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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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
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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
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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.
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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.
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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.
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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.
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Regular Council Meeting
December 29, 1987
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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