HomeMy WebLinkAboutMinutes City Council - 09/23/1981MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 23, 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
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Monsignor William C. Kinlough of the Most
Precious Blood Catholic Church, following which the Pledge of Allegiance to the
Flag of the United States was led by Council Member Cliff Zarsky.
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.
Motion by Zarsky that the Minutes of the Regular and Special Council
Meetings of September 16, 1981 and two Special Council Meetings of September
15, 1981 be approved as presented; seconded by Kennedy and passed
unanimously.
*********
Mayor Jones called for confirmation of actions taken during the Workshop
Meeting of September 23, 1981 as follows:
1. That Ernest Briones be appointed as Acting City Manager in the
interim of the vacancy, effective October 1, 1981.
Motion by Gulley that the foregoing action be confirmed, seconded by
Turner, and passed unanimously.
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SEP 191984
Minutes
Regular Council Meeting
September 23, 1981
Page 2
2. That the City Council make the decision of the firm to be employed to
assist in the selection of a City Manager following the presentations
beginning Thursday, September 24, 1981 at 11:00 a.m. and that
special meeting be called for the purpose of hearing these
presentations and making the selection.
Motion by Kennedy that the foregoing action be confirmed, seconded by
Hawkins.
Council Member Zarsky expressed the opinion that the Council should wait
-M.
for a period of time before designating a firm for this purpose. The motion
passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and
Kennedy voting, "Aye"; Zarsky voting, "No".
3. Amend the annexation proposal to delete Suburban Acres and to
modify the area along FM 624 to delete the Valley View and Rio Lado
Acres Subdivision area and the area west of East River View Drive,
and certain adjacent undeveloped areas.
Motion by Gulley that the foregoing action be confirmed, seconded by
Dumphy and passed unanimously.
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. Twelve month supply of street construction materials be purchased on
the basis of low bid as follows:
Texas Emulsions, Corpus Christi
Lot I - 497,000 gallons of emulsified asphalt
Azrock Industries, San Antonio:
Lot III, Items 1, 2, and 7 -
10,000 tons of rock asphalt
Heldenfels Bros., Corpus Christi
Lot III, Item 3 - 5000 tons of rock asphalt
$ 357,840
$ 127,700
$ 146,250
Whites Mines, San Antonio Lot III, Items 4, 5 & 6 -
19,810 tons of rock asphalt $ 195,967
Texas Lime Company, Cleburne
Lot IV, Item 1 - 1000 tons of hydrated lime $ 74,750
Parker Bros., Houston
Lot VII, Item 1 - 50,000 cubic yards
of flexible base (mudshell) $ 442,500
Total - $1,345,007
Bids were received from fourteen firms. Price comparison shows an
increase of 62% since August, 1979.
Minutes
Regular Council Meeting
September 23, 1981
Page 3
2. Two 29.5 x 25 steel radial tires be purchased from General Tire
Service, Corpus Christi, for the low bid $6,460. The tires will be
used on a front end loader at the sanitary landfill and will replace
more expensive foam -filled tires which have been recapped and are
now worn beyond repair. Two similar tires, purchased in May, 1981
are performing • satisfactorily. Three bids were received. Price
coinparison reflects an increase of 3% since the May purchase.
3. A replacement 40 ton dragline for the Street Division be purchased
from Cooper Equipment Company, San Antonio, on the basis of low
bid o1 $165,020. Seven bids were received. This purchase is
included in the 1981-82 Revenue Sharing Budget.
4. A replacement integral wheel loader/backhoe for the Gas Division be
purchased from Girard Machinery Company, Corpus Christi, for the
low bid of $28,195. Bids were received from 9 firms. Price
comparison shows an increase of 28% over a similar purchase in
August, 1979.
5. Thirty-one mobile radios, one transceiver, 10 portable radios one
portable radio monitor and two walkie-talkies approved in the 1981-82
Budget, be included in an existing contract through the
Houston -Galveston Council of Governments for $67,548 which is 27%
less than current prices. The Houston -Galveston COG has taken unit
price bids for radio equipment. The low unit prices for the equipment
to be purchased is from General Electric. The COG and General
Electric have agreed to supply the radios at the unit prices if an
order is submitted by September 30, 1981.
6. The City renew its previous approval increasing the Board of
Directors of the Appraisal District from 5 to 7 members and using a
place system in which:
a. The City appoints 2 members;
b. Corpus Christi Independent School District 2 members;
c. Nueces County 1 member;
d. Port Aransas, Calallen ISD, Flour Bluff ISD, Port Aransas ISD,
Tuloso Midway ISD, and West Oso ISD one member; and
e. All other taxing jurisdictions one member.
The City's representatives are Mr. Nat Friedman and Mr. Orlando
Leal. Their terms expire December 31, 1981. Amendments to the
Peveto Act, adopted in the 1981 Special Session, require that the
Board be reestablished.
7. Contracts be renewed with the Lower Nueces River Water Supply
District rescheduling payments for water for the 1981-82 contract year
and providing an additional payment of $100,000 to avoid a property
tax levy by the District. Payment for water will be $75,000 per
month, rather than $40,000, with the final adjustment still occuring in
July, based on a sliding scale set forth in the 1955 contract with the
District. The total water purchase payment is estimated to be
$1,087,000 and thus the total payment to the District $1,187,000.
8. Plans and specifications for office space for the Lower Nueces Water
Supply District be approved and bids be received October 21, 1981.
The project includes remodeling the existing stucco building at the
Water Division offices on Sam Rankin Street to create approximately
450 square feet of office space for the District and leave
approximately 200 square feet for Water Division Office and crew
space. Improvements consist of flooring, air conditioning, electrical,
suspended ceiling, carpeting, painting and similar work. This
budgeted work will enable all water records and staff to be at the
same location.
Minutes
Regular Council Meeting
September 23, 1981
Page 4
Council Member Gulley inquired about the necessity for this office since
the Water Supply District only meets every two months.
City Manager Townsend explained that the district has a part-time
secretary and a large amount of records that need to be kept on file. He
stated that they need to have a place near the Water Division Office.
9. An agreement be approved with Champlin Petroleum Company for
oversizing a water transmission line from 12" to 24" diameter in
Southern Minerals Road from I.H. 37 to Up River Road. The
Champlin plant, under construction, will require a 12" water line. A
24" cross transmission line between the existing 20" line in Up River
Road and the 54" transmission line in Leopard Street is necessary to
boost both capacity and pressure to industrial customers. Under the
agreement, the City will provide 2,300 feet of 24 inch ductile iron
pipe and fittings and Champlin will install the line. Champlin will
also dedicate ten feet of right-of-way along Southern Minerals Road.
The City's cost is $50,540 for pipe and fittings. The new Champlin
plant is about 10% complete at this time.
City Manager Townsend informed the Council that Champlin Petroleum
Company has agreed to participate in the 24" line; they will install the line;
and the City will provide the pipe. He stated that the project will be
supervised by the City and inspected by City inspectors.
Mayor Jones commented that about one-half "of the water that the City
produces serves industries and inquired if this project would represent a major
amount.
Assistant City Manager James K. Lontos stated that he would find out the
answer to that question.
10. The following properties be sold: _
a. Lot 14, Block 5, Carver Addition No. 2'at 3250 Elgin Street to
Mr. Gerald Clendening for $3,050 with a down payment of $650
and the balance of $2,400 payable in 48 monthly installments at
an annual interest rate of 10%.', This 44.5' x 92.6' vacant lot was
acquired at a Sheriff's delinquentf tax sale on 10-2-73 for
$644.89.
b. Lot 16, Block 5, Carver Addition No. 2 at 3242 Elgin Street to
Mr. John M. Clendening for $2,850 with a down payment of $600
and the balance of $2,250 payable in 48 monthly installments at
an annual interest rate of 10%. This 44' x 92.6' vacant lot was
acquired at a Sheriff's delinquent tax sale on 3-6-79 for $775.
11. Change Order No. 4 for $7,086 be approved for the contract with W.
T. Young Construction Company for Cabaniss Acres Street and
Drainage Improvements. The change order provides for headwall
extensions and entrance and exit aprons of reinforced concrete on
three structures for erosion control. This work was overlooked
during project design. No additional appropriation is necessary.
Minutes
Regular Council Meeting
September 23, 1981
Page 5
12. A contract for $39,360.10 be awarded to Asphalt Concrete Paving
Company for construction of one-half of St. Francis Street and
$45,000 be appropriated for the contract award and related expenses.
One bid was submitted for this work which involves half of St.
Francis Street adjacent to the City park in Highland Oaks Subdivision
in Flour Bluff Drive. The other half of the street is being
constructed by Texan Homes.
13. An agreement with Mr. Atlee Cunningham be approved for resident
inspection of the expansion of and improvements to the O. N. Stevens
Water Treatment Plant. Inspection will be performed at the plant site
by Mr. Cunningham who assisted in preparing the plans and
specifications during the design phase of the project. An assistant
inspector will be 'hired by the City to work with Mr. Cunningham and
to assume inspection duties during the inspector's absence two months
of each year. The City will provide clerical support. The entire
inspection function will be housed in facilities provided by the
contractor. A total fee of $117,000 is specified based on
$4,500/month over a 26 -month period. The construction contract has
been awarded to Sanders/Midwest, Inc. of Kansas City, Missouri for
$20,799,000. Construction will begin prior to October 1, 1981. The
budget amendment will provide for the construction, inspector and a
clerk.
City Manager Townsend reminded the Council that. Mr. Atlee Cunningham
had been employed by the City's Water Department for 42 years and was
qualified for this task.
Council Member Gulley inquired about the salary for Mr. Cunningham's
services and City Manager Townsend replied that his fee would be $117,000,
with the $225,000 to be the total inspection cost. He explained that Mr.
Cunningham will provide resident inspection on the quality of the work and this
is a technical task that he would be famliar with.
Council Member Gulley inquired if Mr. Cunningham would be paid for the
two months that he was off each year.
Assistant City Manager Lontos explained that he would not be paid during
the months that he is off.
Council Member Gulley commented that this seems to be a very high salary
for an inspector.
Assistant City Manager Lontos explained that the usual inspection fee is
two and a half times direct consultant costs and the Staff feels that this is
much less than it would be to use that formula. He stated that Mr.
Cunningham will be a consultant' with the City and will work with the Design
Engineer and the City.
Council Member Kennedy noted that Mr. Cunningham will not have the
benefits that other City employees have.
Minutes
Regular Council Meeting
September 23, 1981
Page 6
Mr. Lontos continued his explanation by explaining that this is a very
specialized field and it is quite difficult to employ someone who has the right
kind of experience and that the City does not have anyone who is qualified to
perform this type of technical inspection.
14. An ordinance authorizing a per acre charge for sewage transmission
mains be established for all unplatted property abutting Saraline
Drive outside the City south of Saratoga Boulevard. The ordinance
would provide that all properties being connected to the sewer be
charged $800 per acre or $200 per lot, as their share of the trunk
main extension.
City Manager Townsend explained that the Staff felt that an assessment
should be levied as these areas come into the City. The first to be affected is
Brighton Village; they will participate in the cost of the larger line; and as
other subdivisions come into the City, they will pay their prorata share of the
cost of the sewer line. He suggested that this be on a three reading basis
and Council Member Zarsky agreed that it should be on three readings.
Council Member Dumphy commented that the City Council needs to have a
report from the Off -Site Utilities Committee. He stated that he does not have
any interest out in that area at this time but he may have an interest in the
future so he will abstain from voting on this ordinance.
15. A comprehensive Employment and Training Act Public Service contract
for $31,883 be approved for October 1, 1981 to February 28, 1982.
The contract is for close out of Public Service Employment Programs
throughout the Coastal Bend Consortium area. It provides for
$28,617 for wages and fringe benefits to continue three existing staff
positions and $3,266 for office supplies, travel and rent.
16. A lease agreement with Temet Corporation be approved for the CETA
Administration office and Employment Opportunities Pilot Program
closeout operations during fiscal year 1982. The lease will be for
twelve months, effective October 1, 1981, 'at .75$ per square foot or
$26',433 per year for 2,937 square feet on the third floor of the
Nueces Building. A11provisions of the agreement are the same as the
one currently in effect with the Temet Corporation paying for all
utilities, electricity and janitorial services with the only change being
a $.05 per square foot increase.
17. A lease be approved for office space in the Weber Building for the
Finance Department for 18 months beginning June 1, 1981 and
terminating November 30, 1982. The lease provides three one year
renewal options and the following space and rental rates:
First Floor 3,236 sq. ft. @ 501 $ 1,618.00
Second Floor 7,000 sq. ft. @ 404 $ 2,800.00
Third Floor 7,000 sq. ft. @ 404 $ 2,800.00
Parking Lot with 52 spaces - - - $ 450.00
Monthly Rent - - $ 7,668.T0
Annual Rent - - $92,016.(!0
inutes
.egular Council Meeting
September 23,• 1981
Page 7 r'
The ',lease represents a 66% increase over the 25 month previous lease,
which had a square foot cost of 251 plus $450 for the parking lot.
The , lease includes provisions for rental increases if taxes on the
building are increased and for adjustments after December 1, 1984
due to increases in the cost of living. The City will continue to be
responsible for utility payments.
City Manager Townsend informed the Council that he feels that this Office
should be as near City0. Hall, as possible, but even so, this is a very
inconvenient location because of the activity that is necessary between the
Finance Department and departments located in City Hall.
Mayor Pro Tem Turner inquired if the City has investigated the possibility
of leasing space with the NuecesCounty Courthouse.
City Manager Townsend informed her that. the Old Nueces County
Courthouse is substandard, but it is 'under private ownership now and is not
suitable for City offices. He stated that the City is keeping in touch with the
owners of Nueces County Courthouse and are of the opinion that, possibily, it
should be condemned.
18. The industrial district agreement with Champlin Petroleum Company be
amended to add an approximate 31 acre tract on Up River Road east
of Southern Minerals Road to their industrial district contract.
Champlin acquired this tract from Texas Pipe and Supply on
September 1, 1981.
19. The ordinance authorizing an industrial district agreement with
Weatherby Engineering Company be amended, prior to third reading
to add a description of the land to be included in the district.
Weatherby Engineering submitted its signed contract before the
deadline established by the Council, but the land description was not
previously available.
20. The City exercise its option to purchase the water transportation line
owned by Reynolds Metals Company which provides treated water to
Reynolds and to the San Patricio Municipal Water District. The option
must be exercised by September 30, 1981 to insure public ownership
of the line after that date. The City has six months to finalize the
option. Four hundred thousand dollars is available from interest on
water bond fund investments to finance the purchase.
City Manager Townsend informed the Council that the largest issue was the
rate issue which was discussed at length at the Council Workshop Meeting
conducted at Port Aransas several months ago. He explained that this purchase
gives the Council the option and places Reynolds Metals Company on notice that
the water lines will become public.
0
Minutes
Regular Council Meeting
September 23, 1981
Page 8
Council Member Gulley inquired as to the source of the funds in the
budget and City Manager Townsend replied that the Staff recommends the funds
come from the Bond Fund interest money. He suggested that possibly the
Council should change the rate and Reynolds' water rates will be doubled. He
stated that the water earnings are one-half shown in the budget and one-half
shown in the Bond Fund. He explained that all the Staff is suggesting is that
the Council hold the option to purchase the line and exercise the option after
the rates are set. He explained that the City has six months to complete the
purchase of the line.
Council Member Kennedy noted that the water line is old, and if the City
takes over this line, the City will be responsible for taking care of it. City
Manager Townsend agreed that that was true. He stated that the Staff will
have further recommendations at a later date and the Council will be responsbile
for working this out.
21. A grant application be submitted to the Coastal Bend Council of
Governments to continue the Senior Citizen Program from October 1,
1981 to September 30, 1982. The program cost of $771,016 consists of
$452,853 in federal funds; $61,464 in City match which includes
$1,289 in County funds and $29,409 in participant contributions;
$100,3]9 in United States Department of AGriculture cash and $47,736
in non-cash indirect costs. The grant funds have been decreased by
$22,953 and meals by 24 per day. The City will contribute an
additional $108,644 to carry out the program or $12,126 less than the
previous year. The program will provide 594 meals daily at various
sites and 97 home delivered as well as the operation of the
Greenwood, Lindale', and 11 other centers.
22. The following actions be taken in connection with Van Galen Drainage
Improvements, Phase III:
a. Plans, and specifications for underground storm sewer conduit
!from Glenoak Drive to the vicinity of Homedale Subdivision be
,approved and bids be received October 21, 1981.
b. An agreement with JaCom Builders, Inc. and Appraisal and Real
Estate Services, Inc., developers, be approved for payment to
the City of $28,000 for the cost of, a storm sewer extension
through their subidvision to Glenoak Drive.
This project is the last phase of a 1977 bond project which must be
constructed through a proposed subdivision known as South Sea
Island Subdivision, Unit 2. In lieu of the developer laying a storm
sewer `from within the subdivision to Glenoak Drive, he would connect
to the City storm sewer and pay the City the $28,000 cost he would
have otherwise incurred.
City Manager Townsend displayed a map of the area involved pointing out
the portion of the project that has been completed to Glen Oak Drive. He
stated that this addition to the storm sewer would complete that bond project.
noted that the.project includes an enclosed concrete box.
inutes
,egular Council Meeting
September 23, 1981
Page 9
Council Member Zarsky pointed out that an enclosed concrete box is very
expensive and asked why an open drainage ditch was not planned.
Assistant City Manager Lontos explained that the storm sewer could have
been constructed with an open ditch but the Staff had serious problems with
the acquisition of right-of-way.
Council Member Zarsky inquired about the additional cost to the City for
the concrete enclosed box.
Mr. Lontos stated that a closed conduit is much better for the area than a
large open ditch.
City Manager Townsend stated that he will be glad to have this item
withdrawn for further information if Mr. Zarsky desires and Council Member
Zarsky stated that he would like to know the cost difference before the contract
is awarded.
23. $85,560.28 be appropriated out of the proceeds of the sale of
$25,000,000 of Water Revenue Bonds on July 22, 1981 to reimburse
the Water Fund for the actual cost of selling the bonds. AL the time
the sale was authorized, $87,000 was appropriated from the Water
Fund to be reimbursed from the proceeds of the sale. The
approporiation includes:
Bond Attorney Fee $22,222.29
Financial Advisor Fee $41,062.39
Printing the Official Statement $ 7,186.60
Printing the Bonds $ 4,089.00
Bond Rating Service Fee:
Moody's • $ 7,500.00
• Standard & Poor's $ 3,500.00
$85,560.28
24. $38,019.86 be appropriated from the proceeds of the sale of
$8,000,000 of General Improvement Bonds on July 22, 1981 to
reimburse the General Fund for the actual cost of selling the bonds.
At the time the sale was authorized, $38,000 was appropriated to be
reimbursed from the proceeds of the sale. The appropriation
includes:
Bond Attorney Fee
Financial Advisor Fee
Printing the Official Statement
Printing the Bonds
Bond Rating Service Fee
$ 7,930100
$20,608.51
$ 5,444.85
$ 1,786.50
$ 2,250.00
$38,019.86
The cost will be distributed against each bond fund according to its
percent of the total sale.
25. A public hearing be held on October 7, 1981 on the contractual
annexation of Creekway Subdivision located west of Everhart Road
and south of Cedar Pass Drive.
Minutes
Regular Council Meeting
September 23, 1981
Page 10
City Manager Townsend informed the council that there are a series of
requirements that the owner would have to comply with before annexation is
completed; there are a number of public policy questions involved in the
ordinance; but this is just to set the hearing and further information will be
provided the Council prior to the hearing.
Chief Planner Larry Wenger stated that the contract has been signed and
it includes the park dedication.
26. Plans and specifications be approved for Ben Garza and '1'. C. Ayers
Park Building and Site Renovations and bids he received October 21,
1981. The project is partly funded by a grant through the
Department of the Interior. Al Ben Garza Park, a combination game
room/classroom is proposed; a heating system will be installed for the
locker room; and softball field lighting and restrooms will be
rehabilitated. In addition, parking lot and play slabs will be restored
and striped. At. T. C. Ayers, the recreation center will be
expanded; restrooms renovated; air conditioning installed for the
expansion; windows replaced; outdoor playcourts and parking lots
resurfaced; and court and softball field lighting improved. The grant
will fund 80% of the project, the State 10% and the local share will be
10%.
27. The following change orders be approved at the Peoples Street
T -Head Slip Realignment.
a. Change order #4 for $43,838.36 includes work necessary for
accommodation of the 85 -foot paddle wheel boat. The work
includes widening the pier from 3' to 7' and lengthening two
piers to 78', including three 7 pile clusters.
b. Change order #5 for $11,300.00 be approved for necessary piling
to accommodate the proposed bait stand at the L -Head. The bait
stand was destroyed by Hurricane Allen. This change order is
eligible by FEMA.
City Manager Townsend stated that the City has a signed statement from
the owners of the 85 -foot paddle boat to the effect that the boat will be berthed
in this." area. He noted, however, that this is a rather substantial expenditure.
Council Member Kennedy inquired about the length of the contract with the
boat owner and City Manager Townsend replied that there is no contract with
them; Captain Clark stated verbally that he would bring the boat here; but the
City does not have any proof that the boat will actually arrive here and this is
a very large expenditure on the City's part without any assurance that the boat
will actually be docked here.
Council Member Kennedy expressed the opinion that this operation in the
foreseeable future will be more in demand and possibly the City should think
about charging a percentage of the gross earned from the use of the paddle
wheel boat. He suggested that the Council have a contract before this large
'unt is expended.
,Minutes
Regular Council Meeting
September 23, 1981
Page 11
Motion by Turner that a contract with Captain Clark be available before
this money is spent.
City Manager Townsend pointed out that Captain Clark is planning to
bring the paddle boat in to Corpus Christi with the understanding' that slip
rental space will be available.
Council Member Zarsky inquired if there is an emergency to approve this
change order. ,
Mayor Pro Tem Turner expressed a great deal of concern about allowing
this boat to berth at the T -Heads because of the increase in traffic. She
inquired if there is an alternate site that is being considered.
City Manager Townsend pointed out that Captain Clark would probably
appear before the Council and contend that all of their advertising and the
history of the boat states that this activity will be on the T -Head and it would
difficult to change the location at this time.
Mayor Pro Tem Turner inquired about the possibility of locating the boat
at the barge dock and Mr. Lontos replied that he was not sure what would be
required to make that available.
City Manager Townsend agreed that the Council could ask for anything,
including a contract, but pointed out that. Captain Clark just came to the
Council and offered to provide the boat for sightseers' and tourist' use.
Mayor Jones noted that the Sasaki -Walker Report discussed the T -Head and
more use for it.
City Manager Townsend expressed the opinion that when the boat owners
cannot get people in there to park, there will be a suggestion made as to where
the activities can be moved. He stated, however, that he will ask one of the
Staff members to try to locate Captain Clark so that the Council can see the
contract that he has with the boat builder who is constructing the paddle wheel
boat. He then withdrew item 27a temporarily.
28. A grant agreement be approved with the Department of
Transportation, Federal Aviation Administrat.ion, to grade portions of
safety areas for Runways 13-31 and 17-35; extend the terminal apron
(approximately 10,000 square yards); and construct an emergency
generator building and install emergency generator for a total of
$873.576 of which 90% ($786,218) will be paid by the Federal
Government and 10% ($87,358) will be paid by the City. The City
Council previously authorized submission of an application for these
projects.
Minutes
Regular Council Meeting
September 23, 1981
Page 12
Council Member Gulley inquired about the capacity of the generator in case
of electricity problems and City Manager Townsend stated that it will take care
of the tower and the airlines.
29. An industrial agreement with Jess Edwards, Inc. covering the Tule
Lake Industrial Park located west of Southern Minerals Road and
south of Up River Road be approved. In accordance with the
discussion before the City Council last week, an executed standard
form industrial district contract has been received from the owner of
the industrial park.
Council Member Dumphy stated that he had received calls from smaller
companies interested in the industrial district, owners of which feel that they
had been mistreated but he thought that the Council had done everything
possible to see that everyone who was interested could be a part of an
industrial district agreement.
Mayor Jones called for comments from the audience on the City Manager's
Reports.
Mr. Clifford Cosgrove referred to item 20 on the option for purchase of
the Reynolds Metals Company water line and expressed opposition to this
recommendation stating that the line is not in very good condition because it
blows out frequently. He pointed out that the City has purchased a lot of
inferior utilities that were not well built and then the taxpayers have to spend
money to maintain them. He expressed the opinion that he did not feel that the
City should purchase someone else's worn out utility and suggested that this
line not be purchased.
Mayor Jones pointed out that the City just wants to exercise the option
before it is too late.
City Manager Townsend stated that the Staff estimates that the line is
worth $5 million and the City can purchase it for $400,000.
Mr. Hank Snyder noted that the Marina Board approved the rate of
two -and -a -half times the regular slip rental rates for excursion boats, because
at the time they attempted to charge a percentage, the charter boats threatened
to move from the area.
There were no further comments on the City Manager's Reports.
Motion by Turner that the City Manager's Reports, items 1 through 29,
with the exception of item 27a, which was temporarily withdrawn, be approved;
seconded by Hawkins; and passed by the following vote: Jones, Turner,
'ley, Hawkins and Kennedy voting, "Aye" on all of the items, Dumphy
Minutes
Regular Council Meeting
September 23, 1981
Page 13
voting, "Aye", on all of the items with the exception of item 14 on which he
abstained; and Zarsky voting "Aye" on all of the items with the exception of
item 12 on which he abstained.
**********
Mayor Jones announced public hearings on three zoning applications.
City Manager Townsend announced the public hearing on Application No.
981-1, Salvation Army, for a change of zoning from "A-2" Apartment House
District to "B-4" General Business Disrict on Lots 12 and 13, Block 2, Jones
Addition located at the southwest corner of Josephine Street and Mestina Street.
City Manager Townsend informed the Council that both the Planning
Commission and the Planning Staff recommend approval.
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 owner plans to construct a garage and office building
on this site.
,There were no comments from the audience on this zoning request.
Motion by Turner that the hearing be closed, seconded by Zarsky, and
passed unanimously.
Motion by Zarsky that Application No. 981-1 be approved as recommended
by the Planning Commission, seconded by Turner, and passed unanimously.
City Manager Townsend announced the public hearing on Application No.
981-5, Mr. Jack Ryan, for a change of zoning from "R -1B" One -family Dwelling
District to "B-4" General Business District on Tracts 1 and 2 and "A-2"
Apartment House District on Tract 3. The tracts are located between Leopard
Street and .Interstate 37 and between Hart Road and Church Street. Tract 1
consists of 6 acres, Tract 2 of 11 acres and Tract 3 of 26 acres with all tracts
being out of the F. Steubing Survey 304, Abstract 808.
City Manager Townsend noted that the recommendation of the Planning
Commission is for approval of "B-4" on 'Tracts, 1 and 2 and "A-1" in lieu of
''A-2" on Tract 3. He stated, also, that the Staff recommends denial on all
three tracts and that in response to the notices of the public hearing, one in
favor and none in opposition had been returned.
Minutes
Regular Council Meeting
September 23, 1981
Page 14
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 applicant plans the development of uses permitted
under "A-2" and "B-4" zoning, noting that Tract 2 is proposed to be developed
by the Wal-Mart Stores for a shopping center.
Mayor Jones interjected at this time the information that his office had just
received a telephone call from Congressman Bill Patman, who had informed his
office that the United States Government had just announced that they planned
to move all of the helicopter repair service to the Corpus Christi Army Depot.
He noted that this was excellent news for the City of Corpus Christi and
commented that sixty-five civilian employees will be transferred to the Corpus
Christi Army Depot.
Mayor Jones then called on the applicant to speak on this zoning case.
Mr. Gene Urban, Urban Engineers, representing the applicant, pointed out
to the Council that Tract 2 on which the applicant has requested "B-4" zoning
will be sold to Wal-Mart Stores for the construction of a shopping center. He
also pointed out that Tract 1 is a very rough area and a lot of drainage
easements will have to be dedicated because there are major drainage areas
along this tract. He stated that the applicant agrees with the recommendation
of the Planning Commission.
Mayor Jones inquired about the reasons the Staff recommends denial of all
three tracts, and Chief Planner Wenger stated that most of the businesses in
the area consist of neighborhood shopping centers which are adequate to serve
the area and the subject tracts are beautiful property that would make
outstanding residential lots.
No one spoke in regard to this zoning case.
Motion by Hawkins that the hearing be closed, seconded by Gulley, and
passed unanimously.
Council Member Dumphy pointed out that there was no opposition to this
change of zoning request and Mr. Wenger agreed.
City Manager Townsend pointed out, however, that there were only three
or four people who were sent notices since most of the area is undeveloped.
He stated that the Staff is concerned about the total plan.
Minutes '
Regular Council Meeting
September 23, 1981
Page 15
Motion by Gulley that the Council concur with the recommendation of the
Planning Commission and grant the recommended zoning on Application No.
981-5; seconded by Hawkins; and passed by the following vote: Jones,
Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, absent
from the Council Chamber when the vote was taken.
City Manager Townsend announced the public hearing on the proposed
Text Amendment to the Platting Ordinance to not require park dedication for
plats of One -family residential areas of 5 acres or more, in which not more than
one lot is created, provided a note is placed on the plat indicating that the
area encompassed within the plat has not satisfied the park requirements of the
platting ordinance and the park requirement will be satisfied upon subdivision
of the property or development of the property for other than one -family
purposes.
City Manager Townsend stated that the Planning Commission recommends
approval with a minor text change to clarify the amendment.
There were no comments from the audience on this proposed text
amendment.
Motion by Zarsky that the hearing be closed, seconded by Hawkins, and
passed unanimously.
Motion by Zarsky that the Text Amendment to the Platting Ordinance be
approved; seconded by Hawkins; and passed unanimously.
*********
Mayor Jones stated that Admiral Edward Martin who had planned to make a
presentation on the AICUZ Study had called and indicated that he would make
his presentation at another time when the agenda was not quite so lengthy.
Mayor Jones called for the ordinances. City Manager Townsend briefly
explained the ordinances on the agenda and withdrew ordinances 21 and 22 from
consideration at this time, noting that they will be discussed later in the
meeting. He also informed the Council that there was a need to amend the
ordinance authorizing execution of an industrial agreement with Weatherby
Engineering Company prior to its third reading to substitute an exhibit which
described the tract.
Minutes
Regular Council Meeting
September 23, 1981
Page 16
Motion by Gulley that the Weatherby Engineering Company industrial
district agreement ordinance be so amended, seconded by Zarsky and passed
unanimously.
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 CORPUS CHRISTI CITY CODE, AS AMENDED BY ADDING A
NEW SECTION, TO BE NUMBERED 55-74, TO PROVIDE FOR SETTING A FEE
TO BE PAID THE CITY BY OWNERS OR DEVELOPERS USING OR UTILIZING
THE SARALINE DRIVE SANITARY SEWER SYSTEM SOUTH OF SARATOGA
BOULEVARD TO THE OSO CREEK WITHIN THE BOUNDARIES AS SHOWN ON
THE ATTACHED EXHIBIT "A", COMPRISING APPROXIMATELY 1700 ACRES;
PROVIDING FOR A USE FEE OF $800 PER ACRE OR $200 PER LOT; PROVIDING
FOR SEVERABILITY.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and
Zarsky voting, "Aye"; Dumphy, "abstained".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT
AGREEMENT WITH B.W.T. MOORE, INC., FOR A TERM OF SEVEN (7) YEARS
COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS
"CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 36"; EXEMPTING SUCH AREA
FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF
TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET
FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "1". (First Reading - 9/16/81)
The foregoing ordinance was read for the second time and passed to this third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
THIRD READING - ORDINANCE NO. 16542:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO
CONTRACT AND A LEASE WITH THE CORPUS CHRISTI AQUARIUM
ASSOCIATION PROVIDING FOR THE CONSTRUCTION BY SAID ASSOCIATION
OF AN AQUARIUM AND SEA LIFE PARK, ITS CONVEYANCE TO THE CITY,
AND THE LEASE OF A 3.0 -ACRE SITE CONTAINING SAID AQUARIUM
FACILITY ON THE PEOPLES STREET T -HEAD FOR A TWENTY-YEAR TERM,
SUBJECT TO TERMINATION WITHOUT CAUSE AFTER FIVE YEARS OF THE
LEASE TERM AND SAID ASSOCIATION IS TO PROVIDE TO AQUARIUM
PATRONS A COMPREHENSIVE EDUCATIONAL PROGRAM RELATING TO THE
AQUARIUM THEME ALL AS MORE FULLY SET FORTH IN THE AGREEMENT TO
CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT "A" AND IN THE AQUARIUM LEASE GENERALLY CONTAINING
PROVISIONS AND IN A FORM AS SET FORTH IN EXHIBIT "B", ATTACHED)
THERETO. (First Reading - 9/9/81, Second Reading - 9/16/81)
The foregoing ordinance was read for the third time and passed by the
following vote: Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye";
Jones and Turner, "Nay".
Minutes
Regular Council Meeting
September 23, 1981
Page 17
THIRD READING' - ORDINANCE NO. 16543:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT
AGREEMENT WITH WEATHERBY ENGINEERING COMPANY FOR A TERM OF
SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA
TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 25";
EXEMPTING SUCH AREA FROM ANNEXATION AND PROVIDING FOR AN
ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM
THEREOF; ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT
AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT 1. (First Reading - 3/18/81,
Second Reading - 3/25/81)
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16544:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
LOWER NUECES RIVER WATER SUPPLY DISTRICT BY THE TERMS OF WHICH
THE CITY AGREES TO MAKE A $100,000 SUPPLEMENTAL PAYMENT TO THE
DISTRICT FOR DEBT RETIREMENT DURING THE 1981-82 FISCAL YEAR, ALL
AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART
HEREOF; 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. 16545:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
LOWER NUECES RIVER WATER SUPPLY DISTRICT 1N WHICH THE CITY
AGREES TO MAKE MONTHLY PAYMENTS TO THE WATER DISTRICT TO AVOID
A DISTRICT TAX LEVY, PROVIDING FOR THE CANCELLATION OF THIS
AGREEMENT SHOULD THE DISTRICT LEVY A TAX, ALL AS MORE FULLY SET
FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM 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. 16546:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
CHAMPLIN PETROLEUM COMPANY PROVIDING FOR INSTALLATION OF AN
OVERSIZED WATER TRANSMISSION LINE IN SOUTHERN MINERALS ROAD
WHICH AUTFIORIZES CHAMPLIN TO CONSTRUCT THE LINE AND PROVIDES
FOR THE CITY TO SUPPLY THE PIPE AND FITTINGS, ALL AS MORE FULLY
SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16547:
AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY
DEED WITH VENDOR'S LIEN TO GERALD CLENDENING LOT 14, BLOCK 5,
CARVER ADDITION NO. 2, IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS FOR A CONSIDERATION OF $3,050, ALL AS FULLY SET
FORTH IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LINE, DEED ()F
Minutes
Regular Council Meeting
September 23, 1981
Page 18
TRUST, AND PROMISSORY NOTE, A SUBSTANTIAL COPY OF EACH BEING
ATTACHED HERETO AND MADE A PART HEREOF, MARKED RESPECTIVELY
EXHIBITS "A", "B", AND "C"; 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. 16548:
AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY
DEED WITH VENDOR'S LIEN TO JOHN CLENDENING LOT 16, BLOCK 5,
CARVER ADDITION NO. 2, IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS FOR A CONSIDERATION OF $2,850, ALL AS FULLY SET
FORTH IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN, DEED OF
TRUST, AND PROMISSORY NOTE, A SUBSTANTIAL COPY OF EACH BEING
ATTACHED HERETO AND MADE A PART HEREOF, MARKED RESPECTIVELY
EXHIBITS "A", "B", AND "C"; 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. 16549:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITII
ASPHALT CONCRETE PAVING COMPANY FOR CONSTRUCTION OF ONE -BALE'
OF ST. FRANCIS STREET IN THE HIGHLAND OAKS SUBDIVISION IN FLOUR
BLUFF; APPROPRIATING $45,000 OUT OF THE NO. 220 STREET BOND FUND,
OF WHICH $39,360.10 IS FOR THE CONSTRUCTION CONTRACT AND $5,639.90
IS FOR ADDITIONAL ENGINEERING, CONTINGENCIES AND RELATED EXPENSES
APPLICABLE TO PROJECT NO. 220-77-50, ST. FRANCIS STREET; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Kennedy
voting, "Aye"; Zarsky, "abstained".
ORDINANCE NO. 16550:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ATLEE
CUNNINGHAM FOR INSPECTION SERVICES TO BE PROVIDED DURING THE
EXPANSION OF THE O.N. STEVENS WATER TREATMENT PLANT, A
SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $117,000 FOR
INSPECTION FEES OUT OF THE SUMS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 16522, DATED SEPTEMBER 9, 1981; 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. 16551:
AMENDING ORDINANCE NO. 16428 WHICH ADOPTED THE 1981-82 BUDGET, BY
ADDING ONE INSPECTOR I AND ONE CLERK II POSITIONS IN WATER
ACTIVITY NO. 5122 FOR A PERIOD OF 30 MONTHS AT A COST or $80,018,
WHICH FUNDS WERE PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 16522;
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 23, 1981
Page 19
ORDINANCE NO. 16552:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH
THE TEMET CORPORATION FOR 2,937 SQUARE FEET OF OFFICE SPACE
LOCATED IN THE NUECES BUILDING, 317 PEOPLES STREET, CORPUS
CHRISTI, TEXAS, AT $2,202.75 PER MONTH FOR TWELVE MONTHS
COMMENCING OCTOBER 1, 1981, TO HOUSE THE CITY'S CE'I'A
ADMINISTRATION OFFICE AND THE EMPLOYMENT OPPORTUNITIES PILOT
PROGRAM CLOSEOUT OPERATION, ALL AS MORE FULLY DESCRIBED IN THE
LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS
ATTACHED HERETO AND MADE, A PART HEREOF, MARKED EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16553:
AUTHORIZING EXECUTION BETWEEN THE CITY OF CORPUS CHRISTI AND
NORMAN M. PINSON AND M. CATHERINE PINSON OF AN EIGHTEEN -MONTH
LEASE WITH THREE ONE-YEAR RENEWAL OPTIONS FOR 17,236 SQUARE FEET
OF OFFICE SPACE AT THE WEBER BUILDING AND FOR PARKING SPACE FOR
THE FINANCE DEPARTMENT, AT A MONTHLY RENTAL OF $7,668, WITH
ADJUSTMENTS FOR INCREASES IN THE COST OF LIVING INDEX, REAL
ESTATE AND TAXES ON IMPROVEMENTS AND PARKING LOT RENTALS, 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"; 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. 16554:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
INDUSTRIAL DISTRICT AGREEMENT WITH CHAMPLIN PETROLEUM COMPANY,
AUTHORIZED BY ORDINANCE NO. 16155, TO INCLUDE APPROXIMATELY 3.5
ACRES OF ADDITIONAL LAND AND PROPERTY ACQUIRED AFTER JANUARY 1,
1981, BY REVISING EXHIBIT "A" ACCORDINGLY; ALL AS MORE FULLY SET
FORTH IN THE AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, 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. 16555:
EXPRESSING THE CITY COUNCIL'S DESIRE TO EXERCISE ITS OPTION TO
PURCHASE A WATER TRANSPORTATION LINE OWNED BY REYNOLDS METALS
COMPANY; 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. 16556:
AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL TO CONTINUE
THE FUNDING OF THE SENIOR CENTERS, MEAL SITES, AND THE NUTRI'T'ION
PROGRAM TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR $771,016,
THE PROGRAM TO BEGIN OCTOBER l., 198] AND END SEPTEMBER 30, 1982,
ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALI. OTHER
DOCUMENTS NECESSARY FOR THE CONTINUED OPERATION OF THE
PROGRAM; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
September 23, 1981
Page 20
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. 16557:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JACOM
BUILDERS, INC., AND APPRAISAL AND REAL ESTATE SERVICES, INC.,
PROVIDING FOR PAYING THE CITY $28,000 AS THEIR SHARE OF STORM
SEWER COSTS FOR VAN GALEN DRAINAGE IMPROVEMENTS PHASE III NORTH
OF GLENOAK DRIVE INCONNECTION WITH SUBDIVISION DEVELOPMENT, A
SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16558:
APPROPRIATING THE SUM OF $85,560.28 OUT OF THE 141 WATER REVENUE
FUND FOR EXPENSES IN CONNECTION WITH THE SALE OF $25,000,000 FIRST
LIEN WATERWORKS SYSTEM REVENUE BONDS, SERIES 1981, ON JULY 22,
1981; 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. 16559:
APPROPRIATING. THE SUM OF $38,786.86 OUT OF VARIOUS BOND FUNDS FOR
EXPENSES IN CONNECTION WITH THE SALE OF $8,000,000 GENERAL
IMPROVEMENT BONDS, SERIES 1981, ON JULY 22, 1981; 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. 16562:
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT PUBLIC SERVICE EMPLOYMENT CONTRACT
IN THE AMOUNT OF $31,883 FOR THE PERIOD OF OCTOBER 1, 1981 TO
FEBRUARY 28, 1982, AS MORE FULLY SET OUT IN SAID CONTRACT, A COPY
OF WHICH IN SUBSTANTIALLY THE SAME FORM IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS; AND
DECLARING AN EMERGENCY.
'rhe Charter Rule ' Was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
C.
ORDINANCE NO. 16563:
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH
THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, PROJECT NO. 6-48-0051-12, TO GRADE PORTIONS OF
SAFETY AREAS FOR RUNWAY 13-31 AND 17-35, EXTEND TERMINAL APRON,
AND CONSTRUCT EMERGENCY GENERATOR BUILDING AND INSTALL,
EMERGENCY GENERATOR, FOR A TOTAL OF $873,576, ALL AS MORE FULLY
SET FORTH IN THE GRANT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
.Minutes
Regular Council Meeting
September 23, 1981
Page .21
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. 16564:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT
AGREEMENT WITH JESS EDWARDS, INC., FOR A TERM OF SEVEN (7) YEARS
COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS
"CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 31"; EXEMPTING SUCH AREA
FROM ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF'
TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET
FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKCD
EXHIBIT 1.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
*********
Motion by Kennedy that the Council return to the Workshop Agenda to
discuss the proposed annexation areas; seconded by Gulley.
Council Member Zarsky pointed out that the Council ordinarily has
comments from the audience before returning to the Workshop Agenda. He
expressed concern that so many people had been waiting so long to address the
Council.
The Motion passed by the following vote: Dumphy, Gulley, Hawkins, and
Kenndedy vbting, "Aye"; Jones and Zarsky voting, "No"; Turner, "absent from
the Council during the voting on this motion".
City Manager Townsend displayed a map of Area "D", which encompasses
the subdivisions within the Padre Isles development.
Council Member Kennedy referred to the golf course owned by Padre Isles
Country Club and called for discussion of whether this should be included in
the annexation plans.
Mayor Pro Tem Turner returned to the Council Chamber at this time.
City Manager informed the Council that the Staff has suggested that when
the golf course becomes a private club and is not so readily open to tourists
and the general public it could be included in a subsequent subdivision
annexation. He also pointed out that it would be impossible to annex the
Country Club at this time because the description was not included in the
public hearing publication.
Council Member Gulley inquired if the Padre Island Golf Course is more
available to tourists than any other private club and City Manager Townsend
expressed the opinion that it was.
Minutes
Regular Council Meeting
September 23, 1981
Page 22
Council Member Gulley then pointed out that the Council had received a
letter from a property owner who stated that he would sue the City if his
property is annexed and the golf course is not.
City Manager Townsend stated that the Staff has no objections to omiting
this golf course as well as the Riverside Country Club Golf Course.
Mayor Jones pointed out that since the publication requirements could not
be met, the only alternative the Council really has now is to omit the entire
Padre Isles development area.
City Manager Townsend stated that he was of the opinion that an attorney
would have a difficult time in proving a case against something that was not
included in an annexation election.
Assistant City Attorney Bob Coffin agreed. He explained that the decision
to annex or not annex certain land is a legislative decision and anyone
attacking the fact that the Council did not annex something would have to show
proof of wrongdoing.
Council Member Dumphy inquired if there is land available on the golf
course on which condominiums could be built.
City Manager Townsend 'explained that everything in the Padre Island
Development Area that is platted and is up out of the water is included in the
annexation proposition with the exception of the golf course.
Council Member Zarsky inquired as to the number of acres in No. 3 of
Area "B" including Quail Valley which the Council decided during the morning
Workshop Meeting, not to include in the annexation proposition.
Chief Planner Wenger explained that they have one house on very large
lots in this section. •
Council Member Zarsky stated then that he sees no reason why Padre Isles
should not be excluded from annexation because there is very little development
there.
City Manager Townsend explained that the Staff feels that they should be
annexed because they are served with sewer and water and there are plans to
proceed with the facility for fire and police service. He noted also that this
area has been constructed according to City standards.
Minutes
Regular Council Meeting
September 23, 1981
Page 23
Council Member Dumphy suggested the possibility of persuading Padre
Isles Country Club to agree to contractually annex to the City in 1983 or '84.
City Manager Townsend commented that when Wood River Subdivision is
due to be annexed at about the same time, there will be certain annexation
procedures that will be necessary and agreed that the same type of contract
could be signed with Padre Isles Country Club.
Mayor Pro Tern Turner stated LhaL she is also concerned about the area
known as Packery Channel that is to be included in the annexation.
_City Manager Townsend stated that most of the property owners on the
island are not opposed to annexation; if the City installs fire and police
protection and a facility on the island and this protection is extended to all of
that portion on the island, any omissions from the annexation election would be
allowed to benefit from those services for that period of time.
Council Member Gulley suggested that the Council consider omitting the
golf course described in Area "B".
Motion by Kennedy that the Council agree to annex the entire area listed
as Area "D", which includes Padre Isles Development; seconded by Hawkins.
Council Member Gulley inquired if the area is annexed, including all of the
beach, there would be a problem in controlling the beach and maintaining it.
He pointed out that the County Commissioner handles that area very well.
City Manager Townsend stated that if the City, in essence, says to those
owners that they want the condominiums annexed but do not want the traffic
problem, that would hardly be fair.
Council Member Zarsky stated that he would vote against that motion
because he does not feel that there is enough development. He suggested that
the City just include Galleon Bay in that area that is developed in the
annexation proposal.
Council Member Hawkins expressed the opinion that the Council could
consider the development that will be there in the near future.
Council Member Zarsky suggested that the Council include all of section 3
of Area "B" then.
Council Member Hawkins pointed out that Calallen has voiced opposition to
this and the owners on Padre Island have not expressed opposition.
Minutes
Regular Council Meeting
September 23, 1981 ;
Page 24
The motion to include all of the proposed area in Area "D" passed by the
following vote: Jones, Turner, Dumphy, Hawkins, and Kennedy voting, "Aye";
Zarsky voting, "No"; Gulley, "abstaining".
Council Member Gulley moved that in order to be consistent, the City
delete the Riverside Golf Course in Area "B" and Hazel Bazemoor Park from the
proposed annexation. The motion was seconded by Kennedy.
Mayor Pro Tem Turner inquired if the City could consider a contract with
the Riverside Golf Course and the County for the park.
City Manager Townsend "expressed the opinion that they would not agree to
e
a contract. -
Council Member Hawkins expressed the opinion that the Padre Isles Golf
Course should be annexed but he did not feel that Riverside Golf Course should
be deleted.
The vote on this motion failed to pass by the following vote: Gulley and
Kennedy voting, "Aye"; Jones, Turner, Dumphy, Hawkins, and Zarsky voting,
"No".
Council Member Kennedy then asked about the vacant land in the San
Carlos Addition.
City Manager Townsend explained that the Council should certainly annex
500 feet on each side of the sewer line.
Motion by Kennedy to modify annexation Tract 9 of the Area "B" to
include 500 feet on each side of the sewer line; seconded by Hawkins; and
passed unanimously.
Motion by Hawkins that San Juan be included in Tract 1-3 of Area "B";
seconded by Turner; and passed unanimously.
City Manager Townsend then displayed a map of Area "A", Tracts 1-4,
Saratoga.
Motion by Turner that this entire area be annexed; seconded by Hawkins;
and passed by the following vote: Jones, Turner, Dumphy, Hawkins and
Kennedy voting, "Aye"; Gulley and Zarsky, absent from the Council Chamber
at the time the vote was taken.
City Manager Townsend then displayed a map of Area "C" which has been
changed with .Champlin Petroleum Company and Jess Edwards Company, Inc.
property having been omitted.
'mites
,egular Council Meeting
September 23, 1981
Page 25
Motion by Hawkins to approve the annexation of Area "C" as recommended
by the Staff with the Champlin, Jess Edwards, and BWT Moore properties to be
omitted; seconded by Turner; and passed unanimously.
*********
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mayor Jones, noting that a large number of citizens were in attendance in
connection with the resignation of City Manager Marvin Townsend, stated that
he felt that he should inform them that the decision to. accept Mr. Townsend's
resignation is probably irreversible. He indicated that since there were such a
large number of people who wished to speak on this matter, he would limit the
presentation to two minutes for each person.
Mr. Roger Wright, 4422 South Alameda, stated that he was an independent
businessman who felt that City Manager Marvin Townsend had been unfairly
treated by the the City Council. He informed the Council that in opposition to
their requesting his resignation he had organized a "Citizens for Townsend
Group", and speaking on behalf of that group, he wished to express their
support of Mr. Townsend's leadership in the City Manager's position. He
presented to the Council a statement and petition containing 148 signatures and
stated that these 148 people had given to him 368 letters and petitions in
support of City Manager Townsend.
Mr. Wright continued by informing the . Council that losing Marvin
Townsend is like losing a very good friend and leader. He referred to several
letters that have appeared in the Corpus Christi Caller -Times expressing
support of Mr. Townsend and stated that the Citizens for Townsend will not
threaten or abuse any Council Member and will not initiate recall petitions but
they just want to inform the Council how they feel and urged that he be
rehired. He stated the messsage he received from the Council during the
morning Workshop Meeting and during the afternoon session was that they did
not even want to hear the public in regard to this matter. He referred to Mr.
Townsend's statement that the Open Meetings Law had been violated at least
twice in the Last six months without any outcry from the public. He reaffirmed
the fact that they want4City Manager Townsend retained and if City Manager
Minutes
Regular Council Meeting
September 23, 1981
Page 26
Townsend leaves Corpus Christi, everyone will remember that he has done much
for this City and the citizens will think back to the times that were good when
Marvin Townsend was City Manager.
Mr. Harold Alberts, Attorney, 702 Wilson Tower, pointed out to the City
Council that this community is upset and deeply disturbed by their action in
firing Marvin Townsend from the position of City Manager. He stated that it
is not merely because most of the citizens feel that Mr. Townsend is a
dedicated, intelligent, top-notch City Manager, but also it is the fact that he
was fired in a heavy-handed heartless manner. He pointed out that the Council
acted in the name of the City in doing that, and it is not only that they fired
him in that manner but they did it without giving the citizens a chance to be
heard, and then the crowning blow was that the Council made statements to the
effect that people just think emotionally and they, the Council, just act on
facts. Mr. Alberts continued by stating that it isn't often that the legislature
speaks eloquently, but they did so when they passed Article 6252-17 known as
the Open Meetings Law which assures that all persons at all times are entitled
to full and complete information regarding actions of government and official
acts of governmental bodies. Mr. Alberts then accused the Council of
depriving the citizens of the City of that right. He pointed out that this
government does not belong to the Council, it belongs to the people and the law
says that you did not give the people the right to be heard.
Mrs. Pat Duaine, 4909 Branscomb, noted that the City Manager's
resignation was handled harshly and this may be something that should be
remedied. She stated that she is only concerned that this issue not be
extended for several more weeks of conflict. She expressed the opinion that if
Mr. Townsend is given his job back, even though he has done an outstanding
job for the City, it would not be in the best interest of the City. She pointed
out that if the citizens elect honorable people to the City Council and if the
citizens override their decisions, this would be mob rule and she still has
confidence in this City Council.
An unidentified lady stated that the five members of the Council are not
her Council Members and what they did to Marvin Townsend is unforgiveable.
9
dinutes
Regular Council Meeting
September 23, 1981
Page 27
Mrs. Elizabeth Airehart, 441 Palm Drive, stated that she had been a
member of the City Council at the time young Marvin Townsend was employed as
City Manager. She related many of the accomplishments that had been made
during his tenure as City Manager',and stressed the fact that he had always
been honest, hard-working, and had a degree of integrity that was unmatched
anywhere. She related in incident in the past when a mayor did his utmost to
turn board and committee appointments over to the mayor, but because of
Marvin Townsend, this did not come to pass. She expressed the opinion that
the City Council made a mistake in firing Marvin Townsend and they are going
to regret it.
Mrs. Jean Hess, 3246 Austin, stated that she is a registered nurse and
she considered it a privilege to have known Marvin Townsend as a public
servant of great integrity. She mentioned the fact that it was stated that a
recall petition was being circulated that had been signed by 100 doctors. She
assured the Council that this was not true because it was a letter indicating
that the petition circulated by Dr. John N. Chriss was an attack on the manner
in which City Manager Townsend had been fired.
Mrs. Joe G. Casillas, 3301 South Staples, stated that she was affronted at
the way the five members of the Council handled things during the morning
Workshop Meeting. She stated that she and her friends were opposed to the
dismissal of Marvin Townsend and had hoped that the Council Members would
reconsider their decision for the betterment of the City.
Mrs. Marge Burton expressed the opinion that this Council has made a
terrible mistake in dismissing Marvin Townsend. She stated that she is a
housewife who is at home and reads the newspapers and has come to the
conclusion that the progress of this City is due almost entirely to City Manager
Marvin Townsend. She expressed the opinion that this City is going to be
worse for accepting his resignation. She stated that Council Member Gulley,
Mayor Pro Tem Turner, and Council Member Dumphy and the newly elected
Council Members never took issue with Marvin Townsend when they were
running for election and left the impression with the voters that they would
retain him in his position. She informed the Council Members that if she and
her friends had known that they were going to discharge Marvin Townsend,
they would never have been elected. She stated that Mr. Townsend is the
Minutes
Regular Council Meeting
September 23, 1981
Page 28
perfect City Manager and has always acted in a manner that would benefit most
of the members of the community. She thanked God that the City has Mayor
Jones and Council Member Zarsky.
Mrs. Beatrice Carson, 1224 Lake Street, stated that she felt that Marvin
Townsend has been a fine City Manager and has done for the City of Corpus
Christi more than any mayor that the City has ever had. She urged the
Council to reconsider their action in accepting his resignation.
Mr. R. L. Bell, retired minister, 2214 Winnebago Street, stated that he
would like to speak on behalf of a friend, Marvin Townsend, who has been a
friend of all in the City and who has served the City well as its manager. He
pointed out that no one, including the five Council Members, has denied the
fact that he is efficient and diligent, and they wonder why this man is being
' penalized for being a hard-working man and doing his job to the best of his
ability even when his methods may differ from others. He pointed out that if a
man is hired to do a job, he should be allowed to do it in the best way
possible. He noted that some of the Council Members have claimed that they
believe in the Bible, but the Bible teaches you to do unto others as you would
have them do unto you. He then asked that their City Manager be retained.
He reminded this Council that Marvin Townsend has done more for the Black
community than anyone who has ever been associated with the City.
Mr. J. Preston Pullam, 1421 Stillman Avenue, stated that he had been a
citizen of Corpus Christi for 52 years and had worked hard for the City. He
stated that he had been in touch with people of this City, including members of
St. John Baptist Church, and he was pleased when, he heard that one Council
Member wanted to have prayer before Council Meetings which he felt would be
good for the City, but he has been completely disillusioned by the action the
Council took last Wednesday when they fired Marvin Townsend. He stated that
Marvin Townsend has been with them lnd has done everything possible for the
Black community when nothing was ever done for them until he became City
Manager. He stated that Mr. Townsend did everything right and nothing
wrong.
Mrs. Louise Vickers, 7 Hewitt Place, stated that she has known Marvin
Townsend for a long time. She pointed out that he has accumulated in excess
of 170 days of his vacation time; he has been with this City since he was 22
nutes
.egular Council Meeting
September 23, 1981
Page 29
years old; and he has been working for this City for 25 years. Mrs. Vickers
referred to the times when she had had a problem and Mr. Townsend had
always been glad to speak with her about them. Mrs. Vickers referred to the
high taxes and wondered what the City is going to do in three to five years
when they have an inexperienced man serving as City Manager. She expressed
the opinion that there is never any substitute for experience. She also noted
that if the City obtains a new City Manager the cost will be over $20,000 and
this is just a waste of money because the City already has the best,
hardest -working and most honest man they could possibly get. She stated that
as a citizen, she would like to know the real reasons the Council fired Mr.
Townsend. She asked for a report either on the telephone or in the newspaper
because She said the people of this City want to know what Mr. Townsend
has done to deserve to be fired.
Mr. Ed Ostergard, 1925 Merriman, noted the fact that the people who are
here are being allowed to speak, which proves that this City has a government
that is representative. He stated that he is in favor of the Council Members
who voted to fire Marvin Townsend but he also complimented the two who voted
in opposition. He pointed out that none of the citizens were contacted when
any City Managers were hired and there is no reason for citizens to be
contacted when a City Manager is fired, because the Council has the right to
make that decision.
Mrs. Hardy Harris stated that she has never been to the Council Meeting
and expressed appreciation to the Council for their efforts, but primarily she
appreciates City Manager Townsend even though she does not know him. She
expressed the opinion that the Council had made a mistake in firing a City
Manager of Mr. Townsend's caliber.
Mr. T. Ray Kring, 1014 Monette, informed the Council that he was
speaking on behalf of 25 ex -City executives who have the City's interest at
heart. He stated that he had listened to the Council this morning and all of
them had verified that City Manager Townsend is a man of integrity, is
hard-working, intelligent, and for that reason they do not understand why he
was dismissed by the Council. He expressed his opinion as to why three of the
Council Members had voted to fire Mr. Townsend, but pointed out that two of
the Council Members have been on the Council for less than six months and
Minutes
Regular Council Meeting
September 23, 1981
Page 30
have no idea as to how dedicated and honest City Manager Townsend is. He
asked the Council what else they needed in a City Manager.
Mr. Rollie Custer stated that he is very frightened for this City without.
Marvin Townsend as City Manager. He stated that Mr. Townsend is one of he
best men he has ever known and it is ridiculous to think that the Council would
fire him. He pointed out that citizens thought they voted for the right people
to serve on the Council since none of them had indicated that they had any
dissatisfaction with the City Manager, yet, it turned out that they voted for
the wrong Council candidates.
Mr. David Saenz, 1430 17th Street, spoke against the Council who forced
Mr. Townsend to resign. He pointed out that the Council will never find
anyone who is as capable, intelligent or honest as Marvin Townsend. He urged
that the Council reconsider their action because this City could do without a
Council easier than they could do without Marvin Townsend as City Manager.
Speaking on another matter was Mr. Bonner Dorsey, representing Mr.
Kenney Montgomery, owner of Texas Barbecue House. He stated that Mr.
Montgomery has a sewer problem in connection with a barbecue stand that he
plans to install on the westside of the City. He informed the Council that they
had been told by City -County Health Department that they would be allowed to
install a septic tank, but two alternatives were proposed to the Engineering
Department to connect onto the sewer system and put in a lift station. They
are prepared to go forward with their septic tank system but they would like to
have Council approval to connect to the City's sewer system.
Mayor Jones suggested that this matter be an agenda item next week and
Council indicated their concurrence.
Mrs. Reba Gregg stated that the City has had some good City Managers,
but now they have City Manager Townsend who has everything, including
honesty, integrity and the good of the City at heart. She expressed the
opinion that the Council is going to have trouble with another City Manager who
is inexperienced.
tinutes
Regular Council Meeting
September 23, 1981
Page 31
s
Mr. C. W. Carpenter spoke on the same matter and slated that he came to
the Workshop Meeting this morning, at which time the C:duncil, other than Mr.
Zarsky, refused to allow citizens to speak even though the Council Chamber
was filled. He stated that he was very disappointed in the Council because (1)
they fired Marvin Townsend in private and (2) no one has ever stated why he
was fired. Mr. Carpenter asked again why this Council fired him and asked
them to tell the citizens wha Marvin Townsend did to deserve such treatment.
f
Mr. Carpenter expressed the opinion that the Council had no reason whatsoever
to dismiss City Manager MarvinITownsend.
1
Reverend Harold T. i Branch, Pastor of St. John's Baptist Church, slated
that he has lived here for 266 years and has had the beautiful experience of
working with City Manage; Townsend the entire time he has been in the City of
Corpus Christi. He stated that they have worked together on many civic
projects and he also worked With Mr. Townsend when he served as a Council
ti
}
Member for four years9Hel assured the Council that his experience and
relationship with City Manager Townsend has been unblemished and he has the
highest esteem for him. He p'onted out That the arguments that he heard this
week as the reasons for firing the City Manager are the same ones that he
heard the first year he was on the City Council. He reminded the Council of
all the beautiful things the City has because of City Manager Townsend and
referred to his expertise and working relationships with all of the other
governmental entities, particularly, with the people in Washington, and noted
that he has always worked for the betterment of this City. He enumerated all
of the improvements that have been made because of City Manager Townsend
and informed the Council that Mr. Townsend was always in there fighting for
the majority of the people of Corpus Christi, and the Black community considers
him to be their friend.
Mrs. Dorothy Green stated she only wanted to ask the Council one
question and that was if they knew of any City the size of Corpus Christi that
has been run as efficiently and well as this one has by City Manager
Townsend.
Minutes
Regular Council Meeting
September 23, 1981
Page 32
Mr. Hank Snyder, 3632 Ocean Drive, informed the Council that on two
occasions, he has been so mad at City Manager Townsend that he didn't think
he could stand it, but time has proven that City Manager Townsend was right
on both occasions. He stated that because of this, he has nothing but faith in
City Manager Townsend as to his integrity, honesty, and concern for a majority
of the people of Corpus Christi.
Mr. Joseph Dan Rocha, 3041 Robin Hood, expressed sorrow about what the
Council has done to City Manager Townsend.
Addressing the Council on another matter was Mr. Bob Weathers, 4425
Oxford, representing Mr. J. C. Cagle. He explained to the Council that Mr.
Cagle is in the process of building a nursery in the Five Points area of Corpus
Christi. He stated their problem involves the requirement that 5% of the value
of the raw land in the amount of $21,125 must be contributed to the Park Fund.
He explained that a group of landowners have introduced litigation to test this
requirement and until such time as the litigation is resolved, he would like to
request that his client have payment deferred, and at the same time, they
would guarantee that this amount would be available to the City with accrued
interest. He presented a copy of a letter of guarantee of the payment and they
requested that the Council approve this letter in lieu of payment.
Mayor Jones stated that even though a lawsuit has Peen filed, this fact
does not invalidate the ordinance that has been in effect for 25 years.
City Manager Townsend expressed the opinion that the lawsuit the
gentleman refers to concerns a commercial property, and he feels that the
Council should study this issue carefully.
City Manager Townsend presented to the Council a copy of the contract
between Captain Clark and the company that is building the paddle wheel boat.
Motion by Kennedy that the City Manager's Reports, item 276, be
approved, seconded,, by Hawkins, and passed unanimously.
City Manager Townsend referred to the ordinance listed as 22, which
pertains to the closing of Dickenson Street, and stated that both the applicant
and the City Staff have set forth the items that the Councirapproved during
the public hearing in regard to the ten feet of right-of-way and for the
maintenance of a 40 -foot visual corridor running parallel
the streets and
adjacent to this street. `He then presented for the Council's consideration
~dinances 21 and 22 and the three zoning ordinances.
O
Minutes
Regular Council Meeting
September 23, 1981
Page 33
ORDINANCE NO. 16560:
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBERS 4
($43,838.36) AND 5 ($11,300) TO THE CONTRACT WITH BROWN & ROOT,
INC., FOR IMPROVEMENTS TO THE PEOPLES STREET T-IIEAD;
APPROPRIATING $55,138.36 OUT OF THE NO. 291 PARK BOND FUND
APPLICABLE TO PROJECT NO. 291-77-5, PEOPLES STREET T -HEAD SLIP
REALIGNMENT; 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. 16561:
CLOSING AND ABANDONING A SIXTY FOOT (60') WIDE PUBLIC STREET ON
CORPUS CHRISTI BEACH DESIGNATED AS DICKINSON STREET, FROM
SURFSIDE BOULEVARD TO NORTH SHORELINE BOULEVARD, SUBJECT TO
REPLATTING BY THE ABUTTING OWNER OR OWNERS ON EACH SIDE OF SAID
STREET, SUCH PLA'F TO PROVIDE AND DEDICATE ADDITIONAL STREET
RIGHT-OF-WAY TEN FEET (10') IN WIDTH CONTIGUOUS TO EACH STREET
DESIGNNATED AS BREAKER AVENUE AND BUSHICK PLACE FROM SURFSIDE
BOULEVARD TO THE WESTERLY BOUNDARY OF NORTH SHORELINE
BOULEVARD; SAID STREET CLOSING FURTHER SUBJECT TO ABUTTING
OWNERS PROVIDING AND MAINTAINING A VISUAL CORRIDOR FORTY FEET
(40') IN WIDTH PARALLEL TO DICKINSON STREET FROM SURFSIDE
BOULEVARD TO THE WESTERLY BOUNDARY OF NORTH SHORELINE
BOULEVARD; PROVIDING CONDITIONS THEREFORE; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Turner, "abstained".
ORDINANCE NO. 16565:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI
ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN
VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION
RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF
SALVATION ARMY BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON LOTS 12 AND 13, BLOCK 2, JONES ADDITION, SITUATED IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2"
APARTMENT HOUSE DISTRICT TO "I3-4" GENERAL BUSINESS DISTRICT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE
AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and
Zarsky voting, "Aye".
ORDINANCE NO. 16566:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI
ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN
VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION
RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF
JACK RYAN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
TRACTS 1, 2, AND 3 OUT OF THE F. STEUBING SURVEY 304, ABSTRACT
808, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT ON TRACTS 1 AND 2, AND "A-1" APARTMENT HOUSE
DISTRICT ON TRACT 3; KEEPING IN EFFECT ALL OTHER PROVISIONS OF
THE EXISTING ORDINANCE AS AMENDED: REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
September 23, 1981
Page 34
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. 16567:
AMENDING THE PLATTING ORDINANCE NO. 4168, AS AMENDED, SECTION IV,
DESIGN STANDARDS, SUBSECTION F. PARKS AND PLAYGROUNDS,
PARAGRAPH (d) SO AS NOT TO REQUIRE PARK DEDICATION FOR PLATS OF
ONE -FAMILY RESIDENTIAL AREAS OF FIVE (5) ACRES OR MORE, IN WHICH
NOT MORE THAN ONE LOT IS CREATED, PROVIDED A NOTE IS PLACED ON
THE PLAT INDICATING THAT THE AREA ENCOMPASSED WITHIN THE PLAT
HAS NOT SATISFIED THE PARK REQUIREMENTS OF THE PLATTING
ORDINANCE AND THAT. THE PARK REQUIREMENT WILL BE SATISFIED UPON
SUBDIVISION OF THE PROPERTY OR DEVELOPMENT OF THE PROPERTY FOR
OTHER THAN ONE -FAMILY PURPOSES; 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".
**********
City Manager Townsend informed the Council that the City has received a
request from Circus Vargas that they be allowed to use Bill Witt Mobs Park to
have their performance of the circus. He stated that although this is an usual
request and even though Bill Witt Park is not developed, it would possibly
establish a precedent. He also pointed out that federal grant funds are being
used to develop this park and commercial use might possibly be in violation of
this. He noted that the circus had offered to pay the City $500 for the use of
the park.
Council Member Zarsky suggested that the City Attorney provide a report
to be sure that there is not a violation of the federal grant and also that the
Park Board Members be contacted in regard to this request before the Council
makes a decision.
Mayor Jones informed the Council that two checks had been donated to the
City in the amount of $1,700 and $1,000 to be used in connection with the new
Northwest Library.
*********
There being no further business to come before the Council, on motion by
Gulley, seconded by Hawkins, and passed unanimously, the Regular Council
Meeting was adjourned at 6:25 p.m., September 23, 1981.