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HomeMy WebLinkAboutMinutes City Council - 07/31/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 31, 1984 2:00 P.M. Present: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero *Dr. Charles W. Kennedy, Jr. Joe McComb Frank Mendez Mary Pat Slavik City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member David Berlanga, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Betty N. Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones stated that the Council would like to pass a resolution in honor of Sgt. Ruben Almanza who died on July 28, 1984 as a result of protecting his fellow citizens on July 27, 1984. RESOLUTION NO. 18382 IN GRATEFUL RECOGNITION OF SGT. RUBEN ALMANZA'S ACCOMPLISHMENTS AND ACTS OF BRAVERY, LOYALTY AND RESPONSIBILITY, THE CITIZENS OF THE COMMUNITY JOIN IN MOURNING THE LOSS OF THIS OUTSTANDING LAW-ENFORCEMENT OFFICER AND EXTEND THEIR HEARTFELT CONDOLENCES TO HIS FAMILY. Council Member Leo Guerrero made a motion to change the name of Surrey Park to Ruben Almanza Park and that dedication ceremonies be arranged. The motion was seconded by Council Member David Berlanga and passed unanimously. A motion was made by Mayor Pro Tem Turner that the minutes of July 17 and 24, 1984 and the Special Council Meeting of July 12, 1984 be approved, seconded by Council Member Welder Brown, and passed unanimously. * * * * * * * * * * * * lutes .:gular Council Meeting July 31, 1984 Page 2 Mayor Jones introduced visiting foreign dignitaries, Iwao Sugiyama, Vice Mayor and Ryoji Machida, Chief Liaison & Foreign Affairs Secretary of Yokosuka, Japan. He stated that under the student exchange program, four students from Corpus Christi are in Japan and four students from Japan are in the City. He then presented plaques to both men for their dedicated services on the Exchange Program. Vice Mayor Sugiyama stated that it was a great honor to receive the plaque and he has enjoyed visiting Corpus Christi. Mayor Jones then presented retirement plaques to the following employees: NAME Kenneth E. Lewis Domingo Jasso *Walter A. Scott Rafael C. Perez Joseph Wagner Leopoldo Mendez Francisco Ramos Samuel White *Charles C. Holloway *John A. Janosek DEPARTMENT POSITION YEARS OF SERVICE Wastewater Street Street Street Utilities Water Fire Fire Fire Fire * Unable to attend meeting Tradeshelper Equipment Operator Laborer Laborer Utilities Serviceperson Meter Repairman Firefighter II Firefighter II Fire Captain Fire Captain Mayor Jones then administered the oath to Mr. Chuck member of the Food Service Advisory Board. * * * * * * * * * * 15 17 24 16 36 27 28 29 35 36 Kovar, newly appointed Mayor Jones called for the Consent Motions, items 1 through 8, and called for comments from the Council. 1. Bids be received August 21, 1984 for twelve months supply agreement, with an option to extend for an additional twelve months, subject to the approval of the seller and the City Manager, or his designee, for liquid chlorine delivered in tank cars, for use in water treating. Estimated annual expenditure $94,750. 2. Bids be received August 22, 1984 for twelve months supply agreement, with an option to extend for an additional twelve months, at the same terms and conditions, subject to the approval of the supplier and the City Manager, or his designee, for radio repair parts and accessories for Radio Mainten- ance. Estimated annual expenditure, G.E. - $75,000; Motorola - $25,000. 3. The City Manager or his designee be authorized to execute a lease with the Housing Authority for Wayside Meal Site (Clairelaine Gardens). The lease is for a period of twenty-four months. The lease continues an agreement with the Housing Authority which permits the City the use and occupancy of an apartment for providing nutrition and social services to residents of Clairelaine Gardens and surrounding neighborhoods. lutes .e.gular Council Meeting July 31, 1984 Page 3 4. Approval of Tax Appraisal and Collection Rolls - City of Corpus Christi - For the Roll Year 1984 in accordance with Sec. 26.09(e) of the Texas Property Tax Code which requires the Assessor to submit the appraisal roll to the governing body. 5. Approving a cooperative contract with the United States Geological Survey for stream flow gauging stations from October 1, 1983 to September 30, 1984 to measure flows into Lake Corpus Christi. The City's 50% share of oper- ational costs is $8,085. Funds are budgeted in the Water Fund for this expenditure. The gauging stations are located on the Nueces River at Cotulla and near Tilden, and on the Frio River near Derby. 6. Plans and specifications be approved for Phase II of the Furman School Area Street Improvement project, and bids be received on August 28, 1984. Residential streets proposed for reconstruction under this 10th Year Community Development Block Grant project are as follows: llth Street, from Morgan Avenue to Morris Avenue 12th Street, from Craig Street to Morris Avenue Craig Street, from 10th Street to Brownlee Blvd. Buford Street, from 10th Street to Brownlee Blvd. Hancock Street, from 10th Street to Brownlee Blvd. Coleman Street, from 10th Street to Brownlee Blvd. 7. Approving the request by Bayfest, Inc., to close North Shoreline Blvd. between Belden and Hughes Streets, from Friday, September 21 until Wednesday, October 3, 1984, so Bayfest '84 can be celebrated on September 28, 29, and 30, 1984. 8. Approval to settle liability claim #7900198 in the amount of $300,000. Referring to item 3, Council Member Frank Mendez inquired if janitorial services were provided at the mealsites, and City Manager Martin stated that it depends on who the site belongs to; if the site does not belong to Senior Community Services, then this services must be paid for. *Council Member Charles Kennedy arrived at the meeting at 2:32 p.m. Council Member Mendez stated that he had been told that zavala Center does not receive janitorial services and Mr. Martin stated that they do. Council Member Brown inquired as to the cost of the lease and Assistant City Manager Tom Utter stated that there is no cost. Council Member Guerrero asked City Manager Martin if he had any comments on item 4, approval of Tax Appraisal and Collection Rolls. City Manager Martin stated that this is a technical item that the Council needs to approve and that the rolls have been certified by the Assessor. lutes :gular Council Meeting July 31, 1984 Page 4 Mayor Jones inquired about the homestead exemption and Chuck Daley, Director of Finance, stated that the figure used is the percentage as opposed to the flat rate. Council Member Slavik inquired about account value loss and City Manager Martin stated that this is agricultural loss; the City has $135 million in losses from property that is taking an agricultural exemption; and that this is taxed at a lower level than other property. Council Member Berlanga inquired if approval of the rolls related to adopting the budget and Mr. Martin stated this probably is not necessary since the tax system has changed, but that this does not relate to setting the tax rate or adopting the budget. Mayor Jones stated that this represents $6 billion of City property that is subject to taxes. Council Member Mendez, referring to item 7, inquired if the lease for Bayfest was for three years. City Manager Martin stated that this item is just closing the street and does not pertain to the lease, although Bayfest's lease does expire this year. Mayor Jones called for comments from the audience on items 1 through 8, Consent Motions, and there was no response. A motion was made by Council Member Slavik that Consent Motions, items 1 through 8, be approved, seconded by Council Member Guerrero, and passed unanimously. * * * * * * * * * * Mayor Jones called for the Consent Ordinances and Ordinance Meetings on items 9 through 28. In regard to item 9, resolutions for Mr. Barry Pillinger Kutchiski, Mayor Jones asked that City Secretary Read arrange for of the resolutions. from Previous and Mr. Paul a presentation Council Member Guerrero inquired about item 16, the lease with the School Land Board for Corpus Christi Beach, and Mr. Martin stated that the City has a lease for land on Corpus Christi Beach; the lease was made void as part of a 1979 lawsuit because the State did not publish the lease in the proper form; and this ordinance is the same lease being reissued. Assistant City Manager Utter stated that there were two lawsuits filed by Jack Davis; the first regarding territorial rights, and the second, Mr. Davis filed the morning of the meeting of the School Land Board. He also stated that this morning a motion to dismiss the second lawsuit by Jack Davis was received; the School Land Board had stated they were aware of the lawsuits, but they gave the City the lease anyway; and the lawsuit does not affect this lease. lutes .gular Council Meeting July 31, 1984 Page 5 In regard to item 10, the purchase of buses, Council Member Brown asked how many bid invitations were mailed and Mr. Tom Niskala, Transit General Manager, stated that six invitations had been sent, and the reason only one bid was received is that there is only one manufacturer of this type of small bus. Council Member Slavik inquired as to the cost per bus and Mr. Niskala stated it was $91,000 each. Mr. Martin stated that the City had done a price comparison and prices for this type of bus ranged from $88,000 to $108,000. Mayor Pro Tem Turner inquired if the appropriation referred to in item 12 for the Associate Curator was in the Budget and Mr. Martin stated that it was in the bond fund and that this position would be eliminated. Mayor Pro Tem Turner, referring to item 15, asked what would become of the remaining funds and City Manager Martin stated that those funds would remain in the Police Building Bond Fund and could possibly be used for architectural work, emphasizing that the funds would not be used on other projects. In regard to item 18, appropriating $1,659 for appraisal services, Mayor Pro Tem Turner inquired if this was approving work after it had already been done, and Assistant City Manager Lontos stated that the appraisal work had already been performed. She then inquired if it was necessary for the Council to approve the actual appraisal and Mr. Martin stated that since it was under $5,000; therefore Council approval was not necessary. Mrs. Turner inquired as to how the staff would make comparison, since the appraisal was for taxiways at the Airport, and Mr. Lontos stated that industrial sites were used for comparison. Mrs. Turner asked why the staff could expend an amount under $5,000, but needed Council approval for the appropriation and Mr. Martin stated that it was necessary because the money was being appropriated from a bond fund. Mayor Pro Tem Turner, referring to the lease with Central Park Little League, stated that this lease would not become effective until November, if Proposition 2 passes on August 11. Referring to item 22, the cession agreement with the City of Port Aransas, Mayor Jones asked for an explanation and Assistant City Manager Utter displayed a transparency of the area and explained the cession agreement. Mayor Jones called for comments from the audience on the Consent Ordinances, items 9 through 28. Mr. J. E. O'Brien, 4130 Pompano questioned the annexation of land until the water crisis has passed. He also referred to item 16, the lease with the School Land Board, and stated that action should be taken against the City Attorney for approving the lease that the Council approved in July of 1983. Mayor Pro Tem Turner inquired if the newly annexed areas would receive water, noting that Mr. O'Brien's idea about not annexing land is worthy of lutes _.egular Council Meeting July 31, 1984 Page 6 further investigation. Mr. Utter stated that the areas are undeveloped and Mr. Martin stated that if Mrs. Turner agreed with Mr. O'Brien's comments, then the Council should deal with that issue now. Council Member Mendez inquired if the City provided water to the Riverside area and Mr. Larry Wenger, Director of Planning, stated that the City did not. Council Member Slavik stated that she agreed with Mr. O'Brien's comments on annexation and inquired as to the number of residential units that were being annexed. Mr. Wenger stated that there is a small portion of a subdivision that has 300 units planned. Mr. John Stensland, 337 Primrose, asked why the City was acquiring the parcel of land in item 17. Mayor Jones stated that the City wants to buy this land to protect the Navy. Mr. Stensland indicated that the Navy had the funds to purchase this land and Mayor Jones stated that the funds had never been approved in the Navy's budget; if the City waited for that approval, it would defeat the purpose for which the bonds were sold; and that land purchases for the Navy Clear Zones are low priority. There were no further comments from the Council or the audience on the Consent Ordinances; City Secretary Read polled the Council for their votes and the following ordinances passed as follows: 9. RESOLUTION NO. 18360 COMMENDING MR. BARRY PILLINGER AND MR. PAUL KUTCHISKI FOR THEIR SERVICE ON THE CONSULTANT SELECTION COMMITTEE AT OSO-WESTSIDE MASTER PLAN STUDY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 10. ORDINANCE NO. 18361 APPROVING THE PURCHASE OF THREE TRANSIT BUSES, ONE SPARE ENGINE AND ONE AIR CONDITIONER COMPRESSOR FROM SKILLCRAFT INDUSTRIES; APPROPRIATING $294,928; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. utes --gular Council Meeting July 31, 1984 Page 7 11. ORDINANCE NO. 18362 APPROPRIATING $107,694.63 FROM THE NO. 162 FEDERAL/STATE GRANTS FOR PREVIOUSLY APPROVED SIXTH AND EIGHTH YEAR COMMUNITY DEVELOPMENT UTILITY RELOCATIONS AND IMPROVEMENT PROJECTS; AUTHORIZING REIMBURSEMENT TO THE NO. 106 GAS FUND FOR SAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 12. ORDINANCE NO. 18363 APPROPRIATING $8,045.44 FOR COMPLETION OF EXHIBIT SPACE IN THE NORTH WING, FOR REIMBURSEMENT TO THE CORPUS CHRISTI MUSEUM BUDGET TO PROVIDE FOR CONTINUATION OF THE TEMPORARY ASSOCIATE CURATOR POSITION, AND TO COMPLETE ILLUSTRATIVE ART WORK IN EXHIBITS AND EXHIBIT AREA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 13. ORDINANCE NO. 18364 APPROPRIATING $93,453.34 TO SUPPLEMENT $217,628.71 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON EXHIBIT "A" TO REIMBURSE THE GENERAL FUND FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 14. ORDINANCE NO. 18365 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HIPP/HOLLAND DEVELOPMENT, BOLLER/BATES AND HERNDON PROPERTIES RELATING TO THE DEVELOPMENT OF AN OFFICE PARK IN LOTS 11C AND 11D, GARVIN SUBDIVISION, PROVIDING FOR THE DEFERRAL OF CONSTRUCTION OF OFFSITE STORM SEWER; REQUIRING A LETTER OF CREDIT FROM THE DEVELOPERS SECURING THE COST OF SUCH STORM SEWER CONSTRUCTION; AUTHORIZING THE FILING OF THE PLAT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 15. ORDINANCE NO. 18366 AUTHORIZING THE EXECUTION OF A CONTRACT WITH KIESEL CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF TWO PORTABLE BUILDINGS FOR THE POLICE COMMUNITY SERVICES DIVISION AND WARRANT DIVISION; APPROPRIATING $73,000; AND DECLARING AN EMERGENCY. autes _.egular Council Meeting July 31, 1984 Page 8 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 16. ORDINANCE 18367 AUTHORIZING THE EXECUTION OF A LEASE FROM THE SCHOOL LAND BOARD FOR CERTAIN STATE OWNED LANDS INCLUDING THE RESTORED CORPUS CHRISTI BEACH FOR A PERIOD OF 50 YEARS FOR WHICH PAYMENT WAS MADE BY THE CITY IN 1976; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 17. ORDINANCE NO. 18368 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 40 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $40,467; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 18. ORDINANCE NO. 18369 APPROPRIATING $1,659 FROM THE NO. 245 AIRPORT BOND FUND FOR APPRAISAL SERVICES BY SIDNEY H. SMITH, III IN CONNECTION WITH THE CORPUS CHRISTI AIRPORT TAXIWAY LEASES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 19. ORDINANCE NO. 18370 AUTHORIZING REIMBURSEMENT TO SMITH TRACT ASSOCIATES FOR THE INSTALLATION OF APPROXIMATELY 2,460 LINEAR FEET OF 20 INCH WATER GRID MAIN; APPROPRIATING $85,108.68; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 20. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE FOR A 4.10 ACRE TRACT OF LAND IN PRICE PARK FOR CONDUCTING A LITTLE LEAGUE PROGRAM. utes .pular Council Meeting July 31, 1984 Page 9 The foregoing ordinance as read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 21. FIRST READING CLOSING AND ABANDONING 60 FOOT WIDE MESTINA STREET, FROM THE WESTERLY RIGHT-OF-WAY OF NORTH STAPLES STREET TO THE EASTERLY RIGHT-OF-WAY OF SAM RANKIN STREET, AND 60 FOOT WIDE NORTH ALAMEDA STREET, FROM THE NORTHERLY RIGHT-OF-WAY OF LIPAN STREET TO THE SOUTHERLY RIGHT-OF-WAY OF LEOPARD STREET TO BECOME EFFECTIVE FEBRUARY 1, 1985. The foregoing ordinance as read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 22. SECOND READING PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, MAPS OF THE SAME, MARKED EXHIBIT "A" AND "A-1", BEING ATTACHED HERETO, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, AS DEFINED BY ARTICLE 970A, V.A.C.S., TEXAS, BY WRITTEN AGREEMENT, MARKED EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ARTICLE 970A, V.A.C.S., SECTIONS 3.B. AND C.; PROVIDING FOR PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoing ordinance as read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 23. ORDINANCE NO. 18371 FINDING THAT THE COST OF PROVIDING LOCAL CHARTER BUS SERVICE HAS INCREASED; ESTABLISHING NEW RATES FOR LOCAL CHARTER BUS SERVICE; AMENDING ORDINANCE 16369; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance as read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 24. ORDINANCE NO. 18372 GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE (5) YEARS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR PUBLICATION. nutes ..egular Council Meeting July 31, 1984 Page 10 The foregoing ordinance as read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 25. ORDINANCE NO. 18373 AMENDING SECTIONS 53-252, SCHEDULE III - PARKING CERTAIN STREETS, AND 53-253, SCHEDULE IV - STOPPING CERTAIN HOURS ON CERTAIN STREETS, OF THE CODE OF ADDING DIFFERENT STREET SECTIONS TO THE SCHEDULES; PROVIDING FOR PUBLICATION. The foregoing ordinance as read for the third time vote: Jones, Turner, Berlanga, Guerrero, Kennedy, voting "aye"; Brown absent at the time the vote was 26. ORDINANCE NO. 18374 PROHIBITED AT ALL TIMES ON , STANDING OR PARKING DURING ORDINANCES BY DELETING AND PROVIDING FOR SEVERANCE; AND and passed by the following McComb, Mendez, and Slavik taken. AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CHARLES J. SMITH AND MICHAEL E. JOHNSON FOR THE ANNEXATION OF A PORTION OUT OF LOTS 1 AND 2, BLOCK 1, NUECES RIVER IRRIGATION PARK, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance as read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 27. ORDINANCE NO. 18375 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND LAKE PLACID TOWNHOMES, INC. FOR THE ANNEXATION OF A PORTION OUT OF LOTS 31 AND 32, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The foregoing ordinance as read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. 28. ORDINANCE NO. 18376 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EIGHTEEN EIGHTY NINE GROUP FOR THE ANNEXATION OF A PORTION OUT OF TRACT 4, MCINTYRE PARTITION OUT OF THE MARIANO LOPEZ de HERRERA GRANT, ABSTRACT NO. 606, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. utes .-gular Council Meeting July 31, 1984 Page 11 The foregoing ordinance as read for the third time and passed by the following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Brown absent at the time the vote was taken. * * * * * * * * * * Mayor Jones called for Action by Motion on the Regular Agenda. 29. Authorizing the placement of 1982 bond program, at a site and Weber Road intersections located on Commodore Drive, Island Drive and Farm Road 53 the southside fire station, approved in the approximately 400 feet north of the WOW Road and that the Padre Island Fire Station be approximately 1,000 feet west of the Padre intersection. City Manager Martin stated that these sites were tested; the study determined that fire stations were needed on Padre Island and in the Weber/Saratoga area; land for the Padre Island Fire Station had been set aside by Padre Island Development Corporation; therefore, there is no land acquisition for the Padre Island site. Council Member Slavik inquired as to when the Padre Island station would be constructed and Mr. Martin stated that the Weber station would be constructed first, and hopefully the Padre Island Station would begin in the fall of 1985. Mayor Jones called for comments on motion 29 and and there was no response. A motion was made by Council Member Berlanga that item 29 be approved; seconded by Council Member Slavik, and passed unanimously by those present and voting. * * * * * * * * * * In regard to ordinance 30, Mayor Jones inquired if the staff was satisfied with the site for the Weber Road fire station and Mr. Martin stated that it needed to be some distance from a main street for safety reasons. Mayor Pro Tem Turner asked what the surrounding zoning was and Mr. Wenger stated that the majority of the land was zoned "I-2" and is located inside the city limits and a small portion is zoned "B-4". Mr. Wenger stated further that this is a good location for the fire station. Mayor Jones called for comments on Ordinance 30 and there was no response; City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: 30. ORDINANCE NO. 18377 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE SARATOGA-WEBER AREA FIRE STATION PROJECT; APPROPRIATING $219,870.10; AND DECLARING AN EMERGENCY. utes _gular Council Meeting July 31, 1984 Page 12 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting "aye"; Slavik absent at the time the vote was taken. * * * * * * * * * * Mayor Jones called for comments from the Council on Ordinance 31 (adopting the Budget) and Ordinance 32 (setting the tax rate). Council Member Berlanga inquired if the budget was based on the figures they had approved in item 4. City Manager Martin stated that adoption of the budget does not relate to those figures; the budget requires a tax rate of 56.8. Council Member Berlanga stated that ordinances 31 and 32 seemed identical and Mayor Jones stated that ordinance 31 sets out the budget and anticipated expenditures and ordinance 32 sets the tax rate. He stated further that if the propositions pass on August 11, $2.5 million would have to be cut from the budget. Mayor Jones inquired if the 4% cost of living raise for City employees could be supported by the 56.8 tax rate if the propositions pass and City Manager Martin stated that the raise could not be supported; if the budget and the tax rate are adopted, there will be $371 million that is unallocated; if the propositions pass a $2.5 million adjustment would have to be made, and this could include reduction in services. Council Member Berlanga inquired if by adopting the budget, was the tax rate being adopted also. Mr. Martin stated that by law, the tax rate must be adopted after the budget. Mayor Jones stated that by approving and adopting the Budget, this gives the staff authority to expend the money. Council Member Mendez stated that the Council had approved a tax rate of no more than 56.8. Mayor Pro Tem Turner stated that it was the goal of the Council to set the tax rate at 56.8and inquired if the Appraiser's certified figure was final, and Mr. Martin stated that it was. Mayor Jones stated that the Taxpayers' Association had stated that the City was erroneous in its budget figures and calculations. City Manager Martin stated that he disliked to wasting the Council's time on something so ridiculous as the effective tax rate issue raised by the Taxpayers Association; he had listened to the comments by the Taxpayers' Association about the policy of government, but at some point someone needs to correct some of the erroneous facts. He stated further that the Association should not distort or fabricate stories, especially when they accuse people of being liars. He stated that Mr. O'Brien had made some very damaging and purposefully inaccurate statements. Mr. Martin continued ates ..,:gular Council Meeting July 31, 1984 Page 13 by stating that the effective tax rate is calculated by filling out a form provided and required by the State of Texas; a training program is conducted in order to train personnel to fill out these forms correctly; and Mr. O'Brien had asked for the effective tax rate calculation form. He stated that his request for the form was initially denied and later a copy of the form was given to Mr. O'Brien at which time he created his own information. Mr. Martin then displayed a transparency of the effective tax rate form and explained in detail the discrepancies between the City's form and the form filled out by Mr. O'Brien. He summarized by stating that Mr. O'Brien used figures from last year; he had made a $4 million error; the mistake Mr. O'Brien made was very purposeful; the statements made by Mr. O'Brien are libelous; and he feels that Mr. O'Brien owes the Council and the staff an apology. Mayor Jones stated that he appreciates Mr. Martin ensuring that the Council has the correct information. Council Member Slavik inquired as to where Mr. O'Brien had gotten his figures and Mr. Martin stated that he had gotten them from last year's effective tax rate calculations. Council Member Slavik stated that the figure should have been $9 million and Mr. Martin stated that Mr. O'Brien shows that number to prove his point. Further discussion followed on the effective tax rate, 57.0650 and the tax rate, 56.80. Council Member Mendez stated that the accusations made by the Taxpayers' Association are serious, and that he is satisfied with adopting the budget and setting the tax rate. Council Member Slavik stated that there was a question about a January 1 law which states that cities could not transfer funds on paper. Mr. Martin stated that that was a quote of J. E. O'Brien's and that Mr. O'Brien is choosing to misinterprete that law. He further stated that there is a January 1 law that refers to debt service funds that are borrowed for short term operations, but that the City does not do this. Mayor Jones called for comments from the audience on ordinance 31 and 32. Mr. J.E. O'Brien, 4130 Pompano, stated that he would not respond to the remarks made by Mr. Martin, but that he has reworked his figures. He then explained his calculations. Council Member Guerrero asked Mr. Martin to explain the calculations and Mr. Martin displayed a transparency, referring to the January 1 law. Mayor Jones called for comments from the audience and there was no response. Mayor Jones stated that this is a very important vote and Council Member ,lutes .regular Council Meeting July 31, 1984 Page 14 Slavik stated that she had recommended several budget cuts; these cuts were not included, therefore, she would vote no on these two ordinances. City Secretary Read polled the Council for their vote and the following ordinances passed: 31. ORDINANCE NO. 18378 ADOPTING AND APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1984, AND ENDING JULY 31, 1985, ACCORDING TO THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH COUNTY CLERK UNDER TEXAS BUDGET LAW; APPROPRIATING MONIES FOR SAID BUDGET; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting "aye"; Slavik voting "no". 32. ORDINANCE NO. 18379 PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1984 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting "aye"; Slavik abstaining. * * * * * * * * * * Mayor Jones announced the public hearings on three zoning applications. 33. Application No. 784-13 - Gulf Coast Council of La Raza, for a change of zoning from "I-2" Light Industrial District to "B-4" General Business District on Lots 9 and 10, and the south 5' of Lot 11, Ellendale Gardens No. 2, located on the west side of Omaha Drive, approximately 125' north of Leopard Street. Assistant City Manager Utter stated that in response to the notices mailed, three were returned in favor and none in opposition, and that the Planning Commission and Planning Staff recommend approval. Mr. Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. There were no comments from the Council or the audience on this zoning application. A motion was made by Council Member Kennedy that the hearing be closed; seconded by Mayor Pro Tem Turner; and passed unanimously. utes negular Council Meeting July 31, 1984 Page 15 City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 18380 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GULF COAST COUNCIL OF LA RAZA BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 9 AND 10, AND A PORTION OUT OF LOT 11, ELLENDALE GARDENS NO. 2, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "13-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * * 34. Application No. 684-14 - Harley Moody, D.V.M., for a change of zoning from "B-1" Neighborhood Business District with "SP" Special Permit to "B-4" General Business District on the southwest 11/2 feet of Lot 20, and all of Lots 21, 22, 23, and 24, Block 5, Tracy Addition, located on the northeast corner of Crosstown Expressway and Baldwin Boulevard. Mr. Utter stated that in response to the notices of the public hearing, none were returned in favor or opposition. He stated that the Planning Commission and Planning Staff recommend that it be denied and in lieu thereof that a revised special permit be approved for a veterinary clinic and a drive-thru restaurant. Mr. Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. There were no comments from the Council or the audience on this zoning application. A motion was made by Council Member Guerrero that the hearing be closed; seconded by Mayor Pro Tem Turner; and passed unanimously. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 18381 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF HARLEY MOODY, D.V.M. BY GRANTING A REVISED SPECIAL COUNCIL PERMIT ON A PORTION OF LOT 20 AND ALL OF LOTS 21, 22, 23 AND 24, BLOCK 5, TRACY ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * ates ..cgular Council Meeting July 31, 1984 Page 16 35. Application No. 684-7 - Mr. & Mrs. Robert H. McHaney, for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 6, Block 5, Alameda Park, located on the west side of Robert Drive, approximately 125' south of Avalon Street. Mr. Utter stated that in response the notices mailed, four were received in opposition, and that the Planning Commission and Planning Staff recommend denial. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that this property had come before the Planning Commission on July 20, 1982; it was a violation at that time; after the Commission recommended denial, the applicant withdrew the request; and that if this zoning was approved, it would still be a violation. He informed the Council that the only way the property could be legal is if the two buildings were connected and the zoning granted. Council Member Slavik asked what would happen if the Council decided to keep the "R -1B" zoning and Mr. Wenger stated that the owners would have to quit renting the rear apartment unit and convert the duplex into a single family dwelling. Mr. Wenger stated that there are four families living there now. Council Member Slavik then stated that something needed to be done about builders that deliberately violate the zoning and Mr. Wenger stated that some permits for buildings are issued in error, but in this instance no permits were issued. Mayor Jones called on the applicant to speak. Mr. Dewit Alsup, attorney for the applicant, stated that Mr. Wenger has presented the case fairly; the McHaney's purchased this property under the assumption that the zoning was correct for rental units; at the time they purchased the property there were three occupants and currently there is only one occupant; and stated further that the McHaney's bought this property with good intentions and if they cannot rent the units, it would create a hardship on them. He informed the Council that they would connect the units if a special permit were granted and would limit the occupancy to two families; there is adequate parking; and currently the McHaney's are trying to file a lawsuit against the realtor that misrepresented the property. Council Member Kennedy stated that he thought it was the policy to check the zoning at the time of closure and Mr. Alsup stated that this is not the policy of title companies. Council Member Slavik asked Mr. Wenger to address the possibility of a special permit for this property. Mr. Wenger stated that if the buildings were connected and a special permit granted for that use, the property would then be legal. Mr. Utter stated that the staff does not object to a special permit if the buildings are to code. nutes Regular Council Meeting July 31, 1984 Page 17 Mayor Pro Tem Turner stated that she felt the residential character of the neighborhood would not be jeopardized by a special permit and inquired that if the building was destroyed, would the zoning revert to "R -1B" and Mr. Utter stated that it would not, since this is not a non -conforming use. Mr. Alsup stated that he wanted the Council to know that the McHaney's were not the applicants or the owner of the property in 1982. Mayor Jones called for comments from the audience. Mrs. Ben Wagner, 4229 Avalon, spoke in opposition to the change in zoning and stated that there is not adequate parking; the structure is an eyesore; it attracts undesirable clientele; and she objects strongly to this change in zoning. Mrs. Billie Avan, 626 Robert, reiterated Mrs. Wagner's statements, emphasizing that this would lower the property values in the surrounding area. Council Member Mendez inquired if there were other homes in the area with apartments and Mrs. Avan stated that there were. Mr. Wenger stated that the staff had viewed the surrounding area from the street, and to their knowledge there were no other apartments. Mayor Jones inquired if the staff, as a matter of policy, could go onto the property to inspect it, and Mr. Wenger stated that they could not. A motion was made by Council Member Berlanga to close the hearing, seconded by Council Member Brown, and passed unanimously. A motion was made by Council Member Mendez to approve a special permit for a duplex, subject to an approved site plan, seconded by Council Member Guerrero. The motion passed as follows: Jones, Brown, Guerrero, Kennedy, Mendez and Slavik voting "aye"; Turner and McComb voting "no"; Berlanga absent at the time the vote was taken. Mr. Utter stated that the ordinance, when it comes before the Council, would require a majority vote plus one. * * * * * * * * * * City Manager Martin stated that Newsweek magazine is doing an article on Taft Architects; they would like to show a picture of the new City Hall, but he wanted the Council to view the model before it was in the magazine. After further discussion, it was determined that the Council would hold a Special Council Meeting on Thursday, August 2, 1984, at 8:00 a.m. to view the model of the new City Hall. * * * * * * * * * * ates negular Council Meeting July 31, 1984 Page 18 Mayor Jones called for comments from the audience on matters not schedule on the agenda. Mr. Calvin Floyd, 1379 Normandy, stated that if the City had enough inspectors, proper inspections could be made, and therefore, zoning violations could be detected. He informed the Council that three inspectors had made 1,762 inspections, which was an average of 25 inspections per day. Mr. Manuel Rodriguez, 2508 Lynch, stated that the water crisis is not new to the City and that something should have been done in the 1950's to plan for the future. He stated that the Council is trying to make the poor people pay for previous Councils' mistakes. He further stated that since the Marina Budget is abundant in funds, the slip rates should be decreasing. There being no further business to come before the Council, on motion by Council Member Guerrero, seconded by Council Member Brown, the meeting was adjourned at 5:32 p.m., July 31, 1984. /tb