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