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HomeMy WebLinkAboutMinutes City Council - 04/25/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 25, 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 City Attorney J. Bruce Aycock City Secretary Bill G. Read Ca I Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Father Lawrence White of Our Lady of Guadalupe Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Joe McComb. 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. A motion was made by Council Member Mary Pat Slavik that the minutes of the Regular Meeting of April 18, 1984 be approved as presented; seconded by Council Member Leo Guerrero; and passed unanimously. * * * * * * * * * * Mayor Jones called for the scheduled presentation by representatives of the Art Community Center. Mrs. Zella Guerguin, 4302 Ocean Drive, addressed the Council as a representative of the Art Community Center which is located at 902 Park Avenue. Mrs. Guerguin provided a history of the Center and its various locations. She referred to the yearbook, copies of which had been provided the Council, and stated that the Center fulfills functions that no other organization does. She explained that it is a unified center for the arts and includes many art forms. She then elaborated on some of the activities of the Art Center and pointed out that many tourists attend shows, etc., at the Art Community Center. She explained that they planned additional activities for the entertainment of those attending conventions in Corpus Christi. She pointed out the number of well-known artists who have taught and exhibited at the Art Community Center and MICROFILMED Minutes Regular Council Meeting April 25, 1984 Page 2 noted that they support ethnic activities as well. She emphasized the need for a new home for this center and stated that they would like to be allowed to use the City Hall Annex when the new City Hall has been completed. She explained that she felt that this would be an ideal location, which would be readily accessible to visitors to the City as well as residents of the City. She described the contemplated plans for improvements to the building and stated that they would like to have a decision on the use of the Annex so that they may formulate their plans. She summarized her remarks by pointing out the importance of the arts and expressed appreciation to the Council for appointing Corpus Christi '90 members to study future plans for the City. Mayor Jones informed Mrs. Guerguin that the City anticipates groundbreaking ceremonies shortly after the first of the year for the new City Hall, and at that time, there might be discussion on the use of the City Hall buildings. Council Member Kennedy expressed the opinion that this would be an excellent site for the Art Community Center, but the decision on the use of the building will probably have to be made by the next City Council. He reminded the members of the Art Community Center who were present that there are a large number of people who advocate demolishing both of the existing City Hall buildings. He stated that he personally thought that the present City Hall site would be preferable for the new building, but because of the opposition expressed, it has now been designated for another location. Council Member Slavik indicated that she felt that the Annex would be a viable use as the Art Community Center also. Council Member Mendez pointed out that once the Council has considered how the Annex will blend in with the park improvements and the Bayfront Plan, and if the Art Community Center is willing to contribute funds for renovating the building, he felt that it would be a good location for this use. Mayor Jones recognized Mr. Odell Engle, who was present in the audience and noted that he was a former City Council Member. * * * * * * * * * * City Manager Martin explained that at this time, even though it is not listed on the agenda, he would like for safety awards to be made to several City employees who have been recognized on a State level for driving without an accident. Mr. Al Hyman, Director of Safety and Risk Management, assisted Mayor Jones in presenting the awards to the following City employees: Street Division - Refugio Prado, Jesse Jackson, Martin Garcia, Merit Awards; Fabian Gonzales, Hillario Liserio, Honor Awards; Gas Division - Zargosa Garcia, Honor Award; Santiago Mata, Merit Award; and Miguel C. Hernandez, Sanitation, Merit Award. Council Member Berlanga stated that he had driven a city vehicle for 24 years without an accident and he had never received as much as a thank you. Mayor Jones then recognized Council Member Berlanga for this achievement and a photograph was taken of Mr. Berlanga and Mayor Jones. Minutes Regular Council Meeting April 25, 1984 Page 3 * * * * * * * * * * Mayor Jones called for the scheduled bid opening on the following engineering project: Improvements and expansion of the Allison Wastewater Treatment Plant. This project includes the modification of the existing plant to improve effluent quality and the expansion of the plant from its present design capacity of 2,000,000 gallons per day to 5,000,000 gallons per day. Assistant City Manager James K. Lontos briefly reviewed the project, explained that it had been advertised nationally because of the vast size of the project, and the City Engineering Department had received a good response from the advertising. He then opened bids on the project from the following companies: Basic Constructors, Inc., Houston, Texas; Belco Construction Company, Inc., Temple, Texas; Delta Electric Construction Company Inc., San Antonio, Texas bidding in conjunction with R.B. Butler, Inc. of Bryan, Texas; Goolsby Building Corporation, Temple, Texas; Gracon Construction Company, Inc., Mesquite, Texas; Nunn and Shumway Construction, Houston, Texas; Texas Olsen Construction Company, Irving, Texas; and W. T. Young Construction Company, Corpus Christi, Texas. Council Member Slavik referred to the combined bid submitted by Delta and R. B. Butler and asked about the significance of the joint bid. Mr. Lontos explained that this is not unusual and explained that it would be a joint venture between the two construction companies. Mayor Jones asked about the anticipated starting date, and Mr. Lontos explained that approval has to be obtained from the Texas Department of Water Resources before work can begin; the number of working days allowed is 450, which is little more than two years; following which the plant will meet the standards and will exceed the required capacity. Council Member Slavik inquired if an outside engineer was employed for this project. Mr. Lontos explained that this project has been continuing for four or five years, and Urban Engineering was the firm who prepared the design. He explained that the outside engineering firms have the ability to get all types of engineers together to produce the required results, noting that the City has good engineers but they do not have a large enough staff to perform this type of engineering. He stated that the project will be funded 75% federal and 25% local. Mayor Jones inquired about the extent the federal government becomes involved in the plans and specifications, and Mr. Lontos stated that they have a very large part because they have to go over every detail of the project to make sure that the plans meet their criteria. Council Member Mendez pointed out that with the large amount of expansion on the northwest side of the City, he felt that this project should commence as Minutes Regular Council Meeting April 25, 1984 Page 4 soon as possible since the Allison Plant handles the wastewater for area. Mayor Jones thanked the companies that had submitted bids, and the bids would be tabled for 48 hours pursuant to the requirements Charter, and referred to the staff for tabulation and recommendation * * * * * * * * * * that entire stated that of the City Mayor Jones called for confirmation of actions taken during the Workshop session on the following item: Maintaining the same time schedule but changing the Council meeting day, on a 90 day trial basis, to Tuesday. However, on the third Tuesday of each month, do not hold a workshop but schedule a Council meeting to begin at 5:00 p.m. A motion was made by Council Member Kennedy that the foregoing item be confirmed, seconded by Council Member Guerrero and passed unanimously. City Manager Martin explained that the staff will examine the schedule of the Planning Commission which meets on the second and fourth Tuesday of each month and they felt that if there could be an understanding that the Council Meeting would be over by 7:00 p.m., since this is on a trial basis, the staff would prefer not to have the Planning Commission change their meeting days, since there will be no conflict on the third Tuesday which is the day that the Council will meet in the evening. Council Member Guerrero suggested starting the new schedule no earlier than June 5, 1984, and the Council and the City Manager indicated their concurrence with that date. * * * * * * * * * * Mayor Jones called for consideration of the Consent Motions on the following items: 1. Bids be received May 15, 1984, for one 10,000 GVWR Cab & Chassis with a utility service body to be used by the Gas Division. The 1983-84 Capital Outlay Budget has been amended to include this unit. 2. Bids be received May 15, 1984 for a twelve months supply agreement, with option to extend for an additional twelve months, at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for wiping rags. Rags are to be stocked in the Warehouse and used by various departments for cleaning purposes. Estimated expenditure is $13,750. 3. Bids be received May 15, 1984 for a twelve months supply agreement with option to extend for an additional twelve months, at the same terms and conditions subject to the approval of the supplier and the City Manager, or Minutes Regular Council Meeting April 25, 1984 Page 5 his designee, for approximately 13,800 reams (500 sheets per ream) of paper, 30,000 sheets of cover stock and 1,140 reams of noncarbon paper for Stationery Stores Inventory. 4. Bids be received May 22, 1984 for twelve months supply agreement with option to extend for an additional twelve months at the same terms and conditions subject to the approval of the supplier and the City Manager, or his designee, for 59 items of janitorial supplies including paper supplies, cleaners, disinfectants, hand soap, cans, buckets, garbage can liners, brooms and mops to be stocked by the Warehouse to be used by all Divisions. Estimated expenditure $100,000. 5. Approve the purchase of supervisory control and instrumentation rehabilitation equipment for Savage Lane Pumping Station from Puffer-Sweiven, Inc., for the total amount of $229,995, based on low bid. Funds are to be made available from Water Construction Bond Fund No. 205-81-3.1. 6. One trenching machine for the Traffic Signal Division be purchased based on low bid from Valley Ditch Witch, Inc., for $16,330. This equipment will be used to trench cable lines and borer attachment for boring under streets and sidewalks. Ten bid invitations were issued and three bids were received. Funds are available in the Revenue Sharing Fund. 7. Approve the purchase of fume exhaust hood and exhaust stack at the Signs and Markings Division, from Win Builders, Inc., based on an only bid, for the amount of $5,500. This item is in the 1983-84 Capital Outlay budget. Five bid invitations were issued. 8. Approving a condemnation award of $118,509 plus $4,229 appraisal services and $750 for commissioners fees and court costs for the acquisition of a parcel of land (Parcel 6) located at the corner of N. Staples and Mestina Streets in connection with the City Hall Site Land Acquisition Project. 9. The Timon Boulevard Median Landscaping Project be accepted and final payment of $9,564.52 be authorized to JCo., Inc. This project provided landscaping along the Timon Boulevard median from Breaker Avenue to Sandbar Avenue including installation of a double row of palm trees, topsoil, seeding and an irrigation system. The total work done on this 1982 Park Bond Project was $95,645.21. 10. Request to waive the normal slip rental fee for berthing of the University of Texas NROTC Training Yacht the "Spirit of St. Louis" and maintaining an electrical surcharge. The "Spirit of St. Louis" is a deep water sail training yacht which will be in the Marina approximately eight months out of the year. The ship will be berthed in a slip as available and may be moved from time to time in order to accommodate demand in the Marina. The Marina Board's approval was given at its meeting of April 4, 1984. 11. The Corpus Christi International Airport Emergency Generator Project be accepted and final payment of $11,422 be authorized to N. R. Johnston Electric, Inc. This 1977 Airport Bond Fund Project provided for Minutes Regular Council Meeting April 25, 1984 Page 6 installation of one 125 KVA generator to furnish emergency power for runway, taxiway and ramp security lighting. The total work done on this project was $101,049. 12. The City Manager or his designee be authorized to execute a grant application and all related documents to secure a grant of $5,412 in federal funds in SFY 85 through the Library Services and Construction Act (LSCA) Title I, Major Urban Resource Libraries (MURL) program. The funds are to be used to purchase large -print books and books -on -cassette to better serve the visually impaired. These materials will supplement such collections at La Retama and all branches. 13. Accepting the Corpus Christi International Airport Runway 13-31 Grooving project and authorizing final payment of $6,391.65 to MU, Inc. The total cost of this project is $63,916.47, which provided for the grooving of Runway 13-31 to provide a safer surface for aircraft takeoffs and landings. 14. Contracts for the new Warehouse Building at the Service Center be awarded to Black Brothers Construction, Inc. in the amount of $200,724 for General Construction (site work, paving, utilities, foundation, fence, etc.) and to J. H. Chapman Construction Co., Inc. in the amount of $70,789 for the furnishing and erecting of the pre-engineered steel Warehouse Building. Funding for the 14,400 square foot Warehouse is provided for in the 1983-84 Operating Budget. 15. A public hearing be held May 16, 1984, on the closure request of Lambert Street from Monette Drive westerly a distance of 117 feet to a dead end at King High School. The request is a joint request by the abutting residential property owner and the Corpus Christi Independent School District. 16. Approving the schematic design plans for the new City Hall. Council Member Slavik referred to item 8 and noted that the market value is about one-half of the special commissoner's court award. She expressed the opinion that this award is excessive. City Manager Martin explained that the City has two other condemnations continuing and the City does have the right to make an appeal of this decision, but he would prefer to wait for the results of the other two pending cases. Mayor Jones ascertained that no one in the audience wished to speak on the consent motions. A motion was made by Mayor Pro Tem Turner that motions 1 through 16 be approved, seconded by Council Member Guerrero and passed unanimously. * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 17 through 32. Minutes Regular Council Meeting April 25, 1984 Page 7 Mayor Pro Tem Turner referred to Ordinance No. 17 which recommends contract award for Fairbairn Electric for the lighting and electrical renovations at Ben Garza Park. She stated that she has a problem with the recommendation made by Assistant City Manager Lontos in that one of the reasons he gave for not recommending award to the low bidder was due to the so-called problems encountered by employing out-of-town contractors. Mr. Lontos explained that possibly that recommendation should be changed in that they have not had any problem with the apparent low bidder on this project, Structural Contractors, Ltd., on any of the electrical work they have performed. Mayor Pro Tem Turner continued by stating that this company's bid was not being considered because of inconsistency in the bids, but all of the bids had inconsistencies. City Manager Martin pointed out that the letter that the Council had received in regard to this matter was from a subcontractor for Structural Contractors, Ltd., not the contractor. Mayor Pro Tem Turner then asked Mr. Lontos to clarify the meaning of the unit prices on this project. Mr. Lontos explained that unless it is a lump sum project, the different items are identified with a unit price. He explained that on this particular project the unit figures and the written figures are included as well as the total and that item 2 was for a chainlink fence. He stated that Structural Contractors bid the project and in the space for the price in words, it was filled in with the price in figures and for item 2 which was the chainlink fence, the figures in the "price in words space" and "price in figures space" do not agree. He admitted however, that Fairbairn Electric, Company had irregularities as well in that the "price in figures spaces" were not filled in and on bid item 2 the word "approximate" was included. He stated that one of the reasons he did not award to Structural Contractors was that the bidder should have inserted the unit price in words, the unit price in figures, and then the total. He stated that the same thing occurred on the Mathieu Electric Company bid which results in an erroneous total as well as that of Structural Contractors. He stated that the reason for so many errors could be that electrical contractors are usually not accustomed to bidding by unit price. Mayor Pro Tem Turner expressed the opinion that the proposals were very confusing, and Mr. Lontos pointed out that all of the City's proposals are prepared in the same manner. Council Member Slavik expressed concern and suggested that lump sum bids be submitted only to avoid any more confusion on the bids. City Manager Martin stated that this would be very difficult because one of the City contracts calls for excavation of dirt on a street project; the staff has no idea how much excavation will be required; therefore, the unit price is absolutely necessary. He pointed out that the State only accepts bids in unit prices rather than totals. He reminded the Council that the City specifications Minutes Regular Council Meeting April 25, 1984 Page 8 require that the number written in words shall take precedence over other figures. Council Member McComb noted that bidders seem to be having a great deal of difficulty and suggested that an instruction sheet be prepared to clarify the bidding procedure, and Mr. Lontos agreed that possibly that was a good suggestion. Council Member Guerrero stated that the basic point that the Council needed to consider was which is the most advantageous bid for the City and asked why the recommendation was made to award it to Fairbairn Electric Company. Mr. Lontos stated that this company has performed well for the City in the past, and the Engineering staff does not really know anything about Structural Contractors since they are from Arlington, Texas. Council Member Guerrero inquired if it is not true that the City has had problems with outside contractors in the past, and Mr. Lontos stated that that was true and there have been some problems with some firms from outside the City. Council Member McComb pointed out that the City has problems with local contractors as well, and Mr. Guerrero expressed the opinion that the problems with local firms are more easily correctable than problems encountered with out-of-town firms. He stated that he agreed with the staff recommendation on this item. Council Member Slavik stated that she agreed that something should be done about the City's bid proposals which are so confusing. She pointed out that four out of five contractors on this job made mistakes and something should be done to make the forms easier to complete. Assistant City Manager Lontos explained that he has been in the business for 25 years; the State uses the same method; the City has been using this type of bidding proposal for a long time; and the problems on this project could have occurred because these are electrical contractors who do not ordinarily bid on City jobs. Mayor Pro Tem Turner summarized the discussion by stating that the City's policy states that if discrepancies occur, the written figure governs the award. She pointed out that Fairbairn Electric was the only contractor that had the written word correct and their only discrepancy was incurred when they wrote the word "approximate" below their bid. Mayor Jones referred to Ordinance No. 22 as it refers to automated parking and asked for a further explanation. City Manager Martin explained that the current system is simply a cash box method and this system will involve the issuance of tickets that will be automatically stamped to indicate the correct charge for the parking. Minutes Regular Council Meeting April 25, 1984 Page 9 Council Member Slavik referred to item 20, adopting the official plan for the Nueces County/City of Corpus Christi Sesquicentennial Committee and inquired if there would be any expense to the City. Mr. Utter assured the Council that there would be no expense at this time by approving this item, and City Manager Martin interjected that that is not to say that they will not request funds in the future. Mayor Jones agreed by stating that there are some expenses already identified. Council Member Berlanga made a motion that item 21 be delayed for one week so that the Council will have an opportunity to study the proposed changes. The motion was seconded by Council Member Guerrero and passed unanimously. Council Member Leo Guerrero referred to Ordinance No. 30, which is the third reading of an ordinance amending the City Code to prohibit the consumption of alcoholic beverages while operating a motor vehicle and proposed that this third reading be postponed for 30 days in order to allow State Representative Froy Salinas of Lubbock, Texas, to speak on this proposed ordinance. Mr. Guerrero expressed the opinion that the information Representative Salinas could provide would help remove intoxicated drivers from roads. He stated that Representative Salinas is very interested in this since he is a victim of DWI in that his daughter was run over by a driver of a motor vehicle who was operating it under the influence of alcohol. A motion was made by Council Member Guerrero that Ordinance No. 30 be postponed for 30 days; the motion was seconded by Council Member Frank Mendez. Mayor Jones ruled that a motion to table is not debatable; however, a motion to postpone is debatable. Council Member Joe McComb stated that he had discussed this with Council Member Guerrero and he was of the opinion that this Council could assist Mr. Salinas a great deal by moving forward and making the statement that this City is opposed to DWI. He stated that he felt that passage of an ordinance such as this by this City, and possibly other cities, would actually help Representative Salinas and the legislature obtain the support to have legislation passed on a state level, which would certainly be enforceable. He stated that he would not vote for the motion to delay because he felt that this subject has been debated for the past three weeks and he felt that Representative Salinas could have appeared at some time during that period. Council Member David Berlanga stated that he felt that the Council should have as much information as possible and a report by Mr. Salinas would provide additional information. Council Member Welder Brown stated that he is in favor of any ordinance that states that Corpus Christi is against DWI, but he agreed that possibly Representative Salinas might have something that would be beneficial to this Council and even if the third reading of the ordinance is postponed for 30 days, he would vote in favor of the ordinance. Minutes Regular Council Meeting April 25, 1984 Page 10 Council Member Mary Pat Slavik expressed the opinion that enforcement should be on a state level, but the State Legislature has not had the courage to do anything. She informed the Council that when Representative Salinas does come to Corpus Christi to appear before the City Council, she will be very glad to make her views known to him so that he can possibly support legislation to eliminate DWI. She agreed that this law should be passed on a state level. Mayor Jones stated that the ordinance proposed for passage today is very mild, but he felt that the vote should be taken on it so that this City's opinions could be passed on to the State Legislature. Council Member Guerrero agreed that the ordinance proposed is a very mild statement, and in fact, it is probably just "window-dressing." He stated that he is very concerned with getting rid of drunk drivers but the City should do more than pass this type of ordinance. He stated that he thought that any information the Council could obtain would be of assistance and he felt that Mr. Salinas could bring information that could possibly assist the City with this problem. Council Member Kennedy pointed out that this is the fourth week that this matter has been discussed; this could have been addressed by anyone, including Representative Salinas, during these four weeks; and he expressed the opinion that the beer lobby that operates in Austin has been very effective in Corpus Christi as well. Dr. Kennedy stated that there is no reason to delay passage of this ordinance. Council Member McComb referred to the fact that Council Member Slavik was chastising the Legislature for not having the courage to pass an open container law and pointed out that if this ordinance is delayed, this City Council will be guilty of the same tactics. He stated that the Council should indicate how serious they are about getting rid of drunk drivers by passing this ordinance today. He noted that if Mr. Salinas has something important to add, the ordinance could be amended after he has spoken, but he was of the opinion that it is time for this Council to move forward. He pointed out that during the past two meetings, this ordinance received seven affirmative votes and he would hope that those same seven votes would be cast today. Council Member Mendez stated that he felt that if the City is going to pass an ordinance, one should be passed that would do some good, and he was of the opinion that this proposed ordinance is really unenforceable and would take a great deal of time by the Police Officers in an attempt to enforce the law. He stated that he agreed with Council Member Guerrero that the ordinance is not serious and does not really address the problem of drunk driving. Council Member Berlanga agreed that the proposed ordinance is a very weak ordinance, and even though he has voted for the ordinance on the first two readings, he felt that if additional information could be obtained from Representative Salinas, possibly the ordinance could be strengthened. Council Member Kennedy stated that he would assume that in 30 days, after Lir. Salinas has spoken to the Council, there will be nine votes cast in favor of this ordinance. Minutes Regular Council Meeting April 25, 1984 Page 11 Council Member Guerrero stated that the Council was making a lot of assumptions and he hoped the information received from Representative Salinas would result in a better solution. Mayor Jones called for comments from the audience, and noting the large number of people present on this issue, stated that the comments would be limited to three minutes. He suggested that the remarks made by the members of the audience be limited to the issue of delaying the ordinance for 30 days. Mrs. Sally Madalin, 5026 Wooldridge, stated that she is a member of the Transportation Advisory Board and RID, which is a national organization to eliminate DWI. She provided statistics of the large number of injuries and deaths created as a result of DWI and presented a scroll to the Council showing the names of over 200 people who had been killed on City streets since 1973 in DWI related cases. She stated that her son Robert was killed in 1974 by two men in a dune buggy who had been drinking all day. She also referred to another citizen, Jacquelyn Garza, who was killed by a driver who was drinking from a quart bottle of liquor while driving. She expressed opposition to postponing the third reading of this ordinance which might effect some improvements in this City. Mrs. Madalin continued by informing the Council that the State Representative they are planning to hear is not in favor of open container legislation and did not intend to pass anything on a state level. She stated that she could see no benefit to listening to someone like Mr. Salinas, who is actually opposed to passage of any laws or legislation to control DWI. Mrs. Geronimo Leal, 5201 Hitching Post, expressed appreciation to the members of the Council who voted in favor of this ordinance and stated that she sees no reason to wait to listen to remarks by Mr. Salinas. She informed the Council that she had testified in Austin at the time this legislation was being considered on a state level. She expressed the opinion that since the Legislature had failed to act on this issue, she felt that at least the people of Corpus Christi should let the Legislators know how they feel about this terrible problem by passing this ordinance. She expressed the opinion that some City has to show that they really care and possibly other cities would pass similar ordinances. She expressed the opinion that this ordinance would actually improve the image of the City of Corpus Christi. Mr. Newton Warzecha, 302 Cape Code Drive, informed the Council Members that they had just been sold a bill of goods by the liquor lobby. He informed them that Representative Salinas is very strongly opposed to any open container laws; he was on the Committee that could have passed this on a state level; and he objected to the fact that some of the Council Members proposed to postpone the third reading of this ordinance and wondered why they waited until the last minute to do so. He stated that he was amazed that the Council would fall for this line and urged that Council Members Berlanga, Brown, and Slavik continue to vote in favor of this ordinance. He pointed out that Mr. Salinas is hostile to this issue and if the Council plans to allow him to speak, then the other side should be heard as well. He again urged that the three Council Members mentioned vote in favor of this ordinance today. Council Member Guerrero disagreed with Mr. Warzecha's comments about Representative Salinas and stated that the Council hopes to obtain information Minutes Regular Council Meeting April 25, 1984 Page 12 from him to prepare a better ordinance or law to control DWI. He expressed the opinion that the liquor lobbyists are not necessarily opposed to the open container law and pointed out that Anhauser-Busch had donated money to the RID organization. Mrs. Mary Ann Warzecha stated that she is a member of RID and MADD and she represents her family. She stated that they are victims of a drunken driver whose car contained alcoholic beverages at the time of an accident. She pointed out that the State of Texas has the highest percentage of DWI related accidents of any state in the Union and not one of this City's local legislators introduced a bill during the last session to resolve this problem. She questioned why this City should wait for the legislators in other parts of the State to pass this law when this is the kind of law that is particularly needed here in Corpus Christi. She referred to the fact that some people have mentioned that it would hurt tourism, but she questioned this assumption because even the Tourist Bureau had indicated no opposition to passage of this ordinance. She also referred to statements made that "It is our God given right to drink while driving" and noted that it is all citizens God given right to be safe from DWI. She stated that she had spoken to Representative Salinas about this and he was very hostile. She urged that the Council vote on this ordinance today because there is no reason to delay it. She then displayed pictures of cars that had been involved in accidents and invariably they contained many beer cans and liquor bottles. Mrs. Wanda Miller informed the Council that her son had just graduated from law school when he was killed by a drunken driver. She urged passage of this ordinance today to help alleviate this problem. Mr. Clay Moore, 325 S. Morningside, presented statistics in regard to drunken drivers. He referred to this month's issue of the magazine, Popular Mechanics, which states that Texas is one of the most unsafe states in which to drive. He stated that the article referred to the fact that Corpus Christi is tied as 7th as the most dangerous City in the United States in which to drive. He provided other statistics in regard to the problem and urged passage of the Ordinance. Mayor Jones called for the vote on the motion to delay the third reading of the ordinance for 30 days. Council Member McComb stated that he would like to make a substitute motion that the Council go ahead and vote on the third reading of the ordinance but delay enforcement for 30 days. The motion was seconded by Council Member Kennedy. A question was raised as to the legality of passing another motion when a previous motion was still on the floor. Council Member McComb then stated that he would like to amend Council Member Guerrero's motion to the effect that the third reading of the subject ordinance be voted on today, but that implementation be delayed for 30 days and if Representative Salinas has additional information, the ordinance could be Minutes Regular Council Meeting April 25, 1984 Page 13 amended after his presentation. Mayor Jones ruled that that is actually a different motion. Mayor Jones then called for the vote on the motion to postpone the third reading of the subject ordinance for 30 days and it passed by the following vote: Berlanga, Brown, Guerrero, Mendez, and Slavik voting "aye"; Jones, Turner, Kennedy and McComb voting "nay". Council Member McComb stated that he understood that the City of Corpus Christi will not pay any of the expenses incurred by Representative Salinas for an appearance before the City Council, and Council Member Guerrero assured him that there would be no expense to the City. Mayor Jones called for comments on other ordinances. Mr. Brady Foster, representing Hi -Lo Enterprises, Inc., stated that he has been a resident of this area for some time and still lives in Sinton, Texas. He referred to the letter that he presented to the Council in regard to the award of contract for the Ben Garza Lighting Project. He stated that the company he represents, Structural Contractors, Ltd., did submit the lowest bid; he stated that he will be the subcontractor on the job and will perform most of the work and that he will perform the required maintenance. He pointed out that there was an error made by Fairbairn Electric in their bid as well and questioned why his bid, which was acutally lower, was not recommended. He referred to the request for unit price on the proposals and contended that any fence contractor would measure the area to be fenced and provide a lump sum bid since this is the usual procedure. He urged that the bid be awarded to the low bidder, Structural Contractors, Ltd. City Manager Martin stated that he had received a telegram from the bidder which indicated that the subcontractor will be Hi -Lo. He pointed out that the warranty, however, is the responsibility of the general contractor since that is who signs the contract. He stated that he does have some concern that Mr. Foster will actually be performing 80% to 90% of the contract. There were no further comments from the audience; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 17. ORDINANCE NO. 18192 AUTHORIZING THE EXECUTION OF A CONTRACT WITH FAIRBAIRN ELECTRIC, INC. FOR THE BEN GARZA PARK LIGHTING AND ELECTRICAL RENOVATIONS PROJECT; APPROPRIATING $34,520.49; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting April 25, 1984 Page 14 18. ORDINANCE NO. 18193 AUTHORIZING THE EXECUTION OF A CONTRACT WITH MEHNE CONSTRUCTION, INC. FOR THE HILLCREST PARK IMPROVEMENTS PROJECT; APPROPRIATING $60,400; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 19. ORDINANCE NO. 18194 APPROPRIATING $31,365.07 FOR LEGAL FEES AND SERVICES IN CONNECTION WITH CORPUS CHRISTI BEACH PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 20. RESOLUTION NO. 18195 ADOPTING THE OFFICIAL PLAN SUBMITTED BY THE NUECES COUNTY/CITY OF CORPUS CHRISTI SESQUICENTENNIAL COMMITTEE FOR THE COMMEMORATION OF THE 150TH ANNIVERSARY OF THE STATE OF TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 21. This ordinance was withdraw. 22. FIRST READING AMENDING THE CITY CODE BY AMENDING CHAPTER 9, AVIATION, BY ADDING SECTION 9-79, PARKING RATES, WHICH ESTABLISHES PARKING RATES AT CORPUS CHRISTI INTERNATIONAL AIRPORT. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 23. FIRST READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH D. J. POLINARD AND..W. D. "TRAY" BOONE, A PARTNERSHIP, FOR USE OF A PORTION OF THE BAYFRONT SEAWALL FOR THE OPERATION OF A BICYCLE SURREY CONCESSION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting April 25, 1984 Page 15 24. SECOND READING CLOSING AND ABANDONING THAT 20 FOOT WIDE PORTION OF WILLIAMS DRIVE LOCATED IN LOT 10, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AND THAT 20 FOOT WIDE PORTION OF UNNAMED STREET LOCATED IN LOT 1, PEARY PLACE ANNEX "E" AND LOT 10, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, and Mendez voting "aye"; Slavik voting "nay"; Guerrero absent at the time the vote was taken. 25. SECOND READING AMENDING SECTION 53-46 OF THE CITY CODE TO PROVIDE FOR THE APPLICATION OF PRIVILEGES FOR AUTHORIZED EMERGENCY VEHICLES SET FORTH IN STATE LAW WITH EXCEPTIONS FOR AMBULANCES; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 26. SECOND READING AMENDING VARIOUS SECTIONS OF THE CITY CODE TO PROVIDE FOR THE ESTABLISHMENT OF UNIFORM CHARGES FOR THE DUPLICATION OF PUBLIC RECORDS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 28. SECOND READING CLOSING AND ABANDONING THAT 60 FOOT WIDE PORTION OF CANAL AVENUE LOCATED WEST OF THE WEST RIGHT-OF-WAY LINE OF SURFSIDE BOULEVARD AND EAST OF THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 181; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. 29. ORDINANCE NO. 18196 CONSENTING TO THE ASSIGNMENT OF PARKER'S BAIT STAND LEASE FROM FRANKLIN MOORE TO LOWELL THOMAS. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. Minutes Regular Council Meeting April 25, 1984 Page 16 30. This ordinance was withdrawn. 31. ORDINANCE NO. 18197 AMENDING THE CITY CODE SECTION 12-75 TO PROVIDE FOR PERMITS FOR CLEANING SERVICES IN THE MARINA; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and "aye"; Guerrero absent at the time the vote was taken. 32. ORDINANCE NO. 18198 IN -WATER HULL the following Slavik voting AUTHORIZING THE EXECUTION OF A LEASE WITH THE CORPUS CHRISTI YACHT CLUB FOR PIERS L AND M. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * Mayor Jones called for action by motion from the Regular Agenda on the following items: 33. The City Manager or his designee be authorized to execute agreements with the following non-profit organizations providing financial assistance in the amounts indicated for various Arts and cultural programs, as recommended by the Municipal Arts Commission: a) Black Awareness Day Committee for $3,000 for the Black Awareness Day festivities (June 22-24, 1984); b) Corpus Christi Musicians Association for $3,000 for the 1984 Summer Band Concerts; c) Texas Jazz Festival Society for $7,000 for the 24th Annual Texas Jazz Festival (July 15, 1984). The total of $13,000 is available as part of the $50,000 budgeted for the Arts support approved in the 1983-84 Tourist and Convention Development Fund Budget, of which a balance of $13,500 remains in the Arts and Cultural Projects Activity. (Attachment #16) 34. The City Manager or his designee be authorized to execute agreements with the following non-profit organizations providing financial assistance in the amounts indicated for various arts and cultural programs, as recommended by the Municipal Arts Commission: Minutes Regular Council Meeting April 25, 1984 Page 17 a) b) c) d) e) f) 9) h) i) j) k) Art Community Center for $1,240 for the Visiting Artist Program (September 2-8, 1984); Art Museum of South Texas for $2,175 for the Santos Exhibit (April 6 - May 13, 1984); Ballet Folklorico Nacional for $2,600 for the annual Dance Concert (July 21, 1984); Bilingual Theater Americana for $5,400 for the "Intercultural Awareness for South Texas" program (performances to be held in 1984); Corpus Christi Arts Council for (a) $2,000 for the Arts -in -Education residency program (April 22-24, 1984); (b) $2,000 for the Technical Assistance workshops (to be held prior to August 15, 1984); Corpus Christi Concert Ballet for $2,290 for the "Art -in -Education, Artist -in -Residency Program" (March 19 - April 27, 1984); Corpus Christi Independent School District for $1,500 for the "Living Arts of Texas" summer enrichment project (June 1984); Creative Arts Center for $3,800 for the 1984-85 Arts After School program; Encore Theater for $2,738 Sullivan's "Iolanthe" (July KEDT-TV for $2,825 for the (June - December 31, 1984); Museum of Oriental Cultures for the summer production of Gilbert & - August, 1984); "Los Chicahuastles" program documentary for $1,045 for the 1984 Summer Arts and Crafts Program (June 13 - August 9, 1984); The total of $29,610 is available as part of the $30,000 programmed for Arts support from the National Endowment for the Arts (NEA) City Arts Grant. The total amount of $30,000 is comprised of a $15,000 NEA Grant with a $15,000 local match from the City from previously unallocated monies. These matching City monies in the amount of $15,000 have not been appropriated. Staff recommends that these funds be appropriated to the NEA City Arts grant from the General Fund Reserve. (Attachment #16) There were no comments from the audience on these items. A motion was made by Mayor Pro Tem Turner that items 33 and 34 be approved, seconded by Council Member Berlanga and passed unanimously. * * * * * * * * * * City Manager Martin reminded the Council that an emergency posting had been prepared to consider an ordinance amending a portion of the Code to authorize the City Manager to negotiate Class I Commercial Rental Rates for Exposition Hall and the Coliseum when an event is to be televised beyond the local television broadcast viewing area. Mr. Martin explained that between the morning and afternoon session, he met with several representatives to discuss the goal of bringing a major boxing match to Corpus Christi. He explained that there is a complicated process in regard to national televising of such events. He explained that the City's normal practice is to take 10% of the gross of similar events, but he is recommending that in those cases in which the event occurs that will be nationally televised, that he be allowed to work with the people to present them with a special package. He pointed out that a major boxing match would provide publicity for the City of Corpus Christi and during the televising, a tape will Minutes Regular Council :Meeting April 25, 1984 Page 18 be shown prepared by the Tourist Bureau showing scenes of the City of Corpus Christi. He explained that such publicity would be much more valuable than 10% of the gross receipts because the City would still receive a percentage from sale of the concessions. Mayor Jones ascertained that no one in the audience wished to comment on this matter. City Secretary Read polled the Council for their vote and the following ordinance was passed: ORDINANCE NO. 18203 AMENDING SECTION 36-41 OF THE CODE OF ORDINANCES OF CORPUS CHRISTI TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE CLASS I, COMMERCIAL RENTAL RATES FOR EXPOSITION HALL AND THE COLISEUM WHENEVER AN EVENT IS TO BE TELEVISED BEYOND THE LOCAL TELEVISION BROADCAST VIEWING AREA. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting "aye"; Guerrero absent at the time the vote was taken. * * * * * * * * * * Mayor Jones announced the public hearing on the following street closing: 35. Street Closing - A small unused portion of Austin Street immediately north of Rossiter Street. Assistant City Manager Lontos located the street and stated that it extends to serve three lots only; the property owners have agreed to pay $4,650 for the closing; the staff recommends closing the street; and since they will pay for it, the City will plat the property for the three property owners. He stated that there are utility lines, but the City has no plans to extend the street. Mr. David Vargo spoke in favor of closing this street right-of-way. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Slavik and passed unanimously. City Secretary Read polled the Council for their vote on the first reading of the ordinance to effect the closing of the street and it passed as follows: FIRST READING CLOSING AND ABANDONING AUSTIN STREET FROM THE WESTERLY RIGHT-OF-WAY OF ROSSITER STREET TO ITS DEAD END APPROXIMATELY 50 FEET WEST; AND PROVIDING FOR THE REPLAT OF SAID PROPERTY. The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Berlanga, Brown, Kennedy, McComb and Slavik voting "aye"; Guerrero and Mendez absent at the time the vote was taken. Minutes Regular Council Meeting April 25, 1984 Page 19 * * * * * * * * * * Mayor Jones announced the public hearing on the following assessment hearing: 36. Assessment Hearing - 3:00 p.m. George Evans School Area Unit I Street Improvements Project, providing for assessments of $236,305.75 for the 104 items on the roll. Assistant City Manager Lontos explained the streets involved in this project. He stated that the bids have been received on the project; the project was not a Voluntary Paving Project, but was included in the Community Development Block Grant Program. Mayor Jones inquired about the possible impact conducting the public hearing will have on the lawsuit filed by Associated General Contractors. Mr. Lontos explained that the assessments have been prepared on the basis of the instructions from the City Council that the intention is to award the contract to A. Ortiz Construction Company and the total assessments may be slightly higher with this bid. He stated that it was his understanding that the Council has the right to proceed with the assessment hearing and set the assessments on the basis on which they were prepared. He pointed out that if the Council should decide to reduce the assessments in any form or fashion based on the other bid, they have the legal right to reduce downward at a later date without an additional public hearing. He further explained that the total bid price was $868,987.14; the preliminary assessment total $237,443.32 and the City portion would be $631,543.82. Council Member Kennedy summarized by stating that evidently Mr. Lontos was indicating that if AGC is successful in their lawsuit, the total bid would be basically the same but the assessments for the property owners might be somewhat lower, and Mr. Lontos agreed that that would be the situation if the contract should be awarded to Maverick Construction Company. Council Member McComb suggested that this assessment hearing be delayed for 30 days in view of the AGC lawsuit. He stated that some of the statements made during the assessment hearing could have an effect on the lawsuit. He then made a motion that the public hearing be delayed for 30 days. The motion was seconded by Council Member Kennedy. Mayor Pro Tem Turner asked for an opinion of the legal counsel. She stated that she had no problem in delaying action on this, but she understood that there were property owners who had come from as far away as Laredo for this particular public hearing. Assistant City Attorney Jay Doegey suggested that the public hearing commence and the only possible adverse effect on the lawsuit could be statements made by individual Council Members. Council Member Slavik stated that she had been contacted by some of the residents who indicated that they do not want these improvements. Minutes Regular Council Meeting April 25, 1984 Page 20 Mr. Lontos stated that that may be true but the City staff conducted meetings in the neighborhood and determined that a majority of the residential owners do want the improvements. Council Member Slavik referred to a letter she had received in which one property owner was charged $16.50 per linear foot and another property owner was charged $19.50 per linear foot. Mr. Lontos stated that more than likely the larger amount was for pavement on a wider street. He stated that he felt that this would be clarified by Mr. Smith during the public hearing. He continued by stating that 104 notices had been mailed and a number of people who received them were present to testify during the public hearing. Assistant City Attorney Doegey called as his first witness, Mr. Gerald Smith, and through questioning of him ascertained that he has been with the City for 241 years; that he has a degree in engineering from the University of Texas and that he is a registered professional engineer in the State of Texas. Mr. Smith testified that this is Phase I of the project and funding will be provided from the 8th Year Community Development Block Grant Program. He explained the limits of the project and located the following streets which are included in the project: N. Alameda Street, from Laredo to Comanche Street; Mussett and Caldwell Streets, from Brownlee Boulevard to N. Staples Street; Lowell, Mexico and Josephine Streets, from Mussett Street to Caldwell Street; and Sam Rankin Street, from Mussett Street to Comanche Street. He explained that the City proposes to totally reconstruct these streets by excavating to width and depth to permit the laying of a 6" standard curb and gutter section and a 6" compacted subgrade, 10" compacted caliche base and 2" type D hot -mix asphaltic pavement on N. Alameda, Caldwell, and Mussett Streets. He stated that a 6" compacted subgrade, 8" compacted caliche base and 11" type D hot -mix asphaltic pavement will be constructed on Lowell, Mexico, Josephine, and Sam Rankin Streets. He stated that the streets will be constructed within the existing rights-of-way to the various widths, depending on the type of street noting that N. Alameda will be 40' wide; Caldwell Street 38' wide; Mussett, Lowell, Mexico, Josephine and Sam Rankin Streets 28' wide. Mr. Doegey inquired if this project would benefit the entire community, and Mr. Smith testified that this will represent a direct benefit to the community. He noted that the zoning in the area is primarily "I-2" and "A-2", but the area is primarily used for residential. He located the few commercial uses in the area. Mr. Smith explained that the open ditches will be eliminated and the area will be greatly improved by the street improvement project. Mr. Doegey continued by inquiring if there would be specific benefits for the property owners, and Mr. Smith replied that the streets will be widened; drainage will be improved; and driveways and sidewalks will be installed. Mr. Smith continued by stating that bids were received on this project on March 7, 1984 and A. Ortiz Construction Company was determined to be the low bidder on the project. He explained that they will have 210 working days or Minutes Regular Council Meeting April 25, 1984 Page 21 about 101 months. He explained that the assessment roll included 104 separate parcels. Mr. Smith informed the Council that the following assessment rates will be charged: N. Alameda Street, which is a 40' wide street, for curb gutter and pavement, $19.50 per linear foot; Caldwell Street, which is a 38' wide street, for curb gutter and pavement, $19.50 per linear foot; Mussett Street, which is a 28' street with 6" curb and 2" of hot -mix asphaltic pavement, $16.60 per linear foot; and Lowell, Mexico, Josephine, and Sam Rankin Streets, which are 28' wide streets with 11" of hot -mix asphaltic pavement, $16.28 per linear foot. He stated that the cost of sidewalks will be $1.00 per square foot and driveways will be $4.05 per square foot. He stated that for residential, school, and church property, the charge for curb, gutter, and pavement on all of the streets will be $9.75 per linear foot. He stated that the assessments will not be due until the work has been completed, at which time the City may be paid in cash or over a five year period at an interest rate of 8%. He explained that property owners of low and moderate income which are owner occupied will be eligible for the special program established by the City Council for Community Development Projects. He noted that this will also include any rent property, if the property is rented to residents of low or moderate incomes in that the property owner will qualify for low interest loans. He assured the Council that this will be explained by letter to all property owners in both English and Spanish. Mr. Smith replied to Mr. Dogey's question about completion of the project by stating that normally, the contract is awarded within two weeks of the assessment hearing and construction would normally start in June with an anticipated completion date of March, 1985. Mayor Pro Tem Turner questioned the inclusion of sidewalks in an area that is so commercial, and Mr. Smith stated that basically, sidewalks are needed for school children attending schools in the area. Council Member Slavik referred to her question earlier during the public hearing about the difference in prices for two pieces of property, and Mr. Smith explained that his first impression was that there was a different width of street but after checking the piece of property, he reminded the Council that the staff had recommended bid award to Maverick Construction Company; the Council made the determination that A. Ortiz Paving Company was actually the low bidder; the property owner in question was assessed $15.14 per linear foot according to Maverick's figure; but it should have been $16.16 according to the Ortiz bid. He explained that they had to prepare the assessment roll twice and apparently an error was made in changing the prices to comply with the Ortiz figures. Council Member Slavik referred to the fact that some people were not aware that this project was in progress and inquired about the date the notices were mailed. Mr. Smith assured the Council that the notices have to be deposited in the mail 14 days prior to the public hearing and the legal publication must be published 21 days prior to the hearing for three successive weeks. He stated that Mr. Robert T. Edlin had requested that the hearing be delayed because he Minutes Regular Council Meeting April 25, 1984 Page 22 did not have time to prepare his defense, but he was informed that all of the procedures had been followed according to the law. Mr. Smith stated that he had informed Mr. Edlin that there is an appeal process for 21 days. Assistant City Attorney Doegey stated that he will check to see with whom the appeal should be filed. Mr. Doegey then called as his next witness Mr. William J. Holly, real estate broker and appraiser. Through questioning of the witness, Mr. Doegey ascertained that Mr. Holly is well qualified to testify since he has performed 63 of these examinations for the City and he has been in the real estate business for 34 years. He stated that he is thoroughly familiar with the George Evans School area. Mr. Holly testified that the existing streets are asphalt; there are some ditches; there are very few sidewalks and those that exist are broken except for the ones around the school. He stated that there seems to be a problem with drainage also. He noted that the drainage ditches will be removed; automobile traffic will be greatly improved; there will be a better neighborhood appearance that will enhance the property; and most real estate firms list the fact that sidewalks are in existence when property is to be sold. He stated that the improvements will remove dust from the area and access to the individual homes will be greatly improved. He pointed out that the need for improved streets in this type of neighborhood is obvious since it is a combination of residential and commercial use. He pointed out that the students of George Evans School will use most of the sidewalks extensively on their way to and from school. Mr. Holly concluded by stating that he did not recommend any adjustments on any of the items on the assessment roll since he found no odd shaped lots that might be in need of adjustments. He stated that in his opinion, each piece of property included on the assessment roll will be enhanced at least in the amount of the assessment. Council Member Slavik pointed out that some of the streets in the project, particularly where the businesses are located, do not need improvement, and Mr. Holly explained that the City does give credit for existing improvements. Mayor Jones then invited members of the audience to speak in regard to these assessments. Mr. W. T. Neyland, 201 Oleander, stated that he owns a parcel of land at the corner of Mexico and Mussett Streets and he is in favor of the project. He urged that at the time the contract is signed, he would appreciate the staff putting in the contract that the contractor must get in and out of the area as soon as possible. He referred to the inferior work performed ..on Elizabeth Street and the number of times the contractor had to go in and out to make further improvements. He stated that his assessments will total $9,000. Mr. Robert T. Edlin, 1118 Hayward, stated that he owns a large piece of property at 210 N. Alameda where he operates Edlin's Auction. He stated that he is opposed to this project because of the assessments. He pointed out that the new City Hall will be located three blocks away and questioned whether his property will really be enhanced. He contended that if several large office Minutes Regular Council Meeting April 25, 1984 Page 23 buildings and stores are constructed after the new City Hall is constructed, the streets will have to be changed again. He also stated that there are very few pedestrians and he felt that the sidewalks would primarily serve Loaves and Fishes clients. He pointed out that there are very few residences on Mussett Street and there is absolutely no need for sidewalks. He also objected to the payment of his assessment in the amount of over $13,000. Mr. smith addressed Mr. Edlin's remarks in regard to the new City Hall and pointed out the location of the proposed structure, noting that it will be at least two blocks north of this project site and expressed the opinion that there is no reason why construction of the City Hall building will have any effect on these proposed street improvements. Mr. Smith pointed out that Mr. Edlin's property has frontage on one street and sides on two other streets in the project. He then provided pictures showing the pedestrian situation around Mr. Edlin's property. Mr. Smith assured the Council that a drainage system will be installed which will further benefit the area. Council Member Guerrero questioned Mr. Edlin and stated that he understood that he wants no improvements at all on that property, and Mr. Edlin confirmed the fact that he does not want any improvements on his property at all. Mr. Reid Ryan, President of Corpus Christi Brick and Lumber Co., stated that he did not receive notice until two weeks ago that the streets were going to be improved. He contended that they do not need curbs or sidewalks because their business is located on Mussett and the drainage is pretty good. He suggested that these CD funds be used elsewhere. Mrs. Eleanor Dodson stated that she owns three vacant lots on Mussett Street; her property is zoned for apartments and is not industrial; and she questioned the higher rates for assessments. Mr. Smith explained that the ordinance addresses zoning of "R -1B" and "R-2" as being the only zoning qualified for the lower residential rate with the addition of churches and schools. Mrs. Dodson stated that she is in favor of paving the street, but she was of the opinion that with all of the activity in the area, it should be widened at the same time. Mr. F. D. Dodson stated that he too has an interest in the same lots and he agreed that the street should be widened at this time before construction starts. Mr. Smith explained that the City does not have enough right-of-way on Mussett Street to widen it and basically the plans are for as wide a street as possible within the existing right-of-way. Mr. Dodson stated that he did not think that there was any need for sidewalks because there was no pedestrian traffic. Mr. Tony Cibian, 1417 Howard, stated that he is in favor of the improvements and he was of the opinion that the sidewalks are needed as well. Minutes Regular Council Meeting April 25, 1984 Page 24 He stated that he has been waiting for these street improvements for over 50 years and most of the people who are in opposition to the project do not even reside in the area. Mrs. I. 0. Juarez, 1618 Caldwell, addressed the Council in Spanish translated by Council Member Mendez, and stated that she is in favor of these improvements for which they have been waiting for some time. Mrs. Raquel Pena, 1412 Mussett Street, referred to the speakers who had expressed opposition to having sidewalks in front of their businesses. She pointed out that children walking down the street do go right by Corpus Christi Brick and Lumber; the ditches are very dangerous; and she felt that since there are residences located there, the commercial businesses should be moved, but if not, they should at least have sidewalks. She pointed out that children do walk down Alameda and Mussett Streets to go to school. Also speaking in favor of the improvements was Mrs. Emelda Garza, speaking on behalf of her father, who owns property at 1501 Howard Street. Mr. Charles Darnell, President of Tex-Mex Railroad, stated that they own a great deal of land in this area and they are not opposed to the improvements but they would like to ask that the sidewalks be eliminated on Mussett Street. He suggested that a sidewalk not be installed so that more land would be available for the pavement. Mr. Smith agreed that the primary purpose of the right-of-way the City is attempting to acquire from Tex-Mex Railroad is for the purpose of installing sidewalks. He stated that if sidewalks are deleted, he was of the opinion that the only ones that reasonably could be eliminated would be on the south side of Mussett Street. He stated that the staff can examine this and consider that possibility. Mayor Jones stated that he is in favor of the sidewalks to improve the entire neighborhood. Council Member Mendez stated that he believes most people are very pleased with improvements the City has been doing and he felt that the City should continue with curbs, gutters, and sidewalks on street improvement projects. Council Member Slavik suggested that in the future, even on CD programs, that the staff notify the owners of businesses in areas to be improved so that they may attend the meetings conducted in the neighborhoods. Mayor Jones inquired about the kind of public announcement made before those neighborhood meetings, and Mr. Smith stated that Kelly Elizondo usually takes care of that. Mr. Elizondo explained that the neighborhood centers assist the City staff in notifying the neighbors by placing flyers on doors. He stated that he is not certain, but it is possible, that the notices were not delivered to the businesses; however, two large notices are published in the newspaper of the intention to fund the project. Minutes Regular Council Meeting April 25, 1984 Page 25 Mr. Doegey referred to the question of appeals and stated that according to Section 11.05b of State law, 15 days after the assessment is levied, the property owner may file an appeal. Mr. Smith stated that the City will make sure that the businesses in neighborhoods are notified as well as residential property owners. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * Mayor Jones announced the public hearings on five zoning applications. 37. Application No. 384-9 - Mr. Paul J. Koepke: For a change in zoning from "A-1" Apartment House District to "AB" Professional Office District on Lot 13, Block 7, Gardendale Unit 1, located on the north side of Holly Road, approximately 237' west of Nelson Lane. Assistant City Manager Tom Utter explained that in response to the 15 notices of the public hearing, 3 in favor and none in opposition were returned and that the Planning Commission recommends approval, but the staff recommends denial because the staff analysis indicates that in a previous rezoning case for this property, the staff recommended restricting any further extension of the professional office district east of lot 16 on this block and if this lot is rezoned to "AB", requests for the same zoning will be expected from lots 14 and 15. He stated that the staff is of the opinion that a concentration of offices along Holly Road at this location would have a negative effect on traffic flow. Mr. Larry Wenger, Director of Planning, located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. Council Member Kennedy stated that he cannot imagine anyone building a house here and he felt that "AB" zoning would be appropriate. Mr. Wenger stated that the staff's concern was that "AB" zoning would add traffic to Holly Road which would not be widened for some time. Council Member Berlanga indicated that he concurred with Dr. Kennedy that "AB" zoning would be appropriate. The applicant, Mr. Paul J. Koepke, stated that he felt this is a valid request and professional offices are moving to this area. He pointed out that the City has what he would consider industrial use across the street from the subject property with the water facility. He also pointed out that the Master Transportation Plan shows Holly Road to be a major collector street in the future. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Brown and passed unanimously. Minutes Regular Council Meeting April 25, 1984 Page 26 City Secretary Read polled the Council for their vote effecting the zoning request and it passed as follows: ORDINANCE NO. 18199 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF PAUL J. KOEPKE BY CHANGING THE ZONING MAP IN REFERENCE TO LOT 13, BLOCK 7, GARDENDALE UNIT 1, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; 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". * * * * * * * * * 38. Application No. 384-11 - Mr. Bryan Tucker: For a change in zoning from "R-2" Multiple Dwelling District to "R -1C" One -family Dwelling District on Lots 36, 37, and 38, Block 12, Crestmont Unit 7, located at the end of White Bird and Elderberry Lanes. Mr. Utter informed the Council that there was no response to the notice of the public hearing that was mailed and that both the Planning Commission and Planning staff recommend approval. He pointed out that this is down zoning and the staff, of course, has no opposition to this. No one appeared in opposition to the zoning request. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Brown and passed unanimously. City Secretary Read polled the Council for their vote effecting the zoning change and it passed as follows: ORDINANCE NO. 18200 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BRYAN TUCKER BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 36, 37, AND 38, BLOCK 12, CRESTMONT UNIT 7, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "R -1C" ONE -FAMILY DWELLING DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik voting "aye"; Kennedy absent at the time the vote was taken. * * * * * * * * * * 39. Application No. 284-3 - Mr. Garey Maiden: For a change in zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 1 and 2, Block 3, McNorton Subdivision, located on the south side of McNorton Road at the intersection of Rand Morgan Road and McNorton Roads. Minutes Regular Council Meeting April 25, 1984 Page 27 Assistant City Manager Utter informed the Council that there was no response to the 9 notices of the public hearing. He stated that the Planning Commission recommends denial of the requested zoning but in lieu thereof a special permit be granted for a tire shop and auto repair garage in accordance with an acceptable site plan, and if approved by the City Council, that construction must commence within 6 months from City Council approval. He stated that the Planning staff recommends denial. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the vicinity. He informed the Council that two single family structures are located across the street in the "B-1" zoned area. Council Member McComb noted that in 1973, a special permit was granted for the same purpose if construction commenced in six months and evidently this is the same thing. Mr. Wenger stated that that was correct and admitted that there has been no residential development during that ten year period. Mr. Wenger also explained that the old Saxet Field is located to the east; there is also a fault located further to the east; and that area is not conducive to residential development. Council Member Mendez expressed the opinion that with the construction of the new high school for Tuloso-Midway, there will be a lot of development soon. The applicant, Mr. Garey Maiden, stated that he understood that Rand Morgan is proposed for a four -lane street in the future and he felt that this will be developed as commercial. He explained that he plans the construction of a nice garage that will not be too large and will primarily serve the neighborhood. He also questioned the limitation requiring that construction must begin within six months, stating that the usual period is one year for special permits. No one else spoke in regard to this zoning application. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member Brown and passed unanimously. After a short discussion, the Council concurred that the six months stipulation should be changed to one year. Mr. Read assured the Council that that change would be made if they cared to go ahead and pass the ordinance for the special permit. He polled the Council for their vote and the following ordinance was passed: ORDINANCE NO. 18201 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF GAREY G. MAIDEN BY GRANTING A SPECIAL COUNCIL PERMIT ON LOTS 1 AND 2, BLOCK 3, McNORTON SUBDIVISION, FOR A TIRE SHOP AND AUTO REPAIR GARAGE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 25, 1984 Page 28 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". * * * * * * * * * * 40. Application No. 284-5 - Mr. Danny Joe Myers: For a change in zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 28, River Forest Acres, located at the intersection of Teague Lane, Calallen Drive and U.S. Highway 77. Mr. Utter stated that in response to the six notices of the public hearing, one in favor and none in opposition had been returned. He stated that the Planning Commission recommended that the requested zoning be denied and in lieu thereof that a special permit be granted for a free-standing lighted sign not to exceed 32 square feet and be limited to 25 feet in height. He stated that the Planning staff originally recommended denial, but after reviewing their original recommendation, they now concur with the special permit for a lighted sign if is does not exceed 20 feet in height rather than the 25 feet as recommended by the Planning Commission. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. Mayor Jones invited the applicant to speak at this time. Mr. Myers, who is a brother of Mr. Danny J. Myers, stated that they have no objection to the special permit as indicated as long as the sign can be located on the 624 side. He stated that they would prefer the height to be 25 feet, but they would not really object to the 20 foot height. Mr. Wenger explained that the conditional permit process allows only for signs of 20 feet. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Mendez and passed unanimously. Council Member McComb referred to the discussion of the free-standing sign on Airline Road and he questioned whether they could allow the property owners to have both a sign on the building and a free-standing sign. He pointed out that this particular case allows for both and he questioned the reason. Mr. Wenger explained that this particular case was in the process prior to the initiation of the conditional permit regulations to be approved by the Planning Commission. Council Member McComb stated that he felt the sign regulations should be consistent. Mr. Utter explained that the Planning Commission is the body that can approve a permit for a free-standing sign and they definitely oppose having an additional sign on the building. He explained that in this particular case, the Minutes Regular Council Meeting April 25, 1984 Page 29 Planning Commission considered this case for "8-1" zoning and they felt that the lighted sign should be allowed since it is on the freeway. Council Member Mendez expressed the opinion that this situation is different from that which exists on Airline because of its location and he felt that the two signs should be allowed. A motion was made by Mayor Pro Tem Turner that a special permit be approved to allow for a 32 square foot sign, not to exceed the height of 25 feet. The motion was seconded by Council Member Mendez and passed unanimously by those present and voting. City Secretary Read polled the Council for their vote on the ordinance and it passed as follows: ORDINANCE NO. 18202 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF DANNY JOE MYERS BY GRANTING A SPECIAL COUNCIL PERMIT ON LOT 28, RIVER FOREST ACRES, FOR THE ERECTION OF A FREESTANDING LIGHTED SIGN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, McComb, Mendez and Slavik voting "aye"; Guerrero and Kennedy absent at the time the vote was taken. * * * * * * * * * * 41. Application No. 384-13 - Can Handler Recycling, Inc.: For a change in zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots lA and 1B, Block B, Pope Place, located on the northeast corner of Doddridge and South Staples Street. Mr. Utter informed the Council that in response to the 12 notices of the public hearing, one in favor and one in opposition had been returned. He stated that the Planning Commission recommended denial of this request and the Planning staff originally recommended approval, but now recommends denial. Mr. Wenger located the area on the zoning and land use map, pointing out that it is located adjacent to a 7-11 Store; described the land use in the surrounding area; and showed slides of the vicinity. Mayor Pro Tem Turner inquired about the change in the recommendation by the Planning staff. Mr. Utter explained that the Planning Commission had considerable discussion in regard to this and under the present type of operation, the facility is strictly a receiving type of facility, but the reason they want "B-4" zoning is so that they can install a crushing operation and that type of operation is not good at that location. He stated that the "B-1" process that is occurring now is not too objectionable. Minutes Regular Council Meeting April 25, 1984 Page 30 Mr. Ron Gunn, representing Can Handler Recycling, Inc., assured the Council that all they plan at this location is to collect the cans. He stated that they feel they are performing a good, civic service; they do not flatten the cans; the process is to separate the aluminum cans from the metal cans. He explained that the trailer is picked up, taken to another location, emptied, cleaned and returned to this location. He assured the Council that there would be very little noise involved and they definitely do not plan a can crushing operation. He explained that he had originally leased this property from Southland Company with the understanding that the zoning was appropriate for his type of operation and when he discovered that he would need "B-4" zoning, he applied for the change in zoning. Mr. Utter explained that their recommendation for denial was because of erroneous information that the operation would actually be flattening cans. Dr. Dale Rascoe, DVM, stated that he has his veterinary clinic behind the can handler trailer and his property is not visible when motorists are driving down the street. He expressed the opinion that the can handler operation is very good; they keep the area clean; and his only complaint is that the location of the trailer obliterates the view of his office. Mrs. Gwen Hall, 10 Dunwith Street, stated that she objected to the change of zoning to "B-4" because of the possibility of more intense operation. No one else spoke in regard to this zoning application. A motion was made by Council Member Brown that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion was made by Council Member Mendez that the requested zoning for Application No. 384-13 be denied; seconded by Mayor Pro Tem Turner and passed unanimously. * * * * * * * * * * Mayor Jones called for the City Manager's Report. Deputy City Manager Ernest Briones referred to a news conference on the "pothole" bill which was to be conducted in Austin, Texas on May 7, 1984. He informed the Council that the conference has been cancelled and it will be reset. He stated that one of the dates suggested was June 8, 1984 and the Council Members indicated their concurrence with this changed date. Mr. Briones then reminded the Council of the Texas Municipal League Meeting tomorrow night. .. Mayor Jones called for petitions from the audience and there was no response. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Brown and passed unanimously, the Regular Council Meeting was adjourned at 7:50 p.m., April 25, 1984. DZ/tb