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HomeMy WebLinkAboutMinutes City Council - 03/07/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 7, 1984 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: David Berlanga, Sr. Welder Brown Leo Guerrero * Dr. Charles W. Kennedy, Jr. Joe McComb ** Frank Mendez Mary Pat Slavik City Manager Edward A. Martin Asst. City Attorney John Bell City Secretary Bill G. Read (1 Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Joe McComb in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mary Pat Slavik. 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 administered the oath to the following new appointment to the Corpus Christi Business Development Corporation: Mr. Jim L. Peterson. Mayor Jones called for consideration of Board and Committee appointments and briefly reviewed those discussed during the morning Workshop Meeting. A motion was made by Mayor Pro Tem Turner that the following appointments be confirmed, seconded by Council Member Welder Brown and passed unanimously by those present and voting. a. Park Board: Term: Sandra Glass (advisory) 8-23-85 MICROFILMED Ates Regular Council Meeting March 7, 1984 Page 2 b. Marina Board: Frank Alegria Charlene Forest Charles Edward West Scott Skinner John Stensland (advisory) II. Corpus Christi '90 Appointments by 2-28-86 2-28-86 2-28-86 2-28-86 Council Members: TASK FORCE I - Culture/Arts/Landscaping/Parks/Recreation/Marina 1. Bill Brunson 2. Pat H. Wallace 3. Hugo Berlanga 4. Walter Brown 5. Oscar Soliz 6. Mike McKinnon 7. Virginia Moore 8. Paula Gaut 9. Ted Jones TASK FORCE II - Economics/Business CHAIRPERSON: Jim Price 1. Allen Itz 2. Hayden Head, Sr. 3. Dick Sowash 4. Freddie Cavazos 5. Anita Cristan 6. Ralph Beck 7. Marvin Nebrat 8. Betty Jean Longoria 9. Victor Penuel TASK FORCE III - Education 1. Stanley Lewin 2. Mike Speed 3. Veronica Guerra 4. George Sanchez 5. Felix Landin 6. Jane Kratzig 7. Val Goodwin 8. Martha Gutierrez 9. Pat Suter (Mayor Jones) (Mayor Pro Tem Turner) (Council Member Berlanga) (Council Member Brown) (Council Member Guerrero) (Council Member Kennedy) (Council Member McComb) (Council Member Mendez) (Council Member Slavik) Development/Central City Development (Mayor Jones) (Mayor Pro Tem Turner) (Council Member Berlanga) (Council (Council (Council (Council (Council (Council Member Brown) Member Guerrero) Member Kennedy) Member McComb) Member Mendez) Member Slavik) (Mayor Jones) (Mayor Pro Tem Turner) (Council Member Berlanga) (Council Member Brown) (Council Member Guerrero) (Council Member Kennedy) (Council Member McComb) (Council Member Mendez) (Council Member Slavik) utes negular Council Meeting March 7, 1984 Page 3 TASK FORCE IV: - Government/Charter Revision 1. Diane Gottlich 2. Dr. Nancy Bowen 3. Frank Longoria 4. Richard Jackson, Jr. 5. Mike Kendrick 6. Sylvia Gulley 7. Michael Lee 8. Dr. Cleotilde Garcia 9. Dean Banks (Mayor Jones) (Mayor Pro Tem Turner) (Council (Council (Council (Council (Council (Council (Council Member Berlanga) Member Brown) Member Guerrero) Member Kennedy) Member McComb) Member Mendez) Member Slavik) TASK FORCE V: - Growth/Infrastructure Needs/utilities/Basic Services 1. Francisco Rodriguez III 2. Jerry Heinzelman 3. Alicia Gallegos -Gomez 4. Pat Sullivan 5. Ignacio Moreno 6. James Barnette 7. Richard L. Bowers 8. Millie Cobb 9. George Clower TASK FORCE VI: - (Mayor Jones) (Mayor Pro Tem Turner) (Council (Council (Council (Council (Council (Council (Council Member Berlanga) Member Brown) Member Guerrero) Member Kennedy) Member McComb) Member Mendez) Member Slavik) Health/Human Services/Housing 1. Dr. Samuel Ganz 2. Kitty Arntz 3. Robert Tamez 4. Miriam Wagenchein 5. Ed Rivera 6. Dr. Bernard Rothschild 7. Wheeler Lipes 8. Abel Alonzo 9. Judy Hale TASK FORCE VII: (Mayor Jones) (Mayor Pro Tem Turner) (Council Member Berlanga) (Council Member Brown) (Council Member Guerrero) (Council Member Kennedy) (Council Member McComb) (Council Member Mendez) (Council Member Slavik) - Tourism/Conventions/Trade 1. Margie Myers 2. Charles Zahn 3. Dorothy Spann 4. John Broomfield 5. Donna Custer 6. William Pettus 7. Sam Satterfield 8. Lani Garvin 9. Aloma Dawkins (Mayor Jones) (Mayor Pro Tem Turner) (Council (Council (Council (Council (Council (Council (Council Member Berlanga) Member Brown) Member Guerrero) Member Kennedy) Member McComb) Member Mendez) Member Slavik) utes negular Council Meeting March 7, 1984 Page 4 TASK FORCE VIII: - Transportation/Air, Rail, Water 1. Harry Plomarity 2. Terri Longoria 3. Rosario Carrizo 4. Moise Garrett 5. Romeo Garcia 6. Rudy Dominguez 7. David Helpenstal 8. Luis Gonzales 9. Galen Westwick (Mayor Jones) (Mayor Pro Tem Turner) (Council Member Berlanga) (Council Member Brown) (Council Member Guerrero) (Council Member Kennedy) (Council Member McComb) (Council Member Mendez) (Council Member Slavik) TASK FORCE IX: - Military Facilities and Services Norberto Viamonte appointed by acclamation to fill the vacancy of Dean Banks 1. Joe De Leon 2. Eddie Buhidar, Sr. 3. Jerry Martinez 4. Sam Johnson 5. Joan Veith 6. Vince Favata 7. Oliver Majors 8. Ernest Carter 9. Mary K. Whitmire (Mayor Jones) (Mayor Pro Tem Turner) (Council Member Berlanga) (Council Member Brown) (Council Member Guerrero) (Council Member Kennedy) (Council Member McComb) (Council Member Mendez) (Council Member Slavik) Mayor Jones announced bid openings on the following engineering projects: 1. Minor Storm Sewer Improvements, Phase I. This project was included in the 1982-86 bond program. This project will solve localized drainage problems at (a) Delphine Street and Jean Street, (b) Lamont Street at Carroll Lane, (c) King Richard Street at Sherman Street, (d) Village on the Green Subdivision and West Oso High School Area, (e) McBride Lane at Hall Avenue, and (f) Water Street at Furman Avenue. Assistant City Manager James K. Lontos explained the procedure he will follow in opening the bids in that he will read the figure for the base bid and the additive alternative which will include one additional drainage improvement. Mr. Lontos then opened bids from the following firms: Claude Chapman Construction Company; Heldenfels Brothers, Inc.; King Construction Company, Inc.; and Ibanez Construction Company. He verified that the required bid security bond had been submitted with all of the bids. Lutes regular Council Meeting March 7, 1984 Page 5 2. George Evans School Area Street Improvements, Phase I. Street improvements in this 8th Year Community Development Block Grant Project are as follows: a. b. c. d. e. f. g. Alameda Street, from Comanche Street to Laredo Street Lowell Street, from Caldwell Street to Mussett Street Mexico Street, from Caldwell Street to Mussett Street Josephine Street, from Caldwell Street to Mussett Street Sam Rankin Street, from Caldwell Street to Mussett Street Caldwell Street, from Brownlee Boulevard to Staples Street Mussett Street, from Brownlee Boulevard to Staples Street Mr. Lontos then opened bids on this project from the following firms: Cactus Utility Company; Claude Chapman Construction Company; Heldenfels Brothers, inc.; and Maverick Construction Company.(Note: later in the meeting, an additional bid was discovered and was opened by Mr. Lontos. See page 18). Mayor Jones expressed appreciation submitted bids and stated that they would the requirements of the City Charter, and and recommendation. Mayor Jones called for consideration items: 1. Bids be received March 27, 1984 for a an option to extend for an additional of the seller and the City Manager or pounds of hydrogen peroxide for use corrosion control. to all of the companies that had be tabled for 48 hours, pursuant to referred to the Staff for tabulation of Consent Motions on the following twelve months supply agreement, with twelve months subject to the approval his designee for an estimated 205,000 by Wastewater Services for odor and 2. Bids be received March 27, 1984 for the removal of the existing safety net frame and furnish and installation of a new frame assembly at the Fire Department Drill Field, 3750 South Staples. The existing frame was installed in 1951, is rusted and needs to be replaced for the safety of personnel when using the tower. Replacing of the frame is included in the 1983-84 Budget. 3. Twelve months supply agreement for blueprint service (reproduction, sepias, film and blue lines) with option to extend for an additional twelve months subject to the approval of the seller and the City Manager or his designee, be awarded to Ridgways, Inc., based on low bid for the estimated total of $22,000. Ridgways bid a 56% discount off their printed price list. Price comparison shows no change on list prices and an increase in the discount from 51% last year to 56% this year. Bids were received from four firms. utes regular Council Meeting March 7, 1984 Page 6 4. Approving the purchase of a replacement van for Retired Senior Volunteer Program at a cost of $12,151. RSVP requested and received a $5,000 grant from the Dougherty Foundation and a $5,000 grant from the Area Agency on Aging. The additional funds will come from the 1983-84 RSVP budget. 5. One 2 -passenger window van for Parking Control be purchased from Courtesy Ford for the total of $8,947.05. This is an additional vehicle to be purchased from the same low bidder approved by the City Council January 25, 1984. This vehicle was budgeted in the 1982-1983 budget and will be purchased from the Parking Improvement Fund for mobile repair of traffic meters. 6. Appointing the Corpus Christi National Bank as Paying Agent/Registrar for the $12,500,000 General Improvement Bond sale on March 28, 1984 in accordance with the following fee schedule: Acceptance Fee Original Issuance & Registration $5,000 per Bond (Bonds issued within 10 days of closing) Minimum Acceptance Fee $1,000.00 Annual Administration Charge First $5 million (per million) Second $5 million (per million) Over $10 million (per million) Annual Bondholder Maintenance Fee $6.00 per Bond Transfer $1.50 per Interest Check $ 75.00 50.00 25.00 In addition, the agent will be reimbursed for other expenses such as postage, insurance for shipment of securities and legal fees on an actual cost basis. 7. A public hearing be held on March 28, 1984, on the request to close a 50 foot wide, unnamed and unimproved dedicated street in Lot D, Mt. Vernon Shopping Center. This street is located at the west end of Lum and Nolan Avenues, which were closed in 1983. A number of utility easements, including one drainage easement, are also being requested for closure. The street and easement closure requests are being made in connection with the development of the new South Staples Mall on McArdle Road between the Padre Staples Mall and the Sunrise Mall. 8. An indemnity agreement providing evidence of assets in excess of $20,000,000 posted by Seagull Energy E & P Incorporated be accepted in lieu of a bond and insurance certificate and a permit be granted to the firm to drill a well from a regular location in the Gulf of Mexico. The State lutes negular Council Meeting March 7, 1984 Page 7 Tract 915s Well No. 1 will have a surface location 5,730 ft. seaward of the Beach at the Padre Island Holiday Inn and will be directionally drilled 2,900 ft. toward shore to a depth of 9,500 ft. No exceptions to the Gulf Drilling Ordinance are requested. 9. The City Manager or his designee be authorized to execute a contract with Nueces County for continuation of the Elderly Program outside the City limits of Corpus Christi. The contract contains a total budget of $132,362 and includes $19,888 in CBCOG funds earmarked for rural Nueces County, and $112,424 as the Nueces County allocation. The program will provide for such services as transportation, escort, outreach, information and referral, recreation and counseling from March 1, 1984 to February 28, 1985. No City funds are involved. 10. Approving a revised budget for the CC '90 program in the amount of $59,225 and approving a contract in the amount of $39,525 with Cable, Spiller, Timm and Associates to provide full-time general administrative and secretarial support to the CC '90 project with funding to be drawn from the Revenue Sharing Fund. Mayor Jones explained that anyone who wished would have an opportunity to address any of the motions at the appropriate time. City Manager Martin informed the Council that he would like to amend item 10 to add the following phrase: "authorizing the City Manager to execute an agreement with Corpus Christi State University in connection with reimbursement for expenses incurred by CCSU". Mayor Pro Tem Turner referred to item 4 and commended Sandra Gonzales for obtaining the grants. Council Member Slavik referred to item 10 and inquired if the amount listed in that item was the entire cost of the Corpus Christi '90 Program. City Manager Martin explained that that firm will be employed for the length of the project and that figure will include administrative and secretarial support. He explained that the project was originally scheduled to be completed in thirteen months but funds had not been allocated for printing of the documents following completion. No one in the audience spoke in regard to the foregoing items. A motion was made by Mayor Pro Tem Turner that the Consent Motions, items 1 through 10, as amended, be approved; seconded by Council Member Guerrero; and passed unanimously. Mayor Jones stated that Council Member Guerrero had suggested that all of the students from Del Mar introduce themselves. lutes regular Council Meeting March 7, 1984 Page 8 Mayor Jones then requested that they stand and several students introduced themselves and one student explained that the purpose of their attendance at the Council Meeting was in connection with their preparation of a term paper the subject of which will be "The City Council and the Accuracy of the Reporting by the Corpus Christi Caller Times". Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 11 through 16. 11. Closing the public hearing on the Cole Street Improvements project held on February 22, 1984, and adopting the assessment roll which totals $27,823.68 and has 14 items. Mayor Jones inquired if there were any controversial issues connected with the foregoing item. City Manager Martin explained that the only controversial issue was the location of the sidewalks and at the end of the public hearing, the City Council directed that the sidewalks be placed adjacent to the curb rather than ten feet from the property line as recommended by the City Staff. A motion was made by Mayor Pro Tem Turner that the hearing be closed and the foregoing item be approved, seconded by Council Member Guerrero and passed unanimously. 12. A contract be awarded to Ibanez Construction Company in the amount of $97,794 for Cole Street Improvements, and $125,000 be appropriated from the Street Bond Fund for the contract award, contingencies, testing, engineering and related expenses. This 1982 Voluntary Paving Bond project provides for the reconstruction of Cole Street from Ocean Drive to Santa Fe. A motion was made by Mayor Pro Tem Turner that the foregoing item be approved, seconded by Council Member Guerrero and passed unanimously. 13. Closing the public hearing on the Main Drive Street and Drainage Improvement project held on February 22, 1984, and adopting the assessment roll containing 183 items. The roll totals $133,545.40. 14. A contract be awarded to Claude Chapman Construction Company for the Main Drive Street and Drainage Improvement project in the amount of $848,558.50, and $650,000 be appropriated from the Street Bond Fund and $283,000 out of the 6th Year Community Development Block Grant Fund, for a total of $933,000, for the contract award, contingencies, engineering, and related expenses for this 1977 Voluntary Paving and 6th Year Community Development Block Grant project. utes ..egular Council Meeting March 7, 1984 Page 9 A motion was made by Council Member Guerrero that items 13 and 14 be approved, seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Brown, Guerrero, McComb and Slavik voting, "Aye"; Berlanga, McComb and Mendez, out of the Council Chamber at the time the vote was taken. 15. The sum of $215,000 be appropriated from the Library Bond Fund for remaining architectural fees in connection with the new Central Public Library, including demolition funds for an existing structure on the library site and for printing costs, additional engineering and incidental expenses. Remaining phases of the architectural contract include the Design Documents Phase, Bidding Phase and Construction Phase. Final plans for the building should be completed in late April, 1984. City Manager Martin explained that this is the final phase of the payment for the architectural services associated with the new library. He explained other expenses that will be incurred in the future for this project. Mayor Pro Tem Turner inquired if the plans and specifications have been carefully scrutinized, and Mr. Martin explained the procedure and stated that the City's architect and the City's engineer will examine the plans before going out for bids. Council Member Brown noted that the standard architectural fee formerly was approximately 6%, and Mr. Martin stated that the City is attempting to get away from percentage contracts in order to use a definite figure. Mr. Lontos informed the Council that this figure represents approximately 8% to 9% of the contract and that includes construction observation. A motion was made by Council Member Berlanga that item 15 be approved, seconded by Mayor Pro Tem Turner and passed by the following vote: Jones, Turner, Berlanga, Guerrero, McComb and Slavik voting, "Aye"; Kennedy and Mendez, absent from the Council Chamber at the time the vote was taken. 16. Authorizing execution of an agreement with the State of Texas and the Missouri Pacific Railroad Company to install railroad flashers and gates at the railroad crossing on Hearn Road, and appropriating $16,960 from the Street Bond Fund for the City's 20% estimated share of installation costs. Mayor Jones inquired as to which entity would pay the electricity costs, and Mr. Lontos stated that he would find out and inform the Council. * Council Member Kennedy arrived at the meeting at 2:38 p.m. A motion was made by Council Member Slavik that item 16 be approved, seconded by Mayor Pro Tem Turner and passed unanimously by those present. lutes negular Council Meeting March 7, 1984 Page 10 City Secretary Read suggested that votes be taken on the foregoing ordinances. He polled the Council and the foregoing ordinances were passed: 11. ORDINANCE NO. 18105: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Cole Street, from Ocean Drive to Santa Fe Street; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the vote was taken. 12. ORDINANCE NO. 18106: AUTHORIZING THE EXECUTION OF A CONTRACT WITH IBANEZ CONSTRUCTION COMPANY FOR THE COLE STREET IMPROVEMENTS PROJECT; APPROPRIATING $125,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the vote was taken. 13. ORDINANCE NO. 18107: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Main Drive, from Sedwick Road to Leopard Street; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the vote was taken. 14. ORDINANCE NO. 18108: AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY FOR THE MAIN DRIVE STREET AND DRAINAGE IMPROVEMENTS PROJECT; APPROPRIATING $933,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the vote was taken. rutes regular Council Meeting March 7, 1984 Page 11 15. ORDINANCE NO. 18109: APPROPRIATING $215,000 FOR REMAINING ARCHITECTURAL FEES, DEMOLITION AND ADDITIONAL ENGINEERING, PRINTING AND INCIDENTAL EXPENSES FOR THE CENTRAL LIBRARY PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the vote was taken. 16. ORDINANCE NO. 18110: AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF TEXAS AND THE MISSOURI PACIFIC RAILROAD COMPANY FOR THE INSTALLATION OF RAILROAD FLASHERS AND GATES AT THE RAILROAD CROSSING ON HEARN ROAD; APPROPRIATING $16,960; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy, McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the vote was taken. Mayor Jones called for consideration of motions from the Regular Agenda on the following items: 17. The request of Mr. Duane Davis to close one-half of a 75 -foot wide by 238 -foot long drainage easement abutting Lot 1, Staples Grove Subdivision at LaCosta Drive and South Staples Street be denied. This drainage easement is a portion of the Mary Carroll Drainage Ditch. The easement is needed for future drainage facilities and for maintenance purposes. Mr. Lontos explained to the Council that there is one addition to that item in that the Staff recommends against closing the right-of-way. He reviewed the history of the drainage ditch that was established at the time Mary Carroll High School was constructed. He explained that the drainage flow has changed since so much development has occurred in that area in that part of the drainage flows east from Staples Street and part of it flows west. He stated that the Staff is of the opinion that this large drainage ditch right-of-way should be retained for the following reasons: (1) maintenance, noting it is necessary to get large pieces of equipment into the area to provide maintenance; (2) there may be a future need for this right-of-way; and (3) there is a bike path system which extends over this area and the Staff feels that it should be retained and improved. He stated that the Staff recommends denial of this request to close one-half of the drainage easement. Mayor Jones called on the applicant who had made the request to speak. lutes ..egular Council Meeting March 7, 1984 Page 12 Mr. Duane Davis presented copies of plans and photographs of his property. ** Council Member Frank Mendez arrived at the meeting at 2:47 p.m. Mr. Davis continued by stating that the ditch has been plugged in that section since 1973. He explained that at the time the sanitary sewer was extended through that area, he requested that the rest of it be plugged and it was done. He explained that he would like to have that section of the ditch abandoned because he would like to have that 3712 feet of land to develop. Mayor Jones inquired if the property owner was paying the taxes on the right-of-way, and City Manager Martin stated that since it is an easement, Mr. Davis probably is but so are all of the other property owners. Mayor Jones inquired of Mr. Davis what he thought would be the consequences if every property owner along that ditch made the same request to close the ditch in front of their property. Mr. Davis stated that he realizes that the City needs a drainage ditch, but that portion has been plugged since 1973. Mayor Pro Tem Turner asked for an explanation as to what kind of circumstances would have to exist in order for the necessity to occur to open the drainage ditch. Mr. Lontos explained that if a great deal of development occurs and the development includes a lot of parking lots, then the drainage problems would be created which would flood the ditches and make it necessary to enlarge the ditches to move the drainage water out. He stated that the Staff does not see any need at the present time for opening the drainage ditches but there is the distinct possibility that it could be required in the future. He also pointed out again that there is a need to maintain the ditch from Staples to Everhart and the City has to have access to move heavy equipment into the area. Mayor Jones stated that he agrees with the Staff's recommendation on this request and he felt that it should be denied because other developers would be entitled to the same treatment. Mr. Bill Dominy, 5604 Old Brownsville Road, spoke in behalf of the request to close this drainage easement. He stated that this right-of-way was originally granted to the County and according to the document signed by the County Commissioners and the former owners of this right-of-way, there is a clause included in that document as follow: "It is agreed that upon abandonment of the above mentioned County right-of-way, or any part thereof, by order of the Commissioners' Court of Nueces County, Texas, declaring the same or any part thereof abandoned, then all title rights and interest in and to the right-of-way or any part thereof so declared abandoned shall revert back to and be in the owner at the time of the abandonment by such order of the Commissioners' Court of the fee of said right-of-way or part thereof." tutes negular Council Meeting March 7, 1984 Page 13 Mr. Dominy then expressed the opinion that since this right-of-way ditch has been plugged, it has, in essence, been abandoned and he was of the opinion that it should revert back to the property owner. Council Member Kennedy disagreed because the City is still maintaining it and pointed out to Mr. Dominy that if he thinks it has been illegally abandoned, then he could take it to Court. He stated that he would vote against the request. Council Member Guerrero stated that he did not believe the ditch has been abandoned and he will vote not to grant the request. Mr. McComb also expressed the opinion that the City has not abandoned it since they still use it for maintenance of the ditch. A motion was made by Council Member Berlanga that the request to close the drainage easement be denied in accordance with the Staff recommendation. The motion was seconded by Council Member Slavik and passed unanimously. 18. Consideration of the recommendation of the Transportation Advisory Board to amend Chapter 53 of the City of Corpus Christi Code of Ordinances to add a new Section 53-13 to require the use of child passenger restraint systems for children under the age of 4 years or weighing less than 40 pounds when those children are transported upon public streets in a motor vehicle not exceeding 6,000 pounds unladen weight. The staff does not recommend this amendment because it would conflict with State law. City Manager Martin stated that this is related to the first ordinance on the Regular Agenda in that they both involve safety measures for children and they are both recommendations of the Transportation Advisory Board. He stated that the Staff concurs with the recommendation prohibiting the practice of leaving a child in a motor vehicle for longer than five minutes, but because of the fact that the City does not have the authority to adopt such an ordinance pertaining to the requirement for child restraint for children under four years old in a motor vehicle, it would be difficult to enforce because it is not a State Law. He asked for a further explanation by Jay Doegey. Mr. Doegey stated that the ordinance is before the Council in response to an editorial written by the Corpus Christi Caller Times last year which Mayor Jones suggested be considered. He stated that the restraint statute is patterned after a California law that was passed the previous year and the proposed ordinance would make it unlawful for children to be in a vehicle which weighs less than 6,000 pounds if that child is less than 4 years old and weighs less than 40 pounds. He stated that it also requires that no retailer shall sell any restraint seat that does not meet the Federal Motor Vehicle Safety Standard's Code. He explained the events that had occurred as far as the State of Texas is concerned and summarized by stating that they considered this type of legislation but it failed to pass during the preceding Legislature. lutes ..egular Council Meeting March 7, 1984 Page 14 Mayor Jones expressed the opinion that the Council should take action on the item prohibiting leaving a child in a motor vehicle for longer than five minutes but that the other ordinance should not be passed. Council Member Slavik concurred and stated that she felt it would be futile to pass an ordinance that could not be enforced. She suggested that a resolution be passed indicating the Council's concurrence with such a law which could be forwarded to the Legislature. Council Member Slavik then made a motion that such a resolution be prepared expressing the Council's views for submission to the State Legislature. The motion was seconded by Council Member Kennedy. Mayor Jones called for comments from the audience on these two items. Dr. David Gray, Director of Emergency Services at Memorial Medical Center, addressed the Council and stated that he has seen children with terrible injuries as a result of not being restrained in a motor vehicle. He stated that he felt that an ordinance such as the one being considered, even though there may be a legal problem in enforcing it, would at least make people aware of the benefit that could be gained from wearing restraints for all people, but particularly for small children. Mayor Jones inquired about the cost of the restraint seats that would meet the Code, and Dr. Gray replied that the cost is between $40 and $100. Mr. Doegey stated that he felt that the ordinance could be used as a warning device, but he really had problems with the Police stopping people if it is not related to breaking the law. Mayor Jones agreed, pointing out that the Police are so busy that they would have a great deal of difficulty in having much impact by stopping people and warning them that restraint seats should be used for children. City Manager Martin suggested that there are a lot of tools that could be used by various agencies and organizations to make people more aware of the danger of not using restraints for their children without having the Police stop citizens who are obviously not using them. Council Member Brown inquired as to why the State Legislature did not pass such a bill, and Dr. Gray stated that even our local Legislators voted against it and he felt that the reason they voted against it was because there are a lot of families in South Texas who have large families which would make it very difficult for them to purchase enough restraint seats for that many children. lutes negular Council Meeting March 7, 1984 Page 15 Council Member Berlanga commended Dr. Gray for his concern but stated that he felt it would be very difficult for the Council to pass any kind of ordinance that could not be enforced. Mr. Berlanga then recommended that the Council resort to the civic organizations and other groups in an attempt to make people aware of the problem. Dr. Gray stated that there has been an ongoing effort towards that end. He made one more suggestion that possibly billboards could be utilized for messages to inform people of the dangers of not using restraints for their children. Council Member Kennedy expressed appreciation to Dr. Gray for taking time from his busy schedule to come here to speak on this issue. He suggested that this would be an excellent subject for the Task Force on Health to discuss and possibly, obtain T.V. and radio coverage to make citizens aware that such Legislation should be passed in the State. Mayor Pro Tem Turner stated that she would recommend that this be referred back to the Transportation Advisory Board with the request that they be responsible for devising a massive publicity campaign. Council Member McComb stated that he felt that this was a very important issue in child safety and suggested that if an ordinance were passed and anyone wanted to challenge the right to enforce it, they would have to pay attorneys' fees, etc., which would be more expensive than the cost of purchasing a restraining seat. He stated that he had no problem with passage of such an ordinance. Mr. Ben Sley addressed the Council in regard to this and stated that he had a different opinion from that of the City Legal Staff. He distributed copies of the Motor Vehicle Law and read a paragraph which he felt would allow cities to pass any ordinance that is not in conflict with State Law. He expressed the opinion that even though the Legislature did not pass such a law, there is nothing in the Motor Vehicle Law that would be in conflict with the proposed ordinance. Mr. Doegey stated that there is something that he and Mr. Sley agreed on in that there is no specific conflict but he stated that his concern is that it would be very difficult to enforce the law in Corpus Christi because of the lack of uniformity all over the State. He pointed out that many people would be traveling to the City of Corpus Christi who were not aware that we had such an ordinance and that is when the problem would occur. Dr. Robert Tamez also spoke in favor of passing the ordinance but stated that he could not address the legality of such an ordinance. He also expressed the opinion that the restraining seats could be purchased for a lower amount than $40. Mayor Jones reiterated that he questioned whether the Council should pass an ordinance that might be in conflict with State Law but urged that the resolution be passed and sent to the State Legislature. lutes negular Council Meeting March 7, 1984 Page 16 Mr. McComb again urged that the ordinance be passed to require the restraint seats. Mayor Jones briefly reviewed the motion under consideration and stated that it is for a resolution to be prepared to be sent to the Legislators encouraging them to pass a bill making restraining seats mandatory for the State of Texas. The motion passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, Mendez and Slavik voting, "Aye"; McComb voting, "No". (Note: Council Member McComb later changed his "no" vote to "yes" at the time the ordinance failed to pass) Council Member Mendez referred to the ordinance prohibiting the leaving of a child in a motor vehicle for longer than five minutes and suggested that this type of ordinance should have some publicity so that people will be aware of it. He suggested that the effective date not be until 60 days after passage of the ordinance. Council Member Mendez then made a motion to that effect and it was seconded by Council Member Berlanga. Mayor Pro Tem Turner inquired about the enforcement of this portion of the Code, and City Manager Martin explained that the fine would not exceed $200. He stated that typically, a citation would be issued as a result of a complaint, and it is a Class C misdemeanor. Council Member Slavik referred to a related matter and suggested that an ordinance be passed prohibiting leaving children or animals in a sealed car during hot weather because of the excessive heat. City Manager Martin explained that the purpose of this ordinance is to prohibit this for children. Council Member Slavik suggested that something be brought back for consideration at a later date to prevent such treatment of animals as well. Council Member Berlanga stated that he concurred with Council Member Mendez' suggestion that the ordinance not be in effect for at least a month after passage. Mayor Jones called for the vote on the motion to amend the ordinance to include the stipulation that it will not go into effect for 60 days, and it passed unanimously. City Secretary Read polled the Council for their vote on Ordinance 19 and it passed as follows: Utes negular Council Meeting March 7, 1984 Page 17 19. FIRST READING: AMENDING CHAPTER 53 OF THE CODE OF ORDINANCES BY ADDING A NEW SECTION PROHIBITING THE LEAVING OF A CHILD UNATTENDED IN A MOTOR VEHICLE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Council Member McComb stated that he would like to make a motion that Item No. 18 be approved in concurrence with the recommendation of the Transportation Advisory Board. Mr. McComb's motion died for lack of a second. Council Member McComb then stated that he would like to vote in favor of the motion to pass a resolution which would be transmitted to the State Legislature. City Manager Martin referred to Ordinance No. 20 which is the first reading of an ordinance amending the Code to require the reporting of the historical or archaeological materials discovered at any excavation site. City Manager Martin stated that this is recommended by the Museum Advisory Board and would require anyone working on a site for excavation to report to the Museum any artifacts, as listed in the ordinance, in order that the Museum Staff would have an opportunity to work to preserve such artifacts. Mr. Bill Hennings, Assistant City Manager, stated that the ordinance will include a description of the types of items that would be of interest to the Museum. He stated that this would apply to artifacts discovered on private property as well as public property and informed the Council that people in the construction business would be notified of the passage of this ordinance. Mayor Pro Tem Turner inquired as to why such reports are not made directly to the Texas Archaeological Society. She expressed the opinion that this would just establish another level of bureaucracy. City Manager Martin explained that the State requires that any archaeological finds on public property be reported to the Archaeological Society but this would apply to private property. He assured the Council that there would be no delay on construction sites except on a voluntary basis. He also pointed out that this is a three -reading ordinance and could be changed if the Council desired. Mayor Pro Tem Turner then suggested that an ordinance not be passed but possibly a resolution be considered urging construction workers to report such artifacts. lutes regular Council Meeting March 7, 1984 Page 18 Council Member Mendez stated that he would not object to supporting it on the first reading but he would like to have a member of the Museum Advisory Board address the Council in regard to this for further explanation of just what they want included in the ordinance. City Secretary Read polled the Council for their votes and the following was passed on first reading: 20. FIRST READING: AMENDING THE CODE OF ORDINANCES TO REQUIRE THE REPORTING OF HISTORICAL OR ARCHAEOLOGICAL MATERIALS DISCOVERED AT ANY EXCAVATION SITE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Pro Tem Turner stated that she did not believe that the ordinance contains sufficient information for her to be able to pass this on second reading. City Manager Martin suggested that the Council provide the Staff with questions they would like addressed and the Staff would do so, and Mayor Pro Tem Turner indicated that she would. City Secretary Read informed the Council that a member of his Staff had discovered an additional bid on the George Evans School Area Street Improvement project. He assured the Council that it was in his office at 9:50 a.m. the previous morning and had not been removed from that office until this time. A motion was made by Mayor Pro Tem Turner that the bid be opened, seconded by Council Member Slavik and passed unanimously. Assistant City Manager Lentos then opened the bid on this project from A. Ortiz Construction Company. It was noted that this was evidently the lowest bid, and City Engineer Gerald Smith stated that he will call Maverick Construction Company who had obviously been under the impression that they were the low bidder on this project. lute s �gular Council Meeting March 7, 1984 Page 19 Mayor Jones called for the public hearing on the following street closing: 21. Closing Hereford Street, a 60 foot wide by 1,650 foot long section of undeveloped roadway in accordance with the approval of the preliminary plat of Windsong Subdivision in the Holly Road, Rodd Field Road and Wooldridge Road area. Mr. Lontos explained to the Council that the developer, Mr. Al Hogan, has dedicated other streets in the subdivision and the Staff has no objection to closing this street right-of-way which does not even exist on the ground. He located the right-of-way on a transparency and pointed out other streets in the area that would provide proper traffic circulation. Council Member Slavik stated that she understood that discussions had been held in regard to the possibility of obtaining compensation for land acquired by property owners as a result of street closings. Mayor Jones explained to Mrs. Slavik that Council Member Herbert Hawkins had made an appeal every time a street or an alley was closed that the property owner should pay for the land acquired through the closing. He explained that the only action would be for a Council Member to make a motion and obtain support,of the Council to have this further considered. Council Member Kennedy further explained that Mr. Hawkins was primarily concerned about a street that was closed on the perimeter of a subdivision but pointed out that this applicant is going to provide other streets within the subdivision and in effect is just actually relocating streets. Council Member Slavik stated that she would like to request that this matter be brought back by the Staff with information for her in regard to the possibility of charging for street closings. She expressed the opinion that property owners who receive land should pay the City some remuneration and asked for a report on the subject. City Manager Martin explained that the Staff has just finished this study because he felt that the Staff had already been requested to do this. He stated that this will be placed on the Workshop Agenda as a discussion item, and if the Council concurs that a new policy should be established, public hearings could be scheduled prior to changing the policy. He assured the Council that the information will be in their packets either this Friday or the following Friday evening. No one spoke in regard to this street closing. A motion was made by Council Member Mendez that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. lutes xegular Council Meeting March 7, 1984 Page 20 City Secretary Read polled the Council for their vote on the ordinance effecting the street closing and it passed as follows: 21. ORDINANCE NO. 18111: CLOSING AND ABANDONING 60 FOOT WIDE HEREFORD STREET FROM A POINT 330 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF HOLLY ROAD, SOUTHWARD, APPROXIMATELY 1,650 FEET TO ITS DEADEND; PROVIDING CONDITIONS THEREFOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye". Mayor Jones called for the City Manager's Report. City Manager Martin stated that he was not sure about the action taken during the morning in connection with plans for discussing guidelines for use of IRB's. He inquired if the Council wanted something scheduled for next week on this subject. A motion was made by Council Member McComb that the Council review the guidelines they had established for issuance of IRBs. City Manager Martin suggested that if this is going to be discussed, that it be done next week since the Staff is working with people who have requested the issuance of IRBs for projects that meet the current guidelines. Council Member Guerrero stated that he sees no reason to change the guidelines, and Council Member Brown stated that the Council could at least review those guidelines. Council Member Berlanga indicated that he was not sure about the guidelines. Mayor Jones stated that all of the Council Members have been provided with copies of the guidelines and they have been discussed. Council Member Kennedy seconded Council Member McComb's passed as follows: Turner, Berlanga, Kennedy, McComb and Slavik Council Member Guerrero questioned the legality of was discussed during another meeting. motion voting, voting on and it "Aye". a motion that Council Member Kennedy suggested that if there is enough question about their guidelines, they should be discussed, and Mayor Jones declared that the motion had passed by the five voting "Aye". Lutes negular Council Meeting March 7, 1984 Page 21 City Manager Martin also stated that in about a month, he would have a report ready in regard to the number of firefighters that are needed to provide service in the Fire Department. He stated that he did not object to having the Union people coming in during the Workshop Meeting and assured the Council that he will have the Staff report on firefighters within a month. Council Member Mendez inquired if he was referring to the possibility of setting the date of April 4th. He expressed the opinion that this would be good but that he had been contacted by the President of the Firefighters Association and stated that they would like to make their presentation on March 21st because they have arranged for outside speakers. He suggested that the Council could hear their presentation on March 21st and then have the Staff report on April 4th. City Manager Martin indicated that he would concur with this and the Council could devote the entire Workshop Meeting to the Staff report. Mayor Jones inquired if the suggestion was being made that the Firefighters make their presentation on March 21st with the understanding that no decision would be made until after the Staff report is presented. A motion was made by Council Member Mendez that the presentation by the Firefighters Association be held on March 21st, seconded by Council Member Guerrero and passed unanimously. Mayor Jones announced consideration of the following tabled zoning application. Application No. 184-3 Mr. A. B. Marshall, Jr., for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 22, Block 1, Southside Addition, located on the west side of Archer Drive, approximately 100' south of Sunnybrook Road. This application was tabled last week to allow the applicant to discuss his plans with the neighbors. Assistant City Manager Utter reviewed this case, noting that both the Planning Commission and Planning Staff recommend that it be denied because it is an intrusion into a residential neighborhood. He explained that the case was tabled in order to allow the applicant to discuss his plans with the neighbors and ascertain whether or not they object to these plans. Mr. Wenger located the property on the zoning and land use map, showed slides of the vicinity and displayed a picture of the battery shop which fronts on Ayers Street. He reiterated that the Staff feels that this would be an intrusion into a strictly residential neighborhood. utes Regular Council Meeting March 7, 1984 Page 22 Mr. A. B. Marshall, the applicant, stated that he had obtained a signed petition from everybody in the neighborhood, including the three who originally expressed opposition to this. He reiterated that he just wants a special permit to allow for the parking of the cars on the rear portion of this lot and assured the Council that he planned to construct a completely enclosed fence around that portion so that there would be no access to Archer Drive. Council Member Guerrero stated that the responsibility of good planning is in the hands of this Council and there may be other property owners who will request the same kind of special permit. Council Member Mendez stated that he had gone to the site, examined it, and is quite familiar with the area. He noted that on Ayers, there are no businesses that could utilize the property to the rear and he did not feel that approval of this special permit would start a chain reaction of other requests similar to it. He stated that he would recommend approving a special permit if that area is fenced off so that access would not be allowed into the residential neighborhood. Council Member Brown indicated his concurrence with Council Member Mendez and stated that he felt that it would be satisfactory to adopt a special permit to allow for the parking of the cars only. Council Member Berlanga expressed the opinion that Mr. Marshall is acting in good faith to resolve a bad situation that exists in his place of business. He stated that he sees no reason not to approve the special permit to allow for the parking of vehicles only. A motion was made by Council Member Kennedy that the requested zoning of "B-4" be denied but in lieu thereof that a special permit be granted to allow for parking vehicles on the rear portion of the subject lot with the stipulation that the area be completely fenced so that no access would be possible on Archer Drive. The motion was seconded by Council Member Mendez and passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb and Mendez voting, "Aye"; Jones, Guerrero and Slavik voting, "No". Mayor Jones stated that an ordinance will be on the agenda next week. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Guerrero and passed unanimously, the Regular Council Meeting was adjourned at 5:14 p.m., March 7, 1984. * * * * * * * * DZ/rr I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of March 7, 1984 thru March 28, 1984, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. March 07, 1984 - Regular Council Meeting March 07, 1984 - Special Council Meeting March 14, 1984 - Regular Council Meeting March 21, 1984 - Regular Council Meeting March 28, 1984 - Regular Council Meeting