HomeMy WebLinkAboutMinutes City Council - 05/06/1981MINUTES
CITY OF CORPUS CHRISTI', TEXAS
REGULAR COUNCIL MEETING
MAY 13, 1981
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Bob Gulley
Dr: Charles W. Kennedy
Cliff Zarsky
ABSENT:
Council Members:
Jack K. Dumphy
Herbert L. Hawkins, Jr.
City Manager Marvin Townsend
City Attorney Bruce Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council
Chamber of City Hall.
The invocation was given by the Reverend Don Richey, Jr. of Trinity
Baptist Church, following which the Pledge of Allegiance to the Flag of the
United States was led by Mayor Pro Tem Betty N. Turner.
City Secretary Bill G. Read called the roll of required Charter
Officers and verified that the necessary quorum was present to conduct a
legally constituted meeting.
Mayor Jones announced the issuance of the following proclamations:
"ARMED FORCES WEEK" - May 16 - 23, 1981; "VFW BUDDY POPPY DAY - Post
#2465" -May 30, 1981; "VFW BUDDY POPPY DAY - JESSE LITTLE POST #8932" -
May 30, 1981; "VFW BUDDY POPPY DAY - JOHN N. TIMON POST #2397" - May
30, 1981; AND "NATIONAL POLICE WEEK" - May 10 - 16, 1981.
Mayor Jones administered the oath to two new appointees to Boards
and Committees.
Mayor Jones called for consideration of the Minutes of the Regular
Council Meetings of March 11, and March 18, 1981.
Council Member Zarsky indicated that he had one correction on the
Minutes of March 18 on Page 11 in regard to a quote from him and asked that
the word "not" be inserted as follows: "He stated that he agreed that there is
a need for human development but the City need not be involved in physical
development."
MICROFILMED "SEP 191984
Minutes
Regular Council Meeting
May 6, 1981
Page 2
*********
Mayor Jones then administered the oath of Office to Mrs. Eleanor Goldston,
newly appointed member to the Board of Equalization.
**********
Mayor Jones then announced the bid opening on the following project:
Construction of 71 slips at the south end of the L -Head. The plans
include ten alternate for 32 slips as an extension of the two finger piers.
This is a 1977 Bond project.
Mr. James K. Lontos, Assistant City 'Manager, opened bids from thJ
following firms: Texas Marine, Inc., Goldston Company, Inc. and W. T.
Young Construction, all of Corpus Christi and Brown & Root of Ingleside,
Texas. He verified that the required bid security bond had been submitted
with each bid.
Mayor Jones stated that the bids will be tabled for 48 hours, pursuant to
the requirements of the City Charter, and referred to the Staff for tabulation
and recommendation.
*********
Mayor Jones next announced the presentation by County Commissioner J.
P. Luby in regard to reconstruction of foredunes on Mustang and North Padre
Island.
Commissioner J. P. Luby read from a prepared statement to the Council
pointing out that the foredunes are our front line defense against surging
waters caused by tropical storms and that as a result of the destruction of
many of the sand dunes from Hurricane Allen, the entire City's coastline from
the Naval Base to North Beach is in a vulnerable situation should we encounter
another tropical storm similar to Hurricane Allen. Commissioner Luby strongly
proposed that the City of Corpus Christi, the City of Port Aransas, and the
County of Nueces cooperate to form an advisory committee, as well as provide
monetary support for the purpose of reconstructing the dunes. He further
provided the Council with a list of names of persons whom he recommended be
considered to work on this project.
Council Member Kennedy inquired if a cost estimate had been arrived at
and if any State or Federal funds would be allocated for this project.
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May 6, 1981
Page 3
Commissioner Luby replied that he had not arrived at a cost estimate as
yet but feels it might be around $20,000 or $30,000 and that he is still checking
into the possibility of obtaining State or Federal funds.
Mayor Pro Tern Turner inquired if some of the dunes were located within
the City limits and Commissioner Luby replied that they were all outside of the
City of Corpus Christi.
Mayor Pro Tem Turner then asked if this was the first time the County
had come before the Council to ask that the City and the County participate
this project and whether he advocated that there be more joint participation in
such projects. Mayor Pro Tem Turner suggested that a more positive role
should be taken by both entities in support of the City's Airport, since this is
a facility in which both the County and the City have an interest.
Commissioner Luby stated that he would not speak for the rest of the
commissioners that he was present to speak on an entirely different matter. He
added that he felt that $20,000 to $30,000 of City expenditures is a small price
to pay for protection of City buildings such as the Convention Center.
Commissioner Luby proceeded to say that he was not asking for financial
support at this time but that he would like to arrange a bus tour for the City
of Corpus Christi, City of Port Aransas and the County for the purpose of
inspecting the damaged dunes as well as inspecting the rebuilt dunes in the
National Seashore area. He then presented the Council with a photograph of
the dunes as they are proposed to be restored with the type of vegetation to
be used for protection from washouts.
After further discussion, the Council agreed to take the bus tour of the
damaged dunes following the conclusion of the Council's weekend workshop
session of May 17, 1981 to be held in Port Aransas.
*********
Mayor Jones called for the City Manager's Reports.
City Manager Townsend presented the following items with related
comments and explanations and recommended that:
1. Bids be received May 26, 1981 for twelve months supply or
approximately 40,000 pounds of pipeline enamel, 110 gallons of primer
and 40 12' x 800' rolls of felt for use by the Gas Division to protect
pipe.
Minutes
Regular Council Meeting
May 6, 1981
Page 4
2. Bids be received May 27, 1981 for twelve months supply or 200 boxes
of flexible plastic gaskets (25 per box) and 10 gallons of primer for
the Wastewater Services.
3. Bids be received June 2, 1981 for a twelve months supply of the fol-
lowing items: approximately 2,000' of chain, 617 hooks, 930 lbs. of
rope, 15,700 feet of wire rope and guy wire and 272 wire rope clips,
for use by various activities.
4. 30,000' of 21" fire hose be purchased from Corpus Fire and Safety on
the basis of low bid of $41,970. Bids were received from eleven
firms. Price comparison shows a decrease of 34% over previous pur-
chase in 1979. The 1980-81 Budget provides $43,000 for 19,200 feet.
Specifications have been changed from cotton/polyester to 100% poly-
ester so as to substantially reduce the unit price and allow 30,000
feet to be purchased..1 Most of the 21" hose now in use is over 19
years old.
6. Fifty 9'10" galvanized handrails be purchased from Industrial
Fabricators, Corpus Christi for $10,225, on the basis of low bid.
Four bids were received. The handrails are for Wesley Seale Dam to
replace deteriorated handrails along the walkway. Seven hundred
feet of the 5,500' of handrail was replaced during the last two years.
The price has increased 6.5% since June, 1979.
7. Plans and specifications for the construction of Cain Drive from South
Staples Street to Everhart Road be approved and bids be received
June 3, 1981. This is a 1977 Bond Project which includes
construction of sidewalks, curbs, gutters, paving and storm sewers
in the Gardendale Subdivision.
8. The contract for the second phase of sliplining the McArlde Road
Sanitary Sewer Line be awarded to McCullough Contracting Company
of Murfreesburo, Tennessee for $2,425,350 subject to Environmental
Protection Agency approval and $2,460,000 be appropriated, including
related expenses. This trunk sewer rehabilitation includes McArdle
from Nile to Whitaker and from Holmes to, and including a portion of
Carroll Lane. Approximately 16,800 feet of 36" diameter polyethylene
liner will be inserted into the existing 42" diameter reinforced
concrete pipe. Twenty-six manholes will be rehabilitated and the
voids between the sewer pipe and the liner will be grouted to provide
stabilization. The first phase, from Prince to Holmes, was completed
in May, 1980 at a cost of $1,030,000. EPA has awarded a grant for
75% of eligible costs.
9. A $5,879 change order to the contract with the Goldston Corporation
for repair of the Breakwater and the McGee Beach Concession Area be
approved to provide for removal and disposal of two submerged boats
in the Marina. One is a 40 -foot shrimp boat and the other a 35 -foot
cruiser sunk during Hurricane Allen. Since Goldston is working in
the area and has equipment to raise the boats, the City will save
mobilization costs which would be charged if another firm were used.
Mayor Pro Tem Turner inquired if the boat owners would be charged a fee
for the removal of the submerged boats in the Marina and if so, how much, and
City Manager Townsend replied that no charge will be made to the boat owners
because the owner of one of the boats is deceased and the owner's wife does
not want the boat and the owner of the other boat is in jail somewhere in
Mexico.
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May o, 1981
Page'=s
10. A change order for $8,273.89 to the Cabaniss Acres Street
Reconstruction project be approved to widen approximately 400 feet of
Frederick Drive at Ayers Street. Further contract with the
businesses along Frederick Drive has revealed considerable heavy
truck and tractor trailer traffic on Frederick Drive. The change
order would widen Frederick Drive to commercial standards and
provide a heavier pavement section for the street.
11. The following actions be taken in connection with Airport Drainage
Ditch Lining project:
(a) A change order be authorized to R. S. Black for $17,650 for
additional material which had to be removed due to a calculation
error.
(b) The project be accepted and final payment of $59,346.89 be made
to R. S. Black for a total of $435,218.90. Approximately 2,200
linear feet of concrete channel liner was poured from Holly Road
to Gavilan Drive to reduce maintenance and health hazards in the
Los Encinos Subdivision.
Since the contractor exceeded the allotted time by six working days,
a total of $600 liquidated damages has been deducted from the final
estimate. An additional appropriation of $4,754.96 is needed. The
project is funded from the 5th Year Community Development Block
Grant.
Mayor Pro Tem Turner inquired as to who .was responsible for the error
regarding this project and what methods can be taken to assure that this does
not happen again.
Mr. James K. Lontos, Assistant City Manager, explained that the
Engineering section runs cross sections on the ditch -- the ditch had alot of
vegetation, and apparently, not enough cross sections had been run to measure
the amount of washouts and the amount of gulleys that were created in that
ditch so that the contractor had a better understanding of the quantity of dirt
that would have to be used. Mr. Lontos further explained that the contractor
had not actually started the work prior to Hurricane Allen and quite a lot of
that had occurred during the storm so that the City could not justify the
difference between the original cross section and the actual cross section.
12. An extended warranty offered by Heldenfels Brothers, Inc. on the
lift station at the corner of Williams and Daly Drives be accepted. The
warranty requested by the Texas Department of Water Resources,
guarantees construction of the Iift station for four years in addition
to the standard one-year warranty required by the contract. On
March 18, 1980, the concrete lift station liner "floated" as a result of
outside hydrostatic pressure created when relief plugs were
erroneously closed by the contractor. The structure has been
repositioned and stabilized and all voids have been grouted to the
satisfaction of the project engineering consultant and the City. The
warranty will be executed as a change order and will go into effect
upon expiration of the standard one-year warranty. This contract is
a part of the Oso Transmission System and is partially funded by the
Environmental Protection Agency.
Minutes
Regular Council Meeting
May 6, 1981
Page 6
13. 43.5 acres at the Service Center be leased to Mr. Goerge Hoelscher
for farming four and one-half (41/2) years on an annual crop share
rental basis of 1/4 of all cotton and seed and 1/3 of all grain with a
$20/acre minimum annual rental. Mr. Hoelscher has rented this
property since 1974. The City received $945.84 in 1980.
14. A grazing lease between the Lower Nueces Water Supply District and
Mr. John B. Davis, Jr. for 87 acres on the east shore of Lake
Corpus Christi be renewed for five years. The water supply contract
between the District and the City provides that leases of District
property shall be by mutual agreement between the District and the
City. The property was acquired when ; Wesley Seale Dam was
constructed and will revert to the City when the District's debt is
retired. The annual rent is $1,305.
* 15. An agreement be approved with Mr. Buddy Seeds, developer of
Retta Estates Subdivision for the City to pay $14,255.15 for one-half
the cost of the street which abuts the dedicated park. The developer
will pay the City $600 an acres for the northwest 19.453 acres (or
$11,671.80) of the subdivision as a sanitary sewer transmission and
treatment plant fee. The City will pay one-half the cost of a gravity
sanitary sewer line in Retta Drive, less estimated future payments of
$2.00/front foot or $9.731.44. Existing residences on Retta Drive will
be able to tie on to the Retta Drive line after paying the front foot
prorata charge and tap fee. An appropriation of $23,986.59 is
recommended which includes $14.255.14 for street improvements
around the park and $9,731.44 for the City's share of the Retta Drive
sanitary sewer line. The front foot charge willl increase to $5 per
foot if the property involved is not connected to the sewer within 6
months.
16. The appointment of Mr. Thomas A. Niskala to the• position of Transit
General Manager be confirmed. Mr. Niskala has BBA and MS degrees
in Urban Studies from Cleveland State University.
17. Corpus Christi Oil and Gas Company be granted a permit to drill a
well from a regular location one mile south of the ship channel and
3.5 miles southwest of Port Aransas in Corpus Christi Bay. The
State Tract 346 Well No. 1 will be drilled as a straight hole to a
depth of 9,200 ft. No exceptions to the Bay Drilling Ordinance are
requested.
18. An assignment of the Convention Center concession contract and the
execution of a landlord's waiver to the Commonwealth Bank of Houston
be approved. The bank is financing equipment for the
concessionaire, Mr. Jack T. Carden.
19. The Junior League leases for the Sidbury and Lichtenstein Houses be
renewed for 10 years, conditioned on the Junior League completing
site improvements estimated to cost approximately $76,000. The leases
provided that the City . will pay usual utility, janitorial, and
maintenance costs up to an amount approved by the City Council each
year. If the improvements are not completed, the new leases would
be for only five years. The Sidbury House lease expires on May 24,
1981. The Lichtenstein House lease expires on May 4, 1982. In
March, the City Council approved a contract with the Junior League
in which the League agreed to use its best efforts to complete $76,000
of landscaping improvements around the Gugenheim, Lichtenstein and
Sidbury houses to complement improvements to be constructed by the
City ($60,000).
City Manager Townsend explained that the applicants would like a longer
term lease; the Staff feels that ten years is about as long as it can reasonably
be connected with site improvements; and that the Staff is having a problem
under the Charter provision recognizing a landscaping improvement for much
.m tan the recommended ten years.
* Th i c .......lane .ArkArnwn by Fila fit., Manana r
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h .r Council Meeting
May 6, 1981
Page 7
Mayor Pro Tem Turner inquired of the City Manager if he knew the
reasons for the extended request and whether or not the Junior League planned
any further capital improvements to the project.
City Manager Townsend replied that the recommendation could be changed
if there were any further capital improvements planned on the project and that
he felt certain that since the Junior League has done a tremendous job in res-
toring these houses, they would like as much assurance as they can so that
some future Council will not change this.
Mayor Pro Tem Turner noted that there were several members of the
Junior League present and asked the Mayor and Members of the City Council if
they had any objection to letting them comment on their intention to provide
any further capital improvements over the ten-year period.
The Council all agreed to allow them to speak at this time.
City Manager Townsend read from a section of the City Charter involving
leases of more than 5 years.
Mrs. Herbert Morrison, President for the Junior League, addressed the
Council, stating that the Junior League felt that the money that has been spent
for the restoration project of the two houses warranted more than five years,
possibly more than a 20 -year lease; that after meeting with the City and finding
that these monies could apply to a much longer term lease, an agreement had
been drawn up for a ten-year lease but they would really prefer a longer term;
that the $76,000 is a substantial amount of money which is only for Phase I of
the landscape project; and expalined further plans to enrich the landscaping
after a certain period of time. Mrs. Morrison read from a prepared statement
and explained the amount raised, the amount used to restore the houses and
further plans for Phase II of landscaping improvements. Mrs. Morrison sum-
marized by urging the City Council to approve the ten-year lease if that is the
maximum allowed but stated that they would prefer a lease of 15 years.
Mayor Jones inquired of Mrs. Morrison if she visualized anybody else other
than the Junior League leasing these houses to anybody else, and Mrs.
Morrison responded that the Junior League cannot project what future Councils
may do and expressed the opinion that the investment and interest in that area
is certainly of benefit to the community. She further added that the Junior
League would like to be sure that the League has control of these particular
houses.
Minutes
Regular Council Meeting
May 6, 1981
Page 8
Mayor Pro Tem Turner asked Mrs. Morrison if she could provide the
Council with a total amount spent, including landscaping.
Mrs. Morrison stated that over $400,000, or closer to $500,000, including
houses and the completed landscaping, if they complete it in the manner that
they want to will be spent.
Council Member Gulley expressed his opinion, stating that there are too
few organizations that are willing to spend private money for the good of the
City instead of tax money and they should be encouraged in any way possible
and moved that the City extend the lease to 15 years.
Council Member Kennedy seconded the motion.
Council Member Kennedy asked Mrs. Morrison if they had a time frame.
Mrs. Morrison replied that the League hoped to complete Phase I within the
first five years of this new lease and then will consider the second phase. She
presented the Council with a sketch of the first and second phases of
landscaping improvements to the Lichtenstein and Gugenheim houses.
Council Member Hawkins inquired if the 15 -year lease would be in com-
pliance with the Charter.
City Manager Townsend explained that the main concern should be that the
lease be a valid lease -- one that can be defended ten years from now if it
should be challenged. Mr. Townsend further explained that the buildings are
already the City's -- the donors knew when they rehabilitated the property
they just had a five-year lease. Mr. Townsend pointed out that need for the
Council to find the investment relates reasonably to the value and length of the
franchise or lease as if nothing were there.
Mrs. Morrison then introduced Mr. Gerald Ostarch, Attorney for the
Junior League.
Mr. Ostarch commented that Mr. Townsend had been pointing out the
language in the revised Charter and that in fact, there would have to be a
finding that improvements to be made relates reasonably to the length of the
lease. Mr. Ostarch stated that in his opinion, the language is somewhat vague
in that perhaps monies already spent could be taken into account as well as
monies which will be spent in the future. Mr. Ostarch continued by stating
that five years ago, the League had asked for a longer term which was denied.
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1. .ar Council Meeting
May 6, 1981
Page 9
Mayor Jones clarified the difference between then and now is the
amendment to the Charter and Mr. Ostarch agreed.
Mr. Ostarch proceeded to say that if the Council felt that 15 years might
be reasonable, his suggestion would be to follow the format of the present lease
draft providing for a five-year term and then, providing that the league does
in fact spend its agreed portion of the approximately $76,000 for Phase I of the
landscape plan, they. would have a 10 -year option to renew instead of a 5 -year
option, as in the present draft; therefore, the lease would be predicated upon
future expenditure even though the League has done a tremendous job already?
Council Member Kennedy questioned whether or not using the phrase,
"option to be renewed" could be invalidated on a technical basis at some future
date.
City Manager Townsend suggested that the Council consider a five year
lease that becomes a longer term lease providing the tenant does certain things,
i.e., $76,000 for certain improvements.
Mr. Ostarch agreed that that would be preferable to the League.
Mayor Jones called on • the vote of the motion previously made by Council
Member Gulley and seconded by Council Member Kennedy. The motion passed
by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Turner, "abstaining", and Dumphy, "Absent".
20. The baitstand lease for Coastway be renewed for twenty years. The
baitstand is operated by Mr. Charles Rawalt and is located on state
owned land on the Kennedy Causeway. Mr. Rawalt has agreed to
construct approximately $80,000 of improvements within five years,
and to pay rent of $204 per month beginning in 1982. The rent would
be renegotiable every two years, with the City having the right to
increase the rent up to 25% at the end of each two year period. The
rent is now $102 per month. Planned improvements include
remodeling or replacing the present building, grading the parking
area, reconstructing piers and constructing 200 feet of bulkhead.
The lease includes 1.14 acres.
21. An agreement be approved with the Music Performance Trust Funds
for twelve summer band concerts in 1981 by the Corpus Christi
Musician's Association, Inc., for $542 per performance, not to exceed
$6,500.
Council Member Gulley expressed the opinion that he does not feel that
government money should be used for this type of activity.
Minutes
Regular Council Meeting
May 6, 1981
Page 10
22. The recommendations of the Marina Advisory Board be approved that
slip rental rates be increased from 4$ to 51 per square foot, a sur-
charge of $10 per month for out -of -City slip tenants who do not pay
City property taxes be established, and Charter boat slip rates be
established at two and one-half times the regular slip rental rates.
The rates would be effective June 1, 1981 except for the charter boat
rates which would be effective July 1, 1981. It is estimated that
increased slip rental fees will result in an additional $39,000 annually;
the increase in the charter boat slip fees an additional $12,420
annually and the out -of -City slip rental surcharge $8,880 annually or
a total of $60,300.
City Manager Townsend presented to the Council a list of out -of -City
residents who do not pay City property taxes who rent boat slips.
Council Member Kennedy inquired as to how the proposed slip rates
compare to those of other cities, and City Manager Townsend replied that
they were still generally low, adding that the figures presented today were last
year's figures, which were in the ordinance but were deferred because of
Hurricane Allen.
23. A settlement in the amount of $,500 be approved with Mr. Oscar
Haner for personal injuries arising from an automobile accident in
which a Gas Division vehicle rear ended Mr. Haner's car on June 12,
1979, in the 10200 block of Leopard Street. $900 has already been
paid for total loss of a 1969 Dart. Mr. Haner has received medical
and chiropractic treatments since the accident for neck, shoulder,
and lower back pain.
Council Member Kennedy inquired about the large amount of fees for
chiropractor manipulations and the obviously repeated manipulations.
City Manager Townsend explained that it is very hard to know in a case
such as this how the costs were incurred. He stated he would be happy to
arrange for the lawyers involved to discuss this settlement following the
conclusion of the Council Meeting. City Manager Townsend further stated that
he would like to point out for the benefit of the new Council Members that the
City does not have liability insurance and has not had for several years; the
City is self-insured as to liability with $1 million excess coverage.
24. The lease agreement with Temet Corporation for rent of CETA
Administration Offices be amended to release 2,198 square feet on the
second floor and rent 1,436 square feet on the fourth floor of the
Nueces Building from May 1, 1981 through September 30, 1981 for
$4,230.80. Space rented will be reduced by 762 square feet and the
rent reduced by $533.40. Temet Corporation will pay for telephone
relocation expenses and assist in moving furniture and equipment.
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Page 11
25. Industrial district letters of intent from the following companies be
noted:
(a) Coastal Iron Works, Inc. - on the north shore of the channel,
approximately 1 mile east of the Tule Lake Lift Bridge;
(b) Esc() Distributors, Inc. (Eastern Seed Co.) - south of Up River
Road between Corn Products and Southern Minerals Roads.
(c) H. S. Sizemore and Son Company - on UpRiver Road east of
Clarkwood Road.
(d) Turner Tool Joint Rebuilders Corporation - UpRiver Road just
out of Hunter Road.
These companies and over 70 others located in Corpus Christi Indus-
trial Development Area No. 1 were contacted at the end of March and
first of April after the definition of "industry" was modified, and
were requested to determine whether or not they qualified to enter
into an industrial district agreement and were interested in doing so.
April 30 was the deadline for responding to the notification by
submitting either a letter of intent or a signed industrial district
agreement. The companies understand that July 1 is the deadline for
final contract approval.
26. The following actions be taken regarding development of the Gabriel
Terrace West Oso Drainage Outfall from South Padre Island Drive to
Bear Lane:
(a) Vacate the 60 -foot wide right-of-way along the south side of Lot
8 and the north side of Lot 9, Section 5, Range VIII, Gugenheim
and Cohns Farm Lots, with the provision that a 100 -foot wide
drainage right-of-way be retained. The public hearing on the
closure was held on April 29, 1981.
(b) Amend the Master Plan for Storm Drainage for the Area South
and west of the City by changing the alignment of the drainage
channel on Plat 13 from Bear Lane to a point approximately 500
feet south of Old Brownsville Road.
(c) Authorize the purchase of 1.946 acres from James B. Sorenson
and wife, Ima Lee Sorenson in the amount of $14,600.00. This
land represents a 90 by 2,200 foot change for the West Oso
Drainage Channel.
(d) Authorize an agreement with Sitterlee Properties wherein Sitterle
will dedicate certain drainage rights-of-way and excavate
portions of the West Oso Drainage Channel, and the City will
purchase portions of drainage right-of-way at an approximate
cost of $19,208.
By the above actions, the Gabriel Terrace Drainage Outfall will be
completed and drainage improvements for existing developed areas,
such as West Oso High School and Village on the Green Subdivision,
will be available as well as drainage for new development. An appro-
priation of $14,990, including closing costs, is recommended for the
Sorenson purchase and $19,550 for the City's obligations in connection
with the Sitterle agreement.
Mayor Jones called for comments from the audience on the City Manager's
Reports.
Minutes
Regular Council Meeting
May 6, 1981
Page 12
Mr. John Stensland, Member of the Marina Board, spoke in regard to item
#22 regarding the slip rental rates at the Marina and stated that there were two
points he would like to make and that is that most of those people on the Iist
who live in Portland moved there when busing started in the local schools, so
they did live here in Corpus at one time.
City Manager Townsend stated that on item #19 of the City Manager's
Reports, the item of the lease should be changed to 15 years.
Council Member Kennedy inquired if the City Manager's Reports were
approved, if item #23 would stand the way it now reads.
City Manager Townsend stated that he would like to withhold item #23
temporarily.
Motion by Council Member Zarsky that City Manager's Reports items 1
through 26, item #15 having been withdrawn, #19 having been changed to
reflect a 15 -year lease, and #23 having been withdrawn temporarily be
approved; seconded by Turner; and passed by the following vote: Jones,
Hawkins, Kennedy and Zarsky voting, "Aye" on all of the items, Turner
abstaining on item #19, Gulley voting, "Nay" on item #21, and Dumphy,
"absent".
Mayor Jones announced the public hearing on the following preliminary
assessment roll:
Preliminary assessment roll for the Washington -Coles Area Street
Improvements, Phase II -A. The low bid on the project of $379,841.10 was
submitted by Heldenfels Brothers. The streets included in this Community
Development project are:
1. Burns from Chipito to West Broadway;
2. Ramirez from Sam Rankin to Burns and from Waco to I.H. 37;
3. Chipito Street from Sam Rankin to Burns and from North Alameda to
North Staples;
4. Waco from West Broadway to Lake
5. Lobo from Sam Rankin to North Staples;
6. Coke from Martin Luther King Drive to Xavier;
7. Frank from Sam Rankin to Nueces;
8. Carline Alley from Frank to Lobo;
9. Lake from North Alameda to North Staples;
The preliminary roll totals $89,714.92 and involves 54 parcels.
City Manager Townsend informed the Council that this is a combination
Community Development and Bond Election project; this is the second phase of
three phases to be carried out in the Washington -Coles area; that it is not a
voluntary street project; and that this was a project based upon the need for
,ir ements in a neighborhood. Mr. Townsend stated that he had previously
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1 ar Council Meeting
May 6, 1981
Page 13
pointed out that several streets in the project have some basic development
problems that might justify further changes to the design and that the purpose
of the hearing was to determine whether or not there has been some
enhancement to individual properties abutting improvements at least to the
extent of the assessment proposed. Mr. Townsend then informed the Council of
the procedure the City will follow to conduct the hearing and called on City
Attorney Bruce Aycock to proceed.
City Attorney Bruce Aycock) called as his first witness Mr. Gerald Smith
P.E., Chief Engineer, for the City of Corpus Christi. Through questioning of
Mr. Smith, he determined that Mr. Smith is a Civil Engineer employed as Chief
Engineer for the City of Corpus Christi; he obtained his degree in Civil
Engineering from the University of Texas at Austin; and that he has been
employed by the City in that capacity for approximately 11 years. He then
asked Mr. Smith to explain the project.
Chief Engineer Smith explained the project using a transparency to
illustrate the project on the screen, pointing out the streets which shall be
constructed by excavation to a width and depth to permit the laying of a
standard curb and gutter section, 6" compacted subgrade, 8" compacted caliche
base and 11" Type "D" Hot Asphaltic pavement; pointed out also that the
streets will vary from 24' to 33.9' in width and shall be constructed within the
existing right-of-way. Mr. Smith further added that there will be 4' or 5' wide
reinforced concrete sidewalks 4" thick and 6" thick reinforced concrete
driveways as shown on the plans or where requested by the owners. Mr.
Smith explained that the streets in the project will be bordered by West
Broadway and IH 37; stated that the plans and specifications were prepared in
the Office of Engineering and Physical Development; bids were solicited from
various firms; and that the proposed improvement includes general residential
street sections throughout the area. He mentioned that Carline Alley and
Parker Alley will not have any concrete work but will simply be resurfaced.
City Manager Townsend interjected by explaining that basically, it is very
difficult to go into an old area and do all kinds of rehabilitation on streets and
that the last Council had decided that it did not seem reasonable to delay the
project.
Minutes
Regular Council Meeting
May 6, 1981
Page 14
Chief Engineer Smith continued his presentation by stating that the Staff
will have a forthcoming recommendation to delete Burns Street and a portion of
Ramirez Street because there are only two structures on all of Burns Street,
and with the deletion of this street, it made sense not to build that portion of
Ramirez Street expending into Burns Street. Mr. Smith explained that the
transparency outlined in red with work concluded in the last contract eighteen
weeks ago and that the one in blue is the proposed work of Phase IIA. Mr.
Smith further stated that bids were received on March 25; Heldenfels Brothers
was the low bidder with the total contract price of $379,841.10; there were 54I
items on the assessment roll for a total price of $89,714.92; the City's portion
is $290,126.18; that the higher commercial rate is used in most parcels as
provided for in the ordinance because most of the project area is zoned as
"A-1" and/or "A-2"; and that schools and churches throughout the project were
assessed the residential rate.
Mayor Jones inquired of Mr. Smith if the deletion of Burns Street had
been included in the advertisement and Mr. Smith replied that the Staff had
included a stipulation in the advertising document that the City would reserve
the right to delete Burns Street.
Mayor Pro Tem Turner inquired if the Staff had received any comments
from residents on Chipito Street relative to the deletion of improvements on
Burns Street.
City Manager Townsend explained that the question of what is happening
here will come from several departments at the same time -- that the basic
question of Urban Development will come from Tom Utter's Office or it may come
from the Engineering Department, but there is a need to finalize this and the
Staff has had some discussion with some of the landowners, but he does not
have a report on this. Mr. Townsend stated he would provide a report on this
before the contract is awarded.
Mr. Smith summarized by stating that the contractor has been granted 150
working days on the project; and if the City decides to delete Burns Street,
the time would be reduced 15 days, making it 135 days, or 6 months, of cons-
truction time.
City Attorney Bruce Aycock stated that he had no further questions of
this witness and called as his next witness Mr. W. A. (Bill) Holly.
I
1 .ir Council Meeting
May 6, 1981
Page 15
Under questioning, Mr. Holly stated that . he is a real estate broker and
apparaiser; that he has been appraising property for 28 years; his experience
includes work for the City of Corpus Christi for the past 6 years; and that he
is thoroughly familiar with the market value and paving project for this area.
Mr. Holly testified that in his opinion, the amount of the assessments for
the abutting pieces of property is equal to the enhancement of the property
but that he found four odd -shaped lots which were listed as Items 15, 23, 24
and 25 on the assessment roll. Mr. Holly stated that because these are
triangular-shaped lots, he is recommending a reduction an these lots.
Mr. Holly described the following items with the suggestion reductions:
Item No. 15, Mrs. Frank Sparks: Lots 0 & P, Block 53B, Bluff Portion,
of which Lot P is triangular in shape: Suggested reduction of $5.44 per L.F.
for 40 L.F. (out of the 72' assessed), or a total of $217.60 with net assessment
of $750.80.
Item No. 23, Mr. A. L. King: Lot 8, Block 52, Bluff Portion. A
triangular-shaped lot at the corner of Chipito and North Staples Street.
Suggested reduction of $4.16 per L. F. for 82.40 L.F., or for a total of
$342.78 with net assessment of $515.00.
Item No. 24, Ms. Hazel King: Lot 9, Block 52, Bluff Portion. A lot
running through from Chipito Street to North Staples Street, with a portion
being sliced off by the angle of Chipito Street: Suggested reduction of $1.56
per L.F. for 71.03 L.F., or for a total reduction of $110.81 with net assessment
of $628.61.
Item No. 25, Pedro Perez Galan: Lots 2, 3, &4, Block 52, Bluff Portion.
These portions of lots are triangular in shape, and when considered together,
form a large triangle along Chipito Street, near the intersection of North
Staples. Street: Suggested Reduction of $3.70 per L.F. for 109.12 L.F., or a
total of $403.74 with net assessment of $732.20.
City Attorney Bruce Aycock informed the Council that this completed the
formal questioning for this public hearing on preliminary assessments.
Mayor Jones called for comments from the audience on this matter.
Minutes
Regular Council Meeting
May 6, 1981
Page 16
Mr. John H. Thomas, 2417 Summers, listed as Item 1A, stated that he
owns property at the corner of Burns and Broadway and objected to the
deletion of Burns Street improvements because of the aesthetic value of the
vacant lots and also expressed concern about excessive traffic in the area due
to shift changes of the refineries. Mr. Thomas inquired as to why paving is
not extended from Burns to Nueces. Mr. Thomas further stated that he is
very appreciative of what has been done because he feels this phase is going to
help immensely but that he does not want to see anything deleted from thg
project.
Mayor Jones then called for anyone else in the audience who wished to
speak in regard to the assessments.
There was no response.
Mr. Smith informed the Council that the Staff does agree with Mr. Hollis'
recommendations on the adjustments to the assessment roll.
Motion by Zarsky that the hearing be closed, seconded by Turner and
passed unanimously.
Motion by Zarsky that the Council approve the preliminary assessment roll,
seconded by Hawkins and passed unanimously.
*********
Mayor Jones announced the scheduled public hearings on zoning
applications.
City Manager Townsend announced the public hearing on Application No.
1180-6, Ms. Josephine P. Casares, for a change of zoning from "A-1"
Apartment House District to "B-1" Neighborhood Business District on Lot 1,
Block 4, South End Addition located on the southwest corner of Park Avenue
and Sixth Street. City Manager Townsend informed the Council that both the
Planning Commission and the Planning Staff recommend denial and that in
response to the notices of public hearing, one in favor and three in opposition
had been returned.
Chief Planner Larry Wenger located the area on the zoning and land use
map, described the land use in the surrounding area and explained that the
subject property is presently occupied with two duplex units; the applicant
proposes to operate a small business in the front portion of the residence and
reside in the remainder; and that this lot is in an area that is proposed to be
M ;
• R Council Meeting
May o, 1981
Page 17
changed to "A-2" Apartment House District within the Courthouse/Spohn
Hospital Study Area, noting that the basic concept within the plan has been to
provide zoning which would define a logical development pattern for this area,
and rezoning of this property to "B-1" Neighborhood Business District would be
inconsistent with the proposed redevelopment plan.
Mayor Jones invited the applicant to speak but it was ascertained that
neither the applicant nor a representative was present.
Motion by Gulley that the hearing be closed, seconded by Turner and
passed unanimously.
Motion by Gulley that the Council concur with the recommendation of the
Planning Commission and deny the request for "B-1" zoning; seconded by
Turner; and passed unanimously.
**********
City Manager Townsend announced the public hearing on Application No.
281-3, Mr. David E. May, for a change of zoning from "T -1C" Mobile Home
Subdivision District to "A-1" Apartment House District on Lots 21 and 22,
Section 47, Flour Bluff and Encinal Farm and Garden Tracts, located north of
Matlock STreet approximately 175' west of Military Drive. He stated that both
the Planning Commission and the Planning Staff recommend denial and that in
response to the notices of public hearing, 1 in opposition and 4 in favor had
been returned. Mr. Townsend reminded the Council that a 5-2 vote would be
required to overrule the Planning Commission's recommendation.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, showed slides, and stated that
the Staff's recommendation was based on the fact that a portion of this property
is affected by the accident potential zone and the noise zone of the Naval Air
Station. Mr. Wenger further stated that it was the Staff's opinion that this is
not an appropriate location for multi -family dwellings , as it is not compatible
with the surrounding land use such as the Naval Air Station and the
single-family uses.
Mayor Jones invited the applicant to speak.
Mr. David E. May, applicant, presented the Council with pictures of the
area involved, a site plan, and some information stating that this particular
property is presently zoned "T-1"; drainage did not present a problem since
the property is an average of 17' above mean high tide for good flood pro-
Minutes
Regular Council Meeting
May 6, 1981
Page 18
tection; and has a ditch on Jester Street running directly to Laguna Madre,
also storm sewer is available on Matlock Street draining to the Oso; there are
numerous street accesses and traffic will not be congested; utilities are
available, with a storm sewer at Matlock, sanitary sewer at Matlock & Jester,
water and gas at Matlock & Jester; and that subject property is not in the
crash zone nor under runway extension since 20 acres at end of runway were
changed from "T-1" to "I-2" zoning and is now occupied by storage barns, and
noise factor would be less in apartments than in a travel trailer park. Mr. May
elucidated by stating that there is presently an apartment shortage and this
size development would allow amenities such as swimming pools, tennis courts,
laundries, saunas, clubrooms, and other activities not usually available to
single-family dwelling districts. Mr. May contends that as long as large tracts
in our City remain undeveloped, it will be cost efficient for the City to allow
development where streets and utilities already exist and that constantly
extending development outwards creates a higher expense to the City for each
dwelling placed on the City tax rolls, whereas a development served by existing
streets and utility lines adds greatly to the tax rolls with little expense to the
City. Mr. May further expressed the opinion that it would be better for the
City of Corpus Christi and for NAS if this property is developed as an
apartment development rather than a K.O.A. travel trailer park as this would
add about 24 million dollars to the tax base for Corpus Christi and Flour Bluff
ISD helping to avoid tax increases for everyone.
Mayor Luther Jones inquired of Mr. May if he presently owned any
apartment units and asked also how many apartments would be initially
constructed on said property.
Mr. May replied that he presently has 150 units in various areas and that
initially, he plans to construct 212 units if he is allowed financing.
Council Member Hawkins inquired of Mr. May if the apartments he plans to
build will comply with the AICUZ Study.
Mr. May replied that the AICUZ Study is not a law nor an ordinance of
the City of Corpus Christi-- that it has no legal standing in any case but that
he certainly would do everything possible to satisfy the market.
N
R r Council Meeting
May 6, 1981
Page 19
Mayor Pro Tem Turner commented that the Council is concerned with the
Navy's AICUZ Study and inquired of Chief Planner Wenger if Mr. May would
meet the AICUZ Study restrictions if he were to place some noise diminishing
type of material in the apartments.
Chief Planner Wenger replied that it would meet the terms of the 1980
AICUZ Report.
Council Member Zarsky commented that this appears to be a very desirable
location for residential development in that area.
Council Member Gulley expressed his opinion by stating that multi -family
houses in an area that might have airplanes flying over it would be more
desirable than single-family dwelling, because residents , could move if they
found the noise to be objectionable.
Mayor Jones called for members of the audience who wished to speak in
opposition.
Commander J. H. Kelly, USN, spoke at this time, stating that the Navy is
in opposition to apartment houses for this area based on two reasons: (1) 13A
Runway is their predominant runway; however Runways 13 and 35 are used for
jet runways and are in the noise zone; and (2) Pilot training is conducted over
that area. Commander Kelly stated he felt that in the NAS' operation, the
proposed project would have an adverse effect and expressed his opposition to
this request.
Mayor Jones inquired of Mr. May if there was an alternative for this
vacant space.
City Manager Townsend interjected that this property was all in the noise
zone so there was really no question about the substantial impact on the base.
He stated that the applicant has had the authority to construct a single-family
subdivision or mobile homes; that at the time "T-1" zoning was granted, Mr.
May had an approved plat which was a residential plat -- that plat was never
developed and has expired now; and that Mr. May could bring forth a new plat
to the Planning Commission and it would be up to the Planning Commission to
approve the new plat for that property and change its identity -- that it is all
in the platting process.
There were no further comments in regard to this matter.
Minutes
Regular Council Meeting
May 6, 1981
Page 20
Motion by Turner that the hearing be closed, seconded by Zarsky and
passed unanimously.
Motion by Hawkins that the Council concur with the Planning Commission's
recommendation to deny the requested "A-1" zoning; seconded by Kennedy; and
passed by the following vote: Jones, Turner, Kennedy and Hawkins voting,
"Aye"; Gulley and Zarsky voting, "Nay"; and Dumphy, "absent".
*********
City Manager Townsend announced the public hearing on Application No i
381-7, Mr. Gene Branscome, for a change of zoning from "I-3" Heavy Industrial
District to "A-2" Apartment House District on Tract A, and "B-4" General
Business District on Tract B; Tract A consisting of a 17.69 acres out of Lot 7
and Tract B, 4.0± acres out of Lot 8, Section 4, Flour Bluff and Encinal Farm
and Garden Tracts, both tracts located on the southwest corner of Holly Road
and South Staples Street. He stated that both the Planning Commission and the
Planning Staff recommend approval and that of the notices of public hearing
mailed, five in favor and one in opposition had been returned.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
Mayor Jones ascertained that no one in the audience wished to speak on
this application.
Motion by Kennedy that the hearing be closed, seconded by Zarsky, and
passed unanimously.
Motion by Kennedy that the Council concur with the recommendation of the
Planning Commission and approve the requested zoning on Application No.
381-7; seconded by Zarsky; and passed unanimously by those present and
voting.
*********
City Manager Townsend announced the public hearing on Application No.
381-2, Mr. Guy Morrow, for a change of zoning from "R -1B" One -family
Dwelling District -to "B-1" Neighborhood Business District on Lot 6, Block 8,
Koolside Addition, located on the west side of Airline Road, approximately 137'
*south of the intersection of Airline Road and Lum Street.
D s
1 ,r Council Meeting
May d, 1981
Page 21
City Manager Townsend stated that the Planning Commission's
recommendation is for denial but in lieu thereof that a special permit be granted
for an art gallery allowing the sale of the products on the premises, meeting all
the ordinance requirements for the "B-1" Neighborhood Business District and in
compliance with an acceptable site plan indicating all the signage on the face of
the building. He noted that of the notices of public hearing, three in
opposition had been returned.
City Manager Townsned reminded the Council that because of the
opposition that has been reported, the 20% rule is in effect and six affirmative
votes would be required to pass the ordinance.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, showed slides of the area and
pointed out that the Planning Commission had not approved the "free standing"
sign.
Mayor Jones called on the applicant to speak.
Mr. Guy Morrow addressed the Council stating that he and Mr. Feudo of
Feudo's Food *2, who objects to this request, are good friends but that Mr.
Feudo is probably concerned about parking because of the parking situation
with the Black Diamond Restaurant next door to Mr. Feudo's business. Mr.
Morrow stated that he would like to have the zoning changed to "B-1" in order
to operate an art gallery to include the sale of paintings and the teaching of
art; that in his opinion, there is adequate space for off-street parking to the
front and side of the lot; and that "B-1" zoning would allow him a 3' x 5'
free-standing sign.
No one else spoke in regard to this zoning application.
Motion by Zarsky that the hearing be closed, seconded by Hawkins, and
passed unanimously.
Motion by Gulley to grant "B-1" zoning on Application No. 381-2, seconded
by Kennedy.
Council Member Hawkins expressed his opinion stating that he is in favor
of supporting the Planning Commission's recommendation for denial of the
request for "B-1" zoning but would support a special permit.
Mayor Jones stated that he would also support the Planning Commission's
recommendation.
Minutes
Regular Council Meeting
May 6, 1981
Page 22
Mayor Jones then called for the vote on the motion made previously by
Council Member Gulley and the motion failed to pass as follows: Turner,
Gulley, Kennedy and Zarsky voting, "Aye"; Jones and Hawkins, "Nay"; and
Dumphy, "absent".
City Manager Townsend stated that since the 20% rule is in effect and six
affirmative votes will be required to pass the ordinance, the Council may wish
to reconsider their decision on this zoning request.
Motion by Gulley that the Council reconsider the decision on the zoning
request, seconded by Turner, and passed unanimously.
Motion by Turner that the Council concur with the Planning Commission's
recommendation that Application No. 381-2 be .denied but in lieu thereof a
special permit be granted; seconded by Zarsky; and passed by those present
and voting.
*********
City Manager Townsend announced the public hearing on Application No.
381-9, Tucker Properties, for a change of zoning from "I-2" Light Industrial
District to "A-2" Apartment House District on Tract A and "R-2" Multiple
Dwelling District on Tract B and "R -1B" One -family Dwelling District to "R-2"
Multiple Dwelling District on Tract C, Tract A being 20± acres out of Lot 6,
Section 8; Tract B being 56.67± acres out of Lot 6, Section 8; and Tract C
being 37.60± acres out of Lot 2, Section 8, all tracts out of Bohemian Colony
Land, located between Ayers Street (Chapman Ranch Road) and Kostoryz Road
north of Saratoga Bouelvard.
City Manager Townsend stated that the Planning Commission's
recommendation' is for denial, and in lieu thereof that "FR" Farm -Rural District
be approved for a 50' x 100' triangle out of the southwest corner of Tract A,
and "A-1" Apartment House District on the remaining portion of Tract A;
approval of "A-1" Apartment House District on the west one-third of Tract B,
and approval of "R-2" Multiple Dwelling District on the remaining east
two-thirds of Tract B. He further added that of the notices of public hearing,
six in favor had been returned.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
s
1 .r Council Meeting
May d, 1981
Page 23
City Manager Townsend pointed out that the Sewer Master Plan situation is
invovled and informed the Council that the Staff was aware of the fact that the
applicant intends to submit a further request to change the master plan on this
tract of land.
Mayor Jones inquired that if the request is submitted would it be at the
applicant's expenses or would it involve some expense to the City.
City Manager Townsend replied that the applicant will request that a
change be made on the sewer master plan which will substantially reduce th
costs of sewer service on this tract of land, adding that he did not have
recommendation yet but that he has seen several different alternatives. He
urged very strongly that the City needs to protect each individual tract of land
in this area; that the Staff intends to present this issue during a weekend
workshop; and that the biggest problem regarding this property is on the
corner at the end of the runway at the intersection of Ayers and Saratoga.
Mayor Jones asked for clarification on "R-2" and "R -1B", and Chief
Planner Wenger replied that "R-2" is for 14 units and "R -1B" is for seven units
only.
Mayor Jones ascertained that neither the applicant nor a representative
was present to speak on this application.
Mayor Jones then called for the opposition to speak at this time.
Lt. Commander Jordan Kelly, USN, stated that the AICUZ Study was not
intended to supersede the FAA and Department of Transportations' instructions
and regulations concerning airports. He then read an excerpt from the
Department of Transportation's Instructions 7400.2B, "Procedures for Handling
Airspace", pointing out that the proposed zoning would have an adverse effect
upon air navigation if it is located within two statute miles of an airport
reference point and would penetrate a plane 300' beneath any established
airport traffic pattern for the airport unless traffic pattern affected can be
adjusted altitude range to directional change which is perhaps a possibility;
Tract A is located approximately 2,200' to 3,000' from the end of the runway;
the aircraft altitude at this time is approximately 300' and it cross traverses
Area "A" which would indicate nothing below this area; on Tract B, the aircraft
traverses at the northern tip of it but the altitude 500' descending; and that
for this judgement, the Navy is in opposition to Tract A.
Minutes
Regular Council Meeting
May 6, 1981
Page 24
Mayor Jones inquired of Lt. Commander Kelly if the Navy would have any
objections to "FR" for Tract A and Lt. Commander Kelly replied that "FR" for
the whole area would be satisfactory to the Navy since the traffic pattern is
right down the middle of it.
City Manager Townsend stated that he would like to make several comments
on the application and stated that the owners knew full well exactly the status
of Cabaniss Field and the various needs of that field; the Staff assured
previous City Councils that the l owners had assured the Staff that they wares
fully aware that if they were allowed to get the sewer master plan changed to
include that 40 acres they knew they could not put residences in the balance of
the tract; the Council certainly should not feel that there is anybody involved
in this transaction who was not fully aware of exactly what the City's position
was, and in fact, made assurances regarding that 40 acres at Crestmont. Mr.
Townsend further stated that the Staff would withdraw the recommendation as
far as that tract is concered; that the Staff was not aware of what was being
presented; and that there is a bill before the Legislature to authorize that kind
of zoning.
Council Member Zarsky expressed concern in that this matter is going to
create some problems because a lot of people who own property there plan to
develop but now they find there are some other problems involvdd.
Lt. Commander Kelly reiterated that the AICUZ Study did not supersede
the FAA and the Department of Transportation's regulations.
Mayor Jones called for any further comments from the audience.
Motion by Turner that the hearing be closed, seconded by Zarsky.
City Manager Townsend suggested that the hearing not be closed because
the applicant was not present for comments.
Motion by Zarsky that the application be tabled because the City has a
problem that was not known at the prior hearing before the Planning
Commission and that this application be sent back for consideration because new
information has been obtained and it has been the policy in the past that the
Council not vote on issues where new information has been brought forward.
Council Member Gulley stated that, in his opinion, there is no difference if
the Staff has new information or the applicant has new information.
,M
R r Council Meeting
May o, 1981
Page 25
Mayor Jones called for discussion on the motion.
City Secretary Read informed the Council that there was a motion on the
floor to close the hearing that has not been voted on and a motion to table
would be in order but now a motion has been made to send it back to the
Planning Commission.
Council Member Zasky stated that he would withdraw his motion to table.
City Secretary Read again pointed out there was a motion on the floor
previously made by Council Member Turner to close the hearing which had been
seconded by Council Member Zarsky but had not' been voted on and asked thaf
if the Council prefer not to close the hearing and that the application just be
referred to the Planning Commission.
Mayor Pro Tem Turner then withdrew her motion to close the hearing and
Council Member Zarsky withdrew his second.
City Secretary Read then stated that the proper motion would now be to
send it back to the Planning Commission for consideration of additional
information.
City Manager Townsend suggested that the Council act on Tract "C" which
was for approval of "R-2" in accordance with the preliminary plat, and Mayor
Jones agreed since the applicant may have some money invested at this time.
Council Member Zarsky resubmitted his motion to send the application back
to the Planning Commission except for that portion on Tract "C" and to approve
"R-2" zoning on Tract C.
The motion was seconded by Mayor Pro Tem Turner.
City Secretary Read then suggested that the hearing be closed for the
portion on Tract "C" because Council cannot act on a change until the hearing
is closed on that portion of land.
Council Member Zarsky then made a motion to approve "R-2" zoning on
Tract "C" according to the preliminary plat, close the hearing on Tract "C" and
refer the other two tracts to the Planning Commission for reconsideration in
view of the additional information provided by the Navy; seconded by
Kennedy; and passed by those present and voting.
Minutes
Regular Council Meeting
May 6, 1981
Page 26
**********
City Manager Townsend announced the public hearing on Application No.
C381-13, City of Corpus Christi, for a change of zoning from "A-1" Apartment
House District to "R -1B" Onefamily Dwelling District on all of Block 66, Lots 1
through 6, Block 68 and Lots 6 through 10, Block 69, Bluff Portion located on
both sides of Ramirez Street, between Waco and Cabra Streets and east of
Cabra Street between Lake and Winnebago Streets.
City Manager Townsend informed the Council that this is the result frons
�I
the decision of four or five property owners in connection with an assessment
hearing who are asking that their single-family houses not be assessed the
commercial rate on Winnebago, Lake and Ramirez Streets; the Planning Staff
' brought the application out to include the two blocks; a hearing was held by
the Planning Commission; the Planning Commission is recommending that this
application be denied; and noted that of the notices of public hearing, two in
opposition and one, with no specification as to whether he is in favor or
against, had been returned.
City Manager Townsend proceeded to say that this is a rather different
situation, adding that on many of these neighborhood improvement projects, the
assessment rates for apartments was much higher than assessment rates for
residences; explained that when the City went into zoning heavily, any area
that had some garage apartments, small houses, and small Lots were just called
"slum zones" and were zoned "A-1" or "A-2" for the whole area; and that in
the middle 60's, the City tried to address these neighborhoods one by one and
then tried to protect the residential neighborhood and help establish the
housing in those neighborhoods, replace streets and put in new utilities to
reestablish the residential neighborhood. ' Mr. Townsend further added this has
not yet been done in this neighborhood which is now blanketed "A-1" zoning.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area; and showed slides of the area.
Mayor Pro Tem Turner inquired if it would be possible to exempt the four
objections and rezone the rest of the area and City Manager Townsend replied
that it could be possible to omit those who object to the zoning change.
City Manager Townsend informed the Council that this is an area that the
City is trying to redevelop and CDC is moving houses onto one or two of these
vP -'t lots.
•„
r s
1' Ar Council Meeting
May 6, 1981
Page 27
Mayor Jones then called for comments from the audience.
Mr. John Thomas, 2417 Summers Street, expressed opposition to the zoning
because he questioned the reason for the "R -1B". Mr. Thomas stated that a
number of people have moved from the area and the lots are owned by a very
few people.
Council Member Gulley expressed the opinion that it is not right to change
the zoning if the man does not want his zoning changed and that this should be
done only for those who want their property rezoned.
City Manager Townsend explained that he would like to clarify the poin
that if there is an adjustment to be made because of the zoning change, it
would apply to the whole area. He then mentioned the names of the four people
who had signed up at the public hearing on February 21, 1979 requesting that
the zoning change be initiated and verified that of the four owners of
single-family lots or structures in that area, three were non residents and
only one resident.
Mayor Jones stated that he concurred with Council Member Gulley's opinion
that if the property owner does not want to have his property rezoned it
should remain as it is. Mayor Jones then asked City Manager Townsend what
the difference on the assessment would be.
City Manager Townsend replied that it was $9.00 a foot on a 50' lot for a
total of $450 plus $50.00 for sidewalk.
Motion by Gulley that the hearing be closed, seconded by Turner, and
passed unanimously.
+ Motion by Gulley that the zoning on Application No. C381-13 be approved
for those property owners who want the zoning change and denied on all
others; seconded by Turner; and passed unanimously by those present and
voting.
**********
City Manager Townsend announced the public hearing on Application No.
381-14, Mr. W. R. Hubler, Sr., for a change of zoning from "R -1B" One -family
Dwelling District to "A-2" Apartment House District on a 16.30± acre tract of
land out of lot 1, Section 30, and part of Lot 1, Section 31, Flour Bluff and
Encinal Farm and Garden Tracts located on the north side of South Padre
Island Drive, approximately 750' west of Paul Jones Avenue.
Minutes
Regular Council Meeting
May 6, 1981
Page 28
City Manager Townsend stated that the Planning Commission is
recommending approval and that in response to the notices of the public
hearing, none had been returned.
Mayor Jones inquired if anyone in the audience desired to speak on this
application and there was no response.
Motion by Turner that the hearing be closed, seconded by Gulley, and
passed unanimously.
Motion by Turner that the, Council concur with the recommendation of till
Planning Commission to approve Application No. 381-14, seconded by Zarsky,
and passed unanimously by those present and voting.
*********
Mayor Jones called for the ordinances.
City Manager Townsend briefly explained the ordinances on the agenda and
withdrew the ordinance pertaining to the agreement with Buddy Seeds,
Developer of Retta Estates Subdivision.
Mayor Jones called for comments from the audience on the ordinances and
there was no response.
City Secretary Read polled the Council for their votes and the following
ordinances were passed:
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR
FARMING PURPOSES WITH Mr. GEORGE HOELSCHER FOR A TERM OF FOUR
AND ONE-HALF (4-1/2) YEARS AT A SHARE RENTAL OF ONE-FOURTH (1/4)
OF ALL COTTON AND SEED AND ONE-THIRD (1/3) OF THE GRAIN CROPS
WITH A MINIMUM ANNUAL GUARANTEE OF $20 PER ACRE, ALL AS MORE
FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting, "Aye"; Dumphy, "absent".
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH
THE JUNIOR LEAGUE OF CORPUS CHRISTI, INC., FOR THE LEASING OF THE
PREMISES OF THE LICHTENSTEIN HOUSE, FOR A TERM OF FIFTEEN YEARS,
ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye"; Turner, "abstaining"; Dumphy, "absent".
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May 6, 1981
Page 29
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH
THE JUNIOR LEAGUE OF CORPUS CHRITI, INC., FOR THE LEASING OF THE
PREMISES OF THE SIDBURY HOUSE, FOR A TERM OF FIFTEEN YEARS, ALL
AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A".
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye"; Turner, 'abstaining"; Dumphy, "absent".
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976
REVISION, AS AMENDED, BY AMENDING ARTICLE II, MARINA, SECTION
12-61, "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE
SCHEDULE AND REGULATIONS"; INCREASING SLIPS RATES TO FIVE CENTS
(5/) PER SQUARE FOOT PER MONTH, ESTABLISHING A RATE FOR CHARTER
BOATS 2-1/2 TIMES THE STANDARD RATE, AND ADDING AN ADDITIONAL
CHARGE OF TEN DOLLARS ($10) PER MONTH ON SLIPS CONTAINING OUT OF
CITY RESIDENCE SLIP TENANTS SPECIFICALLY AMENDING ORDINANCE NO.
13889, SECTION 1, PARAGRAPH (2), (a) THROUGH (e) AND (g), PASSED AND
APPROVED BY THE CITY COUNCIL ON AUGUST 17, 1976; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting, "Aye"; Dumphy, "absent".
SECOND READING:
TERMINATING CORPUS CHRISTI BANK & TRUST COMPANY'S LEASEHOLD
RIGHTS AND INTERESTS WHICH IT PRESENTLY HOLDS IN THE NEWS STAND
AND GIFT CONCESSION AREA OF THE CORPUS CHRISTI INTERNATIONAL
AIRPORT TERMINAL PRESENTLY OCCUPIED BY ISLAND ENTERPRISES, INC.;
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH
ISLAND ENTERPRISES, INC. FOR THE RELOCATION AND OPERATION OF THE
GIFT AND NEWS STAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A"; AND EXTENDING THE EXPIRATION OF THE
CONCESSION AGREEMENT UNTIL FEBRUARY 27, 1989.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Tuner, Gulley, Hawkins, and Kennedy
voting, "Aye"; Zarsky voting, "Nay"; and Dumphy, "absent".
SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH THE PADRE LITTLE LEAGUE -SENIOR LEAGUE FOR THE
PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA IN
SOUTH GUTH PARK FOR A TERM OF FIVE YEARS, ALL AS MORE FULLY SET
FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
(First Reading - 4/29/81).
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting, "Aye"; Dumphy, "absent".
THIRD READING - 16218:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI AND FIDELITY AND CASUALTY
COMPANY OF NEW YORK COVERING THE LEASE OF SPACE AT THE CORPUS
Minutes
Regular Council Meeting
May 6, 1981
Page 30
CHRISTI INTERNATIONAL AIRPORT FOR THEIR SALE OF ANNUAL AND
SHORT-TERM TRAVEL AND COLLATERAL INSURANCE POLICIES FOR A TERM
OF THREE YEARS, BEGINNING JANUARY 1, 1981, ALL AS MORE FULLY SET
FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
(First Reading - 4/15/81; Second Reading - 4/29/81).
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy, and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16219:
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 IN
THE AMOUNT OF $17,650 TO THE CONTRACT WITH R. S. BLACK FOR
COSNTRUCTION OF THE AIRPORT DRAINAGE DITCH WHICH PROVIDES FOR
ADDITIONAL FILL MATERIAL ON THE PROJECT, APPROPRIATING $4,754.96
OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, ACITIVITY NO. 4744,
CODE 502 TO SUPPLEMENT PREVIOUSLY APPROPRIATED FUNDS: AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16220:
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO
THE CONTRACT WITH W. T. YOUNG CONSTRUCTION COMPANY FOR THE
CONSTRUCTION AT THE CABANISS ACRES AREA STREET & DRAINAGE
IMPROVEMENTS WHICH PROVIDES FOR THE WIDENING OF FREDERICK DRIVE
AT AYERS STREET; APPROPRIATING $8,273.89 OUT OF THE NO. 220 STREET
BOND FUND FOR THE CHANGE ORDER APPLICABLE TO PROJECT NO.
220-77-2.13, CABANISS ACRES STREET IMPROVEMENTS; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16221:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
McCULLOUGH CONTRACTING COMPANY OF MURFREESBORO, TENNESSEE, FOR
THE McARDLE ROAD SANITARY SEWER TRUNK MAIN SLIPLINING PROJECT,
PHASE 2, SUBJECT TO APPROVAL FROM THE ENVIRONMENTAL PROTECTION
AGENCY AND THE TEXAS DEPARTMENT OF WATER RESOURCES;
APPROPRIATING $2,460,000 OUT OF THE NO. 250 SANITARY SEWER BOND
FUND OF WHICH $2,425,350 IS FOR THE CONSTRUCTION CONTRACT AND
$34,650 IS FOR INCIDENTAL AND RELATED EXPENSES INCLUDING LEGAL
ADVERTISING AND LABORATORY TESTING APPLICABLE TO PROJECT NO.
250-77-7.1, McARDLE ROAD MAIN LINING, PHASE 2; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16222:
AUTHORIZING THE CITY MANAGER TO APPROVE A LEASE BETWEEN JOHN B.
DAVIS, JR., LESSEE, AND LOWER NUECES RIVER WATER SUPPLY DISTRICT,
LESSOR, PERTAINING TO THE LEASE OF CERTAIN LANDS WITH THE LOWER
NUECES RIVER WATER SUPPLY DISTRICT, BEING APPROXIMATELY 87 ACRES
AND MORE FULLY DESCRIBED IN SAID LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL
PURPOSES AND MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
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May 6, 1981
Page 31
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye", Dumphy, "absent".
ORDINANCE NO. 16223:
CONFIRMING THE APPOINTMENT OF MR. THOMAS A. NISKALA TO THE
POSITION OF TRANSIT GENERAL MANAGER, GRADE 35, AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16224:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THfi
MUSIC PERFORMANCE TRUST FUNDS FOR TWELVE (12) SUMMER CONCERTS IN
1981, WHICH WILL BE PLAYED BY THE CORPUS CHRISTI MUSICIAN'S
ASSOCIATION, INC., LOCAL NO. 644, AT A COMPENSATION OF $542 PER
PERFORMANCE, NOT TO EXCEED $6,500 TOTAL, FOR THE PURPOSE OF
PROVIDING THE CITIZENS OF CORPUS CHRISTI WITH MUSICAL
PERFORMANCES FOR THEIR BENEFIT AND ENJOYMENT, A SUBSTANTIAL
COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy, and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16225:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED LEASE AGREE-
MENT WITH THE TEMET CORPORATION FOR THE CITY'S CETA/EEOP
ADMINISTRATION OFFICES, REDUCING THE RENTAL AREA BY 762 SQUARE
FEET BY OCCUPYING 1436 SQUARE FEET ON THE FOURTH FLOOR OF THE
NUECES BUILDING, EFFECTIVE MAY 6, 1981, ALL AS MORE FULLY SET
FORTH IN THE LEASE AGREEMENT ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16226:
ABANDONING AND CLOSING A 20 -FOOT WIDE, 150 -FOOT LONG ALLEY IN
BLOCK 60, BLUFF PORTION AS RECORDED IN VOLUME 133, PAGE 162, DEED
RECORDS, NUECES COUNTY, TEXAS, BEING ALONG THE REAR OF LOTS 4,
5, 6, 7, 8, AND 9; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16227:
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY
FOR THE ACQUISITION OF DRAINAGE RIGHT-OF-WAY IN CONNECTION WITH
AGREEMENT BETWEEN THE CITY AND SITTERLEE PROPERTIES AS IT
PERTAINS TO THE GABRIEL TERRACE -WEST OSO DRAINAGE OUTFALL
PROJECT; APPROPRIATING OUT OF THE 295 STORM SEWER BOND FUND,
PROJECT 295-72-2, THE SUM OF $19,550 OF WHICH $19,208 IS FOR ACQUIS-
ITION AND $342 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; AND
DECLARING AN EMERGENCY.
Minutes
,Regular Council Meeting
May 6, 1981
Page 32
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy, and Zarsky voting
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16228:
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY
FOR THE ACQUISITION OF A 1.946 ACRE TRACT OF LAND IN CONNECTION
WITH THE GABRIEL TERRACE DRAINAGE OUTFALL PROJECT;
APPROPRIATING OUT OF THE 295 STORM SEWER BOND FUND, PROJECT
295-77-2, THE SUM OF $14,900 OF WHICH $14,600 IS FOR ACQUISITION AND
$300 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16229:
CLOSING AND ABANDONING A 60 -FOOT WIDE STREET RIGHT-OF-WAY KNOWN
AS ROCKFORD DRIVE, FROM OLD BROWNSVILLE ROAD TO CLIFF MAUS
DRIVE, RETAINING A PORTION AS DRAINAGE RIGHT-OF-WAY, DESCRIBED
BELOW AS PARCEL #1, AND PROVIDING THAT THE REMAINING PORTION;
MORE FULLY DESCRIBED BELOW AS PARCELS 8A, 8B, 9, 18, 19, AND SHOWN
ON ATTACHED EXHIBIT; REVERT TO ADJACENT PROPERTY OWNERS, AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy, and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16230:
AMENDING THE STORM SEWER MASTER PLAN FOR THE AREA SOUTH AND
WEST OF THE CITY BY CHANGING THE ALIGNMENT OF THE DRAINAGE
CHANNEL ON PLAT 13 FROM BEAR LANE TO A POINT APPROXIMATELY 500
FEET SOUTH OF OLD BROWNSVILLE ROAD; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
ORDINANCE NO. 16231:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
SITTERLE PROPERTIES WHEREIN SITTERLE WILL DEDICATE CERTAIN
DRAINAGE RIGHTS OF WAY AND EXCAVATE PORTIONS OF THE WEST OSO
DRAINAGE CHANNEL, AND THE CITY WILL PURCHASE PORTIONS OF
DRAINAGE RIGHT OF WAY AT AN APPROXIMATELY COST OF $19,208, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Dumphy, "absent".
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
:s
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May 6, 1981
Page 33
City Manager Townsend presented to the Council copies of a letter from
the City Manager of the City of Port Aransas extending an invitation to dinner
during any free evening on the weekend of this Council's Workshop session in
their city and suggested that he be given the authority to try to arrange to
have both Councils meet for dinner and not necessarily tie it in with their
Workshop. The Council agreed to this.
Eric Samuelson, Attorney from Austin, complimented the Council on the
way the proceedings have been conducted and he was particularly impressed
with Mr. Townsend, who has had vast experience with City government. He
stated he was appearing to present some information which he considered to be
a matter of public information, which was for their study, and that would
provide answers concerning some problems. He stated that proceeds from the
City's Water Fund for a six-year total is in excess of $20 million. Mr.
Samuelson also stated that he had visited Harry Hoag and his impression is that
the analysis that was submitted to the Council is a result of 100 hours of
research and preparation; added that Mr. Hoad had told him that the
information was made publicly available in the past and no action was taken;
that Mr. Hoag alledged it was an illegal activity, and when he asked for
answers and explanations, he was not able to find out where all of these excess
revenues were placed. Mr. Samuelson then asked the Council to read the
figures and analyze the documents so that Mr. Hoag's efforts and work would
not be in vain. He also stated that Mr. Bruce Aycock, City Attorney, had
been very cooperative with him on this matter and would be willing to meet with
him at anytime to explain the City's position.
Council Member Zarsky stated that he appreciated the remarks and
inquired of Mr. Samuelson if he had read the study by the Texas Research
League, a copy which could be provided.
Mr. Samuelson replied that the Texas Research League is not concerned
about the taxpayers.
Council Member Kennedy stated that he did not understand the point Mr.
Samuelson was trying to make.
Minutes
Regular Council Meeting
May 6, 1981
Page 34
Mr. Samuelson stated that it was his opinion that at the time Mrs. Rita
Clements was in town, she mentioned that certain functions should not be
handled by the government and that private enterprise can be more efficient
than public utilities He expressed concern about having these utilities
controlled by the Council and indicated it might be in violation of the City
Charter.
Mr. Townsend stated that Mr. Hoag feels the City should not charge
administrative costs against the utility fund and should not charge a payment
lieu of taxes for the franchises against the water and gas system. He also
stated that as far as he was concerned, there is no question about the legality
of it.
Council Member Gulley stated that he always objected to the idea of
charging more money and calling it in lieu of property tax but that he does not
question the legality of the payments.
Ms. Margot Sierra, 3323 Ocean Drive, addressed the Council inquiring
what the possibility might be for the City to allow the citizens of Corpus
Christi to read their own utility meters and suggested the City Council
introduce an ordinance to this effect.
Mr. David Saenz, 1433 17th Street, appeared with four requests: (1)
that the Police Chief Bill Banner be allowed to run his department free of any
interference or investigations from this Council; (2) that Mr. Townsend's salary
be raised to between $4,000 - $5,000 annually over that of his highest paid
assistant (3) that if there are any plans of putting the election of this Council
by "single member district" on the City Charter, that it be abandoned because
if the citizens of this City couldn't vote for two Mexican Americans for the
Council they are not going to vote for a change in the City Charter to probably
have three and it will be a waste of taxpayers time and money even though he
favored it: (4) that all the industries that are hooked up to our sanitary sewer
systems be cut off.
City Manager Townsend next presented the Council with copies of a list of
pending legislation developments.
*********
There being no further business to come before the Council, on motion by
Gulley, seconded by Zarsky, and passed unanimously, the Regular Council
M(- "'*tg was adjourned at 6:52 p.m., May 6, 1981.