HomeMy WebLinkAboutMinutes City Council - 10/28/1981MINUTES
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
OCTOBER 28, 1981
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins
*** Dr. Charles W. Kennedy
** Cliff Zarsky
Acting City Mgr. Ernest Briones
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 Mrs. Marge Morrill, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Herbert Hawkins.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Jones announced the issuance of a proclamation designating October,
1981 as "INTERNATIONAL TOASTMISTRESS CLUBS MONTHS".
A motion was made by Mayor Pro Tem Betty Turner that the Minutes of
the Regular Council Meeting of October 21, 1981 be approved as. presented;
seconded by Council Member Herbert Hawkins; and passed unanimously.
Mayor Jones then administered oaths to newly appointed members of Boards
and Committees.
Mayor Jones then presented 30 -year pins to the following employees:
Employee: Department:
Position:
* Mr. Mike Aranda Fire Firefighter
Mr. Bill Chalko Police Police Lieutenant
Mr. Leo Marshall Street ROW Cleaning Supervisor
Mr. Bob Mudd Police Police Patrolman
Mr. John Pinson Airport Assistant Airport Manager
Ms. Loyola Seward Fire Sr. Fire Dispatcher.
* Mr. Aranda was absent but eligible to receive a 30 -year pin.
hliCROBLMED SEP 1 9 1984
Minutes
Regular Council Meeting
October 28, 1981
Page 2
** Council Member Cliff Zarsky arrived at the meeting at 2:08 p.m.
Mayor Jones recognized a class from Fisher Elementary School and
welcomed them to the Council Meeting.
*** Council Member Charles W. Kennedy arrived at the meeting at 2:15
p.m.
**********
Mayor Jones called for the City Manager's Reports. Acting City Manager
Ernest Briones presented the following items with related comments and
explanations and recommended that:
1. The following actions be taken on the Purdue Road Sidewalk project:
a. Plans and specifications for the construction of a 4 -foot wide
concrete sidewalk along Purdue Road from Waldron Road to
Windmere Drive be approved and bids be received November 25,
1981.
b. The preliminary assessment roll containing 26 items with a total
assessment of $4,931.97 be approved and a public hearing on the
assessments be held in the Council Chambers on December 2,
1981 at 3:00 P.M.
The estimated City share of the construction is $23,068.03. The
sidewalk will be constructed on the south side of Purdue Road from
Waldron Road to near Lombardy Drive and on the north side of
Purdue Road from east of Lombardy Drive to Windmere Drive. This
project is a 7th Year Community Development Block Grant project.
Council Member Zarsky requested an explanation on this item.
Assistant City Manager James K. Lontos, P.E., displayed a transparency
showing the sidewalk on the south side for a portion and a crossover to the
other side for the continuation of the sidewalk. He explained that the reason
for the break in the sidewalk was because the right-of-way was not available.
Council Member Zarsky pointed out that children will have to cross two
streets to reach the school and inquired about traffic signals at those two
streets.
Mr. Lontos explained the traffic lights have not been installed at Purdue
and Waldron and Mr. Zarsky suggested that some type of traffic control be
considered for those two streets to aid the children in crossing. He also asked
that the Traffic Safety Advisory Board study this problem since elementary
school children will have to cross both Purdue and Waldron.
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Mayor Pro Tem Turner inquired if the School Board was aware that the
street will have to be crossed by the children in order that this sidewalk be
constructed.
Council Member Zarsky agreed that the City should go ahead with the
project but consider the possibility of acquiring right-of-way in order to
eliminate the possibility of having the children cross Purdue Street.
Assistant City Manager Lontos explained that when the Purdue paving
contract is approved for the entire .length, sidewalks will be installed on both
sides of the street. He stated that they hoped that this sidewalk will not have
to be removed when the street is improved.
Council Member Dumphy suggested that the School Board arrange to have
a crossing guard on duty at these two streets.
Assistant City Manager Lontos informed the Council that the sidewalk will
be completed in late January or February and the public hearing is required
because the maximum that can be assessed for sidewalks is $.75 per square foot
whereas the actual cost is much greater than this.
In a related matter, Mayor Pro Tem Turner referred to the Cain Drive
sidewalks and stated that she had been informed that Central Power & Light
Company has poles in the middle of the sidewalk.
Mr. Lontos agreed that there are some serious problems in connection with
that project and stated that it is possible to force the utility companies to
remove the poles from the sidewalks.
2. Plans and specifications for Roof Repairs to the Art Museum of South
Texas be approved and bids be received November 25, 1981. The
roof was damaged by Hurricane Allen and bids were previously
received together with 11 other City buildings, but due to the high
cost, the project was deleted from the award. Specifications for the
necessary repairs to the roof and skylight areas have since been
modified for the current project.
3. Gulf Coast Testing Laboratory be retained to perform testing services
for the . O. N. Stevens Plant Expansion project. Services would
include material quality control, concrete strength tests, tests on fine
and coarse aggregate and concrete mixes, Portland cement tests,
subgrade and base density tests and filter media gradation. The cost
of testing services would be approximately $61,204 with the provision
that $74,000 be budgeted to cover additional structural steel x-ray
tests and other quality control tests which may be required as a
result of the Engineer's request. Funds for testing were included in
the contingency appropriation when the contract was awarded and a
separate appropriation will not be necessary.
4. A 15 foot wide utility easement be closed in Lots 9 and 10, Block 5-B
of Port Ayers Suburban Center subject to replatting. No utilities are
in the easement nor are any proposed. The site is immediately south
of Horne Road between the Crosstown Expressway and Port Avenue.
Drive-in banking facilities are proposed on the site.
Minutes
Regular Council Meeting
October 28, 1981
Page 4
5. A revocable easement be granted to the Country Club Estates
Association, Inc. for erecting a masonry pedestal 8 feet high with a
Country Club Estates cast aluminum marker attached. The pedestals
with markers would be 2 foot by 4 foot wide at the base and would be
erected between the curb and sidewalk on La Costa Drive 150 feet
west of South Staples Street and on Kenith Street 25 feet west of
South Staples Street. A fee of $50 is recommended for the easement.
6. Bids be received November 17, 1981, for 1,150 various shapes and
sizes of aluminum traffic sign blanks for the Traffic and Transit
Department.
7. Bids be received November 25, 1981, for a three year mineral lease
underlying 45.3 acres at Nueces River Park. A request has been
made to lease the minerals. The minimum cash bonus is recommended
to be $50 per acre, the minimum delay rental $10 per acre and the
minimum royalty 20%.
8. The recommendation of the Traffic Safety Advisory Board be approved
that parking be prohibited at all times adjacent to the main lanes of
U. S. Highway 181 from Burleson Street to the Nueces Bay
Causeway. A request for this action has been received from the
State Department of Highways and Public Transportation to curb the
potential for accidents.
9. The City concur in the Nueces River Authority's selection of
Meredith, Coleman, Dalrymple, Schuler and Eley, Certified Public
Accountants, at a cost not to exceed $2,500 to audit transactions from
September 1, 1980 through August 31, 1981 pertaining to Nueces
River Authority revenue bonds sold in 1979 for a portion of the local
share of construction costs for Choke Canyon Dam. The City is
retiring the bonds from water revenues. The City's contract with the
Authority requires the City to pay the cost of inspections, record
keeping, and audits relating to issuance of the bonds. The firm has
been employed to perform the general audit for the Authority. Funds
are available in the Water Division budget.
10. An additional integral wheel loader/backhoe 14-18' be purchased for
the Wastewater Division on the basis of low bid of $28,195 from Girard
Machinery Company, Corpus Christi. Girard submitted the low bid on
a similar price of equipment which was purchased last August. The
company has agreed to hold their price firm for the additional unit
which is in the 1981-82 Budget.
11. Bids be received November 17, 1981, for five replacement high
pressure breathing air cylinders for the Fire Department to store
emergency breathing air. The present cylinders are obsolete and this
is the first step in a program to update the Department's breathing
air equipment.
* 12. The lease agreement with Nueces Landing Company be amended, prior
to second reading, to include a "most favored nations" clause.
Council Member Gulley inquired about the reason for recommending the
favored nations clause on this agreement with Nueces Landing Company.
Acting City Manager Briones explained that this recommendation was
requested by the City Council during a Workshop Meeting. He explained that
Nueces Landing had submitted the highest bid; Captain Boomer's Restaurant's
rate structure was even lower than both of the bids received; the Staff
item was withdrawn from consideration - See page 6.
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Page 5
recommended that percentages be based on the higher rate; but if the City
aproves the Captain Boomer agreement at a lower rate, the Nueces Landing
Company would have the opportunity to renegotiate their agreement for similar
rates.
Council Member Gulley expressed the opinion that at the time Captain
Boomer's lease is scheduled for renewal, that their rates be reconsidered to be
in compliance with this agreement.
Mr. Briones reiterated that the favored nations clause was placed on the
agenda at the request of the City Council during their discussion on barge
restaurants.
Council Member Gulley stated that he felt that since Nueces Landing had
submitted a bid for a certain percentage, they should pay that percentage, and
this favored nations clause is premature.
Council Member Hawkins agreed with Mr. Gulley's statement since the bid
was submitted and accepted and the contract could be renegotiated at a later
date.
Council Member Kennedy pointed out that Captain Boomer's contract will be
in the fifth year at about the same time Nueces Landing Company moves into its
second phase for rates. He suggested that all of this could be brought
together by saying that the favored nations clause could be approved to bring
them into agreement at the time Nueces Landing moves into its second phase.
Council Member Zarsky pointed out that the reasons expressed last week
for the most favored nations clause was that the Council did not want to
establish a precedent because this Council wants to provide fair treatment for
all businesses; this was discussed; and the Council recommended the favored
nations clause to provide equitable treatment for all similar types of operation.
Mr. Briones reminded the Council that the City has a request from Captain
Boomer's -to negotiate a longer term lease and the rates could be considered
when this lease is extended for the longer period of time.
Council Member Gulley still stated that he disagreed that the clause should
be approved at this time.
Council Member Hawkins asked the City Attorney for an opinion about
lowering percentage rates when legitimate bids have been solicited and received.
City Attorney J. Bruce Aycock stated that he would like to study this
before providing a legal opinion.
Minutes
Regular Council Meeting
October 28, 1981
Page 6
Motion by Council Member Gulley that item 12 be withdrawn pending a legal
opinion from the City Attorney next week; seconded by Council Member
Hawkins.
Mr. Briones stated that the Staff does not recommend this favored nations
clause but the Council instructed them to prepare it.
The motion to withdraw item 12 passed unanimously.
13. Bids be received November 17, 1981, for twelve months supply
agreement for portable chemical toilet service for the Sanitation,
Parks and Public Utilities Departments. Approximately, 30 units will
be rented.
14. The Exxon Corporation be granted a permit to drill a well from a
regular location 2,000 ft. seaward of Laguna Shores Drive and 1,200
ft. south of the John F. Kennedy Causeway. The State "U" #2 well
will be directionally drilled from an existing landfill to a depth of
11,500 ft. No exceptions to the Bay Drilling ordinance are
requested.
15. A bait stand lease for Parker's Bait Stand be renewed for 5 years
with Mr. Frank Moore. The bait stand is located on state owned land
on the Kennedy Causeway at the Humble Channel. Mr. Moore has
agreed to pay rent of $130 per month beginning in 1982. The rent
would be renegotiated 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 $78 per month. One-third of the rent is
remitted to the School Land Board with another 25% maintained in an
interest-bearing trust account for planning and constructing public
improvements in the area.
16. Ordinance #16375 which granted a "PUD" PLanned Unit Development
on approximately 22 acres on the west side of W. Causeway Boulevard
and to the south of Nueces Bay be amended to allow the final platting
of portions of the development and the phasing of construction for
the Porto Bello Planned Unit Development. Each phase will consist of
21 to 28 single family homes with a street down the middle and a
canal on each side. The first phase will be completed by January 18,
1982 and the last phase by August, 1982.
17. The hearing date on an appeal from the decision of the Planning
Commission on the plat of Allen and Cameron Industrial Park Unit 2
requiring the construction of one-half of Sedwick Road be changed
from November 4 to November 18, 1981 at the request of the attorney
representing the developer.
18. The recommendation of the Marina Board be approved to allow
commercial boat brokers to sell their craft from assigned slips in the
Marina. Only one craft would be allowed per slip and any one broker
shall not have more than five slips. The rate for brokerage slips
would be 140% of the standard pleasure craft rate of five cents per
square foot or $.07 per square foot.
Mayor Pro Tem Turner questioned the recommendation to allow commercial
boat owners to have five slips.
Mr. Briones explained that this recommendation was studied by the Marina
Board and they recommended the allowance for five slips.
Noting the presence of Mr. John Stensland in the Council Chamber, Mayor
Jor-- asked him to speak on this subject.
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Mr. Stensland explained that the Marina Board recommended this allowance
but pointed out that the boat dealers will have to obtain rental space the same
way everyone else does, or in other words, they would have to have their
names on the list until slips are available. Mr. Stensland also noted that this
particular owner is the only one who has five slips at this time; he has been
there for a number of years; and because of this, the Board made this
recommendation.
Council Member Kennedy inquired about the progess of updating the boat
slip lease and Mr. Tom Utter explained that this process is continuing at this
time since there is now a charge for having a name placed on the waiting list.
He stated that there are 400 names on the list at this time.
19. Ordinance No. 16564, which authorized an industrial district
agreement with Jess Edwards Inc. for the Tule Lake Industrial Park,
be amended to substitute for the original agreement one which does
not provide for a minimum payment. Mr. Hill, the owner of the
industrial park, has executed the alternate 4greement recently
approved by the City Council.
20. An agreement be approved with Mr. Leroy Coles pertaining to the
development of the 27.9 acre Coles Industrial Subdivision. The
agreement, brought about by a recent sidewalk waiver request by Mr.
Coles, provides for construction plans for the subdivision being
approved requiring the construction of 4' wide concrete sidewalks
with the City making a decision within six months on the waiver
request, after which the sidewalk may or may not be constructed.
Council Member Zarsky inquired if Mr. Coles has agreed to the statement
here and Mr. Briones explained .that item 20 of the City Manager's Reports and
item J, concerning the tabled natter to amend the Platting Ordinance are
related and asked Mr. Lontos to provide background information.
T•
1. Request to amend the Platting Ordinance to waive the sidewalk
requirement for the 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 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. The item was tabled for two weeks on September
30, 1981 to allow the development of a contract wherein the developer
agrees to submit plans for construction of sidewalks in the
subdivision with construction not to occur until the City Council
reviews the matter of sidewalks in industrial subdivisions. The
subject of annexation of the subdivision when it becomes contiguous
to the City was also tabled. On October 14, the matter was tabled
for two more weeks at the request of Mr. Cole.
Assistant City Manager Lontos located the subdivision on the transparency
and reminded the Council the matter was tabled with the request that an agree-
ment be prepared to include the question of whether or not sidewalks should be
Minutes
Regular Council Meeting
October 28, 1981
Page 8
placed in the industrial subdivision and that a six-month delay be granted
before requiring the installation of the sidewalks.
Mr. Cole addressed the Council and pointed out that the Planning
Commission did not recommend tabling the matter. He stated that he was not
present during the public hearing before the City Council and his
representatives did not feel that annexation and sidewalks should be a combined
issue.
Council Member Gulley pointed out that there is no requirement in the
Platting Ordinance whereby the City can require annexation when a waiver of
the sidewalk requirement is being considered because the two matters are not
related.
Acting City Manager Briones pointed out that this tabled matter should be
decided before item 20 of the City Manager's Reports which pertains to waiving
the sidewalk requirement at this time. He stated that the Council should decide
if annexation of that property is appropriate at this time, and then, there
needs to be a decision to waive the sidewalk requirement.
Mayor Jones inquired about water and sewer service, and Mr. Lontos
explained that the subdivision developer must meet the City's requirements in
regard to this but the water to serve the subdivision will come from Robstown.
Mr. Briones suggested that the Council consider City Manager's Reports,
items 1 through 19 and delay the decision on item 20 until the annexation issue
has been considered.
Mayor Jones ascertained that no one in the audience desired to speak on
the City Manager's Reports.
A motion was made by Mayor Pro Tem Turner that the City Manager's
Reports, items 1 through 19, be approved; seconded by Council Member
Zarsky; and passed unanimously.
The Council returned to the discussion of the tabled matter.
Mr. Briones further explained that this item deals with the requirement for
Coles Industrial Subdivision to voluntarily annex at the time it is contiguous to
the City.
Mr. Coles expressed the opinion that the matter of requiring the sidewalks
is simply blackmail; he stated that he is agreable to annexation; but the City
has a problem with signing an annexation agreement for this subdivision
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L.„..ober 28, 1981
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because several lots have already been sold. He assured the Council that he is
not opposed to annexation but he is opposed to the combination of the two
items.
Mayor Jones assured Mr. Cole that the City is not attempting to blackmail
him because there is just an honest difference of opinion in regard to the
requirement that sidewalks be constructed and the Council is apparently willing
to agree to a plat that includes sidewalks but that the sidewalk construction be
delayed for six months for further study to see whether or not the City will
continue to require the construction of sidewalks in industrial subdivisions.
Mr. Coles stated that he agreed to the sidewalk contract with the delay of
six months but he does not feel that he should be required to annex by
contract. He informed the Council again that he has sales contracts on most of
the lots in the subdivision.
Acting City Manager Briones pointed out to Mr. Coles if he is in the
process of selling lots that have not even been platted, then there really is a
problem.
Mayor Jones summarized by pointing out that Mr. Coles has agreed to sign
a contract in regard to the temporary waiver of sidewalks, and Mr. Briones
stated that the phrase pertaining to annexation has been deleted from the
contract referred to.
A motion was made by Council Member Gulley to waive the sidewalks in the
Coles Industrial Subdivision for six months and approve the plat presented.
Mr. Briones pointed out that the subject of annexation of the subdivision
was tabled for two weeks and for an additional two weeks until October 28 to
consider the stipulation that when the subdivsion becomes contiguous to the
City, it will be annexed.
Council Member Kennedy referred to the contracts that Mr. Coles evidently
has to sell lots to his clients and inquired about the situation pertaining to
annexation since several people will be involved.
City Attorney Aycock explained that the people who have agreed to
purchase lots would have to agree to the annexation since they would be
affected by it also.
Mr. Briones pointed out that right now, the Council is dealing with one
owner for voluntary annexation and anyone who purchases the land would have to
agree to the annexation also.
Minutes
Regular Council Meeting
October 28, 1981
Page 10
A motion was made by Council Member Gulley to amend the Platting
Ordinance as requested and omit the question of annexation.
Council Member Dumphy inquired if this could be done with one motion.
Mayor Pro Tem Turner pointed out that the annexation subject does not
even become pertinent until the land is contiguous to the City.
Mayor Jones summarized the situation by stating that the City wants to
waive the sidewalk requirement for six months but they want the developer to
agree to annex the industrial subdivision when it is contiguous to the City.
Council Member Hawkins inquired if Mr. Coles could sign an industrial
district agreement instead of being annexed to the City.
Mayor Jones pointed out that the issue is whether -the City is going to
approve Mr. Coles' plat without requiring him to annex.
Council Member Gulley then changed his motion to approve the plat waiving
the sidewalks for six months, and the motion was seconded by Council Membe,
Kennedy.
Council Member Zarsky noted that if the Council votes in favor of this
motion, there will be no possibility of annexation of this subdivision, and Mr.
Briones agreed that this was correct.
Council Member Zarsky pointed out that what would occur is that there
would be a pocket in that area that is not annexed after the area around it is
developed, and there will be no voluntary annexation because Mr. Coles has
already entered into agreement to sell his lots without being annexed. He
stated that he just wanted everybody to be aware that if they vote in favor of
this motion, the annexation will not occur.
After further discussion, the motion passed by the following vote:
Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Jones
voting "no".
Acting City Manager Briones explained the action by stating that the
Platting Ordinance is to be amended to waive the sidewalks in the Coles
Industrial Subdivision for six months.
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Acting City Manager Briones then presented item 20 of the City Manager's
Reports for consideration.
A motion was made by Council Member Gulley to approve item 20 of the
City Manager's Reports, seconded by Council Member Hawkins, and passed
unanimously.
*********
Mayor Jones then called for consideration of the second tabled item
concerning the City of Corpus Christi zoning application. Council Member
Gulley stated that he needed to determine if he might have a conflict of interest
on this matter since he lives in the area but is outside the 200' area of
notification. He asked for a legal opinion as to whether he should abstain from
participating in discussions on this subject.
Assistant City Attorney Jay Doegey recommended that Council Member
Gulley step down from the Council Chamber if he feels that there could be a
possibility of a conflict of interest.
Council Member Gulley then departed the Council table at 3:20 p.m.
Acting City Manager Briones requested that Mr. Larry Wenger, Chief
Planner, explain this zoning case:
2. City of Corpus Christi from "R -1B" and "FR" to "I-2" and "I-3" on
portions of land from Assessors Map 273, Isensee Partitions,
Clarkwood Tract Subdivision, Sheppard Farm Lots and McKinzie
Acres, located north of State Highway 44, east of the City limit line,
south of McNorton Road and west of Bronco Road. This City initiated
this zoning case in relationship to the industrial districts. The case
was heard on April 29, 1981 by the City Council at which time it was
tabled until today to allow the staff and a property owner to the west
of Rand Morgan Road to develop a more comprehensive land use and
zoning plan for this area. A study has been prepared by the staff
and recommends a slight modification on the "I-3" zoning west of
Rand Morgan Road to zone the north half "I-2" with a buffer of "I-1"
Industrial Park District. It should be pointed out that there is a
difference in the staff's recommendation and the property owner's
consultant's proposal in that they recommend that a greater portion
be utilized for residential purposes. However, the staff's study
indicates that this is not a desirable area for residential because of
the pipeline corridor and the fact that it is between two rather
intense industrial areas to the east and west. The 20% rule is in
effect. The Planning Commission recommends denial of the portion
west of Rand Morgan Road and approval of the portion east of the
road.
Chief Planner Wenger pointed out the Saxet Oilfield, which represents a
large area in the City's growth pattern, and stated that the manner in which it
is developed will affect the City's expansion and the industrial area. He
reminded the Council that they had passed a resolution to the effect that an
industrial area should be designated for industrial use and this area is in that
Minutes
Regular Council Meeting
October 28, 1981
Page 12
vicinity. He explained that the amendment to the zoning ordinance provided for
the prezoning of development for heavy industrial use and in the area inside
the City limits, the Council instructed the Staff to initiate various types of
zoning to free the industrial area for further growth. He also stated that the
Council had asked the Staff on July 29, 1981 to provide a study in conjunction
with consultants who had been employed by one of the property owners for use
of the area. He explained and located the various areas and the type of zoning
the Council had designated that they thought would be desirable. He explained,
however, that the Staff had expanded the area to be considered a little
further.
Mr. Wenger informed the Council of various problems associated with the
Saxet Oilfield and pointed out that fifteen well blowouts had 'occurred in the
history of the field. He noted that there are gas lines in the area; they could
cause some types of ignition; and because of this, the Petroleum Department
has created this as a hazard area and the Petroleum Superintendent examines
every use for that area. He pointed out that there are many pipelines through-
out this area which are for gas, oil distribution lines, and some abandoned lines
which range in size from 2 inches to 30 inches. Mr. Wenger then pointed out
that this area is not only hazardous but also has a fault line running through
it, therefore, planning in the area must be closely coordinated with the various
elements that make it desirable for industrial use. He noted that the Interna-
tional Airport and Heavy Industrial District 2 are prevalent in this area and
there is also port activity as well as other kinds of activity evident in the area.
Mr. Wenger then summarized by stating that after all of this information was
evaluated, the Staff arrived at a recommended land use plan for the entire
area, and because of the unique transportation modes, they feel that it is very
attractive for industrial zoning and residential development areas should be
avoided. He located the various proposed zoning that the Council is considering
and which the Staff recommends, noting that the proposed zoning will be "I-3",
"I-2" and "I-1".
Mr. Hayden Head, Attorney representing his wife who is the owner of the
land west of Rand Morgan Road, and .contended that the land owned by his wife
should not be considered for industrial development because it is not affected
by the fault line and the transmission lines referred to by Mr. Wenger. He
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.ar Council Meeting
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stated that he had commissioned a study by a Houston firm which deals with the
proposed development of the Morgan property. He informed the Council that he
has taken into consideration zoning within the City and prezoning outside the
City and he is of the opinion that this is a drastic step to take without
notifying affected property owners. He then presented copies of a report
prepared by 3D/International and suggested that the Council briefly examine
the report of the recommendation for use of his land west of Rand Morgan
Road.
Mayor Jones suggested that Mr. Head just summarize the case, and Mr.
Head stated that he would prefer to have a representative of 3D/International
who prepared the planning study.
Mr. Mike Upbringer, of 3D/International, stated that basically his company
found that there is a need for residential land in this part of the City, and
their study indicates that there is a difference in subsidence of the land on the
west of Rand Morgan and the east side of Rand Morgan. He explained that
there are 800 acres that could be developed for residential, small businesses,
schools, etc. Mr. Upbringer pointed out that there is a great deal of industrial
land already in the area; there are no other options for residential uses except
far west of the City; and explained that their study indicated that some of this
land could be developed for residential uses. He agreed that there are
pipelines at the corners of the various lands that form triangles of 200 acres,
but acreage of that size provides ample land for residential types of
development since all of the storm drainage, transportation plans, etc., support
the land for that type of use.
Mayor Pro Tem Turner asked Mr. Upbringer to address the points made by
Mr. Wenger.
Mr. Upbringer stated that the road plan proposed in their document is the
same as that of the City's; the people who work in that area would welcome
more residential development; and he was of the opinion that the petroleum
hazard is no more evident than in other land areas since there are only four
active wells there. He predicted that there are industrial uses scattered
throughout this area but there is still ample land for "R -1B" development which
would enable as many as 15,000 people to live there. He pointed out also that
the school location is such that access would be readily available. Mr. Head
Minutes
Regular Council Meeting
October 28, 1981
Page 14
again addressed the Council and stated that, in his opinion, the concept that
the Staff has followed in the arrangement of the suggested zoning disregards
the size of these vast tracts and explained their plans for certain areas.
Dr. Tim Liveley, President of the Tuloso-Midway Independent School
District, informed the Council that approximately four years ago the Board
became concerned about the rapid growth of their area which is ideal for
residential use and at that time, they commissioned a study of the land use in
their area to assist them in determining needs for future schools. He stated
that they had discussed this with the land owners and they agreed with Mr.
Head that this was prime residential area. He stated that he understood that
east of Rand Morgan Road the land contained some hazards which could be used
for industrial zoning which would be beneficial to their school system.
Mr. Head then asked that the Council confirm the recommendation of the
Planning Commission.
There were no further comments from the audience.
Mr. Wenger reiterated that the Staff feels that it is very important to
designate industrial use between Industrial District No. 1 and Industrial District
No. 2 so that there will be ample land for industrial uses for expansion. Mr.
Wenger also expressed the opinion that it is just as bad to have an intrusion of
industrial use into a residential area as it is to have a residential use intrude
into an industrial area.
Mr. Wenger then explained the transportation plan as it affects the land
including railroad lines, transmission lines, proximity to the port, etc.
Council Member Dumphy pointed out that the basic difference between the
City's and Hayden Head's plan is that in Mr. Head's plan, the western area
includes residential use of 800 acres. Mr. Dumphy then suggested that Larry
Wenger prepare a plan to show the real differences in these two proposals for
zoning.
Council Member Kennedy asked Mr. Head to comment on the potential
problem of the pipelines in the easement.
Mr. Head stated that he did not feel that this is a problem at all because
these are lines that go through a highly developed residential area to the Port
of Corpus Christi. He also stated that he did not feel that any further study
by the Staff will accomplish anything, but he does not object to the delay for
fu='' 'r study by the Staff.
,tes
alar Council Meeting
-Jber 28, 1981
Page 15
Council Member Dumphy explained that the Council wanted a large area for
industrial development but he felt that the Council should plan how to buffer
the "I-2" land rather than how to zone the area between McKenzie and Rand
Morgan Road.
A motion was made by Council Member Dumphy to postpone action on this
matter for two weeks in order to allow time for the Staff to prepare a
recommendation to see that those areas are properly buffered; seconded by
Council Member Zarsky; and passed unanimously.
Council Member Gulley returned to the Council Table at 4:59 p.m.
*********
Mayor Jones announced consideration of the following pending zoning
items:
1. Mr. Leopoldo V. Torres from "R -1B" to "B-1" on a portion of Tracts
3 and 4, David Brown Subdivision and a part of Lot 13, Section L,
Paisley Subdivision of the Hoffman Tract located on the south side of
Baldwin Street approximately 225 feet east of South Port Avenue.
This application was heard on April 29, 1981 and tabled because the
applicant's check for the zoning fee had been returned because of
insufficient funds. The six month time limit expires today. It is
recommended that the case be allowed to die because, after repeated
contracts by staff, the applicant has still not submitted a good check
or cash to cover the application fee. The Planning Commission
recommends approval.
Mr. Briones explained that this zoning application was tabled; there was a
six -months limitation; the applicant has still not submitted a valid check and the
six -months time has lapsed.
A motion was made by Council Member Gulley to deny this zoning case,
seconded by Council Member Dumphy, and passed unanimously.
**********
2. Mr. William A. Dobie III from "I-2" and "A-2" to "B-5" on Lots F,
G, H, P and T, Blucher Tract located between Waco and Carrizo
Streets approximately 100 feet north of Kinney Street. This
application was heard on April 29, 1981 and denied but, in lieu
thereof, a special permit was approved subject to submission of an
acceptable site plan by the applicant. The six month time limit
expires today. After repeated contacts by the staff, the applicant
still has not submitted a site pina. The Planning Commission
recommended denial, but in lieu thereof, the east 130 feet off Waco
Street be zoned "B-4" and the remaining approximdately 30 feet be
zoned "A-2".
Mr. Briones informed the Council that the applicant has not submitted a
site plan and recommended that this zoning application also be allowed to die.
Minutes
Regular Council Meeting
October 28, 1981
Page 16
Motion by Council Member Gulley to deny this zoning application, seconded
by Dumphy, and passed unanimously.
Mayor Jones announced the scheduled public hearing on the following
street closing:
Request by the abutting owners, Mr. Wayne Johnson and Harbor
Development Company, to close Bennett Street on Corpus Christi Beach
from North Shoreline Boulevard easterly to Corpus Christi Bay. This
request was previously submitted in September, 1976, but later withdrawn
by the applicants. The closing is recommended subject to:
* 1. development plans including a hotel, being submitted to and approved
by the City Council within 36 months and construction completed
within 5 years,
2. the abutting owners providing free pedestrian access to the water,
and
3. the new development being so designed as to maintain a 60 foot visual
corridor from Shoreline to the Bay at some location in the total
development including both sides of Bennett Street.
**If development is not required as a condition of closing, it is recommended
that a fee be charged equal to the unencumbered land value or
approximately $40,000.
Acting City Manager Briones explained that this request is to close
Bennett Street on Corpus Christi Beach and then asked Mr. Tom Utter to
further explain.
Assistant City Manager Utter stated that the Staff recommends two options
as designated above.
Mayor Jones called on the applicant to speak.
Mr. Dwayne Johnson, one of the abutting property owners, stated that
this is really only a partial street and does not appear to be of much value to
the City itself; it serves principally to drain water off of Shoreline; and
explained that he and the other abutting property owner hope to develop the
land and they have been discussing this with investors. He noted that this
street prevents development for the City and it is not used as a street. Mr.
Johnson reminded the Council that there is a precedent related to street and
alley closings in that in most instances, the abutting property owners obtain
one-half of the property of the street or alley abandoned, and they would just
like to have similar treatment. Mr. Johnson stated that they would prefer that
they be
* was revised to include the phrase, "or other major commercial use".- See
9
LLLC C1
Aar Council Meeting
ober 28, 1981
Page 17
allowed to purchase the property at a more reasonable price than that
suggested by the Staff.
Mayor Jones pointed out that this is a public street which they are
requesting be closed and he felt that there should be some compensation for it.
Council Member Dumphy inquired if this was one of the streets that the
Staff recommended at one time be closed, and Mr. Briones replied that it is
not -- it is a 60' street and the recommendation by the Staff is based on a City
policy that dates back many years ago to assure that the public has access to
the water. He stated also that the developers could build over the street as
long as they leave a visual corridor and accessibility to the water.
Spealdng in regard to this street closing was Mr. Ed Williams, 420 Dolphin
Street, who stated that he has an interest on the beach. He explained how the
land was traded for other properties and expressed the opinion that $40,000 for
this land is inadequate. He noted that for this particular request, since there
are two property owners, that they exchange a lot on each end of their
property because he feels that the City should be very careful before giving
land away, particularly on the beach area.
Mr. Bonner Dorsey, representing the family who applied for the closing of
Dickenson Street, reminded the Council that they own the block; they donated
10' on either side for public access; and they provided for a 40' wide visual
corridor. He also noted that they had agreed to pave, gutter, and build
sidewalks on the peripheral streets of the subdivision. He agreed that the
Council did not require a fee, but the public obtained more than the property
owner acquired.
Mr. Wayne Lundquist, representing Harbor Development Company, stated
that they have been discussing the development of this area with Mr. Johnson,
and he feels that the requirements the Staff is recommending are satisfactory
with his company and the only problem that they might have is the three years'
stipulation for commencing development.
Mayor Jones suggested that the 36 -month time requirement could be
extended at the end of that period.
Council Member Kennedy inquired of Mr. Lundquist if he would agree to a
requirement that the land must be developed within five years or fair market
value for the street at that time would be paid by the applicants.
Minutes
Regular Council Meeting
October 28, 1981
Page 18
Mr. Robert Roth stated that he owns property across Shoreline from the
street proposed for closing. He stated that he had attended a number of
meetings pertaining to the development of Corpus Christi Beach, and it has
always been proposed that corridors to the water be retained. He pointed out
that closing this street would not benefit the public and suggested that before
it is closed, some plan should be submitted so that the City Council can act
prudently. He questioned the terminology in regard to the visual corridor and
the free public access when no plans for development have been submitted and
asked that the Council deny this request.
Ms. Beverly Tillson, 303 Water Street, pointed out that this property
belongs to the City of Corpus Christi and objected to public property being
sold, particularly for such a small sum. She stated that she, and probably
many other citizens, want to retain free access to the beach.
Mayor Pro Tem Turner stated she has a problem with the recommendation
because she feels that parking facilities would not be ample enough for a hotel.
Mr. Johnson stated that most hotels require two acres of land and the
combined properties would equal approximately that amount of land.
Mr. Briones stated that the City would like to see a hotel or some type of
tourist development constructed on this site and it is the Staff's recommendation
that item 1 would consider the street to be opened until such plans are
presented for development.
A motion was made by Council Member Kennedy to close the hearing,
seconded by Turner, and passed unanimously.
Motion by Council Member Kennedy to close Bennett Street and at the end
of a 36 -month period, if a plat for a major commercial use has not been
submitted and if construction has not been completed within an additional 48
months, then the street would revert to the City or (2) that the adjacent
property owners be allowed to purchase the street at fair market value at that
time or it will revert back to the City, with the stipulation that the pedestrian
accessway and the 60' visual corridor be included in the plans as recommended
by the Staff.
Council Member Dumphy inquired if the street would remain open until
development plans have been submitted in accordance with these items, and Dr.
Kennedy indicated that that was the intent of his motion. The motion was then
seconded by Council Member Dumphy.
rtes
Regular Council Meeting
October 28, 1981
Page 19
Mayor Jones stated that he agrees with all of that except selling this land
under any circumstances, which he was opposed to, and if the land was not
developed, he did not think the street should be sold.
Council Member Zarsky also stated that he would not be in favor of closing
the street at this time until it is being utilized for a hotel or other major
commercial use.
Council Member Kennedy pointed out that his motion was the same as the
Staff's recommendation except for the limitation on the value at the time of the
closure.
Council Member Zarsky stated that the sale of the property is not a good
public reason for closing the street and he did not believe that the City should
sell this type of property.
Council Member Dumphy then withdrew his second to Dr. Kennedy's motion
which died for lack of a second.
A motion was made by Council Member Zarsky that Bennett Street be
dosed subject to the three conditions as recommended by the Staff with the
addition of the phrase after hotel of "or other major commercial use" and
without consideration of a fee to be charged for the sale of the street. The
motion was seconded by Council Member Gulley and passed by the following
vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye";
Hawkins, absent from the Council Chamber at the time the vote was taken.
Mayor Jones announced the public hearing on amending the sanitary sewer
master plan at Bear Lane and South Padre Island Drive.
Assistant City Manager Lontos informed the Council that the request for
sanitary sewer service had been made to serve Caji Industrial Subdivision which
fronts on Padre Island Drive and Bear Lane. He explained that there is a
future sanitary sewer to serve the area to the south and explained the plan to
amend the sanitary sewer master plan to accommodate the developers of the Caji
Industrial Subdivision. Mr. Lontos continued by stating that the Staff
recommends that this developer pay a share of the future construction of the
proposed line at approximately $800 a foot and that the master sewer plan be
amended to include the Caji Tract in the proposed sanitary sewer like.
Minutes
Regular Council Meeting
October 28, 1981
Page 20
Mayor Jones ascertained that no one in the audience wished to speak on
this request.
A motion was made by Mayor Pro Tem Turner to close the hearing,
seconded by Council Member Zarsky and passed unanimously.
A motion was made by Council Member Zarsky to amend the sanitary sewer
master plan at Bear Lane and South Padre Island Drive as recommended by the
Staff; seconded by Mayor Pro Tem Turner; and passed unanimously.
**********
Mayor Jones called for consideration of the following item:
Consideration of Resolutions endorsing proposed Constitutional amendments
nos. 1 and 4 on the November 3, 1981 ballot. The first amendment would
authorize cities to encourage the redevelopment of distressed areas through
property tax relief and the issuance of tax increment bonds. The other
amendment would dedicate excess state revenue to special water
development funds, authorize the state's guarantees of local government
bonds for water development and increase the allowed interest rate on
constitutionally -issued bonds from 6% to 12%.
Council Member Dumphy commented that the Texas Municipal League had
recommended approval of both of Proposition 1 and Proposition 4.
A motion was made by Council Member Zarsky to accept the recommendation
of the Texas Municipal League on Amendments 1 and 4 and that resolutions be
passed to that effect; seconded by Dumphy.
After a short discussion, the motion passed unanimously.
**********
Mayor Jones called for the ordinances and Acting City Manager Briones
briefly explained the ordinances on the agenda.
Mayor Pro Tem Turner stated that she has problems with the purchase of
the pistol range, and although she was aware that the police officers need a
firing range, it was her opinion that the facility proposed for purchase is more
than is required and much too expensive.
Council Member Kennedy concurred with Mayor Pro Tem Turner's concern
and stated that although the price that the Council agreed to pay for this
facility is reasonable, he did not feel that the Police Department needed such an
expensive facility and suggested that a smaller shooting range that would be
adequate be considered.
• Council Member Hawkins expressed the opinion that everyone would prefer
a first class facility rather than a less expensive one and stated that he agreed
with this purchase.
a eS
. Regular Council Meeting
October 28, 1981
Page 21
Mayor Jones stated that he hoped that this purchase would be approved
because he felt that the City needs the very best equipped Police Department
possible, and Chief Banner has agreed that this pistol range is justified for
purchase at this time.
Council Member Gulley referred to the ordinance listed as No. 9 which
authorizes the purchase of the facility and appropriates funds out of the Police
Building Bond Fund. He inquired if these funds are available why there is a
need to sell the certificates of obligation.
Acting City Manager Briones explained that this was money approved in
the 1977 Bond Election; there is not enough money to pay for the expansion to
the Police Building and also purchase the shooting range; therefore, the
certificates of obligation would still be required to cover the cost of acquisition.
Speaking in opposition to this purchase was Mr. J. E. O'Brien, 4130
Pompano, who stated that he is very concerned about this because certificates
of obligation are not voter approved. He stated that he still questioned the tax
value of the property to be purchased versus the market value and mentioned
that there will be increased operating costs to operate the new facility and
estimated that the ultimate cost would be over $1 million. Mr. O'Brien also
speculated that this sale of certificates of obligation might have an adverse
effect on the bond election to be conducted in February. He then urged that
the third reading of these two ordinances be tabled.
Council Member Hawkins inquired about the statement that there is actually
over $500,000 in the Police Building Bond Fund and inquired if those funds
could not be used for the purchase of this building.
Mr. Briones stated that the funds in the Police Bond Fund are for
acquisition of additional property and improvements to the Police. building.
Speaking on another matter was Mrs. Margie Morrill, representative of the
League of Women Voters, who stated that that organization supports the passage
of the Constitutional Amendment #1 but not Consitutional Amendment #4, stating
that the reason for this is that the League feels that setting aside funds
without a plan is unwise.' She pointed out that the Lieutenant Governor is also
opposed to this amendment.
Mr. Dick Penuel, representative of the Taxpayers' Association, stated that
that organization is opposed to the passage of both Amendment #1 and
Amendment #4.
Minutes
Regular Council Meeting
October 28, 1981
Page 22
- A motion was made by Council Member Kennedy to postpone the third
reading of ordinance no. 9 which authorizes the purchase of the police pistol
range until the Staff can ascertain the proposed use of the bond money
approved in 1977 to see if those funds could be used for the purchase of the
new facility.
Acting City Manager Briones stated that postponement would affect the sale
of the certificates of obligation and requested that Mr. Doegey explain.
Assistant City Attorney Doegey explained to the Council that three weeks
ago, they had authorized publication of the intent to sell certificates of
obligation; the notices published stated that they would be sold by a certain
date; and tabling this item would necessitate beginning the process all over
again.
Council Member Kennedy restated his motion to the effect that action be
delayed on ordinances 8 and 9 for a three-week period for consideration of
studying the use of existing bond money in the Police Building Fund in
combination with considering the building of a shooting range from the bond
money and after comments have been obtained from Chief Bill Banner as to
whether there is a need for the building expansion proposed for use out of the
1977 bond money.
The motion was seconded by Mayor Pro Tem Turner.
City Secretary Read reminded the Council that such a delay would create
the necessity to authorize publication of the intent to sell certificates of
obligation and it would be a lengthy process.
Council Member Zarsky agreed, stating that the process would have to be
reinstituted and the interest rate could be different the next time.
Mr. Doegey explained that the City needs at least 14 days for the legal
notices and all of the figures included in the ordinanance authorizing the sale
of certificates of obligation have been addressed for this particular date for
conclusion.
Mayor Jones expressed the opinion that the interest of the City will be
best served by continuing with this.
City Secretary Read informed the Council that Assistant Chief Kenneth
Bung was on his way to the Council Chamber to address any question that the
Council might have.
fsc=R
1 es
, Regular Council Meeting
October 28, 1981
Page 23
Also speaking in regard to this matter was Mr. N. E. Norton, the owner
of the land and buildings proposed to be purchased. He stated that he was
concerned about the delay and if the sale is not consummated quickly, he felt
that he would have to withdraw the offer to sell the building to the City.
Also speaking in regard to this matter was Mrs. Ouida Phillips, who stated
that the City spends a great deal of money training police officers and then
they dismiss them if they shoot someone.
Council Member Hawkins stated that today was the first time it had been
brought to the Council's attention that over $520,000 is available in the Police
Building Bond Fund.
CIty Secretary Read expressed the opinion that the bond money voted on
by the voters should be spent for the use intended, because the voters were
told what the money was designated for.
Council Member Hawkins pointed out that as Chief Banner explained it last
week, the purchase of this shooting range would represent expansion to the
Police building and he did not see why the bond money could not be used.
Assistant Chief Kenneth Bung arrived in the Council Chamber, explained
to the Council the need for the purchase of the shooting range facility,
pointing out that at this time, the police officers can only practice during
daylight hours; the travel time from different locations in the City would be
considerably less for the police officers using this facility; the facility has
space in it for additional police use such as a gym and for a substation; it
could be used as a holding facility for prisoners; and the building could be
used 24 hours a day.'
Council Member Hawkins explained to Chief Bung that the issue concerning
the Council was whether or not the bond fund money could be used for the
shooting range rather than expansion of the police building.
Acting City Manager Briones referred to the print-out of the 1977 Bond
Program and stated that the advertising on the bond issue stated that the
money voted for was to be used for construction of additional operating space
for the police building.
Council Member Hawkins inquired if the shooting range could fit that
description, and if it could, the bond money could be used for the purchase of
the shooting range rather than having to sell certificates of obligation.
Minutes
Regular Council Meeting
October 28, 1981
Page 24
Mr. Briones stated that he could not answer that Cat this time.
Council Member Kennedy inquired of Chief Bung if it would not be more
advantageous to have all police facilities at one location rather than having an
additional facility, and Chief Bung replied that he felt that two facilities would
be better in view of the fact that the City is growing and a substation would
save a great deal of time.
Council Member Gulley pointed out that he is in favor of purchasing the
building but he did not like the method proposed for financing.
Council Member Dumphy expressed his support for the purchase of the
building because of the variety of uses the facility could provide. He stated
that the Council had been informed many times in the past that bond money
could not be used for anything other than what it was voted on, and the bonds
were voted for police expansion, but he felt that possibly, the shooting range
could be considered as police expansion. He stated that he felt that the City
Staff should provide information as to whether or not they can use the bond
money.
Chief Bill Banner arrived at the Council Chamber, and Council Member
Zarsky asked him if bond money were used to purchase the building on Corona,
what effect that would have on the current police building improvements.
Chief Banner explained that there is a substantial need for additional
space in the Police Department, but there is also a need for a shooting range
but admitted that acquiring the shooting range would satisfy less than 20$ of
the Police Department needs for expansion.
Council Member Kennedy then withdrew his motion to delay action on
ordinances 8 and 9.
There were no further comments on the ordinances; City Secretary Read
polled the Council for their votes; and the following ordinances were approved:
FIRST READING:
AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES, AS AMENDED,
BY AMENDING SECTION 53-252, SCHEDULE III - PARKING PROHIBITED
AT ALL TIMES ON CERTAIN STREETS, BY ADOPTING PROVISIONS THAT WILL
PROHIBIT PARKING AT ALL TIMES ON U. S. HIGHWAY 181, BOTH SIDES,
FROM BURLESON STREET TO NUECES BAY CAUSEWAY; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kcinnedy and Zarsky voting, "Aye".
ltes
Regular Council Meeting
October 28, 1981
Page 25
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN WITH FRANK MOORE dba
PARKER'S BAIT STAND FOR FIVE YEARS, CONCERNING USE OF TRACT 4 OF
THE COASTAL PUBLIC LANDS, BEING SITUATED AT THE HUMBLE CHANNEL
CROSSING ON THE PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING
AND OPERATING A BAIT STAND BUSINESS AND RELATED SERVICES TO
FURTHER PUBLIC RECREATION, AND PROVIDING FOR MONTHLY RENTAL
PAYMENTS OF $78 IN CALENDAR YEAR 1981 AND $130 THEREAFTER, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"Au
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE ANAGREEMENT WITH THE
NUECES LANDING COMPANY FOR THE ESTABLISHMENT OF A FLOATING
RESTAURANT TO BE LOCATED ON THE COOPERS ALLEY L -HEAD;
SUBSTANTIAL COPIES OF WHICH ARE ATTACHED AS EXHIBITS "A" AND "B",
RESPECTIVELY. (First Reading - 10/21/81).
The foregoing ordinance was read for the first time and passed its second
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOE
FRENCH AND MARTHA ELLISON PERTAINING TO THE DEVELOPMENT OF A
32.89 ACRE TRACT OF LAND PROPOSED TO BE KNOWN AS CAJI INDUSTRIAL
SUBDIVISION; PROVIDING FOR DEVELOPERS CHANGING OUT IMPELLERS IN A
CITY LIFT STATION, UTILIZING CITY LIFT STATION; PROVIDING FOR
PAYING THE CITY $800 AN ACRE TO BE DEPOSITED IN THE SANITARY
SEWER BOND. (First Reading - 10/21/81).
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
SECOND READING:
AMENDING THE PLUMBING CODE OF THE CITY OF CORPUS CHRISTI,
ADOPTED BY ORDINANCE NO. 14151 PASSED AND APPROVED BY THE CITY
COUNCIL ON FEBRUARY 6, 1978, ESTABLISHING THE REQUIREMENT FOR
CONCURRENCE BY MECHANICAL ADVISORY BOARD BEFORE APPROVAL OF
ANY ALTERNATE MATERIAL OR METHOD BECOMES FINAL, AND REQUIRING
THAT LIST OF SUCH APPROVALS BE MAINTAINED ON FILE IN THE BUILDING
OFFICIAL'S OFFICE; AND EXPANDING THE PERMITTED USES OF PLASTIC
WATER PIPE; PROVIDING FOR PUBLICATION BY NOTICE; AND PROVIDING A
SAVINGS CLAUSE. (First Reading - 10/21/81).
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
SECOND READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976
REVISION, AS AMENDED, AND PARTICULARLY AMENDING SECTION 53-252
SCHEDULE IV, "STOPPING, STANDING, OR PARKING PROHIBITED DURING
CERTAIN HOURS ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH
WILL HAVE THE EFFECT OF PROHIBITING STOPPING, STANDING OR PARKING
DURING CERTAIN HOURS ON PORTIONS OF GLENDALE DRIVE AND
MANHATTAN DRIVE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR
SEVERABILITY. (First Reading - 10/21/81)
Minutes
Regular Council Meeting
October 28, 1981
Page 26
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
THIRD READING - ORDINANCE NO. 16627:
ORDINANCE AUTHORIZING THE ISSUANCE OF INTEREST BEARING
CERTIFICATES OF OBLIGATION, SERIES 1981. (First Reading - 10/14/81,
Second Reading - 10/21/81).
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye";
Turner, "abstained"; and Gulley, "no".
THIRD READING - ORDINANCE NO. 16628:
AUTHORIZING THE PURCHASE OF LAND AND BUILDINGS FROM N. E.
NORTON AND DORIS NORTON, LOCATED AT 4510 CORONA DRIVE, CORPUS
CHRISTI, TEXAS, TO BE USED AS A POLICE TRAINING FACILITY;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS RELATED TO SUCH PURCHASE; AND APPROPRIATING A TOTAL
OF $522,768.80 OUT OF 266 POLICE BUILDING BOND FUND, PROJECT 266-81-1
POLICE TRAINING FACILITY, OF WHICH $520,000 IS FOR ACQUISITION AND
$2,768.80 IS FOR CLOSING COSTS. (First Reading - 10/14/81, Second
Reading - 10/21/81).
The foregoing ordinance was read for the third time and passed by' th
following vote: Jones, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting,
"Aye"; Turner, "abstained".
ORDINANCE NO. 16629:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JOHN TUCKER
DBA TUCKER PROPERTIES, A TRUE COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND
INCLUDING EXHIBITS THERETO AS THOUGH FULLY SET FORTH HEREIN,
AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 115.95 ACRE
TRACT OF LAND, MORE OR LESS, OUT OF LOTS 3 AND LOTS 9 THROUGH
14, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A
MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41, 42, AND 43, MAP
RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED
HEREINAFTER BY METES AND BOUNDS: FINDING ALL OF SAID LAND TO LIE
ENTIRELY WITHIN THE EXTRATERRITORIAL JURSIDICTION OF THE CITY OF
CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. (Public
Hearing - 10/21/81).
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16630:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEE
ROY COLE CONCERNING SIDEWALK CONSTRUCTION IN COLES INDUSTRIAL
SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye"; Jones, "no".
N
p,.,.iutes
Regular Council Meeting
October 28, 1981
Page 27
ORDINANCE NO. 16631:
CLOSING AND ABANDONING, SUBJECT TO REPLATTING AT THE OWNER'S
EXPENSE, THAT PORTION OF A 10 -FOOT UTILITY EASEMENT IN LOT 9,
BLOCK B-5 AND THAT PORTION OF ADJACENT 5 -FOOT UTILITY EASEMENT
IN LOT 10, BLOCK B-4, PORT AYERS SUBURBAN CENTER, AS MORE FULLY
DESCRIBED HEREINAFTER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16632:
RESOLUTION SUPPORTING THE PASSAGE OF AMENDMENT 1 IN THE
CONSTITUTIONAL REFERENDUM ON NOVEMBER 3, 1981, AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16633:
RESOLUTION SUPPORTING THE PASSAGE OF AMENDMENT 4 IN THE
CONSTITUTIONAL REFERENDUM ON NOVEMBER 3, 1981, AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Dumphy, Kennedy and Zarsky voting, "Aye"; Turner,
Gulley and Hawkins, "no".
ORDINANCE NO. 16634:
AMENDING ORDINANCE NO. 16375 WHICH ADOPTED THE ORIGINAL PROTO
BELLO PLANNED UNIT DEVELOPMENT TO ALLOW THE FINAL PLATTING OF
PORTIONS OF THE DEVELOPMENT AND THE PHASING OF CONSTRUCTION;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16625:
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF
THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS:
PURDUE ROAD SIDEWALK PROGRAM:
a. PURDUE ROAD, SOUTH SIDE, FROM WALDRON ROAD WEST FOR
APPROXIMATELY 270 LINEAR FEET, AND
b. PURDUE ROAD, NORTH SIDE, FROM A POINT EAST OF LOMBARDY
STREET TO WINDMERE DRIVE;
REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT
TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY
SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK,
NUECES COUNTY, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH
IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
Minutes
Regular Council Meeting
October 28, 1981
Page 28
ORDINANCE NO. 16626:
APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE
DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING
ESTIMATES OF THE VARIOUS COST FOR THE IMPROVEMENT OF THE
FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS:
PURDUE ROAD SIDEWALK PROGRAM:
a. PURDUE ROAD, SOUTH SIDE, FROM WALDRON ROAD WEST FOR
APPROXIMATELY 270 LINEAR FEET, AND
b. PURDUE ROAD, NORTH SIDE, FROM A POINT EAST OF LOMBARY
STREET TO WINDMERE DRIVE;
DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND
ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION OF THE COST 'TO
BE PAID BY THE CITY OF CORPUS CHRISTI; DTERMINING THE NECESSITY
OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY;
ORDERING AND SETTING A HEARING TO BE HELD DECEMBER 2, 1981 AT 3:00
P.M. IN THE COUNCIL CHAMBERS, CITY HALL, 302 SO. SHORELINE IN THE
CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS
REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF
THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by tho
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16636:
AUTORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO
THE COUNTRY CLUB ESTATES ASSOCIATION, INC., FOR ERECTING A
MASONRY PEDESTAL EIGHT FEET HIGH WITH A COUNTRY CLUB ESTATES
CAST ALUMINUM PARKING BETWEEN THE CURB AND SIDEWALK AND
LACOSTA DRIVE 150 FEET WEST OF SOUTH STAPLES AND ON KENITH 25
FEET WEST OF SOUTH STAPLES STREET ALL 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, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16637:
AMENDING ORDINANCE NO. 16564, WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH JESS EDWARDS, INC. FOR THE TULE LAKE
INDUSTRIAL PARK TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED
HERETO AS EXHIBIT "1" FOR THE ORIGINALLY EXECUTED BY THE
COMPANY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
**********
A motion was made by Council Member Zarsky to recess the Regular
Council Meeting at 7:20 p.m. in order to convene other meetings; seconded by
Council Member Dumphy and passed unanimously.
,..mutes
Regular Council Meeting
,October 28, 1981
Page 29
***s*****
Mayor Jones reconvened the Regular Council Meeting at 7:45 p.m.
Council Member Dumphy stated that he would like to considerdiscussion
item 3 which pertained to the petition regarding conflict of interests.
Mayor Jones informed the Council that he had talked to Mr. John Gollihar,
who owns hardware stores, and he indicated that he felt that the charges
against Council Member Dumphy were ridiculous. Mayor Jones then proposed
that the Council produce information about every hardware store with which the
City has done business in the past ten years because he did not feel that there
had been any wrongdoing in making purchases from ABC Hardware.
Council, Member Hawkins stated that he would like to examine the validity
of the petition and questioned some of the citizens who signed the petition,
noting that some of the names included in the petition are those of people
employed in federally funded projects, and he felt that their involvement in this
accusation against Council Member Dumphy is in violation of the Hatch Act. He
referred in particular to Mr. Rodriguez, noting that he was employed by an
entity utilizing federal funds.
A motion was made by Council Member Hawkins that the City Attorney
provide an opinion as to whether the persons who signed the petition are
qualified to do so or if they are in violation of the Hatch Act or some other
law. The motion was seconded by Council Member Gulley.
Council Member Zarsky stated that this would just delay any action and
would continue to keep the matter in the news.
Council Member Hawkins stated that he did not feel that the Council should
ignore the issue but he just wanted to verify that the petition is in order.
Mayor Pro Tem Turner stated that the continuing innuendos that are
leveled at the Council are very disturbing, and she would like to have a very
clear definition of the meaning of conflict of interests so that the Council can
continue with the business of running of the City.
Council Member Hawkins' motion then passed unanimously.
Council Member Dumphy stated that he did not want any decisions delayed;
he would like to have the facts checked in this situation; he has been in
conversation with the Staff and the Legal Department in regard to the charges
leveled against him; he has requested that they personally check out the facts,
which they are doing; and in a week or so, they will have all of this
Minutes
Regular Council Meeting
October 28, 1981
Page 30
information. He stated that after discussing the matter, it was his
understanding that the five people who signed the petition did so prematurely
because this is an action that should follow after the Council has had an
opportunity to act on charges against a Council Member. He stated that he
would like to have the study made as quickly as possible and he would like to
request now that the media present the facts if they have them. He stated that
he hoped that any Council seated in the future would receive what this Council
requested two or three weeks ago, which was a request for a legal opinion of
conflicts of interests to prevent people from attacking the Council on anything.
He commented that everyone in the City is filing some kind of charges against
Council Members with the District Attorney, the Attorney General, etc. and he
felt that all of these allegations are damaging the City and everyone who is on
the Council.
Mayor Jones inquired when the facts in regard to the purchases from ABC
Hardware and other hardware stores could be provided the Council, and Mr.
Briones stated that this could be prepared by next Wednesday.
Mayor Pro Tem Turner noted that in the Charter it states that the Council
is to receive reports from every department and inquired if financing and
expenditures of the departments could also be presented.
Council Member Hawkins noted .that ever since Mr. Marvin Townsend was
dismissed as City Manager, the citizens of this City seemed to be telling the
Council Members that if they do not vote the way they are told they will be
destroyed.
Council Member Gulley concurred that the Council needs all the information
possible on the matter of the conflict of interest of which Mr. Dumphy has been
accused. He agreed that they need all of the facts and legal opinions on
conflict of interests. He also mentioned the fact that evidently several
employees were aware of the fact that Mr. Dumphy had an interest in ABC
Hardware, yet they continued to purchase items from that source.
Acting City Manager Briones concurred that some of the Staff members
knew of Mr. Dumphy's interest in ABC Company but they did not know that the
City was purchasing items there.
minutes
Regular Council Meeting
October 28, 1981
Page 31
Council Member Dumphy stated that he had never attempted to hide the
fact that he did have a 25% interest in ABC Hardware and obviously he would
have if he had intended to allow purchases by the City from a company in
which he had an interest. He explained that he has an interest in an office
building called Pharaoh Plaza; he has been approached by several City
employees about leasing space in that building; and he has refused to deal with
Cityemployees, realizing that that would be a conflict of interest. He assured
the Council that if he had been aware that the City was purchasing items from
ABC Hardware, he would have refused to allow such purchases to be made.
Council Member Hawkins requested some guidelines regarding the Staff,
particularly in view of the fact that City staff members were making purchases
at ABC Hardware and did not report it to their supervisors or to the City
Manager that such purchases were being made. He expressed the opinion that
this was the responsibility of the employees.
Mr. Hawkins then suggested that an ordinance be prepared requiring
everyone who runs for the City Council to file a financial statement with the
City. He stated that he felt that he knows why all of this conflict is
continuing and the source will be revealed in the very near future.
Mayor Jones called for discussion of appointments to boards and
commissions.
Mr. Hawkins nominated Mr. Clifton Lampkin to serve on the Solicitations
Commission.
There were no other nominations and Mr. Lampkin was appointed by a
unanimous vote of the Council with the term to expire July 10, 1983.
Council Member Gulley referred to a letter he had received from the
Nueces County Community Action Agency to the effect that his representative,
Mr. Briones, had been absent from three meetings and stated that he would like
to appoint Mrs. Leah Olivarri as his representative on the Community Action
Agency Board for the meeting to be held Thursday night.
Mr. Hawkins stated that he had received a similar letter in regard to the
fact that his representative, Mrs. Helen Gurley, had also been absent three
meetings.
Minutes
Regular Council Meeting
October 28, 1981
Page 32
Mr. Briones stated that Mrs. Gurley had been ill and that was the reason
for her absence from the meetings.
Council Member Hawkins declined to name a successor to Mrs. Gurley,
stating that he would like to discuss this with her first to see if she would be
able to attend the meetings in the future.
One of the Council Members called for discussion of park dedication
requirements.
Council Member Gulley inquired about the authority that the City Manager
had on August 7, 1981 to delay the park dedication for 4.18 acre tract of land
located on the north side of Highway 9 at the corner of Benys Road designated
as Lot 2, Block 1, Ebony Acres Annex, for Mr. Harvey Weil for 30 days.
Council Member Kennedy stated that he interpreted this as setting aside
the ordinance. He also stated that he questioned the letter fro -i
Kleberg-Dyer-Redford-&-Weil on which the date had been changed from
September 30 to October 30 and there was no acknowledgment of this change by
either party signing the agreement. He stated that it was his understanding
that any time a legal document was changed, it should be initialed by both
parties.
City Attorney Bruce Aycock stated that as long as neither party objects to
the change of date it would be of no consequence and, in view of the good
relationship that the City has enjoyed with Mr. Weil, the date change was
probably approved. Mr. Aycock continued by stating that the Legal
Department felt that there was substantial compliance with the ordinance under
the circumstances. He pointed out that there has been a major attack on the
ordinance requiring park dedication; the deposit of funds instead of park
dedication is a questionable point; the City Manager was just attempting to get
the matter into the Courts to see if the park dedication is legal; and he was
attempting to enforce the ordinance. He stated that obviously this was just a
trade made to try to reconcile conflicting viewpoints as quickly as possible in
order that the plat could be approved and it was just a method to buy some
time because of the question in regard to the park dedication ordinance. He
compared the action taken by the City Manager as a judgment that was made
under difficult circumstances that he would not ordinarily make. He agreed
' Minutes
Regular Council Meeting
"October 28, 1981
Page 33
that the Council could disallow this agreement,, but that would present other
problems because Mr. Weil had entered into the agreement and had proceeded
accordingly.
Council Member Kennedy stated that he questioned that explanation and
stated that he would like to obtain a legal opinion.
City Attorney Aycock continued by stating that the other option that Mr.
Weil had would be to dedicate 5% of the land, and since it was such a small
piece of land, that seemed unreasonable.
Council Member Kennedy expressed the opinion that City Manager Marvin
Townsend had significantly overstepped his authority and he would like to make
a motion that the fee in lieu of park dedication be deposited in the bank.
Mayor Pro Tem Turner stated that she is very disturbed that the City
Manager favored one party over another party without Council approval.
Council Member Hawkins inquired of Acting City Manager Briones why this
agreement did not come before the Council when ordinarily very routine matters
have to be approved by the Council.
Mr. Briones explained that the City Manager felt that he was taking an
action to enable a developer to develop his property and the intent here was
not to do anything illegal.
Mayor Jones pointed out that Mr. Townsend is not present to defend
himself. He reminded the Council that he and all of the Council Members had
instructed Mr. Townsend over and over again that the Staff was not cooperative
and that he should cooperate with the developers so as not to delay their
project. Mayor Jones expressed the opinion that this is just a case of the Staff
trying to cooperate with a developer.
Council Member Hawkins pointed out that the City Council met on August 5
and could have approved this.
Council Member Zarsky agreed that he would have preferred that this be
presented to the Council but also stated that the Council had repeatedly urged
the City Manager and the Staff to cooperate with the developers and not to
continue to be a bottleneck. He expressed the opinion that what Mr. Townsend
did was a proper action because the money in. lieu of park dedication is on
deposit; it is protected; and there is no reason why this action should be
rescinded.
Minutes
Regular Council Meeting
October 28, 1981
Page 34
Council Member Kennedy continued by stating that there is a difference in
being a bottleneck and "taking care of your friends". He inquired if this was
an illegal action. He stated that he felt that the Council has the right to vote
on this.
City Attorney Aycock asked the Council's permission to prepare a legal
opinion before they take any further action. He reiterated that the method
used was to provide an opportunity for the property to be developed as quickly
as possible. He also noted that there is a possibility that the City could be in
a position of being responsible for damages.
Mayor Jones inquired from Mr. Aycock about the legal alternative at this
time.
City Attorney Aycock stated that the Council could either ratify it, accept
it as it is, or attempt to disallow it. He pointed out that Mr. Weil kept his
part of the bargain and that presents problems if the Council decides tl
disallow the action.
Council Member Hawkins stated that he did not think the Council should
condone a possible illegal act, and while others may not be concerned, this
subjects the Council to legal liability, because if they ratify this agreement,
then Mr. Cagle or other developers could sue the City Council for not giving
them the same opportunity. He stated that he could not go along to ratify this
action.
A motion was made by Dr. Kennedy to obtain a legal opinion on this, from
the Attorney General if necessary, and after the rendering of the legal opinion,
take whatever corrective action needs to be taken. The motion was seconded
by Mayor Pro Tem Turner.
Mayor Jones pointed out that frequently the City obtains legal opinions by
going to Court.
Council Member Zarsky pointed out that cities do not have the right to ask
for a legal opinion from the Attorney General; the Attorney General's opinion
must be obtained by another attorney or another entity; but that he would
suggest that the Council wait for a report from the City Attorney because there
may have been other cases that have already been decided on which a legal
opinion could be based.
Minutes
Regular Council Meeting
October 28, 1981
Page 35
Council Member Kennedy implied that there is a conflict of interest with
City Attorney Aycock providing the legal opinion since he was working directly
under the City Manager and might be influenced by this. He stated that he is
requesting that an impartial decision be provided from someone who is not
under the direct supervision of the party in question.
City Attorney Aycock assured the Council that he had not been influenced
by the City Manager because they frequently disagreed on matters.
Council Member Gulley stated that he interpreted Mr. Aycock's statement
to be that although this was a sticky situation, the City Manager did the next
best thing. He informed Mr. Aycock that he felt that he had had a week to
research this matter and should have provided the Council with a legal opinion
by this time.
Acting City Manager Briones stated that assuming that the City Attorney
is not capable of providing a fair decision on a matter on the City Manager,
then possibly he could not provide a fair legal opinion on conflicts of interests
for the Council Members, because he also is employed by the Council. Mr.
Briones continued by stating that an opinion could not be obtained from the
Attorney General because he would be the first to tell the City that they should
consult their own City Attorney.
Mayor Jones pointed out that the next step would be a court hearing.
Council Member Kennedy stated that he wanted the court opinion next
week and in addition, he would like to have the City Attorney's opinion.
Council Member Zarsky pointed out that that decision has to be reached at
the court level and the court level decision's would be the one that the
Attorney General would consult.
**********
Mayor Jones called for petitions or information from the audience on
matters not listed on the agenda.
Mrs. Beverly Tillson stated that shb was appearing before the Council in
regard to conflict of interests of Council Members. She stated that she was a
purchasing agent, herself, and she always purchased items from the lowest
bidder. She expressed the opinion that the markup at ABC Hardware is higher
than any other hardware stores. Mrs. Tillson pointed out that she feels that
Council Member Dumphy and Council Member Hawkins both know why everyone
in the City is leveling criticism at the City Council and it is because most
Minutes
Regular Council Meeting
October 28, 1981
Page 36
citizens are opposed to their action in firing Mr. Townsend. She expressed the
opinion that if the City Council does not do what the people want them to, then
the people should be allow to vote them out of office.
Mr. George Gaines, 8202 Wooldridge Road, expressed the opinion that the
Council Members are being persecuted and pointed out that to some extent, all
Council Members have in conflict of interests because there is no way to avoid
certain conflicts of interests if you interpret these things very literally.
Mr. Harry Dobbs, attorney representing Mr. J. C. Cagle, stated that they
wanted to provide their side of the story ,in regard to the park dedications.
He stated that they are not going into the matter of the authority of the City
Manager to sign an agreement with Mr. Weil because possibly he was doing this
for the betterment of the City, but he pointed out that his client's situation is
the same as the situation concerning Mr. Weil. He explained the procedure that
his client has followed in having his plat approved and noted that a map of Mr.
Cagle's property indicates that he donated approximately $20,000 worth of
property for right-of-way. Mr. Dobbs then offered to make the same agreement
with the City to take the City to court to try to prove that the ordinance is
legal and stated that they would abide by the decision in the case.
Mr. Bonner Dorsey, Attorney, appeared before the Council on behalf of
his two clients who were then informed by the City Engineer that they could
not obtain sewer service in that fashion. He stated that they then approached
the Health Department and obtained approval for installation of a septic tank to
serve the new restaurant, however, they still prefer to have a plan for sewer
service. He stated that several weeks later, they met with Mr. Briones and
Mr. Lontos and were told that the City Engineering Staff would work out a
solution to the sewer problem, but the solution they worked out provided for a
lift station that would take care of not only their restaurant but also a fire
station at a cost to the restaurant owners of $85,000. Mr. Dorsey stated that
they will go to the septic tank plan rather than pay that large fee.
Mr. Benny Benavides, 2421 Cleo, referred to the petition that was
presented to the City Council in regard to conflict of interests of Council
Member Dumphy. He stated that he concurred with Council Member Hawkins
that these allegations should be investigated to determine who is initiating the
slander against the City Council. He noted that one lady who signed the petition
••Minutes
Regular Council Meeting
October 28, 1981
Page 37
was an appointee to the Committee of 16. Mr. Benavides also stated that he
had been approached by people who asked him to lead them against the City
Council for $250 per day. He stated that he refused to help them in their
efforts to discount the City Council. He expressed the opinion that those
people are attempting to initiate trouble in the City and he was of the opinion
that if people had something to say against the Council they should appear in
person rather than bringing petitions.
Mr. Robert Cornell, representing A. Phillip Randall, stated that he, too,
was here in regard to a conflict of interest leveled against Council Member
Dumphy. He pointed out that he agreed that if Mr. Dumphy had solicited
business with the City, that would be a conflict of interest but if he was not
even aware that the City was purchasing items from ABC Hardware, he was not
guilty of any conflict of interest. He urged that the Council cooperate to clear
the air. He stated that he was of the opinion that there is a more serious
conflict of ,interest on the. Civil Service Commission because one gentleman on
that Commission serves with the law firm of Kleberg, Dyer, Redford, & Weil and
that firm ' represents Corpus Christi National Bank which is the City's
depository bank. He then expressed the opinion that Council Member Dumphy
did not solicit City business and he is therefore innocent of any wrongdoing.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Hawkins, and passed,
unanimously, the Regular Council Meeting was adjourned at 9:20 p.m. , October
28, 1981..'s
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