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HomeMy WebLinkAboutMinutes City Council - 05/18/1999I 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 May 18, 1999, which were approved by the City Council on May 25, 1999. WITNESSETH MY HAND AND SEAL, this 25th day of May, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 18, 1999 2:27 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Javier D. Colmenero Melody Cooper Dr. Arnold Gonzales Rex A Kinnison Betty Jean Longoria John Longoria Mark Scott City Staff: City Manager David R. Garcia City Secretary Armando Chapa City Attorney James R. Bray Jr. Assistant City Attorney Alison Gallaway Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Edward Seeger, Corpus Christi Metro Ministries, following which the Pledge of Allegiance to the flag of the United States was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of May 11, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Mechanical/Plumbing Advisory Board Bud O'Bryan(Reappointed) Ronald Klepac (Reappointed) Herman Johnson (Reappointed) Sam Beecroft Clarence Neal Robert Knowles Animal Control Advisory Committee Drew Reining (Reappointed) Barbara Airheart (Reappointed) Building Standards Board D. Ray Jones (Reappointed) Paula Waddle (Reappointed) Beverly Bacak * * * * * * * * * * * * * Minutes Regular Council Meeting May 18, 1999 Page 2 Mayor Neal called for petitions from the audience. Council Member John Longoria asked to be allowed to read a prepared statement. He said following last week's Council meeting, he had received a call from a reporter who asked about funds that had been allocated during the public hearing for the Consolidated Annual Action Plan. He said he thought he had responded appropriately to the reporters' questions. However, Mr. Longoria said he was shocked at comments in a local newspaper column on May 16, 1999 that were attributed to him. Mr. Longoria apologized to the people of District 3, those in West Oso, and specifically the Noyola family. Mr. Longoria went on to say that he has won and lost elections with dignity. He said the comments in the newspaper were never spoken publicly and he said he would never use his position as a Council member to be vindictive. He said he has spoken with the West Oso ISD Superintendent about the comments and with the West Oso School Board, in which he pledged to work with them to fully fund their program next year when more funds will be available. The Mayor then referred to the public comment portion of the meeting. Mr. Roger Wright said there was not enough time in the three minutes allotted for public comment to fully discuss the pros and cons of "live-aboards" in the Corpus Christi Marina. He said in the next few weeks he will forward a comprehensive summary of the findings he developed about "live-aboards" while serving as a member of the Water/Shore Advisory Committee. He said he and others are willing to pay a reasonable fee for the privilege of living aboard their boats in the marina. Mr. Wright asked the Council to consider allowing those people who currently live aboard their boats to continue to do so. He said all of the other marinas in the area are full or have their maximum number of live-aboards, and they need more time to work on this issue beyond the deadline of June 30, 1999. Andy Ficken said he has been a marina customer over 20 years. He said living on one's boat in a marina is acceptable if the marina has the infrastructure to support it; he said Corpus Christi Marina does not. He commented on the need for insurance and he pointed out that marina customers signed a contract with the city which states that the person will not live aboard his or her boat. He said the boats would need sewer hook ups to allow live-aboards and he noted that those who live aboard do not pay city taxes. Mr. Danny Noyola, Superintendent of West Oso ISD, asked Council Member Longoria to clarify aspects of his earlier statement. Mr. Longoria replied that he thought they would be better able to fully fund the Skinner Elementary School project next year. He noted that several projects only received partial funding. Mr. Longoria also said he had a long conversation with people at the local newspaper about the comments in the newspaper. He said he told officials at the newspaper that the comments were not stated publicly or privately, which they had a disagreement about. Mr. Longoria and Mr. Noyola both commented on the need to maintain open communication. Minutes Regular Council Meeting May 18, 1999 Page 3 Mr. Abel Alonzo said he was angry and embarrassed about the column in last Sunday's newspaper regarding comments attributed to Mr. Longoria. He said he believes the majority of the community believes the reporter. Mr. Alonzo said the project proposed by West Oso ISD is an excellent one and city staff recommended it for funding. He urged the Council to reverse their decision from last week and fund the West Oso project. Ms. Kay Noyes, 930 Coral, said this is the 14th time she has appeared before the Council with the same concern that she has raised each time, and she is finally meeting with city staff about it the following morning. She said the city does not need lobbyists, studies or out-of-town professionals; rather, city officials need to listen to the input of citizens because their opinion matters. Mr. Jimmie Till, 6034 Lost Creek, said he thought it was incorrect for the Council to go into closed session during that meeting prior to discussing Item 15 on the day's agenda (regarding Corpus Christi Power & Light Company). Mayor Neal said public comment will be allowed on Item 15. Mr. John Tinder, 9450 SPID, said he believes the statements in Sunday's newspaper column pertaining to Mr. Longoria are true, adding that he is appalled about them. He urged the Council to not allow any Council members' particular interests to overtake the actions taken by the Council as a whole. Mr. J.E. O'Brien, 4130 Pompano, read from the 1990 Water Utility Cost of Service Rate Study, which made recommendations regarding changing the rates, including combining inside city limits customers into a single, declining block rate structure. He added that he hopes the Council will discuss the bait stand on the L -Head when they discuss "live-aboards" in the marina. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, presented the Council with a copy of a management effectiveness survey prepared by the University of Texas of the Permian Basin. He said the survey has been sent to over 600 individuals and they will be returned to the university rather than the CCPOA. Mr. Valencia added that when the results of the survey are compiled, they will be presented to the Council, the City Manager, and the Police Chief. Mr. Jose R. Marroquin, 2433 Allencrest, said the project proposed by West Oso ISD was recommended by city staff. He said he was disappointed with the remarks attributed to Mr. Longoria, and he urged the Council to reverse their action so as to allocate funding for the project. Former Mayor Jason Luby spoke positively about "live-aboards" in the marina, saying that the problems are created by transient boaters attracted to the vacant boat slips. He said he enjoys staying on his boat and he does not want to leave, adding that a precedent has been set to allow live- aboards in the marina and it will be very difficult to force them to leave now. Ms. Isabel Noyola Martin said Mr. Longoria acted maliciously in moving the funding from Minutes Regular Council Meeting May 18, 1999 Page 4 the West Oso project to three other projects due to what she said was a political payback. She urged the Council to grant the staff's recommendation for funding of $143,876 to the Skinner multipurpose social service facility. Mr. Jesse Noyola, 1006 Golden Gate Circle, said he accepted his defeat in the District 3 City Council race. He said he is ready to work with Mr. Longoria and the rest of the Council for the good of the community. Mr. Longoria said he thinks the whole project should be funded at one time, which may be a different philosophy than what other people believe. * * * * * * * * * * * * * Mayor Neal called for consideration of consent motions, resolutions, ordinances and ordinances from previous meetings on Items 3-11. A member of the audience requested that Item 10 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M99-141 Motion approving the purchase of three horizontal chopper pumps in accordance with Bid Invitation No. BI -0104-99, from Newman Engineered Equipment, Houston, Texas based on low bid of $34,020. This equipment will be used by the Wastewater Department to pump waste solids at the various wastewater treatment plants and is budgeted in the FY98-99 Capital Outlay. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 4. M99-142 Motion approving the purchase of two horizontal split case centrifugal pumps in accordance with Bid Invitation No. BI -0048-99 from A&H Enterprises Inc., Brownsville, Texas, based on the low bid of $29,800. The pumps will be used in the new Staples Street Pumping Plant. Funds are budgeted in the Capital Improvements Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 5. M99-143 Motion authorizing the City Manager or his designee to execute a construction contract with Casey Brothers Construction of Corpus Christi, Texas in the amount of $15,180 for the ADA Compliance: Oveal Williams Senior Center Walkway project. Minutes Regular Council Meeting May 18, 1999 Page 5 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6. M99-144 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $104,610 with Power Project Management of San Antonio, Texas for the Stevens River Station: pump building ti 1 discharge header valve replacement - FY 98-99. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 7. M99-145 Motion authorizing the acquisition of Parcel Nos. 2 and 2 U.E., located on Ennis Joslin Road between the Pharaoh Valley Golf Course and McArdle Road, for $56,929 in connection with the Spur 3, Phase 2 improvements project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8.a. M99-146 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $46,717 and execute a contract with the Corporation for National and Community Service for the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 8.b. ORDINANCE NO. 023636 Ordinance appropriating $46,717 from the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired and Senior Volunteer Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 9. M99-147 Motion amending the FY97 Annual Action Plan -Community Development Block Grant Minutes Regular Council Meeting May 18, 1999 Page 6 Program to provide $80,000 from the FY97 Community Development Block Grant Program for a summer clean-up project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 11. ORDINANCE NO. 023638 Amending the Code of Ordinances, Chapter 53, Section 53-254, Schedule V-- Increase of State Speed Limit in Certain Zones by increasing speed limits on sections of Holly Road and Cimmaron Boulevard as follows and providing for penalties: Holly Road from 35 mph to 40 mph, between Everhart Road and Staples Street; Holly Road from 35 mph to 45 mph, between Staples Street and Rodd Field Road; and Cimmaron Boulevard from 30 mph to 40 mph between Yorktown Boulevard to the south end of Cimmaron Boulevard. The foregoing ordinance passed on second reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * ** Mayor Neal opened discussion on Item 10, Consolidated Annual Action Plan. He called for comments from the audience. Mr. Danny Noyola said that in the best interest of the West Oso community, west side area, and the city, they must address what he called the unconscionable action that negated the recommendations of the staff and Planning Commission to fund the West Oso project. He described the project, which includes comprehensive health services; early childhood development area; senior citizen's programs and activities; youth and family intervention counseling services; multipurpose building for community activities; a lighted walking track in an intergenerational park; and a possible future public safety police substation. Mr. Noyola added that the Council should ensure that federal funds are appropriated through a fair, non-political process. He said that state law prohibits public oppression and retaliation against candidates or other individuals by elected officials. Mr. Noyola said he hopes the Council will reconsider their decision and fund the West Oso project. Mr. Ted Henderson, 472 Claremore, said he is an umpire with Oso Pony Baseball League and he said he does not recall the league receiving money in the last year that he has served on the board. He questioned the Council's decision to move the money from the West Oso project to the other projects, one of which was the International Westside Pony League. Mr. Henderson said if the Westside League wishes to make improvements to their field they should have fundraisers like the Oso League does rather than relying on CDBG funds, which should be used for projects that can help Minutes Regular Council Meeting May 18, 1999 Page 7 the whole community. He asked then to reverse their decision and fund the West Oso project. Ms. Mary K. Fant, 1022 Ponder St., expressed concern about the newspaper column. She noted that the West Oso project had been recommended by the Planning Commission and city staff, and she said she was looking forward to using the enclosed lighted track even though she does not live in District 3. A woman said the project would benefit the whole community, not just the Molina neighborhood. She asked the Council to reconsider funding that project. Mr. Jesse Noyola asked whether the Council knew the location of the other projects which benefitted from the moving of funds from the West Oso project. He said neither the Zavala Senior Center/Joe Garza Pool nor the Council on Alcohol and Drug Abuse were located in District 3. He asked the Council to give the funding back to the West Oso ISD where it belongs. Council Member Betty Jean Longoria said it is important for people to understand the process that takes place in allocating CDBG funds. She said the city received almost $14 million in requests to fund a variety of projects, all of which were very important; however, there was only $5.7 million available. She used the example about how the Council went against staff's recommendation and decided to move funds from another project in order to allocate monies for the central kitchen for senior citizens. Nueces County Commissioner David Noyola said the Council members have a responsibility as public officials to work with everyone in the community. He said they want the exact amount of money that was recommended by staff for the West Oso ISD project. He said if that is not granted, there will be an investigation because a public official made a statement. Mr. Danny Noyola discussed the need to build a westside clinic. He said the plan is to begin demolishing the first two wings at Skinner Elementary in order to start building the permanent facility there in January 2000. Council Member John Longoria noted that he has been through the CDBG process nine years (five years as the director of a non-profit organization and four years as a Council member). He said there is no way that an organization can receive everything they ask for. He added that the funds are prioritized based on the value of each project and there are no pools of money for each district. Mr. Longoria also discussed the issue of providing grant monies to school districts, and he noted that $500,000 has been allocated to the permanent health facility in the West Oso area for about five years. He said he was going to ask the City Manager to contact the Nueces County Hospital District to clarify the status of the health facility. Mr. Longoria then made a motion to take $25,000 each from Item 2 -ADA Compliance (Curb Ramp Improvements on Airport Road between Leopard and Old Brownsville Road) and Item 3- Minutes Regular Council Meeting May 18, 1999 Page 8 ADA Compliance (Curb Ramp Improvements on Ayers Street between Alameda/Staples and Port Avenue). Mr. Longoria's motion also included allocating that $50,000 to the West Oso ISD project. Council Member Gonzales seconded Mr. Longoria's motion. Council Member Cooper said she wished to amend Mr. Longoria's motion as follows: take $117,000 from Item 2 and take $26,000 from Item 3 in order to fully fund the West Oso project with $143,000. Mr. Longoria said he would oppose Ms. Cooper's proposed amendment because he does not support taking all of the funding away from Item 2. Council Member Betty Jean Longoria said that by allocating $50,000 to the West Oso project now, it can help get the process going, similar to providing funding for the design of the Senior's Central Kitchen in this funding year with construction dollars to follow in the next funding year. Ms. Cooper's motion died for lack of a second. City Secretary Chapa polled the Council for their votes on Mr. Longoria's motion to amend Items 10.a. and 10.b. It passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper voting "No." Mr. Chapa then polled the Council for their votes on Items 10.a. and 10.b. as follows: 10.a. M99-148 Motion adopting the FY99 Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnership programs. The foregoing motion passed, as amended, by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper voting "No." 10.b. RESOLUTION NO. 023637 Resolution adopting the City of Corpus Christi Consolidated Annual Action Plan for Community Planning and Development programs (CDBG, ESG, HOME) for FY99; authorizing the City Manager or his designee to submit the Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development; and authorizing the City Manager or his designee to make changes in the Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. The foregoing resolution passed, as amended, by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper voting "No." Minutes Regular Council Meeting May 18, 1999 Page 9 Mayor Neal opened the public hearing on the following zoning case: 12. Case No. 399-2. Salome F. M. De Paula: A change in zoning from an "R -IB" One -family Dwelling District to a "B-1" Neighborhood Business District on Windsor Park Unit 4, Block 35, Lot 2, located on the north side of Janssen Drive, approximately 70 feet east of Everhart Road. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-1" District, and in lieu thereof, approval of an "AB" Professional Office District with a special permit for a retail gift shop subject to seven conditions. Mayor Neal called for comments from the audience. He noted that the applicant concurs with the Planning Commission's recommendation. Ms. Margaret Zubby, 4814 Janssen, said that when she spoke at the Planning Commission hearing she did not have time to fully consider the ramifications of the changes; namely, that the zoning change would stay with the property if someone else buys it. She said she was not opposed to the applicant's proposed gift shop but she would be opposed to another business on the property in the future. Mr. Michael Gunning, Acting Director of Planning, said the Planning Commission supported the "AB" zoning. He noted that the property was granted a special permit in 1986 for a non- residential use, which had expired. He also discussed the conditions of this proposed special permit. Council Member Cooper made a motion to close the public hearing, seconded by Council Member John Longoria, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023639 Amending the Zoning Ordinance upon application by Salome F. M. De Paula, by changing the Zoning Map in reference to Lot 2, Block 35, Windsor Park Unit 4, from "R -1B" One - Family Dwelling District to "AB" Professional Office District and granting a special permit for a retail gift shop subject to seven conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened the public hearing on the following zoning case: 13. Case No. 399-4, South -Vest, Inc.: A change of zoning from an "R -1B" One -family Dwelling Minutes Regular Council Meeting May 18, 1999 Page 10 District to a "B-4" General Business District on Lexington Subdivision, Block 1, Lots 42A and 42B, located on the north side of Johanna Street, approximately 600 feet east of Ayers Street. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof, approval of an "AB" Professional Office District. No one appeared in opposition to the zoning change. Council Member Kinnison made a motion to close the public hearing, seconded by Council Member Scott, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023640 Amending the Zoning Ordinance upon application by South -Vest, Inc., by changing the zoning map in reference to Lots 42A and 42B, Block 1, Lexington Subdivision, from "R -1B" One -family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. Mayor Neal opened the public hearing on the following zoning case: 14. Case No. 399-5, Grover Kenneth Pagans: A change of zoning from an "A-1" Apartment House District to an "I-2" Light Industrial District on Gateway Park, Block 4, Lots 16 and 17, located on the east side of Cline Street, approximately 250 feet south of South Padre Island Drive. City Secretary Chapa said the Planning Commission and staff recommended denial of the "I-2" District, and in lieu thereof, approval of a "B-3" Business District with a special permit for outside boat storage subject to two conditions. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023641 Amending the Zoning Ordinance upon application by Grover Kenneth Pagans, by changing Minutes Regular Council Meeting May 18, 1999 Page 11 the zoning map in reference to Lots 16 and 17, Block 4, Gateway Park from "A-1" Apartment House District to "B-3" Business District and granting a special permit for outside boat storage subject to two conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Cooper absent. * * * * * * * * * * * * * Mayor Neal announced the two closed sessions, pursuant to Texas Government Code Section 551.071, regarding the following: application of Corpus Christi Power & Light Company for a certificate of convenience and necessity in Nueces and San Patricio Counties, before the Office of Administrative Hearings, SOAH Docket No. 473-98-1916, PUC Docket No. 19950; and application of Central and Southwest Corporation and American Electric Power Company Inc., regarding proposed business combination, State Office of Administrative Hearings, SOAH Docket No. 473-98-0839, PUC Docket No. 19265. The Council went into closed session. The Council returned from closed session. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 15 regarding Corpus Christi Power and Light (CCPL). The Mayor then made a motion to amend Item 15 by amending one of the preambles, adding another preamble, and amending Sections 2 and 3 of the proposed resolution. Council Member Gonzales seconded the motion to amend. The Mayor called for comments from the audience. Mr. Tony Canales, an attorney representing Central Power and Light Company, said he understood that the amendments read by the Mayor constituted the entire resolution. He said the other preambles in the original resolution are acting as findings of fact which CPL does not believe to be true findings of fact. Mr. Mark White said the thrust of CCPL's request is that the Council consent to the inclusion of the City of Corpus Christi in CCPL's application for a certificate of convenience and necessity. He said the city reserves certain rights, which they have expressed in the resolution with which CCPL does not disagree. Mr. Juan Garza, President of CCPL, said the document read by the Mayor was shown to the parties and described by the City Manager as an amendment to the resolution rather than the entire resolution. Minutes Regular Council Meeting May 18, 1999 Page 12 Mr. White asked that the parties be allowed to further discuss the issue. Mayor Neal agreed, saying they would return to the discussion of Item 15 later in the meeting. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 16, revisions to the Building, Gas, Mechanical, and Plumbing Codes. He called for comments from the audience, and there were none. Responding to Council Member Garrett, Mr. Norbert Hart, Director of Housing and Community Development, explained that these revisions are made every six years. He said the current code contains outdated material compared to what the industry is practicing; in addition, the Texas Natural Resource Conservation Commission is calling for the implementation of some backflow requirements. Mr. Hart added that the reason the city is involved in adopting the Texas windstorm requirements is that should the insurance industry not insure homes in Corpus Christi, they will be uninsurable through the Texas CATPOOL, or the Texas Windstorm Insurance Association (TWIA). He added that currently the industry is insuring homes for hurricanes in Corpus Christi, but it is a voluntary effort and they can drop out at any time. Mr. Garrett asked how the windstorm requirements will affect homeowners in Corpus Christi. Mr. Hart replied that the percentage increase in the cost of homes is about 3% to 5%. He said builders in Corpus Christi are constructing to the current windstorm code in general because the mortgage companies and banks are requiring that they have a certificate from the Texas Department of Insurance (TDI) before they will insure or mortgage homes. City Manager Garcia reiterated that one of the key ways this will affect home buyers is to ensure that the city will continue to be eligible for windstorm insurance for new homes. He said part of the reason the city has to update the building codes regularly is because the technology and materials change. He said the reason for the 3% increase is due to more stringent construction standards. Mr. Garrett asked about reconstructing damage to one's home. Mr. Hart said only the part that is being replaced will have to conform with the new code. He added that either the homeowner, the contractor, or the engineer will provide the city with a copy of their WPI -2 application, at which time the city will issue a certificate of occupancy. He said the WPI -2 indicates that the home has been certified by an engineer or it has passed inspection by a Texas Department of Insurance inspector. Responding to Council Member Gonzales, Mr. Hart said the city is lobbying to have the law changed so that municipalities are authorized to conduct inspections for TDI. Mr. Garcia said it involves a conflict between the insurance industry and local inspectors. He said the insurance Minutes Regular Council Meeting May 18, 1999 Page 13 industry has a strong vested interest in ensuring that the windstorm requirements are stringently enforced. He said they feel the city's inspectors may be too close to the local industry and may not be as stringent; however, he said the city feels their inspectors are qualified to do the work. Dr. Gonzales expressed concern about that practice. Mayor Neal explained that the Texas Catastrophe Property Insurance Association (now known as the Texas Windstorm Insurance Association) was created by the Legislature in 1971 to write insurance on the first 14 counties that touch the Gulf of Mexico. In 1972 the Southern Standard Building Code was amended by a more restrictive code for constructing primary dwellings. He said that after Hurricane Andrew hit Florida, the TWIA had a study done of the code which called for a strengthening of the building code in the first 14 counties, which passed. With regard to inspectors, he said the TWIA has the right to have their own inspectors. The argument in the Legislature now is to let cities like Corpus Christi use their building inspectors to perform the inspection at the time the construction is being done. The Mayor went on to say that Corpus Christi has no choice but to adopt the new building codes, including the windstorm provisions which were adopted by the state on September 1, 1998. City Manager Garcia said the home building industry is very comfortable about continuing to meet the code on a voluntary basis, which is the situation now, but the new codes need to be adopted. Dr. Gonzales asked if Calallen is included in the code, and Mr. Hart said it was, although they are lobbying to change that because Robstown is not included. Responding to another question from Dr. Gonzales, Mr. Art Sosa, Building Official, briefly explained the city inspectors' work process. He pointed out that most of the city's inspectors have the Coastal Construction Certification, just as the TDI inspectors do, but they are not authorized to conduct the inspections. Dr. Gonzales said it will cost people a lot of money to repair their homes when a major storm hits Corpus Christi. Mayor Neal replied that if an insurance agent has provided the coverage properly, the policies will be written on a replacement cost basis, which is "old for new" without depreciation (subject to the deductible). The area of concern is the difference between the old code and the rebuilding to the new code (known as "ordinance or law"). He said there is a bill to allow the TWIA to include an endorsement on their policy to provide "ordinance or law" as long as it is only for the part that is repaired, which is what the city's code states. Mr. Bill Fleeman, 8033 Villefranche Dr., said he was addressing the Council as an existing homeowner rather than as a builder. He used the example that his current garage door costs about $550 and a replacement door would cost $900, which would be paid through the insurance policy. Mayor Neal said that is not known for sure, which is the major concern. Mr. Fleeman said any home built before 1988 is "grandfathered" into the code and is guaranteed to get CATPOOL insurance. Responding to Council Member Scott, Mayor Neal said that if the proposed legislation fails, Minutes Regular Council Meeting May 18, 1999 Page 14 the TDI would have to rule on the issue. Mr. Scott also asked what procedure would be followed if a city inspector finds a windstorm code deficiency in a building. Mr. Sosa said the TDI does not honor the city's inspections or their plan review. Mr. Scott said that if the issue of inspectors is not resolved at the legislative level, the city should consider a resolution urging the TDI to change their policy. Mayor Neal agreed, saying that he has personally talked with Mr. Montemayor, Chairman of the Texas Department of Insurance, about that issue. In reply to Council Member Colmenero, Mr. Sosa said a major deficiency in the TDI code is that they do not do plan review, while the city does an extensive plan review, which he explained. He said if the city inspectors are allowed to conduct the inspections, the process should be swifter, particularly regarding appeals. The City Manager pointed out that most of what the Council was being asked to approve is not related to the windstorm provisions. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as follows: 16.a. FIRST READING ORDINANCE Revising Section 13-1, Administration, Chapter 13, Buildings; Construction and Related Operations; Housing and Housing Premises Standards, Code of Ordinances, City of Corpus Christi, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.b. FIRST READING ORDINANCE Revising Section 13-2, Building Code, of the City Code of Ordinances, by incorporation of Southern Building Code Congress International (SBCCI) Standard Building Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.c. FIRST READING ORDINANCE Revising Section 13-4, Gas Code, of the City Code of Ordinances, by incorporation of the SBCCI Standard Gas Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Minutes Regular Council Meeting May 18, 1999 Page 15 Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.d. FIRST READING ORDINANCE Revising Section 13-5, Mechanical Code, of the City Code of Ordinances, by incorporation of the SBCCI Standard Mechanical Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.e. FIRST READING ORDINANCE Revising Section 13-6, Plumbing Code, of the City Code of Ordinances, by incorporation of the SBCCI Standard Plumbing Code, 1997 Edition, providing for penalties, and an effective date of July 5, 1999. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 16.f. FIRST READING ORDINANCE Adding Article XVII, to Chapter 55, Utilities, of the City Code of Ordinances, regarding grease interceptors and oil/sand interceptors, providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal returned to the discussion on Item 15 regarding CCPL. Mr. Canales said all the parties have examined the proposed amended resolution, and it satisfies the objections he had raised earlier. He said CPL's position is that they do not oppose or support the resolution but they will take their fight to the Texas Public Utility Commission. Mr. Canales also filed a fact sheet with the City Secretary for the record. Mr. White said he would not spend time pointing out what he said were deficiencies in the document submitted by Mr. Canales, although they would be willing to answer any questions. Mr. White said CCPL's goal is to bring competitive electric rates to the people of Corpus Christi. He said they hope to gain the support of the PUC and they will answer CPL's questions. He added that CCPL intends to build the necessary facilities to operate the utility and they have the financing to do so. Minutes Regular Council Meeting May 18, 1999 Page 16 Mayor Neal made a motion to amend Item 15 with the substitute resolution as approved by the parties, seconded by Council Member Gonzales The Mayor called for a voice vote on the motion to amend, and it passed unanimously. City Secretary Chapa polled the Council for their votes: 15. RESOLUTION NO. 023642 Resolution consenting to the inclusion of the City of Corpus Christi in the Certificate of Convenience and Necessity application of Corpus Christi Power & Light Company, L.C. The foregoing resolution passed, as amended, by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * Mayor Neal opened discussion on Item 17, Fire Prevention Code. He called for comments from the audience, and there were none. City Secretary Chapa polled the Council for their votes: 17. FIRST READING ORDINANCE Revising Section 18-1, Fire Prevention Code, of the City Code of Ordinances by incorporation of the Standard Building Code, 1997 Edition; providing for penalties and an effective date of July 5, 1999. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." * * * * * * * * * * * * * With regard to Item 18, City Manager Garcia said that representatives of the LBJ School of Public Affairs at the University of Texas at Austin were unable to come to Corpus Christi to make a presentation about this item due to scheduling conflicts. He said city staff had placed this item on the agenda at the request of the Council's Administrative Analysis Committee. Mr. Garcia suggested the Council table this item until the representatives can be here. Council Member Kinnison said the city's contract with the LBJ School expires on May 31st. He said it would be good to have them attend the Council's meeting next Tuesday. He also requested a draft copy of their report. Council Member Betty Jean Longoria made a motion to table Item 18 until May 25, 1999, seconded by Council Member Cooper, and passed. 18. TABLED Motion authorizing the City Manager or his designee to extend, at no additional cost to the Minutes Regular Council Meeting May 18, 1999 Page 17 city, thc termination datc of the interlocal agreement between thc City of Corpus Christi and thc University of Texas at Austin beyond thc current contract date of May 31,1999, for a minimum of 90 days or a maximum of 120 days to conduct a study of minority owned La,;..csscs a.,d-wca.nen owned businesses. * * * * * * * * * * * * * Mayor Neal called for the City Manager's report. Mr. Garcia said staff is preparing a revised Water Conservation and Drought Contingency Plan that must be submitted to the TNRCC by September 1, 1999, part of the requirement of Senate Bill 1. He said the plan will be considered by the Water Conservation Advisory Committee and the Regional Water Planning Group, with Council consideration to follow in mid-July. Mr. Garcia said items scheduled for May 25th include a joint meeting with the Crime Control and Prevention District Board; proposed amendment to the oil and gas ordinance regarding seismic tests; financial policy guidelines; and a contract for the city's natural gas supplier. Mayor Neal noted that there were no Council reports. There being no further business to come before the Council, the Mayor declared the Council meeting adjourned at 6:00 p.m. on May 18, 1999. * * * * * * * * * * * * *