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.
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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.
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.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.
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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.
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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".
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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.
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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.
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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.
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