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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. ..inutes 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 $3,350 for the Turkey Creek Drainage Improvements project. minutes Regular Council Meeting June 24, 1986 Page 9 8. Item Withdrawn - See Page 7 l.ntkffii/h ldddddddd/Qfil/thiel/aliddddlbk/NIMV 9'HHlt6l tihk l/i/ddJdddildY/rAXfitktil Xfikl/f6t/fMk/tk�EXt/kfid/tE¢Effifffi$/6f/tKk/�6XXXMEt/86EE/Wfitkt/8t6tE�k/TEfiIEI//THk/�66t1E/�6fXX kitktX6tlallWdliElin/k f 1 4 1IddIXKk/hiAlkk011atdd/XkddktlkykkkJlddliiit 6dttkfit/08NA/tk�dXtkd�kfitkl/tk¢Xfikkd�kfiE/6f/t8k/�XEff6t�/tEXXXfi�I/kfiE/XfiEffiXXAfXEfi 6f/ld/Hkka41Jr-h0VlEkgkll4144ddl II6*ktllYddddi!/II ,C1WV/t6tlIVVVWll0A1lfitk EtEiXEl6Xk/XfiltMkl�AEfktlIDX�6XEX6fil0�EtfiiXfi�/Sfid$ktl 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. Minutes 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. minutes 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. Ainutes 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 Minutes 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. ninutes 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 Minutes 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 ,inutes 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