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HomeMy WebLinkAboutAgenda Packet City Council - 07/10/2007CITY COUNCIL AGENDA JULY 10, 2007 Corpus Christi A11- America city 0 1 :45 A.M. - Proclamation declaring July 14, 2007 as "Corpus Christi Sharks Pack the House Day" "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 JULY 10, 2007 10 :00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City secretary. Si Listed desea dirigirse a1 Concilio y cree clue su ingl s es limitado, habra un int rprete ingl s -espar o/ en Codas las juntas del Concilio Para ayudarte. 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 Arnold Zuniga, The Lord is Peace Worship Center. 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 Nelda Martinez Council Members: Melody Cooper City Manager er George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel) City Secretary Armando Chapa Bill Kelly Priscilla G. Leal John E. Marez Michael McCutchon B. MINUTES: 1. Approval of Regular Meeting of June 26, 2007. (Attachment # 1) Agenda Regular Council Meeting July 10, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS &COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Cable Communications Commission * Planning Commission * Sister City Committee 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 are emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after- the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS S ES L TIONS ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (Atthis point the council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving the purchase of a Bomb Response Vehicle from Advanced Containment Systems, Inc., of Houston, Texas for a total amount of $333,656. Funding is made available through the Homeland Security 2006 -2008 Law Enforcement Terrorism Prevention Program (LETPP) Grant. (Attachment # 3) Agenda Regular Council Meeting July 10, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4. Motion approving the purchase of library furniture from the following companies forthe following amounts in accordance with Bid Invitation No. B1-0178-07 based on only bid, low bid meeting specifications and low bid for a total amount of $98,459.80. The library furniture will be installed at the newly remodeled Northwest Branch Library. Funds are available in the Library 2007A Capital Improvement Project Fund. (Attachment # 4) Brodart Company McEIhattan, PA Group Nos.: 1 -3, & $86,805.10 Business Interiors of Texas Corpus Christi, TX Group Nos. 4 & $11,654.70 Grand Total: $98,459.86 5. Motion approving the purchase of an upgrade to the security access control system at the Corpus Christi International Airport from Metroplex Control Systems, of Dallas, Texas based on the Cooperative Purchasing Agreement with the State of Texas, for a total amount of $45,139.19. Funds have been budgeted by the Aviation Department in FY 2006 -2007. (Attachment # 5) 6. Motion approving supply agreements with the following companies for the following amounts for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. BI- 0108 -07 for an estimated semi- annual expenditure of $776,584 of which $64,715.34 is budgeted for the remainder of FY 2006-2007. The term of the agreements shall be for six months with options to extend for up to five additional six-month periods, subject to the approval of he suppliers and the City Manager or his designee. Funds have been budgeted by Street Services in FY 2006 -2007 and requested in FY 2007 -2008. (Attachment # 6) Bay LTD. for us Christi TX Primary Supplier Bid Item 1 -2 $652834 HAG Materials, LTD. C r. us Christi. TX Secondary Supplier Bid Item 1 -2 $1 23,750 Grand Total $776,584 Agenda Regular ar Council Meeting July 10, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Motion approving the purchase of traffic control equipment from the following companies for the following amounts in accordance with Bid Invitation No. 1- 0181 -07 based on low bid and most advantageous bid for a total amount of $107,092. Funds have been budgeted by the Street Department in FY 2006 -2007. (Attachment # 7) Paradigm Traffic Systems, Inc Fort Worth,TX item Nos.: 1, 2, and 5 $68,532 . Texas Highway Products LTD. Round Rock TX Item Nos.: 3 and 4 $38,560 Grand Total: $107,092 8. Motion approving the purchase of one 1 prefabricated storage building from Safety Storage, inc., of Charleston, Illinois in accordance with Bid Invitation No. 1 0170 -07 based on only bid fora total amount of $54,368. The prefabricated storage building will be delivered and installed at the J. C. Elliott Transfer Station located at 7001 Ayers Street. Funding is available in the Solid Waste Grant fund and 2004 Capital Improvement Program Fund. (Attachment # 8) 9. Motion approving the purchase of a mobile license plate reading system from AutoVu Technologies, Inc., of Montreal, Quebec, Canada, based on sole source for a total amount of $26,250. The mobile License plate reading system will be used by the Police Department. Funds are available through the Police Department Grants. (Attachment ## 9) 10.a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $14,000 Coordinated Community Approach to Promote Wellness (CCAPWELL)grant from the Texas Department of State Health Services to develop a strategic plan to promote wellness. (Attachment ## 10) 10.b. Ordinance appropriating a Coordinated Community Approach to Promote Wellness CLAP ELL grant from the Texas Department of State Health Services in the amount of $'14,000 in the No. 1067 Parks and Recreation Grants Fund to develop a strategic plan to promote wellness. (Attachment # 10) Agenda Regular Council Meeting July 10, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Ordinance appropriating and transferring $01,1 37.13 of unappropriated interest earnings from Water Capital Improvement Program Fund 4080 to and appropriating in the Utility System Debt Service Fund 4400; appropriating $3,086,70 of unappropriated interest earnings and transferring $31,618.87 from Water 1994 Capital Improvement Program Fund 4081 to and appropriating in the Utility System Debt Service Fund 4400; appropriating $ 18,61 6.35 of unappropriated interest earnings and transferring $96,303.85 from Water 1995 Capital Improvement rer ent Program Fund 4082 to and appropriating in the Utility System Debt Service Fund 4400; and appropriating $2,204,201.01 of unappropriated interest earnings and transferring $2290,674.36 from Water 1999 Capital Improvement Program Fund 4083 to and appropriating in the Utility System Debt Service Fund 4400 to be applied to the FY 2006 -2007 debt service payment; amending the FY2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $2,312,041.25; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and appropriations by $2,509,734,21 each. (Attachment ## 11) 12. Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $429,700 for the O. N. Stevens Water Treatment Plant chlorine Evaporator Replacement, (Attachment # 12) 13. 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 $44,920.45 for the Fire Station No. 11 Driveway Repairs Project. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the Engineering Services Contract with Pierce, Goodwin, Alexander, and Linville (PGA.), Inc., of Dallas, Texas in an amount not to exceed $327,800 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects. (Attachment ## 14) Agenda Regular Council Meeting July 10, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15.a. Motion approving the Sanitary Sewer Construction and Reimbursement ent Agreement submitted by Al Development, Inc., owner and developer of Airline Crossing Unit 1 located south of Lipes Boulevard and west of Airline Road for the installation of 1,486- Iinear feet of a 12 inch PVC sanitary sewer collection line. (Attachment # 15) 15.13. Ordinance appropriating $99,600 from the Sanitary Sewer Collection Line Trust Fund No. 540450- 4220 -21 801 to pay Al Development, Inc., for the installation of 1,486- linear feet of a 12- inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Airline Crossing Unit 1. (Attachment ## 15) 16. Second Reading Ordinance - Authorizing the City Manager or his designee to execute a twenty -year lease with the Tulo o -Mid gray Independent School District to lease approximately ately .42 acres out of West Guth Park for District tennis court facilities. (First Reading 6/12/07) (Attachment # 16) 1. PUBLIC HEARINGS: ZONING CASES: 17. Case No. 0407-05, Anthon 's Aveda Salon: A change of zoning from a "R-1B" One - family [welling District to a "B-1" Neighborhood Business District on property described as Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and Jacquelyn Drive, approximately 200 feet east of Everhart Road. (Attachment # 17) Planning Commission and Staff's Recommendation: Denial of the "B-1" Neighborhood Business District and, in lieu thereof, approval of a Special Permit subject to a site plan and four (4) conditions. Agenda Regular Council Meeting July 10, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Anthony's Aveda Salon, by changing the zoning map in reference to Claremont Place, Block 1, Lot 1, from "R-1 B" One-family Dwelling District to "R-1B/SP" one - family Dwelling District with a Special Permit for a parking lot, subject to a site plan and four (4) 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. 18. Case Flo. 0407-06, Christ Community Church &rmerly known as "Myrna . Puga"): A change of zoning from a "F-R" Farm -Rural District to a "B-4" General Business District on the easterly 3.82 acres (Tract 1 and an "AB" Professional Office District on the westerly 3.84 acres (Tract 2) of Christ Community Subdivision, Lot 1, located on the west side of Rodd Field Road, approximately 375 feet south of Holly Road. (CASE WITHDRAWN AWI BY APPLICANT) (Attachment # 18) Planning Commission and Staffs Recommendation: endation: Approval of a "B-4" General Business District for Tract 1 and an "AB" Professional Office District for Tract 2. ORDINANCE lCE Amending the Zoning Ordinance, upon application by Christ Community Church (formerly known as "Myrna B. Puga"), by changing the zoning map in reference to the easterly 3.82 acres (Tract 1 of Christ Community Subdivision, Lot 1 from "F -R" Farm Rural District to "B-4" General Business District; and to the westerly 3.84 acres (Tract 2) of Christ Community Subdivision, Lot 1, from "F-R" Farm Rural District to "AB" Professional Office 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. Agenda Regular Council Meeting July 10, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. Case Igo. 0507 -11, The Lakes at King Estates Inc.: A change of zoning from a "RE" Residential Estate District to a "R-IA" One- family Dwelling District on property described as 84.836 acres out of the north 1/2 of Section 32, Laureles Farm Tracts recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, located south of King Trail off of South staples Street. (Attachment # 19) Planning Com ission and Staffs Recommendation: Denial ofthe 1`R -1 A" One-family Dwelling District and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for the entire subdivision subject to twenty -one 21 conditions. ORDINANCE Amending the Zoning Ordinance, upon application by The Lakes at King Estates, Inc., by changing the zoning map in reference to 84.836 acres out of the North '� of Section 32, Laureles Farm Tracts, from "RE" Residential Estate District to "RE/SP" Residential Estate District with a Special Permit subject to twenty- one 21 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. 20. Case No. 050 - o, E treme Homes of Texas, LLC: A change of zoning from a "R -1 E" One-family Dwelling District to a "R-1 C" One-family Dwelling District on property described as 26.50 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road. (REQUEST BY APPLICANT TO TABLE UNTIL 7124/07) (Attachment # 20) Planning Commission and Staffs Recommendation: Approval of a "R -1 C" One-family r Dwelling District. Agenda Regular Council Meeting July 10, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, LLC, by changing the zoning map in reference to 26.50 acres out of 35 acre tract, from "R-1B" B" One - family Dwelling District to "R-1C" C" 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. J. SPECIAL BUDGET PRESENTATION: 21. Overview of Proposed FY 2007 -2008 Budgets for Enterprise Funds (Attachment # 21) K PUBLIC HEARING ON PROPOSED BUDGET: 22. Proposed FY 2007-2008 Operating Budget. (Attachment # 22) L. REGULAR AGENDA CONSIDERATION of MOTIONS RESOLUTIONS, AND ORDINANCES -- - - - 23. Ordinance appropriating $2,002,327 from estimated excess revenues over expenditures in the No. 1020 General Fund for "one time" expenditures in the FY 2006 -2007 Operating Budget including: Police vehicles $155,000; books for new Southside Library $370,000; 2 ambulance remounts $160,000; refurbishment of 18 garbage trucks $544,000; Parks and Recreation vehicles and equipment $315,000; Street maintenance $500,000; Animal Control vehicles $80,000; Fire vehicles $156,000; Fire station repairs $50,000; Downtown improvements $50,000 and buydown of lease purchases $522,327; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and appropriations by $2,902,327 each. (Attachment # 23) M. PRESENTATIONS: ►TIONS: (NONE) Public comment will not be solicited on Presentation items. Agenda Regular Council Meeting Jul y 10, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. PUBLIC COMMENT FROM THE AUDIENCE 1 MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12 :00 P.M. OR AT THE END of THE COUNCIL MEETING, WHICHEVER IS EARLIER. . PLEASE LIMIT PRESENTATIONS S T 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 R NAM , ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City secretary.) Si usted se dirige a la junta y tree que su ingl s es limitado, habra un int rprete ingl s- espahol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE DIENCE S ALL 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 18 NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT DMENT RIGHTS. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 24. Executive Session under Texas Government Code Section 551.074, Personnel Matters, for deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action related thereto in open session. Agenda Regular Council Meeting July 10, 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. 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. 25. CITY MANAGER'S REPORT Upcoming Items 26. MAYOR'S UPDATE 27. COUNCIL AND OTHER REPORTS Q. ADJOURNMENT: IT: POSTING STATEMENT: This agenda was posted on the City's officio) bulletin board at the front entrance to City Hall, 1201 Leopard Street, at r_C 0 p.m., July 6, 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. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 26, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tara Nelda Martinez Council Members: City Staff: Melody Cooper* City Manager George K. Noe Larry Elizondti, Sr. City Attorney Mary Kay Fischer Mike Hummel) City Secretary Armando Chapa Bill Kelly Priscilla Leal Michael McCutchon John Marez ** *Arrived at 12:06 p.m. **Arrived at 11 :23 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Sam Gutierrez of Cornerstone Church and the Pledge of Allegiance to the United States flag was lad by Council Member Mccut hon. Mayor Garrett called for approval of the minutes of the Retreat meeting of June 5, 2007 and Regular Council meeting of June 19, 2007. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointment was made: Civil Service Board /Commission Eileen Butler (Reappointed) * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (items 3 - 10). Mr. Errol Summerlin requested that Item 4 be pulled for individual consideration. Council member Leal requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007-160 Motion approving a contract with Wells Fargo Merchant Services, LLC, of Melville, New York for establishment of a merchant services account in accordance with Request for Proposal No. BI-0088-07 for an estimated annual expenditure of $107,561.65 of which $8,963.47 is budgeted in FY2006-2007. The account will establish credit/debit card service for approximately eleven City revenue collection locations throughout the City. Funding is budgeted in the various using departmental operations budgets. Minutes — Regular Council Meeting June 26, 2007 — Page 2 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 5.a. RESOLUTION NO. 027316 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the 2007 Edward Byrne Justice Assistance Grant (JAG) Program Award. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, M Cut h n, and Martinez, voting "Aye "; Cooper and Marez were absent. 5.11 RESOLUTION I NO, 027317 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $236,403 to the United States Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2007 Edward Byrne Memorial Justice Assistance Grant, 50 percent of the funds to be distributed to Nueces County under the established Interlocal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 7. RESOLUTION NO. 027319 Resolution authorizing the City Manager or his designee to execute a letter of commitment to provide funding through the Corpus Christi Business and Job Development Corporation in the amount of $135,000 related to the WarkSaurce of the Coastal Bend grant application for the YouthBuild program to provide affordable housing. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 8. j/1OTIQN NO. 2007-162 Motion authorizing the City Manager or his designee to execute a construction contract with Advantage Electrical, of Corpus Christi, Texas in the amount of $51,900 for the Animal Caret e t r Control Alternate Power Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 9. MOTION NO. 2007-163 Motion authorizing the City Manager or his designee to execute a construction contract with The Anchor Gr up, inc. of New Braunfels, Texas in the amount of $ , for the Sports Minute — Regular Council Meeting June 26, 2007 — Page Field Fencing improvements for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Cooper and Marez were absent. 10. MOTION N . 2007-164 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Robert C. Sanchez and wife, Irma V. Sanchez in the amount of $88000 plus ,500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 1, described as Lot 15, Block 14, Gardendale 3, with the street address of 4910 Williams Dr., necessary for traffic congestion management (Williams Drive Alternate Access). (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez Mare were absent. Mayor Garrett Opened discussion on Item 4 regarding security access gates for the Wastewater Treatment Plants. Errol Summerlin, Texas Grande Legal Aid and representative of the Hillcrest Neighborhood Association, said that if staff had followed the direction of Mayor Mary Rhodes in 1997 to close the Broadway Wastewater Treatment Plant, the purchase of security gates would be unnecessary for that facility. Council Members asked questions regarding the number of gates at the Broadway Treatment Plant and if the purchase of security gates was mandatory. Director of Wastewater Foster Crowell said that the Broadway Plant has two gates and that the security requirement is mandated by the federal government. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2007-161 Motion approving the award of security access gates for the Wastewater Treatment Plants with Total Protections Systems, inc., of Corpus Christi, Texas for a total amount of $765,351.55. Funds are available in the 2007 Wastewater Capital Improvement Program Fund. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; "; Coo per and Marez were absent. Mayor Garrett opened discussion on item 6 regarding a grant application for the FY2007- 2008 Community Youth Development (CYD) Program. Council Member Leal asked questions regarding transportation for the youth of the 78415 area and if the money was guaranteed to go to 78415 residents. Director of Park and Recreation Sally Gavlik stated that the applicants of the grant funding must provide services in the community or provide transportation and that the grant follows strict guidelines and an audit process. Ms. Leal asked staff to provide a presentation or report on how many children are provided service through the 78415 program and program funding. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting June 26, 2007 — Page 6. RESOLUTION NO. 027318 Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2007 -2008 78415 Community Youth Development (CYD) Program, with $500,000 DFPS funding. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, M Cut h n, and Martinez, voting "Aye "; Cooper and Marez were absent. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0507-07, Noe Nilo Ortiz: A change of zoning from a "R-1 Bin" One - family Dwelling District with the Island Overlay to a "B -2A11» Barrier Island Business District with the Island Overlay on property described as Padre Island Section E, Block 2, Lots 19, 20, and 21, located on the corner of Leeward Drive and Aruba Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B -2A1I" Barrier Island Business District with Island Overlay. Noe Nilo Ortiz, representative of the property owner, thanked the Council for their support of the recommendation. lir. Kelly made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for th ir v t as follows: 11. QBD1NANCENO. 027320 Amending the Zoning Ordinance, upon application by Noe Nile Ortiz, by changing the zoning map in reference to 0.77 acres out of Padre Island Section E, Block 2, Lots 19, 20, and 21, from "R-113/10" One- family Dwelling Ditritllsland Overlay to '`B -2A11" Barrier Island Business District/Island Overlay; 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, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Operand Marez wer absent, Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0507-08, Yalee Shih: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District on property described as Bratton Place, Block 1, Lots 1 through 4 and the northeast fifteen feet of Lot 5, located on the east side of Weber Road, approximately 350 feet south of Brett Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "B-1" Neighborhood Business District. Minutes — Regular Council Meeting June 26, 2007 — Page 5 No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes p ga by as follows: 12. ORDINANCE NO. 027321 Amending the Zoning Ordinance, upon application by Yalee Shih, by changing the zoning map in reference to .7 acres (30,705- square feet) out of Bratton Place, Block 1 Lots 1 through 4 and the northeast fifteen 15 feet of Lot 5 from "AB' Professional Office District to "B-1" Nei hb rh od 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, Elizondo, Hummell, Kelly, Leal, M Cut h n, and Martinez, voting "Aye "; Cooper and Marez were absent. Council Member Hummell referred to Item 11 and asked if it was a common practice to rezone a ro because the owner is having trouble selling the property. City Planner Shannon property � consistent with Murphy stated that this practice was common as long as the change in zoning was o the future land use map. City Secretary Chapa announced that Item 13 was withdrawn by the applicant. 13. WITHDRAWN City Secretary Chapa referred to Item 12, regarding the public hearing on the following ty �` p zoning case: Case 1o. 0507 -01 Extreme. Homes of Texas, L.L.C._ A change of zoning from a "R-1 B' One-family Dwelling District to a " -1 �a Neighborhood Business District on property described as 1.93 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately t 350 feet from the intersection on McKinzie Road. i Secretary Chapa announced that this zoning case had been tabled from June 12, 2007 City � p and the applicant has requested to extend the table until July 24, 2007. Council Member Kelly said 1 -Midwa Independent School District will be discussing this item on July 16th and that Tu � y p d the to allow arrangements by the school district and the property owner. Mr. reoorr� ende g Kell Y made a motion to table until July 24th, seconded by Ms. Leal, and passed. 14. TABLED TO JULY 24, 2007 Minutes — Regular Council Meeting June 26, 2007 — Page RPl I-GANT TO TABLE UNT4L--742440-74 * * * * * * * * * * * * Mayor Garrett opened discussion on Item 22 regarding a grant application for the enhancement of voice int r p rability on the 800 MHz radio System. Assistant Chief Ken Bung referred to a p w rp int presentation including a summary of the grant; a map of the current 800 MHz system; the agencies currently on the radio system; the proposal to include Aransas County, the City of Rockport and the City of Port Aransas Police, Fire, and EMS and the purchase of equipment to enhance the 800 MHz system; a proposed map of the full implementation linking the Coastal Counties; and the request by the City of Corpus Christi. In response to Mayor Garrett, Assistant Chief Bung provided a fist of the repeater sites. There were no mrnts from the audience. City Secretary Chapa polled the Council for their v tes as follows: 22. RESOLUTION NO. 027323 follows: Resolution authorizing the City Manager or his designee t submit a grant application in the amount of $2,017,550 to the United States Department of Justice, Office of Community Oriented Policing Services for fundin eligible under the COPS 2007 Technology Program Grant. Funds will be used for the enhancement of voice int r perability on the 800 MHz radio system, with a City match of $672,517, fora total grant application of $2,690,067; and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, M Cut h n, and Martinez, voting "Aye "; Cooper and Marez were absent. * * * * * * * * * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as 23. Executive session under Texas Government Code Section 551.071 regarding Arnulfo Garcia v. City of Corpus Christi; Civil Action No. 06-198; in the United States District Court, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. * * * * * * * * * * * Mayor Garrett referred to Item 15, a presentation on the final report on the 80th Texas Legislative Session. Special Assistant to the City Manager Tom Utter provided a summary of the legislative program including: franchise fees; state hotel tax for beach maintenance; mandated fees; municipal court costs; protection of water rights; transportation; manufactured housing; annexation authority; condemnation authority; redemption periods; CHIPS funding; higher education; crime or emergency service districts; court of record; photographic traffic signal enforcement; dangerous dog bill; air quality; environmental issues; economic development; property tax exemption; delinquent sales tax; and the open meetings act. Minutes — Regular Council Meeting June 2 ,2007 —Page7 Council Members asked questions regarding CHIPS enrollment and the General Land Office using the Bureau of Economic Geology data for future beach maintenance. Tim Brown spoke regarding water i ue and Senate Bill 3. Snapper Carr spoke regarding the water debates. Hugo Berlanga spoke regarding the red Tight system. Todd Hunter said it was an honor to represent the city on legislative issues and pledged to continue. The Mayor and Council Members thanked Tom Utter for his service to the City and assistance with the legislative session. City Manager Noethanl ed the delegation including Snapper Carr, Tim Brown, Hugo Berlanga and Todd Hunter. Mr. Noe thanked Mr. Utter for his years of dedication, knowledge and expertise in the legislative program. Mayor Garrett called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke y Bray, s ke regarding the cleanliness of the bay and the use of street sweepers. Jack Gordy, 411 g g regarding an article stating that the City is at risk of losing road construction funding because of the use of illegal signs. City Manager Noe said there was no relation between the article and the issue f of the signs. J.E. O'Brien, 4130 Pompano, provided a handout from the City's financial statement and spoke regarding the City's total debt and utility increases. John Torrey, 7253 Yaupon Drive, spoke oke re ardin staffs conclusions on Grade 1 and 11 specifications for crushed concrete. Mayor Garrett announced that Item 16, an overview of the Proposed FY2007-2008 Budgets for the Enterprise Funds was postponed. Mayor Garrett referred to item 17, a presentation by Trademark Property Company regarding the Proposed Re- development of Padre Staples Mall and the Staples Center. Debbie Lindsey-Opel and Jimmy Rodriguez introduced the Trademark representatives and provided a background of the company. Terry R. Monte i, President/CEO of Trademark Property Company, referred to a powerpoint presentation including: an overview and purpose of the Trademark examples le of Trademark projects; the vision for the revitalization of Padre p Staples Mali; community benefits; three scenarios for the community; and the results of a survey. Dr. Ray Perryman, The Perryman Group, spoke regarding retail development; incentives for retail; cannibalizing the a istin retail market; the results of the ERA study; the economic impact of } buildin g Crosstown Commons as proposed; the economic impact of upgrading and expanding Padre Staples Mali and the addition of 1.1 million square foot range Crosstown Commons development; and the effects of a Tax Increment Finance (T1F) projections. Stan Eichelbaum, President of Marketing Development, provided a summary of main findings for p tential and risk including the following: the challenges of specialty shops ;the increase in retail square feet ca er capita; research on the attempts of two specialty department stores failing or p p collapsing; economic distress; overexpansion per the market; second stores policies; site of Padre Step comparable arableto other sites; problems with the ERA study; market leakage; and the potential and vulnerability of Padre Staples Mali. Mr. Eichelbaum added that he advised Trademark to consider,a non-specialty appropriately sized quality retail project if there is a developer need ed for Crosstown Commons. Minutes — Regular Council Meeting June 26, 2007 — Page 8 Council members asked questions regarding whether Crosstown Commons would achieve the status of a regional shopping center at the 1.1 million square foot range; sales leakage; the reason why Padre staples Mail could not survive if the relocations are capped at 30 %; why existing companies s ould not retain quality tenants; the use ofTlFfunds; tenants that anchor large shopping centers; the Tax Incentive Policy; cannibalization of sales tax from neighboring municipalities and existing markets; percentage rate of return, personal income and retail sales per capita; TIF proposals that include on -site infrastructure; the recommended percentage of retail space relocation; best geographic retail location for Corpus Christi; the retail square feet per capita; anchor stores located at Padre staples; specialty retailing; the population required for Corpus Christi to accommodate two major shopping centers and anchors of other Trademark projects. Mayor Garrett referred to Item 18, a presentation by Economics Research Associates (ERA) regarding the Economic omi Impact of Retail /Mixed Use Development Projects proposed by CEO /Hawkins Group. Dick Starr, Senior Vice President of ERA, provided a brief summary of the Economic Impact Assessment of the proposed Crosstown Commons mall based on the market data currently available including the impacts projected; the Crosstown Commons visitor activities and attractions; goals for increasing employment opportunities, tourism, enhanced quality of life, traffic issues, and other related economic priorities; and the economic impacts including the building program, operating program for sales tax and property tax, and other tax revenues. Council members asked questions regarding the factors that determine the projections of retail sales dollars; the factors of the project that will draw new retailers and customers; capturing of sales leakage; if Cro stown Commons has to have one or more an hors from Padre Staples Mali to be a successful enterprise; the attractions data; the determination of a department store; if Padre Staples Mall could survive as a viable shopping center if Crosstown Commons is built; traffic issues impact on South Padre Island Drive; the retail sales tax impact; the estimated Crosstown Commons annual property taxes; the net amount of job growth; population expansion of the metropolitan statistical area; net economic gain for the future; the dimensions of the completed project; the site build -out expectations; the impact of the analysis should the market dictate the development; multiplier of a retail center; the perimeters of a TIF one; the revenue split; and the percent of sales from existing market. * * * * * * * * * * * Mayor Garrett opened discussion on Item 19 regarding the City of Corpus Christi Tax Incentive Policy. Irma Caballero, Director of Economic Development, referred to a powerpoint presentation on the redrafted policy including policy sections; appliability; guiding principals (including the addition of Section H. regarding employment of an undocumented worker); other taxing entities; the initial review; requirements of new large retail projects, large projects and redevelopment; city review; financial requirements other policy considerations and fees. Ms. Caballero added that the Small Business Policy would be provided to Council at a later date. Council members asked questions regarding the cap on the incentive payment at 15%; proposals not exceeding 25 years; the City's protection if bond payments are not made; policy consideration for contractors that pay higher than the local average; the establishment of a relocation percentage; monitoring the compliance requirements of the goals and utilization of local contractors and suppliers; the entity that will determine relocation percentage; the defining of off- -site infrastructure; the creation of the local government corporation, obligation of bonds and bond capacity; a definition of relocation that excludes small business; the checks and balances of the TiF; incentive requirements; net economic impact; the developer's pro forma; performance requirements; audit and monitoring procedures; the Public Improvement District; the timeframe for relocation; and second stores. Minutes — Regular Council Meeting June 26, 2007 — Page 9 Mayor Garrett called for comments from the audience. Charlie Torres, Coastal Bend Union II said the union passed a resolution in support f the Crosstown Commons development and Council, p the use of local contractors and craftsmen. Tom Negly, Bay Area Bicycles, spoke in opposition of a TIF incentive. Mike Moore spoke in support of Padre Staples Mali and slowing down the process. Margo Moore, 7401 Holly, spoke regarding the relocation of existing retail. Rick Leiter, Marketing Director of Padre Stap les Mall, provided definitions from the International Council of Shopping Center's web site and asked to slow down the process. Hal George, 5350 S. Staples, asked the Council to slow the process down to receive sufficient public input. Hugo Berlanga, asked the it to slow down the process. Beth Mills, Bourbon Street Candy Company, spoke in support of Council p slowing down the process and delaying the vote for at least 30 days. Caitlin Bevly p oe regarding the T1F policy and asked the Council to slow down the process. Moore spoke regarding the relocation of retail stores and the use of tax incentives. � p Amanda Sanchez, 5392 County Road 73A, spoke in support of Padre Staples Mali and provided the Council with comment cards from shoppers. Joe Ortiz, 371 Mendenhall, spoke in support f the you olio the Crosstown Common project, and minority participation for the project. Butch TIF policy, Escobedo, 3 Great Lakes, expressed his concerns regarding new and existing buy ines , n -site development and a TIF for small businesses. Dr. Nick Adame asked the Council to slow down the and look at the impact to small businesses. Carol Scott, 338 Bermuda, spoke in support f process d p Padre Staples Mali and expressed concern to the policy including the financial comparison, relocation, and the local g overr ment corporation. Susie Luna Saldana, 4710 Hake!, spoke in support of City growth. victoria Brown, Weingarten arten Realty Investors, spoke regarding cannibalization of existing retail. Abel Alonzo, 1701 Thames, spoke regarding economic development and improving the reta a p uali of life. Arnold Gonzales asked the Council to slow down the process and delay the issue. quality letta �cheinder, Devita Bates, 3121 Bourgo r , spoke regarding the confusion of the TIF policy. Pau , 10614 Shiloh Lane, spoke regarding anchors preventing the renovation of the mall and asked the p g g council to slow down the decision of the policy. Leon Loeb, 921 N. Chaparral, spoke regarding the subsidizing of new retail development and major projects and the fairne s t small business owners. David Engel, 230 Amistad, spoke in support of City growth, the development of Crosstown ' p Drive, asked the Commons and redevelopment of Padre Staples Mall. Charles Kaffie, 2717 Ocean t Council not to delay the vote and miss the opportunity for City growth. Wes Bevly, 3368 FM 2 2, p oke in support of Padre Staples Mali. Lynn Allison asked the Council to slow down the process and review the information provided by the experts. Debbie you p Lindsey-Opel, 15862 Cu lark, spoke in support of City growth but asked the Council to slow down h process. John Kelley, 3621 Austin, said that retail is not economic development unless it is the p y� ii"1 ss and stated that the plan for economic development is much bigger than the TIF small business p 1. Jimmy Rodriguez, 4002 U River Road, spoke regarding crafting a vision for small propcsa �! y Up businesses and supporting local retail. Sean Bevly, asked the Council to slow down and review the pp g policy sot that both the Crosstown Commons and Padre Staples Mali revitalization can occur. David Loeb, spoke regarding ub idi in g the TiF, the disadvantage to small businesses, future investments and slowing down the process. Nanita West, 13941 Man °'War, spoke ire opposition of the TIF and slowing down the process. Carolyn Moon spoke regarding the effects of the project and slowing down the process. p p George Glower, 415 Starr, spoke regarding relocation percentage, protection of existing retail and in information provided. Dr. Nancy Vera, President of LULAC #4444, spoke in support of a the polling p TIF. John Bell, 18750 Primavera, spoke in support of the project and the need for a policy. Bic y Minutes — Regular Council Meeting June 26, 2007 — Page 10 Salazar, 8206 Campodolcino, ino, spoke in support for the policy, growth and a policy for small business but asked the Council to slow down the process. Reagen Brown spoke regarding net economic growth, small business, and creating a fair TIF policy. Roland Garza encouraged the Council to work through the process and make it happen. A motion was made by Mr. Kelly to amend Section XII. Other Policy Considerations, to include priority consideration for construction companies that pay employees at or above the median wage in Corpus Christi. The motion was seconded by Ms. Cooper and passed unanimously. A motion was made by Council Member Kelly to amend Section VII. Requirements for New Large Retail Projects, (0), to include that the developer agrees that no more than 1% of the total gross floor area of the retail space in the project may come from any one retail center. The motion was seconded by Ms. Cooper and passed unanimously. A motion was made by Dr. McCutchon to amend Section VIII. Requirements for Redevelopment ent Projects, (F), to include that the developer agrees that no more than 15% of the total gross floor area of the retail space in the project may come from any one retail center. The motion was seconded by Mr. Kelly and passed unanimously. A motion was made by Ms. Leal to amend Section XIV. Fee, by deleting the option that the City at its discretion may consider waiving a portion of the fee upon request, seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye "; Hummell and McCutchon voting No". A motion was made by Mr. Hummel) to amend Section VII. Requirements for New Large Retail Projects, (0), and Section VIII. Requirements for R development Projects, (F), to reduce the relocation percentage from 30 % to 20 %, seconded by Mr. Eli orido. After a brief discussion, Mr. Hurmell withdrew his motion. A motion was made by Dr. McCutchon to amend Section Vil. Requirements for New Large Retail Projects, (0), and Section VIII. Requirements for Redevelopment Projects, (F), to reduce the relocation percentage to 10% with no penalty and reduce the value of the TIF by 10% with each 10% increase in relocation percentage. The motion failed for a lack of second. A motion was made by Mr. Hummell to amend Section VII. Requirements for New Large Retail Projects, (0), and Section VIII. Requirements for Redevelopment Projects, (F), to reduce the relocation percentage from 30 % to not to exceed 20 %, seconded by Mr. Eli orido. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed by the following vote: Eli ondo, Hummell, and McCutchon, voting `Aye "; Garrett, Cooper, Leal, Kelly, Marez, and Martinez, voting "No". A motion was made by Dr. McCutchon to amend Section IV. Guiding Principles for Consideration of Applications for Tax Incentives, (1), by adding the word "incremental" before sales tax collections and before increases in property tax revenues. Motion was seconded by Mr. Hummel) and passed unanimously. A motion was made by Dr. McCutchon to change Section VII. Requirements for New Large Retail Projects, (H), and Section viii. Requirements for Redevelopment Projects, (E), to reflect the wording in the draft preliminary infrastructure financing agreement as detailed in Section 1., E. "in the Minutes — Regular Council Meeting June 2,2007 —Page 11 event that the new store in the Project is larger than the closed store, the percentage of Gross Floor Area (as such term is defined in industry standards) which represents the increase shall not be considered part of the Relocation but shall be treated as new store sales. as The motion was seconded by Mr. Hummell and passed unanimously. A motion was made by Dr. M Cut hon to amend Section XI. Financial Requirements (F), by adding the word "incremental" before sales tax collections and before increases in property tax revenues. Motion was seconded by Ms. Martinez and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION Ng. QM22 Resolution rovin the City of Corpus Christi Tax Incentive Policy for large retail/mixed �� g use development and redevelopment. The foregoing resolution was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, I1 are , and Martinez, voting ,Aye" Mayor Garrett opened discussion on Items 20 and 21 regarding the Preliminary y p Infrastructure Financing g reer Agreement and Development Agreement with Crosstown Commons, ons, LLC. Assistant City Manager Oscar Martinez provided a review of the contents of the agreement including an overview of the g reement; key terms of the agreement; key provisions; the financing structure; the TIF Bond Schedule; projected growth of property values; taxable sales projections; and sales taxable revenue projections. Council members asked questions regarding the total adjustable taxable sales; inflation adjustments; i the new sales on non - relocated stores; the ERA study on the retail pull from existing market retail; and addressing incremental increases in the policy. John Bell, Attorney r Crosstown Commons, provided a list of proposed new terms including ]� r o rti o n a to steps changing the revenue split to 67%-33%; setting a cap of new retail space with p op p for lesser development; store closure periods; procedures for calculating square feet of relocation stores; maximum of relocations remaining at 30%; and TIF projections with relocations for year 2015. Council members asked questions regarding the release of property space for store closures; the enin gp period; the proportionate step formula; the issuance and sale of bonds; the p cap for relocations; the size of the regional center to develop synergy to draw from a larger market; reduction of arefoota g e; TIF projections; second store sales; netnewsales revenue; projection g of utilities revenue; historical information from State Comptrollers Office; if additional partners will be receiving revenue; the revenue split; the definition of a local contractor; the location of Coastal Crosstown Drive; the scale of TIF values by square footage as defined by the opening; relocation percentage; e; when the Public Improvement District would take affect; and the base ad valorem taxes excluded from the TIF. Council Member Kelly announced a Town Hall meeting on Wednesday, June 26th at 6:00 y p.m. at West Guth Park to discuss the Coliseum and the potential redevelopment on the bayfront around the Coliseum. Minutes — Regular Council Meeting June 26, 2007 — Page 12 Mayor Garrett called for comments from the audience. Hal George spoke regarding a protection for release of property and the sharing of tax increments. Hugo Berlanga spoke regarding a draft development agreement prepared by staff` in February 2007. Debbie Lindsey -Opel spoke regarding adopting the policy as related to the TIF and limiting public comment. Carol Scott spoke regarding the retail space cap and the relocation allowance. Susie Luna SaIdaria said she was interested in what is best for the City. Terry Montesi spoke regarding the policy amendment for relocation from any one center and the TIF policy applying to the Crosstown Commons project. Bill Morris spoke regarding relocations by municipalities. Shawn Bevly spoke regarding the relocation of stores. Craig Murphy spoke regarding the thresholds of the agreement and the proportionate steps. Roland Gana spoke regarding the relocation percentage. A motion was made by Mr. Hummel' that retailers classified as a relocation cooperate with their prior landlord in fulfilling and/or terminating requirements of their lease before relocating to Crosstown Commons. Motion was seconded by Mr. Kelly and passed unanimously. A motion was made by Ms. Martinez to adopt the Proposed New Terms submitted by John Bell, Attorney for Crosstown Commons and include them in the Infrastructure Agreement, Section 1, (B), City's Limited Obligation of Reimbursement; to change the relocation years from two years to three gears in Section 1, (E), Definition of Relocations, immediately following opening of the project and does not open another location elsewhere in the City; define "Opening Date}' as when the developer submits an application to the City showing the project is complete per Section 1, (B); change the revenue split to 67%-33%; and directing the City Attorney and Bond Counsel to clean -up and incorporate these changes into the document. A brief discussion ensued. The motion was seconded by Council Member Leal and passed; McCutchon voting "No". A motion was made by Mr. Kelly to amend Section!, (G) Limitation on Relocations, to include that the developer agrees that no more than 15% of the total gross floor area of the retail space in the project may come from any one retail center. After a brief discussion, Mr. Kelly withdrew his motion. A motion was made by Dr. McCutchon to table the Crosstown Commons items, seconded by Mr. Elizondo. After a brief discussion, Dr. McCutchon withdrew his motion. A motion was made by Council Member Kelly to amend Section 1, (G) Limitations on Relocations, that in the event 1 ,400 000 square feet is built, there will be a 15% project cap of that square footage from any one other retail center. Motion was seconded by Ms. Operand passed unanimously. A motion was made by Ms. Martinez to clarify by adding the 90% occupancy to the previous amendment in Section 1, (E) Definition of Relocations. Motion was seconded by Ms. Cooper and passed unanimously. A motion was made by Mr. Hummel' directing staff to incorporate all of the amendments made the Proposed New Terms submitted by John Bell as amended by the Council into the Infrastructure Agreement. Motion was seconded by Ms. Martinez and passed unanimously. A motion was made by Dr. McCutchon to cap relocations to the facility at 30% up to 1500,000 square feet of build out and at 20% beyond 1,500,000 square feet. Motion failed for a lack of second. Minutes — Regular C un it Meeting June 26, 2007 — Page 13 City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2007-165 Motion authorizing the City Manager to execute a Preliminary Infrastructure Financing Agreement with Crosstown Commons, LLC (Developer) to set forth terms, conditions and obligations which the Developer and the City intent to participate in the development of l�at� by p le and power center to be know as "Crosstown Commons" to be developed on an lifestyle approximate 227 acre tract north of Holly Road between Crosstown Expressway frontage road and Greenwood Drive. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Kelly, Mare z, and Martinez, voting ' ye'; Elizondo, Humr ll, and �F McCutchon, voting "Ho" 21. MOTION NO. 2007-166 Motion authorizing the City Manager to execute a Development Agreement with Crosstown Commons, LLC, to establish development requirements for Crosstowm Commons, a proposed mixed use development located north of Holly Road between Crosstown Expressway frontage road and Greenwood Drive. foregoing motion was passed and approved with the following vote: Garrett, Cooper, The p Kelly, ellyF Leal, Marez, and Martinez, voting "Aye"; Elizondo, Hummel', and McCutchon, voting "No". * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 11:52 p.m. on June 26, 2007. * * * * * * * * * * ** 2 a. CABLE COMMUNICATIONS COMMISSION — One (1) vacancy with term to 7-- 27--1 0. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop promote the use of access channels, assure that access channels offer a diversity of and p programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable y stem and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. The commission shall select from its membership y p � a chairperson and a vice - chairperson whose terms shall be one year. ORIGINAL ME MBE TER S PPT . DA Carolyn Moon 7 -27 -09 5 -29 -7 Dr. Bruce Nelson Stratton 7 -27 -0 7-12-05 Joan Veith 7 -27 -08 5-29-07 *Connie Gutierrez 7-7-7 1-10-06 St hen I. West 7-27-09 10-11-05 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE ANCE THIS TERM PRESENT LAST TERM YEAR 12 11 92% NAME Connie Gutierrez OTTER INDIVIDUALS EXPRESSING INTEREST Sandra L. Maddox Scott Polton Marketing, ITV UPN Television. Attended Del Mar College, Southwest University and U.S. Air Force. Activities include: Chamber of Commerce Ambassador Chair, HSMA and Leadership Corpus Christi. (5-24-05 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 .egenc: *Seeking reappointment **Not seeking reappointment * **Resigned ****Exceeded number of absences allowed by ordinance **** *Has met six -year service limitation Latrice M. Sellers Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach ", and State Democratic Executive Committee for Women. (2-23-05 b. PLANNING COMMISSION — Three vacancies with terms to 7-31-10. DUTIES: o 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 year et ear a list of recommended capital improvements which in the opinion of the g 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: Nine members which shall consist of nine registered voters of the City appointed by the Cit y Council. Elects its own chairman from among its membership at the first regular meeting in August of each year. ORIGINAL MEMBERS 'TERM APPTD. DATE R. Bryan Stone, Chair 7-31-08 -09 -02 Rudy Garza 7-31-09 Johnny R. Martinez 7-31-08 7-12-05 y -1�� James Skrobarczyk, Sr. 7-31-08 *A. Javier Huerta rta 7- 1- 7 -26-05 John C. Tamez 7-31-09 8-22-06 Eon J. Kelly 7-31-09 7-11-06 *****Michael Pusley 7-31-07 2-13-01 *Fred Braselton 7-31-07 7-13-04 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Fred Braselton 24 22 92% A. Javier Huerta 24 22 92% OTHER INDIVIDUALS ALS EXPRESSING INTEREST Nicolas Curiel 111 Realtor, Richard Serra & Associates. Licensed as a Real Estate Agent and Broker. Serves on the Grievance Committee for the C.C. Association of Realtors. (1-25-06) Legend: *Seeking reappointment * *Not seeking reappointment * *designed * ** *Exceeded number of absences allowed by ordinance *****Has met six-year service limitation Miles Graham Paul Grivich Chris Hamilton Senior Vice President, 1st Commerce Bank. Attended Del Mar College. Activiti Govind B. Nadkarni Adam Nuse Scott Ponton John Powell Richard Pulido Rachel Hasette Ramos Consultant, Engineering and Management. Received B.S. in Civil Engineering from Gujarat,University and M.S. in Civil Engineering from University of Southern California. Activities include: Chairman of Texas Board of Professional Engineers (Licensing Board for State of Texas), Assistant Vice-President of the Southern Zone for National Council of Examiners for Engineers and Surveyors. Graduate of Leadership Corpus Christi Class 13 and. Received Tenure Award from Boys Club of Corpus Christi. 7 -5-07) Director of Group Sales, Corpus Christi Hooks. Received Bachelors in Business Marketing from University of Oklahoma and Masters in Sports Management from Wichita State University. Activities include: Leadership Corpus Christi, USO of South Texas — Board of Directors, and American Red Cross Board of Directors. (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 Real Estate Agent. Currently a junior at Texas A & M — Corpus Christi. Has real estate education and licenses. 31-05) 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 Corpus Christi, Deacon of Gardendale Baptist Church, Junior Achievement Volunteer Program and Cable Communications Commission. 05) Manager, Wahoo Motors, Inc. Received an Associates Degree from Del Mar College. Attended Texas A &M University - College Station and University of Houston. 29-07) Leo Rios Rene Saenz Morgan Spear Jerry J. Trevino Alfonso Truj ano, Jr. Jonathan Wagner Marsha Williams Realtor, ReMax Metro Properties. Attended Blinn College and Del Mar College. Activities include: C.C. Board of Realtors, Texas Association of Realtors and the Texas Real Estate Political Action Committee. (6-02-05 Educator, Corpus Christi Independent School District. Received BA in Government with minor in History from University of Texas, Austin. Teacher Certification from Texas A &M University- Corpus Christi and attending Texas A &M University - Kingsville. Activities include: Former Board of Directors of the Crime Control and Prevention District, Current Member of the CCISD Employees Insurance Committee, Planning and Decision Making Committee CCISD and Youth Soccer Coach. (6-4-07 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 TS PE member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (4-19-05) Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Administrator for Community Development for City of Corpus Christi, 2003 -2006. (5-29-07 Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6-09-05) c. EIS CITY COMMITTEE — Three vacancies with terms to 9 -07 and 9-08. (Since the terms expire 9-07, it is recommended that thine appoin mt en s be for new three -year term ending 940). DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities e an d to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes IrI g of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and subcommittees, members who shall be broadly representative of the racial, various � . be appointed by the religious and ethnic groups in the community. The members shall pp g City Council it and shall serve three -year terms or until their successors are appointed and qualified. Steering The Ste ri Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the sueon�rru pp . unit at large as deemed necessary and sufficient by the Steering Committee. Each community g nux ttee shall be responsible, under the direction of the Steering Committee, for subcommittee p primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, - Chairman for each of the Sister City subcommittees ittees established in accordance with Sec. 2 -152. The_C airman and each vice: chairrnan shall be elected b majority votes of the sister city committee annually. If the General Chairman is absent, a vice - chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL 1 MEM ERS T RM APPTD. DATE John Rocha, Chair 9-09 .. Dr. Ridge Hammons 9 -9 2-15-05 Randy Farrar 9-07 6-11-02 Coeta Montgomery 9 -07 1-16-07 Sulchbir Singh 9-08 9-12-06 Farley L. Frazier 9-10 6 -12 -07 Rose Gunji 9-08 11-08-05 Ellen Murry 9-08 4-16-02 Jonathan E. Lancaster 9 -08 6-12-07 Heather Stanton Moretzsohn 9-07 9-14-04 Guillermo "Willie" Perez 9 -07 1 -16 -07 Westi Horn 9 -07 6-15-04 Ann Jaime 9 -08 6-13-00 Alm ra Flores 9-07 9-12-06 * * * *Dr. Peter Kuntu-Mensah 9 -07 11 -08 -05 ****Gilberto G. Porter 9 -07 4-18-06 ** * *John J. Nelson, Jr. 9-08 9-12-06 Drue Combs 9 -09 9 -12-06 Flicka Rahn 9-09 6 -15 -04 George B. Kopf 9-09 6-12-07 Sharon L. Phillips 9 -09 9-09-02 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (Note: The Sister City Committee is recommending the new appointments of Tire Dowling, Javier Morin, and Drew Reining.) INDIVIDUALS EXPRESSING INTEREST Tim Dowling Luella R. Gipson- Torres Dora L. Hidalgo Javier M. Morin Drew Matlock Reining Shareholder Attorney, Gary, Thomasson, Hall & Marks PC. Received BA from University of Kansas and JID from University of Washington. Acti Michael San Miguel Alfonso Trujano Jr. Instructor/Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GED. Received Award for Employee of the Quarter and Instructor of the Month. (5-25-07 Senior Designer/Project Manager, Maverick Engineering, Inc. Received B.S. in Civil Engineering and Graduate courses on Civil Engineering. Secretary of the American Society of Civil Engineers and TSPE member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (4-19-05) Danny Williams Marl eting ri er, Papa Johns. Attended McPherson College. Volunteer Pop Warner Coach. 7-7 3 Requested Council Action: 7/10/07 COUNCIL MEMORANDUM MOTION: Motion approving the purchase of a Bomb Response Vehicle from Advanced Containment Systems, Inc, Houston, Texas for a total amount of $333,656. Funding is made available through the Homeland Security 06-08 Law Enforcement Terrorism Prevention Program (LETPP) Grant. Purpose: Basis of Award: Funding: The truck has been custom designed for the Corpus Christi Police Department (CCPD). It will store all equipment required to respond to a bomb threat including the bomb robot, bomb suits, bomb response gear and explosives. It contains an operations room that allows for mobile field response from within the vehicle. This award is exempt from the competitive bidding statutes. Local Government Code, Chapter 252, Section 252.022(2) provides for an exemption for a procurement necessary to preserve or protect the public health or safety of the municipality's resi Price Sheet July 10, 2007 Buyer: Michael Herrera Bomb Response Vehicle Item Advanced Container Systems, Inc Houston Texas Bomb Response Vehicle 2008 Freightliner M2 chassis, 35,000 GVWR, 300 HP Cummins diesel engine, 20 foot custom body, 20 KW generator, HVAC system, siren and emergency strobe lights. $333,656 • 4 Requested Council Date: 07/10/07 Alternate Date: 07/17/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of library furniture from the following companies for the following amounts in accordance wi BID INVITATION NO. BI- 0178 -07 NORTHWEST BRANCH LIBRARY Y FU NI 1 URE BUYER: MARIA GARZA DATE: 07/10/07 ITEM NO. DESCRIPTION CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Brodart Company McElhattan, PA TOTAL PRICE 1.0 SHELVING, C ANOPY TOPS & PANELS 2.0 ACRYLIC LATALL HOLDERS AND SHELVING 3.0 MEDIA DISPLAY RACK & STANDS 4.0 FLAT FILE & REFRESHMENT CENTER 5.0 SEATING 6.0 TABLES, DESK & STATIONS Business Interiors of Texas Corpus Christi, TX TOTAL PRICE 66 288.94 No Bid 3 231.66 No Bid 3,749.58 No Bid (1) 1,261.14 1 X662.91 (Incomplete) 13,534.98 1 13,923.97 (Incomplete) (1) 2,453.10 1 • 9 991.79 (Incomplete) AWARD TOTAL: 86805.16 GRAND TOTAL: 98.459.86 11,654,70 NOTE: The bid invitation indicated awards would be made by groups. Each group is comprised of various line items within the group. Brodart Co. failed to submit pricing for all items contained within groups 4and6. 5 Requested Coun it Action: 7/10/07 Alternate Council Date: 7/17/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of an upgrade to the security access control system at the Corpus Christi International Airport from Metroplex Control Systems, Dallas, Texas based on the Cooperative Purchasing Agreement with the State of Texas, for a total amou nt of $45,1 39.19. Funds have been budgeted by the Aviation Department in FY 6 -0 . Purpose: The current access control system at the Corpus Christi International Airport (CCIA) is no longer supported by the manufacturer. Therefore, the C -Cure 800/20 access control system is recommended and is compatible with the existing controllers and readers. The access control system is a critical part of the security required at the CCIA and by the Transportation Security Administration (TSA). The system includes redundant servers and a badge station that produces all security badges at the CCIA. The system is used to gain access to all secured areas of the CCIA. Basis of Award: The purchase is made available under the Texas Building and Procurement Commission Cooperative Purchasing Program. Funding: Aviation Department 550040-4610-35040 Michael Ba era Assistant Director of Financial Services $45,139.19 •T j j O IVMY m<ww00 .0 Mm 00>k i 8 la i ...n _1 .... ..... ,i m c 3 E c; ! »< >9 rrn E• Z=M RI rnrnmrn 02' co E cnZ cn (2 Ow— EmM al 4 • I- WI r _▪ roc I m *m .� O • 5 > 8 z 0 G G z 0 NOliditIOS313 m r =I E Z0-1 Eil mm o 0 z r D 1- rn 1 m m r rn w rn coo zI —I co Z rn rn 0 Cn I13 (1) 0 rn r 0 0 m 0 w w z 0 Fri O o 0 • co 0 NOLLY1119V1 018 c :m C 2 G a0) o z a 1 6 Requested Council Action: Alternate Council Date: 07/10/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. BI-0168-07 for an estimated semi - annual expenditure of $776,584.00 of which $64,715.34 is budgeted for the remainder of FY - 07. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Street Services in FY 6 -07 and requested in FY 07-08. Bay LTD. Corpus Christi, TX Primary Supplier Bid Item 1 -2 $652,834.00 HAC Materials, LTD. Corpus_ Christi TX Secondary Supplier Bid Item 1 -2 $123,750.00 Grand Total: $776,584.00 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Previous Contract: Bid Invitation Issued: Bids Received: Price Analysis: Basis of Award: Funding: This material is used by Street Services to patch utility cuts made in City streets and to correct pavement irregularities which extend the life of the pavement and provide a smoother riding surface. The previous contract was not extended due to revisions to specifications. Two Two When compared to the previous bid, pricing has increased approximately 21%. The price of liquid asphalt continues to rise due to the high price of crude oil. Low Bid — Primary and Secondary Supplier The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract An estimated 85/15 percentage split is projected to be purchased from each of the suppliers. Street Department 520130 -1020 -12410 $21,571.78 520130-1020-12420 21,571.78 520130- 1020 -12430 21,571.78 $64,715.34 Michael Barrera, Assistant Director of Financial Services CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BID TABULATION BID INVITATION NO.: BI-0168-07 HOT MIX ASPHALT - TYPE D BUYER: MARIA GARZA ITEM 1 DESCRIPTION 1A. 1B. II T MIX TYPE D ;HALT SERVICE P I AARY :Monday thru Friday Service Saturday Service SUB TOTAL: HOT MIX TYPED ASPHALT SERVICE - SECONDARY 1A. IMondaythru Friday Service 18. Saturday Service SUB TOTAL: PRIMARY AWARD TOTAL: SECONDARY AWARD TOTAL: GRAND TOTAL: BAY LTD. CORPUS CHRISTI, TIC HC MATERIALS, LTD. CORPUS CHRISTI, TX UNIT QTY UNIT PRICE TOTAL PRICE 8,500 Ton $58.48 1,700 Ton 591.62 1,500 Ton 558.48 300 Ton 591.62 UNIT PRICE 5497,080.00 5155,754.00 5552,834.E $87,720.00 $27,485.00 5115,206.00 565 : 34.00 T1�L 4.0Q NOTE: The Bid Invitation indicated a primary and secondary award would be established to provide for a backup supplier to the contract. An estimated 85/15 percentage split is projected to be purchased from each of the suppliers. TOTAL PRICE 557.50 $488,750.00 5125.00 5212,500.00 ►701 ,250.00 557.50 586,250.00 5125.00 537,500.00 123.750.00 123.750.0O 7 Requested Council Action: 7/17/07 Alternate Council Date: 7/24/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of traffic control equipment from the following companies for the following amounts i w 1 3 13 3 a 3 lit r p fp I a g go 0 §i 9 89T #t] I Sr3 g 1;3 ff'< zg 0 rn O 5 rn co s ngcl emg) a 2: 0 CO 0 co • Q 02 P • 0 co 8 03 03 MI 0 c 0 co con C z v 0 IN 13 g c� 71 — 0., i g.,ois VI 0-1 V zo i-gi 1 0z 73 ._ C13 Sn 2 !3 . �: 0 8 li ii i m 9- . / F 2-0- ▪ z z 4. O O r. § Z M 8= 0 0 8 g HIT. 4:g 8 co °o i a_ FL I il z O 11 f v v v XX CO I air."" 8 4 i 1 m a . a 0 aw to w w 5 v 0 6 o 8 Requested Council Action: 7/10/07 Alternate Council Date: 7/17/07 AGENDA MEMORANDUM IORANDUM RECOMMENDATION: Motion approving the purchase of one (1) prefabricated storage building from Safety Storage Inc., Charleston, Illinois in accordance with Bid Invitation No. BI- 0170 -07 based on only bid for a total amount of $54,368. The prefabricated storage building will be delivered and installed at the I.C. Elliott Transfer Station located at 7001 Ayers Street. Funding is available in the Solid Waste Grant Fund and 2004 Capital Improvement Program Fund. ■■■■■■■••••••••■■■■■■■■■■••••■• i1■■■ ■■ ■ ■■■■ ■ ■ ■ ■••••••• ■ ■ ■ ■ ■ ■ ■s ■ ■■■ •••• ■ ■S ••■■■■•••• ■••••1 BACKGROUND: Purpose: The prefabricated storage building will be utilized to properly store the household hazardous waste materials collected at the J.C. Elliott Transfer Station. Items historically collected at the landfill include batteries, paints, aerosols, gas cylinders, pesticides, chemicals, oils, light bulbs and other hazardous materials. These items collected at the landfill will then be categorized, packaged, transported and disposed of in accordance with all federal and state regulatory guidelines and reporting requirements. Bid Invitations Issued: Six Bids Received: One Award Basis: Only Bid Funding: Solid Waste Grant Fund 550910 -1051- 00000 - 806095 2004 Capital Improvement Program Fund 550910-3359-00000-140570 Total Amount: Michael : arrera Assistant Director of Financial Services $20,Q00 $34,368 $54,368 0 ono -o0 . - m cc I N) `o . m i g oEmo - _ _ocn0 -'`, R C O7 -0 i gym— FRc 0 0.—a) co 0 ri) (20.= 3a—' 1—zw c' a E. 9-5` 0 m a "m—as m <_.2 1—zx c —1 =--- (I) vi -Ti -= 5 to 6 s a 5. ri* N) cn c Z O w 6 C 2 Piln 13-.....1—gg;,9N-c cm co <2 U) rn a) I— m X T. � �i — O■ .. -: Er . coc :!: O. o_. = 0 a V � ii --1 -, ci, on x 0 c 8 cc.. co = i-n cr. 0 ▪ 1 @ m u) CD M is N I1dt A 0 c c — 1 W co 'a i CAD ,-.77:10 5 co cih ....,m ta =c 01 m..‹ 7,4171Z7)5.1 1.13 06 6 cci 1 m( rnw cr) m , -1 .P2 0 t- ao -0 — 0 1— ).N. 0 879: CD > 0 —I 2 Z W5›: 00 2 e O l 10 la -cia n c > 0 m m m . Om 0 0 82. 2 0 9 Requested Council Date: 7/10/07 Alternate Date: 7/17/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of a mobile license plate reading system from AutoVu Technologies, Inc., Montreal, Quebec, Canada, based on sole source for a total amount of $26,25O The mobile license plate reading system will be used by the Police Department. Funds are available through the Police Department Grants. Purpose: Award Basis: Funding The mobile license plate reading P system will be used by the Poli q go§ T cnr— 1- f _ M ., O g. ". i CD 2 -h c ,„ 0 g. go. S 2 (7, 6- 8 r a' i + a E, so m TJ 0 z c z r) 0) 0 I) 0 0 c z c i Y 8 m sam 1_10 Y 0 . CL mow. 0 m co cu c M F ri71 cn r13 P g P CU — r17 rTIP al zg (I) C-13 15 m 0 u) 0 c2 xi c 5 5 0 OPP r--m. 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 10.2097 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept the $14,000 coordinated Community Approach to Promote Wellness (CCAPWeII)grant from the Texas Department of State Health Services to develop a strategic plan to promote wellness. B. Ordinance appropriating a Coordinated Community Approach to Promote Wellness (CGAPWe1I) from the Texas Department artment of State Health Services in the amount of $14,000 in the No. 1067 Park and Recreation Grants Fund to develop a strategic plan to promote wellness; and declaring an emergency, ISSUE: The City of Corpus Christi has been awarded a $'14,000 grant from the Texas Department of State Health Services. This grant was awarded to one rural community and one urban community. The grant is to continue to develop a strategic plan to combat obesity and other chronic diseases among residents of the community. Once the process is complete the City and the plan will be a model that will be implemented in other cities throughout the state. REQUIRED UIl COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. FUNDING: Texas Department of State Health Services CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. tr-Sally Gavlik, Director Parks and Recreation Attachment: Background Information BACKGROUND INFORMATION In 2000, the Surgeon General released a "Call to Action" for communities to address the issues of the increasing number of persons, of all ages, who are overweight and obese. In October 2001, the Coastal Bend Health Education Center (CBHEC) convened a meeting of local health and policy representative to discuss the formulation of Coordinated Community Approach to Promote Wellness (CCAPWeII). The overall purpose of this group was to obtain information on services provided to address the increasing rate of obesity and diabetes in the Coastal Bend area, and identify steps needed to address these issues. Subsequently, in January 2002, the Texas Cooperative Extension's Family and Consumer Sciences (FCS) advisory Committee evolved into a group which combined its efforts with those of CCA WeIl. In fall of 2002, the CCAPWeII group was re- organized and elected to focus on preventive health initiatives. The group reviewed the Surgeons General's "Call to Action" and the State's Strategic Plan for Prevention of Obesity in Texas and used them as models to develop goals, objectives and actions plans for CCAPWell in the coastal Bend. The City of Corpus Christi Park and Recreation Department is an active member of this coalition. CCAPWeII's mission mirror's the department's ent's effort to promote wellness and physical activity as part of the recreation programs. In January 2003, the Texas Department of State Health Services sought two communities unities in Texas that would represent rural and urban environments for its Community Plan to Prevent Obesity and Other Chronic Diseases Inter -local Grant. Corpus Christi and the CCAPWeII organization were chosen to receive the grant to continue to develop partnerships and infrastructure to plan, implement, and evaluate a community plan to combat obesity and related chronic diseases; complete needs assessment and community surveillance activities, then work with University of Texas staff to incorporate results into the planning process. This year CCAPWeII will use the funds to maintain and promote the development of worksite wellness programs, coordinate baby friendly hospital initiatives, increase the number of wellness activities and programs specifically targeting children, and hosting and participating in special events focused on promoting physical activity and healthy eating. RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE $14,000 COORDINATED COMMUNITY APPROACH TO PROMOTE WELLNESS (CCAPWELL) GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO DEVELOP A STRATEGIC PLAN TO PROMOTE WELLNESS. BE IT RESOLVED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: �I. The City Manager or his designee is authorized to execute all SECTION � documents necessary to accept a $14,000 Coordinated Community Approach to Promote Wellness (CCAPWELL) grant from the Texas Department of State Health Services to promote wellness. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: July 3, 2007 1-e-4 Lisa Aguilar Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of } 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ORDINANCE APPROPRIATING A COORDINATED COMMUNITY APPROACH TO PROMOTE WELLNESS (CCAPWELL) GRANT FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $14,400 IN THE NO 1067 PARKS AND RECREATION GRANTS FUND TO DEVELOP A STRATEGIC PLAN TO PROMOTE WELLNESS; AND DECLARING AN EMERGENCY. BE IT ORDAINED ED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a Coordinated Community Approach to Promote Wellness (CCAPWELL) grant from the Texas Department of State Health Services in the amount of $14,000 s appropriated in the No. 1067 Parks and Recreation Grants Fund to develop a strategic plan to promote wellness. SECTION 2. That upon written request of the Mayor or five Council memb rs, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the lOth day of July 2007. ATTEST: Armando Chapa City Secretary APPROVED: July 2, 2007 V.,(4-i, Jf Lisa Aguilar Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI 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 voting upon ordinances at two regular meetings: Uwe, 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 Melody Cooper Larry Eli and , Sr. Mike H u morel l Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: ulv 10, 2007 AGENDA ITEM: M: Ordinance appropriating and transferring $91,13'7.13 ofunappropriated i BACKGROUND INFORMATION Following is a table that shows the details of the amount of funds available to be transferred to the Utility System Debt Service Fund to be applied toward the debt service payments for FY200 ;2007. Fund 4080 Water CIP 4081 Water 1994 CIP 4082 Water 1995 CIP 4083 Water 1999 CIP Water Capital Improvement Projects Unappropriated Interest Earnings As of March 31, 2007 Irevtousty Appropriated But Not Obligated $0.00 28,532.11 82,68730 86,473.35 $197,692.96 To Be Appropriated $91,137.13 3,086.76 13,616.35 2,204,201.01 $2,312,041.25 Total To Transfer $91,137.13 31,618.87 96,303.85 2,290,674.36 $2,509,734.21 ORDINANCE ND TRANSFERRING $91,137.13 of UNAPROPRIITED INTEREST APROPRiAT1N� # EARNINGS FROM WATER CAPITAL IMPROVEMENT PROGRAM (CIP) FUND 4080 TO APPROPRIATING IN THE UTILITY SYSTEM DE AND PPROPR DEBT SERVICE FUND 4400; APPROPRIATING $3,086.76 OF UNAPPROPRIATED INTEREST EARNINGS AND 1 618.87 FROM WATER 1994 CUP FUND 4081 TO AND TRANSFERRING � IN THE UTILITY SYSTEM DEBT SERVICE FUND 4400; APPROPRIATING APPROPRIATING RIND OF UNAPPROPRIATED INTEREST EARNINGS AND TRANSFER $13,61635 THE UTILITY FROM WATER 1996 CIP FUND 4082 TO AND APPROPRIATING IN T $96,303.85 � �4 '1.'1 OF DEBT SERVICE FUND 4400; AND APPROPRIATING SYSTEM INTEREST EARNINGS AND TRANSFERRING $2,290,674.36 FROM muff), SYSTEM DEBT WATER 1999 CIP FUND 4083 TO AND APPROPRIATING 1N THE TO BE APPLIED TO THE FISCAL YEAR 2006-2007 DEBT SERVICE SERVICE FUND NO. AMENDING THE FY 0 CAPITAL BUDGET ADOPTED BY PAYMENT; 026997 TO INCREASE APPROPRIATIONS BY $2,312,041.25; AMENDING THE FY 1006- BUDGET ADOPTED BY ORDINANCE O. 026908 BY INCREASING 2007 OPERATING REVENUES AND APPROPRIATIONS BY $2,509,734.21 EACH, AND DECLARING AN EMERGENCY. BE IT ORDAINED ED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the following actions are taken: appropriating and transferring $91,1 37.'13 of unappropriated interest earnings from Water Capital Improvement (CIP) Fund 4080 to and the Utility stern Debt Service Fund 4400; appropriating $3,088.76 of appropriated in � CIP Fund 4081 unappropriated interest earnings and transferring $31,618.87 from Water 1994 Service Fund appropriating $13,61635 of to and appropriating in the Utility System Debt Sere 4400; pp p unappropriated interest earnings and transferring $96,303.85 from Water 1 995 CIP Fund 4082 to and appropriating in the Utility System Debt Service Fund 4400; and appropriating p 9 1 of unappropriated interest earnings and transferring $2,290,674.36 from Water $0�0� . 1999 C1P Fund 4083 to and appropriating in the Utility System Debt Service Fund 40 to e applied to the Fiscal Year 2006 -2007 debt service payment. 2. That the FY 07 Capital Budget adopted by Ordinance No. 026997 be amended SECTION p to increase appropriations by $2,31 2041 .25. That the FY 2005 -2007 operating budget adopted by Ordinance 026908 is amended to increase estimated revenues and appropriations by $2,509,734.21 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 1 0th day of July, 2007. ATTEST: Armando Chapa, City Secretary APPROVED: July 2, 2007 ,-feLe' Lisa Aguilar, A =taut City Attorney for City Attorney THE CITY OF CORPUS CHRISTI 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 voting upon ordinances at two regular meetings: l we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli orido, Sr, Mike Rummell Bill Kelly Priscilla G. Leal John B. Marez Nelda Martinez Michael McCutchon 12 AGENDA MEMORANDUM DATE: Jul y 10, 2007 SUBJECT: O. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement ement (Project No. 8560) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with R. S. Black Civil Contractors, Inc. from Corpus Christi, Texas in the amount of $429,700 for the O. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement. ent. ISSUE: The O. N. Stevens Water Treatment Plant is the single source for treating the City's water supply. The primary treatment process is the chlorination. There are three existing chlorine evaporator units for the chlorination process each produces 1 0,000 pounds of chlorine per day. These three chlorine evaporator units are now at the end of their service life. The project proposes to replace the three chlorine evaporator units at the O. N. Stevens Water Treatment Plant. The project also includes installation of an isolation valve and associated piping to allow for continued operations of any two units during maintenance /replacement of the third chlorine evaporator unit. The project is structured to allow three Base Bids to ensure funding availability. Base Bid A replaces Unit 473 and installs the isolation valve. Base Bid B replaces Unit 523. Base Bid C replaces Unit 472. FUNDING Funding is available from the FY 2007 Water Operating Budget. RECOMMENDATION: DATION: Staff recommends approval of the Motion as presented. Eduard Gamma, P. E. Director of ater Department 7. 3-07 Additional Support Material: Exhibit "A" Background Information Exhibit "A-1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map ngel R. Escobar, P. E., Director of Engineering Services H:IUSERS2IHOME1VELMAP1 EN11 AT €R\ON 1 TP\856O CON TRU TION\A ENDA MEMO BACKGROUND INFORMATION SUBJECT: O. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement (Project No. 8560) PROJECT DESCRIPTION: The actual work for each unit consists of removal of existing 10,000 lbs /day Chlorine Evaporator Unit No. 523 and replacing it with newer model evaporator of equal capacity. The work will include replacement of the evaporator, by isolating the unit, cutting and replacing about 20 linear feet section of 1" 5/80 diameter steel pipe, fittings, gas pressure relief system, liquid chlorine pressure relief system, vacuum regulator, chlorine pressure reducing valve, automatic shut-off valve, line valves and transmitter for the evaporator along with all electrical wiring and controls; together with all appurtenances in accordance with the plans, specifications and contract documents. BID INFORMATION: Bids were received on June 6, 2007 with two (2) bidders submitting a proposal. The engineer's estimated cost of construction is $296,800. The bids range as follows: Base Bid Part A From $171,600 To 1 $179,240 Base Bid Part B From $130,900 To $153,863 Base Bid Part C From $127,200 To $153,863 The low bid was submitted by R. S. Black Civil Contractors, Inc., see Exhibit "C" Tabulation of Bids. The City's consultant, MEI Maverick Engineering, Inc,, and City staff recommend that the construction contract be awarded to R. S. Black Civil Contractors, Inc. of Corpus Christi, Texas, in the total amount of $429,700 for Base Bid Part A, Base Bid Part B, and Base Bid Part C on the 0. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement Project. TIM9FCO M PL.ETION: The contract provides for the work to be complete within 150 calendar days of notice to proceed. H:1U ER 1H ME\VELMAP\ EN11 ATER1ON WTP1856O1 ON TF U TIONAAGENDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: 0. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement (Project No. 8560) PRIOR COUNCIL ACTION: 1. July 25, 2006 — Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2006; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. (Ordinance No. 026908) PRIOR ADMINISTRATIVE ACTION: 1. November 21 2006 -- Executed Small NE Agreement with MEI Maverick Engineering, Inc. in the amount of $24,986 for the 0. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement Project. H:IUSER 1H MEI ELMAPI EN\WATEF \ONSWTPl85601 ON TF U TIO 1PRIOR PROJECT ACTIONS 0. N. STEVENS WATER TREATMENT PLANT CHLORINE EVAPORATOR REPLACEMENT (PROJECT NO. 8560) PROJECT BUDGET July 10, 2007 FUNDS AVAILABLE: Water Dept $501 6 $501,656.00 FUNDS REQUIRED: Construction Contract (R. S. Black Civil Contractors, Inc.) $429,700.00 Contingencies (10%) 42,970.00 Consultant (MEI Maverick Engineering, Inc . 24,986.00 Engineering Reimbursements nts... 3,000.00 Miscellaneous (Printing, Advertising) 1,000.00 Total $661 ,656.00 EXHIBIT "B" Pa el oft TABULATION F BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS ENGINEER'S ESTIMATE: $296,800 TABULATED BY: 'Angel R. Escobar, P.E. TIME OF COMPLETION: 120 Calendar Days for 1 evaporator or DATE: Wednesday, June 6, 2007 150 Calendar Days for 2 or 3 evaporators O. N. STEVENS WATER TREATMENT PLANT CHLORINE EVAPORATOR REPLACEMENT ' CITY PROJECT NO. 8560 1 R. 8. Black Civil Contractors, Inc. P.O. Box 6218 Corpus Christ!, Texas 784664218 FMB Construction P.O. Box Corpus Christi, UNIT PRICE 11118 Texas 78461 AMOUNT ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT BASE BID PART A Al Ilobiliation and demobilization for installation of Chlorine Evaporator, complete and in place per Lump Sum 1 LS $2,800.00 $2,800.00 $4,2 .00 $4,200.00 A2 Remove and replace Chlorine Evporator, Unit #473, related piping and electrical, complete in place per Each 1 EA $138,800.00 $138,800.00 $143,3 2. $143,332.00 A3 Replacement of Chlorine safety related components gas pressure relief system including liquid and i gas pressure reducing valve, installed coplete in place, per Lot 1 LOT j $4,000.00 $4,000.00 i $6, 0.00 $5,680.00 A4 spare parts as listed in Specifications 6'1110 for Chlorine Evaporator, per Lump Sum 1 LS $26,000.00 $26,000.00 26x02 .00 $26,028.00 Total Base Bid Part 'A' (Items Al through A4) $171,600.00 BASE BID PART B B1 Mobilization and demobilization for installation of Chlorine Evaporator, complete and in place per Lump Sum 1 LS $200.00 $200.0 , $4,200.00 B2 Remove and replace Chlorine Evporator, Unit #523, related piping and electrical, complete in place per Each 1 EA $126,700.00 $126,700.06 B3 Replacement of Chlorine safety related components including liquid and has pressure re relief system and gas pressure reducing valve, installed coplete in place, per Lot 1 LOT $4,000.00 $4,000,00 j Total Base Bid Part 'W (Items B1 through 83) $130,900.00 1 . BASE BID PART Mobilization and demobilization for installation of Chlorine Evaporator, complete and in place per Lump Sum 1 LS $200.00 $200.60 $4,200. O $4,200.00 C2 Remove and replace Chlorine Evporator, Unit #472, related piping and electrical, complete in place per Each 1 EA $123,000.00 $123,000.00 $143,983.00 $143,983.00 C3 Replacement of Chlorine safety related components including liquid and gas pressure reliefs stem and as pressure reducing valve, installed coplete in place, per Lot 1 LOT $4,000.00 $4,000.00 I Total Base Bid Part 'G' (Items C1 through C3) $127,200.00 $153,.863.00 EXHIBIT "C" Pate 1 of t r TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS ENGINEER'S ESTIMATE: $296,800 TABULATED BY: 'Angel R. Escobar, P.E. TIME OF COMPLETION: 120 Calendar Days for 1 evaporator or DATE: Wednesday, June 6, 2007 150 Calendar Days for 2 or 3 evaporators O. N. STEVENS WATER TREATMENT PLANT CHLORINE EVAPORATOR REPLACEMENT I ITEM DESCRIPTION CITY PROJECT NO, 8560 TOTAL BASE BID PART A TOTAL BASE BID PART A + TOTAL BASE BID PART B R. S. Black Civil Contractors, Inc. P.O. Box 6218 Corpus Christi, Texas 784664218 QTY. UNIT i UNIT PRICE BID SUMMARY TOTAL BASE BID PART A + TOTAL BASE BID PART B + TOTAL BASE BID PART C AMOUNT OMB Construction P.O. Box 71118 Corpus Christi, Texas 78467 UNIT PRICE AMOUNT $171,600.00 $179,240.00 $302,500.00 $333,103.00 $429,700.00 $486,966.00 EXHIBIT "C" Pg2of2 1 pr ' un ilexhi l s xh O.dwg • PROTECT No. 8560 LOCATION MAP NOT TO SCALE SHIT '' O.N. STEVENS WATER TREATMENT PLANT CHLORINE EVAPORATOR REPLACEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERWCES PAGE: 1 of DATE: 06/13/2007 13 AGENDA MEMOI ANDUM City Coupcil Action Date: July 10, 2007 SUBJECT: Fire Station No. 11 Driveway Repairs 2007 (ProjectNo. 5211) AGENDA ITEM: 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 $44920.45 for the Fire Station No. 11 Driveway Repairs project. ISSUE: The 46-year-old concrete driveway at Fire Station No. 11 has experienced serious damage because of its age, inadequate control joints, soil settlement and ground water infiltration into the subgrade from leaking water and wastewater lines adjacent to and under the driveway. The leaking lines have been repaired, but the slab has a differential settlement of over 3W between the floor slab and the driveway and needs to be replaced. The settlement also impacts the adjacent emergency generator pad. The proposed project replaces the caliche base with limestone and reconstructs the driveway and emergency generator pad. FUNDING: Funds for this project are available from the Fire Department Operating Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Fich`ar• Hooks Fire Chief &dditknalSupport Material: Exhibit " " Background Information Exhibit "B" Location Map H:VHO1VI achelle1 EN\Fire15 11 -No. 11 Concrete DrivelAgenda Memo.doc - Angel br} P. E - - R. Director of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Fire Station No. 11 Driveway gray Repairs 2007 (Project No. 5211) EROJECTDESCRIPTIQN: The proposed project will demolish and replace the p existing concrete driveway, reconstruct a 12" limestone base, and demolish and replace the existing emergency generator pad. City Staff is recommending awarding the construction contract to Alpha Building u�fd�ng Corporation of Corpus Christi, Texas, in the amount of $44,920.45. CONSTRUCTION SCHEDULE: The project is to be completed within 60 days of commencement, or in mid- September 2007. METHOD TH F CONSTRUCTION: Job Order Contracting (JOB is an innovative contracting n technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller r-o1 •ects on a cost-effective e and timely basis. The JOC Program utilizes an "on-call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. A similar contracting City was approved by the Ci September 2005 under Council in the Texas Cooperative Partnering Network (TCPN). Fire Station No. 13 and Kiwanis Softball Field Improvements (both Bond 2004 projects) were successfully completed under the TCPN JOC. The TCPN utilized Centennial Contractor Enterprise, Inc. based out of San Antonio. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery p � ry orders based on specific projects as needed. This process is extremely el flexible, allowing a scope and cost to be accurately detailed BEFORE award. The followin g important im ortant benefits of using this contract method: • Allows a better define) scope with cost for the customer. • construction contract award can be accomplished in less than one month, significantly shortening the procurement time. • Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. • Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost g rowth. N:11HHOME1Rachella1 EN1Firo \5211 -No. 11 Concrete Dri elAgenda Background.doc 'E kHIBlT»A» Pagel of 2 On January 3, 2007, the City of Corpus Christi issued an RFP (2007-01) for JOG contractors. This enabled the City of Corpus Christi to more effectively target local contractors, including minority /minority business enterprises and HUB contractors. It also avoided the pass - through fees associated with the TCPN. Six contractors submitted proposals; however, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300 Ocean Drive, Corpus Christi, Texas, 78412, and 2. Nuway gray International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 The first project to utilize the services of Alpha Building Corporation under the JOC format was the project to renovate the Joe Garza Recreation Center, a Bond issue 2004 and CDBG- funded project which was approved by the City Council on April 10, 2007. PRIOR ADMINISTRATIVE ACTION: 1. January 3, 2007 — Distribution of Request for Qualifications F No. 2007-01 Job Order Contracting. 2. january 29, 2007 — Distribution of Addendum No. 1 to the Request for Qualifications (RFQ) No. 2007-01 Job Order Contracting. 3. June 4 , 2007 -- Administrative approval of a Small Agreement for Engineer Consultant Services with Roots /Foster Associates Architects in the amount of $6,579 for the Fire Station No. 11 Driveway Repairs 2007. EXHIBIT "A" Page 2 of 2 1i:1F# AE RachellelGEN ire15211 -No. 11 Concrete Drive%Agenda Background.doc File : pr ' H: HOME\MPROJECTS\councilexhibits\exh5211.dw NUECES BAY CORPUS CHRIST! BAY FIRE STATION NO. 11 PROJECT # 5211 LOCATION MAP NOT TO SCALE EXHIBIT'S' FIRE STATION NO. 11 DRIVEWAY REPAIR 2007 CIT Y COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of DATE: 06-22-2007 M NM 14 AGENDA MEMORANDUM July 10, 2007 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects. AMENDMENT: The City selected PGAL for Airport engineering services through an RFP for a multi -year service agreement. The agreement is amended to authorize additional projects as funding becomes available from the FM. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. CONSULTANT IT SELECTION/PROJECTS: A Request for Proposals was issued and the firm of Pierce Goodwin Alexander Linville (PGAL) was hired in 200 4. This amendment provides for the engineering services necessary to proceed with the currently funded FAA projects. The projects approved by FAA for design includes the: • Airfield Drainage Phase VI; • Taxiway Rehabilitation; and • Taxiway Signage /Lighting Improvements. The local sub-consultant on the projects will be Martinez, , Guy and Maybik. Ge to hni al services will be administratively authorized and provided by the local PSI office. FUNDING: Funding is available from the Airport Capital Reserves and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Ronald F. Massey Assistant City Manager -7 7e,3 •• . Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit A -1 . Prior Actions Exhibit B. Contract Summary Exhibit C. Location Map H:\}1 MEVEVIN 1 E \ 1 jestored\20041mprovernents‘AE-PGAL\AEArndl 1 dhll rno.do BACKGROUND INFORMATION ADDITIONAL INFORMATION: : The City has successfully utilized a multi -year engineering contract to take advantage of year end FAA Discretionary funds. The FAA typically requires that a contract be awarded and the funds encumbered prior to the end of their fiscal year. The ability to meet these time constraints requires that the City have a consultant already under contract. This allows the design of eligible projects that have been discussed with the FAA to proceed. CONTRACT AMENDMENT SUMMAR : The amendment will permit the City to respond quickly to FAA Discretionary Funding that becomes available. The contract provides for engineering design phase, bid phase and construction phase services for the three projects. Surveying necessary to support the design process will also be provided under the contract. Airfield Drainage Phase VI will result in the continued upgrade of the airfield drainage system to accommodate a 25-year rain event. The Taxiway Rehabilitation project will result in the overlay of the taxiways to address deteriorating pavement and extend the life of the taxiways. It will also widen Taxiway B-4 from 60 -ft to 75-ft, and widen Taxiway M from -ft to 75-ft. The Signage /Lighting Improvements will result in the installation of new taxiway signage /lighting complying with current FAA Air Circulars. A contract summary is attached. See Exhibit B. FUNDING: Funding is available from Airport Capital Reserve Funds. FAA Grants will reimburse the City and fund 95% of the cost for this contract. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. H: H #E11 EVIN \ EN AIF _restored\ OO4Improvern ntsl -P LI lAwdBkgExhkdoc .da LEXHIBIT A Pagel of 1 PRIOR ACTION SUBJECT: Taxiway Rehabilitation, Taxiway Signage /Lighting and Airfield Drainage Phase VI (Projects No. 10019, 10021, & 10020) PRIOR COUNCIL ACTION: Septembgr 19, 2006 -- Approval of ordinance adopting the FY2007 Capital Budget and Capital Improvement Planning Guide (Ord. # 026997). June 19 2007 • Resolution authorizing the City Manager or his designee to accept Federal Aviation Administration Grant Number 3-48-0051-039-2007 in an mount not to exceed $8,447,719 to Rehabilitate West GA Apron, Phase 11, Rehabilitate Taxiway Systems, Phase 1, and Rehabilitate Taxiway Lighting Systems, Phase 1; Improve Airport Drainage Area VI, Phase 1 at Corpus Christi International Airport, Corpus Christi, Texas (Res. #027311). • Ordinance appropriating $3,914,214 from the Federal Aviation Administration Grant No. 3 48-0051-39-2007 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate West GA Apron, Phase 11, Rehabilitate of Taxiway Systems, Phase 1, Improve Airport Drainage Area VI, Phase 1 and Rehabilitate Taxiway Lighting Systems, Phase 1 at Corpus Christi International Airport, Corpus Christi, Texas ; changing FY2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $3,914,214; and Declaring an Emergency (Ord. #027312). • Ordinance appropriating and transferring $392,073 From 4611 Airport Capital Reserved Fund to and appropriating in 3020A Airport Capital Reserve Fund as 5% grant match to Rehabilitate West GA Apron Phase 11, Rehabilitate Taxiway Systems Ph 1, Rehabilitate Taxiway Lighting Systems Phase 1 and Improve Airport Drainage Area VI Ph 1 at CCIA; amending the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $392,073 and changing the 2007 Capital budget adopted by Ordinance No 026997 to increase appropriations $392,073; and declaring an Emergency (Ord. #027313). Exhibit A -1 Pa.e1 of H :\H 1E\ EVIl 1 EN1AI r for d. OO4impro m nt 1AE -P 1PriorActionExhA-1.doc chA -1.do CONTRACT S U M RY AMENDMENT N. PGAL will provide design, bid, and construction phase services for the Corpus Christi International Airport Airfield Drainage Phase VI, Taxiway Rehabilitation, n, and Taxiways Signage /Lighting Improvement projects. The scope of services will include design phase, bid phase, construction phase and survey services as provided by the Scope of Services attached as Exhibit A -11. Exhibit A, Section C Summary of Fees, is amended by the authorize services an additional total fee not to exceed fee of $327,000.00. The restated total not to exceed fee inclusive of all expenses is $2,230,068.00. PGAL will provide the following services: BASIC SERVICES Preliminary Design Phase -- PGAL will: 1. Confer and attend meetings with City representatives and other interested parties on project requirements, finances, schedules, project phasing, and other pertinent matters. 2. Make initial and other site visits as required to verify field survey information and location and condition of existing project features. 3. Review existing data, reports, and documents pertaining to the project site and areas affected by the project improvements. 4. Develop preliminary plan layouts for the Taxiway System, and signage. 5. Coordinate with utility companies as needed. 6. Coordinate with Surveying, and Ge techni al sub consultants. 7. Prepare preliminary estimates for design alternatives. 8. Prepare 30% Design Submittal and coordinate reviews and handling of comments, including various alternatives for design consideration. Design Phase — PGAL will: 1. Conduct and attend meetings and design conferences to obtain information and to resolve design matters. 2. Collect engineering data and make field investigations, engineering studies, and surveys necessary for design of the chosen alternatives. 3. Prepare necessary reports and recommendations for CCIA representatives to make informed decisions on design issues. 4. Prepare detailed plans, specifications, estimates, and bid documents to submit for City and FAA review and approval. All bid documents will be in accordance with appropriate FAA advisory circulars and orders and will include project layout, plan and profile sheets, existing and proposed typical sections, grading contours, utility base maps, taxiway paving details, taxiway repair details, drainage plans and details, striping plans and details, taxiway signage and lighting plans and details, temporary and permanent erosion control features, and other appropriate FAA documentation requirements. 5. Provide 60% and 100% complete plan and bid documents for City Airport and FAA staff review. Coordinate all review comments and incorporate as appropriate. 6. Prepare construction phasing and sequencing plans. 7. Prepare Storm Water Pollution Prevention Plans. 8. Prepare details for barricading and traffic control. 9. Prepare miscellaneous project features and details. Bidding Phase — PGAL will: 1. Participate in pre -bid conference. 2. Review all pre -bid questions and prepare addenda as necessary for City approval. 3. Assist in solicitation of bids by identification of prospective bidders and review of bids by solicited interests. 4. Attend bid opening, analyze bids, prepare bid tabulations, and make recommendation regarding award of contract. 5. Confer with City and Airport staff and make plan revisions as necessary for readvertising the project for bid if the lowest responsible bid exceeds available funding at no additional charge to the City. H :\H fE \I EVIN 1 EN AIF _restoredl2OO41mpr v m nt \AE -P AL1 EAmd1 lAwdExhB.doc Page 1 of Construction Phase (Construction Administration) — PGAL will: 1. Provide consultation and advice to the City and other governmental authorities during all phases of construction. 2. Participate in pre-construction conference. 3. Review and approve shop and working drawings and material and /or equipment submittals. 4. Provide interpretations and clarifications of plans and specifications. 5, Advise CCIA representatives on minor changes that do not affect cost and /or quality of the Contractor's work. 6. Prepare and negotiate change orders and supplemental agreements that are necessary. 7. Inspect work periodically and provide appropriate reports to the city's project manager, inspector, and contractor. 8. Review and coordinate contractor's progress schedule and critical path updates with the contractor and City and Airport representatives. 9. Review contractor pay requests for progress and final payments. 10. Make pre - final and final inspections with City and Airport staff and provide a Certificate of Completion for the project. 11. Review contractor's as -built construction drawings and prepare records of project as constructed. ADDITIONAL SERVICES A. ADDITIONAL AL SEF ICES (ALLOWANCE) Topographic Survey. Topographic survey for the project is authorized and does not require written authorization by the City's Director of Engineering Services. PGAL will proceed with the authorized topographic survey necessary to design the projects upon receipt of the executed contract and notice to proceed. PGAL will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition !specifications of the Texas Society of Professional Surveyors` Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. PROPOSED PROJECT SCHEDULE DAY DATE 7/23/07 ACTIVITY NTP /Begin Preliminary Phase Submit 30% Submittal - - ity Review (14 days) _ _. Monday Friday - 09/07/07 Friday 09/21/07 _— Friday _ - 10/19/07 60% Submittal Friday ; 11/02/07 1- . City Review (14 OW Friday 12/28/07 Final Submittal for Bids Monday 1/21/O8 Advertise for Bids Monday - -- 1128/08. Advertise Second Time Monday _ --- 2104!08 Pre -Bid Conference Wednesday_ 2/27/08 Receive Bids Wednesday -_ 3/19/08 Award Contract Monday 4/07/08 Pre - construction meeti ng /NTP Wednesday 4/14/08 Begin Construction Friday 10/28/08 End Construction Page 2 of 1-1:\HOMEWEVINMEMAIR _restored! 004lmprov m nts\ E -P AL'AE AwdExhildoc Summary of Fees H:IH E\ EVIL 1 EN'A1F _restoredl2OO Improvement lAE -P AL\AEAmd1lAcrdExhB.dee Page 3 of 4 Total Original Contract Total Authorized Fee (Ruriway 13/31, Drainage Ph. 3, Airport Beacon Relocation & Master Plan Update) $1,375,025 Amendment Igo. 1 Pavement Repair Design Services 6,340 Amendment No. Runway rra Guard Light System Design Services 4,785 Amendment No, 3 Drainage and Slope Grade Deficiency Corrections 6,700 Amendment No. 4 Open Cut and Repair Taxiways A, Bt D & E Design . - -- - - - 22,658 Amendment No. 236 907 West General Aviation Apron Rehabilitation Drainage Phase V 140,043 Amendment 5 Fee 376,950 Amendment No. 6 Tltle 22,000 Amendment No. Benefit Cost Analysis Extending 13/31 75,000 Amendment No. 8 BCA Extend 13/31 Additional Presentations 8,000 Amendment No. 9 - - - -- Master Plan - Additional Presentations - -- 8,000 BCA Extend 13/31 Additional Presentations •.8,000 Amendment No. 10 Drainage Line MD -1 Repairs 5,610 Amendment No. 11 Taxiway Systern Rehabilitation, and Basic Services: Preliminary Phase Services 17,000 Design Phase Services 51,000 Bid Phase Services 4,250 Construction Phase Services - -- 12,750 Additional Services: Surveying - - -' 9,000 Total Taxiway Rehabilitation Fee 94,000 Taxiway System SignagelLighting Rehabilitation Basic Services: -- Preliminary Phase Services 8,200 Design Phase Services 24,600 Bid Phase Services - . - - -- - . - -.- - - - -- - - -- -- - 2,050 Construction Phase Services 6,150 Additional Services: Surveying 9,000 H:IH E\ EVIL 1 EN'A1F _restoredl2OO Improvement lAE -P AL\AEAmd1lAcrdExhB.dee Page 3 of 4 Drainage Improvements Phase VI Basic Services: Preliminary Phase Services Design Phase Services .--137d Phase Services Total TW SignagelLlghting Fee Construction Phase Services Additional Services: Surveying Total Authorized Fee Total Drainage Ph. VI Fee Total Fee Amendment No 11 K-1:ll- MEIN EVIN I ENIAIR_resteredl2OO Imprev rr ent lAwdExhB.doc 50,000 32,400 07,200 100 24,300 21, 000 1 83,000 327,000 $2,230,068 Page4of4 File _ : r / un it x ibits ex 1 1 ,1 0020,10021. dwg San Patrici County CORPUS S CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS CESAR CHAVEZ BLVD. "----j LOCATION MAP NOT TO SCALE HWY 44 AGNES RD. TYP. PROJECT SITES (drainage Imp.) 1 J ,. SITE PLAN NOT TO SCALE L 9IrROJECT No.10019, 10020,10021 L ACCIA AIRFIELD DRAINAGE PHASE Vl ND TAX/WAYREHAB/LITATION, S /GNAGE ND LIGHTING IMPROVEMENT PROJECTS TAXIWAYS EXHIBIT 'C' CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: lof 1 DATE 06-28-2007 MOW NM Mr tuomusileaplo 15 AGENDA MEMORANDUM July 10, 2007 AGENDA ITEM: a. Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Al Development Inc., owner and developer of Airline Crossing Unit 1 located south of Lipes Boulevard and west of Airline Road for the installation of 1,486 linear feet of an 12 inch PVC sanitary sewer collection line; and b. Ordinance appropriating $99,600.00 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220-21801 to pay Al Development, inc., for the installation of 1 ,486 linear feet of a 12 inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Airline Crossing Unit 1; and declaring an emergency. ISSUE: Al Development, Inc., owner and developer of Aldine Crossing, intends to install a12 -inch PVC sanitary sewer collection line extending approximately 1,486 linear feet to the west, along Lipes Boulevard, from an existing manhole located at the southwest comer of Airline Road and Lipes Boulevard intersection and terminating at a proposed manhole located at the northwest comer of Airline Crossing Unit 1, pending City Council Approval. Once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to p ay for the installation from the Sanitary Sewer Collection Line Trust Fund, in compliance with the Platting Ordinance, Al Development, Inc. will start installation. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit is Exhibit G gatkl Deborah A. Marroquin1 P.E. Interim Director of Development Services Background Information Location Map Utility Construction Location Map Application for Sewer Line Credit Application for Sewer Line Reimbursement Construction Cost Breakdown Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL AL BACKGROUND INFORMATION SUBJECT: sanitary Sewer Collection Line Reimbursement for Airline Crossing Unit 1 BACKGROUND: The development and platting of Airline Crossing Unit 1 (Exhibit 13) requires the installation of a 12 -inch sanitary sewer collection line. The proposed sanitary sewer collection line will begin at the existing manhole located at the southwest corner of the Airline Road and Lipes Boulevard intersection and extend approximately 1,486 feet to the west along Lipes Boulevard, terminating at a proposed manhole to be located at the northwest corner of the Airline Crossing Unit 1 development (Exhibit C). The 12 inch sanitary sewer collection line is required to provide sanitary sewer service to Airline Crossing Unit 1, as well as the adjoining properties to the east and west, and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance, Section V. B. 6. f) (2), Collection Line Extensions and the 2006 Wastewater Collection system Master Plan for Oso W.R.P. service Area, Sub Basin SPA 30. The developer submitted an application for Wastewater Acreage Fee Credit (Exhibit D), an application for Wastewater Line Construction Reimbursement (Exhibit E) and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with supporting documentation (Exhibit 0). A description of the work and reimbursement calculations is shown below: OFF-SITE OVER -SIZE, OVER -DEPTH The terms "over size" and "over depth" are used to describe wastewater lines installed in association with a particular development, whose diameter or depth of installation are greater than the minimum requirements for that development, but are installed in an effort to provide service to future development beyond the limits of a current project. In this case, only an 8 inch diameter wastewater line at minimum depth is required to provide service to the subject property. A 12 inch diameter line at greater depth, however, is required to allow for future service to the adjoining undeveloped ro erties. p p Approximately 1,1 89.30 linear feet of off-site, over -size, over- depth 2 -inch PVC sanitary sewer line will be constructed, beginning at the existing manhole located at the southwest comer of the Airline Road and Lipes Boulevard intersection and terminating at a proposed manhole located at the northeast corner of Airline Crossing Unit 1 The Platting Ordinances provide for full reimbursement of approved off site costs (see Exhibit Cy iw ,..■rW EXHIBIT A ON-SITE OVER -SIZE, OVER -DEPTH Approximately 296.23 linear feet of on -site, over -size, over- depth's -inch PVC sanitary sewer line will be constructed beginning at a proposed manhole located at the northeast corner of Airline Crossing Unit 1 and extending west to a proposed cleariout near the west property line of Airline crossing Unit 1. For on -site improvements, the Platting Ordinances provide for reimbursement of only the difference in cost between the minimum 8 inch diameter line required for only this development and the 12 inch diameter line required to serve the adjoining areas as well (see Exhibit C)1 In accordance with the reimbursement criteria in the Platting Ordinance, the development of Airline Crossin Unit 1 is eligible for a maximum total reimbursement equivalent to 50 g % of the mathematical product obtained by multiplying the pipe diameter in inches by the fee value of the property. The total number of lots for Airline Crossing Unit 1 was used in the calculation of the fee value. The fee value is 60 lots times $332 /lot, equalling $19,920. The average pipe diameter is 12 inches. Therefore, the maximum reimbursement is $19,920.00 x 12) 50% = $119,520.00 The Developer submitted a construction cost estimate of $113,175.02 (Exhibit 9 for 1,189.30 linear feet of off -site, over -size, over -depth 12 -inch PVC sanitani sewer collection line and will be reimbursed 1 OO of this cost. The developer submitted a reimbursement estimate of $16,051.53 (Exhibit F) for 296.23 linear feet of an on -site, over -size, over - depth, 12 -inch PVC sanitary sewer collection line based on the difference in cost between a 12 inch and an 8-inch sanitary sewer collection line ($25589.87 - $1O,97321), plus the engineering fees $1,11 9.87) and surveying cost ($229.19). The total costs which qualify for reimbursement are $113,175.02 + $16,051.53, or $129,226.56. This amount is greater than the maximum reimbursement amount of $119,520.00 calculated in the paragraph above. The developer submitted an Application for Sewer Line Credit (Exhibit 0), which allows the deduction of the $19,920.00 wastewater acreage fee from the reimbursement. The wastewater acreage fee subtracted from the maximum reimbursement is $99,600.00 $119, 20.og- $19,920.00 = $99,600.00). Reimbursement for Airline Crossing Unit 1 would be payable upon completion and acceptance of the sanitary sewer collection line work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $99,600.00. The difference between actual construction cost and maximum reimbursement is $9,706.55 ($129,226.56 - 4119,520.00 = $ 9,706.55) The Platting Ordinance will allow the developer to request acreage fee credits up to this amount on future projects. EXHIBIT Exhibit APPLICATION FOR SEWERLINE CREDIT 1, Al Mstaghasi , owner and developer of proposed Airline Crossing Unit 1 Subdivision, hereby apply for a $i92O.00 credit towards the sanitary sewer lot /acreage fee for the sanitary sewer (trunk line) (collection line) extension installed in conjunction with Airline Crossing Unit 1 Subdivision as provided for by City Ordinance No. 17396. $ _ 1 9,92 .00 is a portion of the construction cost, including 7.25% Engineering, as shown by the cost supporting documents attached herewith. (Developer) THE STATE OF TEXAS }{ COUNTY OF NUECES )( This instrument was acknowledged before me on k OS.-\tht \iketS‘' LINDA D. LYNCH Notary Public, State of Texas My Commission Expires August 04, 2010 ration. (e/z7 /d7 (Date) ;ri:k1J »1M 200`7 , by , a Texas Notary Public in and for the Itate of Texas CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of is herewith approved. C/2 9/417 evelopmeryf Services Engineer (Date) EXHIBIT APPLICATION FOR SEWERLINE REIMBURSEMENT 1, Mr. Al Mosta • asi , owner and developer of proposed Airline Crossin nit 1 Subdivision, hereby request reimbursement of $ 99 boo for the installation of the sanitary sewer (trunk line) (collection line) in conjunction with Airline Crossing Unit 1 Subdivision, as provided for by City Ordinance No, 17396. Said $ 99,600.00 is the construction cost, including 7.5% % Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. 72 7 (0 2 (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES ){ This instrument was acknowledged before me on c�� �,yk1L , 2001, by MOSI4 V\e.i, , a Texas Corporation, on behalf of said corporation. 04. t LINDA 0� LYNCH Notary Public • , State of Texas .► .. 44. My Commission Expires August O4 2010 CERTIFICATION Teas Notary Public in and for the eta of� The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Trunk Line) (Collection Line) Trust Fund, and appropriation and approval by the City Council. \At/A i4V1A, Development Services Engineer (Date) EXHIBIT E CONSTRUCTION COST ESTIMATE Naismith Engineering, Inc. Title: Airline Crossing Unit 1 Wastewater Reimbursement Costs Project #: 7539U1 Date: June 21, 2007 A. OFFSITE CONSTRUC11ON COSTS: ITEM 1 2 3 4 5 D SC PTION 12" PVC (13'-15 Cut) OSHA Trench Protection 5' Diameter M. H. (13'-15' Deep) Tie To Existing 27" Sanitary Sewer Dewatering Well Pointing QTY UNIT UNIT COST TOTAL COST 1 189.30 LF $58.00 $68,979.40 1,189.30 LF $1.00 $1,189.30 4 EA $5,1 50.00 $20,600.00 1 EA $1,500.00 $1,500.00 1,1 9.30 LF $10.00 $11,893.00 SANITARY SEWER TOTAL: $104,161.70 ENGINEERING COSTS (7.5%): $7,812.13 SURVEYING COSTS: $120'1.19 TOTAL OFFSITE CONSTRUCTION COSTS: B. ONSITE CONSTRUC11ON COSTS: (OVERSIZED AND OVERDEPTH) CONSTRUCTION COSTS FOR 8": ITEM 1 2 3 OEfPT1N 8" PVC '-6' Cut) OSHA Trench Protection 4' Diameter M.H. '- ' Deep) CONSTRUCTION COSTS FOR 12 ": ITEM 1 2 3 4 IPTI N 12" PVC 13'.15'Cut) OSHA Trench Protection 5' Diameter M.H. (13'-15' Deep) Dewatering Well Pointing QTY UNIT UNIT COST 296.23 LF $26.00 296.23 LF $1.00 1 EA $2,975.00 8" SANITARY SEWER TOTAL: QTY UNIT UNIT COST 296.23 LF $58.00 296.23 LF $1.00 1 EA n150,00 296.23 LF $10.00 12" SANITARY SEWER TOTAL: CONSTRUCTION COSTS DIFFERENCES FOR 8" TO 12 ": ITEM 1 2 DESCRIPTION 8" Sanitary Sewer Total 12" Sanitary Sewer Total CONSTRUCTION COST DIFFERENCES FOR 8" TO 12" TOTAL (ITEM 1 - ITEM 2): ADDI1IO AL CONSTRUCTION COSTS: ITEM DESCRIPTION 1 12' End Plug 2 "Cleanout UNIT N T COST 1 EA $165.00 1 EA $150.00 TOTAL ADDITIONAL CONSTRUCTION COSTS: $113,175.02 TOTAL COST $7,701.98 $296,23 $Z975.00 10,973.21 TOTAL COST $17,181.34 $296.23 5,1 50.00 $2.962.30 $25589.87 TOTAL COST $10,973.21 $25,589.87 $14,816.66 TOTAL COST $165.00 $150.00 $315.00 Exhibit F Page 1 of 2 TOTAL ONSITE CONSTRUCTION COSTS: DESCRIPTION TOTAL COST Construction Cost Differences For 8" to 12' $14,616.66 Total Additional Construction Costs $315.00 TOTAL ADDITIONAL C STRU TI N COSTS: $14,931.88 ENGINEERING COSTS (7.5%): $1,119.87 SURVEYING COSTS: $299.19 ITEM 1 2 TOTAL ONSITE CONSTRUCTION COSTS: C. TOTAL CONSTRUCTION COSTS: ITEM A B DESCRIPTION TOTAL OFFSITE CONSTRUCTION COSTS TOTAL ONSITE CONSTRUCTION COSTS TOTAL CONSTRUCTION COSTS: D. REIMBURSABLE CONSTRUCTION COSTS: ITEM DESCRIPTION C 'TOTAL CONSTRUCTION COSTS E. WASTEWATER FEES: ITEM DESCRIPTION 1 Acreage Fees 2 Lot Fees TOTAL REIMBURSABLE COSTS: QTY UNIT SNIT COST 14.55 AC $1,331.00 60 LOTS 5332.00 THE HIGHEST FEE IS ASSESSED: TOTAL WASTEWATER FEES: F. MAXIMUM ALLOWABLE REIMBURSEMENT: ITEM 1 2 DESCRIPTION Wastewater Fees Pipe Size (!n Inches) MAXIMUM ALLOWABLE REIMBURSEMENT (TEM 1 x ITEM 2 x max): G. REIMBURSEMENT TO DEVELOPER: ITEM c E DESCRIPTION MAXIMUM REIMBU SE lENT LESS UNIT 1 WASTEWATER FEES TOTAL REIMBURSEMENT: TOTAL REIMBURSEMENT REQUESTED: M. CREDIT ON FUTURE UNITS: ITEM c E DESCRIPTION TOTAL CONSTRUCTION COSTS LESS REIMBURSEMENT URSEMEI T T DEVELOPER CREDIT FOR WASTEWATER FEES ON FUTURE UNITS: $16,05153 TOTAL COST S113,175.02 $16,051.53 $129,226 55 TOTAL COST $129,226.56 $1 29,226.56 TOTAL COST $19,366.05 $19,920.00 $18,x.00 si 9, 920.00 TOTAL COST $1 9,920.00 12 Si 19,520.00 TOTAL COST $119,520.00 -$19,920.00 $99,60000 $99,6OO.00 TOTAL COST $125,226.56 41/A520.00 $9,706.55 L Exhibit F 1 Page 2 of 2 SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the city of corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469- 927 , and Al Development, Inc., 6530 Samba Drive, Corpus Christi, Texas 78414 (hereinafter "Developer'). WHEREAS, Developer in compliance with the city Platting Ordinance, has filed a plat to develop a tract of land of approximately 14.55 acres called Airline crossing Unit 1 located on the south side of Lipes Boulevard and west of Airline Road, as shown in the attached Exhibit 1; WHEREAS, the city's 2006 Wastewater collection System Master Plan Oso WRP service Area Sub Basin SPA 30 requires the construction of a 12 inch sanitary sewer collection line extension in order for Airline crossing Unit 1 to have sanitary sewer service; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; WHEREAS, under the Flatting Ordinance, the Developer is responsible for construction of a sanitary sewer collection line extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer collection line extension; WHEREAS, it is essential that the sanitary sewer collection line extension be constructed in connection with the development for service to be provided upon completion of the development; WHEREAS, it is in the interest of the city and the Developer for the 12 inch collection line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Exhibit G 1 of 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC sanitary sewer collection line needed for Airline Crossing Unit 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC sanitary sewer collection line, as shown in Exhibit 2, with the following basic design: (2) (3) (4) (5) (6) (7) Install 1 ,486 linear feet of 12 -inch PVC sanitary sewer collection line (13'-'15' deep). Install 1,486 linear feet of OSHA trench protection Install 4 (four) 5-foot diameter manhole (13' - 15' deep) Tie to existing 27" sanitary sewer Install 1,486 linear feet de waterin /well pointing Install 1 (one) 12" end plug install 1 (one) 4" cleanout The sanitary sewer collection line will be constructed from an existing manhole located at the southwest corner of the Airline Road and Lipes Boulevard intersection and extend in a westerly direction, parallel to Lipes Boulevard, and terminate at a proposed manhole located near the northeast corner of Airline Crossing Unit 1. b. The plans and specifications shall comply with City Standard Wastewater Detail Sheets and Standard Specifications. c. Before the Developer begins construction., the plans and specifications must be approved by the Development Services Engineer. 8. SITE IMPROVEMENTS Prior to construction of the 12 -inch sanitary sewer collection line, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 12 -inch sanitary sewer collection line. 4. PLATTING FEES. Developer shall pay Iso the City of Corpus Christi the required acreage fees as required by the Platting Ordinance. 2 of 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12 -inch sanitary sewer collection line shall be constructed, in accordance with the approved lans and specifications, and � p f completed by July 31, 2008. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. `. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans .. p p p and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the ro}J ect according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before July 31, 2008. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any p � structure to be served by the project. 8. THIRD-PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT T BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of 3 of $25,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. 10. NOTICE. Should Developer fail to perrorm any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mali, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11. wARRaNW. Developer shall fully warranty the workmanship of and function of the sanitary sewer collection line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 -inch sanitary sewer collection line, not to exceed $99,60000. See Cost Estimate attached hereto as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 -inch sanitary sewer collection line by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5 °r6 of the costs of construction of the 12 -inch sanitary sewer collection line. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, Its agents, officers, and employees 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, persona! injury or death, arising from or incident to this 72 -inch sanitary sewer collection line construction. 14. This agreement is a covenant running with the land, Airline Crossing Unit 1, a subdivision in Nueces County, Texas, and sham be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as park of this Agreement, the Disclosure of Ownership interests form attached hereto as . Exhibit 16. EFFECTIVE. This agreement becomes effective and is binding o and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of 2007. ATTEST: CITY OF CORPUS CHRISTI By- r Armando Chapa, City Secretary George K. Noe, City Manager APPROVE day of ju iq By: „ Ga ' W. Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NIECES 2007 This instrument was acknowledged before me on 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home mule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of DEVELOPER: Al Development, Inc. By: Al ghasl, President THE STATE OF TEXAS COUNTY T F NIECES ATTEST: By: . l no rle ed before me on & , 2007, Al This instrument was by Mostaghasi, President, on behalf of Al Development, Inc. Notary Public, State of T xa s LINDA D. LYNCH Notary Public, State of Texas My Commission Expires August 04, 2010 6 of 6 CONSTRUCTION COST ESTIMATE Naismith Engineering, Inc. Title: Airline Crossing Unit 1 Wastewater Reimbursement rsement Doffs Project 0: 7539U1 Date: June 21, 2007 A. OFFSITE CONSTRUCTION COSTS: ITEM DESCRIPTICW 1 12" PVC (17-15' Cut) 2 OSHA Trench Protection 3 5' Diameter M.H. (13' -15' Deep) 4 Tie To Existing 27" Sanitary Sewer 5 Dewa;ering / Well Painting QTY UNIT LIT COST TOTAL. COST 1,189.30 LF $58.00 $68,979.40 1,189.30 LF $1.00 $1,189.30 4 EA $5,150.00 $20,800.00 1 EA $1,500.00 $1,500.00 1,189.30 1! $10.00 $11,893,00 SANITARY SEWER TOTAL; $104,181.70 ENGINEERING COSTS (. 4 : $7,812.13 S RI EYI COSTS: $1,201.19 TOTAL OFFSITE CONSTRUCTION COSTS: B. ONSITE CONSTRUCTION COSTS: (OVERSIZED AND OVERDEPTH) CONSTRUCTIVE. COSTS FOR 8 ": ITEM 1 2 3 Cut) DESCRIPTION 8" PVC 4'-6' ) OSHA Trench Protection 4' Diameter M.H. H. %6' Deep) CONSTRUCTION COSTS FOR 12": MEM 1 2 3 4 DESCRIPTION # 12 " PVC Cut) t OSHA Trench Protection 5' Diameter M.H. 1 T-15' Deep) De watering Well Pointing CITY curl titer COST 298.23 LF $26.00 296.23 1F $1.00 1 EA $2,975.00 8" SANITARY SEWER TOTAL TY tow UNIT COST 296.23 $58.00 296.23 LF $1.00 1 EA $5,150.00 296.23 LF $10.00 12" SANITARY SEWER TOTAL: CONSTRUCTION COSTS DIFFERENCES FOR 8" TO 1 r: ITEM DESCRIPTION 1 8' Sanitary Sewer Total 2 12' Sanitary Sewer Total CONSTRUCTION COST DIFFERENCES ES FOR 8" TO 12" TOTAL gas 1- ITEM 2): ADDITIONAL CONSTRUCTION COSTS: ITEM DESCRIPTION 1 12" End Plug 2 4" Cleanout QTY UMT IIMTCOST 1 EA $185.00 1 EA $150.00 TOTAL ADDITIONAL CONSTRUCTION COSTS: $113,75.02 TOTAL COST $7,701.98 $296.23 $2,975.00 $10,973.21 TOTAL. COST 17, 181.34 $296.23 $5,150.00 $2,952.30 $25,589.87 TOTAL ST $10,973.21 $25,589.87 $14,818.88 TOTAL COST $165.00 $150.00 31 5.00 TOTAL ONSITE CONSTRUCTION COSTS: ITEM DESCRIPTION TOTAL COST 1 Construction Cost Difference For 8' to 12' $14,616.66 2 Total Additional Construction Costs TOTAL ADDITIONAL CONSTRUCTION COSTS: $14931.66 ENGINEERING COSTS (7.556): $1,119.87 SURVEYING STS: S299.19 TOTAL ONSIIE CONSTRUCTION Off: $16,051.53 C. TOTAL CONSTRUC11ON COSTS: ITEM A B DESCRIPTION TOTAL OFFSITE CONSTRUCTION COSTS TOTAL ONSITE CONSTRUCTION COSTS TOTAL CONSTRUCTION COSTS: D. REIMBURSABLE CONSTRUCTION COSTS: ITEM oEscRrPnoN C TOTAL CONSTRUCTION COSTS E. WASTEWATER FEES: ITEM 1 Acreage Fees 2 Lot Fees DESCRIPTION TOTAL REIMBURSABLE COSTS: Qri U T uNrr COST 14.55 AC $1,331.00 60 LOTS $332.00 THE HIGHEST FEE IS ASSESSED: TOTAL WASTEWATER TER FEES: F. MAXIMUM ALLOWABLE REIMBURSEMENT: ITEM 1 2 DESCRIPTION Wastewater Fees Pipe Size (In Inches) MAXIMUM ALLOWABLE REIMBURSEMENT meM 1 x rrEM 2 x 513%): G. REIMBURSEMENT TO DEVELOPER; ITEM DESCRIPTION C MAXIMUM REIMBURSEMENT E LESS UNIT 1 WASTEWATER FEES TOTAL REIMBURSEMENT: TOTAL REIMBURSEMENT REQUESTED: H. CREDIT ON FUTURE UNITS: ITEM c E DESCRIPTION TOTAL CONSTRUCTION COSTS LESS REIMBURSEMENT TO DEVELOPER CREDIT FOR WASTEWATER FEES ON FUTURE UNITS: TOTAL SST' $113,175.02 S16,051.53 Si TOTAL COST $129,226.56 11 29,226.56 TOTAL COST $19,366.08 $19,920.00 $19,920.00 $19,920 #00 TOTAL COST $19,920.00 12 11 15,520.00 TOTAL COST 119,520.00 419.920 GO $99,600.00 $99,600.00 TOTAL COST 129,.56 4119,520.00 $5,706#55 Exhibit 3 Page 2 of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not pp liabl answer with' NA". FIRM NAME . AI Development, lopment, Inc. , STREET: 6530 Samba Drive _ CITY: Corpus Christi - ZIP: 78414 FIRM is: 1. Corporation X 2. Partnership �.. 3. Sole Owner 4. Association . 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named p l� ed `firm #'. Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name N/A Consultant CERTIFICATE 1 certify that all information provided is true and correct as of the date of this statement, that l have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly y the City of Corpus Christi, Texas as changes occur. p ptly su brr� Otte to Certifying Person: Al Mostagtasi - _- Title: _ President (Type or Print) Signature of Certifying Person: fl-t)51-d Date: L Exhibit 4 DEFINMONs a. !Board fiber'. A member of any board, concession or car rnktee appointed by the City Council of the City of Corpus Christi, Texas. b. °Employee °. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. 0. "F rn'. Any endty operated for economic gain, whether professional, industrial or commerce and whether established to produce or deal with a product r senfice, including but not wed to, entitles operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, join receivership or trust and entities which, for purposes of , are treated orb . d. °Miai". The Mayor, members of the City Council, Cfty Manager, Deputy My Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Chris, Texas. e. `Ownership Interest'. Legal or equitable Interest, whether actually or constnictively held, In a flan, Including when such interest Is held through an agent, trust, estate or holding entity. 'Constructively held" rem to holding or control established through voting crusts, praodes or special terms of venture or partnership f. 'Conwltant". Any person or firm, such as engineers and architects, tired by the Cry of Corpus Christi for the purpose of professional consultation and recommendation. Page 1 of 2 AN ORDINANCE APPROPRIATING $99,600.00 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450 -4220 -21801 TO PAY AL DEVELOPMENT, INC., FOR THE INSTALLATION OF 1,4$6 LINEAR FEET OF A 12 -INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP AIRLINE CROSSING UNIT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $99,600.00 is appropriated from the Sanitary Sewer Collection Line Trust Fund No. 250420.4220 to pay Al Development, Inc., for the installation of 1,486 linear feet of a 12-inch PVC sanitary sewer collection line to develop Airline Crossing Unit 1, located south of Lipes Boulevard and west of Airline Road. 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 10th of July, 200 7. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: July 3, 2007 By: - Gary W. S ith Assistant City Attorney For City Attorney Henry Garrett Mayor H :IL - 1RkSharedl ar l g t dal 07V -1 1 rd- #pprop lD irline ro ing nitl- ev r.da Page 2 of 2 Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas the emergency clause f the foregoing ordinance an For the reasons set forth �r� � , emergency exists requiring suspension of the Charter rule as to consideration and regular meetings: Uwe, therefore, request that you voting upon ordinances at two . said this ordinance finally on the date it is introduced, or suspend said �h�ter rule and pass t at the present meeting of the city. council. Respectfully, espectully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike F-f a melt Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon l:1L - DIRIShar dkemS\ag nd 1 007 V -1 rid- pprap lDe Airline r s in nitl- wer.do 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 'I2} AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a twenty-year lease with the Tuloso-Midway Independent School District to lease approximately .42 acres out of West Guth Park for District tennis court facilities. ISSUE: REQUIRED COUNCIL ACTION: PREVIOUS COUNCIL ACTION: FUNDING: CONCLUSION AND RECOMMENDATION: staff recommends approval of the ordinance. Sally Gavlik, Director Parks and Recreation Attachment: Background Information Property Description and Survey - Exhibit Lease Agreement BACKGROUND INFORMATION The City of Corpus Christi entered into a lease agreement with T l s -Mid ray School District in 1984 for property located in West Guth Park to improve tennis courts that were to be used by the school district. When the courts are not in use by the school district they would be open to the public. The city has had an ongoing agreement with the school district since the early 1960's. Tloso- Midway School District requested the city enter into a new lease agreement for the property located in West Guth Park where the tennis courts are located. The school district intends to improve the tennis courts but must have a lease agreement in order to improve the portion of the courts that are on city property. The courts will be open to the public when not in use by the school district. Tuloso-Midway r Lease Area Tract 1 STATE TEXAS COUNTY OF NBC S BEING a tract of land containing 030 Acres (13,116 SQ. FT. ) of land out of West Guth as recorded i Volume 53, Pages 83 of the Map Records Park, of Nueces County, Texas. This 0.30 Acre tract being more a�cularly described by metes and bounds as follows: BEGINNING at a Found " Iron Pipe, being the northerly corner of the Tu10 - Midway School Tract as recorded in Volume 55, Page 61 of the Map Records ofluees County, Texas; THENCE S3 °09'30 "W along the northwesterly Boundary Line of said Tuloso - Midway School Tract, a distance of 241.28' to a Point, being the southerly corner of this tract; THENCE NO0e00100"E through West Guth Park as recorded in Volume 53, Pages 83 throe the Map Records of l ueccs County, Texas, a distance of 204.26' to a Point, � o e p being the northwest corner of this tract; THENCE N90°00'00"E continuing through said West Guth Park, a distance of 128.42' to the POINT AND PLACE OF BEGINNING and containing 0.30 Acres of land, Bearings are with reference to the northwesterly boundary line of the T loso-livild va r School Tract as shown on Plat thereof recorded in Volume 55, Page 61 of the Map Records of lutes County, Texas. State of Texas County of l u ces Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field 1, u � � notes were p � r arced by me from a land survey made on the ground under my direction This the 31ST day of May, 2007. Russell D. oc State ofTexas License No. 5,241 .01.`*.• -44 RUSSELL _L D. o §. 5241 v`'14 idt;* s . Cl • *f•_ 1 Tutu o-Mi w y Lease Area Tract II STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.12 Acres (5,332 SQ. . ) of land out of West Guth Park, as recorded in Volume 53, Pages 83-86 of the Map Records of Nueces County, Texas. This 0.12 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 1" Iron Pipe, being the northerly comer of the Tuloso- Midway School Tract as recorded in Volume 55, Page 61 of the Map Records ofNueces County, Texas; THENCE I o° 'oo "E through West Guth Park as recorded in Volume 53, Pages 83 through 86 of the Map Records of Nueces County, Texas, a distance of 13024' to a Point, being the northeast corner of this tract; THENCE SOO°00'00"E continuing through said West Guth Park, a distance of 81.88' to a Point on the northeasterly boundary line of said Tuloso- Midway School Tract, being the southerly corner of this tract; THENCE 1 57 °50'30 "W along the northeasterly Boundary Line of said Tuloso - Midway School Tract, a distance of 153.84' to the POINT AND PLACE OF BEGGING and containing 0,12 Acres of land. Bearings are with reference to the northwesterly boundary line of the Tuloso-Midway School Tract as shown on Plat thereof recorded in Volume 55, Page 61 of the Map Records of Iueces County, Texas. State of Texas County of Nunes 1, Russell Ochs, a Registered Professional Land Sunreyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 31sT day of May, 2007. a 0(14, nssll . Ochs State of Texas License No. 5,241 ,8' L8 3„00,00.005 P 0 0) z W zP 00 0 0 0 z 1 0 0 co quiV o 4A8 0. LL a.. alai! ci WeV ;Mg i • .050 • clEisg gpilw,_ as .:a 9Z 170Z 34,00,00.00 N 0 0 z 0 Ce CO a z 0 IL Vi ci u) 0 8 OD 1 X co a. Lid a. 1 Muj 3 ci I 1- 1 0 • Scale In Feet co o o w vi ce F L1-1 2 acw ce >: 0 0 ,„ gv)0 cr o V) X cot— I— cL 01 EN cz. to C.)) 2 61 NI C4tZt) w �V N p0 En:f)'‘) W 15.1 Ct, 4„ %.; 1:13 �' o`n 0 v U 1 81 kii W CC DD/'t WO {0 I ce cc• i IS D a. M z Ez 1- 0 w • cr i i_ .. I 0 ‹z I, • 1 2:03 w 4 p 0 Q I erii. tn "ui E c• q 0 =a. a,. 0 ,,,,4 a. 5 1- r i u- LLI 2 1 CD L, • 1 < 0 gi5Zw E 13-4x bl MEN 0 co ORDINANCE AUTHORIZING THE CITY MANAGER R HIS DESIGNEE TO EXECUTE A TWENTY-YEAR INDEPENDENT LEASE WITH THE TU ACRES SCHOOL DISTRICT TO AS APPROXIMATELY .42 OUT OF WEST GUTH PARK FOR DISTRICT TENNIS COURT FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CHRISTI: CORPUS SECTION 1. That the City Manager or his designee is hereby authorized lease with the Tuloso-Midway ' red to execute twenty- year 1 Iidway Independent School District out We Guth � t lease p�ro�i �r.atel .42 acres ark for District tennis court facilities, available for Lease provides that the courts will public use when not in use by the District. be City Secretary. e�• copy of the lease is on file with the e That the foregoing ord' oe was read fort first time and asse • � passed to its second reading on this the day of Henry Garrett Melody Cooper Larry Eli ortdo, Sr. Mike Hummel! Bill Kelly , 2007, by the following vote: Priscilla G. Leal 04 John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed this finally on this the day of , 2007, the following vote: by g Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Eti ondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon hon Bill Kelly PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary APPROVED as to form: June 6, 2007 By: 401-- Lisa Aguila Assistant City Attorney For City Attorney Henry Garrett Mayor CITY OF CORPUS CHRISTI AND TULOSO-M1DWAY INDEPENDENT SCHOOL DISTRICT LEASE OF A PORTION OF WEST GUTH PARK STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Whereas, City of Corpus Christi previously leased a portion of West Guth Park to Tuloso- Midway School District which District used for school tennis courts; Whereas, the parties desire to continue lease, to provide for reduced lease area, in order to allow District's continued use of Premises for its tennis program; Now} therefore, the City of Corpus Christi and Tulosoillidway Independent School District, in consideration of the mutual promises and covenants herein, agree as follows: 1. Lease. City leases the Premises to District, subject to all of the terms and conditions of this Lease. 2. Term. The term of this Lease is for twenty (20) years beginning on the 61st day after final Council approval, which date is September 8, 2007, unless sooner terminated, and extending from month to month, upon the same terms and conditions as set out herein, until a new lease is agreed upon, but not to exceed 12 additional months after expiration. 3. Definitions. A. City City of Corpus Christi B. City Manager — City Manager of Corpus Christi or designee. C. Council — Corpus Christi City Council. D. Director — Director of Parks and Recreation Department t or designee. E. Lease — This Lease Agreement, including all Exhibits. P. District — The Tuioso- Midway Independent School District. G. Premises. Means approximately 0. 42 acres of the West Guth Park located, as shown on Exhibit A. 4. QJstnctServkesandResponsibiIities. . 1 30 A. Maintenance ce Operations. District is authorized to erect and maintain tennis courts for District use on the Premises. District has the sole responsibility to operate and maintain its tennis courts on the Premises. District shall keep the Premises in a clean and sanitary condition. B. Public Use. At all times the District does not have use of the tennis courts located on the Premises, it agrees to make therm available for public use. 5. A. District Contact Person; For this Lease, District's Contact person is the Superintendent. B. ,CitySontact Person. For this Lease, the City's contact person is the Director of Parks and Recreation. 6. Default and Cancellation. A. The following are defaults: Failure to keep, perform, and observe all conditions and terms contained in this Lease. District will be notified in writing of any default and have 15 days to cure the default. B. This lease may be canceled whenever District fails to comply after written notice of a violation, recommended cure and period of cure. C. Notwithstanding any other provision hereof, either party hereto shall have the right upon thirty (30) days written notice to the other to cancel this agreement and terminate the same. 7. Miscellaneous. A. Utilities. District agrees to pay for all utilities associated with its use of the Premises. B. haws. District must comply with all applicable federal, state, and local laws, rules and regulations. C. Alterations. District must not make any additions or alterations, other than general maintenance, to any improvements on the Premises without the Director's prior written consent. D. RelationshiR. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and District will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party are not nor construed to be, the employees or agents of the other party for any purpose whatsoever. 31 E. Assy i nrn n . This Lease may not be assigned. F. ,Libr!E. Neither party agrees to indemnify or hold harmless the other party as to personal injuries arising out of this Lease Agreement. The liability, if any, of either party is that prescribed by the laws of the State of Texas. G. Nondscrimination. District covenants that all its officers, employees, agents, students, and invitees will be treated equally without regard to or because of race, religion, national origin, sex, age, or disability and in compliance with all federal and state laws prohibiting discrimination in employment. H. Notice, All notices which are required to be sent under this Lease must be sent by certified mail or hand delivered as follows: If to City: City of Corpus Christi Parks and Recreation Department PO Box 9277 Corpus Christi, TX 78469 -9277 Attention: Director of Parks and Recreation (361) 826 -3461 If to District: Tuloso - Midway independent School District 9760 La Branch Street Corpus Christi, TX 78410 Attention: Superintendent (361) 903 -6400 Either party may change the address to which notice is sent by using the method set out above. 1. Waiver, Any waiver by the Parties of a breach of covenants, terms, obligations, or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. J. Surrender. Upon expiration or cancellation of this Lease, District at the City Manager's written request, will remove the improvements and restore the surface of the Premises to a level grade. K. Publication. District agrees to pay costs of publication of this Lease as may be required by the City Charter. 3 32 EXECUTED IN DUPLICATE, each of which are considered an original, this the day of Jo., _ , 2007. City of Corpus Christi By: George K. Noe, City Manager Date: - — - Attest: Armando Chapa, City Secretary Legal form approved on May 22, 200 7. By: Lisa Aguilar, Assistant City Attorney For City Attorney 33 Tuloso-Midway ISD Tuloso-Midway Lease Area Tract 1 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.30 Acres (13,116 SQ. T. ) of land out of West Guth Park, as recorded in Volume 53, Pages 8346 of the Map Records of Nueces County, 'Texas. This 0.30 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found " Iron Pipe, being the northerly corner of the Tuloso-Midway School Tracts recorded in Volume 55, Page 61 of the Map Records of Nueces County, Texas; THENCE 532°09 ?30KW along the northwesterly Boundary Line of said Tuloso- Mi Tuloso-Midway Lease Area Tract 11 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 012 Acres (5,332 SQ FT.) of land out of West Guth Park, as recorded In Volume 53, Pages 83-86 of the Map Records of Nueces County, Texas. This 0.12 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 1" Iron Pipe, being the northerly corner of the Tuloso-Midway School Tract as recorded in Volume 55, Page 61 of the Map Records of Nueces County, Texas; THENCE N90°00100"E through West Guth Park as recorded in Volume 53, Pages through 86 ofthe Map Records of Nueces County, Texas, a distance of 130.24' too a Point, being the northeast corner of this tract; THENCE SOO°00'00"E continuing through said West Guth Park, a distance of 81.88' to a Point on the northeasterly boundary line of said Tuloso- Midway School Tract, being the southerly comer of this tract; THENCE 1 5' °50'30 "W along the northeasterly Boundary Line of said Tuloso- Midway School Tract, a distance of 153.84' to the POINT AND PLACE OF BEGINNING and containing 0.12 Acres of land. Bearings are with reference to the northwesterly boundary line of the Tuloso-Midway School Tract as shown on Plat thereof recorded in Volume 55, Page 61 of the Map Records of Nueces County, Texas. State of Texas County of Nueces ces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 31sT day of May, 2007. a 0,1,, uss ll .Ochs State of Texas License No. 5,241 35 1 N90'00'00"E 12 .L Lj dr t9; 45/ / szi be) A;)1, �r M CC 0 v z • # 0.e vCL 0 5 3 1 0 0 > (f) 0 0 0 ce 0 c 00 L J 0 z 0 4 1 re z c.,fe cow O 0 3T z 1 Li Pd (:?, i i 6 v, *A w L9 cc ct LLI I . D 0 • i • 002w .• 6..i.e,„A <,.._ 0. u. 0 wed -E; 0 L4 L) la) 2 Cf) Cqn) t+ I t..) ti) 6)1-) „ N, # Fl EM 1,4 8 Lk. Er KNOWLEDGE, THIS THE Vi 6 LJ Lid Z Ili w(i) 0 ix W 0 . co 0 > ct z { ix 01- 1A- CD - - 0� w 1 f tf, 0 0 1, w z co 0 1. 0I- 1-C 0 1 0 al LL 0 LA 0 0 1.L.I I- O W aDI- I- a_ iv4 104 0 oA igg o try wM V I ap o� OWNER: : CITY OF CORPUS CHRISTI, TX (WEST GUTH O In • c co Ct La 0 6'0 co a- 0 < 5 0 to 5 I-- v) L o L C COUNTY, TEXAS. 17 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: July 10, 2007) Case No. 0407-05. Anthony's Aveda Salon: A change of zoning from a "R-1B" " One - family Dwelling District to a " -1" Neighborhood Business District on property described as Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and Jacquelyn Drive, approximately 200 feet east of Everhart Road. Plannin i Commission & Staff's Recommendation a 30 200 : Denial of the "B-1" Neighborhood Business District and, in lieu thereof, approval of a Special Permit subject to a site plan and four (4) conditions relating to use, access, screening, and time limit Re steci ouncilAction: Denial of the "13-1" Neighborhood Business District and, in lieu thereof, approval of a Special Permit subject to a site plan and four conditions relating to use, access, screening, and time limit. Background: • The applicant requested tabling of the case at the Planning Commission hearings on May 2, 2007 and May 16, 2007 in order to discuss development issues with the adjacent residential community. At the March 30, 2007 Planning Commission hearing, the representative and the neighbors reached an agreement on the development plans for the subject site The use of the rear portion of the subject site for a parking lot was acceptable provided there was no vehicular access along Sam Street. The commercial parking lot would be allowed and screening of the parking lot with a wrought iron fence would be provided, all in conjunction with the site plan. Summa y • Request: The applicant is requesting a change of zoning on 0.20 acres from "R-1B" One- Family Dwelling District to "B -1" Neighborhood Business District to allow additional commercial parking behind an existing commercial use at 817 Everhart Road. The subject property is located on the northwest intersection of Sam Street and Jacquelyn Drive, 200 feet east of Everhart Road. • Zoning History: In 2001, the applicant requested a change of zoning from "AB" Professional Office District and "R -1B" One - Family Dwelling District to "B -1" Neighborhood Business District for the subject property and the adjacent property to the west (location of the salon) to allow for increased signage, retail sales of beauty products, and commercial parking, City Council approved a "B-1A" Neighborhood Business District for the salon (Sunnyside Strip, Lots 14B and 15). At that time, the applicant withdrew his application for the parking lot on the subject property before going to City Council. Planning Commission and staff had recommended denial of the "B-1" Neighborhood Business District zoning request for commercial parking on the residential subject property. • Development Plans: The applicant intends to develop the western half of the subject property as a commercial parking lot because existing parking for the adjacent salon is insufficient Per a neighborhood meeting, the applicant indicates that the existing house will remain on the lot to maintain the residential integrity of the area. The applicant proposes to enclose the parking lot on the southern side with a five -foot high wrought -iron fence and a five -foot wide landscaped strip. The applicant also proposes to monitor access to the parking lot during non- business hours by using an automatic gate that opens at 8 am and closes at 7 pm. (See revised site plan.) Agenda Memorandum Case No 0407-05 (Anthony's Aveda Salon) Page • Parking: The parking requirement for a retail establishment is one (1) off- street parking space for each 200 square feet of gross floor area. The 3,200 square foot salon building is required to provide at least sixteen (16) off- street parking spaces. Currently, the salon has approximately seventeen (17) legal on- premise parking spaces. The proposed development plan will provide an increase in parking spaces to twenty -nine (29). • Screening: A standard screening fence with a height of not less than six feet is required when a business locates adjacent to a residential district. The proposed site plan indicates a six -foot high wooden fence to be constructed approximately ten (10) feet behind the rear of the existing house. The existing fence will remain along the northern property line. The applicant also proposes to construct a wrought -iron fence with five feet of landscaping along the southern lot tine, which is adjacent to Jacquelyn Drive, and not a residential district. • Existing Land Use: The subject property is currently occupied by a single- family home. Single - family homes are also located to the north and east of the subject property. West of the subject property is Anthony's Aveda Salon. To the south, across Jacquelyn Drive, is a light industrial use. • Transportation: The subject property fronts Sam Street, which is a local street that intersects with Jacquelyn Drive, also a local street. The subject property is approximately 200 feet east of Everhart Road, an arterial. The proposed site plan indicates that the exi Agenda Memorandum Case No 0407-05 (Anthony's Aveda Salon) Page 3 Notification: Of the twenty -five notices mailed to the surrounding property owners, zero (0) were returned in favor and two were returned in opposition (4.83%). The 20% rule is not invoked. This case is considered non- controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. DiFGMblp Attachments: 1) Zoning Report 2) Planning Commission Minutes (May 30, 2007) 3) Ordinance (11 KalU10 Deborah A. Marroquin, P. E. Interim Director of Development Services PIIvM/Projet Manager Sr.CP/CP Planning Director CITY COUNCIL ZONING REPORT Case No.: 0407 -05 City Council Hearing Date: July 10, 2007 Applicant: Anthony's Aveda Salon I. . Owner: Dionicio Garza cs oh Agent: Joe L. Garcia s Legal Description/Location: Claremont Place Block 1, Lot of 1, located at the northwest Co CI) intersection of Sam Street and Jacquelyn Drive, approximately 200 feet east of Everhart Road. tal 0 04 From: "R-1B" One - family Dwelling District To: "B-1" Neighborhood Business District Area: 010 acres Purpose of Request: To allow for commercial parking. Site North Zoning "R-113" One- family Dwelling District "R_1" One - family Dwelling District South East Existing Land Use Future Land Use Low- density Residential Low - density Residential Low - density Residential "B-4/SP" General Business Light Industrial District with a Special Permit "R-18" One - family Dwelling Low - density Residential District West "B-1A" Neighborhood Business District Commercial Low - density Residential Commercial ow- density Residential Commercial „, CLi ciS J:67 2, Area Development Plan: Southeast; The Future Land Use Map supports low - density residential uses. Map No.: 043037 Zoning Violations: Residential subject property provides driveway access for Anthony's commercial traffic onto Sam Street. Violation reported to City Call Center for enforcement April 2007. The Zoning application was filed April 2007 to rectify violation. i- [ :IPLi -DIRI HAREDIBeverly1 07 P \Z i RPT 1Apri1\ Reports\0407-05 Anthonys Aveda Saion.doc Zoning Report Case No. 0407-05 (Anthony's Aveda Salon) Page 0 tA r: rt.' • Background: The applicant requested tabling of the case at the Planning Commission hearings on May 2, 2007 and May 16, 2007 in order to discuss development issues with the adjacent residential community. At the May 30, 2007 Planning Commission hearing, the representative and the neighbors reached an agreement on the development plans for the subject site The use of the rear portion of the subject site for a parking lot was acceptable provided there was no vehicular access along Sam Street. The commercial parking lot would be allowed and screening of the parking lot with a wrought iron fence would be provided, all in conjunction with the site plan. • Request: : The applicant is requesting a change of zoning on 0.20 acres from "R-1B" One - Family Dwelling District to "13-1" Neighborhood Business District to allow additional commerci Zoning Report Case No. 0407-05 (Anthony's Aveda Salon) Page 3 Staff's Summary (coat.) Existing Land Use: The subject property is currently occupied by a single- family home. Single- family homes are also located to the north and east of the subject property. West of the subject property is Anthony's Aveda Salon. To the south, across Jacquelyn Drive, is a light industrial use. Transportation: The subject property fronts Sam Street, which is a local street that intersects with Jacquelyn Drive, also a local street. The subject property is approximately 200 feet east of Everhart Road, an arterial. The proposed site plan indicates that the existing driveway from Sam Street to the existing paved parking behind the residence will be closed. The existing curb -cut on Jacquelyn Drive will provide access to the fenced -in parking lot and will be gated. Access to the parking lot will be closed between 7 pm and 8 am, except for on- premise dumpster service. r, ci) Department Comments Street Sam Street ape Local Access Street 1 Paved Section 50' ROW Jacquelyn Drive L,L0t1 Access Street The subject property is platted. Volume (2001) N/A 50' W N/A In August 2001, a change of zoning for a "B-1" District was requested for a parking lot on the subject property serving Anthony's salon on Everhart Road. The Planning Commission and staff' recommended denial of the "B-1" District for a parking lot on the subject property on Sam Street. At the time, there was 10.63% opposition. The applicant withdrew the request for a change of zoning in October 2001 prior to City Council action. Approval of the "B-1" District for commercial uses would foster encroachment of commercial uses into an established residential neighborhood. In May 2007, the representative met with residents of the neighborhood and reached an agreement for a Special Permit subject to the attached site plan and four conditions. H:\PLN-DIR\SHAREMBeverly\2007 P \Z N PT \April\ Reports\0407-05 Anti onyx Aveda Salon.doe Zoning Report Case No. 0407-05 (Anthony's Aveda Salon) Page 4 Staff Recommendation Staff recommends denial of the " -1" Neighborhood Business District and, in lieu thereof, approval of a Special Permit subject to a site plan and the following four conditions: 1, USE: The only use authorized by this Special Permit other than uses permitted in the "R-1B" One-Family Dwelling District on the subject property is an enclosed commercial parking lot located behind the existing house. This parking lot can only be used in association with the business at 817 Everhart Road (located directly to the west of the subject property. The existing residence east of and adjacent to the proposed parking lot must remain as a single - family residence. 2. ACCESS: Direct vehicular access to the commercial parking lot is prohibited from Sam Street. Access to the parking lot from Jacquelyn Drive shall be permitted only during the hours of 8:00 am to 7:00 pm, Monday through Saturday, except for on- premise dumpster service. 3. SCREENING: A five foot tall wrought iron fence shall be provided along the south side of the proposed parking lot and a standard solid screening fence shall be provided along the east side of the parking lot and set back approximately ten (10) feet from the rear wall of the existing residence. A minimum five foot wide landscape strip shall be provided along Jacquelyn Drive adjacent to the existing commercial building (located at 817 Everhart Road) and the subject parking lot. This landscape strip shall be irrigated, maintained and consist of at a minimum, five gallon Indian Hawthorns spaced at three feet on center. 4. 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. Approval of Staff's Recommendation. -64 Number of Notices Mailed - °' ' Favor - pposition - 2 (4.83%) • G g (As of June 29, 2007) Attachments: Zoning Map Site Plan Ownershi 2 -B �s B F -R RE RA R -1A R-1B R -1C A -1 A-1A A -2 AT AB Farm Rural District Residential Estate District One Family Dwelling District One Family Dwelling District One Family Dwelling District One Family Dwelling District Apartment House District Apartment House District Apartment House District Apartment- Tourist District Professional Office District R -TH R -2 T -1 A T -1B T -1C HC 1 -2 1 -3 P PUD Case 0407 -05 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 Unit Development B -1 B -1A B -2A B -2 BD B-3 B-4 8 -5 B-6 1 Neighborhood Business District Neighborhood Business District Barrier Island Business District Bayfront Business District Corpus Christi Beach Design Dist, Business District General Business District Primary Business District Primary Business Core District Limited Industrial District NORTH 0 100 200 Feet HK/O2APRO7 7.7E11E_ frolo ?Iini‘ort 64 4zr e 0,0 a d A'a 0)41 C es kal it_01/.041 0,D41134edf. 1aENIG5t) SITE ?JAW 6AE- 1\16. 0-109-05 1 litiabiiiill _., ,411, -0- Case 0407 -05 OWNERSHIP MAP tiSubject Property Owners within 200 feet Iisted on attached ownership list F � Owners in favor X OiNners in opposition A4 NORTH 0 100 200 Feet HKPR t! v iffi ('Cg iqc girl 3111 FPPP ggg caCaa.�te:�icevwrv�c 1911111r 111111111T Si Egg gi S - -- 6Ew 8 ..ecC n 9 "gok,05W1402468§4§ ggir1111 g WrT, fn km ;km Aw C 70q m m 7* "pqi14,08vqgq"qg ERWMEgggaftitiMiE r +C?Le1 i4 1211 T lig V !F4 E v30, 8 I „72 m ap W5)79 mmz m�z��++�mg g.gg W . T(g j RzzzmrnmRAmm uHr-5ERt-T,PItRw% mmm„732mmrm_mgm,mmm., ram„ _oo-� m�cnnao cm �+u!d amp Soda r'.a RiFk i — i— rt77 ± W W. A W 4 O V 5 fi IT i�7 N � - COO �CGOC�CS+�� �COt,�CF3�i�r'�C#.rC �40GSG.� p�+ G SE ='t tA-TES CC Q IS E 14f+'r OG�C W Q�h}1 t �i �+4 fJ`[+�iCw� G it-C e 2. CI CD 0 ZIA E 13 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0407 -05 Name: Anthony's Aveda Salon Circled = FAVOR X = OPPOSED {Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Twenty -five (25) Returned undeliverable: One (1) I. Notices returned from within the 200 -foot notification area: Favor: 0 Apposition: 2 (4.83 %) #13 Esteban Martinez, Jr., 4237 Jacquelyn Dr, 78412 "1) Property value may go up, 2) therefore taxes could go up, 3) will bring more traffic flow, 4) more wear and tear on the road, 5) dangerous for kids to play outside due to more traffic flow." #14 Juan Manuel Garcia et ux, 734 Sam, 78412 (No comments) H. Responses received from outside the 200 -foot notification area: Favor: 0 �pposition: 0 M. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H :\PLN- DIR\SHA ED\Bev rly12 7 P \PUBLI COMMENTS\0407-05.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - May 16, 2007 5 :30 P.M. COMMISSIONERS PRESENT: Chairman Bryan Stone Rudy Garza, Vice Chairman Fred Braselton Atilano J. Huerta 'Arrived at 5 :33 pm Evon J. Kelly Johnny I. Martinez Michael Pusley James Skrobarczyk John C. Tamez STAFF: Johnny Perales, PE, Interim Deputy Director, Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services Planning Miguel S. Saldalia, AICP, Senior City Planner Shannon Murphy, AICP, City Planner Mic Raasch, City Planner Wendy Ogden, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingl es es limitado, habra un interprete de espatiol a ingl s en la junta pars ayudarle 1. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :30 p.m. IV. ZONING 1. Tabled Cases a. Case No. 0407 -05 Anthony's Aveda Salon: A change of zoning from a "I -1" One-family Dwelling District to a "B-1" NeiglAiorhood Business District Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and Jacquelyn Drive, approximately 200 feet east of Everhart Road. Mic Raasch presented the above case via Power Point, stating that the case has been tabled three times. Mr. Raasch stated the applicant is Anthony's Aveda Salon and the subject property is located on the east side of Everhart approximately 500 feet north of Staples Street The location is approximately 200 feet east of Everhart Road at the intersection of Jacquelyn Drive and Sam Street. The applicant is requesting a change of zoning from a "R-1B" One- family Dwelling District to a "B-1" Neighborhood Business District to allow for commercial parking for the adjoining commercial property to the west on Lot 15. Mr. Raasch stated the subject property has an existing single family residence on the property with a driveway. In Planning Commission Minutes May 30, 2007 Page 2 addition, the driveway has been expanded and provides access to an existing illegal parking area located behind the residence that has been used by the salon for several years. The applicant is now requesting to make that parking legal by requesting a change of zoning for the property. Mr. Raasch stated the case has been tabled three times to allow for the applicant's agent to meet with concerned neighbors present at previous Planning Commission meetings. After several meetings, a reasonable compromise has been developed and the site plan has been provided in the Planning Commission packet. Mr. laasch stated that one of the major concerns of the neighborhood was having the existing residence demolished and a parking lot consume the entire lot. The neighbors feel they can maintain the integrity of the neighborhood by keeping the residence as a single family dwelling, and allow for the commercial parking at the rear of the lot with several conditions which are included in the zoning report. Staff is recommending denial of the "B-1" Neighborhood Business District and in lieu thereof, approval of a Special Permit with the recommended four conditions and the submitted site plan. Conditions include that the existing driveway along the north side of the residence be removed with no access to the parking lot from Sam Street, only via the existing driveway on Jacquelyn Drive. Access to the parking lot from Jacquelyn Drive shall be limited between 8:00 am to 7:00 pm, Monday through Saturday, except for on- premise dumpster service. Mr. Raasch further stated that the existing residence east of and adjacent to the proposed parking lot must continue use as a single - family residence. A five foot tall wrought iron fence shall be provided along the south side of the proposed parking lot to allow a full view of the lot from the street and a standard solid screening fence shall be provided along the east side of the parking lot and set back approximately ten (10) feet from the rear wall of the existing residence with specific landscaping requirements, including five (5) gallon Indian Hawthorns spaced at three feet on center along the length of the fence on Jacquelyn Drive and the salon. 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. Of the twenty -five notices mailed, zero were retuned in favor and two were returned in opposition. The two in opposition were submitted in April; it is not clear whether they are still in opposition or not. In response to Commissioner Pusley, Mr. Raasch stated that if the land should sell in the future, the Special Permit continues with the land. In regard to the residence, it must remain residential and that the home is owned by the same property owner who owns Anthony's Aveda Salon. In response to Chairman Stone, the one year limit on the Special Permit is monitored by compliance officers. Public hearing was opened. Mr. Joe Garcia came forward representing the applicant, stating the current site plan is a compromise worked out with the neighbors. The original plan was to take down the existing residence, but the neighbors were not in favor of that regardless of efforts by the applicant to minimize the visual effect on the neighborhood. Mr. Garcia stated that eventually the neighborhood suggested leaving the house and a plan was worked out Planning Commission Minutes May 30, 2007 Page 3 agreeable to both sides. Mr. Garcia stated the reason for the request is because of too much on- street parking on Jacquelyn Drive. Mr. Garcia stated that there will be no access to the parking lot from the residence and that the parking lot will be fenced off and landscaped. He stated that the house is owned by Anthony's and is currently rented out. In response to Commissioner Pusley, Mr. Garcia stated they intend to continue renting the house out to the current renters. Public hearing was closed. Motion was made by Commissioner Pusley for denial of the "B-1" I eighborh od Business District and, in lieu thereof, approval of a Special Permit subject to a site plan with the four conditions provided in the zoning report and subject to final landscaping approval by staff. Motion was seconded by Commissioner Martinez and passed unanimously. H:1PLI - DIR\SHARED\BE ERLY120 7 CC APRIL "07\0407-05 MINUTES.DOC Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ANTHONY'S AVEDA SALON, BY CHANGING THE ZONING MAP IN REFERENCE TO CLAREMONT PLACE, BLOCK 1, LOT 1 FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "R-113/SP" ONE- FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR A PARKING LOT, SUBJECT TO A SITE PLAN AND FOUR (4) 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 Anthony's Aveda Salon, 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 18, 2007, and Wednesday, May 30, 2007, during meetings of the Planning Commission, and on Tuesday, July 10, 2007, during a meeting of the City Council, in the Council Chambers, at City Hail, 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 oof Corpus Christi, Texas, is amended by changing the zoning on Claremont Place, Block 'l, Lot 1, located at the northwest intersection of Sam Street and Jacquelyn Drive, approximately 20 feet east of Everhart Road, from "R-1B" One-family District "R-113/SP" One-family Dwelling District with a special Permit for a arks � ng lot, subject to a site flan and four conditions. (Zoning Map 043037) (Exhibit) SECTION 2. That the Special Permit granted in Section 1 this ordinance is subject ct o the following four conditi ons: 1 • The only use authorized by this Special " " r Permit other than the R�'1 Ore - family Dwelling District on the subject property e is an enclosed commercial parking lot located behind the existing house. This r r g parking lot can only be used in association with the business directly to the west of the subject property (specifically with the property located at 817 Everhart Road). The existing house adjacent to the proposed parking lot must remain as g single- family residential use. 1-1:1 E - DIRlshared ary lager da1200717 -1 AOrd-zon ing0407-05AnthonysSalonSPfraft.doc Page 2 of 4 2. Access: Direct vehicular access to the commercial parking lot is prohibited from Sang Street. Access to the parking lot from Jacquelyn Drive shall be permitted only during the hours of 8:00 am to 7:00 pm. Monday through Saturday, except for on- premise dumpster service. 3. ,Screening :. A five (5) foot tali wrought iron fence shall be provided along the south side of the proposed parking lot and a standard solid screening fence shall be provided along the east side of the parking lot and set back approximately ten (10) feet from the rear wall of the existing residence. A minimum five foot wide landscape strip shall be provided along Jacquelyn Drive adjacent to the existing commercial building (located at 817 Everhart Road) and the subject parking lot. This landscape strip shall be irrigated, maintained and consist of at a minimum, five gallon Indian Hawthorns spaced at three (3) feet on center. 4. 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 7-6 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 . 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 HALE -Dl F I h a recfiGa r la ends 120071 -4Ol -zon n g0407-05Anthonys S onSP-altdoc td Page 3 of regular meetings so that this ordinance is passed upon first reading as an emergency ge measure on this 10th day of July, 2007. ATTEST: CITY of CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: July 3, 2007 Ga T W. mith Assistant City Attorney For City Attorney H:\LE - DIISISharedl ary lag r da12 0 1 -'I0l rd- zoning0407 -0 nt on sSalonsP- altdo0 Page4of4 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 on ordinances at two regular meetings. ire, 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 - - Melody Cooper Larry Elizondo, Sr. - - - -- Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -- H:1LE -DIR Share l arySlagenda12O 1 - 1O1ord- oni g04O -O nt n a)on P- att,doe ogoiNir Lei 14' -rtawr 0 ' 1 4 % CbiaNic teS 0 1 4 M6 - ( r o u d gs%fl) SI1E ?LAtI O5E 1\161. o11oo1E:' 18 Christ Communit Church (361) 991 -0690 IL' 32:01 Rodd Meld Road Co us Christi, TX 78414 361,992,45b7 CHRISTPOINTGHURCH.COM. FAX: 361.992.4568 facsimile transmittal To: ;nnc:(\ POLTPILI Fax: From: C COMM � � 1' Date: 071o10 Pages Indudfn0 Cover: Re: tA. Y' 0 Urgent or review 0 Please comment 0 Please reply 0 Please recycle Notes: Le�tt2r _ for \\1 L o Z01\)‘‘ n �i APO L eihrt 2iI[\:;:::L P. Christ mmun i to Church (3611 S91-0690 '1b Whom 1 t Nifty C nccm: CHRIST C iM NIT Y CHURCH R I. D Fresl..D ROAD ( :() RPUS CHRISTI, TX 78414 361 .9 0 2 2 01 PA X 3 6 1. 9 2 . 4 S 6 7 P.2 CCk€ O'o'7o(, I :I ciiv C ixinincdi etc ; WC are formerly erly -withdrawing out application for re- Milling WC lifilfe ,old the property anti wt: no longer 'tee to go forward with evil n 1 licitt n. Thin you for you time amcl eongideration in this aiucr. PIc; sc COi r*ct us if yew need further assistance- 6,AL Po Miyt, .4-- JA,..4.--tu_ AGENDA M Mo M PI LIC HEARING — ZONING (City Council Action Date: July 10, 2007) Case No. 0407-06 Christ Community Church f r _rly known as ntlyrna BAIL.' t" : A change of zoning " �-R" Farm -Rural District to a "B-4" General Business District on the easterly 3.82 acres n� from a I' (Tract 1) and a "AB" Professional Office District on the westerly 184 acres (Tract 2) of Christ Community Subdivision, Lot 1, located on the west side of Rodd Field Road, approximately 375 feet south of Holly Road. Plannin Commission & Staff's Recommendation A ril 18 200 : Approval of a "B-4" General Business District for Tract 1 and an "AB" Professional Office District for Tract 2. Requested Council_ Action: Approval of a "B-4" General Business District for Tract 1 and an "AB" Professional Office District for Tract 2. Sumnrar • Request: The applicant is requesting a change of zoning from an "F-R" Farm -Rural District to a "B-4" General Business District for Tract 1 (182 acres) and a change to the "AB" Professional Office District for Tract 2 (3.84 acres). The former request to develop the property as an event center by Ms. Puga, a prospective purchaser, is no longer being considered. The property is owned by the church and their intent is to sell the property for commercial and office uses. Therefore, the church is proceeding with the zone change request. • Zoning: The "B-4" General Business District provides for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists. Examples of uses permitted in the "B-4" District include multi- family residential, auto and boat sales, restaurants, hotels, enclosed mini- storage, bars. The required front yard setback is twenty (20) feet, with no side or rear yard setbacks unless adjacent to a residential district, which would require a ten (10) foot side and rear yard setback. The "B-4" District does not have a maximum building height. • The "AB" Professional Office District is intended to encourage office development of high character in attractive surroundings with types of uses that are generally compatible with single- family or multi- family dwellings conveniently located within or adjacent to the district Examples of uses permitted i Agenda Memorandum Case No. 0407-06 (Christ Community Church, formerly known as "Myrna 13. Puga") Page 2 • Parking: The existing site contains 128 marked parking spaces with unmarked overflow parking behind the building for an estimated 50 additional parking spaces. Any future commercial or office use development will comply with the parking requirements of the Zoning Ordinance. • Transportation: The trip generation cannot be calculated at this time without a proposed tenant for the site. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with commercial uses can generate 42.94 average daily trips per 1,000 square feet of floor area and office uses can generate 135 average daily trips per 1,000 square feet of floor area. Access will be provided to Rodd Field Road which is improved with four travel lanes and a continuous center turn lane. The Urban Transportation Plan calls for the roadway to be widened to ultimately six travel lanes with a 16 foot wide median. Notification: Of the twenty -sip (26) notices mailed to the surrounding property owners, two (2) were returned in favor and one (1) was returned in opposition (O.86%). The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Deborah A. Marroquin, P. E. Interim Director of Development Services 1lFGlrlblp Attachments: 1) Zoning Report 2) Planning Commission Minutes (April 18, 2007) 3) Ordinance CITY COUNCIL ZONING REPORT Case No.: 0407-06 City Council Hearing Date: July 10, 2007 643 Applicant: Christ Community Church (formerly known as "Myrna B. Puga") Owner: Christ Point Church crs Le.c Agent: Terry Cox a.) Legal Description Location: Christ Community Subdivision, Lot 1, located on the west side of Rodd Field Road, approximately 375 feet south of Holly Road. Zoning Request os tit '- on 0 • 04 From: "F -R" Farm Rural District To: "B-4" General Business District -- Tract 1 (3.82 acres) "AB" Professional Office District — Tract 2 (3.84 acres) Area: 7.656 acres Purpose of Request: The former request to develop the property as an event center by Ms. Pug a prospective purchaser, is no longer being considered. The property is owned by the church and their intent is to sell the property for commercial and office uses. Site North South Zoning Existing Land Use "F-R" Farm -Rural District Church "F -R" Farm -Rural District Vacant "AB" Professional Office Vacant District East "B-4" General Business District Vacant Pest "R-113" One - family Dwelling District oh 8 es c 12: A � Low Density Residential Future Land Use Professional Offices (Tract 2) and Commercialract 1) Low Density Residential and Commercial Professional Offices Commercial Low Density Residential 1 Area Development Flan: Southside; The Future Land Use Map supports commercial and professional office uses for the subject property. Map No.: 041033 Zoning iolations: N one Zoning Report Case No. 0407-06 (Christ Community Church) Page 2 CC Request: The applicant is requesting a change of zoning from an "F -R" Farm -Rural District to a "B-4" General Business District for Tract 1 (3.82 acres) and a change to the "Aft" Professional Office District for Tract 2 (3.84 acres). The former request to develop the property as an event center by Ms. Puga, a prospective purchaser, is no longer being considered. The property is owned by the church and their intent is to sell the property for commercial and office uses. Therefore, the church is proceeding with the zone change request. • Zoning: The "B-4" General Business District provides for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activi Zoning Report Case No. 0407 -06 (Christ Community Church) Page a • Transportation: The trip generation cannot be calculated at this time without a proposed tenant for the site. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated wi Zoning Report Case No. 0407-06 (Christ Community Church) Page 4 a a 1 .30 ,. s ..74 a t 0 g Number of Notices Mailed — 26 Favor — 2 Opposition — 1 (0.86%) -- Only 1 is shown due to opposition from The Clower Company at Planning Commission meeting of April 18, 2007 being rescinded on April 25, 2007.) (As of June 29, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed H:1PLN -D1 HARED J3 v rl y1 0 7 P I NRPT \April\ C Reports\0407-06 Christ Community Church.doc - 9-B EVIEW ACR ACRES 8 -A SUNSHINE ACRES F-R igNJDOIA64 Pnl2b©IL. F-R to AB FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT AB B -4 FLOUR & ENCINAL FARM & G A -1 A -1A A-2 AB AT B-1 U-1A 6 -2 B-2A 6 -3 B- B-5 B BD F -R HC 0 100 200 400 CASE # 0407 -06 ZONING Apartment House Disbrict Apartment House District Apartment House District Professional Office District Apartment- Tourist District Neighborhood Business District Neighbortroad Business District Bay rant Business District Barrier Island Business District Business District General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist_ Farm Rural District Historical-Cultural Landmark Preservation 1 -1 Limited Industrial District 1.2 Light Industrial District 1 -3 Heavy Industrial District PUD Planned Unit Development R -1A One Family Dwelling District R -1B One Family Dwelling District R -1C One Family Dwelling District R -2 Multiple Dwelling District RA One Family Dwelling District RE Residential Estate District R -TH Townhouse Dwelling District P Special Permit T -1A Travel Trailer Park District T -1B Manufactured Home Park District T -1C Manufactured Home Subdivision District F4apanrd Br; BBB Pry Oat.; in 02007 Puled sou .; Clr or Coq., C - onnlopm.nl $$ Fir: 1 1PLM -DCF PSHAREDY31SFroisclslca...1 OH ERG CASE 0€17 -C6nkd FARM FLOUR BLUFF & EN INAL FARM GARDEN I TRACT Owners within 200 feet listed on attached ownership table Prepared By: SR R R Ode, Gil ? PrOta : Ci C4 . Dowskspment Ins Fib- H:VIM -DI ,SHAREMOISPr*d.kateEMO ING CASE 04O7-06,..1 N Mein JOV H 9L0L r 141114n6§ •t4 909L-Z66 L tr9L 1Cg1.8 xoe 'd psyqo sndJo Ot 0 *0 d 0 n !PION ImWPPV a a • OED !D z1 8 El!, ? :QiDcc-4 W -. O V .1 F 1 1 -J O f J -1 rJ •1 V 1 -F 1 11111111111111111111 00 4. CO c rn cm n Cr 00m, ;0 8 ii Eg S a il -4 /1 re V:] 3; A ; 2 rMn rnv � i›o—I„AIMm �mo� o� _ 02 O , o , Arno m Un 1mc F m mmE m m "rnm � rn • -1 rn z� rn ZM 0 O r c C 0 1 x. =v m am -9 O 0 0M -OMP0C•'m30m n c_ 0 0°"03P--STX°M4MX��� CO ott 00P°D°'°° O•u c0�0 00 ' 0 t' I `' I v MW5 -1 -1M -10) m 5 M 2) rm z c • ' )gy- m M ▪ rn rn ca N z0 rn SM X08 0 d .1.33KLS A AYS 9C L Z 0 S31dY1S 9 MP l A0AVS OCLZ PO PONPo a cn 000 Iti CO Cn 71—i x ▪ xi P -4 -4 m o , 000000000000000000000 000000000000000000000 7)7073 7D737D7a73 X AD 7073XX737 7070X737 CZ ccccccccccccccccccc co CO 01 co co CO CP en op op en en 00 OD CO CA en en op co co C C C C] 0 C) C0 C C C) C? C C) CI CP C> C0 C0 C] 0 C0 00 co co 00 00 co co co 01 co op co CO en 00 CO 0 CO CO CO 00 rn r2gtrtrntgrggV2ZT T, PO ha 4, 4, 4, 4, *, 4, 4. 4, 4, o A. N4. 4,4.4.4.4.-44, 0 p m co X ' 0 1 ] _ Q1 C0 ! ]7 ! Co). 1 it8 CD CO CO t 0 C 0) -418 12 . CND OD Ea@ ID $O g 0, c irn 6 '0 at DQQ GC -- -I QN PDPQPOOOQP° 00 g O ONE '3 0)Oa)0)- EEEEEEEMEEEE222gEE2 14 .1 rJ .4 14 V .4 V .4 .4 .4 .4 -4 -4 V .J .J 11 -i 14 0 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0407 -06 Name: Christ Community Church Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Twenty -six (26) Returned undeliverable: Three (3) I. Notices returned from within the 200 -foot notification area: Favor: 2 #14, #17, Related Investors, Ltd, P.O. Box 8229, 78412, (361) 991 -4950 "With use restrictions as described in the attached warranty deed." Opposition: 1 (4.86 %) #20, Denise Ochoa Guerrero, 2150 Savoy St, 78414. 361-814-3430 "We do not want business or commercial traffic behind our property, Lot 42." H. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 M. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H :\PLN- EMR\SHARED\Beveriy\20 7 P \PUBLI COMMENTS‘0407-06.doc MINUTES ES REGULAR + E CULAR P ANNIN COMMISSION MEETING Council Chambers- City Hall Wednesday — April 18, 2007 5:30 P.I. 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. Tamez STAFF: Faryce Goode - Macon, Interim Assistant Director of Development ServicesfPlanning Juan Perales, Jr., PE, Interim Deputy Director of Development Services Cristina Fratila Mic Raasch, City Planner Stephanie Voss, Project Manager Gary Smith, Assistant City Attorney Beverly Lang - Priestley, 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. 1!. APPROVAL OF MINUTES April 18, 2007 Motion for approval of minutes was made by Commissioner Tamez and seconded by Commissioner Braselton. Motion passed unanimously. v. ZONING 1. New Zoning b. Case No. 0407-06 Myrna B. Puga: A change of zoning from a "F -R" Farm -Rural District to a "B-4" General Business District and "AB" Professional Office District Christ Community Subdivision, Lot 1, located on the west side of Rodd Field Road, approximately 375 feet south of Holly Road. Stephanie Voss presented the case via Power Point for Christ Community Church, stating the applicant is requesting a change of zoning from an "F -R" Farm -Rural District to a "B-4" General Business District for the front half of the tract (3.82 acres) and a change to the "AB" Professional Office District for the rear half of the tract (184 acres) which will allow for the existing building buildin to be used as an event center and allow for development of general offices on the rear half of the p roperty. Ms. Voss stated that the current surrounding zoning is "F -R" Farm -Rural to the north, "A-B" Professional Office to the south, and "B-4" General Business to the east and "R-18" One - family Dwelling to the west. Planning Commission Minutes April 18, 2007 Page 2 Ms. Voss stated the current land use is a 1,200 square foot building, previously used as a church. Ms. Voss noted that the property to the south was recently rezoned for a development of hospital and medical facilities. The proposed event center will have minimal impact to the capacity of Rodd Field Road and is consistent with the future land use map. Staff recommends approval. Of the twenty -six (26) notices mailed to the surrounding property owners, two (2) were returned in favor and two (2) were returned in opposition, putting the case in the 20% rule for City Council. In response to Commissioner Skrobarczyk, Ms. Goode -Macon responded that the property to the north is farm -rural and residential, but across Holly Road it is zoned "B-4" General Business District, however, all the surrounding land is currently undeveloped. Commissioner Skrobarczyk inquired about the minimal traffic impact on Rodd Field Road and noted that must be due to the present land use as a church. In response to Commissioner Braseiton, Ms. Voss stated the applicant has requested two different zonings on the property, " -" General Business District and "AB" Professional District, and that this does not present a problem to staff. In response to Commissioner Pusley, Ms. Goode -Macon stated that the event center would be permitted to have outdoor activities, just as the "13-4" property to the south and east. Commissioner Pusley stated his concern with the possibility of noise. In response to Commissioner Martinez, Ms. Goode -Macon stated the applicant was not interested in a Special Permit. Public hearing was opened. Arlene Misuraca, 2154 Savoy, Corpus Christi, Texas, 78412, came forward and read a letter which she stated represents the thirteen to seventeen homeowners on Savoy Street which backs against the property. The letter spoke of the "bird sanctuary" the vacant field represents to the residents. The letter did not oppose the zoning, but encouraged the protection of a "buffer" zone so that some vacant field is still available behind the homes to serve as habitat for the twenty -seven types of birds present and the other small wildlife. The letter described the residents' fondness of the birds and wildlife and how it is a part of their life. In response to Commissioner Pusley, Ms. Goode -Macon stated the case is in the 20% rule, requiring a super - majority vote of the City Council. In reference to Ms. Misuraca's request for the consideration of a buffer zone, Chairman Stone noted that if this land is rezoned, it will be up to the property owner and the residents to come to an agreement. Ms. Misuraca added that she and the other property owners are also concerned about the noise level of the event center. George Clower, 746 Brock Drive, Corpus Christi, Texas, 78412, came forward in opposition to the request. Mr. Clower stated he is with the Clower Company and they are the developers and part owners of the twenty acres south of the subject property. Mr. Clower stated he is not opposed to the "B-4" District requested by the applicant, however, they are concerned about the uses permitted by that zoning should the property be sold in the future, namely nightclubs. Mr. Clower stated he has been in contact with the applicant and has discussed a deed restriction for the property, however, they have not received a yes or a no from the applicant. H:1. PET! -D11 1 HA. ED\Bever1 12007 \April '07\0407-06 Minutes.doc Planning Commission Minutes April 18, 2007 Page In response to Commissioner S robarczyk, Mr. Clower stated that his property does include the "B-4" District property to the south. Commissioner Skrobarczyk stated that, should the current medical facility slated for the Clowers property fall through, there are no guarantees that the Clowers would not resell their "B-4" District property in the future resulting in unknown uses. Commissioner Skrobarczyk questioned the fact that it is because of this opposition that the case now requires a super - majority vote of the City Council, yet, Mr. Clower states he is not opposed, just concerned about future uses. Commissioner Pusley suggested it might benefit all involved if the item were tabled to give the Clowers more time to work with the applicant in reaching an agreement. Juanita Hernandez, 3746 Brushwood Lane, Corpus Christi, Texas, 78415, representative for the applicant/buyer, came forward in support of the request. Ms. Hernandez acknowledged contact with the Clowers concerning certain restrictions on the requested -4 District. Ms. Hernandez explained that upon meeting with the City, the requested zoning seemed to be consistent with the surrounding properties including the Glowers'. Ms. Hernandez explained that less than three and one -half 1/2 acres fall between the back of the event center parking and the neighboring properties to the rear. She stated that the surrounding B -4 District is without special provisions and it is only appropriate that this zoning be approved without special provisions also. In response to Chairman Stone, Ms. Hernandez stated that at this point there are no plans for outdoor activities except for a garden wedding or something to that effect, keeping in mind that most of the event at the facility wilt be in the evening weekend hours. She stated they also might have business meetings, business luncheons, and those types of activities. No outdoor activities are planned. Ms. Hernandez again stated that in being consistent with what's going on with adjacent properties and the adjacent property of Mr. Clower, they request the B-4 District remain just as is. In response to Commissioner Skrobarczyk, Mic Raasch stated that Dodd Field Road is slated to become a six -lane with a median all the way down to Kingsville and there is adequate right-of-way and that a B-4 zoning is consistent for an artery of that size and is on the adopted land use plan. Commissioner Pusley asked if the applicant would have a problem moving the B-4 District line into consistence with the current B -4 District line. Ms. Hernandez stated that she does not believe the location of the B -4 District line is an issue and that if the special restrictions are given to all the adjacent B -4 Districts the applicant would also accept those restrictions. Commissioner Pusley explained that the Clowers have come forward with a planned medical facility and lengthy discussions have been had; now this applicant comes forward requesting an event center. Commissioner Pusley stated that if the event center fails, then the building could be turned into a lot of different things causing a concern to the neighbors. Ms. Hernandez responded their intent is not to fail, just as it is the intent of the medical facility not to fail. Ms. Hernandez again stated the applicant is willing to accept the provisions if all the surrounding B-4 Districts have the same restrictions. She stated the City suggested they stay consistent with the surrounding properties and that is what they did. In response to Chairman Stone, Ms. Hernandez stated she is unaware of other prospective buyers who might want to keep the facility as a church. Chairman Stone stated he believes there are other interested buyers, including a church. Ms. Hernandez stated they have been in negotiations since January and are close to closing. H:1PLid- DIR\SHAREO \Beverly1 0O7 CC\April'07\0407 -0 6 Minutes.doc Planning Commission Minutes April 18, 2007 Page In response to Commissioner Huerta concerning the inconsistency of the location of the requested B -4 District line with existing adjacent B-4 District lines, Ms. Hernandez stated they simply followed the City Staff advice and if the City Staff and Planning Commision suggest they change it, they will. Commissioner Skrobarczyk pointed out that the requested B-4 District line is approximately the same depth as the 8-4 District on the other side of the street and it is his opinion that the current request is a good place to have the B -4 District line. David Lewis, 438 Pennington, Corpus Christi, Texas, 78412, came forward to state for the record that there is another church interested in the property to be used as a church without requiring a zoning change. Robert D' Bryan, 6929 Meadow breeze, e, Corpus Christi, Texas, 78414, owner of lot 33, stated there is a 'x' storm main in the area installed about ten years ago and inquired as to whether they would be putting a permanent structure on top of it. Chairman Stone noted that this is not the case before the commission, however, Ms. Goode -Macon addressed the statement, informing Mr. 'Bryan that when that land ernes in for platting there will be a meeting with Special Services Division which will calculate whether additional space will be needed for the drainage ditch and then establish needed setbacks. Public hearing was closed. Motion was made by Commissioner Braselton and seconded by Vice - Chairman Garza to approve staff's recommendation. Commissioner Braselton stated that the property at sometime in the future will be a B -4 District. Commissioner Braselton noted there is a city park across Holly Road, Lakeview Park, and believes this zoning request is appropriate. He further stated that if the B-4 line were moved it could prevent the facility from expanding in the future. Chairman Stone stated his opinion is that since there is a church already there and a church is interested in purchasing, he is against the rezoning request. Commissioner Huerta stated that the depth of the B-4 District is his concern and how it will affect future zoning lines. Commissioner Pusley stated he is in favor of event centers and that Corpus Christi needs more event centers; however, some consideration should be given to the churches in the area. Commissioner Pusley stated that one of the committees he serves had a discussion concerning the difficulty of churches finding appropriate property to build on or relocate to. He requests restrictions on hours of operation and he is also concerned about the depth of the 13-4 District. Commissioner Skrobarczyk stated the B-4 District across the street is about 300' deep and expects the cornier property on Rodd Field and Holly will eventually go B-4 District. Roll call vote was taken. Motion passed with a vote of five in favor and four opposed. H :\PL -DI \ HAR D1Bever1y1 O7 CC\April '07\0407 -06 Minutes.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CHRIST COMMUNITY CHURCH (FORMERLY KNOWN AS "MYRNA B. PUGA "), BY CHANGING THE ZONING MAP IN REFERENCE TO THE EASTERLY 3.82 ACRES (TRACT 1) OF CHRIST COMMUNITY SUBDIVISION, LOT 1, FROM "F -R" FARM RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND TO THE WESTERLY 3.84 ACRES (TRACT 2) OF CHRIST COMMUNITY SUBDIVISION, LOT 1, FROM "F -R" FARM RURAL DISTRICT TO "AB" PROFESSIONAL OFFICE 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 Christ Community Church (formerly known as "Myrna B. Puga "), for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, S, with proper notice to the public, public hearings were held on Wednesday, April 18, 2007, during a meeting of the Planning Commission, and on Tuesday, July 10, 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 7.656 acres out of Christ Community Subdivision, Lot 1, located on the west side of Rodd Field Road, approximately 375 feet south of Holly Road, the easterly 382 acres (Tract 1) from "F -R" Farm Rural District to "B-4' General Business District, and the westerly 3.84 acres (Tract 2) from "F-R" Farm Rural District to "AB" Professional Office District. (Zoning Map 041 033) (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, H:1LE -DIR\ hared aryMagendal oo?l -1 I rd- zoningE 0 -06 hri t ommunit hur h,do Page 2 of 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 f 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 on ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 10th day of July, 2007. ATTEST: Armando Chapa City Secretary APPROVED: July 3, 2007 /tit Ga ' f myth Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi H:ILE - IF I haredGary lagenda1200 17 -1 lord - oning 407 -0 hri t ommunity h ,r h.doo 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 votin g i upon ordinances at two regular meetings. 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1 LEG- D1R1Shar d ary lagenda1 OO 1 -1O\O D -z ning - hrist OmmunitY hur h.d0 Tract STATE OF TEXAS COUNTY OF NUECES FIELD NOTES FOR A 3.82 ARE TRACT OF LAND BEING 1 CHRIST COMMUNITY SUBDIVISION, A MAP OF WHICH IS RECORDED IN VOLUME 6Z PAGE 89, OF T MAP RECORDS OF NIECES CUNT F� , AND BEING MORE PARTICULARLY DESCRIBED MSS AND BOUNDS AS FOLLOWS: BY BEGINNING AT ANT MAR�BD Y � "PYLE / IRON ROD win' C CAP STAMPED � INC." FOUND A� ALONG THE WEST RIGHT-OF-WAY LINE OF RODD FIELD DAD (SH 7, SAID POINT THE EST CORNER LOT 1 CHRIST commuNny SUBDMSION, SAID POINT ALSO BEING G TH UTHWEST CORNER OF THIS TRACT, AND THE POINT OF B 1NNIN ; THENCE NORTH 60 DEGREES 53 MINUTES 45 SECONDS WEST, ALONG THE SOUMWEST BOUNDARY LINE OF SAID LOT 1, FOR A DISTANCE OF TO 518-INCH IRON ROD SET FOR THE NORTHWEST . CORNER OF THIS TRACT TH E C NORTH 28 DEGREES 42 MINUTE 42 SECONDS EAST, FOR A DISTANCE OF 262.51 FEET TO A POINT MARKED BY A 5/8-INCH IRON ROD SET ALONG THE NORTHEAST BOUNDARY LINE OF SAID LOT 1, FOR THE NORTHEAST CORNER OF THIS TRACT; ThEN� SOUTH 60 DEGREES 47 MINUTES SECONDS EAsr, ALONE THE NORTHEAST BOUNDARY LINE OF SAID LOT 1, FOR A DISTAN OF 634.55 FEET TO A POINT MARKED BY 1 -INCH IRON ROD FOUND ALONG THE WEST RIGHT-OF-WAY LINE OF RODD FIELD ROAD, SAID POINT BEING THE SOUTHEAST CORNER SAID LOT I, AND THE SOUTHEAST CORNER OF MIS TRACT; THENCE SOUTH 28 DEGREES 24 MINUTES FEEr SECONDS WEST, FOR A DISTANCE OF 261.28 TO THE POINT OF BEGINNING OF THIS D AND CONTAINING ACRES, MORE L�i • • o`f o9- -0 (49 Tract 2 LOT 1, CHRIST COMMUNITY SUBDIVISIONI A MAP OF WHICH IS RECORDED IN VOLUME 62, PAGE 89, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAVE AND EXCEPT THE FOLLOWING: BEGINNING AT A POINT MAfiICED BY A 5 /6 4N04 IRON ROD WITH PLASTIC CAP STAMPED "P'YLF & AS50ClATES INC." FOUND ALONG THE WEST RIGHT- OP-WAY LINE OF RODD FIELD ROAD (SH 357), SAID POINT BEING THE 90umf1NEST ODRNFR OF LOT 1 CHRIST GOMMUNiTI(SU8DIVLSION, SAID POINT ALSO BANG THE SOUTHWEST CORNER OF THIS TRACT, AND THE POINT OF BEGINNING; THENCE NORTH 60 DEGREES 53 MINUTES 45 SECONDS WEST, ALONG THE SOUTHWEST BOUNDARY LINE OF SAID LOT 1, FOR A DISTANCE OF 635.90 FEET TO A POINT MARKED BY A 5/8 -INCH IRON ROD SET FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE NORTH 28 DEGREES 42 MINUTES 42 SECONDS EAST, FOR A DISTANCE OF 262.51 FEET TO A POINT MARKED BY A 5/8-I[VfH IRON ROD SET ALONG THE NORTHEAST BOUNDARY LINE OF SAID LOT 1, FOR THE NORTHEAST CORNER OF THIS 11tACT; THENCE SUIrTH 60 DEGREES 47 MINUTES 01 SECONDS FAST, ALONG THE NORTHEAST BOUNDARY LINE OF SAID LOT 1, FOR A DISTANCE OF 634.55 FEET TO A POINT MARKED BY A 14/401 IRON ROD FOUND ALONG THE WEST RIGHT-OF-WAY LINE OF RODD FIELD ROAD, SAID PINT BANG THE SOUTHEAST CORNER OF SAID LOT 1, AND THE SOUTHEAST CORNER OF TMs TRACT; mum SOUTH 28 DBE 24 MINA 49 SECONDS WEST, FOR A DISTANCE OF 261.28 FEET TO THE POINT OF BEGINNING OF THIS TRACT AND CONTAINING 3.82 ACRES, MORE OR LESS. 19 AGENDA MEMORANDUM DUM PUBLIC HEARING — ZONING (City Council Action Date: July 10, 2007) Case No. 0500507-1 1, The Pales at King Estates Inc.: A change of zoning from a "RE" Residential Estate District to a "R-1A" One - Family Dwelling District on property described as 84.836 acres out of the North 1/2 of Section 32, Laureles Farm Tracts recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, located south of King Trail off of S. Staples Street. Plannin Commission & Staff's Recommendation a 30 2007 : Denial of the "R-1A" One - Family Dwelling District and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for the entire subdivision subject to twenty -one (21) conditions relating to use, lot area, building setbacksheight, infrastructure, access, driveways, septic development plan and installation requirements, landscape plan, plat, and time limit. Requested Council Action: Denial of the "R-1A" One-Family Dwelling District and in lieu thereof, approval of a "RE/SP" Residential Estate District with a Special Permit for the entire subdivision subject to twenty -one (21) conditions relating to use, lot area, building setbacks height, infrastructure, access, driveways, septic development plan and installation requirements, landscape plan, plat, and time limit. • Request: The applicant is requesting a change of zoning from "RE" Residential Estate District to a "R-1A" One - Family Dwelling District for the development of ninety -to (92) single family residential lots. • Zoning: The purpose of the "RE" District is to provide for single- family residential development of a spacious character together with the related recreational facilities normally required to provide an orderly, attractive and spacious residential living environment. This district also provides for those agricultural uses which are compatible and in harmony with a lower density residential living environment, which area is subject to conditions that are normally detrimental to other residential densities. • In Article 24 of the Zoning Ordinance, the "RE" District requires a minimum lot size of 1 acre or 43,560 square feet, with a maximum density of one dwelling per acre. The minimum front yard setback is fifty (50) feet with twenty-five foot side and rear yards. The maximum height of dwellings may be 35 feet. Each lot in the "RE" District must contain at least 150 feet of frontage. There is no open space requirement in the "RE" District. • In contrast, the "R-1A" District requires a minimum lot size of 1 0,000 square feet, with a maximum density of 4.36 dwellings per acre. The minimum front yard setback is twenty -five (25) feet and side and rear yards of five feet. Each lot in the "R-1A" District is required to contain at minimum frontage of eighty -five feet. The open space requirement is 30% of total lot area. • Existing Land Uses: The subject property is currently vacant. The property is bordered on the west by King Estates Subdivision (zoned "RE"), to the north by Coves at Lago Vista Subdivision (zoned "F -R" with a Special Permit on October 19, 2004), Oso Creek and city park to the east. Agenda Memorandum Case No 0507-11 (The Lakes at King Estates, Inc.) Page • Utilities: • Water service is available to the subject property. ▪ Wastewater service is not available requiring each individual lot to have a septic system in place to handle wastewater. State regulations and the City Platting Ordinance require a minimum lot size of V2 acre in order to install and use a private septic system. The proposed "R-1A" zoning lot sizes are less than / acre and therefore would not be permitted the use of private septic systems. • With the current "RE" designation, there is an exemption for sidewalks, curbs, and gutters on properties over 1 acre in size. A reduction of lot sizes to less than 1 acre will require the installation of sidewalks, curbs, and gutters. • Transportation: A subdivision plat has not been submitted, but the application states the property will consist of ninety -two lots. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with the proposed number of single- family lots would generate approximately 920 vehicle trips per day. The property will be served by F.M. 2444 S. Staples Street), a rural arterial; South Oso Parkway to the north, planned South Oso Parkway to the south, both rural parkways; and King Trail and Lago Vista Drive, both rural local streets. • Comprehensive Plan/ Future Land Use: The requested "1 -1A" One - Family Dwelling District is not consistent with the London Area Development Plan which recommends very low density development consistent with "F-R" Farm Rural and "RE" Residential Estate in order to protect the natural habitat formed d by the Oso Creek. Notification: Of the thirty -four notices mailed to the surrounding property owners, zero were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planni CITY COUNCIL ZONING REPORT Case No.: 0507 -11 City Council Hearing Date: July 10, 2007 .24 Tis izt 11.1-4 tio cr N de OM a .- 0 N to Gft Applicant: The Lakes at King Estates, Inc. Owner: Same as above Agent: Urban Engineering Legal Description/Location: 84.836 acres out of the North 1/2 of Section 32, Laureles Farm Tracts recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, located south of King Trail off of S. Staples Street. From: "RE" Residential Estate District To: "R-1A" One - Family Dwelling District Area: 84.836 acres Purpose of Request: To allow for residential uses on reduced lot sizes. Site isf h "F -R -SP" Farrn Rural with a Special Permit South LEast West zoning 1 Existing Land Use i:' Residential Estate District Vacant Single Family Residential Outside City Limits "RE" Residential Estate District RE" Residential Estate District Future Land Use Estate Residential Estate Residential Estate Residential Mixed Use Tourism NA Estate Residential Estate Residential Area Development ment Flan: London Area Development Plan- The requested "R-1A" One -Farm y ° • is London Area Development Plan which 3 1 Dwelling District is not consistent with the Lon p • recommends very low density development consistent with "F -R" Farm Rural and "RE" X Residential Estate � in order to protect the natural habitat formed by the Aso Creek. 067 —1.2 Map No.: 046029 4 Zoning Violations: None Zoning Report Case No. 0507-11 The Lakes at King Estates, Inc. Page Li' ft E E cA 6 ft Ici/ • Request: The applicant is requesting a change of zoning from "RE" Residential Estate District to a "R- l A" One - Family Dwelling District for the development of ninety -two (92) single family residential lots. • Zoning: The purpose of the "RE" District is to provide for single- family residential development of a spacious character together with the related recreational facilities normally required to provide an orderly, attractive and spacious residential living environment. This district also provides for those agricultural uses which are compatible and in harmony with a lower density residential living environment, which area is subject to conditions that are normally detrimental to other residential densities. • In Article 24 of the Zoning Ordinance, the "RE" District requires a minimum lot size of 1 acre or 43,560 square feet, with a maximum density of one dwelling per acre. The minimum front yard setback is fifty (50) feet with twenty -five (25) foot side and rear yards. The maximum height of dwellings may be 35 feet. Each lot in the "RE" District must contain at least 150 feet of frontage. There is no open space requirement in the "RE" District. • In contrast, the "R-1A" District requires a minimum lot size of 1 0,000 square feet, with a maximum density of 4.36 dwellings per acre. The minimum front yard setback is twenty- five 25 feet and side and rear yards of five feet. Each lot in the "R-1A" District is required to contain at minimum frontage of eighty -five (85) feet. The open • space requirement is 30% of total lot area. • Existing Land Uses: The subject property is currently vacant. The property is bordered on the west by King Estates Subdivision (zoned "RE"), to the north by Coves at Lago Vista Subdivision (zoned "F-R" with a Special Permit on October 19, 2004), Oso Creek and city park to the east. • Utilities: O Water service is available to the subject property. O Wastewater service is not available requiring each individual lot to have a septic system in place to handle wastewater. State regulations and the City Platting Ordinance require a minimum lot size of V2 acre in order to install and use a private septic system. The proposed "R-1A" zoning lot sizes are less than acre and therefore would not be permitted the use of private septic systems. O With the current "RE" designation, there is an exemption for sidewalks, curbs, and gutters on properties over 1 acre in size. A reduction of lot sizes to less than 1 acre will require the installation of sidewalks, curbs, and gutters. • Transportation: A subdivision plat has not been submitted, but the application states the property will consist of ninety -two (92) lots. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with the proposed number of single- family lots would generate approximately 920 vehicle trips per day. The property will be served by KM. 2444 S. Staples Street), a rural arterial; South Oso Parkway to the north, planned South Oso Parkway to the south, both rural parkways; and King Trail and Lago Vista Drive, both rural local streets. Zoning Report Case No. 0507 -11 The Lakes at King Estates, Inc. Page 3 ce a s g rin Street ROW Comprehensive Plan/ Future Land Use: The requested "R-1A" One - Family Dwelling District is not consistent with the London Area Development Plan which recommends very low density development consistent with "F-R" Farm Rural and "RE" Residential Estate in order to protect the natural habitat formed by the Oso Creek. Street F.M. 2444 S. Staples Street South Oso Parkway to the north Planned: South Oso Parkway to the south King Trail T �e Rural Arterial Rural Parkway Lago Vista Drive CA 40 ix g Staff Recommendation Paved Section Current: 60' pavement Planned: 100' R, .W. w/76' pavement Current: 80' R.O.W. w 7 ' pavement Planned: Continuation as above to F.M. 2444 —South Staples Rural Local 60' R, .w. w/ 42' Bk. to Bk. Rural Local I 60' R. .W. w 42' Bk. to Bk. pavement The subject property is not platted. Volume (2001) 4,080 ADT Not available Not available Not available The London Area Development Plan recommends very low density development consistent with "F -R" Farm Rural and "RE" Residential Estate in order to protect the natural habitat formed by the Oso Creek. Staff recommends denial of the "R -IA" One-Family Dwelling District, and lieu thereof approval of an "RE SP" Residential Estate District with a Special Permit subject to the following twenty-one 1 conditions: 1. Permitted jJses: Uses permitted by right in the "RE" District. 2. Lot Area: Lots within the proposed subdivision of the subject property are to maintain a minimum lot area of 12 acre. 3. nildio Setbacksillei h ; Minimum front setback is 25 feet, with a minimum side setback of 5-feet and maximum height of 35 feet. Zoning Report Case No. 0507-11 The Lakes at King Estates, Inc. Page 4 Staff Recommendation (cant.) 4. Infrastructure Requirements: Curbs, gutters, and sidewalks shall be provided along each lot frontage within the proposed residential subdivision of the subject property, per city requirements. 5. Access: The developer is to construct and extend a portion of South Oso Parkway within the limits of the subject property as it aligns with the reserved Parkway area north of the subject property. This portion of the Parkway is to serve as a future access point for the development as South Oso Parkway connects to F.M. 2444/ South Maples Street. 6. Driveways: Spacing of driveways for each lot along South Oso Parkway shall have a combined average total spacing of 150 feet. 7. Septic Development Plan: Before the permit process for individual OSSF's (on-site sewage facilities) are initiated, persons proposing the residential subdivision and using OSSF's for sewage disposal shall submit planning materials for the development to the Corpus Christi- Iueces County Public Health District. Such material shall be prepared by a professional engineer or professional sanitarian and shall include: 1. Overall site plan, 2. Topographic map, 3. 100-year floodplain map, 4. Soil survey, 5. Location of water well(s), 6. Locati Zoning Report Case No. 050741 The Lakes at King Estates, Inc. Page Staff Recommendation (coat.) 12. Affidavits to the Public: An affidavit to the public must be filed with the Nueces County Clerk's Office prior to the issuance of a license to operate the system. The affidavit must include the name of the homeowner, address, legal description of the property, type of system installed and any variances that are granted. (Variance, if any, will be limited.) 13. Acceptable_ Surface Application Areas: Land acceptable for surface application shall have a flat terrain 15% slope) and shall be covered with vegetation, i.e., grass, trees or mixed vegetation. 14. Lan s pe la A landscape plan must be included when applying for a construction permit. The landscape plan shall describe the type of vegetation to be maintained in the disposal area. 15. Effluent Disinfection: The treated effluent must be disinfected before surface application can occur (liquid chlorine). It is the homeowner's responsibility to maintain the proper chlorine residual (0.1 mgl. 16. Testing_and Reporthaffhe system operating components shall be inspected every four months by a certified maintenance company. The chlorine residual within the chlorinating chamber shall be submitted to the permitting authority and the homeowner within 14 days. 17. Professional_ Delis n: The surface application system shall be designed by either a professional engineer or a professional sanitarian. The design criteria must comply with 30 Texas Administrative Code, Chapter 285, as it pertains to surface application systems. 18. Septic Setback l equirements To prevent potential pollution from occurring, the following setbacks are to be adhered to: 1. Septic tank must be 5 feet from any structure and p rperty line limitations, 2. Edge of spray area must be 10 feet from property lines and water meter, 3. Edge of spray area must be 50 feet from any body of water (natural or man - made), 4. Edge of spray area must be 100 feet from any water well (unless the well is pressure grouted to a depth of 100 feet), and 5.Edge of spray area must be 25 feet from the edge of swimming pool on property. 19. Additional Restrictions: 1. The design criteria shall be submitted to the Corpus Christi- . Nueces County Public Health District as the authorized agent for review and approval prior to applying for a building plumbing permit. Upon approval, a permit to construct will be issued. 2. The surface application area must be free from any type of construction (current or future) i.e. basketball and tennis courts, swimming pools, storage buildings and workshops etc. 20. P Place a note on the preliminary and final plat to refer to the conditions of this special permit and zoning case number. Zoning Report Case No. 0507 -11 The Lakes at King Estates, Inc. Page os 4mt 141 011 tes Q,) •- tO 21, Time Limit: This Special Permit shall be deemed to have expired within one 1 year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Approval of Staffs Recommendation. s c Notices Mailed - 34 Favor — Opposition - (As of June 29, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed H;1PL -DI1 HAREDIB v r1 X12 7 P \Z RPT IMa \ Reports\0507-1 1 The Lakes at King Estates Zoning Report.doc CITY PARK PROPERTY CITY LIMIT LINE O. C. L. NOTICE CASE # 0507 -11 ZONING A -1 A -1A A-2 AB AT B-1 I3-1A B.2 B-2A 8.3 B4 B-6 BD F -R HC Ailment House District Apartment House District Apartment House District Professional Office District Aparment- Tourist District Neighborhood Business District Neighborhood Business DrstnCt Bayfront Business District Barrier Island Business District Business District General Business District Primary Business District Primary Business Core District Corpus Christi Beach Design Dist. Farrn Rural District Historical- Cultural Landmark Preservation 1 4MAY07 1 -1 1-2 1.3 PUD R -1A R-1B R-IC R -2 RA RE R -TH SP T -1A T• 1 B T -iC Feet Limited Industrial District Light Industrial District Heavy Industrial Oi strict Planned grit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling Distract Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Horne Subdivision District M3 C ity of Corpus Christi •• a aftica • SUBJECT PARCEL Owners within 200 feet listed on attached ownership table 0. m0 ›- 4 {F1 7'28.48 Mmigniix Lmm g mRX F.mcs g 511WEIM.Wi WOY;?axri!441i --. > > -4 � -; "6 6 .6c6.S-00 rrioE Lclop,O. ?o m fn rfl m o m m mm m, D v p4 4 40m4 4-, 009m 0.4. V. (r2 m g q.51-mt;pr. � § 0) 541 1' 1-.1 il 1' /i 541 E 4 2 li 541 le. ft; ii k a tl a 11 ii % ii iJ -..1 St a t3 2 R! 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O 0 0 0 4� 0-. 0 0 G 0 N- e COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0507 -11 The Lakes at King Estates Circled = FAVOR X = OPPOSED {Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Thirty -four (34) Returned undeliverable: Zero (0) 1. Notices returned from within the 200-foot notification area: Favor: 0 opposition: 0 H. Responses received from outside the 200 -foot notification area: Favor: 0 Qppgsition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 I-I:1PLNJ DIRISHARED\Bev rly\2OO7 PC\PUBLIC MMENT \ 7 -1 1 .do MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — May 16, 2007 5 :30 P.M. COMMISSIONERS PRESENT: Chairman Bryan Stone Rudy Garza, Vice Chairman Fred Braselton Atilano J. Huerta *Arrived at 5 :33 pm Egon J. Kelly Johnny R. Martinez Michael Pusley James Skrobarczyk John C. Tamez STAFF: Johnny Perales, PE, Interim Deputy Director, Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services Planning Miguel S. Saldafia, AICP, Senior City Planner Shannon Murphy, AICP, City Planner Mic Raasch, City Planner Wendy Ogden, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary Si usted quiere dirigirse a la collision y su ingl s es limitado, habra un interprete de espanol a ingIs en la junta pars ayudarle I. CALL To ORDER A quorum was declared and the meeting was called to order at :30 p.m. IV. ZONING 2. New Zoning b. Case No. 0507 -11 The Lakes at King Estates, Inc.. A change of zoning from a "RE" Residential Estate District to a "R-1A" One- Family we11i _ 84.836 acres out of the North / of Section 32, Laureles Farm Tracts recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, located south of King Trail off of S. Staples Street. Shannon Murphy presented the above case via Power Point stating the request is for a change of zoning from a "RE" Residential Estate District to a to a "R-1.A" One- Family Dwelling District. The applicant proposes to create a development of ninety -two (92) single family residential lots. The existing land use of the property is currently vacant. There are single family developments to the west and north and further east is city park property. The property is located south of King Trail off of S. Staples Street. The applicant is requesting a "R-1A" District which allows lot sizes of 10,000 square feet, a maximum density of 4.36 dwelling units per acre and twenty -five (25) foot front setbacks. Planning Commission Minutes May 30, 2007 Page Ms. Murphy stated the future land use map recommends very low density development consistent with the "F-R" Farm -Rural District and "RE" Residential Estate in order to protect the natural habitat formed by the Oso Creek. The "R-IA" District is not consistent with the London Area development plan. Staff recommends denial of the "R-1.A" One - Family Dwelling District and in lieu thereof, a Special Permit with twenty -one conditions similar to the conditions imposed upon the Special Permit for the Coves at Lago Vista in 2004, which are included in the Commissioner's packet. Ms. Murphy stated that thirty -four (34) notices were mailed to property owners with zero returned in favor and zero returned in opposition. In response to Commissioner Skrobarczyk, , Ms. Goode -Bacon stated that development must begin within one year on the entire subject property, not on each individual lot. In response to Commissioner Pusley, Ms. Goode -Macon stated that if the one -year time limit is missed they can apply for an extension. In response to Commissioner Skrobarc yk, Ms. Goode -Macon stated that the London Area Development Plan is available on the city website and staff can provide copies for him to view. Public hearing was opened. Jerry Kramer, 6710 King Trail, Corpus Christi, Texas, came forward in support of the request. Mr. Kramer stated that with the Coves at Vista Lago went in, a lot of discussion was had concerning lot size. Keeping the larger lot size maintains the integrity of the area and keeps traffic to a minimum. Chuck Urban, 2725 Swantner, Corpus Christi, Texas, came forward in support of the request and explained the design of the setbacks for the development, stating the lots vary in width from front to back creating a unique type of subdivision with curving roads and varying setbacks. Motion was made by Commissioner Pusley to approve staff recommendation and was seconded by Commissioner Braselton. Motion passed unanimously with Chaimian Stone abstaining. Page 1 of 6 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE LAKES AT KING ESTATES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 84.836 ACRES OUT OF THE NORTH '/s OF SECTION 32, LAURELES FARM TRACTS, FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "RE/SP" RESIDENTIAL ESTATE DISTRICT WITH A SPECIAL PERMIT SUBJECT TO TWENTY -ONE (21) 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 The Lakes at King Estates, Inc., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 30, 2007, during a meeting of the Planning Commission, and on Tuesday, July 10, 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 84.836 acres out of the North 14 of Section 32, Laureles Farm Tracts, located south of King Trail off of S. Staples Street, recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, from "RE" Residential Estate District to "RE SP" Residential Estate District with a Special Permit subject to twenty -one (21 ) conditions. (Zoning Map 046029) (Exhibit) SECTION 2. That the Special Permit granted in section 1 of this Ordinance is subject to the following twenty -one (21 conditions: 1. Permitted Uses! Uses permitted by right in the "RE" District. 2. Lot Area: Lots within the proposed subdivision of the subject property are to maintain a minimum lot area of % acre. 3. Building Setbacks H j ht: Minimum front setback is 25 feet, with a minimum side setback of 5-fee and maximum height of 35 feet. H:1L -Dlf 1s[ a d‘ erySkagenda1 00717 -1 1oRD- or in 7 ;11 LakesKIngEsta1esSP- a1t.doo Page 2 of 6 4. ]nfastructureRe. uirements: Curbs, gutters, and sidewalks shall be provided along each lot frontage within the proposed residential subdivision of the subject property, per city requirements. 5. Access: The developer is to construct and extend a portion of South Aso Parkway within the limits of the subject property as it aligns with the reserved Parkway area north of the subject property. This portion of the Parkway serve as a future access point for the development as South Oso Parkway connects to F.M. 2444 /South Staples Street. 6. Dri Page 3 of 6 Renewal of maintenance contracts must be submitted to the regulatory authority 30 days prior to the expiration date. 12. Affidavits to the Public: An affidavit to the public must be filed with the Nueces County Clerk's Office prior to the issuance of a license to operate the system. The affidavit must include the name of the homeowner, address, legal description of the property, type of system installed and any variances that are granted. (Variance, if any, will be limited.) 13. Acceptable Surface Application Areas; Land acceptable for surface application shall have a flat terrain ( <15% slope) and shall be covered with vegetation, i.e., grass, trees or mixed vegetation. 14. Landscape_Plan; A landscape plan must be included when applying for a construction permit. The landscape plan shall describe the type of vegetation to be maintained in the disposal area. 15. Effluent Disinfection: The treated effluent must be disinfected before surface application can occur (liquid chlorine). It is the homeowner's responsibility to maintain the proper chlorine residual (0.1 mg/I). 16. Testing and Reporqj The system operating components shall be inspected every four months by a certified maintenance company. The chlorine residual within the chlorine chamber shall be submitted to the permitting authority and the homeowner within fourteen (14) days. 17. Professional DesiQn: The surface application system shall be designed by either a professional engineer or a professional sanitarian. The design criteria must comply with 30 Texas Administrative Code, Chapter 285, as it pertains to surface application systems. 18. Septic Setback Requirements: To prevent potential pollution from occurring, the following setbacks are to be adhered to: 1. Septic tank must be 5 feet from any structure and property line limitations, 2. Edge of spray area must be 10 feet from property lines and water meter, 3. Edge of spray area must be 50 feet from any body of water (natural or man-made), 4. Edge of spray area must be 100 feet from any water well (unless the well is pressure grouted to a depth of 100 feet ), and 5. Edge of spray area must be 25 feet from edge of swimming pool on property. 19. Additional Restrictions: 1. The design criteria shall be submitted to the Corpus Christi- Nueces County Public Health District as the authorized agent for review and approval prior to applying for a building/plumbing permit. Upon approval, a permit to construct will be issued. 2. The surface application area must be free from any type of construction (current or future) i.e. basketball and tennis courts, swimming pools, storage buildings and workshops, etc. H:1LE -D1F hared1 aryS\ag nda\ 7W 1O1O D- Ofif O LakesKingEstatesSP-aft.doc .do Page 4 of 6 20. RIpt Place a note on the preliminary and final plat to refer to the conditions of this special permit and zoning case number. 21. Time Limit: This special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in condition #1 and in compliance with all other conditions. SECTION 33. 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 77. 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 10th day of July, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi 1-1:\LEG-DIR\Shared‘GaryS\agenda‘2007\7-101ORD-zoning0507-11LakesKingEstatesSP-aft.doc Page 5 of APPROVED: July 3, 2007 41E2 et, Ga W. . ith Assistant City Attorney For City Attorney H:\LEG-DIR\SharedlGaryMagendM200717-1CAORD-zoningO5O7-11LakesKingEstatesSP-altadoc Page 6 of 6 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut hoh HALEG-DIRkShared\GaryMagenda‘2007k7-1MORD-zoning0507-11LakesKingEstatesSP-altdoc Y BAN ENGINEERING rt STATE OF 'TEXAS COUNTY OF NUECES Job No. 38035.700 May 11, 2007 Fief for an 84136 acre tract (not bred on an on the ground survey) out ofa 187.78 acre tract as described in Document No. 197045821, Official Public c ofl ueces County, Tens out ofa 62.92 &ire tract as described in Document No. 1999020690, Official Public Records of Nueces County, Texas; and all being out ofthe North 1t2 of Section 32, Laureles Farm Tracts, a map ofwhidi is recorded in Volume 3, Page 15, Map Records ofd County, Texas; said 84.E acre tract being more fhlly described as follows: Beginning at the southwest corer of Lot 11, Block 7, King Estates Unit Two, a map of which is recorded in Volume 57, Pages 106 thru 108, Map Records of Nue= County, Texas fur the northwest comer ofthis tract; Thence, with the south boundary of said Lot 11, same being the north boundary of ibis tract,. as folio North 90:r000" East, with the south bormdary of said Lot 11, same being the north boundary ofthis tract, a distance of 342.69 feet for a comer of said Lot 11 and of this fit; North 71°07'57" Eat, amtinuing the south boundary amid Lot 11, same being the north boundary of this tract, a duo ofa 9.70 feet to the west boundary of King ' ail, a pubic roadway, for the southeast miner of said Lot 11 and for a corner ofthis tract; or& 42°22'45" East, with the of said King Trail, same being the north boundary of this tract, a distance of 60.00 feet to the eat boundary of said King Trail, for a corer dila treat and for the beghming ofa circular curve to the rat, whose radius point bears North 42°22'44" East and which has a delta angle of 0°31317", a radius of 970.00 feet, a tangent nth of 5.50 feet and an arc levith of 10.99 feet; wi Job No. 38035.A700 May 11, 2007 84.836 Acres Thence, South 77°06'00" East, continuing with the north boundary of i feet a f�.89 o a point on Document the west boundary of* 14.77 acre tract of land in the name of Frank Est No. 2 and described in I. 20000013 Officbd Public Records of Nueva County, Texas, for the northeast caner ofthis tract South 00°01'16" Fes, with*. wed boundary of said 14.77 acre � s the east this tract, f5.71feetr of air of 5.2 9 acre tact and a corm of this tract Thence, Nook 7°25'51" West, with the notth boundary ofa 5.259 acre tract, same the of57.59 feet rt - � of r of 5259 awe tract and Sx a comer ofd tract Thence, e, South 0101247' West, with to west of said 5259 acre 1r being the easterly boundary # a � after North la ofd 32 and the South 112 of Section 32 of said Laureles Farm Tracts, for the soulhwest corner ofd 5.259 awe tract aid for die southeast comer of this tract; Thence, North " West, with the above mentioned common boundary same being the south f tract, a of 209615 feet for aft " East, with die west boundary oT is tract, a distance of809 5 feet to t' P Beginning oint containing acres eland. Bearinp are based on the recorded plat of Id's Estate Unit 's, a map of which is recorded in Volume 7, Page 106 County, Texas and albs Coves at Via Unit 1, a map of wbich is recorded in Volume 68, Paps 98 tbru 1 1, Map Records ofNueces County, Teas. Unless this rieldnobn Description, including preamble, seal and signature, appears in its endrety, in its original form, surveyor assumes no responsilmlity for its 311lA74IRGICG5A7D .dL Urban Engineering . 1 L. License No. Page zofz oc7;,o;IL 1! a! i li i Section Line l'il 1 mC tiAco z SAD Negl (11 North 809.52" North 1/2 of stn 32 (Owner: Ann H. Grafton) °Point of Beginning. L8 Ikh 1 --'11 i it 0 O z i a 0 CD §1 16 956.71 its 32 Th § isil ;1141:41 filth§ inia§t tat 1611 Lourdes Farm Trots d# , Paps 15, Hap Records of . County. Tsocas south 1/2 fSection 31 ■ (owner; Ann H. erotton) 11-11Piti9n15! Idol. - pairc X01 .T. 7 0 ot Logo Unit 1 eli. pops -4, 020114kiii et Lop Unit 2 VaL !:• ►asM !0-M. del KR. 1 C.T. At? S cr 0 P77 !!!!!!!!! cotsr dcb o59-11 20 From: Shannon Murphy To: Mary Juarez; Rebecca Huerta Date: 7/2/2007 3:49:48 PM Subject: Fwd: Rezoning from R -1 B to R -1 a (case number 0507-10) "Robert Viera" rmviera @lnvinc.com 7/2/2007 3 :44 PM Ms. Murphy, Please table the rezoning request (case Number 0507 -1 o )from Extreme Homes, LLC in the Maple Hilis Subdivision until the July 24, 2007 Council Meeting. If you have any questions please contact me. Robert M. Viera, P.E. Principal Nice President 801 Navigation, Suite 300 Corpus Christi, Texas 78408 Ph :3 1- 883-1 984 Fax: 361 - 883 -1986 E -mail: rmvier In inc.com Website: wwwinvinc.cor http; lwww.Invinc.com/ CC: Faryce Goode - Macon; Gary Smith; Raquel Richardson AGENDA MEMORANDUM PUBLIC HEARING -- ZONING (City Council Action Date: July 10, 2007) Case Io. 0507-10 Extreme Homes of Texas LL C: A change of zoning from a "R-1B" One- Family Dwelling District to a "R-1C" Ore -Far i1 Dwelling District, , n property described as 26.50 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road. Planning Commission & Staff Recommendation May , 20071: Approval of a "R-1C" C" One - Family Dwelling District. Ref uested Council Action: Approval of a "R-1C" One- Family Dwelling District. a round: • Staff was notified via telephone by the applicant and Tuloso- Midway Independent School District's (ISD) Superintendent that an agreement to support the "R-1C" C" District was not reached. The applicant is requesting tabling of the case at the City Council meeting of July 10, 2007. The applicant is requesting the "R-1C" District allowing for single- family development on lots not less than 4,500 square feet. Tuloso - Midway ISD prefers the development of single - family homes on lots with a minimum area of 6,000 square feet, which the existing "R-1B" District provides. Summary: • Request: The applicant is requesting a change of zoning from a "R-1B" " Or e- Family Dwelling District to a "R-1C" One- Family Dwelling District, to create lots less than 6,000 square feet on 26.50 acres. The proposed Maple Hills Subdivision is planned to exceed the minimum "R-1C" C" lot size requirement of 4,500 square feet with lots that will average over 5,000 square feet per lot. • Zoning: The purpose of the "R-1C" C" District is to provide for single- family residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. In Article 24 of the Zoning Ordinance, the "R-1C" District requires a minimum lot size of 4,500 square feet, with a maximum density of 9.68 dwelling units per acre. The minimum front yard setback is twenty (20) feet with five (5) foot side and rear yards. The maximum height of dwellings may be twenty -six (26) feet. Each lot in the "R-1C" District must contain at least forty -five (45) feet of frontage. The open space requirement is 30% of the total lot area. The preliminary plat for the development indicates 151 single- family residential lots are planned for the site. • The purpose of the "R-113" District is to provide for single - family residential development of moderately spacious character. The "R-1B" " District requires a minimum of 6,000 square foot lots, with a maximum density of 7.26 units per acre. The minimum front yard setback is twenty- five (25) feet with five (5) foot side and rear yards. The required yard open space is 30 percent of the total lot area. The 26.50 acre subject site could accommodate a maximum of 192 single - family residential lots. • In addition, the applicant is also rezoning the property to the north from a "R-1B" One- Family Dwelling District to a "B-1" Neighborhood Business District (Zoning Case 0507-01. ) This case has been tabled until the City Council meeting of July 24, 2007. On June 12, 200 7, City Council approved the zone change request for another piece of property to the north from a "R-113" One- Family Dwelling District to a "AB" Professional Office District (Zoning Case 0507- 02.) The attached preliminary plat identifies the location of these zone change requests. Agenda Memorandum Case No 0507 -1 (Extreme Homes of Texas, LLC) Page • Existing Land Uses: The subject property is currently vacant. The density with the proposed zoning change will increase from 7.26 dwelling units per acre to 9.68 dwelling units per acre for a potential of 256 lots on a 26.50 acre property. The land uses to the north, west, and south are also vacant. To the east is residential with Maple Hills Subdivision Unit 4 and vacant land. • Utilities: An 8" water line and an 8" wastewater line are available to the property as extensions from Maple Hills Unit 4 to the east. • Transportation: Based on the institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with single - family lots at the maximum "R-1C" density is approximately imately 2,450 vehicle trip ends per day, compared to 1,837 vehicle trips with the current " _ I " zoning. The preliminary plat proposes 151 single family lots, which is less than the density the "R-1C" District allows. The potential traffic generated for this property with 151 lots is approximately 1,445 vehicle trip ends per day. Access to the property will be from Stonewall Boulevard, as an extension from Maple Hills Unit 4 to the east and Up River Road to the north. Stonewall Boulevard is a local street. Up River Road is a primary collector street. Primary collectors serve medium to high density housing, high schools, public facilities and businesses. • Comprehensive Plan/ Future Land Use: The future land map of the Northwest rest Area Development Plan recommends low densi CITY COUNCIL ZONING REPORT Case No.: 0507-10 City Council Hearing Date: July 10, 2007 Applicant & Legal Description Applicant: Extreme Homes of Texas, LLC Owner: Extreme Homes of Texas, LLC Agent: Robert Viera Legal Description Location: 2630 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records located on the south side of Up River Road.2.229 feet from the intersection of McKinzie Road. From: "R-113" One Family Dwelling District To: "R-1C" One Family Dwelling District Area: 26.50 acres Purpose of Request: To create lots averaging over 5,000 square feet per lot. Zoning Request Existing Zoning and Land Uses -- Zoning Existing Land Use Future Land Use Site "R-1B" One Family Dwelling District Vacant Low Density Residential North ' "R-1B" one Family D welling District 1 "AB" Professional Office District (City Council approved the "AB" District on June 12, 2007) Vacant Vacant Low Density Residential Medium- Density Residential Low Density Residential South "R-1B" One Family Dwelling District East "11.-1B" One Family Dwelling District Tuloso - Midway Primary School i Low Density Residential Public-Semi-Public West "B-4" General Business Districtl- - - -- "R-1B" One Family Dwelling District Vacant/City of ' Corpus Christi ' Library — NW Branch Commercial Public- Semi- Public ADP, Map 1 Violations Area Development Plan: Northwest Area Development Plan: The Future Land Use Plan recommends low density residential, The proposed zone change request is consistent with the plan. Map No.: 060049 Zoning Violations: None Zoning Report Case No. 0507-10 (Extreme Homes of Texas, LLC) Paget Staffs 's Summary • Background: Staff was notified via telephone by the applicant and Tuloso - Midway Independent School District's (IUD) Superintendent that an agreement to support the "R-1C" C" District was not reached. The applicant is requesting the "R-1C" " District allowing for single - family development on lots not less than 4,500 square feet. Tuloso- id wray ISD prefers the development of single - family homes on lots with a minimum area of 6,000 square feet, which the existing "R-1B" District provides. • Request: The applicant is requesting a change of zoning from a "R-1B" One - Family Dwellin g District to a "R-1C" One - Family Dwelling District, to create lots less than 6,000 square feet on 26.50 acres. The proposed Maple Hills Subdivision is planned to exceed the minimum "R-1C" lot size requirement of 4,500 square feet with lots that will average over 5,000 square feet per lot. • Zoning: The p urpose of the "R-1C" District is to provide for single-family residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. In Article 24 of the Zoning Ordinance, the "R-1C" C" District requires a minimum lot size of 4,500 square feet, with a maximum density of 9.68 dwelling units per acre. The minimum front yard setback is twenty feet with five (5) foot side and rear yards. The maximum height of dwellings may be twenty -six feet. Each lot in the "R-1C" District must contain at least forty -five feet of frontage. The open space requirement is 30% of the total lot area. The preliminary plat for the p development indicates 151 single- family residential lots are planned for the site. • The purpose of the "R-1B" District is to provide for single - family residential development of moderately spacious character. The "R-1B" District requires a minimum of 6,000 square foot lots, with a maximum density of 7.26 units per acre. The minimum front yard setback is twenty -five (25) feet with five foot side and rear yards. The required yard open space is 30 percent of the total lot area. The 26.50 acre subject site could accommodate a maximum of 192 single - family residential lots. • In addition, the applicant is also rezoning the property to the north from a "R-1B" One - Famil y Dwelling District to a "B -1" Neighborhood Business District (Zoning Case 0507- 01.) This case has been tabled until the City Council meeting of July 24, 2007. On June 12, 2007, City Council approved the zone change request for another piece of property to the north from a "R-1B" One - Family Dwelling District to a "AB" Professional Office District (Zoning Case 0507-02.) The attached preliminary plat identifies the location of these zone change requests. • Existing Land Uses: The subject property is currently vacant. The density with the proposed zoning change will increase from 7.26 dwelling units per acre to 9.68 dwelling units p er acre for a potential of 256 lots on a 26.50 acre property. The land uses to the north, west, and south are also vacant. To the east is residential with Maple Hills Subdivision Unit 4 and vacant land. • Utilities: An 8" water line and an 8" wastewater line are available to the property as extensions from Maple Hills Unit 4 to the east. Zoning Report Case No. 0507-10 (Extreme Homes of Texas, LLC) Page 3 Stab's Summary (coot.) • Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with single - family lots at the maximum "R-1C" density is approximately 2,450 vehicle trip ends per day, compared to 1,837 vehicle trips with the current "R-1B" zoning. The preliminary plat proposes 151 single family lots, which is less than the density the "R-1C" District allows. The potential traffic generated for this property with 151 tots is approximately 1,445 vehicle trip ends per day. Access to the property will be from Stonewall Boulevard, as an extension from Maple Hills Unit to the east and Up River Road to the north. Stonewall Boulevard is a local street. Up River Road is a primary collector street. Primary collectors serve medium to high density housing, high schools, public facilities and businesses. • Comprehensive Plan Future Land Use: The future land map of the Northwest Area Development Plan recommends low density residential for the subject property. The proposed zone change request is consistent with the future land use map. Street R.O.W. Street Type Paved Section Up River Road Collector McKinzie Road Arterial - _-�_ 60 foot right of way Volume Source: 2001 TROT Traffic Map 1,360 ADT 95 foot right of way 14,060 ADT z cd The subject property is not platted. A final plat is on the Planning Commission agenda for 7/11/07 (Maple Hills Unit 5 Final Plat.) Department Comments The proposed "R-1C" District, per the approved preliminary plat, proposes 151 lots on the "R-1C" District property. This District could provide for up to 256 lots on the 26.50 acre property based on the permitted density of the "R-1C" District. The "R-18" District could provide for 192 single- family lots, based on the permitted density of the "R-1B" District. The difference between what is proposed on the preliminary plat and what is permitted in each District is either 41 less "R-1B" lots or 105 less "R-1C" lots. The appli Zoning Report Case No. 050740 0 Extr me Homes of Texas, LLC) Page 4 CIS as Staff recommends approval of the "R-1C" One Family Dwelling District. szt a . a 1 a . Approval of the "I -1 C" One Family Dwelling District. E A., 0 col °' 0 Number of Notices Mailed — 27 Favor - 1 Opposition - 1 (24.39% front ' a o- Midway IS -- received after Planning Commission I meeting of May 16, 2007.) (As of June 27, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed Preliminary Plat and Proposed Zone Changes H:IPLN -DIR \SHARE \Beverly\ 0 7 PC\ IRPTSII Iay \C Reports\05 7'I0 Extreme Homes .doc 1 R -'1 MAPLE HILLS agti ZION Iffinvo NOTICE 0 1 00200 CASE # O5O71Ot A -1 A -1A A-2 AB AT B-1 B-1A B -2 8-2A B-3 B-4 8-5 6-6 BD F•R HC ZONING Apsrtrrrsnt House District Apartment House District Apartment House District Professional Office District Apartment- Tourist District Neighborhood Business District Neighborhood Business District Bayfront Business District Barrier Island Business District Business District General Business Distract Primary Business District Primary Business Core District Corpus Christi Beach Design Dist, Farm Rural District Historical-Cultural Landmark Preservation 1 -1 l -2 1-3 PUD R -1A R -1 B R -1 R -2 RA RE R -TH P T -1A T -18 T -1C Prwparad ey . SRR P+ritrip OMs: &OMIT R.I. - So..= f: j fif Corp. CP - Orifllopr.,4 S.irvkri Fir: H:PLlf- DIRISNA RED,GISPIO 'icasssll0NING GA$E 0$07-10 trod Limited Industrial District Light Industrial District Heavy Industrial District Planned Unit Development One Family Dowelling District One Family II:meIling District One Family Dowelling District Multiple Dwalltng District One Family Dwelling District Residential Estate District Townhouse Dwalling District Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Home Subdivision District � rrnr City of Corpus Ch Christi SUBJECT PARCEL OWNERSHIP MiSubject Property Owners within 200 feet listed on attached ownership table a VAN 3 11ON ti 0 M 4 W. i CWak V C?mN�o Wit2ttittttlavitRWV1§ g 0 Eon°C] f000f --n-o o 0 - PYPT5 ymcir' z g F PIFEIEFTME 13 g�y �y .y �y 1y #. a� T Y Y V V V Y V 8 V s T. i V Y•a i O O WE; ;;M10-$NWAg O O OOO OQ Q� O-F QTr oOOQ0 3 4001 11W111141119151g O i O PR m m m mmmm�* m m m °�°m 00 0 i 1313 1313713 444 1 4 4 44 44 }mac , T ;ii61 ;154C }c?�c j, 7h1c }vc }c }K }1c }C?�c}c Fin MffillgiglilillillgAg m mtii HittNIMMIWIM m m F.0 ##((�� Vi Vi V��**�iA{l� fA�Gp flp��li— N izzz�zzzc ..•cic� iCmii. � �asco��!srmweaw �. ca ��wz�D r rrr C`rrr opt-r rmr !�i -a- 1+� X1+1 �;I �� 4r1Z# J}cg g � MI !!!!!W! M.41 Vi , -0 g g A ...ffi 0 0 i. E r^ ' 1 i A m- i 1 -.- 2 13 m i ,, i 9 2 i i a.+2oi 2118 w o- A!/ I e C o RF 8 :1 S T r Ca V A 8 V$ cD n la' E S COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0507 -10 Extrenie Homes of Texas, LLC Circled =FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Twenty -seven (27) Returned undeliverable: Zero (0) I. Notices returned from within the 200 -foot notification area: Favor: 1 #21, Ellis G. Main, P.O. Box 10426, 78460 ph: 361- 241 -6700 (No Comments) pposition: 1 (24.39%) — received after Planning Commission meeting of May 16, 2007 #17, Tuloso- Midway ISD, Cornelio Gonzalez, Supt., 97b0 LaBranch 78460 ph: 361-903-6402 "....Reasons: 1) The change will result in small lots that will generate increased demands on utilities and street conditions; 2) There is already an excess of R-1C lots in the Tuloso- Midway ISD area; 3) Crowded conditions in the area will increase stress on traffic patterns in the access to TMISD Primary school located in adjacent property. Added traffic may result in unsafe driving conditions for school buses, pedestrians and school - related traffic." H. Responses received from outside the 200 -foot notification area: Favor: D Opposition: � III. Responses received from owners /applicants of subject area: Favor: 4 Opposition: 4 H:1PL ! -i 11 1 HARED\Bever1 1 007 P IPUBLI MMENT 10 07 -1 .do N d 1 ;cc, It lei :17 t 1 nr -OA epr Lile 5347, ;; g) O JbD, •=1,11_1 L MD0113 19L nsHi 1 sip" !9 no-ie le nsm.L. 1 SLO1 :s moo-te 'oz neou. L SI.O1 fr moo-is izc uHr I silo' V moms '81. rtisim. SLO1 moo-re L fl-u 1 sio-t :1 moole •Lz 1 LLA +.1 1., V.3 3X. IWO ,Ouromo. .ce VangOVIWVI A/MD(7MM.= ?awn DMARANIS NOUWIeDaSkitu Yeirlialtus ItAci 2U.itir_.--1Start.t7t3 W.-Ammo:via ON11133NION3 dun "CI 0 IJ 000 t • 111 .17..!, ilac. - I 1 -, •.. .- , i ,,,r, ,,,,,,1",r),51-0,- am i . z u 31 U 0.1 D < SITS REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — May 16, 2007 5:30 P.M. COMMISSIONERS PRESENT. Chairman Bryan Stone Rudy Garza, Vice Chairman Fred Braselton Milano J. Huerta *Arrived at 5 :33 pm Evon J. Kelly Johnny R. Martinez Michael Pusley James S robarc yl John C. Tamez STAFF: Johnny Perales, PE, Interim Deputy Director of Development Services Faryce Goode - Macon, Interim Assistant Director of I Development Services/Planning Miguel 5. Saldafia, AICP, Senior City Planner Shannon Murphy, AICP, City Planner Mic Raasch, City Planner Wendy Ogden, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Si used quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espy of a ingl s en la junta Para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :30 p.m. II. APPROVAL OF MINUTES I. ZONING 2. New Zoning a. Case No. 0507 -10 Extreme Homes of Texas, LLC: A change of zoning from an "R-1B" One-family Dwelling District to a "R-1C" One -Farm ly Dwelling 2630 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road. Shannon Murphy presented the above case via Power Point stating the request is for a change of zoning from a "R-1B" One- family Dwelling District to a "R-IC" One - Family Dwelling. The applicant proposes to create a single family development with lots averaging over 5,000 square feet per lot and the property is 26.50 acres. Ms. Murphy stated the existing land use is vacant, as well as to the north and south. Tuloso Midway Primary School is to the east and Northwest Branch Library is to the west. The property is located south of Up River Planning Commission Minutes May 30, 2007 Page 2 Road approximately 300 feet east of M Kin ie Road. Ms. Murphy stated the "R-1C" District requires a minimum lot size of 4,500 square feet, with a front yard setback of a minimum um f twenty feet with five foot side and rear yards with a maximum density of 9.68 dwelling units per acre. The future land use map recommends low density residential. The proposed zone change is consistent with the future land use map. Staff supports a zone change to "R-1C" One - Family Dwelling District. Twenty -seven (27) notices were mailed with one returned in favor and zero returned in opposition. Public hearing was opened. No one came forward in support or in opposition. Public hearing was closed. Commissioner Pusley stated he had received a phone call from the Tuloso-Midway Superintendent expressing opposition of the "R-1C" District. Commissioner Pusley stated that in developing new schools they were hoping for more upper income neighborhoods. In response to Commissioner Skrobarczyk, Ms. Murphy stated the school district's opposition represents 2439% of the property owners. Commissioner Braiselton stated the difference in a "R-1C" and a "R-1B" i almost negligible and he would hate to see the project go away over such a small difference. Motion was made by Commissioner Braselton for approval of staff recommendation and was seconded by Commissioner Skrobarczyk. Motioned passed with Commissioner Pusley voting in opposition. H: LPL -D[ \ HARED \BE Y G Y\2IJ 7 CC\I'vlAY'0710507-10MINUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EXTREME HOMES OF TEXAS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 26.50 ACRES OUT OF 35.75 ACRE TRACT, FROM "R-18" 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 Extreme Homes of Texas, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, S, with proper notice to the public, public hearings were held on Wednesday, May 30, 2007, during a meeting of the Planning Commission, and on Tuesday, July 10, 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, E S, the City Council has determined that this amendment ent 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 28.50 acres out of 35.75 acre tract described in a deed recorded in Volume 1450, Page 535, Nueces County, Texas, Deed Records, located on the south side of Up River Road approximately 750 feet from the intersection of McKinzie Road, from "R-113" One Family Dwelling District to "R-1C" One Family Dwelling District. (Zoning Map 060049) (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 44. 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. HALE -D1 F shay dlG ry lag nda 120071 -1 01O D- oning 0 - 10ExtremeHorn s.doc Page 2 of 3 SECTION . That all ordinances or parts of ordinances in conflict with this ordinance 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- 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 Gity 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 thisl Oth day of July, 2007. ATTEST: Armando Chapa City Secretary APPROVED: July 3, 2007 r�Yc, Ga 'W. ith Assistant city Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi HALE - DIRkSharedl arySkageno a 1200717 -101OR oning0 7 -10E tre eHorr es.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. liwe, 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 Melody Cooper Larry Elizondo, Sr. - Mike Hummell Bill Kelly - - Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -- f:\ LEG -DI \ hare hGary \agenda \2OO7 \71O O D- Zonifg O7 -1OE tremeHorn s.do LNV Engineering Engineers & Consultants 801 Navigation, sure 300 Corpus Christi, TX 78408 (3B1) 883 -1984 Fax (361) 863.1986 26 50 Acre Tract Field note description for 28.50 acre tract of land out of State Survey No. 419, Beaty, Seale & Forwood, original Grantees, Abstract No. 570, and being out of that certain 35.75 acre tract of land conveyed to Wiliam E. Il lcKinie by deed recorded in Volume 1450, Page 535, et seq., Nueces County, Texas Deed Records, said 26.50 acre tract of land located approximately North - 74West, 11.3 miles from the Nueces County Courthouse in Corpus Christi, Texas and being more particularly described by metes and bounds as follows: Commencing at 5 inch Iron rod, found for a corner in the south right-of-way line of Up Fiver Road at the northeast comer of Lot 1, Block 2, Mclnzie Subdivision of the City of Corpus Christi, Texas recorded in Volume 59, Page 19, Nueces County, Texas Map Recor END 5/6N I.R. POINT COMMENCEMENT POINT OF BEGINNING MO(IN IE SUBDIVISION LOT 1 BLOCK VOLUME 59. P� 19 TRACT 5 RDAAINDER OF 7.334 ACRE DOCUMENT 7f� .L�ll A-0�0401 2835 V.P.R. r.CS (RECORDED OWNER W LUAM E. M 1E JR.) MAPLE HILLS StIBDI ISION LOT 1 K OC 1 VOLUME 61. PAGE TACT 4 8. ,*F. UR 417 ABSTRACT 571 5.02 ACRES OWNER ELAINE HCIINIE FD 58' 80•41127* ,....____. 144) CiTY of . popc^ . .- CHRIS TI ': ENGINEERING SERVICES - i oft . ineicatim . iithmroluami • surtintia ' WI ' � 4'1_ CORPUS ?° . _ V ►. _ - I _ _Gh . _ = Y ri nears n ant i-1 / 1 i 111GA1M01 , 1w TAI cri-y OF CORPUS CHRISTII MAPLE HILLS SUBDIVISION BLOCK 5 cQ C 21 CITYCOUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 07 -08 Enterprise Funds. STAFF PRESENTER(S): Name TJIPpsItjOfl .._ Depadment Oscar Martinez Assistant Clty Manager-Admlnistrat(ve Services Cindy O'Brien Director of Flnanclal Services Constance Sanchez Assistant Director of Financial Services Eddie Houlihan Assistant Budget Director REQUIRED COUNCIL ACTION: No formal action is required at this time. First and second readings on budget Adoption are scheduled for July '!7"' and July 24'h respectively. 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CM — IQ co Sopo1 I p CD v CD at CO • CD j 413 CO 4:). 4 8 c • c 1=1 -41. co CO 0 CO s'3g g 0 gpko g 13. 8 c ; Et a'. 0 • to to I uu SJ 0 CD -s i< 0 4s, 3 r\) _x 0 n I CD � Q Qo CT � � N � C � �7 1 co �' CD C co 0 ro cn CD -0 CD CO CD et _.• 0 Fi) CD an 0 ii-t g-f. o rn < .51). co ,-I. —P1 a) —%. ea o = ><-' Fla v -o trnF cn z cp X 3 Q ea cp cp CD n cp O Q 0 Q aco CCD CD0 rt tr•4 111 {D s cc, N N N CD Q Jepue,e3 iepfle 4 0 Q• 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 102007 AGENDA 1TEM: Public Hearing on the Proposed FY 2007 -2008 Operating Budget ISSUE: Section 102.006 of the Texas Local Government ment Code reads as follows: The governing body of a municipality shall hold a public hearing on the proposed budget. Any taxpayer of the municipality may attend and may participate in the hearing. REQUIRED UIF E COUNCIL ACTION: Conduct the public hearing. Edda! Houlihan Assistant Director of Management and Budget 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: AGENDA ITEM: Ordinance appropriating $2,902,327 from estimated excess revenues over expenditures in Fund No. 1020 General Fund for "one-time" expenditures in the fiscal year 2006-2007 operating budget including: Police vehicles $155,000; books for new Southsi BACKGROUND INFORMATION On January 10, 2006 the City Council passed Resolution No. 026605 reaffirming certain fmancial policies, providing policies for maintenance of the General Fund's fund balance at an adequate level and providing policy direction on preparation of the FY 2006 -2007 budget. The Resolution states that it is the goal of the City Council to maintain a reserve in the General Fund unreserved fund balance which totals at least 10% of total annual General Fund appropriations. The Resolution also states that undesignated fund balance in excess of the 10% policy requirement may be recommended for expenditure on one -time improvements, with a priority on infrastructure and equipment which will reduce the need for future debt. The FY 2006 -2007 year -end estimate is that revenues will be $2,954,067 over expenditures. As a result, the 10% goal has been met, and staff is recommending that the estimated excess revenues over expenditures in the General Fund for FY 2006 -2007 be appropriated and used for the following items: Police Vehicles Five additional Police Package sedans $11 5,000 Two Crime Scene Vans 40,000 Total Police Vehicles $155,000 Books for new Southside Library $370,000 Two Ambulance Remounts $1 60,000 Refurbishment of 13 Garbage Trucks $544,000 Park & Recreation Equipment: Two 12 Yard Dump Trucks $1 60,000 2.5 Ton Flatbed Truck 70,000 Backhoe 55,000 Power Feed Brush Chipper 30 000 Total Park & Recreation Equipment $315,000 Street Maintenance Four ' Ton Pickup Trucks for Animal Control $500,000 $80,000 Fire Department Equipment: Six SUV's $1 08,000 Two Pickups j48,000 Total Fire Department Equipment $156,000 Fire Station Repairs $50,000 Downtown improvements $50,000 Buydown of Lease Purchases $522,327 TOTAL UM.127 BACKGROUND INFORMATION In the event that some of these items cannot be purchased or encumbered prior to the end of the fiscal year (July 31, 2007), a designation of the General Fund's fund balance will be established as part of our year -end process. Staff will then come back to the City Council in FY 2007 -2008 with an appropriation of these designated funds so the funds can be spent.+ If it is determined after the close of this fiscal year that the net of revenues over expenditures is less than the $2,902,327 that we currently are appropriating, the difference will come from the General Fund undesignated fund balance (that currently is in excess of the 10% policy requirement which now exists). ORDINANCE ANCE APPROPRIATING $2,902,327 FROM ESTIMATED EXCESS REVENUES EN ES OVER EXPENDITURES ES IN Not 1020 GENERAL FUND FOR "ONE TIME" EXPENDITURES IN THE 2006 -2007 OPERATING BUDGET INCLUDING: POLICE VEHICLES $156,000; BOOKS FOR NEW SOUTHSIDE LIBRARY $370,000; 2 AMBULANCE REMOUNTS $160,000; REFURBISHMENT BISHMENT of 13 GARBAGE TRUCKS S $544,000; PARKS AND RECREATION VEHICLES AND EQUIPMENT $315,000; STREET MAINTENANCE $500,000; ANIMAL IAL C NT OL VEHICLES $80,000; FIRE VEHICLES $155,000; FIRE STATION REPAIRS S $50,000; DOWNTOWN IMPF O EMENTS $50,000 AND BUYDOWN N F LEASE PURCHASES $522,327; AMENDING THE FY 2006 -2007 OPERATING BUDGET ADOPTED BY ORDINANCE 026908 BY INCREASING REVENUES AND APPROPRIATIONS BY $2,802,327 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,902,327 from estimated excess revenues over expenditures is appropriated in No. 1 020 General Fund for "one time" expenditures in the 2006-2007 Operating Budget including: police vehicles $155,000; books for new Southside library $370,000; 2 ambulance remounts $150,000; refurbishment of 13 garbage trucks $544,000; Parks and Recreation vehicles and equipment $315,000; street maintenance $500,000; animal control vehicles $80,000; fire vehicles $156,000; fire station repairs $50,000; downtown improvements $50,000 and buydown of lease purchases $522,327. SECTION 2. That the FY 2006-2007 operating budget adopted by Ordinance 026908 is amended to increase estimated revenues and appropriations by $2,902327 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 19th day of June, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: July 3, 2007 - - -- -- - -- - - - -- Lisa Aguilar, Ass at City Attorney for City Attorney 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 votin g I upon ordinances at two regular meetings: 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 Melody Cooper Larry Elizondo, Sr. �.. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez -.. Michael McCutchon