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HomeMy WebLinkAboutMinutes City Council - 02/09/2010MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 9, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney Larry Elizondo, Sr. Kevin Kisechnick Priscilla Leal Nelda Martinez ABSENT John Marez Mark Scott City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Lewis with Bayshore Bible Church and the Pledge of Allegiance to the United States flag was led by Council Member Brent Chesney. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of January 26, 2010. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame referred to Item 2 and the following board appointments were made: Committee for Persons with Disabilities Abel Alonzo (Reappointed) Thomas Dreyer (Reappointed) Irene Martinez (Reappointed) Maria Bertha Chapa Romero (Appointed) Community Youth Development (78415) Program Steering Committee Christina Cisneros (Appointed) C.C. Aquifer Storage and Recovery Conservation District (Confirmation of Officers) Oscar Martinez, President Margie Rose, Vice President Mechanical/Plumbing Advisory Board Fred Segundo, Secretary Mike Wanzer (Reappointed) Elvin P. O'Bryan (Reapponted) Sean M. Rodriguez (Reappointed) Stacey Gallagher (Appointed) James E. Mokry (Appointed) Joint Land Use Study Committee Mayor Joe Adame (Appointed) Council Member Mark Scott (Appointed) Senior Companion Program Advisory Committee Monica Rodriguez (Appointed) Carmela P. Quintanilla (Appointed) INDEXED Minutes — Regular Council Meeting February 9, 2010 — Page 2 ************ Mayor Adame called for consideration of the consent agenda (Items 3 - 8). There were no comments from the public. Council members requested that Items 5 and 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 028476 Resolution authorizing the City Manager or his designee to accept a grant of $139,842 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and to execute all related documents; and ratifying acceptance of the grant agreement to begin January 1, 2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. 3.b. ORDINANCE NO. 028482 Ordinance appropriating a grant of $139,842 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. 4. ORDINANCE NO. 028477 Ordinance appropriating payments from Nueces County, in the amount of $15,500, and from the City of Corpus Christi, in the amount of $7,750, in the No. 1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health Awareness Board, for services to be provided by the board. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. 6. MOTION NO. 2010-026 Motion authorizing the City Manager or his designee to execute a construction contract with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $594,295 for the Southmoreland Addition Street Improvements, Phases 3B and 4B, Part 2. (CDBG-R) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. Minutes — Regular Council Meeting February 9, 2010 — Page 3 7. MOTION NO. 2010-027 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Stridde, Call ins & Associates, Inc., of Corpus Christi, Texas, in the amount of $74,067 for design, bid, construction, phase and additional services for Rehabilitation of City/County Health Department Facility. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. Mayor Adame opened discussion on Item 5 regarding the City authorizing Beeville Water Supply District to sell wholesale water to Blueberry Hills Water Works LLC. Council Member Leal asked questions regarding how long the Texas Commission on Environmental Quality (TCEQ) has been aware that the Blueberry Hills Water Works wells were contaminated with arsenic. Assistant City Manager Oscar Martinez stated that he did not have that information. Ms. Leal expressed concern for the health and safety of the people receiving water from Blueberry Hills Water Works and was happy that this would resolve the issue. Council Member Martinez clarified for the public that the arsenic issue was not in the City of Corpus Christi. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 028478 Resolution authorizing the Beeville Water Supply District to sell wholesale water to Blueberry Hills Waterworks, LLC, subject to certain conditions. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. Mayor Adame opened discussion on Item 8 regarding the City entering into outside city limits water contracts with residents in the London Club Estates Subdivision. Council Member Kieschnick asked questions regarding the looping of the water system. Assistant City Manager of Development Services Johnny Perales stated that the extension of the water main was extended to the London Club Estates Subdivision and there are additional services demands at the end of the main extension. Mr. Perales added that the main does not connect to another grid main but the subdivision is looped. In response to Council Member Adler, Mr. Perales stated that the City is obligated to bring each water contract to the City Council; however, the second action is requesting that additional requests on the remaining 110 properties be handled administratively without bringing each agreement to the City Council for approval. Council Member Martinez asked whether the Hendersons were still missing the required documentation. Mr. Perales reported that the Hendersons had the required documents and a building permit is ready. Ms. Martinez asked staff to make sure that all future property owners have the specified City requirements. In response to Council Member Leal, Mr. Perales explained that the water line was constructed by the developer and that the City did not pay for any construction or installation of the water main. Mr. Perales added that the customers in the subdivision will pay the outside city limits water rate. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting February 9, 2010 — Page 4 8.a. MOTION NO. 2010-028 Motion authorizing the City Manager to enter into an outside city limits water contract with Derek and Esmeralda Henderson to provide public water to their property located outside the city limits on Lot 15, Block 7, London Club Estates under Section 55-111, Code of Ordinances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. 8.b. MOTION NO. 2010-029 Motion authorizing the City Manager to enter into outside city limits water contracts with the property owners in London Club Estates to provide public water to their respective properties located outside the city limits without bringing each agreement to the City Council for approval under Section 55-113, Code of Ordinances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. ************* Mayor Adame referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0110-01, Anthony's Aveda Concept Salon: A change of zoning from the "AB" Professional Office District to the "B-1" Neighborhood Business District on the property described as Sunnyside Strip, Lot 13 and Lot 14A, generally located on the corner of Jacquelyn Drive and Everhart Road, approximately 400 feet northwest of the intersection of Everhart Road and Staples Street. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the 2009 aerial photo; zoning map; the existing land use map; site map; zoning district information; views of the subject property; future land use map; and departmental comments. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 028479 Amending the Zoning Ordinance, upon application by Anthony's Aveda Concept Salon, by changing the Zoning Map in reference to 0.33 acres out of Sunnyside Strip, Lots 13 and 14A, from "AB" Professional Office District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. Minutes — Regular Council Meeting February 9, 2010 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. Mayor Adame referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0110-02, Ed Hicks Imports, Ltd.: A change of zoning from the "R -1B" One -family Dwelling District to the "B-4" General Business District on the property described as a 2.243 Acre Tract of Land out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, generally located southeast of Ayers Street, approximately 1,000 feet northwest of Kostoryz Road, south of McArdle Road. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the 2009 aerial photo; zoning map; existing land use map; zoning information; views of the subject property; and future land use map. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "B-4" General Business District. Council Member Leal asked questions regarding the type of fencing required between the property and South Park Middle School and the depth of the retention pond. Ms. Goode -Macon stated that zoning ordinance requires a six (6) foot screening fence. Murph Hudson, Urban Engineering, explained that Ed Hicks and Corpus Christi Independent School District have worked out a contract and design for drainage. Mr. Hudson added that the retention pond is approximately 3 '/2 feet at its deepest point and is positively drained. No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 028480 Amending the Zoning Ordinance, upon application by Ed Hicks Imports, Ltd., by changing the Zoning Map in reference to 2.243 acres out of Lexington Place, Block G, Lot 3, Block H, Lots 3 and 4, Block I, Lots 3 and 4, and Block J, Lots 3 and 4, 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; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. Mayor Adame referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0110-03, Yorktown Oso Joint Ventures: A change of zoning from "R-1 B" One - family Dwelling District to the "R -1C" One -family Dwelling District on the property described as a 3.019 acre tract of land being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a portion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and Encinal Farm and Garden Tract Section 25, Lot 20, generally located east of Rodd Field Road, west of Peterson Drive, and approximately 850 feet southwest of Yorktown Boulevard. Minutes — Regular Council Meeting February 9, 2010 — Page 6 Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the 2009 aerial photo; zoning map; existing land use map; and future land use map. Ms. Goode -Macon stated that the Planning Commission and staff recommended approval of the "R -1C" One -family Dwelling District. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 028481 Amending the Zoning Ordinance, upon application by Yorktown Oso Joint Ventures, by changing the Zoning Map in reference to 3.019 acres tract of land being all of Rancho Vista Subdivision Unit 4, Block 3, Lots 16 and 17, Block 2, Lots 15, 16, 17, 18, 19, 20, and a portion of Lot 21, and a portion of Fred's Folly Drive, and a portion of Flour Bluff and Encina) Farm and Garden Tract Section 25, Lot 20, from "R-1 B" One -family Dwelling District to "R - 1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty, and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 12 regarding an amendment to the service agreement with Dolphin Sales and Service, Inc. Assistant City Manager Oscar Martinez introduced the presentation team including Assistant Director of Solid Waste Operations Lawrence Mikolajczyk; Superintendent of Administration of Solid Waste Operations Paul Bass; and Assistant City Attorney Elizabeth Hundley who were available to respond to questions. Mr. Martinez referred to a powerpoint presentation regarding the proposed program changes; program change benefits; staffing of the Solid Waste Department; summary of the contract; the expected program savings; and the recycling incentive program. Mr. Mikolajczyk showed the Council pictures of the new recycling plant; an example of a single stream system; and presorting stations. Council Member Kieschnick asked whether the City had gone out for an RFP for this process or looked at other options. Mr. Martinez stated that the City is bonded to the contract with Dolphin until December 2010. Mr. Kieschnick expressed concern that other options have not been considered for the recycling program. Mr. Martinez explained that staff continues to review steps and initiatives for privatization. Mr. Kieschnick stated that he did not support voting on this issue today. Council Member Martinez asked questions regarding the options on the current contract with Dolphin Recycling. Mr. Martinez explained that the City has the option to amend the contract to allow for the enhanced recycling to occur in August; continue with the current recycling services as it exists through December 2010 and then have the option to go out for bids; or change the entire structure of the recycling program. In response to Council Member Martinez, Mr. Mikolajczyk stated that the City would initiate the new contract for bid after June. Mr. Martinez stated that if the decision is to wait until the contract expires in December, it would allow the City to review its financial positions; give more opportunity to continue the educational campaign; and allows for an opportunity to reassess the entire recycling program for privatization. Minutes — Regular Council Meeting February 9, 2010 — Page 7 In response to Council Member Adler, Mr. Martinez stated that the current contract allows for five (5) year renewals. Ms. Adler also spoke regarding the minimum rebate for tipping fees. Ms. Adler said she was not ready to vote on this item today. Council Member Leal stated that she would like the utility bills to include a survey for citizens to provide feedback on recycling. Ms. Leal asked questions regarding the cost of the bins. Mr. Mikolajczyk reported that the new containers would cost $55.00. Mr. Martinez added that the City would recover the costs of the bins through the rates set by solid waste. Ms. Leal stated that she did not support once a week trash pickup. Council Member Elizondo spoke regarding the financial shortfall of the City and the terms of the contract. Mr. Elizondo stated that he was not prepared to vote on this issue today; however, he continues to support the recycling program. Council Member Chesney stated that the Council continues to support the continuation of recycling. Mr. Chesney added that the concern of the Council is that Dolphin would be making an investment of $4 million and the City would be committed to a 15 -year contract without reviewing all of the possible options for recycling. A brief discussion ensued regarding delaying the enhanced recycling program from August until after the term of the current contract expires in December2010. Mayor Adame stated that when the Council made the decision to enhance the recycle program in August, the Council did not realize that the process wouldn't be through a competitive RFP process. MayorAdame said he would like to have the full Council present to discuss this issue. Mr. Kieschnick made a motion to table Item 12 until February 16, 2010. The motion was seconded Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were absent. 12. TABLED UNTIL FEBRUARY 16, 2010 service agreement with Dolphin Sales and Service, Inc., doing business as Dolphin ************* MayorAdame referred to Item 13 regarding the proposed amendments to the adopted Urban Transportation Plan and the adopted Future Land Use Plan. Senior Planner Bob Payne referred to a powerpoint presentation including the planning process; a map of the transportation plan; the three arterials discussed and a summary of the amendments. The summary of amendments included: Ennis Joslin from SPID to Holly Road; Ennis Joslin south of Holly Road; Holly Road east of Rodd Field; Wooldridge Road east of Rodd Field; Airline Road from SPID to Wooldridge Road; Staples Street south of Saratoga Boulevard to Oso Creek; Navigation Boulevard between IH 37 and Old Brownsville Road; Compton Road extension west of Flour Bluff Drive; Airline/Rodd Field Road Intersection; Williams Drive extension; collection street system South of Oso Creek; Weber Road south of Saratoga Boulevard to Oso Creek; intersection widening; planned capacity of arterial street; Nile Drive; South Loop Corridor; deletion of Tule Lift Bridge; Mustang Island Beach Access Collector; high speed water taxi; light rail concept; complete streets program; policy statements on street capacity on designated arterial or collector street and street widening for bike improvements; and future land use plans for the southeast corner of Rodd Field and SPID and County Road 52. Minutes — Regular Council Meeting February 9, 2010 — Page 8 The following topics pertaining to this item were discussed: the traffic capacity at Staples and Timbergate; the definition of collector streets; whether the City worked in conjunction with the Metropolitan Planning Organization (MPO); limiting cul-de-sacs in subdivisions; how modifying the Williams Drive Extension would affect traffic between Airline and Staples Street; plans for improving Pharaoh Drive; the plans for the extension of County Road 52 and estimated timeframe; and improving traffic congestion on SPID between Everhart and Weber at the Best Buy shopping center. Mayor Adame referred to Item 14 regarding a status report on the City's Master Plan updates and the adoption of the Unified Development Code (UDC). Assistant City Manager Johnny Perales referred to a powerpoint presentation including a background of the UDC; the adoption of the remaining UDC sections; other code amendments for 2010; a background of the City master plan; and the status of the transportation, storm water, wastewater, ADA, and water master plans. The following topics pertaining to this topic were discussed: park dedication fees; whether the City has had dialogue with the two projects affected by the park dedication/community enrichment assessments; when the platting ordinance amendments to modify developer trust funds will be presented to the Planning Commission; if master plans are an ongoing project; the plan for ground storage for the Mary Rhodes Pipeline, Phase II project; accessibility of information pertaining to the geographic location of disabled individuals; and South of Oso Creek. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. June Martinez, 4014 Herndon, provided the Council with four (4) revenue generating and cost saving ideas. Adan Delgado, 3123 Lanier Drive, spoke regarding drainage issues in the Tarlton Street and Whiting Drive neighborhood. Phil Rosenstein, 949 Bobalo, thanked the Council and the Senior Community Services Department for assisting the senior citizens in the community. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:57 p.m. on February 9, 2010. ************* I 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 February 9, 2010, which were approved by the City Council on February 16, 2010. WITNESSETH MY HAND AND SEAL, on this the 16th day of February, 2010. Armando Chapa City Secretary SEAL