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HomeMy WebLinkAboutMinutes City Council - 12/29/1987PRESENT Mayor Betty Turner Mayor Pro Tem Mary Rhodes Council Members: David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Pat Slavik Linda Strong MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 29, 1987 9:00 a.m. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa Mayor Betty Turner called the meeting to order in the Council Chamber of City Hall. The invocation and Pledge of Allegiance to the Flag of the United States were given by Council Member Mary Pat Slavik. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. A motion was made by Council Member Berlanga that the Minutes of the Regular Council Meeting of December 22, 1987 be approved as presented; seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * * Mayor Turner announced bid openings on three engineering projects. 1. Underground Vehicle Detection System for Stage III, Traffic Signal Improvements on Kostoryz, Doddridge, Weber and Airline Streets. Mr. Victor Medina, Director of Engineering Services, opened bids on this project from the following firms: Fairbairn Electric; and V. C. Huff. 2. Sanitary Sewer in Nottarb Subdivision project. Mr. Medina then opened bids on this project from the following firms: CAT Contracting, Inc. and J & B Contractors. Council Member Pruet inquired about the reason so few bids were received on this project. lnutes Regular Council Meeting December 29, 1987 Page 2 Mr. Medina stated that it might possibly have been because gasoline had been discovered in the area and contractors may have been hesitant to submit bids. He noted, however, that included in the specifications is a contingency item in the event adverse conditions are discovered after the work has started. He also explained that the City could not identify the source of the gasoline. Mayor Turner suggested that a letter be sent to all companies that checked out plans and specifications to determine why they did not submit bids. She asked that the Council be provided with copies of the letter. 3. Waterline Relocation - Oso Creek at Chapman Ranch project Mr. Medina opened bids on this project from the following firms: CAT Contracting, Inc.; Stefek Construction Company; and Tennessee Pipeline Construction Co. Mr. Medina noted that contractors submitting bids on all three projects had submitted the required bid security bond or check and had acknowledged receipt of all addenda. Mayor Turner expressed appreciation to the bidders for submitting bids on the above projects. * * * * * * * * * * * * * Mayor Turner announced the public hearing on assessments for the IH 37 -US 77 (Calallen) interchange project indicating assessments of $103,526.88 on 36 items. City Attorney Hal George stated that this hearing is required by Article 1105-B of VACS which specifies that the City must prove that the property involved will be enhanced at least in the amount of the assessments. He called as his first witness Mr. Victor Medina. Through questioning of Mr. Medina, Mr. George determined that he has a degree in Civil Engineering from the University of Texas in Austin; he is a registered engineer in the state of Texas; he is Director of Engineering Services for the City of Corpus Christi; and that he is familiar with the project. Mr. Medina testified that the project includes improvements to the frontage roads along the north, south and west sides of the Calallen interchange; the State Department of Highways and Public Transportation had received bids on the project on October 6, 1987 and low bid in the amount of $27,307,312.96 had been submitted by Heldenfels Brothers, Inc. Mr. Medina stated that the contractor had 750 days to complete the project; the preliminary assessments total $103,526.88 on thirty-six items; the City's portion for the project is $259,801.78. He explained that there are existing curbs and gutters on the west side of IH 37 but none on the other side. He stated that he was of the opinion that all properties should be assessed because the existing curb has been in place since 1958, and the ordinance specifies that no credit should be given to inutes Regular Council Meeting December 29, 1987 Page 3 improvements that are over thirty years old. He stated that some of the property is commercial and some is residential. Mr. George called as his next witness Mr. George Paraskevas to provide his expert testimony on the assessment roll. Mr. George questioned Mr. Paraskevas and ascertained that he is a real estate broker, that he has a broker and real estate license, and stated that he appraises both commercial and residential property. Mr. Paraskevas stated that, in his opinion, all of the property will be enchanced at least in the amcunt of the assessments with the exception of 11 parcels of land. Mr. Paraskevas stated that he had examined property that has curbs and gutters, and although it is thirty years old, in his opinion, it is still in good condition and the property owner should not be assessed. He stated that Item 14, owned by Rodney G. Camp, et ux, should not be assessed at all and the owners of the properties listed as Items 18, 19a -g, 20, 21, 22, 23, 25, 26, 27, 28 and 29 should not be assessed for curb and gutter. Council Member Slavik asked Mr. Paraskevas for his opinion of the City's thirty-year rule of charging for new curbs and gutters and why he did not feel that the property owners should be assessed. Mr. Paraskevas explained that the curbs and gutters on these pieces of property look pretty good and he did not know the expected life of such improvements. Council Member Slavik expressed the opinion that they should be assessed but possibly at a lower rate. Mayor Turner called for comments from the audience. Mr. Kelly V. Cobb, 12922 East Redbird, objected to the assessments for his property noting that it was condemned at 87 cents per square foot; curbs, gutters and sidewalks will not enhance his property because they do not have access to IH 37; and he objected to the fact that City crews have already performed some utility work and left his driveway with only gravel. He mentioned other inconveniences and reiterated that they have no access from their property. Mr. Medina pointed out that all of that property was acquired by the state of Texas, not the City. Council Member Moss noted that it is a state highway and it is City right-of-way that is required for utility lines. Mr. Paraskevas was asked for his opinion, and he stated that it is his understanding that this piece of property has been purchased and the owners received a fair price; the curb and gutter had been moved back; and he felt that they should be assessed. inutes Regular Council Meeting December 29, 1987 Page 4 Council Member Guerrero noted that the assessment is $581.13 and asked Mr. Cobb if he did not think his property would be enchanced at least in that amount, and Mr. Cobb stated that the sidewalk will come within three feet of his bedroom window and the sidewalk would actually be an inconvenience to him because of invasion of their privacy. He again stated his property would certainly not be enhanced. Council Member Guerrero inquired about the zoning on the property, and City Manager McDowell stated that it is zoned B-4. Mr. Medina pointed out that it will be valuable property in the future. Mrs. Millie Cobb, 12922 East Redbird, stated that this is their home and expressed the opinion that no one could use the sidewalks anyway. Mayor Turner suggested tabling this item for further consideration, and City Attorney George pointed out that this is a public hearing and the ordinance will not be before the Council until a later date. Mr. Ted Eaton, pastor of Calallen First Baptist Church, Item 20 on the assessment roll, pointed out that if a sidewalk is installed adjacent to their property, they would have to construct a retaining wall to keep the soil from washing away. Mayor Turner pointed out that Mr. Paraskevas has recommended that the church not be assessed for curbs and gutters. Mrs. Pauline P. Duff, 11645 Coleta Creek, stated that she has two acres of unimproved property and stated that they would never need curbs and sidewalks there. Mr. Medina pointed out that the City ordinance requires that all property have sidewalks when streets are being improved. Mayor Turner inquired if the sidewalk was really needed, and Mr. Medina stated that it may not be needed today but it may be in the future. Council Member Guerrero pointed out that if the City does not have consistent development and later has to come back to construct a sidewalk, the cost will be greatly increased. Mr. Pat Bickham, 3710 Country Estates, Item 7, informed the Council that a portion of his property was taken for right-of-way. He also questioned the need for the sidewalks and how far the sidewalk would extend. Mr. Medina stated that the sidewalks extend to Ripple Street, and Mr. Carl Crull, Engineer, stated that is the end of curbs and gutter section also. Lnutes degular Council Meeting December 29, 1987 Page 5 Mr. Bickham inquired as to how the assessments were determined, and Mr. Medina stated that property owners are assessed 80 percent for the sidewalks and 100 percent for curbs and gutters. Mr. Carl Crull, Design Engineer, stated that there is a $1 minimum charge for sidewalks in residential areas. Mr. Medina informed the Council that there is a possibility of errors on Items 8 and 12 and the Staff is recommending that no assessments be made against the property in Item 12 but there should be assessments on Item 8. Mayor Turner suggested that the hearing not be closed until the owners of those two pieces of property have been notified. A motion was made by Council Member Strong that the assessment hearing be recessed for one week; the motion was seconded by Council Member Moss. Mr. Moss stated that the property owners should receive the same letter showing the amount of their assessments before the hearing is conducted. The motion to recess passed unanimously. Mayor Turner called for consideration of Consent Motions 1 thru 4. 1. M87-0409 Approving plans and specifications and authorizing receipt of bids on January 26, 1988, for improvements to Austin Neighborhood Park. 2. M87-0410 Approving plans and specifications and authorizing receipt of bids on January 26, 1988, for the relocation or adjustment of water and wastewater lines along Park Road 22 between Waldron Road and Laguna Madre. 3. M87-0411 Scheduling a public hearing for January 12, 1988, on a request to close a 5 -foot wide by 121.5 -foot long portion of Green Street right-of-way adjacent to Lot 1, Block R, Lexington Place Subdivision. 4. M87-0412 Accepting the Flour Bluff Fishing Pier project; granting an 88 -day time extension; and authorizing final payment of $17,794.99 to King Construction Company, Inc. inutes Regular Council Meeting December 29, 1987 Page 6 There were no questions from the Council or the audience on these motions. A motion was made by Council Member Slavik that Items 1 thru 4 be approved; seconded by Council Member Strong and passed unanimously by those present and voting; Guerrero and Pruet absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 5 thru 16. Mayor Pro Tem Rhodes referred to Resolution No. 7 and inquired if the $75,000 for the construction of a building to be used as a Molina/Los Encinos Community Center and a Headstart Learning Center was funded from Community Development Block Grant funds, and City Manager McDowell stated that it has been supplemented. He stated that the amount was based upon a bid that was received within the past thirty days and Staff feels that this funding is adequate for the Community Center. He stated that the Community Action Agency still wanted to improve the house on the property and they will be allowed one year to do so. Mayor Turner stated that the Council would like to have regular updates on this question. Council Member Slavik referred utility relocations and inquired if and Mr. Medina stated that they completed. He also stated that an required, following which the money completion. to Resolution No. 8 pertaining to the IH 37 the various bond funds will be reimbursed, will be reimbursed after construction is estimated 150 to 170 working days will be will be refunded to the various funds upon Council Member Slavik then referred to Resolution No. 10 authorizing acquisition of 69 acres for the Oso Creek Park, Phase I and inquired about the reason the higher appraisal figure was selected. City Manager McDowell stated that the City received two appraisals; they were appraised at market value; one of the appraisers took into consideration the existence of wetlands and the fact that there will not be much development for some time, but the other appraiser felt that some of the wetlands could be used. He stated that the total cost will be $1 million with $500,000 from bonds and $500,000 from a grant from Texas Parks and Wildlife Department. Mayor Turner referred to Resolution No. 11 in regard to the American Bowling Congress Tournament possibly to be conducted in 1992 and stated that this is one of the most exciting events for the furtherance of tourism because of the added income to be derived if this City is selected for the tournament. She complimented Tourist Director, Chris Davis, for his efforts in obtaining this tournament. _nutes Regular Council Meeting December 29, 1987 Page 7 City Manager McDowell stated that if this City is selected, the City will guarantee that $200,000 will be donated, but if this City is not selected, the funds will not be expended. Council Member Pruet complimented Park and Recreation Department personnel and other local citizens who have worked very hard to get this tournament. He stated that other cities are spending even more money. Mr. Terry Dopson, Director of Parks and Recreation Department, introduced those who were involved in the tournament including Vice President of the local group, Mr. T. W. Edwards, and Mr. Ray Sale, the State Coordinator. Mr. T. W. Edwards, 1805 Oakridge, Portland, explained the participation in the tournament and stated that the normal visit in the tournament city is three days. He stated that the Bayfront Plaza Convention Center will install forty bowling lanes with automatic scoring, and local bowling alleys will have associated events. Mr. McDowell further explained that in February a presentation will be made to the American Bowling Congress and the site of the tournament will be determined at that time. Council Member Slavik inquired if the City had contacted the Economic Development Corporation to possibly ask them to share in the cost, and Mr. Dopson stated they have not been contacted. Council Member Berlanga suggested the possibility of agreeing to additional funds to be donated by the Economic Development Corporation or the Convention and Visitors Bureau. He stated that he felt it was important that the City make a concerted effort, and Mayor Turner stated that this is through the Convention and Visitors Bureau. City Manager McDowell stated that it was the Staff's opinion that the offer presented by this City is reasonable, but the Council may wish to give Staff the authorization for additional funds. He stated that the initial $50,000 will be from the EDC Trust Fund, and subsequent years' funding will be budgeted. Mayor Pro Tem Rhodes expressed the opinion that the City's proposal is adequate but that the City might suggest that the Chamber of Commerce or the Convention and Visitors Bureau might wish to contribute additional funds. Mr. McDowell explained that the Convention and Visitors Bureau has already committed funding to other projects, but if the Council wants to approve additional up -front money, then this could probably be handled. Mr. Dopson expressed the opinion that the City's proposal is good but if Staff had the authority, additional funds could be offered. Lnutes Regular Council Meeting December 29, 1987 Page 8 Council Member Slavik suggested that private sector donations be considered through advertising but stated that she did not think that the City should consider additional funding. Council Member Berlanga referred to Resolution No. 12 designating Corpus Christi a multi-lingual and multi -cultural City. He stated that in view of the current controversy on this subject, he would like to suggest that this Resolution be postponed for thirty days. A motion was made by Council Member Slavik that Resolution No. 12 be postponed for thirty days; seconded by Council Member Berlanga and passed unanimously. Mayor Pro Tem Rhodes referred to the first reading of Ordinance No. 15 authorizing use by Texas Jazz Festival Society, Inc. of the grounds of the Water Garden and the barge dock for a seriesof three jazz festivals. She inquired if any precedent is being established since the City will be providing tables, tents, etc. Mr. Dopson stated that this was considered very carefully and the contract calls for either reimbursement of the direct cost or four percent of the gross receipts, whichever is greater. There were no comments from the audience on the above items. City Secretary Chapa polled the Council for their votes and the following were passed: 5. RESOLUTION NO. 20132 APPROPRIATING $250,354 FROM THE PARK BOND FUND NO. 551 PROVIDING FOR IMPROVEMENTS TO THE OSO GOLF COURSE. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 6. RESOLUTION NO. 20133 AUTHORIZING THE PURCHASE OF EXCESS WORKERS COMPENSATION INSURANCE FOR THE ANNUAL PREMIUM AMOUNT OF $50,918.55 FROM AUTHOR J. GALLAGHER & COMPANY; AND APPROPRIATING $51,000. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 7. RESOLUTION NO. 20134 AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE CONSTRUCTION OF A BUILDING TO BE USED AS A MOLINA/LOS ENCINOS COMMUNITY CENTER AND A HEADSTART LEARNING CENTER. inutes Regular Council Meeting December 29, 1987 Page 9 The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Slavik and Strong voting, "Aye"; Pruet abstaining. 8. RESOLUTION NO. 20135 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CAT CONTRACTING, INC. & MICHIGAN SEWER CONSTRUCTION COMPANY, A JOINT VENTURE, FOR THE RELOCATION OF CITY UTILITY LINES TO FACILITATE IMPROVEMENTS TO INTERSTATE HIGHWAY 37; AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE ENGINEERING SERVICES CONTRACT WITH S. A. GARZA ENGINEERS, INC. FOR THE I.H. 37 UTILITY ADJUSTMENTS, PHASE B, PROJECT WHICH PROVIDES FOR COMPENSATION OF $53,800 FOR ADDITIONAL DESIGN FEES, SUBJECT TO APPROVAL BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; APPROPRIATING $1,996,204. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 9. RESOLUTION NO. 20136 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 7 IN CONNECTION WITH THE AIRLINE ROAD STREET IMPROVEMENTS; AND APPROPRIATING $175,000. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 10. RESOLUTION NO. 20137 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF 69.12 ACRES IN CONNECTION WITH OSO CREEK DEVELOPMENT, PHASE I; AND APPROPRIATING $522,045. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Slavik and Strong voting, "Aye"; Pruet abstaining. 11. RESOLUTION NO. 20138 EXPRESSING THE CITY'S DESIRE TO HOST THE AMERICAN BOWLING CONGRESS TOURNAMENT IN 1992, AND AUTHORIZING THE CITY MANAGER TO SET ASIDE $50,000 PER YEAR FOR FOUR YEARS SUBJECT TO APPROPRIATION. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." mutes degular Council Meeting December 29, 1987 Page 10 12. Withdrawn (See Page 8) DESIGNATiN9-99RPUB-9HRb6Tb-A-M8bTibiNGUAb-AND -MULT;GUbTBRAb-GITY7 13. ORDINANCE NO. 20139 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Weber Road (F.M. 43) - Weber Road, from Oso Creek Bridge to Saratoga Boulevard; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 14. FIRST READING AMENDING THE CITY CODE, CHAPTER 55, UTILITIES, BY ADDING A NEW SECTION 55-50.1, WATER SERVICE TO CITY WITHOUT CHARGE; A NEW SECTION 55-61.1, GAS SERVICE TO CITY WITHOUT CHARGE; A NEW SECTION 55-100.1, WASTEWATER SERVICE TO CITY WITHOUT CHARGE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 15. FIRST READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS JAZZ FESTIVAL SOCIETY, INC. FOR THE USE OF THE GROUNDS OF THE WATER GARDEN AND THE BARGE DOCK IN THE BAYFRONT ARTS AND SCIENCE PARK FOR A SERIES OF THREE JAZZ FESTIVALS; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 16. SECOND READING AUTHORIZING THE RENEWAL AND ISSUANCE OF A CERTIFICATE OF CONVENIENCE AND NECESSITY TO PINKIE ELDRIDGE, DBA PINKIE'S TAXI, FOR THE OPERATION OF FOUR TAXICAB VEHICLES WITHIN THE CITY OF CORPUS CHRISTI FOR A FIVE YEAR PERIOD EFFECTIVE AUGUST 30, 1987, THROUGH AUGUST 29, 1992, SUBJECT TO THE APPLICANT'S COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES; AND PROVIDING FOR PUBLICATION. inutes Regular Council Meeting December 29, 1987 Page 11 The foregoing Ordinance was passed on second reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * * Mayor Turner called for consideration of Item No. 17 from the regular agenda. 17. Rejecting bids for the mowing of nine parkways. A motion was made by Council Member Guerrero that Item 17 be approved; seconded by Mayor Pro Tem Rhodes and passed unanimously; Berlanga absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Turner called for consideration of action by Ordinance on Items 18 through 20. Mayor Pro Tem Rhodes referred to Ordinance No. 18 which is the third reading of the annexation ordinance of a tract of land on Padre Island and stated that she had spent a large amount of time studying this issue. She stated that she was aware that a petition for a referendum is going to be filed today on this annexation ordinance. Mayor Pro Tem Rhodes noted that Ordinances 19 and 20 pertaining to the improvements to Whitecap Boulevard are contingent upon the annexation passage, and since a petition is going to be filed, perhaps those ordinances should not be acted upon. City Manager McDowell stated that the bulk of those assessments are not in the area to be annexed, and Mayor Pro Tem Rhodes inquired about the consequences if the bid is awarded and the assessments are approved and subsequently the voters turn down the annexation. City Manager McDowell explained that the City Council has the authority to expend money outside the City limits, and if the issue failed on the annexation question, the street could still be constructed, subject to the approval of the state. Mayor Pro Tem Rhodes then inquired as to why there was a need to annex that land if the state would allow the City to construct the bus turnaround in the parking lot anyway, and Mr. McDowell stated that there may be a problem if it is not done. Mayor Pro Tem Rhodes then inquired about the owners' placing $170,000 in escrow, and City Manager McDowell assured her that had been done. Council Member Slavik stated that she will vote "no" on the annexation ordinance because her feelings have not changed since the preceding summer. She stated that people on the island explained why they voted against the annexation mutes Regular Council Meeting December 29, 1987 Page 12 in the 1986 election and questioned the City Staff about the way the annexation has been handled. City Manager McDowell explained that there have already been some contractual annexations of the property that was included in the annexation election. He stated that the agreement with the General Land Office requires that the area be annexed before the lease is in effect. Council Member Slavik pointed out that the Staff knew that this area was to be annexed and it should have been deleted from the annexation election. She expressed the opinion that the Staff had handled this very poorly. Council Member Berlanga inquired about assurance that the public will be allowed to use the beach, and City Manager McDowell assured the Council that the beach will be open to the public and the area on the seawall will not be for the exclusive use of the developer. Council Member Berlanga stated that he will support this annexation because the subsequent development will improve the economy in this City. City Manager McDowell stated that he did not feel that it is an adequate way to look at the situation that nothing included in the 60 square mile area included in the annexation election should never be annexed, because Staff feels that any property enjoying City services should be annexed. Council Member Slavik reiterated that this was poor Staff work because this had been planned for about two years, and the public perception is that the Council does not care about the way citizens voted on the annexation election. She stated again that this land could have been removed from the 1986 annexation election, and City Manager McDowell pointed out that this was not an issue at the time. Mr. Mark Rulings, attorney with Matthews and Branscomb, referred to a letter he had sent to the Council the preceding evening urging approval of the annexation. He pointed out that four months ago the City Council approved a public/private venture with Lake Padre which will be beneficial to the City. He stated that Lake Padre has made substantial investments on the reliance of this contract, and failure to follow through on this deal is bad public policy because it would be discouraging to future public/private ventures. Mrs. Marie Spear, 9320 South Padre Island Drive, stated that she does not object to the public/private agreements and she is not opposed to any development planned by Lake Padre but she does object to a parking lot and a bus turnaround being constructed on a public beach. She then referred to the agreement which actually refers to the realignment of Whitecap Boulevard to the beach and bus turnaround. She stated that she does not see the need to place these facilities on the beach because they should be adjacent to the beach. She stated that if that beach area is turned into a parking lot and bus turnaround, the City would be taking a large part of the beach from the public. She objected to the annexation of the beach outside the boundaries of Lake Padre inutes Regular Council Meeting December 29, 1987 Page 13 land and objected to the statement made by the City Manager on several occasions that the annexation must be completed before December 31, 1987, so that the lease agreement with the General Land Office will be in effect. Mrs. Elizabeth Walker, a resident of Padre Island, stated that they support the development on the island. She stated she would like to recommend that the Council appoint a committee to reconsider changes to be made in the City Charter. Mayor Turner stated that the Charter question is not relevant at this time. Council Member Slavik stated that she did not imply that she was against growth or development on the island but she is opposed to annexing this small portion of land which was turned down by the voters. Mrs. Pat Suter, 1002 Chamberlain, stated that this annexation is contrary to the vote of the people in the annexation election. She pointed out that the City is probably going to have to have an election on the land that was annexed in October and suggested that this land be put to a vote of the people also. She pointed out that the vote on the annexation during the election in the Padre Island district was approved by a very small majority. She referred to the fact that Packery Channel is also involved in this issue and expressed the opinion that Mr. Ralph Durden expects the City to form a reinvestment zone or some other method of avoiding the payment of taxes for the opening of Packery Channel. Mr. J. E. O'Brien, 4130 Pompano, stated that he has heard it stated that the City made a mistake when they conducted the annexation election of August of 1986, and if this is correct, it seems that this Council should do everything possible to alleviate the perception that this Council is going against the voters of this City. He expressed the opinion that the voters should have the opportunity to vote on this annexation. Council Member Guerrero stated that he wanted to remind the Council of an issue that occurred not too long ago involving public access to Corpus Christi Beach and the parking lots that were built there. He stated that he voted in favor of that parking lot and it was one of the worst mistakes that he had ever made. He expressed the opinion that a parking lot and a bus turnaround on the beach would be grave errors because the parking lot on Corpus Christi beach has destroyed the beauty of that beach. He stated that he will not vote in favor of this annexation. There were no further comments from the audience. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed on third reading: 18. ORDINANCE NO. 20140 ANNEXING A 17.95 ACRE TRACT OF LAND OUT OF A PORTION OF PADRE ISLAND. inutes Regular Council Meeting December 29, 1987 Page 14 The foregoing Ordinance was passed on third reading by the following vote: Rhodes, Berlanga, Moss, Pruet and Strong voting, "Aye"; Turner abstaining; Guerrero and Slavik voting, "No." * * * * * * * * * * * * * Mayor Turner called for consideration of Ordinances 19 and 20 pertaining to the Whitecap Boulevard relocation project. Council Member Slavik pointed out that in the spring of 1985, the City Council endorsed the general concept of the Texas Riviera Plan which included the Hershey plan and other projects that were contemplated at that time. She inquired as to which Council adopted the endorsement for the Lake Padre plan. She stated that she has a copy of the agreement that was approved on June 7, 1987 with Lake Padre, but that this just involved the Whitecap Boulevard realignment. City Manager McDowell stated that he thought that the previous Council approved the Lake Padre plan in the fall of 1985 or the early part of 1986. Council Member Pruet stated that it was actually approved on September 24, 1985. Council Member Slavik stated that she remembered the Texas Riviera Plan presentation in the spring of 1985 but did not recall the Council approving the Lake Padre plan. City Secretary Chapa interjected that at that time it is possible that it was approved during a workshop meeting; the City would have a tape of that meeting but minutes were not taken of the workshop meetings at that time. Council Member Slavik stated that she would like to have a copy of that because she could not remember when it was approved. Mayor Pro Tem Rhodes, in the temporary absence of Mayor Turner, called for comments from the audience on Items 19 and 20. Mr. J. E. O'Brien stated that he wanted the Council to be aware that as of this date, a letter is being presented to the City Secretary pursuant to Article 1, Section 4, Initiative and Referendum of the City Charter, signed by five citizens informing the City Secretary that they intend to circulate a petition calling for a referendum election on this ordinance which was just passed annexing approximately 18 acres on Padre Island. He stated that he would like to respectfully request that the City Council reconsider its action on passage of the annexation ordinance, and according to the City Charter, the Council has one week to reconsider. Mayor Pro Tem Rhodes called for an explanation from the City Attorney. inutes Regular Council Meeting December 29, 1987 Page 15 City Attorney George stated that there is a specific provision on annexation in the City Charter, and the City has the authority to annex public land by ordinance. He stated that it is the annexation provision that provides for a referendum on annexations and it appears that an argument could be made as to whether or not a referendum on an annexation ordinance is included in the initiative and referendum provisions of the City Charter because this was actually directed to the legislative powers of this City and not public land. Mayor Pro Tem Rhodes stated that she was of the opinion that since this was passed by an ordinance, citizens could call for a referendum on the annexation. City Attorney George reiterated that he would think that the Charter limits annexation question to that specific portion of the Charter. Mayor Pro Tem Rhodes stated that she would like to have that in writing and that a copy be provided for Mr. O'Brien. She stated that she believed that the language in Initiative and Referendum is very clear that any ordinance can be overturned by a petition for a referendum. Council Member Berlanga expressed the opinion that the petition issue is really getting out of hand in this City, and if it continues, the Council is going to have to raise taxes to pay for all of the expenses associated with it. There were no further comments, and City Secretary Chapa polled the Council for their votes on Ordinances 19 and 20. 19. ORDINANCE NO. 20141 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: Whitecap Boulevard Relocation - 1. Whitecap Boulevard, from Park Road 22 eastward to the public beach; and 2. Windward Drive, from Whitecap Boulevard to Leeward Drive; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Rhodes, Berlanga, Noss, Pruet, and Strong voting, "Aye"; Turner abstaining; Guerrero and Slavik voting, "No." 20. ORDINANCE NO. 20142 APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET: Whitecap Boulevard Relocation - 1. Whitecap Boulevard, from Park Road 22 eastward to the public beach; and 2. Windward Drive, from Whitecap Boulevard to Leeward Drive: DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING A MEETING OF THE CITY COUNCIL ON JANUARY 26, 1988, IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD, CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. inutes Regular Council Meeting December 29, 1987 Page 16 The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Rhodes, Berlanga, Moss, Pruet, and Strong voting, "Aye"; Turner abstaining; Guerrero and Slavik voting, "No." * * * * * * * * * * * * * * Mayor Turner called for petitions and information from the audience on matters not scheduled on the agenda. Mrs. Elizabeth Walker referred to the recent Charter revisions which were improvements but noted that there are many things that should be changed, specifically allowing 500 registered voters to call for an annexation election because a special election would cost the City about $50,000. She also expressed the opinion that allowing five citizens to initiate a removal action for a Council Member is certainly an inadequate number. Mayor Pro Tem Rhodes pointed out to Mrs. Walker that the Charter could not be amended for two years but agreed that the Council could appoint an ongoing committee. Council Member Slavik pointed out that the Charter is the way it is and the City Council must comply with it, noting that it cannot be changed without a vote of the public. She inquired about the Minutes of September 24, 1985 and stated that she would like to know some time today when Lake Padre Development was approved by the City Council. City Secretary Chapa stated that an attempt will be made to find this in the recordings of the workshop meetings. Mr. and Mrs. Jerry Sturnaman addressed the Council and informed them that Mr. Sturnaman is working as a subcontractor on a project that is being constructed on Padre Island Drive and he has not been paid for his work. Mayor Turner asked Director of Engineering Services Medina to meet with Mr. and Mrs. Sturnaman to see if there is any recourse. City Attorney George reminded the Council that the City has a contract with a general contractor; it would not be advisable for the City to become involved with subcontractors because the City could become responsible for their payments. * * * * * * * * * * * * * * Mayor Turner reconvened the Special Council Meeting of December 28, 1987 to convene in closed session on the subject of a settlement with former Council Member Frank Mendez and also to convene in closed session pursuant to Article 6252-17, Section 2 of VACS to discuss the appointment of a Fire Chief and collective bargaining negotiations with the Firefighters Association. inutes Regular Council Meeting December 29, 1987 Page 17 The Council went into closed session at 11:45 a.m. Mayor Turner reconvened the regular Council Meeting at 12:51 p.m. and stated that they would like to consider a Resolution designating J. J. Adame as Fire Chief. City Secretary Chapa polled the Council for their vote and the following Resolution was passed: 22. RESOLUTION NO. 20143 CONFIRMING THE CITY MANAGER'S APPOINTMENT OF JUAN JOSE ADAME AS FIRE CHIEF. The foregoing Resolution passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." City Manager McDowell then introduced Chief Adame who expressed appreciation for the opportunity to serve as Fire Chief of the City of Corpus Christi. A motion was made by Council Member Pruet that the Council adjourn the Regular Council Meeting of December 29, 1987, and recess the Special Council Meeting of December 28, 1987, subject to the call of the chair either in the Council Chambers or at Nueces County Courthouse. The motion was seconded by Council Member Slavik and passed unanimously at 12:55 p.m., December 29, 1987. * * * * * * * * * * * * * * 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 29, 1987, which were approved by the City Council on January 5, 1988. WITNESSETH MY HAND AND SEAL, this the aS tday of Armando Chapa, City Se bl etary City of Corpus Christi (Betty Tur r, MAYOR