HomeMy WebLinkAboutMinutes City Council - 11/09/1983MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 9, 1983
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr. City Manager Edward A. Martin
Leo Guerrero City Attorney J. Bruce Aycock
* Dr. Charles W. Kennedy City Secretary Bill G. Read
Joe McComb
Frank Mendez
Mary Pat Slavik
ABSENT:
Council Member Herbert Hawkins, Jr.
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Dr. Dan E. Solomon of First United Methodist
Church, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member Joe McComb.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Pro Tem Turner introduced Mrs. Vickie Rule, a teacher at Tom Browne
Jr. High School, Mr. Clay Rodriguez, also a teacher and four Student Council
Officers from that school.
Mrs. Rule addressed the Council and explained that the four students had
attended a two-day convention in Austin.
The President of the Student Council made a few remarks in regard to the
two-day convention and explained the activities of the seminar they had
attended.
SEP 191994
AMIGRUFILMED
tes
„�,ular Council Meeting
November 9, 1983
Page 2
Mayor Jones called for consideration of the Minutes of the Regular Council
Meeting of November 2, 1983.
Council Member David Berlanga pointed out that a long discussion had been
conducted on traffic pattern for the Corpus Christi Beach area and inquired as
to why that discussion was not included in the Minutes.
City Secretary Read explained that the discussion was conducted during the
Workshop Meeting; no official Minutes are taken of the Workshop Meeting; and
explained that several years ago, the City Council determined that it was not a
good idea to prepare Minutes of the Workshop Meeting since the Workshop is
basically for discussion and no official action is taken, and if Minutes were
taken, it could be misunderstood by some as reflecting official action by the
Council.
A motion was made by Council Member Frank Mendez that the Minutes of the
Regular Council Meeting of November 9, 1983 be approved, seconded by Council
Member Berlanga and passed unanimously.
Mayor Jones announced bid openings on the following engineering projects:
1. Spohn Hospital Area Street Improvements, Phase II, which provides for
the widening of Elizabeth Street from Ocean Drive to Santa Fe and the
repair of sidewalks and driveways from Santa Fe to South Staples.
Council Member Berlanga noted that the widening is to extend from Ocean
Drive to Santa Fe and stated that he understood that during their earlier
discussion, they had decided to widen it only to Third Street. He stated that
he had made such a motion and Council Member Guerrero had seconded it.
Assistant City Manager James K. Lontos stated that he was not aware of that
event and it was not his understanding that the Council had made such a motion.
He then opened bids on this project from the following companies: Claude
Chapman Construction Company; DeBer, Inc.; Howell Constructors, Inc.; and
Maverick Construction Company.
2. Access road overlay project at the Airport. This project provides for
repairing and overlaying the access roads at the Airport from Highway
44 to the loop around the main parking lot. Funds for this project
are included in the 9th Year CDBG program, supplemental appropriation.
Mr. Lontos opened bids on this project from the following firms: Claude
Chapman Construction Company; Defier, Inc.; Heldenfels Brothers, Inc.; Howell
Constructors, Inc.; and South Texas Construction Company.
tes
l...yular Council Meeting
November 9, 1983
Page 3
3. Naval Air Station Drive landscaping. This project is included in the
8th Year CDBG and provides for planting and irrigation improvements at
several large islands on NAS Drive and at the entrance of the Naval
Air Station.
Assistant City Manager Lontos opened bids on this project from the
following firms: Bay, Inc. Mr. Lontos informed the Council that the proposal
was signed but the first page was not properly completed. Other firms
submitting bids on this project were as follows: Curries, Inc.; The Landscape
Company; R.T.S. Construction, Inc.; Green Grass, Inc.; Twig & Turf Landscaping
Company; South Texas Landscape Company; and JCO, Inc.
* Council Member Charles Kennedy, Jr. arrived at the meeting at 2:30 p.m.
Council Member Berlanga again asked about the limits on the improvements
for Elizabeth Street.
Mr. Lontos explained that this is Phase 2 of the Spohn Hospital Area Street
Improvements and it is for the improvement of Elizabeth Street from Ocean Drive
to Santa Fe with repairs of the sidewalks, driveways and overlay to be completed
on the street from Santa Fe to Staples Street.
In reply to Mr. Berlanga's inquiry about the beginning of construction,
Mr. Lontos stated that a work order will be issued following the completion of
the hearing on assessments.
Mr. Berlanga stated that he had received a number of complaints about the
poor drainage during construction and he wondered if something could be done
during the construction phase to alleviate this.
Mr. Lontos assured him that he would be glad to investigate the complaints
if Mr. Berlanga would provide him with the names of those who had registered
them in order for him to know where the problem exists.
Mayor Jones expressed appreciation to the companies that had submitted bids
on the projects 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 items:
1. The general implementation package for the water capital improvement
program be approved and the staff be directed to implement it in
accordance with the schedule contained in the staff memo of November
4, 1983.
rtes
.pular Council Meeting
November 9, 1983
Page 4
2. The City Manager's recommendation on reorganization of the personnel
function to strengthen affirmative action, professional and minority
recruitment and career development and to centralize recruitment and
selection activities be approved.
3. The following be appointed as the City's representatives to the Nueces
County Community Action Agency Board of Directors:
Mr. David Berlanga
Mr. Leo Guerrero
Mr. Lamont Taylor representing Mr. Herbert Hawkins
Ms. Sandra Gonzalez representing Mrs. Betty Turner
Mr. Frank Mendez
A motion was made by Mayor Pro Tem Turner that the foregoing actions be
confirmed, seconded by Council Member Berlanga and passed unanimously.
Mayor Jones called for Consideration of Consent Motions on the following
items:
1. Bids be received December 6, 1983 for a pull type portable asphalt
spreader. This equipment is used by the Street Division to spread asphalt
in overlaying of streets. Estimated expenditure $7,550.
2. Bids be received December 13, 1983 for 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 HFRS-S emulsion asphalt. This material is used by the
Street Division in the seal coat program. Estimated annual expenditure
$85,000.
3. Bids be received December 13, 1983 for a twelve month service contract with
option to extend for two (2) additional twelve month periods at the same
terms and conditions, subject to the approval of the supplier and the City
Manager or his designee, for maintenance of City conveyance equipment.
Maintenance service will be utilized by City Hall, La Retama and Parkdale
Libraries, Aviation, Police and Health Departments, Convention Center and
Maintenance Services. Estimated annual expenditure $48,000.
4. Twelve month supply agreement for steel line pipe for the Gas Division be
approved based on low bid for Items 1.1 and 2.1, and low bid meeting
specifications for Items 1.2 through 1.10. The low bidder for 1.1 through
1.10 did not include coating and wrapping of the pipe as specified.
Consolidated Pipe & Supply, Houston, Texas:
1.1, 1" Coated and wrapped $ 32,744
Sub Total - $ 32,744
tes
r—rular Council Meeting
November 9, 1983
Page 5
4. (Cont'd)
L. B. Foster, Houston, Texas:
1.2, 2" Coated and wrapped
1.3, 4" ,
1.4, 6" 11 11
1.5, 8" "
1.10, 16"
Sub Total -
Alloys Marketing Corp., Manvel, Texas:
1.6, 10" .219 Coated and wrapped
1.7, 10" .250 "
Sub Total -
Texas Pipe & Supply, Corpus Christi, Texas:
1.8, 12" Coated & Wrapped
1.9, 14" " " "
Sub Total -
Joy Pipe, Inc., Uvalde, Texas:
$ 46,400
21,400
62,600
46,900
23,180
$200,480
$ 33,000
14,340
$ 47,340
$ 17,380
19,900
$ 37,280
2.1, 14" Bare Pipe $ 58,140
Sub Total - $ 58,140
Estimated annual total: $375,984
Price comparison reflects an average 14% decrease since last contract,
August, 1962. Eighteen bid invitations were issued and eight bids were
received.
5. A twelve month supply agreement for liquid chlorine in one -ton cylinders
for water and wastewater treating be approved to Acetylene Oxygen Company,
Corpus Christi, for the estimated total of $139,440 on the basis of low
bid.
6. Purchase of trucks for Street Division be approved as follows:
a. Tradewinds Ford Sales, Corpus Christi
Bid Item 1 - 1 Ton Pickup
Total: $8,324.00
Net, FOB Destination
;tes
:iular Council Meeting
November 9, 1983
Page 6
6.
(Cont'd)
b. Bill Gardner
Pontiac -GMC, Corpus Christi
Bid Item 2
Bid Item 3
- 10,000 GVWR, 60"
with dump body
- 10,000 GVWR, 84"
Cab & Chassis
Total: $28,960.00
Net, FOB Destination
TOTAL: $37,284.00
C.A.
C.A.
$16,235.00
$12,725.00
Trucks are to be used by the Street Division's new patching crew.
7. Granting the Motion of Nueces Electric Cooperative, Inc. to dismiss its
application for authority to change rates and directing the City Attorney
to respond to NEC's motion to dismiss by re -urging the Public Utility
Commission to initiate a dual certification proceeding.
Council Member Mendez inquired if the City Manager had anything to add to
this particular item.
City Manager Martin stated that the Staff feels that they should agree to
dismiss the request for rate increase. He noted that one of the issues that was
raised during the public hearing was dual certification for electric service by
CP&L as well as Nueces Electric Co -Op. He stated that the Staff wants to keep
that part alive so that they can pursue the effort to obtain dual certification
for CP&L to serve Wood River.
8. Authorizing settlement with claimants in a claim arising out of an auto
accident at Doddridge and Santa Fe on October 30, 1983, in an amount not to
exceed $20.000.
9. Authorizing payment of liability claim number 7900130 in the amount of
$10,000.
10. Cities Service Oil and Gas Corporation be granted a permit to drill a
fourth well in Mustang Island State Park Tract 2. The surface location
will be 1,825 ft. in a westerly direction from Park Road 53 and 7,200 ft.
in a southerly direction from the Fish Pass. The well will be
directionally drilled in a westerly direction to a depth of 8,840 ft. The
Land Drilling Ordinance prohibits drilling within 175 ft. of a public park
unless this requirement is waived by the City Council. City Code Section
35-186 authorizes the Council to waive any Land Drilling Ordinance
requirement if the public health, safety, and welfare are protected. The
State has leased the minerals to Cities Service Oil and Gas Corporation and
the Texas Parks and Wildlife Department has approved the drill site. No
other exceptions to the Land Drilling Ordinance are requested.
tes
n..,jular Council Meeting
November 9, 1983
Page 7
11. Approving a request for free curbside parking in certain areas of downtown
during the period of December 12, 1983 to January 3, 1984.
Council Member McComb inquired if the City purchases the hoods for
placement on the parking meters when free parking is authorized, and City
Manager Martin stated that the City purchases the hood for the meters but the
fee is very nominal.
12. An agreement with Del Mar College to employ eligible students in the
student work-study program be renewed for 1983-84. Students will be
employed in various departments from 12 to 15 hours per week and assigned
to areas compatible with their academic goals. The City cost will be 20%
of the minimum wage ($3.35) for each hour worked. The number of students
at City work sites has increased from an average of 8 per semester in 1982
to a current high of 23 students.
Mayor Jones informed the Council that the young lady who is working
part-time in the Mayor's Office is one of the Del Mar students participating in
this Work Study Program. He inquired about the amount of money that the City
pays for these employees.
City Manager Martin explained that the cost is only $6,000 or $7,000 and
the City's share is 20% of the minimum wage of $3.35 an hour for the students.
He explained that they are usually involved in clerical assistance.
There were no comments from members of the audience on the Consent Motions.
A motion was made by Mayor Pro Tem Turner that the foregoing items 1
through 12 be approved, seconded by Council Member Guerrero and passed
unanimously.
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 13 through 24.
Mayor Pro Tem Turner referred to Ordinance No. 13, awarding a contract for
the Five Points Area Fire Station and asked about the other fire station that
was to be constructed.
Mr. Lontos explained that it was the one in the Weber -Saratoga area but a
site has not been selected yet.
Mayor Pro Tem Turner asked about the total amount of funds available.
Mr. Lontos explained that one station was $50,000 more than the other
because one required right-of-way acquisition.
City Manager Martin noted that the total available for both stations is
approximately one-half of $1,000,000.
rtes
.cgular Council Meeting
November 9, 1983
Page 8
Mayor Pro Tem Turner stated that she felt that the City should use the same
architect for similar projects whenever possible in order to effect a savings.
She noted that this fire station represents over -spending the budget available.
Mr. Lontos explained that the architect is the same for both stations and
he will have to save money on the other station by reducing the plans for the
second building in order to reduce the cost. He explained that the architect
would not have to redesign the total building but he may have to reduce the size
of some rooms or some reduction will have to be made. He stated that the
Council can be sure that the second building must be designed for the specified
amount. He stated that the architect on this project is Larry Money in
association with Galen May and Pfluger Associates.
City Manager Martin stated that it would be possible to have the architect
redesign the building to be less expensive but fourteen competitive bidders
submitted bids on this fire station and there is a need to get the project
underway as soon as possible; therefore, the Staff is recommending that bid
award be made with the understanding that the design for the second building
will be reduced so as to award a contract within the money available.
Mayor Pro Tem Turner pointed out that this project is about $40,000 over
the budget and if it is redesigned and rebid, it would require approximately ten
weeks.
Mayor Jones then referred to Ordinance No. 14 which is a recommendation
that a contract be awarded to JCO, Inc. for the Timon Boulevard Median
Landscaping Project and inquired if this has anything to do with the objection
that Council Member Berlanga presented last week in regard to the changes that
the property owners want to make in the traffic pattern.
Mr. Lontos stated that this has nothing to do with that section of Timon
Boulevard.
Council Member Guerrero referred to the same item and stated that he has a
problem with this. He inquired about the irregularity on the bid that was
mentioned in Mr. Lontos' memorandum.
Mr. Lontos explained that JCO's proposal contains an irregularity in that
the unit bid price for irrigation and the total bid for that item were the same.
He explained that the intent of the bidder was to perform the irrigation work
for the total bid price of $21,900 and this intent has been verified by a letter
from the contractor.
Council Member Guerrero then questioned awarding a contract to a
construction company that is not local. He also questioned the statement in Mr.
Lontos' memorandum that the City knows very little about their ability and
experience.
.tes
Regular Council Meeting
November 9, 1983
Page 9
Mr. Lontos assured the Council that the Staff feels confident that JCO is
capable of performing the work; they have performed some landscaping at the NAS
Base Hospital and currently have the grounds maintenance contract at NAS and
have been highly recommended by that entity. Their Superintendent, Mr. Robert
Voils, was formerly with Turner's Landscape and Bay, Inc. and in that capacity
worked on a number of City jobs, including the entrance road at the Airport and
the Bayfront Plaza site. Mr. Lontos stated that the Park Department is also
confident that the Superintendent is highly qualified and will perform the work
required. He also stated that the Staff has a good working relationship with
Mr. Voils.
Council Member Mendez pointed out that during past Council Meetings, the
Council made the Staff aware that they need to contract with local companies as
much as possible. He pointed out that JCO is in Bergtrum, Texas and the local
economy would be helped if the contract is awarded to a local firm.
Council Member Kennedy expressed the opinion that the City should inform
companies that they are only going to accept bids from local firms so that other
companies will not waste their time if this is going to be the policy.
Council Member Guerrero expressed the opinion that this should be a
judgement on each separate project.
Council Member Mendez noted that the Staff provides estimates of the cost
of projects and in his opinion, if the bid price is within that estimate, the
contract should be awarded to a local company.
City Manager Martin pointed out that the Council is discussing a policy
question. He explained that the guidelines that they must comply with are the
City Charter and the State Law which refers to awarding bid to the lowest
responsible bidder. He noted that the City Charter addresses, "the most
advantageous bid for the City" and sometimes it might be more advantageous to
award a contract to a local company if continued maintenance may be a factor or
shipping of materials may be a problem for an out-of-town bidder. He suggested
that the Council needs to make a policy statement because he anticipates that
there will be more and more bids received from out-of-town bidders and the
Council may be criticized for awarding a contract to a higher bidder just
because it is a local company. He agreed that if just a few dollars is
involved, it might be reasonable to award a contract to a local company but in
this case, the difference in cost is $9,000.
Mayor Jones pointed out that an out-of-town contractor is constructing the
Marriott Hotel, but most of the employees are local people.
Council Member Slavik indicated that she agreed with the City Manager since
$9,000 is involved and that is a lot of difference. She suggested that if the
Council desires to change the policy of awarding bids then this should be
discussed, noting that she felt that saving the taxpayers' money is very
important. Mrs. Slavik indicated that she agreed with Dr. Kennedy that if the
Council is only going to award bids to local firms, everyone should be made
aware of this.
,rtes
Regular Council Meeting
November 9, 1983
Page 10
Mayor Pro Tem Turner pointed out that the Council has a responsibility to
obtain the best possible price to save money for the City and the taxpayers.
She pointed out that this particular project is just a planting program, not a
maintenance program, and reiterated that the Council has a responsibility to
obtain the best price possible and the best contractor.
Assistant City Manager Lontos interjected that the City had encountered
some problems with Bay, Incorporated at the Convention Center and it was decided
to give them a second chance with the landscaping at the Airport and there were
a few problems at that time, but in summary, they did a pretty good job there.
Mayor Pro Tem Turner then inquired about the guarantee that the City has in
connection with contracts, and Mr. Lontos replied that the contractor must
provide a bid bond, a payment bond and a performance bond, noting that the
payment bond assures that all subcontractors will be paid and the performance
bond guarantees the work for one year after completion.
Council Member McComb stated that he had heard negative comments concerning
both the Bayfront project and the Airport project, and since there were problems
with the performance on both of these jobs and Mr. Voils was involved with both
of them, the Council needs to be concerned about the finished project, not the
relationship a Superintendent has with the Staff.
Mr. Lontos speculated that the problem encountered by the City is that they
no longer have prequalification of the contractors. He admitted that he did not
know much about JCO, Incorporated but he did receive a good recommendation from
Mr. Gerald Smith and the Park and Recreation Department.
Council Member Kennedy stated that he liked to deal with local people as
much as possible, but he did not feel that the City could pay someone local 10%
extra just to provide work for the local company because he did not think that
was good for the City as a whole. He reminded the Council that at one time, the
Electrical Contractors from the City were bidding very high on projects, but
when out-of-town contractors starting bidding lower prices, the local
contractors began submitting lower bids.
Mayor Jones stated that he would like to have a legal opinion about the law
governing award of contracts. He inquired of Mr. Aycock if he was aware of any
State law pertaining to award of contracts.
City Attorney Aycock stated that he did not recall anything in the State
Statutes but he did not believe that the Council could discriminate against
out-of-town bidders because it should be an open, competitive bid process and
the bidding should be open to everyone. He assured the Council that he would
verify this.
Council Member Berlanga stated that he felt that it was a little late to
deny the contract with JCO but the Council has been impressing the Staff with
the fact that local companies should be given every consideration. He suggested
that a phrase be inserted in the specification to require that at least 75% of
the people employed on projects should be local people.
nes
....pular Council Meeting
November 9, 1983
Page 11
Council Member Guerrero stated that the Council should examine this now.
He pointed out that $10,000 is not a lot of money when you consider the fact
that local companies pay taxes and that should be taken into consideration also,
and award could be made for the most "advantageous" bid.
Council Member Slavik referred to the practice of prequalification of
contractors and inquired if that could be reinstated.
Assistant City Manager Lontos stated that that was discontinued because
there was a desire to have more people involved on the City's projects,
including small contractors. He explained a situation in which a small
contractor had successfully performed small jobs and had continued to progress
until now they are performing very large projects for the City.
Mayor Jones summarized the discussion by stating the principle of lowest
competitive bid is firmly established for Cities and the system is supposed to
stimulate maximum competition. He pointed out that if the Council changes the
rules and says that bids are going to be awarded in a different way, he felt
that this would be a very poor precedent to establish. He expressed the opinion
that the Council had an obligation to the taxpayers who expect them to procure
services and other things at the lowest possible price.
Council Member Berlanga inquired if the City is obligated to advertise
projects nationally. He suggested that small jobs just be advertised locally
and that very large projects be advertised on a national level.
City Manager Martin explained that the obligation by law is to advertise
locally for so many weeks, but if there is a major project, it is advertised in
other newspapers. He pointed out that even if the City does advertise only
locally though, AGC obtains this information and publishes it all over the
state. He noted that Dodge Reports performs the same type of service.
Mayor Pro Tem Turner agreed with Mayor Jones' comments about the best bid
at the lowest possible cost to save taxpayers' money. She expressed the opinion
that it is imperative that the City know about the capabilities of a firm before
a contract is awarded, however.
City Manager Martin agreed but inquired as to how a small company could get
started if they were never given an opportunity. He pointed out that
landscaping contracts attract bids from very large corporations down to very
small companies.
Council Member Guerrero expressed the opinion that if the City starts
taking care of local companies, other companies will be attracted to locate in
the City. He suggested that when bids are examined, consideration should be
given to how it will affect the total community.
City Manager Martin stated that he would like to withdraw this item until a
legal opinion had been obtained and the Council Members indicated their
concurrence.
rtes
=.agular Council Meeting
November 9, 1983
Page 12
Mayor Jones referred to Ordinance 20 which authorizes a grazing lease
between the City, the Lower Nueces River Water Supply District and Welton Gorbet
at Lake Corpus Christi. He noted that this is a five-year lease and inquired if
that entity (LNRWSD) is not supposed to cease to exist in a short time. He
inquired as to when it is due to expire and if there was anything in this item
that would extend the life of that entity. He expressed the opinion that the
City should not agree to a lease that would extend that entity any longer than
necessary.
Mayor Jones then called for comments from the audience on Ordinances 13
through 24, Ordinance 14 having been withdrawn, and there was no response.
City Secretary Read polled the Council for their votes and the following
ordinances were passed:
13. ORDINANCE NO. 17925:
AUTHORIZING THE EXECUTION OF A CONTRACT WITH EWING CONSTRUCTION CO., INC.
FOR THE FIVE POINTS FIRE STATION PROJECT; AUTHORIZING DEDUCTIVE CHANGE
ORDER NO. 1 IN THE AMOUNT OF $20,000 PROVIDING FOR SPECIFICATIONS AND
BUILDING MODIFICATIONS; APPROPRIATING $289,500; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
14. (This Ordinance was withdrawn by the City Manager -- See Page 11)
15. ORDINANCE NO. 17926:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 1 IN CONNECTION WITH THE HEARN ROAD STREET REALIGNMENT PROJECT;
APPROPRIATING $544; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
16. ORDINANCE NO. 17927:
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 2 IN CONNECTION WITH THE MAIN LIBRARY SITE LAND ACQUISITION PROJECT;
APPROPRIATING $177,749; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
ates
..:3ular Council Meeting
November 9, 1983
Page 13
17. ORDINANCE NO. 17928:
CLOSING AND ABANDONING THE EAST -WEST 10 FOOT WIDE UTILITY EASEMENT IN LOT 1,
BLOCK 1, MORGAN SCHOOL TRACT; SUBJECT TO PROVISIONS LISTED BELOW; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
18. ORDINANCE NO. 17929:
AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD ADOPTED BY
ORDINANCE NO. 17258 ON SEPTEMBER 15, 1982, PROVIDING FOR DISCIPLINARY
ACTION OF SAFETY VIOLATIONS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
19. ORDINANCE NO. 17930:
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED
TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.57, SETTING FORTH
ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS TRACTS 1, 2, 4, 5,
AND 6, ALL OUT OF LOTS 4, 5, 6, 9, 10, 11, AND 12, SECTION 20, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb, and
Mendez voting, "Aye' Hawkins and Slavik, "absent".
20. FIRST READING:
AUTHORIZING THE EXECUTION OF A FIVE-YEAR GRAZING LEASE WITH WELTON GORBET
ON A 230 -ACRE TRACT ADJACENT TO LAKE CORPUS CHRISTI.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Guerrero,
Kennedy, McComb, and Mendez, voting, "Aye"; Hawkins and Slavik, "absent".
21. SECOND READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE
PEOPLES STREET T -HEAD, SAID AGREEMENT TO BE FOR A PERIOD OF FIVE (5) YEARS,
ALL AS MORE FULLY SET FORTH IN THE AGREEMENT.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Guerrero,
Kennedy, McComb, and Mendez, voting, "Aye"; Hawkins and Slavik, "absent".
,rtes
1.1jular Council Meeting
November 9, 1983
Page 14
22. THIRD READING - ORDINANCE NO. 17931:
REPEALING ORDINANCE NO. 17288 WHICH AUTHORIZED A LEASE AGREEMENT WITH UTEX,
INC., ABA BUSINESS DATA CONCEPTS, INC.; AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH CARIBBEAN BLUE LTD., INC., FOR LEASE OF PROPERTY LOCATED AT
613 SOUTH SHORELINE FOR A THREE YEAR TERM.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
23. THIRD READING - ORDINANCE NO. 17932:
AMENDING SECTION 4-5 OF THE CITY CODE TO CONFORM WITH STATE LAW, SEC.
109.33 ALCOHOLIC BEVERAGE CODE, AS AMENDED BY THE LAST SESSION OF THE STATE
LEGISLATURE, ALTERING THE MEASUREMENT OF DISTANCE BETWEEN ON -PREMISES
ALCOHOLIC BEVERAGE ESTABLISHMENTS AND PUBLIC SCHOOLS; PROVIDING FOR
VARIANCES: PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION AND
AN EFFECTIVE DATE.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
24. THIRD READING - ORDINANCE NO. 17933:
AMENDING APPENDIX H OF THE BUILDING CODE ADOPTED BY ORDINANCE NO. 15256 TO
EXEMPT UNOCCUPIED MOBILE HOMES ON DEALER'S SALES LOTS FROM TIE -DOWN
REQUIREMENTS EXCEPT DURING PERIODS OF TIME DESIGNATED AS BEING A HURRICANE
WARNING OR ALERT; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Guerrero, Kennedy, McComb and
Mendez voting, "Aye"; Hawkins and Slavik, "absent".
Mayor Jones called for Consideration of Motions from the Regular Agenda on
the following item:
25. Authorizing the execution of a main depository contract with Texas Commerce
Bank - Corpus Christi, and authorizing depository contracts for investment
purposes only with Corpus Christi National Bank, Texas Commerce Bank -
Corpus Christi, N.A., First City Bank of Corpus Christi, First National
Bank of Corpus Christi, Nueces National Bank, Citizens State Bank of Corpus
Christi, International Bank of Corpus Christi, Western National Bank,
American National Bank, Mercantile National Bank and Southern National Bank
of Corpus Christi.
ates
egular Council Meeting
November 9, 1983
Page 15
City Manager Martin explained to the Council that the bids the City
received under this bidding format were very competitive and the recommended
award will produce $240,000 more than what had been received previously;
therefore, the Staff is recommending that the award be made to Texas Commerce
Bank - Corpus Christi which is in the best interest of the City. He noted that
this contract will be for the balance of this Council's term of office.
A motion was made by Mayor Pro Tem Turner that the foregoing item be
approved, seconded by Council Member Berlanga and passed unanimously.
Mayor Jones announced the public hearing on the following item:
26. 3:00 p.m. - Assessment hearing on the Baldwin Boulevard reconstruction
project from Agnes to Leopard Street. The roll provides for assessments of
$322,974.96 on 43 items.
Assistant City Manager Lontos explained that this project is for
improvements to Baldwin Boulevard which was included in the 1977 Bond Program.
He explained that it is under the Urban Systems Program and the City will pay
for the drainage, right-of-way, utility adjustments and concrete street work.
He pointed out that it is not a Voluntary Paving Program but it is necessary and
was placed in the Bond Election as a major thoroughfare.
City Attorney Bruce Aycock explained that this public hearing is required
by State Law and the purpose is to provide testimony to enable the Council to
make a decision as to whether or not the assessments charged are equal in value
to the improvements. He called as his first witness Mr. Gerald Smith, City
Engineer.
Through questioning of Mr. Smith, Mr. Aycock ascertained that he was
properly qualified and had been with the City for 24 years. He noted that a
copy of his qualifications in resume form is on file in a City office. He
inquired of Mr. Smith if cost estimates have been made on this project.
Mr. Smith testified that they have been made by the State Department of
Highways and Public Transportation. He explained that this project is to
improve Baldwin Boulevard from Agnes Street to Leopard Street and this is one of
the last remaining streets to be reconstructed under the 1977 Bond Program and
that it is partially funded through the Urban Systems Program. He informed the
Council that the State designed the project in cooperation with the City Staff
and bids were received by the State Office.
Mr. Smith explained that the proposal is to widen Baldwin Boulevard to 62
feet from back of curb. He noted that there will be two moving lanes of traffic
in each direction; parking is not contemplated on this street; additional storm
sewers will be installed; and sidewalks are proposed to be installed. He stated
that the low bidder was Wright Way Construction Company and the bid price was
ates
...;gular Council Meeting
November 9, 1983
Page 16
$1,323,985.70. He stated that the existing right-of-way is 120 feet wide and
the improvements will include a standard 6" curb and gutter section, 8"
stabilized subgrade, 10" thick flexible base, 5 3/4" asphalt stabilized base and
11" of Type D Hot Mix Asphaltic Pavement. He pointed out that 4 -foot wide
reinforced concrete sidewalks will be constructed 11 feet from the back of the
curb and that 6" thick reinforced concrete driveways will be constructed. Mr.
Smith listed the bid price and assessment rates as follows: Curb, Gutter and
Pavement - Bid Price, $60.16 per linear foot, Assessment Rate - $19.50 per
linear foot; Sidewalk - $1.40 per square foot, Assessment Rate - $1.00 per
square foot; Driveways - $2.82 per square foot, Assessment Rate - $2.82 per
square foot. He stated that the commercial rate will apply because there are no
residential properties on this street.
Mr. Smith continued his explanation by stating that the City proposes to
construct the sidewalks 11 feet from the street to allow for parking by the
abutting property owners and 98 feet of the right-of-way will be used; but 22
feet would be available for parking purposes by those owners. He stated that
the assessment roll had been computed according to the existing Assessment
Ordinance and the total assessment price is $323,179.41. He pointed out that
the assessments may be paid in cash at the completion of the project; they may
be paid over a five-year period in monthly installments at an interest rate of
8% or in case of a hardship, this period may be extended to ten years. He
stated that the contract has been awarded by the State and the contractor has
started preliminary work. He assured the Council that access will be provided
to all of the property during construction and the project will require
approximately 9 months of construction time.
Mr. Smith stated that during the public hearing conducted by the State and
the City Staff, many of the property owners indicated that they were looking
forward to the improvement project but they saw no reason for the construction
of sidewalks and in fact, the .City had received a petition from all of the
property owners requesting that the sidewalks not be installed.
Mayor Pro Tem Turner stated that she would have to concur that sidewalks
are not needed in this industrial area. She noted that this is not a voluntary
project.
Mr. Smith explained that even though there is 120 feet of right-of-way, the
Staff is not recommending that all of that be used but that 11 feet of it be
used for parking by the property owners. He explained that many of the property
owners have been using the public right-of-way for parking for many years. He
agreed that the question of sidewalks in industrial areas has been discussed
before and that the Platting Ordinance has been amended in regard to sidewalks
in interior areas of industrial subdivisions but at the time that amendment was
made, the Council placed three conditions on which sidewalks must be constructed
even in industrial areas and Baldwin Boulevard meets two of those three
conditions in that it is a collector street and is on the perimeter of an
industrial area. He explained that the right-of-way is difficult to define
because there are no sidewalks and people have a tendency to indiscriminantly
utes
_.cgular Council Meeting
November 9, 1983
Page 17
park in the right-of-way at this time. He pointed out that the addition of
sidewalks and curbs would eliminate that practice. He expressed the opinion
that header curbs would be required if the sidewalks are not constructed and the
property owner would be assessed for the header curbs in lieu of sidewalks.
Mr. Smith continued his explanation by noting that some of the streets
being improved in the Baldwin/Leopard project extend on to Baldwin Boulevard and
the construction of sidewalks on this street would tie both projects together.
City Attorney Aycock called as his first witness Mr. W. J. Holly and
established that he is a Licensed Real Estate Broker qualified to testify in
this hearing. He noted that Mr. Holly's qualifications in resume form are on
file in the City office.
Mr. Holly testified that he is familiar with each and every parcel of land
included in this project and that in his opinion, all of the property will be
enhanced at least in the amount of each individual assessment.
Mr. Holly then read his notes recording his observations regarding the
necessity for sidewalks, indicating that in his opinion, some of the businesses
are relatively close and it is possible that walk-in customers might use the
sidewalk betweenthe buildings. Mr. Holly also testified that the need for
improved streets, curbs and gutters is very evident and the drainage will be
improved as well.
Council Member Kennedy inquired if the City had ever considered installing
sidewalks on one side of the street only, and Mr. Smith replied that they
considered this when Airline Road between Ocean Drive and Williams was improved.
He explained that the reason it was considered was because Seaside Cemetery
sides on Airline and the Staff considered the possibility of not installing
sidewalks alongside their property, however later the decision was made to
install the sidewalks and they are used extensively by pedestrians and joggers.
Speaking in opposition to the requirement for sidewalks was Mr. Louis
Holder, representing Moreman Tire Company which is in the 4500 block of Baldwin.
He stated that he had submitted a petition signed by 100% of the property owners
objecting to the sidewalks. He stated that they looked forward to the street
improvements but they could not see any need for sidewalks and felt that
actually, they would be a detriment. He pointed out that even if they are
allowed to use 11 feet of right-of-way for parking, his company would still have
a parking problem.
Council Member Kennedy inquired if his building met the code
for off-street parking, and Mr. Holder replied that he did not know
constructed 25 years ago.
Mr. Tom Stewart, Director of Transportation, confirmed that
would be no different from the situation on Everhart, Airline, etc.
have on -street parking either.
requirements
since it was
this street
which do not
Stes
_gular Council Meeting
November 9, 1983
Page 18
Mr. Holder also expressed the opinion that when customers park in front of
their businesses, they will have a tendency to park on the sidewalk and it will
soon be destroyed anyway.
Council Member McComb inquired of Mr. Holder if the property owners would
be willing to install bumpers to keep the cars from parking on the curb, and Mr.
Holder stated that he felt that they would be willing to do that.
Mr. Smith pointed out that header curbs are almost the same thing that Mr.
McComb mentioned and he felt that they need something to define the
right-of-way. He pointed out that if that curb is constructed, it will be
assessed against the property owner and will cost $7 to $8 per linear foot and
would be twice the cost of a sidewalk. Mr. Smith reiterated that if something
is not done to define the right-of-way, the result will be indiscriminate use of
the right-of-way.
Mayor Pro Tem Turner expressed the opinion that sidewalks would have some
negative effect on these property owners.
Mr. Lontos stated that what the Staff is trying to tell the Council is that
they feel when you have a major street such as Baldwin, a number of things have
to go into the improvements; it is necessary when parking space is not available
that something should be provided for the people to walk on who are doing
business in the area; and the Staff feels that the sidewalks are essential to
the people who are conducting business in the area. He pointed out that there
is also a residential subdivision very near here.
Mayor Pro Tem Turner pointed out that there have been no sidewalks located
there for twenty years nor have there been any requests for sidewalks.
Mr. Lontos reiterated that the Staff must tell the Council what the policy
is and that is what the Staff must make a recommendation on in terms of the
street itself. He stated that the Staff feels that it is needed even though at
the present time there may not be an evident need for sidewalks, this situation
could change in the future and they could be needed. He pointed out that they
are just following the Council's policy in that on major thoroughfares,
sidewalks are always constructed and if they are not constructed on this street,
a precedent will be established.
Council Member Kennedy inquired if the major problem was the amount of
money that it would cost the property owners or the number of feet that will be
lost.
Mr. Holder stated that they are concerned about the space that they will
lose.
utes
_pular Council Meeting
November 9, 1983
Page 19
Also speaking in opposition to the construction of the sidewalk was Mr.
Frank Wiggins of Ray West Warehouse. He pointed out that 100% of the property
owners expressed opposition to the installation of sidewalks. He agreed that
they have been using the City right-of-way but he still felt there is no reason
for sidewalks on a major arterial street, pointing out that there are none on
Leopard or Agnes Streets. He assured the Council that there are never any
school children walking on this street and if sidewalks are constructed, they
will experience difficulty with trucks attempting to turn around.
Also speaking in opposition was Mr. Hy Goodman, representing Century
Papers, who stated that they own 850 feet on Baldwin and Agnes and in his
opinion, there is no reason ever for anyone to walk on that street. He
explained the increased size of the trucks that serve his company now and that
sidewalks would further hamper their ability to move trucks in and out. He
stated that he sees no reason for header curbs either.
Also speaking in opposition to the installation of sidewalks was Mr.
Malcolm F. Sterett, representing Sterrett Supply Company at 4533 Baldwin; Mr.
Henry McDowell, representing Flato Supply Company; Mr. Ray Johnson, representing
Future Securities, who explained that he is involved in leasing rental property
which is an industrial strip center. He pointed out that they already have a
sidewalk to connect their different businesses and there is no need for an
additional sidewalk because that would eliminate the possibility of head -in
parking in the front of the businesses. He admitted that they are using 20 to
30 feet of City right-of-way but it is not being utilized for parking but for
automobiles entering the areas of the buildings.
Council Member Slavik stated that she had noted that some of the owners had
indicated that they would be willing to install sidewalks in the future if they
ever became necessary for a walk-in type of business.
Mr. Smith stated that if the Council determined that there was
for it in the future, there would be an option to install them then.
A motion was made by Council Member McComb that the hearing
seconded by Mayor Pro Tem Turner and passed unanimously.
a necessity
be closed,
A motion was made by Mayor Pro Tem Turner that the sidewalks included in
the plan be deleted from the improvements with no provision for header curbs;
seconded by Council Member Mendez.
Council Member Kennedy stated that he was apprehensive about deleting the
sidewalks and referred to Nottarb Place, which is known as "WOW", and stated
that he had observed cars parked in different of ways out there including on the
curb, etc. He stated that for this reason, he felt there was some necessity for
the sidewalks. He agreed that the plans as they exist now do take more space
from the property owners than is necessary and he would be in favor of moving
the sidewalk to within one foot of the curb which would result in a lesser loss
of property to the property owners.
rtes
....jular Council Meeting
November 9, 1983
Page 20
Mayor Jones summarized that the Staff has presented a paving project on the
basis of the City's existing policies. He also noted the fact that so much of
the land on each side is being used by the property owners and the proposed
action in effect takes back City land that the property owners have been using.
He stated that he, too, had a problem with the motion. He pointed out that the
proposed action amends the city ordinance and if these sidewalks are eliminated,
a precedent may be established.
Mr. Smith agreed that the sidewalk as it exists in the Plans is to be
constructed 14 feet from the curb, and as an option, they could move the
sidewalk adjacent to the curb.
City Manager Martin noted that one of the things before the Council is
whether it is the loss of property or the necessity for the sidewalks that is at
issue. He stated that if it is a loss of property, Mr. Smith has just mentioned
the possibility of moving the sidewalk adjacent to the curb. Mr. Martin
expressed the opinion that it is important to have the sidewalk installed and
that option might be more acceptable to the property owners if they are in fact
saying that the loss of property is their real concern.
Mr. McComb noted that there will be a loss of property due to the fact that
the street will be widened and if trucks go over the sidewalks, they will be
damaged.
Mr. Smith pointed out that if the sidewalks are moved closer to the street,
the cost of the driveways would be substantially reduced. He also noted that if
the plans are changed, it may be necessary for the City Staff to renegotiate
with the State Department of Highways and Public Transportation.
Mr. McComb suggested that this matter be tabled until the Staff has an
opportunity to discuss this with the State.
Council Member Berlanga inquired about the necessity for 5 -foot sidewalks,
and Mr. Smith replied that the standard City policy is to have 4 -foot wide
sidewalks if they are away from the curb but if they are immediately adjacent to
the curb, they are usually 5 feet wide.
Mayor Pro Tem Turner amended her original motion to construct 4 -foot wide
sidewalks immediately adjacent to the curb, seconded by Council Member Berlanga.
Council Member McComb asked about the impact that would have on the entire
City if the width of the sidewalks is changed to 4 -foot wide when the ordinance
requires 5 feet.
Mayor Pro Tem Turner then amended her motion as previously amended to
specify 5 -foot wide sidewalks flush with the curb, seconded by Council Member
Berlanga.
This motion passed unanimously by those present and voting.
utes
._.gular Council Meeting
November 9, 1983
Page 21
Mr. Smith informed the Council that the assessment roll will have to be
revised and they hope to have the ordinance on the agenda next week or the
following week.
Mayor Jones announced the public hearing on the following item:
27. 3:15 p.m. - Closing and abandonment of Iris and Eklund Avenues from the
Clarkwood drainage channel to Commerce Street including two alleys in Block
6 and 7 in the Clarkwood Subdivision. None of the streets or alleys are
open at this time.
Assistant City Manager Lontos located the streets on a transparency and
stated that the proposal is to close the streets which dead-end at the Clarkwood
drainage ditch. He stated that they also propose to close two alleys in the
same area. He assured the Council that the Staff has no objections to the
closing of the streets and alleys if proper drainage and utility easements are
retained. He stated that there will be no adverse effect on the traffic in the
area.
Mayor Jones ascertained that no one wished to speak in opposition to these
street closings.
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 Mayor Pro Tem Turner that the streets and alleys
listed be closed, seconded by Council Member Berlanga and passed unanimously.
City Secretary Read polled the Council for their votes and the following
ordinance was passed:
27. ORDINANCE NO. 17934:
CLOSING AND ABANDONING IRIS AVENUE FROM COMMERCE STREET TO A POINT 285 FEET
EAST, EKLUND AVENUE FROM COMMERCE STREET TO A POINT 285 FEET EAST, THE 20
FOOT WIDE ALLEYS IN BLOCKS 6 AND 7, CLARKWOOD SUBDIVISION; SUBJECT TO
PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Kennedy, McComb, Mendez and
Slavik voting, "Aye"; Guerrero and Hawkins, "absent".
rtes
gular Council Meeting
November 9, 1983
Page 22
Mayor Jones announced the public hearing on the following zoning case:
28. Application No. 883-17, Mr. O. H. Turner: for a change of zoning from
"R -1B" One -family Dwelling District to "B-4" General Business District on
Lot 7, Block 37, Del Mar Addition, located on the northeast corner of S.
Staples Street and Del Mar Boulevard.
Assistant City Manager Tom Utter stated that in response to the fifteen
notices of the public hearing, nine in favor and five in opposition had been
returned and that both the Planning Commission and Planning Staff recommend
denial.
Mr. Larry Wenger, Director of Planning, located the area on the zoning and
land use map, described the land use in the surrounding area, noting that most
of the area in the surrounding vicinity is zoned "R -1B", and showed slides of
the vicinity.
Mr. Jeff Harmon, Attorney representing the applicant, explained that his
client desires to open a Tall Fashions which is now located in another building.
He explained that Mrs. Turner owns this property; they can no longer afford
their rent at the existing location; and since they own this property, they
would like to establish a dress shop at the intersection of Del Mar and Staples.
Mr. Harmon assured the Council that the applicant plans to develop the property
so that the exit and access would be from Staples Street, not Del Mar. He
stated that they would accept a special permit and requested that no decision be
made until they have had an opportunity to submit a detailed off-street parking
plan from Staples Street. Mr. Harmon continued by pointing out that they are
not in the center of the neighborhood and pointed out that there is a large
medical facility that is located a short distance down the street on Staples.
He presented a petition signed by some of the neighbors within the 200' area
indicating that they have no opposition to this change of zoning. Mr. Harmon
expressed the opinion if Mrs. Turner is allowed to open her shop at this
location, the neighborhood would be improved.
Also speaking in favor of the application was Mrs. Jane Craine, 711 Naples
Street. Mrs. Craine expressed the opinion that those property owners who have
homes that close to Staples Street suffer a great deal because they cannot
comfortably continue to reside in those homes on such a busy street and because
of the excessive traffic, the only good use for property on Staples is for
business.
Also speaking in favor of granting the zoning was Mrs. Bill Lueschner, 125
Atlantic.
Mr. Utter reminded the Council that in view of the fact that the Planning
Commission recommends denial, six affirmative votes will be required to grant
the zoning.
Three of the Council Members indicated that they would vote in opposition
to the change of zoning, and Mayor Jones called for those in the audience who
wished to speak in opposition to so indicate.
utes
..,gular Council Meeting
November 9, 1983
Page 23
A large number of people raised their hands, and Mayor Jones informed them
that obviously, their presentations would not be needed since three of the
Council Members had indicated that they will vote in opposition, and one Council
Member is absent.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Guerrero and passed unanimously.
City Secretary Read polled the Council for their vote on the ordinance
effecting the requested zoning change and it failed to pass as follows: Jones,
Turner, Berlanga, Guerrero, Kennedy, Mendez and Slavik voting, "No"; McComb,
abstaining; Hawkins, "absent".
City Secretary Read informed the Council that the zoning request had been
denied.
Mr. Utter interjected at this point that he failed to inform the Council
that the Planning Commission had received a petition from the Del Mar
Association containing 246 signatures expressing opposition to the change of
zoning.
Mayor Jones announced consideration of the following item:
29. A request for deferral of
sanitary sewer acreage fee
Lots 1 and 2 be denied.
requested deferral after an
Planning Commission first
recommended that the public
street construction, water line extension and
on South Aires Subdivision, Unit 2, Block 1,
The property owner, Mr. Bill Winston, has
appeal of Platting Ordinance requirements. The
rejected the deferral request then later
improvements be deferred,
Assistant City Manager Lontos located the area of South Aires Unit 2
Subdivision and explained that the property in question belongs to Mr. Bill
Winston of Ajax Supply Company. He noted that the property at this time is
unplatted and undeveloped, but two of the lots have been platted because an
adjacent property owner, Mr. Sarato, constructed a building on a portion of Mr.
Winston's property. Mr. Lontos pointed out that there is a requirement for a
water line extension to serve the two lots; a pro -rata charge for sanitary
sewer and a street extension; and the Planning Commission denied the request for
a waiver to these platting requirements. He stated that the Council had
considered this appeal on September 14, 1983 and previously denied the request.
He stated that this request is for deferral of the improvements also and the
Staff feels that the improvements should be accomplished in accordance with the
Platting Ordinance because if the property to the west is developed, they would
not have access if the street is not constructed.
Mayor Jones inquired about the difference in the request that is being
heard today, and Mr. Lontos explained that the same plat has been resubmitted to
ites
gular Council Meeting
November 9, 1983
Page 24
the Planning Commission with the request that the street extend in another
direction. He stated that the Staff has no objection to that but feel that the
improvements should be accomplished at this time. He noted that they have
requested deferral of the improvements at this time rather than a waiver of the
requirements for the improvements.
Council Member Berlanga stated that it was his understanding that the
streets were not to be extended until Ajax decides to improve their property.
He inquired if Mr. Winston could delay construction of the street improvements
until he is ready to develop his land.
Mr. Lontos pointed out that the suggestion had been made to Mr. Winston
that he just plat Lot 2 at this time and plat Lot 1 at a later date, thereby
reducing the initial cost considerably.
Mr. Bill Winston, the applicant, explained the difference in the two plats
that had been submitted, noting that the original plat contained a cul-de-sac
for a street and he had requested that his engineer devise another street
extension. He explained that a member of the City Staff had assured his
engineer that they would approve the plat if the street extends to another
street. He stated that a contract had even been prepared to the effect that at
the time he requests a building permit, they would make all of the required
improvements. He stated that this contract had been signed and it was their
understanding that there was no opposition. He pointed out that the Planning
Commission recommends approval with deferral of the requirements until he is
ready to develop the property.
Mr. Lontos questioned the statement pertaining to a staff member indicating
that approval would be granted because he felt sure that no member of his staff
nor Planning Department's Staff would have recommended deferral or delay of the
required improvements. He explained that the contract had been prepared iri the
event the Council granted the deferral request.
Mayor Jones inquired if the Council had ever approved such a deferral
before and Mr. Lontos stated that he did not recall deferral of improvements.
He stated that deferrals had been granted for a time certain until a piece of
abutting property is developed.
Mr. Winston reiterated that his engineer had some assurance from a staff
member that the deferral would be granted if the street is located on the plans
as it is now.
Mr. Lontos stated that Moises of Urban Engineering may have obtained an
opinion about the design of the street extension but he questioned that anyone
on the Staff would assure him that a deferral would be granted.
Mr. Frank Davila, 2818 South Port, speaking on behalf of Mr. Dan Sarato,
urged approval of the plat and the deferred requirement for improvements since
the Planning Commission recommends that it be approved. Mr. Davila also urged
Utes
gular Council Meeting
November 9, 1983
Page 25
that the contract, which would run with the land, be approved for the deferral.
He reminded the Council that Mr. Sarato's project has been delayed for several
months because of the encroachment onto Mr. Winston's property. He explained
that Mr. Sarato's difficulties were created by a surveyor who is not even bonded
and who has made many similar mistakes.
Council Member Berlanga stated that he would be inclined to vote to approve
the request for a deferral because Mr. Sarato is obviously the victim of an
unfortunate mistake and since Mr. Winston is willing to negotiate to sell the
lot on which Mr. Sarato's building extends, the Council should do something to
alleviate the situation.
A motion was made by Council Member Berlanga to defer the requirements,
including street construction.
Council Member Kennedy inquired if this deferral would be sufficient to
prevent the development of that lot until the improvements have been made.
Mr. Lontos explained that the Staff is very concerned that if the adjacent
property is platted, a street will be needed, but there is no way that the City
can force Mr. Winston to provide the improvements if this plat is approved at
this time. He further explained that once this plat is filed, the Engineering
and Planning Staffs would never see it again and it would be very difficult for
anyone to make sure that the improvements are accomplished at the time a
building permit is requested because it is possible that building officials
would have no knowledge of the deferment contract.
Council Member Mendez stated that he would agree to defer the improvements
on Lot 2 and if anyone requested that a street be constructed, then the
improvements would have to be made.
Mr. Lontos stated that he concurs that that would be better and if he plats
Lot 2 now, they would require dedication of one-half the street but he would not
have to pay the pro -rata charge of sanitary sewer. He pointed out that if Mr.
Winston plats only Lot 2 at this time, the expense would be much less. He
reiterated that they had suggested this some time ago to Mr. Winston but he did
not care to do that.
Mr. Winston explained that they wanted to go ahead and get both lots
finaled since they have already spent $400 to submit the plats.
Further discussion followed, and Council Member Mendez assured Mr. Davila
that the Council would like to help Mr. Sarato but they did not feel that they
should grant the deferral of the improvements for the plat for both lots 1 and
2. He pointed out that approval of a plat of Lot 2 would resolve the problem.
Council Member Kennedy inquired of Mr. Winston if he would consider
platting Lot 2 only, and Mr. Winston stated that he would have to discuss this
with his engineer.
tes
.__jular Council Meeting
November 9, 1983
Page 26
Mr. Wenger interjected that a plat of Lot 2 would have to be considered by
the Planning Commission before it could be approved by the Council.
A motion was made by Council Member Kennedy that this matter be referred
back to the Planning Commission for approval of the plat on Lot 2 only, seconded
by Council Member Slavik and passed by the following vote: Jones, Turner,
Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye"; Berlanga voting,
"no"; Hawkins, "absent".
Mayor Jones referred to a letter that had been received by him from
Riverside Hospital which indicated that they desire to move some doctors'
offices into trailers until the hospital completes its renovations but this
would be in violation of City ordinances.
Mr. Wenger stated that he was under the impression that an office could be
located in a mobile home but this would be investigated by the Staff.
Mayor Jones then referred to Mr. Lon Hill's proposal that translation
equipment be purchased for use in the Convention Center and inquired if the
Council would like to hear a presentation on this subject by Mr. Hill.
A motion was made by Mayor Pro Tem Turner that Mr. Hill be allowed to
address the Council on this subject, seconded by Council Member Slavik and
passed unanimously.
Mrs. Turner suggested that the date for this address be set as soon as
possible.
Mayor Pro Tem Turner referred to the Transit authority and expressed the
opinion that the Council should move forward on this as soon as possible. She
inquired if it would be feasible to appoint 2/3 of the names from the list that
had been submitted to the Council and allow each Council Member to appoint other
members.
A motion was made by Mayor Pro Tem Turner to move forward with the Transit
authority to appoint a committee consisting of 27 members, seconded by Council
Member Guerrero and passed unanimously.
Council Member Berlanga stated that he had received complaints about a
Chairman of a City Committee who is not doing a very good job, and Council
Member Guerrero stated that he had received the same complaint.
Mayor Jones noted that some of the chairmen are appointed by the Council
but most of the chairmen are elected by the individual boards or commissions.
He stated that if the Board feels strongly about this particular chairman, they
should discuss it at one of their meetings because he did not feel that it
should be discussed during an open Council Meeting. He suggested that Mr.
Berlanga check with City Secretary Read to see if this particular Chairman is
appointed by the Council or is elected by the Board in question.
ates
..qular Council Meeting
November 9, 1983
Page 27
Council Member Berlanga stated that he is concerned about the Corpus
Christi Beach traffic pattern and he understood that there were two gentlemen
present who wanted to address the Council in regard to this.
City Manager Martin reminded Mr. Berlanga that the Council had tabled this
subject and asked the Staff to schedule it for next Wednesday's Workshop
Meeting. He assured the Council that it would be the first item on the Workshop
Agenda next week.
Council Member Guerrero inquired about the status of the legal fees that
the City owes on the Single -Member District Lawsuit.
City Attorney Aycock explained that this matter is before a Magistrate in
Laredo, Texas. He stated that the Plaintiffs' attorneys have decreased their
demands from $250,000 to $110,000; the City filed a brief to the effect that the
Plaintiffs' attorneys had three or four attorneys taking depositions instead of
one attorney and the amount of the bill was questioned. He explained that they
have not had a hearing but the designation of the attorneys' fees will be up to
the Magistrate.
Council Member Guerrero asked about the status of the information requested
by the Justice Department on the Annexation of Wood River.
City Secretary Read explained that he hopes to have this completed by the
following week. He explained that he had been waiting for letters from all of
the developers of annexed property and expects them to be in his office
momentarily.
Council Member Guerrero asked that copies of the submission be provided the
Council.
City Secretary Read explained that the submission will be approximately
1,000 pages long and suggested that he provide them with pertinent information
with the understanding that the entire Submission would be available for them
to examine. He stated that if the Council approves, he will take the submission
to the Justice Department in Washington.
Mayor Pro Tem Turner stated that it was her understanding that most cities
mailed such information to the Justice Department.
Mayor Jones stated that he would suggest that when the submission is ready,
that the City Secretary, accompanied by one or two Council Members, take it to
Washington.
Council Member Guerrero stated that he would suggest that it be mailed in
view of the problem with travel reports.
* * • • * *
rtes
jular Council Meeting
November 9, 1983
Page 28
Mayor Jones called for petitions or information from the audience on
matters not listed on the agenda. He noted the presence of Mr. Jack Davis and
informed him that the Corpus Christi Beach Traffic Pattern will be on the agenda
during the Workshop Meeting on November 16th. He informed Mr. Davis that if
desired, he could speak for five minutes during this portion of the Council
Meeting.
Mr. Jack Davis addressed the Council on the subject of Corpus Christi
Beach. He presented petitions to the City Council which will clarify the
mistaken understanding of the Council Members that there are only one or two
people who are concerned about the traffic plan on Corpus Christi Beach. He
stated that the petition presented would prove that there are more people who
are concerned. He stated that they were not even consulted about the traffic
plan, and the Minutes of the 1980 Meeting conducted at the Kiwanis Recreation
Center only indicated that the Council approved a part of the plan for North
Shoreline and Timon Boulevard. He informed the Council that he and others had
prepared a plan as to what is really needed on Corpus Christi Beach and this
plan has been approved by the Corpus Christi Beach Association. He then asked
all of those who were in agreement with their plan who were present in the
audience to stand (approximately 9 people responded).
Mr. Dave Janacek asked that the Council Members read the Minutes of the
1980 Meeting and pointed out that they will find that not all of the Corpus
Christi Beach Traffic Plan was approved at that meeting. He explained that some
of the new plans being considered would damage a lot of businessmen on the
beach.
Also speaking in regard to this matter was Mr. L. C. Figgan. Mr. Figgan
noticed that the change in traffic from two-way to one-way will cause him to
lose one-half of his business and the effect will be to divert the traffic away
from a number of places of business.
Speaking on another matter was Mr. Abel De La Rosa who stated that he had
heard about the City's affirmative action plans. He expressed the opinion
that they are just words and the Staff in the Personnel Department are just as
negative as anyone else. He referred to a statement by Mr. Chuck Speed,
Personnel Director, to the effect that he was attempting to recruit the
minorities or handicapped, but he questioned that statement. He explained to
the Council that he had applied for four jobs and he has never been called for
an interview. He stated that even though he is handicapped, he feels that he
should be considered for some of the jobs available. He stated that he had
heard that an Affirmative Action Plan was being adopted and he hoped that this
would improve the situation. He stated that he had been applying for positions
with the City for two years.
Mayor Jones inquired of Mr. De La Rosa if he was working with the Texas
Rehabilitation, and Mr. De La Rosa stated that he was but he wanted to find
something on his own if possible. He stated that he had applied for the
rtes
_ 4u1ar Council Meeting
November 9, 1983
Page 29
position of Coordinator at the Senior Citizen Center on Greenwood which position
requires 60 college hours but he had not been considered even though he has a
degree from Corpus Christi State University. Be explained to the Council that
all he needs is an opportunity.
Mayor Pro Tem Turner assured Mr. De La Rosa that the City is looking for
qualified people whether they are handicapped or not and during the morning
Workshop Session they had approved the City Manager's recommendation to redesign
the Personnel Office to improve the Affirmative Action Plan.
Mrs. Martha Gutierrez, 2722 Tumbleweed, registered a complaint about the
condition at the intersection at MCKinzie Road and Frontier which is overgrown
and is dangerous because of the high grass growing there. She stated that that
grass has not been cut for a long time and that morning, there was almost an
accident involving an 18 -wheeler truck and another vehicle. She explained the
difficulty she had encountered when she called the City in that no one could
tell her who was responsible. She stated that they have a neighborhood group
and they are willing to work with the Council. She noted that Council Member
Mendez had mentioned the possibility of establishing an office in their area to
accept complaints.
Council Member Slavik explained that the way things are handled in her
district is that citizens call her and she takes care of their complaints
through the City Staff.
Mayor Pro Tem Turner suggested to Mrs. Gutierrez that she let any of the
Council Members know what her problems are and they will see that someone on the
Staff takes care of them.
Council Member Berlanga stated that he also accepts calls from people in
his district as well as other districts if they are unsuccessful in contacting
their Council Member, and he is glad to take care of any complaints they have.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 6:52 p.m., November 9, 1983.
DZ/rr