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