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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