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Agenda Packet City Council - 11/19/2013
a Corpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final City Council Tuesday, November 19, 2013 11:30 AM Council Chambers 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 12:00 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 cree que su ingles es limitado, 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Father John Haby, St. Nicholas Greek Orthodox 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. E. Proclamations /Commendations 1. 13-001075 Proclamation declaring November 16 - 24, 2013 as "National Hunger and Homelessness Awareness Week" AEP Check Presentation to the City of Corpus Christi for Participation in the 2013 AEP TX CitySmart Program for Energy Efficiency Lighting Retrofit Projects Swearing-in Ceremony for All Newly Appointed Board, Commission, and Committee Members Corpus Christi Page 1 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. United Way Contributions b. City Performance Report -Water Department C. Other H. EXECUTIVE SESSION: (NONE) 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. I. MINUTES: 2. 13-001070 Regular Meeting of November 12, 2013 Attachments: Minutes- November 12, 2013 J. BOARDS &COMMITTEE APPOINTMENTS: (NONE) K. 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. L. CONSENT AGENDA: (ITEMS 3 - 16) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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 Corpus Christi Page 2 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 remaining items will be adopted by one vote. 3. 13-001039 Purchase of one pickup truck for beach use, one CNG pickup truck for litter enforcement, and two CNG pickup trucks for the Strike Force Motion approving the purchase of four (4) pickup trucks from Philpott Motors, Nederland, Texas for a total amount of$129,928.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available in the Park & Recreation operations budget. Attachments: Agenda Memo- Purchase of Pickup Trucks Price Sheet- Purchase of Pickup Trucks 4. 13-000938 Construction contract for adjustments to water lines and valves for State Highway 286 Motion authorizing the City Manager, or designee, to execute a construction contract with Jhabores Construction Company, Inc. of Corpus Christi, Texas in the amount of$257,871 for State Highway (SH) 286 Water Line and Valve Adjustment project for the base bid. Attachments: Agenda Memo-SH 286 Water Lines and Valves Adjusts Project Budget-SH 286 Water Lines and Valves Adjusts.pdf Location Map-SH 286 Water Lines and Valves Adjusts.pdf 5. 13-001032 Reimbursement resolution for Mary Rhodes Pipeline, Phase 2 Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo-for Reimb Resol for Mary Rhodes Phase 2.pdf Resolution -Corpus Christi Reimb Reso 2013.pdf 6. 13-000969 Second Reading Ordinance - Rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District, on property located at 7546 Slough Road (1st Reading 11112113) Case No. 1013-01 Braselton Homes - Shoreline Oaks, Ltd.: A rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located north of Slough Road and at the east end of Russ Lane. Corpus Christi Page 3 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Planning Commission and Staff Recommendation (October 23, 2013): Approval of the rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Braselton Homes - Shoreline Oaks, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- Braselton Homes, 7546 Slouqh Rd Map-Aerial Overview, Braselton Homes, 7546 Slough Rd Zoning Report-Braselton Homes, 7546 Slough Rd Ordinance- Braselton Homes, 7546 Slough Rd 7. 13-000996 Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District, on property located at 6921 and 7522 Weber Road and along the east side of the Oso Creek (1st Reading 11112113) Case No. 0713-02 City of Corpus Christi: A rezoning from the "RS-6" Single-Family 6 District to the "CC Commercial Compatible District on property described as being an approximately 82-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, located on the south side of Weber Road and on the east and west sides of Yorktown Boulevard. Planning Commission and Staff Recommendation (September 25, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CC Commercial Compatible District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference an approximately 82-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, from the "RS-6" Single-Family 6 District to the "CC Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 4 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Attachments: Agenda Memo-City of CC, 6921 &7522 Weber Rd Map-Aerial Overview, City of CC, 6921 &7522 Weber Rd Zoning Report-City of CC, 6921 &7522 Weber Rd Ordinance-City of CC, 6921 &7522 Weber Rd 8. 13-000997 Second Reading Ordinance - Rezoning from the "RS-6" Single-Family 6 District to the "IC" Industrial Compatible District, on property located at 6921 and 7539 Weber Road and 7030, 7033, 7057, 7058, 7110, and 7130 Brezina Road (1st Reading 11112113) Case No. 0713-03 City of Corpus Christi: A rezoning from the "RS-6" Single-Family 6 District to the "IC" Industrial Compatible District on property described as being an approximately 102.287-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, and Lots 2, 4-A and 5, Block 2, and Lot 2, Block 1, Brezina Farm Tracts, located between Bratton and Weber Roads, and east and west of Bratton Road. Planning Commission and Staff Recommendation (October 9, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CC Commercial Compatible District. Ordinance Ordinance amending the Unified Development Code ("UDC'), upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference an approximately 102.287-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, and Lots 2, 4-A and 5, Block 2, and Lot 2, Block 1, Brezina Farm Tracts, from the "RS-6" Single-Family 6 District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-City of CC, Weber&Brezina Rds Map-Aerial Overview, City of CC, Weber&Brezina Rds Zoning Report-City of CC, Weber&Brezina Rds Ordinance-City of CC, Weber&Brezina Rds 9. 13-001001 Second Reading Ordinance -Appropriating funds for one time expenditures for Police Department (1st Reading 11112113) Ordinance appropriating $678,805 from the unreserved fund balance in No. 9010 Crime Control District Fund for"one-time" expenditures in the FY 2013-2014 operating budget, and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing appropriations by $678,805. Corpus Christi Page 5 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Attachments: Agenda Memo-Crime Control appropriation 11.12.2013 Ordinance-Crime Control Appropriation-2013-Police 10. 13-001045 Second Reading Ordinance - Extending lease agreement for Juvenile Assessment Center at Wilson Plaza (1st Reading 11/12/13) Ordinance to authorize City Manager, or designee, to execute a 24 month lease extension agreement, with Wilson Plaza Associates LP, for first floor, suite #105, approximately 4,802 square feet of the Wilson Building, 601 Carancahua/615 Leopard, for$4,882 monthly rental payment. Attachments: Agenda Memo-JAC Building Lease renewal Ordinance-JAC Buildinq lease renewal Lease-JAC Building lease renewal COF-JAC Buildinq Lease renewal 11. 13-001003 Second Reading Ordinance - Renewal of lease agreement for Dick Runyan Field at Price Park (1st Reading 11/12/13) Ordinance authorizing the City Manager or designee to execute a one year lease agreement with Incarnate Word Academy for the use of Dick Runyan Field at Price Park Attachments: Agenda Memo-IWA lease Dick Runyan field Ordinance-IWA Dick Runyan field Lease- IWA Dick Runyan field 12. 13-001007 Second Reading Ordinance - Interlocal agreement for North Beach nourishment project (1st Reading 11/12/13) Ordinance to authorize the City Manager or designee to execute contract documents with Texas General Land Office for the North Beach Nourishment project, with cost sharing of$75,000 by City of Corpus Christi and $225,000 Coastal Erosion Planning and Response Act (CEPRA) funds. Attachments: Agenda Memo-CEPRA North Beach Nourishmnet Ordinance-CEPRA North Beach Nourishment Protect Agreement-GLO Interlocal Protect Cooperation Agreement CEPRA 7 Special Document-GLO Special Document CEPRA Protect 1569 13. 13-000979 Second Reading Ordinance -Approving reimbursement agreement and appropriation for construction of wastewater collection line at the south side of Interstate 37, east of Suntide Road, and west of Hunter Road (1st Reading 11/12/13) Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") Corpus Christi Page 6 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 with Embree Asset Group, Inc., ("Developer"), for the construction of a wastewater collection line and appropriating $11,519.40 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the developer in accordance with the agreement. Attachments: Agenda Memo-Suntide Industrial, Construction and Reimbursement Agreemer Location Map-Suntide Industrial, Construction and Reimbursement Agreement Ordinance-Suntide Industrial, Construction and Reimbursement Agreement Agreement-Suntide Industrial, Construction and Reimbursement Agreement 14. 13-001034 Second Reading Ordinance -Amending the Code of Ordinances to refine street maintenance fee payment and appeals process; and modify the street maintenance fee trip factor index for certain Institute of Traffic Engineers (ITE) Codes (1st Reading 11112113) Ordinance amending the Street Maintenance Fee Payment and Appeals Process adopted by Ordinance No. 029900 on July 16, 2013; amending Exhibit "A" of Ordinance No. 029877 adopted on June 25, 2013 to modify, for consistency purposes, certain Institute of Transportation Engineers (ITE) Codes; and amending Article XX of Chapter 55 of the Code of Ordinances to codify the modified Trip Factor Index. Attachments: Agenda Memo-Ordinance Amending Code of Ordinances(11-12-13) Ordinance- Amending 029900 and 029877 CH 55 of the Code Attachment 1 - Exhibit A SMF Payment and Appeals Process Attachment 2- Exhibit A Trip Factor Index Attachment 3- Red-lined Payment and Appeals Process COF-Ordinance amending appeals process(11-12-13) 15. 13-000810 Second Reading Ordinance - Lease Agreement with Atlantic Aviation for operation of Fixed Base Operator Lease on the west side of the airfield at the Corpus Christi International Airport(1st Reading 11112113) Ordinance authorizing the City Manager, or designee, to execute an Amended and Restated Hangar and Fixed Base Operator's Lease ("Lease") with Mercury Air Center- Corpus Christi, Inc., dba Atlantic Aviation ("Atlantic") for the operation of a commercial hangar and fixed base aviation operation on the west side of the airfield at the Corpus Christi International Airport ("Airport"), in consideration of annual rental fee paid by Atlantic to the City at fair market value based on the current professional property and land appraisal, for a term of five (5) years. Attachments: Agenda Memo-Atlantic Ordinance-Atlantic 8-23-13.pdf Atlantic FBO Lease 16. 13-001008 Second Reading Ordinance -Accepting and appropriating a Corpus Christi Page 7 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Federal grant for carrying out provisions of the Fair Housing Act (1st Reading 11/12/13) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant with U.S. Department of Housing and Urban Development; appropriating $64,450 in the No. 1071 Community Enrichment Grants fund for Fair Housing Assistance programs. Attachments: Agenda Memo-Approp of FHAP Partnership Funds Ordinance-appropriating US HUD funds for Human Relations department 1021 Award Ltr- FHAP Partnership Funds Apri12013 Amended Coop Agmt-for FHAP Partnership Award March2012 M. PUBLIC HEARINGS: (ITEMS 17 - 19) 17. 13-000995 Public Hearing and First Reading Ordinance -Rezoning from the "CR-1/10" Resort Commercial District with an Island Overlay and the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, on property located at 15229 Windward Drive. Case No. 1013-03 Nemo Court Construction, LLC: Rezoning from the "CR-1/10" Resort Commercial District with an Island Overlay and the "RM-AT/10" Multifamily AT District with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 10, 11 & 12R, Block 46 Padre Island- Corpus Christi Section A, located at the northwest corner of Windward and Robla Drives. Planning Commission and Staff Recommendation (October 23, 2013): Approval of the"RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay, subject to nine conditions. Ordinance Ordinance amending the Unified Development Code ("UDC') upon application by Nemo Court Construction, LLC, by changing the UDC Zoning Map in reference to Lots 10, 11 & 12R, Block 46, Padre Island - Corpus Christi Section A, from the "CR-1/10" Resort Commercial District with an Island Overlay and "RM-AT/10" Multifamily AT with an Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a Planned Unit Development Overlay; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 8 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Attachments: Agenda Memo- Nemo Court Construction, 15229 Windward Dr Map-Aerial Overview, Nemo Court Construction, 15229 Windward Dr Zoning Report-Nemo Court Construction, 15229 Windward Dr Ordinance- Nemo Court Construction, 15229 Windward Dr 18. 13-001010 Public Hearing and First Reading Ordinance -Adopting the MobilityCC unified transportation plan Ordinance adopting Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi ( " The City " ), by merging and modifying the existing Corpus Christi Urban transportation Plan and the Corpus Christi ADA Master Plan, for the City and its extraterritorial jurisdiction by establishing a unified transportation plan consistent with the public interest; repealing the existing Corpus Christi Urban transportation Plan, adopted by Ordinance#028504, March 9, 2010 repealing conflicting ordinances; amending conflicting provisions of the Comprehensive Plan; providing for severance; and providing for publication. Attachments: Agenda Memo- Mobility CC Transportaion Plan Ordinance- Mobility CC Transportation Plan Presentation- MobilityCC 11-19-2013 19. 13-001037 Public Hearing and First Reading Ordinance -Amending the Unified Development Code to adopt acceptable utility design standards Ordinance amending Articles 1 and 8 of the Unified Development Code relating to design standards, criteria, and requirements for design; requiring compliance with design standards issued by the City Engineer; and providing for severance, penalties, and publication. Attachments: Agenda Memo- UDC Text Amendment Ordinance- UDC Text Amendment.pdf PowerPoint- UDC Text Amendment.pdf N. REGULAR AGENDA: (ITEM 20) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 13-000592 Second Reading Ordinance -Amending the lease agreement with the Columbus Sailing Association regarding the Nina (1st Reading 719113) Ordinance authorizing the City Manager or designee to execute an amendment to the Lease Agreement with the Columbus Sailing Association ("CSA") for the lease of the Columbus ship, Nina; appropriating $8,800 of revenue in the No. 1020 General Fund from the Corpus Christi Page 9 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 sale of lead ballast from the Santa Maria for payment to CSA for the cost associated with the repair and restoration of the Nina; changing the FY 2012-2013 operating budget adopted by Ordinance No. 029565 by increasing revenues and expenditures by $8,800 each; providing an effective date; and providing for publication. Attachments: Agenda Memo-Amendment Lease Agreement regarding Nina Ordinance-Amendment LEASE AGREEMENT RE Nina Amended Ordinance-Amendment LEASE AGREEMENT RE Nina Amendment to Lease of Nina- Partially Executed 2013 O. FIRST READING ORDINANCES: (ITEMS 21 -27) 21. 13-001058 First Reading Ordinance -Accepting and appropriating a State grant for the State Homeland Security Program Ordinance authorizing the Mayor or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) in the amount of $126,807.57 for FY 2013 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and appropriating $126,807.57 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2013 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. Attachments: Agenda Memo-SHSP Ordinance-SHSP Award Notice-Sub-Recipient GrantAward 22. 13-001033 First Reading Ordinance -Accepting and appropriating State grant for homeland security for law enforcement terrorism prevention activities Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) in the amount of$38,598.00 for FY 2013 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and appropriating $38,598.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2013 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Corpus Christi Page 10 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Grants Fund to carry out law enforcement terrorism prevention and protection-oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment Attachments: Agenda Memo- LETPA sub-recipient award Ordinance- LETPA sub-recipient award Award Letter- LETPA sub-recipient award 23. 13-001035 First Reading Ordinance - Reimbursement agreement and appropriation of funds for water distribution main line located on the north side of State Highway 44, west of Clarkwood South Road (FM 2292), and west of North Padre Island Drive (SH 358) Ordinance authorizing execution of a distribution main extension construction and reimbursement Agreement ("Agreement") with Coyote Acres Real Estate Holdings, LLC ("Developer"), for the construction of a distribution waterline and appropriating $12,920.00 from the NO. 4030 Water Distribution Main Trust Fund to reimburse the developer in accordance with the agreement. Attachments: Agenda Memo-Coyote Acres Location Map-Coyote Acres,Water Reimbursement Ordinance-Coyote Acres,Water Reimbursement Agreement-Agenda Memo-Coyote Acres,Water Reimbursement 24. 13-001021 First Reading Ordinance -Exempting Water's Edge at Kitty Hawk Subdivision Unit I, located south of South Staples Street (FM 2444) and east of County Road 41, from wastewater lot/acreage fees Ordinance exempting Water's Edge at Kitty Hawk Subdivision Unit I, a subdivision located south of South Staples Street (FM 2444) and east of County Road 41, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo-Wastewater Exemption Water's Edge at Kitty Hawk Unit 1 Location Map-Wastewater Exemption Water's Edge at Kitty Hawk Unit 1 Ordinance-Wastewater Exemption Water's Edge at Kitty Hawk Unit 1 Agreement-Sanitary Sewer Connection-Water's Edge at Kitty Hawk Unit 1 25. 13-001019 First Reading Ordinance - Exempting Kitty Hawk Subdivison Unit II, located south of South Staples Street (FM 2444) and east of County Road 41, from wastewater lot/acreage fees Ordinance exempting Kitty Hawk Subdivision Unit II, a subdivision located south of South Staples Street (FM 2444) and east of County Road 41, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Corpus Christi Page 11 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Attachments: Agenda Memo-Wastewater Exemption Kitty Hawk Unit II Location Map-Wastewater Exemption Kitty Hawk Unit II Ordinance-Wastewater Exemption Kitty Hawk Unit II Agreement-Sanitary Sewer Connection-Kitty Hawk Unit II 26. 13-001020 First Reading Ordinance - Exempting Kitty Hawk Subdivision Unit III, located south of South Staples Street (FM 2444) and east of County Road 41, from wastewater lot/acreage fees Ordinance exempting Kitty Hawk Subdivision Unit III, a subdivision located south of South Staples Street (FM 2444) and east of County Road 41, from the payment of wastewater lot/acreage fees under Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo-Wastewater Exemption Kitty Hawk Unit III Location Map-Wastewater Exemption Kitty Hawk Unit III Ordinance-Wastewater Exemption Kitty Hawk Unit III Agreement-Sanitary Sewer Connection-Kitty Hawk Unit III 27. 13-001059 First Reading Ordinance -Accepting and appropriating State grant for Texas Medicaid Managed Care Initiative - 1115 waiver-Obesity Project Ordinance authorizing the advance of up to $2,000,000 from the No. 1020 General Fund to the Texas Health and Human Services Commission (TX HHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Transformation Waiver; and authorizing pass-through payment of up to $1,500,000 from the No. 9100 Nueces County Health District Fund for Nueces County's local match for County projects under the CCNCPHD 1115 Transformation Waiver; funds to be repaid from the CMS within 2 months of the advance for both the City's and the County's local match; Additionally, authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $2,100,000 from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2012 through September 30, 2014; and to ratify acceptance of the award fund to begin as of October 1, 2012. Attachments: Agenda Memo- 1115 Waiver Ordinance- 1115 Waiver Award Letter- RHP 4-CMS Initial Review Findings 5 23 13.pdf Informal Staff Report for Childhood Obesity Protect Corpus Christi Page 12 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 P. FUTURE AGENDA ITEMS: (ITEMS 28 -37) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 28. 13-001023 Purchase of child obesity prevention program Motion approving the purchase of child obesity prevention program from Healthy Weight Partnership, Inc., Boston, MA, based on sole source, for a total estimated three-year expenditure of$1,688,295, of which, approximately $335,425 will be required through the remainder of FY 2013/2014. Funds are budgeted in the Corpus Christi Nueces County Health District's (CCNCPHD) 1115 Transformation Waiver Fund. Attachments: Agenda Memo-Child Obesity Prevention Program.pdf Price Sheet-Child Obesity Prevention Program.pdf Service Agreement-Child Obesity Prevention Program.pdf 29. 13-001056 Service agreements for Child Obesity Prevention Program providers Motion approving service agreements for child obesity program prevention providers for the Corpus Christi Nueces County Public Health District (CCNCPHD) with the following organizations, for the following amounts, in accordance with Request for Qualifications No. BI-0015-14 for an estimated three-year expenditure of$1,398,000, of which $203,000 is required for FY 2013-2014. The term of the service agreements will be for three years. Funds are budgeted in the Corpus Christi Nueces County Public Health District (CCNCPHD) 1115 Transformation Waiver Fund. Corpus Christi I.S.D. Boys & Girls Club Boys & Girls Club Corpus Christi,TX Corpus Christi,TX Robstown, TX $954,000 $105,000 $105,000 YMCA of the Coastal Bend Taft I.S.D. Corpus Christi,TX Taft, TX $195,000 $39,000 Grand Total: $1,398,000 Corpus Christi Page 13 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Attachments: Agenda Memo-Child Obesity Prevention Program Providers.pdf Price Sheet-Child Obesity Prevention Program Providers.pdf Service Agreement-Child Obesity Prevention Program Providers-CCISD.pdf Service Agreement-Child Obesity Prevention Program Providers- Boys&Girls Service Agreement-Child Obesity Prevention Program Providers- Boys&Girls Service Agreement-Child Obesity Prevention Program Providers-YMCA of the Service Agreement-Child Obesity Prevention Program Providers-Taft I.S.D..P 30. 13-001068 Lease - purchase of one rescue pumper for emergency response Motion approving the lease purchase of one (1) rescue pumper from Siddons-Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (H-GAC), in the amount of$525,000 of which $9,252.69 is required in FY 2013-2014. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease/financing program. Attachments: Agenda Memo- Rescue Pumper Price Sheet- Rescue Pumper.pdf 31. 13-001022 Pre-Purchase of Pumps & Motors for Mary Rhodes Pipeline Phase 2 Motion approving the purchase of pumps and motors for Mary Rhodes Phase 2 from Smith Pump Company, Inc., Austin, Texas, based on lowest responsible proposer, pursuant to Request for Proposal number BI-0198-12, for a total expenditure of$4,554,446.20. Funds are budgeted in the Water Capital Improvement Project #7. Attachments: Agenda Memo- Mary Rhodes Phase 2 Pre-Purchase Pumps&Motors.pdf Price Sheet- Mary Rhodes Phase 2 Pre-Purchase Pumps&Motors.pdf Service Agreement- Mary Rhodes Phase 2 Pre-Purchase Pumps&Motors.pdf 30-yr Rate Forecast- Back-up Information Presentation- MRP 2 Council Update rev 32. 13-001048 Engineering construction inspection services contract for the public safety warehouse (Bond 2008) Motion authorizing the City Manager, or designee, to execute a Contract for Construction Inspection Services with AGCM, Inc. from Corpus Christi, Texas in the amount of $83,125, for inspection services required during the construction of the Public Safety Warehouse project. (Bond 2008) Corpus Christi Page 14 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Attachments: Agenda Memo- Public Safety Warehouse Project Budget- Public Safety Warehouse.pdf Location Map- Public Safety Warehouse.pdf PowerPoint- Public Safety Warehouse.pdf Contract- Public Safety Warehouse.pdf 33. 13-001029 Engineering construction inspection services contract for fire station no. 5 (Bond Issue 2008) Motion authorizing the City Manager, or designee, to execute a contract for Construction Inspection Services with AGCM, Inc. from Corpus Christi, Texas in the amount of $71,725, for inspection services required during the construction of Fire Station No. 5. Attachments: Agenda Memo- Fire Station No. 5 Relocation Project Budget- Fire Station No. 5 Relocation.pdf Contract- Fire Station No. 5 Relocation.pdf Location Map- Fire Station No. 5 Relocation.pdf PowerPoint- Fire Station No. 5 Relocation.pdf 34. 13-001038 Engineering design contract for Packery Channel Phase 3, Restroom Facilities Motion authorizing the City Manager, or designee, to execute an agreement for Engineering Design Services with Chuck Anastos Associates, LLC. in the amount of$193,500.00 for Packery Channel Phase 3, Restroom Facilities for design, bid and construction observation phase services. Attachments: Agenda Memo- Packery Channel Ph 3 Restroom Facilites Protect Budget- Packery Channel Ph 3 Restroom Facilities.pdf Contract- Packery Channel Restrooms.pdf Location Map- Packery Channel Restrooms.pdf Presentation- Packery Channel Ph 3 Restroom Facilites 35. 13-001046 Resolution delegating authority for alternative delivery methods to implement Texas Government Code Chapter 2269 related to contracting and delivery procedures for construction projects Resolution adopting rules to implement Chapter 2269 of the Government Code regarding contracting and delivery methods for construction projects; and delegating authority to implement Chapter 2269 to the City Manager. Attachments: Agenda Memo-Alt Delivery Methods Resolution -Alt Delivery Methods ExhibitA-Rules for Implementing Chapter 2269 Corpus Christi Page 15 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 36. 13-001057 Resolution approving the City's investment policy Resolution reaffirming the City of Corpus Christi's Investment Policy. Attachments: Agenda Memo- Investment Policy December 10, 2013.pdf Resolution -Reaffirming Investment Policy Investment Policy-December 10, 2013.pdf 37. 13-001050 Affordable Housing Agreement between the City of Corpus Christi and the Corpus Christi Business &Job Development Corporation Motion authorizing the City Manager, or designee, to execute an Affordable Housing Agreement between the City of Corpus Christi and the Corpus Chrisit Business &Job Development Corporation (CCBJDC). Attachments: Agenda Memo-for Existing Affordable Housinq Agreement-for Existing Affordable Housinq Program Guidelines-Attachment A Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 38 -42) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 38. 13-001047 Audit Firm Rotation Attachments: Agenda Memo- Presentation Audit Firm Rotation Presentation-Audit Firm Rotation Certification of funds-Audit Firm Rotation 39. 13-001088 Compressed Natural Gas (CNG)Vehicle Purchasing Requirements and Standards Attachments: Agenda Memo-CNG Breif.pdf Presentation-CNG Purchasing Requirements and Standards 40. 13-001040 Street Preventive Maintenance Program Annual Workplan Attachments: Agenda Memo-Street Preventive Maintenance Program Year One Presentation-SPMP 2014 Workplan and Update Map-with Bond protects SPMP Final Work Plan Street List- by Delivery Order Work Plan Street list-alphabetical Work Plan Street List- by District City Streets Seal Work Plan 41. 13-001036 Street Cuts and Sidewalk Maintenance Ordinance Revisions Corpus Christi Page 16 Printed on 211712014 City Council Meeting Agenda-Final November 19,2013 Attachments: Agenda Memo-Amending Code 49 Ordinance-Amending Code 49 Presentation-Chapter 49 Street Cut and Sidewalk Ordinance presentation 42. 13-001067 Affordable Housing - Federal and Non-Federal Funds Attachments: Agenda Memo-Affordable Housing- Federal and Non-Federal Funds Attachment B- Priority Needs and Levels 2013-2017 CAAP(B) Attachment C-Type AAnalysis of Revenues and Expenditures(C) Attachment D-Affordable Housing Income Limits 2013-2014(D) R. ADJOURNMENT Corpus Christi Page 17 Printed on 211712014 Cor us Christi 1201 Leopard Street p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, November 12, 2013 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Priest M S Chandrasekhar, Sri Venkateswara Temple Priest M S Chandrasekhar gave the invocation. C. Pledge of Allegiance to the Flag of the United States. Ms. Lisa Aguilar, Interim City Attorney gave the Pledge of Allegiance. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Assistant City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, Interim City Attorney Lisa Aguilar,and Assistant City Secretary Rebecca Huerta. Present: 9- Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations /Commendations 1. Proclamation declaring November 20, 2013 as the "16th Annual Worldwide GIS Day of the Coastal Bend 2013 - Discovering the World Through GIS" Mayor Martinez presented the Proclamation. G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Corpus Christi Page 1 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Comments. City Manager Ron Olson reported on the following issues: 1)The water reserve at the close of the day will be at 53%of total capacity and the water restrictions will transition from Stage 2 to Stage 1. 2)The Laredo Street Corridor Clean-up was a huge success with great participation.3)The Annual Citizen Survey is underway with the assistance of the Texas A&M University- Corpus Christi Research Department and the results will be available in late January or February.4)There will be a Special Council Meeting held on Monday, November 18th to conduct the canvassing of the Special Election. a. City Performance Report -Solid Waste Services City Manager Olson stated that as a continuing effort to utilize the new City Performance Reporting system, he will introduce one department at a time to brief the Council on the specifics of the individual departments. Director of Solid Waste Operations Lawrence Mikolajcyzk provided a briefing on the performance,goals,and mission elements of the Solid Waste Services Department. I. MINUTES: 3. Regular Meeting of October 29, 2013 and Special Meeting of October 31, 2013 A motion was made by Council Member Magill,seconded by Council Member Garza that the Minutes be passed. The motion carried by an unanimous vote. J. BOARDS &COMMITTEE APPOINTMENTS: 4. Committee for Persons with Disabilities Library Board Parking Advisory Committee Retired and Senior Volunteer Program Advisory Committee Mayor Martinez called for board and committee appointments.The following appointments were made: Committee for Persons with Disabilities-Richard Balli (Appointed) Library Board -John B. Keys (Reappointed); Brian Solarek,Julia Stafford,and Margareta Fratila(Appointed) Parking Advisory Committee-Jim Swan (Appointed) Retired and Senior Volunteer Program Advisory Committee-Judy Loverde (Appointed) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 5 - 12) Approval of the Consent Agenda Mayor Martinez called for the consent agenda.There were no comments from the Council or the public. The consent agenda was passed on one vote as follows: Corpus Christi Page 2 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 5. Lease purchase of eight (8) CNG freightliner trucks with trash bodies for brush collection Motion approving the lease-purchase of eight (8) Freightliner trucks with trash bodies from Freightliner of Houston, Houston, Texas for a total amount of$1,573,114.00. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). Funding is available from the city's lease-purchase financing contractor. This Motion was passed on the Consent Agenda. Enactment No: M2013-167 6. Lease purchase of six (6) CNG Peterbilt trucks with automated side loaders for refuse collection Motion approving the lease-purchase of six (6) Peterbilt trucks with automated side loaders from Rush Truck Centers of Texas, L.P., Houston, Texas for a total amount of$1,897,112.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the city's lease-purchase financing contractor. This Motion was passed on the Consent Agenda. Enactment No: M2013-168 7. Supply agreement for water meters and registers Motion approving a supply agreement with Neptune Technology Group, Inc., Tallassee, Alabama for water meters and registers for a total estimated expenditure of$635,968.48. The award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments (HGAC). The term of the agreement shall be for nine (9) months. Funds have been budgeted by the Water Department in FY 2013 - 2014. This Motion was passed on the Consent Agenda. Enactment No: M2013-169 8. Engineering monitoring contract-for salinity and freshwater inflow monitoring Rincon Bayou Diversion - Nueces Bay System Corpus Christi Page 3 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Motion authorizing the City Manager, or designee, to execute a Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of$94,605.00 for Rincon Bayou Diversion - Nueces Bay System Salinity and Freshwater Inflow Monitoring 2013-2014. This Motion was passed on the Consent Agenda. Enactment No: M2013-170 9. Engineering monitoring contract-for Nueces River water quality, Oso Creek water level and City of Corpus Christi meteorological monitoring Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Monitoring Services with the Conrad Blucher Institute at Texas A&M University - Corpus Christi in the amount of$93,381.00, for a total restated fee of$456,642.00 for Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2013. This Motion was passed on the Consent Agenda. Enactment No: M2013-171 10. Second Reading Ordinance - Designating the City as designated caretaker of impounded animals (1st Reading 10129113) Ordinance amending section 6-1(a) "definitions" by adding the definition of designated caretaker; amending section 6-103(g)(1) "Dispositions of animals" of the Corpus Christi Code by designating the City as designated caretaker of impounded animals; providing an effective date; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030001 11. Second Reading Ordinance - Accepting and appropriating State grant funds for Women, Infants and Children grant (WIC) (1st Reading 10129113) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $447,758.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program; and to ratify acceptance of the grant to begin as of October 1, 2013 This Ordinance was passed on second reading on the Consent Agenda. Corpus Christi Page 4 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Enactment No: 030002 12. Second Reading Ordinance -Appropriating funds to reimburse the developer for the construction of a wastewater lift station (1st Reading 10/29/13) Ordinance appropriating $411,387.25 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Forestar (USA) Real Estate Group, Inc., ("Developer") for the construction of Tortuga Dunes/Zahn Road/Packery Channel wastewater lift station and force main improvements in accordance with the approved reimbursement agreement executed with the Developer. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030003 M. PUBLIC HEARINGS: (ITEMS 13 - 14) 13. Public Hearing and First Reading Ordinance -Rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District, on property located at 7546 Slough Road. Case No. 1013-01 Braselton Homes - Shoreline Oaks, Ltd.: A rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located north of Slough Road and at the east end of Russ Lane. Planning Commission and Staff Recommendation (October 23, 2013): Approval of the rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Braselton Homes - Shoreline Oaks, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 13. Annika Gunning with Development Services stated that the purpose of this item is to rezone a 4.73-acre tract of land to allow construction of a standard single-family subdivision.She said that Planning Commission and staff were in favor of the zoning change. Corpus Christi Page 5 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Council Member Loeb made a motion to open the public hearing,seconded by Council Member Leal and passed. There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing,seconded by Council Member Leal and passed.Assistant City Secretary Huerta stated that Council Member Scott submitted a conflict of interest form and abstained from the vote on this item.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 1 - Council Member Scott 14. Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District, on property located at 6921 and 7522 Weber Road and along the east side of the Oso Creek. Case No. 0713-02 City of Corpus Christi: A rezoning from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District on property described as being an approximately 82-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, located on the south side of Weber Road and on the east and west sides of Yorktown Boulevard. Planning Commission and Staff Recommendation (September 25, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference an approximately 82-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 14.Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject properties to a zoning district that will create greater compatibility with and protect public safety under the Navy flight patterns and are consistent with the City's Comprehensive Plan and Joint Land Use Study. Ms. Gunning said Planning Commission and staff were in favor of the zoning change. Council Member Scott made a motion to open the public hearing,seconded by Council Member Magill and passed. Mayor Martinez called for comments from the public. Richard Avila stated that he purchased his property with the understanding that the property would remain residential; however he would not oppose a decision of the Navy if this zoning is required.Senior Planner Bob Payne Corpus Christi Page 6 Printed on 1111412013 City Council Meeting Minutes November 12,2013 explained that the Joint Land Use Study was a collaborative effort between the City, Navy, Nueces County and Texas A&M University-Corpus Christi and approved by the City Council to create a safer community near or around the airport. Council Member Loeb made a motion to close the public hearing, seconded by Council Member Scott and passed.Assistant City Secretary Huerta stated that the 20% rule is in effect. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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. Mayor Martinez deviated from the agenda and called for comments from the public. John Kelley, Craig Pierce, and Susie Luna Saldana, representing Neighborhoods First, provided a list of recommended steps as a result of the election including addressing infrastructure, implementation of a portion of Destination Bayfront Phase I for Sherrill Park;Shoreline Realignment and parking;and the language on the ballot for Proposition One.James Fitzgerald informed the Council of his group's attempt to bring the U.S.S. Corpus Christi to the City and asked for the Council's support.Abel Alonzo thanked the Mayor and staff for their work on the recent cleanup and thanked the community leaders for their donations to the Westside Business Association Navidad de Los Ninos. Johnny French requested a copy of the 2008 Bayfront Development Plan Phase 3 and requested that the construction be frozen. Mary Lou Huffman spoke regarding illegal dumping in the Agnes Street area. Dan Vera spoke regarding personal issues at his mother-in-law's property with the electric provider.John May requested that the 2008 Bond issue be placed on the City's website.Tom Hollingsworth spoke regarding possible reasons that Destination Bayfront failed to pass.Jill Tovar spoke regarding street and sidewalk conditions on Rolston Avenue. Carlos Torres, President of the Corpus Christi Firefighters Association invited the Council and public to the Cancer Awareness Relief Effort(CARE) press conference on Wednesday, November 13th at 12:00 noon at 6014 Ayers Street. O. FIRST READING ORDINANCES: (ITEMS 23) 23. First Reading Ordinance -Lease Agreement with Atlantic Aviation for operation of Fixed Base Operator Lease on the west side of the airfield at the Corpus Christi International Airport Ordinance authorizing the City Manager, or designee, to execute an Amended and Restated Hangar and Fixed Base Operator's Lease Corpus Christi Page 7 Printed on 1111412013 City Council Meeting Minutes November 12,2013 ("Lease") with Mercury Air Center- Corpus Christi, Inc., dba Atlantic Aviation ("Atlantic") for the operation of a commercial hangar and fixed base aviation operation on the west side of the airfield at the Corpus Christi International Airport ("Airport"), in consideration of annual rental fee paid by Atlantic to the City at fair market value based on the current professional property and land appraisal, for a term of five (5) years. Mayor Martinez deviated from the agenda and referred to Item 23. Director of Aviation Fred Segundo stated that the purpose of this item is authorize the City Manager to execute a five-year West-End Fixed Based Operator(FBO) lease agreement at the Corpus Christi International Airport with Atlantic Aviation. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 H. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez deviated from the agenda and referred to the day's executive session.The Council went into executive session. 2. Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding Cause No. 13-10-00272-CV, styled Michele L. Cantu, individually and as next friend of Shantel Alaniz and Isaiah Vasquez, minor children v. City of Corpus Christi, Cause No. 2012CCv-60497-4, for discussion and possible action in open session The Council returned from executive session. Mayor Martinez stated that the following motion was discussed in e-session for Council consideration. Motion authorizing the City Manager to execute a settlement agreement in Cause No.2012CCV-60497-4, Michele L. Cantu, Individually and as Next Friend of Shantel Alaniz and Isaiah Vasquez vs. City of Corpus Christi, in the County Court at Law No.4, Nueces County,Texas. Council Member Garza made a motion to approve the motion as presented, seconded by Council Member Leal and passed. Enactment No: M2013-166 M. PUBLIC HEARINGS: (ITEM 15) 15. Public Hearing and First Reading Ordinance -Rezoning from the "RS-6" Single-Family 6 District to the "IC" Industrial Compatible District, on property located at 6921 and 7539 Weber Road and 7030, 7033, 7057, 7058, 7110, and 7130 Brezina Road. Corpus Christi Page 8 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Case No. 0713-03 City of Corpus Christi: A rezoning from the "RS-6" Single-Family 6 District to the "IC" Industrial Compatible District on property described as being an approximately 102.287-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, and Lots 2, 4-A and 5, Block 2, and Lot 2, Block 1, Brezina Farm Tracts, located between Bratton and Weber Roads, and east and west of Bratton Road. Planning Commission and Staff Recommendation (October 9, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District. Ordinance Ordinance amending the Unified Development Code ("UDC"), upon initiation by the City of Corpus Christi, Texas, by changing the UDC Zoning Map in reference an approximately 102.287-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, and Lots 2, 4-A and 5, Block 2, and Lot 2, Block 1, Brezina Farm Tracts, from the "RS-6" Single-Family 6 District to the "IC" Industrial Compatible District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 15.Annika Gunning with Development Services stated that the purpose of this item is to rezone the subject properties to a zoning district that will create greater compatibility with and protect public safety under the Navy flight patterns and are consistent with the City's Comprehensive Plan and Joint Land Use Study. Ms. Gunning said Planning Commission and staff were in favor of the zoning change. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Magill and passed.There were no comments from the Council or the public. Council Member Garza made a motion to close the public hearing, seconded by Council Member McIntyre and passed. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Scott Abstained: 0 N. REGULAR AGENDA: (ITEM 16) 16. Approving the Staples Street station or terminal complex under the Texas Transportation Code Resolution Approving the Staples Street Station of the Corpus Christi Regional Transportation Authority as a Station or Terminal Complex under the provisions of Chapter 451 of the Texas Transportation Code. Corpus Christi Page 9 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Mayor Martinez referred to Item 16. Interim Assistant City Manager Mark Van Vleck stated that the purpose of this item is to adopt a resolution requested by the Regional Transportation Authority(RTA) stating that the RTA is in compliance with the City's land use plans. Mr.Van Vleck added that this resolution is required by the RTA's bond counsel.There were no comments from the Council or the public.This Resolution was passed and approved with the following vote: Aye: 7- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2- Council Member Allen and Council Member Scott Abstained: 0 Enactment No: 030004 O. FIRST READING ORDINANCES: (ITEMS 17 -24) 17. First Reading Ordinance -Appropriating funds for one time expenditures for Police Department Ordinance appropriating $678,805 from the unreserved fund balance in No. 9010 Crime Control District Fund for"one-time" expenditures in the FY 2013-2014 operating budget, and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing appropriations by $678,805. Mayor Martinez referred to Item 17. Police Chief Floyd Simpson stated that the purpose of this item is to appropriate$678,805 from the Crime Control District Fund for the purchase of"one-time"expenditures including speed trailers, video surveillance equipment,a drug canine replacement, patrol rifles, radars, tasers, automated ticket writers,computerized target system and stripping for black and white marked units.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 18. First Reading Ordinance - Extending lease agreement for Juvenile Assessment Center at Wilson Plaza Ordinance to authorize City Manager, or designee, to execute a 24 month lease extension agreement, with Wilson Plaza Associates LP, for first floor, suite#105, approximately 4,802 square feet of the Wilson Building, 601 Carancahua/615 Leopard, for$4,882 monthly Corpus Christi Page 10 Printed on 1111412013 City Council Meeting Minutes November 12,2013 rental payment. Mayor Martinez referred to Item 18.Assistant Director of Parks and Recreation Stacie Talbert stated that the purpose of this item is extend the lease agreement for the Juvenile Assessment Center at the Wilson Plaza Building. Mayor Martinez called for comments from the public and there were none. In response to council member questions, Ms.Talbert explained that the Juvenile Assessment Center is used by case managers and for curfew violations.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 19. First Reading Ordinance - Renewal of lease agreement for Dick Runyan Field at Price Park Ordinance authorizing the City Manager or designee to execute a one year lease agreement with Incarnate Word Academy for the use of Dick Runyan Field at Price Park Mayor Martinez referred to Item 19.Assistant Director of Parks and Recreation Stacie Talbert stated that the purpose of this item is to renew the lease agreement for Dick Runyan Field at Price Park with Incarnate Word Academy. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 20. First Reading Ordinance - Interlocal agreement for North Beach nourishment project Ordinance to authorize the City Manager or designee to execute contract documents with Texas General Land Office for the North Beach Nourishment project, with cost sharing of$75,000 by City of Corpus Christi and $225,000 Coastal Erosion Planning and Response Act (CEPRA) funds. Mayor Martinez referred to Item 20.Assistant Director of Parks and Recreation Stacie Talbert stated that the purpose of this item is to approve an interlocal agreement for the North Beach Nourishment Project with the Texas General Land Office.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 11 Printed on 1111412013 City Council Meeting Minutes November 12,2013 Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 21. First Reading Ordinance -Approving reimbursement agreement and appropriation for construction of wastewater collection line at the south side of Interstate 37, east of Suntide Road, and west of Hunter Road Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Embree Asset Group, Inc., ("Developer"), for the construction of a wastewater collection line and appropriating $11,519.40 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the developer in accordance with the agreement. Mayor Martinez referred to Item 21. Barney Williams with Development Services stated that the purpose of this item is to authorize execution of a wastewater collection line extension construction and reimbursement agreement with Embree Asset Group Inc. and appropriate funds for reimbursement. There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Scott Abstained: 0 22. First Reading Ordinance -Amending the Code of Ordinances to refine street maintenance fee payment and appeals process; and modify the street maintenance fee trip factor index for certain Institute of Traffic Engineers (ITE) Codes Ordinance amending the Street Maintenance Fee Payment and Appeals Process adopted by Ordinance No. 029900 on July 16, 2013; amending Exhibit "A" of Ordinance No. 029877 adopted on June 25, 2013 to modify, for consistency purposes, certain Institute of Transportation Engineers (ITE) Codes; and amending Article XX of Chapter 55 of the Code of Ordinances to codify the modified Trip Factor Index. Mayor Martinez referred to Item 22. Director of Storm Water and Street Operations Valerie Gray stated that the purpose of this item is to amend the Street Maintenance Fee Payment and Appeals process and modify and codify the Trip Factor Index. Mayor Martinez called for comments from the public and there were none. Council members asked questions regarding the following Corpus Christi Page 12 Printed on 1111412013 City Council Meeting Minutes November 12,2013 topics: the additional staff time and impact to low income customers for qualifying the Low Income Discount applications internally;whether a certified appraiser could provide documentation required; how customers are reminded that they must reapply annually;and identification of the low income areas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 24. First Reading Ordinance -Accepting and appropriating a Federal grant for carrying out provisions of the Fair Housing Act Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant with U.S. Department of Housing and Urban Development; appropriating $64,450 in the No. 1071 Community Enrichment Grants fund for Fair Housing Assistance programs. Mayor Martinez referred to Item 24. Human Relations Administrator Sylvia Wilson stated that the purpose of this item is to accept and appropriate a $64,450 grant from the U.S. Housing and Urban Development to enhance the Fair Housing Assistance Program.There were no comments from the Council or the public.This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 1 - Council Member Allen Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 25 -27) Mayor Martinez referred to the Future Agenda.Assistant City Manager Susan Thorpe stated that staff did not have any planned presentations.The Council did not have any questions regarding Items 25-27. 25. Purchase of one pickup truck for beach use, one CNG pickup truck for litter enforcement, and two CNG pickup trucks for the Strike Force Motion approving the purchase of four (4) pickup trucks from Philpott Motors, Nederland, Texas for a total amount of$129,928.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available in the Park & Recreation operations budget. Corpus Christi Page 13 Printed on 1111412013 City Council Meeting Minutes November 12,2013 This Motion was recommended to consent agenda 26. Construction contract for adjustments to water lines and valves for State Highway 286 Motion authorizing the City Manager, or designee, to execute a construction contract with Jhabores Construction Company, Inc. of Corpus Christi, Texas in the amount of $257,871 for State Highway (SH) 286 Water Line and Valve Adjustment project for the base bid. This Motion was recommended to consent agenda 27. Reimbursement resolution for Mary Rhodes Pipeline, Phase 2 Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. This Resolution was recommended to consent agenda Q. BRIEFINGS TO CITY COUNCIL: (NONE) R. ADJOURNMENT The meeting was adjourned at 2:02 p.m. Corpus Christi Page 14 Printed on 1111412013 PH AGENDA MEMORANDUM aapoR,EO Future Item for the City Council Meeting of November 12, 2013 1852+ Action Item for the City Council Meeting November 19, 2013 DATE: November 12, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a)-cctexas.com (361) 826-3169 Michael Morris, Director of Parks and Recreation michaelmo(cD-cctexas.com (361) 826-3464 Purchase of Pickup Trucks CAPTION: Motion approving the purchase of four (4) pickup trucks from Philpott Motors, Nederland, Texas for a total amount of $129,928.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available in the Park & Recreation operations budget. PURPOSE: One (1) 4-wheel drive truck will be used for litter enforcement on the Gulf Beach. One (1) truck will be used for litter enforcement in the Tourist District. Two (2) trucks will be used for the Strike Force. All of the trucks are additions to the fleet. BACKGROUND AND FINDINGS: With the exception of the beach truck, all other vehicles are equipped with CNG. ALTERNATIVES: Factory-installed CNG engines for half-ton pickup trucks are not yet available from Ford. The pickup truck needed for the beach operations is 4-wheel drive and is configured with a 5.0 liter, V-8 engine. A three quarter-ton pickup truck is available in a 4-wheel drive, V-8 engine configuration, but this size truck does not work well on the beach and the closest CNG fueling station to the island is the City's Service Center at Holly and Ayers Streets. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation Department. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget $216,268.98 $216,268.98 Encumbered / Expended Amount 86,340.75 0 86,340.75 This item 129,928.23 0 $129,928.23 BALANCE 0 0 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION PICKUP TRUCKS BUYER: GERALD GOODWIN TLGPC CONTRACT NO. 358-10 PHILPOTT MOTORS NEDERLAND, TEXAS UNIT TOTAL ITEM DESCRIPTION QTY. I UNIT PRICE PRICE 1 Ford F150 XLT Super Crew 4x4 pickup truck, gasoline 1 Each $28,559.10 2 Ford F250 XL Extended Cab pickup truck, CNG 1 Each $32,219.91 3 Ford F250 XLT Crew Cab pickup truck, CNG 2 Each $34,574.61 $69,149.22 TOTAL: $129,928.23 se Q d'k0ORPOR 1, 1852 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of October 29, 2013 Action Agenda Item for the City Council Meeting of November 12, 2013 DATE: October 16, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826-3729 Gustavo Gonzalez, P. E., Director of Water Operations gustavogo@cctexas.com (361) 826-1874 Execute Construction Contract Construction contract for adjustments to water lines and valves for State Highway 286 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Jhabores Construction Company, Inc. of Corpus Christi, Texas in the amount of $257,871 for State Highway (SH) 286 Water Line and Valve Adjustment project for the base bid. PURPOSE: The purpose of this Agenda Item is to execute the construction contract for the SH 286 water line and valve adjustment project. BACKGROUND AND FINDINGS: The project's base bid consists of waterline adjustments on SH 286 from the J. C. Elliott Landfill to 3,000-feet past FM 43; including removal of approximately 7,000-linear feet of the existing waterline and installation of approximately 2,200-linear feet of new waterlines. All water infrastructure will be constructed in accordance with the plans, specifications and contract documents. The Texas Department of Transportation (TxDOT) currently has an improvement project ready for construction on SH 286 which will begin construction in January 2014. The TxDOT project will widen SH 286 and provide overpasses at the J.C. Elliot Landfill K:\ENGINEERING\LEGISTAR\11-OCTOBER 29\SH286 WATERLINES\VELMA'S DOCS\AGENDA MEMO-SH 286 WATER LINES AND VALVES ADJUSTS.DOCA entrance as well as at the intersection with FM 43 (Weber Road). By State law, the City of Corpus Christi is required to adjust any utilities that conflict with the TxDOT improvements or that do not comply with State law requirements. All of the adjustments in this proposed water line adjustment construction contract are required. A portion of the water line adjustment (at FM 43) will have up to a six month delay due to the TxDOT right-of-way acquisition schedule. All work will be complete by July 2014. Consultant services included sub-surface utility exploration, design, bidding and construction administration services. The design portion ($27,530) was 10.7% of the proposed construction contract. The sub-surface data provided the consultant with information to design the project efficiently thus lower construction dollars. Also, to the advantage of the City, the low bidder is the sub-contractor for the TxDOT SH 286 project. As demonstrated by a bid price ($257,871.00) which was significantly lower than the Engineer's Opinion of Probable Cost. On September 18, 2013, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Jhabores Construction Company, Inc. Corpus Christi, Texas $257,871.00 Clark Pipeline Services Corpus Christi, Texas $487,405.09 ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's consultant, RVE, Inc., conducted a bid analysis of the two (2) proposals submitted to the City. RVE, Inc. determined that the lowest responsible bidder based on the Total Base Bid is Jhabores Construction Company, Inc. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A-28, A-29, and A-30, Jhabores Construction Company, Inc., has the experience and resources to complete the project and is recommended by RVE, Inc. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria and FY 2013-2014 Water Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Water Operations Department T� K:\ENGINEERING\LEGISTAR\11-OCTOBER 29\SH286 WATERLINES\VELMA'S DOCS\AGENDA MEMO-SH 286 WATER LINES AND VALVES ADJUSTS.DOCA V FINANCIAL IMPACT: CIP Project to Date Fiscal Year Expenditures Current Year Future TOTALS 2013-2014 (CIP only) Years Line Item Budget $2,500,000.00 $2,500,000.00 Encumbered / Expended Amount Future Anticipated $107,236.30 $107,236.30 Expenses This item $257,871.00 $257,871.00 BALANCE $2,134,892.70 $2,134,892.70 Fund(s): Water CIP Comments: The project requires 45 calendar days, with a 6 month delay for Part E (Water Line adjustment at FM 43) with anticipated completion approximately July 2014 at the latest. Thus, funding for this contract will only be required during Fiscal Year 2013-2014. RECOMMENDATION: City staff recommends that the construction contract be awarded to Jhabores Construction Company, Inc. of Corpus Christi, Texas in the amount of $257,871 for the SH 286 Water Lines and Valves Adjustments for the Base Bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map K:\ENGINEERING\LEGISTAR\11-OCTOBER 29\SH286 WATERLINES\VELMA'S DOCS\AGENDA MEMO-SH 286 WATER LINES AND VALVES ADJUSTS.DOCA PROJECT BUDGET SH 286 WATER LINES AND VALVES ADJUSTMENTS (Project No. E13066) Future Agenda November 12, 2013 Action Agenda November 19, 2013 FUNDS AVAILABLE: Water CIP................................................................................................... $2,500,000.00 FUNDS REQUIRED: Construction (Jhabores Construction Company, Inc.) Base Bid............................... $257,871.00 Contingencies (10%)...................................................................................... 25,787.10 Consultant Fees: Consultant Design (RVE, Inc.) *....................................................................... 49,860.00 Construction Materials Testing.......................................................................... 5,157.42 Reimbursements: Contract Administration (Contract Preparatio n/Awa rd/Ad min)................................. 7,091.45 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)..................................... 9,025.49 Construction Observation Services................................................................... 9,025.49 Misc. (Printing, Advertising, etc.)...................................................................... 1,289.36 TOTAL....................................................................................................... $365,107.30 BALANCE................................................................................................... $2,134,892.70 * Consultant Design Contract awarded on July 22, 2013 to RVE, Inc. (administrative approval). Construction Observation Services is not included in Consultant Design Contract. \ praject\councilexhibits\exhF7,3066.dwg BEAR 71IV4� i r PRC ,tECT L7�CATN©N WOT LAND .� L ISS F.M. 43 3,,. I ' ,. % o L FM 2444 SITE LOCATION MAP PROJECT# E13066 CITY COUNCIL EXHIBIT .'ETA TE HIGHWAY 286 WATER LINES AND CITY OF CORPUS CHRIS-n, °t ' AS DEPARTMENT OF ENGINEERING' SERVICES T PAGE. 1 of 1 , G° SC 'M000FpRR1 0 is AGENDA MEMORANDUM Future Agenda for the City Council Meeting of November 12, 2013 Action Item for the City Council Meeting of November 19, 2013 DATE: November 12, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP @cctexas.com (361) 826-3227 Gus Gonzalez, P.E., Director of Water Operations GustavoGo @cctexas.com (361) 826-1874 Reimbursement Resolution for Mary Rhodes Pipeline, Phase 2 CAPTION: Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: Since the City intends on awarding contracts for the construction of Mary Rhodes Pipeline, Phase 2 prior to the revenue bonds actually being sold, this resolution is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds. BACKGROUND AND FINDINGS: In order to adhere to the time schedules sent forth to insure timely completion of the Mary Rhodes Pipeline, Phase 2 project, the City must move forward with contracts prior to the completion of the final closing on the bonds. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/ NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: (CIP Only) Year Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of(date) - - -This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) constructing, improving, enlarging, repairing, and extending the City's combined utility system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii)the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii)the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and(iv)the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition,construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and III A , the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $150,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately t o m ake such reimbursement before making the expenditures; and 962010992 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now,therefore, BE IT Rf�SOLVED BY THE CITY COUNCIL OFT CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds", as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. -2- 96201099.2 SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time,place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SCTI 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] _ _ 96201099.2 THE STATE OF TEXAS COUNTY OF NUECES 1, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 19th day of November, 2013, relating to establishing the City's intention to reimburse itself in an amount not to exceed $150,000,000 for public improvements throughout the City, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the _ day of 2013. City Secretary (CITY SEAL) -5- 96201099.2 PASSED AND ADOPTED on the 1 '' day of November,2013. CITY OF CORPUS CIII.ITI, TEXAS Mayor City Secretary APPROVED THIS DAY OF 1 : City Attorney -. 96201094.2 �o f� AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of November 12, 2013 Second Reading Ordinance for the City Council Meeting of November 19, 2013 DATE: October 10, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3246 Rezoning from Cottage Housing to Low Density Residential by Braselton Homes — Shoreline Oaks, Ltd. Property Address: 7546 Slough Road CAPTION: Case No. 1013-01 Braselton Homes — Shoreline Oaks, Ltd.,- A change of zoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District. The property is described as being a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located north of Slough Road and at the east end of Russ Lane. PURPOSE: The purpose of this item is to rezone the property to allow construction of a standard single-family subdivision. RECOMMENDATION: Staff Recommendation: Approval of the change of zoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District. Planning Commission Recommendation (October 23, 2013): Pending. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District to allow the construction of a standard single-family subdivision. The requested change of zoning, when compared to the "CH" District, would decrease the density of dwelling units and would require larger lot sizes. The applicant is requesting a rezoning because the consumer demand for lots in the "RS-4.5" District is higher than Cottage Housing lots. The proposed rezoning is consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for low density residential uses. The proposed rezoning is consistent with the land use and zoning patterns of adjacent properties. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's Comprehensive Plans and Future Land Use Plan. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits " � l k � 1 l I Ilu � " r ' ' 1 f, lip r '�rw��� m{�� I � "r^✓yid 'w r�yu'� 7 � "' � ��P �I��M�i�", err- � �r. u Wp r m . r �" W dl �" i�yM1 + .� "ia^� � ��� "� �' �`"d hN r"°'IY I „� Y�"",,����''J� ,,✓n • � ��d �� ",..,,, � � .v.,' � �'�'}' it, ��" !�6' '� adw � ,�I"'7,m� � ,. ,'h�. fir` ' " . 77 �µ err e r ark " n 119 f rt m 1r1�41 Yr r lly�rP l ✓ ,cw f k '� f p 7 ������'� �j�" " f w� ^�%„,,� (+a v r ";o Y✓ r,J' q �'�;,, „ "V U�li Il u, %�`� r^,?J�i,"lf' /e l d/iPf��1�r� JV/1 i,r; o rrxrill��x2ll f P 'r� 1” �rWr�p ' ^; xuJ Jhimn�� r.w'l��mFJ��`m•'� '� � `� �„hi ^��'� „r�w`1 µ.,, �'� k f��.,. w t, F4"�rp f ri p axle n�✓�A � V1 {�1�4,;'�lrK i 1�r', i� �� w�y1l�i i CITY COUNCIL ZONING REPORT Case No. 1013-01 HTE No. 13-10000032 Planning Commission Hearing Date: October 9, 2013 Applicant/Owner: Braselton Homes — Shoreline Oaks, Ltd. Representative: Urban Engineering 0 0-a Legal Description/Location: Being a 4.73-acre tract of land out of Lot 29, cL J 0 Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located north of Q°a 0 Slough Road and at the east end of Russ Lane. 0 }, From: "CH" Cottage Housing District To: "RS-4.5" Single-Family 4.5 District 'o a Area. 4.73 acres N 0 Purpose of Request: To allow construction of a standard single-family subdivision. Existing Zoning Existing Land Use Future Land Use District Site "CH" Cottage Housing Vacant Low Density Residential "RS-4.5" Single-Family Low Density North 4 5 Vacant Residential •E 0 "RS-4.5" Single-Family Low Density South Vacant 4.5 Residential y J East "RS-4.5" Single-Family Vacant Low Density w 4.5 Residential Park, Low Density Low Density West "CH" Cottage Housing Residential, & Vacant Residential Area Development Plan: The subject property is located within the cL c boundaries of the Southside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS-4.5" Single-Family a c 4.5 District is consistent with the adopted Future Land Use Plan. a Map No.: 041031 & 041030 Zoning Violations: None c ° Transportation and Circulation: The subject property is currently landlocked and does not have any street frontages. The site will have future frontage ° along Russ Lane and Kolda Drive, which are local residential streets. The CL y subject property will have access to Slough Road, which is a proposed "Cl" c Minor Residential Collector street. H Zoning Report Case#1013-01 Braselton Homes—Shoreline Oaks, Ltd. Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District to allow the construction of single-family dwellings with minimum lot sizes of 4,500 square feet, 45-foot lot widths, and 20-foot front yard requirements. The applicant is requesting a rezoning because the consumer demand for lots in the "RS-4.5" District is higher than cottage lots. The requested change of zoning, when compared to the "CH" District, would allow a lower dwelling unit density and larger lot sizes. Development Plan: The proposed rezoning is within The Cottages at Southlake subdivision. The subject property was planned for 40 cottage housing lots. After the rezoning, the applicant plans to subdivide the subject property into 32 single-family lots. West of the subject property is an existing cottage housing development consisting of 20 cottages. Based on the number of lots proposed, two external access points to the City's roadway network will be required. Existing Land Uses & Zoning: North, east, and south of the subject property is vacant land zoned "RS-4.5" Single-Family 4.5 District. West of the subject property is a cottage housing development, which is currently under construction and zoned "CH" Cottage Housing District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Future Land Use Plan's designation of the property as low density residential. Additionally, the following pertinent elements of the Comprehensive Plan should be considered: - The housing and population density of the City should respond to changing market trends, consumer preferences, economic realities, and design technology (Residential Land Use Policy B). - Traffic hazards should be lessened by discouraging through traffic within residential areas (Residential Land Use Policy J). Plat Status: The subject property is not platted. A preliminary plat was approved for The Cottages at Southlake subdivision. A revised preliminary plat is under review and is consistent with the proposed rezoning. Zoning Report Case#1013-01 Braselton Homes—Shoreline Oaks, Ltd. Page 3 Department Comments: • A change of zoning from the "CH" Cottage Housing District to the "RS-4.5" Single- Family 4.5 District would lower the dwelling unit density of the subdivision. A lower density is consistent with the Future Land Use Plan's designation of the property as low density residential. • The proposed rezoning is an expansion of the "RS-4.5" Single-Family 4.5 District located north, south, and east of the subject property. The proposed rezoning is consistent with the land use and zoning patterns of adjacent properties. • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for low density residential uses. • The proposed rezoning is a response to market demands and the subject property is suitable for the proposed use. Staff Recommendation: Approval of the change of zoning from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District. Planning Commission Recommendation (October 23, 2103): Pending Number of Notices Mailed — 37 within 200' notification area; 4 outside notification area; 0 As of October 10, 2013: In Favor — 1 (inside notification area); 0 (outside notification area) a 0 In Opposition — 0 (inside notification area); 0 (outside notification area) Totaling 0.00% in opposition of the land within the 200-foot notification area.. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan K:\DevelopmentSvcs\S HARE D\ZONING CASES\2013\1013-01 Braselton Homes\Council Docs\1013-01 Zoning Report for CC,Braselton Homes.docx N " RS - 6 N o N „ a h h 21 RM- 1 RS - 6 35 - 7 9 0 "19 N 5 SUBJECT 29 " X34 "36 X 8 "317 "~— 18 PROPERTY �20 30 N N N C�H. M ��1�6 3 N w /rplBOq` „ N2 O,p 1 N 0 2M 3211 h a 10 N RS -4 . 5 RS - 6 2226 w a 2 28 0 N RS 12 N a , N — " 24 V LO• �v M Date Created:9113301 0 400 800 Prepared By JEREM�YM Feet Department of Development Services M CASE: 1013-01 �y ZONING & NOTICE AREA �P yo Rp RM-1 Multifamily 1 IL Light Industrial ��o<• RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay p� ON Professional Office RS-10 Single-Family 10 4 RM-AT Multifamily AT RS-6 Single-Family 6 SUBJECT CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 PROPERTY 4 CN-2 Neighborhood Commercial RS-TF Two-Family ?� cayo Del oso CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse os CG-2 General Commercial Sp Special Permit oiOiryy yOq Qa`�q �R CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural N H Historic Overlay BP Business Park -- �p�,p Subject Property Owners -- SOCRFFk City of with 200'buffer O in favor �_ Corpus 4 Owners within 200'listed on v Owners LOCATION MAP Christi attached ownership table /�in opposition m � M O Z gm= N o m agn W o p c� �a 6� E E �oemai c'mn �r,mm m N I p=YUm w;um 3 cn W gW�W 4r o o I oy v ^z v IN \ of o m �� w a ,l W E is m ry LL $ q C N p N $v�-i 1--• X -O 0��o p�N O d N co O Z Q = oM, -I- 0 -n-0 o_ 'f 0 aZ O O o-�N d �O v�Z� �, :m,^s. a o a�i _ 0026[ S1— 0 U ___---r------- -t______________I_I<c m v _ _ LLI D_ VI U OZ i ONsr sr V O N W N O N a i3NN9 tlfYlHtlhiSbNNtl � V pip r F nl �h�� l all 11 I� SI� �m pm3of eU gll ;�Y�dl. U elll ,f O� -=11 -III I$i s " v 1 0 n o I I I v v I e v I xeyn G a I h L r� E° � a _ m e �o a � orr, m. e S v6� I a w ____________ a i.. - ----- T.` 1/ r °E " N a v v �° E o� ° o °E.s� ° `o o v u _ M nir------------ --- ---- - -'° E N E o D 3E(J i E L �E L� v N p!/ E C o f o o y v£0 3 n - F -� 29 1-2 II ��IT Eo Ea - m I u x - II c m II I 0 0 II u �v m r a v ry [� o 0 0 vvo �E� I i m a � a II O v - - ---------"---------------------pooh----Plaij----PPoa------------ Ordinance amending the Unified Development Code ("UDC"), upon application by Braselton Homes — Shoreline Oaks, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Braselton Homes — Shoreline Oaks, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 9, 2013, during a meeting of the Planning Commission, and on Tuesday, November 12, 2013, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Braselton Homes — Shoreline Oaks, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 4.73-acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located north of Slough Road and at the east end of Russ Lane, from the "CH" Cottage Housing District to the "RS-4.5" Single-Family 4.5 District (Zoning Map Nos. 041031 & 041030)7 as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of 20 ATTEST: City Secretary Nelda Martinez Mayor 1013-01 Ordinance, Braselton Homes Page 2 of 2 Job No. 16198.B3.06 URBAIN September 12, 2013 ENGINEERING STATE OF TEXAS COUNTY OF NUECES Fieldnotes for the rezoning of an 4.73 acre tract of land out of Lot 29, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43,Map Records of Nueces County, Texas; said 4.73 acre tract being more fully described as follows: Commencing at a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" found for the east corner of Lot 54, Block 1, The Cottages at Southlake Unit 1,a map of which is recorded in Volume 67, Pages 775-776, Map Records of Nueces County,Texas; Thence, South 60°44'24" East, a distance of 37.00 feet and South 29°15'36" West,a distance of 123.00 feet for the Point of Beginning, same being the northwest corner of this tract; Thence, South 60°44'24" East, a distance of 463.00 feet for the northeast corner of this tract; Thence, South 29°15'36"West, a distance of 496.00 feet for the southeast corner of this tract; Thence,North 60°44'24"West, a distance of 358.00 feet for the lower southwest corner of this tract; Thence,North 29°15'36"East,a distance of 223.00 feet for a corner of this tract; Thence,North 60°44'24"West, a distance of 105.00 feet to a point on the east boundary of Lot 13, Block 3, said The Cottages at Southlake Unit 1, for a corner of this tract; Thence,North 29°15'36" East, along the east boundary of said Lot 13, Block 3, at a distance of 250.00 pass the northeast corner of said Lot 13, Block 3, in all a total distance of 273.00 feet to the Point of Beginning and containing 4.73 acres(206,233.00 square feet)of land. Bearings based on the recorded plat of The Cottages at Southlake Unit 1, a map of which is recorded in Volume 67, Pages 775-776, 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 or liability for its accuracy. RBAN ENGINEERING a ii Pby«ibb«bbbb•b«ybbbL!«6666 Dan L. Urban, R.P.L.S. DAN LEE URBAN rte; . .�•«<...«.e.........,b..... License No. 4710 .� ��e a f Op�9 stir S:\Surveying\16198\B306\FN4.73.doc Page I of 1 (361)854-3101 2725 SWANTNER DR, • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 EXHIBIT A www.urbaneng.com TBPE Firm#145 (dl '}oDJl 9100Jg :JOUMO) (oll '}uawdolanad DWJlj DJJal -V-8 :JOUMO) rn soxal 'A}unoo 3aoanN 'spJOOaN dDW 'Ct,—Lt, 'sbd 'y •Ion s}DDJl UaPJDO 02 wJD IDUl3u3 op }}n18 Jnold N m o+ 9Z uol}O S 'gZ }Ol N C w Mg C4 co 0X.10 3 Woo (•p}l 's�IDp aullaJOyS — sawOH uO}IasDJB :JaumO) '"� N D U O O - o ^ ,00'96 M„9£,51.6ZS '� H Z ••Zl,� N Q �3q0 0 a 0Q=¢N to C6 D U)�V1 C N C M C O � N N 3 w e� Z N M N QM x z V � H N N C W MN N aH E N 30L zz J F- m m'c g°p y� C —V W M Q co W = U° o . W ZU Lo N (V O1 Q U) t00'£ZZ U) a 3tt9£.S l.6ZN a r Z L 7m N U�2 Lo _ h N N M N LO Ln 2 i N_-- r e, L) N - - 00 UD _, 'n "' r- N T c 4 �� (O OD o x / o�� soxal '�(}urroo saoanN 'spJOOab C, LO dDW '9LL-9LL 'sbd L9 'lOn .0 N rn }lug a�Dl4}nos }D sa6D}}off ayl pC c It m N O tb n co r7 N ���V � // � � a� � O ccy v / o+y / LO pD O to �0_Z // \ / U� cr a OwQ / � �O / O V J�j N N// w O m Q °o w// / o Q a o P� om O ono VI lei N O O G7�,' a� c O ° v , —r't O O may dv � � °�' c, ° °th n 0 _ o a; Q O �_II °�� °o w o+m a� d c 0 a.z Ira q, a a� J v I, W E `gym Oco ° O acs ' O NL O> N 7 O v c y O O O y E N N W o u k O n z Q O M z EXHIBIT B I AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of November 12, 2013 Second Reading Ordinance for the City Council Meeting of November 19, 2013 DATE: October 25, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV@cctexas.com (361) 826-3189 Rezoning Near Cabaniss Field from Single-Family Residential To Compatible Commercial By the City of Corpus Christi Property Addresses: 6921 and 7522 Weber Road CAPTION: Case No. 0713-02 City of Corpus Christi: A change of zoning from the "RS-6" Single- Family 6 District to the "CC" Commercial Compatible District. The property is described as being an approximately 82-acre tract of land out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony Lands, located along the south side of Weber Road, and along the east and west sides of Yorktown Boulevard. PURPOSE: The purpose of this item is to rezone the subject properties to a zoning district that is compatible with Navy flight patterns and consistent with the City's Comprehensive Plan. RECOMMENDATION: Planning Commission and Staff Recommendation (September 25, 2013): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the City of Corpus Christi is proposing the rezoning of private properties from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District. The "CC" District was created in December 2012 for use on properties where there is a potential threat to public health and safety and where residential uses or uses that congregate large groups of people should be avoided. The current "RS-6" District allows residential dwellings with a minimum lot size of 6,000 square feet. Other permitted uses in the "RS-6" District include churches and schools. This rezoning will create greater compatibility with and protect public health and safety under Navy flight patterns. The properties being rezoned are located under an Accident Potential Zone 1 (APZ-1) as defined in the Navy's 2009 Air Installation Compatible Use Zone Study. The study recommends that residential uses or uses that could congregate large groups of people be prohibited under an APZ-1. Prior to the Navy's 2009 AICUZ Study, the subject properties were not located in an Accident Potential Zone due to different flight patterns used by pilots prior to 2009. As a follow up to the 2009 Navy AICUZ Study, the City conducted a Joint Land Use Study (JLUS) that was adopted by Council on October 8, 2013. JLUS recommendation LU-313 recommends that the City rezone undeveloped property in the Accident Potential Zones around Cabaniss Field to ensure that new development is compatible with the Navy's operations. Rezoning the subject properties to the "CC" District will help prevent incompatible developments under the Cabaniss Field Runway 31 flight pattern. Rezoning to the "CC" District will allow a wide variety of commercial uses including: retail uses, leasing or renting consumer home and business goods, social service uses provided there are no residents, commercial parking, office uses, personal service uses, repair-oriented service uses, shopping centers, vehicle sales and service uses, wholesale trade uses, and many other uses. Dwellings, schools, churches, bars, restaurants or uses that congregate large groups of people are not permitted. Rezoning to the "CC" Commercial Compatible District will help to protect public health, safety and welfare by preventing new uses that are not compatible with Navy use guidelines. Opposition to this rezoning currently stands at 66% of the land area being rezoned. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning is consistent with the City's adopted Comprehensive Plan and NAS Corpus Christi Joint Land Use Study (JLUS). The JLUS was adopted by Council on October 8, 2013. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Planning/Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Project to Date Fiscal Year: 2013- Expenditures 2014 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Ifll 'a ' � f ": ray✓�� ml � r s �n ry y . o<YV fyii� � iN�µ 4,6 1 fir,r I u r r�l oi✓/i�,: ��Y 1 . �I m rA; � � v:� ! i���Vil� uul6u5l i u u i III ill. r � r i��� % r✓ iuul a � V � � i � y �� �� y ' x ' I a i 1Ayu" , 1�X��Ii � s�U �� fir✓ �'� w I 6 r CL �, PLANNING COMMISSION FINAL REPORT Case No.: 0713-02 HTE No. 13-10000027 Final Planning Commission Hearing Date: September 25, 2013 Applicant: City of Corpus Christi Owners: Nueces Real Estate Partnership & Aaron and Adam Nathan Inc. a Legal Description/Location: Being an approximately 82-acre tract of land Q Q .c out of Lots 3 and 4, Section 12, and Lot 1, Section 18, Bohemian Colony E ca Lands, as shown on the map provided, located on the south side of Weber o Road and on the east and west sides of Yorktown Boulevard. From: "RS-6" Residential Single-Family 6 District y To: "CC" Commercial Compatible District .� n Area: Approximately 82 acres io QPurpose of Request: To rezone property to a zoning district that is compatible with Navy flight patterns and consistent with the City's Comprehensive Plan. Existing Zoning Existing Land Use Future Land Use District Conservation/ Commercial & Site "RS-6" Single-Family 6 Preservation & c� Drainage Corridor Vacant a� y Light Industrial & c North RS-6 Single-Family 6 Vacant •E ? Commercial C Conservation/ Low Density c South "RS-6" Single-Family 6 Preservation & Residential & Vacant Drainage Corridor y "RS-6" Single-Family 6 w East & "RS-4.5" Single- Low Density Low Density Family 4.5 Residential Residential West "RS-6" Single-Family 6 Conservation/ Conservation/ Preservation Preservation Area Development Plan: The subject properties are located within the cL c boundaries of the Southside Area Development Plan (ADP) and are planned for commercial uses. The proposed change of zoning to the "CC" Commercial a c Compatible District is consistent with the adopted Future Land Use Plan. o Map No.: 047034, 048034, 047033 a Zoning Violations: None Final Report Case#0713-02 City of Corpus Christi Page 2 C ° Transportation and Circulation: The subject properties have approximately 3,110 feet of frontage along the south side of Weber Road, which is a ° proposed "A3" Primary Arterial Divided street, and approximately 3,500 feet of CL frontage along the east and west sides of Yorktown Boulevard, which is an "A3" Primary Arterial Divided street. H Urban Proposed Existing Traffic Street Transportation � Plan Type Section Section Volume O d "A3" Primary 130' ROW 105' ROW 17,801 Q Weber Rd. Arterial Divided 79' paved 68' paved 2010 ADT L cn Yorktown "A3" Primary 130' ROW 124' ROW Not Blvd. Arterial Divided 79' paved 79' paved Available Staff Summary: Requested Zoning: The requested rezoning is from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District. The "CC" District was created for use where there is a potential threat to public health and safety and where residential uses or uses that congregate large groups of people should be avoided. The current "RS-6" District allows residential dwellings with a minimum lot size of 6,000 square feet. Other permitted uses in the "RS-6" District include churches and schools. Air Installation Compatible Use Zone (AICUZ): This rezoning will create greater compatibility and protect public health and safety under Navy flight patterns. The property requested for rezoning is almost entirely under an Accident Potential Zone 1 (APZ-1) as defined in the Navy's 2009 Air Installation Compatible Use Zone Study (AICUZ). The study recommends prohibiting new residential uses or uses that could congregate large groups of people for property under Accident Potential Zone 1. Prior to the Navy's 2009 AICUZ Study, the subject property was not designated as an Accident Potential Zone. As a follow up to the 2009 Navy AICUZ Study, the City conducted a Joint Land Use Study. The JLUS Policy Committee, on May 9, 2013, formerly accepted the study as part of the Department of Defense Office of Economic Adjustment grant. The JLUS Policy Committee was composed of the Mayor, one City Councilperson, the County Judge, Vice President of TAMU-CC, and two Planning Commissioners. The JLUS was adopted by Council on October 8, 2013. JLUS Study recommendation LU-313 recommends that the City rezoning undeveloped property around Cabaniss Field to ensure compatibility of new development. Rezoning the property to the "CC" District will help to prevent incompatible uses under the Cabaniss Field Runway 31 flight pattern and protect public health and safety. Final Report Case#0713-02 City of Corpus Christi Page 3 Existing Land Uses & Zoning: North of the subject property is vacant land zoned with the "RS-6" Single-Family 6 District. South and west of the subject property is Oso Creek, and vacant land which is zoned with the "RS-6" Single-Family 6 District. East of the subject property are single-family dwellings zoned "RS-6" Single-Family 6 District and "RS-4.5" Single-Family 4.5 District. The subject property was originally zoned for residential single family uses as part the City's annexation program on April 11, 1989. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and the rezoning is consistent with the adopted Future Land Use Plan, which designates the property for future commercial use. Property Owner Outreach: • In February 2013, Planning and Environmental Services Department sent certified letters to each of the two property owners to explain the City's intent to pursue rezoning. • The certified letters invited each of the two property owners to meet with City staff at their convenience to discuss the rezoning. Staff has discussed the rezoning with the two property owners. Nueces Real Estate Partnership has indicated that they are not in favor of the rezoning. The Aaron and Adam Nathan property owner agrees with the rezoning.(See Attachment 2) • The property owners were also invited to the JLUS public workshops held in October 2012 and March 2013. Aggregate attendance at these two meetings was approximately 225 citizens. Department Comments: • The purpose of the Cabaniss Field airport is to provide training to student pilots on the twin engine T-44 aircraft. • The subject property is undeveloped. • Rezoning to the "CC" District will allow a wide variety of commercial uses including: retail uses, leasing or renting consumer home and business goods, social service uses provided there are no residents, commercial parking, office uses, personal service uses, repair-oriented service uses, shopping centers, vehicle sales and service uses, wholesale trade uses, and many other uses. • Dwellings, schools, churches, bars and restaurants or uses that congregate large groups of people are not permitted. • Aircraft accidents are very rare, but if there is an accident the Navy has determined the AICUZs as the most likely locations. • Disregard of Navy guidelines could contribute to a realignment or closure if the Navy cannot continue to safely conduct their mission at NASCC and Cabaniss Field. • A recent national assessment of land use compatibility was conducted at all Navy installations. While the assessment was not made available to the public, DOD personnel familiar with the study indicated that NASCC has a comparatively large number of incompatible structures under Navy flight patterns. Final Report Case#0713-02 City of Corpus Christi Page 4 • Rezoning to the "CC" Commercial Compatible District will help to protect public health, safety and welfare by preventing new uses that are not compatible with Navy use guidelines. Planning Commission and Staff Recommendation (September 25, 20131: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CC" Commercial Compatible District. c Number of Notices Mailed — 72 within 200-foot notification area; 0 6 outside notification area a 2 land owners As of October 25, 2013: 0 In Favor — 1 (inside notification area); 0 (outside notification area) In Opposition — 5 (inside notification area), 1 (outside notification area) a Totaling 66% of the area being rezoned in opposition. Totaling 1.848% within the 200-foot notification area opposed. Attachments: 1. Location Map (Aerial) 2. Air Installation Compatible Use Zones and Property Owners In Favor and Opposed 3. Existing Land Use map 4. Future Land use map K:\DevelopmentSvcs\SHARED\ZONING CASES\2013\0713-02 City of CC(82 ac)\Council Documents\0713-02 Report for Council City of CC rev 10- 25-2013.docx r r •YZ e..� � r � � 9 / I 4 iip mm Xt r a � rn Vwu�wN�� u I�v�du of f f� �' � y4 4 ✓° Aaron and �, ` �r°✓" �, w' //',[ d ' A �i " ,✓� r+, '' "� r� ' v rrrmm (,f a iy,q'/l ry y 1( r Adam Nathan ''� � r �N'(�y � � / ', G�x� ,,,✓✓r'�"�,"' �ru"'�u�" Inc.5.26 Ac. � � r �Wa P"�, 'Vv A o SUBJECT r d fr'` ''/./ „'C „r'�r 1 / ry �. �'rni:"wrd, rr„"a''`, ✓' et,,w ^la's"we «; ✓ r x as r l i w7 W- ,v U � Rezoning includes approx.9.36 Ac.Yorktown Blvd. " "� 2W3 0 400 81001 1Q " 4 �'�-•'�'a°�� `�� ���'r�9P�r!wed��'�r"�Jf�r'�rrrbw"ra'�.. Fea rya ", ° rev teea 7 aw eys p CASE: ►713-02 Legend , SUIBJIECT PROPERTY SUBJECT / ,ANN NNRNSTALLA TION cOMPAITNBLE USE ZONE ;PRQ!E7TY clear zone Accident Potential Zone 1 Accident Potential Zone 2 i In Favor—signed rezoning application c Iw ory / X � Corpus '.,,.. In opposition-by written notice LOCATION MAP Christi' eport R Attachment