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HomeMy WebLinkAboutMinutes City Council - 01/05/1988PRESENT Mayor Betty Turner Mayor Pro Tem 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 JANUARY 5, 1988 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 was given by the Reverend Sallie Sampsell of the First Presbyterian Church in Portland following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Slavik. City Secretary Chapa called the roll of the Council and the required Charter meeting. and verified that the necessary quorum Officers were present to conduct the A motion was made by Council Member Moss Ccuncil Meeting of December 29, 1987 be approved Council Member Slavik and passed unanimously. that the Minutes of the Regular as presented; seconded by * * * * * * * * * * * * * Mayor Turner referred to the following appointments were made: Bay Drilling Committee Bonnie Cohen - Reappointed Adelaide Marlatt Electrical Advisory Board Sam N. Beecroft - Reappointed Larry Major - Reinstated Arlisle L. Robinson Eloy Salazar Board and Committee Building Code Board Darlene Painter - Bruce Hoffman Library Board William White appointments. The of Appeals Reinstated MICROFILMED lutes ,regular Council Meeting January 5, 1988 Page 2 Transportation Advisory Brd. Senior Community Services Advisory Brd. Barry Pillinger Elizabeth Gunter - Reappointed Rosa Garza - Ray Garcia - Gladys Neu - " Christell Bray " * * * * * * * * * * * * * Mayor Turner announced bid openings on the following two projects: 1. Relocation of a Sanitary Sewer Line to Clear Proposed Construction of a Raw Water Reservoir at 0. N. Stevens Water Treatment Plant. Mr. Victor Medina, Engineering Services Director, opened bids on this project from the following firms: Backhoe Lease Service, Inc.; CAT Contracting, Inc.; King Construction Company; Stefek Construction Company; W. T. Young Construction Co.; Larson Utility Company; and South Texas Utility Contractors, Inc. 2. Sliplining of 7,300 linear feet of the Oso Trunk Sanitary Sewer. Mr. Medina then opened bids on this project from the following firms: CAT Contracting, Inc.; Channel Construction Co. Inc.; Hycon Construction Systems Corporation; Jalco, Inc.; Philip Caffey/dba PM Construction; and BRE -Garver, Inc. Mr. Medina verified that all companies submitting bids on the two projects had submitted the required security bond or check and had acknowledged receipt of the addenda. Mayor Turner expressed appreciation to the bidders for submitting bids on the projects. * * * * * * * * * * * * * Mayor Turner announced the assessment hearing for the South Padre Island Drive and Park Road 22 Improvements from east of the Oso Bay Bridges to east of Laguna Shores Road indicating assessments of $312,238.51 on 119 items. City Attorney 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. lutes ..egular Council Meeting January 5, 1988 Page 3 Mr. Medina testified that the project will consist of improvements to South Padre Island Drive through Flour Bluff to a point east of Laguna Shores Road along Park Road 22 and the construction of an interchange system with NAS Drive. Mr. Medina stated that the total bid price for the project is $28,126,277.48; Heldenfels Brothers Inc. is the contractor; the number of working days will be 600; the City has escrowed $607,475.61; the preliminary assessment roll is $312,238.51; and there are 119 items on this project. 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; he has a broker and real estate license; he appraises both commercial and residential property; he is familiar with the project; he has examined each parcel; he has examined the assessment roll and is familiar with the amounts. Mr. Paraskevas stated that, in his opinion, all of the property will be enhanced at least in the amount of the assessments with four exceptions: Item 110 already has curb, gutter and sidewalk and should not be assessed; Items 114C, 115 & 115A have curb, gutter and sidewalk but have no driveways and should be assessed for driveways only. Mr. Stephen Avery stated that he has some property on the curve of NAS Drive and SPID. He located the area on the transparency (Item 78) and stated he already has curbs, gutters and driveways, but no sidewalks. He stated he is in favor of the project and only wants to pay for what is needed. Mr. Medina stated that the Staff recommends that the assessments be dropped on the curbs and gutters and that Mr. Avery only be assessed for the sidewalks, and the Council and Mr. Avery concurred. Mr. Adolpho Portela, 826 NAS, stated that he has brand new concrete driveways and should not be assessed for those. Mr. Medina pointed cut that Mr. Portela is not being assessed for curbs, gutters and sidewalks and in reference to the driveways, Mr. Medina stated that the Staff will examine the driveways and if they are in acceptable condition, Mr. Portela will not he assessed. A motion was made by Council Member Strong Portela's driveways until Staff's examination. Council Member Guerrero and passed unanimously Pruet absent at the time the vote was taken. A motion was made by Council Member Guerrero by Council Member Strong and passed unanimously Pruet absent at the time the vote was taken. to defer the assessment of Mr. The motion was seconded by by those present and voting; to close the hearing; seconded by those present and voting; autes negular Council Meeting January 5, 1988 Page 4 City Attorney George stated that the assessment roll will be brought back for adoption next week. Council Member Moss inquired about how promptly the assessments are paid, and Mr. Medina replied there are different methods of payment; some pay cash; some pay in monthly installments with an interest rate of 8%. City Attorney Hal George referred to the recessed assessment hearing for the I.H. 37 - U.S. 77 (Calallen) Interchange Project indicating assessments of $103,526.88 on 36 items. Mr. George stated that the actual action taken at last week's Council Meeting was to recess the hearing for one week, and there will be no action taken until January 19, 1987 to allow sufficient notice time for one property owner. A motion was made by Council Member Strong to recess the assessment hearing until January 19, 1987; seconded by Mayor Pro Tem Rhodes and passed unanimously. (M88-0001) * * * * * * * * * * * * * * ., Mayor Turner called for consideration of Consent Motions 1 thru 4 and Council Members requested that Items 2 and 3 be withheld for discussion. There were no comments from the audience on the above items. A motion was made by Council Member Slavik to approve Motions 1 and 4; seconded by Council Member Guerrero and passed unanimously by those present and voting; Pruet and Strong absent at the time the vote was taken. 1. M88-0002 Approving supply agreements for automotive repair parts to Wayne Bull Company, Carquest Auto Parts, Herbert Heitman, and Jobbers Warehouse based on low bid and best bid for a total estimated annual expenditure of $46,952.26. The terms of these agreements will be twelve months, with option to extend for an additional twelve months, subject to the approval of the supplier and the City Manager or his designee. These automotive repair parts will be stocked and used by the Equipment Maintenance Service Department. 2. Y88-0003 Approving award of contracts for lease of the following equipment from Holt Company of Texas based on low bid. The term of the lease is for five years, with an option to purchase, subject to the approval of the City Manager or his designee. lutes ..egular Council Meeting January 5, 1988 Page 5 DESCRIPTION Crawler Tractor Purchase Option Scraper Purchase Option GRAND TOTAL QTY. UNIT LEASE PRICE FIVE YEAR TOTAL 2 ea. $ 287,160 62,388 1 ea. $ 574,320 124,776 $ 274,728 72,435 $1,046,259 The grand total includes the purchase option prices. The City is not obligated to purchase the equipment at the end of the lease period. 3. M88-0004 Authorizing the City Manager or his designee to submit an application to the Texas Commission on the Arts for matching funds in the amount of $30,000 for contracting for services from local arts organizations through the Municipal Arts Commission's subgrant program. 4. M88-0005 Scheduling a public hearing on January 19, 1988, to consider (1) closing and abandoning various street rights-of-way, two public alleys, and a drainage easement at the Texas State Aquarium site, and (2) amending the Urban Transportation Plan and the Corpus Christi Beach One -Way Loop Circulation Plan to reflect these street closures. In reference to Item No. 2 pertaining to Approving the Award of Contracts for Lease of Sanitary Landfill Equipment, Council Member Slavik inquired why the maintenance cost is so high on this, and Assistant City Manager Hennings replied this is the maintenance cost on the bulldozers and the sprinkler at the sanitary landfills; it is a very intense application for this equipment which carries a high maintenance with it; and that is why the cost is so high. Mr. Hennings stated that it is a lease with a purchase option at the end of five years, and that the advantage of the lease with the purchase option is that if something happens to the equipment during the five-year lease, it is the problem of the owner and not the City. In reference to Item No. 3 pertaining to Authorizing an Application for. a Grant of $30,000 from the Texas Commission on the Arts, Council Member Moss inquired if the City receives this grant, if next year's budget will he obligated for this amount of money, and City Manager McDowell replied that the City has to provide the money; that is an issue that the Council has to be aware of; part of the funds have come out of the hotel/motel tax; and part of it has come from other funds in the budget that the Council set aside, in terms of the outside funding. Mr. McDowell continued by stating that Staff will discuss with the Council and Budget Committee the extent of their policy as to the funding of outside agencies. He stated that the City is applying for the grant, and if a decision is made later that the City is not in a position to fund the match, the grant will not be accepted. antes Regular Council Meeting January 5, 1988 Page 6 There were no comments from the audience on the above items. A motion was made by Council Member Moss to approve Motions 2 and 3; seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * * * * Mayer Turner called for consideration of Consent Resolutions, Ordinances and Ordinances from previous meetings on Items 5 thru 8 and Council Members requested that Items 7 and 8 be withheld for discussion. City Secretary Chapa polled the Council for their votes and the following were passed: 5. RESOLUTION NO. 20144 ACKNOWLEDGING QUALIFICATION FOR EXEMPT LICENSE PLATES UNDER ARTICLE 6701m-2, V.T.C.A., AUTHORIZING THE CHIEF OF POLICE TO SIGN TEXAS STATE DEPARTMENT OF HIGHWAYS FORM 62A AND D12-119, AND SPECIFYING THE CORPUS CHRISTI POLICE DEPARTMENT AS THE EXEMPT DEPARTMENT. The foregoing Resolution was passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 6. RESOLUTION NO. 20145 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 5 IN CONNECTION WITH THE PARK ROAD 22 UTILITY ADJUSTMENTS PROJECT; AND APPROPRIATING $530. The foregoing Resolution was passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." In reference to Item No. 7 pertaining to the McNorton Area Drainage Improvements, Council Member Moss requested a more detailed explanation, and Mr. Victor Medina, Engineering Services Director, stated that as far as the pipeline is concerned, what the contractor had initially proposed to do for the pipeline company was to excavate next to the pipelines and then lower the pipelines; the pipelines and the ground conditions were so bad that everything kept caving in; and that incurred the additional charges. He stated that the reason the City is having to pay for this is that they had the easements prior to the City moving in on those parcels, and the City has to pay for the costs of relocating the easements. Mr. Medina further stated that the City's drainage project has been hid and the City has commitments to do the drainage improvements in order to improve the streets in the McNorton area. autes aegular Council Meeting January 5, 1988 Page 7 In reference to Item No. 8 pertaining to the Aquarium Land Acquisition Project - Parcels 13 and 14, Council Member Slavik inquired why this is being done today, and City Manager McDowell replied the City is at impasse and has to proceed with the authorization to go to condemnation on this property. He explained that the Staff held off on this property; Staff came to the Council several months ago and requested authorization for condemnation on a number of parcels but these parcels were specifically excluded with the hope that Staff could negotiate something with the parties involved. He stated that Staff has concluded they are not going to reach an agreement on the price, and the City needs to acquire these parcels and has to move ahead on condemnation. In answer to a question from Council Member Slavik, Mr. McDowell stated that the Staff is going on their appraisal; the owners wanted more money for it; and Staff was not able to reach an agreement. He stated that there were seven or eight properties which finally had to go to condemnation. Victor Medina, Engineering Services Director, located the area on the viewgraph. In answer to a question from Mayor Pro Tem Rhodes about how long the owner of the property will have before condemnation because they want to move the house, Assistant City Manager Hennings stated that there will be time to make arrangements. There were no questions from the audience on these items. City Secretary Chapa polled the Council for their votes and the following were passed: 7. RESOLUTION NO. 20146 APPROPRIATING $159,935.25 FROM THE 220 STREET BOND FUND PROVIDING FOR ADDITIONAL COMPENSATION TO SOUTH TEXAS PIPELINE COMPANY FOR THE RELOCATION OR ADJUSTMENT OF PIPELINES IN ACCORDANCE WITH THE AGREEMENT AUTHORIZED BY RESOLUTION 19982. The foregoing Resolution was passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 8. RESOLUTION NO. 20147 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCELS 13 AND 14 FOR THE AQUARIUM LAND ACQUISITION PROJECT AND TO ACQUIRE SAID PARCELS FROM THE OWNER(S). The foregoing Resolution was passed by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." .iut es ,regular Council Meeting January 5, 1988 Page 8 * * * * * * * * * is * * * Mayor Turner called for consideration of Items 9 thru 15 and Council Members requested that Items 11, 14 and 15 be withheld for discussion. There were no comments from the audience on these items. City Secretary Chape polled the Council for their votes and the following were passed: 9. FIRST READING ADOPTING AMENDMENT TO TEE MANUAL OF DRIVEWAY DESIGN AND CONSTRUCTION STANDARDS ADOPTED BY ORDINANCE NO. 19105 BY AUTHORIZING REVISIONS TO SECTIONS V, VIII, AND X OF THE MANUAL PERTAINING TO DRIVEWAY PERMIT REQUIREMENTS, DRIVEWAY DESIGN STANDARDS, AND DRIVEWAY DESIGN STANDARDS, AND DRIVEWAY RESTRICTIONS; AND AUTHORIZING THE ADDITION OF APPENDIX D TO THE MANUAL. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 10. FIRST READING AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI ROTARY CLUB FOR THE USE OF A TRACT OF LAND ALONG ALLISON DRIVE FOR THE PURPOSE OF MAINTAINING A BOY SCOUT HUT. The foregoing Ordinance was passed on first reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Pruet, Slavik and Strong voting, "Aye"; Moss abstaining. 12. SECOND 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 second reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 13. ORDINANCE NO. 20148 AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS FOR THE LEASE OF A SLIP IN THE MARINA. lutes ..egular Council Meeting January 5, 1988 Page 9 The foregoing Ordinance was passed cm third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." In reference to Item No. 11 pertaining to the Utility Charges to City Departments, Council Member Moss referred to Alternative No. 2 and stated that he thought it would make people more cognizant of how they are using the utilities and not be wasteful. Mr. Moss suggested it he revised to Alternative 2. Council Member Strong disagreed with Council Member Moss and referred to a particular instance last summer of an extensive metering system done in City parks. She noted that there was no flexibility in the parks because of the budget tc water when necessary. Mrs. Strong stated that basically we are not talking about anything other than City owned utilities and about a transfer of funds from the General Budget into the Utility Fund. She noted that it is important that the City cut down excess expenses when they can. City Manager McDowell stated that the charges have to be accounted for and will be monitored, and from a management perspective, Staff can accomplish what Council Member Moss suggests with Alternative 3 which is recommended. In reference to Items No. 14 and 15 pertaining to the lease agreements with Ramping Pleasures, Inc. and Robert A. Roth dba Sunrise Beach, Council Member Berlanga inquired about the length of the leases, if they have been upgraded and if the City gets a gross percentage, and City Manager McDowell stated they are 15 year leases and a straight monthly rental and the City receives a 2 - 3 percentage of their operation or $250 - $350, whichever is higher. Council Member Berlanga stated that things have escalated the last 10 to 15 years and perhaps they should be charged more, and Mr. McDowell stated that Staff will look into the matter and that Staff will provide Mr. Berlanga with the information he requested. Council Member Strong stated that both of these areas are beneficial to the overall reputation of the City; we are tied to these recreational facilities; we use them in the City's advertising; and that she would hate to see the leases terminated and the properties not be maintained. She pointed out that they are maintained presently by the lessees. There were no comments from the audience on these items. City Secretary Chapa polled the Council for their votes and the following were passed: lutes negular Council Meeting January 5, 1988 Page 10 11. SECOND 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 CHARGES; A NEW SECTION 55-100.1, WASTEWATER SERVICE TO CITY WITHOUT CHARGE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed cn second reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 14. ORDINANCE NO. 20149 AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH KAMPING PLEASURES, INC. (KOA CAMPGROUND) ON A 40 -ACRE TRACT OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote; Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." 15. ORDINANCE NO. 20150 AUTHORIZING THE EXECUTION OF A TEN-YEAR LEASE AGREEMENT WITH ROBERT A. ROTH DBA SUNRISE BEACH ON A 45 -ACRE TRACT OF LAKE CORPUS CHRISTI RESERVOIR LAND FOR RECREATIONAL PURPOSES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing Ordinance was passed on third reading by the following vote: Turner, Rhodes, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye." * * * * * * * * * * * t� Mayor Turner called for consideration of Item No. 16 pertaining to the Pro -Am Sailboard Regatta and noted that the Council has committed to help increase tourism and this is certainly one exciting way to attain that goal. Dr. Charles Allen, organizer of the event, presented the Council with handouts pertaining to the sailboard regatta. He noted that they have been working on the event since last May and expressed appreciation to the Caller -Times for supporting this event. Dr. Allen stated that the event will generate tourism and will give Corpus Christi national exposure. He noted they are going to spend about $12 to $15 thousand on national advertising. After discussion from Council Members showing enthusiasm and support for the regatta, Dr. Allen referred to the parking and stated that they plan to hire lutes megular Council Meeting January 5, 1988 Page 11 the RTA to provide shuttle buses to remote parking areas, and that additional temporary parking will be provided in portions of Cole Park. It was the consensus of the Council that Dr. Allen should meet with Mr. Chris Davis from the Convention and Visitors Bureau and work together on this project. There were no comments from the audience on this item. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: 16. FIRST READING AUTHORIZING THE EXECUTION OF A FIVE-YEAR LEASE AGREEMENT WITH THE U. S. OPEN COMMITTEE FOR THE ANNUAL USE OF A PORTION OF SOUTH COLE PARK FOR A SAILBOARD PRO -AM REGATTA; 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." Mayor Turner announced the public hearing on the closure of various streets and alleys on the north end cf Corpus Christi Beach. City Manager McDowell stated that this closure will be in connection with the Splash Point Project and there were no comments from the audience. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. * * * * * * * * * * * * Mayor Turner opened the public hearing on the following zoning application: 18. Application No. 1187-5, Forrest Park Baptist Church: For a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Lot 13, Forest Park Unit 2, located on the north side of Buffalo Street, approximately 500' east of Nueces Bay Boulevard. Mayor Turner stated that the Planning Commission and Planning Staff recommend approval of this application. There were no comments from the audience. A motion was made by Council Member Guerrero to close the public hearing; seconded by Council Member Strong and passed unanimously. Lutes ixegular Council Meeting January 5, 1988 Page 12 City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20151 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF FORREST PARK BAPTIST CHURCH BY CHANGING THE ZONING MAP IN REFERENCE TO IAT 13, FORREST PARK UNIT 2, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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." * * * * * * * * * * * k Mayor Turner opened the public hearing on the next zoning application: 19. Application No. 1287-1E, Ear, Nose and Throat Associates: Exception to the Standard Screening Fence Requirement: For an exception to the standard screening fence requirement on Lots C-1 and C-2, A. P. Cobb Subdivision, located on the east side of South Alameda Street, approximately 245' south of Texas Trail. Mayor Turner noted that both the Planning Commission and Planning Staff recommend approval of this application. There were no comments from the audience. A motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Guerrero and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20152 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF EAR, NOSE, AND THROAT ASSOCIATES BY GRANTING AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE SOUTH AND EAST PROPERTY LINE OF LOTS C-1 and C-2, A. P. COBB SUBDIVISION; 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." * * * * * * * * * * * * Mayor Turner opened the public hearing on the next zoning application: lutes Regular Council Meeting January 5, 1988 Page 13 20. Application No. 1287-3, Lion's Eye Bank of South Texas, Inc.: For a change of zoning from "F -R" Farm -Rural District to "B-1" Neighborhood Business District on Lots 1-A and 2, C.C. Hart Partition, Share III, located on the south side of Leopard Street, approximately 100' east of Wandering Creek Drive. Mayor Turner stated that the Planning Commission and Staff recommend approval of "B-1" on the northern 225' and denial of "B-1" and in lieu thereof, grant "AB" on the remaining southern portion. She asked if this was acceptable to the applicant. Mr. Virgil Howard, attorney, 801 Lipan, stated that they would rather have had the application approved; they de accept it; but they are not satisfied with it. Mr. Howard stated he would like to make a short presentation. Mic Raasch, Acting Director of Planning, located the area on the land use map and showed slides of the vicinity. He stated that due to the deep and narrow configuration of the property, the Staff and Planning Commission are recommending that "B-1" be approved only on the northern 225' and that "AB" be approved on the remaining southern portion of the property because it would be more compatible to the residential subdivision. He stated that the property is located on the south side of Leopard Street, approximately 100' east of Wandering Creek Drive. Mr. Raasch noted that there were 17 notices mailed to property owners within a 200' radius, of which none were returned in favor and two were returned in opposition. Mr. Howard stated that "B-1" should not he offensive to any of the adjacent residential property owners. He stated that the property is bounded by Nueces Park and farm rural property on the east side. He stated that they do not think "B-1" usage would in any way be detrimental, and that "AB" will detract from the usefulness of property to any perspective user. Mr. Howard then gave some brief background information on the history of the property and stated that they have already made a compromise with the Staff. In answer to a question from Council Member Pruet about Staff's objection, to "3-1," Mr. Raasch noted that one concern was that the rear portion of the property backs up to the rear of some residential lots; there was some opposition from the property owners in that subdivision; and Assistant City Manager Elizondo stated another concern is that commercial property would need a better street exposure and since the tract is very deep, it would cause some problems. Council Member Pruet referred to the objections and and stated that he did not know of anything basically wrong with "B-1" or neighborhood businesses being adjacent to residential property, and unless there could be more specific objections, he did not understand why Staff does not wart neighborhood businesses in neighborhoods. He noted that it is a piece of land that has been used for industrial use, and zoning it for neighborhood business seems infinitely better for the people in that area. He noted that he will vote for lutes Regular Council Meeting January 5, 1988 Page 14 "B-1" because he thought it is the highest and best use of the land and it would not be detrimental to the area. Council Member Slavik expressed concern because a great deal of the property backs up to the residents that face on Wandering Creek Dive and she concurred with the Staff's recommendation. Mayor Pro Tem Rhodes stated that she thought the Staff's recommendation is correct not just because of the need for a buffer adjacent to the "R -1B" property, but because of the shape of the property. Discussion followed by the Council Members on this application, following which a motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Moss and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20153 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LION'S EYE BANK OF SOUTH TEXAS, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1-A AND 2, C. C. HART PARTITION, SHARE III, FROM "F -R" FARM -RURAL DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 1 AND "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Rhodes, Berlanga, Moss and Slavik voting, "Aye"; Guerrero, Pruet and Strong voting, "No." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the next zoning application: 21. Application No. 1187-2, Mr. Sam L. Allen: For a change of zoning from "AB" Professional Office District to "B-5" Primary Business District on Lots 9 and 10, Block 12, Central Wharf and Warehouse Addition, South Bluff Portion, located on the northeast corner of Laredo and King Streets. Mayor Turner noted that the Planning Commission recommends denial, and in lieu thereof, grant "B-4" General Business District and the Planning Staff recommends denial. Mic Raasch, Acting Director of Planning, located the area on the land use map and showed slides of the vicinity. He stated it is the Staff's opinion that the current "AB" zoning is the most appropriate zoning for this area, as it will allow redevelopment similar to that occurring along the nearby Carancahua/Tancahua corrider. He stated that the Planning Commission's logic for recommending "B-4" instead of "B-5" is that "B-4" requires building lutes egular Council Meeting January 5, 1988 Page 15 setbacks, while "E-5" does not. He noted that the property is located on the northeast corner of Laredo and King Streets. Mr. Raasch continued by stating that the property in the area generally has a twenty -foot front yard setback up to about Staples Street where it has been reduced to about 0 percent setbacks. In answer to a question from Council Member Slavik, Assistant City Manager Elizondo stated that the "B-5" did not require building setback requirements and the "B-4" does, and the Planning Commission felt that because it was along the Agnes/Laredo thoroughfares, they required additional flexibility on the part of the property owner, but they did not want people building up to the property line. Mr. Elizondo noted that there are non -conforming residential uses in the area. In answer to a question from Council Member Guerrero about the advantage a setback would be in that particular area, Mr. Elizondo replied it does provide some visual corrider effect on a major street. In answer to a question from Mayor Pro Staff believes "B-4" is better than "B-5"; but the "B-4" will work. He stated that transition, and they recognize the property After more discussion, the applicant, zoning is acceptable to him. Tem Rhodes, Mr. Elizondo stated that they think the "AB" is appropriate, they recognize that the area is in owner desires some flexibility. Mr. Sam Allen, stated that the "B-4" A motion was made by Council Member Pruet to close the hearing; Council Member Strong and passed unanimously. seconded by City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20154 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF SAM L. ALLEN BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 9 AND 10, BLOCK 12, CENTRAL WHARF AND WAREHOUSE ADDITION, SOUTH BLUFF PORTION, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye"; Rhodes voting, "No." * * * * * * * * * * * * * Mayor Turner opened the public hearing on the next zoning application: lutes negular Council Meeting January 5, 1988 Page 16 22. Application No. 1187-3, Montgomery Ward Development Corporation: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 1, 2, and 36, Block 2, Koolside Additional, located on the northwest corner of McArdle Road and Dorthy Drive. Mayor Turner stated that the Planning Commission and Planning Staff recommend denial, and in lieu thereof, grant a special permit for a Montgomery Ward Automotive Service Center with seven conditions, and it was noted that this was agreeable to the applicant. There were no comments from the audience. A motion was made by Council Member Strong to close the public hearing; seconded by Mayor Pro Tem Rhodes and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20155 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MONTGOMERY WARD DEVELOPMENT CORPORATION BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MONTGOMERY WARD AUTOMOTIVE SERVICE CENTER ON LOTS 1, 2, AND 36, BLOCK 2, KOOLSIDE ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Rhodes, Berlanga, Moss, Pruet, Slavik and Strong voting, "Aye"; Turner and Guerrero abstaining. Mayor Turner opened the public hearing on the final zoning application: 23. Application No. 1187-1, Mrs. Jennie M. Ross: For a change of zoning from "R -1B One -family Dwelling District to "R-2" Multiple Dwelling District on Lot 1, Block 6, Arcadia Village, located on the northeast corner of West Vanderbilt and Adams Drives. Mayor Turner noted that the Planning Commission recommends denial, and in lieu thereof, grant a special permit for a single-family home and two apartment units with no alterations to be allowed and to run with present ownership and occupancy, after which the property will revert to single-family use. She noted that the Planning Staff recommends denial. Mic Raasch, Acting Director of Planning, noted that this case is a classic example of spot zoning and an intrusion of multi -family use. Mayor Pro Tem Rhodes stated that the Council should be consistent and should not single people out to start granting special requests. lutes .egular Council Meeting January 5, 1988 Page 17 Council Member has the opportunity She stated that Mrs certainly one that Strong continued by Ross' needs and at after the need that Strong disagreed and expressed the opinion that the Council to be flexible and that is why the rules aren't absolute. . Ross' reason for wanting to maintain those apartments is the Council should listen to and be sensitive to. Mrs. stating that she thought a special permit would answer Mrs. the same time guarantee that spot zoning would not exist is expressed now. Mr. Jack Colmenetto, 1030 Delta, representing Mrs. Ross, gave a brief history of Mrs. Ross and her situation and stated that she agrees with the Planning Commission's recommendation. Mrs. Jennie Ross, the applicant, stated that she purchased the property in 1965 and it had the existing garage apartment. She procured a permit to build a bedroom and bath, and five years later she added a kitchen. She stated that during the past year, she rented another section of the house, and since she has received notice of violation, she has removed the second kitchen and third rental unit, and at the present time she has two rental units, one of which is a garage apartment, attached to the house by a covered breezeway. Mrs. Ross continued that the house is large; she lives alone; she would like to keep her home; and is afraid to live alone. Discussion followed and a motion was made by Council Member Pruet to close the public hearing; seconded by Council Member Strong and passed unanimously. City Secretary Chapa polled the Council for their votes and the following Ordinance was passed: ORDINANCE NO. 20156 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JENNIE M. ROSS BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SINGLE-FAMILY HOME AND TWO APARTMENT UNITS WITH NO ALTERATIONS TO BE ALLOWED AND TO RUN WITH THE PRESENT OWNERSHIP AND OCCUPANCY, AFTER WHICH THE PROPERTY WILL REVERT TO SINGLE-FAMILY USE ON LOT 1, BLOCK 6, ARCADIA VILLAGE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing Ordinance passed by the following vote: Turner, Berlanga, Guerrero, Moss, Pruet, Slavik and Strong voting, "Aye"; Rhodes voting, "No." * * * * * * * * * * * * * * Mayor Turner called for the City Manager's report. City Manager McDowell stated that because of the work that is going on at SPID, he has requested Victor Medina, Engineering Services Director, to give the Council an update on O'Neill Street. lutes ..egular Council Meeting January 5, 1988 Page 18 Mr. Medina reported that the plans for the O'Neill/Compton Street connection are approximately 90 percent complete; the City still needs to acquire one parcel; as soon as the agreement is signed, the City will be ready to do the project; and once plans are complete, it will take four to five months to complete the project. Mr. McDowell referred to a letter the Council received from Tradewinds concerning an item and noted that Assistant City Manager Garza will give a report on this matter. Mr. Garza stated that several years ago Staff noted that they were not receiving a lot of interest from local automobile dealers, and at that time, they decided to expand the radius 50 miles to invite bids. He stated that Staff would like to receive at least three bids on major purchases; generally, Chevrolet and Pontiac do not bid on the City's cars; and that is the reason the Staff extended it beyond the City. In answer to a question from Council Member Slavik, Mr. Garza stated that the City is not a good customer for most dealerships; the City insists that the warranty conditions be met; and insists on getting the services that they buy. Council Member Strong referred to the fact that two local dealerships have changed hands, and she thought it would be apropos for the City to contact the new owners and invite them to bid. City Manager McDowell noted that Staff will contact the dealerships, but pointed cut that a number of local dealerships are owned by the same holding company. Mr. Garza referred to another matter and stated that this is an apology to Mr. Bill Lassiter from Walker Shapiro. He was one of the bidders on the compacting equipment for the landfill. Mr. Garza stated that he had promised to tell Mr. Lassiter when the matter was coming before the Council; Mr. Lassiter had an objection to the way one particular section of the specification was worded; and Mr. Garza stated they had worked it out. Mr. Garza stated that he was under the impression that Mr. Lassiter was notified that the item would be on the agenda today but he was not. City Secretary Chapa informed the Council of the possible dates for candidate interviews for District 1 and for the Council retreat, and it was the consensus of the Council that the interviews be held on Saturday, January 9, 1987, at 9:00 a.m. and a decision be made that day announcing the new Council Member for District 1. In regard to the retreat, Saturday, January 23, 1987, is the possible date for the retreat but the actual date will be selected at this Saturday's meeting on January 9. Mr. Chapa announced that a petition was submitted to his office on the annexation that was approved by Ordinance #20040 on October 27, 1987. He stated his office has been in the process of validating the signatures and registration lutes negular Council Meeting January 5, 1988 Page 19 numbers. Mr. Chapa then verified that it is a valid petition; it has the required number of signatures; he stated an election will have to be called on the next available date which is the first Saturday in May; and that the election expense will be paid by the City for about $50,000 to $55,000. * * * * * * * * * * * * * Mayor Turner then called for consideration of Item No. 24 which is a report by the City Attorney on the Petition for a Referendum. on Annexation of Public Land. Council Member Slavik referred to and expressed concern over the initiative and referendum. She stated that the intention of the Charter Commission was that the initiative and referendum was included as a compromise and that she thought from reading the Charter, that the initiative and referendum would prevail. She requested an explanation from the Staff. Mayor Pro Tem Rhodes concurred with Council Member Slavik and stated that she thought it is pretty clear in the Charter that the citizens have a right to do that on any ordinance. She referred to the material which the Council had received on the disannexation and stated that she did not think that was the intention in the state law. She stated she thought disannexation applies so that a wealthy section of the city couldn't decide to disannex the section of the City that was not contributing to the tax base, rather than an ordinance that was recently passed. She stated that she felt the citizens have the right to call for a referendum under the initiative and referendum. Mrs. Rhodes continued by stating that she voted in favor of the annexation because the City had already signed the lease agreement, and she thought they were committed to that annexation. She stated this is a very separate issue, and citizens are guaranteed it in the Charter. City Attorney Hal George stated that the legal staff supplied the Council with a written opinion citing several Texas cases. He stated it is abundantly clear in this area, and referred to the cases that hold, that in this case, an annexation ordinance was passed by the City Council and one you cannot, because of the State Statutes (Articles 1175 and 970a), subject that to a referendum. Ne stated the courts have clearly and unequivocally held that in effect to have a referendum on an annexation ordinance that is already effective is in fact a disannexation procedure. He stated the State Statue has established a procedure for disannexation, and the Council cannot submit that to a vote of the citizens. He then cited several cases which are identical. Mr. George continued by stating that the distinction between the annexation that the Council is discussing today is the annexation of the 17.95 acres; it is annexation of public land; and it is annexation that was required under the contract with the General Land Office. He stated we are not looking at a subsection d annexation, but a subsection b or c annexation, and those are complete. He referred to the petition just mentioned by City Secretary Chapa lutes Regular Council Meeting January 5, 1988 Page 20 and stated that petition iss according to subsection d annexation, and that annexation is not finalized until the expiration of 60 days. Mr. George stated that in the case of public land or contractual land, it is final upon the passage of the ordinance. He referred to several cases in point where at the end of the citation there is a reference "writ refused." NRE. He stated that is the Texas Supreme Court saying there is no reversal error in those cases. He stated that is the supreme court authority saying that this area has been withdrawn from referendum. Mr. George stated that it is abundantly clear that City money cannot be spent for a referendum. Mayor Pro Tem Rhodes inquired if the Council had the authority to allow a initiative and referendum on this. Mr. George stated that the basic rule is you can have a referendum on any subject that is not withdrawn by the laws of the State of Texas from the referendum procedures and cited different cases directly in point. He stated that in each one of the cases that were cited, there was a Charter Provision voted on by their citizens, just like there was a Charter Provision voted on by the Corpus Christi citizens, and the court says that those areas are withdrawn from the annexation issue. He stated that the Council would subject themselves to liability from someone who was in favor of the annexation if they called an election; they could have a taxpayer's suit from a taxpayer saying they wasted taxpayer money for calling something they are not authorized to do. He stated the City has contractual obligations in this particular annexation. Council Member Slavik referred to this particular annexation and stated this is the first time the initiative and referendum procedures have been used in this City and inquired if the initiative and referendum process has stopped the annexation. Mr. George stated that is a distinction between subsection b and subsection c annexation and a subsection d annexation; subsection d is annexation of private land; the other subsections are what you can do by contract and annexation of public land; those are effective upon the passage of the ordinance. He stated there is no such delay on the annexation of public land; it is effective upon passage. Council Member Slavik stated that the people who prepared the Charter put in specific items about monetary, salaries, etc. that could not he addressed by initiative and referendum. She asked why annexation was not added to that. She stated that the people feel they were misled. Mr. George stated it was already covered in other sections, and he did not feel anyone was misled. Mrs. Slavik referred to the election which will he held in May and inquired if the initiative and referendum election could be held at the same time, and Mr. George stated right now there is no initiative and referendum election; all lutes Regular Council Meeting January 5, 1988 Page 21 there is is a letter from five citizens. He stated that if such a petition comes in, he would have to advise the Council that they are not authorized to spend City money for holding that election; that it would be calling for an expenditure of City funds for a purpose which they cannot do; and it would be an illegal act. * * * * * * * * * * * h * At 11:55 a.m. a motion was made by Council Member Strong to recess the Council Meeting until 2:00 p.m. The motion was seconded by Council Member Berlanga and passed unanimously. * * * * * * * * * * * * The Council Meeting was reconvened for further discussion of Item No. 24. City Attorney George stated that he is not saying that the City can never deannex the area in question but what he is saying is that Article 970a, Section 10 of the State Statutes prohibits the governing body of a City from deannexing areas except under certain stipulations and it is his opinion that this supersedes City law and there is a problem in deannexing areas that are being served with utilities and other City facilities. Mayor Pro Tem Rhodes stated that this is an entirely different thing because this area does not have utilities, etc., it is a public beach. Mr. George continued by stating the annexation portion of the City Charter relates to privately owned land; this was discussed with everyone involved when the Charter was amended, including Mr. J. E. O'Brien. He also stated that a suggestion had been made that if the Council wishes to set an annexation election on this particular piece of property, he would have to register an objection to that because it would require an expenditure of City funds and he felt that he had the duty to tell the Council what the law is. Mayor Turner called for comments from the audience on this subject. Mr. David Saenz, 1430 17th Street, reminded. the Council that in August of 1986, an annexation election was conducted which was defeated, and the turnout for that election was only approximately nine percent. He pointed out that this is a very small portion of the original sixty square miles which were considered for annexation by the voters. He stated that a referendum: at this time would just allow the people to approve the annexation. Mr. George offered an explanation by stating that if the City annexes by ordinance privately -owned land, that ordinance is not in effect for sixty days to allow the presentation of a petition to call for a referendum, but publicly - owned land is effective immediately upon annexation, and this area is publicly - owned land. lutes regular Council Meeting January 5, 1988 Page 22 Mrs. Pat Suter, 1002 Chamberlain, representing the Environmental Coalition, objected to the fact that Mr. George has stated that the eighteen acres under consideration can never be submitted to the voters, and she is concerned that the City Council is getting itself deeper into quicksand by approving some of the items connected with the Padre Island development. She stated that she had obtained a copy of the Kennedy Causeway Plan which indicates that Ralph Durden's property will be benefited in that there is a plan to close a street and beach under the Kennedy Causeway. She questioned what recourse citizens have if they are not allowed to utilize the referendum route to negate what the Council is doing, noting that possibly they could go to court or recall. the Council and they did not want to take either one of those measures. She stated that if the Council continues to try to take the beach away from the citizens, they will encounter a real problem. Council Member Strong stated that the Kennedy Causeway Study has not been approved by the City Council because it will be considered by the Planning Commission on Wednesday. Mrs. Gwen Bryant stated that she would like to make remarks in regard to the petition. She stated that she agreed that a petition is a necessary part of the democratic process, but she was of the opinion that the petition right is being abused, and citizens should be very careful about signing petitions. She stated that she resents the fact that a very small number of people can stop the progress of the City and this creates a bad image of the City, particularly to people considering future investments in the City. She pointed out that the City has a professional planning staff who plan annexations; annexations then go to the City Council; public hearings are conducted; and there are three readings of annexation ordinances which gives the public ample time to voice their opinions. Mrs. Charlie Ward, President of Citizens for Progress, stated that she is not speaking for that group but as a concerned citizen. She stated that she did not believe that Mr. O'Brien, Mrs. Suter or the others who signed the petition request represent her, the Council Members represent her. She pointed out that the Lake Padre Development will increase tourism which is one of the goals of the City Council. She again asked why five citizens who presented the request for a petition opposed this annexation, and stated that she believed it was because someone else was going to make money from the development. Mrs. Marie Spear stated that, in her opinion, this issue is not a matter of being anti -development, but they are strictly opposed to giving away beach land and having a parking lot and bus turnaround constructed on the beach which will be taken away from the citizens of this area. She pointed out that Lake Padre Development has a certain amount of land already, and the beach is not a part of that land because the beach is owned by the state and the people of Texas. She stated that the citizens of this City should decide what is built on that state property. She questioned the practicality of installing a parking lot and a bus turnaround on a beach where water could wash over it. lutes ..egular Council Meeting January 5, 1988 Page 23 Mrs. Spear continued by pointing out that there were several attorneys who worked on the Charter Revision Commission; they felt that the initiative and referendum matter should be a part of the Charter; they wrote the amendments to the City Charter; the City Attorneys looked over this section of the City Charter; and there was never an indication that it could not be used in connection with an annexation ordinance. Mr. Lewis Lovelace, 1549 Casa Grande, expressed the opinion that the City Council has received bad advice from the City Attorney. He stated that the initiative and referendum portion of the City Charter allows the citizens to have some voice in what the Council decides. He quoted from Section B, Al and A2 which lists several exemptions to initiative and referendum rights and expressed the opinion that if the City Council follows the recommendation of the City Attorney, they are not upholding the City Charter, which was approved by the voters, and they will be subject to recall. Mrs. Betsy Lambert expressed the opinion that this City cannot be governed by referendum because the City would come to a complete halt. She stated that she supports the Council and the annexation of the eighteen acres on Padre Island because this would allow the City to control the growth in that area. She stated that she has no objection to the parking lot on the beach because that area of the beach is nothing but a large parking lot anyway, particularly during spring break. Mr. Philip Rosenstein, 929 Babalo, stated that he agrees with Mrs. Spear and objected to the construction of parking lots on the beach. He stated that $50,000 for a referendum is nothing compared to the money that the City is spending for other things. Mr. John Bell, attorney, 434 Sharon, stated that he is speaking as a member of the Charter Revision Commission and as an attorney. He explained that one of the things that was wrong with the old Charter were the long provisions of the Charter, and the Commission made an effort to make the new Charter more concise. He agreed that there are some clarifications that can be approved Later by election, but it is important to examine what the Charter provisions now say. He pointed out that there is an initiative and referendum procedure, an annexation referendum procedure and a procedure for referendums on franchises and leases. He stated that once an annexation ordinance has passed, the land has been annexed, but the Charter states that the ordinance does not become effective until sixty days after the third reading if the land is privately -owned. He stated that, in his opinion, initiative and referendum does not apply to annexation ordinances, and he also expressed the opinion that Mr. George has provided the Council with the correct legal advice, and he was of the opinion further than any attorney or judge would reach the same conclusion. lutes ,regular Council Meeting January 5, 1988 Page 24 Mr. J. E. O'Brien, 4130 Pompano, stated that once again the City Staff has placed this Council in a very awkward position. He stated that he is very concerned that the City Council's legal counsel is very concerned about their violating the state law and if that is true, he should also be concerned about allowing the Council to approve the development and realignment of Whitecap Boulevard before the annexation is actually approved. Ne pointed out that bond money cannot be spent on newly annexed areas for up to 180 days. He then referred to the question of deannexatior and expressed the opinion that the initiative and referendum portion of the Charter is actually an extension of the City's annexation policy. Mr. O'Brien also pointed out that the Charter was approved by the Charter Revision Commission and by the City Attorney, and included in the new Charter are the initiative and referendum rights. He pointed out that the City Council has overturned his vote on annexation and now he is being told that the City Charter does not apply. Council Member Slavik asked Mr. Bell to explain about the sixty-day delay before an annexation ordinance is in effect. Mr. Bell stated that a referendum is allowed on privately -owned land, but all other annexation ordinances are in effect after passage. Mrs. Elizabeth Walker, 13969 Das Marina, stated that she supports the Council in this annexation and agrees with City Attorney George. She suggested that if citizens have a problem with the parking lot and bus turnaround being constructed on the beach, they should go to the development company to see what their plans are. Mayor Pro Tem Rhodes stated that she previously voted for the annexation ordinance; she will not change her mind now; the lease agreement with the General Land Office is contingent upon the annexation of this property; but she did feel that she could find any attorney who would interpret the Charter the way that she wants them to. She stated that she still is of the opinion that the Charter does state that the citizens have the right to call for a referendum on any ordinance. Mayor Pro Tem Rhodes then made a motion to direct the City Secretary to provide the petition forms to the petitioners. The motion was seconded by Council Member Slavik. City Secretary Chapa stated that the petition forms have already been presented to Mr. O'Brien accompanied by a letter that was prepared jointly by his office and the City Attorney, because his office is required to provide the petition forms, but the letter informs them of the City Attorney's opinion that a referendum is not legal in this situation. A motion was made by Mayor Pro Tem Rhodes that the City Council allow the petitioners to present their petition in accordance with the initiative and referendum portion of the Charter. The motion was seconded by Council Member Slavik. lutes Regular Council Meeting January 5, 1988 Page 25 Mr. George explained the consequences of this, stating that if the City Council does not reconsider the ordinance that was passed last week, the petitioners have to obtain the signatures of five percent of the registered voters and if they do present it to the City Secretary to call for a referendum, his advice will be not to conduct the referendum. Mayor Pro Tem Rhodes pointed out that the City is already obligated to conduct an election in May as a result of a petition on another annexation that was approved in October. She pointed out that adding this annexation issue to the ballot will not incur any additional expense. Mr. George pointed out that election has not been called yet and he would have to discuss this date with the City Secretary. He also stated that the Council is free to ignore his advice but he would be derelict in his duty if he did not inform the Council of his legal opinion. Mayor Turner called for the vote on the motion to allow the initiative and referendum to apply in this case and it failed to pass by the following vote: Berlanga, Rhodes and Slavik voting, "Aye"; Moss, Pruet and Strong voting, "No"; Turner abstaining; Guerrero absent. * * * * * * * * * * * * * Mayor Turner called for Council and liaison reports. Boat Pass - Council Member Strong stated that the application for a dredging permit for Packery Channel has been sent to the Corps of Engineers; they have accepted the application as being complete; and they will begin acting on that permit. Downtown Revitalization - Council Member Berlanga stated that their committee should hold a meeting this week or next week to discuss assets and improvements. He informed the Council that there are thirteen finalists for the Director's position and that decision will be made in January. Regional Transit Authority - Council Member Moss stated that the meeting will be tomorrow at 7:00 a.m.; they only meet once a month now; they have divided the board into committees and they meet once a month also. Mayor Pro Tem Rhodes stated that she and Council Member Moss have completed their study of the Boards and Commissions; the report is ready; and she would like to have twenty minutes during the next Council Meeting on January 12, 1987 for a presentation. * * * * * * * * * * * * * Mayor Turner called for petitions or information from the audience on matters not scheduled on the agenda. lutes Regular Council Meeting January 5, 1988 Page 26 Mr. Philip Rosenstein addressed the Council on their Rules of Decorum for the Council Chamber. Be displayed several exhibits in various areas of the Council Chamber and apologized to several members of the City Council for his behavior the past few weeks. He stated that he has the same rights granted to him by the United States Constitution, particularly the first amendment, and he felt that the Council should amend Rule No. 6 of the Rules of Decorum to add the statement that this rule is not meant to restrain a citizen's first amendment rights. A motion was made by Maycr Pro Tem Rhodes that this statement be included in the Resolution adopting the Rules of Decorum. The motion was seconded by Council Member Slavik and passed unanimously. Mr. George informed the Council that they could not take action on this during this meeting because it had not been properly posted but stated that an amendment to the Resolution will be placed on the agenda for the following week. Mr. David Saenz addressed the Council again and stated that he is not opposed to annexation but he preferred that the City wait until other needs in other parts of the City have been met before annexing additional property. He also requested that the City Council examine the needs of the Police Department and add additional personnel if necessary. He reported the poor condition of Ayers Street behind Butterkrust Bakery and suggested that it be examined for possible repairs. Mrs. Pat Suter addressed the Council again and inquired about the vote on the motion to allow initiation and referendum on the annexation that was approved the preceding week. City Secretary Chapa informed Mrs. Suter that the vote was three in favor, three opposed, one absent, and one abstention. Mrs. Suter stated that she is not a racist but informed the Council that twenty percent of development is owned by the West Germar,s and twenty percent is owned by General Motors, and she felt that Texans should control Texas beaches. Mrs. Charlie Ward responded to Mrs. Suter's remarks and stated that she, as a real estate agent, is bound to treat each person as an individual regardless of their race. Mr. Leon Perez, 904 Buford Street, informed the Council that approximately six months ago he presented a list of signatures to the City Secretary in regard to the lighting on Harry Drive and Robert Drive. He stated that the petition contained thirty signatures and he has heard nothing in regard to this. Mayor Turner stated that Mr. Chapa will locate the petition and it will be considered by the proper Staff person. 'nutes gular Council Meeting January 5, 1988 Page 27 City Manager McDowell pointed out that a change in lighting on the street also involves Central Power and Light, and Mr. Medina stated that toggle bumps have been installed which alerts people to the curves in that particular street. There being no further business to come before the Council, on motion by Council Member Strong; seconded by Council Member Moss and passed unanimously; the meeting was adjourned at 3:15 p.m. * * * * * * * * * * * * * City Secretary Chapa referred to the Special Council Meeting of December 28, 1987, during which a closed meeting was conducted. He explained to the Council that the Special Meeting had never been adjourned. A motion was made by Mayor Pro Tem Rhodes that the Special Council Meeting of December 28, 1987 be reconvened; the motion was seconded by Council Member Strong and passed unanimously. A motion was made by Council Member Strong that the Special Council Meeting of December 28, 1987 be adjourned; seconded by Council Member Moss and passed unanimously. * * * * * * * * * * * * * 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 January 5, 1988, which were approved by the City Council on January 12, 1988. WITNESSETH MY HAND AND SEAL, this the 043 I— day of Armando Chapa, City Secretary City of Corpus Christi