision in which Mr. Ismael Garcia would
compensate the city for the costs expended in pursuing the case. Mr. Hal George replied staff
had indicated that they did not have those figures. Assistant City Manager Margie Rose added
that staff did invoice Mr. Garcia for mowing high weeds, and Mr. Garcia had paid the fees. Staff
was unable, however, to arbitrarily develop a figure for staffs time. Council Member Garcia
agreed with Ms. Rose. A motion was made and seconded to approve the proposed motion with
the following vote:
Minutes - Regular Council Meeting
February 28, 2006 - Page 28
30. MOTION NO. 2006-065
Motion to deny the appeal in part, thereby, upholding the order of the Building Standards
Board requiring the demolition of the structure, and to sustain the appeal in part, thereby,
reversing the requirements to (1) demolish the foundation, driveway, and underground
utilities and (2) obtain a demolition permit within 30 days, and in lieu thereof based on
the evidence offered and as a modification to the Board's order, the terms of the
attached agreed order, including a restrictive timeline, are hereby submitted.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was
absent.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 36 regarding a donation agreement for the
Columbus Ships. City Attorney Mary Kay Fischer reported that the Spain-U.S.A. Foundation
wished to donate the Columbus Ships to the City of Corpus Christi. She said all five interested
entities have signed a Consent and Release form in regard to the ships. Staff prepared a
donation agreement to donate, transfer, and assign the ships as is to the City of Corpus Christi.
She said today's resolution would authorize the City Manager or his designee to sign the
agreement.
No one in the audience commented regarding the item. City Secretary Chapa polled the
Council for their votes as follows:
36. RESOLUTION NO. 026670
Resolution authorizing the City Manager or his designee to sign a donation agreement
donating Columbus Ships to City of Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Noyoia, and Scott, voting "Aye"; Marez was
absent.
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe stated that a
Neighborhood Pride Meeting would be held this evening at 6:00 p.m., Oso Recreation Center.
He noted that the Council should have received a copy of the scheduled Neighborhood Initiative
meetings scheduled for the next several months.
Mr Noe reported that the deadline to submit applications for the Citizen University
Program was tomorrow at 5:00 p.m. Applications could be submitted online through the city's
website or at the Public Information Office, 5th floor City Hall. The seven-month program was
designed to educate citizens on city programs.
Mr. Noe stated that staff could schedule an update on the improvements to the
development services process either on March 21 or April 11.
Mayor Garrett recognized Cullen Middle School for their technological savvy, noting that
students did most of their schoolwork on laptop computers rather than using textbooks. He said
Baker Middle School also used laptops. Mr. Noe replied that the city was working with CCISD,
Minutes - Regular Council Meeting
February 28, 2006 - Page 29
Cullen Middle School, and Intel to allow students to access the internet through a special portal
In the WiFi network.
Mayor Garrett asked for Council reports. Mr. Noyola pointed out that hurricane season
was almost here, and he asked for an update on the city's evacuation plans for persons with
disabilities. Mr. Noe replied a special group was currently developing an evacuation plan for
persons with disabilities.
Mr Scott asked for a status report on the riding stables on the Island, stating that he had
received a report that the situation was worsening. Director of Development Services Barbara
Holly replied that the city had currently filed 52 citations against the property owner. She said
his attorney, John Bell, was working with the property owner so he would comply with the law.
Mr. Scott asked for an update on the Meldo Park code enforcement issue. Ms. Holly
replied that Neighborhood Services was taking the lead on the issue with Development Services
providing support services. She said the property had been cited for illegal land use by running
a group home in a residential area. The issue would then be referred to Municipal Court if the
property owner did not comply within 60 to 90 days. City Manager Noe said staff would follow
the case closely.
Mr Scott referred to an article in the newspaper stating that the Council was dismissing
Mr. Scott's Citizen of the Year award presented at the last Council meeting. He said the Council
was only being facetious, and he was not offended in any way.
Mr Garcia asked about the racial profiling report in the City Manager's report. Acting
Police Chief Bung was not present, so Mr. Noe said he would set up a meeting. Mr. Garcia said
he was pleased with the report overall.
Mr Garcia thanked City Engineer Escobar for promptly responding to his concerns on a
number of street issues in northwest Corpus Christi. He also thanked Ms. Yvonne Haag for
handling a code enforcement issue involving a boat dumped in a subdivision.
Mr Garcia asked Assistant City Manager Oscar Mal iinez about zoning issues related to
the Memorial Coliseum RFP. Mr. Martinez replied the zoning was a non-issue at this point, but
might need to be addressed later in the negotiations. In response to Mr. Garcia's question, Mr.
Martinez replied that at no time did staff state that the city preferred to keep the existing zoning
in the area Mr. Martinez also clarified that the city had not committed to helping anyone apply
for additional funding, and had made clear that the city was not going to invest any money in the
project, besides city incentives.
Mayor Garrett recognized Ms. Kaye Noyes, 930 Coral, who spoke in support of
preserving the Memorial Coliseum.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 4:00 p.m on February 28, 2006.
* * * * * * * * * * * * *
2
a. BUILDING STANDARDS BOARD - Two (2) vacancies with three-year terms to 3-03-09
representing the following categories: 1 - Member at Large and 1 - chosen from: realtor, architect,
engineer, general contractor, homebuilder or building materials dealer.
DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to
secure the beneficial interests and purposes of safety, health, and general welfare, through structural
strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and
other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of
building or structure.
COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the
City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect, engineer,
general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year
staggered terms. Elects its own chairman.
MEMBERS
*****Williarn M. McGuire (Architect), Chair
Renee L. Carter (Member at Large)
Jesus J. Jimenez (Engineer)
Gregory Glen Spivey (Attorney)
*Frank Hastings (Member at Large)
John B. Smith (Member at Large)
David Amori (Engineer)
TERMS
3-03-06
3-03-08
3-03-08
3-03-08
3-03-06
3-03-07
3-03-07
ORIGINAL
APPTD. DATES
4-11-00
5-17-05
5-17-05
5-17-05
5-17-05
5-24-05
5-17-05
*Seeking reappointment
*****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Frank Hastings (At Large)
NO. OF MTGS.
THIS TERM
3
NO.
PRESENT
3
% OF ATTENDANCE
LAST TERM YEAR
100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Rod Carpenter
Pastor, Solid Rock u.P.c. Member of the Corpus Christi
Partnership Council and received the Governor's Volunteer
Award. (Member at Large) (5-05-05)
Lisa Huerta
Vice President, Kendall Erosion Control Services.
Activities include: Membership Chairman for the National
Association of Women in Construction, Association of
General Contractors, and National Association of
Homebuilders. (Building materials dealer) (4-15-05)
Lorenzo Knowles
Employed with Department of Justice Weed and Seed.
Chairman of the Texas Youth Committee. Recipient of the
J efferson Award. (Member at Large) (3-08-06)
Jack L. M erchand, II
Retired. Member of the Citizens Police Academy Alumni
Group. Active in the Flour Bluff area to enforce code
enforcement issues and address issues to City. (Member at
Large) (5-04-05)
Roy Ortega Jr.
General Manager, The Mobility Store, Inc. Attended Del
Mar College and numerous service schools. Interested in
community involvement. (Member at Large) (5-05-05)
Enrique M. Salinas
Retired. Graduate of high school and attended some
college. Active Neighborhood Improvement Program
volunteer. (Member at Large) (5-04-05)
Kazar Michael Shooshan
Self-employed. Received an Associate's degree and
currently pursuing a Bachelor's in Engineering. Active
member of Neighborhood Watch Program, NIP and Scout
Leader. (Member at Large) (5-04-05)
Ted M. Stephens
Self-employed. Graduate of Mechanical Engineering at the
University of Texas. Activities include: Downtown
Management District, former member of Storm Water
Management Advisory Committee, member of Bucaraders,
Founding member of the Westside Business Association
and Life Member of American Society of Heating,
Ventilating, Air Conditioning and Refrigeration Engineers.
(Engineer or building materials dealer) (3-02-06)
Richard Stracener
SaleslRental, Waukesha-Pearce Ind. Attended Glendale
Community College in Glendate, Arizona and Del Mar
College. Current Chairman of the Associated Builders and
Contractors. (Building Materials dealer) (4-29-05)
Alfonso 1 rujano .Ir
Senior Designer/Project Manager, Maverick Engineering,
Inc. Received B.S. in Civil Engineering and Graduate
courses on Civil Engineering. Secretary of the American
Society of Civil Engineers and TSPE member. Received
the Excellence on Leadership Award and nominated for
2004 Torch Award for Marketplace Ethics. (Engineer) (4-
19-05)
b. LEADERSHIP COMMITTEE FOR SENIOR SERVICES - Ten (10) vacancies with terms to 2-01-
07 and 2-01-08 representing the following categories: 2 - Agency, 1 - Senior center, 2 - Senior
Companion Program (SCP) and 5 - Community.
DUTIES: To assist the Senior Community Services division staff in the development of comprehensive
senior citizens program plans; to advise the SCS division staff of the needs for services according to
locally conceived priorities; to review and evaluate SCS operations; to increase recognition of
volunteers and public awareness of the division by coordinating and planning special events; and to
coordinate and plan fund raising activities to benefit SCS division goals.
COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center
participants, 2 - Retired and Senior Volunteer Program (R.S.V.P.) volunteers, 2 - Senior Companion
Program (S.C.P.) volunteers, 3 - Direct service agencies, and 6 - Community representatives. Initially,
eight (8) members shall be appointed for a term of one-year and seven (7) members shall be appointed to
two-year terms.
MEMBERS
Roland Medrano (Agency), Chair
Alan D. Bligh (Community), Vice-Chair
**H. Rex Amick (Agency)
Marion Ball (Senior ctr.)
******Pauline Johnson (Senior ctr.)
Kathy Horron (R.S.V.P.)
Donna Marie Cisneros (R.S.V.P.)
* Apolonia Cantu (S.c.P.)
***Teresa Martinez (S.c.P.)
***Lou Trlica (Agency)
*Barbara Deguzis (Community)
* Anna Gonzales (Community)
***Yvonne Mendez (Community)
*Jerry Wagoner (Community)
*Hope Franklin (Community)
TERM
2-01-07
2-01-07
2-01-06
2-01-07
2-01-06
2-01-07
2-01-07
2-01-06
2-01-07
2-01-07
2-01-06
2-01-06
2-01-07
2-01-06
2-01-06
ORIGINAL
APPTD. DATE
2-12-02
2-12-02
2-12-02
2-12-02
2-12-02
2-15-05
2-10-04
2-12-02
2-15-05
2-10-04
2-10-04
2-12-02
2-15-05
10-12-04
2-10-04
* Seeking reappointment
**Not seeking reappointment
***Resigned
******Deceased
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Apolonia Cantu (SCP)
Barbara Dequzis (Comm.)
Anna Gonzales (Comm.)
Jerry Wagoner (Comm.)
Hope Franklin (Comm.)
NO. OF MTGS.
THIS TERM
10
10
10
10
10
NO.
PRESENT
8
9
10
9
7 (3 exc.)
% OF ATTENDANCE
LAST TERM YEAR
80%
90%
100%
90%
70%
OTHER INDIVIDUALS EXPRESSING INTEREST
Mary Garana Allen
Trinidad Benavides
Hortencia Cisneros
Lupita Jimenez
Miltan A. Martiz
Judy E McNamera
Guillermo "Willie" Perez
.lames D. Robbins
Manager of Volunteer Services, VistaCare. Received B.A.
in English/Spanish from Incarnate Word College and M.A.
in English/Italian from the University of Texas. Activites
include: Former trainer for the AARP, ESL committee and
Committee on Senior Affairs. (Agency) (3-10-06)
Senior Companion Program Volunteer, Senior Community
Services. Received B.A. in Administration from Texas A
& M University. Recipient of the Volunteer Center STAR
Award for 2005. (SCP) (11-22-05)
Retired. Activities include: Crown Club, Senior Texas,
RSVP volunteer, North American Seniors, Folkorico
Entertainer and Ms. Coastal Bend Senior Pageant
Committee. (RSVP) (2-12-05)
Manager, Elder Health Inc. Holds a Group I License.
Participated in the Coastal Bend Senior Pageant. Received
the President's Sales Club Award and the Customer Service
Representative Award. (2-21-06) (Agency)
Retired Unit Manager, Texas Department of Human
Services. Received B.S. from University of Panama and
M.A. from Loyola University. Certified as a Registered
Nurse. Activities include: Southwestern Group
Psychotherapy Association, South Texas Social Workers
Association, AARP and attends a senior center. (Senior
center) (3-06-06)
Administrator, Caring Senior Service. Received B.S. from
Texas A & M University - Kingsville. Activities include:
member of the STSWS and TRACM. (Agency) (4-29-05)
Retired Assistant Principal, CCISD. Received B.S. in
English/History, and M.S. in Mid-Management
Administration. Activities include: LULAC, GI Forum,
Retired Teachers, Leadership Corpus Christi and Disabled
Veteran. (Community) (7-12-05)
Retired Civil Service and U.S. Army, Army Pilot and Air
Traffic Controller. Received A.S. at North Lake College.
Attended Southwestern Baptist Theological Seminary and
Howard Payne University for Ministry. Member of the
Vietnam Helicopter Pilots Association, Association of U.S.
Army and Amry Aviation Association of America.
(Community) (2-24-05)
Jose Ramirez
Retired. Attended Odem Independent School District.
Current member of the Senior Companion Volunteer for
Senior Community Services. (SCP) (3-09-06)
Joan Veith
Retired, current Community Activist. Attended Sam
Houston College and Del Mar College for Continuing
Education. Activities include: C.C. Barrios Association,
LUV, and Neighborhood Initiative Program.
(Community) (1-12-06)
c. MECHANICAL/PLUMBING ADVISORY BOARD - Six (6) vacancies with terms to 1-02-07 and 1-
02-08 representing the following categories: 1 - Master Plumber, 1 - Mechanical Engineer, 1 -
Plumbing trade, 1 - Air Conditioning, 1 - Home Builder, and 1 - Not connected with building industry.
DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and
mechanical fields which it feels should be brought to their attention. To prescribe a procedure for
hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing
Code and Mechanical Code.
COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least five
years active experience as a plumber licensed in the State of Texas, at least three years of which shall
have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold
Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer,
who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years
experience in the home building industry; 1- person with at least 5 years experience in the commercial
building mdustry; 3 - persons with at least 5 years active experience in heating, ventilation, air
conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not
connected with the building industry; and 1 - person who shall have at least 5 years of active experience
m landscape irrigation and is licensed as an Irrigator by the State of Texas. Six members constitute a
quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an
official action of the Board
MEMBERS
*****Patrick Scarpulla (Master Plumber), Chair
VACANT (Not conn. bldg. ind.)
Bob Hughes (Air Conditioning),
*Mody K. Boatright (Mechanical Eng.)
Everest Huerta (Commercial Builder)
James Michael Dildy (Master Plumber)
*James Horman (Master Plumber)
*Mike Wanzer (Air Conditioning)
Scott Corliss (Air Conditioning)
* John Tucker (Home Builder)
H. Ray Johnson, Jr. (Irrigator)
TERM
1-02-06
1-02-07
1-02-07
1-02-06
1-02-07
1-02-07
1-02-06
1-02-06
1-02-07
1-02-06
1-02-07
ORIGINAL
APPTD. DATE
8-11-99
9-09-03
1-08-02
1-18-05
1-18-05
1-13-04
1-18-05
1-14-03
1-08-02
3-19-02
*Seeking reappointment
*****Has met the six-year limitation allowed by ordinance and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
Mody K. Boatright (Mech. Eng.) 4
James Horman (Master Plumb.) 4
Mike Wanzer (Air Cond.) 4
John Tucker (Home Builder) 4
NO.
PRESENT
3
3
4
o
% OF ATTENDANCE
LAST TERM YEAR
75%
75%
100%
0%
(Note: The City Secretary's Office was not notified of John Tucker's attendance record. Mr. Tucker
was absent due to his involvement with State level meeting regarding MechanicaVPlumbing issues.
Mr. Tucker is requesting reappointment.)
OTHER INDIVIDUALS EXPRESSING INTEREST
Rene O. Carrasco
Owner, Absolute Air. Received Air ConditioningIHeating
Technical Degree from Del Mar College and NATE
certification. Activities include: Habitat for Humanity and
the Hispanic Chamber of Commerce. (Air conditioning)
(10-11-04)
Vincent Doyle
Engineering Services, Corpus
Graduate of Trade Vocational.
community. (2-23-05) (Not.
Industry)
Christi Army Depot.
Interested in servicing
Conn. with Building
Bruce D. Hamende
Owner/President, Bruce D. Hamende Air Conditioning and
Heating Inc. Certified in Applied Science - Air
Conditioning. Activities include: Assistant Scout Master,
Venture Advi50r and Past President of CBACCA. (Air
Conditioning) (3-09-05)
Elvin P. O'Bryan
Construction Manager, Gentry Construction. Attended
Austin Community College and the University of Texas.
Activities include: former member of
Mechanical/Plumbing Advisory Board and current member
of the c.c. Development Board. (2-21-06) (Plumbing
industry or Master Plumber)
Bhaskar Patel
Project Engineer, Maverick Engineering, Inc. Received
M.S. in Engineering from Texas A & I University -
Kingsviile and is a registered professional engineer.
Current board member of the Coastal Bend Volunteer
Center. (Mechanical Engineer) (12-05-05)
Wade Perkins
Supervisor, Custom Filtration and Plumbing. Licensed as a
Journeyman Plumber. (Plumbing trade) (1-10-05)
Ralph Pitzner
Partner, GPM Engineering. Received B.S. in Mechanical
Engineering from the University of Texas. Activities
include: American Society of Heating, Refrigeration and
Air Conditioning Engineers, National Society of
Professional Engineers, International Code Congress, C.C.
Plumbing and Air Conditioning Contractors Association
and YWCA Building Committee. (Mechanical Engineer)
(2-09-06)
Julio Sanchez
Owner, Mr. Freeze Air Conditioning and Management.
Received T.S.T.C. training in Waco, Texas. Licensed in Air
conditioning. (Air conditioning) (1-05-05)
Shayne Schroeder
Owner, Shayne Schroeder Custom Homes, LLC. Received
B.S. in Construction Technology from Southwest Texas
State University. Current Vice President of the Builders
Association of Corpus Christi. (Home Builder) (2-2-04)
3
AGENDA MEMORANDUM
RECOMMENDA TION: Motion approving a supply agreement with Marshall 1. Brown Company,
Stafford, Texas for approximately 48 ball valves ranging in size from 2" to 8" in accordance with Bid
Invitation No. BI-0079-06, based on only bid for an estimated annual expenditure of$27,375. The
term ofthe contract will be twelve months with an option to extend for up to two additional twelve
month periods, subject to the approval of the supplier and the City Manager or his designee. Funds
have been budgeted by the Gas Department in FY05-06.
****************************************************************************
BACKGROUND:
Purpose:
The Gas Department will use these valves in the construction of new
gas lines.
Bid Invitation Issued:
6
Bids Received:
Price HIstOry:
When compared to procurements made on the open market during
fiscal year 2005, pricing has increase by 8%.
Award Basis:
Only Bid
Funding:
Gas Department
520160-4130-34130
$27,375.00
TOTAL
$27,375.00
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
DATE: 1/12/06
BID TABULATION BI-0079-06
Weld-by-Weld Ball Valves
Marshall J. Brown Co. Inc
Satfford I Texas
Unit I Extended
Item Description Qty. Price Price
1 2" Weld-by-weld ball valve 30 $200.00 $6,000.00
2 4" Weld-by-weld ball valve 7 625.00 4,375.00
3 6" Weld-by-weld ball valve 7 900.00 6,300.00
4 8" Weld-by-weld ball valve 3 2200.00 6,600.00
5 10" W eld-by-weld ball valve 1 4,100.00 4,100.00
TOTAL
27,375.00
4
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of playground equipment from Gametime
Total Recreation, Cypress, Texas for the total amount of $44,153.15. The award is based on the
cooperative purchasing agreement with the Texas Local Government Cooperative. The Parks &
Recreation Department will place these items in five local parks. Funds are available through the Parks &
Recreation CI PFund.
*******************************************************************************************
BACKGROUND
Purpose:
This playground equipment will be placed in five local parks: Village on the
Green Park, Mobile Park, Westchester Park, Overland Meadows Park, and
H.J. Williams Park.
Award Basis:
This equipment is purchased through the Texas Local Government
Purchasing Cooperative's electronic purchasing system, called the Buy
Board. The Cooperative is administered by the Texas Association of
School Boards and is endorsed by the Texas Municipal League (TML) and
the Texas Association of Counties (TAC) and abides by all Texas statutes
regarding competitive bidding requirements. Gametime Total Recreation
will be the delivering and servicing dealer on this equipment.
Funding:
Parks & Recreation - 550030-3289-00000-150591
$44,153.15
Michael Barrera,
Procurement & General Services Manager
CITY OF CORPUS CHRISTI BID TABULATION
PURCHASING DIVISION BI-0118-06
BUYER: GINA SANCHEZ PLAYGROUND EQUIPMENT FOR BOND PARKS
GAMETIME TOTAL RECREATION
Cypress. TX
UNIT EXTENDED
ITEM DESCRIPTION QTY UNIT PRICE PRICE
1 ) 8' Stainless Steel Straight Chuter Slide 5 each $ 3,702.15 $ 18,510.75
2) Add-a-bay 4 each $ 265.05 $ 1,060.20
3) Basketball Post Cantilevered Post 2 each $ 322.05 $ 644.10
4) Cast Aluminum Basketball Backboard 2 each $ 495.90 $ 991 .80
5) Ribbon Wall Climber, 8' Wall 4 each $ 4,782.30 $ 19,129.20
6) Standard Goal with Nylon Net 2 each $ 85.50 $ 171.00
7) T -Frame Swing 2 each $ 804.65 $ 1,609.30
8) Three-leg Heavy Duty Swing Frame 4 each $ 509 .20 $ 2,036.80
Total $ 44,153.15
5
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of playground equipment from Childs Play
Inc., Dallas, Texas for the total amount of $26,950.00. The award is based on the cooperative purchasing
agreement with the Texas Local Government Cooperative. The Parks & Recreation Department will
place these items in Billish Park. Funds are available through the Parks & Recreation CIP Fund.
*******************************************************************************************
BACKGROUND
Purpose:
This playground equipment will be placed in Billish Park.
Basis of Award:
This equipment will be purchased through the Texas Local Government
Purchasing Cooperative's electronic purchasing system, called the
BuyBoard. The Cooperative is administered by the Texas Association of
School Boards and is endorsed by the Texas Municipal League (TML) and
the Texas Association of Counties (TAC) and abides by all Texas statutes
regarding competitive bidding requirements. Childs Play Inc. will be the
delivering and servicing dealer on this equipment.
Funding:
Parks & Recreation 550030-3289-00000-150591
$26,950.00
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GINA SANCHEZ
BID TABULATION
BI-0117 -06
PLAYGROUND EQUIPMENT FOR BILLlSH PARK
ITEM DESCRIPTION
CHILDS PLAY INC.
Dallas, TX
UNIT EXTENDED
QTY UNIT PRICE PRICE
1) Climbing Rock - Boulder
each $ 21 ,943.25 $ 21,943.25
2) Climbing Rock - Sphere
1 each $ 5,006.75 $ 5,006.75
Total
$ 26,950.00
6
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Bay, Ltd., Corpus Christi, Texas for
approximately 10,000 tons of hot mix asphalt- type 0 in accordance with Bid Invitation No. BI-0093-06 based on
low bid for an estimated semi-annual expenditure of$476,900.00. The tenn ofthe agreement shall be for six months
with an option to extend for up to four additional six month periods, subject to the approval of the supplier and the
City Manager or his designee. Funds have been budgeted by Street Services in FY 05-06.
*****************************************************************************************
Purpose:
This material is used by Street Services to patch utility cuts made in City streets
and to correct pavement irregularities which extend the life of the pavement and
provide a smoother riding surface.
Bid Invitations Issued:
2
Bids Received:
2
PreVIOUS Contract:
The option to extend the current contract was not exercised due to the vendor's
inability to maintain current pricing.
Price Analysis:
When compared to the previous bid of2005, pricing has increased approximately
34 %. The vendor states that the price ofliquid asphalt has risen dramatically due
to the high price of crude oil.
BasIS of Award
Low Bid
Funding:
Street Reconstruction
520130-1020-12410
$154,770.4 7
Street Utility Cut Repairs
520130-1020-12420
$ 32,299.93
Asphalt Maintenance
520130-1020-12430
$289.829.60
TOTAL
$476,900.00
CITY OF CORPUS CHRISTI
PURCHASING DEPARTMENT
BID TABULATION
BID INVITATION NO.: 81-0093-06
HOT MIX ASPHALT
BUYER: MARIA GARZA
BAY L TO. HAC MATERIALS, L TO.
CORPUS CHRISTI, TX CORPUS CHRISTI, TX
UNIT I TOTAL UNIT I TOTAL I
ITEM DESCRIPTION OTY UNIl PRICE PRICE PRICE PRICE
'1 HOT MIX ASPHALT - TYPE 0 10,000 Ton $47.69 $476,900.00 $47.75 $477,500.00
TOTAL:
$476.900.00
$477,500.00
7
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase ofan audio video system for the Police
Department executive conference room from Visual Innovations Company, Inc. San Antonio,
Texas in accordance with the State of Texas Cooperative Purchasing Program for a total amount
of$36,668.03. Funds are available from the Police Department Justice Assistance Grant.
*************************************************************************************
Purpo se
This purchase will add equipment to the Police Department
executive conference room located on the fifth floor of the
building. The equipment consists of a projector, screen,
monitor, audio system, DVDNCR unit, conference phone,
control package and other related accessories required to
make the system operational. The equipment will be
integrated with the network in place in the building and
assist the Police Department in providing EOC support
during emergency situations. The contractor will supply,
install and provide warranty support service for the system.
Basis of Award:
State of Texas Cooperative Purchasing Program-Catalog
Information Systems Vendor.
Funding:
Justice Assistance Grant
520090-00000-1061-820805
,\
Michael Barrera
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER MICHAEL BARRERA
ITEM
DESCRIPTION
$ 36,668.03
1) Audio video equipment including large
screen monitor, projector screen,
ceiling speakers, conference phone,
control panel, installation and accessories.
PRICE SHEET
BI-0136-06
Audio Video Equipment for Police Department
Visual Innovations Co., Inc
San Antonio, Texas
8
COUNCIL MEMORANDUM
A. ORDINANCE: Ordinance appropriating $146,524.60 from the State Homeland Security
Grant Program in Fire Grants Fund 1062 for the purchase of a building access and security
system for City Hall, the Police Administration building and the Marina; and declaring an
emergency.
B. MOTION: Motion approving the purchase of two new security systems and an upgrade to
the City Hall security system from Total Protections Systems, Corpus Christ~ Texas for a
total amount of$146,524.60. The award is based on the cooperative purchasing agreement
with the State of Texas. Two new security systems will be installed at the Police Department
and Marina. Funds are available from the State Homeland Security Grants Program.
******************************************************************************
Purpose
The City has contracted with Total Protection Systems, Inc. for
building security/access for various facilities requiring controlled
access to the buildings. This upgrade to City Hall will enhance the
current system to allow the system to be integrated with the Water
Utilities Building, Wesley Seale Dam and the O.N. Stevens Water
Filter Plant. It will provide for a single card to be used for
Identification, access to the building and payroll. The system at
the Police Department building will provide for entry point control
of the building. The system at the Marina will provide for access
control of the slips by tenants.
Basis of Award:
Cooperative Purchasing Agreement with the State of Texas -
CISV - Catalog Information Systems Vendor. Total Protection
Systems. Inc. has installed the existing security/access control
systems at the above referenced facilities and is considered a sole
source provider due to system compatibility requirements.
Funding
Homeland Security Grant
520090-00000-1062-820542
$146,524.60
Price Sheet
Upgrade to City Hall Secwity System, two new seclMity systems at Police Department and Marina
Buyer' Michael Barrera
City Hall
Access Control Upgrade
ITEM DESCRIPTION QTY. UNIT COST UNIT EXT
1 Software: Ultra TItanium 1 $14.500.00 $14,500.00
2 Ucense; Work StationIBadae 10 2.000.00 20,000.00
~. 3 Micr060ft Windows 2000 and SQL Server 2000 1 4,000.00 4,000.00
4 Video Board; use with RS2-3.59-BADGE 1 7SO.00 750.00
5 Camera; use with RS2-3.59-BADGE 1 850.00 850.00
f-- 6 Badge Printer; Dual Hoooer 1 5,325.00 5,325.00
~- RIbbon; Full Color, use with DTC510 16 180.00 2,880.00
8 Buildlna Controller wlLAN Interface 2 1,821.60 3,643.20
9 RS485 Data Multiolexer; 8 Channel 1 567.00 567.00
10 Dual Reader Interlace and Door Control Module 3 762.00 2,286.00
11 Sh:ii8 Reader Interlace and Door Control Module 19 345.60 6,566.40
12 Input Board; 16 Channel 1 896.00 896.00
13 Hardware Enclosure; use with FES-MR-50/52 and SCP-E 9 243.00 2,187.00
14 Power Suoolv; Linear, Batterv Charoer, Fail Det. (use with FES-NCll 9 108.00 972.00
15 Transformer; Ooen Chassis (use with FES-L1NPSl 9 50.40 453.60
16 Adaotor Panel; use with MR-50 and RES-NCl 8 18.00 144.00
17 Power Suoplv; 16 Channel, Fused 2 288.00 576.00
18 Database Conversion ITI NT 4.0 to RS2 ENTERPRISE and HR Badaina to RS2 ENTERPRISE 1 6,800.00 6.800.00
19 Card Reader; Proximity, Standard Rance, 12Vdc 20 300.00 6,000.00
20 Card Reader; Proximity, Lona Rance. 2Vdc-2Amp 1 900.00 900.00
~. 21 Power Suoply; 24Vdc-2Amo 1 150.00 150.00
22 He ISOProx II Access Card; Graohics Qualitv 4000 5.95 23,800.00
Instalation and T estina -
23 190 97.50 18,525.00
-_. -.
Section Total $122,771.20
Police Station
Phase 1 Access Control
ITEM DESCRIPTION QTY. UNIT COST UNIT EXT
1 License; Work StationlBadae 1 $2,000.00 $2,000.00
2 Controller wlLAN Interlace 1 1,821.60 1,821.60
3 Dual Reader Interlace and Door Control Module 1 762.00 762.00
4 ISilaIe Reader Interlace and Door Control Module 4 345.60 1,382.40
5 Hardware Enclosure; use with FES-MR-SO/52 and SCP-E 1 243.00 243.00
6 Power Supply; Linear, Batterv Charger. Fail Det. (use with FES-NCll 1 108.00 108.00
7 Transformer; Open Chassis {use with FES-L1NPSl 1 50.40 50.40
8 IAdaotor Panel; use with MR-50 and RES-NCl 1 18.00 18.00
9 Power Supply; 16 Channel, Fused 1 288.00 288.00
10 Card Reader; ProximitY, Standard Ranoe, 12Vdc 6 300.00 1,800.00
11 HYbrid Reader Cable 2000 1.00 2,000.00
_-.!.~.- Installation and T estinQ 80 85.00 6,800.00
--...---.--.------
Section Total $17,273.40
Marina
Phase 1 Prox-Fobs
L IT~:J::: FO~
DESCRIPTION
UNIT EXT
$6,480.00
Section Total $6,480.00
Grand Total: $146,524.60
AN ORDINANCE
APPROPRIAnNG $146,524.60 FROM THE STATE HOMELAND
SECURITY GRANT PROGRAM IN FIRE GRANTS FUND 1062 FOR THE
PURCHASE OF A BUILDING ACCESS AND SECURITY SYSTEM FOR
CITY HALL, THE POLICE ADMINISTRATION BUILDING AND THE
MARINA; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $146,524.60 from the State Homeland Security Grant Program is
appropriated in the No. 1062 Fire Grants Fund for the purchase of a building access
and security system for City Hall, the Police Administration building, and the Marina to
address homeland security issues.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 21st day of March, 2006.
ArreST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED:
w{ Mr-fL If( , 2006
,
By:
~r
Joseph mey ~/
Assistant City Attorney
For City Attorney
OJ'Cl..Appr -Fire-HS2
2
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: 1Iwe, 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
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
9
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
City Council Action Date:
03/21/06
A ResolutIOn authorizing the City Manager, or his designee, to accept a grant from the Texas
Department of Public Safety in the amount of $13,000.00, for hazardous materials emergency
preparedness planning activities, in the no. 1062 Fire Grants Fund.
B. Ordinance appropriating $13,000.00 from the Texas Department of Public Safety in the no. 1062
FIre Grants Fund for hazardous materials emergency preparedness planning activities; and declaring
an emergency.
ISSUE: Nueces County is a highly industrialized conununity with a high risk for emergencies involving
hazardous materials. Nueces County has major hazardous material highway transportation routes (i.e. IH-37;
usn; etc.), major railways (TexMex and Union Pacific), over 10 major petroleum/chemical plants, a military
base, and the 7th largest port in the U.S. In 2004, over 300 facilities reported using, storing, or manufacturing
a hazardous substance or extremely hazardous substance above its Threshold Planning Quantity. Over 90
percent of the County's 317.000 people live within 10 miles of a "high risk" area.
The grant will allow the LEPC to conduct a Spring Public Awareness Campaign on Hazardous Materials
Emergencies. The campaign will begin with the distribution of 89,000 brochures as an insert in the City of
Corpus Christi Utility bill. In addition, 25,000 book-covers with the Personal Safety Plan message will be
distributed to selected Nueces County schools. A functional or full-scale exercise is also planned to test the
emergency operations plans of both urban and rural emergency response agencies.
The total project cost is $16,250.00 and requires a hard or soft match of 20% ($3,250.00). The LEPC is
expecting to rely on soft match funds, however, funds for a possible hard match have been budgeted by the
Local Emergency Planning Conunittee in the FY 2005-2006 budget.
REQUIRED COUNCIL ACTION: Council approval.
PREVIOUS COUNCIL ACTION: On October 18,2005 Council approval a resolution authorizing the City
Manager, or his designee, to submit a grant application to the Texas Department of Public Safety Division for
Hazardous Materials Emergency Preparedness Planning.
CONCLUSION AND RECOMMENDATION Staffreconunends approving the ordinance to appropriate a
grant in the amount of $13,000.00 received from the Texas Department of Public Safety Division of
Emergency Management for Hazardous Materials Emergency Preparedness Planning.
-~
Acting Fire Chiefi'LEPC Chairman
Attachments:
1. Resolution and Ordinance
2. Award Letter
C\Documents and Settings\MIS\My Documents\LEPC\Lepc grant accept 206-07.doc
BACKGROUND INFORMATION
The Local Emergency Planning Committee (LEPC) has approved the grant from the Texas
Department of Public Safety and has also approved the expenditure of funds for the match
requirement.
C:\Documents and Settings\MISIMy Documents\LEPC\Lepc grant accept 206-07.doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE. TO
ACCEPT A GRANT FROM THE TEXAS DEPARTMENT OF PUBLIC
SAFETY IN THE AMOUNT OF $13.000.00. FOR HAZARDOUS
MATERIALS EMERGENCY PREPAREDNESS PLANNING ACTIVITIES.
IN THE, NO. 1062 FIRE GRANTS FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRlSn,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to accept
a grant from the Texas Department of Public Safety in the amount of $13,000.00 for
hazardous materials emergency preparedness planning activities, in the No. 1062 Fire
Grants Fund.
ArreST:
THE CITY OF CORPUS CHRlSn
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: ..21 ~ / ( I 2006.
By:
/4,/~
Joseph Hainey
Assistant City Attorney
For City Attorney
Reso-Fire-DPS
2
Corpus Christi, Texas
m ,2~
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Reso-Flre-DPS
AN ORDINANCE
APPROPRIATING $13,000.00 FROM THE TEXAS DEPARTMENT OF
PUBLIC SAFETY, IN THE NO. 1082 FIRE GRANTS FUND FOR
HAZARDOUS MATE~ALS EMERGENCY PREPAREDNESS
PLANNING ACTIVITIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $13,000.00 from the Texas Department of Public Safety, is
appropriated in the No. 1062 Fire Grants Fund for hazardous materials emergency
preparedness planning activities.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 21 st day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ----.Wlp.,rL I( , 2006
Henry Garrett
Mayor
By: ftL IL
Joseph Ha~- 0
Assistant City Attorney
For City Attorney
Orcl-Appro-FireDPS
2
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: Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
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
Mark Scott
GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT
Office of the Governor
RICK PERRY
( ;overnor
Mailing Address.
PO Box 4087
'\ustin, Texas 7877'-0220
Contact Numbers:
512-424-2138 Duty Hours
512-424-2277 Non-Duty Hours
512-424-2444 Fax
Physical Address:
5805 N. Lamar Blvd.
Austin, Texas 78752
STEVEN McCRAW
Director
Office of Homeland Security
JACK COLLEY
Chief
February 16, 2006
Mr. Martinez
N ueces County LEPC
2406 Leopard, Suite300
Corpus Christi, Texas 78408
Dear Mr- Martinez:
I am pleased to inform you that your Hazardous Materials Emergency Preparedness planning grant
application to conduct a chemical spill exercise/drill and conduct a public education program has been
approved by the State Emergency Response Commission (SERC) for an award of $13,000.00. This grant
has been awarded based on the City of Corpus ChristiINueces County LEPC application submitted on
October 21 , 2005.
The SERC has determined that this grant award is tendered to your jurisdiction until February 20, 2006.
Both copies of the grant contract must be signed by your fiscal agent and returned to the Governor's
Division of Emergency Management, no later then 5:00 p.m. on March 20, 2006. We will return one
copy upon final execution by the State,
You may submit bills for reimbursement of authorized expenditures monthly or as they are incurred along
v,ith supporting documentation such as cancelled checks and/or receipts. All projects must be completed
by August 31. 2006
If you have any questions, please call my program manager. Mr. Jack Whitley at (512) 424-5985.
./
/
/
JC/ejw
cc: Jack Whitley, GDEM
Comet Russell, GDEM
Denita Powell, GDEM
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03121106
AGENDA ITEM: Resolution Amending Resolution 026649 which approved submission of a grant
from the State of Texas, Criminal Justice Division for Year 7 funding available from the Victims of
Crime Act Fund for the Police Department Family VIOlence Unit, adding that in the event of the loss
or misuse of these funds, the City of Corpus Christi assures that the funds will be returned in full to
the State of Texas, Office of the Govemor, Criminal Justice Division.
ISSUE: The resolution must be amended to add a section required by the Texas Administrative
Code.
BACKGROUND: The Texas Administrative Code requires the following:
Except for applications from state agencies, each application must include a resolution from the
applicable governing body (such as the city council, county commissioners' court, school board,
or board of directors) that contains the following:
(1) authorization for the submission of the application to CJD that clearfy identifies the project
for which funding is requested;
(2) a cornmitment to provide for all applicable cash match;
(3) a designation of the title of an authorized official who is given the power to apply for,
accept, reject, alter, or terminate a grant (if this designation changes during the grant period,
a new resolution must be submitted to CJD by the governing body); and
(4) a written assurance that, in the event of loss or misuse of grant funds, the governing body will
return all funds to CJD
The State requires the resolution from the governing body to reflect the infonnation listed above.
Item 1#4 must be added to the resolution.
REQUIRED COUNCIL ACTION: Amending the resolution.
PREVIOUS COUNCIL ACTION: The Council approved the resolution to submit the application on
2/21/06.
CONCLUSION AND RECOMMENDATION: Staff recommends amending the resolution.
!!!!.~g4
Acting Chief of Police
Attachments:
RESOLUTION
AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $41,404 TO TlfE STATE OF TEXAS, CRIMINAL JUSTICE
DIVISION FOR YEAR 7 FUNDING AVAILABLE UNDER THE VICTIMS
OF CRIME ACT (VOCA) FUND FOR THE POLICE DEPARTMENT'S
FAMILY VIOLENCE UNIT WITH A CITY MATCH OF $13,853 AND
$1,600 IN-KIND SERVICES AND AUTHORIZING THE CITY MANAGER
OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT,
REJECT, ALTER OR TERMINATE THE GRANT.
BE IT RESOL VEa BY THE CITY COUNCil OF THE CITY OF CORPUS
CHRlSn, TEXAS:
secnoN 1. The City Manager, or his designee, is authorized to submit a grant
application in the amount of $41,404 to the State of Texas, Criminal Justice Division for
Year 7 funding available under the Victims of Crime Act (VOCA) Fund for the Police
Department's Family Violence Unit with a City match of $13,853 and $1,600 in-kind
services and is authorized to apply for. accept, reject, alter or terminate the grant.
ATT~
Armando Chapa
City Secretary
APPROVED'
;.. / .
, c.,,_, I y
,~
,2006.
By:
\
f~~ I t-~
Joseph H mey' \
Assistant City AttomtW
For City Attorney
Reso-grant-F amVlO1
n2f)t~4q
2
Corpus Christi, Texas
~8+ of f~
,2006
The above resolution was passed by the following vote:
Henry Garrett ~
Brent Chesney
John E Marez ~
Melody Cooper
Jerry Garcia n1
Bill Kelly ;?
Rex A Kinnison
Jesse Noyola -4
Mark Scott
R~ntnt-FamVloI
n:!r;t;/l~
RESOLUTION
AMENDING RESOLUTION 028849 WHICH APPROVED SUBMISSION OF A
GRANT FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION FOR
YEAR 7 FUNDING AVAILABLE FROM THE VICTIMS OF CRIME ACT FUND
FOR THE POLICE DEPARTMENT FAMILY VIOLENCE UNIT, ADDING THAT
IN THE EVENT OF THE LOSS OR MISUSE OF THE FUNDS THE CITY OF
CORPUS CHRISTI ASSURES THAT THE FUNDS WILL BE RETURNED IN
FULL TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL
JUSTICE DIVISION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Resolution 026649 which approved submission of a grant from the
State of Texas, Criminal Justice Division for Year 7 funding available from the Victims of
Crime Act Fund for the Police Department Family Violence Unit, is amended by adding
that in the event of the loss or misuse of these funds, the City of Corpus Christi assures
that the funds will be returned in full to the State of Texas, Office of the Govemor,
Criminal Justice Division.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: fAII~ If
,2006.
By:
Reso-grant-VQCA2
2
Corpus Christi, Texas
of I 2006
The above resotution was passed by the follOVling vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
Jesse Noyola
Mark Scott
Reso-grant-VQCA2
11
CITY COUNCIL
AGENDA MEMORANDUM
Date: March 21. 2006
AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of
$113,674 to the State of Texas, Criminal Justice Division for Year 7 funding available under the
Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit
with a City match of $27,611, $10,320 in-kind services, for a total project cost of $151,605 and
authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or
terminate the grant.
ISSUE: Seventh year funding is available from the State of Texas, Criminal Justice Division,
under the Violence Against Women Act (VAWA) that provides funds to projects with the primary
mission of reducing and preventing violence against women
BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that
utilizes officers and volunteers to contact family violence victims when a written report is made by
a field officer or from a walk-in to the unit at the Police Department. The grant currently funds
one victim case manager to contact victims who often fear retaliation and violence when the
offender is released following arrest; contact with an advocate (case manager) can provide
information concerning alternatives, available services, and protective orders to avoid continued
violence. The case manager serves to establish and encourage a working relationship between
social agencies and the Police Department and provides educational opportunities to the
community through speaking engagements, distribution of literature, etc. An additional Victim
Case Manager is being requested due to the increased workload of family violence cases. A Staff
Assistant handles the processing of all Emergency Protective Orders.
The long term goal of the grant is to provide victims of domestic violence and other serious
crimes with crisis intervention, follow up assistance, encourage cooperation with law
enforcement, facilitate utilization of available resources, and assist with immediate and long-term
safety needs.
REQUIRED COUNCIL ACTION: Approval to submit the application.
PREVIOUS COUNCIL ACTION: Approval of the previous six years applications.
FUNDING: The grant provides salary and benefits for two Victim Case Managers, a Staff
Assistant, equipment, supplies, training, and mileage. The State is asked to provide $113,674
and the City $37,931 which may be an in-kind or a cash contribution. We are utilizing the
volunteer hours from other agencies Child Protective Services, Police volunteers, etc. to provide
$10,320 toward the match. The law enforcement trust provides $27,611 for partial salary match,
training, travel, supplies and miscellaneous equipment. The funding is not on a declining
percentage or ending funding cycle.
CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant.
K.A. Bung
Chief of Police
RESOLUTION
AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE
AMOUNT OF $113,874 TO THE STATE OF TEXAS, CRIMINAL
JUSTICE DMSION FOR YEAR 7 FUNDING AVAILABLE UNDER THE
VIOLENCE AGAINST WOMEN ACT (VAWA) FUND FOR THE POLICE
DEPARTMENT'S FAMILY VIOLENCE UNIT WITH A CITY MATCH OF
$27,811 AND $10,320 IN-KIND SERVICES FOR A TOTAL PROJECT
COST OF $151,805 AND AUTHORIZING THE CITY MANAGER OR THE
CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT,
ALTER OR TERMINATE THE GRANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to submit a grant
application in the amount of $113,674 to the State of Texas, Criminal Justice Division
for Year 7 funding available under the Violence Against Women Act (VAWA) Fund for
the Police Department's Family Violence Unit with a City match of $27,611 and $10,320
in-kind services for a totaf project cost of $151,605 and is authorized to apply for,
accept, reject, alter or terminate the grant.
SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned, in full, to the State of Texas, Office of the
Governor. Criminal Justice Division.
A nEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: 'WI vet- I ( ,2006.
By:
~h/
Joseph H mey 0
Assistant City Attorney
For City Attorney
Res~rant-VAWA
2
Corpus Christi , Texas
m ,2~
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Rll8<>1Jrant-VA WA
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03121/06
AGENDA ITEM: Ordinance appropriating $33,841.99 from the State of Texas in the NO.
1061 Police Grants Fund - Law Enforcement Officer Standards and Education for training
of police personnel and purchase of training equipment; and declaring an emergency.
ISSUE: Based on the Government Code, Section 415.0845, the State of Texas provides
an annual allocation for training of police personnel as well as training equipment. The
funds must be appropriated annually when the check is received.
BACKGROUND INFORMATION: The funds are received from the State as directed by
Government Code, Section 415.0845, to make an annual allocation from the Law
Enforcement Officer Standards and Education account to qualified law enforcement
agencies for expenses related to the continuing education of full-time law enforcement
officers and support personnel and any training equipment. The amount of funds received
depends on the number of personnel we have as of January 1 of each year.
REQUIRED COUNCIL ACTION: Appropriation of funds.
PREVIOUS COUNCIL ACTION: The City has received this funding since 1996 and has
appropriated funds each year.
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation offunds.
~
K. A. Bung
Acting Chief Police
Attachments:
Deposit slip
Letter from Texas Comptroller of Public Accounts
fil'\1\W; c~..
~ ~
\ i
"'l'IX"S ...
TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
AUSTIN, TEXAS 78774-0100
February 24, 2006
~
0 --....1
'oj
-r:J "'"Tj
0 fI1
0:;;
C) T~'
0'
(Ii '-,
r----I
c-.,
c.n
CITY OF CORPUS CHRISTI POLICE DEPARTMENT
PO BOX 9016
CORPUS CHRISTI TX 7B469-0000
Vendor number: 17460005741-051
Enclosed is your annual allocation payment from the Law Enforcement Officer
Standards and Education (LEOSE) account in the amount of $ 33,841.99.
This payment must be used as necessary to ensure the continuing education of
persons licensed under Chapter 1701, Occupations Code, or to provide necessary
training. as determined by the agency head, to full-time, fully paid law
enforcement support personnel in your agency.
Your agency must maintain a complete and detailed record of all money received
and spent. All money received is subject to audit by the Comptroller of Public
Accounts and all money spent is subject to audit by the State Auditor.
The Comptroller is directed by the Occupations Code, Section 1701.157 to make an
annual allocation from the LEOSE account to qualified law enforcement agencies
for expenses related to the continuing education of persons licensed under
Chapter 1701. Occupations Code. Of the account, 20 percent is allocated equally
among the qualified agencies. The remaining 80 percent is allocated on the
basis of the number of eligible law enforcement positions each agency had as of
January 1 of the preceding calendar year.
An eligible law enforcement position is defined as one held by a person
licensed under Chapter 1701, Occupations Code, who works as a peace officer or
licensed jailer on the average of at least 32 hours a week, is compensated by
a political subdivision of the state at the minimum wage rate or higher, and
is entitled to all employee benefits offered to a peace officer.
To receive your agency's share of the LEOSE account in 2007, you must complete
and return the enclosed Law Enforcement Officer Standards and Education
Account 2007 Allocation Basis form to us no later than April 28, 2006.
The information provided on this form must be accurate and returned timely to
our office to ensure the correct allocation of the LEOSE account.
Please call us toll free at 1-800-531-5441, extension 3-4530. if you have any
questions or if we can be of assistance. The Austin number ;s 512/463-4530.
(From a Telecommunications Device for the Deaf (TOO) ONL Y call 1-800-248-4099 toll free.
The Austin TOO number is 5121463-4621.)
Enclosures
68692
CITY OF CORPUS CHRISTI CASH RECEIPT REPORT: Processed
~<-e. ~~~d!R'''<WOO bkf;C;A. Do<, Q,E" ~R ">ok B.g # OM ~ 777
r--
! * '\OOUNT FUND ORG PROJECT! BUDGET
j'A'r
CODE GRANT YEAR
CfQ 330~Q.3 IDCPJ ow<<> Sd.J/J!l2.. ~-~
AMOUNT
REMARKS
~-J1J._rn li~l
CASH VERlFICA TION
COUNT
CURRENCY. . .
AMOUNT
Sloos
$ 50s
S 20s
$ 105
$ 5s
S Is
S
S
$
$
$
$
COIN. "
SO 50
SO.25
SO 10
SO.05
$0.01
$
S
S
$
$
CASH SUBTOTAL
$ .
S ~/gLJJ~
$~.~
$
$ 33, 8tfl~.!fi
CHECK TOTAL (include tape)
SUBTOTAL
CREDIT CARD (include tape)
GRAND TOTAL
* If you have inserted a 2-digit Payment Code in the
first column, leave the rem.llininC columns blank.
If you have not inserted a Payoaeot Code in the first
column, you must complete the remaininc columns.
(I.e., Account, Fund, Org., Project/Grant, Budget Year,
Amount, and Remarks.
~.'t
WHITEiYELLOW CENTRAL CASHIERING
PINK DEPARTMENT COpy
GREEN PERJvlANENT FILE COPY
ReVised i i /01 !99
06/91 COMBINED FUNDS - DEPOSIT TICKET
CITY OF CORPUS CHRISTI l"
PO,BOX 9277 DEPARTMENT: Q,
CORPUS CHRISTI, TX 78469-9277
Frost National Bank
Receipt # / Check#
Fund
Acct
Org. No.
P~.IGrt,
Amount
CHECKS AND OTHER l11!!IMS ME RECEIVED FOR DEPOSIT SUSJECT TO THE
rERMS AND CONDITIONS OF THIS FINANClAllNSTITUTlON'S AGREEMENT
II- 7 B b 8 3 5 II- I:.. ~ 0 0 0 0 9 31:
b b ~ 0 . 2 7 9811-
Entered by/Date
Reviewed by/Date:
786835
C CURRENCY
A
S COIN
H
C
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E
C
K
S :cr,
TOTAL
20
ORDINANCE
APPROPRIATING $33,841.99 FROM THE STATE OF TEXAS IN THE NO. 1061
POLICE GRANTS FUND-lAW ENFORCEMENT OFFICER STANDARDS AND
EDUCATION FOR TRAINING OF POLICE PERSONNEL AND PURCHASE OF
TRAINING EQUIPMENT; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
seCTION 1. That $33,841.99 from the State of Texas is appropriated in the No. 1061
Police Grants Fund-law Enforcement Officer Standards and Education for training of
pofice personnel and purchase of training equipment.
seCTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
actial for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this, the 21st day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Henry Garrett, Mayor
Approved as to form J1~ I r( ,2006
TO THE MEMBERS OF THE CITY COUNCil
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, Ilwe
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/21/06
AGENDA ITEM: Ordinance appropriating $28,242.50 for the sale of seized vehicles in
the No. 1061-821005 for purchase of equipment and training of officers and declaring
an emergency
ISSUE: Chapter 59 of the Code of Criminal Procedure, which is entitled Forfeiture of
Contraband, allows our department to seek forfeiture of certain property used in the
commission of a felony.
BACKGROUND INFORMATION: Evading police in a vehicle is a felony; therefore their
vehicles become subject to asset forfeiture. The funds from sale of forfeited property
must be appropriated and used for law enforcement purposes.
The Juvenile Enforcement Team frequently seizes vehicles used in the commission of
a felony and the proposed appropriation of funds will be used for equipment and
training of these officers.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation offunds.
1d
K.A, Bung
Acting Chief of Police
Attachments:
ORDINANCE
APPROPRIATING $28,242.50 FROM THE SALE OF SEIZED VEHICLES
IN THE NO. 1011-821005 FUND FOR PURCHASE OF EQUIPMENT
AND TRAINING OF POLICE OFFICERS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $28,242.50 from the sale of seized vehicles is appropriated in the
No. 1061-821005 Fund for the purchase of equipment and training of police officers.
SecTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading, this, the 21st day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Henry Garrett, Mayor
Approved as to form '7t/k"d-. / (' , 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, l/we
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
14
AGENDA MEMORANDUM
City Council Action Date: March 21. 2006
AGENDA ITEM:
Item A: A resolution authorizing the City Manager or his designee to accept an
amendment to a grant from the Department of State Health Services in the amount of
$50,000 for personnel costs and other expenses relating to a plan for responding to an
act of terrorism.
Item B: An ordinance appropriating an amendment to a grant from the Department
of State Health Services in the amount of $50,000 in the No. 1066 Health Grants
Fund for personnel costs and other expenses relating to a plan for responding to an
act of terrorism; and declaring an emergency.
ISSUE: The Texas Department of State Health Services (DSHS) has awarded a grant in
the amount of $50,000 to maintain the laboratory beginning September 1, 2005, through
August 31 , 2006, as a Level B laboratory. This amendment will add funds to pay the salary
for a technical position and purchase equipment to support the testing and teaching
functions required in the grant as well as continuing to enable the lab to test food for
possible agents of bioterrorism and to support the Environmental Health division with
outbreaks of food-borne illness.
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved funding FY05-06.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant
and appropriate funding to maintain a Level B laboratory.
BACKGROUND INFORMATION
This item continues our current contract with the DSHS to maintain our lab at a Level B
Laboratory. This will enable the lab to test food for possible agents of bioterrorism as well
as enabling the lab to support the Environmental Health division with outbreaks of food-
borne illness. The contract requires no matching funds. The contract period is from 9/1/05-
8/31/06, and funds are being awarded to cover personnel, fringe benefits, travel,
equipment, supplies, and additional funds to update equipment.
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
AN AMENDMENT TO A GRANT FROM THE DEPARTMENT OF STATE
HEALTH SERVICES IN THE AMOUNT OF $50,000 FOR PERSONNEL
COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR
RESPONDING TO AN ACT OF TERRORISM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept an amendment
to a grant from the Texas Department of State Health Services in the amount of
$50,000 for personnel costs, fringe benefits, travel, supplies, and other expenses
relating to a plan for responding to an act of terrorism.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: March 10 2006
Eliz th R. Hundley
Assistant City Attorney
for the City Attorney
EHres177 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 AN AMENDMENT TO A GRANT FROM THE
DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT
OF $50,000 IN THE NO. 1 066 HEALTH GRANTS FUND FOR
PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A
PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. An amendment to a grant from the Texas Department of State Health
Services in the amount of $50,000 is appropriated in the No, 1066 Health Grants
Fund for personnel costs, fringe benefits, travel, supplies, and other expenses
relating to a plan for responding to an act of terrorism,
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: March 10, 2006
Eliza h R. Hundley
Assis ant City Attorney
for the City Attorney
EHord187.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: IIwe, therefore, request that you suspend
said Charter rule and pass this ordinance finally on the date it is introduced or at the
present meeting of the City Council.
Respectfully,
Respectfully,
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
Mark Scott
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 21. 2006
AGENDA ITEM
A. Resolution authorizing the City Manager, or designee, to accept a grant from the Texas
Commission on the Arts in the amount of $1,835 in the No. 1067 Arts and Cultural
Commission Grant Fund for the Festival of the Arts,
B. Ordinance appropriating a $1,835 grant from the Texas Commission on the Arts in the No.
1067 Arts and Cultural Commission Grants Fund for the Corpus Christi Festival of the Arts.
ISSUE: The Perfonning Arts Committee of the Arts and Cultural Commission of the City of
Corpus Christi Parks and Recreation Department will be coordinating and sponsoring the
Fourth Annual Corpus Christi Festival of the Arts 2006. We are going to council to seek
approval to accept and then to appropriate the grant.
The festival celebrates and promotes Corpus Christi as a cultural center by showcasing its
diversity of artistic and cultural expression in the areas of music, dance, theatre, cinema and
the visual arts. The previous art festivals have proven to be highly successful in attracting
tourism to the Coastal Bend area. This grant will assist with the funding of the event for the
current festival,
REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his
designee to appropriate these funds.
CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass the resolution
and ordinance authorizing the City Manager or his designee to accept and appropriate funds.
Sally Gav/i , Director
Departme t of Parks and Recreation
Attachments:
None
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A
GRANT FROM THE TEXAS COMMISSION OF THE ARTS IN THE
AMOUNT OF $1,835 IN THE NO. 1067 ARTS AND CULTURAL
COMMISSION GRANT FUND FOR THE FESTIVAL OF THE ARTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to accept a grant from the
Texas Commission of the Arts in the amount of $1,835 in the No. 1067 Arts and Cultural
Commission Grant Fund for the Festival of the Arts.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~E: March 2006
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H\LEG-DIR\OlgaRlOoyle\Resolu. tion\06 .0314DC Acpt. $1835, TCAGrant. FOA. Res 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\OlgaR\Ooyle\Resolu. tion\06.0314DC.AcPt$1835. TCAGrant. FOA. Res.doc
Page 1 of 2
ORDINANCE
APPROPRIATING A $1,835 GRANT FROM THE TEXAS COMMISION
OF THE ARTS IN THE NO. 1067 ARTS AND CULTURAL COMMISSION
GRANT FUND FOR THE FESTIVAL OF THE ARTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $1,835 grant from the Texas Commission of the Arts is
appropriated in the No. 1067 Arts and Cultural Commission Grant Fund for the Festival
of the Arts.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor
Armando Chapa
City Secretary
Approved 14 March 2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H\LEG-DIR\OlgaR\Doyle\Ordinance\06.0314DC Approp$ 1835 TCAGrant. FOA.Ord.doc
Page 2 of 2
Corpus Christi, Texas
day of __0__' 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
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H\LEG.DIR\OlgaRIDoyle\Ordinance\060314DC Approp$ J 835 TCAGrant FOA Ord doc
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 21. 2006
AGENDA ITEM:
A, Ordinance appropriating $294,000 from the Texas Department of Family and Protective
Services in the NO.1 060 Community Youth Development fund to fund the Community
Youth Development Program in the 78415 ZIP Code for Fiscal Year 2005-2006,
contract period March 1, 2006 through August 31,2006; and declaring an emergency.
B Motion authorizing the City Manager, or his designee, to execute a subcontract with
Communities In Schools, Corpus Christi, Inc. in the amount of $153,713.00 to provide
services for youth ages 5 to 17 in the 78415 ZIP Code.
C. Motion authorizing the City Manager, or his designee, to execute a subcontract with the
Corpus Christi Housing Authority in the amount of $10,614.00 to provide services for
youth ages 6 to 17 in the 78415 ZIP Code.
D. Motion authorizing the City Manager, or his designee, to execute a subcontract with
Corpus Christi Teen Court in the amount of $12,139.00 to provide services for youth
ages 11 to 17 in the 78415 ZIP Code.
E. Motion authorizing the City Manager, or his designee, to execute a subcontract with
Planned Parenthood of South Texas in the amount of $13,208.00 to provide services
for youth ages 12 to 17 in the 78415 ZIP Code.
F, Motion authorizing the City Manager, or his designee, to execute a subcontract with the
YMCA of Corpus Christi in the amount of $27,567.00 to provide services for youth ages
14-17 in the 78415 ZIP Code.
G. Motion authorizing the City Manager, or his designee, to execute a subcontract with
Youth Odyssey in the amount of $16,507.00 to provide services for youth ages 12 to 17
in the 78415 ZIP Code.
ISSUE: The Texas Department of Family and Protective Services (DFPS) is continuing to
fund the Community Youth Development (CYD) Program in various cities throughout the
State. The City of Corpus Christi has been allocated $294,000 in program funds for Fiscal
Year 2005 - 2006, Contract Period March 1,2006 through August 31,2006, to be used in
the 78415 ZIP Code area.
REQUIRED COUNCIL ACTION: Acceptance of federal grants and contracts in excess of
$15,000 require Council approval.
PREVIOUS COUNCIL ACTION: On August 30, 2005 Council approved the contract and
the appropriation of $213,000 from DFPS to fund the 78415 Community Youth
Development programs for Fiscal Year 2005 - 2006, Contract Period September 1, 2005
through February 28, 2006, as recommended by the Community Youth Development
Steering Committee.
FUNDING: This IS a State funded grant, and the source of funding is from fund 1060.
CONCLUSION AND RECOMMENDATION: The Community Youth Development Steering
Committee and Staff recommended approval of $294,000 CYD Program as presented for
Fiscal Year 2005 - 2006, Contract Period March 1, 2006 through August 31, 2006.
~&~=y-
Parks & Recreation Department
Attachments:
Background Information
BACKGROUND INFORMATION
On May 27, 1997, the City Council approved a transfer agreement with the Workforce
Development Corporation pertaining to the 78415 Community Youth Development (CYD)
Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the
CYD Program, and executed a contract with DPRS. The City Council also passed a
resolution (#022938) establishing the CYD Steering Committee. Since then, the City has
served as the Fiscal Agent for the program and entered into subcontracts with many
community agencies for CYD service,
In 1995, DPRS developed a program to fund local grass roots efforts in the highest
Juvenile crime areas of the state by ZIP Code. Currently fifteen ZIP Codes in 14 cities are
designated as CYD service areas. The program sought to create activities that were not
currently available within the local 78415 ZIP Code area. These activities were made
available to youth ages 5-17, Eligible activities must fall within the following categories:
mentoring, activities, employment, education, and/or youth leadership. In order to meet
DPRS (now called Texas Department of Family and Protective Services - DFPS)
guidelines, a mentoring and youth leadership component must be part of the overall 78415
CYD Program's Plan of Operation.
Since its inception, the CYD Program has served the 78415 zip code area through a
number of service providers, These would include Boys & Girls Club, Communities In
Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District,
Corpus Christi Public library, Paisano Girl Scout Council, Park & Recreation Department,
Volunteer Center of the Coastal Bend, Youth Odyssey, YMCA, and YWCA.
Page 1 of 2
ORDINANCE
APPROPRIATING $294,000 FROM THE TEXAS DEPARTMENT OF
FAMILY AND PROTECTIVE SERVICES IN THE NO. 1060 COMMUNITY
YOUTH DEVELOPMENT FUND FOR THE COMMUNITY YOUTH
DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE FOR FISCAL
YEAR 2005-06, CONTRACT PERIOD MARCH 1, 2006 THROUGH
AUGUST 31, 2006; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. $294,000 from the Texas Department of Family and Protective Services is
appropriated in the No. 1060 Community Youth Development Fund for the Community
Youth Development Program in the 78415 Zip Code for Fiscal Year 2005-06, Contract
Period March 1,2006 through August 31,2006.
SECTION 2. Upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor
Armando Chapa
City Secretary
~ 1:arCh 20=-
oyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C\(DoYle.0306\ORD200306\Ordinances\Appropriate\06 0315DCTxDFPS$294KCYD. 78415Zip Ord.doc
Page 2 of 2
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
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C I( Doyle 03 06 \ORD2003 06\()rdi nanc. es IAppropn ate\06. 031 5DC T xDFPS. $294K CYD 784 15Zip Ord doc
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 21, 2006
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to submit a grant application to the
Texas Department of Transportation in the amount of $967,535 for construction of the Hike
and Bike Trail along the Schanen Drainage Ditch to the Oso Parkway and extending to the
Botanical Gardens and Nature Center, with a City match of $194,507 in the Community
Enrichment Fund, from park accounts whose impact area fall within the proposed trail route.
ISSUE: In accordance with the MPO Pedestrian and Bicycle Plan, the Hike and Bike Trail
along the Schanen Ditch would provide function to the existing transportation system by
allowing safe travel of pedestrians and bicyclists to city parks, schools and recreation
facilities such as the Corpus Christi Botanical Gardens and Nature Center.
REQUIRED COUNCIL ACnON: Authorization to submit an application to the Texas
Department of Transportation in the amount of $967,535.
PREVIOUS COUNCIL ACnON: none
CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to
submit grant application.
Attachments:
Project Description
Texas Department of Transportation
State Transportation Enhancement Program
Schanen Drainage Ditch Hike and Bike Trail Project Proposal
The hike and bike trail will follow along the Schanen Drainage Easement
to Oso Parkway and end at the Corpus Christi Botanical Gardens and Nature
Center. The total combined distance of the trail is 6.1 miles, of which
approximately 3.3 miles will be new. The trail will be 10 foot wide and constructed
of concrete.
The Hike and Bike trail along the Schanen drainage ditch will provide
access from nearby neighborhoods to Grant Middle School, Kostoryz Elementary
School, Carroll High School, Dawson Elementary School, Schanen Elementary
School, and Browne Middle School. The trail will also provide access for those
seeking physical exercise and will link to various parks along its route. The trail
will encourage healthy activity for all ages.
Beginning at the comer of Tiger Lane and Flynn Parkway, new trail
construction will run approximately 2.9 miles along the Schanen Drainage Ditch
to Oso Parkway. The existing 2.6 miles of concrete trail along the Oso Parkway
will join to South Staples (FM2444) which could provide a .4 mile passage to the
Corpus Christi Botanical Gardens,
Benches and signage will be placed along the trail. Trash receptacles will
be placed periodically to promote a clean environment. There are 8 public parks
that border the Schanen Drainage Ditch. These parks provide an area for people
of all ages to gather and enjoy the outdoors and other activities.
The Schanen Drainage Ditch is owned by the City of Corpus Christi so no
land acquisitions or dedications of easements are necessary.
The Hike and Bike trail along the Schanen Drainage Ditch will establish a
relationship with the transportation system by function, constructing a new
passage for pedestrians and bicyclists without taking away or adding to the
existing roadway. The trail will compliment the transportation system by allowing
the safe transportation of pedestrians and bicyclists.
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION TO THE TEXAS DEPARTMENT OF
TRANSPORTATION IN THE AMOUNT OF $967,535 FOR
CONSTRUCTION OF THE HIKE & BIKE TRAIL ALONG THE SCHANEN
DRAINAGE DITCH TO THE 050 PARKWAY AND EXTENDING TO
THE BOTANICAL GARDENS & NATURE CENTER, WITH A CITY
MATCH OF $194,507 IN THE COMMUNITY ENRICHMENT FUND,
FROM PARK ACCOUNTS WHOSE IMPACT AREA FALL WITHIN THE
PROPOSED TRAIL ROUTE.
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 Department of Transportation in the amount of $967,535 for construction of
the Hike & Bike Trail along the Schanen Drainage Ditch to the Oso Parkway and
extending to the Botanical Gardens and Nature Center, with a City match of $194,507 in
the Community Enrichment Fund, from parks accounts whose impact area fall within the
proposed trail route
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: 13 March 2006
~s
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:IlEG-DIR\JosieE\DOYLE\Res - TxDOT grant for Schanen Ditch trail project,doc
Page 2 of 2
Corpus Christi, Texas
_ day of 1 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\JosieE\DOYLE\Res - TxDOT grant for Schanen Ditch trail project,doc
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 21. 2006
AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer panel to the Arts
and Cultural Commission, consisting of art professionals and community peers to make
recommendation for Northwest Library Expansion and Renovation "Percent for Art" Project.
ISSUE: Ordinance #19634 stipulates that no city advisory board or committee can appoint
persons outside its membership as advisors, or to subcommittees or ad hoc committees
without prior approval of the City Council. Therefore, Council approval to appoint the
panel is required,
REQUIRED COUNCIL ACTION: Approval of Selection Panel
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: The Arts & Cultural Commission has
approved the panel at their special called meeting on March 16, 2006. The Commission
and City Staff recommend the ad hoc peer panel be approved.
Attachments:
List of Peer Panel Members
Background Infonnation
Northwest Library Selection Peer Panel
Percent for Art
Bob Brink, Artist
Valerie Carlisle, Community Member
Stephen Gambill, Artist
Yvonne Kylstra, Community Member
Background Infonnatlon
The make-up of the art selection panel is directed by policies and guidelines established in
the Public Art Ordinance. Two art professionals, two members of the area/neighborhood
where the art will be placed, an Arts and Cultural Commission member, city staff, an
architect or designer, related board members and a representative of the department that
will receive the artwork is the standard make-up of the panel.
The Visual Arts Subcommittee made recommendations to the Arts and Cultural
commission of two people that would represent the community and two local art
professionals. The ad hoc peer panel members were selected with this recommendation.
By ordinance all allocations for funds for City Construction Projects over $50,000 shall include
an amount equal to one and one-quarter (11/4) percent of the Construction cost, to be used
for the selection, acquisition, commissioning, and display of works of art and any other
associated costs.
19
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
A. Resolution authorizing City Manager, or designee, to execute a $10,000 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to develop a Community Media Outreach Campaign for the
Citys Anti-Litter Ordinance.
B. Ordinance appropriating $10,000 from the Coastal Bend Council of Governments, in the NO.1051 Solid Waste
Grants Fund to develop a Community Media Outreach Campaign for the City's Anti-Litter Ordinance; and declaring an
emergency.
C, Resolution authorizing City Manager, or designee, to execute a $10,380 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments for salary for a third year of grant funding for an Assistant
Com pliance Officer.
D. Ordinance appropnating $10,380 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste
Grants Fund for salary for a third year of grant funding for an Assistant Compliance Officer; and declaring an
emergency.
E. Resolution authorizing City Manager, or designee, to execute a $4,500 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to pay for disposal of scrap tires collected during the City's
Neighborhood Initiative Program.
F, Ordinance appropriating $4,500 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste
Grants Fund to pay for disposal of scrap tires collected during the City's Neighborhood Program; and declaring an
emergency,
G. Resolution authorizing City Manager, or designee, to execute a $20,000 Solid Waste Grant Interlocal Cooperation
Agreement with the Coastal Bend Council of Governments to purchase new collection units for used-oil and HHW
storage modules for the new CollectionrTransfer Station at the J.C. Elliott Landfill.
H, Ordinance appropriating $20,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste
Grants Fund to purchase new collection units for used-oil and HHW storage modules for the new CollectionfTransfer
Station at the J.C Elliott Landfill; and declaring an emergency
March 21, 2006
ISSUE: Approval of four solid waste grants from the Coastal Bend Council of Governments, and appropriation of the
grant funds.
Background: The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the
Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible
local and regional municipal solid waste projects in support of the adopted regional solid waste management plan for
the CBCOG region, In 2002-2003 Solid Waste received a total of $125,000 for the following: $45,000 for Household
Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program,
$10.000 for a Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and increase
participation in Stop Trashing Corpus Christi Community clean-up events
In 2003-2004 Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement
and $10,000 for Litter and Illegal Dumping Cleanup program.
In 2004-05 Solid Waste received a total of $38,619 for the following: $26,619.00 for Solid Waste Local Enforcement,
$2,000 for Education and Training. and $10,000 for Litter and Illegal Dumping Cleanup programs.
In FY 2005-2006 grant funding in the amount of $239,703 is available through the CBCOG grant application process
for solid waste projects, All requested grant funding supports specific goals and objectives of the CBCOG Regional
Solid Waste Management Plan. Solid Waste applied for a total of $82,233.33 in grant funds for the above projects.
On December 12, 2005 the City Council approved the following Resolutions to submit grant applications to the
CBCOG: Resolution No. 026572 for $10,000 to develop a community outreach campaign for the City's anti-litter
ordinance, Resolution No. 026572 for $27,733.33 for the third year of funding for an Assistant Compliance Officer,
Resolution No. 026573 for $4,500 to pay for the disposal of scrap tires collected through the Neighborhood Initiative
Program; and Resolution No. 026575 for $40,000 to purchase new collection units for used-oil and HHW storage
modules for the new Citizens Collection Station at the J.C. Elliott Landfill. Of the $82,233.33 in grant funding applied
for, a total of $44,880.00 was awarded to the City of Corpus Christi, Solid Waste Services.
Agenda Memorandum
FUTURE COUNCIL ACTION: None until next year's Grant Process begins.
RECOMMENDATION: Approval of the Resolutions and Ordinances as submitted.
~o~-
JetVe . plan,
Director of Streets & Solid Waste Services
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
$10,000 SOLID WASTE GRANT INTERLOCAL COOPERATION
AGREEMENT WITH THE COASTAL BEND COUNCIL OF
GOVERNMENTS TO DEVELOP A COMMUNITY MEDIA OUTREACH
CAMPAIGN FOR THE CITY'S ANTI-LITTER ORDINANCE.
BE IT RESOL VEO BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute a $10,000 Solid
Waste Grant Interlocal Cooperation Agreement with the Coastal Bend Council of
Governments to develop a Community Media Outreach Campaign for the City's Anti-
Litter Ordinance,
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED 13 March 2006
~
Doyle 0, Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C\(Doyle.03.06\ORD200306\Resolutions\06 0313DC.$1 OK. COGILK Anti. Litter. Res.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
C\(Doyle.OHJ6\ORD200306\Resolutions\06 0313DC.$1 OK.COGILK Antilitter Res.doc
Page 1 of 2
ORDINANCE
APPROPRIATING $10,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO.1051 SOLID WASTE GRANTS FUND TO
DEVELOP A COMMUNITY MEDIA OUTREACH CAMPAIGN FOR THE
CITY'S ANTI-LITTER ORDINANCE; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10,000.00 is appropriated from the Coastal Bend Council of
Governments in the No,1051 Solid Waste Grants Fund to Develop a Community Media
Outreach Campaign for the City's Anti-Litter Ordinance.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor
Armando Chapa
City Secretary
~3 March 2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
<:: I(DoyleO'U:hORD2003 i16\Ordlnanc.es\Appropn ate\Ch 0313DCCOG.Approp $1 OK.AntiUtterOrddoc
Page 2 of 2
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
Melody Cooper
Jerry Garcia
WUliam Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
\{Doyle.O:'."f;;ORD2003. 06\Ord1nanc.esAppropn ate\Oh 031 3De. COG.Approp.$1 OK.Anti.Liller, Ord,doc
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
SOLID WASTE GRANT INRTERLOCAl COOPERATION AGREEMENT
WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE
AMOUNT OF $10,380 FOR SALARY FOR A THIRD YEAR OF GRANT
FUNDING FOR AN ASSISTANT COMPLIANCE OFFICER.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute a Solid Waste
Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments
in the amount of $10,380 for salary for a third year of grant funding for an Assistant
Compliance Officer,
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
~14 March 2006_
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C\( Doyle. 03. 06\ORD2003. 06\Resoluti. ons\06. 0314DC$1 0380. COGILK. Code. Officer. Res. 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
C\(Doyle,03, 06\ORD2003. 06\Resoluti. ons\06. 0314DC.$1 0380. COGILK. Code. Officer. Res. doc
Page 1 of 2
ORDINANCE
APPROPRIATING $10,380 FROM THE COASTAL BEND OF COUNCIL
OF GOVERNMENTS IN THE NO.1 051 SOLID WASTE GRANTS FUND
FOR SALARY FOR A THIRD YEAR OF GRANT FUNDING FOR AN
ASSISTANT COMPLANCE OFFICER; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $10,280.00 is appropriated from the Coastal Bend Council of
Governments in the No.1051 Solid Waste Grants Fund for salary for a third year of
grant funding for an Assistant Compliance Officer.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
~d ~ March 2006
~rtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Henry Garrett.
Mayor
c. I( Doyle 03.06IORD2003.06\Ordmanc .eslAppropri.ate\06 C1314DC. COG.Approp$1 0380.Code.Officer.Ord.doc
Page 2 of 2
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
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C \IDoyle 03.06\ORD2003.06\Ordinanc.eslApproprLate\06 0314DC COG Approp. $1 0380. Code. Officer. Ord.doc
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
SOLID WASTE GRANT INTERLOCAL COOPERATION AGREEMENT
WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE
AMOUNT OF $4,500 TO PAY FOR DISPOSAL OF SCRAP TIRES
COLLECTED DURING THE CITY'S NEIGHBORHOOD INITIATIVE
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 execute a Solid Waste
Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments
in the amount of $4,500 to pay for disposal of scrap tires collected during the City's
Neighborhood Initiative Program.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Doyle . Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
C\(Doyle.03 06\ORD2003.06\Resoluti. ons\06. 0314DC,$4500 .COGILK. Scrap. Tires. Res.doc
Page 2 of2
Corpus Christi , Texas
_ day of I 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
C\(Doyle, 03. 06\ORD2003.06IResoluti. onsl06. 0314DC. $4500. COGILK.Scrap Tires.Res,doc
Page 1 of 2
ORDINANCE
APPROPRIATING $4,500 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO
PAY FOR DISPOSAL OF SCRAP TIRES COLLECTED DURING THE
CITY'S NEIGHBORHOOD INITIATIVE PROGRAM; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $4,500.00 is appropriated from the Coastal Bend Council of
Governments in the No,1051 Solid Waste Grants Fund to pay for disposal of scrap tires
collected during the City's Neighborhood Initiative Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett.
Mayor
~~ March 2006
Doyle D. Curtis
Chief. Administrative Law Section
Senior Assistant City Attorney
For City Attorney
~,\(Doyle.r<, i>6\ORD2003 06\Ordmances'ApprOPfi ate'.,i60316DC COGApprop$4500.Scrap TlresOrd doc
Page 2 of 2
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
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
:; \(Dcyle.C3 C'6\ORD2003 06\Urdlnanc es\Appropn ate\,6.0316DC COG Approp $4500 Scrap TlresOrd.doc
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A
SOLID WASTE GRANT INTERLOCAL COOPERATION AGREEMENT
WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE
AMOUNT OF $20,000 TO PURCHASE NEW COLLECTION UNITS FOR
USED-OIL AND HHW STORAGE MODULES FOR THE NEW
COLLECTIONITRANSFER STATION AT THE J.C. ELLIOTT LANDFILL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute a Solid Waste
Grant Interlocal Cooperation Agreement with the Coastal Bend Council of Governments
in the amount of $20,000 to purchase new collection units for used-oil and HHW storage
modules for the new collection/transfer station at the J.G. Elliott Landfill.
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
1r~ March ~006
Doyle 0, Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
CI(Doyle. 03. 06\ORD2003. 06\Resolut!. onsl06. 03140C. $20K. COGILK. Collect. Oil. Res 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
C\( Doyle 03. 06\ORD2003 .06\Resoluti.ons\06. 0314DC. $20K COG ILK.Collect Oil. Res. doc
Page 1 of 2
ORDINANCE
APPROPRIATING $20,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO
PURCHASE NEW COLLECTION UNITS FOR USED-OIL AND HHW
STORAGE MODULES FOR THE NEW COLLECTIONITRANSFER
STATION AT THE J.C. ELLIOTT LANDFILL; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $20,000.00 is appropriated from the Coastal Bend Council of
Governments in the NO.1051 Solid Waste Grants Fund to purchase new collection units
for used-oil and HHW storage modules for the new Collectionrrransfer Station at the
J. C. Elliott Landfill.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor
Armando Chapa
City Secretary
~MarCh 2006
Doyle D. Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
c. \(Dovle.03 .C'6 'ORD2003 .fl610rdlnanc.eslAppropri ateI06.0314DC. COG.Approp.$20K.Collect. Oil Ord.doc
Page 2 of 2
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
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C \(Doyle.03 06\ORD2003.06\Ordinanc.eslAppropriate\OE '1314DC. COG.Approp.$20K. Collect.Oil.Ord.doc
20
CITY COUNCIL
AGENDA MEMORANDUM
March 21, 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Right of
Way and Utility Easement instrument with Ronald S. Herndon and wife Karen L. Herndon,
for the acquisition of Parcel 503 in the total amount of $86,135, containing a Utility, Right of
Way, and Temporary Construction Easement, necessary for the Southside Water
Transmission Main, Phase 5, Project #8391 , and for other municipal purposes.
ISSUE: Acquisition of the Southside Water Transmission Main is underway for Phase 5 as
shown on Exhibit C. This phase will extend the water main from the Rodd Field
RoadlYorktown Boulevard intersection southeasterly to the Laguna Madre at the end of
Whiteley Street. On December 17, 2002, City Council approved an engineering services
contract with Urban Engineering for permitting, design and acquisition ofthe required right-
of-way. The City has acquired Parcel 503 in the total amount of $86,135, which requires
City Council approval.
FUNDING: Water CIP 550701-4475-00000-180184
Amount Requested: $86,135
RECOMMENDATION: Approval of the motion as presented.
-1L- k- tPJ(iS- /06
(tJ il- Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Prior Council Action
Route Map
Parcel Location Map
H:\HOME\EUSEBIOG\GEN\Agenda I1ems\SS Water Trans.Ph 5. Hemdon\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Southside Water Transmission Main, Phase 5
Acquisition of Parcel 503
PRIOR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize contracts and expenditure of funds from the Water Capital Projects Fund
(Commercial Paper) which exceed $25,000; and
2. authorize the payment of any Special Commissioners' Awards in connection with
acquisition of any parcels acquired by condemnation in Phase 5.
OVERVIEW:
f[gject Background: The Council-approved 1997 Water Distribution System Master Plan
Update recommended a new Southside Transmission Main from the O.N. Stevens Water
Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will
alleviate inadequate water supply and pressure problems experienced during peak
demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the
transmission main is necessary to increase the hydraulic capacity of the delivery system
from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be
the primary supply source for the Staples Street Pumping Plant.
Phases 1 through 4a of the waterline have been constructed which extend the waterline
from the O.N. Stevens Water Treatment plant southeast to Rodd Field at Holly Road.
Acquisition of 37 parcels for the Phase 5 route, as shown on the attached Exhibit C, are
near completion with two parcels remaining after this one.
Parcel Description: Parcel 503 is composed of a right of way and utility easement
containing a temporary construction easement all fronting along Yorktown Boulevard as
shown on the attached Exhibit D. The easement contains a twenty-five (25.0) feet wide
right of way easement, a fifteen (15) feet wide utility easement, and a variable width
temporary construction easement ranging from ten (10) to fifty (50) feet wide. All are
parallel to each other and extend a total length of approximately 3,043 feet long. The
subject property is zoned F-R "Farm Rural" and lies within the city limits of Corpus Christi.
Thomas F. Dorsey, MAl, appraised the easements in the total amount of $62,200 based on
$20,000 an acre.
Parcel Neaotiations: The City of Corpus Christi has concluded negotiations with the
landowner and received the executed easement instruments. Both the City and landowner
have agreed on an administrative settlement of $86,135 based on $25,000 per acre. City
staff compromised on the land value and acknowledged a higher land value than stated in
the appraisal due to its water view area amenity along the Cayo del Oso. It is in the best
interest of the City to settle at this amount in order to avoid a delayed condemnation suit.
Since this is an easement acquisition, no title company is required for closing.
H:\HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Ph 5. Hemdon\Background.doc
EXHIBIT A
PRIOR COUNCIL ACTION
SUBJECT: Southside Transmission Main, Phases 5
Acquisition of Parcel 503
1 . September 9. 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97 -246)
2. September 9. 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
3. December 16.1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
4. June 16. 1998 - Award of an engineering services contract in the amount of
$706.140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98-208).
5. September 22. 1998 - Approval of Amendment No. 1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98-327).
6. September 9. 1998 - Approval of a Testing Agreement in the amount of $32.822.65
with Trinity Engineering Co. for testing services for Southside Transmission Main -
O.N. Stevens Plant to Clarkwood Road (M98-328).
7. November 10.1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
8. March 23. 1999 - Approval of site selection and authorization to proceed with
acquisition (M99-078).
9. March 23. 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of
the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main from the proposed Staples Street
Pumping Plant to Yorktown Road (Ord. No. 023592).
10. March 23. 1999 - Approval of Amendment NO.3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
include related additional engineering services for a 42-inch waterline from the new
pumping plant at South Staples and County Road 43 to the existing 16-inch
waterline near Country Creek (M99-079).
11, Mav 18. 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
12. Mav 25. 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res.
M023645).
13. June 22. 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
14. Julv 20. 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703).
15. September 28. 1999 - Award of construction contract to Garney Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Country Creek for Staples Street Pumping Plant,
Contract 4 (M99-342).
EXHIBIT B
10f4
16. October 19. 1999 - Award of construction contract to lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
17, April 11. 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project
(M2000-106).
18, April 18. 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024014).
19. September 9. 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024213).
20. Seotember 19.2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-332).
21 ' December 12. 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605,411. (Motion M2000-434).
22. December 12. 2000 - Award of a testing agreement with Trinity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000-435).
23. February 13.2001 - Approval of acquisition of Parcels No. 31 a and 31 b for
$28,291 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-060).
24. April 17. 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project, Phase 1 - O.N. Stevens Plant to Clarkwood.
25, April 24. 2001 - Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162)
26, June 25. 2002 - Motion authorizing the City Manager or his designee to execute an
amendment to an engineering services contract with Urban Engineering of Corpus
Christi, Texas in the amount of $454,125 for the Southside Water Transmission
Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts Band
C. (M2002-180)
26. December 17. 2002 - Motion authorizing the City Manager of his designee to
execute an engineering services contract with Urban Engineering of Corpus Christi,
Texas in the amount of $1,824,742 for the Southside Transmission Water Main,
Phases 4, 4a, and 5. (M2002-419)
27. January 14. 2003 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Garney Companies, Ltd., of Kansas City,
Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water
Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019)
28. November 11. 2003 - Resolution recognizing the public necessity of acquiring utility
and construction easements for the Southside Water Transmission Main project,
Phases 4,4a,and 5, for utility and other municipal purposes in connection with said
project; and authorizing acquisition by means of negotiations or eminent domain
EXHIBIT B
2of4
proceedings by the City of Corpus Christi or its agents in acquiring said easements.
(Resolution No. 025547
29. March 30, 2004 - Motion authorizing the City Manager or his designee to execute a
Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the
amount of $25,080, for Parcel 406, necessary for the Southside Water
Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes.
(Motion No. M2004-125)
30, Aoril13, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ann Hardy Bratton, Individually and as
Independent Executrix ofthe Estate of Mark P. Bratton, for Parcels 401 and 411, in
the total amount of $41,937, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No. 2004-141)
31. Mav 18, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in
the total amount of $31,290, both parcels necessary for the Souths ide Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No. 2004-183)
32. June 15, 2004 - Motion authorizing the City Manager or his designee to execute a
Utility Easement instrument with Frank T. Shumate, Jr. , for Parcel402B, in the total
amount of $30,000, necessary for the Southside Water Transmission Main, Phase
4, Project 8390, and for other municipal purposes (Motion No. 2004-217)
33, AUQust 24. 2004 - Motion authorizing payment of the Special Commissioners'
condemnation award of $31 ,505.63 for the acquisition of Parcels 429, 436, and 437,
each containing a Utility and Temporary Construction Easement, all located along
Rood Field Road between Wooldridge Road and Saratoga Boulevard, necessary for
the Southside Water Transmission Main, Phase 4a, Project #8425, and for other
municipal purposes. (Motion No. 2004-321)
34. October 12. 2004 - Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in
the total amount of $35,000, necessary for the Southside Water Transmission Main,
Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-378)
35. December 21, 2004 - Motion authorizing the City Manager or his designee to
execute a Utility Easement instrument with COF Construction, L.P. aka COF
Corporation, for the acquisition of Parcel402a in the amount of $48,738, containing
both a Utility and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 4, Project #8390, and for other municipal
purposes. (Motion No. 2004-464)
36, Julv 19. 2005 - Amending Resolution No. 025547 recognizing the public necessity
of acquiring utility, right-of-way and construction easements for the Southside Water
Transmission Main Project, Phases 5, for utility and other municipal purposes in
connection with said project; and authorizing acquisition by means of negotiations or
eminent domain proceedings by the City of Corpus Christi or its agents in acquiring
said easements; and revising the list of properties along the route due to rerouting
of the pipeline at Yorktown Boulevard and Waldron Road. (Reso. No. 026344)
37. Julv 26.2005 - Motion authorizing the City Manager or his designee to execute a
Right of Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for
the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
EXHIBIT B
3of4
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005-243)
38. September 20, 2005 - Motion authorizing the City Manager or his designee to
execute a Right of Way and Utility Easement instrument with Theodore Dimopoulos
for the acquisition of Parcel 520 in the total amount of $25,000, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005-330)
39. October 11, 2005 - Motion authorizing the City Manager or his designee to execute
a Right of Way and Utility Easement instrument with Patricia Peterson Nuss and
Christy Ann Peterson Brown collectively dba Related Investors, Ltd., for the
acquisition of Parcel 501A in the total amount of $52,896.83, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005-346)
40. October 11, 2005 - Motion authorizing the City Manager or his designee to execute
a Right of Way and Utility Easement instrument with Jonny Salomonsen and wife
Vicki Salomonsen, for the acquisition of Parcel 528 in the total amount of $58,000,
containing a Utility, Right of Way, and Temporary Construction Easement,
necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and
for other municipal purposes. (Motion No. 2005-347)
41 December 13, 2005 - Motion authorizing the City Manager or his designee to
execute a Real Estate Sales Contract with Johnston Family Investments, Ltd., in the
amount of $25,000 plus $1,000 in closing costs, for the purchase of fee simple
property rights for Parcel 532, being all of Lot 8, Block 2, Kingswood Addition,
necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and
for other municipal purposes. (Motion No. 2005-420)
H:\HOMBEUSEBIOG\GEN\Agenda Items\SS Water Trans.Ph 5. Hemdon\Prior Coundl Action.doc
EXHIBIT B
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NOT TO SCALE
CITY PROJECT No. 8391
EXHIBIT -D-
SOUTHS/DE WA TER TRANSMISSION MAIN
PHASE 5 (Parcel 503)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVlCts
PAGE: 1 of 1
DATE: 03-07-2006
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21
CITY COUNCIL
AGENDA MEMORANDUM
March 21, 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Right of
Way and Utility Easement instrument with the Corpus Christi Riding Center, Inc., for the
acquisition of Parcel 529 in the total amount of $62,1 00, containing a Utility, Right of Way,
and Temporary Construction Easement, necessary for the Southside Water Transmission
Main, Phase 5, Project #8391, and for other municipal purposes.
ISSUE: Acquisition of the Southside Water Transmission Main is underway for Phase 5 as
shown on Exhibit C. This phase will extend the water main from the Rodd Field
RoadlYorktown Boulevard intersection southeasterly to the Laguna Madre at the end of
Whiteley Street. On December 17, 2002, City Council approved an engineering services
contract with Urban Engineering for permitting, design and acquisition ofthe required right-
of-way. The City has acquired Parcel 529 in the total amount of $62,100, which requires
City Council approval.
FUNDING: Water CIP 550701-4475-00000-180184
Amount Requested: $62,100
RECOMMENDATION: Approval of the motion as presented.
~/( ~ .rp~
kgel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D
Background Information
Prior Council Action
Route Map
Parcel Location Map
H:\HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Phase 5.0C0nnoMgenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Southslde Water Transmission Main, Phase 5
Acquisition of Parcel 529
PRIOR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize contracts and expenditure of funds from the Water Capital Projects Fund
(Commercial Paper) which exceed $25,000; and
2. authorize the payment of any Special Commissioners' Awards in connection with
acquisition of any parcels acquired by condemnation in Phase 5.
OVERVIEW:
f!:2ject Backaround: The Council-approved 1997 Water Distribution System Master Plan
Update recommended a new Southside Transmission Main from the O.N. Stevens Water
Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will
alleviate inadequate water supply and pressure problems experienced during peak
demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the
transmission main is necessary to increase the hydraulic capacity of the delivery system
from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be
the primary supply source for the Staples Street Pumping Plant.
Phases 1 through 4a of the waterline have been constructed which extend the waterline
from the O.N. Stevens Water Treatment southeast to Rodd Field at Holly Road.
Acquisition of 37 parcels for the Phase 5 route, as shown on the attached Exhibit C, are
near completion with two parcels remaining after this one.
Pareel Description: Parcel 529 is composed of a right of way and utility easement
containing a temporary construction easement along a portion of Waldron Road and
alongside the Barney Davis Plant as shown on the attached Exhibit D. The easement
contains a twenty-seven and a half (27.5) feet wide right of way easement along Waldron
Road, a fifteen (15) feet wide utility easement, and a variable width temporary construction
easement ranging from ten (10) to fifty (50) feet wide. All are parallel to each other and
extend a total length of approximately 3,257 feet long. The subject property is zoned F-R
"Farm Rural" and lies within the city limits of Corpus Christi. Thomas F. Dorsey, MAl,
appraised the easements in the total amount of $51,800 based on $7,500 an acre.
Pareel Neaotiatlons: The City of Corpus Christi has concluded negotiations with the
landowner and they have agreed to a total administrative settlement of $62,100 which
includes items not contained in the appraisal such as fencing, supplemental feed, gates,
etc. It is in the best interest of the City to settle at this amount in order to avoid a delayed
condemnation suit. Since this is an easement acquisition, no title company is required for
closing.
H:\HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Phase 5.OConnor\8ackground.doc
EXHIBIT A
PRIOR COUNCIL ACTION
SUBJECT: Southside Transmission Main, Phases 5
Acquisition of Parcel 529
1 . September 9. 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97 -246)
2. September 9. 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
3. December 16.1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
4. June 16. 1998 - Award of an engineering services contract in the amount of
$706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98-208).
5. September 22. 1998 - Approval of Amendment No. 1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98-327).
6. September 9. 1998 - Approval of a Testing Agreement in the amount of $32,822.65
with Trinity Engineering Co. for testing services for Southside Transmission Main -
O.N. Stevens Plant to Clarkwood Road (M98-328).
7. November 10.1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
8. March 23. 1999 - Approval of site selection and authorization to proceed with
acquisition (M99-078).
9. March 23. 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of
the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main from the proposed Staples Street
Pumping Plant to Yorktown Road (Ord. No. 023592).
10. March 23. 1999 - Approval of Amendment NO.3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
include related additional engineering services for a 42-inch waterline from the new
pumping plant at South Staples and County Road 43 to the existing 16-inch
waterline near Country Creek (M99-079).
11 . Mav 18. 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
12, Mav 25. 1999 - Approval of condemnation proceedings for Parcel NO.1 (Res.
M023645).
13. June 22. 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
14. Julv 20. 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703).
15. September 28. 1999 - Award of construction contract to Garney Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Country Creek for Staples Street Pumping Plant,
Contract 4 (M99-342).
EXHIBIT B
1 of 4
16. October 19. 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361 ).
17. April 11. 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project
(M2000-106).
18. April 18. 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024014).
19. September 9. 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024213).
20. September 19.2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-332).
21. December 12. 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605,411. (Motion M2000-434).
22. December 12. 2000 - Award of a testing agreement with Trinity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000-435).
23, February 13.2001 - Approval of acquisition of Parcels No. 31 a and 31 b for
$28,291 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-060).
24, April 17. 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project, Phase 1 - a.N. Stevens Plant to Clarkwood.
25. April 24. 2001 - Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162)
26. June 25. 2002 - Motion authorizing the City Manager or his designee to execute an
amendment to an engineering services contract with Urban Engineering of Corpus
Christi, Texas in the amount of $454,125 for the Southside Water Transmission
Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts 8 and
C. (M2002-180)
26. December 17. 2002 - Motion authorizing the City Manager of his designee to
execute an engineering services contract with Urban Engineering of Corpus Christi,
Texas in the amount of $1,824,742 for the Southside Transmission Water Main,
Phases 4, 4a, and 5. (M2002-419)
27. January 14. 2003 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Garney Companies, Ltd., of Kansas City,
Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water
Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019)
28. November 11. 2003 - Resolution recognizing the public necessity of acquiring utility
and construction easements for the Southside Water Transmission Main project,
Phases 4,4a,and 5, for utility and other municipal purposes in connection with said
project; and authorizing acquisition by means of negotiations or eminent domain
eEXHIBIT B
2of4
proceedings by the City of Corpus Christi or its agents in acquiring said easements.
(Resolution No. 025547
29. March 30, 2004 - Motion authorizing the City Manager or his designee to execute a
Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the
amount of $25,080, for Parcel 406, necessary for the Southside Water
Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes.
(Motion No. M2004-125)
30. April 13, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ann Hardy Bratton, Individually and as
Independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in
the total amount of $41,937, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No. 2004-141)
31, May 18, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in
the total amount of $31,290, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes.
(Motion No. 2004-183)
32. June 15, 2004 - Motion authorizing the City Manager or his designee to execute a
Utility Easement instrument with Frank T. Shumate, Jr. , for Parcel402B, in the total
amount of $30,000, necessary for the Southside Water Transmission Main, Phase
4, Project 8390, and for other municipal purposes (Motion No. 2004-217)
33. Auaust 24, 2004 - Motion authorizing payment of the Special Commissioners'
condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437,
each containing a Utility and Temporary Construction Easement, all located along
Rood Field Road between Wooldridge Road and Saratoga Boulevard, necessary for
the Southside Water Transmission Main, Phase 4a, Project #8425, and for other
municipal purposes. (Motion No. 2004-321)
34. October 12, 2004 - Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in
the total amount of $35,000, necessary for the Southside Water Transmission Main,
Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004-378)
35, December 21, 2004 - Motion authorizing the City Manager or his designee to
execute a Utility Easement instrument with COF Construction, L.P. aka COF
Corporation, for the acquisition of Parcel402a in the amount of $48,738, containing
both a Utility and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 4, Project #8390, and for other municipal
purposes. (Motion No. 2004-464)
36. July 19, 2005 - Amending Resolution No. 025547 recognizing the public necessity
of acquiring utility, right-of-way and construction easements for the Southside Water
Transmission Main Project, Phases 5, for utility and other municipal purposes in
connection with said project; and authorizing acquisition by means of negotiations or
eminent domain proceedings by the City of Corpus Christi or its agents in acquiring
said easements; and revising the list of properties along the route due to rerouting
of the pipeline at Yorktown Boulevard and Waldron Road. (Reso. No. 026344)
37, Julv 26, 2005 - Motion authorizing the City Manager or his designee to execute a
Right of Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for
the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
EXHIBIT B
3of4
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005-243)
38. SeDtember 20. 2005 - Motion authorizing the City Manager or his designee to
execute a Right of Way and Utility Easement instrument with Theodore Oimopoulos
for the acquisition of Parcel 520 in the total amount of $25,000, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005-330)
39. October 11 . 2005 - Motion authorizing the City Manager or his designee to execute
a Right of Way and Utility Easement instrument with Patricia Peterson Nuss and
Christy Ann Peterson Brown collectively dba Related Investors, Ltd., for the
acquisition of Parcel 501A in the total amount of $52,896.83, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005-346)
40. October 11. 2005 - Motion authorizing the City Manager or his designee to execute
a Right of Way and Utility Easement instrument with Jonny Salomonsen and wife
Vicki Salomonsen, for the acquisition of Parcel 528 in the total amount of $58,000,
containing a Utility, Right of Way, and Temporary Construction Easement,
necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and
for other municipal purposes. (Motion No. 2005-347)
41. December 13. 2005 - Motion authorizing the City Manager or his designee to
execute a Real Estate Sales Contract with Johnston Family Investments, Ltd., in the
amount of $25,000 plus $1,000 in closing costs, for the purchase of fee simple
property rights for Parcel 532, being all of Lot 8, Block 2, Kingswood Addition,
necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and
for other municipal purposes. (Motion No. 2005-420)
H:\HOME\EUSEBIOG\GEN\Agenda Items\SS Water Trans.Phase 5.0C0nnor\Prior Council Action.doc
EXHIBIT B
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EXHIBIT -D-
SOUTHSIDE WATER TRANSMISSION MAIN
PHASE 5 (Parcel 529)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI. TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 03-07-2006
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22
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 03/21/06
AGENDA ITEM:
Resolution to authorize an Interlocal Cooperation agreement between the City of Corpus
Christi and Del Mar College to provide small business assistance and administration
through August 31, 2006.
ISSUE: Non profit agencies or organizations who were awarded FY2005 Community
Development Block Grant Program Funds need to be approved by the City Council.
REQUIRED COUNCIL ACTION: Contracts/Agreements in excess of $25,000 require
approval by City CouncIl. This action is an extension of the current interlocal agreement in
place between the City of Corpus Christi and Del Mar College from March 23, 2006
through August 31, 2006, and provides for $100,000 of FY05 CDBG funding to fund the
extension
PREVIOUS COUNCIL ACTION: On April 26, 2005, the City Council adopted its FY2005
Consolidated Annual Action Plan for Community Planning and Development Programs that
includes $3,882,133 for the CDBG Program, $800,000 of program income from housing
loans, $24,245 of demolition lien program income, $708,081 of reprogrammed funds, and
$150,150 for the ESG Program and $1,772,241 for HOME Investment Partnerships
(HOME) Program, $51,243 of the American Dream Downpayment Initiative, $300,000 of
program income and $301,225 of reprogrammed funds totaling $7,989,318 (026237).
Included in this action was the approval of the Business Resource Center project for
$100,000 which authorized the contracting offunds to the Del Mar College to continue the
enhanced "Business Resource Center" via the Small Business Development Center.
FUNDING: FY2005 COSG Program
RECOMMENDATION: That the City Manager or his designee be authorized to enter into
an Interlocal Cooperation agreement between the City of Corpus Christi and Del Mar
College to provide small business assistance and administration throu~gust 31, 2006.
~.:d:~ ;v'~
Jonathan Wagner, CD Administrator
ADDITIONAL SUPPORT MATERIAL
Background Information X
Interlocal Cooperation Agreement X
BACKGROUND INFORMATION
On March 22, 2005, an interlocal cooperative one-year agreement between the City of
Corpus Christi and Del Mar College was executed to provide small business assistance
and administration. This action is an extension of the current interlocal agreement in place
between the City of Corpus Christi and Del Mar College from March 23, 2006 through
August 31,2006, and provides for $100,000 of FY05 CDBG funding to fund the extension.
The contract term from March 23, 2006 through August 31,2006 will place Del Mar College
Into alignment with the CDBG funding cycle.
The College, by and through the Small Business Development Center (SBDC), is providing
the following services to businesses in the City of Corpus Christi who register with the
SSDC including, but not limited to:
· Free Counseling on all procurement matters
· Assistance with bid documents
· Assistance in obtaining contract financing
· Networking opportunities with area procurement personnel
· Help in developing and meeting subcontracting goals
· Access to Federal Acquisition Regulations
· Seminars and workshops on a wide variety of procurement topics
· Assistance in developing and implementing quality controls
· Access to bid packages, plans, and specifications
· Access to F. W. Dodge reports for the South Texas area
· Access to PT@SSIST Bid matching system
· Assistance with business plans
· Assistance with loan package preparations
· Seminars and workshops on a wide variety of business topics, including, but not
limited to, legal and accounting issues
· Assistance to women, low-income and minority entrepreneurs including credit
counseling, personal finance management counseling, small business management
and loan packaging
· Outreach activities to inform women, low-income and minority entrepreneurs of
services available
In addition, this agreement involves the execution of separate lease or use agreements
whereas space will be arranged by Del Mar College for Accion Texas, Hispanic Contractors
Association, the Black Chamber of Commerce and the Westside Business Association.
The lease or use costs will be included in the amount of the renewed interlocal cooperative
agreement between the City of Corpus Christi and Del Mar College.
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY
OF CORPUS CHRISTI AND DEL MAR COLLEGE TO PROVIDE SMALL
BUSINESS ASSISTANCE AND ADMINISTRATION THROUGH
AUGUST 31, 2006.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal
Cooperation Agreement with Del Mar College to provide small business assistance and
administration through August 31, 2006. A copy of the agreement is attached.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: March 16, 2006
;:. I J~ /~4-?" I . -f
Lisa Aguilar i~
Assistant City Attorney
For City Attorney
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
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INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY
OF CORPUS CHRISTI AND DEL MAR COLLEGE TO PROVIDE
SMALL BUSINESS ASSISTANCE AND ADMINISTRATION
This interlocal cooperative agreement ("Agreement") is between the City of
Corpus Christi, Texas (the "City"), a home rule municipal corporation organized
under state law, with offices located at 1201 Leopard, Corpus Christi Nueces
County, Texas 78401, acting through its City Manager or the City Manager's
designee ("City Manager"), and Del Mar College District, (called the "College"
herein), political subdivision of the State of Texas, which is located at 101
Baldwin, Corpus Christi, Nueces County, Texas, 78404,
In consideration of the promises and obligations contained in this agreement the
College and the City agree as follows:
SECTION I.
TERM
1,01 The term of this agreement begins on March 22, 2006 and ends August
31, 2006, unless terminated as provided in this agreement.
SECTION II,
COLLEGE OBLIGATIONS
2,01 The College, by and through the Small Business Development Center
(called "SBDC" herein), will provide the following services ("Services") to
businesses in the City of Corpus Christi who register with the SBDC including,
but not limited to
Free Counseling on all procurement matters
Assistance with bid documents
Assistance in obtaining contract financing
Networking opportunities with area procurement personnel
Help in developing and meeting subcontracting goals
Access to Federal Acquisition Regulations
Seminars and workshops on a wide variety of procurement topics
Assistance in developing and implementing quality controls
Access to bid packages, plans, and specifications
Access to F,W. Dodge reports for the South Texas area
Access to PT@SSIST Bid matching system
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Assistance with business plans
Assistance with loan package preparations
_ Seminars and workshops on a wide variety of business topics, including,
but not limited to, legal and accounting issues
Assistance to women, low-income and minority entrepreneurs including
credit counseling, personal finance management counseling, small business
management and loan packaging
__ Outreach activities to inform women, low-income and minority
entrepreneurs of services available
2.02 The position of Outreach Counselor. This position will be funded by the
City under this Agreement and will be a full-time College employee, subject to
the personnel policies and requirements of the College, and falling under the
supervision of the Director of the SBDC or a designee of the Director of the
SBDC (Director) This position shall not be a City employee for any purpose.
The purpose of the position is to provide historically underutilized businesses
Information about the services available at the College SBDC. The position may
be assigned up to 30 hours a week at remote locations (including the Corpus
Christi Hispanic Chamber of Commerce) off the College Campus for the purpose
of fulfilling outreach responsibilities: and any other duties as assigned by the
Director of the SSDC (Small Business Development Center). Nothing herein is
Intended to create a contract of employment and it is the intention of both the
City and College that employment is on an "at will" basis, Furthermore, should
this Agreement terminate, it is understood by the City and the College that there
IS no obligation on the part of the College to extend an offer of for further
employment for this position.
2,03 The position of an Administrative Assistant. This position will be funded by
the City under this Agreement and will be a part-time College employee, subject
to the personnel policies and requirements of the College, and falling under the
supervision of the Director of the SBDC or a designee of the Director of the
SBDC (Director) This position shall not be a City employee for any purpose.
The purpose of this position is to assist the SBDC with administration of
programs; and any other duties as assigned by the Director. This will be a part
time position. Nothing herein is intended to create a contract of employment and
It is the intention of both the City and College that employment is on an "at will"
basis, Furthermore, should this Agreement terminate, it is understood by the
City and the College that there is no obligation on the part of the College to
extend an offer of for further employment for this position,
2,04 The position of MicroLoan ProQram Administrator. This position will be
funded by the City under this Agreement and will be a part-time College
employee, subject to the personnel policies and requirements of the College,
2
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and falling under the Director of the SBDC or a designee of the Director of the
SBDC (Director). This position shall not be a City employee for any purpose.
The purpose of this position is to provide assistance to women, low-income, and
minority entrepreneurs, business owners, and other individuals possessing the
capacity to operate successful business concerns. This assistance includes, but
IS not limited to, loan package preparation for private sector financing under
$35,000.00; credit counseling; personal financial management counseling; small
business management; and any other duties as assigned by the Director.
Nothing herein is intended to create a contract of employment and it is the
intention of both the City and the College that employment is on an "at will" basis.
Furthermore, should this Agreement terminate, it is understood by the City and
the College that there is no obligation on the part of the College to extend an
offer of for further employment for this position.
2,05 Subject to the execution of separate lease or use agreements, space shall
be arranged by the College for two Acci6n Texas employees; reception personnel,
conference and training space, and a plan room starting as soon as possible
after the execution of this agreement by all parties. Subject to the execution of
separate lease or use agreements, space will also be made available to the
Hispanic Contractors Association, the Black Chamber of Commerce and the
Westside Business Association. The Hispanic Contractors Association, the
Black Chamber of Commerce, Acci6n Texas and the Wests ide Business
Association will be tenants of the College and the lease costs are their rent is
Included in the amount referenced in section 3,02 to be which is paid by the city,
All leases entered into under this Agreement will be subject to the terms of this
Agreement and space availability. Furthermore, should this Agreement
terminate, it is understood and agreed by the City and the College that there will
be is no obligation on the part of the College to extend an offer of for further
tenancy to these organizations, Copies of any lease or use agreements entered
Into under this Agreement will be provided to the City. The College and the City
further agree that the College has no obligation to provide space to any other
organization in the event that the lease of one or all of the listed associations
(Hispanic Contractors Association, the Black Chamber of Commerce, Accion
Texas, and the Westside Business Association) is terminated for any reason.
Acci6n Texas, Hispanic Contractors Association, Black Chamber of Commerce,
and Westside Business Association will provide their own furniture and
equipment at their expense, and as an express condition of their lease or use
agreement, will be required to maintain sufficient insurance (as determined by
the College) covering the College,
2,06 The SSOC will provide monthly reports including number of clients
assisted during the period, hours of Services provided, jobs created. The SBDC
will provide an annual action plan including timelines of activities defined in 2.01
of this contract and provide monthly reports that include the number of jobs
3
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created in Corpus Christi, number of jobs created for section 3 residents, number
of businesses created, number of section 3 businesses created, reports relating
to city contract awards, and number of Renewal Community (Census Tracts 1, 3,
4, 5, 7, 10, 11, 13, 35, and 50) business assisted and jobs created through
these businesses, Other reports may be available upon request. Section 3 is
defined at Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C, 1701u) ("Section 3").
2.07 Each party to this agreement agrees to notify the other party in advance of
any significant changes affecting the notifying party's College's ability to provide
the Services or space covered by this agreement. Notice will be provided in
writing as soon as possible.
2.08 The College, by and through the SBDC, agrees to provide Services as
defined herein to businesses and section 3 businesses for the purpose of
creating and retaining new full-time permanent jobs for low to moderate income
persons, including section 3 residents, as defined in 24 C.F.R. Section 570.209
as amended. Failure to meet this requirement shall obligate the College to repay,
upon 30 days written notice, the funds paid under this agreement.
2,09 Each party to this agreement The College agrees to comply with all
applicable Federal, State and local laws and regulations, including, but not
limited to, 24 C.FR. Section 570, et seq.
2,10 The College, by and through the SBOC, agrees to maintain financial
records, program and support documents, and statistical records for a minimum
of five years after the termination of this Agreement. The SBOC shall provide
the City Manager or his designee or a duly authorized representative of the City
to any books, documents, papers, and records pertinent to the services provided
under this Interlocal Agreement, for the purpose of making audit or examination.
2.11 The SBOC shall be open for operation in accordance with hours
designated by Del Mar College,
SECTION III.
CITY OBLIGATION
3 01 The City shall make all city construction projects and plans available, at
no charge, to the College for purpose of allowing historically underutilized
businesses access to contracting and subcontracting opportunities.
3,02 Beginning April 1 ,2006, the City shall pay the College $13,721 per month
for the Services provided under this Agreement. These payments shall be full
4
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compensation to the College for Services provided under this Agreement and
positions funded under this Agreement.
303 If this Agreement is terminated, the consideration paid to College will be
apportioned according to the months College actually performed Services under
this Agreement.
SECTION IV.
INDEPENDENT CONTRACTOR
4,01 These parties to this Agreement agree that the Services to be delivered by
each for the benefit of the other and the carrying out of the terms of this
Agreement in no way establish a joint venture or partnership between the
parties. The parties are each independent contractors providing the Services
that may be required of them under the terms of this Agreement.
SECTION V.
CONTINGENT FUNDING
5.01 This Agreement is contingent upon the availability of City and College
funds for this Agreement and if such funds become unavailable during the term
of this agreement, this Agreement may be terminated upon provision of notice as
required in Sections VI and VII. Furthermore, if space is not available or become
unavailable as determined by the College, then this Agreement will terminate
upon 30 days written notice of space unavailability. Any payment made by the
City or College for any of the cost or expenses that either incurs pursuant to this
Agreement shall be made out of current revenue available to the paying party as
required by the Interlocal Cooperative Act, Chapter 791 of the Texas
Government Code ("Interlocal Cooperative Act'')
SECTION VI
TERMINATION
6.01 Either party has the right to terminate this Agreement with or without
cause upon 30 days' prior written notice, Notice of termination must be in writing
and sent by certified mail not less than thirty (30) days prior to the date of
termination to the other party at the official address listed in this Agreement.
After this Agreement is terminated, the College, by and through the SBDC, will
provide a final accounting to City of all expenditures and revenues pursuant to
this Agreement and as may be required by Federal regulations within sixty (60)
days of such termination
5
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SECTION VII.
NOTICE
7,01 The parties agree that all notices shall be given to the respective parties at
the following locations:
NOTICE TO COLLEGE:
President
Del Mar College
101 Baldwin
Corpus Christi, Texas 78404
NOTICE TO CITY
City Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
SECTION VIII.
LIABILITY
8.01 The parties to this Agreement agree and acknowledge that they will use
their best efforts to perform the obligations agreed to in this Agreement. The
parties acknowledge that the liability, if any, of either party to the other for
personal injuries, losses, claims or demands caused by acts or omissions, if any,
of the other party shall be as prescribed by the laws of the State of Texas.
SECTION XI.
MISCELLANEOUS
9.01 Waiver No waiver of any breach of any term, or condition of this
Agreement. shall be construed to waive any subsequent breach of the same.
902 Assignment. This Agreement may not be assigned to any third party
without the prior written consent of the other party.
9.03 Warranty, This Agreement has been officially authorized by the governing
body of each party, Each signatory to this Agreement guarantees and warrants
that the signatory has full authority to execute this Agreement and to legally bind
their respective party to this Agreement.
9,04 Interlocal Cooperative Act. The parties agree that activities contemplated
by this Agreement are "governmental functions" and services that the parties are
"local government" as those terms are defined in the Interlocal Cooperation Act.
9,05 Governing Law and Venue, This Agreement shall be governed by and
6
,isa Agudpf CIT\ ~TER~!?c:;AL AgRE~MENT ~wp~~
Page 7
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construed in accordance with the laws of the State of Texas, Venue for any
dispute under this Agreement shall be in the courts of Nueces County, Texas.
9 06 Entire Agreement. This Agreement contains the entire agreement of the
parties and cannot be amended except in writing signed by the authorized
representatives of the parties.
907 Subcontractors Before using subcontractors to perform Services under
this Agreement. the College must obtain prior written approval from the City.
In consideration of the mutual covenants stated in this Agreement, the parties
bind themselves to this Agreement.
CITY OF CORPUS CHRISTI
DEL MAR COLLEGE
By:
By.
Date
Mr. Gabriel Rivas III, President
Del Mar College Board of Regents
Date:
George K. Noe, City Manager
ATTEST
By:
Armando Chapa
City Secretary
Approved as to form only this _ day of _ 2006
By:
Lisa Aguilar
Assistant City Attorney
For City Attorney
7
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
3/21/06
AGENDA ITEM:
A. Ordinance appropriating $1,146,544.86 in the City Funds on the attached schedule from the Federal
Emergency Management Agency for payroll and other expenses incurred by the City of Corpus Christi
related to providing assistance to Hurricane Katrina evacuees; amending Fiscal Year 2005-2006 budget
adopted by Ordinance # 026385 to increase estimated revenues and appropriations by $1,146,544.86
each; and declaring an emergency.
B. Ordinance appropriating $178,394.90 in Fund 1020 General Fund from the Federal Emergency
Management Agency for expenses incurred by outside contractors related to providing assistance to
Hurricane Katrina evacuees; amending Fiscal Year 2005-2006 budget adopted by Ordinance # 026385 to
increase estimated revenues and appropriations by $178,394.90 each; and declaring an emergency.
C. Ordmance appropriating $25,254.94 in Fund 1020 General Fund from the Federal Emergency
Management Agency for administrative services performed relating to the assistance rendered regarding
Hurricane Katrina evacuees; amending Fiscal Year 2005-2006 budget adopted by Ordinance # 026385
to increase estimated revenues and appropriations by $25,254.94 each; and declaring an emergency.
f), Ordinance appropriatmg $96,414.77 in Fund 1020 General Fund from the Federal Emergency
Management Agency for housing costs provided relating to the assistance rendered regarding Hurricane
Katrina evacuees; amending Fiscal Year 2005-2006 budget adopted by Ordinance # 026385 to increase
estimated revenues and appropriations by $96,414.77 each; and declaring an emergency.
E Ordinance appropriating $200,090.61 in Fund 1020 General Fund from anticipated funding from the
Federal Emergency Management Agency for housing provided related to the assistance rendered
regarding Hurricane Katrina evacuees; amending Fiscal Year 2005-2006 budget adopted by Ordinance
No. 026385 to increase estimated revenues and appropriations by $200,090.61; and declaring an
emergency.
ISS DE:
From September 2, 2005 until September 21, 2005, the City of Corpus Christi received and housed in shelters
Hurricane Katrina evacuees who were displaced from their homes due to devastation caused by Hurricane
Katrina. Several shelters were opened and operated by City staff in order to house and care for the evacuees,
thus incurring costs. These costs include: overtime pay and the related benefits, supplies and other expenses
to prepare and maintain the shelters, and supplies and other items for the evacuees. These costs were paid by
the City. The Federal Emergency Management Agency (FEMA) has now reimbursed the City for costs
incurred by the City and in so doing the money now awaits appropriation by the City Council.
However, the City is continuing to incur housing costs for the rental of the apartments of the evacuees who
have yet to transition from the Section 403 Public Assistance Program to the Section 408 Individual Housing
Assistance program of the Robert Stafford Relief and Emergency Assistance Act ("the Act"). Under "the Act",
assistance is provided to individuals and households to respond to the disaster-related housing needs ofthose
displaced from their pre-disaster residences or whose pre-disaster residences are rendered uninhabitable as a
result of damage caused by a major disaster. These costs are expected to be incurred for possibly several
additional months.
In addition, outside contractors also provided shelter and incurred expenses relating to the evacuees. The
contractors include: Center Plate, Corpus Christi Christian Fellowship, Corpus Christi Independent School
District, First United Methodist Church, Goodwill Industries, SMG, the Volunteer Center of the Coastal
Bend. These organizations submitted their expenses to FEMA through the City of Corpus Christi. FEMA has
now reimbursed the City for costs incurred by the outside contractors. Once City Council appropriates the
funds the contractors will be reimbursed their costs.
PREVIOUS COUNCIL ACTION:
None.
FUTURE COUNCIL ACTION:
Council approval of appropriations of receipt of additional funds from Federal Emergency Management
Agency of the Department of Homeland Security requested but not yet received by the City of Corpus Christi.
FUNDING:
Receipt of funds from the Federal Emergency Management Agency of the Department of Homeland Security.
CONCLUSION AND RECOMMENDATION:
City staff recommends approval of the appropriation of funds relating to the reimbursement by Federal
Emergency Management Agency of the Department of Homeland Security for the City of Corpus Christi's
assisting those displaced by Hurricane Katrina.
~cJ- f~~
die Houlihan
Assistant Director of Management and Budget
Attachments:
Hurricane Katrina - Expense recap by City department
Hurricane Katrina - Expense recap by outside contractor
Hurricane Katrina - Reimbursement recap
Hurricane Katrina Reimbursement by Fund
Total with
Fund Benefits Equipment Materials $'s Contract $ Grand Total
1020 Total 742.496.88 28,279.31 58,491.14 0.00 829,267.33
4010 Total 19.791.44 5,912.62 592.90 0.00 26,296.96
0,00
4130 Total 4.759.71 587.80 14,809.15 0.00 20,156.66
4200 Total 8,170,52 4,213.13 274.41 0.00 12,658.06
4610 Total 10,655.98 1,527.75 1,191.17 0.00 13,374.90
4670 Total 7,845,12 7,845.12
4700 Total 832.50 832.50
5010 Total 1,458.72 0.00 144,985.06 0.00 146,443.78
5110 Total 22,719.43 3,242.11 19,822.53 7,104.51 52,888.58
5210 Total 19,775.24 0.00 3,586.06 0.00 23,361.30
5310 Total 9.387.22 9,387.22
5613 Total 2,536.54 2,536.54
0.00
6060 Total 258.79 258,79
0,00
9010 T atal 1,237,11 1,237.11
Grand Total 851,925.21 43,762.72 243,752.42 7,104.51 1,146,544.86
Hurricane Katrina
ComDany DescriDtion Contract Total Fund
Provided staff time, sorted donations, and
Goodwilllndustrl.. of South Texas provided assistance at shelters y $10,649.75 1020
Centel'Dlate Provided staff time and meals y $39,656.55 1020
Provided management and coordination of
Volunteer Center of the Coastal Bend volunteers y $12,138.74 1020
SMG Provided emDlovees and shelter space Y $85,284.99 1020
Subtotal $147,730.03
Provided staff time, sorted donations, and
Corpus Christi Christian Fellowship provided assistance at shelters Y $13.100.85 1020
Provided staff time, sorted donations, and
First United Methodist Church provided assistance at shelters Y $17.564.02 1020
Total $178,394.90
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ORDINANCE
APPROPRIATING $1,146,544.86 IN THE CITY FUNDS ON THE
ATTACHED SCHEDULE FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR PAYROLL AND OTHER EXPENSES
INCURRED BY THE CITY OF CORPUS CHRISTI RELATED TO
PROVIDING ASSISTANCE TO HURRICANE KATRINA EVACUEES;
AMENDING FISCAL YEAR 2005-2006 BUDGET ADOPTED BY
ORDINANCE NO. 026385 TO INCREASE ESTIMATED REVENUES
AND APPROPRIATIONS BY $1,146,544.86 EACH; AND DECLARING
AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,146,544.86 from the Federal Emergency Management Agency is
appropriated in the City funds listed on the attached schedule for payroll and other
expenses incurred by the City of Corpus Christi related to providing assistance to
Hurricane Katrina evacuees
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $1,146,544.86 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secreta ry
Legal form approved March 16, 2006
By: J\-,j. ( /4'7"\,' ,(".
Lisa Aguilar '.~--
Assistant City Attorney
for City Attorney
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FUDd EQuioment $', Materials $'s Contracts $
1020 Total 28,279.31 58,491.14 0.00
4010 Total 5,912.62 592.90 0.00
4130 Total 587.80 14,809,15 0.00
4200 Total 4,213.13 274.41 0.00
4610 Total 1,527,75 1,191.17 0.00
5010 Total 0.00 144,985.06 0.00
5110 Total 3,242.11 19,822.53 7,104.51
S2l0 Total 0.00 4,319.18 0.00
Grand Total 43,762.72 244,485.54 7,104.51
Hurricane Katrina Payroll Reimbursements to Departments - February 28, 2006
Benefits for NXT Total Benefits for EXT Total Total with
Fund OT $ - EXT OT $ - NXT Total NXT w/Beneflts EXT w/Benefits Benefits
1020 Total 35,530.205 574,992.025 610,522.230 123,594,743 698,586.768 8,379.907 43,910.112 742,496.880
4010 Total 2,944.250 15,915.860 18,860.110 1,318,610 17,234.470 350.245 3,294.495 20,528.965
0.000
4130 Total 203,810 3,707.850 3,911,660 803.862 4,511.712 44.186 247.996 4,759.708
4200 Total 0.000 6,714.760 6,714.760 1,455.760 8,170.520 0.000 0.000 8,170.520
4610 Total 7,549.870 3,106.110 10,655.980 0.000 3,106.110 0.000 7,549.870 10,655.980
4670 Total 4,409,190 2,038.150 6,447,340 441.871 2,480,021 955.912 5,365.102 7,845.123
4700 Total 0.000 684.170 684.170 148.328 832.498 0.000 0.000 832.498
5010 Total 0.000 1,198.820 1,198.820 259.904 1 ,458.724 0.000 0.000 1,458.724
5110 Total 3,478,570 15,192.890 18,671.460 3,293.819 18,486.709 754.154 4,232.724 22,719.433
5210 Total 3,290.903 12,960.940 16,251.843 2,809.932 15,770.872 713.468 4,004.371 19,775.243
5310 Total 0,000 7,714.680 7,714.680 1,672,543 9,387.223 0.000 0.000 9,387.223
5613 Total 0,000 2,084.600 2,084.600 451.941 2,536.541 0.000 0.000 2,536.541
0.000
6060 Total 212.680 0,000 212,680 0,000 0.000 46.109 258.789 258.789
0.000
9010 Total 0,000 1,016.690 1,016.690 220.418 1,237,108 0.000 0.000 1,237.108
Grand Total 57,619,478 647,327,545 704,947.023 136,471.731 783,799.276 11,243.980 68,863.458 852,662.735
(a) (b) ( c) (d)
Benefits' 147,715.712
(a)+(c)
Overtime with benefits:
852,662.735
(b) + (d)
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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $178,394.90 IN FUND 1020 GENERAL FUND FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
EXPENSES INCURRED BY OUTSIDE CONTRACTORS RELATED TO
PROVIDING ASSISTANCE TO HURRICANE KATRINA EVACUEES;
AMENDING FISCAL YEAR 2005-2006 BUDGET ADOPTED BY
ORDINANCE NO. 026385 TO INCREASE ESTIMATED REVENUES
AND APPROPRIATIONS BY $178,394.90 EACH; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $178,394.90 from the Federal Emergency Management Agency is
appropriated in Fund 1 020 General Fund for expenses incurred by outside contractors
related to providing assistance to Hurricane Katrina evacuees.
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $178,394.90 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Legal form approved March 16. 2006
~i~:a ~~i~a)r L- .' 4~)' ,~'- r~
Assistant City Attorney
for City Attorney
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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $25,254.94 IN FUND 1020 GENERAL FUND FROM
FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
ADMINISTRATIVE SERVICES PERFORMED RELATING TO THE
ASSISTANCE RENDERED REGARDING HURRICANE KATRINA
EVACUEES; AMENDING FISCAL YEAR 2005-2006 BUDGET
ADOPTED BY ORDINANCE NO. 026385 TO INCREASE ESTIMATED
REVENUES AND APPROPRIATIONS BY $25,254.94 EACH; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $25,254.94 from the Federal Emergency Management Agency is
appropriated in Fund 1020 General Fund for administrative services performed relating
to the assistance rendered regarding Hurricane Katrina evacuees.
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $25,254.94 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Legal form approved March 16,2006
By: ~i!_v~ *x~~-t<--,
Lisa Aguilar f
Assistant City Attorney
for City Attorney
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,
Respectfu lIy,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E, Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $96,414.77 IN FUND 1020 GENERAL FUND FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
HOUSING COSTS PROVIDED RELATING TO THE ASSISTANCE
RENDERED REGARDING HURRICANE KATRINA EVACUEES;
AMENDING FISCAL YEAR 2005-2006 BUDGET ADOPTED BY
ORDINANCE NO. 026385 TO INCREASE ESTIMATED REVENUES
AND APPROPRIATIONS BY $96,414.77 EACH; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $96,414.77 from the Federal Emergency Management Agency is
appropriated in Fund 1020 General Fund for housing costs provided relating to the
assistance rendered regarding Hurricane Katrina evacuees.
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $96,414.77 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Legal form approved March 16, 2006
By: :;::~. ~.~J!.'~
Lisa Aguilar "
Assistant City Attorney
for City Attorney
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: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $200,090.61 IN FUND 1020 GENERAL FUND FROM
ANTICIPATED FUNDING FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR HOUSING PROVIDED RELATED TO
THE ASSISTANCE RENDERED REGARDING HURRICANE KATRINA
EVACUEES; AMENDING FISCAL YEAR 2005-2006 BUDGET
ADOPTED BY ORDINANCE NO. 026385 TO INCREASE ESTIMATED
REVENUES AND APPROPRIATIONS BY $200,090.61 EACH; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TeXAS:
SECTION 1. That $200,090.61 from anticipated funding from the Federal Emergency
Management Agency is appropriated in Fund 1020 General Fund for housing provided
related to the assistance rendered regarding Hurricane Katrina evacuees.
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $200,090.61 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Legal form approved March 16, 2006
J) . .A j.?-,
By: ",./-<../J.-L ~j="'- .
Lisa Aguilar (
Assistant City Attorney
for City Attorney
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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E Marez
Jesse Noyola
Mark Scott
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
3121/06
AGENDA ITEM:
A Ordinance appropriating $32.063.77 in the City Funds listed on the attached schedule from the Federal
Emergency Management Agency for payroll and other expenses incurred by the City of Corpus Christi
related to providing assistance to Hurricane Rita evacuees; amending Fiscal Year 2005-2006 budget
adopted by Ordinance # 026385 to increase estimated revenues and appropriations by $32,063.77
each; and declaring an emergency,
B. Ordinance appropriating $43,197.17 in Fund 1020 General Fund from the Federal Emergency
Management Agency for expenses incurred by outside contractors related to providing assistance to
Hurricane Rita evacuees; amending Fiscal Year 2005-2006 budget adopted by Ordinance # 026385 to
increase estimated revenues and appropriations by $43,197.17 each; and declaring an emergency.
C. Ordinance appropriating $2,257.83 in Fund 1020 General Fund from the Federal Emergency Management
Agency for administrative services performed relating to the assistance rendered regarding Hurricane Rita
evacuees; amending Fiscal Year 2005-2006 budget adopted by Ordinance # 026385 to increase
estimated revenues and appropriations by $2,257.83 each; and declaring an emergency.
ISSUE:
From September 19 to 24, 2006, the City of Corpus Christi prepared for the possible landing of Hurricane Rita.
City and County officials decided to issue an evacuation order for the City of Corpus Christi and surrounding
areas. The City partnered with the Corpus Christi Independent School District to evacuate citizens in low-lying
areas, those with special needs, and others not having transportation or the means to leave from the area. Also
evacuated were those Hurricane Katrina evacuees who were still in shelters. Costs incurred include: overtime
pay and the related benefits. supplies and other expenses. These costs were paid by the City. The Federal
Emergency Management Agency (FEMA) has now reimbursed the City for costs incurred by the City and in so
doing the money now awaits appropriation by the City Council.
In addition, outside contractors also provided shelter and incurred expenses. The contractors include: Corpus
Christi Independent School District who incurred costs of transporting citizens to and from Corpus Christi;
First United Methodist Church, who incurred costs of transporting Hurricane Katrina evacuees to and from
Corpus Christi; and SMG, who incurred costs of readying the arena and convention center. These
organizations submitted their expenses to FEMA through the City of Corpus Christi. FEMA has now
reimbursed the City for costs mcurred by the outside contractors. Once City Council appropriates the funds the
contractors will be reimbursed their costs.
PREVIOUS COUNCIL ACTION:
None.
FUTURE COUNCIL ACTION:
None.
FUNDING:
Receipt of funds from the Federal Emergency Management Agency of the Department of Homeland Security.
CONCLUSION AND RECOMMENDA nON:
City staff recommends approval of the appropriation of funds relating to the reimbursement by Federal
Emergency Management Agency of the Department of Homeland Security for the City of Corpus Christi's
assisting those displaced by Hurricane Katnj t/c ~. ~~
~
Assistant Director of Management and Budget
Atta~hments:
Hurricane Rita- Expense recap by City department
Hurricane Rita - Expense recap by outside contractor
Hurricane Rita - Reimbursement recap
City of Corpus Christi, Texas
Hurricane Rita Expenses - FEMA
Fund Comp.! Overtime Equipment $'s Materials $'s Benefits Subtotal wlo Contractor Dept Total
$'s Reg Time $ Amount
1020 Total 7,873.52 215.95 884.19 1,707.00 10,680.66 43,197.17 53,877.83
1066 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4010 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4130 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4200 Total 333.60 579.90 1,177.20 72.32 2,163.02 0.00 2,163.02
4610 Total 0.00 0.00 5,265.98 0.00 5,265.98 0.00 5,265.98
5010 Total 507.17 0.00 6,784.84 109.95 7,401.96 0.00 7,401.96
5110 Total 0.00 0.00 256.37 0.00 256.37 0.00 256.37
5210 Total 0.00 0.00 6,295.78 0.00 6,295.78 0.00 6,295.78
5613 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Grand Total 8,714.29 795.85 20,664.36 1,889.27 32,063.77 43,197.17 75,260.94
Hurricane Rita
Company Description Contract Total Fund
I Hurricane preparations for the American
ISMG Bank Center y 10,747.62 1020
Provided tranportation for evacuees -
CCISD Corpus Christi citizens y 30,699.55 1020
Evacuated Hurricane Katrina evacuees in
FUMC preparation for Hurricane Rita y 1,750.00 1020
.. .-
Total $43,197.17
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ORDINANCE
APPROPRIATING $32,063.77 IN THE CITY FUNDS LISTED ON THE
ATTACHED SCHEDULE FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY FOR PAYROLL AND OTHER EXPENSES
INCURRED BY THE CITY OF CORPUS CHRISTI RELATED TO
PROVIDING ASSISTANCE TO HURRICANE RITA EVACUEES;
AMENDING FISCAL YEAR 2005-2006 BUDGET ADOPTED BY
ORDINANCE NO. 026385 TO INCREASE ESTIMATED REVENUES
AND APPROPRIATIONS BY $32,063.77 EACH; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $32,063.77 from the Federal Emergency Management Agency is
appropriated in the City funds listed on the attached schedule for payroll and other
expenses incurred by the City of Corpus Christi related to providing assistance to
Hurricane Rita evacuees.
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $32,063.77 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of ,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Legal form approved ~\v\ ~,~ L
. J .'. / ," /' .::;. /
By: t~- . ,;. , r 'T" ./ . ^.j
Lisa Aguilar L
Assistant City Attorney
for City Attorney
i G ,2006
City of Corpus Christi, Texas
Hurricane Rita Expenses - FEMA
Fund Comp./ OvertIme EquIpment $'s Materials $'s Benefits Subtotal w/o Contractor Dept Total
$'s Re Time $ Amount
1020 Total 7,873.52 215.95 884.19 1,707.00 10,680.66 43,197.17 53,877.83
1066 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4010 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4130 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
4200 Total 333.60 579.90 1,177.20 72.32 2,163.02 0.00 2,163.02
4610 Total 0.00 0.00 5,265.98 0.00 5,265.98 0.00 5,265.98
5010 Total 507.17 0.00 6,784.84 109.95 7,401.96 0.00 7,401.96
5110 TotId 0.00 0.00 256.37 0.00 256.37 0.00 256.37
5210 Total 0.00 0.00 6,295.78 0.00 6,295.78 0.00 6,295.78
5613 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Grand Total 8,714.29 795.85 20,664.36 1,889.27 32,063.77 43,197.17 75,260.94
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: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $43,197.17 IN FUND 1020 GENERAL FUND FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
EXPENSES INCURRED BY OUTSIDE CONTRACTORS RELATED TO
PROVIDING ASSISTANCE TO HURRICANE RITA EVACUEES;
AMENDING FISCAL YEAR 2005-2006 BUDGET ADOPTED BY
ORDINANCE NO. 026385 TO INCREASE ESTIMATED REVENUES
AND APPROPRIATIONS BY $43,197.17 EACH; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $43,197.17 from the Federal Emergency Management Agency is
appropriated in Fund 1020 General Fund for expenses incurred by outside contractors
related to providing assistance to Hurricane Rita evacuees.
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $43,197.17 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Legal form approved ~\,\ ~v--:../~ i '- ,2006
By: '1 ",_1/( ,.'i\7<\"j~'
Lisa Aguilar .J
Assistant City Attorney
for City Attorney
Corpus Christi . Texas
Day of _
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
F or 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.
Respectfu lIy,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
ORDINANCE
APPROPRIATING $2,257.83 IN FUND 1020 GENERAL FUND FROM
FEDERAL EMERGENCY MANAGEMENT AGENCY FOR
ADMINISTRATIVE SERVICES PERFORMED RELATING TO THE
ASSISTANCE RENDERED REGARDING HURRICANE RITA
EVACUEES; AMENDING FISCAL YEAR 2005-2006 BUDGET
ADOPTED BY ORDINANCE NO. 026385 TO INCREASE ESTIMATED
REVENUES AND APPROPRIATIONS BY $2,257.83 EACH; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $2,257.83 from the Federal Emergency Management Agency is
appropriated in Fund 1020 General Fund for administrative services performed relating
to the assistance rendered regarding Hurricane Rita evacuees.
SECTION 2. That Fiscal Year 2005-2006 budget adopted by Ordinance No. 026385 is
amended to increase estimated revenues and appropriations by $2,257.83 each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached. the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Legal form approved March 16, 2006
By: 'i;jj,L A-2')'-"'"
Lisa Aguilar ,
Assistant City Attorney
for City Attorney
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: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
25
CITY COUNCIL
AGENDA MEMORANDUM
March 21, 2006
AGENDA ITEM: Ordinance abandoning and vacating a 33Q-square foot port~on of a 5-
foot wide utility easement out of Lot 0, Gardendale Gin Tract; locat~ appr~xlmately
168 feet west of South Staples Street right-ot-way; subject to compliance With the
specified conditions; and declaring an emergency.
ISSUE: The reason for the closure of the utility easement is to allow tor the future
construction and development of a new structure that is proposed to be built over said
easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
B.~II::~~
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Urban Engineering, on behalf of the owners, Ben Car Hill, Inc., is requesting the
abandonment and vacation of a 330-square foot portion of a 5-foot wide utility easement
out of Lot D, Gardendale Gin Tract, to eliminate a conflict with a proposed building site.
The easement to be abandoned and vacated is located in a "8-4" General Business
District.
All public and franchised utilities were contacted. AEP had no objections, but will seek
reimbursement if adjustments to their facilities become necessary. SBC had no objections,
but will seek reimbursement if adjustments to their facilities become necessary. None of
the other city departments or franchised utility companies had any facilities within the utility
easement. There were no objections regarding the proposed utility easement
abandonment.
Staff recommends payment of the fair market value of $ 610.00 for the abandonment and
vacation of a 330-square foot portion of the 5-foot wide utility easement. The owner has
been advised of and concurs with the conditions of the easement abandonment and
vacation
EXHIBIT A
FROM: BA Holly, AICP, Director of Development Services
DATE: March 14, 2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 21, 2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 330-square foot portion of a 5-foot wide utility easement out of Lot D,
Gardendale Gin Tract, approximately 168 feet west of the S. Staples Street right-of-way; requiring the owner
Ben Car Hill, Inc., to comply with the specified conditions: and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 23, Page 73, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1 That the Owner pay the fair market value of $610.00 for the abandonment and vacation of
the total 330-square foot portion of the 5-foot wide utility easement.
2\ AEP had no objections, but will seek reimbursement if adjustments to their facilities become
necessary.
3) SBC had no objections, but will seek reimbursement if adjustments to their facilities become
necessary.
6) Upon approval from Council and issuance of the ordinance, all grants of easement closures
must be recorded at owner's expense in the real property Map Records of Nueces County,
Texas, in which the property is located. Prior to Building Permit approval of construction, an
up-to-date survey, abstracted for all easements and items of record, must be submitted to the
Director of Development Services.
T, Owner must comply with all the specified conditions of the ordinance within 180 days of
Council approval
REQUESTED BY:
B.~, Director of Development Services
DATE: 3)~, V~
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 330-SQUARE FOOT PORTION OF
5-FOOT WIDE UTILITY EASEMENT OUT OF LOT D, GARDENDALE
GIN TRACT; LOCATED APPROXIMATELY 168 FEET WEST OF
SOUTH STAPLES STREET RIGHT-OF-WAY; SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY.
WHEREAS, there is a 330-square foot portion of the 5-foot wide utility easement out of
Lot D, Gardendale Gin Tract, located approximately 168 feet west of South Staples
Street right-of-way, that Ben Car Hill, Inc., is requesting to have abandoned and vacated
as a utility easement to cure a building encroachment; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the 5-foot utility easement for
utility purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 330-square foot portion of the 5-foot wide utility easement out of
lot D, Gardendale Gin Tract, plat thereof recorded at Volume 23, Page 73, of the Map
Records of Nueces County, Texas, located approximately 168 feet west of South
Staples Street right-of-way, is abandoned and vacated for public use as a utility
easement (described on attachment hereto), subject to Ben Car Hill, Inc.'s, compliance
with the following specified conditions as part of the abandonment and vacation:
1) That the Owner pay the fair market value of $610.00 for the abandonment
and vacation of the total 330-square foot portion of the 5-foot wide utility
easement.
2) AEP had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
3) SBC had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
4) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
5) Upon approval from City Council and issuance of the ordinance, all grants of
easement closures must be recorded at the owner's expense in the real
property Map Records of Nueces County, Texas, in which the property is
located. Prior to building permit approval of construction, an up-to-date
H : Leg/ garyws/ agenda/2 006/03 - 211Gardendale easement abandon
survey, abstracted for all easements and items of record, must be submitted
to the Director of Development Services.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure on this 215 day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor, City of Corpus Christi
APPROVED: March 16, 2006.
~iIv
Gary . Smith
Assistant City Attorney
For City Attorney
H:Leg/garyws/agenda!2006/03-21/Gardendale easement abandon
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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H: Leg! garyws/ agenda/2 006/03 - 21/ G ardendale easement abandon
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LOCATION MAP N.T.S.
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Recorda of Nueces County, Texa8
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Recorda of Nuectl County, Texas
------7-----------------
r 10' U.E. EXHIBIT C
-- .- - -- - - - -.- - - -- - - - - - Map to Accompany
~o 1 P OJ 20 40 FTE1JJN()TfS for thf closing of a 5.00 foot widt1 utlity (J(1S(JfT1ent as
~ ~. I I shown on fhf ffCOffItd plot of Lot ~ GorrItJndaII Tract, 0 mop of
GRAPHIC SCALE which is rw:orrMd in VoIrirN 20, Page 7~ Map R<<:ords of NUtICeS
1--20' Coun~ ruas.
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IMTE: ~ 25. 2008
sew [: N.T.s.
JOB NO.: 38707.M.01
SHEET: 2OF2
DRAWN BY: DL
26
CITY COUNCIL
AGENDA MEMORANDUM
March 21,2006
AGENDA ITEM: Ordinance abandoning and vacating a 325-square foot portion of a
15-foot wide utility easement out of Lot 13, Block 1, Queen's Crossing Unit 1; located at
6550 Picante Street, approximately 75 feet west of the Salsa Drive and Picante Street
intersection; subject to compliance with the specified conditions; and dedaring an
emergency.
ISSUE: The closure of the utility easement is proposed to correct an encroachment
resulting from a residential structure constructed over a portion of the easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis
~P
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Ata O. Azali, Inc., (Owner), is requesting the abandonment and vacation of a 325-square
foot portion of a 15-foot wide utility easement out of Lot 13, Block 1, Queen's Crossing Unit
1, located at 6550 Picante Street, approximately 75-feet west Salsa Drive and Picante
Street intersection, in order to correct an encroachment into the easement by a residential
structure. The easement to be abandoned and vacated is located in an "R-1 B" one-family
dwelling district.
The house slab on-grade foundation has a minimum 4-foot encroachment into the 15-foot
wide utility easement. The existing easement width will be reduced to 10-feet in width.
Owner will be required to sign a Hold Harmless Agreement releasing the City of any liability
from damage to the existing house resulting from the installation of any future city utilities.
Owner must comply with the specified conditions of the Ordinance prior to the occupancy
of the house.
All public and franchised utilities were contacted. None of the city departments and
franchised utility companies had any objections with the portion of utility easement to be
abandoned. A Harm Harmless Agreement will be required, to fully indemnify the City and
any of the private franchised utility companies against any and all liability which may arise
from any maintenance to the existing public utilities or the installation of any future public
utilities within the easement.
Staff recommends payment of fair market value for the easement closure be waived,
because Owner dedicated the portion of easement being abandoned, according to Texas
Local Government Code 272.001 (b). The owner has been advised of and concurs with
the conditions of the easement abandonment and vacation.
EXHIBIT A
FROM BA Holly, AICP, Director of Development Services
DATE: March 14. 2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 21, 2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 325-square foot portion of a 15-foot wide utility easement out of Lot 13, Block 1,
Queen's Crossing Unit 1, located at 6550 Picante Street, approximately 75 feet west of the Salsa Drive and Picante
Street intersection; requiring the owner Ata 0 Azali, Inc.. to comply with the specified conditions; and declaring an
emergency
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 64, Pages 135-137, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
That payment of fair market value for the easement closure be waived, because Owner dedicated the
portion of easement being abandoned, according to Texas Local Government Code 272.001 (b).
21 A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the
utility easement and the future maintenance of any existing public utilities in the easement, and any
future public utility installations within the easement. Owner must comply with all of the conditions as
set forth in the Hold Harmless Agreement and Covenant.
4) Maintain the area between the existing house structure and the remaining 1 O-foot utility easement free
of any permanent structures that could prohibit access and maneuverability over the easement area to
maintain, repair, or replace the existing utilities and any future utility installations within the easement.
5 i Owner is required to allow access to the existing public utilities within the utility easement at all times
without cost to the City or any of the public utility companies for restoration of any surface
improvements and landscaping,
6) Owner must comply with comply with the specified conditions of the Ordinance prior to occupancy of
the house.
7' Upon approval from Council and issuance of the ordinance, all grants of easement closures must be
recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the
property is located. Prior to Permit approval of construction, an up-to-date survey, abstracted for all
easements and items Building of record. must be submitted to the Director of Development Services.
REQUESTED BY:
rector of Development Services
DATE:
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 325-SQUARE FOOT PORTION OF
i5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 13, BLOCK 1,
QUEEN'S CROSSING UNIT 1; LOCATED AT 6550 PICANTE STREET,
APPROXIMATELY 75 FEET WEST OF THE SALSA DRIVE AND
PICANTE STREET INTERSECTION; SUBJECT TO COMPLIANCE
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 325-square foot portion of the 15-foot wide utility easement out of
Lot 13, Block 1, Queen's Crossing Unit 1, located at 6550 Picante Street, approximately
75 feet west of the Salsa Drive and Picante Street intersection, that Ata O. Azali, Inc., is
requesting to have abandoned and vacated as a utility easement to cure a building
encroachment; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the 15-foot utility easement for
utility purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 325-square foot portion of the 15-foot wide utility easement out of
Lot 13, Block 1, Queen's Crossing Unit 1, according to the map or plat thereof recorded
in Volume 64, Pages 135-137, of the Map Records of Nueces County, Texas, located at
6550 Picante Street, approximately 75 feet west of the Salsa Drive and Picante Street
intersection, is abandoned and vacated for public use as a utility easement (described
on attachment hereto), subject to Ata O. Azali, Inc.'s, compliance with the following
specified conditions as part of the abandonment and vacation:
1) That payment of fair market value for the easement closure is waived,
because Owner dedicated the portion of easement being abandoned,
according to Texas Local Government Code 272.001 (b).
2) A Hold Harmless Agreement and Covenant is required by the City due to
the encroachment of the utility easement and the future maintenance of
any existing public utilities in the easement, and any future public utility
installations within the easement. Owner must comply with all of the
conditions as set forth in the Hold Harmless Agreement and Covenant.
3) Maintain the area between the existing house structure and the remaining
10-foot utility easement free of any permanent structures that could
prohibit access and maneuverability over the easement area to maintain,
repair, or replace the existing utilities and any future utility installations
within the easement.
H:Leg/garyws/agenda/2006/03 - 21 /Queen' s Crossing easement abandon
4) Owner is required to allow access to the existing public utilities within the
utility easement at all times without cost to the City or any of the public
utility companies for restoration of any surface improvements and
landscaping.
5) Owner must comply with the specified conditions of the Ordinance prior to
occupancy of the house.
6) Upon approval from City Council and issuance of the ordinance, all grants
of easement closures must be recorded at the owner's expense in the real
property Map Records of Nueces County, Texas, in which the property is
located. Prior to building permit approval of construction, an up-to-date
survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure on this 21 S day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March 16, 2006.
Henry Garrett
Mayor, City of Corpus Christi
~dbJ
Gary . Smith
Assistant City Attorney
For City Attorney
H: Leg/ garyws/agenda/2006/03- 211Queen' s Crossing easement abandon
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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H :Leglgaryws/agenda/2006/03- 2l (Queen' s Crossing easement abandon
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LOT 13. BLOCK 1
QUEEN'S CROSSING UNIT 1
EXHIBIT C
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11 SITE"
EASEMENT CLOSURE
LOT 13, BLOCK 1
QUEEN'S CROSSING UNIT 1
EXHIBIT C
27
CITY COUNCIL
AGENDA MEMORANDUM
DATE: March 21,2006
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use
Privilege Agreement with Alpheus Communications ("Owner"), for the right to install, operate, repair,
replace, and maintain approximately 39-linear feet of a private 4-inch HOPE conduit with fiber optic
cable within the northern portion of the Leopard Street and N. Carancahua Street intersection;
establishing a fee of $608.50 ; and declaring an emergency.
ISSUE: Alpheus Communications submitted a request to install a private 4-inch HOPE conduit with
fiber optic cable from an existing TELWEST manhole to an existing SBC manhole both located at
the Leopard Street and N. Carancahus Street intersection.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion
of public right-of-way for private purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~p
Director of Development Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Agreement
Alpheus Communications ("Owner") requested a Use Privilege Agreement (UPA) from the City of
Corpus Christi to install, operate, repair, replace, and maintain approximately 39 linear feet of a
private 4-inch HOPE conduit with fiber optic cable within the northern portion of the Leopard Street
and N. Carancahua Street intersection.
Alpheus Communications a Texas wholesale telecommunications provider has an extensive optical
network to carry voice, data, and video within and between the five metropolitan areas in Texas-
Austin, Dallas, Ft. Worth, Houston, San Antonio, and now Corpus Christi. They provide their
customers a fully redundant state-of-the-art transport network for competitive telephone carriers
(both wired and wireless), for enterprise data circuits, and for cost efficient public sector bandwidth
needs.
Alpheus Communications is installing the private conduit and fiber optic cable from the TEL WEST
manhole to the SSC manhole, both located on the northern portion of the Leopard Street and N.
Carancahua Street intersection. Alpheus Communications will have to open-cut and trench the
public street right-of-way surface to install the fiber optic cable between the two manholes. The fiber
optic cable will provide service to their main hub proposed at 606 N. Carancahua Street.
Alpheus Communications will own the private 4-inch HOPE conduit with fiber optic cable, and will be
solely responsible for all maintenance and removal of said cable. An Engineering Permit will be
required for any future repair, replacement, maintenance, and removal of the fiber optic. As-built
construction plans must be submitted to the City upon completion of the fiber optic cable installation,
showing all conduits and fiber optic cable within city rights-of-way.
All public and franchised utilities were contacted. Traffic Engineering is restricting the proposed
construction work between the hours of 9:30 am to 4:30 pm, Monday thru Friday, and on weekends,
if needed. None of the other city and private franchised utilities had any objections, provided the
applicant meets the specified conditions set out in the UPA including the utility separation clearance
as stated in "Paragraph (" of the UPA. The applicant has been advised of and concurs with the
conditions of the Use Privilege Agreement.
A one-time fee of $608.50 is recommended for the UPA.
H;I...lgenlag05Iupalalpheus-comm.m2
EXHIBIT A
FROM: SA Holly, AICP, Director of Development Services
DATE: February 27,2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 21, 2006
ORDINANCE CAPTION:
Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Alpheus
Communications ("Owner"), for the right to install, operate, repair, replace, and maintain approximately 39-linear feet of a
private 4-inch HOPE conduit with fiber optic cable within the northern portion of the Leopard Street and N. Carancahua Street
intersection: establishing a fee of $608.50 : and declaring an emergency,
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1,
A1pheus Communications ("Owner") pay the $608.50 UPA fee for the fiber optic cable installation within the Leopard
Street and N. Carancahua Street rights-of-way.
Owner work at the proposed construction site only within the hours of 9:30am to 4:30 pm, Monday thru Friday, and on
weekends.
2.
<
v'
Owner comply with the required utility separation clearance as stated in "Paragraph I" of the Use Privilege Agreement
and maintain the minimum horizontal and vertical utility separation requirements as required by TCEQ.
4
Owner notify City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies 48 hours
prior to any construction work.
~
Owner obtain an Engineering Permit for any future maintenance or removal of the private 4-inch HOPE conduit and
fiber optic cable.
As-built construction plans to be submitted to the City upon completion of the fiber optic cable installation, showing all
conduits and fiber optic cable within city rights-of-way.
Owner agrees to comply with all the specified conditions and provisions as set out in the Use Privilege Agreement.
6,
7,
REQUESTED BY
B~Director of Development Services
DATE: ~. ~~/ eX::,
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH ALPHEUS
COMMUNICATIONS FOR THE RIGHT TO INSTALL, OPERATE,
REPAIR, REPLACE, AND MAINTAIN APPROXIMATELY 39.L1NEAR
FEET OF A PRIVATE 4-INCH HDPE CONDUIT WITH FIBER OPTIC
CABLE WITHIN THE NORTHERN PORTION OF THE LEOPARD
STREET AND N. CARANCAHUA STREET INTERSECTION;
ESTABLISHING A FEE OF $608.50; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with Alpheus Communications for the right to install, operate,
repair, replace, and maintain approximately 39-linear feet of a private 4-inch HDPE
conduit with fiber optic cable within the northern portion of the Leopard Street and N.
Carancahua Street intersection.
SECTION 2. That Alpheus Communications comply with the terms and conditions of
the use privilege agreement, a copy of which is on file with the City Secretary, and be
subject to the following conditions as part of the use privilege agreement:
1. Alpheus Communications ("Owner") pay the $608.50 UPA fee for the fiber optic
cable installation within the Leopard Street and N. Carancahua Street rights-of-
way.
2. Owner work at the proposed construction site only within the hours of 9:30 a.m.
to 4:30 p.m., Monday through Friday, and on weekends.
3. Owner comply with the required utility separation clearance as stated in
"Paragraph I" of the Use Privilege Agreement and maintain the minimum
horizontal and vertical utility separation requirements as required by TCEQ.
4. Owner notify City Water, Wastewater, Gas, and Storm Water Departments and
all private utility companies 48 hours prior to any construction work.
5. Owner obtain an Engineering Permit for any future maintenance or removal of
the private 4-inch HDPE conduit and fiber optic cable.
6. As-built construction plans to be submitted to the City upon completion of the
fiber optic cable installation, showing all conduits and fiber optic cable within city
rights-of-way.
7. Owner agrees to comply with all the specified conditions and provisions as set
out in the Use Privilege Agreement.
H: \LEG-DIR \garyws\garyws\agenda \2006\03- 21 \ORD-upa-Alpheus Communications. doc
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 21 sl day of March 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved March 16,2006
By: ~~tiJJ
ary . Smith
Assistant City Attorney
For City Attorney
H :\LEG-DIR \garyws\garyws\agenda \2006\03- 21 \ORD-upa- Alpheus Communications. 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
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/We, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett.
Brent Chesney
John Marez
Jerry Ga rcia
William Kelley
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H: \LEG- DIR\garyws\garyws\agenda\2006 \03 - 21 \ORD-upa- Alpheus Communications. doc
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28
AGENDA MEMORANDUM
City Council Action Date: 3/21/06
Case No. 020S-04-BL Real Estate Holdinl! Companv (Bluff's LandinI! Marina): An ordinance granting a
time extension of one year for a special permit for an event center in an "R-IC" One-family Dwelling District,
Lots 2 and 12, Block I, Tyler Subdivision, located approximately 400 feet north of Laguna Shores Drive
between Wyndale Drive and Claudia Drive; and Declaring an emergency.
Staff's Recommendation: Approval of the time extension for one year to March 29, 2007 for the Special
Permit.
ReQuested Council Action: Approval of a time extension for one year to March 29, 2007 for the Special
Permit.
Purpose of Reauest:
A change of zoning on Tract 1 from "R-IC" One-family Dwelling District to
"R-IC" with a Special Permit for an Event Center was approved by the City
Council on March 29, 2005. The Special Permit was issued for one year and
expires on March 29, 2006. The property owner is requesting the time
extension because he has not been able to begin construction due to site
difficulties with utility relocations. However, the owner feels confident that
these issues will be resolved soon and construction should begin in the next
several months.
Summary :
· Existing Land Use: The subject property is low density residential and vacant.
· Density: Minimum lot area permitted in the "R-l e" District provides 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.
. Transportation:
.
Laguna Shores Drive is proposed in the Urban Transportation Plan as a two lane parkway
collector with a capacity of 5,000 trips per day. Claudia Drive is a local street and Wyndale
Drive is a local collector street with a capacity of 2,500 trips per day. The Event Center would
generate approximately 117 average daily trips, all of which would gain access to the Event
Center parking lot via Laguna Shores Drive and Wyndale Drive. Both Wyndale Drive and
Laguna Shores Drive would accommodate the additional traffic projected by the proposed use.
· Comprehensive Plan and Land Use Compatibility. The proposed Event Center use is consistent
with the Future Land Use Plan and the Flour Bluff Area Development Plan.
Recommendation: Approval ofa one year time extension for the Special Permit to March 29,2007.
Applicant's Position: The applicant is requesting the time extension.
Agenda Memorandum
Case No, 0205-04 (BL Real Estate Holding Co ~" Bluff Landing Marina)
Page 2
Notification: Of the twenty-two (22) notices mailed in March 2005 to the surrounding property owners,
two were returned in favor and one was returned in opposition within the area and one returned in
opposition from outside the area. A petition was received having two from inside the notification area
and 17 in favor from outside the area. This requested time extension is considered noncontroversial.
J2~~GU~ing, ~2:~ ~ U
Assistant Director of Development Services
MG/MR
Attachments:
1) Zoning Report (3/29/05)
2) Ordinance
II:\PLN-DIR"SHARED\GAH.\WORD AGENDMEM\2006\March\0205-04,2 (time ext) AGENDAMEMO.doc
BL Real Estate Holding Company, Inc.
5716 Hwy 290 West, Suite 200
Austin, Texas 78735
(512) 892-6000/fax (512) 892-7992
March 6, 2006
Development Services Department
2406 Leopard Street
Corpus Christi, Texas 78408
Re: BL Real Estate Holding Company (Bluff's Landing Marina) Zoning Case 0205-04
This letter is to request a renewal of one year, for the time extension for the Special
Permit issued by the City of Corpus Christi for proposed Event Center. Please refer to
BL Real Estate Holding Company (Bluff's Landing Marina) Zoning Case 0205-04. We
are requesting that this be put on the agenda for the City Council meeting taking place
March 21, 2006. Enclosed is a check in the amount ofS50.00.
Sincerely,
~~vJ Ie{ QLJivr
Kris Hawkins
CITY COUNCIL
ZONING REPORT
Case No. 0205-04
City Council Hearing Date: March 29, 2005
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i Area: Tract 1 17,250 square feet
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I Tract 2 14,028 square feet
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I Purpose of Request: Tract 1 - Event Center
Tract 2 - Motel
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I Zoning Existing Land Use Future Land Use
[ S' "R-l C' One-family Low-density residential Neighborhood Business
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I Tract 1 Dwelling DistrIct and vacant and Low-density
fNorth residential
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"R-IC" One-family Low-density residential Low-density residential
r South Dwelling District and vacant
"B-1" Neighborhood Low-density residential Neighborhood Business
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! Business District and and vacant and low-density residential
! "R-IC' One-family
i Dwelling District
I East "B-2" Bayfront Business Commercial (Marina) Commercial
! District
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I West "R-IC" One-family Low-density residential Low-density residential
I I Dwelling District I
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Zonmg Report
Case No 0205-04 (BL Real Estate Holdmg Co. " Bluff's Landing Marina
Page 2
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r ! -- Zoning -- Existing Land Use Future Land Use
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I Site- "R-l C" One-family Vacant Neighborhood Business
hTract 2 Dwellmg District
; North "R-l C" One-family Low-density residential Low-density residential
r Dwelhng District
, South "R-IB" One Family Low-density residential Low-density residential
Dwelhng DistrIct and vacant
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, East "B-1" Neighborhood Vacant Neighborhood Commercial
Business District
West "R-IC" One-family Low-density residential Low-density residential
I Dwelhng District
Area Development Plan: Flour Bluff - The Flour Bluff Area Development Plan's adopted future
land use map recommends the following:
Tract 1: Lot 2 portion (eastern 2/3) of Tract 1 to Neighborhood Business and the Lot 12
portion (western 1/3) of Tract 1 to remain as low-density residential.
Tract 2: To Neighborhood Business.
Map No.: 036,026
Zoning Violations: None
. The applicant is requesting a change of zoning to "B-2" Bayfront Business District on Tract
1 for the development of an event center as an accessory use to the recently redeveloped
commercial marina and restaurant uses across Wyndale Drive and to "AT" Apartment
Tourist District on Tract 2 for the development of a 26 unit motel.
. Tract 1 has direct access to a collector street, Wyndale Drive, with secondary access to
Claudia Drive, a local street. Traffic generated by the event center would primarily use
Wyndale Drive via Laguna Shores Drive, the primary collector street serving this area.
Tract 2 has direct access to a local street, Claudia Drive, and is located at the intersection
with Laguna Shores Drive.
· The event center use (Tract 1) classified as a restaurant/drinking place use would generate
approximately 117 average daily vehicles. The 26 unit motel (Tract 2) would generate
approximately 230 average daily vehicles. Laguna Shores Road would accommodate the
additional traffic projected by the proposed uses.
. A water/wastewater demand of the proposed restaurant/drinking place use (Tract 1) is
projected at 800 gallons per day with a solid waste demand of 340 Ibs. daily. A
water/wastewater demand of the proposed motel use (Tract 2) is projected at 644 gallons per
day with a solid waste demand of 232 lbs. daily.
Zonmg Repon
Case No 0205-04 (BL Real Estate Holdmg Co, - Bluffs Landing Marina
Page 3
· Tract 1 - The "B-2" District allows for signs not exceeding sixty (60) square feet in area and
used only to advertise the principal business or activity conducted on the premises. For each
one (1) foot oflot frontage in excess of one hundred (100) feet, one (1) additional square foot
of sign area shall be permitted, provided the total sign area shall not exceed two hundred and
sixty (260) square feet. The permitted square feet in sign area may be divided among several
smaller signs, provided only one sign, not attached flat against a wall of the building shall be
permitted for each lot or other area greater than one lot under one ownership. No sign which
is other than flat against the wall shall in any event exceed one hundred fifty (150) square
feet III area. In no case shall any sign project above the height of the building, and if attached
flat against a wall of the building such sign shall not project more than eighteen (18) inches
from the wall of the building or structure. No signs shall be permitted, regardless of size,
which revolve, whirl, move, flash, or make noise. No agency of the City of Corpus Christi
may grant a variance, exception, or take any action which would permit a sign to be erected
in excess of the size provided herein or different from the provisions contained herein.
· Tract 2 - The "AT" District allows accessory buildings and uses including signage not
exceeding sixty (60) square feet in area and used only to advertise the principal business or
activity conducted on the premises. For each one (1) foot of lot frontage in excess of one
hundred (100) feet, (1) additional square foot of sign area shall be permitted provided the
total SIgn area shall not exceed two hundred sixty (260) square feet. The permitted square
C: footage of sign area may be divided among several signs, provided only one (1) sign not
6 attached flat against a wall of the building shall be permitted for each lot or premise and
6 provided that only one (1) wall sign shall be permitted per street frontage. The one (1)
~ freestanding sign shall not, in any event, exceed sixty (60) square feet in area or twenty (20)
~ feet in height. In no case shall any wall sign project above the height of the building, and
f; when attached flat against a wall of the building such sign shall not project more than
~ eighteen (18) inches from the wall of the building or structure. No signs shall be permitted,
regardless of size, which revolve, whirl, move, flash, or make noise. No portable signs shall
be permitted
· The requested "B-2" Bayfront Business District on Tract 1 is inconsistent with the future
land use map which recommends neighborhood business on the eastern 2/3 (Lot 2) of Tract 1
and low denSIty residential use on the western 1/3 (Lot 12). Staff recommends denial of the
"B-2" District for the subject property, and in lieu thereof, a Special Permit to allow for the
event center use with several conditions to protect and buffer the adjoining residential uses.
The requested "AT" Apartment Tourist District on Tract 2 is consistent with the future land
use map that recommends neighborhood business use at this location. Staff recommends
approval of the "AT" District to allow for the motel use. Staff believes that these uses are
complementary and accessory to the primary commercial marina located adjacent to Tracts 1
and 2. The applicant has shown a willingness to work with staff and the neighborhood to
mitigate any adverse impacts which may be generated by these accessory uses.
· A change of zoning to a "B-2" Bayfront Business District on Tract 1 does not ensure
added protection to the adjoining residential areas. However, a new Special Permit in the
"R-I C"/SP District would allow for the requested uses while providing protection for the
adjacent residential uses. A change of zoning to a "AT" Apartment-Tourist District on Tract
2 is consistent with the future land use map and is recommended.
Zomng Report
Case No 0205-04 (BL Real Estate Holdmg Co.. - Bluff's Landing Marina
Page 4
Street
____u__ ~'
Type Paved Section Volume
(2001)
ad Parkway/Collector 60' R.O.W.l24' paved N/A
section with side ditches
- --
Collector 60' R.O.W. w/ 24' paved N/A
! section with sheet flow
drainage
Local 50' R.O.W. w/20' paved N/A
--..--.- section with side ditches
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The subject properties (both Tract 1 and Tract 2) are platted.
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: The objectives of economic development of shoreline areas accessible by navigable channels for
I marinas will be significantly enhanced by these changes of zoning while at the same time
I providing protection for the surrounding residential area.
See next page for Staff recommendation.
Zonmg Report
Case No 0205-04 (SL Real Estate Holdmg Co, - Sluffs Landing Marina
Page 5
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TRACT 1: Delllal of the "B-2" Bayfront Business District on Tract 1 and, in lieu thereof,
approval of a Special Permit for an events center with the following conditions and subject to an
approved site plan. (See attached plan)
1. USE: The only use authorized by this Special Permit other than the basic "R-IC" One-
family Dwelling District uses in the Tyler Subdivision, Lots I & 12, is an accessory
event centerlbanquet hall to the existing restaurant and marina located across Wyndale
Drive and parking to serve the proposed banquet hall and the existing restaurant and
marina. Preparation of food is not permitted inside the event center. A warming kitchen
and outdoor food preparation by vendors are acceptable.
2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00
PM on Sunday through Thursday and 6:00 AM until II :00 PM on Fridays and Saturdays.
3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and
Claudia Drive shall be maintained, no driveway is permitted within the setback area
along Wvndale Drive.
4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight
feet in height to serve as visual and sound barriers shall be maintained along all
perimeters where the proposed banquet hall is adjacent to residential uses. A continuous
oleander screen shall be provided within the Claudia Street setback. The walls must be
covered with evergreen vines within two years of the date of this ordinance. The walls
must be setback a minimum of 20 feet from the adjacent street rights-of-way. Live
entertainment and/or disc jockey music will require the garage doors of the event center
to be closed.
5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting
and directed away from adjacent residential uses. All outdoor lighting on poles shall be a
maximum of 20 feet in height.
6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50
feet from any resldential structure and shall not be within the front or rear setback area.
Screening of any trash receptacle with a six foot solid fence with gate is required.
7. LANDSCAPING: In addition to complying fully with the landscape requirements of the
Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk
height on minimum 20 foot on center spacing must be located within the 20 foot setback
areas of the subject property.
8. TIME LIMIT: The Special Permit shall expire within one year from the date of this
ordinance unless the property is used as specified and in full compliance with all
conditions of the Special Permit and all other applicable ordinances, rules, and
regul ations.
TRACT 2: Approval of the AT Apartment-Tourist District.
Zonmg Report
('asc No 0205-04 (BL Real Estate Holdmg Co , - Bluffs Landing Marina
Page 6
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Attachment:
TRACT 1: DenIal of the "B-2" Bayfront Business District on Tract 1 and, in lieu thereof,
approval of a Special Permit for an events center subject to eight (8) conditions.
TRACT 2: Approval of the "AT" Apartment-Tourist District on Tract 2.
,
I
, Tract 1: Number of Notices Mailed
i Favor 1
I Opposition 0
Tract 2: Number of Notices Mailed
! Favor 0
! Opposition 0
I (As of February 17,2005)
22
21
Zoning Map
Site Plan
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F-R Farm Rural Oistrict
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B-2A Barrier Island Business District
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AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPUCATION
BY BL HOLDING COMPANY BY CHANGING THE ZONING MAP IN
REFERENCE TO THE TYLER SUBDIVISION, BLOCK 1, LOTS 2 AND
12 REFERRED TO AS TRACT 1, AND TYLER SUBDIVISION, BLOCK
2, TRACT C REFERRED TO AS TRACT 2, (CURRENTLY ZONED
"R-1 C" ONE-FAMILY DWELLING DISTRICT) BY GRANnNG A
SPECIAL PERMIT FOR AN EVENT CENTER SUBJECT TO EIGHT (8)
CONDITIONS AND A S'TE PLAN FOR TRACT 1 AND BY CHANGING
THE ZONING ON TRACT 2 FROM "R-1C" ONE-FAMILY DWELLING
DISTRICT TO "AT" APARTMENT TOURIST; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIAnONS
FROM THE exlsnNG COMPREHENSIVE PLAN; PROVIDING FOR
PUBLlCAnON; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations conceming the application of Bl Holding Company for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 23, 2005, during a meeting of the Planning Commission, and on Tuesday,
March 29, 2005, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi. during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISn, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on the Tyler Subdivision, Block 1, Lots 2 and 12
referred to as Tract 1, and Tyler Subdivision, Block 2, Tract C, referred to as Tract 2,
(both currently zoned "R-1 e" One-family Dwelling District by granting a special permit
for an event center subject to a site plan and eight (8) conditions for Tract 1 and by
changing the zoning on Tract 2 from "R-1C" One-family Dwelling District to "AT"
Apartment Tourist District; located east of Laguna Shores Road and north of Wyndale
Drive and Claudia Street, as shown on the attached Exhibit of the Tract 1 Site Plan.
(Map 036026)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following eight (8) conditions and site plan:
02619a
Page 2 of 4
TRACT 1:
1. USE: The only use authorized by this Special Permit other than the basic "R-1C"
One-family Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an
accessory event centerlbanquet hall to the existing restaurant and marina
located across Wyndale Drive and parking to serve the proposed banquet hall
and the existing restaurant and marina. Preparation of food is not permitted
inside the event center. A warming kitchen and outdoor food preparation by
vendors are acceptable.
2 HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until
10:00 PM on Sunday through Thursday and 6:00 AM until 11 :00 PM on Fridays
and Saturdays
3. SETBACK: A 20 foot minimum building and parking setback along Wyndale
Drive and Claudia Drive shall be maintained, no driveway is permitted within the
setback area along Wyndale Drive.
4. SCREENINGI NOISE ATTENUATION: Solid masonry walls with a minimum of
eight feet in height to serve as visual and sound barriers shall be maintained
along all perimeters where the proposed banquet hall is adjacent to residential
uses. A continuous oleander screen shall be provided within the Claudia Street
setback. The walls must be covered with evergreen vines within two years of the
date of this ordinance. The walls must be setback a minimum of 20 feet from the
adjacent street rights-of-way. Live entertainment and/or disc jockey music will
require the garage doors of the event center to be closed.
5, LIGHTING: All outdoor lighting on the property shall be shielded directional
lighting and directed away from adjacent residential uses. All outdoor lighting on
poles shall be a maximum of 20 feet in height.
6 TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer
than 50 feet from any residential structure and shall not be within the front or rear
setback area. Screening of any trash receptacle with a six foot solid fence with
gate is required
7 LANDSCAPING: In addition to complying fully with the landscape requirements
of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven
foot trunk height on minimum 20 foot on center spacing must be located within
the 20 foot setback areas of the subject property.
8. TIME LIMIT: The Special Permit shall expire within one year from the date of this
ordinance unless the property is used as specified and in full compliance with all
conditions of the Special Permit.
TRACT 2: Approval of the "AT" Apartment Tourist District.
H,IlEG-OlR\JosephlZonlng-OS\o205-04Special,doc
Page 3 of 4
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance '
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to confonn to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 29th day of March, 2005.
A~~
Armando Chapa
City Secretary
Samuel L. eal, Jr.
Mayor, The City of Corpus Christi
APPROVED
1. V 2005
EFFECTIVE DATE
l-l! tit ~JS'
H:\lEG-DfR\Joseph\Zoning-()5\o205-04Speclal,doc
Page 4 of 4
Corpus Christi, Texas
j{rL day of t\tLvt h.... ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council
Respectfully,
Respectfully,
_d..I'~ ~
, Samuel L. eal, Jr. '
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
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Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
William Kelly
Rex A. Kinnison
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Jesse Noyola
Mark Scott
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Page 1 of 3
AN ORDINANCE
GRANTING A TIME EXTENSION OF ONE YEAR FOR A SPECIAL
PERMIT FOR AN EVENT CENTER IN AN "R-1C" ONE-FAMILY
DWELLING DISTRICT, LOTS 2 AND 12, BLOCK 1, TYLER
SUBDIVISION, LOCATED APPROXIMATELY 400 FEET NORTH OF
LAGUNA SHORES DRIVE BETWEEN WYNDALE DRIVE AND
CLAUDIA DRIVE; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council on March 29, 2005, by Ordinance No. 026193, granted a
change in zoning from "R-1 C" One-family Dwelling District to "R-1 C" One-family
Dwelling District with a Special Permit for an Event Center on Lots 2 & 12, Block 1,
Tyler Subdivision, located approximately 400 feet north of Laguna Shores between
Wyndale Drive and Claudia Drive;
WHEREAS, the property owner has not been able to begin construction on the Event
Center due to site difficulties with utility relocations;
WHEREAS, the Special Permit expires on March 29, 2006;
WHEREAS, the property owner believes that the difficulties will soon be resolved and
construction will begin within the next few months; and
WHEREAS, the City Council has determined that extension of the Special Permit for
one year, until March 29, 2007, 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 "R-1 Cot One-family Dwelling District with a Special Permit for an
Event Center on Lots 2 & 12, Block 1, Tyler Subdivision, located approximately 400 feet
north of Laguna Shores between Wyndale Drive and Claudia Drive, granted by City
Council on March 29, 2005, by Ordinance No. 026193, is hereby extended for a one
year period, to expire on March 29, 2007.
SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule 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 2151 day of March, 2006.
H:\LEG-OIR\GARYWS\GARYWS\AGENDA\2006\03-21\ORD_BLUFF LANDING MARINA SP. PERMIT
EXTENSION DOC
Page 2 of 3
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: March 16,2006
~ "Om~
Gary ~ Smith
Assistant City Attorney
For City Attorney
H:\LEG-DIR\GARYWS\GARYWS\AGENDA\2006\03_21\ORD_BLUFF LANDING MARINA SP. PERMIT
EXTENSION.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 Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:\LEG-DIR\GARYWS\GARYWS\AGENDA\2006\03_21\ORD_BLUFF LANDING MARINA SP. PERMIT
EXTENSIONDOC
29
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
REGULAR MEETING
Date: Tuesday, March 21,2006
Time: During the meeting of the City Council beginning at
10:00 a.m.
Location:
City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
1. President Rex Kinnison calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Rex A. Kinnison, Pres.
Brent Chesney, Vice Pres.
Melody Cooper
Jerry Garcia
Henry Garrett
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Cindy O'Brien, Treasurer
Constance Sanchez, Asst. Treasurer
3. Approve Minutes of October 18, 2005 and November 8, 2005
4. Approval of and authorization for the conversion of a previously
awarded $150,000 grant of HOME funds to the Housing
Authority of the City of Corpus Christi for the Seabreeze Senior
Apartment Complex from a grant to a ten year loan under terms
and conditions approved by the Corpus Christi Community
Improvement Corporation
5. Public Comment
6. Adjournment
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
October 18, 2005
3:06 P.M.
PRESENT
Board of Directors
Rex Kinnison, President
Brent Chesney, Vice-President
Melody Cooper
John Marez
Henry Garrett
Bill Kelly
Mark Scott
Jerry Garcia
Officers
George K. Noe, City Manager
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
ABSENT
Jesse Noyola
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the
meeting had been posted.
President Kinnison called for the approval of the July 26, 2005 minutes. Mr. Garrett made
a motion to approve the minutes as presented, seconded by Mr. Chesney, and passed.
President Kinnison called for the financial report. City Manager Noe referred to a Combined
Balance Sheet and Combined Statement ofRevenu~s, Expenditures, and Changes in Fund Balance
for the twelve months ending July 31, 2005. There were no comments.
President Kinnison opened discussion on Item 5, a request from L.u.L.A.c. Village
Apartments for reinstatement of the remaining $259,359 from the original $370,700 of
HOME/CHDO program funds. Mr. Noe reported that the grant funds would be used for the
rehabilitation of the 1 52-unit apartment complex. Additionally, the funds would be expended within
90 days of the approval of the reinstatement. A motion was made, seconded, and passed to approve
LU.L.A.C. Village Apartment's request as stated above (Noyola was absent).
President Kinnison asked for public comment, and there was none.
There being no further business to come before the Board, President Kinnison adjourned the
meeting at 3:08 p.m. on October 18,2005.
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
November 8,2005
10:18 A.M.
PRESENT
Board of Directors
Rex Kinnison, President
Brent Chesney, Vice-President
John Marez
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
Jerry Garcia
Officers
Assistant City Manager Ron Massey
Armando Chapa, Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Asst. Treasurer
ABSENT
Melody Cooper
George K. Noe, General Manager
President Kinnison called the meeting to order in the Council Chambers of City Hall.
Secretary Chapa verified that a quorum was present to conduct the meeting and that notice of the
meeting had been posted.
President Kinnison opened discussion on Item 3 regarding a HOME Program loan contract
with Costa Tarragona I in the amount of $400,000. Assistant City Manager Oscar Martinez reported
that the Council had previously approved a $1,772,241 HOME Program fund allocation, $400,000
of which was assigned to the Costa Tarragona I project. He said H.U.D. ahd approving the City's
CAAP on July 28, 2005, and the Corpus Christi Housing Finance Corporation had also approved
housing revenue bonds for the project on October 18,2005. Thus, staff was requesting that the
CCCIC authorize the HOl\1E Program loan contract and all related documents with Costa Tarragona
I
A motion was made, seconded, and passed to execute a HOME program loan contract and
all related documents with Costa Tarragona I in the amount of $400,000 (Cooper was absent).
President Kinnison asked for public comment. There was none.
There being no further business to come before the Board, President Kinnison adjourned the
meeting at 10:19 a.m. on November 8, 2005.
Memorandum
TO: President Rex Kinnison and Board Members of the Corpus Christi
Community Improvement Corporation
FROM:
George K. Noe, General Manager ~
DATE: March 17,2006
SUBJECT: Request for Meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) on March 21,2006
I am requesting that a meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) be held during the Council meeting of March 21, 2006, to
consider the following item:
Approval of and authorization for the conversion of a previously
awarded $150,000 grant of HOME funds to the Housing Authority
of the City of Corpus Christi for the Seabreeze Senior Apartment
Complex from a grant to a ten year loan under terms and
conditions approved by the Corpus Christi Community
Improvement Corporation. In 2004, the Housing Authority was
granted $150,000 from the City's HOME program for housing
assistance, In 2005, at the request of the Housing Authority, the
$150,000 grant was reprogrammed specifically for assistance to the
proposed Sea breeze apartment complex. This complex was to
consist of 200 units of housing for senior citizens located near the
intersection of North Padre Island drive and IH37. The complex was
proposed to be 100% for seniors at 60% or below of the median
income.
The Housing Authority has now secured a tax credit allocation from
the state to assist the project and has requested that in order to meet
federal statutes for tax credits that the $150,000 HOME grant be
converted to a loan. We have worked with the Housing Authority and
are recommending that the Board of the CCCIC approve the
conversion of the grant to a loan with a term of ten years. We are
proposing an interest rate of 1 % compounded annually, with no
payments due for the first two years of the loan.
We believe that this proposed conversion not only will allow the
Housing Authority to move forward with the project but will also be
beneficial to the CCCIC by allowing the funds to come back to the
Corporation for future allocation.
30
AGENDA MEMORANDIJM
PUBLIC HEARING - ZONING (City Council Action Date: 3/21/06)
Case No. 0206-01 Southcorp Realtv Advisors. Inc.: A zoning change from "B-1" Neighborhood Business
District to a "B-3" Business District. The property being 2.806 acres out of Lot 17, Forest Park Addition 2,
located along Buffalo Street and 200 feet east of Nueces Bay Boulevard.
Plannine Commission and Staff's Recommendation (218/06): Approval of a "B-3" Business District.
Requested Council Action: Approval of a "B-3" Business District.
Purpose of Request: Development of a hotel and restaurant/retail uses.
Summarv:
· The applicant is requesting a change of zoning from "B-1" Neighborhood Business District to
"B-3" Business District to develop a hotel and restaurant/retail uses on the subject property.
· The subject property consist of 2.806 acres with frontage along Interstate Highway 37 access
road, an arterial and Buffalo Street, a local street. Access along I.H. 37 is determined by the
1 exas Department of Transportation. A secondary access point could be provided along Buffalo
Street.
· The "B-1" District provides for a restaurant uses, but does not allow hotel/motel uses. The "B-3"
Business District specifically allows for hotel/motel uses as well as restaurants/retail uses. A
"B-3" District is encouraged at this location due to the district prohibiting single and multi-family
uses along the expressway and in proximity to the refinery use north of the expressway.
· The hotel use is planned as a three (3) story structure consisting of 40,000 square feet of building
area on approximatcly 1. 75 acres of the 2.806 tract. It is the applicant's plan to locate the hotel
along the southern portion of the property closer to Buffalo Street. Employment is projected at
1 ')-20 people,
· The remainder ofthe property with frontage along Interstate Highway 37 is planned as the
restaurant/retail area. Preliminary information projects the restaurant or retail uses being
developed as pad SItes. Specific restaurants and retail uses were not available.
· The "B-3" Business District is consistent with the future land use map and surrounding zoning
patterns of the area
Recommendation: Approval of the "B-3" Business District.
Applicant's Position: The applicant is in agreement with recommendation.
Agenda Memorandum
Case No 0206-0 I (Southcorp Realty Advisors, Inc)
Page 2
Notification: Of the twenty-eight (28) notices mailed to the surrounding property owners, one (1) was
returned in favor and zero (0) received in opposition. The 20% rule is not invoked. This case is
considered noncontroversial.
Michael N. Gunning, AICP
Assistant Director of Development Services
MGIFGM/als
Attachments:
1) Zoning Report
2) Planning CommissIOn Minutes
3) Ordinance
H\PLN-DIRISHARED\Galll WORDlA GENDMEM\2006IFebruaryI0206-0 J AGENDAMEMO,doc
CITY COUNCIL
ZONING REPORT
Case No.: 0206-01
Planning Commission Hearing Date: February 8, 2006
~ I Applicant: Southcorp Realty Advisors, Inc.
_ .~ ! Owner: Star Credit Union
a ~:9-1 Agent: David Hillman
=a ~ ~ I Property Area: Being 2.806 acres out of Lot 17, Forest Park Addition 2, located along
~ Q I Buffalo Street and 200 feet east ofNueces Bay Boulevard.
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! North "B-1" Neighborhood V acant lots Commercial
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Q >- Zoning Violations: None
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Lomng Report
Case No.0206-0l (Southcorp Realty Advisors, lnc,)
Page 2
. The applicant is requesting a change of zoning from "B-1" Neighborhood Business
District to "B-3" Business District to develop a hotel and restaurant/retail uses on the
subject property.
. The subject property consist of 2.806 acres with frontage along I.H. 37 access road, an
arterial and Buffalo Street, a local street. Access along I.H. 37 is determined by the Texas
Department of Transportation. A secondary access point could be provided along Buffalo
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restaurants/retail uses. A "B-3" District is encouraged at this location due to the district
prohibiting single and multi-family uses along the expressway and in proximity to the
refinery use north of the expressway.
The hotel use lS planned as a three (3) story structure consisting of 40,000 square feet of
building area on approximately 1.75 acres of the 2.806 tract. It is the applicant's plan to
locate the hotel along the southern portion of the property closer to Buffalo Street.
Employment is projected at 15-20 people.
. The remainder of the property with frontage along I.H.37 is planned as the
restaurant/retail area. Preliminary information projects the restaurant or retail uses being
developed as pad sites. Specific restaurants and retail uses were not available.
. The "B-3" Business District is consistent with the with the future land use map and
surroundmg zoning patterns of the area.
Street
~I Type Paved Section Volume
(200n
- . Expressway 400' R.O.W. w1200' Bk. to 61,380 a.d.t.
Bk. paved (6 lanes).
Collector 60'R.O.W. w/40' Bk. to 10,380 a.d.t.
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Case No.0206-01 (Southcorp Realty AdvIsors. Inc.)
Page 3
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28
Attachments: Zoning Map
Lot Site Map
H:IP LN - D IR \S HARED\GA ILl, WO R D\ZON RPTS \2006 \FebruaryICC0206-0 1 REPORT ,doc
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2,
,
,
__<<:JuIII 0lG __,,_~__"'_-"'~~:IIO__~'_ -
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - February 8, 2006
a. 0206-01
Southcorp Realty Advisors, Inc.: From "B-1" Neighborhood Business District to
a "B-3" Business District
Being 2.806 acres out of Lot 17, Forest Park Addition 2, located along Buffalo
Street and 200 feet east of Nueces Bay Boulevard.
Faryce Goode-Macon presented the above case requesting a "B-3" Business District for the
purpose of developing a hotel and restaurant with retail uses. The subject property is located along
Buffalo Street, Nueces Bay Boulevard and Interstate Highway 37. To the east of the subject property is a
B-4" General Business District and an "A-I" Apartment House District. The land use map across
Interstate Highway 3 7 shows a mixture a "B-4" General Business District, "A-I" Apartment House
District as well as "1-2 and "1-3" Industrial Districts. The subject property is approximately 2.80 acres
with frontage on the access road and Buffalo Street. The future land use map recommends commercial
use for the property, A three story 40,000 square foot hotel is planned on approximately 1.75 acres of the
property .
Applicant is planmng to develop mix use retail and a restaurant on the balance of the property.
Staff recommends a "B-3" Business District for this property.
Public hearing was opened.
C ommissioncr Skrobarczyk' s stated at the time of platting, 1 recommend requiring curb cuts to
eliminate the ingress and egress.
Public hearIng was opened.
David Hillman, representative of Southcorp Realty Advisors, Houston, Texas stated he was
available for questions and stated that access will be discussed with TxDot regarding Interstate Highway
37' s access road.
Lawrence Young, 320 Grant, Corpus Christi, Texas stated he was representing John C. Brook,
owner of Casa de Santa Fe Apartments. Mr. Young stated that Mr. Brook had received his notice and is
III favor of this request.
Public hearing was closed,
Motion to approve the "B-3" Business District was made by Commissioner Braselton and
seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner Huerta being
absent.
H:\PI ,N-DIR 'SHARED\CJAIJ .\WORDAGENDM EM\2006\January\0206-0 I Minutes Excerpl.doc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY SOUTH CORP REALTY ADVISORS, INC., BY CHANGING THE
ZONING MAP IN REFERENCE TO 2.806 ACRES OUT OF LOT 17,
FOREST PARK ADDITION 2, LOCATED ALONG BUFFALO STREET
AND 200 FEET EAST OF NUECES BAY BOULEVARD, FROM "B-1"
NEIGHBORHOOD BUSINESS DISTRICT TO "B-3" 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 Southcorp Realty Advisors, Inc., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 8, 2006, during a meeting of the Planning Commission, and on Tuesday,
March 21, 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 2.806 acres out of Lot 17, Forest Park Addition 2,
located along Buffalo Street and 200 feet east of Nueces Say Boulevard from "B-1"
Neighborhood Business District to "B-3" Business District. (Map 047045) (Exhibit
Metes/Bounds)
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 and shall take effect upon first
reading as an emergency measure on this 215 day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secreta ry
APPROVED: March 16, 2006.
~w5rndv
Gary W. Smith
Assistant City Attorney
For City Attorney
H: ILE G-DIR\garyws Igarywslagenda 12006\03- 2110206-01 RegularZoning South corp Realtygws060313. 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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H ILE G-DIR\garyws\garyws\agendaI2006\03-21 \0206-0 1 RegularZoning Southcorp Realtygws060313.doc
31
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/21/06)
Case No. 0206-03-N.P. Homes: A zoning change from a "F-R" Farm-Rural District to a "R-lB" One-family
Dwelling District. The property being 20 acres, Lot 18, Section 27, Flour Bluff and Encinal Farm and
Garden Tracts, located 600 feet southeast of the intersection of Wooldridge Road and Rodd Field Road.
Plannine Commission and Staffs Recommendation (2/8/06): Approval of a "R-lB" One-family Dwelling
District.
Requested Council Action: Approval ofa "R-IB" One-family Dwelling District.
Purpose of Request: Development of a 73 lot residential subdivision.
Summarv :
. The Request. The applicant is requesting a change of zoning from "F-R" Farm Rural District to
"R -1 B" One-Family D\velling District for the development of a single family subdivision with 73
residential lots.
. Existing Land Use. The subject property is primarily vacant land with one single-family residence
on the property,
. Transportation. The subject property is adjacent to Wooldridge Road.
.
Traffic counts along Wooldridge Road are 1,270 ADT (Average Daily Trips).
.
Wooldridge Road is designated as a proposed A-3 arterial on the City Urban Transportation Plan
wlth a 130' Right of Way for six lanes and a median.
.
Wooldridge Road is listed as a Long Range Improvement project in the City's Capital
Improvement Plan; however there is no funding for the portion fronting the subject property in
the city's 2004 bond program.
. Utilities. Water and wastewater connections are available to the site.
Comprehensive Plan and Land Use Compatibility. The residential zoning is consistent with the Future
Land Use Plan.
Recommendation: Approval of the "R-IB" One-family Dwelling District.
Applicant's Position: The applicant is in agreement with recommendation.
Agenda Memorandum
Case No, 0206-03 (N,P Homes)
Page 2
Notification: Of the fifty-two (52) notices mailed to the surrounding property owners, one (1) was
returned in favor and zero (0) received in opposition. The 20% rule is not invoked. This case is
considered noncontroversial.
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/als
Attachments:
1 ) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H\PLN -D IR\S HARED'Gai 1\ WO RD\A GENDMEM\2006\F ebruary\0206-03 A GEND AM EM 0 ,doc
CITY COUNCIL
ZONING REPORT
Case No. 0206-03
Planning Commission Hearing Date: February 8, 2006
c;
Applicant. N P Homes
~
~ = Owner: Herbert and Joyce Fondren
...:l Q
a(J;= Agent: Nadir Karimi
_ .e Legal DescriptionlLocation: Bemg 20 acres out oflot 18 section 27, Flour Bluff and Encinal Farm &
= -
~ c.I Garden Tracts, located 600 feet southeast of the intersection at Wooldridge Road and Rodd Field
c.I (IJ
.... ~ Road
-aQ
c.
<
~~ From: "F-R" Farm-Rural District
= ~ To: "R-IB" One-Family Dwelling District
.... =
g g Area: 20 acres
N~ Purpose of Request: Development of a 73 lot residential subdivision.
fIl - ,- ---.----.-
~ Zoning Existing Land Use Future Land Use
(IJ
;:;J --
-= Site "F-R" Farm Rural District Vacant Low Density
= Residential
~
...:l North "A-2" Apartment House District Medium Density Residential, Medium Density
-= Nursing Home Residential
=
~ South "R-2/ PUD-2" Multiple Dwelling! Vacant Low Density
~
= Planned Unit Residential
....
= Development
Q - .-.-----.-.--------- ~..
N East "R-IB" One Family Dwelling Single-family Low Density
~
.S Distrlct Residential
- --~_.~-_.-_..~-
fIl I ~Vesl "F-R" Farm Rural District Single family Commercial,
.~ 1 Medium Density
~
i Residential
~
c. a Area Development Plan: Southside - The "R-l B" Dlstrict is consistent with the adopted Southside
~ Q
:; i Area Development Plan land use map.
=: -= Map No.: 041032
~ >, Zoning Violations: None
~
i
I
!i
~
-
00 The subject property has not been platted. Platting will be required prior to development.
-
~
it
L.onmg Report
Case No. 0206-03 (NP Homes)
Page 2
· The Request. The applicant is requesting a change of zoning from "F-R" Farm Rural
DistrIct to "R-I B" One-Family Dwelling District for the development of a single
family subdivIsion with 73 residential lots.
· Existing Land Use. The subject property is primarily vacant land with one single-
family residence on the property,
C.
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E
=
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r;r;
.
Transportation. The subject property is adjacent to Wooldridge Road.
.
! raffie counts along Wooldridge Road are 1,270 ADT (Average Daily Trips).
.
Wooldridge Road is designated as a proposed A-3 arterial on the City Urban
Transportation Plan with a 130' Right of Way for six lanes and a median.
.
Wooldridge Road is listed as a Long Range Improvement project in the City's
Capital Improvement Plan; however there is no funding for the portion fronting
the subject property in the city's 2004 bond program.
· Utilities. Water and wastewater connections are available to the site.
· Comprehensive Plan and Land Use Compatibility. The residential zoning is
consistent with the Future Land Use Plan.
~
g I W ooldridge Ro~d
~ i ~
GI
b I Rodd Field Road Arterial
,__.r;r; ,___+___.___ '_ -L_____
Street
I Type
I
I
Existing Paved Section
Volume (2001)
Arterial
130' KO.W. wi 25 ft pavement
1,270 ADT
130' KO.W. wi 70 ft pavement
15,250 ADT
-
= 'I}
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8 ~
.. E
; 8
c.o
~u
· The "R-I B" One-Family Dwelling District is recommended for this site, as the
zoning district is consistent with the Comprehensive Plan and development trends of
the area.
=
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..
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cog
..;s E Approval of "R-IB" One-Family Dwelling District
V1 8
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~
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Lonlng Repon
Case No 0206-03 (N P Homes)
Page 3
c
o
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<Il .=:
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U E Approval of a "R-l B" One-family Dwelhng District.
/;/JE
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~ "E I Number of Notices Mailed: 52
E .~ _[favor:.o.
E ~ OppOSItIon: a.
U ~, (~:fFebruarY_~006~___
Attachments: Zoning Map
H\P IN - D IR '.S HA R EDIG A I L \W 0 RI YZONRPTS 12006 \February\CC0206-0 3 Repor1,doc
24JAN06/HK
F-R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R-1A One Family Dwelling District
R.1B One Family Dwelling District
R.1C One Family Dwelling District
R-TH Townhouse Dwelling District
R-2 Multiple Dwelling District
T.1A Travel Trailer Park District
T -1 B Manufactured Home Park Dist.
T-1C Manufactured Home
Subdivision District
2R
A-2
Case No. Z0206-03
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
1-1 Limited Industrial District
1-2 Light Industrial District
1-3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
'.'
,)jl:,
,1"""".,.",..,., '",','1", ".,
1__.. ...c..... .... '
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 Disl.
B-3 Business District
B-4 General Business District
B-5 Primary Business District
B.6 Primary Business Core District
GIS
f,'; Team
~!\i'~\~{'~!
~
NORTH
He Historical-Cultural landmark
Preservation
o
150 300
,
Feet
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - February 8, 2006
c 0206-03
N.P. Homes: From "F-R" Farm-Rural District to a "R-IB" Residential District
Being 20 acres, Lot 18, Section 27, Flour Bluff and Encinal Farm and Garden
Tracts, located 600 feet southeast of the mtersection of Wooldridge Road and Rodd
Field Road
Dan McGinn presented the above case and stated that the above case is a request for a
"R-l B" One-family Dwelling District for the development of a (73) lot residential subdivision. The
subject property is currently vacant and is located at Woodridge and Roddfield Road. To the north is an
elderly nursing home, to the south is vacant land and to the west is mixed uses consisting of single family
residences and commercial development. Access will be along Wooldridge Road with traffic counts of
1270. Wooldridge Road is designated as a proposed A-3 arterial on the City Urban Transportation Plan
with a 130' Right Of Way for six lanes and a center median. The Future Land Use Plan calls for single-
family resIdential. Staff recommends approval.
In answer to Vice-Chairman Garza's question, Mary Frances Teniente stated that the Mary
Carroll DItch is adjoining the property and is part of the widening project that is already underway and
additional right-of-way have been acquired.
In answer to CommIssioner Pusley's question, the area directly south of the subject property was
previously developed for Lake Placid Estates but experienced problems with drainage and did not
continue development. To the east of the subject property, there is residential development.
Public heanng was opened.
There was no one in favor or opposition.
Public heanng was dosed,
Motion for approval for a "R-IB" One-family Dwelling District was made by Commissioner
Braselton and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioner
Huerta bemg absent.
H :\PLN-DIR\S HAREDGAIU WORD AG ENDMFM\2006\February\0206-03M inutes Exceptdoc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY N. P. HOMES, BY CHANGING THE ZONING MAP IN REFERENCE
TO 20 ACRES OUT OF LOT 18 SECTION 27, FLOUR BLUFF AND
ENCINAL FARM & GARDEN TRACTS, LOCATED 600 FEET
SOUTHEAST OF THE INTERSECTION AT WOOLDRIDGE ROAD AND
RODD FIELD ROAD, 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; 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 N. P. Homes, for amendment to the City
of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 8, 2006, during a meeting of the Planning Commission, and on Tuesday,
March 21, 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 20 acres out of Lot 18, Section 27, Flour Bluff and
Encinal Farm & Garden Tracts, located 600 feet southeast of the intersection of
Wooldridge Road and Rodd Field Road from "F-R" Farm Rural District to "R-1 B" One-
family Dwelling District. (Map 041032) (metes and bounds)
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 and shall take effect upon first
reading as an emergency measure on this 21 S day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: March 16, 2006.
~;:;~
Assistant City Attorney
For City Attorney
H: ILE G-DI RIgarywslgarywslagenda\2006103-21 I0206-03RegularZoning NP Homesgws060313.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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H :ILE G-DIRIgarywslgaryws\agenda\2006\03-21 \0206-03RegularZoning NP Homesgws060313.doc
32
City of Corpus Christi
March 9,2006
FROM
MichaelGunning, AICP-, Assistant Director ofDevelo ment Services
TO
Mayor and Cltyi'OUl1CIl Members
SUBJECT:
ZonIng Case No. 0106-08 - Staples Development, LLC
0106-08
Staples Development, LLC: "F-R" Farm-Rural District to a "B-4 General
Business District and "R-1C" One-familv Dwellinl! District
Tract 1 being 4.48 acres and Tract 2 being 16.16 acres out of Nueces River
Irrigation Park Annex No.2 located north of Northwest Boulevard and 225
feet east of Trinity River DrivelFM 1889.
Case () 1 06-08 Staples Development, LLC was tabled at the City Council hearing held on
February 28, 2006, to consider a change of zoning to"B-4" General Business District on
Tract I and "R-l C" One-family Dwelling District on Tract 2. At the hearing, further
information pertaining to Tract 2 was requested by City Council as to the number and
area of lots proposed for the residential subdivision. The "R-l C" One-family Dwelling
District allows for a mmimum lot area of 4,500 square feet with a minimum front setback
of 20 feet, while the "R-l B" One- family Dwelling District allows for a minimum lot area
of 6,000 square feet with a minimum front setback of 25 feet. The preliminary plat for
Tract 2 proposed as a "R-l C" One-family Dwelling District shows that 69 single-family
lots ,vill meet "R-IB" One-family Dwelling District standards. The requested "R-IC"
One-family Dwelling District on Tract 2 is not necessary for the development ofthis tract
as a slllgle-family subdivision, providing the current preliminary plat is not changed to
reduce lot area and setbacks during the final platting stage.
Staff recommended denial of "R-l C" One-family Dwelling District and in lieu thereof,
approval of a "R-l B" One-family Dwelling District. The applicant concurs with the staff
recommendation.
Attachment: Preliminary plat
xc: Staples Development, LLC
Bill Ward
H:\PLN-DIRISHAREDIFAIl.\W(JRDlMISC\Memo to Mayor and CJty Council Members re OI06.Q8 Staples Dev
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AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 2/28/06)
Case No. 0l06-08-Staples Development. LLC: A zonmg change from "F-R" Farm-Rural District to a "B-4"
General Business District on Tract 1 and "F-R" Farm-Rural District to a "R-IC" One-family Dwelling District
on Tract 2 resulting from I ract l-abTTlcultural use to commercial development; Tract 2-from agricultural use to
single family residences on lots with a mmimum area of 4,500 square feet. The property is at located at Tract 1
bemg 4,48 acres and Tract 2 bemg 16.16 acres out ofNueces River Irrigation Park Annex No.2, located north
of Northwest Boulevard and 225 feet east of Trinity River Drive/FM 1889.
Plannine Commission and Staff's Recommendation 0/25/06): Tract I-Approval of the "B-4" General
Business District along the front area of the subject property and denial of the "B-4" General Business District
along the rear 50 feet of the property and in lieu thereof, approval of a "B-IA" Neighborhood Business
District along the rear 50 feet of the subject property,
Tract 2-Approval of the "}{-IC" One-family Dwelling District.
Requested Council Action: Tract I-Approval of the "B-4" General Business District along the front area of
the subject property and denial of the "B-4" General Business District along the rear 50 feet of the property
and in lieu thereof, approval of a "B-IA" Neighborhood Business District along the rear 50 feet of the subject
p rope rt)
Tract 2-Approval of the "R-IC' One-family Dwelling District.
Purpose of Request: Tract 1 ~ To allow for unspecified conunercial development
Tract 2 - To allow for a 53- lot single-family subdivision
Summan:
· The applicant has requested a zoning change from "F-R" Farm-Rural District on Tract 1 to
"B-4'" General Business District and on Tract 2 to "R-l C" One Family Dwelling District.
Tract 1
. Applicant requestmg a "B-4" General Business District for commercial development.
Specific plans or proposed uses were not available for staff review.
· The subject property consists of 4.48 acres and is located along Northwest Boulevard and
approximately 225 feet east of F.M.1889/Trinity River Drive. Annexation of this property
occurred in 1995.
· North of the subject property is Tract 2 proposed as a 53-lot "R-IC" District single-
family residential subdivision. Further to the north is Wood River Subdivision developed
with single-family residences. To the south, across Northwest Boulevard is undeveloped
"F-R" Farm-Rural District property. East of Tract 1 is a "B-4" General Business District
granted in 1997 and a "B-IA" Neighborhood Business District granted in 2001. Property
"est is zoned a "B-4" General Business District granted in 1999.
Agenda Memorandum
Case No. 0106-0S (Staples Develupment. LLC)
Page 2
. The "B-4" General Business District would provide for undesirable uses adjacent to
single-family residential development ie., restaurants (associated food and garbage
odor), fueling stations (associated heavy lighting into the residential area, truck fueling
noise and 24 hour operation) and bars, lounges and taverns.
· The "B-1 A" Neighborhood Business District was adopted in 2000 to allow for
commercial uses that would have limited undesirable impact to adjacent single-family
residential development. Such limited commercial uses are required to locate the delivery
and loading areas for the business fifty (50) feet from the property line of the abutting
residential district
. Additionally, an increase in landscaping is required in the "B-1A" District when adjacent
to a single-family residential district. Planting of canopy trees 30' on center with a
minimum caliper of 2" along and inside the required rear setback, but not within a utility
easement is required in the "B-1 A" District.
Tract 2
. The applicant requested a change of zoning to a "R-IC" One-family Dwelling District to
develop a 53-lot single-family subdivision on 16.16 acres.
. Minimum lot area permitted in the "R-l C" District is 4,500 square feet with a minimum
lot width of 45 feet. West of the subject property along River Walk Drive is a "R-1C"
District developed as a single-family subdivision.
. Primary access for the property is planned along the extension of Melex Street that
connects to Riverwalk Drive.
. The proposed "R-1 C" District development would generate 530 average daily trips along
the future roadways of the subdivision.
. Water/wastewater demand is estimated at 18,550 gallons per day with a solid waste
demand of 471 Ibs. daily.
. The "R-1 C" District offers traditional neighborhood residential development that is
supported by the Northwest Area Development future land use map.
Recommendation: Approval of the "B-4" General Business District along the front area of the
subject property and denial of the "B-4" General Business District along the rear 50 feet of the
property and in lieu thereof, approval of a "B-IA" Neighborhood Business District along the
rear 50 feet of the subject property.
ADDlicant's Position: The applicant is in agreement with recommendation.
Agenda Memorandum
Case No 0 I U6-08 (Staples Development LLC)
Page 2
Notification: Of the eighty (80) notices mailed to the surrounding property owners, zerio (0) were
returned in favor or in opposition The 20% rule is not invoked. This case is considered
noucontroversial, but ma)' have neighborhood discussion to ensure that the 50 foot buffer on Tract
] that is next to the proposed residential area to the north is maintained.
~/~!:;cp1h1M- f; lM1
Assistant Director of Development Services
MG/FGMials
Attachments:
I) Zoning Report
2) Planning CommIssIon Minutes
3) Ordinance
H L\PLN -D IR\SHARED\Gai]1 WORD'AGENDMEMI2005IDecemberI0] 06-08 A GEND AMEMOdoc
CITY COUNCIL
ZONING REPORT
Case No.: 0 1 06-08
Planning Commission Hearing Date: January 25, 2006
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I Applicant: Staples Development, LLC
i Owner: Same as Applicant
. Agent: Bill Ward - Real Estate Services
! Property Area: Tract 1 being 4.48 acres and Tract 2 being 16.16 acres out of Nueces
i River Irrigation Park Annex No.2, located north of Northwest Boulevard and 225 feet
east of Trinity RiverlFM 1889.
I From: "F-R" Farm-Rural District
To: Tract 1 - "B-4" General Business District
....
~ Tract 2 "R-l C" One-family Dwelling District (minimum residential lot area of
g. 4,500 square feet)
~
~ Area: Tract 1 4.48 acres
'= Tract 2 16.16 acres
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Purpose of Request: Tract 1 - To allow for unspecified commercial development
Tract 2 -. To allow for a 53- lot single-family subdivision.
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Zo ning Existing Land Use Future Land Use
---- 1------,
Site "F-R" Farm-Rural District Undeveloped land Commercial and low-
-- _..__._---_.._---~.._--_..- density residential
North "R-l B" One-family One-family residential Low-density residential
Dwelling District subdivision
South "F-R" Farm-Rural District Undeveloped land Commercial
~.._-- --
East "B- 1 A" Neighborhood Undeveloped lot Neighborhood business
Business District and uses (limited business
"B-4" General Business uses)
District
I West ~_._---
"B-4"General Business Strip business center and Commercial and low-
District (limited business single-family residences density residential
uses) and "AB"
Professional Office
- District ._____~
Zonmg Report
Case No 0106-08 (Staples Development. LLC)
Page 2
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c.. c Area Development Plan: Northwest Area Development Plan (NW ADP) -The future
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~ ~ land use map supports commercial, professional office and multi-family development.
~ ~ap: 068051
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Cl > Zoning Violations: None
~
. The applicant has requested a zoning change from "F-R" Farm-Rural District on
Tract 1 to "B-4" General Business District and on Tract 2 to "R-l C" One Family
Dwelling District.
Tract 1
. Applicant requesting a "B-4" General Business District for commercial
development. Specific plans or proposed uses were not available for staff review.
. The subject property consists of 4.48 acres and is located along Northwest
Boulevard and approximately 225 feet east of F.M.1889/Trinity River Drive.
Annexat i on 0 f this property occurred in 1995.
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North of the subject property is Tract 2 proposed as a 53-lot "R-IC" District
single-family residential subdivision. Further to the north is Wood River
Subdivision developed with single-family residences. To the south, across
Northwest Boulevard is undeveloped "F-R" Farm-Rural District property. East of
Tract 1 ]s a "B-4" General Business District granted in 1997 and a "B-IA"
Neighborhood Business District granted in 2001. Property west is zoned a
"B-4" General Business District granted in 1999.
The "B-4" General Business District would provide for undesirable uses adjacent
to single-family residential development ie., restaurants (associated food and
garbage odor), fueling stations (associated heavy lighting into the residential
area, tnlck fueling noise and 24 hour operation) and bars, lounges and taverns.
. The "B-1 A" Neighborhood Business District was adopted in 2000 to allow for
commercial uses that would have limited undesirable impact to adjacent single-
family residential development. Such limited commercial uses are required to
locate the delivery and loading areas for the business fifty (50) feet from the
property line of the abutting residential district.
. Additionally, an increase in landscaping is required in the "B-IA" District when
adjacent to a single-family residential district. Planting of canopy trees 30' on
center with a minimum caliper of 2" along and inside the required rear setback,
but not within a utility easement is required in the "B-IA" District.
Zonmg Report
Case No 0 I 06-08 (Staples Development. Ll.C)
Page 3
Tract 2
· The applicant requested a change of zoning to a "R-l C" One-family Dwelling
District to develop a 53-lot single-family subdivision on 16.16 acres.
· Minimum lot area permitted in the "R-I C" District is 4,500 square feet with a
minimum lot width of 45 feet. West of the subject property along River Walk
Drive is a "R-I C" District developed as a single-family subdivision.
· Primary access for the property is planned along the extension of Me lex Street
that connects to Riverwalk Drive.
· The proposed "R-l C" District development would generate 530 average daily
trips along the future roadways of the subdivision.
· Water/wastewater demand is estimated at 18,550 gallons per day with a solid
waste demand of 471 lbs. daily.
· The "R -1 C" District offers traditional neighborhood residential development that
is supported by the Northwest Area Development future land use map.
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Street
Type
Paved Section
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I Northwest Boulevard
Arterial
120' R.O.W. w/ 76'
pavement and center
turnin lane
Arterial/Collector 70' to 80' R.O.W. w/ 48'
____ ______ I Bk. to bk. r avement
4,110 a.d.t.
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r F.M. 1 889/Trinity River
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The subject property is not platted.
Zonmg Report
Case No 0106-08 (Staples Development. LLC)
Page 4
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: Commercial, professional office and multi-family development is consistent with the
I Future Land Use Plan for Tract I. Since a substantial amount of low density residential
I
i zoning is proposed on Tract 2, a limited Neighborhood Business District on Tract 1
i would be an appropriate buffer to adjacent future single-family development. The
I Corpus Christi Policy Statements indicate that major commercial uses/ zoning should be
i located at the intersection of arterial streets. The subject property is located east of an
! arterial intersectIOn, Northwest Boulevard and F.M. 1889. Tract 1 of the subject property
i is not an optimum location for general commercial zoning with its adjacency to future
I
! single-family development to the north.
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! Approval of the "B-4" General Business District along the front area of the subject
I property and denial ofthe "B-4" General Business District along the rear 50 feet of the
property and in lieu thereof, approval of a "B-1 A" Neighborhood Business District along
I the rear 50 feet of the subject property.
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t)Il.S :g I Approval of the "B-4" General Business District along the front area of the subject
"; .~ 5 property and denial of the "B-4" General Business District along the rear 50 feet of the
~ ~ ~ property and in lieu thereof, approval of a "B-1 A" Neighborhood Business District along
~ 8 8. the rear 50 feet of the subject property.
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i Number of Notices Mailed: 80
! Favor 0
! Opposition 0
: (As of January 19. 20061
Attachment: Zoning Map
Proposed Preliminary Plat
H\PLN- DIR S HAREDIGA IU WORI ),ZONRPTSI2006IJanuary\O 1 06-08REPORTdoc
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F.R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R.1A One Family Dwelling District
R-1B 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-1B Manufactured Home Park Disl.
T.1C Manufactured Home
Subdivision District
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Case No. Z0106-08
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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
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
B-5 Primary Business District
6.6 Primary Business Core District
GIS
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o 150 300
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HC Historical-Cultural landmark
Preservation
MURRAY BASS, JR . P.E..R.P.LS.
NIXON M WELSH. PE..R.P.LS.
3054 S. ALAMEDA, ZIP 78404
PH. 361 882-5521
FAX 361 882-1265
e-mail: murravir(O.iaol.com
e-mail: nixmw<waol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
Corpus Christi, TX 78466-6397
TRACT 1 - Fro,...!
PROPOSED BUSINESS ZONING
February 16, 2006
05038M&B -Tract I-rev
State of Texas S
County of Nueces S
Description of a 3.68 acre tract of land, more or less, a portion of Annex No.2 to the Nueces River Irrigation
Park, a map of which is recorded in Volume "A", Page 55, Map Records, Nueces County, Texas, said 3.68 acre
tract as further described by metes and bounds as follows:
BEGINNING at the southeast comer of Lot 1, Block 1, River Heights, a map of which is recorded in Volume
60, Page 187, said map records, said beginning point for the southwest comer of the tract herein described;
THENCE N09035'59"E 231.06' along the east boundary line of said Lot 1, Block 1, River Heights, to a point
for the northwest comer of the tract herein described;
THENCE S83046'5TE 697.50' to a point for the northeast comer of the tract herein described in the west
boundary line of Lot 1, Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 55 and 56,
said map records;
THENCE SlOo43'37"W 231.37' along the west boundary line of said Lot 1, Block 9, Northwest Estates, to a
point in the north right-of-way line of FM 624 (Northwest Boulevard) for the southeast comer of the tract
herein described.
THENCE along the said north right-of-way line of PM 624 N83046'57"W 692.94' to the POINT OF
BEGINNING.
Nixon M. Welsh, R.P.L.S.
NMW:mad
EXHIBIT "A"
Sheet 1 of 1
Case 0 lOb - O~
,5 :"'~.~~.,L"j
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MUIUlA'r BASS, .Ill., P.E., R.P.L.S.
NIXON M. WaLSH, P.E., R.P.L.S.
aoa.. S. ALAMEDA
PH. ae1 ..2-5521
FAX ae1 ..2-124115
a-MAIL: munayjrltaol.com
E-MAIL: nixmw@aol.com
BASS Be WELSH ENGINEERING
P.O. Box 15397
COIl~US CHIlISTI, TEXAS 78.1515-15397
B-1 A ZONING
~--r A-A c -r .~ - l?, e ~~
February 10, 2006
05038M&B .doc
State of Texas ~
County of Nueces ~
Desaiption of a 0.801 acre tract of land, more or less, a 50' wide strip. a portion of Annex No.2 to the Nueces
River Irrigation Park, a map of which is recorded in Volume'" A", Page 55, Map Records, Nueces County,
Texas, said 0.801 acre tract as further described by metes and bounds as follows:
BEGINNING at the northwest corner of Lot 1, Block 9, Northwest Estates, a map of which is recorded in
Volume 52, Pages 55 & 56, said map records, said beginning point for the northeast corner of the tract herein
desaibed ;
THENCE along the west boundary line of said Lot 1, Block. 9, Northwest Estates Sl0043'37"W 50.16' to a
point for the southeast corner of the tract herein described;
TI-lENCE N83Q46'57"W 697.50' to a point for the southwest corner of the tract herein desaibed in the east
boundary line of Lot 1, Block I, River Heights, a map of which is recorded in Volume 60, Page 187, said map
records;
TI-lENCE along the east boundary line of said Lot 1, Block 1, River Heights N09"35'59"E, at 2.45' pass the
common northeast corner of said Lot 1, Block 1, River Heights and southeast corner of Lot 2, said Block 1,
River Heights and continuing along the east boundary line of said Lot 2, Block 1, River Heights, in all a
distance of 50.09' to a point for the northwest comer of the tract herein described;
TI:lENCE S83D46'57"E 698.49' to the POINT OF BEGINNING,
NMW:mad
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Nixon M. Welsh, R.P.L.S.
Sheet 1 of 1
Q0S-R 0'160-67'
.
.
MURRAY BASS, JR., P.E. R.P.L.S.
NIXON M WELSH, P.E" R.P.L.S.
3054 S. ALAMEDA
PH.S61882-5521
FAX 361 882-1265
E-MAIL: murrayjr@aol.colll
E-MAIL: nixmw@aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
CORPUS CHRISTI, TEXAS 78466-6397
TRACT 2
PROPOSED R-IC ZONNING
November 21, 2005
05038M&B -Tract 2
State of Texas ~
County of Nueces S
Description ofa 16.16 acre tract of land, more or less, a portion of Annex No, 2 to the Nueces River Irrigation
Park, a map of which is recorded in Volume" A", Page 55, Map Records, Nueces County, Texas, said 16.16
acre tract as further described by metes and bounds as follows:
BEGINNING at a point in the easterly boundary line of Lot 2, Block 1, River Heights, a map of which is
recorded in Volume 60, Page 187, said map records, said beginning point for the southwest corner of the tract
herein described and bearing N09035'59"E 47.64' from the southeast corner of said lot 2;
1HEN CE N09035'59"E 1021.87' along the east boundary line of said River Heights to a point for the northeast
corner of Lot 14, Block 2, said River Heights and northwest corner of the tract herein described and being in
the southerly boundary line of Wood River Unit 2, a map of which is recorded in Volume 45, Pages 190-192,
said map records:
1HENCE S79036'45"E 716.44' along the south boundary line of said Wood River Unit 2 and along the south
boundary line of Wood River Unit 1, a map which is recorded in Volume 44, Pages 180-182, said map records,
to a point in the south boundary line of Lot 11, Block 10, said Wood River Unit 1, for the northeast corner of
the tract herein described and northwest corner of Northwest Estates, a map of which is recorded in Volume
52. Pages 5S and 56, said map records;
THENCE SlOo43'37"W 971.00' along the west boundary line of said Northwest Estates to a point for the
southeast corner of the tract herein described and common southwest corner of Lot 6, Block 1 and northwest
corner of Lot 1, Block 9, of said Northwest Estates;
THENCE N83046'57"W 698.49' to the POINT OF BEGINNING, a sketch showing said 16.16 acre tract being
attached hereto as Exhibit "C".
NMW: mad
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - January 25, 2006
Tabled Zoning
3. 0106-08
Staples Development, LLC: From "F-R" Farm-Rural District to a "B-4" General
Business District and "R-lB" One-family Dwelling District
Tract 1 being 4.48 acres and Tract 2 being 16.16 acres out ofNueces River
lITIgation Park Annex No.2 located north of Northwest Boulevard and 225 feet
east of Trinity River DrivelFM 1889
Faryce Goode-Macon described the above case and stated that the property is located on Northwest
Boulevard and is currently zoned a "F-R" District. The developer is requesting a "B-4" District for
commercIal development on Tract 1 Plans have not been developed for this tract. On Tract 2, the
applicant IS proposing a fifty-three (53) lot subdivision on the subject property. The future land use
recommends general business, neighborhood business and multi family uses. Staff recommendation is
denial of the "B-4" General Business District on Tract I due to future residential proximity and, in lieu
thereoC approval of a "B-1 A"Neighborhood Business District. Staff recommends approval of the "R-l C"
on Tract 2
In answer to Commissioner Skrobarczyk's questlOn, Ms. Goode-Macon stated that properties on
each sIde are zoned a "B-4" General Business District.
Public hearing was opened.
Martin Leary, 105 Ilawthome Place, Corpus Christi stated that he owned the adjoining tract and it
was a very thought out mixed use development. If someone cannot get the appropriate zoning, his only
optIOn is to break up the lots which are not in the best interests of the City. I encourage the Planning
CommiSSlOn to approve the zoning as requested.
In answer to Commissioner Martmez's question, Ms. Goode-Macon stated that the City had no
specific development plans on this project.
Bill Ward, 25 HeWitt, Corpus Christi, Texas stated that the developer is attempting to move forward
with his project. Mr. Ward stated that the developers would consider a "B-1" rezoning with a "B-1 A"
buffer on Tract I.
Daniel Bluntzer, 4021 Nichols, Corpus Christi, Texas stated concerns with the residential properties
and the increased flow of traffic
In answer to Commissioner Huerta's question, Ms. Holly stated there is a concern for traffic
especially within the residential area and will be addressed during the platting process.
Public hearing was closed.
Plannmg Commission Minutes
Case No 1 \ 05-08 (Staples Development. LL.CI)
Page 2
Motion was made tiJr approval for a "B-1 "District with a "B-1 A" District 50 foot buffer along the
rear of Tract 1 was made by Commissioner Pusley and seconded by Commissioner Braselton. Motion did
not pass w]th a vote of 5 to 2.
Commissioner Braselton stated that with the "B-1" District zoning, a precedence is being set. Also,
with approval of a "B-4"DIstrict. you have additional signage that is allowed.
CommiSSIoner Zamora stated that this property lends itself more to a "B-4" District with a "B-IA"
District buffer along the rem.
Commissioner Martinez stated that he would approve the "B-4"District for Tract 1.
Commissioner Pus ley stated that he was in agreement with Commissioner Braselton and would be
to favor of a "B-1" District
Chairman Stone that he would be in favor of a "B-4" District.
Motion for a "B-4" District with a 50' "B-IA" buffer along the rear on Tract 1 was made by
Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with
CommiSSioner Salazar being absent.
Motion for a "R-l C" District on Tract 2 was made by Commissioner Braselton and seconded by
Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Salazar being absent.
i 1 :\PIN- DIR'SHARED\GA J L\WORI lAGENDMEM\200(/J anuary\O I 06-08Minutes Excerpt.doc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY STAPLES DEVELOPMENT, LLC, BY CHANGING THE ZONING
MAP IN REFERENCE TO 3.680 ACRES OUT OF THE NUECES RIVER
IRRIGATION PARK ANNEX NO.2, FROM "F-R' FARM RURAL TO
"B-4" GENERAL BUSINESS DISTRICT WITH A 0.801 ACRE 50 FOOT
"B-1A" BUFFER TO THE REAR ON TRACT 1 AND 16.16 ACRES
FROM "F-R" FARM RURAL TO "R-1C" ONE FAMILY DWELLING
DISTRICT ON TRACT 2; 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 Staples Development, LLC, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
January 25, 2006, during a meeting of the Planning Commission, and on Tuesday,
February 28, 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 3.68 acres out of the Nueces River Irrigation Park
Annex No.2, located along Northwest Boulevard between Pinnacle Drive and Trinity
River Drive, from "F-R" Farm Rural to "B-4" General Business District with a 0.801 acre
50 foot "B-1 A" buffer to the rear on tract one and 16.16 acres from "F-R" Farm Rural to
"R-1 e" One Family Dwelling District on tract two. (Map 068051) (Exhibit)
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.
H\LE G-OIR\garyws\garyws\agenda\2006\02-28\01 06-08AL T.Zoning(B 1 A BUFF) STAPLES OEV.1.doc
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 28th day of February, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor, The City of Corpus Christi
APPROVED: February 22, 2006
'''I , /"'l .
~1f;r imcL
ary . Smith
Assistant City Attorney
For City Attorney
H:\LEG-DIR\garyws\garyws\agenda\2006\02-28\0106_08AL T.Zoning(B1A BUFF) STAPLES DEV.1.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. IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfu lIy,
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 Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:\lEG-DIR\garyws\garyws\agenda\2006\02-28\0106-08AL T.Zoning(B1A BUFF) STAPLES DEV.1.doc
MURRAY B^ss. JR., P.E.,R.P.LS.
NIXON M. WEUH, p.a,R,p.L.S.
3054 S. AI-AMBOA, :tIP 78404
PH. 361 882.SS21
FAX ~61 882-126:;
c-m.il: murravlr(7:lhol.c:om
c-mall: nlxmw(ltJaol.c:om
BASS & WELSH ENGINEERING
P.O. Box 6397
Corpus Christi, TX 78466-6397
/
TRACT 1 - Ft"Ohi
PROPOSED BUSINESS ZONING
State of Texas ~
February 16, 2006
05038M&B ~ Tract I-rev
County of Nueces S
Description of a 3.68 acre tract of land, more or less, a portion of Annex No_ 2 to thc'Nueces Rive.. lnigation
Park, a map of which is recorded in Volume "A", Page 55, Map Records, Nueces County, Texas, said 3.68 acre
tract as further described by metes and bounds as foUows:
8EGINNING at the southeast comer of Lot 1, Block 1, River Heights, a map of which is recorded in Volume
60, Page 187. said map records, said beginning point for the southwest corner of tbe tract herein described;
THENCE N09OJ5'59"E 231.06' along the east boundary line of said Lot 1, Block 1, River Heights, to a point
for the northwest corner of the tract herein described;
THENCE S83046'57"E 697.50' to a point for the northeast comer of the tract herein described in the west
boundary line of Lot 1, Block 9, Northwest Estates, a map of which is recorded in Volume 52, Pages 55 and 56,
said map records:
THENCE SlOo43'37"W 231.37' along the west boundary line of said Lot 1, BloCk 9, Northwest Estates, to a
point in the north right-of-way line of FM 624 (Northwest Boulevard) for the southeast comer of the tract
herein described.
THENCE a.long the said north right-of-way line of FM 624 N83046'STW 692.94' to the POINT OF
BEGINNING.
, Nixon M- Welsh, R.P_LS_
NMW:mad
EXHIBIT "A"
Sheet 1 of 1
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BASS Be WELSH ENGINEERING
p.o. IIOx 8397
eoRpU. CHRISTI, T~ '_6&-8387
B-1 A ZONING
-rAAc.T..:L - Ke'\r
February 10, 2006
05038M&B .doc
State of Texas i
County of Nuec:es ~
Description of a 0.801 a~e trac::t of land. more or less, a 50' wide strip, a portion of Annex No.2 to the Nue<:es
River Irrigation Park, a map of which is recorded in V01woe "A", Page 55, Map Records, Nueoes County,
Texas., said 0.801 acre tract as further described by metes and boundus follows:
BEGINNING at the nortlnvest <:orner of Lot I, Blocli; 9, Northwest Estates, a map of which is recorded in
Volume 52. Pages S5& 56, said maptecords. said beginning point for the northeast comer of the tract herein
described ;
THENCE along the west boundary line of said Lot I, Block 9, Northwest Estates Sl0"43'37"W 50.16' to a
point for the southeast oorner of the tract herein described;
THENCE N83046'57"W 697.50' to a point for the sou~t comer of the tract herein descnDed in the cast
boundary line of Lot 1, Block 1, Rivet Heights, a map ofwhicb is recorded in Volume 60. Page 187, said map
rCQOI'ds;
TIlENCE along the east boundary line of said Lot 1, Block 1, River Heights N09"3S'59"~ at 2.45" pass the
common northeast corner of said Lot 1, Block 1, River Heights and southeast COmer of Lot 2, said Block t,
River Heights and continuing along the east boundaty line of said Lot 2. Block 1, River Heights, in all a
distanoe of 50.09' to a poil1t for the northwest comer of the tract herein descnbed;
TIiENCE S83"46'S7"E 698.49' to the POINT OF BEGINNING.
NMW:mad
tUtv~
, Nixon M- Welsh, R.P .L.S.
Sheet 1 of 1
C.AS-J 6'i60-6r
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33
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/21/06)
Case No. 0206-02-Chili Pepper Properties. Inc.. Garv Cadena and Timothv Lawson: A zoning change
from "R-I B" One-family Dwelling District to a "A-2" Apartment House District. The property being 1104
acres out of West's Laguna Madre Place, Tract A, Lots 1-5, Tract B., Lots I and 4-8, Tract C, Lots 1-6 and 8-
] I, Tract ] 5 (replat), Laguna Madre Acres Tracts 13 and 14, Volume 1363, Page 449, located west of Laguna
Shores Road and McNelly Street intersectIon and south of Glenoak Drive.
Plannin2. Commission and Staff's Recommendation (2/8/06): Approval of an "A-2" Apartment House
District.
Requested Council Action: Approval of an "A-2" Apartment House District.
Purpose of Request: SIXty (60) Townhouses and ninety-six (96) High-Rise Condominiums/Apartments.
Summan.
. The applIcant IS requestmg a change of zoning to "A-2" Apartment House District in order to
develop sixty (60) townhouses and ninety-six (96) high-rise condominiums/apartments on 1104
acres.
. The proposed townhouses are planned as 2-story structures with attached garages. Development
of the high-rise condominiums/apartments is proposed as two (2) buildings comprising of eight
(8) stories with parkmg on the ground floor under the complex.
. The "A-2" District accommodates the use and height requirements for this type of development.
Specifically, the "A-2" District provides for medium and high-density residential development,
whereby structures may exceed the standard sixty feet or 4 stories in height. Structures that
exceed the standard building height must provide forty (40) percent of the site for non-vehicular
open space.
. Water and wastewater demands for the proposed use is projected at 25,740 gallons daily. Solid
waste demand for the proposed residential development is 1,389 Ibs. daily.
. The requested "A-2" Apartment House District ]s supported by the Flour Bluff future land use
map.
Recommendation: Approval of the" A-2" Apartment House District.
Applicant's Position: The applicant IS in agreement with recommendation.
Agenda Memorandum
Case No. 0206-02 (Chili Pepper Properties, Inc,
Gary Cadena and Timothy Lawson)
Page 2
Notification: Of the twenty-five (25) notices mailed to the surrounding property owners, zero (0) was
returned in favor and fifteen (15) received in opposition totaling 22.56% opposed. The 20% rule is
invoked. This case is considered controversial.
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/als
Attachments:
I ) Zoning Report
2) Planning Commission Minutes
3) Ordinance
I !\PI_N-D lR \SHARED\Gai I\WO RD\A GEN D MEM\2006 \February\0206-02 A GEND AM EMO .doc
CITY COUNCIL
ZONING REPORT
Case No. 0206-02
Planning Commission Hearing Date: February 8, 2006
i Applicant: Chili Pepper Properties, Inc., Gary Cadena and Timothy Lawson
~ · Owner: Same as Applicant
~ S i Agent: Paul T Lozuk
~ i. ! Property Area: Being 11.4 acres out of West's Laguna Madre Place, Tract a, Lots 1-5,
-=.t: Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (replat), Laguna Madre
= ~
.~ ~ Acres Tracts 13 and 14, Volume 1363, Page 449, located west of Laguna Shores Road
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! Area: 11.4 acres
I Purpose of Request: 60 Townhouses and 96 High-Rise Condominiums/Apartments
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[- Zoning Existing Land Use Future Land Use
i Site "R-l B" One-family Multi-family
Dwelling District V acant land
i North "A-I" Apartment House V acant land Public/Semi-Public and
District Conserva ti onlPreservation
-- -----
South "R- 1 B" One- family Vacant land Multi-family
Dwelling District and
"B-1 " Neighborhood
Business District
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East "R-IB" One-family Vacant lots and single- Commercial
Dwelling District and family homes
"B-2" Bayfront Business
District
--..
West "R-l B" One- family Single-family residential Single-family residential
Dwelling District and vacant land
LOlling Report
Case No. 0206-02 (Chili Pepper Properties, Inc.,
Gary Cadena and Timothy Lawson)
Page 2
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Area Development Plan: Flour Bluff ADP- The proposed townhouse, condo and
apartment development for the subject property is consistent with the future land use
map.
~ap: 035029
Zoning Violations: None
· The applicant is requesting a change of zoning to "A-2" Apartment House District
in order to develop 60 townhouses and 96 high-rise condominiums/apartments on
11 .4 acres.
· The proposed townhouses are planned as 2-story structures with attached garages.
Development of the high-rise condominiums/apartments is proposed as two (2)
buildings comprising of eight (8) stories with parking on the ground floor under
the complex
The "A-2" District accommodates the use and height requirements for this type of
development. Specifically, the "A-2" District provides for medium and high-
density residential development, whereby structures may exceed the standard
sixty feet or 4 stories in height. Stnlctures that exceed the standard building height
must provide forty (40) percent of the site for non-vehicular open space.
Water and wastewater demands for the proposed use is projected at 25,740
gallons daily. Solid waste demand for the proposed residential development is
1,389 lbs. daily.
. The requested "A-2" Apartment House District is supported by the Flour Bluff
future land use map.
-_._~--
Street Type Paved Section V olUIDe
. 2001
~ Laguna Shores Road Parkway 80' R.O.W. vanes w/18' 3,680 a.d.t.
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1;..e The subject property contains platted and unplatted property. Subject property will need to replat
== ~ for development purposes.
Zonmg Report
Case No. 0206-02 (Chili Pepper Properties. Inc.
Gary Cadena and Timothy Lawson)
Page .3
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Attachments: Zoning Map
Concept Development Plan
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I NOTICE MAP I
F-R Farm Rural District
K H 1o.....phouse Dwelling District
B-1 Neighborhood Business District
B-1 A Neighborhood Business District
1-2 Light Industrial District
1.3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
RE Restdentill Estate District
Multiple Dwelling District
: ~ A Travel Trail&r Park District
8-ZA Barner Island Business District
RA One Family Dwelling Distri<.;t
R~lA One Family DwefHng District
1 '8 Manufactured Home Park District
8-2 Bayfront Business District
R~' BOne F.mUy Dwelling Ois1rict
R~1C One Family OwetUnu District
T 'C Manufac1ured Home Subdi",ision District
80 Corpus Christi Beach Design District
HC His1orical.cultural LOIndmark Preservation
City of Corpus Chris1i, TX
A' Apartment House District
A.1A ApOlrtment Houu District
A.;; Apartment House District
B~3 BusiMSS Distrtct
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - February 8, 2006
b. 0206-02
Chili Pepper Properties, Inc., Gary Cadena and Timothy Lawson: From "R-IB" One-
family Dwelling District to an "A-2" Apartment House District
Being 11.4 acres out of West's Laguna Madre Place, Tract A, Lots 1-5, Tract B, Lots 1
and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (replat), Laguna Madre Acres Tracts 13 and
14, Volume 1363, Page 449, located west of Laguna Shores Road and McNelly Street
intersection and south of Glenoak Drive.
Faryce Goode-Macon presented a review of this request for an "A-2" Apartment House District
and stated that the subject property is located on Laguna Shores Road with boundaries on Glenoak Drive
and Debra Lane for the purpose of developing sixty (60) two-story townhouses with detached garages and
ninety-six (96) condominiums in a two building plan concept with five (5) stories and parking on the first
floor. The property consists of 11.4 acres. To the north of the subject property is vacant land with
residential zoning. To the south is the Belmont residential development along with portions of vacant
land being zoned as "R-IB" One-family Dwelling District and "B-1" Neighborhood Business District and
to the east and to the west are single-family residences. Ms. Macon stated the future land use map
supports an "A-2" Apartment House District. There were twenty-five notices (25) mailed out with seven
(7) notices returned in opposition making the opposition at 16%.
In answer to CommIssioner Zamora's question, Ms. Goode-Macon stated that at this time the
applicant was not in ownership of Lots 2, 3 and 7. The applicant does intend to pursue purchasing these
lots. Ifthey are unable to acquire the lots. the zoning is still being requested.
In answer to CommIssioner Skrobarczyk's question, Ms. Goode-Macon stated that if these lots
are not purchased, the development is planning to build around these lots.
Public hearing was opened.
Paul Lozak, 14261 Allamanda Drive, Corpus Christi, Texas stated that the applicant is almost at
completion of twenty-two (22) high quality townhomes on Padre Island Island are looking to do a similar
development in this area. This area is void of new construction. The applicant did consider developing
approximately fifty (50) single-family residences in this area but after studying the City's Development
Plan which indicated multi-family zoning the applicant revised their request to an "A-2" Apartment
House District. The current zoning east along Laguna Shores Road is a "B2" Bayfront Business District
or "B-4" General Business District for business, and properties on each side of the subject property are
zoned a "B-1" Neighborhood Business District and an "A-I" Apartment House District. The applicant
had discussions with the City regarding the possibility of developing this area for townhouses and
condominiums and had discussions on water, wastewater, and drainage. The applicants provided a
preliminary site plan showing the development of these townhomes and condominiums guarding the
privacy of the residents on Debra and leaving the majority of the rear property undisturbed. The
Planning CommissIOn Minutes
Case No. 0206-02 (Chill Pepper Properties, Inc.,
Gary Cadena and Timothy Lawson)
Page 2
development would generate $30-$40 million in construction and be a positive addition for the entire
area.
In answer to Commissioner Pusley's question, Mr. Lozak stated that there has been no
communication with the neIghborhood.
In answer to Commtssioner Zamora's question, Mr. Lozak stated that the applicant is more than
willmg to have dIscussions with the neighbors to discuss plans and their concerns.
Wallace Allen, 2705 Laguna Shores Road, Corpus Christi, Texas stated that he was in favor of
this request.
Marvm and Norma Marshall, 2825 Debra Street, Corpus Christi, Texas stated that the storm
drainage floods into a wetland and three-fourths of the time has six inches to a foot of water and continues
to fill up 10 the rainiest of season to approximately 10 feet of water. The boundaries of the project drain
to the right of Glenoak and continue to fill up towards my property and then eventually move across the
street. These five (5) story townhouses are about a few hundred feet from my house. Across the street
from this project is the Red Hen Pond which is a protective wildlife reserve and a lot of the birds reside in
the back area of the proposed development. This project will destroy the wetlands. This five (5) story
building behind my house IS going to lower property values with this kind of development of apartment
type buildings. Neighbors don't want to have their privacy infringed on with buildings at the rear of their
properties
In answer to Comnnssioner Skrobarczyk's questIOn, Mrs. Marshall stated that the six (6) foot
pond doesn't dram, but the surrounding streets drain into Glenoak and there are no side walks and no
parking.
In answer to Chairnlan Stone's question, Mary Frances Teniente stated that the engineer will be
addressing issues if that is an official wetlands and drainage will be discussed and assessed.
Alex Hacker. 2630 Debra Street, Corpus Christi, Texas stated that his residence was
approximately 150 yards from the proposed development. All the water drainage crosses Glenoak and
goes through the wildlife area. Looking at their project lay-out, about 80 percent will be pure mn-off with
roofs and pavement and there will be an additional nine (9) acres that generate run-off. Approximately
30,000 gallons for run-off. My second concern is traffic. This development will add 300 cars to this area
and there are only two (2) exits on Glenoak Drive and on Waldron Road. At school time, there is a large
traffic problem. There will be environmental contamination with this development and the drainage that
]t will produce. The pond is in front of my property and it will ruin our environment.
Elizabeth Starr, 2638 Debra, Corpus Christi, Texas inquired whether there would a study
performed on the impact of this development. Most of the tourists that visit this area do so to view the
Red Hen Pond and most of the tourists gather on Glenoak. This development will have a negative fact on
the wetlands and their beauty.
Wally Maller, 2718 Debra, Corpus Christi, Texas stated his opposition to this development. This
area has limited infrastructure for sewer and is not set up for increased traffic. There will be 60 foot
buildings in my view and this area is not set for drainage. There are kids walking to school and it would
be a danger to them with no sidewalks and the increased traffic.
Cmdy Moore, Corpus Christi, Texas stated that her residence was located on the comer of
Glenoak and Laguna Shores Drive. Ms. Moore stated her opposition to the development of high-rise
Planning Commission Minutes
Case No. 0206-02 (Chih Pepper Properties, Inc..
Gary Cadena and Timothy Lawson)
Page 3
apartments. There IS no come, a very quiet neighborhood and this will totally demolish our area and
lower property values. I do have a problem with sixty to eighty foot buildings in that area. I don't oppose
progress. These are small lots and this development is going to cause problems with the run-off and in
five (5) years I have already submitted two (2) flood claims with the existing conditions. On 11.4 acres,
there could be a development of eighty (80) single-family residences. There is also the problem of City
sewage and traffic.
Mike Parker, 225 Glenoak, Corpus Christi stated that the infrastructure will not handle this
proposed development. ThIS area already has experienced some accidents and there is large traffic with
approximately thirty (30) school buses each day. There are no sidewalks for the children. The sewage
system backs up on a regular baSIS and this development will add to the problem.
Jack Eckstine, 2745 Debra Lane, Corpus Christi, Texas stated that he owns three acres on the
west side of this development and there is a lot of water received on our property. If you look at the
property proposed, the property values will be ruined. Laguna Shores at high tide is under water. If this
kind of development is approved, there are going to be major problems with drainage.
Mr. Gaines, 2853 Glenoak, Corpus Christi, Texas stated that he owns three (3) acres and all of
Debra drains toward his property and cuts between the back lot. The drainage is very heavy and fills up
between his property and the adjacent neighbor's property.
Scott Corliss, 2922 Debra Lane, Corpus Christi, Texas stated that this development will triple the
traffic and this is not good planning. School traffic is 90 percent of the traffic. This will impede the
marshland. R-IB is surrounding the property and it would definitely negative the complete area. At the
next meetmg, there will be at least 30 percent of opposition. There will be an increased need for garbage
dumps. Single-family residences would generate less amount of water There is a lot more spaces for
run-off on a single-family residence.
Pam Bush, 121 Glenoak, Corpus Christi, Texas stated that she is leasing her property but the
owner of the property is very upset and opposes the development.
Leota Games, 2853 Gaines, Corpus Christi, Texas stated we have approximately three acres along
the Van Halen drainage ditch and all of Debra drains toward the east. It is blocked off and the culvert
under Glenoak was filled in on the southside and as the water builds up, our property will have a lake.
Jason Avrehusky, 233 Glenoak, Corpus Christi, Texas stated that traffic on Glenoak, Debra and
Laguna Shores Road is extensive. During high tide on Laguna Shores Road the area is flooded that
directs traffic through Glenoak.
When it does ram, we have water rushing across Debra Lane sometimes four inches deep. The
street Glenoak from Waldron Road to Debra is caving in and they are sewer problems and there is a hole
going under the pavement. This problem has not been fixed. Also, on Debra on the north end when it
rains the sanitary sewer can shoot as high as one foot.
Public hearing was closed.
Commissioner Braselton stated that the property to the north is already zoned an "A-I"
Apartment House District and the drainage would have to be addressed during platting.
Mary Frances Teniente stated that there is sewer down Debra Lane and there is a gravity system
at the Riviera Lift Station.
Planning Commission Mmutes
Case No 0206-02 (Chili Pepper Properties. Inc,
Gary Cadena and Timothy Lawson)
Page 4
In answer to Commissioner Skrobarczyk's question, Ms. Holly stated our requirements are
insufficient to protect thts area under the current Storm Water Master Plan.
Commissioner Skroharczyk stated that if you had sufficient flow from Glenoak Drive the backup
would be minimized going mto other subdivisions. Even on eighty (80) single family residences, there
will run-off drainage problems. Even a one story structure would block the view and this development
for Flour Bluff is long overdue and will probably occur.
Commissioner Pus ley stated that there is a lot of work to be done with the neighbors and the
developers. When you reach City Council with this much opposition, it can be difficult.
Commissioner Salazar stated from listening to the neighborhood, I do not know if tabling this
case would make a difference. The Flour Bluff is due for a development of this type. If the 20 percent
mle is invoked, approval for the case will be difficult at the City Council level. It would be in the best
mterests of the developer to work with the neighborhood
Gary Kedina, a developer on the project, 14813 Leeward Trail, Corpus Christi, Texas stated he
was the holder of a biology degree from A & M University and has experience with environmental
concerns. Mr. Kedina stated their intent to maximize the use of this project and come to a balance that
works The area at the back and at the location of the possible pond, we have left it as a green area. If the
zoning request is approved, the applicant and developers will work with our engineers and the City to deal
with the drainage problem. Traffic concerns are an issue. This development is more geared to vacation
homes and weekend homes There is approximately an average of ten percent that live on the site all the
time at our current development. At this proposed development, short term rentals will not be allowed.
Regarding concerns with the enVironment, this area already has an environmental problem and drainage
problems The applicant and developer wtll deal with the run-off on this property
In answer to Chairman Stone's question, Mr. Kedina stated that their intention is to purchase Lots
2. 3 and 7 on McNeely If this does not occur, the applicant will build around those lots.
In answer to CommIssioner Pusley's question, Mr. Kedina stated that a letter has been received
from the ('orp of Engineers addressing Laguna Shores Road. The back issue is based on utilizing
vegetation as a green area tn be used with the wildlife habitat. The proposed property will have to be
reviewed by our engineer for the normal rainwater for Corpus Christi and divert water into different
directions per our master plan.
In answer to CommIssioner Skrobarczyk's questIOn, Mr. Kedina stated that proposed is a
sidewalk and tenms courts bordering the wetlands. The structure for the condominiums will be elevated
on stilts with parking underneath
In answer to Commissioner Zamora's question, the landscaping plans will come later. In the past,
we have used natural native plants to be placed around the pool.
Commissioner Pusley encouraged all concerned to get together prior to City Council to find
solutions for the development and concerns from the neighborhood.
Chairman Stone stated he felt uncomfortable approving the vote when the site plan may change if
the three (3) lots are not purchased.
Planmng CommissIOn Mmutes
Case No. 0206-02 (Chllt Pepper Properties, lnc,
Gary Cadena and Timothy Lawson)
Page'i
Motion for approval of an "A-2" Apartment House District was made by Commissioner Pusley
and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Chairman Stone
opposing and Commissioner Huerta being absent.
If :\'PLN-DlR \SHARED\GAIL \, WORDAGEN DMEM\2006\February\0206-02 Minutes Excerpt.doc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CHILI PEPPER PROPERTIES, INC., BY CHANGING THE ZONING
MAP IN REFERENCE TO 11.4 ACRES OUT OF WEST'S LAGUNA
MADRE PLACE, TRACT A, LOTS 1-5, TRACT B, LOTS 1 AND 4-8,
TRACT C, LOTS 1-6 AND 8-11, TRACT 15 (REPLAT), LAGUNA
MADRE ACRES TRACTS 13 AND 14, VOLUME 1363, PAGE 449,
FROM "R-1 B" ONE-FAMILY DWELLING DISTRICT TO "A-2"
APARTMENT HOUSE 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 Chili Pepper Properties, Inc., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 8, 2006, during a meeting of the Planning Commission, and on Tuesday,
March 21,2006 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 11.4 acres out of West's Laguna Madre Place,
Tract A, Lots 1-5, Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (replat),
Laguna Madre Acres Tracts 13 and 14, Volume 1363, Page 449, located west of
Laguna Shores Road and McNelly Street intersection and south of Glenoak Drive from
"R-1 B" One-family Dwelling District to "A-2" Apartment House District. (Map 035029)
(Exhibit Concept/Layout)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus 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 and shall take effect upon first
reading as an emergency measure on this 21 S day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March 16, 2006
Henry Garrett.
Mayor, City of Corpus Christi
~{wOmttLJ
ry . Smith
Assistant City Attorney
For City Attorney
f-1 :ILE G-OI R\garyws\garyws\agendaI200S\03-21 I020S-02RegularZoning Chili Pepper propertiesgwsOS0313.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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H :ILE G-DI R\garyws\garyws\agenda\2006\03-21 I0206-02RegularZoning Chili Pepper propertiesgws060313.doc
34
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Corpus Christi Regional Economic Development Corporation Quarterly Report
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
Roland C. Mower, CEO/President, C.C. Regional Economic Development
Corporation
ISSUE: Quarterly update to City Council regarding an overview of the following:
. Update on the Economic Summit
· Update on business recruitment efforts
. Update on existing industry program
REQUIRED COUNCIL ACTION:
No action required.
O'/2m~
Oscar R. Martinez
Assistant City Manager
Additional Background [j
Exhibits [
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36
AGENDA MEMORANDUM
Agenda Item: Appointment of five members of the City Council to serve on the
Local Government Fare Review Committee.
Issue: The Texas Transportation Code, Section 451.061 states that changes to the
fares of the Regional Transportation Authority must have majority approval by a
Local Government Fare Review Committee. The five City representatives would
serve in conjunction with three members of the Commissioner's Court, and three
Mayors of small cities in the RTA's service area.
This body does not meet on a regular basis and convenes only when an increase
to the existing fare structure is proposed by the Authority. Bus fares for RTA's
fixed route services have not changed since RTA began service in 1986. Attached
is a copy of the RT A Fare Review Study which includes the proposed fare increase
recommendations. It is anticipated that the Fare Review Committee will meet on
this issue sometime in April 2006 to consider the proposed changes.
Action Requested: Appointment of five members of the City Council to serve on
an 11 member Fare Review Committee for the purpose of increasing fares.
~~~.
Armando Chapa
City Secretary
Attachment:
Fare Review Study
REGIONAL TRANSPORTATION AUTHORITY
INFORMATION REPORT
DATE: March 2006
SUBJECT: Fare Review Study
BACKGROUND:
Bus fares for RT A's fixed route services have not changed since RT A began service
in 1986. Staff has been conducting an extensive analysis of fares and the impacts
of alternative fares on ridership. As part of this effort, staff is reviewing ways to
simplify fare structures.
The goals of this study are:
Increase Revenue: The share of operating expenses paid by passengers (the
"fare recovery ratio") has declined since 1986, to less than seven percent (7%) of
total operating expenses. RTA's philosophy over a number of years not to raise
fares has been a major contributor to a lower fare recovery rate over time. This
issue is even more important in 2005 as fuel prices continue to increase over
conservative budget projections.
Minimize Need for Future Fare ChanQes: Fare increases are often controversial.
Any fare increase should be small enough to minimize the impact on ridership,
but should also be high enough that RT A will not have to increase fares in the
near future, except for exceptional developing issue(s).
Simplifv Fare Structure: There are seven different fare categories for fixed route
services. In most categories, there may be two different amounts charged,
depending on the day of the week or time of day. This is confusing for riders and
operators, and has shown to cause disputes and complaints.
Minimize Loss of Ridership: Fare increases will typically result in some loss of
ridership, although some will return to use bus service in time. Incentives
through new fare options, though contrary to the goal of simplifying the fare
structure, may minimize loss of ridership. Daily, weekly or monthly passes and
multi-ride passes are examples of new fare options that may attract riders who
feel they are getting a "bargain" and may also be more convenient for more
riders by matching their special ridership patterns.
TransitioninQ B-Line Riders to Fixed Routes: Changes in bus fares may impact
paratransit service. However, transitioning paratransit riders to fixed routes is a
continuing objective for reducing paratransit costs and optimizing paratransit
service.
Fare Policies: Discussions with bus operators reveal that some passenger
abuses occur with transfers, discount identifications, use of tokens. Staff will
consider modifying or abandoning some of these policies in favor of more
innovative measures
Benefits and Purpose of Fare Increase
. A fare increase would be used for two primary purposes:
c A significant portion of the increased fare revenue would be used to
help offset (not completely offset) significantly increasing RTA
expenses for fuel and other materials to minimize service reduction
. The RT A is especially sensitive to the needs of the disabled, senior citizens
and students Fore many of these citizens, the RTA represents their sole
form of transportation. Therefore, all passenger amenities are designed with
these citizens in mind.
o A significant portion of the increased fare revenue would be used to
help upgrade customer amenities, most notably improvements to its
bus stops, such as shade shelters, benches, information systems and
lighting.
. A fare increase will help to reduce the use of RTA's annual "formula funds"
(Le., capital funds) now being used for operation expenses, such as bus
preventive-maintenance. This will also assist to redirect capital funds to
other capital needs and passenger amenities.
Board Actions and Implementation Plan
In the August 2005, RTA's Board of Directors agreed to consider changing RTA's
fare structures and increasing base fares. The Board approved "recommended'
fares in August 2005 that would be used for public input purposes. Following that
action, RT A staff began public outreach efforts to seek the comments of riders, the
general public and elected officials on proposed changes.
The original plan approved by the Board was to undertake a two-step process to
review/consider changes to fares.
. First, RT A would hold a series of meetings in which recommended fares
would be offered for public comment.
o Action: Staff proceeded with the public involvement process through
the August-October 2005 timeframe.
o Interruptions due to the Hurricane Katrina and Hurricane Rita storms
disrupted this process.
o Plans were also being made to obtain public comments on proposed
service changes, including reducing or eliminating some services. It
was felt that seeking comments on fare increases at the same time as
seeking comments on service reductions would send confusing, mixed
messages to the passengers and public. Subsequently, progress in
public outreach on this initiative has been slowed down.
· Second, after reviewing the results from this extensive research, Staff would
advise the Board of any further recommended revisions based on
considerations of public comments. The Board would determine final
recommendations to be used for a second series of public hearings, over a
shorter time period.
o Action: The Staff has evaluated comments from the general public and
RT A's passengers and has suggesting revisions to the Board's initially
recommended fare changes.
Fare Recommendations
Staff has evaluated input received from the public, including review from many of its
most experienced bus operators. Proposed fares are shown below.
Current Board Recommended
(August 2005)
Base (Adult) 50c
Saturday Fares 25c
Students 25c
Seniors/PWD:
Peak Hours* 25c
[*Peak Hours 6am-9am and 3pm-6pm)
Off-Peak 10c
Saturday 25c
Sunday 25c
Transfers Free+
+(Two-hour window)
"Day Pass" N/A
Revised Staff Consideration
(March 2006)
75c
75c
35c
75c
75c
35c
35c
35c
35c
35c
1 Oc+ . . . (E/PWD free *)
+(Two-hour window)
$1.75/ day
25c
10c
25c
25c
1 Oc++.. . (E/PWD free)
++(One-hour window)
$1.75
* E/PWD (Elderly 60 age 60 and abovel Persons with Disabilities)
2. Trolley Fares.
Current Board Recommended
#79 Downtown Free 25c
#94 Port Aransas Free 25c
#75 Bayfront 50c 75c
#78 CC Beach 50c 75c
3. Express Route Fares.
Current
Board Recommended
Park and Ride Routes
to CCAD/NAS-
Over 20 miles $1.00
- Under 20 miles 75c
#67 Bishop/Driscoll/Gregory
Base Fare $1.00
#65 Padre Island Connector
Base Fare $1.00
Port A FLEXI-B
Base Fare 50c
$1.25
$1.25
$1.25
$1.25
$1.25
4. "B-Line" (ADA Complementary Service) Fares.
Current Board Recommended
Within % mile
Surcharge
75c
$2.00
$1.25
$2.00
Timeline to Complete the Process
Steps
Will Commence Scheduled Completion
1 Presentations to Corpus Christi
City Council, Nueces County
Commissioners Court, and
other small cities that have
expressed issues.... '" . .............. February, 2006
February, 2006.
2 Present to RTA Administration
Committee*. ......................... ..... .03/29/2006
*Public Hearing
3. Board of Directors final approval*.... 04/03/2006
*Public Hearing
4. Presentation to Local Government
Fare Review Committee for
final approval............................. April, 2006
5. Prepare, educate RTA's riders and
general public; print publications. .. .April, 2006
May, 2006
6. Implement... ..... ... ................... OS/29/2006
Local Government Fare Review Committee
The State Legislation* that authorized the Corpus Christi Regional Transportation
Authority specifies that changes to the fares of the RT A must have majority approval
by a Local Government Fare Review Committee. The Local Government Fare
Approval Committee for the Corpus Christi Regional Transportation Authority is
comprised of the following officials:
· Five (5) members of the governing body City Council) of the principal
municipality, selected by that governing;
· Three (3) members of the Commissioners Court of the County having the
largest portion of the incorporated territory of the principal municipality,
selected by that Commissioners Court; and
· Three (3) mayors of municipalities, other than the principal municipality,
located in the authority, selected by:
o The mayors of all municipalities, except the principal municipality,
located in the authority; or
o The mayor of the most populous municipality, other than the principal
municipality.
* Texas Transportation Code Chapter 451, Section 451.061 (Fares and Other Charges)
I
I
L
SUPPLEMENTAL BACKGROUND INFORMATION
Backqround
Bus fares for RT A's fixed route services have remained the same since RT A
Authority service began in 1986. In many discussions, it has been noted that the
share of operating expenses paid by passengers (Le., the "fare recovery ratio") has
declined significantly. For FY2004, passenger revenues were less than seven
percent (7%) of total operating expenses.
Although not a factor or reason for RT A's initiative to consider a fare increase,
Corpus Christi RT A does have one of the lowest fares in the country. Of the 240
transit systems reporting their fares to APTA, only two (Glendale, CA and Puerto
Rico) have a lower fare, at 25c. Corpus Christi and ten (10) other transit systems
have fares of 50c. Forty-two (42) other systems have fares of under $1, and 66
have set their base fares at $1. Table 1 below summarizes the disparity between
RTA's fare and most other agencies.
Table 1
U.S. and Canadian Transit Systems Fares
BASE FARE % Total
$ 0.25 .4%
$ 0.50 .6%
$ 0.60 1.3%
$ 0.65 .4%
$ 0.75 10.4%
$ 0.80 1.7%
$ 0.85 1.7%
$ 0.90 .1 %
$ 1.00 7.5%
Over $1 50.0%
Total 40 100.0%
Source: American Public Transit Association (APTA)
Although the Authority's fixed route fares have not increased since its inception in
1986, the costs of operating the transit have risen at the average annual rate of 4%
over the last ten years while sales tax revenues have increased by an average
annual rate of only 2.6%. In 2003, the Authority's departmental operating expenses
began to exceed its sales tax revenues and the RT A began utilizing a portion of its
federal grants to reimburse itself for certain maintenance expenses. This alternate
use of the funding means that there are less grant funds available for capital needs.
Other challenges the Authority has faced are the ever-increasing costs of fuel,
increasing cost of steel used in vehicle repair parts, rising demand for the paratransit
service, double-digit inflationary increases to provide insurance coverage for its
employees, sales tax refunds to manufacturers in recent years, rising utility rates,
and the replacement of its existing fixed assets, mostly buses and bus facilities. For
example, over the last six years health insurance costs have increased on the
average of 18% per year, fuel has increased on the average of 11 % per year, and
utilities have increased annually at 5%.
The Authority's strategy for addressing rising costs while living within its means has
been to take measures to minimize its cost impact on the public. Among these
measures are:
· The Authority consciously decided to forego increasing the Authority's sales
tax rate from the orioinal 1985 rate of Y:z-cent rate to the maximum legally
allowable rate of 1-cent. Thus, the Authority decided to live within this means.
· The RT A has tightened its budgeting practices to be disciplined. This belt-
tightening approach resulted in slowing down the rise in overall expenses.
· The Authority continuously monitors its expenses for cost reduction
opportunities. As an example, twice per year staff evaluates each of its 42
fixed routes and make changes to increase their effectiveness and efficiency.
· Where it is more cost-effective to do so, the Authority has partnered itself with
the private sector to provide services on an as-needed basis for various types
of maintenance (i.e. plumbing, concrete repair, construction and engineering,
electrical) as opposed to creating new positions to accomplish these tasks
internally whenever the need arises. The Authority has similarly employed
specialized providers to gain heightened levels of expertise in certain core
services (i.e. paratransit).
· The Authority has placed smaller more fuel-efficient vehicles into service.
These vehicles gain about one additional mile per gallon. The Authority
utilizes over 1 million gallons per year. The benefits are clear.
· The Authority has entered into a cooperative purchased arrangement for the
purchase of vehicles, which will cost RTA 50% less of the grant-matching
funds previously needed to purchase these vehicles.
· A partnership with other government entities to take part in an electricity co-
operative agreement to utilize group bargaining power to obtain 15% lower
rates than the market prevailing rates it would otherwise have paid helped
keep the rising costs of utilities managed.
· The Authority partnered with the City of Corpus Christi to 'piggy-back' for
radio and data communications by sharing common infrastructure. This
arrangement resulted in a significant cost savings. The alternative was to
have built the infrastructure (additional capital expense) and maintained it
(additional operating expense).
· By coordinating street projects with the City of Corpus Christi, the Authority
saves thousands of dollars by sharing contractors on projects of mutual
benefit to both organizations. Done in this manner, projects are completed
more efficiently as well.
Public Outreach Efforts
The public outreach effort was a comprehensive program of three concurrent
phases. Public meetings were scheduled at several municipalities, and then
presentations were made to their city councils. Separately, presentations were
scheduled at many senior citizen centers around the County. Finally, open forums
were planned to be held at the RT A's transit stations. Along with these, a survey
form was used and distributed to gain more input, especially from passengers. In
addition, RTA sought input from our bus operators.
Public Meetinos and City Council Presentations
Four public meetings have been held to date, although attendance has been very
low In each: Bishop (2), Robstown (2), Gregory (2) and Port Aransas (5). As
planned, staff also made short informational presentations to the city councils of
each municipality after the public meetings.
At all of the public meetings (except for Port Aransas), there were several negative
comments about the proposed fares, although there was some discussion about the
impacts on persons with limited incomes. At the City Council meetings, members
voiced support for the proposals.
In Port Aransas, there was considerable opposition to the proposals to charge fares
on the #94 Port Aransas Trolley, and to raising the fare on the Flexi-B service from
50 cents to $1.25. The main reasons raised were:
· The low- and fixed-income residents who ride the trolley around town and the
Flex-B to Corpus Christi cannot afford the increase.
· The "Winter Texans" who ride the buses are also on limited incomes and will
have difficulty paying the increased fares.
· Port Aransas considers itself a "donor city" to RT A, because it contributes, by
the city's calculations, $350,000 in sales tax, while their bus services only
cost RTA about $175,000 (amount reimbursed by RTA to the City to operate
the services)
Senior Citizen Center Presentations
To date, staff made presentations to senior citizens at seven Senior Citizen Centers
around the County:
· Greenwood
· Lindale
· Zavala
· Robstown
· Bishop
· Oveal Williams
· Northwest
37
CITY COUNCil
AGENDA MEMORANDUM
March 21, 2006
AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter
10, Beachfront Management and Construction, regarding the elimination of vehicular traffic on
the beach seaward of the Padre Island seawall and Packery Channel and Padre Balli Park; the
direction of travel between Whitecap Boulevard and Padre Balli Park; establishing and
regulating Pedestrian Safe Beach; establishing a Pedestrian Safe area; ordering a special
election to be held on November 7, 2006, in the City of Corpus Christi on the question of
amending the Charter of the City of Corpus Christi to provide for restriction of vehicular access
to the public beach after approval in a public referendum; providing for procedures for holding
such election; providing for notice of election and publication thereof; providing for
establishment of branch early polling places; designating polling place locations; authorizing a
joint election with Nueces County; and enacting provisions incident and relating to the subject
and purpose of this ordinance; providing for penalties; providing for severance; directing the City
Manager to process any changes to the Comprehensive Plan, other plans, or ordinances to
make such consistent with this ordinance; providing for publication; and providing for the
effective date of the sections of this ordinance.
ISSUE: Whether vehicular traffic should be restricted from the beach seaward of the Padre
Island seawall and from the beach south of Packery Channel and north of the Padre Balli Park,
whether the southbound one-way traffic regulation between Whitecap Boulevard and Padre Balli
Park should be continued, whether a Pedestrian Safe Beach should be established with special
conditions for the safety of persons on the Pedestrian Safe Beach, whether the beach between
Packery Channel and Padre Balli Park should be established as a pedestrian safe area, and
whether a special election should be called on the question of amending the Charter to provide
for a publiC referendum on the further restriction of vehicular access to the public beach, such
election requirement to be effective only after the implementation of the restriction of vehicular
access to the beach between Packery Channel and Padre Balli Park and the final conclusion of
all challenges to the restriction.
REQUIRED COUNCIL ACTION: Adoption of proposed ordinance.
PREVIOUS COUNCIL ACTIONS:
February 28, 1995 - adoption of Dune Protection and Beach Access Plan, an element of
Comprehensive Plan.
December 17, 1996 - adoption of resolution authorizing sale and purchase agreement
with Asset Development Corporation for acquisition of property along the seawall for
public parking and related public uses. (Implementation of SB 1688.)
April 20, 2004 - adoption of Mustang-Padre Area Development Plan, an element of
Comprehensive Plan.
September 13, 2005 - adoption of motion authorizing the City Manager or his designee
to execute a construction contract with Haas Anderson Construction, Ltd., of Corpus
Christi, Texas in the amount of $458,618.20 for the Total Base Bid and Additive
Alternate NO.3 for the Packery Channel South Parking Lot Improvements.
October 18, 2005 - adoption of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park.
October 25, 2005 - repeal of ordinance 026526 restricting vehicles from the beach
seaward of the Padre Island seawall and prohibiting southbound one-way traffic between
Whitecap Boulevard and Padre Balli Park.
January 2006 - completion of the Padre Island seawall parking lot.
FUNDING: N/A.
RECOMMENDATION AND CONCLUSION: Staff recommends Council approval of the
restriction of vehicular traffic in front of the seawall and south of Packery Channel and north of
the Padre Island seawall. This action keeps faith with the intent of all of the agreements and
understandings made in 1995 and 1996 among all the parties. With existing rules. regulations,
and statutes, vehicular access to the beach will be provided at both ends of the seawall. The
recently completed seawall parking lot soon enhances access to the beach. The vehicular
restriction south of Packery Channel and north of Padre Balli Park is conditioned on the
development being brought to fruition. Making the areas vehicle free should work well with and
complement the Packery Channel project that we anticipate to be a tremendous recreational
draw. The public referendum requirement will allow the public to determine the appropriateness
of further restrictions conditioned on the actual restriction of vehicles from the beach between
Packery Channel and Padre Balli Park with all challenges concluded.
~!AOmdL
. Gary W. Smith
Assistant City Attorney
BACKGROUND INFORMA liON
The North Padre Island seawall was constructed in the late 1960's and, after a court settlement
between the seawall owners and the State of Texas represented by the Texas General Land
Office in 1974, beach access and parking in the area has always been in question. In the early
1990's, two issues came together that became the driving factors for the resolution of the
seawall issues.
Both issues arose because of the eroding beach in front of the seawall. As the beach narrowed,
it became practically impossible to have parking, vehicular movement and beach usage at that
location. Secondly, the state's 200 foot rolling beach easement slowly moved westward to the
point that it infringed on the private property west of and adjacent to the seawall and for all
practical purposes stopped all development or sale of the property because of the inability to
acquire title insurance. During 1992, 1993, and 1994, City staff, City Council and various
boards and commissions of the City met with all of the interested groups including
representatives of members of our legislative delegation to reach some consensus.
On May 8, 1995, SB1688 was passed by the Texas Legislature and subsequently signed by the
Governor. That bill sought not only to take care of the parking and access issue of the beach
but also to protect the private property interests behind the seawall. The bill provided that the
line of vegetation would be designated along the seaward side of the seawall provided that:
A. a perpetual easement has been granted in favor of the public affording pedestrian,
noncommercial use along and over the entire length of the seawall and adjacent
sidewalk by the general public;
B. fee title to the surface estate to an area for public parking and other public uses
adjacent to the seawall has been conveyed to and accepted by a public entity, which
area contains sufficient acreage to provide at least one parking space for each 15
linear feet of the seawall, is located within the center one-third of the length of the
seawall, and has frontage on the seawall for at least 300 linear feet; and
C permanent roadway easements exist within 1,000 feet of each end of the seawall
affording vehicular access from the nearest public road to the beach.
The conditions were met by the property owners along the seawall providing both a perpetual
easement for the public on the seawall and by providing a roadway easement on the north end
of the seawall (a public roadway already existed on the south end of the seawall). In addition,
the property owners raised $450,000 to purchase sufficient property to provide to the City for
public parking. Unfortunately, the only piece of property that could be purchased lay on the
edge of the center third of the seawall and, after discussions with the Attorney General's office.
HB2847 was passed on April 25, 1997, which amended SB1688 to allow for property within the
center third of the seawall or within 300 feet thereof.
It was the understanding of everyone concerned with the issues that once the parking was
constructed and the beach access on both ends of the seawall put into place, that the City
would restrict vehicular traffic from in front of the seawall. The City Council had clearly declared
that intent in the adoption of dune protection and beach access regulation on February 21,
1995. Various state agencies offered assistance in finding funding for the parking; however,
none was forthcoming.
On April 7, 2001, the voters of the City of Corpus Christi approved the creation of a Tax
Incremental Financing (TIF) District to undertake the Packery Channel project. Included within
the TIF district were two projects, Packery Channel and construction of the seawall parking
area
After exhaustive public hearings on a comprehensive plan for Mustang and Padre Isands, on
April 20, 2004, the City Council adopted the Mustang-Padre Area Development Plan that
Included policy statement C.15, which stated:
The highest priority for provision of beach parking is on existing City land located
adjacent to the seawall for a 300-space parking lot. In order to create a safe day-
use beach area in front of the seawall, traffic will be prohibited once a public
parking area is constructed.
On Tuesday, September 13, 2005, the Corpus Christi City Council unanimously approved a
construction contract in the amount of approximately $450,000 to construct the parking on the
City property on the seawall as had been contemplated for over 10 years. Construction of the
parking lot was completed in early 2006.
Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office,
under the authority of the Texas Open Beaches Act, authorizes local governments, with the
prior approval of the General Land Office, to close portions of the public beach to vehicular
traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for
each 15 linear feet of beach that is closed.
The City has constructed the parking lot that will accommodate cars in excess of the minimum
number required by the Beach and Dune Rules, and the parking lot is adequate to provide
parking for at least one car for each 15 feet of beach seaward of the concrete seawall where it is
proposed to eliminate vehicular traffic. (The minimum number of required parking spaces is
282.) Ingress and egress access to the beach is provided for vehicles at each end of the
seawall, and access to the beach is provided for pedestrians along the entire length of the
seawall by a perpetual easement that has been granted in favor of the public affording
pedestrians noncommercial use along and over the entire length of the seawall and adjacent
sidewalk.
Once vehicular traffic is eliminated from in front of the seawall, signs will be conspicuously
posted to explain the nature and extent of vehicular controls, parking areas, and access points.
The elimination of vehicular traffic on that portion of the public beach seaward of the Padre
Island seawall will provide a family safe area for the public to use the beach without being
exposed to the dangers posed by vehicles driving on the beach; and the public's right to access
is protected by the existing access and the availability of public parking adjacent to the public
beach and seawall.
There will be handicapped accessibility from the parking lot to the seawall and staff is working
on the engineering for handicapped accessibility from the seawall to the beach, which will be in
a future phase of the project.
Developments have been proposed for the area adjacent to the beach, south of Packery
Channel and north of the Padre Island seawall, and for the area adjacent to the beach and
south of the Padre Island seawall. The developers have represented to the City and public that
the developments are not feasible if traffic is not restricted from the public beach adjacent to
each development.
The completion of the Packery Channel improvements and the development of the two areas,
coupled with the popularity of that section of public beach between Packery Channel and Padre
Balli Park, will greatly increase the use of the beach segments. An overwhelming public safety
issue will be created by the mix of high intensity pedestrian use of the beach and vehicular
traffic on the beach. To mitigate the public safety risk, traffic will be restricted to parking lots on
and adjacent to the beach at each end of the Padre Island seawall. This restriction will not be
effective until the requisite parking lots have been constructed, the plan is approved by the
General Land Office, and the developments reach established "milestones" in construction that
assure that the projects, and the benefits anticipated therefrom, will be brought to fruition.
To further enhance the resort destination appearance and atmosphere of the beach adjacent to
the proposed development and Padre Island seawall, upon restricting vehicles from the beach,
the beach will be regulated as a Pedestrian Safe Beach. Certain activities are further regulated
on a Pedestrian Safe Beach. Personal watercraft and other motorized vessels may not be
operated within 1,000 feet of the Pedestrian Safe Beach. Fires, camping, mobile vendors, and
livestock are prohibited on a Pedestrian Safe Beach. Dogs are required to be kept on leashes
or other physical restraint. Under the existing regulations, camping and fires would not be
allowed adjacent to a home, condominium or hotel; dogs must be restrained or under the
owner's control; vessels, including surf boards, are not allowed within 50 feet of a swimmer or
other vessel; and vessels towing a person are not allowed to operate within 1,000 feet of the
shore
The proposed ordinance calls an election to present to the voters the question of amending the
Charter to require public approval at a special election before vehicles may be restricted from
any other beach segments. This election requirement will not be required until the vehicular
traffic is actually restricted from the beach segments and all challenges to the vehicular
restriction have been finally resolved. The election is proposed for November 7, 2006, and will
be held in conjunction with the general election held on that date.
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 10, BEACH FRONT MANAGEMENT AND CONSTRUCTION,
REGARDING THE ELIMINATION OF VEHICULAR TRAFFIC ON THE
BEACH SEAWARD OF THE PADRE ISLAND SEAWALL AND
BElWEEN PACKERY CHANNEL AND PADRE BALLI PARK; THE
DIRECTION OF TRAVEL BETWEEN WHITECAP BOULEVARD AND
PADRE BALLI PARK; ESTABLISHING AND REGULATING
PEDESTRIAN SAFE BEACH; ESTABLISHING A PEDESTRIAN SAFE
AREA; ORDERING A SPECIAL ELECTION TO BE HELD ON
NOVEMBER 7, 2006, IN THE CITY OF CORPUS CHRISTI ON THE
QUESTION OF AMENDING THE CHARTER OF THE CITY OF CORPUS
CHRISTI TO PROVIDE FOR RESTRICTION OF VEHICULAR ACCESS
TO THE PUBLIC BEACH AFTER APPROVAL IN A PUBLIC
REFERENDUM; PROVIDING FOR PROCEDURES FOR HOLDING SUCH
ELECTION; PROVIDING FOR NOTICE OF ELECTION AND
PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF
BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE
LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES
COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO
THE SUBJECT AND PURPOSE OF THIS ORDINANCE; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; DIRECTING THE
CITY MANAGER TO PROCESS ANY CHANGES TO THE
COMPREHENSIVE PLAN, OTHER PLANS, OR ORDINANCES TO MAKE
SUCH CONSISTENT WITH THIS ORDINANCE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR THE EFFECTIVE DATE OF THE
SECTIONS OF THIS ORDINANCE.
WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas
General Land Office, under the authority of the Texas Open Beaches Act, authorizes local
governments, with the prior approval of the General Land Office, to restrict vehicular traffic
from portions of the public beach, if adequate parking is provided on or adjacent to the
beach to accommodate one car for each 15 linear feet of beach from which vehicle traffic
is restricted;
WHEREAS, the Padre Island seawall is 4216.5 feetlong;
WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land
adjoining the seawall, which is adjacent to the public beach;
WHEREAS, the City has constructed a parking lot that provides parking in excess of the
minimum requirements of the Beach and Dune Rules;
WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15
feet of beach seaward of the seawall from which vehicular traffic is restricted;
1
WHEREAS, ingress and egress access to the beach is provided for vehicles at each end
of the seawall;
WHEREAS, the free and unrestricted right of ingress and egress to and from the beach is
provided for pedestrians along the entire length of the seawall by a perpetual easement
that has been granted in favor of the public affording pedestrians noncommercial use
along and over the entire length of the seawall and adjacent sidewalk;
WHEREAS, signs will be conspicuously posted to explain the nature and extent of
vehicular controls, parking areas, and access points;
WHEREAS, it has been the City's long term plan to restrict vehicles from the beach
seaward of the seawall once the City constructed a parking lot on City-owned property
adjacent to the seawall;
WHEREAS, Policy Statement II.B.3 of the City of Corpus Christi, Texas, Dune Protection
and Beach Access Plan, adopted on February 28,1995, an element of the City's
Comprehensive Plan, provides that "Subsequent to the purchase and development of the
parking lot landward of the seawall, the City will take action to close permanently the
beach seaward of the Seawall to vehicular traffic for safety purpose;"
WHEREAS, Policy Statement C.15, MUSTANG-PADRE AREA DEVELOPMENT PLAN,
adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's
Comprehensive Plan, provides that "in order to create a safe day use beach area in front
of the sea wall, traffic will be prohibited once a public parking area is constructed";
WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted
S61.017(c)(1 )(B) of the Texas Natural Resources Code, which in recognizing the seawall
as the line of vegetation required the fee title to the surface estate to an area for public
parking and other public uses adjacent to the seawall be conveyed to and accepted by a
public entity, which area contains sufficient acreage to provide at least one parking space
for each 15 linear feet of the seawall;
WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot has been
constructed, satisfies that obligation;
WHEREAS, the restriction of vehicular traffic from the portion of the public beach seaward
of the Padre Island seawall will provide a family safe area for the public to use the beach
without being exposed to the dangers posed by vehicles driving on the beach;
WHEREAS, the public's free and unrestricted right of ingress and egress to the beach is
protected by the existing access and the availability of public parking adjacent to the public
beach and seawall;
WHEREAS, outstanding resort developments have been proposed adjacent to the beach
between the north end of the Padre Island seawall and Packery Channel and between the
south end of the Padre Island seawall and Padre Balli Park;
2
WHEREAS, the section of beach adjacent to the proposed development north of the
Padre Island seawall is approximately 1 ,800 linear feet and the section of beach adjacent
to the beach south of the Padre Island Seawall is approximately 1 ,200 linear feet;
WHEREAS, the proposed resort developments will boost the local economy by drawing
tourists to Padre Island, providing temporary and pennanent jobs, enhancing the
hospitality industry, and increasing the tax base of the area;
WHEREAS, establishment of a pedestrian safe beach is essential to provide a family-
oriented zone where beach-goers, espeCially with children, can access the beach and gulf
waters without concern over risks to safety imposed by pedestrian use mixed with
vehicular traffic;
WHEREAS, construction of such resort developments is consistent with Policy Statements
D.5 and D.6, MUSTANG-PADRE ISLAND AREA DEVELOPMENT PLAN, adopted by City
Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive
Plan, "Promote the most intensive tourist oriented development east of S.P.I.D. and
between Whitecap Boulevard and Zahn Road.uPrivate land located south of
Packery Channel must be developed with a mix of high-density/intensity tourist
oriented commercial and residential activities. u";
WHEREAS, the developer has reported that the resort developments are not feasible
unless vehicular traffic is restricted from the beach between the north end of the Padre
Island seawall and Packery Channel and between the south end of the Padre Island
seawall and Padre Balli Park and the resorts will increase the use of the described
segments of beach north and south of the seawall;
WHEREAS, City Council desires to allow vehicular access to the entire described public
beach segments north and south of the Padre Island seawall until sufficient parking lots
are established on and adjacent to each public beach segment with sufficient pedestrian
amenities, including restrooms and shower facilities, until there is established disability
access to the south Packery Channel jetty, and until each resort development passes
critical "milestones" that clearly indicate its being brought to fruition;
WHEREAS, the increased beach usage that will result from each resort development
mixed with unrestricted vehicular access to each beach segment will create an
overwhelming public safety concern;
WHEREAS, restricting vehicular access due to an overwhelming public safety concern is
consistent with Policy Statement C.13, MUSTANG-PADRE ISLAND AREA
DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004,
an element of the City's Comprehensive Plan, "Except for in front of the seawall, the
City will not pursue closure of any portion of the public beach to vehicular traffic
without an overwhelming public safety concern...";
WHEREAS, City Council proposes an amendment to the City Charter to require voter
approval of any restriction of vehicular traffic on any portion of the public beach within the
3
corporate limits of the City or its extraterritorial jurisdiction other than from Packery
Channel to Padre Balli Park:
WHEREAS, the City Council desires to place before the electorate of the City of Corpus
Christi the proposed amendment to the Charter of the City of Corpus Christi;
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the
governing body shall order elections pertaining to municipal affairs, give notice and
appoint election officers to hold the election; and
WHEREAS, Nueces County will also be conducting a general election on November 7,
2006:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Section 10-69, Code of Ordinances, is adopted to read as follows:
"Sec. 10-69. Pedestrian safe beach.
(a) A pedestrian safe beach is established when the use of the beach is proiected to
be so Qreat that vehicular access to the beach will create an overwhelminQ public
safety concem and, therefore. vehicular access has been restricted from the
beach. A pedestrian safe beach will also enhance the resort atmosphere
anticipated by the MustanQ-Padre Island Development Plan by establishinQ a
family-friendly beach where beach Qoers of all aQes can enioy the beach and Qulf
waters without the risks pOsed by other uses.
(b) In addition to the other restrictions and uses set forth in this Chapter and as
applicable in the Code of Ordinances. the followinQ restrictions on uses and
activities shall apply on a pedestrian safe beach:
1. Personal watercraft and other motor-pOwered vessels are prohibited in the
Qulf waters within 1.000 feet of a pedestrian safe beach. except in an
established and marked access channel. and personal watercraft and motor-
powered vessels may operate in such access channel only at headway
speed. creatinQ no wake and as otherwise reQulated in Sec. 10-66.
2. Fires are prohibited on a pedestrian safe beach. except by prior
authorization from the Parks Department.
3. CampinQ. as defined and reQulated in Sec. 10-58. is prohibited on a
pedestrian safe beach.
4
4. Dogs and other animals shall be kept on a lead, leash, or other physical
restraint on a pedestrian safe beach.
5. Mobile vendors, as defined in Sec. 10-68. are prohibited from operating on a
pedestrian safe beach.
6. Livestock and any prohibited animal. as defined in Sec. 6-1, are prohibited
from beinQ brought or kept on a pedestrian safe beach.
(c) The owner of property adiacent to a pedestrian safe beach may be granted an
exclusive right as a beach vendor under Section 10-68 and upon the granting of
the exclusive right to vend on the adiacent pedestrian safe beach. the adiacent
property owner shall be responsible for cleaning the pedestrian safe beach, in a
manner compliant with all laws, statutes. ordinances and reQulations. and shall
provide lifeQuard services for the pedestrian safe beach.
(d) The owner of property adiacent to a pedestrian safe beach shall assist the City in
providing appropriate parking, access, and facilities for persons with disabilities."
SECTION 2. Section 10-73(f), Code of Ordinances, is repealed.
"Sec. 10-73. Vehicular operation.
*
*
*
*
*
"(f) Vehicular traffic shall oper::lto as one way in a southerly direction betwoon 'Nhitecap
Boulevard and Beach Aoeess Road tt '1."
SECTION 3. Section 10-77, Code of Ordinances, is revised to read as follows:
"Sec. 10-77. Pedestrian safe areas.
*
*
*
*
*
"( e) The city manager may establish as a pedestrian safe areas, the followinQ portions
ofthe Gulf beach:
ill south of Packerv Channel and north of the concrete portion of the Gulf seawall,
~seaward of the concrete portion of the Gulf seawall, until the beach Sea\Nard of
the oonoreto portion of tho seawall has beon ronourishod as detennined by tho city
managor, and
5
(3) south of the concrete pOrtion of the Gulf seawall and north of Padre Balli Park."
SECTION 4. Section 10-80(e), Code of Ordinances, is repealed.
"Sec. 10-80. One-way traffic on beach and access roads.
*
*
*
*
*
"( e) VehioleG travelling OR the Gulf beaoh between tho northern ond of the soaW311 and
Padre Balli Park may only travol in a southerly dirootion."
SECTION 5. Section 10-81, Code of Ordinances, is revised to read as follow:
"Sec. 10-81. Vehicles restricted from Pportions of the beach closed.
"i2l The city manager, or the city manager's designee, is authorized to 6Ie6e restrict
vehicular access from portions of the beach to all vehicle traffic for declared safety reasons
during periods including, but not limited to, extreme high tides, such as storm tide and
"spring" tide events, and when less than a twenty-fIve-foot corridor along the beach is
available for vehicular traffic.
"(b) Except for emeroency vehicles, vehicles used to maintain the beach. or vehicles used
to provide beach related services under a permit issued by the City. vehicular traffic is
restricted from the beach south of Packerv Channel. seaward of the Padre Island seawall,
and south of the Padre Island seawall and north of Padre Balli Park. and drivino on this
portion of beach is prohibited. except in specially desionated areas."
SECTION 6. A Special City election (hereinafter the "Election") shall be held in the City of
Corpus Christi, Texas, on November 7,2006, for the purpose of submitting to the voters of
the City consideration of an amendment to the Charter of the City of Corpus Christi.
SECTION 7. At the Election all the qualified voters of the City of Corpus Christi shall be
permitted to vote.
SECTION 8. The eSlate direct recording equipment (ORE) shall be employed at the
election in accordance with the Texas Election Code and the Election shall be held at
the polling places in the regularly prescribed precincts of the City of Corpus Christi, as
set forth on Attachment A hereto incorporated by reference and made part of this
6
ordinance (said Attachment A to be approved and attached when the polling places in
the regularly prescribed precincts are finally determined by Nueces County). The
Election shall be held in accordance with the election laws of the State of Texas. The
polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election.
SECTION 9. The City Secretary shall conduct the Election as directed by ordinance of
the City Council and by law in accordance with the joint election agreement to be
entered into with Nueces County (the agreement with Nueces County shall be approved
and attached hereto as Attachment B and incorporated herein). He is directed to
request consideration by the U. S. Department of Justice of the submission of any
change herein which requires preclearance, and to provide such demographic data and
information as required by law.
SECTION 10. The eSlate direct recording equipment shall be used for the conduct of
the Election on Election Day and for early voting. Early voting in person at each of the
temporary branch polling places shall be conducted as follows:
Such early voting in person may be conducted at the main early voting polling place
located in the first floor lobby of Nueces County Courthouse, 901 Leopard, and at the
temporary branch polling places set forth in Attachment C, to be approved and attached
when the temporary branch polling places are determined by Nueces County and then
incorporated by reference and made a part of this ordinance.
In addition, early voting in person may be conducted at the mobile temporary branch
polling places set forth in Attachment D, to be approved and attached when the mobile
temporary branch polling places are determined by Nueces County and then
incorporated by reference and made a part of this ordinance, during the days and hours
specified therein. The City Secretary is authorized, in the event of an emergency,
preventing any of the designated polling places from being utilized, to provide for
suitable replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts.
SECTION 11. The City Secretary is directed to post and publish such election notices
as are required by the Election Laws of the State of Texas. The City Secretary is further
appointed as the authority and officer responsible for the conduct of said election and is
hereby authorized and directed to make all necessary arrangements for the holding of
said election in accordance with and subject to the laws of this State including but not
7
limited to coordinating the election process, including use of tabulation equipment, and
supplies. in accordance with the joint election agreement to be executed with Nueces
County. The City Secretary is authorized to approve all lawful changes and additions to
the procedures provided herein in order to implement such agreement, including, but
not limited to, provisions for substations and mobile voting sites.
SECTION 12. At the Election, the voters shall be presented with the following
proposition (in English and Spanish) in the form prescribed by the Texas Election Code:
Ballot Language.
CHARTER AMENDMENT
FOR
AGAINST
REQUIRING A PUBLIC REFERENDUM PRIOR TO ANY FURTHER
RESTRICTION OF VEHICULAR ACCESS TO THE PUBLIC BEACH.
Effect of Amendment:
Adoption of the Charter Amendment would amend the City Charter, ARTICLE X,
GENERAL POWERS AND PROVISIONS, by adding Section 1A, Restricting vehicular
access to the public beach, as follows:
Section 1A. Restricting vehicular access to the public beach.
Except when vehicles are temporarily restricted from access to the public beach for
public safety and except for that portion of the public beach located south of
Packery Channel and north of Padre Balli Park, vehicular access to the public
beach may not be restricted except upon an election held to determine whether
vehicular access should be restricted from a specific portion of the public beach in
which a majority of the ballots cast shall be in favor of such restriction. Thereafter,
the City Council may take appropriate action to restrict vehicular access from that
specific portion of the public beach and comply with all other requirements
8
necessary to effect the result of the election. The election requirement of this
section shall be effective only after implementation of the vehicular restriction
relating to the public beach located south of Packery Channel and north of Padre
Balli Park and all legal challenges, relating to the restriction of vehicles from the
public beach between Packery Channel to Padre Balli Park, have been finally
resolved and all appeals exhausted.
SECTION 13. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 14. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of
this ordinance be given full force and effect for its purpose.
SECTION 15. The City Manager is directed to process any changes to the
Comprehensive Plan, any other plan, or any ordinance to make the Comprehensive Plan,
any other plan, and all ordinances consistent with the tenns and intent of this ordinance.
SECTION 16. 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 17. Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of this ordinance take
effect upon and after publication of this ordinance.
Sections 1, 2, 3, 4, 5, and 13 of this ordinance that relate to the restriction of vehicular
traffic from that portion of the beach seaward of the Padre Island seawall take effect on the
approval of these changes to the City of Corpus Christi's Dune Protection and Beach
Access Plan by the General Land Office.
The portions of Sections 1, 3, 5, and 13 of this ordinance that relate to the restriction of
vehicular traffic from that portion of the beach south of Packery Channel and north of the
Padre Island seawall take effect not earlier than the approval of these changes to the City
of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office.
9
Additionally, the portions of Sections 1, 3, 5, and 13 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of Packery Channel and
north of the Padre Island seawall take effect on the occurrence of the following:
(a) development of the resort community (a tourism-centered destination resort
development to include a hotel, condominiums, and related amenities intended
to attract visitors and tourists from outside the Corpus Christi area), in the area
bounded by Packery Channel, the wooden seawall, ParK Road 22, and Lake
Padre, achieves the following "milestones": (1) secure necessary financing for
the initial phase of the resort community project (estimated value of
$75,000,000), (2) building permits for the construction of the infrastructure
related to the initial phase of the resort community project (estimated value of
$75,000,000) have been issued, and (3) commencement of vertical
construction, above the surface level of the foundation, of improvements with an
estimated value of $75,000,000 associated with the resort community,
(b) completion of the construction and opening to the public of a parKing lot, on and
adjacent to the beach, that provides at least one parKing space for each fifteen
linear feet of beach from which vehicles are restricted, and
(c) completion of the pedestrian amenities to include restrooms, showers, and
disability access to the south jetty of Packery Channel.
The City of Corpus Christi shall take no action to begin construction of the facilities
described in (b) and (c) hereinabove until the "milestones" set forth in (a) are achieved. It
is reasonable to believe. when the proposed development achieves the stated goals, that
the project will proceed to completion.
The portions of Sections 1, 2, 3, 4, 5, and 13 of this ordinance that relate to the restriction
of vehicular traffic from that portion of the beach south of the Padre Island seawall and
north of the Padre Balli Park take effect not earlier than the approval of these changes to
the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land
Office
Additionally, the portions of Sections 1, 3, 5, and 13 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of the Padre Island
seawall and north of the Padre Balli Park take effect on the occurrence of the following:
(a) development of the resort community (a residential community proposed to
have approximately 400 single-family homes and a boutique hotel, all designed
and operated to attract visitors and tourists from outside the Corpus Christi
area), in the area adjacent to the beach between Whitecap Boulevard and
Padre Balli ParK, achieves the following "milestones": (1) secure necessary
financing for the development project, (2) acceptance, by the City of Corpus
Christi, of all required infrastructure associated with the first phase of the resort
community project, anticipated to accommodate at least 100 single-family
10
residential structures and the boutique hotel, and (3) issuance of a building
permit for the construction of an anticipated improvement,
(b) completion of the construction and opening to the public of a parking lot, on and
adjacent to the beach, that provides at least one parking space for each fifteen
linear feet of beach from which vehicles are restricted, and
(d) completion of the pedestrian amenities to include restrooms and showers.
The City of Corpus Christi shall take no action to begin construction of the facilities
described in (b) and (c) hereinabove until the "milestones" set forth in (a) are achieved. It
is reasonable to believe. when the proposed development achieves the stated goals, that
the project will proceed to completion.
11
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of ,2006, by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
day of ,2006 by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Rex A. Kinnison
John Marez
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the
ATTEST'
day of
,2006.
Armando Chapa
City Secretary
APPROVED: 16th day of March, 2006.
Henry Garrett
Mayor
(fnJt~iIL
G ri ,- . SmKh
Assistant City Attomey
for City Attorney
12
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