HomeMy WebLinkAboutMinutes City Council - 05/04/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 4, 1983
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
City Manager Edward Martin
City Attorney Bruce Aycock
City Secretary Bill G. Read
Ass't. City Secretary Dorothy Zahn
Mayor Luther Jones called the meeting to order in the
City Hall.
Council Chamber of
The invocation was given by Mayor Celestino A. Zambrano of Gregory,
Texas, following which the Pledge of Allegiance to the Flag of the United States
was led by Council Member Cliff Zarsky.
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 commented on the fact that the City of Corpus Christi had
three women appointed to the Governor's Commission for Women and introduced
the following appointees who were present: Mayor Pro Tem Betty Turner, Ms.
Linda Dorsey, and Ms. Rosita Gutierrez. He explained that Governor Mark
White had appointed twenty-nine women in the State and he thought it was
quite an honor that three of those were from the City of Corpus Christi.
Mayor Pro Tem Turner expressed the opinion that this speaks well of the
Governor that he has taken this step and indicated that she felt very fortunate
to serve on this Commission.
Mayor Jones then informed the Council that the City Council Meeting will
be televised for the last time and introduced the various students from Corpus
Christi State University who have been staging the television show.
* * * * * * * * * * * *
MICROFILMED
SEP 1 91984
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Mayor Jones noted the presence in the audience of Mayor Zambrano of
Gregory and the City Manager of Portland and suggested that items pertaining
to the extraterritorial jurisdiction be considered at this time.
City Manager Edward Martin stated that the items pertaining to this are 26
and 29. He then explained that the cession request came from Portland; the
Staff had no problems with it; the City of Gregory indicated their interest in a
portion of that property; the ordinance granting the cession agreements was
read two times and the third reading was delayed until the officials of Portland
and Gregory worked out the matter; and the City now proposes to amend the
ordinance prior to third reading to reduce the area to be included in the
agreement with Portland and at a later date, some of this land can be included
in a cession agreement with Gregory.
26. Amend, prior to third reading, the ordinance authorizing a cession
agreement between the City of Portland and the City of Corpus Christi
ceding a parcel of land lying within the extra -territorial jurisdiction of the
City of Corpus Christi located east of Highway 181 and within one mile of
the present City limits of Portland to reduce the area being ceded to
Portland.
A motion was made by Mayor Fro Tem Turner that the foregoing
amendment be approved, seconded by Council Member Zarsky and passed by the
following vote: Jones, Turner, Gulley and Zarsky voting, "Aye"; Dumphy,
Hawkins and Kennedy, "absent at the time the vote was taken".
City Secretary Read polled the Council for their votes on the third reading
ordinance and the following ordinance was passed:
29, THIRD READING - ORDINANCE NO. 17589:
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO
THE CITY OF PORTLAND OF ALL ANNEXATION RIGHTS AND POLICE
POWERS OVER AND IN CERTAIN TRACTS OF LAND, BY MUTUAL
AGREEMENT, MARKED EXHIBIT "A"; PROVIDING FOR PUBLICATION;
PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Gulley and Zarsky voting, "Aye";
Dumphy, Hawkins and Kennedy, "absent at the time the vote was taken".
* * * * * * * * * * * *
Mayor Jones called for Board and Committee Appointments and reviewed
those that were discussed during the morning Workshop Meeting.
A motion was made by Mayor Pro Tem Turner that the following
appointments be confirmed; seconded by Council Member Zarsky; and passed by
the following vote: Jones, Turner, Gulley and Zarsky voting, "Aye"; Dumphy,
Hawkins and Kennedy, "absent at the time the vote was taken".
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a. Housing Authority: (Mayor's Appointments) Term to Expire:
Mrs. Nancy W. Stevens 4-04-85
Dr. Maria Luis Garza (Reappointment 4-04-85
b. Transportation Advisory Board:
Mr. Barney Blount (Reappointment) 4-30-86
Mr. Leonard J. McEnnis, Jr. (Reappointment) 4-30-86
Mr. A. J. Sandoval, III 4-30-86
c. Sister City Committee:
H. C. Tijerina (Reappointment)
Mr. James Pierce (Reappointment)
Mr. Farrell Smith (Reappointment)
Ms. June McKinley (Reappointment)
Rev. Bob Hughes
Mr. Emery Janice
Dr. R. S. Long
d. Community Action Agency:
Mr. Lamont Taylor
e. Private Industry Council:
Private Sector:
5-01-86
5-01-86
5-01-86
5-01-86
5-01-86
5-01-86
5-01-86
Isacc Barrera 6-30-84
Eddie Garcia 6-30-85
Al McRae 6-30-85
Dean Sanders 6-30-85
Larry Tucker 6-30-84
Edward Sample 6-30-84
Education:
Roel Carmona
Rehabilitation:
C. Carter Luckie
Economic Development:
Romeo Garcia
Public Employment Service:
Alien Itz
6-30-85
6-30-84
6-30-85
6-30-84
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Community Based Organization:
Welder Brown 6-30-85
(Please note that all appointments to the Private Industry Council are to
be tentatively confirmed today.)
* * * * * * * * * * * *
Mayor Jones called for Actions of the Council from the Workshop Session
on the following item:
1. The City Manager be authorized to submit comments to and request for
revision of the Governor's proposal for designation of Service Delivery
Areas under the Job Training Partnership Act to reflect the City's desire
to designate the City of Corpus Christi and the balance of Nueces County
as a Service Delivery Area and that should the Governor deny such
request that the city, by virtue of its population over 200,000 be
designated as the Service Delivery Area by the Governor.
2. The timetable for consideration of the 1982-84 Budget be approved
including the setting of a public hearing on the budget on July 13, 1983.
A motion was made by Council Member Gulley that the foregoing items be
confirmed; seconded by Mayor Pro Tem Turner; and passed by the following
vote: Jones, Turner, Gulley and Zarsky voting, "Aye"; Dumphy, Hawkins and
Kennedy, absent at the time the vote was taken.
* * * * * * * * * * * *
Mayor Jones called for Consideration of the following Motions from the
Consent Agenda:
1. Bids be received May 24, 1983 for one 38.8 -ton electric condenser
air-conditioning unit for Parkdale Branch Library. The unit will replace
one 20 -ton unit and one 15 -ton unit, which are twenty-one years old and
have high maintenance costs associated with them. Funds of $15,000 are
available for purchase and installation of the new unit from the 1982-83
Revenue Sharing Budget.
2. Bids be received May 31, 1983 for a twelve months supply agreement for
approximately 1410 94 -Ib. bags of portland type I cement for use in
building of manholes, curbs and gutters and sidewalk repairs.
3. Bids be received May 31, 1983 for twelve months supply agreement for
approximately 10,885 - 80 Ib. bags of normal strength concrete mix to be
used by various City operations.
4. Bids be received May 31, 1983 for a twelve months supply agreement for
approximately 1059, 175 cubic feet to 10,000 cubic feet gas meters and
2,815 5/8" to 2" water meters.
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5. Plans and specifications be approved for the new Barge Dock Ramp at the
intersection of Hughes Street and Shoreline Boulevard along the east side
of the Convention Center, and bids be received on June 1, 1983.
Mayor Pro Tem Turner inquired if the design plan had been changed.
Assistant City Manager James K. Lontos explained the change of location
indicating that the design is still in compliance with the original plan.
* Council Member Jack Dumphy arrived at the meeting at 2:28 p.m.
6. Bids be received June 3, 1983 for Administrative Services Only Group
Health and Life Coverage. The specifications provide for the City to
continue to self fund the group health. New program is to begin August
1, 1983.
7. Twelve months supply agreement for wiping rags for general cleaning be
approved based on best low bid to South Texas Linen, Corpus Christi, for
$12,000. Four bid invitations were issued and three bids were received.
Prices have decreased approximately 17% from the price paid on an as
needed basis.
8. Twelve months supply agreements for swimming pool chemicals be approved
as follows:
Dixie Petro -Chem
Corpus Christi, Texas
325 Cylinders of Chlorine
Thompson -Hayward Chemicals
Corpus Christi, Texas
6480 Lb. Muratic Acid
4000 Lb. Bicarbonate of Soda
20800 Lb. Caustic Soda
20000 Lb. Soda Ash
800 Lb. Calcium Hypochloride
$ 9,587.50
421.20
1,016.00
2,256.80
2,150.00
944.00
$ 6,788.00
GRAND TOTAL $16,375.50
Recommendation to Dixie Petro -Chem is based on low bid: Recommendation
to Thompson -Hayward is based on low firm bid except for Bicarbonate of
Soda. THe bid for this item from McKesson is low by $4, which does not
warrant a separate contract. Van Waters & Rogers is low bid on Items 4,
5 and 6 by a small margin, however, their price is firm for only 90 days,
then is subject to price adjustment. Bids were received from five firms.
Prices have not changed significantly since the last contract.
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9. Replacement fire hose and accessory valves and adapters be purchased as
follows:
Corpus Christi Rubber & Specialty
Corpus Christi, Texas
Item 1 - 2000' of 1" rubber hose
Snap-Tite Hose, Inc.
Cunningham, Texas
Item 2 - 5200' of 1 3/4" hose
Item 3 - 13500' of 3" hose
Item 4 - 2000' of 5" hose (100' sections)
Item 5 - 100' of 5" hose ( 50' sections)
Item 6 - 50' of 5" hose ( 25' sections)
Items 7-15 19 ea. Various valves & adapters
SUBTOTAL:
GRAND TOTAL:
$ 2,140.00
13,624.00
49,545.00
13,300.00
782.00
530.00
7,112.00
84,893.00
$87,033.00
Item 1 is based on low bid; Items 2-6 are based on low bid meeting
specifications. The low bid does not meet the potable water lining and
coupling requirements. Items 7-15 are based on best bid. The low bid
from Halprin Supply for accessory valves and adapters requires purchase
of additional special tools for repair and separate stock of parts which
would offset the $81.00 difference in total price. Four bids were received.
Price comparison shows an increase of 7% since the last purchase in July,
1982. The hose is included in the 1982-83 Budget.
10. Color video training equipment for the Fire Department be purchased from
Video Systems, Inc., Corpus Christi, on the basis of low bid of $5,275.50.
Five bid invitations were issued and two bids were received. The
equipment, which includes a camera, player/recorder, television receiver
and portable videocassette recorder, is included in the 1982-83 Budget.
*11. One wheel loader for the Street Division be purchased from Cooper
Equipment, San Antonio, on the basis of low bid meeting specifications of
$65,831.08. Price has increased 11% since the last purchase of similar
equipment in July, 1980. The low bids of $62,208 by Nueces Ford
Tractor, $63,670 by Conley -Lott Nichols and $65,404.57 by Gulfside, Inc.
did not meet specifications. Eight bids were received. The loader is
included in the 1982-83 Budget and will replace a 1969 model.
Council Member Zarsky stated that he had been provided information from
a representative of Gulfside, Inc. , one of the bidders on this item. He stated
that after examining the bid tabulations and comparing the bid price between
the American-made John Deere equipment and the Japanese -made equipment, it
* This item was withdrawn -- See page 8
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appeared to him that the John Deere equipment is superior with one exception -
the counter balance weight - and since the John Deere bid is lower in every
respect, he felt that possibly, the bid should be awarded to that company. He
pointed out that the recommended bid award is from a San Antonio company and
the product is not American-made. He asked for an explanation of the
recommendation for award to Cooper Equipment.
City Manager Martin pointed out that the John Deere Company
manufactures a large number of its parts outside the United States; and there
is only one reason for this recommendation -- they are the lowest bidder
meeting specifications.
Mayor Jones referred to the communication presented to Mr. Zarsky and
asked that it be provided the Staff for their study. He also expressed the
opinion that all of the Council Members should have been provided with copies
of this explanation and request from Gulfside, Inc.
Mayor Pro Tem Turner referred to the weight differential with this machine
and asked if it actually affects the performance of the equipment.
Mr. Martin stated that the Staff needs to determine how much effect the
weight differential would have on performance. He reiterated that the only
reason the Staff recommended award to Cooper Equipment was because it was
the lowest bid meeting specifications.
Mr. Richard Mitchell, Superintendent of the Street Division, explained the
procedure followed to determine the proper weight.
Mr. Martin pointed out that if the City changes the specifications, the
lowest bidder was the Ford Company.
Council Member Gulley pointed out that the City traditionally and legally
can award a contract to the bidder that is most advantageous to the City and is
not obligated to award the bid to the lowest bidder. He stated that he did
question, however, the quality of service since this company is located in San
Antonio and there are local companies here that would provide service.
Mr. Mitchell explained that the Street Division has other equipment
purchased from this company and there has never been a problem in obtaining
service.
City Manager Martin reiterated that the award is recommended to the
fourth lowest bidder because the others did not meet specifications and he
elaborated or the difference.
Mr. Jim Fielder, representing Gulfside, Incorporated, apolcaized to the
Council for not getting copies of his letter to all of therm. He expressed the
opinion that their motor exceeds in lift capacity that which is recommended for
award. He explained how he arrived at the operating weight for the machine
bid by his company.
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** Council Member Charles Kennedy arrived at the meeting at 2:50 p.m.
Mr. Fielder continued by stating that his bid included a warranty for
parts and labor; he stated that he knew that his weight was less than the
specifications mentioned; but assured the Council that his machine is superior.
He stated that he was told by three of the City department heads that his bid
would be acceptable and he understands that the Purchasing Department
recommended the purchase of the John Deere equipment.
Mr. Martin stated that he would like to know the names of the three
department heads who informed him that his bid was acceptable and he could
only again state that the other bid was the only bid that met specifications. He
pointed out that if specifications are changed after bids are received, this type
of situation would happen every time an item was bid.
Council Member Dumphy pointed out that the specifications clearly indicate
that they should be adhered to and every bidder ordinarily understands this.
A motion was made by Council Member Gulley that this item be withdrawn
for one week, seconded by Mayor Pro Tem Turner and passed unanimously.
12. A contract be approved for the removal of old equipment and installation of
new heating and air conditioning equipment at Art Community Center with
Wilson Service Company, Corpus Christi, on the basis of low bid of
$5,170. Eleven bid invitations were issued and five bids were received.
This project is included in the 1982-83 Budget. The existing equipment is
in poor condition.
13. A modular aluminum play system be purchased from Persennair Park &
Playground Products, Houston, Texas in the amount of $8,225.00 on the
basis of low bid. The system will be placed in Los Encinos Park as part
of the continued development of the park under the 6th Year Community
Development Block Grant. Two bids were received.
14. Approving the purchase of 75 palms for the Park Division based on low bid
from Curries Inc., Corpus Christi, Texas of $9,496.00. The trees will be
planted in Swantner Park and on Corpus Christi Beach. Two bids were
received.
15. Bids received December 15, 1982, for air conditioning the Airport
Concourse be rejected due to a shortage in the Airport Fund Reserve
caused by decreased revenues.
Council Member Gulley inquired as to why this bid was not recommended
for award, and City Manager Martin stated that the City has no money for it.
He reminded the Council that the Staff began a very aggressive campaign to get
a number of things accomplished that the Council requested and also, there was
lesser revenue in the Airport Fund because of Braniff International closing.
Mr. Lontos pointed out that there has also been the necessity for runway
repairs that were not anticipated when the budget was prepared.
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City Manager Martin agreed that there are a large number of items that
are needed but there is simply no money.
Assistant City Manager Lontos elaborated by informing the Council that the
contractor gave the City a 90 -day extension on his bid but there is still no
money for this project. He noted that the revenues decreased so much that it
is just not possible to complete all of the projects at the airport.
Mayor Pro Tern Turner pointed out that if this is rejected today and the
City has to wait for another bond issue, she felt that the expense would be
increased tremendously. She stated that she was of the opinion that it was
absolutely paramount that the items on the airport list be completed. She
pointed out that the concourse has been partially enclosed which makes the
temperature almost intolerable. She referred to the budget and stated that
there are a number of funds included that seem to be available for this
purpose. She referred to Fund No. 117 and stated that evidently there is a
surplus in that fund and then referred to the possibility of revenue sharing or
the Tourist and Convention Fund as a source of funds so that this bid can be
awarded.
City Manager Martin pointed out that the report she was referring to was
dated February 28, 1983 and other items have been purchased since that time.
Mayor Jones explained that the City Manager is indicating that the City
cannot fund this project without jeopardizing the City's financial situation. He
agreed, however, that it is difficult to reject this bid.
Mayor Pro Tem Turner referred to her report card that she had prepared
on conditions at the airport. She stated that she would like to have a project
report and a timetable for completing them and that it include a priority list of
improvements at the airport. Mrs. Turner stated that this air conditioning
project is number one on the priority list.
Mr. Martin agreed that it is still number one but the emergency runway
problem occurred and that is absolutely necessary.
Mr. Lontos reminded the Council that their plans were to completely
enclose the concourse and air condition it, and as funds become available, this
project could go forward but this item is just to release the bidder since he has
already extended his bid for 90 days.
City Manager Martin agreed that it is possible that there may be some
funds in the hotel -motel tax fund.
16. A public hearing be held May 25, 1983, relative to the closure request of a
25 -foot wide by 335 -foot Iona dedicated but unopened strip of Gollihar
Road right-of-way immediately west of Greenwood Drive. The City
recommends closing this portion of right-of-way and retaining a 25 -foot
utility easement within the area requested to be closed.
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Mr. Lontos located the Greenwood Park Complex and explained that the
Staff sees no reason to retain that right-of-way for a street extension and
therefore agree with the closing request.
Council Member Hawkins expressed the opinion that there is a need to
retain that strip for access to the park, and Mr. Lontos pointed out the access
to the property on the other side of the park. He pointed out that this item is
just to set a date for the public hearing and more information could be available
at that time.
Council Member Hawkins stated that he is opposed to this street closing
and there is no provision for any compensation.
He then inquired about the location of the public hearing, and Mr. Lontos
etated that they recommend that it be conducted in the Council Chamber.
17. The City Manager or his designee be authorized to execute a grant
application and all related documents for operation of the South Texas
Library System from September 1, 1983 to August 31, 1984. The grant
application of $614,329 will provide reference, media, public relations,
consulting and video services to system -member public libraries in the
26 -county region. La Retama Library serves as the Major Resource Center
for this program administered by the Texas State Library. The grant
included $59,336 in in -direct cost recovery funds and a $22,908
reimbursement to the City for rent and related expenses on the Library
Annex on Chaparral Street.
Mayor Jones asked for a comparison of the amount of money that the City
spends on the library, and Assistant City Manager Tom Utter replied the
library budget is about $1.5 million.
Mayor Jones called for comments from the audience on items 1 through 17.
Mr. John Stensland informed the Council that apparently there has been a
settling in the barge dock and suggested that this be examined before anything
is added to it. He reminded them that Mr. Jim Naismith indicated that there
are problems in that area.
A motion was made by Mayor Pro Tem Turner that the Consent Motions,
items 1 through 17, with the exception of item 11 which was withdrawn, be
approved; seconded by Council Member Zarsky; and passed by the following
vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye" on
all of the items; Hawkins voting "Aye" on all of the items with the exception of
item 16 on which he voted "No".
* * * * * * * * * * * *
Mayor Jones called for Consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 18 through 24a.
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Mayor Jones referred to item 23 which is the third reading prohibiting
surfing within 100' of Bob Hall Pier and stated that he had met at the pier with
Commissioner J. P. Luby where they watched the surfers in action. He noted
that 100' is the distance in the proposed ordinance; Galveston has 100' in their
ordinance in a similar pier situation; but some people think that the distance
should be greater. He stated that it is his opinion that the 100' is reasonable.
He stated that during the first two readings of this ordinance he had
ascertained that the surfers who have appeared have been very responsible
citizens and have made their points very well.
Mayor Jones conducted an informal poll of the Council Members and
determined that none of them had changed their minds about this particular
ordinance but invited people to speak on it if they desired. He then called for
comments from the audience op the Consent Ordinances.
Mr. Henry Kosling referred to item 19 and stated that he is the owner of
the property in this item and he objected to the City's requirement that his
property be replatted if this utility easement is closed. He mentioned the
possibility of an alternate to the replatting of the area affected stating that he
would be glad to file a copy of the map with the County Courthouse so that
there will be no question that the easement is closed. He objected to having
his property replatted because it would cost $325 plus engineering fees. He
assured the Council that he would not sell the lots and there was no reason to
have all of the property replatted.
Mr. Lontos asked Mr. Kosling how many lots he owns, and Mr. Kosling
replied that he owns lots 12, 13, 14, 15 and 16 and lots 3, 4, and 5 in Block
17.
Mr. Lontos explained that the closing of utility easements and streets is
sometimes more complex than it appears to be. He explained that about one
year ago, the Staff encountered problems in closing utility easements and at
that time, the Council adopted a policy that once a request is made to abandon
any public right-of-way, the applicant would have to replat so that it would be
recorded at the County Courthouse and everyone interested would be aware of
the change. He informed the Council that the Staff has discussed this with Mr.
Kosling, noting that it is a Council policy and he felt that it was a very good
policy. He pointed out that Mr. Kosling owns lots in the middle of the blocks
and they could certainly be resold.
Mr. Kosling again stated that it is not probable that he would sell the lots
and he objected to the requirements for replatting, stating that he would record
the maps.
Council Member Dumphy explained that this ordinance was passed to
eliminate problems that had been encountered in the past. He suggested that if
Mr. Kosling has a better idea, the Staff might wish to study it though.
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Assistant City Manager Lontos noted that a number of these lots are
undeveloped; it is likely that sewer lines will be extended to the lots very
soon; and he felt that platting keeps all of the records straight and prevents
problems in the future.
Council Member Kennedy asked for Mr. Lontos' opinion about the
suggestion Mr. Kosling had made that he could have his maps recorded at the
Courthouse.
Mr. Lontos expressed the opinion that this is illegal because the platting
process answers a large number of questions. He stated that if it is legal to
just record a map at the Courthouse, the questions pertaining to utilities,
drainage, etc. would never be resolved.
Council Member Dumphy stated that if this is a logical alternative, perhaps
it could be investigated.
He suggested that this be studied by the Staff and the Planning
Commission.
A motion was made by Council Member Dumphy to table item 19, seconded
by Mayor Pro Tem Turner, and passed unanimously.
Several citizens then spoke in regard to item 23 which is the ordinance
prohibiting swimming, surfing, etc. within 100' of Bob Hall Pier.
Mr. Kevin Tansey, representing the National Surfing Association and
several other national surfing associations, stated that they are the only
amateur and professional associations in favor of surfing at Bob Hall Pier. He
stated that if this is not possible, he would like to have surfing contests
allowed to occur there on certain days.
Mayor Jones stated that he understood that Commissioner Luby was in
favor of closing Bob Hall Pier to fishermen for special surfing events, and Mr.
Tansey agreed that that was his understanding also.
Mr. Perry Kirksmith expressed appreciation to the Council for working
with them. He urged that the Council help in getting a structure to create
wave action for surfers.
Mr. Maldonado stated that he was of the opinion that fishing and surfing
could occur at the same facility because fishermen do not fish in rough surf
and this is the ideal time for the surfers. He explained that the two sports are
compatible in Florida where he formerly resided and there is no interference
between fishermen and surfers. He stated that surfers would be willing to pay
for use of the pier and they could at the same time sign a release of any
liabilities against the City.
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Mr. George Ponder, 4701 Waldron Road, asked about the difference in the
surf between 100' and 300' at Bob Hall Pier. He expressed the opinion that
fishermen and surfers cannot share the same water, particularly with only a
100' prohibition. He expressed the opinion that this would be a very dangerous
situation because most fishermen cast at least 100' and a surfer could be
injured.
Mr. Norman Howard stated that there is a potential hazard from fishermen
casting. He demonstrated the excessive length of a fishing rod used in the
surf and stated that almost anyone could cast over 250'. He spoke in
opposition to the 100' designation and urged that because of the danger that
the prohibition be for a great deal more distance. He expressed the opinion
that there will be conflict between the surfers and the fishermen and he had
witnessed a deliberate effort on the part of fishermen to cast in the area where
surfers are located.
Council Member Hawkins expressed the opinion that most fishermen with
such large fishing rigs would be accurate enough to cast exactly where they
wanted to and if there is a deliberate attack by fishermen against a surfer, an
ordinance prohibiting this should also be passed.
Mr. Frank Floyd agreed with Mr. Hawkins that fishermen casting and
hurting a surfer would probably be a deliberate attack and would be illegal
action. He also expressed appreciation for the Council's concern about this
matter and responded to Mr. Ponder's question about the wave action between
100' and 300'.
Mr. Mark Delaney expressed appreciation to the Mayor for going out to the
Bob Hall Pier to evaluate the situation and for the Council's concern about this
issue.
Mr. A. J. Sandoval, III suggested that buoys be installed to indicate the
100' mark. He suggested that all efforts should be extended to encourage the
development of the surfing park that has been proposed by Commissioner Luby.
No one else spoke in regard to this ordinance.
Council Member Zarsky stated that he still felt that 300' would be
preferable for the prohibition because of the possibility of danger to surfers.
Mr. Zarsky indicated his concurrence with the recommendation that certain days
be used exclusively for the surfers to conduct contests.
There were no further comments on the ordinances; City Secretary Read
polled the Council for their votes and the following were passed:
18. AUTHORIZING THE PURCHASE OF A 1,500 GPM PUMPER FROM S & L
SEAGRAVES; APPROPRIATING $134,283 FROM THE NO. 260 FIRE
DEPARTMENT EUILCING BOND FUND, PROJECT NO. 260-82-2, FIVE
POINTS FIRE STATION; AND DECLARING AN EMERGENCY.
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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. Withdrawn - See page 12.
20. RESOLUTION NO. 17584:
CONFIRMING THE APPOINTMENT OF DOROTHY ZAHN TO THE POSITION
OF ASSISTANT CITY SECRETARY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution passed by
the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy
and Zarsky voting, "Aye".
21. FIRST READING:
APPROPRIATING $29,653 FOR THE PURCHASE OF BOOKS FOR THE
NORTHWEST LIBRARY.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Dumphy, Gulley,
Hawkins, Kennedy and Zarsky voting, "Aye".
22. SECOND READING:
CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE
BOULEVARD, SOUTHBOUND DIRECTION OF TRAVEL FROM 8:00 A.M.,
MONDAY, JULY 11, 1983, THROUGH NOON TUESDAY, JULY 19, 1983;
AND CLOSING THE 1200 THROUGH 1500 BLOCKS OF NORTH SHORELINE
BOULEVARD, NORTHBOUND DIRECTIONS OF TRAVEL FROM 6:00 P.M.,
FRIDAY JULY 15, 1983, THROUGH MIDNIGHT SUNDAY, JULY 17, 1983;
PERMITTING THE MEXICAN UNITY COUNCIL THE USE OF STREETS,
SIDEWALKS, MEDIANS AND SEAWALL TO HOST A FERIA HISPANICA
FESTIVAL ON JULY 15, 16, AND 17, 1983; AUTHORIZING EXECUTION OF
ATTACHED APPLICATION/PERMIT; PROVIDING AN EFFECTIVE DATE FOR
PUBLICATION; AND PROVIDING FOR SEVERANCE.
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".
23. THIRD READING - ORDINANCE NO. 17585:
PROVIDING FOR PROHIBITION OF SWIMMING, USE OF SURFBOARDS,
BOATS, MOTORBOATS, AND VESSELS ALONG SIDE OF BOB HALL PIER;
PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Dumphy, Hawkins and Kennedy voting,
"Aye"; Gulley and Zarsky voting, "No".
24. THIRD READING - ORDINANCE NO. 17586:
AMENDING THE CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION
BY ADDING A NEW SECTION 2-39 ESTABLISHING GUIDELINES FOR USE
BY THE PUBLIC OF THE COUNCIL CHAMBERS AND ADJOINING
COMMITTEE ROOM.
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".
24a. RESOLUTION NO. 17587:
CALLING FOR THE IMMEDIATE PASSAGE OF HOUSE BILL 1200 TO ALLOW
CORPUS CHRISTI TO MAKE APPLICATION FOR A FOREIGN TRADE ZONE.
The Charter Rule was suspended and the foregoing resolution passed by
the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy
and Zarsky voting, "Aye".
* * * * * * * * * * *
*
Mayor Jones called for the Consideration of Actions from the Regular
Agenda.
25. Authorizing the City Manager or his designee to apply for financial
assistance and execute all documents related to the assistance from the
United States Department of the Interior Urban Park and Recreation
Recovery (UPARR) program for rehabilitation grants to extensively
renovate the South Seas Community Recreation Center, H.E.B. Pool,
Meadow Park Pool, and Greenwood Softball Complex, utilizing funds
recently made available by passage of the Federal Jobs Bill.
City Manager Martin explained that this is a source of funding under the
new jobs prcgram and these are the only facilities that would qualify since it is
for renovation of parks.
Council Member Hawkins inquired as to why Hillcrest Park was not
included for these funds.
Mr. Utter stated that Hillcrest Park was already included in the list for
improvements.
Council Member Hawkins then inquired about restroom facilities for such a
large park as Hillcrest.
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Mr. Utter explained that the UPARR Program is designated to be for
reconstruction of existing facilities only.
Mayor Jones and Mayor Pro Tern Turner suggested that portable restrooms
should be considered for Hillcrest Park.
A motion was made by Mayor Pro Tem Turner that item 25 be approved,
seconded by Council Member Zarsky and passed unanimously.
26. Amend, prior to third reading, the ordinance authorizing a cession
agreement between the City of Portland and the City of Corpus Christi
ceding a parcel of land lying within the extra -territorial jurisdiction of the
City of Corpus Christi located east of Highway 181 and within one mile of
the present City limits of Portland to reduce the area being ceded to
Portland.
This item was previously acted upon.
27. Consideration of pending state legislation.
Deputy City Manager Ernest Briones informed the Council that the bill that
establishes Jail Standards for Cities has gone to Committee and explained that
basically it just makes it mandatory that City jails have the same requirements
as County jails. He pointed out that the City has no long-time inmates, and if
this bill is passed, there will be a great deal of expense to the City.
Council Member Gulley noted that Dallas, Houston and Lubbock recently
passed ordinances that allows them to regulate signs. He noted that the sign
companies have a bill that has already passed in the Senate that indicates that
existing signs that are not in compliance with the new ordinances and become
illegal would require that the City would be responsible for payment of cost of
the sign removal and for compensation for the loss of the sign to the owner.
He stated that if this bill is approved, it would be difficult for this City to
pass a sign ordinance.
City Manager Martin explained that the bill only affects the retroactivity of
the existing sign.
Council Member Gulley expressed the opinion that OPUS should be
concerned about this item also.
City Manager Martin stated that Texas Municipal League and those cities
involved are opposing the bill very strenuously.
Council Member Gulley referred to the bill that would require that minutes
and a recording be made of closed meetings and asked about the effect on the
City in this case.
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Mr. John Bell, Assistant City Attorney, stated that the bill would require
that a record of the closed meeting be made but it does not have to be made
public.
City Attorney Aycock stated that this is to allow a judge in a court case
to examine the meetings to be sure there had been no illegal actions during the
closed meetings but it would not actually become public.
Mayor Pro Tem Turner asked about the status of the bill that would make
it a local option to establish the hotel -motel tax, and Mr. Briones explained that
local municipalities could increase this tax up to 3¢.
* * * * * * * * * * *
Mayor Jones called for Action by Ordinance from the Regular Agenda on
item 28.
There were no comments from the Council or the audience on this matter.
City Secretary Read polled the Council for their votes and the following
ordinance was approved:
28. ORDINANCE NO. 17588:
AUTHORIZING THE EXECUTION OF AN ESCROW AGREEMENT WITH THE
STATE OF TEXAS CONCERNING THE CONSTRUCTION OF STORM SEWER
WORK IN THE AREA OF F.M. ROAD AND U. S. HIGHWAY 77;
APPROPRIATING $839,100 FOR THE CITY'S SHARE OF CONSTRUCTION
COSTS; 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".
29. THIRD READING - ORDINANCE NO. 17589:
PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO
THE CITY OF PORTLAND.
This ordinance was previously acted upon.
* * * * * * * * * * * *
Mayor Jones announced the public hearing on the following matter:
30. Amendment to the Master Transportation Plan to reduce the ultimate width
of Baldwin Boulevard from Leopard to Agnes Street from a G Type Section
which includes three moving lanes in each direction and a concrete median
(100' wide) to an E Type Section with two moving lanes in each direction
and a continuous left turn lane 62' wide. This section of Baldwin will be
constructed by the State Department of Highways and Public
Transportation under the Urban Systems Program.
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Assistant City Manager Lontos explained that the Staff recommends that
Baldwin Boulevard be changed from 100' to 62' wide. He stated that this is an
industrial type of use and it does not require the six lanes included in the
Master Transportation Plan.
No one spoke in regard to this matter.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the foregoing
amendments be approved, seconded by Council Member Kennedy and passed
unanimously.
* * * * * * * * * * * *
Mayor Jones announced the public hearings on two zoning applications.
31. Application No. 383-14, Candystick - South Fork: for a change of zoning
from "R -1B" One -family Dwelling District and "R-2" Multiple Dwelling
District to "8-4" General Business District on a 10.8± acre tract being
part of Lot 15, Section 26, Flour Bluff and Encinal Farm and Garden
Tracts, and all of Lot 1, Block 2, South Fork Subdivision, located on the
east side of Redd Field Road, approximately 525' north of County Road 26A
Assistant City Manager Tom Utter informed the Council that of the five
notices of the public hearing that were mailed, one in favor and none in
opposition had been returned. He stated that the Planning Commission
recommends approval but the Planning Staff recommends denial but with the
recommendation that a portion of the "R -1B" property be changed to "B-4"; a
portion to "B-1" and a portion to "AB".
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 has agreed to the Staff's
recommendation.
Council Member Dumphy indicated his concurrence with the Staff's
recommendation also.
Mayor Jones ascertained that no one wished to speak in regard to this
zoning application.
A motion was mace by made by Mayor Pro Tem Turner that the hearing be
closed, seconded by Council Member Dumphy and passed unanimously.
A motion was made by Council Member Zarsky that the zoning as
recommended by the Staff be approved, seconded by Mayor Pro Tem Turner
and passed unanimously.
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City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
31. ORDINANCE NO. 17590:
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CANDY
STICK - SOUTH FORK BY CHANGING THE ZONING MAP IN REFERENCE
TO THREE TRACTS OUT OF LOT 15, SECTION 26, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS, AND LOT 1, BLOCK 2, SOUTH
FORK SUBDIVISION, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT
AND "R-2" MULTIPLE DWELLING DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT ON TRACT 1, "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON
TRACT 2, AND "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT 3;
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".
* * * * * * * * * * * *
32. Application No. 383-15, Mr. Tommy Rack: for a change of zoning from
"R-1 B r One -family Dwelling District to "T-1 B" Mobile Home Park District,
being 9.5± acres out of Lots 61 and 62, Nueces Gardens No. 2, located on
the east side of Stariite Lane, approximately 325' south of Kingwood Drive.
Council Member Gulley stated that he will abstain from discussion or voting
on this case since it might involve a possible conflict of interest since he is a
mobile home park owner.
Mr. Utter stated that 31 notices had been mailed and 27 in opposition had
been returned from within the area of notification. He also informed the
Council that 375 residents from outside the area of notification had signed a
petition indicating that they are opposed to this change of zoning. He stated
that both the Planning Commission and Planning Staff recommend approval but
because of the opposition, the 20% rule is in effect which will require six
affirmatives votes to approve.
Mr. Wenger located the 9 -acre tract on a transparency, described the land
use in the surrounding area and showed slides of the area. He pointed out
that there is a need for mobile home parks and subdivisions in the City.
Mayor Jones invited the applicant to speak at this time.
Mr. Chuck Urban, representing the applicant from an engineering
standpoint, stated that this property has adequate access because of a 60 -foot
right-of-way from Leopard Street; sanitary sewer service is available; they
have access to the sewer line; some of the natural drainage has been rerouted;
and the tract consists of 9 acres. He stated that he will work with the Staff to
resolve the drainage problem. He pointed out that the site is zoned "R -1B"
which would allow seven units per acres and if it is rezoned to "T-1 B" , 12
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Page 20
units to the acre would be allowed. He stated that the owner did not really
plan more than seven units because of the particular layout of their plans. He
assured the Council that Mr. Rack will install curbs, gutters and street; there
will be no open ditches; and it will be a first class project. He also noted that
there is a requirement in the ordinance for a screening fence surrounding the
proposed park.
Mrs. Judith Rack, 3742 Castle River Drive, explained that this park will
be a quality park with curbs, gutters, streets and a brick entrance way. She
stated that they will have a limitation on the number of people and there will be
no animals allowed to run loose in the park. She explained that Mr. Rack has
accomplished a lot of construction work and plans a very good complex. She
noted that the subdivision in which they reside has Jackson Woods Mobile Home
Park in the neighborhood and they do not feel that it has devaluated their
property. She explained that their only alternative for developing this land is
to construct low cost housing which might be more objectionable than a mobile
home subdivision.
Mrs. Rack continued by referring to the objection that the Calallen
Independent School District had registered to the effect that they object to this
because too many school children will be living there. She expressed the
opinion that this should not be any concern in granting zoning. She concluded
by reminding the Council of the need for mobile home parks in this City.
Also speaking in favor of the application was Mr. Roy Ebert, 2318
Raintree. Mr. Ebert presented a brochure to the Council and stated that he
was president of the Corpus Christi Chapter of Manufactured Housing. He
explained that their housing is in compliance with strict regulations; they
construct high quality housing at low costs; and they are selling larger homes
of 900 to 1200 square feet. He stated that this mobile home park would meet
the needs for people who want to own their own homes but cannot afford the
houses and lots at the existing costs. He noted that there has been no
research to prove that a manufactured home park would decrease the value of
property in the area. He stated that these units will generate taxes and he
objected to Superintendent Clyde Teague's statement that the number of school
children will be increased but taxes will not be generated. He questioned how
Mr. Teague had the authority to dictate how and where school children should
live because his job is to educate them.
Mayor Jones called for those who wished to speak in opposition.
Mr. Clyde Teague, Superintendent of Schools in Calallen and representing
the Board of Trustees, objected to the remarks of Mr. Ebert in regard to the
statement he had made. He agreed that he had spoken in opposition to the
zoning application at the Planning Commission Meetinc. He also expressed
concern about the drainage in the area. Mr. Teague informed the Council that
nine trailer parks are located in his school district and there are four mobile
home parks in this immediate vicinity, all of which are on Violet Road. He
denied that he had told any reporter or made any derogatory remarks about
people who live in trailer parks. He pointed out, however, that trailer parks
are not made up of all new manufactured homes because most of them are older
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Page 21
homes and there is no reason to believe that this particular park will contain
high quality mobile home units. He displayed a transparency which indicated
that mobile homes generate considerably less revenue per child than that
produced by single-family dwellings. He expressed the opinion that he did not
believe it was fair to overload a school district because mobile home parks
should be scattered over the entire City, yet they all seemed to be congregated
in his school district.
Mayor Pro Tern Turner noted that a large number of people were present
to speak in regard to this case. She stated that although she has respect for
mobile home owners, she will vote against this application because she did not
feel this is a 'logical extension of the existing zoning. She expressed the
opinion that it will radically change the character of this neighborhood and she
felt that it should be developed as residential. She stated that she will vote no
on granting the zoning.
Discussion followed and several of the Council Members suggested that it
might be feasible to change the zoning to "R -1C".
Mr. Hayden Head indicated that he had nothing to say since the Council
Members had indicated they will not grant this zoning request.
Mrs. Gail Cargile stated that she resides on Starlite Lane and represents
her neighborhood. She stated their organization would be opposed to any
zoning change from "R -1B".
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Dumphy and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the zoning of "T-1 B"
for Application No. 383-15 be denied; seconded by Council Member Hawkins;
and passed by the following vote: Jones, Turner, Dumphy, Hawkins, Kennedy
and Zarsky voting, "Aye"; Gulley, "abstaining".
* * * * * * * * * * *
Mayor Jones called for petitions or information from the audience on
matters net scl-eduled on the agenda.
Mr. Jim Maloney referred to the zoning in his former residency in Plano,
Texas. He suggested that townhouses be allowed as the type of structures to
provide buffer between "R -1B" and higher zoned property.
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 6:16 p.m., May 4,
1983.
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