HomeMy WebLinkAboutMinutes City Council - 11/11/1981^4
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MINUTES
REGULAR COUNCIL MEETING
CITY OF CORPUS CHRISTI, TEXAS
NOVEMBER 11, 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 Manager 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.
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 called for the bid openings on the following engineering
projects:
1. Installation of a sprinkler system for the Oso Golf Course. A system
of up to 36 electrically operated controllers will control the sprinkler
system for the fairways, greens and tees. Irrigation water is
provided by an existing reservoir which is supplied by treated
effluent from the Oso Treatment Plant.
Mr. James K. Lontos, P.E., Assistant City Manager, opened bids on this
project from the following firms: Moore -Golf, Inc, Culpepper, Virginia;
Sprinkler King of Texas, Inc., San Antonio; Yerkey Sprinkler, Dallas;
Landscapes Unlimited, Inc., Lincoln, Nebraska; Randall & Blake, Austin;
Meyer -Fairway Golf Course Construction Company, Rockwall, Texas; and Mission
Paving Company, Inc., Mission, Texas. Mr. Lontos verified that all bidders
had submitted the required bid security bond.
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Minutes
Regular Council Meeting
November 11, 1981
Page 2
2. Bill Witt Park Softball Complex. The project includes the construction
of a lighted, four field complex complete with concession stand, press
box, fencing, bleachers, irrigation system, restrooms and parking
and is very similar to the existing softball complex in Greenwood
Park. A Recreation and Open Space Grant through the Texas Parks
and Wildlife Department for 50% of the cost has been approved and it
will be supplemented by 1977 Park Bond Funds as the complex was
included in the 1977 bond program.
Assistant City Manager Lontos opened bids on this project from the
following companies: Beecroft Construction, Casey & Glass, J. H. Chapman
Company, Moore Golf, Inc., Randall & Blake and Ewing Construction Company.
Mr. Lontos noted that all bidders had submitted the required bid security bond
with their bids.
Mayor Jones expressed appreciation to all of the bidders who had
submitted bids and stated that they would be tabled for 48 hours, pursuant to
the requirements of the City Charter, and referred to the Staff for tabulation
and recommendation.
**********
A motion was made by Council Member Gulley that the Regular Council
Meeting be recessed at 2:20 p.m. in order to reconvene the hearing on the
allegations pertaining to Council Member Jack Dumphy; seconded by Mayor Pro
i e & Betty Turner; and passed unanimously.
*********
Mayor Jones reconvened the Regular Council Meeting at 4:50 p.m.
A motion was made by Council Member Zarsky that the Minutes of the
Regular Council Meetings of June 24, 1981 and November 4, 1981 be approved
as presented; seconded by Council Member Hawkins; and passed unanimously.
A motion was made by Council Member Gulley that the Council return to
the Workshop Meeting to discuss current concerns; seconded by Council Member
Kennedy; and passed by the following vote: Turner, Gulley, Hawkins and
Kennedy voting, "Aye"; Jones, Dumphy and Zarsky voting, "No".
Council Member Gulley stated that he had comments pertaining to the
outside employment of former City Manager Marvin Townsend indicating that he
has no problem with this since Acting City Manager Ernest Briones has the
authority to grant the request. He explained that the matter before the
Council pertains to a memo from Mr. Briones in which he states that he has
such authority to grant the request of Mr. Townsend to sign a contract with
Ingleside, Texas as a consultant. Mr. Gulley stated that he is
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Page 3
concerned, however, that the extraterritorial jurisdiction of Corpus Christi and
In;leside overlap and the only way Ingleside can increase the area of their City
is by annexing or by establishing industrial districts. He stated that he does
have a problem of a potential conflict of interest between Ingleside and Corpus
Christi in the extraterritorial jurisdiction that overlaps.
Acting City Manager Briones agreed that there is one-half mile of territory
that the City of Ingleside could annex which is in Corpus Christi's
extraterritorial jurisdiction but before they could do this, the City of Corpus
Christi would have to cede that area to Ingleside, and this would have to be
approved by the City Council.
Council Member Zarsky pointed out that the article in the newspaper
pertaining to this subject was to the effect that Mr. Townsend was going to try
to work out the problem between Aransas Pass and Ingleside of an area annexed
some time ago by Ingleside.
Mr. Briones stated that he was of the opinion that it would be possible to
clear up a very messy annexation that Ingleside effected some time ago. He
explained that Ingleside annexed an area that interfered with the City of
Aransas Pass; Aransas Pass filed a lawsuit against Ingleside in regard to that
annexation; and the City of Corpus Christi joined Aransas Pass in the
litigation.
Council Member Hawkins noted that this is a matter on which the City of
Corpus Christi has a lawsuit against Ingleside; that City has employed a
consultant to work on this annexation; and he was of the opinion
that employing an Assistant City Manager employed by the City of Corpus
Christi is a conflict of interest. Mr. Hawkins stated that Mr. Townsend should
either assist Corpus Christi in the lawsuit or he is going to be in the process
of helping Ingleside against Corpus Christi.
Assistant City Attorney Bob Coffin explained that there was a suit to set
aside the annexation by the City of Ingleside and that Corpus Christi joined
Aransas Pass in the lawsuit. Mr. Coffin stated that he had met with
employees of both Cities and they agreed to establish a common boundary line
to settle the dispute.
Minutes
Regular Council Meeting
November 11, 1981
Page 4
Council Member Hawkins reiterated that it is not the responsibility of an
employee of the City of Corpus Christi to work out the problem of annexation
for Ingleside and that he would like to request that Mr. Townsend not become
involved with annexation as far as Corpus Christi is concerned nor with
industrial districts as far as the extraterritorial jurisdiction is concerned.
A motion was made by Council Member Hawkins that instructions be given
to Assistant City Manager Marvin Townsend to refrain from consulting with
Ingleside on matters involving annexation disputes or anything in the
extraterritorial jurisdiction of the City of Corpus Christi; seconded by Council
Member Kennedy.
Council Member Gulley stated that he will vote for the motion if the motion
includes the formation of industrial districts.
Council Member Hawkins agreed to include that in his motion.
Council Member Zarsky stated that he would not vote in favor of this
motion because he did not believe that the employment of Mr. Townsend by
Ingleside would damage Corpus Christi in any way and the only damage that
could be done would be to Mr. Townsend himself. He pointed out that the City
of Corpus Christi must approve the ceding or the formation of any industrial
district in the City of Corpus Christi's extraterritorial jurisdiction.
Council Member Dumphy stated that he has no problem with Mr. Townsend
helping the City of Ingleside but he does have a problem with his representing
Ingleside in annexation matters, particularly since the City of Corpus Christi
had joined Aransas Pass in a lawsuit on the recommendation of Mr. Townsend
when he was City Manager. He noted that the Council had discussed at one
time industrial districts in Ingleside, and he would have a problem and would
not be in favor of Mr. Townsend's entering into any work with the City of
Ingleside that would interfere with Corpus Christi.
Mr. Briones stated that he did not think that the City would be damaged
by Mr. Townsend's providing assistance to resolve Ingleside's problems because
that City has needed guidance, particularly on annexation matters. He stated
that the only reason the lawsuit was filed was because they thought the Court
could decide the issue of the annexation. He assured the Council that Ingleside
was not trying to take advantage of Corpus Christi or Aransas Pass but the
annexation was just an honest mistake.
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Mayor Jones expressed the opinion that Council Member Hawkins' motion is
vindictive and destructive and he would not vote in favor of it.
Council Member Kennedy inquired if the City Council of Corpus Christi
could control any annexation by Ingleside.
Acting City Manager Briones stated that the City of Corpus Christi would
have to cede their extraterritorial jurisdiction in that area before Ingleside
could annex any property or form an industrial district.
Assistant City Attorney Coffin stated that the point needs to be made in
regard to the lawsuit. He explained that the real parties to the suit are
Aransas Pass and Ingleside and the overlapping extraterritorial jurisdiction and
Corpus Christi is just an intervenor because it is in this City's extraterritorial
jurisdiction also.
Mayor Jones called for the vote on the motion and it passed as follows:
Dumphy, Gulley, Hawkins, and Kennedy voting, "Aye"; Jones and Zarsky
voting, "no"; Turner, absent at the time the vote was taken.
" Council Member Hawkins indicated his disagreement with the actions by
Assistant City Manager Townsend attacking the Council in speeches at service
clubs, etc. He stated that he wanted Mr. Townsend to cease such speeches
and that he should confront the City Council with the charges if he feels that
members of the City Council have conflicts of interests rather than implying
that they do to the press at service clubs. He stated that he would at this
time like to make a formal protest on the actions of former City Manager Marvin
Townsend and if necessary, he will file a lawsuit against him. •
**********
Acting City Manager Briones stated that he would like for the Council to
consider the following item which was listed on the morning Workshop Agenda:
Consideration of approval of awards for 2,160 sets of chinaware; 3,000 sets
of stainless steel flatware; 3,000 glasses; and dish handling equipment for
the Convention Center. Bids were received from four bidders on seven
different patterns of chinaware and six different patterns of stainless steel
flatware. City Staff recommends the Shenango, Staffordshire pattern of
chinaware and Oneida, Chateau pattern of stainless steel flatware based on
apparent quality, price and aesthetic value. Recommendation for approval
of awards for glassware and dish handling equipment are based on low
bids:
a. Champion Restaurant Supply, Houston:
Chinaware $19,667.18
Stainless Steel Flatware 11,233.42
Dish Handling Equipment 24,375.24
Total - - - $55,275.84
b. Sysco Food Service, Corpus Christi:
Glassware 5 837.50
Grand Total - $81,113.34
Minutes
Regular Council Meeting
November 11, 1981
Page 6
Mayor Pro Tem Turner suggested that the Council approve the purchase of
the least expensive china as recommended by the Staff and stated that she
would place that in the form of a motion. The motion was seconded by Council
Member Kennedy and passed unanimously.
***********
In a return to the discussion of the actions of former City Manager
Townsend, Council Member Hawkins made a motion to consider his memo to
adopt a resolution expressing a formal protest of statements made by former
City Manager Townsend while he was still on the City payroll in the capacity of
Assistant City Manager without Mr. Townsend's first going through the proper
channels available to all City employees.
Mayor Pro Tem Turner suggested that rather than passing a formal
resolution that the Council just sit down and talk with Mr. Townsend on the
subject.
Mayor Jones agreed that he would like to see it handled that way. He
noted that Council Member Hawkins has brought this subject up and he assumes
that his motion is just to tell Mr. Townsend to cease making insinuations against
•.h' Council Members.
Council Member Hawkins stated that it is a motion to instruct Mr.
Townsend to go through the proper channels and bring any charges that he
has to the Acting City Manager and if necessary, to the City Council.
Council Member Zarsky stated that he has a problem with calling these
actions a violation of his fiduciary responsibility to the City of Corpus Christi
and the City Council. Mr. Zarsky stated that if this is an accusation that Mr.
Townsend is guilty of, he was not aware of it, because he did not know of any
charges that Mr. Townsend has made but only what has been reported by the
news media.
Assistant City Manager Marvin Townsend spoke from the audience stating
that he just happened to be present in connection with the hearing that was
conducted earlier. Mr. Townsend stated that he has no knowledge of what
Council Member Hawkins was talking about. He informed the Council that he
has made three speeches, one before the Friday Morning Club, one before the
Tuesday Luncheon Group, and one before the Midmorning Friday Group. Mr.
Townsend stated that at those meetings, he said nothing that was derogatory
' 'utes
alar Council Meeting
.ember 11, 1981
Page 7
to the City Council. He explained that he merely answered leading questions
that were posed to him at those meetings and the news media had printed the
questions and the real problem occurred when a particular headline was written
to accompany the newspaper article. He pointed out that the headline was
corrected the next day. He explained that at the time he was talking about
conflicts of interests that directly involved Council Members such as the
conflicts that were discussed today and the conflicts and pressures on the
Council on other matters. He informed the Council that he did not have any
other speeches scheduled and pointed out that he could only answer questions
that are directed to him.
Council Member Gulley questioned Mr. Townsend as to whether or not the
news report was correct and Mr. Townsend explained the type of question that
was asked him and his answer. He assured the Council that he was not making
any accusation against any Council Member.
Council Member Hawkins inquired of Mr. Townsend if he would have
allowed an Assistant City Manager to continue to make statements against the
City Council when he was serving as City Manager.
Mr. Townsend replied that he had never, while he was City Manager,
forbidden any employee to make speeches and only asked that they inform him
when they were going to give speeches.
Council Member Hawkins stated that his concern as a Council Member was
that allegations were made by Mr. Townsend that implied that the Council
Members had conflicts of interest.
Assistant City Manager Townsend again explained that he did not feel that
he was making allegations against a Council Member even though it apparently
appeared that way in the news story.
' Mayor Jones pointed out that almost every question asked by a Member of
the Friday Morning Group is generally to prove a point that they wish to make.
Council Member Kennedy inquired of Mr. Townsend if he was . aware now of
any conflict of interest that any Council Member currently has.
Assistant City Manager Townsend stated that he was not aware of any
conflicts that directly address the definition of conflict of interest as set forth
in the City Charter.
Minutes
Regular Council Meeting
November 11, 1981
Page 8
Council Member Gulley continued by asking Mr. Townsend if he felt that
any of the Council Members now had a conflict of interest.
Mr. Townsend stated that he had responded to Council Member Kennedy's
question and he did not think he could elaborate on that.
Council Member Hawkins then withdrew his motion in regard to a formal
resolution and Council Member Gulley withdrew his second to the motion.
Mayor Jones noted the presence in the audience of Members of the
Landmark Commission and informed them that the offer to donate the
Merriman-Bobys house at South Upper Broadway and Coleman to the City will
be considered next week.
A motion was made by Mayor Pro Tern Turner that the Council recess the
Workshop Meeting and reconvene the Regular Council Meeting at 5:45 p.m. The
motion was seconded by Council Member Zarsky and passed unanimously.
Mayor Jones called for the City Manager's Reports. Acting City Manager
Briones presented the following items with related comments and explanations
and recommended that:
1. Plans and specifications for Swantner and 15th Street Drainage
Improvements be approved and bids be received on December 9, 1981.
The project provides for storm sewer to be installed in both 15th
Street and Swantner Drive from Louisiana Boulevard easterly to Ohio
and Indiana Streets. The project was originally bid on May 7, 1980,
but the bids were rejected due to the high cost of the Swantner
Drive storm sewer. The project has been redesigned to reduce the
size and depth of the pipe in order to bring it within funds available.
2. The following actions be taken on the Hendricks Street Improvement
project from South Padre Island Drive to Bush Street:
a. The final assessment roll be adopted indicating assessments of
$74,555.63 on 8 items. The original roll was adopted on October
29, 1980.
b. The contractor, A & G Utility Company, be charged $1,900.00
for liquidated damages as he exceeded the time of completion by
19 days. The delays occurred from April 17th until now while
the contractor had been requested to take corrective action on
some items of the work found to be unsatisfactory.
c. The project be accepted and final payment of $4,899.75 be made
for a total of $121,745.89. The project was funded by an
appropriation made on October 29, 1980 from the Water Fund,
Sanitary Sewer Bond Fund and Street Bond Fund.
3. The O. N. Stevens Filtration Plant Levee Repair project be accepted
and final payment of $43,263.66 be made to DeBer, Inc. This
Hurricane Allen repair project consisted of repairing the levees
surrounding the detention ponds at the Nueces River below the O. N.
Stevens Plant. 75% of the cost of the levee installation work will be
reimbursed by the Federal Emergency Management Agency. Total
amount of the work done under the contract is $75,860.44. The
contract was funded out of the Water Fund Reserve and awarded on
August 26, 1981.
utes
ular Council Meeting
/ember 11, 1981
Page 9
4. An amendment be approved to the engineering agreement with Urban
Engineering for design of improvements to and expansion of the Flour
Bluff Wastewater Treatment Plant which increases the engineering fee
by $148,702. Due to substantial increases in the projected population
of the Flour Bluff area, the design size of the plant and other
facilities have more than doubled. The original design capacity was
forecast in 1976 and is no longer adequate. The revised fee is
$265,855. A fee of $177,153 has previously been approved. An
appropriation of $148,702 will be needed from the Sanitary Sewer
Bond Fund.
5. An agreement with the Corpus Christi Independent School District be
authorized to provide for the District to reimburse the City for the
total cost of construction of a parking lot abutting Carroll Lane
Elementary School. Carroll Lane is a project approved in the 1977
Bond Election and is to be reconstructed jointly between the City and
the State Department of Highways and Public Transportation as part
of the Urban Systems Program. The Highway Department will receive
bids on the project within 30 days which will include the parking lot.
The cost of the parking lot is estimated to be $14,592.00 with prices
to be adjusted after bids are received.
6. A 10 -foot wide utility easement between Lot 5AR and Lot 6A, Block
A, Joslin Tract, be closed. There are no utilities in the easement
which is located on a 3.71 -acre site on McArdle Road near Ennis
Joslin Road. Apartments are planned on the site which is currently
being replatted.
7. A public hearing be held November 25, 1981 on a request to close
Lemonwood Drive from Erskine Drive south to the boundary of
Candlewood Subdivision Unit 7. Property south of an existing dead
end of Lemonwood Drive is currently being platted and as a platting
requirement, Lemonwood Drive must either be extended through this
property or be closed. A 13.2 acre apartment complex is planned on
the property which is zoned A-1, Apartment House District. Existing
water, sanitary sewer and storm sewer lines exist in Lemonwood Drive
for which easements would have to be retained. Staff concurs with
the request to close the street provided the applicants remove the
existing street and reconstruct the curbs, sidewalks and driveways as
needed at their expense.
* 8. The following actions be taken relative to the construction of Airline
Road from Williams Drive to Holly Road and the development of a
28 -acre apartment development proposed at the northeast corner of
Holly Road and Airline Road.
a. An agreement be approved with Corpus Christi I, Joint Venture,
to participate with the City in a joint storm sewer construction
project in Airline Road south of Williams Drive. The storm sewer
is needed for the development and for the future construction of
Airline Road. The firm will pay for 100% of the cost of a 48 -inch
diameter offsite storm sewer and pro -rata engineering costs.
b. The City Engineering Staff be authorized to prepare plans and
specifications for the construction of a storm sewer to drain the
area.
Airline Road is a 1,977 Street Bond project and is included in the
Urban Systems Program to be constructed by the State Department of
Highways & Public Transportation. Plans are currently being
prepared for the work. The early installation of the storm sewer and
the participation by the developers will result in a significant savings
to the City.
* This item was withdrawn from consideration by Mr. Briones
Minutes
Regular Council Meeting
November 11, 1981
Page 10
9. A parcel of land for the Horne Road Street Improvements be acquired
from Mr. Lauro Ybanez for $6,756 (including $4,250 for moving the
improvements out of the right-of-way and $206 for closing costs).
This parcel is located at the corner of Horne Road and Barrera
Street. Acquisition is necessary in order to construct a larger radius
curve for safer traffic flow. Improvement of Horne Road from
Columbia Parkway to Old Brownsville Road was included in the 1977
Bond Election and will be jointly constructed by the City and State
under the Urban Systems Program. An appropriating of $6,756 is
needed from the Street Bond Fund for the acquisition.
10. Bids be received December 1, 1981, for a twelve months supply
agreement for approximately 22,000 feet of 10.75" and 16" steel pipe
coated and wrapped for gas transmission lines. The pipe will be used
to extend the basic transmission system to include Buckingham
Estates, Cresmont VI, Brighton Village, Industrial Technology Park
and the areas in between.
11. Bids be received December 1, 1981, for one replacement and one
additional truck mounted crane for the Wastewater Services and Water
Divisions. 'These units are used for removal and replacement of
pumps and equipment by the respective divisions. The Water Division
unit will be mounted on a truck purchased last year and will replace
a 1965 model crane. The Wastewater Services Division unit will
complement the electrician position added last year to upgrade lift
station maintenance.
12. Worker's Compensation Insurance benefits be extended to all Flour
Bluff volunteer firefighters and City reserve police officers who
perform public safety support duties for the City of Corpus Christi.
There are approximately 21 volunteer firefighters working as called
upon at Flour Bluff and approximately 20 police reserve officers
assigned as needed on special events throughout the City for traffic
assistance and crowd control. The only insurance presently provided
for these volunteers is a small health and life insurance policy
through Monumental Insurance Company which pays up to $10,000 for
an on-the-job related death; $50 per week direct disability income
payments for up to two years of disability as a result of an
on-the-job injury; and up to a maximum of $2,000 for medical
expenses. There is no City insurance provided for volunteer
firefighters in Annaville since, as a rural Fire Prevention District, it
assesses its own ad valorem tax for services. The annual cost to the
City for existing insurance is $747.
The TML Worker's Compensation Fund now makes available to member
cities optional coverage for volunteer public safety officers who
perform duties on behalf of the City. The cost of supplemental
coverage for volunteer firefighters is approximately $98 per year per
officer and $197 per year per officer for reserve police officers for a
total annual premium of $5,998. It is proposed that the additional
premium cost for this coverage be provided from a transfer from the
Insurance Fund Reserve.
13. The undesignated holiday for fiscal year 1981-82 provided for in the
Compensation Plan be declared Friday, November 27, 1981, to provide
a four-day Thanksgiving weekend.
14. Twelve months supply agreement for approximately 900 pair of Safety
Toe Boots and Shoes to be sold to employees through payroll
deduction be approved based on low bid:
Safety Shoe Distributors, Houston, Texas: $35,055.70
Two bids were received. Prices have increased approximately 3% from
the previous contract issued October, 1980.
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,ember 11, 1981
Page 11
15. Resolution be passed authorizing the Coastal Bend Council of
Governments and the Texas Department of Health to purchase on
behalf of the City a thumper, 8 mast trousers, 10 extracation
devices, 10 traction splint pacs, 8 suction units or breathing aids and
training materials for Aid Ambulance Service. The equipment is
included in the COG Regional Emergency Medical Services Grant. The
total cost of the equipment is estimated at $17,168 including the local
25$ match of $4,292 which is in the Aid Ambulance Budget.
16. Alternate industrial district agreements be approved with the following
firms:
Plant and Field Service of Texas, Inc.
Turner Tool Joint Rebuilders Corp.
Whitey Patten Hot -Shot Service, Inc.
Padre Drilling Company, Inc. and Triple L Oil Company, Inc.
J. I. Hailey, Inc. and Terminal Transportation, Inc.
Joe D. Hughes, Inc.
Frank Bailey Grain Company, Inc.
These companies have submitted signed copies of the alternate
agreement without a minimum payment provision and have asked that
it be substituted for the original agreement. It is further
recommended that the agreement with J. I. Hailey, Inc. and Terminal
Transportation Company, Inc. be further amended to add an
approximate 32 acre tract leased from the Navigation District and
located on the north side of the ship channel on Navigation
Boulevard.
17. The Wyatt Company be retained to perform an actuarial valuation of
the Firemen's Relief and Retirement Fund for a fee not to exceed
$5,100. The collective bargaining contract provides for the City's
contribution rate to the fund to increase by 1.4% effective January 1,
1982, if the employees vote to increase employee contributions by a
like amount. The actuarial study is needed to identify the
improvements in benefits which could result from the proposed
increase in contributions.
18. A closed meeting be held to discuss the possible settlement of the
lawsuit Kurt Lengel vs. City of Corpus Christi.
Acting City Manager Briones referred to the settlement of the Lengel
lawsuit which was proposed in a memorandum from Assistant City Attorney John
Bell and stated that this can be approved in open session if the Council agrees
with Mr. Bell's recommendation that the settlement be in the amount of $20,000
payable to Mr. Kurt Lengel and Mr. Bob Patterson, Attorney. Council
indicated their concurrence.
19. The date for the Assessment Hearing for the Purdue Road Sidewalk
project be changed from December 2 to December 9, 1981.
Mayor Jones ascertained that no one in the audience wished to speak on
the City Manager's Reports.
A motion was made by Mayor Pro Tem Turner to accept the City Manager's
Reports, items 1 through 19, with the exception of item 8, which had been
withdrawn by the Acting City Manager; seconded by Council Member Zarsky;
and passed unanimously.
Minutes
Regular Council Meeting
November 11, 1981
Page 12
*********
Mayor Jones called for consideration of the following tabled zoning
application:
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 for six months 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.
The case was further tabled for two weeks on October 28, 1981. 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 s 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 Larry Wenger reminded the Council that they had asked the
Staff to prepare maps showing the different zoning as recommended by the Staff
and as requested by Mr. Hayden Head. He then displayed those maps showing
the different areas.
Council Member Gulley stated that although he is not directly affected by
this zoning, he would abstain from participating in the discussion and voting on
this item. Mr. Gulley then departed the Council table.
Chief Planner Wenger then displayed the land use plan presented by the
consultants of Mr. Head whereby they recommended that a portion of the land
be zoned for single -member dwellings. He then pointed out the areas that the
Staff recommends be zoned "I-1", "I-2" and "I-3" with "I-1" as a buffer
between the two heavier industrial areas. Mr. Wenger pointed out to the
Council that the Staff is recommending that the area be zoned "I-2" because the
Council asked that an industrial area be established.
Council Member Dumphy inquired if the Planning Commission's
recommendation on this zoning application was different from the Staff's and Mr.
Wenger replied that the Planning Commission recommended denial of the change
of zoning on the area west of Rand Morgan Road and approval of the area east
of Rand Morgan Road. He further stated that the Commission recommends that
all of that area be allowed to remain zoned "R -1B" west of Rand Morgan Road.
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,._iember 11, 1981
Page 13
Mayor Pro Tem Turner commented that this zoning case was initiated by
tie City Council to create an industrial area, and Mr. Wenger stated that this
was correct. He also stated that the only compromise that the Staff could agree
to is if the Council desired not to zone the area west of Rand Morgan Road for
industrial, that it be zoned "F -R" at this time.
Mr. Hayden Head, representing his wife who is the owner of a large
portion of the land involved, reminded the Council that he has gone to a great
deal of expense to formulate a land use plan for this entire area. He urged
that the Council be reminded that the size of tract 2 is quite large; and Mr.
Wenger had noted that there is a conflict with only 700 acres; but pointed out
that this is a lot of land. He stated that he would like to have the Council
approve the recommendation of the Planning Commission so that they can
proceed with the proper rezoning as it is needed. He also noted that the
Calallen Independent School District concurs with the residential plan because
they have purchased land for a new high school in that area.
Dr. Lively, President of the School Board, stated that he concurs with
Mr. Head's proposal.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Kennedy and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the Council concur with
the recommendation of the Planning Commission and that the portion west of
Rand Morgan Road be denied and the portion east of that road be approved;
seconded by Council Member Hawkins.
Mr. Briones pointed out that the 20% rule is in effect.
The motion passed by the following vote: Jones, Turner, Dumphy,
Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, "abstaining".
*********
Mayor Jones announced the consideration of the pending zoning cases for
Padre -Staples Mall.
There are two pending zoning cases. The first is from "R -1B" to "B-4"
on Lots 12 through 22, Block 10, all of Block 11 and the north half of Mt.
Vernon Drive adjacent to Lot 11, Block 11, Mt. Vernon Subdivision #3
between McArdle Road and Mt. Vernon Drive approximately 116' east of
Lenora Drive. The second case is from "R -1B" to "B-4" on Lots 1, 2, 6
and 9, Block 9 and Lots 5, 7 and 8, Block 10, Mt. Vernon Subdivision #3
located on both sides of Lenora Drive between Mt. Vernon Drive and
McArdle Road. The first case was heard on August 13, 1980 and the
Minutes
Regular Council Meeting
November 11, 1981
Page 19
change was approved with the ordinance to pass after replatting, closing
of Janet Drive from Mt. Vernon to McArdle and Mt. Vernon east of Lenora.
The six month time limit on this case expired February 11, 1981 and the
case was granted a one-time extension of nine months through November
11, 1981. The second case was heard on March 11, 1981 and approved
with the stipulation that the ordinance was not to pass until plans for the
expansion of the mall and a replat had been submitted. The six month
time limit on this case expired September 9, 1981 and a one-time extension
was granted until today. The required replatting and street closings have
not been accomplished.
Mr. Briones explained that there are two pending zoning cases involving
Padre -Staples Mall. He reminded the Council that they had felt that "B-4" use
was proper but if the zoning was changed to "B-4" before the plats were
approved and the streets were closed, the ordinance should not be in effect;
therefore, one of the ordinances was revoked and on the other zoning case, it
was approved by motion but the ordinance was not adopted. He informed the
Council that both zoning cases were granted an extension and both of them
expire as of November 11. He stated that the ordinance does not provide for
any kind of conditional zoning, and a letter has been received from a
representative of the applicants agreeing to do the things that the Council
asked them to do, but there is no assurance that this will be done.
Mayor Pro Tem Turner inquired if the Council has the authority to grant
another extension or if the ordinance could specify that it would be in effect
under certain conditions.
Mr. Briones stated that another extension would not be in order and the
City has never passed an ordinance on conditions.
Mr. Finley Edmonds, Attorney representing Mr Smith and Mr. Bevly,
reviewed the history of the two zoning cases and informed the Council that the
conditions pertaining to the zoning cases were that the applicants must submit a
replat and plans for the use of the property including water, sewer, drainage,
traffic patterns, etc. He stated that they have done this and they are ready
to construct as soon as the money market is better. Mr. Edmonds stated that
he was of the opinion that his clients have done everything that they were
instructed to do except the street closings have not been accomplished. He
stated that they would like to have hearings set as soon as possible on the
closing of Lenora and Janet Street.
' 'i tes
ilar Council Meeting
amber 11, 1981
Page 15
Mr. Joseph Hans, also representing the owners, expressed the opinion that
t,^• problem was with one ordinance superseding another ordinance. He stated
that as soon as they were requested to submit a plat, they did so; Urban
Engineering requested the closing of the street; the City Manager wanted to see
how everything was going to be worked prior to the street closings; and the
street closings have not been accomplished at this time. He informed the
Council that there is no objection on the part of the Staff except the rezoning
will result in 44 "B-4" zoned lots. He assured the Council that Mr. Smith will
not use any of the lots they have for business use until the platting has been
finished and until the streets have been closed.
Mr. Edmonds assured the Council that his clients have no objection to
signing an agreement to that effect.
Acting City Manager Briones stated that the City needs the replatting of
the property and the closing of the streets and if the applicants are willing to
sign an agreement that no lots will be sold at this time, public hearings on the
street closings could be set.
A motion was made by Council Member Gulley that the hearing be closed,
seconded by Turner and passed unanimously.
A motion was made by Council Member Gulley that the requested zoning on
these two cases be approved subject to the signing of a written agreement to
the effect that the 44 lots zoned "B-4" would not be sold until the streets, are
closed and the problems have been worked out. The motion was seconded by
Mayor Pro Tem Turner and passed unanimously.
**********
Mayor Jones announced the public hearings on two zoning applications.
1. Application No. 1081-1 Krismer Contractors Inc., for a change of
zorung from "A-1" to "A -B" on Lot 4 and the east one-half of Lot 5,
Block 1, Hampton Addition located on the south side of Coleman
Street approximately 62 feet east of S. Tancahua Street.
Application No. 1081-2, Ms. Helen Pruitt for change of zoning from
"A-1" to "AB" on Lot 6 and the west half of Lot 5, Block 1, Hampton
Addition located at the southeast corner of Coleman Street and S.
Tancahua Street.
Minutes
Regular Council Meeting
November 11, 1981
Page 16
Mr. Briones stated that these cases were to be considered together and
informed the Council that both the Planning Commission and the Planning Staff
recommend approval. He informed the Council that in response to the notices
of the public hearing, three in favor and one in opposition had been returned
on Application No. 1081-1 and five in favor and one in opposition had been
returned on Application No. 1081-2.
Mayor Jones ascertained that no one in the audience wished to speak on
these zoning cases.
Motion by Mayor Pro Tem Turner that the hearing be closed, seconded by
Council Member Gulley, and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the Council concur with
the recommendation of the Planning Commission and grant "AB" zoning on both
of these applications; seconded by Council Member Gulley; and passed
unanimously.
*********
Mr. Briones announced the following public hearing:
2. Application No. 981-3, Padre Isle Driving Range, Inca for change of
zoning from "R -1B" One -family Dwelling District with "SP" Special
Permit to "B-4" General Business District on Lot 13, Section 18,
Flour Bluff and Encinal Farm and Garden Tract located between S.
Padre Island Drive and Williams Drive approximately 650 feet west of
Nile Drive.
Acting City Manager Briones stated that there was no response to the
notices of the public hearing and that the Planning Commission and the Planning
Staff recommend denial of the requested "B-4" zoning but in lieu thereof, that
a revised special permit be granted for an additional game room to the existing
special permit with a satisfactory site plan.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Gulley and passed unanimously.
A motion was made by Mayor Pro Tem Turner that application No. 981-3 be
denied but in lieu thereof that a special permit as recommended by the Planning
Commission and the Planning Staff be approved; seconded by Council Member
Gulley; and passed unanimously.
sates
alar Council Meeting
,ember 11, 1981
Page 17
Mayor Jones called for the ordinances. Acting City Manager Briones
1•riefly explained the ordinances on the agenda and withdrew the ordinance
pertaining to the storm sewer construction in Airline Road south of "Williams
Drive.
Mr. Tom Utter, Assistant City Manager, referred to the third reading of
the ordinance amending the Code of Ordinances pertaining to the commercial
boat brokers and stated that a letter had been received from Mr. John
Stensland in regard to the possibility of allowing more than one boat in a slip.
Mr. Stensland addressed the Council and stated that they recommend that
the amendment to the ordinance not be changed and that the same provisions
that were first included in the ordinance be included.
Discussion followed on the boat slips.
Mr. Utter stated that the Staff was very concerned about the problem that
the boat dealers created because they had several boats in each slip. He
stated that there are problems with the possibility of fires when they are
crowded together in that manner; therefore, the Staff concurs with the
recommendation of the Marina Board.
Council Member Kennedy suggested that the Marina Superintendent be
allowed to grant a temporary time period when more than one boat can be in a
slip.
Mr. Utter suggested that the Marina Superintendent report back to the
Marina Board every six months if the Council would like to allow such a
practice.
Mr. Stensland pointed out that the Marina Superintendent is allowed to
grant such a practice at this time for private owners, and this ordinance is just
to prohibit such a practice by boat brokers.
There were no further comments on the ordinances; City Secretary Read
polled the Council for their votes; and the following ordinances were passed:
SECOND READING:
AMENDING SECTION 57-83 OF THE CITY OF CORPUS CHRISTI CODE OF
ORDINANCES BY CHANGING THE FREQUENCY OF TAXICAB INSPECTIONS
FROM AT LEAST ONCE EVERY THREE MONTHS TO AT LEAST ONCE EVERY
SIX MONTHS AS MORE FULLY SET FORTH HEREIN; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH. (First Reading -11/4/81).
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".
Minutes
Regular Council Meeting
November 11, 1981
Page 18
;SECOND READING:
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
RECEIVING INTO AND ANNEXING TO THE CITY OF CORPUS CHRISTI,
CERTAIN ADDITIONAL TERRITORY, AND FIXING NEW BOUNDARIES FOR THE
CITY OF CORPUS CHRISTI, FULLY DESCRIBING SAID TERRITORY AND SAID
NEW BOUNDARIES, AND DECLARING SAID NEW TERRITORY AN INTEGRAL
PART OF THE CITY OF CORPUS CHRISTI, AND DECLARING THE SAID NEW
TERRITORY AS ANNEXED TO AND MADE A PART OF THE CITY OF CORPUS
CHRISTI, TEXAS, SUBJECT TO THE GENERAL LAWS OF THE STATE OF
TEXAS, THE CITY CHARTER OF THE SAID CITY AND THE ORDINANCES,
RESOLUTIONS AND LAWS OF THE CITY OF CORPUS CHRISTI AND ENTITLED
TO ALL THE SAME RIGHTS, PRIVILEGES AND BURDENS THEREOF. (First
Reading -11/4/81).
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:
AUTHORIZING THE CLOSING OF BENNETT STREET ON CORPUS CHRISTI
BEACH FROM NORTH SHORELINE BOULEVARD EASTERLY TO CORPUS
CHRISTI BAY: THE CLOSING TO BE SUBJECT TO 1) DEVELOPMENT PLANS
INCLUDING A HOTEL OR OTHER MAJOR COMMERCIAL USE, BEING SUBMITTED
TO AND APPROVED BY THE CITY COUNCIL WITHIN 36 MONTHS AND
CONSTRUCTION COMPLETED WITHIN FIVE 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
THE TIME FRAME OF DEVELOPMENT IS NOT MET, THE PROPOSED CLOSING IS
VOID. (First Reading - 11/4/81)
The foregoing ordinance was read for the second time and passed to its third
recding by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,
Kennedy and Zarsky voting, "Aye".
THIRD READING - ORDINANCE NO. 16679:
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. (First Reading - 10/28/81, Second Reading - 11/4/81).
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
THIRD READING - ORDINANCE NO. 16678:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT 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 "A". (First Reading - 10/28/81, Second Reading -
11/4/81).
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
,es
ar Council Meeting
,. .tuber 11, 1981
Page 19
THI:.D READING - ORDINANCE NO. 16680:
AaMIMING CHAPTER 12, BAYS, BOATS AND WATERWAYS,SECTION 12-47 OF
TILE CORPUS CHRISTI CODE OF ORDINANCES, TO AUTHORIZE THE MARINA
SUPERINTENDENT TO ALLOW COMMERCIAL BOAT BROKERS TO SELL THEIR
CRAFT FROM THEIR ASSIGNED SLIPS; PROVIDING FOR SLIP ASSIGNMENT
CRITERIA, ESTABLISHING THE RATE FOR BROKERAGE SLIPS, PUBLIC
LIABILITY INSURANCE REQUIREMENTS; AND PROVIDING FOR PUBLICATION.
(First Reading - 10/28/81, Second Reading - 11/4/81).
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16681:
AMENDING ORDINANCE NO. 15848, PASSED AND APPROVED ON OCTOBER 29,
1980, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE
FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST ABUTTING
PROPERTY OWNERS ON THE FOLLOWING STREET:
HENDRICKS STREET, FROM PADRE ISLAND DRIVE TO BUSH STREET:
AS HEREIN PROVIDED AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16682:
CLOSING AND ABANDONING THE TEN FOOT WIDE UTILITY EASEMENT
CENTERED ON THE COMMON LOT LINE BETWEEN LOT 5AR AS RECORDED IN
VOLUME 31, PAGE 87, AND LOT 6A AS RECORDED IN VOLUME 37, PAGE 110,
MAP RECORDS, NUECES COUNTY, TEXAS, ALL IN BLOCK A, JOSLIN TRACT,
AS SHOWN BY ATTACHED EXHIBIT, SUBJECT TO REPLATTING OF THE
PROPERTY AT THE EXPENSE OF THE ABUTTING PROPERTY OWNERS; 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. 16683:
AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENT TO THE
PRESENT CONTRACT WITH THE TML WORKERS' COMPENSATION JOINT
INSURANCE FUND TO PROVIDE ADDITIONAL WORKERS COMPENSATION
INSURANCE COVERAGE FOR VOLUNTEER FIREMEN AND POLICE RESERVES
FOR THE PERIOD THROUGH OCTOBER 1, 1983, IN SUBSTANTIALLY THE
FORM OF CONTRACT 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. 16684:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
CURRENT CONTRACT BETWEEN THE CITY AND THE NUECES COUNTY RURAL
FIRE PREVENTION DISTRICT NO. 2 (FLOUR BLUFF), AUTHORIZED BY
ORDINANCE NO. 16538, PASSED AND APPROVED BY THE CITY COUNCIL ON
SEPTEMBER 16, 1981, BY PROVIDING FOR WORKERS' COMPENSATION
INSURANCE COVERAGE BY THE CITY UNDER THE TERMS OF AN INTERLOCAL
AGREEMENT BETWEEN THE CITY AND THE TEXAS MUNICIPAL LEAGUE
WORKERS' COMPENSATION JOINT INSURANCE FUND, A COPY OF SAID
AMENDMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A"; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
November 11, 1981
Page 20
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16685:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT WITH URBAN ENGINEERING FOR IMPROVEMENTS TO THE FLOUR
BLUFF WASTEWATER TREATMENT PLANT (EPA PROJECT NO. C-48-1215-02)
WHICH PROVIDES FOR AN INCREASED PLANT CAPACITY AND SPECIFIED A
REVISED FEE OF $265,855, A SUBSTANTIAL COPY OF SAID AMENDMENT
BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"; APPROPRIATING $148,702 OUT OF THE NO. 250 SANITARY SEWER BOND
FUND TO SUPPLEMENT $117,153 PREVIOUSLY APPROPRIATED, APPLICABLE
TO PROJECT NO. 250-77-19, LAGUNA MADRE (FLOUR BLUFF) PLANT
EXPANSION; AND DECLARING AN EMERGENCY.
The Charter Rule wa suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16686:
AUTHORIZING THE COASTAL BEND COUNCIL OF GOVERNMENTS AND THE
TEXAS DEPARTMENT OF HEALTH TO PURCHASE ON BEHALF OF THE CITY OF
CORPUS CHRISTI, AMBULANCE EQUIPMENT FOR ITS EMERGENCY MEDICAL
SERVICES THROUGH A CONTRACT BETWEEN THE COASTAL BEND COUNCIL
OF GOVERNMENTS AND THE TEXAS DEPARTMENT OF HEALTH THROUGH
BIDDING AND PURCHASING PROCEDURES OF THE STATE PURCHASING AND
GENERAL SERVICES COMMISSION.
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. 16687:
AMENDING ORDINANCE NO. 16201 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH PLANT AND FIELD SERVICE OF TEXAS, INC. TO
SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT
"1" FOR ONE 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".
ORDINANCE NO. 16688:
AMENDING ORDINANCE NO. 16358 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH TURNER TOOL JOINT REBUILDERS
CORPORATION TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED
HERETO AS EXHIBIT "1" FOR ONE 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".
ORDINANCE NO. 16689:
AMENDING ORDINANCE NO. 16356 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH WHITEY PATTEN HOT SHOT SERVICE, INC. TO
SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT
"1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; AND
DECLARING AN EMERGENCY.
it Council Meeting
iv... ember 11, 1981
Page 21
The Charter Rule was suspended and the foregoing ordinance passed by the
flowing vote; Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
vo ing, "Aye".
ORDINANCE NO. 16690:
AMENDING ORDINANCE NO. 16144 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH PADRE DRILLING COMPANY, INC. AND TRIPLE L
OIL COMPANY, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED
HERETO AS EXHIBIT "1" FOR THE ONE 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".
ORDINANCE NO. 16691:
AMENDING ORDINANCE NO. 16600 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH JOE D. HUGHES, INC. TO SUBSTITUTE AN
ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE
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".
ORDINANCE NO. 16692:
AMENDING ORDINANCE NO. 16354 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH FRANK BAILEY GRAIN COMPANY, INC. TO
SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT
"1" FOR THE ONE 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"
ORDINANCE NO. 16693:
AMENDING ORDINANCE NO. 16142 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WIH J. I. HAILEY, INC., AND TERMINAL
TRANSPORTATION, INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT
ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE 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"
ORDINANCE NO. 16694:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT PROVIDING FOR THE
SCHOOL DISTRICT REIMBURSING THE CITY FOR 100 PERCENT OF THE COST
OF A PARKING LOT AT THE CARROLL LANE ELEMENTARY SCHOOL
ABUTTING CARROLL LANE, SAID PARKING LOT TO BE CONSTRUCTED
CONCURRENTLY WITH THE CARROLL LANE STREET IMPROVEMENTS, A
SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
Minutes
Regular Council Meeting
November 11, 1981
Page 22
ORDINANCE NO. 16695:
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY
FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE HORNE ROAD
STREET IMPROVEMENTS, PROJECT NO. 220-77-10; APPROPRIATING OUT OF
THE NO. 220 STREET BOND FUND THE SUM OF $6,756 OF WHICH $6,550 IS
FOR ACQUISITION AND $206 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, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16700:
AMENDING ORDINANCE NO. 16352 WHICH AUTHORIZED AN INDUSTRIAL
DISTRICT AGREEMENT WITH SABER REFINING COMPANY TO SUBSTITUTE AN
ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE
ORIGINALLY EXECUTED BY THE COMPANY; ANI) 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. 16699:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI '
ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN
VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION
RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF
PADRE STAPLES MALL BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON LOTS 1, 2, 6 AND 9, BLOCK 9, AND LOTS 5, 7 AND 8, BLOCK
10, MOUNT VERNON NO. 3 SITUATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO
• " GENERAL BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING
ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
ORDINANCE NO. 16997:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI
ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN
VOLUEM 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION
RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6101, AS AMENDED, UPON APPLICATION OF
PADRE STAPLES MALL BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON LOTS 12 THROUGH 22, BLOCK 10, ALL OF BLOCK 11, AND
NORTH HALF OF MOUNT VERNON DRIVE ADJACENT TO LOT 11, BLOCK 11,
MOUNT VERNON SUBDIVISION 4t3, SITUATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT: KEEPING IN EFFECT ALL
OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by thw
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
'tes
filar Council Meeting
_,ember 11, 1981
Page 23
ORDINANCE NO. 16698:
ilL::NDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI
J thOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN
VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION
R'OCRDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF
KRISNER CONTRACTORS, INC. AND MS. HELEN PRUITT BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON LOTS 4, 5, 6, BLOCK 1,
HAMPTON ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB"
PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky
voting, "Aye".
*********
Mayor Jones called for petitions or information on matters not scheduled on
the agenda.
Mr. Gene Pennebaker addressed the Council in regard to additions to the
bayfront area. He stated that he would like to present a petition to the
Council for two items as follows: (1) He proposed that the City Council
establish an Arts Commission to determine the appropriateness of all buildings
which face on the bayfront and that they study the location of the two
barge restaurants, particularly the one recently approved; (2) recommend
where and when they should be relocated to an alternate location since they will
have that authority within two years. Mr. Pennebaker pointed out to the
Council that he had studied the Harland -Bartholomew Study which recommended
that an Arts Commission be appointed to study and make recommendations on
development of the bayfront. Mr. Pennebaker also noted that the Council last
week approved an additional barge restaurant to be located at the end of the
L -Head. He stated that none of the studies prepared for the City recommends
a three-story restaurant to be located on the bayfront. He explained that he
had no quarrel with the restaurant's being located on the bayfront but he is
concerned about the location of the one which was approved for the T -Head,
noting that it would obstruct the view of the bay. He urged that the new
restaurant be relocated as soon as possible.
Mayor Pro Tem Turner informed Mr. Pennebaker that the Council has
already discussed the possibility of appointing a Bayfront Commission and Mayor
Janes agreed that that Commission should be appointed.
Minutes
Regular Council Meeting
November 11, 1981
Page 24
Mr. Pennebaker stated that he would also like to recommend that they
examine the new barge restaurant as soon as possible.
Mayor Jones inquired if the Marina Board could study this further and Mr.
Stensland, who was still present, stated that they would be glad to do that.
Mr. Mark Foster stated that he agreed with Mr. Pennebaker and
questioned whether there were enough parking spaces for boat owners and for
customers of the restaurants. He, too, expressed concern about the size of the
structure for the restaurant. He noted that there will be a traffic problem in
the bay and the location of the restaurant on the L -Head will interfere with the
sailboat races. He expressed the opinion that other locations would be more
beneficial.
Council Member Kennedy displayed for Mr. Foster a plan of the parking
area which had been prepared by the City Staff.
*********
Mayor Pro Tem Turner referred to the Workshop Meeting in regard to
appointments to Boards and Commissions and recommended that Mr. Jack Bell be
appointed as Chairman of the Foods Services Advisory Council.
The motion was seconded by Council Member Zarsky and passed
unanimously.
*********
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Zarsky and passed
unanimously, the Regular Council Meeting was adjourned at 7:13 p.m.,
November 11, 1981.