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HomeMy WebLinkAboutMinutes City Council - 09/02/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 2, 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, Jr. Dr. Charles W. Kennedy Cliff Zarsky City Manager Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read OO t O Q—` . Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Dennis Van Deventer of the Church of God, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following proclamations: "STANLEY G. COHEN DAY" - September 1, 1981; and "JERRY LEWIS ANNUAL MUSCULAR DYSTROPHY TELETHON DAYS" - September 6 and 7, 1981. Mayor Jones explained that Mr. Cohen had been selected as "Boss of the Year". Motion by Zarsky that the Minutes of the Regular Council Meetings of August 5, 1981, August 12, 1981, August 19, 1981 and August 26, 1981 be approved as presented; seconded by Kennedy; and passed unanimously. Mayor Jones then administered the oaths to new Board and Committee appointees. ********** MigiffiLMED SRP 1 9 1984 Minutes Regular Council Meeting September 2, 1981 Page 2 a Mayor Jones announced consideration of confirmations of actions taken during the Workshop Meeting of September 2, 1981. 1. That public hearings be held on September 15, 16, and 17 on the question of annexation of seven areas identified as Study Areas A through G. 2. Request the Port Authority respond in writing to the Hitox Corporation's request regarding annexation. Motion by Zarsky that the foregoing actions be confirmed, seconded by Turner, and passed unanimously. ********** ' Mayor Jones announced the bid opening on the following engineering project: Swantner Park Improvements consist of an access road and a 50 space parking lot at the north end of the park, a 15 space parking lot at the south end, 2 fish cleaning facilities, bicycle path, water lines, grading and sealing and minor repair work as a result of Hurricane Allen. The improvements are part of the 1977 bond program and include some Hurricane Allen repairs. Assistant City Manager James K. Lontos opened bids on this project from the following companies: Heldenfel Brothers, Incorporated, King Construction, APPCO, M & M Construction Company, Inc., Claude Chapman Construction Company, Martin Masonry, and A. Ortiz Asphalt Company. Mr. Lontos noted that the Martin Masonry bid was incomplete in that they did not bid all of the items included in the project but only bid items A9, C1 and C2; therfore, this bid would not be considered. Mayor Jones expressed appreciation to all of the bidders who had submitted bids and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. ********* Mayor Jones called for the City Manager's Reports. City Manager Marvin Townsend presented the following items with related comments and explanations and recommended that: 1. Bids be received September 22, 1981 for a twelve months supply of approximately 6,000 feet of black and galvanized pipe. tutes agular Council Meeting September 2, 1981 Page 3 2. A replacement 18 horsepower track mounted trencher with trailer be purchased for the Gas Division from Case Power & Equipment Company, Corpus Christi, based on the only bid received of $10,850. The present unit was purchased in 1975. 3. Three replacement ice machine cubers and a storage bin for the Gas Division be purchased on the basis of low bid of $8,873 from Storecraft, Inc., Corpus Christi. Three bids were received. The present unit was purchased in 1973. 4. Twelve month supply of approximately 1,074 automotive and 281 commercial batteries for Maintenance Services, Transit and Fire be awarded on the basis of low bid as follows: Southland Battu Warehouse, Inc., Corpus Christi Automotive Batteries $41,236.15 Texas Battery Service, Corpus Christi Commercial Batteries $20,549.95 Total $61,786.10 The Southland bid is recommended on the automotive batteries even though it is subject to price fluctuation. The low firm price bid, submitted by Texas Battery, of $45,345.24 is 10% more than Southland's. The last available Producers Price Index for batteries shows only a 3% increase from May, 1980 through May, 1981. Texas Battery bid on the commercial batteries is firm. The apparent low bids submitted by International Battery and Southland Battery of $20,461.34 and $20,544.97, respectively, are subject to price escalation and less than 1% lower than the bid of Texas Battery. Bids were received from 5 firms. Price comparison shows an increase of 29% since the last contract awarded on July, 1979. 5. An agreement with Del Mar College to employ eligible students in the work-study program be renewed for 1981-82. Students will be employed in various departments from 12 to 15 hours per week and be assigned to areas consistent with their academic background. The approximate City cost per student will be $150 per semester which will be provided from existing salary appropriations as positions are vacant. The number of students has varied over the past year with an average of eight students employed per semester. Mayor Pro Tem Turner inquired as to the reason the City is involved in this program. City Manager Townsend explained that the City is an eligible employer; the staff feels that such employment will assist any students who might become future permanent City employees; the students will perform work in the absence of regular employees; and the funds for this program will come from salary balances of employees who are on leave of absence without pay. Mr. Townsend then requested that Mr. Rick Mertz, Administrative Assistant, further explain the program. Minutes Regular Council Meeting September 2, 1981 Page 4 Mr. Mertz informed the Council that the students are from low income levels and are certified as to eligibility by Del Mar College; they are paid minimum wage; the College pays 80% of their salaries; the City pays 20%; they work approximately 12 hours per week; and only public agencies participate in this program. 6. The following recommendations of the Traffic Safety Advisory Board be approved: a. Parking be prohibited between the hours of 7:30 - 10:30 a.m., school days only, on both sides of the 200 block of Glendale Street. This action was petitioned by the residents on Glendale Street to control overflow Del Mar College student parking which blocks the 28 -foot wide street. b. Parking be prohibited between the hours of 7:00 a.m. and 4:00 p.m. on both sides of Carroll Lane from Panama Drive to Lynwood Lane, and on the north side of Panama Drive east for a distance of 250 feet from Carroll Lane. This action was requested by Kostoryz Elementary School to improve traffic safety during school hours. c. Parking be prohibited at all times on the west side of Ocean Drive from Robert Drive south for a distance of 500 feet. This action is requested by the abutting Ocean Palms Apartment Complex to clear the view of motorists exiting the apartment complex onto Ocean Drive. 7. The bait stand lease for J.F.K. Marina, formerly Graham's Bait Stand, be renewed with Mr. Bobbie D. Graves for 19 years. The bait stand is located on state owned land on the Kennedy Causeway. Mr. Graves has repaired the facilities using a fifteen year loan from the U. S. Small Business Administration, and has applied for a permit to construct 10 additional piers and a turning basin for sport fishing boats. Mr. Graves has agreed to pay rent of $150 per month beginning in January, 1982. The rent would be renegotiable every two years, with the City having the right to increase the rent up to 25% at the end of each two year period. The rent is now $90 per month. One-third of the rent is remitted to the School Land Board from whom the City leases the property, and one-fourth is placed in an interest -leaving account for planning and constructing public improvements in the area. 8. The Greenwood Drive Softball Complex Parking Lot expansion be accepted and final payment of $22,094.69 for a total of $52,896.65 be made to Isles Construction Company. This 1977 bond project consisted of constructing a 57 space parking lot to supplement existing parking. The contractor exceeded the allotted 25 working days by two days. Because of extra work and utility delays, a two day extension is recommended. 9. A public hearing be held September 30, 1981 on paving assessments for short sections of Mestina and Artesian Streets on the west side of the County Courthouse. 140 feet of Mestina Street and 125 of Artesian Street do not have curb and gutters and were not included in the Courthouse Area Street Improvement project. Proposed construction of curbs and paving improvements will complete the area streets and thus improve the neighborhood. It is recommended that the work be included in the Nueces County Courthouse Area Street Improvement project by change order. The cost of these improve- ments is estimated at $6,800 with property owner assessments estimated at $6,693.76. lutes .gular Council Meeting September 2, 1981 Page 5 City Manager Townsend explained that these are two streets that were inadvertently omitted from the Courthouse Street Improvement project. 10. The following actions be taken regarding Timbergrove Lane Improvements: a. The final asessment roll be adopted which includes assessments of $51,603.62 on 49 parcels. This is $1,351.53 less than the preliminary assessment roll due to driveway changes requested by property owners. b. The project be accepted and final payment of $22,561.96, for a total of $225,445.99, be made to B & E Construction Company. c. An additional $8,993.76 be appropriated for contract overruns due to additional concrete sidewalk which had to be poured to maintain a consistent transition from sidewalks to driveways. Timbergrove Lane was widened to 28' with concrete curb, gutter, driveways and sidewalks from near White Oak Lane to Violet Road in the Annaville area. 11. Emergency repairs to a 1974 self elevating scraper by the authorized dealer, B. D. Holt Company, at an estimated cost of $6,617.35 be noted. The machine is used to excavate trenches and cover garbage at the sanitary landfills. The repair work includes replacing the elevator chains and repairing chain idlers. There were no comments from the audience on the City Manager's Reports. Motion by Turner that the City Manager's Reports, items 1 through 11, be approved; seconded by Zarsky; and passed unanimously. ********* Mayor Jones announced the consideration of a timetable of hearings and other actions leading to a November 3, 1981 election regarding annexing certain developed areas. City Manager Townsend stated that he would like to delay this item until sites for the public hearings can be obtained. Discussion followed in regard to the sites where the hearings might be held. City Manager Townsend informed the Council that they can expect the most opposition to the proposed annexation from business and commercial firms and their employees. He also made the comment that the voter turnout for annexation elections are traditionally very low and most of the people voting will be those who are directly affected by the proposed annexation such as business firms and their employees. Council Member Zarsky suggested that the areas should be divided when listed on the ballot because some areas obviously should be annexed and there will be very little opposition and others may not be approved by the voters. Minutes Regular Council Meeting September 2, 1981 Page 6 City Manager Townsend explained that when the Council calls the election as many as four propositions may be listed. He explained that the staff recommends conducting two public hearings on Tuesday, September 15 and two public hearings on Thursday, September 17, all of which will be in the areas to be considered for annexation. Motion by Turner that the four hearings as recommended in the areas proposed for consideration of annexation be conducted; seconded by Zarsky; and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. ********** Mayor Jones called for consideration of the following item: Consideration of an agreement to contract providing the terms and conditions for construction of an aquarium on the Peoples Street T -Head and a 20 year lease for its operation. The lease would become effective on the day the aquarium is open to the public. City Manager Townsend informed the Council that he would like to withdraw this item at this time. Motion by Turner that this item be postponed until next week, seconded by Gulley, and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. ********* Mayor Jones called for consideration of the following matter: Consideration of a Special Evaluation Session be held on Wednesday, September 23, at 11:00 a.m., concerning the progress of Athena Cablevision of Corpus Christi, Inc. in meeting their commitments. As providedd in the franchise, the session will be open to the public and announced in a newspaper through a legal notice. Athena is required to notify its subscribers of the Session by announcement on at least two system channels between 7:00 p.m. and 9:00 p.m. for five consecutive days prior to September 23rd. City Manager Townsend informed the Council that he would like to have some direction from them in regard to the type of evaluation session they would like to have on Athena Cablevision and whether or not they want the public to comment. Mayor Jones expressed the opinion that the public hearing with public comment should not be conducted until the Council has had an opportunity to assess Athena Cablevision's performance. lutes .gular Council Meeting September 2, 1981 Page 7 Mayor Pro Tem Turner stated that she would like to have an objective report on the progress of Athena. Mr. Mertz stated that there have been problems with the company in response time as prescribed in the franchise ordinance in that they are not answering calls or complaints as quickly as they should be. City Manager Townsend stated that he was of the opinion that it is a little early to have a complete evaluation with the public invited because the company is attempting to comply with the ordinance at this time and it is very difficult for them to answer all service calls. He suggested that possibly the Council might prefer an informal discussion with the company officials and the staff to determine the company's progress. Mr. Mertz suggested that a meeting be held to consider the terms of the franchise to determine which areas have been neglected and also conduct an evaluation of the company's performance. Council Member Dumphy requested that the Council be provided with an update on the complete status of the company's operation. It was the consensus of the Council that the staff and company officials should conduct an evaluation session on Wednesday, September 23, at 11:00 a.m. rather than having a public hearing on the matter. Council Member Gulley suggested that the planned meeting to discuss City vehicles being driven to the homes of employees be postponed and at the same time he would like to " have a meeting to discuss the upcoming bond election. Mayor Pro Tem Turner agreed that the Council should discuss the project that they think should be considered in the bond election. Mayor Jones pointed out that if the Council meets and decides the issues that should be on the bond election, the Planning Commission might feel that the Council is dictating to them as to which projects should be included. He stated that he was of the opinion that they should wait to hear the recommendation of the Planning Commission before conducting such a meeting. Council Member Gulley disagreed and stated that he was of the opinion that the Council should make recommendations before the staff presents their suggested items. Minutes Regular Council Meeting September 2, 1981 Page 8 City Manager Townsend assured the Council that the only direction the staff has had was on sewer and sewer line improvements from the preceding Council and other than that, it will be up to the Council to decide what should be included on the bond issue. Council Member Dumphy stated that he did not feel that the Council would have to say that they want certain projects included in the bond election but they could make suggestions to be presented to the Planning Commission before they begin their studies. He pointed out, however, that if the Council had one specific project that they would like included, he did not see any reason why they should not , inform the Planning Commission of that. He also urged that the Council have the meeting suggested to discuss the projects and that the Council be kept completely informed about the progress of the bond election studies. Motion by Kennedy that a meeting be conducted on Tuesday, September 8, 1981 in the Council Chamber at 5:00 p.m. for the purpose of discussing the Council priority of capital improvements; seconded by Turner; and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy, and Zarsky voting, "Aye"; Hawkins, "absent" at the time the vote was taken. Mayor Jones called for discussion of current concerns by the Council Members. Council Member Zarsky stated that he had been informed by an employee in the carpet business that the type of carpeting selected for the Northwest Library was the same type that had been' installed in the Convention Center, which, it was generally understood, was not guaranteed. He suggested that the staff ascertain if this is true and if so, that another type of carpeting be selected. City Manager Townsend stated that he was not aware that the carpet had been selected yet but he would investigate this matter. Council Member Zarsky also referred to a problem with water leakage into the sewer system during very heavy rains. He requested a report on this problem and City Manager Townsend assured him that he will provide such a report. Lutes egular Council Meeting September 2, 1981 Page 9 Council Member Zarsky then referred to a letter from the manager of Las Brisas in regard to decisions made by the City in connection with the construction of the Breakers Condominiums. City Manager Townsend stated that the staff has contacted the manager of Las Brisas in regard to their complaint. He then explained the problem and the sequence of events in connection with curbs, gutters, and sidewalks. Council Member Zarsky also referred to a copy of a letter from the Police Department in regard to the Ridealong Program in which it was reported that the police officers with whom the citizen had ridden were very courteous and helpful. He suggested that the Council Members might consider participating in the Ridealong Program. * Council Member Hawkins arrived at the meeting at 3:30 p.m. Mayor Jones recessed the Regular Council Meeting at 3:33 p.m. Mayor Jones reconvened the Regular Council Meeting at 3:40 p.m. and called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda and stated that he would like to delay passage of the ordinance setting the public hearings on the proposed annexation until the sites have been determined. 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: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, AND PARTICULARLY AMENDING SECTION 53-253 SCHEDULE IV, "STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON PORTIONS OF GLENDALE STREET,CARROLL LANE, AND PANAMA DRIVE: AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON OCEAN DRIVE, WEST SIDE, FROM ROBERT DRIVE TO A POINT 500 FEET SOUTH OF ROBERT DRIVE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting September 2, 1981 Page 10 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A 19 YEAR LEASE AGREEMENT WITH BOBBIE D. GRAVES DBA J.F.K. MARINA FOR CONSTRUCTION AND OPERATION OF A BAIT STAND ON TRACT 3 OF THE COASTAL PUBLIC LANDS BEING SITUATED AT THE INTRACOASTAL CROSSING ON THE PADRE ISLAND CAUSEWAY, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AUTHORIZING A 15 -YEAR LEASE AGREEMENT WITH MR. AND MRS. THOMAS W. WAIT DBA RAINBOW BAIT STAND FOR CONSTRUCTION AND OPERATION OF A BAIT STAND ON TRACT 12 OF THE COASTAL PUBLIC LANDS BEING SITUATED AT THE INTRACOASTAL CROSSING ON THE PADRE ISLAND CAUSEWAY, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 8/26/81) 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". ORDINANCE NO. 16508: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, WITH DEL MAR COLLEGE PROVIDING FOR PARTICIPATION IN A WORK-STUDY PROGRAM TO EMPLOY STUDENTS FROM LOW-INCOME FAMILIES IN PART-TIME EMPLOYMENT, ALL AS MORE FULLY SET FORTH IN 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. 16506: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. ARTESIAN STREET, FROM LEOPARD STREET TO MESTINA STREET, 2. MESTINA STREET, FROM WACO STREET TO ARTESIAN STREET; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A 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: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". nutes _gular Council Meeting September 2, 1981 Page 11 ORDINANCE NO. 16507: 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 STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. ARTESIAN STREET, FROM LEOPARD STREET TO MESTINA STREET, AND 2. MESTINA STREET, FROM WACO STREET TO ARTESIAN STREET; 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 SEPTEMBER 30, 1981 AT 3:00 P.M. IN COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO GIVE NOTICE OF THE 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: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16509: AMENDING ORDINANCE NO. 15981, PASSED AND APPROVED ON JANUARY 21, 1981, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREET: TIMBERGROVE LANE, FROM VIOLET ROAD TO JACKSON WOODS, UNIT 1, AS HEREIN PROVIDED; 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. 16510: APPROPRIATING $8,993.76 OUT OF THE NO. 220 STREET BOND FUND FOR CONTRACT OVERRUNS ON THE TIMBERGROVE STREET IMPROVEMENTS PROJECT CONSTRUCTED BY B & E CONSTRUCTION COMPANY APPLICABLE TO PROJECT NO. 220-77-2.18, TIMBERGROVE LANE IMPROVEMENTS; 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. 16511: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY AMENDING SECTION 2-94. PARK BOARD MEMBERSHIP -- ORGANIZATION CHANGED, SO AS TO PROVIDE THAT THE PARK BOARD SHALL CONSIST OF ELEVEN (11) MEMBERS RATHER THAN TEN (10) MEMBERS; 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 September 2, 1991 Page 12 ORDINANCE NO. 16512: RESOLUTION OF THE CORPUS CHRISTI CITY COUNCIL IN SUPPORT OF THE CORPS OF ENGINEERS' DISPOSAL PLAN FOR COMPLETING THE DEEPENING OF THE CORPUS CHRISTI SHIP CHANNEL TO ITS AUTHORIZED 45 -FOOT DEPTH; 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 further Council concerns. Council Member Zarsky referred to a letter from the Friends of the Museum requesting that the City participate in the celebration of their anniversary and noted that apparently it is a request for financial assistance for the celebration. City Manager Townsend explained that the Museum Advisory Board and the Friends of the Museum need to work out their financial problems. Council Member Zarsky then referred to a letter from the Neighborhood Watch Committee requesting that the Council Members participate by hosting similar meetings in their neighborhoods. He stated that he would volunteer to do this in his neighborhood and also, would be glad to participate in such meetings in other neighborhoods. Council Member Gulley stated that he felt that this was an excellent program and inquired as to how many meetings have been held. City Manager Townsend stated that he did not have a report on the number of meetings conducted at this time. Council Member Dumphy stated that he also would be glad to attend meetings in other neighborhoods to encourage participation in this program. Council Member Zarsky then referred to the traffic problems at Everhart and Saratoga and Wooldridge and Saratoga in which traffic lights have been requested and City Manager Townsend informed him that he will provide a report on this. Council Member Zarsky referred to a letter received from Mrs. Sissie Sweeney in which it was stated that the improvements at the pound have 'not been carried out. He inquired if anyone had responded to that letter, and Mayor Jones replied that he had not responded to the letter. nutes zgular Council Meeting September 2, 1981 Page 13 City Manager Townsend stated that he would like to provide an explanation on this and stated that the last bond election included funds to improve the pound but apparently there has been some conflict as to just what was meant by this. He explained that the City will have to have complete control of the total property if bond funds are used for improvements. He indicated that apparently there is some question about this, and the Humane Society just wants to deed a part of their property for the improvement rather than their entire property. He stated that there is a lack of coordination and that is the reason the improvements have not been made. He indicated that further discussions would be necessary between PAWS and the staff, and he felt that there should be at least a 20 -year lease of the property before the $200,000 for the improvements is allocated. He stated that he is also concerned that the Humane Society is allowing people to take dogs and cats without meeting the requirements of the ordinance, whereas the City's Animal Control Division is complying with the terms of the ordinance. Mayor Jones stated that he was of the opinion that a recommendation on this matter should emanate from the Board, and Council Member Zarsky agreed but stated that he would like to have some kind of a report on this matter. Mayor Jones announced the presentation of a recommendation by the Municipal Arts Commission following the public balloting on the jurors' selctions for a piece of sculpture for the Bayfront Plaza. Mr. Dan Butt, Chairman of the Municipal Arts Commission, presented a report on the informal balloting and informed the Council that the sculpture, "Sea Bird", was the winner. He then introduced the sculptor, Mr. Fernando A. Turegano. Mr. Turegano addressed the Council and explained how he conceived this sculpture and designed it. He explained the meaning of the sculpture and how he planned to erect it, noting that the base would be constructed of welded steel and that he plans to paint it a dark blue. City Manager Townsend stated that the staff does not recommend that the sculpture be placed in front of the ticket office because the area is too congested. He noted that the location of the sculpture will be discussed at a later date. Minutes Regular Council Meeting September 2, 1981 Page 14 Mr. Butt explained that the Municipal Arts Commission members would like to recommend two locations, one of which is the large breezeway area between the Auditorium and the Convention Center and the other is on the sidewalk leading to the Convention Center. Mr. Butt then recommended that the Council approve the Sea Bird sculpture. Mayor Jones questioned Mr. Butt as to whether or not in his opinion the method of selection of this sculpture was a good way to determine what kind of art the City should have, and Mr. Butt indicated that he felt that it was. Mayor Jones expressed the opinion that the Council will approve this selection and he was of the opinion that it had been handled well. Council Member Dumphy stated that he knew that a lot of people had worked very hard on this project but he felt that the Council Members should have been more involved. He stated that he, personally, preferred realistic art as opposed to abstract and he felt that there should have been someone involved in the judging who might have recommended more realistic pieces of sculpture rather than all abstracts. He questioned whether or not most of the citizens of the City would approve of this piece of art. Council Member Kennedy also expressed appreciation for the amount of time that the Municipal Arts Commission had spent on this project but stated that he felt that the Council needed to examine the entire process because this will not be the last piece of art considered by the Council. He also questioned the fact that the ballot was listed as an advertisement. Mr. Butt explained that the Corpus Christi Caller -Times declined to run the ad unless they could list as a possible vote "None of the Above". He stated that he had personally paid for the ad. Dr. Kennedy then expressed appreciation to Mr. Butt for this gesture. Motion by Zarsky that the Council accept the recommendation of the Municipal Arts Commission and approve the installation of the sculpture, "Sea Bird" for the Bayfront Plaza; seconded by Hawkins. Council Member Gulley expressed appreciation for Mr. Dumphy's remarks because he agreed that a majority of the citizens in this City would prefer a realistic piece of art but stated that he personally liked abstract art as well. • antes egular Council Meeting September 2, 1981 Page 15 Mayor Pro Tem Turner stated that serving as a Council Member is a very difficult job because one has to make decisions for a majority of the citizens. She stated that she, too, felt that the citizens would prefer a realistic piece of art and that she was concerned that there was no clear mandate of the people because of the low number of votes cast on the sculpture. She stated that she felt at the time the Council rejected the piece of art work called, "The Tern" that they were informing the Municipal Arts Commission that they preferred something more realistic rather than abstract. Mrs. Dorothy Bateman, a member of the Municipal Arts Commission, explained that the Commission invited only South Texas sculptors to participate in the contest; the jurors were South Texans; they were attempting to get a work of art that would appeal to the people of this area; and the Commission was surprised that so many of the entries were of an abstract nature. The motion to approve the recommendation of the Municipal Arts Commission passed unanimously. Mr. Turegano expressed appreciation to the Council and stated that the $20,000 will be spent on the sculpture and he did not intend to make money on the project. He assured the Council that he would be glad to work with the City's Engineering Department to be sure that the sculpture is stable and will withstand hurricane winds. He indicated that he hopes to have it completed in six months. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Sissie Sweeney, member of the PAWS, stated that she was not prepared to deal with the letter referred to by Council Member Zarsky in regard to the improvements at the Humane Society facility. She explained the procedures that had been followed by this organization in connection with the bond election and stated that they had worked with the City staff on preparing the plans for the improvements with the understanding that the land would be donated by the Humane Society. She explained that the remainder of the land has already been leased. She stated that Mr. Harvey Weil, who donated the land to the Humane Society, was of the opinion that a short-term lease with options to renew would be in order. Minutes Regular Council Meeting September 2, 1981 Page 16 Mrs. Sweeney then addressed the remarks made by City Manager Townsend in regard to their actions in connection with animals that are placed in their care. She admitted that they are giving away animals that have not been spayed or neutered. She explained that the reason for this is that they have been involved in an improvement program and do not have the facilities to handle spaying and neutering of animals. She assured the Council that they plan to comply with the ordinance even though she is not very happy about the ordinance because it has imposed such a hardship on owners of animals. Mr. Hal Wasson stated that he is very interested in the environmental effect of the dredging that is occuring in the Corpus Christi ship channel. He stated that he had noticed how beautiful North Beach is at this time and suggested that an additional T -head be constructed on Corpus Christi Beach and that the material taken from the dredging of the operation be used for this construction. Mr. Robert Longville, 5921 Parkview, referred to the Animal Control ordinance and the stringent requirements to keep exotic animals. He stated that he owns a cougar and he has complied with all of the requirements with the exception of the cage, indicating that the type the City wants him to construct would cost approximately $20,000. He explained that he has his house for sale at this time and he hesitates to spend that much money for a cage that would lower the value of his house and represent an expense for a cage that would only be used for a short time. He requested that he have a further extension until the house is sold, and when he has purchased another house, he will be glad to build the type of cage that the Health Department has requested. He stated that the cougar has been contained in the existing cage for two years and has never escaped. Council Member Zarsky suggested that the cougar be kept at another place until his house is sold, and Mr. Longville explained that he boarded the cougar out of town at one time but it was very upsetting to the cat and he hesitated to do that again. Mayor Jones informed Mr. Longville that the Council had heard all of the arguments by owners of exotic animals at the time they were considering the ordinance, and he was of the opinion that if the Council makes an exception in this case, a precedent will be established. nutes a agular Council Meeting September 2, 1981 Page 17 City Manager Townsend inquired of Mr. Longville if he had appealed this decision to the Animal Control Advisory Board. He stated that, if he has done this, the next step would be to address a letter to the Council setting forth the reasons I he feels that the Animal Control Advisory Board has acted improperly following which the Council will need to read the minutes of the Board Meeting at which the matter was considered and set a date for the appeal. Mr. Longville stated that the matter was heard by that board about one month ago, and they granted an extension of 45 days, which has now expired. Mr. Longville stated that he already has a letter addressed to the Council, and City Manager Townsend suggested that he present it to the City Secretary. Mayor Jones inquired if this could be scheduled for next week with the assumption that the matter will be held in abeyance for one week. City Manager Townsend discussed the matter with Assistant City Manager Bill Hennings and ascertained that a letter has already been written to Mr. Longville to the effect that since the cage has not been completed, the animal should be removed from the City by tomorrow. He agreed that this matter should be on the agenda next week as an appeal. Council Member Hawkins objected to this being held in abeyance even for one week, and Council Member Dumphy pointed out that the fact that Mr. Longville is selling his house should not even be considered. He suggested that the owner take the cat wherever he can until after the appeal is heard. Mr. Longville stated that he knows of at least fifteen citizens who are keeping exotic animals without permits, and he did not see why he should have to remove his animal to another city. Mayor Jones informed Mr. Longville that the indications are that the appeal can be heard next week but more than likely the request will be denied. Council Member Zarsky informed Mr. Longville that he had just made a statement that me might regret when he informed the Council that he was aware of fifteen people who have exotic animals without permits, particularly if someone is injured by an animal and he has not reported this to the authorities. It was the consensus of the Council that this appeal be heard next week. ********* City Secretary Read informed the Council that the ordinance pertaining to the public hearings on proposed annexations had been prepared and was ready to be considered. Minutes Regular Council Meeting September 2, 1981 Page 18 City Manager Townsend explained the problem that the staff has had in obtaining places to conduct the public hearings in the areas considered for annexation. He informed the Council that the public hearings will be conducted as follows: Tuesday, September 15 at 7:30 p.m. at Nueces County Precinct No. 1 Warehouse, UpRiver Road at Tecolote Road, and at 8:30 p.m. at Hazel Basemoor County Park Ranger Station Parking Lot, County Road No. 69; on Thursday, September 17, at 7:00 p.m. at the Cul -de -Sac in the 3600 block of Apollo Road, Nottarb Subdivision, and at 8:00 p.m. at St. Andrews by the Sea Church, Encatada Avenue at Palmira Avenue on Padre Island. Mr. Townsend explained that a bus will provide transportation both evenings. City Secretary Read polled the Council for their vote on the ordinance and the following was passed: ORDINANCE NO. 16513: SETTING PUBLIC HEARINGS ON PROPOSED ANNEXATION OF AREAS ADJACENT TO THE CITY OF CORPUS CHRISTI AS MORE FULLY DESCRIBED BY METES AND BOUNDS AND MAPS ON FILE IN THE OFFICE OF THE CITY SECRETARY, AND MADE A PART HEREOF BY REFERENCE THE SAME AS IF COPIES VERBATIM HEREIN, SUCH HEARINGS TO BE HELD ON SEPTEMBER 15, AND 17, 1981, AT 7:00 PM., AT THE MEETING PLACES DESIGNATED HEREIN IN THE AREA PROPOSED TO BE ANNEXED, AND ON SEPTEMBER 16, 1981 AT 4:00 P.M. IN THE COUNCIL CHAMBER AT CITY HALL, TO PROVIDE AN OPPORTUNITY FOR INTERESTED PERSONS TO BE HEARD AND TO MAKE AVAILABLE TO SUCH PERSONS FOR INSPECTION AND EXPLANATION THE PROPOSED SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES INTO EACH AREA TO BE ANNEXED; AND PROVIDING FOR THE PUBLICATION THEREOF; 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". ********* There being no further business to come before the Council, on motion by Turner, seconded by Dumphy, and passed unanimously, the Regular Council Meeting was adjourned at 5:30 p.m., September 2, 1981. • s