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HomeMy WebLinkAboutMinutes City Council - 09/25/1984I, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of September 4, 1984 thru September 25, 1984, inclusive and having been previously approved by Council action, are by me hereby approved as itemized. September 04, 1984 - Regular Council Meeting September 11, 1984 - Regular Council Meeting September 18, 1984 - Special Council Meeting September 25, 1984 - Regular Council Meeting MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 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 Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member welder Brown in the absence of the invited minister, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Leo Guerrero. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones called for consideration of the minutes of the previous meeting. A motion was made by Council Member Mendez that the minutes of the Regular Council Meeting of September 18, 1984 be approved as presented; seconded by Council Member David Berlanga; and passed unanimously. Mayor Jones introduced Mrs. Tiney Browning, former Mayor and Council Member of Aransas Pass, Texas, who was present in the audience and accompanied by her daughter who is a student at Del Mar College and was attending the meeting in connection with her government class. Mayor Jones announced a presentation in recognition of Mr. Juan Orta for his valor and courage in saving the life of Robert Salcedo, Jr. from a burning house on September 17, 1984. Mayor Jones stated that Council Member Guerrero was instrumental in having this award made to Mr. Orta. Mayor Jones briefly explained the act of valor performed by Mr. Orta in saving the life of Robert Salcedo from a burning building and his courage in attempting the rescue of another child, from the same house, regardless of the danger to himself. He then presented a plaque MICPnFILMEr inutes Regular Council Meeting September 25, 1984 Page 2 expressing appreciation to Mr. Orta for his valor. Mr. Orta responded by expressing appreciation to the City Council and everyone else who has supported him for his actions. Mayor Jones recognized Dr. Hector Garcia and other members of the G. I. Forum who were present in the audience. Mayor Jones then administered the oath to Mrs. Eleanor Goldston, a new appointee to the Water Allocation and Review Committee. * * * * * * * * * * * * * Mayor Jones announced a presentation by the Ad Hoc Water Advisory Commission and expressed appreciation to the Commission for the time they are expending to assist the City in the water shortage. Mr. Hayden Head, Chairman of the Ad Hoc Water Advisory Commission, addressed the Council and stated that he wanted to bring them up to date on the recommendations made by that Commission. 1. A contract was let for the study of desalinization and the consultant will have the report completed by October 29, 1984. 2. A contract has been entered into by the City Manager on behalf of the City of Corpus Christi with the Lavaca-Navidad River Authority which entitles the City of Corpus Christi to purchase 15 million gallons of water a day. This is a short term measure and an application has been submitted to the State for this purchase. Transportation of the water is somewhat of a problem, but the City staff is studying the possibility of using existing pipelines and negotiations will begin on that aspect as soon as possible for the use of them. 3. The River Authority is preparing an application for a permanent permit for water from Lake Texana but the Commission feels that the application for temporary sale should be completed immediately and that measures be taken for a permanent purchase of water from that source. 4. One week ago a contract was entered into with Chemron Corporation to prepare a report on the feasibility of the use of a biodegradable chemical to be applied to the surface of Lake Corpus Christi to halt evaporation of water in the lake. This will be a pioneer effort. 5. The City has entered into a contract with the Edwards Underground Water Authority in connection with cloud seeding, even though this is not an untested process, the Commission cannot say that they have a lot of hope for success, but their intention is to try everything. 6. The Commission feels that wells offer the best possibility for relief until it rains and they are of the opinion that enough wells could be dug to provide long-term relief from water shortages. He stated that they hoped to have 15 to 20 million gallons in the Lake from wells within 60 to 90 days and these will be primarily from the Campbellton Wells and other wells will be dug on the City property at Lake Corpus Christi. Contractual negotiations are being considered for purchase of water from existing wells owned by private owners; one contract has been signed; this has proven to be successful; and there is water available from wells in other places. There is the possibility of drilling enough wells to get the City off the short -fall of available water and the City would own those wells in the future if they are ever needed again. Mr. Head summarized by stating that they feel that this is a temporary shortage of water and Corpus Christi will survive. inutes r(egular Council Meeting September 25, 1984 Page 3 He then introduced the other members of the Commission who were present in the audience, Judge Allen Wood and Mr. Charles Jacobs. Mayor Jones inquired about the distance the water has to travel from the Campbellton Wells, and Judge Wood replied 28 to 30 miles down the Atascosa River. Council Member McComb referred to the report due on October 29 on desalinization and inquired if that was well water or water from another source, and Mr. Head replied that it is well water, sea water, and effluent. Council Member Mendez noted that the study will include the treatment of effluent and since industries are the primary users of water, he inquired if the plants could use the effluent water for their cooling towers and suggested that the Commission work with the industry leaders in this connection. Mr. Head stated that he has discussed this with the Board of Trade and he is of the opinion that the industries will be very cooperative. Mayor Jones stated that he has an interview scheduled with a reporter from Philadelphia and he would like this information to let everyone in the United States know that the City is taking measures to relieve the shortage of water. Mr. Head questioned the reason Corpus Christi has been pointed out as a City that has no water and never has had enough water because this is not true and there are many other cities in the United States that have water shortages. He stated that he would be glad to talk to any reporter to show that the situation in Corpus Christi has been greatly exaggerated. * * * * * * * * * * * * * Mayor Jones announced the bid opening on the following 1. Maintenance Services Building - This project provides transporting and reerecting of a 4,000 square foot building to be erected at the City Service Center. engineering project: for the dismantling, pre-engineered steel Assistant City Manager James K. Lontos stated that this project has been divided into two basic bids, one for building erection and the other for general construction which includes a base bid and alternate number one which provides for the finishing of the interior of the building. Mr. Lontos then opened bids from the following firms: A-1 General Contractors, who submitted bids on both phases; Black Brothers Construction Co., bids on both phases; Dickson Builders, Inc., who submitted a bid on the building erection only; Hunt Construction Co., both portions; J. D. Construction Co., both portions; Dale Pittman, Construction Assistance Service, who submitted bids on the general construction only; Zeller Electric Company, Inc., who submitted bids on both portions; and Mendez Construc- tion Company, who submitted bids on both portions. He stated that all of the bidders had submitted the required bid security bond and that Mendez Construction Company had submitted two bid security checks, which is totally acceptable. inutes .<egular Council Meeting September 25, 1984 Page 4 Mr. Lontos informed the Council that the Mendez Construction Company proposal was improperly completed because they did not enter in their unit prices in words but they have put the total amount of the items, but they have not shown the price where the figure should go. He stated that at the bottom of the City's proposal form, there is a statement that all lines should be filled in and the statement also indicates that the price in words governs in case of discrepancies. Mr. Lontos reiterated that the City decided to divide the entire project into two contracts so that the work could be performed by two different companies. Council Member Slavik pointed out the discrepancy between the engineer's estimate and the actual bid prices. Mr. Lontos stated that he realized there is some difference but he did not know why yet. He explained that this is something that the City staff attempts to identify if unit prices are included in proposals. He explained that there are basically three items in the contract and if a company bids low on one and high on another, contracts will be awarded to two different companies. Mayor Pro Tem Turner questioned the method of awarding the contract, and Mr. Lontos explained that they can award two different contracts and the alternate will be awarded to the contractor who receives the award on the general construction according to the base bid. City Manager Martin stated that alternate no. 1 is an unbudgeted item that was included in this project if the bids were low enough and funds were available. He stated that at this point, it is not known if there is enough to award the alternate. Mayor Pro Tem Turner stated that she did not want the Council to have to encounter a problem with a contractor appearing before them to say that they were low on the base or on the alternate, and Mr. Martin assured her that the contract will be awarded to the contractor who is low on the base and the alternate added together if funds are available for this. Mr. Lontos stated that the specifications indicate that two contracts will be awarded -- one for building erection and one on the general construction. Council Member McComb expressed the opinion that the instructions were not very clear because the alternate is new material and the reason that the alternate is so expensive is because the building is just to be moved; whereas the alternate includes new items of construction. Mr. Lontos explained that the base bid includes site work only, not the building improvements. Council Member Mendez stated that he also questioned the method on this contract, noting that the general construction is site work; the contract could be awarded to the low bidder on the base bid; and if funds are not available for the alternate, it would not be included. He gave as an example Hunt mutes .regular Council Meeting September 25, 1984 Page 5 Construction Co. which bid $11,392.00 on the base bid but their alternate is $24,439.00 for a total of $35,831.00. He noted that the alternate was much greater than the base bid submitted by this contractor and implied that this might not be fair for someone to bid a small amount on the base bid and a much larger amount for the alternate which probably will be awarded to the contractor who is low on the base bid. City Manager Martin reiterated that the bid is set up for two separate contracts only, not three. Mayor Pro Tem Turner reiterated that she felt that there was some confusion on this bid. City Manager Martin explained that this is not an unusual procedure; the City does do this on most of their contracts in that they include alternates in the event there is enough money available. Council Member Mendez concurred, stating that it would not be feasible for the contract to be awarded to the company who submitted a base bid of $11,392 and then award the alternate to the bidder who bid $12,000. City Manager Martin agreed, stating that the contract was to be awarded in two parts, one for building erection and one for general construction. Mayor Jones expressed appreciation to the bidders who had submitted bids and stated that they would be tabled for 48 hours pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. * * * * * * * * * * * * * Mayor Jones called for Action of the Council from the Workshop Session on the following item: 1. Accepting the recommendation submitted by the Municipal Arts Commission on the City Hall design. A motion was made by Mayor Pro Tem Turner that the foregoing item be approved, seconded by Council Member Slavik and passed unanimously. * * * * * * * * * * * * * Council Member Guerrero stated that he would like to consider a complaint that he had received in regard to the installation of a traffic signal at the intersection of Kostoryz and Sokol Drive. He stated that he had submitted this to the City on April 26, 1984 and he understood that the signalization would be implemented within the next 12 months. He explained that the residents in the area have again brought this to his attention recently because of a near disaster at that intersection. He stated that he had checked this with the staff and was informed that the traffic signal would not be installed for an additional eight months or more. inutes regular Council Meeting September 25, 1984 Page 6 A motion was made by Council Member Guerrero that the staff improve the signalization program that has already been approved and that the traffic signal light at the intersection of Sokol and Kostoryz be installed within the next 30 days. The motion was seconded by Council Member Berlanga. Mayor Jones inquired as to whether or not this is on the agenda today, and Council Member Guerrero stated that it is not on the agenda. Mayor Jones suggested that this be considered at another time, and Council Member Kennedy suggested that a staff report be made on this signal light. A motion was made by Council Member McComb that this matter be tabled until later in the meeting under item "o", the City Manager's Report, in order to allow the staff time to prepare a report. Council Member Mendez seconded the motion. Council Member Guerrero stated that if the Council prefers to discuss this under the item "0" category, he had no objection. The vote on the motion was not taken, but the Council indicated their concurrence with the suggestion to discuss it at that time. * * * * * * * * * * * * * Mayor Jones called for consideration of the consent motions following items: 1. Bids be received October 17, 1984, for eleven siren/lightbars to be Police patrol cars. These units are included in the 1984-85 Budget. Estimated expenditure is $11,000. on the used on 2. Approving 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, and galvanized service fittings, for Gas following companies: Mars Utility San Antonio, Tx Brass Service Fittings (Lot 1) Brass Curb & Angle Meter Stops (Lots 3, 4) $74,935.10 the Ernie Bradley Houston, Tx Brass Curb Meter Stop (Lot 2) $19,409.00 or his designee, for brass and Water Division to the Corpus Christi Pipe & Supply Corpus Christi, Texas Galvanized & Black Service Fittings (Lot 5) $11,451.40 GRAND TOTAL: $105,795.50 Eight bid invitations were issued, five bids were received. 3. Approving a twelve month 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 uniforms for Police and Airport Security personnel to Irving's Uniforms, based on low bid meeting specifications for an estimated total of $50,036.20. '.nutes agular Council Meeting September 25, 1984 Page 7 4. Approval to renew the City's Comprehensive Self -Insurance Program for claim management, excess insurance, brokers fees, data processing expense with Arthur J. Gallagher & Company for the second year of a three-year program. 5. Approval of award of contract services for well drilling and testing. City Manager Martin referred to item 5 and stated that the staff is asking for authorization because the City may end up using all three bidders, because the major object is not to have well diggers standing in line one at a time, but to keep as many working as possible. He continued by stating that initially the City will start with two of them but the staff will come back to the Council from time to time to utilize these bids to award additional ones. He explained that what the staff is really doing is accepting the bids and authorizing contracts for well drilling services; the first contract will be offered to the low bidder if he can accept it with the error he made; and then move up the line to the second and third bidders if necessary. He noted that when you look at the overall picture of all of the equipment, a decent well is going to cost approximately $250,000 with all of the related appurtenances and initially, the City will start within two weeks to bring rigs on the scene and drill two wells at Lake Corpus Christi. Council Member Berlanga referred to item 4 and inquired if that was for liability insurance, and City Manager Martin explained that it is the entire package of insurance liability, including fire and excessive property damage, airport insurance, etc., but not health insurance. He explained that this is the excess liability coverage that the City carries. 6. Authorizing the City Manager, or his designee, to execute a one-year agreement with Nueces County providing for maintenance services on the public beach at Padre Island; services include provisions for trash receptacles, trash pickup, beach cleaning, and beach maintenance on a year-round basis; and provisions during September 1, 1984 through September 15, 1984 and May 17, 1985 through August 31, 1985, inclusive, for lifeguards, lifeguard stations, and portable restrooms. This agreement shall be for an amount not to exceed $35,000. 7. Authorizing the transfer of $25,000 out of the 1984-85 Tourist and Convention Development Fund (T&CDF) to the Permanent Art Trust Fund. There is currently $50,000 available in the T&CDF for support of the Arts. The Permanent Art Trust Fund provides a vehicle for providing public and encouraging private funding for the acquisition of permanent works of art to be located in public buildings and public places in the City. 8. Authorizing a contract with Karnes Electric Co -Operative, Inc. for $50,126.43 for installation of power supply for pump equipment at the Campbellton Wells. Funds have previously been approved by Ordinance No. 18462 dated September 11, 1984. 9. The Five Points Area Fire Station be accepted and final payment of $27,023 be made to Ewing Construction Co., Inc. The total cost of this 1982 bond project is $265,787. The station has been staffed and has been operational for approximately a month. lutes =gular Council Meeting September 25, 1984 Page 8 10. The Retta Drive Sanitary Sewer Extension project be accepted providing for the following actions. The contractor be charged liquidated damages for 96 days at the rate of $55 per day for a total of $5,280. b. Remaining funds of $12,128.87 be authorized to the contractor, DeBer, Inc. Total cost of this work is $47,999.90, which provided for the installation of approximately 1,400 linear feet of sanitary sewer in Retta Drive between Montreal and Glenoak Drive. Council Member Slavik stated that it is very unfortunate that the project listed in item 10 was delayed for so long. She inquired if this contractor has ever done any other work for the City, and Mr. Lontos explained that they did perform one other project for the City which was surface work which involved rebuilding dikes after a hurricane. Mayor Jones referred to item 6 and questioned the amount of $35,000. He inquired as to which portion of that is for the lifeguards and Mr. Utter stated that he did not have those figures, but he would provide them. City Manager Martin stated that this is only for two lifeguards and Mayor Jones requested that the information on this be placed in the Council's folders Friday. 11. Approving plans and specifications for Minor Improvements to the Broadway Wastewater Treatment Plant and authorizing the receipt of bids on October 16, 1984. These improvements include the replacement of the sludge suction line in two clarifiers, the replacement of approximately 1000 feet of perimeter security fence, and the installation of an effluent meter to meet Department of Water Resources requirements. 12. Change Order No. 4 to the contract with Black Brothers Construction, Inc. at the new City Warehouse be approved in the amount of $19,582 providing for the paving of a 1,934 square yard outside storage area, electrical and plumbing work for two water fountains, floor underlayment work, additional window and air conditioning ducts in the office spaces, and 70 linear feet of additional fence at the outside storage area. 13. Change Order No. 2 for $13,910.62 for General Aviation Site Improvements at the Airport be approved. This change order provides for the extension of the service road to Highway 44. The service road is being constructed along the west side of the Airport property to serve future hangar lease areas. The additional extension of approximately 200 feet and connection to Highway 44 will help relieve traffic problems in front of the Terminal Building and improve circulation along the west end of the Airport property. Federal grant assistance for 90% of the cost of this additional work is available. 14. The Middlecoff, Jackson, and Turtle Cove Parks Site Development project be accepted and final payment of $26,356.37 be authorized to E. J. Netek Construction Co. It is further recommended that the contractor be granted nutes .egular Council Meeting September 25, 1984 Page 9 a 52 day time extension because of additional work added by change order and delays in the delivery of various materials for the project. The total cost of this 1982 Neighborhood Park Bond project, which is partially funded by a matching grant from the Texas Parks and Wildlife Department, is $220,457.39. 15. Confirming the appointment of Mrs. James R. Dinn as the Lay Representative to the South Texas Library System Organization Meeting and Advisory Council, as recommended by the Chairman of the La Retama Library Board. The term will be for three years. 16. Setting a public hearing for October 2, 1984 to consider Central Power and Light Company's proposed amendment to its existing tariff schedule to provide a new rate for high pressure sodium vapor street lighting of 5,800 lumen. This hearing will be held pursuant to the City's original jurisdiction over electric rates. The tariff was requested by the City. 17. A public hearing be scheduled for October 9, 1984, on the closure request of the south one half of Glenoak Drive from Roscher Road westerly to the Cayo Del Oso and approximately 225 feet of the west half of Roscher Road south of Glenoak Drive. The request is made concurrently with the platting of Bishop Estates Unit 2 abutting these roadways and neither of the roadways are improved. Council Member Mendez referred to item 14 and inquired about the type of improvements made in Jackson Park. Mr. Utter explained that an irrigation system and landscaping were installed and a module play unit was included in the improvements. He agreed that there were more improvements in Turtle Cove and Middlecoff Parks. Council Member Slavik referred to item 11 and inquired as to the date that these improvements were to be completed and when they were started. Mr. Lontos explained that the original contract should be completed within one month; the first phase started in 1979 and the second phase in 1982; and it is almost completed at this time. Council Member Slavik inquired as to why the City did not have an effluent meter installed at this plant before, and Mr. Lontos stated that they had never had one there nor did they have them in other plants. Mayor Pro Tem Turner referred to items 12 through 14, all of which involve change orders. She stated that she is very discouraged with the proliferation of change orders because the City goes out for competitive bids on projects and some of the change orders that occur later are substantial items. She inquired as to why these were not included in the original specifications. Mr. Lontos explained that it is a question of funding on the original bid and the City staff does not know how much money will be available. Mayor Pro Tem Turner referred in particular to item 12 and inquired as to nutes .gular Council Meeting September 25, 1984 Page 10 how airconditioning ducts could have been omitted from the specifications for the office spaces. Mr. Gerald Smith, P.E., City Engineer, explained that this was a mistake on the Engineering Department's part, because they did specify an airconditioner but the ducts were omitted from the specifications. He stated however, that 90% of the cost in the change order was for the paving outside. Mayor Pro Tem Turner suggested that if the City staff cannot do enough preliminary planning to include everything in the original specifications, she felt that addendums should be added to the original specifications rather than so many change orders. Mayor Jones departed the Council Chambers at 3:14 p.m. and requested Mayor Pro Tem Turner to preside in his temporary absence. Council Member Berlanga referred again to item 11 and inquired if any of those items would increase the capacity of the Broadway Wastewater Treatment Plant, and Mr. Lontos replied that they would not. He stated that the plant can treat as much as 10 million gallons and the flow has been as much as 8 million gallons, but the with the water shortage, it is much less than that now. Council Member Mendez referred to the change order in item 13 and expressed the opinion that this is such a large change order that it should have been included in the original bid. Mayor Pro Tem Turner called for comments from the audience on the consent motions, items 1 through 17. Mr. Michael Berry stated that he would like to request that item 10 be removed from the Consent Agenda and considered separately because he had comments in regard to this item. Mayor Pro Tem Turner agreed with this request and called for a motion to approve the other items. A motion was made by Council Member Guerrero that Consent Motions, items 1 through 17, with the exception of item 10, be approved; seconded by Council Member Mendez; and passed unanimously. Mr. Michael Berry, President of DeBer, Inc., informed the Council that his company was not notified until the day before that item 10 was on the agenda today. He stated that they are not in agreement with this recommendation and he would like to request that it be delayed for one week in order for them to prepare a statement in regard to this. A motion was made by Council Member Mendez that item 10 be tabled for one week, seconded by Council Member McComb and passed unanimously. * * * * * * * * * * * * * Mayor Jones returned to the Council Chambers and called for consideration tinutes 2egular Council Meeting September 25, 1984 Page 11 of the Consent Ordinances, items 18 through 24. Mayor Jones referred to ordinance 19, authorizing a contract for Triarch Corporation for the Greenwood Senior Citizens Parking Lot Expansion, and asked for further explanation of this recommendation. City Manager Martin explained that this is a situation in which the bid was incomplete; a sheet in the proposal was not included; the engineering staff did not know what the unit prices were on four of the nine bid items; and even though the total price was there, the City staff felt that the Ortiz proposal should be disqualified. Council Member Kennedy inquired if this is not the same company that had trouble before, and City Manager Martin assured him that that was an entirely different situation. Council Member Slavik referred to the requirement for a bid bond and asked if the City could not request a bid bond from the Triarch Corporation which was the second low bidder. City Manager Martin explained that the bid bond is just to assure that the person will sign a contract, but once the contractor actually signs the contract, the bid bond is of no consequence, therefore the City recommends bid award to the Triarch Corporation. Council Member Mendez referred to Ordinance 19, pertaining to the Greenwood Senior Citizens Parking Lot Expansion, and stated that while he concurs with the recommendation that the City staff has made, in the specifications for bids, the Ortiz company has already made one mistake. He stated that he would like to have a copy of the entire specifications for the bidding process so that he can examine them to be sure that the instructions are clear. He stated that he felt sure that they were, but evidently the Ortiz Company has a problem with the instructions. City Manager Martin explained that this proposal was just a case of a simple omission of a page and when you look at the total of a project, you cannot award it without the line items because the City has to know what the unit prices will be. Mayor Jones agreed that the City Council Members should have copies of the bid specifications. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: 18. ORDINANCE NO. 18480 ANNEXING A 3.18 ACRE TRACT OUT OF LOT 22, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY INTEREST DIVERSIFICATION GROUP, INC., AND PLATTED AS POLO ESTATES; AND DECLARING AN EMERGENCY. zutes .gular Council Meeting September 25, 1984 Page 12 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". 19. ORDINANCE NO. 18481 AUTHORIZING THE EXECUTION OF A CONTRACT WITH TRIARCH CORPORATION FOR THE GREENWOOD SENIOR CITIZENS CENTER PARKING LOT EXPANSION PROJECT; APPROPRIATING $27,500; 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". 20. ORDINANCE NO. 18482 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE PURDUE ROAD STREET IMPROVEMENTS, PHASE II PROJECT; APPROPRIATING $6,250; 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". 21. FIRST READING CLOSING AND ABANDONING APPROXIMATELY 13 MILES OF UNOPENED, UNIMPROVED, DEDICATED STREET RIGHTS-OF-WAY IN THE ARTEMUS ROBERTS SUBDIVISION IN THE ANNAVILLE PORTION OF THE CITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 22. SECOND READING CLOSING AND ABANDONING THE 25 FOOT WIDE ROAD EASEMENT WITHIN LOT 7, BLOCK 1, CARROLL PLACE UNIT 7; 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, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 23. SECOND READING AMENDING CHAPTER 49 "STREETS AND SIDEWALKS" OF THE CITY CODE TO REQUIRE MONTHLY GROSS RECEIPTS REPORTS AND STREET RENTALS OF 4%. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". 4inutes <egular Council Meeting September 25, 1984 Page 13 24. SECOND READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GLENN LANMON AND DR. JAMES LIVELY FOR THE LEASE OF A PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TWENTY YEAR PERIOD. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". Mayor Jones called for consideration of Action by Motion from the Regular Agenda on the following item: 25. Authorizing the payment of $25,000 as the City's share of consultant and other related costs for the preparation of the proposal for the homeporting of the Surface Action Battle Group. Mayor Jones reviewed the events leading up to the meeting between several entities and stated that the plans are to submit a proposal to have Corpus Christi named as the homeporting of the Surface Action Battle Group. He explained that it was necessary to hire consultants to assist with this proposal which would mean so much to the City and the entire area in the future. City Manager Martin stated that four entities are involved, the City; the Port of Corpus Christi; Nueces County; and the Chamber of Commerce, and all of them will contribute a similar amount. He stated that the City's payment will be from the General Fund Reserve appropriation. Mr. Martin further stated that the consultant who was employed has experience and the Council may be asked for support and assistance. Council Member Kennedy stated that this is probably one of the outstanding, long-term, major economic possibilities for the entire City and area, but again, this City has the disadvantage of their geographical location. He expressed the opinion that the City does have a great many attributes such as ample housing and the location of the Naval Air Station in this City that might be an attraction for designation of homeporting for Corpus Christi. He stated that he felt that the City should call on all of the elected state officials from this area as well as the federal officials for their assistance. Mayor Jones agreed, stating that he felt that this City has many attributes and mentioned others such as an outstanding hospital at the Naval Air Station that is only partially utilized. Council Member Slavik inquired as to why the City did not approach the Council of Governments for funding or some of the surrounding cities and counties, since they will benefit as well. City Manager Martin explained that COG does not have any money except that which is given by cities in their area. He explained that the City did not want to waste time trying to raise money because it is urgent that the application be nutes 2gular Council Meeting September 25, 1984 Page 14 prepared and sent in since there is so much competition for designation of homeporting. He stated that some of the cities that are also bidding for this homeporting are Brownsville, Galveston/Houston, Beaumont, Pennsacola, Mobile/New Orleans, and Pascadula, Mississippi. There were no comments from the audience on this item. A motion was made by Mayor Pro Tem Turner that item 25 be approved, seconded by Council Member Mendez and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for consideration of the ordinance from the Regular Agenda, listed as number 26 and pertaining to the Wastewater Master Plan Project. City Manager Martin explained that this has been a long process; the committee recommended this company and the details have been worked out now. He stated that the contract has a number of elements and the first 90 days of the project will deal with quick improvements to increase efficiency at the Oso Plant and to address the odor problem at the Oso. He stated that following this, the engineers will go into more technical studies and examine all of the alternatives the City Council discussed some time ago. He referred to the second portion of the ordinance which authorizes the staff to receive proposals from mapping companies for planimetric maps showing one -foot contours for the area south of the Oso Creek, a portion of which is within the boundary of the Wastewater Study. He explained that the City staff feels that it is imperative to have this on a one -foot contour basis to be available when the City is working with developers in that area. He stated that it may be as much as $120,000 to $150,000 and the City staff recommends approval of both of these items. Mayor Pro Tem Turner questioned some items in the contract with Brown & Caldwell -Freese & Nichols, Inc. and inquired if it is typical to hire a consulting firm on a salaried basis. City Manager Martin explained that this contract is based on the basic services that the staff has stated in the proposal and there may be other services that the City wishes to assign, and if that occurs, they will be on salaries with equipment, office, etc. Mayor Pro Tem Turner inquired if the City would provide that office space and Mr. Lantos explained that if they can work from a City Hall office space that is vacant, that space will be provided them, but the City does not intend to provide space in another location. City Manager Martin stated that this is not unusual because it is the normal procedure. Mayor Pro Tem Turner continued by stating that this is an extremely important project and she felt that it is imperative that they do it properly. She suggested that the City Council should authorize the staff to go back to the consulting firm to obtain prices for those extra services mentioned in the contract. 'mutes ..egular Council Meeting September 25, 1984 Page 15 Mr. Lontos explained that the City first asked for proposals, which they submitted, and in the proposal they submitted they stated how they intend to perform each task in this particular contract. He stated that they made that proposal a part of the contract because it states each task that they will perform in detail, and if they make recommendations for corrections of some situations, this can be presented to the City Council for approval of corrections to resolve things such as the odor at the Oso. Mayor Pro Tem Turner continued to express concern that the extra services are not listed in the contract, such as plans for correction of the odor problem at the Oso Plant, and she felt that they should be included, as well as the price. Council Member Kennedy urged that the staff make the consultants aware that this City Council is very concerned about the odor problem at the Oso and that it is a very important part of the contract. Mr. Lontos explained that he felt that the staff would be in a better position to recommend improvements after the consultants have identified the odors, the cause of the odors, and make recommendations as to how the odors can be corrected. He stated that at that time a price for this can be obtained, because he felt that it would be very difficult for them to provide a price before they make a preliminary survey. Council Member McComb referred to another concern, stating that there is a study being conducted on the advice of the Ad Hoc Commission and one of the things they are examining is reclaiming the effluent for use for industrial plants. He suggested that coordination be established between the two firms making those studies, and City Manager Martin explained that the other studies will be completed on October 29, 1984 and will be available for Brown & Caldwell -Freese & Nichols to examine. Further discussion followed as to exactly what the scope of this project was to include and Mayor Pro Tem Turner stated that she felt that the committee had some questions about this contract. Council Member Guerrero summarized by stating that he understood that the first thing this engineering firm was to do was to either recommend limiting the growth of the Oso Plant or recommend the construction of another plant. He stated that he felt that the odor should be addressed also, but that was the intent of the original request of the City Council. The Council indicated their concurrence with that identification of the scope. City Secretary Read polled the Council for their vote and the following ordinance was passed: 26. ORDINANCE NO. 18483 AUTHORIZING THE EXECUTION OF A CONTRACT WITH BROWN & CALDWELL-FREESE & NICHOLS, INC. FOR THE DEVELOPMENT OF A WASTEWATER MASTER PLAN FOR THE OSO AND A PORTION OF THE WESTSIDE SERVICE AREA, AS WELL AS AN AREA SOUTH OF OSO CREEK; APPROPRIATING $260,000; AND DECLARING AN EMERGENCY. 'nutes agular Council Meeting September 25, 1984 Page 16 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye". * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following annexation: 27. ANNEXATION - 488.11 acre tract of land comprising portions of Lots 20-23, 26-32, all of Lots 24 and 25, Section 10, portions of Lots 1, 4-7, 16-20, all of Lots 2, 3, 8 through 15, fractional Section 9, a portion of Lot 1, fractional Section 8, Flour Bluff and Encinal Farm and Garden Tracts, generally located between Yorktown Boulevard and the Oso Creek and South Staples Street and Cimarron Boulevard. Mr. Larry Wenger, Director of Planning, displayed a transparency showing the location of the area to be annexed. Mr. Wenger explained that the subdivision contains a golf course of 263 acres; there will be 490 lots in the subdivision; and the name of the subdivision is King's Crossing Unit 1, to be developed by Corpus Christi Land Venture Associates, one of whom is Mr. Henry Tucker. He displayed a large map showing the area as well. Mayor Pro Tem Turner inquired if the Oso Park blends well with this plan, and Mr. Wenger replied that it does. He pointed out the wetlands on which structures of any kind cannot be built and pointed out the area to be developed as a golf course. He located the park dedication which will be made to serve the north portion and stated that a second park dedication will be made and it too will not include any of the wetlands, noting that this park dedication will have to be changed so that there will be no wetlands in the dedication. Deputy City Manager Ernest Briones inquired if the land had been surveyed by the General Land Office, and Mr. Wenger replied in the affirmative and stated that the final plat is somewhat different from that shown on the large map. No one spoke in opposition to this annexation. A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Kennedy and passed unanimously by those present and voting. City Secretary Read polled the Council for their votes on the first reading of the ordinance authorizing the contract and it passed as follows: 27. FIRST READING AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI LAND VENTURE ASSOCIATES FOR THE ANNEXATION OF APPROXIMATELY 488.11 ACRES OF LAND BEING A PORTION OUT OF LOTS 20 THRU 23, 26 THRU 32 AND ALL OF LOTS 24 AND 25, SECTION 10, PORTIONS OUT OF LOTS 1, 4 THRU 7, 16 THRU 20, ALL OF LOTS 2, 3, 8 THRU 15, FRACTIONAL SECTION 9, A PORTION OF LOT 1, FRACTIONAL SECTION 8, AND LOTS 25 THRU 32, SECTION 6, FLOUR inutes Regular Council Meeting September 25, 1984 Page 17 BLUFF AND ENCINAL FARM AND GARDEN KING'S CROSSING UNIT I; FINDING EXTRATERRITORIAL JURISDICTION OF CONTIGUOUS, AND ADJACENT THERETO; The foregoing ordinance was read reading by the following vote: McComb, Mendez, and Slavik voting taken. TRACTS, NUECES COUNTY, TEXAS, BEING PLATTED AS ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, PROVIDING FOR SEVERABILITY. for the first time and passed to its second Jones, Berlanga, Brown, Guerrero, Kennedy, "aye"; Turner absent at the time the vote was * * * * * * * * * * * * * 28. Application No. 884-9 Country Meadows Limited: For a change of zoning from "R -1B" One -family Dwelling District and "I-2" Light Industrial District to "T -1B" Mobile Home Park District, being 2.95± acres out of the Thomas Gallagher 400 acre Survey No. 402, Abstract No. 988, Nueces County Texas, located on the east side of Clarkwood South Road, approximately 200' north of the intersection of County Road 36. Assistant City Manager Tom Utter stated that this is associated with the following application and they had to be treated as two separate applications because this one is inside the city limits and the following one is outside the city limits. 29. Application No. 884-9T Country Meadows Limited: Text Amendment to the Zoning Ordinance to amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.73 setting forth a classification of "T -1B" Mobile Home Park District on a described tract of land when annexed to the City of Corpus Christi, Texas, being 4.49± acres out of the Thomas Gallagher 400 acre Survey No. 402, Abstract No. 988, located approximately 600 feet east of Clarkwood South Road and 250 feet north of the intersection of County Road 36. Mr. Utter informed the Council that in response to the five letters sent on the first application, two in favor and none in opposition had been returned. He stated that in response to the three notices of the public hearing mailed in connection with Application No. 884-9T, none in favor were returned and one in opposition was returned. He stated that both the Planning Commission and Planning Staff recommend approval of both applications. 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, noting that the applicant plans to enlarge his mobile home park in both requests and this is appropriate zoning for this area. No one spoke in opposition to either of the requests. A motion was made by Council Member Kennedy that the public Application No. 884-9 be closed, seconded by Council Member Mendez unanimously. hearing on and passed linutes Regular Council Meeting September 25, 1984 Page 18 A motion was made by Council Member Kennedy that the public hearing on Application No. 884-9T be closed, seconded by Council Member Mendez and passed unanimously. City Secretary Read polled the Council for their vote on Ordinance 28 and the following was passed: 28. ORDINANCE NO. 18484 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF COUNTRY MEADOWS LIMITED BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF THOMAS GALLAGHER 400 ACRE SURVEY NO. 402, ABSTRACT NO. 988, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "I-2" LIGHT INDUSTRIAL DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, and Mendez voting "aye"; Turner and Slavik absent at the time the vote was taken. City Secretary Read then polled the Council for their vote on the ordinance effecting the zoning change for Application No. 884-9T and the following ordinance was passed: 29. ORDINANCE NO. 18485 AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION 31-5.73, SETTING FORTH ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF THOMAS GALLAGHER 400 ACRE SURVEY NO. 402, ABSTRACT NO. 988, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner absent at the time the vote was taken. * * * * * * * * * * * * * 30. Application No. 884-11 Nueces News Agency, Inc.: For a change of zoning from "B-4" General Business District to "I-2" Light Industrial District being a 1.842± acre area out of Lot 1, Block 1, St. Clair Industrial Park, located on the west side of N. Padre Island Drive, approximately 500' north of Bear Lane. Mr. Utter informed the Council that in response the notice of the public hearing, one in favor and none in opposition had been returned and that both the Planning Commission and Planning staff recommend approval. 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 stated that the applicant plans the construction of an office and warehouse complex. No one spoke in opposition to this request. inutes Regular Council Meeting September 25, 1984 Page 19 A motion was made by Council Member McComb that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. Mayor Jones interjected an inquiry about the requirement for the removal of the signs notifying residents in the area that a certain piece of property is to be considered for rezoning. Mr. Wenger explained that the ordinance requires that the signs be erected 15 days prior to the hearing before the Planning Commission and remain in place until final action has been taken by the City Council. He stated that following this, it is the property owners' responsibility to remove the signs. City Secretary Read polled the Council for their vote on the ordinance effecting the zoning change and it passed as follows: 30. ORDINANCE NO. 18486 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF NUECES NEWS AGENCY, INC. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 1, BLOCK 1, ST. CLAIR INDUSTRIAL PARK, FROM "B-4" GENERAL BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner absent at the time the vote was taken. * * * * * * * * * * * * * 31. Application No. 884-14 Mantex Enterprises: For a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot A, South Staples Center, located on the northeast corner of S. Staples Street and Everhart Road. Assistant City Manager Utter informed the Council that there was no response to the eight notices of the public hearing and that both the Planning Commission and Planning staff recommend approval. 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. No one spoke in opposition to this zoning application. A motion was made by Council Member McComb 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: 31. ORDINANCE NO. 18487 AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MANTEX ENTERPRISES, BY CHANGING THE ZONING MAP IN REFERENCE TO LOT A, SOUTH STAPLES CENTER, FROM "B-1" '.notes ..egular Council Meeting September 25, 1984 Page 20 NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez, and Slavik voting "aye"; Turner absent at the time the vote was taken. * * * * * * * * * * * * * 32. Application No. 884-8 Mr. Nathan Friedman: For a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 17, Block 14, Lawndale Subdivision, located on the northwest corner of S. Staples and Blevins Street. Mr. Utter informed the Council that in response to the 16 notices of the public hearing, 13 were returned in favor and none in opposition. He stated that both the Planning Commission and Planning Staff recommend denial of this request because it represents an intrusion into an established residential area. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the vicinity, and stated that the owner plans the establishment of a professional office building at this location. He stated that the Staff is in opposition to the request because this is an established, residential area and in their opinion, a domino effect for similar requests from the block along Staples Street if this application is approved. Council Member Brown inquired if it is not unusual for the Planning Commission and Planning Staff to recommend denial when there is no opposition from the residents of the area. Mayor Jones invited the applicant or his representative to speak at this time. Mr. Nathan Friedman, 28 Lakeshore Drive, owner of the subject property, stated that the house on the property was constructed in 1941; it is zoned "R -1B"; and he wants to develop the property, which is rather run-down, for professional office use. He stated that four years ago he had purchased the property directly across the street; it was zoned "AB"; and is now the office of Mr. Alan Doty, Realtor. He reminded the City Council Members that none of the property owners are opposed to this zoning change and he feels that "AB" zoning would be the best and highest use. Council Member Kennedy inquired as to what percentage of houses are owner -occupied as opposed to rental houses. He stated that he sees no efforts being made to improve that area. Mr. Friedman stated that the rent houses in that area do not earn enough money for the owners to make the necessary repairs. He pointed out that the single family dwellings are only on the west side of the street and they face inutes degular Council Meeting September 25, 1984 Page 21 the side streets. He stated that two people, accountant, are interested in offices on this and are are Mr. Wenger referred to the question asked stated that he had checked the responses 14 who actually live in those residences, rental units. an attorney and a certified public tract of land. by Council Member Kennedy earlier and out of the 16 notices, there or in other words, two of the 16 Council Member Guerrero inquired of Mr. Wenger if he has had an opportunity to look at the site plan. He expressed the opinion that this would improve a blighted area and he would vote in favor of the change in zoning. Mayor Jones stated that he did not think the zoning because he felt that this is typical block -busting and the and Planning Staff made a thorough study and recommended eliminate the possibility of a domino effect. should be approved Planning Commission denial in order to Speaking in favor of the application was Mr. Alan Doty who stated that he owns and operates the real estate company on the corner across the street and has been there for four years. He expressed the opinion that this is a good location for professional offices and referred to the median device in the center of the street, stating that it has worked very nicely to his advantage because automobiles entering his property have protection from the traffic on the rest of the street and this same situation would exist on the property under consideration. He stated that he felt that this is a reasonable request and it provides more ingress and egress and parking than most tracts of land. He, too, referred to the fact that all of the property owners had expressed approval of this change of zoning on two occasions. He expressed the opinion that this is an opportunity to improve this area and it actually involves an evolution of a city. He referred to the staff's concerns about the domino effect and expressed the opinion that this has already occurred on this street. No one else spoke in regard to this zoning application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. A motion was made by Council Member Guerrero that the requested zoning of "AB" be granted for Application No. 884-8. The motion was seconded by Council Member Berlanga and passed by the following vote: Turner, Berlanga, Brown, Guerrero, Kennedy, and Mendez voting "aye"; Jones, McComb, and Slavik voting "no." Mr. Wenger stated that the ordinance effecting the zoning change will be on the agenda next week. * * * * * * * * * * * * * Mayor Jones called for the City Manager's Report and other items. City Manager Martin stated that he had nothing to report at this time and suggested they discuss the matter previously presented by Council Member Guerrero. 'inutes regular Council Meeting September 25, 1984 Page 22 Council Member Guerrero stated that on April 26, 1984, he had submitted a concern of a citizen from the Kostoryz/Sokol area in regard to the crossing at that particular intersection. He stated that there is a lot of traffic moving that way from other intersections; an elementary school is located there; the traffic department determined that the need qualified the intersection for signalization; and there was a problem with implementation in that it was estimated that it could not be installed for one year. He explained that there was a near accident at that intersection very recently and that at that time he was told that it would still be approximately 8 months before the signal could be installed. He stated that he felt that it should be installed within the next 30 days. Mayor Jones stated that he would like to see all of the needed traffic lights installed within 30 days, but he felt that it was wrong to dictate to the staff that a particular corner should have priority over others in the schedule because this would not be fair to other areas. Council Member Guerrero referred to his motion which he made earlier in the meeting that a traffic signal light be installed at the intersection of Kostoryz and Sokol within 30 days and the motion was seconded by Council Member Berlanga. Council Member Brown suggested that since traffic has increased in that area, perhaps that corner is more dangerous than others now. City Manager Martin explained that in 1982 the City Council authorized a bond sale which included signalization to be implemented in four years and most of those intersections were already approved for traffic signals. He stated that it is just a matter of scheduling them and they are scheduled on the highest priority basis. He stated that this is one of the intersections in the bond program; they just completed the one at Holly and Kostoryz; but it is impossible for the City to install signal lights within 30 days because they have to be ordered and this usually requires about six months for delivery. He assured the Council that all of the intersections in the program have been justified for traffic signals. Council Member Guerrero stated that the Mayor is correct in his statement, but the Council Members are responsible to the citizens as these occasions arise and they know the need when it is there. He expressed the opinion that the traffic light should be installed as soon as possible. Council Member Kennedy inquired if the priorities are firmly established or if they can be upgraded to meet a certain need. City Manager Martin stated that they are updated and gave as an example the area in Tuloso-Midway which became a high priority when a school was constructed there. He stated that the City changed their priority at that time to install a light there. Council Member Kennedy then inquired if the Traffic Advisory Board becomes involved in the recommendation for signalization. Minutes .tegular Council Meeting September 25, 1984 Page 23 Mr. David Seiler, Director of Traffic Engineering, stated that they do not become involved because the need is based on traffic reports. He stated that they must first see if the intersection meets the minimum warrants as established. Mr. Seiler continued by stating that his staff is preparing specifications for the light at this time and if they go out for bids, the equipment will probably be received in approximately four months, and once the equipment arrives, it will probably be for one of the five or six intersections with the top priorities. City Manager Martin noted that there is one alternative in that it is possible to use some of the old signal equipment for a temporary solution and that equipment could be removed when the new equipment arrives. Council Member Berlanga inquired if the traffic count warrants a traffic light or if accidents are considered and Mr. Seiler replied that it is based on the accidents that could be correctable by the installation of a signal light. He stated that this particular location does not have the high accident potential that could be corrected by the installation of a traffic light that you see in other intersections. Council Member Guerrero pointed out that the accident experience has increased at this location and he feels that if an old signal light can be located, it should be refurbished for installation. Mr. Seiler pointed out that there is a 15 mile per hour school zone at this location with crossing guards. Council Member McComb confirmed this, stating that he drives by this intersection every day and there is a crossing guard and also a motorcycle police officer on duty there. He suggested that a four-way stop sign be installed until the signal lights arrive according to the usual bidding procedure which might provide a temporary solution. Mayor Jones pointed out that if the City responded to every request for stop signs and traffic lights, there would be one on every corner. Council Member McComb stated that there are other intersections that are higher priority and he felt that the Council should continue with the program as has been established. Council Member Guerrero stated that he would like to amend his motion to locate an old signal light, rewire it, and install it at the Sokol/Kostoryz intersection until the new signal equipment has been received and that this signal light be installed within the next 30 to 45 days. The amended motion was seconded by Council Member Berlanga. Mayor Jones expressed the opinion that this is the wrong action because the Council is making a major traffic decision here and suggesting that this light be installed over some other intersection that might have a greater need. He expressed the opinion that Council Member Guerrero wanted this done because some constituent wrote him a letter to request this. Council Member Guerrero stated that he is responsible for his constituents. inutes _regular Council Meeting September 25, 1984 Page 24 Council Member Slavik inquired about the cost of the temporary signal light, and Mr. Seiler stated that it would be about $10,000. City Manager Martin stated that the staff agrees that the signalization is needed at this intersection; specifications are being prepared at this time; and the staff anticipates that it will be accomplished before next May. Mayor Jones called for the vote on the motion to install the temporary equipment until the new equipment arrives and the following vote was taken: Berlanga, Brown, Guerrero, and Mendez voting "aye"; Jones, Turner, McComb, and Slavik voting "no"; Kennedy absent at the time the vote was taken. vote. Council Member Mendez stated that the motion failed to pass by a majority * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Marie Spear, editor and publisher of the Island Sun and the Flour Bluff Sun, stated that she was present in regard to an Island Museum to house the Spanish artifacts. She stated that they felt that these artifacts should be located near Padre Island because that is where they belong. She expressed the opinion that many people would visit a museum to see the artifacts because that is where so many visitors go on their way to Padre Island to the beaches. She stated that she is a member of the Tourist Task Force for Corpus Christi '90 and they are considering the need for an arena and a new exposition hall because people are realizing that this City has a great asset in tourism and that the beaches are quite an asset to that industry. She reviewed the events connected with the Spanish artifacts and provided history of the events leading up to the removal of the artifacts to the City of Corpus Christi. She stated that there are enough artifacts available for two museums. She then referred to a sketch of the plans that have been prepared for the museum which had been presented to Mayor Jones and asked that he provide the Council Members with copies of those plans. She stated that they would like to have a tourist information center located in the same building and provided figures on the increase in visitors to Padre Island. Mr. Bill Lukins, Superintendent of Padre Island National Seashore, stated that he is a member of the committee referred to by Mrs. Spear. He stated that they had prepared a feasibility study on a museum and the report was very favorable that it should be located on the National Seashore. He explained that bills had been introduced in the legislature but they did not pass and stated that it is probably not possible to build a museum on the National Seashore because it is in a flood plain. He stated that the Flour Bluff location would take special legislation because it is outside the National Seashore, but they are attempting to help this committee by supporting their efforts. Council Member Kennedy inquired if a site had been selected, and Mr. Lukin stated that he did not think a definite site had been established. inutes degular Council Meeting September 25, 1984 Page 25 City Manager Martin noted that Mr. Lukin had indicated that if land were available, there might be federal funds available, and Mr. Lukin explained that they would have to apply for such funding and it would help if the National Seashore owned appropriate land for the museum. Also speaking in favor of this museum was Mrs. Jenny Rawalt who stated she is speaking on behalf of Mr. Ray Rawalt who had quite a collection of artifacts and he wanted them to be located on the island or in Flour Bluff. She assured the Council that they are not requesting money from the City, but only their support because they feel that it will be a self-sustaining museum. Mr. Ken Clayborn, Superintendent of schools for the Flour Bluff ISD, stated that they are interested in this museum because it would improve their area and would be an asset to the school system. He also expressed the opinion that the artifacts would be appropriate near the water area. He stated that a resolution from the City Council approving such a museum would enable them to apply for grants for funding. Mr. Bill Harrison, State Representative for District 36, stated that he was representing the people of Flour Bluff and he, too, endorses this concept. He stated that this is a difficult project because it seems to be in competition with Corpus Christi Museum, but he felt that it is appropriate for the Flour Bluff area and it would enhance tourism for the entire City. He suggested that there might be a possibility of establishing this through some private funding, but they need some indication from the City Council that they do endorse the museum location in Flour Bluff so that grant applications can be submitted. He summarized by asking for passage of a resolution indicating the Council's support. Council Member Kennedy stated that this is the first time that he has heard of the possibility of private funding for the museum and stated that he would support this concept and recommend allowing a certain amount of time for investigation and that the Museum Advisory Board be informed of this so that they can consider it. Mr. Harrison stated that he did not know much about the possibility of partial private funding but the City, through the Museum Advisory Board and the Corpus Christi Museum, has not been able to do anything and he felt that the State might inform them that if the City does not do anything to house the artifacts properly, they will have to be returned. Council Member Kennedy inquired about the estimated time period that they felt would be necessary, and Mrs. Spear stated that she felt that six months would be a good time period. Council Member Kennedy suggested that possibly they could ask for a report in 90 days. Mr. Harrison stated that hopefully he will be back in Austin in the Legislature and possibly by March of 1985 he might be able to come up with some ideas. [inutes Regular Council Meeting September 25, 1984 Page 26 Mayor Pro Tem Turner stated that she is very much interested in this project because Flour Bluff is the roadway to Padre Island and would be appropriate for the artifacts. She stated that the question before them is how does the Council feel about having the museum located there, where the site will be, and how the funds will be raised. State Representative Harrison stated that the State is considering becoming involved in the tourism industry and this might be a possibility for funding. Council Member McComb stated that he did not recall the contents of the agreement between the City and the State in regard to the artifacts, and City Manager Martin stated that the commitment is that the City will house them, curate them and display them in an appropriate fashion and that they be secure. He stated that the location of such a museum is of no concern to the State. Council Member McComb stated that although he is not an attorney, the fact that the City has been charged with doing this might preclude the private venture type of funding, but he felt that there is a need to know the exact location before fund raising begins. Mayor Jones noted that $1,299,000 was the estimate for the construction of the building. Council Member McComb stated that if the Council passes the resolution supporting, he felt that they needed more specifics. Mr. Harrison stated that he did not think private/public funding could be ruled out because it would be a government building and they are certainly not trying to compete with the Corpus Christi Museum. He reiterated that they just need the Council's endorsement. Mayor Jones suggested that this should be an agenda item for discussion, and Council Member McComb stated that he would like to suggest that this be an agenda item and that the Flour Bluff group be requested to provide a sample resolution to be worked out with City Manager Martin to be presented to the Museum Advisory Board before the Council considers it. A motion was made by Council Member Slavik that this be an agenda item on November 1, 1984, seconded by Council Member McComb and passed by the following vote: Jones, Berlanga, Brown, Kennedy, Mendez, and Slavik voting "aye"; Turner, Guerrero, and McComb absent at the time the vote was taken. Others speaking in favor of the Flour Bluff location were the following: Mr. Glen Johnson, President of the Flour Bluff ISD Board and Mrs. Donna Shirley, 3636 Flour Bluff Drive, representing the Flour Bluff Civic League. She referred to the motion just adopted and suggested that the Council not wait until November 1, 1984. She stated that they already have plans for security and display of the artifacts. Mayor Jones pointed out that they cannot approve this today and suggested that the group present the Council with a proposed resolution and the Council inutes Regular Council Meeting September 25, 1984 Page 27 can consider passage. Mrs. Shirley stated that she can have this ready next Tuesday. Speaking in regard to another matter was Mr. Marty Berry, representing Bay, Inc. He stated that he was speaking in regard to a purchasing item bid invitation for street construction materials. He stated that the specifications had indicated that the source would be Uvalde White Mines, which is the only source for the type of material to be purchased for the Street Division. He explained that the previous year, they were not opposed to a limited specification for the rock because there was another source, called the Azrock Company, but since last year, Uvalde White Mines has purchased that company and they are now the only source of the specified material. He stated that the Street Superintendent, Mr. Mitchell, informed him that White Mines is the only material that would be satisfactory, but Mr. Berry contends that he uses another blend and has successfully sold his product to many other cities and counties. He explained to the Council that this is not a small item but is a large item costing approximately $1 million. He questioned why the City of Corpus Christi is allowed to use specifications that eliminate all competitive bidders and stated that his company, Bay, Inc., are a local supplier and employ local people. He referred to the specifications for the Street Division materials and noted that they totally eliminate competition. Mayor Jones stated that he would like to have something in writing in regard to this matter, and Mr. Berry presented variances for the Council to examine. Mayor Jones requested the City Manager to provide the Council with a report on this subject. Mayor Pro Tem Turner inquired about the date that the City goes out for bids for this product, and Mr. Lontos stated that they will go out for bids on October 10, 1984. Mr. Berry inquired as to what he can expect from the City Manager's report in regard to the product to be bid, and Mayor Jones assured him that he would be informed of the City Manager's reply. Council Member Mendez stated that they will discuss this before bids are received. Mr. Scott Johnson, 782 Ashland, referred to the water shortage problem and the allocation requirements for each residence. He noted that those who exceed their limitation will be penalized and suggested that those who are well below their allocation be rewarded with a discount on their utility bill. Mayor Pro Tem Turner stated that that was a terrific idea but it would be difficult to devise a system to do this. There being no further business to come before the Council, on motion by Council Member Mendez, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 6:30 p.m., September 25, 1984. DZ/tb