HomeMy WebLinkAboutMinutes City Council - 06/17/1981i UCC
MINUTES
REGULAR COUNCIL MEETING
JUNE 17, 1981
2:00 P.M.
PRESENT:
Mayor Pro Tem Betty N. Turner
Council Members:
Jack K. Dumphy
Herbert L. Hawkins, Jr.
Cliff Zarsky
ABSENT:
Mayor Luther Jones
Council Member Bob Gulley
Council Member Charles W. Kennedy
City Manager Marvin Townsend
City Attorney Bruce Aycock
City Secretary Bill G. Read
Mayor Pro Tem Betty N. Turner called the meeting to order in the Council
Chamber of City Hall.
The invocation was given by Brother Fred McWhorter of the New Testament
Christian Church, following which the Pledge of Allegiance to the Flag of the
United States was led by Council Member Jack Dumphy.
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 Pro Tem Turner announced the issuance of the following
proclamations: "BLACK AWARENESS WEEK" - June 14 - 20, 1981 and
"HI-FAIRNESSEE GIRLS' CLUB GOLDEN ANNIVERSARY CELEBRATION WEEK" -
June 21 - 27, 1981.
Mayor Pro Tem Turner read and presented the resolution to Mrs. Patricia
Duaine commending her on her actions in apprehending a person attempting to
break into her house.
Mayor Pro Tem Turner introduced Mr. Harry Plomarity, General Chairman
of the Sister City Committee, who addressed the Council and brought greetings
to them from Yokosuka, Japan, where he attended a meeting and made an
official visit on behalf of the City of Corpus Christi to the Mayor of Yokosuka.
Mr. Plomarity provided some of the highlights of his visit to our Sister City in
Japan.
MGIOJLME9 SEP 1919 4
Minutes
Regular Council Meeting
June 17, 1981
Page 2
Mayor Pro Tem Turner then presented 30 year pins to the following
employees:
Employee:
Department: Position:
Mr. Bill Banner, Jr. Police Police Chief
Mr. Ken Krenek ` Parks Park Superintendent
Mr. Tony Rodriguez • Fire Fire Captain
Mr. Juan Rosales Fire Firefighter II
Mr. Earl Walker Fire Firefighter II
Also eligible to receive a 30 -year pin but unable to attend was Mr. Enrique
Sanchez, a Broom Maker in the Street Division.'
Mayor Pro Tem Turner 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 July 14, 1981 for a subsurface injection plow and
tractor for the Westside Wastewater Treatment Plant. This unit will
be used in conjunction with the sludge pump for which bids are being
received. Currently, the City has one complete unit for the
subsurface injection of sludge. This additional unit will reduce
transportation costs between Oso, Westside and Allison Plants and will
also serve as a backup unit.
2. Bids be received July 7, 1981, for the following heavy duty truck
cabs and chassis:
a. Two additional and three replacement 10,000 gross vehicle weight
cabs and chassis for Gas and Wastewater Services Divisions.
b. Nineteen replacement 20,000 gross vehicle weight cabs and
chassis for Street, Park, Water and Sanitation Divisions.
c. Three replacement and one additional 23,000 gross vehicle weight
cabs and chassis for Water and Wastewater Services Divisions.
d. A replacement 27,000 gross vehicle weight cab and chassis for
the Street Division.
The additional units are for Wastewater Services for the two
maintenance crews and the electrician added in the 1980-81 Budget.
3. Bids be received July 15, 1981 for a three year mineral lease for the
69.682 acres known as the Scogin Tract, at the northwest corner of
the Airport. These minerals became property of the City on
February 14, 1979. A request has been made for a mineral lease.
The minimum cash bonus proposed is $50 per acre, delay rental $10
per acre and royalty 20%. All drilling must be in accordance with
Airport zoning and Federal Aviation Administration regulations.
Mayor Pro Tem Turner suggested that the funds received from this source
be used at the Airport, and City Manager Townsend assured her that the
money will be placed in the Airport Fund.
1
lutes
:gular Council Meeting
tune 17, 1981
Page 3
Mr. James Conn, Petroleum Superintendent, explained that substantial
drilling has occurred south of the Airport. He pointed out the location of
several producing wells in the Airport area and expressed the opinion that the
City may benefit from the various leases with oil companies.
4. A contract for Hurricane Allen Hangar Roof Repairs at Bill Witt Park
be awarded to L & M Metal Fabricators for $19,432.16 and $22,000 be
appropriated for the contract award and related expenses. Five
contractors submitted bids. The L & M Metal Fabricators bid was
irregular in that the total cost was included in the space where the
unit cost should be, but this did not affect the total project cost. It '
is recommended that the irregularity be waived and a contract be
awarded for $19,432.16.
5. The following actions be taken in connection with Cain Drive Street
Improvements:
a. The preliminary assessment roll with paving assessments of
$124,191.41 on 91 items be adopted.
b. A public hearing be held on July 15, 1981 at 7:00 P.M. at
Blanche Moore Elementary School, 5426 Williams Drive.
The project was initiated by petitions and was included in the 1977
Bond Program. Bids were received on June 3, 1981 with the low bid
of $567,993.80 submitted by Heldenfels Brothers.
6. The Texas Department of Highways and Public Transportation
Commission Minute Order regarding improvements to Carroll Lane
between South Staples Street and Tiger Lane be adopted. This
project was approved in the 1977-78 Federal Aid Urban System
Program, but Carroll Lane was not included in the Urban Systems, so
the Minute Order was not prepared. Carroll Lane has now been
included in the Urban Systems. Estimated project cost is
$1,002,825.00. This includes reconstruction of Mulberry Street from
Carroll Lane to Willow Street and construction of a new water line
from Staples to near the Gollihar intersection. Total City cost is
proposed to be $434,970.00.
7. An additional $17,008 be appropriated for engineering services by
Ogletree, Gunn & Associates in the design of additional boat slips for
the Corpus Christi Marina. The engineering contract provides for a
fee based on 10% of the construction contract. The original estimate
for 71 slips was $190,000, later revised to $225,000. When the
project was expanded from 70 to 103 slips, the estimated cost
increased to $318,000. Actual cost is $360,075, based on the low bid
received.
8. Ordinance No. 16296, approved by the City Council on June 3, 1981,
be amended to correct the appropriation for the contract award to
Heldenfels Brothers, Inc. for Downtown Landscaping and Drainage
Improvements. Of the total $725,000 appropriated, $571,650.08 should
be from the Sixth Year Community Development Block Grant and
$153,349.92 from the Storm Sewer Bond Fund. The original ordinance
appropriated $580,544 from the Block Grant. Only $571,650.08 is
available. The remainder is available in the Street Bond Fund.
9. Ordinance No. 16273, passed on May 27, 1981, be modified to correct
the appropriation of $79,463.75 for reimbursement to the General Fund
for improvements to various parks by the Park Division. The total
appropriation was from the Park Bond Fund by error. Instead,
$6,411.37 should be appropriated from the Park Trust Fund and
$73,052.38 from the Park Bond Fund. Park Trust Funds are available
for improvements in Ridgewood and Los Encinos Parks.
Minutes
Regular Council Meeting
June 17, 1981
Page 4
10. A public hearing be held on July 1, 1981 on a request for contractual
annexation of River Canyon Subdivision (72.53 acres) located west of
Highway 77 and north of FM 624 between the Calalien High School and
the Nueces River.
11. The recommendation of the Bay Drilling Committee that a permit be
granted Sanchez -O'Brien Corporation to drill a well from an irregular
location 5,350 feet seaward of the Naval Air Station be approved.
The Corpus Christi Bay State Tract 100 Well No. 1 will be drilled as
a straight hole to a depth of 12,500 feet. The normal cluster area
for State Tracts 99 and 100 is within the one mile area off shore
designated as the Bay Park Area from which drilling is prohibited.
The irregular location will serve as the cluster area for both tracts.
No other exceptions to the Bay Drilling Ordinance are requested.
12. The Driveway Ordinance be amended to allow concrete driveways
across drainage ditches where the structural strength of concrete is
needed to carry anticipated vehicle loads and the property owner
agrees not to request credit against future paving assessments. The
Driveway Ordinance now requires asphalt for driveways crossing
drainage ditches. South Texas Materials Company has requested
approval for two concrete driveways to move heavy trucks at 6126
Agnes Street on the south side of State Highway 44 east of Talbert
Road. A similar request by Braselton Construction Company at 426
Plato Road was approved on April 15, 1981. It is further recommended
that this not apply to residential streets and it only applies to
arterial or collector streets as shown on the Master Plan.
In a related matter, Council Member Zarsky reminded City Manager
Townsend that he had requested that a different design be devised for
construction of curbs to eliminate the necessity for breaking them out during
construction of streets. He suggested that this design be pursued.
City Manager Townsend stated that he will have this placed on a high
priority basis.
13. The appointment of Dr. Larry W. Magnuson to the position of City
Physician be confirmed. Dr. Magnuson has a B. S. from
Northwestern State College in Oklahoma and a Medical Degree and
Master of Public Health from the University of Oklahoma. He has
served two years in the military as an instructor in general
preventative medicine, three years in private practice in family
medicine, six years as a physician with the Federal government and a
year as Chief of Occupation Health Service for a health clinic.
14. The following water contracts for outside -city -limits customers in
previously platted subdivisions be approved:
a. Mr. Frank Lazenby: Lot 19, Block 78, Galleon Bay,
14309 Dorsal Street;
b. Mr. & Mrs. Urban H. Wagner: Lot 12, Block 5,
Commodore's Cove #2
13734 Primavera Drive;
c. Ms. Sandra Reidda: Lot 12, Block 239, Padre Isles
Section 4, 14141 Bounty Street;
d. Mr. & Mrs. John T. McCabe: Lot 3, Block 87, Galleon Bay #2
14121 Jackfish;
'inutes
agular Council Meeting
June 17, 1981
Page 5
e. Mr. Thomas S. Barton, Trustee: Lot 4, Block 15, Point Tesoro
13538 King Phillip Court.
f. Mr. & Mrs. jack T. Williams, II: Lot 18, Block 3,
Commodore's Cove,
13738 A La Entrada Calle
g.
Mr. & Mrs. R. Warren Flint: Lot 43, Block 1, Ports -O -Call
15610 Three Fathoms Bank Drive;
h. Mr. E. H. Thomas: Lot 15 - 16, Block 3, Commodore's Cove
13750 A La Entrada Calle;
i. Ms. Sandra Reidda: Lot 49, Block 700, Barataria Bay
;13846 White Cap Blvd.;
Mr. Bill B. Demmer: Lot 25, Block 4, Commodore's Cove
13731 Tajamar Court;
k. Ms. Maria Sandoval: Lots 13, 14 and 15, Block 3, San Carlos
Addition, 4928 Cynthia Street;
1. Mr. J. W. Elledge: Lot 4, Block 1, West End Heights
2434 Suntide Road;
m. Mr. & Mrs. Emil J. Netek: Lot 13, Block 4, Nottarb Place #2
3817 Saturn Road;
j•
n. Ms. San Juana Villarreal: Lot 54, Block 1, San Juan Addition
9005 Stock Drive.
The first ten properties are located on Padre Island. San Carlos
Addition is located north of Interstate 37, between Calallen and
the Nueces River. West End Heights is north of Interstate 37,
at the intersection of Up River Road and Suntide Road. San
Juan Addition is located south of Clarkwood off Clarkwood Road.
Nottarb Place is south of Saratoga Boulevard and west of Weber
Road.
Council Member Zarsky referred to Nottarb Place, which is located outside
the City limits, and inquired if the City supplied water to that subdivision for
an agreement to annex policy.
City Manager Townsend explained that water is supplied to that
subdivision as a compromise, noting that the Council in office at the time of
development agreed to provide water for Nottarb Place Units 1 and 2 with the
understanding that Unit 3 would be annexed to the City.
15. The Museum budget be amended to continue the temporary position of
Associate Curator for skilled work on exhibit construction in the
north wing through June 15, 1982 and an additional $27,000 be
appropriated from the Museum Bond Fund to reimburse the Museum
budget for the salary. The north wing was constructed as a gift
from an anonymous donor. Exhibits are being constructed as part of
$200,000 of improvements approved in the 1977 bond election. The
position was authorized May 14, 1980, and continued in the budget
through June 15, 1981. Additional exhibit construction to be
completed includes a mural of ranch life, a vignette of Huichol
Indians, and art details and background illustrations for various
exhibits.
Minutes
Regular Council Meeting
June 17, 1981
Page 6
16. Plans and specifications be approved for 184 gear boxes for the
Corpus Christi Marina and bids be received on July 15, 1981.
Bidders will be asked to submit bids for 84 large wooden gear boxes,
and to furnish 100 smaller wood or fiberglass gear boxes. The boxes
were originally bid on January 14, 1981 together with the Peoples
Street T -Head Boat Slip project but were not included in that
contract because of cost. They have since been redesigned to reduce
cost.
Mayor Pro Tem Turner ascertained that no one in the audience wished to
speak on the City Manager's Reports.
Motion by Zarsky that the City Manager's Reports items 1 through 16 be
approved, seconded by Hawkins and passed unanimously.
Mayor Pro Tem Turner called for the consideration of the establishment of
an ad hoc committee to make recommendations regarding long range planning as
it pertains to the Planning Commission.
Motion by Zarsky that the ad hoc committee be established, seconded by
Dumphy and passed unanimously.
*********
Motion by Hawkins that Mayor Luther Jones and Council Members Bob
Gulley and Dr. Charles W. Kennedy be excused for just cause; seconded by
Dumphy and passed unanimously.
**********
Mayor Pro Tem Turner announced the Public Hearing on the following
matter:
Closing Avenue D and a 20' alley in Block 10, Calallen Townsite from
Middle Lane to Mountain Trail. Both of the rights-of-way are unimproved.
Some utility easements would need to be retained and replatting would be
necessary.
City Manager Townsend explained that these rights-of-way are not on the
ground as such and it is located on the old Calallen Townsite.
Mayor Pro Tem Turner called for comments from the audience.
Mr. Lewis Hanna informed the Council that these rights-of-way have not
been used and they want to close them in order that they may replat the lots.
City Manager Townsend recommended that if the rights-of-way are closed,
necessary utility easements be retained.
No one else spoke in regard to this matter.
lutes
.gular Council Meeting
June 17, 1981
Page 7
Motion by Dumphy that the hearing be closed, seconded by Zarsky and
passed unanimously.
Motion by Zarsky that Avenue D and a 20' alley in Lot 10, Calallen
Townsite from Middle Lane to Mountain Trail be closed subject to the retention
of the utility easements and to replatting; seconded by Hawkins; and passed
unanimously.
**********
Mayor Pro Tem Turner called for petitions or information from the audience
on matters not scheduled on the agenda, and there was no response.
*********
City Manager Townsend stated that he would like to discuss the Wooldridge
drainage project. Mr. James K. Lontos, Assistant City Manager, displayed a
transparency of the area involved. He located the Schanen ditch, the
Wooldridge ditch and the land to be drained into the various ditches and
explained the change to the Master Plan which was approved by the City
Council. Mr. Lontos reminded the Council that at the time they approved the
change in the Master Plan, the property owners agreed to dedicate easements
for the establishment of the drainage ditches. He indicated the various
property owners who have dedicated the necessary land and explained that some
property owners have not done so. Mr. Lontos provided information on the
various alternatives open to the City in order to provide the appropriate
drainage in view of the fact that some of the property owners have refused to
dedicate the easements.
Council Member Zarsky suggested that a report be provided the Council
showing the status of the dedications.
City Manager Townsend informed the Council that he was of the opinion
that the simplest thing would be for the City to buy the land necessary for the
pilot channel from Airline to the east and as the land is divided,' the developer
will have to dedicate the balance of the required land. Mr. Townsend
expressed the opinion that possibly this would encourage the property owners
to dedicate the land needed before they can develop their land.
Council Member Zarsky indicated his concurrence with this plan.
City Manager Townsend informed the Council that the City has $340,000
in the Budget for this drainage project and the funds for the pilot ditch could
be provided from this source.
Minutes
Regular Council Meeting
June 17, 1981
Page 8
Council Member Zarsky stated that he would like to have all of the alter-
natives placed in writing in order that the entire Council could act on this
matter. Mr. Zarsky stated that he was under the impression that the property
owners agreed in the Council Meeting some time ago to dedicate the necessary
easements and suggested that the Minutes be checked and those people who had
agreed contacted again. He then suggested that this matter be placed on the
Workshop Agenda after everyone concerned has been contacted.
City Manager Townsend stated that he felt that this matter should be dis-
cussed and a proper letter prepared after the discussion to be sent to the
property owners. He stated that a memorandum containing the summary could
be prepared by next week.
Council Member Dumphy agreed that the Council could make a decision at
that time and asked about an estimated time frame if a decision is made next
week, inquiring if the Council could do anything to assist the subdivision
adjacent to Saraline Drive.
City Manager Townsend stated that he hoped that if the City agrees to
purchase the pilot ditch, the property owners will be reasonable and agree to
dedicate the right-of-way. He pointed out that comdemnation proceedings would
require approximately one year.
Council Member Zarsky stated that he felt that the City should require a
payment if the property owner refused to dedicate right-of-way for drainage
and City Manager Townsend stated that he was not sure that this could be done
legally.
Council Member Zarsky expressed the opinion that it could be worked out
and suggested that the Legal Department study this possibility.
Council Member Dumphy suggested that the offsite utilities committee might
be able to study this drainage matter.
Mayor Pro Tem Turner called for the ordinances. City Manager Townsend
briefly explained the ordinances on the agenda and withdrew one of the zoning
ordinances until the entire Council is present.
Mayor Pro Tem Turner called for comments from the audience on the ordi-
nances and there was no response.
ites
jular Council Meeting
June 17, 1981
Page 9
City Secretary Read polled the Council for their votes and the following
ordinances were approved.
SECOND READING:
AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES
1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-6 OF CHAPTER 36,
PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SO AS TO
PROHIBIT SMOKING IN THE DINING ROOM OF THE LINDALE SENIOR CENTER
BETWEEN THE HOURS OF 11:00 a.m. and 1:00 p.m. (First Reading -
6/10/81).
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Turner, Dumphy, Hawkins and Zarsky voting,
"Aye"; Jones, Gulley and Kennedy, "absent".
THIRD READING - ORDINANCE NO. 16322:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH THE UNITED STATES GOVERNMENT,
DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION FOR THE USE OF SPACE AT EVELYN PRICE
PARK, CORPUS CHRISTI, TEXAS, FOR THE LOCATION OF AN
AIRPORT SURVEILLANCE RADAR STATION, ALL AS MORE
FULLY SET FORTH IN LEASE NO. DTFA07-81-L-01068, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A". (First
Reading - 6/3/81, Second Reading - 6/10/81).
The foregoing ordinance was read for the third time and passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
THIRD READING - 16323:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT WITH THE UNITED STATES GOVERNMENT, FEDERAL AVIATION
ADMINISTRATION, LEASE NO. DTFA07-80-L-01223, AND SUPPLEMENTAL
AGREEMENT NO. 1 FOR THE USE OF APPROXIMATELY .2 OF AN ACRE IN
OVERLAND MEADOWS PARK FOR USE AS AN OUTER MARKER SITE AND
ACCESS ROAD FOR RUNWAY 13 AT CORPUS CHRISTI INTERNATIONAL
AIRPORT, AND FOR UTILITY EASEMENT TO THE SITE FROM THE NORTHERN
EDGE OF THE PARK, FOR A TERM BEGINNING JUNE 11, 1980 AND ENDING
SEPTEMBER 30, 1980, WITH THE PROVISION THAT THE GOVERNMENT MAY
RENEW THE LEASE ANNUALLY BUT NOT BEYOND SEPTEMBER 30, 2000, ALL
AS MORE FULLY DESCRIBED IN THE LEASE AND SUPPLEMENTAL AGREEMENT,
A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBITS "A" AND "B". (First Reading - 6/3/81;
Second Reading - 6/10/81).
The foregoing ordinance was read for the third time and passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
THIRD READING - ORDINANCE NO. 16324:
AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO.
NA81WBF00095 WITH THE UNITED STATES GOVERNMENT FOR APPROXIMATELY
1,663 SQUARE FEET OF SPACE LOCATED ON THE SECOND FLOOR OF THE
TOWER BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR THE
USE OF THE UNITED STATES WEATHER SERVICE, FOR THE PERIOD OF JULY
1, 1981 TO SEPTEMBER 30, 1981 AND RENEWABLE ON AN ANNUAL BASIS AT
THE OPTION OF THE GOVERNMENT, NOT TO EXTEND BEYOND SEPTEMBER
30, 1986, FOR AN ANNUAL RENTAL OF $6,713.98, 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". (First
Reading - 6/3/81, Second Reading - 6/10'81).
Minutes
Regular Council Meeting
June 17, 1981
Page 10
The foregoing ordinance was read for the third time and passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16325:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH L & M
METAL FABRICATORS FOR REPAIR OF HURRICANE ALLEN ROOF DAMAGE TO
THE HANGAR BUILDING AT BILL WITT PARK; APPROPRIATING $22,000 OUT
OF THE NO. 291 PARK BOND FUND OF WHICH $19,432.16 IS FOR THE
CONSTRUCTION CONTRACT AND $2,567.84 IS FOR ADDITIONAL
ENGINEERING, LEGAL ADVERTISING AND CONTINGENCY EXPENSES RELATED
TO PROJECT NO. 291-77-9.1, BILL WITT PARK HANGAR ROOF REPAIR; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16320:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF:
Cain Drive, from South Staples Street to Everhart Road.
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT
TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY
SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK,
NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW
SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16321:
APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE
DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING
ESTIMATES OF THE VARIOUS COST FOR THE IMPROVEMENT OF THE
FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS:
Cain Drive, from South Staples Street to Everhart Road;
DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND
ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE
PAID BY THE CITY OF CORPUS CHRISTI, DETERMINING THE NECESSITY FOR
LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY: ORDERING
AND SETTING A HEARING TO BE HELD ON JULY 15, 1981; AT 7:00 P.M. IN
THE BLANCHE MOORE ELEMENTARY SCHOOL CAFETERIA, 5426 WILLIAMS
DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO
GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE
OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16326:
AMENDING RESOLUTION NO. 13691, PASSED AND APPROVED BY THE CITY
COUNCIL ON MARCH 2, 1977, BY ADDING THE FOLLOWING STREET TO THE
URBAN SYSTEM PROGRAM AS ADMINISTERED BY THE STATE DEPARTMENT
OF HIGHWAYS AND PUBLIC TRANSPORTATION:
r"RROLL LANE, SOUTH STAPLES STPEET TO TIGER LANE (INCLUDING
'JRFACING MULBERRY STREET AND INSTALLATION OF A WATER LINE
Al STAPLES TO GOLLIHAR);
tes
alar Council Meeting
June 17, 1981
Page 11
ADOPTING STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION MINUTE ORDER NO. 78512, DATED MAY 20, 1981,
PERTAINING TO THE ABOVE STREET; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16328:
APPROPRIATING $17,008 OUT OF THE NO. 291 PARK BOND FUND TO
SUPPLEMENT $19,000 PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 15636
(JULY 16, 1980) FOR ENGINEERING SERVICES RELATED TO THE
CONSTRUCTION OF ADDITIONAL 1 BOAT SLIPS IN THE CORPUS CHRISTI '
MARINA PROVIDED BY OGLETREE, GUNN & ASSOCIATES APPLICABLE TO
PROJECT NO. 291-77-5, MARINA IMPROVEMENTS: AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye" • Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16329:
AMENDING ORDINANCE NO. 16296, APPROVED BY THE CITY COUNCIL ON
JUNE 3, 1981, WHICH AUTHORIZED A CONTRACT WITH HELDENFELS
BROTHERS, INC., FOR THE DOWNTOWN LANDSCAPING AND DRAINAGE
IMPROVEMENTS PROJECT AND APPROPRIATED $725,000 FOR THE PROJECT,
BY CORRECTING THE DESIGNATION OF FUND SOURCES FOR THE CONTRACT
AWARD; APPROPRIATING $725,000, OF WHICH $571,650.08 IS OUT OF THE NO.
162 FEDERAL/STATES GRANT, DEPARTMENT 152, ACTIVITY 807.04, CODE
502, SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AND $153.349.92
IS OUT OF THE NO. 295 STORM SEWER BOND FUND OF WHICH AMOUNT
$695,877 IS FOR THE CONSTRUCTION CONTRACT AND $29,123 IS FOR
ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND
RELATED EXPENSES APPLICABLE TO PROJECT NO. 295-77-2, DOWNTOWN
IMPROVEMENTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16330:
REPEALING ORDINANCE NO. 16273, PASSED AND APPROVED MAY 27, 1981;
APPROPRIATING $6,411.37 OUT OF PARK TRUST FUND 111 AND $73,052.38
OUT OF PARK BOND FUND NO. 291 TO SUPPLEMENT PREVIOUS
APPROPRIATION OF $3,484.17 FOR A TOTAL OF $82,947.92 FOR
REIMBURSEMENT TO THE GENERAL FUND NO. 102, ACTIVITY 4122-603 FOR
WORK ACCOMPLISHED AT THE FOLLOWING PARKS:
a. Patterson f. Laguna
b. Ridgewood g. Elgin
c. Congress h. H.E.B.
d. Mobile i. Los Encinos
e. Snead
AND DECLARING AN EMERGENCY.
The Charter Rule Was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent". -
Minutes
Regular Council Meeting
June 17, 1981
Page 12
ORDINANCE NO. 16331:
AMENDING THE CORPUS CHRISTI CITY CODE , 1976 REVISION,
AS AMENDED, BY AMENDING DIVISION 3. PRIVATE, DRIVEWAYS, SECTION
49-42 SPECIFICATIONS, REVISING SUBSECTION (3), PROVIDING FOR THE
CONSTRUCTION OF CONCRETE DRIVEWAYS CONNECTING TO STREETS THAT
DO NOT HAVE CONCRETE CURB AND GUTTER, BASED ON THE NEED FOR
THE STRUCTURAL STRENGTH TO SUPPORT THE ANTICIPATED VEHICLE
LOADS; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16232:
CONFIRMING THE APPOINTMENT OF DR. LARRY W. MAGNUSON TO THE
POSITION OF CITY PHYSICIAN BY THE CITY MANAGER, PURSUANT TO CITY
CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye",
ORDINANCE NO. 16333:
APPROPRIATING FROM THE NO. 263 MUSEUM BOND FUND THE SUM OF
$27,000 FOR REIMBURSEMENT OF THE CORPUS CHRISTI MUSEUM BUDGET;
AMENDING THE BUDGET OF THE CORPUS CHRISTI MUSEUM SO AS TO
PROVIDE FOR CONTINUATION OF THE SALARY OF FRED ORCHARD, ARTIST
AND TEMPORARY ASSOCIATE CURATOR, FROM JUNE 15, 1981 THROUGH JULY
31, 1982, FOR THE PURPOSE OF COMPLETION OF ILLUSTRATIVE ART WORK
IN EXHIBITS AND IN THE EXHIBIT AREA, PROJECT NO. 263-77-1, CORPUS
CHRISTI MUSEUM --COMPLETION OF EXHIBIT SPACE IN THE NORTH
BUILDING; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
RESOLUTION NO. 16334:
RESOLUTION EXPRESSING APPRECIATION TO MRS. PAT DUAINE FOR HER
MANY CONTRIBUTIONS TO OUR COMMUNITY AND COMMENDING HER FOR HER
ASSISTANCE IN THE APPREHENSION OF A BURGLAR SUSPECT ON JUNE 1,
1981; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
Gulley and Kennedy, "absent".
ORDINANCE NO. 16335:
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, PASSED AND APPROVED ON THE 29TH
DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED
TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW
SUBSECTION, TO BE NUMBERED 31-5.31 SETTING FORTH ZONING CLASSIFI-
CATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY
OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS A PORTION OF
FARRELL J. SMITH 225.2 ACRE TRACT OF LAND, OUT OF THE MARIANO
LOPEZ DE HERRERA GRANT MORE FULLY DESCRIBED HEREINAFTER IN
NUECES COUNTY, TEXAS: REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR PUBLI_ CATION; AND DECLARING AN
EMERGENCY.
Charter Rule was suspended and the foregoing ordinance passed by the
ging vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones,
t.....iey and Kennedy, "absent".
utes
.gular Council Meeting
June 17, 1981
Page 13
*********
Mayor Pro Tem Turner referred to a Letter received from Mr. Guy Watts in
which he requested the Council to make an exception from the charge necessary
for opening various schools in order for them to continue the basketball
program. City Manager Townsend stated that he would like to have staff
information on this matter before the Council acts on it.
City Manager Townsend informed the Council that Mr. Mike Kendrick plans
to address the Council on the PPG Industrial District contract. He explained
that the problem is that the official from PPG has already signed the original
contract; the Council approved a number of changes after that document was
signed; and PPG does not wish to sign another contract. He pointed out that
this could affect many other contracts.
Mayor Pro Tem Turner announced the public hearings on four zoning
applications.
City Manager Townsend announced the public hearing on Application No.
581-8, Messrs. Ted Anderson and Randall Thurman, for change of zoning from
"I-2" Light Industrial District to "A-2" Apartment House District on Tracts A
and B, Tract A being the east 130' of Lot 1, Block A, and Tract B being Lot
4, Block A, both Tracts out of the Kibby Industrial Subdivision located to the
south of Jean Street and on the southwest corner of Brett Street and Jean
Street.
City Manager Townsend informed the Council that the Planning Commission
recommends denial of the request on Tract A and approval on Tract B and the
Planning Staff recommends approval. He stated that in response to the notices
of the public hearing, two in favor and three in opposition have been returned.
Mr. Townsend also informed the Council that the owner of the tract of land
known as Tract A has filed a letter to withdraw his application for change of
zoning or that the request be denied.
Chief Planner Larry 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 stated that the owners plan to build an apartment complex.
Minutes
Regular Council Meeting
June 17, 1981
Page 14
Mayor Pro Tem Turner invited the applicant to speak at this time.
Mr. Claude Arnold, Dinerstein Builders, stated that his company owns the
apartment complex on Brett Drive. He agreed to the denial of zoning on Tract
A as long as they obtain approval of the change of zoning on Tract B. Mr.
Arnold expressed the opinion that the traffic would not be a noise problem in
this area and informed the Council that they plan the construction of
apartments at each end of Tract B, with the land directly over the landfill in
the middle of the Tract to be included in a feasibility study.
Mr. Jim Rehler, representing Mr. Randall Thurman, the other applicant
who owns Tract A, explained that a real estate company had pursuaded Mr.
Thurman to sign the request for a change of zoning, but evidently their plans
have not materialized and indicated that that is the reason Mr. Thurman would
like to have his portion of the request denied.
Mr. Sam Allen stated that he owns property just outside the 200' area of
property owners to be notified but expressed his concern about the amount of
traffic that will be generated if so many apartments are constructed. Mr. Allen
referred to a previous hearing on a zoning case in this area at which time there
was a great deal of discussion about the street, the right-of-way and the
bridge, and the developer's proposal to put in the right-of-way and the street
on this project is very good, but until such time as the City actually builds on
the bridge, there is going to be a compounded traffic problem if the zoning for
apartments is approved.
City Manager Townsend agreed that such a project would be a priority
item for the next capital improvement program, and stated that it has been the
Staff's recommendation that the extension of Tiger Lane from the deadend of
Corona Street through the Atrium Project, the McBride property and the other
properties involved is a priority item for the next bond program. Mr.
Townsend then explained the drainage in the area of Weber Road and this
project area and informed the Council that the City had no intention of building
a bridge over the drainage ditch but instead there would be a concrete
drainage box from Weber through the project being discussed.
Council Member Zarsky inquired about the cost of such an improvement,
and City Manager Townsend replied that he would obtain this figure, but he
thought it was in the area of $200,000.
-.utes
jular Council Meeting
,ane 17, 1981
Page 15
Mayor Pro Tem Turner asked about the consequences if this is not
approved in the capital improvement program.
City Manager Townsend indicated that that was the applicant's concern and
the developer of the project must take that risk, unless there is some firm
agreement to proceed with the project. He stated that the property owner
could do this but the cost would be quite large. He continued by explaining
that the Staff has been attempting to persuade the owners of other property to
dedicate the right-of-way and to actually get the dedication made, but this has
not been done.
Mr. Arnold assured the Council that they plan to install the road almost
immediately.
City Manager Townsend pointed out to the Council that this is tied to the
platting process and the property must be platted. City Manager Townsend
then explained the complexities of the drainage box. He also stated that, at
some point, in order to relieve the traffic situation, the City is going to
recommend the prohibition of left turns at Brett Street and Weber Road because
of a very dangerous traffic situation at this location. He stated that there is a
need for a median island to eliminate that kind of movement.
Assistant City Manager James K. Lontos arrived in the Council Chamber
and stated that the connection of this property to Weber Road would cost $100
per foot for the drainage and about $150 per foot for the street connection, or
$250 per foot.
City Manager Townsend interjected that this would be over 200 feet and
the Staff recommendation is that the road go all the way through to Everhart
and Padre Island Drive.
Mayor Pro Tem Turner made the observation that the Planning Commission
and the Planning Staff both recommend that the zoning of "A-2" for Tract B be
granted even with a number of problems associated with this.
City Manager Townsend agreed with her statement but pointed out that it
is also the Staff's recommendation that the street be opened. He stated that
since approximately 200 feet is involved, the cost would be about $62,000 but
mentioned other costs that would be involved for rearrangement of traffic
lights, etc.; therefore, it would be somewhat more.
Minutes
Regular Council Meeting
June 17, 1981
Page 16
Council Member Zarsky commented that in the event the Staff determines
that this project would cost about $60,000, he wondered if funds could be
obtained from the Street Fund because otherwise he would not be in favor of
approving the requested zoning until this street and drainage matter is
resolved.
City Manager Townsend explained that the Staff could not certify that
every street improvement project in the 1977 bond program has been
accomplished; it is the Staff's judgment that it is virtually accomplished; the
City receives about $50,000 a month in paving assessments; and the interest
earnings in addition to that are available, and if the Council decides that of the
various street needs, this has priority, then money for this project could
emanate from that source.
Council Member Zarsky stated that he would like to have this street
opened between Weber Road and Everhart so that this project could go forward.
No one else spoke in regard to this zoning matter.
Motion by Zarsky that the hearing be closed, seconded by Hawkins and
passed unanimously.
Motion by Zarsky that the Council approve the zoning of "A-2" on Tract B
of this application and deny the request on Tract A with the stipulation that
the street be installed as recommended by the Staff and dedications made as
indicated; seconded by Dumphy.
City Manager Townsend explained that if the Council desires to tie the two
items together, the appropriate motion would be to table the zoning case,
instruct the Staff to take certain actions pertaining to this street, and then act
on the zoning case.
Council Member Zarsky then withdrew his motion to approve zoning and
Council Member Dumphy withdrew his second to the motion.
Motion by Zarsky to table this zoning application, seconded by Hawkins
and passed unanimously.
City Manager Townsend posed the question as to whether or not a public
hearing to open a street, as required by the Charter, would be necessary on
this street. He then stated that since this was included in the Master Plan and
it has been adopted after a public hearing this would constitute the required
public hearing on opening this street.
lutes
gular Council Meeting
June 17, 1981
Page 17
City Manager Townsend explained that the project is intended to go
through on top of the ditch; it will have some impact on the apartment house
next to this tract; and if there is a road through there the situation of the
adjacent apartment building would be improved as far as their parking lot and
exit is concerned. He informed the Council that it would be possible for them
to instruct the Staff to construct the road over the drainage box without
dedication of additional right-of-way.
Motion by Zarsky that the street be opened, seconded by Dumphy.
City Manager Townsend then informed the Council that the cost of getting I
the drainage box over to the street that the developer is planning to build and
making the other improvements would be about $200,000.
Council Member Zarsky pointed out that there is still a question as to
whether or not the City could do this without a bond issue, and City Manager
Townsend explained that if this is the only change in the street program that
the Council desires to make, it would be possible to accomplish this.
Council Member Zarsky expressed the opinion that he thought it would be
appropriate to move forward on this, and City Manager Townsend explained that
the motion should be to bring forth plans and specifications to connect Tiger
Lane to the street being required as a part of this plat.
Council Member Zarsky then amended his original motion to include the
requirement that the existing property owners would provide the remainder of
the street, seconded by Dumphy and passed unanimously.
Motion by Zarsky to untable the motion to table Application No. 581-8,
seconded by Dumphy and passed unanimously.
Motion by Zarsky that the Council concur with the recommendation of the
Planning Commission and grant the zoning of "A-2" on Tract B and deny the
zoning on Tract A, seconded by Dumphy and passed unanimously.
*********
City Manager Townsend announced the public hearing on Application No.
581-9, Diocese of Corpus Christi, from "R -1B" One -family Dwelling District to
"AB" Professional Office District on Our Lady of the Pilar Tract, containing
three acres located on the south side of Bloomington Street approximately 112'
east of Yolanda Drive. He stated that the Planning Commission recommends
denial but in lieu thereof a Special Permit be approved to allow the rebuilding
Minutes
Regular Council Meeting
June 17, 1981
Page 18
of the classrooms destroyed by the Hurricane and that the standard screening
fence be waived, and the Planning Staff recommends denial. He stated that in
response to the notices of the public hearing, three in favor and none in
opposition had been returned.
Mayor Pro Tem Turner ascertained that no one wished to speak in regard
to this zoning application.
Motion by Zarsky that the hearing be closed, seconded by Hawkins and
passed unanimously.
Motion by Zarsky that the Council concur with the recommendation of the
Planning Commission and deny zoning of "AB" but in lieu thereof that a Special
Permit be approved subject to the conditions included in their recommendation;
seconded by Hawkins; and passed unanimously.
**********
City Manager Townsend announced the public hearing on Application No.
581-10, Paul F. Woodruff, D.D.S., for change of zoning from "R-2" Multiple
Dwelling District to "AB" Professional Office District on Lots 56, 57 and 58,
Block 808, Port Aransas Cliffs, located on the south side of Alameda Street
approximately 150' north of Angel Avenue.
City Manager Townsend informed the Council that the Planning Commission
recommends denial but in lieu thereof that a Special Permit be approved for a
dentist's office with a waiver of the standard screening fence along the south
property line and subject to an approved site plan and that the Planning Staff
recommends denial on the basis that these properties are located in an "R-2"
area containing rental units. Mr. Townsend stated that in response to the
notices of the public hearing three in favor and none 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, showed slides of the area, and
stated that the prospective purchaser of the property plans the renovation of
the residence to a professional office for the practice of dentistry.
Paul F. Woodruff, D.D.S., stated that the residence would be completely
remodeled to a professional office, but the character of the neighborhood would
not be changed that much.
. f lutes
,gular Council Meeting
June 17, 1981
Page 19
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 Dumphy that the Council concur with the recommendation of the
Planning Commission and deny the zoning of "AB" but in lieu thereof approve a
Special Permit subject to an approved site plan and with a waiver of the
standard screening fence along the south property line; seconded by Hawkins;
and passed unanimously.
City Manager Townsend announced the public hearing on Application No.
581-13, Mr. George B. Gaines, for change of zoning from "R -1B" One -family
Dwelling District with "SP" Special Permit to "B-4" General Business District on
Lot 9, Block 6, Woodlawn Estates, located on the west side of Woodlawn Drive,
approximately 230' south of South Padre Island Drive.
City Manager Townsend stated that the Planning Commission recommends
denial and in lieu thereof approval of a Special Permit for storage units, and
the Staff would not be opposed to a revised special permit but would be
opposed to the "B-4" zoning.
Mayor Pro Tem Turner invited the applicant to speak.
Mr. George B. Gaines stated that this application is really not a change,
but the original plan indicates that the buildings would be about 12' apart and
they now propose to build two smaller buildings and they therefore had to
submit this request for a change of zoning so that they can make the change on
their site plan. He stated that the property owners in opposition to this
request are opposed to "B-4" zoning, but he was of the opinion that they are
not opposed to the changed special permit. He noted that the traffic will be
less than if the larger buildings were constructed.
No one else spoke in regard to this zoning application.
Motion by Hawkins that the hearing be closed, seconded by Dumphy and
passed unanimously.
Motion by Dumphy that the Council concur with the recommendation of the
Planning Commission to amend the special permit as requested, seconded by
Hawkins and passed unanimously.
Minutes
Regular Council Meeting
June 17, 1981
Page 20
*********
Mayor Pro Tem Turner again called for petitions or information from the
audience on matters not scheduled on the agenda.
Mr. Sam Allen, speaking as a member of the Traffic Safety Advisory
Board, informed the Council that a hearing was conducted during one of their
meetings to discuss the possibility of raising the parking meter rates in the
Central Business District. He stated that the board considered the plan as
presented by the Traffic and Transit Staff and recommended the plan. Mr. '
Allen then inquired as to why this has not been presented to the Council for
further action.
City Manager Townsend explained that he has not seen the report yet or
the recommendation from the Staff in regard to the parking meter rates.
Mr. Allen informed the Council that the report recommended doubling the
rates of the parking meters; the Central Business District has not taken an
official position; but he felt sure that they would support this since cars are
parked all day at the same meter and the recommended increase would hopefully
discourage this practice.
City Manager Townsend informed the Council that the question of a staff
recommendation will be made as soon as a report is available. He stated that he
did not agree with the recommendation except as it involves the uptown area,
but he was of the opinion that the rate should be increased about three times
as high as it is now to discourage people from parking all day at the same
meter. He expressed the opinion, however, that the retail businesses located
in the downtown area would not agree to this and stated that he would like to
see the mailing list of those who were notified that this was being considered
by the Traffic Safety Advisory Board.
Council Member Dumphy stated that he would like to see an update of the
status of this recommendation.
Mr. J. E. O'Brien, 4130 Pompano, expressed interest in Council Member
Zarsky's comment during the morning workshop meeting that the Water
Department is a profit making department. He also complimented Mayor Pro Tem
Turner for voting against issuing tax exempt bonds for the Corpus Christi
Industrial Development Corporation's assistance for the Holiday Inn, because he
felt that this kind of sale places the City in a position of competing for the sale
Minutes
'.egular Council Meeting
ane 17, 1981
gage 21
of their own bonds and the taxpayers must pay the
O'Brien then referred to the proposed bond sale
Manager's statement that if Proposition 14 had not
would have been lower. He also questioned the City
selling all of the bonds during the preceding bond
interest rates will be higher this time.
Council Member Dumphy reminded Mr. O'Brien that at the time the Council
was contemplating the sale of bonds, he and other members of '"the TAxpayers
Association_urged-that the bonds not even be sold.
City Manager Townsend agreed with Mr. Dumphy's statement that the
-Taxpayers Association had urged that all of the bonds not be sold. Mr.
Townsend then explained his statement in regard to -the bond ratings and noted
that if the City is able to retain their Aa rating from Standard & Poors, He
would consider that very fortunate. He informed Mr. O'Brien that Moody's
rating service had assumed that Proposition 14 would be challenged in court or
they may have lowered their rating. City Manager Townsend also answered Mr.
O'Brien's question in regard to a so-called "profit" in the Water Department and
cost of such bonds. Mr.
and questioned the City
passed, the interest rate
Manager's judgment in not
sale, since obviously the
pointed out that the profit referred to does not even take into consideration
debt service.-_ He denied that the water system has $8 million dollars because
out of this amount, - it is necessary to pay treatment service, money for the
CHoke Canyon Dam and many other expenses, including administrative costs.
He explained that the only question involved during the discussion was whether
or not some payments should be transferred to the general fund. He reiterated
that there is no profit in the system and the only question is whether the two
payments in lieu of franchise fee and taxes should be paid out of this fund.
He then explained the operation of the Water Fund.
Mr. Mike Kendrick, 1020 Bank & Trust Tower, attorney representing PPG
Industries, questioned why that company's contract has not been signed. He
stated that he realized that the staff wanted all of the contracts to he the same
but PPG had previously signed a contract approved earlier, and he did not
think that they would agree to sign an amended contract.
City Manager Townsend explained that the contracts that he has authority
to .;ign are the ones that incorporate all of the amendments, and in order for
him to sign the previously executed contract, the Council needs to rescind
those amendments in order to make this legally possible. '
Minutes
Regular Council Meeting
r` June 17, 1981
Page 22
Mr. Kendrick reiterated that PPG wants their original contract approved
and signed and stated that he would like to amend the contract at a later date.
City Manager Townsend agreed to this.
Motion by Dumphy that the Council approve the original PPG contract;
seconded by Zarsky and passed unanimously.
*********
City Manager Townsend referred to the matter discussed earlier in the
meeting in regard to the fee that children have to pay to have centers opened
in order for them to play basketball. He stated that they had checked and
ascertained that the fee being charged is the same as that paid at the other
centers.
Mr. Toni—Utter, Assistant City Manager, informed the Council that Mr.
Watts has worked with the Parks & Recreation Department in the basketball
program; there are no volunteers who open the centers from 4:00 to 8:00 p.m.
four nights a week; it is necessary for a staff person to do this; there are
some volunteers who are coaching the teams; but none of them open the
building:
Council Member Hawkins inquired if the staff was lttloking at the possibility
of exceptions, and City Manager Townsend replied that the staff- is doing ,so.
- Council Member Turner suggested that Mr. Utter discuss this with Mr.
Watts.
Mr. Utter agreed and stated that he would have a report on this next
week.
City Secretary Read reminded the Council of the Texas Municipal League
Region 11 Meeting to be conducted in Kingsville at Henrietta King Center on
Thursday, June 25 at 6:00 p.m. and ascertained that Mayor Pro Tem Turner,
Council Members Dumphy, Hawkins and Zarsky would be able to attend.
There being rio further business to come before the Council, on motion by
Zarskv, seconded by Hawkins and passed unanimously, the meeting was
adjourned at 4:55 p.m., June 17, 1981.