HomeMy WebLinkAboutAgenda Packet City Council - 03/28/2006
CITY COUNCIL AGENDA
MARCH 28, 2006
Corpus Christi
AlI-America CiIV
! 1 45 A.M. Proclamation declanng March 31,2006 as "Autism Awareness Day"
Proclamation declaring April 1 ,2006 as "Special Olympics Texas - Springs Games Day"
Proclamation declaring April 6, 2005 as "Corpus Christi Hooks Day"
Proclamation declaring the week of March 27-April 2, 2006 as "National Sleep Awareness Week"
Proclamation declaring the week of April 3-8, 2006 as "Corpus Christi Children's Book Festival Week"
Proclamation declaring the week of April 3-9, 2006 as "National Public Health Week"
Proclamation declaring the month of March as "American Red Cross Month"
Proclamation declanng the month of April as "Child Abuse Prevention and Awareness Month"
Proclamation declanng the month of April as "Sexual Assault Awareness Month"
Swearing-in ceremony of newly elected appointed Board, Committee and Commission Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MARCH 28, 2006
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACT/VA 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 petman 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 limitado, habra un interprete ingles-espanal 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 Pastor Rod Young, Church of Hope.
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 28, 2006
Page 2
E. MINUTES:
1 Approval of Regular Meeting of March 21,2006. (Attachment
# 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2. Motion approving the lease of a wheel loader with Scott-Macon
Equipment, of Corpus Christi, Texas for the total amount of
$98,496, of which $16,416 is budgeted in FY 2005-2006. The
award is in accordance with Bid Invitation No. BI-0100-06 and is
based on only bid. The term of the lease is for twenty-four
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Agenda
Regular Council Meeting
March 28, 2006
Page 3
months with an option to extend the lease for up to twelve
additional months subject to the approval of the City Manager or
his designee. The wheel loader will be used by the Parks and
Recreation Department. (Attachment # 2)
3 Motion approving a supply agreement with Martin Marietta
Materials, of Corpus Christi, Texas for Flexible Base Caliche, in
accordance with Bid Invitation No. BI-0078-06, based on only bid,
for an estimated annual expenditure of $192,950. The term of
the contract shall 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 the Gas, Water, Wastewater,
Storm Water and Street Departments in FY 2005-2006.
(Attachment # 3)
4 Resolution authorizing the City Manageror his designee to submit
a Juvenile Accountability Block Grant application to the State of
Texas, Office of Governor, Criminal Justice Division in the amount
of$11 ,997 for theft prevention program for the Municipal Juvenile
Court, with a City match of$1 ,333 in the No. 1020 General Fund,
and total project cost of $13,330. (Attachment # 4)
5. Resolution authorizing the City Manageror his designee to submit
grant application(s) to the Texas Commission on the Arts for:
$10,000 grant for core support for the 2007 Festival of the Arts,
with a $10,000 City match in the No. 1030 Arts Grants/Projects
Fund, and total project costs of $20,000; and mini-grant for
funding for the 2007 kickoff event, for addition of musicians and
a headliner group. (Attachment # 5)
6. Ordinance appropriating $670 in the No. 4720 Community
Enrichment Fund to purchase playground equipment for
Vineyards Park. (Attachment # 6)
7. Ordinance authorizing the City Manager or his designee to
execute a five year lease and use agreement with Universal Little
League for baseball programs at Greenwood/Horne Youth Sports
Complex. (Attachment # 7)
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Regular Council Meeting
March 28, 2006
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8 Motion authorizing the City Manager or his designee to execute
a Contract for Geotechnical Services with Fugro South, Inc., of
Corpus Christi, Texas in the amount of $32,360 for the Bayfront
Development Plan Phase 1. (BOND ISSUE 2004) (Attachment
# 8)
9 Motion authorizing the City Manager or his designee to execute
Amendment NO.3 with Shiner, Moseley and Associates, Inc., of
Corpus Christi, Texas in the amount of $30,000 for consulting
services associated with Pre-Planning of Emergency Recovery
Operations. (Attachment # 9)
10.a. Ordinance appropriating $854,747 from the unappropriated
interest earnings from Wastewater 1995A Capital Improvement
Program Fund No. 4242 for the City-wide Infiltration Related
Collection System Enhancement Program; amending FY 2004-
2005 Capital Budget adopted by Ordinance No. 026188 by
increasing appropriations by $854,747. (Attachment # 10)
10.b. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Earth Tech, Inc., of
Austin, Texas in the amount of $854,747 for City-wide Infiltration
Related Collection System Enhancement Program. (Attachment
# 10)
11 Motion authorizing the City Manager or his designee to execute
a construction contract with Excel Pump and Machine, Inc, of
Corpus Christi, Texas in the amount of $87,188 for the O. N.
Stevens Water Treatment Plant High Service No. 7 Pump and
Motor Assembly. (Attachment # 11)
12 Ordinance abandoning and vacating a 4, 792-square foot portion
of a 20-foot wide utility easement out of Block B-2C, Cullen Place;
located east of the Airline Road public right-of-way and
approximately 300 feet south of the Alameda Drive public right-of-
way; subject to compliance with the specified conditions.
(Attachment # 12)
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March 28, 2006
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13 Ordinance abandoning and vacating a 22,944-square foot portion
of a 15-foot wide utility easement out of Lot 2, West Park
Addition; located between the North Padre Island Drive (SH358)
public right-of-way and the McBride Lane public right-of-way,
north of the Hampshire Road public right-of-way; subject to
compliance with the specified conditions. (Attachment # 13)
14. Ordinance abandoning and vacating a 290-square foot portion of
a 15-foot wide utility easement out of Lot 18, Block 2, South Fork
Unit 5; located at 3202 Quail Creek Drive, approximately 365 feet
southwest of the Dove Hollow Drive and Quail Creek Drive
intersection; subject to compliance with the specified conditions.
(Attachment # 14)
15. Ordinance abandoning and vacating a 290-square foot portion of
a 15-foot wide utility easement out of Lot 19, Block 2, South Fork
Unit 5; located at 3158 Quail Creek Drive, approximately 305 feet
southwest of the Dove Hollow Drive and Quail Creek Drive
intersection; subject to compliance with the specified conditions.
(Attachment # 15)
16. Ordinance amending the Corpus Christi Code of Ordinances,
Chapter9, Section 9-61, permit for Airport Ground Transportation
operations, by exempting the Regional Transportation Authority
from permit provisions of Section 9-61; providing this Ordinance
is effective immediately after publication; providing for repeal;
providing for penalties. (Attachment # 16)
17 First Reading Ordinance - Amending Ordinance No. 021822 as
amended by Ordinance No. 022351 authorizing the United States
of America (National Weather Service) the option to automatically
renew its lease with the City of Corpus Christi from year to year
unless notice is provided by the United States Government thirty
days prior to the annual renewal date that it will not exercise its
renewal option. (Attachment # 17)
18 First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi. Chapter 55 regarding rules and procedures
for public access cablecasting. (Attachment # 18)
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March 28, 2006
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I. PUBLIC HEARINGS:
19,a. Public hearing to consider abandoning and vacating a 133.01-
square foot portion of the Oso Parkway public right-of-way, out of
King's Crossing Garden Homes and Lots 16-20, Block 38, King's
Crossing Unit 1, Phase 1 ; located at the intersection with Garden
Court public right-of-way, approximately 520 feet south of Lens
Drive, (Attachment # 19)
19.b. Ordinance abandoning and vacating a 133.01-squarefoot portion
of the Oso Parkway public right-of-way, out of King's Crossing
Garden Homes and Lots 16-20, Block 38, King's Crossing Unit 1,
Phase 1; located at the intersection with Garden Court public
right-of-way, approximately 520 feet south of Lens Drive; subject
to compliance with the specified conditions. (Attachment # 19)
ZONING CASES:
20. Case No. 0206-04. Texas Star Investments. Inc.: A change of
zoning from a "R-1 B" One-family Dwelling District to a "B-4"
General Business District. The property being 7 .2385 acres,
consisting of Lot 1-R and a portion of Lot 2, Block 2 of the Noakes
Partition, located on the north side of Interstate Highway 37 and
north of Violet Road, (Attachment # 20)
Planning Commission and Staffs Recommendation: Denial of
a "B-4" General Business District, and in lieu thereof, approval of
a "B-4" General Business District along the frontage for an area
of 155 x 315 feet (1.2039 acres).
ORDINANCE
Amending the Zoning Ordinance, upon application by Texas Star
Investments, Inc., by changing the zoning map in reference to
1.2039 acres, consisting of Lot 1-R and a portion of Lot 2, Block
2 of the Noakes Partition, located north of the intersection of
Interstate Highway 37 and Violet Road, from "R-1 B" One-family
Dwelling District to "B-4" General Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan,
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March 28, 2006
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21 Case No. 0206-05. Wayne Lundquist. Trustee: A change of
zoning from a "B-1" Neighborhood Business District to a "B-4"
General Business District. The property being 5.88 acres out of
Flour Bluff and Encinal Farm and Garden Tracts, south 1/3 of Lot
9, Section 5, located along the northwest corner of South Staples
Street and Timbergate Drive. (Attachment # 21)
Planning Commission and Staffs Recommendation: Denial of
a "B-4" General Business District, and in lieu thereof, approval of
a Special Permit subject to two (2) conditions.
ORDI NANCE
Amending the Zoning Ordinance, upon application by Wayne
Lundquist, Trustee by changing the zoning map in reference to
5.88 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, south 1/3 of Lot 9, Section 5, currently zoned "F-R" Farm-
Rural Dwelling District, by granting a Special Permit for
gymnasium use, subject to two conditions; amending the
Comprehensive plan to account for any deviations from the
existing Comprehensive Plan.
22 Case No. 0206-06. John Mikulencak: A change of zoning from
a 'T-1C" Manufactured Home Subdivision District and a "B-1"
Neighborhood Business District to a "R-1 C" One-family Dwelling
District. The property being Padre Interstate 37 Business Park,
Unit 1, Blocks 1, 2, and 3, located 200 feet south of IH37 and
west of Lantana Street. (Attachment # 22)
Planning Commission and Staffs Recommendation: Approval of
a "R-1 C" One-family Dwelling District.
ORDI NANCE
Amending the Zoning Ordinance, upon application by John
Mikulencak by changing the zoning map in reference to 11 .137
acres out of Blocks 1, 2, and 3, Unit 1, Padre Interstate 37
Business Park, located 200 feet south of IH-37 and west of
Lantana Street, from "B-1" Neighborhood Business District and
"T-1C" Manufactured Home Subdivision District to "R-1C" One-
family Dwelling District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
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Regular Council Meeting
March 28, 2006
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23. Case No. 0206-08, Braselton Land Ventures: A change of
zoning from a "F-R" Farm-Rural District and "R-1 B" One-family
Dwelling District to a "R-1 C" One-family Dwelling District. The
property being 23.265 acres out of south 71.18 feet of Lot 4, all
of Lot 5 and the northeast portion of Lots 12 and 13, Section 25,
Flour Bluff and Encinal Farm and Garden Tract, located south of
Slough Road and east of Rodd Field Road. (Attachment # 23)
Planning Commission and Staffs Recommendation: Approval of
a "R-1 C" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Braselton
Land Ventures, by changing the zoning map in reference to
23.265 acres out of south 71.18 feet of Lot 4, all of Lot 5 and the
northeast portion of Lots 12 and 13, Section 25, Flour Bluff and
Encinal Farm and Garden Tracts, located south of Slough Road
and east of Rodd Field Road, from "FR" Farm-Rural District and
"R-1 B" One-family Dwelling District to "R-1 C" One-family Dwelling
District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
24 Case No. 0106-02, Javelina Company: A change of zoning from
an "1-2" Light Industrial Districtto an "1-3" Heavy Industrial District.
The property being Ehlers Garden Tract 8, (one acre out of
former Dunn Tract), located along Eden Lane and 400 feet west
of McBride Lane. (Attachment # 24)
Planning Commission and Staffs Recommendation: Approval
of an "1-3" Heavy Industrial District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Javelina
Company, by changing the zoning map in reference to Elhers
Garden Tract 8, from "1-2" Light Industrial District to "1-3" Heavy
Industrial District, objectionable use; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
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Regular Council Meeting
March 28, 2006
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J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
25, Second Quarter FY 2005-2006 Budget/Performance Report
(Attachment # 25)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
ITEM TO BE CONSIDERED AT 12:30 P.M.:
26.a. Motion to amend prior to second reading the proposed ordinance
to change Section 12 relating to the applicability of the proposed
Charter amendment and Section 17 to require the developer to
cooperate to provide a system to move people between the
developments and the south jetty of Packery Channel, to dedicate
a permanent easement for access to the beach north of the
Padre Island seawall, and to provide a time limit for the northern
development to achieve the established "milestones" after the
beach is closed adjacent to the southern development.
(Attachment # 26)
26.b. Second 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 an Election to be held on the first Saturday in
April, 2007, 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; and enacting provisions
incident and relating to the subject and purpose of this ordinance;
providing for penalties; providing for severance; directing the City
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March 28, 2006
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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 forthe effective
date of the sections of this ordinance. (First Reading 03/21/06)
(Attachment # 26)
27.a. Motion authorizing the City Manager or his designee to execute
a contract with Intergraph Public Safety, Inc., of Madison,
Alabama, for:
(1) Purchase of the Public Information System to replace the
existing CompuDyne/Tiburon, Inc. System for Computer Aided
Dispatch, Records Management, and Mobile Data Computer
systems. The Intergraph system includes hardware, software,
and professional services not to exceed $3,961,229 plus annual
maintenance in the amount of $316,721 per year guaranteed for
years two through ten.
(2) Replacement of the existing Siemens' Automated Vehicle
Location (AVL) system. The cost of the hardware from Intergraph
will not exceed $315,997 with the City providing installation
services estimated at $14,000.
Funding for this year's costs is in the current Municipal
Information Systems' budget. Future lease purchase payments
and maintenance costs will be requested in subsequent budget
years. Intergraph is an approved Texas Catalogue Information
Systems vendor. (Attachment # 27)
27.b. Motion authorizing the City Manager or his designee to execute
a contract with SIGMA Solutions, Inc., of San Antonio, Texas, to
upgrade the existing EMC Storage Area Network (SAN) at the
Corpus Christi Police Department to model 800 to provide
redundancy and add one additional terabyte of disk storage to
accommodate the Intergraph Public Safety Information System.
The cost of the upgrade including installation services and three
years maintenance will not exceed $185,647. Funding for this
year's costs is in the current Municipal Information Systems'
budget. Future lease purchase payments and maintenance costs
will be requested in subsequent budget years. SIGMA Solutions
is an approved Texas Catalogue Information Systems vendor.
(Attachment # 27)
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Regular Council Meeting
March 28, 2006
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28.a. Ordinance appropriating a payment in the amount of $36,925.65
from SOl Realty in the No. 3530 Street Capital Improvement
Project Fund for the developers share of construction of the
Traffic Congestion Management project at Airline Road
Northbound Right-Turn Lane at SH 358 eastbound Frontage
Road (Bond Issue 2004); amending Capital Budget adopted by
Ordinance No. 026188 by increasing appropriations by
$36,925.65. (Attachment # 28)
28.b. Motion authorizing the City Manager or his designee to execute
Change Order No. 4 to a construction contract with King Isles,
Inc., of Corpus Christi, Texas in the amount of $188,245.35 for
construction of the Traffic Congestion Management Project at
Airline Road Northbound Right-Turn Lane at SH 358 Eastbound
Frontage Road. (BOND ISSUE 2004) (Attachment # 28)
29.a. Resolution authorizing the City Manager or his designee to accept
a grant from the United States Fish and Wildlife Service in the
amount of $450,000, for the Corpus Christi Municipal Marina
Slips for Transient Recreational Boats, in the No. 1058 Marina
Grants Fund. (Attachment # 29)
29.b. Ordinance appropriating $450,000 from the United States Fish
and Wildlife Service in the NO.1 058 Marina Grants Fund for the
Corpus Christi Municipal Marina Slips for Transient Recreational
Boats; amending FY 2004-2005 Capital Budget adopted by
Ordinance No. 026188 by increasing appropriations by $450,000.
(Attachment # 29)
29.c. Ordinance appropriating $101,165.27 from the unappropriated
interest earnings from Marina Development 2005 Capital
Improvement Program Fund No. 3233 for the Corpus Christi
Marina Development Project Phase III (Floating Docks E, F, G
and H); amending FY 2004-2005 Capital Budget adopted by
Ordinance No. 026188 by increasing appropriations by
$101,165.27. (Attachment # 29)
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Regular Council Meeting
March 28, 2006
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29.d. Motion authorizing the City Manager or his designee to execute
a construction contract with CCC Group, Inc., of San Antonio,
Texas in the amount of $3,835,988 for the Corpus Christi Marina
Development Project Phase III (Floating Docks, E, F, G and H)for
the Base Bid and Additive Alternates No.1, 2, and 3.
(Attachment # 29)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingles es limitado, habra un inter prete
ingles-espanol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
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Regular Council Meeting
March 28, 2006
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N. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
30, CITY MANAGER'S REPORT
*
Upcoming Items
31 MAYOR'S UPDATE
32 COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at _ 8:3V p.m., March 24,2006.
L~
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues,
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agenda summary)
1
MI NUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
March 21,2006-10:00 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 Priest Anantha Kalyana Kumar Paramkusam of Sri
Venkateswara Temple, and the Pledge of Allegiance to the United States flag was led by
Council Member Jerry Garcia.
Mayor Garrett called for approval of the minutes of the regular Council meeting of March
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 appointments were made:
Buildina Standards Board
Frank Hastings (Reappointed)
Ted M. Stephens (Appointed)
MechanicallPlumbina Advisory Board
Mody K. Boatright (Reappointed)
James Horman (Reappointed)
Mike Wanzer (Reappointed)
John Tucker (Reappointed)
Vincent Doyle (Appointed)
Elvin P. O'Bryan (Appointed)
Leadership Committee for Senior Services
Apolonia Cantu (Reappointed)
Barbara Dequzis (Reappointed)
Anna Gonzales (Reappointed)
Jerry Wagoner (Reappointed)
Hope Franklin (Reappointed)
Mary Garana Allen (Appointed)
Trinidad Benavides (Appointed)
Lupita Jimenez (Appointed)
Miltan A Martiz (Appointed)
Joan Veith (Appointed)
1* Melody Cooper arrived at 10:05 a.m.)
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
March 21 2006 - Page 2
Mayor Garrett called for consideration of the consent agenda (Items 3 - 28). City
Secretary Chapa announced that staff was withdrawing Item 19. He also stated that Council
Member Noyola would be abstaining from the vote and discussion on Item 22.
There were no comments from the public. A motion was made, seconded, and passed
to approve Items 3 through 28, constituting the consent agenda, except for Item 19, which were
pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows
3 MOTION NO. 2006-073
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
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. 2006-074
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 ..vith 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
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. 2006-075
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 Billish Park. Funds are available
through the Parks and Recreation Capital Improvement Program Fund.
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
March 21, 2006 - Page 3
6 MOTION NO. 2006-076
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2006-077
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.
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. ORDINANCE NO. 026671
Ordinance appropnating $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.
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"
8b MOTION NO. 2006-078
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.
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
March 21, 2006 - Page 4
9.a. RESOLUTION NO. 026672
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 for hazardous materials
emergency preparedness planning activities in the No. 1062 Fire Grants Fund.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
9.b. ORDINANCE NO. 026673
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.
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".
10. RESOLUTION NO. 026674
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
11 RESOLUTION NO. 026675
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 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. ORDINANCE NO. 026676
Ordinance appropnating $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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott. voting "Aye"
Minutes - Regular Council Meeting
March 21, 2006 - Page 5
13 ORDINANCE NO. 026677
Ordinance appropriating $28,242.50 from the sale of seized vehicles in the No. 1061-
821005 Fund for purchase of equipment and training of police officers.
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".
14.a. RESOLUTION NO. 026678
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
14.b. ORDINANCE NO. 026679
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.
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"
15.a RESOLUTION NO. 026680
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
15.b ORDINANCE NO. 026681
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
March 21, 2006 - Page 6
16.a ORDINANCE NO. 026682
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 FY 2005-2006, Contract Period March
1, 2006 through August 31, 2006.
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"
16,b MOTION NO. 2006-079
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16.c MOTION NO. 2006-080
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16.d MOTION NO. 2006-081
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
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16.e MOTION NO, 2006-082
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.
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
March 21, 2006 - Page 7
16.f. MOTION NO. 2006-083
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16.g. MOTION NO. 2006-084
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
17 RESOLUTION NO. 026683
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 match of $194,507 in
the Community Enrichment Fund, from park accounts whose impact area fall within the
proposed trail route
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
18 MOTION NO. 2006-085
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
19.a WITHDRAWN
Resolution authorizing the City M::mager or his designee to execute 3 $10,000 Solid
'Naste Gr::mt Interlocal Cooperation Agreement with the C03stal Bend Council of
Governments to develop a Community Media Outre3ch Campaign for the City's Anti
Litter Ordinance.
19.b WITHDRAWN
Ordinance 3ppropriating $10,000 from the C03stal Bend Council of Governments in the
No. 1051 Solid Waste Grants Fund to develop a Community Medi3 Outreach C3mpaign
for the City's Anti Litter Ordinance.
Minutes - Regular Council Meeting
March 21, 2006 - Page 8
19.c WITHDRAWN
Resolution :luthorizlng the City Man:lger or his designee to execute :l Solid VV:lste Gr:lnt
Interloc:l1 Cooper:ltion Agreement v.'ith the CO:lst:l1 Bend Council of Governments in the
:lmount of $10,380 for s:ll:lry for a third ye:lr of gr:lnt funding f-or :m I\ssist:lnt
Compli3nce Officer
19.d. WITHDRAWN
Ordin:lnce :lppropnating $10,380 from the CO:lst:l1 Bend Council of Governments in the
No. 1051 Solid W:lste Gr:lnts Fund for s:ll:lry for :l third ye:lr of grant funding f-or :In
Assist:lnt Compliance Officer.
19.e. WITHDRAWN
Resolution :luthorizing the City M:ln:lger or his designee to execute :l Solid \^/aste Grant
Interlocal Cooperation Agreement with the CO:lst:l1 Bend Council of Governments in the
:lmount of $4,500 to pay f-or disposal of scr:lp tires collected during the City's
Neighborhood Initi3ti'le Program.
19.1 WITHDRAWN
Ordinance :lppropriating $4,500 from the Coa&tal Bend Council of Governments in the
No. 1051 Solid W:lste Gr:lnts Fund to P:lY for dispos:ll of scr:lp tires collected during the
City's Neighborhood Initi:ltive Program.
19.9. WITHDRAWN
Resolution :luthorizmg the City M:ln3ger or his designee to execute :l Solid VV:lste Gr:lnt
Interloc:l1 Cooper:ltion Agreement with the CO:lst:l1 Bend Council of Governments in the
:lmount of $20,000 to purchase new collection units for used oil :lnd HHW storage
modules for the ne'N CollectionlTr:lnsfer St3tion :It the J. C. Elliott L:lndfill.
19.h WITHDRAWN
Ordinance :lppropnating $20,000 from the Coastal Bend Council of Governments in the
Nee- 1051 Solid W:lste Gr:lnts Fund to purchase new collection units for used oil :lnd
HH'.^lstorage modules for the new CollectionlTransfer Station :It the J. C. Elliott Landfill.
20. MOTION NO. 2006-086
Motion authorizing the City Manager or his designee to execute a Right-ot-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.
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
March 21, 2006 - Page 9
21 MOTION NO. 2006-087
Motion authorizing the City Manager or his designee to execute a Right-ot-Way and
Utility Easement instrument with the Corpus Christi Riding Center, Inc., tor the
acquisition ot Parcel 529 in the total amount ot $62,100, containing a Utility, Right-ot-
Way, and Temporary Construction Easement, necessary tor the Souths ide Water
Transmission Main, Phase 5, Project #8391, 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".
22 RESOLUTION NO. 026884
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola
abstained
23.a. ORDINANCE NO. 026685
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.
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"
23.b ORDINANCE NO. 026686
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
March 21. 2006 - Page 10
23.c ORDINANCE NO. 026687
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.
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"
23.d. ORDINANCE NO. 026688
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
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"
23.e ORDINANCE NO. 026689
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.
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"
24.a. ORDINANCE NO. 026690
Ordinance appropriating $32,06377 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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
Minutes - Regular Council Meeting
March 21, 2006 - Page 11
24.b ORDINANCE NO. 026691
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
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".
24.c ORDINANCE NO. 026692
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
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"
25 ORDINANCE NO. 026693
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.
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, 'Ioting "Aye"
26. ORDINANCE NO. 026694
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.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
Minutes - Regular Council Meeting
March 21, 2006 - Page 12
27 ORDINANCE NO. 026695
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 HOPE conduit with
fiber optic cable within the northern portion of the Leopard Street and North Carancahua
Street intersection; establishing a fee of $608.50.
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"
28. ORDINANCE NO. 026696
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.
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 called for a brief recess to hold a Corpus Christi Community Improvement
Corporation (CCCIC) meeting.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 30, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0206-01, South corp 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.
City Secretary Chapa stated the Planning Commission and staff recommended the
approval of the "B_3" Business District.
No one spoke in opposition to the zoning change. A motion was made, seconded, and
passed to close the public hearing. City Secretary Chapa polled the Council for their votes as
follows
Minutes - Regular Council Meeting
March 21, 2006 - Page 13
30. ORDINANCE NO. 026697
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
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 31, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
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.
City Secretary Chapa stated the Planning Commission and staff recommended the
approval of a "R-1B" One-family Dwelling District.
No one spoke in opposition to 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:
31 ORDINANCE NO. 026698
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-1 C" One-family Dwelling District on Tract 2; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye".
Mayor Garrett referred to Item 32, 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
Minutes - Regular Council Meeting
March 21, 2006 - Page 14
irrigation Park Annex No.2, located north of Northwest Boulevard and 225 feet east of
Trinity River Drive/FM 1889 (Tabled 02/28/06)
City Secretary Chapa mentioned that this case had been tabled on February 28, 2006.
He stated that the Planning Commission and staff recommended the following zoning: 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.
No one spoke in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr Kelly, and passed.
Mr. Kelly stated that when the Council first considered the case on February 28, he had
reservations about the proposed "R-1 C" zoning on Tract 2 because the density could adversely
affect existing drainage problems in the river basin area. In addition, he said the plat for the
development did not show a connection to an arterial; rather, the traffic was routed through
existing neighborhoods, which could create an undue traffic burden. He asked if the developer
had addressed these concerns.
ASSistant Director of Development Services Michael Gunning replied that the item was
tabled to allow staff to determine the number of lots in the proposed subdivision that would be
greater or less than 6,000 square-feet. He reported that the 69 lots in the proposed subdivision
were 6,500 square feet or larger. He consulted with the applicant, Mr. Ward, and advised him
that staff would be recommending the "R-1B" zoning. Mr. Gunning explained that the miscue
was that the application for the rezoning went through to the Planning Commission when the
Initial request was'R-1 C" but when they submitted the preliminary plat after the commission
made a recommendation, the minimum lot size did adhere to the "R-1C" zoning district lot size,
a minimum of 4,500 square feet. Therefore, staff was recommending the denial of the "R-1C"
district and in lieu thereof approval of an "R-1 B" He said the applicant agreed with staff's
recommendation.
Mr. Kelly asked if Mr. Ward agreed with staff's recommendation on Tract 1 to create a
B-1A" buffer zone between the business uses and the residential uses. Mr. Gunning replied
affirmatively, explaining that the "B-1A" district, at the rear of the subject property, would require
landscaping and a minimum 50-feet buffer to protect the residential development.
Mr. Kelly spoke in support of staff's recommendation, but emphasized that he wanted
staff to be vigilant about monitoring the drainage issue. He asked if staff had received any
preliminary engineering reports. Mr. Gunning replied negatively, but said staff was aware of the
drainage issue, and the access issue to Northwest Boulevard. He said consulting engineers
were working with TxDOT to create another roadway entrance at Northwest Boulevard that
would ultimately revise the preliminary to show a road connection to F.M. 624 that would serve
the neighborhood and keep the business traffic out of the existing neighborhoods.
Mr. Kelly also pointed out that the proposed subdivision was located uphill from the
Wood River subdivision, which had a private drainage plan. The drainage ditches were owned
by the subdivision; therefore, if the developer planned to route drainage through the subdivision,
he would need to contact Wood River.
Mr. Garcia stated that he understood the developer knew he had to speak with the Wood
River subdivision about the drainage issue Mr. Gunning replied that the staff had received an
Minutes - Regular Council Meeting
March 21, 2006 - Page 15
approved preliminary plat, and had required the developer to address the drainage issues,
Including the upstream drainage into Wood River. He believed the developer understood that
he would have to work with the Wood River subdivision, but he would clarify the issue with him.
Mr. Garcia emphasized that the outstanding issues needed to be addressed at the platting
ordinance stage, not afterwards
Mr Kelly added that the drainage right-of-way at the end of River Walk Drive was a
detention pond that could adequately handle drainage for the drive itself, but would be
overwhelmed with any additional drainage from the proposed development. Mr. Gunning
replied affirmatively, saying the developer would have to address this issue. Mr. Kelly
suggested that they could run an underground pipe to release the drainage to Northwest
Boulevard, and Mr. Garcia agreed. Mr. Gunning answered that TxDOT had restrictions on how
much water can drain back on the roadway. The preliminary plat identified a large tract of land
to be used for either a detention or retention pond, but he pointed out that staff had not received
the construction plans. Mr Kelly replied that looking at the retention pond in the plat, he was
concerned that the developer planned to dump water into the private drainage system
downstream.
Mr Kelly made a motion to amend the ordinance to reflect staffs recommendation for
the denial of the "R-1 C" zoning and in lieu thereof, the approval of "R-1 B" zoning on Tract 2,
seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes
on the amended ordinance as follows:
32 ORDINANCE NO. 026699
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-1 B" One-family Dwelling District on Tract 2; 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 33 as follows:
Case No. 0206-02, Chili Pepper Properties, Inc., Gary Cadena, and Timothv 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.
City Secretary Chapa stated the Planning Commission and staff recommended the
approval of an "A-2" Apartment House District.
Mr Chapa also stated that the applicant had submitted a written request to table the
item until April 11. The applicant was requesting additional time to seek an amiable solution
with the neighbors and to answer any unresolved questions. Mr. Chesney made a motion to
table the item until April 11 and seconded by Ms Cooper.
Minutes - Regular Council Meeting
March 21, 2006 - Page 16
Mr Scott apologized to the residents who were in attendance today for tabling the item,
but explained that the Council did not usually turn down a request to table an item. He thought
the opportunity for more dialogue was always beneficial, regardless of the outcome.
Mr Chapa polled the Council for their votes on Mr. Chesney's motion to table, and it
passed unanimously.
33. TABLED UNTIL APRIL 11. 2006
Amending the Zoning Ordinance, upon application by Chili Pepper Properties, Inc., by
ch::mging the zoning map in referonce to 11. -4 acres out of 'Nest's Laguna Madre Place,
Tract A, Lots 1 6, Tract 8, Lots 1 and -4 8, Tract C, Lots 1 6 and 8 11, Tract 16 (Replat),
Laguna Madre Acres Tracts 13 and 1-4, Volume 1363, Page -4-49, from "R 18" One f3mily
Dwelling District to "A 2" Apartment House District; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan.
* * * * * * * * * * * * *
Mayor Garrett deviated from the agenda, and referred to Item 35, a presentation
regarding the Regional Transportation Authority (RT A) fare study and fare recommendations.
Director of Operations David Seiler stated the RT A fare study was initiated two years ago, and
had taken the proposed fare increases under close consideration. The RT A Board of Directors
had not officially taken a position on the final fare recommendations, but would do so in two
weeks. The Board had asked staff to initiate the study and move it forward, emphasizing that
public involvement was crucial to the process. Today's presentation was intended to share
staff's recommendations. He pointed out that the Board of Directors would not make the final
decision on the fare increase; rather, the Local Government Fare Review Committee, comprised
In part of five City Council members, would decide. Thus, the Council would be asked to make
appointments to the committee today as well.
Mr Seiler explained why the RT A was considering a fare change. In the entire history of
the organization, the RT A had never initiated a fixed route fare increase, but did pass a fare
increase in 1999 for the "B-Line", a paratransit service. He said the RT A's expenses had risen,
particularly for fuel, yet sales tax revenues were relatively flat over the last three years. The
rider share of expenses was declining as the service has been increasing, saying that the
farebox recovery ratio" was down from 10 percent to 6.3 percent. Finally, he said the RTA had
the lowest fares in the state; of any agency their size, he said they had practically the lowest
base fares In the country.
Mr Seiler discussed the ways the RT A had adjusted to increasing costs without fare
Increases over time as follows: electrical cooperative agreement; low administrative expenses
(9%); tightening of budget practices; service adjustments each year; more fuel-efficient vehicles;
cooperative bus purchasing: and coordinated capital improvements.
Mr Seiler provided a chart comparison of U.S. and Canadian transit system fares,
pointing out that 50 percent of the fares were over $1.00, 27.5 percent were $1.00, and 10.4
percent were 75 cents. He said Corpus Christi was in the lowest fifth percentile for fares in the
U S. and Canada
Minutes - Regular Council Meeting
March 21, 2006 - Page 17
Mr. Seiler also referred to a chart comparing Corpus Christi's base, student, transfer,
and paratransit fares with other peer cities. Corpus Christi consistently had the lowest fares
across the board
Mr. Seiler also provided base fare comparisons in Texas and outside of Texas. In
Texas, the average rate for fixed routes was 88 cents, and $1.52 for paratransit routes; outside
Texas, the average rate for fixed routes was $1.06, and $1.39 for paratransit routes. The RTA,
by contrast, charged 50 cents for fixed routes and 75 cents for paratransit routes. Mr. Seiler
pointed out that the RTA's paratransit fee was $17.00 a trip.
Mr. Seiler covered the goals of fare study and fare increase as follows: to simplify the
fare structure; to minimize ridership loss from fare increase; to keep fares proportionate to real
costs of services; to increase incentives from the "B-Line" to fixed route; provide alternatives to
paying base fares plus transfer with day passes; to minimize the need for future fare changes;
and to increase "fare recovery".
Mr. Seiler reviewed the proposed bus fares for fixed routes as follows: current adult
base fare - 50 cents, recommended fare - 75 cents; current student rate - 25 cents, proposed
rate - 35 cents; seniors and persons with disabilities would remain at 25 cents during peak
hours and 10 cents at midday and a 25 cent fare on Saturdays and Sundays. He stated that
transfers were currently free of charge, but staff was recommending a 10-cent fee for all riders
except seniors and persons with disabilities to rectify abuses in the system. Finally, Mr. Seiler
explained that Saturday fares would change from 25 cents to 75 cents; Sunday fares from 50
cents to 75 cents
In response to Mr. Noyola's concern about the proposed charge for transfers, Mr. Seiler
said if the rider traveled more than two round trips, the proposed $1.75 day pass would be less
expensive The day pass would allow riders to ride the bus as many times as they wished for
the day
Mr Seiler reviewed the proposed bus fares for the trolley routes as follows: #79
Downtown Trolley - current: free, recommended: 25 cents; #94 Port A. trolley: current - free,
recommended - 25 cents; #75 Bayfront: current - 50 cents, recommended - 75 cents; and #78
Corpus Christi Beach: current - 50 cents, recommended - 75 cents. He explained that the
RT A was considering a charge for the downtown and Port Aransas trolley routes to address
problems with riders who rode primarily to escape the climate, with no real destination. In
response to Mr. Noyola's concern about downtown employees who ride the trolley, he said the
RTA was proposing a Lunch Trolley in the summer to transport riders from uptown to downtown.
Mr Seiler discussed proposed bus fares for the express routes as follows: Park and
Ride Routes to CCAD/NAS over 20 miles - $1.00 to $1.25, under 20 miles - 75 cents to $1.25;
#67 Bishop/Driscoll/Gregory - $1.00 to $1.25; #65 Padre Island connector - $1.00 to $1.25; and
the Port A FLEXI-S - 50 cents to $1.25.
Mr Seiler covered the proposed bus fares for the "S-Line" as follows: within % mile - 75
cents to $125; surcharge would remain $2.00.
Mr Seiler described the RT A's public outreach efforts, including public meetings, City
Council presentations, senior citizen center presentations, and passenger surveys at transit
stations. The results of the survey were as follows: 84 percent of respondents felt the existing
fares were about right, the fare structure was too confusing (39 percent), and the RT A should
raise fares to cover its expenses (32 to 74 percent).
Minutes - Regular Council Meeting
March 21, 2006 - Page 18
Mr Seiler described the composition of the Local Government Fare Review Committee,
noting that state legislation prescribed the process as follows: five members from the City
Council selected by the Council; three members from Commissioners Court of the largest
county in the area, selected by the Commissioners Court; and three mayors of smaller
municipalities located in the authority, selected by either the mayors of all the municipalities
(except the principal municipality) or the mayor of the most populous municipality (other than the
principal municipality).
Mr Seiler reviewed the proposed timeline to complete the rate fare study process as
follows City Council and Commissioners Court presentations - March 2006; final public
outreach and public hearings - March/April 2006; final Board approval - April 2006; Local
Government Fare Review Committee final approval - late April 2006; print schedules/rider
education - May 2006: and implementation - May 29.2006.
In conclusion, Mr. Seiler stated that the increased revenue from a fare increase would be
used to offset exceptional cost increases, minimizing the need for service reductions. He said
the fare increase would also add customer amenities.
Mr Marez asked if the RT A had programs to assist riders who could not afford the fare
Increases. Mr. Seiler answered affirmatively, stating that the RTA distributed free bus tokens to
65 community agencies to assist low-income and unemployed riders.
Mr Marez spoke in support of encouraging citizens to use mass transit. Mr. Seiler
added that the RT A was promoting a "choice rider" program by expanding services into areas
that were "underserved".
Mr Garcia spoke in support of the city and RTA's joint venture to fund street
Improvements, especially for shade structures and turnouts at bus stops.
Mr Noyola asked how much extra revenue the RT A projected that they would receive
from the fare increase. Mr. Seiler replied the RTA anticipated an extra $200,000 in revenues.
Mr. Noyola joked that he was hoping the revenues would be higher so the RT A could provide
more assistance for street repairs. Mr. Seiler replied the RTA spends approximately $1.5 million
on city/RTA street improvement projects per year.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 36 regarding appointments to the Local
Government Fare Review Committee. Mayor Garrett suggested appointing himself, and
Council Members Bill Kelly (District 1), John Marez (District 2), Jesse Noyola (District 3), and
Jerry Garcia (At large) to serve on the committee. Mr. Chesney made a motion to appoint as
recommended by Mayor Garrett, seconded by Mr Scott, and passed.
36 MOTION NO. 2006-088
Motion appointing Henry Garrett, Jerry Garcia, Bill Kelly, John Marez, and Jesse Noyola
to serve on the Local Government Fare Review Committee.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
~. * k * * * * * * * ~ * *
Minutes - Regular Council Meeting
March 21, 2006 - Page 19
Mayor Garrett referred to Item 34, a quarterly report from the Corpus Christi Regional
Economic Development Corporation (EDC). EDC Chairman of the Board Jim Barnette
presented on behalf of CEO Roland Mower. Mr. Barnette reported that the EDC was engaged
In four major initiatives as follows: a follow-up on the January Economic Summit; recruiting new
Industries to relocate to the city; surveying the needs of existing industries; and working with
Forward Corpus Christi on a number of project.
Regarding the Economic Summit follow-up, the EDC had decided to hold mini-summits
with nine separate industries, such as the Port Industries, health care, and hospitality. He said
five mini-summits had already been held, and the remaining four would be held soon.
Mr Barnette stated that he would like to reinforce comments he has made regarding the
EDC's opinion of the hospitality and tourism industries. Although it had been reported, based
on a consultant's remarks at the summit, that the EDC dismissed the importance of the
hospitality and tourism industries because of low wages, he said the EDC truly recognized the
Importance of these industries to the city's economy. While these industries did not create the
highest paying jobs, they did not provide a substantial amount of revenue into the economy.
The consultant did point out, however, that to increase the area's average wage, the area
needed to recruit higher paying jobs. As a result, he said the consultant's report would include
suggestions on how to target specific industries that were compatible with the area and would
Increase the average wage
Mr Barnette reported that the consultant had also provided a new incentive matrix
providing criteria for the disbursement of 4A funds for job creation. He said the EDC would be
meeting with the 4A Board soon for discussion.
Mr Barnette stated that a draft of the consultant's final report was due in June, but the
Board was trying to accelerate the deadline if possible. Once the report was completed, he said
the EDC would bring it to the appropriate authorities for approval.
Regarding the recruitment of new industries, Mr. Barnette stated the EDC received three
to five Inquiries a week from major players in the industry. Staff reviewed the inquiries and
selected those that seemed the most feasible and then replied with a tailored response.
With regard to the existing industry survey, he said the EDC had received the survey
results and were following up with the respondents. He said the EDC would provide a report on
the survey results soon
In conclusion, Mr. Barnette reported that Mr. Mower had been working with the Port of
Corpus Christi on the LaQuinta Port Container facility. He said the Regadas Company, the
largest toll road builder and owner in the world, had expressed interest in the project.
Additionally, Mr. Mower had been working with the BRAC Committee, most recently in San
Diego, to discuss the logistics involved in base closures, as well as any available development
funding
Ms. Cooper asked for an update on a proposed trip to China for trade purposes. Mr.
Barnette replied he just received an invitation yesterday. Ms. Cooper added that the trip was
planned from May 20 to May 30, at a cost of $2,400. The goal was to match trade partners who
wished to do business together. She said Director of Economic Development Irma Caballero
was organizing the trip and could provide more information.
Minutes - Regular Council Meeting
March 21, 2006 - Page 20
Mr Garcia and Mr. Noyola both emphasized the importance of the tourism and
hospitality industries to the city's economy.
* * * * * * * * * * * * *
Mayor Garrett called for public comment. Mr. Gabe Lozano, Jr., 4602 Mokry, spoke
against the dismissal of three Oso Golf Course employees, Brenda Gonzales, Dan Barder, and
Scott Gauisen.
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as
follows:
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.
The Council went into executive session.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett called for a brief recess to present
proclamations. He said the Council would return from recess to discuss Item 37 regarding the
oroposed beach closure ordinance which was posted for discussion at 1 :30 p.m.
The Council returned from recess briefly to hear public comment from Mr. Tony Hartwell,
1000 Carmel Parkway, regarding his concern that the Animal Care and Police departments did
not respond to calls about hit-and-run accidents involving animals and vehicles. He also said
the Animal Control department was inadequately staffed. Finally, Mr. Hartwell stated that City
Manager Noe had refused to discuss the situation with him. Mr. Noe disagreed, saying he
speak briefly with Mr. Hartwell while they were on the elevator together, and asked him to make
an appointment with his assistant. Mr. Hartwell replied that this was false.
The Council went into recess.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett opened discussion on Item 37
regarding the proposed beach closure ordinance. City Manager Noe stated the proposed
ordinance would be passed in two readings, the first being held today. His presentation
included information on the following issues:
Mr. Noe reviewed the order of the presentation as follows: ordinance highlights and
policy issues; improvements north of the seawall; development plans north of the seawall;
improvements south of the seawall; development plans south of the seawall; status of Packery
Channel TIF; projected improvement costs and funding; and other issues.
Minutes - Regular Council Meeting
March 21, 2006 - Page 21
Regarding the ordinance itself, Mr. Noe stated that it defined a "pedestrian safe beach",
designated certain areas as "pedestrian safe", identified requirements for implementation, and
called for a charter election to require a public vote on any future designations.
Mr. Noe further described the provisions of the pedestrian safe beach as follows: no
vehicles and limits on motor powered vehicles; fires, camping, mobile vending, and livestock
prohibited; dogs must be on a leash; adjoining owners may be exclusive vendor if they provide
maintenance and guards; and adjoining owners must provide assistance for parking, facilities,
and access for disabled.
Mr. Noe explained that three areas were designated pedestrian-safe beaches,
contingent upon specific requirements being met, as follows: north of the seawall, seaward of
the seawall, and south of the seawall.
Mr. Noe provided a status report on the area southward of the seawall. He said the
parking lot construction was complete, with final landscaping underway. Staff had opened bids
on the construction for ADA access to the beach. The only items pending for implementation
were the adoption of the ordinance and Texas General Land Office (GLO) approval.
Regarding the area north of the seawall to Packery Channel, Mr. Noe stated a number of
provisions would need to be met before the pedestrian safe beach could be implemented,
namely the adoption of this ordinance and subsequent GLO approval. The city had committed
to construct a 300-space parking lot, to construct restrooms and showers, and to provide ADA
access. In addition, a development requirement provided that the resort development had to
receive financing and a building permit, and begin vertical construction of improvements valued
at $75 million.
Mr. Noe stated staff had provided a revise ordinance adding one additional trigger to
both the north and south reaches, namely the development and approval of a master plan for
the entire resort community. He said the additional requirement had been discussed with the
developer
Mr. Noe displayed a map of the developer's scheme and development plan for the area.
The plan called for a number of condominium units running along the beach side. The only
subleased area called for in the plan was for a marina development.
Mr. Noe described a number of elements from the development plan, which called for a
major destination resort. The city and developer would continue to discuss and refine the plan
over time. The need for additional public amenities (restrooms, shade structures, etc.) will be
considered as part of that plan. The overall plan currently called for $500 million in development
over a seven- to ten-year period.
Mr Noe discussed the development plan for the seawall south to Padre Balli Park. He
said a number of provisions would need to be met before the pedestrian safe beach could be
Implemented, namely the adoption of this ordinance and subsequent GLO approval. The plan
Included the construction of a parking lot, restrooms and showers, and access. The
development requirement was the acceptance of infrastructure for 100 lots and hotel site plus
the initiation of building construction.
Finally, Mr. Noe reported that the south reach development plan included a beachwalk
village, individual housing units part of resort rental pool, and a boutique and hotel as part of the
development plan
Minutes - Regular Council Meeting
March 21, 2006 - Page 22
Mr Noe also discussed the charter election element of the ordinance. The charter
amendment election would be called on November 7, 2006, contingent upon a public
referendum to restrict vehicle access on any beach, except the area from Packery Channel to
Padre Balli, without a public referendum. Regarding the Packery Channel to Padre Balli
exemption. he noted that if any requirement for the 7,400 feet pedestrian only beach was not
Implemented, then the ordinance or charter provision would not be effective.
Mr Noe covered the current status of the Packery Channel Tax Increment Finance (TIF)
zone Mr Noe explained that the TI F was a financing vehicle for the project, in which the
Increase in value from the area was used to the support of the cost of the improvements.
Currently, Mr. Noe reported that the TIF had performed had substantially ahead of staffs
projections The property values of the area were currently $173.6 million, over $20 million
above projections. The city had issued $9.1 million in TIF-related bonds, and anticipated
Issuing another $2.9 million to complete the project, in accordance with the original plan. He
said the city was still working with the U.S. Corps of Engineers on finalizing the project, noting
that the channel sustained damage from a number of summer storms that could increase costs.
Mr Noe stated that the cost for the north reach improvements was estimated at
$990,000 and the south reach improvements were estimated at $670,000, totaling $1.66 million
to be funded through the TIF. Given the projected value of the proposed improvements
required through the project "trigger" mechanisms, he said the city expected to be able to pay
for the project costs. He noted, however, that the proposed improvements would require an
amendment to the TIF Plan since they were not part of the original plan.
Mr Noe concluded by pOinting out that the proposed Improvements would require
additional, ongoing maintenance requirements. Throughout the city's discussions with the
development team, staff made it clear that the city did not usually provide resort-level
maintenance activities. As a result, he anticipated that the development team would create a
master development agreement as part of the overall development. He said the team would
seek opportunities to create a Public Improvement District (PID) and other municipal
management districts as vehicles for the development to tax itself to pay for the cost of
enhanced maintenance
Mr Chesney stated that at the last town hall meeting, it became apparent that a portion
of the community felt that access to the south jetty was insufficient. He asked staff to work with
the development team on improving access, possibly by widening the boardwalk and
transporting people to the beach with a tram. He asked staff to present possible solutions at the
next reading. Mr Noe stated staff would discuss this with the team, and mentioned that the use
of a tram had been discussed before He said the team wished to communicate that there
would be opportunities for the plan to be adjusted based on the final development plan. He said
staff had articulated the legal and GLO requirements for the project. As long as those
requirements were met, staff could work with them on access issues. He pointed out that the
cost estimates provided today were based on the current plan.
Mr Chesney asked why the charter amendment provision was in the proposed
ordinance He said he disagreed with the inclusion of a charter amendment because it would tie
the hands of future Councils. He also asked whether it was possible to amend the charter to
allow the Council to place any issue on the ballot that they deemed appropriate, such as the
smoking ordinance or this issue
Minutes - Regular Council Meeting
March 21, 2006 - Page 23
Mr. Noe replied the charter amendment provision was in the ordinance because in prior
discussions with the Council, a number of Council members indicated that they would not
support any ordinance unless a charter amendment was attached. He indicated that the
Council could remove the provision if they wished, but he included it because he felt the majority
of council was in support of this provision based on previous discussions.
Regarding Mr. Chesney's second question, City Attorney Fischer explained that if the
referendum process was already underway, the Council did not have the authority to bypass the
referendum process prior to completion and place an issue on the ballot. The Council could
propose an amendment, however, allowing them to place an issue on the ballot. Mr. Chesney
stated that he felt the Council should have the power to place an issue on the ballot if they felt it
was controversial.
In response to Mr. Garcia's question about the south jetty parking lot, Mr. Noe stated
that as the developer reviewed the final plan, there would be opportunities to adjust and refine
the plans, as long as they complied with the required elements. The developer had agreed to
provide ADA parking to meet legal requirements, but any additional requirements would need to
be negotiated. He said the developer has asked for flexibility to move the parking lot if needed
based on how the master plan developed. He said the statute provided that the access roads at
the north and south end of the seawall could be moved 1,000 feet.
Mr. Garcia asked if it would be possible to begin construction on the north side of the
development first. He said if the south side was started first, then the whole area would be
cordoned off to vehicles. Mr. Paul Schexnailder, representing the developer, replied that the
current plan called for construction to begin on the south end first because it was the lower
density project, and it would provide a flow for market penetration. Mr. Noe added that the
presumption was that when the construction was completed, the city was required to abide by
state statutes. If the construction was completed before the ordinance or GLO approval
became effective, then the city would adhere to the law and the beach would remain open to
vehicular traffic.
Mr Noyola asked questions about the beach access to the south jetty. Mr. Noe replied
that the total distance from the access road to the south jetty was 1,800 feet; adjusting for the
width of the parking lot, he said the total distance was 1,500 feet from the parking lot to the
south jetty. He said the parking lot would be free to the public. He asked if vehicles would be
allowed to park on the side of the road if the lot were full. Mr. Noe replied the access road was
public property, but he questioned whether the road was wide enough to accommodate
roadside parking. Mr. Noyola also asked if roadside parking would be allowed on Whitecap
Boulevard at the south end. Mr. Noe replied affirmatively, until the parking lot was developed.
Once the parking lot was in place, he said the plan was that the 1,200-foot stretch from
Whitecap Boulevard to Access Road 4 would become a pedestrian safe beach. The master
plan for development called for another roadway that would connect Whitecap Boulevard to
Access Road 4 if the public wished to drive on the beach southward.
Mr Noyola spoke in support of the charter amendment provision in the ordinance
because it would give the public the power to decide. He suggested that the developer could be
asked to pay for the cost of the election.
Mr Kinnison thanked staff for including the "trigger" requirements in the ordinance. He
said he had assumed, however, that the north end of the resort by the Packery Channel would
be developed first. Mr Schexanailder replied that the development team saw the project as a
singular unit. and did not consider it to have a south or north end. If the Council wished to
Minutes - Regular Council Meeting
March 21, 2006 - Page 24
stipulate that the beach would not be closed to vehicular traffic unless both ends of the project
were developed, he would have no objection. He pointed out that the critical portion of the
project with regard to traffic patterns, as far as the state was concerned, was the north end of
the development. He believed that the south end of the project was farther along, so they
proposed beginning construction at this point. He said the development team had agreed to
provide a comprehensive master plan before the Council approved any action. Mr. Noe added
that if the Council wished, staff could include a provision to tie the north and south end projects
together
Mr. Kinnison asked if it would be possible to separate the charter amendment issue from
the current ordinance so it could be voted on separately. City Attorney Fischer answered
affirmatively, saying that he could make a motion today to adopt the ordinance except for
provisions related to the charter amendment election. Staff could then prepare two separate
ordinances, one on the charter amendment election and one on the beach ordinance, for
consideration next week. Mr. Kinnison stated that he would make a motion to that effect at the
appropriate time.
Mr. Kinnison felt it was important to separate the issues because he strongly disagreed
with the charter amendment provision. He felt it was bad public policy to bind future Councils on
these issues. He stated that the city had a good referendum process in place so this charter
amendment was not needed. He said he did not want to be the only city in the U.S. where
developers would have to engage in this process.
Mayor Garrett called for public comment. The following individuals spoke in support of
the proposed ordinance: Mike Carranco; Gail Hoffman, 3442 Paradise; Marco Gamboa, 314
Lakeridge, San Antonio. TX: Gladys Choyke, 15231 Cartagena; Bill Pettus, 102 Alta Plaza; Tom
Schmid, 319 Long Port; Dick Smith: Colleen Mcintyre, 13714 Three Fathoms; Jimmy B.
Johnston, 15896 Punta Espada; Jack White, North Padre Island; Mikki Senkarik, 14226 Punta
Bonaire; Abel Alonzo; unidentified woman; Gail Boy ton , 247 Rosebud; Juanita Keiko; Cathy
Banderwall. John Chandler; Damon Gibson; Kim Erwin, 13957 Dasmarinas; Billy Holmes,
14121 Jackfish; Kevin Kieschnick; Linda Walsh, 15350 Isabella Court; Linda Dasmares, 15366
Yardarm; Bob Shulte; Pat Kelly, 3701 Matthew; Alex Harris, 2138 Hwy. 286; Gene Guernsey,
6133 Tarafaya; unidentified gentleman; and John Trice, 13706 Tajamar.
The follOWing individuals spoke against the proposed ordinance: Carlos Truan, 6902 Sir
Geraint; Cliff Slovik, 142 Whiteley; Camest West, 13941 Man 0' War; Pat Suter, 1002
Chamberlain; David Ryan, 14010 Rutter Court; Mr. Garcia, 1617 Woodmont; Carolyn Moon,
4902 CalVin; Joseph Farrah, 3242 Azores; Johnny French, 4417 Carlton; John Adams, 207
Katherine; Joe Lynch, 237 Mullet; Keeton Barnard, Austin, TX; Ellis Pickett, 405 Bowie, Liberty,
TX; Mike Murphy 13521 Camino Plaza; Brian McCool; Wayne Ebbert, 13830 Seahorse; and
Michael McKutchon. 203 Jackson.
Mr. John Bell spoke against the provision for a charter amendment in the ordinance,
saying it was bad public policy.
Mr. Neil McQueen, 4213 Estate, spoke in favor of the provision for a charter amendment
In the ordinance, but was opposed to the beach closure aspects.
Ms. Crystal Lyons, 13901 Cabana North, spoke in favor of improving ADA access to the
south jetty.
Minutes - Regular Council Meeting
March 21, 2006 - Page 25
Mr. Bill Kopecky, 3609 Topeka, spoke in favor of holding the charter amendment
election in April 2007 rather than November 2006.
Mr. Paul Schexnailder commented that the proposed restrictions applied to resortgoers
as well as the citizens. Without restrictions, he said tourists could take their cars onto the 7,400-
feet of beach, overcrowding the beach. He said the resort was concerned about beach usage,
maintenance, and appearance. The resort would be taxing itself to improve the roadways,
provide maintenance, and to supplement the city's efforts in those areas. He emphasized that
this was a public beach, not the resort's beach; thus, the development team was looking at
ways to provide public transportation to the south jetty. He said the method of transportation
would be an area of compromise and publicly discussed.
Mayor Garrett asked for Council comments. Ms. Cooper spoke in support of the
proposed ordinance. She said the creation of a pedestrian-only beach and economic
development was not mutually exclusive. She especially like the development "triggers" in the
ordinance that ensured that the developer had to meet certain requirements before the beach
could be closed to vehicles. Regarding the charter amendment provision, she said she was
ambivalent. She was not opposed to splitting the charter amendment issue from the beach
closure ordinance.
Mr. Scott referred to Ms. Pat Suter's public comment regarding the status of Polliwog
Pond, near the a.N. Stevens Plant. Mr. Noe answered affirmatively, stating that Polliwog Pond
was not a commitment to mitigate another project.
Mr. Scott referred to Mr. John Bell's public comment regarding a number of loopholes in
the ordinance's charter amendment provision. City Attorney Fischer replied the language could
be amended to state "permanent" or "temporary" before the words "restricting" or "restricted".
Mr. Noe added the language could be added for the second reading.
Mr Scott agreed with Mr. Kopecky's comment that the charter amendment election
should be held in April 2007, not November 2006. He felt it would be preferable to combine
costs by holding the election in the spring, rather than holding the election alone in November.
He understood from Mayor Garrett that if the city held an election alone, the cost would be
approximately $200,000. He said previous discussions called for holding the Crime Control and
Prevention District election In November, but this issue could also be held in April.
Mr. Scott spoke in support of the proposed ordinance, saying it was an opportunity to
move the community toward greatness. He felt that a pedestrian only beach was crucial to
attracting the proposed resort development, providing an economic boon to the community.
Additionally, he felt that the community deserved to have a pedestrian only beach that would be
free to the public. He pointed out that currently, if a person chose to drive on the beach, they
would have to purchase a $12 pass. The proposed amenities were also a tremendous benefit,
and once again, would come at no cost to the citizens. Mr. Scott said the community could
have it all, a pedestrian only beach and the ability to drive on the beaches.
Mr Scott spoke in support of the charter amendment provision in the ordinance.
Mr. Noyola spoke strongly in support of the charter amendment provision. He asked
staff to work with Mr. Bell to incorporate his suggestions. He said the proposed resort
development would benefit the community, which meant that District 3 would benefit. He took
exception to some of the public's statements that the Council was being bought by the
developers. saying that he could never be bought.
Minutes - Regular Council Meeting
March 21, 2006 - Page 26
Mr. Chesney stated that he had admitted to making a mistake by not supporting the
beach closure on the first go-round. He took exception to misleading comments made by Mr.
McCutchon in his public comment. He said the proposed project would add much-needed
amenities to the area. He pointed out that he had issues with the access to the south jetty, and
he had asked staff to address the issue. Mr. Chesney stated that this issue was an opportunity
for the community to define itself, and becoming a world-class tourist destination was not an
objectionable thing. While the tourism industry itself did not attract high-paying jobs, he said it
could create jobs in construction and other areas to benefit the community.
Mr Chesney spoke in support of the proposed ordinance, but said he was torn on the
charter amendment issue At this point, he was leaning toward opposing the charter
amendment
Mr. Kinnison spoke in support of creating the pedestrian-only beach because it promoted
public safety and economic development. He said the only thing that would allow future
Councils to deliver services and lower tax rates was through economic growth. He spoke
against the charter amendment because he did not feel it was good public policy. He preferred
to split the issues into two separate ordinances, and said he would make a motion to that effect.
Mr. Garcia spoke in support of the proposed ordinance because the development would
benefit the community financially. He said ten years from now, everyone will be saying that they
supported the project because it had been such a boon to the city. He said it was time for the
city to be In the forefront of growth. Regarding the charter amendment issue, he said he had
mixed feelings. He asked staff to continue discussing the access to the south jetty.
Mr Marez stated that his primary concern was with preserving public access to the
beaches, and thus he was quite concerned with creating a private beach. He also expressed
concern that the parking lots were too far away from the jetties, and the developer needed to act
m good faith by addressing this issue.
With regard to the Job development issue, Mr Marez pointed out that he had been on
the job market more recently than the rest of the Council. While the resort was going to create
lobs in the community. they were not the types of jobs that would keep graduates in the area
Regarding the charter election, Mr. Marez asked Mr. Chapa how much it would cost the
city to hold a joint election for the county. He questioned the accuracy of the $200,000 figure
that Mr Scott had Quoted. Mr Chapa replied that a stand-alone election would cost
approximately $200,000, while a joint election would cost approximately $500,000 for all the
entities involved. If four entities were involved, then the $500,000 cost would be split four ways,
totaling approximately $125,000. He said the county had recently provided these estimates, but
could change because there was no history with the new equipment being used. He said staff
did know that most election costs were doubling for stand-alone elections.
In conclusion, Mr. Marez stated that he supported economic development in the city, but
there were many unanswered questions remaining. Thus, he stated that he could not support
this issue because most of his constituents felt the project would not benefit them. He said he
looked forward to discussing the issue next week, especially addressing the charter amendment
Issue. He spoke in support of holding the charter election in November, when more citizens
were likely to vote.
Minutes - Regular Council Meeting
March 21, 2006 - Page 27
Mayor Garrett stated that he would like to put this issue to rest with the least amount of
hard feelings. He said people were dwelling on their differences regarding this issue, but he
said everyone could agree that they wanted a vibrant economy, more jobs, and more
development. He said there was no hidden agenda; council members were going to vote to as
their districts wished. Finally, he said he felt that it was worth giving up vehicular access to
7 AOO feet of beach for the return the city would receive on its investment.
A discussion ensued on the cost of the election if it was held in April or in November.
Mr. Chapa replied that if the city held Council election in April 2007, they would spend $200,000.
If they also held a joint election on the charter amendment issue in November, then the city
would spend an additional $125,000. Mr. Noe added that the Council had discussed holding the
Crime Control District election in November.
Mr. Scott made a motion to amend the ordinance to move the charter amendment
election date to the first Saturday in April, 2007, seconded by Mr. Chesney.
Mr. Noyola asked that if the beach closure ordinance was passed on second reading
and then a referendum petition was initiated, when would the issue be placed on the ballot. Mr.
Chapa replied that if the petitioners submitted an eligible petition within 60 days, the next
uniform election date was in November. If the petitioners submitted the petition within 60 and
90 days, then the next uniform election date would be April 2007. Mr. Scott stated that if the
petitioners submitted the petition in time for the November election, the Council could amend
the ordinance to place the charter amendment issue on the November ballot, too.
Mr. Chapa polled the Council for their votes on Mr. Scott's motion as follows: Garrett,
Cooper, Chesney, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Marez and Noyola
voting "No'" Kelly abstained. The motion to amend passed.
Mr Kinnison made a motion to amend the ordinance to separate the charter amendment
provision from the beach closure issue so it could be voted on separately. The motion died for
lack of a second.
Mr Noe said staff would incorporate the changes submitted today in the second reading,
Including the distance from the south jetty; tying the south and north ends of the development;
and including Mr. Bell's suggestions regarding the charter amendment.
City Secretary Chapa polled the Council for their votes on the first reading ordinance as
amended as follows:
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
Minutes - Regular Council Meeting
March 21, 2006 - Page 28
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.
The foregoing ordinance was passed and approved on its first reading as amended with
the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Noyola and Scott,
voting "Aye"; Marez voting "No"; Kelly abstained.
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. Mr. Noe stated he had no report
today
Mayor Garrett reported that he had asked the City Manager to begin organizing the mid-
term Council retreat He also said the City Manager was planning a tour of the new landfill site.
There being no further business to come before the Council, Mayor Garrett adjourned
the meeting at 5:07 p.m on March 21, 2006.
* * * * * * * * * * * * *
2
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the lease of a wheel loader with Scott-Macon
Equipment, Corpus Christ~ Texas for the total amount of$98,496, of which $16,416 is budgeted
in FY05-06. The award is in accordance with Bid Invitation No. BI-0100-06 and is based on
only bid. The term of the lease is for twenty-four months with an option to extend the lease for
up to twelve additional months subject to the approval of the City Manager or his designee. The
wheel loader will be used by the Park & Recreation Department.
******************************************************************************
Background
Purpose:
The wheel loader will be used by the beach operations division of
the Park & Recreation Department for maintaining the beach and
beach roadways.
The decision to lease the wheel loader in lieu of purchasing the
equipment was made due to the harsh conditions present at the
beach. The lease provides for a full maintenance contract that will
keep the unit operational throughout the term of the lease. At the
end 0 f the two year lease, the City will either exercise its option to
extend the lease or establish a new lease for replacement
equipment.
Number of bids Issued:
Eleven
Number of bids received:
One
Award Basis:
Only Bid
Price Analysis:
When compared to the previous bid of 2004, pricing has increased
approximately 11 %. According to the vendor, the increase is
partially due to the cost of the new equipment being offered.
Funding:
Park & Recreation
530160-1020-12940
$16,416
Annual funding will be requested during each of the following
budget years. The ongoing contract is contingent upon all future
budget appropriations.
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
DATE: 3/13/2006
ITEM
DESCRIPTION
$4,104.00 $98,496.00
1 . Rental of a new articulated wheel
loader in accordance with
Specification NO.1 080. Including
Full Service Maintenance Contract
Manufacturer:
Model No.:
Year Model:
Grand Total:
BID TABULATION
Articulating Wheel Loader
BI-0100-06
Scott-Macon
Corpus Christi, Texas
UNIT EXTENDED
QTY UNIT PRICE PRICE
24 Mo
JCB
436HT
2005
$98,496.00
3
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Martin Marietta Materials, Corpus Christi,
Texas for Flexible Base Caliche, In accordance with Bid Invitation No. BI-0078-06, based on only bid, for an
estimated annual expenditure of $192,950. The term of the contract shall 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 the Gas, Water, Wastewater, Storm Water and Street Departments in
FY05-06
BACKGROUND:
Purpose:
The Flexible Base Caliche will be used by the participating
departments as a subsurface foundation for street maintenance and
repaIr.
Previous Contract:
The option to extend the previous contract was not exercised due to
the vendor's inability to maintain pricing, therefore requiring the City
to issue new bide invitations,
Bid Invitations Issued:
Fourteen
Bids Received:
One
Award Basis:
Only Bid
Funding:
Street
520130-1020-12410
Gas
530130-4130-34130
520130-4130-34110
Water
520130-4010-31520
520130-4010-31505
Wastewater
520130-4200-33400
Stormwater
520130-4010-32010
$111,950
810
1,620
30,780
29,160
2,430
16,200
Total:
$192,950
Michael arrera
Procurement & General Services Manager
CITY OF CORPUS CHRISTI BID TABULATION BI-0078-06
PURCHASING DIVISION Flexible Base Caliche
BUYER: GINA SANCHEZ
Revised: 03106/06
Martin Marietta Materials
Corpus Christi, TX
Unit I Extended
Item Description Qtv. Price Price
10 Flexible Base Caliche, Item 247. Type 0,
Grade 6. TX Dot Spec. D10n City Spec.
11 F.O.B. City Storage Yard. 5352 Ayers 6.000 $13.50 $81,000.00
1.2 F.O.B. Job Site. West of Com Prod. Rd. 100 12.50 1,250.00
1.3 F.O.B. Job Site. East of Com Prod. Rd. 100 13.50 1,350.00
to Airtine Rd.
1.4 F.O.B. Job Site. East of Airline Rd to 100 13.50 1.350.00
include Padre Island
2.0 FlElldbIe Base Crushed Limestone, Item 247 and
Item 263. Type A, Grade 1, City waives the
Triaxial Class 1 TX DOT Spec.D3
21 F .O.B. City Storage Yard, 5352 Ayers Street. 1,000 16.50 16.500.00
2.2 F.O.B. Job Site. West of Com Prod. Rd. 500 16.00 8,000.00
2.3 F.O.B. Job Site, East of Com Prod. Rd 3,000 16.50 49.500.00
to Airline Rd.
2.4 F .O.B. Job Site, East of Airline Rd to 2,000 17.00 34,000.00
include Padre Island
TOTAL
$192,950.00
4
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 2006
AGENDA ITEM:
Resolution authorizing the City Manager or designee to submit a Juvenile Accountability
Block Grant application to the State of Texas, Office of Governor, Criminal Justice Division
In the amount of $11 ,997 for theft prevention program for the municipal juvenile court, with
a city match of $1,333 in the No. 1020 general fund, and total project cost of $13,330.
ISSUE: If approved, the grant will allow the Municipal Juvenile Court to add a new
offense-specific home study program for theft cases to its rehabilitation/prevention
efforts.
REQUIRED COUNCIL ACTION: Approval of the Resolution
PREVIOUS COUNCIL ACTION: Council last authorized grant application for
Municipal Juvenile Court in July 2005.
CONCLUSION AND RECOMMENDATION: Approval of the Resolution,
/~
/0
Rodolfo Ta'
BACKGROUND INFORMATION
This Application is for funds from the Juvenile Accountability Block Grant Program through
the Criminal Justice Division of the State of Texas Governor's Office. These are left over funds
from the grant which was originally used to create the Municipal Juvenile Court. If the grant is
funded, it will be used for a new initiative at the Municipal Juvenile Court, an offense-specific
Home Study program for Juveniles The program to be used is the Youth Educational Shoplifting
(YE. S ) Program designed by the National Association for Shoplifting Prevention. The
Municipal Juvenile Court would order Program Kits from NASP. The kits include 2 CD's, a
workbook and test answer sheet. The CD's include approximately 6 hours of offense-specific
education which helps juveniles identify the feelings, thoughts and actions which led them to
shoplift and helps them make better choices for themselves and their future. Tests are returned to
the court for grading. The program includes a Psychological Profile Analysis and Risk
Assessment which is built into the test. The Risk Assessment is used to identifY juveniles at risk
of repeating the shoplifting offense so they can be referred to additional counseling. Juveniles
keep the CDs for ongoing reinforcement. Juveniles who can pay for their program would be
charged a fee. Any program income would be used to purchase additional program kits.
This specific program has been used successfully in jurisdictions across the country, Harris
County being the closest jurisdiction
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
JUVENILE ACCOUNTABILITY BLOCK GRANT APPLICATION TO THE
STATE OF TEXAS, OFFICE OF GOVERNOR, CRIMINAL JUSTICE
DIVISION IN THE AMOUNT OF $11,997 FOR THEFT PREVENTION
PROGRAM FOR THE MUNICIPAL JUVENILE COURT, WITH A CITY
MATCH OF $1,333 IN THE NO. 1020 GENERAL FUND, AND A TOTAL
PROJECT COST OF $13,330
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 Juvenile
Accountability Block Grant application to the State of Texas, Office of the Governor,
Criminal Justice Division, in the amount of $11 ,997 for theft prevention program for the
Municipal Juvenile Court. The City match for this grant is $1,333 in the NO.1 020
General Fund, for a total project cost of $13,330.
SECTION 2, The City Manager, or designee, may accept, reject, agree to alter the
terms and conditions, or terminate the grant, if the grant is awarded to the City.
SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned to the State of Texas, Office of the
Governor, Criminal Justice Division, in full.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secreta ry
APPROVED: March,20, 2006
O(~~
Lisa Aguilar
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
H :ILEG-OI RIJosieEIOOYLE\06.02280C .RES.FOAGra nt.doc
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 28, 2006
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to submit grant application(s) to the
Texas Commission on the Arts for: $12,000 grant for core support for the 2007 Festival of the
Arts, with a $12,000 city match in the No. 1030 Arts Grants/Projects Fund, and total project
costs of $21,000; and mini-grant for funding for the 2007 kickoff event, for addition of
musicians and a headliner group.
ISSUE:
The Arts & Cultural Commission is applying to the Texas Commission on the Arts in order
to have additional funding available to promote the 2007 Festival of the Arts, The funds
used to match the grant will be from the FY 06-07 Arts/Grants Projects budget.
REQUIRED COUNCIL ACTION: Authorization to submit an application to the Texas
Commission on the Arts in the amount of $12,000.
PREVIOUS COUNCIL ACTION: none
CONCLUSION AND RECOMMENDATION: Staff recommends approval of request to
submit grant application.
Attachments: none
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT
GRANT APPlICA TION(S) TO THE TEXAS COMMISSION ON THE
ARTS FOR: $10,000 GRANT FOR CORE SUPPORT FOR THE 2007
FESTIVAL OF THE ARTS, WITH A $10,000 CITY MATCH IN THE NO.
1030 ARTS GRANTS/PROJECTS FUND, AND TOTAL PROJECT
COSTS OF $20,000; AND MINI-GRANT FOR FUNDING FOR THE 2007
KICKOFF EVENT, FOR ADDITION OF MUSICIANS AND A HEADLINER
GROUP.
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 grant
application(s) to the Texas Commission on the Arts for: $10,000 grant for core support
for the 2007 Festival of the Arts, with a $10,000 City match in the No. 1030 Arts
Grants/Projects Fund, and total project costs of $20,000; and mini-grant for funding for
the 2007 kickoff event, for addition of musicians and a headliner group.
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: 28 February 2006
~C;;rtiS
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:ILEG-DIRIJosleE\DOYLEI06.0228DC.RES.FOAGrant.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-OIRWosieE\DOYLE\06.0228DC.RES.FOAGranldoc
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 28. 2006
AGENDA ITEM: Ordinance appropriating $670 in the No. 4720 Community Enrichment
Fund to purchase playground equipment for Vineyards Park; and declaring an emergency.
ISSUE: A group of residents that live in the Vineyards subdivision and that use the
Vineyards neighborhood park for recreational activities have raised money from other
residents in the Vineyards subdivision to purchase and install playground equipment in
the park. The total amount of funds raised is $6,600.
REQUIRED COUNCIL ACTION: Council action is required to authorize the City
Manager or his designee to appropriate these funds for the purchase of playground
equipment for Vineyards Park.
PREVIOUS COUNCIL ACTION: Council approved an ordinance appropriating $5,930
raised by residents in the Vineyards subdivision for the purpose of purchasing
playground equipment for Vineyards Park on October 25, 2005.
FUNDING: Donated funds will be combined with the balance of the funds in the
Vineyards Park account within the Community Enrichment Fund 4720.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
ordinance.
Sally Ga~ k, Director
Parks an Recreation
Attachment: Background Information
Map
BACKGROUND INFORMATION
The Platting Ordinance requires that land or money is dedicated for the creation of
neighborhood parks when residential subdivisions are designed and constructed by
private developers. When money is dedicated in lieu of land, these funds are
deposited into the No. 4720 Community Enrichment Fund in separate accounts for
each park.
Since there is no capital budget to purchase and install playground equipment in
neighborhood parks, a group of neighbors came together in an action group to
collect donations from the residents in the subdivision to purchase playground
equipment. The total money raised ($6,600) will be combined with funding in the
Vineyards Park account ($13,038) to purchase a climber, a swing set, and other
improvements that are deemed to be low maintenance and vandal resistant. The city
will also be reimbursed for park planning, construction of the fall zone enclosures,
and installation of the equipment
The park equipment IS designed to be accessible to individuals with disabilities and
will serve a wide age group. The action group has also arranged for in-kind
donations of trees to make the park usable during the day and further enhance the
park setting.
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Page 1 of 2
ORDINANCE
APPROPRIATING $670.00 IN THE NO. 4720 COMMUNITY
ENRICHMENT FUND TO PURCHASE PLAYGROUND EQUIPMENT
FOR VINEYARDS PARK; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $670.00 is appropriated in the No. 4720 Community Enrichment
Fund to purchase playground equipment for Vineyards Park.
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
~urtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Henry Garrett.
Mayor
C :1(Doyle. 03. 06\ORD2003. 0610rdinanc .eslApproprl. atel06 .0313 DC. Vineyard.s Park.Approp. $680 .Playgrd. 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\Ordinanc.es\AppropnateI06 031 30e. Vi neyard. sPark.Approp. $680. Playgrd. Ord .doc
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 28, 2005
AGENDA ITEM: An ordinance authorizing the City Manager, or his designee, to execute a
five-year lease and use agreement with Universal Little League for baseball programs at
Greenwood/Horne Youth Sports Complex; and declaring an emergency.
ISSUE: Universal Little League has requested a renewal of their lease so that they may
continue sponsoring Little League Baseball play for male and female participants' ages 6-
12 years of age at the Greenwood/Horne Youth Sports Complex.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a one-year lease
with Universal Little League in 2004.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the renewal of the lease with Universal Little League.
Attachments:
Background Information
C:IDocuments and SettingslNileshP\DesktoplUniversal Little League.DOC
BACKGROUND INFORMATION
Universal Little League is a member league in good standing with Little League Baseball.
The league has been in existence for over 30 years, and has leased the current complex on
Greenwood for most of that time.
The league's complex on Greenwood/Horne Youth Sports Complex includes 3 lighted
playing fields. The leagues contract renewal includes the requirement to implement a
Sportsmanship program. The league will be required to have all of their coaches and at
least one family member of each youth participant take a state or nationally recognized, or
Parks Director approved. parent and coach sportsmanship program.
C:IDocuments and SettingslNileshP\DesktoplUniversal Little LeagueDOC
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE A FIVE-YEAR LEASE AND USE AGREEMENT WITH
UNIVERSAL LITTLE LEAGUE FOR BASEBALL PROGRAMS AT
GREENWOOD/HORNE YOUTH SPORTS COMPLEX; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a five-year
Lease and Use agreement with Universal Little League for baseball programs at the
Greenwood/Home Youth Sports Complex. The Agreement is attached as Exhibit A
and a copy is on file with the City Secretary.
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 upon first reading as an
emergency measure on this _ day of , 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: March 15, 2006
~rtl: -
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H:\LEG-DIR\OlgaR\DoyIe\Ordinance\06.0315. Univers.aILlttle.League.UseK.5yrs.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: 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
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\lEG-DlR\OIgaR\Doyle\ardinanceI06.0315. Univers.aILlttle.League. UseK.5yrs. Ord.doc
8
AGENDA MEMORANDUM
DATE: March 28, 2006
SUBJECT: Bayfront Development Plan Phase 1
(Project No. 6279)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a Contract for
Geotechnical Services with Fugro South, Inc. of Corpus Christi, Texas, in the amount of
$32,360 for the Bayfront Development Plan Phase 1 (BOND ISSUE 2004).
ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package
under Proposition No. 5 Bayfront Master Plan Project. A geotechnical exploration and
analysis is necessary to proceed with detailed design.
FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
(
J.r1~ t:--k JAyp4'
~l Escobar, P. E, .
Director of Engineering Services
Exhibit "A"
Exhibit "B"
Exhibit "C"
H: IHOMEIKEVIN SIGENIBavtrontMasterPlanlPhase 1 ILabGeotechMemo. doc
BACKGROUND INFORMATION
SUBJECT: Bayfront Development Plan Phase 1 (Project No. 6279)
BOND ISSUE 2004 PROJECT
CONTRACT:
This contract provides for a geotechnical study consisting of pavement corings and soil borings.
Samples will be subjected to laboratory evaluation to determine the engineering characteristics
of subsurface soils pertinent to pavement design, utility trench backfill considerations, and
foundations for new structures. The findings and considerations will be included a report
prepared by a registered engineer detailing the findings, comments and recommendations.
PROJECT DESCRIPTION:
This project consists of funding to implement the first phase of Shoreline Boulevard realignment
from IH-37 to Resaca Street. Proposed work will include restructuring of the existing traffic
medians, and demolition and reconstruction of the traffic lanes, development of pedestrian
spaces, landscape improvements, and other amenities. This is a multi-phased project that will
enable the Bayfront Master Plan to be implemented with various components.
PROJECT BACKGROUND:
In October 2003, local architects, under the sponsorship of the Corpus Christi Caller Times, held
a brain-storming session called a charrette and came up with an expansive green-belt vision of
what a revised Sayfront could look like. On December 16, 2003, the City Council approved a
$100,000 contract to have the architectural firm of Thompson Ventulett and Stainback and
Associates. Inc. to create a Master Plan for the Bayfront area. Local organizations that
participated in funding this AlE contract include:
. The City of Corpus Christi,
. The Downtown Management District,
. The Regional Transportation Authority,
. The Metropolitan Planning Organization, and
. The Port of Corpus Christi.
Over the next several months a series of meetings with public organizations, the Corpus Christi
Caller Times, several citizen groups, and a public survey process was conducted to gather
relevant data and generate public awareness for a conceptual plan for the Bayfront area.
Citizens were able to download a special questionnaire on the Bayfront plan from the City's web
site to contribute further comments.
On July 20, 2004, The City Council approved the Bayfront Master Plan on 1st reading and
directed staff and the City's Bayfront Master Plan consultants to revise the draft plan to include a
range of four to six travel lanes for Shoreline Boulevard. The proposed revisions to Policy
Statement 8.3 allow the City the flexibility to improve Shoreline Boulevard from four to six lanes
as needed. The Bayfront Plan included a master plan for the two-mile stretch of bayfront from
the Corpus Christi Ship Channel to McGee Beach. The major components ofthe plan included:
. Shoreline Boulevard will change from three lanes in each direction to three lanes in each
direction, with a left-turn lane to ease backups;
EXHIBIT" A"
Page 1 of 3
H ,HOMEIKEVINS\GE N\BayfrontMasterPlan \Phas e 1 ILabGeotechBkgExhA. doc
. Routing traffic along the water's edge from the Lawrence Street T -Head to the
intersection at Interstate 37, and away from the water along the rest of the bayfront;
. Creating small single-block parks along the downtown portion of the bayfront and creating
larger parks near Memorial Coliseum and the new arena;
. Building a new breakwater to protect McGee Beach.
On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a
n umber of ballot propositions to fund major capital improvements for the community, Bond Issue
2004. The November 2,2004 election was held jointly with Nueces County and coincided with
the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem
property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public
Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for growth,
and protect the City's investment in its infrastructure. Proposition NO.5 for the Bayfront Master
Plan, Phase 1 was approved by voters and a Request for Qualifications was issued to acquire
the services of an architectural firm to design the first phase improvements to the Bayfront area.
PRIOR COUNCIL ACTION:
December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to
execute an Interlocal Cooperation Agreement with the RTA in the amount of $20,000 for
the Bayfront Master Plan.
December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to
execute an Interlocal Cooperation Agreement with the Downtown Management District in
the amount of $20,000 for the Bayfront Master Plan.
December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to
execute an Interlocal Cooperation Agreement with the Metropolitan Planning Organization
in the amount of $20,000 for the Bayfront Master Plan.
December 16, 2003 - Resolution Authorizing the City Manager, or his designee, to
execute an Interlocal Cooperation Agreement with the Port of Corpus Christi in the
amount of $20,000 for the Bayfront Master Plan.
December 16. 2003 - Ordinance appropriating $20,000 from the RTA into Park CIP Fund
No. 3280; and appropriating $20,000 from the Downtown Management District into the
Park CIP Fund No. 3280; and appropriating $20,000 from the Metropolitan Planning
Organization into the Park CIP Fund No. 3280 for the Bayfront Master Plan; and
amending the Capital Budget FY 2002-2003 adopted by Ordinance No. 025144 by
increasing appropriations by $60,000; and declaring an emergency.
December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 4 with Thompson Ventulett and Stainback and Associates, Inc. for
planning services associated with development of a Bayfront Master Plan.
Julv 20,2004 - Public Hearing to consider amending the Comprehensive Plan of the City
of Corpus Christi by amending the South Central Area Development Plan to include the
Bayfront Master Plan; amending related elements of the Comprehensive Plan including
the Urban Transportation Plan.
Julv 20. 2005 - Ordinance amending the Comprehensive Plan of the City of Corpus
Christi ("the City") by amending the South Central Area Development Plan to include the
2
3.
4
5
'3
.,
8
EXHIBIT "A"
Page 2 of 3
H: \H OMEIKEVINSIG ENIBayfrontMasterPlanlPhase1 ILabGeotechBkgExhA.doc
Bayfront Master Plan; amending related elements of the Comprehensive Plan including
the Urban Transportation Plan; providing for severance; providing for publication.
9 July 27, 2004 - Motion to amend prior to second reading the ordinance amending the
Comprehensive Plan of the City by amending the South Central Area Development Plan
to include the Bayfront Master Plan, by including in Policy Statement G.3 a description of
Shoreline Boulevard as an arterial street with four to six travel lanes between Buford
Street and the Bayfront Convention Center
'10 July 27,2004 - Second Reading - Ordinance amending the Comprehensive Plan of the
City of Corpus Christi ("the City") by amending the South Central Area Development Plan
to include the Bayfront Master Plan; amending related elements of the Comprehensive
Plan Including the Urban Transportation Plan.
11 November 2,2004 - Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
12 November 9. 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2,2004, in the City of Corpus Christi for the adoption
of five bond propositions; adoption of a permanent ad valorem tax freeze on residents
homesteads of persons 65 years of age or older or disabled persons and eligible
spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi
(Ordinance No. 026022)
13 March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800 (Ordinance 026188).
14 August 23, 2005 - Motion authorizing the City Manager. or his designee, to execute a
Contract for Professional Services with Gignac & Associates, Architects of Corpus Christi,
Texas, in the amount of $804,515 for the Bayfront Development Plan Phase 1 (Bond
Issue 2004) (Motion No. 2005-264).
15 February 21, 2006 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.1 to the Contract for Professional Services with Gignac & Associates,
Architects of Corpus Christi, Texas, in the amount of $65,160 for the Bayfront
Development Plan Phase 1 (BOND ISSUE 2004) (Motion No. 2006-038).
PRIOR ADMINISTRATIVE ACTION:
1 AUQust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
March 25, 2005 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
April 13. 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2
'"'
.j
FUTURE COUNCIL ACTION:
Amendment of the Architectural contract to authorize the fee for:
detailed design services (35% through 100%);
bid phase services; and
construction phase services.
Approval of a contract for materials inspection and laboratory testing services.
Approval of a construction contract to complete the project as required.
EXHIBIT "A"
Page 3 of 3
H . \ HOM E\KEVIN S\GE NIBayfrontM asterPlanlPhase1 ILabGeotechBkgExhA doc
Contract Summary
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, "CITY", acting through its duly authorized City Manager or designee ("City
Engineer"), and FUQro South, Inc. (Gulf Coast TestinQ), a Texas corporation or partnership,
"LAB".
DECLARATIONS "CITY" desires to have the "LAB" to perform geotechnical services
in connection with City's project, described as follows: Bavfront Development Plan Phase 1 (Proi.
No. 6279) "PROJECT".
FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with
Exhibit "A" I Scope of Services and Fee Schedule under this AGREEMENT, a not to exceed fee of
~32,360.00 (in figures), ( Thirty Two Thousand Three Hundred Sixty and no/xx dollars (in
words)
SCOPE: The project scope is described in the attached Letter labeled Exhibit A
and fee attached thereto.
FUGRO CONSULTANTS LP
J =::::-
-.- "-
--- _/-'---
Proposal No. 1601-06-005
March 17, 2006
1205 N. Tancahua
Corpus Christi, Texas 78401
Tel: (361) 882-5411
Fax: (361) 882-4028
City of Corpus Christl
Department of Engineering Services
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Attention:
Mr. Angel Escobar, P.E.
Director of Engineering
"Exhibit A"
Proposal for Geotechnical Study
Bayfront Development Plan Phase One
City of Corpus Christi Project No. 6279
Introduction
Fugro Consultants LP would like to thank the City of Corpus Christi for selecting us to provide
professiona I services on the Bayfront Development Plan Phase One project. As part of the cost
negotiation process, we are pleased to submit this proposal to perform a geotechnical study for the
proposed street and infrastructure demolition and realignment and proposed new construction
associated with the project. This proposal provides a brief summary of our understanding of the
project and then describes our proposed scope of work, costs and terms, and anticipated schedule
for completing this study.
Project Description
We understand that the City of Corpus Christi is planning to realign the northbound traffic lanes of
Shoreline Boulevard between the intersection with 1-37 and the South Texas Institute for the Arts in
order to develop a linear park along the Corpus Christi bayfront. We understand the project is to
include demolition of a portion of the northbound lanes of Shoreline Boulevard and reconstruction
of those lanes further to the west; adjacent to the existing southbound lanes, slight realignment of
the southbound lanes to the west of their existing location, refurbishment of Resaca Street from
Shoreline Boulevard to Chapparal Street, extension of several lanes of Shoreline Boulevard
northward and westward around the Salena Auditorium to Water Street, and construction of new
structures, landscaping and amenities. Also included in the project will be construction of new and
replacement curb and gutter, new and replacement sidewalks and ADA ramps, and the repair,
replacement and/or new construction of various underground utilities and infrastructure within the
street right-of-way.
A member of the Fugro group of companies with offices throughout the world.
Mr. Angel Eacobar, P.E
City of Corpus Christi
March 17. 2006
P~INo. 1601~
Scope of Work
Our proposed scope of the geotechnical study for the project will consist of performing pavement
corings and soil borings along the existing roadway slated for removal to evaluate the existing
pavement and subsurface conditions, soil borings within the proposed new route of the roadway,
soil test boring at the locations of proposed significant new structures, laboratory evaluation of the
samples obtained to determine engineering characteristics of the subsurface soils pertinent to new
pavement design and construction, utility trench backfill considerations and foundations fro new
structures, and a report prepared by a registered engineer detailing our findings, comments and
recommendations.
Based on the project requirements, information provided about the site, and our experience in the
area, we are proposing the following scopes of work.
1. Field Work
· mobilize the necessary equipment and personnel to the project site to core the existing
roadway at 30 locations and to drill 44 shallow (6 - 10' depth) borings along the existing
roadway and the proposed new roadway and underground utility alignments;
· drill 6 soil borings to a depth of 50 ft each at the locations of the proposed significant
new structures;
· measure thickness of asphalt and base material of existing pavement section at each
core location;
· sample continuously to the boring completion depths of the shallow pavement related
borings, and continuously to 10 feet and at 5 foot interval below 10 feet in the deeper
structure related boring5 ft and 15 ft;
· measure groundwater levels in open boreholes upon completion of drilling and, where
possible after a delay of 12 to 24 hours;
· backfill borings with soil and patch asphalt surface with asphalt "cold patch"; and
· transport collected samples to our laboratory for testing.
2. Lab Work will be comprised of:
· soil classification tests including but not limited to: supplemental visual classification,
natural moisture content, % passing #200 sieve, and liquid and plastic limits; and
· strength tests including unconfined compression tests.
- 2-
-.--@
Mr. Angel Escobar, PE
City of Corpus Christi
March 17, 2006
P~INo. 1601~5
3, Engineering Analyses to include:
· generalized existing pavement sections and shallow subsurface soil conditions at
existing roadway core locations;
· Subsurface soil conditions at proposed significant new structure locations;
· measured depth-to-water;
· recommended flexible pavement section for new asphalt paved roadways in
accordance with AASHTO design procedures and utilizing TxDOT and City of Corpus
Christi materials specifications;
· foundation recommendations for proposed significant new structures;
· construction considerations including site preparation, soil stabilization, and soil
compaction, ete
Special Conditions and/or Assumptions
· two mobldemobs for field explorations are assumed, one for roadway fieldwork and one
for structures related soil borings;
· access and right-of-entry provided by Client prior to our field crew arrival;
· boring locations will be determined and marked by Fugro in consultation with the City.
However, surveyed locations and elevations will be determined by others and the data
obtained will be provided to Fugro for inclusion on logs of borings;
· Fugro will notify Texas One-Call of boring locations prior to commencing fieldwork;
· traffic control will be limited to traffic cones and vehicle(s) with yellow flashing warning
lights in oncoming traffic lanes at each location to protect Fugro workers and
equipment. It is our understanding that a detailed traffic control plan submitted to and
approved by the City prior to commencing fieldwork is not required for this project;
· fieldwork will be performed in Modified Level 0 personal protective equipment (rubber
boots, hard hat, etc.)
Cost and Terms
· Services to be performed in accordance with our attached "General Conditions
for Technical Services" Schedule 40.01 (April 2005).
· We estimate the budget for this study will be about $32,360.00. This estimate is based
upon the scope of work as outlined in this proposal. In the event the planned scope of
Exhibit B
- 3 - Pa e 4 of 6
-@ _____m._ _____
Mr. Angel Escobar, P.E.
City of Corpus Christi
March 17, 2006
P~INo. 1601~5
work is increased or decreased, the reduction or increase to our fees will be according
to our unit rate fees. Our estimated budget for the geotechnical study for this project is
shown on Attachment I.
· Three copies of final report to be issued.
Schedule of Work
· Field investigation to begin within 2 to 3 days following authorization. We anticipate
authorization of roadway related field work to occur first and a second authorization for
fieldwork related to the proposed significant new structures to follow at a later date
when structure details and locations are more firmly established. Field work for
roadways will take approximately two weeks to complete. Field work for the structures
will take approximately 2 days.
· Laboratory analyses for both the roadway and structures investigations are anticipated
to take approximately 7 to 10 working days following completion of their respective
fieldworks.
· We recognize the need to provide interim results. Therefore, we will make data and
results available on an interim basis to allow design to progress prior to final report
submittal.
· Final report(s) to be issued within five weeks following completion of fieldwork.
Closing
We appreciate the opportunity to prepare this proposal for the City of Corpus Christi and look
forward to working with you on this project. For further information or questions, please contact us
at (361) 882-5411 .
Sincerely,
FUGRO CONSULTANTS LP
By: Fugro Consultants GP LLC
Its sole general partner
By:
W. Chuck Rushing, P.E.
Branch Manager
Attachment
Copies Submitted: (2)
J:~1601-00-005
-4-
--@ --..-..--- ..---.-------- --.-.
Proposal No 1601-06-005
Attachment 1
Estimated Fee for Geotechnical Services
BA YFRONT DEVELOPMENT PLAN PHASE ONE
City of Corpus Christi Project # 6279
Corpus Chrsiti, Texas
Field Investigation
II!!!! unit unit cost Quantity ~
Mob/Demob of Drilling Rig & Drill Crew each $200.00 2 $400.00
Drilling and Soil Sampling ( 0 - 50' ) ft $12.00 652 $7,824.00
(6 @ 50' and 44 @ 8')
Asphalt I Concrete Cores each $140.00 30 $4,200.00
Project Professional (layout. oversight, 10f hr $90.00 16 $1,440.00
subtotal field: $13,864.00
laboratory Investigation
Item unit unit cost Quantity total
Water Content each $8.00 112 $896.00
Atterberg Limits each $50.00 68 $3,400.00
Percent Passing #200 Sieve (Washed) each $45.00 68 $3,060.00
Unconfined Compression each $55.00 12 $660.00
subtotal laboratory: $8,016.00
Engineering I Professional Services
item
Senior Project Professional
Project Professional
CAD Specialist
unit
hr
hr
hr
unit cost
$130.00
$90.00
$40.00
Quantity
24
80
4
!2!!!
$3,120.00
$7,200.00
$160.00
subtotal engineering: $10,480.00
TOTAL ESTIMATED FEE: $32,360.00
;:. \M;:'-':'C)ec -,vJ1 L /~A \t:'~nb'L::J.dVt.':1
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F.M 43
PROJECT NO. 6279
LoeA TION MAP
NOT TO SCALE
SA YFRONT DEVELOPMENT PLAN
PHASE 1
~
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.JPROJECT LOCA TIONI
CORPUS CHRISTI BAY
EXHIBIT "c"
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 03-28-2006
iJ
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9
AGENDA MEMORANDUM
March 28, 2006
SUBJECT: Emergency Recovery Operations - Pre-Positioned Contract Development
(Project No. 90043)
AGENDA ITEM:
Motion to authorize the City Manager, or his designee, to execute Amendment NO.3 with
Shiner, Moseley and Associates, Inc. in the amount of $30,000 for consulting services
associated with Pre-Planning of Emergency Recovery Operations.
ISSUE: In order to expedite post-hurricane recovery operations and maXimize
reimbursement from various disaster relief funds, it is essential that necessary plans and
contracts be developed and in place for rapid recovery response and to provide proper
documentation to support reimbursement requests from emergency funds.
FUNDING: Funding is available from the FY2005-2006 Operating Budget.
RECOMMENDATION: Approval of the ordinance and motion as presented.
r
~R ~".J Y~Y'~
ge R. Escobar, P. E
irector of Englneenng Services
~~5-.:l3-C~ dd~l7jl J-;)3-0(.,
Foster Crowell M)L Jeffrey Kaplan
Director of Wastewater Services U - Director of Solid Waste Services
E~ bpE.3("2-3~
Director of Water Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit B. Contract Summary
H :\HOME\KEVINS\GEN\HURRICAN\06MGMT\^AwdMemo.doc
ADDITIONAL INFORMATION
CONTRACT: The new contract provided for revisions in the current pre-positioned contract
documents to reflect experiences of other jurisdictions and changes in FEMA regulations.
Shiner Moseley will also coordinate with NAS Corpus Christi, the Corpus Christi
International Airport, FAA, FEMA Texas Commission on Environmental Quality and other
agencies to determine if any modifications to the Debris Reduction and Storage Site
Agreements are necessary. The contract also provided for a future phase to implement
preparedness services including the pre-positioned contracts and annual contract
management services associated with hurricane/disaster preparedness. These annual
management services are addressed through amendments for each hurricane season.
BACKGROUND: In order to expedite post-hurricane recovery operations and maximize
reimbursement from various disaster relief funds, it is essential that necessary plans and
contracts be developed and in place for rapid recovery response and to provide proper
documentation to support reimbursement requests from emergency funds.
A hurricane or other major disaster will result in a dramatic increase in City workloads. The
City will be required to continue normal operations while mobilizing all available resources
to conduct an effective and efficient disaster recovery operation. Therefore, it was found to
be to the City's advantage to identify, contract and pre-position the contract services that
will be required to undertake recovery efforts. This resulted in several pre-positioned
contracts being in place since the 1998 hurricane seasons.
Various pre-positioned recovery and damage assessment contracts were activated in 1999
as a result of Hurricane Bret. While the City suffered only limited damage, the recovery
actions were well coordinated. The pre-positioned contracts functioned as intended and
there was satisfaction with the contractors' responsiveness and the speed of recovery.
Council originally initiated pre-positioned contracts for hurricane and emergency recovery
operations in 1997. The contracts covered the 1998 through 2002 hurricane seasons. In
2003, a new contract was issued for contract management services, debris removal and
reduction, and hazardous materials collection and disposal.
PRIOR COUNCIL ACTIONS:
January 28. 2003 - Motion to authorize the City Manager, or his designee, to execute a
contract with Shiner, Moseley and Associates, Inc. in the amount of $80,000 for consulting
services associated with Pre-Planning of Emergency Recovery Operations (M2003-038).
June 16. 2003 - Motion authorizing the City Manager, or his designee, to execute a
contract to be activated only in the event of a hurricane or other disaster with D&J
Enterprises, Inc. of Auburn, Alabama for Debris Management: Clearing, Removal and
Disposal for Post Hurricane/Disaster Recovery Operations.
June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute a
contract, to be activated only in the event of a hurricane or other disaster, with Ash Britt
Environmental of Pompano Beach, Florida in the amount of $1,151,892 for the Collection,
I EXHIBIT A I
Page 1 of 2
H :\HOME\k EVINS\GE N\H U R RI CAN\06MGMT\^A WDBKG. EXAdoc
Characterization, and Disposal of Hazardous Waste during Post Hurricane/Disaster
Recovery Operations.
February 17. 2004 - Motion to authorize the City Manager. or his designee, to execute
Amendment NO.1 to the contract with Shiner, Moseley and Associates, Inc. in the amount
of $30,000 for consulting services associated with Pre-Planning of Emergency Recovery
Operations (M2004-056).
February 22. 2005 - Motion to authorize the City Manager, or his designee, to execute
Amendment NO.2 to the contract with Shiner, Moseley and Associates, Inc. in the amount
of $30,000 for consulting services associated with Pre-Planning of Emergency Recovery
Operations (M2004-056).
CONSULTANT: Shiner, Moseley and Associates, Inc. successfully completed the Pre-
Planning for the original contract (1997) and the management/training contracts for the
1998 through 2005 Hurricane Seasons.
ALTERNATIVES: Maintenance of pre-positioning contracts is the only viable method of
minimizing recovery time and assuring maximum recovery of expenditures from FEMA and
other reimbursements.
FUNDING: Funding IS available from the FY2005-2006 Annual Operating Budget.
Funding is being allocated to the Street, Solid Waste, Wastewater, and Water
Departments' based upon an estimate of the benefit that will accrue to the Departments.
Activation (Hurricane Approach Preparations) and Recovery Operations would be
authorized as an amendment only in the event of a hurricane or other disaster with the fee
being provided at that time.
IMPLEMENTATION SCHEDULE: The implementation schedule provides for all pre-
positioned contracts, all training sessions/exercises, and other tasks for the 2005 Hurricane
Season to be complete by June 1, 2005.
RECOMMENDATION: Approval of the motion as presented.
EXHIBIT A I
Page 2 of 2
H :IHOME\KEVINSIGENIHURRICANI06MGMT\^AWDBKG. EXA.doc
CONTRACT SUMMARY
Article I, Section 8. Additional Services is amended to read:
B. Additional Services
1 Contract Management - 2003 Hurricane Season Implementation;
2 Contract Management - 2004 Hurricane Season Implementation;
3. Contract Management - 2005 Hurricane Season Implementation;
4 Contract Management - 2006 Hurricane Season Implementation;
5 Contract Management - Future Hurricane Seasons Implementation;
6 Annual Contract Review - Review City's hurricane recovery and damage assessment
plans, confirm availability and capability of pre-positioned contractors and consultants,
establish contract price adjustments based on the Engineering News Record Cost
Index; provide training and exercises, plan and prepare for 2006 hurricane exercise;
and coordinate with the City to ensure that all information is current.
7 Restoration Contract Management - Subject to specific activation by City, manage the
execution of pre-positioned contracts
S fF
ummary 0 ees:
Tasks Description Fee
ORIGINAL CONTRACT
BASIC SERVICES
-. A Contract Development $65.000
>--, BASIC SERVICES SUBTOTAL $65 000
ADDITIONAL SERVICES
81 Contract ManaQement - 2003 Hurricane $15 000
!
I Annual Hurricane Season Implementation To Be
82 : Negotiated/Authorized
-.-----+.- .----.------.--.
To Be
B3 I Annual Contract ReView Negotiated/Authorized
-. I
I Management of Contractor Services To Be
84 Negotiated/Authorized
_.,.--- I -------.--.---
ADDITIONAL SERVICES SUBTOTAL $15 000
-- ..
ORGINAL CONTRACT TOTAL $80 000
_.
AMENDMENt No.1
Contract Management - 2004 Hurricane $30,000
B2a Season
--
- AMENDMENT No.1 TOTAL $30.000
~..
AMENDMENT No, 2
Contract Management - 2005 Hurricane
82a Season $30,000
L..-.
- -~--<-_.._._,-
AMENDMENT No.2 TOTAL $30,000
1--"'
AMENDMENT No.3
82a I Contract Management - 2006 Hurricane $30,000
Season
---.--
AMENDMENT No. 3 TOTAL $30,000
_....-._-~--,.-
TOTAL $170,000
L_ -,-'..---.-...--------.-.--
10
AGENDA MEMORANDUM
City Council Action Date: March 28, 2006
SUBJECT: City-wide Infiltration Related Collection System Enhancement Program
(Project No. 7344)
~NDA ITEM:
A. Ordinance appropriating $854,747 from the unappropriated interest earnings from
Wastewater 1995A CIP Fund 4242 for the City-wide Infiltration Related Collection
System Enhancement Program; amending capital budget adopted by Ordinance
No. 026188 by increasing appropriations by $854,747; and declaring an emergency.
B. Motion authorizing the City Manager, or his designee, to execute a Contract For
Professional Services with Earth Tech, Inc. from Austin, Texas in the amount of
$854,747 for City-wide Infiltration Related Collection System Enhancement
Program.
ISSUE: Work under the Collection System Rehabilitation Contract consists of a Sanitary
Sewer Evaluation Survey (SSES) to provide project scope and Preliminary, Design, Bid,
and\Construction Services as needed and required.
Deterioration of the City's Wastewater collection system allows infiltration and inflow of
water and foreign material into the system. This results in reduced line capacity and
manhole overflows potentially leading to non-compliance with environmental regulations.
The fee of the proposed Contract For Professional Services exceeds the minimum contract
amount of $25,000; and requires Council action.
FUNDING: Funds for this project are available from the FY 2004-2005 Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
r
~~ SI:l~)06
Director of Wastewater Services
3 ~ 'fJ-J
ge R. Escobar, P.E.
irector of Engineering Services
&!!fitional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:IUSERS2IHOMElVELMAPIGENIWASTEWA TER\734411 B EARTH TECHVlGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: City-wide Infiltration Related Collection System Enhancement Program
(project No. 7344)
CONTRACT: The proposed Contract consists of two (2) parts as follows:
· Part 1 - Wastewater Collection System Rehabilitation Contract - Work under this
task will review historical records for the past three (3) years which will determine
areas within the City of Corpus Christi wastewater system that are potentially
influencing system performance resulting in wastewater overflows or that require
repetitive maintenance activities. Rehabilitation design efforts by the Consultant will
include all methods available in the municipal wastewater construction area. This
task will
. Review existing records to assist with identifying areas that can be included in
the Collection System Rehabilitation Contract.
. Review the 'As-Built' Drawings of the wastewater in the areas where the
wastewater overflows occur.
. Review the City provided video tapes, records and any other data which may be
available to prepare the scope of rehabilitation work.
. Consultant will collect all information necessary, including depths of manholes
and if necessary get the topographic survey performed for the area where the
line rehabilitation work is to be done.
. Review the City's wastewater related Standard Specifications and revise them
appropriately to reflect the most current methodology and standards used and
approved by the U. S. Environmental Protection Agency (USEPA), Water
Environment Federation (WEF), Association of Metropolitan Sewerage Agencies
(AM SA) and any other related agencies.
. Coordinate design details with Engineering Services and Wastewater staff.
. Prepare and submit design reports to Texas Commission for Environmental
Quality (TCEQ) and Texas Water Development Board (TWDB).
. Part 2 - Allison Wastewater Treatment Plant Service Area Inflow-Infiltration (I-I) I
Sanitary Sewer Evaluation Survey (SSES) - The Allison Wastewater Treatment
Plant Basin is in need of a Sanitary Sewer Evaluation Survey (SSES). Deterioration
of the City's Wastewater Collection System allows infiltration and inflow of ground
water and foreign material into the system This results in reduced line capacity and
EXHIBIT "A"
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-; \USERS2\HOMF\VELMAP\GENIWAS fEWA [ERln.H1S f ARTH TEe hAGENDA BACKGROUND
manhole overflows potentially leading to non-compliance with environmental
regulations. Preliminary improvements are to have smoke testing (in a phased
approach, the proposed Contract will analyze the Basin in segments, with
approximately 200,000 linear feet), line cleaning and televising for condition reports
to determine the highest priority sections of the collection system. Reports that
enable the City to meet Capacity, Management, Operations, and Maintenance
(CMOM) requirements must be generated. Proposed improvements involve
installing flow monitors, rehabilitating collection lines and lining or reconstructing
manholes with fiberglass. This is an on-going program that continually provides
maintenance and improvements, as funding allows, for optimal performance and
integrity of the City's wastewater system. This will lead to required improvements to
limit infiltration and inflow as follows:
1 Data collection and review - Meet with City Staff to collect and review
existing data.
Project Status Updates:
· Project Kickoff Meetinq - Consultant team will facilitate a project kickoff
meeting to discuss project goals and objectives; project scope, schedule,
and deliverables; team member roles and responsibilities; lines of
communication; and key coordination issues.
· Project Status MeetinQs - During the course of the project, the Consultant
team will meet with City staff on the average of once a month to review
project status and discuss project issues. Consultant team will prepare
agenda and meeting minutes for each meeting. Approximately twelve
(12) project status meetings over the duration of the project shall occur
(approximately once per month). The Consultant will develop a project
schedule using Microsoft Project that shows activities and each sub-task
(by sub-task).
2. Prepare a Rehab Decision Tree - Prepare a Decision Tree to aid City staff
and the Engineer to determine the appropriate rehabilitation options for the
wastewater system. A Decision Tree that walks through the process of
determining which rehabilitation option is desirable would be prepared. The
Decision Tree could consider such items as severity of the defect,
environmental impacts, location of the defect (i. e. in alley, street, or creek)
and frequency of defects, typical rehabilitation costs, additional impacts on
the overall system, and City of Corpus Christi goals. Two decision trees will
be developed, one for Manholes and the other for Mainline Sewer.
3 CCTV Recommendations - Review collected Manhole and CCTV data and
use the Rehab Decision Tree to determine appropriate rehabilitation needs
for the Allison Basin study area.
EXHIBIT "A"
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HIUSERS21HOMEIVELMAPIGENIWASTEW II TER17344\1 B EARTH TECHIAGENDA BACKGROUND
4 Manhole Inspections
· Field inspection crews will perform an inspection of approximately 573
manholes. The data gathered during this phase of the project will be
used to prioritize manholes for rehabilitation and establish the base
data necessary to accurately determine mainline sewer rehabilitation
alternatives and costs (such as confirming line sizes, line depths, cover,
etc.)
· Other important deliverables resulting from this work task is the
updating of the GIS collection system map and determination of debris
levels in pipes. This information is critical in preparing subsequent
rehabilitation plans.
· Inspection personnel will use digital cameras during the inspection of all
manholes on this project. All photographs will be in a digital format and
included in the field inspection computer database so that a permanent
electronic record can be maintained.
. Field forms or approved equal, will be used to record field inspections.
During inspection, each of the following types of information will be
obtained to prioritize least cost repairs (Through additional services,
Consultant shall attempt to open all manholes):
1 Basin Designation
2 Manhole 10
3 I nspection Status
4. Street Address and GPS coordinate of manhole
5. Surface cover, grade, type of cover (paved, yard, etc.)
6 Material of construction - brick, concrete, etc.
7 Internal photo of manhole
8. Outgoing pipe depth from rim to invert
9. Debris depth
10. Defects - Active, Evidence or No Infiltrationllnflow
11. Field corrections to GIS collection system map
12. The casting / cone condition and manhole cover will be evaluated.
13. Manhole walls will be checked for integrity and signs of root
intrusion, deterioration of mortar joints, loose or missing bricks,
signs of surcharge level, etc.
14. The bottom of the manhole will be checked for type and depth of
debris, flow conditions through the manhole and any signs of
settlement that may impede achieving design flows.
15. All sewer lines entering and leaving each manhole will be
compared to existing maps and corrections will be noted. All
sewer line to manhole connections will be inspected to determine
if any manhole settlement has separated or sheared pipelines.
16. Incoming and outgoing pipeline will be digitally photographed to
document and determine the general condition of the line.
17. Any silt deposition that reduces flow capacity will be noted and silt
depth recorded. Observed defects (root intrusion, cracked pipe,
obstructions, etc.) will be documented and photographed.
EXHIBIT "A"
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. Upon completion of the manhole inspection, a prioritized manhole
rehabilitation summary will be prepared.
. Work Product:
1 Field observations
2 List of manholes/lines requiring immediate attention
3. Digital Photos
4 Documentation for preparing manhole rehabilitation bids
5 Prioritized cleaning recommendations to restore capacity
6 Field Updated Map and GPS coordinates
7. Prioritized Manhole Repair Recommendations and Cost Estimates
(Priority 1, 2, & 3 Rankings)
8. Manhole Inspection Reports
5. Temporary Flow Monitorina
. In order to perform a detailed analysis of infiltration/inflow, capacity
requirements and establish the baseline dry and wet weather flows within
the service area, it will be necessary to obtain flow monitoring information
during both dry and wet weather. Under ideal conditions, multiple rain
events of varying intensities will be monitored in order to accurately
assess the inflow response for each event. It is anticipated that a
maximum sixty (60) day flow monitoring will be performed during optimum
wet weather periods. The monitoring period may be extended beyond 60
days if inadequate rainfall occurs, but only upon the City's written
approval to extend the metering period for the unit price specified in the
contract. Table 1 presents the normal monthly rainfall for Corpus Christi.
Based on the project timing, it is anticipated that the April - June, 2006
period would be used for scheduling the temporary flow monitoring.
Information obtained during the monitoring period will be used to
determine the following:
1. Average daily flow - dry weather
2. Peak flow - dry weather
3. Average daily flow - wet weather
4. Peak flow - wet weather
5. Peak inflow rates
6. Total 1/1 volume
7. Capacity Analysis (dry and wet weather)
Table 1
Corpus Christi Rainfall
; Summary
Jan 1,71
Feb 1.96
Mar 0,94
Apr 1.72
May* 3.33
EXHIBIT" A"
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H:IUSERS2IHOMElVELMAPIGENIW ASTEW A TERI7344 \ 1 B EARTH TECHIAGENDA BACKGROUND
-
Jun* 3.38
Jul 2.39
Auq* 3.31
Sep* 5.52
Oct 3.02
Nov 1.59
Dee 1.26
Total 30.13
* Optimum wastewater flow monitoring periods.
. Meter Installation, Calibration and Data Collection - Each meter will be
field calibrated prior to installation. Calibration of each meter will
consist of a verification of the flow depth and velocity. The flow sensors
will be secured to a mounting band that fits securely in the pipeline.
The data logger for each site will then be installed and secured in the
top of each manhole and the meter will be activated at user defined
sampling intervals, typically 15 minutes. Routine maintenance and
service will be performed weekly to confirm standard operation. It is
estimated that five (5) continuous flow meters and three (3) rainfall
gauges will be installed for a 60 day period to obtain flow and rainfall
data. Note that the May-June period and August - September are the
optimum times to record wet weather flows.
6. Smoke Testing of the Study Area
. Smoke testing will provide detailed information on wet weather inflow
sources to be performed on 202,198 linear feet of pipeline, which will be
in the defined study area. In order to identify defects in the lines, a non-
toxic smoke will be forced into the sewer by high capacity blowers. Data
documentation will be sufficient to establish the location of each defect
and determine the best repair method and priority. Color digital
photographs will be taken to document each defect during the smoke
test. Field forms or approved equal, will be used to record smoke
testing data.
. Forty-eight (48) hours prior to testing, door hangers approved by the
City of Corpus Christi will be used to notify residents. A local telephone
number will be provided for those individuals with questions or for
anyone requiring special assistance. Each day the fire department will
be notified of the crew location since smoke may enter homes through
defective plumbing.
. This scope of services will identify inflow defects primarily on the
municipal mainline sewer, but also on private service lateral. Defects
on private property will be photographed and documented. GPS
coordinates for each defect will be recorded where possible (+or - 3
meters). This procedure will minimize the impact to residents yet
provide detailed information for the establishment of CCTV needs,
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"USER.s2iHOMfVELMA.P\C;ENW"SFWA.~ ER\734" 1B HRTH fECH\AGENDA BACKGROUND
prioritized repair plan and methods.
. Work Product:
1 Defects listing and database
2. Defect location sketch and GPS
3. Digital Photographs
4, Smoke Notification Flyers and Notification of Residents
5. Priority ranking of defects
6. Repair method and Estimated Cost
7. Dyed Water Testing
. Dyed water testing will be used to assist in the location and quantifying of
specific defects during the internal television inspection at an estimated
twenty-five (25) locations. Non toxic dye may be introduced as a powder
or liquid to assist in the field effort. Casting/Cone connections may be
dye tested to determine the potential severity and exact location of the
source of wet weather inflow. Cross-connections, roof drains and area
drains that are suspected of being connected to the wastewater will be
positively identified using the dye tracer procedure. Field documentation
and photographs will be used to record all findings.
DELlVERABLES:
. Part 1 - Wastewater Collection System Rehabilitation Contract - The deliverables
for Part 1 include the following:
Preliminary Phase - An Engineering Report recommending improvements. The
Engineering Report shall include:
. Confer with the City staff at the start of this phase regarding the design
parameters of the Project. The Engineer will participate in a minimum of three
(3) formal meeting(s) with City staff, provide agenda and purpose for each
formal meeting; document and distribute meeting minutes within seven (7)
working days of the meeting. The Consultant will discuss the project with the
operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and
other agencies, including but not limited to the Texas Department of
Transportation (TxDOT) and Texas Commission on Environmental Quality
(TCEQ) as required to satisfactorily complete the Project.
1. Review the Project with the respective Operating Department(s) and
discussions including clarification and definition of intent and execution of the
Project; The Consultant will meet with City staff to collect data, discuss
materials and methods of construction, and identify design and construction
requirements.
2. Review and investigate available records, archives, and pertinent data
related to the Project including taking photographs of the Project site, list of
EXHIBIT "A"
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H\USERS2\HOME\VELMAP\GEN\WASTEW^.TER\7344\1 B EARTH TECHIAGENDA BACKGROUND
potential problems and possible conflicts, intent of design, and improvements
required, and conformance to relevant Master Plan(s).
3. Identify results of site field investigation including site findings, existing
conditions, potential right of way/easements, and probable Project design
solutions (which are common to municipalities).
4. Provide a presentation of pertinent factors, sketches, designs, cross-
sections, and parameters which will or may impact the design, including
engineering design basis, preliminary layout sketches, identification of
needed additional services, preliminary details of construction of critical
elements, identification of needed permits, identification of specifications to
be used, identification of quality and quantity of materials of construction,
and other factors required for a professional design (constructability) and
submit a report.
5. Advise of environmental site evaluations and archeology reports that are
needed for the Project (Environmental Issues and Archeological Services to
be an Additional Service).
6. Identify and analyze requirements of governmental authorities having
jurisdiction to approve design of the Project including permitting,
environmental, historical, construction, and geotechnical issues; meet and
coordinate with agencies such as RT A, CDBG, USPS, CCISD, community
groups, TDLR etc.
7. Confer, discuss, and meet with City operating department(s) and Engineering
Services staff to produce a cohesive, well-defined proposed scope of design,
probable cost estimates(s) and design alternatives.
8. Provide a letter stating that the Consultant and Sub-consultant Engineers
have checked and reviewed all final submittals.
Desiqn Phase - Upon approval of the Preliminary Phase, designated by receiving
Authorization To Proceed, the Consultant will:
1 Study, verify, and implement Report recommendations including construction
sequencing, connections to the existing facilities, and restoration of property
and incorporate these plans into the construction plans. Development of the
construction sequencing will be coordinated with the City Operating
Department(s) and Engineering Services staff.
2 Prepare one (1) set of Construction Bid and Contract Documents in City format
(using City Standards as applicable), including Contract agreement forms,
general conditions and supplemental conditions, notice to bidders, instruction
to bidders, insurance, bond requirements, and preparation of other contract
and bid related items; specifications and drawings to fix and describe, for one
bid, the size and character of the entire Project; description of materials to be
utilized; and such other essentials as may be necessary for construction and
cost analysis.
3 Provide assistance to identify testing, handling and disposal of any hazardous
materials and/or contaminated soils that may be discovered during
construction (to be included under additional services).
EXHIBIT "A"
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4 Prepare final quantities and estimates of probable costs with the
recommended construction schedule. The construction schedule will provide a
phased approach to track progress and payments.
5 Furnish one (1) copy of the interim plans (plans only-identify needed
specifications) to the City staff for review and approval purposes with
estimates of probable construction costs. Identify distribution list for plans and
bid documents to all affected utilities including City and all other affected
entities. Required with the interim plans is a "Plan Executive Summary" which
will identify and summarize the project by distinguishing key elements such as:
. Pipe Size or Building Size
. Pipe Material, etc.
. Why one material is selected over another
. Pluses of selections
. ROW requirements and why
. Permit requirements and why
. Easement requirements and why
. Embedment type and why
. Constructability, etc.
. Specific requirements of the City
. Standard specifications
. Non-standard specifications
. Any unique requirements
. Cost, alternatives, etc.
. Owner permit requirements and status
6 Assimilate all review comments, modifications, additions / deletions and
proceed to next phase, upon Notice to Proceed.
7. Provide one (1) copy of pre-final plans and bid documents to the City staff for
review and approval purposes with revised estimates of probable costs.
Compile comments and incorporate any requirements into the plans and
specifications, and advise City of responding and non-responding participants.
8 Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that
submittal of the interim, pre-final, and final complete plans and complete bid
documents with specifications accurately reflect the percent completion
designated and do not necessitate an excessive amount of revision and
correction by City staff. The Consultant and Sub-consultant shall submit a
letter declaring that all engineering disciplines of all phases of the submittals
have been checked, reviewed, and are complete prior to submission, and
include signature of all disciplines including but not limited to structural, civil,
mechanical, electrical, etc.
9 Provide traffic controls including a Traffic Control Plan, illumination, markings
and striping, signalization, and as delineated by the City Traffic Engineering
Department.
10. Upon approval by the Director of Engineering Services, provide one (1) set
(hard copy and electronic) of final plans and contract documents suitable for
EXHIBIT "A"
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..;\USERS2IHOMEIVELMAPIGEN\W ASTEW" TERI7344\1 B EARTH TECHIAGENDA BACKGROUND
reproduction (in City format) and said bid documents henceforth become the
sole property and ownership of the City of Corpus Christi.
11 The City agrees that any modifications of the submitted final plans (for other
uses by the City) will be evidenced on the plans and be signed and sealed by a
professional engineer prior to re-use of modified plans.
12 Prepare and submit monthly status reports with action items developed from
monthly progress and review meetings.
13 Provide a Storm Water Pollution Prevention Plan, Best Management Practices
(BMP's), as required.
Bid Phase -
1. Participate in the pre-bid conference and provide a recommended agenda for
critical construction activities and elements impacted the project.
2. Assist the City in solicitation of bids by identification of prospective bidders,
and review of bids by solicited interests.
3. Review all pre-bid questions and submissions concerning the bid documents
and prepare, in the City's format, for the Engineering Services' approval, any
addenda or other revisions necessary to inform contractors of approved
changes prior to bidding.
4. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract.
5. In the event the lowest responsible bidder's bid exceeds the project budget as
revised by the Engineering Services in accordance with the Consultant's
design phase estimate required above, the Consultant will, at its expense
confer with City staff and make such revisions to the bid documents as the City
staff deems necessary to re-advertise that particular portion of the Project for
bids.
Construction Phase - The Consultant will perform contract administration to include
the following:
1 . Participate in pre-construction meeting conference and provide a
recommended agenda for critical construction activities and elements
impacted the project.
2. Review for conformance to contract documents, shop and working drawings,
materials and other submittals.
3. Review field and laboratory tests.
4. Provide interpretations and clarifications of the contract documents for the
contractor and authorize required changes, which do not affect the contractor's
price and are not contrary to the general interest of the City under the contract.
5. Make regular visits to the site of the Project to confer with the City project
inspector and contractor to observe the general progress and quality of work,
and to determine, in general, if the work is being done in accordance with the
contract documents. This will not be confused with the project representative
observation or continuous monitoring of the progress of construction.
6. Prepare change orders as authorized by the City (coordinate with the City's
construction division); provide interpretations and clarifications ofthe plans and
specifications for the contractor and authorize minor changes which do not
EXHIBIT "A"
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.j .USERS7\HOMFVELMAPV,FMWASTEWI" ER\734.;'1B f"RTH ITCH'AGENDA BACKGRC'UND
affect the contractor's price and are not contrary to the general interest of the
City under the contract.
7 Make final Inspection with City staff and provide the City with a Certificate of
Completion for the project.
8 Review construction "red-line" drawings, prepare record drawings of the
Project as constructed (from the "red-line" drawings, inspection, and the
contractor provided plans) and deliver to the Engineering Services a
reproducible set and electronic file (AutoCAD r.14 or earlier and .pdf) of the
record drawings. All drawings will be CADD drawn using dwg format in
AutoCAD, and graphics data will be in dxf format with each layer being
provided in a separate file. Attribute data will be provided in ASCII format in
tabular form. All electronic data will be compatible with the City GIS system.
. Part 2 - Allison Wastewater Treatment Plant Service Area Inflow-Infiltration (I-I) I
Sanitary Sewer Evaluation Survey (SSES) - The deliverables for Part 2 include a
Technical Memorandum with an executive summary, opinion of probable
construction costs, defined technical evaluations of identified feasible alternatives,
and review with City staff to produce an acceptable format. This Technical
Memorandum will correlate with CCTV Report for ease of use by the Wastewater
Department, and will include the following (with constructability being a major
element in all of the following items):
1 Review of the Project with the respective Operating Department(s) and
discussions including clarification and definition of intent and execution of the
Project; the Consultant will meet with City staff to collect data, discuss
materials and methods of construction, and identify design and construction
requirements.
2 Review and investigation of available records, archives, and pertinent data
related to the Project including taking photographs of the Project site, list of
potential problems and possible conflicts, intent of design, and improvements
required, and conformance to relevant Master Plan(s).
3 Identify results of site field investigation including site findings, existing
conditions, potential right of way/easements, and probable Project design
solutions (which are common to municipalities).
4 Provide a presentation of pertinent factors, sketches, designs, cross-sections,
and parameters which will or may impact the design, including engineering
design basis, preliminary layout sketches, identification of needed additional
services, preliminary details of construction of critical elements, identification of
needed permits, identification of specifications to be used, identification of
quality and quantity of materials of construction, and other factors required for
a professional design (constructability).
5 Confer, discuss, and meet with City operating department(s) and Engineering
Services staff to produce a cohesive, well-defined proposed scope of design,
probable cost estimates(s) and design alternatives.
6 Provide a letter stating that the Consultant and Sub-Consultant Engineers
have checked and reviewed the Technical Memorandum prior to submission.
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CONTRACT SUMMARY/FEE: A Contract Summary and fee is attached as Exhibit "B."
FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as
required' and amendment of the Wastewater Master Plan.
PRIOR COUNCIL ACTION:
1. March 29, 2005 - Approving the FY 2005 Capital Budget in the amount of
$178,074,800 (Ordinance No. 026188).
PRIOR ADMINISTRATIVE ACTION:
1. April 1, 2005 - Distribution of Request for Qualifications (RFQ) No. 2005-01
Wastewater and Parks and Recreation Projects to 189 engineering firms (76 local
and 113 non-local).
2. April 27, 2005 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2005-
01 Wastewater and Parks and Recreation Projects to 189 engineering firms (76
local and 113 non-local).
EXHIBIT "A"
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CONTRACT SUMMARY
CITY-WIDE INFilTRATION RELATED
COLLECTION SYSTEM ENHANCEMENT PROGRAM
(Project No. 7344)
1. SCOPE OF PROJECT
Wastewater Collection System Rehabilitation Contract - Review Sanitary Sewer Evaluation Survey
(SSES) and meet with Wastewater Department to provide scope for Collection System Rehabilitation Contract
and provide Preliminary, Design, Bid, and Construction Services as needed and required. Provide
Engineering Report with updated cost, schedule, and recommendations. City will designate areas to be
evaluated; AlE to rovide rioritized sco e for rehabilitation.
Allison Wastewater Treatment Plant Service Area Inflow-Infiltration (I-I)/Sanitarv Sewer Evaluation
Survey (SSES) - Deterioration of the City's Wastewater collection system allows infiltration and inflow of water
and foreign material into the system. This results in reduced line capacity and manhole overflows potentially
leading to non-compliance with environmental regulations. Preliminary improvements are to have smoke
testing, line cleaning and televising for condition reports to determine the highest priority sections of the
collection system. Reports that enable the City to meet Capacity, Management, Operations, and Maintenance
(CMOM) requirements must be generated. Proposed improvements involve installing flow monitors,
rehabilitating collection lines and lining or reconstructing manholes with fiberglass. This is an on-going
program that continually provides maintenance and improvements, as funding allows, for optimal performance
and integrity of the City's wastewater system. This will lead to required improvements to limit infiltration and
Inflow.
2. SCHEDULE
PART 1 - WASTEWATER COLLECTION SYSTEM REHABILITATION CONTRACT
DAY DATE ACTIVITY
Wednesday March 29, 2006 Begin Preliminary Phase - Engineering Report
Tuesday April 18, 2006 Submit Draft
Tuesday May 2, 2006 City Review
Tuesday May 16, 2006 Submit Final
Tuesday May 23,2006 Begin Design Phase
Tuesday June 20,2006 Interim Submittal
Wednesday July 5, 2006 City Review
Tuesday July 18, 2006 Pre-Final Submittal
Tuesday August 1,2006 City Review
Tuesday August 15,2006 Final Submittal
Monday (2) September 4,2006 Advertise for Bids
Tuesday September 19, 2006 Pre-Bid Conference
Wednesday September 27, 2006 Receive Bids
Tuesday October 10, 2006 Award Construction
Monday November 20, 2006 Begin Construction
Weekday Construction Completion
H:\USERS2\HOMEIVELMAP\GEN'WASTEW,l fER\7344\1 B EART H TECH\CONTRACT SUMMARY
PART 2 - ALLISON WASTEWATER TREATMENT PLANT SERVICE AREA I-II SSES
DAY DATE ACTIVITY
Wednesday March 29, 2006 Begin SSES Investigation
Monday November 27, 2006 Submit Draft Report
Monday December 11, 2006 City Review and Revisions
Thursday December 21, 2006 Pre-Final Submittal
Monday January 8, 2007 City Review and Revisions
Monday January 15, 2007 Final Report Submittal
Monday TBD Advertise for Bids
Tue/WedlThu TBD Pre-Bid Conference
Wednesday TBD Receive Bids
Monday TBD Begin Construction
Weekday TBD Construction Completion
3. FEES
_._.._.._--- -_. .-., -.,'--.----
PART 1 PART 2
COLLECTION ALLISON WWTP TOTAL
SYSTEM REHAB I-II SSES
f- CONTRACT (STAGE 1)
---_..._.,-_._"----~..__. ------
i
I Fee for Basic Services '-"-^
I 1. Preliminary Phase -"-- f--- $30,469.00 $96,536.00 $127,005.00
! 2 DesiQn Phase 71,188.00 0.00 71,188.00
r . -- -- .._-- f---
i 3. Bid Phase 12,442.00 0.00 12,442.00
,. Construction Phase 124,514.00 0.00
i 4. 124,514.00
I Subtotal Basic Services .. 238,613.00 $96,536.00 335,149.00
i
i Fee for Additional Services
I .._..-
1. PermittinQ TBD TBD TBD
! .--
2. ROW Acquisition Surv~__ 1-- TBD TBD TBD
3. Topographic Survey TBD 48,705.00 48,705.00
~ 4. Environmental Issues TBD TBD TBD
5. CCTV and Line Cleaning TBD 269,458.00 269,458.00
, 6. Construction Observation Services TBD TBD TBD
; 7. I-II SSES Project Coordination 10,000.00 TBD 10,000.00
~ 8. Warranty Phase TBD TBD TBD
9. Expose / Uncover Buried Manholes TBD 10,000.00 10,000.00
and Cold Patch (Allowance)
r 10. Traffic Control Plans 15,000.00 5,000.00 20,000.00
I 11. Manhole Inspections (573 MHs) TBD 54,435.00 54,435.00
! 12. Smoke TestinQ (202,198 LF) TBD 70,000.00 70,000.00
i 13. Dyed Water Testing (25 Tests) TBD 6,000.00 6,000.00
114. Temporary Flow Monitoring TBD 31,000.00 31,000.00
(5 Sites / 60 Days)
Subtotal Additional Services 25,000.00 494,598.00 519,598.00
..-
.--- $263,613.00 $591,134.00 $854,747.00
Total Authorized Fee
._0"__'--- __
>i ,USERS2\HOMEWELMAPII,ENWVAS I EWA 'ER\734J1 B t ARTH TECH-CONTRACT SUMMARY
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PROJECT LOCA TION
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LOCATION MAP
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SERVICE AREA
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LOCATION MAP
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CITY PROJECT No. 7344
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EXHIBIT "C"
CITY-WIDE INFIL TRA TION RELA TED
COLLECTION SYSTEM ENHANCEMENT
AREA 1
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 5
DATE: 03-03-2006
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CITY PROJECT No. 7344
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EXHIBIT IICn
aN-WIDEWF~TRAnONRELATED
COLLECTION SYSTEM ENHANCEMENT
AREA 2
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 5
DATE: 03-03-2006
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EXHIBIT "C"
arr-WIDEmF~ffiAnONRaA~D
COLLECTION SYSTEM ENHANCEMENT
AREA 3
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 3 of 5
DATE: 03-05-2006
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LOCATION MAP
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EXHIBIT "C"
CITY-WIDE INFIL TRA TION RELA TED
COLLECTION SYSTEM ENHANCEMENT
AREA 4
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 4 of 5
DATE: 03-05-2006
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LOCATION MAP
NOT TO SCALE
EXHIBIT "c"
aT~WIDEmF~TRAnONRELATED
COLLECTION SYSTEM ENHANCEMENT
AREA 5
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 5 of 5
DATE: 03-05-2006
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ORDINANCE
APPROPRIATING $854,747 FROM THE UNAPPROPRIATED
INTEREST EARNINGS FROM WASTEWATER 1995A CIP FUND
NO. 4242 FOR THE CITY-WIDE INFILTRATION RELATED
COLLECTION SYSTEM ENHANCEMENT PROGRAM;
AMENDING FY 04-05 CAPITAL BUDGET ADOPTED BY
ORDINANCE NO. 026188 BY INCREASING APPROPRIATIONS
BY $854,747.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Appropriating $854,747 from the unappropriated interest earnings
from Wastewater 1995A CIP Fund No. 4242 for the city-wide infiltration related
collection system enhancement program.
SECTION 2. Amending FY 04-05 Capital Budget adopted by Ordinance No.
026188 by increasing appropriations by $854,747.00
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 March, 2006
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: March 23 ,2006
rf~~
Lisa Aguilar .
Senior Assistant City Attorney
For City Attorney
ORD Appro 4 Infiltration colletion lIa
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
11
AGENDA MEMORANDUM
DATE: March 28, 2006
SUBJECT: O. N. Stevens Water Treatment Plant High Service No.7 Pump and Motor
Assembly Rehabilitation - FY 2005 (Project No. 8544)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract in the amount of $87,188 with Excel Pump and Machine, Inc. of
Corpus Christi, Texas for the O. N. Stevens Water Treatment Plant High Service No.7
Pump and Motor Assembly.
ISSUE: High Service NO.7 Pump and Motor Assembly is a high use pump unit at the O.
N. Stevens Water Treatment Plant. Electric testing equipment has indicated that there is a
problem with High Service No. 7 Pump and Motor Assembly. The proposed project will
result in the identification ofthese motor problems and its correction. The down time ofthe
pump unit will be utilized to also check the condition of the pump and to make any
necessary repairs or parts replacement now. The total fee of $87,188 exceeds the
$25,000 contract limit; and requires City Council approval.
FUNDING: Funds for this project are available in the FY 2005-2006 Water Capital
Operating Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
/
Ed~~ E. 3j2>/~
~ZUirector of Water Department
.l ~ '(76
e R. Escobar, P. E.,
Irector of Engineering Services
~tional Support MaJerial:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tabulation
Exhibit "0" Location Map
H :\USERS2\HOMEIVELMAP\GEN\W A TER\ONSWTP\8544\AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: O. N. Stevens Water Treatment Plant High Service NO.7 Pump and Motor
Assembly (Project No. 8544)
PROJECT BACKGROUND: High Service No. 7 Pump and Motor Assembly is a high
use pump unit at the 0 N. Stevens Water Treatment Plant. Electric testing equipment
has indicated that there is a problem with High Service No. 7 Pump and Motor
Assembly. The proposed project will result in the identification of these motor problems
and its correction. Also, the down time of the pump unit will be utilized to check the
condition of the pump and to make any necessary repairs or replace parts.
PROJECT DESCRIPTION: The proposed project consists of the repair of the pump
and motor, re-certification and testing of the pump and motor assembly and submittal of
the required documentation in accordance with the plans, specifications, and contract
documents.
BID INFORMATION: Bids were received on February 1, 2006 with two (2) bidders
submitting proposals, Excel Pump and Machine, Inc. and CD Electric. The bid proposal
was set up with a Base Bid. The bids range as follows:
Excel Pump and Machine, Inc.
CD Electric
$87,188.00
$288,000.00
The Proposals were analyzed to determine the applicability of Section B, paragraphs B-
2-13 Irregular Proposals, and paragraph B-2-14 Rejection of Proposals. The issue
concerns a possibility of unbalanced value of bids, in particular, the use of unit prices or
lump sum prices for the individual bid items. Discussions with both of the Proposers
have revealed that both companies proposed unit prices and did not extend the unit
prices for the quantities of items in the pump. The Consultant has reviewed the unit
prices and extended the prices for the actual quantities and find the following:
.-------.-----r- Adjustments for actual quantities,
I
I Proposal assuming the worst case situation, in
I that selected parts are not repairable
I and must be replaced with new parts
Excel Pump and Machine, Inc. $87,188.00 $108,080.00
CD Electric $288,000.00 $342,250.00
-,..-"
The change order limit by state statute is 25% of the contract price; therefore, if a
contract was entered into with Excel Pump and Machine, Inc. for $87,188, the maximum
change order value is $21,797, for a total projected contract price of $108,985. This
EXHIBIT "A"
Page 1 of 2
~ 'USERS2\HOME\\fELMAPIGEN\W AT F R\O~ SWTP\B'A4W ;ENDA. BACK GROUND
amount is greater than the project maximum contract value of $108,080; therefore, the
contract is within limits.
CD Electric has asked numerous questions concerning the ability of Excel Pump and
Machine, Inc. to bond the proposed project and executing the project in accordance with
the proposed project's contract provisions. Excel Pump and Machine, Inc. has
successfully completed numerous projects at the O. N. Stevens Water Treatment Plant.
City staff has confirmed with the bonding company and has a valid bid bond and
received assurance that a proper payment and performance bond will be issued
pending award of the contract. Therefore, the City's consultant, Patterson Engineer's,
Inc., and City staff recommend awarding the Base Bid in the amount of $87,188 to
Excel Pump and Machine, Inc
CONTRACT TERMS: The contract specifies that the working time for completion is
ninety (90) calendar days. Anticipated project completion is by the end of July 2006.
FUNDING: Funds for this project are available in the FY 2005-2006 Water Capital
Operating Budget.
PRIOR COUNCIL ACTION:
1. Julv 26. 2005 - Appropriation of the Fiscal Year 2005-2006 Capital Operating
Budget (Ordinance No. 026385).
PRIOR ADMINISTRATIVE ACTION:
1. June 28. 2005 - Executed Small AlE Agreement with Patterson Engineers, Inc.
in the amount of $24,500 for the O. N. Stevens Water Treatment Plant High
Service No. 7 Pump and Motor Assembly.
EXHIBIT "A"
Pa e 2 of 2
H:IUSERS2\HOMElVELMAPIGENIWATERIONSWTPI8544\AGENDA BACKGROUND
O. N. STEVENS WATER TREATMENT PLANT
HIGH SERVICE NO.7 PUMP AND MOTOR ASSEMBLY
(Project No. 8544)
March 28, 2006
FUNDS AVAILABLE:
Water Operating.. ...
FUNDS REQUIRED:
Construction (Excel Pump and Machine, Inc.)............
Contingencies (25%).. .............. .............. .........
Consultant {Patterson Engineers, Inc.)... .. ............
Major Projects Activity. ..
Construction Inspection Activity
Printing. . . .
Advertising.
T ota I. .. . ..
H:' USERS2\HOME'VEL MAPIGENIWA TERIONSWTp.S544\PRCJEC r BUDGET
$142,385.00
$87,188.00
21,797.00
24,500.00
2,500.00
5,400.00
500.00
500.00
$142,385.00
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 1 of 2
TABULATED BY Angel R Escobar, P.E, Director of Engineering Services
Date: 2/1 f2OO6 Time of Completion: Engineers Esttmate:
90 Calender Days $200,000
O.N. Stevens Water Treatment Plant High
Service No. 7 Pump and Motor Assembly Excel CD Electric
RehablIltatlon - FY 2005 Prolect No. 8544 Pump
Item OescrIDtIon Qtv. Unit Unit Price Amount Unit Price Amount
O.N. Stevens Water Treatment Plant, High Service
NO.7 Pump and Motor Assembly Rehabilitation _ Fy
2005 consists of the repair of the pump and motor,
recertification and testing of the pump/motor assemble,
and submittal of the required documentation in
accordance with the plans, specifications, and contract
documents
Item M-1 Perform initial site inspection, remove and transport
motor to shop, open and inspect, recondition and test
motor. transport to city facility, test and provide report; $11,~ $31,500
-' . .L op-r 1 LS
Item M-2 Additional cost to rewind motor; complete in place per
lumn sum. 1 LS $9,411 $14,500
Item M-3 Additional cost to machine endbeft for drive end bearing;
comDlete in olace oer lumo sum. 1 LS $588 $1,00<:
Item M-4 Additional cost to machine endbell for opposite drive end
bearil1ll. comDlete In Dlace oer IumD sum. 1 lS $823 $1,500
Item M-5 Adcfrtlonal cost to provide new sleeve bearing as
aDDlicable' comolete in nlace Der IumD sum. 1 lS S500 N/A
Item M-6 Adcfrtional cost to machine shaft; complete in place per
lumo sum. 1 LS $1,411 $1,000
Sub-Total Bid for Motor Repair $24,027 $49,&00
-
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 2 of 2
TABULATED BY: Angel R Escobar, P.E DIrector or Engineering Services
Date. 21112006 Time of Completion: Engineers Estimate:
90 Calendar Days $200,000
O.N. Steyens Water Treatment Plant High
Service No. 7 Pump and Motor Assembly Excel CD Electric
Pump
Rehabilitation. FY 2005 Project No. 8544
Item P-1 Remove pump, transport to shop; disassemble, inspect;
record all dimensions; complete repair
recommendations; clean all parts-complete; complete
pumping data sheets T -1fT -5; replace external fasteners;
reassemble pump; verify all clearances - provide new
bearings, provide new shaft sleeves, lubricants; provide
new packing/seal, provide new gaskets; clean and paint
pump and base, straighten, and reinstall all guards;
transport to city facUity; instal pump; clean and lubricate
shaft/motor coupling; perform test with data sheets;
complete in place per lump sum.
1 LS $26.257 $78,50(
Item P-2 Additional cost to straighten shaft, each; complete in
olace oer Iumo sum. 1 LS $500 $3.25C
Item P-3 Additional cost to provide new shaft, each; complete in
olace oer Iumo sum. 1 LS $1.214 $6~5OC
Item P-4 Additional cost to machine wear ring, each; complete in
olace Der Iumo sum. 1 LS $500 $5,(1()(
Item P-5 Additional cost to provide new wear ring, each; complete
in Dlace oer Iumo sum. 1 LS $750 $1 O,()()(
Item P-6 Additional cost to machine seal chambers; complete in
IDlace oer Iumo sum. 1 LS $640 $3,75C
Item P-7 Additional cost to provide new packing follower;
complete in place per lump sum. 1 LS $700 $3,OOC
ItemP-8 Additional cost to machine and repair re-useable
Imoeller each. complete in olace oer lumo sum. 1 LS $2,400 $20,000
Item P-9 Provide new impeller, each; complete in place per lump
lsum. 1 LS $15,000 $40, (I()(
Item P-lO Provide new shaft guard; complete in place per lump
sum. 1 LS N/A N1A
Item P-11 Provide splash guards; complete in place per lump sum.
1 LS N/A N/A
Item P-12 Provide repair of vertical pump columns, each, flange
and SDvder' comolete in olace oer lump sum. 1 LS $2,800 $10,OOC
Item P-13 Provide new vertical pump column, each; complete in
Imace oerlumo sum. 1 LS $4,000 $10JOOO
Item P-14 Provide new verncal pump shaft coupling, each;
comDlete in olace oer lumo sum. 1 LS $400 $1 JOOC
Item P-15 Provide repairs to pump body castings; complete in
Place oer lumo sum. 1 LS $2,900 $25.00c
Item P-16 Provide repairs to base plate and re-grouting of pump
base: comDfete in olace Der lumo sum. 1 LS $2,500 $12,SOC
Item P-17 Provide repairs to motor/pump couping; complete in
Imea oer lumo sum. 1 LS $100 $4,OOC
Item P-18 Provide new motor/pump couplng; complete in place per
Iumo sum. 1 LS $2.500 $6,OOC
--. Sub-Total Bid for Motor Repair $63,181 $238,100
Total Base Bid (M-1 thru M.f + P-i thru P-18) $87,188 $288,000
EXHIBIT "C" I
Page 2 of 2
,Mprl'Jec (\ c ouncilexhiblts \ exh8544.awg
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o N STEVENS WA TER
TREA TMENT PLANT
LOeA T/ON
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RIVER
LOCA TION MAP
NOT TO SCALE
PROJECT No. 8544
EXHIBIT "D"
O.N. STEVENS WA TER TREA TMENT PLANT
HIGH SERVICE PUMP NO. 7 AND MOTOR
ASSEMBL Y REHAB/LITA TION FY 2005
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 03/22/2006
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12
CITY COUNCIL
AGENDA MEMORANDUM
March 28,2006
Agenda Item: Ordinance abandoning and vacating a 4,792-square foot portion of a 20-
foot wide utility easement out of block B-2C, Cullen Place; located east of Airline Road
public right-of-way and approximately 300 feet south of the Alameda Drive public right-
of-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 for the future
construction of a Navy Army Federal Credit Union building 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.
~ICP
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:
The NRP Group, is requesting the abandonment and vacation of a 4,792-square foot
portion of a 20-foot wide utility easement out of Block B-2C, Cullen Place, to eliminate an
existing conflict with the proposed construction of a Navy Army Federal Credit Union within
the site. The easement to be abandoned and vacated is located in a "B-1" Neighborhood
Business District
All public and franchised utilities were contacted. Wastewater Department has an existing
8" sanitary sewer line that is required to be abandoned and removed and the existing
sanitary sewer manhole relocated at owner's expense. Owner must prepare and submit a
set of construction plans for the sanitary sewer line abandonment and removal and the
manhole relocation, prior to commencing construction for approval. Gas Department has
an existing 2" gas line that will be abandoned in place at owner's expense. 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 $16.875.00 for the abandonment
and vacation of a 4,792-square foot portion of a 20-foot wide utility easement. The owner
has been advised of and concurs with the conditions of the easement abandonment and
vacation
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: March 21, 2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 28. 2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 4, 792-square foot portion of a 20-foot wide utility easement out of Block
B-2C, Cullen Place, located east of the Airline Road public right-of-way and approximately 300 feet south of
the Alameda Drive public right-of-way; requiring the owner Navy Army Federal Credit Union, to comply with the
specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 64, Page 294, and Volume 1012, Page 268, of the Map Records of
Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1 ) That the Owner pay the fair market value of $16,875.00 for the abandonment and vacation of
the totaI4,792-square foot portion of a 20-foot wide utility easement.
2) Gas Department has an existing 2" gas line that will be abandoned in place at owner's
expense.
3) Wastewater Department has an existing 8" sanitary sewer line that is required to be
abandoned and removed and the existing sanitary sewer manhole relocated at owner's
expense. Owner must prepare and submit a set of construction plans for the sanitary sewer
line abandonment and removal and the manhole relocation, prior to commencing
construction for approval.
4) SBC will seek reimbursement if adjustments to their facilities become necessary.
5) 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.
6) Owner must comply with all the specified conditions of the ordinance within 180 days of
Council approval.
REQUESTED BY:
DATE: 3'2~-dp
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 4,792-SQUARE fOOT PORTION Of
20-fOOT WIDE UTILITY EASEMENT OUT Of BLOCK B-2C,CULLEN
PLACE; LOCATED EAST OF AIRLINE ROAD PUBLIC RIGHT-Of-WAY
AND APPROXIMATELY 300 fEET SOUTH Of THE ALAMEDA DRIVE
PUBLIC RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 4,792-square foot portion of the 20-foot wide utility easement out
ot Block B-2C, Cullen Place, plat recorded in Volume 64, Page 294 and Volume 1012,
Page 268, Map Records of Nueces County, Texas, located east ot the Airtine Road
public right-of-way and approximately 300 feet south of Alameda Drive public right-ot-
way, that Navy Army Federal Credit Union is requesting to have abandoned and
vacated as a utility easement to allow for development of the property; 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 20-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 4,792-square foot portion of the 20-foot wide utility easement out
ot Block B-2C, Cullen Place, plat recorded in Volume 64, Page 294 and Volume 1012,
Page 268, Map Records of Nueces County, Texas, located east of the Airline Road
public right-of-way and approximately 300 feet south of Alameda Drive public right-of-
way, is abandoned and vacated for public use as a utility easement (described on
attachment hereto), subject to Navy Army Federal Credit Union's, compliance with the
following specified conditions as part of the abandonment and vacation:
1) That the Owner pay the fair market value of $16,875 for the abandonment
and vacation of the total 4,792-square foot portion of the 20-foot wide utility
easement.
2) Gas Department has an existing 2" gas line that will have to be abandoned in
place at owner's expense.
3) Wastewater Department has an existing 8" sanitary sewer line that will have
to be relocated at owner's expense. Owner must prepare and submit a set of
construction plans for the sewer line abandonment and removal and the
manhole relocation prior to commencing construction for Wastewater
Department's approval.
4) sac had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
H:Leg/garyws/agenda/2006/03-28/Cullen Place easement abandon
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
survey, abstracted for all easements and items of record, must be submitted
to the Director of Development Services.
6) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
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 28th day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March 23, 2006.
Henry Garrett
Mayor, City of Corpus Christi
=~
Assistant City Attorney
For City Attorney
H:Leg/garyws/agenda/2006/03-28/Cullen Place 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. 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, 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/garywsJagenda/2006/03-28/Cullen Place easement abandon
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EXHIBIT C
13
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 2006
Agenda Item: Ordinance abandoning and vacating a 22,944-square foot portion of a
15-foot wide utility easement out of Lot 2, West Park Addition; located between the
North Padre Island Drive (SH 358) public right-of-way and the McBride Lane public
right-of-way, north of Hampshire Road public right-of-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 for the future
construction of a new housing development 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.A. HOlly,\AICP
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:
The NRP Group, is requesting the abandonment and vacation of a 22,944-square foot
portion of a 15-foot wide utility easement out of Lot 2, West Park Addition, to eliminate an
existing conflict with the proposed construction of a housing development within the site.
The easement to be abandoned and vacated is located in a "B-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. SBe 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 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 21,2006
TO THE CITY MANAGER OF THE CITY aQOF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 28. 2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 22,944-square foot portion of a 15-foot wide utility easement out of Lot
2, West Park Addition, located between the North Padre Island Drive (SH 358) public right-of-way and the
McBride Lane public right-of-way, north of the Hampshire Road public right-of-way; requiring the owner The
NRP Group, to comply with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 65, Pages 11-12, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) 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).
2) AEP will seek reimbursement if adjustments to their facilities become necessary.
3) SBC will seek reimbursement if adjustments to their facilities become necessary.
4) 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.
5) 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.z'3'OCo
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 22,944-SQUARE FOOT PORTION
OF 15-FOOT WIDE UTILITY EASEMENT OUT OF LOT 2, WEST PARK
ADDITION; LOCATED BETWEEN THE NORTH PADRE ISLAND DRIVE
(SH 358) PUBLIC RIGHT-OF-WAY AND THE MCBRIDE LANE PUBLIC
RIGHT-OF-WAY, NORTH OF HAMPSHIRE ROAD PUBLIC RIGHT-OF-
WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 22,944-square foot portion of the 15-foot wide utility easement
out of Lot 2, West Park Addition, plat recorded in Volume 65, Page2 11-12, Map
Records of Nueces County, Texas, located between the North Padre Island Drive (SH
358) public right-of-way and the McBride Lane public right-of-way, north of the
Hampshire Road public right-of-way, that The NRP Group is requesting to have
abandoned and vacated as a utility easement to allow for development of the property;
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 22,944-square foot portion of the 15-foot wide utility easement
out of Lot 2, West Park Addition, plat recorded in Volume 65, Pages 11-12, Map
Records of Nueces County, Texas, located between the North Padre Island Drive (SH
358) public right-of-way and the McBride Lane public right-of-way, north of the
Hampshire Road public right-of-way, is abandoned and vacated for public use as a
utility easement (described on attachment hereto), subject to The NRP Group'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 be waived,
because Owner dedicated that portion of the easement being abandoned,
according to Texas Local Government Code, Sec. 272.001(b).
2) AEP had no objections, and will seek reimbursement if adjustments to their
facilities become necessary.
3) SBC had no objections, and will seek reimbursement if adjustments to their
facilities become necessary.
4) 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
H:Leg/garyws/agenda/2006/03-28/West Park easement abandon
property Map Records of Nueces County, Texas, in which the property is
located. Prior to building pennit 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.
5) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
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 28t1l day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March 23, 2006.
Henry Garrett
Mayor, City of Corpus Christi
~ltt"lm~
G ry . Smith
Assistant City Attorney
For City Attorney
H:Leg/garyws/agenda/2006/03-28/West Park 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. 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, 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/2006/03-28/West Park easement abandon
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14
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 2006
AGENDA ITEM: Ordinance abandoning and vacating a 290-square foot portion of 15-foot
wide utility easement out of Lot 18, Block 2, South Fork Unit 5; located at 3202 Quail Creek
Drive, approximately 365 feet southwest of the Dove Hollow Drive and Quail Creek Drive
intersection; subject to compliance with the specified conditions; and declaring 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,
~
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 290-square
foot portion of a 15-foot wide utility easement out of Lot 18, Block 2, South Fork Unit 5,
located at 3202 Quail Creek Drive, approximately 365 feet southwest of the Dove Hollow
Drive and Quail Creek Drive intersection, in order to correct an encroachment into the
easement by a residential structure. The easement to be abandoned and vacated is
iocated in an "R-1 B" one-family dwelling district.
The house slab on-grade foundation has a minimum 3-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 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. TimeWarner had no objections, but will
seek reimbursement if adjustments to their facilities become necessary. 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 any 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: B.A. Holly, AICP, Director of Development Services
DATE: March 20,2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 28,2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 290-square foot portion of 15-foot wide utility easement out of Lot 18, Block 2,
South Fork Unit 5; located at 3202 Quail Creek Drive, approximately 365 feet southwest of the Dove Hollow Drive and
Quail Creek Drive intersection; subject to compliance with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 64, Pages 202-204, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. That payment offair 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).
2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the
utility easement and the maintenance of any public utilities in 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 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 any utility installations within the easement.
4) Owner is required to allow access to the 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) TimeWarner will seek reimbursement if adjustments to their facilities become necessary.
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 the 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:
~
SA Holly. AICP, Director of Development Services
~-V1'cG
DATE:
APPROVED
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 290-SQUARE FOOT PORTION OF
15-FOOT WIDE UTILITY EASEMENT OUT OF LOT 18, BLOCK 2,
SOUTH FORK UNIT 5; LOCATED AT 3202 QUAIL CREEK DRIVE,
APPROXIMATELY 365 FEET SOUTHWEST OF THE DOVE HOLLOW
DRIVE AND QUAIL CREEK DRIVE INTERSECTION; SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY.
WHEREAS, there is a 290-square foot portion of the 15-foot wide utility easement out of
Lot 18. Block 2, South Fork Unit 5, plat recorded in Volume 64, Pages 202-204, Map
Records of Nueces County, Texas, located at 3202 Quail Creek Drive, approximately
365 feet southwest of the Dove Hollow Drive and Quail Creek Drive intersection, that
the owner, 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 290-square foot portion of the 15-foot wide utility easement out of
Lot 18 Block 2, South Fork Unit 5, plat recorded in Volume 64, Pages 202-204, Map
Records of Nueces County, Texas, located at 3202 Quail Creek Drive, approximately
365 feet southwest of the Dove Hollow Drive and Quail Creek Drive 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 be waived,
because Owner dedicated the portion of easement being abandoned,
according to Texas Local Government Code, Sec. 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
H:Leggary\\' agenda ~(l()f, :13-,'~/SouthF,rkl ~ ca~ement aband\\n
replace the existing utilities and any future utility installations within the
easement.
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) TimeWarner had no objections, but will seek reimbursement if adjustments to
their facilities become necessary.
6) Owner must comply with the specified conditions of the ordinance prior to
occupancy of the house.
7) 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 28t/1 day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor, City of Corpus Christi
APPROVED: March 22.2006.
4a;;;J, ( J1J)) !/1.A-
Gary . Smith
Assistant City Attorney
For City Attorney
H: Leg/ garyws/ agenda/200603 -.:' 8/SouthFork 18 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! garyw." agenda 2 aOAin 3 <' R!SouthF nrk] R easement abandon
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EXHIBIT C
PROPOSED EASEMENT CLOSURE EXHIBIT A
. OF A PORTION OF
LOT 18. BLOCK 2
SOUTH FORK UNIT 5
P.D.C.
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MEDINA CONSULTANTS
2434 SACKY DR.
CORPUS CHRISll, TX. 78415
PH. , 361-614-4700
FAX' 361-814-4151
15
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 2006
AGENDA ITEM: Ordinance abandoning and vacating a 290-square foot portion of a 15-
foot wide utility easement out of Lot 19, Block 2, South Fork Unit 5, located at 3158 Quail
Creek Drive, approximately 305 feet southwest of the Dove Hollow Drive and Quail Creek
Drive intersection; subject to compliance with the specified conditions; and declaring 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 290-square
foot portion of a 15-foot wide utility easement out of Lot 19, Block 2, South Fork Unit 5,
located at 3158 Quail Creek Drive, approximately 305 feet southwest of the Dove Hollow
Drive and Quail Creek Drive 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 S" one-family dwelling district.
The house slab on-grade foundation has a minimum 3-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 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. TimeWarner had no objections, but will
seek reimbursement if adjustments to their facilities become necessary. 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 any 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: B A Holly AICP, Director of Development Services
DATE: March 20,2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: March 28. 2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 290-square foot portion of a 15-foot wide utility easement out of Lot 19, Block 2,
South Fork Unit 5, located at 3158 Quail Creek Drive, approximately 305 feet southwest of the Dove Hollow Drive and
Quail Creek Drive intersection; subject to compliance with the specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 64, Pages 202-204, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. 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).
2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment of the
utility easement and the maintenance of any public utilities in 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 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 any utility installations within the easement.
4) Owner is required to allow access to the 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) TimeWarner will seek reimbursement if adjustments to their facilities become necessary.
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 the 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:
tor of Development Services
DATE:
APPROVED:
DATE:
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 290-SQUARE FOOT PORTION OF
15-FOOT WIDE UTILITY EASEMENT OUT OF LOT 19, BLOCK 2,
SOUTH FORK UNIT 5; LOCATED AT 3158 QUAIL CREEK DRIVE,
APPROXIMATELY 305 FEET SOUTHWEST OF THE DOVE HOLLOW
DRIVE AND QUAIL CREEK DRIVE INTERSECTION; SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY.
WHEREAS, there is a 290-square foot portion of the 15-foot wide utility easement out of
Lot 19, Block 2, South Fork Unit 5, plat recorded in Volume 64, Pages 202-204, Map
Records of Nueces County, Texas, located at 3158 Quail Creek Drive, approximately
305 feet southwest of the Dove Hollow Drive and Quail Creek Drive intersection, that
the owner, 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 290-square foot portion of the 15-foot wide utility easement out of
Lot 19, Block 2, South Fork Unit 5, plat recorded in Volume 64, Pages 202-204, Map
Records of Nueces County, Texas, located at 3158 Quail Creek Drive, approximately
305 feet southwest of the Dove Hollow Drive and Quail Creek Drive 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 be waived,
because Owner dedicated the portion of easement being abandoned,
according to Texas Local Government Code, Sec. 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
lLLeg/garyws agenda.200tJ u3-:S/SouthFork19 easement abandon
replace the existing utilities and any future utility installations within the
easement.
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) TimeWarner had no objections, but will seek reimbursement if adjustments to
their facilities become necessary.
6) Owner must comply with the specified conditions of the ordinance prior to
occupancy of the house.
7) 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 28th day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: March 22.2006.
(f \~' t~i ~ltr)) (tJ'\...
G ry . Smith
Assistant City Attorney
For City Attorney
H: Leg!gal)'\~s/agenda!2006i03-28!SouthFork19 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. 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, 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/ gary,vsagenda/200603-.~ 8/Southf ork 19 easement abandon
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EXHIBIT C
PROPOSED EASEMENT CLOSURE EXHIBIT A
OF A PORTION OF
LGT19, BLOCK 2
SOUTH FORK UNIT 5
MEDINA CONSULTANTS
2434 SACKY DR.
CORPUS CHRISTI, TX. 78415
PH. , 361-814-4700
fl!l. , 361-814-4757
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 28,2006
AGENDA ITEM:
Ordinance amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9-61, permit for
Airport Ground Transportation operations, by exempting the Regional Transportation Authority from
permit provisions of Section 9-61; providing this Ordinance is effective immediately after publication;
providing for repeal; providing for severance; providing for penalties; providing for publication; and
declaring an emergency.
ISSUE:
Under the current Ground Transportation Ordinance, the Regional Transportation Authority (RTA)
would be required to obtain a ground transportation permit and access card to service passengers,
employees and tenant employees at the Airport. We would like to exempt the RT A from permit
provisions of Section 9-61 so an Airport route may be put in place and service may begin on April 3,
2006.
REQUIRED COUNCIL ACTION:
Council approval is required on all Ordinance amendments.
PREVIOUS COUNCIL ACTION:
Ordinance 026384, July 26, 2005 - Amending the Corpus Christi Code of Ordinances, Chapter 9,
Section 9-61, permit for Airport Ground Transportation operations, by revising the fees and charges;
providing for an effective date of September 1, 2005; providing for repeal; providing for severance;
providing for penalties; providing for publication.
Ordinance 23400, July 28, 1998 - Amending the Corpus Christi Code of Ordinances, Chapter 9,
Section 9-61, permit for Airport Ground Transportation Operations, by revising the method of
calculating fees and adding new fees; providing for an effective date of August 1, 1998; providing for
repeal; and providing for severance.
Ordinance 23023, July 29, 1997 - Amending the Corpus Christi Code of Ordinances, Chapter 9,
Section 9-61, permit for Ground Transportation Operations, by revising the method of calculating fees
and adding new fees; providing for an effective date of February 1, 1998; and providing for publication.
Ordinance 21385, May 5, 1992 - Amending the Code of Ordinances, Chapter 9, Aviation, Section 9-61,
and Chapter 57, Vehicles for Hire, Section 150, regulating the Airport Shuttle Services; providing for
severability; repealing conflicting ordinances; and deleting and reserving section 57-151 through 57-
163; and providing for publication.
Ordinance 19929, August 18, 1987 - Amending Chapter 9, Aviation by adding a new section 9-61,
permit for Commerical Ground Transportation Operations; providing for serverance; and providing for
publication.
FUNDING:
None
CONCLUSION AND RECOMMENDATION:
The Airport Board recommended approval of Ordinance during their meeting on March 8, 2006. Staff
recommends approval of this Ordinance,
-, '
&,:-., -iJ~ ",,,",-J-
Department Head Signature
Attachments:
BACKGROUND INFORMATION
For several months the Airport and the Regional Transportation Authority have been working on
providing a bus route to and from the Airport. It is a service that is needed at the Airport for passengers,
employees and tenant's employees. After route issues were worked out, it was discovered that the
current Grounds Transportation Ordinance did not exempt the RTA from the permitting process for
operating at the Airport.
With this amendment. the RT A will be able to begin service in April, 2006.
ORDINANCE
AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES,
CHAPTER 9, SECTION 9-61, PERMIT FOR AIRPORT GROUND
TRANSPORTATION OPERATIONS, BY EXEMPTING THE
REGIONAL TRANSPORTATION AUTHORITY FROM PERMIT
PROVISIONS OF SECTION 9-61; PROVIDING THIS
ORDINANCE IS EFFECTIVE IMMEDIATELY AFTER
PUBLICATION; PROVIDING FOR REPEAL; PROVIDING FOR
SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1, That the Corpus Christi Code of Ordinances, Chapter 9,
Section 9-61, is amended as follows:
Sec. 9-61. Permit for ground transportation operations.
(a) Except for duly franchised airport shuttle services, Reaional
Transportation Authoritv bus service, and vehicles delivering business products
to airport tenants, it is unlawful for any person to charge, operate, or drive, for
hire or other consideration any vehicle to carry, deliver, pick up any cargo,
passenger, freight, or mail at the Corpus Christi International Airport without a
valid permit and access card issued by the airport for ground transportation
operations ("ground transportation permit"). Each applicant for a ground
transportation permit shall register with the Airport and comply with all rules and
regulations set by the Director of Aviation and City of Corpus Christi. In addition
to any other penalties provided herein, noncompliance of the ground
transportation rules and regulations and the ordinance may result in the revoking
of the issued permit by the Director of Aviation. A person can only operate a
vehicle for activities for which it has been permitted.
(b) Except for franchised airport shuttle service and vehicles delivering
business products to airport tenants, each person operating a ground
transportation service at the airport must pay monthly and/or trip charge fees as
set forth in the following schedule:
1. Taxicabs, the fee per vehicle is $50.00 per month. Each taxicab
not permitted pursuant to (a) above, shall pay a fee of $2.00 per
arrival to pickup pre-arranged fares at the Airport. Each non-
permitted taxicab must notify the Airport at least fifteen minutes
prior to arriving at the Airport and pay any fees due in advance of
the pickup of persons at the Airport.
2. Courtesy vehicles transporting hotel/motel customers "Hotel/Motel
Courtesy Vehicles", the fee per vehicle is $50.00 per month plus
ORDAmending Ground Transport at Airport 4 RT A.lla
$.50 per arrival for pick up of persons at the Airport. Persons with
Hotel/Motel Courtesy Vehicle pennits may be required to provide
written proof of contracts with hotels or motels to the Director of
Aviation or designee whenever requested, and must provide
immediate written changes to the contract to the Director of
Aviation or designee.
3. Off-airport rental car shuttle vehicles "Off-Airport Rental Car
Shuttle Vehicles", the fee is the greater of: (1) 10% of the gross
income generated from the rental of vehicles by persons picked
up at the Airport or (2) $500.00 per month. Gross Income is
defined as the time and mileage charges included in the rental
contracts, net of contractual discounts (including rebates). Bad
debts may not be deducted in the calculation of gross revenues.
4. Cargo, freight, luggage, and all other companies whose primary
business is pick up and delivery services "Delivery Vehicles", the
fee is $50.00 for each access card issued for any vehicle
operating at the Airport. If more than four access cards are
requested, the fee is $40.00 for each access card.
5. Companies who provide transportation services for persons on a
pre-arranged basis using a private charter bus, luxury limousine,
luxury automobile, or private charter van "Charter Vehicle", the
fee is $5.00 per arrival for pick up of persons at the Airport.
Private charter companies must notify the Airport twenty-four (24)
hours prior to arriving at the Airport and pay any fees due in
advance of the pick up of persons at the Airport. Charter Vehicles
will not be required to obtain an access card. Charter Vehicles
shall obtain a pennit placard prior to picking up persons at the
Airport to be displayed in the vehicle at all times during operations
at the Airport.
(c) The Director of Aviation or designee will issue ground transportation
permits, enforce all ground rules and regulations, and collect applicable fees. If
any permit holder fails to comply with applicable rules, regulations, and
ordinances, such permit holder will be issued a notice of noncompliance. If the
violation persists for ten (10) days after the issuance of said notice, the director of
aviation may revoke the pennit and such permit holder may be prohibited from
conducting further operations on airport property.
SECTION 2. This ordinance becomes effective immediately after
publication.
ORDAmending Ground Transport at Airport 4 RT A.lIa
SECTION 3. A violation of this ordinance or requirements implemented
hereunder shall constitute an offense, punishable as provided in Section 1-6 of
the City Code of Ordinances.
SECTION 4. That all ordinances, or parts of ordinances, in conflict
herewith are repealed to the extent of such conflict.
SECTION 5. If for any reason any section, paragraph, subdivision,
clause, phrase, work, 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, work, or
provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, clause, phrase, work, or provision hereof
shall be given full force and effect for its purpose.
SECTION 6. Publication of this ordinance 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, Texas.
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 that requires
consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passes and takes effect upon first reading as an emergency
measure on this the _ day of , 2006.
APPROVED AND PASSED on this
day of
,2006.
ATTEST:
Annando Chapa, City Secretary
Henry Garrett, Mayor
LEGAL FORM APPROVED March 1'1 , 2006
By:
e~
o n P. Burke, Jr.
nior Assistant City Atto ey
ORDAmending Ground Transport at Airport 4 RTAlIa
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 A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
ORDAmending Ground Transport at Airport 4 RTA.lla
17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 28, 2006
AGENDA ITEM:
Ordinance amending Ordinance No. 021822 as amended by Ordinance No. 022351 authorizing the
United States of America (National Weather Service) the option to automatically renew its lease with
the City of Corpus Christi from year to year unless notice is provided by the United States Government
thirty days prior to the annual renewal date that it will not exercise its renewal option; providing for
publication.
ISSUE:
A discrepancy was detected between the lease language and language in Ordinance No. 021822 which
pertained to the annual renewal provision. The Ordinance required an annual notice to the City
Manager for renewal; the lease requires an automatic renewal with notification to the City Manager only
upon termination. This amendment will change the ordinance to comply with the lease language.
REQUIRED COUNCIL ACTION:
Council approval is required on all property leases and amendments.
PREVIOUS COUNCIL ACTION:
Ordinance 022351, September 12, 1995 - Authorizing the City Manager or his designee to execute an
amendment to the lease with the United States of America (National Weather Service) authorized by
Ordinance No. 021822, approved on December 14,1993, by decreasing the original premises from
5.663 acres and by adding a second premises, including temporary and permanent easements for the
radar dome which is an integral part of the next generation radar (NEXRAD) facility; and providing for
publication.
Ordinance 021822, December 14, 1993 - Authorizing the City Manager or his designee to execute a
one-year lease agreement with option to renew lease annually for up to fifty years upon notice to the
City Manager thirty days prior to expiration, with the United States of America (National Weather
Service), for 5.663 acres of land at the Corpus Christi International Airport on which to construct and
maintain a National Weather Service next generation radar (NEXRAD) facility; in lieu of annual fee city
of Corpus Christi will receive a forecast facility that will increase the ability of the National Weather
Service to provide timely and critical severe weather reports and services to Airlines and residents of
the Costal Bend, and providing for publication.
FUNDING:
None
CONCLUSION AND RECOMMENDATION:
The Airport Board recommended approval of Ordinance during their meeting on March 8, 2006. Staff
recommends approval of this Ordinance.
BACKGROUND INFORMATION
The City and the National Weather Service have a ground lease for National Weather Service offices
and equipment. The National Weather Service maintains a next generation radar (NEXRAD) facility and
a radar dome. In lieu of annual fees, the City of Corpus Christi receives a daily forecast that aids the
Airport in providing timely and critical severe weather reports and services to Airlines and tenants.
AN ORDINANCE
AMENDING ORDINANCE NO. 021822 AS AMENDED BY ORDINANCE
NO. 022351 AUTHORIZING THE UNITED STATES OF AMERICA
(NATIONAL WEATHER SERVICE) THE OPTION TO AUTOMATICALLY
RENEW ITS LEASE WITH THE CITY OF CORPUS CHRISTI FROM
YEAR TO YEAR UNLESS NOTICE IS PROVIDED BY THE UNITED
STATES GOVERNMENT THIRTY DAYS PRIOR TO THE ANNUAL
RENEWAL DATE THAT IT WILL NOT EXERCISE ITS RENEWAL
OPTION; PROVIDING FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Section 1 of Ordinance No. 021822 as amended by Ordinance No.
022351 is hereby amended to read as follows:
"Authorizing the City Manager, or his designee to execute a one-year
lease agreement with the United States of America (National Weather
Service) with automatic option to renew lease annually for up to fifty (50)
years unless notice is provided to the City Manager thirty (30) days prior to
expiration that the option will not be exercised; leasing 5.663 acres of land
at the Corpus Christi International Airport on which to construct and
maintain a National Weather Service Next Generation Radar (NEXRAD)
Facility; in lieu of annual fee City of Corpus Christi will receive a forecast
facility that will increase the ability of the National Weather Service to
provide timely and critical severe weather reports and services to airlines
and residents of the coastal bend; and providing for publication."
SECTION 2. 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.
ORD lease with NWS.l\a
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
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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
John E. Marez
Melody Cooper
Jerry Garcia
APPROVED AND PASSED on this
ATTEST:
Armando Chapa, City Secretary
By: (J
J n P. Burke, Jr.
enior Assistant City Attorney
ORD lease with NWS.lla
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2006
Henry Garrett, Mayor
/ 7 , 2006
18
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 2006
AGENDA ITEM:
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55
regarding rules and procedures for public access cablecasting; providing for severance;
and providing for publication.
ISSUE: This agenda item is to make minor clarifications to the rules and procedures
recommended by the Cable Communications Commission regarding tape/DVD labels,
applications, repeat program schedule, and violation notification. Both public access
user groups have received information about these changes and have not raised any
objections to them.
REQUIRED COUNCIL ACTION: Approval of the Ordinance.
PREVIOUS COUNCIL ACTION: The Rules and Procedures were last amended in
January 2006.
CONCLUSION AND RECOMMENDATION: Approval of the Ordinance.
~j C( ~tl @Ct. t~
Susan Cable
Director, E-Government Services
':\Documents and Settings\User\My Documents\cable cornmission\March 282006RulesandProceduresordinance agenda memo.doc
1
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES
FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article XVIII of Chapter 55 of the Code of Ordinances is amended by
revising Exhibit A. Rules and Procedures for Public Access Cablecasting, to read as
follows:
"EXHIBIT A
RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING
Editor's note: Set forth herein is Exhibit A to Ord. No. 24929, the Master Cable Services
Regulatory Ordinance (referenced in section 55-302), amended by Ord. No. 025679, S
1, adopted Mar. 23, 2004 and Ord. No. 026008, S 1, adopted Oct. 26, 2004. A uniform
style of section designation, paragraphing, and capitalization has been employed so
that these provisions, while generally compatible with Code style, may also be
distinguishable as an appendage to Ord. No. 24929 codified as Art. XVIII in Ch. 55.
SUMMARY OF ROLES/RESPONSIBILITIES/PROCESS
Public access producers: Individuals produce programming for cablecasting following
specific participation rules and adhering to production standards.
To obtain a regular weekly or monthly time slot, producers participate in biannual
public access time slot lottery. These are called series producers.
For random placement of nonrecurring show (i.e., a show that is not regularly
produced), producers submit tapes, which are inserted in available time slots by the
PAUG. These are called occasional producers.
Public access user group (PAUG): Producers organize themselves according to by-
laws, electing among themselves officers and a board of directors.
· The PAUG conducts a biannual public access time slot lottery for each public
access channel according to the rules and procedures, and uses those results to
develop a public access schedule for each channel.
The PAUG receives and schedules programming submitted by occasional
producers.
Public Access Changes draft March 21 2006DOC
2
· The PAUG collects and makes available to cable operators the schedules and
tapes for each channel.
· The PAUG administers the rules and procedures; producers may appeal
decisions of the PAUG board to the Cable Communications Commission and, after that,
to City Council.
· The PAUG may require series producers to pay nominal fees to offset minor
operational expenses.
There may be a separate PAUG for each public access channel.
Cable operators: Franchised cable operators each provide plug-and-play of public
access programming according to the schedule provided by the PAUG.
Cable Communications Commission: The Cable Communications Commission
mediates any disputes brought to it by the PAUG.
RULES AND PROCEDURES
FOR PUBLIC ACCESS CABLECASTING
Channel space on public access channels is available free of charge to any adult
resident of the City of Corpus Christi in accordance with the following rules and
procedures, as adopted by the City Council of the City of Corpus Christi. Submitted
program tapes will be cablecast by all franchised cable operators as provided in their
respective franchises. Requests for live feeds may be made in accordance with rules
adopted by the Cable Communications Commission with the consent of the cable
operators.
These rules may be amended by City Council following recommendation from the Cable
Communications Commission or franchised cable operators in the City of Corpus
Christi.
S 1 Rules for participation.
Producers must complete and sign a programming contract. In signing the programming
contract, the producer warrants that the following rules will be observed:
All programs must be produced by a producer as defined in section 4.
All programs shall not be commercial as defined in section 4.
No program shall be transmitted that requests contributions unless the
solicitation is on behalf of an organization that has received tax exempt status under
501 (c)(3) of the Internal Revenue Code. Maximum time to request contributions in a
program is five minutes.
Public Access Changes draft March 21 2006.DOC
3
No program shall be transmitted that contains copyrighted information for which
proper clearance or authorization has not been obtained.
No program shall be transmitted that portrays any criminal act as being
acceptable or condoned behavior.
No program shall be transmitted which contains obscene or indecent material.
All programs must include proper program identification as defined in section 4.
All programs must be locally produced. In order to be classified as a locally
produced program, the program must contain at least twenty-five percent (25%) locally
produced content
Except as otherwise permitted by applicable law, neither the access user group nor the
cable operators will restrict the content of any program.
~ 2 Technical standards and production requirements.
Programs submitted for cablecast must conform to the technical standards and
production requirements established for cablecast by the FCC and City of Corpus
Christi Public Access Rules. The programs shall not cause the cable operator to be out
of compliance with any applicable FCC Technical Standards.
Quality: Programs must deliver, in good quality, clear audio and video throughout the
entire length of the program.
Format:
a, Producers must transfer all other formats (including 1/2" Beta, VHS "C", Super
VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP speed) tapes, SuperVHS
tapes, 9f Consumer DV tape, or DVD for cablecasting.
b. All tapes must be rewound to beginning of tape.
c. As new technology changes and formats become more conventional in the
consumer markets, additional formats may be added to reflect current market use. The
decision to add or delete formats will be made by the Cable Communications
Commission based upon a request from an access user group and/or the cable
operator(s).
Labeling All producers must clearly label tapes or DVDs on face of the tape and tape
sleeve box as follows:
On face of tape or DVD and sleeve, box or case:
a. Name of individual producer and organization (if applicable) and telephone
number
Public Access Changes draft March 21 2006DOC
4
b. Producer's telephone number
c Length of program
tKl. Title of the program as it appears on the producer's application
On the spine of the tape:
a. Title of the program as it appears on the producer's application.
Identification: Only one program may be recorded on a tape.
a. There must be 30 seconds of blue or black at the beginning of your program.
b. There must be 30 seconds of blue or black at the end of your program.
c. Programs must include the program identification as defined in section 4.
Length:
a. All one-hour programs must be 59 minutes in length.
b. All half-hour programs must be 29 minutes in length.
c. Occasional programming beyond 59 minutes (such as high school sporting
events) may be shown pursuant to rules established by the Cable Communications
Commission with consent of the cable operators.
Deadline: The access user groups will establish deadlines for pickup and delivery of
tapes. in cooperation with the cable operators.
S 3 How programs are scheduled.
Public access for series producers.
Time slots: Series programs are given a regular weekly or monthly time slot. Time slots
are awarded during the semi-annual time slot lottery. Conflicts on requests for time slots
will be submitted to the Cable Communications Commission for arbitration.
Each producer may have only one series, not to exceed one hour per week, except as
provided above in section 2, Length, and except as provided in section 3, Lotteries and
Schedules. Pursuant to rules established by the access user group, a producer may
substitute another program in place of the repeat program.
Only programs created by a producer, as defined in Section 4, are eligible to participate
in the semi-annual lotteries and are eligible to be transmitted as a public access
program
Public Access Changes draft March 21 2006 DOC
5
Application: No later than the night of the bi-annual time slot lottery each producer must
submit a completed public access cablecasting application approved by the Cable
Communications Commission to their respective access users group board of directors.
The PAUG Board of Directors will provide copies of applications to the Cable Operators
no later than two weeks after the time slot lottery is conducted.
e.:---Access channel (10 or 18) (Note: An individual producer or organization must
select one channel for cablecasting of both first-run and repeat showings. Programs
cannot be run on both channels.)
f. Address and telephone number
Lotteries and schedules: There are two lottery periods. The spring lottery period begins
the first Sunday in June through the day preceding the first Sunday in December. The
fall lottery period begins the first Sunday in December through the day preceding the
first Sunday in June.
Producers will attend the time slot lottery as noted in a. and b. below. Lotteries will be
conducted as follows:
a. The spring lottery is conducted in the last week of April with the new time slots
actually beginning on the first Sunday in June. The PAUG Board of Directors shall
determine the day and time of the lottery.
b. The fall lottery is conducted in the last week of October with the new time slots
actually beginning on the first Sunday in December. The PAUG Board of Directors shall
determine the day and time of the lottery.
The public access time schedule will be broken into 30-minute intervals.
Each producer will draw a selection number randomly, with the lowest number having
the first choice of time slots and continuing until all numbers are issued.
The selection numbers will be determined by random selection
Based on selection numbers, each producer, one-by-one, selects an available time slot.
After all producers select time slots for their first-run shows, tAese producers of weeklv
proQrams requesting a repeat showing will then select their time slots in same order as
the initial time slots were selected, not to exceed one repeat per show. A program may
be broadcast as an original in subsequent lottery periods.
One lottery will be executed for Channel 10 by the Channel 10 access user group and
one lottery executed for Channel 18 by the Channel 18 access user group.
Public access for occasional producers.
Public Access Changes draft March 21 2006 DOC
6
Single time slots of lengths as noted above in section 2, Length, will be available for
occasional producers on a first-come, first-served basis. Occasional producers must
complete a public access cablecasting application no later than two weeks prior to the
desired cablecasting date and comply with all rules set forth herein.
First-come, first-served is determined upon receipt by the PAUG secretary.
In addition to a first-run showing, a program may be repeated as channel space allows,
not to exceed one repeat per show. A program may be broadcast as an original in
subsequent lottery periods
No programs will be scheduled during holidays.
Forfeit of time slot.
If a series producer fails to supply tapes for two consecutive weeks for a weekly
program, the producer forfeits the time slot for the remainder of that lottery period and
the program shall be removed from the schedule for the remainder of the lottery period
by the PAUG Board of Directors. A series producer of a monthly program must supply
a tape for turn in to the Cable Operator within the first two (2) weeks after the beginning
of the new lottery schedule or forfeit the time slot for the remainder of that lottery period
or the program shall be removed from the schedule by the PAUG Board of Directors.
After that, if a producer fails to supply a tape for a monthly program during the first two
(2) weeks of scheduled airing, the producer forfeits the time slot for the remainder of
that lottery period
The decision to remove a program from the schedule may be appealed by the producer
by submitting an appeal in writing to Office of the City Secretary for the Cable
Communications Commission.
S 4 Defined terms.
Access user group -- As set forth in the City Code of Ordinances, section 2-183,
membership of the access user group may be composed of any individuals who are
residents of the city as well as representatives of community, public interest, or
neighborhood, notwithstanding any other provision, representatives of the cable
operator may be members of the access user group. Access user groups are organized
separately and independently from the city and are not boards, commissions,
committees or any other subdivision of the city. One access user group may be
established for each public access channel. Each producer is entitled to vote on all
matters pertaining to establishment of access user group bylaws and election of
officers.
Commercial programming -- Any programming which is cablecast for remuneration of
any kind, whether directly or indirectly, or programming which includes, in whole or in
part, content whether audio, video or text intended, directly or indirectly to promote any
service, or product; or includes commercial advertising of any kind; or contains lottery or
sweepstakes information. The Cable Communications Commission has established
Public Access Changes draft March 21 2006DOC
7
guidelines concerning the advertisement of commercial products or services in an
access program.
Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day.
Locally produced programming --means programs produced in the Corpus Christi
region by producers as defined in this section.
Producer - Any resident of Corpus Christi, 18 years of age or older, who has proof of
residency which must include a local street residence address, a local contact
telephone number and valid identification (such as a driver's license). A producer must
pay any fees required by the access user group and must execute an approved
program contract. A producer, by way of definition, is an individual or organization who
meets the above stated requirements and participates in or is responsible for the
creation of a local, non commercial program for the public access channels. If the local,
non commercial program is created by a local organization, such as a church, one
person who meets the above requirements must be designated as the producer and will
represent the organization with the access user group. For identification purposes, this
person's name will appear on identification, either video or audio, and printed on labels.
Program identification -- The tag at the beginning and end of the program must bear the
producer name, and title of program as it appears on the producer application and the
production date. The tag must appear for at least ten (10) seconds, in the audio or video
at the beginning and end of each program.
Public access channel (sometimes herein "channel") -- This is the cable television
channel or channels on which public access programs are cablecast, currently
Channels 10 and 18.
Public access time allocated schedule -- The block of time slots allocated to each public
access channel that are available and are allocated by lottery during the semi-annual
time slot renewal period. The block of time will be determined by each PAUG by
calculating the number of producers and programming hours for all shows including
repeats The intent is to develop a block of time slots that provide for consecutive
programming, without gaps in the programming schedule.
Repeat program -- A program which was previously aired on any public access channel.
Semi-annual time slot renewal period -- A period beginning April and October of each
year, during which all who wish to request a series for the upcoming six months must
submit an application.
Series -- A locally produced public access show from a single producer. A series can be
either weekly or monthly.
S 5 Amendments to rules and procedures for public access cablecasting.
PUblic Access Changes draft Marcn 21 2006 DOC
8
These rules may be amended by City Council following recommendation from the Cable
Communications Commission or franchised cable operators in the city. The city shall
give any cable operator sixty (60) days' written notice of any proposed amendment to
the rules and procedures for public access cablecasting. In the event that a cable
operator objects in writing, the city and the cable operator shall thereafter meet and
negotiate an amendment reasonably acceptable to all parties. In no event shall any
amendment imposing greater obligations or restricting the rights of any cable operator
become effective without the written consent of that cable operator.
9 6 Violation of rules.
The Channel 10 Access User Group Board of Directors will receive and investigate
complaints concerning violations of the above rules on Channel 1 O. The Channel 18
Access User Group Board of Directors will receive and investigate complaints
concerning violations of the above rules on Channel 18.
a. Violations of Section 1.
No program will be permitted to air over the public access channels if a producer or
program violates one or more of the rules identified in section 1. The acooss user group
will inform the producer who produoed tho program that is the subject of the oompl3int
of the speoific Seotion 1 rule that h3S been violated and of the oomplaining pmty's name
and contaot information, if a complaint has been reoei'/ed from an indi':idual or group.
If a Section 1 rule has been violated, the Access User Group Board of Directors will mail
written notice of the violation to the producer. The notification letter shall be sent to both
the individual producer and the group, org3nization or entity 'Nhich an entity purports to
represent, if there is a difforent oontact person, via certified mail, return receipt
requested, to the address provided in the application.
The producer may appeal the decision of the Access User Group Board of Directors to
the Cable Communications Commission by physically delivering to the city secret3ry's
City Secretary's office a written notice of appeal on or before eight (8) calendar days
from the date the notification letter was mailed.
The C:.blo Communioations Commission shall hold the hearing for :.ppeal at tho next
regularly scheduled meeting 1I:ithin thirty (30) oalendar days from receipt by the city
secretary's office of the notice of appeal. The appellant shall have at least three (3)
calendar days' notice of tho he3ring. After receipt by the City Secretary's Office of a
notice of appeal, the Cable Communications Commission shall hold the hearinQ for
appeal at its next scheduled meetinQ that allows the appellant at least three (3) calendar
days telephone notice of the hearinQ. The access user group, the city, and the
appellant may present evidence. The Cable Communications Commission shall
promptly render its decision. Appeals of Cable Communications Commission decision
may be made to the City Council in accordance with the procedures specified in the City
Charter.
PubliC Access Changes draft March 21 2006 DOC
9
If a second adjudicated violation of a Section 1 rule occurs within twelve (12) months
after the first adjudicated violation, then the producer will be ineligible to use the public
access channels for thirty (30) days. If the third adjudicated violation of a Section 1 rule
occurs within twelve (12) months after the first adjudicated violation, then the producer
shall be ineligible to use the public access channels for one year. Periods of ineligibility
to use the public access channels shall commence and removal of a program from the
public access channel shall occur after the later of (a) the last day on which a producer
may timely commence an appeal of a decision specified in a notification letter; or (b) the
date an appeal is concluded. A program finally determined to be in violation cannot be
transmitted again until the violation has been remedied. Neither multiple cablecasts of a
single program nor multiple violations of these rules in a single program shall form the
basis for more than one adjudicated violation of the above rules.
b Violations of Sections 2 or 3 and General Complaints.
(1) If a Producer or Access User Group Board of Directors has an internal complaint
not covered by the rules and procedures, or a complaint regarding a violation of rules in
Sections 2 or 3, the Producer or Access User Group Board of Directors shall follow
procedures established by their group's certified by-laws. If a complaint is not resolved
within seven (7) working days, a Producer or Access User Group Board of Directors
shall submit the complaint, bye-mail or delivered in writing, to the Cable
Communications Commission, and the item shall be placed on the agenda for the next
scheduled Cable Communications Commission meeting.
(2) If a Producer or Access User Group Board of Directors has a complaint regarding
a cable provider, that complaint shall be submitted, by email or delivered in writing,
within three (3) working days, from a Producer to the Access User Group and then from
the Access User Group Board of Directors to the cable provider within three (3) working
days. The cable provider shall respond, by email or delivered in writing, within three (3)
working days. If a complaint is not resolved, a Producer or Access User Group Board of
Directors shall submit the complaint by email or delivered in writing to the Cable
Communications Commission, and the item shall be placed on the agenda for the next
scheduled Cable Communications Commission meeting.
(3) If a cable provider has a complaint regarding a Producer or Access User Group,
the cable provider shall submit the complaint, by email or delivered in writing, within
three (3) working days to the Access User Group Board of Directors. The access User
Group Board of Directors shall submit a response, by email or delivered in writing, the
cable operator within seven (7) working days. If a complaint is not resolved within seven
(7) working days, the cable provider shall submit the complaint, by email or delivered in
writing, to the Cable Communications Commission, and the item shall be placed on the
agenda for the next scheduled Cable Communications Commission meeting.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
Public Access Changes draft March 21 2006.DOC
10
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 3. 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.
Public Access Changes draft March 21 2006 DOC
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
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
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
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
PASSED AND APPROVED this the
Day of
,2006.
ATTEST:
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED:
~ CNv-ul, ;) .3>
,2006
'iJfl-< ~k
Lisa Aguilar
Assistant City Attorney
for City Attorney
19
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 2006
AGENDA ITEM:
a. Public hearing to consider abandoning and vacating a 133.01-square foot portion of the Oso
Parkway public right-of-way, out of King's Crossing Garden Homes and Lots 16-20, Block
38, King's Crossing Unit 1, Phase 1; located at the intersection with Garden Court public
right-of-way, approximately 520 feet south of Lens Drive.
b, Ordinance abandoning and vacating a 133.01-square foot portion of the Oso Parkway public
right-of-way, out of King's Crossing Garden Homes and Lots 16-20, Block 38, King's
Crossing Unit 1, Phase 1; located at the intersection with Garden Court public right-of-way,
approximately 520 feet south of Lens Drive; subject to compliance with the specified
conditions.
ISSUE: Urban Engineering, on behalf of the owner, King's Crossing Realty, is requesting the
abandonment and vacation of the dedicated public right-of-way to allow for the future development
of a residential subdivision.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate
any portion of street rights-of-way. City Code 49 -12, requires notification of the public prior to the
abandoning and vacating of any street rights-of-way.
RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis.
~ICP
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Urban Engineering, on behalf of the owner, King's Crossing Realty, is requesting the
abandonment and vacation of a 133.01-square foot portion of the Oso Parkway public
right-of-way (ROW). The public ROW is being abandoned and vacated in conjunction with
a proposed development of a new subdivision. The ROW to be abandoned and vacated is
located in an "R-2" Multiple Dwelling District.
The said portion of public right-of-way is being abandoned and vacated to allow for the
future development of a residential subdivision (King's Crossing Unit 21 Subdivision). The
Owner/Developer, King's Crossing Realty., desires to offset the referenced public ROW by
dedicating new street ROW within the proposed subdivision plat.
All public and franchised utilities were contacted regarding this closure request and no
objections were received by any of the utility companies.
Staff recommends that payment of the fair market value be waived because City Code,
Sec. 49-12, eliminates payment of the fair market value when an abandoned street is
unimproved, as it is in this case. Owner will also be dedicating public street rights-of-way
of greater value with the King's Crossing Unit 21 Subdivision, to off-set the proposed
abandoning and vacating of public right-of-way and to provide for continuity of the street.
The owner has been advised of and concurs with the conditions of the right-of-way
abandonment.
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 28. 2006
ORDINANCE CAPTION:
a Public hearing to consider abandoning and vacating a 133.01-square foot portion of the Oso Parkway pUblic
right-of-way, out of King's Crossing Garden Homes and Lots 16-20, Block 38, King's Crossing Unit 1, Phase
1; located at the intersection with Garden Court public right-of-way, approximately 520 feet south of Lens
Drive.
Ii Ordinance abandoning and vacating a 133.01-square foot portion of the Oso Parkway public right-of-way,
out of King's Crossing Garden Homes and Lots 16-20, Block 38, King's Crossing Unit 1, Phase 1; located at
the intersection with Garden Court public right-of-way, approximately 520 feet south of Lens Drive; subjectto
compliance with the specified conditions.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat IS recorded in Volume 61, Pages 141-143, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12,
eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this
case. Owner will also be dedicating public street right-of-way of greater value on the King's
Crossing Unit 21 Subdivision, to off-set the proposed abandoning and vacating of public right-of-
way.
2. Upon approval from Council and ordinance issued, all grants of street closures must be recorded in
the real property Map Records of Nueces County, Texas, in which the property is located. Prior to
Building Permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
B~ector of Development Services
DATE:
3L3-oCo
Approved:
Date:
~:\... \genlag04\str-c1oI0so-Parkway.ORD
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 133.01-SQUARE fOOT PORTION
Of OSO PARKWAY PUBLIC RIGHT-Of-WAY, OUT Of KING'S
CROSSING GARDEN HOMES AND LOTS 16-20, BLOCK 38, KING'S
CROSSING UNIT 1, PHASE 1; LOCATED AT THE INTERSECTION
WITH GARDEN COURT PUBLIC RIGHT-Of-WAY, APPROXIMATELY
520 fEET SOUTH OF LENS DRIVE; SUBJECT TO COMPLIANCE
WITH THE SPECIFIED CONDITIONS.
WHEREAS, there is a 133.01-square foot portion of the Oso Parkway right-of-way out
of King's Crossing Garden Homes and Lots 16-20, Block 38, King's Crossing Unit 1,
Phase 1, plat recorded in Volume 61, Pages 141-143, Map Records of Nueces County,
Texas, located at the intersection with Garden Court public right-of-way, approximately
520 teet south ot Lens Drive, that King's Crossing Realty is requesting to have
abandoned and vacated as a street right-ot-way to allow for the realignment of Oso
Parkway; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion ot the right-of-way for street
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 133.01-square foot portion ot the Oso Parkway right-of-way out
of King's Crossing Garden Homes and Lots 16-20, Block 38, King's Crossing Unit 1,
Phase 1, plat recorded in Volume 61, Pages 141-143, Map Records of Nueces County,
Texas, (as depicted on attached exhibit) located at the intersection with Garden Court
public right-of-way, approximately 520 feet south of Lens Drive, is abandoned and
vacated for public use as a right-ot-way, subject to King's Crossing Realty's compliance
with the following specified conditions as part of the abandonment and vacation:
1 ) Payment of the fair market value is waived because Sec. 49-12 of the
Code of Ordinances eliminates payment of the fair market value when an
abandoned street is unimproved, as it is in this case and the Owner will be
dedicating public street right-ot-way ot greater value related to King's
Crossing Unit 21 subdivision, to off-set this abandonment and vacation of
public right-ot-way.
2) Upon approval from City Council and ordinance issued, all grants of street
closures must be recorded in the real property Map Records of Nueces
County, Texas, in which the property is located. Prior to building permit
approval of construction, an up-to-date survey, abstracted for all
easements and items of record, must be submitted to the Director of
Development Services.
H: Leg/ garyws/agenda!2 006/0 3 - 28/0soParkwayabandon
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
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of __0
,2006 by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
PASSED AND APPROVED, this the
day of
,2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved: March 22, 2006
By: flr ~
:yJw. Smith
Assistant City Attorney
For City Attorney
H: Leg! garywsl agenda/2006/0:\ - 2 8/0soParkwayabandon
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on-~ground 8IIVf1Y) as shown on the
recorded plat of King $ CroII8ing Gorrhn Horn6s
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1 Phase T, a map of which is recordfJd in
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DATE: ~ber 28, 2005
SCAt i:'. 1 -20'
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AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/28/06)
Case No. 0206-04-Texas Star Investments. Inc.: A zoning change from a "R-IB" One-family Dwelling
District to a "B-4" General Business District. The property being 7.2385 acres, consisting of Lot l-R and a
portion of Lot 2, Block 2 of the Noakes Partition. located on the north side of Interstate Highway 37 and north
of VIOlet Road
PlumnS! Commission and Staffs Recommendation (2/22/06): Denial of a "B-4" General Business
District, in lieu thereof, approval of a "B-4" General Business District along the frontage for an
approximate area of 155 x 315 feet (1.2039 acres).
Reouested Council Action: Denial of a "B-4" General Business District, in lieu thereof, approval of a
"B-4" General Business District along the frontage for an approximate area of 155 x 315 feet (1.2039
acres ).
Purpose of Request: Develop a neighborhood shopping center.
Summarv:
· The Request. The applicant has requested a zoning change from "R-IB" One-Family Dwelling
District to "B-4" General Business District to develop a neighborhood shopping center.
· Existing Land Use. The subject property is vacant land with frontage on Up River Road at the
intersection ofIH37 and Violet. Located to the west of the subject property is a Credit Union. A
vacant tract of land north of the subject property is under the same ownership and is zoned "R-
IB". East of the subject property is a fueling station zoned B-4. Up River Road and IH37 abut
the subject property to the south.
· The "B-4" District zoning should be reserved for commercial sites of a larger size at major
intersections to create community or regional commercial developments and, to allow space for
buffering next to surrounding low density residential areas.
· The "B-1" District allows a wide variety of commercial uses including restaurants and shopping
centers similar to the "B-4" District. The "B-1" District offers protection to the existing or future
neighborhood by not allowing uses such as bars, auto repair shops, etc. Auto repair uses typically
have outside storage of vehicles, such vehicles storage would require screening along the city
entrance corridor.
· Transportation. Access is provided along the frontage area of Up River Road. Up River Road is
designed with two west bound lanes paralleling with Interstate 3 7.
· Subject property is located in proximity to an entrance and exit ramp for Interstate -37
and has only 155 feet of frontage on Up River Road.
· Traffic counts along this section of Interstate -37 and Up River Road are 61,170 ADT
(Average Daily Trips) and 4,580 ADT, respectively.
· Utilities. Water and wastewater connections are available to the site.
I\genda Memorandum
Case No. 0206-04 (Texas Star Investments, Inc.)
Page 2
. Comprehensive Plan and Land Use Compatibility. The commercial land use is consistent
wIth the Future Land Use Plan. However, since low density residential is planned north of the
proposed commercial property an appropriate buffer or limited commercial use is preferred to
assure compatibility. The Northwest Area Development Plan also indicates that 1-37 corridor be
a primary entrance to the city and be designated as a scenic corridor. Uses with unlimited
slgnage, etc. are not recommended along this corridor.
Applicant's Position: The applIcant is in agreement with recommendation.
Notification: Of the eleven (11) notices mailed to the surrounding property owners, zero (0) was
returned in favor and in opposition. The 20% rule is not invoked. This case is considered
noncontroversial.
d / .
.//1?,~{ tV. b
Michael N. Gunning, AICP
Assistant Director of Development S . ces
MG/FGMJals
Attachments:
I) Zoning Report
2) Planning CommiSSIOn Minutes
3) Ordinance
HIPLN-D1RISHARED\Gai 1\ WO RD'v\ GENDMEM\2006 IF ebruary10206-04 AGENDAM EMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0206-04
Planning Commission Hearing Date: February 22, 2006
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I AppUcant: Texas Star Investments, Inc
I Owner: Texas Star Investments, Inc
i Agent: Joe W. Holt
I Legal DescriptionILocation: Being 7.2385 acres, consisting of Lot I-R and a portion of Lot 2,
! Block 2 of the Noakes Partition, located on the north side of the Interstate Highway 37 and north
I of Violet Road.
I
:
I From: "R-IB" One-Family Dwelling District
I To: "B-4" General Business District
I Area: 7.2385 acres
i Purpose of Request: Develop a neighborhood shopping center
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Zoning Existing Land Use Future Land Use
i Site "R-IB" One-Family Vacant Land Low-density residential
Dwelling District
: North "R-IB" One Family Vacant land and Nueces Low-density residential
Dwelling River
i South "B_4" General Business Commercial, residential Commercial, Low-density
i I District residential
i East "R-IB" One Famlly Commercial, vacant, low Commercial, Low-density
I Dwelling, "B-4" General residential residential
Business District,
West "B-4" General Business Credit Union and Commercial
, District restaurant
Area Development Plan: Northwest. The future land use map supports commercial
development along the frontage of Up River Road and IH 37 with low-density residential to the
north along the Nueces River.
Map No.: 062050
Zoning Violations: None
/OIllng Report
('ase No. 0206-04 (Texas Star Investment. Incl
Page 2
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. The Request. The applicant has requested a zoning change from "R-IB" One-Family
Dwelling District to "B-4" General Business District to develop a neighborhood
shopping center.
. Existing Land Use. The subject property is vacant land with frontage on Up River Road
at the intersection of IIB 7 and Violet. Located to the west of the subject property is a
Credit Union. A vacant tract of land north of the subject property is under the same
ownership and is zoned "R-IB". East of the subject property is a fueling station zoned
B-4. Up River Road and IH37 abut the subject property to the south.
. The "B-4" District zoning should be reserved for commercial sites of a larger size at
major intersections to create community or regional commercial developments and, to
allow space for buffering next to surrounding low density residential areas.
. The "B-I " District allows a wide variety of commercial uses including restaurants and
shopping centers similar to the "B-4" District. The "B-1" District offers protection to the
existing or future neighborhood by not allowing uses such as bars, auto repair shops, etc.
Auto repair uses typically have outside storage of vehicles, such vehicles storage would
reqUIre screening along the city entrance corridor.
. Transportation. Access is provided along the frontage area of Up River Road. Up River
Road is designed with two west bound lanes paralleling with Interstate 37.
· Subject property is located in proximity to an entrance and exit ramp for
Interstate -37 and has only 155 feet of frontage on Up River Road.
· Traffic counts along this section of Interstate -37 and Up River Road are 61,170
ADT (Average Daily Trips) and 4,580 ADT, respectively.
. Utilities. Water and wastewater connections are available to the site.
. Comprehensive Plan and Land Use Compatibility. The commercial land use is
consistent with the Future Land Use Plan. However, since low density residential is
planned north of the proposed commercial property an appropriate buffer or limited
commercial use is preferred to assure compatibility. The Northwest Area Development
Plan also indicates that 1-37 corridor be a primary entrance to the city and be designated
as a scenic corridor. Uses with unlimited signage, etc. are not recommended along this
comdor.
I Street Type Existing Paved Volume (2001)
~ ! Section
~ I Freewayl Expressway 360 R.O.W. w/l15 ft. 61,170 a.d.t.
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/OIlIng R~port
Case No. 0206-04 (Texas Star Investment, Ine)
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· On December 20,2005 City Council denied a change of zoning from "R-IB" One-Family
Dwelling District to a "B-4" General Business District on a property east of the subject
property Such property is located 1 ,200 feet east of the subject property at the
intersectIOn of Up River Road and Session Road. City Council approved a "B-1"
Neighborhood Business District with a Special Permit for hotel/motel use,
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~ Denial of the "B-4" General Business District and, in lieu thereof, approval of a "B-4" General
Q Business District along the frontage for an area of 155 x 315 feet.
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Number of Notices Mailed: 11
Favor: 0
Opposition: 0
. (As of February 1"',2006)
Attachment: Zoning Map
H:\PLN-DIRISHARED\GAIL\ WORD\ZONRPTS\2006\February\CC0206-04 Report.doc
06FEB06/HK
F-R Farm Rural District
RE Residential fstate 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 DweHing District
T-1A Travel Trailer Park District
T-1B Manufactur.ed Home Park Dist.
T.1C ManufllCtured Home
Subdivision District
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Case No. Z0206-04
Notice Map
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A.1 Apartment House District
A-1A Apartment House District
A-2 Apartment House District
AT Apartment-Tourist District
AB Professional Office District
B.1 Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business District
B.2 Bayfront Business District
BD Corpus Christi Beach Design Dist.
B-3 Business District
B-4 General Business District
B-5 Primary Business District
B.6 Primary Business Core District
~
NORTH
GIS
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1-1 Limited Industrial District
1-2 Light Industrial District
1.3 Heavy Industrial District
SP Special Permit
HC Historical..cultural landmark
PUD Planned Unit Development Preservation
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400
.
200
Feet
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City HaD
Wednesday - February 22, 2006
d. 0206-04
Texas Star Investments, Inc.: From "R-lB One-Family Dwelling District
to a "B-4" General Business District
Bemg 723 acres out of a portion of Noakes Partition, Lot 2, Block 2 and Lots I,
3 and 4 of Block 2, located north of Up River Road.
Adriana Trujillo presented the above case for a request for a "B-4" General Business District for
the purpose of developing a neighborhood shopping center. The subject property is vacant land located at
Interstate Highway 37 and Violet Road with access frontage on Up River Road. The existing land use
map shows a "B-4" General Business District to the south and west side of the property with a
convenience store to the east and vacant land to the north. Since low density residential is planned north
of the proposed commercial property, an appropriate buffer or limited commercial use is preferred to
assure compatibility. Transportation access is provided along the frontage area of Up River Road with
two (2) west bound lanes paralleling with Interstate 37. Staff recommends denial of the "B-4" General
Business District and, in lieu thereof, approval of a "B- I " Neighborhood Business District with a depth of
3 I 5 feet along Up River Road. There were eleven (11) notices mailed out and zero notices were returned
m favor or opposition.
Michael Gunning stated that he has met with Mr. Holt who is the applicant in this case. Mr. Holt
IS in agreement with rezoning the first 315 feet of the property a "B-4" General Business District and
leaving the back portion of the property an "R-IB" One-family Dwelling District. He is in the process of
purchasing property to the east and has the "B-4" district on the east and west side of the subject property.
Staff IS in agreement WIth this change.
In answer to Commissioner Skrobarczyk's question, Mr. Gunning stated that a long strip of
commerCIal development does not lend itself well because of the access needed for the number of sites. It
IS like a stnp center that has no frontage. If that was to occur, there would be a negative impact to the
north. The master plan for this area caBs for development of commercial zoning for the frontage and
residential in the back.
Commissioner Pusley stated that he appreciated the applicant agreeing with the change in the
zoning request and believe It is a good fit. There is more residential development just east of the subject
property and is a good sign to see new homes coming into the area.
Michael Gunning stated that the transportation plan includes a proposed collector road to tie in
with Violet Road to bring better circulation into this area and will enhance its development.
Public hearing was opened.
Wayne Lundquist, 4466 Ocean Drive, Corpus Christi, Texas stated that Texas Star is planning to
develop a small shopping center that should be a great addition to the neighborhood. Communication has
been made with TxDOT to arrange the necessary curb cuts. There is a "B-4" district on both sides of
subject property and Texas Star is agreeable to the "B-4" on the frontage.
Public hearing was dosed.
Motion for approval was made by Commissioner Pusley for denial of a "B-4" and, in lieu thereof,
approval of a "B-4" General Busmess District for the 315 feet depth of frontage access and seconded by
CommissIoner Martinez.
Motion to re-open public hearing was made by Commissioner Pusley and seconded by
CommissIOner Skrobarczyk
Joe Yama, 4814 Gooth, Corpus Christi, Texas stated his opposition due to water coming onto his
property from an open ditch located between his property and the adjacent property.
Mr. Gunning stated that at the platting stage drainage will be addressed.
Motion for approval of a "B-4" General Business District for the 315 feet depth of frontage
access passed unanimously with Commissioners Salazar and Zamora being absent.
H :IP LN- 0 IR \s HAREO\G AIL\WO R DlAG EN OM EM\2006\FebruaryI0206-04M inutes Excerptdoc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY TEXAS STAR INVESTMENTS, INC., BY CHANGING THE ZONING
MAP IN REFERENCE TO 1.2039 ACRES, CONSISTING OF LOT 1-R
AND A PORTION OF LOT 2, BLOCK 2 OF THE NOAKES PARTITION,
LOCATED NORTH OF THE INTERSECTION OF INTERSTATE
HIGHWAY 37 AND VIOLET ROAD, FROM "R-1B" ONE-FAMILY
DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Texas Star Investments, 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 22, 2006, during a meeting of the Planning Commission, and on Tuesday,
March 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 1 .2039 acres, consisting of Lot 1-R and a portion
of Lot 2, Block 2 of the Noakes Partition, located north of the intersection of Interstate
Highway 37 and Violet Road from "R-1 B" One-family Dwelling District to "B-4"
General Business District. (Map 062050) (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 28th day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett.
Mayor, City of Corpus Christi
APPROVED: March 20, 2006.
(~i/::&tdJ
Gary . Smith
Assistant City Attorney
For City Attorney
H :ILE G-DIRIgarywslgarywslagenda\2006103-2810206-04AlternativeZoning Texas Star Investrnents.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.
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 :\LE G-DI R\garyws\garyws\agenda \2006\03-28\0206-04AlternativeZoning Texas Star InvestmentS.doc
BASS a WELSH ENGINEERING
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CO_pus CNIU....l. ~ 784....a8'7
FIJLD NO'l'R DBSCaIP'fION
FebraIQ' 2.1..1006
~G a ~ situated in CotpuI ChriIti, ~ ComltY.1'exIS, !:OJI~ of Lot 1-1 aDd. a pOdid\ of Lot
2, Bloek 2. oftbc Nookcs hrtition. as &bOWD on the JIlIP theJeofrecorded in Volar1lG 36, 1'..16 ad 17
of1he Map ~ ot'N\aeccS County, Texas, and being snore pertieuIady doaoribc4 b}' metes - bounds
lIS follows;
B'EOlNNlNG at the ao\l1l)welt ~ of1.o\ 2. Block 1, NoalcI=s PatciUoo. for 1be soutb~ con::acr of this
net, tbeaCe Nl7"28'42'B aloal tbe west lineofI..ot2.. a di.stIooe Clf'31S.07 feet to apoiDt f~ lbenorthwest
comer ofthili tI-.ct;
THBNCS S61~' 19"E 1lef08S ~ 2, a ~ of 176.08 feet to a poiAt in the east 1$ of Lot 2 fortbe
nortbeast comer oftbis tract,
THENCE 53(1.57' Stf~ aloo& the east lbJe of Lot 2 aDd Lot i-R. .. diItance of 31 S.26 feet to tbe SO\dbIaSt
cona<< ofl.A)t 1~:R. aDll the aoulheut comer oft1UlUBt, .id point l)'iog in the nordl ript-or-way Me of Up
River Road (lQt8r1la1e Higbway 37)~
THENCE N61"2.0'l9"S .lona the south bnc of Lot l-P.,and I.ot 2_ tIae northrlgbt..or~ay liMotUp
River lUlad. a di.stance of 156.91 ~ to tbe point ofBBGINNlNG, forDliog · tract cmbrac;ing 52,443
squue filc:t (1.Z03~ ~reI).
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Not&: Dcsorlption has boaeD prepared. ii'ORI the Map otlleccxd.
o5OS3 fiekl NoI8 DIId._
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21
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/28/06)
Case No. 0206-05-Wavne Lundquist. Trustee: A zoning change from a "B-1" Neighborhood Business
DistrIct to a "B-4" General Business District. The property being 5 .88 acres out of Flour Bluff and Encinal
Farm and Garden Tracts, south 1/3 of Lot 9, Section 5, located along the northwest comer ofS. Staples Street
and Timbergate Drive
Plannine: Commission and Staff's Recommendation (2/22/06): Denial of the "B-4" District and in lieu
thereof, approval of a Special Permit subject to two (2) conditions.
Requested Council Action: Denial of the "B-4" District and in lieu thereof, approval of a Special Permit
subject to two (2) conditions.
Purpose of Request: Development of unspecified commercial uses, specifically a Gold's' Gym
allowing for a fitness center, health/snack center, swimming and sauna/spa area.
Summarv:
· ApplIcant is requesting a change of zoning from "B-1" Neighborhood Business District to a
"B-4" General Business District, in order to develop a gymnasium (Gold's Gym) and retail space.
Gymnasiums are specifically allowed in the "B-4" District while a variety of retail uses are permitted
in the existing "B-1" DIstrict or requested "B-4" District.
· The subject property consists of 5.88 acres proposed for development with a 25,000 square foot
gymnasium and additional space for retail. Typically one acre is needed for each 10,000 square feet
of commercial store area. Commercial development consisting of a 25,000 square foot structure is not
considered a community or regional commercial use, but rather a neighborhood commercial use.
Neighborhood commercial centers are unenclosed structures that are usually 100,000 square feet or
less. Community commercial centers generally contain 150,000 to 300,000 square feet on a fifteen
(15) to thirty (30) acre tract. RegIOnal commercial centers are between 500,000 to 2 million square
feet on fifty (50) to two-hundred (200) acres.
· A 25,000 square foot gymnasium would generate 774 average vehicle trips.
· The property has frontage along South Staples Street, an arterial and Timbergate Drive, a collector.
· The subject property is III proximity to single and multi-family development. North of the subject
property is an "A-2" Apartment District developed as an apartment. To the south and west is a
"R-IB" District developed with single-family residences and a church, respectively. East of the
subject property, across South Staples Street, is an undeveloped "B-4" District tract.
Agenda Memorandum
Case No. 0206-05 (Wayne Lundquist, Trustee)
Page 2
. A "B-4" Distnct allows for auto-repair, bars, lounges and taverns, as well as an increase in signage
for the Staples Street corridor. The requested "B-4" District provides for unlimited signage as to area
and height. Multiple freestanding signs would be allowed under the "B-4" District. Maintaining the
"B-1 ,. District would limit freestanding signage to one (1) forty (40) square foot sign per premise
with a maximum height of twenty (20) feet. The "B-1" and "B-4" District provide for unlimited
wall slgnage and prohibIt placement of the sign on the roof.
-[he Southside Area Development Plan future land use map recommends commercial development.
However, the proposed development consists of a planned 25,000 square foot gymnasium that is
characterized as a neighborhood commercial structure. Retaining the "B-1" District is
recommended for the subject property. The "B-1" District offers less sign area and sign height than
allowed by general commercial and eliminates heavy auto repair uses and bars.
. A Special PermIt for the gymnasIUm use is preferred for the subject property due the proximity of the
residential properties to the north and west and the church property to the south. The Special Permit
eliminates possible "B-4" District uses that would not be compatible to the adjacent properties.
- Demal of the "B-4" District and in lieu thereof, approval of a Special Permit subject to two (2)
condItions:
1. USES: A gymnasium use allowing for a fitness center, health/snack center, swimming
and sauna/spa area shall be permitted on the subject property and allowable by right uses
permitted in the "B-1" General Business District.
2. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2)
years from the date of this ordinance unless the property is being used as outlined in
condition #1 and in compliance with all other conditions and City rules and regulations.
Aoolicant's Position: The applicant is in agreement with recommendation.
Notification: Of the twenty-eight (28) notices mailed to the surrounding property owners, zero (1) was
returned in favor and four (4) received in opposition. The 20% rule is not invoked. This case is
considered noncontroversial.
A~('
Michael N. Gunning, AICP
Assistant Director of Deve10pment Services
MGIFGM/als
Attachments:
1) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H\P LN-DIR ISHAREDlGai IIWO RDIA GENDMEM\2006\FebruaryI0206-05 A GEND AMEMO .doc
CITY COUNCIL
ZONING REPORT
Case No.. 0206-05
Planning Commission Hearing Date: February 22, 2006
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Applicant: Wayne Lundquist, Trustee
Owner: James Robert, Joe Williams and Cynthia Howze
Agent: Same as applicant
Property Area: Being 5.88 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, south 1/3 of Lot 9, Section 5, located along the northwest corner of S. Staples and
Timbergate Drive
From: "B-1" Neighborhood Business District
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To: "B-4" General Business District
Area: 5.88 acres
Purpose of Request: Development of unspecified commercial uses, specifically a
Gold's' Gym allowing for a fitness center, health/snack center, swimming and sauna/spa
area.
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Zoning Existing Land Use Future Land Use
Site "B-1" Neighborhood Undeveloped land Commercial
Business District
North "A-2" Apartment House Apartments Multi-family
District
South "R-IB" One- family Church Public/Semi-public
Dwelling District
East "B-4" General Undeveloped land Commercial
i Commercial
! West "R-IB" One-family Single-family residences Low-density residential
Dwelling District
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Area Development Plan: The future land use map recommends commercial development.
The proposed development consists of a 25,000 square foot gymnasium that is characterized as a
neighborhood commercial structure. Neighborhood commercial centers are unenclosed structures
that are usually 100,000 square feet or less. Maintaining the "B-1" District with a Special Permit
for a gymnasium is recommended for the subject property.
Map No.: Gl6A
Zoning Violations: None
Zomng Report
Case No. 0206-05(Wayne Lundquist. Trustee)
Page 2
. Applicant is requesting a change of zoning from "B-1" Neighborhood Business District to a
"B-4" General Business District, in order to develop a gymnasium (Gold's Gym) and retail
space. Gymnasiums are specifically allowed in the "B-4" District while a variety of retail
uses are permitted in the existing "B-1" District or requested "B-4" District.
- The subject property consists of5.88 acres proposed for development with a 25,000 square
foot gymnasium and additional space for retail. Typically one acre is needed for each 10,000
square feet of commercial store area. Commercial development consisting of a 25,000 square
foot structure is not considered a community or regional commercial use, but rather a
neighborhood commercial use. Neighborhood commercial centers are unenclosed structures
that are usually 100,000 square feet or less. Community commercial centers generally
contam 150,000 to 300,000 square feet on a fifteen (15) to thirty (30) acre tract. Regional
commercial centers are between 500,000 to 2 million square feet on fifty (50) to two-hundred
(200) acres.
A 25,000 square foot gymnasium would generate 774 average vehicle trips.
The property has frontage along South Staples Street, an arterial and Timbergate Drive, a
collector.
The subject property IS in proximity to single and multi-family development. North of the
subject property is an "A-2" Apartment District developed as an apartment. To the south and
west is a "R-lB" District developed with single-family residences and a church, respectively.
East of the subject property. across South Staples Street. is an undeveloped "B-4" District
tract.
A "B-4" District allows for auto-repair, bars, lounges and taverns, as well as an increase in
signage for the Staples Street corridor. The requested "B-4" District provides for unlimited
signage as to area and height. Multiple freestanding signs would be allowed under the "B-4"
District. Maintaining the "B-1" District would limit freestanding signage to one (1) forty (40)
square foot sign per premise with a maximum height of twenty (20) feet. The "B-1" and
"B-4" District provide for unlimited wall signage and prohibit placement of the sign on the
roof
. The Southside Area Development Plan future land use map recommends commercial
development. However, the proposed development consists of a planned 25,000 square foot
gymnasium that is characterized as a neighborhood commercial structure. Retaining the
"B-1" District is recommended for the subject property. The "B-1" District offers less sign
area and sign height than allowed by general commercial and eliminates heavy auto repair
uses and bars.
. A Special Permit for the gymnasium use is preferred for the subject property due the
proximity of the residential properties to the north and west and the church property to the
south. The Special Permit eliminates possible "B-4" District uses that would not be
compatible to the adjacent properties.
Zomng Report
Case No. 0206-05(Wayne Lundquist, Trustee)
Page 3
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Paved Section
, . South Staples Sn:eet _ .__
Timbergate Drive
Arterial
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100'R.O.W. w176' paved
60' R.O.W. w/42' aved
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i On March 3, 2006, staff was notified by the applicant that the gymnasium/health/spa use
i and retail spaces are proposed in a 50,000 square foot structure as opposed to the original
I concept of a 25,000 square foot gymnasium with additional retail space. This modification
to the area ofthe structure(s) is acceptable.
The "B-1" District is more compatible to the existing land uses to the north, south and west
(single and mult1- family residential and church uses). Freestanding signage in the "B-4 District
is unlimited as to area, number and height, while the "B-1" District offers less freestanding sign
area and height. Uses permitted in the requested"B-4" District, such as heavy auto repair and bars
could also develop in proximity to the single and multi-family residential uses.
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Denial of the "B-4" District and In lieu thereot~ approval of a Special Permit subject to two (2)
conditions:
I. USES: A gymnasium use allowing for a fitness center, health/snack
center, swimming and sauna/spa area shall be permitted on the subject
property and allowable by right uses permitted in the "B-1" District.
2. TIME LIMIT: This Special Permit shall be deemed to have expired
within two (2) years from the date of this ordinance unless the property is
heing used as outlined in condition #1 and in compliance with all other
conditions and City rules and regulations.
lomng Report
Case No. 0206-05(Wayne Lundquist Trustee)
Page 4
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Denial of the "B-4" District and in lieu thereof, approval of a Special Permit subject to two (2)
conditions:
USES: A gymnasium use allowing for a fitness center, health/snack
center, swimming and sauna/spa area shall be permitted on the subject
property and allowable by right uses permitted in the "B-1" District.
2 TIME LIMIT: This Special Permit shall be deemed to have expired
within two (2) years from the date of this ordinance unless the property is
being used as outlined in condition #1 and in compliance with all other
conditions and City rules and regulations.
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Number of Notices Mailed
Favor 1
Opposition 4
(As of February 22,2006)
28
Attachments: Zoning Map
H . IPLN-D IR\SHARED\GA ILl WORDIZONRPTS\2006\FebruaryICC0206-05REPOR T.doc
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - February 22, 2006
a. 0206-05
Wayne Lundquist, Trustee: From "B-1" Neighborhood Business District to a
"B-4" General Business District
Bemg 5.994 acres out ofa portion of Flour Bluff and Encinal Farm and Garden
Tracts, Lot 9, Section 5, located northwest of Timbergate Drive and west of South
Staples Street.
Faryce Goode-Macon presented a powerpoint presentation requesting a "B-4" General Business
District for property located at Timbergate Drive and South Staples Street. The purpose of the request is the
development of a 25,000 square foot gym and other retail uses. As the "B-1 ''Neighborhood Business
District would accommodate the varied retail uses, the "B-4" District would be needed for the square
footage of the proposed gym. To the north ofthe subject property is an "A-2" Apartment House District, to
the south a "R-IB"One-Family Dwelling District where a church is located and to the west a"R-IB" One-
family Dwelling District with a "B-4" General Business District to the east. Ms. Goode-Macon stated that
Staff has reviewed the request and is agreeable to a "B-1" District with a special permit to accommodate the
gym. There was a petition submitted with thirty-nine (39) signatures that did not oppose commercial
development but were against certain "B-4" District uses.
Public hearing was opened.
Wayne LundqUist, 4466 Ocean Drive, Corpus Christi, Texas stated that the request for a
"B-4" District was needed because of the 25,000 square foot gym that is not allowed in a "B-1" District.
Mr. Lundquist stated that communication has been made with the Church and they have worked out an
agreement to deed restrict the property against a bar. There is only four (4) acres needed for the Gold's
Gym and there will be a small amount of retail.
Commissioner Huerta stated that a gas station is allowed in a "B-4" District and that is a problem
next to residential areas. There has been a lack of success with some gyms on the southside area of the city
to completely assume that the proposed gym would be successful.
Mr. Lundquist stated that a special permit is undesirable if a site plan is needed in exacting the
location of the gym since it is not known nor the retail use.
Staff stated that a narrative only site plan would be needed and not a map locating the building.
Cliff Atnip, representative of the 2nd Baptist Church, 358 University, Corpus Christi, Texas, stated
that the Church has a concern about a bar being there. After discussions with Mr. Lundquist, a deed
restriction was agreed upon, however, a special permit would also work fine.
H:\P LN- OIR \SHARED\GA IL \ WOR D\AGENOM EM\2006\February\0206-04Minutes Except.doc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
WAYNE LUNDQUIST, TRUSTEE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 5.88 ACRES OF FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, SOUTH 1/3 OF LOT 9, SECTION 5,
CURRENTLY ZONED "F-R" FARM-RURAL DWELLING DISTRICT, BY
GRANTING A SPECIAL PERMIT FOR GYMNASIUM USE, SUBJECT
TO TWO CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Wayne Lundquist, Trustee, 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 22, 2006, during a meeting of the Planning Commission, and on Tuesday,
March 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 granting a Special Permit for gymnasium use, subject to two conditions, for
5.88 acres out of the south one-third of Lot 9, Section 5, Flour Bluff and Encinal Farm
and Garden Tracts, located along the northwest corner of S. Staples Street and
Timbergate Drive, currently zoned "F-R" Farm-Rural District. (Map 044033)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following two cond itions:
1. USES: Gymnasium use allowing for a fitness center, health/snack center,
swimming and sauna/spa area shall be permitted on the subject property
and allowable by right uses permitted in the "B-1" District.
2. TIME LIMIT: This Special Permit shall be deemed to have expired within
two (2) years from the date of this ordinance unless the property is being
used as outlined in condition #1 and in compliance with all other
conditions and City rules and regulations.
H :ILEG-DI R\LaurieLA IGaryl0206-05Lundquistzoningordinancespgws .doc
Page 2 of 3
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached. the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 28th day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor. The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: March 22, 2006
~tJ5m~
Gary W. Smith
Assistant City Attorney
For City Attorney
H :\LE G-OI R\garyws\ga ryws\agenda\2006\03-28\0206-05Lundquistzoningordinancespgws. 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. /lwe, 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
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H : \lE G-DI R\ga ryws\garyws\agendaI2006\03-28\0206-05lundquistzoningordina ncespgws.doc
22
AGENDA MEMORANDUM
PIJBLlC HEARING - ZONING (CIty Council Action Date: 3/28/06)
Case No. 0206-06-John Mikulencak: A zoning change from a "T -I C" Manufactured Home Subdivision
District and a "B-1" Neighborhood BusIness District to a "R-l C' One-family Dwelling District. The property
bemg Padre Interstate 37 Husiness Park. l 'nIt I, Blocks I. 2 and 3. located 200 feet south of i11-37 and west of
Lantana Street.
Plannine: Commission and Staff's Recommendation (2/22/06): Approval of a "R-I Coo One-family Dwelling
District
Requested Council Action: Approval of a "R-I e" One-family Dwelling District.
Purpose of Request: Development of single- family residences on existing platted lots (6,000 square)
feet minimum with minimum front set back of20 feet).
Summary :
. Applicant is requesting a change of zoning from "T -I C" Manufactured Home Subdivision District
and "B-1" NeIghborhood Business District to "R-I C" One-family Dwelling District, in order to
construct single-family residences on the existing lots in the subdivision. The platted lots are a
mmimum of 6,000 square feet in area and have 20 foot front yards. The proposed "R-1 Coo zoning
requires a minimum lot size of 4,500 square feet and will permit construction of single-family
residences with a 20 foot front yard.
. The subject property consists of 11.137 acres proposed for construction of 52 single-family
residences. Two unoccupied manufactured homes exist on two lots in the subdivision. These
manufactured homes w1l1 be removed by the applicant before the change of zoning is approved by
CIty Council.
- North of the subject property is a "B-4" General Busmess District developed with two hotels. South
of the subject property IS a non-conforming manufactured home park zoned "R-IB" District. Along
the east boundary are smgle-family residences fronting Lantana Street in an "R-IB" District. To the
west IS an "A-I" Apartment House District developed with apartments. Further west is a
"T -1 ( .,. Manufactured Home Subdivision District developed as a manufactured home subdivision.
. The subject property is located in an area that is recommended to develop with manufactured home
uses. However, because the property was rezoned to permit manufactured home uses and the
subdIvision was constructed for manufactured home uses. the failure ofthe manufactured home
development is clear justification that manufactured home development may not appropriate for this
location. The "R-l Coo District is a low-density residential district which is compatible with the
surrounding uses and is generally supported by the Westside Area Development Plan in this area.
- The property has 115 feet of frontage along Lantana Street, a designated collector street.
Approximately 520 vehIcle trip ends would be generated from the proposed use. The existing streets
will accommodate the expected traffic.
.\genJa Melll\.HanJulll
Case No 0206-06 (John Mikulencak)
Page 2
Applicant's Position: The applicant IS in agreement with recommendation.
Notification: Of the thn1y-slx (36) notices mailed to the surrounding property owners, one (1) was
returned in favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is
considered noncontroversial.
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Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/als
Attachments:
I ) Zoning Report
2) Planning CommIssIon Mmutes
3) Ordinance
11\P LN- DIR\S HARED\Gai I \ WO RD\I\ GENDMEM\2006\F cbruary\0206-06 A G END AM EM 0 .doc
CITY COUNCIL
ZONING REPORT
Case No.: 0206-06
Planning Commission Hearing Date: February 22,2006
~ = Applicant: John Mikulencak
..,. .s . Owner: D & J Land Company, Inc.
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i. ~ ~ I Property Area: Being 11.137 acres out of Padre Interstate 37 Business Park located
~ Q i south of 1. H. 37 and west of Lantana Street.
I From: "T -1 C" Manufactured Home Subdivision and a "B-1" Neighborhood Business
. District
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To: "R-I C" One-Family Residential District
Area: 11.137 acres
Purpose of Request: Development of single- family residences on existing platted lots
(6,000 square feet minimum with minimum front set back of 20 feet).
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Zoning Existing Land Use Future Land Use
i Site I "T -I C" Manufactured Two unoccupied Manufactured home
I Home Subdivision and "B- manufactured homes - residential
I" Neighborhood Business the remaining lots are
, I DistriCl vacant
. North : "B-4" General Business Motels and undeveloped Commercial
i District land
, South i "R-IB" One-family Manufactured home Manufactured home
: Dwelling District park residential
: ~-~---~ Commercial
East ! "R-IB" One-family Single-family residences
i Dwelling District
West I "A-I" Apartment House Multi-family residences Multi-family residential
i District and "T -I C"
i Manufactured Home .~
f- I Dwelling District n
/~Olll ng Report
Case No. 0206-06(John M ikulencak!
Page 2
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Area Development Plan: The future land use map recommends manufactured home
development The property was rezoned in August of 2003 and the manufactured home
subdivision (streets and infrastructure) was completed in the fall of 2004. However, the
development has not been successful and a prospective purchaser (applicant) is proposing to
rezone the property to "R -1 C" One-family Dwelling District and develop the subdivision with
conventional single-famIly residences.
Map No.: GI6A
Zoning Violations: None
_ Applicant is requesting a change of zoning from "T -1 C" Manufactured Home Subdivision
District and "B-1" Neighborhood Business District to "R-1 C" One-family Dwelling District,
in order to construct single-family residences on the existing lots in the subdivision. The
platted lots are a mimmum of 6,000 square feet in area and have 20 foot front yards. The
proposed "R -1 C" zoning requires a minimum lot size of 4,500 square feet, and will permit
construction of single-family residences with a 20 foot front yard.
. The subject property consists of 11.137 acres proposed for construction of 52 single-family
residences. Two unoccupied manufactured homes exist on two lots in the subdivision.
These manufactured homes will be removed by the applicant before the change of zoning is
approved by City Council.
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. North of the subject property is a "B-4" General Business District developed with two hotels.
South of the subject property is a non-conforming manufactured home park zoned
"R-IB" District. Along the east boundary are single-family residences fronting Lantana
Street in an "R-IB" District. To the west is an "A-I" Apartment House District developed
with apartments. Further west is a "T -1 C" Manufactured Home District developed as a
manufactured home subdivision.
. The subject property is located in an area that is recommended to develop with manufactured
home uses. However, because the property was rezoned to permit manufactured home uses
and the subdivision was constructed for manufactured home uses, the failure of the
manufactured home development is clear justification that manufactured home development
may not appropriate for this location. The "R-l C" District is a low-density residential
district which is compatible with the surrounding uses and is generally supported by the
W estside Area Development Plan in this area.
. The property has 115 feet of frontage along Lantana Street, a designated collector street.
Approximately 520 vehicle trip ends would be generated from the proposed use. The
existing streets will accommodate the expected traffic.
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Type Paved Section Volume
(2001)
ollector 60'R.O.W.w/40'paved 3,080 a.d.t.
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,__..._____._ __._._L.
Zonmg Report
Case No. 0206-06(John Mikukncakl
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The property was rezoned from "R-lB" to "T-IC" and "8-1" in August of2003. The
manufactured home subdivisIOn (streets and infrastructure) was completed in the fall of 2004.
However. the manufactured home development has not been successful and a prospective
purchaser (applicant) IS proposing to rezone the property to "R-1C" One-family Dwelling District
and develop the subdivision with conventional single-family residences on the existing lots in the
subdivision. The platted lots are a minimum of 6,000 square feet in area and have 20 foot front
yards. The proposed "R- J C' zoning will permit construction of single-family residences with
minimum 20 foot front yards
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Attachments: Zoning Map
H: IPLN - 011{ ISHARED\G AIL \ WO R D\AGFNDMEM'2006\February\0206-06\CC0206-06REPOR T
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AT Apartment-Tourist District
A.B Professional Oftk;. District
8-6 Primary Business Core District
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200 400 feet
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - February 22, 2006
a. 02U6-06
John Mikulencak: From "T-I C"Manufactured Home Subdivision District and
"B-1" Neighborhood Business District to a "R-I C" One-Family Dwelling District
Bel ng 11 .137 acres out of a portion of H. L. Kinney Lands, Block I, 2 and 3 of
Padre Interstate 37 Business Park. located at Lantana Drive and Skyline Drive.
Mic Raasch presented the above case for a "R-I e" One-Family Dwelling District for the
development of single-family residences on existing platted lots. The subject property is located south of
Interstate Highway 3 7 and west of Lantana and Skyline Drive and was platted in 2004 to accommodate a
manufacturing home subdi\lsion. South of the subject property is a manufactured home park with single
and multi family residences to the east and west. The applicant believes the project would improve if
-:onverted to a "R-] C" Distnct and offcr single-family housing to residents as opposed to manufactured
homes Staff recommends approval. The development will provide 6,000 minimum square foot lots with
a mmImum front set back of 20 teet. There were thirty-SIX notices mailed out with zero notices returned
in favor or OppositIOn.
III answer to Commissioner Skrobarczyk's question, Mr. Raasch stated that the same frontage
will be used so the existmg driveways can be used.
In answer to Commissioner Pusley's question, Mr. Raasch stated that the road will be extended
west to Benys Road.
Public heanng was opened.
JImmy Hoenscheidt. representative for applicant, 800 N. Shoreline Blvd., Corpus Christi, Texas
stated that the street extension has been already set up by the applicant and is awaiting the City's
development plan for the property to the north. Mr. Hoenscheidt stated that both of the existing
manufactured homes on the property will be off the property within thirty (30) days. The existing sign
located on the back fcnce to the property will be taken down or painted over. Mr. Hoenscheidt stated that
43 of the 52 lots are 6,000 square feet lots and are arranged appropriately so the driveways could be
utihzed. I do not foresee a problem with the entry and exit access points. Mr. Mikulencak had been
mterested in his mitial project to provide people who owned a manufactured home the ability to have
ownership ofthe land rather than lease. The project sat for approximately one (1) year with no success.
When the applicant met with me. he was asking for a remedy. Our suggestion was to find lots for low
cost homes which was something that was needed in the area. When I presented the idea to the builders,
Mr. Mikulencak felt it was a good fit.
Public hearing was closed.
Motion for approval for an "R-I ('" One-Family Dwelling District was made by Commissioner
Braselton and seconded by ('ommissloner Skrobarczyk. Motion passed unanimously with Chairman
Stone. Commissioners Salazar and Zamora being absent.
H.' PLN-D1R 'SHARED.GAll IWOI< I )\AGFNDT\1EM \2006\FebruaryI0206-06Minutes Excerpt.doc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY JOHN MIKULENCAK BY CHANGING THE ZONING MAP IN
REFERENCE TO 11.137 ACRES OUT OF BLOCKS 1, 2 AND 3, UNIT 1,
PADRE INTERSTATE 37 BUSINESS PARK, LOCATED 200 FEET
SOUTH OF IH-37 AND WEST OF LANTANA STREET, FROM "B-1"
NEIGHBORHOOD BUSINESS DISTRICT AND "T-1C"
MANUFACTURED HOME SUBDIVISION DISTRICT TO "R-1C" 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 John Mikulencak 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 22, 2006, during a meeting of the Planning Commission, and on Tuesday,
March 28, 2006 during a meeting of the City Council, in the Council Chamber, 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 11.137 acres out of Blocks 1, 2 and 3, Unit 1,
Padre Interstate 37 Business Park, located 200 feet south of IH-37 and west of Lantana
Street from "B-1" Neighborhood Business District and "T-1C" Manufactured Home
Subdivision District to "R-1 e" One-Family Dwelling. (Map 052045)
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 28th day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett.
Mayor, City of Corpus Christi
APPROVED: March 20, 2006.
G~~-
Assistant City Attorney
For City Attorney
H :ILE G-DI R \garyvvslgarywslagenda \2006103-28\0206-06RegularZoningJohnMikulencak. 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. 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.
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
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H 'ILE G-DIRIgaryws Igarywslagenda \2006103-2810206-06RegularZoningJohnMikulencak.doc
23
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/28/06)
Case No. 0206-08-Braselton Land Ventures: A zoning change from a "F-R" Farm-Rural District and
"R-IB" One-family Dwelling District to a "R-IC" One-family Dwelling District. The property being 23.265
acres out of south 7J .18 ft. of Lot 4. all of Lot 5, & the northeast portioo of Lots 12 & 13, Section 25, Flour Bluff
& Encinal Farm and Garden Tracts. located south of Slough Road and east of Rodd Field Road.
Plannin2 Commission and Staff's Recommendation (2/22/06): Approval of a "R-l C" One-family Dwelling
District.
Requested Council Action: Approval of a "R-l C' One-family Dwelling District.
Purpose of Request: To develop one hundred and thirty-six single family residential units.
Summar"V :
. The apphcant is requesting a change of zoning from "F-R" Farm Rural and "R-IB" One-family
Dwelling District to "R-I C" One-family Dwelling District.
- The subject property consists of 23.265 acres with frontage along Slough Road, an arterial.
. The applicant is proposing a reSIdential subdivision with approximately 136 single family lots.
. The "R-l C" District provides for single-family development with lot sizes not smaller than 4,500
sq. ft. and lot Widths greater than 45 ft.
- The proposed development will generate approximately 34,000 gpd in water and wastewater
usage and approximately 1,200 lbs of solid waste per day.
- The "R-I C" One-family Dwelling District is consistent with the future land use map.
Applicant's Position: The applicant is III agreement with recommendation.
Notification: Of the eleven (II) notices mailed to the surrounding property owners, two (2) were
returned in favor and zero (0) was returned in opposition. The 20% rule is not invoked. This case is
considered noncontroversial.
jL/clw/A; /~
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/als
Attachments:
1) Zoning Report
2) Planning CommisslOn Minutes
3) Ordinance
H\P LN - D IR \SHAREDlGA IL\WORlhAGEN DM EM\2006\February\0206-08 AGENDAM EMOdoc
CITY COUNCIL
ZONING REPORT
Case No. 0206-08
Planning Commission Hearing Date: February 22, 2006
Applicant: Braselton Land Ventures.
~ = Owner: Same
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y l)J)... Property Area: Being 23.265 acres out of south 71.18 ft. of Lot 4, all of Lot 5, & the
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c. a.l
< ~ Tracts, located south of Slough Road and east of Rodd Field Road.
From: "F-R" Fann Rural District & "R-1B" One-family Dwelling District
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a.l To: "R-l e" One-family Dwelling District
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"0 Zoning Existing Land Use Future Land Use
= Site "FR" Farm Rural V acant land Single-family residential
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N"O South "FR" Farm Rural V acant lots Single-family residential
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fIl West I "R-1B" One-family V acant lots Single-family residential
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~ fIl Area Development Plan: Southside ADP- The Future Land Use Map recommends low-
c.= density residential development for the subject property. The proposed zoning is
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==:s Map: 062050
~> Zoning Violations: None
Zoning Report
Case No.0206-08 (Braselton Land Ventures) Page 2
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. The apphcant is requesting a change of zoning from "FR" Farm Rural and "R-IB" One-
family Dwelling District to "R-l e" One-family Dwelling District.
- The subject property consIsts of 23.265 acres with frontage along Slough Road, an
arterial.
_ The applIcant IS proposmg a residential subdivision with approximately 136 single family
lots
. The "R-I C" District provides for single-family development with lot sizes not smaller
than 4,500 sq. ft. and lot widths greater than 45 ft.
. The proposed development will generate approximately 34,000 gpd in water and
wastewater usage and approximately 1.200 Ibs of solid waste per day.
- The "R-I e" One-famIly Dwelling District is consistent with the future land use map.
Paved Section Volume
(2001 )
95' ROW w/64' Bk. To Bk NA
paved section.
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Approval of the "R-l e" One-family Dwelling District.
Zonmg Report
Case No.0206-08 (Braselton Land Ventures) Page 3
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Number of Notices Mailed
Favor 2
Opposition 0
(As of February 17, 2006)
II
Attachments: Zoning Map
H :\PLN-D IR\SHARED\GAIL \ WORD\lONRPTS\2006\February\0206-08REPOR T.doc
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RA On' family Dwelling District
R~'A OM F....ily Dwefllntil District
R.18 OM FaMily Ow.tuna District
R-1C One F....Uy DwelUng District
R.n~ Townhou.. Dwelling District
8.1 Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business Olstrict
T.18 Manulacturea Home Paf1( District
8-2 Bayfront Buslnln District
1.2 Light Industrial District
I.J Heavy IndUltrial District
SP Special Permit
PUD Planned Unit Development
He Hiltoricll-Cultural Landmark Preservation
R.2 Multiple Dwelling District
T .1A Travel Trailer Park Districl
City of Corpus Christl. Tl(
T.1C Manufactured Home Subdivision District
A.1 Apartment Houle District
A.1/1t Apartment House District
A.2 Apartment Hous. District
BD Corpus Christi Beach Oulgn District
B.3
Business Oi.trk1
AB Pro'auton.l Offk:e District
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City HaD
Wednesday - February 22, 2006
a 0206-08
Braselton Land Ventures - From "F-R" Farm-Rural District to a "R-lC"
One-family Dwelling District
Being 23.265 acres out of south 71.18 feet of Lot 4, all of Lot 5 and the northeast
portion of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden
Tract, located south of Slough Road and east of Rodd Field Road.
Sylvia Arispe stated that the above case for a "R-lC" One-family Dwelling District was is located
on Lots 12 and 13 of Flour Bluff & Encinal Farm and Garden Tracts and is for the purpose of developing
one hundred and thirty-six (136) single family residential units. The surrounding land use is zoned farm
rural and single-family residential and the future land use calls for single family residential. Staff
recommends approval of the "R-I C" One-family Dwelling District.
In answer to Commissioner Skrobarczyk's question, this area is part of Master Channel 27 and in
alignment of Master Channel3l at the southern portion of this tract.
Public hearing was opened.
Bart Braselton, 7406 Lake Buchanan, Corpus Christi, Texas stated his appreciation for the
Planning Commission's consideration.
Public hearing was closed.
Motion for approval was made by Commissioner Pusley and seconded by Commissioner Huerta.
Motion passed unanimously with Commissioner Braselton abstaining and Chairman Stone,
Commissioners Salazar and Zamora being absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
BRASELTON LAND VENTURES, BY CHANGING THE ZONING MAP IN
REFERENCE TO 23.265 ACRES OUT OF SOUTH 71.18 FEET OF LOT
4, ALL OF LOT 5 AND THE NORTHEAST PORTION OF LOTS 12 AND
13, SECTION 25, FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS, LOCATED SOUTH OF SLOUGH ROAD AND EAST
OF ROOD FIELD ROAD, FROM "FR" FARM-RURAL DISTRICT AND
"R-1 B" ONE-FAMILY DWELLING DISTRICT TO "R-1 C" 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 Braselton Land Ventures, 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 22, 2006, during a meeting of the Planning Commission, and on Tuesday,
March 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 23.265 acres out of south 71.18 feet of Lot 4, all of
Lot 5 and the northeast portion of Lots 12 and 13, Section 25, Flour Bluff and Encinal
Farm and Garden Tracts, located south of Slough Road and east of Rodd Field Road
from "F-R" Farm Rural District and "R-1B" One-family Dwelling District to "R-1C" One-
family Dwelling District. (Map 062050)
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 :\LEG-DI R\garyws\garyws\agenda\2006\03-2S\0206-QSBraseltonRegulargws060313.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 March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: March 20,2006
/i .
~K~~iu) flndL
G ry . Smith
Assistant City Attorney
For City Attorney
H: \LE G-DI R\garyws\garyws \agendaI2006\03-28\0206-08BraseltonRegulargwso60313.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.
Respectfully I
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 . ILE G-DIRIgarywslgarywslagenda\2006103-28\0206-08BrasellonRegulargws060313.doc
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FLOUR BLUFf' AND ENCINAL FARM & GARDEN TRACTS
PAGE 41, 42 & 43 CORPUS CHRISTI. NlJECES COUNTY. TEXAS SCALE: 1" = 200'
DATE: July 7, 2005
DWG FILE: SLOUGH
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FIRST AMERICAN TITLE CO.
GFI 618387-CC35
For: CAROL SYLVIA SMITH
SAMPj"E ENGINEERING, INC.
4925 EVERHART ROAD, SUITE 119
CORPUS CHRISTI, TEXAS 78411
(361) 806-0400
24
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (CIty Council Action Date: 3/28/06)
Case No. 0106-02-Javelina Companv: A change of zoning from an "1-2" Light Industrial District to an
"1-3" Heavy Industrial District. The property being Ehlers Garden Tract 8 (one acre out offormer Dunn Tract),
located along Eden Lane and 400 feet west of McBride Lane.
Plannine: Commission and Staffs Recommendation (2/22/06): Approval of an "1-3" Heavy Industrial
District
Requested Council Action: Approval of an "1-3" Heavy Industrial District.
Purpose of Request LIqUId hydro-carbon truck loading racks and four (4) above ground fueling tanks
for adjacent refinery.
Summary:
. ApplIcant requesting a change of zonmg from an "1-2" Light Industrial District to an "1-3" Heavy
Industrial District. The request IS to allow for the installation of a truck loading rack associated with
the adjoining Javehna Company to the east. Such loading operation will include four above ground
tanks containing liquid hydro-carbon with a capacity of 28,000 gallons per tank.
. The subject property consists of one (I) acre with access along Eden Lane, a fUrallocal street that
connects to McBnde Lane, a rural collector. Per the applicant, truck traffic will be through the
Javelma facility, east of the subject property, versus the local street.
. The property is currently being used as a storage and work area for the Javelina gas processing
facihty. Current use of the property is allowed under the "1-2" District. Above ground storage tanks
arc permitted in the "1-3" Heavy Industrial District and are classified as objectionable uses requiring
Board of Adjustment approval The proposed four (4) tanks are subject to Board of Adjustment
approval as an objectionable use and building permit requirements.
. Four (4) tanks are proposed along the north of Eden Lane and will be approximately 1,100 feet from
I.H. .n.
· A polley statement within the PorU Airport/Violet Area Development Plan recommends that new
heavy mdustrial uses/zoning shall be no closer than 1,000 feet from I.H. 37 right-of-way in order to
protect the City's primary emergency evacuation routes. The subject property is located
approximately 1.100 feet from tH. 37
· The subject property and surrounding area was formally residential, whereby residential uses have
been removed with the exception of two semi-public uses to the northwest and one residence to the
southwest. The Port/AIrport/Violet Plan recommends the area develop as an "1-3" District.
· The "[-3" Heavy Industrial District is consistent with the future land use map and fulfills the objective
of the Plan.
Agenda Memorandum
Case No. 0 I 06-02 (Javelina Company)
Page 2
Applicant's Position: The applicant is in agreement with recommendation.
Notification: Of the seven (7) notices mailed to the surrounding property owners, zero (0) was returned
III favor and in opposition. The 20% rule is not invoked. This case is considered noncontroversial.
MG/FGM/als
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MIchael N. Gunning, AICP I
Assistant Director of Development Services
Attachments:
1 ) Zoning Report
2) Planning CommissIOn Minutes
)) Ordinance
H.\P IN-DIRSHARED\GAIL\ WOR1 )AGENDM EM\2006\January\0 1 06-02 AGENDAMEMO.doc
HIPLN-DIR\SHARED\Gail\ WORD\A (iENDMEM \2006\February\0206-06 AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0106-02
Planning Commission Hearing Date: February 22,2006
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Applicant: Javelma Company
Owner: Same as applicant
Agent: Barry Bennett
Legal DescriptionILocation: Ehlers Garden Tract 8, (one acre out of former Dunn Tract),
located along Eden Lane and 400 feet west of McBride Lane
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From: "1-2" Light-Industrial District
To: "1-3" Heavy-Industnal Distnct
Area: I acre
Purpose of Request: Liquid hydro-carbon truck loading racks and four (4) above ground fueling
tanks for adjacent refinery
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Zoning Existing Land Use Future Land Use
: ..Site .---
"1-2" Light-Industrial District Refinery storage and Heavy-Industrial
, equipment yard
North "1-2" Light-Industrial District Vacant lot Heavy-Industrial
South I "1-2" LIght-Industrial District Vacant lot, refinery Heavy-Industrial
storage/maintenance
building and single-family
: residence
! East "1-2" Light-Industrial District Refinery Heavy-Industrial
West ~J-2" Light-Industrial District Vacant lot and church Heavy
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Q. = Area Development Plan: Port! Airport/Violet ADP- The future land use map supports heavy
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~ Map No.: 050047
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RevIsed Zoning Report
Case No. 0106-02 (Javelina Company)
Page 2
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· Applicant requestmg a change of zoning from an "1-2" Light Industrial District to an
"1-3" Heavy Industrial District. The request is to allow for the installation of a truck loading
rack associated with the adjoining Javelina Company to the east. Such loading operation will
include four above ground tanks containing liquid hydro-carbon with a capacity of 28,000
gallons per tank.
· The subject property consists of one (1) acre with access along Eden Lane, a rural local street
that connects to McBride Lane, a rural collector. Per the applicant, truck traffic will be
through the Javelina facility, east of the subject property, versus the local street.
The property is currently being used as a storage and work area for the Javelina gas
processing facility. Current use of the property is allowed under the "1-2" District. Above
ground storage tanks are permitted in the "1-3" Heavy Industrial District and are classified as
objectionable uses requiring Board of Adjustment approval. The proposed four (4) tanks are
subject to Board of Adjustment action and building permit requirements.
Four (4) tanks are proposed along the north of Eden Lane and will be approximately 1,100
feet from I.H 37.
A policy statement within the Port/Airport!Violet Area Development Plan recommends that
new heavy industrial uses/zoning shall be no closer than 1,000 feet from LH. 37 right-of-way
in order to protect the City's primary emergency evacuation routes. The subject property is
located approximately 1,100 feet from LH. 37.
· The subject property and surrounding area was formally residential, whereby residential uses
have been removed with the exception of two semi-public uses to the northwest and one
residence to the southwest. The Port/Airport!Violet Plan recommends the area develop as an
"1-3" District
· The "1-3" Heavy Industrial District is consistent with the future land use map and fulfills the
objective of the Plan.
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Volume
2001
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RevIsed Zoning Report
Case No. 0106-02 (Javelina Company)
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The subject property was formally a legal non-conforming residential area located in an
"1-2" Light Industrial District The area is transitioning to industrial uses, per the comprehensive
plan. Policy statements within the ADP recommends new heavy industrial uses/zoning shall be
no closer than 1.000 feet from LH. 37 right-of-way, in order to protect the City's primary
emergency evacuation routes. The subject property is located an average of 1,100 feet from
IH.r
The "1-3" DIstrict permits petroleum bulk storage as an objectionable use subject to approval by
the Zoning Board of Adjustment The proposed three (3) additional petroleum tanks require
Zoning Board of Adjustment approval. The existing legal non-conforming petroleum storage
tanks are not subject to Zoning Board of Adjustment action, but should be submitted for review
by the owner with the three (3) additional petroleum storage tanks during that process.
At the request of Planning Commission, the applicant met WIth the remaining residences in the
area. The applicant contacted staff and advised negotiations can not continue without a good
faith effort on the neighbor's part that they will seek fair compensation for the property.
The applicant has requested to table the case to the subsequent February 22,2006 hearing to
allow them additIOnal time to prepare a site plan and a visual presentation to the Planning
CommiSSIOn. Staffs recommendation, which IS supported by the Future Land Use Plan for the
area, is for approval of the "1-3" zoning designation. The applicant is amicable to a special
permit if a resolution with the surrounding property owners can not be reached.
Approval of the '[-3" Heavy Industrial District, subject to approval of the Zoning Board of
Adjustment.
Approval of the "1-3" Heavy Industrial District, subject to approval of the Zoning Board of
Adjustment.
i Number of Notices Mailed --15
I Favor -- 0
I
! Opposition n 2
I (As of January 20. 2006)
!
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Attachments: Zoning Map
H :IP[ .N- DIP".SHAREDIGAI UWORI )'ZONRPTS\2006'January\CCO 1 06-02REPORTRev2.doc
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f oR farm Rur.' Oiatnel
RE Residentia. Estate District
RA One Fa,,",y Owemng District
R~lA One Family o..lfing Oistrict
R-TH Townhouse Dwelling District
8-1 Neighborhood Business District
B-1A Neighborhood Business District
B~2A Sarrier Island Business District
1.2 Light Industrial District
1-3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Oevelopment
He Historical..cultural Landmark Preservalton
R -2 Multiple Dwelling Dislric t
T.11'\ Travel TraUer Park District
T41B Mlinufutured Home Park District
B~2 Bayfront Business Distric.t
BD Corpus Christi Beach Design District
R-18 One FamUy DweUing Dh5trict
T-1C Manufactured Home Subdivision District
R-1C 0.... Family o.ellin; Distnct
City of Corpus Christl. TX
A~1 A.pIImnent Houst Oistriel
A~1A ApIIrtment House Diltrict
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A-2 ApIInment House District
AT Apartment-Tourist District
B.5 Primary Bus'n... Dlstricl
AB Protessfonal Office District
B..fi Primary Buaine.. Core District
1-1 Limned 'oou51....1 Oistr.ct
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200 Feet
I
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - February 22, 2006
a. 0106-02
Javelina Company: From "1_2" Light Industrial District to an "1-3" Heavy
Industrial DIStrict
Ehlers Garden Tract 8, one acre out of former Dunn Tract, along Eden Lane and
400 feet west of McBride Lane,
Sylvia Arispe presented the above case which was initially presented on January 11,2006 to
the Plannmg Commission. This request is for a rezoning to an "1-3" Heavy Industrial District for four (4)
28,000 gallon above ground fuel tanks. The case was previously tabled from the Planning Commission
meeting of February 8, 2006 to give the applicant an additional opportunity to meet with the neighbors and
discuss options for the neighborhood. A site plan has been provided for the subject property and is
sufficiently distant enough from the proposed tanks. Staff recommends approval.
Public heanng was opened.
Tammy Castillo, 5417 Eden Lane, Corpus Christi, Texas stated that communication had been
made with Javelina. The Fire Marshall has also visited the site. Ms. Castillo stated that in view of this,
she feels safer with Javelina's operation.
George Salmas, Javelina Company, 5438 Union Street, Corpus Christi TX 78407 stated that
proposals have been provided to both the surrounding residents. Ms. Castillo has expressed an interest but
at this time, due to family issues, is unable to make a decision at this time. The other neighbor, Ms. Ortiz
has expressed an interest in relocating. Javelina's intent is not to access the public roads such as Eden Lane
but to use the closed off street area of Eden Lane that was approved by the City Council and use the area
near our existing warehouse
Mary Ortiz, 1250 McBride, Corpus Christi, Texas stated that their residential location is a
busmess and is located in the "1-2" Light Industrial District. Ms. Ortiz stated that she had spoken to
Javelina and advised them that more time was needed to relocate.
Michael Gunning stated that the process to rezone the property is the trrst step to expand their
building. The approval process puts no time limit in the negotiations between Javelina and the neighbors.
The business arrangement to purchase the two (2) residential properties is a private matter between
Javelina and the owners.
Public hearing was closed.
Motion to approval of an "1-3" Heavy Industrial District was made by Commissioner
Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners
Salazar and Zamora being absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY JAVELINA COMPANY, BY CHANGING THE ZONING MAP IN
REFERENCE TO ELHERS GARDEN TRACT 8, FROM "1-2" LIGHT
INDUSTRIAL DISTRICT TO "1-3" HEAVY INDUSTRIAL DISTRICT,
OBJECTIONABLE USE; 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 Javelina 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,
January 11, January 25, February 8, and February 22, 2006, during a meeting of the
Planning Commission, and on Tuesday, March 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 Ehlers Garden Tract 8, located along Eden Lane
and 400 feet west of McBride Lane, from "1-2" Light Industrial District to "1-3" Heavy
Industrial District, objectionable use. (Map 050047)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H :\LE G-DIR\garyws\garyws\ageoda\2006\03-28\O1 06-02Javelinagws060313.doc
Page 2 of 3
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 28th day of March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED: March 20, 2006
~Y~dL
Gary . Smith
Assistant City Attorney
For City Attorney
H :ILE G-DI RIgarywslgarywslagenda\2006103-2810 1 06-02Javelinagws060313 .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 . \LE G-DI RIga rywslgarywslagenda\2006\03-28\O 1 06-02Javelinagws060313 .doc
25
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of 2nd Quarter FY 2005-2006 Budget!
Performance Report.
STAFF PRESENTER(S):
Name Title/Position Deoartment
1. Oscar Martinez Assistant City Manager. Administrative Services
2. Eddie Houlihan Assistant Budget Director
ISSUE: The 2nd Quarter Report for the period ended January 31st, 2006 has
been completed and distributed to the City Council on March 24, 2006. The
report is now formally presented for Council Review.
REQUIRED COUNCIL ACTION: No formal action is required.
~f~
E d e Houlihan
Assistant Budget Director
Power Point Presentation X
Exhibits [
26
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 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 between the 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 the first Saturday in April, 2007, in the City of Corpus
Christi on the question of amending the Charter of the City of Corpus Christi to provide for
permanent restriction of vehicular access to the Gulf 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; 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 an,j 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 permanent restriction of vehicular access to the Gulf 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.
March 21, 2006 - proposed ordinance passed to second reading.
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 Balli Park. 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 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
permanent vehicular restrictions on the Gulf beach, conditioned on the actual restriction of
vehicles from the Gulf beach between Packery Channel and Padre Balli Park with all challenges
concluded.
~1U1w:Jm1L
(J Gary W. Smith
Assistant City Attorney
BACKGROUND INFORMATION
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 Islands, 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 1 0 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 govemments, 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 has
prepared the engineering plans for handicapped accessibility from the seawall to the beach, and
the project is currently in the bidding process.
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 permanently
restricted from any other Gulf beach segments. This election requirement will not be required
until the vehicular traffic is actually restricted from the Gulf beach segments and all challenges
to the vehicular restriction have been finally resolved. The election is proposed for April 7,
2007, and will be held in conjunction with the City's general election to be held on that date.
27
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/28/06
AGENDA ITEM:
A Motion authorizing the City Manager or his designee to execute a contract with Intergraph Public
Safety, Inc. of Madison, AL, for:
i) Purchase of the Public Information System to replace the existing CompuDyne/Tiburon, Inc.
System for Computer Aided Dispatch, Records Management, and Mobile Data Computer
systems. The Intergraph system includes hardware, software, and professional services not to
exceed $3,961,229 plus annual maintenance in the amount of $316,721 per year guaranteed
for years 2 through 10.
ii) Replacement of the existing Siemens' Automated Vehicle Location (A VL) system. The cost
of the hardware from Intergraph will not exceed $315,997 with the City providing installation
services estimated at $14,000.
Funding for this year's costs is in the current MIS budget. Future lease purchase payments and
maintenance costs will be requested in subsequent budget years. Intergraph is an approved Texas
Catalogue Information Systems vendor.
B Motion authorizing the City Manager or his designee to execute a contract with SIGMA
Solutions, Inc. of San Antonio, TX, to upgrade the existing EMC Storage Area Network (SAN)
at CCPD to model 800 to provide redundancy and add 1 additional terabyte of disk storage to
accommodate the Intergraph Public Safety Information System. The cost of the upgrade
including installation services and 3 years' maintenance will not exceed $185,647. Funding for this
year's costs is in the current MIS budget. Future lease purchase payments and maintenance costs
will be requested in subsequent budget years. SIGMA Solutions is an approved Texas Catalogue
Information Systems vendor.
ISSUE: Public Safety Consultants, Inc. (PSCI) of Wetumpka, AL, recently assisted the Corpus
Christi Police Department and Municipal Information Systems to complete a Request for
Qualifications, a Request for Proposal (RFP), a Benchmark of finalist vendors, and Best and Final
negotiations to replace the existing CompuDyne/Tiburon, Inc. Phoenix products for Computer Aided
Dispatch System (CAD), Records Management System (RMS), and Mobile Data Computer Support
(MIX:). The replacement system is from Intergraph Public Safety, Inc. of Madison, AL, and consists
of the following:
Intergraph hardware, software, 1- yr maintenance & services
CCPD SAN upgrade & disk plus 3 yrs maintenance
$3,961,229
185,647
A VL hardware
Total purchase
315.997
$4,462,873
Annual Intergraph maintenance
$316,721 per year guaranteed for years 2
through 10
The required completion date to have the system installed and tested, staff trained and ready for
productive use for the Computer Aided Dispatch and Mobile Data Computer phases is December 31,
2006, at which time CompuDyne is withdrawing support for the existing Phoenix products.
Council approved our plan to replace the Tiburon system and convert the data. Following are the
steps necessary to accomplish this task:
a. Purchased and readied the SAN for data migration
b. Replaced the voice/data circuits (cable plant) in the Police department buildings
c. Replaced 100 terminals with PCs
d Replaced Mobile Data Computers
e. Purchase replacement software and consulting services to replace the Phoenix product
(CAD, RMS, and MDC modules) and migrate operation from the Phoenix product to
the new software
f. Purchase replacement servers
g. Replace existing 100 MHz A VL system with a WiFi enabled system
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCD.. ACTION:
On May 18, 2004, City Council Motion authorized a contract with Public Safety Consultants, Inc. to
provide consulting services.
On January 20, 2004, City Council authorized the purchase of an EMC Storage Area Network and
cabling services from A VNET Enterprise Solutions to prepare for the replacement system.
On August 26, 2003, City Council authorized a twelve-month software maintenance agreement with
CompuDynelTiburon for the existing product.
On April 24, 2001, City Council authorized purchase of increased storage space for the existingnCompuDynelTiburon system.
On April 14, 1999, City Council authorized replacement of all major hardware components for the
CompuDynelTiburon system due to Y2K requirements.
FUNDING: Funding for this year's costs is in the current MIS budget. Future lease purchase
payments and maintenance costs will be requested in subsequent budget years.
CONCLUSION AND RECOMMENDA nON:
Staff recommends approval of the motions as presented.
C> ~ c.-:c~
Ogilvie F. Gericke
Director of MIS
Kenneth Bung
Acting Police Chief
BACKGROUND INFORMATION
BACKGROUND: The City of Corpus Christi Police Department purchased the Tiburon Phoenix
system from U. S. West in 1990. It includes Phoenix CAD, RMS, and MDC modules. The Computer
Aided Dispatching (CAD) is a computerized system by which information is received from the public
through 9] ] and dispatched to officers in the field. The Records Management System (RMS) is the
backbone of all information processed by the Police Department - offense reports, traffic reports,
supplementary reports, pawn shop data, alarms records, criminal history checks, arrest records, etc.
Mobile Data Computers (MDC) are placed in each of the vehicles and the Automated Vehicle
Locator is the system used to provide locations of all patrol units on a GIS mapping system.
In January, 2002, Tiburon announced its intention to withdraw support for the Phoenix products
effective December, 2006. The Corpus Christi Police Department decided to replace the system with
current technology that will incorporate open systems architecture, full integration and scalability,
high availability and reliability, and utilize the City's WiFi backbone.
In May, 2004, the City of Corpus Christi entered into a contract with Public Safety Consultants
1nc.(PSCI) ofWetumpka, AL, for four phases of consulting services to assist in the Tiburon system
replacement: 1) functional design specification for the Corpus Christi Police Department's dispatching
and records management functions; 2) issuance of an RFQ and RFP to leading industry vendors,
coordination of response analysis and benchmarking for finalists, and vendor selection; 3) contract
negotiation services; and 4) coordination and oversight of installation and testing of the replacement
system. Approval of this contract by City Council will complete phase 3 of the PSCI contract.
INTERGRAPH CONTRACT SUMMARY
· Agreement between Intergraph Corp. of Delaware with its principal office in Madison, AL and
the City of Corpus Christi, TX. The City issued an RFP for Police and Fire CAD, Records
Management, and Field Mobile Computing System, RFP # Bl-0019-06.
· Intergraph offered in the Proposal dated October 14, 2005 to provide the City with certain
hardware, software, and services identified in Exhibit A Pricing and Detail Summary, which
Intergraph represents and warrants shall meet the City's requirements outlined in the RFP,
Proposal. and this Agreement.
· This Agreement shall be effective as of date approved by Council and shall extend until all
services defined in the Agreement are completed, unless terminated as provided for herein.
The following documents are Exhibits to and incorporated into this Agreement:
I. Exhibit A - Pricing Detail and Summary
2. Exhibit B -- Intergraph Software License Agreement
3. Exhibit C - SYSTEM Configuration
4. Exhibit D - Storage area network configuration
5. Exhibit E - Statement of Work
6. Exhibit F - Project Schedule
7. Exhibit G - Intergraph Proposal
8. Exhibit H - RFP Amendment No. I dated September 16,2005
9. Exhibit 1 - City's RFP
· The City may purchase maintenance that also includes critical support which begins at the
conclusion of extended warranty, and expires in one year increments thereafter.
· The total of payments to be made by City to Intergraph under this Agreement shall not exceed
the total indicated on the Pricing Detail and Summary, Exhibit A, and is inclusive of the
SYSTEM and one year of Extended Warranty.
· Prior to invoicing, Intergraph will obtain acceptance from the City for major milestones
designating each phase of the project schedule Exhibit F.
· Continuation of any contract after the close of any fiscal year of City, which fiscal year ends on
July 31 of each year, shall be subject to appropriations and budget approval providing for
covering such contract item as an expenditure in said budget.
Intergraph Corporation
Pro Forma Agreement
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28
AGENDA MEMORANDUM
DATE: March 28, 2006
SUBJECT: Traffic Congestion Management
Airline Road Northbound Right-Turn Lane at
SH 358 Eastbound Frontage Road
(Bond Issue 2004)
AGENDA ITEM
A. Ordinance appropriating a payment in the amount of $36,925.65 from SOl Realty in
the No. 3530 Street CIP Fund for the developers share of construction of the Traffic
Congestion Management project at Airiine Road Northbound Right-Turn Lane at SH
358 eastbound Frontage Road (Bond Issue 2004); amending capital budget
adopted by Ordinance No. 026188 by increasing appropriations by $36,925.65; and
declaring an emergency.
B. Motion authorizing the City Manager, or his designee, to execute Change Order No.
4 to a construction contract with King Isles, Inc. of Corpus Christi, Texas, in the
amount of $188,245.35 for construction of the Traffic Congestion Management
Project at Airline Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage
Road (BOND ISSUE 2004).
ISSUE: The Traffic Congestion Management Project is part of the Bond Issue 2004
package. The proposed Change Order NO.3 addresses traffic congestion along Airline
Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage Road. Council
approval is required to complete the project.
FUNDING: Funding is available from the FY 2004-2005 Street Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
~/L/
e R. Escobar, P. E.,
irector of Engineering Services
~tional Support Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Maps
Exhibit "0" Bid Tabulation
Exhibit "E" Developer Agreement
H:\HOMElL YNDASIGENIStreets\2004 Bond Issuel6284 - Traffic Congestion MgmtlAirtine Road Contract 1IAGENDA MEMO.doc
BACKGROUND INFORMATION
SUBJECT: Traffic Congestion Management
Airline Road Northbound Right-Turn Lane at
SH 358 Eastbound Frontage Road
(Bond Issue 2004)
DEVELOPMENT SERVICES AND SOl REAL TV: On December 1, 2004, the Planning
commission approved the plat of Shannon Middle School Tract, Block 1, Lots 2, 3, & 4.
Staff, in its comments to the Planning Commission, recommended that no additional
driveways be permitted from Lot 4 to Airline Road consistent with the earlier negotiations
with Lowe's Home Centers, Inc. The Planning Commission approved the plat without the
recommended driveway restrictions and left the driveway considerations to the building
permit.
Subsequently, on May 23, 2005, SOl Realty submitted commercial construction plans for
Padre Commons Plaza development indicating two additional driveways on Airline Road.
After internal discussions, Development Services and the City's traffic consultant
determined that one additional driveway could be permitted if it was placed at the southern
edge of Lot 4 outside the transition and storage area of the exclusive right turn lane.
On June 28, 2005, City staff recommended the City Council uphold the Development
Services Department recommendation denying the construction of the two driveways as
proposed and allowing only one driveway from Airline Road within the "tangent area" as
indicated in the original recommendation.
REQUIRED IMPROVEMENTS:
Developer agreed to contribute the share of access management improvements to include
materials and installation of delineators with curb along the right turn lane and along the
double yellow center line separating traffic, and new traffic island at the intersection of
Airline Road and S.H. 358 to address the traffic safety issues from the driveway
approaches onto Airline Road.
Subsequent turning movement studies, traffic counts, and accident records have now
resulted in the determination that:
· installation of delineators along the right turn land is warranted;
· construction ofthe new traffic island atthe intersection of Airline Road and S.H. 358
is necessary; and
· delineators along the double yellow center line is not currently warranted.
However, changes in traffic conditions are likely due the SOl Development. Traffic will be
monitored atter the development opens. Staff recommends the installation of the
delineators along the double yellow center line be deferred until conditions warrant their
installation. It is therefore recommended the cost of the delineators for the double yellow
center line be deferred for up to five (5) years. If conditions continue to not warrant their
EXHBIT "A"
Page 1 of 4
H'IHOMEll YNDASIGEN\Streets\2004 Bond Issue\6284 . Traffic Congestion MgmtlAirline Road Contract 1IAGENDA BACKGROUND.doc
installation at the end of five (5) years, the escrow account would then be refunded to SOl
Realty. If conditions within the five (5) years warrant their installation, businesses in the
area will be notified prior to installation. City staff will be negotiating with SOl Realty to
execute a memorandum of understanding to this effect.
Developer will participate in the construction of the described access management
improvements and Developer's share will consist of the cost of the materials and
installation of the delineator system with curb along the right turn lane, and new traffic
island at the intersection of Airline Road and S.H. 358. The cost of the double yellow
center line delineators separating traffic on Airline will be escrowed.
CHANGE ORDER NO.3: The proposed Change Order No.3 addresses traffic congestion
at Airline Road Northbound Right-Turn Lane at SH 358 Eastbound Frontage Road. This
change order will construct a right-turn lane improvement that will widen the current right-
turn lane within 1 DO-feet of the intersection and provide for a new traffic island along with
ADA curb ramps, crosswalks and the relocation of an existing pedestrian signal pole.
The change order also includes seal coating Airline Road for 600-feet from the intersection,
provide new lane striping, pavement markings and new traffic control delineation markers
that will control access on and off of Airline Road within 600-feet of the intersection. See
Exhibit "C" Location Maps. The total cost ofthe change order is $188,245.35. See Exhibit
"0" Bid Tabulation.
The Developer, SOl Realty, has agreed to pay $36,925.65 for the following items:
1. Mobilization I Demobilization / Bonds
2. 5-inch Concrete Traffic Island
3. ADA Compliant Curb Ramp
4. 6-inch Concrete Curb along Roadway Pavement
5. Traffic Control
6. 12-foot White Crosswalk with 24-inch transv Line Markings
7 Delineators, Reflectorized Paddle
The City has agreed to pay for the seal coating, permits, and the remaining work in the
amount of $151,319.70.
SEALED QUOTES: Sealed quotes were solicited from three (3) local contractors for the
traffic congestion work at Airline Road. The bids range as follows:
1. Kin Isles, Inc.
2. Bi State Excavation, Inc.
3. Bay, L TO
$188,245.35
$287,533.88
$295,507.00
The Corpus Christi International Airport Industrial Park, Phase 1 (Access Road and
Utilities) contract with King Isles, Inc. was selected for the proposed Change Order NO.3
based on the following criteria:
EXHBIT "A"
Pa e 2 of 4
H:IHOME\l YNOASIGEN\Streets\2004 Bond Issue\6284 . Traffic Congestion Mgmt\Ai~lne Road Contract l\AGENOA 8ACKGROUND.doc
1 The construction contract is below the 25% limit amount of change order
capacity.
2. The Change Order NO.3 in the amount of $188,245.35 will not surpass the 25%
change order limit.
3. King Isles, Inc. has the ability to begin construction immediately; and can
complete the project prior to tenants occupying the Padre Commons Plaza
development.
PROJECT BACKGROUND: The Bond Issue 2004 Package includes $95 million in
projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in
Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront
Master Plan projects. The projects target the City's most immediate needs to improve
existing physical facilities, provide for growth, and protect the City's investment in its
infrastructu re.
The Traffic Congestion Management Project was approved November 2,2004 in the Bond
Issue 2004 Package under Proposition NO.1 Street Improvements. This project consists
of city-wide construction of traffic smoothing measures including left and right turn lanes
along the City's major traffic corridors as follows:
1. Alternate Access Corridors (Preliminary Phase) - The western portion of Moore
Plaza and the shopping center anchored by Best Buy only have access to Padre
Island Drive frontage roads and Everhart Road. This project will identify alternate
access routes to less congested roadways for these areas. Right-ot-way needs and
utility relocations will be identified. Estimates ot probable cost will be developed.
Other areas will be reviewed for alternate access management opportunities.
4. Left and Right Hand Turn Lanes along Corridors (Preliminary Phase) - Traffic
movement along Staples, Weber, Airline, Alameda, and Everhart is impeded by left
and right turn movements. This project will identify intersections where
modifications will address congestion along these corridors.
5. Joint Drive Access Along Corridors (Preliminary Phase) - An Access Management
Study by the Corpus Christi Metropolitan Planning Organization along the Everhart
Road corridor between McArdle and CoronalWilliams showed that one of the
principal causes ot congestion is turning movements from multiple driveways. This
project will develop an access management ordinance, a model joint and cross
access agreement, and a model incentive agreement for retrofit. This project will
evaluate Staples, Weber, Airline, Alameda, and FM 624 corridors and recommend
improvements. Other congested corridors will be reviewed tor access management
to reduce delays.
6. Congressional/Everhart Left Turn Lane - Traffic movement along Everhart Road
between Holly Road and Saratoga Boulevard is impeded by left turn movement
at the Congressional intersection. This project will provide tor left turn lanes at
EXHBIT "A"
Pa e 3 of 4
H:IHOMEIL YNDASIGEN\StreelsI2004 Bond Issue\62B4 . Traffic Congestion MgmtlAir1ine Road Conlract l\AGENDA BACKGROUND.doc
this intersection.
PRIOR COUNCIL ACTION:
1. November 2. 2004 - Resolution expressing official intent to reimburse costs of the
2004 Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9,2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 2004, in the City of Corpus Christi for the
adoption of five bond propositions; adoption of a permanent ad valorem tax freeze
on residents homesteads of persons 65 years of age or older or disabled persons
and eligible spouses; and adoption of seven amendments to the Charter of the City
of Corpus Christi (Ordinance No. 026022).
3. March 29. 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178,074,800 (Ordinance 026188).
4. June 28. 2005 - Council consideration of an appeal by SDI Realty of a
Development Services Department decision denying multiple driveway accesses on
Airline Road to the proposed Padre Commons Plaza development (Shannon Middle
School Tract, Block 1, Lots 2, 3. & 4) located south of South Padre Island Drive and
east of Airline Road at 1502 Airline Road.
5. AUQust 30.2005 - Motion authorizing the City Manager, or his designee, to execute
a Contract for Professional Services with HDR Engineering, Inc. in the amount of
$236,901 for Traffic Congestion Management (Bond Issue 2004) (Motion No.
M2005-297).
PRIOR ADMINISTRATIVE ACTION:
1. AUQust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
2. March 25. 2005 - Addendum No. 1 to the Request For Qualifications (RFQ) No.
2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-
local).
3. April 13. 2005 - Addendum NO.2 to the Request For Qualifications (RFQ) No. 2004-
03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
EXHBIl . A"
Pa e 4 of 4
H:\HOME\L YNDAS\GENIStreetsI2004 Bond IS5uel6284 - Traffic Congestion MgmtlAirline Road Conlract 1IAGENDA BACKGROUND.doc
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
February 21, 2006
PROJECT: C.C.I.A. Industrial Park, Phase 1
Project No' 1098
APPROVED: City Council on 10/11/05 - Motion No. M2005-352
CONTRACTOR:
King-Isles, Inc.
1641 Goldston Road
Corpus Christi, TX 78409
TOTAL CONTRACT AMOUNT .............
25% Limit Amount . . . . . . . . . .
$1,423,851.05
355,962.76
Change Order No.1 (1/4/06) ............
Change Order No.2 (3/06) . . . . . . . . . . . . . .
Change Order No.3 (1/26/06) ...........
Change Order No.4 (2/28/06). . . . . . . . . . . .
Total .............................
15,780.00
3,600.00
20,000.00
188,245.35
227,625.35 =15.00% < 25%
EXHIBIT B
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DEVELOPER COST SHARE AGREEMENT
FUNDING ACCESS MANAGEMENT IMPROVEMENTS
STATE OF TEXAS ~
COUNTY OF NUECES ~
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home-Rule
Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter
called "City" and SDI Realty, LTD., a Texas Limited Partnership, 712 Main, 29th Floor,
Houston, Texas 77002 hereinafter called "Developer".
WHEREAS, Developer in compliance with the City's Platting Ordinance, has recorded the
plat, Shannon Middle School Tract, Block 1, Lots 2, 3 and 4, Volume 64, Pages 103 & 104
for the development of Lot 4 as the Padre Commons Plaza, hereinafter called
"Development", EXHIBIT A ; and,
WHEREAS, the Developer has commenced construction of a retail development and related
site improvements within the respective subdivision lot in accordance with City approved
Building Permit, and
WHEREAS, the Developer wants to proceed with construction of driveway approaches onto
Airline Road without delay and interruption per Motion No. 2005-212 approved by City
Council on June 28,2005: and,
WHEREAS, the City will contract for the design and construction of the required access
management improvements, excluding driveway approaches, for expedience and to avoid
conflict with the developer's time schedule.
WHEREAS, the City will participate in the cost of the access management improvements
and.
NOW THEREFORE, the City and Developer, for and in consideration of the mutual
covenants herein exchanged to be kept and performed, the parties do hereby covenant, and
agree as follows:
City authorizes the construction of driveway approaches per the layout submitted to
Developer on August 23,2005.
Developer agrees to contribute the share of access management improvements to include
materials and installation of delineators with curb along the right turn lane and along the
double yellow center line separating traffic, and new traffic island at the intersection of
Airline Road and S.H. 358 to address the traffic safety issues from the driveway approaches
onto Airline Road,
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract, Block I. Lot 4
Page t of4
REQUIRED IMPROVEMENTS
Developer will participate in the construction of the described access management
improvements and Developer's share will consist of the cost of the materials and installation
of the delineator system with curb along the right turn lane and along the double yellow
center line separating traffic on Airline, and new traffic island at the intersection of Airline
Road and S.H. 358 as shown on the attached EXHIBIT B.
CONSTRUCTION CONTRACT AWARD
City will design the improvements, bid construction of the improvements, and award a
construction contract for the required access management improvements, excluding driveway
approaches, along Airline Road to address the traffic safety and congestion issues resulting
from the two permitted driveways providing access to Lot 4, Block 1, Shannon Middle
School Tract.
DEVELOPER SHARE
Developer shall pay the amount of $36,925.65 to the City. This amount is determined by the
Developer's cost estimate dated January 16,2006, EXHIBIT C, as Developer's share of the
required access management improvements, described in the Required Improvements.
INDEMNIFICATION:
OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS
THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS,
("INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS,
CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON
ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION
ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS),
OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH
ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE
CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH
THE DESIGN, CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION,
USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE
ACCESS MANAGEMENT IMPROVEMENTS ASSOCIATED WITH THE
DEVELOPMENT OF SHANNON MIDDLE SCHOOL TRACT, BLOCK 1 LOTS 4,
INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR
CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM.
This agreement is a covenant running with the land and shall become effective and shall be
binding upon and shall insure to the benefit of the parties hereto and their respective heirs,
successors, and assigns from and after the date of execution.
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract, Block 1, Lot 4
Page 20f4
EXECUTED IN DUPLICATE originals, this ~1 day of f8J~'(, 2006.
"
ST A TE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on ~ ,1'" , 2006, by Charles
W. Shears, as General Partner, of SDI Realty, LTD., a Tex lImIted lIabIlIty partnershIp, on
behalf of said partnership.
LORRAINE STUBAN
Notary Public. State of Texas
My Commission Expires
June 20. 2006
Developer Cost Share Agreement Funding Access Management Improvements
Shaooon Middle School Tract, Block 1, Lot 4
Page 3 of4
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, City Manager
APPROVED:
:l~ day of rd"OtlY'li
, 2006
By: ()".JI'I't~
~
Assistant City Attorney
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2006, by George
K. Noe, City Manager of the City of Corpus Christi, Texas, a Texas home-rule municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract, Block l, Lot 4
Page 4 of 4
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AN ORDINANCE
APPROPRIATING A PAYMENT IN THE AMOUNT OF $36,925.65
FROM SDI REALTY IN THE NO. 3530 STREET CAPITAL
IMPROVEMENT PROJECT FUND FOR THE DEVELOPERS
SHARE OF CONSTRUCTION OF THE TRAFFIC CONGESTION
MANAGEMENT PROJECT AT AIRLINE ROAD NORTHBOUND
RIGHT-TURN LANE AT SH 358 EASTBOUND FRONTAGE
ROAD (BOND ISSUE 2004); AMENDING CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 026188 BY INCREASING
APPROPRIA lIONS BY $36,925.65; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a payment in the amount of $36,925.65 from SOl Realty in the
No. 3530 Street Capital Improvement Project Fund for the Developers share of
construction of the Traffic Congestion Management project at Airline Road
northbound right-turn lane at SH 358 eastbound Frontage Road (Bond Issue
2004) is appropriated.
SECTION 2. The Capital Budget adopted by Ordinance No. 026188 is amended
by increasing appropriations by $36,925.65.
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 shall take effect upon first reading as an emergency this the 28th of
March, 2006.
ATIEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form: March 22, 2006.
By:
a W. Smith
Assistant City Attorney
For City Attorney
H:\LEG-DIR\garyws\garyws\agenda\2006\03-28\Ord-appr-SDI Airline Traffic Congestion.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: 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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\LEG-DIR\garyws\garyws\agenda\2006\03-28\Ord-appr-SDI Airline Traffic Congestion.doc
29
AGENDA MEMORANDUM
City Council Action Date: March 28, 2006
AGENDA ITEM:
A. Resolution authorizing the City Manager, or his designee, to accept a grant from the
U.S. Fish and Wildlife Service in the amount of $450,000, for the Corpus Christi
Municipal Marina Slips for Transient Recreational Boats, in the No. 1058 Marina
Grants Fund.
B. Ordinance appropriating $450,000 from the U.S. Fish and Wildlife Service in the No.
1058 Marina Grants fund for the Corpus Christi Municipal Marina Slips for Transient
Recreational Boats; amending capital budget adopted by Ordinance No. 026188 by
increasing appropriations by $450,000; and declaring an emergency.
C. Ordinance appropriating $101,165.27 from the unappropriated interest earnings
from Marina Development 2005 CIP Fund No. 3233 for the Christi Marina
Development Project Phase III (Floating Docks E, F, G and H); amending capital
budget adopted by Ordinance No. 026188 by increasing appropriations by
$101 ,165.27 and declaring an emergency
D. Motion authorizing the City Manager, or his designee, to award a Construction
Contract to CCC Group, Inc. of San Antonio, Texas in the amount of $3,835,988 for
the for Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G
and H) for the Base Bid and Additive Alternates No.1, 2 and 3.
ISSUE: The Corpus Christi Marina Development Project consists of several phases to
enhance the usability of the Marina. This third phase provides for expanding the existing
recreational boat slip capacity. Through this contract, an additional 120 mixed length
vessels can be accommodated on new floating Docks E, F, G & H.
FUNDING: Funding is available through the Marina and Water Department Capital
Improvement budgets and grants from the U.S. and Texas Parks and Wildlife Department.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
construction contract so a construction contract may be awarded and work may proceed.
Ik
Parks & Recreation
r
fill' t:~
J'I1 el R. Escobar, P.E.
Director of Engineering Services
AdCVtional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "0" Location Map
H:\HOMElL YNDASIGENlMarina13297 - ~3 - Docks E F G & HlConstructionlMemo.DOC
BACKGROUND INFORMATION
SUBJECT: Corpus Christi Marina Development Project - Phase III
(Docks E, F, G, and H)
Project No. 3297
PROJECT BACKGROUND: On July 27, 2004 City Council approved a Resolution
authorizing increased and new Park and Recreation Marina Fees. This additional revenue
was required to support the issuance of $4,500,000 in Certificates of Obligation necessary
to finance needed improvements to the Corpus Christi Marina. This project will begin the
final phase of the Marina Development project by increasing the number of boat slips on
the People Street T -Head.
PROJECT DESCRIPTION: Phase III ofthe Corpus Christi Marina Development Project-
Phase III (Docks E, F, G, and H) consists of:
· demolition and removal of :
o existing concrete and asphalt paving,
o electrical conduit and conductors, and
o timber piling and decks and miscellaneous canopies and benches;
. installing of:
o new concrete and/or steel dock piles,
o floating docks;
o new concrete slip piles;
o dock electrical conduit and wiring, potable and firewater piping;
o dock area power pedestals;
o a wastewater vacuum system for Docks E & F;
o fendering and mooring systems;
o landside electrical conduit, wiring, meters, and switching stations; and
o lands ide potable and firewater piping and wastewater piping
A series of Additive Alternates provide for other options such as additional floating docks, a
new gate access system and wastewater vacuum system for Docks G & H.
BID INFORMATION: This project consists of:
. One base bid
· Six additive alternatives, and
. One deductive alternate
EXHIBIT "A"
Page 1 of 5
H'IHOMElL YNDAS\GENlMarinaI3297 . Phase 1. Docks E. F G & HIConstructionlBACKGROUND.doc
Base Bid: includes landside utility improvements (electrical, potable water/fire
water/wastewater piping, etc.) and associated pavement repairs, a wastewater vacuum
system (for docks E & F) /individually metered electrical distribution centers and individual
potable water distribution centers (for docks E & F), dry fire water standpipe system (for
docks E & F), fencing and gates and will provide dock structure and associated concrete
and/or steel pilings.
Additive Alternates: These alternatives propose to add more dock structure and
associated concrete and/or steel pilings to provide additional boat slips, subject to the
availability of funding.
Additive Alternate #1: Dock G (except for sanitary sewer)
Additive Alternate #2: Dock H main walk and support piling
Additive Alternate #3: Dock H utilities
Additive Alternate #4: Dock H finger piers and slip piles (south side)
Additive Alternate #5: Dock H finger piers and slip piles (north side)
Additive Alternate #6: Dock E, F, G and H access gates, Docks G & H sanitary sewer.
Deductive Alternate #1: Deductive allowance for the City to perform of existing electrical
conduit, conductors, metering and timber decks and stringers.
The City received proposals from two (2) bidders on March 20, 2006. (See Exhibit "C" Bid
Tabulation) The bids ranged from:
. Total Base Bid:
. Additive Alt 1:
. Additive Alt 2:
· Additive Alt 3:
. Additive Alt 4:
. Additive Alt 5:
. Additive Alt 6:
. Deductive Alt:
$ 2,646,672 to $ 3,425,644
$ 765,668 to $ 1,010,557
$ 175,319to$ 193,490
$ 224,752 to $ 248,329
$ 137,019 to $ 259,334
$ 137,333 to $ 259,334
$ 86,430 to $ 142,600
$ -28,337to$ -17,180
The Engineer's estimated construction cost for the base bid only is $2,569,195.
The City's engineering consultant, HDRlShiner Moseley and Associates, reviewed the bid
detail and the supplemental information provided by the two bidders. After review of the
supplemental information provided by the apparent low bidder (CCC Group, Inc.) the City's
consultant met with the bidder's project manager and jobsite superintendent on March 20,
2006, to discuss their approach to the project and to answer specific questions. Based on
the results of this meeting and prior satisfactory experience on City projects, HDRlShiner
EXHIBIT "A"
Page 2 of 5
HIHOMElL YNDASIGENIMarina\3297 . Phase I - DOCkS E. F G & HIConstructlonIBACKGROUND.doc
Moseley and Associates and City staff recommend that a construction contract be awarded
to CCC Group, Inc. of San Antonio, Texas in the amount of $3,835,988 for Corpus Christi
Marina Development Project - Phase III (Docks E, F, G, and H) for the Base Bid and
Additive Alternatives No.1, 2, and 3.
--------. ---l----~ ..~-,--_._--
J~idJ!~m_+n _.Q_()ck___~_~~ular SIi 5
~~~~~~id_--J_ ... _ ~~ I! -.~-- --~~-~~-
Base Bid i F 46
---~~--~---t--- --- ---- --~-- ------------- -
Add Alt #1 j G ...1 38
Side Ties
12
o
o
End Berths
2
2
2
Total SIi s
32
48
40
This contract will provide for a total of 120 boat slips. These figures do not count the
additional docking capacity of sixteen (16) 40-foot length vessels that can be temporarily
accommodated along the main pier of Dock H through the award of Additive Alternate No.
2. Awarding Additive Alternate NO.3 will provide the utilities to Dock H making it more user
friendly.
As the project progresses it is the intent of the City to award additional additive alternatives,
as funding allows, to increase the number of available boat slips. This will be
accomplished through the use of available contingency funds. With the award of
Alternative Alternate numbers 4 and 5, the north and south finger piers along Dock H will
be completed and the Marina will increase the boat slip capacity to an additional thirty-eight
(38) slips.
Bid Item
Add Alt #4
! Add Alt #5
End Berths
1
1
Side Ties
o
o
Total SIi s
19
19
CONTRACT TERMS: The contract specifies that the project as awarded will be completed
in 180 calendar days, with completion anticipated by Novembert2006.
ADDITIONAL FUNDING: In addition to the issuance of Certificates of Obligation, the
Marina Department has secured two grants to enhance the development of this project.
The first grant from the Texas Parks & Wildlife Department in the amount of $69,000 will
provide for a Boat Pump-out System for Dock liE". This pump-out station will allow the City
to offer live-aboard status to transient boaters who visit our Marina. The Corpus Christi
Marina will be the only Marina in Texas to offer a vacuum sewage system incorporated into
the docks.
The second grant is from the U.S. Fish and Wildlife Service in the amount of $450,000 and
is intended to help finance the construction of the transient boat slips. The grant specifies
that it shall be used to accommodate the construction of boat slips for recreational,
transient boaters with vessels over 26-feet in length.
>-l:\HOME\L YNDAS\GEN\Marina\3297 Phase 3 - Docks E. f . G & HIConstructionlBACKGROUND.doc
EXHIBIT "A"
Page 3 of 5
Currently, the Marina Department is actively seeking additional grants to further enhance
the development of the Corpus Christi Marina.
ADDITIONAL BACKGROUND INFORMATION: The City of Corpus Christi Marina
complex is in need of improvements to current facilities. A variety of events including
Bayfest, Buccaneer Days, the U.S. Open Windsurfing Regatta and the Fourth of July
Celebration attract transient non-trailerable vessels and local boaters to the Corpus Christi
Marina. Through a phased approach to construction new restroom, shower, laundry
facilities, meeting rooms and boat slips have been constructed to assist existing boat
owners and accommodate visiting boaters to the complex. Such amenities are necessary
to attract quality boating events and boat owners to this area and enhance economic
development in the downtown area.
Prior improvements to the Corpus Christi Marina have included:
· People Street T -Head Boaters Facility: This project provided for new
restroom, shower, laundry facilities and meeting rooms on the People Street
T -Head to assist existing boat owners and accommodate visiting boaters to
the complex. (COMPLETED)
· Lawrence Street T -Head Boaters Facility: This project provided for new
restroom, shower, laundry facilities and meeting rooms on the People Street
T -Head to assist existing boat owners and accommodate visiting boaters to
the complex. (IN CLOSE-OUT)
PRIOR COUNCIL ACTION:
1 . July 27. 2004 - Resolution authorizing increased and new Park and Recreation
Marina fees for Fiscal Year 2004-2005; providing effective date; and providing for
severance.
2. December 14, 2004 - Resolution expressing official intent to reimburse costs of the
Marina Improvement Project.
3. December 14. 2004 - Ordinance appropriating $450,998 from the Marina Fund No.
4700 Unreserved Fund Balance for the Marina Development Project - Peoples
Street T-Head [Floating Docks "E", "F", "G", Commercial Dock] and Boater's
Facility/Restroom; amending Operating Budget adopted by Ordinance No. 025878;
and declaring an emergency.
4. December 14, 2004 - Motion authorizing the City Manager, or his designee, to
execute a Contract For Professional Services with Shiner, Moseley & Associates,
Inc. in the amount of $405,130 for the Marina Development Project - Peoples Street
T -Head [Floating Docks "E", "F", "G", Commercial Dock] and Boater's
Facility/Restroom.
5. December 14. 2004 - Motion authorizing the City Manager, or his designee, to
execute a Contract For Construction Materials Engineering Laboratory's Inspection
and Materials Testing Services with Fugro Consultants, LP in the amount of
EXHIBIT "A"
Page 4 of 5
H\HOME\L Y~DAS\GENIMa"naI3297 Phase Docks E. F. G & HIConstructionIBACKGROUND.doc
$45,868 for the Marina Development Project - Peoples Street T -Head [Floating
Docks "E", "F", "G", Commercial Dock] and Boater's Facility/Restroom.
6. March 29. 2005 - Approval of the FY '04 - '05 Capital Improvement Budget for
$178,074,800. (Ordinance No. 026188)
7. January 31.2006 - A Resolution authorizing the City Manager, or his designee, to
accept a grant from the Texas Parks & Wildlife Department in the amount of
$69,000 for Phase 1 of the Corpus Christi Marina Boat Pump-out System for Dock
"E" Peoples Street T-Head, with $23,000 match from the No. 3233 Marina
Development CIP Fund.
8. January 31.2006 - Ordinance appropriating a grant from the Texas Parks & Wildlife
Department in the amount of $69,000 for in the NO.1 058 Marina Grants Fund for
Phase 1 of the Corpus Christi Marina Boat Pump-out System for Dock "E" Peoples
Street T-Head: and declaring an emergency.
PRIOR ADMINISTRATIVE ACTION:
1. February 15, 2005 - Administrative approval of an amendment to a Contract For
Construction Materials Engineering Laboratory's Inspection and Materials Testing
Services with Fugro Consultants, LP in the amount of $13,975 for the Marina
Development Project - Peoples Street T -Head [Floating Docks "E", "F", "G",
Commercial Dock] and Boater's Facility/Restroom.
FUTURE COUNCIL ACTION:
Future Change Orders for additional additive alternatives as funding allows.
EXHIBIT "A"
Page 5 of 5
H:\HOME\L YNDAS\GEN\Manna\3297 Phase 3 - DOCks E, F. G & HIConstruction\BACKGROUND.doc
Corpus Christi Marina Development Project
PHASE 111- FLOATING DOCKS E, F, G AND H
PROJECT BUDGET
March 28, 2006
FUNDS AVAILABLE: ESTIMATED BUDGET
Marina Certificates of Obligation $ 4,500,000.00
Marina Interest Reserves $ 101,165.27
U.S.Parks and Wildlife Grant 450,000.00
Texas Parks and Wildlife Grant 69,000.00
Water Capital Improvement Budget 188,492.00
TOTAL FUNDS AVAILABLE: $ 5,308,657.27
FUNDS REQUIRED:
Construction Cost (CCC Group) $ 3,835,988.00
Construction Contingencies 382,084.63
AlE Consultant (Shiner Moseley & Associates, Inc.) 405,130.00
Testing (Fugro) 64,223.00
Bond Issuance Cost 92,242.96
People Street Boaters Facility 471,600.00
Phase 2 Commercial Dock 2,888.68
Engineering Reimbursements 51,000.00
Incidental Expenses (Printing, Advertising, etc.) 3,500.00
TOTAL FUNDS AVAILABLE: $ 5,308,657.27
EXHIBIT "B"
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CITY PROJECT No. 3280
EXHIBIT liD"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
~
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- -
- -
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CORPUS CHRISTI
MARINA DEVELOPMENT PROJECT
PHASE III - DOCKS E, F, G AND H
CITY OF CORPUS CHRISTI, TEXAS
PAGE: 1 0 f 1
DATE: 03-24-2006
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
ACCEPT A GRANT FROM THE U.S. FISH AND WILDLIFE
SERVICE IN THE AMOUNT OF $450,000, FOR THE CORPUS
CHRISTI MUNICIPAL MARINA SLIPS FOR TRANSIENT
RECREATIONAL BOATS, IN THE NO. 1058 MARINA GRANTS
FUND.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS;
SECTION 1. The City Manager or his Designee is authorized to accept a
grant from the U.S_ Fish and Wildlife Service in the amount of $450,000, for the
Corpus Christi municipal marina slips for transient recreational boats, in the No. .
1058 Marina Grants Fund.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
;)..) ,2006.
APPROVED: March
'/....Afrt,
Lisa Aguilar
Senior Assistant City Attorney
For City Attorney
RESO 4 Fish and WildJife.lla
ORDINANCE
APPROPRIATING $450,000 FROM THE U.S. FISH AND
WILDLIFE SERVICE IN THE NO. 1058 MARINA GRANTS FUND
FOR THE CORPUS CHRISTI MUNICIPAL MARINA SLIPS FOR
TRANSIENT RECREATIONAL BOATS; AMENDING FY 04-05
CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026188 BY
INCREASING APPROPRIATIONS BY $450,000; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Appropriating $450,000 from the U.S. Fish and Wildlife Service in
the No. 1058 Marina Grants Fund for the Corpus Christi municipal marina slips
for transient recreational boats_
SECTION 2. Amending FY 04-05 Capital Budget adopted by Ordinance No.
026188 by increasing appropriations by $450,000.
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 March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: March ;;{ J . 2006
t~~
Lisa Aguilar .
Senior Assistant City Attomey
For City Attorney
ORD Appro 4 Fisch and Wildlife. Ita
ORDINANCE
APPROPRIATING $101,165.27 FROM THE UNAPPROPRIATED
INTEREST EARNINGS FROM MARINA DEVELOPMENT 2005
CIP FUND NO. 3233 FOR THE CORPUS CHRISTI MARINA
DEVELOPMENT PROJECT PHASE III (FLOATING DOCKS E, F,
G AND H); AMENDING FY 04-05 CAPITAL BUDGET ADOPTED
BY ORDINANCE NO. 026188 BY INCREASING
APPROPRIATIONS BY $101,165.27 AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Appropriating $101,165.27 from the unappropriated interest
earnings from Marina Development 2005 CIP Fund No. 3233 for the Corpus
Christi Marina Development Project Phase III (floating docks E, F, G and H).
SECTION 2. Amending FY 04-05 Capital Budget adopted by Ordinance No.
026188 by increasing appropriations by $101,165.27
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 March, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: March;) ~ , 2006
~~
Lisa Aguilar
Senior Assistant City Attorney
For City Attorney
ORD 4 Marina Developlla