HomeMy WebLinkAboutMinutes City Council - 05/22/2012I 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 May22, 2012 which were approved by the City
Council on May 29, 2012.
WITNESSETH MY HAND AND SEAL, on this the 29th day of May, 2012.
Armando Chapa
City Secretary
SEAL
INDEXED
Corpus Christi
Meeting Minutes - Final
City Council
1201 Leopard St
Corpus Christi, TX 78401
CCtexas.com
Tuesday, May 22, 2012
12:00 PM Council Chambers
A. Proclamations
Mayor Adame presented the following recognition:
Presentation to Mr. John Taylor's family in honor of his civic contributions and
dedicated service to Corpus Christi and the Coastal Bend Community.
B. Call meeting to order.
C. Invocation.
Mayor Adame called the meeting to order.
Present: 8 - Mayor Joe Adame,Council Member Chris Adler,Council Member Kelley
Allen,Council Member Larry Elizondo,Council Member Priscilla Leal,Council
Member David Loeb,Council Member John Marez, and Council Member
Nelda Martinez
Absent: 1 - Council Member Mark Scott
The invocation was delivered by Deacon Michael Mantz, Diocese of Corpus
Christi.
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:
Councl Members Present: Joe Adame, Chris Adler, Kelley Allen, Larry
Elizondo, Priscilla Leal, David Loeb, John Marez, and Nelda Martinez
Council Members Absent: Mark Scoft
Charter Officers Present: City Manager Ron Olson, City Attorney Carlos Valdez
and City Secretary Armando Chapa
F. MINUTES:
1. Approval of Meeting Minutes - May 15, 2012.
A motion was made by Council Member Martinez, second by Council Member
Adler to approve the minutes as presented and passed with the following vote:
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Meeting Minutes - Final May 22, 2012
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 0
G. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
I. CONSENT AGENDA
Purchase of wastewater lift station replacement pumps
2.
3.
Mayor Adame called for consideration of the Consent Agenda, Items 2 through
4. There were no comments and the remaining items were approved by one
vote:
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.
The foregoing motion was passed and approved with the following vote:
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: M2012-094
Approval of reimbursement agreement for proposed water improvements for
proposed industrial development on Hwy 44 (Bronco Road)
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 Eine, including all related appurtenances.
The foregoing motion was passed and approved with the following vote:
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Absent: 1 - Council Member Scott
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Abstained: 0
Enactment No: M2012-095
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
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: Ord 029483
J. EXECUTIVE SESSION:
5.
Executive session pursuant to Section 551.087 of the Texas Government
Code to deliberate regarding confidential commercial or financial
information received from Schlitterbahn Waterpark that the City Council
seeks to have locate, stay or expand within the City and with which the
City is conducting economic development negotiations and to deliberate
possible offers of financial or other incentives to said business prospect
with possible discussion and action in open session.
City Manager Olson announced that the executive session was being
withdrawn.
K. PUBLIC HEARINGS: (NONE)
Schlitterbahn project Type A agreement and appropriation of funds
MayorAdame deviated from the agenda and referred to Item No. 11. Toby
Futrell, Interim Assistant City Manager provided an overview of the
Schlitterbahn Project and discussed the following: overall economic
development strategy, public investment structure, proposed $552 million
private investment, and the Chapter 380 agreement framework.
MayorAdame asked for comments from the audience and the following
citizens spoke: Abel Alonzo thanked the City Manager and staff for their work
on this project and stated that this is a "Community Project"; and Craig
Lovington, spoke regarding a section of the agreement pertaining to using
local contractors to also include health insurance, retirement, wages and
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Meeting Minutes - Final May 22, 2012
11.
benefits.
Ordinance appropriating $5,000,000 from the unreserved fund balance in
the No. 1140 Business/Job Development Fund fora 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
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: Ord 029486
12. 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
The foregoing resolution was passed and approved with the following vote:
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Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: Res 029487
Schlitterbahn project economic development incentive agreement
13. 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
The foregoing resolution was passed and approved with the following vote:
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: Res 029488
L. REGULAR AGENDA
Appropriation for emergency removal of storm debris
6.
MayorAdame asked for comments from the audience. There were no
comments.
Ordinance appropriating $500,000 from the unappropriated fund balance
in the No. 1020 General Fund for the removal, mulching, and disposal of
brush and debris which resulted from severe thunderstorms and wind that
occurred May 10, 2012; changing the FY2011-12 operating budget
adopted by Ordinance 029155 by increasing appropriations by
$500,000; and declaring an emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
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7.
Aye: 8 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez and. Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: Ord 029484
Contracts for construction, materials testing, and professional services for
Staples Street Phase 1 improvements
MayorAdame referred to Items 7, 8 and 9. MayorAdame asked for comments
from the audience and the following citizens spoke: Eloy Salazar spoke about
maintenance of city streets and in support of concrete; Rudy Garza spoke in
support of concrete; and Abel Alonzo spoke in support of concrete.
A motion was made by Council Member Marez, seconded by Council Member
Leal to award the Base Bid and Alternate No. 1 (concrete), and passed with the
following vote: Allen, Elizondo, Leal and Marez, voting "Aye"; Adame, Adler
and Martinez, voting "Nay"; Loeb abstained; and Scott was absent.
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).
The foregoing motion was passed and approved as amended with the
following vote:
Aye: 4 - Council MemberAllen, Council Member Elizondo, Council Member Leal
and Council Member Marez
Nay: 3 - MayorAdame, Council MemberAdler and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 1 - Council Member Loeb
Enactment No: M2012-096
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).
The foregoing motion was passed and approved with the following vote:
Aye: 4 - Council MemberAllen, Council Member Elizondo, Council Member Leal
and Council Member Marez
Nay: 3 - MayorAdame, Council MemberAdler and Council Member Martinez
Absent: 1 - Council Member Scott
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9.
Abstained: 1 - Council Member Loeb
Enactment No: M2012-097
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).
The foregoing motion was passed and approved with the following vote:
Aye: 5 - Council MemberAdler, Council MemberAllen, Council Member Elizondo,
Council Member Leal and Council Member Marez
Nay: 2 - MayorAdame and Council Member Martinez
Absent: 1 - Council Member Scott
Abstained: 1 - Council Member Loeb
Enactment No: M2012-098
Resolution regarding use of remaining proceeds from Bond 2008
MayorAdame referred to Item No. 10. MayorAdame asked for comments from
the audience. There were no comments.
10. 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.
The foregoing resolution was passed and approved with the following vote:
Aye: 7 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Elizondo, Council Member Loeb, Council Member Marez and
Council Member Martinez
Absent: 2 - Council Member Leal and Council Member Scott
Abstained: 0
Enactment No: Res 029485
M. FIRST READING ORDINANCES (NONE)
N. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL
Mayor Adame referred to the Future Agenda section of the agenda, Items 14
and 15. MayorAdame stated that these items are for informational purposes
only and that no action or public comments would be taken at this item. Staff
provided a presentation on items 14 and 15.
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Type A grant for investment and expansion of a cycle business in downtown
Corpus Christi
14. Ordinance appropriating $200,000 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 Plant Bikes LLC ("Rugged
Cycles") for building improvements to expand their current location in
Corpus Christi and the creation and retention of jobs; Changing the FY
2011-2012 operating budget, adopted by Ordinance No. 029155, by
increasing proposed expenditures by $200,000; and declaring an
emergency
15.
This emergency ordinance was recommended by staff to the consent agenda.
Enactment No: NO -029412
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 Plant Bikes LLC
("Rugged Cycles"), which provides a grant of up to $200,000 for building
improvements to expand their current location in Corpus Christi 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 Rugged Cycles Business Incentive Agreement for the creation and
retention of jobs.
This resolution was recommended by staff to the consent agenda.
Enactment No: NO -029413
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.
Mayor Adame referred to the Public Comment section of the agenda and the
following citizens spoke: Carolyn Moon spoke in favor of a fee for reuseable
bags.
P. CITY MANAGER'S COMMENTS:
Update on City Operations
City Manager Olson provided an update on the preparation of the City Budget
for next Fiscal Year; Street Maintenance Use Fee; announced the appointment
of Wesley Pierson was appointed Assistant City Manager and will begin
employment on June 11, 2012; interview process is ongoing for the Director of
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Intergovernmental Relations; interviews are scheduled for the Director of
Engineering in 2 weeks; the Municipal Court Administrator was readvertised
and applications are due June 4th; staff is finalizing a Bond 2012 evaluation
and will be scheduled for council discussion in June; and the deadline for the
Fire FactfFinding Report is today.
Q. ADJOURNMENT
Mayor Adame adjourned the meeting at 2:00 pm.
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