The URL can be used to link to this page

Home My WebLink AboutAgenda Packet City Council - 02/15/2000CITY STAFF BOOK (UNBOUND} DO NOT REMOVE COUNCIL AGENDA c ty of COrpUS Chrlsti February 15, 2000 1:45 p.m. Proclamation declaring February 20 - 26, 2000 as "Professional Engineers Week" Proclamation declaring February 13 - 18, 2000 as "National LULAC Week" Certificate of Commendation to Mary Beth Castillo-Tierce ~ Texas Elementary Teacher of the Year AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD FEBRUARY 15, 2000 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members~ftheaudiencewi~~bepr~~idedan~pp~rtunityt~addresstheC~unci~afterthePresentati~nssecti~n~ Pleasespeak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimitedtothreeminutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas de/ Concilio para ayuda~e. '~ersons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact City Secretary's office (at 36f 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Father Mark Haas, Holy Trinity Orthodox Christian Church. Pledge of Allegiance to the Flag of the United States. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A Kinnison Betty Jean Longoria Iohn Longoria r_:. MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa 1. Approval of Regular Meeting of February 8, 2000. (Attachment # 1 ) Agenda Regular Council Meeting =ebrua~ 15,2000 age 2 EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter551 of the Texas Govemment Code. 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 officer. Planned Executive Session and Related Action Notice is given specifically that the City Council expects to go into executive session during this meeting regarding the following additional matter: Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi v. Manhattan Construction Company et al, No. 94-6459-A, 28th District Court, Nueces County, Texas. Executive session pursuant to Texas Government Code Sections 551.071 and 551.072 regarding purchase, exchange, lease, or value of the Frost Bank Building on Leopard or other real property for a city emergency operations center and other city operations, with possible discussion and action in open session. Executive session pursuant to Texas Government Code Section 551.071 and 551.072 regarding City of Corpus Christi, Condemnor v. Leona Estes, No. 99-61770-4, County Court at Law No. 4, Nueces County, Texas with possible discussion and action in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court, Cameron County, Texas, with possible discussion and action related thereto in open session. BOARDS & COMMITTEE APPOINTMENTS: (NONE) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) H. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS Agenda Regular Council Meeting ':-ebruary 15, 2000 age 3 TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER. GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. 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. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. A~ items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 'ONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES · ROM PREVIOUS MEETINGS: (At this point the Counc~ will vote on all motions, resolutions and ordinances not removed for individual consideration.) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting =ebruary 15, 2000 age 4 5,a. 5.b. 5.c. Motion approving the purchase of thirty-eight computers from Compaq Computer Corporation, Houston, Texas to be used by the Central Library in accordance with the State of Texas Cooperative Purchasing Program for a total of $53,960. Funds are available through a Telecommunication Infrastructure Fund (TIF) Grant. (Attachment # 2) Motion approving a supply agreement with Calgon Corporation., Pittsburgh, PA., for approximately 180 tons of liquid cationic polymer solution in accordance with Bid Invitation No. BI-0046-00 based on low bid, for an estimated annual expenditure of $142,200. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. The Water Department will use the chemical for water supply treatment. Funds have been budgeted for FY99-00. (Attachment # 3) Motion approving the purchase of technical support services from Oracle Corporation for a total annual cost of $34,920 The term of services will be twelve months and includes software license and services for Oracle database. (Attachment # 4) Resolution authorizing the City Manager or his designee to execute a Supplemental Environmental Project Agreement with the Texas Natural Resource Conservation Commission, which will provide a contribution of $350,000, from Koch Industries, Inc., forthe purchase of an "Emergency 1" hazardous material response vehicle. (Attachment # 5) Ordinance appropriating $350,000, received from Koch Industries, Inc., in Account No. 1050-00000-20-806091, TNRCC-SEP Account, to purchase an "Emergency 1" hazardous material response vehicle. (Attachment # 5) Motion approving the purchase of a hazardous materials response vehicle from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $350,419.50. The award is based on the cooperative purchasing agreement with HGAC. The hazardous materials response vehicle will be used by the Fire Department. Funds are available through a Texas Natural Resource Conservation Commission grant. (Attachment # 5) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting cebruary 15, 2000 ~ge 5 6.8. 6.b. 9.a, Resolution authorizing the City's Fire Chief to execute an amendment to an existing Supplemental Environmental Project Agreement with the Texas Natural Resource Conservation Commission that will provide an additional $150,000, to be contributed by Koch Industries, Inc., to purchase site specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County Area. (Attachment # 6) Ordinance appropriating $150,000, received from Koch Industries, Inc., and $304.07 of interest in Account No. 1050-00000-806090, TNRCC-SEP account, to purchase site specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County area under the Corpus Christi/Nueces County Local Emergency Planning Committee's Emergency Response and Communications during hazardous material incidents program. (Attachment # 6) Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $306,650 with Bracco Construction, Inc. for Phase 1 of the Padre Island Pumping Plant Improvements: Ground Storage Tank Installation Project. (Attachment # 7) Motion authorizing the City Manager or his designee to execute an engineering services agreement with Urban Engineering for a total fee not to exceed $161,780 for the Odor Control Improvements at: various Lift Stations (Wooldridge Road, Williams Drive, Everhart Road/Staples Street, Country Club Area); the Laguna Madre Wastewater Treatment Plant; and the Allison Wastewater Treatment Plant; and for the Rehabilitation Improvements at the Allison Wastewater Treatment Plant (Attachment # 8) Motion authorizing the City Manager or his designee to accept a grant in the amount of $348,509 from the U.S. Department of Justice Bureau of Justice Assistance for funding eligible under the FY 2000 Law Enforcement Block Grants Program and to execute related documents. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting February 15, 2000 age 6 9.b. 10. Ordinance appropriating $348,509 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1050 State/Federal Grants Fund to purchase marked vehicles and law enforcement equipment for the Police Department; authorizing the transfer of $38,723 from the No. 6010 Law Enforcement Trust Fund, and appropriating it in the No. 1050 State/Federal Grants Fund as the grant match. (Attachment # 9) PUBLIC HEARINGS: ZONING CASES: Case No. 0100-04, Kinq's Crossina Realty: A change of zoning from an "R-2" Multiple Dwelling District to an "R-1C" One-family Dwelling District on King's Crossing Unit 1, Phase 1, Block 28, Lot 1 and Block 39, Lot 1, located approximately 400 feet south of Lens Drive and 400 feet west of Cimarron Boulevard. (Attachment # 10) Plannine Commission's and Staffs Recommendation: Approval of the "R-1C~' District. ORDINANCE Amending the Zoning Ordinance upon application by King's Crossing Realty by changing the zoning map in reference to Lot 1, Block 28, and Lot 1, Block 39, King's Crossing Unit 1, Phase 1, from "R-2" Multiple Dwelling District to "R-1C" One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. REGULAR AGENDA (NO REGULAR ITEMS) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PRESENTATIONS: Public comment will not be solicited on Presentation items. Bond Issue 2000 Program and Process (Attachment #11) Overview of Industrial Districts and Contracts (Attachment # 12) Agenda Regular Council Meeting =ebruary 15, 2000 age 7 13. N. Update on Employee Group Health Insurance (Attachment # 13) REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff,' reports of activities of individual Council members and Staff,' constituent concerns; cutTent topics raised by media; fofiow-up on Staff assignments; scheduling of future Council meetings and activities,' and other brief discussions regarding city-related matters. 14. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) ADJOURNMENT: POSTING STATEMENT: This agenda was posed on the Ci~'s official bulletin board at the front entrance to Ci~Hall, 1201LeopardStreet, at 1:30 p,m., Februa~11 ,2000. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www. ci.corpus-christi.tx.us after 5:00 p.m. on the Friday before regularly scheduled council meetings. Symbols used to highlight action item that implement council priority issues. City Council Priority Issues Improvement in Delivery of Basic Services - Trash, Brush & Debris Improvement in Delivery of Basic Services - Street & Road Maintenance Improvement in Delivery of Basic Services - Park Maintenance Improvement in Delivery of Basic Services Improvement in Delivery of Basic Services Animal Control - Quality Water Improvement in Delivery of Basic Services Expansion of the Bayfront Plaza Convention Center Capital improvements Bond Issue - Ughting $ .+. Successful Implementation of Crime Control District Objectives Community Oriented Policing Economic Development Plan Storm Water Utility/Drainage Completion of Airport Improvements Assessment of Street Needs (Planned Street Program) Northside Plan Additional Golf Course Youth Crime ]:nitiatives Environmental Compliance CDBG Funding Assessment Privatizing Services Improvement of Citizen Response System Creation of a "Development Center" Residential Communities Involved in Park Development Bayfront Development Plan MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 8, 2000 2:00 p.m. pRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Mark Scott Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attomey James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Minister Luis Tortes Jr., Iglesia de Cristo, following which the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Councii and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of January 25, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neat said a number of current and retired city employees have raised concerns about the city's health insurance. He asked staff to provide the Council with a full briefing on that issue during next week's meeting. Council Member Gonzales said he will not be present at next week's meeting because he is going to Mexico on an economic development trip with the Port of Corpus Christi Authority. He said it is important to let the employees know that before anything takes place regarding the health insurance, it is going to go before the Council for their final decision. Mayor Neai referred to the board and committee appointments on the day' s agenda, and the following appointments were made: C.C. Bay Area Minority. Business Opportunity' Steering Committee Lino Vera (Reappointed) Jesse E. Guerra Jr. Steven Gomez (Reappointed) Rev. Leroy Roundtree Steve Cervantes Edward Sanchez Melanie Gonzales Minutes Regular Council Meeting February 8, 2000 Page 2 Senior Companion Program Advisory. Committee Sara Heselmeyer Senior Community Services Advisory. Committee Robin Ford Elia Gutierrez Mayor Neal called for petitions from the audience. Mr. Shelley Hilliard, 4242 Gulfbreeze Blvd., said that the Park and Recreation Department staff held a public hearing at The Breakers Condominiums to receive comments about Kappa Beach Party 2000, which has applied for a permit to hold a concert on Corpus Christi Beach (North Beach). Mr. Hilliard said that the applicant, Mr. Kevin Sesay, was quoted in the Houston Chronicle as saying that he can get 80,000 college students to Corpus Christi for the Kappa Beach Party, which he implied is an official function of the Kappa Alpha Psi fratemity. However, Mr. Hilliard said Mr. Sesay is being sued in Houston for using the fratemity's name without their permission. Mr. Hilliard said he had given the City Secretary petitions containing 162 residents' names from three condominiums on Corpus Christi Beach. He said they are opposed to the party being held on Corpus Christi Beach. Council Member Gonzales asked if staff had looked into whether Kappa Beach Party is a legitimate organization. City Manager Garcia replied that the organizers of the beach party filed an application with the Park Department in December 1999 and staff has determined that the application is incomplete. He said staff has been discussing with the promoters what would be required to complete the application. and earlier on February 8 staff spoke with Mr. Sesay, who said they intend to withdraw their application for the beach party. Staff also indicated that based on the current information, they would not recommend that the event be conducted. Council Member Colmenero said the residents of Corpus Christi Beach were concerned about the proposed beach party event and they had difficulty obtaining information about it. He urged staff to be more proactive in the future. Mr. Garcia replied that the promoters were going through the city's application process but since they did not complete the application, staff could not take any action on it. He added that there was much misinformation about the organization. Mr. Michael Kennedy, Vice President and General Manager of Beach Place, said the park area next door to the condominium is not appropriate for the beach party that was proposed there. He said parties such as that should be held on Padre Island and not on Corpus Christi Beach. He said he was in Galveston last weekend and the Kappa beach party there caused major problems. Mr. Phil Rosenstein referred to the budget discussion held during the January 25, 2000, Council meeting and to a related article in the local newspaper. He said the Council should not have 2 Minutes Regular Council Meeting February 8, 2000 Page 3 to receive information from the newspaper since it should be provided by staff. Mr. Garcia said Mr. Rosenstein's comments raise the issue of the difficulty that staff has in speaking to Council members individually outside of the public forum. He said the Attorney General has made very rigid rules about the City Mariagerms ability to contact Council members, basically saying that he cannot do so in private forums and he carmot disclose confidential briefing material outside of a public forum. He said staff has to ensure that briefing documents are disseminated to the public at the same time they are provided to the Council. Dr. Gonzales said the Council has not been told that and he asked if that meant that the Council was not able to ask the City Manager any questions. City Attorney Bray said the Open Meetings Act provides that there cannot be a quorum of the City Council communicating at any one time. Mr. Garcia said he used to have individual meetings with the Council members to discuss specific items but he can no longer do that. He explained that over the last several months the new Attorney General has clarified the Open Meetings Act rules in a very conservative way by indicating that the public's business must be done in public. Mr. Bray added that there are some gray areas but the basic rule is that one cannot circumvent a quorum. Mr. Colmenero asked that the Council be provided with an explanation as to ~vhether the Attorney General's interpretation hinders the relationship between the Council and staff. Mr. Leon Perez said people in the community are tired of the decrepit condition of the old Nueces County Courthouse, and he questioned why that issue has not been resolved. Mr. Roland Garz& 4645 Ocean Dr.. said he is the civil rights chairman for the Felix Longoria Forum and he has been working with city employees for over two years. He said they have been talking ,;~ith the City Manager about city staff who use city equipment, supplies and time to operate private businesses. Mayor Neat asked if Mr. Garza's concerns had been considered through the grievance process. Mr. Garza replied affirmatively, adding that he also presented the information to Mr. Garcia. Mayor Nea! called for consideration of the consent agenda (Items 3-8). Council members requested that Item 5 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2000-034 Motion approving a supply agreement with Vulcan Construction Materials, LP, San Antonio, Texas for approximately I0.500 tons of cold mix-cold laid asphalt, Type B, Item 330 in accordance with Bid Invitation No. BI-0049-00 based on sole source for an estimated annual expenditure of $299,250. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of Minutes Regular Council Meeting February 8, 2000 Page 4 the supplier and the City Manager or his designee. The Street and Utility Departments will be using this material for the patching and repairing of city streets. Funds have been budgeted by the Street and Utility Departments for FY99-00. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M2000-035 Motion authorizing the City Manager or his designee to execute a construction contract with Malek, Inc. for a total fee not to exceed $20,880 for the Parkdale Library chiller replacement project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." ORDINANCE NO. 023930 Ordinance appropriating $9,817.75 from the Estate of L. Lloyd Sessions in the No. 6010 Trust Fund - Museum Donations; authorizing the transfer of $9,817.75 to the Friends of the Corpus Christi Museum of Science and History for the benefit of the Museum. An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye.' ORDINANCE NO. 023931 Ordinance amending the Corpus Christi Code of Ordinances, Chapter 24, Sections 24-33, 24-37, 24-40, 24-46.24-47, 24-48, 24-49, 24-50, 24-51,24-52, 24-53, 24-54, 24-55, 24-56, 24°58, 24-62, 24-64, 24-65, 24-66 of Human Relations, Article III, Discrimination in Housing and providing for penalties. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye." ORDINANCE NO. 023932 Amending the Zoning Ordinance by defining farmers market and farmers market retail sales area and allowing the farmers market retail sales area in "B-3" Business Districts and "B-4" General Business Districts; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 4 Minutes Regular Council Meeting February 8, 2000 Page 5 The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero. Cooper, Garrett, Gonzales. Kinnison. B. Longofia, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 5, acquisition of land parcel. Responding to Council Member Scott, Mr. Bray said the Council needs to approve the purchase of the property at the proposed price so the city can take the land and put it in the registry of the court. He said there is a separate decision about whether to appeal to the County Court but meanwhile the project can proceed. City Secretary Chapa polled the Council for their votes: 5. M2000-036 Motion authorizing payment of the Special Commissioners' condemnation award of $207,600 for acquisition of Parcel No. 34 located at the Ennis Joslin/South Alameda intersection in connection with the Spur 3, Phase 2 Improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neat referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0100-01, Roy Smith and W.M. Bevlv: A change of zoning from an "AB' Professional Office District to a "B-4" General Business District on Kings Square Addition, being the north 2.36 acres out of Lot 7A, located on the north side of McArdle Road, approximately 400 feet west of Shopping Way. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-4" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023933 Amending the Zoning Ordinance upon application by Roy Smith and W.M. Bevly by changing the zoning map in reference to 2.36 acres out of Lot 7A, Kings Square Addition, from "AB" Prot~ssional Office District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Minutes Regular Council Meeting February 8, 2000 Page 6 An emergency was declared and the foregoing ordinance passed by the following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 10. Case No. 0100-02. The Joslin Partnership: A change of zoning from an "R-1B" One-family Dwelling District to a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 1.495 acres out of Lots 6 and 7, located on the northwest comer of South Padre Island Drive and Ennis Joslin Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B~4" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023934 Amending the Zoning Ordinance upon application by The Joslin Parmership, by changing the zoning map in reference to 1.495 acres out of Lots 6 and 7, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R-1B" One-family Dwelling District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal. Colmenero, Cooper, Garrett, GoDTales, KinBison, B. Longoria. J. Longoria, and Scott voting "Aye." Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 11. Case No. 0100-03. Town Market: A change of zoning from an "R-2" Multiple Dwelling District to a "B-1" Neighborhood Business District on L.A. Barrett, Block 1, being the west 0.30 acre out of Lot I, located on the northeast comer of Colonial Court and Old Robstown Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-I" District. No one appeared in opposition to the zoning change. Mr. Kirmison made a motion Minutes Regular Council Meeting February 8, 2000 Page 7 to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDiNANCE NO. 023935 Amending the Zoning Ordinance upon application by Town Market, by changing the zoning map in reference to the west 0.30 acre out of Lot 1, Block 1, L.A. Barnett, from "R-2" Multiple Dwelling District to "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison~ B. Longoria, J. Longoria, and Scott voting ~'Aye." Mayor Neal opened discussion on Item I2, agreement with the Corpus Christi Convention and Visitors Bureau (CVB). Deputy City Manager Noe said the concerns raised by the Council during their January 25, 2000, meeting about the CVB have been addressed in the agenda support material. He said language has been added to the agreement to clarify that the compensation does not apply to the 2% of the hotel/motel tax that has been dedicated to the expansion of the Convention Center. In addition, in the section regarding board membership, language has been deleted that referred to specific geographic areas of the city, and term limits have been included. Mr. Noe said that in the section regarding administration and bylaws, language has been added that requires that any amendments to the bylaws be approved by a two-thirds vote of the board after providing a 10-day written notice of the proposed change to all board members, the City Council, and the City Manager. Mr. Noe added that the CVB Interim Board met last week and recommended approval of the proposed agreement and bylaws. The three Council members who served on the interim board--Mrs. Longoria, Mr. Colmenero, and Mr. Garrett--commented that they were in agreement with the action taken by the interim board on the proposed documents, but they were waiting to see what Mr. Kinnison would be proposing. Mr. Kinnison said he had a proposed amendment to the CVB agreement faxed to each of the Council members earlier in the day. He then made a motion to add the following sentence to Section 2 under "General Provisions-Administration and Bylaws": ~Changes in the terms of the employment agreement with the President/Chief Executive Officer may be made only after providing 10 days written notice to all Board members, the Mayor and City Council. and the City Manager." Minutes Regular Council Meeting February 8, 2000 Page 8 Mr. Kinnison said his proposal is simply an informational amendment so that future Councils will be aware of the terms of the CVB President' s employment agreement. He said his proposal also requires informing the CVB board members because, in the past, very few board members of the Greater Corpus Christi Business Alliance were aware of the terms of the employment agreements of the three top executives. He added that this information is important because 100% of the CVB's funds come from public monies, and there are some employment contracts which could create a liability to future budgets. Responding to Mr. Colmenero, Mr. Bray said Mr. Kinnison's proposal is just a notification provision. Council Member Cooper seconded Mr. Kinnison's motion. Council Member John Longoria asked Mr. Bray if the CVB is subject to the regulations of the Open Records Act, and Mr. Bray said it is because it consists of public fimds. Mrs. Longoria said she did not want to hinder the board or the CVB from doing its job. Mr. Noe said Mr. Kinnison's proposal creates an additional step. He said the board will view it as the Council wanting to be involved in determining the compensation and other terms of employment of the CVB president. He added that another section of the agreement states that there cannot be contracts that extend beyond a one-year period unless the City Manager approves them in advance. He said it is an attempt to limit the city's exposure in the event the Council elects to cancel the agreement at some point. Council Member Gonzales said the Council needs to have faith in the board members it will appoint, adding that he did not support Mr. Kirmison's proposal. Council Member Cooper said she supports the proposal because it is beneficial to the Council to be aware of changes that occur. She said if the Council was required to act on any changes, that might be construed as micro-managing but this is merely a notification provision. Mr. Longoria spoke in favor of Mr. Kinnison's motion, saying that it provides information and removes the element of surprise. Mayor Neal called for comments from the audience. Mr. Bill Pruet, Chairman of the CVB Interim Board, said he understands the Council's need to be informed about issues and their accountability for taxpayers' dollars. He said for those reasons, the Mayor and City Manager, or their designees, shall serve as (non-voting) members of the CVB board. He said he thought that Mr. Kinnison's motion implied that the Council was preparing to appoint a board of directors that they do not trust to do the fight thing for the city and for the tourism industry. Mr. Pruet said that over the last decade the CVB has performed better than any other economic segment in the community. He added that the proposal is not necessary and can be counterproductive. Mr. Longoria said if the CVB is not willing to disclose information about its operations to the Council, then they would not be willing to do so to the public. He said everyone knows what the City Manager makes but by not disclosing the CVB president' s employment terms, they are creating 8 Minutes Regular Council Meeting February 8, 2000 Page 9 hurdles for the Council and the public and inviting scrutiny by the media. Dr. Gonzales said that unless Mr. Longoria was aware of any corrupt practices at the CVB, he should not make statements like that. Dr. Gonzales questioned why Mr. Kinnison waited until this point to make his proposal, adding that he should have approached the Council members who served on the interim board about it. He also said that the current CEO, a woman, is getting paid less than the previous CEO, a man. Mr. Garrett said that much work was done in preparing the agreement and bylaws, including the provision that the Mayor and City Manager will serve as board members. He said he was opposed to any changes to the proposal, adding that it should be approved as presented. Mr. Kinnison said he strongly resented anyone implying that he or any other Council member has a hidden agenda with regard to the CVB. He said people have said that his proposal is directed at the current CEO; rather, it is about public information. He questioned whether the Council members were aware of the CEO' s employment terms and whether they are consistent with the terms established through the Alliance. He added that he is not interested in vetoing any agreements. Mrs. Longoria said she raised Mr. Kiunison's concerns to the interim board. She said it appears that the Council keeps erecting hurdles to the CVB's proposals. Instead, the Council should appoint the permanent board and let them move forward. She said she did not think there would be a lack of communication with the CVB board because there are some Council members who ask questions and the Mayor and City Manager are represented on the board. Council Member Scott said he thought there was unnecessary concern about Mr. Kinnison's motion, which he supports. City Secretary Chapa polled the Council for their votes on Mr. Kinnison's motion to amend, and it passed by the following vote: Neal, Cooper, Kirmison. J. Longoria, and Scott voting "Aye"; Colmenero, Garrett, Gonzales. and B. Longoria voting "No." Mr. Chapa then polled the Council for their votes on Item 12 as follows: 12. M2000-037 Motion authorizing the City Manager or designee to execute an agreement with the Corpus Christi Convention and Visitor's Bureau (CVB) whereby the CVB will promote convention and visitor activity in the Corpus Christi Bay area for an armual payment based on the level of hotel/motel tax receipts. The term of the agreement is January 1, 2000 through July 31, 2005. The foregoing motion passed, as amended, by the following vote: Neat. Cooper, Garrett, Gonzales, Kinnison, J. Longoria, and Scott voting "Aye"; Colmenero and B. Longoria voting "No." Mayor Neat opened discussion on Item 13, convention center expansion and rehabilitation. Minutes Regular CouncilMeeting February8,2000 Page 10 The Mayor called for comments from the audience. Mr. Roland Barrera. Co-Chairman of the Hispanic Contractors Association, cormnended staff for their recommendation of Gilbane Building Company, which he said has a history of working with minority-owned and small businesses. He read a letter from Council Member Gustavo Garcia of Austin, who praised the work Gilbane performed for the City of Austin's convention center. Council Member Scott asked if the consultants would be working with convention planners to seek their input. Mr. Tom Utter, Assistant City Manager for Development Services, introduced Ms. Janet Houston with PKF Consulting and Mr. Freddie Castillo with Gilbane. Ms. Houston said they have done a lot of work with several Texas cities in the expansion and development of their convention centers. She said they work with representatives of the Convention and Visitors Bureaus and with meeting planners about their requirements. City Manager Garcia said they are hoping that the consultants will provide the specific building program for the convention center expansion project. He said they know how much money will be raised from the 2% increase in the hotel/motel tax, which will determine the design and appearance of the expanded and renovated convention center. He said they are also combining the feasibility analysis for the convention center with the multi-purpose arena, which they hope to locate in the same area and which will be part of the bond issue. Mr. Garcia added that even before the project is completed, the CVB can begin marketing the expanded facility to convention planners. Mr. Scott asked what would happen to Memorial Coliseum if a new arena is built. Mr. Garcia replied that part of the justification for a new arena is the inadequacy of the coliseum--it is too small for many events. However, there is a demand for a facility the size of the coliseum but the question is how will the arena and coliseum work as complementary facilities rather than as exclusive facilities. He pointed out that the coliseum ~vill require specific analyses that are not part of this contract. Responding to another question from Mr. Scott, Mr. Utter said there will be a Web site where people can access information about the convention center as the project progresses. In reply to Council Member John Longoria. Mr. Utter said the existing program also provides for the convening of a minority advisory committee. Council Member Gonzales asked about the various stages, and Mr. Utter said they consist of the needs assessment, design phase, and construction phase. He said the needs assessment should be completed by June or July 2000. Dr. Gonzales said he fully supports an arena but he questioned its location. Mr. Garcia replied that staff recommended--and the Council agreed--that the arena be located in the immediate proximity of the convention center. He explained that the 2% increase in the hotel/motel occupancy tax will allow the city to finance approximately $22 million to $24 million, which will not be sufficient to build an optimally sized convention center. However, one of the ways to increase the capacity, attractiveness, and flexibility of the convention center is to build an arena in the immediate vicinity so the two facilities can be jointly marketed and utilized. He noted that the contract for the needs assessment is structured to take both facilities into account. During the design phase, the 10 Minutes Regular Cotmcil Meeting February 8, 2000 Page 11 architects will consider not only the design of the arena and the convention center, but also the reconfiguration of the streets in that area and parking requirements. Council Member Kinnison asked if the Regional Transportation Authority and the Port of Corpus Christi Authority would also be involved in this process, and Mr. Utter said they would be. He added that the sources of utilization listed in the needs assessment contract summary are not limited to those items. Mr. Kinnison said the analyses need to factor in the enhancements that the convention center and arena can provide to other revenue sources, such as the hotel/motel tax, sales tax, and ad valorem tax. Responding to Council Member Colmenero, Mr. Utter said the facility will have to be built for future growth. He said the increase in the hotel/motel tax is for expansion, renovation, and maintenance of the convention center. Mr. Scott asked about the CVB's role in this process. Mr. Utter replied that the Oversight Committee includes representatives from the CVB, the Downtown Management District, and the Hotel/Motel/Condominium Association. City Secretary Chapa polled the CounciI for their votes as follows: 13.a. RESOLUTION NO. 023936 Resolution of statement expressing official intent to reimburse costs of certain Convention Center expansion and rehabilitation projects. The foregoing resolution passed by the following vote: Neat, Colmenero, Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria. and Scott voting "Aye"; Cooper absent. 13.b. ORDINANCE NO. 023937 Ordinance appropriating $650,000 from the estimated hotel tax revenue in the No. 1030 Hotel Occupancy Tax Fund for needs assessment and project management services for the Convention Center expansion and renovation project; amending the FY99-00 budget, adopted by Ordinance No. 023702, by increasing estimated hotel occupancy tax revenue from the additional 2% authorized for the Convention Center expansion by $1,419,793 and by increasing appropriations by $650,000 in the No. 1030 Hotel Occupancy Tax Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett. Gonzales, Kirmison. B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 13.c. M2000-038 Motion authorizing the City Manager or his designee to execute a contract with PKF Consulting, Inc. in the amount of $ 175,000 for needs assessment services for the Convention Center expansion and rehabilitation project. Minutes Regular Council Meeting February 8, 2000 Page 12 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. 13 .d. M2000-039 Motion authorizing the City Manager or his designee to execute a contract with Gilbane Building Company in the amount of $486,000 for project management services for the Convention Center expansion and rehabilitation project. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal opened discussion on Item 14, proposed amendment to the Southside Area Development Plan. He called for comments from the audience. Mr. H.G. Garrett, 4934 Curtis Clark, said he is a member of the Gardendale Committee which ~vorked on this project with staff. He said the one subject that has been neglected through this process with the Planning Commission has been traffic control, which is still an important issue to the neighbors in that area. He said he has talked with Mr. David Seiler, Traffic Engineer, about their concerns, who indicated his support. Mr. Garrett asked the Council to table this item until they get a comprehensive traffic control plan in Gardendale that the residents can live with. Mr. Michael Gunning, Director of Planning and Development. said the plan is a general guide for development in the Gardendale area and it includes adopted policies for allowing the city's Traffic Engineering Department to ~vork with the Gardendale residents in identifying the type of traffic management projects that would be appropriate, depending on the specific intersections. He noted that the residential traffic management program has been in place for some time and this plan allows the program to be implemented. Responding to Council Member John Longoria, Mr. Seiler said staff plans to meet with the Gardendale Committee to discuss the results of some traffic counts that have been obtained and about where they feel the traffic calming devices can be placed. Mr. Longoria said aggressive driving and speeding has become an important issue which they are working to address. Mayor Neal asked staff to bring back a plan for the traffic management program in Gardendale within 60 days. City Secretary Chapa said Council Member Gonzales ~vould abstain from voting on Item 14. He then polled the Council for their votes as follows: 14.a. ORDINANCE NO. 023938 Amending the Southside Area Development Plan, an element of the City's Comprehensive 12 Minutes Regular CotmciI Meeting February 8, 2000 Page 13 Plan, by amending the policy statements to include new statements B.9, B.10, B.11, C.5, D.12 & D.13 relating to recommended land uses, traffic calming devices, park improvements, and increased code enforcement; and by amending the future land use map. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria~ and Scott voting "Aye"; Gonzales abstaining. 14.b. M2000-040 Motion to amend ordinance prior to second reading by revising Section 12A-2 Use Regulations by removing restrictions on restaurant alcohol sales. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales abstaining. 14.c. ORDINANCE NO. 023939 Amending the Zoning Ordinance by adding Article 12A, "B-1A" Neighborhood Business District; by defining Adult Day Care Facility; by amending Article 24, Height, Area & Bulk requirements by adding a row for the "B-1A" District; by amending Article 27, Supplementary Height, Area and Bulk Requirements by adding "B-1A" to the districts eligible for height modifications in Section 27-2.02; and by amending Article 27B; Landscape Requirements by amending Section 27B-7 Street Yards by adding B-1A to the zones listed in Paragraph B of Section 27B-7.0 I. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye"; Gonzales abstaining. Mayor Neai opened discussion on Item 15, subdivision drainage improvements. There were no comments from the audience. Council Member Kinnison thanked staff for their efforts on this project. City Secretary Chapa polled the Council for their votes as follows: 15. M2000-041 Motion authorizing the City Manager or his designee to execute a construction contract with Hunt Contractors, Inc. for a total fee not to exceed $492,530 for the Glen Arbor and Crossgate Subdivision drainage improvements. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, 13 Minutes Regular Council Meeting February 8, 2000 Page 14 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neat opened discussion on Item 16, agreement with the Nueces River Authority. There were no comments from the audience. City Secretary Chapa polled the Council for their votes: 16. RESOLUTION NO. 023940 Resolution authorizing the City Manager or his designee to execute an interlocal agreement with the Nueces River Authority to provide regional water planning, protection, and development services for an initial period of February 8 - July 31, 2000, with the option to extend for up to five additional city fiscal years, subject to annual appropriation. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria. J. Longoria, and Scott voting "Aye." Mayor Neat recessed the regular Council meeting to hold the joint meeting of the Corpus Christi Housing Finance Corporation and the Corpus Christi Community Improvement Corporation. After reconvening the regular meeting, Mayor Neal announced the two executive sessions, pursuant to Texas Government Code Section 551.071 regarding the following: City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107t" District Court, Cameron County, Texas, with possible discussion and action related thereto in open session; and regarding the following cases against the City of Corpus Ckristi et al in the United States District Court for the Southern District of Texas, Corpus Christi Division: William Bussey No. C-99-171, John Betz No. C-99-133, Amulfo Guerrero, Jr. No. C-99-143, Mark Schauer No. C-99-144, Charles Bartels No. C-99-158, William Livingston No. C-99-159, Duane Pacheco No. C-99-168, and Gilbert Garcia No. C-99-170, with possible action thereon in open session. The Council went into executive session. The Council returned from executive session. Mayor Neat made the following motion, which was seconded by Council Member Gonzales: N. 1. M2000-042 Motion rejecting the class settlement approved by the Court in City of San Benito et al v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107m District Court, Cameron County, Texas. The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett, Minutes Regular Council Meeting February 8, 2000 Page 15 Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal called for the City Manager's report. Mr. Garcia said next week is the Council's presentation and policy meeting and it will focus on the bond issue as well as a discussion of the city's health insurance. The Mayor called for Council concerns and reports. Mr. Longoda reported parking problems on the access road of S .P .I.D. between Everhart and Ayers, particularly on weekends. Mr. Angel Escobar, Director of Engineering Services, said staff has notified the property owners about that issue and enforcement will continue. Mr. Longoria then referred to the performance reports and he suggested that staff provide brief updates to the Council. He also asked staff to look into holding a reception for the citizens who volunteer for the city's boards and commissions. Responding to a question from Mr. Longoria, Mr. Garcia said the proposed contract with EMA for consulting services associated with the mengineering of the water and wastewater departments will be brought to the Cotmcil on February 22nd. Mr. Longoria also asked that staff look into the possibility of including Cliff Maus Drive in the upcoming bond program. Mr. Kinnison said that with regard to a reception for board and commission members, the League of Women Voters at one time had an annual event like that. He also asked that when the outside auditors review the city's solid waste plan they also look at the implications of the five-year projection. Mr. Scott asked staff to set up a meeting with Coastal's corporate office to discuss the advantages of operating their facilities in Corpus Christi. as well as consider holding similar meetings with other port industries. Ms. Cooper said she and Dr. Gonzales. Mr. Scott and Mr. Garrett held a town hall meeting last night at King High School and one of the issues discussed was flooding around Gollihar. She said they have scheduled another meeting at Meado~vbrook Elementary on February 281h, at which time city staff will be available to answer questions about drainage problems in that area. Dr. Gonzales agreed that the meeting was well attended, and he asked staff to research the flooding problems there. There being no further business to come before the Council, Mayor NeaI adjourned the Council meeting at 4:47 p.m. on February 8, 2000. AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of thirty_eight computem from Compaq Computer Corporation, Houston, Texas to be used by the Central Library in accordance with the State of Texas Cooperalive Purchasing Program for a total of $53,960. Funds are available through the Telecommtmication Infrastructure Fund (TIF) Grant. BACKGROUND: The computers will replace the existin;dumb'terminals used by the public for accessing the libraries catalogue system. Award Basis: State of Texas Cooperative Purchasing Program. Funding: CentralLibrarySystem: 550050-1050-807100 $53,960 Michael arrera, C .M. Acting Director, Materials Managemere 17 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Calgon Corp., Pittsburgh, Pa., for approximately 180 tons &liquid cationic polymer solution in accordance with Bid Invitation No. BI-0046-00 based on low bid, for an estimated annual expenditure of $142,200. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. The Water Department will use this chemical for the treatment of our water supply. Funds have been budgeted for FY 99-00. BACKGROUND: Polymer is used as an aid to settle out the mud and impurities in our water supply. The polymer has a positive electrical charge which neutraliTes the negatively charged particles and allow them to come together (floc) and settle to the bottom of the basins. The dumping together of the particles makes it easier to separate the solids from the water by sealing, draining and f~tering. Previous Contract: The option to extend the current contract has been exercised, requiring new bids to be received. Bid Invitations Issued: Sixteen Bid Received: Five Price Analysis: Pricing has increased approximately 5.5% since the last coreract of 1997. Award Basis: Low Bid - The Water Department concurs with the recommendation. Funding: Water Department 52001-4010-31010 IM:'~c~e~Barr~.~C.p.M~f~. Acting Director of Materials Management $145,000 MB/ecb 18 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO.: BI-0048-00 LIQUID CATIONIC POLYMER QUANTITY: 180 TONS BUYER: ESTHER C. BARRERA UNIT PRICE TOTAL VENDOR PER TON PRICE CALGON CORP. PI'I'I'SBURG, PA. $790.00 $142,200.00 ALTIVIA CORPORATION HOUSTON, TX. 828.00 149,040.00 STOCKHAUSEN, INC. GREENSBORO, N.C. 900.00 162,000.00 BAY CHEMICALS 962.00 173,160.00 ODEM, TX. NALCO CHEMICAL 1,067.00 192,060.00 PORTLAND, TX. * NOTE: NALCO CHEMICAL, PORTLAND, TX. SUBMITTED PRICING FOR 30% ACTNE POLYMER SOLIDS AT $800rrON. ALL OTHER BIDDERS SUBMITTED PRICING FOR 40% ACTIVE POLYMER SOLIDS. FOR EVALUATION PURPOSES, THE PRICING SHOWN FOR NALCO CHEMICAL HAS BEEN CONVERTED TO REFLECT AN EQUIVALENT PRICE FOR 4,0% ACTIVE POLYMER SOLIDS. 19 CITY COUNCIL AGENDA MEMORANDUM Date: January 31, 2000 AGENDA ITEM: Motion approving the purchase of technical support services from Oracle Corporation for a total annual cost of $34,920. The term of services will be 12 months and includes software licenses and services for Oracle database. ISSUE: Oracle Corporation has submitted quote #477939 for licensing and technical support of the Oracle databases associated with PeopleSoft Financiats, CSI# 1910418 for $22,320, and PeopleSoft Human Resources/Payrol I, C SItt 1910421 for $12,600. Support is for the period March 27, 2000 through March 26, 2001. The Oracle databases are used solely for the PeopleSoft applications and support for these databases is critical for their continued operation. Oracle Corporation is the sole provider of this licensing and technical support. According to Local Government Code 252.022(a)(7)(D). these are sole source procuremerit. BACKGROUND: On March 24, 1998, Cit3, Council authorized the purchase of PeopleSoft Financials and Human Resoumes/Payroll applications utilizing Oracle databases. Licensing and technical support for the Oracle databases were included in that purchase. FUNDING: The total cost of $34,920 will be funded from the MIS Department's current fiscal year operating budget. This purchase is within total project budget. REQUIRED COUNCIL ACTION: City Council approval is required for purchases over $15,000. RECOMMENDATION: Staff recommends the purchase of twelve (12) months software license and services from Oracle Corporation for the total amount of $34,920. John A. Bacon Director of Information Systems Attachments: Quote :~477939 wc~mo3~ OOC 20 CONTRACT SUMMARY Vendor: Oracle Corporation Contract Terms: This contract is for one year, March 27, 2000 through Mamh 26, 2001. During this period, Oracle will provide the City of Corpus Christi with 7-day, 24-hour telephone and Intemet technical support of the City's existing Oracle database software. Included are all product upgrades~ maintenance releases, and electronic services for self-help, reference, and information. Reported problems will be worked on according to its severity level. Severity 1 problems are worked on around the clock until resolved. Contract Cost: The total contract cost will not exceed $34,920. 21 AGENDA MEMORANDUM DATE: February 15, 2000 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a Supplement Environmental Project Agreement with the Texas Natural Resources Conservation Commission, which will provide a contribution of $350,000, from Koch industries, Inc., for the purchase of an "Emergency 1" hazardous material response vehicle. Ordinance appropriating $350,000, received from Koch Industries, Inc., in account No. 1050-00000-806091, TNRCC-SEP Account, to purchase an "Emergency 1" hazardous material response vehicle; and declaring an emergency. Issue: The purchase of a hazardous material response vehicle will enhance the ability of the Corpus Christi Fire Department to respond to hazardous materials incidents that potentially affect the citizens and the environment of the City. The TNRCC has made funds available for the purchase through a Supplemental Environmental Project Agreement funded by Koch Industries. Financial Commitment Required of the City: No matching funds required for this Agreement but an additional $419.50 required for purchase will be taken from Department's FY99-00 Operating Budget. Background: The Fire Department Hazardous Materials Team responded to ninety-five (95) incidents in 1999. These responses involved arefinery explosion, petroleum spills, acid spills and various other products of unknown origin. The Texas Natural Resources Conservation Commission (TNRCC) has appropriated $350,000 to purchase a much needed hazardous material response vehicle and equipment for the Hazardous Materials Team which will enhance its ability to handle these incidents. The funds are part of a local TNRCC Administrative Enforcement Action. Recommendation: Staff recommends acceptance of this Environmental Project Agreement, and adoption of this ordinance. Supplemental Attachments I. Ordinance 2. Supplemental Environmental Project Agreement 3. Agreement Summary 22 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of a baTardous materials response vehicle from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $350,419.50. The award is based on the cooperative purchasing agreement with HGAC. The hazardous materials response vehicle will be used by the Fire Departmere. Funds are available through a Texas Natural Resource Conservation Commission grant. The baTardous materials (HAZMAT) response vehicle will be used by the Fire Department to respond to emergency calls regarding refinery fires/explosions, petroleum spills, chemical spills and other baTardous materials releases. Basis of Award: The HAZMAT response vehicle will be purchased through the cooperative purchasing agreemere with the Houston-Galveston Area Council of Governments (HGAC). HGAC acts as a purchasing agent for participating members through the Interlocal Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: The City has not purchased a vehicle similar to this configuration. Funding: Fire Department TNRCC-SEP 550020-1050-806091 530190-1020-12060 $350,000.00 419.50 Total: $350,419.50 ,~, Michel Barrera, C .M. Acting Director, Materials Management 23 SUMMARY OF SUPPLEMENTAL ENVIRONMENTAL PROJECT (SEP) AGREEMENT II. III. Parties: City of Corpus Christi and The Texas Natural Resource Conservation Commission Aareement: The City of Corpus Christi agrees to accept $350,000 from the Supplemental Environmental Project of the Texas Natural Resource Conservation Commission to purchase the Following items to use to response to hazardous material incidents: A. An "Emergency 1" hazardous material response vehicle. B. Emergency response equipment. C. Personal protective equipment. D. Spill response and containment equipment. E. A remote video camera with telescopic mast. General Conditions: This Agreement shall take effect upon the first reading as an emergency measure and remains in effect for one year, unless renewed in writing by mutual agreement of the parties. Either party may terminate this Agreement at any time by giving 30 days written notice to the non-terminating party. Within 30 days of the effective date of terminatiom the City shall make a written accounting to the TNRCC of all SEP monies receive, interest accrued, and expenditures made under this Agreement. and shall pay to the General Revenue Fund of the State of Texas any such monies not spent in accordance with this Agreement, including any interest earned on such monies. 24 SUPPLENIENTAL ENVIRONNIENTAL PROJECT AGREENIENT betxveen CITY OF CORPUS CHRISTI and THE TEXAS NATURAL RESOURCE CONSERVATION CONIMISSION WHEREAS. pursuant to TEXAS WATER CODE SECTION 5.051, the Texas Natural Resource Conservation commission CTNRCC") is created as an agency of the state, with the authority under TEXAS WATER CODE SECTION 5.229 to enter into contracts and with the authority under TEXAS WATER CODE SECTION 5.102 to perform acts specifically authorized or necessary and convenient to the exercise of its jurisdiction and powers: and WHEREAS. pursuant to TEXAS WATER CODE SECTION 7.067. the Texas Natural Resource Conservation Commission may consider the willingness of a respondent in an administrative entbrcement matter to contribute to supplemental environmental projects that are ,qpproved bv the Commission: and WHEREAS. the City of Corpus Christi ("City"), is a Texas municipality: and WItEREAS. the City's project described in tile Project Description (Attachment A) meets the definition of a supplemental environmental project ("SEP"). pursuant to TEXAS WATER CODE SECTION 7,067 and the SEP policy statement dated October 26. 1995: and WItEREAS. tile signatories to this Agrcenlcnt have beei~ authorized to enter into agrecnlents aIM execute elmtracts in fuft[lcrilncc or' []lc nllssioll of their respective t~rganizatDns: NOW. TIIEREFORE. the parties agree as/bllows: Approvahle SEP: The TNRCC agrees tile project described in Attachment .X constitutes :tlt approvable supplemental enviromnental project in ctm~pliance with the TNRCC Supplemental Environmental Project Statement dated October 26. i995 and that funds voluntarilv cllntributed as part of a '4ettlement ,~t' a TNRCC entbrcement action max be used to fund the project. Maintenmlce of SEP Monies: The City agrees to maintain funds x~hich are approved by the TNRCC and contributed by Koch Industries. Inc. in an roterest- bearing account used cxclusixcl.x for such funds. Such contributions qhaI1 be referred to in this Agreement as "SEP monies.' Page i lit' S 26 City of Corpus Christi Supplemental Environmental Project Third Party Agreement Use of SEP ~lonies: The City agrees to expend SEP monies which it receives solely for the project described in the attached project description (Attachment A) . The City agrees that it shall not use any SEP monies. nor interest from such monies. for educational materials or administrative expenses. Accounting: The City shall specifically account for the receipt and expenditure of SEP monies. including all interest earned on such funds. Timely Expenditure: The City agrees to spend all SEP monies received prior to expiration or termination of this Agreement and to ensure the expenditure of such monies results in adequate and timely work performed or purchases made in accordance with this Agreement. The City agrees to provide the TNRCC with timely notice and justification for the inability to spend SEP monies within six months of contribution. Other Contrihntors: Nothing in this Agreement shall be construed to prexcnt the City from accepting funds from charitable contributors or other sources to tile extent permitted by law. Additional Funds Reqnest Limitation: TIle City also agrees that it will nl>t request additional contributions ~'om Koch Industries. Inc., rbr this or any similar purpose. within six months of receiving funding fi'om them tbrougb the SEP. TNRCC Enforcement Actitms: This Agreement does not create any rights on behalf of the City t>r contributing respondeats in TNRCC cntbrccmcnt actions. The City shall bare 11o role in tbe TNRCC enforcement process otber fi~an D rcccix c approved. voluntary SEP contributions from respondeats. according to the terms of this Agreement. Project Performance: TIle City agrees that the project described in :\ttachment A funded with SEP monies shall be pert~rmed in accordance with thi_, .\grecn~ent and all applicable State and Federal laws. TNRCC rules. and SEP ptllicies. I0. Reporting: The City agrees to provide the TNRCC SEP coordinator \~ith reports according to the requirements m Attachment A. The timely submittal ,ff cc~mplete reports qhall he considered an essential element of pert'orn~ancc tilldcr thi> Agreement. 11. [uformation Sharing: To the extent permitted by law. the parties mutually agree to provide to each ,>ther any further documentation required that is directl3 pertinent to perDrnlance under this Agreement. TIle TNRCC does no[ \x ai',e an', Page 2 of' 8 27 City of Corpus Christi Supplemental Enviroumental Project Third Party Agreement rights it may have under the Texas Public In/brmation Act. VERNON'S TEX. GOV. CODE ~ 552. or other law: the City agrees to provide to a representative of the TNRCC. upon request. access to all financial records, grant documents. invoices and contracts related to the receipt of SEP monies. the expenditure of those monies. and performance of the project under this Agreement. The City shall require that sucl~ contractors, subcontractors and grantees provide the City or to a representative of the TNRCC. upon request. access to the site of any work being financed in whole or in part by SEP monies. i2. Publicity: The City will not publicize the contribution from Koch Industries. Inc. without notice to the TNRCC. the consent of Koch Industries. Inc.. and without including the tblIowing statement or its equivalent: "Koch Industries. Inc.'s contribution to dtis project was made voluntarily as part of the settlement of an enforcement action brought by the Environmental Protection Agency and tile State of Texas." 13. Agreement Term: This Agreement is eft~ctive on January 20. 2000 and remains in effect tier one year, unless renewed in writing by mutual agreement of the parties. Within 30 days of the et'ti:ctive date of termination. the City shall make a written accounting to the TNRCC of all SEP monies received. interest accrued. :rod expenditures made under this Agreement. and shalI pay to the General Revenue Fund of the State of Texas any such monies not spent in accordance with this Agreement. including anv interest earned on such monies. 14, Earl)' Termination: Either party may terminate this Agreement ~tt any tinlc bx giving 30 days written notice tt~ the him-terminating part). Refund tff SEP Monies: If at any time the TNRCC determines that SEP monies have been spent in a manner th,'tt has not resulted in adequate and timeh' work perthtreed or purchases made in accordance with this Agreement. the TNRCC shall be entitled to require payment fi'om the City of tile total remamin~ :tlnoull[ ot contributions. including any interest earned on those contributions. to the General Revenue Fund of tl~e State of Texas. [6. Effective Delivery: Any notice or other written communication sh:tll be considered delivered: t 1 ) x~hen postnaarked. provided it is sent by certified mail. return receipt requested: or 12) when delivered. if delivered in person to the TNRCC SEP Coordinator. the TNRCC Executive Director, or the responsible official of the City. Page 3 of 8 28 City of Corpus Christi Supplemental Environmental Project Third Party Agreement 17, Addresses: The initial addresses of the parties. which one party may change giving written notice to the other party. are as follows: The Citv of Corpus Christi David Garcia City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi. Texas 78469-9277 Texas Natural Resource Conservation Commission Litigation Division Attention: SEP Coordinator, MC i75 Texas Natural Resource Conservation Commission P.O. Box 13087 Austin. Texas 78711-3087 18 Point of Contact for Respondents: The City's designated point of toutact to receive SEP n~onies from contributing respondents shall be: J.J. Adame Fire Chief Corpus Christi Fire Department 201 N. Chapparral. #300 Corpus Chris/i. Texas 78401 19. Anlendnlents: [ lnless otherwise specified. this Agreement may be amended by written msu'ument signed and executed on behalf of the City and the TNRCC. 20. Several Provisions: The provisions of this Agreement are declared to be severable such that if an3 part of this Agreement is for anx reason tbund to be tmentbrccable. all other parts ~emain enforceable. 2I Governing Law: This ,kgreement shall be subject to and governed b\ the lax~ s ,it the State of Texas. Authorities Incorporated by Reference: Incorporated by ret~rencc. the salne as if specificall3' written herein. are the rules. regulations. and all other requirements imposed by law: including but not limited to compliance with the pertinen~ rules and regulations of the State of Texas and those of t~derai agencies providing funds to the State ot Texas. all of which shall apply to performance hereul~der. Page 4 of 8 29 City of Corpus Christi Supplemental Environmental Project Third Part)' Agreement 23. Full Integration: This Agreement. the attachments, and laws incorporated by reference merge the prior negotiations and understandings of the parties and embody the entire agreement of the parties. No other agreements. assurances. conditions. covenants lexpress or implied). or other terms of any kind. exist between the parties regarding this project. Page 5 3O City of Corpus Christi Supplemental Environmental Project Third Party Agreement I~ the undersigned. have read and understand this Supplemental Environmental Project Agreement. I am authorized to execute this Supplemental Environmental Project Agreement on behalf of the entity indicated below my signature, and I do hereby agree to tl~e terms and conditions specified herein. This Agreement is binding only after all parties listed below have signed this Agreement. Jim Phillips Deputy Director, Legal Services Texas Natural Resource Conservation Commission Date David Garcia City Manager Cit.~ of Corpus Chris/i Date Page 6 of 8 31 City of Corpus Christi Supplemental Environmental Prqiect Third Party Agreement Attachment A Snpplemental Environmental Project Proiect Description The City will use the contribution of three hundred and fifty thousand dollars ($350.000.00) from Koch Industries. Inc. to purchase an "Emergency 1" hazardous material response vehicle. which will contain emergency response equipment. personal protective equipment. spill response and containment equipment, and a remote video camera with telescopic mast. The vehicle wiI1 be purchased for the City's fire department and will function as a command post and communication center for responding to tbc release of hazardous materials. The prtUect will provide :t discernible environmental benefit by improving public safetv by enhancing the ability of the the City to respond to emergency releases of hazardous materials. The enhanced response ability :','ill also allow the City to better protect the environment in the altermath of a haz,'lrdous material release. Records and ReDortin~ The City shall maintain records tit' the 5;EP progran~ and shall submit a reports regarding the SEP program quarterly. The reports shall contain the t~llowing intbrmation: The total :nnoui~t of tile contributitm received under tile SEP program during the qum'ter: A descripti~m t~r the project to which SEP monies were allocated and progress made to date: A detailed list ,,t' actual expenditures paid by SEP monies with receipts or other verif~'ing documentation attached: A list of specific items paid lbr with SEP monies: identit~qng the check number. and recipient name: The balance nf the SEP Account. including interest earned to date: Projected expenditures of SEP monies remaining in the account: Any additional im'ornx~tion tbc Cicx believes will demonstrate con~ptiance w~th this Agreement. Page 7 of 8 32 City of Corpus Christi Supplemental Environmental Project Third Party Agreement The quarterly reports are due within 30 days of the end of each quarter. The City agrees to provide additional information concerning the SEP project as required by the SEP coordinator. All SEP reports and information shall be submitted to the following address: Litigation Division Attention: SEP Coordinator, MC 175 Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 Page 8 or' 8 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SUPPLEMENTAL ENVIRONMENTAL PROJECT AGREEMENT WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, WHICH WILL PROVIDE A CONTRIBUTION OF $350,000, FROM KOCH INDUSTRIES, INC., FOR THE PURCHASE OF AN "EMERGENCY 1" HAZARDOUS MATERIAL RESPONSE VEHICLE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the City Manager, or his designee, is authorized to execute a supplemental environmental project agreement with the Texas Natural Resource Conservation Commission, which will provide a contribution of $350,000 from Koch Industries, Inc., for the purchase of an "Emergency 1" hazardous matedal response vehicle. A copy of the agreement shall be filed with the City Secretary. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~---/A. day of Samuel L. Neal, Jr. Mayor ,2000. · E~'ni~oYr~ssisistant City Attorney R01101A1 .wpct 34 AN ORDINANCE APPROPRIATING $350,000, RECEIVED FROM KOCH INDUSTRIES, INC., IN ACCOUNT NO. 1050-00000-806091, TNRCC-SEP ACCOUNT, TO PURCHASE AN "EMERGENCY 1" HAZARDOUS MATERIAL RESPONSE VEHICLE; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTh SECTION 1. Appropriating $350,000, received from Koch Industries, Inc., in Account No. 1050-00000-806091, TNRCC-SEP Account, to purchase an "Emergency 1" hazardous matedal response vehicle. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Char~er rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This Samuel L. Neal, Jr. Mayor, The City of Corpus Christi day of r~.~,-~.-t7 , 2000: James R. Bray, City Attorney By: R Jay e~n' g '~ ;~~/~stant City Attorney R01101C3.wpd AGENDA MEMORANDUM DATE: February 15, 2000 AGENDA ITEM: Resolution authorizing the City's Fire Chief to execute an amendment to an existing Supplemental Environmental Project Agreement with the Texas Natural Resource Conservation Commission that will provide an additional $150,000, to be contributed by Koch Industries. Inc., to purchase site specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County area. Ordinance appropriating $150,000, received from Koch Industries, Inc., and $304.07 of interest in accotmt No. 1050-00000-806090, TNRCC-SEP account, to parchase site specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County area under the Corpus Christi/Nueces County Local Emergency Planning Committee's emergency response and communications during hazardous material incidents program; and declaring an emergency. ISSUE: The Local Emergency Planning Committee is recommending the placement of site specific alerting device systems for at risk areas in and around chemical industries in the Corpus Christi/Nueces County area. Background: The Local Emergency Planning Corrkmittee (LEPC) has purchased and placed seventy (70) tone activated radios tkrough an initial Supplemental Environmental Project Grant Agreement with the Texas Natural Resource Conservation Commission to enhance the Community Alert Notification and Information System Plan for Nueces County. There is still a need to parchase and place additional site specific alerting device systems in areas not initially covered. The system, activated by 911, will warn citizens by first providing a tone alert signal followed by a description of the incident, location and suggested action to take. This system can also be used for other emergencies such as tornadoes and hurricanes. Prior Council Action: Council approved to accept an initial grant for $16,000.00 on March 25, t997 to parchase and place seventy. (70) tone activated radios in the Oak Park and Hillcrest neighborhoods. In August 11, 1998 the initial grant was amended to place the radios in hospitals, schools and day care facilities due to the "buy-out" program of homes in the aforementioned area. Financial Commitment Required by the City: None RECOMMENDATION: Staff recommends approval of the amendment of $150,000.00 to the Supplemental Environmental Project Agreement to purchase site specific alerting device systems for at-risk areas in and around chen~al indus~ s in the Corpus Christi/Nueces County area. alncnenl, rjjZZl 1~ Attachments 1. Resolution 2. Ordinance 3. Amendment 36 AMENDMENT TO THE SUPPLEMENTAL ENVIRONMENTAL PROJECTS AGREEMENT BETWEEN THE CORPUS CHRISTIfNUECES COUNT LOCAL EMERGENCY PLANNING COMMITTEE AND THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION This is a letter of amendmere that must be signed by all the necessary parties to the Agreement Between The Corpus Christi/Nueces Count Local Emergency Planning Committee And The Texas Natural Resource Conservation Commission. The body of the existing agreement will be modified as follows: Agreement Term: This Agreement is effective on January 31, 2000 and remains in effect for 6 months, unless renewed in writing by mutual agreement of the parties. Within 30 days of the effective date of termination, LEPC shall make a written accounting to the TNRCC of all SEP monies received, interest accrued, and expenditures made under this Agreement, and shall pay to the General Revenue Fund of the State of Texas any such monies not spent in accordance with this Agreement, including any interest earned on such monies. Attachment A will include the following modifications to the existing agreement: Project Description: The City of Corpus Christi/Nueces County Local Emergency Planning Committee (LEPC) will use this SEP to supplement its integrated approach to "Emergency Response and Communication During Hazardous Material Incidents." Specifically, the LEPC will use the one hundred and fifty thousand dollars ($150,000.00) contributed by Koch Industries, Inc. to purchase site specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County area. This project will assist with the timely notification to area residents in the event of a chemical release, spill, fire, or other emergency incident that requires immediate notification of residents. Project Schedule: Within six months of the effective date of the consent decree, LEPC will procure, distribute and install the equipment in Nueces County, with a preference for communities that border chemical facilities. The LEPC agrees that the money contributed under the amendment will be used solely for the direct costs associated with the purchase and installation. 37 I, the undersigned, have read and understand this amendment to the Supplemental Environmental Projects Agreement between the Corpus Christi/Nueces County Local Emergency Planning Committee and the Texas Natural Resource Conservation Commission. I am authorized to execute this SEP on behalf of the entity indicated below my signature, and do hereby agree to the terms and conditions specified herein. Jim Phillips Deputy Director, Legal Services Texas Natural Resource Conservation Commission Date Chairperson Corpus Christi/Nueces County Local Emergency Planning Committee Date 38 RESOLUTION AUTHORIZING THE CITY'S FIRE CHIEF TO EXECUTE AN AMENDMENT TO AN EXISTING SUPPLEMENTAL ENVIRONMENTAL PROJECT AGREEMENT WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT WILL PROVIDE AN ADDITIONAL $150,000, TO BE CONTRIBUTED BY KOCH INDUSTRIES, INC., TO PURCHASE SITE SPECIFIC ALERTING DEVICE SYSTEMS FORAT-RISK AREAS IN AND AROUND CHEMICAL INDUSTRIES IN THE CORPUS CHRISTI/NUECES COUNTY AREA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTh SECTION 1. That the City' Fire Chief, who serves as Chairman, Corpus Christi/Nueces County Local Emergency Planning Committee (which the City administrates), is authorized to execute an amendment to an existing Supplemental Environmental Project Agreement with the Texas Natural Resource Conservation Commission (TNRCC), which will allow Koch Industries, Inc., to contribute $150,000 to the purchase of site specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Christi/Nueces County area. Copies of the agreement and a previous amendment are on file with the City Secretany. A copy of this amendment shall be filed with the City Secretany. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretany APPROVED: ~i~'''z4 day of Samuel L. Neal, Jr. Mayor 2000. James R. Bray Jr., City Attorney R. J ~einmg'n~//~ By: ~ssistant City Attorney R01101B1.wpd 39 AN ORDINANCE APPROPRIATING $150,000, RECEIVED FROM KOCH INDUSTRIES, INC., AND $304.07 OF INTEREST IN ACCOUNT NO. 1050-00000-806090, TNRCC-SEP ACCOUNT, TO PURCHASE SITE SPECIFIC ALERTING DEVICE SYSTEMS FOR AT-RISK AREAS IN AND AROUND CHEMICAL INDUSTRIES IN THE CORPUS CHRISTI/NUECES COUNTYAREA UNDER THE CORPUS CHRISTI/NUECES COUNTY LOCAL EMERGENCY PLANNING COMMITTEE'S EMERGENCY RESPONSE AND COMMUNICATIONS DURING HAZARDOUS MATERIAL INCIDENTS PROGRAM; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTh SECTION 1. Appropriating $150,000, received from Koch industries, Inc., and $304.07 of interest in Account No. 1050-00000-806090, TNRCC-SEP Account, to purchase to purchase site specific alerting device systems for at-risk areas in and around chemical industries in the Corpus Chdsti/Nueces County area under the Corpus Chdsti/Nueces County Local Emergency Planning Committee's emergency response and communications during hazardous material incidents program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of ,2000. ATTEST: THE CITY OFCORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED: This ~' 7~day of ,LZ~z-,,,,~.,.y, 2000: James R. Bray, City Attorne By: ," ~ R01101D3.wpd 40 AGENDA MEMORANDUM DATE: February 9, 2000 SUBJECT: Padre Island Pumping Plant improvements: Phase 1 - Ground Storage Tank Installation (Project No. 8349) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $306,650 with Bracco Construction for Phase I of the Padre Island Pumping Plant Improvements: Ground Storage Tank Installation project. ISSUE: The City has initiated efforts to correct low water pressure on Padre Island in order to comply with the TNRCC Administrative Order issued July 28, 1999 for non-compliance with state and federal standards. FUNDING: Funds forthis project are available in the FY99-00 Water Capital Projects Fund (Commercial Paper Program). RECOMMENDATION: Approval of the motion as presented. Eduardo Gara~a, P. = Water Superintendent r ADIrecltor of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit 'B" Project Budget Exhibit "C" Bid Tab Summary Exhibit "D" Location Map 42 BACKGROUNDINFORMATION SUBJECT: Padre Island Pumping Plant Improvements: Phase 1 - Ground Water Storage Tank Installation. PRIOR COUNCIL ACTION: January 18, 2000 - Ordinance amending the FY99-00 Capital Improvement Program by accelerating the Padre Island Pumping Plant Improvement Project and adding $1,030,000 to the Water CIP Program (Ord. #023922). FUTURE COUNCIL ACTION: 1. Authorization for Cit,/Manager or his designee to acquire land needed for the project. 2. Award contract for site improvements, upgrading the structure, controls, and pumping capacity of the booster station. BACKGROUND: The Padre Island water distribution system suffers from low water pressure during peak demand periods, particularly in the summer months. On July 8, 1998, the Texas Natural Resource Conservation Commission (TNRCC) performed a sanitary survey. As a result of the low water pressure found during this survey, TNRCC issued the City an Administrative Order (July 28, 1999) for non-compliance with federal and state standards. In order to comply with the Administrative Order, a portion of the Padre Island Pumping Plant Improvements was accelerated for implementation in FY 2000 rather than FY 2001. Phase 1 improvements to the pumping plant will improve distribution pressure by constructing a new 750,000 gallon ground storage tank reservoir with related pumps, piping and controls. FUNDING: Funds for this project are available in the FY99-00 Water Capital Projects Fund (Commercial Paper Program) PROJECT: To expedite the project, the proposed improvements will be completed during three phases, similar to the Southside Water Storage Reservoir and Pumping Plant. Phase I consists of erecting a new 750,000 gallon ground water storage tank and foundation as well as installation of the interconnecting piping with the existing tank and booster pumping plant. The tank can be installed in three months, with a June 2000 anticipated completion date, providing improved distribution pressure. Award of Phase I at this time is necessary due to the fabrication time required for delivery of the water storage tank. The contractor will be authorized to order the tank and materials upon award of the contract. Some land acquisition is required for the project. If acquisition cannot be negotiated in a timely manner, it will be necessary to proceed with condemnation. The contractor will be given notice to proceed with construction after land acquisition is completed. The project was originally programmed in three phases. Phase 2 and 3 will be bid as single project. The next contract will include necessary site improvements consisting of site work (drainage improvements, and access roadway), upgrading the structure, controls, and pumping capacity of the booster station. Certain improvements such as 43 Exhibit A security fencing, piping modifications, etc. will be administratively awarded as small contracts or be completed by Water Department personnel. Complet!on of this multi-phase project will result in improved distdbution system pressure on Padre Island. BIDS: The project was bid as a total base bid. Four bids were received ranging between $306,650 and $381,618. Due to the time constraint faced by the City, bidders were required to submit certification information with the bid proposal information related to the tank manufacturer and installation. The apparent low proposal was submitted by Bracco Construction of Corpus Christi. At the time of bid opening, three of the bids (including the low bid by Bracco) were declared irregular due to failure to include the certification information related to the tank manufacturer and installation. Review of the certification information provided by the fourth bidder (H&S Constructors) resulted in a determination that the information was incomplete, and therefore also irregular. Review with the Legal Department determined that the failure to include the certification with proposal and the incomplete certification submission constitute an omission. Section B-2-13 (Irregular Proposals) governs omissions. The sections states: "Proposals will be considered irregular if they show any omissions, failure to propedy account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternate bids or irregularities or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the City." Section B-2-14 (Rejection of Proposals) reserves the right to the City to reject any or all proposals, Proposals containing any irregularity may be rejected. Proposals must be rejected only for the following specific reasons: 1. Proposal received after the time limit for receiving proposals stated in the advertisement. 2. Proposal submitted without the required bid security. 3. Proposal submitted and not sealed and/or identifiable to a particular project. This special requirement certification was also required by Section A-30 (Consideration of Contract Requirements). Section A-30 information must be submitted within five working days of bid opening. All contractors submitted that information within the five day requirement. The subcontractor that will be used by Bracco meets the certification requirements and is acceptable. OPTIONS: The time of award is critical to ensure the project is completed before peak summer water demand. The City has the option of: 1. rejecting bids and re-bidding the project; or 2, waiving the irregularity and awarding the project to low bidder. Rejection of bids and re-bidding the project would require a minimum of 30 days. This is deemed un-desirable due to the delay in placing the tank in service. Re-bidding the project would result in the tank being put in service during mid-summer. The City may elect to waive the irregularity and to make the award in the best interest of the City. 44 Exhibit A RECOMMENDATION: Waiver of the irregularity is recommended. It is recommended the Council approve the motion as presented. 45 Exhibit A PADRE ISLAND PUMPING PLANT IMPROVEMENTS PHASE 1 - GROUND WATER STORAGE TANK INSTALLATION Engineering Project No. 8349 Project Budget February 7, 2000 FUNDS AVAILABLE: FY 1999-2000 Water Capital Projects Fund $1,030,000 FUNDS REQUIRED: Tank and Related Improvements: Construction (Bracco Construction) ............................................................ $306,650 Contingencies (10%) ................................................................................ 30,665 Engineering Liaison .......................................................................... 9,000 Construction Inspection ............................................................................ 11,000 Survey .................................................................................................. 2,500 Testing (Fugro South, Inc.) ........................................................................ 4,200 Administrative Costs ................................................................................. 3,000 Printing .................................................................................................. 500 Advertising .............................................................................................. 500 Subtotal ................................................................................................ $368,0'15 Land Acquisition ................................................................................... $60,000 Site Improvements ................................................................................ $60'1,985 TOTAL PROJECT COSTS ......................................................... $1,030,000 46 Exhibit "B" TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, frtgel R.Escobar, P.H., Director of Engineering Services DATE: Wednesday, February 2, 2000 TIME OF COMPLETION: 120 Calendar Days ENGINEER`S ESTIMATEt $265,000 Padre Island Ground Storage Tank Installation Project No. 8349 Bracco Construction P.O.Box 7067 C.C., TX 78467 H&S Consf ructOra Inc. P.O.BOx 9014 C.C., TX 78469 R.S. Black P.O. Box 6385 C.C., TX 78466 W.T.Young Constr. P. O.Box 9197 C.C., TX 78469 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Item Tank, complete in place 1 LS 305,150.00 347,650.00 348,000.00 381,268.00 1 per Project Plane & Specifications it Trench Safety per Project 350 LF 1,500.00 350.00 200.00 2 Plans & Specifications 350.00 TOTAL BASE BID, $306,650.00 $348,000.00 $390,200.00 $301,618.00 CerN Fl ration -- -Not •Included -Not Included Incomplete Included ,Not Icluded •T��am,l�� FIA \ Mproject \ councfiexhibits \ exh834 9.dwg CORPUS CHRISTI BAY INSET Nueces County N Padre Island Ground Storage Tank Rehabilitation 14201 Sand Dollar Ave. LOCATION MAP NOT TO SCALE CITY PROJECT No. 8349 INSET NOT TO SCALE EXHIBIT "D" Padre Island Ground Storage Tank Installation CITY OF CORPUS CHRISt7. TEXAS 48 CITY COUNCIL EXHIBIT ~ DEP~E~ OF ENGINEERING SERVIC~ PAGE: 1 Of 1 DA~: 2/09/2000 ~ AGENDA MEMORANDUM DATE: February 8, 2000 SUBJECT: Odor Control Improvements at Various Lift Stations (Wooldridge Road, Willjams Drive, Everhart Road/Staples Street, Country Club Area), Laguna Madre Wastewater Treatment Plant, Allison Wastewater Treatment Plant (Project No. 7115); and Rehabilitation Improvements at the Allison Wastewater Treatment Plant (Project No. 7162) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering services agreement with Urban Engineering for a total fee not to exceed $161,780 for the Odor Control Improvements at: Wooldridge Road Lift Station; Willjams Drive Lift Station; Everhart Road/Staples Street Lift Station; Country Club Area Lift Station; Laguna Madre Wastewater Treatment Plant; and Allison Wastewater Treatment Plant; and for the Rehabilitation Improvements at the Allison Wastewater Treatment Plant. 18SUE: The City's odor control program for the existing wastewater collection and treatment system needs to be continued to further reduce resident complaints. Improvements are needed at the Allison Wastewater Treatment Plant to maintain permit water quality for total suspended solids in accordance with the Environmental Protection Agency and Texas Natural Resource Conservation Commission. FUNDING: Funds for this project are available in the FY99-00 Sanitary Sewer Capital Projects Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Wastewater Superintendent A I Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Maps BACKGROUND INFORMATION SUBJECT: Odor Control Improvements at Various Lift Stations (Wooldridge Road, Willjams Drive, Everhart Road/Staples Street, Country Club Area), Laguna Madre Wastewater Treatment Plant, Allison Wastewater Treatment Plant (Project No. 7115) Rehabilitation Improvements at the Allison Wastewater Treatment Plant (Project No. 7162) BACKGROUND INFORMATION: The City has implemented an odor control program for the existing wastewater collection and treatment system which consists of: injection of the chemical ferrous sulfate at various points throughout the collection system; construction of chemical air scrubbers at the Oso Wastewater Treatment Plant (WWTP) and Whitecap WWTP; and construction of a biofilter system at the Greenwood WVVTP. Continuation of the odor control program is necessary to further reduce resident complaints. CONTRACT/PROJECT DESCRIPTION: The consulting contract provides for the evaluation of the use of the latest odor control techniques. The consultant will then use the results of the evaluation to design the systems that will provide the greatest odor reduction. The project will result in the implementation of improvements that will reduce odors in the collection system at various Lift Stations (Wooldridge Road, Williams Drive, Everhart Road/Staples Street, Country Club Area) and at the Laguna Madre and Allison VVWTPs. The Allison WWTP operating conditions and wastewater flows require special evaluation prior to designing improvements. Allison WWTP receives wastewater flow from domestic and industrial customers in the northwest part of the City. The incoming waste strength varies widely and is periodically greater than the plant was designed for. The Consultant will determine filter backwash options for handling high sludge loading at the plant. An evaluation of the cost benefit of converting to fine bubble diffusers retrofit will also be conducted. The improvements to the plant are needed to maintain permitted water quality, improve operation efficiency and reduce operating cost. The study will evaluate the existing plant capabilities, any operational problems, and determine methods to reduce power consumption. The consultant will also evaluate the possible impact of any permit revision by the Texas Natural Resource Conservation Commission that would require stricter treatment standards and/or future expansion of plant treatment capacity from the existing five million gallons per day to seven million gallons per day. An archeology investigation will be performed to determine what effect the existing adjacent archeological site will have on any future expansion of the plant. The contract summary is attached (see Exhibit "B"). 51 EXHIBIT "A" I Page I of I CONTRACT SUMMARY ODOR CONTROL IMPROVEMENTS AT LIFT STATIONS, LAGUNA MADRE WASTEWATER TREATMENT PLANT, ALLISON WASTEVVATER TREATMENT PLANT (Project No. 7115) REHABILITATION IMPROVEMENTS AT ALLISON WASTEWATER TREATMENT PLANT (Project No. 7162) 1. SCOPE OF PROJECT STAGE 1 Odor Control Imorovements at Lift Stations, La~3una Madre Wastewater Treatment Plant. Allison Wastewater Treatment Plant - Numerous complaints have been made by residences and businesses located near the Wooldddge, Willlares, Everhart/Staples and Country Club lift stations as well as residences and businesses near the Laguna Madre and Allison Wastewater Treatment Plants. The City has an existing odor control program that uses chemicals to reduce odor emissions. Stage 1 involves a cost benefit study to evaluate the use of odor control techniques at selected sites. Allison Plant Rehabilitation and other Modifications - The Allison Wastewater Treatment Plant receives wastewater fiow fTom domestic and industhal customers, The incoming waste strength vades widely and is periodically greater than the plant was designed for, A higher than acceptable level of plant upsets and permit violations have occurrod, Stage 1 will evaluate the historical infiuent strengths and determine plant modifications to resolve operational issues and increase plant treatment reliability, This phase will evaluate future plant capacity from 5 MGD to 7 MGD. 2. SCOPE OF SERVICES Urban Engineering will perform all engineering services necessary to review and prepare plans, specifications, and bid and contract documents; and provide contract administration services to complete the Project. Work will not begin on Add~onal Services until written authorization is provided by the Director of Engineering Services. 3. PROJECTSCHEDULE Wednesday February 9,2000 Tuesday June 13, 2000 Fdday June 30,2000 Begin Phase 1 Draft Engineering Report(s) Submittal Submit Final Engineering Report(s) Odor Control Improvements ( 7115): Allison WWTP Rehab (71b"2) H:~-IOME\VELMAR\GEN\WASTEWAT~7115\WORDPERF\CONTRACT,SUM EXHIBIT"B" } Page 1 of 3 52 4. FEES Fee for Basic Services. The City will pay the Engineer a fixed fee for providing for all "Basic Se~ces' authorized as perthe table below. The fees for Basic Sentices will not exceed those idenl~fied and will be full and total compensation for all services outlined in Stage I only above, and for all expenses incurred in performing lhese services. For se~ces provided in Stage 1 only, Engineer will submit monthly statements for basic se~ces rendered. The statement will be based upon Engineer's estimate of the proportion of the total se~ces actually completed at the time of billing. The statement will be based upon the percent of completion of the construc'don contract. City will make prompt monthly payments in response to Engineer's monthly statements, Fee for Additional Services. For se~ces auffiorized by the Director of Engineering Services, the City will pay the Engineer a not-to-exceed fee as per the allowance shown in the table below: Summary of Fees. Fee for Basic Sendices STAGE 1 1. Engineering Report(s) STAGE 2 2. Design Phase 3. Bid Phase 4. Construction Phase Sub-Total Basic Services Fees Fee for Additional Services STAGE 1 1. Archeological Survey STAGE 2 1. Permiffing Railroads TxDOT Perm~s/Arnendments WetJands Delineation TemporaP/Discharge NPDES TNRCC Nueces County Texas Historical Commission USFVVS USACE USEPA Total Permitting 1. ROW Acquisition Survey $135,360 TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED $135,380 (Allowance) $26,400 TO BE DETERMINED TO BE DETERMINED Odor Control lrnorovements ( 7115~; Allison WWTP Rehab (7162) H:~HOME\VELMAR\GEN\WASTEWAT~7115\WORDPERF\CONTRACT.SUM EXHIBIT"B" I Page 2 of 3 3, Topographic Survey 4. Environmental Assessment 5. Inspection Sen/ices 6. Start-up Services 7. Warranty Sub-Total Additional Services Fees Authorized Total Authorized Fee for Basic and Additional Services TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED TO BE DETERMINED $26,400 $161,780 Odor Control Improvements ( 7115): Allison WWTP Rehab (71 H:~J--IOME\VELMAR\GEN\WASTEWA'R7115\WORDPERF\CONTRACT.SUM EXHIBIT"B" Page 3 of 3 54 San Pat County NUECES BAY CORPUS N INO SCALE I CHRISTI BAY LEGEND' · = Plant Locatlon · =Llft Statlon Locatlon A) Alllson Wastewater Treatment Plant B) Laguna Madre Wastewater Treatment Plant C) W1111ams Dr. Llft Statlon D) Wooldrldge Rd. Llft Statlon E) Everhart/Staples St. Llft Statlon F) Country Club Llft Statlon PROJECT# 7115 EXHZBZT "C" Odor Control Laguna Alllson Plants and Llft Madre & Statlons 55 DEPARTMENT OF ENGZNEERZNG SERVZCES DATE: 1/27/00 PAGE: I of 1 DRAWN BY: Z.A.R./C.R. CL FENCE 0 ,/ Son Pat County 7 X C~k~ "/ PLANT LOCATION S ~ , \,;;""~--7-, . PROJECT# 7131 CHRISTI BAY EXHIBIT "C" Rehabilitation I~provements at the Allison Wastewater Treatment Plant 56 CITY COUNCIL EXHIBIT DATE; 1127/00 PAGE; 1 of 1 DRAWN BY." I.A.R. IC.R. CITY COUNCIL AGENDA MEMORANDUM Date: January 31, 2000 AGENDA ITEM: A~ Motion autho'nzing the City Manager or his designee to accept a grant in the amount of $348,509 from the U. S. Depm Unent of Justice, Bureau of Justice Assistance, for funding efigible under the FY 2000 Law Enforcement Block Grants program and to execute all related documents. B. Ordinance appropriating $348,509 from the U. S. Department of Justice, Bureau of Justice Assistance, Law Enforcement Block Grant, in the No. 1050 State and Federal Grant Fund to purchase marked vehicles and law enforcement equipment for the Police Department; authorizing the transfer of $38,723 from the No. 6010 Law Enforcement Trust Fund to, and appropriating $38,723 in the No. 1050 State and Federal Grant Fund as the grant match. Issue: The City applied for the funding in August, 1999, was awarded the funds in January, and now must appropriate the funds. Background Information: The Law Enforcement Block Grant program provides funding opportunities to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. Prior to the obligation of any funds received, the City must establish an advisory board to review the application and make nonbinding recommendations; additionally the City must hold at least one public heating to make the public aware of the program and its proposed spending plan. The Advisory Board met on Wednesday, January 26, 2000 and approved the use of funds and the public hearing was held on Monday, January 31, 2000. Funding: The Law Enforcement Trust Fund has provided the matching funds each year, and the cash match of $38,723 is provided in FY 99/00 budget. Recommendation: Staff recommends appropriating the funds. Chief of Police 58 ADDITIONAL BACKGROUND INFORMATION The Law Enforcement Block Grant (LEBG) program has provided a total of $1,815,326 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 23 police package vehicles, 20 unmarked police units, digitized radios, radios for the Communications van, and an upgrade to the computer system. The funds are dispersed by the Department of Justice on the basis of Part One offenses reported to the FBI through the Uniform Crime Report. The City reports a much larger number of Part One offenses as compared to Nueees County, thereby receiving a greater distribution of funds. The federal law provides for states to declare funding disparities ira political subdivision incurs more than 50% of the costs in a county of prosecution and incarceration of Part One crimes. In the state of Texas, the Attorney General has determined that Texas counties are responsible for more than 50% of these costs and has certified this fact to the Bureau of Justice Assistance. With this certification, the City is sharing the total $697,019 award with Nueces County. The County has a sepaxate application and appropriation process from the City and are progress'rag on their own. The City funds will be used to purchase equipment recommended by the consultant study conducted by the International Association of Chiefs of Police. The equipment will also enable our Community Policing initiative to begin. 4 marked patrol vehicles for field Captains - for each Community Policing District 3 mobile data terminals for Criminal Investigation officers - provide for access to criminal history information immediately via computer in the field Recruiting display booth, digital camera, laptop computer, projector - recruiting process needs to be enhanced; recommendation by IACP Digital camera, scanner, audio/video equipment for Criminal Investigation; recommendation by IACP Bar code system for Property Room; recommendation by IACP Digital photograph equipment - Identification; recommendation by IACP Shotgun racks for 125 patrol ears - with MDT/AVL installed in units, racks are needed to secure shotguns in a different location. Radars and trat:fic equipment for patrol cars - enhance traffic capability Video cameras for patrol cars - enhance prosecution of DWI offenders, provides elemem of officer safety Digital photograph equipmere for Family Violence Unit; recommendation by IACP Computers, soflrware, printers, scanners for the Family Violence Unit: recommendation by IACP $155,456 $1g,000 $15,820 $ 3,460 $39,000 $ 9,829 $ 7,781 $25.200 $93,415 $11,074 $ 8,197 ORDINANCE APPROPRIATING $348,509 FROM TIlE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1050 FEDERAL/STATE GRANTS FUND TO PURCHASE MARKED VEHICLES AND LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT; AUTHORIZING THE TRANSFER OF S38,723 FROM TIlE NO. 6010 LAW ENFORCEMENT TRUST FUND AND APPROPRIATING IT IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS THE GRANT MATCH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE C1TY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That $348,509 from the l I.S. Department of Justice. Bureau of Justice Assistance is appropriated in the No. 1050 Federal 'State Grants Fund to purchase marked vehicles and law cnli~rcement equipment for the Police Department. SECTION 2. Authorizing the transfer of' $38,723 from the No. 6010 Law' Entbrcement Trust Fund and appropriating it in the No. 1050 Federal/State Grants Fund as the grant match. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of .2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando ('hapa. City Secretary Samuel L. Neal. Jr.. Mayor LEGAL FORM APPROVED ,~ -,.~IJA,"~j-~ ,2000; JAMES R. BRAY, .JR., CITY ATTORNEY Alison Gallawaj~fFirst Assistant ~ 60 AGENDA MEMORANDUM PUBLIC HEARING-ZONING (City Council Action Date: February 15,2000) Case No. 0100-04, Kin~'s Crossin~ Realty: A change of zoning from an "R-2" Multiple Dwelling District to an "R-1C" One-family Dwelling District on King's Crossing Unit 1, Phase 1, Block 28, Lot I and Block 39, Lot 1, located approximately 400 feet south of Lens Drive and 400 feet west of Cimarron Boulevard. Planning Commission and Staff's Recommendation: Approval of the "R-1C" District. Requested Council Action: Approval of the "R- 1C" District and adoption of the attached ordinance. Purl~oseofReouest: For single-family subdivision. Summary: The applicant has requested a change of zoning to a "R-IC" One-family Dwelling District in order to develop the area with a single-family residential subdivision. Minimum lot sizes permitted in the "R-IC" District (4,500 square feet) are smaller than the remainder of the King's Crossing subdivision, but the configuration of the property would allow the bulk of the proposed lots to front on the golf course. The proposed development would be surrounded by the golf course area and will be accessed by a private road. The proposed "R-1C'~ Distyict would reduce the maximum number of residential units currently allowed by 66 units. The Southside Area Development Plan's adopted future land use map recommends the area to develop with medium-density residential uses. Since the requested "R-IC" District permits less density than recommended, the "R-IC" District is consistent with the Plan's recommended land use. ADOlicant's Position: The applicant concurs with Staff and Planning Commission's recommendation. Notification: Prior to the date of this memorandum, two (2) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. u Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 2-8 2) Comments Received Page 9 3) Planning Commission Minutes Page 10 4) Ordinance Pages 11-12 H:~pLN-DIR~ERMA\WORD~AGENDMEM~010004AG. DOC 62 CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearin~ Date: Map No.: Apnlicant: Le~,al Descrintion/Location: 0100-04 January 5, 2000 110-7 King's Crossing Realty King's Crossing Unit 1, Phase 1, Block 28, Lot 1, and Block 39, Lot 1, located approximately 400 feet south of Lens Drive and 400 feet west of Cimarron Boulevard. 13.574 acres Same as above. "R-2" Multiple Dwelling District "R-1C" One-family Dwelling District Undeveloped land. For single-family subdivision. Not applicable. Area of Reauest: Lot(s) Area: Current Zoning: Request: Current Use of Prooertv: Puroose of Re{~uest: Zoning Change Requested Due to Notice of Violation: Adjacent Zoning: North, West - "R-IB" One-family Dwelling District South, East - "R-2" Multiple Dwelling District Adiacent Land Use: North, West - Golf course. South, East - Undeveloped land. Number of Residential Units Allowed: "R-1C" - 131 units (9.68 dwelling units per acre) "R-2" - 197 units (14.52 dwelling units per acre) 63 ~ Zoning Report Case No. 0100-04 (King's Crossing Realty) Page 2 Estimated Traffic Generation: Single-family development - 10 average weekday vehicle trips per dwelling unit x 131 dwelling units = 1,310 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Oso Parkway - collector Ril~ht-of-Wav Design Current: a) Undeveloped. Planned: a) 80-foot fight-of-way with a 66-foot back-to-back paved section. 1996 Traffic Count (24-hour, weekday. non-directionai): a) None available. Zonin~ History of Propert'v: There has been no rezoning activity in the area within the past five (5) years. Recent Surroundin~ Zonin~ Cases: In September 1995, the area east of Cimarron Boulevard and east of the subject property was annexed into the City and zoned an "F-R", "B-4" and "R-1C" Districts. Zoning Inventory: The subject property is part of a 76.0g-acre tract of undeveloped land zoned a "R-2" District. East across Cimarron Boulevard fxom the "R-2" DisWict is a 16.11-acre net of undeveloped land zoned a "B-4" District. Southwest of the subject property is a 98.33-acre tract of undeveloped land zoned an "F-R" District. To the north of the subject property, there are 480.28 acres of land zoned a "R-1B" District developed with a country club, a golf course, single-family residential development and vacant tracts of land. Piannin~ Staff Analysis: · General Characteristics and Background: The applicant has requested a change of zoning to a "R-1C" One-family Dwelling District in order to develop the area with a single-family residential subdivision. Minimum lot sizes permitted in the "R-1C" District (4,500 square feet) are smaller than the remainder of the King' s Crossing subdivision, but the configuration 64 Zoning Report Case No. 0100-04 (King's Crossing Realty) Page 4 b) The requested "R-1 C" District is consistent with the adopted Southside Area Development Plan's recommended land use. Cons: (Ideas in support of maintaining the current zoning.) a) None. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List Southside Area Location Map H:~pLN-DIR~ERMA\WORD~ZONRPTS\010004RE.DOC Zoning Repon Cas~ No. 0100-04 (King's Crossing Realty) Page 3 of the property would allow the bulk of the proposed lots to from on the golf course. The proposed development would be surrounded by the golf course area and will be accessed by a private road. The proposed "R-1C' District would reduce the maximum number of residential units currently allowed by 66 units. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "R-1C" District. The Southside Area Development Plan's adopted future land use map recommends the area to develop with medium-density residential development. Potential Housin~ Density: The "R-2" District permits a residential density of 14.52 dwelling units per acre or 197 units on the subject property. In a "R-1C" District, residential development is limited to a density of 9.68 units per acre or 131 units on the subject property. Approval of the "R-1C" District would reduce the potential number of residential units in the area, Height/Bulk/Setbacks/Etc.: Both the "R-2" and "R-1C" Dislricts require a front yard setback of twenty (20) feet. Signage: Both the "R-2" and "R-1C' Districts permit only one wall sign with an area not to exceed one square foot. Freestanding signs are not permitted. Traffxc: The requested "R-1C" District reduces the density of residential development and would in turn reduce the amount of potential Waffle generated by the development. Traffic generated by this development would have direct access to Oso Parkway, a collector. Parking/Screening: Single-family residential development is required to provide two (2) off- street parking spaces for each dwelling unit. Compliance with the off-street parking regulations will be required during the permitting phase of the development. A standard screening fence is required when a business or industrial use locates adjacent to a residential district. Since the requested zoning and the proposed use are for residential development, a screening fence is not required. Costs to City: Extension of Oso Parkway, local streets, water, wastewater and storm drains will be required from the developer. There are no City costs anticipated at this time. Platting: The subject property contain~ two (2) platted lots. A replat of the subject property will be submitted in order to subdivide the area for single-family lots. Pros: (Ideas in support of the request.) The proposed single-family development is consistent with the residential development in the King' s Crossing area. 66 ~IN3 R--1 b R--1 B / / / / R--1 B// I \ R--2 \ I / / / / R--1 C A--2~ F--R - Property Owner in Favor Property Owner Opposed See Comments on Page(s) <]' 600 CASE ZOlO0-04 67 Subject property Ow~er within ZOO feet listed on attached mrship list ~~.~ ~.e/~,~ 7 _ 68 CROSSTOWN EXTENTION GRFFNWOOD DR 69 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0100-04 King's Crossing Realty Favor - Opposed (Note: The listed numbers correspond to the attached map.) II. Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. O~Dosition: None. H:XPLN-DIRXERMA\WORD\COMMDATA\010004CO.DOC 7O Planning Commission Minutes Januax~ 5, 2000 King's Crossing Realty: 0100-04 REQUEST: "R-2" Multiple Dwelling District to "R-IC" One-family Dwelling Diswict on King's Crossing Unit 1, Phase 1, Block 28, Lot 1 and Block 39, Lot I and located approximately 400 feet south of Lens Drive and 400 feet west of Cimarron Boulevard Mr. Payne presented a slide illustration of the subject property and the surrounding areas. The areas to the north and west are zoned "R-1B" One-family Dwelling District and developed with a golf course: the areas to the south and east are zoned "R-2" Multiple Dwelling District and remains undeveloped. Mr. Payne stated that the applicant requested a change of zoning to develop the area as single-family residential. Minimum lot sized permitted in the "R-I C" Dislxict (4,500) square feet) are smaller than the remainder of the King's Crossing subdivision, but the configuration of the property would allow the bulk of the proposed lots to front on the golf come. The proposed development would be surrounded by the golf course area and will be accessed by a private road. The proposed "R-1C" DisWict would reduce the maximum number of residential units allowed on the subject property by 66 units. Mr. Payne read the Pros and Cons contained in the Zoning Report (Copy on File) and stated that Staff recommends approval. Chairman Guzm~n opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Underbrink, seconded by Kelly, to approve Staff's recommendation. Motion passed unanimously with Noyola being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KING'S CROSSING REALTY, BY CHANGING THE ZONING MAP. IN REFERENCE TO LOT 1, BLOCK 28, AND LOT 1, BLOCK 39, KING'S CROSSING UNIT 1, PHASE 1, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "R-IC' ONE-FAMII,y DWI~,LI,ING DISTRICT; AMII:N'DING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WIlEPEAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of King' s Crossing Realty, for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 5, 2000, during a meeting of the Planning Commission, and on Tuesday, February 15, 2000, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lot 1, Block 28, and Lot I Block 39, King's Crossing Unit 1, Phase 1, located approximately 400 feet south of Lens Drive and 400 feet west of Cimarron Boulevard, from "R-2" Multiple Dwelling District to "R-1C" One-family Dwelling District. SECTION 2. That the official Zoning Map of the City of Corpns Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 271h day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this dam, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform m the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:~LEG-D1R\VERONICA~DDCURTIS~ViYDOCS~000\PIZORDOO~DOYLEC~Z010004A. DOC 72 // 2 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Cbxisti. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due m the need for immediam action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15t~ day of February, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretmy APPROVED February 4, 2000: Doy~urtis, Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR\VERONICA'd)DCURTISMMYDOCSX2000\P&ZORD00~xlOYLEC~Z010004A.DOC City of Corpus Christi Memo To: Mayor Neal and Council Members From: George K. Noe Date: February 11, 2000 Re: Bond Issue 2000 Presentation for Council Meeting of February 15, 2000 At the Bond Issue presentation of November 30, 1999, staff presented Council with two potential Bond Issue packages. At that meeting Council direct staff to proceed with Alternate Two based on a property tax bond issue package that totaled $52.8 million and is summarized as follows: Category Amount · Streets $30.6 million · Parks and Recreation 10.9 million · Public Health &Safety 9.6 million · Public Facilities 1.7 million Total: $52.8 million On the Council meeting of February 15, staff will present the package in further detail. It is anticipated that Council will begin the next step in the process to narrow and define the projects to be included on a future bond election. If you have any interest in considering a project not included on this list please contact either myself, Joe B. Montez or Angel Escobar prior to the meeting date so we can have the information and cost available for you. CC: Attactunents: (3) David Garcia Joe Montez S~nce~ely, ge K. Noe City Manager 74 9" 57 .µ.,F, , G. Pa e 1 of 4 City of Corpus Christ[ Bond Issue 2000 Bond Project Package #2 Februa 10,2000 11 Bond Sale Timetable Project # Project Category Project Description ro ec Capital Cost ro ec Cost Jan. 1, 2002 Jan. 1, 2003 I Jan. 1, 2004 Jan. 1, 2005 Jan 1, 2006 1 Health & Fire Station $ 1,400,000 $ 874,451 1,400,000 Safety 2 Animal & Vector Control Facility 2,800,000 352,700 2,800,000 3 Police Substations (4) 2,600,000 877,824 2,600,000 4 Fire Station ADAICo-ed Improvements 800,000 800,000 5 1 Public Safety Training Facility - Phase 1 - Fire Tower & Range) 1,700,000 46,168 1,700,000 6 Health Department Re -roof 300,000 300,000 7V Park & Renovate Senior & Recreation Centers 1,024,000 78,000 500,000 524,000 Recreation Ethel Eyerly community & Senior Center 83,566 Oak Park Recreation Center 92,474 Oso Recreation 135,414 Joe Garza Recreation Center 178,505 Lindale Recreation Center 143,536 T.C. Ayers Recreation Center 46,721 Oen Garza Gymnasium 42,728 Bnarwood Senior Center 13,416 Broadmoor Senior Center 47,946 Greenwood Senior Center 171,124 Lindale Senior Center 68,570 Total Renovate Senior & Recreation Centers: 1,024,000 8 Youth Sports Facilities 5,000,000 169,500 5,000,000 H.P. Garcia Park 500,000 Pdce Park 1,500,000 South Guth Park 1,000,000 Waldron Park 1,000,000 Bill Witt Park 1,000,000 5,000,000 9HEB Public Tennis Center Pavilion 250,000 63,500 250,000 Bond Project Package Page 2 of 4 Project N Project Category Project Descri tion ro ec ap Cost ro ect Cost Jan. 1, 2002 Jan. 1, 2003 Jan, 1, 2004 Jan. 1, 2005 Jan 1, 2006 10 RenovatlonlDevelo ment of Exlatln Parks 4,650,000 375,750 500,000 500,000 3,650,000 C.C. Beach North End 190,500 Cole Park 190,500 West Guth Park 379,350 H.P. Garcia Park 379,350 Ben Garza Park 188,850 Bill Witt Park 190,500 Gypsy Park 379,350 Commodore Park 379,350 Sam Houston Park 190,500 Sacky Park 379,350 Lindale Park 188,850 Oso Park 188,850 Waldron Park 379,350 Parker Park 188,850 Pnce Park 188,850 Cannar o Park 188,850 V South Bluff Park 190,500 Nueces River Park 190,500 Co us Christi Beach 97,800 Total RenovatlonlDevelo ment of Existing Parks: 4,650,000 11 Public NW Library Branch Addition 1,500,000 10,000 1,500,000 Facilities 12 Museum Fire Suppression System 170,000 170,000 13 Pneumatic HVAC Control System - Museum 100,000 - 100,000 14 Streets Sidewalk Accessibility Improvements for the Disabled 2,000,000 400,000 499,000 501,000 400,000 1 200,000 Trafgc Signals 4,865,000 15 20 new s' nalized intersections 2,000,000 400,000 500,000 400,000 400,000 300,000 16 20 upgraded sl nalized intersections 2,000,000 400,000 500,000 400,000 400,000 300,000 17 System synchronization improvements 865,000 130,000 735,000 Total Traffic Signals: 4,865,000 Bond Project Package Page 3 of 4 Bond Sale Timetable Project # —PIro ec Category Project Description ro ec ap a Project Cost Cost Jan. 1, 2002 Jan. 1, 2003 Jan. 1, 2004 Jan. 1, 2005 Jan 1, 2006 Streets City Participation In TxDot Projects 2,976,000 18 F.M. 6241 U.S.77 to F.M. 1889 360,000 360,000 19 Crosstown Expressway Interchange Project Lights 500,000 500,000 20 McKinzie Road, Phase 2 - Haven to South City Limits 1 1,065,000 1,065,000 21 Future TxDot Participation 1 1,051,000 100,000 500,000 451,000 Total Clly Participation in TxDot Projects: 1 2,976,000 Reconstruction In Older Nel hborhoodslRolled Curbs& Gutters 4,800,000 22 Lyons 472,350 472,000 23 Birmingham 285,850 286,000 24 Annaville Rd./Catca /Azore 820,800 821,000 25 Jamaica/Bro0kdale 965,000 965,000 26Woodlawn/Laguna Shores/Whiting 1,256,000 1,256,000 27 Pavement Repairs for Rolled Curbs and Gutters 1,000,000 1 1,000,000 Total Reconstruction In Older Neighborhoods: 4,800,000 Overlays 5,024,000 1,243,000 1,024,000 1,543,000 1,214,000 28 Up River Road - IH 37 to Leopard 1 185,888 29 Greenwood - Home to Harvard 1 94,125 30 Alameda - Parade to Ocean 530,688 31 S. Sta les - Leo and to Kinney 185,888 32 Ayers - Norton to Cui er 323,788 33 Ayers - SPID to Port 327,250 34 Gollihar - Crosstown to Weber 997,087 36 S. Sta les - Gollihar to Williams 674,600 37 Waldron -Purdue to Glenoak 193,363 38 Mor an - Port to Crosstown 181,625 39 S. Sta les - Wooldridge to Saratoga 225,775 40 Yorktown - Oso Creek Bridge to Waldron 397,338 41 Doddnd e - Ocean Drive to Alameda 181,675 43 Gollihar - S. Sta les - Airline 327,675 44 N. Port - West Broadway to Martin L. King 197,235 Total street Overlay Projects: 5,024,000 R Bond Pro ect Package Page 4 of Bond Sale Timetable Project # roe Category Project Description ro ec ap a ro ec Cost Cost Jan. 1, 2002 Jan. 1, 2003 Jan. 1, 2004 Jan. 1, 2005 Jan 1, 2006 Streets Street Improvements 10,935,000 45 46 47 48 49 50 City share of street construction in new subdivisions Street Li hlin Guardrails/ Pedestrian Bridges/School Zone Intersection Approach Improvements McArdle Road Phase 3 - Everhart to Holmes Yorktown Boulevard - Lake Travis Drive to Rodd Field 1,545,000 3,000,000 1,480,000 902,852 2,242,586 1,764,562 500,000 500,000 430,000 i 200,000 500,000 500,000 400,000 500,000 550,000 500,000 1,764,000 650,000 2,243,000 445,000 850,000 403,000 Total Street Im rovements: 10,935,000 Total for Package # 2: S 52,894,000 S 2,847,893 ,000,000 6,000,000 12,171,000 12,725,000 15,998,000 R L01 San Pat County �i 9\ 1 4 3*1 btiti 18 - 2420 ...... a 'gS a 3 F(CW LEGEND) = CITY WIDE SINGLE MEMBER DISTRICT BOUNDARY ••••••CITY LIMITS ( NS) = NOT SHOWN HEALTH AND SAFETY: 1) Fire Station - Yorktown Blvd. Fire Station Padre Island Fire Station 2) Animal and Vector Control Facility 3) Police Substations (4) 4) Fre Station ADA / Co-ed Improvements 5) Public Safety Training Facility -Phase 1 (Fire Tower 8: Range) 13) Health Department Re -roof PARK / RECREATION 6) Renovate Senior and Recreation Centers 7) Youth Sports Facility 8) H.E.B. Public Tennis Center Pavillion 9) Renovation / Development of Exist Parks PUBLIC FACILITIES 10) Northwest Library Branch Addition 11) Museum Fire Supression System 12) Pneumatic HVAC Control System - Museum County CITY Umrrs (CW) NS 3 (CW) (CW) (CW) 11 NUECES BAY CORPUS CHRISTI INTERNAnON k AIRPORT STREETS: 113 C11Y UMITS ADA SIDEWALKS: 14) Sidewalk Accessibility Improv. for the Disabled (CW) TRAFFIC SIGNALS: 15) 20 new signalized intersections (CW) 16) 20 Upgraded signalized intersections (CW ) 17) System synchronization improvements ( CW ) CITY PARTICIPATION IN TxDOT PROJECTS: 18) F.M. 624 / U.S. 77 to F.M. 1889 19) Crosstown Expressway Interchange Project Lights ( From S.P.I.D. to Oso Creek) 20) McKinzle Road, Phase 2 - Haven to South City Limits 21) Future TxDOT Participation (CW) RECONSTRUCTION IN OLDER NEIGHBORHOODS / ROLLED CURBS & GUTTERS: 22) Lyons 23) Birmingham 24) Annaville Road / Catcay / Azore 25) Jamaica / Brookdale 26) Woodlawn / Laguna Shores / Whiting 27) Rolled Curbs and Gutters •9 E OVERLAYS: CORPUS CHRISTI BAY 05 4�y0o r'1 22 91H I ft�Nt mi UMITS 1 NEW PADRE ISL FlRE STAIN P3 Lei V_ 36 25 z 4 26 75 90 ew a 0 a soon o soon i0000 15000 Graphic Scale Up River Road - I.H. 37 to Leopard Greenwood - Horne to Harvard Alameda - Parade to Ocean S. Staples - Leopard to Kinney Ayers - Norton to Cuiper Gollihar - Ayers to Weber S. Staples - Goilihar to Williams Ayers - S.P.I.D. to Port Waldron - Purdue to Glenoak Morgan - Port to Crosstown S. Staples - Wooldridge to Saratoga Yorktown - Oso Creek Bridge to Waldron Doddridge - Ocean Drive to Alameda Gollihar - S. Staples to Aldine Gollihar - Ayers to Crosstown N. Port - West Broadway to Martin L. King STREET IMPROVEMENTS: 44) City share of street constr. in new subdivisions ( CW ) 45) Street Lighting ( CW ) 46) Guardrails / Pedestrian Bridges / School Zone ( CW ) 47) Intersection Approach Improvements ( CW ) 48) McArdle Road Phase 3 - Everhart to Holmes (CW) 49) Yorktown Boulevard - Lake Travis Drive to Rodd Field BOND ELECTION 2000 ALTERNATIVE PACKAGE # 2 NOV. 2000 CITY of CORPUS CHRISTI TEXAS Department of Engineering Services 30St, 1999 (,, '",.;:o Submit request for election to Justice Department i'_ Calendar ,,. Events> Bond Issue 2000 I c, C unc" !rectss'aff'°beg'npr°cess f I~OiVlB sends~out requests for inforraation to departments I City Manager makes 1st presentation to Council IDepartments submit recommendations to OMB1 LOMB ~nalizes recommendations and submits them to City Manager~ ,tyManagermake..2ndprese..a,,onteCounc. OMB & steedng committee refines projects, funding alternatives and develops two potential packages · ~rty Manager presents two staff recommended packages to Council I · ~c,ty Ma.ager makes .th presentat,on to cou.c,1 ' E Council selects G.O. Bond Issue Projects } Council begins public education process with the assistance of City Staff Center igh School Mar{A~%) ~ Maroh (__March < April City Hall C ::'rs . April | | Council ~nalizes Arena Sales Tax proposal I Council ~nalizes GO. Bond Issue proposal Approve Ordinance calling the date for the election Nov. 7, 2000 L_Citizen Campaign Committee begins promoting election I Final Steps Joint Agreement with Nueces County to hold election Compose the ballot language Period to publish notice in newspaper October 8 - 28 <, -'.'"."? F 1 Sales tax .' G.O. Bond supported : ,, suppoded projects .' '\ projects ELECTION DAYI / ~ NOVEMBER 7, 2000 J 2. 3. 4. 5, 6. 7. 8. 9. Council Priorities Fiscal Impact Health & Safety Effects Community Economic Effects Environmental Effects Disruption & Inconvenience Feasibility Implications of Deferring Intergovernmental Effects / May 2000 Generating public support by: 1, Public Awareness Campaign 2, Fundraising 3, Townhall style meetings 4, Other Eady voting in person runs October 21st - November 3rd Memo To: From: Date: Subject: David R. Garcia, City Manager W. Thomas Utter, Assistant City Manager February 11, 2000 Industrial Districts - City Council Presentation Attached is a briefing package on the Industrial District contracts for City Council presentation on February 15, 2000. W. Thomas Utter Assistant City Manager 8O CITY OF CORPUS CHRISTI CITY COUNCIL BRIEFING INDUSTRIAL DISTRICT CONTRACTS February 15, 2000 81 INDUSTRIAL DISTRICT SUMMARY Industrial Districts were first allowed by the State of Texas under the 1963 Municipal Annexation Act and are in essence an agreement between a municipality and industrial firms lying outside the City limits but within the City's extraterritorial jurisdiction (ETJ) which (1) contractually protects the industrial venture from annexation by the City and subsequent City regulations, and (2) allows the City and industry to negotiate a payment to the municipality in lieu of taxes and other conditions of the contract. The purpose of the legjslation was to give municipalities a means of expanding their effective tax base while at the same time providing incentives to businesses consisting of lower taxes and protection from various City regulations. Over the years, Industrial District Agreements in Texas have had limited utilization to areas along the Texas Gulf Coast including Beaumont, Houston, Port Arthur, Orange, and Corpus Christi, among others. The length of the agreements have been statutorily limited to a period not to exceed seven years until 1993 when the State allowed 15 years; however, unlike tax abatement agreements which cannot be renewed, industrial district agreements can be renewed as long as it is mutually agreeable between municipalities and industry. The City of Corpus Christi first became involved in industrial districts in 1981-82 when the City Council and certain industries, principally along the Port, negotiated a master Industrial District Agreement. At that time, there was considerable interest by some local groups in moving forward with annexation of the industrial areas that, while contiguous to the City, had never paid any taxes to the City. During the ensuing discussions, it was agreed that the affected industries, while being extremely valuable to the City in providing a major economic impetus, would be protected through industrial district agreements which were viewed as appropriate. The phase-in provision (5% per year) for new improvements was specifically designed to encourage expansion while the maximum cap (50%) on existing improvements was designed to provide a competitive advantage for the local industries. The original 1981-82 contracts contained the following major elements which have remained generally constant with each renewal: 1. Industry was protected from annexation for 7 years. No zoning, building inspection, or platting requirements were enforced against the industry (although a plan for water, sewer, and drainage was required). The industry was required to make payments in lieu of taxes to the City of Corpus Christi at the regular City tax rate applied 100 percent to the assessed value of the land and up to 50 percent of the value of the improvements which begins at 5 percent of the first year the improvements are on the assessment roll and increases at 5 percent per year up to a maximum of 50 percent in ten years). 82 4. The industry must be a member of the Terminal Refinery Fire Company or make an additional payment to the City for fire protection. The industry pays for City utilities at outside City limits rates (this is almost exclusively water and sewer with water charges predominantly). Water and sewer services are provided by the City to the Industrial Districts at standard outside City rates (OCL). This has resulted in substantially higher rates than if the companies were in the City. The OCL utility rates are common to other industrial districts in other cities where water and sewer services are provided. In 1984-85, the industries approached the City with a request for renewal of their contract to extend the contract for a full seven years. After much discussion, contracts were again renewed making the new termination date of the contract 1992. Four years later in 1988-89, the industries again approached the City seeking a seven-year renewal of their contract. During that negotiated process, City staff held the position that there should be a move toward an increase in both the cap and the phase-in provisions. After considerable discussions, City staff recommended to the Council the contracts be extended for seven years (through 1995) with the same terms as previously adopted. In 1994, City staff and the Industrial District representatives engaged in negotiations to once again renew the industrial district agreements. In November 1994, the City Council approved a renewal of the industrial distdct agreements with a number of changes from the previous agreements. The current agreements were changed from the previous industrial district agreements, as follows: Term: While State law now allows a 15-year contract, the term of the existing contract is 10 years (formerly 7 years). Cap: While the 100% of land value was maintained, the cap on improvements was increased from 50% to 60%. 3. Phase~In: The phase-in was increased to the following: 6% - Year 1 and 2 7% - Year 3 and 4 8% - Per year following, up to 6% Buy Local: the current contact contains the provision which requires the industries to use its best efforts to procure services, equipment, etc. from businesses located within the SMSA as long as they are available and economically feasible. 83 Contamination Clean-up and Buffer Zones: In order to participate in a contract, an industry that is in an area of contamination monitored by TNRCC must agree to remediate their contamination in accordance with all applicable laws and the industry must agree to participate in a equitable program of land acquisition agreed to by owners of industries on a majority of the assessed value of property within the industrial district if such buffer acquisition program is proposed. Emission Control Equipment: The contract stipulates that the calculations of payments in lieu shall be made without reference to the exemption for pollution control property in Sec. 11.31 of the Texas Property Tax Code and Art. VIII, Sec. 1-1, Texas Constitution. With the execution of the new contracts in late 1994 and early 1995, there was a substantial increase in the amounts paid in lieu of taxes. Since 1995, the amounts paid have slowly decreased. This is due in large part to the substantial reduction in value placed on the refineries through the Nueces County Appraisal District. The reduction is said to be caused by the weakness in the petroleum refining industries due to the very small margins of profit. This same weakness has also forced the delay or cancellation of additional large construction projects by the refineries. I have attached a list of the industrial districts and their billing information for this year. Approximately $5.108 million has been collected and this represents a 99.76% collection rate. (There are only six very small companies who have not made their payments.) Additionally, I have attached several charts showing historic revenues, market values, and tax rates. A copy of a blank industrial district agreement is also attached. 84 C1TY OF CORPUS CHRISTI INDUSll~IAL DISlWJCT BILUNG INFORMATION 1999/2000 AGREEMENT # COMPANY NAME PA/D $ PND % Collected 74 KOCHRERNINGCO.(EAST) $ 25,075.500 $ 4623.109 9 KOCH REFINING OC. e/vEST) $ 21,132.208 $ 4,390.428 9B KOCH SULFUR PRODUCTS $ 614,C(X) $ 116.660 5 (OXY PETRO) EQUISTAR $ 1 127.630 $ 383.3~4 23 VALERO REFINING CO $ 19463,487 $ 2335.630 TOTAL $ 67,412,825 $ t 1,849,221 (included in totals above) H:%BUS-D[R~SHARED%iNDUSTRI\99OOBILL~JNDUS99.xts CITY OF C.C. INDUSTRIAL DISTRICT COMPARATIVE MARKET AND TAXABLE VALUES $2,000,000,000 $1,500,000,000 $1,000,000,000 $500,000,000 MARKET VALUES TAXABLE VALUES $0 1993 1994 1995 1996 1997 CITY OF C.C. INDUSTItJAL DISTRICT T~euXE$ BIIi rn DURING 19S3 THROUGH lS98 1998 1999 $7,000 $6,500 556,000 ~= $5,500 ~ $5,000 · ~.$4,500 $4,000 $3,500 __ $3,000 1993 1994 1995 1996 1997 1998 199~' · TAXES BILLED Industrial Dis~'ict Comparative Summary value Subject Tax Tax Year Total Valuation to Tax Collected 1983 1,206,954,418 327.014,879 1,818,579 1984 1,753,875,729 452,702,283 2,440,002 1985 1,414,672,649 457,883,769 2,524,515 1986 %476,578,538 488,646,363 2.696,005 1987 1,195,456,946 479,859,000 2,599,847 1988 1,211,043.241 505,620,347 2,844,265 1989 1,251.913,952 541,889,678 3,240,822 1990 1,332,113,079 649,364,549 3,507.897 1991 1,469,846,240 636,308,322 3,742,968 1992 1,539,350,333 664,077,664 4,021,483 1993 1.666.261.604 660,563.376 4,117.650 1994 1,752,674,530 664,675,345 4,101,599 1995 1,916,348.446 847,269,430 5.035,920 1996 1.822,05'7,682 841,367,769 6,079,623 1997 1,745,610,339 830,032,717 5,223.486 1998 1.661,926,988 821,526,669 5,161,062 1999 1,594.168,448 808,189.563 5,120,527 88 INDUSTRIAL DISTRICT AGREEMENT NO. THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Agreement made and entered inio by and between the CITY OF CORPUS CHRISTI. TEXAS, a municipal corporation of Nueces Counfy, Texas, hereinafter called "CITY", and , Landowner, and , corporation, Landowner and Improvements Owner, hereinafter collectively called "COMPANY". WITNESSETH: WHEREAS, it is the established policy of the city council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law which will tend to enhance the economic stability and growth of the City and its environs and which will attract the location of new and expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner or lessee of land or owner of improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, which land shall upon execution of this agreement by the City be known as "Corpus Christi Industrial District No. ," and which land is more particularly described in Exhibit "A" attached hereto, and incorporated herein for all purposes, herein called "said land" and upon which Company has either constructed (and/or contemplates) the construction or expansion of improvements; and WHEREAS, pursuant to said policy and the provisions of Section 42.044, Texas Local Governrnent Code, City has enacted Ordinance No. 15898, as mended, including without limitation by Ordinance No. 022092, incorporated for all purposes, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating areas located in its extraterritorial jurisdiction as industrial districts, herein collectively called 'Districts' and Ordinance No. 15949 designating land areas as Corpus Christi induslrial Development Area No. I and Corpus Christi Industrial Development Area No. 2 if such industries no later than December 15, 1995, (or later for subsequently acquired land as provided in the ordinance) submit substantially complete executed contracts to the City Manager; and WHEREAS, City desires to encourage the updating, expansion and growth of industries within said Districts and for such purpose desires to enter into this Agreement with Company. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and pursuant to the authority granted under Section 42.044. Texas Local Government Code, and the Ordinances of City referred to above, City and Company hereby agree as follows: C:~VIY DOCUMENTS~IDAGRS0.WPD 9O 2 City covenants and agrees that during the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as an industrial district and shall continue to retain such status until and unless the same is changed pursuant to the terms of this Agreement. Except as herein provided City further covenants and agrees that said land shall be immune from annexation. During the term hereof City shall have no obligation to extend to said land any City services except fire protection in the event Company makes additional payments to City under Article III(d) hereof, and such other City services as are being provided to and paid for by Company on the date hereof. Further, City and Company agree that during the term hereof, City shall not require with respect to said land compliance with its roles or regulations (a) goveming zoning and platting of said land or any additions thereto outside the City limits and in an industrial district; provided, however, Company further agrees that it will in no way divide said land or additions thereto without complying with State taw and City ordinances governing subdivision of land, including the provisions of Article XI of this Agreement; (b) prescribing any building, electrical, plumbing or inspection code or codes; or (c) prescribing any roles governing the method of operations of Company's business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through City owned facilities. Company covenants and agrees that during the term hereof, Company will not use, nor permit the use of, the land and improvements covered by this Agreement for purposes not included within the term "industry" as defined in Section 2 of Ordinance No. 15898, as amended. Holding said land and improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. II. The term of this Agreement shall be ten (10) years beginning on the first day of January 1995, and continuing until December 31, 2004, unless extended for additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of such annexation shall be no earlier than midnight of December 31 of such final year of the term. C:MMY DOCUMENTSXIDAGRS0.WPD 3 III. Each year during the term hereof, Company shall pay to City: (a) An mount in lieu of taxes on said land (excluding improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the market value of said land which would otherwise be payable to City by Company if said land were situated within the city limits of City. With respect to any new land acquired by Company after January 1, 1981, located in the extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the parent tract, such new land shall be included in Company's land known as said land, and shall be considered in calculating the in lieu of tax payment on said land as of January 1 of the first year following the date which such new land is acquired by Company. In addition, Company shall provide City a revised Exhibit "A" which includes a complete description of such new land. (b) An mount in lieu of t~kxes on improvements (excluding personal property) located on said land equal to sixty percent (60%) of the amount of ad vaiorem taxes which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. "Improvements" shall be as defined in Section 1.04(3) of the Texas Tax Code, and shall also include petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by the Company. On or before March 31 of each year during the term of this Agreement, Company shall provide to City's Collection Section a ~witten statement of its opinion of the market value swom to by an official of Company authorized to do the same. (c) With respect to any new improvements or facilities. which are hereby defined as those being completed after January 1, 1974, Company shall pay to City six pement (6%) each for the first and second years of use, seven percent (7%) each for the third and fourth years of use, and eight pement (8%) for each year of use thereafter rather than the pementages of the amount of ad valomm taxes as calculated in paragraph (b) above, i.e., 12% the second year in use, 19% the third year in use, 26% the fourth year in use, 34% the fifth year in use, etc. Payments under this provision shall never exceed sixty percent (60%). The first year of use for purposes of this new improvements payment shall be deemed to commence on the first day of Janmary next following the date which the new improvements are placed in use. This provision shall apply to construction of new improvements or facilities and to the expansion of existing improvements or facilities on said land. New improvements or facilities not included within this paragraph (c) shall be deemed to be included within the provisions of paragraph (b) above. (d) An additional amount for City fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of assessed value of improvements located in said land notwithstanding the provisions of paragraph (b) above; provided, however, that if and as long as C:\MY DOCUMENTS\IDAGRS0 WPD 92 Company is a member in good standing of the Refinery Terminal Fire Company, or its successor, it shall not be obligated to pay the additional amount provided by this paragraph (d). (e) At the request of Company, an alternative to the method of calculation set forth in paragraphs (a) through (d) above, the Company may make a payment which is determined by considering, using the method of calculation set forth in paragraphs (a) through (d) above, said land and all other lands contiguous to said land, or forming an integral part of Company's primary operation located on said land, owned by Company inside the city limits as if all the value of Company's lands above described and improvements thereon were outside the city limits, and deducting from the amount which would othersvise be due from such calculation the property taxes actually due to City resulting from the assessed values of land and improvements, excluding personal property, located inside the City. If Company selects such alternative procedure, the amount due to City under this section shall be the resulting difference. In addition, Company shall provide City, by attaching hereto as Exhibit "B", a complete description of the lands contiguous to said land, or forming an integral part of Company's primary operation located on said land, owned by Company inside the city limits. With respect to any new land acquired by Company after January 1, I981, located inside the city limits, which is contiguous to said land, or forms an integral part of Company's primary operation located on said land, such new land may be considered in the alternative method of calculating the in lieu of tax payment as stated above, as of January 1 of the first year following the date which such new land is acquired by Company. Company shall provide City a new or revised Exhibit "B" which includes a complete description of such new land. Provided, however, this provision can only be used by a Company that was utilizing this provision on December 31, 1994, only with respect to Land reflected in Exhibit "B" to that Company's Industrial District Agreement with City as of said date, and only for so long as the alternate in this paragraph is continuously used. IV Company agrees to pay to City on or before January 31 of the year following each year dm-ing the term hereof all payments in lieu of ~xes provided for hereunder without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement and the method of determining and fixing the amount of in lieu of taxes payments hereunder shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. (b) In determining all amounts in lieu of taxes to be paid by the Company under this Agreement, the caiculation shall be made without reference to the exemption for pollution control property. in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended. In addition, all such amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. C:XMY DOCUMENTSXIDAGRg0.WPD 93 V In the event Company elects to protest the valuation set on any of its properties by City for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude such protest and Company shall have the fight to take all legal steps desired by it to reduce the same as ffsuch property were located within the City, except with regard to the exemptions in Part IV(b). Notwithstanding any such protest by Company, Company agrees to pay to City an initial in lieu of tax payment on or before the date therefor hereinabove provided, of at least the amount of the payment in lieu of taxes on said land and improvements which would be due by Company to City hereunder on the basis of renditions filed by Company with City's Collection Section for that year or on the basis of the assessment thereof for the last preceding year, whichever is higher. When the valuation on said property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter Company shall make to City any additional payment due based on such final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the restfit of other final settlement of the controversy, the valuation of C ompany's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for such year by Company, then within thirty (30) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the fmal settlement. VI (a) In the event Company fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the Company, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. If the Company is an industry covered by the third paragraph of Section 2 of Ordinm~ce 15898, as amended, failure to comply with the terms of that paragraph shall constitute grounds for termination of this Agreement, provided however, that the Company shall be given written notice of the grounds for termination and if within sixty (60) days the Company complies or demonstrates a satisfactory plan of compliance (where compliance requires more than sixty (60) days) the Agreement shall not be terminated. (b) City shall be entitled to a tax lien on said land and improvements, in the event of default in payment of in lieu of taxes payments hereunder, which may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorera taxes. (c) In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of said land, Company shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this C:XMY DOCUMENTS~IDAGR80.WPD 94 6 Agreement. If Company elects to pursue this remedy, then so long as City specifically performs its obligations hereunder, under injunctive order or otherwise, Company shall continue to make the armual payments required by this Agreement. (d) In the event Company uses, or permits use of, the land and improvements covered by this Agreement for purposes not included within the term "industry" as defined in Section 2 of Ordinance 15898, as amended, the payment in lieu of taxes to be paid by Company under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on land, improvements, and personal property sited on the land which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. Such increase shall be immediately effective for all payments from the inception of this Agreement, and Company shall transmit to the City within 10 days of being notified by City of the determination of a non-industrial use, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement less any amounts previously paid plus penalties and interest as if such amounts were delinquent taxes. City shall be entitled to its attorneys fees and other costs in collecting any such amounts. In addition, City shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from acourt ofcompetentjurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the land covered by this Agreement. Until the land is annexed, Company shall continue to make payments equal to said one hundred percent (100%) of ad valorera taxes. VII Company agrees to provide to City at Company's expense, a survey plat and field note description of said land. With respect to Company's acquisition of new land, as described in Article III(a) above, which becomes included in said land, Company agrees to provide to City at Company's expense, a survey plat and field note description of such new land. VIII If any attempt to annex any of said land owned, used, occupied, leased, rented or possessed by Company, is made by another municipality, or if the incorporation of any new municipality should be attempted so as to include within its limits such land or property, the City shall seek a temporary and permanent injunction against such annexation or incorporation, with the cooperation of Company, and shall take such other legal action as may be necessary or advisable under the circumstances. The cost of any such legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. In the event City and Company are unsuccessful in obtaining a temporary injunction enjoining such attempted annexation or incorporation, Company shall have the option of (1) terminating this Agreement, effective as of the date of such annexation or incorporation, or (2) continuing to make the in lieu of taxes payments required hereunder. Such option shall be exercised within thirty (30) days after the application for such temporary. injunction is denied. In the event Company elects to continue such in lieu of taxes payments, the City shall place future payments C:~,IY DOCUMENTSXIDAGRg0.WPD 95 7 hereunder together with part of the payment for the calendar year in which such annexation or incorporation is attempted, prorated to the date such temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by City subject to the following: (a) In the event final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding such annexation or incorporation, then all such payments and accrued interest thereon shall be refunded to Company; or (b) In the event final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating such annexation or incorporation, then all such payments and accrued interest thereon shall be retained for use by City. IX The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties presently owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and ~vhere reference is made herein to land, property and improvements owned by Company, that shall also include land and improvements presently owned by its affiliates. The word "affiliates" as used herein shall mean (1) all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over rift3, percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations which are members of a "controlled group of corporations" (as that term is defined in Section 1563(a) of the Intemal Revenue Code of 1954, as amended) of which the Company is a member. X This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes o~ either voluntarily or by operations of law, all or any part of said land, and the agreements herein contained shall be held to be covenants running with said land for so long as this Agreement or any extension thereof remains in force. (a) Whenever the Company sells a contiguous portion of said land to another industry as deemed in Ordinance No. 15898, as amended, then platting of such property may be deferred under the following conditions: (i) The seller shall submit for approval by the City Council a site plan indicating the proposed water, sewer, drainage, access, and street plans for said land; and CAIVIY DOCUMENTS~IDAGRS0.WPD (ii) Both the buyer and the seller shall enter into an agreement with the City requiring the platting of said land in the event the buyer's use of the property materially changes from the permitted uses described above, or if the Company's industrial district agreement terminates without extension. The seller shall remain solely responsible for any payments in lieu of taxes attributable to the buyer's holdings on the property unless the buyer has entered into a supplemental industrial district contract with the City concerning such holdings. (b) Whenever the Company prope~y plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit "A" and/or Exhibit "B", company shall furnish to the City's Collection Section a revised Exhibit "A" and/or Exhibit "B", which revised exhibit or exhibits shall constitute an amendment to this Agreement, effective for the calendar year next following the calendar year in which the conveyance occurred. Seller shall remain solely responsible for any payments in lieu of taxes for the calendar year in which the conveyance occurred. Thereafter, the buyer shall be responsible for such payments including any rollback payments under Part VI(d). In the event the Company improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A" or Exhibit "B", Company shall remain solely responsible for any payments in lieu of taxes applicable to such property, including improvements thereon, and including any rollback payments under Part VI(d), as if no such conveyance had occurred. XII Except for industrial districts in the Gulf of Mexico created pursuant to Section 11.0131 of the Texas Natural Resources Code, if City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry,, as classified by Major Group according to the S~andard Indus ~ria2 Classif lea tion Manual 1987 or enters into a renewal of any existing industrial district agreement with an industry of the same classification which contains in lieu of tax payment terms and provisions more favorable to such landowner than those in this Agreement, Company and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions. "Similar industry." shall not include any tourist-related business or facilities under Section 42.044, Texas Local Government Code. XIII In all of its procuremems, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional services contracts, the Company shall use reasonable efforts to procure same from businesses located within Nueces and San Patricio Counties unless same are not reasonably and competitivety available within said area. The Company shall make reasonable efforts to determine local availability and competitiveness but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. C:XIvIY DOCUMENTSUDAGR80.WPD 97 XIV In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or ciremmstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or tinconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby, unless such holding has the effect of diminishing the revenues payable to City hereunder. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate. This Agreement may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this __ day of ,2000. ATTEST: LANDOWNER AND IMPROVEMENTS OWNER By Name: Name: Title: Title: ATTEST: Armando Chapa CitySecretary CITY OF CORPUS CHRISTI By: David R. Garcia City Manager APPROVED THIS DAY OF CITY ATTORNEY By: Assistant City Attorney ,2000. C:~IY DOCUMENTSXIDAGRSO WpD 98 l0 LANDOWNER AND IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § Before me (name of notary), notary public of the state of on this day personally appeared , known to me and proved to me through his/her driver's license number , to be the person whose name is subscribed to the foregoing instrument and acknowledged to me_ that he/she executed the same for the purposes and consideration therein expressed. [Seal] Given under my hand and seal of office this __ day of , A.D., 2000. Notary Public, State of Printed Name: My Commission expires: CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2000, by David R. Garcia as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: C:LMY DOCUMENTS\IDAGRg0.WPD 99 of Cgrpus _--' __C nsi Risk Management Department To: Through: From: Subject: David R. Garcia, City Manager February I I, 2000 Jorge Garza, Assistant City Manager of Administrative Services Patricio Alba, Director of Safety and Risk Management Update on Group Health Insurance Program The City is approaching the end of its first year after returning to a self-insured health insurance program. In utilizing the Spohn/Entrust self-insured contracts to provide medical network services and claims administration, we have experienced a smooth transition from Humana to Spohn/Entrust. Additionally during this first year, the Risk Management Department explored health plan options for employees unable to cover their dependents due to financial constraints. With Entrust's technical assistance and actuarial analysis, we developed an affordable health plan to provide basic, minor medical needs such as physician visits, prescriptions and minor hospital services. The basic needs plan is referred to as "Citicare-Basic", as a basic start-up plan for those dependents currently without any health coverage. Although the administration of the City's health insurance program is smooth, there are few points that I would like to share with you in other areas of the group health insurance regarding program costs thus far. Administrative Costs A. Network Fees - The Spohn Network has provided favorable discount rates and service in the areas of utilization review and case management. The network continues to guarantee its 1999 provider and administrative fees up to four years. B. Third Party Administrator Fees - In administering the City health plans and processing medical claims for the four different health plans, Entrust has done well. The processing time for claims has been reduced with Entrust now processing claims within five (5) business days of receipt. This means that both patients and physicians can resolve billing matters in a more timely manner. Entrust's administrative fees are also guaranteed up to four contract years. C. Plan of Action for Year 2000 - Continue to monitor administrative functions. No changes in these administrative contracts or services are recommended at this time. 100 II. IlL Stop Loss Insurance Costs The City currently purchases stop loss insurance through a reinsurance carrier, TPAC. Since the premium is based on prior year experience, we have just received a renewal quote of $675,535, which is $87,286 over this past year. This renewal quote is within the existing contract provisions with TPAC. Medical Claims Costs Health care costs are increasing all across the country, but this is not generally the case with the City's self-insured health program. With the exception of the prescription drug benefit (which is discussed more fully hereafter), medical claims came in as predicted: $8,423,723 projected through 2/29/00 versus $8,370,000 as estimated in the January 1999 proposal. There is always an element of risk in the insurance business and we are seeing this with respect to the prescription drug benefit of the health program. Prescriotion Program Costs - This is an area of major concem. The City is experiencing extremely high prescription utilization per participant. In 1994, the annual number of prescriptions for City participants was approximately 45,000 compared to a projected 90,000 this year. Brand name utilization versus generic drags has increased dramatically over the past six (6) years. Generic utilization has decreased from 60% to a slipping 14%. At this rate, our prescription costs will exceed traditional annual levels by approximately $1.2 million for a total of $2.7 million this year. The City is projected to spend approximately 25 percent of its total health care budget on prescriptions when the national trend is 12 to 15 percent. Costs of Additional Insured Lives - There are approximately 250 additional insured lives in the City's health plans today. The City's recent above-average growth in health insurance participants is primarily due to a simultaneous increase in the number of new retirees and their dependents. City retirees are choosing to stay in Citicare, as opposed to moving to an alternate health plan. Furthermore, some employees having been adding dependents from other employer plans for what they feel are more advantageous City health benefits and/or premiums to the family. This certainly reflects well on the City health plan. Plan of Action for Year 2000 1. I recommend a 25% premium increase, effective March 1, 2000. The additional revenue generated by the increased premiums should enable the City to begin to recover the increasing prescription claims costs incurred during the first seven months of FY 1999-00 and to also cover claims for the duration of this fiscal year. Compounding the need for this increase was the delay in implementing the premium increase last year from 3/1/99 to 8/1/99, causing unrealized revenue to the fund of $600,000. To address the over-utilization of brand name prescriptions and the climbing costs of medications, I recommend increasing the brand name copay from $10 to $30 or 30% whichever is greater. In the event a brand name prescription is deemed medically necessary over substitution drugs, a $30 copay would apply instead of the 30% payment. The generic copay lol is recommended for an increase from $~0- to $5. Birth control medication should have a moderate copay increase from $10 to $15. These copay changes are recommended for the civilian plans on March 1, 2000 to in part reduce the prescription costs by approximately $1 million annually. Additional discounts have been negotiated with the Spohn Network for outpatient medical services, which should result in additional savings in Year 2000. Continuation of City Premium Contributions The City assists employees and dependents by paying part of the overall premium cost. Employees pay $1 monthly of the cost to insure themselves. The City pays 50% of the cost for dependent coverage. Although the City does not make a monthly contribution toward retiree premiums, oar retirees receive the same composite premium as active employees. This is accomplished by pooling retirees into the same large group of active employees, thereby avoiding much higher premiums for the refiree group. Therefore, employees and retirees share any group health premium and/or program changes. Corpus Christi is not alone in facing the types of claims and prescription issues discussed in this report. Health plans across the county are forced to take action when faced with climbing costs and out-of-control utilization, such as in the area of prescriptions. In 1999, other employer plans began implementing premium increases up to 40% plus. The City is now faced with the impact of a growing group number of insured lives, specifically in the retiree group and an aging workforce. Simply put, oar group is generating drug claims costs at expenditure levels beyond traditional levels and at a pace that exceeds the current level of revenue. Claims costs in medical utilization, however, are below traditional levels and are, in fact, partially subsidizing the impact of the drug claims costs. The anticipated premium increase should cover the claims for the remainder of this fiscal year, but not recover the shortfall incurred daring the first seven (7) months of this year. The anticipated copay increases in prescriptions should minimize the escalating prescription costs and over-utilization of brand name medications by encouraging the use of generic drugs and less expensive brand name alternatives when available. The impact of these plan changes to the overall costs will be monitored on a monthly basis to determine budgetary issues and impact. I appreciate your review of this report on the City's group health program. Please let me know if you hr~ any questions or would like any additional information. Patricio Alba Director of Safety and Risk Management CC: S~p Noe, Deputy City Manager Joe B. Montez, Director of Management and Budget 102 Notes and Comments 104-~