HomeMy WebLinkAboutAgenda Packet City Council - 07/06/2017 (W) Cit of Corpus Christi 1201 Leopard Street
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Meeting Agenda - Final
City Council Workshop Session
Thursday,July 6,2017 3:00 PM Basement Training Room
1201 Leopard Street
Public Notice -- ITEMS ON THIS AGENDA ARE FOR COUNCIL'S INFORMATIONAL
PURPOSES ONLY. COUNCIL MAY GIVE DIRECTION TO THE CITY MANAGER, BUT NO
OTHER ACTION WILL BE TAKEN AND NO PUBLIC COMMENT WILL BE SOLICITED.
"City Council will not be taking action in this workshop session, except for the purpose
of directing the City Manager in accordance with the Charter. To the extent the
classification of this meeting as a workshop is construed to limit this authority, then this
meeting is determined to be a special meeting.
THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE TRAINING ROOM DURING MEETINGS OF THE CITY COUNCIL.
A. Mayor Joe McComb to call the meeting to order.
B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
C. BRIEFINGS TO CITY COUNCIL:
The following items are for Council's informational purposes only. Council may give
direction to the City Manager, but no other action will be taken taken and no public
comment will be solicited.
1. 17-0813 Proposed Annexation Policy
Sponsors: Environmental and Strategic Initiatives
2. 17-0840 Aquifer Storage Recovery(ASR)
Sponsors: Water Utilities Department
D. ADJOURNMENT
"City Council will not be taking action in this workshop session, except for the purpose
of directing the City Manager in accordance with the Charter. To the extent the
classification of this meeting as a workshop is construed to limit this authority, then this
meeting is determined to be a special meeting.
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NCORPoap1Eo AGENDA MEMORANDUM
1852 City Council Workshop on July 6, 2017
DATE: June 27, 2017
TO: Margie C. Rose, City Manager
THRU: Keith Selman, Assistant City Manager
FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning and ESI
Daniel Mc(d)cctexas.com
(361) 826-7011
Proposed Annexation Policy
STAFF PRESENTER(S):
Name Title/Position Department
1. Keith Selman Assistant City Manager Executive Offices
2. Daniel McGinn Assistant Director Planning & ESI
3. Keren Costanzo Senior City Planner Planning & ESI
OUTSIDE PRESENTER(S):
Name Title/Position Oraanization
1.
2.
BACKGROUND:
The Planning Division will be providing a presentation to update City Council on the status of
the proposed draft annexation policy. This item was originally presented to the City Council
at a March 30th workshop.
LIST OF SUPPORTING DOCUMENTS:
Draft — Proposed Annexation Policy
BLUE UNDERLINE= Proposed additional language,staff recommends acceptance.
BLUE STRIKETWRO leu=proposed deleted language,staff recommends acceptance,.
BLUE UNDERLINE+Highlight=Staff proposed additional language since June 1 Draft
RED UNDERLINE=Proposed additional language,staff does not recommend acceptance,
RED STRIKETWROW Proposed deleted language,staff does not recommend acceptance.
City of Corpus Christi Annexation Policy—Working Draft Document
Purpose:The purpose of this document is to describe the City of Corpus Christi's Annexation Policy.The
Annexation Policy provides the guidance and rationale for the consideration of areas within the City of
Corpus Christi's extraterritorial jurisdiction (ETJ)for annexation.
The intent of the Annexation Policy is to implement Plon CC,the City's adopted Comprehensive Plan, by
providing City Council with specific, objective, and prescriptive guidance for making decisions about
annexation and other issues within Corpus Christi's extraterritorial jurisdiction (ETJ).
In addition, Plan CC has designated two potential annexation areas tied to a Master Planning Process or
Area Development Plan Process. Per Plan CC,the goal for annexed land shall be orderly development
which is managed by local government according to an adopted land use and utility plan. Areas
designated in Plan CC include, roughly, 4.6 square miles in the Northwest Area and 8 square miles in the
Southside Area.
Bockground:Annexation is the legal process that adds land to the corporate limits of a city. Annexation
allows formerly unincorporated properties to receive municipal services such as police protection,fire
protection, and garbage collection.
Controlled annexation can yield a more legit efficient land development pattern responding to
population growth and economic development opportunities, while miRi^,iii^g ,,FbaR SpFa l ^^4
ensuring effective delivery of services.
The extraterritorial jurisdiction (ETJ) is a legally designated area of land located a specific distance
beyond a city's corporate boundaries that a city has authority to annex. State statutes define the size of
the ETJ boundaries according to a city's population.The statutes allow a five-mile ETJ for cities in excess
of 100,000 in population. Corpus Christi falls into this category and has a five-mile ETJ.
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFT1 INTRODUCTION 1
The City will evaluate property owner-initiated annexations and City-initiated annexations based on the
following Six Policy Statements and associated criteria:
1. The City of Corpus Christi will consider annexation to protect public health and safety by:
a. Providing zoning, land use, building codes, and other development regulations; promoting and
maintaining safe living and working conditions and sustainable development.
b. Extending regulations before development occurs, on undeveloped land, where growth is
anticipated.
c. Preventing unregulated development in areas that:
i. will have an adverse impact on adjacent areas within the City;
ii. will have an adverse environmental impact;
iii. will have an adverse impact on Military missions/operations, as determined by the
Department of Defense and/or Federal Aviation Administration.
iv. will have an adverse impact on the Port of Corpus Christi and navigable waters.
2. The City of Corpus Christi will consider annexation to provide municipal services to:
a. Residential, commercial, and industrial land uses that would benefit from a level of service
calibrated for a city rather than an unincorporated area.
b. Jurisdictional pockets outside the city limits, but surrounded by the city,to provide logical
planning and/or service delivery boundaries.
c. Territories that establish contiguity required for strategic expansion of the City and its services.
d. The City will only consider an annexation, either City initiated or by owner petition, once the City
achieves a density of XXXX in population per acre.
3. The City of Corpus Christi will consider annexation where the property location is in:
a. Areas contiguous to the City limits for which dense urban or suburban development activity is
anticipated; and
b. Planned Development Areas as identified in the adopted comprehensive plan.
4. The City of Corpus Christi will evaluate annexation based on intergovernmental relations in order to:
a. Protect its ability to expand its City limits.
b. Provide municipal authority over City-owned properties, including those belonging to City-
owned utilities, by annexing City-owned properties as soon as practical after acquisition.
c. Preclude the creation of other competing political jurisdictions.
d. Maintain the City's ability to expand in the future and protect potential economic competition
when evaluating requests for incorporations of new cities within Corpus Christi's ETJ.
e. Address the viability of City-owned utilities when evaluating requests for Utility Districts or other
Special Districts in the ETJ.
f. Ensure that Special Districts in the ETJ do not create regulations that would not be in the best
interest of the City.
g. Provide services in coordination with service districts and utility providers, including, but not
limited to, school districts, emergency services districts, public transportation providers,
transportation, and utility providers.
h. Promote collaborative relationships with other jurisdictions in the region.
i. Provide consideration for the following factors prior to releasing any portion of the City's
corporate limits or ETJ to another jurisdiction, or accepting territory from another jurisdiction:
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFT1 CRITERIA
i. The exchange of areas of equivalent value with the other jurisdiction;
ii. Adequate land use control by the other municipality(as determined by the City)to
protect the subject property and surrounding area;
iii. The existence of distinct planning boundaries that define the current or proposed City
limits and ETJ;
iv. Fiscal impacts to the City's budget;
V. The need for City protection of environmental or other resources;
vi. The long-term effects of cumulative ETJ releases to other jurisdictions;
vii. Suitability for designation as an Industrial District;
viii. Ability to provide adequate municipal services to the area.
5. The City of Corpus Christi will consider annexation based on economic and fiscal impacts:
a. Annexation of areas with proposed development that is fiscally feasible for both operating and
capital improvements while maintaining current levels of service to existing residents.
b. Annexation to ensure that areas benefitting from proximity to a large urban City are
contributing revenue to offset the cost of providing services within an urban environment.
c. The impact of additional population within the City limits to help procure state and federal
funding for transportation and other services that are provided on a per capita basis.
d. Annexation to keep economic activity, and associated tax revenues,within the City limits.
e. Consider opportunities for agreements with other municipalities or regional/area service
providers to assist with provision of services.
f. For both City initiated annexations and petitions for annexation, Market and Fiscal Impacts
Analyses will be conducted. See section on market and fiscal impact analyses below for further
details.
6. The City of Corpus Christi will consider Non-Annexation Agreements for:
a. Property owners that have Agricultural Exemptions, in accordance with state law.
b. Special Districts, which shall include a statement that the property owner consents to future
voluntary annexation and a negotiated annexation schedule shall be included.
c. Areas willing to accept services, such as municipal water and wastewater, in lieu of annexation
along with extension of City regulations and requirements. A negotiated annexation schedule
shall be included.The area covered under the non-annexation agreement must pay the full costs
of services provided by the City.
d. Areas with taxing authority offering revenue sharing options in exchange for the agreement.
e. Future and existing Industrial Districts.
i. Industrial District 1 shall not extend south of 1-37.
ii. Industrial District 2 will be protected from incompatible land uses.
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFT1 CRITERIA 3
The City will require the following when receiving petitions for annexation:
1. An owner-initiated application will require the submittal of an annexation application.The
application will, ata ^,, require:
a. A general development plan showing:
1) The dimensions and boundaries of the property;
2) Location of existing buildings and structures;
3) Proximity to existing water, wastewater, storm water, streets, and other public
improvements;
4) A preliminary drainage MaSteF plan for the project site using best management practices
and incorporating green infrastructure,
5) General arrangements of existing and proposed land uses;
6) The proposed zoning and density;
7) Development phasing;
8) The proposed street plan;
9) And proof of ownership.
b. Public Infrastructure required to serve the proposed development and mea estimated
costs;
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d. Payment for the cost of a third-party market analysis, cost not to exceed $25,000, or an
amount as otherwise subsequently determined by ordinance of the City Council.
e. Payment for the cost of a third-party fiscal impact analysis, cost not to exceed $25,000, or an
amount as otherwise subsequently determined by ordinance of the City Council.
f. Payment of an annexation application fee of$50 per acre,with a maximum fee of$50,000, or
an amount as otherwise subsequently determined by ordinance of the City Council.
2. The City will consider the establishment of a Special District for the proposed area covered by
development and annexation agreements to promote developments that incorporate higher
development standards, such as the integrating a mixture of land uses, an interconnected network
of streets,transportation alternatives to the automobile, and the provision of additional amenities.
3. A development agreement, detailing the obligations of the City and project developer and specifying
the standards and conditions that will govern development of the property,will be required for the
City to enter into an annexation agreement where the property owner is applying for annexation.
a. The applicant must agree to provide such dedication of land as may be necessary for community
facilities necessary based on the size, density and types of land uses proposed in the annexation
area.
4. City will automatically waive any annexation requirements for applications for property within an
eight-mile radius of City Hall.
5. It is understood that none of the above criteria can be used to subjectively deny annexation
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFT1 CRITERIA
Fiscal Impacts and Market Analyses Details:
1. A fiscal impact analysis models the projected costs and revenues associated with the proposed
development to determine the net fiscal impact of the development on the City. Such analyses
would go beyond the provision of infrastructure, and would include city services such as police and
fire protection, libraries, parks and recreation, and other city functions that experience increased
demand for service from new development.The fiscal impact analysis must assess each phase of the
proposed development.
a. The Fiscal Impact Analyses shall be conducted by a neutral third-party consultant.The city will
engage a consulting firm through an RFQ or RFP process to engage in either an Indefinite
Delivery, indefinite Quantity (IDIQ) or retainer agreement.The City may choose to establish a
bench of qualified firms from which one may be selected to perform the analysis as needed.The
selected consulting firm will, in cooperation with pertinent Departments, project revenues and
costs anticipated as a result of the proposed development.
b. The Fiscal Impact Analysis considers both revenues and expenditures for proposed areas to be
annexed using the development plan for the area and the current adopted City budget. Below is
the methodology that shall be used for the Fiscal Impact Analysis.
i. Expenditures:
1) Expenditures shall be considered for all municipal services to be provided.
2) Expenditures shall include annual operation and maintenance costs.
3) Expenditures shall include capital improvement costs.
4) Expenditures shall be based on an assessment of the services to be delivered,the level
of service to be delivered and the estimated costs of providing the service.
5) Service delivery cost estimates shall be provided by the Department responsible for
service delivery, guided by the selected consulting firm.
6) Expenditures may be estimated use average costing, marginal costing, or a combination
of the two methodologies.
ii. Revenues—the following shall be considered:
1) Property taxes from existing land uses
2) Property taxes for proposed future land use (based on current tax rate)
3) Sales taxes
4) Hotel Occupancy Taxes
5) Other revenues as applicable to the area being considered for annexation (e.g. other
local taxes, user fees, fines, etc.)
6) Revenues may be estimated on per service population, per housing unit, per building
square feet, and/or per acre basis, as appropriate.
7) A sensitivity test of revenue assumptions, such as assessed value of property and sales
tax revenues, will be included in the fiscal analysis.
c. Time Period of Analysis:
The Fiscal Impact Analysis shall extend a minimum of 10 years into the future. If necessary,the
timeframe should be extended to either:
i. the year the proposed area for annexation is built-out, or
ii. the repayment period for any debt that would need to be assumed to more accurately reflect
the applicable revenues and expenditures.
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFTS CRITERIA 5
d. Applicants filing petitions for annexation will be required to fund the fiscal impact analysis, up
to$25,000, or an amount as otherwise subsequently determined by ordinance of the City
Council.
2. A market analysis identifies the City's absorption capacity for the proposed development and any
potential competition or synergy with development within the current City limits.The market
analysis will provide information regarding the timeframe a proposed development will require to
achieve full build-out, property valuation estimates for the proposed development, estimated dollar
value of sales from any proposed retail uses, and an analysis of other revenue-generating uses as
appropriate.The findings of the market analysis will inform the assumptions used in modeling the
fiscal impacts of the proposed development.
a. The Market Analysis shall be conducted by a neutral third-party consultant.The city will engage
a consulting firm through an RFQ or RFP process to engage in either an Indefinite Delivery.
indefinite Quantity (IDIQ) or retainer agreement.The City may choose to establish a bench of
qualified firms from which one may be selected to perform the analysis as needed.The selected
consulting firm will assess each phase and anticipated uses of the proposed development.
b. Time Period of Analysis:
The Market Analysis shall project annual absorption potential up to the year that the third-party
consultant projects the proposed area for annexation to achieve full build-out.
c. Applicants filing petitions for annexation will be required to fund the market analysis, up to
$25,000, or an amount as otherwise subsequently determined by ordinance of the City Council.
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFTS CRITERIA 6
APPENDIX A: DEFINITIONS
Agriculture Development Agreement: State law requires cities to offer a Development Agreement to
area appraised by the tax roll as agriculture, wildlife management or timber management. If the
landowner consents to the agreement,the City shall exclude the property from annexation for a number
of years.The Agreement may include the term of the agreement and the landowner's consent to
voluntary annexation at the end of the agreement term. Annexation may proceed if land owners decline
to enter into an agreement or if at any time landowner files any type of subdivision plat or related
development document for the area
Annexation:The legal process by which a City extends its boundaries.
Annexation Policy:A set of guidelines for making annexation decisions.
Annexation Plan:See Municipal Annexation Plan.
Average Costing:A type of fiscal impact analysis model.This procedure estimates the costs of a new
development based on the current average cost per unit of service in existing development multiplied
by the number of units the new development is estimated to create. It does not consider excess or
deficient capacity to deliver services, and it assumes that average costs of municipal services will remain
stable in the future. For example, a fiscal impact model could use the Code Enforcement budget to
generate a current average cost per household and apply that average to the number of households
included in the proposed new development. An average cost model can also be updated annually as the
new City budget is adopted.
Contiguous: Sharing a common boundary or border, or abutting a municipality's city limits; however,
property will be considered contiguous to a city boundary/limit even if it does not actually touch that
boundary/limit if an intervening property is subject to a development agreement guaranteeing
temporary continued ETJ status, such as for an agricultural exemption.
Developed: Characterized by significant site improvements, such as utility installations, paving, and in
many instances,the construction of one or more structures.
Disannexation:The legal process by which territory is removed from the city limits for failure to provide
services. A majority of the qualified voters of an annexed area may petition the City Council to disannex
the area if the City fails to provide services to the area within the period specified by the service plan.
Similarly,the City may seek to disannex an area if it determines that it is unable to provide municipal
services to that area in accordance with state law.
Extraordinary Economic Development Project:A commercial or industrial project that is eligible for
property tax abatement and generates substantial benefit to the municipality.
Extraterritorial Jurisdiction (ETJ): Unincorporated area that is contiguous to, and extends five miles
from,the Corpus Christi City limits. In the ETJ,the City has the authority to annex and extend subdivision
regulations.The area excludes other municipalities and their respective ETJs, if any.
Extraterritorial Jurisdiction (ETJ) Release: An agreement to release ETJ boundary as agreed to jointly by
written consent of two municipal entities.
Fiscal Impact Analysis:A study that models the projected costs and revenues associated with a
proposed development to determine the net fiscal impact of the development on the City.
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFT1 APPENDIX P.
Full Purpose Annexation: Full purpose annexation is the process by which cities extend municipal
services, voting privileges,full regulatory authority and taxing authority to new territory.The City
regulates land development in its full purpose jurisdiction with zoning, engineering, environmental, land
entitlement and building code requirements. An area under consideration for annexing must be within
the City's extraterritorial jurisdiction and contiguous to the boundaries of the city.
Incorporation:The creation of a municipal corporation (i.e. "City").
Industrial District:An area containing an Extraordinary Economic Development Project for which a non-
annexation agreement is issued for up to 15 years and is renewable to delay annexation and the
extension of City taxes.
Infrastructure: Facilities necessary to provide City services, usually referring to physical assets such as
streets and utility lines.
Jurisdictional Island:An unincorporated area surrounded on most sides by the City of Corpus Christi.
Limited Purpose Annexation: Limited purpose annexation extends the City's planning, building, zoning,
health, and safety regulations.The City assesses no taxes and the City is not required to provide full
municipal services. Residents in this type of area may vote in City Council and Charter elections but may
not vote on proposals to issue bonds, nor seek municipal office. Generally, areas annexed for limited
purposes are annexed for full purpose jurisdiction after three years.
Marginal Costing:A type of fiscal impact analysis model.This procedure relies on analysis of the
demand and supply relationships for public services.This approach recognizes that excess and deficient
capacity exits in communities. It models growth not in a linear manner, but as a more cyclical process in
terms of the impact on expenditures. For example, a proposed project could necessitate that a new fire
station be constructed to adequately provide service a new development.
Market Analysis: A study that identifies the City's absorption capacity for a proposed development and
any potential competition with development within a defined geographic boundary.
Municipal Annexation Plan:A document required by state statute that identifies areas to be annexed.
Adoption of the Plan by the municipality initiates a three-year process that includes a public process and
the creation of a Service Plan for the provision of municipal services after annexation.
Municipal Boundary Adjustment:An adjustment to municipal boundaries agreed to jointly by written
consent of two municipal entities.
Non-Annexation/Annexation Agreement:Agreements authorized by Chapters 43 and 212 of the Texas
Local Government Code and negotiated with property owners and adopted by City Council. Such
agreements are often used in conjunction with the following:
1.An Industrial District for Extraordinary Economic Development Projects,
2.A Special Utility District or Public Improvement District that has taxing authority to pay for
infrastructure improvements, or
3.An agreement for Services in Lieu of Annexation that may be negotiated with property owners who
do not want to be placed in a Municipal Annexation Plan but have areas for which the City would like to
extend regulations and services.
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFT1 APPENDIX A
An annexing municipality must offer non-annexation agreements to property owners who have
Agricultural Tax Exemptions if the area is slated to be placed in a Municipal Annexation Plan.The
agreement is only valid while an agricultural exemption is maintained and becomes void if development
activity is pursued.
Planning Study:A document required for Limited Purpose Annexation which provides a ten-year
projection regarding anticipated development, proposed zoning, and anticipated public benefits gained
from the annexation.
Public Improvement District(PID):Authorized under Chapter 372 of the Local Government Code, PIDs
are created only at the request of land owners via petition of more than fifty percent of owners of
taxable real property liable for assessment under the proposed petition. PID creation is a discretionary
act of City Council if Council finds that the establishment of a PID promotes the interests of the City. A
PID may be established for the purposes of funding capital improvements as well as operational costs,
including: landscaping; constructing or improving sidewalks, streets, or parking facilities; constructing or
improving water and wastewater facilities; installing art; and constructing or improving libraries. Special
assessments paid by land owners that benefit from the public improvements and/or service are the
source of funding.
Regulatory Plan:A document required for Limited Purpose Annexation that identifies regulations and
land uses to be extended to the area.
Services: Municipal service that may include: police protection,fire protection, emergency medical
services, solid waste collection, operation and maintenance of water and wastewater facilities,
operation and maintenance of roads and streets, operation and maintenance of parks, and operation
and maintenance of any other publicly owned facility, building, or service.
Service Plan:A document required as part of the Three-Year Municipal Annexation Plan that outlines
the schedule for the provision of municipal services to an area annexed for Full Purposes.
Services in Lieu of Annexation:A type of non-annexation agreement to guarantee the land's immunity
from annexation for a period of up to 15 years; extends certain aspects of the city's land use and
environmental authority over the land; and authorizes enforcement of land use regulations in addition
to, or in lieu of, those that apply within the City.
Special District:A political subdivision of the state providing water, sewer, drainage,transportation
and/or other utility and infrastructure services within a specified geographic area.
Utility District:A political subdivision of the state providing water, sewer, drainage and/or other utility
services within a specified geographic area. Sometimes referred to as a Municipal Utility District.
Voluntary Annexation: Property owners may petition the City to annex their property.The request for
voluntary annexation requires at least 50%of the property owners' signature in the area up for
consideration.
CITY OF CORPUS CHRISTI ANNEXATION POLICY—JULY 6,2017 DRAFT1 APPENDIX A III
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NCORPOPpIEO AGENDA MEMORANDUM
1852 City Council Workshop Meeting of July 6, 2017
DATE: June 28, 2017
TO: Margie C. Rose, City Manager
THROUGH: Dan Grimsbo, Executive Director of Water Utilities
DanG(cDcctexas.com
361-826-1689
FROM: Clarence Wittwer, Director of Water
Clare nceW(o-)cctexas.com
361-826-1689
City Council Workshop
Aquifer Storage and Recovery (ASR)
STAFF PRESENTER(S):
Name Title/Position Department
1. Steve Ramos Water Resources Manager Water Utilities
OUTSIDE PRESENTER(S):
Name Title/Position Organization
n/a
BACKGROUND:
This workshop will provide information regarding Aquifer Storage and Recovery (ASR), a
method of increasing the availability of water by capturing and storing groundwater.
LIST OF SUPPORTING DOCUMENTS:
N/A