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HomeMy WebLinkAboutMinutes City Council - 06/17/1981i UCC MINUTES REGULAR COUNCIL MEETING JUNE 17, 1981 2:00 P.M. PRESENT: Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Herbert L. Hawkins, Jr. Cliff Zarsky ABSENT: Mayor Luther Jones Council Member Bob Gulley Council Member Charles W. Kennedy City Manager Marvin Townsend City Attorney Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Betty N. Turner called the meeting to order in the Council Chamber of City Hall. The invocation was given by Brother Fred McWhorter of the New Testament Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Jack Dumphy. 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 Pro Tem Turner announced the issuance of the following proclamations: "BLACK AWARENESS WEEK" - June 14 - 20, 1981 and "HI-FAIRNESSEE GIRLS' CLUB GOLDEN ANNIVERSARY CELEBRATION WEEK" - June 21 - 27, 1981. Mayor Pro Tem Turner read and presented the resolution to Mrs. Patricia Duaine commending her on her actions in apprehending a person attempting to break into her house. Mayor Pro Tem Turner introduced Mr. Harry Plomarity, General Chairman of the Sister City Committee, who addressed the Council and brought greetings to them from Yokosuka, Japan, where he attended a meeting and made an official visit on behalf of the City of Corpus Christi to the Mayor of Yokosuka. Mr. Plomarity provided some of the highlights of his visit to our Sister City in Japan. MGIOJLME9 SEP 1919 4 Minutes Regular Council Meeting June 17, 1981 Page 2 Mayor Pro Tem Turner then presented 30 year pins to the following employees: Employee: Department: Position: Mr. Bill Banner, Jr. Police Police Chief Mr. Ken Krenek ` Parks Park Superintendent Mr. Tony Rodriguez • Fire Fire Captain Mr. Juan Rosales Fire Firefighter II Mr. Earl Walker Fire Firefighter II Also eligible to receive a 30 -year pin but unable to attend was Mr. Enrique Sanchez, a Broom Maker in the Street Division.' Mayor Pro Tem Turner called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: 1. Bids be received July 14, 1981 for a subsurface injection plow and tractor for the Westside Wastewater Treatment Plant. This unit will be used in conjunction with the sludge pump for which bids are being received. Currently, the City has one complete unit for the subsurface injection of sludge. This additional unit will reduce transportation costs between Oso, Westside and Allison Plants and will also serve as a backup unit. 2. Bids be received July 7, 1981, for the following heavy duty truck cabs and chassis: a. Two additional and three replacement 10,000 gross vehicle weight cabs and chassis for Gas and Wastewater Services Divisions. b. Nineteen replacement 20,000 gross vehicle weight cabs and chassis for Street, Park, Water and Sanitation Divisions. c. Three replacement and one additional 23,000 gross vehicle weight cabs and chassis for Water and Wastewater Services Divisions. d. A replacement 27,000 gross vehicle weight cab and chassis for the Street Division. The additional units are for Wastewater Services for the two maintenance crews and the electrician added in the 1980-81 Budget. 3. Bids be received July 15, 1981 for a three year mineral lease for the 69.682 acres known as the Scogin Tract, at the northwest corner of the Airport. These minerals became property of the City on February 14, 1979. A request has been made for a mineral lease. The minimum cash bonus proposed is $50 per acre, delay rental $10 per acre and royalty 20%. All drilling must be in accordance with Airport zoning and Federal Aviation Administration regulations. Mayor Pro Tem Turner suggested that the funds received from this source be used at the Airport, and City Manager Townsend assured her that the money will be placed in the Airport Fund. 1 lutes :gular Council Meeting tune 17, 1981 Page 3 Mr. James Conn, Petroleum Superintendent, explained that substantial drilling has occurred south of the Airport. He pointed out the location of several producing wells in the Airport area and expressed the opinion that the City may benefit from the various leases with oil companies. 4. A contract for Hurricane Allen Hangar Roof Repairs at Bill Witt Park be awarded to L & M Metal Fabricators for $19,432.16 and $22,000 be appropriated for the contract award and related expenses. Five contractors submitted bids. The L & M Metal Fabricators bid was irregular in that the total cost was included in the space where the unit cost should be, but this did not affect the total project cost. It ' is recommended that the irregularity be waived and a contract be awarded for $19,432.16. 5. The following actions be taken in connection with Cain Drive Street Improvements: a. The preliminary assessment roll with paving assessments of $124,191.41 on 91 items be adopted. b. A public hearing be held on July 15, 1981 at 7:00 P.M. at Blanche Moore Elementary School, 5426 Williams Drive. The project was initiated by petitions and was included in the 1977 Bond Program. Bids were received on June 3, 1981 with the low bid of $567,993.80 submitted by Heldenfels Brothers. 6. The Texas Department of Highways and Public Transportation Commission Minute Order regarding improvements to Carroll Lane between South Staples Street and Tiger Lane be adopted. This project was approved in the 1977-78 Federal Aid Urban System Program, but Carroll Lane was not included in the Urban Systems, so the Minute Order was not prepared. Carroll Lane has now been included in the Urban Systems. Estimated project cost is $1,002,825.00. This includes reconstruction of Mulberry Street from Carroll Lane to Willow Street and construction of a new water line from Staples to near the Gollihar intersection. Total City cost is proposed to be $434,970.00. 7. An additional $17,008 be appropriated for engineering services by Ogletree, Gunn & Associates in the design of additional boat slips for the Corpus Christi Marina. The engineering contract provides for a fee based on 10% of the construction contract. The original estimate for 71 slips was $190,000, later revised to $225,000. When the project was expanded from 70 to 103 slips, the estimated cost increased to $318,000. Actual cost is $360,075, based on the low bid received. 8. Ordinance No. 16296, approved by the City Council on June 3, 1981, be amended to correct the appropriation for the contract award to Heldenfels Brothers, Inc. for Downtown Landscaping and Drainage Improvements. Of the total $725,000 appropriated, $571,650.08 should be from the Sixth Year Community Development Block Grant and $153,349.92 from the Storm Sewer Bond Fund. The original ordinance appropriated $580,544 from the Block Grant. Only $571,650.08 is available. The remainder is available in the Street Bond Fund. 9. Ordinance No. 16273, passed on May 27, 1981, be modified to correct the appropriation of $79,463.75 for reimbursement to the General Fund for improvements to various parks by the Park Division. The total appropriation was from the Park Bond Fund by error. Instead, $6,411.37 should be appropriated from the Park Trust Fund and $73,052.38 from the Park Bond Fund. Park Trust Funds are available for improvements in Ridgewood and Los Encinos Parks. Minutes Regular Council Meeting June 17, 1981 Page 4 10. A public hearing be held on July 1, 1981 on a request for contractual annexation of River Canyon Subdivision (72.53 acres) located west of Highway 77 and north of FM 624 between the Calalien High School and the Nueces River. 11. The recommendation of the Bay Drilling Committee that a permit be granted Sanchez -O'Brien Corporation to drill a well from an irregular location 5,350 feet seaward of the Naval Air Station be approved. The Corpus Christi Bay State Tract 100 Well No. 1 will be drilled as a straight hole to a depth of 12,500 feet. The normal cluster area for State Tracts 99 and 100 is within the one mile area off shore designated as the Bay Park Area from which drilling is prohibited. The irregular location will serve as the cluster area for both tracts. No other exceptions to the Bay Drilling Ordinance are requested. 12. The Driveway Ordinance be amended to allow concrete driveways across drainage ditches where the structural strength of concrete is needed to carry anticipated vehicle loads and the property owner agrees not to request credit against future paving assessments. The Driveway Ordinance now requires asphalt for driveways crossing drainage ditches. South Texas Materials Company has requested approval for two concrete driveways to move heavy trucks at 6126 Agnes Street on the south side of State Highway 44 east of Talbert Road. A similar request by Braselton Construction Company at 426 Plato Road was approved on April 15, 1981. It is further recommended that this not apply to residential streets and it only applies to arterial or collector streets as shown on the Master Plan. In a related matter, Council Member Zarsky reminded City Manager Townsend that he had requested that a different design be devised for construction of curbs to eliminate the necessity for breaking them out during construction of streets. He suggested that this design be pursued. City Manager Townsend stated that he will have this placed on a high priority basis. 13. The appointment of Dr. Larry W. Magnuson to the position of City Physician be confirmed. Dr. Magnuson has a B. S. from Northwestern State College in Oklahoma and a Medical Degree and Master of Public Health from the University of Oklahoma. He has served two years in the military as an instructor in general preventative medicine, three years in private practice in family medicine, six years as a physician with the Federal government and a year as Chief of Occupation Health Service for a health clinic. 14. The following water contracts for outside -city -limits customers in previously platted subdivisions be approved: a. Mr. Frank Lazenby: Lot 19, Block 78, Galleon Bay, 14309 Dorsal Street; b. Mr. & Mrs. Urban H. Wagner: Lot 12, Block 5, Commodore's Cove #2 13734 Primavera Drive; c. Ms. Sandra Reidda: Lot 12, Block 239, Padre Isles Section 4, 14141 Bounty Street; d. Mr. & Mrs. John T. McCabe: Lot 3, Block 87, Galleon Bay #2 14121 Jackfish; 'inutes agular Council Meeting June 17, 1981 Page 5 e. Mr. Thomas S. Barton, Trustee: Lot 4, Block 15, Point Tesoro 13538 King Phillip Court. f. Mr. & Mrs. jack T. Williams, II: Lot 18, Block 3, Commodore's Cove, 13738 A La Entrada Calle g. Mr. & Mrs. R. Warren Flint: Lot 43, Block 1, Ports -O -Call 15610 Three Fathoms Bank Drive; h. Mr. E. H. Thomas: Lot 15 - 16, Block 3, Commodore's Cove 13750 A La Entrada Calle; i. Ms. Sandra Reidda: Lot 49, Block 700, Barataria Bay ;13846 White Cap Blvd.; Mr. Bill B. Demmer: Lot 25, Block 4, Commodore's Cove 13731 Tajamar Court; k. Ms. Maria Sandoval: Lots 13, 14 and 15, Block 3, San Carlos Addition, 4928 Cynthia Street; 1. Mr. J. W. Elledge: Lot 4, Block 1, West End Heights 2434 Suntide Road; m. Mr. & Mrs. Emil J. Netek: Lot 13, Block 4, Nottarb Place #2 3817 Saturn Road; j• n. Ms. San Juana Villarreal: Lot 54, Block 1, San Juan Addition 9005 Stock Drive. The first ten properties are located on Padre Island. San Carlos Addition is located north of Interstate 37, between Calallen and the Nueces River. West End Heights is north of Interstate 37, at the intersection of Up River Road and Suntide Road. San Juan Addition is located south of Clarkwood off Clarkwood Road. Nottarb Place is south of Saratoga Boulevard and west of Weber Road. Council Member Zarsky referred to Nottarb Place, which is located outside the City limits, and inquired if the City supplied water to that subdivision for an agreement to annex policy. City Manager Townsend explained that water is supplied to that subdivision as a compromise, noting that the Council in office at the time of development agreed to provide water for Nottarb Place Units 1 and 2 with the understanding that Unit 3 would be annexed to the City. 15. The Museum budget be amended to continue the temporary position of Associate Curator for skilled work on exhibit construction in the north wing through June 15, 1982 and an additional $27,000 be appropriated from the Museum Bond Fund to reimburse the Museum budget for the salary. The north wing was constructed as a gift from an anonymous donor. Exhibits are being constructed as part of $200,000 of improvements approved in the 1977 bond election. The position was authorized May 14, 1980, and continued in the budget through June 15, 1981. Additional exhibit construction to be completed includes a mural of ranch life, a vignette of Huichol Indians, and art details and background illustrations for various exhibits. Minutes Regular Council Meeting June 17, 1981 Page 6 16. Plans and specifications be approved for 184 gear boxes for the Corpus Christi Marina and bids be received on July 15, 1981. Bidders will be asked to submit bids for 84 large wooden gear boxes, and to furnish 100 smaller wood or fiberglass gear boxes. The boxes were originally bid on January 14, 1981 together with the Peoples Street T -Head Boat Slip project but were not included in that contract because of cost. They have since been redesigned to reduce cost. Mayor Pro Tem Turner ascertained that no one in the audience wished to speak on the City Manager's Reports. Motion by Zarsky that the City Manager's Reports items 1 through 16 be approved, seconded by Hawkins and passed unanimously. Mayor Pro Tem Turner called for the consideration of the establishment of an ad hoc committee to make recommendations regarding long range planning as it pertains to the Planning Commission. Motion by Zarsky that the ad hoc committee be established, seconded by Dumphy and passed unanimously. ********* Motion by Hawkins that Mayor Luther Jones and Council Members Bob Gulley and Dr. Charles W. Kennedy be excused for just cause; seconded by Dumphy and passed unanimously. ********** Mayor Pro Tem Turner announced the Public Hearing on the following matter: Closing Avenue D and a 20' alley in Block 10, Calallen Townsite from Middle Lane to Mountain Trail. Both of the rights-of-way are unimproved. Some utility easements would need to be retained and replatting would be necessary. City Manager Townsend explained that these rights-of-way are not on the ground as such and it is located on the old Calallen Townsite. Mayor Pro Tem Turner called for comments from the audience. Mr. Lewis Hanna informed the Council that these rights-of-way have not been used and they want to close them in order that they may replat the lots. City Manager Townsend recommended that if the rights-of-way are closed, necessary utility easements be retained. No one else spoke in regard to this matter. lutes .gular Council Meeting June 17, 1981 Page 7 Motion by Dumphy that the hearing be closed, seconded by Zarsky and passed unanimously. Motion by Zarsky that Avenue D and a 20' alley in Lot 10, Calallen Townsite from Middle Lane to Mountain Trail be closed subject to the retention of the utility easements and to replatting; seconded by Hawkins; and passed unanimously. ********** Mayor Pro Tem Turner called for petitions or information from the audience on matters not scheduled on the agenda, and there was no response. ********* City Manager Townsend stated that he would like to discuss the Wooldridge drainage project. Mr. James K. Lontos, Assistant City Manager, displayed a transparency of the area involved. He located the Schanen ditch, the Wooldridge ditch and the land to be drained into the various ditches and explained the change to the Master Plan which was approved by the City Council. Mr. Lontos reminded the Council that at the time they approved the change in the Master Plan, the property owners agreed to dedicate easements for the establishment of the drainage ditches. He indicated the various property owners who have dedicated the necessary land and explained that some property owners have not done so. Mr. Lontos provided information on the various alternatives open to the City in order to provide the appropriate drainage in view of the fact that some of the property owners have refused to dedicate the easements. Council Member Zarsky suggested that a report be provided the Council showing the status of the dedications. City Manager Townsend informed the Council that he was of the opinion that the simplest thing would be for the City to buy the land necessary for the pilot channel from Airline to the east and as the land is divided,' the developer will have to dedicate the balance of the required land. Mr. Townsend expressed the opinion that possibly this would encourage the property owners to dedicate the land needed before they can develop their land. Council Member Zarsky indicated his concurrence with this plan. City Manager Townsend informed the Council that the City has $340,000 in the Budget for this drainage project and the funds for the pilot ditch could be provided from this source. Minutes Regular Council Meeting June 17, 1981 Page 8 Council Member Zarsky stated that he would like to have all of the alter- natives placed in writing in order that the entire Council could act on this matter. Mr. Zarsky stated that he was under the impression that the property owners agreed in the Council Meeting some time ago to dedicate the necessary easements and suggested that the Minutes be checked and those people who had agreed contacted again. He then suggested that this matter be placed on the Workshop Agenda after everyone concerned has been contacted. City Manager Townsend stated that he felt that this matter should be dis- cussed and a proper letter prepared after the discussion to be sent to the property owners. He stated that a memorandum containing the summary could be prepared by next week. Council Member Dumphy agreed that the Council could make a decision at that time and asked about an estimated time frame if a decision is made next week, inquiring if the Council could do anything to assist the subdivision adjacent to Saraline Drive. City Manager Townsend stated that he hoped that if the City agrees to purchase the pilot ditch, the property owners will be reasonable and agree to dedicate the right-of-way. He pointed out that comdemnation proceedings would require approximately one year. Council Member Zarsky stated that he felt that the City should require a payment if the property owner refused to dedicate right-of-way for drainage and City Manager Townsend stated that he was not sure that this could be done legally. Council Member Zarsky expressed the opinion that it could be worked out and suggested that the Legal Department study this possibility. Council Member Dumphy suggested that the offsite utilities committee might be able to study this drainage matter. Mayor Pro Tem Turner called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda and withdrew one of the zoning ordinances until the entire Council is present. Mayor Pro Tem Turner called for comments from the audience on the ordi- nances and there was no response. ites jular Council Meeting June 17, 1981 Page 9 City Secretary Read polled the Council for their votes and the following ordinances were approved. SECOND READING: AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES 1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-6 OF CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, SO AS TO PROHIBIT SMOKING IN THE DINING ROOM OF THE LINDALE SENIOR CENTER BETWEEN THE HOURS OF 11:00 a.m. and 1:00 p.m. (First Reading - 6/10/81). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". THIRD READING - ORDINANCE NO. 16322: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION FOR THE USE OF SPACE AT EVELYN PRICE PARK, CORPUS CHRISTI, TEXAS, FOR THE LOCATION OF AN AIRPORT SURVEILLANCE RADAR STATION, ALL AS MORE FULLY SET FORTH IN LEASE NO. DTFA07-81-L-01068, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 6/3/81, Second Reading - 6/10/81). The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". THIRD READING - 16323: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE UNITED STATES GOVERNMENT, FEDERAL AVIATION ADMINISTRATION, LEASE NO. DTFA07-80-L-01223, AND SUPPLEMENTAL AGREEMENT NO. 1 FOR THE USE OF APPROXIMATELY .2 OF AN ACRE IN OVERLAND MEADOWS PARK FOR USE AS AN OUTER MARKER SITE AND ACCESS ROAD FOR RUNWAY 13 AT CORPUS CHRISTI INTERNATIONAL AIRPORT, AND FOR UTILITY EASEMENT TO THE SITE FROM THE NORTHERN EDGE OF THE PARK, FOR A TERM BEGINNING JUNE 11, 1980 AND ENDING SEPTEMBER 30, 1980, WITH THE PROVISION THAT THE GOVERNMENT MAY RENEW THE LEASE ANNUALLY BUT NOT BEYOND SEPTEMBER 30, 2000, ALL AS MORE FULLY DESCRIBED IN THE LEASE AND SUPPLEMENTAL AGREEMENT, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B". (First Reading - 6/3/81; Second Reading - 6/10/81). The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". THIRD READING - ORDINANCE NO. 16324: AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. NA81WBF00095 WITH THE UNITED STATES GOVERNMENT FOR APPROXIMATELY 1,663 SQUARE FEET OF SPACE LOCATED ON THE SECOND FLOOR OF THE TOWER BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR THE USE OF THE UNITED STATES WEATHER SERVICE, FOR THE PERIOD OF JULY 1, 1981 TO SEPTEMBER 30, 1981 AND RENEWABLE ON AN ANNUAL BASIS AT THE OPTION OF THE GOVERNMENT, NOT TO EXTEND BEYOND SEPTEMBER 30, 1986, FOR AN ANNUAL RENTAL OF $6,713.98, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 6/3/81, Second Reading - 6/10'81). Minutes Regular Council Meeting June 17, 1981 Page 10 The foregoing ordinance was read for the third time and passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16325: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH L & M METAL FABRICATORS FOR REPAIR OF HURRICANE ALLEN ROOF DAMAGE TO THE HANGAR BUILDING AT BILL WITT PARK; APPROPRIATING $22,000 OUT OF THE NO. 291 PARK BOND FUND OF WHICH $19,432.16 IS FOR THE CONSTRUCTION CONTRACT AND $2,567.84 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING AND CONTINGENCY EXPENSES RELATED TO PROJECT NO. 291-77-9.1, BILL WITT PARK HANGAR ROOF REPAIR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16320: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENTS OF: Cain Drive, from South Staples Street to Everhart Road. REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16321: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COST FOR THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: Cain Drive, from South Staples Street to Everhart Road; DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, DETERMINING THE NECESSITY FOR LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY: ORDERING AND SETTING A HEARING TO BE HELD ON JULY 15, 1981; AT 7:00 P.M. IN THE BLANCHE MOORE ELEMENTARY SCHOOL CAFETERIA, 5426 WILLIAMS DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16326: AMENDING RESOLUTION NO. 13691, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 2, 1977, BY ADDING THE FOLLOWING STREET TO THE URBAN SYSTEM PROGRAM AS ADMINISTERED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION: r"RROLL LANE, SOUTH STAPLES STPEET TO TIGER LANE (INCLUDING 'JRFACING MULBERRY STREET AND INSTALLATION OF A WATER LINE Al STAPLES TO GOLLIHAR); tes alar Council Meeting June 17, 1981 Page 11 ADOPTING STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MINUTE ORDER NO. 78512, DATED MAY 20, 1981, PERTAINING TO THE ABOVE STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16328: APPROPRIATING $17,008 OUT OF THE NO. 291 PARK BOND FUND TO SUPPLEMENT $19,000 PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 15636 (JULY 16, 1980) FOR ENGINEERING SERVICES RELATED TO THE CONSTRUCTION OF ADDITIONAL 1 BOAT SLIPS IN THE CORPUS CHRISTI ' MARINA PROVIDED BY OGLETREE, GUNN & ASSOCIATES APPLICABLE TO PROJECT NO. 291-77-5, MARINA IMPROVEMENTS: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye" • Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16329: AMENDING ORDINANCE NO. 16296, APPROVED BY THE CITY COUNCIL ON JUNE 3, 1981, WHICH AUTHORIZED A CONTRACT WITH HELDENFELS BROTHERS, INC., FOR THE DOWNTOWN LANDSCAPING AND DRAINAGE IMPROVEMENTS PROJECT AND APPROPRIATED $725,000 FOR THE PROJECT, BY CORRECTING THE DESIGNATION OF FUND SOURCES FOR THE CONTRACT AWARD; APPROPRIATING $725,000, OF WHICH $571,650.08 IS OUT OF THE NO. 162 FEDERAL/STATES GRANT, DEPARTMENT 152, ACTIVITY 807.04, CODE 502, SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AND $153.349.92 IS OUT OF THE NO. 295 STORM SEWER BOND FUND OF WHICH AMOUNT $695,877 IS FOR THE CONSTRUCTION CONTRACT AND $29,123 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 295-77-2, DOWNTOWN IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16330: REPEALING ORDINANCE NO. 16273, PASSED AND APPROVED MAY 27, 1981; APPROPRIATING $6,411.37 OUT OF PARK TRUST FUND 111 AND $73,052.38 OUT OF PARK BOND FUND NO. 291 TO SUPPLEMENT PREVIOUS APPROPRIATION OF $3,484.17 FOR A TOTAL OF $82,947.92 FOR REIMBURSEMENT TO THE GENERAL FUND NO. 102, ACTIVITY 4122-603 FOR WORK ACCOMPLISHED AT THE FOLLOWING PARKS: a. Patterson f. Laguna b. Ridgewood g. Elgin c. Congress h. H.E.B. d. Mobile i. Los Encinos e. Snead AND DECLARING AN EMERGENCY. The Charter Rule Was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". - Minutes Regular Council Meeting June 17, 1981 Page 12 ORDINANCE NO. 16331: AMENDING THE CORPUS CHRISTI CITY CODE , 1976 REVISION, AS AMENDED, BY AMENDING DIVISION 3. PRIVATE, DRIVEWAYS, SECTION 49-42 SPECIFICATIONS, REVISING SUBSECTION (3), PROVIDING FOR THE CONSTRUCTION OF CONCRETE DRIVEWAYS CONNECTING TO STREETS THAT DO NOT HAVE CONCRETE CURB AND GUTTER, BASED ON THE NEED FOR THE STRUCTURAL STRENGTH TO SUPPORT THE ANTICIPATED VEHICLE LOADS; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16232: CONFIRMING THE APPOINTMENT OF DR. LARRY W. MAGNUSON TO THE POSITION OF CITY PHYSICIAN BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye", ORDINANCE NO. 16333: APPROPRIATING FROM THE NO. 263 MUSEUM BOND FUND THE SUM OF $27,000 FOR REIMBURSEMENT OF THE CORPUS CHRISTI MUSEUM BUDGET; AMENDING THE BUDGET OF THE CORPUS CHRISTI MUSEUM SO AS TO PROVIDE FOR CONTINUATION OF THE SALARY OF FRED ORCHARD, ARTIST AND TEMPORARY ASSOCIATE CURATOR, FROM JUNE 15, 1981 THROUGH JULY 31, 1982, FOR THE PURPOSE OF COMPLETION OF ILLUSTRATIVE ART WORK IN EXHIBITS AND IN THE EXHIBIT AREA, PROJECT NO. 263-77-1, CORPUS CHRISTI MUSEUM --COMPLETION OF EXHIBIT SPACE IN THE NORTH BUILDING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". RESOLUTION NO. 16334: RESOLUTION EXPRESSING APPRECIATION TO MRS. PAT DUAINE FOR HER MANY CONTRIBUTIONS TO OUR COMMUNITY AND COMMENDING HER FOR HER ASSISTANCE IN THE APPREHENSION OF A BURGLAR SUSPECT ON JUNE 1, 1981; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, Gulley and Kennedy, "absent". ORDINANCE NO. 16335: 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 31-5.31 SETTING FORTH ZONING CLASSIFI- CATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS A PORTION OF FARRELL J. SMITH 225.2 ACRE TRACT OF LAND, OUT OF THE MARIANO LOPEZ DE HERRERA GRANT MORE FULLY DESCRIBED HEREINAFTER IN NUECES COUNTY, TEXAS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLI_ CATION; AND DECLARING AN EMERGENCY. Charter Rule was suspended and the foregoing ordinance passed by the ging vote: Turner, Dumphy, Hawkins and Zarsky voting, "Aye"; Jones, t.....iey and Kennedy, "absent". utes .gular Council Meeting June 17, 1981 Page 13 ********* Mayor Pro Tem Turner referred to a Letter received from Mr. Guy Watts in which he requested the Council to make an exception from the charge necessary for opening various schools in order for them to continue the basketball program. City Manager Townsend stated that he would like to have staff information on this matter before the Council acts on it. City Manager Townsend informed the Council that Mr. Mike Kendrick plans to address the Council on the PPG Industrial District contract. He explained that the problem is that the official from PPG has already signed the original contract; the Council approved a number of changes after that document was signed; and PPG does not wish to sign another contract. He pointed out that this could affect many other contracts. Mayor Pro Tem Turner announced the public hearings on four zoning applications. City Manager Townsend announced the public hearing on Application No. 581-8, Messrs. Ted Anderson and Randall Thurman, for change of zoning from "I-2" Light Industrial District to "A-2" Apartment House District on Tracts A and B, Tract A being the east 130' of Lot 1, Block A, and Tract B being Lot 4, Block A, both Tracts out of the Kibby Industrial Subdivision located to the south of Jean Street and on the southwest corner of Brett Street and Jean Street. City Manager Townsend informed the Council that the Planning Commission recommends denial of the request on Tract A and approval on Tract B and the Planning Staff recommends approval. He stated that in response to the notices of the public hearing, two in favor and three in opposition have been returned. Mr. Townsend also informed the Council that the owner of the tract of land known as Tract A has filed a letter to withdraw his application for change of zoning or that the request be denied. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the owners plan to build an apartment complex. Minutes Regular Council Meeting June 17, 1981 Page 14 Mayor Pro Tem Turner invited the applicant to speak at this time. Mr. Claude Arnold, Dinerstein Builders, stated that his company owns the apartment complex on Brett Drive. He agreed to the denial of zoning on Tract A as long as they obtain approval of the change of zoning on Tract B. Mr. Arnold expressed the opinion that the traffic would not be a noise problem in this area and informed the Council that they plan the construction of apartments at each end of Tract B, with the land directly over the landfill in the middle of the Tract to be included in a feasibility study. Mr. Jim Rehler, representing Mr. Randall Thurman, the other applicant who owns Tract A, explained that a real estate company had pursuaded Mr. Thurman to sign the request for a change of zoning, but evidently their plans have not materialized and indicated that that is the reason Mr. Thurman would like to have his portion of the request denied. Mr. Sam Allen stated that he owns property just outside the 200' area of property owners to be notified but expressed his concern about the amount of traffic that will be generated if so many apartments are constructed. Mr. Allen referred to a previous hearing on a zoning case in this area at which time there was a great deal of discussion about the street, the right-of-way and the bridge, and the developer's proposal to put in the right-of-way and the street on this project is very good, but until such time as the City actually builds on the bridge, there is going to be a compounded traffic problem if the zoning for apartments is approved. City Manager Townsend agreed that such a project would be a priority item for the next capital improvement program, and stated that it has been the Staff's recommendation that the extension of Tiger Lane from the deadend of Corona Street through the Atrium Project, the McBride property and the other properties involved is a priority item for the next bond program. Mr. Townsend then explained the drainage in the area of Weber Road and this project area and informed the Council that the City had no intention of building a bridge over the drainage ditch but instead there would be a concrete drainage box from Weber through the project being discussed. Council Member Zarsky inquired about the cost of such an improvement, and City Manager Townsend replied that he would obtain this figure, but he thought it was in the area of $200,000. -.utes jular Council Meeting ,ane 17, 1981 Page 15 Mayor Pro Tem Turner asked about the consequences if this is not approved in the capital improvement program. City Manager Townsend indicated that that was the applicant's concern and the developer of the project must take that risk, unless there is some firm agreement to proceed with the project. He stated that the property owner could do this but the cost would be quite large. He continued by explaining that the Staff has been attempting to persuade the owners of other property to dedicate the right-of-way and to actually get the dedication made, but this has not been done. Mr. Arnold assured the Council that they plan to install the road almost immediately. City Manager Townsend pointed out to the Council that this is tied to the platting process and the property must be platted. City Manager Townsend then explained the complexities of the drainage box. He also stated that, at some point, in order to relieve the traffic situation, the City is going to recommend the prohibition of left turns at Brett Street and Weber Road because of a very dangerous traffic situation at this location. He stated that there is a need for a median island to eliminate that kind of movement. Assistant City Manager James K. Lontos arrived in the Council Chamber and stated that the connection of this property to Weber Road would cost $100 per foot for the drainage and about $150 per foot for the street connection, or $250 per foot. City Manager Townsend interjected that this would be over 200 feet and the Staff recommendation is that the road go all the way through to Everhart and Padre Island Drive. Mayor Pro Tem Turner made the observation that the Planning Commission and the Planning Staff both recommend that the zoning of "A-2" for Tract B be granted even with a number of problems associated with this. City Manager Townsend agreed with her statement but pointed out that it is also the Staff's recommendation that the street be opened. He stated that since approximately 200 feet is involved, the cost would be about $62,000 but mentioned other costs that would be involved for rearrangement of traffic lights, etc.; therefore, it would be somewhat more. Minutes Regular Council Meeting June 17, 1981 Page 16 Council Member Zarsky commented that in the event the Staff determines that this project would cost about $60,000, he wondered if funds could be obtained from the Street Fund because otherwise he would not be in favor of approving the requested zoning until this street and drainage matter is resolved. City Manager Townsend explained that the Staff could not certify that every street improvement project in the 1977 bond program has been accomplished; it is the Staff's judgment that it is virtually accomplished; the City receives about $50,000 a month in paving assessments; and the interest earnings in addition to that are available, and if the Council decides that of the various street needs, this has priority, then money for this project could emanate from that source. Council Member Zarsky stated that he would like to have this street opened between Weber Road and Everhart so that this project could go forward. No one else spoke in regard to this zoning matter. Motion by Zarsky that the hearing be closed, seconded by Hawkins and passed unanimously. Motion by Zarsky that the Council approve the zoning of "A-2" on Tract B of this application and deny the request on Tract A with the stipulation that the street be installed as recommended by the Staff and dedications made as indicated; seconded by Dumphy. City Manager Townsend explained that if the Council desires to tie the two items together, the appropriate motion would be to table the zoning case, instruct the Staff to take certain actions pertaining to this street, and then act on the zoning case. Council Member Zarsky then withdrew his motion to approve zoning and Council Member Dumphy withdrew his second to the motion. Motion by Zarsky to table this zoning application, seconded by Hawkins and passed unanimously. City Manager Townsend posed the question as to whether or not a public hearing to open a street, as required by the Charter, would be necessary on this street. He then stated that since this was included in the Master Plan and it has been adopted after a public hearing this would constitute the required public hearing on opening this street. lutes gular Council Meeting June 17, 1981 Page 17 City Manager Townsend explained that the project is intended to go through on top of the ditch; it will have some impact on the apartment house next to this tract; and if there is a road through there the situation of the adjacent apartment building would be improved as far as their parking lot and exit is concerned. He informed the Council that it would be possible for them to instruct the Staff to construct the road over the drainage box without dedication of additional right-of-way. Motion by Zarsky that the street be opened, seconded by Dumphy. City Manager Townsend then informed the Council that the cost of getting I the drainage box over to the street that the developer is planning to build and making the other improvements would be about $200,000. Council Member Zarsky pointed out that there is still a question as to whether or not the City could do this without a bond issue, and City Manager Townsend explained that if this is the only change in the street program that the Council desires to make, it would be possible to accomplish this. Council Member Zarsky expressed the opinion that he thought it would be appropriate to move forward on this, and City Manager Townsend explained that the motion should be to bring forth plans and specifications to connect Tiger Lane to the street being required as a part of this plat. Council Member Zarsky then amended his original motion to include the requirement that the existing property owners would provide the remainder of the street, seconded by Dumphy and passed unanimously. Motion by Zarsky to untable the motion to table Application No. 581-8, seconded by Dumphy and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and grant the zoning of "A-2" on Tract B and deny the zoning on Tract A, seconded by Dumphy and passed unanimously. ********* City Manager Townsend announced the public hearing on Application No. 581-9, Diocese of Corpus Christi, from "R -1B" One -family Dwelling District to "AB" Professional Office District on Our Lady of the Pilar Tract, containing three acres located on the south side of Bloomington Street approximately 112' east of Yolanda Drive. He stated that the Planning Commission recommends denial but in lieu thereof a Special Permit be approved to allow the rebuilding Minutes Regular Council Meeting June 17, 1981 Page 18 of the classrooms destroyed by the Hurricane and that the standard screening fence be waived, and the Planning Staff recommends denial. He stated that in response to the notices of the public hearing, three in favor and none in opposition had been returned. Mayor Pro Tem Turner ascertained that no one wished to speak in regard to this zoning application. Motion by Zarsky that the hearing be closed, seconded by Hawkins and passed unanimously. Motion by Zarsky that the Council concur with the recommendation of the Planning Commission and deny zoning of "AB" but in lieu thereof that a Special Permit be approved subject to the conditions included in their recommendation; seconded by Hawkins; and passed unanimously. ********** City Manager Townsend announced the public hearing on Application No. 581-10, Paul F. Woodruff, D.D.S., for change of zoning from "R-2" Multiple Dwelling District to "AB" Professional Office District on Lots 56, 57 and 58, Block 808, Port Aransas Cliffs, located on the south side of Alameda Street approximately 150' north of Angel Avenue. City Manager Townsend informed the Council that the Planning Commission recommends denial but in lieu thereof that a Special Permit be approved for a dentist's office with a waiver of the standard screening fence along the south property line and subject to an approved site plan and that the Planning Staff recommends denial on the basis that these properties are located in an "R-2" area containing rental units. Mr. Townsend stated that in response to the notices of the public hearing three in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the prospective purchaser of the property plans the renovation of the residence to a professional office for the practice of dentistry. Paul F. Woodruff, D.D.S., stated that the residence would be completely remodeled to a professional office, but the character of the neighborhood would not be changed that much. . f lutes ,gular Council Meeting June 17, 1981 Page 19 No one else spoke in regard to this zoning application. Motion by Zarsky that the hearing be closed, seconded by Hawkins and passed unanimously. Motion by Dumphy that the Council concur with the recommendation of the Planning Commission and deny the zoning of "AB" but in lieu thereof approve a Special Permit subject to an approved site plan and with a waiver of the standard screening fence along the south property line; seconded by Hawkins; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 581-13, Mr. George B. Gaines, for change of zoning from "R -1B" One -family Dwelling District with "SP" Special Permit to "B-4" General Business District on Lot 9, Block 6, Woodlawn Estates, located on the west side of Woodlawn Drive, approximately 230' south of South Padre Island Drive. City Manager Townsend stated that the Planning Commission recommends denial and in lieu thereof approval of a Special Permit for storage units, and the Staff would not be opposed to a revised special permit but would be opposed to the "B-4" zoning. Mayor Pro Tem Turner invited the applicant to speak. Mr. George B. Gaines stated that this application is really not a change, but the original plan indicates that the buildings would be about 12' apart and they now propose to build two smaller buildings and they therefore had to submit this request for a change of zoning so that they can make the change on their site plan. He stated that the property owners in opposition to this request are opposed to "B-4" zoning, but he was of the opinion that they are not opposed to the changed special permit. He noted that the traffic will be less than if the larger buildings were constructed. No one else spoke in regard to this zoning application. Motion by Hawkins that the hearing be closed, seconded by Dumphy and passed unanimously. Motion by Dumphy that the Council concur with the recommendation of the Planning Commission to amend the special permit as requested, seconded by Hawkins and passed unanimously. Minutes Regular Council Meeting June 17, 1981 Page 20 ********* Mayor Pro Tem Turner again called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Sam Allen, speaking as a member of the Traffic Safety Advisory Board, informed the Council that a hearing was conducted during one of their meetings to discuss the possibility of raising the parking meter rates in the Central Business District. He stated that the board considered the plan as presented by the Traffic and Transit Staff and recommended the plan. Mr. ' Allen then inquired as to why this has not been presented to the Council for further action. City Manager Townsend explained that he has not seen the report yet or the recommendation from the Staff in regard to the parking meter rates. Mr. Allen informed the Council that the report recommended doubling the rates of the parking meters; the Central Business District has not taken an official position; but he felt sure that they would support this since cars are parked all day at the same meter and the recommended increase would hopefully discourage this practice. City Manager Townsend informed the Council that the question of a staff recommendation will be made as soon as a report is available. He stated that he did not agree with the recommendation except as it involves the uptown area, but he was of the opinion that the rate should be increased about three times as high as it is now to discourage people from parking all day at the same meter. He expressed the opinion, however, that the retail businesses located in the downtown area would not agree to this and stated that he would like to see the mailing list of those who were notified that this was being considered by the Traffic Safety Advisory Board. Council Member Dumphy stated that he would like to see an update of the status of this recommendation. Mr. J. E. O'Brien, 4130 Pompano, expressed interest in Council Member Zarsky's comment during the morning workshop meeting that the Water Department is a profit making department. He also complimented Mayor Pro Tem Turner for voting against issuing tax exempt bonds for the Corpus Christi Industrial Development Corporation's assistance for the Holiday Inn, because he felt that this kind of sale places the City in a position of competing for the sale Minutes '.egular Council Meeting ane 17, 1981 gage 21 of their own bonds and the taxpayers must pay the O'Brien then referred to the proposed bond sale Manager's statement that if Proposition 14 had not would have been lower. He also questioned the City selling all of the bonds during the preceding bond interest rates will be higher this time. Council Member Dumphy reminded Mr. O'Brien that at the time the Council was contemplating the sale of bonds, he and other members of '"the TAxpayers Association_urged-that the bonds not even be sold. City Manager Townsend agreed with Mr. Dumphy's statement that the -Taxpayers Association had urged that all of the bonds not be sold. Mr. Townsend then explained his statement in regard to -the bond ratings and noted that if the City is able to retain their Aa rating from Standard & Poors, He would consider that very fortunate. He informed Mr. O'Brien that Moody's rating service had assumed that Proposition 14 would be challenged in court or they may have lowered their rating. City Manager Townsend also answered Mr. O'Brien's question in regard to a so-called "profit" in the Water Department and cost of such bonds. Mr. and questioned the City passed, the interest rate Manager's judgment in not sale, since obviously the pointed out that the profit referred to does not even take into consideration debt service.-_ He denied that the water system has $8 million dollars because out of this amount, - it is necessary to pay treatment service, money for the CHoke Canyon Dam and many other expenses, including administrative costs. He explained that the only question involved during the discussion was whether or not some payments should be transferred to the general fund. He reiterated that there is no profit in the system and the only question is whether the two payments in lieu of franchise fee and taxes should be paid out of this fund. He then explained the operation of the Water Fund. Mr. Mike Kendrick, 1020 Bank & Trust Tower, attorney representing PPG Industries, questioned why that company's contract has not been signed. He stated that he realized that the staff wanted all of the contracts to he the same but PPG had previously signed a contract approved earlier, and he did not think that they would agree to sign an amended contract. City Manager Townsend explained that the contracts that he has authority to .;ign are the ones that incorporate all of the amendments, and in order for him to sign the previously executed contract, the Council needs to rescind those amendments in order to make this legally possible. ' Minutes Regular Council Meeting r` June 17, 1981 Page 22 Mr. Kendrick reiterated that PPG wants their original contract approved and signed and stated that he would like to amend the contract at a later date. City Manager Townsend agreed to this. Motion by Dumphy that the Council approve the original PPG contract; seconded by Zarsky and passed unanimously. ********* City Manager Townsend referred to the matter discussed earlier in the meeting in regard to the fee that children have to pay to have centers opened in order for them to play basketball. He stated that they had checked and ascertained that the fee being charged is the same as that paid at the other centers. Mr. Toni—Utter, Assistant City Manager, informed the Council that Mr. Watts has worked with the Parks & Recreation Department in the basketball program; there are no volunteers who open the centers from 4:00 to 8:00 p.m. four nights a week; it is necessary for a staff person to do this; there are some volunteers who are coaching the teams; but none of them open the building: Council Member Hawkins inquired if the staff was lttloking at the possibility of exceptions, and City Manager Townsend replied that the staff- is doing ,so. - Council Member Turner suggested that Mr. Utter discuss this with Mr. Watts. Mr. Utter agreed and stated that he would have a report on this next week. City Secretary Read reminded the Council of the Texas Municipal League Region 11 Meeting to be conducted in Kingsville at Henrietta King Center on Thursday, June 25 at 6:00 p.m. and ascertained that Mayor Pro Tem Turner, Council Members Dumphy, Hawkins and Zarsky would be able to attend. There being rio further business to come before the Council, on motion by Zarskv, seconded by Hawkins and passed unanimously, the meeting was adjourned at 4:55 p.m., June 17, 1981.