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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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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. lutes gular Council Meeting July 11, 1989 Page 7 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. Minutes 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 Minutes 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. Minutes 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 Minutes 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. Minutes Regular Council Meeting 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. Minutes 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. Minutes 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