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HomeMy WebLinkAboutAgenda Packet City Council - 05/17/2011°ItliNNOIW 11:45 A.M. - Proclamation declaring May 17, 2011 as "Incarnate Word Academy 3 -4A Golf State Title Celebration Day" Proclamation declaring May 17, 2011 as "Incarnate Word Academy State Academic Champions Celebration Day" Proclamation declaring May 20, 2011 as "GenTX Day" Proclamation declaring May 21, 2011 as "National Kids to Parks Day" Proclamation declaring the week of May 15 -21, 2011 as "Water Utilities Awareness Week" Commendation for Assistant City Manager Margie C. Rose AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 17, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED 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 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitedo, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. .Invocation to be given by Pastor Mike Fehlauer, The Summit Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tenn Nelda Martinez Council Members: Chris N. Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting May 17, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of May 10, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving the purchase of twelve (12) Chevrolet Tahoes from Caldwell Country Chevrolet, Caldwell, Texas, in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $317,919.98. These units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund. (Requires 2/3 vote) (Attachment # 2) Agenda Regular Council Meeting May 17, 2011 Page 3 3. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $9,000 from the Texas Department of Transportation for the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Requires 2/3 vote) (Attachment # 3) b. Ordinance appropriating $9,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in the No. 1061 Police Grants Fund. (Requires 2/3 vote) (Attachment # 3) 4. Resolution authorizing the City Manager or designee to submit a grant application in the amount of $175,000 to the U. S. Department of Justice (DOJ), Office of the Justice Program (OJP), National Institute of Justice (NIJ) for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Requires 2/3 vote) (Attachment # 4) 5. Motion authorizing the City Manager or designee to execute Amendment No. 6 to a professional engineering services contract with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $150,740 for a restated not to exceed total fee of $1,185,700.50 for the Corpus Christi International Airport Task 4 Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station. (Requires 2/3 vote) (Attachment # 5) 6. a. Ordinance abandoning and vacating a 6,548.51- square foot portion of an existing utility easement out of Parkdale Shopping Center, Block AR, Lot 2, located north of and adjacent to the Gollihar Road public street right -of -way, requiring the owner, Wal -Mart Stores, Inc., L.P., to comply with the specified conditions. (Attachment # 6) Agenda Regular Council Meeting May 17, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance abandoning and vacating a 467.53- square foot portion of an existing 10 -foot wide utility easement out of Parkdale Shopping Center, Block AR, Lot 2, located north of and adjacent to the Gollihar Road public street right -of -way; requiring the owner, Wal -Mart Stores, Inc., L.P., to comply with the specified conditions. (Attachment # 6) 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. 7. Executive session under Texas Government Code Section 551.071 (1) to consult with attorney regarding litigation involving the rates charged by the city for ambulance services, with possible discussion and action in open session. B. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 9. Case No. 0111 -01, Staples Development, LLC: A change of zoning from. the "R-1B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use form a low- density residential use to a medium - density residential use. The property to be rezoned is 15.125 acres out of Flour Bluff. and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. (Requires 2/3 vote) (Postponed on 05/10/11) (Attachment # 9) Agenda Regular Council Meeting May 17, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Staffs Recommendation: Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R-1B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property, the "A -1" Apartment House District for Tract B of the subject property and the "R -1C" One - family Dwelling District for Tract C. Planning Commission's Recommendation: Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R -1 B" One- family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property and the "A -1" Apartment House District for Tract B of the subject property. ORDINANCE Amending the Zoning Ordinance, upon application by Staples Development, LLC, by changing the Zoning Map in reference to 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, Portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R-1B" One - Family Dwelling District to the "R -2" Multiple Dwelling District for Tract A and "A- 1" Apartment House District for Tract B, resulting in a change of future land use from a low- density residential use to a high - density residential use for Tract A and a medium- density residential use for Tract B; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 10. Case No. 0411 -02, Rudy Sosa: A change of zoning from the "A -2" Apartment House District to the "AB" Professional Office District resulting in a change of future land use from a high density residential use to a professional office use. The property to be rezoned is Lawnview Annex, Block 4, Lot 15, located at the northeast corner of Marguerite Street and 18th Street, south of Agnes Street. (Requires 2/3 vote) (Attachment # 10) Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "A -2" Apartment House District to the "AB" Professional Office District. Agenda Regular Council Meeting May 17, 2011 Page 6 ORDINANCE CITY COUNCIL P_ RIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Rudy Sosa, by changing the Zoning Map in reference to Lawnview Annex, Block 4, Lot 15, located at the northeast corner of Marguerite Street and 18th Street, south of Agnes Street, from the "A -2" Apartment House District to the "AB" Professional Office District, resulting in a change of future land use from a high - density residential use to a professional office use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 11. Case No. 0411 -03, Jose G. Fernandez on behalf of Delia Fernandez: A change of zoning from the "B -4" General Business District to the "1 -2" Light Industrial District resulting in a change of future land use from a commercial use to a light industrial use. The property to be rezoned is Highway Village 2, Block 10, Lot 1, located at the southeast corner of Leopard Street and Robby Drive. (Requires 2/3 vote) (Attachment #11) Planning Commission's and Staffs Recommendation: Denial of the applicant's request for a change in zoning from the "B -4" General Business District to the "I -2" Light Industrial District, and in lieu thereof, approval of the "B-4/SP" General Business District with a Special Permit and eight (8) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Jose G. Fernandez on behalf of Delia Fernandez (owner), by changing the Zoning Map in reference to Highway Village 2, Block 10, Lot 1, located at the southeast corner of Leopard Street and Robby Drive, from the "B -4" General Business District to the "B-4/SP" General Business District with a Special Permit and eight (8) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. Agenda Regular Council Meeting May 17, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Case No. 0411 -04. MBL Derby City Development, LLC on behalf of Mirabal Development Group, LC (Owner of Bass subdivision, Block 28, Lots A and B), Morteza Shafinury (Owner of Bass Subdivision, Block 28, Lots C and DI and Hazel Kay Frederick Monahan, in her capacity as trustee of the Frederick - Robertson Irrevocable Trust (Owner of Bass Subdivision, Block 29, Lots C, D and E), A change of zoning from the "R -1 B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use from a low- density residential use to medium - density residential use. The property to be rezoned is Bass Subdivision, Block 28, Lots A, B, C & D and Block 29, Lots C, D & E, located along the north side of Sandra Lane, east of Airline Road. (Requires 2/3 vote) (Attachment # 12) Planning Commission's and Staffs Recommendation: Approval of the applicant's request for a change of zoning from the "R -1 B" One - family Dwelling District to the "A -1" Apartment House District. ORDINANCE Amending the Zoning Ordinance, upon application by MBL Derby City Development, LLC, and Urban Engineering Representative, on behalf of Mirabal Development Group, LC (Owner of Bass Subdivision, Block 28, Lots A and B), Morteza Shafinury (Owner of Bass Subdivision, Block 28, Lots C and D) and Hazel Kay Frederick Monahan, in her capacity as trustee of the Frederick - Robertson Irrevocable Trust (Owner of Bass Subdivision, Block 29, Lots C, D and E), by changing the Zoning Map in reference to Bass Subdivision, Block 28, Lots A, B, C & D and Block 29, Lots C, D & E, located along the north side of Sandra Lane, east of Airline Road, from the "R-1B" One - family Dwelling District to the "A -1" Apartment House District, resulting in a change of future land use from a low- density residential use to a medium - density residential use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. Agenda Regular Council Meeting May 17, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. 14. a. Presentation on Compressed Natural Gas (CNG) Overview. (Attachment # 13) b. Motion approving a service agreement with Natural Gas Vehicles Texas, Inc. of Dallas, Texas for the conversion and up- fitting of vehicles from gasoline and diesel fuel to compressed natural gas in accordance with Bid Invitation No. BI- 0202 -10 based on best value for an estimated annual expenditure of $182,944.20 of which $45,736.05 will be expended in FY 2010 -2011. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds are available in the Community Enrichment Grants Fund No. 1071. (Requires 2/3 vote) (Attachment # 13) a. Motion authorizing the City Manager to enter into a contract with UnitedHealthcare (UHC) Insurance Company of Minnetonka, MN for the provision of third -party administration of the City of Corpus Christi's self funded employee health and dental plans, providing and administering a provider network, and provision of stop -loss insurance coverage, in accordance with Request for Proposal Number BI- 0067 -11. The term of the agreement will be for two years, commencing on August 1, 2011, with an option to extend for up to three additional one -year periods subject to the approval of the service provider and the City Manager or designee. The total estimated cost over the term of the two -year contract with UHC is $6,914,688, in addition to estimated medical claims cost of $38,371,433 that will flow through this contract. This service will be used by the Human Resources Department to provide health coverage, dental coverage and stop -loss insurance to eligible active employees, retirees, survivors and their spouses and dependents. (Requires 2/3 vote) (Attachment # 14) Agenda Regular Council Meeting May 17, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion authorizing the City Manager to enter into a contract with Medco Health Solutions, Inc. of Franklin Lakes, NJ for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self - funded employee health plan, in accordance with Request for Proposal Number BI- 0067 -11. The term of the agreement will be for two years, commencing on August 1, 2011, with an option to extend up to three additional one -year periods subject to the approval of the service provider and the City Manager or designee. The total estimated cost over the term of the two -year contract with Medco is $209,873, in addition to estimated pharmacy claims cost of $11,783,636.07 that will flow through this contract. This service will be used by the Human Resources Department to administer the pharmacy benefit management portion of the City's self - funded employee health plan for eligible active employees, retirees, survivors and their spouses and dependents. (Requires 2/3 vote) (Attachment # 14) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Crime Control and Prevention District Quarterly Report (Attachment # 15) 16. Overview of Parking Meter Program and Proposed Rate Increases (Attachment # 16) 17. Status of New Broadway Wastewater Treatment Plant (Attachment # 17) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT OF THE APPROXIMATELY 4:00 P.M., OR D COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting May 17, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at al f 5- p.m., on May 12, 2011. (5FCS2--6— Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2010 -2011 CIILni Clirfru:: Cllr,Sir tfitt Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives {Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 9r MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 10, 2011 -12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick John Marez Mark Scott Linda Strong ABSENT Priscilla Leal City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Chaplain Lynne Blackler with Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Strong. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of April 26, 2011. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 2 - 11). Mr. Michael Gunning requested that item 11 be pulled for individual consideration. Mayor Adame announced that he would abstain from the discussion and vote on Item 10. City Secretary Chapa polled the Council for their votes as follows: 2.a. RESOLUTION NO. 029050 Resolution authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,978.42 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent. 2.b. ORDINANCE NO. 029051 Ordinance appropriating $2,978.42 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. —1— Minutes — Regular Council Meeting May 10, 2011 — Page 2 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 3. ORDINANCE NO. 029052 Ordinance appropriating a grant from the March of Dimes in the amount of $2,000 in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for community awareness publications to be provided by the board. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 4. RESOLUTION NO. 029053 Resolution authorizing the City Manager or designee to execute an lnterlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for Information Technology System management assistance with term from December 13, 2010 to July 31, 2011 with reimbursement of City's costs, and ratifying effective date of December 13, 2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 5. MOTION NO. 2011-105 Motion authorizing the City Manager or designee to execute a Change Order No. 2 to the construction contract with Bay, Ltd of Corpus Christi, Texas in the amount of $219,219.68 for a total restated fee of $2,351,818.45 for the Police Vehicle Impound Facility, Phase 1 Project to add a storm water maintenance ramp and other improvements. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye'; Leal was absent. 6. MOTION NO. 2011 -106 Motion authorizing the City Manager or designee to execute a Change Order No. 1 to the construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of $119,942.26 for a restated not to exceed amount of $1,100,942.26 for pipe supports, valves, plug valves, piping, bypass pumping, electrical modifications, additional liner installations, flow controls and other modifications for the Lift Station Rehabilitation 2009 — Peary Place Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station, Coquina Bay Lift station, and Laguna Shores Lift Station for the Total Base Bid Parts A, B, C, D, E, F and G. (Wastewater CIP 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 7. MOTION NO. 2011 -107 Motion authorizing the City Manager or designee to execute Change Order No. 1 to the construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $48,021.70 for a restated not to exceed total amount of $3,279,021.70 for the Corpus -2- Minutes -- Regular Council Meeting May 10, 2011 — Page 3 Christi International Airport Terminal Building Rehabilitation project for Base Bid onlyforthe expansion of the Federal Inspection Services (FIS) area for new emergency egress stairwell, additional dewatering, modifications of duct work and ceiling grid furr -down. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 8. MOTION NO.2011 -108 Motion approving the application for street closure from Corpus Christi Road Runners to temporarily close the following street sections for the 36th Annual Beach to Bay Relay, to take place, Saturday, May 21, 2011. a. The temporary street closure of the north bound lanes of Shoreline Boulevard between Furman Street and Coopers Alley, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. b. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. c. The temporary street closure of Kinney Street between southbound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and ending at 5:00 p.m. Saturday, May 21, 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 9. ORDINANCE NO. 029054 Ordinance abandoning and vacating a 250- square foot portion of an existing utility easement out of the Amending Plat for Summer Wind Village Phase 1, Block 7, Lot 46R, located west of and adjacent to the Aaron Drive public street right -of -way; requiring the owner, Extreme Homes of Texas, L.L.C., to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 10. ORDINANCE NO. 029055 Ordinance abandoning and vacating a 41,173 -square foot portion (0.9452 acre) of an existing 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located north of the North Port Avenue public street right -of -way; requiring the owner, Port of Corpus Christi Authority, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame abstained; Leal was absent. Minutes — Regular Council Meeting May 10, 2011 -- Page 4 Mayor Adame opened discussion on Item 11 regarding the adoption of the Unified Development Code. Michael Gunning, 738 Crestview, commended the exemplary efforts of staff and John Bell for the completion of the UDC. Mr. Gunning added that the UDC accomplishes its purpose for developers and citizens to reference and receive detailed information on requirements for development in the City, Mr, Gunning spoke regarding the inclusion of street design for residential and collector streets; future consideration of reducing the front yard setback in residential; the concern with the appeal process for permits to the Planning Commission and not the Zoning Board of Adjustment; authorizing the Assistant City Manager administrative approval to grant minor deficiencies with respect to compliance with rules and regulations; and reviewing the sign provisions to accommodate churches and multifamily complexes. John Bell, Wood, Boykin and Wolter, explained that Section 3.24 authorizes the Assistant City Manager to approve variances up to 10% of any set back or other adjustments. Abel Alonzo, 1701 Thames, thanked Mr. Gunning for his comments and the Mayor and City Council for giving staff direction to complete the process. City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 029048 Adopting a Unified Development Code (UDC) by merging and modifying the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance into one code; repealing the existing Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction Standards and Highway Beautification Ordinance; providing for the preservation of former Developmental Regulations Violations; repealing conflicting ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing notice procedures for a City -wide Zoning Map Amendment after a joint hearing of the Planning Commission and the City Council; and providing for publication and an effective date. (First Reading 04/26/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. * * * * * * * * * * * ** Mayor Adame announced the executive session, which was listed on the agenda as follows: 12. Executive session under Texas Government Code Section 551.071 (2) Consultation with Attorney regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 551 of the Texas Government Code. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken in open session. * * * * * * * * * * ** Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0111 -01, Staples Development, LLC: A change of zoning from the "R-1B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use form a low - density residential use to a medium- density residential use. The —4— Minutes -- Regular Council Meeting May 10, 2011 — Page 5 property to be rezoned is 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. Senior Planner Miguel Saldana announced that the representative for the applicant, Wayne Lundquist, requested that this item be tabled for an additional week. Mayor Adame called for comments from the audience. Jim Fritts, 6001 Baltic Court, spoke in opposition to the zoning change. Lawrence Balderas, 5809 Commonwealth, asked the Council to vote to leave the property zoned as single family. Ray Wilson, 5813 Commonwealth, also requested that the property remain zoned single family as designated under the Master Plan. Mayor Adame made a motion to continue the public hearing for this zoning case on May 17, 2011. The motion was seconded by Ms. Strong. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 13. POSTPONED UNTIL MAY 17, 2011 Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing .on the following zoning case: Case No. 0411 -01: Kill Operating Company, LLC.: A change of zoning from the "B -4" General Business District to the "B -5" Business District not resulting in a change of future land use. The property to be rezoned is Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive. No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close the public hearing,. seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows; 14. ORDINANCE NO. 029049 Amending the Zoning Ordinance, upon application by Kill Operating Company, LLC, by changing the Zoning map in reference to Mt. Vernon Subdivision, Unit 1, Lot D, located between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of Prinston Drive, from the "B -4" General Business District to the "B -5" Business District, not resulting in a change of future land use; amending the Comprehensive Plan to account for -5- Minutes — Regular Council Meeting May 10, 2011 — Page 6 any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 15 regarding the Cole Park Renovations and Improvements Re -Bid. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a location map of the project scope; project construction information; and budget. The following topics pertaining to this item were discussed: lighting on the pier; security cameras; the security of the bonding; other projects awarded to Safenet; coordination with Junior League and the construction of Kids Place; landscaping; partial closure of the park; schedule completion; irrigation; and saving features from old Kids Place to move to other locations. Mayor Adame called for comment from the audience. Abel Alonzo, 1701 Thames, asked questions regarding the surplus of funds and eliminating the rat problems, Mr. Anaya stated that the surplus of $300,000 would be used to fund improvements for the pier and the rat problem should be eliminated with the use of rubber in the play area. Mr. Alonzo said the community should be informed that staff is working to complete projects in a timely manner. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2011 -109 Motion authorizing the City Manager or designee to execute a construction contract with Safenet Services, LLC of Corpus Christi, Texas in the amount of $1,066,500 for the Cole Park Renovations and Improvements RE -BID for the Base Bid only. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. Mayor Adame opened discussion on Item 16 regarding the e- mailing system for the City. Director of Municipal Information Systems Michael Armstrong explained that the email component used by the City is a busy system and very critical. Mr. Armstrong provided a background of the current GroupWise system; the concern of the viability of the system; and the recommendation to change the system to Microsoft Outlook. Mr. Armstrong reported that the two part conversion process would include the mitigation costs funded in the current fiscal year and the subscription and licensing costs funded in FY2011 -2012. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16,a. MOTION NO. 2011 -110 Motion authorizing the City Manager or designee to purchase Microsoft Windows Server Client Access licenses for 2,800 users from Dell Corporation, of Austin, Texas, in the amount of $24,556 per year for three years for a total cost not to exceed $73,668. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR -SDD -1014. -6- Minutes — Regular Council Meeting May 10, 2011 — Page 7 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent. 16.b. MOTION NO. 2011 -111 Motion authorizing the City Manager or designee to purchase subscriptions for Microsoft hosted Exchange e-mail licenses and hosted e-mail archival licenses for 2,800 users from Dell Corporation, of Austin, Texas, in the amount of $218,213 per year for three years for a total cost not to exceed $654,639. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR -SDD -1014. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent. 16.c. MOTION NO. 2011 -112 Motion authorizing the City Manager or designee to purchase services from Dell Incorporated, of Austin, Texas in the amount of $88,190 for the migration of systems from Netware/Novell to Microsoft Active Directory /Exchange. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR - SDD -890. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. 16.d. MOTION NO. 2011-113 Motion authorizing the City Manager or designee to purchase 2,800 Quest software licenses from Dell Incorporated, of Austin, Texas for use in the migration process of Item C in the amount of $55,580. Dell Incorporated is a State of Texas DIR recognized vendor, #DIR - S D D -890. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye'; Leal was absent. Mayor Adame opened discussion on Item 17 regarding the 2010 HOME program. Director of Neighborhood Services Eddie Ortega explained that this item is accepting a grant from the U.S. Department of Housing and Urban Development for the 2010 HOME program for the Costa Tarragona 11 Project and appropriation of the grant. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 17.a. RESOLUTION NO. 029056 Resolution authorizing the City Manager or designee to accept a grant of $777,964 from the U. S. Department of Housing and Urban Development (HUD) for the 2010 HOME Program and to execute all related and necessary documents for the Costa Tarragona II Project. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. Minutes — Regular- Council Meeting May 10, 2011 — Page 8 17.b. ORDINANCE NO. 029057 Ordinance appropriating a grant of $777,964 from the U. S. Department of Housing and Urban Development in the No. 9045 Grant Fund for the 2010 HOME Program for the Costa Tarragona 11 Project. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye "; Leal was absent. * * * * * * * * * * * ** Mayor Adame recessed the Regular Council meeting to hold the corporation meetings of the Corpus Christi Community Improvement Corporation (CCCIC) and the Corpus Christi Housing Finance Corporation (CCHFC). * * * * * * * * * * * ** Mayor Adame reconvened the Regular Council meeting and called for petitions from the audience. There were no comments from the audience. * * * * * * * * * * * ** Mayor Adame called for a moment of silence to remember Council Member Leal's mother, Refugia Gonzalez. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 1 :45 p.m. on May 10, 2011. * * * * * * * * * * * ** 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/17/2011 AGENDA ITEM: RECOMMENDATION: Motion approving the purchase e 5t twelve Texas Cooperative Purchasing Program Country Chevrolet, Caldwell, Texas, in accordance with for a total amount of $317,919.98• These units are replacements i Capital Outlay the gudget of the Fleet Maintenance enance Fund Department. Funding is available in the FY 2010-2011 Cap ISSUE: These twelve (12) vehicles will be used by the Police Department personnel for day-to-day police work. All units are replacement to the fleet. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mich' - el Barrera Assistant Director of Financial Services mikeb ©cctexas.com 361 - 826 -3169 BACKGROUND INFORMATION These twelve (12) vehicles will be used by the Police Department for day -to -day police work. All units are replacements to the fleet. The Crown Victoria series are no longer available after 2011 and the Chevrolet Tahoe is an alternate choice in police interceptor vehicles. The Police Department will utilize these vehicles for comparison of equal performance of the Crown Victoria. The Tahoes are equipped with a police package similar to the Crown Victoria's, which includes a higher horsepower engine, heavy -duty brakes, etc.; that are required for police pursuit. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. Ten of the Tahoes are two -wheel drive (2WD) and two of the Tahoes are four -wheel drive (4WD). Award Basis: The Tahoes will be purchased through the State of Texas Cooperative Purchasing Program and abides by all Texas statutes regarding competitive bidding requirements. State of Texas Term Contract Number 071 -A1. Price Comparison: The City purchased one (1) 4WD Tahoe in 2010 for a unit price of $29,998. Pricing has decreased approximately 3.35 %. There is no previous buy history for the 2WD Tahoes; therefore, no price comparison can be made. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: MAY 17, 2011 PRICE SHEET CHEVROLET TAHOES TOTAL: $317,919.98 CALDWELL COUNTRY CHEVROLET CALDWELL, TEXAS ITEM DESCRIPTION QTY UNIT UNIT EXTENDED PRICE PRICE 1. 2. 2011 Chevrolet Tahoe 2WD 2011 Chevrolet Tahoe 4WD 10 2 EA EA $25,993.28. $259,932.80 $28,993.59 $57,987.18 TOTAL: $317,919.98 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05117!2011 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $9,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $9,000 from the Texas Department of Transportation for funding of the Click It or Ticket (CLOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas leads the nation in traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conduct overtime enforcement to increase seat belt use. BACKGROUND: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct a two -week occupant protection enforcement effort during the Memorial Day Holiday, May 23 -- June 5, 2011. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 300 safety belt citations and 50 child safety seat citations and in turn increasing safety belt use among drivers and front seat passengers by 2 %. During the June 2010 CIOT campaign, the State safety belt use average was 93.4 % with the City of Corpus Christi at 91.5 %. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. PREVIOUS COUNCIL ACTION: Approval of previous CIOT grants during FY 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, and 2010 FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salaries and retirement. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: TXDOT Contract D. Troy Riggs Chief of Police 886 -2603 Troyr(cctexas.corn City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2011. Name of the Federal Agency: National Highway Traffic Safety Administration CFDA Number: 20.602 CFDA Title: Occupant Protection Funding Source: Section 405 DUNS: 069457786 Project Title:STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 03/01/2011 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise modified. Total Awarded: $9,000.00 Amount Eligible for Reimbursement: $9,000.00 Match Amount: $0 2011 - CorpusPD -CIOT -00040 Printed 09:$5/10/2011 ORDINANCE APPROPRIATING $9,000 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING OF THE CLICK IT OR TICKET (CIOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $9,000 is appropriated from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form Mav 4 ?2011 T. T a Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of 72011 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: llwe, 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, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/17/2011 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $175,000 to the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of Justice (NIJ) for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services. ISSUE: The purpose of the program is to make improvements to the quality and timely processing of forensic evidence that supports the reduction in the backlog of non -DNA evidence. BACKGROUND INFORMATION: The funds will be used for the enhancement of the Police Department's existing Automated Fingerprint Identification System (AFIS) by adding mobile fingerprinting units for use by field personnel and the scanning of existing fingerprint records into AFIS. The first of three project goals is to increase the number of offender fingerprints that populate our AFIS system, thereby increasing the searchable database for offender and crime scene fingerprint searches. Second is to improve area law enforcement officer safety. By providing cost - effective, cutting edge fingerprint matching units in police vehicles, field officers can immediately match suspects with known offenders and safely manage potentially dangerous situations. Finally, crime scene investigations will be improved by strengthening and expanding the region's capacity to match latent finger and palm print evidence collected at crime scenes with known offenders. As all regional partners have free access to AFIS data, implementation positively impacts the ability to identify and enforce actions involving all repeat offenders, particularly those involved in drugs, alcohol, gangs, and weapon violations. Implementation strategies include a) incorporating real -time digitalization of both finger and palm prints collected during suspect processing and from latent crime scene evidence; b) expanding data storage capacity to include all known prints, including Class C violators; c) improving data processing speed to near real -time cross- matching with banked information; and d) providing immediate "match" field confirmation of remotely transmitted fingerprint data, REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: No match is required by the City. Grant - funded projects will begin on or after October 1, 2011, and will expire on or before September 30, 2012. CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant. D. Troy Riggs Chief of Police 886 -2603 Troyr(c�cctexas. com Attachments: RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $175,000 TO THE U.S. DEPARTMENT OF JUSTICE (DOJ), OFFICE OF THE JUSTICE PROGRAM (OJP), NATIONAL INSTITUTE OF JUSTICE (NIJ) FOR FUNDING AVAILABLE UNDER THE COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM TO IMPROVE THE QUALITY AND TIMELINESS OF FORENSIC SCIENCE AND MEDICAL EXAMINER SERVICES, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $175,000 to the U.S. Department of Justice (DOJ), Office of the Justice Program (OJP), National Institute of Justice (NIJ) for funding available under the Coverdell Forensic Sciences Improvement Grant Program to improve the quality and timeliness of forensic science and medical examiner services. SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these U.S. Department of Justice (DOJ), Office of the Justice Program (OJP), National Institute of Justice (NIJ) funds, the City of Corpus Christi assures that the funds will be returned to the U.S. Department of Justice (DOJ), Office of the Justice Program (OJP), National Institute of Justice (NIJ) in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: May 3, 2011 By: T. risha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet —25— 1 5 AGENDA MEMORANDUM DATE: May 17, 2011 SUBJECT: Task Order 4 — Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station (Project No. E10046) AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Amendment No. 6 to a professional engineering services contract with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $150,740.00 for a restated not to exceed total fee of $1,185,700.50 for the Corpus Christi International Airport Task 4 Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station. CONSULTANT SELECTION /PROJECTS: The City selected Jacobs Engineering Group to provide Airport engineering services through a Request for Proposals (RFP) for a multi- year service agreement for up to five years. FAA grant regulations do not permit the use of a local participation preference or requirement in the selection of consultants. However, , Jacobs Engineering has selected LNV Engineering, Inc. of Corpus Christi as sub - consultant. FUNDING: Funding is being supplied by FAA Grants and Aviation CIP Funds. Current FAA Grants are providing 75% of the funding with Aviation CIP Funds funding 25 %. Future FAA Grants will reimburse the City an additional 20% of the cost of the amendment resulting in FAA Grants funding 95% of the total amendment cost. RECOMMENDATION: Approval of the Motion as presented. Fred Segu Director of Aviation 361 -289 -0171 ext. 1213 freds @cctexas.com ADDITIONAL SUPPORT MATERIAL Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com —29- H :HOME\VelmaP1GENIAIRPORT1E14046 DOA TERMINAL BUILDING REHAB AND FEDL INSP STAIAMENDMENT NO. 6LAEAmd6MemoTask4TermineiRehabFIS .doc BACKGROUND INFORMATION SUBJECT: Task Order 4 — Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station (Project No. #E10046) CONTRACT AMENDMENT: The amendment authorizes additional construction management and inspection services through August of 2011. Project management for FAA funded projects is required by FAA regulations for the duration of construction activity. The amendment provides 4.5 months of additional services. The amendment will allow full time on site project management to continue through the completion of actual construction. TASK DESCRIPTION: The expansion of the Federal Inspection Station will increase the number of passengers that can be processed from the current capacity o f 50 passengers per hour. The renovated and expands Station will allow 200 to 250 passengers per hour to be processed through Customs and Border Protection and Transportation Security Administration. The renovated facility will: 1. Increase the number of processing stations to accommodate a minimum of 200 passengers per hour. 2. Install ADA compliant access to entrances and exits from the FIS facility. 3. Increase the size of the Arrivals Primary Processing Area. 4. Improve the downstream baggage claim. 5. Increase the size of the Secondary Bag Screening. 6. Develop a facility that provides a high level of customer service. The Federal Inspection Station facility must be designed in accordance with the recommendations and requirements of the Federal Aviation Administration, U.S. Customs and Border Protection, the Transportation Security Administration, and the Airport Administration. The building modifications, including structural, mechanical, plumbing, and electrical systems, will be designed in accordance with local and national building codes and to meet the operational needs within the remodeled area. Modifications to utilities such as water, sewer, power, communications and IT systems will be included as required for an operational facility. FUNDING: Funding is being supplied by FAA Grants and Aviation CIP Funds. Current FAA Grants are providing 75% of the funding with Aviation CIP Funds funding 25 %. Future Based on verbal commitment from the FAA, it is anticipated the FAA will reimburse the City an additional 20% of the cost of the amendment resulting in FAA Grants funding 95% of the cost of the amendment. TIME OF COMPLETION: The project is estimated to be complete during August of 2011. Ff;1!- 10MEWEVl NS1GEN1AI R_ restored120 09improvements\ADAMaangExhA. doc Exhibit A Page 1 of 2 BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the item and recommends approval. RECOMMENDATION: It is recommended Council approve the motion as presented. FUTURE COUNCIL ACTIONS: Council will be requested to approve: • engineering amendments that may be needed; and • any change orders that may require Council approval. H:IHOMEIKEV NS \GENti AIR_ restored 120091mprovements\AEtiAEAac kgExhA.doc Exhibit A Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Task Order 4 — Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station (Project No. E10046) PRIOR COUNCIL ACTIONS: 1. October 13, 2009 — Motion authorizing the City Manager, or his designee, to execute a professional engineering services contract with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $75,400.00 for the Corpus Christi International Airport Terminal Rehabilitation Conceptual Phase Services, Task 2 Airfield Perimeter Road Rehabilitation, and Task 3 Airfield Terminal Apron Rehabilitation Projects with Task Orders 2 and 3 subject to (1) FAA funding; (2) City Council acceptance and ordinance appropriating the funds, and (3) Motion to authorize City Manager or his designee to execute an amendment to the Agreement to authorize the fees for Task Orders 2 & 3 (Motion No. M2009 -289). 2. December 15, 2009 — Ordinance adopting the FY2010 Capital Budget and Capital Improvement Guide (Ordinance No. 028449). 3. February 16, 2010 - Motion authorizing the City Manager, or his designee, to execute a professional architectural /engineering services contract Amendment No. 1 with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $662,976,50 for a restated not to exceed fee of $738,376.50 for the Corpus Christi International Airport: (Motion No. M2010 -036) • Task Order 4 — Terminal Rehabilitation Design through Construction Phase Services - Federal Inspection Station Facility Renovation /Expansion, • Task Order 5 — Wildlife Hazard Analysis and • Task Order 6 — Electrical Tunnel Structural Integrity Investigation 4. September 21, 2010 — Ordinance Appropriating $2,802,051 from the Federal Aviation Administration Grant No. 3 -48 -0051- 046 -2010 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Terminal Building, and declaring an emergency (Ordinance No. 028790). 5. September 21, 2010 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $3,231,000.00 for the Corpus Christi International Airport Terminal Building Rehabilitation project for Base Bid only for the expansion of the Federal inspection Services (FIS) area to increase the screening capacity of Customs and Border Protection, Subject to Appropriation (Motion No. M2010 -224). 6. January 11, 2011 - Motion authorizing the City Manager, or his designee, to execute a professional engineering services contract with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $163,235.00 for the Corpus Christi —32- H :1H0MEtVeImeP1GEMAIRPORT1E10046 CCIA TERMINAL BUILDING REHAB AND FEDL ENSP STASAMENDMENT NO.61AEAmd6PriorAefionsExhB.doe Exhibit "B" Page 1 of 2 PRIOR PROJECT ACTIONS SUBJECT: Task Order 4 — Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station (Project No. El 0046) PRIOR COUNCIL ACTIONS: 1. October 13, 2009 — Motion authorizing the City Manager, or his designee, to execute a professional engineering services contract with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $75,400.00 for the Corpus Christi International Airport Terminal Rehabilitation Conceptual Phase Services, Task 2 Airfield Perimeter Road Rehabilitation, and Task 3 Airfield Terminal Apron Rehabilitation Projects with Task Orders 2 and 3 subject to (1) FAA funding; (2) City Council acceptance and ordinance appropriating the funds, and (3) Motion to authorize City Manager or his designee to execute an amendment to the Agreement to authorize the fees for Task Orders 2 & 3 (Motion No. M2009 -289). 2. December 15, 2009 — Ordinance adopting the FY2010 Capital Budget and Capital Improvement Guide (Ordinance No. 028449). 3. February 16, 2010 - Motion authorizing the City Manager, or his designee, to execute a professional architectural /engineering services contract Amendment No. 1 with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $662,976.50 for a restated not to exceed fee of $738,376.50 for the Corpus Christi International Airport: (Motion No. M2010 -036) • Task Order 4 -- Terminal Rehabilitation Design through Construction Phase Services - Federal Inspection Station Facility Renovation /Expansion, • Task Order 5 — Wildlife Hazard Analysis and • Task Order 6 — Electrical Tunnel Structural integrity Investigation 4. September 21, 2010 — Ordinance Appropriating $2,802,051 from the Federal Aviation Administration Grant No. 3 -48 -0051- 046 -2010 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Terminal Building, and declaring an emergency (Ordinance No. 028790). 5. September 21, 2010 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $3,231,000.00 for the Corpus Christi International Airport Terminal Building Rehabilitation project for Base Bid only for the expansion of the Federal Inspection Services (FIS) area to increase the screening capacity of Customs and Border Protection, Subject to Appropriation (Motion No. M2010 -224). 6. January 11, 2011 - Motion authorizing the City Manager, or his designee, to execute a professional engineering services contract with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $163,235.00 for the Corpus Christi —33- H :1H0ME1VelmaRGENL4IRPORT1E10046 CCIA TERMINAL BUILDING REHAB AND FEDL INSP STAIAMENDMENT NO.6tiAEAmd6PriorActionsExhB.doc Exhibit "B" Page 1 of 2 International Airport Task 8 Runway Alternative Study for the Corpus Christi international Airport - Project Number E10076 (Motion No. M2011 -010). 7. April 26, 2011 - Motion authorizing the City Manager, or designee, to execute Amendment No. 5 to the professional engineering services contract with Jacobs Engineering Group, Inc. of Fort Worth, Texas in an amount not to exceed $74,323.00 for a restated not to exceed total fee of 1,034,960.50 for the Corpus Christi International Airport Task 8 Runway Alternative Study — Safety Risk Management Assessment for the Corpus Christi International Airport Project - Number E10076 (Motion No. M2011 -099) 8. Mav 10, 2011 - Motion authorizing the City Manager, or designee, to execute Change Order No. 1 to the construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount of $48,021.70 for a restated not to exceed total amount of $3,279,021.70 for the Corpus Christi International Airport Terminal Building Rehabilitation project for Base Bid only for the expansion of the Federal Inspection Services (FIS) area for new emergency egress stairwell, additional dewatering, modifications of duct work and ceiling grid furdown. (Motion No. M2011 -107) PRIOR ADMINISTRATIVE ACTIONS: 1. June 17, 2009 — Release of Request for Qualifications (RFQ) No. 2009 -06 for Selection of Planning and Architect/Engineering Services for Corpus Christi international Airport in compliance with FAA Regulations for selection of consultant services. 2. April 14, 2010 - Administrative award of Amendment No. 2 to a professional engineering contract in the amount of $46,054.00 or a restated not to exceed total fee of $784,430.50 to Jacobs Engineering Group, Inc. of Fort Worth, Texas for Task Order 7 Corpus Christi International Airport Airfield Layout Plan Update. 3. November 2, 2010 — Administrative award of a professional engineering contract in the amount of $17,594.50 to Raba Kistner Consultants, Inc. of Corpus Christi, Texas for engineering materials inspection and laboratory testing services for the Corpus Christi International Airport Terminal Rehabilitation and Federal Inspection Station. 4. March 23, 2011 - Administrative award of Amendment No. 4 to a professional engineering contract in the amount of $12,972.00 for a restated not to exceed total fee of $960,637.50 to Jacobs Engineering Group, Inc. of For Worth, Texas for Task Order 8 Corpus Christi International Airport Airfield Layout Plan Update for Detailed Vertical and Horizontal Obstruction Locations. H :IHOMEWeImaP1GENIAIRPORTlE10046 CCIA TERMINAL BUILDING REHAB AND PEDL INS STAUIMENDMENT NO.61AEAmd6PriorAcLionsExhB.doc Exhibit "B" Page 2 of 2 CONTRACT SUMMARY Section 1. SCOPE OF PROJECT - Planning and Architecture /Engineering Services for City of Corpus Christi - Corpus Christ International Airport is amended to authorize NE to provide additional services by the addition of the following paragraph to Section 1: Task Order 4 - Terminal Rehabilitation and Federal Inspection Station is amended to authorize Additional Services for Construction Management and Project Inspection Services for an additional 4.5 months through August 31, 2011. The Additional Services are authorized to provide management oversight and support for the duration of the project per FAA grant requirements for FAA funded projects. This amendment provides the FAA required extended project management and support that required Section 4. FEE is amended by the additional fees authorized by this amendment as set forth: 4. FEE The amendment authorizes an additional fee and reimbursement allowance not to exceed $150,740.00 for a restated total of $1,185,700.50. (Contract Summary of Scope and Fee Amendments follow.) Original Contract Task Order 1 Terminal Rehabilitation Phase I Design — Federal Inspection Station (FIS) Conceptual Programming Service 75,400.00 Task Order 2 Rehabilitation of Perimeter Service Road Phase I (Design Services) TBA Task Order 3 Air Carrier Apron Rehabilitation TBA Total Fee 75,400.00 Amendment No. 1 Task Order 4 Terminal Rehabilitation Design through Construction Phase Services & Federal Inspection Station Facility Renovation /Expansion 300,355.00 Task Order 5 Wildlife Hazard Analysis 133,453.50 Task Order 6 Electrical Tunnel Structural Integrity Investigation 45,000.00 Amendment No. 1 Fee 478,808.5 Amendment No. 2 Task Order 7 Airport Layout Plan (ALP) Update 46,054.00 Amendment No. 2 Fee 46,054.00 Amendment No. 3 Task Order 8 Runway Alternative Study 163.235.00 Amendment No. 3 Fee 163,235.00 Amendment No. 4 Runway Alternative Study - Location of Horizontal and Vertical Close in Obstructions - Runway 17 and 13 Approaches 12,972.00 Amendment No. 4 Fee , 12,972.00 -35- Exhibit C Page 1 of 2 Amendment No 5 Task Order 9 Runway Alternative Study — Safety Risk Management Assessment 74,323.00 Amendment No, 5 Fee 74,232.00 Amendment No. 6 Task Order 4 Terminal Rehabilitation and Federal Inspection Station 150,740.00 Amendment No. 6 Fee 150,740.00 Total Authorized Fee 1,185,700.50 For Amendment No. 6 (Task 4), the CITY will pay the NE a fee, as described in Exhibit A6, for providing services authorized, a total not to exceed sum amount of $150,740.00 inclusive of all fees and expenses. Exhibit A -6 These changes result in the following adjustment of the Total Authorized Fee for Amendment No. 6 - Task Order No. 4 — Terminal Rehabilitation & Federal Inspection Station: Original Authorized Fee for Task Order No.4 as follows: 1. Basic Services 2. Additional Services, Not To Exceed Total Original Authorized Fee (Item 1 plus Item 2) Total Authorized Fee Prior to This Supplemental Agreement: Amendment No. 6 Additional Services, Not to Exceed: Task 4 Total Authorized Fee including this Amendment: —36— $300,355.00 $184,168.00 $484,523.00 $484,523.00 $150,740.00 $635,263.00 Exhibit C Page 2 of 2 File : \ Mproject \councilexhibits\exhE10046.dwg FM, 624 Ua R��R dT' fA!4'\ IAtGLOIN 60, LOCATION MAP NOT TO SCALE 1- J ~ �F HWY 44 AGNES RD. CORPUS CHRISTI CORPUS CHRISTI ' INTERNATIONAL 'AIRPORT> 4t \\ \\ -!ter \'\ \\ \ \\ \ �•i \r PROJECT # E10046 PROJECT SITE CCIA Terminal Building IvMCGLOIN ROAD SITE LOCATION NOT TO SCALE • ,ry I / �. t t BEAR LANE EXHIBIT "D" Task Order 4 - Corpus Christi International Airport Terminal Building Rehabilitation and Federal Inspection Station 37 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5-17-201 1 - — IOW 6 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: May 17, 2011 A. Ordinance abandoning and vacating a 6,548.51- square foot portion of an existing utility easement out of the Parkdale Shopping Center, Block AR, Lot 2, located north of and adjacent to the Gollihar Road public street right -of -way; requiring the owner, Wal -Mart Stores, Inc., L.P., to comply with the specified conditions; and declaring an emergency. B. Ordinance abandoning and vacating a 467.53- square foot portion of an existing 10 -foot wide utility easement out of the Parkdale Shopping Center, Block AR, Lot 2, located north of and adjacent to the Gollihar Road public street right -of -way; requiring the owner, Wal -Mart Stores, Inc., L.P., to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of these utility easements is necessary to in order to properly develop the subject property. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 1, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. V11(xt_ Juan Perales(Jr., P.E., Assistant City Manager Departments of Engineering & Development Services Email: JohnnyP@cctexas.com Telephone: 361 - 826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map H:1PLN- DIRISPECIAL SERVICESIWILLIE MEDINAIEASEMENT CLOSURESIPARKDALE SHOPPING CENTER, BLK AR, LOT 2 (2011)1PARKDALE SHOPPING CTR. BLK. AR, LOT 2.M.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Brown & Ortiz, P.C., on behalf of Wal -Mart Stores, Inc., LP. ( "Applicant ") is requesting the abandoning and vacating of two existing utility easements, out of the Parkdale Shopping Center, Block AR, Lots 1 -12. The easements to be abandoned and vacated are located in a'B -3" Business District. The said portions of easements are being abandoned and vacated to accommodate the re- development of the Parkdale Shopping Center to accommodate the construction of a WaI -Mart Store in the area. All public and franchised utilities were contacted regarding this closure request. None of the public or private departments or utility companies had any objection to the closure, but will seek reimbursement if adjustments to their facilities become necessary. Applicant will be responsible for any and all relocation fees for all public and franchised utilities within the closure request and the dedication of appropriate utility easements. Applicant will be responsible and required to dedicate utility easement(s) during the replatting process, if any new public utilities are required prior to construction of the proposed building. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12 because Owner will be dedicating new utility easements of equal or greater value to off-set the proposed abandonment and vacation of the eight easements. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval, of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. The Applicant must also comply with all the specified conditions of the ordinance within 180 days of Council approval. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. H:1PLN- DIRISPECIAL SERVICESIW ILLIE MEDlNA\E4SEMENT CLOSIJRESIPARKDALE SHOPPING CENTER. BLK AR, LOT 2 (2011 }IPARKDALE SHOPPING CTR. BLK. AR, LOT 2.M2 (4- 29- 11).DOC EXHIBIT A —42— ORDINANCE ABANDONING AND VACATING A 6,548.51- SQUARE FOOT PORTION OF AN EXISTING UTILITY EASEMENT OUT OF THE PARKDALE SHOPPING CENTER, BLOCK AR, LOT 2, LOCATED NORTH OF AND ADJACENT TO THE GOLL1HAR ROAD PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, WAL- MART STORES, INC., L.P., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Wal -Mart Stores Inc., L.P. is requesting the abandonment and vacation of a 6,548.51- square foot portion of an existing utility easement out of Parkdale Shopping Center, Block AR, Lot 2, located north of and adjacent to the Gollihar Road public street right -of -way, in order to properly develop the subject property for future construction of a Wal -Mart store. The easement to be abandoned and vacated is located in a B -3 Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, May 17, 2011, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A — Site Map, Exhibit B - Metes and Bounds, Exhibit C- Accompanying Metes and Bounds Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 6,548.51- square foot portion of an existing utility easement out of Parkdale Shopping Center, Block AR, Lot 2, as recorded in Volume 67, Pages 423 -424 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the Owners' compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owners' compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the requirement of paying fair market value for the property is waived. 2) Owner is responsible for any and all utility relocation and relocation fees for all public and franchised utilities within the closure request area and the dedication of any appropriate utility easements that are required. 3) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. H: 1LEG- DIM SharedhLEGAL- DEV.SVCS12011 Agenda15- 17- 111Parkdaie Shopping Center Easement Ciosure15 -5- 11ORD.A&VEsmt.(6,548.51 ft.)DWBFinai.docx —43— 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owners expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to FORM this 5th day of May, 2011. Ake4 Assistant eborah Walther Br A City Attorney For City Attorney H:1 LEG- DIRISharedhLEGAL- DEV.SVCS12011 Agenda15- 17- 111Parkdale Shopping Center Easement Closure15 -5- 11ORD.A &VEsmt.(6,548.51 ft.)DWEFinal,docx —44— Corpus Christi, Texas Day of , 2011 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H: 1LEG- DIR \Shared\LEGAL- DEV.SVCS12011 Agenda15 -17 -1 lWarkdale Shopping Center Easement Closure15 -5- 11ORD.A&VEsmt. (6,548.51 ft.)DWBFinal.docx —45— 002 1230PARKr LE B C BLC LBRY rR PARKDALE SHOPPING CENTER a tsa a5 or Proposed Easement Closure PARKDALE SHOPPING CENTER BLOCK AR LOT 2 EASEMENT LOCATION Easement Closure A.: 01WU1nuiry Enrme dasrr ' WQ rpre nu ! Tr ireOrae aRR Ply liCaFu, ChM Oe:71¢nrr:iMLel418 —46-- EXHIBIT A November 16, 2010 Job No. 19618.30.05 State of Texas County of Nueces Fieldnotes for the closure of a utility easement out of Lot 2, Block AR, Parkdale Shopping Center, a map of which is recorded in Volume 67, Pages 423 -424, Map Records of Nueces County, Texas; said utility easement closure being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the northeast boundary of Gollihar Road, a public roadway, for the south comer of Lot 1, said Block AR, and for a comer of said Lot 2; Thence, South 6144'56" East, along said northeast boundary of Gollihar Road, a distance of 102.02 feet; Thence, North 28'15'04" East, a distance of 15.00 feet to a point on the north boundary of an existing 15.00 foot wide utility easement as shown on the recorded plat of said Parkdale Shopping Center for the Point of Beginning; Thence, North 25 °06'09" East, a distance of 258.17 feet fora corner of this easement closure; Thence, North 29 °59'43" West, a distance of 7.82 feet for a corner of this easement closure; Thence, North 60°00'17" East, a distance of 22.33 feet for a corner of this easement closure; Thence, South 29°59'41" East, a distance of 30.00 feet for a comer of this easement closure; Thence, South 60 °00' 17" West, a distance of 19.16 feet for a corner of this easement closure; Thence, South 25 °06' 12" West, a distance of 70.33 feet for a corner of this easement closure; Thence, North 60°00'10" East, a distance of 76.84 feet for a corner of this easement closure; Thence, South 29 °59'50" East, a distance of 10.00 feet for a corner of this easement closure; Thence, South 60°00'10" West, a distance of 91.18 feet for a corner of this easement closure; Thence, South 25°06'12" West, a distance of 161.37 feet to a point on the north boundary of the aforementioned existing 15.00 foot wide utility easement, for the southernmost corner of this easement closure; Thence, North 61 °44'56" West, along the north boundary of said existing 15.00 foot wide utility easement, a distance of 20.03 feet to the Point of Beginning and containing 6548.51 square feet of land. Bearings based on the recorded plat of Parkdale Shopping Center, Block AR, Lots 1 through 12, a map of which is recorded in Volume 67, Pages 423 -424, Map Records of Nueces County, Texas. Unless this field notes description, including preamble, seal and si r ature, appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy. \\ Urbanfs0 11daralSurveyineti96t81B0051fneasementclasure6549 .5 1st doc (361)854 -3101 2725 SWANTNER 0R. • CORPUS CHRISTI. TEXAS 78404 www.urborleng.com TBPE Firm #145 -47- Urban Engineering . • A n J. Sa ' zar, R.P.L. . License No. 4909 Page 1 af 1 FAX (361)854 -6001 EXHIBIT B l• { %!1i1lv =, ' entrnl Lot 110 lock AR Parkdale Shopping Center Vol. 67. Pgs. 423-424. Map Records of Nueces County, Texas Lot 1 Fd. 5/$" /.R. "Point of Commencement" co rd. 5/8" LR. with red plastic cap stamped 'Urban Engr C.C. Tx" 150 100 50 LINE BEARING DISTANCE Ll N28' 15'04"E 15.00' L2 N29'59'43W 7.82' L3 N60'00'17"E 22.33' L4 S29'59`41 "E 30.00' L5 _, 560'00.17"W 19.16 L6 S25 06'12"W 70.33' L7 N60'00'10"E 76.84' L8 S29'59'50"E 10.00' L9 S60.00' 10"W 91.18' 110 N61'44'56"W 20.03' 111 N28' 15'04"E 15.00' L12 N28' 15'04"E 49.85' 113 529'59'43"E 11.76` 114 528' 15'04"W 43.66' L15 N61'44'56"W 10.00' 0 0 ACU 0 n m0 r 111- 561'44'56"E 296.49' Gollihar Road S51'44'56„ 102.02' Lot 2, Block AR Parkdale Shopping Center Vol. 67, Pgs. 423-424, Map Records of Nueces County. Texas 1'. 10.':'1•! L15 100 200 1a to Accom . a mars Tor the NOSUfe or two oily easements out of tot 2, Block A sT 423-424, 3Porldole 5hopping Center, o mop of which is recorded in yawn.Atop Records of Aueces County. Texas Graphic Scale 1=100' 2d Y.R. r.,r�. UURBAN ENGINEERING CORPUS CHRISTI. TEXAS , rlrrn IIIc !I!'r'i i.r c PS& St, ,x Me (.16i) s-sior f1s0r-rave EXHIBIT EXHIBIT C DATE: Nov. 16, 2010 SCALE: 1 "=100` JOB NO.: 19618.80.05 SHEET: 1 of 2 DRAWN BY: XG 02010 by Urban Engineering • ORDINANCE ABANDONING AND VACATING A 467.53- SQUARE FOOT PORTION OF AN EXISTING 10 -FOOT WIDE UTILITY EASEMENT OUT OF THE PARKDALE SHOPPING CENTER, BLOCK AR, LOT 2, LOCATED NORTH OF AND ADJACENT TO THE GOLLIHAR ROAD PUBLIC STREET RIGHT -OF -WAY; REQUIRING THE OWNER, WAL -MART STORES, INC., L.P., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, WaI -Mart Stores Inc., L.P. is requesting the abandonment and vacation of a 467.53 square foot portion of an existing 10 -foot wide utility easement out of Parkdale Shopping Center, Block AR, Lot 2, located north of and adjacent to the Gollihar Road public street right -of -way, in order to properly develop the subject property for future construction of a Wal -Mart store. The easement to be abandoned and vacated is located in a B -3 Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, May 17, 2011, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A — Site Map, Exhibit B - Metes and Bounds, Exhibit C- Accompanying Metes and Bounds Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 467.53- square foot portion of an existing 10 -foot wide utility easement out of Parkdale Shopping Center, Block AR, Lot 2, as recorded in Volume 67, Pages 423 -424 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the Owners' compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owners' compliance with the following: 1) Since the Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49 -12, the requirement of paying fair market value for the property is waived. 2) Owner is responsible for any and all utility relocation and relocation fees for all public and franchised utilities within the closure request area and the dedication of any appropriate utility easements that are required. 3) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:1 LEG- DIR \Shared\LEGAL- DEV.SVCS\2011 Agenda15- 17- 111Parkdale Shopping Center Easement Closure15 -5- 11ORD.A&VEsmt.(467.53 ft.)DWBFinal.docx —4 9— . 4) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owners expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to FORM this 5th day of May, 2011. eborah Walther Brq Assistant City Attorney For City Attorney H: 1LEG- DIR \Shared\LEGAL- DEV.SVCS12011 Agenda15- 17- 111Parkdaie Shopping Center Easement Closure15 -5- 11 ORD.A &VEsmt.(467.53 ft.)DViBFinal.docx —50— Corpus Christi, Texas Day of , 2011 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda15- 17- 111Parkdale Shopping Center Easement Closure15 -5- 11ORD.A&VEsmt.(467.53 fi.)DWBFinal.docx —5 1 _ 0 225 43p et Proposed Easement Closure PARKDALE SHOPPING CENTER BLOCK AR LOT 2 Easement Closure 17++:12I5,2010 I.: Eutri.YRlty Eterm.tpopr._A1�_Telnpre nrd Prop red ir: 51P Cry al CaFu. CAMS tS MCe4G1S EASEMENT LOCATION EXHIBIT A _52_ November 16, 2010 Job No. 19618.B0.05 State of Texas County of Nueces Fieldnotes for the closure of a utility easement Records afN� s Parkdale County, ssCa utility map of which is recorded in Volume 67, easement closure being more-fully described by metes and bounds as follows: Commencing at a 5I8 inch iron rod with red plastic for the south comer of Lot !� said found on the and for a northeast boundary of Gather Road, a public roadway, corner of said Lot 2; Thence, South 61°44'56" East, along said northeast boundary of Goilihar Road, a distance of 296.49 of an existing Thence, North 28° 15'04" East, a distanerecorded plat of said Parkdale Shopping Cen for the Pain of 15.00 foot wide utility easement as shown on the Beginning; Thence, North 28°15'04" East, a distance of 49.85 feet for the northernmost corner of this easement closure; Thence, South 29°59'43" West, a distance of 11.76 for the easternmost comer of this easement • closure; feet; closure; Thence, South 28 °15'04" West, a distance of 43.66 feet for the southernmost corner of this easement Thence, North 61 °44'56" West, along the north boundary of said existing 15.00 foot wide utility easement, a distance of 10.00 feet to the Point of Beginning and containing 467.53 square feet of land. Bearings based on the recorded plat of Parkdale Shopping Center, Block AR, Lots 1 through 12, a map of which is recorded in Volume 67, Pages 423 -424, Map Records of Nueces County, Texas. Unless this field notes description, including preamble, seal and signature, appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy. 1 pl urveyingg1961a1B005ti & m F( g } �S CORPUS CHRISTI. TEXAS 78404 7�� www.urbaneng.com TBPE Firm #145 -53- Urban Engineering Page 1 9f, (361)854 -6001 EXHIBIT B f • UNE L1 L2 L3� BEARING N28' 15'04"E N29'59'43"W DISTANCE 15.00' 7.82' N60' 00'17"E 22.33' L4 L5 L6 S29'59'41 "E 30.00' 560'00'17"W 19.16' 525'06'12"W 70.33' 17 N60'00'10"E 76.84' L8 529'59.50"E 10.00' 19 L10 111 112 113 114 115 S60'00' 10"W N61' 44'56"W 1:128-15'04"E N28' 15'04"E S29' 59.43"E S28'15'04"W 91.18' 20.03' 15.00' N61'44'56"W Lot 11 46. Block Parkdale Shopping Center Vol. 67. Pgs. 423-424. Map Records of Nueces County. Texas Lot 1 N co 7,t 49.85' 11.76' 43.66' 10.00' Lot 2. Block AR Parkdale Shopping Center Vol. 67, Pgs. 423-424, Map Records of Nueces County, Texas f.'Js!•nwnt t:arau�. it,7.-, ;... Fd. 5/8" 1 R. "Point of Commencement" Fd. 5/8" I.R. with red Mastic cop stamped Urban Engr C.C. Tx" 150 100 50 S61'44'56"E 102.02' 10 S61.44'56"E 115 296.49' Gollihar Road 100 200 to AC:COM .ill] FIEUWOTES for Me closure of Iwo Way easements out of Lot 2, Nock AR, Pmkde/e Shopping Center, o mop of wt,kh is avoided in Volume 67. Page 423-4j4, Mop Records of Nueces County. Texas Graphic Scale 1"=100. UREA ENGINEERING CORPUS CHRISTI. TEXAS J Fro, Ab. 145: 2)25 5�"viner S!. tm . &..4L 1x iNf04 EXHIBIT C DATE: Nov. 16, 2010 SCALE: 11.= 100' JOB NO.: 19618.80.05 SHEET: 1 of 2 DRAWN BY: XG FMK (361)154-3rot f . Om) esr-seat 0 2010 by Urban Engineering P R'K.ii7i4L.E `HM 'FtN'O aureg 0 215_ 4 Feet Proposed Easement Closure PARKDALE SHOPPING CENTER BLOCK AR LOT 2 Easement Closure Date:12/15/2010 Fl1e: E.WW1111e}lltlllty Eesemenl Closure Map Templale.mxd Prepared By: SRR City of Carpus Ghrlsll Development Services -GIB -55- EXHIBIT C State of Texas County of Nueces November 16, 2010 Job No. 19618.B0.05 Fieldnotes for the closure of a utility easement out of Lot 2, Block AR, Parkdale Shopping Center, a map of which is recorded in Volume 67, Pages 423 -424, Map Records of Nueces County, Texas; said utility easement closure being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the northeast boundary of Gollihar Road, a public roadway, for the south corner of Lot I, said Block AR, and for a corner of said Lot 2; Thence, South 61 °44'56" East, along said northeast boundary of Gollihar Road, a distance of 102.02 feet; Thence, North 28° 15'04" East, a distance of I5.00 feet to a point on the north boundary of an existing 15.00 foot wide utility easement as shown on the recorded plat of said Parkdale Shopping Center for the Point of Beginning; Thence, North 25 °06'09" East, a distance of 258.17 feet for a corner of this easement closure; Thence, North 29 °59'43" West; a distance of 7.82 feet for a corner of this easement closure; Thence, North 60°00'17" East, a distance of 22.33 feet for a corner of this easement closure; Thence, South 29 °59'4I" East, a distance 01'30.00 feet for a corner of this easement closure; Thence, South 60 °00' 17" West, a distance of 19.16 feet for a comer of this easement closure; Thence, South 25 °06' 12" West, a distance of 70,33 feet for a comer of this easement closure; Thence, North 60°00'10" East, a distance of 76.84 feet for a comer of this easement closure; Thence, South 29 °59'50" East, a distance of 10.00 feet for a corner of this easement closure; Thence, South 60°00'10" West, a distance of 91.18 feet for a corner of this easement closure; Thence, South 25 °06' 12" West, a distance of 161.37 feet to a point on the north boundary of the aforementioned existing 15.00 foot wide utility easement, for the southernmost comer of this easement closure; Thence, North 61 °44'56" West, along the north boundary of said existing 15.00 foot wide utility easement, a distance of 20.03 feet to the Point of Beginning and containing 6548.51 square feet of land. Bearings based on the recorded plat of Parkdale Shopping Center, Block AR, Lots 1 through 12, a map of which is recorded in Volume 67, Pages 423 -424, Map Records ofNueces County, Texas. Unless this field notes description, including preamble, seal and si ature, appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy. Il Urbanfs011datalSurveying1196181B0051fneasementclosure6548 .5I sf doc (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Fir n6# 145 Urban Engineering LAA , A I n J. Sa'zar, R.P.L. . License No. 4909 Page 1 of 1 FAX (361)854 -6001 EXHIBIT C November 16, 2010' Job No. 19618.130.05 State of Texas County ofNueces Fieldnotes for the closure of a utility easement out of Lot 2, Block AR, Parkdale Shopping Center, a map ofwhich is recorded in Volume 67, Pages 423 -424, Map Records ofNueces County, Texas; said utility easement closure being more fully described by metes and bounds as follows: Commencing at a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the northeast boundary ofGolll7iar Road, a public roadway, for the south corner of Lot 1, said Block AR, and for a corner of said Lot 2; Thence, South 61 °44'56" East, along said northeast boundary of Gollihar Road, a distance of 296.49 feet; Thence, North 28°15'04" East, a distance of 15.00 feet to a point on the north boundary of an existing I5.00 foot wide utility easement as shown on the recorded plat of said Parkdale Shopping Center for the Point of Beginning; Thence, North 28°15'04" East, a distance of 49.85 feet for the northernmost comer of this easement Thence, South 29 °59'43" West, a distance of 11.76 feet for the easternmost corner of this easement Thence, South 28° 15'04" West, a distance of 43.66 feet for the southernmost corner of this easement Thence, North 61°44'56" West, along the north boundary of said existing 15.00 foot wide utility easement, a distance of 10.00 feet to the Point of Beginning and containing 467.53 square feet of land. Bearings based on the recorded plat of Parkdale Shopping Center, Bock AR, Lots 1 through 12, a map ofwhich is recorded in Volume 67, Pages 423 -424, Map Records ofNueces County, Texas. Unless this field notes description, including preamble, seal and signature, appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy. closure; closure; closure; 5151mtaIyepurveyingkI96 1S\BOO5 1tne es f s ( R5b d4cCORPUS CHRISTI, TEXAS 78404 www,urbaneng.com TBPE Firm #145 —57— Urban Engineering J. Sa ' : r, R.P. License No. 4909 Page 1 i€Ax (361 )854 -6001 EXHIBIT C • •I Lot 11 L 0 0 lock AR Parkdale Shopping Center Vol. 67, Pgs. 423-424, Map Records of Nueces County, Texas z Utility Easement — [% \1 L Cn �•° 0 to C•Ea) Q d,un c0 CD *1- Lot 1 —2O'Y.IR Fd. 5/8" I.R. f20'Y.R. 'Point of Commencement Fd. 5/8" I.R. with red Plastic cap stamped Urban Engr C.C. Tx" t0 15 V. E. Cb L1 561'44'56"E 102.02' LINE BEARING DISTANCE L1 N28'15'04"E 15.00' L2 N29 -59'43"W 7.82' L3 N60'00'17"E 22.33' L4 S29'59'41 "E 30.00' L5 S60'00'17"W 19.16' L6 525'06'12"W 70.33' L7 N60'00'10'1 76.84' L8 529'59'50"E 10.00' L9 S60'00'10"W 91.18' L10 N61'44'56"W 20.03' L11 N28'15'04"E 15.00' L12 N28'15'04"E 49.85' L13 529'59'43"E 11.76' L14 528'15'04"W 43.66' L15 N61'44'56"W 10.00' N Lot 2, Block AR Parkdale Shopping Center Vol. 67, Pgs. 423-424, Map Records of Nueces County, Texas Easement Closure 467.53sf L10 L11 S61'44'56"E 296.49' L15 Gollihar Road 150 100 50 0 100 200 Graphic Scale 1 =100 Map to Accompany FIELQNOIES for the closure of two utility easements out of Lot 2, Block AR, Porkdole .hopping Center, o mapof which is recorded in Volume 57, Page 423-424, Map Records of Nueces County, Texas. UREA 15 'U. F: EXHIBIT C it DATE: No. 16, 2010 ENGINEERING SCALE: 1”=100' JOB NO.: 19618.80.05 CORPUS CHRISTI, TEXAS SHEET: 1 of 2 firm No. 145: 2725 Swanlner St, corpus Christi, rx 78404 DRAWN BY: XG PHONE' (361) 854-3101 FAX (35.9 $54-50191 0 2010 by Urban Engineering 7 NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM 9 Postponed on May 10, 2011 AGENDA MEMORANDUM May 10, 2011 AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: May 10, 2011) Case No. 0111 -01: Staples Development, LLC.: A change of zoning from the "R -1B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use from a low- density residential use to a medium - density residential use. The property to be rezoned is 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. Staffs Recommendation (January 19, 2011): Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R-1B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property, the "A -1" Apartment House District for Tract 6 of the subject property and the "R -1 C" One- family Dwelling District for Tract C (Exhibit B)_ Planning Commission's Recommendation (January 19, 2011): Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R-1B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property and the "A -1" Apartment House District for Tract B of the subject property (Exhibit C). REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation. Juan Perales, ., P.E. Assistant City anager Departments of Engineering and Development Services Email: johnnyp ©cctexas.com Phone: 361-826-3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinances H:1PLN- DIRISHAREDI1. PLANNING ODMMISSION12G11 COIMAY 2011\13111-01 STAPLES DEVELOPMENT, LLCL0111 -01 AGENDA MEMO.DOC CITY COUNCIL ZONING REPORT Case No.: 0111 -01 Tabled from: January 5, 2011 Plannin _ Commission Hearin Date: Janu. 19, 2011 Applicant: Staples Development LLC. Owner: Staples Development LLC. Representative: Wayne Lundquist, Cobb Lundquist & Atnip Legal Description/Location: 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. From: "R -IB" One - Family Dwelling District To: "A -1" Apartment House District Area: 15.125 acres Purpose of Request: The applicant is requesting a change in zoning from the "R -1B" One - Family Dwelling District to an "A -1" Apartment House District, for the construction of a garden -style gated apartment community. Zoning Request and is planned for low - density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Map which designates the site for low- density residential uses. A modification to the plan as multi- family use could be supported as an extension to the multi- family use districts located' to the west and south of the subject property. Map No. 044033 Zoning Violations: None Staf'f's Summary: • Request: The applicant is requesting a change of zoning on 15.125 acres from the "R -1B" One - Family Dwelling District to an "A -1" Apartment House District for the construction of a landscaped garden -style multi -unit apartment complex. The "R -1B" District allows single - family residential, churches, parish halls, public and non- profit private schools, home occupations, public parks, playgrounds, golf courses, and child care homes. It does not permit multifamily residential uses. The "A -1" District provides for medium- density, multiple- family residences and is usable for construction of garden -type apartments in appropriate locations. • Background: Several large tracts of property immediately west and south of the site have recently been re -zoned from "R -1B" One Family Dwelling District to "A -1" Apartment House District. -70- Zoning Existing Land Use Future Land Use Site "R -1B" One Family Dwelling District Vacant Low - density Residential North "R -I$" One - Family Dwelling District Low - density Residential Low - density Residential East "R -1B" One - Family Dwelling District Low - density Residential Low - density Residential South "A -1" Apartment House District Medium - density Residential (under construction) Medium - density Residential West "A-1" Apartment House District Vacant Low- density Residential Area Develnnlnent PInn Thic tract of land is lnratPll in the . \1iithc4r1P Area r1PVPinnvn.,-s1- bin., and is planned for low - density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Map which designates the site for low- density residential uses. A modification to the plan as multi- family use could be supported as an extension to the multi- family use districts located' to the west and south of the subject property. Map No. 044033 Zoning Violations: None Staf'f's Summary: • Request: The applicant is requesting a change of zoning on 15.125 acres from the "R -1B" One - Family Dwelling District to an "A -1" Apartment House District for the construction of a landscaped garden -style multi -unit apartment complex. The "R -1B" District allows single - family residential, churches, parish halls, public and non- profit private schools, home occupations, public parks, playgrounds, golf courses, and child care homes. It does not permit multifamily residential uses. The "A -1" District provides for medium- density, multiple- family residences and is usable for construction of garden -type apartments in appropriate locations. • Background: Several large tracts of property immediately west and south of the site have recently been re -zoned from "R -1B" One Family Dwelling District to "A -1" Apartment House District. -70- City Council Zoning Report . Case No 0111 -01 Staples Development, LLC. Page 2 Prior to this most of the properties immediately adjacent to South Staples Street, between Saratoga Boulevard and Yorktown Boulevard have been rezoned to "B -1" and `B -4" Districts. With South Staples Street, Saratoga Boulevard, and Yorktown Boulevard all arterials and serving as major traffic carriers within the south side area, commercial development has historically located and will continue to develop, along these right -of -ways. Continued commercial in -fill development such as this is clearly illustrated in the Southside Area Development Plan. • Transportation and Circulation: The subject property will have direct access on to Timbergate Drive to the south and Patti Drive to the north. Both streets are identified as Cl collectors with 60 foot right -of -way width consisting of 2 -lanes of travel. C1 Collectors provide access to other collectors and arterials but are primarily intended to provide internal neighborhood circulation and property access. This street type may serve low density housing to medium density multi - family housing, elementary schools, churches, or other uses with similar traffic generating characteristics. Timbergate Drive has been improved from Spanish Wood Drive west to S. Staples Street. Since the developer along the south side of Timbergate Drive improved Timbergate Drive, the developer of the subject property will be required to pay a pro -rata fee for the road improvements. The pro -rata fee will be calculated and assessed during the platting process. Traffic Counts: Street R.O.W. Street UTP Type Existing and Paved Section Volume (2005) Timbergate Drive CI Collector (60'12 lanes) 60' R.O.W. w/40' Bk to Bk pavement (2- lanes) (Under construction) NA Patti Drive Cl Collector (60'/2 lanes) 60' R.O.W. w/40' Bk to Bk pavement (2- lanes) NA • Relationship to Smart Growth: Although the proposed rezoning is not consistent with future comprehensive land use plan it will however utilize existing and adequate modes of transportation without negative impact to the overall vitality of the neighborhood and provide an important addition to the multi- family needs of the continually growing and expanding Southside area and surrounding community. • Comprehensive Plan & Southside Area Development Plan Consistency: The Southside Area Development Plan and Future Land Use Map identify this area as a mixed land use between low - density and medium- density residential. At this specific location a zoning change from "R -1B" to "A -1" is not consistent with both comprehensive plans and Urban Transportation Plan for the City of Corpus Christi. The Comprehensive plan recommends that all areas of development have proper infrastructure and surface drainage. At this site public infrastructure must be extended and connected to existing surrounding facilities. A Storm Water Management Plan must also be submitted with the building construction plans to illustrate the effects of any increase in storm water run -off for all existing and proposed impervious surfaces. These plans will be reviewed and must be approved prior to construction. Plat Status: • Subject property is not platted. City Council Zoning Report Case No 0111 -01 Staples Development, LLC. Page 3 Staff Analysis: • Although the requested "A -1" Apartment House District is not consistent with the adopted Southside Area Development PIan or Future Land Use Plan, both of which identify the area as consisting of low - density residential development, properties immediately west and south of the site have recently been re -zoned to "A -1" Apartment House District. The "A -1" Apartment House District would provide a transitional density and use between the commercial uses to the west end along South Staples Street and the existing single family residential uses to the north and east. Much of the necessary infrastructure exists to serve the higher density uses proposed and currently under construction however some additional services will need to be extended and Iooped. The right -of -way extensions of Timbergate Drive and Spanish Wood Drive presently under construction in association with an assisted living apartment facility will assist in the overall circulation of the neighborhood and additional traffic generated by a multi- family development. Patti Drive will also aid in circulation by adequately accommodating any additional traffic. • On January 5th, 2011, Planning Commission was presented with the above request and heard testimony from several property owners living in the surrounding neighborhood who spoke out in opposition to the "A -1" request. After additional discussion with city staff and the applicant Planning Commission decided to table the request until the following meeting on January 19th, 2011 and requested that the applicant and city staff sit down and discuss a possible modification to the request which would reduce the impact to privately owned single- family properties adjacent to the subject property. • After meeting with staff, the applicant has agreed to consider alternative zoning classifications as a concessionary measure to minimize the impact of a higher density use where adjacent to single- family properties. The applicant is proposing an "R -2" Multiple Dwelling District buffer identified as "Tract A" running the full length of the north and east boundary lines where adjacent to "R -1B" zoned properties. (See Exhibit A). The remaining portion of the parcel or "Tract B ", the applicant requests an "A -1" Apartment House District as requested in the original application. • Development Services staff is not in agreement that the "R -2" District will afford the privacy to the adjacent single family residences therefore staff is recommending a different combination of zoning consisting of the "A -1 ", "R -2 ", and R -1C" districts in effort to achieve the less intense land use buffer that would provide some privacy to the neighborhood. The three district combination would consist of the following: "Tract B" an "A -1" Apartment House District, "Tract A" an "R -2" Multiple Dwelling District 120 feet deep buffer strip north of "Tract B" between the "R -1B" subdivision "The Park at Dunbarton Oaks" and a third "Tract C" buffer strip "R -1C" One - Family Dwelling District north and east of "Tract B "between the "Village at Dunbarton Oak" north and "The Boardwalk" to the east. This three district combination is clearly illustrated in "Exhibit B ". Staff Recommendation: Denial of the applicant's request, and in lieu thereof, approval of a change in zoning from the "R -1B" One - family Dwelling District to the "R -2" Multiple Dwelling District for Tract A of the subject property, the "A -1" Apartment House District for Tract B of the subject property and the "R -1C" One - family Dwelling District for Tract C (Exhibit B). H:IPLN- DIRISHAREDI1, Planning Commission12011 CCIMay 201110111 -01 Staples Development, LLCICC Zoning Report 0111 -01 Modified Staples Dev. LLC. (R- 1B- A- 1).doc —72— City Council Zoning Report Case No 0111-0 Staples Development, LLC. Page 4 Plannin Commission Recommendation anuar 19 2911 : Denial of the applicant's request, and in lieu thereof, Dwelling District t for Tract A of the subject property One - family Dwelling District to the R -2 Multiple and the "A -1" Apartment House District for Tract B of the subject property (Exhibit C). After the January 19, Planning Commission meeting, the applicant had a series of discussions with surrounding property owners. It was decided to further reduce and minimize the impact of a higher density land use where adjacent to single- family properties. The "R -1C" "Tract A" proposal will serve as a one-family dwelling district or residential buffer se strip t (Exhibit D). The Planning properties from the has higher density land use of the "A -1" apartment not reviewed the latest compromise and thus no recommendation from the Planning Commission. Staff' has no objection to the latest compromise. Number of Notices Mailed: 49 within 200 foot notification area; 1 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 33 (inside notification area); 0 (outside notification area) For 21,93% in opposition as of April 28, 2011 Attachments: 1. Site- Subject Property 2. Site Existing Zoning, Notice Area, & Ownership 3. Site- Existing Land Use 4. Site - Future Land Use 5. "Exhibit A" Applicant's Original Request 6. "Exhibit B" Staff's Recommendation 7. "Exhibit C" Planning Commission's Recommendation 8. "Exhibit D" Applicant's Agreement with Property Owners H:1PLN- DIRISHAREDI1, Planning Commission12011 CC\May 2011\0111 -01 Staples Development, LLCICC Zoning Report 0111 -01 Modified Staples Dev. LLC. (R- 113- A- 1).doc --7 3- ix TY Ix kvt.D.R.61). or pL ow -TA .4. 6 iN • GA a_eb .41 SIXTY SIX HU PL E$ L A ZA VNIT 1 CASE: 0111-01 1. SUBJECT PROPERTY Subject Property SUBJECT PROPERTY !XTY IX 1vNO1?ED S ST: PL .� LAZA UNIT 1 CASE: 0111 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District 1 -1 Limited Industrial District A-1A Apartment House District 1-2 Light Industrial District A-2 Apartment House District t -3 Heavy tndustrlai District A8 Professional Dfice District P11D Planned Unit Development AT Apartment - Tourist District R-1A One Family Dwelling District B-1 Neighborhood Busirtess District R -1B One Family Dwelling District B-IA Neighborhood Business District R -1C One Family Dwelling District B-2 Bayfront Business District R -2 Multiple Dwelling District B-2A Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Resldentiel Estate District B-4 General Business Dlstdst R -TH Townhouse Dwelling District B-5 Primary Business Detrict SP Special Permit B-8 Pdmary Business Core District T -1A Travel Trailer Park District BD Corpus Christi Beach Design Dist- TAB Manufactured Home Park District F -R Farm Rural District T -1C Manufactured Home Subsvision HC Historical - Cultural Landmark District Preservation Ezi SubjectProperty O Owners with 200' buffer in favor 4 Owners within 200' fisted an Owners — attached ownership table Pa in apposition SUBJECT PROPERTY rr-M -7444 ILO CATION MAP -75-- OM VAC B VAC p4 VAC LDR LDR Fr LDR LDR A -1 LDR LDR LDR AG A -1 AG 1G Deparrme m LDR MDR HDR PD COM CASE: 0111 -01 3. SITE- EXISTING LAND USE Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial D HI PSP DC CP Map Scale: 1:2,400 Light Industrial Heavy Industrial Public Semi - Public Park Drainage Corridor Conservation /Preservation Water SUBJECT PROPERTY PM-2444 LOCATION MAP -76- m m m CASE: 0111 -01 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. MD Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial °ate Fria ES PO Transportation Plan Existing Proposed 4r Expressways Ennui Arterials - - -., --- Collectors - - - -. OM Parkway 000 1+1-1-1- Railroad -14-141 m EN El El DC DP 0 m Tourist Research/Business Park Light industrial Heavy Industrial Public Semi- Public Park Drainage Corridor Dredge Placement Water Conservation /Preservation Map Scale: 1:2,400 M-2444 LOCATION MAPr'�: itii City of Corpus Christi -77- �1XTY :,:rx r _MOP ED $ $T; Pi_ -Pr Si P /E ' B 1 HUNDR FABLES 4jGACER T Tel LE ZA UNrr f 3•. � .HE PARK ,PARK AT AUNBARTQN' o$ (h It! R ef% B -4 R -2y ���`2 �` e a SrXTY $rX HU F;a .,D S STA ' -�[ _ ' \� � • ,, AuHrrr t,.L9to -.4j PUN -AR 7 26 , 7 i2' •� i3 S� ff 4 4 ' 7 4f4r2:423 :g ON : 0 a4K LAZA 0111 -01 EXHIBIT A APPLICANT'S REQUEST FROM: R -1 B TO: A -1 SUBJECT PROPERTY ORDINANCE NO. SUBJECT PROPERTY CASE: 0111 -01 EXHIBIT B STAFF'S RECOMMENDATION FROM: R -1 B TO: R -2, A -1 & R -1 C SUBJECT PROPERTY ORDINANCE NO. CASE: 0111 -01 EXHIBIT C PLANNING COMMISSION'S RECOMMENDATION FROM: R -1 B TO: A -1 & R -2 CASE: 0111 -01 EXHIBIT D APPLICANT'S AGREEMENT WITH PROPERTY OWNERS MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall January 19, 2011 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived at 5:40 p.m.* James Skrobarczyk Johnny R. Martinez *Arrived at 5:35 p.m.* Evon J. Kelly John C. Tamez Govind Nadkarni *Absent* Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services *Arrived at 5:36 p.m.* Faryce Goode Macon, Assistant Director, Development Services *Absent* Miguel S. Saldana, AICP, Senior City Planner Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney *Arrived at 6:00 p.m.* Ashley Satterfield, Recording Secretary John Bell, Legal Consultant *Arrived at 5:50 p.m* Elena Juarez Buentello, Planning Technician *Arrived at 6:06 p.m.* Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:34 p.m. and a quorum was declared. B. ZONING Mr. Vardeman presented Continued Zoning item "a ", Case No. 0111 -01 Staples Development, LLC. b. Case No. 0111 -01 Staples Development, LLC: A change of zoning from the "R -1B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use from a low - density residential use to a medium - density residential use. The property to be rezoned is 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street. Commissioner Tamez inquired if the extension of Patti Drive would alleviate some of the traffic issues and Mr. Vardeman responded traffic study counts had not been done for Patti Drive. A discussion was held on the various zoning districts in the recommendations. The public hearing was opened. Lawrence Balderas, 5809 Commonwealth, came forward in opposition. Mr. Balderas requested a clarification of the recommended zoning districts. James Fritz, 6001 Baltic Court, came forward in opposition. -82_ Planning Commission Minutes January 19, 2011 Page 2 Doug Bircher, 5910 Bishops Mill Drive, came forward in opposition. Mr. Bircher had issues with the traffic. Brenda Clemmin, 5909 Bishops Mill Drive, came forward in opposition. Phil Smith, 5902 Bishops Mill Drive, came forward in opposition. Wayne Lundquist, the representative, came forward and discussed the alternative districts. A discussion was held on the issues brought up with the property. Mr. Fritz, Mr. Bircher, and Ms. Clemmin returned to the podium to express opposition to proposed alternatives. Brad Bjork, 5909 Bishops Mill Drive, came forward in opposition to proposed alternatives. Commissioner Tamez inquired if the "R -1C" One - family Dwelling District had been discussed with the applicant as an alternative option and Mr. Vardeman stated the applicant had been given the option but did not agree with the alternative. The public hearing was closed. Motion to approve the applicant's alternative request for the "R -2 "Multiple Dwelling District for Tract A and the "A -1" Apartment House District for Tract 2 was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed with Vice - Chairman Huerta in opposition and Commissioner Nadkarni absent. Staffs recommendation ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "R -2" MULTIPLE DWELLING DISTRICT FOR TRACT A, THE "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, AND THE "R -1C" ONE - FAMILY DWELLING DISTRICT FOR TRACT C, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW- DENSITY RESIDENTIAL USE TO A HIGH - DENSITY RESIDENTIAL USE FOR TRACT A, A MEDIUM - DENSITY RESIDENTIAL USE FOR TRACT B, AND NO CHANGE OF FUTURE LAND USE FOR TRACT C; 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 Staples Development, LLC., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 1 B" One family Dwelling District to the "R -2" Multiple Dwelling District for Tract A, the "A -1" Apartment House District for Tract B and the "R -1 C" One - family Dwelling District for Tract C, resulting in a change of future land use from a low- density residential use to a high - density residential use for Tract A, a medium - density residential use for Tract B, H:I LEG- DIRISharedlLEGAL- DEV.SVCS12011 Agenda\5- 10- 111Staples Development, LLC104.25.11.0411 -01 Ordinance (STAFF Req}_1DWSFinal.doc —84— Page2of3 and no change of future land use for Tract C. (Zoning Map 043,046) (Exhibit A — "Staff's Recommendation "). SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This o�6 day of April, 2011. eborah Walther Brow Assistant City Attorney For City Attorney H:1LEG- DIR1Shared \LEGAL- DEV.SVCS12011 Agenda15- 10- 11\Staples Development, LLC104.25.11.0411 -01 Ordinance (STAFF Req)_1 DWBFinal.doc —8 5- Page 3 of 3 - Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIRIShared1LEGAL- DEV.SVCS12011 Agenda15- 10- 111Staples Development, LLC104.25.11 .0411 -01 Ordinance (STAFF Req }_1 DWBFinal.doc —8 6— STAFF'S RECOMMENDATION FROM: R -1 B TO: R -2, A-1 & R -1 C Planning Commission's recommendation ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND. 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R -1B" ONE- FAMILY DWELLING DISTRICT TO THE "R -2" MULTIPLE DWELLING DISTRICT FOR TRACT A AND "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A HIGH- DENSITY RESIDENTIAL USE FOR TRACT A AND A MEDIUM - DENSITY RESIDENTIAL USE FOR TRACT B; 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 Staples Development, LLC., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 1 B" One family Dwelling District to the "R -2" Multiple Dwelling District for Tract A and the "A -1" Apartment House District for Tract B, resulting in a change of future land use from a low - density residential use to a high - density residential use for Tract A and a medium - density residential use for Tract B (Zoning Map 043,046) (Exhibit A — "Planning Commission's Recommendation "). H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda15 -10 -11 \Staples Development, LLC\04.25.11. 0411 -01 Ordinance (PC Req).DWBFinal.doc —88— Page2of3 SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED AS TO FORM: This ot(a l—day of GDC. f , 2011 eborah Walther Brow Assistant City Attorney For City Attorney H:ILEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda15- 10- 11\Staples Development, LLC104.25.11.0411 -01 Ordinance (PC Req).DWBFinal.doc —89— Page3of3 Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler - Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H: 1LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda15- 10- 111Staples Development, LLC104.25.11. 0411 -01 Ordinance (PC Req).DWBFinal.doc — 9 0 _ CASE: 0111 -01 EXHIBIT A PLANNING COMMISSION'S RECOMMENDATION FROM: R -1 B TO: A-1 & R -2 Applicant's Request Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "A -1" APARTMENT HOUSE DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A MEDIUM - DENSITY RESIDENTIAL USE; 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 Staples Development, LLC., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the •public, public hearings were held on Wednesday, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 18" One- family Dwelling District to the "A -1" Apartment House District, resulting in a change of future land use from a low- density residential use to a medium - density residential use (Zoning Map 043,046) (Exhibit A — "Applicant's Request "). 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. H:I LEG -DIR \Shared \LEGAL- DEV.SVCS12011 Agenda15- 10- 111Staples Development, LLC104.25.11. 0411 -01 Ordinance (APP Req).DWBI=inal.doc — 92— Page 2 of 3 SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This .241' ay of eborah Walther Brow Assistant City Attorney For City Attorney 1:111G- D1RIShared \LEGAL- DEV.SVCS12011 Agenda15 -10 -11 \Steer Development, LLC104.25.11. 0411 -01 Ordinance (APP Req).DWBFinal.doc Page 3 of 3 Corpus Christi, Texas day of ,2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda15- 10- 111StapIes Development, LLC104.25.11. 0411 -01 Ordinance (APP Req).DWBFInal.doc Applicant's Alternate Request ORDINANCE Page 1 of 3 AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15A25 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "R -1C" ONE - FAMILY DWELLING DISTRICT FOR TRACT A AND THE "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, RESULTING IN NO CHANGE OF FUTURE LAND USE FOR TRACT A AND A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A MEDIUM - DENSITY RESIDENTIAL USE FOR TRACT B; 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 Staples Development, LLC., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- IB" One - family Dwelling District to the "R -1C" One - family Dwelling District for Tract A and the "A -1" Apartment House District for Tract B, resulting in no change in future land use for Tract A and a change of future land use from a low- density residential use to a medium - density residential use for Tract B (Zoning Map 043,046) (Exhibit A — "Applicant's Revised Request "). H:1 LEG- DIRISharedlLEGAL- DEV.SVCS12011 Agenda15- 10- 111Staples Development, LLC104.26.11,0411 -01 ordinance (APP Revised Req) 1 DWBFinal.doc —9 5— Page 2of3 SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This otfi tf—day of % , 2011 eborah Waltheifown Assistant City Attorney For City Attorney H :ILEG- DIR1Shared \Li :GAL- DEV.SVCS12011 Agenda15- 10- 111Staples Development, LLC104.26.11.0411 -01 ordinance (APP Revised Req)_1 DWBFinal.doc — 96— Page 3 of 3 ' Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIRIShared1LEGAL- DEV.SVCS12011 Agenda15- 10- 11 \Stapl s Development, LLC104.26.11.0411 -01 Ordinance (APP Revised Req)_1DWBFinaldoc CASE: 0111 -01 EXHIBIT A APPLICANT'S AGREEMENT WITH PROPERTY OWNERS -98- Page 1 of 3 ' ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY STAPLES DEVELOPMENT, LLC., BY CHANGING THE ZONING MAP IN REFERENCE TO 15.125 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 11, PORTIONS OF LOTS 13 AND 14, LOCATED ALONG THE NORTH SIDE OF TIMBERGATE DRIVE, APPROXIMATELY 1,400 FEET EAST OF SOUTH STAPLES STREET, FROM THE "R-1B" ONE - FAMILY DWELLING DISTRICT TO THE "R -1C" ONE - FAMILY DWELLING DISTRICT FOR TRACT A AND THE "A -1" APARTMENT HOUSE DISTRICT FOR TRACT B, RESULTING IN NO CHANGE OF FUTURE LAND USE FOR TRACT A AND A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A MEDIUM - DENSITY RESIDENTIAL USE FOR TRACT B; 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 Staples Development, LLC., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 19, 2011, during a meeting of the Planning Commission, and on Tuesday, May 10, 2011, 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, 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 15.125 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate Drive, approximately 1,400 feet east of South Staples Street, from the "R- 1B" One - family Dwelling District to the "R -1C" One - family Dwelling District for Tract A and the "A -1" Apartment House District for Tract B, resulting in no change in future land use for Tract A and a change of future land use from a low- density residential use to a medium- density residential use for Tract B (Zoning Map 043,046) (Exhibit A — "Applicant's Revised Request "). H: 1LEG- DIRIShared1LEGAL- DEV.SVCS12011 Agenda15- 10- 111Staples Development, LLC104.26.11.0411 -01 Ordinance (APP Revised Req)_IDWBFinal.doc —99— Page 2 of 3 SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This 6 day of j/'r% , 2011 eborah Walthefown Assistant City Attorney For City Attorney H:1 LEG- DIR1Sharedlt.EGAL- DEV.SVCS12Q11 Agenda15 -10 -11 \Staples Development, LLC104.26.11.0411 -01 Ordinance (APP Revised Req)_1 DWBFinal.doc —1 0 0— Page 3 of 3 ' Corpus Christi, Texas day of , 2011 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 pt the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:I LEG- D1RIShared \LEGAL- DEV.SVCS12011 Agenda15- 10- 111Staples Development, LLC104.26.11.0411 -01 Ordinance (APP Revised Req)_1 DWBFinal.doc —1 01 "- CASE: 0111 -01 EXHIBIT A APPLICANT'S AGREEMENT WITH PROPERTY OWNERS -102- 10 AGENDA ITEM: PUBLIC HEARING Case No. 0411 -02: AGENDA MEMORANDUM May 17, 2011 — ZONING (City Council Action Date: May 17, 2011) Rudy Sosa: A change of zoning from the "A -2" Apartment House District to the "AB" Professional Office District resulting in a change of future land use from a high- density residential use to a professional office use. The property to be rezoned is Lawnview Annex, Block 4, Lot 15, located at the northeast corner of Marguerite Street and 18th Street, south of Agnes Street. Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "A -2" Apartment House District to the "AB" Professional Office District. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. Juan Perales, Jr.(P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance H:VPLN- DIRISHARED\1, PLANNING COMMISSIOM2011 CCIMAY 2011 10 411.02 RUDY SOSA10411.02 AGENDA MEMO.DOC -105- CITY COUNCIL ZONING REPORT Case No.: 0411 -02 Planning Commission Hearing Date: April 13, 2011 � b 14 5 Applicant: Rudy Sosa Owner: Neighborhood Centers of Corpus Christi, Inc. Representative: Rudy Sosa Legal Description/Location: Lawnview Annex, Block 4, Lot 15, located at the northeast corner of Marguerite Street and 18th Street, south of Agnes Street. tik •� q, N°? From: "A -2" Apartment House District To: "AB" Professional Office District Area: 0.20 Acres Purpose of Request: Allow for the construction of a non -profit day care center. o 11° w .5 m N cs an �s .4 W Street Existing Zoning District Existing Land Use Future Land Use Site "A -2" Apartment House District Vacant _ Low Density Residential & Public /Semi- Public North "I -2" Light Industrial District Public /Semi- Public Low Density Residential & Public /Semi- Public South "A -2" Apartment House District Low Density Residential Low Density Residential East "I -2" Light Industrial District Vacant & Park Low Density Residential & Park West "A -2" Apartment House District Low Density Residential Low Density Residential au o X 0 Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for a Low Density Residential use. The proposed change in zoning to the "AB" Professional Office District is not consistent with the Westside ADP and the adopted Future Land Use Map. Map No.: 046,044 Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the "AB" Professional Office District is to allow for the construction of a non -profit day care center. • Transportation and Circulation: The Subject Property fronts upon two streets: Marguerite Street and 18th Street, both Local Residential Streets. Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2009 Marguerite St. 50' R.O.W., 28' paved No Change Local Residential N/A 18th St. 50' R.O.W., 28' paved No Change Local Residential N/A -106- City Council Zoning Report Case No. 0411 -02 Rudy Sosa Page 2 • Relationship to Smart Growth: The proposed rezoning has several positive implications relating to smart growth. The proposed development will build adjacent to a park and the Dr. Garcia Art Center. The proximity increases the neighborhood and cultural value of the neighborhood, therefore encouraging potential commercial development. The project provides use of existing infrastructure and contributes to walkable communities based on the variety of transportations choices. Furthermore, the project will contribute to the removal of blight and increase the vitality of the neighborhood. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property for Low Density Residential uses. The proposed change in zoning is not consistent with the Westside ADP and the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan recommends in favor of projects that contribute to neighborhoods based on locational needs and the characteristics of the neighborhood. The Comprehensive Plan also encourages expansion of low impact commercial uses within residential areas as long as the neighborhood will benefit from the project. The Westside ADP encourages increasing the cultural value of areas and to place uses that will contribute to the needs of the neighborhood. Plat Status: The subject property is platted. Department Comments: • While the subject property is not consistent with the Future Land Use Map, it would provide a much needed resource. • The new Neighborhood Center would provide a place for children to have a safe recreation and educational environment within the neighborhood. The adjacency to the Garcia Art Center and Public Park will only enhance the overall desirability and vitality of the neighborhood. Planning Commission's and Staff's Recommendation: Approval of the change of zoning from the "A -2" Apartment House District to the "AB" Professional Office District Number of Notices Mailed Total — 49 within 200' notification area; 0 outside notification area Favor -- 0 (inside notification area); 0 (outside notification area) Opposition -- 4 (inside notification area); 0 (outside notification area) For 5.61% As of May 5, 2011 Attachments: 1. Site -- Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H:1PLN- DIR1SHAREDI1. Planning Commission12011 CC1May 2011\0411 -02 Rudy Sosa\CC Zoning Report 0411 -02, Rudy Sosa (A -2 to AB). doc —107— 1 - 3 rimi , 1121114321 2122232 54 3 2 5 4 3 2 11111 1111 UBJECT 14eNEs ST 0PR-9-PERTY LAWN 4- ANNEX tilAiltEffattamegoT: 7 6 8 5 9 10 4 3 11 2 12 1 41(b 3 ■MOAPRAriolikaiR4sTiar 49 20 iR 21 2 +41,F121. 111 2 12724 7 Jit 3 2 1 9 2 3 4 5 6 1 2 -34-N-13 6789 ME . R-IB LAMAR SCHOOL &L. 9 8 7 6 5 4 MARY $T 4 5 6 A-2 1 2 33 4 5 6 Row PLACE CASE: 0411-02 1. SUBJECT PROPERTY Subject Property 2 03/21249ffi Prepared /3yi• SliR 2 DeparTment of Development Se ce CHANNEL SUBJECT PROPERTY RD moRGAN Obi s ,ILOCAT1ON MAL 7 City of Carpus Christi -108- 987654 108- 1314151 9876543 MARY ST.. LAMAR SCHOOL MO R. 0312 rte Prepared 8y SRR Z Department of Development Ser ces CASE: 0411 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -1A A-2 AB AT B-1 B-1A &2 B-2A B-3 B-4 B-5 B-S BD F -R HC Apartment House District Apartment House District Apartment Mouse District Professional Office District Apartment - Tourist District Neighborhood Business District Neighborhood Business District Bayfant Business District Barrier island Business District Business District General Business District Primary Business District Pricnary Business Core District Corpus Christi Beech Design Dist. Farr Rural District Historical- CUltwat Landmark Presarvalon 1.1 Limited Industrial District 1-2 Light Industrial District 1 -3 Heavy Industrial District PUD Planned Unit Development R -1 A One Family Dwelling District R -113 One Family Dwelling District R -1C One Family Dwelling DisMct R -2 Multiple Dwelling District RA One Family Dwelling District RE Residential Estate District R -TH Townhouse Dwelling District SP Special Permit T -1A Travel Trailer Park District TAB Manufactured Home Park District 1-1C Manufactured Herne Subdivision District Subject Property Owners with 200' buffer in favor 4 Owners within 200' fisted on X Owners attached ownership fable in opposition LI LI LII C LI HI HI Li LI LI LI LI Li Li ACOMCOMCOM�OM I1 OMCOM LI LI 1 IJ K VAC LID1� INLI)DI� ILI LI LI LI LI LDR LDR Li Li LI Li LI LI LDR LL1R LDR VAC VAC Li LI LI LI LI LI VAC VAC COM VAC VAC VAC VAC VAC VAC COM COM VAC _ I Di 1 R _DRLDR LDR LDRL]F VAC LDR L R LDR <1 COM COM LDR LDR VAC LDR LDR AC VAC VAC LDR LDR MARY. ST LDR MDR M Qi LDR 03/2120 Prepared BS; Depanmentof Development Slees CASE: 0411 -02 3. SITE- EXISTING LAND USE Estate Residential Low Density Res. Med Density Res. High Density Res, Mobile Home Vacant Professional Office Commercial CNANNA. Light industrial . Heavy Industrial Public Seml- Public Park Drainage Corridor Conservation /Preservation Water SUBJECT PROPERTY [-EOPARC Map Scale: 1:2,400 1 -3. LI 1- 2 COM COM 141 LI LDR 4.0100.r L DR LI ---r MDR MOM MUM C OM L - LDR cO 4 L D L MINN MIME COM .1 -I or AGNt'S- T MARY PSPES rrArAr somit9 NM MI MARY ST MDR Prepared by+ 10:4��•��' Department of Development Se • ses m m ETA CASE: 0411-02 4. SITE- FUTURE LAND USE Agricultural /Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Existing Proposed Expressways numni Arterials - - - - Collectors - Nr Parkway 000 +14-1+ Railroad ÷I+4+ EL/ Efi CID 1 DP 1 W7R CP1 CHANNEL Tourist Research /Business Park Light industrial Heavy industrial Public Semi- Public Parr Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale: 1:2,400 SUBJECT PROPERTY GROAN 14, LOCATION MP,_ mor = tiwrti� City of Corpus Christi MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall April 13, 2011 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk Johnny R. Martinez Evon J. Kelly *Absent* John C. Tamez Govind Nadkarni Mark Adame John Taylor *Arrived at 5:34 p.m.* Si usted quiere dirigirse a la comision y su la junta para ayudarle. STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director, Development Services *Absent* Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney Ashley Satterfield, Recording Secretary ingles es limitado, habrh un interprete de espanol a ingles en I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:33 p.m. and a quorum was declared. B. ZONING 1. New Zoning Mr. Dimas presented Case No. 0411 -01 Rudy Sosa and staff recommended approval. b. Case No. 0411 -02 Rudy Sosa: A change of zoning from "A -2" Apartment House District to "AB" Professional Office District resulting in a change of future land use from a hinh- density residential use to a professional office use. The property to be rezoned is Lawnview Annex, Block 4, Lot 15, located at the northeast corner of Marguerite Street and 18t Street, south of Agnes Street. Commissioner Skrobarczyk inquired about the future land use of the area and Mr. Dimas stated the subject property was located within a transitional area. The public hearing was opened. Jesse Flores, 2019 Marguerite Street, came forward in opposition and stated he was told the building was to be renovated and not torn down. Mr. Flores expressed concern with condition of the currently vacant land, surrounding businesses and taxes. Chairman Garza stated the zoning was to allow for a daycare and in the future, no commercial businesses would be allowed in the "AB" Professional Office District. Commissioner Martinez commented that the proposed zoning district was for professional offices and traffic should not increase drastically. Commissioner Martinez continued this was a better option for the neighborhood Rudy Sosa, Director of Neighborhood Centers of Corpus Christi, Inc., came forward and gave details on the organization. —1 1 2— Planning Commission Minutes April 13, 2011 Page 2 Commissioner Tamez inquired about the maximum number of kids at one daycare facility and Mr. Sosa responded, about thirty (30) kids was the maximum number of kids a daycare center. The public hearing was closed. Motion to approve the applicant's request for a change in zoning from the "A -2" Apartment House District to the "AB" Professional Office District was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Kelly absent. H;1PLN- DIRLSHARED51. PLANNING COMMISSION120 11 CCIMAY 201110411-02 RUDY SOSA10411.02 MINU PEcS.DOC —113— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RUDY SOSA, BY CHANGING THE ZONING MAP IN REFERENCE TO LAWNVIEW ANNEX, BLOCK 4, LOT 15, LOCATED AT THE NORTHEAST CORNER OF MARGUERITE STREET AND 18TH STREET, SOUTH OF AGNES STREET, FROM THE "A -2" APARTMENT HOUSE DISTRICT TO THE "AB" PROFESSIONAL OFFICE DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A HIGH - DENSITY RESIDENTIAL USE TO A PROFESSIONAL OFFICE USE; 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 Rudy Sosa, 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 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 17, 2011, 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, 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 Lawnview Annex, Block 4, Lot 15, located at the northeast corner of Marguerite Street and 18th Street, south of Agnes Street, from the "A -2" Apartment House District to the "AB" Professional Office District, resulting in a change of future land use from a high - density residential use to a professional office use (Zoning Map 046,044) (Exhibit A - "Planning Commission's and Staffs Recommendation "). 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. H :ILEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda15- 17- 11111yr Spsa105.05.11.0411 -02 ordinance (A -2 to AB).DWBFinal.doc Page 2 of 3 SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This 5th day of May, 2011. eborah Walther Br Assistant City Attorn For City Attorney y H:1 LEG- DIR1SharedlLEGAL- DEV.SVCS12011 Agenda15- 17- 111Rfdd tosa105.05.11.0411 -02 Ordinance (A -2 to AB).DWBFinal.doc Page 3 of 3 Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong HMEG- DIMS hared \LEGAL- DEV.SVCS12011 Agenda15- 17- 111Rydf gosa105.05.11.0411 -02 Ordinance (A -2 to AB).DWBFinal.doc MIN - 3 0 F�. 1 OPT NM RIVE W 1 1211109876 4 131 121 21 09 8 7654 MARY $ LAMAR SCHOOL S1` 4 3 2 ■ 3 2 1d 7 9 10 11 12 0 6 5 4 3 2 1 1111X BJECT AGNES sr arum Ai LAwt412,_ sum sum Nrm MINN NW= i Mi iii ��''� MraMMIEM MIMI MMEIMENIFIIN rourimmorm winmorrim 1 2 4131 x,,71 Itir°Vil- =ram MEM MIMI mil E minim Emus MIME WYSE 5432 1 I.. RCME PIA CE 1 117 10 ME MUM N M 0, r r©r 2 woo film 10 ,, r •�7 EPHB CHURCH YRLE 400 CASE: 0411 -02 EXHIBIT A PLANNING COMMISSION'S & STAFF'S REQUEST FROM: A -2 TO: AB ORDINANCE NO. 6 5 4 3 2 1 to tti 1w ■ 03129140 Prepared By- SRR OepartmenrofDovelOpmenr9 •lee CHANNEL pARO j SUBJ E o ECT / PROPERTY GNE wor s (1L.00ATION MAP -117- Apt AIL 4 ORGAN E City of Corpus Christi 11 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: May 17, 2011) Case No. 0411 -03: May 17, 2011 Jose G. Fernandez on behalf of Delia Fernandez: A change of zoning from the "B-4" General Business District to the "1 -2" Light Industrial District resulting in a change of future land use from a commercial use to a light industrial use. The property to be rezoned is Highway Village 2, Block 10, Lot 1, located at the southeast corner of Leopard Street and Robby Drive. Planning Commission's and Staff's Recommendation: Denial of the applicant's request for a change in zoning from the "B-4" General Business District to the "I -2" Light industrial District, and in lieu thereof, approval of the "B -4 /SP" General Business District with a Special Permit and the following eight (8) conditions: 1.) Uses: All uses allowed in the "B -4" General Business District, plus the addition of a distribution warehouse. 2.) Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the "B-4" General Business District. 3.) Screening: Construction of a solid screening along the southern and eastern property lines. 4.) Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5.) Dumpsters: No dumpsters or grease traps shall be stored within twenty (20) feet of the southern property line. 6.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 10:00 P.M. All deliveries must occur within this time frame as well. 7.) Storage: Open storage of vehicles on- premises is prohibited. 8.) Time Limit: Such Special permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. H:,PLN- DIR4SHAREDII. PLANNING COMMISSION12011 CC4MAY 201110411-G3 JOSE G. FERNANDEZ40411.03 AGENDA MEMO.DOC -121- REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. _`-t °d\i" Juan Perales, J ., P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361 - 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance H:\PLN- DlRISHAREDI1. PLANNING COMMISSION52011 CCSMAY 2011\0411-03 JOSE G. FERNANDEZ\0411.03 AGENDA MEMO.DOC -1 2 2- CITY COUNCIL ZONING REPORT Case No.: 0411 -03 Planning Commission Hearing Date: April 13, 2011 Applicant: Jose G. Fernandez g Owner: Delia Fernandez a •� Representative: Jose G. Fernandez o E Legal Description/Location: Highway Village 2, Block 10, Lot 1, located at the southeast A corner of Leopard Street and Robby Drive. 04 Ut •a°' N From: `B-4" General Business District To: "I -2" Light Industrial District Area: 0.60 Acres Purpose of Request: Allow for the construction of a distribution warehouse. N ot Existing Zoning District Existing Land Use Future Land Use Site "B -4" General Business District Commercial Commercial North "B -4" General Business District Commercial Commercial South "A -2" Apartment House District Low Density Residential Low Density Residential East "B-4" General Business District Commercial Commercial West "B -4" General Business District "R -2" Multiple Dwelling District "R -1B" One- family Residential Commercial, Low & Medium Density Residential Commercial, Low & Medium Density Residential Area Development Plan: The subject property is located in the Northwest Area Development Plan (ADP) and is planned for a Commercial use. The proposed change in zoning to the "I -2" Light Industrial District is not consistent with the Northwest ADP and the adopted Future Land Use Map. Map No.: 061,048 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "I -2" Light Industrial District is to allow for the construction of a distribution warehouse. • Transportation and Circulation: The Subject Property fronts upon two streets: Leopard Street designated as an "A2" Secondary Arterial and Robby Drive a Local Residential Street. G a cu 6, II Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2008 Leopard St. 100' R.O.W., 54' paved No Change "A2" Secondary Arterial 7,654 Robby Dr. 50' R.O.W., 28' paved No Change Local Residential N/A • Relationship to Smart Growth: The proposed rezoning serves few positive implications relating to smart growth. The proposed development will only reuse existing infrastructure resources. The only other positive attribute is due to the proximity to multiple transportation choices. —123— City Council Zoning Report Case No. 0411 -03 Jose G. Fernandez Page 2 • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property for Commercial uses. The proposed change in zoning is not consistent with the Northwest ADP and the adopted Future Land Use Map of the Comprehensive Plan, The Comprehensive plan emphasizes the protection of the residential neighborhood from industrial expansion, however if it is to occur then several steps must be taken for the protection of the single - family homes. The Northwest ADP recommends protecting single - family homes from industrial encroachment by use of various methods (i.e. screening, shielded lighting, etc.). Plat Status: The subject property is platted. Department Comments: • The proposed change of zoning is not consistent with the Future Land Use. The warehouse will be used for the baking and distribution of tortillas. • The single - family homes must be protected from the industrial encroachment by using various mitigation methods, such as screening, Landscaping, and shielded lighting. Planning Commission's and Staff's Recommendation: Denial of the change of zoning to the "1 -2" Light Industrial District, in lieu thereof approval of a "B -4 /SP" General Business District with a Special Permit in accordance with the following eight (8) conditions: 1. Uses: All uses allowed in the "B-4" General Business District, plus the addition of a distribution warehouse. 2. Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the `B-4" General Business District. 3. Screening: Construction of a solid screening along southern and eastern property lines. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Dumpsters: No dumpsters or grease traps shall be stored within twenty (20) feet of the southern property line. 6. Hours of Operation: Hours of operation shall be 6:00 A.M. to 10 P.M. All deliveries must occur within this time frame as well. 7. Storage: Open storage of vehicles on- premises is prohibited. 8. Time Limit: Such Special Permit shall be deemed to have expired within twelve (12) months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. —124— City Council Zoning Report Case No. 0411 -03 Jose G. Fernandez Page 3 ad c Ay ig Number of Notices Mailed Total —16 within 200' notification area; 0 outside notification area Favor Opposition For 0% As of May 5, 2011 — 0 (inside notification area); 4 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H:1PLN- DIRISHAREDI1. Planning Commission12011 CC1May 201110411 -03 Jose G. Fernandez\CC Zoning Report 0411 -03, Jose G. Fernandez (B-4 to l- 2).doc -125- .1 13 1 2 12 13-A 11 1.441%144 12-A 13-B MOHWAY 20 19 18 R .1; B 16 PA RK 14 7 8 9 cc LU c:C HA RR/ 14 15 16 17 18 C.) 15 SUBJEgT PROPERTY 1 10 R-IB 9-B R2 4.1 lterKWAY V-1444 #4:•X 10 8.LYNN1CK PLACE 9 A-2 36 113irf-WA7Y 35 7 8 SR- k A fit ME A.1#: J_Es PlOseet? 7 7 CASE: 0411-03 1. SUBJECT PROPERTY reA Subject Property 34 33 32 31 Meet 4 IL,LAOE 37 38 3 2 2-A 4 7 8 Depa VUL.A08 Ft, RA 2 5 F03129/2 11 c Prepared By: S R imern of Di9elopment Ser/Ic s SUBJECT PROPERTY N q10 s E LOCATION MAP comr City of Corpus Christi -126- 3 13 z .1 0 1 11 1 2 12 13-A 20 19 18 12-A 13-B R- 1 B IHWAY V iVI--A-Gf 16 PARK 9 15 7 8 11,4 RRitvo 14 15 (1) 16 w 17 18 S BJEgT PROPERTY 1 10 R-113 9-B 3 8 R-2 -110HWAY VILLA E *4- E X 10 GLYNWICK PLA 9 1 A - 2 kTB " DR 9 7 34 33 32 31 7 4.405 37 38 1- A! 0 3 2 2-A 4 7 Feet 8 9 vistuAG.Ef P4IRK 5 O.V29/2 t 1 Prepared By: S R Depalment of Defrelopment Semis s CASE: 0411-03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District 1-1 Limited Industrial District A-1A Apartment House Disidet 1-2 Light Industrial District A-2 Apartment House District 1-3 Heavy Industrial District AB Professional Office District PUD Planned Unit Development AT Apertment-Tourist District R-1A One Family Dwelling District B-1 Neighborhood Business Lastrict 8-1B One FarnIty Dwelling District B-1A Neighborhood Business District R-1C One FamIty Dwelling Dishict B-2 Bayfront Business District R-2 Multiple Envetting District B-2A Barrier Island Business District RA One Family Dwellirsg District B-3 Business Dishict RE Residential Estate Dishict B-4 General Business District R-TH Townhouse Dwelling District B-5 Primary Business District SP Special Permit B-G Primary Business Care District T-1A Travel Trailer Park District BD Corpus Christi Beach Design Dist. T-1B Manufactured Horne Perk District F-R Farm Rural District 7-1C ManufactUred Home Sulacilvislon HC Htstorical-Culhiral Landmark District Preservation EZI Subject (Properly with 200' bbffer 0 OWI701Z in favor 4 Owners within 200' listed 017 V Owners attached ownership table " in opposition SUBJECT PROPERTY N E LOCATION MAPI City of Corpus Christi —127- 38 127- OM LDR LDR LDR LDR MDR COM CFOp <4,P4 VAC VAC COM LDR VAC COM LDR COM LDR . B LDR LDR LDR PO LDR LDR LDR LDR LDR VAL. LDR Ft LDR LDR LDR LDR COM S1 R LDR LDR LDR LDR 4 JBJECT OPERJTY COM VAC VAC LDR LDR COM Brl COM COM MDR A -2 VAC LDR RI oimeeR 044 VAC LDR LDR LDR LDR LDR MDR LDR LDR LD�p Feet VAC VAC LDR LDR LDR COM Lt. 05 COM LDR PARK LDR COM COM COM VAC MDR VAC COM LDR Depa o3129/2q LROpared 8y: S Zmeirc of Devefepment Servlc • Ory m LDR HDR VAC m COM CASE: 0411-03 3. SITE- EXISTING LAND USE Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial m lHi1 EMI cP Map Scale: 1:2,400 Light Industrial Heavy Industrial Public Semi - Public Park Drainage Corridor Conservation/Preservation SUBJECT Water PROPERTY W {LOCATION MAPI Ro City of Corpus -128- UBJET OPERTY 03/29/22 Prepared By: SF Dopa1tment of Development SeMc PSF 11 tR es m m LDR VAC COM CASE: 0411 -03 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Denslty Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Extsdng Proposed - Expressways ■cart Arterials - --- Collectors - - -- •M Parkway 000 +1 -I-1-1- Railroad -1-1+H- ECM TEN En 1 HE J m LOP Tourist Research/Business Park Light Industrial Heavy Industrial Public Semi-Public Park Drainage Corridor Dredge Placement ® Water JCP1 SUBJECT PROPERTY Conservation /Preservation Map Scale: 1:2,400 LOCATION MAP -1 2 9- City of Corpus Christl MINUTES REGULAR PLANNING COMIVIISSION MEETING Council Chambers - City Hall April 13, 2011 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk Johnny R. Martinez Evora J. Kelly *Absent* John C. Tamez Govind Nadkarni Mark Adame John Taylor *Arrived at 5.34 p.m. * STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director, Development Services *Absent* Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney Ashley Satterfield, Recording Secretary Si usted quiere dirigirse a Ia comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle. I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:33 p.m. and a quorum was declared. B. ZONING 1. New Zoning Mr. Dimas presented Case No. 0411 -03 Jose G. Fernandez and staff recommended denial of the applicant's request for a change of zoning from the "B-4" General Business District to the "I -2" Light Industrial District, and in lieu thereof, approval of the `B -4 /SP" General Business District with a Special Permit and eight (8) conditions. c. Case No. 0411 -03 Jose G. Fernandez: A change of zoning from "8-4" General Business District to "1 -2" Light Industrial District resulting in a change of future land use from a commercial use to a light industrial use. The property to be rezoned is Highway Village 2, Block 10, Lot 1, located at the southeast corner of Leopard Street and Robby Drive. Commissioner Tamez inquired about the surrounding properties and Mr. Dimas answered that no properties were zoned "I -2" Light Industrial District. Commissioner Skrobarczyk stated the neighboring property was zoned `B -4" General Business District. The public hearing was opened with no one coming forward in favor or in opposition. The public hearing was closed. Motion to approve staff's recommendation of the `B -4 /SP" General Business District with a Special Permit and eight (8) conditions, was made by Commissioner Martinez and seconded by Commissioner Nadkarni. Motion passed unanimously with Commissioner Kelly absent. H:\PLN- DITASHARED \1. PLANNING COMMISSION52011 CCIMAY 2011\0411 -03 JOSE O. FERNANDEZ\0411 -03 MINUTES.DOC -130- Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOSE G. FERNANDEZ ON BEHALF OF DELIA FERNANDEZ (OWNER), BY CHANGING THE ZONING MAP IN REFERENCE TO HIGHWAY VILLAGE 2, BLOCK 10, LOT 1, LOCATED AT THE SOUTHEAST CORNER OF LEOPARD STREET AND ROBBY DRIVE, FROM THE "B- 4" GENERAL BUSINESS DISTRICT TO THE "B-4/SP" GENERAL BUSINESS DISTRICT WITH SPECIAL A CHANGE OF FUTURE LAND CONDITIONS, NOT RESULTING USE; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; EMERGENCY. PROVIDING FOR PUBLICATION; AND DECLARING AN WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jose G. Fernandez on behalf of Delia Fernandez (Owner), 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 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 17, 2011, 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 Corpus serve public health, necessity, convenience and the general welfare of 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 Highway Village 2, Block 10, Lot 1, located at the southeast corner of Leopard Street and Robby Drive, from the "B -4" General Business District to the "B-4/SP" General Business District and with Special 0611048) (Exhibit A conditions, not resulting in a change of future use "Planning Commission's and Staffs Recommendation ") SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following eight (8) conditions: 1.) Uses: All uses allowed in the "B-4" General Business District, plus the addition of a distribution warehouse. »: 1LEG- DIRISharedIEGAL- DEV,SVCS12011 Agenda15- 17- 111DeHi1 FFFernandez105.05.11.0411 -03 Ordinance (PCBSTAFF REC, B- 4 to B- 4SP)DWBFinal.doc Page 2 of 4 2.) Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the "B -4" General Business District. 3.) Screening: Construction of a solid screening along southern and eastern property lines. 4.) Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5.) Dumpsters: No dumpsters or grease traps shall be stored within twenty (20) feet of the southern property line. 6.) Hours of Operation: Hours of operation shall be 6:00 A.M. to 10:00 P.M. All deliveries must occur within this time frame as well. 7.) Storage: Open storage of vehicles on- premises is prohibited. 8.) Time Limit: Such Special Permit shall be deemed to have expired within twelve (12) months of 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 H \ LEG -DIR \Shared \LEGAL- DEV.SVCS12011 Agenda\5- 17- 11\Delia Fernandez105.05.11.0411 -03 Ordinance (PC&STAFF REC, B- 4 to B- 4SP)DWBFinal.doc —132— Page 3 of 4 1 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 day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED AS TO FORM: This 5th day of May, 2011 •.' ieborah Walther Bro J7 Assistant City Attorney For City Attorney H:1 LEG -DIR \Shared \LEGAL- DEV.SVCS12011 Agenda15 -17 -11 \Delia Fernandez105.05,11. 0411 -03 Ordinance (PC &STAFF REC, B- 4 to B- 4SP)DWBFinal.doc —133— Page 4 of 4 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christ, 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1 LEG- DIR \SharedlLEGAL- DEV.SVC512011 Agenda15- 17- 111Delia Fernandez105.05.11.0411 -03 Ordinance (PC &STAFF REC, B- 4 to B- 4SP)DWBFinal.doc —134- NAttitiworo 14 15 SUBJECT PROPERTY R -2 4tGHWA't V L L A E 6.EI 10 36 AIi" 35 ILLAEE 34 33 32 31 `Feet VILLAGE P4RIe CASE: 0411 -03 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: B -4 TO: B-4/SP ORDINANCE NO. SUBJECT PROPERTY 'LOCATION MAP —1,50— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOSE G. FERNANDEZ ON BEHALF OF DELIA FERNANDEZ (OWNER), BY CHANGING THE ZONING MAP IN REFERENCE TO HIGHWAY VILLAGE 2, BLOCK 10, LOT 1, LOCATED AT THE SOUTHEAST CORNER OF LEOPARD STREET AND ROBBY DRIVE, FROM THE "B- 4" GENERAL BUSINESS DISTRICT TO THE "I -2" LIGHT INDUSTRIAL DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A COMMERCIAL USE TO A LIGHT INDUSTRIAL USE; 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 Jose G. Fernandez on behalf of Delia Fernandez (Owner), 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 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 17, 2011, 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, 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 Highway Village 2, Block 10, Lot 1, located at the southeast corner of Leopard Street and Robby Drive, from the "B -4" General Business District to the "1 -2" Light Industrial District, resulting in a change of future land use from a commercial use to a Tight industrial use (Zoning Map 061,048) (Exhibit A - "Applicant's Request "). 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:I LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda15- 17- 111Delia Fernandez105.05.11.0411 -03 Ordinance (APP REQ, 8.4 to 1- 3)DWBFinal.doc -1 3 6- 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED AS TO FORM: This 5th day of May, 2011. eborah Walther Brown Assistant City Attorney For City Attorney H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda15- 17- 111Delia Fernandez105.05.11.0411 -03 Ordinance (APP REQ, B-4 to 1- 3)DWBFinal.doc —137— Page 3 of 3 Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong FE: ILEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda15- 17- 11IDelia Fernandez105.05.11.0411 -03 Ordinance (APP REQ, 8-4 to 1- 3)DWBFInal.doc —138— 36 #! teittiNVY lL. I.A. G E 35 CASE: 041 1 -03 EXHIBIT A APPLICANT'S REQUEST FROM: B -4 TO: 1 -2 ORDINANCE NO. -139- 12 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: May 17, 2011) Case No. 0411 -04: May 17, 2011 MBL Derby City Development, LLC. on behalf of Mirabal Development Group, LC (Owner of Bass subdivision, Block 28, Lots A and B), Morteza Shafinury (Owner of Bass Subdivision, Block 28, Lots C and D), and Hazel Kay Frederick Monahan, In her capacity as trustee of the Frederick - Robertson Irrevocable Trust (Owner of Bass Subdivision, Block 29, Lots C, D, and E): A change of zoning from the "R-1B" One - family Dwelling District to the "A -1" Apartment House District resulting in a change of future land use from a low- density residential use to medium - density residential use. The property to be rezoned is Bass Subdivision, Block 28, Lots A, B, C & D and Block 29, Lots C, D & E, located along the north side of Sandra Lane, east of Airline Road. Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change of zoning from the "R-1B" One - family Dwelling District to the "A -1" Apartment House District. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. Juan Perales, J ., P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance H: \PLN- DIRISHARED\i., PLANNING COMMISSION '2011 CCIMAY 201110411 -04 MBL DERBY CITY DEVELOPMENT, LLC10411.04 AGENDA MEMO.D0C —143— CITY COUNCIL ZONING REPORT Case No.: 0411 -04 Planning Commission Hearing Date: Aril 13, 2011 • Applicant: MBL Derby City Development, LLC • Owner: Mirabal Development Group, LC (Owner of Bass subdivision, Block 28, Lots A and .� B), Morteza Shafinury (Owner of Bass Subdivision, Block 28, Lots C and D), and Hazel Kay Frederick Monahan, in her capacity as trustee of the Frederick - Robertson Irrevocable Trust (Owner of Bass Subdivision, Block 29, Lots C, D, and E) = ' Representative: Urban Engineering Legal Description/Location: Bass Subdivision, Block 28, Lots A, B, C & D and Block 29, Lots C, D & E, located alon' the north side of Sandra Lane, east of Airline Road. .5 N From: "R -1B" One - family Dwelling District To: "A -1" Apartment House District Area: 13.50 Acres Purpose of Request: Allow for the construction of a 156 -unit gated apartment community. . ' c N A la a 'o W Street Existing Zoning District Existing Land Use Future Land Use Site "R -1B" One - family Dwelling District Vacant Low Density Residential North "FR/SP" Farm Rural/Special Permit & "R -1B" One - family Dwelling District Public /Semi- Public & Low Density Residential Public /Semi- Public & Low Density Residential South "R -1B" One - family Dwelling District & "B -4" General Business District Vacant & Commercial Commercial East "R- 1B/PUD -2" One- family Residential with the Planned Unit Development 2 Vacant & Medium Density Residential Medium Density Residential West "AB" Professional Office District Vacant & Commercial Commercial Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for a Low Density Residential use. The proposed change in zoning to the "A -1" Apartment House District is not consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 042,033 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "A -1" Apartment House District is to allow for the construction of a 156 -unit gated apartment community. • Transportation and Circulation: The Subject Property fronts upon Sandra Lane which is designated as a Local Residential Street and is in proximity to Airline Road a designated as an "A 1" Minor Arterial. I Street R.O.W. i Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Sandra Ln. 50' R.O.W., 28' paved No Change Local Residential N/A Airline Rd. 95' R.O.W., 64' paved No Change "Al" Minor Arterial 6,160 • Relationship to Smart Growth: —144— City Council Zoning Report Case No. 0411 -04 MBL Derby City Development, LLC. Page 2 The proposed rezoning has many positive attributes relating to smart growth. The proposed development will reuse existing infrastructure resources offer, multiple transportation choices, new housing opportunities, green open spaces for recreation, and walkable communities. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for Low Density Residential uses. The proposed change in zoning is not consistent with the Southside ADP and the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive plan emphasizes providing new housing opportunities to neighborhoods. Such housing opportunities should be mixed among the levels of density according to the Comprehensive Plan. The Southside ADP also encourages new housing opportunities in a mixed density fashion. Plat Status: The subject property is platted. Department Comments: • Sandra Lane is a Local Residential Street. It would require upgrading in order to support the higher traffic flow due to the apartment community and exceed the Iimit of 500 daily trips for a local residential street. • A new street should be placed from Sandra Lane, between Airline Road and Summer Ridge Drive to access Saratoga Boulevard without traversing through the single - family residential neighborhood. • The existing infrastructure under Sandra Lane consists of a 2 -inch Gas Iine, 8 -inch Wastewater Line and a 6 -inch Water Line. The apartment community would place a higher demand upon the existing infrastructure which may require an upgrade from the 6 -inch line to an 8 -inch Water line. There is an existing 10 -inch Wastewater line crosses through the subject property to supply Windsong Unit 7 Subdivision to the north. Planning Commission's and Staff's Recommendation: Approval of the change of zoning from the "R -1B" One - family Dwelling District to the "A -1" Apartment House District. Number of Notices Mailed Total -- 45 within 200' notification area; 3 outside notification area Favor — 1 (inside notification area); 3 (outside notification area) Opposition -- 4 (inside notification area); 0 (outside notification area) For 4.95% As of May 5, 2011 Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H;1PLN- DIRISHAREDI1, Planning Commission12011 CC\May 201110411-04 MBL Derby City Development, LLC\CC Zoning Report 0411 -04, MBL Derby City Development, LLC (R -1B to A- 1).doc —145— CASE: 0411-04 1. SUBJECT PROPERTY S LOCATION MAP 1 —R CASE: 0411 -04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District I-1 Limited indushial District A -1A Apartment House District 1-2 LIgnt Industrial Dlskiot A-2 Apartment Hausa Dislrict 1-3 Heavy Industrial District AB Professional Office District PUD Planned Unit Development AT Apartment-Tourist District R -1A One Family Dwelling District B-1 Neighborhood Business District R -1B One Family Dwelling District B-1A Neighborhood Business District R -1C One Family Dwelling District 5-2 Bayfmnt Business District R -2 Multiple Dwelling District 5-2A Berner Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District B-4 General Business District R -TH Townhouse Dwelling District e -5 Primary Business District SP Special Permit 6-6 Primary Business Core District T -1A Travel Trailer Park District BD Corpus Christi Seedt Design Dist. T -15 Manufactured Home Park District F -R Farm Rural District T -1C Manufactured Home Subdivision HC Historical- Cultural Landmark District Preservation Subject Property Owners with 2C0' buffer in favor A Owners within 200' fisted on v Owners attached ownership table A in opposition ISE -147- VAC SUBJEC PE VAC COM artment o CASE: 0411 -04 3. SITE- EXISTING LAND USE [ Estate Residential LDR Low Density Res. MDR Med Density Res. High Density Res, ® Mobile Home VAC Vacant PG Professional Office Iffg1 Commercial Light Industrial Heavy industrial Public Semi - Public Park Drainage Corridor Conservation/Preservation Water Map Scale: 1:2,400 LOCATION MAP m MDR m CASE: 0411 -04 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Existing PtoposeC Expressways ■uN I Arterials - - - - Collectors - • O • Parkway 000 -i+1-1+ Railroad ' m IHtI GII DC 1 DP 1 OE CP Tourist Research/Business Park Light Industrial Heavy Industrial Public Semi- Public Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale: 1:Z400 Geyo De LLOCATION MAP -149- / City of / C Corpus MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall April 13, 2011 5 :30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk Johnny R. Martinez Evon J. Kelly *Absent* John C. Tamez Govind Nadkarni Mark Adame John Taylor *Arrived at 5 :34 p.m.* STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Faryce Goode - Macon, Assistant Director, Development Services *Absent* Wesley Vardeman, City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attomey Ashley Satterfield, Recording Secretary Si usted quiere dirigirse a Ia comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle. L CALL TO ORDER The meeting was called to order by Chairman Garza at 5:33 p.m. and a quorum was declared. B. ZONING 1. New Zoning Mr. Dimas presented Case No. 0411 -04 MEL Derby City Development, LLC. and staff recommended approval. d. Case No. 0411 -04 MBL Derby City Development, LLC: A change of zoning from "R -1B" One - family Dwelling District to "A -1" Apartment House District resulting in a change of future land use from a low- density residential use to a medium - density residential use. The property to be rezoned is Bass Subdivision, Block 28, Lots A, B, C & D and BIock 29, Lots C, D & E, located along the north side of Sandra Lane, east of Airline Road. Commissioner Tamez commented on the traffic issues and Mr. Dimas responded that Sandra Lane was a narrow, local, residential street with a five hundred trip limit and improvements could be placed on a Capital Improvement Program. Commissioner Skrobarczyk inquired about the location of the detention pond, height of the structures and traffic issues. Mr. Dimas stated the proposed structures were three stories in height and Johnny PeraIes, Assistant City Manager, Engineering and Development Services, stated a study could be conducted to generate the traffic counts. Vice - Chairman Huerta commented on the developments surrounding the subject property and inquired about the number of proposed units. Mr. Dimas responded the number of proposed units was one hundred and fifty -six. The public hearing was opened. —150— Planning Commission Minutes April 13, 2011 Page 2 Robert Wilson, 1609 Windy Creek, came forward in opposition and commented on the conditions surrounding the subject property. Chairman Garza responded that engineering assistance would come after the applicant acquired the proper zoning. Chuck Urban, representative, came forward and presented information on the project. Commissioner Tamez inquired about the speed of the developments and Mr. Urban responded the company does not have any physical developments within the City yet. Commissioner Skrobarczyk commented on the main entrance on Sandra Lane and Mr. Urban replied this was the only entrance and it is five hundred feet from Airline Road. Mr. Wilson inquired about lighting and fencing at the back of the property and Commissioner Skrobarczyk responded that the ditch and and created a two hundred and fifty foot buffer between the development and the residential area. The public hearing was closed. Commissioner Skrobarczyk requested a larger mapped area of the surroundings to the subject property and Mr. Dimas displayed the area via Google Maps. Motion to approve the applicant's request for a change of zoning from the "R -1B" One - family Dwelling District to the "A -1" Apartment House District was made by Commissioner Taylor and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commissioner Kelly absent. H:1PLN•DIRISHAREDII. PLANNING CGNDvDSS1ON12011 CCIMAY 201110411.04 MBL DERBY CITY DEVELOPMENT, LLC00411-04 MINIITES.DDC -151- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MBL DERBY CITY DEVELOPMENT, LLC., AND URBAN ENGINEERING, REPRESENTATIVE, ON BEHALF OF MIRABAL DEVELOPMENT GROUP, LC (OWNER OF BASS SUBDIVISION, BLOCK 28, LOTS A AND B), MORTEZA SHAFINURY (OWNER OF BASS SUBDIVISION, BLOCK 28, LOTS C AND D) AND HAZEL KAY FREDERICK MONAHAN, IN HER CAPACITY AS TRUSTEE OF THE FREDERICK - ROBERTSON IRREVOCABLE TRUST (OWNER OF BASS SUBDIVISION, BLOCK 29, LOTS C, D AND E), BY CHANGING THE ZONING MAP IN REFERENCE TO BASS SUBDIVISION, BLOCK 28, LOTS A, B, C & D AND BLOCK 29, LOTS C, D & E, LOCATED ALONG THE NORTH SIDE OF SANDRA LANE, EAST OF AIRLINE ROAD, FROM THE "R -1B" ONE - FAMILY DWELLING DISTRICT TO THE "A -1" APARTMENT HOUSE DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A LOW - DENSITY RESIDENTIAL USE TO A MEDIUM - DENSITY RESIDENTIAL USE; 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 MBL Derby City Development, LLC. and Urban Engineering, Representative, on behalf of Mirabal Development Group, LC (Owner of Bass Subdivision, Block 28, Lots A and B), Morteza Shafinury, (Owner of Bass Subdivision Block 28, Lots C and D) and Hazel Kay Frederick Monahan, in her capacity as Trustee of the Frederick- Robertson Irrevocable Trust (Owner of Bass Subdivision Block 29, Lots C, D and E), 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 13, 2011, during a meeting of the Planning Commission, and on Tuesday, May 17, 2011, 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, 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 Bass Subdivision, Block 28, Lots A, B, C & D and H:1 LEG- DIR1Shared\LEGAL- DEV.SVCS12011 Agenda15- 17- 111MBL Derby City Development105,05.11.0411 -04 Ordinance (Ri B to A -1)_1 DWBFinal.doc —152 -- Page 2 of 3 Block 29, Lots C, D, & E, located along the north side of Sandra Lane, east of Airline Road, from the "R -1B" One - family Dwelling District to the "A -1" Apartment House District, resulting in a change of future land use from a low- density residential use to a medium - density residential use (Zoning Map 042,033)(Exhibit A - "Recommendation "). SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That ail 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This 5th day of May, 2011. eborah Walther Bro Assistant City Attorney or City Attorney H;ILEG- D1RIShared \LEGAL- DEV.SVCS12011 Agenda15- 17- 111MBL Derby City Development105.05.11.0411 -04 Ordinance (RIB to A -1)_1 DWBFinai.doc —153— Page 3 of 3 Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H: ILEG- DIR \SharedILEGAL- DEV.SVCS12011 Agenda15- 17- 111MBL Derby City Develapment105.05.11.0411 -04 Ordinance (FHB to A -1 }_1 DWBFinaL.doc —154— AAr VIM PsrottArRtc R0$P F- R/S PI8 5 O ? CASE: 0411 -04 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: R -'I B TO:A -1 ORDINANCE NO. y / SUBJECT PROPERTY 1 NIOr E City of Christi -155- 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: May 10, 2011 AGENDA ITEM: Compressed Natural Gas (CNG) Presentation STAFF PRESENTER(S): Name Title /Position Department 1. Deborah A. Marroquin Director Gas 2. 3. OUTSIDE PRESENTER(S): Name TitlelPosition Organization 1. 2. 3. BACKGROUND: REQUIRED COUNCIL ACTION: PowerPoint X Supplemental Information ktiNoLtall Deborah A. Marrogbin, P.E. Director of Gas Operations DebbieM @cctexas.com City of Corpus Christi Compressed Natural Gas (CNG) Overview Gas Department May 17, 2011 Overview •History •Grants •Fleet •Incentive Pricing •Future History •1982 CNG station, 30 Police Vehicles •1985 CNG station, Gas Dept., 25 Vehicles •2000 USPO (United States Post Office) Port Ayers, 20 slow fills and 34 vehicles •2008 City Council approves purchase, 5 vehicles •2009 City Hall Station and Service Center Station installed, 2 Refuse Trucks •2010 Grants •2011 USPO Flour Bluff Station, 24 slow fills, 24 vehicles and Port Ayers added 14 slow fills Grants •SECO (State Energy Conservation Office Grant) –$400,000 awarded –Expansion of SW CNG Station •EECBG (Energy Efficiency and Conservation Block Grant) –$501,365 awarded –Conversion of 26 vehicles Fleet City of Corpus Christi has 33 CNG Vehicles •Eight Honda Civics (dedicated) •One Crown Victoria (dedicated) •One Chevrolet Impala (dedicated) •Eighteen Ford pick-ups (Bi-fuel) •One Panel Van (dedicated) •Two Refuse Trucks (dedicated) •Two Messenger Vans (dedicated) Incentive Price •April 2011-PGA (Purchased Gas Adjustment) $4.78/MCF •Price for CNG in Gallons •CNG Service Retail (<10 vehicles) –Distribution Charge $2.30 –Commodity Charge 4.78 $7.08/MCF •Conversion factor –1 MCF=8.83 Gallons •CNG charge is $0.85/gallon •If prices would sky rocket to $11.86/MCF,CNG=$1.42/Gallon Gas Department Station 1985 City Hall Station Spring 2009 Solid Waste Time Fill October 2009 Solid Waste Station Present Solid Waste Station Fast Fill Future •Service Agreement for Conversions •Regional Transit Authority •Large Volume Users •Additional CNG Stations- Calallen/Annaville and Padre Island CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 5/10/2011 AGENDA ITEM: RECOMMENDATION: Motion approving a service agreement with Natural Gas Vehicles Texas, Inc., Dallas, Texas for the conversion and up- fitting of vehicles from gasoline and diesel fuel to compressed natural gas in accordance with Bid Invitation No. BI- 0202 -10 based on best value for an estimated annual expenditure of $182,944.20 of which $45,736.05 will be expended in FY 2010 -2011. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or designee. Funds are available in the Community Enrichment Grants Fund No. 1071. ISSUE: The City of Corpus Christi has received a grant for the conversion and up- fitting of vehicles from gasoline and diesel fuel to compressed natural gas (CNG). REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Micha' :. rrera Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 BACKGROUND INFORMATION PREVIOUS COUNCIL: The City of Corpus Christi has been allocated over $2.7M in Energy Efficiency and Conservation Block Grant (EECBG) funds from the Department of Energy (DOE). The current grant was accepted by the City Council on October 13, 2009 and July 20, 2010. An Energy Efficiency and Conservation Strategy (EECS) has been prepared that includes nine projects to be supported with EECBG funds. One of the tasks to be completed under this contract includes Project #5, Conversion of Fleet Vehicles to Compressed Natural Gas (CNG). BACKGROUND: In an effort to reduce greenhouse gas emissions, create jobs, promote local resources, and reduce dependency on foreign fuel sources, the City of Corpus Christi is committed to expanding municipal and city- wide use of compressed natural gas (CNG) as an alternative to unleaded gasoline and diesel. According to the US EPA, the advantages of CNG vehicles include the following: • Nearly 87% of U.S. natural gas used is domestically produced (much of it in the Gulf region) • 60 -90% less smog - producing pollutants • 30 -40% Tess greenhouse gas emissions In deciding which vehicles to convert, priority was given to upgrading new vehicles already scheduled for purchase over the term of the grant, as these vehicles will have the longest period over which benefits will be returned. Of vehicles already budgeted for purchase, only those expected to be driven a minimum of 12,000 miles per year and/or 200,000 miles over their lifetime were selected for upgrade. Staff considered the following criteria in prioritizing which portion of its existing fleet to convert: • Vehicle age /life expectancy • Miles driven per year (minimum 12,000 miles per year) • Gasoline /diesel fuel consumption • Cost to convert • Use /relative public visibility (non - market benefit as an educational opportunity) • Proximity of vehicle home base to one of the municipal CNG fueling stations The City of Corpus Christi recently received $400,000 in State Energy Conservation Office (SECO) funds to support construction of an additional municipal CNG fueling station to accommodate the City's current and anticipated CNG vehicles, including CNG refuse trucks. These funds were designated for the expansion of the existing natural gas vehicle refueling station located near the City's Vehicle Service Center at 2525 Hygeia Drive. AWARD: In October 2010, the City issued a bid invitation, for conversion and up- fitting of vehicles which was published in the Corpus Christi Caller -Times and issued to seventeen potential bidders. Four responsive bids were evaluated that included (1) Natural Gas Vehicles Texas Inc., Dallas, Texas, (2) CNG - Solution, Corpus Christi, Texas, (3) CNG -NGC Solutions, Houston, Texas and (4) Steelweld of Texas, Temple, Texas. —174— AWARD BASIS: The recommended award is based on Best Value. The evaluation team, comprised of team members from Gas Department, Fleet Maintenance Services and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Resources 25 %, (2) Certifications 20 %, (3) References 10 %, (4) Bidders Profile and Qualifications 10 %, and (5) Cost 35 %. The evaluation team reviewed each bid proposal response and completed the evaluation matrix. The resulting matrix prioritized each vendor based on the point value assigned for each criterion component in the evaluation matrix. Vendor rankings based on this scoring method are shown in the attached evaluation matrix. As a result of the evaluation, the team has selected Natural Gas Vehicles Texas Inc. (NGV Texas Inc.) as the best valued supplier for this service. NGV Texas Inc., will have a local facility in Corpus Christi that will handle all CNG related repairs for vehicles that are up fitted with CNG systems. NGV Texas Inc. is the lowest cost provider for this service and has received the highest score on the matrix. Sixteen existing fleet vehicles have been identified as good candidates for conversion and will be converted to natural gas fuel over the twelve month term of the contract. -175- CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER -GABRIEL MALDONADO BID INVITATION NO. BI -0202-10 SUMMARY EVALUATION MATRIX Maximum Evaluation Criteria Score Resources 25% Certifications 20% References 10% Bidders Profile & Qualification 10% Pricing 35% Total Score 100% Annual Cost 25.0% 20.0% Compressed Natural Gas Vehicle Up -fitting Summary Evaluation Matrix 19.0% 20.0% 15.0% 15.0% 20.0% 7.0% 10.0% 5.0% 3.0% 5.0% 10.0% 5.0% 5.0% 5.0% 35.0% 33.0% 28.0% 23.0% 100.0% 82.0% 71.0% 55.0% $182,944.20 (16 vehicles) $191,400.00 (16 vehicles) (1) $58,172.00 Incomplete Bid (4 vehicles) $282,612.00 (16 vehicles) (1) CNG -NGV failed to provide pricing to convert F150 pickup trucks. When compared to like items bid by Natural Gas Vehicles Texas Inc., Natural Gas Vehicles Texas Inc. is lower by $11,815.40. 14 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: A. Motion authorizing the City Manager to enter into a contract with UnitedHealthcare Insurance Company of Minnetonka, MN for the provision of a third -party administration of the City of Corpus Christi's self - funded employee health and dental plans, providing and administering a provider network, and provision of stop -loss insurance coverage, in accordance with Request for Proposal Number B1- 0067 -11. The term of the agreement will be for two years, commencing on August 1, 2011, with an option to extend for up to three additional one -year periods subject to the approval of the service provider and the City Manager or designee. The total estimated cost over the term of the two -year contract with UHC is $6,914,688, in addition to estimated medical claims cost of $38,371,433 that will flow through this contract. This service will be used by the Human Resources Department to provide health coverage, dental coverage and stop -loss insurance to eligible active employees, retirees, survivors and their spouses and dependents. B. Motion authorizing the City Manager to enter into a contract with Medco Health Solutions, Inc. of Franklin Lakes, NJ for the provision of the pharmacy benefit management portion of the City of Corpus Christi's self - funded employee health plan, in accordance with Request for Proposal Number BI- 0067 -11. The term of the agreement will be for two years, commencing on August 1, 2011, with an option to extend for up to three additional one -year periods subject to the approval of the service provider and the City Manager or designee. The total estimated cost over the term of the two -year contract with Medco is $209,873, in addition to estimated pharmacy claims cost of $11,783,636.07 that will flow through this contract. This service will be used by the Human Resources Department to administer the pharmacy benefit management portion of the City's self - funded employee health plan for eligible active employees, retirees, survivors and their spouses and dependents. ISSUE: The City of Corpus Christi's (City) current contract for health and dental benefits administration, provider network, specific stop -loss insurance and pharmacy benefit management expires on July 31, 2011. Notice was given to the current provider that the City would not extend the optional two years available in the contract term. RECOMMENDATION: Staff recommends approval of the motions as submitted. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the agreements as submitted. --,/ J., Cyn ia Garcia Director of Human Resources CynthiaG @cctexas.com 361- 826 -3878 Michael Barrera Assistant Director of Financial Services rnikeb@cctexas.com 361- 826 -3169 -180- BACKGROUND INFORMATION BACKGROUND: On November 15, 2010 the City Manager, based upon the expressed desires of Council members, directed that the City conduct a Request for Proposals (RFP) for the City's health plan provider, serving the civilian employees, Police Officers, Firefighters, and retirees and their dependents. Through a joint effort between the City and the City's consultant Randy McGraw, of Crest Benefits Consulting, a division of JDW Insurance (Crest), an RFP for both fully- insured health and dental plans and third -party administration of the City's self - funded employee health and dental plans, including provision and administering of a provider network, pharmacy benefit management and provision of stop -loss insurance coverage was developed, and an evaluation team was formed. On December 14, 2010, an RFP was issued. The RFP was advertised in the Corpus Christi Caller Times on December 11 and 18, 2010, posted on the Purchasing Division's web page, and issued directly to 51 service providers. Nine (9) proposals were received; however Mountain States Administrative Services was 2011 deadline for submission of proposals, proposals evaluated are: Table 1 only eight (8) were evaluated. The proposal from received on January 25, 2011, after the January 21, and was therefore not considered. The eight (8) Proposer Services Offered Assurant Employee Benefits Fully Insured Dental Blue Cross (BCBSTX) and Blue Shield of Texas Self Funded Medical Self Funded Dental Self - Funded Pharmacy Stop Loss Insurance Humana Insurance Company Self Funded Medical Self Funded Dental Self Funded Pharmacy Stop Loss Insurance Fully Insured Medical Fully Insured Dental Medco Health Solutions, Inc. Pharmacy Benefits Meritain Health, Inc. Self Funded Medical Self Funded Dental Self Funded Pharmacy Stop Loss Insurance -181- Script Care, Ltd. Pharmacy Benefits Texas Municipal League Intergovernmental Self Funded Medical Employee Benefits Pool Self Funded Dental Self Funded Pharmacy UnitedHealthcare Insurance Company EVALUATION: Self Funded Medical Self Funded Dental Self Funded Pharmacy Stop Loss Insurance Fully Insured Medical Fully Insured Dental Proposals were evaluated across five major criteria: 1. Technical Solution 2. Proposer's Profile & Qualification 3. Local Presence 4. Pricing and Compensation 5. Exceptions An evaluation team comprised of the following representatives reviewed the proposals and scored each according to the criteria above: • Cynthia Garcia, Director, Human Resources • Joan McKaughan, Assistant Director, Human Resources • Pat Atkins, Benefits Manager, Human Resources • Paul Pierce, Procurement Manager, Financial Services • Carl Gross, Operations Manager, Aviation • F. M. Hess, Senior Officer, Police Department • Brandi Moss, Senior Officer, Police Department • Carlos Torres, President, Corpus Christi Fire Fighters' Association • Michael Staff, President, Corpus Christi Police Officers' Association • Clark McAllister, Captain, Fire Department • Rosie Cortez, Retired Employee The City's benefit consultant, Randy McGraw, served throughout the process, supporting the team and compiling costing estimates. Proposals were evaluated in a bundled and un- bundled approach. Fully- insured health and dental plans were evaluated and compared to self - insured offerings. Pharmacy Benefit Management (PBM) services offered by vendors as part of their Third Party Administrator (TPA) offering were compared to stand -alone PBM offerings. The proposals were reviewed and every question response and representation offered by the Proposers was reviewed by the evaluation team. All supporting documents including sample reports, guarantees, provider directories, financial statements and pricing data were thoroughly reviewed. At the conclusion of the initial review, the scoring tabulations were compiled to identify finalists. (See Attachment 1 for initial scoring results of all proposals.) —182— Given that the fully- insured approach would result in loss of control and l waulit present in m with the design and funding, the potential complications a fully- insured approach collectively bargained benefits and the fact tha that self-funded lefun option on is the low -cost option, the evaluation team elected to focus on bundled On February 24, 2011, the finalists Proposers, (Blue Cross Blue Shield of Texas, Humana, United Health Care and Medco), gave their "Best and Final Offer" presentations to the evaluation team. Following the presentations, where necessary, clarifications to the information presented by Proposers during the presentation or regarding improved to ereviewrtheQlmpeoved offers land from Proposers. On March 4, 2011 the evaluation evaluate any impact on the combined scoring. Evaluation Summa and Final Pricin Anal sis: The results of the evaluation team review of the finalists' proposals, after Best and Final Offers, are as follows: Table 2 Un- bundled Pharmac Benefit Mana ement Criteria Technical Solution Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Total Weight 20% 20% 5% 50% Medco 16.63 11.33 49.50 Script Care 3.43 50.00 Self Funded with Criteria Technical Solution Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Total 5% 100% 77.46 Medco as 14 BM With Sto Loss Included Weight 20% 20% 5% 50% 5% 100% BCBSTX 17.38 14.50 48.41 80.29 Humana 17.29 14.83 50.00 82.12 53.43 UHC 18.86 18.83 49.96 87.65 The above summary represents the ranking of the self funded medical, self funded dental, and stop Toss insurance of BCBSTX, Humana, and UHC bundled with Medco for the pharmacy benefit management portion of the health plan, as Medco provided the best value pharmacy benefit management proposal. Final Pricing Analysis The following shows a comparison of only the estimated costs for the three finalists, with Medco PBM. This table does not take into consideration the other evaluation criteria (Technical Solution, Applicant's Profile & Qualifications) defined in the RFP, and used by the evaluation team in the RFP process. This is a best estimate based upon various assumptions applied consistently to all proposals. Table 3 Humana Medical & Dental Administration with Run -in and Run -out Costs included through 07/31/2013 Administration Medical Claims & Dental Claims Allowable Charges Pharmacy Claims Allowable Expenses Net of Rebates using Medco Stop loss Premium with Terminal Liability included (only first year shown) at $175K Deductible Total Score $3,523,380.08 $52,628,780.99 $11,783,636.07 $1,456,901.64 $69,392,698.78 100.00 UHC $3,408,428.32 $52,401,270.07 $11,783,636.07 $1,860,058.08 $69,453,392.54 99.91 BCBSTX $3,906,755.44 $54,434,571.58 $11,783,636.07 $1,551,486.96 $71 ,676,450.05 96.81 As indicated in the Table 3, the estimated cost comparison of allowable charges of the UHC proposal is $60,693.76 greater than the Humana proposal over the two year initial term. In the financial analysis above (Table 3), allowable charges unadjusted for inflation for the claims expenses were used. Additionally, no adjustments were made for member cost sharing expenses (deductibles, co -pays and coinsurance expenses) for this portion of the analysis. This approach was used to minimize assumptions in the comparison that could be distorted over time. The total column does not necessarily reflect the anticipated total expense to the City over the initial two -year term of the contract, as illustrated in the "Funding" section of this memo on page 12. The overall lowest combined cost basis used for comparison purposes illustrated above is not aligned with the highest overall scoring Proposer. However, the highest overall scoring Proposer received significantly higher scores in both the Technical Solution and Proposer's Profile and Qualifications categories. Certainly, the cost versus value issue weighed heavily in the evaluation team's discussions and review. While cost is an important factor, so is the Tong -term value of the services provided by the selected vendor to the City and eligible active employees, retirees, survivors and their spouses and dependents. The Technical Solutions and Applicant's Profile & Qualifications scoring leading to the higher ranking of the UHC proposal over the other offers were based on hundreds of line item responses to the RFP Questionnaire. A summary of the raw score highlighting the high score recipient in each category is provided below, (Tables 4 & 5): —184— . Table 4 A. General Information Section 3.5 Applicant's Profile & Qualification B. Financial Information C. References Table 5 Section Total Score (Average of Scores) BCBSTX Section 3.4 Technical Solution Section A. General Administrative Services B. Medical Management C. Wellness, Prevention & Disease Management Programs D. Provider Network E. Pharmaceutical Benefits Manager Capabilities F. COBRA Administration G. HIPAA Administration H. Audit Services I. Implementation, Termination & General Performance J. Technical Information K. HIPAA Information L. Customer Services M. Implementation Information N. Service - TPA Administration O. Service - Provider Network P. Service - Pharmacy Benefit Management Q. Service - Disease and Wellness Programs R. Service - COBRA S. Service - Dental T. Service - Health Savings Account Administration U. Service - Stop Loss Total Score (Average of Scores) 67.50 75.00 75.00 72.50 BCBSTX 89.81 100.00 96.77 80.00 _ 94.00 Humana 72.50 75.00 75.00 74.17 Humana 93.93 97.37 96.77 95.00 97.00 UHC 82.50 100.00 100.00 94.17 UHC 98.54 91.23 96.39 90.00 98.00 83.33 83.33 50.00 100.00 94.12 100.00 83.33 50.00 85.23 95.54 96.85 100.00 75.00 97.92 75.00 91.67' 100.00 50.00 100.00 82.35 65.00 69.44 100.00 70.45 96.43 85.87 90.63 95.00 83.33 88.75 100.00 100.00 100.00 100.00 95.59 90.00 86.11 100.00 79.55 93.75 99.29 100.00 92.50 95.83 75.00 94.23 86.88 86.54 87.41 96.15 94.19 The evaluation team was in unanimous agreement that the UHC and Medco proposals provided the best value for the City and plan participants. It is, therefore, the recommendation of the evaluation team that UHC be awarded TPA services, including stop loss coverage, and Medco be awarded PBM services, as each earned the highest score in the TPA and PBM categories, respectively. FUNDING: The total combined cost over the term of the two -year contracts with UHC and Medco is estimated to be $57,279,630. This varies from the $69,453,393.54 total in the Final Pricing Analysis Table as the $57,279,630 excludes member cost sharing (deductibles, co -pays and coinsurance expenses) as said deductibles, co -pays and coinsurance amounts are paid by the members and are, therefore, not a cost to the City. Of the $57,279,630, approximately $3,306,175 will be paid to UHC for TPA services and approximately $3,608,513 will be paid to UHC for stop -loss insurance under the recommended contract. In addition, approximately $209,873 will be paid to Medco for PBM services under the recommended contract. The remainder of the costs, $50,155,069, is self-funded pass - through claims costs paid by the City through UHC to health care providers and through Medco to pharmacy providers resulting from member utilization. Break out of costs discussed above: Table 6 Self- Funded Pass - Through Claims Costs paid by the City $50,155,069 TPA Services -- paid by the City to UHC $3,306,175 Stop Loss Insurance -- paid by the City to UHC $3,608,513 PBM Services — paid by the City to Medco $209,873 City Costs $57,279,630 Estimated Member Cost Sharing (deductibles, co -pays, co- insurance) $12,173,763.54 Total (as shown in Final Pricing Analysis Table 3) $69,453,393.54 The member cost sharing assumptions that, when applied, result in $57,279,630 total, incorporate 19% of allowable Medical charges, 20% of allowable Pharmacy charges and assumes a 3% reduction in total member enrollment over the next two years. These assumptions are consistent with the current enrollment elections for the currently offered plans and also are consistent with the actuarial projections offered by the City's external independent actuary. Costs are subject to change contingent upon actual plan designs and enrollment elections during the upcoming two fiscal years. The projected costs for a two year period are $7,022,571 higher than the combined costs for a two year period consisting of the prior fiscal year and the estimated annual costs for the current fiscal year. This represents an overall average annual inflation rate of 6.7 %. This represents a down trend compared to the prior two fiscal years. Funds will be requested through the annual budget process for FY 2011 -2012 and in subsequent fiscal years. -186- ATTACHMENT 1 INITIAL SCORES OF ALL PROPOSALS The initial scoring results (prior to Best and Final Offers by finalists) are summarized below. Table A Criteria Technical Solution Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Total Table B Criteria Self Funded Bundled Services - Stop Loss Not included Meritain / Humana PHCS 17.29 Technical Solution Weight 20% 20% 5% 50% BCBSTX 5% 100% 17.36 14.50 14.83 Meritain / FH 16.12 9.00 16.15 9.00 TML 15.57 14.00 UHC 18.81 18.63 45.30 77.16 50.00 82.12 33,24 58.36 Self Funded Bundled Services - Stop Loss Included n / FH Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Total Table C Self Funded With Medco as PBM when Medco Beats Bundled PBMeServices FH Weight 20% 20% 5% 50% 5% 100% BCBSTX 17.36 14.50 45.37 77.23 Humana 17.29 14.83 50.00 82.12 Criteria Technical Solution Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Total Table D Criteria Weight 20% 20% 5% 50% 5% 100% BCBSTX 17.36 14.50 Humana 45.00` 17.29 14.83 50.00 16.12 9.00 32.93 35.99 61.14 47.79 77.36 47.99 85.63 16.12 9.00 33.24 58.36 Meritain / PHCS 16,15 9.00 35.86 61.01 UHC - Stop Loss Not included Meritain PHCS 0 16.15 76.86 82.12 58.05 9.00 35.65 60.80 TML 15.57 14.00 47.34 76.91 18.81 18.83 47.30 84.94 UHC 18.81 18.83 48.19 Self Funded With Medco as PBM when Medco Beats Bundled PBM eritain Stop Loss Included Meritain FH PHCS Technical Solution Applicant's Profile & Qualifications Local Presence Pricing and Compensation Exceptions Total Weight 20% 20% 5% 50% 5% 100% BCBSTX 17.36 14.50 45.08 76.94 Humana -187- 17.29 14.83 50.00 82.12 16.12 9.00 32.95 16.15 9.00 35.54 85.83 UHC 18.81 18.83 47.48 58.07 60.69 , 85.12 Table E Fully Insured Medical Criteria Weight Humana UHC Technical Solution 20% 17.29 18.81 Applicants Profile & Qualifications 20% 14.83 18.83 Local Presence 5% 18.83 Local Presence Pricing and Compensation 50% 49.92 50.00 Exceptions 5% 43.40 46.09 Total 100% 82.04 87.64 Table F Fully Insured Dental Criteria Weight Assurant Humana UHC Technical Solution 20% 17.69 17.29 18.81 Applicant's Profile & Qualifications 20% 15.00 14.83 18.83 Local Presence 5% 50% 49.50 50.00 Pricing and Compensation 50% 43.40 46.09 50.00 Exceptions 5% 53.43 Total 100% 76.09 78.21 87.64 Table G Stand Alone Pharmacy Benefit Management Stand Alone Weight Medco Script Care Technical Solution 20% 16.63 3.43 Applicant's Profile & Qualifications 20% 11.33 - Local Presence 5% Pricing and Compensation 50% 49.50 50.00 Exceptions 5% Total 100% 77.46 53.43 Prior to any Best and Final negotiations, UHC obtained the highest score in every combination, except unbundled Pharmacy Benefit Management in which case Medco emerged with the top score. -188-- Overview of RFP BI -0067-11 Third Party Administrator and Fully Insured Employee Health Benefits RFP Objectives Included within the Scope of the RFP • Compare Fully Insured to Self Funded options • Assess Vendor capabilities and resources • Compare "bundled" versus "unbundled" services and value • Determine best value to the City of Corpus Christi and its employees • Adhere to Purchasing Requirements NOT included within the Scope of the RFP • Actual Benefit Plan designs • Budget recommendations • Recommended "premiums" or payroll deduction amounts 2 RFP Process • RFP released on December 14, 2010 • 51 vendors contacted • 9 proposals received —S evaluated (received on time on January 21, 2011) --1 rejected as late submission (January 25, 2011) p • Evaluation team comprised of representatives from Civilian, Police, and Fire groups • Over 485 line item questions, all collateral materials and exhibits reviewed • Over 35 hours in evaluation meetings • Over 30 hours in contract negotiations Review Process •Four finalists invited to make presentations and improved offers FinaJ assessment led to contract negotiations with recommended Proposers Score Summaries - PBM Stand Alone Pharmacy Benefit Management Criteria Weight Medco Script Care 1. Technical Solution 20% 16.63 3.43 2. Applicant's Profile & Qualifications 20% 11.33 - 3. Local Presence 5% - - 4. Pricing and Compensation 50% J 49.50 50.00 5. Exceptions 5% - Total 100% 77.46 53.43 5 Score Summaries — TPA's Section 3.5 Applicant's Profile & Qualification Section BCBSTX Humana UHC A. General Information 67.50 72.50 82.50 B. Financial Information 75.00 75.00 100.00 C. References 75.00 75.00 100.00 Total Score 72.50 74.17 94.17 6 Score Summaries - TPA's Section 3.4 Technical Solution Section BCBSTX Humana UHC A. General Administrative Services 89.81 93.93 98.54 B. Medical Management 100.00 97.37 91.23 C. Wellness, Prevention & Disease Management Programs 96.77 96.77. 96.39 D. Provider Network 80.00 95.00 90.00 E. Pharmaceutical Benefits Manager Capabilities 94.00 . 97.00 98.00 F. COBRA Administration 83.33 91.67' 100.00 G. HIPAA Administration 83.33 100.00 100.00 H. Audit Services 50.00 50.00 100.00 I. Implementation, Termination & General Performance 100.00 100.00 100.00 J. Technical information 94.12 82.35 95.59 K. HIPAA Information 100.00 65.00 90.00 L. Customer Services83.33 69.44 86.11 M. Implementation information 50.00 100.00 100.00 N. Service - TPA Administration 85.23 70.45 79.55 O. Service - Provider Network 95.54 96.43 93.75 P. Service - Pharmacy Benefit Management 96.85 85.87 99.29 Q. Service - Disease and Wellness Programs 100.00 90.63 100.00 R. Service - COBRA 75.00 95.00 92.50 S. Service - Dental 97.92 83.33 95.83 T. Service - Health Savings Account Administration 75.00 88.75 75.00 U. Service - Stop Loss 94.23 86.54 96.15 Total Score 86.88 87.41 94.19 7 Cost Comparison Assumptions • Current enrollment and current benefits • Current utilization pattern — most recent 12 months of claims data • Comparable services and features • With and without RX carved in • Allowable Charges / CIaim discounts —Overall represntations, actual history, claims repricing sample, guarantees, amounts at risk, references Cost Comparison Summary and Score 9 Medical & Dental Administration with Run-in and Run -out Costs included through 07/31/2013 Administration Medical Claims & Dental Claims Allowable Charges Pharmacy Claims Allowable Expenses Net of Rebates using Medco Stop loss Premium with Terminal Liability included (only first year shown) at $175K Deductible Total Score Humana $3,523,380.08 $52,628,780.99 $11,783,636.07 $1,456,901.64 $69,392,698.78 100.00 UHC $3,408,428.32 $52,401,270.07 $11,783,636.07 $1,860,058.08 $69,453,392.54 99.91 BCBSTX $3,906,755.44 $54,434,571.58 $11,783,636.07 $1,551,486.96 $71,676,450.05 96.81 9 Forecast Figuresused in this process • The Council memo includes a statement that forecasted expenses would be $7,022,571 million higher over the next two fiscal years than the past two fiscal years, or $57,279,630 million total • The forecast from last year for the same time period was $62,911,000, • The actual expense is subject to final benefit plan designs and. funding recommendations finalized once a proposer is selected. • The figures vary based upon plan design changes, enrollment changes, funding changes and collective bargaining negotiations • The forecast figures in the RFP process assume static enrollment and benefit designs. It is beyond the authority of the RFP committee to assume changes to variables not within their control. 10 Contract Negotiations • The contracts presented for execution have been thoroughly reviewed and negotiated by the City's Purchasing, Human Resources and Legal Departments, and Crest Benefits Consulting • The contracts preserve maximum price stability over time for the city, options for enhanced services if desired, and contain enhanced performance guarantees. 11 Comments from Crest Benefits Consulting • The City of Corpus Christi performed a rigorous purchasing review process in consideration of these services • The cost projections used in the review process assume comparable features and services from each Proposer in order to illustrate and evaluate a fair comparison. • We are confident that subsequent decisions on the structure of the benefit programs offered will generate additional savings that will offset the perceived cost differentials used for comparison purposes. • On behalf of the City of Corpus Christi, Crest Benefits Consulting would like to thank all of the Proposers for the investment of their resources in responding to the solicitation • We concur that the City's Review Committee has conducted an ethical and fair review of all of the offers received and that the recommended Proposers will generate results in the best interest of. the City of Corpus Christi, its taxpayers, and employees. 12 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Quarterly report from the Crime Control and Prevention District, review of the proposed FY12 budget. STAFF PRESENTER(S): Name Title /Position Department 1. D. Troy Riggs Chief of Police Police 2. Pat Eldridge Police Admin Mgr Police 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1, Susie Luna- Saldana President Crime Control & Prevention District Board 2. ISSUE: The District presents quarterly presentations to the City Council. REQUIRED COUNCIL ACTION: None required D. Troy Riga Chief of Police troyrCccctexas.com 886 -2603 1 Corpus Christi Crime Control & Prevention District FY 2011/2012 Budget 2 Continued focus on Core Programs –50 Police Officers –Juvenile Assessment Center –Pawn Shop Detail –Graffiti Eradication Continued focus on long term fiscal responsibility and control Crime Control & Prevention District FY 2011/2012 Budget 3 Assignment of 50 Police Officers –8 Directed Patrol Officers –10 Juvenile Enforcement Team (JET) Officers –3 Moped Officers –2 Traffic Safety Officers –1 Narcotics Officer (with a drug dog) –1 Campus Crime Stoppers Officer –25 Patrol Officers (enhance patrol response) Crime Control & Prevention District FY 2011/2012 Budget 4 Total Expenditures $5,248,065 –0% pay increase for sworn and civilian Total Revenues $5,399,131 Elimination of the Graffiti Coordinator – relocated to the Police General Fund All other programs fully funded Ending fund balance $2,051,537 Crime Control & Prevention District FY 2011/2012 Budget 5 April 20 –CCD public hearing & budget adoption June 14 -City Council public hearing June 21 –City Council approves or rejects CCD Budget Crime Control & Prevention District FY 2011/2012 Budget Calendar Corpus Christi Crime Control & Prevention District 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of parking meter program and proposed rate increases. STAFF PRESENTER(S): Name Title /Position Department 1. Mark Denson Parking Meter Supervisor Police 2. D. Troy Riggs Chief of Police Police 3. OUTSIDE PRESENTER(S): Name 1. 2. Title /Position Organization ISSUE: The Police Department proposes the parking meter rates be increased and equipment updated. REQUIRED COUNCIL ACTION: None .required D. Troy Ri Chief of P• is trovr(a,cctexas.com 886 -2603 REVENUE COMPARISON (IPI — average value of parking space $1,000 annually) City of CC ■ 962 Meters ■ Meters - $153,000 ($159 per space annually) ■ Enforcement - $324,000 ■ TOTAL - City of Laredo ■ 950 meters ■ Meters - $900,000 ($947 per space annually) ■ Enforcement - S2,300,000 ■ TOTAL - 2 Research BEGAN WITH APPROX. 50 CITIES FROM FLORIDA TO HAWAII, I\CLUDI\G: Ft. Lauderdale, Palm Beach, Mobile, New Orleans, Oklahoma City, Houston, Gaiveston, Dallas, Ft. Forth, Austin, San Antonio, Laredo, El Paso, Colorado Springs, Denver, Tucson, Phoenix & Honolulu 3 CCPD Parking Control / Jan., 2011 Meter Survey / Marc Denson *3 Dallas has 14 different rates from .10 to 1.50 & 50 different time zones. The rates & times are contingent upon usage & need. Times vary from 10 - 4:30 / M -F to 7 -midnight / 7 days a week. *4 - Houston - Rates are varied & times and days are varied based on need, traffic & type businesses. Rasing rates this year, 1.50 to 2.00 hr, 1.25 going to 1.50, etc. Adding meters & new additions. City ST Pop.# Mtrs # Multi Space Hrs. / Oiler. Days/ Oiler. High End Rates Low End Rates Increm. (Hrs) Notes Corpus Christi TX 287K 962 0 8-6 M -F 0.25 0.05 1/2/4/8 trying to raise rates to .75 / .25 Galveston TX 56K 707*1 12+ 9-6 M -S 1.25 n/a *lconverting to paystations / see below El Paso TX 620K 1800 3 8-6 M -S 0.75* n/a *trying to raise rates 2011 Laredo TX 226K 950 0 8-6 M -S .50* .25* * raising rates 2011/ .75 or 1.00 Ft. Worth TX 728K 1200 350/1200 8-6 M -F 1.25 .30/.60 1/2/4/10 looking at 1.50 in high end / possible Sat if can Austin TX 786K 550 700/4500 8 -mid M -S 1.00 n/a 2/3/5 extended hrs & Sat. for additional $3.1 mill. San Antonio TX 1.4Mi11 1300 116/800 8-6 M -S 1.50 0.25 1/2/10 *2 multiple garages & lots owned by the city Dallas TX 1.3MilI 4288 6 Varied Varied 1.50 0.10 30m-12hr see below*3 Houston TX 2.3Mi11 2400 770/4000 7-6 M -S 1.80 0.25 30m-10hr increasing rates , see below *4 Tuscon AZ 486K 1200 8-6* M -F* 0.50* N/A raising to $1.00/add 6-800 mtrs/ expand hrs & Sat Phoenix AZ 1.5 Mill 2600 8-8 M -S 1.50 0.60 Colo. Sprgs CO 361K 2360 9-6 M -S 1.00 0.75 Denver CO 554K 4500 8-10 M -S 1.00 N/A 30 m-2hr IPS meters Mobile AL 412K 467 0 8-6 M -F 1.00 n/a 2 h only bus owners see value of turnover traffic Ft. Lauderdale FL 185K 2300 160 Varied Varied 1.75 0.50 2-4-8-10 see below*s W. Palm Beach FL 99K 1500 0 7-7 M -S 1.25 0.75 Glendale CA 196K 3000 6-10 Varied 1.00 0.50 most M -S / some 7 days a week Cities in Red: These cities use revenue sharing programs or strategic alliances with the community to get support from the business community. Some use a flat rate from overall revenue, that goes to revitalizing downtown or attraction areas & some have multiple programs where revenue from a specific area goes back into that area. Distribution of those funds are usually directed by a specific committee or organization such as Austins Downtown Business Alliance or Tuscon's Oversite Committee or Colorado Springs Downtown Partnership. You will see a variety of cities from Florida to Califonia. The idea was to find cities either in comprable size or tourism driven or relationship to beach, etc. Since there is only one city close in Galveston (& it's much smaller), there wasn't much to go on comparing coatsal Texas cities. Also, this gave us additional ideas of successful programs across the southern United States. *1- Galveston lost all meters in hurricane. Converting from all single space to most all muti-space. Expanding locations / adding spaces. *2 - In addition to the meters, SA has converted multiple empty Tots into garages & parking lots. With 24 hr event parking. *3 Dallas has 14 different rates from .10 to 1.50 & 50 different time zones. The rates & times are contingent upon usage & need. Times vary from 10 - 4:30 / M -F to 7 -midnight / 7 days a week. *4 - Houston - Rates are varied & times and days are varied based on need, traffic & type businesses. Rasing rates this year, 1.50 to 2.00 hr, 1.25 going to 1.50, etc. Adding meters & new additions. Primary Model Cities • Austin, TX Pop. 786K • Colorado Springs, CO Pop. 361K • Tucson , AZ Pop. 486K WHY? These cities all use revenue-sharing programs to partner with the community, which produce a positive relationship with the business community and revenue revitalization dollars. 5 Austin, TX. Revitalization $$$ at Work 3 Primary Objectives 1. `Directed Parking' Program. 2. Revitalization revenue through `Parking Improvement Fund'. 3. Community project benefiting the entire community! 3 Primary Objectives 1) Establish `DIRECTED PARKING' program to ensure a productive parking flow, addressing the needs of the businesses and citizens of our community. 8 3 Primary Objectives 2) Provide revenue through a `PARKING IMPROVEMENT FUND' for revitalization of our 'city center' areas to attract new businesses and enhance tourism. 9 3 Primary Objectives 3) To realize the potential for a community project that will benefit the entire community of Corpus Christi. 10 Complete Parking Review ■ Codes & Ordinances ■ Procedures (SOP) ■ Equipment ■ Revenue Collection ■ Enforcement ■ Outstanding Citation Remedies (booting, towing) ■ Adjudication 11 Equipment • i\o Inventory • 60%35-5Oyrsold • 40% 1st generation digital (no operating systems, just coin counters) • No parts available on 60% of fleet 12 Outstanding Citation Remedies • Boot list being updated • Code allows for 3 or more outstanding citations • Currently $2.7 million on list additional $300K+ estimated available • Manual system unproductive • Lose $225 in new citation revenue to make $100 in boot revenue 13 Adjudication ■ `Criminal' citations ■ Manuel Input system: 10% - 20% discarded & 48 hrs to 14 days before they are in the system ■ Only 50% `disposed' of ■ Contested usually `plea- bargained' 30-50¢ on S$ ■ Hard to pay fines, resulting in high % outstanding citations 14 Credit Card Meter Trial ■ 90 Days: Feb. 1 — May 1, 2011 ■ 22% of transactions by Credit Card ■ 78% of transactions paid full available time. ■ DMD, BOMA & UNI, plus numerous other contacts all had positive feedback on Credit Card availability. ■ Trial shows lower % of credit card use than other cities during same time period, BUT no other trial was based on only 25¢ per hour. The higher the hourly rate, the higher the % of use. Most cities saw 30%, but most were at S1 per hour to $1.50 per hour. (1 YR/ 50+%) 15 Solutions • Repeal old codes, establish modern codes • Update fleet w/ track -able revenue management • Electronic Ticket-writers • Operational parking software program that monitors revenue, citations, booting & parking flow • Fair & compassionate enforcement & zoning (no parking vultures or parking Nazi's) • Update Boot List 16 Solutions (cont.) • New Booting & Collection procedures • De -criminalize parking violations & establish Hearing Officer system (like red-light camera system) • Attach delinquent citations to registrations • Create Iasy-Pay' opportunities (web pay, kiosk, discounted pre -pay) • AMBASSADORSHIP ATTITUDE! 17 Next Steps • May 24 - First reading of the ordinance • May 31 —second reading • New rates effective June 1st • Approve budgeting requirements needed to upgrade equipment & technology needs • Approve new codes • De -criminalize parking citations to civil court, effective Aug. 1 • Consider the model based on `forward -thinking' cities 18 What's Changed? • Defined `Revenue -Sharing' program to fund revitalization of 'city center' • Parking Advisory Committee to `review & recommend' use of revitalization SS$ & zoning • Authority of Parking Control to assign approved rates to zones as needed, with approval of City Manager • Expansion of 'Paid Parking Zones' to a plan that treats all businesses the same 19 Parking Improvement Fund ■ Separate Revenue Fund to insure integrity of the revenue flow. ■ Beginning FY13 a designated % of the gross revenue is held in the fund for revitalization. FY13 = 20% FY14 = 30% FY15 = 40% 20 Parking Advisory Committee • 2 Downtown Reps (DMD) • 2 Uptown Reps (LSI & BOMA) • 2 CC Beach Reps (CC Beach Taskforce) • 1 CCCVB Rep • 2 Reps Appointed by City Council • City staff liaisons • `Review & Recommend' — some actions would have City Manager approval & some Council approval. 21 Rate Increases • Current Rates on city meters : 40¢, 35¢, 25¢, 20¢, 17¢, 15¢, 10¢ and 5¢; Mon — Fri., 8:00 AM — 6:00 PM, except holidays. • Current Rates on Texas State Aquarium meters 75¢ and 50¢; Fvery day of the week, 8:00 AM - 6:00 PM. • There is no real pattern to the current rates and you may have 3 or 4 rates on the same street. This is due to inability to change rates and incapability of equipment to accept the alternating rates passed in 2004. 22 Rate Increases • New Rates on city meters : 75¢, 50¢ and 25¢; Mon — Fri., 8:00 AM — 6:00 PM. • New Rates Texas State Aquarium meters • S1.00 & 75¢; Fvery day of the week, 8:00 AM — 6:00 PM. • The 'Paid Parking Zones' (or rate bands) are still established by City Council, but assigned to specific meters by Parking Control Division with City Manager approval to necessary streets. • Free Holidays have been eliminated. 23 Benefits of New Program ■ Program promotes partnership between city & business community. ■ Cities going to Credit Card payment options see a 30 -70% increase in revenue. ■ They also see a 28-37% reduction in citations, BUT they have a more concentration on collecting outstanding citations. 24 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: May 17, 2011 AGENDA ITEM: Presentation on Status of New Broadway Wastewater Treatment Plant (Project No. 7293) STAFF PRESENTER(S): Name Title /Position Department 1. Pete Anaya Director Engineering Services 2. Foster Crowell Director Wastewater Dept 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. William Causey Project Manager Carollo Engineering 2. Dan Leyendecker, P. E. Principal LNV Engineering 3. ISSUE: This presentation will update the Council on the current construction status of this project. REQUIRED COUNCIL ACTION: This presentation is for informational purposes only and no action is required. Pete Anaya, P. E., Director of Engineering Services (361) 826 -3781 petean ©cctexas.com N:S HOMEIVELMAPSGENIWASTEWATER17293 NEW BROADWAY WWTPICOL LCarB J7ATION 2011.05171AGENDA COVER AND MEMO PRESENTATION 2011 - 0517.DOC May 17, 2011 City Council Update Presentation Outline •Team Members •Work Completed to Date •Schedule Status •Budget Status •Questions/ Comments 2 Project Team •Contractor –Graham Construction •Major Sub-Contractors –KST Electric –Morris-Shea Bridge •Project Management Team –City staff –Carollo Engineers, Inc. –LNV Consulting Engineers –Colwell & Assoc., Inc. –Gignac & Assoc. –Gignac Landscape Architecture 3 Public Involvement •Neighborhood meeting: January 20, 2010 •No concerns expressed by the community to date 4 NBWWTP Milestones •Council Award: November 10, 2009 •Pre-Con Meeting Date: January 14, 2010 •Notice to Proceed: January 25, 2010 •Construction Start Date: January 28, 2010 5 Phase 1 Construction (On-Going) 6 PHASE 2 CONSTRUCTION Build 2nd Set of Clarifiers PHASE 2 (DEMOLITION) Demolish Existing Backwash Filters and Chemical Feed System PHASE 1 CONSTRUCTION New Odor Control, Headworks & Solids Handling While Maintaining Existing Treatment Services PHASE 2 (DEMOLITION) Demolish Existing Solids Handling Processes UV in Phase 1 •Entire site is fenced. •Resaca St. is closed. •Construction Traffic is routed through the Port Area. Headworks Placement of Reinforcement Steel for Slabs 7 Aeration Basins Aeration Basin Walls Under Construction 8 Secondary Clarifiers 9 Excavation Supports for Clarifier Center Structure UV Structure Placement of Reinforcement Steel for Slabs and Walls 10 Aerated Sludge Basins Walls being Completed and Begin Forming Walkways 11 Sludge Dewatering Building Placement of Wall Reinforcement Steel and Wall Forms 12 Schedule Status •Start date: •Contract Completion Date: •Calendar days used: •Percent of Time used: •Actual Construction percent complete: January 25, 2010 January 29, 2013 477 43.4% 36.5% 13 Contractor Is Behind Schedule •The actual progress is 54 working days behind original schedule •Schedule Recovery Plan shows 14 working days behind original schedule –Revised Pile Foundations will recover schedule. •Saved 34 working days and $331,500 in construction cost. –Revised UV Structure to meet TCEQ new Regulations •Cost 5 working days and $314,831 in construction cost. 14 •Schedule Recovery Plan –Recovery schedule submitted and under review. •Planned manpower increase of 60% for concurrent work activities in multiple areas. •Increase equipment and material resources, i.e.: formwork and hoisting, to support additional manpower. •Identify key elements of the work to complete and allow for better schedule flow for other trades and or resources. Contractor Is Behind Schedule 15 Future Milestones •Phase 1 Substantial Completion: May 14, 2012 •Phase 1 Start-up and Final Completion: July 13, 2012 •Phase 2 Substantial Completion: November 30, 2012 •Phase 2 Start-up and Final Project Completion: January 29, 2013 16 Construction Budget Status 17 $- $5,000,000.00 $10,000,000.00 $15,000,000.00 $20,000,000.00 $25,000,000.00 $30,000,000.00 $35,000,000.00 $40,000,000.00 $45,000,000.00 $50,000,000.00 $55,000,000.00 Ja n -10 Fe b -10 Ma r -10 Ap r -10 Ma y -10 Ju n -10 Ju l -10 Au g -10 Se p -10 Oc t -10 No v -10 De c -10 Ja n -11 Fe b -11 Ma r -11 Ap r -11 Ma y -11 Ju n -11 Ju l -11 Au g -11 Se p -11 Oc t -11 No v -11 De c -11 Ja n -12 Fe b -12 Ma r -12 Ap r -12 Ma y -12 Ju n -12 Ju l -12 Au g -12 Se p -12 Oc t -12 No v -12 De c -12 Ja n -13 Projected (Feb-10) Cumulative Billing Projected Cumulative Billing Actual Cumulative BillingAmount Earned: $13,621,803 Percent Earned: 37.0% Est. Amount: $24,111,834 Percent Est. Earned: 47.8% Original Contract Amount: $50,456,230 QUESTIONS/COMMENTS 18 I -276-