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HomeMy WebLinkAboutMinutes City Council - 09/05/1979PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 5, 1979 2:00 P. M. Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best *David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The invocation was given by Mr. Art Talarico, who was present in the audience. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Motion by Sample that the Minutes of the Regular Council Meetings of July 18, 1979, July 25, 1979, August 1, 1979 and August 8, 1979 and the Special Council Meetings of August 1, 1979 and August 15, 1979, be approved as presented; seconded by Turner; and passed unanimously. *Council Member Diaz departed the meeting at 2:10 p.m. Mayor Jones announced that the scheduled presentation by Mr. Merriman W. Morton, Board President of Guaranty National Bank & Trust, in regard to the United Way had been canceled. ,. * * * * * * * * * * * * * * * * * Mayor Jones announced the scheduled hearing on the following matter: Request that the Platting Ordinance be amended to not require the following park dedications: (a) A 3.66 acre park on the preliminary plat of Solar Estates, Units 5 and 6. The subdivision is located between Interstate 37 and Leopard east of Rand Morgan Road. (b) Dedication of a 6.141 acre park on the final plat of Lots 2 through 21, Block 6, Roblex Industrial Area. The area is located east of Flato Road and south of Agnes Street. These requests were submitted as appeals from the Planning Commission's decisions but are actually requests to amend the Platting Ordinance. MICROFILMED SEP 0 419 :l, Minutes Regular Council Meeting September 5, 1979 Page 2 City Manager Townsend pointed out to the Council that in order to grant these appeals, it would require an amendment to the Platting Ordinance. He then asked Mr. Ernest Briones, Director of Planning and Urban Development, to explain. Mr. Briones first referred to Item (a) which referred to the park dedica- tion for Solar Estates, Units 5 and 6, and informed the Council that the staff has been working with this subdivider for several months, and the owners requested a waiver with some alternatives. He explained that there is an existing park that was dedicated previously to serve other units of Solar Estates; the staff feels that the park required according to the Platting Ordinance for these additional units should be dedicated; and the Planning Commission recommends that the appeal be denied and that the park dedication be made. In regard to Item (b) pertaining to the Roblex Industrial Area, Mr. Briones explained that this subdivision will be used for industrial development, and because of this, the developers have requested a waiver of the park dedication. He located the area on a map and stated that the Planning Commission recommended denial of a waiver. Mr. Briones also pointed out to the Council that the City has an agreement with this developer in which he filed for record the required park dedication. Mr. Briones noted that there is a question as to whether or not the waiver can even legally be approved. City Manager Townsend interjected that such agreements between the City and developers was the procedure at one time by which the developer can make a park dedication out of the next piece of property that is developed, subject to the approval of the Planning Commission. Council Member Best inquired if the City has parks in other industrial subdivisions. Mr. Briones replied that industrial subdivisions are developed in the same manner as other subdivisions and the existing Platting Ordinance makes no distinc- tion between an industrial subdivision and other subdivisions, with the exception of one -lot developments. Mr. Briones further explained that the only way a waiver can be approved is in hardship of land cases -- not hardship of the developer. City Manager Townsend summarized by stating that the staff recommends that both waivers be denied, and this is an appeal from the action of the Planning Commission. for- i Minutes Regular Council Meeting September 5, 1979 Page 5 ^ouncil Member Best indicated that he questions the requirement of parks in an industrial subdivision. City Manager Townsend pointed out that the developer has laid out the sub- divi^.ion in lots, but it has not been developed at this time, indicating that at this time, there is no assurance that the land will be developed for industrial use. Mr. Briones also noted that if the Council approves the waiver today, there is nothing to prevent this developer from coming back to the Council with a request to rezone this same property for residential use. Mr. Briones reiterated that the staff, the Planning Commission and the Park Board all recommend that the park dedication be required because the ordinance requires this, and there is no way within the existing Platting Ordinance to approve waivers of park dedications without amending the ordinance. Mayor Jones then invited the developers of these two subdivisions to speak. Mr. Freddie Seaquist, 9334 North Star, stated that he is one of the owners of Solar Estates and that they would like to dedicate 5 acres of land as required in the Platting Ordinance and have the City develop the parks. Mr. Seaquist pointed out that developers all over the City have been complying with the Platting Ordinance as it pertains to the park dedications, but the City has not complied with the same ordinance which requires that the parks be developed by the City. He quoted from the Platting Ordinance which states that "the City shall improve the dedicated park area coincidentally with the development of the subdivision. For the purpose of this section "Coincidentally" means that the City shall improve said park when the subdivider has completed all permanent improvements required of him by this ordinance adjacent to the dedicated park area or upon acceptance of the subdivision by the City, whichever time is later. By the term "improve" as used in this portion of the ordinance is meant such filling and grading as may be necessary for the practical use of said park together with the installation of an irrigation system, sodding and planting of basic trees and shrubs." Mr. Seaquist continued that if the City is unable to do this, they can require the developer to improve the park with reimburse- ment to be made by the City, with interest. He also pointed out that if this is not done. the Platting Ordinance specifies that the park shall revert back to the subdi- vider, his heirs, successors, and assigns. Minutes Regular Council Meeting September 5, 1979 Page 4 Mr. Seaquist continued his presentation by pointing out that a large number of dedicated parks exist in the City which have not been improved at all, or only partially, and contended that the City itself is in violation of the Platting Ordinance as it pertains to the required development. He also reminded the Council that in the 1977 Bond Election, funds for improvement of neighborhood parks were approved by the voters, and these parks have still not been developed. Mr. Seaquist contended that the City is not in compliance with the requirements of the Platting Ordinance, and if the stipulations are adhered to, then the City should return the dedicated park land to the developer in many instances. Mr. Seaquist stated that the developers of Solar Estates are developing a subdivision containing 135 acres; only 4 3/4 acres are required for park dedication; and the developers would like to propose an alternate plan rather than this park dedication. He explained that they proposed to increase the previously dedicated 2.84 acres of park land associated with the adjacent subdivision to 3.402 acres; install 250 Chinese tallow trees; sod the area with bermuda grass; install an underground sprinkler system; install playground equipment and three picnic tables and park benches. Mr. Seaquist estimated that the approximate cost of these improve- ments would be $23,744 and stated that the developers plan to spend $28,000 to develop this park, following which it will be dedicated to the City. He pointed out that the City will have a fully developed park which is somewhat smaller than the size required by the Platting Ordinance but that he felt that this would be preferable to a larger park that contains no improvements at all. Mr. Seaquist also assured the Council that the developers plan to enter into an agreement with the City that no additional plats for subdivisions be approved until this agreement is signed by the developers and the City. He informed the Council that the deve- lopers will not benefit monetarily from this plan because of the reduced park dedication, since there are other expenses involved. Mr. Seaquist also pointed out that the City will further benefit from the park dedication waiver through the sale of 12 additional lots which, when developed, will generate additional tax for the City. He then presented a petition signed by 143 homeowners requesting that this park dedication be waived. Mr. Seaquist concluded his remarks by alleging that the park dedication requirements are not feasible since the City does not i Minutes Regular Council Meeting September 5, 1979 Page 5 usually have the required funds to develop the park land that is dedicated by the developer. Council Member Zarsky questioned the proposed arrangement of this particular park and inquired if the developers would work with the City staff on this. Mr. Seaquist stated that they had no objections to working with the staff on the park. City Manager Townsend stated that the staff finds no correlation to the required park dedication as specified in the Platting Ordinance and the proposed development of this park. He contended that parks are required for the benefit of citizens for the long-time life of the subdivision and pointed out that the City pays one-half of the cost of the streets around dedicated parks. Mr. Townsend pointed out that such parks are used by citizens and the residents of subdivisions even if they are not fully developed, noting that they serve a useful purpose as open space areas. City Manager Townsend pointed out that according to Mr. Seaquist's proposal, the developers plan for the residents of one subdivision to be served almost completely by park land that was dedicated for another subdivision, and there is no provision in the Platting Ordinance for the dedication of a park from one subdivision for the benefit of another subdivision. Mr. Townsend called to the Council's attention the fact that the park was laid out in the middle of the two subdivisions so that a large park could be created. Council Member Turner commented that the question of development and main- tenance of parks has long been a problem and inquired about possible solutions to this problem. City Manager Townsend stated that this is the first time that the City has had such a firm proposal for development of a park by the subdivider. Council Member Zarsky expressed the opinion that the primary objective is to get the parks in use for the residents of the subdivision and inquired of Mr. Seaquist if he would be willing to put in these improvements, agree to dedicate all of the required park land according to the Platting Ordinance, with the under- standing that the City would be willing to reimburse the developers for the park improvements. Mr. Seaquist agreed that the developers would be willing to do this if the City reimbursed them for the improvements. Minutes Regular Council Meeting September 5, 1979 Page 6 Council Member Best moved that the developers' request to change the Platting Ordinance be denied but that the City enter into a contract with the developers of Solar Estates, Units 5 and 6 whereby the developers will develop the park area that is already dedicated for Solar Estates and that the developers be reimbursed, according to the Platting Ordinance, by the City. Mayor Jones asked for a clarification of the motion and inquired if Dr. Best was referring to the complete park. Mr. Seaquist agreed to the 5% park dedication and to develop the previously dedicated park with reimbursement to be made by the City for this development. The motion was seconded by Council Member Zarsky. Mayor Pro Tem Sample pointed out that the matter under discussion only referred to the development of the first park and asked about the possibility of the developer improving the second portion of the park tnat will serve Units 5 and 6. City Manager Townsend stated that such a recommendation might be brought back by the staff at a later date. Mayor Jones called for the vote on the motion, and it passed Jnanimousiy. In regard to Item (b) of this hearing, which deals with Robiex Industrial Area, Mr. Harry Bennett spoke as representative of the developer. He assured the Council that they already have construction plans prepared for a building that does require "1-2" zoning, and there is no reason to think that this would ever be changed from industrial zoning. He contended that the Platting Ordinance does include a provision that park land dedication is not required under certain condi- tions, and the Planning Commission has waived the requirement for park dedication on some occasions in industrial developments. Mr. Bennett pointed out that in this particular subdivision, the existence of a park would not be practical for children to use because of the cross streets that are in the area and such parks would not be used. Mr. Bennett expressed the opinion that based on these factors, there does not seem to be a need for such a large park in this particular area. City Manager Townsend reiterated that this is really just a standard argu- ment, but a particular piece of land which is zoned for industrial use could have e tes Regular Council Meeting September 5, 1979 Page 7 r its use changed, and there is no way to waive the park dedication according to the Platting Ordinance. He pointed out that if the Council feels that such parks should not be required, then the Platting Ordinance should be amended. Mr. Townsend again pointed out that this particular land could have the zoning changed and could be used for apartments or single-family dwellings, and there would be no way to require a park dedication at such time if a waiver had been previously granted. Council Member Zarsky asked about the circumstances in the past when waivers to park dedications were granted. City Manager Townsend replied that this is a difficult process; the Planning Commission is the final authority on the parks since they are the body that approves plats, and they have approved plats on occasion without the park dedication. City Manager Townsend again pointed out to the Council that the developers of this subdivision previously signed an agreement to dedicate the park; no develop- ment has actually occurred; they are on the last unit of the subdivision; and it is at the point where the owners must honor their previous agreement to dedicate the park. Mayor Jones inquired if it would be possible for the Council to waive the park dedication and include the requirement that the waiver would not be in effect if the land is not used for industrial purposes. City Manager Townsend explained that the only way to waive the park dedica- tion is to amend the ordinance. Mayor Jones inquired if there is any reason to require parks in an indus- trial area, and City Manager Townsend replied that if an industrial area is located so that it is surrounded by residential areas, there is even a greater need for a park. Mr. Briones pointed out that there are a number of recreational uses that are not desirable in residential areas but which are not objectionable in industrial subdivisions. City Manager Townsend again pointed out that there is no commitment yet for the use of this undeveloped land. Mayor Jones asked Mr. Bennett if he could assure the Council in any way that this area will not ever be used for anything other than industrial purposes. Minutes Regular Council Meeting September 5, 1979 Page 8 Mr. Bennett stated that he did not feel that this land will eve. be useJ for anything other than industrial use and that it does not seem to be appropriate for residential development. Mayor Pro Tem Sample stated that he would not object to waiving the pa,k dedication if assurances could be included in the ordinance that there would he no development other than industrial on this land. Council Member Zarsky inquired of Mr. Bennett if they were agreeable to including such deed restrictions in the ordinance, and Mr. Bennett indicated that they were. Mayor Pro Tem Sample moved that the park requirement be waived fcr the subdivision with the understanding that this subdivision will only be used for industrial use. The motion was seconded by Council Member Dumphy and passed unanimously. .. .. .. .. .. .. .. * ., .. .. .. .. .. * Mayor Jones announced the public hearing on the following matter: Close the right-of-way of Caribbean Drive between Roscher Road and the Oso. The area,located between Roscher Road and the Oso, is being replatted as Roschet Estates. The staff recommends against the closing because it will eliminate public access to the Oso in this general area. When the preliminary plat was approved, the Planning Commission waived the park requirement on the basis of hardship and accepted money in lieu thereof. The Platting Ordinance only provides for waiver of parks and acceptance of money instead of subdivisions between 10 and 20 acres. This subdivision has 57.21 acres. A dedicated park would have provided an alternate access to the Oso. City Manager Townsend located the portion of the street requested for closure and stated that the subdivision is almost completed on the ground. He informed the Council that the burden is the applicant's to prove that it is in the best interest of the total public to close this portion of the street. He reminded the Council that when a street is closed, the land is awarded to the abutting pro- perty owners. He displayed the development drawing of this land and noted that the City possibly erred in approving the drainage plans because the drainage is a little deeper than necessary. Mr. Townsend further explained that the subdivider was not required to make a park dedication because the Planning Commission authorized cash in lieu of the dedication. City Manager Townsend summarized by stating that the staff recommends against the closing of this portion of the street, in view of the fact that t 1 Minutes Regular Council Meeting September 5, 1979 Page 9 since park dedication was not required, there would be no access to the Oso. Mayor Jones inquired as to the amount that was paid in lieu of dedication of park land, and Mr. Briones replied that $6,025 was paid, and this amount was placed in the Park Bond Fund. Speaking on behalf of the applicants was Mr. Richard Stone, who pointed out that the street has never been opened on the ground but is merely a right-of- way which was dedicated in 1909. He explained that the requested abandonment is for the right-of-way itself. Mr. Stone continued by stating that this is a beau- tiful subdivision; the lots range in price from $24,000 to $44,000; and he presented an exhibit showing the location of Roscher Estates in relation to the Oso. He pointed out that Graham Road is open and provides access to the Oso. Mr. Stone also noted that there is a paved road which goes to the Oso, and it is the projected extension of Holly Road. He expressed the opinion that this area is just a derelict's paradise in that the overgrown area invites unsavory activities. Mr. Stone empha- sized that the owners of Roscher Estates would like to have this portion of Caribbean closed for the protection of the future residents of this subdivision. Also speaking on this matter was Mr. Miles Graham, who presented slides of the area. He pointed out that Roscher Road does not continue north and there is no public access to the Oso. Mr. Stone informed the Council that Mr. Celso Gonzales, an adjacent property owner, is also in favor of abandoning this right-of-way. He expressed the opinion that the closing of this right-of-way, which goes nowhere, would benefit the general public as well as the future residents of the subdivision. City Manager Townsend expressed appreciation for the copy of the deed restrictions but indicated that there is still a question of public access to the Oso. Mr. Stone explained that the requirements for park area for the subdivision include deed restrictions that require certain facilities such as tennis courts and a swimming pool for recreation in the subdivision. Council Member Best inquired if the public will be allowed to use the tennis courts and swimming pool, and Mr. Stone replied that they would be for pri- vate use for residents. Minutes Regular Council Meeting September 5, 1979 Page 10 Mayor Pro Tem Sample expressed concern about the adjacent landowner having access to his property if this right-of-way is abandoned, and Mr. Stone stated that that particular landowner had joined in this request since he does have frontage to his property. Speaking in opposition to the request to close the right-of-way was Ms. Ruth Murphey, who resides on Caribbean. She stated that she represents property owners in the area who do not wish to lose the right-of-way. Ms. Murphey informed the Council that her grandfather had originally donated this right-of-way to the City; it was used for many years until a new owner fenced off the access to the right-of-way; and she contended that the area is certainly not a haven for derelicts, as the applicants' representative had stated earlier. She then presented a petition from a majority of the property owners on Caribbean who are opposed to the abandon- ment of this right of way. Ms. Murphey noted that 10 property owners had signed the petition and stated that as the area develops, they would like to have the road available for future development. Council Member Turner pointed out that this outstanding subdivision would actually improve the area and pointed out that there is no assurance that the road would ever be developed. Ms. Murphey summarized by stating that the applicants would benefit from this abandonment, and the other property owners in the area would not. Council Member Zarsky pointed out that even if this right-of-way is not abandoned, there is no convenient way that a motorist could get to the water of the Oso because it would just be a dead end, pointing out that there is no turnaround area at the end of the street at the Oso. Ms. Murphey contended that if the street is developed, this problem could be worked out. City Manager Townsend explained that this road is the standard County road dedication; some type of L-shaped turnaround would have to be provided if the street is developed; and pointed out that this plat should not have been approved until the question of the road had been settled. Mr. Townsend pointed out that the applicants would have to deal with the question of the road if the Council does not approve its closing. • Minutes Regular Council Meeting September 5, 1979 Page 11 Speaking in favor of the closing of the Caribbean right-of-way was Mr. Robert A. Kessler, 2902 Roscher Road. He stated that he had started construction on a residence in February in that area and that he prefers to have the right-of- way closed and abandoned because a number of people drive down Caribbean and dump debris in the area. Mayor Jones mentioned that there are several access streets that could be opened which are already platted. He suggested that if the Council approves this request for closing, the owners of the property adjacent to those other streets would also request that they be closed, indicating that such approval might set a precedent. Mr. Stone expressed the opinion that each case would have to be considered individually. Speaking in opposition to the closing was Mr. H. W. Roscher, Yorktown Boulevard, who stated that he used to fish in the Oso and the Caribbean right-of- way previously provided access to this body of water. No one else spoke in regard to this closure. Motion by Sample that the hearing be closed, seconded by Zarsky and passed unanimously. Council Member Zarsky inquired if there is a dedicated park area on the east side of the Oso, and City Manager Townsend replied that on the Flour Bluff side of the Oso was located the subdivision that started out to be a mobile home park, and this subdivision is located just next to the Naval Air Station, and the park has just recently been finalized. Council Member Zarsky suggested that in the future, if any more subdivi- sions are approved, that a park dedication be required. City Manager Townsend assured the Council that the Staff recommended a park dedication out of this subdivision, but the Planning Commission waived this requirement without authority. Mr. Townsend stated that the Commission should not approve plats subject to certain approval of other conditions by the Council. He indicated that the proper procedure would be for the Commission to make a recommendation to the Council before the plat is approved, Minutes Regular Council Meeting September 5, 1979 Page 12 Mr. Briones pointed out that the property north of this street is undeveloped and unplatted, and it would be possible to instruct the Planning Commission that the park dedication for this land would have to be located at the end of Caribbean to assure access to the Oso. Mayor Pro Tem Sample agreed that the Planning Commission should be made aware of that in their future hearings. Council Member Best inquired as to why the City accepted approximately $6,000 in lieu of a park dedication when the value of the land is estimated to be approximately $40,000. Mr. Briones stated that the raw land value was estimated to be $2,500 per acre. City Manager Townsend informed the Council that the Planning Commission accepted the money instead of requiring a park dedication. He suggested that the Council might wish to consider this practice and request that the Planning Commis- sion discontinue such actions and that the Platting Ordinance be amended to require that waivers of park requirements, under certain circumstances, would have to to approved by the Council. Mayor Jones stated that he had been in this area and examined it and noted that a lot of work has been performed in the subdivision. He expressed the opinion that the developers wish to close the Caribbean right-of-way, but this seems to conflict with other property owners in the area. Motion by Best that the request to close the Caribbean right-of-way be denied and that when and if Mr. Celso Gonzalez develops his land, he be requires to dedicate a park at the end of Caribbean Drive; seconded by Sample. After further discussion, Mayor Jones called for the vote on the motion and it passed by the following vote: Jones, Sample, Best and Turner voting "Aye"; Dumphy and Zarsky voting "Nay"; Diaz, absent. Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a. A public hearing be held at 2:00 p.m., September 12, 1979, to consider amendments to the 1976 Corpus Christi Urban Transportation Plan. Minutes Regular Council Meeting September 5, 1979 Page 13 City Manager Townsend reminded the Council that two property owners who own property near the current location of Airline Road have requested that this hearing not be held on September 12 in order that they may have a longer period of time to prepare statements in opposition. He explained, however, that the amend- ments to be considered consist of 103 modifications to the street plan and that there is a need to have these changes approved as soon as possible. He suggested that possibly the Council might wish to consider the question of Airline Road at a separate hearing. After a short discussion, it was the consensus of the Council that the public hearing on this subject be conducted on September 12. City Secretary Read called to the Council's attention the scheduled public hearings on zoning applications which were to be conducted at 3:30 p.m. during a Special Council Meeting. Mayor Jones recessed the Regular Council Meeting at 4:39 p.m. in order to convene the Special Council Meeting. * ', * .. * t ,. ., is .. „ * ,. .. „ .. Mayor Jones reconvened the Regular Council Meeting at 5:17 p.m. and called for the remainder of the City Manager's Reports. City Manager Townsend presented the following items and recommended that: b. A contract for books by mail service from September 1, 1979 through August 31, 1980 be awarded to AMERICAN ECONO-CLAD SERVICE, Topeka, Kansas on the basis of only bid received of $11,325.60. Price comparison reflects an increase of approximately 28% for supplies. The discount for books remains the same as last year. This contract will continue the South Texas Library System program of circulating paperback books to individuals in rural areas without library service. The contract provides for the purchase of 4,400 paperback books and printing 6,200 catalogs, 4,000 book order cards and 8,000 mailing labels. The program is totally paid for by grants from the Federal and State governments. c. A 5 year lease/purchase agreement for two disc drives be approved with TGIF - TEXAS GOVERNMENTAL & INDUSTRIAL FINANCE, INC., Dallas, on the basis of most advantageous bid of $66,420. Bids were received from three companies. The alternate bid by this company is recommended over the low bid of $64,320 because they will purchase one disk drive which the City is currently renting from another company and lease it to the City under the new lease. The drive is less than one year old and is in good condition. This arrangement will eliminate any risk involved in data conversion to a new drive. The agreement is subject to annual appropriation. The second drive is a budgeted addition to support the growth in tax and municipal court offices and the new utility system. d. A contract for recapping four foam filled tires for a Sanitation Division landfill tractor be awarded to General Tire Service on a sole source contract for $14,810.88 plus freight. The tires need to be recapped promptly. General Tire was the only company which quoted a firm price. The tires will be recapped and returned within 9 days. Minutes Regular Council Meeting September 5, 1979 Page 14 e. Parcel 1 of the International Airport Runway 31 Approach Light System Site be acquired for $12,000 from Mr. John H. Kelly, et al and $233 be appropriated to supplement previous appropriations. The acquisition price is $1,000 over the approved value and represents a settlement in lieu of condemnation. The vacant parcel is located on Joe Mireur Road (F.M. 763) between Bear Lane and the intersection of McGloin and Joe Mireur Road and contains 4.576 acres of vacant land. The site will be leased to the Federal Aviation Administration for location of a light system for instrument landings on the southwest runway. f. The Compensation Plan be amended effective July 30, 1979 to include the following provisions of the collective bargaining contract with the Corpus Christi Police Officers Association: (1) Establish this salary schedule as of July 30, 1979: Class After Code Class Title: Starting: 6 mos. 18 mos. 30 mos. 42 mos. 914 Trainee $ 876 915 Police Officer 1,018 $1„070 $1,124 $1,183 $1,243 916 Sergeant 1,243 1,305 1,369 198 Lieutenant 1,440 1,512 1,588 (2) Increase longevity pay from $4 to $6 per month for each year of service for the first 10 years. (3) Reduce sick days paid upon termination for officers with less thdn 10 years of service and increase it from 90 to 180 days for officers witl more than 25 years of service according to the following schedule: (a) less than 4 years service: 0 days (b) 4 years - not more than 30 days (c) 5 years - not more than 40 days (d) 6 years - not more than 50 days (e) 7 years - not more than 60 days (f) 8 years - not more than 70 days (g) 9 years - not more than 80 days (h) 10 years- not more than 90 days (i) 25 or more -not more than 180 days g. A six month contract be approved with the Corpus Christi Area Women's Shelter, Inc. for $6,000 (to be paid in monthly payments of $1,000) for shelter and counseling services for battered women from August 1, 1979 through January 3, 1980. The 1979-80 Budget provides $12,000 for this program. h. The contract with the Texas Department of Water Resources be renewed for the City -County Health and Welfare Department to provide laboratory 5e,vices on a charge -for -services basis from September 1, 1979 through August 31, 198u at a maximum cost of $40,000. This contract was initially entered into in January, 1975. Approximately 100 samples per month will be analyzed. i. A letter be sent to the State Department of Highways and Public Transportation, advising that the City has no objection to removal of the old Tollgate Building at the John F. Kennedy Causeway. The building was used by the City for a health clinic but has been vacant since the new clinic in Flour Bluff was completed. The Highway Department wishes to demolish the building because it is close to the roadway and, in their opinion, constitutes a safety hazard during periods of heavy traffic, On April 26, 1978 the City Council authorized submission of an application to the Department for a multiple use agreement which would allow the City to lease the building to the Flour Bluff Art Association. The Art Association had expressed an interest in using the building for an art gallery. The Association has since withdrawn their request. Other individuals who expressed an interest have since indicated they do not wish to submit a proposal for public or non -pro ” t use. Minutes Regular Council Meeting September 5, 1979 Page 15 j, The third reading of the Oso Senior -Little League, Central Park Little League and Southside Pony League leases be approved. On July 11, 1979, the third readings were postponed until the Park and Recreation Board, lessees and City staff could discuss the right of the general public to use the fields when the leagues do not have some activity such as a game, practice or maintenance taking place. All parties now agree that the existing wording of the leases requires the fields to be so available even during the league's season. The Oso Senior -Little League leases 16 acres at South Guth Park and the Central Park League and the Southside League lease 4.1 and 1.71 acres, respectively, at Price Park. City Manager Townsend explained that the third reading on these leases was delayed because there was some confusion as to the exact meaning of the clause included in the leases to the effect that the parks were to be available for public use when not in use by the lessees. He stated that this matter had been discussed with the different parties and that it now has been resolved. k. Two Title II -0 and two Title VI CETA positions be approved as follows: (1) Data Processing to provide additional clerical support for conversion of the Utility Batch Billing System to the new system. (Title II -D) (2) Animal Control for door to door distribution of animal control ordinance and vaccination material and issuing warnings and tickets for violations. 1. Proposals be received on October 3, 1979 for audits of Comprehensive Employ- ment Training Act (CETA) - (17 grants), Employment Opportunity Pilot Program, (1 grant), and Youth Conservation Corps Program. The audit closing dates are June 30, 1979 and December 31, 1979. Most of the audit work will take place after completion of the annual City audit which is expected to be by November 30, 1979. Proposals will be requested from approximately fifteen accounting firms. m. A hearing be held on September 12, 1979 on the developer's request to amend the Platting Ordinance to not require a park dedication in the 58.94 acre plat of Golden Oaks Estates located on the south sideof Ramfield Road west of Flour Bluff Drive. The request was submitted as an appeal from the Planning Commission but actually is a request to amend the Platting Ordinance. n. An additional $7,600 be appropriated to cover cost overruns and cost of extending Blake Street. The overruns generally involve driveway and sidewalk construction. The extension of Blake Street was authorized but funds were not previously appropriated. It was thought at that time that the contingency appropriation would be adequate. Mayor Jones called for comments from members of the audience on the City Manager's Reports. Mr. Arnold Villarreal, 1501 Devon, speaking on behalf of Little League Organizations, stated that he is confused about the wording to the effect that the leases, as referred to in Item 'I", should be interpreted to mean that the parks could not be locked during the Little League season. He mentioned the fact that most of the ball parks have been installed over landfills and the leagues have been Minutes Regular Council Meeting September 5, 1979 Page 16 instrumental in improving these areas. He explained that it is necessary for them to lock the fields in order to protect the improvements which they have made. Mr. Villarreal suggested that if they are not allowed to lock the fields, the City would have to assume the responsibility of maintenance of the fields. He objected to the City's new interpretation of the wording that pertains to the fact that the parks have to be open to the public when not in use by the leagues. He pointed out that the parks are in constant use during the season, either for maintenance work or when games are actually being played. City Manager Townsend quoted from the leases which states that the Park Department shall have joint use of the property except when the lessee is using it for league purposes. He stated that this meant that the lessee shall not deny access and use of the park during the hours when it is not in use by the league. He stated that the general public has the right to use the parks when the league is not using the fields. Mr. Townsend further explained that when neighborhood children want to play in the baseball parks when games are not in progress, the City objects to their being denied admittance to the parks. Mayor Jones agreed that when the leagues are not in the process of perform- ing maintenance, or are not playing on the field, the neighborhood children should be able to use it. There was no further discussion on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" thru "n" be accepted; seconded by Turner; and passed unanimously. ., .. .. ., t. ,. * .. ,. .. * ,. ,. A * ;t Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments from members of the audien-e; City Secretary Read called for the vote on the ordinances; and the follov,Ing were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, CHAPTER 57, VEHICLES FOR HIRE, ARTICLE III, AIRPORT LIMOUSINE SERVICE, BY AMENDING SECTION 57-152, ZONES AND FARES, AND AMENDING ORDINANCE 13130, AS AMENDED BY ORDINANCE NO. 13461, BY AMENDING PARAGRAPH II OF THE FRANCHISE AUTHORIZED THEREBY, TO PROVIDE A NEW SCHEDULE OF FARES IN ZONES 1 THROUGH 5; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second rei?ing by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting "Aye"; Diaz, "absent". Minutes Regular Council Meeting September 5, 1979 Page 17 THIRD READING - ORDINANCE NO. 15098: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE -SENIOR LEAGUE, LEASING TO SAID OSO LITTLE -SENIOR LEAGUE A 16 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE -SENIOR LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting "Aye"; Diaz, "absent". THIRD READING - ORDINANCE NO. 15099: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE, LEASING TO SAID CENTRAL PARK LITTLE LEAGUE A 4.10 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting "Aye"; Diaz, "absent". THIRD READING - ORDINANCE NO. 15100: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH THE SOUTHSIDE PONY LEAGUE, LEASING TO SAID SOUTHSIDE PONY LEAGUE A 1.71 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting "Aye"; Diaz, "absent". ORDINANCE NO. 15101: AMENDING ORDINANCE NO. 14942, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 6, 1979 SO AS TO AUTHORIZE THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL N1 IN CONNECTION WITH THE INTERNATIONAL AIRPORT RUNWAY 31 APPROACH LIGHT SYSTEM PROJECT, NO. 245-72-1 AT THE UPDATED APPROVED VALUE OF $12,233.00 OF WHICH $12,000.00 IS FOR ACQUISITION AND $233.00 IS FOR CLOSING COSTS; APPROPRIATING OUT OF THE 245 AIRPORT BOND FUND $233.00 FOR CLOSING COSTS TO SUPPLEMENT THE PRIOR APPROPRIATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting, "Aye"; Diaz, "absent". ORDINANCE NO. 15102: AMEN OF THE ON PLAN ALLNDING POSITIONSNINCE THEOCITY27, SERVICE,DASGFOR AMENDEDMIBYSAMENDOING SUBSECTION 501, AS AMENDEDFOR BY SUBSTITUTING THE PUBLIC SAFETY SCHEDULE FOR POLICE AS REFLECTED IN EXHIBIT "A" ATTACHED HERETO, TO PROVIDE FOR AN 8.17% COST -OF- LIVING INCREASE EFFECTIVE JULY 30, 1979; ADOPTING A NEW SUBSECTION, 706, LONGEVITY PAY; AMENDING SECTION 950, LEAVES OF ABSENCE, BY AMENDING SUBSECTION 952.3, PROVIDING FOR PAYMENT OF ACCRUED SICK LEAVE, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting, "Aye"; Diaz, "absent". Minutes Regular Council Meeting September 5, 1979 Page 18 ORDINANCE N0. 15103: AUTHORIZING EXECUTION OF A CONTRACT FOR A SIX-MONTH TERM WITH THE CORPUS CHRISTI AREA WOMEN'S SHELTER, INC. FOR $6,000 FOR THE PROVISION OF A SHELTER AND COUNSELING SERVICES FOR BATTERED WOMEN, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting, "Aye"; Diaz, "absent". ORDINANCE NO. 15104: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT 01- WATER RESOURCES BY THE TERMS OF WHICH CONTRACT THE CORPUS CHRISTI-NUECES COUNTY HEALTH AND WELFARE DEPARTMENT WILL PROVIDE LABORATORY SERVICES ON A CHARGE -FOR -SERVICES BASIS AT A MAXIMUM COST OF $40,000 FOR THE TERM OF SAID CONTRACT, COMMENCING THE 1ST OF SEPTEMBER, 1979, AND TERMINATING THE 31ST OF AUGUST, 1980, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MACE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting, "Aye"; Diaz, '"absent" ORDINANCE NO. 15105: APPROPRIATING $7,600 FROM THE NO. 220 STREET BOND FUND TO COVER COST OVERRUNS IN CONNECTION WITH THE LOZANO SCHOOL AREA STREET IMPROVEMENTS PROJECT CONTRACTED TO M & M CONSTRUCTION COMPANY, APPLICABLE TO PROJECT NO. 220-77-2.1; AND DECLARINU AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dumphy, Turner and Zarsky voting, "Aye"; Diaz, "absent" Mayor Jones called for petitions or information from the audience on macer_ not scheduled on the agenda. Mr. Jesse Suarez, 3001 David Street, addressed the Council in regard tc Fis previous request for a permit to construct a fence at his residence which would b€ used for display purposes since his home is near the expressway. Mr. Suarez stated that the planned 6 -foot fence would not be a traffic hazard; he wished to :,onstru..i_ the fence for advertising purposes to aid him in his fence building business; hc. would like to have a very small sign displayed on the completed fence; and again asked the Council to grant him permission to build the fence. He presented the Council with copies of his presentation and a brochure which depicted the type o fence he desired to build. Minutes Regular Council Meeting September 5, 1979 Page 19 Mayor Jones stated that he had previously informed Mr. Suarez that he would personally visit the site and apologized for not having done so. City Manager Townsend explained that Mr. Suarez has been informed by the City staff that his request is in violation of the ordinance; the Council has dis- cussed the matter and agreed that the ordinance should not be amended; and also pointed out that any kind of sign attached to a fence that advertises a company is prohibited from exhibition on a street right-of-way. Council Member Turner again pointed out to Mr. Suarez that he can have permission to construct a fence if it is a low fence near the street and does not interefere with traffic. City Manager Townsend agreed and reiterated that Mr. Suarez could construct a fence that is no higher than 3 feet. Council Member Dumphy again suggested to Mr. Suarez that the constructed so that it would only be three feet high at the corner. fence be He compli- mented Mr. Suarez on his enterprising idea and expressed the opinion that people passing by could see the lower fence as well as the 6 -foot fence. No other citizens spoke during this portion of the meeting. City Manager Townsend stated that he would like to discuss the Tourist Bureau staff report in regard to their space needs and possible relocation. He explained that the land for the Chamber of Commerce was purchased from the City with the understanding that they would maintain a tourist bureau and provide space for such an organization. Mr. Townsend explained that discussions had been con- ducted and it seemed reasonable that the Chamber of Commerce Building should be expanded to house the Tourist Bureau. City Manager Townsend recommended that this concept be endorsed by the Council, following which the staff could work with the Tourist Bureau and the Chamber of Commerce to work out the details. Mayor Jones indicated that he felt that this would be a reasonable solution to solve the Tourist Bureau's space problem. Council Member Zarsky stated that the Tourist Bureau is also in favor of this plan. Minutes Regular Council Meeting September 5, 1979 Page 20 Council Member Best suggested that the existing Tourist Bureau property be sold to help in paying for the expansion at the Chamber of Commerce building. City Manager Townsend suggested that the expansion go forward as soon as possible and that efforts be made to sell the Tourist Bureau property. The Council indicated their consensus of this plan. In regard to the evaluation criteria for review of single-family mortgage revenue bond proposals, City Manager Townsend stated that the staff will have a recommendation on the best proposal from three to five firms. He also informed the Council that it is the staff's recommendation that the City's Housing Improve- ment Corporation and the Council will be the Board of Directors of this non-profit organization, and as such, the Council would be in a position to set policy for the underwriters. * * ;; .. ,. .. .. * .. * * * * * .. City Manager Townsend then referred to the matter of group life and health insurance and reminded the Council that the staff received bids for the purpose of awarding a new contract, but the staff is not yet ready to award a contract. He explained the City's usual procedure of paying for $2,000 of life insurance for employees and the cost of the employees' hospitalization, noting that all of the dependent coverage is paid by the employee. He noted that as a policy matter, the City has not considered payment of dependent coverage; however, this point is critical to the negotiations with the firefighters. Mr. Townsend suggested that the Council might wish to instruct the negotiating team to consider payment of some of the dependent coverage for the firefighters. He pointed out that the policy across the State is that most cities do not pay dependent coverage, but noted that the staff needs some guidance as to whether or not they should even discuss this matter with the firefighters. Mayor Pro Tem Sample and Council Member Best indicated that they did not feel that dependent coverage should even be discussed with the firefighters. Council Member Zarsky expressed the opinion that if it is considered for the firefighters, it should be available for all City employees. Mayor Pro Tem Sample stated that he objected to this because the City has already settled negotiations with the police officers; the other City employees Minutes Regular Council Meeting September 5, 1979 Page 21 have already been made aware of the salary increases they will receive; limits have already been set on the budget; and payment of dependent coverage will change the budget considerably. Council Member Best agreed with all of Mayor Pro Tem Sample's remarks. Council Member Zarsky stated that he felt that consideration might be given to this next year, Council Member Dumphy pointed out that the magnitude is great when you consider such benefits for all City employees. City Manager Townsend noted that whatever level of payment is made would be a matter of negotiations, and the only question at this time is whether or not the topic should be considered by the negotiators. Council Member Dumphy stated that he would like to hear comments from a representative of the Corpus Christi Firefighters. City Manager Townsend stated rnat he had no objection to this. Mr. Armando Caceres, President of the Corpus Christi Firefighters Associa- tion, stated that their negotiations have nothing to do with other City employees or dependent coverage for anyone other than the firefighters. He stated that his group is asking that the City pay for the dependent coverage out of the 7% salary increase, and their suggestion was that 1% of that percentage be allocated to dependent coverage. Mr. Caceres emphasized the fact that the firefighters do not intend to give up any more of their civil service rights as the police officers have done. City Manager Townsend indicated that this was possibly not the place to discuss the details of the negotiation; and noted that there are a number of other issues involved in the discussions ti.r a,11 provide the firefighters with more than 7% salary increase. Mr. Townsend also stated that historically, the City has always provided all City employees with similar benefits, and if dependent coverage is agreed upon with the firefighters, the same benefits should be considered for all City employees. Mayor Pro Tem Sample agreed, stating that he could not agree to dependent coverage for one group without providing the same coverage for other employees. Minutes Regular Council Meeting September 5, 1979 Page 22 Motion by Zarsky that the Council not restrict the bargaining process by refusing to discuss dependent coverage for hospitalization, so long as the benefits do not exceed the percentage of salary increase previously agreed upon. Council Member Turner inquired if the dependent coverage could be granted firefighters and other employees who might prefer this in lieu of the larger per- centage of salary increase. City Manager Townsend replied that this could not be an optional benefit because it would be much too complex. He assured the Council that he would never recommend dependent coverage for firefighters without recommending the same benefits to all City employees. There was no second to Council Member Zarsky's motion; therefore, Mayor Jones relinquished his seat as Chairman of the Council to Mayor Pro Tem Sample. Mayor Jones then seconded Mr. Zarsky's motion. Mayor Pro Tem Sample called for the vote on the motion and it passed by the following vote: Jones, Dumphy, Turner and Zarsky voting "Aye"; Best and Sample voting "Nay"; Diaz, absent. Council Member Turner stated that she wanted to make it clear that she supports comparable treatment for all City employees. ., * .. ,. * „ ,. * t ,. ., ., ., .. 5 .. There being no further business to come before the Council, on motion by Sample, seconded by Turner and passed unanimously, the Regular Council Meeting was adjourned at 7:02 p.m., September 5, 1979. 1, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of September 5, 1979 through September 26, 1979, inclusive, and having been previously approved by Council Action are by me hereby approved as itemized: 9/05/79 - Regular Meeting 9/05/79 - Special Meeting 9/12/79 - Regular Meeting 9/19/79 - Regular Meeting 9/26/79 - Regular Meeting 9/26/79 - Special Meeting THER JONES MAYOR 0000.. tar,��19$Of