HomeMy WebLinkAboutAgenda Packet City Council - 05/15/2007CITY COUNCIL AGENDA
MAY 15, 2007
Corpus Christi
1 l 45 A M. - Proclamation declaring May 17, 2007 as "Police Memorial Day"
Proclamation declaring May 25, 2007 as "National Missing Children's Day"
Proclamation declaring the week of May 13 -19, 2007 as "National Police Memorial Week"
proclamation declaring the week of May 13 -19, 2007 as "Water Utilities Awareness Week"
roclamat on declaring the week of May 20 -26, 2007 as "Hurricane Awareness Week"
PFoclamatIcn decla !ng the n-ontf of May as 'Jewish Heritage Month"
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
MAY 15, 2007
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIAITED 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 ai Cone /io y cree clue :u: ngles es limitado, habre un interprete ingles- espanol en todas las juntas
del Conciic pars 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 Phillip Phifer, Trinity 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 Tem Rex Kinnison
Counc0 Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Agenda
Regular Council Meeting
May 15, 2007
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
MINUTES:
Approval of Regular Meeting of May 8, 2007 (Attachment # 1)
BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2 Ethics Commission
Planning Commission
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, ormaymodifythe 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
iterr
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.
CONS EST MOTIONS, RESOWTiONS, ORDINANCES AND ORDINANCES
FROM KREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Resolution amending Resolution No. 027191 by increasing the
City match to $44,736, with $13,200 in -kind services and
authorizing the submission of a grant application in the amount of
$107,594 to the State of Texas, Criminal Justice Division for Year
Agenda
Regular Council Meeting
May 15, 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
8 funding available under the Violence Against Women Act
(VAWA) Fund for the Police Departments Family Violence Unit
for a total project c>ost of $165,530 and authorizing the City
Manager or his designee to apply for, accept, reject, alter or
terminate the grant. (Attachment # 3) (Requires 2/3 vote)
Ordinance appropriating $21,671 76 in interest accrued on an
advance payment on a grant from the Texas Commission on
Environmental Quality (TCEQ) deposited in the No. 1071
Community Enrichment Fund, for air quality research and
planning. (Attachment # 4) (Requires 2/3 vote)
Motion authorizing the City Manager or his designee to approve
a Letter of Agreement between the City of Corpus Christi and the
Beautify Corpus Christi Association ( "BCCA "). (Attachment # 5)
(Requires 2/3 vote)
Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract with Gloria Diane Oliver Meerdink
in the amount of $25,000 for fee simple property rights to 9.843
acres of land, plus $900 in closing costs; all out of Lots 20 and
21. Section 26, Flour Bluff and Encinal Farm and Garden Tracts,
located off of Brooke Road and County Road 7B; necessary for
the Master Channel 27 Drainage Improvement Project ( #2263).
(Attachment # 6) (Requires 2/3 vote)
Motion authorizing the payment of $10,520 towards an Agreed
Judgment in addition to the $24,480 Special Commissioners
Award previously paid, resulting from the Condemnation Suit of
the City of Corpus Christi vs. Antero Molina, Sr.; for the
acquisition of Parcel 506 containing a Utility Easement, Right -of-
Way Easement and Temporary Construction Easement, all
located on Yorktown Boulevard and west of Roscher Drive;
necessary for the Southside Water Transmission Main, Phase 5,
Project #8391, and for other municipal purposes. (Attachment
# 7) (Requires 2/3 vote)
Agenda
Regular Council Meeting
May 15. 2007
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
3 Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with James A. Caplin, M.D.,
dba Corpus Christi Allergy and Asthma Center ( "Owner "), for the
right to install, operate, repair, replace, and maintain one private
4 -inch PVC conduit with communication cable, approximately 60-
linear feet across the Baylor Street public right -of -way, between
Morgan Avenue and Hospital Boulevard, approximately 165 -feet
north of the Morgan Avenue public right -of -way; establishing a fee
of $210. (Attachment # 8) (Requires 2/3 vote)
Ordinance appropriating and transferring $15,664.39 of
unappropriated interest earnings from Fund 3180, Convention
Center Capital Improvement Program Fund to and appropriating
in Fund 4710 Visitors Facility Fund; appropriating and transferring
$5,156.22 of unappropriated interest earnings from Fund 3181,
Convention Center 2002 Capital Improvement Program Fund to
and appropriating in Fund 4710 Visitors Facility Fund; and
transferring $55,000 from Reserve Appropriation in Fund 5110
Maintenance Services Fund to and appropriating in Fund 4710 for
repairs to the freight elevators at the Convention Center;
amending the FY 2006 -2007 Operating Budget adopted by
Ordinance No. 026908 to increase appropriations by $75,820.61
and amending the 2007 Capital Budget adopted by Ordinance
No. 026997 to increase appropriations by $20,820.61.
(Attachment # 9) (Requires 2/3 vote)
10 Resolution of the City of Corpus Christi, Texas authorizing the
South Texas Aggregation Project, Inc. (STAP) to negotiate an
electric supply agreement for deliveries of electricity effective
January 1, 2008; authorizing the City Manager to sign a contract
with STAP for the City of Corpus Christi's 2008 and, if
economically feasible, 2009 electricity needs; and committing to
budget for energy purchases in 2008 and, if economically
feasible, 2009 and to honor the City of Corpus Christi's
commitments to purchase power for its electrical needs in 2008
and, if economically feasible, 2009 through STAP. (Attachment
# 10) (Requires 2/3 vote)
Agenda
Regular Council Meeting
May 15, 2007
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Resolution approving the Corporate Resolution of the South
Texas Aggregation Project (STAP), Inc regarding transfer of
funds to A.G Edwards. (Attachment # 11) (Requires 2/3 vote)
12 Second Reading Ordinance - Amending Chapter 14
'Development Services, Article 11 "City of Corpus Christi
Technical Construction Codes," Division 8 "Residential Code,"
Section 14 -291 "Residential Construction Code," of the Code of
Ordinances, to amend the definition of townhouse; providing a
penalty clause; providing for publication, and providing for an
effective date (First Reading 05/08/07) (Attachment # 12)
13.a Motion to amend prior to second reading the Ordinance
amending Corpus Christi Code of Ordinances, Chapter 17,
regarding hotel occupancy taxation, to provide listing of exempt
State officials, provide that tax due on amounts received by hotel,
and provide reasonable notice to hotel of record review or audit.
(Attachment # 13)
13.b Second Reading Ordinance Amending the Code of Ordinances,
City of Corpus Christi, Chapter 17, regarding hotel occupancy
taxation; providing for penalties; providing for publication. (First
Reading 05/08/07) 'Attachment # 13)
I. PUBLIC HEARINGS:
14.a. Public hearing to consider amending Chapter 53 "Traffic ", Article
IX "Vision and Passage Obstructions," Section 53 -263
"Obstructing Street and Sidewalk Traffic, and Public Right -of -Way
Generally," of the Code of Ordinances, City of Corpus Christi and
Chapter 59 "Zoning,' Article 33 "Supplemental Sign Regulations,
Permits, Plats and Filing Fees, Section 33- 1.02.06 "Exempt
Signs" of the Code of Ordinances, City of Corpus Christi, to
provide an exemption from regulation for certain A -Frame Signs
in the downtown area. (Attachment # 14)
Agenda
Regular Council Meeting
May 15, 2007
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
14_b Ordinance amending Chapter 53 "Traffic', Article IX "Vision and
Passage Obstructions," Section 53 -263 "Obstructing Street and
Sidewalk Traffic, and Public Right -of -Way Generally," of the Code
of Ordinances, City of Corpus Christi and Chapter 59 "Zoning,"
Article 33 "Supplemental Sign Regulations, Permits, Plats and
Filing Fees," Section 33- 1.02.06 "Exempt Signs" of the Code of
Ordinances, City of Corpus Christi, to provide an exemption from
regulation for certain A -Frame Signs in the downtown area;
providing for a penalty clause; providing for publication.
(Attachment # 14)
ZONING CASES:
15. Case No. 0407 -01, Shaws Development Joint Venture: A change
of zoning from a "R-1B" One- family Dwelling District to a "R -10"
One - family Dwelling District on property described as 13.686
acres out of Lots 9. 10, and 11 Artemus Roberts Subdivision,
located approximately 1,600 feet west of Rand Morgan Road and
4,000 feet south of Leopard Street. (Attachment # 15)
Planning Commission and Staff's Recommendation: Approval of
a "R-1C" One - family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance. upon application by Shaws
Development Joint Venture, by changing the zoning map in
reference to 13.686 acres out of Lots 9, 10, and 11, Artemus
Roberts Subdivision, from "R-113" 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 a repealer clause;
providing a penalty; providing for publication. (Requires 2/3
vote)
16. Case No. 0407 -02, The Ecallaw Family Trust: A change of zoning
from a "R-1B" One- family Dwelling District to a "B -1"
Neighborhood Business District on property described as Mesa
Addition, Block 1, lots 19 and 20, located at the northwest
intersection of Violet Road and Blades Street. (Attachment # 16)
Agenda
Regular Council Meeting
May 15, 2007
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Planning Commission and Staffs Recommendation: Approval of
a "B -1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by the Ecallaw
Family Trust, by changing the zoning map in reference to Mesa
Addition, Block 1, Lots 19 and 20, from "R-1B" One - family
Dwelling District to "B -1" Neighborhood Business District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication. (Requires
213 vote)
17 Case No. 0407 -03, Rupert H. Kronke: A change of zoning from a
-R-1B" One - family Dwelling District to a "B-1A" Neighborhood
Business District on property described as 3.6 acres out of Tract
7, Abstract 850, Survey 422 located on the east side of Carbon
Plant Road, between Interstate Highway 37 and Up River Road.
Attachment # 17)
Planning Commission and Staff's Recommendation: Approval of
a "B -1A" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Rupert H.
Kronke, by changing the zoning map in reference to 3.6 acres out
of Tract 7, Abstract 850, Survey 422, from "R-1B" One - family
Dwelling District to "B -1A' Neighborhood Business District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication. (Requires
2/3 vote)
18. Cpse No. 0407 -04, A -Z Calallen, LLC: A change of zoning from
a "B -1" Neighborhood Business District to a "B -4" General
Business District on property described as Yarbrough Addition,
Lots 6, 7, and 8, located on the west side of Airline Road, and
approximately 700 feet south of Holly Road. (Attachment # 18)
Agenda
Regular Council Meeting
May 15, 2007
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Planning Commission and Staffs Recommendation: Denial of the
"B -4" General Business District and in lieu thereof, approval of a
Special Permit subject to a site plan and three (3) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by the A -Z
Calallen, LLC, by changing the zoning map in reference to
Yarbrough Addition, Lots 6, 7, and 8, from "B -1" Neighborhood
Business District to "B-1/SP" Neighborhood Business District with
a Special Permit for a 7,500- square foot Auto Parts and Sales
Building with no service bays, subject to a site plan and three (3)
conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a
repealer clause; providing a penalty; providing for publication.
(Requires 2/3 vote)
.f. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
19. First Reading Ordinance - Amending the Code of Ordinances,
Section 23 -76, Smoking Prohibitions, subsection (b), by enacting
new subpart (7) to exempt tobacco specialty stores; providing for
a penalty; establishing an effective date; and providing for
publication. (Attachment # 19)
20.a Ordinance authorizing $334,000 from the 2005 Street General
Obligation Bond Fund No. 3541 to pay the Hogan Development
Company, L.P., request for reimbursement of one -half of the cost
of construction of the extension of Oso Parkway adjacent to the
proposed conservation park and appropriating $177,019.63 from
the Water Arterial Transmission and Grid Main Trust Fund No.
540450- 21805 -4030 to pay the Hogan Development Company,
.P , reimbursement request for the installation of 3,000 - linear
feet of a 12 -inch PVC water grid main to develop Terra Mar.
'Attachment # 20) (Requires 2/3 vote)
Agenda
Regular Council Meeting
May 15, 2007
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2( .b Ordinance authorizing the City Manager to execute a
Development Agreement with Hogan Development Company,
`,P , for infrastructure improvements required to complete the
Terra Mar residential development project. (Attachment # 20)
(Requires 2/3 vote)
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
21 Crime Control and Prevention District Quarterly Project Update
(Attachment # 21)
22 Overview of Public /Private Partnerships for Retail Development
in the State of Texas (Attachment # 22)
L. I JBLIC COMMENT FROM THE AUDIENCE ON MATTERS
IT 8HEDULED ON THE AGENDA WILL BE HEARD AT
*PROXIMATELY 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 AT 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 tc your subject. please present it to the City
Secretary.)
Si usted se dirige a la junta y tree que su ingles es limitado, habra un interprete
irigles- espanol en la reunion de la junta para ayudarle
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
Agenda
Regular Council Meeting
May 15. 2007
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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 agenaa, 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.
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.
23. LEGISLATIVE UPDATE
Consideration of resolutions and actions deemed appropriate by
the City Council as to legisiative issues before the 80th Texas
Legislature.
24 CITY MANAGERS REPORT
Upcoming Items
25. MAYOR'S UPDATE
26 . COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
May 15, 2007
Page 1
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Cilyy's official bulletin board at the front entrance
to City Hall, 120' Leopard Street at a..10 May 11. 2007.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
1
MINUTES
CIT °? OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 8. 2007 - 10 00 a m
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Rex Kinn son
Council Members
Melody Cooper
Jerry Garcia
811 Kelly
John Marez-
Jesse Noyola
Mark Scott
ABSENT
Brent Chesney
*Mr Marez arrived at 10 08 a.m
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 Reverend David Farrington with Unitarian Universalist
Cnurch and the Pledge of Allegiance to the United States flag was led by Council Member Jesse
Noyola
Mayor Garrett called for approval of the minutes of the regular Council meeting of April 17,
2007, special Council meeting of April 22, 2007 and regular Council meeting of April 24, 2007. A
motion was made and passed to approve the minutes as presented.
*- * * * *_ * * * **
Director of Engineering Angel Escobar briefly informed the Council about the Storm Water
Improvement Projects completed n 2006
* * * * * * * * **
Mayor Garrett called for consideration of the consent agenda (Items 2 - 13). City Secretary
Chapa announced that Council Member Noyola would be abstaining from the discussion and vote
on Item 11 There were no comments from the public. Council members requested that Items 9
and 13 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes
as follows:
2 MOTION NO. 2007 -117
Motion approving a service agreement with Jones & Cook Stationers, of Corpus Christi,
Texas for office supplies, equipment and furniture in accordance with Bid Invitation No. BI-
0002 -07 for an estimated three -year expenditure of $2,026,129.36 of which $112,562.74 is
oudgeted for the remainder of FY 2006 -2007 The term of the service agreement will be for
-h rty -sx months with an cotior to extend for up to two additional twelve -month periods
Minutes -- Regular Council Meetir <<�
May 8 2007 - Page 2
subject to the approval ct the supplier and the City Manager or his designee. Office
supplies, equipment and `urniture will be purchased by all City departments. Funds are
available r the •ising departments Operational Budgets in FY 2006 -2007 and will be
requested for FY 2007 -2008 and subsequent fiscal years .
ne foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia Kelly. Kinnison Marez, Noyola. and Scott, voting "Aye "; Chesney was absent.
MOTION NO. 2007 -118
Motion approving the purchase of a digital imaging management system from Linear
Systems of Rancho Cucamonga, California for a total amount of $165,268.50. This award
is made pursuant to Section 271 103 of the Local Government Code which allows the City to
purchase goods or services available under federal supply schedules of the United States
General Services Administration This system will be used by the Police Department. Funds
are available in 're Law Enforcement Trust Fund
7 he foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia. Kelly. Kinnison Marez Noyola, and Scott, voting "Aye "; Chesney was absent.
MOTION NO 2037 -119
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$127,500 in funding from the Executive Office of the President, Office of National Drug
Control Policy, to suppo t the Police Department's role in the Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia. Kelly, K,rnison Marez Noyola, and Scott, voting "Aye "; Chesney was absent.
4 n. ORDINANCE NO. 02724.5
Ordinance appropriating 3127,500 in the No 1061 Police Grants Fund from the Executive
Office of the President Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
rafficking Area
An emergency was decla 'ed. and the foregoing ordinance was passed and approved with
*ne following vote Garret Cooper Garcia Kelly, Kinnison, Marez, Noyola, and Scott, voting
Aye" Cnesney was absent
ORDINANCE NO. 027246
Ordinance transferring $725,000 from the No 1020 General Fund to and appropriating in
the No. 1067 Parks and Recreation Grant Fund as City required matching funds for the
2006 -2007 Sen cr Community Services Program.
An emergency was declared. and the foregoing ordinance was passed and approved with
the following vote Garret Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
Aye Chesney was absent_
Minutes -- Regular Council Meeting
May 8 2007 — Page 3
MOTION NO. 20C 7 -12C
Motion approving the allocation of $75 387 from the Hotel Occupancy Tax Fund and
$31,905 from the General Fund to fund grant contracts with sixteen (16) Arts and Cultural
organizations for a total of twenty-three (23) arts projects. Funding was authorized in the FY
2006 -2007 budget
Tie foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison. Marez Noyola and Scott, voting "Aye "; Chesney was absent.
ORDINANCE NO 027247
Ordinance authorizing the City Manager or his designee to execute a lease agreement with
Epic Sports and Entertainment LP for US Wind and Water Open 2007 (formerly Velocity
Games) and related activities to allow use of McGee Beach, McCaughan Park and Skate
Park during May 10 through May 14, 2007
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote Garrett Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye "; Chesney was absent.
8 ORDINANCE NO 027248
"0
Ordinance appropriating $1,515 130.29 in developer contributions and interest earnings in
the No 4720 Community Enrichment Fund for park improvements; amending Ordinance
026908 which adopted the FY 2006 -2007 Operating Budget to increase appropriations by
$1,515.130.29
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote Garrett Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
Aye "; Chesney was absent.
MOTION NO. 2007 -121
Motion authorizing the City Manager or his designee to execute a Job Order Contract with
Alpha Building Corporation, of Corpus Christi, Texas in the amount of $49,912.31 for
renovations to the Engineering Annex Storage Building, Phase 1.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "Aye "; Chesney was absent.
MOTION NO. 2007 -122
Motion authorizing the City Manager or his designee to execute Change Order No. 2 for
additional excavation, backfill and pavement quantities with Bay Limited, of Corpus Christi,
Texas in an amount not to exceed $170,263.40 for the Corpus Christi International Airport
Runway 17/35 Improvements. Shoulders, Lighting, Blast Pads, Signage and Airfield
Drainage Improvements. Phase 4 and Corpus Christi International Airport (CCIA) Apron
Phase 2 Westside (Parking) Project.
Tne foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison. Marez and Scott, voting "Aye Noyola abstained; Chesney was
absent
Minutes --- Regular Coun ,il Meeting
May 8 2007 - Page 4
MOTION NO 2007 -123
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to a
contract with Freese & Nichols Inc., of Fort Worth, Texas in the amount of $65,000 for
engineering ser✓ ces for Annual Inspection and Monitoring Program at Wesley Seale
Dam
he foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia Kelly, Kinnison Marez Noyola and Scott, voting "Aye "; Chesney was absent.
Mayor Garrett opened discussion on Item 9 regarding the resale of fifty -seven properties.
Council Member Kelly asked questions regarding the five identified properties for potential City use.
Council Member Garcia asked questions regarding delinquent taxes owed to other taxing entities
and title policy issues There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows
ORDINANCE NO. 027249
Ordinance authorizing the sale of fifty -seven (57) properties shown on the attached and
incorporated Exhibit A at 3 tax resale auction with opening bids of 30% of the most recent
tax appraisal vaioe as described on the attached Exhibit A.
An emergency was decla ed, and the foregoing ordinance was passed and approved with
the following vote Garrett. Cooper. Garcia. Kelly, Kinnison. Marez, Noyola, and Scott, voting
"Aye" Chesney was absent.
Mayor Garrett opened discussion on Item 13 regarding an amendment to the definition of
townhouse in the Code of Ordinance In response to Council Member questions, Building Official
Alonzo Garza explained that the City has had projects permitted as multi - family homes or duplexes
that were later re- platted to convert into townhouses Mr. Garza stated that the current definition of
a townhouse requires townhouses to be a min mum of three connected single family units. He
added that to allow the development of two unit townhouses, the definition of a townhouse needs to
be amended by replacing the wore three to two There were no comments from the audience. City
Secretary Chapa polled he Council for their votes as follows:
i IRST READING ORDINANCE
Amending Chapter 14 "Development Services," Article II `City of Corpus Christi Technical
Construction Codes. Division 8 "Residential Code," Section 14 -291 "Residential
Construction Code,' of the Code of Ordinances, to amend the definition of townhouse;
roviding a pena ty clause providing for publication; and providing for an effective date.
he foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper. Garcia Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ";
Chesney was absent
*, * *x * * *.
*
*
*
Mayor Garrett reterred to item 14, and a motion was made, seconded and passed to open
the public hearing on the following zoning case
Minutes — Regular Council Meeting
May 8 2007 — Page 5
Case No. 0307-07 Kris D. Hawkins A change of zoning from a "R -1 B" One - family Dwelling
District to an "A -2" Apartment House District on property described as Blue Water
S_�bdivision, Bloc: 1, Lot 5A and the north 25 feet of Lot 6B, located between Laguna
Snores Road and Marian Drive and 500 feet south of Yorktown Boulevard.
City Secretary Chapa stated that :he Planning Commission and staff recommended denial of
requested "A -2' Apartment House District in lieu of a `R -1 B /SP" One - family Dwelling District with a
Speciai Permit subject tc riite plan iextenor and interior site plan of structure) and three conditions.
No one appeared n opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing seconded by Mr Kinnison. and passed Mr. Chapa polled the Council for their
votes as follows
14 ORDINANCE NO 027250
Amending the Zoning Ordinance upon application by Kris D. Hawkins, by changing the
zoning map In reference to Blue Water Subdivision, Block 1, Lot 6A and the north 25 feet of
Lot 6B, from 'R-1B" One - family Dwelling District to "R-1B/SP" One - family Dwelling District
with a Special Permit for a Bed and Breakfast Inn, subject to exterior and interior site plans
of the structure and three (3) conditions; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan; providing a repealer clause; providing
a penalty: providing for pubiicatIon
An emergency was declared; and the foregoing ordinance was passed and approved with
the following vote Garrett Cooper Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting
Aye "; Chesney was abseil,-
Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open
the public hearing on the following zoning case
Case No. 0307 -08, Paisano Contractors, LLC A change of zoning from a "R -1 B" One - family
Dwelling District to a "B -1" Neighborhood Business District on property described as Barcelona
Estates Unit 3, Block 9 _ot 1 located along the southwest intersection of Kostoryz Road and
Masterson Drive
Cty Secretary Chapa stated that the Planning Commission and staff recommended approval
of a 'B -1' Neighborhood Business District
No one appeared n oppos'tion tc the zoning change. Mr. Kinnison made a motion to dose
the pubic hearing. seconded by M- Kelly, and passed Mr. Chapa polled the Council for their votes
as follows
15 ORDINANCE NO 027251
Amending the Zoning Ordinance, upon application by Paisano Contractors, LLC, by
changing the zoning map in reference to Barcelona Estates Unit 3, Block 9, Lot 1, from "R-
1 B" One - family Dwelling District to "B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
'Aye "; Chesney was absent
!Minutes -- Regular Council Meet
May 8 2007 — Page 6
Mayor Garrett referred to Item 16 and a motion was made, seconded and passed to open
*the public hearing on the following zoning case
Case No 0307 -09, Southside Ventures, L.P A change of zoning from an "A -1 "Apartment
House District and a "B -1" Neighborhood Business District to a "R -1C" One - family Dwelling
District on property descr bed as Foxwood Estates Phase II, Block 2, Lot 4, located on
Grand Junction Drive, 30C feet west of Everhart Road.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of a "R-1C'' One - family Dwelling District
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public nearing. seconded by Mr Scott and passed. Mr Chapa polled the Council for their votes as
:o ,ows
16 ORDINANCE NO 027252
Amending the Zoning Ordinance, upon application by Southside Ventures, L.P., by
changing the zoning map in reference to Foxwood Estates Phase II, Block 2, Lot 4, from "A-
1' Apartment House District and "B-1" Neighborhood Business District to "R-1C" One - family
Dwelling District. amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Pan providing a repealer clause; providing a penalty; providing for
publication
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote Garrett Cooper Garcia, Kelly Kinnison. Marez, Noyola, and Scott, voting
'Aye Chesney was absent.
Mayor Garrett opened discussion on Items 17 regarding the abandoning and vacation of
street right -of -ways in he Oak Park Area. Johnny Perales, Acting Assistant Director of
Development Services, provided a review of the concerns from Magellan Midstream Partners who
own various properties ;r the area and the solutions by CITGO Refining Company and City staff
regarding transport and emergency response access. There were no comments from the audience.
City Secretary Chapa polled the 7.ouncil for their votes as follows:
ORDINANCE NO 02725:)
Abandoning and vacating the Erwin Avenue public street right -of -way out of Oak Lawn
Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Oak Park Avenue out of
Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Retama
Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy Lawrence
Drive to the north right -of -way iine of Huisache Street; Cenizo Avenue out of Harbor View
Estates, from Gibson Street to approximately 122 feet south of Huisache Street; Cenizo
Avenue out of Grace Heights Addition from Grace Drive to the north right -of -way line of
Colima Street:. Maguey Street out of Harbor View Estates from Gibson Street to
approximately 122 feet south of Huisache Street; Maguey Street out of Grace Heights
Addition from Grace Drive to interstate Highway 37. Gibson Street out of Harbor View
Estates, from Potn Lane to Retama Avenue; Noakes Street out of Harbor View Estates, from
Poth Lane to Retama Avenue; Huisache Street between Grace Heights Addition and Harbor
iew Estates. frn.rn Poth ne to approximately 75 feet west of the centerline of Retama
Minutes Reguiar Counc.H Meeting
Mai 8 2007 - Page 7
Avenue, Huisache Street out of Oak Lawn Subdivision. from Buddy Lawrence Drive to
approximately 75 }eet east of the centerline of Retama Avenue; Grace Drive out of Grace
Heights Addition `rom Maguey Street tc Cenizo Avenue: Ash Street between Oak Park
Addition and Grace Heights Addition. from Poth Lane to Retama Avenue and from Retama
Avenue to Interstate Highway 37 save and except the portion of Retama Avenue remaining
) en; Colima Street out of Oak Park. Addition. from Poth Lane to Interstate Highway 37;
subject to owners compliance with the specified conditions.
The foregoing ordnance was passed and approved on its second reading with the following
ote: Garrett, Cotner, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Kelly voting
'No "; Chesney was absent
Mayor Garrett opened discussion on Item 18 regarding the abandoning and vacating of the
utility easements in the _Dak Park Area There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows
18 ORDINANCE NO 027254
Abandoning and vacating a 18,909.80- square foot portion ofa 10 -foot wide utility easement
out of Lots 2 -16, Block 1, and Lots 18 -39, Block 1, Grace Heights Addition, and Lots 1 -12,
Bock 2 Grace Heights Addition. a 1,203.40 - square foot portion ofa 10 -foot wide utility
easement out of Lots 1 -12, Block 5, Oak Park Addition, a 13,817.60- square foot portion of a
10 -foot wide utility easement out of Lots 3-4 and Lots 6 -8, Block 12, Oak Park Addition
Revised, Lots 1 -2 and 7 -9, Block 13, Oak Park Addition Revised, Lots 1 -12, Block 15, Oak
',Dark Addition Revised. Lots 1-12. 16, Oak Park Addition Revised, and Lots 1 -12,
Block 17, Oak Pack Addition Revised; a 17,949.60- square foot portion of a 10 -foot wide
ut lity easement out of Lots 1 -22 Block 1, Oak Lawn Addition, Lots 1 -14, Block 2, Oak Lawn
Addition, Lots 1 -5 and Lots '0 -14 Block 3. Oak Lawn Addition, and Lots 1 -22, Block4, Oak
_awn Addition; a 1 521 10- square foot portion ofa 10 -foot wide utility easement out of Lots
2 -4 and Lots 12- 4, Block 1 Driscoll Village; requiring the owner, Citgo Refining and
Onemicals Company L P to comply with the specified conditions.
The foregoing ordinance was passed and approved on its second reading with the following
rote: Garrett. C000er, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Kelly voting
•No Chesney was absent
Mayor Garrett opened discussion on Item 19 regarding a grant from the Federal Aviation
Administration. Debra Keller, Assistant Director of Aviation, presented this item. There were no
comments from the audience. City Secretary Chapa stated that there was an amendment to Items
19.a. and 19.b. to include the wording "Rehabilitation of Runway 17/35." Ms. Cooper made a motion
to amend Items 19 a and 19.b , seconded by Mr. Garcia, and passed. City Secretary Chapa polled
the Oouncil for their votes as follows.
19.a. RESOLUTION NC 027255
Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to
Federal Aviation Administration Grant No 3-48- 0051 - 038 -2006 to extend the scope of the
grant to include the Rehabilitation of West GA Apron, Phase 1, Rehabilitation of Air Carrier
Apron Areas, Drainage Improvements, Phase V, Acquisition of Runway Sweeper,
Conducting Planning Study (Benefit/CostAnalysis to extend Runway 13/31), Rehabilitation
of Runway 17/35 and Rehabilitation of Taxiway Systems at Corpus Christi International
Airport
Minutes — Regular Coun ;il Meeting
May 8 2007 -- Page 8
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper Garcia, Kelly. Kinnison, Marez, and Scott, voting "Aye "; Noyola abstained;
Chesney was absent.
ORDINANCE NC 027256
Ordinance appropriating $2,818150 from the Federal Aviation Administration Grant No. 3-
48- 0051 - -38 -200€ in the No 3020 Airport Capital Improvement Fund for the Rehabilitation of
West GA Apron. Phase I. Rehabilitation of Air Carrier Apron Areas, Drainage Improvements,
Phase V Acquisition of Runway Sweeper. Conducting Planning Study (Benefit/Cost
Analysis to extend Runway 13`31) Rehabilitation of Runway 17/35, and Rehabilitation of
axiway Systems at Corps Christi International Airport; amending FY 2006 -2007 Capital
Budget adopted by Ordinance No 026997 to increase appropriations by $2,818,150.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote Garrett . Cooper, Garcia. Kelly, Kinnison, Marez, and Scott,
'Doting "Aye Noyola abstained Chesney was absent.
19 c. ORDINANCE NO 02725
Ordinance repealing Ordinance No. 026957, adopted on August 29, 2006, and Ordinance
No. 027074. adopted on December 12, 2006, which appropriated a total of $451,950 from
tree Unreserved Fund Balance in the Airport Operating Fund 4610 for professional services
relating to improvements at the Corpus Christi International Airport.
An emergency was declared, and the foregoing ordinance was passed and approved with
tie following vote Garrett, Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye ";
Noyola abstainer Chesney was absent
Mayor Garrett opened discussion on item 20 regarding an amendment to the hotel
occupancy tax ordinance. Cindy O'Brien, Director of Financial Services, said that based on the
consultant's recommendations fo : improvement to the hotel occupancy tax ordinance, the proposed
amendments to the ordinance inc ude. the addition of definitions to clarify terms; the requirement of
lodging providers to register with the City; additional descriptions to the exemptions to tax; a 15%
penalty for nonpayment - emovai of interest charges. and the addition of a criminal penalty for failure
to pay on a time basis
Council members asked questions regarding the criminal penalty charge; the 15% penalty
fee; the ability tc charge interest based on a settlement agreement; corporate entity shields;
collection efforts: and notification and registration of hoteliers. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
2C FIRST READING ORDINANCE
First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi,
Chapter 17, regarding hotel occupancy taxation, providing for penalties; providing for
Publication
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett. Cooper Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye ";
Chesney was absent
Minutes - Regular Counc Meeting;
Ma. 8. 2007 - Page 9
Mayor Garrett referred to Item 21, a presentation regarding the 2007 Health Benefits /Risk
Management Fund 2" Quarter Report Cynthia Garcia, Director of Human Resources, provided a
powerpoint presentation ncluding statistics on medical and pharmacy claims, cost per claim
performance, cost for member performance; workers compensation claims, general liability claims
and city vehicle accidents
;ouncil Member Scott asked if there was a relationship between liability cost and increased
construction activittes
Mayor Garrett called for the City Manager's report. City Manager Noe announced the ribbon
cutting and re- opening of the Gabe Lozano Golf Center on Monday, May 14th beginning at 11:00
a m Mr Noe announced a meeting on Thursday May 10th at 6:00 p.m. at Lexington Elementary to
provide an update on the Neighborhood Improvement Program (NIP) Area # 20. Mr. Noe also
announced that the next'Hazardous Household Waste Collection Day" is scheduled on May 12th at
the J.0 Elliott Landfill from 9:00 a m to 3-00 p.m
*
*
*
Mayor Garrett called for petitions from the audience. Jack Gordy, 4118 Bray, spoke
regarding the City's correspondence with the Texas Department of Transportation (TXDOT) on
illegal signs. Council Members asked Mr Noe to contact TXDOT to provide a determination on the
proposed illegal signs. Susie Luna Saldana asked Ms. Cooper to resign from the Council based on
what her opinion were unethical business practices. Juan Zaragosa and Phil Rosenstein spoke in
support of Ms. Cooper and her town hall meeting concepts. Mr. Rosenstein also spoke regarding
proposed utility rates for senior c t zens Abel Alonzo, 1701 Thames, asked for Ms. Cooper's
resignation
* * * * * * * * * **
Mayor Garrett called for a trief recess to present certificates.
* * * * * * * * * * **
Mayor Garrett called for Council concerns and reports. Council Member Kelly spoke
regarding concerns from residents that Del Mar Trucking School is using Tuloso Drive as a
turnaround point_ Mr Kelly asked staff to contact Del Mar about possibly rerouting the truck from the
residential area
Council Member Cooper spoke regarding possibly enacting a sex offender law to prohibit sex
offenders from living 1000 feet of a school Ms. Cooper asked for a status of the impound lot for
uninsured vehicles She also spoke regarding high weed obstructing traffic located at 3825
Dunstan Street Ms Cooper announced the next Town Hall Meeting is scheduled on June 18th at
6 00 p.m. at Moody High School
Council Member Marez spoke regarding accommodations for the increasing number of
participants at the Broadmoor Senior Center
Council Member Noyola inquired about speed bumps on Bloomington Street. Mr. Noyola
spoke regarding having more patrol officers visible in the Islla Drive area.
Minutes - Regular Council Meeting
May 8 2007 - Page 10
Mayor Garrett complimented the Police, Fire and Solid Waste Departments for their work
during the Buc Day Everts and the Internationa Boat Show
There being no further business to come before the Council, Mayor Garrett adjourned the
Coun meeting at 11 4C a.m or May 8 2007
— „** * *,t **
2
a_ ETHICS COMMISSION — Two (2) vacancies with term to 10 -01 -08 and 10- 01 -09.
DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the
duties of this commission are to prepare and publish pamphlets and other materials explaining
the duties of individuals subject to the code of ethics; review all statements and reports filed with
the city: annually review the code of ethics and make appropriate recommendations to the city
council; review all public opinions related to the code of ethics that are issued by the city
attorney, prepare and disseminate a report listing all campaign contributions and expenditures for
each candidate within 311 days following the deadline for filing the last campaign finance reports
for each city council election. The commission shall have such meetings as may be necessary to
fulfill its responsibilities The chairperson or any three (3) members may call a meeting provided
that reasonable notice is given to each member The commission shall meet at least once a year.
The date of the annual Tneeting shall he in September. The commission shall comply with the
Texas Open Meetings Act.
COMPOSITION: Nine members appointed by a two- thirds vote of the full council.
Nominations are to be solicited from a wide variety of professional and community organizations
in the city but interested individuals may also submit their names for consideration. Initially, the
terms of three members shall he one year, and the initial terms of another three terms shall be
two years. The persons Having such shorter terms shall be determined by lot. No holding over is
permitted except as expressly provided in the code of ethics. The commission shall elect a
chairperson and a vice- ctiairperson.
ORIGINAL
MEI1VIBEIRS TERM APPTD. DATE
Linda Figueroa 10 -01 -09 5 -10 -05
Harlan Heitkamp 10 -01 -09 11 -11 -03
*Dr. Nicholas Adame 10 -01 -08 10 -25 -05
Miguel Carranco 10 -01 -08 9 -19 -06
John de Montel 10 -01 -07 9 -19 -06
*Joe Guzman 10 -01 -09 10 -14 -03
Rick Marcantonio 10 -01 -07 12 -14 -04
Robert N. Corrigan 10 -01 -07 10 -14 -03
James Richard Cramer 10 -01 -08 10 -14 -03
*Failed to submit Ethics Report in a timely manner
(Note: Dr. Adame and 'Wr. Guzman have asked to be reinstated.)
OVER INDIVIDUALS EXPRESSING INTEREST
Rebecca Esparza
Public Relations Consultant. Received Associate in Arts,
Journalism from Del Mar College, Bachelor of Business
Administration, Marketing and Master of Business Administration
from University of the Incarnate Word, San Antonio. Activities
include Board Member — American Cancer Society and Co-
Angie Flores
Shelley Franco
founder and co- facilitator, M.D. Anderson Cancer Support Group.
(2-26-06)
Leasing Agent, Landlord Resources. Attended Massey Business
School. University of Shopping Centers and is a Licensed Real
Estate Agent. Activities include: Boys & Girls Club of Corpus
Christi Board, Leadership Corpus Christi Board of Governors,
Heart of Corpus Christi Board Member and Downtown
Redevelopment Committee. (8- 09 -06)
Senior Quality Assurance Manager /Equal Opportunity Officer.
Has received various training in equal opportunity, human
resources, and fraud investigations. Activities include: assisting
the Patriot Band & Honor Guard of America, Inc. with various
projects. , "[WC's Equal Opportunity Department an the Department
of Labor 's Civil Rights Center. (6- 07 -05)
Jack (iordy Retired military. High school graduate plus one year at Del Mar
College. (6- 16 -06)
Laura 1 Herbert
I..ionel Lopez
Tori Alexandria Thomas
Prifessional Insurance Advisor, Arvak Insurance Group. President
of CBAHU, President of Delta Gamma, RCIA teacher and member
of faster Star 354. (2- 21 -05)
Retired, Corpus Christi Fire Department. Attended Del Mar
College. Activities include: South Texas Colonia Initiative, Oso
Creek Committee, South Texas Health Committee and Retired Fire
Fighter President. (8- 31 -05)
Junior.. Miller High School. Activities include: Honor Society. (2-
21-07)
PL4NNING COMMISSION -- One (1) vacancy with term to 7- 31 -08.
DUTIES: To make and amend a master plan for the physical development of the City; to
recommend to the City Council approval or disapproval of proposed changes in the zoning plan;
to exercise control over platting or subdividing land within the corporate limits of the city and
within an area extending five miles beyond the City limits; to submit annually to the City
Manager not less than 90 days prior to the beginning of the budget year a list of recommended
capital improvements which in the opinion of the commission are necessary or desirable during
the forthcoming 5 year period. to require information from other departments of the City
government in relation to its work; to be responsible to and act as an advisory body to the City
Council and to perform such additional duties and exercise such additional powers as may be
prescribed by ordinance of the City Council.
COMPOSITION: Ninc (9) members which shall consist of nine registered voters of the City
appointed by the City C ouncil. Elects its own chairman from among its membership at the first
regular meeting in August of each year
ORIGINAL
MEMBERS TERM APPTD. DATE
R. > iyan Stone, Chair 7 -31 -08 7 -09 -02
Rudy Garza 7 -31 -09 2 -22 -05
Johnny R. Martinez 7 -31 -08 7 -12 -05
*Jaynes Skrobarczyk, Sr. 7 -31 -08 7 -12 -05
A Javier Huerta 7 -31 -07 7 -26 -05
John C. Tamez 7 -31 -09 8 -22 -06
Evon J. Kelly 7 -31 -09 7 -11 -06
Michael Pusley 7 -31 -07 2 -13 -01
Fred Braselton 7 -31 -07 7 -13 -04
* Failed to submit Ethics Report in a timely manner
('Note: Mr. Skrobarczyk has asked to be reinstated.)
OTTER INDIVIDUALS EXPRESSING INTEREST
Nicolas Curiel III
Miles Graham
Realtor. Richard Sema & Associates. Licensed as a Real Estate
Agent and Broker. Serves on the Grievance Committee for the
C Association of Realtors. (1- 25 -06)
Senior Vice President, 1St Commerce Bank. Attended Del Mar
College. Activities include: Associate Member of Builders
Association, President of Flour Bluff Independent School District
Education Foundation, Home Builder and Development Services
Advisory Group. (6- 30 -06)
Paul i i tvich
Chris Hamilton
R. Bryan Johnson
Diane I aRue
Mary A. Mova
Adam \use
Scott Ponton
John Powell
Richard Pulido
Extensive background in finance, accounting and management.
B.S. in Political Science, Sam Houston State University. Activities
include: former member of the Board of Adjustment and current
member of the Nueces County Tax Appraisal District. (2- 25 -05)
V.ce President, KJM Commercial, Inc. Received B.S. in
Constriction Science from Texas A &M - College Station. (1-10 -
0 -)
Self - employed, Real Estate Broker. Received B.S. in Applied
Sociology from Texas State University and pursuing M.A. from
I c xas A &M — Corpus Christi to become a Certified Commercial
In, estnient Manager Interested in serving the community. (5-31 -
05)
Independent Marketing Director, Melaleuca, Inc. Attended
I. Salle University, Temple University and Holy Family College.
Activities include: Mission 911, IWA Golf Chair and Gala
Committee, Blessed Sacrament Convent Auxiliary, Pan American
Roundtable and Leadership Corpus Christi Class XXIX. (2- 25 -05)
Haman Services Tech., Texas Department of Family and
Protective Services. Attended Del Mar College and has a real
estate license. Received a Certificate of Appreciation from
1, \DFP and from Nueces Child Welfare Foundation. (2- 28 -05)
D'iectoi of Group Sales, Corpus Christi Hooks. Received
Bachelors in Business Marketing from University of Oklahoma
and Masters in Sports Management from Wichita State University.
Aa.tivities include: Leadership Corpus Christi, USO of South
fvxas Board of Directors_ and American Red Cross Board of
I) rectors (11- 06 -06)
Manager. AT &T. Attended the University of Texas at Austin.
Activities include: Executive Committee and State board member
of Coastal Conservation Association, Quail Unlimited, Ducks
Unlimited, SEA and Citizen's University. (6- 19 -06)
Kcal Estate Agent. Currently a junior at Texas A & M — Corpus
Christi Has real estate education and licenses. (5- 31 -05)
Regional Superintendent, U.S. Navy. Received B.S. in Business
Management from Park College. Activities include: Prostate
Cancer Committee with the American Cancer Society, Leadership
C )rpus Christi, Deacon of Gardendale Baptist Church, Junior
Leo Rios
Morgan Spear
Jerry .1. Trevino
Alfonso Trujano Jr,
Marsha Williams
Achievement Volunteer Program and Cable Communications
Commission. (7- 08 -05)
Realtor. ReMax Metro Properties. Attended Blinn College and
Del Mar College. Activities include: C.C. Board of Realtors,
Te \as Association of Realtors and the Texas Real Estate Political
Action Committee. (6- 02 -05)
President/Owner, Morgan Spear Associates, Inc. Received B.A.
from University of Texas. Activities include: American Institute
of Architects, C.C. Chapter of AIA, Texas Society of Architects,
Church of the Good Shepherd, Alpha Tau Omega and Texas Exes.
(7- 12 -06)
Attorney, Law Firm of Jerry J. Trevino, P.C. Received B.S. in
Business Management, B.S. in Engineering and J.D. in Law.
Activities include: Knights of Columbus, Little League Board, and
various legal organizations. (11- 10 -05)
Senior Designer/Project Manager, Maverick Engineering, Inc.
Received B.S. in Civil Engineering and Graduate courses on Civil
Engineering. Secretary of the American Society of Civil Engineers
and TSPE member. Received the Excellence on Leadership
A t and and nominated for 2004 Torch Award for Marketplace
Ethics (4- 19 -05)
Realtor, Re/Max Metro Properties. Received B.A. in Business
from Texas A & I University Kingsville. Active member of the
K wanis Club and the Re/Max Lifetime Hall of Fame. (6- 09 -05)
3
CITY COUNCIL
AGENDA MEMORANDUM
Date: 5/15/07
AGENDA ITEM: Resolution amending Resolution 027191 by increasing the City match to
$44,736, with $13,200 in -kind services and authorizing the submission of a grant application in
the mount of $107,594 to the State of Texas, Criminal Justice Division for Year 8 funding
available under the Violence Against Women Act (VAWA) Fund for the Police Department's
Famgy Violence Unit for a total project cost of $165,530 and authorizing the City Manager or the
City Manager's designee to apply for, accept, reject, alter or terminate the grant.
ISSUE: The resolution from 3/27/07 must be revised to show a cash match of 35% rather than
25 %. This is a 07/08 change by the State of Texas. The additional matching funds will be
provided from the Law Enforcement Trust Fund.
REQUIRED COUNCIL ACTION: Approval to submit the revised resolution.
PREVIOUS COUNCIL ACTION: Approval of the 0708 grant application on 3/27/07.
FUNDING: The grant provides salary and benefits for two Victim Case Managers, a Staff
Assint, equipment, supplies, training, and mileage. The State is asked to provide $107,594
and the City $44,736 ($29,066 from cash contribution to grants and $15,670 from the Law
Enfotcement Trust Fund) and a $13,200 in -kind contribution of volunteer hours.
CONCLUSION AND RECOMMENDATION: Staff recommends submitting the revised resolution.
K. A. Bung
Assistant Chief of Police
RESOLUTION
AMENDING RESOLUTION 027191 BY INCREASING THE CITY MATCH
TO $44,736 WITH $13,200 IN -KIND SERVICES AND AUTHORIZING
THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF
$107,594 TO TIC STATE OF TEXAS, CRIMINAL JUSTICE DIVISION
FOR YEAR 8 FUNDING AVAILABLE UNDER THE VIOLENCE
AGAINST WOMEN ACT (VAWA) FUND FOR THE POLICE
DEPARTMENT'S FAMILY VIOLENCE UNIT FOR A TOTAL PROJECT
COST OF $165,830 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. That Resolution #027191 is amended by increasing the City match to
$44,736 with $13,200 in -kind services and that the City Manager, or his designee, is
authorized to submit a grant application in the amount of $107,594 to the State of
Teas, Criminal Justice Division for Year 8 funding available under the Violence Against
Women Act (VAWA) Fund for the Police Departments Family Violence Unit for a total
proct cost of $165,530 and is authorized to apply for, accept, reject, alter or terminate
the grant.
SECTION 2. In the event of the Toss 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,
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: %r'�. // , 2007.
By: l��
Joseph amey
Assistant City Atto ey
For City Attorney
Resoyrant- VAWA-2- amend. doc
Corpus Christi, Texas
of , 2007
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Merez
Melody Cooper
Jerry Gard
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Resolrant- VAY1/A -2- amend. doc
2
4
AGENDA MEMORANDUM
Date: May 15, 2007
SUBJECT: Corpus Christi Air Quality Research Projects
Office of Environmental Programs
AGINDA ITEM: Ordinance appropriating $21,671.76 in interest accrued on an advance payment
on a grant from the Texas Commission on Environmental Quality deposited in the No. 1071,
Community Enrichment Fund. for air quality research and planning; and declaring an emergency.
ISS E: The City of Corpus Christi was awarded an $884,600 grant from the Texas Commission on
Environmental Quality (TCEQ) for the purpose of conducting air quality research, planning, and
educational outreach in Nueces and San Patricio Counties for FY2004/2005. An advance payment
was provided to the city prior to project expenses being incurred. Interest accrued on the advance
payment. This interest must be used to fund projects associated with the air quality scope of the
original grant It is being appropriated to make it available for use in air quality planning activities.
FUPVING: The TCEQ provided the City of Corpus Christi with a grant in the amount of $884,600 to
fund air quality research and outreach projects in Nueces and San Patricio Counties. These funds
were appropriated in the No.1071 Community Enrichment Grants Fund and accrued interest on an
advance payment provided by TCEQ
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Ronald F. Massey
Assistant City Manager
BACKGROUND INFORMATION
Subbect: Corpus Christi Ozone Near Non - Attainment Area Grant
Pro ct Docription: The Texas Commission on Environmental Quality (TCEQ) funds programs in
Corpus Christi and other Texas cities close to exceeding the federal ozone standard with
Appropriation Riders to the TCEQ biennial budget. A grant of $884,600 was made available to
Corpus Christi for the 2004/2005 biennium. A portion of these funds was provided in advance of
incurring expenses and, as a result, accrued interest. The interest must be utilized to fund activities
associated with the air quality scope the original grant.
This accrued interest is being appropriated to make it available for project work that falls outside of
the TCEQ approved workplans in effect for the current grant contracts but compliments the project
work contained in those workplans. It may also be utilized to fund expenses associated with the
Corpus Christi Air Quality Committee and its support needs. Authorization has been granted by
"CEO for use of accrued interest for similar needs on prior grant contracts.
Prior Council Action: Project funding grants from TCEQ have been used to carry out the
necessary research and outreach activities, which have been instrumental in maintaining our
attainment status with the federal ozone standard to date. Council authorized execution of TCEQ
Contract No. 582 -4 -64576 for $884,600 for FY 2004/2005 and appropriated those funds (Ord. No.
026556, December 13. 2005) The project work for this specific contract has been completed and
the contract closed out.
Future Council Action: No additional Council Action is anticipated on this contract.
Page 1 of 2
AN ORDINANCE
APPROPRIATING $21,671.76 IN INTEREST ACCRUED ON AN
ADVANCE PAYMENT ON A GRANT FROM THE TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY DEPOSITED IN THE NO. 1071,
COMMUNITY ENRICHMENT FUND, FOR AIR QUALITY RESEARCH
AND PLANNING; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $21,671.76 in interest accrued on an advance payment on a grant
from the Texas Commission on Environmental Quality is appropriated from the
Community Enrichment Fund No. 1071 to pay for air quality research and planning.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 15th of May, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: May 9, 2007
B
W. Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
\LEG -DIR \Shared \GaryS \agenda1200715 -'51 Ord- AppropinterestTCEQGrant.doc
Page 2 of 2
Corpus Christi, Texas
Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date . it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H \ LEG- DIR%shared\GaryS\agenda\2007\5 -? 51Ord- AppropinterestTCEQGrant.doc
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 15, 2007
AG) NDA ITEM: Motion to authorize the City Manager or designee to approve a Letter of
Agreement between the City of Corpus Christi and the Beautify Corpus Christi Association.
ISSUE: This Letter of Agreement formalizes a joint mission between the City and BCCA to
coordinate efforts including, but not limited to, neighborhood clean -ups, recycling, community
events, promotion of City programs, and public information and education.
REQUIRED COUNCIL ACTION: Approve Letter of Agreement between City of Corpus Christi
and the BCCA.
PREVIOUS COUNCIL ACTION: The City Council has approved annual agreements on a
condnual basis with BCCA, dating back to February 15, 2002.
CONCLUSION AND RECOMMENDATION: Approve annual Letter of Agreement with the
BCCA and provide annual funding of $25,000.
Ate AmilIaL
1, Kapl:
irector of Streets and Solid Waste Services
Attachments: Letter of Agreement
BACKGROUND INFORMATION
BACKGROUND: Since February 15, 2002, Beautify Corpus Christi Association (BCCA) has
partnered with the City, and has been funded by the City, to oversee a coordinated effort between the
City and BCCA to work hand in hand on mutually beneficial environmental programs throughout the
city. Solid Waste Services will provide $25,000 from its operating budget to work closely with the
BCCA Executive Director to create and coordinate programs that will benefit both entities. This
effort is delineated in the scope of work and budget that is part of the Letter of Agreement. The
BCCA will designate the Directors of Neighborhood Services, Streets & Solid Waste Services and
Parks and Recreation or their designees as Ex- Officio (voting) members of its Board of Directors.
The Director of Streets & Solid Waste Services is the primary point of contact for the management
of this Letter of Agreement. The term of the agreement is from February 15, 2007 through February
14 2008
LETTER OF AGREEMENT BETWEEN
CITY OF CORPUS CHRISTI
AND
THE BEAUTIFY CORPUS CHRISTI ASSOCIATION
This letter of agreement ( "Letter of Agreement ") between the City of Corpus Christi
"City') and the Beautify Corpus Christi Association ( "BCCA ") formalizes the parties'
Joint mission to lead efforts to achieve and maintain a cleaner and more beautiful
environment for the enjoyment of residents and visitors to the City. The purpose of this
Letter of Agreement is to solidify the parties' coordinated efforts in the areas of:
• Participating it anti- graffiti efforts including sustaining efforts of volunteer groups
and the Corpus Christi Police Department;
• Increasing communication throughout the community regarding anti - litter and
beautification activities
• Encouraging neighborhood clean -up campaigns;
• Improving attitudes about recycling and increasing participation in the recycling
program:
• Providing leadership during community events for maintaining a sustainable
environment;
• Distributing information and educational materials regarding environmental
subject matters and
• Promoting City -wide environmental programs_
This Letter of Agreement is effective from February 15. 2007, through February 14,
2008
BCCA shall designate the following City officials as ex- officio (voting) members of its
Board of Directors: Director of Neighborhood Services, Director of Streets and Solid
Waste Services, Director of Parks and Recreation, or their designees.
The City shall provide a grant of $25,000 to BCCA in return for BCCA's efforts to
implement the scope of work described in Attachment A. The budget for this Letter of
Agreement is established in Attachment B.
BCCA 200' Agm- F ra doc
Page 1 of 6
CONTACT INFORMATION:
City of Corpus Christi
Streets and Solid Waste Services
Attn: Jeffrey D Kaplan, Director
2525 Hygeia St
Corpus Christi. TX 78415
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
(361) 826 -1970 Office
Beautify Corpus Christi Association
Attn: Ms. Daiquiri Richard
545 N. Upper Broadway, Suite #300E
Corpus Christi, Texas 78476
(361) 855 -2888 Office
361) 289 -2060 Fax
Executed by the parties this - day of May, 2007.
City of Corpus Christi Beautify Corpus Christi Association
George K. Noe
City Manager
Approved as to legal form: 5/8/07
Eliz$• th R. Hundley
As ant City Attorney
for the City Attorney
BCCA 2C.07 Agmt Final doc
ithard Pittman
President
Zel&-tA,k)
Daiquiri chard
BCCA Executive Director
Page 2 of 6
Attachment A
SCOPE OF WORK
• Annual Work Plan
Within sixty (60' days of the effective date, the BCCA Executive Director will
meet with City staff from Parks and Recreation, Neighborhood Services, and
Streets and Solid Waste Services to develop an annual work plan that defines
expectations for the parties included in the Letter of Agreement.
THE FOLLOWING ITEMS WILL BE COORDINATED WITH THE CITY'S EX-
OFFICIO BOARD MEMBERS AND OTHER CITY STAFF AS DIRECTED:
• Anti- Graffiti Efforts
BCCA shall assist the City by taking a proactive role in sustaining the efforts of
the Corpus Christi Police Department and various volunteer groups. BCCA will
facilitate public awareness campaigns when possible and assist in coordinating
eradication efforts.
• Community Communication on Anti -Litter and Beautification Activities
The BCCA Executive Director shall actively participate in anti - litter and City
beautification efforts and communicate with current and future leaders of
organizations, businesses, and citizens about the City's anti - litter and
beautification activities at both formal and informal public events.
BCCA shall continue to partner in significant landscaping projects in the City.
BCCA shall work with TXDOT to ensure proper maintenance and adequate and
appropriate plant material along our community's right -of -ways.
BCCA shall submit ar application to Keep Texas Beautiful for the Governor's
Community Achievement Award. A copy of the completed application must be
submitted to the City's Streets and Solid Waste Services Department for
recordkeeping
• Neighborhood Clean -Up Campaigns
BCCA shall assist in scheduling, promoting, coordinating, and supervising at
least four (4) community -wide clean -up events and two (2) Adopt -A -Beach clean-
up events. BCCA shall coordinate the dates with City staff to ensure that
adequate resources are available to support the events. BCCA shall take a lead
role in coordinating the recognition of participating organizations and individuals.
Jtilizing additional grants, donations, furds, supplies, and in -kind assistance from
other entities, BCCA shall provide clean -up kits, including trash bags and gloves,
BCCA oC? Agrrt F:na doc
Page 3 of 6
to citizens involved in ciean -up events. BCCA shall communicate the availability
of the clean -up kits as well as other resources to the community.
• Recycling
As part of the anti - litter and beautification efforts, the BCCA Executive Director
shall participate in recycling events and educate the public about the value of
recycling
• Community Events
BCCA shall provide clean -up assistance at community events, such as the City's
Fourth of July parades and Buccaneer Day Parade, by distributing trash bags to
participants in order to educate the public about containerization and proper
waste disposal
BCCA shall continue to take a leadership role in speaking to civic groups, clubs,
students at area schools, and participants at area fairs and other venues to
promote environmental excellence and sustainability throughout the community
in efforts to improve the City's aesthetic image.
• Promotion of City of Corpus Christi's City -wide Environmental Programs
BCCA shall help educate citizens about the City's various environmental
programs at the direction of the respective City departments (i.e., Water, Storm
Water. Solid Waste Services, Household Hazardous Waste Projects,
Wastewater, and Code Enforcement) in an effort to achieve a higher level of
environmental excellence for the community.
• Public Information and Education
BCCA shall coordinate a teacher training session presenting the "Keep America
Beautiful' and "Waste in Place" curriculums for local teachers and school
administrators BCCA shall conduct presentations at civic groups, public events,
and schools to inform the public and educate them on the programs in our
community pertaining to this scope of work.
• Litter Critter Program and Household Hazardous Waste
BCCA shall continue to communicate to area groups and associations about all
Solid Waste Services that are currently offered or modified during the term of the
Letter of Agreement. These City programs are offered in an effort to increase
participation and, thereby, reduce the amount of debris that is disposed illegally.
BCCA 2007 Agmt F r1al doc
Page 4 of 6
THE FOLLOWING REQUIREMENTS WILL BE PRESENTED TO THE CITY'S
EX- OFFICIO BOARD MEMBERS OR THEIR DESIGNEES:
• Reporting
The BCCA Executive Director shall provide quarterly executive summary reports.
The reports must summarize the activities included in this scope of work and the
progress made Any deviations from this scope of work must be included. The
quarterly reports must include copies of all monthly financial statements
approved by the BCCA Board of Directors during the period. The reports are due
May 31, 2007 August 31, 2007, and November 30, 2007, and February 28,
2008. The final report must summarize activities carried out in accordance with
this scope of work, all accomplishments, and any deviations.
• Review of financial records
Upon the City's request BCCA agrees to make any and all financial records
available for review.
• Contract management
Management and primary contact for compliance with this scope of work and the
Letter of Agreement is the Director of Streets and Solid Waste Services or his
designee.
BCCA 2007 Agmt Final doc
Page 5 of 6
Attachment B
Beautify Corpus Christi Association
545 N. Upper Broadway, Suite 700E
Corpus Christi, Texas 78476
Phone (361) 855 -2888 Fax (361) 289 -2060
APPROVED BUDGET FOR 2007
ADMINISTRATIVE EXPENSES
Health Insurance
InternetMlebsite /Computer
Meals
Mileage
Miscellaneous
Office Supplies
Payroll for Executive Director
Postage & Delivery
Rent
Taxes - Payrol
Telephone
T- Mobile
Birch Telecom
Travel
TOTAL EXPENSES PROJECTED
PROJECTED INCOME
Grant - City of Corpus Christi
Clear Channel Fundraisers
La Noche Bonita Event
Membership Income
Additional Income
Rent (In -Kind Donation'
TOTAL INCOME PROJECTED
3CCA 2007 Agmt Fra doc
Monthly
Budget
188.00
64.12
41.67
135.00
4167
9000
3750.00
30.00
1,000.00
286.88
70.00
82.00
62.50
$ 5,842.34
Annual
Budget
$ 2,256.00
769.45
500.04
1,620.00
500.00
1,080.00
45,000.00
360.00
12,000.00
3,442.50
840.00
984.00
750.00
$ 70,101.99
$25,000.00
10,000.00
18,000.00
1,000.00
5,000.00
12,000.00
$71,000.00
Page 6of6
6
CITY COUNCIL
AGENDA MEMORANDUM
Mav 15, 2007
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real
Estate Sales Contract with Gloria Diane Oliver Meerdink in the amount of $25,000 for
fee simple property rights to 9.843 acres of land, plus $900 in closing costs; all out of Lots
20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located off of
Brooke Road and County Road 7B; necessary for the Master Channel 27 Drainage
Improvement Project ( #2263).
ISSUE: The Master Channel 27 Drainage Improvement Project consists of 2.05 miles of
channel excavation and construction which is designed to reduce flooding in the adjoining
areas affected by present and future development. The proposed channel originates at
Cimarron Boulevard and continues eastward into the Cayo Del Oso as shown on Exhibit
B. City staff is presently negotiating the acquisition of 29 parcels of drainage right -of -way
for this project. A real estate sales contract for Parcels 14 and 15 has been executed by
the landowner, Gloria Diane Oliver Meerdink, in the amount of $25,000. Authorization to
enter into this contract is required by City Council.
FUMING: Stormwater 550701- 4525 - 00000 - 170578
RE(OMNDATION: Approval of the motion as presented.
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
//e
Afigel R. Escobar, P. E.
Director of Engineering Services
Background Information
Council Exhibit (Route Map)
Council Exhibit (Parcels 14,15)
Real Estate Sales Contract Summary
H \ HONE \EUSEBIOG \GEN\Agenda Items \Master Channel 27. Meerdink\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Master Channel 27 Drainage Improvements ( #2263)
Acquisition of Parcels 14 & 15, (Meerdink)
PRJECT BACKGROUND: The Master Channel 27 Drainage Improvements Project is
proposed to alleviate the Mary Carroll Channel and Master Channel 31 drainage systems
in the conveyance of storm water runoff. Master Channel 27 is designed to help reduce
flooding in the adjoining areas. This project will consists of an earthen open channel with
reinforced concrete box culverts at road crossings. The length of the channel will be
approximately 2.05 miles beginning at Cimarron Boulevard and ending at the Cayo Del
Oso as shown on the attached Exhibit B. A total of 29 parcels consisting of a combination
of both fee simple and easement rights will be required for this project.
PA$CEL. ESCRIPTIO NS; Both parcels front on a private road which extends eastward
from County Road 7B as shown on the attached Exhibit C. Parcel 14 is a tract of land
containing 7.338 acres out of a parent tract consisting of 11.212 acres. This subject parcel
measures 644 feet wide by approximately 500 feet deep. Parcel 15 is located eastward
and adjacent to Parcel 14. It contains 2.505 acres out of a parent tract consisting of 3.50
acres This subject parcel measures 210 feet wide by approximately 520 feet deep. Both
parcels are currently zoned "FR" or Farm Rural. They are also located in a delineated
wetland area and within a FEMA Flood Zone A13 (Elev. 10'), 100 year flood zone.
Residential development within these parcels is highly restricted by the Corp of Engineers
and FEMA. The landowner will retain her upland, developable property.
PAACELNEGOTIATIONS; The subject parcels were appraised for the City by American
Appraisers, Inc. in the total amount of $24,600 based on the wetland value of $2,500 per
acre. City staff presented an offer for fee simple acquisition based on the appraised value.
Negotiations were held with the landowner have concluded in an administrative settlement
of $25,000 for the 9.84 acres. An additional $900 in closing costs will be paid by the City.
The seller has requested that the sales contract be escrowed at San Jacinto Title Services
of Corpus Christi, LLC
PRR COUNCIL ACTION:
1 January 24, 2006 - Ordinance amending the 1961 Master Plan for storm drainage for
the area south and west of the City of Corpus Christi, Texas to extend Master Channel
27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27
drainage basin; and providing for publication. (Ord. No. 026634).
2. September 26, 2006 — Motion authorizing the City Manager or his designee to execute
Amendment No. 5 to the Contract for Professional Services with Maverick Engineering
of Corpus Christi, Texas in the amount of $1,143,024 for the Master Channel 27
Drainage Project. (Motion No. 2006 -324).
3. January 23, 2007 Motion authorizing the City Manager or his designee to execute a
Real Estate Sales Contract and a Temporary Construction Easement with the owners
EXHIBIT A
Charles Scott Mandel and wife, Thelma Mandel for a total expenditure of $156,718
which includes $130,900 for fee simple property rights to 3.74 acres of land, $2,100 in
closing costs, and $23,718 for a 4.77 acre temporary construction easement and
related fencing; all out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and
Garden Tracts, located on Cimarron Boulevard midway between Saratoga and
Yorktown Boulevard; necessary for the Master Channel 27 Drainage Improvement
Project ( #2263) and for other municipal purposes. (Motion No. 2007 -023).
4 March 27, 2007 — Motion waiving an irregularity and authorizing the City Manager or his
designee to execute a construction contract with Ramos Industries, Inc. of Pasadena,
Texas in the amount of $10,356,062.70 for the Master Channel 27 Improvement project
for the Base Bid and Additive Alternates No. 1, 3 and 4. (Motion No. 2007 -087).
PR ADMINISTRATIVE ACTION: None
H: \HOME \EUSEBIOG \GEN\Agenda Items \Master Channel 27. Meerdink \Background.doc
EXHIBIT A
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VICINITY MAP
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EXHIBIT 'C'
MASTER CHANNEL 27 DRAINAGE IMP.
( PARCELS 14 & 15)
CITY COUNCIL EXHIBIT
C17Y OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
0
DATE: 05 -08 -2007 ww
Real Estate Sales Contract Summary
Master Channel 27 Drainage Improvements, Project #2263
Parcels 14 & 15
This Contract is entered into by Gloria Diane Oliver Meerdink of P.O. Box 644, Ouray, Ouray
County, Colorado 81427, "SELLER ", and the City of Corpus Christi, a Texas home rule municipal
corporation, P.O Box 9277. Corpus Christi, Nueces County, Texas 78469 -9277, "BUYER ".
Terms
Seller for the consideration and under the terms set out in the contract, agrees to convey to
Buyer the following described property:
Parcel 14: a 7.338 acre (319,626 sf) tract of land out of that certain 11.212 acre tract
of land described in Volume 1854, page 648, Tract A, of the Deed Records of
Nueces County, Texas, said 11.212 acre tract of land being out of Lots 20 and 21,
Section 26, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is
recorded in Volume A, Pages 41-43, of the map records of Nueces County.
Parcel 15: a 2.505 acre (109,134 sf) tract of land out of that certain 3.5 acre tract of
land described in Document No 985385 of the Official Public Records of Nueces
County, Texas, said 3.5 acre tract of land being out of Lot 21, Section 26, Flour Bluff
and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A,
Pages 41 -43, of the map records of Nueces County.
Purchase Price - $25,000 cash.
3 Seller to provide title insurance at Buyer's expense.
4 Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed.
5 All taxes to be paid by Seller, up to and including 2006. Taxes for 2007 will be prorated to
the date of closing and paid for by Seller.
Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep
as liquidated damages should Buyer fail to consummate contract as specified, or Seller
may seek to enforce specific performance of contract.
7 Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and
zoning and regulatory ordinances.
8 Transaction to be closed on or before 90 days from the date of the contract. Seller
acknowledges that Seller has read the agreement, and it is not binding until approved by
the City Council and signed by the City Manager or his designee within 60 days of the
contract date.
9 The contract will survive the closing of the sale and delivery of the General Warranty Deed
and other conveyance documents.
10. Acquisition is under the threat of eminent domain proceedings.
EXHIBIT D
1 The Buyer's contractor is permitted to proceed with construction on the subject premises
upon execution of this contract by all parties.
1 2 Time is of the essence in closing this transaction.
H \HOME\EIJSEBIOG\GENWgenda Items\Master Channel 27. Meerdink\Contract Summary.doc
EXHIBIT D
7
CITY COUNCIL
AGENDA MEMORANDUM
May 15, 2007
AGENDA ITEM: Motion authorizing the payment of $10,520 towards an Agreed Judgment
in addition to the $24,480 Special Commissioners Award previously paid, resulting from
the condemnation suit of the City of Corpus Christi vs. Antero Molina, Sr.; for the
acquisition of Parcel 506 containing a Utility Easement, Right -of -Way Easement and
Temporary Construction Easement, all located on Yorktown Boulevard and west of
Roscher Drive; necessary for the Southside Water Transmission Main, Phase 5, Project
#8391, and for other municipal purposes.
ISSUE: Construction has been completed for Phase 5 of the Southside Water
Transmission Main. Of the thirty -seven parcels acquired, four of them required eminent
domain proceedings in which the City paid a Special Commissioners Award for the
easement rights to each of the parcels. One of these parties appealed their award of
$24,480 as being insufficient. The landowner of Parcel 506 and his representing attorney
claim damages to the subject's residence as a result of the waterline. They are willing to
settle for an additional amount of $10,520 which will cover their perceived damages to the
property, legal fees accrued, and appraisal expenses.
FUNDING: Water CIP 550701 -4475- 00000 - 180184
Amount Requested: $10,520
RECOMMENDATION: Approval of the motion as presented.
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Prior Council Action
Route Map
Parcel Location Map
/OP L.e..d04 ,.?./f/07
lXngel R. Escobar, P. E.
Director of Engineering Services
H .HOME \EUSEBIOG \GEN\Agenda Items \SS Water Trans.Ph 5 Molina\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Southside Water Transmission Main (#8391), Phase 5
Settlement of Condemnation Award Appeal, Parcel 506
Prcect lckground: The Council- approved 1997 Water Distribution System Master Plan
Update recommended a new Southside Transmission Main from the O.N. Stevens Water
Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will
alleviate inadequate water supply and pressure problems experienced during peak
demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the
transmission main is necessary to increase the hydraulic capacity of the delivery system
from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will also
be the primary supply source for the Staples Street Pumping Plant.
Phases 1 through 4a of the waterline have been constructed which extend the waterline
from the O.N. Stevens Water Treatment plant to the South Staples Water Pumping Plant,
and from there to Holly Road. Phase 5 of the waterline has also been constructed
extending the waterline from Rodd Field Road eastward down Yorktown Boulevard to the
far east end of Whiteley Drive as shown on Exhibit C. Construction of Phase 6 which
crosses the Laguna Madre and on to Park Road 22 is planned to commence in July 2007.
Parcel Description: Parcel 506 is described as a fifteen foot wide Utility Easement
containing 4,049 square feet, a twenty -five foot wide Right of Way Easement containing
12,350 square feet, and a twenty foot wide and fifty foot wide Temporary Construction
Easement containing 8,050 square feet. All three easements front along the subject
property for a distance of 556.54 feet. The Utility Easement is needed for installation of the
42 inch water transmission main. The Right of Way Easement is located between the
existing Yorktown Blvd. right of way and the new Utility Easement. This was acquired for
direct access to the waterline and for the future widening of Yorktown Boulevard as
indicated on the Corpus Christi Master Transportation Plan.
Sellpemft Details: This parcel was negotiated on an appraisal prepared by Tommy
Dorsey, MAI in the amount of $11,500 per acre plus damages which included landscaping.
After extensive negotiation, this offer and a subsequent administrative settlement offer
was rejected by the landowner, Antero Molina, Sr. The City resorted to eminent domain
proceedings on May 12, 2006 A Special Commissioners Award of $24,480 was awarded
to the landowner for the easement rights which included all damages. The City submitted
this amount to the Court Registry and was granted access to the property in order to
construct the waterline on the property. The landowner appealed this amount as being
insufficient for his land value and for his perceived damages. Through his representing
attorney, the Landowner expressed his intent to settle his objection to the Special
Commissioners Award for the amount of $35,000.
City staff has discussed the options of settlement or jury trial and have weighed the effects
of each It is of the opinion of staff that it is in the best interest of the City to proceed with
this settlement and obtain an Agreed Judgment which will convey the easement rights to
the City and settle all claims of damages.
EXHIBIT A
PREDR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
authorize contracts and expenditure of funds from the Water Capital Projects Fund
(Commercial Paper) which exceed $25,000.
H:\HOME\EUSEBIOG \GEN\Agenda Items\SS Water Trans.Ph 5. Molina \Background.doc
EXHIBIT A
PRIOR COUNCIL ACTION
SUBJECT: Southside Water Transmission Main (#8391), Phase 5
Settlement of Condemnation Award Appeal, Parcel 506
September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97 -246)
2 September 9, 1997 Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
December 16, 1997 - Approval of the FY97 -98 Capital Budget (Ord. No. 023174).
June 16, 1998 - Award of an engineering services contract in the amount of
$706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98 -208).
September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98 -327).
September 9, 1998 — Approval of a Testing Agreement in the amount of $32,822.65
with Trinity Engineering Co. for testing services for Southside Transmission Main -
J.N. Stevens Plant to Clarkwood Road (M98 -328).
November 10, 1998 - Approval of the FY98 -99 Capital Budget (Ord. No. 023474).
March 23, 1999 - Approval of site selection and authorization to proceed with
acquisition (M99 -078).
March 23, 1999 - Amendment to the FY98 -99 Capital Budget to revise the scope of
the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main from the proposed Staples Street
Pumping Plant to Yorktown Road (Ord. No. 023592).
10. March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
nclude related additional engineering services for a 42 -inch waterline from the new
pumping plant at South Staples and County Road 43 to the existing 16 -inch
waterline near Country Creek (M99 -079).
May 18, 1999 - Award of purchasing contract to A &H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
12. May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res.
M023645).
13. June 22, 1999 - Award of construction contract to Pre -Load, Inc. for Staples Street
Pumping Plant Contract 1 - 7.5 Million Gallon Storage Reservoir (M99 -189).
14. July 20, 1999 - Approval of FY99 -00 Capital Budget (Ord. No. 023703).
15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Country Creek for Staples Street Pumping Plant,
Contract 4 (M99 -342).
EXHIBIT B
1 of 4
16 October 19, 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99 -361).
17 Apra 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project
(M2000 -106).
18 AEI 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024014).
19 September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024213).
20. Seember 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000 -332).
21 December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605,411. (Motion M2000 -434).
22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000 -435).
23 February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for
$28,291 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000 -060).
24. Aril 17, 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project, Phase 1 - O.N. Stevens Plant to Clarkwood.
25. Atjl 24, 2001 -- Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001 -162)
26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an
amendment to an engineering services contract with Urban Engineering of Corpus
Christi, Texas in the amount of $454,125 for the Southside Water Transmission
Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and
C. (M2002 -180)
26. December 17, 2002 - Motion authorizing the City Manager of his designee to
execute an engineering services contract with Urban Engineering of Corpus Christi,
Texas in the amount of $1,824,742 for the Southside Transmission Water Main,
Phases 4, 4a, and 5. (M2002 -419)
27. January 14, 2003 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Garney Companies, Ltd., of Kansas City,
Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water
Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003 -019)
28. November 11, 2003 - Resolution recognizing the public necessity of acquiring utility
and construction easements for the Southside Water Transmission Main project,
Phases 4,4a,and 5, for utility and other municipal purposes in connection with said
project; and authorizing acquisition by means of negotiations or eminent domain
EXHIBIT B
2 of 4
proceedings by the City of Corpus Christi or its agents in acquiring said easements.
(Resolution No. 025547
29. March 30, 2004 - Motion authorizing the City Manager or his designee to execute a
Utility Easement instrument with Eloy H. Salazar and Ricardo A. Martinez, in the
amount of $25,080, for Parcel 406, necessary for the Southside Water
Transmission Main, Phase 4, Project, ( #8390), and for other municipal purposes.
(Motion No. M2004 -125)
30. April 13, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ann Hardy Bratton, Individually and as
independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in
the total amount of $41,937, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, ( #8425), and for other municipal purposes.
((Motion No. 2004 -141
May 18, 2004 - Motion authorizing the City Manager or his designee to execute two
Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in
the total amount of $31,290, both parcels necessary for the Southside Water
Transmission Main, Phase 4a, Project, ( #8425), and for other municipal purposes.
Motion No. 2004 -183
32. June 15, 2004 Motion authorizing the City Manager or his designee to execute a
Utility Easement instrument with Frank T. Shumate, Jr. , for Parcel 402B, in the total
amount of $30,000, necessary for the Southside Water Transmission Main, Phase
4, Project 8390, and for other municipal purposes (Motion No. 2004 -217)
3 3 August 24, 2004 - Motion authorizing payment of the Special Commissioners'
condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437,
each containing a Utility and Temporary Construction Easement, all located along
Rodd Field Road between Wooldridge Road and Saratoga Boulevard, necessary for
the Southside Water Transmission Main, Phase 4a, Project #8425, and for other
municipal purposes. (Motion No. 2004 -321)
34. October 12, 2004 - Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in
the total amount of $35,000, necessary for the Southside Water Transmission Main,
Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 2004 -378)
35. December 21, 2004 - Motion authorizing the City Manager or his designee to
execute a Utility Easement instrument with COF Construction, L.P. aka COF
Corporation, for the acquisition of Parcel 402a in the amount of $48,738, containing
both a Utility and Temporary Construction Easement, necessary for the Southside
Water Transmission Main. Phase 4, Project #8390, and for other municipal
purposes. (Motion No. 2004 -464)
.36. July 19, 2005 - Amending Resolution No. 025547 recognizing the public necessity
of acquiring utility, right -of -way and construction easements for the Southside Water
Transmission Main Project, Phases 5, for utility and other municipal purposes in
connection with said project; and authorizing acquisition by means of negotiations or
eminent domain proceedings by the City of Corpus Christi or its agents in acquiring
said easements; and revising the list of properties along the route due to rerouting
of the pipeline at Yorktown Boulevard and Waldron Road. (Reso. No. 026344)
July 26, 2005 - Motion authorizing the City Manager or his designee to execute a
Right of Way and Utility Easement instrument with Patricia Wallace, Trustee #2, for
the acquisition of Parcel 502B in the total amount of $41,000, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
EXHIBIT B
3 of 4
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No, 2005 -243)
38. September 20, 2005 - Motion authorizing the City Manager or his designee to
execute a Right of Way and Utility Easement instrument with Theodore Dimopoulos
for the acquisition of Parcel 520 in the total amount of $25,000, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005 -330)
35, October 11, 2005 - Motion authorizing the City Manager or his designee to execute
a Right of Way and Utility Easement instrument with Patricia Peterson Nuss and
Christy Ann Peterson Brown collectively dba Related Investors, Ltd., for the
acquisition of Parcel 501A in the total amount of $52,896.83, containing a Utility,
Right of Way, and Temporary Construction Easement, necessary for the Southside
Water Transmission Main, Phase 5, Project #8391, and for other municipal
purposes. (Motion No. 2005 -346)
4C October 11, 2005 - Motion authorizing the City Manager or his designee to execute
a Right of Way and Utility Easement instrument with Jonny Salomonsen and wife
Vicki Salomonsen, for the acquisition of Parcel 528 in the total amount of $58,000,
containing a Utility, Right of Way, and Temporary Construction Easement,
necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and
for other municipal purposes. (Motion No. 2005 -347)
41 December 13, 2005 - Motion authorizing the City Manager or his designee to
execute a Real Estate Sales Contract with Johnston Family Investments, Ltd., in the
amount of $25,000 plus $1,000 in closing costs, for the purchase of fee simple
property rights for Parcel 532, being all of Lot 8, Block 2, Kingswood Addition,
necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and
for other municipal purposes. (Motion No. 2005 -420)
42, March 21, 2006 - Motion authorizing the City Manager or his designee to execute a
Right of Way and Utility Easement instrument with Ronald S. Herndon and wife
Karen L. Herndon, for the acquisition of Parcel 503 in the total amount of $86,135,
containing a Utility, Right of Way, and Temporary Construction Easement,
necessary for the Southside Water Transmission Main, Phase 5, Project #8391, and
for other municipal purposes. (Motion No. 2006 -086)
43. March 21, 2006 - Motion authorizing the City Manager or his designee to execute a
Right of Way and Utility Easement instrument with the Corpus Christi Riding Center,
inc., for the acquisition of Parcel 529 in the total amount of $62,100, containing a
Utility, Right of Way, and Temporary Construction Easement, necessary for the
Southside Water Transmission Main, Phase 5, Project #8391, and for other
municipal purposes. (Motion No. 2006 -087)
44, January 17, 2007 - Motion authorizing the City Manager or his designee to execute
a Utility Easement instrument with Todd Watson and wife, Nancy Watson for the
acquisition of Parcel 601 in the total amount of $41,363, containing a Utility
Easement, necessary for the Southside Water Transmission Main, Phase 6, Project
#8392, and for other municipal purposes. (Motion No. 2007 -006)
H:'\.HOME \EUSEBIOG \GEN\Agenda Items \SS Water Trans.Ph 5 Molina \Prior Council Action.doc
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CITY PROJECT No. 8391
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OSO CREEK
VICINITY AP
NOT TO SCALE
EXHIBIT D
SOUTH SIDE WATER TRANSMISSION MAIN
PHASE 5 (Parcel 506)
CITY COUNCIL EXHIBIT
GITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 05 -02 -2007
war
8
CITY COUNCIL
AGENDA MEMORANDUM
DATE: MAY 15, 2007
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use
Privilege Agreement with James A. Caplin, M.D., dba Corpus Christi Allergy and Asthma Center
( "Owner"), for the right to install, operate, repair, replace, and maintain one private 4 -inch PVC
conduit with communication cable, approximately 60- linear feet across the Baylor Street public right -
of -way, between Morgan Avenue and Hospital Boulevard, approximately 165 -feet north of the
Moran Avenue public right -of -way; establishing a fee of $210.00; and declaring an emergency.
ISSUE: Corpus Christi Allergy and Asthma Center submitted a request to install a private 4 -inch
PVC conduit with communication cable across a public street right -of -way to provide network
communication service to both of their locations on either side of Baylor Street.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion
of public right -of -way for private purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Attachments:
E d ibit A - Background
Exhibit B - Ordinance
E�dtibit C - Site Location Map
Debbie Marroquin, E.,
Interim Director of velopment Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Agreement
James A. Caplin, M.D., dba Corpus Christi Allergy and Asthma Center ( "Owner") has requested a
Use Privilege Agreement (UPA) from the City of Corpus Christi to install, operate, repair, replace,
and maintain approximately 60- linear feet of a private 4 -inch PVC conduit with communication cable
across and within the Baylor Street public right -of -way.
Co us Christi Allergy and Asthma Center (CCAAC) has leased some office suites in the 2400 Block
of Morgan Avenue which is across the street from where they are currently located, at 2502 Morgan
Avenue. in order to provide and have network communication service to the new location from their
current address location, they will have to bore across and under the Baylor Street public right -of-
way.
CCAAC is to do directional boring by drilling under the Baylor Street right -of -way approximately 60-
feet across and approximately 6 -feet deep. CCAAC will be crossing the Baylor Street right -of -way,
approximately 165 -feet north of the Morgan Avenue public right -of -way.
Corpus Christi Allergy and Asthma Center will own the private 4 -inch PVC conduit with
communication cable, and will be solely responsible for all maintenance and removal of said conduit
and cable. An Engineering Permit will be required for any future repair, replacement, maintenance,
and removal of the conduit and cable. As -built construction plans must be submitted to the City
upon completion of the conduit and cable installation, showing all conduits and cables within city
rights-of -way.
All public and franchised utilities were contacted. City Wastewater Department has an existing 8-
inch sanitary sewer line in the area of construction, approximately 7 -feet deep and will require that
the Owner call for line location, 48 hours prior to the start of construction and that the Owner clean
and televise approximately 160 -feet of the 8 -inch sanitary sewer line from manhole to manhole after
installation of the 4" PVC conduit and cable. The Owner /Contractor will be responsible for
repkacement of any sanitary sewer line segments damaged by the boring operation in accordance
with the City Wastewater Department's requirements. Traffic Engineering will require that the
Owner /Contractor file a detour and /or barricading and /or Traffic Control plan with Traffic Engineering
for review and approval, five (5) days prior to commencing construction. None of the other city and
private franchised utilities had any objections, provided the applicant meets the specified conditions
set out in the UPA including the utility separation clearance as stated in "Paragraph I" of the UPA.
The applicant has been advised of and concurs with the conditions of the Use Privilege Agreement.
A one -time fee of $210.00 is recommended for the UPA.
H:\..', n\ag071upa1CCAAC.m2
EXHIBIT A
Page 1 of 3
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH JAMES A. CAPLIN,
M.D., DBA CORPUS CHRISTI ALLERGY AND ASTHMA CENTER
( "OWNER "), FOR THE RIGHT TO INSTALL, OPERATE, REPAIR,
REPLACE, AND MAINTAIN ONE PRIVATE 4 -INCH PVC CONDUIT
WITH COMMUNICATION CABLE, APPROXIMATELY 60- LINEAR FEET
ACROSS THE BAYLOR STREET PUBLIC RIGHT -OF -WAY, BETWEEN
MORGAN AVENUE AND HOSPITAL BOULEVARD, APPROXIMATELY
166-FEET NORTH OF THE MORGAN AVENUE PUBLIC RIGHT -OF-
WAY; ESTABLISHING A FEE OF $210.00; AND DECLARING AN
EMERGENCY,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
Use Privilege Agreement with James A. Caplin, M.D., dba Corpus Christi Allergy and
Asthma Center, ( "Owner ") for the right to install, operate, repair, replace, and maintain
one private 4 -inch PVC conduit with communication cable, approximately 60- linear feet
across the Baylor Street right -of -way, between Morgan Avenue and Hospital Boulevard;
SECTION 2. That Owner will comply with the terms and conditions of the use privilege
agreement, a copy of which is on file with the City Secretary, and be subject to the
folbwing conditions as part of the use privilege agreement.
Corpus Christi Allergy and Asthma Center, ( "Owner ") pay the $210.00 UPA fee
for the private conduit and communication cable installation across the Baylor
Street public right -of -way.
2 Owner comply with the required utility separation clearance as stated in
"Paragraph I" of the Use Privilege Agreement and maintain the minimum
horizontal and vertical utility separation requirements as required by TCEQ.
City Wastewater Department has an existing 8 -inch sanitary sewer line in the
area of construction, approximately 7 -feet deep and will require that the Owner
call for line location, 48 hours prior to the start of construction and the Owner
clean and televise approximately 160 -feet of the 8 -inch sanitary sewer line
between manhole to manhole after installation of the 4 -inch PVC conduit and
cable. The Owner /Contractor will be responsible for replacement of any sanitary
sewer line segments damaged by the boring operation in accordance with the
City Wastewater Department's requirements.
4 No public right -of -ways, or any portion thereof, shall be closed or barricaded to
use by the public until the Owner /Contractor has filed a detour and /or barricading
and /or Traffic Control plan and it has been approved by the Traffic Engineering
Department, five (5) days prior to commencing work.
H \LEG -DIR\ Shared\ GaryS\ agenda12007 \5- 15\ORD- CCAlergyAsthmaUPA.doc
Page 2 of 3
Owner must obtain an Engineering Permit for any future maintenance or removal
of the private 4 -inch PVC conduit with communication cable.
As -built construction plans to be submitted to the City upon completion of the
underground Improvement installation, showing all conduits with communication
cables within city rights -of -way.
Owner agrees to comply with all the specified conditions and provisions as set
out in the Use Privilege Agreement
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 13th of May, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: May 10, 2007
By: j uam
a . Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H:\ LEG -DIR\ Shared\ GaryS\ agenda12007 \5- 15 \ORD- CCAlergyAsthmaUPA.doc
Page 3 of 3
Corpus Christi, Texas
Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
H en ry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill
Kelly
Rest A. Kinnison
Jesse Noyola
Mark Scott
H \ LEG- DIR1Shared \GaryS\ agenda\ 2007 \5- 151ORD- CCAlergyAsthmaUPA.doc
US PRIVILEGE AGREEMENT
CORPUS CHRISTI ALLERGY AND ASTHMA CENTER
EXHIBIT C
1 OF 3
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EXHIBIT C
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EXHIBIT C
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9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 15, 2007
AGENDA ITEM:
Ordinance appropriating and transferring $15,664.39 of unappropriated interest earnings from Fund
3180, Convention Center CIP Fund to and appropriating in Fund 4710 Visitors Facility Fund;
appropriating and transferring $5,156.22 of unappropriated interest earnings from Fund 3181,
Convention Center 2002 CIP Fund to and appropriating in Fund 4710Visitors Facility Fund; and
transferring $55,000 from Reserve Appropriation in Fund 5110 Maintenance Services Fund to and
appropriating in Fund 4710 for repairs to the freight elevators at the Convention Center; amending
the FY 2006 -2007 operating budget adopted by Ordinance No. 026908 to increase appropriations by
$75,820.61 and amending the 2007 capital budget adopted by Ordinance No. 026997 to increase
appropriations by $20,820.61; and declaring and emergency.
ISSUE:
The freight elevators at the American Bank Center are in need of repair in order to operate properly.
These elevators are used by the entities that schedule functions at the Convention Center, therefore it
is critical that they be repaired as soon as possible.
REQUIRED COUNCIL ACTION:
Approval of Ordinance is required.
PREVIOUS COUNCIL ACTION:
None.
CONCLUSION AND RECOMMENDATION:
City Staff recommends approval of the Ordinance.
Cindy O'Brien
Director of Financial Services
ORDINANCE
APPROPRIATING AND TRANSFERRING $15,664.39 OF UNAPPROPRIATED INTEREST
EARNINGS FROM FUND 3180, CONVENTION CENTER CIP FUND TO AND
APPROPRIATING IN FUND 4710 VISITORS FACILITY FUND; APPROPRIATING AND
TRANSFERRING $5,156.22 OF UNAPPROPRIATED INTEREST EARNINGS FROM FUND
3151, CONVENTION CENTER 2002 CIP FUND TO AND APPROPRIATING IN FUND 4710
VISTORS FACILITY FUND; AND TRANSFERRING $55,000 FROM RESERVE
APPROPRIATION IN FUND 5110 MAINTENANCE SERVICES FUND TO AND
APPROPRIATING IN FUND 4710 FOR REPAIRS TO THE FREIGHT ELEVATORS AT THE
CONVENTION CENTER; AMENDING THE FY 2006 -2007 OPERATING BUDGET
ADOPTED BY ORDINANCE NO. 026908 TO INCREASE APPROPRIATIONS BY
$75,820.61 AND AMENDING THE 2007 CAPITAL BUDGET ADOPTED BY ORDINANCE
026997 TO INCREASE APPROPRIATIONS BY $20,820.61; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $15:664.39 of unappropriated interest earnings is appropriated and
transferred from Fund 3180, Convention Center CIP Fund to and appropriated in Fund 4710
Visitors Facility Fund; that $5,156.22 of unappropriated interest earnings is appropriated and
transferred from Fund 3181 Convention Center 2002 CIP Fund to and appropriated in Fund
4710 Visitors Facility Fund; that $55,000 is transferred from Reserve Appropriation in Fund
5110 Maintenance Services Fund to and appropriated in Fund 4710 for repairs to the freight
elevators at the Convention Center.
SECTION 2. That the FY 2006 -2007 operating budget adopted by Ordinance 026908 is
amended to increase appropriations by $75,820.61. That the FY 2007 Capital Budget
adopted by Ordinance 026997 is amended to increase appropriations by $20,820.61.
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 15th day of May, 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 9, 2007
Lisa Aguilar
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
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
votirr upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully. Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jon Marez
Jesse Noyola
Mark Scott
10
CITY COUNCIL
AGENDA MEMORANDUM
May 8, 2007
AGENDA ITEM: Resolution authorizing the South Texas Aggregation Project, Inc. to
negotiate an electric supply agreement for deliveries of electricity effective January 1,
2000; authorizing the City Manager to sign a contract with STAP for the City of Corpus
Christi's 2008 and, if economically feasible, 2009 electricity needs; and committing to
budget for energy purchases in 2008 and, if economically feasible, 2009 and to honor
the City of Corpus Christi's commitments to purchase power for its electrical needs in
2008 and, if economically feasible, 2009 through STAP.
ISSUE: The current retail energy supply contract between the South Texas
Aggregation Project, Inc., (STAP) and Constellation Energy is schedule to expire
at the end of this calendar year. The STAP Board of Directors has authorized the
corporat's energy consultant to research opportunities to lock into an energy
price for calendar year 2008 and, if it is economically advantageous, for calendar
year 2008 that is at or below the STAP current price for power. In anticipation of
locig in a favorable price soon, STAP members must begin the process of
seeing authorization for next year's contract.
BACKGROUND:
One of the primary goals of STAP is to achieve the greatest amount of savings in
the deregulated market. Since its inception, STAP members have saved more
than thirty percent off of the Price to Beat. As the STAP Board and its advisors
gain more experience in the deregulated market, options to increase the savings
for $TAP members are constantly reevaluated. The STAP Board believes that a
long term wholesale power contract may be another option to realize greater
savings.
RE$UIRED COUNCIL ACTION: Approval of the Resolution.
CONCLUSION AND RECOMMENDATION: Approval of the Resolution.
Oscar Martinez
Assistant City Manager
RESOLITTION NO.
\ RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
\UTHORIZINC. THE SOUTH TEXAS AGGREGATION PROJECT, INC. TO
NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF
ELECTRICITY EFFECTIVE JANUARY 1, 2008; AUTHORIZING THE CITY
MANAGER TO SIGN A CONTRACT WITH STAP FOR THE CITY OF
CORPUS CHRISTI'S 2008 AND, IF ECONOMICALLY FEASIBLE, 2009
ELECTRICITY NEEDS, AND COMMITTING TO BUDGET FOR ENERGY
PURCHASES IN 2008 AND, IF ECONOMICALLY FEASIBLE, 2009 AND TO
HONOR THE CITY OF CORPUS CHRISTI'S COMMITMENTS TO
PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2008 AND, IF
ECONOMICALLY FEASIBLE. 2009 THROUGH STAP.
WHEREAS, the City of Corpus Christi, Texas (City) is a member of South Texas Aggregation
Project, loc. (- ST APn, a nonprofit political subdivision corporation dedicated to
securing electric power for its members in the competitive retail market; and
WHEREAS, STAP negotiated favorable contract terms and a reasonable commodity price for
delivered electricity for STAP members since 2002, resulting in average savings
to STAP sf thirty percent off of the Price to Beat ( "PTB ") rate; and
WHEREAS, STAP believes that the pricing opportunity window for favorable 2008 deliveries
under either a wholesale or retail agreement will be short-lived and that STAP
must be able to commit contractually to prices within a 24 -hour period in order to
lock -in favorable prices regardless of whether STAP continues its historic practice
of retail agreements or enters the wholesale market; and
WHEREAS, experiences in contracting for STAP load since 2002 demonstrated that Retail
Electric Providers demand immediate response to an offer and may penalize delay
with higher prices; and
WHEREAS, STAP's aggregated rate contracted during favorable pricing periods is likely to
be lower than prices obtained by the City contracting individually during the
same time period, and
WHEREAS, power suppliers demand assurance that STAP will pay for all contracted load; and
WHEREAS, the City of Corpus Christi needs to assure STAP that it will budget for energy
purchase` in 2008 and potentially 2009 and honor its commitments to purchase
power for its electrical needs in 2008 and potentially 2009 through STAP.
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
Section 1:
That the STAP Board and its consultants and advisors are authorized to negotiate on
behalf or STAP members and will evaluate for the City various supply contract options for 2008
and, if economically feasible 2009, and to recommend to the STAP Board a retail electric
delivery contract for 2008 and potentially 2009.
Section 2:
That the City will execute a contract with STAP that permits the STAP Board and its
consultants and advisors to negotiate and sign the electric power agreement for the City's 2008
and, if economically feasible, 2009 electricity needs as a member of STAP and commits its 2008
and, if economically feasible, 2009 load pursuant to the contract recommended and approved by
the STAP Board of Directors.
Section 3:
That the City will commit to purchase power to.meet all of its electricity needs eligible
for competition pursuant to the STAP approved supply agreement and approve funds necessary
to pay electricity costs proportionate to the City's load under the supply agreement (whether
wholesale or retail) arranged by ST AP.
Section 4:
That a copy of the resolution shall be sent to Geoffrey M. Gay, legal counsel to STAP, at
816 Congress Avenue, Suite 1900, Austin, Texas '78701.
PRESENTED AND PASSED on this day of , 2007, by a vote
of ayes and nays at a regular meeting of the City Council of the City of Corpus
Christi, Texas.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
Approved as to form: May 3, 2007
Lisa Aguilar, Assi+s
For City Attorney
t City Attorney
Corpus Christi. Texas
of , 2007
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
11
CITY COUNCIL
AGENDA MEMORANDUM
May 8, 2007
AGEND* ITEM: Resolution approving Corporate Resolution of South Texas
Aggregation Project.. Inc. regarding transfer of corporation funds to A. G.
Edwards.
ISSUE: The South Texas Aggregation Project Board of Directors currently is
responsible for stewardship of all corporate funds received and paid by the
orgsnizatlon. During the April 13, 2007 Board of Directors meeting the South
Texas Aggregation Project, Inc. considered and approved transfer of financial
financial investments from Edwards Jones to A. G. Edwards.
Council al proval is required to complete the transfer and proposed by the South
Texas Aggregation Project Board of Directors.
REQUIRED COUNCIL ACTION: Approval of the Resolution.
CONCLUSION AND RECOMMENDATION: Approval of the Resolution.
C/Ifiak_
Oscar Martinez
Assistant City Manager
RESOLUTION
APPROVING THE CORPORATE RESOLUTION OF SOUTH TEXAS
AGGREGATION PROJECT, INC. REGARDING TRANSFER OF FUNDS
TO A.G. EDWARDS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Council approves of the attached South Texas Aggreation
Project, Inc. Corporate Resolution to transfer funds from Edward Jones to A.G.
Edwards. The City Manager or his designee is authorized to execute all
documents necessary for such transfer of funds.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 1, 2007
Lisa Aguilar
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
SOUTH TEXAS AGGREGATION PROJECT, INC.
CORPORATE RESOLUTION
WHEREAS the South Texas Aggregation Project, Inc. (STAP) assesses its members an
aggregation fee to provide working cash, and
WHEREAS STAP has a fiduciary responsibility to invest and protect its funds; and
WHEREAS the STAP Board of Directors at its meeting on Friday, April 13, 2007 voted
unanimously to move its investments from Edward Jones to A.G. Edwards; and
WHEREAS this resolution is effective immediately upon email approvals of a majority
of Board members and the signature of the Chairman of the Board.
THEREFORE, BE IT RESOLVED by the Board of Directors of the South Texas
Aggregation Project, Inc. that the Corporation's Treasurer, David Smith, may take necessary
steps to place STAP funds with A.G. Edwards.
James Darling
Chairman
Date
Attest:
Geoffrey M. Gay
General Counsel
Date
Corpus Christi, Texas
of , 2007
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 Noyo la
Mari( Scott
12
CITY COUNCIL
AGENDA MEMORANDUM
DATE: MAY 8, 2007
AGENDA ITEM: Ordinance amending Chapter 14 "Development Services," Article II "City of Corpus
Christi technical construction codes," Division 8 "Residential code," Section 14 -291 "Residential
construction code," of the Code of Ordinances, to amend the definition of townhouse; providing for
severance; providing a penalty clause: providing for publication; and providing for an effective date.
ISSUE: To allow the development of a two unit townhouse project by amending the language in the
definition of a townhouse by replacing the word Three with the word Two.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval to amend the adopted
Technical Construction Codes.
RECOMNDATION: Staff recommends approval of the ordinance as presented.
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
(
;bb&
Debbie Ma uin, P .,
Interim Director of elopment Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Amendment
Effective October 9, 2003, the City of Corpus Christi began enforcing the provisions of the 2003
Inteelation& Residential Code (IRC) for townhouse construction. All projects submitted for permit were
reviewed and permitted to meet such standards. However, the City of Corpus Christi has been
encountering projects that have been submitted and permitted as multi - family and /or two- family dwellings
(duplexes) and later re- platting to convert into townhouses.
Current definition of a Townhouse, as defined in the IRC, is "A single - family dwelling unit constructed in a
group of three or more attached units in which each unit extends from foundation to roof and with open
spaces on at least two sides." Townhouses shall be considered as separate buildings separated by a fire -
resistance rated wall assembly meeting the requirements of Section R302 of the IRC for exterior walls,
which must result to a minimum of a two -hour fire -rated assembly between each unit. Each unit should
provide for independent living from adjacent units. No utilities, such as plumbing, mechanical, electrical,
gas, cable, and or telephone shall cross property lines or through one unit into another. Such utilities shall
be routed outside of the building envelope in common areas or in designated utility easements.
The conflict during the repeat on most cases is the requirement of having three or more units. The current
definition does not allow the development of a two unit townhouse project.
This proposed change originated in UDC Infrastructure Committee meetings. It was discussed with the
International Code Council and confirmed that other cities have amended this section of the code. It was
also discussed with the Home Builders Association. A final draft of the ordinance was recommended for
approval by the Building Code Board of Appeals.
EXHIBIT A
AN ORDINANCE
Page 1 of 3
AMENDING CK APTER 14 "DEVELOPMENT SERVICES," ARTICLE II
"CITY OF CORPUS CHRISTI TECHNICAL CONSTRUCTION CODES,"
DIVISION 8 "RESIDENTIAL CODE," SECTION 14 -291 "RESIDENTIAL
CONSTRUCTION CODE," OF THE CODE OF ORDINANCES, TO
AMEND THE DEFINITION OF TOWNHOUSE; PROVIDING FOR
SEVERANCE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 14 Development Services, Article II. "City of Corpus Christi Technical
Construction Codes," Article 8. "Residential Code," Section 14 -291 "Residential
Construction Code," to read as follows:
Sec. 14 -291. Residential construction code.
With the following additions, deletion, and revisions, the International residential Code
for One -and Two - Family Dwellings, 2003 Edition, a copy of which, authenticated with
the signatures of the mayor and city secretary, made public record by this section, and
on file in the city secretary's office, is incorporated by reference and adopted as the
residential construction code for the city:
(2) Section R202 of the international Residential Code for One- and Two - Family
Dw*llings is amended
to read as follows:
SECTION R202
DEFINITIONS
*
Townhouse. A single - family dwelling unit constructed in a group of three two or more
attached units in which each unit extends from foundation to roof and with open space
on at least two sides.
SECTION 2. The City Council intends that every section, paragraph, subdivision,
dame, phrase, word or provision hereof shall be given full force and effect for its
H: LEG -DIR\ Shared \GaryS \agenda\2007 \5 -8 \Ord- Townhouse definition 14- 291.doc
Page 2 of 3
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 3. A violation of this ordinance or requirements implemented under this
ordnance constitutes an offense punishable under Section 1 -6 of the City Code of
Ordinances.
SECTION 4. 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 5. This ordinance shall take effect upon and after publication of this
ordnance.
H `.LEG -DIR\ Shared \GaryS agenda\2007\5- 8\Ord- Townhouse definition 14- 291.doc
That the foregoing or
reading on this the
Page 3 of 3
ance was read for the first time and passed to its second
ay of___, 2007 by the following vote:
Henry Garrett, Mayor _.xu� Rex A. Kinnison
Brent Chesney John E. 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 2007, by the following vote:
Henry Garrett, Mayor Rex A. Kinnison
Brent Chesney John E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
PASSED AND APPROVED this the day of , 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved: May „g_, 2007
By
c'ary % . Smith
Assistant City Attorney
For City Attorney
H:\ LEG -DIR\ Shared \GarvS\agenda'2007 \5 -8 \Ord- Townhouse definition 14- 291.doc
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 15, 2007
AGENDA ITEM:
A Motion to amend prior to second reading. the Ordinance amending Corpus Christi Code of
Ordinances. Chapter 17, regarding hotel occupancy taxation, to provide listing of exempt State
officials, provide that tax due on amounts received by hotel, and provide reasonable notice to hotel of
record review or audit.
Ordinance amending the Code of Ordinances, City of Corpus Christi Chapterl7 regarding hotel
)c•cupancv taxation: providing for penalties; providing for severance; and providing for publication.
ISSUE:
On July 28, 2005, the City of Corpus Christi entered into a consultant services agreement with MBIA
MuniServices Company (now called MuniServices). Part of MuniServices' contract was to review and analyze
the City s existing hotel occupancy taxation ordinance and make recommendations for improvements, if
needed.
As per the recommendations of MuniServices, certain sections of the ordinance have been updated. Additional
wording has been added to Chapter 17. sections 17 -35 through 17 -42 to clarify the following: room occupancy
definitions, registration, hotel occupancy tax collection, filing of reports, procedures to allow for provisions for
the criminal prosecution for failure to pay, removal of interest charges on past due amounts, and increasing the
penalty for nonpayment to I %. The effective date of the changes will be July 1, 2007.
The attorney for the Texas Hotel Association has also reviewed the Ordinance and has suggested revisions to
several Sections. Sec. 1 7 -36. Levy of taxes; rates; registration; exceptions — (c) (5) will now specify the
definition of a State of Texas Officer o employee. Sec 17-37. Collection — (a) now specifies that the lodging
provider shall be liable for any amoun- of tax that he fails to collect appropriately on revenue that is actually
received by the hotel and must remit to the City any amount of tax collected in excess of that which should
have been collected. Section 17 -39. Procedures — (b) adds the phrase "with reasonable notice" to the section
referencing records required from lodging providers and (c) adds the phrase "with reasonable notice" to the
section referencing the exam nation of records and audits.
REQUIRED COUNCIL ACTION:
City Council approval of the amendment to the ordinance is requested.
PREVIOUS COUNCIL ACTION:
May 8, 2007 — First Reading of the revised hotel occupancy tax section of the Code of Ordinances.
February 20, 2007 -- Hotel Occupancy Tax Review Presentation to City Council by Muni Services
October 1987 — Last revision to the hotel occupancy tax section of the Code of Ordinances
CONCLUSION AND RECOMMENDATION:
City Staff recommends that the City Council approve the amendment to the ordinance as stated.
Cindy O'Brien'
Director of Financial Services
Attachments:
Background Information
Ordinance
BACKGROUND INFORMATION
On July 28, 2005, the City of Corpus Christi entered into a consultant services agreement with MBIA
MuniServices Company (now called MuniServices). This agreement was a one -year agreement, with
two one -year renewals to provide ordinance, return, and administration review services; analysis and
compliance review services; and field audit services. We are currently in the second year of this
agreement MuniServices has completed their review of our existing hotel occupancy taxation
ordinance and are making recommendations for improvements in order to comply with State law, as
well as be consistent with other Municipalities across the state.
The City sent letters to each hotelier, notifying them of the proposed changes. A few suggestions
were made which were incorporated into the revised ordinance presented today. The local hotel
association was also contacted and they voiced no concerns with the changes. A few of the hoteliers
that are not part of the association voiced concerns regarding the amount of the increase in the
penalty for nonpayment and also suggested that we issue a greater discount for paying on a time.
The City currently charges a 5% penalty for failure to file a report on time. State law allows for a
15% penalty, which is the percent being recommended as a change. Relating to the discount for
timely payment of the tax. State law only allows a municipality to permit a 1% discount for timely
payment of the hotel tax.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 17 REGARDING HOTEL OCCUPANCY
TAXATION; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
SECTION 1. The City Code of Ordinances, Chapter 17, Article II Taxation, Sections
17 -35 through 17 -42, regarding collection of hotel occupancy taxes, is amended to
read as follows:
"Sec 17 -35. Room occupancy tax -- Definitions.
As used in sections 17 -36 through 17 -40, the following words, terms and phrases
are defined as follows
Consideration: The cost of the room in a hotel only if the room is one ordinarily used
for sleeping, and shall not include the cost of any food served or personal services
rendered to the occupant of such room not related to the cleaning and readying of
such room for occupancy.
FolO. Pruary documentation produced by a hotel that demonstrates interaction
between the lodging provider and the occupant, and which, at a minimum, reflects
the name and address given by the occupant, the date(s) of occupancy, the amount
of consideration charged for each date together with the amounts of applicable tax.
Hotel: A building in which members of the public obtain sleeping accommodations
for consideration. The term includes a hotel, motel, tourist home, tourist house,
tourist court, lodging house, inn, rooming house, or bed and breakfast. The term
does not include:
(1 ) A hospital, sanitarium, or nursing home; or
(2) A dormitory or other housing facility owned or leased and operated by an
instkution of higher education or a private or independent institution of higher
education as those terms are defined by Section 61.003, Education Code, used by
the institution for the purpose of providing sleeping accommodations for persons
engaged in an educational program or activity at the institution.
Looping Provider. Any person owning, operating, managing or controlling a hotel in
theity, including, but not limited to, the owner or proprietor of such premises,
lese, sublessee, lender in possession, licensee or any other person operating
such hotel and who is subject to collecting and remitting the tax imposed upon
quests.
Monthly period The regular calendar month of the year.
1
Occupancy: Shall mean the use or possession, or the right to the use or possession
of any room in a hotel if the room is one ordinarily used for sleeping and if the
occupant's use, possession or right to use or possession extends for a period of less
than thirty (30) days.
Occupant or quest: Anyone, who, for a consideration, uses, possesses, or has a
right to use or possess any room or rooms of sleeping space or facility in a hotel
under any lease, concession permit, right of access, license, contract or agreement.
Person: Any individual, company, corporation or association owning, operating,
managing or controlling any hotel
Tax assessor and collector: The tax assessor and collector of this city.
"Sec. 17 -36. Same - -Levy of taxes; rates; registration; exceptions.
(a) There is hereby imposed, as authorized by and for the purposes provided in
Chapter 351, Texas Tax Code, a tax of nine (9) per cent of the price paid for a room
in a hotel on a person who, under a lease, concession, permit, right of access,
license, contract, or agreement, pays for the use or possession or for the right to the
use or possession of a room that is in a hotel, costs two dollars ($2.00) or more each
day, and is ordinarily used for sleeping.
(b) Every person engaging or about to engage in business as a lodging provider in
the city shall immediately register with the finance director on a form provided by
said official. Persons engaged in such business must so register not later than
thirty (30) days after the date that this ordinance becomes effective. Such
registration shall set forth the name under which such person transacts business or
int tnds to transact business, the location of his place(s) of business and such other
inf irmation which would facilitate the administration of the tax as prescribed by the
finance director. The registration shall be signed by the owner if a natural person in
case of ownership by an association or partnership, by a member or partner in case
of ownership by a corporation, by an officer. The finance director shall, after such
req stration, issue without charge a certificate of authority to each lodging provider to
coUect the tax from the occupant. A separate registration shall be required for each
place of business of a lodging provider. Each certificate shall state the name and
location of the business to which it is applicable.
c) No tax shall be imposed hereunder upon a permanent resident. Exceptions
to tax are as follows
No tax shall be collected from a guest after becoming a permanent resident. A
2
quest becomes a permanent resident either after thirty (30) continuous days'
occupancy, or upon notifying the lodging provider in writing of his intention to occupy
a guest room for longer than thirty (30) continuous days and then proceeding to
actually occupy the quest room for such period. A quest who would express intent,
but fails to stay thirty (30) continuous days, is not a permanent resident and is not
excepted from the tax. However, a guest who expresses intent and does stay is
excepted from the tax as of the date he notified the lodging provider of his intention.
A lodging provider may levy the tax for the first thirty (30) days and refund tax if
quest meets the criteria for a permanent resident.
2) No tax shall be collected from the U.S. federal government nor an officer or
employee of said government when traveling on government business and
presenting official identification.
3) No tax shall be collected from the following Texas quasi - governmental entities,
nor an officer or employee of any thereof when traveling on business and presenting
offial identification: public facility corporations, housing authorities, housing finance
corporations. and health facilities development corporations.
i4) No tax shall be collected from electric cooperatives formed under Chapter 161 of
the Texas Utilities Code, nor telephone cooperatives formed under Chapter 162, nor
an officer or employee of either thereof when traveling on business and presenting
official identification.
(5) Generally, employees of State governmental agencies must pay the tax;
ho -ver no tax shall be collected from a State of Texas effieeFs officia or
emRloyeej such as Meads of State agencies, members of State boards and
corgmissions, district orne State 'ud es District Courts Courts of A als
Covet of Criminal Appeals, and Supreme Court), State legislators, legislative
employee . Secretary • f the enate and the Executive Director of the Leis _ tive
Cowncil, then traveling on State business, when
card issued by a State agency verifying the identity that specifically states they are
exempt from hotel oc sane taxes under Tax Code S -ction 156.103 d and a
con pletei hotel tax exemption certificate .
resentin
a photo identification
(6) No tax shall be collected from a foreign diplomat when presenting a tax
exemption card issued by the United States Department of State.
"Sec. 17 -37. Same -- Collection.
(a) Every : - : _ _ _ .. _ . : - : .: - . ' - : - I lodging
prouder shall collect the tax imposed in section 17 -36 hereof for the city. The
lode, 'ng provider shall provide a receipt to each quest, which receipt shall reflect both
the amount of consideration and the amounts of this and other tax applicable. In lieu
of areceipt for a room that is prepaid through a third party booking entity, the lodging
provider shall include in its monthly report the amount of consideration actually
3
re-ived • the hotel and a••Iicable tax due. All tax shall be due from the quest,
and shall be collected by the lodging provider at the same time that the
consideration is collected. The lodging provider shall be liable for any amount of tax
the he fails to collect appropriately on revenue that is actually received by the hotel
and must remit to the city any amount of tax collected in excess of that which should
have been collected.
f b) Lodging provider selling or quitting business. If any lodging provider liable for any
arnount under this ordinance sells his business or quits his business, he shall make
a final return and remittance of taxes due within fifteen (15) days after the date of
sang or quitting the business.
Lc) Duty of successors or assignees of lodging provider to withhold tax from
purchase money. If any lodging provider liable for any amount of tax, interest or
penalty under this ordinance sells out his business or quits the business, his
successors or assigns shall withhold sufficiently from the purchase price to cover
such amount until the former owner produces from the finance director either a
receipt reflecting full payment or a certificate stating that no amount is due.
jd) Liability for failure to withhold. If the purchaser of a business fails to withhold from
the purchase price as required, he shall be personally liable for the payment of the
amount required to be withheld by him to the extent of the purchase price.
(e) Credit for tax or penalty overpaid. If the lodging provider or person determines
the he has overpaid hotel tax or penalty to the City, such person shall have four (41
years from the date of payment to file a claim in writing stating the specific ground
upon which the claim is founded. The claimant may request a hearing before the
City Manager or designee at which the claim and any other information available will
be considered. The City Manager or designee shall approve or disapprove the claim,
and notify the claimant of his action.
"Sec. 17 -38. Same--Reports.
On or before the last day of the month following each monthly period, every person
required in section 17 -37 hereof to collect the tax imposed herein shall file a report
with the finance department showing the consideration paid for all room or sleeping
space occupancies in the preceding month, the amount of tax collected on such
occupancies, number of room nights available during the reporting period, number of
room nights rented occupied during the reporting period, and any other information
as the finance department may reasonably require, which report shall be in writing.
Such persons shall pay the tax due on such occupancies at the time of filing of such
report, provided that a one per cent discount may be retained for payment with
nitial thir -day period made before the due date. Reports must be postmarked or
received by the last day of the month following the reporting period to be timely.
'Sec. 17 -39. Same -- Procedures.
4
a) The finance department shall adopt procedures, rules, and regulations as are
reasonably necessary to effectively collect the tax levied herein, and shall upon
request of any person owning, operating, managing, or controlling any hotel furnish
a copy of such procedures, rules, and regulations for the guidance of such person
and facilitate the collection of such tax as a collection is required herein. Such
procedures, rules, and regulations shall be in writing and a copy thereof shall be
placed on file with the city secretary.
(b) Records required from lodging providers. Every lodging provider offering guest
rooms in the city shall preserve, for a minimum of four (4) years, all folios, receipts,
itemized statements from third party booking entities, certificates of exemption and
suit other documents as the finance director may prescribe, and in such form as he
or she may require. Said records shall at all times be available with reasonable
notice for examination within the city.
(c) Examination of records, audits. The finance director or any person authorized in
writing by her or him may examine the books, papers, records, financial reports,
equipment and other facilities of any lodging provider offering guest rooms and any
lodging provider liable for the tax, in order to verify the accuracy of any return made,
or if no return is made by the lodging provider, to ascertain and determine the
amount required to be paid. Such examination shall be conducted with reasonable
note_at the place of lodging provision, unless the finance director shall authorize
another place within the city. In the event that the tax has been delinquent for at
least (2) complete fiscal quarters, the reasonable cost of the examination may be
assessed against the lodging provider.
(d) Authority to require reports, contents. In administration of the provisions of this
ordance, the finance director may require the filing of reports by any person or
clans of persons having in their possession or custody information relating to the
queft rooms which are subject to the tax. The reports shall be filed with the finance
director when required by said official, and shall set forth the consideration for each
occupancy, the date(sJ of occupancy, the basis for exemption, or such other
information as the finance director may prescribe.
"Sec. 17-40. Same -- Penalties.
(ar If the person who is required to pay the tax imposed by sections 17 -35
through 17 -39 fails to collect such tax, file a report, or does not pay the tax when it is
due, the person shall pay to the city a penalty of five (5) fifteen (15) per cent of the
amount due.
5
"Sec, 17-41. Same- Interest. Reserved.
"Sec. 17-42. Same -- Criminal penalty.
(a) A person commits an offense if the person fails to file a report with the finance
department, collect a tax for the city, or pay a tax to the finance department as the
person is required to do by sections 17 -35 through 17 -39, or fails to follow any
procedure, rule, or regulation promulgated by authority of section 17 -39.
(b) An offense under this section is a misdemeanor punishable by fine as
provided in section 1 -6 of the Corpus Christi City Code."
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is
the definite intent of this City Council that every section, paragraph, subdivision,
clause, phrase word or provision of this ordinance be given full force and effect for
its purpose.
SECTION 3. A violation of this ordinance or requirements implemented hereunder
shall constitute an offense, punishable as provided in Section 1 -6 of the City Code of
Ordinances
SECTION 4. 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 5. This Ordinance takes effect on July 1, 2007.
6
That the foregoinginance vy s read for the first time and passed to its second
reading on this the day of , 2007, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2007, 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 , 2007.
ATTEST:
Armando Chapa. City Secretary Henry Garrett, Mayor
Approved
Lisa Aguilar
Assistant City Attorney
for City Attorney
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 15, 2007
AGENDA ITEM:
) Public hearing to consider amending Chapter 53 "Traffic ", Article IX "Vision and
Passage obstructions," Section 53 -263 "Obstructing Street and Sidewalk Traffic, and
Public Right -of -Way Generally," of the Code of Ordinances, City of Corpus Christi and
Chapter 59 "Zoning," Article 33 "Supplemental Sign Regulations, Permits, Plats and
Filing Fees," Section 33 -1 .02.06 "Exempt Signs" of the Code of Ordinances, City of
Corpus Christi, to provide an exemption from regulation for certain A -Frame Signs in
the downtown area.
b) Ordinance amending Chapter 53 "Traffic ", Article IX "Vision and Passage
obstructions," Section 53 -263 "Obstructing Street and Sidewalk Traffic, and Public
R ght -of -Way Generally," of the Code of Ordinances, City of Corpus Christi and
Chapter 59 "Zoning," Article 33 "Supplemental Sign Regulations, Permits, Plats and
Filing Fees," Section 33- 1.02.06 "Exempt Signs" of the Code of Ordinances, City of
Corpus Christi, to provide an exemption from regulation for certain A -Frame Signs in
the downtown area providing for severance; providing for a penalty clause; providing
for publication; and declaring an emergency.
BACKGROUND:
In January 2007, the City received requests from downtown proprietors to allow the placement
of A -Frame signs in the public right -of -way areas to provide opportunities for store -front
advertisement.
The conditions in the downtown area are unique in the City of Corpus Christi, in that many of
the buildings are constructed to the lot line, leaving no setback from the public right -of -way.
This unique condition in the downtown area makes store -front advertising difficult for the
downtown proprietors.
Currently, the City's Code of Ordinances (Chapter 53 "Traffic ", Article IX "Vision and
Passage Obstructions," Section 53 -263 "Obstructing Street and Sidewalk Traffic, and Public
Right -of -Way Generally," and Chapter 59 "Zoning," Article 33 "Supplemental Sign
Regulations, Section 33- 1.02.06 "Exempt Signs ") regulate the placement of any "obstruction"
in the public right -of -way without authorized exemption.
To address this unique downtown issue, city staff members from Neighborhoods Services,
Development Services, Traffic Engineering, and Legal Departments reviewed the relative
Ordinances listed and developed an "Exempt Signs" provision to the Zoning Ordinance to
provide an exemption from regulations for certain A -Frame Signs in the designated downtown
area (located in the area bounded by Shoreline Drive, Park Street, Tancahua Street, Highway
181, Mesquite Street, and Fitzgerald Street). The exemption also maintains the public
accessibility requirements as regulated by the Americans with Disabilities Act.
The drafted sign exemption was provided to various downtown business organizations for their
review and feedback by means of e-mail and/or during organized meetings with City staff.
Representatives from the following organizations participated in this public process: The
Unified Development Code (UDC) Sign Committee; Downtown Management District;
Downtown Redevelopment Committee, The Heart of Corpus Christi, and the Downtown
Merchants Association The general direction and consensus provided from these participating
downtown organizations was that of practicality with suggestions to include basic sign
construction and reasonable requirements for placement of the A -Frame sign.
The resulting recommended "Exempt Sign" provision provides for the use of non - illuminated
sandwich board signs or A -frame signs at appropriate locations and under appropriate
conditions, reasonably accommodates the needs for proprietors to advertise.
The issue of general zoning and code regulation in the downtown area will continue to be
examined and determined through a potential overlay district process as recommended by the
Downtown Redevelopment Committee in November 2006.
RIPUEITED CITY COUNCIL ACTION:
Approval of Planning Commission and staff recommendation.
PIWINJ$G COMMISSION RECOMMENDATION (05/02/07):
Approval of Staff's recommendation.
STAFF RECOMMENDATION:
Ref recommends approval of the proposed amendments to provide an exemption from
regulation for certain A -Frame Signs in the downtown area.
e Morales Haag Faryce Go .4 a -Macon
or Interim Ass tant Director
hborhood Services Department Development Services/Planning
A cbu ts:
1) Planning Commission Minutes (05/02/07)
2) Street Map Exhibit
3) Ordinance
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — May 2, 2007
5:30 P.M.
COMMISSIONERS PRESENT
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
Fred Braselton
Evon J. Kelly
Johrmy R. Martinez
Michael Puslev
John C. Tamez
COMMISSIONERS ABSENT:
Atilano J Huerta
DRAFT COPY
Unapproved
STAFF:
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Johnny Perales, Jr., PE, Interim Assistant
Director of Development Services/ Special
Services
Miguel S. Saldatia, AICP, Senior City Planner
Mic Raasch, AICP, City Planner
Dan McGinn, Project Manager
Chip Baish, Project Manager
Gary Smith, Assistant City Attorney
Wendy Ogden, Assistant City Attorney
Beverly Lang - Priestley, Recording Secretary
Lilly Muniz - Rivera, Recording Secretary
CALL TO ORDER — 5:30 p.m.
A quorum was declared and the meeting was called to order at 5:30 p.m.
V. PUBLIC HEARING - DOWNTOWN A -FRAME SIGN EXEMPTION ZONING
TEXT AMENDMENT
Ms. Goode -Macon presented the text amendment stating the amendment is co- authored
by Yvonne Haag of Neighborhood Services and Development Services. Ms. Goode -Macon
stifled that after several meetings with downtown business owners it was apparent that there was a
need for the use of non - illuminated sandwich board signs or A -frame signs at appropriate
locations and under appropriate conditions which reasonably accommodates the needs for
proprietors to advertise. Amendment of the Chapter 53 of the Traffic Code along with Article 33
of Zoning Ordinance is required to allow this particular exemption. The boundary area for
thet particular exemption will be Shoreline Drive, Park Avenue, Tancahua, Highway 181,
Mesquite Street and Fitzgerald Street.
Ms. Goode -Macon stated that one sign per building per street front is allowed for
businesses occupying a zero -lot line building (multi - tenant buildings are allowed one sign per street
frontage), and that signs will not exceed four feet tall and two feet wide, to be displayed during the
business hours of the business utilizing the sign and must be removed from the sidewalk by 2 am.
each day and not be placed on the sidewalk before 6 a.m. each day. Ms. Goode -Macon stated that
placement of the signs will be on the public sidewalk within two and one -half feet, at its most
distant point, from the building's wall, leaving a minimum free and clear passage on the sidewalk
of al least sixty inches, or placed within two and one -half feet, at its most distant point, from the
back of the curb leaving a minimum free and clear passage on the sidewalk of at least sixty inches.
Planning Commission Minutes
May 2, 2007
Page 2
Staff recommends approval to amend Chapter 53 "Traffic", Article IX "Vision and
Passage obstructions," Section 53 -262 "Obstructing Street and Sidewalk Traffic, and Public
Right -of -Way Generally," of the Code of Ordinances, City of Corpus Christi and Chapter 59
"Zoning," Article 33 "Supplemental Sign Regulations, Permits, Plats and Filing Fees," Section
33 -1 .02.06 "Exempt Signs" of the Code of Ordinances, City of Corpus Christi, to provide an
exemption from regulation for certain A -Frame Signs in the downtown area.
In response to Vice - Chairman Garza, Ms. Goode -Macon stated that, if approved, the
atnendnnt would be announced through various downtown groups. As inquiry calls come in to
Development Services the boundaries will be explained.
Gary Smith, Legal Counsel for the City of Corpus Christi, corrected for the record that it
is Section 53 -263, not Section 53 -262, that would require an amendment. Mr. Smith also
reiterated that the signs must be placed within two and one -half feet of the back of the curb or two
and one -half feet of the building wall, noting that according to Traffic Engineering, those
requirements will allow for the sixty- inches needed for clearance for accessibility.
Public hearing was opened.
No one was present in favor or opposition.
Public hearing was closed.
Motion was made by Vice - Chairman Garza to approve staff recommendation. Motion
was seconded by Commissioner Martinez and passed unanimously with Commissioner Huerta
being absent
H_ \PLN- lMR \SHARED\Beverlv\2007 CC\May'O7 A -Frame Sign Exemption Minutes.doc
Downtown Sandwich Board Sign Area Boundary Map
RAS, Jr.-
NTV COUR
Legend
Sandwich Board Sign Area Boundary
0 200 400 800
Feet
Source: Department of Development Servrcee
04/26/07 SRR
Page 1 of 4
AN ORDINANCE
MENDING CHAPTER 53 "TRAFFIC," ARTICLE IX "VISION AND
PASSAGE OBSTRUCTIONS," SECTION 53 -263 "OBSTRUCTING
STREET AND SIDEWALK TRAFFIC, AND PUBLIC RIGHT -OF -WAY
GENERALLY," OF THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI AND CHAPTER 59 "ZONING," ARTICLE 33 "SUPPLEMENTAL
SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES," SECTION
33- 1.02.06 "EXEMPT SIGNS" OF THE CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, TO PROVIDE AN EXEMPTION FROM REGULATION
FOR CERTAIN A -FRAME SIGNS IN THE DOWNTOWN AREA;
PROVIDING FOR SEVERANCE; PROVIDING A PENALTY CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY
WHEREAS, the conditions in the downtown area are unique in the City of Corpus
Christi, in that many of the buildings are constructed to the lot line, leaving no setback
from the public right -of -way,
WHEREAS, the conditions in the downtown area make advertising difficult for
proprietors in the downtown area;
WHEREAS, the use of non - illuminated sandwich board signs or A -frame signs at
appropriate locations and under appropriate conditions reasonably accommodates the
needs for proprietors to advertise:
WHEREAS, the use of such signs at appropriate locations and under appropriate
conditions may be exempt from other regulations;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
May 2, 2007, during a meeting of the Planning Commission, and on Tuesday, May 15,
2007 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;
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the proposed text amendment to the City of Corpus
Christi Zoning Ordinance; and
WHEREAS, the City Council has determined that this ordinance 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:
\LEG -DIR\ Shared \GaryS\agencda12007 \5-1 S\Ord- exempt downtown signs emergency.doc
Page 2 of 4
SECTION 1. Chapter 53 "Traffic," Article IX "Vision and Passage Obstructions,"
Section 53 -263 "Obstructing street and sidewalk traffic, and public right -of -way
generally" of the Code of Ordinances is amended to read as follows:
Sec. 53 -263. Obstructing street and sidewalk traffic, and public right -
of -way generally.
(b) There is excepted from this section:
(6) A sign defined by 33- 1.02.06(b) of the Zoning Ordinance.
SECTION 2. Chapter 59 "Zoning," Article 33 "Supplemental Sign Regulations, Permits,
Plats and Filing Fees," Section 33- 1,02.06 "Exempt signs," of the Code of Ordinances is
amended to read as follows:
Sec. 33- 1.02.06. Exempt signs.
fal 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 that 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.
j Non-illuminated sandwich board signs or A -frame signs conditioned as
follows:
(1) Located in the area bounded by Shoreline Drive, Park Street,
Tancahua Street, Highway 181, Mesquite Street, and Fitzgerald
Street.
(2) One sign per building per street front for businesses occupying a
zero -lot line building (multi- tenant buildings are allowed one sign
per street frontage),
(3) Not exceeding four feet tall and two feet wide,
(4) When placed on the public sidewalk within two and one -half feet, at
its most distant point, from the building's wall, leaving a minimum
free and clear passage on the sidewalk of at least sixty inches, or
placed within two and one -half feet, at its most distant point, from
the back of the curb leaving a minimum free and clear passage on
the sidewalk of at least sixty inches,
H \ LEG -DtR\ Shared \GaryS\agenda12007\5- 15\Ord- exempt downtown signs emergency.doc
Page 3of4
(5) Not otherwise creating or causing a visual obstruction as defined by
Article IX, Chapter 53 of the Code of Ordinances, and
(6) Displayed during the business hours of the business utilizing the
sign and must be removed from the sidewalk by 2 a.m. each day
and not be placed on the sidewalk before 6 a.m. each day.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 4. 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 5. 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 6. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 15th day of May, 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett.
City Secretary Mayor, City of Corpus Christi
APPROVED: May 10 2007
•&)
Smith , I
As,;tant City Attorney
For City Attorney
\LEG- DIR \Shared\GaryS\agenda\200 715 -1 5 \Ord- exempt downtown signs emergency.doc
Page 4 of 4
Corpus Christi, Texas
day of 2007
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 Mierez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
\ LEG -DIR\ Shared \GaryS\agenda12007t5- 1510rd- exempt downtown signs emergency.doc
15
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (city Council Action Date: 5/15/07)
CaseNo. 0407 -01, Shaws Development Joint Venture: A change of zoning from a "R-1B" One - family
Dwelling District to a "R-1C" One - family Dwelling District on property described as 13.686 acres out of
Lots 9, 10. and 11, Artemus Roberts Subdivision, located approximately 1,600 feet west of Rand Morgan
Road and 4,000 feet south of Leopard Street
Plans emission & Staff's Recommendation (April 4, 2007): Approval of a "R -1C" One - family
Dwefing District.
Req►sted Council Action: Approval of a "R -1C" One- family Dwelling District.
Sumrv:
• The Request: The applicant is requesting a change of zoning on 13.686 acres from a
'R-1B" One - family Dwelling District to "R -1C" One - family Dwelling District on subject property
located approximately 1 ,600 feet west of Rand Morgan Road and 400 feet west of Gallop Trail. The
applicant is proposing development of 84 single- family lots having a minimum lot size of 4,500
square feet. The proposed development cannot be permitted in the existing "R-1B" District due to a
minimum lot size requirement of 6,000 square feet.
• Development Plans: 1 he subject property is currently being platted as Northwest Crossing Unit 7,
which is west of Northwest Crossing Units 5 and 6. The rezoning of Northwest Crossing Unit 1 to
"R -1C" was approved in 2001. The applicant plans to develop several other units in this subdivision
after developing Unit
• Potent-WI Housing Density: The -R-1B- District permits a density of 7.26 dwelling units per acre
and an "R -1C" District permits a density of 9.68 dwelling units per acre. The proposed
development will result in a density of 6.18 units per acre which is less than the maximum density
permitted in the -R-111- District
• Setbacks: The °°R -1B' District requires a front yard setback of 25 feet with a side and rear yard
setback of five (5) feet each. The -R-1C- District requires a front yard setback of twenty (20) feet
with a side and rear yard setback of five (5) feet each. Approval of the change in zoning will not
aversely impact the area.
Existing Land Use: The subject property consists of 13.686 acres out of Lots 9, 10, and 11,
Artemus Roberts Subdivision, and is currently undeveloped. The subject property abuts vacant
property zoned as "R -1 B" One - family Dwelling District to the north, south, and west. To the east, it
abuts vacant and low - density residential properties zoned as '`R -1C" One - family Dwelling District.
The subject property also abuts a 120 foot -wide drainage ditch on its north and west sides. The
Tuloso- Midway intermediate School is located approximately 300 feet to the east of the subject
property with -R-1B" zoning and is surrounded by single - family residential land uses.
\2enda Memorandum
Case No 0407 -01 (Shaw, Development Jour: Veinurc)
Page 2
• Comprehensive Plan: The requested "R -1C- One - family Dwelling District for the subject property
is an appropriate rezoning and is consistent with the future land use map, which recommends low-
density residential uses.
• Transportation: The subject property is located 1,600 feet west of Rand Morgan Road, a proposed
primary arterial. Once extended, two local access streets, Goodnight Loving Trail and Oregon Trail,
will provide access to Rand Morgan Road for the subject property. The school has access on Oregon
1 rail and Overland 1 rail.
Noti icatigl: Of the one 1) notice mailed to the surrounding property owners, zero (0) were returned in
favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered
noncontroversial.
(11)ML(A 1/1\
Deborah A. Marroquin, P.E.
Interim Director of Development Services
DM/FGM/blp
Attachments:
1) Zoning Report
Planning Commission Minutes (4104/07)
Ordinance
H >PLN- DIR!SHARED'\Beverlv2uo7 CCAprii .:t710407 -01 AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0407 -01
City Council Hearing Date: April 4, 2007
Applicant: Shaws Development Joint Venture
Owner: Same as Applicant
Agent: Urban Engineering
Legal Description/Location: 13.686 acres out of Lots 9. 10, and 11, Artemus Roberts
Subdivision, located approximately 1,600 feet west of Rand Morgan Road and 4,000 feet
south of Leopard Street.
From "R -1B' One- family Dwelling District
4 y To: -R-1C- One- family Dwelling District
.o cr Area: 13.686 acres
N x Purpose of Request: To reduce the minimum lot size for a residential subdivision of 84 single -
family lots.
Area Development Plan: Northwest ADP: The Future Land Use Map supports low - density
residential development.
Map No.: 059046
Zoning Violations: None
Zonin _
Existing Land Use
Future Land Use
Low - density Residential
Site
"R -1 B" One - family Dwelling
District
Vacant
North
"R -1 B" One - family Dwelling
District
Vacant
Low - density Residential
South
R -1 B" One - family Dwelling
District
Vacant
Low- density Residential
East
-R-1C" One - family Dwelling
District
Vacant followed by low-
density residential
Vacant, 120' Wide
Drainage Ditch
Low - density Residential
Low - density Residential,
Drainage Corridor
West
"R-1B" One - famil■ Dwelling
District
Area Development Plan: Northwest ADP: The Future Land Use Map supports low - density
residential development.
Map No.: 059046
Zoning Violations: None
toning Report
ti'aseNo. (407 -01 (Shaws Developmen* Joint Venture)
Pace
9
A
x
A
• The Request: The applicant is requesting a change of zoning on 13.686 acres from "R-1B"
One- famil< Dwelling District to "R -1C" One - family Dwelling District on subject property
located approximately 1,600 feet west of Rand Morgan Road and 400 feet west of Gallop
Frail. The applicant is proposing development of 84 single- family lots having a minimum
lot size of 4,500 square feet. The proposed development could not be permitted in the
existing '-k -1 B" District due to a minimum lot size requirement of 6,000 square feet.
• Development Plans: The subject property is currently being platted as Northwest Crossing
t. nit 7. which is west of Northwest Crossing Units 5 and 6. The rezoning of Northwest
C rossing 1 nit 1 to ` R 1 C ' was approved in 2001. The applicant plans to develop several
other units in this subdivision after developing Unit 7.
• Potential Housing Density: The -R-1B" District permits a density of 7.26 dwelling units
per acre or 99 units on the subject property. An "R -1C" District permits a density of 9.68
dwelling units per acre or 133 units on the subject property. The proposed development
will contain 84 units. which is less than the density permitted in the "R -1B" District.
Therefore. the applicants development plans will still meet the density requirement of the
existing zoning even though the minimum lot widths will be reduced.
• Setbacks: The °`R- 13" District requires a front yard setback of 25 feet with a side and rear
yard setback of five (5) feet each. The "R -1C" District requires a front yard setback of
twenty (20) feet with a side and rear yard setback of five (5) feet each. Approval of the
change in zoning w?11 not adversely impact the area.
• Existing Land Use The subject property consists of 13.686 acres out of Lots 9, 10, and
11 Artemus Roberts Subdivision, and is currently undeveloped. The subject property abuts
vacant property zoned as -R-1B" One - family Dwelling District to the north, south, and
west. To the east, it abuts vacant and low- density residential properties zoned as "R -1C"
One- family Dwelling District. The subject property also abuts a 120 foot -wide drainage
ditch on its north and west sides. The Tuloso - Midway Intermediate School is located
approximately 300 feet to the east of the subject property with "R-1B" zoning and is
surrounded by single- family residential land uses.
• Comprehensive Plan: The requested "R-1C" One - family Dwelling District for the subject
property is an appropriate rezoning and is consistent with the future land use map, which
recommends low - density residential uses.
• Transportation: The subject property is located 1,600 feet west of Rand Morgan Road, a
proposed primary arterial. Once extended, two local access streets, Goodnight Loving Trail
and Oregon Trail, w ill provide access to Rand Morgan Road for the subject property. The
school has access on Oregon Trail and Overland Trail.
C
fa
Street
Rand Morgan Road
Goodnight Loving Trail
Oregon Trail
Type
Paved Section
Proposed Primary
Arterial
Local Access Street
130' ROW, 79' BB
N/A
Volume (2001)
2,490 ADT
Not Available
Local Access Street N/A
Not Available
Zoning Report
Case !4o. 0407 -01 (Shaws Development Joint Venture)
Page
The subject property is currently being platted as Northwest Crossing Unit 7.
G
Staff recommends approval of the 'R -1 C "One- family Dwelling District. The proposed uses and
et E rezoning are an appropriate extension of the "R-1C" zoned property along Rand Morgan Road.
wal
tor PA
.A
a
LY
Approval of the "R-1C-One-family Dwelling District.
E
U
Approval of the "R -1C "One - family Dwelling District.
Number of Notices Mailed - 1
Favor - 0
Opposition 0
(As of May 2, 2007)
Attachments: Zoning Map
R \PLN- Dft'SHARED'•Beverlr 2007 P( 2ONRPTS' April \Ct. Reports \04(`7 -01 Shaws Report.doc
-1B
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Farm Rural District
Residlsntial Estate District
One family Dwelling District
One Ramify Dwelling District
One Family Dwelling District
One Family Dwelling District
Apartment House District
Apartment House District
Apartment Mouse District
Apartment- Tourist District
Professions, Office District
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Case 0407 -01
1 NOTICE MAP
Townhouse Dwelling District
Multiple Dwelling District
Travel Trailer Park District
Manufactured Home Park District
Manufactured Home Subdivision District
Historical - Cultural Landmark Preservation
Light Industrial District
Heavy Industrial District
Special Permit
Planned Ur•it 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
8 -4 General Business District
B -5 Primary Business District
8 -6 Primary Business Core District
I -1 Limited Industrial District
NORTH
0 400 800
Feet
HK/ 1 9MARO7
I.
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — April 4, 2007
5:30 P.M.
COMMISSIONERS PRESENT:
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
Fred Braselton
Atilano J. Huerta
I' von J. Kelly
Johnny R. Martinez
Michael Puslev
James Skrobarczvk
John C. Tamez
STAFF:
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Juan Perales, Jr., PE, Interim Assistant Director
of Development Services/ Special Services
Miguel S. Saldafia, AICP, Senior City Planner
Mic Raasch, City Planner
Dan McGinn, Project Manager
Stephanie Voss, Project Manager
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Gail Perry, Recording Secretary
CALL TO ORDER — 5:30 p.m.
A quorum was declared and the meeting was called to order at 5:30 p.m.
ZONING
1. New Zoning
a t'ase No. 0407 -01
shims Development Joint Venture: A change of zoning from a "R -1B"
One- family Dwelling District to a "R -1C" One - family Dwelling District
3.686 acres out of Lots 9, 10. and 11, Artemus Roberts Subdivision,
located approximately 1,600 feet west of Rand Morgan Road and 4,000
teet south of Leopard Street.
Mic Raasch presented the above case requesting a "R -1C" One - family Dwelling District
to reduce the minimum lot size from 6,000 square feet to 4,500 square feet. The subject property
is currently vacant with the majority of the surrounding land use being vacant and zoned low -
density residential. There was one notice mailed with zero returned in favor or opposition. Staff
recommends approval of the -R-1( "' One - family Dwelling District.
In answer to Commissioner Pusley, Faryce Goode -Macon stated any drainage issues will
be addressed during the Storm Water :Management plan review and construction of new units.
Murf Hudson of Urban Engineering stated that the ditch has been cleaned out recently and should
take care of the problem
Public hearing was opened.
No one was present in favor or opposition.
Public hearing was closed
Motion for approval for "R -1C" One - family Dwelling District was made by
(.'ommissioner Braselton and seconded by Commissioner Kelly. Motion passed unanimously.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY SHAWS DEVELOPMENT JOINT VENTURE, BY CHANGING THE
ZONING MAP IN REFERENCE TO 13.686 ACRES OUT OF LOTS 9, 10,
AND 11, ARTEMUS ROBERTS SUBDIVISION, FROM "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; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
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 Shaws Development Joint Venture, for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
April 4. 2007, during a meeting of the Planning Commission, and on Tuesday, May 15,
2007, 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 13.686 acres out of Lots 9, 10, and 11, Artemus
Roberts Subdivision, located approximately 1,600 feet west of Rand Morgan Road and
4,000 feet south of Leopard Street from "R -1 B" One - family Dwelling District to "R -1 C"
One -family Dwelling District. (Zoning Map 059046) (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
ordnance.
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.
` LAG- D !R \SharedlGaryS \agenda1200715 -' 510rd- zoning0407 -C1 Shaws reg.doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 6. 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. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 15th day of May, 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED: May 9, 2007
ry . mith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
H: \LEG -OIR \Shared \GaryS \agenda\200715 -15 \Ord- zoning0407 -01 Shaws reg.doc
Page 3 of 3
Corpus Christi, Texas
day of . 2007
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 -DIR \Shared \GaryS\agenda\200715 -15 \Ord- zoning0407 -01 Shaws reg.doc
\ 25' Wide Pipeline Easement
Fd. 5/8' 1.8. with red
plastic cap stamped
"Urban Fngr C, C TX"
Ns, To Delhi Pipeline Company
(Vol. 1965, Pg. 307, D.R.N.C.T.)
S89'12 33'W \ \ ,
280.00' SS9e 1 Z 'IN 260.00'
16
AGENDA MEMORANDUM
PUBLIC FEARING — ZONING (City Council Action Date: 5/15/07)
CastNo. 007 -02, The EcaHaw Family Trust: A change of zoning from a "R -1B" One - family Dwelling
District to a "13-1" Neighborhood Business District on property described as Mesa Addition, Block 1, Lots
9 and 20. located at the northwest intersection of Violet Road and Blades Street.
Plowing Omission & Stuff's Recommendation (April 4, 2007): Approval of a "B -1" Neighborhood
Business District.
Requested Council Action: Approval of a `B -I " Neighborhood Business District.
Summary:
• The Request: The applicant is requesting a change of zoning from "R -1B" One - family Dwelling
District to "B-1" Neighborhood Business District for 0.29 acres on Mesa Addition, Block 1, Lots 19
and 20 in order to develop a commercial strip center. The subject property is located at the
northwest intersection of Violet Road and Blades Street. The applicant also owns Lot 21, which is
contiguous with the subject property (Lots 19 and 20) and has street frontage on Violet Road and
Blades Street The applicant plans to develop Lots 19. 20, and 21 as one commercial site.
• Development Plans: The subject property (Lots 19 and 20) consists of 0.29 acres where a house is
currently located. The applicant owns the 1,800 square foot office building that exists on Lot 21,
which abuts Lot 20 on its northern property line. The applicant purchased Lots 19 and 20 with the
intent of demolishing the house that is in place within 36 months. When the house is demolished,
the applicant plans to add a 2,250 square foot addition to the existing 1,800 square foot office
building on Lot 21, creating a 4.1150 square foot strip center on the combined three lots.
Existing Land Use: The subject property is zoned -R-1B" One - family Dwelling District and has a
current land use of low - density residential with an existing house on the subject property. The
adjacent property, to the north is used for mobile homes and is zoned "R -1B" One - family Dwelling
District. The property to the south is zoned "B -1" Neighborhood Business District and has
commercial uses with an office building on Lot 21. A single - family lot abuts Lots 19, 20, and 21 to
the west and is zoned "R-1B' One- family Dwelling District. Across Violet Road to the east,
properties are also zoned -R-1B" One - family Dwelling District with low - density residential and
mobile home uses.
• Comprehensive Plan: The requested '`B -1" Neighborhood Business District would require a
modification to the future land use map which recommends low - density residential uses. The future
land use plan recommends commercial uses for Lot 21, therefore, expansion of neighborhood
commercial uses on the adjacent two lots is a logical expansion of an existing commercial use and a
minor change to the plan.
• Transportation: The subject property is located on the west side of Violet Road, a designated
secondary arterial in the Urban Transportation Plan, and north of Blades Street, a designated local
access street. The subject property (Lots 19 and 20) fronts Violet Road. Because Lot 21 is a corner
lot with street frontage on both Blades Street and Violet Road, the development of Lots 19, 20, and
21 as a commercial strip center will also have street frontage on both Blades Street and Violet Road.
•■genda Memorandum
t_ ase No 0407 -02 i The Ecatlaw ` amil■ Far.' r
Page 2
Notincatina: Of the sixteen (16) notices mailed to the surrounding property owners, one (1) was returned
m favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is
considered non - controversial.
13,be-r6t1\,
1
Deborah A. Marroquin, P.E.
Interim Director of Development Services
DM/FGMlblp
Attachments:
Zoning Report
,) Planning Commission Minutes (4iO4/07)
>} t)rdinance
H ,PLN- DIR\SHARED\Beverly120P7 CCApril '0710407- 02AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0407 -02
City Council Hearing Date: April 4, 2007
Applicant: The Ecallaw Family Trust
Owner: Same as Applicant
Amt: David Wallace, Trustee
Legal Description/Location: Mesa Addition, Block 1, Lots 19 and 20, located at the northwest
intersection of Violet Road and Blades Street.
From: "R -1B" One - family Dwelling District
To: -B-1" Neighborhood Business District
Area: 0.29 acres (12,600 square feet)
Purpose of Request: To allow for development of a commercial strip center.
Area Development Plan: Northwest ADP; J'he Future Land Use Map supports low - density
residential uses. A modification to a B -1 District is acceptable along Violet Road, an arterial.
Map No.: 062049
Zoning Violations None
r Zoning
Existing Land Use
Future Land Use
Site
"R-1B" One - family Dwelling
District
Low - density Residential
Low- density Residential
?Forth
"R -1B" One - family Dwelling
District
Mobile Home
Mobile Home
South
"B -V' Neighborhood
Business District
Commercial
Commercial
East
"RIB" One - family Dwelling
District
Low- density Residential
Mobile Home
West
"R -1B" One - family Dwelling
District
Low- density Residential
Low - density Residential
Area Development Plan: Northwest ADP; J'he Future Land Use Map supports low - density
residential uses. A modification to a B -1 District is acceptable along Violet Road, an arterial.
Map No.: 062049
Zoning Violations None
_Zoning Report
ase No 0407 -02 (The Ecallaw Family ('rust)
Page 2
• The Request: The applicant is requesting a change of zoning from "R-1B" One - family
Dwelling District tc B -1 Neighborhood Business District for 0.29 acres on Mesa
Addition. Block 1, i_.ots 19 and 20 in order to develop a commercial strip center. The
subject property is located at the northwest intersection of Violet Road and Blades Street.
The applicant also i 'wns Lot 21. which is contiguous with the subject property (Lots 19 and
20 i and has street frontage on Violet Road and Blades Street. The applicant plans to
develop 1 ots 19. 20, and 21 as one commercial site
• Development Plans: The subject property (Lots 19 and 20) consists of 0.29 acres where a
house is currently located. The applicant owns the 1,800 square foot office building that
exists on I.ot 21, which abuts Lot 20 on its northern property line. The applicant purchased
Lots 19 and 20 with the intent of demolishing the house that is in place within 36 months.
When the house is demolished, the applicant plans to add a 2,250 square foot addition to the
existing 1,.800 square foot office building on Lot 21, creating a 4,050 square foot strip
center on the combined three lots.
• Existing Land Use, The subject property is zoned "R-1B" One - family Dwelling District
and has a current land use of low- density residential with an existing house on the subject
property the adjacent property to the north is used for mobile homes and is zoned "R -1B"
One - family- Dwelling District. The property to the south is zoned `B -1" Neighborhood
Business District and has commercial uses with an office building on Lot 21. A single -
family lot abuts Lots 19, 20, and 21 to the west and is zoned "R -1B" One - family Dwelling
District. Across Violet Road to the east, properties are also zoned "R -1B" One - family
Dwelling District with low- density residential and mobile home uses.
• Comprehensive Plan: I'he requested "B -1" Neighborhood Business District would require
a modification to the future land use map which recommends low - density residential uses.
The future land use plan recommends commercial uses for Lot 21, therefore, expansion of
neighborhood commercial uses on the adjacent two lots is a logical expansion of an existing
commercial use and a minor change to the plan
• Transportation: The subject property is located on the west side of Violet Road, a
designated secondary arterial in the Urban Transportation Plan, and north of Blades Street, a
designated local access street. The subject property (Lots 19 and 20) fronts Violet Road.
Because I of 21 is a corner lot with street frontage Blades Street and Violet Road, the
development of Lots 19. 20, and 21 as a commercial strip center will have street frontage on
Blades Street and \ iolet Road.
Street Type Paved Section
C ' Violet Road +Secondary Arterial - 10- 0' ROW, 54' BB
Blades Street Local Access Street Not Available
Volume (2001)
8,590 ADT
Not Available
The subject property is platted.
Zoning Report
Case No. 0407 -02 (The Ecallaw Family Tust)
Page
Staff recommends approval of the "B -1 " Neighborhood Business District. The proposed uses and
rezoning are an appropriate extension of the "B-1- zoned property (Lot 21) located at the
intersection of Violet Road and Blades Street.
Approval of the "B -1" Neighborhood Business District.
Comments
.iy
44
Approval of the 'B -1" Neighborhood Business District..
Number of Notices Mailed 16
Favor
Opposition 0
(As of Mai 2.200')
Attachrnents:
Zoning Map
Surrey Plat
HAP JR \SHARED \Bevertv.2007 Pe `ZONRPTS April\ l Reports10407 -02 Ecallaw Family Report.doc
INDE�'END
tf7.,
0407 -02
NOTICE MAP
- -R Farm Rural District
RE Assidential Estate District
12A One Family Dwelling District
47-14 One Family Dwelling District
R15 One Family Dwelling District
3 -1C One Family Dwelling District
A -1 Apartment House District
4- to Apartment Mouse District
A-2 Apartment House Oistrct
A' Apartment-Tourist District
48 Professional Office District
R
R- S'
T.,
i <C
H Townhouse Dwelling District
Multiple Dwelling District
A Travel Trader Park District
B Manufactured Home Park District
C Manufactured Home Subdivision District
Historical -:a jItural Landmark Preservation
Light Industrial District
Heavy Industrial District
5F Special Permit
P4D Planned L='s4 Development
B -1 Neighborhood Business District
8 -1A Neighborhood Business District
B -2A Barrier Island Business District
8-2 Bayfront Business District
50 Corpus Christi Beach Design Dist.
5 -3 Business District
8 -4 General Business District
5 -5 Primary Business District
5-6 Primary Business Core District
I -1 Limited Industrial District
0 75 150 300
Feet
O3 /2O /O7 5RR
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — April 4, 2007
5:30 P.M.
COMMISSIONERS PRESENT:
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
Fred Braselton
Atilano J. Huerta
Evon J. Kelly
Johnny R. Martinez
Michael Pusley
James Skrobarczyk
John C. Tame/
STAFF:
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Juan Perales, Jr., PE, Interim Assistant Director
of Development Services/ Special Services
Miguel S. Saldafia, AICP, Senior City Planner
Mic Raasch, City Planner
Dan McGinn, Project Manager
Stephanie Voss, Project Manager
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Gail Perry, Recording Secretary
CALL TO ORDER — 5:30 p.m.
A quorum was declared and the meeting was called to order at 5:30 p.m.
ZONING
1. New Zoning
h C.'ase No. )407 -02
1'he Ecallaw Family Trust: A change of zoning from "R -1B" One -
tamily Dwelling District to a "B -1" Neighborhood Business District
Mesa Addition. Block 1, Lots 19 and 20 located at the northwest
intersection of Violet Road and Blades Street.
Mic Raasch presented the above case requesting a change in zoning from "R -1B" One -
family Dwelling District to a -B-1- Neighborhood Business District to allow for development of a
commercial strip center The subject property of two lots and the adjacent property are owned by
the applicant with the hopes of demolishing the existing single family residence for development of
a 4,050 square foot commercial ;trip center. The surrounding land use consists of low density
residential, neighborhood business and a mobile home park. There were sixteen notices mailed
with zero returned in faN or or opposition. Staff recommends approval of the "B -1" Neighborhood
Business District
Public hearing was opened
No one was present in favor or opposition
Public hearing was closed
Motion for approval for "B -1 Neighborhood Business District was made by Vice -
Chairman Garza and seconded by Commissioner Skrobarczyk. Motion passed unanimously.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY THE ECALLAW FAMILY TRUST, BY CHANGING THE ZONING
MAP IN REFERENCE TO MESA ADDITION, BLOCK 1, LOTS 19 AND
20, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "8-1"
NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY; 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 The Ecallaw Family Trust, 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,
April 4 2007. during a meeting of the Planning Commission, and on Tuesday, May 15,
2007. 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 Mesa Addition, Block 1, Lots 19 and 20, located at
the northwest intersection of Violet Road and Blades Street from "R -1 B" One - family
Dwelling District to "B -1" Neighborhood Business District. (Zoning Map 062049)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:1LEG -DIR\ Shared \GaryS \agenda1200715 -15 \Ord- zoning0407 -02 Ecallaw reg.doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. 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. 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.
SEC RON 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 15th day of May, 2007
ATTEST:
Armando Chapa
City Secretary
APPROVED: May 9, 2007
Hits
ary V. Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett.
Mayor, City of Corpus Christi
H \ LEG -D1R\ Shared\ GaryS\ agenda12007 \5- 151Ord- zoning0407 -02 Ecallaw reg.doc
Page 3 of 3
Corpus Christi, Texas
day of . 2007
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
votng 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
VlAlliam Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mork Scott
HttEG -DIR \Shared \GaryS \agenda1200715 -15 \Ord- zoning0407 -02 Ecallaw reg.doc
fig] 17
. R
c.) 44 ' Ictv " LJ 111 ce71
41-1
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NOTE
THE anaNsagNs SHOWN Alf FOR THE USE OF THE BUYER. TITLE COMPANY
AND bietrrome COMPANY* CONNECTION WITH THIS TRANSACTION ONLY
SUYEFI. E.--frILL`ktj fleiLY Tita5T
TTTLE CO. /47.0 IT LIR ay GF I
WE HAVE CONSULTED THE
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SMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP COMMUNITY NUMBER
ATE /ij ANO FOUND THAT THE PROPERTY IN ZONE rHE ZONE
SAID SURVEY ON NSURANCE RATE MOP.
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CORPUS CHRISTI
MEMO COUNTY TEXAS
MAP RECORDS SINN S. STAPLES SUITE 342
CORPUS CHRISTI. TEXAS 11413
VOL. DATVA/071.95,3„PH: 361-961-001111, PAX 3131-091-9034
I. THE UNDERSIGNED, IN MY PROFESSIONAL OPINION. HEREBY STATES THAT
THIS SURVEY PLAT HEREON IS TRUE NC CORRECT AND WAS PREPARED FROM
AN ACTUAL ON THE GROUND SURVEY UNDER MY DIRECTION ALL MONUMENTS
WERE FOUND OR SET AS REFLECTED 014 THE SURVEY PLAT: THAT THERE ARE
NO ENCROACHMENTS AND BOUNDARY CONFUCTS EXCEPT AS SIOWN ON THE
SURVEY PLAT
C2?./LCZA.4
RE TION 4405
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urveying, Inc. ...
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SHEET 1 OF 1
SCALE: r 50.
DATE 7/ 1/ 2001
D. BY 0544
CHK. BY J.P.
Cc/D7
17
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: 5/15/07)
Case lo. 0407 -03, Rupert H. Kronke: A change of zoning from a "R -1B" One - family Dwelling District
to a 13 -1A" Neighborhood Business District on property described as 3.6 acres out of Tract 7, Abstract
850, Survey 422, located on the east •Ode of Carbon Plant Road, between Interstate Highway No. 37 and
p River Road
Plani,inz Commission & Staff's Recommendation (April 4, 2007): Approval of a "B -IA" Neighborhood
Business District.
Reg-tested Council Action: Approval of a "B -]A" Neighborhood Business District.
Sumniarv:
• The Request: The applicant is requesting a change of zoning for a 3.6 acre tract from a
-R-1B” One- Family Dwelling District to a `B -1A" Neighborhood Business District.
• The applicant is undetermined on the future use of the property.
• The two tracts to the east of the subject property have recently been rezoned to the "B -IA" District in
November of 2005 and August of 2006
• Existing Land Use: The subject property is currently vacant and has street frontage along Up River
Road. Carbon Plant Road, and Interstate 37. The tracts to the east are planned for professional office
uses. Residential land uses are located to the south of the property across Up River Road.
• Zoning: The -B-1A- District provides primarily for retail shopping, personal service and office uses
to serve the needs of a residential neighborhood. This district is intended for use where conversion of
residential uses to non - residential uses is occurring on arterial and collector streets.
• The "B -1A" District regulations require the following:
• Zero side and rear yard setbacks unless adjacent to single family district, than a 10' side and 15'
rear yard setback is required.
• Canopy trees required in the rear setback of the property adjacent to single - family residential.
• Screening fence is required.
• Delivery and loading areas shall not be located within fifty (50) feet of the property line abutting
residential district.
• Limited hours for loading and unloading of supplies or merchandise (6:30 a.m. to 10:00 p.m.)
• Exterior lighting shall be directed and shielded away from adjacent residences and public rights-
of-way.
Agenda Memorandum:
Case No 1407 -03 (Rupert H. Kronke
Page 2
• Transportation: The subject property is located on Up River Road, which is designated as a
primary collector roadway in the Urban Transportation Plan. The Plan states the purpose of a
primary collector is to provide access to commercial developments and/or several neighborhoods and
ma` intersect with one or two arterial streets. Primary collector streets serve medium to high density
housing, high schools. public facilities, and business uses. Access to the property could be from Up
River Road or Carbon Plant Road. as there are no frontage roads along this portion of Interstate
Highway 37.
Notification: Of the nine (9) notices mailed to the surrounding property owners, two (2) were returned in
favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is considered
non - controversial.
Deborah A. Marroquin, P.E.
Interim Director of Development Servib�s
DM /FGM /blp
Attachments:
Zoning Report
'1 Planning Commission Minutes (4 %04/07)
Ordinance
11 PLN -D[R SHARED \Beverly200 - CCApril '0 7 040' O3AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No. 0407 -03
City Council Hearing Date: April 4, 2007
Applicant: Rupert H. Kronke
cc 7 Owner: Same as Applicant
�° Agent: Same as Applicant
Z. ", Legal Description /Location: 3.6 acres out of Tract 7, Abstract 850, Survey 422, located on the
.et east side of Carbon Plant Road, between Interstate Highway No. 37 and Up River Road.
From: "R -1B" One - family Dwelling District
To: "B-1A- Neighborhood Business District
Area: 3.6 acres
Purpose of Request: To allow for commercial development.
cZoning
—, Site -R-1B" One - Family
a Dwelling District
ca r North Interstate Highway 37
c c r South r "R-1B" One Family
c - Dwelling District
N East "B -I A" Neighborhood
a Business District
West ' "R -1B" One Family
w Dwelling District
Existing Land Use
Future Land Use
Vacant
Commercial
Highway
Highway /Commercial
Single- family residential
Low density residential
Vacant
Commercial
Vacant
Commercial
Area Development Plan Northwest -- The future land use map recommends commercial uses
for the subject property .
Map No.: 062049
Zoning Violations None
'oning Keport
ase No 0407 -03 (Ruperr H Kronke )
'age 2
Stairs Summary
• The Request: The applicant is requesting a change of zoning for a 3.6 acre tract from
-12-1 13" One - Family Dwelling District to "B -IA" Neighborhood Business District.
• The applicant is undetermined on the future use of the property.
• The two tracts to the east of the subject property have recently been rezoned to the "B -IA"
district in November :if 2005 and August of 2006.
• Existing Land Use: The subject property is currently vacant and has street frontage along
Up River Road. Carbon Plant Road, and Interstate 37. The tracts to the east are planned for
professional office uses. Residential land uses are located to the south of the property across
Up River Road
• Zoning: The "B-1A District provides primarily for retail shopping, personal service and
office uses to serve the needs of a residential neighborhood. This district is intended for use
where conversion of residential uses to non - residential uses is occurring on arterial and
collector streets.
• The "B -1 A District regulations require the following:
• Zero side and rear yard setbacks unless adjacent to single family district, than a 10' side
and 15' -ear yard setback is required.
• Canopy trees required in the rear setback of the property adjacent to single - family
residential.
• Screening fence is required.
• Delivery and loading areas shall not be located within fifty (50) feet of the property line
abutting residential district.
• 1.imited hours for loading and unloading of supplies or merchandise (6:30 a.m. to 10:00
p.m.
• Exterior lighting shall be directed and shielded away from adjacent residences and public
rights -of -way
• Transportation: The subject property is located on Up River Road, which is designated as a
primary collector roadway in the Urban Transportation Plan. The Plan states the purpose of a
primary collector is to provide access to commercial developments and/or several
neighborhoods and may intersect with one or two arterial streets. Primary collector streets
serve medium to high density housing, high schools, public facilities, and business uses.
Access to the propert) could be from Up River Road or Carbon Plant Road, as there are no
frontage roads along this portion of Interstate Highway 37.
Street R.O. W
Street
Up River Road
Type
Primary Collect
Interstate Highway 37 l: reewav
Carbon Plant Road { ocal
Paved Section
Volume (2001)
or
75' R.O.W., 50' back to back
paved section
1,360 A.D.T.
400' R.O.W. (paved section
varies)
65,200 A.D.T.
125'
paved section
NA
Zoning Report
Case No. 0407 -03 (Rupert H Kronkel
Page
The subject property is not platted • Platting is required prior to development of the property.
Department t:omments
In July 1995, a change of zoning to a "B -4" General Business District on the property to the east
was denied by the Planning commission for the development of apartments, a convenience store,
and mini- storage uses. Upon action of the Planning Commission, the applicant (First Family
Church of Corpus Christi) withdrew the case. The case received 27% opposition at the Planning
Commission level
In November 2005 a change of zoning to an "I -2" Light Industrial District was requested on the
adjacent property to the east for the development of a vehicle auction site. The case received 20%
opposition at the Planning Commission level. The Planning Commission denied the "I -2"
request and recommended approval of a "B- I A" Neighborhood Business District. City Council
also denied the `I request and approved a "B -1 A" Neighborhood Business District.
Approval of the "B -1A" Neighborhood Business District.
Approval of the "B -IA" Neighborhood Business District.
E
E
U
Number of Notices Mailed:
Favor: 2
Opposition.
I (As of May 2, 2007 ,
Attachment Zoning Map
H:\PLN -DIR \SHARED \Beverly2007 PC'•ZONRPTS' April \CC Reports \0407 -03 Kronke Zoning Report.doc
•
F -R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R -1A One Family Dwelling District
R -15 One Family Dwelling District
R -1C One Family Dwelling District
A -1 Apartment House District
A -1A Apartment House District
A -2 Apartment House District
AT ApartnNnt- Tourist District
AB Professional Office District
Case 0407 -03
NOTICE MAP
R-TH rownhouse Dwelling District
R -2 Multiple Dwelling District
T-1A "ravel Traile- Park District
T -1B Manufactured Home Park District
T -1C Manufactured Home Subdivision District
HC Historical- Cultural Landmark Preservation
I -2 light Industrial District
1 -3 Heavy Industrial District
SP Special Permit
PUD Manned Jnit Development
8 -1 Neighborhood Business District
8 -1A Neighborhood Business District
8 -2A Barrier Island Business District
5-2 Bayfront Business District
BD Corpus Christi Beach Design Dist.
B -3 Business District
B -4 General Business District
8 -5 Primary Business District
8 -6 Primary Business Core District
I -1 Limited Industrial District
NORTH
0 200 400
Feet
HK/ 19MARO7
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - April 4, 2007
5:30 P.M.
COMMISSIONERS PRESENT:
R. Bryan Stone, Chairman
Rudy Garza. Vice Chairman
Fred Braselton
Atilano J. Huerta
Evon J. Kell}
Johnny R. Martinez
Michael Pusle.
James Skrobarczvk
John C. Tamez
STAFF:
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Juan Perales, Jr., PE, Interim Assistant Director
of Development Services/ Special Services
Miguel S. Saldana, AICP, Senior City Planner
Mic Raasch, City Planner
Dan McGinn. Project Manager
Stephanie Voss, Project Manager
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Gail Perry. Recording Secretary
CALL TO ORDER - 5:30 p.m,
A quorum was declared and the meeting was called to order at 5:30 p.m.
ZONING
1. New Zoning
:ase No )407-03
Rupert H Kronke: A change of zoning from "R-1B" One - family
Dwelling District to a "B-1A- Neighborhood Business District
6 acres out of Tract 7. Abstract 850, Survey 422, located on the east
side of Carbon Plant Road, between Interstate Highway No. 37 and Up
River Road.
Dan McGinn presented the above case requesting a "B -IA" Neighborhood Business
District to allow for commercial development. The subject property is currently vacant with low
densit} residential located to the south and west of the subject property, Interstate Highway 37 to
the north and commercial tracts proposed to the east. The type of commercial use is undetermined
at this time. There were zoning requests made for the property to the east which was ultimately
rezoned to a "B -1A" after receiving a denial on an "I -2" Light Industrial District. Staff
recommends approval of the "B- l A" Neighborhood Business District.
Public hearing was opened
No one was present in fav: or or opposition
Public hearing was closed
Motion for approval for "13-1A- Neighborhood Business District was made by
Commissioner Pusley and seconded by Commissioner Braselton. Motion passed unanimously.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY RUPERT H. KRONKE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 3.6 ACRES OUT OF TRACT 7, ABSTRACT 850,
SURVEY 422, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO
"B -1A" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY; 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 Rupert H. Kronke, 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,
April 4, 2007, during a meeting of the Planning Commission, and on Tuesday, May 15,
2007, 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
VVHEREAS, 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.
NQW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CARPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 3.6 acres out of Tract 7, Abstract 850, Survey 422,
located on the east side of Carbon Plant Road, between Interstate Highway No. 37 and
Up River Road from 'R -1 B" One - family Dwelling District to "B -1A" Neighborhood
Business District. (Zoning Map 062049) (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.
H:\ LEG-0 IRtShared\GarySlagenda\2007 \5 -15 \Ord- zoning0407 -03 Rupert H. Kronke reg.doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. 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. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 15th day of May. 2007.
ATTEST. CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett.
City Secretary Mayor, City of Corpus Christi
APPROVE`: May 9, 2007
Assistant City Attorney
For City Attorney
H tLEGDIR\Shared\GaryS\ agenda \2007 \5- 15Ord- zoning0407 -03 Rupert H. Kronke reg.doc
Page 3 of 3
Corpus Christi, Texas
day of . 2007
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
vothg 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
Wiam Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H \ LEG- DIR1Shared \GaryS\ agenda 12007 \5- 1510rd- zoning0407 -03 Rupert H. Kronke reg.doc
F -R
RE
RA
R -1A
R -18
R -1C
A -1
A -1A
A -2
AT
AB
Farm Rural District
Residential Estate District
Onefamily Dwelling District
One Family Dwelling °strict
One family Dwelling District
One.Family Dwelling District
Apartment House District
Apartment House District
Apartment House District
Apartment Tourist District
professional Office District
Case 0407 -03
NOTICE MAP
12.-h Townhouse Dwelling District
R-2 Multiple Dwelling District
T- 1A Travel Trailer Park District
T -1B Manufactured Home Park District
T -1C Manufactured Home Subdivision District
HC Historical-C•lturai i andmark Preservation
2
1- 3
SP
PUT
light industrial D .sir,ct
Heavy Industrial District
Special Permit
Planned Unit Deveiopment
0-1 Neighborhood Business District
8 -1A Neighborhood Business District
B -2A Barrier Island Business District
B -2 Bayfront Business District
80 Corpus Christi Beach Design Dist.
8-3 Business District
B -4 General Business District
13-5 Primary Business District
8 -6 Primary Business Core District
1 -1 limited Industrial District
NORTH
0 200 400
Feet
HK/ 19MARO7
t
9
F
k
e
I
18
AGENDA MEMORANDUM
PUBLIC DARING — ZONING (City Council Action Date: 5/15/07)
CaseeNo. 0407 -04, A -Z Cat*lien, LLC: A change of zoning from a "B -1" Neighborhood Business
District to a `B -4" General Business District on property described as Yarbrough Addition, Lot 6, 7, and 8
located on the west side of kirline Road, and approximately 700 feet south of Holly Road.
Plan> ng Cgiamission & Staff Recommendation (April 4, 2007): Denial of the "B -4" General Business
District and in lieu thereof. approval of a Special Permit subject to a site plan and the following three (3)
conditions
USE: The only use authorized by this Special Permit other than the basic
`B -1" Neighborhood Business District on the subject property is an enclosed auto parts and sales
building, up to 7,500 square feet in area, with no service bays.
2. CROSS ACCESS: Provide for cross access along the north and south property lines of the subject
property. Such access point shall remain open and unobstructed without a raised curb.
3. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the
date of this ordinance unless the property is being used as outlined in Condition #1 and in
compliance with all other conditions.
Requueted Council Action: Denial of the "B -4" General Business District and in lieu thereof, approval of
a Special Permit subject to a site plan and the following three (3) conditions:
t;SE: The only use authorized by this Special Permit other than the basic
"B -1" Neighborhood Business District on the subject property is an enclosed auto parts and sales
building, up to 7.500 square feet in area, with no service bays.
'. CROSS ACCESS: Provide for cross access along the north and south property lines of the subject
property. Such access point shall remain open and unobstructed without a raised curb.
I. TIME LIMIT' Special Permit shall be deemed to have expired within one (1) year from
the date of this ordinance unless the property is being used as outlined in Condition #1 and in
compliance with all other conditions.
Summary:
• Request: The applicant requests a change of zoning from `B -1" Neighborhood Business District to
a "B -4" General Business District to allow for an auto parts store. This building size would exceed
the matter of right allowable building square footage for such use permitted under the zoning
district
• Existing Land Use: The subject property is vacant and consists of .79 acres and is located on the
west side of Airline Road, approximately 700 feet south of Holly Road. An apartment complex
boarders the property to the west with a vacant field across the street to the east. A residential home
to the north of the subject propert. has recently been converted into a real estate office.
• The "B -4" General Business District allows for larger and higher intensity commercial uses which
will usually need lot depths of 200 -300 feet or more. The subject property with 135 feet of lot depth
is not consistent with the lot depth found on most `13-4" zoning areas and allows very little space for
buffering between non - residential and residential uses.
- 'vgenda Memorandum
aseNo 0407 -04 {A -Z alallen LLB
Page 2
t tilities: The proposed development will have water and wastewater connections.
* Transportation: The only access point to the subject property will be from Airline Road. The
development of a maximum w 500 square foot auto parts retail center will generate approximately
469 trips per day.
Not#ication: Of the seventeen (1-) notices mailed to the surrounding property owners, zero (0) were
returned in favor and one (1) was- eturned in opposition. The 20% rule is not invoked. This case is
considered non - controversial.
VA.k_
Deborah A. Marroquin, P.E.
Interim Director of Development Services
DM/FGM/blp
Attachme.ts:
Zoning Report
2 i Planning Commission Minutes (4'04/07)
Ordinance
PLN- i)IR'SHARED,Beverlti °,2nr,7 CC April )7 \040-- 04 AGENDA MEMO doc
CITY COUNCIL
ZONING REPORT
Case No.: 0407 -04
City Council Hearing Date: April 4. 2007
Applicant: A -Z Calallen, Li C
Owner: Lorco Investment Properties, Ltd.
ott
Le • Agent: Edwin Williams
S. .a Levi Description/Location.
Yarbrough Addition, Lot 6, , and 8 located on the west side of Airline Road, and approximately
700 feet south of Holly Road.
bt r, From: "B -1" Neighborhood Business District
= To: '`B -4" General Business District
Na Area: 79 acres
Purpose of Request: To allow up to a 7,500 square foot auto parts and sales building.
Site
\orth
South
Zoning
"B-1" Neighborhood
Business District
"B-1- Neighborhood
Business District
"B- I" Neighborhood
Business District
East "B -4" General Business
District
West "A-1" Apartment House
District
ad A
oArea Development Plan: Southstde ADP: The Future Land Use Map supports commercial
e development.
C? Zoning Violations None
Q
} Existing Land Use
Future Land Use
Vacant
Commercial
Commercial
Commercial
Vacant
Commercial
Vac ant
Commercial
Multi- family
Apartments
ad A
oArea Development Plan: Southstde ADP: The Future Land Use Map supports commercial
e development.
C? Zoning Violations None
Q
Zoning Report
Case No. 0407 -04 A -Z Calalien. LLC
Page 2
• Request: The applicant requests a change of zoning from `B -1" Neighborhood business
district to a "B -4" General business district to allow for an auto parts store. This building
size would exceed the matter of right allowable building square footage for such use
permitted under the zoning district
• Existing Land Use The subject property is vacant and consists of .79 acres and is located
on the west side of Airline Road, approximately 700 feet south of Holly Road. An
iapartment complex borders the property to the west with a vacant field across the street to
E the east. \ residential home to the north of the subject property has recently been converted
E into a real estate office_
z
i• The "B -4 General Business District allows for larger and higher intensity commercial uses
which will usually need lot depths of 200 -300 feet or more. The subject property with 135
feet of lot depth is not consistent with the lot depth found on most "B -4" zoning areas and
allows very little space for buffering between non - residential and residential uses.
• Utilities [he proposed development will have water and wastewater connections.
• Transportation: I he only access point to the subject property will be from Airline Road.
The development of a maximum 7 50 square foot auto parts retail center will generate
approximately 469 trips per day.
y 3 Street
Airline Road
Type Paved Section
Volume (2001)
A- I 95 feet of ROW (64' paved
Arterial section)
33,978 ADT
The subject property is platted.
As a matter of right, the `B -1 District allows for an auto parts and sales use providing the
y building does not exceed 3.000 square feet
u
• E The requested change of zoning is to accommodate a 7,500 square foot building with no service
c1 bays for a permitted use in the existing zoning. The auto parts and sales use is the only use in the
• L `B -1" District that has a building square footage limitation. All other permitted uses are not
restricted by a building square footage.
Zoning Report
Case No. 0407 -04 A -Z Calalien LLC.
Page 3
Staff Recommendation
Staff recommends denial of the "B -4" General Business District and in lieu thereof, approval of
a Special Permit subject to a site plan and the following three (3) conditions:
1. t TSE: The only use authorized by this Special Permit other than the basic
-'B -1" Neighborhood Business District on the subject property is an enclosed auto parts
and sales building, up to 7.500 square feet in area, with no service bays.
2. CROSS ACCESS: Provide for cross access along the north and south property lines of
the subject property . Such access point shall remain open and unobstructed without a
raised curb.
3. TIME LIMIT' The Special Permit shall be deemed to have expired within one (1) year
from the date of this ordinance unless the property is being used as outlined in Condition
41 and in ,;ompiiance with all other conditions.
Denial of the "B -4" General Business District and in lieu thereof, approval of a Special Permit
subject to a site plan and the following three (3) conditions:
z 0 2. USE: The only use authorized by this Special Permit other than the basic
E a "B -1" Neighborhood Business District on the subject property is an enclosed auto parts
E o and sales building, up to 7,500 square feet in area, with no service bays.
a°' 2. CROSS ACCESS: Provide for cross access along the north and south property lines of
the subject property Such access point shall remain open and unobstructed without a
u raised curb.
c a
• a 3 TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year
ci from the date of this ordinance unless the property is being used as outlined in Condition
1 and in :,ompliance with all other conditions.
Number of Notices Mailed -
Favor
Opposition
As of May 2. 2007)
0
1.
Attachments:
Zoning Map
Site Plan
1 WUrc tiLijrr & t:
FARM & GARDE
LDRIDGE CREEK
UNIT 8
INAL
RACT
A -1
B -3
0407 -04
1 NOTICE MAP I
F -R Farm Rural DIStrict
RE Rea dentiai Estate District
RA One Family Dwelling District
R -1A One Family Dwelling District
R -18 One Family Dwelling District
R -1C One Family Dwelling District
A -1 Apartment Nouse District
A -1A Apartment Nouse District
A -2 Apartment abuse District
AT Apartment - Tourist District
AB professional Office District
R -T1 Townhouse Dwelling District
R -2 Multiple Dwelling District
T -IA Travel Trailer Park District
T -18 Manufactured Home Park District
T -1C Manufactured Home Subdivision District
HC Historical - Cultural Landmark Preservation
1 -2 Light Industrial District
I -3 Heavy Industrial District
SP Special Permit
PU0 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.
5-3 Business District
B -4 General Business District
3-5 Primary Business District
8 -6 Primary Business Core District
I -1 Limited Industrial District
0 100 200 400
Feet
a3,21 /07 SRR
1
61TE PLAN
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — April 4, 2007
5:30 P.M.
COMMISSIONERS PRESENT:
R. Bryan Stone. Chairman
Rudy Garza, Vice Chairman
Fred Braselton
atilano J. Huerta
Lyon J. Kelly
.iohnny R. Martinez
Michael Puslev
fames SkrobarczvK
John C. Tamez
STAFF:
Faryce Goode - Macon, Interim Assistant
Director of Development Services/Planning
Juan Perales, Jr., PE, Interim Assistant Director
of Development Services/ Special Services
Miguel S. Saldana, AICP, Senior City Planner
Mic Raasch, City Planner
Dan McGinn, Project Manager
Stephanie Voss, Project Manager
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Gail Perry, Recording Secretary
I. CALL TO ORDER — 5 :30 p.m.
A quorum was declared and the meeting was called to order at 5:30 p.m.
V ZONING
New 'toning
d. Case No. 0407 -04
A -Z Calallen, LLC.: A change of zoning from "B -1" Neighborhood
Business District to a ''B -4" General Business District
Yarbrough Addition, Lots 6, 7, and 8, located on the west side of Airline
Road. and approximately 700 feet south of Holly Road.
Dan McGinn presented the above case requesting a "B -4" General Business District for
development of a 7,500 square foot auto parts and sales building with no service bays. The
zoning request is needed to accommodate the 7,500 square foot building which is not allowable
within the "B -1" Neighborhood Business District. There were seventeen notices mailed with zero
returned in favor or opposition. Due to the close proximity of the residential area, Staff
recommends denial of the "B -4 ' General Business District and in lieu thereof, approval of a "B-
1" Neighborhood Business District with a Special Permit subject to a site plan and the following
two t2) conditions:
LSE The only use authorized by this Special Permit other than uses allowed by "B -1"
Neighborhood Business District on the subject property is an enclosed auto parts and
sales building, up to 7,500 square feet in area, with no service bays.
TIME; LIMIT: The Special Permit shall be deemed to have expired within one (1) year
from the date of this ordinance unless the property is being used as outlined in Condition
#1 and in compliance with all other conditions.
In answer to Commissioner Pusley, Dan McGinn stated the rear building line will require
a ten foot setback. The applicant will need to provide a five foot landscaping strip and that the
site plan will have to he amended to relocate the dumpster pad and fencing line.
Planning Commission Minute-
April 4 '007
Commissioner Skrobarczyk stated that a requirement for cross access should be requested on
this special permit along the north and south property lines of the subject property.
Public hearing was opened
No one was present in favor or opposition
Public hearing was closed
Motion for approval for "B -1" Neighborhood Business District with a Special Permit was
made by Commissioner Pusley and seconded by Vice- Chairman Garza subject to a site plan and
the above mentioned conditions including a requirement for cross access. Motion passed
unanimously.
\PLy•1)IR \SH ARE [)Beveriv 'x)07 CY° Apr, . 07 \040' -04 Minutes doc
Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE
A -Z CALALLEN, LLC, BY CHANGING THE ZONING MAP IN
REFERENCE TO YARBROUGH ADDITION, LOTS 6, 7, AND 8, FROM
"B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "B -1 /SP"
NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT
FOR A 7,500 SQUARE FOOT AUTO PARTS AND SALES BUILDING
WITH NO SERVICE BAYS, SUBJECT TO A SITE PLAN AND THREE
(3) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; 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 A -Z Calallen, LLC, for.amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
April 4. 2007, during a meeting of the Planning Commission, and on Tuesday, May 15,
2007, 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 Yarbrough Addition, Lots 6, 7, and 8, located on
the west side of Airline Road, and approximately 700 feet south of Holly Road from "B-
1" Neighborhood Business District to "B -1 /SP" Neighborhood Business District with a
Special Permit for a 7,500 square foot auto parts and sales building with no service
bays, which exceeds the allowable building square footage for such use, subject to a
site plan and three (3) conditions (Zoning Map 042034) (Exhibit)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to a site plan attached as Exhibit A and the following three (3) conditions:
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Page 2 of 4
USES: The only use authorized by this Special Permit other than the basic "B -1"
Neighborhood Business District on the subject property is an enclosed auto parts
and sales building, up to 7,500 square feet in area, with no service bays.
CROSS ACCESS: Provide for cross access along the north and south property
lines of the subject property. Such access point shall remain open and
unobstructed without a raised curb.
TIME LIMIT: The Special Permit shall be deemed to have expired within one (1)
year from the date of this ordinance unless the property is being used as outlined
in Condition #1 and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed,
SECTION 7. 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 8. 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 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 15th day of May 2007
ATTEST:
Armaido Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
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APPROVED: May 9, 2007
G mith
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
day of 2007
TO TI-E 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
Jessie Noyola
Mark Scott
H' \LEG -DIR \Shared\ GaryS\ agendat2007 15 -15 \Ord- zoning0407 -04 AZ Calallen sp.doc
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19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: May 15, 2007
AGENDA ITEM:
An ordnance amending the Code of Ordinances, Section 23 -76, Smoking Prohibitions,
subsection (b), by enacting new subpart (7) to exempt tobacco specialty stores; providing
for severance; providing for a penalty: establishing an effective date; and providing for
publication.
ISSUE: Smoking restrictions will not apply to tobacco specialty establishments that are
used primarily for the sale of tobacco products, however smoke from their establishment
cannot infiltrate into areas where smoking is prohibited under provisions of the ordinance.
REQUIRED COUNCIL ACTION: Approval and passage of the ordinance to amend the
Code of Ordinances.
PREVIOUS COUNCIL ACTION: Council approved smoking ordinance amendment April,
2004
FUNDING: None
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
amendment to the Code of Ordinances.
(Department H ad Signature)
BACKGROUND INFORMATION
An amendment to the smoking ordinance was approved in April, 2004 by the City Council.
The intent was to provide citizens' protection from exposure to tobacco smoke, by placing
restrictions on smoking within the City of Corpus Christi. The provisions were designed to
achieve a reasonable balance between the rights of non - smokers to breathe clean air and
the wishes of smokers
This amendment to the ordinance will allow individuals to sample tobacco in tobacco
specialty stores that primarily sell tobacco products. This amendment will exempt tobacco
specialty stores from current smoking restrictions.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, SECTION 23 -76, SMOKING
PROHIBITIONS, SUBSECTION (b), BY ENACTING NEW SUBPART (7)
TO EXEMPT TOBACCO SPECIALTY STORES; PROVIDING FOR
SEVERANCE; PROVIDING FOR A PENALTY; ESTABLISHING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The Code of Ordinances, Section 23 -76, Smoking Prohibitions, subsec-
tion (b). is amended by enacting new subpart (7) to read as follows:
"Sec. 23 -76. Smoking prohibitions.
„(b) .
1) .
*
"(7) Tobacco specialty stores. Smoking restrictions in this section will not
apply to retail establishments that are used primarily for the sale of
tobacco products and accessories and in which the sale of other products
is merely incidental; provided, however, that smoke from these places
does not infiltrate into areas where smoking is prohibited under
provisions of this chapter."
(c)
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdrision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
SECTION 3. A violation of any provision of this ordinance or requirements implemented
under this ordinance constitutes an offense punishable as provided in this ordinance
EHorC2O4 dor.
SECTION 4. This ordinance becomes effective June 1, 2007.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi by publishing the caption stating in substance the purposes, intent, and effect of
the ordinance.
E Hord20z doc
Corpus Christi, Texas
The foregoing ordinance was read for the first time and passed to its second reading on
this the day of , 2007, by the following vote:
Henry Garrett Rex A. Kinnison
Brent Chesney John E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
The foregoing ordinance was read for the second time and passed finally on this
the day of , 2007, by the following vote:
Henry Garrett John E. Marez
Melody Cooper Nelda Martinez
Mike Hummell
Bill Kelly
PASSED AND APPROVED on the
ATTEST:
Arm *ndo Chapa
City Secretary
day of , 2007.
AP OVED AS TO LEGAL FORM: May 7, 2007
r, I a T
`1
Iiz '-th R. Hundl -y
As 'tent City Attorney
for the City Attorney
EHord204 aoc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
20
AGENDA MEMORANDUM
AGENDA ITEM:
May 15, 2007
A. Ordinance authorizing $334,000 from the 2005 Street General Obligation Bond
Fund No. 3541 to pay the Hogan Development Company, LP, request for
reimbursement of one -half of the cost of construction of the extension of Oso
Parkway adjacent to the proposed conservation park and appropriating $177,019.63
from the Water Arterial Transmission & Grid Main Trust Fund No. 540450- 21805-
4030 to pay the Hogan Development Company, LP, reimbursement request for the
installation of 3,000 linear feet of a 12 -inch pvc water grid main to develop Terra
Mar; and declaring an emergency. (Bond Issue 2004)
B. Ordinance authorizing the City Manager to execute a Development Agreement with
Hogan Development Company. L.P., for infrastructure improvements required to
complete the Terra Mar residential development project, and declaring an
emergency.
ISSUE: Hogan Development Company, L.P.; developer of the Terra Mar residential
development project, (Project), has submitted a development agreement to document
conditions, roles, and responsibilities between the City and the Developer associated with
street, bridge, drainage, parks, hike and bike trail, water distribution system, and other
ancillary infrastructure improvements required to complete the Project.
REQUIRED COUNCIL ACTION: Council authorization is required for the City Manager to
enter into a development agreement with Hogan Development Company, L.P.,
(Developer), and to authorize $334,000.00 out of the 2005 Street General Obligation Bond
Fund No. 3541 for Developer Participation toward the proposed extension of Oso Parkway
from Wooldridge Road to Holly Road, and appropriating $177,019.63 out of the Water
Arterial Transmission and Grid Main Trust Fund.
CONDITION: Developer must comply with all conditions and requirements included in the
Development Agreement
RECOMMENDATION: Staff recommends approval of the motion as presented.
Deborah A. Marroquin, P.E.
Interim Director of Development Services
Attachments:
Ext iibit A
Exhibit B
Exhibit C
Exhibit D
Background Information
Development Agreement
Cost Estimate
Vicinity Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
FINANCIAL. BACKGROUND: This project is utilizing voter - approved 2004 Bond Funds to
provide a portion of the City's share of construction in subdivision development as provided
for by City ordinance. The contractor's total construction cost estimate for Oso Parkway
from Wooldridge Road to HoIIy Road is $1,214,190.13. (See Exhibit C — Page 1). The
City's portion of financial responsibility for this work is 50% or $607,095.06. On November
2, 2004, City voters approved $500,000 in General Obligation Bonds to support the City's
share on projects such as this.
FINANCIAL ARRANGEMENTS: The current amount available for Developer
Reimbursement under the 2004 Bond Election is $334,000. Therefore, it has been
proposed that this agreement will obligate the remaining $334,000 available which will be
paid to the developer upon the completion of the project and acceptance by the City. The
difference of $273,095.06 which has not been reimbursed through other funding sources
as provided by City Ordinances, will be reimbursed by the City to the Developer as
additional funds become available. In the Oso Parkway Development Agreement (See
Exhibit B — Page 3, Section 2.1), the City additionally agrees to propose developer
participation funding in the future 2008 bond issue subject to voter approval. The City
agrees to reimburse the Developer any such un- reimbursed share of the roadway
improvements as noted above from developer participation funding in proceeds from the
first bonds issued.
PROJECT BACKGROUND: The Terra Mar project proposed by the Hogan Development
Company, L.P., includes tracts of land bounded by Rodd Field Road to the west, Oso Bay
to the east, South Padre Island Drive to the north, and Oso Creek to the south. The total
area proposed for residential development is over 2,200 acres. Significant improvements
anticipated within the geographic limits of the overall project include the extension of Oso
Parkway from its existing terminus south of Wooldridge Road, northward to South Padre
Island Drive, including the construction of several bridge structures; the extension of Ennis
Joslin Road from South Padre island Drive to HoIIy Road; upgrading of Holly Road and
Woodridge Road between Rodd Field Road and the proposed extension of Oso Parkway;
the creation of a regional conservation park facility of approximately 165 acres; the
construction of several hike and bike trails that will provide connectivity between existing
and proposed City hike and bike trail facilities and the proposed regional park; and various
extensions and improvements to the City's water and wastewater infrastructure.
1
Exhibit A
The nature and scope of the infrastructure improvements necessary to realize this project
will require close coordination and extensive involvement of the City. Efforts in this respect
include amendments to the City's Transportation Master Plan, Parks Master Plan, Storm
Water Master Plan, and possibly Water Master Plan; the expediting of U. S. Army Corps of
Engineers Permit requirements associated with necessary drainage improvements; the
securing of grant and other funding and land acquisition for the proposed regional
conservation park; the creation of the Oso Bay — Oso Creek Greenbelt, Parks and Trails
System and associated hike and bike trail improvements; the development and execution
of various related participation and reimbursement agreements; and the identification of
related project scopes and funding to be included in the Bond 2008 Capital Improvement
Program, and possibly other subsequent capital improvement bond programs.
The complexity and scope of actions and commitments necessary to complete this project
will require consensus of involved parties as documented in the Development Agreement
included as Exhibit B. The purpose of this action item is to present for review and approval
the Oso Parkway Development Agreement, which includes all of the general administrative
and legal conditions and requirements of the Agreement; provisions for compliance with
U.S . Army Corps of Engineers permit requirements; provisions for the extension of Oso
Parkway from Wooldridge Road to Holly Road; provisions for the development of the
regional conservation park. provisions for the development of the hike and bike trail system
for this area, and provisions for reimbursement of qualified developer costs for water
system infrastructure improvements.
Concurrent to, and as a condition of this agreement, action is required to set aside
$334,000 out of the 2005 Street General Obligation Bond Fund No. 3541 for Developer
Participation as part of the City's contribution toward the cost of the proposed extension of
Oso Parkway between Wooldridge Road and Holly Road.
-2
Exhibit A
OSO PARKWAY DEVELOPMENT AGREEMENT
(Includes Waterline Reimbursement Agreement)
STATE OF TEXAS
COUNTY OF NUECES
This Oso Parkway Development Agreement (Agreement) is made and entered into by and
between the City of Corpus Christi, "Texas (City), a "Texas home rule municipality, and Hogan
Development Company, L.P. (Developer), a Texas limited partnership, hereinafter collectively
referred to as the "Parties ", upon the premises and for the purposes set out herein, and is
effective as stated in this Agreement
INTRODUCTION
A The City has acquired acreage (known as the Carr Oil Tract) for a major park on the Cayo del
Oso, and the Developer has an option to purchase approximately 54 acres west of said
property which the Citti desires to acquire for the expansion of the park
S. The Developer desires to extend the public roadway known as Oso Parkway from its existing
terminus to intersect with Holly Road. and a portion of such roadway will abut the acreage to
be acquired by the City for park and
NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the
Parties agree as follows:
Section
Park Development. Z he Developer agrees to assign to the Trust for Public Land
(Trust) a portion of its option rights with The Gaines Family Limited Partnership,
Ltd. in order to enable the Trust to purchase approximately 54 acres (designated
as Tract 1 on Exhibit A) that is located west of the City's acquired acreage to be
an addition to the City ''s planned park. The City will work diligently to negotiate
the purchase of the property through the participation of the Trust or other public
sector grant agency within 90 days after the date of this Agreement.
1 1. The purchase price to be paid by the Trust for The Gaines Family Limited
Partnership. Ltd. land will be the same per acre price negotiated in 2004 for the
purchase of the Carr Oil Tract (Refer to Exhibit B). The Developer will arrange
for private contribution of the funding necessary to make up the difference
between the 2004 negotiated price and the current option price for the Gaines
acreage. Such additional funding either shall be paid directly to the seller or to
the "Trust as a contribution, if such contribution shall enable the City to use such
funds as a local match for a larger grant.
1 2. It is anticipated that the Trust's purchase of the above park tract will close prior to
August L 2007. The City will. at the earliest round of grant application, make
Page 1 of 8
5/09/2007
EXHIBIT B
application for grant funding, using the proposed parkland, 54 acres, as part of the
local match, for funding to develop the proposed regional park to be created from
the combination and incorporation of this tract with the Carr Oil Tract previously
acquired. The combined park site will be held as undeveloped until such time as
the City identifies funding to develop it as a park.
1 > The City will develop a Park Master Plan for the combined site within one year
after funds are made available for the Plan. Development options can include, at
the City's discretion, a phased development or complete development.
1.4. The City agrees, subject to funding appropriation, to expend the park dedication
funds paid by all developers within a 1.5 mile range of the park for the purchase
and subsequent improvement of the park and facilities.
1.5 The City shall retain all existing right of way associated with that portion of Holly
Road extending southeast of the Oso Parkway extension along the proposed park.
The City agrees that the Developer shall have no obligation to construct such
portion of Holly Road.
1.6 The City agrees to make any and all improvements for the Master Channel 29
Outfall through the proposed park, alleviating any requirement that the Developer
obtain a Section 404 US Army Corps of Engineers (USACE) Permit for Master
Channel 29.
Section 2. Oso Parkway. The City and the Developer agree to construct the extension of
Oso Parkway from its existing terminus to intersect with Holly Road as follows:
2 1 The Developer will pay 100% of the total cost (including engineering, permits,
testing and construction) of Oso Parkway, and related drainage and bridge
structures, from its existing terminus to Holly Road, except that the City will pay
its proportionate share f )r those portions of Oso Parkway that adjoin proposed
park land, both existing and to be acquired by the City as provided in Section 1
above. The City's proportionate share will be 50% of the cost of a section of Oso
Parkway, adjacent to the proposed regional park, constructed in accordance with
the Urban Transportation Plan, consisting of pavement, curbs, sidewalks and
gutters (including storm drainage improvements and street lights) (referenced
herein as the "roadway improvements " ;, all as set out on Exhibit C attached. The
parties acknowledge that City's participation in the roadway improvements shall
not exceed 30° v of the total cost of Oso Parkway construction incurred by
Developer in compliance with the Texas Local Government Code. The costs of
the water main extensions as part of the roadway project shall be reimbursed by
the City in accordance with the Platting Ordinance at the rate of 100% of the
approved costs as set out on Exhibit C attached. The City agrees to ear -mark its
available developer participation funds in the approximate amount of $334,000 to
fund the 50% obligation for roadway improvements, and the 100%
reimbursement obligation for water main extensions shall be ear - marked in the
Page 2 of 8
5/09/2007
appropriate Park or Water Trust Fund. Such funds shall be released to the
Developer upon the completion of the roadway improvements and water main
extensions adjacent to the park land and acceptance by the City. To the extent
any portion of the 50% reimbursement obligation for roadway improvements is
not reimbursed through other funding sources as provided by City ordinances,
such amount will be reimbursed by the City to the Developer as additional funds
are acquired by the City for such purposes. The City additionally agrees to
propose developer participation funding in the future 2008 bond issue subject to
voter approval. The City agrees to reimburse the Developer any such
unreimbursed share of the roadway improvements as noted above from developer
participation funding in proceeds from the first bonds issued, upon approval of
such bonds, as early as possible in the fiscal year in which the bonds are sold.
2 2. The Developer will commence construction of Oso Parkway on or before January
31, 2008, and proceed to completion in one or more construction projects with
due diligence resulting in the extension of Oso Parkway from its existing terminus
to Holly Road.
2 3. This section )f Oso Parkwav will consist of an overall right -of -way 80 feet in
width dedicated by the Developer at no cost to the City, with asphalt street
pavement 40 feet from back of curb to back of curb (back -to -back) constructed by
the Developer in accordance with the City's Platting Ordinance requirements. The
street pavement may be offset from the center of the right -of -way in order to
allow for a wider sidewalk and Iandscape_green space area along the Oso Bay side
of Oso Parkway.
2 4. The proposed final street cross section will include a 6 foot width sidewalk along
and parallel to the westerly right of way line, and a 6 foot width sidewalk which
will run generally along the easterly right of way line in a gently winding manner.
The Developer agrees to construct the westerly 6 -foot sidewalk from the existing
terminus to the boundary of the proposed park and continue along the remainder
of Oso Parkway across the street from the proposed park. The Developer will
submit plans showing how improvements in the easements and /or right of ways,
including winding sidewalks, will be used and coordinated with utilities, drainage
and street lighting for the City's review and approval. Upon full funding of the
City's reimbursement obligations for the roadway improvements, the Developer
shall contribute to the City the cash value of the costs of roadway improvements
for the sidewalk in front of and adjacent to the proposed park.
2 5 The City agrees to grant a revocable easement to the Terra Mar Property Owners
Association along the outermost 15 to 20 feet on each side of the right -of -way of
the portions of Oso Parkway (excluding the frontage along the park to be owned
by the City) to maintain the above sidewalk improvements, along with the
planting of oak trees and completion of landscaping improvements. The
Developer will submit plans showing how improvements in the easement will be
used and coordinated with utilities, drainage, sidewalks and street lighting for
Page 3 of 8
5/09/2007
City review and approval, The Developer and the Terra Mar Property Owners
Association will be responsible for all costs, including maintenance for the term
of the easement, associated with such landscaping improvements. The easement
will be subject to revocation by the Citl in the event the City requires such area
for roadway expansion in the future.
2,6. The Developer's obligations to construct the Oso Parkway extension according to
the timetable outlined in Section 2.1 above will be conditioned upon the
acquisition and dedication of the park in accordance with Section 1. Any delays
in the Trust's acquisition of the conservation park property may delay the
timetables provided hereunder
2.? The Developer is authorized to install street lights at all street intersections as
required by City Codes and additionally install mid -block street lights providing
for an overall spacing of 300 to 500 feet between lights. The lights may be
installed on each side of the Oso Parkway at such locations in order to provide
adequate lighting. On the portion of the roadway in front of the park, the City
shall pay one -half of the cost of such street lights as provided above. The City
shall accept such street lights and assume the costs of electrical service for same
on the same basis as for street lights generally'.
2.8 The Developer shall not be required to pay for the installation of any traffic
signals at any of the intersections along Oso Parkway.
Section 3. The following general terms and conditions shall apply to this Agreement:
3 ' Term. The term of this Agreement will commence on the Effective Date (as
defined below) and continue until completion of the objectives of this Agreement,
unless terminated on an earlier date under other provisions of this Agreement or
by written agreement of the City and the Developer, as provided for in Section 3.2
below The Effective Date of this Agreement will be the date of full execution by
the Parties. This Agreement will be binding upon and inure to the benefit of the
Parties and their respective successors and assigns.
3.2. Amendment by Agreement. This Agreement may be amended at any time by
mutual written consent of the City and the Developer, or its successors or
permitted assigns.
3 . Assignment. This Agreement and the rights of the Developer may be assigned to
any subsequent owner of the property, subject to the prior written consent of the
City, which consent will not be unreasonably withheld. Any assignment will be in
writing, will specifically set forth the assigned rights and obligations and will be
executed by the proposed assignee.
Page 4 of 8
5/09/2007
Cooperation. The Parties will cooperate with each other as reasonable and
necessary to carry out the intent of this Agreement, including but not limited to
the execution of such further documents as may be reasonably required.
Notice. Any notice given under this Agreement must be in writing and may be
given: (i) by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; (ii)
by depositing it with Federal Express or another service guaranteeing "next day
delivery ". addressed to the party to be notified and with all charges prepaid; (iii)
by personally delivering it to the party, or any agent of the party listed in this
Agreement: or (iv) by facsimile with confirming copy sent by one of the other
described methods of notice set forth. Notice by United States mail will be
effective on the earlier of the date of receipt or three (3) days after the date of
mailing. Notice given in any other manner will be effective only when received.
For purposes of notice, the addresses of the Parties will, until changed as provided
below, be as follows-
Cite City of Corpus Christi
Attn: City Manager
1201 Leopard Street
PO Box 9277
Corpus Christi TX 78469 -9277
With Required Copy to: City of Corpus Christi
Attn: City Attorney
1201 Leopard Street
PO Box 9277
Corpus Christi TX 78469 -9277
Developer: Hogan Development Company, L.P.
Attention: President
800 N. Shoreline, Suite 350 South Tower
Corpus Christi, Texas 78401
With Required Copy to: John D. Bell
Wood, Boykin & Wolter, P.C.
615 N. Upper Broadway, Suite 1100
Corpus Christi, Texas 78477
The Parties may change their respective addresses to any other address within the
United States of America by giving at least five (5) days' written notice to the
other party. The Developer may, by giving at least five (5) days' written notice to
the City, designate additional parties to receive copies of notices under this
Agreement.
Page 5 of 8
5/09/2007
Severability; Ak aiver. It any provision ofthis Agreement is illegal, invalid, or
unenforceable. under present or future laws, it is the intention of the Parties that
the remainder ofthis Agreement not be affected, and, in lieu of each illegal,
invalid, or unenforceable provision, that a provision be added to this Agreement
which is legal. valid. and enforceable and is as similar in terms to the illegal,
invalid, or enforceable provision as is possible. Each of the rights and obligations
of the Parties hereto are separate covenants. Any failure by a party to insist upon
strict performance by the other party of any provision of this Agreement will not
be deemed a waiver of such provision or of any other provision, and such party
may at any time thereafter insist upon strict performance of any and all of the
provisions of this Agreement
3.7. Applicable Law and Venue. The laws of the State of Texas govern the
interpretation, performance, enforcement and validity of this Agreement. Venue
will be in a court of appropriate jurisdiction in Nueces County, Texas.
3.8 Entire Agreement. This Agreement contains the entire agreement of the Parties
and there are no other agreements or promises, oral or written between the Parties
regarding the subject matter of this Agreement. This Agreement can be amended
only by written agreement signed by the Parties. This Agreement supersedes all
other agreements between the Parties concerning the subject matter hereof.
3.9 Exhibits, Headings, Construction and Counterparts. All schedules and exhibits
referred to in or attached to this Agreement are incorporated into and made a part
of this Agreement for all purposes. The section headings contained in this
Agreement are for convenience only and do not enlarge or limit the scope or
meaning of the sections The Parties acknowledge that each of them have been
actively and equally involved in the negotiation of this Agreement. Accordingly,
the rule of construction that any ambiguities are to be resolved against the
drafting party will not be employed in interpreting this Agreement or any exhibits
hereto. This Agreement may be executed in any number of counterparts, each of
which will be deemed to be an original, and all of which will together constitute
the same instrument. This Agreement will become effective only when one or
more counterparts bear the signatures of all the Parties.
3 10. Authority for Execution. The City certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with
City ordinances. The Developer hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with
the articles of incorporation and bylaws or partnership agreement.
3 1 i . Relationship of Parties. in performing this Agreement, both the City and
Developer will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint - venturers, or associates of one another.
The employees or agents of either party may not be, nor be construed to be, the
employees or agents of the other party for any purpose.
Page 6 of 8
5/09/2007
3 12. Survival of Terms. All representations, warranties, covenants and agreements of
the Parties, as well as any rights and benefits of the Parties pertaining to the
transaction contemplated hereby, will survive the original execution date of this
agreement.
3 13 Proportionality. The Developer agrees that the public improvements
contemplated to be made by or at the expense of the Developer are roughly
proportional to the Development under Section 212.904, Texas Local
Government Code.
3.14 Indemntificatjlon. The Developer shall indemnify and hold harmless the
City, its agents, officers, and employees ( "Indemnitees ") from all suits,
actions, or claims and from all liability for any and all injuries or damages
sustained by any person, including without limitation workers compensation,
personal injury or death, arising from or incident to this construction.
3.15. Disclosure. The Developer further agrees, in compliance with the City of Corpus
Christi Ordinance No. 17112, to complete, as part of this Agreement, the
Disclosure of Ownership interests form attached as Exhibit D.
3 16. Binding. This Agreement becomes effective and is binding upon and shall inure
to the benefit of the City and the Developer, and their respective heirs, successors,
and assigns from and after the date of execution.
The undersigned Parties have executed this Agreement on the dates indicated below.
CITY OF CORPUS CHRISTI, TEXAS
a Texas municipal corporation
B.
Date:
HOGAN DEVELOPMENT COMPANY, L.P.
A Texas limited partnership
By Seabreeze Limited Co., LLC
Its General Partner
George Noe. City Manager eill F. Amsler III, President
1 t HOGAN'Oso Park Development-3 i c
Date:
Page 7 of 8
__ & 74 ? -21; f
5/09/2007
ATTEST:
Armando Chapa, Cite Secretary
APPROVED AS TO LEGAL FORM:
May 2007.
Mary Kay Fischer, City Attorney
B
Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on
/l. , 2007, by Neill
F Amster, 111, Manager, Seabreeze, Ltd Co., a Texas limi ed 1 abi tty company, acting as
General Partner of Hogan Development Company, L.P., a Texas limited partnership, on behalf of
said partnership.
JOHN D BELL
,1 Notary Public
STATE OF TEXAS
My Comm. Exu
THE STATE OF TEXAS
COUNTY OF NUECES
No .ry ublic, State of Texas
This instrument was acknowledged before me on , 2007, by
George Noe, City Manager of the City ;.If Corpus Christi. a Texas home -rule municipal
corporation. on behalf of the corporation.
F OGAN Gse Park Development -3 do.
Page 8 of 8
Notary Public, State of Texas
5/09/2007
EXHIBIT C
Construction Cost Estimate
Oso Parkway - Wooldridge Road to Holly Road
Date: 05/09/07
Item No.
Description
Estimated
Quanti
Unit
Unit Price
Total Price
ROADWAY IMPROVEMENTS
$ 3.50
$ 120.00
1
Site cxcavalico & Grading
Lime (For Subgrade Stabilization)
10,000
340
CY
TON
$ 35,000.00'
2
$ 40,800.00
3
Cen r t (For Base Stabilization)
160
TON
$ 117.00
$ 18,720.00
4.
10" a Stabilized Subgrade (Includes 12" Raw
Subade Compaction)
8 "C ent bilized Caliche Base
15,700
13,150
SY
SY
$ 1.75
$ 10.25
$ 27,475.00
$ 134,787.50
5
6
2" T 'D' I4MAC (Includes Prime Coat)
13,150
SY
LF
$ 9.95
$ 10.00
$ 130,842.50
$ 60,500.00
7
6" Curb and Gutter
6,050
8
6' Cofcrete tidewalk
38,400
SF
$ 3.25
$ 124,800.00
9.
Han p Rapp
18" P Storm Sewer Pipe
9
1,050
EA
LF
$ 460.00
$ 27.00
$ 4,140.00
$ 28,350.00
10
11
24" IP Storm Sewer Pipe
1,350
LF
$ 33.00
$ 44,550.00
12 --TfieP
Storm Sewer Pipe
100
LF
$ 64.00
$ 6,400.00
13
(4) 8' x 4' Box Culvert (Includes box culvert, headwall,
wingialls & pedestrian railing)
5' Cue Inlet
1
16
—~
LS
EA
$ 220,000.00
$ 2,200.00
$ 220,000.00
14
$ 35,200.00
15.
Storm Sewer Manhole /Junction Box
7
EA
$ 2,800.00
$ 19,600.00
16.
Corict to Existing 36" Storm Sewer Stub
1
EA
$ 2,500.00
$ 2,500.00
17
OSHA Trench Protection
100
LF
$ 0.50
$ 50.00
18.
Storm Water Pollution Prevention Plan &
I_mpll mentatp)n
1
LS
$ 40,000.00
$ 40,000.00
19.
Contrlrctor Provided Construction Staking
1
LS
$ 25,000.00
$ 25,000.00
20.
Lab Trtssting ._._
1
LS
$ 25,000.00
$ 25,000.00
21.
Streetlights
Engineering Fees (7.5% of items 1 -20)
8
1
EA
LS
$ 1,500.00
$ 74,903.63
$ 12,000.00
$ 74,903.63
22.
23
Contirencies (10% of items 1 -22)
1
LS
$ 103,571.50
$ 103,571.50
TOTAL ROADY AY IMPROVEMENTS
$ 1,214,190.13
RECAP
TOTAL ROADWAY IMPROVEMENTS:
City 50% Share:
City's Current Contribution
Balance Remaining
$ 1,214,190.13
607,095.06
334,000.00
$ 273,095.06
EXHIBIT C
EXHIBIT C
Construction Cost Estimate
Water Grid Main Extension - Along Oso Parkway from Wooldridge Road to Holly Road
Date: 05/09/07
Item No. 1 Description
Estimated
Quantity
Unit
Unit Price
Total Price
WATER GRID MAIN IMPROVEMENTS
8" -900 PVC Water Main
100
LF
$ 19.00
$ 1,900.00
1.
2.
12 C -900 IfVC Water Mair
3,000
LF
$ 36.00
$ 108,000.00
3.
Fib Hydraltt
6" to Valve & Box
7
7
EA
EA
$ 2,350.00
$ 625.00
$ 16,450.00
$ 4,375.00
4.
5.
8" to Vre & Box
3
EA
$ 850.00
$ 2,550.00
6.
12 Gate' alve & Box
12"x 12" dross
2 x 8" Toe
6
1
3
EA
EA
EA
$ 1,500.00
$ 85.00
$ 550.00
$ 9,000.00
$ 85.00
$ 1,650.00
7.
8.
9.
12" x 6" Tee
7
EA
$ 450.00
$ 3,150.00
10.
8" I? ug
3
EA
$ 265.00
$ 795.00
11.
12 10lug
3
EA
$ 400.00
$ 1,200.00
12.
C ect to existing 12" water main stub
1
EA
$ 1,500.00
$ 1,500.00
13.
E eerirr Fees (7.5% of items 1 -12)
1
LS
$ 11,299.13
$ 11,299.13
14.
Co; ingencies (10% of items 1 -12)
1
LS
$ 15,065.50
$ 15,065.50
TOTAL WATER GRID MAIN IMPROVEMENTS
$ 177,019.63
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Page 1 of 3
AN ORDINANCE
AUTHORIZING $334,000 FROM THE 2005 STREET GENERAL
OBLIGATION BOND FUND NO. 3541 TO PAY THE HOGAN
DEVELOPMENT COMPANY, LP, REQUEST FOR REIMBURSEMENT
OF ONE -HALF OF THE COST OF CONSTRUCTION OF THE
EXTENSION OF OSO PARKWAY ADJACENT TO THE PROPOSED
CONSERVATION PARK AND APPROPRIATING $177,019.63 FROM
THE WATER ARTERIAL TRANSMISSION & GRID MAIN TRUST FUND
NO. 540450 - 21805 -4030 TO PAY THE HOGAN DEVELOPMENT
COMPANY, LP, REIMBURSEMENT REQUEST FOR THE
INSTALLATION OF 3,000 LINEAR FEET OF A 12 -INCH PVC WATER
GRID MAIN TO DEVELOP TERRA MAR; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1, That $334.000 is authorized from the Developer Participation Fund of the
2005 Street General Obligation Bond Func No. 3541 to pay Hogan Development
Company. LP, toward one -half of the cost of construction of the extension of Oso
Parkway adjacent to the proposed conservation park, located east of the proposed Oso
Parkway and between Holly Road and Wooldridge Road.
SECTION 2. That $177 019.63 is appropriated from the Water Arterial Transmission &
Grid Main Trust Fund No. 540450 -21805 -4030 to pay Hogan Development Company,
LP, for the installation of 3,000 linear feet of a 12 -inch PVC water grid main to develop
Oso Parkway as a part of the Terra Mar development, located along the proposed Oso
Parkway between Holly Road and Wooldridge Road.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 15th of May, 2007.
H \LEG -DI R \Shared \GarvS\ agenda \2007 \5- 151Ord- AppropTerraMar- water- road.doc
ATTEST.
Armando Chapa
City Secretary
APPROVED as to form May 11 2007
By
ary W. Smith
Assistant City Attorney
For City Attorney
Page 2 of 3
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H \ LEG- DIR \Shared\GaryS\agenda\200T\.5 -15 \Ord - AppropTerraMar- water- road.doc
Page 3 of 3
Corpus Christi, Texas
Day or __.. ,
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
Cound Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H \ LEG- DIR \Shared\GaryS\ agenda \200715- 151Ord- AppropTerraMar- water- road.doc
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT
AGREEMENT WITH HOGAN DEVELOPMENT COMPANY, L.P., FOR
INFRASTRUCTURE IMPROVEMENTS REQUIRED TO COMPLETE THE
TERRA MAR RESIDENTIAL DEVELOPMENT PROJECT, AND
DECLARING AN EMERGENCY.
WHEREAS, Hogan Development Company, L.P., (Developer), developer of the Terra
Mar residential development project, (Project), has submitted a development agreement
to document conditions, roles. and responsibilities between the City and the Developer
associated with street, bridge, drainage. parks, hike and bike trail, water distribution
system, and other ancillar} infrastructure improvements required to complete the
Project.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or his Designee, is authorized to execute the
development agreement to document conditions, roles, and responsibilities between the
City and the Developer associated with street, bridge, drainage, parks, hike and bike
trail, water distribution system. and other ancillary infrastructure improvements required
to complete the Project.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as ar emergency this the 15th of May, 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED AS TO FORM: May 10, 2007
Gy V1?. Smith
Assistant City Attorney
For the City Attorney
. S1
7a,5- l51Qrsi-Auth QgvAamt- TerraMar..oc
Page 2 of 2
Corpus Christi, Texas
Day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H: \LEG -D! R \Shared \GaryS\agenda\200715 -15 \Ord - AuthDevAgmt- TerraMar.doc
21
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Crime Control and Prevention District Quarterly Project Update
STAFF PFESENTER(S):
Plme
1. K. A. Btmg
2.
OUTSIDE PRESENTER(S):
Title/Position
Asst Chief of Police
Department
Police
lane Title/Position Organization
1. B Pool Chairman Crime Control and Prevention
District Board of Directors
ISSUE: The Crime Como' and Prevention District Board gives quarterly project
updates to the City Council.
BACKGROUND: The proposed FY 0708 budget and current projects will be
reviewed.
REQUIRED COUNCIL ACTION: None
K. A. Bung
Assistant Chief of Police
22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: May 15, 2007
AGENDA ITEM: Overview of Public- Private Partnerships for Retail Development in the
State of Texas
CITY STAFF PRESENTER(S):
Nae Title Dept/Div
Oscar Martinez Assistant City Manager ACM - Administrative Services
Irma Caballero Director Economic Development
ISSUE: To brief the Council on projects similar in scope to Crosstown Commons,
municipal entities were surveyed to determine what, if any, public investment has been
provided for other large retail projects throughout the State.
Irma Caballero, Director
Economic Development
PUBLIC /PRIVATE PARTNERSHIPS
LARGE RETAIL PROJECTS IN TEXAS
MAY 2007
City of Corpus Christi
Economic Development Office
12 Cities Surveyed
AUSTIN GEORGETOWN
BUDA HIGHLAND VILLAGE
DALLAS PLANO
EDINBURG SOUTHLAKE
FORT WORTH SAN ANTONIO— no response
GARLAND HOUSTON— no response
1
INFORMATION REQUESTED
Date development opened
Developer and private investment amount
Value to City & investment amount
Obstacles encountered
Pull
How were incentives packaged
Economic Impact
The Domain
Austin
Lifestyle center opened February/ March 2007 with an
investment of $138 million by Simon Property Group.
City required performance objectives:
• Firm date for start of construction
• $1 minion of construction budget targeted to assist small
local businesses to locate at the project
• 1100 permanent jobs created
• Good Faith efforts to comply with City policy for
Minority/Women Owned Business Enterprises
• Minimum of 300 units meet S.M.A.R.T. Housing Criteria
with 10% of units meeting affordability guidelines.
2
The Domain Highlights
700,000 square feet of luxury fashion and restaurant space. Retailers that
include Barneys CO -OP, CALYPSO, Intermix, Tiffany & Co., the city's first
Neiman Marcus and restaurants like Jasper's and Kona Grill.
The 57 -acre first phase of this mixed -use project includes an upscale Main
Street center anchored by Macy's and Neiman Marcus, nine first -class
restaurants, 75,000 square feet of Class A office space, 400 high -end
apartments and a full- service hotel
Residences at The Domain puts a five star shopping center at your home's
doorstep
With The Domain's ideal location and exceptional amenities convenient
parking and wifi connectivity, Offices at The Domain is the most desired
workplace in Austin.
Concerns /Obstacles
Lawsuit over structural weakness in
380 Agreement
3
City Incentives
25% Property tax reimbursement for 20
years
80% of City's one percent sales tax
revenue rebated for 5 years
50% of City's one percent sales tax
revenue rebated for 15 years
2% of the City's one percent sales tax
revenues deposited in the Austin Housing
Finance Corporation
Investment Value
Total value of City's investment capped at $25 million
over 20 year period
Economic Impact
$40 million in new sales and property taxes over 20 year
period
$18 to 20 million estimated revenues to Austin Energy
during 20 year period
Austin does not generally provide incentives to retail
projects. Exceptions are made when a project
supports a City goal or addresses a problem area
4
Firewheel Center
Garland
First Lifestyle Center in Texas, agreement
reached 1999, center opened 2005
Investment of $125 million by Simon Property
Group.
City experiencing leakage to Dallas, Plano and
Richardson, sought to improve sales tax
revenue
Economic analysis completed, City determined
project would be catalyst for other development
City Incentives
Total package = $45 million
$21.8 million in public improvements (voter approved)
which included right of way purchases, infrastructure
(internal and external roadways) and,
380 Agreement - Tax Rebates up to $15 Million
12.5% rebate of sales tax for up to 15 years
First five years City gets first $750,000 in sales tax,
developer gets balance
Next 10 years City gets first $1,000,000, developer
gets balance
5
Economic and Other Impacts
To date projected new tax revenues on target, not in
business long enough to determine trend
Experienced pull with Dillards and Black and White
Market
City's retail very limited pull considered minimal
After Firewheel, Bass Pro Shops located in Garland and
City started getting East Texas Trade
Project considered highly successful, did not report any
negative impacts
Montgomery Plaza
Fort Worth
Multi -story Lifestyle Center in a redeveloped historic building
Weber & Company provided private investment of $51.2 million
City performance requirements:
Minimum investment of $51.2 million
Good faith effort to comply with City's Minority and
Women Owned Business Enterprise Policy
Good faith effort to ..ise local vendors
6
City Incentives
380 Agreement
Incentive $19.8 Million
100% of City one cent sales tax in the
project area rebated for 20 years
100 % of City's property tax increment
rebated for 20 years
Tax Abatement for One Year for Plaza and Super
Target
Concerns /Obstacles
Historic Preservationist concerned about
changes to the building's facade
Environmental remediation needed
Tornado Damage
7
Economic and Other Impacts
500 New Jobs
$85.8 million in new retail realized without public support
Projected New Tax Revenues on Budget
Other
No Pull Experienced
Added new grocery store
Vacant building redeveloped
Wolf Ranch Town Center
Georgetown
Lifestyle Center opened December 2005
Investment of $110 million by Simon
Property Group
City experiencing sales tax leakage
8
City Incentives
Total $29 million (performance based tax sharing)
$15 million sales tax rebate over 20 years
(paid at no more than 53% of the annual 1%
sales tax)
$10.5 million for road improvements
(4B sales tax rebate)
$3.5 million in public utility improvements
(revenue bonds)
Concerns /Obstacles
Residents felt City should not provide
public incentives for retail development
Project controversial, City Council
requested a return on investment study
(paid by Developer)
9
Economic and Other Impacts
$88.4 million annual impact (combined
revenue streams)
1,650 direct, indirect & Induced employment
generating $24.6 million in wages
Total Value Added = $49.9 Million
No Pull Experienced
South Lake Town Square
Southlake
Lifestyle Center (phase one) opened 1999
Private investment amount not available
City needed to increase tax revenues
And
Sought to Improve Quality of Life for the
Community
10
Incentives
Total incentive package $19.5 million for 20
year period
TIF reimbursement $7.5 million for construction
costs associated with parking garages (to be
deeded to City), full payment due 2018
380 Agreement 80% of sales tax over 20 years
up to $12 Million (40% reimbursement of public
infrastructure and 100% reimbursement of public
park improvements)
Concerns /Obstacles
Residents felt Center would
drastically change their quiet
community
11
Economic Impact
Phase 1 improvements generated $5
million in tax revenues in 2004
Locally based tax revenues estimated at
$4.4 million per annum.
2000 Jobs Created
Mockingbird Station
Dallas
Multi -story Lifestyle Center opened April
2007
Developer (European investment group)
invested $100 million in development and
$50 million for railway system
No other details available as there was
no public investment
12
Conclusion
The research suggests that some communities in Texas are using
public /private partnerships for large retail development. Most of the
projects are new and overall impact cannot be determined at this
time
A Public/private partnership should be carefully evaluated to
determine if the approach is right for our area. One or more of the
following techniques may be considered:
Cost - benefit analysis (comprehensive /takes time)
Fiscal impact analysis (public cost + public revenue)
Economip impact analysis (Jobs, tax revenues, investments with
impact both direct and indirect with a multiplier effect)
13