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HomeMy WebLinkAboutMinutes City Council - 12/09/1986PRESENT: Mayor Luther Jones Mayor Pro Tem Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez *Bill Pruet Mary Pat Slavik **Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 9, 1986 2:00 P.M. Deputy City Manager Ernest Briones City Attorney Hal George City Secretary Armando Chapa Mayor Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Cliff Edge of Oak Park United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mendez. City Secretary Chapa 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 Council Member Mendez that the minutes of the Regular Meeting of November 25, 1986, be approved as presented; seconded by Council Member Slavik; and passed unanimously by those present. *Council Member Pruet arrived at 2:06 p.m. * * * * * * * * * * * * * Mayor Jones read a resolution commending Mrs. Patty P. Mueller for her dedication and involvement in the community. Mrs. Mueller stated that it has been a pleasure to be of service and she is very grateful for the recognition. City Secretary Chapa polled the Council for their vote as follows: RESOLUTION NO.19559 COMMENDING PATTY P. MUELLER FOR HER DEDICATED SERVICE AS A MEMBER OF THE CORPUS CHRISTI PUBLIC LIBRARY BOARD; AND DECLARING AN EMERGENCY. ItIRs€rtifg _,inutes Regular Council Meeting December 9, 1986 Page 2 The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Slavik voting "aye"; Strong absent at the time the vote was taken. **Council Member Strong arrived at 2:11 p.m. * * * * * * * * * * * * * Mayor Jones read a resolution commending Mr. Javier P. Chapa for his efforts on behalf of the City. Mr. Chapa thanked the Council for their support of the Comprehensive Master Plan and bond issue, and stated that he hoped more citizens would become involved in City government. City Secretary Chapa polled the Council for their vote as follows: RESOLUTION NO. 19560 COMMENDING JAVIER N. CHAPA FOR HIS DEDICATED SERVICE AS CHAIRMAN OF THE CITY OF CORPUS CHRISTI PLANNING COMMISSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Deputy City Manager Briones presented the Technology Achievement Award from the Public Technology Institute for Forecast Model - Debt Service Fund to Juan Garza, Assistant City Manager, and Ms. Debra Andrews, Director of Finance. He stated that this award was presented during the National League of Cities Meeting. * * * * * * * * * * * * * Mayor Jones administered the Oath of Office to the following newly appointed Board members: Mr. Claude D'Unger, Landmark Commission; Mr. Forrest W. Smith, C.C. Housing Improvement Corp./Loan Review Committee; and Ms. Judith E. Oestreich, Private Industry Council. * * * * * * * * * * * * * A motion was made by Council Member Guerrero, seconded by Council Member Pruet and passed unanimously by those present; that the following appointments be confirmed, as discussed during the morning workshop meeting: a. Citizens Advisory Health Board: Term: Blanca R. Garcia (City) - Reappointed 11-11-89 ,ainutes Regular Council Meeting December 9, 1986 Page 3 b. Landmark Commission: Laura P. Rodriguez - Reappointed 11-20-88 Juan Gomez - Reappointed 11-20-88 Allen Rumme - Reappointed 11-20-88 Gladys Tilley - Reappointed 11-20-88 Manley Springs - Reappointed 11-20-88 Alclair N. Pleasant 11-20-88 Joe L. Williams 11-20-88 Margaret Ramage 11-20-88 Robert Kipp Advisory c. Corpus Christi Public Library Advisory Board: Cecile Wavell - Reappointed Alicia Gallegos -Gomez - Reappointed Victor Lara Ortegon J. A. "Tony" Canales d. Sister City Committee: 11-05-88 11-05-88 11-05-88 11-05-87 Ralph Diaz 9/87 Leon Loeb 9/87 Thomas Tao 9/87 Laura E. Rojo 9/89 Richard L. Bowers (Advisory) 9/89 Ted Schoenberg (Chairman, Yokosuka, Japan Sister City Subcommittee) e. Planning Commission: James R. Lynch f. Civil Service Board and Commission: Barbara P. Campbell Food Service Advisory Council: g• 7-31-88 6-15-89 William K. Snyder (Community -at -large) 6-24-88 * * * * * * * * * * * * * Mayor Jones called for consideration of the following consent motions, noting that item 6 has been withdrawn: 1. M86-0489 Approving specifications for a five-year contract for the operation of a manual food and drink concession within the Gabe Lozano, Sr. Golf Course Club House. ..inutes Regular Council Meeting December 9, 1986 Page 4 2. Withdrawn - See Page 5. Apprev4mg--tHe-- I.e.t4.en-- €-the-lex#Agnea-Eenrter--Arm Etrcct -I presteneae-predeet frem-t4 a lk4runEer evit3t-pereiea-ef-ehe-4-9S2-44/4K t -Beadgrotranrr-suet-rea##e- eeE#ng-gppi4etria4 --f mA.iit-€er-eke t r-a€-r}ght-a€-wey-dor -tire-6reseeewm Expressway-Extens#enr 3. M86-0490 Accepting the Corpus Christi Beach Piling Removal and Marina Piling Replacement project, and authorizing total payment of $23,200 to the contractor, Bill N. Johnson, Inc. 4. M86-0491 Authorizing acquisition of two parcels of land located off McCain Drive at a cost of $3,675 for the Turkey Creek Drainage Improvements. 5. M86-0492 Granting an easement to Shoreline Terrace, Ltd. to allow the installation of a portion of two reinforced concrete footings in the public right-of-way of South Water Street as part of the construction of a parking garage on Lot 2, Shoreline Terrace Subdivision. 6. Withdrawn - See Page 3. Relent#ng-Eke-efr].y-+4744- irverd--froom-Ote-el tnEilos•-e€-Eke-McGee-Reeeh-6eneess#en Steed -and -anther#ang -the -6#ty-Manager -te-reedvere#se-€er-new -b#dss 7. M86-0493 Authorizing the extension of the agreement with Nueces County providing for the continuation of the City -County Magistrate Program. Funds for this activity are included in the 1986-87 budget. 8. M86-0494 Authorizing the City Manager, or his designee, to execute agreements with non-profit arts organizations to provide financial assistance totaling $160,000 for various arts and cultural programs as recommended by the Municipal Arts Commission. Funds are available from the Tourist and Convention Center activity, general fund reserve being held in Contingency Reserves, and from a grant from the Texas Commission for the Arts, as approved by the City Council in the 1986-87 budget. 9. M86-0495 Scheduling a public hearing on December 30, 1986, on the closure of the 14 -foot wide public alley in Block 16, Chamberlain's Subdivision. 11inutes Regular Council Meeting December 9, 1986 Page 5 10. M86-0496 Scheduling a public hearing on December 30, 1986, on the closure of two unopened street stubouts on the south side of Yorktown Boulevard west of South Staples Street. 11. M86-0497 Scheduling a public hearing for December 30, 1986, on the closure of a 40 -foot wide by 1,960 -foot long section of County Road 26A east of Cimarron Boulevard. 12. M86-0498 Accepting the School Sidewalk Program, Phase II project; authorizing final payment of $3,508.01 to T. Garza Construction; and granting the contractor a 47 -day time extension. Council Member Mendez referred to item 2, reallocation of Voluntary Paving funds for the Lexington Center Area Street Improvement project for the acquisition of right-of-way for the Crosstown Extension. He stated that there are many petitions for paving that were not included in the bond program, and suggested that the funds proposed for reallocation be used for these possible projects. Mr. Mendez requested information regarding the number of petitions that have not been included in any bond issue. Mayor Jones suggested that this item be withdrawn until the Council receives a report from staff about the number of voluntary paving petitions that were not included in bond issues. A motion was made by Council Member Mendez that item 2 be withdrawn, seconded by Council Member Guerrero and passed unanimously with Council Members Slavik and Strong absent at the time the vote was taken. Council Member Mendez referred to item 7, City -County Magistrate Program, and stated that this is a very needed program; it provides continuity; it expedites cases; it reduces the population at the jail; and he recommends the program be continued. There were no comments from the audience; a motion was made by Council Member Guerrero that items 1, 3 thru 5, and 7 thru 12 be approved; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of Consent Ordinances 13 thru 20. Council Member McComb referred to final payment to the contractor for the Animal Shelter Improvements, and stated that he had been contacted by a subcontractor on this project. Assistant City Manager Lontos stated that the contractor must submit an affidavit that the subcontractors are paid, and until that affidavit is received, payment is not released. _,inutes Regular Council Meeting December 9, 1986 Page 6 Mayor Jones called for comments from the audience. Mr. Steve Bray stated that he was a subcontractor on the project and he has not been paid by the contractor. Mayor Jones stated that this has been noted. City Secretary Chapa polled the Council for their vote and the following ordinances were approved: 13. ORDINANCE NO. 19561 AMENDING ORDINANCE NO. 19274 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS FOR SCHOOL SIDEWALK PROGRAM, PHASE II, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 14. ORDINANCE NO. 19562 APPROPRIATING $2,100 FROM THE NO. 262 PUBLIC HEALTH AND SAFETY BOND FUND FOR ADDITIONAL FUNDING TO FACILITATE FINAL PAYMENT TO THE CONTRACTOR APPLICABLE TO PROJECT NO. 262-85-1.1, ANIMAL SHELTER IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 15. ORDINANCE NO. 19563 APPROPRIATING $2,403.96 FROM THE NO. 295 STORM SEWER BOND FUND FOR ADDITIONAL FUNDING TO FACILITATE FINAL PAYMENT TO THE CONTRACTOR, BRACCO CONSTRUCTION COMPANY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 16. ORDINANCE NO. 19564 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 71 IN CONNECTION WITH THE NAVY CLEAR ZONES-CABANISS LAND ACQUISITION PROJECT; APPROPRIATING $758,500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." .,inutes Regular Council Meeting December 9, 1986 Page 7 17. ORDINANCE NO. 19565 TRANSFERRING $25,000 OUT OF THE 1986-87 TOURIST AND CONVENTION DEVELOPMENT FUND TO THE PERMANENT ART TRUST FUND; APPROPRIATING $4,000 OUT OF THE PERMANENT ART TRUST FUND TO PROVIDE SUPPORT TO THE FRIENDS OF CORPUS CHRISTI MUSEUM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 18. SECOND READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ROGERS FLOOR CO., INC. FOR THE ANNEXATION OF APPROXI- MATELY 4.74 ACRES OF LAND OUT OF LOT 8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The Ordinance was read on second reading and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet abstaining. 19. SECOND READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND E.H. MOORE HOMES, INC. FOR THE ANNEXATION OF APPROXI- MATELY 16.11 ACRES OF LAND OUT OF LOTS 21, 22, AND 23, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY. The Ordinance was read on second reading and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 20. SECOND READING AUTHORIZING THE EXECUTION OF A CONTRACT WITH COOPER OUTDOOR ADVERTISING FOR THE USE OF GAS DIVISION PROPERTY TO CONSTRUCT AND MAINTAIN A SINGLE POST SIGN FOR ADVERTISING. The Ordinance was read on second reading and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * ninutes Regular Council Meeting December 9, 1986 Page 8 21. M86-0499 Authorizing City Staff to proceed with the actions necessary to enforce the Building Standards Board Order on 2861 Lawnview, as modified by the City Council on May 27, 1986, which required the demolition or repair of the structure at 2861 Lawnview by November 27, 1986. Deputy City Manager Briones provided background information and stated that complaints had been received about the condition of the structures and the overgrowth; it was investigated by Neighborhood Improvement; they advised the owner to clean the property; the owner failed to comply; the case was heard by the Building Standards Board; the Board ordered the property to be cleaned and the structures to be repaired or demolished; the Council authorized an additional 90 days from the expiration date of the Board's order; that expired on November 27; the applicant asked for relief; and the Council asked for a delay until it could be reconsidered; and that is the case before the Council today. Mr. Kelly Elizondo, Director of Community Development, stated that the only change at the site is that a fence has been erected. He stated that the property is in need of major repairs; the house is on the ground, as the piers have eroded; the roofing is in bad shape; there is no foundation; plumbing is inadequate; and the structure is substandard. Mr. Elizondo stated that the structures pose a health and safety hazard, and they are a blight on the neighborhood. In response to a question from Council Member Guerrero, Mr. Elizondo stated that repairs would cost approximately $40,000, and that the cost to demolish the structures would be $750 to $1,500, but there would be no cost for demolition to the owner, if she meets the guidelines. Mrs. Pat Duaine, speaking on behalf of Mrs. Irene Roe, the property owner, stated that a neighbor living behind Mrs. Roe filed the initial complaint because she wanted the street closed which approaches the back of her property in order to add land to her property. She stated that she tried to convince Mrs. Roe to have the property cleaned and the structures demolished, and she feels the Council should extend the time period to six months and should allow the buildings to be demolished. Mayor Jones asked Mrs. Duaine to clarify what she wants. Mrs. Duaine stated that the City should approach Mrs. Roe about tearing down the structures for $700. Mr. Briones stated that Mrs. Roe is facing the order for demolition as of November 27 and that deadline needs to be relieved. Aida Naire, 402 Breezeway, stated she owns the property next to Mrs. Roe; the area has been overgrown for 17 years; there are rats and possums at the property which get into her house; the structures were to be demolished and cleaned; and she urged the Council to order this done. ..inutes Regular Council Meeting December 9, 1986 Page 9 Mr. Russell Wagner, 2862 Austin, referred to the remarks made by Mrs. Duaine regarding the street closing and stated that that is not true. Mr. Wagner stated that the police have arrested people at the property for dealing in drugs and there was also a shooting on the property. He urged the Council to order the property to be cleaned. Mayor Jones stated that the property should be cleaned within 30 days and if not, demolish the structures. In response to a question from Council Member Slavik, Mr. Elizondo stated that Mrs. Roe has been advised that the demolition services are free. Council Member McComb made a motion that the Council support the staff recommendation to enforce the existing order within ten days; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * * 22. M86-0500 Authorizing the City Manager to sign a consent to assignment form to allow for the transfer of all related benefit services for administration of the City's self-funded insurance program. Assistant City Manager Garza explained that James Benefits is divesting from Fred S. James & Co., under a new organization name "Alta Health Strategies, Inc." There were no comments from the audience; a motion was made by Council Member Mendez that item 22 be approved; seconded by Council Member Strong; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of Ordinance 23, restricting curbside parking on Gollihar Road, both sides, between Ayers and Carroll Lane. Council Member Mendez stated that this is a good recommendation, and Council Member Guerrero inquired if the affected businesses had been notified. Mr. Lontos stated that he would report to the Council before second reading, but he is sure the businesses were notified. There were no comments from the audience; City Secretary Chapa polled the Council for their vote as follows: 23. FIRST READING AMENDING CHAPTER 53, TRAFFIC, SECTION 53-252 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. _.inutes Regular Council Meeting December 9, 1986 Page 10 The Ordinance was read for the first time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones announced the following public hearing: 24. Closing the 15 -foot wide public alley between Craig Street and Morgan Avenue in Block 9, Bayview Subdivision, Unit 2. Assistant City Manager James K. Lontos located the alley on a map and informed the Council that the request to close the alley was from the citizen who owns the corner property. Mr. Lontos stated that the applicant wants to expand his property through the alley; the neighbors have complained about people gathering in the alley and the drug traffic that exists there; all City departments concur that the alley should be closed; there is no access from the alley to any abutting properties adjacent to the alley; and the staff recommends the closure and that the applicant be allowed to expand his business, subject to his platting the property. Mayor Jones called for objections to the alley closure from members of the audience. Mrs. Sharon Longoria spoke in opposition and stated that she owns the property adjacent to the applicant, Mr. Medina; she has renters living on that property; they use the alley for access and for parking; she denied that drugs are a problem in the alley; and stated that she would like for the alley to remain open. Mr. Lontos inquired of Mrs. Longoria if there was a garage that opened onto the alley, and Mrs. Longoria replied that there was not. Mr. Lontos continued by stating that it is proposed to close the alley but to retain an easement all the way through except behind Mr. Medina's property. Mrs. Longoria stated that she has five families renting units on the one lot, and they use the alley for parking and access to their houses. Council Member McComb noted that Mrs. Longoria has five units on her property and inquired about the zoning. Mr. Lontos indicated that he did not know what the zoning was and stated that the staff's recommendation was based on the fact that they did not see any evidence of direct access from the alley and they did not know that there was any particular use other than people parking in the alley. He stated that if the Council finds that there is public use, the staff would not recommend closing the alley. Council Member McComb again questioned whether or not there might be a zoning violation on Mrs. Longoria's property. _.inutes Regular Council Meeting December 9, 1986 Page 11 Mr. Victor Medina, Jr., 4154 Harry, owner of the property in question, stated that his tenant, Mr. Bentfield, has actually seen the drug dealers operating in the alley; alleged that Mr. and Mrs. Longoria are never there to see this; and that is why he submitted his application. He pointed out that the alley is not serviceable from Morgan to Craig Street, and he has had difficulty persuading people to clean the alley. He emphasized the fact that only about 100 feet of the alley is used and expressed the opinion that Mrs. Longoria's tenants can park in the front of her property. Ms. Betty Hall, 1602 Morgan, pointed out her property on the transparency. She stated that Mrs. Longoria's apartments list an address on 14th Street; within the past two years there have been 4 burglaries, 3 of which were Mrs. Longoria's tenants; drinking occurs in the alley; and she feels that the tenants should park on 14th Street which is the posted address. Mrs. Lois Hall stated that thieves have stolen $10,000 worth of property from their office on Morgan; trash is thrown from the apartments over the fence onto the property; for many years the alley was not open; the tenants would park in her parking spaces and she would have the vehicles towed; and she stated that the alley should not be open. Mrs. Longoria spoke again, stating that her tenants are lower-income, but they are not trash. She stated that the alley closing would not rectify anything. Council Member Strong inquired if there was access from the 14th Street side of the property around back. Mrs. Longoria stated that there is a driveway and a home; three cars could park there, but not four. She stated that there is a walkway. Ms. Hall stated that there appears to be walking access to 14th, and the City needs to review the parking situation for compliance. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Strong; and passed unanimously. Mayor Jones stated that the City has a policy of encouraging alley closures if the alley is not used, but in this case the alley is used; therefore, he cannot support the closure. Council Member Mendez stated that there are zoning issues involved; the property contains five buildings and only three parking spaces. He stated that the tenants need access, even though the property is in non-compliance. He stated that the drug problem should be handled by the police. A motion was made by Council Member Mendez that the request to close the alley in Block 9, Bayview Subdivision, Unit 2 be denied; seconded by Council Member McComb. _ inutes Regular Council Meeting December 9, 1986 Page 12 A motion was made by Mayor Pro Tem Best to table the item so it can be determined if there are zoning violations. There was no second to the motion. Council Member Mendez pointed out that this is a non -conforming use, and until the property is sold or vacant for one year, it will remain a non -conforming use. The motion to deny passed as follows: Jones, Berlanga, McComb Mendez, Slavik, and Strong voting "aye"; Best voting "no"; Guerrero and Pruet absent at the time the vote was taken. * * * * * * * * * * * * * 25. Closing the unopened public right-of-way of Smith Drive northwest of River Forest Drive. Assistant City Manager Lontos stated that the the O.N. Stevens water intake is located here; Smith Drive goes into River Forest Drive; the right-of-way is unimproved and is not open on the ground. He stated that this area has been used to dump trash. He stated that it is recommended that this portion be physically closing without abandoning the right-of-way because it might be utilized in the future. He stated that staff recommends the closure and that the area be fenced. Mr. Lontos displayed a transparency and provided the Council with photographs of the area. There were no comments from the audience; a motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Pruet; and passed unanimously with Council Members Berlanga, Guerrero, and Strong absent at the time the vote was taken. A motion was made by Council Member Mendez to physically close Smith Drive; seconded by Council Member Pruet; and passed with Council Members Berlanga, Guerrero, and Strong absent at the time the vote was taken. Mr. Lontos stated that it would not be necessary to pass an ordinance. * * * * * * * * * * * * * 27. Application No. 1086-3T, Dr. Patrick J. Moran: For a proposed change to the text of the City Zoning Ordinance #6106 as follows: Amend Article 31, Newly Annexed Territory, by amending Section 31-5 setting forth a zoning classification of "B-4" General Business District on 7.111 acres of land out of Lot 1, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Saratoga Boulevard and South Staples Street. einutes Regular Council Meeting December 9, 1986 Page 13 Mr. Larry Wenger, Director of Planning, displayed the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He stated that two notices were mailed, one was returned in favor; none were returned against; and the Planning Commission and Planning Staff recommend approval. There were no comments from the audience; a motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member Mendez; and passed unanimously with Council Members Guerrero and Strong absent. City Secretary Chapa polled the Council for their vote as follows: ORDINANCE 19566 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A SUBSECTION SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF LOT 1, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye"; Guerrero and Strong absent at the time the vote was taken. Council Member McComb noted that the zoning case just heard by the Council was pre -zoning prior to annexation; the vote was unanimous; and no one spoke in opposition. * * * * * * * * * * * * * 26. Annexation of 73.4 acres of land on Padre Island south of Whitecap Boulevard, east of Padre Island Drive, west of Gulf of Mexico, and bordering Nueces County Park No. 1, owned by Lake Padre, Ltd. Mayor Jones informed the audience that the Council would vote on the ordinance next week -- no vote would be taken today. Mr. Wenger displayed a transparency of the area; he stated that this is a contractual annexation hearing; it is the second public hearing required by State law; and it consists of approximately 73.4 acres of land which is in the platting process. Council Member Pruet pointed out that the Council has the minutes of the first public hearing and has had access to the tapes. Mr. Wenger agreed. Mr. Wenger stated that the plat is called Lake Padre; it consists of 99 acres, of which 25 acres are already in the City limits; therefore, the remaining 73.4 acres are under consideration. He stated that the plat was submitted and considered by the Planning Commission on September 17; one of the conditions of the plat was contractual annexation, as provided in Section ainutes Regular Council Meeting December 9, 1986 Page 14 55-111, City Code of Ordinances, which requires annexation prior to obtaining city water. He stated that the developer requested annexation by contract submitted on October 27; the hearings were set for December 8 and 9; the plat includes approximately 16 lots, 8 of which are partly in and out of the City limits; it includes three -fourth miles of street; and the next action after the hearing is a three -reading ordinance authorizing execution of a contract by the City Manager for annexation; and on December 30, the ordinance annexing the property would be considered. Council Member Slavik asked why there would be no additional fire or police needed. Mr. Wenger stated that there is already this piece of property. He stated that the EMS. He stated that utility construction process that the developer install all the the City would take over maintenance. a police beat that can take care of same condition applies to Fire and is a requirement of the platting necessary infrastructure, and then Council Member Slavik stated that the sewage treatment plant is reaching an overload situation and asked what the City plans to do. City Attorney George stated that the City is in litigation regarding Padre Isles Investment Corporation for a contract to expand the sewer plant; the City is in the process of enforcing that contract; at one point the plant went to capacity now; his information is that it is not at capacity; there is a contract with Padre Isles Investment Corporation; and through bankruptcy proceedings, the City will enforce that. Council Member Slavik stated that maintenance of the streets is an expense, and Mr. Wenger stated that that applies to any development. Council Member Slavik referred to the timetable for annexation, and Mr. Wenger stated that December 30 is the earliest date for annexation, and April 7 is the latest. Council Member McComb stated that the relocation of Whitecap Boulevard, which was included in the recent bond sale to provide direct access to the public beach could not be performed if this is not annexed. Mr. Wenger agreed, noting that the plat was approved subject to annexation. Mr. Ralph Durden stated that the purpose of a public hearing is to provide facts to the public and Council; a contractual annexation is a normal occur- rence, but in this case it is not on Staples Street; therefore, he would like to present facts. He stated that an ordinance exists which outlines what must be done; this occurrence has taken place many times in the last 30 years; the difference between this and the ones that the Council passed casually is that this has been before the public for almost 1} years. He stated that this annexation is one piece of the master plan the Council endorsed in 1985; his clients have spent in ainutes Regular Council Meeting December 9, 1986 Page 15 excess of $1 million in meeting the City requirements and environmental require- ments; public access can be provided to the beach, and in addition to that, wetlands can be preserved; there are 26 acres that are already inside the City limits; it has always been the plan to annex this into the City; the cost to relocate Whitecap is $1} million of which $700,000 will be provided by the developer; the total construction cost of Lake Padre is $7 million; none of that is public money; there is also a $65,000 water fee that must be paid to the City; the City will have the responsibility of maintaining the streets, but his reputation as a builder speaks for itself in that regard; tax revenue will be provided to many governmental entities; he emphasized that he is not proposing a Reinvestment Zone, and would not support one unless all authorities agreed it was in their interest; this is the most important thing to happen on the island in 15 years; $1.2 million in taxes is paid on the island; and Flour Bluff ISD receives 27% of their revenue from the island. Mr. Durden stated that the emotions need to be taken out of this issue; this project will produce jobs and tax revenue; and it will increase tourism. A motion was made by Council Member Mendez that comments from the audience be limited to three minutes per speaker; seconded by Council Member Pruet; and passed unanimously. Mr. Glen Lanmon, 11801 Rustlin' Cove, spoke in favor of the contractual annexation noting the importance of tourism to the City. He stated that this will also create jobs. Mr. David Saenz, 1430 17th Street, spoke against the contractual annexation, noting that the voters rejected the annexation proposal and this property was included in that proposal. Mr. Ernest Duncan, 805 MBank, stated that he represents individuals who have a 38% mineral interest in the property under consideration for contractual annexation, and these individuals were not party to the application for contractual annexation. He stated that annexation would have an adverse effect on that interest. City Attorney George stated that this is the first time that he is aware of owners of mineral rights who had a different opinion from surface owners. He stated that he received a copy of the letter to the Council from Mr. Duncan, and two attorneys are researching this matter at this time; a definite conclusion has not been reached; but at this stage, it is not necessary for the mineral owner to join in the application. He stated that he will have a final opinion before the vote on the ordinance, but for the purpose of annexation, all that is needed is the permission of the surface owner. Mayor Pro Tem Best noted that Mr. Duncan's clients are minority owners. In response to a question from Council Member McComb, Mr. George stated that the City's drilling ordinance only applies inside the City limits. He stated that the drilling ordinance would be applicable to this land after annexation. ,,inutes Regular Council Meeting December 9, 1986 Page 16 Mr. Jeff Boudreaux, 5949 Long Creek, spoke in favor of the annexation, stating that as a developer, he has been in the position of agreeing to annex property to the City in order to obtain water. He noted that a great deal of the area on the south side of the City was developed after contractual annexation had occurred. Mr. Boudreaux pointed out that both parties would benefit from the proposed annexation -- the developer would be able to obtain water service; the City would benefit from the increase in the tax base; and other taxing entities would also receive additional tax income. Mr. Boudreaux continued by informing the Council that throughout the planning of this area, everything was accomplished according to City specifications. He also noted that the City has almost no investment on Padre Island. He urged that the Council take the initiative to annex this area on which the Texas Riviera will be located and pointed out that the development would be quite an asset to Padre Island and to the City. Mrs. Pat Duaine, 4909 Branscomb, stated that she represents a tremendous number of citizens in the community and she feels that they are due the proper respect from the City and are entitled to know what the City is planning to do in advance. She referred to other incidents that had occurred in the past at which time citizens were not made aware of the City's plans. She stated that she felt that it would have been preferable if the City had requested Mr. Ralph Durden to conduct public hearings to explain his plans for the Island. She reiterated that this Council has been remiss in keeping the public informed, and this secrecy has created suspicion among the citizens. Mrs. Linda Schnaf, owner of Padre Island Boutique, explained that she has joined the Flour Bluff Business Association; they are 100 percent in favor of the plans of Lake Padre Limited; and pointed out that there have been many meetings, hearings and presentations. She continued by stating that there are many condominiums that have been constructed on the Island; they need to be sold; and the people on the Island support Mr. Durden's plans because the proposed development will help everyone on the Island and improve the City. Mr. Jack Lavers, 14326 Dorsal, stated that it is important that the residents of Padre Island supported annexation in the stated that Mr. Nick Nickoloric could not be present, but wanted Council that the Padre Island Property Owners Association is in annexation. Mr. David Guerra, 5317 Alaniz, stated that the annexation defeated by the voters and the beaches should remain unspoiled. to recognize election. He to remind the favor of the election was Mr. S. J. Johnson, 4941 Andover, stated that he was discouraged that the mandate of the people was not upheld. Ms. Elizabeth Walker, 13907 Seahorse, spoke in favor of the annexation. She stated that the island needs development and it is an important part of tourism. :iinutes Regular Council Meeting December 9, 1986 Page 17 Mr. Sabu, 14310 Playa del Rey, stated that the annexation is against the voters will. He stated that the project has serious flaws in that a bridge will be constructed over Packery Channel and it will force people to go through the proposed marina if their boat is too large to go under the bridge. He stated that the cut would have a dog -leg and the direction is against the natural flow of the wave action; therefore it would constantly shoalup and become a maintenance burden. He stated that there are four or five natural cuts within a few miles of this development, and if the island is going to be cut, it should be done properly. He stated that he is in favor of annexation and development, but not as it stands because of the flaws in the project. Mr. Hank Snyder, 9 Rockcreek, stated that he was in favor of the annexation election. He stated that Mr. J.E. O'Brien felt that the annexation election involved too much land and should be cut to smaller size -- that is what's being done. Mr. Larry Latour, 13802 Top Sail, stated that he is in agreement with the annexation. He noted that this annexation involves only 1/400th of what the election involved. He stated that there have been 51 annexations since 1984, 9 this year, and none were opposed. Mr. Cheyenne Eichelberger, 2206 Saxony, stated that he was speaking as a citizen and not a representative of the Planning Commission. He stated that most of the questions at last night's public hearing were about the cost, and those have been answered. He stated that there are many things that could be done to improve communications between the citizens and City government. He stated that telephone hotlines can be an effective vehicle for public opinion. Mr. Andy Agan, 3105 Sylvan Crest, stated that this annexation is the first step towards providing another source of income for the City. Mr. Bob Shattuck, Executive Director of the Builders Association, stated that the Association supports the annexation of the Lake Padre property. He stated that contractual annexation is a standard procedure in the development process; it is as much a standard as platting and zoning; and development cannot take place without it. He stated that to not allow annexation, is to discourage development. He stated that it is a mistake to view the election results as a mandate from the people that Padre Island never develop. He pointed out that the reason the tax base remains low is because of growth and development. Mr. Bill Cole, 1337 York, stated that the annexation would create a financial black hole where tax dollars could disappear. He stated that the Council has made an enormous miscalculation by underestimating the voters' intelligence, and cautioned not to add to it by underestimating their tenacity. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Guerrero; and passed unanimously. Mayor Jones read the following statement: iinutes Regular Council Meeting December 9, 1986 Page 18 The purpose of annexation is primarily a process by which taxes are equalized. When a piece of property contiguous to a City enjoys the benefits of being in the City, that property should be required to support the total City with a payment of taxes. The Annexation laws in the State of Texas are generally considered to be a model for the Nation and prevent such conditions developing such as have occurred in St. Louis, Missouri, which is surrounded by at least 20 separate political subdivisions with their own school systems, City administrations, ad infinitum. To build a wall around the City of Corpus Christi means that the existing taxpayers will have to bear the increasing costs of govern- ment as the years go by. The tax rate in the City of Corpus Christi in 1978 was 80C per $100 of assessed valuation. The tax rate since 1983 has been 56.5c. This decrease in the tax rate has been possible only because of the growth in the tax base which was made possible by annexations, new construction, and increased value of existing properties. The bond rating by Moody's for the current bond sale points out that the market value of taxable property is as follows: "the market value of taxable property has increased significantly to $6.7 billion in 1986 from $3.2 billion in 1980." The argument that the voters turned down this annexation is faulty in that this annexation proposal is for approximately 73.4 acres whereas the annexation proposal was for several times that amount. Corpus Christi has historically taken in major tracts of land under development under the same provision proposed in this case, and most of the development south of Saratoga has been annexed using this provision of the Texas Annexation Law. Finally, in summary, it is my opinion that the best interest of the taxpayers of Corpus Christi will be served by this voluntary annexation and that we, as a Council, should not deny the benefit of increased tax revenues that will accrue to Molina, Calallen, Flour Bluff and every other section of the City. Council Member McComb asked for staff comment concerning the criteria that has been met in order to bring this contractual annexation to this point. Mr. Briones stated that all of the conditions of the annexation have been met, although there are some conditions in the platting process that will be met after contractual annexation takes place. Mr. McComb inquired if these are the same conditions that are met on a non-discriminatory basis by any developer that wants to be annexed, and Mr. Briones replied in the affirmative. Council Member McComb provided the Council and the news media with an information packet regarding previous contractual annexations. He displayed a map which indicated the lands that have been contractually annexed since 1980, and stated that the concerns that have been expressed during the public hearing have never been expressed on any of these contractual annexations. He pointed out that Ordinances 18 and 19 on the agenda were second readings of contractual annexations and were passed unanimously by the Council; there were no minutes Regular Council Meeting December 9, 1986 Page 19 comments, pro or con, from the audience; and many of these people were present during that vote. He stated that he cannot support rejecting the request for annexation because the developer has met all the contractual agreement requirements that the City has presented. He stated that 51 parcels have been contractually annexed since 1980; none have been denied because they've met the criteria that's been established by either the Planning Commission or by ordinance; and he does not feel that the Council can reject this and place the City in a position of litigation. He stated that the election in August concerned the annexation of the National Seashore and State Park. He stated that from an ethical, legal, technical, and moral standpoint the Council has no choice but to accept the contractual annexation. Council Member Slavik stated that the previous contractual annexations do not apply because this is an unusual case because of the annexation election and there has been so much confusion. Council Member Slavik made a motion that this item be added to the election on April 4. There was no second. Council Member Slavik stated that this is a bad precedent and she will not vote for it. Council Member Mendez stated that those kinds of statements contribute to the misconception by the public. He stated that over 2,624 acres have been contractually annexed since 1980 and those are the facts that should be looked at. He stated that certain individuals should not be treated differently; the election cannot be associated with this contractual annexation; the Council should look at what is best for the City; and he pointed out that there has not been any opposition to contractual annexations in the past. He stated that everyone should be treated the same, whether they are on Padre Island or on FM 624. Council Member Strong stated that she agrees with the comments made by Mayor Jones and Council Members Mendez and McComb. She stated that the Council cannot discriminate against one developer when the City Charter states that annexation is a requirement to obtain water. Council Member Mendez stated that this has been discussed for years; the Council approved the Riviera Project Master Plan; and it's time to move forward. Mayor Jones stated that the ordinance authorizing execution of the contract will be read for the first of three readings on December 16. * * * * * * * * * * * * * City Attorney George informed the Council that Mr. Don Butler, CP&L rate consultant, has stated that there is no reason for the City to be involved in the current proceedings; therefore, there is no reason to intervene. * * * * * * * * * * * * * Regular Council Meeting December 9, 1986 Page 20 Mayor Jones called for petitions from the audience. Dr. Howard Tirschwell, Chairman of the Sister City Committee, introduced the members of the Veracruz Subcommittee, Mr. Ted Schoenberg, Ms. Alma Meinrath, Melba Jiminez, and Joe Morales. Dr. Tirschwell stated that four Council Members from Veracruz will be visiting on December 13, 14, and 15. He stated that they would like to return the hospitality the members received when they visited Veracruz by holding three events. He stated that approximately $600 to $900 is needed. He stated that their budget is $11,800; they wanted to send 10 students to Veracruz; airfare has increased; therefore they need additional funds to conduct the events for the visiting Council Members. Mayor Jones stated that in his opinion, only four students should be sent. Council Member Berlanga stated that there are 10 schools and they did not want to omit anyone. In response to a question from Mayor Jones, Dr. Tirschwell stated that the money for entertainment would have to be taken from the money designated for the exchange program. A motion was made by Council Member McComb that the money be used from the budget for the welcoming and reduce the number of students in the exchange program. Dr. Tirschwell stated that there would not be enough money left if this were done. There was no second. Council Member Mendez stated that the money can be found, noting that there needs to be a welcoming. Mayor Jones inquired if Dr. Tirschwell had made a commitment to Tampico to send ten students, and Dr. Tirschwell replied no, but it was discussed. Dr. Tirschwell stated that there will be an entertainment event at his home on Sunday night and invited the Council. Council Member Slavik suggested that Dr. Tirschwell contact Jack Bell for food arrangements. A motion was made by Council Member Pruet that an expenditure up to $750 be authorized at the City's expense; seconded by Council Member Berlanga; and passed unanimously with Council Member Strong absent at the time the vote was taken. Mr. David Saenz, 1430 17th Street, stated that the vote on the annexation did not make any difference. inutes Regular Council Meeting December 9, 1986 Page 21 There being no further business to come before the Council, on motion by Council Member Pruet; seconded by Mayor Pro Tem Best and passed unanimously; the meeting was adjourned at 5:45 p.m., December 9, 1986. /td 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 December 9, 1986, which were approved by the City Council on December 16, 1986. WITNESSETH MY HAND AND SEAL, this the (� day of /10 . Armando Chapa, City Secretary City of Corpus Christi, Texas