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.