HomeMy WebLinkAboutMinutes City Council - 08/24/2010MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 24, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Brent Chesney
Council Members:
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
City Attorney Carlos Valdez
City Secretary Armando Chapa
MayorAdame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Kenneth Mutchlerwith Immanuel Fellowship and the
Pledge of Allegiance to the United States flag was led by Council Member Martinez.
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.
MayorAdame called for approval of the minutes of the regular Council meeting of August 17,
2010. A motion was made and passed to approve the minutes as presented.
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Mayor Adame called for consideration of the consent agenda (Items 2 - 7). There were no
comments from the public. Council members requested that Items 2, 4, 6, and 7 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
3. RESOLUTION NO. 028729
Resolution authorizing the Director of the Corpus Christi-Nueces County Public Health
District to execute Interlocal Cooperation Agreements with local independent school districts
for the implementation of tactical plans for responding to an act of bioterrorism.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5. MOTION NO. 2010-194
Motion approving a change in the scope of work for Amistad Community Health Center's FY
2008 Community Development Block Grant project located at 1533 S. Brownlee, and
authorizing the City Manager or his designee to execute all related documents.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
INDEXED
Minutes — Regular Council Meeting
August 24, 2010 — Page 2
Mayor Adame opened discussion on Item 2 regarding the purchase of equipped radios and
accessories. In response to Council Member Leal, Police Chief Troy Riggs explained that the
purchase of this equipment allows the City of Port Aransas to be on the same communication
system with other emergency responders from South Texas and other jurisdictions. City Secretary
Chapa polled the Council for their votes as follows:
2.a. MOTION NO. 2010-191
Motion approving the purchase of 700/800 MHZ and VHF Project 25 equipped radios and
accessories to augment the current Command Van system to provide interoperable
communications from Dailey & Wells Communications, of San Antonio, Texas based on sole
source for a total expenditure of $75,530.13. Funds are available through the Public Safety
Interoperable Communications Grant.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
2.b. MOTION NO. 2010-192
Motion approving the purchase of 800 MHZ radios and accessories for the City of Port
Aransas to bring all their Public Safety personnel onto the 800 MHZ radio system and
provide interoperable communications, from Dailey & Wells Communications, of San
Antonio, Texas based on sole source for a total expenditure of $360,291.92. Funds are
available through the Public Safety Interoperable Communications Grant which includes a
20% cash match from the City of Port Aransas.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
2.c. MOTION NO. 2010-193
Motion approving the purchase of EDACS to Project 25 software and installation to provide
interoperable communications from Dailey & Wells Communications, of San Antonio, Texas
based on sole source for a total expenditure of $128,317. Funds are available through the
2009 Edward Byrne Justice Assistance Grant Program Local Solicitation.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 4 regarding a grant to provide tuberculosis
prevention and control services. Council Member Leal commended the Health Department for their
work to inoculate the children returning to school. City Secretary Chapa polled the Council for their
votes as follows:
4.a. RESOLUTION NO. 028730
Resolution authorizing the City Manager or his designee to accept a grant of $76,658 from
the Texas Department of State Health Services to provide tuberculosis prevention and
control services and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes — Regular Council Meeting
August 24, 2010 — Page 3
4.b. ORDINANCE NO. 028731
Ordinance appropriating a grant of $76,658 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control
services.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez,
and Scott, voting "Aye".
Mayor Adame opened discussion on Item 6 regarding a grant application to the U.S
Department of Commerce, Economic Development Administration for the Chaparral Street
Redevelopment Project (Phase 1). In response to Council Member Scott, Interim Director of
Economic Development Emily Martinez explained that the local cash match required as part of the
grant comes from the Bond 2008 package. Council Member Scott spoke regarding a newsletter
from the Metropolitan Planning Organization (MPO) addressing federal funding available for the
downtown area and directed staff to send a memo providing Council with a briefing on this topic. Mr.
Scott also asked whether there have been conversations with property owners regarding leveraging
improvements to their properties to support the improvements made by the City. John Vidaurri,
Downtown Management District(DMD), spoke regarding discussions with downtown property
owners to assist efforts for improving downtown in conjunction with other projects. Council Member
Martinez spoke regarding the City's revitalization efforts and the rate of return on investment.
Council Member Leal asked questions regarding anticipated improvements for this project. Director
of Engineering Services Pete Anaya reported that staff anticipates presented this project to Council
within the next 60 days. In response to Council Member Marez, Director of Intergovernmental
Relations Rudy Garza spoke regarding support from elected officials to request additional federal
funding for this project. City Secretary Chapa polled the Council for their votes as follows:
6. RESOLUTION NO. 028732
Resolution authorizing the City Manager or his designee to submit a grant application to the
U. S. Department of Commerce, Economic Development Administration in the amount of
$3,688,180.94 for the Chaparral Street Redevelopment Project (Phase I) to convert
Chaparral Street (now One -Way) from Schatzel Street to William Street into a Two -Way
Vehicle/Pedestrian-Friendly Corridor, with a City Match of $922,045.24 in the Fund No.
3546, Street 2009 GO CIP Fund (Bond Issue 2008), and a total project cost of
$4,610,226.18.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 7 regarding a Special Election to be held on
November 2, 2010 to provide for consideration of amendments to the City Charter. Council Member
Scott expressed concerns with moving the Council elections to November including the increased
costs for candidates to campaign and elections becoming partisan elections. Council MemberAdler
stated that she shares the same concerns as Council Member Scott and did not see the advantages
to changing the date of the election. Council Member Marez stated that placing the issue of
changing the election date to November allows the voters the opportunity to make the decision.
Council Member Leal supported allowing the public to decide the election date.
Minutes — Regular Council Meeting
August 24, 2010 — Page 4
Mayor Adame called for comments from the public. John Bell, 13750 Primavera, provided
statistics on straight ticket voting during the last November election and the number of voters that
did not vote on the local races. Mr. Bell also spoke regarding the increased expenses for running for
Council and partisanship in City elections if the election is moved to November. Mr. Bell encouraged
the Council to save $160,000 by not having an election in November and waiting to place the charter
amendments on the election in May. Eloy Salazar, 8206 Campolocino, spoke in support of changing
the Council elections to November and allowing the voters to make the decision.
Mr. Scott made a motion to eliminate Proposition 6 regarding changing the election date to
November from the list of charter amendments. City Attorney Valdez stated that this motion was
considered at the last meeting and that a motion to reconsider would have to be made by someone
from the prevailing side. City Secretary Chapa explained that the City Council has a policy regarding
reconsideration and clarified that any actions taken by the Council can be reconsidered by a person
on the prevailing side. A brief discussion ensued regarding Council Policy 16(n).
City Secretary Chapa called polled the Council for their votes as follows:
7. ORDINANCE NO. 028733
Ordering a Special Election to be held on November 2, 2010, in the City of Corpus Christi to
provide for consideration of amendments to the Charter of the City of Corpus Christi;
providing for procedures for holding such election; providing for notice of election and
publication thereof; providing for establishment of branch early voting polling places;
designating polling place locations; authorizing a joint election with Nueces County; and
enacting provisions incident and relating to the subject and purpose of this ordinance. (First
Reading — 8/17/10)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye";
Scott voting "No".
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Mayor Adame announced that he was postponing Item 12 regarding consideration of the tax
rate until August 31, 2010.
12.a. POSTPONED UNTIL AUGUST 31, 2010
on August 31, 2010 to establish the effective tax rate of $0.591301 per $100 valuation with a
- e.
$0.208847 per $100 valuation.
12.b. POSTPONED UNTIL AUGUST 31, 2010
Ordinance setting a property tax rate of $0.582269 per $100 valuation; prescribing -tire
Minutes — Regular Council Meeting
August 24, 2010 -- Page 5
12.c. POSTPONED UNTIL AUGUST 31, 2010
Fund No. 2010 Debt Service Fund by $1,168,1168.
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MayorAdame announced the executive session, which was listed on the agenda as follows:
8. Executive Session under Texas Government Code Section 551.071 Consultation with
Attorney, regarding Time Warner Cable franchise provisions regarding public education and
government access channels, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame advised the public that the executive session was informational only and no action
was taken or will be taken in open session.
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MayorAdame referred to Item 9, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0610-02, David B. Allred: The applicant is requesting a change of zoning from the
"B-2ANI0/SP" Barrier Island Business District/Island Overlay/Special Permit to the "B-4"
General Business District resulting in a change of land use from Tourist Business with
overlay and design conditions to commercial use. The property to be rezoned is Padre
Island No. 1, Block 2, being the south half of Lot 8A, Lot 9A and 10A, located on the west
side of South Padre Island Drive (SPID) or Park Road No. 22, at the address 14237 SPID or
Park Road No. 22.
Bob Payne, Senior Planner, provided an overview of the current zoning; the requested
zoning change; and the six conditions. Mr. Payne stated that the Planning Commission and staff
recommended the denial of the "B-4" General Business District and in lieu thereof, approval of a
modified "B-2A/10/SP" Barrier Island Business District/Island Overlay with a Special Permit. The
special permit would allow for the operation of a boat repair facility, subject to a Site Plan and six (6)
conditions.
MayorAdame called for comments from the audience. Darlene Gregory, 3237 Bimini, spoke
on behalf of the applicant and stated that Mr. Allred has been doing business for 25 years and met
al] the special conditions. Abel Alonzo, 1701 Thames, spoke regarding the zoning application
process.
Mr. Chesney made a motion to close the public hearing, seconded by Mr. Elizondo, and
passed. Mr. Chapa polled the Council for their votes as follows:
9. ORDINANCE NO. 028734
Amending the Zoning Ordinance, upon application by David B. Allred, by changing the
Zoning Map in reference to Padre Island No. 1, Block 2, being the south half of Lot 8A, Lot
9A and 10A, from "B-2A110/SP" Barrier Island Business Districtllsland Overlay/Special
Minutes -- Regular Council Meeting
August 24, 2010 — Page 6
Permit to Modified "B-2A110/SP" Barrier Island Business District/Island Overlay with a
Special Permit to allow for the operation of a boat repair facility, subject to a Site Plan and
six (6) conditions; 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, Marez, Martinez, and
Scott, voting "Aye".
Mayor Adame referred to Item 10, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
10. Case No. 0710-01 Proportional Prosperity, LLC: The applicant is requesting a change of
zoning from `B-4 General Business District to the "1-2" Light Industrial District resulting in a
change of land use from general business to light industrial use. The property to be rezoned
is 2.12 acres of Las Colonias, Unit 4, Block 1, Lots 25, 26, and 27, located at 1302 Saratoga
on the northeast corner of Saratoga Boulevard and Calle Las Colonias Drive.
In response to Council Member Kieschnick, Senior Planner Bob Payne stated that the
property was previously zoned with the screening condition and the City is applying the same
conditions to the new property owner.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Mr. Kieschnick , and passed. Mr. Chapa polled the Council for their
votes as follows:
10. ORDINANCE NO. 028735
Amending the Zoning Ordinance, upon application by Proportional Prosperity, LLC, by
changing the Zoning Map in reference to 2.12 acres of Las Colonias, Unit 4, Block 1, Lots
25, 26 and 27, from "B-4" General Business District to "B-4/SP" General Business District
with a Special Permit to allow the use of a warehouse with outdoor storage, subject to a Site
Plan and five (5) conditions; 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, Marez, Martinez, and
Scott, voting "Aye".
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. 0710-02, Chris Mandell, applicant for Horton Automatics, a division of Overhead
Door: The applicant is requesting a change of zoning from the "1-2" Light Industrial District to
the "1-3" Heavy Industrial District resulting in a change of land use from a light industrial use
to a heavy industrial use. The property to be rezoned is approximately 2,612 square feet out
of the Corpus Christi Industrial District Section 2, Block 9, Lot X-3, approximately 400 feet
north of the intersection of Airport Road and Baldwin Boulevard, located at 4242 Baldwin
Boulevard.
Minutes — Regular Council Meeting
August 24, 2010 — Page 7
No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the
public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their
votes as follows:
11. ORDINANCE NO. 028736
Amending the Zoning Ordinance, upon application by Chris Mandell, applicant for Horton
Automatics, a division of Overhead Door, by changing the Zoning Map in reference to
approximately 2,612 square feet out of Corpus Christi Industrial District Section 2, Block 9,
Lot X-3, from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special
Permit to allow installation and operation of one (1), 2,400 gallon, UL2085, above ground
fuel storage tank, subject to a Site Plan and four (4) conditions; 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, Marez, Martinez, and
Scott, voting "Aye".
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Mayor Adame opened discussion on Item 13 regarding Development Services fees.
Assistant City Manager of Development Services Johnny Perales explained that during the budget
discussions, action regarding the new development services fee schedule was tabled to allow staff
additional time to discuss the proposed fees with the development community. Mr. Perales added
that staff has concluded those discussions and the development community is supportive of the
proposed fees.
The following topics pertaining to this item were discussed: how the changes made to the fee
schedule will affect the budget; the status of the developer trust funds; enforcement of ordinances
for impervious areas; and whether there are any permits delaying the construction of the impound
lot.
Council Member Martinez requested a presentation on the status of the trust funds.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
13. FIRST READING ORDINANCE
Amending Chapter 14 "Development Services," Article XIII, "Development Services Fees",
Division 1, "Technical Construction Code Fees", Section 14-1302, "Standardized Building
Valuation"; Section 14-1304, "Processing And Plan Review Fee"; Section 14-1306, "Special
Fees"; Section 14-1307, "Reduced Fees"; Section 14-1312, "Accounting"; and Section 14-
1313, "Technical Construction Code Fee Schedules", of the Code of Ordinances, City of
Corpus Christi, to provide for minimum permit fees, simplified methods to calculate Budding
Permit Fees and Plan Review Fees; to provide for expedited Plan Review by Internal Staff;
to provide for customized Plan Review; to provide discounts of Fees to Permit Holders
meeting certain requirements; to provide for Special Inspections on non-standard days and
hours; to provide for Certificates of Completion to Shell Buildings; to provide for Fees for
Construction Site Offices, Fees for both standard and duplicate Certificates of Occupancy,
Fees for Temporary Events, Penalty Fees, Inspections Outside of the City Limits, Electrical
Minutes — Regular Council Meeting
August 24, 2010 — Page 8
Permit Fees, Plumbing Permit Fees, Mechanical Permit Fees, Fuel Gas Permit Fees,
Swimming Pool Fees; and providing for Fees for existing applications made prior to the
effective date; providing a repealer clause; and providing an effective date of October 1,
2010.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye";
Scott was absent.
Mayor Adame opened discussion on Item 14 regarding the sanitary sewer overflow initiative
program. Director of Engineer Services Pete Anaya introduced Director of Wastewater Services
Foster Crowell; Jim Forbes with Pipeline Analysis; and Donnie Rehmet with Coym, Rehmet, and
Gutierrez, who were available to respond to questions. Mr. Anaya referred to a powerpoint
presentation including the background; project scope; project limits; project schedule; and costs.
The following topics pertaining to this item were discussed: notification from the Texas
Commission on Environmental Quality (TCEQ) to include the Greenwood and Broadway basins in
the sanitary sewer overflow initiative; additional peak capacity at the new Broadway plant; overflow
issues at the Oso Water Reclamation basin; the anticipated growth for expansion of Texas A & M
University—Corpus Christi and the effect it will have on the overflows; the evaluation period to be in
compliance; and how this program will relate to the Ropes Park/Cole Park overflow/drainage issues.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
14. MOTION NO. 2010-195
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $96,101 for
professional services to prepare a Sanitary Sewer Overflow Initiative (5501) Plan and Final
Capacity, Management, Operations and Maintenance (CMOM), Self -Audit Report.
The following motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent.
Mayor Adame opened discussion on Item 15 regarding the Public Safety Warehouse for the
Police Department project. Director of Engineering Services Pete Anaya referred to a powerpoint
presentation including the property description and features; a location map; photos of the subject
property; and the proposed project expenditures.
The following topic pertaining to this item was discussed: the status of the Calla Los
Colonias drainage project.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
15. MOTION NO. 2010-196
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with Proportional Prosperity LLC, in the amount of $590,000, plus additional
expenditures not to exceed $3,000 for related closing costs, all for the purchase of a
warehouse property to be used by the Corpus Christi Police Department, which is located at
Minutes — Regular Council Meeting
August 24, 2010 — Page 9
1302 Saratoga Boulevard in connection with the Public Safety Warehouse for Police and
Fire Departments, Project No. 5244 (Bond Issue 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 16 regarding the Oso Water Reclamation Plant
Nutrient Removal Project (Ammonia). Director of Engineering Services Pete Anaya referred to a
powerpoint presentation including a background; the project team selection; project scope for
Phases 1 and 2; project limits; advantages and disadvantages; the project schedule for Phase 1;
and the costs. Dan Leyendecker with LNV Engineering and Director of Wastewater Foster Crowell
were available to respond to questions.
The following topics pertaining to this item were discussed: the current percentage of
ammonia discharge; how the possible 24-hour staffing requirement would affect the budget;
exposure of additional chemicals to existing equipment; the cost to the ratepayer; the short term
solution to the EPA/TCEQ mandate; the annual cost for the chlorination process; the cost of
transferring waste to Greenwood and building the new facility; when the City will be informed of the
30 -month approval from the EPA; and the timeline for the preliminary design and the design
schedule.
Mayor Adame recommended that staff meet with Dr. David McKee with Texas A & M
University — Corpus Christi, who has been monitoring Oso Bay, to discuss his opinion on the
discharge to Oso Bay and the effect of the ammonia levels.
Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke
regarding the unfunded mandates from EPA and TCEQ.
City Secretary Chapa polled the Council for their votes as follows:
16. MOTION NO. 2010-197
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with LNV Engineering of Corpus Christi, Texas in the amount of $550,059, for
preliminary design phase, design phase, bid phase, and construction phase services for Oso
Water Reclamation Plant Nutrient Removal Project (Ammonia).
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
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Mayor Adame called for petitions from the audience. Abel Alonzo, 1701 Thames, expressed
concern with vehicles parked on sidewalks and stated that there needs to be more enforcement
from Development Services and Code Enforcement. Carrie Robertson, 4401 Gulfbreeze Boulevard,
spoke regarding the need for more enforcement of banning the homeless and transients from
sleeping on the beach. Council Member Marez asked City Manager Escobar to have Police Chief
Riggs develop a plan to resolve this issue.
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Minutes — Regular Council Meeting
August 24, 2010 — Page 10
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 2:34 p.m. on August 24, 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 August 24, 2010, which were approved by the City
Council on September 14, 2010.
WITNESSETH MY HAND AND SEAL, on this the 14th day of September, 2010.
Armando Chapa
City Secretary
SEAL