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HomeMy WebLinkAboutMinutes City Council - 09/17/1981 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING SEPTEMBER 17, 1981 ST. ANDREWS -BY -THE -SEA CHURCH 8:00 p.m. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty Turner COUNCIL MEMBERS: Bob Gulley Cliff Zarsky City Manager Marvin Townsend City Attorney Bruce Aycock City Secretary Bill G. Read ✓ �• - ABSENT: Jack K. Dumphy Herbert Hawkins, Jr. Dr. Charles W. Kennedy The meeting was called to order at the St. Andrews -by -the -Sea Church on Padre Island by Mayor Luther Jones. City Secretary Bill G. Read verified that the necessary quorum of the Council and the required Charter Officers were present to conduct a legally constituted meeting. Mayor Jones introduced City Attorney Bruce Aycock who explained the state statutes, after which the Mayor introduced Marvin Townsend. The Mayor pointed out that the Council had not made up their minds on the areas that were to be annexed and that the purpose of the hearing was to arrive at a conclusion as to which areas should be included and presented at the election. The Mayor the introduced Chief Planner Larry Wenger who described the area being considered and pointed it out on the map. City Manager Townsend explained the service plan for the area to be annexed, pointing out that all city utilities were now available; all of the lots were platted; everything in the annexing area is ready to build on. The Mayor asked for a show of hands of those who would like to be given an opportunity to speak. There were six people who indicated that they wished to address the Council. ..MICROFILMEre SEP 1.91984 Minutes Special Council Meeting September 17, 1981 Page 2 Mr. William Edwards, an attorney, asked why the golf course was not included in the annexation plan. City Manager Townsend explained that the golf course was not included in the proposition because the staff was of the opinion that while it was privately owned it was publicly used and it was not a restricted facility, but admitedly was in the twlight zone. Mr. Edwards further asked why the other areas were not included in the annexation and Mr. Townsend explained that in this study area the only areas, that were to be annexed are those that are developed and are now presently ready to build upon. He further stated that as the other property was developed, the bulkheads built and all other facilities installed, they should be annexed. An unidentified gentleman asked if the sewer was available now along Padre Island Drive and City Manage Townsend explained that some of the business along Padre Island Drive did not have sewer and others did, but that the condiminimums did have sanitary sewer. City Manager Townsend explained that Padre Island Investment Corp. was behind schedule on their contractual agreement with the ,City. This statement was challenged by a member of the audience who said that he should get .his facts straight that they were on schedule. City Manager Townsend, corrected the gentlemen by saying that they may be on his schedule,, but their not on schedule with their contract with the City. Col. Tex Bush discussed the area identified as Padre Island Area #1, - reading from the memorandum that had been passed out. He stated that the memorandum indicates that there are streets, sidewalks, curbs, gutters, storm sewers, gas, water and other services available. He pointed out that this was not true as it pertains to this particular area. He also pointed out that in the. middle area the lots were very small. He stated this area was not ready for development and that the schedule for development did not pertain to it. City Manager Townsend pointed out that in his opening explanation that he had stated that in this particular area some of the lots were not ready for development, but that some of them were. Mr. Floyd Strickland, 15725 Vestal, asked what the affect would be on this being brought into the City, with their convenants with the Padre Island \ 0 ers Association and would the dues to that association remain the same. , 41 utes ecial Council Meeting September 17, 1981 Page 3 City Manager Townsend explained that that was a contractual agreement between the property owners and the association and the fact of annexation would not change that contract; however, he pointed out that certain obligations that are being carried out by the association will now be carried out • by the City. He felt the association would not be responsible for that any longer and would not have that expense and that the City would assume that obligation. Mr. Roy Punket, 14113 Jackfish Avenue, President of the Property Owners Association, assured that if the City annexed the area and assumed the obligations that the association was now providing, that as the City assumed these obligations, the dues or assessments to the association wouldbe reduced . accordingly. He pointed out; however, that there was some• obligation to the repair of the bulkheads from the damage of Hurricane Allen and that .would have to be handled since the City would not assume that obligation. Mayor Jones then made a comparison of a $67,000 home inside the City, and a $67,000 home outside the City, breaking down the cost and indicating the difference of out -of- pocket expenses. The outside city limit payments would. actually be Less than $100 a year higher than they would be if inside the city limits. City Manager Townsend pointed out that there was no question about the difference in the cost of sewer or water, but there was a difference in the views as to whether or not there is any difference in the fire insurance. Mayor Jones explained that garbage outside the city was $9 and inside the city was $6, equaling $36.00 a year; telephone $2.40 per month, $28.80 per year; electricity, no difference; water, assuming 8,000 gallons per month consumption, outside $14.45, inside $7.20, a savings of $86.40; sewer, $15.18 • outside, $7.59 inside, an additional cost of $91.00 per year; gas, for an • average 5,000 cubic feet per month consumption, outside the city $25.29, inside $18.84, additional cost of $77.40; for a total additional cost outside the ,city of $316.68 and taxes on the $60,000 home would be $415; net cost of annexation to the homeowner would be $95.3'2. This would not take into ,consideration the savings on fire insurance or the savings resulting from income tax deduction for taxes. He further stated that in answer to the question as to what would you be getting if you were inside the city limits that you are not getting now ,• Minutes Special Council Meeting September 17, 1981 Page 4 that one of the most important things would be the fire protection that would be provided by the City, which is now not being provided. Mr. Jack Ravers asked why did the Council want to annex this property. The Mayor replied that under Texas law it is assumed that if you're, enjoying a substantial benefit of the aminities of the City, you should share in the cost of the operation of that City. He stated that 5/6 of the people that lived on the island worked or had businesses in the City and paid taxes in the City on those businesses. The next question was the capacity of the sewer plant, which he stated was now at 80% of its capacity and that this sewer plant had been paid for by the property owners under the contractual arrangement between the corporation and the City. He further stated that the "rules" provide that a new plant should be constructed when the present plant meets 80% of its capacity which it has now meet. He then asked what the City was going to do to correct this situation. Assistant City Manager Lontos stated that the engineers for the Padre Island Investment Corporation had already submitted plans to the City for the construction of another sewer plant. The gentlemen asked if the City had insisted upon a time -table. Mr. Lontos replied that they had not required this since they were reviewing the plans that had been submitted to them. City Manager Townsend added that the corporate engineers meet frequently with the city staff and the indication is that the sewer plant will be expanded in a timely manner. The , Mayor then pointed out that annexation does not automatically insure that every house that's annexed will have a sewer line in front of their house or have new paved streets, curbs, gutters and sidewalks, but the annexed area would be treated in the same manner as areas inside the City that are of like situations. He cited an example of a request from a homeowner in Flour Bluff .for service and the estimated cost of providing sewer to that house was. approximately $15,000 and obviously the taxpayers of this City could not be expected to underwrite that kind of an expenditure to extend sanitary sewer to one residence. 4 tes cial Council Meeting September 17, 1981 Page 5 The previous speaker demanded specifics as to when the community would have the fire department fully operated and fully manned. Mayor Jones explained it would be possibly 60 days following annexation lhat fire protection would be available on the Island on site. He further explained that that did not mean it would be fully equipped, concrete fire station. - Mr. Townsend pointed out that there would be a fire truck with some kind of shelter or protection for it and provisions for the firemen to be 'berthed or housed and that the fire truck would be on site and fully manned. Mrs. Bush asked where the lire station would be located. City Manager Townsend pointed out that the location would have to be in an area readily available to the bulk of the area being annexed. Bill Emory asked for clarification as to why the statement was made that they were only annexing developed areas and yet Padre Island #1. was undeveloped, but it is included. City Manager Townsend replied that the reason for the hearing was for the citizens to have an opportunity to explain whether or not -they wanted to be annexed. One gentleman stood up and said that he would like for everyone to raise their hands who were against annexation, and a number of people raised their hands. The Mayor then in turn asked if there was anyone present who was in favor of annexation and almost an equal amount raised their hands. Mr. Handle asked what area one fire truck would have to cover. Mr. Townsend pointed out that the area covered would be smaller than the normal area inside the city. Mr. Richard Dowling, 1416 Bounty, explained that he opposed that this meeting was being held in a church and the Mayor stated that he objected too. He then stated that the City had already fallen down on its word by promising not to hold it in a church. He accused the City of having an annexation program strictly for the increase in tax income. He claimed thatthe City's public estimate of the value of the area being annexed was extremely low. He also interpreted that within 60 days after annexation the law requires certain things to be done, among which the service plan be adopted. The information passed tonight did not specifically provide sufficient proof that these services would be available within that period of time. Minutes Special Council Meeting September 17, 1981 Page 6 The state law provides that certain things be done that the City was not capable of doing. He questioned the fire trucks being opened, exposed to the weather and questioned where the fire trucks would. be stationed, who was going to provide the land, etc. He asked the Mayor to recognize the group on the Island as tourist. Mr. Nick Shapiro stated that he was for annexation and said he would feel. a lot better if Marvin would be here to take care of them after they were annexed, because he had a hell of a lot of confidence in Marvin, they believe him, they like him and when he says something they know it's true. He figured his house to be worth about $100,000 and that his taxes would be $601. He then gave various examples of how much he would save if he were in the City. He pointed out that he was over 65 so would have that exemption, resulting in out-of-pocket expenses of $61, but pointed out that he took the total amount of $620 and took it off his income tax so that he came out way ahead in the long run. Mr. Bill Edwards asked if the Country Club had the sewer and water and' everything that the others did. The answer was yes. He then asked who was the owner of the area between the two areas being annexed and behind the golf club. The answer was that it was composed of lots that had been purchased but have yet to be developed. He stated that he is in favor of annexation, but was not in favor of the "company store psychology" and gave some examples of coal mines in West Virginia, lumber fields, paper mills, etc. He objected to any kind of a annexation program that would leave out these people. He feels that if it is done right it would not be geremendared, a straight line would be drawn and they would take all of the area in and let the people making the dollars selling these lots help the property owners that are living here pay the taxes. He likewise objected to the Country Club being left out and said that he would promise that there would be problems of a legal nature if an annexation program did not include the Country Club. He further stated that he was serving notice to the Padre Island Property Owner Association that he was going• to become active in that association; see where they spent their money and if he didn't like it he was going to change it. City Manager Townsend again stated the staff's reason for recommending that a Country Club be left out and that these undeveloped areas be left out, but plainly admitted that it was a question that could go either way. �. ites ' ial Council Meeting .., ptember'17, 1981 Page 7 Mayor Jones pointed out that because of the time problem, it would be impossible to include it in the election if it were to be held in November and the entire process would have to be gone through again in order to increase the area. He stated; however, that the area could be decreased or reduced without having to change the election date. Virginia Inman asked if the annexation ballot would permit you fo vote separately or if it would be as a total package. It was explained that there could be as few as one or as many as four propositions . Delorian Pera stated that the biggest consideration should be fire protection but he questioned the statement that six houses had burned to the ground, claiming that to his knowledge only one house had burned to the ground. One of the gentlemen's who house had caught fire said that the voluntary fire department were 'on the scene within ten minutes of when it was reported. He stated he was very satisfied with the response time. He said he feels the volunteer fire department is close enough to respond and questioned the necessity of fire protection on the Island itself.. Mr. Roy Punket again addressed the Council and stated he was the President of the Property Owner's Association. He explained that they did not instigate the annexation proceedings but when they heard the City was considering annexation, they spoke to the Mayor and Council and said that as a Board of Directors they would support it. The reason given was the desire of the people out here for fire protection. He again explained the stand of the Padre Island Property Owners Association and went into the covenants of that association and further reiterated that about 1 million dollars expenses had been incurred by Hurricane Allen damage and said as far as a dollar figure he could not say how much their dues or assessments would be reduced until that was taken care of. Mr. Joe Bagengap raised the question as to whether the City would restrict. traffic on the beach that is to be annexed. City Manager Townsend explained that that would be a Council decision and that the Council would nol have to address it, but would have the legal authority to address it if they wanted to. Minutes Special Council Meeting September 17, 1981 Page 8 The question was asked as the whether the ordinance requiring that lots that are overgrown with high weeds would be enforced if it were annexed. Mr. Tom Utter, Assistant City Manager, replied stating the City's policy and the control of the high weeds, grass and any other fire hazard. Mr. Edwards asked the question that should the area be annexed, would a fire truck and an ambulance be based on the Island and the answer was yes. Richard Lane, 13737 Cayo Gorda, questioned as to who would have the responsibility of maintaining the bridges on the Island. Mayor Jones stated that if it were annexed it would be the responsibility of the City and City Manager Townsend hastened to point out that the damage that now exists on the bridges would be the responsiblity of the County. Paula Lane (Howard Findley's hygenist) asked who's responsibility it would be to clear up the health hazards, i.e., keeping clean the restrooms in the • facilities around the bait stand:; and the Mayor replied that that was the City's responbility now and would continue to be and the Manager further explained that this was posing a problem but that the City was cleaning them and that that got dirty amazingly rapidly after being cleaned. The Mayor invited the people to attend the regular Wednesday Council Meetings at which there is provided an opportunity for any citizen to speak on any subject. He then invited any member of the Council to make any state- ments. Council Member Gulley asked for a show of hands of those who favored the annexation. This time considerably more were favoring annexation than the previous vote and fewer showing they were opposed to annexation. Council Member Zarsky again extended an invitation to anyone who would be interested in coming before the City Council and making their views known. On motion by Mayor Pro Tem Turner, seconded by Zarsky, and passed unanimously, the meeting was adjourned at 9:34 p.m., September 17, 1981.