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HomeMy WebLinkAboutMinutes City Council - 11/16/1999I 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 November 16, 1999, which were approved by the City Council on November 30, 1999. WITNESSETH MY HAND AND SEAL, this 30th day of November, 1999. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 16, 1999 2:04 p.m. PRESENT Mayor Samuel L. Neal Jr. Council Members: Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott ABSENT Mayor Pro Tem Javier D. Colmenero City Staff: City Manager David R. Garcia City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ramon Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Dr. Bob Bullock, Grace Presbyterian Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Garrett. 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 Neal called for approval of the minutes of the joint and regular Council meetings of November 9, 1999. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal called for petitions from the audience. Mr. Richard Sanchez, President of the Texas Jazz Festival Society, said the recent Texas Jan Festival was a great success and he thanked the City of Corpus Christi and the event's corporate sponsors for their support. He noted that next year will be the 40th annual Jazz Festival and they plan to make it better than ever. Mr. Sanchez then presented the Council with posters and t -shirts of this year's festival design. Mr. Eddie Galvan, a member of the Board of the Texas Jazz Festival Society, said they estimate that over 25,000 people attended the three-day event. He said as a result of the city's financial support, the festival is now financially solvent. He said the dates for next year's event are October 20-22, 2000, again at Heritage Park. Mr. Galvan then introduced Mr. Alberto Garcia, who he called the true founder of the Ja77 Festival and to whom the 2000 festival will be dedicated. Minutes Regular Council Meeting November 16, 1999 Page 2 Mayor Neal commented that he thought the Heritage Park location was much more suitable to the event. Mr. Galvan added that this year the musical groups that participated agreed to receive $100 plus hotel accommodations, which greatly reduced the entertainment costs for the festival. Council Member Betty Jean Longoria said that several street lights were burned out around the festival site, and Mr. Garcia said staff will provide a report. Mr. Tony Bender thanked the Council for allowing him to address them last week and he said he admires the democratic process he witnessed. Mr. Jack Gordy, 310 Norton St., said that during the last 12 months the city has spent $437,032.42 to hire outside lawyers. He then read the section of the City Charter regarding hiring outside counsel. He said the Council should not be a party to a violation of the City Charter and they should not get mad when someone speaks the truth. Council Member Scott asked what the intent is of the Charter section referred to by Mr. Gordy. City Attorney Bray replied that it is to ensure that the reason for hiring outside counsel is communicated to the City Council. He said it has always been communicated but, in the press of business, it has not always been done in writing. Mr. Bray added that he intends to do that in the future. Mr. J.E. O'Brien, 4130 Pompano, said the detailed explanation City Manager Garcia gave Last week regarding the procedures followed for hiring outside attorneys does not conform with the language of the Charter. He said some city official should admit that proper procedures were not followed in the past, and he complimented Mr. Bray for his honest answer on the issue. Ms. DeeLynn Torres, 617 Lansdown, announced the 19th annual Coastal Bend Youth Soccer Association's Thanksgiving tournament on November 27-28, which attracts teams from many cities. She invited the Council members to attend. Council Member Betty Jean Longoria commented on the need to improve the soccer fields in the northwest. Mr. Leon Perez, 904 Buford, questioned why the daily newspaper ran a series of articles on racism, which he said were divisive. Mr. Perez also said he raised his children to not be racist. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 2-13). City Secretary Chapa stated that Council Member Scott had filed an affidavit and would not be discussing or voting on Item 4, and he said that Item 8 would be voted on as a resolution rather than a motion. Council members and audience members requested that Items 6 and 12 be withheld for discussion. Mr. Chapa then polled the Council for their votes and the following were passed: 2. M99-395 Motion approving a supply agreement with Horacio Ortiz Independent Consultants, Inc., Corpus Christi, Texas for armored courier service in accordance with Bid Invitation No. BI- Minutes Regular Council Meeting November 16, 1999 Page 3 0002-00, based on only bid, for an estimated annual expenditure of $28,320. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by user departments in FY 99-00. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 3. M99-396 Motion authorizing the City Manager or designee to execute a construction contract in the amount of $73,500 with H&S Constructors Inc. of Corpus Christi, Texas for the O.N. Stevens Water Treatment Plant: Chlorine Evaporator Discharge Piping Improvements. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 4. M99-397 Motion authorizing the acquisition of Parcel No. 21 located at the corner of Pharaoh Drive and Ennis Joslin Road for $54,070 in connection with the Spur 3, Phase 2 improvement proj ect. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott abstaining; Colmenero absent. 5. M99-398 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the contract with Ruby Mountain Inc. in an amount not to exceed $32,950 for consulting services related to the development of a mobile emissions reduction credit trading program. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 7.a. M99-401 Motion authorizing the City Manager or his designee to accept a grant in the amount of $4,375 and execute a contract with the Corporation for National and Community Service for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. Minutes Regular Council Meeting November 16, 1999 Page 4 7.b. ORDINANCE NO. 023837 Ordinance appropriating a $4,375 grant from the Texas Department on Aging through the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the continuation of the Senior Companion Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 7.c. M99-402 Motion authorizing the City Manager or his designee to accept a grant in the amount of $18,115 from the Texas Department on Aging through the Corporation for National and Community Service for the continuation of the Retired and Senior Volunteer Program. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 7.d. ORDINANCE NO. 023838 Ordinance appropriating a $18,115 grant from the Texas Department on Aging through the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for the continuation of the Retired and Senior Volunteer Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 7.e. M99-403 Motion authorizing the City Manager or his designee to accept a supplemental grant in the amount of $1,100 from the Corporation for National and Community Service for City staff to attend the National Senior Service Corps Conference in Orlando, Florida. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 7.f. ORDINANCE NO. 023839 Ordinance appropriating a $1,100 grant from the Corporation for National and Community Service in the No. 1050 Federal/State Grants Fund for City staff to attend the National Senior Service Corps Conference in Orlando, Florida. Minutes Regular Council Meeting November 16, 1999 Page 5 An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 8. RESOLUTION NO. 023840 Resolution authorizing Martin Rochelle of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., to submit an application for a TPDES MS 4 discharge permit on behalf of the City of Corpus Christi to the Texas Natural Resource Conservation Commission. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 9.a. ORDINANCE NO. 023841 Ordinance authorizing the City Manager or his designee to execute a one-year lease with Corpus Assets, L.P., to construct an aerial enclosed pedestrian bridge or skywalk across the Antelope Street right-of-way between the American Bank Building and the former Petroleum Tower Building in consideration of the payment of $1,860 in rent. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 9.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a fifty-nine year lease with Corpus Assets, L.P., to construct an aerial enclosed pedestrian bridge or skywalk across the Antelope Street right-of-way between the American Bank Building and the former Petroleum Tower Building in consideration of the payment of $7,440 in rent for the first four-year term, with the rent for subsequent five-year terms being adjusted based upon the consumer price index. The foregoing ordinance passed on first reading by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 10. RESOLUTION NO. 023842 Resolution authorizing condemnation proceedings by the City to condemn fee simple title to 1.751 acres, more or less, out of Lots 5 and 6, Section 16, Flour Bluff & Encinal Farm & Garden Tracts, as described on the attached Exhibit A, from the owners, Cynthia Riddick Marmolejo and William McDonald Riddick, Co -Trustees of the Warren Pretlow Riddick Tejas Trust and Patricia Swann Riddick Tejas Trust; Warren Pretlow Riddick and Patricia Swann Riddick, co -trustees of the Cynthia Riddick Marmolejo Tejas Trust and the William Minutes Regular Council Meeting November 16, 1999 Page 6 McDonald Riddick Tejas Trust, William P. Riddick, individually and as trustee, to construct street and utility improvements as part of the Spur 3, Phase 2 improvements project and for other municipal purposes. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 11. RESOLUTION NO. 023843 Resolution authorizing the City Manager to apply for Coastal Bend Council of Governments Fiscal Year 2000 regional solid waste grants. The foregoing resolution passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 13. ORDINANCE NO. 023845 Amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-250 - Schedule 1, One - Way Streets and Alleys, Section (a-1) School Areas, by establishing a one-way traffic pattern south on Marie Street in the direction of Adkins Drive to Lamont Street during the school hours of Calk Elementary School. The foregoing ordinance passed on second reading by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. Mayor Neal opened discussion on Item 6, structure of the Greater Corpus Christi Business Alliance interim boards. Mr. J.E. O'Brien said the San Antonio City Council recently approved the appointment of a fellow Council member to the Greater Kelly Development Authority, which was criticized by the San Antonio Express -News. Mr. O'Brien also read from opinions by the Attorney General and the Supreme Court on the issue. Mr. Jack Gordy said it defies common sense to argue that a city can exempt itself from state law. He added that legal opinions are available on the Internet, and he urged the Council to look into the issues surrounding Item 6. Mr. Abel Alonzo, 1701 Thames, said in the past he has criticized the Alliance because he said it has not been inclusive and diverse. He asked the Council to ensure that once the Alliance is divided into three entities that those boards work for the betterment of the city. Minutes Regular Council Meeting November 16, 1999 Page 7 City Attorney Bray replied that the newspaper articles referred to by Mr. O'Brien addressed the doctrine of incompatibility, which means that members of one body cannot make an appointment to another entity that has sovereign governmental authority. He said the difference is that the Economic Development Committee and the Convention and Visitors Bureau are non-profit corporation boards rather than governmental entities; therefore, the doctrine of incompatibility does not apply. City Secretary Chapa polled the Council for their votes as follows: 6.a. M99-399 Motion appointing Mayor Loyd Neal or his representative and Council Members Arnold Gonzales and Rex Kinnison to the Economic Development Committee Interim Board. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. 6.b. M99-400 Motion appointing Council Members Betty Jean Longoria, Henry Garrett and Javier Colmenero to the Convention and Visitors Bureau Interim Board and authorizing the remaining City Council members and Mayor Loyd Neal to appoint one representative each to the interim board by notifying the City Secretary of their appointee. The foregoing motion passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 12, donation to the Animal Control program. Council Member Gonzales thanked the foundation for their anonymous donation of $12,000 to Animal Control and $18,000 to the Gulf Coast Humane Society. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 023844 Ordinance appropriating $12,000 from an anonymous donation in the No. 1020 General Fund to support the extension of life to impounded, adoptable animals at the Animal Control Facility; amending Ordinance Number 023702, which adopted the FY 99-00 Budget by adding $12,000 to the No. 1020 General Fund. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. Minutes Regular Council Meeting November 16, 1999 Page 8 Mayor Neal recessed the regular meeting to hold the meeting of the Corpus Christi Community Improvement Corporation. * * * * * * * * * * * * * Mayor Neal reconvened the regular meeting and referred to Item 15. A motion was made, seconded and passed to open the public hearing on closing and abandoning a portion of Pirata Drive street right-of-way. No one appeared in opposition to the street closure. The Mayor stated that Council Member Gonzales would not be discussing or voting on Item 15. Council Member Betty Jean Longoria made a motion to close the public hearing, seconded by Council Member Garrett, and passed. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 023846 Ordinance closing and abandoning an undeveloped 22,500 -square foot portion of Pirata Drive Street right-of-way east of the Park Road 22 (South Padre Island Drive) Street right-of- way and west of the Sand Dollar Avenue right-of-way, between Lot 1A, Block 26, and Lots 20A and 20B, Block 27, Padre Island No. 1 Subdivision, subject to compliance with the specified conditions and the owner, Vincent Lee, replatting the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales abstaining; Colmenero absent. * * * * * * * * * * * * * Mayor Neal referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 16. Case No. 1099-3, Marcelino Soliz: A change of zoning from an "R-2" Multiple Dwelling District to a "B-1" Neighborhood Business District on L.A. Barnett's Resubdivision, Block 2, Lot 1, located on the southeast corner of Colonial Court and Old Robstown Road. City Secretary Chapa said the Planning Commission and staff recommended approval of the "B-1" District. No one appeared in opposition to the zoning change. Council Member Scott made a motion to close the public hearing, seconded by Council Member Garrett, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023847 Amending the Zoning Ordinance upon application by Marcelino Soliz by changing the zoning map in reference to Lot 1, Block 2, L.A. Barnett's Resubdivision, from "R-2" Minutes Regular Council Meeting November 16, 1999 Page 9 Multiple Dwelling District to `B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 17. Case No. 1099-4. Carlos E. Castro: A change of zoning from an "R-2" Multiple Dwelling District and "AB" Professional Office District to a "B-4" General Business District on Southside Addition Unit 4, Block 38, Lots 13, 14, 15, 16, 17, and 18, located on the west side of Kostoryz Road, approximately 60 feet north of McArdle Road. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-4" District, and in lieu thereof approval of a `B-1" Neighborhood Business District and approval of a special permit for an auto sales use on Lots 13 and 14, subject to five (5) conditions. No one appeared in opposition to the zoning change. Council Member Cooper made a motion to close the public hearing, seconded by Council Member Scott, and passed. Mr. Chapa polled the Council for their votes as follows: ORDINANCE NO. 023848 Amending the Zoning Ordinance upon application by Carlos E. Castro, by changing the zoning map in reference to Lots 13, 14, 15, 16, 17, and 18, Block 38, Southside Addition Unit 4, from "R-2" Multiple Dwelling District and "AB" Professional Office District to `B- 1" Neighborhood Business District and granting a special permit for auto sales use on Lots 13 and 14 subject to five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Colmenero absent. * * * * * * * * * * * * * Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the proposed 1999 annexation program: Area A: Wood River Areas (Tracts 1-5); Area B: River Hills Area (Tracts 1-4); Area C: Area west of San Carlos Subdivision; Area D: Mustang Island, west of SH 361 (Tracts 1 and 2); Area E: Padre Island, east of Park Road 22 (Tracts Minutes Regular Council Meeting November 16, 1999 Page 10 1-4); and Area F: Mustang Island, north of Mustang Island State Park (Tracts 1-5). Mr. Tom Utter, Assistant City Manager for Development Services, reviewed the geographic location and circumstances surrounding Area A. Mayor Neal called for comments from the audience on Area A, and there were none. Regarding Area B, Mr. Utter noted that it is bounded on the west by Wood River subdivision, by city -owned property and/or city annexed area on the north, and on the east by Hazel Bazemore Park and the county road leading to Hazel Bazemore Park. He said the largest tract in Area B (Tract 3) contains the River Hills Country Club. Responding to Council Member Betty Jean Longoria, Mr. Utter said staff is not recommending that County Road 69 leading to Hazel Bazemore Park be annexed. Council Member Gonzales asked about Tract 3. Mr. Utter said the city is providing services to all the annexed areas around Area B. He said staff believes since everything around Tract 3 is annexed (with the exception of the county park), Tract 3 should be annexed as well. He added that the total revenue in that area is relatively small. City Manager Garcia said it is not good public policy to leave "islands" of different jurisdictions within a community. He said the demands that the River Hills Country Club place on the system are the same as any other business within the city limits. He added that regardless of whether or not they pay for city services, the city will be the first to provide services in the event of an emergency. Mrs. Longoria asked who would respond to fires in Area B. Fire Chief J.J. Adame replied that even though it is served by a volunteer fire department, it is not a full-time service. He said if the city's fire department was called, it would respond to an emergency and, if the area is outside the city limits, they would be billed according to the ordinance. Mr. Garcia added that if a structure located outside the city limits (such as in Area B) caught fire, it would threaten the surrounding areas that are located inside the city limits. Mrs. Longoria also asked about the long-term plans for Tracts 1 and 2. Mr. Utter said the area in Tract 2 immediately adjacent to Tract 3 will probably be developed for residential uses. The rest of Tract 2 running toward the Nueces River is located in a flood way and probably will become part of a park. He said Tract 1 is also in a flood way and probably will be picked up by the county or some other governmental entity. Mayor Neal called for public comment on Area B. Ms. Michele Laird read from a prepared statement which she distributed to the Council. She said she lives on County Road 69 adjacent to River Hills Country Club and Hazel Bazemore Park. She said their single block of six homes is inappropriately tied to Tract 4 and instead should be tied to the Nueces County Water Control and Improvement District (NCWCID) #3 and the county park. She said their block is fully developed and does not need developmental controls imposed on it nor do they need city services. She said she and the others living there were asking the Council to remove the six homes located in Tract 4 from the present annexation program. Mr. James Robeau said he also lives along County Road 69. He reiterated Ms. Laird's request Minutes Regular Council Meeting November 16, 1999 Page 11 that the six homes there be severed from Tract 4 until they can more appropriately be grouped with the county park and NCWCID #3. He said they can be brought into the city when the city is ready to undertake funding and maintenance of those areas and the abolishment of the water district. Mr. Joe DeBellas, President of River Hills Country Club, said the residents in Area B have not been well represented, which he explained. He said the country club does not need any city services and would only be forced to pay higher taxes. Mr. Tom Inman, 4345 Catfish Dr., said he is the general manager and head golf professional at River Hills Country Club, a not-for-profit organization with 365 family members. He said the cost for maintaining that facility is going up every day and an increase in taxes would place a greater burden on the club. Mr. Bill Bittie, 4117 River Hill Dr., said he has been a member of the country club there for 43 years. He said in the club's 55 years of existence it has become self-sufficient and does not need city services. He said the Annaville Volunteer Fire Department can service their needs because they have three pumper trucks and a tanker that can haul water (there are no hydrants), as well as having equipment to fight brush and grass fires. Ms. Margaret Eve, 13605 Burning Tree Lane, said River Hills Country Club presents no risk from a zoning perspective because it is legally established to remain as a golf course into the foreseeable future. She said there is no room on the property for any more development. She asked that Tract 3 be eliminated from the annexation proposal. Mr. Walter Presley, 3902 Starlite Lane, said he is the head golf coach at Calallen High School. He said the country club provides a valuable service to the golf programs in Calallen, Tuloso-Midway, and Robstown, which he described. Mr. Gordon Matt, 14301 Fairway Dr., described how the golf course grew and developed into the course it is today. He urged the Council to eliminate Tract 3 from being annexed or delay a vote for five years. Mr. Pat Butler, 14633 Sweet Water Creek, said that as a member of the country club he objects to the proposed annexation. He said the club has had its own easement into the golf course since 1947. He said the course can be accessed via state highways and has not used city services. Mr. Kenneth Campbell, 6440 Everhart, a member of River Hills Country Club, said he is against the annexation because they have thrived without the benefit of city services. Mr. Bob Golightly said he is a member of the country club. He said if it is annexed it will raise the club's taxes and the members' dues. Mr. Wayne Tiser, 14434 Fairway Dr., asked the Council to not annex the country club. Minutes Regular Council Meeting November 16, 1999 Page 12 Mr. Dennis Thinman said he owns a business at 14446 FM 624 and although he wishes the zoning was different than what was proposed, he does not mind having that land annexed. He also said he is not a member of River Hills Country Club and he does not live on County Road 69, but he asked the Council to exclude those two areas from the annexation program. Mr. Gary Martin, 4358 Spring Creek, said he owns 22.13 acres of property directly north of River Hills Country Club. He said the majority of his property is flood land but it does not abut the Nueces River. He added that he lives there, has drilled a well and installed a septic system. Mr. Martin said since the cost to develop his land would be very expensive, he does not plan to do so. However, he said if the city would agree to not annex his land at this time, he would be willing to be annexed if he chooses to develop his land in the future. Mrs. Clarise Almond, 10810 Timbergrove, said she and her husband are members of River Hills Country Club and enjoy playing golf there frequently. She said they are on a limited income and are opposed to annexation for the reasons previously stated. Ms. Louise Miller, 13626 Burning Tree, said River Hills is a family golf course and she hopes the club will not be annexed. Ms. Mariam Hales, 4134 Tripoli, said she has been golfing at River Hills for over 20 years and she said she also hopes the club is not annexed. Mr. Jimmie Till, 6034 Lost Creek, said that until last year he lived in the northwest area for 74 years, and he referred to an unwelcome annexation program that occurred in the northwest 25 years ago. He said all of the other golf courses were in the city limits when they were built and he said River Hills Country Club does not need to be annexed. Responding to Council Member John Longoria, Mayor Neal said the River Hills Country Club is currently paying taxes to Del Mar College. Mr. Longoria said the amount of money for the country club is about $7,200. He said the community there has been very generous. Mr. Utter then described Area C (which is located west of the San Carlos subdivision) and Area D (Mustang Island west of SH 361). There were no comments from the audience or the Council regarding those areas. With regard to Area E, City Secretary Chapa said Council Member Garrett would be abstaining from discussing or voting on that item. Mr. Utter described the proposed annexation area. Mayor Neal called for comments on Area E. Dr. Robert Walter, 16526 Park Road 22, said there are laws and regulations which prevent practical economic development of his property. He said he needs the cooperation of the Council and the weight of their political influence to remove those development barriers. However, he said he is opposed to the annexation not only of his property but other areas to which residents are opposed. Minutes Regular Council Meeting November 16, 1999 Page 13 He discussed the importance of rights of citizens and he asked that the Council not exercise the power granted by the Texas Legislature until it can be determined that that power is just. Mr. Eric Lower, 725 S. Water St., said he is the owner of one of the largest pieces of property being considered for annexation, which he supports. He said the citizens have the right to a wider beach and he feels he should have the right to develop his property which, with proper zoning, can become a huge asset to the city. Mr. Utter described Area F, which consists of 3,221 acres north of the Mustang Island State Park and is divided into six tracts. Mayor Neal called for comments on Area F. Mr. Melvin Littleton, said he owns and operates a construction company in Port Aransas. He said he bought a 42 -acre tract of land that would be a perfect place for a fill pit; however, he was told that it would be annexed by Corpus Christi and zoned residential. He said he was opposed to the annexation of Area F for several reasons. Mr. Greg Smith said he was speaking on behalf of two property owners in Tract 1, who expressed concern about city services being provided to them. He said the City of Corpus Christi, either in its annexed portion of beach or in its jurisdiction, owns about 17 miles of beach. However, he said, in the last 10 years no money has been spent to develop that valuable beachfront area. He said the city ignores its beaches. Mr. Jack Ponton said he has been in business in Port Aransas for over 20 years. He said Corpus Christi is annexing an area that is not contiguous to the rest of the city and the residents there identify with Port Aransas rather than Corpus Christi. He also asked if they are annexed, whether they would receive toll-free telephone service to Corpus Christi. Mr. Ponton asked the Council to delay all annexation of Area F until they have time to come up with a solution. Mr. Edwin Flato said he owns over 200 acres in Area F. He said there is no reason to annex it at this time and to do so would be a disservice to the property owners and the city. Ms. Tammy Ferris said she resides in Austin and she owns property at Gulf Shores Condominiums. She said she has yet to find anyone who is in favor of the annexation of Area F. She said the Council should be concentrating on providing services to areas it has already annexed, and they should accept the offer made by the City of Port Aransas. Mr. Wayne Croft, 5201 Graford Place, said he lives in Corpus Christi and owns a piece of property at a condominium in Port Aransas. He said the Planning Commission during their meeting last week recommended that Tracts 3, 4 and 5 in Area F not be included in the city's annexation program at this time. Mr. Croft also said the owners of Gulf Shores Condominiums went on record as being opposed to the annexation proposal. Mr. Jack Gordy said he does not own property or live on Mustang Island, but he was opposed Minutes Regular Council Meeting November 16, 1999 Page 14 to the annexation of that area. Mr. John Schindler said he owns a condominium on Mustang Island. He expressed concern about emergency response there, and he said the owners feel the City Council can do anything it wants to regarding the annexation because it has the power to do so. He urged the Council to exclude Area F from the annexation. Mr. Gary Graham, 13807 Seahorse, said he owns residential and commercial property on the island and his firm manages three homeowners associations in Area F. He encouraged the Council not to annex that area if they are not willing to take the revenue stream from island properties and spend it to enhance and promote the island. He said if the city does annex the island, they should take pride in it the same way San Antonio takes pride in its riverwalk. Mr. Scott Stubblefield, manager of Gulf Shores Condominiums, said the owners voted to oppose annexation by Corpus Christi and to approve annexation by Port Aransas. He said if Corpus Christi does annex them, their tax dollars will be used to promote competing attractions. Mr. J.E. O'Brien reiterated the position of the Executive Board of the Taxpayers Association, which is opposed to the annexation of Area F. He questioned capital improvement costs in that area and policing costs. He suggested that it is time for a change in staff policies. Ms. Sarah Graham, 7005 Ashdown, said no one was in favor of the annexation of Area F. She said the properties --many of which were purchased in the 1980s --are just now beginning to pay for themselves and annexation will raise their taxes. She said the income from that area will not be commensurate with the cost of providing services there. She added that she would personally favor being annexed by Port Aransas than Corpus Christi. Mr. Jim Rush said he lives at and is the general manager of Port Royal. He said the property owners there do not want to be annexed by Corpus Christi. He asked that the Council wait and double check its figures. Mr. Jim O'Neil, a resident of Austin, said he owns property in Port Aransas as well as several acres near Corpus Christi. He said he is not opposed to having that property annexed by Corpus Christi but he asked that he receive some consideration when he comes in for zoning. Mr. Carl Badalich said he owns a beachfront home on Mustang Island. He said the money being offered by Port Aransas should be used to raise the JFK Causeway. He also referred to an area of land that Corpus Christi ceded to Port Aransas for the development of a golf course which never occurred. He said Corpus Christi needs to annex all undeveloped property immediately and take over the water district. Mrs. Longoria made a motion to close the public hearing, seconded by Dr. Gonzales and passed (Colmenero absent). Minutes Regular Council Meeting November 16, 1999 Page 15 Responding to Mayor Neal, Mr. Utter said the first reading of the annexation ordinance is scheduled for December 14th and the second reading is scheduled for December 21'. In reply to Dr. Gonzales, Mr. Utter said the Planning Commission at their meeting last week had not intended to consider any recommendation on annexation. However, at the request of the audience, the Planning Commission discussed the issue and recommended the annexation of Tracts 1 and 2 in Area F and that Tracts 3-5 not be included in the program at this time. Mayor Neal made a motion to direct staff to proceed with the annexation program to annex Area A as recommended; to annex Area B with the exception of Tract 3; to divide Tract 4 in Area B and to not annex the six homes along County Road 69; to annex Area C as proposed; to annex Area D as proposed; to annex Area E with the exception of Tract 4; to annex Area F with the exception that Tracts 3A, 3B, 4 and 5 be removed from the current annexation calendar; that Tracts 1 and 2 in Area F be scheduled for annexation no later than December 31, 1999; that Tracts 3A, 3B, 4 and 5 be scheduled for incremental annexation no later than December 31, 2002; that staff be directed to work with the residents of Tracts 3A, 3B, 4 and 5 to identify services necessary to be included in the service plan for those areas and the accurate costs thereof; that staff be directed to take all steps necessary to ensure that all statutory requirements and time requirements are complied with; and that the City Council be kept fully informed of their activities. Council Member Cooper seconded the motion. Following a discussion, it was agreed that each area would be voted on separately. The motion was withdrawn. Mayor Neal then made a motion to direct staff to prepare a plan for annexation of Area A as recommended; seconded by Mrs. Longoria. A voice vote was called, and the motion passed unanimously (Colmenero absent). Mayor Neal made a motion to direct staff to prepare an annexation plan for Area B excluding Tract 3; seconded by Mr. Longoria. A voice vote was called, and the motion passed unanimously (Colmenero absent). The Mayor made a motion to direct staff to divide Tract 4 in Area B and to exclude from annexation the highlighted areas (the six homes along County Road 69). Mr. Chapa polled the Council and the motion passed as follows: Neal, Cooper, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Garrett, Gonzales, and Scott voting "No"; Colmenero absent. Mayor Neal made a motion to direct staff to prepare a plan for annexation of Area C as recommended; seconded by Mr. Longoria. A voice vote was called, and the motion passed (Kinnison abstaining; Colmenero absent). Mayor Neal made a motion to direct staff to prepare a plan for annexation of Area D as recommended; seconded by Mr. Longoria. A voice vote was called, and the motion passed unanimously (Colmenero absent). Minutes Regular Council Meeting November 16, 1999 Page 16 Mayor Neal made a motion to direct staff to prepare a plan for annexation of Area E as recommended with the exception of Tract 4; seconded by Ms. Cooper. Mr. Utter briefly responded to Council members' questions regarding Tract 4. A voice vote was called, and the motion passed (Kinnison voting "No"; Garrett abstaining; Colmenero absent). Mayor Neal made a motion to direct staff to proceed with an annexation plan for Area F to include Tracts 1 and 2 no later than December 31, 1999; that Tracts 3A, 3B, 4 and 5 be scheduled for incremental annexation no later than December 31, 2002; and that staff be directed to work out a service plan for Tracts 3A, 3B, 4 and 5. Ms. Cooper seconded the motion. Mr. Scott said he has had meetings with residents of Mustang Island who raised concern about several issues, including using prisoner labor for beach clean up, insurance key rates, long distance telephone costs, cable access, vector control, and drainage issues. Mr. Scott asked if the Council feels those issues are not addressed in the future, whether they could decide not to annex Mustang Island. Mayor Neal agreed, saying this Council or future Councils have the opportunity to either continue the annexation plan or determine not to annex it that year because the city is not ready to do so. He added that the purpose of his motion is to get the Council on record for having this annexation completed by December 31, 2002. Mr. Scott said it is only on that basis that he is willing to support the Mayor's proposal. Dr. Gonzales said he felt the Council should make a commitment to annex Mustang Island because it is a very important piece of land. Responding to a question from Dr. Gonzales, Mr. Utter said the Council could give staff direction to annex some land during this annexation process and then have staff bring back incremental pieces over the next one to three years. He added that the sitting Council at that time would still have the option to approve or reject the incremental annexation proposals. Mayor Neal said he was asking for time to develop a plan of services in an orderly fashion. Mr. Garcia said staff has an idea of what they propose as a plan of services for Mustang Island and they would like to discuss with the residents what they feel is a reasonable plan of services. Dr. Gonzales said he thought staff had already provided that information through the proposed annexation program. Mr. Garrett said he had a problem with committing to annexing Tracts 3-5 in Area F without having the services in place. Ms. Cooper said she supported the Mayor's motion because she agreed that the Council should make a commitment to annex Area F but it should involve a measured approach over a period of years. Mrs. Longoria said she felt the Council should annex the area now because of the importance of the island to the city. Responding to Mr. Kinnison, Mr. Garcia said the city has this annexation cycle and two other annual annexation cycles to go through before the annexation law changes. However, he said the law could be changed again during the next legislative session. Mr. Kinnison said if the Council plans to annex Area E, it makes fiscal sense to annex Area F as well or do not annex either one at this time. Minutes Regular Council Meeting November 16, 1999 Page 17 Mr. Chapa polled the Council on the Mayor's motion, and it failed to pass by the following vote: Neal, Cooper, Garrett, and Scott voting "Aye"; Gonzales, Kinnison, B. Longoria, and J. Longoria voting "No"; Colmenero absent. Mr. Longoria made a motion to direct staff to proceed with the full annexation of Area F as recommended. Dr. Gonzales seconded the motion, adding that he wished to amend it to include the concerns raised by Mr. Scott and others. Mr. Longoria said he wished to withdraw his motion so that there will be a full Council when they consider the annexation proposal as presented by staff on Area F on December 14th. Mr. Scott made a motion to eliminate Area F from the annexation proposal; seconded by Mr. Kinnison. Dr. Gonzales and Mrs. Longoria said they did not think the Council should vote on eliminating Area F from the annexation proposal without a full Council present. Responding to Mrs. Longoria, Mr. Chapa said when the issue comes back to the Council for formal approval on December 14th and December 21st, the Council can amend it or accept it as recommended. Following additional discussion, Mayor Neal directed staff to bring back the annexation plan as proposed (with the amendments previously approved by the Council), thereby not accepting the motion made by Mr. Scott. * * * * * * * * * * * * * Mayor Neal called for a brief recess. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 19, south loop transportation study. Mr. David Seiler, Traffic Engineer, introduced Mr. Amin Ulkarim, Director of Transportation for the Metropolitan Planning Organization (MPO), who gave a computer presentation on the south loop transportation study. He explained that the MPO consists of seven entities: Corpus Christi and Portland; Nueces and San Patricio counties; Regional Transportation Authority; Port of Corpus Christi Authority; and Texas Department of Transportation (TXDOT). Mr. Ulkarim further explained that MPOs are mandated by federal law to prepare and keep current a 20 -year transportation plan for metropolitan areas, working cooperatively with local governments and providers of transportation. He said there are five stages in transportation planning: perception, concept formation, exploratory study, feasibility study, and detailed study. With regard to the south loop study, he said the tasks that have been completed thus far are perception, concept formation, and exploratory study; remaining tasks are feasibility study and detailed study. The perception stage of the south loop study involved the following observations: continuous growth toward the Southside and the northwest areas; an increase in traffic on all major Minutes Regular Council Meeting November 16, 1999 Page 18 streets; limitations on the widening of roads; and insufficient regional road connections. Mr. Ulkarim said a subcommittee of the MPO's Technical Advisory Committee worked together to recommend a loop system that would provide an inter -city and intra -city transportation corridor, which he illustrated on a map. He also discussed several analyses of data of traffic from 1991-96 in specific areas of the city. The exploratory portion of the study also considered other factors, such as expansion in the port area and the airport, the NAFTA/I-69 corridor, Crosstown Expressway extension, and the JFK Causeway. He said based on the information gathered to date, the committee made the following recommendation: that a south loop be established, originating at a point on US 77 (I-69) north of Odem to Carbon Plant Road and crossing Joe Fulton International Trade Corridor. The loop would then extend south and southeast crossing SH 286 to the Laguna Madre, with a possible second crossing to Padre Island. The south loop would also include connections to FM 70 and the extension of Rodd Field Road. Mayor Neal asked what the long-range plan is for implementation of the south loop and the timing of funding requests. Mr. Billy Parks, TXDOT District Engineer, said they should consider hiring a consulting engineering firm to conduct the location study. He added that the master plan needs to be updated to include the south loop. He said he does not anticipate the south loop being constructed for at least 10 years. Council Member Betty Jean Longoria asked when public comment would begin to be solicited. Mr. Parks said it will be at least two to three years before a location for the south loop is defined. Mr. Seiler added that they are trying to define as closely and quickly as possible the alignment between IH 37 and south of Leopard Street. Mr. Michael Gunning, Director of Planning and Development, said a portion of the south loop will fall in the Northwest Area Development Plan update, which he explained. Council Member Gonzales noted that the Rodd Field Road connection will help to take traffic out of the city. Mr. Parks pointed out that the south loop will be a traffic corridor in that it will not have an exit ramp every mile. * * * * * * * * * * * * * Mayor Neal announced that the discussion of funding options and cooperative efforts in construction of a multi-purpose arena and a presentation on possible festival area sites would be held on November 30th. Mr. Garcia reminded the Council that the dedication of Fire Station No. 4 at Rodd Field Road will take place November 22nd at 3:30 p.m. He added that TXDOT will conduct a public hearing on the Crosstown Expressway on November 18th at South Park Middle School. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:35 p.m. on November 16, 1999. * * * * * * * * * * * * *