HomeMy WebLinkAboutMinutes City Council - 02/21/1989MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
FEBRUARY 21, 1989
2:00 p.m.
PRESENT
Mayor Betty Turner
Mayor Pro Tem Frank Schwing
Council Members:
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
City Manager Juan Garza
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 Pastor San Williams of Parkway Presbyterian
Church following which the Pledge of Allegiance to the Flag of the United States
was led by Council Member Linda Strong.
City Secretary Chapa called the roll and verified that the necessary quorum
of the Council and the required charter officers were present to conduct the
meeting.
Mayor Turner called for approval of the Minutes of the Workshop and Regular
Council Meeting of February 14, 1989, and there being no additions or
corrections, she proclaimed them approved as presented.
Mayor Turner read a Proclamation designating February 26 thru March 5, 1989
as "Health Week." She presented the Proclamation to Mrs. Josephine Sparks who
made appropriate remarks about the planned activities and the prestigious
visitors who will be in the City during that week.
* * * * * * * * * * * *
Mayor Turner called for consideration of Consent Motions, Resolutions,
Ordinances and Ordinances from previous meetings on Items 1 thru 15 with the
exception of Items 8a, 8b and 8c which were a supplement to the agenda. Council
Members and members of the audience requested that Items 1, 2, 3, 4, 5, 7, and 8
be withheld for discussion and the following items were approved:
MICROFILMED
Minutes
Regular Council Meeting
February 21, 1989
Page 2
6. M89-0048
Motion approving an agreement with McCord and Lorenz, Architects/Engineers,
to design the Water Laboratory Facility which provides for a fee of $3,000
for the programming phase of the facility and $16,000 in architectural
services.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
9. M89-0050
Motion accepting the McNorton Area Street Improvements project and
authorizing final payment of $115,565.21 plus retainage interest to Haas
Paving Company, Inc.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
10. ORDINANCE NO. 20600
AMENDING ORDINANCE NO. 20173 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE
FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREET:
McNorton Area Streets, Phase B - 1. McNorton Road, from Rand Morgan Road to
Clarkwood Road, 2. Caroline Road, from McNorton Road to Clarkwood Road, 3.
Marshall Road, from McNorton Road to Caroline Road, and Blanco Road, from
McNorton Road to Dead End; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing passed by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
11. FIRST READING
AUTHORIZING THE EXECUTION OF A TWO-YEAR LEASE AGREEMENT WITH JOHN B. RUSSO
AND THOMAS W. STEWART FOR A TRACT OF LAND LOCATED AT RESACA AND SAM RANKIN
STREETS TO BE USED BY THE CITY STREET DIVISION FOR MATERIAL STORAGE AND
APPROVING THE RENTAL FEE OF $240 PER MONTH.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
12. FIRST READING
CLOSING AND ABANDONING NORTH SHORELINE BOULEVARD FROM THE SOUTH LINE OF
PEARL STREET TO A POINT 100 FEET SOUTH; CANAL AVENUE FROM THE EXTENSION OF
THE EASTERLY RIGHT-OF-WAY OF THE PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH
HOTEL ADDITION, TO ITS WESTERN END AT SURFSIDE BOULEVARD; SURFSIDE
BOULEVARD FROM THE SOUTH RIGHT-OF-WAY OF CANAL AVENUE TO THE SOUTH LINE OF
PEARL STREET; BENNETT STREET FROM SAID EXTENSION OF THE EASTERLY
Minutes
Regular Council Meeting
February 21, 1989
Page 3
RIGHT-OF-WAY OF THE PUBLIC ALLEY IN BLOCK 3, CORPUS BEACH HOTEL ADDITION,
TO ITS END AT U.S. HIGHWAY 181; AND THE PUBLIC ALLEYS IN BLOCKS 3 AND 4,
BROOKLYN ADDITION AND BLOCKS 3 AND 4, CORPUS BEACH HOTEL ADDITION.
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
13. ORDINANCE NO. 20601
CLOSING AND ABANDONING PORTIONS OF STREET RIGHTS-OF-WAY MORE FULLY
DESCRIBED BELOW AND IN ACCORDANCE WITH THE PROVISIONS SET FORTH HEREIN.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
14. ORDINANCE NO. 20602
AMENDING THE CITY CODE, CHAPTER 49, STREETS AND SIDEWALKS, SECTION 49-21,
REQUIRED IMPROVEMENTS; POLICY ON ASSESSMENTS, BY ADDING A NEW SUBSECTION F
RELATING TO ASSESSMENTS ON STATE HIGHWAY CONTROLLED ROUTES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing Ordinance was passed on third reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong
voting, "Aye."
15. ORDINANCE NO. 20603
AUTHORIZING THE EXECUTION OF RELEASES OF COASTAL PUBLIC LANDS LEASE NOS.
CL -80-008, CL -80-009, AND CL -80-010.
The foregoing Ordinance was passed on third reading by the following vote:
Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting,
"Aye;" Turner abstaining.
* * * * * * * * * * * * *
Mayor Turner referred to Item No. 1 pertaining to the supply agreement for
safety shoe and boot service and inquired if one particular type of footwear
could be purchased separately, the tennis shoes which were bid by Red Wing
company, and City Manager Juan Garza replied that if the supply agreement is
approved by the Council, all of the shoes must be purchased from that company.
He assured the Council that the staff will study the entire bid on shoes and
boots for future bids.
Minutes
Regular Council Meeting
February 21, 1989
Page 4
Council Member Guerrero noted that the bid by Safety Shoe Distributors,
Inc. was only $500 less than the local source and questioned why staff
recommended awarding the bid to that company.
City Manager Garza explained that it is not just $500, it is the entire
contract from the Houston company. He stated that difference is so large that
the City would be placed in the position of breaking laws governing competitive
bidding if the bid were awarded to another company.
Council Member Moss referred to Item No. 2 approving the purchase of
vehicles from two sources and informed the Council that Mr. Mike Shaw had
previously called him and inquired as to why the City of Corpus Christi was
advertising for bids on vehicles outside the City. Mr. Moss explained that he
investigated and learned that there was almost no response previously from the
local General Motors dealers on the City's bids. He indicated that he was very
plaeased that awards are being made to lcoal dealers now.
Assistant Police Chief Kenneth Bung explained that eight of the vehicles to
be purchased would be unmarked cars but that a majority of them will be marked
police cars. He described the distinctive markings that will be placed on the
new vehicles.
Mayor Pro Tem Schwing referred to Item No. 3 and expressed concern about
the bidding procedures on the heavy trucks, mentioning in particular the
specifications for electrical shut -down systems as opposed to the mechanical
shut -down system. Mr. Schwing explained he had become concerned about the bids
for these trucks and investigated the procedures with various staff members and
had learned from Mr. Red Isaacks, Director of Maintenance Services, that staff
is recommending the purchase of trucks with mechanical shut -down systems because
of the slow response of electrical shut -down systems. Mr. Schwing continued by
stating that he had prepared drawings showing the two types of shut -down
systems, and in his opinion, the staff is wrong and he felt that the trucks with
the electrical shut -down systems would be preferable.
Mr. Isaacks addressed the Council and explained how the mechanical
shut -down system works but agreed to examine this further for future
specifications.
Mr. Schwing again objected to the use of the same specifications and
suggested that the staff examine the drawings he had prepared illustrating the
two shut -down systems. He then inquired if Management wished to table this item
for further study.
City Manager Garza suggested
shut -down was very important and he
recommendation by tabling this matt
the City to adjust this bid, this is
out for bids again. He pointed out
has gone out for bids on trucks.
that the triggering mechanism for the
did not intend to change his mind about his
er. He stated that if the Council wanted
what they should do and then staff would go
that this is the second time that the City
Minutes
Regular Council Meeting
February 21, 1989
Page 5
Council Member Rhodes suggested that Mayor Pro Tem Schwing is on dangerous
ground in discussing this item and objecting to the staff's recommendation.
City Manager Garza agreed that Mayor Fro Tem Schwing may have valid
concerns, but that he himself was concerned about the manner in which it was
handled lin that Mr. Schwing dealt with lower staff members rather than dealing
with him on the City Manager level. He reiterated that he did not want to delay
this item.
The following items were then approved by the Council:
1. M89-0043
Motion approving a supply agreement for safety shoe and boot service with
Safety Shoe Distributors, Inc. based on low bid for an estimated annual
expenditure of $75,000. The term of the contract will be twelve months
with option to extend for up to an additional twelve months subject to the
approval of the supplier and the City Manager or his designee.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
2. M89-0044
Motion approving the immediate purchase of thirty-five sedans from Courtesy
Ford, total $326,972; forty-nine police sedans from Benson Chevrolet, total
$639,646; and authorizing the purchase of additional vehicles at the same
terms and conditions for the remainder of the current model year. The
awards are based on low bids. All items are included in the 1988-89
Capital Outlay. Twenty bid invitations were issued and three bids were
received.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
3. M89-0045
Motion approving award of contract for heavy trucks to the following
companies:
Port City Pontiac GMC
Five Trucks
Total: $73,353
Lindley International
Twenty-two Trucks
Total: $610,832
Grand Total: $684,185
Minutes
Regular Council Meeting
February 21, 1989
Page 6
Awards are based on low bid and low bid meeting specifications. All items
are included in the 1988-89 Capital Outlay budget for the various
requesting departments.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
* * * * * * * * * * * * *
Council Member Slavik referred to Item No. 4 pertaining to Title XX Meals on
Wheels Program thru the Texas Department of Human Services, and inquired about
the funding source for the $24,000.
Mr. Garza explained that the Grant Program itself has a history of a slight
surplus and this is used for future programs. He stated that in other words, it
is somewhat self-sustaining.
Council Member Slavik then referred to Item No. 5 granting the request of
the Corpus Christi Caller -Times for approval for persons to possess alcoholic
beverages in Cole Park during specific hours for the U.S. Open Pro Am Sailboard
Regatta. She stated that the Council has just recently passed the Ordinance
prohibiting the use of alcoholic beverages near schools and she objected to
granting this waiver so soon after passage of that ordinance, stating that she
will vote no on this item.
City Manager Garza explained that the reason for bringing this item to the
Council is that the City Council has asked to have the opportunity to waive the
prohibition during certain events.
Council Member Strong noted that there was concern in the neighborhood
that there would be the sale of alcoholic beverages, but she has ascertained
that no sales will be made, because this is just to allow spectators to have
alcoholic beverages in their possession while viewing the Regatta.
Council Member Rhodes stated that the Council had requested that the waiver
be placed in the Ordinance and the intent of the Ordinance was to prevent
alcohol being sold near the schools. She expressed the opinion that the waiver
is just to prevent spectators from being arrested if they should happen to have
a bottle of beer with them.
City Manager Garza assured the Council that this particular event would be
supervised and there will be security at that location.
Mayor Turner called for comments from the audience on this particular item.
Mrs. Beverly Barnum, representing the U.S. Open Pro Am Sailboard Regatta,
stated that they are requesting the waiver not because they plan to sell
alcoholic beverages, but because they anticipate that some of the spectators
might bring beer with them.
Minutes
Regular Council Meeting
February 21, 1989
Page 7
Citizens speaking in opposition to granting the waiver were: Mrs. Reva
Gregg, Mrs. Jean Newberry, Mrs. Abbie Saenz and Mrs. Rosie Garza.
Council Member Pruet inquired if plans for the new Fire Station No. 1 would
be prepared in keeping with the theme of Heritage Park, and Assistant City
Manager Elizondo stated that the building is supposed to blend in with the
structures existing in Heritage Park.
Mayor Turner called for consideration of the Consent Items from the
supplemental agenda, specifically Items 8a, 8b and 8c.
Council Member Slavik referred to the Resolution in support of House Bill
58 which would allow for certain elections to be conducted by mail ballot and
questioned this proposal.
Assistant City Manager Utter explained that the positive side of this Bill
is that it would allow for much greater participation by the voters and the
negative side is that there is a possibility of fraud. He stated that the plan
calls for the Secretary of State to work out a procedure for non -candidate
elections to be conducted totally by mail but there must be safeguards built
into it to prevent fraud.
City Secretary Chapa noted that this Bill provides for an option for the
cities to conduct elections by mail. He stated that conducting non -candidate
elections by mail would probably reduce costs considerably.
Mayor Turner stated that she had received a letter from Lubbock, Texas
requesting this City's support to require helmets for motorcycle riders as
included in a legislative bill.
Mr. Utter explained that a non -official coalition of the larger cities in
Texas including Dallas, Fort Worth, San Antonio, Austin and Corpus Christi have
reached the consensus that they did not want to become involved in this Bill on
helmets.
Council Member Slavik referred to Resolution No. 8c which amends the
Resolution previously adopting the Texas Municipal League Legislative Program
and expressed concern about the change in the Notice of Public Hearings and
publication requirements including notification.
Mr. Utter explained that the Texas Municipal League was concerned about how
many times a public hearing should be published and they are particularly
concerned about the high cost of the requirement for the notification by
certified mail.
Council Member Slavik then inquired about the Free Port Exemption, and Mr.
Utter explained that this issue was on the Constitutional ballot some time ago
and it failed to pass. He stated that the Free Port Exemption eliminates the
tax on goods in transit but it too would be a local option.
Minutes
Regular Council Meeting
February 21, 1989
Page 8
Speaking in regard to Item No. 8 which authorized financial assistance for
youth sports organizations was Mr. Bill Hall, 801 Crestview. Mr. Hall requested
that this item be delayed for further study. He stated that he had attended the
Park 5 Recreation Advisory Committee meeting at which this was discussed; very
few people appeared at the meeting; he was of the opinion that the funds were
being mismanaged; and he objected to the seven percent allocated for management
of the funds. Mr. Hall also expressed concern that the program does not address
safety issues that it should. Mr. Hall pointed out that the funds are being
depleted and suggested that the money be used as seed money so that more funds
could be granted to the leagues all over the City. He expressed the opinion
that most of the leagues on the south side of the City were receiving more funds
than others.
City Manager Garza explained that the
public hearings conducted at the time the
He stated that during those hearings there
that there were no allocations for youth
$500,000 were included in the bond issue
Garza agreed that there should be regional
the management of the funds could be improv
program started as a result of the
Bond Program was being recommended.
were a lot of comments to the effect
sports, and funds in the amount of
at the request of the public. Mr.
parks established and that possibly
ed.
Council Member Berlanga stated that he
has discussed this with leaders of youths
that they are a disorganized group. He e
staff and the Park and Recreation Advisory
more organized system to help the leagues.
did not know of any problems and he
sports and coaches and he has found
xpressed the opinion that the City
Committee are trying to establish a
Council Member Rhodes referred to Mr. Hall's statements and inquired if it
might be appropriate to table this item for a short time.
Assistant City Manager Hennings stated there is no problem in tabling the
matter if the Council had questions about it.
A motion was made by Council Member Rhodes that Item No. 8 be tabled for
one week. The motion was seconded by Council Member Berlanga.
Council Member Guerrero questioned tabling this item because the leagues
are anxious to get started and they would just be delayed that much longer.
The motion to table failed to pass by the following vote: Berlanga,
Rhodes, Slavik and Strong voting, "Aye"; Turner, Schwing, Guerrero, Moss and
Pruet voting, "No."
In a further explanation of this item, Mr. Garza explained that the total
in the bond issue was $500,000; $300,000 had been sold; $100,000 is granted each
year to various leagues; and $200,000 in bonds have not been sold. Mr. Garza
also noted that the usual procedure in all bond issues is to charge
administrative costs to the bond project.
'nutes
gular Council Meeting
.ebruary 21, 1989
Page 9
A motion was made by Council Member Guerrero that the $7,000 designated for
administrative costs be placed back into the league's fund. The motion was
seconded by Mayor Pro Tem Schwing.
Council Member Pruet stated that he questioned this because a precedent
would be established. He reminded the Council that the staff has always charged
fair administrative costs to all bond projects, and in his opinion, an exception
should not be made in this case.
Mayor Turner called for the vote on Mr. Guerrero's motion and it failed to
pass as follows: Guerrero voting, "Aye"; Turner, Berlanga, Moss, Pruet, Rhodes
and Strong voting, "No"; Schwing and Slavik absent at the time the vote was
taken.
Mr. Mario Rincon, 4210 Barrera, spoke in favor of the allocations, stating
that the league he is involved with was allocated $3,000 but they chose to
cancel this year's baseball season because major improvements are progressing on
a field at this time.
Mr. Augustin Ruiz, President of the Westside Pony League, urged approval of
the allocations this week so that they can make improvements before the season
starts.
City Secretary Chapa polled the Council for their votes and the following
items were approved:
4. M89-0046
Motion authorizing the City Manager or his designee to submit an
application and to execute all documents necessary to enter into contract
with the State of Texas, more specifically the Texas Department of Human
Services, for a new Title XX Meals on Wheels Program. The contract
contains a budget which includes $72,225 in Title XX Funds and a required
match of $24,075 from a reserve fund balance from Fiscal Year 1988 for a
contract total of $96,300.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
5. M89-0047
Motion granting the request of the Corpus Christi Caller -Times for approval
for persons to possess alcoholic beverages in Cole Park during the hours of
7:00 a.m. to 5:00 p.m., May 25 through May 29, 1989, when the Caller -Times
U. S. Open Pro Am Sailboard Regatta will be held at the park.
The foregoing motion passed by the following vote: Turner, Moss, Pruet,
Rhodes and Strong voting, "Aye"; Schwing, Berlanga, Guerrero and Slavik
voting, "No."
NOTE: It was clarified at the Meeting of February 28, 1989 that this
request was by the U.S. Open Committee rather than the Caller/Times. A
motion was made by Council Member Rhodes; seconded by Council Member Moss
and passed unanimously to note this clarification on the Minutes and the
original motion.
Minutes
Regular Council Meeting
February 21, 1989
Page 10
7. M89-0049
Motion authorizing the Municipal Arts Advisory Committee to appoint art
selection panels for the Police Station and Municipal Court facility,
Airport Terminal Interior, and Fire Station 111.
The foregoing motion passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8. RESOLUTION NO. 20591
AUTHORIZING THE EXECUTION OF AGREEMENTS WITH YOUTH SPORTS ORGANIZATIONS FOR
FINANCIAL ASSISTANCE FOR CAPITAL IMPROVEMENTS AT YOUTH SPORTS FIELDS.
The foregoing Resolution passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8a. RESOLUTION NO. 20592
AUTHORIZING SETTLEMENT IN THE ADDITIONAL AMOUNT OF $30,000 FOR A TOTAL
COMPENSATION OF $90,000 IN THE HARTGRAVES CONDEMNATION.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8b-1 RESOLUTION NO.20593
STRONGLY SUPPORTING SENATE BILL 122 AND HOUSE BILL 358 PROVIDING FOR MERGER
OF THE UNIVERSITY SYSTEM OF SOUTH TEXAS WITH THE TEXAS A & M SYSTEM,
EXPANSION OF CORPUS CHRISTI UNIVERSITY TO A FOUR-YEAR INSTITUTION, CREATION
OF A LAW SCHOOL AT TEXAS A & I, AND APPROPRIATE TRANSITION PROCEDURES.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8b-2 RESOLUTION NO. 20594
SUPPORTING LEGISLATION PERTAINING TO RETENTION OF WATER RIGHTS.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8b-3 RESOLUTION NO. 20595
SUPPORTING LEGISLATION THAT WOULD PERMIT CITIES TO ESTABLISH MUNICIPAL
DRAINAGE UTILITIES.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
Minutes
Regular Council Meeting
February 21, 1989
Page 11
8b-4 RESOLUTION NO. 20596
IN SUPPORT OF LEGISLATION RELATING TO MAIL BALLOT ELECTIONS, HOUSE BILL 58.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8b-5 RESOLUTION NO. 20597
RESPECTFULLY REQUESTING THE TEXAS LEGISLATURE TO VOTE AGAINST HOUSE BILL
913.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8b-6 RESOLUTION NO. 20598
RESPECTFULLY REQUESTING THE TEXAS LEGISLATURE TO VOTE AGAINST HOUSE BILL
100.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
8c. RESOLUTION NO. 20599
AMENDING RESOLUTION 20538 BY ADOPTING THE TEXAS MUNICIPAL LEAGUE
LEGISLATIVE PROGRAM AS PART OF THE CITY'S LEGISLATIVE PROGRAM.
The foregoing Resolution was passed by the following vote: Turner, Schwing,
Berlanga, Guerrero, Moss, Pruet, Rhodes, Slavik and Strong voting, "Aye."
* * * * * * * * * * * * *
Mayor Turner called for consideration of Item No. 16 on the Mustang -Padre
Islands Area Development Plan. She explained all of the public meetings and
hearings that had been conducted on this issue. She then read a prepared
statement explaining why she supports the boat pass at Packery Channel and
stated that she will vote in favor of the adoption of the entire Mustang -Padre
Islands Area Development Plan. Mayor Turner stated that after hearing the
experts testify during the Workshop Meeting the preceding week, she did not feel
there are any environmental or legal problems associated with locating the boat
pass at Packery Channel. (Copy of prepared statement not available)
Council Member Rhodes stated that she too had a prepared statement that she
would like to have included as a part of the Minutes. She expressed the opinion
that Packery Channel possibly is the best location for a boat pass but stated
that she had been concerned even after the Workshop Meeting the preceding week.
Mrs. Rhodes stated that she had discussed the issue with Dr. Orrin Pilkey,
Professor at Duke University, who is one of America's foremost authorities on
r
Minutes
Regular Council Meeting
February 21, 1989
Page 12
the sedimentary processes that form and continually reshape barriers islands, as
well as on shoreline erosion as affected by engineering structures.
Council Member Rhodes stated that after talking with Dr. Pilkey, she was of
the opinion that the opening of the Packery Channel boat pass should be
associated with the construction of an elevated causeway and a comprehensive
emergency evacuation plan. She stated that she felt that it is the Council's
responsibility to rely on the learned scientists who have given opinions on this
subject and she planned to vote "No" on the adoption of the development plan.
(See copy of Council Member Rhodes' statement that is attached to the Official
Copy of the Minutes.)
Council Member Slavik stated that she agreed with everything Council Member
Rhodes had said. She stated that she would prefer to vote "Yes" on adoption of
the plan but she would have to vote "No" for several reasons; 1. because she
cannot vote for a boat pass at any location until she knows the actual costs and
the funding sources; 2. it is her understanding that a public entity is supposed
to construct the boat pass, noting that the port, the county and the state have
all indicated that they will not pay for it which means that possibly the City
of Corpus Christi would have to pay for it. She stated that she is also
concerned about the residents on the island because they cannot afford to pay
for the boat pass; the City cannot afford to pay for it; and the island
residents are concerned about the plan to form a navigation district which would
be very costly to them.
Council Member Slavik continued by stating that she is also very concerned
about the proposed limited annexation which is explained on page 45 of the
revised booklet. She pointed out that the City Charter prohibits limited
annexation and she did not think that should be included as a part of the
development plan.
Mr. Brandol Harvey, Director of Planning, explained that the text states
that in addition to full -purpose annexation, that limited -purpose annexation and
extraterritorial jurisdiction rights should be examined. He pointed out that
the plan does not automatically recommend this and it is, of course, based on
the possibility that the City Charter will be amended.
Council Member Slavik inquired if she could receive an opinion on
limited -purpose annexation from the Legal Department, and Council Member Pruet
pointed out that the Council had previously received a very good explanation
from Assistant City Attorney Jimmy Bray. (copies of Mr. Bray's opinion were
provided the Council)
Mayor Turner stated that she had been presented with 419 petitions from
residents of Padre Island and all but one had expressed support of the plan and
the location of the boat pass at Packery Channel.
Mayor Turner then called for comments from the audience.
-r r
Minutes
Regular Council Meeting
February 21, 1989 •
Page 13
Mr. J. E. O'Brien, 4130 Pompano, read a statement on behalf of the Corpus
Christi Taxpayers Association Executive Committee in which they had voted to
oppose the adoption of the Mustang -Padre Islands Development Plan as it is
presently written. Mr. O'Brien particularly objected to the limited -purpose
annexation proposed which is in violation of the City Charter and he questioned
the massive annexation plan for Mustang Island. Mr. O'Brien objected to the
inclusion of Packery Channel boat pass in the plan and also expressed concern
that public funding would be required for the boat pass and this is a major
concern which is not addressed in this plan. He urged that the plan not be
voted on at this time.
Mr. Harvey explained that the revised plan now includes the statement in
regard to limited -purpose annexation to include the words "subject to revision
of the City Charter."
Mr. John Bell, 434 Sharon, stated that he is a member of the Executive
Committee of the Chamber of Commerce, and the Chamber of Commerce has expressed
support of the Mustang -Padre Island's Development Plan because of its
significance to the tourist industry. He expressed the opinion that there is a
need to have such a plan and a provision for a boat pass should be included in
the plan. He pointed out that unless the regulatory bodies agree and approve
this, the boat pass will not be constructed.
Mr. Jack Ratkovic, a resident of Padre Island, stated that the people who
live on the island have expressed approval of a boat pass and the development
plan.
Ms. Marie Spear, 9320 South Padre Island Drive, stated that she would
recommend that a poll of Flour Bluff and Padre Island residents be taken and
prior to that, that they be provided with copies of the plan. She stated that
she has received comments from Flour Bluff residents to the effect that if a
boat pass is constructed, the owners of property on Padre Island should have to
pay for it. She urged that the development plan not be adopted.
Mr. Raymond Hasker noted that there were good comments made by the experts
last week, but in his opinion, the Padre Island residents want to enhance their
property. He pointed out that if the Packery Channel boat pass is constructed,
it would end at Mr. Ralph Durden's Lake Padre development.
Dr. Paul Gray, 215 Mitchell, agreed with the statement made by Council
Member Rhodes. He stated that he agreed that Dr. Pilkey was the leading
authority on the subject and he had expressed opposition to the construction of
a boat pass because of the possibility of damage to beaches and the possibility
that it would create flooding. He also expressed the opinion that eventually
maintenance of the boat pass would be the City's responsibility. He also
questioned approving this plan before the Kennedy Causeway Committee has even
completed their study and report.
Minutes
Regular Council Meeting
February 21, 1989
Page 14
Mrs. Gwen Bryant objected to waiting for years before this City can get
anything done. She urged approval of the plan.
Mrs. Pat Suter, 1002 Chamberlain, related how other public hearings had
been conducted in the past and questioned the need for public hearings when the
City Council pays very little attention to what is said during the hearings.
She pointed out that the experts all stated that the Packery Channel Boat Pass
was not a good idea.
Council Member Slavik again questioned why a boat pass should be included
in this plan when no one has any idea how the expenses would be funded. She
expressed the opinion that the elevation of the Kennedy Causeway is of vital
importance for evacuation of the island and reiterated that there is no money
for the boat pass from any source.
Council Member Strong pointed out that what the Council is considering
today is the adoption of a long-range plan for this area. She expressed the
opinion that there is a need to plan for the development of Mustang -Padre
Islands and a boat pass is a part of that plan. She pointed out that funding
sources was never a consideration of development plans that have already been
approved. Mrs. Strong then reviewed the concept of barrier islands and stated
that in 1985, five of the Council Members endorsed the opening of a boat pass at
Packery Channel and in 1987, this particular Council endorsed the opening of a
boat pass at some location. She stated that funding should be a consideration
in the future.
Council Member Pruet stated that he supported some of the comments made by
Council Members Slavik and Rhodes and the concern of Mrs. Suter. He stated that
he felt that the evacuation of the island is essential but the City has devised
an emergency plan and a second causeway is in the state's ten-year plan. He
stated that the Council needs to have public hearings and they need to respond
to the will and sentiment of the people who speak at public hearings. He
pointed out that even if the Council adopts the plan including a boat pass,
there will have to be a specific plan for dredging and maintaining the boat pass
but that is a long time in the future.
Council Member Guerrero pointed out that the Council is not voting on the
funding today and he was of the opinion that the future of this City depends
upon the approval of some type of long-term plan for all of the City.
City Secretary Chapa polled the Council for their votes on the first
reading of the Ordinance and it passed as follows:
16. FIRST READING
ADOPTING THE MUSTANG -PADRE ISLANDS AREA DEVELOPMENT PLAN, AN ELEMENT OF THE
COMPREHENSIVE PLAN.
Minutes
Regular Council Meeting
February 21, 1989
Page 15
The foregoing Ordinance was passed on first reading by the following vote:
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet and Strong voting, "Aye";
Rhodes and Slavik voting, "No."
* * * * * * * * * * * *
Mayor Turner announced the public hearing on the following zoning
application:
17. Application No. 189-3, Rastech, Inc.: For a change of zoning from "B -2A"
Barrier Island Business District to "I-2" Light Industrial District on Lots
3A, 4A, and 5A, Block 18, Padre Island No. 1, located on the west side of
Padre Island Drive, approximately 100' south of San Felipe Drive.
Mayor Turner noted that the Planning Commission and Planning Staff
recommend denial of the application, and in lieu thereof, grant a special permit
for an open-air boat, trailer, and recreational vehicle storage facility with
10' masonry walls.
Mayor Turner then called for comments from the audience.
Mr. Jack Ratkovic informed the Council that a previous Council had approved
building a similar type structure on the island which is ten feet high and is
very unattractive because the landscaping that the Council recommended had never
been completed. He expressed opposition to a special permit for a similar type
of building on this case.
No one else spoke in regard to this zoning application.
A motion was made by Council Member Pruet, seconded by Council Member
Strong and passed unanimously by those present and voting that the hearing be
closed
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20604
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF RASTECH, INC. BY GRANTING
A SPECIAL COUNCIL PERMIT FOR A 150' BY 300' OPEN AIR BOAT, TRAILER, AND
RECREATIONAL VEHICLE STORAGE FACILITY WITH 10' MASONRY WALLS ON LOTS 3A,
4A, AND 5A, BLOCK 18, PADRE ISLAND NO. 1; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes and Strong
voting, "Aye"; Slavik voting, "No." Guerrero absent at the time the vote
was taken.
* * * * * * * * * * * * *
V'
Minutes
Regular Council Meeting
February 21, 1989 •
Page 16
Mayor Turner opened the public hearing on the following zoning application:
18. Application No. 189-4, Kathleen F. Archer, M.D.: For a change of zoning
from "R -1B" One -family Dwelling District to "AB" Professional Office
District on Lot 22, Block 8, Gardendale Subdivision, located on the north
side of Holly Road, approximately 235' east of Nelson Lane.
Mayor Turner noted that both the Planning Commission and Planning Staff
recommend approval of the application.
No one spoke in regard to this zoning application.
A motion was made by Council Member Pruet, seconded by Council Member
Strong and passed unanimously by those present and voting that the hearing be
closed.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
ORDINANCE NO. 20605
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF KATHLEEN F. ARCHER, M.D.
BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 22, BLOCK 8, GARDENDALE
SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL
OFFICE DISTRICT; AND DECLARING AN EMERGENCY.
An emergency was declared and the foregoing Ordinance passed by the
following vote: Turner, Schwing, Berlanga, Moss, Pruet, Rhodes, Slavik and
Strong voting, "Aye"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner opened the public hearing on the following zoning application:
19. Application No. 189-5, Mr. Robert J. Taylor: For a change of zoning from
"R -1B" One -family Dwelling District to "B-4" General Business District on a
portion of Lot 10, Block 3, Arcadia Subdivision, located on the west side
of South Staples Street, approximately 500' north of Annapolis Drive.
Mayor Turner pointed cut that the Planning Commission and Planning Staff
recommend approval of this application.
Mayor Turner called for comments from the audience and there was no
response.
A motion was made by Council Member Strong that the hearing be closed,
seconded by Mayor Pro Tem Schwing and passed unanimously by those present and
voting.
Minutes
Regular Council Meeting
February 21, 1989
Page 17
Council Member Slavik stated that she had a question before
Ordinance and asked for the staff's opinion in regard to the
opposition and suggested that a special permit be considered.
Director of Planning Harvey stated that staff is attempting
recommending so many special permits. He informed the Council
fence will be installed between the business and the residence
located on the lot would require access only from Staples Street.
Mr. Oscar P. Yturria, 1141 Florida, stated that he would prefer that a
special permit be granted so that if the property is sold, no objectionable use
would be allowed such as a bar or lounge.
City Secretary Chapa polled the Council for their votes and the following
Ordinance was passed:
the vote on the
two letters of
to refrain from
that a privacy
and the way is
ORDINANCE NO. 20606
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROBERT J. TAYLOR BY
CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OF LOT 10, BLOCK 3,
ARCADIA SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4"
GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY.
Turner, Schwing, Berlanga, Guerrero, Moss, Pruet, Rhodes and Strong voting,
"Aye"; Slavik voting, "No"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Turner recessed the Regular Council Meeting at 4:35 p.m. in order to
convene the Reinvestment Zone No. 1 Meeting.
* * * * * * * * * * * * *
Mayor Turner reconvened the Regular Council Meeting at 5:09 p.m. She then
recessed the meeting at 5:10 p.m. in order to allow the Council to go into
closed session for a private consultation between the City Council and its
attorney pursuant to Article 6252-17, Section 2(e), VACS with respect to pending
or contemplated litigation regarding regulation of an alleged public nuisance:
Woody's Nite Life Lounge, 4716 Angela.
Mayor Turner reconvened the Regular Council Meeting at 5:30 p.m., and there
being no further business to come before the Council, she declared the meeting
adjourned at 5:30 p.m., February 21, 1989.
* * * * * * * * * * * * *
Position on Packery Channel
Mary Rhodes - At Large
I. Safety/Evacuation issue
A letter received from Robert Sheets, director, of National Hurricane
Center, Fl., "Our major concern is the rapid development of the
barrier islands and primary - the safety of those individuals who
may be trapped on these islands in a hurricane. Kennedy Causeway is
already congested and it will be cut off well advance of
the hurricane actually moving into the area. This situation
will result in a major loss of life. No plan exists to evacuate.
I believe nearly all local officials recognize that indeed
such an event could occur with the present population situation.
If you now significantly increase the number of people at risk
in these vulnerable areas without providing some additional
evacuation capability and/or means of refuge, you obviously
compound an already serious problem.
-end letter
Kenndy Causeway corridor is the only escape route. Primarily we
need an elevated causeway from Flour Bluff to the islands.
If Packery Channel is opened it will permitrising hurricanestorm
surges to flood N. Laguna Madre and adjacent areas much more
quickly than if the storm waters are coming across the island by
normal process of erosion during surge build-up. All expert
testimony at our "hearing" agreed.
A letter from the Bureau of Geology, University of Austin concurs -
"reopening of Packery Channel would cause more rapid flooding
in areas under 4 ft above mean sea level.
-end.
ii. Environmental concerns
It does not take a geologist to realize that development of
residential and commercial property along with roads, utilities,
etc, on "shifting ribbons of sands in the paths of hurricanes"
is not a sensible idea. Quotes lifted from Audubon Society.
Dr. Morton, a geologisfrom the Texas Bureau of Economic Geology,
University of Texas re earch center- one of our expert panalists,
stated that to reopen Packery Channel could speed up the silting
of the Corpus Christi Ship Channel and have an adverse effect on
the ship channel at Aransas Pass. All experts agreed that it
would not help the salinity problem in the Laguna Madre,
Dr. Morton added that to reopen the channel would contribute to
the gulf shoreline erosion even if the sand bypass system would
work perfectly.
Dr. Orrin Pilkey, professor at Duke University, was invited to
attend the hearing. He regretfully could not attend. Dr. Pilkey
is one of Americans foremost authorities on the sedimentary
processes that form and continually reshape barrier islands,
as well as on shoreline erosion as affected by engineering structures.
He is recognized worldwide and is past president of the National
Association of Sedimentary Pertrologists. He has several books
written on barrier island erosion. He has visited the site and is
familiar with the Texas coast. He was recently awarded the
Francis Shepard Medal for excellence in marine geology.
I called Dr. Pilkey and he has kind enough to give me over an
hour of his time. He stated that he deeply regrets not being
able to attend our session- but had a prior commitment.
He has given permission to read his remarks into the record.
"I can not find words strong enough to point to the long term folly
of making such a dramatic major change in the barrier island.
New Jersey was first- and we should learn from their mistakes.
They now have a shoreline devoid of beaches. Those that still
exist are isolated and small and cost million of dollars to maintain.
I stress the ultimate horrible things that will happen to your
shoreline. The sand bypass systems are not working anywhere else.
There is no question that major changes will occur. There will
be an increase in the rate of flooding and I disagree with the others
as to the amount of flooding. Cutting the channel will result
in additional water flooding the area during a hurricane.
It is ridiculous to attempt to open this Channel when we know
better. It will cause addition problems elsewhere in the area.
It is a travesty to the next generation and a very short-sighted
decision.Millions of cubic yards of sand will be displaced.
The opening of Packery Channel is a poor move from all sorts
of standpoints. Bypass systems are a last resort effort
that cost the public more money than they are worth.
- on erosion- " there is no erosion problem until a structure
is built on the shoreline. Shoreline engineering destroys the
beach it was intended to save.
III Moral/legal concerns
Dr. Pilkey states that the beach is a valuable recreational
asset that is now being used by far more people than the
few who will benefit from reopening Packery Channel. He states
that this area is unusally stable for a barrier island in
annual storm related erosion and can't understand why we would
want to destroy it. He states that the developers should not be
allowed to experiment with the public welfare at the shoreline.
Ken Cross from the attorney generals office stated in his letter
that to qualify for a government exemption, the project should
be a bona fide public project, rather than a project simply
serving a private purpose or an obviously privately sponsored
project with a sham public face put on it. Mr. Cross told me
that even if it were able to be ruled legal- it is an "unwise"
project.
Property owners along the Packery channel west of the bridge wil
have their property seriously eroded. All citizens will have an
increase in their homeowners insurance.
Finally, the proposed cut runs through one of the finest beaches
present on the island- an irreplaceable natural resource.
3.
Conclusion -
There is no way I can endorse this project- until the following
requirements are met.
1. The Kennedy Causeway is raised -and an alternate escape route
• developed. The city needs a comprehensive emergency plan.
2. The sand bypass technology is developed to the point that
it will prevent and not add to beach erosion.
3. The people pushing this project are open and out front
with the exact costs of the dredging and maintenance and
how they intend to pay for and continue to pay for this project.
We need to take a good hard look at our priorities. Is
economic benefit worth risking the lives of men, women, and
children; worth destroying our priceless natural resources
worth destroying future generations enjoyment of the beach;
and worth taking a risk at putting the city in the position
of having to bail out a project that Mother Nature most
surely will not let succeed?
No.
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 February
21, 1989 which were approved by the City Council on February 28, 1989.
WITNESSETH MY HAND AND SEAL, this the /VI day of
19 417 .
Betty Tu ner, MAYOR
Armando Chapa, City Secretary
City of Corpus Christi