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HomeMy WebLinkAboutMinutes City Council - 05/09/1984MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 9, 1984 2:00 P.M. Present: 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 ABSENT: Mayor Luther Jones City Manager Edward A. Martin * City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Betty N. Turner called the meeting to order in the Council Chamber of City Hall and explained to the audience that Mayor Jones was not present because he was out of town on City business. The invocation was given by Reverend Juan Canales of Kelsey Memorial United Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member David Berlanga. 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 Frank Mendez that the Minutes of the Regular Council Meeting of May 2, 1984 be approved as presented; seconded by Council Member Mary Pat Slavik; and passed unanimously. Mayor Pro Tem Turner then administered the oath to the following new appointments to Boards and Commissions: Mr. Carl Lewis and Ms. Jo Sturm -- Coastal Bend Hospital Authority; Dr. Royal Mills -- Sister City Committee; and Mr. Roland Gaona -- Transportation Advisory Board. MICPAFILMED nutes .gular Council Meeting May 9, 1984 Page 2 Mayor Pro Tem Turner announced bid openings on the following engineering projects: 1. Corpus Christi Beach Parking Lot Improvement Project - Five parking lots with a comfort station/shower facility, play areas, landscaping and picnic shelter. Assistant City Manager James K. Lontos explained the additive alternate which will be added provided a State grant for funds is received. He then opened the only bid received, from R & D Builders. Council Member Berlanga inquired about the consequences when only one bid is received. City Manager Ed Martin stated that the City Council has the alternative to reject any or all bids. He explained that a tabulation of the bid will be made and a recommendation from the Staff will be forthcoming. Assistant City Manager Lontos stated that evidently there is something wrong with this particular bid because the total did not tally with the base bid and additive alternate. He assured the Council that the Staff will analyze the bid and -make a recommendation to the Council. 2. Wooldridge -Staples Channel, Phase II - Providing for excavation of the drainage channel from Airline Road to near Brandywine Subdivision. Assistant City Manager Lontos opened bids on this project from the following firms: Bay, Inc.; Claude Chapman Construction Company; Garrett Construction Company; Goldston Corporation; Heldenfels Brothers, Inc.; Kinchen Construction Company, Inc.; Midwest Construction Company; and W. T. Young Construction Company. Mayor Pro Tem Turner expressed appreciation to the bidders who had submitted proposals and stated that they will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. Mayor Pro Tem Turner called for consideration of the third reading of the ordinance prohibiting the consumption of alcoholic beverages while operating a motor vehicle. Mayor Pro Tem Turner addressed the audience and stated that she feels very strongly that this ordinance should be passed today even though the Council does not feel that it will end DWI, they do feel that it will send a clear message to the State Legislature that this City is concerned about this problem. nutes jular Council Meeting nay 9, 1984 Page 3 Council Member McComb then made a motion that the ordinance under consideration be amended, prior to its third reading, under Section 3 to provide for an effective date of June 1, 1984. The motion was seconded by Council Member Kennedy and passed unanimously. Council Member Slavik stated that she had received a number of calls on this ordinance and agreed that the Council, by passing this ordinance, is just sending a message to the public and the State Legislators that the City of Corpus Christi wants DWI stopped. Mayor Pro Tem Turner called for comments from the audience. Mr. Jeff Harmon, local attorney, stated that he sympathizes with the problems associated with DWI but he did not feel that this ordinance is appropriate to address the problem. He expressed the opinion that it could create problems for the City when it becomes necessary to go to Court to defend its validity. He expressed the opinion that this ordinance has been pre-empted by State law, and if this ordinance passes and the Police Department is required to enforce this law, it is just asking for a damage suit because a local law is not enforceable on this issue. He expressed the opinion that the City could be subject to payment of legal fees in a lawsuit on an arrest that is made as a result of passage of this ordinance. He urged that instead of passing the ordinance,_ that the City Council contact the Legislature to make them aware that this City is opposed to DWI. He also stated that by passing this ordinance, the City Council is liable for civil action and urged that the Council take a reasonable and legal approach on this issue. Council Member Kennedy asked Mr. Harmon who he was representing, and Mr. Harmon stated that he is just speaking for himself. Dr. John Kovaric stated that he was present to speak for himself and other physicians who have to take care of the carnage that is the result of DWI accidents. He stated that they expect the City Council to make decisions for the greatest good for the majority of the citizens and they do not expect them to condone driving while intoxicated. He stated that there are over 50,000 alcohol related traffic deaths that occur in the United States each year and this results in misery to hundreds of citizens every day just because some people think they have the right to do whatever they please and whenever they please, including drinking while driving. He stated that he feels that there is a need for every legal means possible to put a stop to this mayhem. Mr. Newton Warzecha, 302 Cape Cod, urged that the Council not listen to last minute pleas from attorneys and decline to pass this ordinance. He informed the Council that on January 23, 1983, the City of Austin passed an ordinance banning open containers on Sixth Street in their City; that ordinance has been in effect for over a year; and it is still effective as of this date. He urged that the Council not be swayed by a last minute plea about the legal aspects of such an ordinance. inutes gular Council Meeting ..ay 9, 1984 Page 4 Dr. David Graham, of Emergency Services at Memorial Medical Center, reminded the Council of the many citizens who are badly injured in DWI related accidents, noting that 60% of the fatal accidents that occur are alcohol-related. He stated that some of the people included in that statistic are not legally drunk but merely have had only two beers which does slow down their reaction time. He stated that he would like to go even further and ban the sale of single cans of beer in the stores of this City. He expressed the opinion that there will be no legal problem in passing this ordinance and enforcing it. Mr. S. M. Cowling, 138 Southern Street, provided statistics pertaining to alcohol-related accidents and deaths and injuries. He referred to Mr. Harmon's statement that passage of this ordinance could cause the City a lot of money to defend the right to issue citations, and expressed the opinion that any cost would certainly be worthwhile if it saved lives. He stated that he would prefer that his taxes be increased, if necessary, in order to provide funds for such a purpose. Municipal Court Judge Jack Hunter addressed the Council, stating that he was requested to appear to provide information from the Court's standpoint. He explained that during the last year, Municipal Court had 6,477 charges filed for DWI and stated that most of the people have indicated that they were intoxicated before entering their vehicles. He agreed that public intoxication is a real problem_and is a particular problem with Municipal Court. He stated that if this ordinance is passed, it would only be conjecture on his part as to how many cases would occur. He stated that he had discussed this with Municipal Court Judges in Arlington, Texas and was informed that they have handled 42 citations in the past three months; 21 of those 42 plead guilty; and the remainder of the cases have not been resolved. He stated that they have had no problems with the ordinance. He stated from a Court level, he would recommend that if this ordinance is implemented, he felt that it would be logical to have corrective measure programs to educate the people in regard to the problem. Council Member Slavik inquired about the possibility of requiring the guilty party to make payments on their fines instead of allowing them to make one payment; in other words, they would have to appear in Court several times. Judge Hunter explained that he usually puts them on six months' probation and they have to go to a school and report back to the Court which would accomplish the same purpose. Council Member Mendez inquired as to the amount of fine that Judge Hunter would recommend, and Judge Hunter replied that legally, the fine could be up to $200. He stated that Arlington has a $50 minimum and stated that if those who are issued citations decide to contest them, the fine could either be lower or up to the maximum of $200. utes ,ular Council Meeting May 9, 1984 Page 5 Mr. Ben Sley, 470 Cape Lookout, expressed the opinion that this ordinance can save lives. He addressed the legal aspect of it and pointed out: (1) this City is a home rule City and does have the authority to pass such an ordinance and the ordinance would be valid until it has been challenged in Court; and (2) the City Council would be acting in good faith in passing this ordinance. He stated that since the City Council would be acting in good faith, he felt that it would be impossible for a guilty person to file a civil liberties lawsuit. There were no further comments on this ordinance; City Secretary Read polled the Council for their votes; and the third reading of the ordinance passed as follows: L. ORDINANCE NO. 18208: AMENDING CHAPTER 53, TRAFFIC, OF THE CODE OF ORDINANCES TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES WHILE OPERATING A MOTOR VEHICLE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Berlanga, Brown, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Guerrero and Mendez voting, "Nay"; Jones, "Absent". Mayor Pro Tem Turner called for consideration of the Consent Motion on the following items: 1. Bids be received May 22, 1984, for 244 parking meters for Traffic Engineering to be used as replacement meters and for installation at Municipal Parking Lot No. 1, and Mesquite and Chaparral Streets between I-37 and Twigg Street. These meters are included in the 1983-84 Capital Outlay Budget. 2. Bids be received May 29, 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 high potential magnesium anodes with #6 backfill, to be used by the Gas Division for cathodic protection on steel gas lines to prevent corrosion. Estimated expenditure $55,000. 3. Bids be received June 6, 1984, for police pistols for the Police Department. The pistols are included in the 83/84 Budget. Estimated expenditure is $19,740. 4. Bids be received June .6, 1984 for a propane powered floor scrubber for the Coliseum. This equipment is used to scrub and clean exhibit floors after events. Equipment is included in the 83/84 Revenue Sharing Budget. Estimated expenditure is $15,500. lutes Jgular Council Meeting May 9, 1984 Page 6 5. Approve the award of a twelve months supply agreement, with option to extend for an additional twelve months, subject to the approval of the seller and the City Manager or his designee, for hydrogen peroxide for Wastewater Services, including the option to purchase five storage tanks at the end of the contract period, from E. I. DuPont de Nemours & Co., based on only bid. Prices have increased 21% since last year's contract due primarily to a product shortage. 6. A public hearing be held on May 30, 1984, on the closure request of a 50 foot wide by 631 foot long public roadway easement in Lot 13, Block 11, Sunshine Acres Subdivision. This roadway easement is currently unimproved and is located on Wooldridge Road between Airline Road and Rodd Field Road immediately adjacent to the Windsong Subdivision. 7. A public hearing be held May 30, 1984, on the closure request of a 40 foot wide by approximate 175 foot long section of Everhart Road in Section G, Flour Bluff & Encinal Farm & Garden Tracts and Section 19, Bohemian Colony Lands. This portion of Everhart Road is located within The Lakes Subdivision at the extreme south end of present Everhart Road and Oso Creek. 8. A public hearing be held on May 30, 1984, on a proposed Master Drainage Plan revision in the area bounded by Leopard Street, Agnes Street, McKenzie road and Clarkwood Road involving 276 acres of diverted drainage, revision of basin drainage channels because of pipelines and minor basin realignment to follow property lines. The majority of the proposed revisions pertain to drainage into the recently completed Clarkwood Drainage Ditch. 9. A bridge agreement relating to South Fork Unit 2 Subdivision be approved providing for the deferring of a bridge obligation by the County Creek Corporation. The City has been unable to obtain a Corps of Engineers' permit for a low-water bridge across this contiguous wetlands area. The agreement would defer the bridge obligation pending a decision to ultimately build a different type of bridge. 10. The Surfside to Timon Boulevard Connection project be accepted and final payment of $59,552.05 be authorized to Heldenfels Brothers, Inc. The total work done on this project, which is funded by 7th and 8th Year Community Development Block Grant Funds and 1982 Street Bond Funds, is $233,110.98. Council Member Slavik referred to item 5 and inquired about the cost of the hydrogen peroxide to be purchased. City Manager Martin stated that it would be approximately $109,000. Council Member Slavik referred to item 7 and asked to see a better map on this. nutes gular Council Meeting May 9, 1984 Page 7 City Manager Martin explained that this item is just to set the public hearing and a better map will be available at the public hearing on May 30. Several Council Members inquired about the size pistols that will be included in the bid receipt as listed in item 3, and City Manager Martin replied that it will be 357's. Council Member Berlanga again referred to item 3 and inquired if the guns purchased will be capable of using the higher velocity bullets. City Manager Martin assured him that the guns can use both. He stated that the practice established will involve the use of both types of bullets and explained the requirements for the police officers to be allowed to use the higher velocity bullets. Mayor Pro Tem Turner ascertained that no one in the audience wished to - speak on the foregoing items. A motion was made by Council Member Brown that Consent Motions 1 through 10 be approved, seconded by Council Member Slavik and passed unanimously. * * * * * * * * MayorProTem Turner called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on Nos. 11 through 24. Council Member Mendez referred to Ordinance 12 which closes a 30 foot wide drainage easement in The Lakes Subdivision and inquired if this would have any adverse effect on the subdivision. Assistant City Manager Lontos explained that the developers acquired an easement to drain the subdivision; their plans were changed; and they are rerouting the drainage to blend in with the plans for the subdivision. He stated that this is just to abandon the first easement and it will not affect the drainage in the subdivision. Council Member Slavik referred to Ordinance No. 13 which recommends closing and abandoning a 5 foot wide utility easement in Lot 2, Block 1 of the Henderson Tract and asked to see a map of this location. Assistant City Manager Lontos provided her with a map, and Mrs. Slavik pointed out that the map was not very clear and requested that the map sent in their notebooks be marked better. Council Member Slavik expressed concern about Ordinance No. 14 which approves a condemnation award of $488,200 for the acquisition of Parcel 3 located at the corner of Leopard and N. Alameda Streets in connection with the City Hall site. She stated that she was very concerned that there was such a large discrepancy between the appraised value and the award by the Condemnation Court. nutes gular Council Meeting May 9, 1984 Page 8 City Manager Martin stated that he definitely agreed with her but they are going to recommend that the land be acquired but the City plans to appeal the decision of the Court. Council Member Slavik then pointed out the difference in the price of this land and that of Parcel 9 which is for four lots on which the price is much less. City Manager Martin stated that the difference in price is logical in that one parcel is at the corner of Alameda and Leopard and the other is mid -block. He stated that he did agree with Mrs. Slavik that the price was excessive that was awarded by the Court and assured her that the City does plan to appeal that award. He stated that if the City is successful and the cost is lowered, the money will be returned to the City. He stated that the appeal will be by jury trial in a County Court. Mayor Pro Tem Turner referred to Ordinance No. 24 which is the third reading authorizing an agreement with Corpus Christi Surreys by the Sea and stated that she understood that there was an open-ended cancellation clause in the agreement. Assistant City Manager Utter stated that the agreement specifically states that the City has the right to cancel the agreement with proper notice 30 days prior to the -cancellation. Mayor Pro Tem Turner expressed the opinion that if they are doing a good job as has been indicated, they should not be subject to this kind of cancellation clause. Mr. Utter stated that this allows the Council the flexibility to cancel the operation if they care to do so. He stated that the Council would be free to cancel with 30 days written notice and this was inserted in the agreement to protect the City. Mayor Pro Tem Turner called for comments from the audience on items 11 through 24. Mr. Danny Polinard expressed appreciation to Mr. Utter and stated that they, too, are concerned about the 30 day cancellation clause. He stated that he would prefer to have the same clause in this five-year agreement as was in the previous one-year agreement for his operation. Council Member Guerrero made a motion that the cancellation clause in the agreement under consideration be amended so that it would have the same language as the previous contract. The motion was seconded by Council Member Brown and passed unanimously. City Manager Martin stated that he would like to withdraw Ordinance 24 for one week in order for the agreement to be revised. nutes gular Council Meeting May 9, 1984 Page 9 Mrs. Linda Jenkins referred to the ordinance authorizing award of contract for the Annaville Area No. 1 Street Improvement Project and stated that the vote has changed on the street improvements and the vote is now 11 to 11 to have the improvements. She stated that she understood that the required percentage must be over 50% before the street is improved. She also stated that she understood that the design of the street has changed. She informed the Council that one of the engineers had told her that instead of the curve coming around two lots, they will slope one side of Birdwood into their lots. She questioned the consequences of this. Assistant City Manager Lontos assured Mrs. Jenkins that the design of the street has not changed and the comment that she made referred to how the drainage is taken care of at that intersection, but it does not affect the improvements of Forest Hill Lane. Council Member Berlanga asked Mr. Lontos about the drainage on Timbergrove and inquired if that drainageway was prepared by the City or if it was natural. Assistant City Manager Lontos stated that the drainage will go to the easements and the modifications at the intersection will be designed to improve the drainage. He reminded the Council that the street will be lowered 15" and that will relieve the property owners of the existing drainage problem. Mrs—Jenkins again asked that since the vote was 11 for and 11 against the street improvement, and if the City continues with the project, if they could ask that the sidewalks be omitted. Mr. Lontos stated that the City's policy is to install sidewalks and reminded her that some of the property owners on Forest Hill Lane signed the petition requesting the sidewalks. Council Member Mendez pointed out to Mrs. Jenkins that the least costly item included in the improvements would be the sidewalks. He stated that he has been discussing the drainage with Mr. Lontos, and particularly, as it will affect Jackson Terrace. Mr. Lontos pointed out the various drainage easements in the area and stated that they are working with Mr. Henry Tucker and other property owners to provide a solution to the erosion problem that exists in Jackson Terrace. He stated they are attempting to work with the developer and other property owners to have some storm sewers in the easements. Council Member Mendez explained also that as the water comes across the intersection, the curbs and gutters are very important to keep the water from running into the properties behind this area. He stated that if the overall drainage is considered, the improvements should be approved and completed on Forest Hill Lane. To Mrs. Slavik's question in regard to the petition, Mr. Lontos explained the procedure followed when voluntary paving petitions are received. He stated that this particular project was included in the 1982 Bond Program. nutes Regular Council Meeting May 9, 1984 Page 10 Council Member Slavik objected to the seven-year delay and inquired if the voluntary paving street petitions could be expedited. Mr. Lontos stated that it all it takes is money and bonds must be approved by the citizens before street improvements can be made. He explained that the petitions are recorded on the date that they are returned to the City Engineering Department, not the date that the citizen picks up the petition. Council Member Slavik stated that she felt that there had been some confusion among the property owners on this project; the people who want the street improvements did not appear at the public hearing; and she understood that the letter of notification was not clear in urging them to attend the public hearing on the preliminary assessments. Mr. Lontos assured Mrs. Slavik that the Staff had polled the property owners by letter to see if they still wanted the improvements. Mrs. Slavik urged that the Staff reword the letter urging that the property owners attend the public hearing on the preliminary assessments. Mayor Pro Tem Turner pointed out that some of the people present do not want the paving improvements, and the City Council is concerned, but the City Council feels that the City should have strong procedures on such projects. She reminded Council Member Slavik that the City Council directed the Staff about a year ago to repoll the residents when some time had elapsed since their voluntary paving petitions had been presented. This was to ascertain if they still wanted the street improvements. She pointed out that the Staff had conducted a poll which indicated that more than 50% of the residents wanted the improvements; the City spent a great deal of money to have the Engineering Department move forward with this project; and she felt that the project should move forward as soon as possible. Mr. F. A. Reneau, 11142 Forest Hill Lane, stated that he is in favor of these improvements and he did not understand why some people are opposed to it. He stated that he was of the opinion that the drainage will be greatly improved with the street improvements and pointed out that they have had no improvements in that area in over twenty years. He expressed appreciation to the City Council for moving forward on this. Mrs. Jean Smith, 11101 Forest Hill Lane, stated that she did not sign the petition and they were told that they could not do anything to stop the street improvements until the public hearing was held. She stated that she felt that they should have been able to voice their opposition earlier before the design of the street was completed. Mayor Pro Tem Turner reminded her that the letter received on the public hearing for the preliminary assessments does clearly state that the property owner should plan to attend the public hearing on the preliminary assessment roll and she did not see any reason to revise that letter. Minutes 'e.gular Council Meeting y 9, 1984 ilage 11 Mrs. Allen Salge, 11122 Forest Hill Lane, stated that they had moved there in August, 1962; the area was annexed by the City in 1963; in 1972, they petitioned for sewer service; and in 1978, a majority of the property owners petitioned the City for street improvements. She reminded the Council that a majority of the property owners have always been in favor of these street improvements and she did not understand why they must continuously voice their opinion in favor of the street improvements since it was their understanding that once the petition had been presented showing that a majority of the residents were in favor of street improvements, there would be no further question about the City's doing the improvements as soon as funds were available. Mr. Larry Dreyer, 11118 Forest Hill Lane, also of the street improvements. There were no further comments on any of the Read polled the Council for their votes; and the passed: 11. ORDINANCE NO. 18218: stated that he is in favor ordinances; City Secretary following ordinances were AMENDING ORDINANCE NO. 17898 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Connection of Surfside Boulevard to Timon Boulevard 1. Coastal Avenue, from North Shoreline Boulevard to Timon Boulevard; 2. Surfside Boulevard, from Bridgeport Avenue to Timon Boulevard, and 3. Timon Boulevard, from Surfside Boulevard at Elm Street to Surfside Boulevard at Coastal Avenue. AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 12. ORDINANCE NO. 18219: CLOSING AND ABANDONING A 30 FOOT WIDE DRAINAGE EASEMENT IN LOT 3, SECTION 19, BOHEMIAN COLONY LANDS, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". minutes gular Council Meeting ,.y 9, 1984 Page 12 13. ORDINANCE NO. 18220: CLOSING AND ABANDONING THE 5 FOOT WIDE UTILITY EASEMENT IN LOT 2, BLOCK 1, HENDERSON TRACT, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 14. ORDINANCE NO. 18221: APPROPRIATING $494,225 FOR THE ACQUISITION OF PARCEL 3 OF THE CITY HALL SITE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 15, ORDINANCE NO. 18222: APPROPRIATING $317,671 FOR THE ACQUISITION OF PARCEL 9 OF THE CITY HALL SITE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 16. ORDINANCE NO. 18223: AUTHORIZING THE EXECUTION OF A CONTRACT WITH IBANEZ CONSTRUCTION COMPANY, INC. FOR THE ANNAVILLE AREA NO. 1 STREET IMPROVEMENTS PROJECT: APPROPRIATING $245,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 17. ORDINANCE NO. 18224: CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Annaville Area No. 1 1. Forest Hill Lane, from Violet Road to Birdwood Lane, and 2, Redbud Drive, from Japonica Drive to Dead End. FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. Utes gular Council Meeting May 9, 1984 Page 13 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 18. ORDINANCE NO. 18225: AUTHORIZING THE EXECUTION OF A CONTRACT WITH BASIC CONSTRUCTORS, INC. FOR THE EXPANSION OF THE ALLISON WASTEWATER TREATMENT PLANT; APPROPRIATING $4,700,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 19. FIRST READING: AMENDING THE CODE OF ORDINANCES, CHAPTER 55, UTILITIES, TO PROVIDE FOR ALTERNATIVE FORMS OF UTILITY DEPOSITS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 20. FIRST READING: REPEALING THE MECHANICAL CONTRACTORS LICENSING ORDINANCE NO. 17477 AS AMENDED BY ORDINANCE NO. 17770. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 21. SECOND READING: ADOPTING THE STANDARD FIRE PREVENTION CODE, 1982 EDITION, WITH CERTAIN OF THE 1983 REVISIONS, AND OTHER CHANGES AND AMENDMENTS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing third reading McComb, Mendez 22. THIRD READING ordinance was read for the second time and passed to its by the following vote: Turner, Brown, Guerrero, Kennedy, and Slavik voting, "Aye"; Jones and Berlanga, "Absent". - ORDINANCE NO. 18226: 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. Minutes ,gular Council Meeting .y 9, 1984 Page 14 The foregoing ordinance was read for the third time and passed by the following vote: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". 23. THIRD READING - ORDINANCE NO. 18227: 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: Turner, Brown, Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Jones and Berlanga, "Absent". Mayor Pro Tem Turner announced the public hearing on the following items: 25. Contractual annexation of 96.72 acres owned by Henry & Bryan Tucker, out of Lots 2 & 3, Section 19, Bohemian Colony Lands, and Lots 17 & 31, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, and a portion of the Lakes Unit 1 Subdivision, located south of Cedar Pass & west of Everhart Road. Mr. Larry Wenger, Director of Planning, located the area proposed for annexation—on a transparency. Mayor Pro Tem Turner ascertained that no one in the audience wished to speak in opposition to the proposed annexation. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member McComb and passed unanimously. 26. Contractual annexation of 49.63 acres owned by Grandstand Softball, William H. Holland, General Partner, out of Lot 8, Sec. 14, Bohemian Colony Lands, located on the southeast corner of Greenwood Dr. and Saratoga. Mr. Wenger located the area proposed for annexation, and Mayor Pro Tem Turner determined that no one in the audience wished to speak in opposition. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member McComb and passed unanimously. "t.nutes 3ular Council Meeting ay 9, 1984 Page 15 27. Contractual annexation of 12.54 acres owned by Crow -Western #9 and C.C. Ltd., out of Lot 9, Section 5, Flour Bluff & Encinal Farm & Garden Tracts, located on the southwest corner of Timbergate and South Staples. The area to be annexed was located on a transparency by Mr. Wenger. No one spoke in opposition to this proposed annexation. A motion was made by Council Member Kennedy that the hearing be closed, seconded by Council Member McComb and passed unanimously. * Council Member David Berlanga and City Manager Ed Martin departed the meeting at 3:35 p.m. to depart the City on business. Mayor Pro Tem Turner announced the public hearing on the following item: 28. The City's 10th Year entitlement for its Community Development Block Grant Program and the reprogramming of funds available from previous years into the 10th year's program. Mayor Pro Tem Turner stated that the City Council had discussed, at length, the Community Development Block Grant Program and had established the following guidelines: 1. No Community Development Block Grant funds be authorized to applicant agencies for the support of operating expenses; 2. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program; and 3. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. Mayor Pro Tem Turner informed the members of the audience that a sign-up list was located at the back of the room for those who wish to speak. She stated that each organization would be limited to a presentation not to exceed ten minutes. She then requested that the Staff provide background information. Assistant City Manager Tom Utter briefly described the Community Development Block Grant Program for the years 1984-85. He stated that the City Staff had originally expected funding in the amount of $4,252,000 and they have just been informed that the City will be granted an additional $5,000 for a total of $4,257,000. He informed the Council and the members of the audience that an advertisement was in the newspaper on April 29, 1984 in Spanish and English listing the various projects proposed for reprogramming or for funding in the 10th Year Program. He also stated that a public notice was published on April 7 and 8, in the Corpus Christi Caller -Times, notifying the public of the Planning Commission hearing. nutes ular Council Meeting .,y 9, 1984 Page 16 Mr. Utter then explained the books containing the proposed program which had been presented to the Council Members, noting that the book contained the following information: A. Program guidelines adopted by the City Council. B. Recommendations for 10th Year CDBG Program (Staff and Planning Commission) . C. Brief description of the projects being recommended. D. Map locating all park improvements in the recommended program. E. Map outlining those streets recommended for reconstruction as Furman School Area Streets Phase II project. F. Planning Commission Meeting Minutes. G. Listing of projects which are completed and are being closed out, from which remaining funds are being recommended for reprogramming into the 10th Year program. H. Listing of meetings held with the various neighborhood and civil groups. I, Summary of all requests received to date, minutes of various neighborhood group meetings, and copies of proposals. J. Copies of public notices published in the Corpus Christi Caller announcing the scheduled public hearings and the City's Policy on Displacement. K. Status report of the various CDBG projects as of April 1, 1984. L. CDBG Informational Pamphlet. Mr. Utter then stated that the timetable adopted by the City Council is to conduct the public hearing on May 9; Council discussion on the proposed program scheduled for the Workshop session on May 16; and the adoption of the program is scheduled for the Regular Council Meeting in the afternoon of May 16, 1984. Council Member Kennedy commented that if citizens were present to comment on the recommended funding and if they agreed with the recommendations of the Planning Commission and the City Staff, then there would be no reason for them to speak. He also referred to the Clean Community System group and stated that it is a good program, but funding will not be provided for that organization for staff and operating costs. He stated that the Community Development Block Grant program is not an appropriate source of funds for this operation. ' inutes jular Council Meeting .y 9, 1984 Page 17 Mayor Pro Tem Turner commended Assistant City Manager Utter and Mr. Ezequiel P. Elizondo, Director of Housing and Community Development, for their efforts in putting together such a good program. Mayor Pro Tem Turner then called on the first speaker. Dr. Leonardo Carrillo, 1906 Andrews, representing Neighborhood Association, stated that he had a large group of area in the audience. He presented a petition to the City 171 signatures of residents in the Temple Park area who assistance in improving the park. He stated that a lot problems originate in Temple Park; the City has tried to Temple Park but the improvements are destroyed by vandalism; a meeting place for adolescents who breed crime. the Temple Park citizens from that Council containing wanted to request of their security do many things at and it seems to be Dr. Carrillo continued by stating that with the assistance of Park and Recreation Department personnel, they have been considering joining the Adopt -A -Park Program. He stated that through those efforts, they hope to improve their neighborhood park. He explained that their plans include the creation of a passive recreation area similar to Mexican plazas which would be something new for the City of Corpus Christi. He explained that the area residents plan to provide plants which will be maintained by those in the neighborhood. He summarized by stating that they would like to request funds in the amount of $40,000 rather than the $18,000 recommended by the Staff and the Planning Commission. Mayor Pro Tem Turner commented that this is a very large park that is highly used with very little improvements installed there. She stated that the thing that impresses her most about this request is that it exemplifies what the City would like to encourage in that the neighborhood wants to participate in the Adopt -A -Park Program to help improve and maintain this park. She urged approval of this funding. Mrs. Turner also noted that this would be the first park on the west side that has been adopted by a neighborhood group. Mr. Kelly Elizondo, Director of Housing and Community Development, pointed out that adjustments would have to be made to provide funding in the amount of $40,000. Mrs. Nancy Maglito, Los Encinos Park group, stated that their request is for the installation of sidewalks along Greenwood Drive. She pointed out that the children have to cross Greenwood to go to school in that vicinity. Council Member Guerrero pointed out that this neighborhood organization is very strong and well -operated and this is a very rapidly growing neighborhood. He agreed that there is a need for sidewalks to accommodate school children walking to school. He also stated that there is a need for a covered bus shelter for the children. nutes gular Council Meeting may 9, 1984 Page 18 Mr. Elizondo explained to the Council that the Staff met with the Neighborhood Council the preceding evening and that the existing sidewalks are on the west side of Greenwood but not on the east side because development had not occurred on the east side of Greenwood when the existing sidewalks were constructed. Council Member Guerrero stated that the money needed for this purpose is approximately $30,000 which will provide funds for the sidewalks and a covered shelter. Deputy City Manager Ernest Briones stated that the Staff will examine the bond program to see if there might be funds in the Street Bond Fund for this purpose. Mayor Pro Tem Turner recognized State Representative Hugo Berlanga. Representative Berlanga stated that he is speaking on behalf of Clean Community Systems and informed the Council that the group has opted not to seek Block Grant funds for their expenses but he would like to recommend that the General Revenue money be allocated in the amount of $34,800 to help fund this program. He stated that he is appearing on behalf of American Bottling Company and reminded the Council that this program was funded the preceding year and it is anticipated that the business community will donate between $70,000 and $100,00Q_to_this program. Mrs. Paula Gaut, Director of Clean Community Systems, stated that she is speaking on behalf of various members present to represent businesses as well as other citizens. She explained that they have created a very broad-based system with a variety of participation. She stated that they will receive funds from the business community but there is a need for additional funds. She explained their efforts to effect improvements throughout the entire community and reiterated that various business firms have contributed a great deal of time, money and assistance toward cleaning the entire community. She summarized by stating that their request from the City is for $34,800. Mayor Pro Tem Turner inquired of Mrs. Gaut if she anticipated that this program would ever be self-sustaining, and Mrs. Gaut replied that the City of Houston program is self-sustaining but they received support originally from the City government. She mentioned other cities in which the Clean Community System is still funded by governmental entities. Council Member Slavik expressed the opinion that that is a great deal of money for that particular program and inquired about the previous support of the Beautify Corpus Christi Association. Mr. Doug Wade, President of Beautify Corpus Christi Association, stated that they were instrumental in starting the Clean Community Systems which is an improvement over Beautify Corpus Christi in that a full-time staff person has been employed to provide a more intense organization. He explained that their primary goal is to keep the community clean and explained some of the exciting programs that had been initiated. Minutes qular Council Meeting i 9, 1984 Page 19 Mayor Pro Tem Turner then read the list of citizens who were present to support this program. Mayor Pro Tem Turner then recognized a speaker who wished to address the MH -MR Shelter. Mr. Norberto Viamonte stated that he was speaking on behalf of Representative Eddie Cavazos to express the support for the Workshop Shelter. Mrs. Pat Duaine, 4909 Branscomb, presented copies of her book to Members of the City Council who did not have one. She explained that MH -MR operates a training center and has done so for about ten years without any funds from the City. She mentioned several organizations that have provided support for this group and stated that there is a need to expand the shelter so that more retarded citizens may be served. Mr. Robert Tamez, Chairman of the Board of the MH -MR explained that the shelter provides a very good service but it serve all of the citizens who need this service. He explained had initially requested $245,000, but the Staff recommended amount of $200,000. He explained that they are committed project, and even though it would be difficult, they plan shelter somehow even if only $200,000 is funded. Training Center, is inadequate to that their group funding in the to complete the to complete the Council -Member Brown stated that he had visited that facility and the room in which the training occurs is totally inadequate and he would support the funding of $245,000 as they have requested. Mr. Tamez stated that one of the alternatives is to approach the County Commissioners for the additional funding. Council Member McComb stated that he, too, had examined the shelter and felt that it was a very good program. He stated that the Council needs assistance in terms of just where additional funds would be available. He asked Mr. Tamez if he had any suggestions as to where the funds should be eliminated from some other project in order for MH -MR to be granted the additional $45,000. Mr. Tamez pointed out that the Planning Commission had recommended $245,000 for this program. Council Member Guerrero stated that he understood that the County has committed to provide the additional funds in the amount of $45,000, and Mr. Tamez stated that he understood that they were at least considering it. Mrs. Henrietta Newberry, number of people attending the that all of the group stand additional funds and a large Newberry explained that there 606 Chase, stated that they did have a large meeting to support this request. She then asked who were present to support this request for number of people indicated their support. Mrs. a large number of mentally retarded residents in Minutes 'ular Council Meeting 9, 1984 Page 20 the City and there is no place to train them except through this MH -MR Workshop Shelter. She explained that their aim is to train these citizens to become contributing members of society and pointed out that there are 600 mentally retarded students in Corpus Christi Independent School District right now and additional ones in the other school districts. Speaking on behalf of the Business Community was Ms. Carolyn Young who stated that she has a stationery business and her product is sold in department stores all over the State of Texas. She stated that the Shelter Workshop participants have been assisting her in this business and she feels that other members of the business community could use the services of the retarded if they are trained in the Workshop Shelter. She urged that the additional funding be approved. Also speaking on behalf of this request was Father Dave Walsh who stated that he has spent all of his life with disabled persons, and in his new position, he has visited all of the facilities in the area and he has been very impressed with the educational efforts of the community for disabled persons. He urged that the additional funding be approved to provide a larger training area. Mayor Pro Tem Turner stated that according to items she has read, 95% of the mentally retarded are capable of functioning in a workshop set-up and she felt that it is absolutely essential that this shelter be constructed. She informed the -members of the audience that the City Council is very supportive of this organization. Mr. Elizondo stated that Mrs. Sue Dyke, who was scheduled to speak during this public hearing, had expressed appreciation to the City Council on behalf of the Women's Shelter for the funding that was recommended. He explained that that organization plans to construct an addition to their facility; the funding recommended by the City Staff is $10,000; and the Women Shelter plans to raise the additional $8,000 on their own. Mrs. Catalina Martinez, 1309 Sixth Street, stated that she is speaking on behalf of the Spohn Hospital Area residents. She reminded the Council that they had requested during the 9th Year Community Development Block Grant discussion that they be provided funds to establish a park in their neighborhood for children. She stated that they would like to have the City purchase two or three lots on which to develop the park and urged that the allocation for their park be increased from $70,000 to $100,000. Mr. Elizondo informed the Council that the Staff has had no success in finding land that could be acquired. Mr. Utter further explained that the neighborhood organization has requested that there be no condemnation procedures in order to acquire property for this purpose; the City will have to go to the open market to purchase the land; but without the tool of eminent domain, it would be very difficult to purchase several lots at a reasonable price. tutes ,gular Council Meeting May 9, 1984 Page 21 Mayor Pro Tem Turner inquired of Mrs. Martinez as to how she would feel about possible condemnation as long as it does not involve a homestead. Mrs. Martinez explained that she would not approve of that either because most of the property owners have rent property in that area which is their only source of income. Mr. Utter stated that the City could consider condemning property if it is not a homestead and he agreed that the Staff would not recommend condemning homestead property. Mayor Pro Tem Turner assured Mrs. Martinez that the City Council wants the park established and they will be glad to work with them on it. Mrs. Gloria Perez, 1317 Seventh Street, spoke in regard to the same subject and stated that the park in that area is very important to the residents, particularly since it is needed for the children. She urged approval of the additional funding. Mrs. Lillie White, 2729 Kitchen Street, stated that she works with several neighborhood centers in Corpus Christi. She referred to Tract 16 and stated that they would like to have funds to expand their Tract 16 center. She explained that they have requested this before for use, particularly, by the senior citizens. She stated that their request for $16,000 for this purpose was not recommended by the Planning Commission nor the Planning Staff. Mr. Utter explained that the Tract 16 building is located on Blake Street and reminded the Council that the inside of the building had been renovated; a fence was installed; and sidewalks were installed. He stated that the City Staff has attended a lot of meetings there and they are of the opinion that the building is adequate for the use in that tract. Mr. Elizondo also agreed that it is adequate for that tract, and if the building is expanded, there might be a staffing problem. Mrs. White pointed out that they have volunteers who work in the center now and stated that they have about thirty people who participate in activities at the center. Mrs. Beatrice Stoney, 2922 Kitchen, stated that she is a senior citizen and that she works there with other ladies making quilts. She stated that they needed more room so that they could increase this activity so that more people could attend and participate in their endeavors. No one else spoke in regard to the Community Development Block Grant Program. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Slavik and passed unanimously. lutes ,pular Council Meeting May 9, 1984 Page 22 Mayor Pro Tem Turner informed the members of the audience that no decisions will be made today on the funds, noting that the program will be discussed during the Workshop Meeting on May 16 to be followed by final approval during the Regular Meeting on the same date. Mayor Pro Tem Turner called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Tony Heldenfels, Jr., 3535 Santa Fe, representing Heldenfels Brothers, Inc., stated that he was speaking in connection with one of their ancillary companies which furnished building materials for the Meadow Park Recreation Center improvements. He stated that the cost to Heldenfels was $26,000 and reminded the Council that the bond on this project that the City received was a fraud. He stated that $20,000 was withheld from La -Man Construction Company because allegedly there were problems with the structures that had been constructed with the materials from Heldenfels. He stated that he was appearing before the Council in order to ask their permission to allow him and his company to continue submitting bids to the City for various projects even though he may find it necessary to file litigation with the City in order to recover the $26,000 owed him from the Meadow Park Recreation job. Mr_ Gerald Smith, P.E., City Engineer, stated that the City's general provisions, which are actually a part of the contract with the construction companies, state that the City Council has the right to disqualify contractors if they are involved in litigation with the City. He further explained to the Council that the City Staff is still attempting to work the problems out on this project. He stated that they thought that they had a serious problem with some of the cracked beams in connection with the project and that is why money was retained from the original contractor. He concurred with the statement that the work was performed by a contractor who has defaulted on the contract and evidently, the bonding company is not a good company. Mr. Heldenfels expressed the opinion that the City is still liable since there is no bonding company involved. He stated that all he is asking is for the City Council to say that they will not prohibit his company from bidding on City projects if he finds it necessary to file a lawsuit. Assistant City Manager Lontos explained that Mr. Heldenfels appeared before the Council once before on a similar matter which involved drainage improvements in the downtown area. He explained that there was a question regarding the amount of work that was done and he at that time, asked for permission to continue to bid projects even if he found it necessary to file a lawsuit. Mr. Lontos stated that the Council at that time allowed him to do that and this is not something out of the ordinary but the City Council needs to make that decision. Council Member Guerrero inquired about the position that AGC would take on this. 'flutes gular Council Meeting nay 9, 1984 Page 23 Mr. Heldenfels assured the Council that AGC is not going to sue. He assured the Council that he has no quarrel with the City, but in this situation, it appears that the City of Corpus Christi may have to be a part of his lawsuit against La -Man Contractors. Council Member Guerrero stated that he did not see any problem with allowing Heldenfels Brothers to continue to bid on projects in light of the situation. A motion was made by Council Member Guerrero that Heldenfels Brothers, Inc. be allowed to continue to submit bids on projects even though they are involved in litigation with the City. The motion was seconded by Council Member Kennedy. Council Member Guerrero stated that it was his understanding that this should be placed on the agenda the following week and the Council agreed that it should be a motion on the agenda on May 16 at which time, Mr. Heldenfels would be allowed to speak if he so desired. Deputy City Manager Briones assured the Council that a report will be in the Council packets for the following week. Mr—flee Haven, President of the Corpus Christi Restaurant Association, stated that his group is very concerned about the water shortage and at their last meeting they voted to enter into a voluntary conservation program and they plan to install signs in as many restaurants as possible to the effect that they will serve water to customers only on request. Council Member Brown expressed appreciation to the Restaurant Association for this effort, and Council Member Slavik stated that she has been urging water conservation for several weeks and she, too, expressed appreciation. Mr. Briones informed the Council that an item will be on the Workshop agenda the following week to discuss water conservation. Mrs. Dorothy James, 734 Chase Street, addressed the Council in regard to the garbage pickup. She stated that she objected to the limitation of five plastic bags for each pickup and pointed out that when people move in and out of neighborhoods, there are a great deal more than five items to be picked up. She stated that there is no way to beautify Corpus Christi if garbage is left at the curbside in neighborhoods. Mrs. James referred to the Democratic and Republican Precinct Conventions and stated that many of the voters were unable to attend those conventions because of the Buccaneer Days' Parade. She urged that the Council do something to change the date of the parade. Council Member Kennedy assured her that the Council was working to have this problem resolved. nutes jular Council Meeting y 9, 1984 Page 24 Deputy City Manager Briones informed the Council that the proofs for the Council portrait were ready. Ms. Becky Gadell, Information Services, explained the procedure to be followed to select the proof to be use for the official Council portrait. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Council Member Kennedy and passed unanimously, the Regular Council Meeting was adjourned at 5:30 p.m., May 9, 1984. * * * * * * * * DZ/rr