HomeMy WebLinkAboutMinutes City Council - 05/27/1981MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 27, 1981
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
COUNCIL -MEMBERS:
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins
Dr. Charles W. Kennedy
Cliff Zarsky
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 Roy Simmons of Holly Road
Church of Christ, following which the. Pledge of Allegiance to the Flag of the
United States was led by Council Member Charles Kennedy.
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.
City Manager Marvin Townsend requested that item I.- MOTION TO
RECONSIDER be considered first.
Granting a speacial permit for an art gallery allowing the sale of products
on the premises and meeting all ordinance requirements of the "B-1"
district with any sign to be on the fact of the building on a lot located on
the west side of Airline. Road approximately 137' south of Airline Road and
Lum Street upon the application of Mr. Guy Morrow (Public Hearing -
5/6/81, Planning Commission concurs, this ordinance was passed last week
but it requires six votes because the 20% rule is in effect. Only five
Council Members were present last week.
Motion by Gulley that the ordinance described above be reconsidered,
seconded by Turner, and passed unanimously.
Mayor Jones announced the issuance of the following proclamations: "DORIS
HENDERSON DAY" - May 24, 1981 and "HURRICANE AWARENESS WEEK" -June
1 - 7, 1981 and called particular attention to this proclamation stating that he
hoped that citizens would prepare for hurricanes now before a hurricane is
imminent. taROFILMEQ
Minutes
Regular Council Meeting
May 27, 1982
Page 2
Mayor Jones called for consideration of appointments to Boards and
Commissions and reviewed the appointees considered during the morning Workshop
Meeting.
Motion by Zarsky that the following appointments be confirmed, seconded by
Dumphy, and passed unanimously:
BUILDING CODE BOARD OF APPEALS:
Mr. Jerry F. Owens
TRAFFIC SAFETY ADVISORY BOARD:
Mr. Richard Graessle (Reappointment)
Mrs. Herbert E. (Sally) Madalin (Reappointment)
TERM TO EXPIRE:
5-04-85
4-30-84
4-30-84
LA RETAMA LIBRARY BOARD:
Mrs. Alicia Gallegos Abarca 11-05-82
SISTER CITY COMMITTEE:
Mrs. B. G. Poole (Reappointment) 5/84
Eddie Salinas (Reappointment) 5/84
Mrs. Carol Ann Davis (Reappointment) 5/84
Mrs. James Harris (Reappointment) 5/84
Dr. Howard Tirschwell (Reappointment) 5/84
Mr. Jose Gaytan 5/84
Commander James Gillin 5/84
Mrs. Barbara Campbell 5/84
Mr. Bill Harwick 5/84
Mrs. Elide Gonzales 5/84
Ms. Gloria Rodriguez 5/82
Mr. Robert Schakelford, Jr. 5/82
HUMAN RELATIONS COMMISSION: (Mayor's Appointment with Council's confirmation)
Mr. Roy Rocha 6/14/83
CORPUS CHRISTI INDUSTRIAL DEV. CORP. BOARD OF DIRECTORS:
Mayor Luther Jones 5/83
Mayor Pro Tem Betty N. Turner 5/83
Council Member Jack Dumphy 5/83
Council Member Bob Gulley 5/83
Council Member Herbert L. Hawkins, Jr. 5/83
Council Member Charles "Bud" Kennedy 5/83
Council Member Cliff Zarsky 5/83
CORPUS CHRISTI HOUSING FINANCE CORP. BOARD OF DIRECTORS:
Mayor Luther Jones 5/83
Mayor Pro Tem Betty N. Turner 5/83
Council Member Jack Dumphy 5/83
Council Member Bob Gulley 5/83
Council Member Herbert L. Hawkins, Jr. 5/83
Council Member Charles "Bud" Kennedy 5/83
Council Member,Cliff Zarsky 5/83
.,tes
Regular Council Meeting
May 27, 1981
Page 3
Mayor Jones then administered the oath to new appointees to various
boards and committees.
Motion by Zarsky that the Minutes of the Regular Council Meeting of May
13, 1981 be approved, seconded by Dumphy, and passed unanimously.
Mayor Jones announced the scheduled bid openings listed below:
1. Drainage improvements in Gaines Street and Eldon Drive. This 1977
bond project will provide 15" to 30" diameter storm sewers to drain
the surrounding area.
Assistant City Manager James K. Lontos, opened bids on this project from
the following firms: Backhoe Lease Service; Maverick Construction Company,
Heldenfels Brothers; Isles Construction Company; Asphalt Concrete Paving
Company; Chapman Construction Company; H & H Construction Company; and
APCCO. Mr. Lontos verified that each bidder had submitted the required bid
security bond with their bids.
Mayor Jones stated that the bids would be tabled for 48 hours, pursuant
to the requirements of the City Charter, and referred to the Staff for
tabulation and recommendation.
The next bid opening was for the depository contract.
Mr. Harold Zick, Director of Finance, opened and read bids from the
following banks: Corpus Christi Bank & Trust and Corpus Christi National
Bank.
Mayor Jones stated that these bids would also be tabled for 48 hours and
referred to the Staff for recommendation for award.
*********
K. Confirmation of actions taken during the Workshop Meeting of May 27,
1981.
1. Consideration of establishing a committee to advise the City Council
on equitable representation of all segments of the community in its
civic and political affairs.
City Manager Townsend inquired about charges to this committee and
Council Member Dumphy replied that it would be an Ad Hoc Committee to serve
until December 1, 1981 and the charge would be the same as indicated on the
form prepared by one of the Council Members.
Minutes
Regular Council Meeting
May 27, 1981
Page 4
Motion by Kennedy that the Council approve the composition of this
committee with the one change in the form being that the chairman is to be
selected by the committee; seconded by Zarsky.
Council Member Zarsky expressed concern about the statement that a
member would automatically be eliminated from the committee if they had one
absence and made a motion that the document be amended to state that if a
member has two unexcused absences, he or she would be dismissed from the
committee. Following a discussion, Mayor Pro Tem Turner stated that she felt
that one absence was more in order.
Council Member Zarsky then withdrew his motion.
Mayor Jones called for the vote on the motion to approve the composition
of the committee and it passed unanimously. He then stated that the
appointments will be made next week.
*********
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. Twelve months supply of brass and galvanized service fittings for the
Water and Gas Divisions be awarded to the following firms on the
basis of low bid:
Rohan Company San Antonio
8900 - 3/4 to 2'r brass service fittings
Coastal Pipe and Supply, Brownsville
1550 - 3/4" & 1" brass curb and meter stops
1500 - brass angle ball meter stops
$33,162.17
$15,448.72
18,624.90
$34,073.62
Southwest Meter and Supply Marshall
725 - 3/4" & 1" brass angle ball meter stops $11,232.51
Trans Tex Supply San Antonio
1135 - 1/2 to 2' black & galvanized service fittings± $10,475.12
Grand Total - $88,943.42
The apparent low bids of $8,576.57 by the Rohan Company and
$8,742.87 by Mars Utility of San Antonio on the black and galvanized
service fittings are not recommended because the brand of fittings bid
has had a high incidence of leaks in the past. Also, the size of
fittings is such that modifications to existing meter sets would have to
be made before the fittings could be used. Bids were received from
11 firms. Price comparison shows an increase of approximately 14%.
ates
Regular Council Meeting
May 27, 1981
Page 5
2. Twelve month supply of water meter parts be awarded to the following
firms on the basis of low bid:
Rockwell Mfg. Company Houston
3/4" Rockwell Meter Parts
3/4" - 4" Sealed Register & Single Dial
Rockwell Meter Parts
Estimated Annual Usage $30,658.00
S.L.C. Meter Parts Co., Pontiac, MI
Calmet Meter Parts
Estimated Annual Usage $10,459.00
Badger Meter, Inc., Milwaukee, WI
Ba.ger Meter Parts
Estimated Annual Usage $ 1,065.00
Carlon Meter Co., Grand Haven, MI
Car on Meter Parts
Estimated Annual Usage $11,372.00
Hersey Products, Inc. Dallas
Hersey Meter Parts
Estimated Annual Usage ' $ 4,594.00
Carlon Meter Co., Grand Haven, MI
Carlon Meter Parts
Estimated Annual Usage $11,372.00
Hersey Products, Inc. Dallas
Hersey Meter Parts
Estimated Annual Usage $ 4,594.00
Neptune Meter Company, Dallas
Trident Meter Parts
Estimated Annual Usage $ 670.00
% of Discount Off
Price List
10%
30%
15%
45%
10%
0%
10%
0%
0%
GRAND TOTAL -Estimated Annual Usage $58,818.00
Seven bids were received. The higher or same discounts bid by
Meter Conversion, Inc., of St. Louis, Missouri on the Rockwell meter
parts, Carlon meter parts, Hersey and Trident meter parts are not
recommended because this company cannot supply a full line of parts
for any of these meters. The company specializes in converting
mechanical meters to magnetic rather than supplying parts. Price
comparisons show a decrease of approximately 3%.
3. $76,128,88 be appropriated to supplement previous appropriations of
$6,819.04 for a total of $82,947.92 to reimburse the General Fund for
improvements to parks by the Park Division:
Parks:
Patterson $ 3,060.88 Swings
Congress 5,256.20 Playground, swings and slide
Ridgewood 15,315.77 Theme playground, swings, fence
and sprinklers
Mobile 7,723.10 Theme playground, patio and
brick work
Snead 24,482.02 Irrigation System
Laguna 15,127.66 Irrigation improvements, slab,
shelter and basketball backboard
Elgin 5,163.25 Filled low areas, basketball backstop,
seeded and fertilized trees
H.E.B. 3,484.17 Concrete slabs, slide and spring animals
Los Encinos 3,334.87 Post and cable and expanded irrigation
system
TOTAL ---- $82,947.92
Minutes
Regular Council Meeting
May 27, 1981
Page 6
Of the total appropriations, $6,410.80 is from Park Trust Funds
($3,046 for Ridgewood Park and $3,334.87 for Los Encinos Park) and
the balance from the Park Bond Fund ($76,537.12).
Mayor Pro Tem Turner inquired if plans had been prepared for park
development in specific parks.
City Manager Townsend replied that the Staff does have plans for most of
the parks but sometimes the plans are not approved and quite often, only the
first phase of the plan can be installed because of lack of funds.
Mayor Jones mentioned the fact that vacant land in parks is well utilized
by children playing games and is very necessary even if the park cannot be
completely developed.
4. Mitchell Energy Offshore Corporation be granted a permit to drill a
well from a location 7,500 feet seaward of Mustang Island State Park
in the Gulf of Mexico. The State Tract 895-S No. 1 well will be
drilled as a straight hole to a depth of 9,700 feet. No exceptions to
the Gulf Drilling Ordinance are requested. Mitchell Energy is a new
operator in this area. The company has posted the necessary bond
and met the insurance requirements of the Gulf Drilling Ordinance.
5. A public hearing be held on June 17, 1981 on a request to close
Avenue D and a 20 -foot alley in Block 10, Calallen Townsite, from
Middle Lane to Mountain Trail. Both of the right-of-ways are
unimproved. Some utility easements would need to be retained as a
result of the closure request and replatting would be necessary.
6. Bids be received June 15, 1981 for the sale of Lot 10, Block 2,
Countiss Addition (75' x 300'), located in the 4400 block of
Sharpsburg Road. This parcel was acquired for drainage purposes
and is now surplus. The City has dedicated a 20' drainage and utility
easemment along the north boundary. The lot will be sold subject to
this easement. A number of persons have expressed an interest in
purchasing the property.
7. A contract be authorized with the State Department of Highways and
Public Transportation for reimbursement of 13% of the purchase cost
of buses and related equipment under the capital grant from the
Urban Mass Transportation Administration approved February 9, 1981,
with an estimated project cost of $2,487,300. Of the total cost, UMTA
pays 80% and the City 7%. The City's portion is available in the
Transit Bond Fund. The project includes purchase of 15 buses, a
spare diesel power train, two wheelchair lift -equipped vans, fifteen
bus shelters, and bus stop signs.
Mayor Jones asked about the status of the requirement for wheelchair lifts
to be installed on all public vehicles.
City Manager Townsend explained that this matter is still being considered
by Congress and the issue has not been resolved. He stated that cities that
have attempted to comply with this requirement have experienced a number of
problems.
_.rtes
Regular Council Meeting
May 27, 1981
Page 7
8. An Amendment to the Step 1 (Planning) Grant on the Flour Bluff
Wastewater Treatment Plant be submitted to the Texas Department of
Water Resources for reevaluation of the Facility Plan and
Environmental Assessment to increase the proposed design year
treatment capacity due to significant increases in area population and
to reflect year 2000 estimates. The original design capacity was
forecast in 1976 for 1995. Additional engineering fees of $11,498 will
be involved of which EPA will pay 75%. The engineering work for the
revision has been underway for several months and should be finished
by August 1, 1981.
9. Ella Barnes Unit 1-B Street Improvements be accepted and final
payment of $108,555.43 be made to King Construction Co. This 5th
year Community Development and 1977 bond program project included
the following streets:
Bruce Street from Hibiscus to Elgin
Buford Street from Port to Highland
Elgin Street from Buford to Morgan
Hibiscus Street from Highland to Bruce
Sabinas and Verbena Streets from Highland to Morgan
Agarito Street from Elgin to Baldwin
Bright and Verbena Streets from Reyna to Morgan
Elgin and Sabinas Streets from Morgan to Baldwin
Reyna Street from Greenwood Drive to H.E.B. Shopping Center
The total cost was $1,176,942.17 which reflects an over -run of $9,850
due to sidewalk quantities inadvertently omitted from a change order.
An appropriation of $11,786.77 is needed to close out the project.
10. The Segrest Addition Street Improvement project be accepted and
final payment of $203,210.86 be made to Isles Construction Company.
The total cost was $1,472.660.46 which included construction of the
following new streets and water lines:
Francis Street -
Brannan Street
Segrest Street -
Headley Street -
Heinley Street -
Niagara Street -
Crosstown to South Port Avenue
- Crosstown to South Port Avenue
Crosstown to South Port Avenue
Crosstown to Morgan Avenue
Crosstown to Morgan Avenue
Baldwin to 19th Street
The project is a 5th Year Community Development and 1977 bond
election project. The contractor exceeded the allotted working time
by 4 days. An extension is recommended due to two change orders.
11. Bids be received June 23, 1981, for two high pressure sewer and man
hole cleaners with cab and chassis for Wastewater Services.
12. A contract for pavement repairs to the T -Heads and the L -Head,
including repairs to the Pavillion on the Peoples Street T -Head, be
awarded to A. Ortiz Asphalt Paving of Corpus Christi for
$181,261.77. All of the paved areas will be repaired and/or reworked
to correct damage caused by Hurricane Allen. The Federal
Emergency Management Agency will contribute approximately $40,000
toward the cost. An appropriation of $186,000 is needed for the
contract award and related expenses.
City Manager Townsend commented that it is going to be difficult to
complete all of the necessary improvements to the Marina in view of the charge
the Council made in regard to the Revenue Sharing funds.
Minutes
Regular Council Meeting
May 27, 1981
Page 8
13. An agreement be approved with Mr. Buddy Seeds, developer of Retta
Estates Subdivision for the City to reimburse the developer $14,255.15
for one-half the cost of the street at the dedicated park. The
developer will pay the City $600 an acre for the northwest 19.453
acres (or $11,671.80) as a sanitary sewer fee. The City will pay
one-half the cost of a gravity sanitary sewer line in Retta Drive, plus
a prorata future collection fee of $2.00/front foot, resulting in the
City's share of $12,223.44. Existing residences on the north half of
Retta Drive will be served by paying a front foot prorata charge and
tap fee. An appropriation of $26,478.58 is recommended including
$14,255.14 for street improvements around the park and $12,223.44
for the City's share of the sanitary sewer line.
City Manager Townsend reviewed this matter as discussed during the 1
public hearing several weeks ago and reminded the Council that the developer
was to pay $600 per acre on the twenty -acre portion; in order to get sewer
service to Rhetta Drive, Mr. Seeds would have a choice in that he could either
pay $600 an acre with no responsibility for the installation of the sewer line on
Retta Drive or he could pay the cost of the line less the front foot charge
which would be paid by the property owners on the street and the City would
pay one-half of that cost. He reminded the Council that this is only on
one-half of Retta Drive that is closest to Purdue Street. He stated that this
project will be completed in six months.
Council Member Zarsky commented that Mr. Seeds had indicated that he
would not start this project before the six months.
Mayor Jones inquired if this was fair to the City and City Manager
Townsend explained that the Staff did not recommend this but this was the
decision of the Council.
14. The purchase of two replacement tires ($6,300) for a five cubic yard
front end loader at the sanitary landfill be noted. Two of the
vehicle's four tires are worn out and can not be again recapped.
Two steel radial tires were purchased instead of foam -filled tires.
Recent landfill experience has shown that the steel radial tires
perform satisfactorily and may last longer. The steel radial tires cost
approximately 50% less.
Mayor Jones ascertained that no one in the audience wished to speak on
the City Manager's Reports.
Motion by Turner that the City Manager's Reports, Items 1 through 14, be
approved; seconded by Kennedy; and passed unanimously.
i._ _ies
Regular Council Meeting
May 27, 1981
Page 9
City Manager Townsend presented the following for the Council's
consideration:
Consideration of the request of Mr. Harvey Grossman to reopen the
Segrest Area Street Improvement assessment hearing to further review the
assessment on property at 2501-2507 Headley Street. Construction has been
completed. Acceptance of the final assessment roll is scheduled for June
10, 1981. if the hearing is to be reopened for this limited purpose, it
could also be on June 10, 1981.
City Manager Townsend briefly reviewed this matter to bring the Council
up-to-date stating that Mr. Grossman appeared at an assessment hearing on the
Segrest Area Street Improvement Project; the final assessment roll is scheduled
to be approved on June 10, 1981; Mr. Grossman had indicated that he did not
feel that his property would be enhanced in the amount of the assessment and
at the time of the hearing, he was asked to put his concerns in writing for the
Council's consideration. Mr. Townsend explained further that the assessment
roll was technically adopted by the Council but Mr. Grossman feels that his
written request was not acted upon because the Council did not receive his
complaint in writing prior to this adoption.
City Manager Townsend asked the Council to consider the fact that if an
assessment hearing is reopened after a project has been completed this might
establish a precedent. He then asked the Council if they wished to schedule an
appearance by Mr. Grossman next week prior to the final adoption of the
assessment roll. He stated that he did want to caution the Council that it is
not usual to consider an assessment item separately.
Council Member Dumphy inquired if the Staff still recommends against a
reduction of Mr. Grossman's assessment.
City Manager Townsend explained that the Staff recommends no decrease
because Mr. Grossman has not made any improvements to the property in
question and that is the reason that he is not realizing a profit from his rental
property. He noted that Mr. Grossman contends that the assessment against his
property is excessive because of the fact that he is not receiving a great deal
of income from the property.
City Manager Townsend pointed out, however, that Mr. Grossman's
assessment is consistent with the other assessments in the neighborhood.
Motion by Hawkins that Mr. Harvey Grossman's request to reopen the
Segrest Area Street Improvement assessment hearing for further review be
denied; seconded by Zarsky; and passed unanimously.
Minutes
Regular Council Meeting
May 27, 1981
Page 10
Mayor Jones requested that the Staff prepare a letter to be sent to Mr.
Grossman explaining that after due deliberation the Council voted to deny his
request.
*********
Mayor Jones announced consideration of the following hearing:
Appeal of Bay, Inc. on the plat of Industrial Heights, Section 2, Block 2,
Lot 5. This appeal was approved by the Planning Commission on January
20, 1981, subject to two conditions, neither of which are being appealed.
The owner is appealing a requirement of the Platting Ordinance requiring
all parties having an interest in the property to approve and sign the
plat. The owner has been unable to obtain the approval of owners of two
pipeline easements which cross his property. One pipeline was recently
relocated into land now being dedicated for street right-of-way.
City Manager Townsend explained that the issue before the Council is the
question of a number of pipelines. He stated that the usual procedure when a
subdivider is platting land, it is necessary for all owners of easements to sign
the plat, and that this has not been done in this case. He explained the
concern of the City Staff because there is a question that if the owners of the
easements have not signed the plat, there is a question of who has the primary
right, the City or the owners of the pipeline easement. He reiterated that
since all of the owners have not joined in the plat to place the City's rights
above the private owners, there is concern on the part of the Staff that if the
easements needed to be moved in order to install a street, problems might
occur. He further explained that the plat submitted has to be approved and
one of the pipelines involved has been relocated to the street right-of-way. He
expressed concern that the pipeline owners may have the primary right to the
easement and it may be necessary for the City to have this pipeline relocated in
order to construct the street.
Mayor Jones called for a representative of Bay, Incorporated to speak.
Mr. Ben McDonald, Attorney representing Bay, Incorporated, stated that
he would like to explain the matter of the problems with pipelines. He informed
the Council that the Delhi Gas Pipeline is not within the plat insofar as it runs
parallel to Corn Products Road. He stated that this pipeline was moved long
before the plat was prepared; the City wanted those ten feet for a street
right-of-way which his client had donated. Mr. McDonald stated that the
problem seems to be that the owners of the pipeline easements, including this
one in the street right-of-way, have refused to execute a certificate in relation
h_ _es
Regular Council Meeting
May 27, 1981
Page 11
to such easement rights. He stated that the Planning Commission recommends
that the easement certification certificate requirements be waived and this plat
be approved. Mr. McDonald also explained that no one, including the City, of
Corpus Christi, has been able to locate one of the easements since it has not
been filed in the County Clerk's Office. He further explained that the City has
indicated that they would require that the owners of the pipelines subrogate
their easement rights to the City before the plat can be approved. Mr.
McDonald did state, however, that he had prepared a second kind of certificate
which was signed by both pipeline companies involved to the effect that the plat
is correct in the location of their pipeline easements but they have just been
unable to obtain signed certificates by the pipeline companies subrogating their
rights to the City. Mr. McDonald summarized by urging that the Council
concur with the Planning Commission's recommendation and waive the platting
requirement for a subrogation certificate.
City Manager Townsend informed the Council that the Planning Commission
does not have the authority to waive such requirements. He explained that the
width of streets is set in the Master Plan; the width of the street cannot be
changed; and the City cannot accept a dedication of a portion of the street
right-of-way that is encumbered with a pipeline. Mr. Townsend explained the
problem in that if the City constructs a street over the pipeline and the
pipeline has to be moved or lowered, the cost of such relocation would have to
be at the City's expense. He stated that there is also a question as to whether
or not the owner can dedicate a street right-of-way encumbered by a pipeline.
City Manager Townsend pointed out that the land should have been platted at
the time it was divided and sold.
Mr. McDonald again pointed out that the question is whether or not the
owners of the easements have to subrogate their easement rights to the City.
City Manager Townsend noted that this type of question will continue to
arise on commercial subdivisions.
Council Member Gulley pointed out that the pipelines were located there
before the property was even taken into the City limits.
Mr. Ken Berry of Bay, Incoporated, stated that Delhi Gas Pipeline
relocated their pipeline off of the property into the 10 -foot area being dedicated
as additional right-of-way approximately two months ago and it is his
understanding that the pipeline is 36" deep.
Minutes
Regular Council Meeting
May 27, 1981
Page 12
City Manager Townsend pointed out that if that is the case, the pipeline
will definitely have to be lowered when the street is constructed.
Mr. McDonald pointed out that his clients have done everything possible to
comply with the regulations in regard to pipeline easements.
Motion by Turner that the Platting requirement for subrogation of the
easements be waived; seconded by Gulley.
City Manager Townsend noted that the action that is before the Council is
not waiving a plat requirement but it is whether or not they agree to accept a
pipeline that is in the street right-of-way area.
Council Member Zarsky stated that he would have to vote against this
motion because he felt that if property is purchased that has a pipeline on it,
the subdivider of the property should comply with City regulations.
Mayor Jones also indicated that he could not vote to waive this requirement
because the City might have to pay for the removal of the pipeline and he
therefore did not feel that the citizens' tax money should be spent in this
manner.
City Manager Townsend explained to the Council that if they wanted to
take some action it would be necessary to amend the Platting Ordinance to allow
for this waiver. He also suggested that he did not see how this could be done
without actually seeing the location of the easement and no one has been able to
locate the easement.
City Attorney J. Bruce Aycock confirmed this by pointing out that Mr.
McDonald has endeavored to obtain signatures from the owners of the pipelines
because the ordinance requires that all owners must join in the dedication of
the street and it is the opinion of the Legal Staff that this is required but
since this cannot be done, if the Council desires to waive this regulation, then
the Platting Ordinance must be amended.
Motion by Kennedy that the Staff prepare an amendment to the ordinance
to allow the waiver of this requirement that the signatures of all property
owners relinquishing their subrogation rights be approved.
Council Member Zarsky suggested the inclusion of an indemnity clause and
City Attorney Aycock agreed that the Council could request an indemnification
ordinance.
as
Roynlar Council Meeting
May 27, 1981
Page 13
Mr. McDonald pointed out that this is an expensive project; his client has
almost completed the arrangements for the project; and he would like to have
this resolved as soon as possible.
Dr. Kennedy stated that he felt that the applicant should sign an
indemnification agreement to be liable for any expenses that might be incurred
because of the location of the pipeline easement in the street right-of-way.
City Manager Townsend stated that the seller of the property should have
platted the property before it was sold and in this case, the former owners of
the property, the Weil family, should have platted the property before they
sold it to Bay, Incoporated.
Council Member Hawkins moved that Dr. Kennedy's motion be amended to
the effect that there should be some kind of indemnification as a part of the
amendment to the Platting Ordinance.
Council Member Zarsky seconded this amendment to the motion.
Council Member Gulley suggested that the indemnification agreement should
be prepared to the effect that it would only be necessary if the City actually
has to have the property. He also expressed the opinion that it is essential
that the pipeline actually be located.
Mayor Jones called for the vote on the amendment to Council Member
Hawkins motion to amend and it passed unanimously.
Council Member Kennedy's motion was seconded by Turner.
Mr. McDonald stated that he concurred with the recommended actions but
his client would like to have a building permit as soon as possible rather than
waiting until next week.
The Council indicated their concurrence that it would be possible for Mr.
Berry to obtain a building permit as soon as possible.
Mayor Jones called for the vote on the motion to grant the waiver in the
method stated in Dr. Kennedy's motion with the waiver to be effective today,
and the motion passed unanimously.
City Manager Townsend pointed out there is still a need to locate that
particular easement.
Mr. McDonald assured the Council that he would attempt to locate the
easement that afternoon.
Minutes
Regular Council Meeting
May 27, 1981
Page 14
City Manager Townsend explained that there is a problem unless the
easement can be located but as soon as it is, Mr. Berry can obtain a building
permit.
**********
Mayor Jones declared the Regular Council Meeting recessed at 4:40 p.m. in
order to convene the Special Council Meeting to consider zoning applications.
*********
Mayor Jones reconvened the Regular Council Meeting at 5:02 p.m.
Mr. Ben McDonald, who had returned to the Council Chamber, addressed
the Council and informed them that he had located at the title company the
signed document pertaining to the easement in question in connection with the
Bay, Incorporated hearing . He then provided Mr. Townsend with a copy of
the document.
*********
Mayor Jones called for the ordinances. City Manager Townsend briefly
explained the ordinances on the agenda.
There were no comments from the audience on the ordinances; City
Secretary Read polled the Council for their votes; and the following ordinances
were passed:
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT
AGREEMENT WITH COASTAL IRON WORKS, INC. FOR A TERM OF SEVEN (7)
YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE
KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 32"; EXEMPTING
SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT
IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF: ALL AS MORE
FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT 1:
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy, and Zarsky voting, "Aye".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT
AGREEMENT WITH ESCO DISTRIBUTORS, INC. FOR A TERM OF SEVEN (7)
YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE
KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 33"; EXEMPTING
SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT
IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE
FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT 1.
)regoing ordinance was read for the second time and passed to its third
"n. ,ig by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarskv voting, "Ave".
Aar Council Meeting
May 27, 1981
Page 15
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL
AGREEMENT WITH H. S. SIZEMORE AND SON COMPANY FOR A TERM OF
SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA
TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 34";
EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN
ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM
THEREOF: ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARED EXHIBIT 1.
The foregoing ordinance was read for the second time and passed to its third
and final reading by the following vote: Jones, Turner, Dumphy, Gulley,
Hawkins, Kennedy and Zarsky voting, "Aye".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT
AGREEMENT WITH TURNER TOOL JOINT REBUILDERS CORPORATION FOR A
TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN
AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 35";
EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN
ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM
THEREOF; ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT 1.
The foregoing ordinance was read for the second time and passed to its third
and final reading by the following vote: Jones, Turner, Dumphy, Gulley,
Hawkins, Kennedy and Zarsky voting, "Aye".
THIRD READING - ORDINANCE NO. 16266:
AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL
AGREEMENTS TO LEASES WITH THE UNITED STATES GOVERNMENT,
DEPARTMENT OF TRRANSPORTATION FEDERAL AVIATION ADMINISTRATION
PROVIDING FOR THE INCREASE OF JANITORIAL AND UTILITY SERVICE FEES
IN THE NEW AND OLD TOWER BUILDINGS AT CORPUS CHRISTI
INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN
SUPPLEMENTAL AGREEMENT NO. 3 TO LEASE DOT-FA76SW-1197,
SUPPLEMENTAL AGREEMENT NO. 2 TO FAA LEASE DOT-FASW-1198,
SUPPLEMENTAL AGREEMENT NO. 2 TO FAA LEASE DOT-FASW-1182, AND
SUPPLEMENTAL AGREEMENT NO. 2 TO FAA LEASE DOT-FA76SW-1196, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED RESPECTIVELY, EXHIBITS "A", "B", "C", AND "D", SAID
SUPPLEMENTAL AGREEMENTS TO COMMENCE FEBRUARY 1, 1981 AND
REMAINING IN EFFECT UNTIL MUTUALLY CHANGED BY AGREEMENT OF BOTH
PARTIES.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
THIRD READING - ORDINANCE NO. 16267:
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE DTFA)1-81-L-01089
WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF
TRANSPORTATION FEDERAL AVIATION ADMINISTRATION, FOR THE USE OF
REMOTE TRANSMITTER SITE #2 AND REMOTE RECEIVER SITE, LOCATED AT
THE CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR A TERM BEGINNING
JULY 1, 1981 AND ENDING SEPTEMBER 30, 1981, WITH THE GOVERNMENT
HAVING THE OPTION TO RENEW FOR YEAR TO YEAR, NOT TO EXTEND
BEYOND SEPTEMBER 30, 1996, HOWEVER, ALL AS MORE FULLY SET FORTH
IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
Minutes
Regular Council Meeting
May 27, 1981
Page 16
THIRD READING - ORDINANCE NO. 16268:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
RICHARD OSHMAN, DBA RAINBOW BAITSTAND, CONCERNING THE USE OF
TRACT 12 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE
INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY FOR
PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS AND
OTHER RELATED RECREATIONAL PURPOSES, 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".
The foregoing ordinance was, read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
THIRD READING - ORDINANCE NO. 16254:
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 third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
THIRD READING - ORDINANCE NO. 16255:
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 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 third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16269:
AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT AN
APPLICATOPM FOR AMENDMENT TO THE STEP ONE GRANT ON THE FLOUR
BLUFF WASTEWATER TREATMENT PLANT, 'WHICH PROVIDES FOR
ADDITIONAL ENGINEERING FEES, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE CONTRACT WITH URBAN ENGINEERING
FOR PREPARATION OF THE STEP ONE DOCUMENTS NECESSARY FOR THE
SAID WASTEWATER TREATMENT PLANT; APPROPRIATING $11,498 OUT OF
THE NO. 250 SANITARY SEWER BOND FUND FOR ADDITIONAL ENGINEERING
FEES PAYABLE TO URBAN ENGINEERING, OF WHICH $8,623 IS TO BE FUNDED
BY THE ENVIRONMENTAL PROTECTION AGENCY AS THE FEDERAL SHARE
APPLICABLE TO PROJECT NO. 250-77-19, LAGUNA MADRE (FLOUR BLUFF)
PLANT EXPANSION, SUBJECT TO APPROVAL BY THE TEXAS DEPARTMENT OF
WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
es
Aar Council Meeting
May 27, 1981
Page 17
ORDINANCE NO. 16270:
APPROPRIATING $11,786.77 OUT OF THE NO. 220 STREET BOND FUND FOR
ADDITIONAL COSTS INCURRED DURING CONSTRUCTION OF THE ELLA
BARNES AREA STREET IMPROVEMENTS, PHASE 1-B, PAYABLE TO KING
CONSTRUCTION COMPANY, APPLICABLE TO PROJECT NO. 220-77-2.10, ELLA
BARNES AREA STREET IMPROVEMENTS, PHASE 1-B; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy, and
Zarsky voting, "Aye".
ORDINANCE NO. 16271:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A.
ORTIZ ASPHALT PAVING OF CORPUS CHRISTI FOR PAVEMENT REPAIRS TO
THE CORPUS CHRISTI MARINA (T -HEADS AND L -HEAD); APPROPRIATING
$186,000 OUT OF THE NO. 291 PARK BOND FUND, OF WHICH $181,261.77 IS
FOR THE CONSTRUCTION CONTRACT AND $4,738.23 IS FOR CONTINGENCIES,
INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO.
291-77-13, MARINA PAVEMENT REPAIRS -HURRICANE ALLEN, OF WHICH
AMOUNT $38,819.83 IS TO BE REIMBURSED BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye". ORDINANCE NO. 16172:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
BUDDY SEEDS, DEVELOPER OF RETTA ESTATES SUBDIVISION, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A": APPROPRIATING $26,478.59 OF WHICH
$14,255.15 IS OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO
PROJECT NO. 220-77-52, RETTA ESTATES SUBDIVISION FOR PARK
CONSTRUCTION REIMBURSEMENT, AND $12,223.44 IS OUT OF THE NO. 250
SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-35,
RETTA DRIVE SEWER LINE FOR SEWER LINE INSTALLATION; AND DECLARING
AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16273:
APPROPRIATING $76,128.88 OUT OF PARK BOND FUND NO. 291 TO
SUPPLEMENT PREVIOUS APPROPRIATION OF $6,819.04 FOR A TOTAL OF
$82,947.92 IS FOR REIMBURSEMENT TO THE GENERAL FUND NO. 102,
ACTIVITY 4122-603 FOR WORK ACCOMPLISHED AT THE FOLLOWING PARKS:
1. Patterson
2. Ridgewood
3. Congress
4. Mobile
5. Snead
6. Laguna
7. Elgin
8. H.E.B.
9. Los Encinos
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
Minutes
Regular Council Meeting
May 27, 1981
Page 18
ORDINANCE NO. 16274:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
PROVIDING FOR STATE PUBLIC TRANSPORTATION FUND PARTICIPATION IN
UMTA PROJECT NO. TX -05-0073 IN THE AMOUNT OF 65% OF THE AUTHORIZED
LOCAL SHARE COST INCURRED FOR CAPITAL IMPROVEMENTS TO THE
CONTRACT, 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, Dumphy, Gulley, Hawkins, Kennedy, and
Zarsky voting, "Aye".
ORDINANCE NO. 16275:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI
ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN
VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION
RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION
OF GUY MORROW BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN
ART GALLERY ALLOWING THE SALE OF PRODUCTS ON THE PREMISES,
ON LOT 6, BLOCK 8, KOOLSIDE ADDITION, SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY
DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE
CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mrs. Patty Mueller, Chairman of the La Retama Library Board, expressed
her appreciation to the Council for approving the sale of bonds for the
Northwest Branch Library and informed them that the Board is working with
the architects and plan to meet with them on June 4.
*********
City Manager Townsend provided the Council with a brief update on the
status of House Bill 411 and Senate Bill 100 regarding limiting annexation in the
Gulf.
Mayor Jones stated that he was very impressed with the work that Mr. Bill
Hennings, Mr. Rick Mertz, and Mr. Jimmy Bray had done regarding both bills.
.. s
1 it Council Meeting
May 27, 1981
Page 19
Council Member Hawkins requested that a copy of the salaries of City
Managers in other cities be provided the Council and stated that he did not
think it was fair for one of the Assistant City Managers to receive a higher
salary than the City Manager.
Motion by Turner that the Regular Council Meeting be recessed at 5:39
p.m. in order to conduct a closed session to discuss Municipal Court
appointments under the authority of Article 6252-17C, V.A.C.S; seconded by
Zarsky and passed unanimously.
*********
Mayor Jones reconvened the Regular Council Meeting at 6:07 p.m. and
announced that the following appointments would be confirmed next week: Joe
Alsum, Bill Monkres and Joe A. Garza as Judges of Municipal Court and Anita
Garza as Municipal Court Clerk.
There being no further business to come before the Council, on motion by
Gulley, seconded by Turner, and passed unanimously, the Regular Council
Meeting was adjourned at 6:08 p.m., May 27, 1981.
*********