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HomeMy WebLinkAboutMinutes City Council - 01/07/1981PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Council Members: Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 7, 1981 2:00 P.M. Sample City Manager R. Marvin Townsend Ass't. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend John T. Bryant of the New Hope Independent Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Best. City Secretary Bill G. Read called the roll of required Charter Officers and veri- fied that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones administered the oath to new appointees to City Boards and Commissions. Mayor Jones called for appointments to Boards and Committees. He briefly reviewed the appointees discussed during the morning Workshop Meeting. Motion by Diaz that the following appointees be confirmed, seconded by Sample, and passed unanimously. LA RETAMA LIBRARY BOARD: Mrs. Jeff Bell Mr. Jim Boggs Mr. Steven Fieldcamp MECHANICAL ADVISORY BOARD: Hoyte Gentry (Master Plumber) Clarence Neal (Air conditioning) Reverend Kenneth Body (not connected with bldg. industry) Alfred Longoria (air conditioning) James W. Barnette (commercial builder) LANDMARK COMMISSION: Robert Kipp (architect) Margaret Ramage Norman C. Delaney (historian) Clara Davy Gladys Tilley Gladys Featherston Sam Allen, Jr. (practicing appraiser of real property) J. Carter Howald (practicing architect) MICROFILMED TERM TO EXPIRE: 11/5/82 11/5/82 11/5/82 1/02/83 1/02/83 1/02/83 1/02/83 1/02/83 11/20/82 11/20/82 11/20/82 11/20/82 11/20/82 11/20/82 11/20/82 11/20/82 ,stp 1984 SEEP 191984 Minutes Regular Council Meeting January 7, 1981, Page 2 CITIZENS ADVISORY HEALTH & WELFARE BOARD: Ms. Geri Smith (City) Ms. Miltan Martiz (City) BOARD OF ADJUSTMENT: Mr. Bill Andrew ELECTRICAL ADVISORY BOARD: Mr. Bill Miller (electrical engineer) Mr. Joe Guerra (master electrician) Mr. Charles Eaton (journeyman electrician) Mr. Ron Watson (home builder) Mr. Roberto Perez (citizen at large) Mr. Edmund J. Rotter (citizen at large) SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE: Mr. Sergio Tremolada Mrs. Josephine Dobson Mrs. Elizabeth Price Mrs. Flora Pockrus Mr. Joseph Tassler Ms. Jo Ann Luckie Mrs. Margaret Barnes Mrs. Katherine Roberts Ms. Elizabeth A. Erkel AD HOC COMMITTEE FOR OFF-SITE UTILITIES: Mr. Sonny Ewing Mr. Gene Urban Mr. Tim Clower Mr. Jim Howry Mr. Ray Peterson Dr. Nancy Bowen Mr. W. E. Garrett * * * * * * * * * * TERM TO EXPIRE: 11/11/83 11/11/82 4/04/82 12/31/82 12/31/82 12/31/82 12/31/82 12/31/82 12/31/82 12/26/82 12/26/82 12/26/82 12/26/82 12/26/82 12/26/82 12/26/82 12/26/82 12/26/81 Mayor Jones next called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a. Bids be received on February 4, 1981 for mineral leases underlying 388.6 acres at International Airport and 68 acres at the Westside Wastewater Treatment Plant at Greenwood Road and Saratoga Boulevard. A number of operators have expressed an interest in bidding on the leases. The primary term for the Airport lease would be 3 years and for the Westside Treatment Plant 5 years. All drilling on the Airport lease would be required to meet applicable Federal Aviation Administration and Airport zoning regulations. No drilling would be allowed from the surface at the Westside Plant lease. The minimum cash bonus would be $50 per acre; the minimum delay rental $10 per acre and the minimum royalty 1/5 or 20%. i Minutes Regular Council Meeting January 7, 1981 Page 3 b. Proposals be received February 11, 1981, at 2 p.m. for construction and operation of a bait stand on the south shore of Nueces Bay between the Causeway and the public boat ramp. Several persons have expressed an interest in establishing a bait stand at this location, and two written proposals have been submitted. The City has received a 20 -year lease from the School Land Board and the necessary agreement has been approved by the State Highway Department. The proposals would be for construction and operation of the facility for a term up to 20 years. The best proposal would be selected based on quality of construction and hours of operations. Rent is proposed to be $100 per month for the first year; $200 per month or 5% of gross for the second year; and open to both parties for renegotiation thereafter with the City reserving the right to increase up to 25% per year if there is no mutual agreement. c. The lease with Corpus Christi International Seaman's Center for a portion of the Park and Recreation Building be renewed for two years with a reduction in the area leased from 3,113 to 2,608 square feet to provide additional office space for Park and Recreation. The Seaman's Center pays for utilities and maintains the interior and heats and air conditions the portion of the building leased. d. A park deferment contract be approved with St. Clair Street Structures, Inc. on St. Clair Industrial Park, Block 4, Lot 5, containing 10 acres in accordance with park section of the Platting Ordinance. .The tract located on the east side of Heinsohn Road north of Bear Lane, is platted for industrial use. If any of the lots are used for other than uses requiring "I-2" Light Industrial or "I-3" Heavy Industrial zoning, the owner of the lots so used will pay money in lieu of park land dedication for the lots with non -industrial uses. e. The recommendation of the Park Board be approved that the leasehold interest at the Corpus Christi Golf Center, the Clubhouse, and all related improve- ments and equipment be acquired by the issuance of $440,000 of revenue bonds at 6% interest and maximum life of 10 years, backed solely by the pledge of Golf Center gross revenues. The City would commence operating the course on February 1, 1981. The Golf Center would be accounted for in a separate fund and would continue to pay rent and a payment in lieu of property tax . to the General Fund. f. The recommendation of the Animal Advisory Board be approved that a revised animal control ordinance be adopted. Significant recommended changes are as follows: (1) Establish a minimum fine of $25. (2) Require licensing and vaccination of cats, increase the license fee from $2 to $3 if the 'animal has been spayed and to $6 unspayed, and allow Veterinarians to issue licenses. (3) Require $10 annual permits for commercial animal establishments such as pet shops and kennels. The current ordinance only authorizes the Director of Public Health to issue regulations for these facilities. (4) Require dogs to be restrained by a fence or a leash even if on its owners' property. A dog owner would be in violation if he "fails" to keep his animal under restraint. The ordinance establishes the following acts of public nuisance: molests passers-by or passing vehicles, attacks other animals or human beings, trespasses on school grounds, is repeatedly at -large, damages public or private property or excessive barking or barking at unreasonable hours. Minutes Regular Council Meeting January 7, 1981 Page 4 (5) Change impoundment fees from $5 to $10 for the first impoundment and $20 for the second or subsequent impoundment within a 24 -month period. The Director of Public Health would set and publish the boarding charge not to exceed cost. The current charge is $1.50 per day. When reclaiming an unspayed animal, the owner would have to pay a $25 deposit which could be reclaimed only if the animal is spayed within 30 days. (6) Require permits for guard dogs for commercial property (one year - $15). (7) Add snakes to the list of animals prohibited. (8) Prohibit the keeping of fowl and livestock and more than six pets within 500' of any food service or processing establishment. * (9) Rl-}ow--the•-des-i-gn,a-itior--o-a•r-aa-s- }tJ}i-n•-parks.-as--dog-ritr+s. The Park Board recommends against the designation of dog run areas within parks. In regard to item "c", Mayor Jones inquired if the board of the Corpus Christi International Seaman's Center were willing to have their space in the Park and Recreation building reduced as recommended. City Manager R. Marvin Townsend stated that the Park Board and the staff of the Seaman Center have agreed to the reduction in space in order to provide the needed space for the Park and Recreation Department. Mayor Jones referred to Section (9) of item "f" which allowed for the designation of areas within parks as dog runs and pointed out that dog owners must have dogs on a leash and he was of the opinion that to allow dogs to run free in the park might create a problem particularly in cleanup. He indicated that he did not believe that this was necessary and asked who was the advocate of this portion of the ordinance. City Manager Townsend explained that a dog that is owned by family that does not have much yard space in which to allow them to run needsan area designated for this purpose. He stated that the recommendation originated with the Animal Control Advisory Board. g. Uniform supply contracts for twelve months be awarded to: Factory Sales Company, Houston Fire $ 33,881.00 Airport 7,728.60 Total $ 41,609.60 Famous Department Store, Corpus Christi Police $ 31,889.45 School Crossing Guards 5,875.74 Transit 4$ Total - , lection'was eliminated by motion, See page 8 Minutes Regular Council Meeting January 7, 1981 Page 5 Police (including school crossing guards) and transit include local alter- ation service. Only one bid was received for fire uniforms. A bid with local alteration service and one without local alteration service were received on the other departments requirements. Both awards includes approximately 1518 trousers, 1958 shirts, 129 jackets and coats, 72 skirts and 209 hats. Price comparison reflects an increase of approximately 22%. Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. George Dawson, President of the Seaman's Center Board, informed the Council that the Board is in concurrence with the reduction in space because they understood the problems that the Park and Recreation Department has. Dr. Dayton Prouty, Chairman of the Animal Control Advisory Board, assured the Council that it was not the intention of the Board to designate dog runs in parks that are normally thought of as popular parks used by children but intended such dog runs to be designated in parks such as Bill Witt Park at Rodd Field. City Manager Townsend pointed out that this is outside the City limits and would not be covered by this ordinance. Dr. Prouty stated that they felt that this should be included in the ordinance anyway. City Manager Townsend noted that if the Park Department works something out in regard to dog runs in parks, then this could be approved by the Council at a later date. Council Member Best referred to the requirement that cats must be vaccinated and licensed and inquired if license tags will have to be worn by cats. Dr. Prouty replied that this would be up to the individual owners as to whether or not the cats wear their tags. Council Member Zarsky inquired as to how cats could be identified as having been vaccinated and licensed if they do not wear tags. Dr. Prouty replied that he did not have any other plan to identify the cats that have been vaccinated and licensed. He stated that Animal Control will allow owners to identify their cats by bringing their license tags with them if they should be picked up and taken to the Animal Control Center. He expressed the opinion that most of the cats will be vaccinated. Council Member Zarsky asked about the restrictions that will be made on cats running loose and City Manager Townsend replied that their is no leash requirement for cats, therefore, there will be no authority to pick up the cats. Minutes Regular Council Meeting January 7, 1981 Page 6 Speaking in regard to the same item was Mr. Jack Avery, 805 South Carancahua, who stated that he was familiar with the same situation in any city in which he had lived and in which they did require vaccination for cats. He stated that there was a problem in the other cities in enforcing it and they devised a small brass clip that was attached to the cat's ear after it has been vaccinated and licensed. He stated, however, that it could be attached to a collar in some cases. He pointed out that a citizen who cares for his cat will obtain a vaccination and license but noted that there are some cat owners who could not afford to pay the fee. He suggested that a free vaccination be provided. Council Member Zarsky agreed with Mr. Avery's suggestion and stated that he, too, felt that a clip or some object could be attached to the cat's ear. He also agreed that the cost should be kept as low as possible. Mr. Avery also referred to the excessive barking of dogs and pointed out that they could be barking at a prowler or someone else who had no business in the neighborhood. He agreed that many citizens released their dogs and the dogs that are kept in their yards will be the only ones penalized by this portion of the ordinance. He expressed the opinion that it will be almost impossible to control the barking of dogs. Mr. Avery • also suggested that the employees of Animal Control Division be allowed shots to animals. Council Member Turner suggested that in order to encourage vaccination of animals that the City arrange to give shots at no cost to the owner on certains days of the week. City Manager Townsend stated that there is nothing in the ordinance to provide free vaccinations. Mrs. Ross Carney, 6918 Pharaoh, stated that when she calls Animal Control, the employees there ask her to restrain the dog that is running loose and pointed out that this was almost impossible to do. City Manager Townsend agreed that the City cannot request citizens to restrain dogs, but as a practical method of having the dogs picked up, it helps the employees locate the animals if they have been restrained. Mrs. Carney also suggested that a requirement be placed in the ordinance to the effect that all cats should be neutered and Mayor Jones agreed that this was a good idea. Council Member Turner asked for the Staff's opinion of requiring a clip to be placed on the ear of a cat that has been vaccinated. to administer Minutes Regular Council Meeting January 7, 1981 Page 7 Dr. Christopher Buttery, Director of City -County Health and Welfare Department, stated that there is no way that the City will have resources to assure that all loose dogs in the City will be picked up but the increase in fees for animals that have been picked up will be beneficial in providing funds for the necessary manpower. Dr. Buttery then provided figures on the number of dogs and cats euthanized. Council Member Zarsky asked for Dr. Buttery's opinion about the possibility of placing a clip on the ears of cats that have been vaccinated. City Manager Townsend expressed the opinion that there must either be a way to enforce this portion of the ordinance or it should be eliminated. He stated that he will have a recommendation on this portion at next week's meeting. Council Member Diaz stated that he is definitely in favor of passage of this ordinance, particularly, because it will help protect small children from attacks by vicious dogs. He stated he felt that dogs running loose are a real menace and dangerous to the citizens of Corpus Christi. Mr. Floyd Lambert, 485 University Place, inquired as to how the portion of the ordinance referring to excessive barking will be enforced. He expressed the opinion that the portions of the ordinance that are unenforceable should be deleted. Mr. Lambert informed the Council that he had been to Municipal Court twice in regard to a neighbor's dog that barked incessantly but to no avail. City Manager Townsend stated that he would like to check these court cases because the ordinance, as it exists now, is enforceable as long as there is a witness. Mr. Lambert pointed out that even the police officers can tell you that they cannot control barking. Mayor Jones stated that he was of the opinion that if dogs are not controlled by the owners then those owners should be issued a citation. City Manager Townsend assured Mr. Lambert that he would check the court cases referred to, to see why this ordinance was not enforced. He assured Mr. Lambert that if a com- plaing list witness was there to testify, there is no reason why the ordinance could not be enforced. Mr. J. E. O'Brien spoke in regard to Item "e" which pertains to the Corpus Christi Golf Center and questioned the urgency of the City's purchasing this center. He reminded the Council that the Budget Advisory Committee had included in their report to the Council the recommendation that the Oso Golf Course be turned over to private enterprise since it costs the City money to operate it. Mr. O'Brien Minutes Regular Council Meeting January 7, 1981 Page 8 suggested that rather than the City's taking over the operation of the Golf Center that they consider a contract for the operation of the Golf Course with a private individual. He also questioned the feasibility of the issuance of $440,000 in revenue bonds that are backed solely by revenues from the Golf Center. Mayor Jones pointed out that the Golf Center belongs to the City and they are attempting to keep the golf course so that it will not become a liability since the lessee wants out of his lease. He assured Mr. O'Brien that none of the taxpayers' money or assets will be used to pay off the revenue bonds. Mr. O'Brien expressed the opinion that if the City plans to operate the Golf Center and if the same situation occurs there as exists at the Oso Golf Course, it will cost the City money to operate it. Mayor Jones assured him that this is the only way to solve the problem of the Golf Center operation. Mr. O'Brien expressed the opinion that the City should attempt to find some other means of solving this problem. Mayor Pro Tem Sample informed Mr. O'Brien that this discussion was held last week on what to do about the Corpus Christi Golf Center and apparently, the Corpus Christi Taxpayers' Association and the Council are diametrically opposed on another issue. There were no further comments on the City Manager's Reports. Motion by Zarsky that the City Manager's Reports, items "a" through "g" be approved; seconded by Dumphy; and passed unanimously. City Manager Townsend asked about the dog runs in the park which are still included as a part of item "f". Motion by Dumphy that Section (9) of item "f" be eliminated; seconded by Zarsky; and passed unanimously. ********** Mayor Jones announced the public hearing on the following matter: a. Request of Sitterle & Company to revise the drainage master plan in the area bounded by South Padre Island Drive, Bear Lane, Old Brownsville Road and Cliff Maus Road. The Planning Commission recommends the change, subject to the right-of-way issue being resolved by the City Council. The staff recommendation is that the change making the proposed ditch longer, more costly to maintain and a little less efficient should only be approved if the applicant provides the needed right-of-way and digs an initial ditch. Minutes Regular Council Meeting January 7, 1981 Page 9 City Manager Townsend explained to the Council that this is a request to amend the Master Drainage Plan; it was considered by the Planning Commission; and they recom- mended approval subject to settlement of the right-of-way issue. ' Mr. James K. Lontos, Director of Engineering and Physical Development, located the area which is to'be changed on a reap, noting that it is in the area of Padre Island Drive, Bear Lane, Cliff Maus Drive, and Old Brownsville Road. Mr. Lontos stated that the Master Drainage Plan shows two areas going into the Kelley Ditch Baldwin Farms Drainage Outfall and one other. He explained that this particular request involves the proposed drainage which now goes in a straight line from Bear Lane; that the applicant wishes to have the drainage changed so that the drainage ditch will abut their tract of land. He stated that from an engineering standpoint, it seems that the plan can be changed provided that the right-of-way involved is donated by the applicant and that the applicant also digs the initial ditch. City Manager Townsend elucidated by stating that the applicant just wants to move the drainage back to the outside edge of their property. He stated that the City has no objection to the change but feels that the applicant should pay for the extra cost including extra right-of-way.. Mayor Jones called on the applicant to speak at this time. Mr. Jim Naismith, representing Sitterle and Company, reminded the Council that this is the same tract that was recently considered in a zoning application. Mr. Naismith explained that the applicant needs this change in order to provide drainage to serve the property; the tract involved is about 113 acres; and explained the various revi- sions they have made to comply with City requirements. He stated that the applicant was told by the City Staff to contact the abutting property owner to see if he objected to the change in drainage. Mr. Naismith indicated that the abutting pro- .. perty owner agreed to the change in the Master Drainage Plan. He explained that the applicant has requested this change because this seems to be the best way to develop their property. Mayor Jones interrupted the hearing in order to allow Council Member Diaz to make an announcement. Council Member Diaz informed the Council and the audience that the Governor's Office had just called him to inform him that he had been appointed Judge of the 94th District Court. Mr. Diaz expressed appreciation to all of the Council Members who had supported him in this appointment as well as City Secretary Read. He informed the Council that Judge Max Bennett will swear him in as Judge of the 94th District Court. Minutes Regular Council Meeting January 7, 1981 Page 10 Mayor Jones ascertained that no one in the audience wished to speak in regard to this request for a change of the Master Drainage Plan. City Manager Townsend commented that the Staff recommends approval of this change only if the developer pays the costs. Mr Brian McDonough,:of Sitterle and Company, stated that the adjacent property owner is Mr. Sorenson and pointed out that there is a highway on his property; he had discussed this with Mr. Sorenson; and the plan they have is that they would:trade one acre of their land for another acre, therefore, the new property line would be changed. He informed the Council that he had agreed to purchase three acres from the Sorenson tract and they were willing to do this in order not to have to dedicate more land for the drainage. He noted that the Sorensons agreed to accommodate Sitterle and Company if the City will adopt this as the Master Drainage Plan and if the City will purchase from the Sorensons some land for the drainage easement. He noted that the cost would be approximately $10,000 to $15,000. Mr. McDonough pointed out that his company would dedicate four acres of their land and they have agreed to provide the construction costs for the full ditch as well as a pilot ditch. He stated that the only problem seems to be the acquisition of a certain piece of land by the City. He agreed that the developer would benefit from this drainage change but pointed out that they are dedicating a substantial portion of the land to be dedicated; they also have to dedicate land for a park; and in providing the implementation of this drainage, they will be providing more than one-half of the dr,inage for the area. He stated further that the State Department of Highways and Public Transportation has agreed to construct the road crossings on Old Brownsville Road. Mayor Jones inquired if according to the original Master Drainage Plan, the City would have had to acquire land. City Manager Townsend replied that it is the City's position that the acquistidn by the City would have ended at Old Brownsville Road. Mr. Townsend asked Mr. McDonald what the City would do and what Sitterle and Company would do if the City did purchase the acreage and if it was Sitterle's intention to build a substantial ditch all the way to Padre Island Drive and a pilot ditch the rest of the way. Mr._McDonougC agreed that this was what they intedded to do. City Manager Townsend expressed the opinion that the Staff does not feel that the City should participate in the ditch north of Old Brownsville Road, but, if Sitterle and Company agrees to build a substantial ditch then the problem might be worked out. Minutes Regular Council Meeting January 7, 1981 Page 11 Mr_._McDonoug reiterated that the cost to the City would be approximately $12,000. Speaking in favor of changing the Drainage Plan, was Mr. W. L. Bates, who stated that he has been involved in the drainage problem in that vicinity for many years and that he feels that this would provide drainage for the school in the area. He pointed out that Sitterle and Company are willing to spend money to provide drainage and he feels that this is a fair proposal. Also speaking in favor of the change in the Master Drainage Plan was Mr. Albert Lichenstein, 333 Cape Hatteras, who reminded the Council that the City announced its intention to provide the means to construct the industrial park and this company's plans will compliment that industrial park. He urged that the Council agree to the change of the Master Drainage Plan. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Best that the City indicate their intent to approve the Master Drainage Plan change and that the Staff and the applicant work out the details in regard to the property to be purchased and the right-of-way to be dedicated and that the company arrange to construct their ditch and the pilot ditch; seconded by Dumphy; and passed unanimously. * * * * * * * * * * * Mayor Jones announced the second public hearing as follows: b. Closing of Paloma Street from Ocean Drive to Corpus Christi Bay. The two abutting owners have requested that the street be closed because of the nuisance caused to them by persons parking in the right-of-way late at night. This section of Paloma Street is approximately 300' long and dead ends at Corpus Christi Bay. No public utility or storm sewers are located within the right-of-way. The closing is not recommended because it will limit public access to Corpus Christi Bay for residents along Paloma Street and the public generally. City Manager Townsend informed the Council that this request is from Mr. Richard Haas and Mr. and Mrs. Guy Warren, who own adjacent property to this portion of Paloma Street. He stated that this portion is at the end of Paloma where it crosses Ocean Drive and extends to the Bay. Mayor Jones inquired if this matter should be referred to a board or commission and City Manager Townsend replied that it would not automatically be referred to any board. He then showed slides of the street and stated that it is a public access to the Minutes Regular Council Meeting January 7, 1981 Page 12 bay for any citizen who wished to in that area. He informed the Council that the appropriate parties within 450 feet of the area had been notified of the request to close the street. He explained that the street was provided in the original platting of the subdivision. He stated that one phone call in opposition to the closing had been received as well as a letter from Mr. Charles Butt, who indicated he was in favor of the closure. Mr. Townsend explained that the street is not used for any utility purpose-, and due to the fact that it is a place for people to park, this could cause some irritation to the neighborhood. He stated that since the portion of the street does provide access, the Staff does not recommend closing the street. Council Member Turner inquired about the possibility of selling the land rather than giving it to the abutting property owners. City Manager Townsend explained that the matter of whether or not the City can charge for the closing of a street has not been resolved even though at one time many years ago, the City was paid for the closing of a street. Council Member Dumphy expressed the opinion that if the City leaves the street open, the City should do something to maintain the street and the street should be paved. Mayor Jones pointed out that this street serves as a driveway to the Haas home. City Manager Townsend explained that the street can be restricted in any matter that the Council desires. Mayor Jones invited the applicant to speak at this time. Mr. Richard D. Haas, 4850 Ocean Drive, stated that the owners in the area put in the curbs and they have maintained the property for a number of years and attempt to keep it mowed. He informed the Council that they have had three burglaries at that location. He stated that the reason they wanted the street closed was because young teenagers park there, play loud music, and are generally a nuisance. He stated that there is a problem in keeping the fences up because the vehicles back into them in exiting the street. He expressed the opinion that it is dangerous for vehicles coming out of the area into Ocean Drive and summarized by stating that they either want the street closed or for the City to provide maintenance of the street. Council Member Zarsky inquired of Mr. Haas how he plans to keep vehicles and people out of there if they have to use the street to get to their garages and Mr. Haas stated that he would like to have the street officially closed so that parking would not be allowed there. Minutes Regular Council Meeting January 7, 1981 Page 13 Council Member Diaz pointed out that Poenisch Street is just two blocks away where access to the bay is provided. Mayor Jones inquired if there are any other streets extending off Ocean Drive in a similar situation and Mr. Haas replied that there are none exactly like this. City Manager Townsend stated that there is one other deadend street called Rossiter which is about the same situation which the abutting property owners have asked to be closed. Mayor Jones asked Mr. Haas if he had any idea how much his property would be improved if the street is closed and Mr. Haas stated that he did not believe that it would enhance his property at all. City Manager Townsend pointed out that if the street is closed, the extra 50 feet awarded to the abutting property owners would go on the tax roll on a front -foot basis. Also speaking in favor of this request was Mr. Guy Warren, who stated that he has lived there for forty-three years and in that time the City has never spent any money to improve the street. He stated that he and Mr. Wilson had cooperated to build the seawall and explained the history of the area. He also stated that he feels that this street should be closed and placed on the property tax rolls. He agreed that a similar request has been before the Council previously and at that time, the Council refused to close it because there was no access to the bay. Council Member Turner agreed that there are problems in closing the street and asked Mr. Warren if he had ever considered asking the City if he could purchase that property. Mr. Warren questioned whether or not the City could legally sell that property and City Manager Townsend explained that the City could not sell it competively, and a previous Council had ruled that the street could not be closed without a price since the street was acquired through dedication. Mayor Pro Tem Sample stated that he did not feel that the City should even consider charging for closing a street and if there is a need to close a street, it should be closed and the abutting property owners should have to pay taxes on the land that they acquire. Council Member Best stated that he agreed with Mayor Pro Tem Sample on ordinary property but the property on that side of the bay was sold for a very large sum and he did not feel that it should be given to the abutting property owners. Council Member Diaz stated that he agreed that the street should be closed. Minutes Regular Council Meeting January 7, 1981 Page 14 Speaking in opposition to the street closing was Mr. Spencer Pearson, who resides on Paloma Street. He presented the Council with copies of his letter of objection stating that he lives on Paloma Street and although he is very fond of Mr. Warren, he is opposed to this street closing because it would eliminate the access from Paloma Street to the bay. He informed the Council that members of his family have enjoyed this access to the bay on many occasions and he is opposed to any abandonment of any property that abuts Corpus Christi Bay. He reminded the Council that the City has purchased a great deal of bayfront area in the open -space program and pointed out that no more land should be taken away from the public. Council Member Zarsky stated that he did not feel that the public could use the street very well at this location and again stated that he did not feel that public property should be abandoned on Ocean Drive. He suggested that instead, posts be installed to prevent vehicles from going down that street. Council Member Turner asked the City Manager if the City maintained this, would it be possible to develop it as a very small recreational area. City Manager Townsend informed the Council that he was of the opinion that this streets serves as a viewpoint of the bay for the residents of Paloma Drive and questioned what kind of maintenance could be done. He agreed that there should be some kind of delineation, that there is a dropoff into the bay at the end of the street. Mayor Pro Tem Sample pointed out that the Council should remember that the more intense the use becomes, the people on the property on each side are going to be harrased and subject to burglaries. Mr. Pearson pointed out that if closing that street was done just to protect two property owners there are probably a .lot of other streets in this City that should be closed to protect the adjacent residents also. Mayor Pro Tem Sample expressed the opinion that this is a special situation and the street should be closed. Council Member Best inquired if in fact the Council agrees to close this street, if the property owners plan to build fences to keep people out. Mr. Warren stated that he uses Paloma Street for access to his property and there would have to be a gate installed anyway. Council Member Zarsky asked Mr. Haas if the City agrees to barricade the street so that cars could not go down to park at the bay would this be satisfactory and Mr. Haas rep'4 d that if the street is closed, he and Mr. Warren would be willing to install a Minutes Regular Council Meeting January 7, 1981 Page 15 fence with a gate so that they could continue to maintain the seawall. City Manager Townsend informed the Council that if they decide to close the street, the usual procedure is to require that something be constructed to remove all semblance of a street so that the public will be aware that it is closed. Mr. Noe Morin , a525 Johanna Street, expressed the opinion that the City could do something to barricade the street to allow pedestrians to use the street but prevent people parking there. Mr. Morin stated that although he does not live in the area, he does enjoy the view at this point, and expressed the opinion that something should be worked out other than closing the street. Mr. Pearson stated that'he does not object to blocking the street from vehicular traffic but he feels that the public should retain the property. No one else spoke in regard to this street closing. Motion by Zarsky that the hearing be closed, seconded by Turner, and passed unanimously. Mayor Jones stated that he has long been associated with both of these families but he does not feel that he can vote to close this street and expressed the opinion that the City should do something to protect the applicants' property. Council Member Zarsky stated that he felt that if vehicular traffic and parking could be prohibited, it would allow the residents of the area and the immediate vicinity to walk to the bay. He indicated that he would be in favor of recommending denial of this street closing request but suggested that the street be barricaded in some manner to restrict it to pedestrian traffic only. He stated that he would make a motion to that effect and it was seconded by Best, who stated that he did not feel that closing this street is in the best public interest and the motion passed by the following vote: Jones, Best, Turner and Zarsky voting, "Aye"; Sample, Diaz, and Dumphy voting "Nay". ********** Mayor Jones announced the scheduled public hearings on zoning applications. City Manager Townsend announced the public hearing on Application No. 1180-5, Mr. R. K. Clawson, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 30, Block 1, Lexington Subdivision located on the north side of Johanna Street, approximately 600' west of Richter Street. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial. Chief Planner Larry Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area noting that this is an area of single-family Minutes Regular Council Meeting January 7, 1981 Page 16 homes and the applicant the extension of his business and additional parking. He then showed slides of the area. Mr. Wenger stated that because of the opposition expressed by property owners in the area, the 20% rule is in effect as well as the fact that the Commission recommends denial of the request. Mayor Jones invited the applicant to speak but it was ascertained that he was not in the audience. Mayor Jones then called for those who wished to speak in opposition. Mr. Noe Morin, 2525 Johanna Street, stated that he is opposed to changing any of the property on this street to commercial use because it is valuable land but it is primarily residential. He then presented a petition signed by 16 residents of Johanna Street expressing opposition to this zoning request. No one else spoke in regard to this application Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Diaz that the Council concur with the recommendation of the Planning Commission and deny the request for "B-4" zoning; seconded by Turner; and passed unanimously. * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1180-8, Messrs. Ray Wasserman and James R. Kidwell, for a change of zoning from "A-2" Apartment House District to "AB" Professional Office District on Lot 3, Club House Place located on the south side of South Alameda Street, approximately 800' east of Poenisch Drive. He stated that both the Planning Commission and the Planning Staff recommend approval. Mayor Jones ascertained that no one in the audience wished to speak in regard to this application. Motion by Diaz that the hearing be closed, seconded by Zarsky, and passed unanimously. Motion by Dumphy that the Council concur with the recommendation of the Planning Commission and approve the zoning of "AB" for Application No. 1180-8; seconded by Turner; and passed unanimously. ********** City Manager Townsend announced the public hearing on Application No. 1180-9, Mr. Jon Held, for a change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on a 5.03+ acre tract of land being a portion of Lots 6 and 7, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, located on the southwest corner of Glenoak Drive and Held Drive. City Manager Townsend noted that the Planning Commission recommends denial of the requested zoning but in lieu thereof, that "A-1" Minutes Regular Council Meeting January 7, 1981 Page 17 zoning be approved, and that the Planning Staff recommends denial of "A-2" and in lieu thereof, "R-2" zoning. Mr. Townsend noted that there was no response to the notices of the public hearing. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides, and stated that the owner plans to develop multiple -family housing in this area. Mr. Jon Held, the applicant, stated that he would be agreeable to the "A-1" zoning as such zoning would allow him to construct 100 units on five acres, noting that this was the amount of land listed in the zoning summary. City Manager Townsend commented that if "A-2" zoning is approved for this tract, it would place the greatest density in an area that is furthest from collector streets. Council Member Best pointed out that if Mr. Held actually has five acres in the tract, he could build 100 units in "A-1" zoning. Mr. Held indicated that this is really all he wanted to do, and if it is determined that the tract actually consists of five acres, which would allow for the construction of 100 units, he would not object to the "A-1" zoning. No one else spoke in regard to this zoning application. Motion by Turner that the hearing be closed, seconded by Best, and passed unanimously. Motion by Turner that the requested "A-2" zoning be denied, but in lieu thereof, "A-1" zoning be approved for Application No. 1180-9; seconded by Best; and passed by the following vote: Jones, Sample, Best, Diaz, Turner and Dumphy voting "Aye"; Zarsky "abstained" since he is associated with Mr. Held. * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1180-10T, City of Corpus Christi, Text Amendment to the Zoning Ordinance, Article 31, Newly Annexed Territory, Section 31-5, by adding thereto one new subsection to be No. 31-5.25, to prezone a tract of land to "I-2" Light Industrial District prior to annexation located along Clarkwood Road approximately 3650' south of U.S. Highway 44 (Agnes Street). He stated that both the Planning Commission and the Planning Staff recommend approval. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. Mayor Jones ascertained that no one in the audience wished to speak on this applica- tion. Motion by Diaz that the hearing be closed, seconded by Turner, and passed unanimously. Minutes Regular Council Meeting January 7, 1981 Page 18 Motion by Diaz that the zoning of "I-2" for the newly annexed territory as des- cribed be granted; seconded by Sample; and passed by the following vote: Jones, Sample, Best, Diaz, and Turner voting "Aye"; Dumphy and Zarsky, "absent" at the time the vote was taken. ********** Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda; there were no comments from the audience; City Secretary Read polled the Council for the votes; and the following ordinances were approved: FIRST READING: AUTHORIZING A TWO-YEAR SEAMAN'S CENTER, INC., FULLY SET FORTH IN THE HERETO AND MADE A PART The foregoing ordinance by the following vote: "Aye". FIRST READING: LEASE AGREEMENT WITH THE CORPUS CHRISTI INTERNATIONAL FOR A PORTION OF THE PARK AND RECREATION BUILDING, AS MORE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HEREOF, MARKED EXHIBIT "A". was read for the first time and passed to its second reading Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting, REPEALING CHAPTER 6 ANIMALS AND FOWL, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AND SUBSTITUTING THEREFOR A NEW CHAPTER 6 ANIMAL CONTROL, DESIGNATING THE ANIMAL CONTROL SECTION, ANIMAL CONTROL SUPERVISOR AND ANIMAL CONTROL OFFICERS, AND PROVIDING FOR THE REGULATION OF ANIMALS AND THEIR KEEPING WITHIN THE CITY, INCLUDING REQUIRING DOGS AND CATS TO BE LICENSED, REQUIRING COMMERCIAL ANIMAL ESTA- BLISHMENTS TO HOLD PERMITS, REQUIRING COMMERCIAL ANIMAL ESTABLISHMENTS TO HOLD PERMITS, REQUIRING PERMITS FOR GUARD DOGS, PROVIDING FOR REVOCATION OF LICENSES AND PERMITS FOR VIOLATIONS OF THIS CHAPTER, REQUIRING RABIES VACCINATIONS FOR DOGS AND CATS, REQUIRING THE HUMANE KEEPING AND TREATMENT OF ANIMALS, REQUIRING ANIMALS TO BE KEPT UNDER RESTRAINT AND NOT RUN AT LARGE, PROVIDING FOR THE IMPOUNDMENT OF ANIMALS FOR VIOLATIONS OF THIS CHAPTER, PROVIDING FOR REDEMPTION OF IMPOUNDED ANIMALS WITHIN THREE DAYS, PROVIDING FOR REDEMPTION OR ADOPTION FEES AND DEPOSITS, REQUIRING THE REPORTING OF, IMPOUNDMENT AND QUARANTINE OF ANIMALS SUSPECTED OF HAVING RABIES, PROHIBITING VICIOUS DOGS IN PUBLIC PLACES, PROHIBITING CERTAIN ANIMAL EXHIBITIONS AND THE KEEPING OF CERTAIN ANIMALS WITHIN THE CITY, INCLUDING WILD ANIMALS AS PETS, PROHIBITING THE KEEPING OF LIVESTOCK OR FOWL EXCEPT UNDER CERTAIN CIRCUMSTANCES, PROHIBITING THE KEEPING OF MORE THAN SIX PETS WHOSE PENS COME WITHIN ONE HUNDRED FEET OF THE DWELLING OR BUSINESS OF ANOTHER OR WITHIN FIVE HUNDRED FEET OF ANY FOOD SERVICE ESTABLISHMENT, PROHIBITING THE KEEPING OF MORE THAN FOURTEEN ANIMALS ON ANY PREMISES IN THE CITY WHOSE PENS ARE WITHIN FIVE HUNDRED FEET OF ANY FOOD SERVICE ESTABLISHMENT, SETTING FORTH CERTAIN EXEMPTIONS TO DISTANCE AND NUMBER REQUIREMENTS FOR CERTAIN LABORATORIES, VETERINARIANS, PET SHOPS AND LAWFULLY EXISTING PREMISES AND PREMISES IN NEWLY ANNEXED AREAS, REQUIRING THE REMOVAL OF ANIMAL WASTE, AND PRESCRIBING PENALTIES FOR VIOLATION OF THIS CHAPTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye" Minutes Regular Council Meeting January 7, 1981 Page 19 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON AGNES STREET, BOTH SIDES, FROM SOUTH PORT AVENUE TO A POINT 590 FEET EAST OF BLUNTZER STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 15961: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, AS AMENDED, BY AMENDING ARTICLE III. PERMITS, PLATS AND FILING FEES, SUBSECTIONS 33-3.01, 33-3.02. AND 33-3.03 SO AS TO PROVIDE FOR PAYMENT IN ADVANCE OF $150 FOR APPEALS TO THE BOARD OF ADJUSTMENT; FOR CHANGE OF ZONING DISTRICT, PAYMENT OF $200 FOR LESS THAN 10 ACRES; $300 FOR 10 TO 20 ACRES AND $550 FOR MORE THAN 20 ACRES; AND PAYMENT OF $200 FOR FENCE EXCEPTIONS; PROVIDING FOR REFUND OF 35% OF THE APPLICATION FEE IF THE APPLICANT WITHDRAWS HIS REQUEST BEFORE IT IS FORWARDED TO THE CITY COUNCIL; DELETING SUBSECTION 33-3.04 IN ITS ENTIRETY; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 15962: AMENDING THE PLATTING ORDINANCE, ADOPTED BY ORDINANCE NO. 4168, AS AMENDED, BY AMENDING SECTION III, BY DELETING SUBSECTION A-1, FILING FEES, IN ITS ENTIRETY AND IN LIEU THEREOF ADOPTING NEW PROVISIONS; DELETING SUBSECTION C(5) IN ITS ENTIRETY AND IN LIEU THEREOF SUBSTITUTING A NEW SUBSECTION, SAID AMENDMENTS TO INCREASE FILING FEES ON PRELIMINARY PLATS; TO PROVIDE FOR RECORDING FEES TO BE DETERMINED AT THE SAME TIME AS THE FINAL PLAT; TO PROVIDE THAT PLAT DOES NOT EXPIRE AFTER SIX MONTHS AS LONG AS CONSTRUCTION IS UNDERWAY; AND TO INCREASE FILING FEES FOR ONE -LOT PLATS, ALL AS MORE FULLY SET FORTH HEREINAFTER; AMENDING SECTION VI, SUBSECTION D, BY CHANGING THE EXISTING TEXT TO INCREASE THE FILING FEE FROM $21 TO $50 FOR ONE -LOT PLATS IN PARAGRAPHS 2, 4(7); AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting, "Aye". ORDINANCE NO. 15963: AUTHORIZING THE CITY MANAGER TO EXECUTE A PARK DEFERMENT CONTRACT WITH THE DEVELOPERS OF ST. CLAIR INDUSTRIAL PARK, BLOCK 4, LOT 5, ST. CLAIR STEEL STRUCTURES, INC., WHEREBY THE REQUIREMENT THAT CERTAIN LAND BE DEDICATED FOR PARK PURPOSES IS WAIVED SO LONG AS EACH LOT IN THE SUBDIVISION IS UTILIZED FOR PURPOSES REQUIRING AN "I-2" OR "I-3" ZONING DISTRICT DESIGNATION WITH THE STIPULATION THAT IF ANY LOT IN THE FUTURE IS UTILIZED FOR OTHER THAN "I-2" OR "I-3" USES, THE OWNER PAY MONEY IN LIEU OF LAND DEDICATION PRIOR TO THE ISSUANCE OF A BUILDING OR OCCUPANCY PERMIT FOR THE LOT, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting, "Aye". Minutes Regular Council Meeting January 7, 1981 Page 20 ORDINANCE NO. 15964: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH NEWCORTEX, INC., FOR THE PURCHASE OF THE LEASEHOLD INTEREST AT THE CORPUS CHRISTI GOLF CENTER, 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 Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Diaz, Dumphy, and Zarsky voting, "Aye"; Best and Turner, "Nay". ORDINANCE NO, 15965: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS PROVIDING FOR THE ISSUANCE OF $440,000 CITY OF CORPUS CHRISTI, TEXAS, GOLF CENTER REVENUE BONDS, SERIES 1981; PROVIDING THAT SUCH BONDS WILL BE PAYABLE FROM AND SECURED BY REVENUES: PRESCRIBING THE FORM OF SAID BONDS; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Diaz, Dumphy, and Zarsky voting, "Aye"; Best and Turner, "Nay". RESOLUTION NO. 15966: ENDORSING PASSAGE BY THE TEXAS STATE LEGISLATURE OF SENATE BILL 56 RELATING TO THE EXEMPTION OF OUT-OF-STATE RESIDENTS UNDER 17 OR OVER 65 FROM BEING REQUIRED TO HAVE A FISHING LICENSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dlaz, Dumphy, Turner and Zarsky voting, "Aye". ORDINANCE NO. 15967: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, L937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MESSRS. RAY WASSERMAN AND JAMES R. KIDWELL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 3, CLUB HOUSE PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT: KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting, "Aye". ORDINANCE NO. 15968: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JON HELD, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 6 AND 7, SECTION 50, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting, "Aye". Minutes Regular Council Meeting January 7, 1981 Page 21 ORDINANCE NO. 15969: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO.6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.25, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS APPROXIMATELY 7.8 ACRES OUT OF THE THOS. GALLAGHER 400 -ACRE SURVEY NO. 402, ABSTRACT 988, REFERENCE DEED 209-587, HIGHWAY RIGHT-OF-WAY 885, 56, NUECES COUNTY, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foaregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting, "Aye". * * * * * * * * * * Mayor Jones called for petitions and information from the audience on matters not scheduled on the agenda. Mrs. Henrietta Newberry, representing the Corpus Christi Association for Retarded Citizens, stated that there seems to be some difficulty in their obtaining permission to use recreation centers for the retarded and handicapped. She objected to the delays on this matter. City Manager Townsend explained that this subject was on the morning agenda as a discussion item and the Park Department feels that this program would require a large expenditure to provide for Staff to work on the program. He stated that he could not recongend anything that would a involve a budgetary increase in view of the expenses incurred following Hurricane Allen. He expressed the opinion that such a program could be worked out with volunteers and reassignment of existing staff. City Manager Townsend then inquired of Mrs. Newberry if there is any reason why additional special skilled staff would be required. Mrs. Newberry explained that they had requested use of their recreation centers but not an increase in the budget noting that this was a recommendation of Mr. Orlie Lopez and Mr. Terry Dopson of the Park Department. She commented that although Lindale Recreation Center is opened to the public on Friday night, it is very seldom utilized. City Manager Townsend stated that if it is understood that there is no need for special skilled staff to carry out their program, he saw no reason why this should not be put in effect on a trial basis to run through May. Minutes Regular Council Meeting January 7, 1981 Page 22 Mrs. Newberry reiterated that the Association had agreed that they would like to have Lindale Recreation Center from 1:00 p.m. until 9:30 p.m. on Friday and Ben Garza Gym from 10:00 a.m. until 1:00 p.m. on Saturday for sports. She stated that they estimate that there are 20,000 retarded and handicapped people in the City of Corpus Christi who have no means of recreation. Council Member Turner stated that she feels that the City should accomodate the handicapped in some way and agreed that some center should be made available for the handicapped and retarded. - Mayor Jones suggested that this be listed as an agenda item next week. Speaking on the same subject was Mrs. Marjorie Troup, 219 Nile Drive, who informed the Council that they have tried for sometime to work out the recreation program for the handicapped. Mrs. Troup pointed out that they have visited Lindale Recreation Center and used it; one employee is there during the entire evening; that no one uses the center. She expressed the opinion that the Park and Recreation Department should allow the two employees who are on duty to be used for the recreation program for the handicapped. City Manager Townsend admitted that obviously he had not been brought up to date on this matter and these problems could be worked out. Mrs. Irma Suarez, 4826 Prescott Street, invited all of the Council Members to come to Lindale Recreation Center to observe their program for the handicapped. She stated that the Park Board was very impressed with the program and the participants in the program look forward to the dance every Friday night. City Manager Townsend inquired if it is the intention of the organization to have volunteers to assist in the program. Mrs. Suarez explained that the program was started as an experiment and they have acquired volunteers from Del Mar College and Corpus Christi State University. Mrs. Ruth Pope, 512 Peerman, stated that she has a blind son and informed the Council that the handicapped are neglected in this City. She stated that she serves as a volunteer for the program and she felt that the City should provide the same recreational program for the multi -handicapped as they do for normal children. She assured the Council that they will obtain volunteers. Mrs. Newberry reiterated that all they want is a place to have their events and they will provide volunteers for the programs. Mrs. Jay Byers, 4634 Blundell, stated that she has launched a campaign to ban fireworks in the City. She stated that on New Years Day their house was almost destroyed by three Minutes Regular Council Meeting January 7, 1981 Page 23 men who were shooting fireworks. Mrs. Byers said she had contacted Fire Chief Rogers who indicated that he had submitted a report to the City Manager. She stated that in discussion with Judge Barnes of Nueces County, he had explained that he had no juris- diction over the matter but he is willing to cooperate. She informed the Council she had also discussed this with State Representatives who informed her that legislation is being presented to ban fireworks in the entire State. She asked the Council to provide a resolution to support such legislation. City Manager Townsend informed Mrs. Byers that he had prepared legislation which he wanted to ask the local delegation to introduce. Council Member Dumphy stated that he felt that this matter should be pursued. Mayor Jones requested that the Staff prepare a resolution supporting such legislation to be presented next week. **********- There being no further business to come before the Council,on motion by Diaz, seconded by Sample and passed unanimously, the Regular Council Meeting was adjourned at 6:30 p.m., January 7, 1981.