HomeMy WebLinkAboutMinutes City Council - 05/15/2012I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of May 15, 2012 which were approved by the City
Council on May 22, 2012.
WITNESSETH MY HAND AND SEAL, on this the 22nd day of May, 2012.
Armando Chapa
City Secretary
SEAL
INC1EXED
Corpus Christi
Meeting Minutes - Final
City Council
1201 Leopard Si
Corpus Christi, TX 78401
CCtexas.com
Tuesday, May 15, 2012
12:00 PM Council Chambers
A. Proclamations
Mayor Adame read the following Proclamations:
Proclamation declaring May 6-12, 2012 as "Water Utilities Awareness Week"
Proclamation declaring May 2012 as "Motorcycle Safety and Awareness Month"
Proclamation declaring May 2012 as "Odler Americans Month"
Proclamation declaring May 2012 as "Lupus Awareness Month"
Swearing-in ceremony of newly appointed Board, Commission and Committee
members
B. Call meeting to order.
Mayor Adame called the meeting to order.
Present: 9 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley
AIIen,Council Member Larry Erizondo,Council Member Priscilla Leal,Council
Member David Loeb,Council Member John Marez,Council Member Nelda
Martinez, and Council Member Mark Scott
C. Invocation.
The invocation was delivered by Council Member John Marez.
D. Pledge of Allegiance.
The Pledge was led by Council Member Kelley Allen.
E. Roll call.
City Secretary Chapa verified that the necessary quorum of the council and the
required Charter officers were present to conduct the meeting:
Council Members Present: Joe Adame, Chris Adler, Kelley Allen, Larry
Elizondo, Priscilla Leal, David Loeb, John Marez, Nelda Martinez and Mark
Scott.
Charter Officers Present: City Manager Ron Olson, City Attorney Carlos Valdez
and City Secretary Armando Chapa.
F. MINUTES:
1. Approval of Meeting Minutes - May 8, 2012.
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A motion was made by Council Member Martinez, seconded by Council
Member Marez to approve the minutes as presented and passed with the
following vote:
Aye: 9 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
G. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
I. CONSENT AGENDA
2.
3.
Mayor Adame called for consideration of the Consent Agenda, Items 2 through
17. Item No 2 was pulled for individual consideration and voted on separately.
The remaining consent items were approved by one vote.
Service agreement for street sweeping services
Motion approving a service agreement with Coastal Maintenance
Concepts, LLC/Deluxe 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 $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
The foregoing motion was passed and approved with the following vote:
Aye: 9 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: M2012-085
Acceptance of State grant and appropriation of funds for safety belt
enforcement program
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 Project (STEP) for occupant protection enforcement
overtime within the Police Department and to execute all related
documents.
The foregoing motion was passed and approved with the following vote:
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4.
5.
6.
Aye: 9- MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: M2012-086
Ordinance appropriating $23,992.90 from the Texas Department of
Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic
Enforcement Project (STEP) within the Police Department in No. 1061
Police Grants Fund; and declaring an emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 9 - MayorAdame, Council Member Adler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: Ord. 029472
Acceptance of Federal sub -grant and appropriation of funds for purchase of
equipment for port security
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 for funding eligible under the 2011 Port Security Grant Program
(PSGP) grant to purchase law enforcement equipment for the Police
Department.
The foregoing motion was passed and approved with the following vote:
Aye: 9- MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: M2012-087
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 enforcement equipment for the Police Department, and declaring an
emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 9 - MayorAdame, Council Member Adler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
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8.
9.
Meeting Minutes - Final May 15, 2012
Abstained:. 0
Enactment No: Ord. 029473
Purchase of mobile interoperable communications vehicle for Police
Department
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 Agreement with the State of Texas for a total
amount of $229,814. Funds are available through the Port Security Grant
Program (PSGP).
The foregoing motion was passed and approved with the following vote:
Aye: 9 - MayorAdame, Council Member Adler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: M2012-088
Acceptance of State grant and appropriation of funds for diabetes prevention
program
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.
The foregoing resolution was passed and approved with the following vote:
Aye: 9 - MayorAdame, Council Member Adler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: Res. 029474
Ordinance appropriating a grant of $80,000 from the Texas Department
of State Health Services in the No. 1066 Health Grants Fund to provide
diabetes prevention and management services; and declaring an
emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 9 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
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Abstained: 0
Enactment No: Ord. 029475
Agreement allowing developer to defer required wastewater improvements
prior to final plat of property located at 1026 S. Navigation Blvd.
10. Motion authorizing the City Manager to execute a Deferment Agreement
with Thomas Davis, (Developer), in the amount of $49,978.50 to allow for
the recording of the Saxet Industrial, Block 2, Lot 1 plat without having the
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.
The foregoing motion was passed and approved with the following vote:
11.
Aye: 9 - MayorAdame, Council Member Adler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: M2012-089
Participation Agreement with CCISD for City's portion of costs related to
Southside Middle School Tract development
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
$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.
The foregoing motion was passed and approved with the following vote:
Aye: 8 - MayorAdame, Council Member Adler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Abstained: 1 - Council Member Scott
Enactment No: M2012-090
Advance Funding Agreement with TxDOT for 2012 ADA Citywide Curb Ramp
Replacement
12. 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 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.
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The foregoing resolution was passed and approved with the following vote:
Aye: 9 - Mayor Adame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: Res. 029476
Advance Funding Agreement with TxDOT for utilities work related to McKinzie
Road Improvements project
13. 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 water valves within the project's scope of TXDOT's FM 3386
(McKinzie Road) from IH 37 to three miles south of IH 37, with the City's
participation in the amount of $24,282.
14.
The foregoing resolution was passed and approved with the following vote:
Aye: 9 - Mayor Adame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: Res. 029477
Street closure application for Discover Downtown Music and Film Festival
Motion approving the application for street closure from Moondogger
Productions to temporarily close the. following street sections for the
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.
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.
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15.
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.
The foregoing motion was passed and approved with the following vote:
Aye: 9 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: M2012-091
Second Reading Ordinance - Appropriation of funds to reimburse police
overtime costs for special event
Ordinance appropriating $30,301.57 from HITS, INC. for Police overtime
reimbursement for the HITS Marathon held on February 18-19, 2012,
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 - 05/08/12)
The foregoing ordinance was passed and approved on second reading with
the following vote:
Aye: 9 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: Ord. 029478
Second Reading Ordinance - Code amendment regarding "vulnerable road
users" protection
16. Ordinance adding a new Section 53-15 to the Corpus Christi Code of
Ordinances relating to restrictions on operating a motor vehicle near a
vulnerable road users; creating an offense; providing for penalties;
providing for severance; providing for publication; providing for an
effective date. (First Reading - 5/08/12)
The foregoing ordinance was passed and approved on second reading with
the following vote:
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Loeb, Council Member Marez, Council
Member Martinez and Council Member Scott
Nay: 1 - Council Member Leal
Abstained: 0
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17.
Enactment No: Ord. 029479
Second Reading Ordinance - Amendment to Code of Ordinances regarding
regulation of illegal smoking products
Ordinance amending Chapter 33, Code of Ordinances, City of Corpus
Christi, by adding a new Article (IX) to regulate illegal smoking products
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)
The foregoing ordinance was passed and approved on second reading with
the following vote:
Aye: 9- MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: Ord. 029480
J EXECUTIVE SESSION: (NONE)
K. PUBLIC HEARINGS: (NONE)
L. REGULAR AGENDA
Construction contract to replace wastewater lift station force main
18. Motion authorizing the City Manager, or designee, to execute a
construction contract with Bridges Specialties, Inc. of Sandia, Texas in
the amount of $1,593,083.32 for the McBride Lift Station Force Main
Replacement for the Base Bid.
Note: This item had a scrivener error. The amount was posted as
$1,543,083.32 and should have been $1,543,083.67.
The foregoing motion was passed and approved with the following vote:
Aye: 9 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: M2012-092
Appropriation of funds and approval of contract to renovate Ayers Municipal
Service Center fuel station
19. Ordinance appropriating $198,096.94 from the Maintenance Services
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Unreserved Fund Balance No. 5110 for the Ayers Municipal Service
Center Fuel Station Renovation, changing the FY2011-2012 Operating
Budget adopted by Ordinance No. 029155 by increasing expenditures by
$198.096.94.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 9 -
Abstained: 0
Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Eiizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Enactment No: Ord. 029481
20. 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
$154,175.00 for the Ayers Municipal Service Center Fuel Station
Renovation.
The foregoing motion was passed and approved with the following vote:
Aye: 9 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained:
Enactment No: M2012-093
Resolution requesting that Nueces County add a Child Safety fee to fund
school crossing guard program
21. Resolution requesting the Nueces County Commissioners Court to add a
child safety fee of $1.50 per vehicle registered in Nueces County,
pursuant to Section 502.403 of the Transportation Code, to be made
effective January 1, 2013.
The foregoing resolution was passed and approved with the following vote:
Aye: 9 -
Abstained: 0
Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Enactment No: Res. 029482
M. FIRST READING ORDINANCES: (NONE)
N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL
MayorAdame referred to the Future Agenda section of the agenda, Items 22
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through 31. Mayor Adame stated that these items are for informational
purposes only and that no action or public comment would be taken at this
item. Staff provided a presentation on Item Nos. 23, 24, 25, 26, 29, 30 and 31.
Purchase of wastewater lift station replacement pumps
22. 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 Fund in FY 2011-2012.
This Motion was recommended by staff to the Consent Agenda.
Enactment No: M2012-033
Contracts for construction, materials testing, and professional services for
Staples Street Phase 1 Improvements from Brawner Parkway to Barracuda
Place
23. Motion authorizing the City Manager, or designee, to execute a
Construction Contract with Reytec Construction Resources, Inc of
Houston, Texas in the amount of $6,530,816.95 for Staples Street Phase
1 from Brawner Parkway to Barracuda Place for Additive Alternate No. 1
(Bond 2008).
This Motion was recommended by staff to the Regular Agenda.
Enactment No: M2012-036
24. 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).
This Motion was recommended by staff to the Regular Agenda.
Enactment No: M2012-037
25. 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).
This Motion was recommended by staff to the Regular Agenda.
Enactment No: M2012-038
Resolution regarding use of remaining proceeds for Bond 2008
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26. 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.
This Resolution was recommended to the Regular Agenda.
Enactment No: NO -029409
Approval of reimbursement agreement for proposed water improvements for
industrial development off of Hwy 44 (Bronco Road)
27. 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 8 -inch and 12 -inch
grid main line, including all related appurtenances.
This Motion was recommended by staff to the Consent Agenda.
Enactment No: M2012-034
28. 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 CMC Subdivision Lot 4A, as
specified in the Water Grid Main Line Extension Construction and
Reimbursement Agreement
This Ordinance was recommended by staff to the Consent Agenda.
Enactment No: NO -029407
Schlitterbahn Type A agreement and appropriation of funds
29. 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
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emergency
This Ordinance was recommended by staff to the Regular Agenda.
Enactment No: NO -029410
30. 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 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
This Resolution was recommended by staff to the Regular Agenda.
Enactment No: NO -029405
Schlitterbahn Chapter 380 Incentive Agreement
31. 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
This Resolution was recommended by staff to the Regular Agenda.
Enactment No: NO -029411
UPDATES TO CITY COUNCIL
32. Update on Destination Bayfront (To be considered at approximately 1:00
p.m.)
MayorAdame referred to Item No. 32, Update on Destination Bayfront. Trey
McCampbell, Destination Bayfront Committee Member recognized the
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committee members and Hargreaves and Associates staff. Ms. Mary Margaret
Jones, Hargreaves & Associates provided an overview and discussed the
following: future destination of the Bayfront Park; destination bayfront site;
design for environmental conditions; site activity plan; concept design options;
final concept design; key components - promenade, pier, beach, water
recreation area, play area, family area, great lawnlfestival area and sherrill
park; traffic along Shoreline Boulevard; construction cost estimate; and the
economic benefit of destination bayfront.
O. PUBLIC COMMENT.
Mayor Adame referred to Public Comment. Israel Ybarra spoke about the
bicyclist ordinance; Carolyn Moon spoke about the Wounded Warrior event
and the conditions of the beach; Johnny French spoke about the Park Road 22
project; Curt Broomfield spoke about traffic light synchronization in the city;
P. CITY MANAGER'S COMMENTS:
There were no city manager comments.
Q. ADJOURNMENT
Mayor Pro Tem Scott adjourned the meeting at 2:00 pm.
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