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HomeMy WebLinkAboutMinutes City Council - 01/14/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 14, 1981 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky 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 Bob Meadows of Gardendale Baptist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem Edward L. Sample. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following proclamations: "GUS LA GRANGE DAY" - January 9, 1981; "TEXANS WAR ON DRUGS DAY" - January 14, 1981; and "PHI DELTA KAPPA WEEK" - January 18 - 24, 1981. Mayor Jones then administered oaths to new appointees to Boards and Committees. Mayor Jones then called on the representative of the Junior League to address the Council. Mrs. Bonnie Cohen expressed appreciation to the City Council and the City staff for their cooperation during Bayfest 1980. She then presented a check to the City in the amount of $4,427.00 and introduced her Co -Chairman, Mrs. Kathy Cable. Mayor Jones responded by expressing appreciation of the City for Bayfest '80 which is a very special event for the City of Corpus Christi. * * * * * * * * * * Mayor Jones announced bid openings on the following engineering projects: a. Sanitary sewer improvements in Oakdale Drive in Flour Bluff. This project was initiated by a petition from the Oakdale Drive residents and involves 2,300 feet of 8" sanitary sewer beginning at Caribbean Drive to serve the Oakdale area. MICROFILMED SP 1919A4 Minutes Regular Council Meeting January 14, 1981 Page 2 Mr. James K. Lontos, Director of Engineering and Physical Development, opened and read bids on this project from the following companies: Cactus Utility Company, Claude Chapman Construction Company, A & G Utility Company, and Isles Construction Company, all of Corpus Christi, and verified that the required bid security bonds had been sub- mitted with each bid. Mayor Jones stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommen- dation. b. Improvements to the Peoples Street T -Head. This 1977 bond program project provides new slips along the south stem and slip renovations along the west face. The number of slips will remain approximately the same. Hurricane Allen damage of $59,560 (the 75% federal share) will be requested to apply against the cost of repairs and improvements. The proposed work includes the following hurricane damage: water lines, marina patrol boat dock and 184 fiberglass gear boxes. Mr. Lontos then opened bids from the following companies on this project: Goldston Company, W. T. Young Construction Company and Texas Marine, Inc., all of Corpus Christi; and Brown and Root, Inc., Ingleside, Texas. Mr. Lontos verified that all bidders had submitted the proper bid security bond. Mayor Jones stated that these bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommen- dation. * * * * * * * * * * Mayor Jones commented that the Council had informally appointed Mr. Leopoldo Luna to fill the vacancy on the Council created by the resignation of Mr. David Diaz who had resigned to accept the position of Judge of the 94th District Court. He suggested that a motion might be in order to formally appoint Mr. Luna. Motion by Sample that Mr. Leopoldo Luna be appointed to fill the vacancy on the Council, seconded by Zarsky, and passed unanimously. Judge David Diaz administered the Oath of Office to Mr. Luna swearing him in as a Member of the City Council. Council Member Luna responded by thanking his employer, Mr. David Davila, and his wife for their support and expressed appreciation to his friends who were present for the meeting. Mr. Luna then assumed his chair at the Council table. * * * * * * * * * * Mayor Jones called for the City Manager's Reports. City Manager Townsend presented th 'owing items with related comments and explanations and recommended that: Minutes Regular Council Meeting January 14, 1981 Page 3 a. Sixty replacement police and fire cars be purchased on the basis of low bid from Creveling Motor Company, Corpus Christi 10 Intermediate 4 Door Without Police Package @ $6,594.40 $ 65,944.00 2 Intermediate 2 Door Without Police Package @ $6,467.25 45 Standard With Police Package @ $7,895.20 3 Standard With Police Package (for Fire) @ $7,895.20 12,934.50 355,284.00 23,685.60 $457,848.10 Bids were also received from Gainan's Chevrolet. Prices have increased 30% since the purchase in February, 1979. b. ARCO Oil and Gas Company be granted a permit to drill a well from a regular location five miles west of the Nueces Bay Causeway and 3,000 feet south of the San Patricio County shoreline in Nueces Bay. The State Tract 694 No. 2 well will be drilled as a straight hole to a depth of 4,100 feet. No exceptions to the Bay Drilling Ordinance are requested. * c. A 10 -foot utility easement out of Lot 16, Austin Addition No. 2 be closed subject to furnishing an alternate easement for a bypass sanitary sewer line to be built at the applicant's expanse. A new convenience store is planned at the location at the intersection of Airport Road and Morgan Street. d. A public hearing be held on January 28, 1981 for the closing of an unopened and unimproved alley in Blocks 9, 10, 11 and 12, La Pascua No. 2 Subdivision. Abutting owners have expressed a desire to close the alley which has never been utilized for vehicular access. Utility lines exist throughout most of the alley and utility easements will need to be retained. The alleys are parallel and perpendicular to Yolanda Drive between West Point Road and Bloomington. e. Various Water System Improvements, Phase II be accepted and final payment of $33,217.52 for a total of $314,132.31 be made to Isles Construction Company. This 4th Year Community Development Project provided installation of 13,000 feet of 6" to 12" diameter water lines in Monte Vista and Mussett Additions. The area involved is generally located between Alameda and 19th and between Leopard and Mussett Streets. f. The Annaville Road -Leonard Drive Drainage Improvements be accepted and final and total payment of $60,009 be authorized to Backhoe Lease Services, Inc. This 1977 Bond project provided 15" through 33" storm sewers in Annaville Road and Leonard Drive. A change order to the Airport Parking Lot contract for $5,335 be approved for replacement of a 20 -year old 5,000 volt power cable serving the parking lot transformer for the parking lot and loop road. g. h. Plans and specifications for four automatic gates at the Airport be approved and bids be received on February 11, 1981. The gates, to be installed at the Tower Building, Gault Aviation, DOT Helicopter Service and Chaparral Aviation are an FAA requirement and are an extension of the Airport's security system. The project is included in a Federal Aviation Agency grant and will be paid for 90% by F.A.A. and 10% by the City. * Note, this item was withdrawn by the City Manager Minutes Regular Council Meeting January 14, 1981 Page 4 Plans and specifications for sanitary sewer construction for Flour Bluff South End Laterals be approved and bids be received on February 11, 1981. This 1977 Bond project will provide 9,927 feet of gravity sanitary sewers in the following streets: Summit Drive Rex Lane Spring Lane Martha Drive Walker Drive Carp Drive Annette Drive Claudia Drive Whiteley Drive Laguna Shores Road A lift station to accommodate the proposed lines has already been installed at Whiteley and Carp Drives. City Manager Townsend reminded the Council that they had directed the Staff to start sewers in the far South Park of Flour Bluff. He displayed a map showing the area for which sanitary sewers will be provided. He pointed out that the area in the flight pattern of the Naval Air Station is excluded from this project. City Manager Townsend explained that a survey had been conducted to determine which property owners wished to connect to the sewer lines and that the area to be provided service is that which has the highest demand and to which the property owners are willing to connect. Mr. Townsend located the lift stations stating that no property would be more than 1,000 feet from a lift station. Council Member Zarsky inquired about the results of the survey in the areas that are excluded from the project and City Manager Townsend replied that the property owners did not express a willingness to connect to a sewer line. He assured the Council that everyone in the entire area was contacted and the program was explained to them by a Staff member. An agreement be executed with the State Department of Highways and Public Transportation for signalization of the intersection of Driscoll Street and the Tex-Mex Railroad near Agnes Street (Highway 44). The Highway Department will administer the contract and pay 95% of the estimated $55,000 cost. The City's cost (5%) will be $2,750. k. Change Order No. 3 ($8,870.50) for the Industrial Technology Park contract be approved to provide additional storm sewer work at the south end of Farinon Way to solve a drainage problem which could not be solved by open ditch drainage as originally proposed. No additional appropriation is necessary. The Park is located between Cliff Maus Drive and Old Brownsville Road southeast of Padre Island Drive. 1. Plans and specifications for Hurricane Allen Repairs at the North and South Breakwater and McGee Beach Concession Area be approved and bids be received on February 11, 1981. This project includes reconstruction repairs to the walkway and walkway cap as well as electrical systems on the north and south breakwater. The project also includes electrical and plumbing repairs to the McGee Beach Concession area and the elevated walkway connecting the concession building to the south breakwater and McGee Beach. Minutes Regular Council Meeting January 14, 1981 Page 5 City Manager Townsend explained that funds for this project are not fully provided but the Staff would like permission to receive bids following which the matter may be discussed with the FEMA authorities. He stated that following that, a recommendation will be forthcoming as to how to finance this project. m. Plans and specifications be approved for Cole Park Fishing Pier reconstruction and bids be received on February 11, 1981. This project is the result of Hurricane Allen damage and includes replacing two structural bents on the pier; and replacing eight T -sections at the extreme end of the pier, one stem deck section, and one fishing bay. Four previously retrieved deck sections will be reset, new electrical and water lines will be provided, and new hand rails installed. The original pier design, providing for not fastening the pre -cast sections to pier caps, will be maintained as this concept has proven to be the least expensive in the event of a major hurricane. City Manager Townsend informed the Council that this project would be in the range of $150,000. Mayor Jones inquired as to when the fishing pier will be repaired and Mr. Lontos replied that they hoped to have it under construction in two months. n. Proposals be received for the lease of office space for the Data Processing Department. The current lease expires on April 30, 1981. It is recommended that the new lease be for five years beginning on May 1, 1981. Council Member Turner inquired if this is new office lease space. City Manager Townsend replied that it is replacement space; there has been a sub- tantial increase in the rent; therefore, the City plans to take bids on this office space. Council Member Turner,noting the large amount of rent paid by the City for office space,inquired if it would not be more feasible to have a new City Hall included on the next bond issue. City Manager Townsend stated that he would be very glad if a Council would place a new City Hall in a bond issue. o. Bids be received, Tuesday, February 17, 1981 for a 2 year lease of an additional Central Processing Unit for Data Processing. The new unit will run parallel to the existing Central Processing Unit, and will provide twice the processing capacity over current capabilities. The existing unit is being utilized at a level that exceeds the manufacturer's recommended level of utilization. The processing capability of the new unit should handle current requirements and proposed Data Processing requirements through 1983. The additional unit is included in the 1980-81 Budget at an estimated cost of $11,000 per month. Minutes Regular Council Meeting January 14, 1981 Page 6 ** p. The Preliminary Engineering Report on the Fixed Base Operator Ramps at the Airport, prepared by Lockwood, Andrews and Newnam, Inc. be accepted and the engineering contract with Lockwood, Andrews and Newnam, Inc. for design of these improvements be amended to reflect anticipated increased construction costs by increasing the contract of $17,355 from $22,800 to $40,155. The revised cost estimate for the ramps is $710,000. The Police Psychological Assistance grant be amended to run from February 1, 1981 to September 30, 1981 instead of through January 31, 1982. The total project cost will be reduced from $23,000 to $13,400 with the Federal portion decreasing from $13,800 to $8,040 and the local portion from $9,200 to $5,360. In June, 1980, the City Council approved submission of a grant application for a full year. Only an eight-month grant has been approved because funding of Law Enforcement Assistance Administration projects ends at the end of the current fiscal year. The program provides professional counseling to officers and their families, assistance in training and advice on personnel matters. r. An agreed judgement be approved in the delinquent tax collection lawsuit with Corpus Christi Osteopathic Hospital, Inc. Under the judgement, the hospital will pay $73,673.05 in delinquent taxes through 1974 with 20% down and the remainder in monthly installments. The City would agree that beginning in 1975, the hospital met the requirements to quality for the tax exemption as a public charity. The hospital changed its admissions policy in 1975 to accept charity cases. The School District and Del Mar concur with the proposed settlement. q• Mayor Jones disqualified himself from any discussion on item "r" since he is a Member of the Board of Directors of the Corpus Christi Osteopathic Hospital, Inc. He stated that he had refrained from any discussions of this matter as a member of that board and he did not intend to discuss the matter as a Council Member. Mayor Jones then departed the Council Chamber. City Manager Townsend explained the situation in regard to the hospital in that if they accept charity patients, they can be considered a tax exempt hospital. He informed the Council that there was a question at one time as to whether or not Spohn Hospital and Corpus Christi Osteopathic Hospital qualified as tax exempt. He pointed out that obviously, Memorial Hospital is definitely a charity hospital. City Manager Townsend further explained that Spohn Hospital changed their admission policy several years ago so that they could be qualified as receiving charity patients and they were at that time placed on a tax exempt basis. He stated that the Osteopathic Hospital did not and they were included on the tax rolls. He stated that in 1975, they that the City Manager.withdrew item "p" from consideration. Minutes Regular Council Meeting January 14, 1981 Page 7 did change their admission policies and this is a settlement of the unpaid delinquent taxes in the total amount of $73,673.05 for the years through 1974. He stated that the Staff agrees that since 1975, this hospital should be exempt from taxes. Mr. Townsend further informed the Council that the matter has been discussed with the Corpus Christi Independent School District and Del Mar College and everyone involved is in concurrence with this settlement, therefore, the Staff also recommends that the settlement be approved. Mayor Pro Tem Sample, who was presiding in the absence of Mayor Jones, called for comments from the audience on the City Manager's Reports. Mr. Dan Winship, speaking on behalf of Maverick Markets, referred to item "c" which had been withdrawn. Mr. Winship stated that they had just found out that this matter was scheduled on the agenda today. He informed the Council that they had granted a special use permit for a store in 1979 and that during the process of the preparation of the plans and during the time they were waiting, he requested that this utility easement be closed. Mr. Winship stated that he is now requesting that the special use permit be extended because they do not have all of the problems resolved. He stated that they needed to have the special use permit extended in order that they will not have to go through the entire process again. City Manager Townsend explained to the Council that the basic rule is that any zoning .;action that extends beyond a - deadline is automatically over. He stated that the most direct approach to extend this permit would be to advertise for hearings again that could overlap for the Planning Commission and the City Council since zoning ordinances are governed by State Law. Mr. Winship spoke again and stated that they had asked their engineering firm in July to prepare the papers for presentation to the City and does not know why this was delayed. Mr. Winship explained that their permit expired November 2, 1980. He also informed the Council that they could not apply for a building permit until the utilities were changed. Mayor Pro Tem Sample expressed the opinion that the public hearing before the Commission and the Council could be expedited. Mr. Sample indicated that he recalled the zoning case and stated that it was his understanding that a washateria would also be built at the site. Minutes Regular Council Meeting January 14, 1981 Page 8 Mr. Winship stated that only a Maverick Market would be constructed there now. Mayor Pro Tem Sample stated that he did not recall any opposition during the previous zoning hearing. Council Member Luna inquired if the neighbors in the area were informed of the plan. Mayor Pro Tem Sample assured Mr. Luna that residents in the area are always informed of zoning requests. There were no further comments on the City Manager's Reports. Motion by Sample that the City Manager's Reports, items "a" through "r" with the exception of items "c" and "p", which had been withdrawn, be approved; seconded by Zarsky; and passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye" on all of the items; Jones voting "Aye" on all of the items with the exception of item "r" on which he disqualified himself from voting. * * * * * * * * * * Mayor Jones announced the hearing on the following matter: Appeal of the decision of the Planning Commission to require construction of a bridge across the drainage ditch adjacent to Bel Air Estates Unit 2, located in Flour Bluff on Waldron Road between Glenoak and Caribbean Drives. Council Member Zarsky disqualified himself from considering this appeal since he is personally involved. He then departed the Council Chamber. City Manager Townsend explained that the appeal is of the decision of the Planning Commission in regard to the traffic pattern around Van Galen Ditch which required the construction of a bridge to be built with the cost to be borne by the property owner. Mr. Townsend stated that the owner of Bel Air Estates Unit 2 is appealing the decision that the bridge be required. He explained to the Council that the other property adjacent to this ditch contains a mobile home subdivision; the property across the ditch is in the process of being developed; there is also a park in the area which was donated by the County; and the Council previously authorized a cash payment for improvements to the park rather than park dedication from this developer. Minutes Regular Council Meeting January 14, 1981 Page 9 Chief Planner Larry Wenger further explained that the reason the bridge needs to be located at that particular point is because the other ddveloper plans to construct a road to the park and their only access to the park without the bridge is Waldron Road which is quite a distance away. Mr. Wenger also noted that without the bridge there would be no traffic circulation between the subdivisions. City Manager Townsend informed the Council that on too many occasion the require- ments for bridges had been waived. He stated that the first subdivision being developed has access to two streets but it needs to have access to other subdivisions and the cost of the bridge is approximately $50,000 which is basically the reason the appeal is before the Council. Council Member Best inquired as to who would pay for the bridge,and City Manager Townsend replied that the cost of the bridge would be divided one-half between the two subdivisions on each side of the ditch. Council Member Best then inquired as to who determines where the bridge should be located. City Manager"Townsend stated that if the owners feel that the bridge could be located at another street, this could be appealed to the Planning Commission. Council Member Best inquired about the cost of constructing an extension of Caribbean Street in this area to provide access,and Mr. Lontos replied that it would be approximately $350,000. Mayor Jones called on the applicant to address the Council. Mr. Fred Hayden of Maverick Engineering,who was representing Mr. Heldenfels, the applicant, located the streets that are already constructed. He informed the Council that they objected to the requirement for the bridge but they agreed to all of the other improvements required by the Planning Commission. He explained that they plan to develop single-family homes,and multi -family homes are located in the other subdivi- sion. He referred to a 1979 traffic survey and explained the traffic pattern in this portion of Flour Bluff. Mayor Jones inquired why the developer objects to this bridge location other than the cost. Mr. Hayden explained that they also object to the multi -family area having accesss through their single-family subdivision. He pointed out that Mr. Held also had to donate land for the drainage easement. Minutes Regular Council Meeting January 14, 1981 Page 10 City Manager Townsend informed the Council that the only City participation in the cost is for the middle of the bridge if it is over 15 feet at the bottom of the ditch, but since this particular bridge is not that wide, the City will not participate in the cost. Council Member Turner inquired if the primary issue of this matter is the accessibility of the park, and City Manager Townsend replied that it was not because the primary issue is to provide for a free flow of traffic. Council Member Turner expressed the opinion that the accessibility to the park would only enhance the single-family dwelling property. Council Member Best inquired if the subdivisions on the left side of the ditch have another park, and City Manager Townsend stated that they do not except for the school grounds in the area. Council Member Turner inquired if a pedestrian bridge would be adequate, and City Manager Townsend replied that it would not help with the problems of traffic circulation. douncil Member Dumphy inquired if the developer on the right hand side of the ditch owns all of that tract of land. Mr. John Held, the developer, stated that he did own all of that, but he did not feel that he should have to build the bridge, particularly since the subdivision across the way will be built with multi -family dwellings. He expressed the opinion that the planned bridge would be unsafe and suggested that the bridge be deleted with the understanding that Caribbean Street will be extended in the future, or that a street be constructed through the corner of the park. Mr. Hayden explained that one of their suggestions was to have the road extend all through the park in a "T" pattern. Council Member Turner asked if the Staff felt that the traffic pattern is sat- isfactory, and City Manager Townsend reiterated that the problem of having internal circulation in subdivisions is the main issue. He stated that this would be only to provide access through the two subdivisions. He also stated that if the City had a commitment to construct the extension of Caribbean Street, it would not be necessary to have the bridge. Council Member Turner commented that apparently there is an inequity when one developer who owns ten acres must pay one-half of the cost of the bridge and the oth 'ho owns seventy acres pays ope-half. Minutes Regular Council Meeting January 14, 1981 Page 11 Mr. Gene Urban, Urban Engineering, representing Mr. Cliff Zarsky, stated that Mr. Zarsky owns the other subdivision referred to and he objects to the bridge and feels that Caribbean Drive should be extended. He pointed out that when they construct their subdivision they might have to pay one-half of the street. Mr. Urban suggested that the bridge be relocated in the park in which case the City would have to pay for it. Mr. Urban pointed out that ordinarily, bridges connect collector streets and agreed that the bridge should not be required. No one else spoke in regard to this matter. Motion by Turner that the hearing be closed, seconded by Luna, and passed unani- mously. Council Member Best inquired if the subdivider would have to pay a portion of the cost of extending Caribbean Street. City Manager Townsend explained that the usual practice is for subdividers to pay one-half the cost of streets adjacent to their subdivision. Council Member Best continued by inquiring if this subdivider agreed to pay for that street could the bridge requirement be waived. He suggested that the matter be referred back to the Planning Commission for their consideration of just such a solution. Motion by Best that this matter be referred back to the Planning Commission to consider the possibility of development of Caribbean Street extension; seconded by Luna. Mayor Pro Tem Sample inquired if this delay would adversely affect development of the area. Mr. Held stated that rather than construct the bridge, he would withdraw his entire plat from consideration. Mr. Urban stated that his clients have a preliminary plat working and he did not believe that this would delay their development. He suggested that a pedestrian walkway might be considered rather than a full bridge. Council Member Turner inquired if the City has a master plan for bridge crossings, and City Manager Townsend replied that the guideline for bridge crossings that the Planning Commission uses is one every one-quarter mile. He stated that one of the primary actions of the Planning Commission is to adequately arrange for bridge crossings. Mayor Jones reminded the Council that the developers are considering their costs, but the Council has to consider both sides of the ditch and see that there is traffic circulation. He also pointed out that there are apartment complexes adjacent to single- family dwelling subdivisions all over the City. Minutes Regular Council Meeting January 14, 1981 Page 12 Council Member Dumphy stated that he understood the developer's desire not to build the bridge but the Planning Commission must consider the reality as far as Caribbean Street is concerned and the fact that there is no plan for this street to be extended in the near future. He expressed the opinion that the traffic problem will be evident long before this street is built. He stated, however, that he did not object to sending this matter back to the Planning Commission and asked that it be considered as soon as possible. Mayor Jones called for the vote on the motion to send the matter back to the Planning Commission and it passed unanimously. * * * * * * * * * * * Mayor Jones announced the recessed public hearing on the assessments for the improvements on Timbergrove Lane from Violet Road to the Jackson Woods Unit I subdivision. Last Wednesday night, the hearing at 7:00 p.m. at Annaville Elementary School was recessed until today. (For minutes of this recessed public hearing, please see the Special Council Minutes of January 7, 1981) * * * * * * * * * * Motion by Turner that the Regular Council Meeting be recessed at 4:16 p.m. in order for the Special Council Meeting on zoning applications to be convened; seconded by Dumphy; and passed unanimously. * * * * * * * * * * Mayor Jones reconvened the Regular Council Meeting at 5:55 P.M. and called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda and referred to the amendment to the Animal Control ordinance which was discussed the previous week in regard to the guard dogs and the dog runs in the park. He provided the Council with copies of the amendment to be considered. Dr. Christopher Buttery, Director of City -County Health & Welfare Department, informed the Council that in Dayton, they did not have an ordinance that pertained to cats. Mayor Jones then called for comments from the audience on the ordinances. Mr. Bernard M. Weller, representative of the United States Humane Society, was asked to speak by Dr. Buttery. Before Mr. Weller addressed the Council, Dr. Buttery referred to a question that the Council had as to how cats that had been vaccinated ci identified. He displayed a'cat collar that had been purchased for a very sural Minutes Regular Council Meeting January 14, 1981 Page 13 price that had an elastic attachment for tags to be attached which would prevent the possibility of cats inadvertently injuring themselves when their tag became tangled in tree branches, etc. Mr. Weller then addressed the Council and stated that the Humane Society in based in Washington, D.C. and that he is a field representative charged with upgrading programs in five states. Mr. Weller stated that he had contacted officials in Orange County, Florida where they have recently just started licensing cats. He explained that they had informed him that they had no problems with licensing cats because there is a rabies problem there and people are concerned. He also expressed the opinion that it is not necessary for cats to be allowed to roam if the cats are altered. Mr. Welter also stated that there is no reason why cats cannot wear their license tags on a collar similar to the one demonstrated by Dr. Buttery. Council Member Zarsky stated that since the Council had received a letter in regard to exotic animals being retained as pets he asked for Mr. Weller's opinion of this practice. Mr. Weller stated that he does not recommend that exotic animals be kept as a tamed animal. He agreed that if certain caging facilities are employed certain wild animals could be kept if they are used for a purpose but they should not be retained as a household pet. Mr. Weller continued by stating that the Humane Society does not recommend this and informed the Council that the City of Los Angeles has a "grandfather clause" in their ordinance in regard to exotic animals. City Manager Townsend pointed out that any kind of wild animal has been illegal in this City for many years. Mr. Weller stated that if a wild animal has been castrated, defanged, or is in a condition that they could not defend themselves against other animals, he felt that they could be kept under those circumstances, but, to allow exotic animals into the City for sale for pets should not be allowed. Council Member Best stated that he is aware that there are some wild animals being kept inside the City limits illegally and inquired as to how the City could determine if they are kept in a humane, safe manner. Mr. Weller suggested that employees of the Animal Control Division could handle these inspections and stated that he would be glad to work with the employee to train them. Council Member Best pointed out that the City would have to establish a very high fee to take care of inspections, etc. Minutes Regular Council Meeting January 14, 1981 Page 14 Council Member Luna inquired if the City allows wild animals to be kept as pets, who would be liable if one got out and injured a child. Mr. Weller stated that the owner would be responsible for the actions of the animal and the City would be responsible for the treatment and care of the animals. City Manager Townsend then read from the Code of Ordinances the definition of a pet and the number allowed, referring in particular to the prohibition of wild ani- mals in the City limits. Council Member Zarsky asked for Dr. Buttery's opinion about wild animals in the City. Dr. Buttery stated that it is his recommendation that no wild animals be allowed to be kept in the City as pets. *Mayor Pro Tem Sample departed the meeting at 6:20 p.m. Mr. Henry Nuss pointed out that when City Manager Townsend read from the Code of Ordinances, it was his opinion that the City had the burden of establishing proof that an animal is wild. He stated that his client has a seventh generation cat and questioned the definition of "wild animal" in the ordinance. He alluded to the fact that the present ordinance allows German Shepherd dogs and guard dogs in the City and he was of the opinion that they are certainly more dangerous than a seventh generation cat that belongs to his client. Mr. Nuss stated that he agreed with the comments made by Mr. Weller but he felt that there are exceptions to the rule and there should be a pernit section for "exotic" animals. He explained that he represents Mr. and Mrs. Mike O'Connor; their home has a concrete fence with steel strands at the top; and he urged that there be a reasonable exception to allow for a permit for exotic animals under these conditions. He informed the Council that there had been no occurrences of harm done by any exotic animals in the City of Corpus Christi at any time and suggested that the City set up proper procedures to allow exotic animals to remain in the City. He stated that he agreed with the ordinance passed by the City of Los Angeles and suggested that the ordinance could hold the City harmless in case of any accidents. Also speaking in regard to this same ordinance was Mrs. Kathryn Bowman, repre- sentative of P.A.W.S., who stated that their Research Committee had discussed the entire ordinance, and they had several recommendations for changes in various por- tions of the ordinance. Mrs. Bowman enumerated the changes that they would suggest and provided the City with a copy of her suggestions. Minutes Regular Council Meeting January 14, 1981 Page 15 Mrs. Elizabeth Broyles stated that she has three cats, all of which had been vaccinated but stated that she objects to the phrase, "not run at large" because it is almost impossible to restrain cats. She also pointed out that cats do keep down' the number of mice and rats in the City. Dr. Buttery explained to Mrs. Broyles that there has never been any intention to have cats confined. City Manager Townsend explained also that the motion to amend the ordinance which is to be considered by the Council today is designed to clarify this point. Also speaking in regard to exotic animals was Mr. George W. Shaffer, Attorney representing an owner of one. He pointed out that there are a number of rats and mice in the City and cats should be retained to help control the rat population. In regard to exotic animals, Mr. Shaffer expressed the opinion that vicious dogs trained to attack and kill are much more dangerous than the so-called exotic animals. ** Council Member Dumphy departed the meeting at 6:35 p.m. Mr. Shaffer continued and pointed out that the exotic animals do not attack unless they are provoked whereas a vicious dog will attack without provocation. He informed the Council that the jaguar owned by his clients has no claws and he will be defanged when he has his permanent teeth. He informed the Council that the home of this animal is approximately 500 square feet; he is completely confined in an enclosed structure; and noted that most of the people who keep exotic animals had paid a great deal of money for them and have a suitable placeifor them;.toulive: rHe suggestedlthat.the cce6 ordinance be amended to allow for the exotic animals to be kept as pets if they are properly licensed and kept in an enclosed area. Mrs. Lawrence French informed the Council that at eight years old, she raised a pair of leopards and not once was she ever bitten or scratched. She informed them that animals that are raised by humans are tamed and are not a danger, particularly, if they have been declawed. Ms. Virginia O'Connor informed the Council that she has a pet cougar which is a seventh generation domestic cougar; he has been declawed; she has three children who have never been attacked or hurt by the animal but instead, consider him to be,a playmate. Mrs. O'Connor stated that she was not aware that keeping such an animal was against the law. Mrs. O'Connor then read a letter from the breeder of exotic animals extolling their good qualities. Ms. Kathy Carr, 1030 Cunningham, stated that she has two cats and they have no Minutes Regular Council Meeting January 14, 1981 Page 16 ' characterics of a wild animal. She said that they are easier to train than dogs and displayed pictures of her cats to the Council. She also pointed out that they had been declawed and are strictly pets. Council Member Best moved that the recommended amendments to the Animal Control ordinance be referred to the Animal Control Advisory Board and that the second reading of the ordinance be delayed for two weeks. Speaking next was Mr. Lawrence French, who stated that all of the members of the Animal Control Advisory Board feel that they should consider the suggested amendments including the recommendations that pertain to'the exotic animal question. He stated:, that he agreed with the ordinance thatwasprepared-by—Los Angeles and informed the Council that exotic animal control will also be under the Animal Control Division of the City. He expressed concern about the ordinance as it pertains to the enabling portion of what constitute (J 3 He informed the Council that his committee meets on January 21st and if they were allowed to review the suggested amendments, they would have ample time for study and then a recommendation. . Council Member Best changed his motion to the effect that the ordinance be tabled for three weeks for the second reading.' City Manager Townsend urged that the Council pass the first motion to amend before continuing. Motion by Turner that the first motion to amend the Animal Control ordinance be amended as suggested by the Staff, seconded by Best, and passed unanimously. 0 Dr. Best's motion was being seconded by Council Member Turner and passed unanimously by those present and voting. There were no further comments on the ordinances. City Secretary Read called for the vote on all of the ordinances to be considered with the exception of ordinance "h" on which Mayor Jones had disqualified himself. The following ordinances were passed. SECOND READING AUTHORIZING A TWO-YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC., FOR A PORTION OF THE PARK AND RECREATION BUILDING AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 1/7/81) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. Mi nutes Regular Council Meeting January 14, 1981 Page 17 THIRD READING - ORDINANCE NO. 15973: 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 (First Reading - 12/31/80, Second Reading - 1/7/81): The foregoing ordinance was,'read for the third time and passed finally by the following vote: Jones, Sample; Best, Diaz, Dumphy, Turner and Zarsky voting "Aye" ORDINANCE NO. 15974: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IN WHICH THE CITY OF CORPUS CHRISTI AGREES TO ERECTION OF RAILROAD CROSSING WARNING SIGNALS AT THE INTERSECTION OF DRISCOLL STREET AND THE TEX-MEX RAILROAD (NEAR AGNES STREET) TO BE PERFORMED BY THE STATE DEPARTMENT, OF HIGHWAYS AND PUBLIC TRANSPORTATION, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $2,750 OUT 'OF THE NO. 220 STREET BOND FUND APPLICABLE TO PROJECT NO. 220-77-45, DRISCOLL STREET AND TEX-MEX RAILROAD CROSSING SIGNALIZATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting Aye", Dumphy absent. • ORDINANCE NO. 15975: AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO ACCEPT AN EIGHT-MONTH GRANT TO CONTINUE THE POLICE PSYCHOLOGICAL ASSISTANCE PROGRAM THROUGH SEPTEMBER 30, 1981; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting '' 'Aye", Dumphy absent. ORDINANCE NO. 15977: ENDORSING PASSAGE BY THE TEXAS STATE LEGISLATURE OF LEGISLATION PROHIBITING THE SELLING, POSSESSION, OR DISCHARGING OF FIREWORKS IN THE STATE OF TEXAS, NUECES COUNTY, OR CITY'S 5 MILE EXTRATERRITORIAL JURISDICTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent. Minutes Regular Council Meeting January 14, 1981 Page 18 City Secretary Read then suggested that ordinance "h" be considered. Mayor Jones absented himself from the Council table and Council Member Best acted temporarily as Presiding Officer in the absence of the Mayor and the Mayor Pro Tem. City Secretary Read called for the vote on ordinance "h" and it passed as follows: ORDINANCE NO. 15976: APPROVING PROPOSED AGREED JUDGMENT IN CAUSE NO. 79-393-F, CITY OF CORPUS CHRISTI, TEXAS, ET AL V. CORPUS CHRISTI OSTEOPATHIC HOSPITAL, INC., PENDING IN THE 214TH JUDICIAL DISTRICT COURT OF NUECES COUNTY, TEXAS AND EXEMPTION OF CORPUS CHRISTI OSTEOPATHIC HOSPITAL PROPERTY FROM AD VALOREM TAXES AS OF JANUARY 1, 1975, ACCORDING TO A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sample, Best, Luna, Turner and Zarsky voting "Aye", Dumphy absent, Jones haVing disqualified himself from voting. ********** Mayor Jones returned to the Council table and called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Diana Wildman of the Mr. W. Fireworks, Inc. requested that she be listed on the agenda next week in regard to a letter from the City proposing a settlement in regard to confiscated fireworks. City Manager Townsend asked Mrs. Wildman if she had discussed with the City's Legal Department. Mrs. Wildman replied that her attorney is Mr. Larry Adams and he had suggested that she appear before the Council. City Manager Townsend asked that either she or her attorney discuss this matter with the City's Legal Department and asked Mr. Jay Doegey, Assistant City Attorney, to arrange a meeting with Mrs. Wildman. Mrs. Henrietta Newberry appeared before the Council to express her appreciation to Mayor Jones and Council Member Turner for attending their social event for the handicapped and retarded Friday night at Lindale Recreation Center. Mrs. Newberry also thanked the Council for allowing the use of Lindale Recreation Center and Ben Garza Gym for the handicapped. City Manager Townsend requested that the Council consider an appointment to a City position before adjournment. He referred to a memorandum in regard to the appoint- ment of a Chief Accountant. Motion by Turner that the Council accept the recommendation of the City Manager to appoint Mrs. Debra J. Andrews to the position of Chief Accountant, seconded by Best, ar ped unanimously. * * * * * * * * * * Minutes Regular Council Meeting January 14, 1981 Page 19 Council Member Best inquired if any industrial districts contracts had been signed or if any of the industries had indicated that they will sign them. City Manager Townsend replied that they had not. Mayor Jones stated that he will personally contact Mr. Sager of Southwest Refinery since he had indicated that his company would be willing to sign the industrial district agreement. There being no further business to come before the Council,on motion by Luna, seconded by Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:24 p.m., January 14, 1981.