HomeMy WebLinkAboutMinutes City Council - 03/23/1983t
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 23, 1983
2:00 p.m.
Present
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Jack K. Dumphy City Manager Edward Martin
Bob Gulley City Attorney J. Bruce Aycock
* Herbert Hawkins, Jr. City Secretary Bill G. Read
Charles Kennedy, Jr.
Cliff Zarsky
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Mrs. Pat Duaine in the absence of the invited
minister, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member Charles Kennedy.
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.
A motion was made by Mayor Pro Tem Betty Turner that the Minutes of
the Regular Council Meeting of March 2 and March 9, 1983 and the Special
Council Meeting of March 2, 1983 be approved as presented; seconded by
Council Member Cliff Zarsky; and passed unanimously.
Mayor Jones noted the issuance of the following proclamation: "USS City
of Corpus Christi Day" - March 16 through 22, 1983.
Mayor Jones then read a proclamation honoring Doc McGregor celebrating
his 90th birthday and designating March 20 through 27, 1983 as "DOC
McGREGOR WEEK". He explained that Doc McGregor is a long-time City
resident who had preserved the history of Corpus Christi on film since he was
a leading photographer for many years.
MICROFILMED `SEP 1919§4
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Regular Council Meeting
March 23, 1983
Page 2
Assistant City Manager Bill Hennings explained that there is an exhibit at
the Corpus Christi Museum displaying fifty photographs taken by Doc McGregor
of scenes of Corpus Christi.
Dr. Lorena Tinker introduced her father to the Council.
Doc McGregor then made a few remarks addressed to the Council.
Dr. Tinker expressed concern about the deterioration of Doc McGregor's
negatives and requested that the Council consider funding this project for the
restoration of the negatives. She explained that the University of Texas at
Austin has offered to take the collection for preservation and display, but she
and her father would prefer that they remain in Corpus Christi if they can be
processed for restoration.
Mayor Jones stated that the Council will consider this when preparing the
budget for the next fiscal year.
Mr. Larry Tucker, representing Corpus Christi National Bank, stated that
he, too, is interested in the collection of photographs. He informed the Council
that the University of Texas does have the facilities for the collection and he
feels that something should be worked out cooperatively with them in connection
with the photographs and negatives.
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Mayor Jones announced administration of oaths and then administered the
oath to Mr. Sam Allen, a newly appointed member to the Marina Board.
p.m.
* Council Member Herbert Hawkins, Jr. arrived at the meeting at 2:21
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Mayor Jones called for Actions of the Council from the Workshop Session.
1. A non-binding, advisory referendum be conducted on
1983, between the hours of 7:00 a.m. and 7:00 p.m.,
Council in determining the location of a new City Hall.
will begin on Monday, April 18, 1983, and continue each
8:00 a.m. to 5:00 p.m., through Tuesday, May 3, 1983.
ballot used in the poll shall read as follows:
Saturday, May 7,
to assist the City
Absentee polling
working day from
The form of the
The City is planning to build a new City Hall through
either a public-private partnership or the sale of
general obligation bonds. In order to assist the City
Council in determining which is the preferred site,
please mark the block corresponding to the location of
your choice. (MARK ONLY ONE BLOCK)
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Regular Council Meeting
March 23, 1983
Page 3
Present City Hall location on Shoreline Drive
Location near Nueces County Courthouse
The referendum shall be conducted at approximately 96 polling places.
The City Secretary is charged with designating the proper polling places,
appointing personnel to conduct the polling, and any other appropriate
related responsibilities. Voting machines shall be used for both absentee
polling and for polling at the designated polling places.
All registered voters of the City shall be entitled to indicate their
preference in the referendum. This referendum is non-binding and is
conducted for the sole purpose of advising the City Council on the matter
of the location of a new City Hall. As a result, it does not constitute an
"election" for the purposes of the Texas Election Code.
The City staff is instructed to prepare an informational summary outlining
the pertinent facts for each site, including costs and the feasibility of
using the public/private partnership.
Mayor Jones explained that the Council agreed to utilize all 96 polling
places and that voting machines should be used for the non-binding referendum
election.
A motion was made by Council Member Bob Gulley that the foregoing
motion be confirmed; seconded by Council Member Kennedy; and passed
unanimously.
2. The City select Bayfront Associates as the party with whom to negotiate
with their proposal to fill in the Peoples Street T -Head as a starting point
and the Council be kept informed of the status of the negotiations.
A motion was made by Council Member Kennedy that the foregoing motion
be confirmed; seconded by Council Member Zarsky; and passed unanimously.
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Mayor Jones called for Consideration of the Motions from the Consent
Agenda on items 1 through 14 and in addition, item 14b, which was added as an
emergency item.
1. Bids be received April 12, 1983 for three year concession rights at Cole
Park.
Mayor Jones inquired if the contract specifies that the concessionaire must
clean the restrooms in the area, and City Manager Martin replied in the
affirmative.
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Regular Council Meeting
March 23, 1983
Page 4
2. Bids be received April 12, 1983 for one aluminum modular play system for
Park Construction.
Mayor Jones inquired if this equipment is relatively indestructible, and
Assistant City Manager Tom Utter stated that it is and it will be very difficult
to tear it down.
3. Bids be received April 12, 1983 for seventy-five Washingtonia Palms for
the Park Division.
Council Member Kennedy inquired about the time established for the
landscape work, and City Manager Martin stated that if the City is taking bids
on the trees, the Park Department must be ready to use them.
Mr. Utter further explained that the trees will be planted in Swantner
Park and the north and south ends of Corpus Christi Beach.
4. Bids be received April 12, 1983 for a 6-8ton vibratory asphalt roller for
the Street Division to replace a 1967 model roller.
5. Bids be received April 12, 1983 for two bowl assemblies for pumps at the
Stevens Plant. The bowl assemblies are necessary to rebuild the pumps to
full pumping capacity. The rebuilding of the two pumps is included in the
1982-83 Budget.
6. Bids be received April 19, 1983 for twelve months supply agreement for
approximately 530 magnesium anodes for the Gas Division for cathodic
protection of gas lines to prevent corrosion.
7. Plans and specifications for the Meadow Park Recreation Center Expansion
and Renovation project be approved and bids for this project be received
on April 20, 1983. Funds are available in the 8th Year Community
Development Block Grant. (Attachment #5)
8. Sixteen heavy duty trucks be purchased as follows on the basis on low
bid:
a. Creveling Motor Co., Corpus Christi
Four 10,000 GVWR trucks including: $ 36,406.00
one each cab & chassis for Wastewater and Water Divisions,
and two cab & chassis with service bodies for Traffic
b. Tradewinds Ford Sales, Corpus Christi
One 10,000 GVWR truck with crane body for Water
Division
Ten 20,000 GVWR trucks including:
$ 12,622.83
$134,306.45
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Regular Council Meeting
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Three cab & chassis with dump bodies for Street, one cab
& chassis with service body for Water, two 84" CA cab &
chassis for Street, two 102" CA cab & chassis for Street,
one 102" CA cab & chassis for Park, and one cab & chassis
with stake body for Park.
One 23,000 GVWR truck cab & chassis for Wastewater
Total Tradewinds Ford Sales
Grand Total
$ 12,209.53
5159,138.81
$195,544.81
Prices have decreased approximately 2% since last bid in June 1982. The
trucks are included in the 1982-83 Budget. The additional truck is for
the Wastewater Division to increase capacity to respond to sewer line
breaks. Three firms submitted bids.
9. Approving Change Order No. 3 for $13,174 to the contract with F&E
Erection Company for the second phase of expansion at the Oso Plant for
the installation of handrails on the reaeration basins and the mixing
chambers. These handrails will provide access to the bridges to be
installed on the basins and chambers and were inadvertently omitted from
the plans.
10. Accepting the Bali Drive Improvements project, authorizing final payment
of $31,975.41 for a total of $103,781.13 to Heldenfels Brothers, Inc., and
authorizing a 13 day time extension due to utility delays beyond the
control of the contractor. This 1977 bond project provided for the
reconstruction of Bali Drive to residential street standards under the
Voluntary Paving Program.
11. A public hearing be held on March 30, 1983 for the consideration of the
Water Master Plan for the City of Corpus Christi.
12. A public hearing be held on the closure of a portion of Chipito Street
between Cabra Street and North Staples Street on April 6, 1983, at 3:00
p.m. in the City Hall Council Chambers. A 26 foot wide by 200 foot long
portion of the south side of Chipito Street is being considered for closure
concurrently with the Washington -Coles Area Street Improvement, Phase III
project.
13. Authorizing the City Manager to execute a release agreement for restrictive
covenants that are of record in the Deed Records restricting property
owned by Mr. David May in Flour Bluff, identified as Lots 20, 21 and 22,
Section 47, Flour Bluff and Encinal Farm and Garden Tract.
14. Authorizing the City Manager to execute a park deferment contract
between the City of Corpus Christi and Richard Ira E. Hayley and
Royaland Construction, Inc., a partnership for deferred park land
dedication out of the Dove Creek Subdivision, which is located at the
northwest corner of FM 624 and County Road 73. This contractual
arrangement, which is in accordance with the Platting Ordinance, will allow
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Regular Council Meeting
March 23, 1983
Page 6
the developer to final out and construct a portion of his overall
preliminary prior to the final plat and construction of that portion of the
subdivision in which the park is located.
14b. Accepting a grant offer of $4,610,344 from the Environmental Protection
Agency for the construction of improvements to the Laguna Madre
Wastewater Treatment Plant.
There were no comments from the audience on the Consent Motions.
A motion was made by Mayor Pro Tem Turner that the foregoing items, 1
through 14b be approved; seconded by Council Member Kennedy; and passed
unanimously.
Council Member Gulley referred to item 14b and made a motion that a letter
of commendation be written for Assistant City Manager James K. Lontos and
placed in his personnel file for his success in obtaining the grant offer from
the Environmental Protection Agency; seconded by Mayor Pro Tem Turner; and
passed unanimously.
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Mayor Jones called for Consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 15 through 21.
Mayor Pro Tem Turner referred to item 18, recommending award of
contract for the Baldwin Boulevard Water Line Replacement Project to Delta
Utilities and expressed concern about the recommendation, noting that there had
been a base bid and an alternate but there was no mention made that one type
of pipe would be preferable over another.
City Manager Martin stated that both types of pipe were acceptable but the
ductile iron pipe is better.
Mrs. Turner then questioned why the more expensive pipe was
recommended by the Staff when either type of pipe was listed as being
acceptable.
City Manager Martin stated that the City will obtain a much better ductile
iron pipe at a much lower price than would ordinarily have been bid.
Mayor Pro Tem Turner expressed concern about the specifications that
were sent to the bidders, and if the other pipe is acceptable and it is less
expensive, then she expressed the opinion that the contract should have been
awarded to the low bidder.
City Manager Martin further explained that when alternates are listed, the
City has the option to purchase a better product if enough money is available
in the fund.
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Regular Council Meeting
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Assistant City Manager James K. Lontos explained the difference between
the two pipes and the superior qualities of the ductile iron pipe. He stated
that allowing bidders to bid on two kinds of pipe results in more competitive
prices.
Mr. Tony Heldenfels, Jr. expressed the opinion that no one has enough
experience with ductile iron pipe; Mr. Lontos is misleading the Council in
regard to the superiority of this product; Mr. Atlee Cunningham, Consultant
for the Water Division, did not indicate in his report that the ductile iron pipe
is better than the concrete pipe; and although Mr. Martin and Mr. Lontos
advise that the ductile iron pipe is preferable, the specifications that the City
prepared did not so indicate and he was of the opinion that the contract should
be awarded to the lowest bidder. He expressed concern about the waste of
City funds to purchase the more expensive pipe and questioned statements made
by Mr. Martin and Mr. Lontos.
Council Member Kennedy requested a report on a comparison of the
qualities of ductile iron pipe as opposed to the concrete pipe.
Council Member Hawkins expressed the opinion that the contract should be
awarded to the lowest bidder.
City Manager Martin pointed out that there is actually a small difference in
cost.
Council Member Gulley stated that he had discussed this with several
contractors and had been informed that the ductile is the best that can be used
and he was of the opinion that it would be worth the money in the long run to
purchase the ductile iron pipe. He pointed out also that the City has the right
to award a contract that is in the best interest of the City.
No one else spoke on the ordinances; City Secretary Read polled the
Council for their votes; and the following ordinances were passed:
15. ORDINANCE NO. 175314:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCEL 2 IN CONNECTION WITH THE SURFSIDE
TO TIMON BOULEVARDS STREET CONNECTION; APPROPRIATING $32,494;
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".
16. ORDINANCE NO. 17535:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH GUERRA
CONSTRUCTION COMPANY FOR THE ST. PETER STREET HALF STREET
CONSTRUCTION PROJECT; APPROPRIATING $25,000 FOR THIS
CONTRACT; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
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The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, and
Kennedy and voting, "Aye"; Zarsky, disqualified himself.
17. ORDINANCE NO. 17536:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH AMERICAN
ROOFING AND CONSTRUCTION COMPANY FOR SIX PORTABLE BUILDINGS
TO BE LEASED BY THE NUECES COUNTY COMMUNITY ACTION AGENCY
FOR THE HEADSTART PROGRAM; APPROPRIATING $215,000 FOR THIS
CONTRACT; 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".
18. ORDINANCE NO. 17537:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH DELTA UTILITIES
FOR THE BALDWIN BOULEVARD WATERLINE REPLACEMENT PROJECT;
APPROPRIATING $1,720,000 FOR THIS CONTRACT; 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".
19. ORDINANCE NO. 17538:
AMENDING ORDINANCE NO. 17368 BY AMENDING SECTION 3 IN ORDER
TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS
ON BALI DRIVE, FROM MEDITERRANEAN DRIVE NORTHERLY TO THE
MAIN TROPIC ISLES CHANNEL; 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".
20. SECOND READING
AUTHORIZING A LEASE AGREEMENT WITH THE NUECES COUNTY
COMMUNITY ACTION AGENCY FOR THE PURPOSE OF LEASING SIX
PORTABLE BUILDINGS FOR THE HEADSTART PROGRAM.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy
and Zarsky voting, "Aye".
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21. THIRD READING - ORDINANCE NO. 17539:
AMENDING THE CODE OF ORDINANCES, SECTION 57-179, PERTAINING
TO AMBULANCE DRIVER PERMITS, TO DELETE THE REQUIREMENT FOR
A PHYSICIAN'S STATEMENT, AND PROVIDING FOR SEVERANCE.
The Charter Rule was suspended and the foregoing ordinance passed by
the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy
and Zarsky voting, "Aye".
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Mayor Jones called for consideration of the items on the Regular Agenda on
the following matters:
22. A referendum be held on the question of locating a new City Hall; at the
present location on Shoreline Boulevard, or at a location near the Nueces
County Courthouse.
(Action was taken on this item earlier in the meeting.)
23. Consideration of pending State legislation.
a. Endorsing legislation for consideration by the Texas Legislature to
amend the Firemens' and Policemens' Civil Service Law known as
Article 1269m.
City Manager Martin explained that the Staff is requesting that the Council
endorse the concepts of the amendments to the Civil Service Law in order to
clear up some discrepancies in Article 1269m. He stated that the various
amendments are changing daily but the cities are attempting to remove some of
the archaic language in this article.
A motion was made by Council Member Zarsky that the Council endorse the
legislation as set forth in item 23; seconded by Council Member Dumphy; and
passed unanimously.
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Mayor Jones called for Consideration of Actions by Ordinance from the
Regular Agenda on items 24 and 25.
Mr. Larry Wenger referred to Ordinance 24, pertaining to the zoning
application of Ms. Rosana M. Rosas and stated that the applicant wanted to
establish an artificial flower shop; the "B-1" zoning requested was denied but a
special permit was recommended subject to the submission of an acceptable site
plan; the street has no curbs and gutters but does have a sidewalk; the Staff
worked with the applicant on the site plan to provide a screening fence and
off-street parking; but the site plan indicates that there will only be two
off-street parking spaces and two spaces on the street. He pointed out that
this is a business use which is an intrusion into this residential neighborhood.
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Regular Council Meeting
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A motion was made by Council Member Kennedy that this application be
denied, seconded by Council Member Zarsky, and passed unanimously by those
present and voting.
Assistant City Manager Bill Hennings referred to the first reading of the
ordinance amending the City Code Land Drilling Ordinance which proposes to
add additional requirements pertaining to surface casing setting depths. He
explained that this change would add wording to the ordinance that an
exception to the Railroad Commission ruling would have to be approved. He
stated that the deeper casings would prevent the possibility of additional
blowouts. He stated that one other modification would require the Bay Drilling
Ordinance to have the same casing requirement as the Land Drilling Ordinance.
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Mayor Jones announced the public hearing on the following assessment rolls
scheduled for 3:00 p.m.
26. Preliminary assessment roll for street improvements in the Woodlawn Estates
and Alameda Estates areas. The roll provides for assessments of
$167,115.82 on 116 items.
27. Preliminary assessment roll for the Glenmore Street Improvements. The
roll provides for assessments of $21,000.09 on 26 items.
City Attorney J. Bruce Aycock conducted the formal portion of the hearing
on the preliminary assessment rolls for street improvements in the Woodlawn
Estates and Alameda Estates areas and for the Glenmore Street Improvement
Projects. He called as his first witness, Mr. Gerald Smith, P.E., City
Engineer. Through questioning of the witness, Mr. Aycock ascertained that
Mr. Smith has been employed by the City of Corpus Christi for twenty-three
years and that he has on file in the City Engineering Department his
qualifications.
Mr. Smith testified that the two hearings are for two separate projects that
are voluntary paving projects.
Mr. Smith stated that he would like to address the Glenmore Street
Improvement Project first and informed the Council that the Staff proposes to
reconstruct these streets according to standard residential specifications. He
stated that the low bidder for this project was M&M Construction Company and
the number of working days for the project is 30. He explained that the
voluntary paving petition was signed by one-half of the residents of Glenmore
Street, specifically on the north side, and the bulk of the assessments are for
that side of the street. He explained that the Staff is recommending that only
four property owners on the south side be assessed, but the total street will be
reconstructed.
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Regular Council Meeting
March 23, 1983
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Mr. Smith described this project as being a 28 -foot wide street and the
improvements will include a 4" curb and gutter section on the northwest side of
the street and selected replacement of the existing curb and gutter on the
southeast side. He explained that the roadway will consist of a 6" thick
compacted subgrade, 8" thick compacted caliche base and 14" thick hot -mix
asphaltic pavement. He stated that the assessment rate for the curb, gutter
and pavement will be $9.75 per linear foot; the sidewalk will be $1 per square
foot; and the driveways will be assessed $2.97 per square foot which is the
actual price included in the bid. Mr. Smith informed the Council that the total
bid price was $35,859.50; the preliminary assessments will be $21 ,024.09; and
the City's portion will be $64,835.41.
Mr. Smith then described the Woodlawn Estates and Alameda Estates Street
Improvement Project, noting that the improvements on Woodlawn Estates will
include Woodlawn and Daley Drives from Williams Drive to South Padre Island
Drive; and the Alameda Estates portion will include Eldon Drive from Gaines
Street to Alameda Street and the Delano Drive and Walton Place from Robert
Drive to Elton Drive. He explained that the construction will also be similar to
that of Glenmore Street and the assessment rates will be $9.75 per linear foot
for 6" curb, gutter and pavement; $1 per square foot for sidewalks; $3.08 per
square foot for driveways; and $.88 per linear foot for the water line to be
constructed by City forces. He explained that the total bid price as submitted
by Maverick Construction Company is $445,430.37; the preliminary assessments
will be $171,355.30; and the City's portion will be $274,075.07.
Mr. Smith explained how the assessment payments could be made, noting
that following completion of the project, the assessments may be paid by cash
or over a period of five years at an interest rate as set forth in the assessment
ordinance. He stated that construction on both projects will begin in about six
weeks and both of them are voluntary paving projects included in the 1982 bond
program.
City Attorney Aycock called as his next witness, Mr. William J. Holly, Real
Estate Broker and Appraiser.
Through questioning of Mr. Holly, Mr. Aycock ascertained that he is
qualified to serve in the capacity of appraiser for the City; that he is
thoroughly familiar with all of the property involved in these street improvement
projects; and that he has on file in the Engineering Office a copy of his resume
listing his qualifications.
Mr. Holly testified that he is familiar with the real estate values in the
City of Corpus Christi and that he had examined each and every parcel of land
included in the two projects. He testified that there is one exception, which is
a triangular shaped piece of property located at the corner of Eldon and Gaines
Drives, described as item no. 90 on the Alameda Estates Street Improvement
Project, which may not be enhanced equally in value by the improvements due
to its configuration. He stated that on this item, he recommended a reduction
of 26% in the dollar amount of $157.46 or from $605.77 to $448.31. Mr. Holly
testified that other than this one piece of property, in his opinion, all other
property included in all of the assessment rolls would be enhanced at least in
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Regular Council Meeting
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Page 12
the amount of the assessment.
Mayor Jones called for comments from the audience.
Mr. Sherman King, 226 Glenmore, pointed out to the Council that the
petition signed by the residents of Glenmore Street was prepared at the $4.75
per linear foot charge; the bond issue was approved in February, 1982; and
the assessment rate was not changed until after that time. He expressed the
opinion that their assessments should have been calculated at the lower rate.
Mr. Smith responded to Mr. King's remarks by stating that in July of
1982, the change in the assessment rates was approved by the Council and
appropriations for the street improvements for this street were committed to this
project. He noted that after the change, there was a reversion clause in the
ordinance which will allow the Council to assess the lower rate if they desired.
Mayor Jones inquired if the Council had approved any assessment projects
at the new higher rates, and Mr. Smith replied that the City had on Carroll
Lane, Calalien Drive and Airline Road, all of which were assessed at the new
rates.
Mr. King stated that the streets Mr. Smith referred to were not voluntary
paving petition streets, and this is the first one that was started as a
voluntary paving petition; therefore, he felt that they should be assessed at
the old rate.
Council Member Zarsky inquired of Mr. King if he would like to eliminate
this project entirely, and Mr. King agreed that that would be satisfactory with
him.
Mrs. Elaine Turner, of Turner's Gardenland, stated that they leased some
property and owned several other pieces of property. She requested that some
provision be provided to keep Daley Street opened during construction so that
customers may gain access to their business during that period.
Also speaking in regard to the Glenmore Street project was Mr. Mike
Linnane, 225 Glenmore, who also spoke in opposition to the rate of the
assessments. He suggested that a new petition be circulated indicating the
increased assessment rates.
Council Member Kennedy inquired as to the length of time that the new
prices have been in effect, and Mr. Smith stated that it is approximately three
years.
Council Member Zarsky inquired if the contract for the street improvements
has been awarded and Mr. Smith replied that it had not.
Mr. Zarsky then inquired about the City's obligation to the contractor if a
decision was made not to reconstruct Glenmore Street since he felt that the
property owners have indicated they would prefer not to have their street
improved if they have to pay the higher assessment rate.
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Regular Council Meeting
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Mr. Smith explained that the residents of Glenmore Street could petition
the Council to withdraw their voluntary paving petition and for the Glenmore
Street improvements.
Mayor Jones pointed out to Mr. Linnane that the property owners would
have five years to pay the assessments at a low interest rate and Mr. Smith
noted that this gentleman resides on the south side and there are only four
other property owners on that side of the street who will be assessed.
Council Member Zarsky suggested that this assessment roll be tabled in
order to provide an opportunity for the property owners to withdraw their
voluntary paving petition if they desired.
Mr. King spoke again and stated that he does want the street improved
even at the higher assessment rates.
Mrs. Barbara McDowell, 302 Glenmore, also objected to the increase in the
assessment rates since they were under the impression that they would only
have to pay a certain amount at the time the voluntary paving petitions were
signed.
Council Member Kennedy pointed out that assessments will naturally be
higher as costs are increased.
Mrs. McDowell stated that she still would like to have the street
reconstructed but she does not feel that the increase in assessments should
have been made without informing the property owners.
Council Member Hawkins pointed out to Mrs. McDowell that this was a
major policy change.
Mr. Smith then read the wording on the petition and stated that the
petition forms currently being used do not refer to any particular assessment
rates.
A motion was made by Council Member Kennedy that the public hearing on
the assessments for Woodlawn and Alameda Estates Street Improvements be
closed and that the Glenmore Street assessment project be tabled for two weeks;
seconded by Mayor Pro Tem Turner; and passed by the following vote: Jones,
Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley, absent
at the time the vote was taken.
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City Secretary Read reminded the Council that there was a need to pass
Ordinance No. 25. He polled the Council for their votes and the following
ordinance was approved:
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Regular Council Meeting
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Page 14
25. FIRST READING:
AMENDING THE CITY CODE, CHAPTER 35, OIL AND GAS WELLS, TO ADD
ADDITIONAL BLOWOUT PREVENTION MEASURES AS REQUIREMENTS
PERTAINING TO SURFACE CASING SETTING DEPTHS.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Dumphy, Hawkins,
Kennedy and Zarsky voting, "Aye"; Gulley, absent at the time the vote
was taken.
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Mayor Jones announced the public hearings on three zoning applications:
28. Application No. 283-10, Chaparral Energy Corporation: for a change of
zoning from "R -1B" One -family Dwelling District and "A-1" Apartment
House District on Tracts 1 and 2 to "B-4" General Business District on
Tract 1 and to "T -1B" Mobile Home Park District on Tract 2, located on
the south side of McArdle Road, approximately 200' west of Ennis Joslin
Road, Tract 1 being 1.97± acres out of Lot 3 and Tract 2 being 10.89±
acres out of Lot 4, Section 28, Flour Bluff and Encinal Farm and Garden
Tracts.
Assistant City Manager Tom Utter informed the Council that seven notices
of the public hearing had been mailed and none had been returned with the
exception of one in opposition from outside the 200' notification area. He stated
that both the Planning Commission and the Planning Staff recommend that the
"B-4" zoning be denied on Tract 1 and in lieu thereof, that "T -1B" be
approved for both Tracts 1 and 2.
Mr. Larry Wenger, Director of Planning, located the area on the zoning
and land use map, described the land use in the surrounding area, showed
slides of the vicinity and stated that the applicant plans to expand a mobile
home park and provide mini -storage units. He stated that the recommended
zoning would not noticeably increase the traffic pattern on the street on which
it fronts.
No one spoke in regard to this application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously.
A motion was made by Council Member Kennedy that the zoning of "T -1B"
be granted for Tracts 1 and 2; seconded by Council Member Zarsky• and
passed unanimously.
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Regular Council Meeting
March 23, 1983
Page 15
29. Application No. C283-9, City of Corpus Christi: for a change of zoning
from "T-1" Mobile Home Park, Travel Trailer Park, or Mobile Home
Subdivision to "T -1C" Mobile Home Subdivision District on a portion of Lot
7, Womack Farm Lots and a portion of Tract 7, W. J. Robertson's Farm
Tracts located on the west side of County Road 37, approximately 150'
north of Saratoga Boulevard.
Assistant City Manager Utter stated that in response to the sixteen notices
of the public hearing that were mailed, two in favor and none in opposition had
been returned. He informed the Council that both the Planning Commission and
the Planning Staff recommend approval.
Mayor Jones ascertained that no one in the audience wished to speak on
this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Hawkins and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the requested zoning of
"T -1C" be approved for Application No. C283-9; seconded by Council Member
Hawkins; and passed by the following vote: Jones, Turner, Dumphy, Hawkins,
Kennedy and Zarsky voting, "Aye"; Gulley, absent.
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30. Application No. 383-8T, Text Amendment to the Zoning Ordinance,
Pendaris Corporation: Prezoning to "A-2" Apartment House District on
Tract 1 and to "B-4" General Business District on Tracts 2 and 3, Tract 1
being 7.0± acres, Tract 2 being 5.57± acres, and Tract 3 being 5.73±
acres, all Tracts out of a 205.8 acre tract of the Mariano L. de Herrera
Grant, Abstract No. 606, located on the north side of F.M. 624 on either
side of Wood River Drive.
Mr. Utter stated that this application was on behalf of the Pendaris
Corporation; it is outside the City limits; and that in response to the ten
notices of the public hearing that were mailed, one in favor and two in
opposition had been returned.
No one spoke in regard to this application.
A motion was made by Council Member Hawkins that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
A motion was made by Council Member Hawkins that the zoning of "A-2"
and "B-4" be approved on three tracts of land in Application No. 383-8T;
seconded by Council Member Dumphy; and passed by the following vote:
Jones, Turner, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Gulley,
absent.
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City Secretary Read polled the Council for their votes on the ordinances
effecting the foregoing zoning changes and the following ordinances were
approved:
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Regular Council Meeting
March 23, 1983
Page 16
28. ORDINANCE NO. 17540:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CHAPARRAL
ENERGY CORPORATION, BY CHANGING THE ZONING MAP IN REFERENCE
TO TRACTS 1 AND TRACT 2, BEING PORTIONS OF LOTS 3 AND 4,
SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,
FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "A-1" APARTMENT
HOUSE DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was
approved by the following vote: Jones, Turner, Dumphy, Hawkins,
Kennedy and Zarsky voting, "Aye"; Gulley, absent.
29. ORDINANCE NO. 17541:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CITY OF
CORPUS CHRISTI, BY CHANGING THE ZONING MAP IN REFERENCE TO
PORTIONS OF LOT 7, WOMACK FARM LOTS AND TRACT 7, W. J.
ROBERTSON'S FARM LOTS, FROM "T-1" MOBILE HOME PARK, TRAVEL
TRAILER PARK, OR MOBILE HOME SUBDIVISION TO "T -1C" MOBILE
HOME SUBDIVISION DISTRICT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was
approved by the following vote: Jones, Turner, Dumphy, Hawkins,
Kennedy and Zarsky voting, "Aye"; Gulley, absent.
30. ORDINANCE NO. 17542:
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY
ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 A NEW
SUBSECTION, 31-5.44 SETTING FORTH ZONING CLASSIFICATION OF
SAID AREA OF LAND DESCRIBED AS TRACTS 1, 2, AND 3 OUT OF THE
MARIANO L. DE HERRERA GRANT, ABSTRACT NO. 606; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was
approved by the following vote: Jones, Turner, Dumphy, Hawkins,
Kennedy and Zarsky voting, "Aye"; Gulley, absent.
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Mayor Jones called for petitions or informations from the audience on
matters not scheduled on the agenda.
Mrs. Pat Duaine expressed appreciation to the Council for calling an
election for an advisory referendum pertaining to the City Hall location and
using the standard election procedures.
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Regular Council Meeting
March 23, 1983
Page 17
Mr. Calvin Self addressed the Council on behalf of the Rural Fire
Department in the Flour Bluff District and inquired if it would be possible for
the Council to include on the ballot for May 7, the issue as to whether or not
the people of Flour Bluff would agree to a tax in order to maintain the
volunteer fire department.
Mayor Jones inquired if such an item could legally be included on the
City's ballot.
City Secretary Read stated that he would object to handing out paper
ballots for that opinion but the Council has the authority to place anything they
desire on the ballot. He noted that this would only involve two precincts but
the citizens might not understand if it is placed on the City's ballot.
City Manager Martin concurred stating that he questioned whether the
Council would want to put an issue on the ballot pertaining to a tax increase
for any reason.
City Secretary Read noted that the polling places in Flour Bluff are
located in school or public buildings and suggested that perhaps the Volunteer
Fire Department could set up a separate polling place at the same location.
Mr. Jack Gordy, 5802 Everhart, informed the Council that he had been
reviewing the travel reports for the Council and the City Secretary and was
surprised at some of the expenditures made by the Council Members and the
City Secretary in regard to travel by their wives. He mentioned several
expenditures in particular and also expressed the opinion that the records in
the City Secretary's Office were difficult to understand.
Mr. Gene Tackett, 218 Wagon Wheel, addressed the Council on behalf of
the Homebuilders' Association and informed them that that association had
passed a resolution endorsing the location of the new City Hall building at its
present site. He stated that a copy of the resolution will be sent to them in
the mail. Mr. Tackett stated that he resented the implication that this Council
has not acted in good faith in regard to the location of City Hall. He then
referred to the election that was conducted on December 5, 1970, at which time,
a proposed governmental complex which was to include the City, County and
Corpus Christi Independent School District Offices which was defeated by almost
a 2-1 margin. He informed the Council that the fact sheet pertaining to this
election shows that the location was to be bounded by the same streets as the
site proposed by a number of people for a new City Hall. He stated that he
felt it was unfair for the various organizations to continue to urge that the City
Hall be constructed at that particular location since the decision to locate the
governmental complexes in one area had been defeated by the voters more than
ten years ago. He reminded the Council that following with that election,
Corpus Christi Independent School District purchased a location for their new
office and the Nueces County Commissioners' Court had constructed a new $14
million courthouse. Mr. Tackett continued by stating that he thought it would
be very difficult to fund a project in the uptown location for the same amount
of money that is proposed by the Public/Private Venture. He noted that the
issue in 1970 was for $3 million but he felt that it would be very difficult to a
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Regular Council Meeting
March 23, 1983
Page 18
have a bond issue passed for the funding of a new City Hall and the purchase
of land. He stated that he felt that the site on the hill has some hidden costs
and there is already a tremendous parking problem in that area. He stated
that he felt that locating the new City Hall and the library, in addition to the
County Courthouse, would be a mistake because there is inadequate vehicular
access to the uptown location. He also pointed out that when people visit
Corpus Christi, they are usually taken down Ocean Drive and Shoreline to the
center of the City so that they can view the beautiful bayfront. He expressed
the opinion that a lovely City Hall building would be a great asset in this
vicinity because it could be very impressive and symbolic at this location. He
stated that developers all have to go to City Hall on business and this includes
out-of-town people who would be very impressed with the City Hall located in
this vicinity. Mr. Tackett noted that the same voices that have expressed
opposition to the location of City Hall on Shoreline have also opposed the
Convention Center, the Bayfront Plan, and they would probably be opposed to
the Land Mass. He stated that having an empty area along Shoreline is not
very logical and he felt that things should be happening on the bayfront to
make it a "people's center". He urged that the City move forward as soon as
possible to begin construction on a new City Hall at the present location.
Mayor Jones explained to Mr. Tackett that a referendum had already been
called for the people to decide on the location of the new City Hall.
Mr. Tackett stated that he realized that the Homebuilders' Association were
a little late in addressing the Council, but it was their understanding that the
matter had already been settled some time ago.
Mr. Joe Morin addressed the Council in regard to reciprocity in electrical
master licenses. He expressed concern about this because a number of people
from out of the City are coming in under this arrangement.
Mayor Jones informed Mr. Morin that the Electrical Advisory Board is
studying the reciprocity agreement at this time, and Mr. Morin stated that he
felt that it was up to the City Council to pass an ordinance in regard to this.
City Manager Martin stated that if there is an enforcement problem, he had
not been so informed.
Mayor Jones stated that he would like to wait to hear from the Electrical
Advisory Board before the Council considers changing anything and suggested
that if Mr. Morin does not feel that the Board is moving forward promptly
enough, that he should address those areas with the Board.
Mrs. Henrietta Newberry expressed her appreciation for the employment of
Mr. Martinez, who is working with the handicapped in their recreation program.
Mr. Gene Tackett addressed the Council, speaking as a Member of the
Electrical Advisory Board. He stated that during the month of January, some
contractors came to the Board about some illegal activities of several electrical
contractors and that Board had set an open Workshop Hearing to allow everyone
to present facts about reciprocal agreements.
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Regular Council Meeting
March 23, 1983
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A motion was made by Mayor Pro Tem Turner that the Council convene in
closed session under the authority of Article 6252-17 of the Open Meetings Law
to discuss personnel matters; seconded by Council Member Kennedy; and passed
unanimously at 5:05 p.m.
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Mayor Jones reconvened the Regular Council Meeting at 5:42 p.m.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Kennedy and passed
unanimously, the Regular Council Meeting was adjourned at 5:43 p.m., March
23, 1983.