HomeMy WebLinkAboutMinutes City Council - 07/11/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JULY 11, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem David Berlanga
Council Members:
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing *
Absent
Leo Guerrero
viaaa
City Manager Juan Garza
City Attorney Hal George
City Secretary Armando Chapa
Mayor Betty Turner called the meeting to order in the Council Chamber of
City Hall.
The invocation was delivered by Council Member Joe McComb following which
the Pledge of the Allegiance to the Flag of the United States was led by Mayor
Pro Tem Berlanga.
City Secretary Armando 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 Turner presented a Certificate of Commendation to Council Member Clif
Moss for his tenure as Mayor Pro Tem and she welcomed the new Mayor Pro Tem
David Berlanga.
Mayor Turner called for approval of the Minutes of the Regular Council
Meeting of June 27, 1989 and there being no corrections or additions, she
proclaimed them approved as presented.
It was the consensus of the Council that the Board and Committee
appointments be postponed until the following week.
Mayor Turner recognized Mr. John Hunter, Superintendent of the Padre Island
National Seashore, and presented him with an official plaque congratulating the
Padre Island National Seashore for being selected the fil RV Park facility in the
country by Trailblazer Magazine.
MICROFILMED
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Regular Council Meeting
July 11, 1989
Page 2
* * * * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 1 thru 16 and Council
Members requested that Items 2, 9, 10a and 11 be withheld for discussion.
There were no questions from the audience on the other items.
City Secretary Chapa polled the Council for their votes and the following
were passed:
* Council Member Schiwng arrived at 2:10 p.m.
1. M89 -0I78
Motion approving the purchase of a microfilm
with bid invitation No. BI -0203-89, from CSI
of $16,644, based on low bid. The unit will
for microfilm records of distribution sys
included in the 1988-89 Capital Outlay.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
3. M89-0179
Motion approving a supply agreement for rechargeable flashlight systems and
flashlight parts with Prolight Corporation in accordance with Bid
Invitation No. BI -0217-89 based on only bid for an estimated annual
expenditure of $11,626.75. The term of the agreement shall be for twelve
months with option to extend for an additional twelve months subject to the
approval of the supplier and the City Manager or his designee. These items
will be used by the Police Department.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
4. M89-0180
Motion approving the purchase of an Autosampler for an ION Chromatograph
from Spectra Physics based on sole source for the amount of $11,790.28.
The Autosampler will be used by Water Production in their lab with an
existing ION Chromatograph. Funds were approved in the 1988-89 Capital
Outlay Budget.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
reader -printer, in accordance
Business System in the amount
be used by the Water Division
tem drawings. This item is
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Regular Council Meeting
July 11, 1989
Page 3
5. M89-0181
Motion authorizing renewal for one year of a lease of an apartment at 3312
Wayside Street from the Housing Authority of Corpus Christi. The apartment
is used as the Wayside Senior Center, where meals and other services are
provided.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
6. M89-0182
Motion denying a Certificate of Public Convenience and Necessity for
Taxicab Service proposed by Mr. Frank K. Munday, dba Checker Cab.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
7. M89-0183
Motion awarding a contract for $16,052 to Bracco Construction Company,
Inc., to furnish and install an Atrium Cap Rail in City Hall.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
8. 1489-0184
Motion awarding a contract in the amount of $81,674.50 to Insituform Gulf
South, Inc. for the Sanitary Sewer Rehabilitation - Horne Road, Greengrove
Drive to Brentwood Drive, project.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
10. RESOLUTION NO. 20707
APPROVING THE DEVELOPER'S APPLICATION AND AUTHORIZING THE REIMBURSEMENT IN
THE AMOUNT OF $12,721.36 TO W. S. LEE, PRESIDENT OF BOAT -N -NET, INC., AND
DEVELOPER OF LOT 1, BLOCK 3, BROWN -LEX TRACT, FOR THE INSTALLATION OF 473
FEET OF 12" WATER GRID MAIN PER ORDINANCE NO. 17279; AND APPROPRIATING
$12,721.36.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero
absent.
12. FIRST READING
CLOSING AND ABANDONING A 5 -FOOT AND 10 -FOOT WIDE UTILITY EASEMENT IN LOT 1,
WINDBLOWN ACRES SUBDIVISION, AND A 5 -FOOT AND 10 -FOOT WIDE UTILITY EASEMENT
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Regular Council Meeting
July 11, 1989
Page 4
IN LOT 2 -AR, WINDBLOWN
EASEMENT IN LOT 9-A,
PROVIDING FOR REPLATTING
The foregoing Ordinance
Turner, Berlanga, Hunt,
"Aye"; Guerrero absent.
ACRES SUBDIVISION, AND A 5 -FOOT WIDE UTILITY
BLOCK, 1, FALLIN'S RIVERSIDE SUBDIVISION; AND
OF THE PROPERTY WITHIN 180 DAYS.
passed on first reading by the following vote:
Martin, McComb, Moss, Rhodes and Schwing voting,
13. SECOND READING
CLOSING AND ABANDONING LENS DRIVE
ADJACENT TO LOT 36, BLOCK 13, KING'
FLOUR BLUFF AND ENCINAL FARM AND
PARKWAY ADJACENT TO LOTS 3, 4, AND
LOT 17, BLOCK 24, FLOUR BLUFF AND
TO CERTAIN PROVISIONS.
FROM CIMMARON BOULEVARD TO OSO PARKWAY
S CROSSING UNIT I, AND LOT 17, BLOCK 24,
GARDEN TRACTS; AND A PORTION OF OSO
5, BLOCK 38, KING'S CROSSING UNIT I, AND
ENCINAL FARM AND GARDEN TRACTS; SUBJECT
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye";
Martin abstaining; Guerrero absent.
14. SECOND READING
CLOSING AND ABANDONING A 5 FOOT WIDE UTILITY EASEMENT IN LOTS 1, 2,
BLOCK 38, KING'S CROSSING UNIT I, PHASE I, AND LOT 27, BLOCK 24
BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND A 7.5 FOOT WIDE
EASEMENT IN LOT 1, BLOCK 28, AND LOT 1, BLOCK 39, KING'S CROSSING
SUBJECT TO CERTAIN PROVISIONS.
AND 5,
, FLOUR
UTILITY
UNIT 1;
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Hunt, McComb, Moss, Rhodes and Schwing voting, "Aye";
Martin abstaining; Guerrero absent.
15. SECOND READING
AUTHORIZING A USE PRIVILEGE AGREEMENT
INSTALLATION AND MAINTENANCE OF TWO
RIGHT-OF-WAY IN THE AREA OF EDEN LANE
OF $600.
16.
WITH JAVELINA COMPANY TO ALLOW THE
GEL -TYPE CABLES WITHIN THE PUBLIC
IN THE EHLERS GARDEN TRACT FOR A FEE
The foregoing Ordinance passed on second reading by
Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes
"Aye"; Guerrero absent.
the following vote:
and Schwing voting,
SECOND READING
AMENDING THE CITY CODE, CHAPTER 18, FIRE PREVENTION AND PROTECTION, ARTICLE
II, EMERGENCY MEDICAL SERVICES, SECTION 18-20, AMBULANCE RATES, SO AS TO
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Regular Council Meeting
July 11, 1989
Page 5
PROVIDE FOR AN INCREASE IN BASE RATES AND FOR AN ANNUAL REVIEW OF THE EMS
AMBULANCE RATES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on second reading by the following vote:
Turner, Berlanga, Hunt, Martin, Moss, Rhodes and Schwing voting, "Aye";
McComb voting, "No"; Guerrero absent.
* * * * * * * * * * * * *
In answer to a question from Council Member Martin relative to Item No. 2
on approving a supply agreement for police badges and hat shields, City Manager
Garza indicated that the existing badges and hat shields are being replaced and
it would take time to phase new ones in. Various Council Members expressed
concern about discarding the badges and hat shields just for the sake of change.
Relative to Item No. 9 on the Surfside/Timon Street Improvements, Mayor
Turner expressed concern that the firm recommended to design the street
improvements is not a local firm and the profit will leave the City. She
indicated that a number of excellent engineering firms submitted proposals.
City Manager Garza indicated that this firm has a six -person office in
Corpus Christi; they have assured the City that they would retain at least 75%
of the contract amount in the City; and the recommendation is within the policy
directed by City Council.
In answer to a question from Council Member
staff studied the proposals and then negotiated a
does not solicit bids for professional contracts.
felt this was the best proposal submitted and
superior to the others.
McComb, Mr. Garza stated that
contract, noting that the City
Mr. Garza stated that staff
that their presentation was
Council Member Martin stated it is understood
competitively bid professional contracts but that there
the items in the proposal should not be a cost proposal
Various Council Members expressed concern about
various costs should be included in the contract
they are paying for.
that
what
that the City does not
is no reason that one of
this procedure, stating
so the Council will know
There were no questions from the audience on Items 2 or 9.
Relative to Item No. 10a on the Resolution establishing the intention of
the City Council to pursue negotiations with the Nueces County Hospital District
for payment of their share of the costs for operation of Emergency Medical
Service, Council Member McComb suggested that the City consider a lawsuit to
force the Nueces County Hospital District to share the ambulance system's annual
operating costs. He stated that it is their responsibility to provide medical
care to the indigent and that the funding for the system should not be placed on
the residents of Corpus Christi when there is a hospital district formed to help
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Regular Council Meeting
July 11, 1989
Page 6
with the cost. He stated that it amounts to double taxation
and hospital district to levy taxes for support of the system.
City Manager Garza suggested that the City obtain an
Attorney General's office, stating that ambulance service is
which is a responsibility of the hospital district.
Mayor Turner suggested amending the Resolution to delete a portion of
Section 1.
for both the City
opinion from the
a medical service
Council Member Moss made a motion authorizing the City Manager to turn over
to the hospital district the City's ambulances and personnel to serve at their
discretion to operate the ambulance service. The motion was seconded by Council
Member Hunt.
City Manager Garza stated that it is a very complicated matter; presently
the service is provided by the firefighters; and it would involve a great deal
of planning to extricate the system from the City's Fire Department.
After a lengthy discussion of this issue, Council Member Martin stated that
the City should be practical and consider the reality of the situation. Mr.
Martin suggested that the Mayor and certain Council Members meet with the judge
and the hospital district to try and negotiate a long-term contract to share the
responsibility.
The motion by Council Member Moss failed to pass by the following vote:
Hunt and Moss voting, "Aye"; Turner, Berlanga, Martin, McComb, Rhodes and
Schwing voting, "No"; Guerrero absent.
A motion was made by Council Member Rhodes to amend the Resolution to read
as follows: "That the Nueces County Hospital District enter into a new contract
with the City to resume funding for the provision of base medical care and
transportation to indigents." The motion was seconded by Mayor Pro Tem Berlanga
and passed by the following vote: Turner, Berlanga, Martin, McComb, Moss,
Rhodes and Schwing voting, "Aye"; Hunt voting, "No"; Guerrero absent.
Ms. Pauline Clark, 3902 Mueller, spoke in opposition to the City turning
over the ambulance service to the county or hospital district. She stated that
she is in favor of the county/hospital district being responsible for the cost
of the indigent care and she expressed the opinion that the citizens should be
taught how to properly use the ambulance service.
Relative to Item No. 11 on the Ayers Street Improvements, Santa Fe to
Norton, Engineering Services Director, Carl Crull, provided background
information on this item and explained the recommendation for repealing
Ordinance No. 20655. He stated that because property cannot be sold when there
is a lien filed against it, the ordinance must be repealed and assessment liens
released against the properties.
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Council Member Moss expressed concern and stated that in the future the City
should consult with the owners and tenants before proceeding with City plans.
There were no questions from the audience on Item No. 11.
City Secretary Chapa polled the Council for their votes and the following
items either failed to pass or passed:
2. Failed to Pass
Motion approving a supply agreement for police badges and hat shields in
accordance with Bid Invitation No. BI -0222-89 with Sun Badge Company based
on the low bid meeting specifications of $10,338.32. The term of the
contract will be twelve months with option to extend for an additional
twelve months subject to the approval of the supplier and the City Manager
or his designee.
The foregoing motion failed to pass by the following vote: Berlanga and
Schwing voting, "Aye"; Turner, Martin, McComb, Moss and Rhodes voting,
"No"; Hunt abstaining; Guerrero absent.
9. Failed to Pass
Motion approving an engineering services contract with Jones and Neuse,
Inc. to design street improvements to the Surfside/Timon Blvds. area from
Elm to Burleson (Breakers Avenue) for a fee not to exceed $31,500.
The foregoing motion failed to pass by the following vote: Berlanga, Martin
and Rhodes voting, "Aye"; Turner, McComb, Moss and Schwing voting, "No";
Hunt abstaining; Guerrero absent.
10a. RESOLUTION NO. 20708
DIRECTING NEGOTIATIONS WITH THE NUECES COUNTY HOSPITAL DISTRICT FOR PAYMENT
OF THEIR SPARE OF THE COSTS FOR OPFPATION OF EMERGENCY MEDICAL SERVICE.
The foregoing Resolution, as amended, passed by the following vote: Turner,
Berlanga, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Hunt
abstaining; Guerrero absent.
11. ORDINANCE NO. 20709
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: AVERS
STREET, FROM NORTON STREET TO SANTA FE STREET - REPEALING ORDINANCE NO.
20655; TERMINATING THE LIEN IMPOSED BY ORDINANCE NO. 20655; REMANDING THE
PLANS AND SPECIFICATIONS TO THE ENGINEERING DEPARTMENT TO REVISE THE PLANS
AND SPECIFICATIONS TO RETAIN THE UFAD-IN PARKING; AND DECLARING AN
EMERGENCY.
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Regular Council Meeting
July 11, 1989
Page 8
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Martin, McComb, Moss, Rhodes and Schwing
voting, "Aye"; Hunt abstaining; Guerrero absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 17 thru 21.
Relative to Item No. 17 on the Rental Rehabilitation Program Amendment,
Assistant City Manager Elizondo provided a short presentation, stating that
currently the program has approximately $520,000 available for loans and an
additional allocation of $172,000 will be available October 1, 1989. He stated
that the San Antonio area HUD office recently notified the City that due to the
lack of substantial progress in the Rental Rehabilitation Program, HUD will be
initiating action to de -obligate $230,000 allocated to unilaterally initiate
action to de -obligate funds when necessary. Mr. Elizondo stated that staff
hopes that the amendments will cause HUD to reconsider their efforts to
de -obligate.
Mr. Elizondo gave a brief history of the Rental Rehabilitation Program and
explained the various methods of financing available. He stated that staff
recommends that an amendment to the City's Rental Rehabilitation Program which
allows a 3% interest loan at a negotiable maturity not to exceed 20 years with
payments deferred for the first five years be approved. Mr. Elizondo continued
by stating that implementing this change would enhance the program by keeping
the investor/owner's overhead expenses low; it would allow the projects to
develop financially; and it would make the program more attractive and result in
greater participation which will lead to additional affordable housing
opportunities being available for low income individuals.
A lengthy discussion followed on the Rental Rehabilitation Program and
various Council Members expressed interest in projects for the homeless and that
the money be used where it is needed. Mr. Elizondo requested approval of this
item today, noting that staff will study the entire matter, specifically in the
area where the Council is concerned. He stated that staff will meet with the
San Antonio area HUD office and inform them that the Council is aware of the
problem; that some changes were made to the program; and that the City is
interested in trying to create additional units and will study the issue further
ID this area.
Relative to Item No. 18 on the permit to drill a well in the Gulf of
Mexico, Petroleum Inspection Superintendent, James Conn, explained the
recommendation to approve a permit for Ensource, Incorporated to drill the Gulf
of Mexico State Tract 904 Well No. 1 in search of oil and/or gas from a location
three miles seaward of the Mustang Island State Park. Mr. Conn provided
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Regular Council Meeting
July 11, 1989
Page 9
background information on the application, stating that staff recommends that
the permit be granted.
Relative to Item No. 19 on establishing a complete Count Committee for the
City of Corpus Christi in the 1990 Census, Council Member McComb emphasized the
significance of this committee.
Margaret Wead, Public Information Coordinator, stated that the Council will
be provided a list of people who are willing to serve on this committee and who
have expressed an interest.
For clarification, City Manager Garza noted that the Resolution should be
amended to include that the Corpus Christi Complete Count Committee will be
appointed by the City Council.
City Secretary Armando Chapa informed the Council that the appointments to
this committee will be on next week's agenda.
Relative to Item No. 20 on the Terminal News and Gift Concession, Mayor Pro
Tem Berlanga inquired when the long-term lease will begin, and Director of
Aviation, George Hext, explained that the long-term lease will begin upon the
final approval of the Ordinance by the City Council after three readings and
that immediately the short-term lease will cease. Mr. Hext indicated that a
Request for Proposals for the non-exclusive contract to operate the concession
was advertised locally and nationally.
Council Member Martin asked why it took four months for the Council to
receive the recommendation, and Mr. Hext briefly explained the time frame for
the procedure.
There were no questions from the audience on Items 17 thru 21.
City Secretary Chapa polled the Council for their votes and the following
were passed:
17. M89-0185
Motion that the City's Rental Rehabilitation program be amended to provide
for a 3% interest loan at a negotiable maturity not to exceed 20 years with
the first 5 years being deferred.
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
18. M89-0186
Motion approving a permit for Ensource, Incorporated to drill the Gulf of
Mexico State Tract 904 Well No. 1 in search of oil and/or gas from a
location three miles seaward of the Mustang Island State Park.
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Regular Council Meeting
July 11, 1989
Page 10
The foregoing motion passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero absent.
19. RESOLUTION NO. 20710
ESTABLISHING A COMPLETE COUNT COMMITTEE FOR THE CITY OF CORPUS CHRISTI IN
THE 1990 CENSUS.
The foregoing Resolution passed by the following vote: Turner, Berlanga,
Hunt, Martin, McComb, Moss, Rhodes and Schwing voting, "Aye"; Guerrero
absent.
20. ORDINANCE NO. 20711
AUTHORIZING THE EXECUTION OF AN INTERIM AGREEMENT WITH DOBBS HOUSES, INC.,
EFFECTIVE AUGUST 1, 1989, AND EXPIRING UPON COMMENCEMENT OF THE LONG-TERM
LEASE AGREEMENT FOR A TERMINAL NEWS AND GIFT CONCESSION; AND DECLARING AN
EMERGENCY.
An emergency was declared and the the foregoing Ordinance passed by the
following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and
Schwing voting, "Aye"; Guerrero absent.
21. FIRST READING
AUTHORIZING THE EXECUTION OF A 10 -YEAR LEASE AGREEMENT WITH DOBBS HOUSES,
INC. FOR A TERMINAL NEWS AND GIFT CONCESSION, EFFECTIVE 60 DAYS FROM DATE
OF THIRD READING.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Guerrero absent.
* * * * * * * * * * * * *
Mayor Turner called for consideration of Items 22a thru 22e.
Assistant City Manager Elizondo provided background information and briefed
the Council on the proposed changes to the Code of Ordinances described as
follows: 1. Clarification and incorporation of the ordinary minor repairs list
previously developed into the respective construction codes; 2. Establishing a
certification program for maintenance personnel performing electrical repairs on
property other then personal homesteads; 3. Amending the standardized valuation
table for pre-engineered metal warehouse buildings and further defining
accessory construction; 4. Providing the Building Official authorization to
grant extensions of time associated with the relocation of building; and 5.
Clarifies general inspection criteria in the Plumbing and Mechanical codes;
(Clarifies the reinspection process for existing structures). He stated that it
is recommended that the proposed amendments to the City's Code of Ordinances be
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Regular Council Meeting
July 11, 1989
Page 11
adopted. He stated that the changes recommended are considered necessary and
appropriate and at the same time maintain community standards that promote
safety, health and welfare.
Mr. Elizondo continued by stating that there are
Electrical Code which need additional clarification.
Code, Section 13-93, (b)(2) and deleted various words
two recommendations in the
He referred to Electrical
in two different sections.
In answer to a question from Mayor Turner, Mr. Elizondo stated that the
City will leave a section of the code that allows the building official
additional discretion should the person proposing the construction method be
able to convince the building official that it is an exceptional alternate
method of construction.
Mr. John Helm, Chairman of the Real Estate Association Steering Committee,
read from a prepared statement, stating that there are several minor areas in
the recommendation that they disagree with and a few points that they have
strong reservations about. Mr. Helm noted that their points of concern are in
the Mechanical Code, Section 2, Permits not Required, Paragraph 5 and in the
Electrical Code, Section 1, Permits not required, Paragraph 4(c) and Paragraph
5.
Assistant City Manager Elizondo responded to the concerns of the Real
Estate Association Steering Committee.
Discussion followed and a
Electrical Code under (h) of
repairs under (b) Permits Not
"Replacement of any florescent
of his employer." The motion
unanimously; Guerrero absent.
motion was made by Council Member Martin that the
the items deemed to constitute ordinary minor
Required should be amended to read as follows:
ballasts by a maintenance person on the premises
was seconded by Council Member McComb and passed
Mayor Turner indicated that before the third reading of the ordinance, she
would like to see the requirements and the test for certification of the
maintenance persons, and Assistant City Manager Elizondo stated that staff will
meet with the City Attorney and Council in Closed Session to discuss the
examination.
Mr. Terry Whitmire presented specific questions relative to the amendments,
and Assistant City Manager Elizondo responded to his questions. Mr. Whitmire
elaborated on the recommendations of the Building Department Ad Hoc Task Force,
and Mayor Turner requested that these recommendations be provided to the new
members of the Council. Mr. Whitmire read a letter in reference to the code
changes and elaborated on two exceptions to the proposed code changes.
Mr. Tom Stewart, 1818 Rodd Field Road, representing the Corpus Christi Air
Conditioning Plumbing and Contractors Association, expressed their support for
trade licensing and urged strict enforcement of the building codes.
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July 11, 1989
Page 12
Mr. Gene Ritter, 4110 Nicklaus, a local businessman, spoke in opposition to
licensing being required for people performing minor repairs.
In response to a question from Ms. Cam Doherty, a design contractor,
concerning replacing transformers on illuminated signs, Building Official
Gonzalez clarified that this would not be permitted under the present proposal,
and Council Member Martin requested clarification of this issue prior to the
third reading of the ordinance.
City Secretary Chapa polled the Council for their votes, noting that Item
22d had been amended, and the following ordinances were passed on first reading:
22a. FIRST READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE VI, PLUMBING
CODE, SECTION 13-201, ADMINISTRATION OF THE PLUMBING CODE, BY ADDING A NEW
SECTION 103.6(b) AND BY AMENDING SECTIONS 106.4, 107.3(a), AND 107.4;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Guerrero absent.
22b. FIRST READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE VII, MECHANICAL
CODE, SECTION 13-221, ADOPTED; AMENDMENTS, BY AMENDING SUBSECTIONS
103.5(b), 104.2(a) AND (b), 106.3, AND 106.4; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Guerrero absent.
22c. FIRST READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE I, IN GENERAL,
SECTION 13-1, STANDARD BUILDING CODE, ADOPTED; AMENDMENTS, BY AMENDING
SECTION 106.6 BY ADDING A NEW PARAGRAPH 106.6.3; AMENDING PARAGRAPHS 107.2,
107.7, AND 2204.9; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Guerrero absent.
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Regular Council Meeting
July 11, 1989
Page 13
22d. FIRST READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS: HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE III,
ELECTRICAL, DIVISION 2, ELECTRICAL CODE, SECTION 13-93, PERMITS AND FEES,
BY AMENDING PARAGRAPHS B AND C; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The foregoing Ordinance, as amended, passed on first reading by the
following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and
Schwing voting, "Aye"; Guerrero absent.
22e. FIRST READING
AMENDING THE CITY CODE, CHAPTER 13, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE I, IN GENERAL,
SECTION 13-2, PERMIT AND ADMINISTRATIVE FEES, BY AMENDING THE "PERMIT FEE
SCHEDULE"; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance passed on first reading by the following vote:
Turner, Berlanga, Hunt, Martin, McComb, Moss, Rhodes and Schwing voting,
"Aye"; Guerrero absent.
* * * * * * * * * * * * *
Mayor Turner declared a short recess before the public hearing.
* * * * * * * * * * * * *
Mayor Turner reconvened the Council Meeting at 4:39 p.m. and announced the
public hearing on the following zoning application:
23. Application No. C689-1, City of Corpus Christi: For a change of zoning
from "R -1B" One -family Dwelling District, "AB" Professional Office
District, and "AB" Professional Office District with a "SP" Special Permit
to "B-1" Neighborhood Business District on Lots 3 through 18, Block 2,
Koolside Addition, located on the north side of McArdle Road, between Lum
Avenue and Dorthy Drive.
Mayor Turner stated that both the Planning Commission and Planning Staff
recommend denial of "3-1", and in lieu thereof, that "AB" zoning be granted on
the properties currently zoned "R -1B" (Portion of Lots 6, 8, 10, and 11, and all
of Lot 7) and that as specific "3-1" redevelopment proposals arise, that they be
considered on a case-by-case basis.
Brandol Harvey, Director of Planning, provided the Council with background
information, stating that this rezoning application is an effort to examine the
appropriateness of non-residential zoning in the aforementioned block fronting
McArdle. He indicated that because various property owners along the McArdle
Minutes
Regular Council Meeting
July 11, 1989
Page 14
strip had been submitting individual zoning change requests to the City, the
Council had requested the Planning Commission and Planning Staff to consider
rezoning the entire block for neighborhood business.
Alice Terrell, City Planner, located the area on the zoning and land use
map and presented slides of the vicinity.
Mr. Harvey stated that in terms of policy statements adopted by the City
Council and previous action taken by the Council, previous zoning requests for
"B-1" have been denied in this area. He stated that occasionally, a special
permit in the "AB" district was allowed. He stated that the policy statements
adopted by the City Council tend to favor a strong protection of existing
single-family development. Mr. Harvey elaborated on the recommendations of the
Planning Commission and Planning Staff and briefly commented on the public
hearing.
Mr. Bob Bridges, 4105 Naples, played a three-minute cassette tape of the
Planning Commission meeting and spoke in support of "B -I" zoning for this area.
Mr. Virgil Howard, an attorney representing Mr. and Mrs. William Colson,
commented on a letter which was presented to the Council from a Mr. Gaye back in
1978. Mr. Howard provided background information of the entire area and spoke
in opposition to the proposed "AB" zoning.
Mr. Tony Bonilla, an attorney representing one of the property owners,
stated that this is not a residential area; it is a business area; and his
client is in favor of zoning it all business. Mr. Bonilla stated that the
highest and best use for the area is "B-1" zoning.
Mrs. Marie Colson, 6702 Yorktown, presented a petition to the Council in
favor of "B-1" zoning. Mrs. Colson indicated that she owns four lots on McArdle
which used to be rental property but which cannot be rented any more. She urged
the Council to grant the "B -I" zoning.
Mr. Earl Wilder requested that the Council be reasonable, logical and fair
when granting this zoning request.
Ms. Patsy Pyles, 6635 South Staples, one of the property owners, urged the
Council to grant "B-1" zoning for the area. Ms. Byles quoted prices of
comparables from certified appraisers. She indicated that she has been trying
to sell her property but has been unsuccessful because of the current zoning.
She stated that she has had inquiries from investors who are interested in
certain businesses which are not allowed in "AB" zoning.
Mr. Stoicho Calibatsef, 5634 McArdle Road, spoke in favor of the "B-1"
zoning.
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Regular Council Meeting
July 11, 1989
Page 15
A motion was made by Council Member Moss to close the public hearing;
seconded by Council Member Hunt and passed unanimously by those present and
voting.
In answer to a question from Mayor Turner, Planning Director Harvey
indicated that the requirements for fencing of "3-1" zoning would be the same as
for "AB" zoning. Mr. Harvey then explained the parking requirements for retail
businesses and professional offices.
Discussion followed and various Council Members expressed concern about the
property owners and indicated their approval of "3-1" zoning.
Council Member Rhodes stated that the area is no longer residential. She
indicated that the lots were bought as residential lots and are very small. She
expressed concern about the surrounding neighborhood if "3-1" zoning is granted.
Council Member Martin commented on the permitted uses for "3-1" zoning and
stated that the reason this hearing is being held is because the Council
initiated the case. He made a motion to amend the ordinance to include those
lots as applied for rezoning to "3-1" zoning. The motion was seconded by Mayor
Pro Tem Berlanga and passed by the following vote: Turner, Berlanga, Hunt,
Martin, McComb, Moss and Schwing voting, "Aye"; Rhodes voting, "No"; Guerrero
absent.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed, as amended:
ORDINANCE NO. 20712
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF THE CITY OF CORPUS
CHRISTI BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 3 THRU 18, BLOCK 2,
KOOLSIDE ADDITION, FROM "AB" PROFESSIONAL OFFICE DISTRICT AND "AB"
PROFESSIONAL OFFICE DISTRICT WITH SPECIAL PERMIT TO "3-1" NEIGHBORHOOD
BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance, as amended, passed
by the following vote: Turner, Berlanga, Hunt, Martin, McComb, Moss, and
Schwing voting, "Aye"; Rhodes voting, "No"; Guerrero absent.
* * * * * * * * * * * * * *
Council Member Martin stated that he would like to see a traffic analysis
study of plans in the area of the Blanche Moore tract.
Mr. Martin commented on the issue of the City's position and whether the
Council should adopt a Resolution on the apparent lawsuit regarding the rights
to the Nueces River Basin.
Minutes
Regular Council Meeting
July 11, 1989
Page 16
Mr. Martin inquired if Council action is necessary on the jail zoning
question, and City Manager Garza explained the memo which he sent the Council in
reference to this subject, stating that the City wanted to be certain that the
county conforms to the City's building codes.
Mayor Turner commented on the $7,500 needed by the Corpus Christi Arts
Center, noting that the City should continue to provide operating costs until
the center is in a position to be self-sustaining. This matter received some
discussion by the Council. Various sources of funding were discussed and it was
the consensus of the Council that the funding be included in next year's budget.
* * * * * * * * * * * * * *
Mayor Turner called for petitions from the audience on matters not
scheduled on the agenda.
Mr. Raymond Hasker, 1813 Wallace, commented on a letter he received from
the City Manager. He also commented on last year's budget recommendations by
the Council and referred to a cassette tape of a Council Meeting in the City
Secretary's office which had either been damaged or erased.
Dr. Miriam Wagenschein, 6810 Sahara Drive, remarked about the previous
zoning case and noted that the lots on McArdle are very small. She referred to
the comprehensive plan statements, noting that where "B-1" zoning backs up to
residential homes, additional buffering is needed.
Mr. Philip Rosenstein commented on a remark made by Mayor Turner at the RTA
meeting and expressed the opinion that the Mayor owes the public an apology.
* * * * * * * * * * * * *
The Council went into Closed Session at 5:45 p.m. pursuant to Article
6252-17, Section 2(e), V.A.C.S., to discuss pending litigation and settlement
offers in personal injury lawsuits. Cause Nos. 87-5219-C and 87-5445-P.
The Council came out of Closed Session and Mayor Turner adjourned the
Council Meeting at 6:20 p.m. on July 11, 1989.
* * * * * * * * * * * * *
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of July 11,
1989, which were approved by the City Council on July 18, 1989.
WITNESSETH MY HAND AND SEAL, this the nalday of
1989.
Be ty Turne , ayor
Armando Chapa
City Secretary