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HomeMy WebLinkAboutReference Agenda City Council - 05/15/2012Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Meeting Agenda - Final ___._ ....._.._.... City Council Tuesday, May 16, 2012 12:00 PM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. ' Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other infonnation pertaining to your subject, please presentit to the City Secretary. Si Usted desea dirigirse al Concilio y tree qua su ingles es limitado, habra un interprete ingles- espanol an todas las juntas del Concifio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Proclamations p roclamation declaring May 6 -12, 2012 as "Water Utilities Awareness Week" VOroclamation declaring May 2012 as "Motorcycle Safety and Awareness Month" VProclamation declaring May 2012 as "Older Americans Month" proclamation declaring May 2012 as 'Lupus Awareness Month" v9wearing -in ceremony of newly appointed Board, Commission and Committee members B. Mayor Joe Adame to call the meeting to order. C. Invocation to be given by Pastor Felix Zavala, El Shaddai Church. •� ��`��� "` D. Pledge of Allegiance to the Flag of the United States. —K Ail -ev\ E. City Secretary Armando Chapa to call the roll of the required Charter Officers. F. MINUTES: 1. 12 - 00330 Approval of Meeting Minutes - May 8, 2012. G. BOARDS & COMMITTEE APPOINTMENTS: NONE Corpus Christ! Page i Pdnfad an 511012012 INDEXED City Council Meeting Agenda - Final May 15, 2012 H. 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 consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining .Items will be adopted by one vote. Service agreement for street sweeping services 2. 12 -00216 Motion approving a service agreement with Coastal Maintenance Concepts, LLCIDeluxe Finance Inc.,Corpus Christi, Texas for street sweeping services in accordance with Bid Invitation No. BI- 0086 -12, based on lowest responsible bid, for an estimated two -year expenditure of 1 2r ® $ 587,484 of which $73,435.50 is required for the remainder of FY 2011 -2012. The term of the agreement shall be for twenty -four 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 designee. The service will be administered by the Storm Water Department Sponsors: Storm Water Department and Purchasing Division Acceptance of State grant and appropriation of funds for safety belt enforcement program 3. 12- 00271 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $23,992.90 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement a H1 2 086 Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. Sponsors : Police Department 4. 12 -00272 Ordinance appropriating $23,992.90 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic 029472 Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund; and declaring an emergency. sponsors; Police Department Corpus Christi Page 2 Printed an 5/1012012 City Council Meeting Agenda - Final May 15, 2072 Acceptance of Federal sub -grant and appropriation of funds for purchase of equipment for port security 5. 12 -00246 Motion authorizing the City Manager or designee to accept a sub -grant in the amount of $244,302 from the Department of Homeland Security FEMA 1 ® for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. Sponsors; Police Department 6. 12 -00247 Ordinance appropriating $244,302 in the No. 1061 Police Grants fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law 029473 enforcement equipment for the Police Department, and declaring an emergency. Sponsors: Police - Department Purchase of mobile interoperable vehicle for Police Department 7. 12 -00249 Motion approving the purchase of a Mobile interoperable Communications Vehicle for the Corpus Christi Police Department and regional users, from LDV, INC., Burlington, Wisconsin based on the Cooperative Purchasing 2012 0 Agreement with the State of Texas for a total amount of $229,814. Funds ® are available through the Port Security Grant Program (PSGP). Sponsors: Police Department and Purchasing Division Acceptance of State grant and appropriation of funds for diabetes prevention program S. 12 -00259 _029474 12 -00296 0'2 -9475 -Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2012. Sponsors; Health Department Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1 Health Grants Fund to provide diabetes prevention and management services; and declaring an emergency. Sponsors: Health Department Agreement allowing developer to defer required wastewater improvements prior to final plat of property located at 1026 S. Navigation Blvd. 10. 12 -00261 Motion authorizing the City Manager to execute a Deferment Agreement with Thomas Davis, (Developer), in the amount of $49,978.50 to allow for 1012 0 8 9the recording of the Saxet Industrial, Block 2, Lot 1 plat without having the Corpus Christ! Page 3 Printed on 5MW2012 City Council Meeting Agenda - Final May 15, 2012 required public improvements in place per Article 8.1.10 of the Unified Development Code. Recording of the plat will be subject to acceptance of a Letter of Credit for the amount of the deferred public improvements. Sponsors; Development Services Participation Agreement with CCISD for City's portion of costs related to Southside Middle School Tract development 11. 12 -00285 Motion authorizing the City Manager, or his designee, to execute a Participation Agreement with Corpus Christi Independent School District, Developer of CCISD - Southside Middle School Tract, in the amount of 201 090 $238,496.10 for the City's portion of the cost of the Ennis Joslin Road Bridge over Ditch 29, in accordance with the Unified Development Code. Sponsors, Development Services and Engineering Department Advance Funding Agreement with TxDOT for 2012 ADA Citywide Curb Ramp Replacement 12. 12 -00224 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the adjustment of wastewater manholes,-gas valves, and 02947 water valves within the project's scope of TXDOT's ADA Curb Ramps City -wide 2012 Program, with the City's participation in the amount of $17,473. Sponsors. Engineering Department Advance Funding Agreement with TxDOT for utilities work related to McKinzie Road Improvements project 13. 12 -00262 Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation t f (TXDOT) for the adjustment of wastewater manholes, gas valves, and t water valves within the project's scope of TX-DOT's FM 3386 (McKinzie Road) from IH 37 to three miles south of lH 37, with the City's participation in the amount of $24,282. Sponsors; Engineering Department Street closure application for Discover Downtown Music and Film Festival 14. 12 -00256 Motion approving the application for street closure from Moondogger Productions to temporarily close the following street sections for the 2012 ®� Discover Downtown Music and Film Festival to take place Friday, May 18, 2012 and Saturday, May 19, 2012. The temporary street closure of north bound Shoreline Boulevard between Buford Street and Coopers Alley, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. Corpus Chrlsd Page 4 Panted on 51101202 City Council Meeting Agenda - Final May 15, 2012 The temporary street closure of south bound Shoreline Boulevard between Furman Avenue and Kinney Street, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Park Avenue between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. The temporary street closure of Kinney Street between south bound Shoreline Boulevard and north bound Shoreline Boulevard, beginning at 3:00 p.m. Friday, May 18, 2012 and ending at 12:00 a.m. Sunday, May 20, 2012. ssRonsors: . Engineering Department Second Reading Ordinance - Appropriation of funds to reimburse police overtime costs for special event 15. 12 -00250 Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime reimbursement for the HITS Marathon held on February 18 -19, 2012, 029478 changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $30,301.57 each. (First Reading - 05108112) Soonsars: Police Department Second Reading Ordinance - Code amendment regarding "vulnerable road users" protection 16. 12 -00225 Ordinance adding a new Section 53 -15 to the Corpus Christi Code of Ordinances relating to restrictions on operating a motor vehicle near a r vulnerable road users; creating an offense; providing for penalties; providing for severance; providing for publication; providing for an effective date. (First Reading - 5108112) Sponsors. Police Department Second Reading Ordinance - Amendment to Code of Ordinances regarding regulation of illegal smoking products 17. 12 -00283 Ordinance amending Chapter 33, Code of Ordinances, City of Corpus Christi, by adding a new Article (IX) to regulate illegal smoking products O and related paraphernalia and by specifically negating a .requirement of a culpable mental state; providing for penalties; providing for severance; providing for publication. (First Reading - 05108112) Sponsors: Police Department Corpus Christi Page 5 Printed on "012012 e City Council Meeting Agenda - Final May 15,2012 J. EXECUTIVE SESSION: (NONE). PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that tho City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the open Meetings Act authorizing the executive session will be publicly announced by the presiding once. K. PUBLIC HEARINGS: (NONE) L. REGULAR AGENDA The following items are motions, resolutions and ordinances that will be considered and voted on individually. Construction contract to replace wastewater lift station force main 18. 12 -00184 Motion authorizing the City Manager, or designee, to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the 2012 ®� amount of $1,593,083.32 for the McBride Lift Station Force Main Replacement for the Base Bid, Sponsors: Engineering Department and Wastewater Department Appropriation of funds and approval of contract to renovate Ayers Municipal Service Center fuel station 19. 12 -00212 Ordinance appropriating $198,096.94 from the Maintenance Services Unreserved Fund Balance No. 5110 for the Ayers Municipal Service Center 0 29. 4 8 1 Fuel Station Renovation, changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing expenditures by $198.096.94. Sponsors. Engineering Department and Facilities Maintenance Services 20. 12 -00213 Motion authorizing the City Manager,.or designee, to execute a construction contract for the Base Bid and Additive Alternate No. 1 with Facility Solutions Group, Inc. of Austin, Texas, in the amount of 1 2 093 $154,175.00 for the Ayers Municipal Service Center Fuel Station Renovation. Sponsors: Engineering Department and Facilities Maintenance Services Resolution requesting that Nueces County add a Child Safety fee to fund school crossing guard program 21. 12 -00282 Resolution requesting the Nueces County Commissioners Court to add a child safety fee of $1.50 per vehicle registered in Nueces. County, pursuant 029482 to Section 502.403 of the Transportation Code, to be made effective January 1, 2013. Corpus Christi Page 6 Printed on 511012012 City Council Meeting Agenda - Final May 15, 2012 SponsnrS: Police Department M. FIRST READING ORDINANCES: (NONE) N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL The following items are for Councils informational purposes only. No action will be taken and no public comment will be solicited. Purchase of wastewater lift station replacement pumps 22. 12 -00286 Motion approving the purchase of six (6) Wastewater Lift Station Replacement Pumps from Xylem Water Solutions USA, Inc., Corpus Christi, Texas, in accordance with Bid Invitation No. BI- 0058 -12 based on lowest responsible bid in the amount of $137,505.34. Funds have been budgeted by the Wastewater Department Fuhd in FY 2011 -2012. Sponsors: Purchasing Division and Wastewater Department Contracts for construction, materials testing, and professional services for Staples Street Phase 1 Improvements from Brawner Parkway to Barracuda Place 23. 12 -00226 Motion authorizing the City Manager, or designee, to execute a Construction Contract with Reytec Construction Resources, Inc of Houston, Texas in the amount of $5,851,969.45 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for'the base bid and additive alternate No. 2 (Bond 2008). Sponsors: Engineering Department and Street Department 24. 12 -00227 Motion authorizing the City Manager, or designee, to execute a Construction Materials Testing with Tolunay -Wong Engineers, Inc of Corpus Christi, Texas in the amount of $89,400.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place (Bond 2008). Sponsors: Engineering Department and Street Department' 25. 12 -00228 Motion authorizing the City Manager, or'designee, to execute Amendment No. 7 to a Contract for Professional Services with LNV Engineering, Inc of Corpus Christi, Texas in the amount of $98,560.00 for a restated fee of $1,043,795.00 for Staples Street Phase 1 from Brawner Parkway to Barracuda Place for Construction Inspection. Services (Bond 2008). Resolution regarding use of remaining proceeds for Bond 2008 26. 12 -00221 Resolution Supporting the Use and Commitment of Necessary Funding of any Remaining Bond 2008 - Street Proceeds to fund additional projects requested by the City Council. Sponsors; Engineering Department Corpus Christi Page 7 Printed on 511012012 City Council Meeting Agenda - Final' May 15, 2012 Approval of reimbursement agreement for proposed water improvements for industrial development off of Hwy 44 (Bronco Road) 27. 12 -00287 Motion approving the Grid Main Extension Construction and Reimbursement Agreement submitted by Commercial Metals Company, owner and developer of CMC Subdivision Lot 4A, located north of Hwy. 44 (Agnes St.) on Bronco Road for the extension of an B -inch and 12 -inch grid main fine, including all related appurtenances. sS oo nsors. Development Services 28. 12 -00295 Ordinance appropriating $415,070,00 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Commercial Metals Company, for the extension of a 12 -inch grid main line, including all related appurtenances for development of CIVIC Subdivision Lot 4A, as specified in the Water Grid Main Line Extension Construction and Reimbursement Agreement Sponsors, Development Services Schlitterbahn Type A agreement and appropriation of funds 29. 12 -00327 Ordinance appropriating $5,000,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), to be paid. to Schlitterbahn's.general partner North Padre WPH GP, LLC, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs; Changing the FY 2011 -2012 operating budget, adopted by Ordinance No. 029155, by increasing proposed expenditures by $5,000,000; and declaring an emergency Sponsors; Economic Development 30. 12- 00328 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "Type A Corporation") and North Padre Waterpark Holdings, LTD ( "Schlitterbahn "), which provides a grant of up to $5,000,000, of which $2,500,000 (one -half) is to be paid upon 50% completion of the construction of the waterpark or after $5,000,000 has been spent on infrastructure costs, whichever comes first, and $2,500,000 (one -half) upon completion of the Waterpark construction, for the creation of certain infrastructure improvements allowed under Section 501.103 of the Corpus Christi Page 8 Printed on 5/1012012 City Council Meeting Agenda - Final May 15, 2012 Texas Local Government Code needed for the development of the Schlitterbahn waterpark in Corpus Christi, increased economic development and the creation and retention of jobs, and authorizing the City Manager or designee to execute a business incentive project support agreement with the Type A Corporation regarding implementation and administration of the Schlitterbahn Business Incentive Agreement for the creation and retention of jobs Sponsors: Economic Development Schlitterbahn Chapter 380 Incentive Agreement 31. 12 -00326 Resolution authorizing the City Manager or designee to execute a Chapter 380 Economic Development Incentive Agreement with Upper Padre Partners, LP, and North Padre Waterpark Holdings, LTD, ( "Agreement ") for certain economic development grants up to approximately $112,116,878 to be paid to Upper Padre GP, Inc, general partner of Upper Padre Partners, LP, for development of a Schlitterbahn waterpark resort project together with certain public improvements by Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD for the benefit of the City Sponsors : Economic Development UPDATES TO CITY COUNCIL 32. 12 -00336 Update on Destination Bayfront (To be considered at approximately 1:00 P.M.) Sponsors: Engineering Department O. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4 :00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. -PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT 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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE STATEMENT.OFFACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR Corpus Chrie f Page 9 Printed on 5/1012012 City Council Meeting Agenda - Final May 15, 2012 MEMBERS OF THEAUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLICATANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. P. CITY MANAGER'S COMMENTS: * Update on City Operations Q. ADJOURNMENT Corpus Christi Page 10 Printed an 5/10/2012 CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING May 15. 2012 CONSENT A GENDA- Page i of cz J. Adame C. Adler V K. Allen L. Elizondo i / P. Leal ✓ -� D. Loeb ✓ V J. Marez vol N. Martinez M. Scott Page i of cz CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING May 15 2012 1 � Page a of .,,-- ,.. - _ I _ ._,_.,. __ .... - ..- - - -- ----- �� - _ - r -.. - -- ..... . -... , .- .;..,.,,. . - -. -..,,. .... 1 7 ...,. N. Martinez 1 � Page a of .,,-- ,.. - _ I _ ._,_.,. __ .... - ..- - - -- ----- �� - _ - r -.. - -- ..... . -... , .- .;..,.,,. . - -. -..,,. .... 1 7 ...,.