HomeMy WebLinkAboutMinutes City Council - 06/24/1986PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
*Frank Mendez
Bill Pruet
Linda Strong
ABSENT:
Mary Pat Slavik
Hall.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 24, 1986
2:00 P.M.
Acting City Manager Ernest Briones
City Attorney Hal George
Assistant City Secretary Dorothy Zahn
Mayor Jones called the meeting to order in the Council Chamber of City
The invocation was given by Council Member Pruet, following which the
Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem
Best.
Assistant City Secretary Zahn called the roll and verified that a quorum of
the Council and the required Charter Officers were present to conduct the
meeting.
A motion was made by Mayor Pro Tem Best that the minutes of the Regular
Meeting of June 17, 1986 be approved as presented; seconded by Council Member
Pruet; and passed unanimously.
* * * * * * * * * *
Mr. Terry Dopson, Director of Parks and Recreation, related events that
happened on June 11, 1986 when an 11 year old boy, Jaime Salazar-Vergra, fell to
the inside of the south seawall at the Marina Del Sol complex. He stated that
the boy's screams were heard by employees of B&N Roofing; Mr. Ray Cortez and
Mr. Ricky Darden of that company jumped from the roof and ran to the fence;
jumped the fence where upon Mr. Cortez injured his knee; and Mr. Darden ran down
the seawall and pulled the boy to safety.
Mayor Jones and Council Member Berlanga then presented Mr. Darden and Mr.
Cortez with recognition plaques.
MICROFILMED
.Linutes
Regular Council Meeting
June 24, 1986
Page 2
* * * * * * * * * * * * *
Mayor Jones announced the bid opening on the following projects:
1. South Guth Park Improvements: Proposed improvements include a 7 -foot
wide hiking trail, modular play unit, kiosk, 6 -foot wide boardwalk
with observation decks, picnic shelters, pedestrian bridge, paved
parking areas, and irrigation system, and planting of mesquite trees.
A 50% matching grant has been received from the Texas Park and
Wildlife Department for this project and funds for local share are
available in the Park Bond Fund.
Mr. Gerald Smith, City Engineer, opened and read bids from the following
companies: B.E. Beecroft Co., Inc.; Black Brothers Construction, Inc.; Lord &
Applegate, Inc.; and Olmos Company.
2. Ben Garza Gymnasium and Meadow Park Recreation Center Improvements:
The work will include the replacement of four A/C roof units at Ben
Garza Gym, roof repairs to both the Ben Garza Gym and Meadow Park
Recreation Center, and an approximate 1,150 square foot building
addition to the Meadow Park Health Clinic. Funds for this work are
available in the 8th, 9th and llth Year Community Development Block
Grant Funds.
Mr. Smith opened and read bids from the following companies: Alabec
General Contractors, Inc.; Black Brothers Construction, Inc.; Mehne
Construction, Inc.; Powers Contractors and Construction; and Salazar
Construction, Inc.
Discussion followed among the Council whether the bid from Alabec should be
read since that company submitted a letter of credit and not the required bid
security. Mr. Smith informed the Council that the specifications stated that no
proposal would be considered that does not contain the proper bid security.
The Council decided that the bid should be read.
3. Tourist Information Center in Nueces River Park: The approximate
1,600 square foot frame building proposed under this project will
contain public restrooms, an office space, and an area where exhibits
can be displayed to illustrate local events and/or places of interest.
The project also includes the construction of a seven space parking
lot. This facility will be constructed with revenues generated from
the sale of the City's Transit System.
Mr. Smith opened and read bids from the following companies: Alabec
General Contractors, Inc.; Coleman -Roth Construction, Inc.; Powers Contractors
and Construction; Progressive Structures; and Salazar Construction.
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Regular Council Meeting
June 24, 1986
Page 3
Mayor Jones stated that the bids would be tabled for 48 hours for
tabulation and recommendation, pursuant to the requirements of the City Charter.
* * * * * * * * * * * *
Council Member Pruet made a motion that item 27, a public hearing on
annexation, be considered at this time; seconded by Council Member Berlanga and
passed unanimously.
27. Public Hearing on annexing approximately 63.54 square miles of land and
water areas that are now outside the city limits on the portions of Mustang
and Padre Islands between the south boundary line of the Mustang Island
State Park south to the City's extraterritorial jurisdiction, and from the
west bank of the Laguna Madre eastward and extending two miles into the
Gulf of Mexico.
Acting City Manager Briones stated that annexation is a tool and respon-
sibility of municipal government. He stated that development occurs on the
outskirts of the city limits that otherwise would not occur if the city did not
exist.
Mr. Larry Wenger, Director of Planning, displayed transparencies of the
areas to be annexed. He pointed out the area starting at the south boundary
line of Mustang State Park, southward and extending into Kleberg County and a
portion of the Padre Island National Seashore. He stated that this includes
unannexed portions of the Laguna Madre from the west shoreline to the east
shoreline and extends two miles into the Gulf of Mexico. He stated that all
areas comprise approximately 63.54 square miles.
Mr. Wenger stated that annexation of the National Seashore involves 13.91
miles and 16 miles of private land. He displayed area "A" which involves 31.29
square miles of the Padre Isles Development, noting that streets and utilities
already exist in this area. He stated that there are two residential structures
in area "A" involving approximately 6 persons and 11.87 miles of streets.
Mr. Wenger displayed a transparency of Area "B" and stated that this area
extends to the south boundary line of Mustang State Park. He stated that there
are two residential structures in the area and 2.65 miles of streets.
Mr. Wenger displayed a transparency of Area "C" and stated that this area
is south of Area "A" in Kleberg County and extends to the National Seashore to
the five mile extraterritorial jurisdiction line. He stated that there are
three residential structures, those being the rangers' quarters, and 13.5 miles
of street, that being Park Road 22, which is maintained by the State.
Mr. Wenger stated that of the 28.02 miles of streets to be annexed, the
City would be responsible for 6.8 miles. He stated that the total area the City
proposes to annex is 63.54 square miles.
.- inutes
Regular Council Meeting
June 24, 1986
Page 4
At the request of Mayor Pro Tem Best, Mr. Wenger displayed Area "C"
depicting the National Seashore. Dr. Best questioned the reasoning for annexing
the seashore and the water.
Mr. Wenger explained that by annexing the water, the City can control
drilling operations.
Dr. Best inquired if the City should have a contractual agreement with the
County regarding the seashore, and Assistant City Manager Tom Utter stated that
he would consult with the County regarding an agreement before the election.
Mr. Utter stated that the beaches are also the County's responsibility, and the
State's to a limited degree. He stated that a cooperative arrangement would be
advantageous to both parties.
Dr. Best inquired if the annexation would be presented as a whole or by
tract, and Mr. Utter stated that it could be presented either way, but he felt
that as a whole would be better.
In response to a question from Dr. Best, Mr. Wenger stated that the logic
for annexing the proposed areas was based on the fact that they could be
developed.
Council Member Strong stated that when the Council Committee on Annexation
reviewed the areas to be annexed, consideration was given to future growth
patterns. She stated that it would be impossible for the City to control
development on the beach unless it is annexed; the National Seashore is being
considered because that area is very strong as far as the tourist industry is
concerned; the seashore's value must be recognized; and it is important that the
City show interest and recognize how important this area is to the future
tourist growth of the City.
Council Member Pruet stated that this area seems to be out of the immediate
area of development, but the Council Committee looked at areas where this type
of project planing was not done, referring in particular to Galveston and the
disarray that now exists because proper planning was not done.
Mayor Jones stated that the annexation is a recommendation of the Council
Committee on Annexation which consists of Council Members Pruet, Strong,
Berlanga, and Guerrero. He stated that the Committee's recommendation is to
conduct an election.
Mayor Jones called for comments from the audience.
Mrs. Chris Rittgers, 4613 Evelyn, inquired if the annexation involves the
spoil islands next to the intracoastal canal and inquired how this property
could be taxed.
.iinutes
Regular Council Meeting
June 24, 1986
Page 5
Mr. Utter stated that the spoil islands are involved, including the fishing
camps, and that they may or may not be taxed. He stated that State property
will not be taxed.
Mrs. Rittgers stated that she pays a lease fee to the State and inquired
how the City could tax her for property she does not own. She also inquired if
utilities would be provided.
Mr. James Skrobarcek, President of the Builders Association, stated that
the Association is in favor of the annexation. He stated that this type of
planning process is essential for long-range growth of the City so that
building standards can be met in a manner that is advantageous.
Mr. John Farmer, 14306 Dorsal, stated that the Board of Directors of the
Padre Island Property Owners Association is in support of the annexation. He
stated that this will provide the island with a good quality of development. He
stated that the proliferation of substandard subdivisions endangers the ability
to acquire a reasonable amount of insurance at a reasonable price. He stated
that the annexation is wholeheartedly supported by the Association.
Mr. Ralph Durden spoke in favor of the annexation and referred to the cost
the City would incur if the area was not annexed due to non -conforming uses. He
stated that there is over $100 million of private investment on the island, and
the annexation would protect this investment. Mr. Durden stated that by
annexing the island, the City can protect the dunes; the City can keep the
beaches open by requiring pedestrian access through private property through the
platting process. He stated that the City can play a role in protecting
wildlife through the Department of Interior, the Land Office, and the Attorney
General's Office. He referred to the Riviera School District, which is in
Kleberg County, and stated that the school district is anxious for the land to
be annexed.
Mr. Durden stated that all governmental agencies should be involved because
different areas of the beach should be covered by different management programs.
He stated that certain areas of the beach should be preserved to allow vehicular
traffic, while others areas should be safe for children and the elderly by
prohibiting vehicular traffic.
Mr. Durden stated that if the City does not anticipate the needs of
tomorrow today, the greatest asset the City has will be lost. He stated that
his clients will have to pay taxes as a result of the annexation, but it is
worth it for the protection. He stated that the main reason for annexing the
beach is for control.
Mr. John Mendleski inquired if any area proposed to be annexed was to be
designated as a Tax Reinvestment Zone to avoid paying for beach cleanup.
.,inutes
Regular Council Meeting
June 24, 1986
Page 6
Mayor Jones stated that all property in the City limits is placed on the
tax rolls. He stated that there is a tax reinvestment zone in the downtown
area, but there has not been any discussion regarding a district of this type in
the areas to be annexed. He noted that taxes will have to be paid regardless of
whether it is in a reinvestment zone or not.
Mr. Utter stated that Mr. Mendleski is referring to tax increment financing
and the Council has not taken a position on that at all. He stated that in
terms of beach cleanup, it would be subject to normal NID requirements. He
stated that the basic taxes would go to the individual taxing entity.
County Judge Robert Barnes stated that the Council should look at the long
term effect of annexation. He referred to the annexation of Flour Bluff and
noted that not all of those problems are solved. Judge Barnes stated that he
did not understand why the entire area, inclusive of the beaches, is not being
considered for annexation, rather than just certain areas. He stated that he
would advise the City to make sure that the flood insurance is available. He
stated that the City is in a position to carry out long-range planning and the
annexation is sensible. He reiterated that the entire area should be annexed,
including the beaches. He stated that he had heard of the possible plan to form
a reinvestment zone, but he had informed Kleberg County officials that there is
no plan to form a reinvestment zone.
*Council Member Mendez arrived at 3:15 p.m.
Mayor Jones inquired if other area should be included that are receiving
the benefit of their proximity to the City.
Acting City Manager Briones stated that the annexation that the Council is
considering is the result of an analysis of a committee of the Council. He
stated that under different circumstances, other areas might have been
recommended by the staff.
Council Member Pruet requested that copies of any statements or facts as to
the City's meeting the service plan requirements from the 1981 annexation
election. He stated that he would also like the revenue projections that were
made at the time and if those projections are being met.
Mr. Utter stated that the service plan for the '81 annexation has been met
and he would provide the Council with a copy of the revenue projections and the
actual revenues.
A motion was made by Council Member McComb that the public hearing be
recessed until 6:00 p.m., seconded by Council Member Strong and passed
unanimously.
At Council Member Berlanga's request, a transparency was displayed showing
all of the beaches that are currently within the City limits.
Acting City Manager Briones pointed out that the proposal before the City
Council is to annex the areas described in Areas A, B and C, including the
Minutes
Regular Council Meeting
June 24, 1986
Page 7
beaches. He noted that there are
beach areas.
Mr. Utter explained that in
Park and two miles into the Gulf
portion of Padre Island including
clean that beach.
five alternatives, two of which exclude the
1978, the City annexed Mustang Island State
of Mexico, and in 1981, the City annexed a
a beach, and the City pays Nueces County to
Council Member Mendez commented that the beach portion already annexed
costs the City $38,000 to clean, and inquired about the cost of cleanup for the
beaches proposed to be annexed. Mr. Utter replied that the City's cost would be
the same currently paid by Kleberg and Nueces Counties, which is approximately
$289,000, assuming that Nueces County continues the cleanup in front of
Padre -Balli Park.
Council Member Mendez questioned the fact that the City has not yet
negotiated with either County on this issue which should be resolved before the
Annexation Election is called. He then inquired if Judge Barnes had indicated
that Nueces County would be willing to work out an intergovernmental agreement.
Mayor Jones replied that Judge Barnes had not indicated that because he
apparently is in favor of the City's annexing the beaches and assuming all
control, including beach cleanup.
Mayor Jones then stated that this public hearing will be reconvened at 6:00
p.m. in order to hear additional comments.
* * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions, items 1
through 12.
Mayor Jones noted that item 8, awarding a contract for painting the
Gollihar Road Water Storage Tank, had been withdrawn.
In regard to item 9, refund of 1984 ad valorem taxes, Mayor Jones inquired
if the City would have to pay interest accrued on the $16,869.36, and Ms. Debra
Andrews, Assistant Director of Finance, stated that the City would not pay
any interest, only the tax.
There were no comments from the audience; a motion was made by Council
Member Mendez that items 1 through 7 and 9 through 12 be approved; seconded by
Mayor Pro Tem Best; and passed as follows: Jones, Best, Berlanga, Mendez, and
Pruet voting "aye"; Guerrero, McComb, and Strong absent at the time the vote was
taken; Slavik absent.
minutes
Regular Council Meeting
June 24, 1986
Page 8
1. M86-0304
Approval of specifications and authorization to receive bids for removal of an
ambulance module from present cab and chassis and refurbish and install on a new
cab and chassis to be furnished by the seller. The refurbished unit will be
used by EMS Ambulance. The estimated cost is $25,000, and funds have been
transferred from the Corpus Christi Health Facilities Development Corporation to
the Ambulance Activity.
2. M86-0305
Approval of specifications and authorization to receive bids for one Type I
Modular Ambulance for the EMS Ambulance. The estimated cost is $50,000, and
funds have been transferred from the Corpus Christi Health Facilities
Development Corporation to the Ambulance Activity.
3. M86-0306
Approving the purchase of one 25 ton folding -gooseneck trailer for the Gas
Division from Gulfside, Inc., based on low bid for the amount of $18,900, and
one 12 ton flat bed equipment trailer for the Water Division from B. D. Holt,
Inc., based on best bid for the amount of $7,798. Seven bid invitations were
issued and five bids were received. Funds were approved in the 1985-86 budget.
4. M86-0307
Approving a contract for printing and mailing 1986 tax statements with Moore
Business Forms and Systems Division, based on sole source, in the amount of
$16,504.10. Funds will be made available in the 1986-87 budget.
5. M86-0308
Authorizing acquisition of a parcel of land (112) located at the southwest corner
of Padre Island Drive and West Point Road at a cost of $3,325 for the Padre
Island Drive - Bush to Agnes Improvements.
6. M86-0309
Authorizing acquisition of a parcel of land (1125) located between McCain and
Countiss Drives at a cost of $860 for the Turkey Creek Drainage Improvements
project.
7. M86-0310
Authorizing acquisition of two parcels of land (115, 117) located off Princess
Drive at a cost of $3,350 for the Turkey Creek Drainage Improvements project.
minutes
Regular Council Meeting
June 24, 1986
Page 9
8. Item Withdrawn - See Page 7
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9. M86-0311
Approval of a partial refund of 1984 ad valorem taxes to Walnut Ridge Investors
in the amount of $16,869.36. The refund resulted from a lawsuit initiated by
Walnut Ridge Investors against the Nueces County Tax Appraisal District in the
valuation of their property.
10. M86-0312
Approving a transfer of partnership interests from one of the L -Head Bait Stand
operators, Mr. Stewart Platis, to the other operator, Mr. Dimitrios Gouziotis.
Mr. Gouziotis is solvent and capable of continuing the operation satisfactorily.
11. M86-0313
The street closure request for Brett Street, for which a public hearing was held
on May 27, 1986, be denied, and the Oakhurst Plaza Developer be required to
construct a cul-de-sac at the dead end of Brett Street or request a variance to
the cul-de-sac requirement before the Planning Commission.
12. M86-0314
Setting a public hearing for the Regular Council Meeting on July 8, 1986 on the
proposed 1986-87 Budget for the City of Corpus Christi and on the proposed use
of Revenue Sharing.
* * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 13
through 24.
In regard to item 18, sale of 34 parcels to the United States Government,
Mayor Jones inquired as to what fund would receive the proceeds from the sale,
and Acting City Manager Briones stated that the $732,087 would be placed in the
Airport Land Acquisition Fund.
In response to a question from Mayor Jones regarding farm leases, Mr.
Briones stated that the City receives one-fourth of the crop and $20 minimum per
acre per year.
Council Member Mendez made a motion that Ordinance 24, curfew of 10:00 p.m.
in neighborhood parks, be amended prior to third reading in order to change the
.,inutes
Regular Council Meeting
June 24, 1986
Page 10
curfew to begin at 11:00 p.m. instead of 10:00 p.m. The motion was seconded by
Mayor Pro Tem Best.
Mr. Mendez stated that he feels 10:00 p.m. is too early since it does not
get dark until 9:30 p.m., and he has spoken to several citizens who agree.
Council Member Berlanga stated that he is opposed to changing the curfew to
11:00 p.m.
Council Member Guerrero noted that the Park Board recommends 10:00 p.m. and
he agrees.
Mayor Jones called for comments from the audience; there were none.
Council Member Mendez' motion passed as follows: Jones, Best, Mendez,
Pruet, and Strong voting "aye"; Berlanga, Guerrero and McComb voting "no."
Assistant City Secretary Zahn polled the Council for their vote on the
ordinances as follows:
13. ORDINANCE N0. 19357
APPROPRIATING $1675 OUT OF THE 245 AIRPORT BOND FUND FOR APPRAISAL SERVICES BY
MR. THOMAS F. DORSEY AND MR. SIDNEY H. SMITH, III IN CONNECTION WITH THE
INTERNATIONAL AIRPORT CLEAR ZONES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent.
14. ORDINANCE N0. 19358
APPROPRIATING $950 OUT OF THE 9th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR
APPRAISAL SERVICES IN CONNECTION WITH THE MCNORTON DRAINAGE OUTFALL; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent.
15. ORDINANCE NO. 19359
PERMITTING AND REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF A LONG
DISTANCE TELECOMMUNICATIONS SYSTEM BY AT&T COMMUNICATIONS - INTERSTATE DIVISION,
ACROSS, OVER AND UNDER THE STREETS AND PUBLIC RIGHTS-OF-WAY OF THE CITY OF
CORPUS CHRISTI; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
minutes
Regular Council Meeting
June 24, 1986
Page 11
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent.
16. ORDINANCE N0. 19360
AUTHORIZING REIMBURSEMENT TO THE EIGHTEEN EIGHTY-NINE GROUP FOR INSTALLATION OF
APPROXIMATELY 423 LINEAR FEET OF 8 INCH DIAMETER OFFSITE SANITARY SEWER
COLLECTION LINE; APPROPRIATING $1591.92; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent.
17. ORDINANCE N0. 19361
APPROPRIATING $22,200 FROM THE N0. 295 STORM SEWER BOND FUND FOR CHANGE ORDER
NO. 3 WHICH PROVIDES FOR REPAIR OF THE UPPER DIFFUSER BEARING AND SLEEVE TO PUMP
ENGINE N0. 2; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent.
18. ORDINANCE N0. 19362
AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY FOR THE SALE OF 34 PARCELS OF
CLEAR ZONE LAND AT N.A.S. TO THE UNITED STATES OF AMERICA FOR A CASH
CONSIDERATION OF $732,087; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik
absent.
19. ORDINANCE N0. 19363
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MARTINI BRICK SALES BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, BLOCK 2, NOTTARB
PLACE FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "I-3" HEAVY INDUSTRIAL DISTRICT;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Berlanga voting
"no"; Slavik absent.
20. FIRST READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND CORPUS CHRISTI LAND VENTURE FOR THE ANNEXATION OF
..mutes
Regular Council Meeting
June 24, 1986
Page 12
APPROXIMATELY 16.3 ACRES OF LAND IN 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 Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent.
21. FIRST READING
ADDING A NEW CHAPTER 14, ELECTIONS, ARTICLE I, SECTION 14-1, ORDERING ANNEXATION
ELECTION, PERMITTING THE CITY COUNCIL TO ORDER AN ANNEXATION ELECTION 25 DAYS OR
MORE BEFORE THE ELECTION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The Ordinance was read for the first time and passed to second reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent.
22. SECOND READING
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR FARMING PURPOSES WITH RAYMOND
AND RONNIE KLOSTERMANN DBA KLOSTERMANN FARMS FOR A 23.099 ACRE TRACT OF LAND
WHICH WAS ACQUIRED IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION
PROJECT FOR A TERM OF THREE YEARS BEGINNING AUGUST 1, 1986 AND ENDING JULY 31,
1989, FOR A CONSIDERATION OF ONE-FOURTH (1) OF ALL COTTON AND SEED RAISED ON
SAID LAND, OF WHICH LESSEE AGREES TO PAY THREE-FOURTHS (3/4) OF THE GINNING
CHARGES ON ALL COTTON GINNED AND CITY AGREES TO PAY ONE-FOURTH (i) OF SUCH
GINNING CHARGES; AND LESSEE AGREES TO PAY A SHARE RENTAL OF ONE-THIRD (1/3) OF
GRAIN WITH A MINIMUM ANNUAL GUARANTEE OF $20.00 PER ACRE.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent.
23. SECOND READING
AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR FARMING PURPOSES WITH EDWARD
NEMEC FOR A 20.598 ACRE TRACT OF LAND WHICH WAS ACQUIRED IN CONNECTION WITH THE
NAVY CLEAR ZONES LAND ACQUISITION PROJECT FOR A TERM OF THREE YEARS BEGINNING
AUGUST 1, 1986 AND ENDING JULY 31, 1989, FOR A CONSIDERATION OF ONE-FOURTH (t)
OF ALL COTTON AND SEED RAISED ON SAID LAND, OF WHICH LESSEE AGREES TO PAY
THREE-FOURTHS (3/4) OF THE GINNING CHARGES ON ALL COTTON GINNED AND CITY AGREES
TO PAY ONE-FOURTH (I) OF SUCH GINNING CHARGES; AND LESSEE AGREES TO PAY A SHARE
RENTAL OF ONE-THIRD (1/3) OF GRAIN WITH A MINIMUM ANNUAL GUARANTEE OF $20.00 PER
ACRE.
Minutes
Regular Council Meeting
June 24, 1986
Page 13
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong
voting "aye"; Slavik absent.
24. THIRD READING - ORDINANCE NO. 19364 (as amended - see page 10)
AMENDING THE CITY CODE, ARTICLE 36, PARKS, RECREATION, CULTURAL, AND LEISURE
TIME ACTIVITIES, SECTION 36-11, CURFEW, ALCOHOLIC BEVERAGES, SUBSECTION (b) AND
ADDING A NEW SUBSECTION (c); PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The Ordinance was read for the third time and passed to third reading as
follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye";
Berlanga voting "no"; Slavik absent.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following Regular Motion.
25. M86-0315
Authorizing the City Manager, or his designee, to enter into an agreement
with the Programs for the Human Services (a non-profit organization), dba,
Bid Resource Center of Beaumont, Texas, for technical assistance in the
development of a Procurement Outreach Center for the Corpus Christi area.
Mayor Jones noted that the Army and Navy have a substantial outreach
program.
Ms. Priscilla Waller, Business Development Commission, explained that this
is an assistance program to help local businesses compete nationwide for
Department of Defense contracts. She stated that the contract would be for
technical assistance from the Beaumont center at a cost of $22,150 which
includes 800 hours of consultation and access to an extensive library.
Acting City Manager Briones explained that this would be funded through a
grant through JTPA and is before the Council because the Business Development
Commission is under the authority of the City.
Mayor Jones stated that he would vote in favor of this item, but he asked
that Ms. Waller convey to Lloyd Neal and Jimmy Lyles his reservations, because
he feels that this should be reviewed by the Army and Navy.
Council Member Strong stated that there are a large number of businesses
that would like to take advantage of government contracts, and she feels that
this is needed.
Mayor Jones questioned why the City would initially fund this program.
Council Member Pruet stated that the City received a grant that funded the
establishment of this office so that the taxpayers would not have to pay for it.
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Regular Council Meeting
June 24, 1986
Page 14
He stated that the Council wants to be supportive of business and he strongly
endorses this program. He questioned why a contract must be signed with
Beaumont, rather than establish a Corpus Christi office.
Ms. Waller stated that this is a one-year agreement; Beaumont has a $40,000
library; they will allow access to this library; and will provide technical
assistance. She stated that the grant was for $50,000 from JTPA and she is
asking for $22,000 in Business Development funds. She stated that JTPA made
$77,000 available, but that can only be used for salaries up to June 30;
therefore, they are unable to use those funds.
Council Member McComb stated that he supports the program.
Council Member Mendez stated that after the program is initiated, he would
like the Business Development Commission to make a presentation to the Council
on how businesses are being informed about the program.
A motion was made by Council Member McComb that item 25 be approved,
seconded by Council Member Strong and passed unanimously.
* * * * * * * * * * * *
Mayor Jones called for consideration of an agreement for Washington
representation with the City of Austin, City of El Paso, City of San Antonio,
and the Texas Municipal League.
Acting City Manager Briones stated that initially eight cities were to
participate in this agreement to hire a lobbyist; some cities wanted to hire a
firm and some cities wanted to hire an individual; it was decided by the cities
mentioned to hire a person who would be under the authority of the Director of
TML; and the City's share for this service is $12,000.
Council Member Guerrero stated that he supports this.
Mayor Pro Tem Best stated that if TML will receive information from the
lobbyist, then TML will release that information to cities that are not
participating in the agreement.
Mr. Briones stated that TML is willing to provide office space and daily
supervision of the individual. He pointed out that only those cities
participating in the agreement will have direct access to the individual.
Mayor Jones pointed out that the strongest point for this agreement is that
the City has a major issue in Washington -- that being Homeport.
Council Member Mendez stated that the City pays to be a member of TML and
has contact with Senators and Representatives; therefore, he feels a lobbyist is
not needed.
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Regular Council Meeting
June 24, 1986
Page 15
Mayor Jones pointed out that the Port of Corpus Christi has a full-time
lobbyist and that has been very beneficial.
Council Member McComb stated that any city that is a member of TML can call
TML and receive the same information that this City will be paying for.
Mr. Briones reiterated that nonpaying cities cannot contact the lobbyist.
City Attorney George stated that TML staff will try to minimize the flow of
information to the other cities.
Council Member Strong stated that as a member city of TML, it would seem
that this information would be available.
Mr. Briones stated that Mr. Ted Willis, Director of TML, is aware that the
City will be paying for the information and that nonpaying cities should not
receive the information.
Council Member Strong asked why TML is involved, and Mr. Briones stated
that TML's involvement saved money in that the National League of Cities
contributed office space, telephones, and computer access.
Mayor Jones pointed out that the City of Corpus Christi has items of
interest in Washington that no one else does, for instance, Homeport.
There were no comments from the audience on the ordinance; Assistant City
Secretary Zahn polled the Council for their vote as follows:
26. ORDINANCE NO. 19365
AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR WASHINGTON REPRESENTATION WITH THE
CITY OF AUSTIN, CITY OF EL PASO, CITY OF SAN ANTONIO, AND THE TEXAS MUNICIPAL
LEAGUE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, Mendez, Pruet, and Strong voting "aye"; McComb voting
"no"; Slavik absent.
* * * * * * * * * * * * *
Mayor Jones opened the public hearing on the following zoning case:
28. Application No. 586-5, Ms. Raquel Hernandez: For a change of zoning from
"B-1" Neighborhood Business District to "R -1B" One -family Dwelling District
on Lot 14B, Block 7, Molina II, located on the south side of Bloomington
Street, approximately 100' west of Barrera Street.
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Regular Council Meeting
June 24, 1986
Page 16
Assistant City Manager Utter stated that in response to the notices mailed,
two were returned in favor; none were returned in opposition; and the Planning
Commission and Planning Staff recommend approval.
There were no comments from the audience; a motion was made by Council
Member Mendez that the hearing be closed; seconded by Mayor Pro Tem Best; and
passed unanimously.
Mr. Wenger displayed the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity.
Assistant City Secretary Zahn polled the Council for their vote as follows:
ORDINANCE NO. 19366
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RAQUEL HERNANDEZ BY CHANGING
THE ZONING MAP IN REFERENCE TO LOT 14B, BLOCK 7, MOLINA II, FROM "B-1"
NEIGHBORHOOD BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez and Pruet voting "aye"; Strong absent
at the time the vote was taken; Slavik absent.
* * * * * * * * * * * * *
29. Application No. 586-4, Mr. David E. May: For a change of zoning from
"R -1B" One -family Dwelling District with a "SP" Special Permit to "B-1"
Neighborhood Business District on Lot 5, Block 6, Koolside Addition,
located on the west side of Airline Road, immediately across from Riley
Street.
Assistant City Manager Utter stated that in response to the 24 notices
mailed, four were returned in favor; three were returned in opposition; the
Planning Commission recommends denial; and the Planning Staff recommends denial
of "B-1", and in lieu thereof, grant "AB" with a revised special permit to allow
the existing quick oil change facility and a non -illuminated 20 square foot
freestanding sign and all other signage on the building to be removed.
Mr. Wenger displayed the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity.
In response to a question from Council Member Mendez, Mr. Wenger stated
that "AB" allows a non -illuminated, freestanding, 20 square foot sign. He
stated that under the staff's recommendation, Mr. May would be required to
remove the existing signage on the face of the building.
Mr. David May stated that Airline Road is a heavy traveled road and that it
is traveled at high speed. He stated most motorists are unable to see his signs
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Regular Council Meeting
June 24, 1986
Page 17
at the rate of speed they are traveling; he would like to expand his business; a
20 square foot sign is not large enough; and he would like a 40 square foot
sign. He provided the Council with photographs of his business and the
surrounding businesses.
Council Member Guerrero stated that he did not like the current use of the
property, but he would support the staff's recommendation.
Council Member Mendez stated that a 20 square foot sign is sufficient.
A motion was made by Council Member Mendez that the hearing be closed;
seconded by Council Member Berlanga; and passed unanimously.
Mayor Jones stated that he would support the staff's recommendation.
Mr. Utter pointed out that Mr. May is not in agreement with the special
permit and that an ordinance is not before the Council because the Planning
Commission recommends denial.
A motion was made by Council Member Guerrero that the staff's
recommendation be approved; seconded by Council Member Berlanga.
Mr. May stated that he would rather the Council deny the request.
A motion was made by Council Member Guerrero to deny the zoning request of
"B-1" on Application No. 586-4, Mr. David May; seconded by Mayor Pro Tem Best;
and passed unanimously.
* * * * * * * * * * * *
Acting City Manager Briones stated that the luncheon with CC'90 Steering
Committee had been cancelled. It was decided that the luncheon would be
rescheduled for July 8, 1986.
Mr. Briones informed the Council that the staff would be holding a meeting
on hurricane preparedness at the Police Station, June 25, 1986, at 10:00 a.m.
* * * * * * * * * * * * *
Mayor Pro Tem Best expressed concern over the unemployment rate of 13% in
the City. He stated that perhaps the City needs a Business Retention Commission
in order to keep businesses in the City and also if a business is going to shut
down, perhaps the City can help in some way.
Mayor Jones stated that he did not feel another committee was necessary,
and that the Business Development Commission should make a report to the Council
on their efforts.
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Regular Council Meeting
June 24, 1986
Page 18
Mayor Jones also stated that the Allan Itz, Texas Employment Commission,
and JTPA could also report to the Council about what is being done locally.
Discussion followed regarding the Business Development Commission, the
manner in which the meetings are conducted, and incentives to bring business to
the City.
Council Member Mendez suggested a workshop meeting or possibly a retreat
with the Business Development Commission to discuss this issue.
The meeting was recessed at 5:14 p.m.
* * * * * * * * * * *
Mayor Jones reconvened the public hearing on annexation at 6:00 p.m.
Ms. Janie Espindola, 2230 Presa, stated that the annexation could not be
justified when there are not enough policemen in the current city limits.
Council Member Pruet stated that there are a total of 15 people involved in
the area to be annexed; the staff has reviewed police and fire requirements to
service the area; there is existing fire protection; and there will be an
increase of one police beat or approximately 4.5 man years.
Mayor Jones stated that this is an area that is growing; the City can watch
it grow in a haphazard way, or the City can monitor the growth. He stated that
this is an action by the Council, that is, to call the election. He stated that
it is his opinion the areas should be annexed because those areas enjoy the
benefits of being next to the City.
Council Member Berlanga stated that there is a need for more police in the
City and he plans to pursue a recommendation to increase the police force.
Mr. Jack Ratcovick stated that agreements should be finalized with the
County regarding responsibilities before any annexation takes place. He stated
that he is in favor of the annexation, but feels that the City is moving too
fast.
Mayor Jones stated that State law requires a service plan before areas are
annexed and that has been done.
Council Member Mendez stated that Judge Barnes was present at the hearing
held earlier in the meeting. Mr. Mendez stated that it is important to have an
intergovernmental agreement with the County regarding beach cleanup.
Mayor Jones recognized Senator Carlos Truan.
Mrs. Marie Spear, Editor of The Island Sun, stated that she is concerned
about police protection and beach cleanup. She pointed out that no one from the
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Regular Council Meeting
June 24, 1986
Page 19
City has spoken to Constable Ronnie Polston. She stated that along with the
beach comes a liability and these considerations should be looked at very
carefully. She stated that by not annexing the State Parks and government land,
what the City wants could still be accomplished.
Council Member Strong stated that the Council has not called for an
election -- this is a public hearing. She stated that the recommendation for
annexation comes from the Council Committee on island development and the
committee feels that it is time for the City to take responsibility of future
growth.
Council Member Pruet stated that he had written a letter to Senator Truan
suggesting that a committee consisting of city, county, and state represen-
tatives be formed for the purpose of reviewing beach issues.
Mr. Pruet stated that the City does not intend to take over the County's
power or any of the jobs they are performing. He stated that the Committee has
always looked at a cooperative effort from the beginning. He stated that the
County is aware that annexation is being discussed; nothing "sneaky" is being
done; the City is willing to cooperate with the County; the comments made by
Judge Barnes were very favorable; and annexation can only enhance the
development in the area.
In response to a question from Mayor Jones, Mr. Briones stated that the
annexation does not change the responsibility of Constable Polston.
Mrs. Spear stated that all of the details should be worked out before the
election. She reiterated that Mr. Polston should be contacted.
Mrs. Pauline Clarke, 3902 Mueller, stated that there should be a commitment
from the City that the barrier islands will be protected because that is the
first line of protection for the City. She stated that there should be a
specific policy to protect the dunes.
Mrs. Clarke stated that the beaches are unique in that the people have the
right to the beaches; that right must be guarded; and the City, under no
circumstances, should ever close the beaches. She stated that there should be
areas of control, but the beach should never be closed. She pointed out that
this is something no other State has. She stated that she is in favor of this
particular annexation in order to protect the economic base.
Council Member Strong stated that the Council Committee reviewing the
annexation shares Mrs. Clarke's concerns. She stated that the Dunes Protection
Act established by the State will not change as a result of the annexation, but
might possibly be enhanced.
Mrs. Strong stated that the issue of open beaches has been discussed in
great detail. She stated that the City, through platting requirements, can
require pedestrian easements through property lines which would guarantee
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Regular Council Meeting
June 24, 1986
Page 20
access to the beach so that individuals could park their vehicles and walk to
the beach. She stated that she would like to enhance the ability to go to the
beach.
Council Member Pruet stated that the island is a one -of -a -kind asset and
the City must take advantage of this and assure that this asset is preserved and
enhanced by whatever development takes place. He stated that in the long run,
the systematic development of the island is the future of Corpus Christi and
steps must be taken to make sure that development is in accordance with City
codes and at the same time, protect the environment.
Mrs. Betty Brandesky, 4017 Cork, stated that many areas in the current city
limits are overgrown with weeds and she does not feel the City can control this
on the Island. She stated that the people in the City should be taken care of
first before the City annexes any more property.
Mr. J.C. Sandoval, 6925 South Padre Island Drive, referred to Area "C" of
the annexation and stated that this lies in Kleberg County. He stated that the
Committee should meet with Kleberg County officials.
Council Member Strong stated that the Committee is to meet with Kleberg
County on June 25, 1986, at 5:00 p.m. to discuss the annexation. She stated
that Kleberg County strongly favors the annexation.
There were no other comments from the audience.
In response to a question from Mayor Jones, Mr. Briones stated that the
ordinance calling the election would be on the agenda July 15, 1986.
A motion was made by Council Member McComb that the hearing be closed;
seconded by Council Member Strong; and passed unanimously.
Council Member Pruet thanked those who attended the hearing.
There being no further business to come before the Council; on motion by
Council Member Mendez; seconded by Council Member McComb and passed unanimously;
the meeting adjourned at 6:49 p.m., June 24, 1986.
/td
_.snutes
Regular Council Meeting
June 24, 1986
Page 21
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of June 24,
1986, which were approved by the City Council on July 1, 198 i 66. (�
WITNESSETH MY HAND AND SEAL, this the / o i 1' ay of L�� I ( iii(' .
Armando Chapa City Secretary
City of Corpus Christi, Texas