HomeMy WebLinkAboutAgenda Packet City Council - 04/11/2006
CITY COUNCIL AGENDA
APRIL 11, 2006
Corpus Christi
.-Anlerica CiIJ
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
APRIL 11, 2006
10:00 A.M.
PUBUC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p. m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary
Si Usted desea dirigirse al Concilio y cree que su ingles es Iimitado, habra un interprete ingles-espanol en todas las juntas
del Concilio para ayudarle
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Robert Um, Abiding Savior Lutheran Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tern John Marez
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of March 28, 2006. (Attachment # 1)
Agenda
Regular Council Meeting
April 11, 2006
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2.a. Resolution authorizing the City Manageror his designee to accept
a grant from the Texas Department of State Health Services in
the amount of $80,000 for diabetes prevention and management
services. (Attachment # 2)
2.b. Ordinance appropriating a grant from the Texas Department of
State Health Services in the amount of $80,000 in the No. 1066
Health Grants Fund for diabetes prevention and management
services. (Attachment # 2)
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Regular Council Meeting
April 11, 2006
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3.a. Motion authorizing the City Manager or his designee to accept the
Summer Food Service Program Grant from the Texas Health and
Human Services Commission to provide summer lunches and
snacks to citizens ages one to eighteen at summer youth
recreation programs throughout the community. (Attachment
# 3)
3.b. Ordinance appropriating a $416,840 grant from the Texas Health
and Human Services Commission in the No. 1067 Parks and
Recreation Grant Fund to operate a Summer Food Service
Program for Summer Recreation Program participants ages one
to eighteen years. (Attachment # 3)
3.c. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with Corpus Christi
Independent School District to provide summer food services for
Summer Recreation (Attachment # 3)
4. Resolution authorizing the submission of a grant application in the
amount of $42,294 to the State of Texas, Office ofthe Governor,
Criminal Justice Division for Year 2 funding of a Crime Scene
Technician grant in the Police Department with a City match of
$34,700, for a total grant application of $76,994, and authorizing
the City Manager or his designee to apply for, accapt, reject, alter
or terminate the grant. (Attachment # 4)
5. Ordinance appropriating $21,825 of revenue from the sale of
obsolete Corpus Christi Police Department (CCPD) weapons in
the No. 1020 General Fund for the purchase of CCPD
ammunition; amending the FY 2005-2006 Operating Budget
adopted by Ordinance 026385 by increasing appropriations by
$21,825. (Attachment # 5)
6.a. Motion authorizing the City Manager or his designee to procure
SafetyPAD an automated patient tracking software application
from Open, Inc., of Saint Paul, Minnesota in an amount not to
exceed $112,583.01. SafetyPAD is an automated patient
tracking system specifically designed for use by Emergency
Medical Service (EMS) in the field. Not only will this purchase
improve the
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April 11, 2006
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operations of EMS it will simultaneously serve to meet new
Federal Emergency Management Agency (FEMA) initiatives as
well. This item falls under the public safety exception to
competitive bidding requirements. (Attachment # 6)
6.b. Motion authorizing the City Manager or his designee to procure
sixteen Toughbook tablet PCs from Insight Enterprises, Inc., of
Tempe, Arizona in an amount not to exceed $57,664. These
tablet PCs are specifically designed for use by the EMS
technicians and will be used with SafetyPAD, an automated
patient tracking system, to meet new FEMA initiatives. Insight
Enterprises, Inc., is an approved Texas Catalogue Information
Systems vendor. (Attachment # 6)
7. Motion authorizing the City Manager or his designee to execute
an Architectural Services Contract with Chuck Anastos
Associates, Inc., of Corpus Christi, Texas in the amount of
$30,000 for a total contract amount of $30,000 for the Water
Department Buildings Architectural Condition Survey Phase 2
(FY2005-2006). (Attachment # 7)
8.a. Ordinance appropriating $82,031 from the Unappropriated
Interest Earnings from Wastewater Capital Improvement Program
Fund 3430 for the Oso Trunk Main Manhole Replacement project;
amending FY 2004-2005 Capital Budget adopted by Ordinance
No. 026188 by increasing appropriations by $82,031.
(Attachment # 8)
8.b. Motion authorizing the City Manager or his designee to execute
Amendment No. 12 to the Contract for Professional Services with
HDR Engineering, Inc., of Corpus Christi, Texas in the amount of
$82,031, for a total re-stated fee of $772,191, for the Sanitary
Sewer Trunk Main Rehabilitation Project for the Oso Trunk Main
Manhole Replacements. (Attachment # 8)
9. Motion authorizing the City Manager to execute a Deferment
Agreement for half street construction with Mostaghasi
Investment Trust, (Developer), in the amount of $83,250.49 for
the installation of street paving, curb, gutter and sidewalks, and
storm sewer public improvements to serve Cimarron Estates
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April 11, 2006
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Subdivision, located south of Saratoga Boulevard and west of
Cimarron Boulevard, in accordance with the Platting Ordinance
Section IV-Required Improvements, Subsection A.12(c).
(Attachment # 9)
10. Ordinance abandoning and vacating 4,387 .50-square foot portion
of a 15-foot wide utility easement out of Lots 8-10 and Lots 16-18,
Block 191, Padre Island NO.1 Subdivision; subject to compliance
with the specified conditions. (Attachment # 10)
11 Second Reading 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. (First
Reading 03/28/06) (Attachment # 11)
12. Second 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. (First Reading 03/28/06)
(Attachment # 12)
13. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 55 regarding rules and procedures
for public access cablecasting. (First Reading 03/28/06)
(Attachment # 13)
I. PUBLIC HEARINGS:
ZONING CASES:
14. Case No. 0206-07. Mark D. Stockseth: A change of zoning from
a "R-1 B" One-family Dwelling District to a "RE" Residential Estate
District. The property being 26.733 acres, consisting of a portion
of Lots 1,2, and 3, Section 36, Flour Bluff and Encinal Farm and
Garden Tracts, located on the west side of Roscher Road and
south of Ramfield Road. (Attachment # 14)
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Regular Council Meeting
April 11, 2006
Page 6
Planning Commission and Staffs Recommendation: Approval
of a "RE" Residential Estate District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Mark D.
Stockseth, by changing the zoning map in reference to 26.733
acres, consisting of a portion of Lots 1,2, and 3, Section 36, Flour
Bluff and Encinal Farm and Garden Tracts, from "R-1 B" One-
family Dwelling District to "RE" Residential Estate District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
15. Case No. 0306-01. Kyle McGee: A change of zoning from a "R-
18" One-family Dwelling District and an "A-1" Apartment House
District to a "B-4" General Business District. The property being
4.01 acres out of the southwest corner, Lot 32, Section 18, Flour
Bluff and Encinal Farm and Garden Tracts; located along Holly
Road, 800 feet east of Airline Road and 300 feet west of
Woodbend Drive. (Attachment # 15)
Planning Commission and Staffs Recommendation: Approval
of a "B-4" General Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Kyle
McGee by changing the zoning map in reference to 4.01 acres
out of the southwest corner, Lot 32, Section 18, Flour Bluff and
Encinal Farm and Garden Tracts, from "R-1 B" One-family
Dwelling District and "A-1" Apartment House District to "B-4"
General Business District; amending the Comprehensive Plan to
accountfor any deviations from the existing Comprehensive Plan.
16. Case No. 0306-02. Morteza Shafinury: A change of zoning from
an "A-1" Apartment Home District to a "B-4" General Business
District. The property being 3.18 acres out of a 22.04 acre tract
in a deed to Cloudcroft Land Ventures and being out of Lots 9
and 10, Section 10, Flour Bluff and Encinal Farm and Garden
Tracts, located along Yorktown Road and east of Annemasse
Street. (Attachment # 16)
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Regular Council Meeting
April 11, 2006
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Planning Commission and Staffs Recommendation: Denial of
a "B-4" General Business District and, in lieu thereof, approval of
a "B-1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Morteza
Shafinury by changing the zoning map in reference to 3.18 acres
out of a 22.04 acre tract in a deed to Cloudcroft Land Ventures
and being out of Lots 9 and 10, Section 10, Flour Bluff and
Encinal Farm and Garden Tracts, from "A-1" Apartment House
District to "B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
17. Case No. 0306-03. Habitat for Humanity Corpus Christi: A
change of zoning from a 'R-1 B" One-family Dwelling District to a
"R-1C" One-family Dwelling District. The property being 0.240
acres out of Champion Addition Lot 4, located along the west side
of Winters Street, 350 feet southwest of Horne Road.
(Attachment # 17)
Planning Commission and Staffs Recommendation: Approval
of a "R-1C" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Habitat for
Humanity, by changing the zoning map in reference to Champion
Addition Lot 4, from "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.
18. Case No. 0206-02. Chili Pepper Properties. Inc.. Gary Cadena.
and Timothy Lawson: A change in zoning from a "R-1 B" One-
family Dwelling District to an "A-2" Apartment House District. The
property being 11.4 acres out of West's Laguna Madre Place
Tract A, Lots 1-5, Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and
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April 11, 2006
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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.
(Tabled 03/21106) (Attachment # 18)
Planning Commission and Staff's Recommendation: Approval of
an "A-2" Apartment House District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Chili
Pepper Properties, Inc., by changing the zoning map in reference
to 11.4 acres out of West's Laguna Madre Place, Tract A, Lots 1-
5, Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15
(Replat), Laguna Madre Acres Tracts 13 and 14, Volume 1363,
Page 449, from "R-1B" One-family Dwelling District to "A-2"
Apartment House District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
ZONING ORDINANCE
19.a. Public hearing to consider amending the zoning ordinance to
provide for more uniform regulation of height, size, and number
of sign and signage, by revising Article 11. "AB" Professional
Office District Regulations; Article 12. "B-1" Neighborhood
Business District Regulations; Article 12a. "B-1 A" Neighborhood
Business Regulations; Article 15. "B-3" Business District
Regulations; Article 16. "B-4" General Business District
Regulations; Article 17. "B-5" Primary Business District
Regulations; Article 20. "1-2" Light-Industrial District Regulations;
Article 21. "1-3" Heavy Industrial District Regulations; and Article
33. Permits, Plats and Filing Fees; providing for an effective date.
(Attachment # 19)
19.b. Ordinance amending the Zoning Ordinance to provide for more
uniform regulation of height, size, and number of sign and
signage, by revising Article 11. "AB" Professional Office District
Regulations; Article 12. "B-1" Neighborhood Business District
Regulations; Article 12a. "B-1A" Neighborhood Business
Regulations; Article 15. "B-3" Business District Regulations;
Article 16. "B-4" General Business District Regulations; Article 17.
"B-5" Primary Business District Regulations; Article 20. "1-2" Light-
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Industrial District Regulations; Article 21. "1-3" Heavy Industrial
District Regulations; and Article 33. Permits, Plats and Filing
Fees; providing for an effective date. (Attachment # 19)
J.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
20.a. Consideration of a request filed by five petitioners pursuant to
Article 1, Section 4 of the City Charter, to repeal Ordinance No.
026716, regarding 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; and establishing a Pedestrian
Safe Area. (Attachment # 20)
20.b. Consideration of a request filed by five petitioners pursuant to
Article 1, Section 4 of the City Charter, to repeal the next to the
last paragraph of Section 7 of Ordinance No. 026717, 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 Gulf Beach after Approval in a Public
Referendum.(Attachment # 20)
21.a. Motion authorizing the City Manager or his designee to execute
a Developer Cost Share Agreement with SDI Realty of Houston,
Texas, in the amount of $36,925.65 for the construction of the
Traffic Congestion Management Project at Airline Road
Northbound Right-Turn Lane at SH 358 Eastbound Frontage
Road for the Developer's share of access management
improvements. (BOND ISSUE 2004) (Attachment # 21)
21.b. Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Developer Cost Share Agreement with
SOl Realty of Houston, Texas, for construction of the Traffic
Congestion Management Project at Airline Road Northbound
Right-Turn Lane at SH 358 Eastbound Frontage Road (BOND
ISSUE 2004) to provide for the escrow of funds pertaining to the
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installation of traffic delineators along the double yellow center
line of Airline Road until determination of need is established or
a period of five years has expired. (Attachment # 21)
21 .c. Ordinance accepting a payment in the amount of $36,925.65 from
SOl Realty and appropriating $23,000 in the No. 3530 Street
Capital Improvement Program Fund and $13,925.65 in the No.
471 0 I nfrastructu re Fund for the developers sha re 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 FY 2004-2005 Capital Budget
adopted by Ordinance No. 026188 by increasing appropriations
by $23,000. (Attachment # 21)
21.d. 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 # 21)
22.a. Motion authorizing the City Manager or his designee to execute
a construction contract with Reese Contracting, Inc., of Corpus
Christi, Texas in the amount of $1,050,000.50 for the Leopard
Street Roadside Safety Improvements, Phase 1. (Attachment
# 22)
22.b. Motion authorizing the City Manager or his designee to execute
Amendment NO.4 with Goldston Engineering, Inc., of Corpus
Christi, Texas in the amount of $72,000 for a total re-stated fee
of $191 ,920 for construction inspection services for the Leopard
Street Roadside Safety Improvements, Phase 1. (Attachment
# 22)
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
23. Second Quarter Report of the Health Benefits/Risk Management
Fund (Attachment # 23)
24 Development Services Processes and Procedures - Status
Report (Attachment # 24)
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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
UMIT 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.)
51 usted se dirige a la junta y cree que su ingles es Iimitado, habra un
interprete ingles-espanol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE IS given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act. Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
25. Executive session under Texas Government Code Section
551.071 regarding In re: Tomas Duran, Debtor, Bankruptcy No.
04-21514-C-7, including all related Adversary Proceedings and
removed state court action pending as Adversary No. 04-2143-C,
City of Corpus Christi v. Entrust, Inc., Tomas Duran, and Duran
Insurance Brokerage (formerly Cause No. 04-3928-G, City of
Corpus Christi v. Entrust, Inc. Et ai, in the 319th Judicial District
Court of Nueces County, Texas), and also regarding Cause No.
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C-04-500, Tomas Duran v. City of Corpus Christi, David Garcia,
Donna James, Lee Dumbauld, George Noe, Keith McNeely and
McGriff, Seibels, and Williams, Inc., in the United States District
Court for the Southern District of Texas, Corpus Christi Division,
with possible discussion and action related thereto in open
session.
26 Executive session under Texas Government Code Section
551.071 regarding Cause No. C-05-280, Eric Gonzales vs. City
of Corpus Christi, et ai, in the United States District Court for the
Southern District of Texas, with possible discussion and action
related thereto in open session.
27 Executive session under Texas Government Code Section
551.071 regarding permitting issues related to the MS4 Permit
Renewal, with possible discussion and action related thereto in
open session.
28. Executive session under Texas Government Code Section
551.087 for deliberations regarding economic development
negotiations, with possible discussion and action related thereto
in open session.
N. REPORTS:
The following reports Include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
29 CITY MANAGER'S REPORT
*
Upcoming Items
30 MAYOR'S UPDATE
31 COUNCIL AND OTHER REPORTS
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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, atJ.1,' 00 p.m., April 7, 2006.
~)Lh~C ('~0
rmando Chapa ht.)'
City Secreta ry
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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1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 28, 2006 - 10:08 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tern Bill Kelly
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Rod Young of the Church of Hope and the Pledge
of Allegiance to the United States flag was led by Council Member Garcia.
Mayor Garrett called for approval of the minutes of the regular Council meeting of March 21,
2006. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 18). City Secretary
Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on Items 16
and 17. There were no comments from the public. A motion was made and passed to approve
Items 2 through 18, constituting the consent agenda. City Secretary Chapa polled the Council for
their votes as follows
2 MOTION NO. 2006-089
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 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.
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 28. 2006 - Page 2
3 MOTION NO. 2006-090
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 ofthe 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.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
4 RESOLUTION NO. 026700
Resolution authorizing the City Manager or his designee to submit a Juvenile Accountability
Block Grant application to the State of Texas, Office of Govemor, 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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5 RESOLUTION NO. 026701
Resolution authorizing the City Manager or 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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Coope;r, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, votIng "Aye".
6 ORDINANCE NO. 026702
Ordinance appropriating $670 in the No. 4720 Community Enrichment Fund to purchase
playground equipment for Vineyards Park.
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".
7 ORDINANCE NO. 026703
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.
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 28, 2006 - Page 3
8. MOTION NO. 2006-091
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)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
9 MOTION NO. 2006-092
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.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10.a. ORDINANCE NO. 026704
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.
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.b. MOTION NO. 2006-093
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.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
11. MOTION NO. 2006-094
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.
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 28, 2006 - Page 4
12. ORDINANCE NO. 026705
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.
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".
13. ORDINANCE NO. 026706
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.
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. ORDINANCE NO. 026707
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.
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. ORDINANCE NO. 026708
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.
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 28, 2006 - Page 5
16. ORDINANCE NO. 026709
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 penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Aye"; Noyola abstained
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
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained.
18. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and
procedures for public access cablecasting
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye".
* * * * * * * * * * * * *
Mayor Garrett referred to Item 19.a., and a motion was made, seconded and passed to open
the public hearing on the following right-of-way closure:
19.a. Public hearing to consider abandoning and vacating a 133.01-square foot portion of the 050
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.
City Secretary Chapa noted that the ordinance would be considered in two readings, not an
emergency reading as stated in the agenda.
No one appeared in opposition to the right-of-way closure. Mr. Garcia made a motion to
close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for
their votes as follows
Minutes - Regular Council Meeting
March 28, 2006 - Page 6
19.b. FIRST READING ORDINANCE
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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye".
Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
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.
City Secretary Chapa stated the Planning Commission and staff recommended the 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).
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for
their votes as follows:
20. ORDINANCE NO. 026711
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 Noake~ Partition, located north of the intersection of Interstatd
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.
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 21, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
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.
City Secretary Chapa stated the Planning Commission and staff recommended the denial
of a "B-4" General Business District, and in lieu thereof, approval of a Special Permit subject to two
(2) conditions.
Minutes - Regular Council Meeting
March 28, 2006 - Page 7
No one appeared 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
21. ORDINANCE NO. 026712
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.
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 22, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
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-1C" 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.
City Secretary Chapa stated that the Planning Commission and staff recommended the
approval of a "R-1 C" One-family Dwelling 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
22. ORDINANCE NO. 026713
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-1 C" Manufactured Home Subdivision District to "R-
1 C" One-family Dwelling District; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
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 e" 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.
Minutes - Regular Council Meeting
March 28, 2006 - Page 8
City Secretary Chapa stated the Planning Commission and staff recommended the approval
of a "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. Scott, and passed. City Secretary Chapa polled the Council for
their votes as follows
23. ORDINANCE NO. 026714
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-1B" One-family Dwelling District to "R-1C" One-family Dwelling District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
Mayor Garrett referred to Item 24, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0106-02, Javelina Company: 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 of former Dunn Tract). located along Eden Lane and 400 feet west of McBride
Lane
City Secretary Chapa said the Planning Commission and staff recommended the approval
of an "1-3" Heavy Industrial District.
Assistant Director of Development Servic~s Michael Gunning reported that the applicant was
requesting the change in zoning to allow for the installation of liquid hydro-carbon truck loading
racks and four above ground fueling tanks for the adjacent refinery. He said the four fueling tanks
were considered objectionable uses in that zoning district; thus, if the "1-3" zoning was approved,
the applicant would have to seek approval from the Zoning Board of Adjustment.
Mr Gunning stated that staff was recommending the approval of the "1-3" Heavy Industrial
District because it was consistent with the future land use map in the area. He said Javelina
Company was attempting to establish a market for a new butane/propane product. The initial plan
was to build four tanks; if the new product was successful, then they ultimately planned to increase
to a maximum of 12 tanks. He noted, however, that any additional tanks would have to be approved
by the Zoning Board of Adjustment after a public hearing. The public hearing would require
notification of all surrounding property owners within 200 feet. The applicant would be required to
provide specifics on engineering plans and safety precautions to prove that the tanks would not
have an adverse impact on the surrounding properties.
Mr Gunning stated that one single-family residence was located within the area, and the
property owner had indicated that she did not oppose the zoning change.
Mayor Garrett asked for public comment. Ms. Tammy Castillo, 5417% Eden, expressed
concern about the Javelina Company's lack of security services at night. Ms. Castillo stated that
Minutes - Regular Council Meeting
March 28, 2006 - Page 9
the refinery once had 24-hour security, but recently changed to days only. She said there appeared
to be some confusion regarding which governmental until was responsible for providing police and
fire protection to her residence. When she reported a nighttime incident to the city Police, for
example, she was told that since she resided in the refinery area, they could not send out a unit.
The Port police provided a delayed response to her call. In addition, Ms. Castillo reported problems
with vagrants who were wandering onto vacant areas of the Javelina site. Thus, Ms. Castillo was
concerned about the long-term public safety and security problems that could arise if the additional
tanks were installed.
City Manager Noe stated that he would inform the Police dispatch center about the problems
Ms. Castillo had encountered. Mr. Gunning advised Ms. Castillo that staff would forward her
concerns to the Zoning Board of Adjustment, and also said staff would advise her when the hearing
was scheduled
Mr Kelly asked Ms. Castillo if she was opposed to the proposed zoning change. Ms. Castillo
stated that the proposed zoning change concerned her because, if approved, Phase 1 of the project
allowed four tanks to be placed on the site near her residence. She was slightly reassured,
however, knowing that the Phase 1 tanks would be placed at a distance from her residence. She
was more concerned, however, about the subsequent phases of the project that could increase the
number of tanks to twelve. Without the proper protection, she feared for her safety.
Mr. Kelly asked if the Board of Adjustment would have to approve plans for additional tanks.
Mr. Gunning answered affirmatively, saying the property owners would be notified. He pointed out
that Ms. Castillo was not the property owner in this case, but he asked for Ms. Castillo's address so
she could be added to the notification list.
Mr Garcia made a motion to close the public hearing, seconded by Mr. Scott. City Secretary
Chapa polled the Council for their votes as follows:
24. ORDINANCE NO. 026715
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye" Cooper was absent
*k * * * * * * * * * * *
Mayor Garrett referred to the presentation on the day's agenda, a second quarter update on
the FY 2005-2006 Budget. Assistant Director of Management and Budget Eddie Houlihan pointed
out that the information in the report represented preliminary second quarter financial results. He
said attempts had been made to account for and include appropriate outstanding transactions and
anticipated adjustments based upon current information available. That said, Mr. Houlihan reported
that with 50 percent of the fiscal year completed, combined revenues and expenditures were 53.74
percent and 43.83 percent respectively.
Mr. Houlihan provided an update on the General Fund. He reported that the year-to-date
collections for ad valorem property taxes were slightly lower than budgeted. As of mid-March, he
said over $40 million had been collected, leaving over $2 million to be collected the last four months
Minutes - Regular Council Meeting
March 28. 2006 - Page 10
of the fiscal year. He felt it was reasonable to collect this amount by the end of the fiscal year.
Regarding the industrial district payments, Mr. Houlihan reported that revenues were
approximately $100,000 under budget as of the end of January. He said staff was in the process
of ascertaining that all properties in the district had been properly billed.
Mr Houlihan reported that sales tax collections for the year-to-date were slightly above
projections for this year. and were ahead of the same period last year. The growth rate was seven
percent
Mr Houlihan said that year-to-date collections for franchise fees were less than budgeted
mostly due to a drop in reported lines for Telecommunications Fees.
Regarding Solid Waste services, Mr. Houlihan stated that their revenues were less than the
year-to-date budget. He attributed the drop to slow growth in the residential account and lower
tonnage than anticipated from miscellaneous vendors.
Mr. Houlihan stated that Municipal Court year-to-date (YTO) fee collections were consistent
with the YTO budget. He noted a slight decrease in Failure to Appear revenues due to a smaller
backlog of warrants.
Mr. Houlihan reported that Museum and Recreation Services' revenues were higher than
the YTO budget.
Mr Houlihan stated that Public Safety service revenues to date were slightly less than
budgeted primarily because of a decrease in 911 Wireline revenues.
Mr. Houlihan concluded with the General Fund report by stating that with 50 percent of the
fiscal year completed, 46.92 percent of the General Fund budget had been expended. There were
no significant unfavorable variances among city departments and individual operating procedures.
He displayed a bar graph comparing General Fund revenues between FY 2003-04, FY 2004-05,
and FY 2005-06 (YTO)
Mr. Houlihan covered the status of the Enterprise Funds, comprised of the Water, Gas,
Wastewater, Airport, Ambulance, Golf, and Marina funds. The Water fund's YTO revenues of
$42,360,504 represented 51.81 percent of budgeted revenues, an increase over the same period
In the prior year. He attributed the increase to higher water consumption rates. Overall, he said
YTD expenditures totaled $33,544,306, or 40.15 percent of budget, which was slightly less than the
same period last year.
Regarding the Gas fund, Mr. Houlihan reported that the YTO revenue of $21,513,541
represented 51.75 percent of budgeted revenue, which was higher than the same period last year
due to higher natural gas prices. He noted that gas consumption was actually down. He said YTO
expenditures totaled $18,710,495, or 45.26 percent of budget.
Regarding the Wastewater fund, Mr. Houlihan stated that YTO revenues totaled
$20,021,775, representing 51.19 percent of budget, which is more than amounts collected for the
same period in the prior year. YTO expenditures of $17,055,548 reflect 45.94 percent of budget.
The Airport fund's YTO revenues totaled $4,090,270, or 48.48 percent, which was less than
the YTO budget due to decreased production. YTO expenditures totaled $4,058,509, or 47.44
percent of budget.
Minutes - Regular Council Meeting
March 28, 2006 - Page 11
Mr. Houlihan stated that the Development Services fund's YTD revenues totaled
$2,365,060, or 52.68 percent of budget. YTD expenditures totaled $2,446,748, or 47.60 percent
of budget.
Regarding the Ambulance fund, Mr. Houlihan reported that the fund's operations were
moved to the General Fund in 2006. Any remaining funds would be transferred to the General Fund
in the last half of this fiscal year
Mr. Houlihan said the Golf Centers fund's YTD revenues totaled $931,380, or 50.43 percent
of budget, which was higher compared with the same period last year. YTD expenditures totaled
$833,202, or 47.59 percent of the total budget.
Mr Houlihan stated that the Marina fund's YTD revenue totaled $613,260, or41.14 percent
of budget, and YTD expenditures totaled $804,140 or 48.36 percent of budget. He explained that
the low revenues were due mostly to a delay in the construction of the new docks, and to a decrease
In the number of slips rented. Mr. Houlihan concluded by displaying a bar graph comparing the
Enterprise Funds YTD revenues for FY 2003-04, FY 2004-05, and FY 2005-06 (YTD).
Mr. Houlihan covered the status of the Internal Service funds, comprised of the Stores,
Maintenance Services, MIS, Engineering Services, and Risk Management funds. He explained that
Internal Service fund revenues are primarily derived from budgeted allocations from other funds that
are charged monthly. As a whole, he said revenues were consistent with those for the same period
last year as well as the percent of year completed to date. He said 38.68 percent of the fund
budgets have been expended with 50 percent of the fiscal year having expired. He noted that this
was slightly lower than the 39.9 percent expended in the prior year. He concluded by displaying a
bar graph of the Internal Service Fund YTD revenues and expenditures, comparing FY 2003-04, FY
2004-05. and FY 2005-06 (YTD)
Mr. Houlihan discussed the status of the Special Revenue Funds, comprised of the Hotel
Occupancy Tax, Reinvestment Zone #2, Seawall improvement, Arena, Business & Job
Development, Development Services, Visitor's facility, LEPC, and Crime Control District funds.
Regarding the Hotel Occupancy Tax fund, he stated that the YTD revenues totaled $3,585,502,
representing 40.07 percent of budget, and YTD expenditure3 were at 49.51 percent of budget.
Regarding Reinvestment Zone #2, Mr. Houlihan reported that the YTD revenues totaled
$1,021.283, or 86.48 percent of budget
Regarding the Arena/Seawall funds, Mr. Houlihan reported that the sales tax revenues from
these two referendums totaled over 52 percent. Fund expenditures were primarily associated with
debt service.
Mr. Houlihan reported that the Visitors Facility Fund's revenues were on target with
budgeted amounts. He noted that insurance premiums for the arena and convention center had not
been finalized; therefore, expenditures were only at 47.90 percent of budget. YTD revenues were
at 43.87 percent of budget
Mr. Houlihan stated that the Crime Control and Prevention District's YTD revenues were at
51.12 percent of budget, and expenditures were at 46.88 percent of budget. He concluded by
displaying a bar graph comparing the Special Revenue fund's revenues and expenditures between
FY 2003-04, FY 2004-05, and FY 2005-06 (YTD).
Finally, Mr. Houlihan reported on the status of the Debt Service funds. He said debt
Minutes - Regular Council Meeting
March 28, 2006 - Page 12
payments were programmed, charged, and transferred on a fixed schedule according to individual
Debt Service issue requirements. He said variances were due to mid-year refunding, and the timing
for issuance of new debt/commercial paper for planned projects.
Mr. Kinnison expressed concern that the city was short $2 million in property tax collections;
he noted that there appeared to be more delinquencies this year than last. Mr. Houlihan replied that
he researched the city's sales tax collections over the last five years, and found that it was
reasonable to expect the city to collect the $2 million by the fiscal year's end. He acknowledged,
however, that the sales tax revenues did appear to be coming in slower this year. Mr. Kinnison
asked Mr. Houlihan if he could produce a list of the top 250 individuals who had not paid their
property taxes as of now. Mr. Houlihan replied affirmatively.
Mr. Kinnison asked for a status report on MetroComm's payment to the city. City Manager
Noe replied MetroComm had submitted a check to cover last year's payment; the MetroComm
Board was scheduled to discuss this year's payment at their meeting on April 3.
Mr. Kinnison asked questions regarding the decreased marina revenues. He asked why
most of the shrimp boats had ceased operations. Director of Parks and Recreation Sally Gavlik
replied that most of the shrimp boats had gone out of business because imported shrimp was so
inexpensive, and due to changes in the Texas Parks and Wildlife rules. Mr. Noe added that the
shrimp boat area in the marina was being moved anyway as part of the marina development project.
Mr. Kinnison asked who the major lessee was that had stopped leasing the L & M piers. Ms. Gavlik
replied the Yacht Club had stopped leasing the piers and returned them to the city. She said one
of the docks had been difficult to lease because of its poor condition.
Regarding the Reinvestment Zone #2, Mr. Kinnison pointed out that Del Mar's share of the
taxes seemed to be understated. Mr. Houlihan replied affirmatively, saying he would look into it.
Mr. Kinnison asked about the beverage revenues in the visitor's facility fund. Mr. Houlihan
replied that staff asked for a legal interpretation of the contract in November or December. Based
on the interpretation, he said staff was going to budget for gross revenues and expenditures rather
than net revenues. Mr. Noe added that the revenue collection was convoluted because it had to
meet IRS and T ABC requirements. He said the city earned a percentage of sales through the
Seamen Center, the holder of the liquor license; additionally, CenterPlate and the Seamen's Center
also had an arrangement. He said the city still expected the visitor's facility to meet the pro forma
requirements for net revenues generated.
Mayor Garrett asked for a status on Iiveaboards at the marina. Marina Superintendent Peter
Davidson answered that the Water Shore Advisory Committee would consider a liveaboard
ordinance at their April 6 meeting. If the Council approved the ordinance, the city could begin
accommodating liveaboards within the next three to four months. He said staff estimated that
liveaboards would generate an additional $80,000 in revenues in FY 2006-07.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 27 regarding the replacement of the Police
department's dispatch and records management computer systems. City Manager Noe explained
that Tiburon, Inc., the current vendor for these products, informed the city that they would no longer
support the system. Director of Municipal Information Systems (MIS) Ogilvie Gericke reported that
the city entered into a contract with Public Safety Consultants, Inc. for four phases of consulting
services related to the replacement of the Tiburon system. The four phases are as follows: 1)
functional design specification for the Police department's dispatching and records management
functions; 2) issuance of an RFQ and RFP to leading industry vendors, coordination of response
Minutes - Regular Council Meeting
March 28, 2006 - Page 13
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. He said the City
Council's approval of today's contract would complete phase 3 of the PSCI contract.
Mr. Gericke reported three vendors responded to the city's RFP as follows: CompuDyne,
Intergraph, and Northrop Grumman. Due to the complexity of the system, Mr. Gericke said staff
Invited all the respondents to provide a benchmark testing of their products for the users. The
vendors loaded their systems with comparable Police case numbers and a city map. Staff then
arranged for Fire, Police, Municipal Court, and Kingsville and Nueces County staff to test the
products. Over 70 individuals tested the three products over two days. Meanwhile, he said MIS
analyzed the technical aspects of each vendor system.
Mr Gericke stated that the end users and the technical group rated the products technically
and functionally. Consequently, he said it was decided to eliminate CompuDyne from consideration
because it was functionally inferior to the other products and the end users were unhappy with the
product Of the two remaining vendors, Intergraph and Northrop Grumman, Mr. Gericke reported
that the combined ratings were higher for Intergraph (4.1) than for Northrop Grumman (3.45).
Mr Gericke discussed the Initial vendor costs for Intergraph ($6,774,437) and Northrop
Grumman ($12,100,846). He stated that Intergraph was the less expensive product, pointing out
that they proposed keeping the 1 O-year maintenance cost fixed from Years 2 through 9.
Mr Gericke reported that the final rankings were in Intergraph's favor (3.55) over Northrop
Grumman (2.23). He added that while both vendors met the city's needs, the end users preferred
Intergraph. and Intergraph was less expensive than Northrop Grumman. Consequently, he reported
that staffs recommendation was to proceed with Intergraph. Mr. Gericke stated that staff had
requested Intergraph's best and final offer, and also asked for additional clarifications by
teleconference.
Mr Gericke added that Intergraph offered an Automated Vehicle Locator (A VL) product. He
said the city was currently using an antiquated, 800 MHz system which would not use WiFi. If the
City chose to replace the system with the same technology, the cost would be $1.8 million; however,
If the city combined the WiFi system with the Intergraph A VL product, the cost would decrease to
$316,000.
Mr Gericke stated the total purchase cost for the replacement of the CAD, A VL, and records
management systems was $4.462 million, comprised of the following elements: Intergraph - $3.96
milfion for hardware, software, first year maintenance and services, $315,997 for AVL hardware; and
Sigma Solutions - $185,647 for SAN upgrade plus three year maintenance. He noted that
Intergraph had guaranteed that the annual maintenance costs for Years 2 through 10 would be
$316,721.
Mr Gericke stated that Nueces County and the Kingsville Police department would also
access the system, and thus there were a number of costs associated with their use. Nueces
County's cost was $165,127, and included training, mobile costs, data conversion, reporting licenses
and RMS licenses. The Kingsville Police department was approximately $76,869, and included
CAD and RMS licenses, reporting licenses, data conversion, and training. To seek reimbursement
for the costs, staff proposed invoicing Nueces County for their items; he said Kingsville was already
under contract.
Mr Gericke described the impact the purchase would have on the MIS budget as follows:
FY 05-06 - $625,190; FY 2006-07 - $621,462; and FY 2007-08 - $769,809. Mr. Gericke stated that
the current funding level supported FY 2006-07 needs, but future lease purchase and maintenance
Minutes - Regular Council Meeting
March 28. 2006 - Page 14
payments might need to be requested in subsequent years.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
27.a. MOTION NO. 2006-095
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 CompuDynelTiburon,
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 (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 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.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
27.b. MOTION NO. 2006-096
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 wit: be requested in subsequent budget years. SIGMA Solutions is an approved Texas
Catalogue Information Systems vendor.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 28 regarding a Traffic Congestion Management
Project to be partially funded by SOl Realty. City Manager Noe stated staff had withdrawn the item
at this time
28.a. WITHDRAWN
Ordinance oppropriating 0 payment in the ::Imount of $36,925.65 from SOl Realty in the No.
3530 Street Capitallmpro'.'ement Project Fund for the developers share of construction of
the Traffic Congestion Man::lgement project ::It .^.irline RO::ld Northbound Right Turn Lone at
SH 358 eastbound Frontage Road (Bond Issue 2001); amending Copitol Budget odopted
by Ordinance No. 02-6188 by increasing appropriotions by $36,925.65.
28.b. WITHDRAWN
Minutes - Regular Council Meeting
March 28, 2006 - Page 15
Motion authorizing the City Manager or his designae to executo Change Order NO.1 to a
construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of
$188,215.35 for construction of the Traffic Congestion Management Project atl'.irline Road
Northbound Right Turn Lane at SH 358 Eastbound Frontage Road. (BOND ISSUE 2004)
Mayor Garrett opened discussion on Item 29 regarding the Marina Development Project.
City Engineer Angel Escobar reported that staff was asking the Council to approve four actions
related to this project. First, he said the Council was asked to accept an U.S. Fish and Wildlife
Service grant in the amount of $450,000 for marina boat slips. Second, the city needed to
appropriate the monies. Third, the city needed to appropriate the unappropriated interest earnings
of $101,165 from bond proceeds. Fourth, the Council was asked to approve the award of the
$3,835,988 construction contract to the CCC Group, Inc. for the project's Phase III.
Mr Escobar discussed Phase III of the Marina Development Project in more detail. Upon
completion, the project would provide 120 additional boat slips in Docks E, F, and G. As the project
progressed, he said the city planned to award additional additive alternates, if funding existed, to
further increase the number of available boat slips. Staff anticipated that funding for the additive
alternates would be possible through the project's contingency funds of $382,084. Thus, staff
recommended the inclusion of Additive Alternates #4 and #5 to create 38 more boat slips in Dock
H. The city would determine whether to proceed with additive alternates in Mayor June; if the
projects were deemed feasible, then staff would issue change orders to complete the work by the
end of the fiscal year.
Mayor Garrett asked if the city planned to dredge the marina area. Mr. Escobar replied
negatively, saying it was not necessary to complete the project. Mayor Garrett stated that he had
been informed that the depth of the marina was concerning to many patrons. Marina
Superintendent Peter Davidson answered that the marina itself had sufficient depths of eight to
eight-and-a-half feet. As boats left the entrance of the marina to Corpus Christi Bay, however, the
depths were becoming critical. He stated that as part of the McGee Beach renourishment project
two years ago, the city had dredged to a depth of nine feet on the marina's West Side. As boaters
passed the rocks, however, they encountered shallower depths of 6 to 7 feet, depending on the low
tide. Mr Davidson stated that staff was attempting to obtain grant funding for the Sunfish Island
project, a bird sanctuary. In that project, he said the General Land Office gave the city permission
to dredge in that area to address the problem.
Mr Scott complimented Mr. Noe, Director of Parks and Recreation Sally Gavlik, Mr.
Davidson, and Water Shore Advisory Committee member Roy Pell for their efforts to improve the
marina
Mr Garcia also complimented staff for their efforts. He asked Mr. Escobar for the estimated
cost to complete the additive alternates. Mr. Escobar replied that out of the $382,000 available in
contingency funds, staff anticipated that Additive Alternates 4 and 5 would cost $274,352. Mr.
Garcia asked staff to estimate how much additional revenue the 38 new boat slips could generate.
Mr. Davidson replied the entire project, Docks E, F, G, and H, would generate $750,000 per year
at 100 percent occupancy. Staff anticipated that the docks would take 18 months to two years to
reach 100 percent occupancy. Mr Davidson said the marina was scheduled for completion in
December 2006, in time to accommodate the International Yacht and Jet Show scheduled for April
2007.
In response to Mayor Garrett's question, Mr. Noe replied that the trailers that house the
marina's administrative offices could not be replaced at this time due to lack of funding. Mr.
Davidson added that more boat slips would lead to higher revenues, and he estimated that the
Minutes - Regular Council Meeting
March 28 2006 - Page 16
marina could build new offices within two years.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29.a. RESOLUTION NO. 026718
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
29.b. ORDINANCE NO. 026719
Ordinance appropriating $450,000 from the United States Fish and Wildlife Service in the
No. 1058 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 3ppropriations by $450,000.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
29.c ORDINANCE NO. 026720
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.
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"
29.d. MOTION NO. 2006-097
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.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations and conduct a swearing-in
ceremony for new board and committee members.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
March 28, 2006 - Page 17
Mayor Garrett called for petitions from the audience. Ms. Tammy Castillo, 5417% Eden
Lane, spoke against the Parks and Recreation department's decisions to charge summer program
participants at T.C. Ayers and Ben Garza Recreation Centers $1.00 a week, and to lower the
participant age limit. As a result of the policy changes, she said 60 to 70 children had been turned
away from the centers, either because they were unable to pay the fee or because they were too
old. She said she had spoken about this issue two months ago, but had not received a staff
response.
Director of Parks and Recreation Sally Gavlik replied staff met with Ms. Castillo last June to
discuss her concerns. She said staff also provided a response to the Council in the June 24, 2005
City Manager's Report. Ms. Gavlik stated that the Council had approved the $1.00 per week fee
during the fee schedule process. Ms. Gavlik stated the summer program age limit was six to 14
years of age. She said approximately the same number of children had registered in both sites, and
had not fluctuated significantly, whether a fee was charged or not. She noted that at T.C. Ayers,
more children attended the summer programs in July, upon completion of vacation bible school in
June.
In response to Mr. Noyola's question, Ms. Gavlik replied that the children could attend
special events at the centers for no additional charge. The $1.00 per week fee simply helped staff
keep count of program participants, and to offset the cost of special events. Mr. Noyola asked for
a breakdown of revenues generated from the eight-week summer programs. Ms. Gavlik replied she
would provide the information. Mr. Noyola asked how many children were being turned away
because they could not pay the fee. If the number of children was 60 or less, he offered to pay the
fees for them. Mayor Garrett asked staff to work with Ms. Castillo before the start of summer
programming.
Mr Raymond Ames, 14901 Windward Dr #801, stated that the city contractor hired to
construct the Packery Channel beach parking lot had removed a substantial amount of vegetation
and soil during construction. As a result, a large amount of sand had blown into the Beach Breeze
Townhomes' rock landscaping, but the contractor refused to remove the sand and replace the rocks,
even after being approached by the city staff. He asked for the Council's assistance.
Assistant City Mana~er Ron Massey explained that the contractor was required to set up
erosion control by using water to reduce the displacement of sand
Mr. Chesney asked if staff felt the contractor was responsible for removing the sand. City
Engineer Escobar replied staff had mentioned it to the contractor twice, but he said he had not
personally investigated the matter, so he could not judge. Mr. Garcia said if this actually occurred,
the contractor should be held responsible for removing the sand. If the contractor refused to remove
It, then the city should take care of it, and then not use the contractor again. Mr. Massey agreed,
saying that was the course of action staff was considering. Mr. Chesney asked staff to investigate
what legal recourse the city had, if any. to require the contractor to remove the sand.
Mr Alex Harris, 2138 Highway 2186, also asked the Council to require the contractor to
remove the sand from the Beach Breeze Townhomes' landscaping. He circulated pictures of the
landscaping illustrating his point.
The following individuals spoke against a proposed plan by Corpus Christi Metro Ministries,
a homeless family service provider, to open a new facility on 3115 McArdle Street, citing public
safety concerns: Priscilla Leal, 4738 Cheryl; Roland Garza; and Lolly Bernal, 4838 Odem.
The following individuals spoke in support of Corpus Christi Metro Ministries' plan to open
a new facility on 3115 McArdle: Sean Michael Hazuda, Metro Ministries' executive director; Betsy
Minutes - Regular Council Meeting
March 28, 2006 - Page 18
Carrell, 4556 Cherry Hill; and Julie McNeil, 263 Cape Aron.
Council Member Marez stated that he was glad the Metro Ministries' Board had decided to
postpone their plans for the new facility, allowing time to better communicate their plan to the public.
Mr. Marez asked what the city could do to help create a balanced approach to deal with the issue.
He said he would like to place a moratorium on these types of facilities until the city could research
what other cities were doing. Mr. Marez acknowledged the community's need for social services,
but he could not ignore the community's concerns about the facility.
Mr. Noe replied that if a majority of the Council wished to place a moratorium on these types
of facilities, the issue could be placed on the agenda for consideration. At this point, he said staff
had not researched whether Metro Ministries had the legal right to move forward with the project
with or without Council action. Staff could look into this matter, as well as researching what
ordinances other communities used to address this issue.
Mr Noyola asked Mr. Noe to look into placing a moratorium on issuing permits for any
homeless shelter until the Council had more information. He also asked staff to consider creating
an ordinance dictating where homeless shelters could be located, similar to Austin and San Antonio.
He said it was important to protect the neighborhood.
Mr. Scott stated that it was unfortunate if the city planned to change the rules in the middle
of the game. He said if Metro Ministries had complied with the city's ordinances, then they should
be allowed to locate their facility on McArdle Road. He remarked the city was currently facing the
same situation with a rehab facility located on Meldo Park, a residential area. While the Meldo Park
neighbors were strongly opposed to the rehab facility, Mr. Scott stated that if the applicant complied
with city ordinances, then the facility could stay in operation.
Mr Chesney took exception to Mr. Garza's statement that a sexual predator was residing
at a Metro Ministries shelter. He said the statement was false, and it was unfair to perpetuate the
statement to alarm the public.
Mr Scott asked Ms Carrell and Mr. Hazuda to provide the Council with a written response
addressing the community's concerns.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 26 regarding the Packery Channel beach
ordinance. City Manager Noe discussed the latest draft of the beach ordinance, which incorporated
the Council's comments during the first reading of the ordinance last week. He said the Council
wanted the second reading ordinance to address three areas of concern. First, the Council asked
staff to address concerns that the charter amendment language was too vague.
Second, Mr. Noe said the ordinance addressed the Council's desire to tie the north end of
the development with the south end of the development. He said that if the southern section met
its "mitestones" first but the northern section did not meet its milestones within five years, then the
Council could reverse the prohibition of vehicles on the southern portion.
Third, Mr. Noe stated the Council asked staff to address ways to improve access to the
South Jetty. He said while the city and the developer had not agreed on the distance between the
parking lot to the jetty, the developer was willing to facilitate a "people mover" system running from
the parking lots along the beach to the South Jetty.
Fourth, Mr. Noe stated the ordinance included a "whereas" statement to clarify that the
parking lots will not be metered or require a fee.
Minutes - Regular Council Meeting
March 28, 2006 - Page 19
Mayor Garrett asked for public comment. The following individuals spoke against the
proposed beach ordinance: Johnny French, 4417 Carlton; Cliff Slovik, 122 Whiteley; Carolyn Moon,
4902 Calvin; Jean Adams, 215 Louisiana; Michael McKutchon, 203 Jackson; Joe Lynch, 237 Mullet
Street; Neil McQueen, 4213 Estate; Kate Crenshaw, Port Aransas resident; Gail Blanpied, 3621
Austin; and Teresa Carrillo 730 Harrison
The following individuals spoke In favor of the beach ordinance and against the charter
amendment Terry Carter, representing the Chamber of Commerce; John Trice, 13706 Tajamar;
Kim Erwin. 13957 Dasmarinas; Sylvia Whitmore, Chairman of Chamber of Commerce Board; Gene
Guernsey. 6133 Tarafaya.
John Bell, 13750 Primavera, and Abel Alonzo, 1701 Thames, spoke against the charter
amendment provision.
Paul Schexnailder, the resort developer, cautioned the Council to consider the long-term
effects the charter amendment could have on the development community.
The following individuals spoke in favor of the beach ordinance: Colleen Mcintyre, 13714
Three Fathoms; Craig Loving, 1037 Sturman, Electrician's Union #278; Marco Gamboa; and Matt
Martin, 414 Louisiana.
Bill Kopecky, 3609 Topeka, spoke against making the charter amendment contingent upon
the beach closure.
Gail Hoffman, 3442 Paradise, spoke in favor of the beach ordinance, but suggested
separating the traffic provisions from the charter amendment provisions to allow for separate votes.
Mayor Garrett called for Council comments. Mr. Garcia thanked the public for their
comments. He strongly agreed with Mr. John Bell's comment that the Council should not rush into
a decision regarding the charter amendment. He said a number of Council members introduced
the charter amendment provision as a compromise measure, but pointed out that the referendum
process gave citizens the power to repeal enacted ordinances they opposed. He wanted to avoid
the type of "government by referendum" system that California had in place. The citizens elected
the Council members to make the best decisions possible, whether they were popular or not.
Mr. Garcia spoke in favor the beach ordinance with a few contingencies, namely that he
wanted to see the parking issue on the south side of the Packery Channel addressed. Mr. Garcia
said he did not want to give one developer an advantage over any other with a charter amendment.
He wanted to see jobs and infrastructure come to the city.
Mr Garcia stated that he wanted the Council to be able to vote on the traffic provision and
charter provisions of the ordinance separately. He pointed out that no matter how the Council voted
today, however, a citizen referendum would be initiated. He urged the Council to take a stand on
the issues
Mr Garcia made a motion to move for separate consideration of the traffic provisions from
the Charter Amendment provisions of the proposed ordinance, and seconded. City Secretary
Chapa polled the Council for their votes as follows:
26.a. MOTION NO. 2006-098
Minutes - Regular Council Meeting
March 28, 2006 - Page 20
Motion for separate consideration of the traffic provisions from the Charter Amendment
provisions of the proposed beach ordinance.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kinnison, and Noyola, voting "Aye", Marez and Scott, voting "No"; Kelly
abstained.
Mr Kinnison asked if Mr. Kelly would be able to participate in the vote and discussion on the
Charter Amendment. City Attorney Fischer replied affirmatively.
City Secretary Chapa asked for clarification regarding staffs proposed amendments to the
second reading of the beach ordinance. Mr. Chapa believed the amendments should be voted on
prior to voting on the separate provisions of the beach ordinances. City Attorney Fischer replied
affirmatively. Mr. Chesney made a motion to amend both ordinances prior to second reading to
reflect the changes proposed by staff, seconded by Ms. Cooper, and passed. Mr. Kelly abstained
from the vote and discussion on the traffic provisions of the ordinance. City Secretary Chapa polled
the Council for their votes as follows:
26.b. MOTION NO. 2006-099
Motion to amend prior to second reading both ordinances to reflect the changes proposed
by staff relating to the applicability of the proposed Charter amendment and to require the
developer to cooperate to provide a system to move people between the parking lots 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.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained.
Mr Garcia made a motion for the approval of the proposed ordinance as amended on its
second reading as it relates to the traffic provisions, and seconded. City Secretary Chapa stat~d
that Mr. Kelly would abstain from the vote and discussion on this ordinance.
Mr. Noyola asked why Mr. Kelly was allowed to vote on the Charter Amendment provisions
when he couldn't vote on the traffic provisions. City Attorney Fischer replied that Mr. Kelly did not
have a conflict of interest on the Charter Amendment provisions pursuant to State law.
Mr Chesney asked if the traffic provisions ordinance included binding language requiring
the developer to work with the city and the Regional Transit Authority (RTA) to provide transportation
from the parking lot to the Packery Channel south jetty. Mr. Noe answered affirmatively.
Mr Scott asked if there was any language in the proposed ordinance requiring the developer
to move the parking lot next to the south jetty. Mr. Noe answered negatively. He said at this point,
the plan was to work with the developer on the best site for the parking lot, recognizing that there
was more planning to go.
Mr Schexnailder commented that the developer has guaranteed the design, construction
and operation of a trolley for the first two years after beach closure to demonstrate its feasibility.
The developer will then give it to the RTA after the two-year period. He said it will be designed to
allow riders to bring ice chests, fishing poles, and other gear. Mr. Kinnison clarified that the city was
l10t making a financial committing to run the trolley Mr Noe answered affirmatively, saying it was
Minutes - Regular Council Meeting
March 28. 2006 - Page 21
a feasible project.
Mr Kinnison stated that the provision in the traffic ordinance tying the southern and northern
developments was allowing for a five-year period between completion of two phases. If the
developer completed the project's first phase (south), and then failed to complete the second phase
(north) within five years, the pedestrian-only beach on the southern development would be repealed.
He understood that a two-year time period was sufficient. Mr. Noe apologized, saying that he did
not hear the developer say that a two-year period was sufficient. Staff did not discuss developing
a time period in which the second phase of the development would have to occur. Rather, staff
allowed for Council discretion to decide whether or not to repeal the pedestrian-only beach in the
southern development. Mr. Kinnison stated that he was not debating the provision for Council
discretion. rather, he was questioning the need for a five-year period. Mr. Noe replied the Council
could amend the provision if desired.
Mr Marez asked if both ordinances passed, then would there need to be two citizen
referendum petitions. City Secretary Chapa answered affirmatively.
Mayor Garrett stated that the Council's credibility was at stake regarding this issue. He felt
the Council had made a commitment to include the Charter Amendment provision in the beach
ordinance. He did not feel that the purpose of the second reading was to significantly change the
content of the first reading. He encouraged the Council to maintain their integrity and do what was
right, and to vote accordingly.
City Secretary Chapa polled the Council for their vote on Mr. Garcia's motion to approve the
traffic provisions ordinance as amended as follows:
26.c. ORDINANCE NO. 026716
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; and enacting
provisions incident and relating to the subject and purpose of this ordinance; directing the
City Manager to process any changes to the Comprehensive Plan, other plans, or
ordinances to make such consistent with this ordinance.
The foregOing ordinance was passed and approved as amended on its second reading with
the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Noyola, and Scott, voting
"Aye"; Marez voting "No": Kelly abstained.
Mr. Garcia made a motion for approval of the proposed ordinance on its second reading as
amended as it relates to the Charter Amendment provisions, and seconded.
Mr. Kinnison spoke strongly against the Charter Amendment provision. He felt the city was
circumventing the Charter Review Commission's recommendations. He also said it would place the
city at a competitive disadvantage with other communities in attracting economic development. He
supported the referendum process as a way for citizens to repeal Council decisions they opposed.
He also asked about the public safety provision in the ordinance. He thanked the Chamber of
Commerce for voicing their position on the issue.
Ms. Cooper spoke in support of the beach ordinance. She said the Charter Amendment
provision was difficult for her, but she was leaning toward including it because the Council told the
Minutes - Regular Council Meeting
March 28, 2006 - Page 22
public they would not support any future beach closings without one.
Mr. Scott stated the Charter Amendment provision was initiated by several Council members,
not the developer. The Council even discussed it with opponents to appease them. He came to
the conclusion that the Charter Amendment provision was not anti-business; rather, it provided
certainty to the development community. He was concerned, however, that the November election
date would rnake the developer wait an unreasonable amount of time before a decision was made.
He spoke in support the Charter Amendment provision.
Mr. Noyola spoke in support of the Charter Amendment provision. He suggested that the
developer could pay the Charter Amendment election costs.
Mr Marez was concerned about the public safety language in the ordinance. He felt it didn't
provide the safeguards that the public expected if the goal was to prevent future development. City
Attorney Fischer stated that the public safety section was included in response to Mr. Bell's
comments, and it was meant to address immediate, temporary closures only. Mr. Marez asked who
would decide if a beach closure was necessary due to public safety concerns. City Attorney Fischer
replied the manager and the police chief would determine if the public safety were at risk.
Mr. Kelly also expressed concern about the public safety item in the Charter Amendment
provision because he did not think it was worded to restrict vehicular traffic on a temporary basis
only, City Attorney Fischer replied that the word "temporary" was not in the public safety item, but
it could be added Mr. Noe added that the word "temporary" was not used because a closure based
on public safety might or might not be permanent. If the beach were eroded to the point where it
was unsafe for vehicles, for example, then it would remain closed for a long-term period.
Mr Kelly replied that he felt Mr Bell was correct when he said today's exceptions become
tomorrow's loopholes. He recommended that the Council consider a charter amendment that would
give the Council the right to call for a public election on controversial issues. City Attorney Fischer
replied that the Council had the power to adopt such a provision if they chose.
City Secretary Chapa polled the Council for their votes on the Charter Amendment provisions
of the beach ordinance as amended as follows:
26.d ORDINANCE NO. 026717
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 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.
The foregoing ordinance was passed and approved on its second reading as amended with
the following vote: Garrett, Cooper, Marez, Noyola, and Scott, voting "Aye"; Chesney,
Garcia, Kelly, and Kinnison, voting "No".
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe did not have a report.
Mayor Garrett called for Council concerns and reports. Mr. Noyola reported he received a
Minutes - Regular Council Meeting
March 28,2006 - Page 23
phone call from citizen residing in the Weber area off of Lamont Street. Due to the sidewalk repairs
being made on Weber Road, she said vehicles were speeding through her neighborhood (Lincoln,
Marion, and Lamont Streets) to avoid the construction delays. City Manager Noe stated he would
notify the Police department.
Mr Scott thanked the Council for their fortitude on the beach ordinance issue. He thanked
them for passing an ordinance that gave the city an opportunity for a $1 billion development.
Mr Marez echoed Mr. Noyola's concerns about speeding on Lamont and Marion Streets,
saying he had brought it up about three months ago. He said Police Chief Alvarez issued a memo
discussing how they addressed the problem at that time. Since the problem seems to have
resurfaced, he asked the city manager to find a more consistent solution.
Mr Marez asked for a status report on the TRT Holdings negotiations. City Manager Noe
stated that the city had entered into a Memorandum of Understanding regarding the scope of the
discussion, the schedule, the issues, and the objectives over the next 60 days. Assistant City
Manager Oscar Martinez added that the first meeting would be held next Wednesday. Mr. Marez
said it was important to keep the public informed on the status of the negotiations.
Mr Garcia thanked the Council and city staff for their fortitude during the beach ordinance
process
Mayor Garrett introduced his son, Glen Garrett, a DPS highway patrolman.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:58 p.m. on March 28,2006.
* * * * * * * * * * * * *
2
AGENDA MEMORANDUM
City Council Action Date: April 11. 2006
AGENDA ITEM:
Item A: A resolution authorizing the City Manager or his designee to accept a grant
from the Department of State Health Services in the amount of $80,000 for diabetes
prevention and management services.
Item B: An ordinance appropriating a grant from the Department of State Health
Services in the amount of $80.000 in the NO.1 066 Health Grants Fund for diabetes
prevention and management services; and declaring an emergency.
ISSUE: The Health District is in receipt of Attachment #02 to Contract #7460005741-2007
Change No.1, with the Department of State Health Services. The Health District in
collaboration with the Coastal Bend Health Education Center (CBHEC) has developed an
educational diabetes program for diabetics as well as individuals and family members at
risk for diabetes. This project addresses two unmet needs in this area: 1.) lack of
"prevention" education programs and 2.) increased capacity of existing programs for
persons/families with diabetes The grant period is from March 30, 2006 to March 29,
2007
REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of
funds.
PREVIOUS COUNCIL ACTION: Council approved funds for FY05-06.
FUNDING: There is no match funding required by the City.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
contract attachment and appropriate funding for a family focused community diabetes
service project.
1b~
/ It;' tJc4)}. J{/!I
nnette Rodrigudz, M.P.H.
Acting Director of Public Health
BACKGROUND INFORMATION
This is a renewal grant that has been provided to the Health District from DSHS. The
purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus
in our area. This contract period will increase diabetes education programs for individuals
at risk for developing diabetes. No matching funds are required. The grant provides for
one full time program coordinator and a part-time program assistant. Activities supported
by this funding include travel, and supplies for items such as incentives, ie. Podometers,
needed to increase client participation.
.
DEPARTMENf OF STATE HEALTH SERVICES
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
STATE OF TEXAS
COUNTY OF TRAVIS
DSHS Document No. 7460005741 2007
Contract Change Notice No. 01
The Department of State Health Services, hereinafter referred to as RECEIVING AGENCY, did heretofore enter into a contract in
writing with CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) hereinafter referred to as
PERFORMING AGENCY. The parties thereto now desire to amend such contract attachment(s) as follows:
SUMMARY OF TRANSACTION:
AIT NO. 02 : DIABETES-COMM. DIABETES SERVICES
~..__.
_.. .__._-,._.~- .__......_-- .--.-.,--.---- -"--.--.---.-.. -'--'--
All terms and conditions not hereby amended remain ill full force and effect.
-- -.-.. -
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
CORPUS CHRISTI (CITY O~
Authorized Contracting Entity (type above if different
from PERFORMrNG AGENCY) for and in behalf of:
PERFORMING AGENCY:
RECEIVING AGENCY:
CORPUS CHRISTI-NUECES COUNTY PUBLIC
HEAL m DISTRICT (CITY)
DEPARTMENT OF STATE HEALTH SERVICES
By: __..___.___ ._.__.___. ____
(Signature of person authlrized to sign)
By:
(Signature of person authlrized to sign)
Bob Burnette, Director
Client Services Contracting Unit
(Name and Title)
(Name and Title)
Date
Date:
RECOMMENDED:
By: ..
(PERFORMING AGENCY Director, if different
from person authorized to sign contract
MB CSCU - Rev. 6/05
Cover Page 1
DETAILS OF ATTACHMENTS
AttI .'. DSHS Program ID/ 'r. Term
Amd. DSHS Purchase - .
No. Order Number j Begin End
.. - ---- -t---
01 :~~3002 101101/06 12/31/06 93.116
~2 - '~~/l~~t--1 03/30!O~ ~~;;/0;-~3. 988
1---...' ---~--- --_______
DSHS Document No. 746000574 I 2007 Totals
Change No. 01
Financial Assistance
Direct
Assistance
Total Amount
(DSHS Share)
--f-._-
Source of
Funds.
0.00
108,430.00
0.00
80,000.00
$ 0.00
$188,430.00
*Federal funds are mdicated by a number from the Catalq?; of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATIACHMENT FOR DETAILS.
Cover Page 2
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT
A GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES
IN THE AMOUNT OF $80,000 FOR DIABETES PREVENTION AND
MANAGEMENT SERVICES.
Be IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
seCTION 1. The City Manager or his designee is authorized to accept a grant from the
Texas Department of State Health Services, in the amount of $80,000, for diabetes
prevention and management services.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: March 27, 2006
Eljz
Ass ant City Attorney
for the City Attorney
EHres178.doc
Corpus Christi. Texas
j 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
AN ORDINANCE
APPROPRIATING A GRANT FROM THE DEPARTMENT OF STATE
HEALTH SERVICES IN THE AMOUNT OF $80,000 IN THE NO. 1066
HEALTH GRANTS FUND FOR DIABETES PREVENTION AND
MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant from the Texas Department of State Health Services, in the
amount of $80,000, is appropriated in the No. 1066 Health Grants Fund for diabetes
prevention and management services.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
_ _________ 2006
ATTEST:
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
APPROVED: March 27 2006
EHord188 doc
Corpus Christi, Texas
day of
,2006
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: l/we, therefore, request that you suspend
said Charter rule and pass this ordinance finally on the date it is introduced or at the
present meeting of the City Council.
Respectfully,
Respectfu lIy,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 11. 2006
AGENDA ITEM:
A. Motion authorizing the CIty Manager or his designee to accept the Summer Food
ServIce Program Grant from the Texas Health and Human Services Commission to
provide summer lunches and snacks to citizens ages one to eighteen at summer youth
rp.creation prograrTls throughout the community.
B. Ordinance appropnating a $416,840.00 grant from the Texas Health and Human
Services Commission in the No. 1067 Parks and Recreation Grant Fund to operate
a summer food service program for summer recreation participants ages one to
eighteen years; and declaring an emergency.
C. ResolutIon authorizing the City Manager, or his designee, to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent Shool District to provide
summer food services for Summer Recreation.
ISSUE: In order to provide certain services associated with the City's Summer Food
Program, the City Council must A) approve a motion to accept the Summer Food Service
Program Grant from the Texas Health and Human Services Commission B) appropriate
$416,840 in grant funds from the U.S. Department of Agriculture and Texas Health and
Human Services Commission for a youth nutrition program and C) approve an agreement
with CCISD for the preparation and delivery of meals to the recreation sites as funded by
the youth nutrition grant.
REQUIRED COUNCIL ACTION: Action is required to accept the Summer Food Service
Program grant, appropriate grant funds and authorize the City Manager or his designee to
execute all related contracts and documents for the 2006 Parks and Recreation
Department Summer Food Program
PRIOR COUNCIL ACTION: The City Council has approved the youth nutrition grant as
well as the food service agreements in prior years.
FUNDING: Texas Health and Human Services Commission grant funds for the Summer
Food Program.
RECOMMENDA liON: Staff recommends approval.
j
BACKGROUND INFORMATION
Background:
The U S Department of Agriculture (USDA) through the Texas Health and Human
Services -- Special Nutrition Programs - provides funding for summer nutrition
programs as an extension of the National School Lunch Program. The City's
Summer Recreation Program is again receiving this grant for the Summer Recreation
sites and other local non-profit agencies. (Item A) No local match is required.
This program is a collaborative effort with many agencies to provide summer meals
to the youth of Corpus Christi. Sites to be served are T.C. Ayers Recreation Center,
Joe Garza Recreation Center, Lindale Recreation Center, Oso Recreation Center,
Oak Park Recreation Center, Ben Garza Gym, Collier Pool, H.E.B. Pool, Greenwood
Pool, Y.M C.A Summer Camps, Baker Middle School, Wilson Elementary, Yeager
Elementary, Kostoryz Elementary, Moore Elementary, Smith Elementary, Cliff Maus
Village, Molina Neighborhood Centers, Navarro Place (Housing Authority), La
Armada Housing Authority) La Armada #3(Housing Authority), McKinzie Place
(HOUSing Authority), Wiggins (Housing Authority), LULAC West Apartments, 21st
Century Programs, Garcia Arts Education Center, Casa De Manana, New Life
Fellowship Church, Weed and Seed Program (Oscar Romero School), Friendship
Baptist Church, Salvation Army Community Center, and Gulfway Manor Apartments.
Additional agencies are still contacting the Parks and Recreation Department to be
included In the 2006 Summer Food Service Program.
Over the past few years, the City and CCISD have entered into local interagency
agreements for the preparation and delivery of meals to the sites (Item C)
The City and CCISD again propose to enter into a contract for CCISD to prepare and
deliver the lunches at a rate of $1.90 per lunch and $.55 per snack, both provided on
a weekday basis during the eight week Summer Program, June 5 through July 30,
2006. The Summer Youth Program sites will be serving meals Monday - Thursday,
as per CCISD summer schedule Other sites will be serving meals Monday -
Friday, depending on program requirements. The lunches consist of sandwiches,
fruit/vegetable. milk and dessert and the snack consists of fruit/vegetable, milk and
dessert. It is estimated that approximately 3310 meals per day will be reimbursable
meals Some of the youth in the summer programs bring their own lunch or come to
the facilities after lunch CCISD will maintain and provide menu records as well as
daily meals served until the program's end. At the individual sites, the City employs
CCISD Food Service staff as part-time, seasonal employees to verify meal counts,
serve meals and clean up the site Grants funds are used to pay the seasonal
employees, cleaning supplies monitors and food costs. Total program costs,
including operation and administration, are to be provided by the State's
reimbursement. An ordinance is necessary to appropriate the grant of $416,840 in
order to Implement the program. CCISD has approved the food service agreement.
Page 1 of 2
ORDINANCE
APPROPRIATING A $416,840.00 GRANT FROM THE TEXAS HEALTH
AND HUMAN SERVICES COMMISSION IN THE NO. 1067 PARKS AND
RECREATION GRANT FUND TO OPERATE A SUMMER FOOD
SERVICE PROGRAM FOR SUMMER RECREATION PARTICIPANTS
AGES ONE TO EIGHTEEN YEARS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS-
SECTION 1. That a $416,84000 grant from the Texas Health and Human Services
CommissIon in the No 1067 Parks and Recreation Grant Fund is appropriated to
operate a Summer Food Service Program for Summer Recreation participants ages one
to eighteen years
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure thiS the__day of , 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett.
Mayor
"J!!i3..::2 March 2006
._-=__ _'_'M _.__'_____.__ __ __.
Doyle 0 Curtis
Chief. Administrative Law Section
Senior Assistant Citv Attorney
For City Attorney
iDoyle "f"ORD200" '. '5' 'rolnanc e;\i\op'ov 3te .f) 0322DC 1! 58.VI T ,HHS Grant S..,rr,Food O'd doc
Page 2 of 2
Corpus Christl. 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
Doyle :':i"DRD200:' U6'Jrdlnanc es\.Approp' ate' ,60322DC $416840 T'HHS.Grant SumrFood.Ord.doc
Page 1 of 2
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT TO PROVIDE SUMMER FOOD
SERVICES FOR SUMMER RECREATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS
SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District to provide
summer food services for Summer Recreation. The Agreement is attached as Exhibit A
and a copy is on file in the City Secretary's Office.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
~~:Marc: 2006
Doyle 0 Curtis
Chief. Administrative Law Section
Senior Assistant City Attorney
For City Attorney
c: DDyle' n (1F'DR02003 %\l-'esDlut, 0,0'\\1(
(:ISDILK S,wHFo",j "'" fes Res,do'
Page 2 of 2
Corpus Christl, Texas
__ day of __~____ ,2006
The above resolution was passed by the following vote:
Henry Garrett__ ____
Brent Chesney __ ________
Melody Cooper
Jerry Garcia
William Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
C .. Doyle t!3 )6\ORD2003 D6\Resoluti ons\06 0322DC rCISDILKSumrFood Sevcs Res doc
4
CITY COUNCIL
AGENDA MEMORANDUM
Date: April 11, 2006
AGENDA ITEM: Resolution authorizing the submission of a grant application in the
amount of $42,294 to the State of Texas, Office of the Governor, Criminal Justice
Division for Year 2 funcjing of a Crime Scene Technician grant in the Police Department
with a City match of $34,700, for a total grant application $76,994, and authorizing the
City Manager or the City Manager's designee to apply for, accept, reject, alter or
terminate the grant
ISSUE: Funding for Year 2 is available through the Criminal Justice Division and City
Council must approve submission of the application and matching funds.
BACKGROUND INFORMATION: The Corpus Christi Police Department is requesting
funds for Year 2 to fund two civilian Crime Scene Technicians for the Identification
Division The technicians respond to crime scenes where they dust for fingerprints,
take photographs, and recover any evidence for processing. The additional positions
will also allow for the collection of DNA evidence from sex offenders as required by
State law. ThiS process allows sworn officers to continue their investigations and not
worry about "captunng' the crime scene. The technicians will also respond to
surrounding jurisdictions upon request and approval by a supervisor.
REQUIRED COUNCIL ACTION: Approval to submit the grant application
FUNDING: The State provides $42,294 for the salary and fringe benefits for two civilian
Crime Scene Technicians. The Police General Fund provides $30,233 for salaries and
fringe benefits and the Law Enforcement Trust Fund provides $4,467 for training,
equipment, and supplies. The grant IS on a five-year funding schedule.
CONCLUSION AND RECOMMENDATION: Staff recommends passing the resolution
approving submission of the grant application to the Office of the Governor, Criminal
Justice Division.
t1n~
Acting Chief of Police
RESOLUTION
AUTHORIZING THE SUBMISSION OF A GRANT APPLlCA nON IN THE
AMOUNT OF $42,294 TO THE STATE OF TEXAS, OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION FOR YEAR 2 FUNDING
OF A CRIME SCENE TECHNICIAN GRANT IN THE POLICE
DEPARTMENT WITH A CITY MATCH OF $34,700 FOR A TOTAL
GRANT APPLlCA nON OF $76,994 AND AUTHORIZING THE CITY
MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR,
ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to submit a grant
application in the amount of $42,294 to the State of Texas, Office of the Governor,
Criminal Justice Division for Year 2 funding of a Crime Scene Technician grant in the
Police Department with a City match of $34,700 for a total grant application of $76,994
and is authorized to apply for, accept, reject, alter or terminate the grant.
SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned, in full, to the State of Texas, Office of the
Governor, Criminal Justice Division
AlTEST:
THE CITY OF CORPUS CHRlSn
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: IJ. p ,,-: I (
,2006.
By:
I~ I-\--,
Joseph rney 0
Assistant City Attorney
For City Attorney
Reso.gl1lnt-CST ech
2
Corpus Christl , Texas
of , 2006
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
Jesse Noyola
Mark Scott
R8801Jrant-CSTech
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/11/06
AGENDA ITEM: Ordinance appropriating $21,825 of revenue from the sale of obsolete
Corpus Christi Police Department (CCPD) weapons in the No. 1020 General Fund for
the purchase of CCPD ammunition; amending the FY 05-06 operating budget adopted
by Ordinance No. 026385 by increasing appropriations by $21 ,825; and declaring an
emergency.
ISSUE: Proceeds froIT' the sale of surplus weapons needs to be appropriated in order
to spend the monies
BACKGROUND INFORMATION: The Police Department purchased and issued new
weapons to all officers In FY 0405. Bids were issued and awarded to a vendor for the
sale of all old weapons and these funds will be used to purchase ammunition for the
new weapon during FY 0506.
REQUIRED COUNCIL ACTION: Appropriation of funds.
CONCLUSION AND RECOMMENDATION: Staff recommends appropriation.
Attachments:
ORDINANCE
APPROPRIATING $21,825 OF REVENUE FROM THE SALE OF
OBSOLETE CORPUS CHRISTI POLICE DEPARTMENT (CCPD)
WEAPONS IN THE NO. 1020 GENERAL FUND FOR THE PURCHASE
OF CCPD AMMUNITION, AMENDING THE FY 05-06 OPERATING
BUDGET ADOPTED BY ORDINANCE 026385 BY INCREASING
APPROPRIA nONS BY $21,825; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $21,825 of revenue from the sale of obsolete CCPD weapons be
appropriated in the No. 1020 General Fund for the purpose of purchasing CCPD
ammunition, that the FY 05-06 Operating Budget adopted by Ordinance 026385 be
amended by increasing appropriations by $21,825; and that an emergency is dec1ared
due to the need for immediate action for efficient and effective administration of City
affairs
SECTION 2. That upon written request of the Mayor or five Council Members, the
City Council (1) finds and declares an emergency due to the need for immediate
action for the efficient and effective administration of City affairs; and, (2) suspends
that Charter rule which requires an ordinance to be considered and voted upon at two
regular meetings, so that this ordinance is passed and takes effect as an emergency
measure upon its first reading on this the 11 th of April, 2006.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved as to form I'VE; I ( , 2006
Joseph ~ /-h1
Assistant City Attorney
For City Attorney
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the attached ordinance, an
emergency exists requiring suspension of that Charter rule which requires an
ordinance to be considered and voted upon at two regular meetings. Therefore, l!we
request that you suspend said Charter rule and finally pass this ordinance on the date
of its introduction, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
6
CITY COUNCIL
AGENDA MEMORANDUM
April 11, 2006
AGENDA ITEM:
A. Molion authorizing the City Manager or his designee to procure SafetyPAD an automated patient
tracking software application from Open Inc of Saint Paul, MN in an amount not to exceed
$112 58301 SafetyPad is an automated patient tracking system specifically designed for use by
EMSn the field Not only will this purchase Improve the operations of EMS it will simultaneously
serve to meet new FEMA initiatives as well. This item falls under the public safety exception to
cmnpetitive bidding requirements
B. Motion authoriZing the City Manager or his designee to procure sixteen Toughbook tablet PCs
from Insight Enterprises lnc, of Tempe, AZ In an amount not to exceed $57,664.00. These
tablet PCs are specifically designed for use by the EMS technicians and will be used with
Satety'Pad an automated patient tracking system. to meet new FEMA initiatives. Insight
Enterorises Ine IS an approved Texas Catalogue Information Systems vendor.
ISSUE urrently, pallen summarle~ (lIe manually entered into an access database in order to
generate mandatory state reports whereby providing limited reporting capabilities from a patient or
disaster perspective. Per recommendations made by TriData, the Fire Department has been
actively pursuing options tJ improve effiCiency through automation while hurricanes Katrina and Rita
also substantiated the need for automated patient tracking systems nationwide. This software will
allow EMS to enter and track patient data electronically from the field and will allow for electronic
transmls~.ion of patient in'ormatiorl for state mandated reports. Furthermore, it will improve the
efficiency of EMS by provljing fleXible reporting tools that will allow the users to customize reports
as necessary
REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000.
PREVIOUS COUNCIL ACTION: None
FUNDING: The totai cost of $170.24701 will be funded from through the MMRS Grant. Funding for
future year maintenance :osts of approximately $26.574.43 will be identified during the budget
process
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented
C.f",~{V~
-_.__..._-------~~---- ------
Ogilvie F. Gericke
Director of MIS
~1/\ I, _ ./
. i~1l1 J, WV
Richard Hooks
Acting Fire Chief
Attachments.
SafetyPad - Corpus Christi Quote
Insight Quote - CorpusChristiFD
Protection Plus Panasonic Warranty
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Customer Quote
Corpus Christi Fire Department
Julius Cavasos
361-815-2608-cell
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Quote #
Date
CorpusC'mstlFD
2/1 bi2U()6
I
I
L____
Validity Period
30 Days
Sales Rep: Brett Hawkins
972.283.6067
Part.
Qty
Description
Unit
Total
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Fentium M 753 12GHzULV(Cenlllno), 10.4"XGA with Digitizer, 60GB,
512MB, S02.11a/b/g, WIN XP Tablet 2005, Backlit keyboard, Dual
pass throuqh Includes CF-SVCLTNF3Y Toughbook Protection
Plus 3yr no fault warranty
3,604.00
$57,....80
SHIPPING
~REE UPS GROUND SHIPPING
MAKING IT EASIER FOR YOU
- PUBLIC SECTOR -
I Please contact me with any further questions you may I
I have, or if you wish to place an ordel i
I
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Insight Global Finance has a wide variety of flexible
financing options and technology refresh solutions. Contact
your Insight representative for an innovative approach to
maximizing your technology and developing a strategy to
manage your financial options.
i Sincerely,
i Ken Richter
1800-467-4448 X5656
1480-760-8732 fax
I KRICHTER@INSIGHT.COM
,!~mpe, AZ 8528~_ ___ _ n __ ___.__ ___
hUp:/ lips.lnslght.com
Page 1 of 3
Texas CISV #
136 394 900 0500
1:1S1ght
<., ;:',.1815
$; crOR
Customer Quote
Corpus Christi F ire Department
Julius Cavasos
361-815-2608-cell
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http://ips.insight.com
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Quote # ComllsChristlFD
Date 2/16/2006
Validity Period
30 Days
Sales Rep: Brett Hawkins
972.283.6067
Texas ClSV #
136 394 900 0500
Custemer Quote
[Corpus Christi Fire Department
Julius Cavasos
361-815-2608-cell
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Quote #
Date
COflT'ISCllIlst!FD
2/1bf/uub
Validity Period
30 Days
Sales Rep: Brett Hawkins
972.283.6067
Texas CISV #
136 394 900 0500
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.......... ._....;ql...J\.., _ it Vi $\,_"
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This warranty enhances the three-year Standard Warranty by
providing additional coverage
OvervIew
Panasonlc's PlOtectlon P'us IS designed to compliment the standard three-year
IW1Ited warrantv It provides an "Extra Protection" service that extends warranty
coverage to include damage that occurs due to accidental dropping, exposure
to environmental conditions, and other normally excluded Incidents that are not
coused by Inte nil Ofla I actions. All system compOflents, Including the LCD
sueen, are covered undel this program Which was deSigned to provide added
P,,)tectlon lor users trlat f "penence heav, trilVel or work 111 harsh environmental
c. "rMions
BUSiness Challenges & Issues
Laptops in the field are more susceptible to drops and spills
Laptops used uutSlr'R the office 'Fe expospd more, ,tten Ie hazardous
environments
Out-olWarranty repair costs can slow down the return oj the unit and also
be very expensive
Customers want to educe the time associated Wln, repairs and expedite
service bv elimnatll J the hasslf's of dea'ing withwarralty and ollt-of
warranty ISSUe"
Service Description
T'lls service prOVides customers With added peace of nlilld It covers all repairs
that result from an accident during regula. use Items not covered include
damage from intentional acts, fire, loss, theft. normal wear (cosmetic) not
affecting functionality. imDroper maintenance. modificotion by anyone other
than a Panasonic Factor. Service Center or authorized Panasonic Service
P'o'lIder or damage that IS attributable to acts of God Protection Plus must be
p,Jrchased as part of the original sale from a Panasonic representative. All
s"stem components, including LCD, are covered under the program. External
deVices are covered at an additional cost A complete list of the model and
senal numbers IS required to be supplied to Panasonlc before any service can
be rendered Under this service, if repairing a unit is impossible Panasonic will
'"place the unit will- a m,del of equal or (Jrealer value
Service Procedures
If there IS an aCCident and one uf your roughbooks IS damaged. contact
the Panasonlc tech'Hcal suppon hotline at 1-800-l.A.PTOP5
For service under thiS contract, customers must pruvlde the Panasonlc
Representative wiH company name and the UOlt senal number
The warranty Information will be verified by the Panasonlc Representative
and the customer Will be given Instructions on the process for obtaining
service and shlPPlfl1d information
All units repaired under the Protection Plus Warranty also receive shipping
to and from the Pan;1sonic Natirmal Service Center IPNSC) at no cost
Maximum Benefit
f'ilnasonic reserves the 'Ight to Impose a maXimum benefif that will be awarded
,F'der thiS contract The maximum benefit Will be limited to one major failure
f'" unit pH year (l:::O. 'eyboard. hard drive and motherboard)
[T(Q)lUKGl IMI IE3(Q)(Q)~]
PtiClf1g Inforrnatlofl
-, 'ji' priCing is :.-Hd nly "..nen plif"ch,:::_;erJls ''iFt ()f thr: 'r!~Jwlal T(lUghbooh sale
Snuuld loughbook ,'rotEctiof1 Plus be requested after the purchase of the
'g'nal,HlI!S PaniY,Onl( .viII re\/lew f,ach request on a bv (:ase basis If
'POl!PS' 1':';,1 r;pnecj-t1€ fJr\CF l''-,Lbjcct~, nange
! SKU
I-
'l CF-SVCLTNF"Y
---- ----_.. .~
CF-SVCLTNF;'Y
-CF-SVCLTNF3Y
f--.-- -- --
~ CF-SVCL TNF4Y
i C F-~,vCLTNP.,Y
Description
One Year Protecllon Plus Warranty
----- --- - --- ----
Two Year Protection Plus Warranty
~____ __~____ ____n_____ __
Three Year Protection Plus Warranty
_n "~ ..___,'___.__._.'0._...___
Four Year Protection Plus Warranty
----"-'-'---- -~"'-'.' ---- --
Five Ye.lf Protection Plus Warranty
SRP
$110 ea
$170 ea
$250 ea
-~---
$620 ea.'.
$840ea ..
Che pnclI!g 1"" fOGI ann five year l JughbOOk Prolectlo', Plus Warranlles also
;,eludes an "dd't::,na' ,ne or twe ear eXTenSion of Ih>' Standard Warranty
Panasonic
II
7
AGENDA MEMORANDUM
April 11 , 2006
SUBJECT: Water Department Buildings - Condition Survey
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute an architectural services
contract with Chuck Anastos Associates, Inc., of Corpus Christi, Texas in the amount of
$30,000.00 for a total contract amount of $30,000.00 for the Water Department Buildings
Architectural Condition Survey Phase 2 (FY2005-2006).
ISSUE: Phase 2 continues the condition assessment of buildings and facilities that were not
completed as part of the Phase 1 study. Eighteen buildings and facilities that were not
Included In the Phase 1 assessment need to be addressed to ensure major maintenance is
properly prioritized and sceduled.
FUNDING: Funding is available from the FY2005-2006 Water Department Budget.
RECOMMENDATION: Approval of the motion as presented.
r
-JrI !of::;l~ fls;lo~
Director of Engineering Services
Attachments
Exhibit A Background
Exhibit B Summary of Contract
Page 1 of 1
H :\HOME\K EVINS\GENIW A TER\2006BU ILDI NGS IAE MEMO. DOC
BACKGROUND INFORMATION
SUBJECT: Water Department Building Condition Survey (Project No. 8531)
ADDITIONAL INFORMATION:
The Water Department with Facility Management initiated a program to improve building
maintenance. The first phase of the program was to conduct a building condition
survey. Phase involved some 59 buildings and facilities that were located primarily at
O. N. Stevens Water Treatment plant and other locations in the City limits. The survey
IS designed to identify and prioritize building maintenance for the Department's
buildings
Phase 2 continues the condition assessment of buildings and facilities that were not
Included as part of the Phase 1 study. Phase 2 will address eighteen buildings and
facilities Fourteen of the locations are outside the City limits including Wesley Seale
Dam, Choke Canyon Dam, the Mary Rhodes Pipeline (Bloomington and Woodsboro)
and Kleberg County (P R. 22). The locations of the buildings and facilities are:
· Wesley Seale Dam - seven (7) buildings;
· Choke Canyon Dam - two (2) buildings;
· Mary Rhodes Pipeline - two (2) pump stations & two (2) storage tanks;
· Park Road 22 - one (1) MIOX re-chlorination unit;
· South Staples Pumping Plant - one (1) building and one (1) storage tank;
· North Navigation Pumping Plant - number of buildings and facilities to be
determined; and
Old Padre Island Pumping Plant - number of buildings and facilities to be
determined.
CONTRACT DESCRIPTION:
A contract summary is attached. See Exhibit B
H :\HOME \KEVINSIGENIW A TER\2 006Bu ildi ngslAE Bkg ExhAdoc
AGREEMENT
for
Architect/Engineer Consultant Services
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 Chuck Anastos Associates, Inc. , a Texas corporation or partnership,
"CONSUL TANT" , acting through its duly authorized representative who is Chuck Anastos (Name),
President (Title), which agree as follows
1 . DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in
connection with City's project, described as follow: Water Department BuildinQs -Architectural
Condition Survey - Phase 2 - FY2005-2006 "PROJECT"
2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in
accordance with the accompanying Letter, Scope of Services and Fee attached as "Exhibit A".
3. INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify,
save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as
more fully set forth in Exhibit "C"
4. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in
accordance with Exhibit "A" Scope of Services and Fee under this AGREEMENT, a total fee not to
exceed ~30,OOO.00 (in figures), ( Thi Thousand and no/xx dollars) (in words).
CITY OF CORPUS CHRISTI
(SIGNATURE)
o4-~Clb
(Date)
P.O. Box 3883 - 468 Palmero
(Address)
Corpus Christi, TX 78404
(City, State, Zip)
361-884-4422 Fax: 361-884-4419
(Phone/FAX No.)
By.________
Ronald F. Massey
Assistant City Manager
By
(Date)
ATTEST:
(Date)
Legal Department
(Date)
Exhibit B
Operating Department (Date)
Funding Source: 530000-4010-30000
Project Number: 8531
Encumbrance Authorization.
~ i? 'I f:;!!fx
Page 1 of 1
(Revised January 2005)
iil
A R H i ~ - U R E
INTERIO" ESIGN
BO' 3883
CORPUS HRISTI
TEXAS 8463
9' S SlAPlES
CORPUS HRISTI
TEXAS 84C4
TEL 361 884-4422
FAX 361!884-44'9
HUCK ftnftSrOS
\ 'I \ I C I A. J t \, L t ..."
20 March 2006
Mr. 'Angel Escobar, PE
Director of Engineering Services
City Of Corpus Christi
PO Box 9277
Corpus Christi, TX 78469-9277
Re: Proposal for Water Department Buildings- Architectural Conditions Survey, Phase 2.
Dear Mr Escobar
Chuck Anastos Associates, LLC is pleased to submit this Proposal for the above referenced
City Project. The Project scope shall be as follows:
1 . The field survey of individual Water Department buildings located throughout the
City and neighboring communities. The visual survey shall include gathering
information on site paving; structural system; building envelope (including roof
system with City consultant); general interior finishes; HVAC system; plumbing
system; electrical system; and life safety system. Photographs will be taken of
each building. Please refer to Attachment #1- List of Specific Buildings, Phase 2.
2. We will determine if an asbestos abatement has been performed and if T AS I
ADA accessibility issues have been reviewed. There will be no detailed analysis
of any facility for T AS I ADA compliance or presence of hazardous materials.
3 Prepare a digital Building Evaluation Table for each building with color
photographs.
4 Transfer data into a digital Anticipated Capital Expenses report and estimate
current and future anticipated maintenance costs.
We propose to provide the following architectural services for each Phase of this Proiect:
1. Field Survey Phase:
· Field survey existing conditions at the listed building sites;
· Photograph the listed buildings to document existing conditions; and
· Meet with City staff as required.
2. Documentation Phase
.
· Prepare the digital Building Evaluation Table for the listed buildings;
· Prepare the digital Anticipated Capital Expense report and estimate
current and future anticipated maintenance costs for the listed buildings;
· Add text to Phase 1 and Phase 2 photographs;
City Proposal Page 1 - 3
Survey of Water Department Buildings, Phase 2
Exhibit B
· Have final document photocopied- three (3) sets, and
· Meet with City staff as required.
Clients' Responsibilities:
It is hereby agreed that the Client shall be responsible for the following:
The Client shall provide correct building names and addresses for each of the
buildings to be surveyed. Site plans for plants, if available shall be made available
for each water facility.
2 The Client shall make each building site available at the time of the scheduled
inspection. The Client shall furnish a letter authorizing Chuck Anastos
Associates, Inc to full access to all Water Department facilities necessary for the
timely completion of this work.
Compensation for the above-described services shall be as follows:
Phase 2- Compensation shall be a flat fee of Thirty Thousand Dollars
($30,000.00).
Distribution of fee shall be as follows:
1 Due midway through completion of Field Survey
Phase (35%)
2 Due upon completion of Field Survey Phase (35%)
3 Due upon completion of Documentation Phase (30%)
=$ 10,500.00
=$ 10,500.00
=$ 9,000.00
=$ 30,000.00
Total due upon completion (100%)
This fee includes full compensation for the above described architectural services required for
this Project. Printing of additional three sets will be billed at the direct printing cost.
We are prepared to commence this Project on 01 April 2006 and will have the Project
completed by 31 July 2006
STATEMENT OF CERTIFICATION:
The Texas Board of Architectural Examiners, PO Box 12337, Austin, Texas 78711-2337, Telephone
(512) 305-8530, has jurisdiction over individuals licensed under the Architect's Registration Law "The
Texas Board of Architectural Examiners, Texas Civil Statutes, Article 249a." The Texas Board of
Architectural Examiners has jurisdiction over complaints regarding the professional practices of
persons registered as architects in Texas.
City Proposal Page 2 - 3
Survey of Water Department Buildings
Exhibit B
ATTACHMENT #1 - LIST OF SPECIFIC BUILDINGS IN PHASE 2
Weslev Seal Dam:
1 Maintenance Building
2 Control Building
3 Tools / Equipment Storage Bldg
4 Equipment Storage Building
5 Equipment Storage Building
6 Office Operations Building
7 Equipment Storage Building
Choke Canyon Dam.
(address needed) 78368
(address needed) 78368
(address needed) 78383
(address needed) 78383
(address needed) 78383
(address needed) 78383
(address needed) 78383
1 Office/ Lab / Maintenance Building
2 House
(address needed) 78071
(address needed) 78071
Mary Rhodes Pioeline:
1 Bloomington Pump Station
2 Bloomington Storage Tank
3 Woodsboro Pump Station
4 Woodsboro Storage Tank
5 MIOX Re-chlorination Unit
(address needed) 77951
(address needed) 77951
(address needed) 78393
(address needed) 78393
Park Road 22 78418
Pump Stations:
1 South Staples Pump Station
2 South Staples Storage Tank
FM2224/ CR43 78413
FM2224 / CR43 78413
North Naviaation Pump Station:
1 Buildings to be determined
(address needed)
Padre Island Pump Station (old):
2 Buildings to be determined
(address needed)
NOTE: No elevated storage tanks, sedimentation basins, backwash storage tanks or raw water
receiving units are included in the scope of work Electrical panels at these locations will be checked
and photographed only.
City Proposal Page 3 - 3
Survey of Water Department Buildings
[ Exhibit B
8
AGENDA MEMORANDUM
City Council Action Date: April 11, 2006
SUBJECT: Oso Trunk Main Manhole Replacements (Project No. 7357)
AGENDA ITEM:
A. Ordinance appropriating $82,031 from the unappropriated interest earnings from
Wastewater CIP Fund 3430 for the Oso Trunk Main Manhole Replacement project;
amending capital budget adopted by Ordinance No. 026188 by increasing
appropriations by $82,031; and declaring an emergency.
B. Motion authorizing the City Manager or his designee to execute Amendment No. 12 to
the Contract for Professional Services with HDR Engineering, Inc. in the amount of
$82,031, for a total re-stated fee of $772,191, for the Sanitary Sewer Trunk Main
Rehabilitation Project for the Oso Trunk Main Manhole Replacements.
!JSUE: Manholes in the Oso Trunk Main area need to be replaced. Replacement is
necessary to maintain the integrity of the sanitary sewer system in the area and to comply
with state and federal environmental regulations. In order to proceed with the proposed
project, the bid documents need to be prepared.
The fee of the proposed Amendment No. 12 exceeds the minimum contract amount of
$25,000: and requires Council action
FUNDING: Funding is available from the FY2004-2005 Wastewater Capital Improvement
Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
VUtn 1~/~
~ Foster Cr well,
Director of Wastewater Services
--
~ ~.,(
AtI!ltional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:\USERS2\HOME\VELMAP\GENIWASTEWA TER\7143\AMENOMENT 12\AGENOA MEMO
AGENDA BACKGROUND INFORMATION
SUBJECT: Oso Trunk Main Manhole Replacements (Project No. 7357)
AMENDMENT NO. 12: The proposed Amendment No. 12 consists of engineering design
and bid document preparation for the replacement of six (6) manholes along the Oso Trunk
Main. Four (4) manholes are to be in the Base Bid and the other two (2) as separate
Additive Alternates.
Base Bid Manholes are located at:
1 Curtis Clark at Nelson (MH 7882)
2 Curtis Clark at Everhart (MH 7876)
3 Bonner at Everhart (East) (MH2281)
4 Bonner at Everhart (West) (MH 2280)
Additive Alternate Manholes are located at:
5 Curtis Clark at Staples (MH 8139)
6 Curtis Clark at Betty Jean (MH 7917)
The consultant will prepare bid documents to replace these manholes using the following
procedure: removing the existing manholes, installing four drilled shaft piers through the
underlying sand layer to a lower clay layer (if needed), constructing a 10' x10' concrete
base, and installing a new fiberglass manhole. The portions of the lines adjacent to these
manholes that have settled will also be replaced to the proper grade. The work on the
manholes will require extensive bypass pumping and traffic control plans. The consultant's
preliminary estimate of the construction costs to be in the range of $2 - $2.25 Million. Bya
separate contract a CCTV contractor must be retained to provide needed information to the
Consultant.
CONTRACT SUMMARY/FEE: Contract Summary and fee are attached as Exhibit "B."
PROJECT BACKGROUND: The City's Wastewater Department has experienced a
number of cave-ins, blockages, and settlements on several sanitary sewer trunk mains
throughout the city over the years. The contract with HDR Engineering Inc. (approved on
March 28, 2000) was first initiated to address those issues in a variety of locations and
involved several different projects, some of which have already been constructed. They are
listed as follows:
. West Point/Greenwood Trunk Main Rehabilitation (Project No. 7143)
. Staples Street Trunk Main Rehabilitation (Project No. 7144)
. Omaha Street Trunk Line Rehabilitation (Project No. 7145)
· Antelope 24-inch Trunk Main Rehabilitation (Project No. 7175)
· Infiltration/lnflow Related Collection System Enhancement Program at South
Staples, Timbergate, Cimarron, Sycamore (Project No. 7182)
· Moore Plaza Line Sanitary Sewer Rehabilitation (Project No. 7251)
EXHIBIT "A"
Page 1 of 3
H\USERS2\HOMFNELMAP'GEN\WASTEWI' TER\7143\AMENDMENT NO 12\AGENDA BACKGROUND
· Allison WWTP Trunk Main Line "A" (MH 4975-MH 10921) and Line "B" (MH 10917-
MH 10916) (Project No. 7244)
. Greenwood Trunk Main System (Project No. 7292)
· IH-37, SH-286 Crosstown Expressway, SH-358 Padre Island Drive Cleaning and
Televising (Project No. 7304)
· Manhole Replacements - Old Brownsville Road 2005 (Project No. 7335)
· Freeway System Wastewater Cast Iron Pipe Line Rehabilitation FY 2005 [IH-37,
SH-286 Crosstown Expressway, SH-358 Padre Island Drive] (Project No. 7336)
PRIOR COUNCIL ACTION:
1. March 28, 2000 - Motion authorizing the City Manager, or his designee, to execute
an Engineering Services Agreement with HDR Engineering, Inc. for a total fee not to
exceed $396,574 for the Sanitary Sewer Trunk Main Rehabilitation as follows:
. West Point/Greenwood Trunk Main Rehabilitation
. Staples Street Trunk Main Rehabilitation
. Omaha Street Trunk Line Rehabilitation
. Antelope 24-lnch Trunk Main Rehabilitation
. Infiltration/Inflow Related Collection System Enhancement Program: South
Staples from Saratoga Boulevard to Timbergate; Timbergate from Staples
Street to Opengate; and Cimmaron Boulevard from Saratoga Boulevard to
south of Lipes Boulevard (M2000-096).
2. March 28, 2000 - Motion authorizing the City Manager, or his designee, to execute
an Agreement for Construction Materials Engineering Laboratory's Inspection and
Materials Testing Services with Trinity Engineering Testing Corporation for a total
fee not to exceed $21,800 for the Sanitary Sewer Trunk Main Rehabilitation
(M2000-097 ).
3. February 10, 2004 - Ordinance approving the FY2003-2004 Capital Budget in the
amount of $173,624,300 (Ordinance No. 025647).
4. March 23, 2004 - Ordinance appropriating $875,000 from the unappropriated
interest earnings from Wastewater 1999A CIP Fund 4243 (SRF) forthe Greenwood
Sanitary Sewer Trunk Main Cleaning project; amending capital budget adopted by
Ordinance No. 025647 by increasing appropriations by $875,000 (Ordinance No.
025671 ).
5. March 23, 2004 - Motion authorizing the City Manager or his designee to execute a
Construction Contract with Specialized Maintenance Services, Inc. of Pasadena,
Texas in the amount of $705,590 for the Greenwood Sanitary Sewer Trunk Main
Cleaning Project (Motion No. M2004-106).
6. December 21, 2004 - Motion authorizing the City Manager, or his designee, to
execute Change Order No. 3 to the construction contract with Specialized
Maintenance Services of Pasadena, Texas, for the Greenwood Sanitary Sewer
Trunk Main Cleaning Project in the amount of $74,875 for a total restated fee of
$818,146 for the rehabilitation of an existing 10-inch diameter cast iron sanitary
sewer line under S.H. 286 Crosstown Expressway at Segrest Street and an existing
1 a-inch diameter cast iron sanitary sewer line under IH-37 at Savage Lane.
7. February 22, 2005 - Motion authorizing the City Manager, or his designee, to
execute Amendment NO.8 to the Contract For Professional Services with HDR
EXHIBIT "A"
Page 2 of 3
.i\USERS"Hll,1E<VFl MA"'GEN.VVA,TE't, '~TER'I IL3\A~,ENDMEN' NO 12\AGENDA BACKGROUND
Engineering, Inc. in the amount of $184,436, fora total restated fee of $672,642, for
the Sanitary Sewer Trunk Main Rehabilitation Project for manhole replacements and
cast iron pipe rehabilitation (Motion No. M2005-062).
PRIOR ADMINISTRATIVE ACTION:
1. May 16, 2000 - Executed Amendment No. 1 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $14,412 for a total
restated fee of $410,986.
2. AUQust 7. 2001- Executed Amendment NO.2 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $7,110 for a total
restated fee of $418,096.
3. March 4,2002 - Executed Amendment NO.3 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $10,500 for a total
restated fee of $428,596.
4. March 6, 2002 - Executed Amendment NO.4 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $3,250 for a total
restated fee of $431 ,846.
5, April 10. 2003 - Executed Amendment NO.5 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,500 for a total
restated fee of $438,346.
6. September 5,2003 - Executed Amendment NO.6 with HDR Engineering, Inc. for
the Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,906 for a total
restated fee of $463,252.
7. March 29. 2004 - Executed Amendment NO.7 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $24,954 for a total
restated fee of $488,206.
8. July 8, 2004 - Executed Change Order No. 1 with Specialized Maintenance
Services. Inc of Pasadena, Texas in the amount of $14,000 for the Greenwood
Sanitary Sewer Trunk Main Cleaning Project.
9. November 9.2004 - Executed Change Order NO.2 with Specialized Maintenance
Services, Inc of Pasadena, Texas in the amount of $23,681 for the Greenwood
Sanitary Sewer Trunk Main Cleaning Project.
10. March 21,2005 - Executed Amendment NO.9 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $5,843 for a total
restated fee of $678,485.
11. June 9. 2005 - Executed Amendment NO.1 0 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $6,800 for a total
restated fee of $685,285.
12. January 19, 2006 - Executed Amendment No. 11 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $4,875 for a total
restated fee of $690,160.
FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project.
EXHIBIT "A"
Page 3 of 3
H:\VSERS2\HOME\VELMAP\GEN\WASTEW~TER\7143\AMFNDMENT NO 12\AGENDA BACKGROUND
CONTRACT SUMMARY
1. SCOPE OF PROJECT
050 Trunk Main Manhole Replacements (Project No. 7357)
Oso Trunk Main Manhole Replacements - The proposed Amendment No. 12 will
provide the engineering design and bid document preparation for the replacement of six
(6) manholes along the Oso Trunk Main. Four (4) manholes are to be in the Base Bid
and the other two (2) as separate Additive Alternates.
Base Bid Manholes are located at:
1 Curtis Clark at Nelson (MH 7882)
2 Curtis Clark at Everhart (MH 7876)
3 Bonner at Everhart (East) (MH2281)
4 Bonner at Everhart (West) (MH 2280)
Additive Alternate Manholes are located at:
5 Curtis Clark at Staples (MH 8139)
6 Curtis Clark at Betty Jean (MH 7917)
2. PROJECT SCHEDULE
PROPOSED PROJECT SCHEDULE
Wednesday April 12, 2006 Begin Design Phase
Friday May 26,2006 100% Submittal
Friday June 9, 2006 Final review
Friday June 16,2006 Final Submittal
Monday (2) June 19 & 26, 2006 Advertise for Bids
Wednesday June 28, 2006 Pre-Bid Conference
Wednesday July 5, 2006 Receive Bids
Monday August 22, 2006 Begin Construction
Weekday To be Determined Construction Completion
EXHIBIT "B"
Page 1 of 2
H:IUSERS?\HOME\VEL MAP\GEWIVAS fEW i\ TER\714 3IAMENDMEN1 NO 12\CONTRACT SUMMARY
3. FEES
! BASIC SERVICES' ---.
11. Prelimina Oesi n Phase
I 2. Design Phase
, 3. Bid Phase -------
1 4. Construction Phase
SUBTOTAL BASIC SERVICES
$0.00
42,775.00
9,704.00
17,552.00
70,031.00
ADDITIONAL SERVICES
9.~!deo Inspection.s
12,000.00
I TOTAL AUTHORIZED FEE
$82,031.00
EXHIBIT "B"
Page 2 of2
H-IUSERS2IHOMEWELMAP'GEN\WASTEW f..TER\7143\AMENDMENT NO 12\CONTRACT SUMMARY
'liE: .Mpro)eC' ,C0unClieX'Ilbl(S I'='X{] J5/ dwg
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LOCA TION MAP
NOT TO SCALE
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VICINITY MAP
NOT TO SCALE
CITY PROJECT No. 7357
EXHIBIT "C"
SANITARY SEWER TRUNK MAIN
REHABILlrA TION
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 04-05-2006
~
--
- -
- -
~
Ordinance
APPROPRIATING $82,031 FROM THE UNAPPROPRIATED
INTEREST EARNINGS FROM WASTEWATER CIP FUND 3430
FOR THE OSO TRUNK MAIN MANHOLE REPLACEMENT
PROJECT; AMENDING FY 2004-2005 CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 026188 BY INCREASING
APPROPRIATIONS BY $82,031; AND DECLARING AN
EMERGENCY
SECTION 1. Appropriating $82,031 from the unappropriated interest earnings
from Wastewater CIP Fund 3430 for the OSO Trunk Main Manhole
Replacement Project.
SECTION 2. Amending FY 2004-2005 Capital Budget adopted by Ordinance
No. 026188 by increasing appropriations by $82,031.
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 April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
fk--
APPROVED: April ~2006.
Henry Garrett
Mayor
J hn P. Burke, Jr.
enior Assistant City Atto y
For City Attorney
Corpus Christi, Texas
_..__ Day of__.
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: I/we, therefore, request
that you suspend said Charter rule and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfu lIy,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Ma rk Scott
9
AGENDA MEMORANDUM
April 11, 2006
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement for
half street construction with Mostaghasi Investment Trust, (Developer), in the
amount of $83,250.49 for the installation of street paving, curb, gutter and
sidewalk~and storm sewer public improvements to serve Cimarron Estates,
Subdivision, located south of Saratoga Boulevard and west of Cimarron
Boulevard, in accordance with the Platting Ordinance section IV-Required
Improvements, Subsection A.12. (c).
ISSUE: Mr. Nixon Welsh, P.E., with Bass and Welsh Engineering on behalf of Mostaghasi
Investment Trust, developer of Cimarron Estates subdivision, submitted deferment
agreement documentation to defer the construction of one-half of Dunbarton Oak Drive
adjacent to northern boundary of Cimarron Estates and one-half 72-inch RCP storm sewer
public improvements to serve said subdivision in accordance with the Platting Ordinance.
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a
deferment agreement with Mostaghasi Investment Trust, (Developer).
CONDITION: Developer must deposit a letter of credit or equally liquid negotiable security
with the City of Corpus Christi in the amount of 110% of the cost of the project, and comply
with all other requirements of the deferment agreement.
RECOMMENDATION: Staff recommends approval of the motion as presented.
lopment Services
Attachments:
Exhibit A Background Information
Exhibit B Location Map
Exhibit C Deferred Improvements
Exhibit D Cost Estimates
Exhibit E Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Cimarron Estates, located south of
Saratoga Boulevard and west of Cimarron Boulevard required the developer to construct
public improvements including the construction of one half of the future Dunbarton Oak
Drive, a 50-foot right-of-way, 40-feet, back-of-curb to back-of-curb street pavement, curbs,
gutters and sidewalks along the northern boundary of the subdivision and the construction
of one-half of a 72-inch RCP storm sewer line (Exhibit B).
Mr. Nixon Welsh, P. E., with Bass and Welsh Engineering on behalf of Mostaghasi
Investment Trust, owner and developer of Cimarron Estates Subdivision submitted
deferment agreement documentation to defer the construction of required public
improvements in accordance with the Platting Ordinance.
The Planning Commission on its February 23, 2005 meeting approved the plat for
Cimarron Estates Subdivision. On February 22,2006 Planning Commission recommended
the execution of the Deferment Agreement and found reasonable cause to delay the
requirement to construct required public improvements until the tract of land along the
north side of future Dunbarton Oak Drive is developed and required to participate in the
construction of said street and the tract of land to the east is developed and required to
participate in the construction of other half of the 72-inch RCP storm sewer line. The
deferment of said improvements will allow the Developer to expedite the recording of the
plat and obtain Building Permits.
The developer has deposited $83,250.49 check with the City of Corpus Christi, which is
110% of the estimated cost of constructing the required improvements (Exhibit C), in
compliance with the Platting Ordinance.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
EXHIBIT A
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EXHIBIT B
vValtefJdfrirl EXB-STR-STO pdi
Page 1
a. IUaARTDN OAk IRI'f'E I FUTURE 60' IIlIGJM'TOIf OAK DRI YE
( 40' lIB FlJTlR: STREEn
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EXHIBIT 'C' - CIMARRON ESTATES
STREET AND STORM SEWER
DEFERMENT AGREEMENT
l' = 100'
\
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8/t.SS .....0 lIELSH ENClNEfRINC;
CORPUS CHRIS'll TX
COIoP. NO' DCII-~-S'TO.owc:
JOB NO. DtD31
ICIolf. ,. - 1<lO'
~ SCALe SAME
PL01 DAlE. ';15/06
SHEET 1 OfF 1
EXHIBIT C
COST ESTIMATE
CIMARRON ESTATES
DEFERRED CONSTRUCTION
----..',.-
ITEM DESCRIPTlON QUANTITY UNIT UNIT PRICE AMOUNT
-_..._---------,-,-~.-
STREET ITEMS
-__..__.___.__. c_
1. 2" HMAC 1180 SY $8.50 10,030.00
_.._._.._.,-~ ~ ,
2 EXCAVATION ] LS 2,450.00 2,450.00
--~..-
3 8" CALlCHE BASE 1 ]80 SY 8.50 10,030.00
4 8" LIME ST ABILlZED SUBGRADE TO l' BC 740 SY 3.75 2,775.00
6 4" THICK REINFORCED CONCRETE WALK 2257 SF 2.80 6,3] 9.60
------ --
<. 6" CURB & GUITER 555 LF 10.50 5,827.50
,--,-," . >- .."'"----..-----.- -."^-----.--
>---l----- - --
---.~---- --- ---------- ----- SUB- TOTAL STREET ITEMS 537,432.10
-.- .-..--- - --'-----------
-- -. ----.-.- -'-^"'--"--
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
STORM SEWER ITEMS
] 72" RCP INCLUDING ALSO BACKFILL 157 LF $200.00 $31,400.00
, CRUSHED STONE EMBEDMENT FOR 72" RCF 157 LF 10.00 $1,570.00
-.-- f------ - ----
- --+-- SUB-TOTAL STORM SEWER ITEMS 532,970.00
-.--- ._~-_.._-,.- -.._. .....--.-- -.,-
j
--_.~- -i-- --- -,- -..."_.-._~.._~.__.,_.._--
-----t--- SUB-TOTAL $70.402.10
---"--"-"-""'~ 7.5% ENGINEERING
$5.280.]6
---------t---- - _._~.._-_.~.,-_._. ..'-.. '-'- --
-.----.--+--, --~-- SUB-TOTAL 575,682.26
- ---._. -"-.-"- -,," _. .'---.-..-..- --
,
-----+-- '--" -- --,--._- --,._~._-_. .'-. '-"'--"~-- ---- J 0% ADDITIONAL (CITY ORD.)
I 57,568.23
-"---r-- ...~.- -'--'-'-~""'--'-~
I------t. - . -.-.--...---.- ---....----....---.-.-
, TOTAL DEFERMENT 583,250.49
"-.....-..--+-. ...--..- ----~.__.,-~_._--- ____.0_ T
I---,--+-------~ '._._"._.__ __._m.,_ ._._. -- --_._-- "_"~-"'-"'-'
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EXHIBIT D
DEFERMENT AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This Agreement is entered into between the City of Corpus Christi, a Texas home rule
municipality, 1201 Leopard Street, Corpus Christi, Texas 78401 (hereinafter "City") and
Mostaghasi Investment Trust. 6333 Queen Jane Street, Corpus Christi, Texas 78414,
(hereinafter "Developer").
WHEREAS, Developer in compliance with the City's Platting Ordinance, has filed a plat
to develop a tract of land "Cimarron Estates" (herein called "Development");
WHEREAS, the plat of Cimarron Estates, Exhibit 1, approved by the Planning
Commission on February 23,2005 provides for the construction of one half of
Dunbarton Oak Drive and one-half of a 72-inch storm sewer public improvements;
WHEREAS, the Platting Ordinance, Section III, Paragraph H, Subparagraph 5, requires
Developer to construct seventy-five percent (75%) of the required on-site and off-site,
public improvements, including construction of street pavement and storm sewer,
Exhibit 2, prior to the time that the above said plat of the Development is filed for
record
WHEREAS, the Developer is seeking to have the plat filed immediately with the County
Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the
improvements required by Section III, Paragraph H, Subparagraph 5, of the Platting
Ordinance;
WHEREAS, the Developer has deposited the sum of Eighty-three Thousand Two
Hundred-fifty and 49/100 ($83,250.49) check, which is 110% of the estimated cost of
constructing the deferred improvements, as shown on the costs estimate, which is
attached hereto and incorporated herein as Exhibit 3, with the CITY OF CORPUS
CHRISTI;
WHEREAS, the City Attorney and Director of Finance have approved this transaction;
WHEREAS, the Developer has satisfied all other subdivision requirements, park
dedications, park dedication deferment agreements, and maintenance agreements and
all special covenants have been completed; and
WHEREAS, the Developer is entering into this Deferral Agreement as required by
Section IV-Required Improvements, Subsection A.12.(c) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
1 . The City agrees to waive the requirement that required improvements be
seventy-five percent (75%) complete before the final plat is endorsed by the
City's Director of Engineering and further agrees to allow the Developer to defer
the completion of the construction of the required improvements, including
construction of the of street pavement and storm sewer, as shown in Exhibit 2,
(hereinafter "deferred improvements"), until the City causes said improvements to
be constructed as a portion of an overall plan.
2. The Developer has deposited Eighty-three Thousand Two Hundred-fifty and
49/100 ($83,250.49) check, Exhibit 4, with the City of Corpus Christi, which is
110% of the estimated cost of constructing the deferred improvements, which is
attached and incorporated into this agreement.
3. The principal amount of Eighty-three Thousand Two Hundred-fifty and 49/100
($83,250.49)shall be placed by the City in an interest bearing account and the
total sum, both principal and interest, shall be made available to the City of
Corpus Christi solely for the construction of the deferred improvements
hereunder. Such funds shall not be used for any other purpose whatsoever.
4. The City agrees the sum of Eighty-three Thousand Two Hundred-fifty and 49/100
($83,250.49) cash, or 110% of the estimated cost of the deferred improvements
has been received by the City, and that the City's Director of Engineering
Services shall issue a "Final Letter of Acceptance" for Cimarron Estates to the
Developer once all other subdivision requirements have been approved and
accepted by the City of Corpus Christi.
Mostaahasi Investment Trust
6333 Queen Jane Street
Corpus Christi, Texas 78414
5. The City's Director of Engineering Services, at Developer's expense, shall file of
record this Deferment Agreement in the records of Nueces County.
6. No party may assign this Deferment Agreement or any rights hereunder with the
prior written approval of the other parties.
7. Unless otherwise stated herein, any notice required or permitted to be given
hereunder shall be in writing and may be given by personal delivery, by fax, or by
certified mail, and if given personally, by fax or by certified mail, shall be deemed
sufficiently given if addressed to the appropriate party at the address noted
opposite the signature of such party. Any party may, by notice to the other in
accord with the provisions of this paragraph, specify a different address or
addressee for notice purposes.
EXECUTED in triplicate this ,""",,, day of ~'--
George Mostaghasi
,2006.
Mostaghasi Investment Trust
("Developer")
6333 Queen Jane Street
Corpus Christi, Texas 78414
STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the .!if! day of ~~ ,
2006, b~ ~\I\.S\ , in the capacity herein stated and as the act and
deed of said entity.
N~UBLlCt;.rt OF TEXAS
C::::~UIeeT ~Q.~.
\d--
~mAg2~ r
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By:
ARMANDO CHAPA,
City Secretary
By:
GEORGE K. NOE
City Manager
THE STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the day of
. 2006, by GEORGE K. NOE, City Manager for the CITY OF
CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This '11t> day of A~n ,
By: [hit. ./~ctL
~mlth
Assistant City Attorney
,2006.
For the City Attorney
Deferment Agreement final.doc
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CL DUNBARTON OAK DRIVE
( .0' BB FUTURE STREET> -
10
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BASS AND WELSH ENGINEERING
CORPUS CHRISTI,' TX
COMPo NO: EXB-STR-STO.OWG
JOB NO. 04038
SCAlE. 1" = 100'
PLOT SCALE: SAME
PLOT DATE: 2/15/06
SHEEl 1 OF 1
{FUTURE 60' DUNBARTON OAK DRIVE
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J~!~IBIT "A" - CIt--1ARRON ESTATES
STREET AND STORM SEWER
--
DEFERMENT AGREEMENT
-----"
l' = 100'
\
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33' lDE
LOT ]
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COST ESTIMATE
CIMARRON ESTATES
DEFERRED CONSTRUCfION
-
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
STREET ITEMS
1. 2"HMAC 1180 SY $8.50 10,030.00
2. EXCAVATION 1 LS 2,450.00 2,450.00
3. 8" CALICHE BASE 1180 SY 8.50 10,030.00
4. 8" LIME STABILIZED SUBGRADE TO I' Be 740 SY 3.75 2,775.00
6 4" TIlICK REINFORCED CONCRETE WALK 2257 SF 2.80 6,3]9.60
5 6" CURB & GUITER 555 LF 10.50 5,827.50
C-' ..
-.---..-".-
SUB- TOTAL STREET ITEMS 537,432.10
"-'-"-"'~-"--'."--,,-- .-,
r-- -.-_.___0_ ,.
-.-.--..----------,.-.---.
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
STORM SEWER ITEMS
1. 72" RCP INCLUDING ALSO BACKFILL ]57 LF $200.00 $31,400.00
3. CRUSHED STONE EMBEDMENT FOR 72" ReF 157 LF 10.00 $1,570.00
r-- -_.
SUB-TOTAL STORM SEWER ITEMS 532,970.00
----
'_.'_. '-.,..,
SUB-TOTAL $70,402.10
____A_ -_._-'~._,..,_...,--."_._~-_..- 7.5% ENGINEERING $5:,280.16
-.-.-
SUB-TOTAL 575,682.26
- .
>...._._..~-'--_.,- ] OO/U ADDITIONAL (CITY ORD.'
--~-- --_._,~ - 57,568.23
--
TOTAL DEFERMENT S83,250.49
~'- -.-- - - ~.- -
---- -. - -----
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EXHIBIT 3
SUN-GEORGE CONTRACTING
3802 BROCKHAMPTON PH 361-765-'4422
CORPUS CHRISTI, TX 78414
88-214126 587 9
1149
0034000034
DATE 1-> of, "
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EXHIBIT, 4
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CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information Every question must be answered. If the question is not applicable, answer with -NA".
FIRM NAME. .(Iii;ero.~~~ ..HOS1".~,~.~.,...... ..... .... ........... ........... .............................. ............ ..............
STREET: ...'.3'J....~LlesH..J.6.H.e....S'I........ CITY: .~~~~I~~...~~~tH~I........... ZIP: J.,...t~.......
FIRM Is: Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0
5
Other 0
..........................................................................................
DISCLOSURE QUESTIONS
If additional space is necessary. please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3~o
or more of the ownership in the above named "firm".
Name Job Title and City Department (if known)
.~/A:::::::::::.::..::::::.::::::::::..:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
2. State the names of each "official" of the City of Corpus Christl ha,ving an "ownership Interesf' constituting 3%
or more of the ownership in the above named "firm".
Name Title
"N /A"
...............
........ .,........ ......................................................................
...................., ......................................................................
3 State the names of each .board member" of the City of Corpus Christi having an .ownership interesr constituting 3% or
more of the ownership in the above named "firm".
Name Board. Commission or Committee
'''' .. t{ I 'j..\"" ...................... ........................... ..... .......... ......... .................
............... ......... ........... .....................................................................
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership In the above named "firm".
Name Consultant
"7~
CERTIFICATE
....................................................................
.....................................................................
I certify that all information provided is, true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to, the City of
Corpus Christi, Te s as changes occur.
Certifying Person: " .. ..
....,. Title: ..OW.~..... ........................................
Date: ... .q~. ft,. ..~. r:!...'... ..........................
Signature of Certifying Person.
EXHIBIT 5
10
CITY COUNCIL
AGENDA MEMORANDUM
April 11, 2006
AGENDA ITEM: Ordinance abandoning and vacating 4,387.50-square feet, of a 15-foot
wide, utility easement out of Lots 8-10, and Lots 16-18, Block 191, Padre Island No.1
Subdivision; 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 new townhomes 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
.~OL
BA Holly, ~p
Director of . evelopment Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Padre Windward, L.P., IS requesting the abandonment and vacation of a 4,387.50-square
foot, 15-foot wide utility easement between Lots 8-10, Lots 16-18, Block 191, Padre Island
NO.1 Padre Windward, L.P" owns all said lots which embrace the portion of utility
easement proposed for abandonment and vacation. Padre Windward, LP, must close the
utility easement to accommodate the future development of Townhomes that will be
constructed over the utility easement. The easement to be abandoned and vacated is
located in Zone B-2A within the city limits of Corpus Christi.
All public and franchised utilities were contacted. AEP had no objections, but will seek
reimbursement if adjustments to their facilities become necessary. SBC had no objections,
but will seek reimbursement if adjustments to their facilities become necessary. None of
the other city departments or franchised utility companies had any facilities within the utility
easement. There were no objections regarding the proposed utility easement
abandonment.
Staff recommends payment of the fair market value of $11,630.00 for the abandonment
and vacation of a 4,387.50-square foot portion of the 15-foot wide utility easement. The
owner has been advised of and concurs with the conditions of the easement abandonment
and vacation.
EXHIBIT A
FROM SA Holly, AICP, Director of Development Services
DATE: March 27.2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: April 11 , 2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating 4,387.50-square feet, of a 15-foot wide, utility easement out of Lots 8-10,
and Lots 16-18, Block 191, Padre Island NO.1 Subdivision; subject to compliance with the specified
conditions: and declaring an emergency
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 42. Pages 4-5, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
Owner shall pay the fair market value of $11.630.00 for the abandonment and vacation of the
total 4.387. 50-square foot portion of the 15-foot wide utility easement.
2 Owner shall reimburse AEP if adjustments to their facilities become necessary.
31 Owner shall reimburse AT & T if adjustments to their facilities become necessary..
41 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:
~P. Director of Development Services
DATE: 3 6\ ole
APPROVED:
DATE
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 4,387.50-SQUARE FOOT PORTION
OF 15-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 8-10 AND
LOTS 16-18, BLOCK 191, PADRE ISLAND NO. 1 SUBDIVISION;
SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS;
AND DECLARING AN EMERGENCY.
WHEREAS, there is a 4,387.50-square foot portion of the 15-foot wide utility easement
out of Lots 8-10 and Lots 16-18, Block 191, Padre Island NO.1 Subdivision, that Padre
Windward, L.P., a Texas Limited Partnership, is requesting to have abandoned and
vacated as a utility easement to accommodate the future develop of townhomes to be
constructed over the easement; 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 4,387.50-square foot portion of the 15-foot wide utility easement
out of Lots 8-10 and Lots 16-18, Block 191, Padre Island NO.1 Subdivision, the plat
thereof is recorded in Vol. 42, Pages 4-5 of the Map Records of Nueces County, Texas,
is abandoned and vacated for public use as a utility easement (described on attachment
hereto), subject to Padre Windward, L.P.'s, compliance with the following specified
conditions as part of the abandonment and vacation:
1 Owner shall pay the fair market value of $11,630.00 for the abandonment
and vacation of the 4,387.50-square foot portion of the 15-foot wide utility
easement
2 Owner shall reimburse AEP if adjustments to their facilities become
necessary .
3'1 Owner shall reimburse AT&T 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
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/agendal200h!04.IIISPI easement abandon
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 11th day of April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor, City of Corpus Christi
APPROVED: April 6, 2006.
~dL
Gary . Smith
Assistant City Attorney
For City Attorney
H:Leg ganws!agenda' 2006/0-+-]] is?] ,'asement abandon
Corpus Christi, Texas
~__ day of ___ __' 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H:Leg/garyws/agenda/2006/04-IIiSPI easement abandon
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DISTANCE
15.00'
15.00'
WhitecaD Boulevard UNE BEARING
(1~)' R.O.W.)
~ ~ 0 D2 1io L1 N01.17'27"E
~ "II " 1 L2 S01.17'27'W
GRAPHJC $CALE
1-60
Map to Accompany /.IIU R BAN" MTE: .~. 3,,2008
f1EUJNOT[S for tM closure of a 15.00 foot .. utility SCALE: 1 -60
~f Iot;(Md along thfJ common boundary of Lots EN GIN E E R I N G JOB ~.: 39422.A5.01
8-10, and 16-18, BlocK 191, Padre IsIand-(;orpus 2725 S/IIIKfNER, CORPUS CI#IISTl. 1lXAS 7B4(H SHEET'~ 1 OF 1
Chri$ti 5<<tion 4, a map of which is recorded in Volume '-= (J61)854-J101 Fax: (J61/854-6001 ../ DRAWN BY: sa
"'2, I'ogfIs 4-5. Mtlp RecorrJs of NWCtIS Coun(y, Texas.
11
CITY COUNCIL
AGENDA MEMORANDUM
March 28, 2006
AGENDA ITEM:
a. Public heanng to consider abandoning and vacating a 133.0 1-square toot portion ot the Oso
Parkway public right-ot-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 teet south ot Lens Drive.
b Ordinance abandoning and vacating a 133.01-square toot portion ofthe Oso Parkway public
right-ot-way, out ot 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-ot-way,
approximately 520 feet south of Lens Drive: subject to compliance with the specified
conditions.
ISSUE: Urban Engineering, on behalt of the owner, King's Crossing Realty, is requesting the
abandonment and vacation of the dedicated public right-of-way to allow tor the future development
of a residential subdivision.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate
any portion ot street rights-ot-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 Intormation
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:
B.A. 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
t, 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
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,
elim inates 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: '3 Z30Co
Approved
Date:
h .\genlag04\slr-clo\Oso-ParkwayORD
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 feet south of Lens Drive, that King's Crossing Realty is requesting to have
abandoned and vacated as a street right-of-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 of 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 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, (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-of-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-of-way of greater value related to King's
Crossing Unit 21 subdivision. to off-set this abandonment and vacation of
public right-of-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/gar: ws/agenda 200/1/03 28/0soParhvayabandon
That the foregoing ordinance was read for the first time and passed to its second
reading on this the ~ ~ day of /V\~
, 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__ __
, 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
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved: March 22, 2006
By: ~ ttt~)
W. Smith
Assistant City Attorney
For City Attorney
H:Leg/ garvws/ agenda/2006/0 3 -28/0soParkwa yabandon
t:J~
*,~1:..~.:4lII;1~..A ,,~-";~"':li ...~_~
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Hi 61, V 141-14.1,)I6p f
RecorrJ6 t CDutft T_ /
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Lot 17, S<<:tion 9 I /
f10tr iJIIIIf and EidKi Farm and I /'
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~ Plat of
tGlg. CtfJIfIIing lAf t, PI-. 1
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RecorrJ6 of MItIi:tI6 ~ r..
Lo t 20
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PROPOSED PORTION OF
OSO PARKWA Y TO BE CLOSED
0.003 ACRES I
(133.01 SQ. FT.) I
,
I
Oso Parkway I
------ - ~--~
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FIfIfIIJ/uIf tIIId Fnt:ind Farm tIIId
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Map to Accompany
REI.JJNOTES for fJH1 8tfHt closure of a portion
of Oso Parkway (not basfJd on an
on-thtt-ground WMIy) as 8ho"" on the
recorded plot of KiIfI:SO ero.ing Gorden Homes
and Lots 16-20. BItICk J8, Kings Crossing Unit
1 Ph<18e I, a mtIp of which is record<<! in
VoIUII'7e 61, Pog. 141-14J. Map Records of
NlMCe$ County. r....
DATE: ~ber 28, 2005
SCALE: 1 -20'
JOB NO.: 20354.A5.01
SHEET: 1 of 2
DRAWN BY: SM
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STREET CLOSURE
PORTION OF 050 PARKWAY
12
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.lla
That the foregoing ordinance was read for the first time and passed to its second
reading on this the~""day of _ ()\ ()/'IcJ--. ,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
APPROVED AND PASSED on this
day of
,2006
ATTEST
Armando Chapa, City Secretary
Henry Garrett, Mayor
/ 7 . 2006
By:
J n P. Burke, Jr.
enior Assistant City Attorney
ORD leaSt' Wllh NWS.lla
13
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.
{) L ( ytt ( (! Ct /1-1'
Susan Cable
Director, E-Government Services
"'Documents and Settin~\User\M) Documents\cable commissionlMarch 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 channei
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
Christl
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 .A.ccess Changes draft Marcn 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.
S 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, Super VHS
tapes, ef 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 Marc" 21 2006 DOC
4
b. Producer's telephone number
c. Length of program
tMj. 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 Llser 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.
8:--------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, tAGse producers of weekly
proarams 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 2006DOC
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 prod ucer 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 Ace.," Changes draft rAarc 21 2006 JOe
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 n A period beginning April and October of each
year, durrng 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 Acces, Changes draft Marcr 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.
S 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 10. 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 access user group
'NiII inform the producer who produced the program that is the subject of the complaint
of the specific Section 1 rule that h::ls been violatod and of the compl::lining p::lrty's namo
and contact inform::ltion, if a complaint has been received from an individual 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 sh::lll be sent to both
the individual producer and the group, org::lnization or entity 't.'hich an entity purports to
represent, if there is a diff€ront contact 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 secretary'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 Cable Communications Commission shall hold the hearing for appeal at the next
regularly scheduled meeting within thirty (30) calend~u 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 the he::lring, 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) calendaf
days telephone notice of the hearinq, The access user group, the city, and the
appellant may present evidence. The Cable Communications Commission shall
promptly fendef 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 .A.ccess Changes ,jraft 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 (31 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 Acce~s 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 Marr-h 212006 DOC
That the foregoing ~ance w. a~the first time and passed to its second
reading on this the . day of ,2006, by the following vote:
Melody Cooper
Mark Scott
~
~
~
Henry Garrett
~
-~~-
01-
ctt-
Jerry Garcia CLt t
That the foregoing ordinance was read for the second time and passed finally on this
the ____ day of __ _,2006, by the following vote:
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E Marez
Jesse Noyola
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:
..6Y\ ,~;L., ~>
,2006
'i~.>-< ~
Lisa Aguilar
Assistant City Attorney
for City Attorney
14
.\(;ENDA MEMORANDlJM
PUBLIC HEARING - ZONING lClt) (ouncil ActIOn Date: 4111/(6)
Case No. 0206-07-Mark D. Stockseth: :\ zomng change from a "R-l B" One-family Dwelling District to a
"RE" Residential Estate [)Istnct The property bemg 26.733 acres, consisting ofa portion of Lots 1,2 and 3,
SectIOn 36, flour Blutf & Encinal Fall11 & Garden Tracts. located on the west side of Roscher Road and south
of Rall1tleld Road
Plannill1?: Commission and Staff's Recommendation (3/8/06): Approval of a "RE" Residential Estate
DistrIct
Requested Council Action: Approval of a "RE" ReSIdentIal Estate District.
Purpose of Request Develop a gated smgle-family reSIdentIal subdiVIsion with private roads.
Summarv;
· Request: The appt Icant IS requestmg a "RE" Residential Estate District to allow for lots with an
area of 1 acre or more for s1l1gle family residential development and to request exception from
curbs. gutters and sIdewalks through a future pIaL
· l:xisting Land USt: The suhject property is primarily vacant land with scattered sites of single
family residenc'.~s.
· Density: The requested "RE" ReSidential Estate DistrIct allows for a minimum lot area of
43,560 square feet ] acre) WIth a mmimum lot width of 50 feet and a front yard setback of
50 feet
· \\ ithin the Plattmg Ordinance, Jots 111 "RE" Distnct may be exempted from curbs, gutters and
sidewalks Insuffic lent drainage IS an issue 111 the Flour Bluff area. The "RE" District would
provide an JVenue n requesting such exemptions
. Transportation;
· Ramfield Road is proposed 111 the Urban TransportatIOn Plan as a two lane collector with a
capacity of 650 trips per day
· Roscher Road IS proposed m the l Jrban Transportation Plan as a two lane collector with a
capacity of 650 trips per day
Aoolicant's Position: [he apphcant is 111 agreement WIth recommendation.
\genda \1cll1orandum
i~:asc No 02()(,-07 (Mark ,) '.;tod:icth)
Page 2
Notification: Of the eIghteen (18) notices mailed to the surrounding property owners, one (1) was
returned III favor and zero (0) was returned In opposition The 20% rule is not invoked. This case is
considered noncontroversial.
A;J~ N
Michael N. Gunning, AICP
Assistant Director of Development Services
MGiF< ;~1/als
Attachments:
I) Zoning Report
2) Planning CommissIon Minutes (3/8/06)
1) Ordinance
H\PLN-D I R \S HARED\Gal1\ WO RD\A GEN D MEM\2006\F cbruary\0206-07 ,A, (; END AM EM 0 .doc
CITY COUNCIL
ZONING REPORT
Case No.. 0206-07
Planning Commission Hearing Date f\1arch 8. 2006
"; Applicant: Mark D. Stock seth
bIJ Owner: Same
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~ -.E Agent: Same
.....S- Legal Description/Location: Being 26.733 acres, consisting of a portion of Lots 1, 2 and
; b 3, Section 36, Flour Bluff & Encinal Farm & Garden Tracts, located on the west side of
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=a Q Roscher Road and south of Ramfield Road
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To "RF" Residential Estate District
Area 26.'33
Purpose of Request. Develop a gated single- family residential subdivision with private
roads
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Existing Land Use Future Land Use
Vacant, single family Low-density residential
residential
Single family residential Residential Estate
I
-DJndeVeloped land Low-density residential
-j---
Undeveloped land and Low-density residential
i single family residential and Residential Estate
ct
--_._~.__._._.._------,._--
i Cayo del Oso Cayo del Oso
--------.In_ ------.--------
Zoning
,---- f------
Site I "R-IB" One-family
__ I Dwelling Distric~_. .
North I"RE" Residential Estate
I District
.._.,_...._,.~--- ---_.,- --._.' ---
South! "R-l B" One-family
--'-1 Dwelling Distric~
East "R-l B" One-family
i Dwelling District, "RE"
____~ ResIdential Estate Di~tl"~
West "R-l B" One-family
11 Dwelling District
-- _.. .-. ---- .~~
~ = Area Development Plan: Flour Bluff The requested Residential Estate District is
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::E ~ consistent with the land use map.
~ ~ap: 039029
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~;;> Zoning Violations: None
..(
LOlling Report
Case Nu 11206-07, Mark!) S;ockseth)
Page 2
· Request: The applicant is requesting a "RE" Residential Estate District to allow
for lots with an area of I acre or more for single family residential development
and to rl~quest exception from curbs, gutters and sidewalks through a future plat.
· Existing Land Use: The subject property is primarily vacant land with scattered
sites of single family residences.
· Densit): The requested "RE" Residential Estate District allows for a minimum
i:' lot area of 43,560 square feet (1 acre) with a minimum lot width of 50 feet and a
a front yard setback of 50 feet.
a
=
rJ) · Within the Platting Ordinance, lots in "RE" District may be exempted from curbs,
b gutters and sidewalks. Insufficient drainage is an issue in the Flour Bluff area.
~ The "RF" District would provide an avenue in requesting such exemptions.
rJ)
.
Transportation:
.
Ramfield Road is proposed in the Urban Transportation Plan as a two lane
collector with a capacity of 650 trips per day.
.
Rosche! Road IS proposed in the Urban Transportation Plan as a two lane
collector with a capacity of 650 trips per day.
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Street -1-- - Tvpe
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Ra~-1fieldRoad------- -t C~]~----
.-. --- ------- ------- -}'-- _...
Roscher Road Collector
-~- -.--.-,....--.,. ",--' ~--_._..__._- ---- .. .._,-- ----.---.-.-----
Paved Section Volume
(2001)
60' R.O.W. wi 40' Bk. to Not available
bk. Pavement
60' R.O.W. wi 40' Bk. to 470 a.d.t.
-- .!?k. pavement
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Planning Commission Action: Planning Commission approved the Unit I preliminary
plat on January 25,2006
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· Developer agrees to private maintenance of street, drainage and installation of
public water and wastewater lines.
· Developer also agrees to not obstruct and to include space for conveyance of
drainage runoff from area east of Roscher Road per Drainage Master Plan.
I!:\PLN-J llR SHAREDJiall'W(IRD /ONRPTS\2006\FeoruaryICC0206-07 _REPORT rev 2 doc
Zomng Report
Case No 0206-07 (Mark n S'ockseth)
Page 3
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The applicant proposes development of a large lot, gated subdivision with private streets.
Private streets are held to the same standard as public streets. The "RE" Districts allows
the rural street'ross-section Oso Bay Ranch Estates Unit 1 final plat will have to
complv \\ith th_' "RF" loning. If approved by City Council.
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Approval of "R E" Residential Estate District.
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Approval of "R E" Residential Estate District.
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Number of Notices Mailed
Favor 1
Opposition: 0
(As of March 24,2006)
18
Attachment: Zoning Map
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rtment House
A. A Apa House Oislnc'
A. Apartment . ,
Al Apartment,"ourisl Ol~trtl.',
Professionai Office Dlstrl(
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od Business District
B.1 Neighborho d Business District
B-1 A Neighborhoo Business District
Barrie! Island
8.2" usi....ss District .
8.2 Bayfronl B. Design Distncl
eo Corpus Christl Beach
8.3 Busi"'5S District
. .55 District
B.... General Busan
Busin.5~ District
8-5 Primary . 55 Core Ois.rict
6-6 primaryaU5lntt. istrict
Limited Industna I 0
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
'Wednesday - February 22. 2006
a 02()6-07
Mark D. Stockseth From "R-l B" One-Family Dwelling District to a "RE"
Residential Estate District
Bemg 26,733 acres out ofa portion of Lots 1,2 and 3, Section 36 of Flour Bluff
& Encinal Farm & (Jarden Tracts located northwest of Roscher Road and
Ramfield Road
Faryce Goode-Macon stated that a request from the applicant had been received to table the
above case to the March 8, 2006 Planning Commission meeting,
Motion to table the above case to the March 8, 2006 Planning Commission meeting was made by
Vice-Chairman Garza and seconded by Commissioner Braselton. Motion passed unanimously with
COnUTIlSSlOners Salazar and Zamora being absent.
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - March 8, 2006
a 0206-0'
Mark D Stockseth: From "R-IB" One-family Dwelling District to a "RE" Residential
f:state Distr~_ ____
Being 26.733 acres, consisting of a portion of Lots I, 2 and 3, Section 36, Flour Bluff &
Encmal Farm & Garden Tracts, located on the west side of Roscher Road and south of
Ramfield Road.
MIchael Gunnmg stated that the above case had been tabled from the February 22, 2006 Planning
Commlss!on meeting to provide time for the applicant to work on additional plat items and reach an
agreement of mamtenance lor the surroundmg infrastructure. The request is for a "RE" Residential Estate
District for the purpose of development of a gated subdivision at the subject property being located on
Roscher and Ramtield Road. The surrounding area includes primarily undeveloped land and single
famIly resIdential property The streets WIll be private WIth no curb and gutters. The applicant will
maintam streets and dramage and has a!:,rreed to the installation of sanitary sewer until the permanent
sewer IS tapped into
Staff ongmally recommended demal of thiS request but after meetings with the applicant, Staff now
recommends approval due 1() the agreement regarding street maintenance and infrastructure.
Public heanng was opened.
1 here was no one in favor or oppositIOn.
Public heanng was closed.
f\lotion tor approval was made hy Vice-Chairman Garza and seconded by Commissioner
Martinez Motion passed unanimously with Commissioner Skrobarzyk being absent.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY MARK D. STOCKSETH, BY CHANGING THE ZONING MAP IN
REFERENCE TO 26.733 ACRES, CONSISTING OF A PORTION OF
LOTS 1, 2 AND 3, SECTION 36, FLOUR BLUFF & ENCINAL FARM &
GARDEN TRACTS, FROM "R-1 B" ONE-FAMILY DWELLING DISTRICT
TO "RE" RESIDENTIAL ESTATE 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 Mark D. Stockseth 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,
March 8, 2006, during a meeting of the Planning Commission, and on Tuesday, April
11, 2006 during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Chnsti, 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 26.733 acres, consisting of a portion of Lots 1, 2
and 3, Section 36, Flour Bluff & Encinal Farm & Garden Tracts, located on the west side
of Roscher Road and south of Ramfield Road, from "R-1 B" One-family Dwelling District
to "RE" Residential Estate District. (Map 039029) (Exhibit)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
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 4
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 11 th day of April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED AprilS, 2006.
~ oJmtl...,
ary . Smith
Assistant City Attorney
For City Attorney
H:\LEG-DIR\garywslgarywslagendaI2006104-11\0206-07RegularZoning Mark D Stockseth.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:\LEG-DIRIgaryws\garyws\agenda\2006\04-1110206-07RegularZoning Mark D Slockselh.doc
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NI)[ON M. WELSH, P.IL., R.P.L..S.
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PH. 3et 882-..11
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BASS & WELSH ENGINEERING
p.o. 80x 6387
COIIPUS CHIUST1, Tp;,tAS 784&6-839'7
RE ZONING
Dectmber 19,2005
OQ192M&B
State of Texas
~
County of Nueces
*
~iption of a 26.733 acre tract of land. more or less, consisting of a portion of Lots 1,2 and 3, Section 36, Flour
Bluff & Encinal Farm & Garden Tracts., a map of which is recorded in Volume <fA". Pages 41 du'ough 43, Map
Records, Nueces County, Teus and Lot 2, Block I, Sutherland Tract., a mapofwhic:bis reC01ded in Volume 46,
Page 228. said map records. said 26. 733 acre tract as further des<nbed by metes and bounds a$ follows;
Bej;inning at the pomt of intersection of the northwest right of way line of RoscheT, Road and the northeast
boundary line of said Lot 3, Section 36, said northwest right-of-way line ofRos<:her Road being 20.00' northwest of
and parrellel to the centerline ofRocher Road (southeast boundary lint.: of said Lot 3, Section 36). said beginning
puint for the easternmost comer of the tract herein described;
Thence alons ~d northwest boundary line ofRosher Road S28OZ2'47"W 330_18' to a point for an easterJy oornu
of the tract herein described;
Thence N61 Q28'52"W 12.0C)' to a point for an interior easterly comer of the tract herein described and e~temmost
corner of said Lot 2, Block 1, Sutherland Tract;
nteoce continuing along ~;:ud northwest boundary line of Roscher Road S28~'28"W 330.15' to a point for the
southernmost comer of the trllct herein described and southernmost comer of said Lot 2, Block 1, Sutherland
Tract:
Thence N61ozg'43"W 1742.16' along the southwest boundary line of said Lot 2, BIO<?k 1. Sutherland Tract to a
puint fOJ the wt;sternmost wmt.:r of th(: tract herein described;
Thence along the easterly boundary line ofCayo Dcl Oso N2~17'47"E 180.66', N21030'24"E 1 Sl 20', N24002'56"E
151.71' and N2401S'35"E 179.23' to a point for the northernmost corner of the tract herein desaibeo in the
southwest boundary line of Tara, a map of which is recorded in Volume 51, Pages 11 & 12, said map records;
t f/h~ JIId4.
NiI6n M. Welsh, R.P.L.S.
NMW mm
EXHIBIT "A"
Sheet 1 of 2
Ca...re D)06 -D 7
H. 2lJ)< .s 1-0 cJ<.s~-th.
15
AGENDA MEMORANDlJM
PUBLIC HEARING ZONING (City ('ouncil Action Date 4/1 U(6)
Case No. 0306-01-Kvle l\lcGee: A zomng change from a "R-IB" One-family Dwelling District and
"A- I ,. A partment House Distnct to a "8-4" General Busmess District The property being 4.01 acres out of the
southwe'it comer, Lot 32, ')ec. 18, Flour Bluff and Encinal Fann & Garden Tracts, located along Holly Road,
800 fc'et east of Alflmc Ruad and 300 feet west of Wood bend Drive.
Planninl! Commission and Stafrs Recommendation (3/8/06): Approval of a "B-4" General Business
Distnct
Requested Council Action: Approval of a "B-4" General Busmess District.
Purpose of Request: '10 dl'velop a profeSSIOnal office complex and an upscale mini-storage
development.
Summary:
· Request: The applicant IS requestll1g a "BA" General Business District to develop a professional
office complex with a mim-storage facility to the rear of the property.
· The proposed officc complex wIll consist of approximately 4,500 sq. ft. with the number of
employees rangmg from 6-8 The development will occur in phases beginning with the
professional office.'omplex and culminating with the mini-storage buildings.
· Existing Land Use: The subject property IS pnmarily vacant land with a single family residence
l(lcated withm 200 teet. The ,:un-ent resident of the property is selling the larger tract ofland to
the applicant \\Ith the applicant reserving the opportunity to purchase the remaining tract ofland
ll' the near future f(,r further commercial development subject to a successful rezoning.
· Transportation: Access to the subject property IS provided along Holly Road, an arterial.
· Infrastructure: Thl' requested development will generate a demand of approximately 2,000 gpd
ot water and wastewater and approxImately 45 Ibs/day of solid waste.
AppUcant's Position: rhe applican1 1S m agreement WIth recommendation.
'\genda'v1cmorandulTl
Case No Ol1)6-0 1 (Kylt' \1(( iee!
Page 2
Notification: Of the eight! 8) notices mailed to the surrounding property owners, one (1) was returned in
favor and zero (0) was returned in oppositlOn The 20% rule is not invoked. This case is considered
noncontroversial.
II! / /1
Jc/"'f(/~/ /y.
MIchael N. Gunning, AICP
Assistant Director of Development Services
MG/f( iMials
Attachments:
I) Zoning Report
2) Plannmg CommIssiOn Minules (3/8/06)
3) Ordinance
H\PLN-DIR\SHARED\Gail\ WORD\A GENDMEM\2006\March\0306-O 1 AnENDAMEMO .doc
CITY COUNCIL
ZONING REPORT
Case No., 0306-01
Planning Commission Hearing Date March 8. 2006
~ c Applicant: Kyle McGee
_ .s: Owner: Clement Starrv. Sr.
1:1 --
~ ~.9- Agent: Kyle McGee
:a ~ ~ Legal DescriptionILocation: Being 4.()l acres out of the southwest comer, Lot 32, Sec. 18,
Q" Q Flour Bluff & Encinal Farm and Garden Tracts; located along Holly Road, 800 feet east of
< Airhne Road and 300 feet west of Wood bend Drive.
I
. From: "R-I B" One-Family Dwelling District and "A-I" Apartment House District
To: "B-4" (:Jeneral Business District
Area' 4.01 acres
Purpose of Request: To develop a professional office complex and an upscale mini-
storage development
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Existing Land Use Fnture Land Use
Vacant, single family Neighborhood
residential Commercial
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se Multi-family residential Professional Office
se Multi- family residential Professional Office
Neighborhood Neighborhood
Commercial Commercial
,~
ss General Commercial General Commercial
---- -----
.t- Zoning
Site I "R-I B" One-family
fWclling Dislnct
. ..~, O;.th,.. ""A-I "--Apartment-Hau
South "A-2" Apartment Hou
East ! "B-1" Neighborhood
! Busmess
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West I "B-4" General Busine
Area Development Plan: Flour Bluff The requested "B-4" General Business District is
~ '" not consistent with theo\rea Development Plan which recommends a professional office
~ ~ deSignatIOn However, staff feels the requested "B-4" General Business District will
::; ~ provide an appropriate transitIOn to the "B-1" Neighborhood Business District already in
~ ~ place to the east of the subject property
< Map: 042034
. Zoning Violations: None
ZOlllng Report
Case No 1)'06-01 (Kyle McGee)
Page 2
· Request: The applIcant is requesting a "8-4" General Business District to
develop a professional office complex with a mini-storage facility to the rear of
the property.
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· The proposed office complex will consist of approximately 4,500 sq. ft. with the
number of employees ranging from 6-8. The development will occur in phases
beginning with the professional office complex and culminating with the mini-
storage buildings
Existing Land Use: The subject property is primarily vacant land with a single
famIly residence located within 200 feet. The current resident of the property is
selling the larger tract of land to the applicant with the applicant reserving the
opportunity to purchase the remaining tract of land in the near future for further
commercial development subject to a successful rezoning.
Transportation: Access to the subject property is provided along Holly Road, an
arlenal.
· Infrastructure: The requested development will generate a demand of
approximately 2,000 gpd of water and wastewater and approximately 45 lbslday
of solid waste.
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The applicant has provided photo renderings of the proposed development. The fayade of
the building consists of brick. stucco, or other masonry and glass. The professional office
and the mim-storage facility are meant to co-exist during regular business hours,
therefore the applicant will be required to provide adequate parking for both businesses.
Lorung Report
Case Nu O~06-01 (Kyle I'vkGu')
Page 3
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Number of Notices Mailed:
Favor: 1
OppositIOn: 0
(As of March 24, 2006)
x
Attachment: Zomng Map
H:\PLN-; Hk SHARE[l\G\i L, WOR' l\ZO'iRPTS<?OO(,.iYblch\CCO<06-0 1 RIPORLdoc
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02120106 SRR
F-R ~arn', Rural District
RE Residential Estate Distric;t
RA One Family Ow_lUng District
Rd1A One Famity Dwelling Oislrtcl.
R-1B One Family Ow.IUng District
R-1C One Family Owemng Districl
City of Corpus Ch,lsti, T exa,
Department of Development Services
21
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SUBJECT
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Notice Map
Case Z0306-01
R.Tt-, Townhouse Dwelling Distncl
B-1 Neighborhood Business District
B-1 A Neighborhood Business District
1-2 L.ight Industrial District
R-2 Multiple Dwelling District
1-3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
r~l1> Trav.~i Trailer Park District
B-2A Barrier Island Business District
T-1B Manufactured Home Park Oistric!
B~2 Bayfront Business Dis1rlct
T-1C Manufac.tured Home Subdivision District
BD Corpus Christi Beach Design Disrict
HC Historical-Cultural Landmark Preservation
A-1 A.partment House District
A-1A Apar1ment House District
B-3 Business District
8-4 General Business District
N
A
A-2 Apartment House DIstrict
8-5 Primary Business District
AT Apartment~Tourist District
8-6 Primary Business Core District
1.1 Limited Industrial District
AS Prof~ssional Office Oistrici
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02/20106 SRR
MINUTES
REGlJLAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - March 8,2006
a 03(16-0 I
Kyle McGee: From "R-IB" One-Family Dwelling District and "A-I" Apartment
House Distnct to a "B-4" General Business District
Bemg 4.01 acres out of the southwest corner, Lot 32, Sec. 18, Flour Bluff and
Encmal Farm & Garden Tracts, located along Holly Road, 800 feet east of
Airline Road and 300 feet west of Wood bend Drive.
Sylvia Arispe reviewed the subject property and land use and stated the applicant is requesting a
"B-4" General Business District for the purpose of developing a professional office complex and upscale
mini-storage development.
The development will accommodate the professional of lice at the front portion ofthe site with the mini
storage facility located m the rear portion of the property The development will be over a period of three
week. The professional office complex will consist of 4,500 square feet with six to eight employees. The
subject property 1S located on Holly and AIrline Road with access being provided on Holly Road. The
surroundmg land use show,. multi family to the north and south of the subject property with neighborhood
and general commercIa] to t he east and wesl Staff recommends approval of the "B-4" General Business
District
Ll answer to Comnnssioner Pusley s question, Mr. Gwming stated that an "AB" Professional Office
District may be conSIdered for this request. At this time, an "AB" Professional Office District has not been
discussed with the applIcant With the subject property adjoining a "B-4" General Business District, Staff
had recommended the "B-4' General Busmess District as an appropriate zoning.
1\1s ArIspe stated that Phase:; o1'lhe project would include development of the current residence
which IS the Candlewood Annex ThIS LS the remammg "R-I B" One-family Dwelling District and the
portion that Mr. McGee ha" an option to purchase once it is available for sale.
Public hearmg was opened.
Kyle McGee, 4506 Corona Street. Corpus Christl, Texas reviewed his request and stated he had
requested a "B-4" General Business Distnct due to the existing surrounding business uses.
Public heanng was closed.
Motion for approval was made by CommiSSIOner Salazar and seconded by Commissioner Martinez.
Motion passed unanimously with Commissioner Skrobarczyk being absent.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY KYLE MCGEE BY CHANGING THE ZONING MAP IN REFERENCE
TO 4.01 ACRES OUT OF THE SOUTHWEST CORNER, LOT 32,
SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT AND
"A-1" APARTMENT HOUSE 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 Kyle McGee, 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,
March 8, 2006, during a meeting of the Planning Commission, and on Tuesday, April
11, 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 4.01 acres out of the southwest corner, Lot 32,
Section 18, Flour Bluff and Encinal Farm and Garden Tracts, located along Holly Road,
and 800 feet east of Airline Road and 300 feet west of Wood bend Drive, from "R-1 B"
One-family Dwelling District and "A-1" Apartment House District to "8-4" General
Business District. (042034) (Exhibit)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
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 11th day of April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Armando Chapa
City Secretary
APPROVED April 5, 2006.
~h ~/)ttiv
Gary~. Smith
Assistant City Attorney
For City Attorney
C'\DOCUME-1 Igaryws\LOCALS-1 Temp\0306-01 Regular Kyle McGee doc
Page 3 of 3
Corpus Christi Texas
_~ day of _____, 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus ChristL 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 Ga rcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
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AGENDA MEMORANDUM
PUBLH HEARING - ZONING (City ("ouncd Action Date 4/1 Ji06)
Case No. 0306-02-Morteza Shafinurv: :\ zonmg change from an "A-1" Apartment House District to a
"B-4'" Cieneral Busmess District The property bemg 3.18 acres out of a 22.04 Acre Tract in a deed to
Cloudcrott Land Ventures and bemg out of Lots 9 and 10, Section la, Flour Bluff and Encinal Farm and
Garden Iracts, located along Yorktown Road and east of Annemasse Street.
Plannin2 Commission and Staffs Recommendation (3/8/06): Demal of a "B-4" General Business District
and, In lIeu thereof approval of a "B-1" Neighborhood Business DistrICt.
ReQuested Council Action: Demal of a '"13-4" General Business District and, in lieu thereof, approval of a
"B-1'" NeIghborhood Busmess Dlstnct
Purpose of Request I levdop a neIghborhood shopping center.
Summar v ;
. Request: The applIcant has requested a zonmg change from "A-I" Apartment House District to
'"13-4" General Bus mess District to develop a neighborhood shopping center.
. Existing Land Use; The subject property IS primarily vacant land with frontage on Yorktown
Boulevanj, located west of ('Imarron Boulevard
. The "B-! " District allows a wide variety of commercial uses mcluding restaurants and shopping
centers similar to the "B-4" District with the exception of higher intensity business uses. The
"13-1" Dlstnet offers protectIOn to the eXlstmg or future neighborhood by not allowing uses such
;;, bars. auto repaIr shops. ete Auto repair uses typically have temporary storage ofvehic1es.
. Transportation:
. Traffic counts on Yorktown Boulevard are at 4,000 ADT (Average Daily Trips).
. Traffic counts on Cimarron Boulevard are at 8.790 ADT (Average Daily Trips). Cimarron
Boulevard lmpro\ ements Jre scheduled to be completed by November 2008.(Bond Issue
:'004 - Report til)
. Comprehensive Plan and Land Use Compatibility. The commercial land use is consistent
\vlth the Future Land Use Plan. However. since low density residential is planned north of the
proposed commerClal property an appropnate buffer or limited commercial use is preferred to
assure compatlbili: y. The Corpus Christi Policy Statements indicate that major commercial uses
and zonmg should be located at the intersection of two artenal streets. The subject property is
located at the mtersection of one major arterial Yorktown Boulevard and a local street Annemasse
Street This mId-block Incation IS not an optImum area for general commercial uses.
Applicant's Position: fht: applicant IS m agreement with recommendation.
Agenda Memorandum
Case No 0;0(,-02 (Mone/a shatilluryl
Page 2
Notification: Of the thn1y-seven (37) notIces mailed to the surrounding property owners, five (5) were
returned In favor and two (2) were retumed In opposition The 20% rule is not invoked. This case is
considered noncontroversial.
/IJ;J ~. ~
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGtvVals
Attachments:
I) Zoning Report
2) Plannmg CommissIOn Mmutes (3/i'\i06)
3) (lrdinance
H\PLN- D IRS HARED\Gall " we) RD' AGENDM E 1'.1\2006\[\1 arch \0306-02 A GENDA1'.1E1'.1 0 .doc
CITY COUNCIL
ZONING REPORT
Case No 0306-02
Planning Commission Hearing Date: March 8. 2006
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Applicant: Morteza Shafinur::
Owner: Same
Agent: Same
Legal Description/Location: Being 3.18 acres out of a 22.04 Acre Tract in a deed to
Cloudcroft Land Ventures and being out of Lots 9 and 10, Section 10, Flour Bluff and
Encinal Fann and Garden fracts, located along Yorktown Road and east of Annemasse
Street
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From: "A-I" Apartment House District
To. "B-4" General Business District
Area- ~ 1 X acres
Purpose of Request: Develop a neighborhood shopping center
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Site I "A-l" Apartment House
District
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North "R-l B" One-famih
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South: "R-] B"One-family Single family
i Dwelling District, "B-4" residential, church
[ General Business District
Low-density residential,
commercial
Existing Land Use
Vacant
Future Land Use
Medium-density
residential
Low-density residential
Single family residential
- Ea.~t-+'~B--4~ Ge~er~lB~~iness I V aca~---
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West t-,,~._ I~APart;;-~]~tH;~s~ji V ac~nt - - --
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Commercial
Medium-density
residential
;,onmg Report
Case No (\U6-02 I Morteza Sltafinurv)
Page 2
~ '" Area Development Plan: Southside Area Development Plan- The future land use map
~ S recommends a medium-density residential use. However a modification to the plan is
~ ~ acceptable for neighborhood business adjacent to general business to the east.
~ ] Map: 0440~ 1
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<( Zoning Violations: None
. Request: The applIcant has requested a zoning change from "A-I" Apartment
House District to "B-4" General Business District to develop a neighborhood
shopping center
. Existing Land Use: The subject property is primarily vacant land with frontage
on Yorktown Boulevard, located west of Cimarron Boulevard.
.
The "Boo I" Distnct allows a wide variety of commercial uses including restaurants
and shopping centers similar to the "B-4" District, with the exception of higher
intensitv business uses. 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 temporary storage of vehicles.
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Transportation:
.
Traffic counts on Yorktown Boulevard are at 4,000 ADT (Average Daily Trips).
Traffic counts on Cimarron Boulevard are at 8,790 ADT (Average Daily Trips).
Cimarron Boulevard improvements are scheduled to be completed by November
2008.(Bond Issue 2004 - Report #1)
.
. 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 Corpus
Christi Policy Statements indicate that major commercial uses and zoning should
be located at the intersection of two arterial streets. The subject property is
located 21t the intersection of one major arterial Yorktown Boulevard and a local
street Annemasse Street. This mid-block location is not an optimum area for
general commercial uses.
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. \Vhere general commercial zoning abuts an existing or future low density
residential area the commercial uses will negatively impact the residential area.
~ . Tramc Impacts could be greater with a "B-4" General Business use as opposed to
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8 · The J.l ~ acre sIte is appropriate for neighborhood business uses.
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1:: mtersecllons to create community or regional commercial developments that
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fr al low space for huffering next to surrounding low density residential areas.
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to the neighborhood by not aJJowing uses such as bars, auto repair shops, etc.
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Denial of the "B-4" General Business District and. in lieu thereof, approval ofa "B-1"
Neighborhood Business District
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Denial orthe "13-4" General Business District and, in lieu thereof, approval ofa "B-1"
Neighborhood Business District.
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Number of Notices Mailed' ~7
Favor 5
Opposition: 2
i As of March 24, 2006)
Attachment: Zoning Map
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MINUTES
RF GllLAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - March 8, 2006
t 1).)(16-02
Morteza Shafinury From "A-I" Apartment House District to a "B-4" General
Business District _______
BelOg 3.18 acres out of a 22.04 Acre Tract in a deed to Cloudcroft Land Ventures
ancl being out of I .ots 9 and 10. Section 10. Flour Bluff and Encinal Farm and
Gacden Tracts.
Adriana rruJIllo presented the above request for a change in zoning from an "A-I" Apartment
House DIstrict to a "8A" C,eneral Busmess District proVIding a slide presentation and stated the subject
property \Vas located on the northeast comer of Yorktown and Cimarron Boulevard. The purpose ofthe
request IS the development)f a neighborhood shopping center. The aerial map showed vacant land to the
east and west and smg1e family residential to the north and south of the subject property. The future land
use map ,ails for medium denSIty use which IS acceptable for neighborhood business use. This is a mid-
block locatIOn which IS not optimal for general commerCIal uses. In view of this and the increased traffic
that could be generated within a "B--f' General Business District, Staff recommends denial of the
"B-4" CTeneral Busmess Di"trict and recommends a "B-l" Neighborhood Business District. There were
thirty-se\ en notlces malled out WIth four (4) returned in favor and two (2) returned in opposition,
h answer h. CumnnsslOner Pusley ,; questIon, Michael Gunmng stated that the applicant was in
agreemel It to appro\ al (If the "B-1" Neighborhood Busmess District.
J'ubhc heanng was opened
( iary Garza, (repre,;enting applicant) 527 Gordon, Corpus Christi, Texas stated Mr. Shafinury was
out of town and IS mterested in a "BA" General Busmess District for this area. Mr. Shafinury has been in
busmess for over 20 years and has slnetly llsed the BA General Business District for zoning on his strip
center:, l"he surroundmg C ommercw] properties are already zoned a "8-4" General Business District and
Mr. Shafinury would prefer the requested zoning.
( ommlSSlOner Pusley stated that m the "8-4" General Busmess District, the signage issues
adjacent 10 the residentIal area would create a problem.
In answer to CommiSSIOner Zamora's questlon, Mr. Gunning stated that future bond
Improvements for Clmarron Boulevard wIll mclude a four lane highway and is scheduled to begin
Novemb,'r of 2008 The Yorktown Boulevard CIP project is long range and is not currently funded.
Mr. Gunning stated that he had more than one meeting with Mr. Shafinury regarding this zoning
request and Mr. Shafinury had stated his wIllingness to accept a "B-l" Neighborhood Business District.
This b a mid-block location which abuts next to a residential area.
Steve Smithers. 6233 Sir Jack Street, Corpus ChristI, Texas stated his opposition to a
"B-4" General Business Dlstrict due to the excess lighting and noise that district would allow. Mr.
Smithers stated 1m preference to a "B-I" Neighborhood Busmess District
Guadalupe Mendoza, 6232 Sir Jack Street, Corpus Christi, Texas stated his agreement to a
"B-1 ., Neighborhood Business Dlstnct.
fodd Freund, 6213 Sir Jack Street, Corpus Christl, Texas stated his preference to a
'"B-1" Nel ghborhood Business District and encouraged proper drainage for Annemasse Street.
Public heanng was ,.'losed
Motion for denial ofthe "B-4" General Busmess District and in lieu thereof, approval for a
"B-1" Neighborhood Business District was made by Commissioner Pusley and seconded by
CommissIOner Huerta. MotIon passed unanImously with Commissioner Skrobarczyk being absent.
H:\PIN-I lIR SHARED'GAII \\VORI ,/\'GFNDMEM'2006 March\0306-02Ml11utes Fxcerpt.doc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY MORTEZA SHAFINURY BY CHANGING THE ZONING MAP IN
REFERENCE TO 3.18 ACRES OUT OF A 22.04 ACRE TRACT IN A
DEED TO CLOUDCROFT LAND VENTURES AND BEING OUT OF
LOTS 9 AND 10, SECTION 10, FLOUR BLUFF AND ENCINAL FARM
AND GARDEN TRACTS, FROM "A-1" APARTMENT HOUSE DISTRICT
TO "B-1" NEIGHBOHOOD 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 Morteza Shafinury, 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,
March 8, 2006, during a meeting of the Planning Commission, and on Tuesday, April
11, 2006 during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Christi, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 3.18 acres out of a 22.04 acre tract in a deed to
Cloudcroft Land Ventures and being out of Lots 9 and 10, Section 10, Flour Bluff and
Encinal Farm and Garden Tracts, located along Yorktown Road and east of Annemasse
Street, from "A-1" Apartment House District to "B-1" Neighborhood Business District.
(Map 044031) (Exhibit)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
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 11lt1 day of April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
Annando Chapa
City Secretary
APPROVED April 5, 2006.
2i J.iJfl {fj",J/i ,
ry Smith
Assistant City Attorney
For City Attorney
H:\LE G-DIR\garyws\garyws\agenda\2006\04-11 \0306-02AlternativeZoning Morteza Shafinury .doc
Page 3 of 3
Corpus Christi , Texas
day of _____ _, 2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus ChristL 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:\LEG-DIRIgarywslgarywslagenda\2006104-1110306-02AlternativeZoning Morteza Shafinury.doc
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Ca...r-e D306 -02
Ho,t~~ Shefit1U(
3.t8-Acre Tract
ST A TE OF TEXAS
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COUNTY OF NUECES ~
FIELD NOTES to describe the boundary of a 3.t8-acre tract out of a called 22.04-acre tract
described in a deed to Cloudcroft Land Ventures as recorded in Document "2001039485,
Official Records Nuec:es County, Texas and being out of Lots 9 and 10. Section 10, Flour
Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A. Pages
41 through 43 of the Map Records, Nueces County, Texas, said 3.l8-acre tract being more
panicularly described by metes and bounds as follows:
BEGINNING at a '518" steel rod found in the north right..of-way of Yorktown Boulevard
(lOO' ROW) for the southwest corner of a tract of land described in an Assignment of Interest
froro Cloudcroft Land Ventures et al to Marble Etc., Ine as recorded. in Document
2005011347. Official Records. Nueces County, Texas, the lower southeast comer of said
22.04-acre tract aDd the southeast comer of this tract from which the southeast comer of said
Lot 9, being the centerline intersection of Cirnarron Blvd. and Yorktown Blvd. bears 8-610-
16'-47"-E, 552.03'and S-28~..40'-37"-W, 40.00';
THENCE. N-61o-16'-47"-W. along said right-of-way and along the south line of said 22.04
acre tract, a distance of 484.19' to a 5/8" steel rod found in the east right-or-way of
Annemasse Street (60' r.o.w.) as d~scribcd in an exhibit prepared by Nixon M.Welsh,
R.P.L.S. #2211 dated March 31R, 2005 for the southwest comer of this tract;
THENCE, N-2SO-43'-13"-E. along said Annemasse Street rightooOf-way, a distance of 13.53.
to the point of curvature of a curve to tbe left from which the radius b~ N-C)to-16'-47".W.
390.00', said curve having a centra) angle of 120-)2'.25" and a tangent of 41.70';
THENCE, along said curve and right-of-way, an arc length of 83.09' to the point of
tangency;
THENCE, N-160...30'-48"-E, continuing along said right-of-way, a distance of 112.47' to the
point of curvature of.a curve to the right from which the radius bears S-730...29'-12"-E,
33000', said curve having a central angle of 120-12'&25" and a tanaent of35.29';
THENCE, along said curve and right-of-way, an arc length of 70.31' to a 5/8" steel rod
found for the southwest comer of Lot 20, Block 2, kings Point Unit 5 as recorded in Volume
64, Page 7, Map Records, Nueces County, Tex.as for the point of tangency and the northwest
comer of this tract;
THENCE, S-61o-16'-47"-E. at 64.991 pass the common comer of$8id Kinas Point Unit 5
and Kings Point Unit 4 as recorded in Volume 63, Page l14 and 115, Map Records. Nueces
County, Texas, in all a distance of 523.72' to a 5/8" steel rod found for the northwest comer
of said Marble Etc., Inc. tract and the northeast comer of this tract;
COYM, RERMET &. GUTIERREZ
ENGINEERING, L.P.
Job No. 9889c
Page 1 of 1
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THENCE. S-280-36'-39"-W, along the west line of said Marble Etc., Inc. tract, a distance of
175.67. to the POINT OF BEGINNING and containing 3.18 acres of land, more or less.
These field notes represent a survey made upon the ground under my direction and are
true and correct to the best of my knowledge. Accompanying plat prepared.
_~ Q . "l..DO'
Date
lr. A.....:.i f.. IJ~
aVid L. NesbItt. R.P.L.S. No. S302
COYM, REHMET &. GUTIERREZ
ENGINEERING, L.P.
Job No. 9889<:
Page 1 of 1
\-.o.Vl:_nc&bilC'ld-drive\MY DOCUMeNTS\fIELO NO'US\9U9c 3.18 ac,doc
17
~GENDA MEMORANDllM
PUBLIC HEARI~G - ZONING (elty ( ouncil ActIOn Date: 4/11/06)
Case No. 0306-03-Habitat for Humanitv Corpus Christi: A zomng change from a "R-lB" One-family
Dwellmg DistrIct to a "R-Ie" One-family Dwelling District. The property being 0.240 acres out of Champion
AddItIOn Lot 4. located alung the v.est sIde of Wmters Street, 350 feet southwest of Home Road.
Plannin2 Commission and Staff's Recommendation (3/8/06): Approval of a "R-I CO' One-family Dwelling
Distnct
Requested Council Action: Approval ot d "R-I C" One-famIly Dwelling District.
Purpose of Request To subdivide the lot and develop two single family homes that will meet the
ordinance requirements (If an "R-I C' District for lot area and frontage.
Summan:
. The Request. The applIcant IS requestmg a change of zoning from "R-IB" One -Family Dwelling
Dlstnct (min. lot SIze 6.000 sq. 11.) to "R-le" One-Family Dwelling District (min. lot size 4,500 sq.
ft.) for the deve lopment of two single family homes. The subject parcel is a 10, 802 square foot lot
WIth 96.4 feet of frontage along Winters Street. The parcel will not meet the ordinance requirements
of the "R-l B" Dlstnct . !nce subclIvided !Dto two lots The "R-I B" District requires 6,000 square foot
lots "ith 50 feet of frolltage The respective lots on this parcel would be 5,400 square feet with 48.2
feel of frontage consistent with the reqUlrements of the "R-l C" District (Area:4,500 sq. ft., Frontage:
4:' ft
. The Rushmg SubdI ViSIon south of the subject properly along Hollywood Street contains legal
nonc,mformmg"R lB' District lots that range in sIze from 5,500 to 5,900 square feet.
. Transportation. /\ccns to the subJect property wm be along Wmters Street, with Home Road
350 leet to the northea:;t. Winters Street IS a local residential street, designed to handle approximately
1,000 average daily trips. The two proposed single family homes will add approximately 20 A.D.T.
to the traffic count ;JIang Winters Street
. Comprehensive Plan and Land Use Compatibility. Low density residential development is
consistent With the adopted future land use map for the area. The surrounding properties are single
family' uses with the e?;ception (lfthe church across the street.
Applicant's Position: The applicant is m agreement with recommendation.
Agenda 'vlemurandum
Case No 'J'iih-O' (Habltdt It 'I Hurnamt\ C<lrpllS Im;,!r)
Page 2
Notification: Of the (went: -four (24) notIces mailed to the surrounding property owners, one (1) was
returned In favor and zero (0) was returned In opposition. The 20% rule is not invoked. This case is
considered noncontroversial.
~~fj~u~1rc~
Assistant Director of Development Services
MG/FGM/als
Attachments:
1) Zoning Report
2) Plannmg CommisslOn Minutes (3/8/06)
3) Ordinance
H\PLN-DIRSHAREDGal r W(lRD.\GENDME M\2006\March\0306-03 ACiENDAM EMO .doc
CITY COUNCIL
ZONING REPORT
Case No. 030()-O~
Planning Commission Hearing Date" March 8, 2006
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Applicant: Habitat for Humanity
Owner: Elizabeth G. Linan
Agent: Carolyn Smith
Legal Description/Location: Being 0.240 acres out of Champion Addition Lot 4,
located along the west side of Winters Street, 350 feet southwest of Rome Road.
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. From: "R-l B" One .-Family Dwelling District
To: "R-I C' One -Family Dwelling District
Area 0.240 acres
Purpose of Request: To subdivide the lot and develop two single family homes that will
meet the ordinance requirements of an "R -1 e" District for lot area and frontage.
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, Zoning
~"it~'-- t:~R:-l B"One --Famil\
I .
_I Dwelling District
North "R-! B." On~-~amily
__ -t-Q~elhng Dlstnct__.
South! "R-IB" One -Family
_ Dwelling Distric~_
East "R-l B" One-Family
+-~?welling Distric.t_
West i "R-I B" One -Family
Dwelling Qis!fjct
xisting Land Use Future Land Use
Vacant Low Density Residential
- ..-.-.---.-----'--
l~ .~amily Res.idential Low Density Residential
le Family Residential Low Density Residential
Church Publici Semi Public
-_.._.__.~ ---
Ie Family ReSIdential Low Density Residential
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~ ~ Area Development Plan: Southeast Area Development Plan- The future land use map
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~ Map: 046039
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~;, Zoning Violations: None
<
Zoning Report
Case No 0 ~06-(n (HabItat lor Humal1lty i
Page 2
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. The Request. The applIcant IS requesting a change of zoning from "R-lB" One -Family
Dwellmg District (min lot sIze 6,000 sq. ft.) to "R-IC" One -Family Dwelling District (min.
lot size 4.500 sq. ft.) for the development of two smgle family homes. The subject parcel is
a 10.802 square fo0110t WIth 96.4 feet of frontage along Winters Street. The parcel will not
meet the ordmance reqUIrements of the "R-l B" District once subdivided into two lots.
The "R-l B" District reqUIres 6,000 square foot lots with 50 feet of frontage. The
respechve l,)ts on thiS parcel would be 5,400 square feet with 48.2 feet of frontage
consistent with the requirements of the "R-l e" District (Area:4,500 sq. ft., Frontage:
45 ft)
. The Rushing SubdlVlsion south of the subject property along Hollywood Street contains legal
nonconformmg "R-] B" DIstnct lots that range in size from 5,500 to 5,900 square feet.
. Transportation. Access to the subject property will be along Winters Street, with Home
Road 350 feet to the northeast. Winters Street is a local residential street, designed to handle
approXimately 1.000 average daily trips. The two proposed single family homes will add
approxImately 20 A.[lT to the traffic count along Winters Street.
. Comprehensive Plan and Land Use Compatibility. Low density residential development
IS consistent with the adopted future land use map for the area. The surrounding properties
are smgle family uses with the exception of the church across the street.
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___ __+__ ..._ pavement
! Collector i 60' R.O.W
-l ..-J. pavement
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Volume
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30' NA
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oS ~ The subject property IS platted.
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LOlling Report
Case NO.O'06-03 (HabItat for Humal1lt) i
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. The proposed zoning change to a "R-I C" District will allow a reduction of 600 square
It'd m area and a l A foot reduction In frontage on each lot from the "R-I B" District
mml1l1um reqUIrements
. !her~ ar: legal nonconforming "R-I B" Dlstnct lots within close proximity to the subject
parcel that are below the 6.000 square feet reqUIred of the district.
. J he proposed zonmg change will create an opportunIty for infill development.
. There will be mlnllnallmpact on the transportation network of the neighborhood.
Approval of the 'R-I C" One. Family Dwellmg District.
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Approval \)f the 'R-I C' One Family Dwellmg District.
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Number of Notices Mailed: 24
Favor I
Opposition: 0
(As of March 24. )006)
Attachment: Zoning Mar
f!:\PLN-!ifP-;HAFFI !";\I L \\CJR! ),ZONRYr~,,1006J\Lilch\CCOJO()-(iJ fhbnaLdoc
20FEB06/HK
F-R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R-1A One Family Dwelling District
R-1B One Family Dwelling District
R-1C One Family Dwelling District
R-TH Townhouse Dwelling District
R-2 Multiple Dwelling District
T-1A Travel Trailer Park District
T-1B Manufactured Home Park Dist.
T-1C Manufactured Home
Subdivision District
Case No. Z0306-03
Notice Map
A-1 Apartment House District
A-1A Apartment House District
A-2 Apartment House District
AT Apartment- Tourist District
AB Professional Office District
1-1 Limited Industrial District
1-2 Light Industrial District
1-3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
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
HC Historical-Cultural Landmark
Preservation
GIS
Team
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NORTH
0 100 200
Feet
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - March 8,2006
o 3"6-0_~
Habitat for Humanity Corpus Christi: From "R-IB" One-Family Dwelling
District to a "R-l C' One-family Dwelling District
Being 0.240 acres out of ChampIOn Addition Lot 4, located along the west side
of Winters Street. j 50 feet southwest of Home Road.
J)an McGinn presented a PowerPomt presentatIOn on the above request for a "R-l C" One-family
Dwellmg District located along Wmters Street. The subject property consists of 0.240 acres and the
applicant proposes subdividing the property and developmg two (2) smgle family homes on lots that
would contain 5.400 squan: feet With 4~.2 feet of frontage.
The surmundmg land use lonslsts or" a church and smgle family development with the subject property
providmg lots meetmg the requirement:-, of the "R-I C" One-famIly Dwelling District. Once these lots are
subdiVided, the reqUIrements for an'R-1 13" of 6,000 square feet lots and 50 feet of frontage will no
longer be met The future iand use map calls for low density residential use. This is an opportunity to
provide mfill for this area and create needed homes. Staff recommends approval.
] 11 anS\VtT to \' ice-' 'halrman Garza' S question, Mr. McGinn stated that the driveways will be
reposJ1lOned.
l ommlSSloner Braselton stated that he did not see any negative results with the "R-IC" single
family lots.
I. aryce ( JOOlie- Ma,:on stated that the Gardendale subdivi sion has some scattered "R -1 C"
resldent];.ll sites.
'ommlSSloner Zamora statt'd he \\ as m favor of the "R-I e" One-family Dwelling District.
I'ubhc heanng \Va:. opened
lee Sloan, Habital for Humanity. 5541 Bear Lane, Corpus Christi, Texas stated that Habitat for
Humanity bUIlds affordable housing and sells the homes at construction cost. Most of the 3 bedroom,
2 bath homes sell for approximately $60,000 and our only concern are limiting us to sell homes under the
Special Permll. Habitat for Humanity wants our families to be part of the community and to blend well
with the neighborhood
I )K SmIth, Humanity for Homes. Corpus Christi, Texas stated that the applicant locates suitable
sites 111 which to butld on. If this zoning change is approved, the City will be impacting lives in a positive
way. [he other benefil is lhat the delinquent taxes on the property WIll be paid.
Public hearing wa, closed
Motion for approva of the "R-I C' One-famlly Dwellmg Distnct was made by Commissioner
Zamora and seconded bv V'ce-Chamnan (iarza, Motion passed unammously with Commissioner
Skrobarc7vk being absent.
H:\PIN-! lIP SHA RE\l\G" II\WORi )\AGENDM EM'200i>\.'v1arch\0306-03M inutes ExcefllLdoc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY HABITAT FOR HUMANITY, BY CHANGING THE ZONING MAP IN
REFERENCE TO CHAMPION ADDITION LOT 4, FROM "R-1 Bn ONE-
FAMILY DWELLING 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 Habitat for Humanity, 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,
March 8, 2006, during a meeting of the Planning Commission, and on Tuesday, April
11, 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 Champion Addition Lot 4, located along the west
side of Winters Street, 350 feet southwest of Horne Road from "R-1 B" One-family
Dwelling District to "R-1 C" One-Family Dwelling District. (Map 046039)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance,
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
H:\LEG-DIR\garyws\garyws\agenda\2006\04-11\0306-03 Habitat for Humanity.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 11 th day of April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa
City Secretary
APPROVED April 5, 2006
Henry Garrett
Mayor, The City of Corpus Christi
~/~
G ry . Smith
Assistant City Attorney
For City Attorney
H :\LEG-DIR\garyvvs\garyvvs\agenda\2006\04-11 \0306-03 Habitat for Humanity.doc
Page 3 of 3
Corpus Christl , 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, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:\LEG-DIRIgaryws\garyws\agenda\2006\04.11 \0306-03 Habitat for Humanity.doc
18
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 3/21/06)
Case No. 0206-02-Chili Pepper Properties, Inc., Garv Cadena and Timothv Lawson: A zoning change
from "R-I B" One-family Dwelling District to a "A-2" Apartment House District. The property being 11.4
acres oul 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 l363, Page 449, located west of Laguna
Shores Road and McNelly Street intersectIOn and south of Glenoak Drive.
Plallnin2 Commission and Staff's Recommendation (2/8/06): Approval of an "A-2" Apartment House
District
Requested Council Action: Approval of an "A-2" Apartment House District.
Purpose of Request: SIxty (60) Townhouses and nmety-six (96) High-Rise Condominiums/Apartments.
Summary :
. The applicant IS requesting a change of zoning to "A-2" Apartment House District in order to
develop sixty (60) townhouses and ninetY-SIx (96) high-rise condominiums/apartments on 11.4
a('fes.
. The proposed townhouses are planned as 2-story structures with attached garages. Development
of the high-rise condominiums/apartments is proposed as two (2) buildings comprising of eight
(R) stories with parking on the ground floor under the complex.
. The "A-2" District accommodates the use and height requirements for this type of development.
Specifically, the ".\-2" District provides for medium and high-density residential development,
whereby structure~ may exceed the standard SIXty feet or 4 stories in height. Structures that
nceed the standard building height must provide forty (40) percent of the site for non-vehicular
open space
. \Vater and wastewater demands for the proposed use is projected at 25,740 gallons daily. Solid
waste demand for the proposed residential development IS 1,3891bs. daily.
. The requested'A-2" Apartment House District is supported by the Flour Bluff future land use
map.
Recommendation: Approval of the "A-Y Apartment House District
Apoocant's Position: The applicant is in agreement with recommendation.
Agenda Memorandum
Case No. 0206-02 (Chili Pcppcr Propertlcs, Inc,
Gary Cadena and Timothy Lawson \
Page 2
Notification: Of the twenty -five (25) notices mailed to the surrounding property owners, zero (0) was
returned in favor and fifteen (15) received In opposition totaling 22.56% opposed. The 20% rule is
invoked. This case is considered controversial.
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/als
Attachments:
1 ) Zoning Report
2) Planning CommIssion Minutes
3) Ordinance
H\PLN-I lIRSHARED\GaIlW( lRD\GENm.n [\1\200b'I'cbruary\020f1-01 ,.\GENDAMEMO doc
CITY COUNCIL
ZONING REPORT
Case No.: 0206-02
Planning Commission Hearing Date February 8, 2006
Applicant: Chili Pepper Properties, Inc., Gary Cadena and Timothy Lawson
~ Owner: Same as Applicant
~ ~ Agent: Paul 1. Lozuk
~ ~ Property Area: Being 11.4 acres out of West's Laguna Madre Place, Tract a, Lots 1-5,
-="i: Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (replat), Laguna Madre
= (J
"~~ Acres Tracts 13 and 14, Volume 1363, Page 449, located west of Laguna Shores Road
-=~
is: and McNelly Street intersection and south of Glenoak Drive.
~
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Area: 11.4 acres
Purpose of Request: 60 Townhouses and 96 High-Rise Condominiums/Apartments
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Zoning Existing Land Use Future Land Use
"R-l B" One-family Multi-family
Dwelling District V acant land
"A-I" Apartment House V acant land Public/Semi-Public and
Districl Conservation/Preservation
~_m_____ .____ ____
"R-1 B" One-family Vacant land Multi-family
Dwelling District and
"B-1 " Neighborhood
Business District
"R-IB" One-family Vacant lots and single- Commercial
Dwelling District and family homes
"B-2" Bayfront Business
Distric1
---
"R-1B" One-family Single-family residential Single-family residential
J;>welling District and vacant land
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South
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Case No 0206-02 (Chili Pepper ProperJles, Inc
Gary Cadena and Timothy Lavson)
Page 2
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I Area Development Plan: Flour Bluff ADP- The proposed townhouse, condo and
I apartment development for the subject property is consistent with the future land use
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i map.
i Map: 035029
I
I Zoning Violations: None
!
. The applicant is requesting a change of zoning to "A-2" Apartment House District
in order to develop 60 townhouses and 96 high-rise condominiums/apartments on
11.4 acres.
. The proposed townhouses are planned as 2-story structures with attached garages.
Development of the high-rise condominiums/apartments is proposed as two (2)
buildings comprising of eight (8) stories with parking on the ground floor under
the complex.
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The 'A-2" District accommodates the use and height requirements for this type of
development. Specifically, the "A-2" District provides for medium and high-
density residential development, whereby structures may exceed the standard
sixty feet or 4 stories in height. Structures that exceed the standard building height
must provide forty (40) percent of the site for non-vehicular open space,
Water and wastewater demands for the proposed use is projected at 25,740
gallons daily. Solid waste demand for the proposed residential development is
1.389 lbs. daily.
. The requested "A-2" Apartment House District is supported by the Flour Bluff
future land use map.
T--- Paved Section
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1;.E The subject property contains platted and unplatted property. Subject property will need to replat
is:.:s for development purposes.
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Zoning Report
C'ase No 0206-02 (ChIli Pepper PropertIes, 1m
Gary Cadena and Timothy Lav-son)
Page 3
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The proposed development is consistent with the future land use map for the property.
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Number of Notices Mailed
Favor 0
i Opposition 15
: (As of February 28,2006)
25
Attachments: Zoning Map
Concept Development Plan
H:\PLN-I)J!o' SIIARFll\G\II WOR: IIlONRPTS\200(>\I'-cbruaryICC0206-02 2RFPORTdoc
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r: -H Farm Rural L"!>lnCl
RE Residential Estate Qislric'
RA One Family ,)weHinQ Gis tr,c'
R-iA One Family ",weJllng Distnct
R.18 One Family Uwelling OistriCl
R~1C One Famil)' Dwelling Oislrlcl
City of Corpus Christi. TX
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NOTECE MAP
fH TownhOil~'O Uwelilrl\.' [)'sinct
B" 1 Neighborhood Business District
B-1 A Neighbor....ood Business District
1-2 Light Industrial District
Multiple D.....elliny UH,(I'<::
1.3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
1A TraVl:li Tralief Par;. O'Shl( 1
B.2A Barrier Island Business District
18 Manufactuied Hu'n€ ;:>...,~ District
B-2 Bayfront Busines.s District
1C Manufactured Home Subdivision Oistricl
80 Corpus Christi Beach Design District
He Historical-Cultural Landmark Preservation
':"-1 Apartment House DistnCl
B.3 Busineu Distllcl
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,:0,.1.... Apartmen! House Oistn(:t
8-4 General Business District
~." Apartmenl House Oistf1C1
8-5 Primary Business District
\T Apartment ,Tourist DIstrict
B--6 Primary Business Core Dislrict
I.' Limited Industrial District
\B Proft'ssior,al OHice District
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300
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - February 8, 2006
h 0206-02
Chih Pepper Properties, Inc. Gary Cadena and Timothy Lawson: From "R-lB" One-
family Dwelling District to an "A-2" Apartment House District
Being 11.4 acres out of West's Laguna Madre Place, Tract A, Lots 1-5, Tract B, Lots 1
and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (rep1at), Laguna Madre Acres Tracts 13 and
14, Volume 1363. Page 449, located west of Laguna Shores Road and McNelly Street
intersection and south of G1enoak Drive.
Faryce Goode-Macon presented a review of this request for an "A-2" Apartment House District
and stated that the subject property IS located on Laguna Shores Road with boundaries on Glenoak Drive
and Debra Lane for the purpose of developing sixty (60) two-story townhouses with detached garages and
ninety-SIX (96) condominiums in a two buIlding plan concept with five (5) stories and parking on the first
floor. The property consists of 11.4 acres. To the north of the subject property is vacant land with
residential zoning. To the south IS the Belmont residential development along with portions of vacant
land being zoned as "R-IB' One-family Dwelling District and "B-1" Neighborhood Business District and
to the east and to the west are single-family residences, Ms. Macon stated the future land use map
supports an "A-2" Apartment House Distnct There were twenty-five notices (25) mailed out with seven
0) notJces returned In opposition making the opposition at 16%.
hI answer to CommIssioner Zamora' s question, Ms. Goode-Macon stated that at this time the
applicant was not in ownership of Lots 2. 3 and 7. The applicant does intend to pursue purchasing these
lots. If they are unable to acquire the lots, the zoning is still being requested.
III answer to CommIssioner Skrobarczyk's questIOn, Ms. Goode-Macon stated that if these lots
are not purchased, the deveiopment lS planning to build around these lots.
Public hearing was opened.
Paul Lozak. 14261 Allamanda Dnve, Corpus Christi, Texas stated that the applicant is almost at
completion of twenty-two (22) high quality townhomes on Padre Island Island are looking to do a similar
development in this area. This area lS void of new construction. The applicant did consider developing
approXimately fifty (50) single-family reSIdences in this area but after studying the City's Development
Plan which indicated multi-family zoning the applicant revised their request to an "A-2" Apartment
House D1StriCt. The current zoning east along Laguna Shores Road is a "B2" Bayfront Business District
or "B-4" General Business District for business, and properties on each side of the subject property are
zoned a "B-1" Neighborhood Business District and an "A-I" Apartment House District. The applicant
had discussions with the City regarding the possibility of developing this area for townhouses and
condominIUms and had discussions on water, wastewater, and drainage. The applicants provided a
preliminary site plan showll1g the development of these townhomes and condominiums guarding the
privacv of the residents on Debra and leaving the majority of the rear property undisturbed. The
Plannmg CommiSSion Mmutes
Case No, 0206-02 (Chill Pepper Properties. Inc.
Gary Cadena and Timothy Lawson)
Page 2
development would generate' $30-$40 million in constructIOn and be a positive addition for the entire
area
In answer to CommIssioner Pusley's question, Mr. Lozak stated that there has been no
communi~'ation wIth the nelghborhood.
In answer to C omm lssioner Zamora's question, Mr. Lozak stated that the applicant is more than
willmg to have dlscussJOns with the neighbors to discuss plans and their concerns.
Wallace Allen, 2705 Laguna Shores Road, Corpus Christi, Texas stated that he was in favor of
this request
Marvin and Norma Marshall, 2825 Debra Street, Corpus Christi, Texas stated that the storm
drainage tloods into a wetland and three-fourths of the time has six inches to a foot of water and continues
to fill up m the rainiest of season to approximately 10 feet of water. The boundaries of the project drain
to the TIght of Glenoak and continue to fill up towards my property and then eventually move across the
street. These five (5) story townhouses are about a few hundred feet from my house. Across the street
from thIS project is the Red Hen Pond which is a protective wildlife reserve and a lot of the birds reside in
the back area of the proposed development. This project will destroy the wetlands. This five (5) story
building behind my house 1 s going to lower property values with this kind of development of apartment
type bUlldmgs Neighbors don't want to have their privacy infringed on with buildings at the rear of their
propertIes
In answer to CommIssioner Skrobarczyk's questIon, Mrs. Marshall stated that the six (6) foot
pond doesn't dram, but the surrounding streets drain into Glenoak and there are no side walks and no
parking
In answer to Chairman Stone's question, Mary Frances Teniente stated that the engineer will be
addressmg issues If that is an official wetlands and drainage will be discussed and assessed.
Alex Hacker, 2630 Debra Street, Corpus Christi, Texas stated that his residence was
approxImately 150 yards from the proposed development. All the water drainage crosses Glenoak and
goes through the wildlife area. Looking at their project lay-out, about 80 percent will be pure run-off with
roofs and pavement and there will be an additional nine (9) acres that generate run-off. Approximately
30,000 gallons for run-off. My second concern is traffic. This development will add 300 cars to this area
and there are only two (2) exits on Glenoak Drive and on Waldron Road. At school time, there is a large
traffic problem. There will be environmental contaminatIon with this development and the drainage that
It will produce. The pond IS in front of my property and It will ruin our environment.
ElIzabeth Starr. 2638 Debra. Corpus Christi, Texas inquired whether there would a study
performed on the impact of this development. Most of the tourists that visit this area do so to view the
Red Hen Pond and most of the tourists gather on Glenoak. This development will have a negative fact on
the wetlands and theIr beauty.
Wally Maller, nUl Debra, Corpus Christi, Texas stated his opposition to this development. This
area has lImited mfrastructure for sewer and is not set up for increased traffic. There will be 60 foot
buildings in my view and this area is not set for drainage. There are kids walking to school and it would
be a danger to them with no sidewalks and the increased traffic.
(mdy Moore, Corpus Christi, Texas stated that her residence was located on the comer of
Glenoak and Laguna Shores Drive. Ms. Moore stated her opposition to the development of high-rise
Plannmg l'ommisslOn Minute,
Case No. 0206-02 (ChilI Pepper Propertlcs, In,;
Gary Caden3 and Timothy Lawsor
Page'
apartmenb There IS no crime, a very qUIet neIghborhood and thIS will totally demolish our area and
lower property values. I do have a problem with sixty to eighty foot bUIldings in that area. I don't oppose
progress fhese are small lots and thIS development ]S gomg to cause problems with the run-off and in
five (5) years I have already submitted two (2) flood claims with the eXIsting conditions. On 11.4 acres,
there could be a development of eighty (~O) Single-family reSIdences. There is also the problem of City
sewage and traffil
Mike Parker, 225 Glenoak, Corpus Christi stated that the infrastructure will not handle this
proposed development. Thl, area already has experienced some accidents and there is large traffic with
approximately thirty (30) school buses each day. There are no sidewalks for the children. The sewage
system backs up on a regular basis and this development will add to the problem.
lack Eckstme, 2745 Debra Lane, Corpus Christi, Texas stated that he owns three acres on the
west side of this development and there is a lot of water received on our property. If you look at the
property proposed, the property values will be ruined. Laguna Shores at high tide is under water. If this
kind of development IS approved. there are going to be major problems with drainage.
Mr. Games, 2853 Glenoak, Corpus Christi, Texas stated that he owns three (3) acres and all of
Debra drams toward his property and cuts between the back lot. The drainage is very heavy and fills up
between hIS property and the adjacent neighbor's property.
Scott CorlIss, 2922 Debra Lane, Corpus Christi, Texas stated that this development will triple the
traffic and this is not good planning. School traffic IS 90 percent of the traffic. This will impede the
marshland. R-IB IS surrounding the property and it would definitely negative the complete area. At the
next meetmg, there will be at least 30 percent of opposition. There will be an increased need for garbage
dumps Single-famIly residences would generate less amount of water There is a lot more spaces for
run-off on a smgle-family f\~sidence.
Pam Bush, 121 Glenoak, Corpus Christi, Texas stated that she IS leasing her property but the
owner of the property is very upset and opposes the development.
Leota Gaines, 2853 Gaines, Corpus Christi, Texas stated we have approximately three acres along
the Van Ha1en drainage ditch and all of Debra drains toward the east. It is blocked off and the culvert
under Glenoak was filled ill on the southside and as the water builds up. our property will have a lake.
Jason A\Tehusky, 233 Glenoak, Corpus Christi, Texas stated that traffic on Glenoak, Debra and
Laguna Shores Road is extensive. During high tide on Laguna Shores Road the area is flooded that
directs traffic through Glenoak.
\Vhen it does ram, we have water rushing across Debra Lane sometimes four inches deep. The
street Glenoak from Waldron Road to Debra is caving in and they are sewer problems and there is a hole
going under the pavement. This problem has not been fixed. Also, on Debra on the north end when it
rains the sanitary sewer can shoot as high as one foot.
Public hearing was closed.
('ommissioner Braselton stated that the property to the north IS already zoned an "A-I"
Apartment House DistrIct and the drainage would have to be addressed during platting.
Mary Frances Temente stated that there is sewer down Debra Lane and there is a gravity system
at the Riviera Lift Station.
Plannmg C\.mmission Minutes
Case No 0206-02 (Chili Pepper PropertIes. 1m
Gary Cadena and Timothy Lawso',)
Page 4
In answer to Commissioner Skrobarczyk's question, Ms. Holly stated our requirements are
msufficlent to protect thiS area under the current Storm Water Master Plan.
( ummlssioner Skrobarczyk stated that if you had sufficient flow from Glenoak Drive the backup
would be Immmized gomg into other subdivIsions. Even on eIghty (80) single family residences, there
will run-off drainage problems. Even a one story structure would block the view and this development
for Flour Bluff is long overdue and wIll probably occur.
( ommissioner Pus1ey stated that there is a lot of work to be done with the neighbors and the
developers When you reach City Council with this much opposition, it can be difficult.
( ommlSSioner Salazar stated from listening to the neighborhood, I do not know if tabling this
case would make a dIfference. The Flour Bluff is due for a development of this type. If the 20 percent
rule is Invoked, approval for the case will be difficult at the City Council level. It would be in the best
interests 1)1' the developer to work with the neighborhood
(rary Kedina, a developer on the project, 14813 Leeward Trail, Corpus Christi, Texas stated he
was the holder of a bIOlogy degree from A & M University and has experience with environmental
concerns Mr. Kedma stated their intent to maximize the use of this project and come to a balance that
works The area at the back and at the location of the possible pond, we have left it as a green area. If the
zoning request is approved. the appl1cant and developers will work with our engineers and the City to deal
with the drainage problem. Traffic concerns are an issue This development is more geared to vacation
homes and weekend homes There IS approximately an average often percent that live on the site all the
time at our current development. At this proposed development, short term rentals will not be allowed.
Regardmg concerns with the environment, this area already has an environmental problem and drainage
problems The applicant and developer will deal with the run-off on this property
In answer to Chainnan Stone's question, Mr. Kedina stated that their intention is to purchase Lots
2, 3 and ~ on McNeely If this does not occur, the applicant will build around those lots.
In answer to Commissioner Pusley's question, Mr. Kedina stated that a letter has been received
from the Corp of Engineers addressing Laguna Shores Road. The back issue is based on utilizing
vegetation as a green area to be used with the wildlife habitat. The proposed property will have to be
reviewed by our engmeer for the normal rainwater for Corpus Christi and divert water into different
directions per our master plan.
In answer to Comnllssioner Skrobarczyk's questIOn, Mr. Kedina stated that proposed is a
sidewalk and tennis courts bordering the wetlands The structure for the condominiums will be elevated
on stilts \vlth parking underneath,
In answer to ComrnisslOner Zamora's question, the landscaping plans will come later. In the past,
we have used natural native plants to be placed around the pool.
('ommissioner Pusley encouraged all concerned to get together prior to City Council to find
solutions for the development and concerns from the neighborhood.
Chairman Stone stated he felt uncomfortable approving the vote when the site plan may change if
the three (3) lots are not purchased.
Plannmg CommISSIon Mmllte~
Case No. !)2(1()-02 (ChilI Pepper Properlles. In:
Gary Cadl'na ,md Tlmoth, Lawson
Page S
M,)tlOn for approval of an "A -1" Apartment House Dlstnct was made by Commissioner Pusley
and seconded by CommIssioner Skrobarczyk. Motion passed unanimously with Chairman Stone
opposing and CommlSSlOner Huerta being absent.
H:\PLN. Dll{ \SHA REI )IG A I tWO R D\A G ENDlvIEM'2006\FebruaryI0206-02 Minu les ExcerpLdoc
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CHILI PEPPER PROPERTIES, INC., BY CHANGING THE ZONING
MAP IN REFERENCE TO 11.4 ACRES OUT OF WEST'S LAGUNA
MADRE PLACE, TRACT A, LOTS 1-5, TRACT B, LOTS 1 AND 4-8,
TRACT C, LOTS 1-6 AND 8-11, TRACT 15 (REPLAT), LAGUNA
MADRE ACRES TRACTS 13 AND 14, VOLUME 1363, PAGE 449,
FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "A-2"
APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE
PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Chili Pepper Properties, Inc., for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 8, 2006, during a meeting of the Planning Commission, and on Tuesday, April
11, 2006 during a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Christi, during which all interested persons were allowed to appear
and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 11.4 acres out of West's Laguna Madre Place,
Tract A, Lots 1-5, Tract B, Lots 1 and 4-8, Tract C, Lots 1-6 and 8-11, Tract 15 (replat),
Laguna Madre Acres Tracts 13 and 14, Volume 1363. Page 449, located west of
Laguna Shores Road and McNelly Street intersection and south of Glenoak Drive from
"R-1B" One-family Dwelling District to "A-2" Apartment House District. (Map 035029)
(Exhibit Concept/Layout)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed,
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed and shall take effect upon first
reading as an emergency measure on this 11 th day of April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April 5, 2006.
Henry Garrett.
Mayor, City of Corpus Christi
~~~~~
G ry . Smith
Assistant City Attorney
For City Attorney
H :\LEG-DIR'Shared\GarySlagendaI2006104-11 I0206-02RegularZoning Chili Pepper properties.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.
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-DIR\Shared\GaryS\agenda\2006\04-11 \0206-02RegularZoning Chili Pepper properties. doc
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19
CITY COUNCIL
AGENDA MEMORANDUM
CIty Council Action Date: April 11. 2006
AGENDA ITEM:
a) Public hearing to consider amending the zoning ordinance to provide for more uniform
regulation of signs and signage, by revising Article 11. "AB" Professional Office
District Regulations; Article 12. "B-1" Neighborhood Business District Regulations;
Article 12A "B-1 A" Neighborhood Business Regulations; Article 15, "B-3" Business
District Regulations; Article 16. "B-4" General Business District Regulations, Article
17. "B-5" Primary Business District Regulations; Article 20. "1-2" Light-Industrial
District Regulations; Article 21. "1-3" Heavy Industrial District Regulations; and
Article 33. Permits, Plats and Filing Fees
h) Ordinance amending the zoning ordinance to provide for more uniform regulation of
signs and signage, by revising Article 11. "AB" Professional Office District Regulations;
Article 12. "B-}" Neighborhood Business District Regulations; Articlel2A. "B-IA"
Neighborhood Business Regulations; Article 15. "B-3" Business District Regulations;
Article 16. "B-4" General Business District Regulations, Article 17. "B-5" Primary
Business District Regulations; Article 20. "1-2" Light-Industrial District Regulations;
Article 21. "1-3" Heavy Industrial District Regulations; and Article 33, Permits, Plats and
Filing Fees
BACKGROUND:
Staff has been working diligently with the sign and business industries and neighborhood
groups to gather mput on amendments to the sign regulations in addressing sign issues,
specifically the unlImited sign provision currently allowed within the zoning ordinance. Overall,
the objectIVe was to resolve the sign regulation issue by the Saratoga Boulevard Sign
Ivloratonum expiratIOn date of April 16, 2006.
Between November 10 and December 15,2005. four meetings were held with members of the
sIgn and business mdustries and neighborhood groups. After the December 15 meeting, an Ad
Hoc Sign Committee was established to allow representatives from each of the stakeholder
groups, staff and three Planmng Commission members to continue the discussion on the
proposed Sign Ordmance amendment.
The Ad Hoc Sign Committee held three meetings to develop sign amendments to the zoning
ordinance on January 26, February 2, and February 9, 2006. As a result of the meetings, a
consensus was reached to eliminate the unlimited sign provision in the zoning ordinance and to
l'stablish a maximum square footage and height standard for signs based on street
claSSIfications ie.. expressway. arterial, collector and local, rather than the current zoning
(hstrict method
Un February 22 and March 8. 2006 the Planning Commission held public hearings on the
proposed sign amendment as recommended by the Ad Hoc Sign Committee and supported by
staff. Such amendment was recommended for approval by the Planning Commission.
I', Council Agenda Ml'morandun-: (Slf'n....mcndmentl
\r"! [1 2l10()
PaLl,c 1
ISSUE:
f.; ehmmatc the unlimited sign provision within the zoning ordinance prior to the Saratoga
Boulevard Sign Moratorium expiration date of April 16, 2006. With the elimination of unlimited
signage, sign standards were established based on street classification ie., expressway, arterial,
l.;ol1ector and local.
REQUIRED elT\ COllNCIL ACTION:
fhe City CouncIl is requested to approve the proposed text amendment to the zoning ordinance to
provide for more uniform regulatIon of signs and signage, by revising Article 11. "AB"
Professional Office District Regulations; Article 12. "B-1" Neighborhood Business District
Regulations; Articlel2A. "'B-1A" Neighborhood Business Regulations; Article 15. "B-3" Business
District RegulatIOns; Article 1 6 ,. B-4" General Business District Regulations, Article 1 7. "B-5"
Pnmary Busmess District RegulatIOns; Article 20. "1-2" LIght-Industrial District Regulations;
ArtIcle 21 "}-3" Heavy Industrlal District Regulations; and Article 33. Permits, Plats And Filing
Fees.
FlJNDING:
None
CONCLUSION AND RECOMMENDATION:
Planning Commission and Staff recommend approval of the proposed text amendment to the zoning
ordinance providing for more uniform regulations of signs and signage.
rnb-
. Gunning, AICP,
Assistant Director of Development
Planning SectIOn
MNG.b'P
A ttachmcnts: Sign Moratorium Ordinance
Proposed Sign Regulations
Stf<~et Maps of Arterial Street sections regulated as Collectors
f-I PI.N.DIR\SHARJ' D\GlIlIWORDAGEND!\.1FM\2006\Apnl\Sign/\dmcnMemo4-1 I-06.doc
AN ORDINANCE
IMPOSING A 180-DA Y MORATORIUM ON THE ISSUANCE OF
PERMITS FOR THE ERECTION OR CONSTRUCTION OF
ATTACHED AND DETACHED ON-PREMISE SIGNS OVER 100
SQUARE FEET OR EXCEEDING 25 FEET IN HEIGHT AND
LOCATED ADJACENT TO THE SARATOGA BOULEVARD
STREET RIGHT OF WAY (SH 357) IN THE CITY OF CORPUS
CHRISTI; AND DECLARING AN EMERGENCY.
WHEREAS, the City of Corpus Christi would like to evaluate its sign ordinances
for possible updating and revisions;
WHEREAS, the City Council finds that it is in the best interest of the City to allow
staff an opportunity to review the existing sign ordinances and formulate alternate
proposals for consideration;
WHEREAS, in order to preserve the status quo pending further investigation and
evaluation of the possible changes to the sign ordinances, the City Council has
determined that a temporary moratorium should be imposed on the issuance of
permits for erection or construction of certain on-premise signs located adjacent
to the Saratoga Boulevard street right-of-way in the City of Corpus Christi;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That there shall be imposed, for a period of 180 days from the
effective date of this ordinance, a moratorium on the issuance of permits for
erection or construction ot any attached or detached on-premise sign larger than
100 square feet in area or erected so that any portion of the sign is at a height
greater than twenty-five (25) feet above the existing grade and that is located
adjacent to the Saratoga Boulevard (SH 357) street right-of-way in the City of
Corpus Christi.
SECTION 2. That City staff will review the Zoning Ordinance relating to signage
and work with the regulated sign industry, the development community, and
residents during the 180-day moratorium and formulate a proposal for changes to
be presented to the Planning Commission within 90 days of the effective date of
this ordinance.
SECTION 3. That all permits for on-premise signs larger than 100 square feet in
area or erected so that any portion of the sign is at a height greater than twenty-
five (25) teet above the existing grade and located along the Saratoga Boulevard
street right-ot-way, issued by the City before the effective date of this ordinance
shall be valid. Permits for on-premise signs larger than 100 square feet or
erected so that any portion ot the sign is at a height greater than twenty-five (25)
02f):121
feet above the existing grade and located along the Saratoga Boulevard street
right-of-way shall be issued if the plans for the signs are otherwise consistent
with the current sign regulations and were included in the application for a
building permit that was issued before the effective date of this ordinance.
SECTION 4. 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
18th day of October, 2005.
ATTEST:
~.
Armando Chapa
City Secretary
~ CORPUS CHRISTI
~
ry Garr tt
Mayor
APPROVED: October 18, 2005.
By: /]" j, I , /CA.J5rnCfL;
~ Smith
Assistant City Attorney
for City Attorney
Corpus Christi, Texas
Ie1'\--. day of 0 ~
,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: IlWe, therefore, request that
you suspend said Charter rule and pass this ordinance finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Council Members
The above ordinance was passed by the following vote:
John E. Marez
cy-
~
~L
wa~
Cf-11(
~-
~~
W;y-
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
02F;~23
PROPOSED SIGN TEXT AMENDMENT
APRIL 11, 2006
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revising Article 11, "AB" Professional Office District Regulations, Sections 11-2(12) and (14),
as ft1110ws
ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
Section 11-2 Use Regulations. A building or premises shall be used for the following
purposes:
*
*
*
(12) On premises signs
(a) Detached/freestanding sign:
fit-- One, 1 sided or 2 sided, on premise detaohed/freestanding
monument sign, excluding a directional sign, per street frontage
IS permitted provided it does not exeeed a sign area of twent)'
(20) square feet per side and a height of six (6) feet;
(ii) The signs may be illuminated provided it does not contain any
bare bulbs or neon lights. The sign, if illuminated, shall have
internal lighting, back lighting, or shielded, directional ground
lighting.
fW---Wall signs are permitted in addition to the detached/freestanding SIgn
f*flvidcd they comply 'Nith the following conditions:
(i) Each tenanVoccupant is permitted one sign attached flat against
the wall of the building provided the sign does not e-xceed four
(4) square feet in sign area and the total sign area f{)f the
individual building does not exceed twenty (20) square feet; the
sign shall not project more than eighteen (18) inches from the
wall and shall not extend above the height of the building;
fH+-- Each illuminated sign must be internally illuminated or back
lighted; and
(12) On-premise freestanding and wall si~ns are allowed and further regulated under
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS
AND FlLING FEES. Roof signs, neon signs and portable signs are prohibited.
*
*
*
(14). Additional signs-ma-y-- be permitted by conditional sign permit under Article 33 1
Reserved.
-----,
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revismg Article 12, '"B-1" Neighborhood Business District Regulations, Section 12-1 (7), as
follows:
ARTICLE 12, "B-]" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
Section 12-2 Use Regulations. A building or premises shall be used for the following
purposes:
*
*
*
(7) On-premIse freestanding and wall signs are allowed and further regulated under
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS
AND FILING FEES. - One (I) freestanding sign per premise pertaining only to the
use(s) conducted within the building(s), 'Nhich shall not exceed twenty (20) feet in
height and shall not exceed forty (10) square feet in area. The freestanding sign
shall not overhang or project into the public right of way and shall not utilize or
incorporate flashing, moving, or intermittent illumination. No portable sign is
permitted within this district. 'Null signs are permitted in addition to the
freestanding sign with no limitation in regard to size and number, however, shall
not uti lize or incorporate flashing, mo'.'ing, or intermittent illumination. All wall
~;igns must be attached nat against the v.-all of the building, shall not project more
than eighteen (18) inches from the wall of the building or structlH'e, and shall not
project above the height of the building.
SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revising Article 12A. "B-IA"' Neighborhood Business District Regulations, Section 12A-3(1),
(21. (3) and (4) as follows:
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ARTICLE 12A. "B-tA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
Section 12A-3 Sign Regulations. On-premise freestanding and wall signs are allowed and
further regulated under ARTlCLEJ_1~SUPPLEMENTAL SIGN REGULATIONS, PERMITS,
PLATS AND FILINGFEES,
12,~.. 3.1 -- Detached/freestanding signs;
ta-t--Ont: on premise detached/freestu-nding or monument sign, excluding
directional signage, for each street frontage along an expressway, frontage
road, arterial. or collector street.
(b) The permitted sign area of thirty (30) square feet per sign or one quarter
(1i'1) square foot for each linear foot of frontage along an express\vay,
frontage roud, arterial, or collector street, '.'lhichever is greater. In no event
shall each sign exceed a sign area of fifty (50) square feet.
(c) Each sign may be permitted a height not to exceed fifteen (15) feet.
(d) Signs must maintain a setback of at least ten (10) feet from all abutting
public rights of way lines.
Ie) Each detached/freestanding sign must be oriented tovrard the expressway,
frontage roud, arterial, or collector street and away from the local residential
street-:-
12,A.. 3.2 \Vall signs are permitted in addition to the detached/freestanding SIgns
provided they comply ',Nith the follo\ving conditions.
tu) Sign must be attached flat against the wall of the building, must not project
more than eighteen (18) inches from the wall of the building and must not
project above the eave or parapet of the building.
W One square foot of sign area for each linear foot of wall frontage with a door
for public use.
(0) The ,vall sign must not face the adjacent residentially zoned property, unless
the sign is at least tift)' (50) feet from the property is de','eloped with
nonresidential use and shall not utilize or incorporated flashing, moving, or
intermittent illumination.
121\ 3.4 12A 3.1 Roof and portable signs are not permitted.
SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revising Article 15, "B-3" Business District Regulations, Section 15-2(10), as follows:
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ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS
Section 15-2 Use Regulations. A building or premises shall be used for the following
purposes:
*
*
*
(10) On-premise freestanding and wall signs are allowed and further regulated under
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS
AND FILING FEES One (1) freestanding sign within the minimum depth of
each front yard, as specified in Articles 21 and 27 of this Ordinance, not to
exceed f{)rty (10) square feet in area or twenty fi';e (25) feet in height and
pertaining only to the use(s) conducted within the building(s) located on the
premise. In the event of t\VO (2) front yards overlapping at a oomer, the area of
o'.'erlap shall be designated as only one (I) front yard. A sign located 'within the
front yard shall not overhang or project into the publio right of '.vay nor utilize
or mcorporate flashing, moving, or intermittent illumination. Beyond the front
yard requirement, number and size of freestanding signs are unlimited however;
wi-thffi- this district no No portable sign is permitted. 'NaIl signs are permitted
i-B-addition to a freestanding sign 'Nith no limitation in regard to size and
number, however, shall not utilize or incorporate flashing, moving, or
intermittent illumination. All wall signs must be attached flat against the wall
of the building, shall not proj ect more than eighteen (18) inches from the wall of
the building or structure and shall not project above the height of the building.
SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revismg Article 16, "B-4" General Business District Regulations, Section 16-2(10), as follows:
ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS
Section 16-2 Use Regulations. A building or premises shall be used for the following
purposes:
*
*
*
(10) On-premise freestanding and wall signs are allowed and further regulated under
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS. PLATS
AND FILING FEES sign One (I) freestanding sign within the minimum depth
of each front yard, as specified in f~rticles 21 and 27 of this Ordinance, not to
exceed forty ('10) square feet in area or h'lenty five (25) feet in height and
pertaining only to the use(s) eond-t:lcted within the bailding(s) located on the
premise. In the event of two (2) front yards overlapping at a comer, the area of
overlap shall be designated as only one (I) front yard. L^~ sign located within the
front yard shall not overhang or project into the public right of 'Nay nor utilize
or incorporate flashing, moving, or intermittent illumination. Beyond the front
yard requirement, number and size of freestanding signs are unlimited however;
within this district 00 No portable sign is permitted. Wall signs aie permitted
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in addition to a freestunding sign with no limitution in regard to size and
number, hO'.vever, shall not utilize or incorporate flashing, mo':ing, or
intermittent illumination. 1'.11 wall signs must be attached flat against the wall
of the building, shall not project more than eighteen (18) inches from the wall of
the building or ~;tructure and shall not project above the height of the building.
SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revising Article 17, "R-5" Primary Business District Regulations, Section 17-2(8), as follows:
ARTICLE 17, "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS
Section 17-2 Use Regulations. A building or premises shall be used for the following
purposes:
*
*
*
(8) Outdoor a<hertising structure- On-premise freestanding and wall signs are
allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN
REGULATIONS, PERMITS, PLATS AND FILING FEES. If the sign is
Freestanding signs,i-t shall not overhang or project into the public right-of-way.
If the sign is attached to a Wall signs of the building, it may project into the
public right-of-way for a distance of not more than twenty-four (24) inches with
a clear height of nme (9) feet above the sidewalk and shall not extend above the
height of the building. If the sign is placed on the edge of a canopy or marquee,
the letters shall not project above or below the canopy or marquee; and, if
attached to the underside of the canopy or marquee, it shall not extend outside
the line of the canopy or marquee and shall maintain a clear height of eight (8)
feet between the sidewalk and the bottom of the sign. No portable sign is
~mitted. Signs III this district are further regulated by Ordinance No. 21973,
High\, ay Beautification Ordinance, implementing the Texas Highway
Beautification Act (.Art. 1177 9/\, V.:\.C.S. f.rt. IV, Sections 1.01 1.12 Texas
Transportation Code,. Chapters 391, 392, and 393) which ordinance by this
reference is hereby adopted as the supplementary outdoor sign regulations for
this zoning district and by this reference is incorporated herein as though set
forth in its entiret)
SECTION 7. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revising Article 20, "1-2" Light Industrial District Regulations, Section 20-2(2), as follows:
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ARTICLE 20, "1_2" LIGHT INDUSTRIAL DISTRICT REGULATIONS
Section 20-2 lJse Regulations. A building or premises shall be used for the following
purposes:
*
*
*
(2) freestanding sign and billboard One (1) freestanding sign not to exoeed forty
(10) square feet in area or twenty five (25) feet in height is allo~.Yed within the
minimum depth of each front yard, as specified in i\rtic1es 21 and 27 of this
Ordinance Beyond the front yard requirement, the number and size of freestanding
signs are unlimited; however, 'Nithin this district no portable sign is permitted. Wall
signs are permitted in addition to a freestanding sign with no limitation in regard to
size and nlHllber, hO\vever, shall not utilize or incorporate flashing, moving, or
intermittent illumination. ,-\11 wall signs must be attached flat against the wall of the
building, ~;hall not project more than eighteen (18) inches from the wall of the
building or structure, and shall not project above the height of the building.
(2) On-premise freestanding and wall signs are allowed and regulated under
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS. PERMITS, PLATS
AND FlUNG FEES. Portable signs are not allowed. Signs in this district are further
regulated by Ordinance No. 21973, Highway Beautification Ordinance,
. 1 . h'r H' h B 'fi . A (^ 44++ 9^ 'l' ^ GS ^
Imp emenllng t e ex as Ig way eautI IcatlOn ct" ~rt. "~, ..,.., . ., Ji.
IV, Sections 1.01 i.l2 Texas Transportation Code, Chapters 391. 392, and 393)
which ordinance by this reference is hereby adopted as the supplementary outdoor
sign regulations for this zoning district and by this reference is incorporated herein
as though set forth in its entirety.
SECTION 8. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revising Article 21, "[ -3" Heavy Industrial District Regulations, Section 21-2(2), as follows:
ARTICLE 21. "1-3" HEAVY INDUSTRIAL DISTRICT REGULATIONS
Section 21-2 Use Regulations. A building or premises shall be used for the following
purposes:
*
*
*
(2) freestanding sign and billboard One (I) freestanding sign not to exceed forty
('10) square f'0et in urea or twenty five (25) feet in height is allo':led within the
minimwn depth of eaoh front yard, as specified in Artieles 24 and 27 of this
Ordinance. In the e'o'ent of two (2) front yards overlapping at a comer, the area of
overlap shall be designated as only one (1) front yard. A sign located within the
front yard shall not utilize or incorporate flashing, mo';ing, or intermittent
illumination and shall not overhang or project into the public right of way. Beyond
the front yard requirement, the number and size of freestanding signs are unlimited;
hov.'ever, '.Nithin this district no portable sign is permitted. Wall sigHS are permitted
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in addition to a freestanding sign "'lith no limitation in regurd to size and number,
hm",ever, :;hall not utilize or incorporate flashing, moving, or intermittent
illumination. All wall signs must be attached flat against the wnll of the building,
shall not pmject more than eighteen (18) inches from the wall of the building or
structure, and shall not project above the height of the building.
(2) Un-premise freestanding and wall signs are allowed and regulated under
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS
AND FILING FEES. Portable signs are not allowed. Signs in this district are
further regulated by Ordinance No. 21973, Highway Beautification Ordinance,
implementing the Texas Highway Beautification Act (Art. 1177 9A, V.,^...C.S. "'\11.
AL, Sections 1.01 "1.12 Texas Transportation Code, Chapters 391. 392, and 393)
which ordmance by this reference is hereby adopted as the supplementary outdoor
sIgn regulations for this zoning district and by this reference is incorporated herein
as though set forth in its entirety.
SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by
revlsmg Article 33, PERMITS, PLATS AND FILING FEES, Sections 33-1.02, 33-1.03, 33-
1.04, and 33-1.05, as follows:
ARTICLE 33. PE.RlVHTS, PLATS ,A..ND FILINC FEES SUPPLEMENTAL SIGN
REGULA TIONS, PERMITS, PLATS AND FILING FEES
*
*
*
33 1.02 Cooditiooal Sign Permits.
In districts specified in Section 33 1, signage in e){cess of that allo'Ned by right
in u district can be permitted as a conditional use with appro'.'al of the Planning
Commission. Such use would be judged appropriate upon review of a site plan
and sign elevation. The applicant '.",ill be required to demonstrate compliance
with the guidelines set forth in this Ordinance relating to (1) the use, (2) the lot
size, (3) the lot frontage, (1) the adjacent uses, (5) the hazard to passing traffic
und (6 ) the effect on the overall val ue 0 l' the area.
33 J .03 Conditional Sign Permits. "AB" Distriet
Purpose: The number of signs, sign height, and sign area shall be
commensurate 'Nith the relative size of the building, lot area and lot frontage.
The Planning Commission shall have the authority to approve signage less than
the maximum signage permitted under this section based on the charaoteristics
of the area and the property, sign size, sign design and its appropriateness to the
area-:
fA.. The Planning Commission, in the manner set forth below, may
consider conditional use sign permits to authorize increases in sign area,
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sigh height, sign design or the number of signs in excess of that allowed
by right in the '''^~B'' Professional Office distriE:lt.
tl+ An increase in sign area or height is limited to one sign
on the premise that is located 'Nithin the front yard
setback and the increased sign is limited to a total of no
more than thirt), (30) square feet of sign area and twelve
(12) feet in height.
(2) Additional monument signs may be permitted provided
that each sign identifies a separate building and does not
exceed a sign area or height as stated in seetion 11
2(12)(a)
EJ}- Wall sign area may be increased to no more than thirty
two (32) square feet per building, but in no event shall
any tenant/occupant have a sign greater than four (4)
square feet.
B. As part of the application for a Conditional Sign Permit, the applicant
must submit the f{)llo\ving:
f-l+- .\ detailed site plan drawn to scale and indicating the
existing or proposed location ofbuilding(s), parking area,
driye aisle(s), landscaped area(s) and monument sign(s),
(It- An ele','ation plan of the proposed mon-ument sign
indicating the height, sign
t.B--- f.n elevation plan of the building ''vall 'Nhich contains the
\vall sign, indicating sign design, sign area, t)lJe of
illumination, types of material, and colors proposed.
33 1.04 Conditional Sign Permits Business Districts.
The Planning Commission, in the manner set forth belo'll, may consider
conditional use sign permits to authorize increases to sign area, sign height, or
the number of signs in excess of that allo'lt'ed by right in those zoning districts
identified by title as "Business Districts. "
t\-;-- The Plar.ning Commission must arrive at findings that one or more of
the following exist:
I. Conditions which make matter of right commercial SIgns
umeadable from the adjoining roadway:
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fa+---- i\ permanent visual obstruction exists such as, but not
limited to, adjacent buildings or structures other than
stgfl5:
t--bt-~ The location or relocation of entrance way(s) to the
business in relation to the public right of way, provided
that such sign increase furthers traffic movement
objectives such as reducing the number of entrance ways.
.-€t-.-- :\ change in traffic pattern.
ld) The distance of the sign from the adjoining public right
of way.
b--- The signs are not commercial and cur.not be vie'''' from the public
right of way and do Rot exceed four (-1) square feet in area.
&- - The Plar.ning Commission must further determine:
--h--- That such increases shall:
fat- Be commenS\Hate with the frontage, total lot area and
distance of sign(s) from the public right of 'Nay.
fbt-- Be consistent with other businesses in the general area
and serve the public interest as opposed to an individual
benefit.
fet- Be consistent with general traffic safety in the subject
area and not impair a driyer's line of sight within 500
feet of a fixed traffic control device.
fdt- If commercial signage and viewable from the public
right of 'Nay, not to be located within two hundred (200)
feet fronting a residential zoning district sharing the same
right of way.
te-t Not exceed the matter of right sign area or height
allovt'ance by more than 50 percent, nor the number of
signs allowed by more than 100 percent.
ff}---- Not allow sign placement in setback areas .,....here signs
are not allowed as a matter of right unless such signs:
(I) Do not exceed five (5) feet in height.
(2) Do not exceed one quarter square foot f-or e','ery
front foot of lot area, nor f-orty (40) square feet
tetah
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;h-- All other signage on the premises are conforming.
33 1,05 -- f.ny person, firm, or corporation, upon filing a request with the
Department of Plar.ning for a conditional permit for a sign as required of
Subsection 33 1.01, shall be required to pay in advance th.e eonditioool
sign permit application fee published in the Development Services fee
schedule, which is adopted under Chapter 11, Code of Ordinances.
.'\n application for a conditional permit initiated by the City Council, the
Plar.ning Commission, or any City Staff member acting in his capacity
as City Staff member shall be without fee.
33-1.02
FREESTANDING AND WALL SIGN.
33-1.02.01 Single Tenant Freestanding Sign - One freestanding sign shall be
permitted per street frontage or per lot and shall pertain only to the use(s)
conducted within the building( s) located on the premise. Electronic
continuous message boards are permitted within the overall freestanding sign
design. Such message on the electronic board shall not flash or blink.
(A) Freestanding signs placed within the minimum front yard depth as
specified in Articles 24 and 27 are not to exceed sixty-four (64) feet in area or
twenty (20) feet in height. Such sign located within the front yard shall not
overhang or proiect into the public right-of-way nor utilize or incorporate
flashing illumination. In the event two (2) front yards overlap at a comer, the
area of overlap shall be designated as only one (1) front yard,
J.IDFreestanding sign located beyond the front yard requirement in the "AB"
Professional Office District, "B-1" Neighborhood Business District, "B-IA"
Neighborhood Business District, "B-3" Business District, "B-4" General
Business District, "B-5" Primary Business District, "B-6" Primary Business
Core, "1-2" Light-Industrial District and "1-3" Heavy Industrial District are
~egulated per street type as classified in the City of Corpus Christi
Transportation Plan and as listed below and per Section 33-1.02.07 Arterial
Street Sections Regulated As Collector Street Sections:
Expressway/Freeways
. Sign Area: 350 square feet (maximum)
. Sign Height: 65 feet (maximum)
Arterials
. Sign Area: 200 square feet (maximum)
. Sign Height: 40 feet (maximum)
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Collectors
. Sign Area: 64 square feet (maximum)
. Sign Height: 20 feet (maximum)
.33-1.02.02 Single Tenant Wall Sign - The square footage for electric, non-electric,
attached or painted wall signage on any building/structure shall not exceed
25% of the building wall square footage for each elevation. All wall signs
must be attached flat against the wall of the building, shall not project more
than eighteen (8) inches from the wall of the building or structure and shall
not project above the height of the building. Such sign shall not utilize or
incorporate flashing or blinking illumination. Electronic continuous message
boards are permitted within the overall wall sign design. Such message on
the electronic board shall not flash or blink. Wall signage shall pertain only
10 the use( s) conducted within the building( s) located on the premise.
33-1.02.03 Multi- Tenant (3 or more Tenants) Freestanding Sign - One 0)
freestanding sign for building/same project/development of 25,000 square
feet or less or two (2) freestanding signs for building/same
Pl:mect/development greater than 25,000 square feet shall be permitted, per
street frontage pr lot or pad site individual primary building and shall pertain
onh to the use(s) conducted within the building(s) located on the premise,
Signs for building/same proiect/development shall be separated bv a
minimum of 150 feet. Electronic continuous message boards are permitted
within the overall freestanding sign design. Such message on the electronic
board shall not flash or blink.
v1L Freestanding sign placed within the mInImUm front yard depth as
specified in Articles 24 and 27 are not to exceed sixty-four (64) feet in area or
twenty (20) feet in height. Such sign located within the front yard shall not
overhang or proiect into the public right-of-way nor utilize or incorporate
flashing illumination. In the event of two (2) front yards overlap at a corner,
the area of overl@__shall be designated as only one 0) front yard.
1ID.Freestanding sign located beyond the front yard requirement in the "AB"
Professional Office District "B-1" Neighborhood Business District "B-IA"
Neighborhood Business District, "B-3" Business District, "B-4" General
Business District, "B-5" Primary Business District "B-6" Primary Business
\.'ore, "1-2" Light-Industrial District and "1-3" Heavy Industrial District are
regulated per street type as classified in the City of Corpus Christi
Transportation Plan and as listed below and per Section 33-1,02.07 Arterial
Street Sections Regulated As Collector Street Sections:
Expressway/Freewavs
. Sign Area: 650 square feet (maximum)
. Sign Height: 65 feet (maximum)*
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Arterials
. Sign Area: 500 square feet (maximum)
. Sign Height: 50 feet (maximum)
Collectors
. Sign Area: 250 square feet (maximum)
. Sign Height: 32 feet (maximum)
*Up to an additional 10 feet may be added if the adiacent street grade
is elevated. The difference in elevation between the property and the
street grade shall be the determining factor in the height allowed.
(C l The same proiect/development, greater than 25,000 square feet, in size, shall
be permitted additional freestanding sign (s) for every 500 feet of street
frontage calculated beyond the initial 500 feet of street frontage. Each sign
shall be separated by a minimum of 150 feet. Same proiect/development
located on an arterial and partially on a collector, but within 500 feet of an
arterial may use arterial sign standards along the collector section of the
development.
33-1.02.04 Multi-Tenant Wall Sign - Electric, non-electric, attached and/or painted
wall signage on any building/structure shall not exceed 80% of the individual
tenant space length and shall be unlimited as to height. All wall signs must
be attached flat against the wall of the building, shall not proiect more than
eighteen (18) inches from the wall of the building or structure and shall not
project above the height of the building. Such sign shall not utilize or
incorporate flashing or blinking illumination. Electronic continuous message
boards are permitted within the overall sign design. Such message on the
electronic board shall not flash or blink. Wall signage shall pertain only to
the, usee s) conducted within the building( s) located on the premise.
33-1.02.05 Accessory Freestanding Sign for Specific Uses- Listed uses that
customarily display pricing of a product and require separate business
signal2:e due to industry standards are allowed one (1) additional freestanding
sign per street frontage and are as follows:
o Uses
I. Fueling station
2. New auto/truck sales and services
o Number
1. I (one) sign per street frontage or lot
2. 1 (one) sign for each different manufacturer
o Height*
1. & 2. 33 feet maximum*
H ,', PI.', -DIR ISH AR FDICi '\11\ WORD\TextAmendmenl\ZngOrdTxAdmntSignsCCtexl.doc
]2
";ize. ___ __~ _
1. & 2. 165 feet maximum
"'Up to an additional 10 feet may be added if the adiacent street grade is
elevated. The difference in elevation between the property and the street
grade shall be the determining factor in the height allowed.
33-1.02.06 Exempt Signs - On-premise directional signs for entrance and exit,
menu boards and directory boards are exempted from the regulations of the
zoning ordinance. Menu boards and directory boards shall only communicate
to the on-premises public. Placement of menu boards and directory boards
should be to the interior of a site so they are not clearly visible and legible
from the exterior of the property. Such boards are not regulated. as to the
sign area. number and height calculations.
33-1.02.07 Signage for single or multi-tenant uses located along arterial street
sections with residential proximity is regulated by collector sign standards.
Arterial street sections regulated with collector street standards are as
follows:
North to South Arterial (right-of-ways)
. McKinzie Rd. - from Atlanta St. south to the north side of Stonewall Blvd. (Exhibit
ID
. Rand Morgan Rd. - from Up River Rd, south to the north side of Wilkins St.
(Exhibit 9)
. Greenwood Rd. - from Lawton St. south to the north side of Gollihar Rd. (Exhibit
3.4,& 10)
. Weber Rd, - from McArdle Rd. south to the north side of Delphine St. (Exhibit 4 &
ill
. Everhart Rd. - from Avalon St. south to the north side of Jacquelyn Dr.. from
Janssen Dr. south to the north side of Mt. Vernon Dr,. Shadowbend Dr. south to
Oso Pkwy. (Exhibit 5.12 &13) & (Exhibit 7B & 12)
. Airline Rd. - from Gregory Dr. south to Belmeade Dr. and Wooldridge Rd. south to
Sandra Ln. (Exhibit 5,12 & 13) & (Exhibit 13 & 14)
. Cimarron Rd. - from Dunbarton Oak Dr. to the north side ofCimarron Lake Dr.
(Exhibit 13 &14)
. Waldron Rd. - from Don Patricio south to the north side of Caribbean Dr. (Exhibit
122
H.' i'l~', ~lllR \SH \REDlG .\IL' 'VORD\TextAmendment\ZngOrdTxAdmntSignsCCtext.doc
13
East to West Arterial (right-of-ways)
. Ocean Dr. /Shoreline Blvd. - from Resaca St. east to the west side of Country Club Dr.
(Exhibit I A), (Exhibit IB), (Exhibit lC) & (Exhibit ID)
. Alameda St. - from Angel Ave. to the west side of Brawner Pkwy. (Exhibit 2)
. Home Rd.- from Old Brownsville Rd. east to west side of Cross-Town
Expressway (Exhibit 3,4 & 10) & (Exhibit 4)
. Gollihar Rd. - from Greenwood east to the west side of Vestal St.. Kilgore St. east
to the west side of Southwood St., Randall Dr. east to the west side of Sequoia St.
and Dody St. east to the west side of Marie St. (Exhibit 3,4 &10), (Exhibit 4) &
(Exhibit 4 & 11)
. McArdle Rd, - from Holmes Dr. east to the west side of Dorthy Drive. (Exhibit 5,12
& 13)
. Holly Rd.- from the east side of (driveway entrance) at 3338 Holly Road east to
the west side of Carroll Lane and Nelson St. east to the west side of South Staples
Street. (Exhibit 6A) & (Exhibit 13)
. Williams Drive - west side Bk. I, Lt. 9 & Bk, 14, Lt.l1 to the east side ofBk.4, Lt.
15 & Bk. 11, Lt. 16 - Gardendale Subdivision (Exhibit 6B)
. Yorktown Blvd. - from Weber Rd. east to the west side ofS. Sta{>les St., Briecesco
Dr. east to the west side of Annemasse St., and Casa Blanca Ct. east to the Laguna
Madre. (Exhibit 7A), (Exhibit 7B & 12), (Exhibit 7C) & (Exhibit 7D)
33-1.02.08 Signs installed must comply with the provisions of the Zoning
Ordinance, City Code of Ordinances, the City of Corpus Christi Administration of
Technical Construction Codes that refers to Master Electrician required for installation
of electrical signs and the International Building Code (IBC) specifying sign
requirements and engineer seal certifying signs over ten (10) feet in height comply with
the wind code
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AN ORDINANCE
AMENDING THE ZONING ORDINANCE TO PROVIDE FOR MORE
UNIFORM REGULATION OF HEIGHT, SIZE, AND NUMBER OF SIGNS
AND SIGNAGE, BY REVISING ARTICLE 11. "AB" PROFESSIONAL
OFFICE DISTRICT REGULATIONS; ARTICLE 12. "B-1"
NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS;
ARTICLE12A. "B-1A" NEIGHBORHOOD BUSINESS REGULATIONS;
ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS; ARTICLE
16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS, ARTICLE
17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS; ARTICLE
20. "1-2" LIGHT-INDUSTRIAL DISTRICT REGULATIONS; ARTICLE 21.
"1-3" HEAVY INDUSTRIAL DISTRICT REGULATIONS; AND ARTICLE
33. PERMITS, PLATS AND FILING FEES; PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN
EFFECTIVE DATE; AND DECLARING AN EMERGENCY.
WHEREAS, on October 18, 2005, City Council approved a moratorium on the
issuance of sign permits to allow staff to address the proliferation of signs along
arterial roadways,
WHEREAS, staff has conducted meetings with representatives of the businesses that
utilize and rely on signs and signage, with area residents, and with representatives of
the sign industry:
WHEREAS, the comments from the meetings were considered by the Ad Hoc Sign
Taskforce, consisting of representatives from stakeholder groups, and a draft
regulation was agreed upon;
WHEREAS, the draft regulation was reviewed by the Planning Commission on
February 22, 2006, and March 8. 2006; and
WHEREAS, with proper notice to the public, public hearings were held on
Wednesday, March 8, 2006, during a meeting of the Planning Commission, and on
Tuesday, April 11, 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 regulations proposed shall apply only to signs that communicate to
the off-premise public;
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, THAT:
H:\LEG-DlR\garyws\garyws\agenda\2006\04-11 \ZngOrdTxAdmntSigns.ldoc
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 11, "AB" Professional Office District Regulations, Sections
11-2( 12) and (14 kas follows:
ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
Section 11-2 Use Regulations. A building or premises shall be used for the following
purposes:
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(12) On promisos signs
(a) Detached/freostanding sign:
(i) One, 1 sidod or 2 sided, on premise dotochedlfroestanding
monument sign, excluding a directional sign, per street
frontago is permitted pro':ided it doos not excoed a sign
area of twenty (20) square foot por sido and a height of six
(6) foot;
(ii) Tho signs may bo iIIuminatod provided it does not contain
any bare bulbs er neon lights. The sign, if illuminated, shall
have internal lighting, back lighting, or shielded, directional
ground lighting,
(b) Wall signs are permitted in addition to the deklched/freestanding sign
provided they comply '/lith the following conditions:
(i) Each tenant/occupant is pormittod one sign attached flat
against the 'Nail of the building provided tho sign does not
exceed four (4) square foot in sign area and tho total sign
area for the individual building doos not exceed tvlenty (20)
square feet; the sign shall not project more than eightoon
(18) inches from tho ':1311 and shall not extend above the
height of the building;
(ii) Each illuminated sign must be internally illuminated or back
lighted; and
(12) On-premise freestandina and wall sians are allowed and further reaulated
under ARTICLE 33, SUPPLEMENTAL SIGN REGULATIONS.
PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and
portable signs are prohibited.
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(14) Additional signs may be permitted by condition:)1 sign permit under Article
~ 1 Reserved.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 12, "B-1" Neighborhood Business District Regulations,
Section 12-1 (7), as follows:
ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
Section 12-2 Use Regulations. A building or premises shall be used for the following
purposes:
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(7) On-premise freestanding and wall signs are allowed and further regulated
under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS. PERMITS,
PLATS AND FILING FEES. - One (1) freestanding sign per premise
pertaining only to tho use(s) conducted within the building(s), which shall not
exceed twenty (20) feet in height and shall not exceod forty (40) square feet
in area. Tho freestanding sign sh311 not overh3ng or projoct into the public
right of way and sh311 not utilize or incorpor3te flashing, moving, or
intermittent illumination. No portable sign is permitted within this district.
\N311 signs am pormitted in addition to the freestanding sign with no
limitation in regard to size and number, ho\\~ver, shall not utilize or
incorporate flashing, moving, or intormittent illumination. All wall signs must
be att3ched flat 3g3inst the '11311 of the building, sh311 net project more than
eighteon (18) inches from the 'Nail of the building or structure, 3nd shall not
project abeve the height ef the building.
SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 12A, "B-1A" Neighborhood Business District Regulations,
Section 12A-3(1), (2), (3) and (4) as follows:
ARTICLE 12A. "B-1A" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
Section 12A.3 Sign Regulations. On-premise freestandina and wall sians are
aftowed and further reaulated under ARTICLE 33. SUPPLEMENTAL SIGN
REGULATIONS. PERMITS. PLATS AND FILING FEES.
12A 3.1
Detached/freestanding signs;
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(a) One on premiso detached/freestanding or monument sign, excluding
directional signago, for each streot frontago along an expres&.vay,
frontage road, arterial, or collector street.
(b) The permittod sign area of thirty (30) square foet per sign or one
quartor (1/4) square foot for oach Iinoar foot of frontago along an
express'Nay, frontago road, artorial, or collector street, \\'hichover is
greator. In no evont shall each sign oxcood a sign area of fifty (50)
squaro foot.
(0) Each sign may bo pormitted a hoight not to oxoeed fifteon (15) feot.
(d) Signs must maintain a setback of at least ten (10) foot from all
abutting public rights of way Iinas.
(e) EaGh detachodlfroostanding sign must be oriented toward the
expros&\\<ay, frontage road, artorial, or colloctor stroot and a'l/-3.Y from
tho local residontial street.
12ft. 3.2 Wall signs aro permitted in addition to tho detachod/freestanding signs
providod thoy comply \t:ith the following conditions.
(a) Sign must be attached flat against tho wall of the building, must not
project more than oightoon (18) inches from the 'I.'all of the building
and must not projoct above tho eave or parapet of the building.
(b) One square foot of sign area for oach linoar foot of wall frontago 'Nith
a door for public uso.
(c) The '.vall sign must not face the acijacent residentially zoned property,
unless the sign is at least fifty (50) feet from the property is
developed '!lith nonresidential uso and shall not utilize or
incorporated flashing, moving, or intermittont illumination.
12A 3.3 Illumination of signs: IlIuminatod signs shall be intemally illuminatod
or backlit.
12A 3.4 12A 3.1 Roof and portable signs are not permitted.
SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 15, "B-3" Business District Regulations, Section 15-2(10),
as follows:
ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS
Section 15-2 Use Regulations. A building or premises shall be used for the following
purposes:
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*
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SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 16. "8-4" General Business District Regulations, Section
16-2(10), as follows
ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS
Section 16-2 Use Regulations. A building or premises shall be used for the following
purposes:
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(10) On-premise freestandinQ and wall siQns are allowed and further
reQulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS.
PERMITS. PLATS AND FILING FEES sign One (1) freestanding sign
within the minimum depth of eaoh front yard, as specified in Artioles 24
and 27 of this Ordinance, not to excoed forty (10) square foel in area or
twenty five (25) f-oet in hoight and pertaining only to the uso(s)
conducted 'JJithin the buiJding(s) located on the premise. In the event of
tv/a (2) front yards overlapping at a comer, tho area of overlap shall be
designatod as only one (1) front yard. A sign located within the front
yard shall not overhang or project into the public right of \\(ay nor utilize
or incorporate flashing, moving, or intermittent illumination. Beyond the
front yard requiremont, numbor and size of freestanding signs are
unlimited howover; within this district 00 No portable sign is permitted7
Wall signs are permitted in addition to a freestanding sign 'Nith no
H\lE< ,-DlR\gal}'\\sgalJ'vslagenda 200604-11 \ZngOrdTxAdmntSigns 1 doc
limitation in regard to size and number, hov.l{)vor, shall not utiliz-o or
incorporate flashing, moving, or intermittent illumination. All wall signs
must be attached flat against the '.'.lall of the building, shall not projost
more than eightoon (18) inches from the wall of tho building or structure
and shall not projoct above the height of tho building.
SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 17, "B-5" Primary Business District Regulations, Section
17-2(8), as follows:
ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS
Section 17-2 Use Regulations. A building or premises shall be used for the following
purposes:
*
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*
(8) Outdoor advertising struoture On-premise freestandina and wall sians
are allowed and further reaulated under ARTICLE 33. SUPPLEMENTAL
SIGN REGULATIONS, PERMITS. PLATS AND FILING FEES. U--tAe
sign is Freestanding signs,it shall not overhang or project into the public
right-ot-way. It the sign is 3ttachod to 3 Wall sians ot the building, it may
project into the public right-ot-way for a distance of not more than
twenty-four (24) inches with a clear height of nine (9) feet above the
sidewalk and shall not extend above the height of the building. If the
sign is placed on the edge of a canopy or marquee, the letters shall not
project above or below the canopy or marquee; and, if attached to the
underside ot the canopy or marquee, it shall not extend outside the line
of the canopy or marquee and shall maintain a clear height of eight (8)
feet between the sidewalk and the bottom of the sign. No portable sian is
permitted. Signs in this district are further regulated by Ordinance No.
21973, Highway Beautification Ordinance, implementing the Texas
Highway Beautification Act (Art. 4477 QA, \I.A.C.S. Art. IV, Sections
~.01 4.12 Texas Transportation Code, Chapters 391. 392. and 393)
which ordinance by this reference is hereby adopted as the
supplementary outdoor sign regulations for this zoning district and by
this reference is incorporated herein as though set forth in its entirety.
SECTION 7. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 20, "1-2" Light Industrial District Regulations, Section 20-
2(2), as follows:
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ARTICLE 20. "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS
Section 20-2 Use Regulations. A building or premises shall be used for the following
purposes:
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(2) freestanding sign and billboard One (1) freostanding sign not to
exceed forty (40) square feet in ama or twenty five (25) f-8et in height is
allm\'ed \vithin the minimum depth of e:Jch front yard, as specified in Articles
24 and 27 of this Ordinance Beyond the front yard requirement, the number
and size of freestanding signs are unlimited; however, within this district no
portable sign is permitted. Wall signs are permitted in :Jddition to a
freestanding sign with no limitation in rogar{j to size and number, however,
sh:J1I not utilize or incorporate flashing, moving, or intermittent illumination.
All wall signs must be att::lChed flat against the wall of the building, shall not
project more than eighteen (18) inches from the '.":311 of the building or
structum. and shall not projoct abovo the height of the building.
(2) On-premise freestandino and wall sions are allowed and reoulated
under ARTICLE 33, SUPPLEMENTAL SIGN REGULATIONS. PERMITS.
PLATS AND FILING FEES. Portable signs are not allowed. Signs in this
district are further regulated by Ordinance No. 21973, Highway
Beautification Ordinance, implementing the Texas Highway Beautification
Act (Art. 1177 eA. V.A.C.S. Art. IV. Sections 1.01 4.12 Texas
Transportation Code. Chapters 391, 392. and 393) which ordinance by this
reference is hereby adopted as the supplementary outdoor sign regulations
for this zoning district and by this reference is incorporated herein as though
set forth in its entirety.
SECTION 8. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 21, "'-3" Heavy Industrial District Regulations, Section 21-
2(2}, as follows:
ARTICLE 21. "1-3" HEAVY INDUSTRIAL DISTRICT REGULATIONS
Section 21-2 Use Regulations. A building or premises shall be used for the following
purposes:
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*
(2) freestanding sign and billboard One (1) freestanding sign not to oxceed
forty (40) square feet in area or twenty fivo (25) feet in hoight is allo'Nod
'Nithin the minimum depth of each front yard, as spocified in Articles 24 and
27 of this Ordinance. In tho ovent of WIO (2) front yards overlapping at a
cornor, the area of ovorlap shall be designated as only one (1) front yard. A
sign located '....ithin the front yard shall not utilize or incorporate flashing,
H:\IE( i-DIR\garvws\gar. ws\agenda\200o\04-11 \ZngOrdTxAdmntSigns l.doc
moving, or intormittent illumination and shall not overhang or projoct into the
public right of ....~ay. Beyond the front yard requiroment, tho number and size
of fro9standing signs are unlimited; howover, within this district no portable
sign is pOAllittod. Wall signs are permitted in addition to a freestanding sign
with no limitation in regard to siz{) and numbor, however, sh311 not utilizo or
incorporate flashing, moving, or intermittent illumination. 1\11 '.vall signs must
be attached flat against the 'Nail of the building, shall not projoct more than
eighteen (18) inches from tho \\1311 of the building or structure, and shall not
project above the height of the building.
(2) On-premise freestandina and wall sians are allowed and reaulated under
ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS. PERMITS. PLATS
AND FILING FEES. Portable signs are not allowed. Signs in this district are
further regulated by Ordinance No. 21973, Highway Beautification
Ordinance, implementing the Texas Highway Beautification Act (Art. 4477
9A, V./\.C.S. Art. IV, Sootions 4.01 4.12 Texas Transportation Code.
Chapters 391. 392, and 393) which ordinance by this reference is hereby
adopted as the supplementary outdoor sign regulations for this zoning
district and by this reference is incorporated herein as though set forth in its
entirety.
SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 33, PERMITS, PLATS AND FILING FEES, Sections 33-
1.02 33-1.03, 33-1.04, and 33-1.05, as follows:
ARTICLE 33. P6RMITS, PLATS AND filiNG FEliS SUPPLEMENTAL SIGN
REGULATIONS, PERMITS, PLATS AND FILING FEES
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33 1.02 Conditional Sign Permits.
In districts spocifiod in Section 33 1, signage in oxcess of that allowod by
right in a district can be permitted as a conditional use 'Nith approval of
the Planning Commission. Such use 'Nould be judgod appropriate upon
review of a site pkm and sign elev::ltion. The applicant will be required to
demonstrate compliance '.\lith the guidelines sot forth in this Ordinanco
relating to (1) the uso, (2) tho lot sizo, (3) the lot frontage, (4) tho
adjacent usos, (5) the hazard to passing traffic and (6) tho effect on the
ovorall '/alue of tho area.
33 1.03 Conditional Sign Permits. "A8" DistriGt
Purpose: The number of signs, sign height, and sign aroa sholl be
commensurate with the relative sizo of tho building, lot area and lot
frontage. The Planning Commission shall havo the authority to approyo
signage less than the maximum sign3ge permitted under this section
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basod on tho charactoristics of tho aroa and tho proporty, sign sizo, sign
design and its appr-opriateness to the area.
A. Tho Planning Commission, in the mannor set forth belm'" may
consider conditional use sign permits to authorize incroases in
sign aroa, sigh height, sign dosign or tho number of signs in
excoss of that allowod by right in the "/'\B" Professional Office
district.
(1 ) .^.n incroaso in sign area or height is limited to one
sign on the premiso that is locatod 'lJithin the front
yard sotback and tho incroasod sign is limitod to a
total of no moro than thirty (30) square f-oot of sign
area and twolvo (12) foot in hoight.
(2) Additional monument signs may bo permittod
provided that each sign identifies a separate
building and does not exceed a sign arca or height
as stated in section 11 2(12)(a)
f3t 'Nail sign area may be increased to no more than
thirty 1\",'0 (32) square foot per building, but in no
event shall any tenantloccupant have a sign greater
than four ( -1) square feot.
B. As part of the application for a Conditional Sign Pormit, the
applicant must submit the fOllo':Jing:
Fl..--}---u ^ detailed site plan drawn to scale and indicating
the existing or proposed location of building(s),
parking area, drive aisle(s), landscaped area(s) and
monument sign( s ).
~ An elevation plan of the proposed monument sign
indicating the height, sign
(3) An elovation pk:m of tho building wall which contains
the wall sign, indicating sign design, sign area, type
of illumination, types of material, and colors
proposod.
33 1.04 Conditional Sign Permits 8l1siness Districts.
The Planning Commission, in the mannor sot forth belo'.v, may consider
conditional use sign permits to authorize increases to sign area, sign
hoight, or the number of signs in excess of that allowod by right in those
zoning districts identifiod by title as "Business Districts."
H :\LF( .-DIR IgafY\vs\garyws\agenda 2006\04-11 \ZngOrdTxAdmntSigns.ldoc
A:- The Planning Commission must arrivo at findings that one or
more of the following exist:
1. Conditions which make matter of right commerciol signs
unreadable from the adjoining roadway:
fat- A pormanent visual obstruction exists such as, but
not limited to, adjacont buildings or structures other
than signs.
(b) The location or relocation of entrance ':.lay(s) to the
businoss in rolation to tho public right of way,
provided thot such sign incroase furthors troffic
mO'.loment objectives such as reducing the number
of ontranoo ways.
( c) A change in traffic pattern.
(d) Tho distonco of the sign from the adjoining public
right of \\'-3y,
2, Tho signs am not commeltial and cannot be view from the
public right of 'oWlY ond do not excood four (4) square foet
in aroa.
~u_ . The Planning Commiooion must further determine:
1 , That such inoreases &holt:
(a) Be commonsurate with the frontage, total lot area
and distanco of sign(s) from tho public right of way.
(bt-. Bo consistent '::ith other businosses in tho general
areo and sor\,() the publio intorest as opposod to an
individual benefit.
(0) Be consistent with general tramc safety in the
subject area and not impair a driver's line of sight
'.-whin 600 feat of a fixed tramc control devico.
(4j- If commercial signago and vi&A'-3blo from the public
right of way, not to be loGated within M'Q hundred
(200) feet froAting a residential zoning district
sharing the &ame right of way.
(e) Not e)EOood the mattor of right sign am3 or height
allovl3noe by mom than 50 por-cent, nor the number
of signs allowed by morn than 100 peroont.
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33 1.05
33-1.02
(f) Not allow sign plasement in sotback aross whem
signs am not allO'.vcd as a matter of right unless
such signs:
(1) Do not excoed five (6) feot in height.
(2) Do not exceed one quartor squaro foot for
evory front foot of lot area, nor forty (40)
squaro foot total.
2, All other signago on tho pr:emis08 aro conforming.
. Any porson, firm, or corporation, upon filing a requost with the
Departmont of Planning for a conditional permit for a sign as
required of Subsoction 33 1.01, shall be required to pay in
advance the conditional sign pormit application foo published in
tho Dovelopment Sorvices fee schedule, which is adopted undor
Chapter 14, Codo of Ordinances.
An application for a conditional pormit initiated by the City
Council, the Planning Commission, or any City Staff member
acting in hi& capacity as City Staff momber shall be '1:ithout foe.
FREESTANDING AND WALL SIGN.
33-1.02.01 Sinole Tenant Freestandino Sion - One freestandino sion shall be
permitted per street frontage or per lot and shall pertain only to the
use(s) conducted within the building(s) located on the premise.
Electronic continuous message boards are permitted within the overall
freestanding sion desion. Such messaoe on the electronic board shall
not flash or blink.
(A) Freestandino sions placed within the minimum front yard depth as
specified in Articles 24 and 27 are not to exceed sixty-four (64) feet in
area or twenty (20) feet in height. Such sign located within the front
yard shall not overhano or proiect into the public right-of-way nor utilize
or incorporate f1ashino illumination. In the event two (2) front yards
overlaD at a corner, the area of overlaD shall be deSignated as only
one (1) front yard.
(B) Freestanding sign located beyond the front yard requirement in the
"AB" Professional Office District. "B-1" Neighborhood Business District.
"B-1A" Neighborhood Business District, "B-3" Business District, "B-4"
General Business District. "B-5" Primary Business District. "B-6"
Primary Business Core, "1-2" Light-Industrial District and "1-3" Heavy
Industrial District are reoulated per street type as classified in the City
of Camus Christi Transportation Plan and as listed below and per
H:\I B r-DIR\garyws\garyws\agenda>2006\04-11 \ZngOrdTxAdmntSigns.! doc
Section 33-1.02.07 Arterial Street Sections Reoulated As Collector
Street Sections:
Exoressway/Freewavs
. Sian Area: 350 SQuare feet (maximum)
. Sian Heiaht: 65 feetCmaximum)
Arterials
. Sian Area: 200 SQuare feet (maximum)
. Sian Heiaht: 40 feet (maximum)
Collectors
. Sian Area: 64 SQuare feet (maximum)
. Sian Heiaht: 20 feet (maximum)
33-1.02.02 Sinole Tenant Wall Sian - The square footaae for electric. non-
electric. attached or painted wall sianaae on any buildina/structure
shall not exceed 25% of the buildina wall square footaae for each
elevation. All wall sians must be attached flat aaainst the wall of the
buildina. shall not proiect more than eiahteen (18) inches from the wall
of the buildina or structure and shall not proiect above the heiaht of
the buildina. Such sian shall not utilize or incorporate f1ashina or
blinkina illumination. Electronic continuous messaae boards are
permitted within the overall wall sian desiQn. Such messaae on the
electronic board shall not flash or blink. Wall sianaae shall pertain
only to the use(s) conducted within the buildinQ(s) located on the
premise.
33-1.02.03 Multi-Tenant (3 or more Tenants) Freestandina Sion - One (1)
freestandinQ sion for buildina/same proiect/development of 25.000
square feet or less or two (2) freestandina sians for buildina/same
proiect/development Qreater than 25,000 square feet shall be
permitted. per street frontaae pr lot or pad sito individual primary
buildinQ and shall pertain only to the use(s) conducted within the
buildino(s) located on the premise. Sions for buildino/same
proiect/development shall be separated by a minimum of 150 feet.
Electronic continuous messaoe boards are permitted within the overall
freestandina sion desion. Such messaQe on the electronic board shall
not flash or blink.
(A) Freestandino sion placed within the minimum front yard depth as
specified in Articles 24 and 27 are not to exceed sixty-four (64) feet in
area or twenty (20) feet in heicht. Such sion located within the front
yard shall not overhana or proiect into the public rioht-of-wav nor utilize
or incorporate f1ashina illumination. In the event of two (2) front yards
overlap at a comer. the area of overlap shall be desiQnated as onlv
one (1 ) front yard.
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(B) Freestandino sion located beyond the front yard requirement in the
"AB" Professional Office District. "B-1" Neiahborhood Business District,
"B-1A" Neiohborhood Business District. "B-3" Business District. "B-4"
General Business District. "B-5" Primary Business District. "B-6"
Primary Business Core. "1-2" Lioht-Industrial District and "1-3" Heavv
Industrial District are reoulated per street type as classified in the City
of Corpus Christi Transportation Plan and as listed below and per
Section 33-1.02.07 Arterial Street Sections Reoulated As Collector
Street Sections:
Expressway/Freeways
. Sian Area: 650 SQuare feet (maximum)
· Sian Height: 65 feet (maximum )*
Arterials
. Sian Area: 500 SQuare feet (maximum)
· Sian Height: 50 feet (maximum)
Collectors
· Sian Area: 250 SQuare feet (maximum)
. Sian Heiaht: 32 feet (maximum)
*up to an additional 1 0 feet may be added if the adiacent street
orade is elevated. The difference in elevation between the
property and the street arade shall be the determinino factor in
the heioht allowed.
(C)The same proiect/development. oreater than 25.000 square feet. in
size, shall be permitted additional freestandino sion (s) for every 500
feet of street frontaoe calculated beyond the initial 500 feet of street
frontaae. Each sian shall be separated by a minimum of 150 feet.
Same proiect/development located on an arterial and partially on a
collector, but within 500 feet of an arterial may use arterial sion
standards alono the collector section of the development.
33-1.02.04 Multi-Tenant Wall Sian - Electric. non-electric. attached and/or
painted wall sianaoe on any building/structure shall not exceed 80% of
the individual tenant space lenoth and shall be unlimited as to heioht.
All wall sians must be attached flat aaainst the wall of the buildina,
shall not proiect more than eiahteen (18) inches from the wall of the
buildina or structure and shall not proiect above the heiaht of the
buildina. Such sian shall not utilize or incorporate f1ashina or blinkina
illumination. Electronic continuous messaoe boards are permitted
within the overall sian desian. Such messaae on the electronic board
shall not flash or blink. Wall sianaae shall pertain only to the use(s)
conducted within the buildina(s) located on the premise.
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33-1.02.05 Accessory Freestandina Sian for Specific Uses- Listed uses that
customarily display pricina of a product and reauire separate business
sianaae due to industry standards are allowed one (1) additional
freestandina sian per street frontaae and are as follows:
o Uses
1. Fuelina station
2. New auto/truck sales and services
o Number
1 . 1 (one) sian per street frontaae or lot
2. 1 (one) sian for each different
manufacturer
o Heiaht*
1 . & 2, 33 feet maximum*
o Size
1. & 2. 165 feet maximum
*up to an additional 1 0 feet may be added if the adiacent street
arade is elevated. The difference in elevation between the property
and the street arade shall be the determinina factor in the heiaht
allowed.
33-1.02.06 Exempt Sians - On-premise directional sians for entrance and
exit, menu boards and directory boards are exempted from the
reaulations of the zonina ordinance. Menu boards and directory
boards shall only communicate to the on-premises public. Placement
of menu boards and directory boards should be to the interior of a site
so they are not clearly visible and leaible from the exterior of the
property. Such boards are not reaulated, as to the sian area, number
and heiaht calculations.
33-1.02.07 Sianaae for sinale or multi-tenant uses located alona arterial
street sections with residential proximity is reoulated by collector sign
standards. Arterial street sections reoulated with collector street
standards are as follows:
North to South Arterial (riaht-of-ways)
· McKinzie Rd. - from Atlanta St. south to the north side of Stonewall Blvd.
(Exhibit 8)
· Rand Morasn Rd. - from UP River Rd. south to the north side of Wilkins St.
(Exhibit 9)
· Greenwood Rd. - from Lawton St south to the north side of Gollihar Rd.
(Exhibit 3.4.& 10)
H :\LB i-DIR \garyws\garyws\agenda \2006\04-11 \ZngOrdTxAdmntSigns. 1 doc
· Weber Rd. - from McArdle Rd. south to the north side of Delphine St.
(exhibit 4" 11)
· Everhart Rd. - from Avalon St. south to the north side of Jacauelyn Dr..
from Janssen Dr. south to the north side of Mt. Vernon Dr.. Shadowbend Dr.
south to Oso Pkwy. (Exhibit 5.12 &13) & (Exhibit 7B & 12)
· Airline Rd. - from Greaorv Dr. south to Belmeade Dr. and Wooldridae Rd.
south to Sandra Ln. (Exhibit 5.12 & 13) & (Exhibit 13 & 14)
· Cimarron Rd. - from Dunbarton Oak Dr. to the north side of Cimarron Lake
Dr. (Exhibit 13 &14)
· Waldron Rd. - from Don Patricia south to the north side of Caribbean Dr.
(Exhibit 15)
East to West Arterial (riaht-of-wavs)
· Ocean Dr. IShoreline Blvd, - from Resaca St. east to the west side of Country
Club Dr. (Exhibit 1 At (Exhibit 1 Bt (Exhibit 1 C) & (Exhibit 1 D)
· Alameda St. - from AflOel Ave. to the west side of Brawner Pkwy. (Exhibit 2)
· Home Rd. - from Old Brownsville Rd. east to west side of Cross-Town
Exoressway (Exhibit 3.4 & 10) & (Exhibit 4)
· Gollihar Rd. - from Greenwood east to the west side of Vestal St.. Kilgore
St. east to the west side of Southwood St.. Randall Dr. east to the west side
of Seouoia St. and Codv St. east to the west side of Marie St. (exhibit 3.4
&10). (Exhibit 4) & (Exhibit 4 &11)
· McArdle Rd. - from Holmes Dr. east to the west side of Dorthv Drive.
(Exhibit 5.12 & 13)
· Holly Rd. - from the east side of (drivewav entrance) at 3338 Holly Road
east to the west side of Carroll Lane and Nelson St. east to the west side of
South Staoles Street. (Exhibit 6A) & (Exhibit 13)
· Williams Drive - west side Bk. 1. Lt. 9 & Bk. 14. Lt.11 to the east side of
BkA. Lt. 15 & Bk. 11. Lt. 16 - Gardendale Subdivision (Exhibit 6B)
· Yorktown Blvd. - from Weber Rd. east to the west side of S. Staoles St..
Briecesco Dr. east to the west side of Annemasse St.. and Casa Blanca Ct.
east to the LaQuna Madre. (Exhibit 7A). (Exhibit 78 & 12). (Exhibit 7C) &
(Exhibit 70)
33-1.02.08 Sians installed must comply with the provisions of the Zonina
Ordinance. City Code of Ordinances. the City of Corpus Christi Administration
of Technical Construction Codes that refers to Master Electrician required for
installation of electrical sians and the International Buildina Code (IBC)
specifyina sian requirements and enaineer seal certifyin" si"ns over ten (10)
feet in heioht comply with the wind code.
SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase,
M>rd 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,
H :\IF ,-DIR \garyws\garyws\agenda \2006 \04-11 \ZngOrdTxAdmntSigns. I.doc
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is
the definite intent of this City Council that every section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance be given full force and effect for its
purpose.
SECTION 11. 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 12. This ordinance shall take effect upon and after publication of this
ordinance.
SECTION 13. 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 11th day of April, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor, The City of Corpus Christi
APPROVED: April 5, 2006
~ttdndJu
G ry ~ Smith
Assistant City Attorney
For City Attorney
H:\LEG-DIR\garyws\garyws\agenda\2006\04-11 \ZngOrdTxAdmntSigns.l.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. l/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, 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:\LECi-DIR\gary\.vs\garyws\agenda2006I04_11 \ZngOrdTxAdmntSigns.ldoc
20
Corpus Christi City Secretary
April.J-, 2006
In acconlance with Article I, Section 4(c) of the Corpus Christi City Charter, this is a Statement of Intent
to Circulate Petitions CalHng for a Referendum to Repeal Ordinance No. 026716 Amending the Code of
Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, regarding
Elimination of Vehicular Traffic on'the Beach Seaward of the Padre Island Seawall and between
pac..ry Channel and Padre Balli Park; the direction of travel between Whitecap Boulevard and Padre
Bali Park; establishing and regulating Pedestrian Safe Beach; and establishing Pedestrian Safe Area
as pused on its Second Reading on March 28, 2006. The full text of the subject ordinance is attached
as a part of this statement. "is requested that the City Secretary present this Statement of Intent to the
City Council at its next regular meeting for reconsideration of the subject ordinance.
Registered Voters Commencing this Proceeding
~/Name CAllo 5" ~ LI AN
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Address-'.j 6;Z SIR. (; ERA t rll Address
CbTZ rr./i CHf(J7~7J 11Jf/'3
Voter Regi.stration No, CJOO ~____ Voter Registration No. 0 ~ jIb SJ...)
Si_ 'q~ Signature ~ ~ /)~
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1.-/ Name mN,e; I..~_ PV ~ S /__ \...'/Name 0 _11. _ -e.., _ '
Address J Le 2 ( f-/ U8 T VIA
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Voter Registration No. 5/ 6 '3 W S
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If there are any questions or comments regarding this Statement of Inte
a Referendum, contact:
William F. Kopecky
3609 Topeka
Corpus Christi, Tx 78411
(361) 855-6869
bkopeOswbel1.net
r Date Filed: dip 1 03/0
~~
Armando c~ .
City Secretary
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISn,
CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION,
REGARDING THE EUMINATlON OF VEHICULAR TRAFFIC ON THE
BEACH SEAWARD OF THE PADRE ISLAND SEAWALL AND
BElWEEN PACKERY CHANNEL AND PADRE BALU PARK; THE
DIRECTION OF TRAVEL BETWEEN WHITECAP BOULEVARD AND
PADRE BALLI PARK; ESTABLISHING AND REGULATING
PEDESTRIAN SAFE BEACH; EST ABUSHING A PEDESTRIAN SAFE
AREA; AND ENACTING PROVISIONS INCIDENT AND RELATING TO
THE SUBJECT AND PURPOSE OF THIS ORDINANCE; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERANCE; DIRECTING THE
CITY MANAGER TO PROCESS ANY CHANGES TO THE
COMPREHENSIVE PLAN, OTHER PLANS, OR ORDINANCES TO MAKE
SUCH CONSISTENT WITH THIS ORDINANCE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR THE EFFECTIVE DATE OF THE
SECTIONS OF THIS ORDINANCE.
WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas
General Land Office, under the authority of the Texas Open Beaches Act, authorizes local
governments, with the prior approval of the General Land Office, to restrict vehicular traffic
from portions of the public beach, if adequate parking is provided on or adjacent to the
beach to accommodate one car for each 15 linear feet of beach from which vehicle traffic
is restricted;
WHEREAS, the Padre Island seawall is 4216.5 feet long;
WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land
adjoining the seawall, which is adjacent to the public beach;
WHEREAS, the City has constructed a parking lot that provides parking in excess of the
minimum requirements of the Beach and Dune Rules;
WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15
feet of beach seaward of the seawall from which vehicular traffic is restricted;
WHEREAS, ingress and egress access to the beach is provided for vehicles at each end
of the seawall;
WHEREAS, the free and unrestricted right of ingress and egress to and from the beach is
provided for pedestrians along the entire length of the seawall by a perpetual easement
that has been granted in favor of the public affording pedestrians noncommercial use
along and over the entire length of the seawall and adjacent sidewalk;
wtEItEAS, signs will be conspicuously posted to explain the nature and extent of
vehicular controls, parking areas, and access points;
H:L~agenda/2OO6,l03-281beachord.1
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02Fl71R
WHEREAS, it has been the City's long tenn plan to restrict vehicles from the beach
seewerd of the seawall once the City constructed a parking lot on City-owned property
adjacent to the seawall;
WHEREAS, Policy Statement 11.8.3 of the City of Corpus Christi, Texas, Dune Protection
and Beach Access Plan, adopted on February 28, 1995, an element of the City's
Comprehensive Plan, provides that "Subsequent to the purchase and development of the
parking lot landward of the seawall, the City will take action to close permanently the
beach seaward of the Seawall to vehicular traffic for safety purpose;"
WHEREAS, Policy Statement C.15, MUSTANG-PADRE AREA DEVELOPMENT PLAN,
adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's
Comprehensive Plan, provides that "in order to create a safe day use beach area in front
of the sea wall, traffic wi' be prohibited once a public parking area is constructed";
WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted
S61.017( c X 1 )(8) of the Texas Natural Resources Code, which in recognizing the seawall
as the line of vegetation required the fee title to the surface estate to an area for public
parking and other public uses adjacent to the seawall be conveyed to and accepted by a
public entity, which area contains sufficient acreage to provide at least one parking space
for each 15 linear feet of the seawall;
WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot has been
constructed, satisfies that obligation;
WHEREAS, the restriction of vehicular traffic from the portion of the public beach seaward
of the Padre Island seawall will provide a family safe area for the public to use the beach
without being exposed to the dangers posed by vehicles driving on the beach;
WHEREAS, the public's free and unrestricted right of ingress and egress to the beach is
protected by the existing access and the availability of public parking adjacent to the public
beach and seawall;
WHEREAS, outstanding resort developments have been proposed adjacent to the beach
between the north end of the Padre Island seawall and Packery Channel and between the
south end of the Padre Island seawall and Padre Balli Park;
WHEREAS, the section of beach adjacent to the proposed development north of the
Padre Island seawall is approximately 1,800 linear feet and the section of beach adjacent
to the beach south of the Padre Island Seawall is approximately 1,200 linear feet;
WHEREAS, the proposed resort developments will boost the local economy by drawing
tourists to Padre Island, providing temporary and pennanent jobs, enhancing the
hosplality Industry, and increasing the tax base of the area;
WHEREAS, establishment of a pedestrian safe beach is essential to provide a family-
oriented zone where beach-goers, especially with children, can access the beach and gulf
H:Legl:*'/gwslagenda/2()06I()3-28Jbeachord.1
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waters without concern over risks to safety imposed by pedestrian use mixed with
vehicular traffic:
V't'HEREAS, construction of such resort developments is consistent with Policy Statements
0.5 and 0.6, MUSTANG-PADRE ISLAND AREA DEVELOPMENT PLAN, adopted by City
Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive
Plan, "Promote the most Intensive tourist oriented development east of S.P .I.D. and
between Whitecap Boulevard and Zahn Road...Private land located south of
Packery Channel must be developed with a mix of hlgh-densitynntensity tourist
oriented commercial and residential activities...";
WHEREAS, the developer has reported that the resort developments are not feasible
unless vehicular traffic is restricted from the beach between the north end of the Padre
Island seawall and Packery Channel and between the south end of the Padre Island
seawall and Padre Balli Park and the resorts will increase the use of the described
segments of beach north and south of the seawall;
WHEREAS, City Council desires to allow vehicular access to the entire described public
beach segments north and south of the Padre Island seawall until sufficient parking lots
are established on and adjacent to each public beach segment with sufficient pedestrian
amenities, including restrooms and shower facilities, until there is established disability
access to the south Packery Channel jetty, and until each resort development passes
cr1tlcal "milestones" that clearly indicate its being brought to fruition;
WHEREAS, the increased beach usage that will result from each resort development
mixed with unrestricted vehicular access to each beach segment will create an
overwhelming public safety concern;
WHEREAS, restricting vehicular access due to an overwhelming public safety concern is
consistent with Policy Statement C.13, MUSTANG-PADRE ISLAND AREA
DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004,
an element of the City's Comprehensive Plan, "Except for in front of the seawall, the
City will not pursue closure of any portion of the public beach to vehicular traffic
without an overwhelming public safety concern...";
WHEREAS, the City of Corpus Christi will not install parking meters or charge for parking
on the seawall parking lot or either City-constructed parking lot providing access at eachoend of the Padre Island seawall;
WHEREAS, the Regional Transit Authority Master Plan provides for transit and people-
moving services in the area of the Gulf beach and Packery Channel improvements;
WHEREAS, the developer of the resort community has agreed to cooperate in the
provision of people-movers between the proposed resort developments and the south jetty
of Packery Channel;
H:L8gDidgwsIagenda/2006/03-28Jbeachord.1
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Section 10-69, Code of Ordinances, is adopted to read as follows:
"Sec. 10-69. Pedestrian safe beach.
(a) A pedestrian safe beach is established when the use of the beach is oroiected to
be so areat that vehicular access to the beach will create an overwhelmina oublic
safety concern and. therefore. vehicular access has been restricted from the
beach. A Pedestrian safe beach will also enhance the resort atmosphere
anticipated by the Mustana-Padre Island Develooment Plan by establishina a
familv-friendly beach where beach aoers of all aaes can enioy the beach and ault
waters without the risks posed by other uses.
(b) In addition to the other restrictions and uses set forth in this Chaoter and as
aoPlicable in the Code of Ordinances. the followina restrictions on uses and
activities shall apofy on a Pedestrian safe beach:
1. Personal watercraft and other motor-powered vessels are prohibited in the
ault waters within 1.000 feet of a Pedestrian safe beach. except in an
established and marked access channel. and oersonal watercraft and motor-
powered vessels may operate in such access channel only at headway
speed. creatina no wake and as otherwise reaulated in Sec. 10-66.
2. Fires are prohibited on a Pedestrian safe beach. except by orior
authorization from the Parks Department.
3, Campina. as defined and reaulated in Sec. 10-58. is prohibited on a
pedestrian safe beach.
4. Doas and other animals shall be kept on a lead. leash, or other ohysical
restraint on a oedestrian safe beach.
5. Mobile vendors. as defined in Sec. 10-68. are prohibited from operatina on a
pedestrian safe beach.
6. Livestock and any prohibited animal. as defined in Sec. 6-1, are prohibited
from beina brouaht or kept on a pedestrian safe beach.
(c) The owner of prooerlY adiacent to a pedestrian safe beach may be aranted an
exclusive riaht as a beach vendor under Section 1 Q-68 and upon the arantina of
the exclusive right to vend on the adiacent pedestrian safe beach. the adiacent
prooerlY owner shall be resoonsible for cleanina the oedestrian safe beach. in a
manner comoliant with all laws. statutes. ordinances and reaulations. and shall
provide Itfeauard services for the Pedestrian safe beach.
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(d) The owner of oroo,rtv adiacent to a oedestrian safe beach shall assist the City In
providino aporopriate parkino, access. and facilities for persons with disabilities."
SECTION 2. Section 10-73(f), Code of Ordinances, is repealed.
"Sec. 10-73. Vehicular operation.
*
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*
*
*
"(f) Vehicular traffic shall operate as one '/Jay in a southerly dirootioA boo::oon t^Jhitecap
Boul9v~rd and Boaoh Across Road tf 4."
SECTION 3. Section 10-77, Code of Ordinances, is revised to read as follows:
"Sec. 10-77. Pedestrian safe areas.
*
*
*
*
*
"(e) The city manager may establish as a pedestrian safe areas. the followino portions
of the Gulf beach:
ill south of Packerv Channel and north of the concrete portion of the Gulf seawall.
@seaward of the concrete portion of the Gulf seawall, until the beach sea'.&Klrd of
the concrete portion of the seall/all has boon ronourishod as detennined by the city
m,:mager, and
(3) south of the concrete portion of the Gulf seawall and north of Padre Balli Park."
SECTION 4. Section 10-80(e), Code of Ordinances, is repealed.
"See. 10-aO. One-way traffic on beach and access roads.
*
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"(9) Vehicles tr~lVelling on the GuW beach bet\&:een the northern end of the seawall and
P~fe Balli PaFk may only travel in a southerly diFeotion. II
H:L.egOIrIgwsIagenda/2O()6I03-28Jbeachord,1
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SECTION 5. Section 10-81, Code of Ordinances, is revised to read as follow:
"Sec. 10-81. Vehicles r.tricted from PDortlons of the beach eIGS.d.
"!liThe city manager, or the city manager's designee, is authorized to GI96e restrict
vehicular access from portions of the beach to all '.~hicl9 tmffic for declared safety reasons
during periods including, but not limited to, extreme high tides, such as storm tide and
"spring" tide events, and when less than a twenty-five-foot corridor along the beach is
available for vehicular traffic.
"eb) Except for emeraencv vehicles. vehicles used to maintain the beach. or vehicles used
to orovide beach related services under a oermit issued bv the CitY. vehicular traffic is
restricted from the beach south of Packerv Channel. seaward of the Padre Island seawall.
and south of the Padre Island seawall and north of Padre Balli Park. and drivina on this
POrtion of beach is prohibited. except in soeciallv desklnated areas."
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 7. If for any reason any section, paragraph, subdMsion, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of
this ordinance be given full force and effect for its purpose.
SECTION 8. The City Manager is directed to process any changes to the Comprehensive
Plan, any other plan, or any ordinance to make the Comprehensive Plan, any other plan,
and all ordinances consistent with the terms and intent of this ordinance.
SECTION 9. 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 10. (a) Sections 7,8, and 9 of this ordinance take effect upon and after
publication of this ordinance.
H:LegOIr/gwslagendal2OO6l03-281beachord.1
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(b) Sections 1,3,4,5, and 6 of this ordinance that relate to the restriction of vehicular
traffic from that portion of the beach seaward of the Padre Island seawall take effect on the
approval of these changes to the City of Corpus Christi's Dune Protection and Beach
Access Plan by the General Land Office.
(c) The portions of Sections 1, 3, 5, and 6 of this ordinance that relate to the restriction
of vehicular traffic from that portion of the beach south of Packery Channel and north of
the Padre Island seawall take effect not earlier than the approval of these changes to the
City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land
Office.
Additionally, the portions of Sections 1, 3, 5, and 6 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of Packery Channel and
north of the Padre Island seawall take effect on the occurrence of the following:
( 1 ) development of the resort community (a tourism-centered destination resort
development to include a hotel, condominiums, and related amenities intended
to attract visitors and tourists from outside the Corpus Christi area), in the area
bounded by Packery Channel, the wooden seawall, Park Road 22, and Lake
Padre, achieves the following "milestones": (1) secure necessary financing for
the Initial phase of the resort community project (estimated value of
$75,000,000), (2) development and approval of a master plan for the entire
resort community, (3) building pennits for the construction of the infrastructure
related to the initial phase of the resort community project (estimated value of
$75,000,000) have been issued, and (4) commencement of vertical
construction, above the surface level of the foundation, of Improvements with an
estimated value of $75,000,000 associated with the resort community,
(2) dedication by the developer and acceptance by the City of a pennanent
easement for a roadway within 1,000 feet of the north end of the Padre Island
seawall to provide access to the Gulf beach and to the parking lot described in
(d) below,
(3) cooperation with the City and Regional Transit Authority to allow for and provide
a system to move people between the beach parking lots and the amenities
along the south jetty of Packery Channel,
(4) completion of the construction and opening to the public of a parking lot, on and
adjacent to the beach, that provides at least one parking space for each fifteen
linear feet of beach from which vehicles are restricted, and
(5) completion of the pedestrian amenities to include restrooms, showers, and
disability access to the south jetty of Packery Channel with the assistance of the
developer of the resort community.
The City of Corpus Christi shall take no action to begin construction of the facilities
described in (3), (4) and (5) hereinabove until the "milestones" set forth in (1) and (2) are
achieved. It is reasonable to believe, when the proposed development achieves the
stated goals, that the project will proceed to completion.
H:l.egOIrIgwsIagendaI2O()6I()2M>eachord.1
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(d) The portions of Sections 1,2,3,4,5, and 6 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of the Padre Island
seawall and north of the Padre Balli Park take effect not earlier than the approval of these
changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the
General Land Office.
Additionally, the portions of Sections 1, 2, 3, 4, 5, and 6 of this ordinance that relate to the
restriction of vehicular traffic from that portion of the beach south of the Padre Island
seawall and north of Padre Balli Park take effect on the occurrence of the following:
(1) development of the resort community (a residential community proposed to
have approximately 400 single-family homes and a boutique hotel, all designed
and operated to attract visitors and tourists from outside the Corpus Christi
area), in the area adjacent to the beach between Whitecap Boulevard and
Padre Balli Park, achieves the following "milestones": (1) secure necessary
financing for the development project, (2) development and approval of a
master plan for the entire resort community, (3) acceptance, by the City of
Corpus Christi, of all required infrastructure associated with the first phase of
the resort community project, anticipated to accommodate at least 100 single-
family residential structures and the boutique hotel, and (4) issuance of a
building pennit for the construction of an anticipated improvement,
(2) cooperation with the City and Regional Transit Authority to allow for and provide
a system to move people between the beach parking lots and the amenities
along the south jetty of Packery Channel,
(3) completion of the construction and opening to the public of a parking lot, on and
adjacent to the beach, that provides at least one parking space for each fifteen
linear feet of beach from which vehicles are restricted, and
(4) completion of the pedestrian amenities to include restrooms and showers.
The City of Corpus Christi shall take no action to begin construction of the facilities
described in (3) and (4) hereinabove until the "milestones" set forth in (1) are achieved. It
is reasonable to believe, when the proposed development achieves the stated goals, that
the project will proceed to completion.
(e) In the event the "milestones" set forth in subsection (c) hereinabove are not
achieved within five (5) years from the date ofthe implementation ofthe traffic restriction
on the beach south of the Padre Island seawall, then Council, in its sole discretion, may
repeal the traffic restriction.
H:LegDlr/gwslagendal2OO6l()3-28Jbeachord.1
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That the foregoing ordinance was read for the first time and passed to its second reading
on this the ~ day of March. 2006, by the following vote:
Henry Garrett ; Rex A. Kinnison ~
Brent Chesney John Marez ~
Melody Cooper ~ Jesse Noyola -lhf--
Jerry Garcia Mark Scott ~
Bill Kelly
That the fOregOin~~ was read for the second time and passed finally on this the
~ay of , 2006 by the following vote:
*
;
Henry Garrett
~
Rex A. Kinnison
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
BiD Kelly
PASSED AND APPROVED, this the ~ay of
mQAtlt
.2006.
A TrEST
Arrnan~
City Secretary
APPROVED: March 27.2006.
H~~
Mayor
;j ~
fI!:Ij Smith
Assistant City Attorney
for City Attorney
H:LegDlrfgwslagendal2OO6103-281beachord.1
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02fl71Jl
Corpus Christi City Secretary
APril.2L-, 2006
In accordance with Article I, Section 4(c) of the Corpus Christi City Charter, this is a Statement of Intent
to Circulate Petitions Calling for a Referendum to Repeal the Penultimate (Next to the Last) Paragraph
of Section 7 of Ordinance No. 026717 Ordering an Election to be held on the first Saturday in April
2007. in the City of Corpus C.hristi on the Question of Amending the Charter of the City of Corpus
Christi to provide for Restriction of Vehicular Access to the Gulf Beach after Approval in a Public
Referendum as passed on its Second Reading on March 28, 2006. The full text of the subject
ordinance is attached as a part of this statement. It is requested that the City Secretary present this
Statement of Intent to the City Council at its next regular meeting for reconsideration of the cited
paragraph of the subject ordinance.
~.lste"'1 Voters Commencing this Proceeding
Name~!<.. La 5 / RUd11 _ \/Name (! ec // M ;-IF It I~Y
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Signature
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If there are any questions or comments regarding this Statement of I
a Referendum, contact:
William F. Kopecky
3609 Topeka
Corpus Christi, Tx 78411
(361) 855--6869
bkopeOswbell.net
I ...."
Date Filed~4 ( 03/ ofp
ORDINANCE
ORDERING AN ELECnON 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 RESTRlcnON OF VEHICUlAR ACCESS TO THE GULF
BEACH AFTER APPROVAL IN A PUBUC REFERENDUM; PROVIDING
FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING
FOR NonCE OF ELECTION AND PUBUCATlON THEREOF;
PROVIDING FOR ESTABUSHMENT OF BRANCH EARLY POLUNG
PLACES; DESIGNATING POWNG PLACE LOCATIONS; AND
ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT
AND PURPOSE OF THIS ORDINANCE; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, City Council proposes an amendment to the City Charter to require voter
approval of certain restrictions of vehicular traffic on any portion of the Gulf beach within
the corporate limits of the City or its extraterritorial jurisdiction other than from Packery
Channel to Padre Balli Park;
WHEREAS, the City Council desires to place before the electorate of the City of Corpus
Christi the proposed amendment to the Charter of the City of Corpus Christi;
WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the
goveming body shall order elections pertaining to municipal affairs, give notice and
appoint election officers to hold the election; and
./
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A City election (hereinafter the "Election") shall be held in the City of Corpus
Christi, Texas, on the first Saturday in April, 2007, for the purpose of submitting to the
voters of the City consideration of an amendment to the Charter of the City of Corpus
Christl.
SEcnON 2. At the Election all the qualified voters of the City of Corpus Christi shall be
pennitted to vote.
SECOON 3. The eSlate direct recording equipment (ORE) shall be employed at the
election in accordance with the Texas Election Code and the Election shall be held at
H:L8JOIdOwsIagenda/2OO6I()32aJbeachelectionord
1
02fl717
the polUng places in the regularly prescribed precincts of the City of Corpus Christi, as
set forth on Attachment A hereto incorporated by reference and made part of this
ordinance (said Attachment A to be approved and attached when the polling places in
the regularly prescribed precincts are finally determined by Nueces County). The
Election shall be held in accordance with the election laws of the State of Texas. The
polls shall be open from 7:00 a.m. to 7:00 p.m. on the day of the Election.
SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of
the City Council and by law in accordance with the joint election agreement to be
entered into with Nueces County (the agreement with Nueces County shall be approved
and attached hereto as Attachment B and incorporated herein). He is directed to
request consideration by the U. S. Department of Justice of the submission of any
change herein which requires preclearance, and to provide such demographic data and
information as required by law.
SECTION 5. The eSlate direct recording equipment shall be used for the conduct of the
Election on Election Day and for early voting. Early voting in person at each of the
temporary branch polling places shall be conducted as follows:
Such early voting in person may be conducted at the main early voting polling place
located in the first floor lobby of Corpus Christi City Hall, 1201 Leopard, and at the
temporary branch polling places set forth in Attachment C, to be approved and attached
when the temporary branch polling places are determined by the City of Corpus Christi
and then incorporated by reference and made a part of this ordinance.
In addition, early voting in person may be conducted at the mobile temporary branch
polling places set forth in Attachment D, to be approved and attached when the mobile
temporary branch polling places are determined by the City of Corpus Christi and then
incorporated by reference and made a part of this ordinance, during the days and hours
specified therein. The City Secretary is authorized, in the event of an emergency,
preventing any of the designated polling places from being utilized, to provide for
suitable replacement locations.
Each branch polling place and the main early polling place shall serve all election
precincts.
SECTION 6. The City Secretary is directed to post and publish such election notices as
are required by the Election Laws of the State of Texas. The City Secretary is further
appointed as the authority and officer responsible for the conduct of said election and is
H:LegDlrJgwslagenda/2006103-28Jbeacheledlonon:l
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hereby authorized and directed to make all necessary arrangements for the holding of
said election in accordance with and subject to the laws of this State including but not
limited to coordinating the election process, induding use of tabulation equipment, and
supplies. The City Secretary is authorized to approve all lawful changes and additions to
the procedures provided herein in order to implement such agreement, including, but
not limited to, provisions for substations and mobile voting sites.
SECTION 7. At the Election, the voters shall be presented with the following
proposition (in English and Spanish) in the fonn prescribed by the Texas Election Code:
Ballot Language:
CHARTER AMENDMENT
FOR
AGAINST
REQUIRING A PUBLIC REFERENDUM PRIOR TO CERTAIN FURTHER
RESTRICTIONS OF VEHICULAR ACCESS TO THE GULF_BEACH.
Effect of Amendment:
Adoption of the Charter Amendment would amend the City Charter, ARTICLE X,
GENERAL POWERS AND PROVISIONS, by adding Section 1A, Certain restrictions of
vehicular access to the Gulf beach, as follows:
Section 1 A. Certain restrictions of vehicular access to the Gultbeach.
Except for that portion of the Gulf beach located south of Packery Channel and
north of Padre Balli Park, vehicular access to the Gulf beach may not be restricted
unless approved by a majority of the qualified voters of the city, voting at an election
duly called for such purpose. Thereafter, the City Council may take appropriate
action to restrict vehicular access from that specific portion of the Gulf beach and
comply with all other reqUirements necessary to effect the result of the election.
H:Leg[)irlgwslagenda/2OO6J03-28lbeachelectionord
3
The election requirement of this section shall be effective only after implementation
of the vehicular restriction relating to the Gulf beach located south of Packery
Channel and north of Padre Balli Park and all legal challenges, relating to the
restriction of vehicles from the Gulf beach between Packery Channel to Padre Balli
Park, have been finally resolved and all appeals exhausted.
This section shall not apply when vehicles are restricted from access to the Gulf
beach for public safety, public health, ecological, weather-related, or environmental
reasons; for promotional events; by the use of bollards to separate pedestrians
from traffic while allowing the through movement of traffic; or for the routine
regulation of traffic or parking.
SEcnON 8. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision of
this ordinance be given fuU force and effect for its purpose.
SEcnON 9. This ordinance shall take effect immediately upon passage and approval.
H:LegIlr/gNS/agendaI2()()aI03-28Jbeache1ection
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That Ile fOr8J;lOl"l)g1)g ordinance was read for the first time and passed to its second reading
on this the ~ day of March. 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 foregoi~Ana~ was read for the second time and passed finally on this the
~ay of ~ 2006 by the following vote:
Henry Garrett + Rex A. Kinnison /1^...9'
Brent Chesney
John Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly ~
PASSED AND APPROVED, this the ~day of ~
AlTEST
,2006.
Ann~
City Secretary
APPROVED: March 27 2006.
~~
Henry Ga tt
Mayor
~I~
8 . Smith
Assistant City Attorney
for City Attorney
H:L.egOIr/gwsfagendal200fW3-28Jbeache1ect1onord
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02~7t7
21
AGENDA MEMORANDUM
SUBJECT: Traffic Congestion Management
Airline Road Northbound Right-Turn Lane at
SH 358 Eastbound Frontage Road
(Bond Issue 2004)
DATE: April 11, 2006
AGENDA ITEM
1a. Motion authorizing the City Manager, or his designee, to execute a Developer Cost Share
Agreement with SOl Realty of Houston, Texas, in the amount of $36,925.65 for construction of
the Traffic Congestion Management Project at Airline Road Northbound Right-Turn Lane at SH
358 Eastbound Frontage Road (Bond Issue 2004) for the Developer's share of access
management improvements.
1 b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
Developer Cost Share Agreement with SOl Realty of Houston, Texas, for construction of the
Traffic Congestion Management Project at Airline Road Northbound Right-Turn Lane at SH 358
Eastbound Frontage Road (Bond Issue 2004) to provide for the escrow of funds pertaining to
the installation of traffic delineators along the double yellow center line of Airline Road until
determination of need is established or a period of five years has expired.
'1 c. Ordinance accepting a payment in the amount of $36,925.65 from SOl Reality and
appropriating $23,000 in the No, 3530 Street CIP Fund and $13,925.65 in the No. 4710
Infrastructure 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 $23,000; and declaring an emergency,
1 d. 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 is available from the FY 2004-2005 Street Capital Improvement Budget and
through a Developer Participation Agreement
RECOIIMENDA TION: Staff recommends approval of the MO~Sented.
~. . tt>'1~p
~Ungel R. scobar, P. E.,
, Director of Engineering Services ,
Add"io,nal SUDDort Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Maps
Exhibit "0" Bid Tabulation
Exhibit "E" Developer Agreement
Exhibit "F" Amendment No. 1
11'\HOME\l YNOASIGENISlreetsl2004 Bond Issuel6284 . Traffic Congestion MgmtlAirline Road Contract llAGENDA MEMO. doc
BACKGROUND INFORMATION
SUBJECT: Traffic Congestion Management
Airline Road Northbound Right-Turn Lane at
SH 358 Eastbound Frontage Road
(Bond Issue 2004)
DIiVELOPMENT 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.
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 "storage area" as
Indicated in the original recommendation.
ReQUIRED IMPROVEMENTS:
The Developer has agreed to participate in the proposed access management
improvements. Developer's negotiated share includes:
· materials and installation of delineators/curb along the right turn lane,
· materials and installation of delineators along the double yellow center line
separating traffic, and
· a 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.
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\DOCUME-'\IYMaSILOCALS-1\TernpIAGENUA BACKGROUND. 1 doc
Subsequent to this agreement, turning movement studies, traffic counts, and accident
records resulted in the determination that:
· confirmed the installation of delineators along the right turn lane is still
warranted;
· construction of the new traffic island at the intersection of Airline Road and
S. H" 358 is necessary; and
· delineators along the double yellow center line are not warranted at this time
and currently will be deferred to review need for additional access
management measures.
Future changes in traffic conditions are anticipated in this area due to increased
development. City staff will be monitoring the traffic patterns in the area atter the
development opens to determine if additional access management measures are
necessary. At this time. city staff recommends deferring the installation ofthe delineators
along the double yellow center line until traffic conditions are reviewed and confirmed to
warrant installation. Therefore, it is proposed the Developer's share for the cost of the
delineators required for the double yellow center line be escrowed in an interest bearing
account for five (5) years. If conditions continue not to warrant their installation at the end
of five (5) years, the escrow account, with interest.l would be refunded to SOl Realty. If
conditions within the five (5) years warrant their installation, businesses in the area will be
notified, the escrow monies will be used, and additional council approval will be
required prior to installation. City staff negotiated and executed an Amendment to the
Developer's Agreement with SOl Realty outlining all conditions to this effect.
Under this agreement, the Developer will continue to participate in the construction of:
· materials and installation of delineators with curb along the right turn lane,
and,
. a 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.
The cost of the double yellow center line delineators separating traffic on Airline will be
escrowed and traffic conditions will be closely monitored for confirmation of any necessary
future improvements.
ADDITIONAL INFORMATION:
City staff met with business management executives representing Circle K, Whataburger,
Wilcox Furniture and The Fountains Apartment Complex to discuss the proposed
improvements on Airline adjacent to the driveways servicing each of their business
operations. (See Exhibit "C") A traffic study was done to access the impact of eliminating
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. lOOCUME-1\1yndasILOCALS-1ITempIAGENDA BACKGROUND doc
left turns in and out of these driveways as a result of implementing the proposed
improvements. Turning movement counts done for three consecutive business days show
considerable business traffic turning left in and out of Circle K and Whataburger. There is
minimal traffic turning left in and out of the alley drive leading to Wilcox Furniture. The
driveway to The Fountains Apartment Complex is closed to all traffic except for emergency
vehicles which will not be affected by the proposed improvements. A review of accident
reports along this area of Airline revealed a total of four accidents in the last twelve months
resulting from left turns in and out of these driveways.
Traffic volumes going south on Airline at this time are not high enough to result in a
queuing of cars from Williams Street intersection back across the driveways servicing
WHcox Furniture, Whataburger, or Circle K. The gaps in traffic created by the traffic signal
at Airline and South Padre Island Drive allows vehicles to make safe left turn across the
south bound lanes of Airline.
CONSTRUCTION PHASING:
As a result of the traffic study findings staff recommends the proposed improvements on
Airline be completed in phases:
· Phase One will include the construction of the right-turn lane improvement
that will widen the current right-turn lane within 100-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.
· Phase Two will include seal coating Airline Road for 600-feet from the
intersection, provide new lane striping, pavement markings and new traffic
control delineation markers with curb along the west side of the proposed
right turn lane.
· A future phase may include the installation of additional traffic control
delineation markers with curb along the center yellow strip of the street that
will further control access on and off of Airline Road within 600-feet of the
intersection.
It is recommended that Phase One and Two be done as soon as possible to meet with the
opening deadline of the SOl development. It is recommended that any plans for a future
phase be re-evaluated and staff present findings in a public hearing to the Traffic
Advisory Committee for recommendation and action to be approved by City Council.
Staff will continue to monitor traffic patterns, volumes and accidents to determine when if it
becomes necessary to further control access on and off of Airline Road within 600 feet
south of the intersection with South Padre Island Drive.
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\DOCUME-' \lynaas\LOCALS-1\TempIAGENllA BACKGROUND, 1 de,"
CHANGE ORDER NO.4:
The proposed Change Order No. 4 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 OO-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
with curb along the west side of the proposed right turn lane. (See Exhibit "C") The total
cost of the change order is $188,245.35. (See Exhibit "0")
The Developer, SOl Realty, has agreed to pay $36,925.65 (of which the sum of$13,935.66
is to be escrowed) for the following items:
· Mobilization I Demobilization I Bonds
· 5-inch Concrete Traffic Island
. ADA Compliant Curb Ramp
. 6-inch Concrete Curb along Roadway Pavement
. Traffic Control
· 12-foot White Crosswalk with 24-inch transv Line Markings
· 75% cost share of Delineators, Reflectorized Paddle Pylons
The City has agreed to pay for the seal coating, permits, and the remaining work in the
amount of $151,319.70.
SEA~D QUOTES:
Sealed quotes were solicited from three (3) local contractors for the traffic congestion work
at Airline Road. The bids range as follows:
f 1.
i 2.
i-
'3.
_._~~ -"--~_..__..-.----~._~--~-_.._--~--- $188,245.35
Kinq Isles, Inc.
Big State Excavation, Inc. $287,533.88
BaY,QQ.__ ______ $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.4
based on the following criteria:
· The construction contract is below the 25% limit amount of change order capacity.
· The Change Order NO.4 in the amount of $188,245.35 will not surpass the 25%
change order limit
· King Isles, Inc. has the ability to begin construction immediately; and can complete
the project prior to tenants occupying the Padre Commons Plaza development.
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IDQCUME- 1\lypdas\lOCAlS-1\ T emplAGEN[ IA BACKGROUND. 1 doc
FUTURE COUNCIL ACTION:
If warranted, a future project may include the installation of additional traffic control
delineation markers with curb along the center of the street that will further control access
on and off of Airline road within 600-feet of the intersection. At this time, it is
recommended that this next project be re-evaluated in the future and staff present findings
In a public hearing to the Traffic Advisory Committee for recommendation and action to be
approved by City Council. Staff will continue to monitor traffic patterns, volumes and
accidents to determine when it becomes necessary to further control access on and off of
Airline Road within 600 feet south of the intersection with South Padre Island Drive.
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 infrastructure.
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-of-way needs and
utility relocations will be identified, Estimates of probable cost will be developed.
Other areas will be reviewed for alternate access management opportunities.
2. Left and RiQht Hand Turn Lanes alonQ 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.
3. Joint Drive Access AlonQ Corridors (Preliminary Phase) - An Access Management
Study by the Corpus Christi Metropolitan Planning Organization along the Everhart
Road corridor showed that one of the principal causes of 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 corridors will
be reviewed for access management opportunities.
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,\OOCUME-' i \lyndasILOCALS-1 IT emplA,GENDA BACKGROUND_doc
4. Congressional I 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 for left turn lanes at 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).
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\DOCUME-1\Iy"daSILOCAlS-1\Temp\AGENDA 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
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 .. ... . . .,. . . . . . . . . . .
$1,423,851.05
355,962.76
15,780.00
3,600.00
20,000.00
188,245.35
227,625.35 =15.00% < 25%
TOTAL CONTRACT AMOUNT .,...........
25% Limit Amount . . . . . . . . . .
EXHIBIT B
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PROJECT LOCATION
EXHIBIT: "("
SUBJECT TRAFFIC CONGESTION MANAGEMENT
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AIRLINE RD. AND S.P.I.D.
NORTHBOUND AIRLINE RD. RIGHT TURN LANE (BOND ISSUE 2004)
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EXHIBIT: "C"
SUBJECT: TRAFFIC CONGESTION MANAGEMENT
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AIRLINE RD. AND S.P.I.D,
NORTHBOUND AIRLINE RD. RIGHT TURN LANE (BOND ISSUE 2004)
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ENTRANCE DRIVEWAY FOR
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EXHIBIT: "("
SUBJECT TRAFFIC CONGESTION MANAGEMENT
-----....----
AIRLINE RD. AND S.P.I.D.
NORTHBOUND AIRLINE RD. RIGHT TURN LANE (BOND ISSUE 2004)
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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
MWlicipal 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 Ai rline Road,
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract. Block 1, Lot 4
Page I of4
EXHIBIT E
Page 1 of8
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
EXHIBIT E
PaRe 2 or8
-- --
EXECUTED IN DUPLICATE originals, this ~1 day or (8J~'(, 2006.
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on ~~ ,1'" ,2006, by Charles
W. Shears, as General Partner, of SOl Realty, LTD., a Tex lImIted lIabIlIty partnershIp, on
behalf of said partnership.
LORRAINE STURAN
Notary Public, State of Texas
My Commission Expires
June 20, 2006
Not
Developer Cost Share Agreement Funding Access Management Improvements
Shannon Middle School Tract. Block ], Lot 4
Page 3 of 4
EXHIBIT E
Page 3 or8
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, City Manager
APPROVED:
~~_ day of re.b,,,a1li
, 2006
By' ~td...
. -..- -- ~--~.. ..-
ary . Smith
Assistant City Attorney
STATE OF TEXAS ~
COUNTY OF NUECES ~
This mstrument 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 I, Lot 4
Page4ot4
EXHIBIT E
Page 4 of8
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FIRST AMENDMENT TO
DEVELOPER COST SHARE AGREEMENT
FUNDING ACCESS MANAGEMENT IMPROVEMENTS
STATE OF TEXAS ~
COUNTY OF NUECES ~
THIS FIRST AMENDMENT TO DEVELOPER COST SHARE AGREEMENT Funding
Access Management Improvements dated February 17, 2006, 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, the City and Developer entered into an Agreement entitled Developer Cost
Share Agreement Funding Access Management Improvements dated February 17, 2006, and
wish to amend said Agreement.
WHEREAS, the City and Developer agree that the portion of the access management
improvement project involving the installation of traffic delineators along the double yellow
center line of Airline Road should be deferred until determination on additional traffic access
management measures is made. The funding for this portion of the project shall be
appropriated and held in an interest bearing account until the determination on the
installation of delineators is made; and
WHEREAS, the City will return after five (5) years that portion of funding related to the
delineators and provided by Developer should the delineators along the double yellow center
line of Airline Road not be installed.
NOW THEREFORE, the City and Developer, for and in consideration of the mutual
covenants herein exchanged to be kept and performed and agree as follows:
The Paragraph "Required Improvements" of the original Developer Cost Share Agreement
Funding Access Management Improvements dated February 17,2006 is amended by adding
the following:
Heretofore, there was delivered to the City the sum of$36,925.65, being Developer's
contribution for all the access management improvements at the intersection of Airline Road
and South Padre Island Drive. Of this sum $13,925.66 shall be held in an interest bearing
account, for a period oftime not to exceed five (5) years from the date that City Council
appropriates funding in No. 4730 Infrastructure Fund for the Developer's share of
construction of the traffic congestion management project at Airline Road northbound right-
turn lane at State Highway 358 eastbound frontage road (Bond Issue 2004). The principal
amount deposited and accrued interest may be used by the City, during said five (5) year
period, to pay Developer's share of the construction cost of the installation of delineators
along the double yellow center line of Airline Road in connection with said project.
Escrow Agreement for Access Management Improvements
Shannon Middle School Tract, Block I. Lot 4
Exhibit F
Page 1 00
Future changes in traffic conditions are anticipated in this area due to increased development.
City staff will be monitoring the traffic patterns in the area after the development opens to
determine if additional traffic access management measures are necessary. Should such
delineators not be installed within said five (5) year period, then, in such event, the
$13.925.66 plus accrued interest, shall be refunded to Developer.
Nothing in this Amendment is intended, nor may it be deemed, to waive any governmental,
official, or other immunity or defense of any of the Parties or their officers, employees,
representatives, and agents as a result of the execution of this Agreement and the
performance of the covenants contained in this Agreement.
All other terms of the Developer Cost Share Agreement remain the same.
EXECUTED IN DUPLICATE originals, this _,_ day of
, 2006.
DEVELOPER:
SOl Realty, LTD,
Charles W. Shears, General Partner
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2006, by Charles
W. Shears, as General Partner, ofSDI Realty, LTD., a Texas limited liability partnership, on
behalf of said partnership,
Notary Public, State of Texas
Escrow Agreement for Access Management Improvements
Shannon Middle School Tract, Block 1, lot 4
Exhibit F
Page 2 00
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K. Noe, City Manager
APPROVED:
__dayof___ .
_~, 2006
By:_
Gary W. Smith
Assistant City Attorney
STATE OF TEXAS ~
COUNTY OF NUECES ~
This instrument was acknowledged before me on , 2006, by George
K. Noe, City Manager of the City of Corpus Christi, Texas, a Texas home-rule municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
Escrow Agreement for Access Management Improvements
Shannon Middle School Tract, Block 1, Lot 4
Exhibit F
Page 3 of3
ORDINANCE
ACCEPTING A PAYMENT IN THE AMOUNT OF $36,925.65
FROM SOl REALITY AND APPROPRIATING $23,000 IN THE
NO. 3530 STREET CIP FUND AND $13,925.65 IN THE NO. 4710
INFRASTRUCTURE 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 FY 2004-2005 CAPITAL
BUDGET ADOPTED BY ORDINANCE NO. 026188 BY
INCREASING APPROPRIATIONS BY $23,000; AND
DECLARING AN EMERGENCY.
SECTION 1. Accepting a payment in the amount of $36,925.65 from SOl Reality
and appropriating $23,000 in the No. 3530 Street CIP Fund and $13,925.65 in
the No. 4710 Infrastructure 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)
SECTION 2. Amending FY 2004-2005 Capital Budget adopted by Ordinance
No, 026188 by increasing appropriations by $23,000.00,
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 April. 2006,
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: April ..l~ ,2006
~~/m:J.."~
G . Smith
Assistant City Attorney
For City Attorney
Corpus Christi. Texas
__~ Day of
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration
and voting upon ordinances at two regular meetings: I/we, therefore, request
that you suspend said Charter rule and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E Marez
Jesse Noyola
Mark Scott
22
AGENDA MEMORANDUM
City Council Action Date: April 11 , 2006
SUBJECT: Leopard Street Roadside Safety Improvements, Phase 1
AGENDA ITEM:
A. Motion authorizing the City Manager, or his designee, to award a construction contract
to Reese Contracting Inc. of Corpus Christi, Texas, in the amount of $1,050,000.50 for
the Leopard Street Roadside Safety Improvements, Phase 1.
B. Motion authorizing the City Manager, or his designee, to execute Amendment No.4
with Goldston Engineering Inc. of Corpus Christi, Texas, in the amount of $72,000 for a
total restated fee of $191,920 for construction inspection services for the Leopard
Street Roadside Safety Improvements, Phase 1.
IS'U~: This project, located on Leopard Street extending trom Warpath Street to Rolling
Acres Drive (north side only), will provide an underground drainage system that will
eliminate the existing ditches and exposed ends of the existing culverts that do not have
safety end treatments. The area between the edge of pavement and the right-of -way line
will be tilled and graded. A pedestrian crossing will be provided over Turkey Creek and a
sidewalk along the right-ot-way line will be built to provide for safe access by students to
Tuloso-Midway Middle School on LaBranch Street. The project has bid and is ready tor
construction award, which requires Council approval.
F"""'DlNG: Funds for this project are available from the FY 2004-2005 Storm Water, Water
and Street capital Improvement budgets.
: Staff recommends approval of the motion as presented.
"
.yi~
'd!~~ ~~
irector of Engineering Services
~nal Support Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "e" Project Budget
Exhibit "0" Location Map
H \HOMElRachellelGENlDrainagel2208lConstructlOOlAgenda Memo. doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Leopard Street Roadside Safety Improvements, Phase 1
P,ROJECT DESCRIPTION: This project, located on Leopard Street extending from
Warpath Street to Rolling Acres Drive (north side only), will provide an underground
drainage system that will eliminate the existing ditches and exposed ends of the existing
culverts that do not have safety end treatments. The area between the edge of pavement
and the right-of -way line will be filled and graded. This will eliminate the steep side slopes.
Additionally, this portion of Leopard Street is used by students walking from the
surrounding neighborhoods to the Tuloso-Midway Middle School on LaBranch Street.
Currently, the students walk on the shoulder of Leopard Street. City staff has worked
closely with the school district to provide a safe alternative for student access to the middle
school. The design of this project included a sidewalk along the right-of-way line which is
about 30 feet away from the edge of pavement. A pedestrian crossing will be provided over
Turkey Creek.
The project consists of the installation of various sizes of reinforced concrete pipe (RCP)
storm drain (approximately 52 linear feet of 18-inch diameter RCP, 78 LF of 24-inch RCP,
and 397 LF of 36-inch RCP); the installation of reinforced concrete box culvert storm drain
(370 LF of 3'x3' and 643 LF of 4'x3'); 7 junction boxes with access; 7 curb inlets; 9 post
inlets; some adjustments to existing utility lines; and various surface improvements.
AMENDMENT NO.4: Amendment No. 4 to the contract for professional services with
Goldston Engineering Inc. consists of the Consultant providing a Project Inspector to do
construction inspection for 30 weeks at 40 hours per week at the rate of $60 per hour, for a
lump sum fee of $72,000. The inspection period is from May 2, 2006-November 28,2006.
BID INFORMATION: The City received proposals from three bidders on March 1,2006
(see Exhibit "B" Bid Tabulation)
EnQineer's Estimated Cost
$1,368,879
Low Bidder
$1,050,000.50
HiQh Bidder
$1,188,816.00
The proposal from Reese Contracting, Inc. had an irregularity that was noted at the time of
the bid opening. The contractor submitted a computer-generated proposal (which is an
acceptable submittal), However. when subtotaling the three sections ofthe bid (Parts A, B
and C), he made a typographical error and called Part C as Part B. Hence, he then had two
parts called Part B. But the actual bid items were all correct in each individual part.
Therefore, the irregularity was strictly a very minor typographical error which had no effect
on the completeness or accuracy of his proposal. This irregularity in the bid can only be
waived by the City Council at the time of the award of the contract. Goldston Engineering
Inc. and City staff recommend that the City Council waive the irregularity and award the
construction contract to Reese Contracting Inc. in the amount of $1 ,050,000.50.
>-lH:\HOME\RachelleIGENIDramageI2208\ConSI.uctionIAGEN D A BAC KGROUND.doc
~TRACT TERMS: The contract specifies that the project will be completed in 210
calendar days, with completion anticipated by November 2006.
PROJECT BACKGROUND: This project is part of the Council-approved Storm Water
Capital Improvement program's $55 million list of priority projects. During the course of
developing the CIP priority listing, consultants were hired to assess drainage in numerous
areas throughout the City. Based on the data, evaluations and cost estimates developed
through the consultants, the City developed a priority listing for implementation of the
improvements, Through the RFQ process, the City requested proposals and has opted to
hire numerous consultants to complete the $55 million CIP projects.
One otthe proposed priority projects, Leopard Street, was previously rehabilitated to a four
lane divided urban arterial street with a raised median as part of the 1986 Bond projects.
TxDOT matching funds were used to tund the construction; therefore, the project had to be
designed to TxDOT standards. Part of these TxDOT standards involved safety end
treatments of existing culverts and allowable side slopes. This portion of Leopard Street
has parallel roadside ditches with steep side slopes that are in excess of TxDOT allowable
standards. Additionally, most of the existing culverts and cross drainage structures do not
have safety end treatments.
Sidewalk work is being funded through the 2000 Bond Issue under the project category
Sidewalk Accessibility Improvements for the disabled, which provides for ADA curb cuts,
ramps and sidewalk improvements to ensure compliance with the Americans with
Disabilities Act.
PRIOR COUNCIL ACTION:
1. October 26. 2004 - Motion authorizing the City Manager or his designee to execute
Amendment NO.1 to the contract for professional services with Goldston Engineering
in the amount of $91,700 for a restated fee of $114,210 for the Leopard Street
Roadside Safety Improvements, Phase 1. (Motion No. 2004-393)
2, March 29. 2005 - Approving the FY 2005 Capital Budget in the amount ot
$178,074,800, (Ordinance No. 026188)
PRIOR ADMINISTRATIVE ACTION:
1. February 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2, March 13.2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
tirms (28 local and 14 out-ot-town).
3. March 15. 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-ot-town),
4. March 26. 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-ot-town),
HH:lHOMElRacheIIeIGENlDrainageI2208\ConstructlonIAGENDA BACKGROUND. doc
5, March 28. 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
6. September 30. 2004- Administrative approval of a small NE agreement with Goldston
Engineering, Inc. of Corpus Christi, Texas in the amount of $22,51 0 for Leopard Street
Roadside Safety Improvements, Phase 1,
7 March 21. 2005 - Administrative approval of Amendment No. 2 to the Small NE
Agreement with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of
$0 (no-cost amendment) for Leopard Street Roadside Safety Improvements, Phase 1.
8. March 24. 2006 - Administrative approval of Amendment NO.3 to the Small NE
Agreement with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of
$5,710 for a restated fee of $119,920 for the Leopard Street Roadside Safety
Improvements. Phase 1.
HH:lHOMElRachellaIGENlDrainage\2208\ConstructionIAGEND A BACKGROUND. doc
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EXHIBIT "B"
Page 2 of 2
PROJECT BUDGET
LEOPARD STREET
ROADSIDE SAFETY IMPROVEMENTS, PHASE 1
(Project No. 2208)
April 11, 2006
FUNDS AVAILABLE:
Storm Water,. ..,. ,.. ." .
StreetCIP..... ....... .....
Water... .. .. .. ,..... "
TOTAL.,.. .. .....
. ... .0> ... .., _, ... .,. ... .... . ....
. " ... ... ,. . '" a" .., ... 0.. ....
... . ... .... . ... . ... '" ... "0 e.'..
FUNDS REQUIRED:
Construction (Reese Contracting Inc.).. .." . ...." "..... ...
Contingencies (10%)... . . . . . , , , . . . ., , . . . . , . , . . . " ,.,. .,....'". ...
Consultant (Goldston Engineering},....."...,. """"""
Engineering Reimbursements. ... . ...."..,. ....", ...
Construction Inspection Activity.. . ...... .., ... .. ,.,..........,. ...
Geotechnical Services (Rock Engineering & Testing}.,.., ...
Misc (Printing, Advertising, etc.) . . . . " """ ...
T ota I .. .. '" ... "... . .. . .. .. . .. .. " .
H :\HOME\Rachelle\GEN\Drainage\2208\Construclion\Project Budget
$1,006,964.75
$123,233.00
$269,426.80
$1,399,624.55
$1,050,000.50
105,000.05
191,920.00
29,095.00
17,325.00
2,800.00
3,484.00
$1,399,624.55
EXHIBIT "e"
Page 1 of 1
File, ,M rO'ect\councilexhibits\exh2208,dwg
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PROJECT LOCA TION
(north side only)
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LOCA TION MAP
NOT TO SCALE
CITY PROJECT No. 2208
EXHIBIT "D"
LEOPARD STREET ROADSIDE SAFETY
IMPROVEMENTS, PHASE 1 (WARPA TH ST TO
ROLLING ACRES DR)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI. TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
IJ
....., -
- -
- -
- - --
23
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Second Quarter Report of the Health Benefit/Risk Management
Fund
STAFF PRESENTER(S):
Name
1. Cynthia C. Garcia
2.
3.
Title/Position Department
Director of Human Resources Human Resources
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1.
2.
ISSUE: Because of the unpredictability and fluctuation of the activity in Health
Insurance, Workers Compensation, and General Liability, the Council has asked for
quarterly presentations of incurred costs, and amounts paid in the Health Benefits!
Risk Management Fund.
BACKGROUND: Staff has been making quarterly presentations to the Council
for a number of years so that the Council can make adjustments to the Budget
as needed and informed decisions regarding insurance premiums.
REQUIRED COUNCIL ACTION: None
W (---'- ~0
Cyn hia C. Garcia .
ATTACHMENTS:
Quarterly Report
Power Point Slides
City of Corpus Christi, Texas
Department of Human Resources
Risk Management Fund
Report for Period Ended January 31, 2006
Health Benefits,. .. ,.,...
Workers { ompensation...
Cieneral Liabilities,
T ABLE OF CONTENTS
'. .. . .. .. . ... .. , .................................1
. . ....., ,.. ., ................,. .11
. ,. .......... ... ............... ..19
Health Benefits
Graphs Ii-I and 11.-2 below provide the claims count and dollars paid for each of the City's
health plans for Fiscal Years 2004, 2005 and 2006 through January. The data itself is provided
In Tables 11.-1 and 11.-2 following each graph. Second Quarter FY06 medical claims have
II1creased 22%, predominantly because of claims costs in Citicare Fire.
Number of Claims Filed by Plan
9000
8000 '
7000
6000
.. r
~:.,~~\
3000 ~ \
20001
100:~ ~:~ ~:: ~u1 ~l t !
Aug 03 Nav 03 Feb 04 May 04 Aug 04 Nav '04 Feb. '05 May '05 Aug '05 Nav, '05
---Bas~~_!l-~t~~re---:~~-=)(.~?!~=~--~&V ~Total -Trend]
Graph H-l
._..<
Number of Medical Claims Filed
Year AUI! SeDt Oct Nov Dee Jan Feb Mar Anr Mav Jun Jul Total
CitiClre FY04 2,693 4,776 4,516 3,634 3161 3,430 3,868 4,064 3,887 3,883 3,710 3,841 45,463
FY05 2,863 5028 4,229 3,751 3,811 3,871 3,963 4,576 4,031 4,292 4,146 3806 48,367
FY06 2,202 5,344 3,903 3,816 3,771 3,822 - - - 22 858
C iticare Fire FY04 694 983 950 775 770 797 809 906 904 1.028 830 778 10,224
; FY05 685 I 130 999 928 947 924 829 1,031 862 1053 1,072 937 11397
FY06 1,046 885 932 1,077 1084 1080 - - - - - - 6104
Citicare PD FY04 786 1286 1,228 1,035 1,122 1,058 1,19] 1,306 1,112 966 985 948 13 ,023
FY05 711 1,352 1,32] 1,137 1,064 1,126 1,080 1,224 1,047 1,060 1,170 984 13,276
FY06 546 1,46] 535 980 968 1,093 - - - - - 5,583
Citicare Basic FY04 40 125 78 85 64 89 130 83 130 99 ]07 95 1 125
I FY05 118 98 127 83 136 119 13] 140 117 157 149 120 1,495
FY06 87 266 162 121 141 116 - - - - - 893
Total FY04 4,213 7,170 6,772 5,529 5,117 5,374 5,998 6,359 6,033 5,976 5,632 5.662 69,835
FY05 4,377 7,608 6,676 5,899 5958 6,040 6,003 6,971 6057 6,562 6,537 5847 74,535
i FY06 3,881 7,956 5,532 5.994 5,964 6,111 - - 35,438
Table H-l
1
$2.000000
$1 800000
$1.600000
$1 400 000
$1 200.000
~
1lI $1.000.000
:g
0
$800 000
$600.000
$400,000
$200,000
Dollars Paid by Plan Including Prescriptions
\
\ ,
\1 .
" ---.----/~
\/,~
$-
Aug 03 Nov 03 Feb 04 May 04 Aug 04 Nov. '04 Feb. '05 May '05 Aug '05 Nov, '05
-- Basic
--Rx
-+- Police
-- D&V
___ Citicare -r- Fire
~Tolal -Trend
Graph H-2
Dollars Paid (In Thousands)
Year Au\! Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Total
Citicare FY04 947 799 714 477 620 461 595 699 605 653 638 659 7,866
FY05 675 807 739 694 747 719 806 747 1,067 672 980 740 9,393
I FY06 502 1,054 819 755 880 691 - - - - 4,702
Citicare Fire FY04 122 122 109 97 88 113 158 100 134 177 133 104 1,457
FY05 94 116 170 111 122 114 95 156 197 168 202 175 1720
FY06 179 139 219 213 375 256 - - - 1,382
Citicare PD FY04 294 198 169 162 197 190 197 317 178 286 251 202 2,639
FY05 103 390 240 154 147 225 254 70 183 170 234 176 2,346
FY06 129 215 212 216 131 233 - - - 1,137
IClticare BasIC FY04 1.541 22.675 14,011 9,899 4.331 9.923 11.966 4.958 6.945 10.675 11.060 7.280 115
! FY05 6.151 9.158 12.514 9.078 11.511 14.211 16.618 11.047 10.782 20.616 22.595 17.554 162
i FY06 7.725 28.929 29.544 20.019 26.288 18.902 0.000 0000 0000 0,000 0000 0,000 131.408
I Pharmacy FY04 267 201 200 191 211 221 210 236 221 218 214 22] 2,610
f FY05 220 229 247 231 271 264 247 283 267 243 276 286 3,064
FY06 271 261 256 288 281 302 - - - - 1658
; Total FY04 1,631 1343 1,206 936 1,120 994 1,171 ],357 I 145 1345 1246 I 192 14687
! FY05 1,098 1,551 1,409 1,199 1,299 1,336 1,419 1,267 1,725 1,274 1,715 1,395 16,685
I FY06 1,089 1,698 1,536 1,492 1,693 1,501 - - - 9,008
Table H-2
[able H-3 shown next, provides mformation regarding the change in claims filed and dollars
paid for each of the three major health plans (Citicare, Fire and Police), Citicare Basic and
Pharmacy claims from the first six months of Fiscal Year 2005 to the same period in Fiscal 2006.
2
2nd Quarter Comparison
! Claims % %
leiticar. Count Chanae Dollars Paid Chanae
FY05 23,553 $ 4,380,094
FY06 22,858 -2.95% 4,702,212 7.35%
Citicare Fire FY05 5,613 726,878
FY06 6,104 8,75% 1,381,617 90,08%
Citicare PO FY05 6,711 1,258,659
FY06 5,583 -16,81% 1,136,961 -9.67%
Citicare Basic FY05 681 62,623
!Pharmacy FY06 893 31.13% 1 31 ,408 109.84%
FY05 20,160 1,461,649
FY06 20,867 3.51% 1,658,010 13.43%
Table "-3
Graph H-3, shown next, compares the average cost per member (employee, retiree or Cobra
participant) for each of the health plans during the first half of the year for Fiscal Years 2005 and
2006. Table H-4 provides the data charted in Graph H-3 split out between both medical and
pharmacy claims. Finally, Graph H-4 shows the average cost per claim in total for each of the
past three fiscal years as well as Fiscal Year 2006 to-date.
3
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-T
Aug Sept Oet
II
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Graph H-4
Freauency Distribution
A frequency distribution gives us mformation regarding the extent to which those capable of
using a health plan actually use it. There are two main components of interest: the number of
persons making claims against the plan, and the amount of benefit paid out to those persons.
Compared over the course of a plan year, any number of characteristics can be identified. For
example, how quickly does half of the population reach $1,000 benefit? What benefit range
captures the bulk of the population? How much of the population hits high dollar benefit
amounts (in excess of $50,000) and when does it start happening? How many participants
simply don"t receive any benefit at all? And, finally, is this pattern consistent from year to year?
The follO\'vmg tables answer some of these questions for the first two quarters of the year.
5
F DO t ob fIst Q rt
51.01 %
requency IS rl U Ion ua er
care + Fire Police
, FY06 FY05 FY06 FY05 FY06
I
I
I i
, 62.36% 4- 58.01% 59.35% 62.77% 61.93%
I
I
I 37.64% 41. 99% 40.65% 37.23% 38.07%
~-~.-<----_.._-- ,-
I
I
1
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~7%-f 42.46% 41.37% 46.06% 44.67%
I
!
! , 49.28% 53.05% 53.95%
~9% -+ 49.38%
I .~.
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, ,
L Sep~_~j n/a n/a n/a
-_.~ i-- Citi
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i make
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! <=$500
\ benefit
f-' -
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<=$1,000
benefit
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I
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~, ~~:f;\t-t-O,Q?%-
_ >$50K .L__ S~l._
45.12%
Table H-5
requency IS rl u Ion n uar er
--~.
Citicare Fire Police
FY05 FY06 FY05 FY06 FY05 FY06
~-----~ .
72.01%_ 74.19%__: 72.51 % 72.89% 77 .20% 76.53%
~_2799o/'--~ 1 %- i 27.49% 27.11 % 22.80% 23.47%
I I .
, ,
I I
_~4,~1~~ }-'!4.22%_~~1 42,73% 39.38% 45.59% 43.08%
--
, I
I
55,89% 55,84%_n~ 52.94% I 50.63% 57.47% 56.86%
- -~---_.~
i
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0.13% 0.12% 0 0.24% 0.15% 0.15%
.---,-
Sept. Sept. n/a Nov. Jan. Jan.
--_._-
F DO t Ob f 2 d Q t
Made
claims
Didn't
make
claims
Rec'd
<=$500
benefit
Rec'd
<=$1,000
benefit
Rec'd
>$SOK
benefit
r--
When 1 sl
>$50K
Table H-6
It is important to remember that frequency distribution tables show plan utilization over time.
Those done on a month to month basis reflect the growth in usage of a plan over the course of
the plan year. As a plan year progresses, more people make claims, more people make additional
claims, and more deductible and out-of-pockets limits are met. As a result one can expect to see
a migration of participants into the bottom layers of the distribution and from the bottom into
higher levels of usage. At a certain level of use, the bulk of the population has been accounted
6
for and only outliers appear beyond that point. Although these outliers have a significant effect
on the plan. they do not define the main usage characteristics of the plan's participants.
Humana Report Data
In a report provided to staff this March, Humana provided plan usage data for the period
November I, 2004 through December 31, 2005 on an incurred basis (as compared to a Paid basis
j~,)r data prllvided in the reSl of this report), A number of key findings regarding the plans' usage
compared to peer usage were provided, Some of those findings are provided below.
rhe total spend of the three major health plans (Citicare, Citicare-Fire, and Citicare-Public
Safety) was $]7,489,519 (Ir $205.16 per member (i,e., participant) per month (pmpm). This
represents a 21 % pmpm increase over the prior 12 months and is eight percent above the peer.
The Citicare, Public Safety and Fire plans had respective total pmpm costs of $213.44, $184.89,
and $197 5~
(Jtilization was at the higher end of the spectrum, but consistent with the demographics for the
Citicare Group, ER utilization was somewhat excessive. Public Safety utilization was high,
particularly for average length of stay. outpatient surgery, and pharmacy. Fire utilization was
fairly conservative except f\')r pharmacy
Key medical statistics for each plan are as follows:
Medical
Citicare
"---r-~----' I
i----+ This Y e~~rior Year % Difference
. Total costs i ,
i pmp~~~ll}.44-+-!!.~.'f:Q3 I __30%
I HOSpItal costs I i ~
~pmpm ___+-__~~~7,95-+__$5~~.,56 I 61 %
Phannacy , '
__ cost pmpm~ ~_$~6.66_i__~ _$2,~. 1 ~_~ 12OC~_~_
I:~~;~ c~:in:Yo 1 : ! 1
of total claims I $39% I 31 % 1
"~,___ ___L_ ._ __ _,_,_. ,--------1__~...., _,___.,..~_L.._,__ ~.__.___,_._ ,_
Peer This
Year
$30.52
Comments
12% greater
than eer
22% greater
than eer
13% less than
eer
$190.03
$72.27
26%
-- Public Saf~fL~_ --- _ --i-----
'-----I~-~ ---'-'~
,
_:::::+- This Year I PriorYear
. Total costs i i
. pmpm ~~~~4.89 I __$2Q})2
Hospital costs I ~
· pmpm ----t _~~?.32 -4-- ~ $~~:47
Phannacy, .
I I
~~:~e m c~:ims . ~i~.68_-t_u1?J~Q9
>$25K as % I
. of total claims I__~% 38%
% Difference
Peer This
Year
-24%
$72.27
Comments
3% less than
eer
28% less than
eer
43% greater
than eer
-9%
$190.03
12%
$30.52
26%
7
Fire
-----r-~~ ----~
This YeaWJrior
Total Cllsts
e pmpm ,__ __+-_~,127,55 -l_~_Bi5
Hospital costs i I
\ I
,pmpm~ _+~_J~?~ --+___$3_~
Pharmacy' !
cost pmpm_l_, ~~. 5 1J,_+~_ ~~ _!~_Z
Large claims! I
>$25K a~ % I I
oLtotal clai~___~32% ...--J__~lj
~
Peer This
Year % Difference Year Comments
: 4% greater
I
,85 I 35% $190,03 than peer
-- --[-~--~
i
,63 i 60% $72.27
I 81 % greater
A5 16% $30.52 than peer
-_.--------------+-_.~-- -- ----,-~-- --
,
I
I
% ~~--~--- --- 26%
--
A key element to keep in mind regarding the reported costs of each of the above plans and what
IS done with that information is the population size of each plan. Smaller plans tend to have
greater volatility than larger plans. That is, outlier events have a much larger impact on a small
enrollment plan than on a plan with a large number of participants. As explained by the City's
actuary regarding the Police and Fire plans, "... plans with lower enrollment and plans that show
a higher degree of fluctuation.. . require a more conservative approach to determining funding
levels and forecasting future results. The high variance experience of these smaller plans should
lean the City to a more conservative funding approach and reserve setting methodology."
Utilization Detail
Citicare
~___ '===~~=P-I1is Year-~~~~
PCP* visits per 1,000 ,
members per month t- __2~3~_
Inpatient costs as a %
of total facility costs +__~~l % ~_
Inpatient Days per :
1000 members per
_~.-.2e~_..,__~_ __.1:17.7__,_
Admits per 1000 i
~~:~~:sl~~~e~~ t- ___1~.6_~
ER ~~:hs(~:~Yooo t- --~~-
members per month L 17,0
*"PCP" = Primary Care Physician
'~rYear Peer This Year
,
I 242 216
59% 59%
305.5 274.6
71.4 67.3
--------
4.3 4.1
- f--~~-
17.0 12.0
-~
8
rublic s=~fI==-~lThis Year =~~~-
PCP* visits per 1,000 .
t-.. me~bers per month +
Inpatient costs as a % !
of total facility costs j ___ 58~~__
Inpatient Days per .
1000 members per
year I 293.4
-'AdmitSper 100o~-1-- ----.,
members per year -+~~__J.!}:..L .
Average length of .
stay (da s)
ER visits per 1,000
members er month 13.0
*"PCP" = Primary Care Physician
Prior Year
235
227
,-
68%
316.1
71.8
4.4
52
15.0
Fire
f~:;s~tspe;l,~o()lThis Year -=- . . I Prior
I" members per month i 205 '
r Inpatient costs as a % !-- -- --t-.~~--
l of total facility costs -+~" 66% -- ---t' .--
, Inpatient Days per
1000 members per
i~- Admit~e;:r 1000 '-t- ,__11~J.__, --+-, ,
,_ members per year ~-+_ ,_-.i5~____--+-___
Average length of i.
stay (days) ",~, _ 3.9 ---f-
ER visits per 1 ,000
,membe.~per mo~h
Peer This Year
216
59%
274.6
67.3
4.1
12.0
,-
Year Peer This Year
" ,.
196 216
51% 59%
130.1 274.6
------
47.6 67.3
2.7 4.1
-,--
12.0 12.0
._._._----~_.-
10,0
Pharmaq
Citicare
==_=tlhis Y~ar .== =Ea
Total 'scripts per ! :
member per _
m~::b~r~~~) + ,- _".89 ,~- .~,-
share ti
Total Rx net paid
_~...2f!l.__ ~L,__ $26.66
st Year Peer This Year Comments
,---
7% greater than
0.83 0,83 peer
------~-~--- 1--
A vg. cost per
46% 'script = $24.13
-, ---- t-------
$23.19 $30.52
45%
9
~;:~~::~;eJfhiS Ycar~~1iast Year
member per i i
month (pmpm) ~,_,~I2L,_~_~__ 0.88
Member cost ; I
,~are __+~3% ~_~_ _ J-- 25%
Total Rx net paid I ;
_PfilQIn_ ~~ L ~_ $43.68 ___ ~j~_ $39,09
Fire
"" '--'--~---r=-'-'-'
i ~ear
["Total 'scripts per I
member per i
:_,month (pmpm) +__"jJ:98
Member cost I
share I 1 0%
---'--"-t--~
Total Rx net paid I'
, pm prr~__~_L,~,_~ '" $55.19
Last Year
0.93
11%
$47.4 5
Peer This Year Comments
10% greater than
0.83 eel'
A vg. cost per
'seri t = $14.29
43% greater than
$30.52 peer
Peer This Year Comments
18% greater than
0.83 eer
A vg. cost per
'seri t = $6.07
16% increase,
81 % greater than
$30.52 eel'
10
Workers' Compensation
General Information
Table WC-1 below gives summary claims data for the Workers' Compensation self-insurance for
the second quarter of each year since Fiscal Year 2002
WORKERS' COMPENSATION
5- YEAR NEW CLAIMS HISTORY
(Fiscal Year Basis - Period Ended January 31)
Year FY02 FY03 FY04 FY05 FY06
Total number of Claims 563 512 511 480 503
Total Incurred $ 876,628 $ 1,171,712 $ 1,139,845 $ 565,031 $ 707,974
Total Paid $ 322,767 $ 412,443 $ 361 ,3 14 $ 276,772 $ 282,189
% of Total Incurred Paid Out 37% 35% 32% 49% 40%
Number of Claims Paid> $1.00 244 286 341 321 265
N umber of Indemnity Cases Paid On 54 50 67 39 36
Number ofMO Cases Paid On 190 236 274 282 229
Number of Claims Not Paid On 319 226 170 159 238
% Indemnity Cases of Paid-on Cases 22,13% 17.48% 19,65% 12.15% 13.58%
Number ofCCFD Claims 94 73 72 65 64
Number of CCFD Response Calls 13,753 13,577 14,387 14,737 15,802
CCFD Claims per Call 0.0068 0.0054 0.0050 0.0044 0,0041
Number ofCCPD Claims 166 132 161 123 131
Number ofCCPD Response Calls 84,392 78,879 84,486 82,358 82,332
CCPD Claims per Call 0.0020 0.0017 0,0019 0.0015 0.0016
Table we- t
Graph W C ~ 1 and Table W C-l provide claims count data by department. Several departments
have basically the same number of claims thus far this year as they had last year, and, in fact, are
fairly consistent from year to year. Other departments, however, have seen a significant increase
In claims compared to last \ ear.
11
600
500
.... 400
c
~ 300
o 200
100
o
Year to Date Claims Count Comparison
(Period Ended January 31)
FY02
FY03
FY04
FY05
FY06
2nd Quarter
Graph WC-l
. Street
EI Gas
. Water
. Wastewater
. Parks
. Fire
. Solid Waste Services
. All Other
o Solid Waste Services
Cumulative 2nd Quarter Comparison - Claims Counts
FY02 FY03 FY04 FY05 FY06
Department Count Count Count Count Count
Police 166 132 161 123 131
All Other 88 112 94 102 99
Solid Waste Services 88 80 56 58 74
Fire 94 73 72 65 64
Parks 29 19 28 42 40
Wastewater 37 30 28 33 32
Water 15 24 21 22 31
Gas 23 27 31 20 20
Street 23 15 20 15 12
Total 563 512 511 480 503
Table WC.2
Graph WC-2 and Table WC-3 present the incurred costs for workers' compensation claims at the
end of the second quarter for each of the previous four years and Fiscal Year 2006. Parks,
Wastewater and Street had basically the same number of workers' compensation claims this year
as they did for the same time period last year, but incurred costs are down. Police, Fire, Water
and Gas have seen an increase in incurred costs, however, Regardless, incurred costs thus far
this year are significantly lower than they were for Fiscal Years 2002, 2003 and 2004.
12
l!!
s
'0
c
$1,400,000.00 T
$1,200,000.00
$1,000,000.00
$800,000.00
$600.000.00
$400.000.00
$200,000.00
$0.00
Department
Solid Waste Services
Police
All Other
Fire
Parks
Wastewater
Water
Gas
Street
'otal
Year to Date Incurred Cost Comparison
(Period Ended January 31)
'-~
I
1
uJ:
. Street
EI Gas
. Water
. Wastewater
. Parks
II Fire
. All Other
. Police
o Police
~-
FY02
FY03
FY04 FY05
FY06
Cumulative 2nd Quarter Comparison - Incurred Costs
2nd Quarter
Graph WC-2
FY03 FY04
Incurred Incurred
$57,271.33 $83,578.77
397,808.77 585,463.28
246,084,70 186,048.66
270,643,85 126,394.64
13,933.06 19,968.88
78,348.18 37,533,37
16,190.48 11,279.88
23,204.47 42,036,17
68,226.95 47,541.10
$1171,711.79 $1,139,844,75
Table WC-3
FY05
Incurred
$90,671.74
138,395.22
91,587.67
31,716.42
93,057.92
58,721.43
12,828.86
15,708.37
32,343,79
$565,031.42
FY06
Incurred
$200,863,26
191,402.53
81,182.39
70,201.62
41,476.09
38,326.23
37,091.72
29,895.96
17,534.50
$707,974.30
FY02
Incurred
$76,688.85
300,79327
167,614.00
112,518,34
46,361,18
44,227,92
66,842,25
10,842.02
50,740.27
$876,628,10
Graphs we-3 and WC-4 below compare incurred costs to paid costs and paid-on cases to no-
dollar-paid cases. The low level of dollars paid out, as reflected in Graph WC-3 is reflective of
the time-sensitive nature of Workers' Compensation claims. The incurred cost is an estimation
of the total expenses and benefits to be paid out on claims. However, benefit costs (impairment
mcome and temporary income) are distributed over time whereas most medical and
administrative expenses are paid relatively quickly,
13
$1.400,000 r
$1,200,000
r.! $1,000,000
..! $800,000
"0 $600,000
c
$400,000
$200,000
$-
Incurred Costs vs Paid Costs
600
500 --l
400
300
200
100
FY02
FY02
FY03
FY04
FY05
FY06
.~
Fiscal Year - Period Ended January 31
~-"--~- n----~-:::;l
I- Totallncu~ Total Paid I
Graph WC.3
FY03
FY04
FY05
FY06
[__ ~~be~;i CI~I;"S. N~~~O~~~b~d;;~~it~ Paid On 0 Number of MO Cases Paid On I
Graph WC-4
Ineurred Cost and Claims Maturation
Graphs WC-3 and WC-4, shown above, represent dollars paid during the first half of each year
for claims filed during the first half of each year. However, since many claims are not closed
immediately, at any given time the City will be paying for claims filed months or years previous.
Graph WC-5 below reports the amount of money paid out during the first two quarters of Fiscal
Year 2006 for claims which were filed in previous years. As might be expected, the largest
expense is attributed to claims filed in the immediate previous year. However, significant
amounts of money were also paid out for claims in each of the previous fiscal years.
14
Dollars Paid in Current Year
for Prior Years' Claims
:2
ftJ
Q..
e
.!!
o
o
$450,000
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$-
$263711
$10,350
Prior to
FY2001
FY2001
FY2002
FY2003
FY2004
FY2005
Year of Claim
Graph WC-5
Tvpe of Accident
Graph WC-6 shown next provides claims count data by the type of accident occurring during the
first six months of each of the recent fiscal years. The number of accidents due to falls and slips
or due to strains continues to be fairly consistent from year to year and these are two ofthe main
types of accidents the City lllCurs,
I
S 'k' 'v ' I
lID tn Ing agalns stepping on '
o Police apprehension
. Foreign body in eye
. Animal/Insect Bite
iii Strain/Injury by
II Struck/injured by
. Motor vehicles
. All Other
. Falls/Slips
. Cuts/Scrapes
o Caught Between
. Burns/scalds
Year-to-Date Claim Count by Type of Accident
(Period Ended January 31)
600 T
500 1
400
....
C
:J 300
0
0
200
100
0
FY02
-
FY03
FY04
FY05
FY06
Graph WC-6
15
ACCIDENT TYPES BY QUARTER
PERIOD ENDED JANUARY 31
. -l~-]==~~J~
; FY02 1 FY03
l-~--- 621 90
: 21 24
r----- 28 13
+-~_."
. 12 7
f ---
34 45
77 55
.'5 -1sr
10 -~
27 0
~- --
125 159
20 21
142 58
563 512
Table WC-4
Accident Tvpe
All Other
Animal/Insect Bite
Bums/scalds
~aught ~!\yeEm
futs/Scrapes_
FaNs/Slips
~_oreignb~~n~~ye~ _
Motor vehicles
~-"'-""~----'-~'----'-
Police apprehension
Stl'8inltnjury by___,_
Strtki against/stepping 0"----___ ~ _~
~!rucklir~luEed by ~
-- _._----
---.-~._._----- ---_._~
FY04 FY05 FY06
78 78 98
42 30 36
7 8 13
6 16 8
37 39 49
74 75 76
12 13 14
28 26 21
0 0 0
125 122 137
17 14 13
85 59 38
511 480 503
TVDe of Iniun'
Graph we -7 (Table WC-5) shown next gives claims counts by type of injury. Consistently,
strains are the most common type of injury sustained. Sprains, lacerations and contusions are
other frequent injury types Two new types of injuries have been added to the graph for Fiscal
Year 200(, because their numbers are becoming significant. Those new types are injuries
classified as "multiple physical injuries," and non-physical injuries associated with glasses,
<.:ontacts or other artificial appliances.
Year-to-date Claims Count by Type of Injury
(Period Ended January 31)
600
500
400
...
c
= 300
o
u
200
100
o
FY02
FY03
FY04
FY05
Graph WC-7
FY06
II Glasses/contacts/artifical
appliance
. MJltiple Physical Injuries
o Inflam ation
. Strain
. Sprain
Ii Puncture
o Laceration
o Foreign body
16
Workers' Compensation
Injury Code Report Period Ended January 31
TVDe of Iniury
All other trauma
Burn
Contusion (bruise)
Foreign bOdy
I nflamation
Laceration
Multiple Physlcallnjunes
Glasses/contacts/artifical appliance
Puncture
Sprain
Strain
FY02 FY03
84 146
10 13
134 54
8 15
39 9
41 40
15 26
55 43
1 77 166
563 512
Table WC-5
FY04
169
7
85
12
17
33
FY05
159
7
53
13
6
44
31
47
110
511
32
46
120
480
FY06 % Chanae
139 -12.58%
6 -14.29%
53 0.00%
15 15,38%
8 33.33%
45 2.27%
15 new
11 new
27 -15.63%
51 10.87%
133 10.83%
503
Severity Report
During the first three months of Fiscal Year 2006, one workers' compensation claim was filed
which reached this report's threshold of $50,000 incurred. By the end of the second quarter,
another claim had reached that threshold This new claim is associated with a Solid Waste
employee who fell from a piece of equipment and injured his back and shoulder.
SEVERITY REPORT (CASES IN EXCESS OF $50,000 INCURRED COST)
Period Ended January 31
.._..~ I
i FY02 FY03 FY04 FY05 FY06
N umber of Cases , I 3 2 0 2
Responsible Wastewater, Solid
Departmem(s) Water Fire, Police Police nla WastelPolice
Total Incurred $ 51,g50.22 $ 245,511.08 $ 291,943.00 $ - $ 139,729.85
Incurred per Claim 51,950.22 81,837.03 145,971.50 - 69,864,93
Amount Paid 14,748.04 68,862.37 18,941.12 - 51,221.99
Reserve Remaining 37.202.18 176,648.71 273,001.88 - 88,507.86
Claims Activity
The Claims Activity report is provided next in Table WC-6. This report records the actual
business that occurred each month of the fiscal year. It gives the number of new claims filed
during that month, the number of claims closed, the dollar amount paid out and the number of
outstanding claims and mcurred costs left at the end of each month.
17
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GENERAL LIABILITIES
General Information
The General Liability data base incorporates three different types of "claims." The bulk of the
data is in regards to claims alleging damages to another party by City employees or as a result of
City activities. The second type of data regards litigation filed either against the City or on
behalf of the City Finally, the City maintains within the General Liabilities data base
mformatlOTl on Collectibles, that is, claims where another party has damaged City property.
Collectibles information is not presented in this report,
Graph GL- i and Table GL-l provide information on the types of claims filed under the City's
self-insured General Liability coverage for the first half of each of the current and past four fiscal
years. Claims involving damage to vehicles remain the single most common type filed against
the City These types of claims include not only vehicle accidents, but other situations such as
when a vehicle is damaged by falling objects, by potholes or by freshly laid tar. Property
damage, the next most frequent type of liability claim, is usually damage to City property,
general property damage, and utility cable damage.
The nwnber of claIms filed against the City for the first two quarters of Fiscal Year 2006
continues to improve over previous years.
600 ~
Types of Claims - Period Ended January 31
500
tII 400
E
'(ij
U
'0 300
~
E
:J
Z 200
100
o
2002
2003
I
H~__'___'__ -l
I
-I
I
I
--- ~I
2004
Fiscal Year
2005
2006
~. Polic,eslPraclices/Conlracl . Veh ,cle Damage-
o Police-related 0 Fire Department-related
. Pr~e_rty Dama9~-relate<!.~ ~~~ers~r1.allnjury-~elate<!._ _ _
Graph GL-l
o Employment-related
. Water/Waste damage-related
. All Other
19
1 GENERAL LIABILITY CLAIMS TYPES
f _..-.---- ~ _. ,....__. __.~_____._ __.0- ~~
i ~ ~~ ~f January 31 of Each Year
I ~
2002 2003 2004 2005 2006
-~--_....._- ---- .---------
Vehicle Dam~~~~~_ 137 223 219 197 179
~- ~- " ~-~,~ - " ~,,~~ 'U_, --:-::-::- ~~, .",
Property Damage-related 260 162 149 96 96
---- --------
lfjaterNl/aste dam ag4:~-related 38 50 34 29 28
--- -- - ~ ~
Police-refated 4 16 22 19 10
--..-,---,--- ---- .- --
Personal Inlu'Y:!"ela~~ . ~ 20 22 17 16 16
~- ----- ,-~~ ,. - ~2 _n ~~~'~'~-5 --- ,
All Other 10 10 7
----~_._.- "" ~--_.- u - ~~-~ .,.,. '~'_'n ,~_ _, _u~
PoUciesJP ractices/Contract 22 7 8 8 4
--..-...- ~ ~-,~~~ ~... - ~~ ~-~"1 -'
Employment -related 2 0 0 3
-"-'- _-0_- "~ ' - ~-1 -,-.- -~~-1 _u
Fire D~a"r!ment-!~~~ed 2 1 0
----- -------
Total 486 487 461 376 343
Table GL-l
Claims bv Department
Graph GL-2 charts the claims count for the first half of each fiscal year for various departments
within the City. Table GL-2 provides the same information in tabular form. Claims against the
Police, Streets, Gas, Sanitation and Fire departments show a significant improvement over
claims filed during the same period last year. Claims against the Water and Storm Water
departments have increased, however.
600
500
j
u: 400
C/)
E
'cu
<3 300
-
o
...
!
E 200
;:,
Z
Liability Claims Count by Department
Period Ended January 31
100
o
FY2002
FY2003
FY2005
FY2006
FY2004
l~F~ ~ ~ G~S .F'~r:k_~aintenance ~Pol~ .~,r1i!ation II1II Storm Water 0 Streets. Wastewater. Water. All Others I
Graph GL-2
20
GENERAL LIABILITY CLAIMS COUNT
BY DEPARTMENT
_,_.~ periOd. Ended JanU81 31_-=-__
!
FY20ej'1 '~FY2002 - ~ +- -i=Y2003-
De artment
Police
l Streets
LAII Other
, Gas
t'Nater
! Wastewater
i Sanitation
J
I Fire
r StormWater . .._ .
i,Park ~~in~nance
iTotal ~_~__~
93, 80:
9-1' '711
- r~; ------ -~*=:~
- ~5~ -m--
1~g I ~~t
~ .. u-i2117~- ..'.-".'.'._"
141
--j
8:
4861 487
Table GL-2
98
81
62
48
44
31
39
22
21
15
461
FY2004
75
43
60
39
41
31
41
24
7
15
376
FY2005
69
33
55
26
50
37
22
17
22
12
343
Graph GL- 3, shown next, provides the incurred cost by department for claims filed during the
first two quarters of each year. The largest claims costs filed during the 151 quarter of Fiscal Year
2006 were for vehicle accidents, of which two were within the Police department ($74,185 and
$15,000 incurred) and one involved Neighborhood Services ($40,400 incurred). During the
second quarter. a large claim was filed against the Engineering department.
I ncu rred Costs by Department
Claims Filed, Period Ended January 31
$1,800,000
$-
._~~
~-
$1.600,000
$1,400,000 i
$1,200,000
$1,000,000
$800,000
$600,000 t
$400,000 i
$200,000
FY2002
FY2003
FY2004
FY2005
FY2006
. Fire
. Water
o Storm Water
. Police
. Gas
. All Others
. Sanitation . Wastewater
o Streets . Park Maintenance
Graph GL-3
21
GENERAL LI ILlTY INCURRED COSTS
BY DEPARTMENT
"'- Period Ended Janua 31
.----- ------.--..- -
---"'--- FY2003 FY2004 FY2006
FY2002
$ 206,055 95,342 163,011
- 18,801 4,261 9,857
~--m_--i' 63,280 52,077 1,403,233
11 7,152 I
23,057 . 16,717 t--- 12,742 9,526
--- -'-----=1- n 26,042 ! 9,768 19,191
--~14,014f- ""- 52,238 13,292 4,912
~--~- ~-=+- 46,958 16,887 43,127
-.-..----"---- - -"
,_7,508 6,459 1,783 3,642
18,366 22,360 6,801 3,550
~,- -- 8,061. 1,669 1,471 3,175
$ 188,158 $ 460,577 $ 214,424 $ $ 1,663,224
Table GL-3
---.".--
De rtment
Po
l Streets
~AII Other. " ~ __,~_ _ .
! Gas
! Water
,
l Wastewater
~ Sanitation~
i Fire
1---
I Storm Water_ __ _~ ~_
I Park Mainte~ance_m
jTotal
Dollars paid out by department are included in Graph and Table GL-4.
General liabilities Dollars Paid
Period Ended January 31
$250,000 ,-----'-' -. ----.
$150.000
$200,000 1-
I
1
r!
.!!
"0
c
$100.000
$50,000
$-
FY2002
FY2004
OFI~",-~.~Q~s 0 P~rk Mair1!ena;':;:<:.. .?~~cl! . sa~tion .- Storm Water. Streets D Wastewater D Water .AII Other!
FY2005
FY2006
FY2003
Graph GL-4
22
FI CAL YEAR LIABILITY CLAIMS PAID COSTS
BY DEPARTMENT
--.. --- ----...------ - .---~~' Period Ended Janua~ 31 -,-'_..-
---, ------ I .
-----~ FY2002 FY2003 - FY2004 FY2005 FY2006
De artment
Fire $ 7,450 $ 6,413 1,494 $ 1,296 409
Gas- --12,906 --15,489 ' 137 5,400 9,076
Park Maintenance -- "9,064 + ----~-~ -1,271 9,336 2,720
669 '
--..-----.--1 - - +---- -
~Police 1}, 1 09t ,__ 133,724-1 _ 34,331 5,063 68,246
; Sanitation 13,846 15,656 I 12,069 6,917 22,942
f- -,~--t
i Storm Water 2,771 i 15,619 4,137 305 2,980
t - Streets -T7,71ST - 5,341 3,761 9,364 4,119
, ,-, ---- ---- - ~-30,246 + -
I Wastewater 6,839 9,644 23,797 4,063
, Water 8,407 -t- _17,376 271 16,200 16,934
All Other --14,422 t 7,115 8,303 37,220 48,904
Total -1-$ 133,936 $ 224,241 $ 75,418 $ 114,897 $ 180,394
Table GL-4
Erred of Claims Maturation
Graph GL-5 charts the amount of money paid during the 2nd quarter of Fiscal 2006 for claims
tiled in previous years.
Dollars Paid in Current Year for Previous Years' Claims
(As of January 31,2006)
$160,000
$140,000
$120,000
$100,000
i!!
.!! $80,000
'0
c
$60,000
$40,000
$20,000
$-
Thru FY01
l-
II Fire
. Sanitation
l1li Water
- -- ~ ----
FY02
FY03
FY04
FY05
. Gas
o Storm Water
. All Other
. Park Maintenance . Police
o Streets . Wastewater
Graph GL-6
City Vehicle Accidents
Table GL-5 documents the number of accidents by city vehicles from month to month for Fiscal
Year 2005 and 2006 "Preventable Accidents" are defined as those events in which the driver
fails to do everything reasonable to avoid or prevent the accident.
23
CITY VEHICLE ACCIDENTS
I Fiscal Year 2005 Fiscal Year 2006
I
I Number
i
Number of Number of Number of Number of of Number of
Month Accidents NCl's* Preventables Accidents N CI' s * Preventables
August 36 6 13 29 1 12
Septem ber i'") 5 11 34 1 15
~,i...
October ,<; 8 10 19 2 9
..~
November 29 I 12 23 1 13
December 26 2 10 19 1 8
January 29 1 11 18 0 8
February 21 1 8
March 23 3 11
April 35 6 13
I May 17 1 10
I June 27 2 11
I July 23 1 9
I 323 38 129 142 6 65
Table GL-5
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24
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: April 11 , 2006
AGENDA ITEM: Development Services Processes and Procedures - Status Report
CITY STAFF PRESENTER(S):
Name
Title/Position
Department
1. Margie C, Rose
2. Ronald F. Massey
Assistant City Manager
Assistant City Manager
City Manager
City Manager
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanization
1 George Arimes
President
Horizon Centre, Inc.
ISSUE: Council requested update and presentation on the Development Services
processes and procedures to include all departments in process. Staff is providing update
to CounciL
~ C. yC(00fLJ
Margie CRose
Assistant City Manager
~~
Ronald F. Massey
Assistant City Manager
City of Corpus Christi, Texas Development Review System Improvements
Status Report to City Council
April 11, 2006
I. Background
r he City Manager s Office, cross-departmental staff teams and the customer Development Services
A.dvisory Group (DSAG) have been working on a three-phased effort to improve the land
development and building system (Figure 1) The purpose of this status report is to identify the
'lear-term improvements, the general
sequence of events over the next
three (3) month period, and the
expected completion timeframe for
each of the key improvements,
In late August 2005, the System
Assessment and Improvement Plan
("Plan") was completed, thereby
finishing Phase 1 of the improvement
process, The "Plan" identified
twenty-three (23) improvement
strategies that centered on creating a
"Project-Oriented System" to focus
on facilitating a customer's project
through review and construction
process in an integrated and
seamless manner
Phase 1 also included the definition
of the customer's key expectations
for successful service delivery. The
"Desired Outcomes" list supported by
the DSAG IS included in Attachment
1 starting on page 6
Figure 1: Overall Improvement Process
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Phase 2, the System Operational
Design Phase. has been well
underway for the past six to eight (6
8) months and is nearing completion
In the next couple months. Two key focuses have occurred during this period, including:
The Staff Steering Committee (SSC), including managers and supervisors, has been working to
shore up staffing capacities given the historically heaving workload and the need for line-level
staff to spend time designing system improvements.
The Staff Action Team (SAT) has been defining a series of system-wide design components for
the project-oriented system. These ongoing improvement "deliverables" will be outlined in the
next section
Phase 3, the Piloting and Implementation Phase, is expected to begin in concurrence with the
completion of the Phase 2 Designing. Short-term piloting and implementation is expected to begin
In the next couple months and other longer-term implementation tasks will be further designed.
Page 1
A"" a companion to the three-phased system improvement
effort. the Unified Development Code (UDe; is being
drafted by Duncan & Associates The UDC centers on
updating requirements for zoning, platting and related
general development standards While the UOC is a
parallel process, coordination is ongoing by staff to ensure
tnat requirements In the uoe are consistent with the
proJect-onented system and other improvements outlined
in the ~Plan The UOC is expected 10 be drafted and in
the public hearing process for adoption by December
2006.
II. Current Ongoing Improvement Designs
The Staff Action Team (SAT) has been working on many
of improvement strategies since the Improvement Plan
was completed, Two (2) staff design teams have been
formed to simultaneously respond to many of the twenty-
three (23) improvement strategies. The design teams
include:
Unified Development
Code (UDC) Goals
Simplify the
Development Process
Provide for
Alternatives and
Creativity that
Encourage Quality
Development
W Increase Document
Usability
'-,J Incorporate Innovative
Planning Principles
UJ Be Legally Sound
<IT Counter-Based Desiqn Team (CBDT) Designing processes and project management for
simple project types with a single customer contact or requires minimal staff discipline support.
These projects are typically walk-in type customer activities.
<IT Submittal-Based Design Team (SBDT) - Designing processes and project management for
complex project types that requires multiple discipline reviews and public hearings. Typically,
platting and infrastructure improvement projects fit into this design category with ongoing issue
resolution
Both the CBDT and the SBOT are designing system improvements to include the following details:
Detailed process descriptions, flow charts, and process step attributes tables
Define specific resources needed to efficiently execute each step of the process (technology,
data, publications and space layouts)
Define specific performance measurements for business processes to meet the customer's
desired outcomes
Define specific staffing roles and responsibilities and estimated staff capacity to meet the
performance goals.
Specifically, five (5) deliverables are expected to be completed in the next three month period by the
two Design Teams (CBDT & SBDT) (Figure 2 on next page). The deliverables are expected to
complete the Phase 2 design effort and move the project into the Phase 3 testing and
implementation.
Deli~rable 1: System Operational Desian - the work products from both Design Teams will be
combined into standardized processes for the typical customer project types. In addition, the design
will define how projects will be facilitated by project managers, what team members should support
the review and construction process, and how issues are resolved that may arise during the
process. Physical layouts of the "one-stop" center will be evaluated and designed to improve
customer flow.
Page 2
Del\Verable 2: Data Assessment & Conversion Strategy - this deliverable focuses on identifying
all the data and information sources that staff team utilize for pre-application services, plan and plat
review, and construction inspection activities Real-time access to these sources of information are
key for consistent and reliable staff and customer decision-making. Therefore, a conversion strategy
NIl! be defined to covert key items to an electronic form
Deliverable 3: Performance Measurement Program the work products from both Design Teams
will be combined into standardized processes for the typical customer project types. In addition, the
design will define how projects will be facilitated by project managers, what team members should
support the review and construction process, and how issue are resolved that arise during the
;JfOceSS.
Deliverable 4: Regulatory Framework Assessment - this deliverable will center on listing and
assessing the current policies, criteria, guidelines, standards, publications and departmental
directives. The Assessment will incorporate and be a companion tool for the ongoing Unified
Development Code update project and other short-term master plan updates, The assessment will
provide insight on the priority for updating existing
regulations or drafting missing requirements to assist
with the design, review or construction of projects. Figure 2: Near-Term Oeliverables
Deliverable 5: Cost-of-Service Study & Fee Analysis
this deliverable includes assembling development
activity and labor hour data to perform a cost-of-service
study to assess the actual cost of issuing individual
approvals and the overall cost of providing services
The results of this study will define the appropriate
resources needed for specific parts of the system and
will aid with evaluating the current fee structure. A key
improvement strategy has been to ensure adequate
resources in the system to match customer demand,
thereby, creating more predictable and timely services,
III. Initial Implementation Phasing
rhe Deslgnfeams (CBDT & SBDT) have evaluated
and agreed upon several system design components,
including the core business processes, comprehensive
workload types and related volume, system roles, and a
tailoring strategy for simplifying project processing, The
design teams now progress to the final stages of
detailed core business process designs, Figure 3
illustrates the sequence of steps for parallel designing by the design teams, the phased
Implementation strategy, and the anticipated timing, As illustrated in Figure 3, three implementation
phases are expected in the next three (3) months, including
Implementation Phase #1
~ Consistent Entry Point for all development-related activities, whether by walk-in, phone, fax,
ernail, or online service requests.
~ Counter-Based Early Assistance (EA) for all site-specific information or interpretations to assist
customers with formulating project parameters.
Page 3
Implementation Phase #2
~ Counter-Based Prolect
ManaQement to support the
issuance of all project types
that have a single custo'ner
contact or requires miniinal
staff disclpltne support,
This level of application
would if lclude the 'tradE::
permits, residential typP
construction, and some
miscellaneous planrling
approvals,
Implementation Phase #3 Apri/15
~ PilotinQ Proqram Kick-off for
Submittal-Based Proiect
ManaQement for selective
and representative project
types The concepts and
roles of Project Manager,
Multi-Disciplinary Teams,
Facilitated Team Early
Assistance (EA), the
Standardized Issue May 15
Resolution Protocol and
Real-Time Application
Intake will be tested and
validated with actual
customers,
IV. Success Factors
Several key success factor~
have been critical and Will June 15
continued to be critical in order
to move this improvement
project from the design vision
into an implementation "reality",
Including
Figure 3: Design. Testing & Implementation Phasing
SAT-
Project-Oriented Design Framework
. Core Business Processes II.
. Project ManaQement Roles
. i~ue ReSOlution Process
. Application & Activity Assessment
. I'ata & Resource Suoport Needs
---2
3
,
t
/~
~ u~~~~
,--..4 I ~
, i Implementation
: ! Phase #2
,
,
t
~pectic:J
Graphic Key
'- -1 .. ' CBOT Work Sequence
'- -1 .. _ S8DT 1I\br1< Sequence
..... ' Implementation Planning
r'~'~~-1 - Phased Implementation
Timing
l_
1----:
4
.
.
.
~;~~
System-Wide
Implementation
Transition Planning
1 There must be continued
and unprecedented staff
buy-in and cooperative participation from all departments to design and implement the
envisioned project-oriented system
2 The operational design teams cannot be constrained by existing processes, department or
organizational boundaries. or process ownership,
3 Standardized processes will be established, however processes that are already working well
must be identified and preserved where appropriate.
Page 4
" A standard Issue resolution protocol must be clearly defined and accepted by the City
Manager's Office all department Directors involved in the process, customers, and elected or
appointed officials In order to meet the customer's timeliness and predictability expectations,
this protocol ['lust be properly utilized from the customer's initial project pre-application process,
through the review and approval stage, and through the conclusion of construction and/or
occupancy. Lack of a consistent decision or issue resolution process has been the customer's
primap, complaint ir thi more complex processes, such as platting.
The concepl of staft empowerment and keeping them accountable for efficient and effective
processing of customel projects must be embraced by managers and supeNisors alike in order
to reduce tlflleframes and improve predictability.
b Development SeNlces Advisory Group (DSAG) involvement and support at every step of design
and implementation wili be critical to success.
The process does not stop at the end of the next three-month initial implementation period.
Additional implementation & transition planning must be defined for the remaining complex tasks
including cost of seNice study & fees evaluations, regulatory updates (i.e. - utility master plans),
data conversion, supporting technology enhancements, and staff classification and capacity
evaluations Many of the initial strategies have already begun to be evaluated in the other
deliverable discussed earlier in the report.
Page 5
City of Corpus Christl, Texas
Development Review System Assessment
Attachment 1: Customer Desired Outcomes
September 14, 2005 DSAG Draft
, he following outcome statements capture some of the customer expectations for the City of Corpus
('hristi development review :,ystem. The statements were captured by the Consultant through a
,ones af Uicilagues with tile ,JevelapilJent Services Advisory Group (DSAG) and its subcommittee
members These outcomes form a collective foundation for the design of system improvements
and a measure of success during implementation Please note, the order of the outcomes listed
below does not denote a Driority or level of imporlance
The City of Corpus Christi development review system is more successful if... ... ... ...... ... ......
Theme: Accountability for Quality and Consistency of Decision-Making
There is a consistent process to resolve project issues. The decision-making body should
delegate the resolution authority to the lowest appropriate staff level and expect issues to be
resolved at the earliest legal time possible. Issues are resolved in a quick manner. If the issues
are not resolved, the project moves fOlWard to decision-making.
When disagreements arise during review, City staff accepts the professional's design when it
meets <X)des and policies or offers alternatives that also meets codes and policies,
There are clear lines of accountability within the development review system to make a decision
on rules and procedures
Decisions "stick" when they are made by a staff member.
Staff is accountable for making decisions or there is a consequence.
Applicants and staff take responsibility for their respective roles in the process.
All participants do what they say they will do or communicate what has changed.
Theme: Implement City Goals and Policies
.; The rules are clear enough to know how to design without having to ask a person to interpret
them
There is clarity on what is required by codes versus what are optional design considerations
There is an agreed upon set of codes and standards that apply to review of applications.
Changes to standards are communicated to and discussed with customers prior to
implementation.
< Interpretation of regulations is consistent with intent.
.;~ There is consistency in the application of rules and procedures between departments and
individual staff members"
Theme: Communication of Regulations, Requirements, and Process
. The process is tailored to the needs of the projects, including staff that are involved and steps that
apply
y The process is understandable and works for a variety of customers,
The procedures should be tailored to account for simple to complex projects
The process and required approvals are communicated clearly, early, and consistently.
"' Issues the applicant must address are identified and communicated as early as possible.
. Information on project status is easily accessible to everyone participating in the process.
September 14, 2005
Section 2: Desired Outcomes
Page 6
City of Corpu~ Christi, Texas
Development Review System Assessment
Theme: Staff Responsiveness and Service to Customers and Other Staff
There is ,1 positive attitude and commitment to customer service when interacting with the staff.
There is a "partnership" culture between staff and applicants to get a project approved and
constructed in a cooperative manner
Staff i~ responsive ttF;Y 'lOW up Jvith ,1 qood attitude, and work with the customer to solve
proble i1l~
The performance measurement program and system provides incentive for staff to promote
efficiency timeliness and decisiofl~maklng, and quantity of development.
Customers have assigned staffs that. on all levels, have appropriate authority to manage the
process, mterpret or apply codes and make timely decisions or recommendations.
There is an intention to get to 'yes' or quick "no" on Issues and applications.
There are sufficient resources, including staff and training, to achieve these
expectatIons/outcomes, if the demand (workload) requires it, then resources should match the
service need
Theme: Predictability of Process and Results
There are consistent, standard operating procedures for customers to follow. There is a process
to communicate changes to procedures before they occur.
The process is predictable and timely, Estimates of processing time are readily available.
The review and hearing processes are not unduly affected by politics or personal opinion.
Performance standards are established, agreed upon and reviewed periodically to assess results
v Applicants, with facilitated staff help, submit complete and accurate applications.
Septernber14.2005
Section 2: Desired Outcomes
Page 7