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HomeMy WebLinkAboutMinutes City Council - 09/30/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 30, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley f1 Herbert L. Hawkins 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 the Reverend Sam Gottlich of St. Bartholomew's Church, 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. Motion by Turner that the Minutes of two Special Council Meetings of September 17, 1981 and the Regular Council Meeting of September 23, 1981 be approved as presented; seconded by Hawkins; and passed unanimously. Mayor Jones called for confirmations of actions taken during the Workshop Meeting of September 30, 1981. Motion to call Special Meeting of City Council for 3 p.m., Saturday, October 3, 1981, to confirm acceptance of Mr. Marvin Townsend's resignation upon terms and conditions reached in closed meeting and directing the City Secretary to post proper notices in order to conform with Article 6252-17, the Open Meetings Law. Motion by Turner that the foregoing action be confirmed; seconded by Hawkins. MICROFILMED 'SEP iatae. Minutes Regular Council Meeting September 30, 1981 Page 2 Council Member Zarsky commented that he did not believe that this motion cures the defect that was pointed out during the Workshop Meeting. He expressed the opinion that the defect can only be corrected by starting the entire procedure over again and it was to be corrected by setting the proper notices to announce the hearing which was defective in the beginning. Council Member Hawkins asked for the City Attorney's opinion because in his opinion, this was the duty of the City Attorney. City Attorney J. Bruce Aycock explained that he had attempted to frame the motion the way it was actually made during the Workshop Meeting in the hopes that it would be all inclusive to properly post a notice of a closed meeting pertaining to a personnel matter and that he was also thinking in terms of the proper posting which would eliminate any question about any invalidity that had occurred. Mayor Jones urged that further discussions not be conducted because this is just a motion to confirm an action that obviously 15 not going to change. Council Member Zarsky reiterated that he felt this should be started properly to correct the illegality of the action previously taken. Council Member Kennedy inquired of Mr. Zarsky what he specifically thought would correct the previous action. Council Member Zarsky explained that if this Council wishes to correct the illegality, the notice should. be posted 72 hours before the meeting; the notice should set out the purpose of the personnel meeting and offer the City Manager the right to challenge the action if he desires. He pointed out that the previous notice was an emergency notice to the effect that a personnel matter was to be considered; it did not state that the subject was Mr. Townsend; and he felt that he should have the right to decide whether he wanted the discussion to occur in open or closed session. Council Member Kennedy pointed out that the event they plan to conduct next Saturday to meet the Open Meetings Law in no way affects the fact that this afternoon, Mr. Townsend is stepping down as City Manager and he thinks that should be understood clearly at this time. He reiterated that no matter what happens on Saturday, at the end of this meeting, City Manager Townsend will no longer be City Manager of this City. He suggested to Mr. Zarsky that inutes .egular Council Meeting September 30, 1981 Page 3 if he felt the wording on this notice should be changed, that it should be done at this time so that everything will be appropriate and legal on Saturday. City Manger Townsend pointed out that it was his understanding that his service with the City did not end at the end of the meeting today but at midnight because he did plan to work up until that time. Council Member Kennedy agreed to accept the wording suggested by Mr. Zarsky. Council Member Dumphy expressed the opinion that many times in this country, people have wondered about the legality of anything that they are faced with and that he has often wondered if there is not a better way but he was of the opinion that the way government has of doing things now is the best way. He questioned Mr. Zarsky that if on Saturday there is a called closed meeting to consider the termination of City Manager Townsend and the Council met in closed session in the Conference Room and entered the Council Chamber following that and accepted Mr. Townsend's resignation if that would satisfy the legal question. Council Member Zarsky explained that there was a necessity to be considered of the rights of the individual to be discussed and that individual would have the right to have either an open hearing or a closed• meeting if he desires. Council Member Hawkins agreed that if the majority of the Council wanted to go along with that then he would agree to it also. City Manager Townsend emphasized the fact that he has no question in his mind as to what has taken place and that he did not know what would be gained by going through the motion as it is on the agenda. He pointed out that if the Council intends to do the same thing that had occurred previously, he did not see any reason for the action today. He stated that he felt that the Council acted properly in calling a Special Meeting two hours in advance to accept his resignation, but if they are addressing the first meeting in the way it was called, the motion as it exists on the agenda today would not rectify that situation and there would be no point in having a meeting on Saturday. Minutes Regular Council Meeting September 30, 1981 Page 4 Mayor Jones agreed with City Manager Townsend and expressed the opinion that the only purpose is to legalize what has been done and to be sure that it is legal. He stated that he agreed with Mr. Townsend that this meeting is not necessary but any action the Council decided to take, he would be glad to attend the meeting. Council Member Gulley stated that he spoke against the motion during the morning Workshop Meeting and he still feels that it is a waste of time and even the City Manager agrees that what is set out in this motion is useless. Council Member Dumphy pointed out that Mr. Zarsky had stated that this is for the City Manager Townsend and it is his right. He then questioned City Manager Townsend as to whether he felt that the Council should try to do what Council Member Zarsky is suggesting. City Manager Townsend expressed the opinion that he did not think that what happended two weeks ago during the Workshop Meeting on Wednesday morning is correctible and he did not think that any action now would correct what happened the first time. Council Member Zarsky stated that he agreed with Council Member Gulley that the motion as it is on the agenda is meaningless and that was not the point he was addressing during the morning Workshop Meeting. He explained that the action taken by the Council two weeks ago is subject to legal action and unless it is corrected properly, then this is all a waste of time. Council Member Kennedy then offered the following amendment to the notion listed on the agenda as follows: "that a Special Meeting be called to consider the termination of City Manager Marvin Townsend as City Manager of the City of Corpus Christi and that the option of having this as an open or closed meeting will be at his discretion and that special meeting is to be held at 2:45 p.m., October 3, 1981, and for the Council to take such action as they deem necessary". Council Member Hawkins seconded this amended motion. Council Member Gulley stated that he intended to vote against the motion because he saw nothing wrong with the way the matter was handled before pointing out that it, was the way the Manager agreed was appropriate. The motion passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy, and Zarsky voting, "Aye"; Gulley voting, "No". nutes agular Council Meeting September 30, 1981 Page 5 City Manager Townsend inquired if the Council intended for him to serve as City Manager until that time or not. Mayor Jones stated that he felt that the termination should be effective Wednesday, September 30, at midnight. Council Member Zarsky stated that he objected to this. ********** Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: 1. Bids be received October 20, 1981, for twelve months supply of approximately 900 pairs of safety toe boots and shoes for the Warehouse stock. The boots and shoes are sold to employees through payroll deduction. 2. Bids be received October 20, 1981, for a twelve months supply of Data Processing cards and forms, including 3,970,000 meter reading, work and tax cards; 784,000 utility bills; 3,526,000 standard stock forms and 345,300 printed forms such as payroll registers and time sheets, parking violation notices, hotel occupancy statements and delinquent notices. 3. Bids be received October 20, 1981, for twelve months supply of approximately 12,000 cubic yards of backfill or pipe embedment sand to be used by Water, Gas and Wastewater Divisions. 4. Bids be received October 20, 1981, for one additional spectrophotometer for the Health Department. Recently, the City Council approved renewal of a contract with the Texas Department of Water Resources for laboratory analyzis of water samples. Samples from the Lower Rio Grande Valley were added under the new contract and the estimated reimbursement was increased by $16,000. The additional spectrophotometer is needed to adequately handle the additional samples. 5. Bids be received October 20, 1981,. for a twelve month contract for window cleaning for La Retama Library and International Airport and custodial services for the Tax Office, Finance Department, Data Processing Department, Animal Control and Land Acquisition offices and the Flour Bluff Clinic, Library and Utility Office. 6. Bids be received October 27, 1981, for dishes, flatware, and dish handling equipment for the Convention Center: a. 2,160 sets of dishes; each set including one 10-1/4 inch plate, one 7-1/8 inch salad plate, two 6-3/8 inch plates (bread and desserts), cup and saucer. b. 3,000 sets of stainless steel flatware; each set including 2 teaspoons, 2 restaurant forks, cocktail fork and serrated knife. c. 3,000 10-1/2 ounce glasses. d. 360 bowls (for bullion or sugar) and 360 creamers. e. 250 thermal insulated coffee pots, 250 water pitchers, and 250 sugar racks. f. 98 dollies and carts and 388 carriers, racks and cutlery boxes. Minutes Regular Council Meeting September 30, 1981 Page 6 Caterers and the Restaurant Association assisted in developing this recommendation and concur in the proposed specifications. An alternate bid item provides for gold trim for dishes and a nickle alloy to enhance luster of flatware. In regard to this item, City Manager Townsend requested that Assistant City Manager Bill Hennings display the types of dishes that are recommended by the Restaurant Association. The Council Members discussed at length the various types of dishes and flatware that are being considered. Motion by Dumphy that the City receive bids on four different kinds of china, including the two samples with emblems of the City of Corpus Christi. The motion was seconded by Council Member Hawkins. Council Member Zarsky suggested that bids be solicited with and without the emblems that had been discussed. The motion passed by the following vote: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Turner, Gulley, and Kennedy, absent from the Council Chamber at the time the vote was taken. 7. Bids be received November 17, 1981 for two replacement and one additional ambulance. The replacement ambulances are for a 1975 and 1977 model. The additional ambulance is included in the Revenue Sharing Budget. The Last ambulances purchased were from Capital Ambulance, Inc. selling Star -Line ambulances. Because there were many warranty problems with these ambulances and because the company's response to these problems was very slow, it is recommended that a bid invitation not be sent to this company and that the contract not be awarded to them should they submit the apparent low bid. It is further recommended that bids be solicited for ambulances with diesel -powered chassis rather than gasoline because of the expected lower maintenance cost and higher fuel mileage. 8. The award to Gainan's Chevolet for one replacement 1 -ton pickup truck be cancelled due to unavailability of this particular size of truck in a 1981 model. The truck will be rebid when bids are requested for trucks in the 1981-82 Budget. The factory stopped production of 1981 models before Gainan's order could be filled. 9 Ten replacement air-conditioned diesel 39 -passenger transit coaches with one spare engine assembly, transmission assembly, and airconditioning assembly be purchased from Ontario Bus Industries, Inc., Mississauga, Ontario, on the basis of low bid of $1,168,774.60. These coaches are part of the current capital grant from the Urban Mass Transportation Administration and will be paid for 80% by the Federal government, 13% by the State and 7% by the City. The current buses are 14 years old and have traveled between 500,000 and 700,000 miles. Bids were received from three firms. Price comparison shows an increase of 13% since the last purchase in May, 1979. City Manager Townsend stated that he would like to withdraw item 9 because there was a possibility of an appeal by one of the American comps eie s that had submitted a bid. Minutes egular Council Meeting .,eptember 30, 1981 Page 7 10. A public hearing be held on October 14, 1981 to change the name of Saraline Drive, an undeveloped street located south of Wooldridge Road and north of Saratoga Boulevard to Cimmaron Boulevard. The Planning Commission recommends the change. 11. A revocable easement be granted to Mr. Charles H. Decou for a sidewalk canopy overhang in the public right of way at the northwest corner of Chaparral and Williams Streets. This is the location of Green's Jewelers. A canopy has been attached to the building for at least 20 years but has been removed due to remodeling. The canopy would be nine feet above the sidewalk and would extend six feet into the right of way of both streets. A fee of $100 for the easement is recommended. 12. A 15 -foot wide utility easement be closed in Lots 1, 2, 3, 4, 14, 15 and 16, Block B-5, Port -Ayers Suburban Center. An 8" sanitary sewer is in the easement but the line would revert to a private line and the existing manhole ring and cover would be salvaged for City use. A Furr's Cafeteria is planned for the site. The property is located between the Crosstown Expressway, Port Avenue, Dillon Lane and Horne Road. It is further recommended that the closing be subject to replatting of the property involved into one lot. 13. The proposal of Trinity Engineering Testing Corporation to provide subsurface soil investigation at the Flour Bluff Wastewater Treatment Plant be accepted at $4,013.25 be appropriated for testing necessary to finalize the design of plant expansion. Testing will include soil borings and soil classification, soil strength evaluations, dry weight and moisture content tests. The results will be used by Urban Engineering to complete final plant design. 14. 0.138 acres be acquired as additional setback at the Northwest Branch Library Site. Acquisition cost is $3,300 including $498 for proration of taxes, title insurance, recording fees and other costs related to closing. This 15' by 400' parcel is located on McKinzie Road and is adjacent to the north boundary of the Northwest Branch Library Site. Council Member Kennedy inquired if this acquisition expense would be paid for by the architect. City Manager Townsend explained that if the Council should rezone the property to "AB", the problem could be resolved, but the Staff feels that this extra space would enhance the property and also that this is the best way to correct the problem. Council Member Dumphy interjected at this point that he felt that the zoning ordinance should be examined because it is not very clear in regard to setback requirements and City Manager Townsend agreed that this was true. Council Member Kennedy pointed out that the Council was confronted with a change order at least once a month because of an error and he felt that someone besides the citizens should have to pay for mistakes. In other words, if the architect makes a mistake he pays for it and if the City makes a mistake, the City pays for it. Minutes Regular Council Meeting September 30, 1981 Page 8 City Manager Townsend reiterated that if the Council prefers, the property could be rezoned to "AB", in which case the setback requirement would not be necessary. He also pointed out that the Council is not required to comply with the setback requirements but the Staff feels that the City should comply with its own regulations Council Member Zarsky expressed the opinion that the land should be acquired and Council Member Dumphy agreed pointing out that it would enhance the property. City Manager Townsend summarized and stated that the options are to purchase the land, change the zoning to "AB", or go to the Board of Adjustment for a variance but it would be very unfortunate to have to wait to resolve this matter for those types of action. 15. A 55 -foot drainage easement for the Wooldridge -Staples Drainage Outfall be acquired from Mr. and Mrs. Hilliard M. Taylor for $2,100. The easement is at the rear of Lot B, Block 29, Bass Subdivision which fronts on Sandra Lane. This is the second of six easements to be acquired. 16. A contract for $468,596.44 be awarded to M & M Construction Company, Inc. for expansion of the fixed base operator ramps at the Airport and $490,000 be appropriated including engineering and related expenses. The contract award includes the Van Dussen ramp (formerly Gault Aviation) and approximately 300 feet of the Rayburn Ramp (formerly Dot) including all fencing, excavation and grading. The project is to be financed from a 90% FAA grant and bonds approved in the 1977 Bond Program. **17. The ordinance authorizing an industrial district agreement with B.W.T.-Moore, Inc. be amended, prior to third reading to add a description of the land to be included in the .district. 18. A lease with the United States Government (Federal Aviation Administration) for land immediately north of the control tower at the Airport be approved for F.A.A. for a van mounted engine generator, underground fuel tank and associated equipment which are already installed. The lease will extend on a year to year basis to September 30, 1991. No rent will be paid since the equipment is necessary for operation of the control system at the Airport and is operated by the United States Government at no cost to the City. . 19. A bait stand lease for Witt's Bait & Tackle be renewed for 5 years with Mr. Adolph Wittner and Mr. and Mrs. Billy Wayne Barton. The bait stand has been subleased by Mr. and Mrs. Barton from Mr. Adolph Wittner. The bait stand is located on state owned land on the Kennedy Causeway at the Humble Channel. Mr. Wittner and Mr. and Mrs. Barton have agreed to pay rent of $120 per month beginning in 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 $72 per month. ** Note that City Manager Townsend withdrew item 17. 'inutes egular Council Meeting September 30, 1981 Page 9 *** 20. $455,000 be appropriated out of the Water System Bond Construction Fund for the estimated cost of purchasing the Reynolds water transmission main. The exact amount will be determined when Reynolds submits an inventory of its facilities. It is further recommended that Mr. Matthews be authorized to negotiate with Reynolds to accomplish continued maintenance of the line by Reynolds until the sale has been completed and final agreements negotiated concerning line ownership, maintenance and water rates. 21. The outside city limit (OCL) water rate schedule be supplemented by adding a Public Agency for Resale rates to provide that treated water purchased at the treatment plant site by a public agency for resale in excess of 20,000,000 gallons per month be at the inside city limit (ICL) published rate for water purchased in excess of 20,000,000 gallons. At these volumes the OCL rate is $.41 per thousand and the ICL rate is $.33. The rates will apply for treated water purchased by the San Patricio Municipal Water District and the South Texas Water Authority. 22. A contract for five year concession rights for McGee Beach be approved with Mr. Gabe Hernandez, Corpus Christi. The contractor will pay the City 33% of gross sales. The past contract was was 15.5% of gross sales. Fifteen bid invitations were issued. Five bids were received. City Manager Townsend explained that the City received five proposals for the concession rights at McGee Beach; the proposal submitted by Mr. Hernandez contemplated the sale of beer; the City needs to have the right to prohibit the sale of beer; and there is a possibility that Mr. Hernandez may wish to renegotiate his proposal if he is not allowed to sell beer. He informed the Council that the City Staff had been unable to contact Mr. Hernandez to ascertain whether he would agree to the same percentage of gross sales if he was not allowed to sell beer. *** City Manager Townsend then withdrew item 22 from consideration. **** 23. A contract with for $20,000 with Mr. Fernando A. Turegano be approved for a sculpture of copper and steel called "Sea Bird" to be located at the Bayfront Plaza at the far East on the main plaza. Mayor Pro Tem Turner inquired as to what assurances the City has that the sculpture "Sea Bird" will be completed as they have contemplated and if the same material and colors will be used by the artist. Assistant City Manager Tom Utter slated that as far as the artistic nature of the sculpture, the City had very little control over that. but they would have control over the materials and colors according to the terms of the contract. Mayor Pro Tem Turner stated that she would like to see the contract because she is concerned about this. **** Withdrawn - See page 10. Minutes Regular Council Meeting September 30, 1981 Page 10 City Manager Townsend stated that the contracts are not completed and he would like to withdraw this item until the Council has had an opportunity to examine the proposed contract with Mr. Turegano. He then noted that item 24 called for a closed meeting to discuss employment of the Airport Manager and suggested that this be considered at the end of the meeting. He then stated that he was submitting for the Council's approval items 1 through 21 with the exception of item 9 and item 17, which had been withdrawn. Council Member Kennedy stated that he was under the impression that the second floating barge restaurant was to be on the agenda today. City Manager Townsend explained that the Council needs to have some discussion on the matter since the group who submitted a proposal for the second floating restaurant has requested a long-term lease and the owners of Captain Boomers would also like to have a longer lease. He stated that to be fair to both restaurants, this should be a discussion item next week. Mayor Jones ascertained that no one in the audience wished to speak on the City Manager's Reports. Motion by Turner that the City Manager's Reports items 1 through 21, with the exception of items 9 and 17, be approved; seconded by Zarsky; and passed unanimously. Mayor Jones announced the consideration of the following tabled matter: Request to amend the Platting Ordinance to waive the sidewalk requirement for Coles Industrial Subdivision. The proposed subdivision contains 27.9 acres and is located on County Road 48 east of Highway 77 and the Five Points area outside of the City. The developer is proposing to construct a 40' wide street with curbs and gutters only. The platting ordinance requires construction of 4' concrete sidewalks. This item was tabled on September 16, 1981 for two weeks to allow the applicant to consider executing an annexation contract which would become effective when the subdivision is adjacent to the City. City Manager Townsend suggested that the Council may wish to withdraw this item until they have had an opportunity to discuss this matter fully. He stated that the Staff presentation is ready and it was on the Workshop Agenda for discussion. He stated that the Staff is also concerned about the annexation. He summarized the matter by reminding the Council that. Mr. Cole appeared before the Council and informed them that he had an industrial operation and requested the Council to amend the ordinance so that sidewalks inutes agular Council Meeting September 30, 1981 Page 11 would not be required in industrial parks and the Council tabled the matter until it was ascertained whether Mr. Cole is willing to agree to contractually annex the property when it is adjacent to the City. Motion by Turner that this matter be removed from the table; seconded by Zarsky; and passed unanimously. Mr. Luke Luchenbach, representing Mr. Lee Roy Cole, stated that Mr. Cole was unable to be present and he then read Mr. Cole's statement responding to the requirement for an annexation contract. He related the events that had occurred two weeks ago at the time the request was made and stated that Mr. Cole could not agree to sign an annexation agreement since he did not have a copy before him. Mr. Luchenbach stated that he has agreed to sign a lease in the subdivision and he urged that the sidewalk waiver be granted. City Manager Townsend explained that the ordinance does require sidewalks and the Council could change this at any time. He stated that he could not recommend a waiver to delete the sidewalks unless the ordinance is changed because they felt it would not be fair to other developers of subdivisions. He concurred that the Council had granted waivers for three industrial subdivisions, but the motion that was made at the time was very clear that the ordinance requiring sidewalks would not be changed. Council Member Zarsky expressed the opinion that the waiver should not be approved in this case until the Council has had an opportunity to conduct a hearing on the possibility of changing the ordinance to not require sidewalks in industrial subdivisions. Council Member Dumphy agreed that the possibility of deleting the requirement for sidewalks in industrial subdivisions should be reviewed with the possibility of amending the ordinance. He stated that he felt, however, that the Council should make a decision on sidewalks as soon as possible. City Manager Townsend stated that this subdivider has done nothing unusual even though he promised to dedicate drainage easements on the property; he has agreed to install caliche instead of sidewalks; Mr. Cole is required to have the setback for right-of-way regardless of whether they are inside or outside the City limits; and he felt that the only way the City could control this operation would be by having Mr. Cole sign an agreement to Minutes Regular Council Meeting September 30, 1981 Page 12 voluntarily annex his property when it is adjacent to the City limits. City Manager Townsend also pointed out that the developer's water is supplied by Robstown; there was a question as to whether Robstown is committed to an 8" water line for service in this type of subdivision; and he was apprehensive as to how the City can be assured that an 8" water line will be installed. Council Member Gulley expressed the opinion that Mr. Cole should be allowed to go ahead with his project with the understanding that right-of-way for sidewalks will be provided until it is determined whether or not sidewalks will be required in the future. Motion by Zarsky that the builder agree to build the sidewalks but not be required to actually install them until the Council has made the decision within the next six months as to whether sidewalks should be required in industrial subdivisions and that this be in contractual form; seconded by Gulley; and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarksy voting, "Aye"; Turner, absent at the time • the vote was taken. City Manager Townsend asked about the annexation matter and Council Member Zarsky expressed the opinion that the annexation should be considered at this time as suggested by the City Manager. Mayor Jones agreed since the City would have no control in view of the fact that water is supplied by Robtown. Council Member Gulley stated that he did not see that this was necessary. * Council Member Kennedy departed the meeting at 4:00 p.m. Council Member Zarsky suggested that the Council table this matter to allow Mr. Cole to examine his position before it is voted on and suggested that possibly the Council should hear from him before this is finally acted on. He suggested that the annexation issue be tabled until Mr. Cole is present to express his opinion. City Manager Townsend stated that the contract could be drafted to include an agreement to annex. Council Member Gulley referred to the meeting conducted jointly with the Planning Commission and expressed the opinion that those members did not feel that annexation should be a part of plat approval. • Tinutes agular Council Meeting Jeptember 30, 1981 Page 13 Mayor Jones stated that he felt that the Council does have a legitimate interest in this subdivision because they may have to resolve the matter at a later date. Council Member Gulley reiterated that there is nothing in the platting requirement that speaks to annexation. Motion by Zarsky to table the issue of annexation on the Coles Industrial Subdivision; seconded by Hawkins; and passed unanimously. ********** Mayor Jones announced the public hearing on the following matter: 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 feet 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. II. is recommended that the work be included in the Nueces County Courthouse Area Street Improvement project by change order. The cost of these improvements is estimated at $6,800 with property owners assessments at $6,693.76. City Manager Townsend stated that Mestina and Artesian Streets should be included in the Nueces County Courthouse Street project. Assistant City Attorney Bob Coffin informed the Council that this hearing is necessary to provide the basis for this Council in its legislative capacity to determine if the cost of the assessments to the property owner is equal to the enhancement of the property. Assistant City Attorney Coffin called as his first witness Mr. Gerald Smith. Through questioning of employed as Chief Engineer Mr. Smith he determined that he has been in the Engineering and Physical Development Department of the City of Corpus registered in the State of Texas; he Christi; Mr. obtained his Smith is degree in a Civil Engineer Civil Engineering from the University of Texas at Austin; and that he has been employed by the City in his present position for approximately 11 years. Chief Engineer Smith displayed a transparency and located the streets already included in the project as well as Mestina and Artesian Streets which are proposed to be included in that project. He explained that a contract for the Nueces Courthouse Area Street Improvements was awarded on August 26, 1981 to the low bidder, Isles Construction Company and after the award, there Minutes Regular Council Meeting September 30, 1981 Page 14 was a request to add some minor work on the other side of the Courthouse. He described the plans for the improvements of Mestina and Artesian Streets, indicating that the improvements will consist of excavation to a width and depth to permit the laying of header curb, 6" compacted subgrade, 8" compacted caliche base, and 11/2" type D hot asphaltic concrete pavement. He stated that construction of these street sections will be three feet wide on the west side of Artesian Street and eight feet wide on the north side of Mestina Street as shown on the plans. He also noted that completed construction will sidewalks and a 40 -foot wide all-weather street section on both streets. Mr. Smith stated that the Staff proposes that the project by change order at a cost to the only Braslau Furniture Company, of $6,209.86 for the parking is prevalent on both streets and the Traffic discussing this aspect of the street improvements. Council Member Dumphy at this point interjected provide these streets be added to property owner affected, streets. He noted that Engineering Department is a question as to who is responsible for mowing the grass in that area and City Manager Townsend replied that the abutting property owners are responsible. Discussion followed on uncut grass in easements. Assistant City Attorney Coffin explained that when rights-of-way are abandoned, the abutting owner acquires the property and is responsible for maintenance. Council Member Zarsky inquired if notices are sent to property owners that they are responsible for mowing, and City Manager Townsend replied not on a regular basis, but only when complaints are received in Neighborhood Improvement Department. Mayor Jones inquired about the possibility of newspaper advertising to the effect that abutting property owners are responsible for mowing the easements. City Manager Townsend explained that that is permissible and is a very good idea. Council Member Zarsky suggested that a regular ad be inserted in the newspaper to this effect and also suggested that the Staff contact any news media that provides free public service announcements to ask that they make an announcement that easements belong to the abutting property owner who is responsible for mowing. "inutes egular Council Meeting September 30, 1981 Page 15 City Manager Townsend assured the Council that this will be brought to the attention of Information Services Department. Mr. Coffin called as his next witness, Mr. W. J. Holly, Real Estate Broker and Appraiser. Assistant City Attorney Coffin questioned Mr. Holly and determined that he is a Real Estate Broker, and Appraiser registered in the State of Texas; That he has been appraising property for over 28 years; his experience includes work for the City of Corpus Christi for the past six years; and that he is thoroughly familiar with the paving project for this area. Mr. Holly testified that he has examined this property and discussed it with the owners of the Braslau Company. He stated that all of the lots are regular shaped, and in his opinion, the value of this property will be enhanced at least in the amount of the assessment. Mr. Tony Norrell, secretary for Braslau, stated that they do not feel that they will receive as much benefit as the amount of the assessment which is in the amount of over $6,200. He stated that every space around their property is filled with parked cars; it is impossible for them to mow their right-of-way because of this; and they do not feel that their customers will receive any benefit since they do not have space to park. He stated that they have requested a traffic light at the intersection of Artesian and Leopard Street because their trucks have difficulty in exiting the area. He noted that the Nueces County Courthouse address is listed as being on Leopard Street and everyone from out-of-town goes by that corner. He informed the Council that their employees have to walk several blocks down Leopard Street through the construction area and this is particularly bad for their lady employees. Mr. Norrell expressed the opinion that if his company is going to have to invest $6,000, then something should be done about this parking and traffic situation. Mayor Jones suggested that the employer is responsible for the parking of his own employees. Mayor Pro Tem Turner agreed that there is a traffic problem at that corner and City Manager Townsend stated that the Traffic Engineer is studying this now and traffic bumps at the curb could be included to be installed after the construction has been completed. Minutes Regular Council Meeting September 30, 1981 Page 16 City Manager Townsend also pointed out that the Traffic Safety Advisory Board is the board to which a request for a traffic light should be addressed. There were no further comments on this subject. Motion by Gulley that the hearing be closed, seconded by Turner, and passed unanimously. Motion by Hawkins that the preliminary assessment roll for the improvements to Artesian and Mestina Streets be approved; seconded by Dumphy; and passed by the following vote: Jones, Dumphy, Gulley, and Hawkins voting, "Aye"; Turner, Kennedy and Zarsky, absent from the Council Chamber at the time the vote was taken. ********* Mayor Jones announced the pending zoning on the following case: City of Corpus Christi, from "A-2" and "R-2" to "R -1B" located south of Mary Street, north of Highland Boulevard, between Osage Street and Duncan, Dolores Avenues. This application was heard on September 9, 1981, and was tabled so that the staff could contact the property owners within the area proposed to be changed and explain in more deail the reason for the City's request to change the area from multi -family to single-family. Fourteen property owners were opposed, of which nine are now in favor as a result of further discussion. City Manager Townsend informed the Council that the Staff has worked with the property owners, and seven of them who previously objected to the change of zoning have now agreed to it. Chief Planner Larry Wenger briefly summarized the case that was previously heard, showing slides, etc. He explained the contacts that were made with the property owners in the area and pointed out the location of the property whose owners still object to the change of zoning. He informed the Council that most of the property is occupied with single-family dwellings even though the zoning is "A-2" or "R-2". City Manager Townsend commented that it was his understanding that the Council wanted the Staff to contact all property owners who objected, and if they concur with the change, their property should be included. in the ordinance and those who still objected to the change of zoning, should have their property deleted from the ordinance. `dinut.es .2egular Council Meeting September 30, 1981 )'age 17 Motion by Turner that the change of zoning on this application to "R-113" be approved with the exception of the property owners who still objected to he change; seconded by Gulley; and passed by the following vote: Jones, Turner, Dumphy, Gulley, and Hawkins voting, "Aye"; Kennedy and Zarsky, absent from the Council Chamber at the time the vote was taken. ********* Council Member Gulley suggested that the Council discuss the request for additional applications for the industrial districts be considered at this time. City Manager Townsend informed the Council that requests had been received for inclusion in the industrial district from Fordyce Company by e letter from Mr. Cecil Burney and located the areas that have already been taken out of the annexation election. He stated that basically this property has a dock but the vacant land has some storage. Mayor Jones stated that he would be inclined to grant this request for this company to sign an industrial district agreement. Motion by Gulley that the Council omit the Fordyce Company from the annexation election because there are no improvements there; seconded by Turner; and passed by the following vote: Jones, Turner, Gulley, Hawkins and Zarsky voting, "Aye"; Dumphy, abstaining; and Kennedy, absent. City Manager Townsend then presented the requests of Joe D. Hughes Trucking Company to enter into an industrial district agreement so that they could be omitted from the proposed annexation. He explained that this company is in a very similar category as Jess Edwards, Incorporated at Tule Lake Park and that this company did not agree to sign before but now they desire to do so. Mayor Jones expressed the opinion that there will be other requests in addition to this one and all should be treated the same. Council Member Zarsky mentioned a petition that was received from twenty property owners outside the City limits who had indicated their desire to join an industrial district. Council Member Dumphy expressed the opinion that all of the property owners who signed that petition have requested to be allowed to join industrial districts and that he felt that the City should have allowed an entire industrial district as a geographical area. Minutes Regular Council Meeting September 30, 1981 Page 18 Mayor Pro Tem Turner stated that she was of the opinion that even though these companies have had an opportunity to sign an industrial district agreement, the Council should still allow them to join. She agreed that a geographical district area should have been established. Speaking on behalf of these property owners who had signed the petition was Mr. Mike Kendrick, Attorney, who provided a brief history by stating that all of the companies that he represented before at the time the Council was first discussing industrial districts were not concerned with the minimum payment provisions. He explained that one of the owners on the list was Mr. Robert Jenkins who did submit an application prior to the many amendments that were passed on the industrial district agreement. He agreed that these companies have waited to see if the City is actually going to annex them but expressed the opinion that these small companies should be treated the same as the Targe companies. He stated that they would like to sign an agreement with the condition that paragraph I11 (f) be deleted in its entirety as it applies to the minimum of $2,000,000 as the value of a company. He informed the Council that twenty small companies have made this request through this petition, and if it is not granted, they will fight the annexation issue. Mayor Jones suggested that the Council act on this on October 7, 1981 and that it be listed on the Workshop Agenda. City Manager Townsend pointed out the necessity for haste in agreeing to these industrial district contracts since the ordinance calling the election must he passed next Wednesday, therefore, this matter needs to be discussed today so that the annexation ordinance can be passed next week, including the metes and bounds descriptions. Mr. Kendrick assured the Council that the company owners will sign an industrial district agreement if paragraph III (f) is omitted from the contract. City Manager Townsend pointed out that if this property is annexed, they will pay 624 taxes on land and improvements and on personal property; the industrial district agreement that Mr. Kendrick supported does not involve personal property; they have a lot of personal property and not many improvements. He summarized by stating that Mr. Kendrick is requesting that the Council delete that clause and if this is done, this will affect those that have already signed industrial district agreements including the Jess Edwards, tin utes regular Council Meeting September 30, 1981 Page 19 Inc. contract that is before the Council at this time. He stated that the Council should give them the same consideration. Mayor Jones pointed out that if the Council accepts this, they will have to go back and change all of the industrial district agreements. Mr. Kendrick pointed out that PPG Industries did not change their contract to include the favored nations' clause but he felt. that Jess Edwards should be given the same consideration as that proposed by these companies. City Manager Townsend informed Mr. Kendrick that he might explain to the Council how he could say that one company can provide the same services inside the City limits and pay taxes and these companies should be allowed to provide similar services and not pay taxes. Mayor Jones agreed by stating that the most important question pertaining to this entire matter was equitable payment for people inside the City limits with those who are outside the City limits and he felt that everybody should pay some fair share. City Manager Townsend asked Mr. Kendrick what services the companies inside the City limits receive that those outside the City limits do not. He again pointed out that there is a lot of personal property here; the taxes will be almost nil if you don't care whether the companies are outside the City limits. Council Member Gulley noted that he was not on the Council when industrial districts were discussed but he thought that the purpose was to reserve some land outside the City limits for expansion. Mr. Kendrick reiterated that these companies want to sign the industrial district contract if they can mark out paragraph III (f). After further discussion, City Manager Townsend stated that if the Council is going to change the rules, they should tell the Staff quickly so that all property owners will have notice that it is being changed. He urged that this be done today in terms of instructions to the Staff even though no formal action can be taken and all of the companies should be aware of this. Mr. Robert Jenkins, one of the property owners, stated that they have not contacted all of the companies in regard to this. Council Member Gulley pointed out that these companies have certainly waited a long time and this has put the City in quite a bind. Minutes Regular Council Meeting September 30, 1981 Page 20 Mayor Jones again suggested that this item be placed on the Workshop Agenda next week to consider the existing contract or an alternative. City Manager Townsend stated that if the Council desires to consider some other minimum, it should be so stated at this time. , Motion by Zarsky that the Council accept the offer of anyone in the area but that the minimum be one-half of $1,000,000 with a $500,000 minimum rather than one-half of $2,000,000, and under the circumstances, he was reluctant to make the recommendation but he felt that some effort should be made to accommodate these companies. Mayor Jones then inquired if the present contract says it would he a payment on the minimum of $2,000,000. City Manager Townsend explained that the contract states that it is 50% on the improvements, so it's really $1,000,000, and these companies listed could join an industrial district for the taxes on their land plus $6,200 at this time. He noted that the alternate is less than that and the alternate says "on full sales tax or full property tax" if it doesn't exceed that, so if the real tax to the City would be less than that on everything = personal property, improvements, sales tax, etc. ,= then it could be less than that. Council Member Hawkins asked for an explanation of the motion, and Council Member Zarsky confirmed that it would be one-half of what it is now. Council Member Gulley stated that he assumed that everything else would stay the same except that instead of one-half of $2,000,000 it would be $500,000. Mayor Jones stated that that would be the minimum but it could be more, or in other words, land plus $3,100. Council Member Hawkins seconded the motion. Mayor Jones clarified the motion by stating that a motion and a second had been made that the Council consider industrial district contracts for these companies and all other companies in the extraterritorial jursidiction in the basis of $500,000 as opposed to $1,000,000. Mayor Pro Tem Turner suggested that the Council allow Mr. Reed to speak. !inutes regular Council Meeting September 30, 1981 Page 21 Mr. Robert Reed, representing H. S. Sizemore and Sons, reminded the Council that at the time this was being considered, he appeared before them and urged that an entire area of a whole district be designated as an industrial district. He expressed the opinion that the current contract is not equitable and is discriminatory on the part of the small industry versus the big industry. He alleged that the Council designed a discriminatory agreement and reminded them that at one time, they had considered the $250,000 ceiling instead of $2,000,000, which he felt would have been fair. He stated that he did not concur with the recommendation to reduce the $2,000,000 to $1,000,000 because he felt that it was still discriminatory. Mayor Jones explained that at the time the $250,000 ceiling was considered, it was determined that when they examined it in terms of the revenue that it produced, it resulted in an industry in the extraterritorial jurisdiction paying lower taxes than people in the City limits are paying on their homes, which would be completely unfair. Mr. Reed disagreed and pointed out that these properties outside the City limits do not have sewer service. Mayor Jones attempted to ascertain the value of the companies that are on the petition, and only one gentleman, Mr. Chuck Borraza, stated that the value of his property and improvements was $190,000. After further discussion, Mayor Jones reiterated that a motion and a second had been made but the minimum would be $500,000 and inquired if there was any further discussion. City Manager Townsend summarized by stating that the nature of the motion is for the Staff to bring forth next week a motion to change the basic ordinance to $500,000, notify all property owners in the area of the proposed annexation, and if they have submitted to the City by next week an intent to sign such a contract, then they could be deleted from the annexation. Council Member Zarsky agreed that that was the thrust of his motion. Mayor Jones pointed out that there is a lot of work that must be done and in order for them to make a decision next week, the Council must know how many contracts are going to have to be changed on the favored nations' plan. He expressed the opinion that the motion is a good one and there is no alternative. Minutes Regular Council Meeting September 30, 1981 Page 22 City Manager Townsend pointed out that action can be taken on this once it is on the agenda, but the Staff needs to know what to prepare so that it can be before the Council next Wednesday for action. He stated that there is a need to inform the Staff what possibilities they want so the Staff can develop as many alternatives as they desire. Mayor Jones stated that he felt there were three; (1) that the contract for these owners is the contract that stands now for everybody; (2) would be what they are asking for here and (3) the alternative which Mr. Zarsky proposed on a minimum of $500,000. Council Member Zarsky expressed the opinion that he did not feel it would be possible for the Council to receive a response from all the people in that area and giving them that many alternatives would be very difficult. He expressed the opinion that he felt it would be a lot simpler if the property owners involved knew just what the Council has proposed, and if they wish to sign the industrial district contract under those terms, the City needs to have their answer by next week. Mr. Jenkins addressed the Council again and stated that he understood that City Manager Townsend is indicating that he would like to have descriptions of the land and so forth. He stated that as a group, he will attempt to acquire descriptions, etc., from all of the people who have agreed to sign the agreement. He stated that if he can be provided with twenty copies of the contract, he would attempt to get them signed and presented to the City, hopefully, with the metes and bounds descriptions included. Mayor Jones reminded him that the Council must take action on the annexation ordinance on October 7, 1981. Mr. Jenkins reiterated he will do what he can to obtain the information required but expressed the opinion that the property owners on the petition might not be in agreement with Mr. Zarsky's motion. Mayor Jones called for the vote on the motion and it passed by the following vote: Jones, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, absent at the time the vote was taken. `inutes egular Council Meeting September 30, 1981 Page 23 Also speaking in regard to the proposed annexation issue was Mr. Gordon G. Mandt, 10 Fairway Drive, member of the River Hills Subdivision and also a representative for them. Mr. Mandt referred to a petition presented to the City Council in which the property owners in River Hills Subdivision object to their inclusion in the plan for annexation. He explained that this subdivision consists of a street one block long which contains 19 homes and that all of the property owners in the subdivision have signed the petition. He stated that they acknowledged that there is a need to annex their subdivision some time in the future. Mr. Mandt questioned how this City would benefit from the annexation of this small subdivision pointing out that the total value is approximately $1,000,000 and on the basis of 62$ tax per $100 valuation, only $6,200 would be paid to the City. He pointed out that for that amount, the City would have to provide City services and he questioned whether this could be done pointing out that they have fire protection provided by the Annaville Volunteer Fire Department. He stated that they do not object to being annexed at the time the large business district that would be located at Five Points is annexed. Also objecting to annexation in this area was Mr. Charles Mann, representing the River Hills Country Club. He stated that they are of the opinion that no services will be provided by the City and the only result would be to burden the Country Club with taxes. City Manager Townsend referred to the question of new services the City will provide; stated that the City will have to take care of street maintenance; police protection is already provided to the schools in that area and there would be very little more distance involved in police protection for this subdivision; the City has a contract with the Annaville Fire Department and that area pays a 3( tax for fire protection by their choice. Mayor Pro Tem Turner asked if there would be any objection to delaying annexation of River Hills Subdivision until the City annexes the Wood River Subdivision which is in the same area. Mayor Pro Tem Gulley expressed the opinion that since the Padre Isles Country Club has been omitted from the annexation proposal, he was of the opinion that to be consistent, the River Hills Country Club should also be omitted. He stated that he would prefer to annex the portion down FM 624 and omit the other tracts proposed. Minutes Regular Council Meeting September 30, 1981 Page 24 Council Member Zarsky suggested that the Council consider a signed voluntary annexation contract with the residents of River Hills Subdivision which would show their willingness to annex in a few years. Council Member Hawkins inquired of those in the audience how many would consider voluntary annexation in 1983. Mr. M. D. McCarty, a property owner in River Hills Subdivision, noted that Wood River Development is proposed to be constructed in stages and it is to be annexed to the City as it plats the property after 1983. He expressed the opinion that he would be willing to voluntarily annex to the City at the time Wood River Subdivision is 50% developed. Also speaking in opposition to the annexation of River Hills Country Club was Mr. Pat Hill, who is president of that club. After further discussion, Council Member Gulley made a motion that the annexation line be moved back 200' north of the right-of-way of FM 624 to omit Hazel Bazemoor Park, River Hills Subdivision and River Hill Country Club. The motion was seconded by Mayor Pro Tem Turner. Council Member Zarsky stated that he would have to vote against this motion unless the City has a voluntary annexation agreement signed by the owners of River Hills Subdivision since Wood River Subdivision will be annexed in 1983. Mayor Jones and Council Member Hawkins concurred with that statement. City Manager Townsend pointed out that signing an agreement to annex only means that they will come to the City to annex subject to all state regulations, and there is a possibility that during the annexation procedures, the Council in office at that time might decide not to annex this property. Noting the conflicts that arise from annexation elections, City Manager Townsend stated that he strongly recommends that the City Charter be amended to allow for the City's orderly annexation each year for perhaps one-half a mile a year of adjacent property. Mayor Jones called for the vote on the motion and it failed to pass due to the fact that a majority of the Council did not vote in favor of it. The vote was as follows: Turner, Dumphy and Gulley voting, "Aye"; Jones, Hawkins and Zarsky voting, "Nay". inutes egular Council Meeting September 30, 1981 Page 25 Council Member Zarsky. then recommended that if the people referred to in the last motion could unanimously agree to voluntarily annex their property by December 30, 1983, he felt that they could be excluded from the annexation election. Council Member Zarsky then made a motion to that effect. A gentleman representating River Hills Country Club stated that with all of their members they could not possibly sign such an agreement. Mayor Pro Tem Turner suggested that on the question of voluntary annexation, if the Council would consider separating the subdivision from the River Hills Country Club on the issue of signing the annexation agreement. Motion by Turner to allow the twenty residents of River Hills Subdivision to sign a voluntary annexation agreement as of December 30, 1983, and if they do so, that they be excluded from the annexation election. . Council Member Zarsky waived his previous motion and Mayor Pro Tem Turner's motion was seconded by Council Member Hawkins. City Manager Townsend asked for a clarification on the motion and suggested that the motion address 100% of the platted lots and future platted lots, and in that case, the Country Club and Hazel Bazemoor Park could also be excluded from annexation. The motion passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, absent at the time the vote was taken. Mayor Jones referred to a memorandum from City Secretary Read in regard to the necessity to designate voting delegates for the National League of Cities' Conference. Motion by Dumphy that Mayor Luther Jones be designated as the delegate for Corpus Christi and Mayor Pro Tem Betty Turner and Council Member Herbert Hawkins be designated as the official alternates; seconded by Gulley; and passed unanimously. Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda and withdrew the ordinances affected by the City Manager's Reports which had previously been withdrawn. Minutes Regular Council Meeting September 30, 1981 Page 26 There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. DOT-FA76SW-1313 WITH THE UNITED STATES GOVERNMENT ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION FOR LAND TO BE USED FOR A VAN MOUNTED ENGINE GENERATOR, UNDERGROUND FUEL TANK, AND ASSOCIATED EQUIPMENT IMMEDIATELY NORTH OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT CONTROL TOWER FOR A TERM BEGINNING JULY 1, 1976, AND ENDING SEPTEMBER 30, 1976, AND FURTHER RENEWALS BY THE GOVERNMENT ON A YEAR TO YEAR BASIS BUT NOT TO EXTEND BEYOND SEPTEMBER 30, 1991, ALL AS MORE FULLY DESCRIBED IN THE LEASE AND SHOWN ON THE DRAWING NO. SW -C-8517, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Zarsky voting, "Aye"; Kennedy, "absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. ADOLPH WITTNER AND MR. AND MRS. BILLY WAYNE BARTON DBA WITT'S BAIT & TACKLE FOR THE CONSTRUCTION AND OPERATION OF A BAIT STAND BUSINESS ON TRACT 10 OF THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE HUMBLE CHANNEL CROSSING ON THE PADRE ISLAND CAUSEWAY FOR FIVE YEARS TO FURTHER PUBLIC RECREATION AND PROVIDING FOR MONTHLY RENT PAYMENTS OF $120, ALL AS MORE FULLY SET FORTH IN THE GREEMENT, 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, and Zarsky voting, "Aye"; Kennedy, "absent". FIRST READING: AMENDING SECTION 55-50 OF THE CITY CODE OF ORDINANCES, 1976 REVISION, AS AMENDED BY ORDINANCE NO. 16466, PASSED AND APPROVED AUGUST 12, 1981, BY ADDING CERTAIN SCHEDULES THEREIN SO AS TO PROVIDE FOR PUBLIC AGENCY FOR RESALE WATER RATES, AS MORE FULLY SET FORTH HEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". SECOND 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. (First Reading - 9-23-81) 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 and Zarsky voting, "Aye"; Kennedy, "absent". [inutes .egular Council Meeting September 30, 1981 Page 27 ORDINANCE NO. 16568: AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT WITH CHARLES H. DECOU FOR THE CONSTRUCTION OF A BUILDING OVERHANG APPROXIMATELY 9.0 FEET ABOVE A PUBLIC SIDEWALK ACROSS 31 FEET OF THE CHAPARRAL STREET FRONTAGE AND 32 FEET OF THE WILLIAMS STREET FRONTAGE OF THE GREEN'S JEWELERS COMPANY LOCATED AT CHAPARRAL AND WILLIAMS STREETS IN THE DOWNTOWN AREA, AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, 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, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16569: CLOSING AND ABANDONING THAT PORTION OF THE 15 FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1, 2, 3, 4, 14, 15, AND 16, BLOCK B-5, PORT AYERS SUBURBAN CENTER, AS SHOWN ON EXHIBIT "A", THE EXISTING 8" DIAMETER SANITARY SEWER IN SAID EASEMENT TO REVERT TO A PRIVATE LINE; PROVIDING FOR THE UPSTREAM MANHOLE IN THE EASEMENT TO BE REMOVED WITH MANHOLE RING AND COVER TO BE DELIVERED TO WASTEWATER SERVICES SUPERINTENDENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16570: AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF AN ADDITIONAL PARCEL OF LAND FOR THE NORTHWEST BRANCH LIBRARY; APPROPRIATING OUT OF THE NO. 269 LIBRARY BOND FUND PROJECT NO. 269-77-1 $3,300 OF WHICH AMOUNT $2,802 IS FOR ACQUISITION AND $498 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16571: AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL SUBMITTED BY TRINITY ENGINEERING TESTING CORPORATION FOR A GEOTECHNICAL INVESTIGATION AT THE FLOUR BLUFF WASTEWATER TREATMENT PLANT; APPROPRIATING $4,013.25 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-19, LAGUNA MADRE (FLOUR BLUFF) PLANT EXPANSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16572: AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL 10, A DRAINAGE EASEMENT FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL -PHASE I, PROJECT 295-70-66; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND, $2,100 FOR ACQUISITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". minutes Regular Council Meeting September 30, 1981 Page 28 ORDINANCE NO. 16573: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH M&M CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF THE FIXED BASE OPERATOR RAMPS AT CORPUS CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING $490,000 OUT OF THE NO. 245 AIRPORT BOND FUND OF WHICH $468,596.44 IS FOR THE CONSTRUCTION CONTRACT AND $21,403.56 IS FOR ADDITIONAL ENGINEERING FEES RELATED TO RESIDENT INSPECTION, LABORATORY TESTING, CONTINGENCIES AND INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 245-77-3, ADDITIONAL RAMP SPACES CONSTRUCTION (FIXED BASE OPERATORS); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16574: APPROPRIATING $455,000 OUT OF THE NO. 205 WATER SYSTEM BOND CONSTRUCTION FUND, APPLICABLE TO PROJECT NO. 205-81-2, PURCHASE OF REYNOLDS WATER TRANSMISSION MAIN, FOR THE ESTIMATED COST OF PURCHASING A 20 -INCH AND @$-INCH DIAMETER WATER MAIN EXTENDING BETWEEN THE CUNNINGHAM WATER TREATMENT PLANT AND THE REYNOLDS METALS PLANT NEAR INGLESIDE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ORDINANCE NO. 16575: APPROVING AN ALTERNATE PLAN FOR CHANGING THE NUMBER OF DIRECTORS ON THE BOARD OF THE NUECES COUNTY TAX APPRAISAL DISTRICT FROM FIVE TO SEVEN AND SPECIFYING A PLACE SYSTEM TO BE USED IN FILLING SEATS ON THE BOARD OF DIRECTORS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and Zarsky voting, "Aye"; Kennedy, "absent". ********* City Manager Townsend called for discussion of the matter of the financing of the acquisition for the police training facility. He informed the Council that the $470,000 Tax Certificates of Obligation, Series 1981, have been discussed with Corpus Christi National Bank and they have indicated a willingness to address a four-year call provision. He explained the effect that would occur if there is a call provision one year from now. He stated that if the Council desires to have a call provision in one year, the Staff would not recommend it if there is a provision with the understanding that the call provision will be exercised next year because next year the City is going to be very short of funds. Council Member Zarsky expressed the opinion that the City should not • delay on this. Mutes egular Council Meeting September 30, 1981 Page 29 Council Member Gulley indicated that he would not vote for this unless the one year option is called. It was the consensus of the Council (no formal motion or second was made) that the offer of Corpus Christi National Bank be accepted with a call provision for the first year and for four years. The following vote was recorded: Jones, Dumphy, Hawkins and Zarsky voting, "Aye"; Gulley, abstaining; Turner and Kennedy, absent at the time the vote was taken. ********* Mayor Jones called for petitions or information on matters not listed on the agenda. Mr. Ernest Bohannon referred to an article that was in the Corpus Christi Caller in regard to the Amtrak train service that will be phased out between Laredo and San Antonio. He suggested that the Council attempt to persuade Amtrak to provide train service for Corpus Christi which would aid in tourism and provide inexpensive transportation as well as conserving energy. Mr. Ralph Cook stated that he has just completed a mini -warehouse project in Nottarb Subdivision, Unit 3, which is in the City limits. He stated that they, have built their fence out to the curb line and they have been told by the City that they need to relocate their fence. He explained the reason for this was that they have another facility at a location on the crosstown expressway and they have to clean the right-of-way which is very difficult in that area. He stated that they installed the fence on the Nottarb property so that maintenance would be easier. * Council Member Herbert Hawkins departed the meeting at 7:23 p.m. City Manager Townsend stated that it is inconceivable to him that knowledgeable people would construct a fence to include the public right-of-way; they are using probably ten feet of right-of-way for private use; a discussion earlier about keeping the right-of-way clean is no different from a resident fencing in the public sidewalk and extending a fence to the street. He stated that the public should be allowed to use the City's right-of-way. Mayor Jones pointed out that if this request is granted, the Council would have to grant similar waivers over the City. Council Member Gulley agreed that it is not right to fence off public property. Minutes Regular Council Meeting September 30, 1981 Page 30 City Manager Townsend informed Mr. Cook that if he wanted to close the right-of-way, there is a fee of $200 to request such a closing; there must be a public need shown; property owners within 450' would have to be notified; and a public hearing would have to be conducted. City Manager Townsend stated that charges have been filed on this case because of the sidewalk and right-of-way violation. Motion by Turner that the Council convene in closed session to discuss the ACLU litigation to consider the appointment of Council to represent Police Chief Bill Banner and City Manager Marvin Townsend and also to discuss /a personnel matter which is the employment of an Airport Manager, under the provisions of Article 6252-17c, V.A.C.S.; seconded by Zarsky; and passed unanimously at 7:31 p.m. ********* Mayor Jones reconvened the Regular Council Meeting at 7:55 p.m. City Manager Townsend stated that in regard to the employment of an Airport Manager, the Staff will have a recommendation on this next week. Mr. Townsend then referred to the ACLU lawsuit and stated that he would like to have the Council approve this. Motion by Gulley that the firm of Gary, Thomasson, Hall & Marks be employed to represent the City Manager and the Police Chief in the pending litigation against the City; seconded by Turner; and passed unanimously. Mayor Jones, noting that this was the last day City Manager Townsend will be serving in that position, stated that he would like to offer his praise for all of the contributions made by Mr. Townsend since 1956. He stated that Mr. Townsend has made an invaluable impact on the community and informed City Manager Townsend that he has enjoyed working with him since ha has been Mayor of the City and wished him the very best in his future endeavors. Council Member Zarsky also expressed appreciation to City Manager Townsend and stated that there is no man that he has ever met that he admires more. Motion by Gulley that the meeting be adjourned; seconded by Dumphy; and passed unanimously at 8:07 p.m., September 30, 1981. 1, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of August 5, 1981 through August 26, 1981, inclusive, and having been previously approved by Council action, are by me hereby approved as itemized. 8/05/81 - Regular Meeting 8/12/81 - Regular Meeting 8/12/81 - Special Meeting 8/19/81 - Regular Meeting 8/26/81 - Regular Meeting