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.
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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
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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.
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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.
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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
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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.
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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