HomeMy WebLinkAboutMinutes City Council - 05/17/1988PRESENT
Mayor Betty Turner
Mayor Pro Tem Bill Pruet
Hall.
Council Members:
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Mary Rhodes
Frank Schwing
Mary Pat Slavik
Linda Strong *
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 17, 1988
2:00 p.m.
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Turner called the meeting to order in the Council Chamber of City
The invocation was given by Evan Henderson, a Missionary, following which
the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro
Tem Pruet.
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.
A motion was made by Mayor Pro Tem Pruet that the Minutes of the Workshop
and Regular Council Meetings of May 10, 1988 be approved as presented; seconded
by Council Member Rhodes and passed unanimously by those present and voting.
Mayor Turner acknowledged Mr. Joe Morales, Co -Chairman of the Vera Cruz
Sister City Program, who introduced students who will be participating in the
Sister City Student Exchange to Vera Cruz, Mexico and Yokosuka, Japan. Mr.
Morales explained the program and how the students were selected.
Mayor Turner acknowledged Assistant City Manager Garza who introduced the
City's Public Works Officials and presented each official with a Proclamation
designating May 15-21, 1988 as "Public Works Week."
Mayor Turner acknowledged Chris Davis of the Corpus Christi Area Convention
and Visitors Bureau who gave a brief report on the Ultimate Yacht Race and
presented post cards to the Council. Mayor Turner presented Mr. Davis with a
Proclamation designating May 15-21, 1988 as "Corpus Christi Tourism Week."
MICROFILMED
Minutes
Regular Council Meeting
May 17, 1988
Page 2
* * * * * * * * * * * * * *
Mayor Turner administered the Oaths of Office to the following Board and
Committee appointees: Julius M. Rosenberg and Henry M. Sapp — Board of
Adjustment; and Ted Cheng Chang, Sister City Committee.
Mayor Turner referred to the Board and Committee Appointments and the
following appointments were made:
* Council Member Strong arrived
at 2:35 p.m.
Coastal Bend Health Fac. Devel. Corp.
Jack Solka (Reappointed)
David Bonilla
Nancy Bowen
Charles Thompson
Jack Cooper
„
Human Relations Commission
Welder Brown (Reappointed)
Grandis Lenken
Housing Authority
Rev. Ernest Bennett (Reappointed)
Dr. Arturo Gutierrez
Mechanical Advisory Committee
Charles McCaleb
Russell Brashars
Roberto Olivo
Mayor Turner called for consideration of the Resolution pertaining to the
Kennedy Causeway.
A motion was made by Council Member Rhodes to amend the Resolution
categories for the Flour Bluff/Padre Island Business Association and the
Planning Foundation to be changed to Flour Bluff Associations and Padre
Associations. The motion was seconded by Council Member Guerrero and
unanimously.
on the
Island
Island
passed
City Secretary Chapa polled the Council for their votes and the following
Resolution, as amended, was passed:
RESOLUTION NO. 20310
ESTABLISHING A KENNEDY CAUSEWAY ADVISORY COMMITTEE COMPRISED OF 19 MEMBERS
TO DEVELOP RECOMMENDATIONS FOR IMPLEMENTATION OF THE POLICY STATEMENTS
ARISING FROM THE JOHN F. KENNEDY MEMORIAL CAUSEWAY RECREATION AREA MASTER
PLAN; AND REPEALING RESOLUTION NO. 20277.
The foregoing Resolution was passed, as amended, by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
Minutes
Regular Council Meeting
May 17, 1988
Page 3
Kennedy Causeway Advisory Committee
Joe Garcia - Planning Commission
Dennis Trevino - Park and Recreation Advisory Committee
Cora Chisolm - Flour Bluff/Associations
John Parmer - Island Associations
Michael Hightower - Regulatory Interest
Charles Blum - General Business Interest
John Saenz - " It
Charles Rawalt - Causeway Business Interest
Leon Loeb - Developer
Henry Berryhill - Environmental Interest
George Clower - Senator Truants Nominee
Marie Spear - Community at Large
Ruth Gill - " " "
Lupe Longoria " II
A representative from the Water Shore Advisory Committee will be selected
after final appointments to that committee are made.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions 1 thru 4, and a
Council Member requested that Motion No. 1 be withheld for discussion.
There were no comments from the audience on the motions.
A motion was made by Council Member Guerrero to approve Motions 2 thru 4;
seconded by Council Member Strong and passed unanimously.
In reference to Motion No. 1 pertaining to approving supply agreements for
flexible base caliche and hot mix asphalt, Council Member Slavik inquired about
the new bidders mentioned in the support material and also inquired who the City
awarded the contract to last year, and City Manager Garza replied he did not
have that information handy but would provide it to Council Member Slavik.
A motion was made by Council member Guerrero to approve Motion No. 1;
seconded by Council Member Rhodes and passed unanimously.
1. M88-0109
Approving supply agreements for flexible base caliche and hot mix asphalt
with four companies for a total of $495,621. The term of these agreements
will be twelve months with option to extend for an additional twelve months
subject to the approval of the suppliers and the City Manager or his
designee. These materials will be used by the Street Department.
2. M88-0110
Approving plans and specifications and authorizing receipt of bids on June
14, 1988, for the West Allison Trunk Sanitary Sewer No. 2 project, which
includes the installation of 12,600 linear feet of sanitary sewer force
main and construction of a lift station.
Minutes
Regular Council Meeting
May 17, 1988
Page 4
3. M88-0111
Authorizing acquisition of Parcel 8, located
Missouri Pacific Railroad tracks, at a cost
Road Street Improvements project.
4. M88-0112
Authorizing the City Manager to
Urban Development the Fiscal Year
Program application in the amount
documents for its implementation.
on Up River Road west of the
of $18,800 for the Up River
submit to the Department of Housing and
1988-89 Rental Rehabilitation
of $230,000 and to execute required
* * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Ordinances, Resolutions
and Ordinances from previous meetings on Items 5 thru 17, and Council Members
requested that Items 7 and 9 be withheld for discussion.
There were no comments from the audience on the items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
5. RESOLUTION NO. 20311
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 5 IN CONNECTION WITH THE I.H. 37/U.S. 77 INTERCHANGE UTILITY
ADJUSTMENTS; AND APPROPRIATING $12,100.
The foregoing Resolution was passed by the following vote: Turner, Pruet,
Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye."
6. RESOLUTION NO. 20312
AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL CONTRACTUAL AGREEMENT WITH THE
STATE OF TEXAS, ACTING BY AND THROUGH THE STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION, RELATIVE TO THE RIGHT-OF-WAY ACQUISITION FOR THE
CROSSTOWN EXPRESSWAY EXTENSION; AND APPROPRIATING $434,500.
The foregoing Resolution was passed by the following vote: Turner, Pruet,
Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong voting, "Aye."
Minutes
Regular Council Meeting
May 17, 1988
Page 5
8. FIRST READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, BY AMENDING ARTICLE
III, ELECTRICAL, SECTIONS 13-93 and 13-96, TO PROVIDE FOR THE REPAIR AND
REPLACEMENT OF COMPONENTS WITHIN ASSEMBLIES WITHOUT PERMITS; REQUIRE AND
IDENTIFY LOCATION OF A DISCONNECTING MEANS; AND THE IDENTIFICATION OF
ELECTRICALLY CHARGED FENCING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
10. SECOND READING
AMENDING THE PLUMBING CODE, ADOPTED BY ORDINANCE NO. 19258, BY AMENDING
PARAGRAPH 104(d) TO PROVIDE FOR THE PLACEMENT OF A 4" WYE TYPE CLEAN OUT AT
THE JUNCTION OF THE BUILDING SEWER TO THE SANITARY SEWER MAIN AND DELETING
THE 15' RULE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
11. SECOND READING
CHANGING THE NAME OF THE PORTION OF MINNESOTA STREET EXTENDING FROM OCEAN
DRIVE TO CORPUS CHRISTI BAY, IN PORT ARANSAS CLIFFS SUBDIVISION, TO
AIRHEART POINT.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
12. SECOND READING
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, DIVISION 16, AIRPORT
ADVISORY COMMITTEE, SECTION 2-175, BY INCREASING THE NUMBER OF MEMBERS FROM
SEVEN TO TEN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing
Turner, Pruet,
voting, "Aye."
Ordinance passed on second reading by the following vote:
Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
13. SECOND READING
AMENDING THE CITY CODE, CHAPTER 9, AVIATION, SECTION 9-35.1, PARKING RATES,
BY INCREASING THE PARKING RATES BY 10 CENTS; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
Minutes
Regular Council Meeting
May 17, 1988
Page 6
The foregoing Ordinance passed on second reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
14. ORDINANCE NO. 20314
AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE
CITY OF MATHIS; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
15. ORDINANCE NO. 20315
AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE
ALICE WATER AUTHORITY; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
16. ORDINANCE NO. 20316
AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE WATER CONTRACT WITH THE
BEEVILLE WATER SUPPLY DISTRICT; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
17. ORDINANCE NO. 20317
CONSENTING TO THE ASSIGNMENT OF THE CHARLIE'S SHRIMP BUCKET BAITSTAND LEASE
FROM DAVYDD MORRIS AND ASSOCIATES, THROUGH C. C. CHARTER CO., THROUGH
CHARLES M. CRAVEN, TO INTRACOASTAL CORPORATION.
The foregoing Ordinance passed on third reading by the following vote:
Turner, Pruet, Berlanga, Guerrero, Moss, Rhodes, Schwing, Slavik and Strong
voting, "Aye."
In answer to a question from Council Member Slavik on Item No. 7 pertaining
to the Water Shore Advisory Committee, City Secretary Chapa noted that this
Ordinance was put on as an emergency ordinance because it was determined that
the Board has been pending for some time and needed to be fully implemented. He
noted that today would be the forum for public comment, and that once the
ordinance has been approved, it will become effective.
Minutes
Regular Council Meeting
May 17, 1988
Page 7
A question was posed by a member of the audience, Mr. John Stensland, in
reference to Item No. 7 pertaining to the Water Shore Advisory Committee and
Mayor Turner informed Mr. Stensland that there would be a total of nine Board
members, noting that all current members of the Marina Board were appointed last
week, including advisory members. Advisory members to the Marina Board become
regular members of the Water Shore Advisory Committee.
Council Member Strong referred to Item Number No. 9 pertaining to amending
Chapter 13 of the Code of Ordinances, Division 2, Section 13-90 through 13-98,
Electrical Code and referred to the support material and inquired if once the
staff made their final development of this proposal, would that go back thru the
Advisory Committee for their comment, and Lorenzo Gonzalez, Building Official,
replied that it did not, noting that he consulted with the committee members and
they said to proceed because it would be delayed another month. He stated that
the Board voted on these changes, noting that they did pass.
Mr. Terry Whitmire presented a letter to the Council from Mr. Russell A.
Brashars, Codes and Licensing Chairman, Corpus Christi Air Conditioning/Plumbing
Contractors Association containing six recommendations, noting that they are
recommending that these changes be implemented before the third reading of the
ordinance, and Mayor Turner requested City Manager Garza to review Mr. Brashars'
letter and make a recommendation to the Council prior to the second reading of
the ordinance.
City Secretary Chapa polled the Council for their votes and the following
were passed:
7. ORDINANCE NO. 20313
AMENDING THE CITY CODE, CHAPTER 2, ADMINISTRATION, BY AMENDING SEC. 2-80;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing Ordinance passed by the
following vote: Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, and Slavik
voting, "Aye"; Guerrero and Strong absent at the time the vote was taken.
9. FIRST READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS: HOUSING AND HOUSING PREMISES STANDARDS, BY AMENDING ARTICLE
III, ELECTRICAL, SECTIONS 13-72, 13-73, 13-75, AND 13-77, TO PROVIDE FOR
TWO (2) ADDITIONAL CLASSIFICATIONS OF LICENSES, IDENTIFICATION OF METHOD OF
LICENSING, ESTABLISHING FEES FOR EXAMINATION OR LICENSE, AND INCREASING
ASSOCIATED COST OF REPLACEMENT/DUPLICATE LICENSE; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Pruet, Berlanga, Moss, Rhodes, Schwing, and Slavik voting, "Aye";
Guerrero and Strong absent at the time the vote was taken.
* * * * * * * * * * * * * * *
Minutes
Regular Council Meeting
May 17, 1988
Page 8
Mayor Turner called for consideration of Item No. 18 pertaining to the
contract with the Veterans' Band of Corpus Christi.
In reference to the buses, Council Member Moss emphasized that the City is
not responsible in anyway for maintenance of the buses or liability.
Council Member Slavik inquired about the number of buses, and City Manager
Garza noted that there will be two buses donated to the Veterans' Band; they
would maintain them; they have private contributions; and the City is under no
liability.
There were no comments from the audience.
City Secretary Chapa polled the Council for their votes and the following
Resolution was passed:
18. RESOLUTION NO. 20318
AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE VETERAN'S BAND OF CORPUS
CHRISTI FOR THE CONVEYANCE OF TWO BUSES AND, PRIOR TO SAID CONVEYANCE,
ACCEPTANCE BY THE CITY OF THE CONVEYANCE OF SAID BUSES FROM THE REGIONAL
TRANSIT AUTHORITY.
The foregoing Resolution passed by the following vote: Turner, Pruet,
Berlanga, Moss, Rhodes, Schwing and Slavik voting, "Aye"; Guerrero and
Strong absent at the time the vote was taken.
* * * * * * * * * * * * * * *
Mayor Turner opened the public hearing on the Appeal of John Rossi d.b.a.
Magnetic Sign No.
Lorenzo Gonzales, Building Official, presented some background information
to the Council on this matter. He stated that two sections of the code, one
dealing with the examination of drawings, and one dealing with the action on the
application very clearly stipulate that the City must take into consideration
all applicable ordinances. He stated that the proposed method of construction
which Mr. Rossi submitted for approval as a permanent foundation had previously
been reviewed and cleared as a temporary anchoring system. He noted that Mr.
Rossi's proposal was still the original temporary anchoring system used in
installing portable signs, and the documents are clearly identified as a design
for a temporary sign foundation. He noted that when a structure is intended to
be temporary it is intended to be mobile; this proposal temporarily secures the
structure; and the calculations verify that it is capable of withstanding the
loading associated with short term loading durations. He stated that it is
limited in that it cannot be used in a sandy soil area and is subject to
environmental changes. Mr. Gonzales noted that as the moisture content varies,
the structural loading capabilities of Mr. Rossi's anchoring system will vary
and make it much easier not to withstand the loading that it is intended to
withstand.
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Minutes
Regular Council Meeting
May 17, 1988
Page 9
City Manager Garza pointed out that it
Rossi's signs are portable and are moveable.
In answer to a question from the Mayor
made permanent, Mr. Gonzales stated that
permanent foundation were provided.
is the staff's position that Mr.
about whether the signs could be
only if a completed engineered
In answer to a question from Council Member Guerrero, Mr. Gonzales stated
that the Building Code Board of Appeals took the position that they did not want
to take into consideration all the other ordinances, and they allowed to
concentrate their efforts on reviewing the engineering calculations. He stated
that their position was not as broadbased as it should have been, noting that it
should have taken into account all the other applicable ordinances.
In answer to a question from Council Member Strong, Mr. Gonzales stated
that the Board must take into account all the other parameters that are
identified in the code. He stated that through the Building Code Board of
Appeals, the structure itself was addressed but there are other issues that
enter into play when a permit is applied for.
Council Member Strong expressed concern and stated that there is nothing in
the Building Code that says that a concrete foundation is a requirement for a
permanent structure and that meeting the wind code requirements would, in the
Board's mind, establish that it was a safe structure and indeed permanent. She
noted that there are two separate issues...whether a sign meets the building
code and whether the sign meets the zoning requirements. She stated that there
should be a compromise reached that can allow people a sign that is affordable.
Assistant City Manager Elizondo agreed that there are two issues; the first
issue is the foundation that is proposed which is temporary at best. He noted
that the system is temporary in nature and is not adequate in sandy soils. He
stated that the second issue is that the decision of the Building Board should
also incorporate other laws of the City. He noted that a decision which the
Board makes cannot render an ordinance which the Council authorized as
ineffective. Mr. Elizondo stated that the system that is proposed by Mr. Rossi
as a permanent foundation does not meet the test of permanence, and the
anchoring system that is proposed does not meet the requirements of the code as
far as for a permanent foundation. He stated that staff does not believe the
proposed foundation meets the definition of permanence.
After more discussion on this item by Council Members, Mayor Pro
expressed the opinion that he could not see how you could bolt down a
sign and call it a permanent sign, and that he thought the staff had
good strong logic for their decision.
Tem Pruet
temporary
presented
Council Member Moss pointed out that these designs are adequate but they do
not allow for the wet soil conditions.
Council Member Guerrero expressed concern about the position which the
Building Code Board of Appeals took and their extensive lobbying efforts.
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Minutes
Regular Council Meeting
May 17, 1988
Page 10
City Attorney George read from the Code of Ordinances, Section 2-317, where
there is a provision which allows the City Council to invoke the ex parte rule
and noted that in the future, the Council may wish to do that on an appeal.
Council Member Schwing expressed the opinion that he did not think the
lobbying done by this Board was any different from the lobbying of other Boards
on other issues. He referred to a statement about the signs not meeting the
requirements after a rain or wind storm and inquired if the staff had any
engineering specifications to base those statements on, and Mr. Gonzalez noted
that staff has not done any test loading after a rain, but noted that when the
moisture content of the soil varies, then so does the cohesiveness and its
holding capacity. He noted that after a storm, the staff has discovered signs
where a pinning system has become loose.
Mr. Gonzales noted that most signs that the City permits,
engineer submit the appropriate drawings with it, and it
structural engineer's seal.
Council Member Strong noted that the Board has every right
Council when they feel strongly about an issue, and it is up to
make the decision of what the policy should be.
require that an
must have his
to come to the
the Council to
Council Member Berlanga commended the Staff for taking a stand on what they
believe in. He noted that the Board of Appeals is responsible to themselves and
the staff is responsible to the Council and the general public.
After more discussion, Mr. Gerald Benadum, an attorney representing Mr.
Rossi, stated that the Council appointed the Board, and their role has been to
look at the question of whether this meets certain structural requirements. He
noted that the Board has met twice and voted unanimously that this particular
type of foundation does satisfy the requirements for being a permanently affixed
structure. He noted that the only engineering studies have been data presented
from Mr. Rossi, noting that two engineering firms have looked at the data and
stated that it satisfies the requirements of the code. He stated that Mr. Rossi
has done everything to satisfy the staff and the Board in regard to whether or
not this is permanently affixed. He noted that the fact that it is not adequate
for sandy soil is no basis for denying the appropriateness of the foundations in
other areas.
Mr. Bendaum stated that in order for the City to have a valid and
enforecable ordinance they have to define adequately what it is they are
prohibiting. He pointed out that the staff has brought forth no evidence in
terms of whether it is permanently affixed.
Council Member Strong noted that this is an issue of what constitutes a
portable sign and what constitutes a permanent sign. She noted that the City
needs an ordinance that very clearly defines what it is going to take for a sign
that used to be called portable and make it a permanent sign.
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Minutes
Regular Council Meeting
May 17, 1988
Page 11
In answer to a question from Mrs. Strong, Mr. Gonzales stated that the code
already contains criteria for engineering a sign and converting it to a
permanent structure. He noted that portable signs have already been converted
into permanent signs, and he presented photographs to the Council.
Mr. Bruce Truax, Chairman of the Building Code Board of Appeals, described
the members of the Board and explained the basis of their decision. He also
noted that it was the Board's feeling that it was an adequate foundation.
Mr. John Rossi referred to the sign and noted that his engineer and the
Building Code Board of Appeals indicated that it did not need any concrete. He
noted that concrete is not really necessary in a permanent foundation and noted
he has spoken with a former City engineer who agrees with him. Mr. Rossi
briefly described his signs and stated that the signs which he has converted
from portable to permanent will only be located where any other permanent sign
would be located. Mr. Rossi urged the Council to uphold the Board's decision.
Mr. Gonzales noted that the foundation does not necessarily have to be
concrete. He stated that the Staff indicated that Mr. Rossi's proposal would
not have a long term duration of load from an engineering standpoint.
After more discussion, a motion was made by Mayor Pro Tem Pruet to close
the public hearing; seconded by Council Member Moss and passed unanimously.
Mayor Turner pointed out that Mr. Rossi's concerns are valid and she asked
what he can do to make his signs permanent, and Mr. Gonzales stated that Mr.
Rossi could have his engineer see about having a foundation designed that can be
designed to be permanent in nature. He noted that the City staff would meet
with his engineer.
Mayor Pro Tem Pruet noted that there is a lack of specificity in the
writing of the ordinance and the Code as to what is permanent and what is
temporary, and until the City has more exact and specific definitions in the
Ordinance, this problem will continue to happen. He noted that he will support
the staff in this matter.
Various Council Members expressed opinions that they would support the
Staff's decision and Council Member Strong and requested that the staff provide
the Council with some clarifying words for the Ordinance so that there is no
question about what the City is going to require to convert a sign to a
permanent structure.
A motion was made by Council Member Rhodes to uphold the staff's opinion
and overturn the Building Code Board of Appeals' decision and reject the
variance. The motion was seconded by Council Member Guerrero and passed
unanimously.
* * * * * * * * * * * * * *
Minutes
Regular Council Meeting
May 17, 1988
Page 12
Mayor Turner called for the City Manager's report, and
referred to a letter he has written to Mr. Wheeler B. Lipes
contract with regard to Emergency Medical Service. Mr. Garza
attend a meeting that evening at Memorial Medical Center and
matter.
Mayor Turner offered a brief explanation about the
Citizen's Affairs who will help coordinate the activities of
* * * * * * * * * * * * * * *
City Manager Garza
pertaining to the
noted that he will
will discuss this
Council on Senior
senior citizens.
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Philip Rosenstein, 949 Bobalo, referred to the April 19 Council Meeting
where Mayor Pro Tem Pruet expressed the opinion that the tax cap rate should be
removed. Mr. Rosenstein noted that he listened to the tape of the meeting and
quoted words which Mr. Pruet used which he alleged were threatening to the
Council. Mr. Rosenstein stated that the Council should develop a policy to
prevent a Council Member from intimidating the other Council Members.
Mr. Kevin Walker, Heart of Corpus Christi, gave a brief update on a firm
from Illinois who is anticipating a move to Corpus Christi.
Mayor Turner recessed the Council Meeting at 4:45 p.m. to convene the
following meetings: Corpus Christi Industrial Development Corporation; Corpus
Christi Housing Improvement Corporation; Corpus Christi Housing Finance
Corporation; and Corpus Christi Health Facilities Development Corporation.
Mayor Turner reconvened the Council meeting at 5:12 p.m. and went into
closed session under the authority of Article 6252-17, Section 2(e), V.A.C.S. on
pending or contemplated litigation - Utilities.
* * * * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 6:10 p.m. and
announced the public hearing on the 14th Year Community Development Block Grant
Program.
Assistant City Manager Ezequiel Elizondo informed the Council that the
primary objective of the Community Development Block Grants is to improve and
enhance the quality of life of the citizens of Corpus Christi with the primary
emphasis being placed on improving the lives of low and moderate income families
in designated areas throughout the city. Mr. Elizondo explained that the
appropriate notices had been published; four neighborhood meetings were
conducted; a public hearing was conducted before the Planning Commission on
April 20 which was continued and closed on April 27, 1988, following which the
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Minutes
Regular Council Meeting
May 17, 1988
Page 13
Planning Commission had made their recommendations for funding. He stated that
the staff recommendation for funding is somewhat different from that of the
Planning Commission.
Mr. Rudy Gonzalez provided a history of the program and described the
improvements that were made in the targeted areas. He referred to a graph and
pointed out that a majority of the funds have been spent primarily on street and
drainage improvements; the next largest amount has been spent on rehabilitation
and housing; and the next largest amount was expended on the utility system;
followed by smaller amounts for public and neighborhood facilities, general
administration, parks and recreation facilities, and miscellaneous improvements.
Mr. Gonzalez continued by stating that the City of Corpus Christi's 14th
Year Entitlement amount is $3,500,000; funds available from reprograming total
$250,000; and program income from rehabilitation loan repayments is $440,000,
for a combined total of $4,190,000 which is now available for funding for
various purposes.
Mr. Gonzales then described the programs that are recommended for funding.
He showed slides of the areas to be improved, and provided information on the
projects recommended by the Planning Commission and those recommended by the
City staff. (A copy of the recommended program is attached to the Minutes and
considered to be a part hereof.)
Council Member Leo Guerrero referred to the Temple Park lighting project
and inquired as to why the staff recommends against this funding, and Mr.
Gonzales explained that quite a bit of other CDBG funds have been awarded to
that park in the past and there is some lighting in that park.
Council Member Guerrero then inquired as to why the City staff does not
recommend $50,000 for NCCAA Carver Headstart Program, and Mr. Elizondo explained
that CDBG funds have previously been provided for support for this agency and
there are still two remaining buildings to be constructed or renovated for the
headstart program.
Council Member Guerrero asked about the staff recommendation not to fund
Goodwill Industries, and Mr. Elizondo stated that it is a very worthy operation
but there are other priorities and the funds are limited this year.
Mr. Guerrero then referred to Economic Development Service Center for which
the staff recommends $50,000 and inquired as to why the Planning Commission did
not recommend funding this operation.
Mr. Elizondo stated that staff feels that they would like to have that
money set aside for certain projects that may in the future act as seed money to
create employment opportunities and development improvements, noting that it
will be used by a department within the City.
Minutes
Regular Council Meeting
May 17, 1988
Page 14
Council Member Rhodes inquired if the money set aside for administration is
in accordance with HUD guidelines, and Mr. Elizondo replied that the guidelines
allow for 20% for administrative costs.
Mr. Gonzalez returned to the discussion on Temple Park and informed Council
Member Guerrero that $76,500 has already been spent on that park, and Mr.
Elizondo interjected that in addition to that, funds were included in the 1986
Bond Program for improvements to Temple Park.
Council Member Rhodes inquired as to how comprehensive planning meets the
HUD guidelines since that would obviously apply to the entire city, and Mr.
Elizondo replied that there are no geographic locations for comprehensive
planning and such planning is included in the HUD guidelines.
Council Member Rhodes asked for an explanation of the Development Service
Center for which the staff recommends funding, and Mr. Gonzalez stated that it
is for a developmental program for the entire City of Corpus Christi.
Council Member Moss inquired about the single—family rehabilitation program
and the rental rehabilitation program and inquired if the landlords could be
encouraged to rehabilitate their property, and Mr. Gonzalez stated that staff
does attempt to place the burden on the property owners to take advantage of the
program to improve their property.
Council Member Moss then inquired if there would be overhead on the
individual projects as well as administrative overhead, and in response, Mr.
Gonzalez explained the procedure and services provided by the rehabilitation
staff.
Mayor Turner then called for public comment but explained first that if an
individual were speaking on an issue, they would be allowed 3 minutes in which
to make their presentation, but if a number of persons present in the audience
wanted to address the same issue, the entire group would be allowed a total of
10 minutes. She also requested that the Council Members refrain from asking
questions of the citizens until after the completion of all of the comments.
Mr. Joe Garcia, Chairman of the Planning Commission, addressed the Council
and explained the two evenings of public hearing that were conducted by the
Planning Commission. He referred to the letter which he had sent to the Council
Members explaining the differences between the Planning Commission and Planning
staff recommendations. Mr. Garcia also highlighted the Planning Commission's
recommendation that $200,000 be allocated for baseball stadium development and
explained that there is a question as to whether this will meet the guidelines
of the Department of Housing and Urban Development. He stated that if they do
not concur that this is an eligible allocation, the Planning Commission would
like to recommend that this money be added to the baseball recreational
facilities.
Minutes
Regular Council Meeting
May 17, 1988
Page 15
Mayor Turner expressed her appreciation to Mr. Garcia and the other members
of the Planning Commission who have worked so diligently to obtain public
comment and provide recommendations to the City Council.
The following citizens addressed the Council in regard to various projects
proposed for funding: Mrs. Lea Hauser, 1318 Waldron Road, #712, speaking on
behalf of AARP, referred to the Ethel Eyerly Community Center Expansion and
explained that the Center is used extensively and because of the inadequate
facilities, meetings often overlap and they would like to have an addition to
the building to provide another meeting room.
Concurring with this request was Mr. Glen Wages.
Mr. Jack Ratkovic, 13911 Sea Horse, representing the Silver Hair
Legislature, also urged approval of the funding for this center and asked a
large group of citizens from Flour Bluff who were in favor of this funding to
stand.
Mayor Turner called for comments from representatives of BB 4 CC who are
requesting funding for the baseball stadium development.
Mr. Mario Rincon, 4214 Barrera, urged approval of existing baseball
recreational facilities.
Mr. Elizondo explained to the Council that the initial staff proposal was
for an allocation of $500,000 for improvements to the baseball fields at the
Greenwood and Horne Road location where they would like to build new fields, but
at the Planning Commission Meeting, the allocation was divided between the
baseball stadium development and the improvements to the baseball recreational
facilities at $200,000 each.
Mayor Turner suggested that the speakers address the baseball stadium
development first.
Mr. Joe Adame spoke on behalf of funding for the stadium development. He
pointed out the benefits of such a stadium, its effect on the young people, the
possibility of students obtaining scholarships through their baseball skills,
and eventually the publicity that would be afforded the City of Corpus Christi
through the possible establishment of a minor league baseball team here in this
City. He explained that for this purpose, there is a great need for a good
facility that will accommodate spectators. He informed the Council that his
group would still like to have the original $500,000 which was requested.
Also speaking in favor of the stadium development funding was Mr. Butch
Escobedo, 4609 Haverhill, who explained that they are not opposed to the
rehabilitation of the existing fields but they do feel that the baseball stadium
would be of greater benefit to the City of Corpus Christi because this is a
baseball town which has a great deal of talent. Mr. Escobedo then introduced
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Minutes
Regular Council Meeting
May 17, 1988
Page 16
Mr. Lester Bedford who has produced a large number of national sports events in
Corpus Christi.
Mr. Bedford explained his interest in baseball and in developing a stadium
for Corpus Christi which could eventually lead to the establishment of a minor
league team. He stated that he would like to show two films for a total of 7
minutes of a typical stadium that BB for CC has in mind. Mayor Turner noted
that the group's 10 minutes had expired and called on the proponents of the
other baseball funding to speak.
Mr. Mario Rincon spoke again and expressed the opinion that the baseball
fields at Greenwood and Horne Road need to be improved and enlarged. He
explained that their needs include improved lighting, a sewer line, improved
drainage, and additional fields. He expressed the opinion that the stadium
development is not proper use of CDBG funds.
Ms. Susie Lurse, 4710 Hakel, spoke in favor of improving the existing
baseball fields which include playing fields for the kickball leagues.
Also speaking in favor of the baseball recreational facilities' funding was
Mr. David Noyola.
Mayor Turner then recognized the citizens who wished to speak on behalf of
MHMR, which was not recommended for funding.
Mr. Bill Blackburn, 4513 Greensboro, informed the Council that they had
requested $200,000 for housing for the mentally retarded. He then introduced
clients who are living in their existing facilities and a number of people
responded.
Mrs. Henrietta Newbury explained that the mentally retarded grow up in less
than ideal family situations and the facility operated by MHMR for residents of
Corpus Christi is the only one in the City where they can be taught to function
independently. She explained that there is a shortage of funds and they would
like to have the funding from the Development Block Grant Program.
Mrs. Alicia Ruiz, 2606 Crestlea, explained that they had originally
requested $250,000 but now they are asking for $200,000. She then recognized a
resident of the existing facility, Ms. Patrica Portano, who also spoke in favor
of MHMR funding.
Speaking on behalf of Metro Ministries was Sister Mary Louise, 2930 South
Alameda, who explained that Metro Ministries needs the funding in the amount
$19,400 for restoration of the Loaves and Fishes building as well as an
additional facility across the street. She provided information on the number
of people that have been assisted by Metro Ministries and asked for the
Council's approval for funding for these improvements.
Minutes
Regular Council Meeting
May 17, 1988
Page 17
Mrs. Linda Lamona, 2514 Fiji, spoke in favor of the funding in the amount
of $150,000 for Goodwill Industries as recommended by the Planning Commission
which was not recommended by the City staff. She stated that they need the
funds for renovation of their facility. She then introduced Board Members who
were present in the audience. She explained that the purpose of their
organization is for rehabilitation of handicapped clients who can become
self-supporting through their program. She pointed out that this project meets
the criteria for CDBG Funds.
Reverend Elliott Grant, representing HIALCO, stated that their proposal was
for $200,000 but they would be grateful to accept the $70,000 as recommended by
the Planning Commission and the Planning staff.
Also speaking in favor of the funding for the HIALCO area rehabilitation
improvements were Mr. Cheyenne Eichelberger and Mr. Ernest Carter.
Reverend Albert Stafford, 1029 Greenview Drive, spoke in favor of funding
for an Outreach Program for the homeless people in Corpus Christi.
Mayor Turner noted that Dr. Leo Carrillo, who was next on the list, was not
present and suggested that the Council recess the meeting at 7:50 p.m.
* * * * * * * * * * * * *
Council Member Linda Strong presided in the absence of Mayor Turner and
Mayor Pro Tem Bill Pruet and reconvened the public hearing at 8:14 p.m.
Mr. Roland Gaona, speaking on behalf of Dr. Leo Carrillo, urged approval of
the funding in the amount of $15,000 for lighting at Temple Park. He assured
the Council that this would be their last request for CDBG funds. He stated
that the Temple Park organization will raise additional funds and explained that
the use of the park has greatly increased and they are in dire need of better
lighting.
Mr. Rudy Sosa, 614 Horne Road, spoke on behalf of funding for neighborhood
centers of Corpus Christi. He described the services provided for the community
by this group and stated that they need a multi-purpose building and they are in
an eligible area. He informed the Council that they will invest $25,000 of
their money; other groups have indicated that they will participate in the
project; and if the City Council is hesitant to approve this grant, they will
amend their request to consider the $75,000 as a loan.
Mr. Gonzalez informed the Council that Mr. Sosa had indicated that they
would pay the money back over a 30 -year period and Mr. Elizondo stated that both
the Planning Commission and Planning staff are recommending an outright grant
rather than a loan.
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Minutes
Regular Council Meeting
May 17, 1988
Page 18
Also speaking in favor of this funding was Mr. David Noyola who stated that
the reason they have indicated that they will accept a loan is because they are
never sure how the City Council will vote on their grant allocations.
Mr. George Clower, 304 South Morningside, spoke in favor of funding for
Bethune Day Nursery and described the purpose which is to provide day care for
low income families. He stated that the building they have been leasing will no
longer be available in a few months and they only have until September to begin
plans for replacement of the 46 -year-old building which they have occupied for
18 years. He stated that the building is in very poor condition; the original
request was for $225,000; but they would be very pleased to receive the
recommended $126,000.
Mr. Joe A. Martinez, 3617 Beauregard, spoke on behalf of Nueces County
Community Action Agency and urged approval of the allocations for both the
weatherization program and the Carver Headstart Program.
Mr. Ray Harding, 903 North Chaparral, requested approval of the recommended
$7,500 for additional amenities in Artesian Park. He stated that the funds will
be used for water fountains and park benches as well as improved lighting which
will help to clean up and revitalize the downtown area.
Council Member Guerrero stated that he would like to see the films referred
to by Mr. Bedford in connection with the funding of the stadium development.
A motion was made by Council Member Guerrero to view the two films on
baseball. The motion was seconded by Council Member Schwing and failed to pass
by the following vote: Guerrero, Schwing, Slavik voting "Aye;" Strong, Moss,
Rhodes voting "No."
A motion was made by Council Member Moss that the hearing be closed,
seconded by Council Member Rhodes and passed.
Council Member Rhodes inquired about the location of the proposed MHMR
facility, and a representative of MHMR replied that they are negotiating for the
purchase of a proposed site.
There being no further business to come before the Council, on motion by
Council Member Moss, seconded by Council Member Slavik, and passed, the regular
council meeting was adjourned at 8:50 p.m.
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14TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PLANNING COMMISSION AND STAFF RECOMMENDATIONS
14th Year Entitlement
Funds Available from Reprogramming
Program Income from Rehabilitation Loan Repayments
TOTAL FUNDS AVAILABLE FOR THE 14TH YEAR PROGRAM
Planning
Commission
Parks, Playgrounds and other Recreational Facilities
Baseball Stadium Development 200,000
Baseball Recreational Facilities -0-
Ethel Eyerly Community Center Expansion 75,000
Temple Park Lighting 15,000
Artesian Park Improvements 7,500
Street and Utility Improvements
Allen School Area Phase rI
Street Lighting Upgrade and Improvements
San Juan Area Street Design
San Carlos Street & Utility Improvements
Elimination of Blight and Slum
Code Enforcement
Demolition/Relocation
Neighborhood Facilities
Corpus Christi Metro -Ministries
Rehabilitation
Hialco Area Rehabilitation Imp.
Neighborhood Centers of C.C.
NCCAA Carver Headstart
Goodwill Industries
Bethune Day Care
Rehabilitation Loan & Grant Program
Single Family Rehabilitation
Emergency Grant Program
Rental Rehabilitation
Rehabilitation Administrative/Services
CDBG Administration
Housing Grant -Assistance
Paving Assessment Grants
NCCAA Weatherization Program
Planning and Administration
Comprehensive Planning
Landmark Commission
Economic Development
Development Service Center
10DOC2
500,000
150,000
50,000
100,000
66,000
50,000
19,400
70,000
75,000
50,000
150,000
126,000
1,000,000
565,000
50,000
500,000
200,000
2,800
29,100
35,000
100,000
3,500,000
250,000
440,000
4,190,000
Staff
Initial Amended
O 200,000
500,000 200,000
75,000 75,000
O 0
O 7,500
590,000 521,500
150,000 150,000
50,000 50,000
43,500 43,500
66,000 66,000
50,000 50,000
19,400 19,400
70,000 70,000
O 75,000
O 0
O 0
O 126,000
1,000,000
600,000
50,000
530,000
210,000
2,800
29,100
0
1,000,000
565,000
50,000
500,000
200,000
2,800
29,100
35,000
100,000 100,000
4,200 4,200 4,200
-0- 50,000 50,000
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Council Workshop Meeting of the City of Corpus Christi of May 17,
1988 which were approved by the City Council on May 24, 1988.
WITNESSETH MY HAND AND SEAL, this the ;.L day of—X�1. ( f die
Armando Chapa, City Secret(dr
City of Corpus Christi
Betty Turner, MAYOR
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