HomeMy WebLinkAboutMinutes City Council - 09/04/1984MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 4, 1984
2:00 P.M.
PRESENT:
Mayor Luther Jones
Mayor Pro Tem Betty N. Turner
Council Members:
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy, Jr.
Joe McComb
Frank Mendez
Mary Pat Slavik
City Manager Edward A. Martin
City Attorney J. Brice Aycock
City Secretary Bill G. Read
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Dr. Loren M. White of Second Baptist Church,
following which the Pledge of Allegiance to the Flag of the United States was
led by Council Member Frank Mendez.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally
constituted meeting.
Mayor Jones called for consideration of the Minutes of the Regular Council
Meetings of August 21, 1984 and August 28, 1984.
Council Member Frank Mendez stated that the copy of the Minutes of August
28th sent to him was incomplete in regard to the zoning application listed as
item 35.
Council Member Mary Pat Slavik referred to page 18 of the August 28th
Minutes and stated that the vote indicated that an item had been approved
unanimously. She stated that she was out of the Council Chamber at the time the
vote was taken and asked that the minutes reflect this.
MICROFILMED
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A motion was made by Mayor Pro Tem Turner that the Minutes of the Regular
Council Meetings of August 21st be approved and those of August 28th be approved
as corrected.
The motion was seconded by Council Member Slavik and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and
Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken.
Mayor Jones then administered the oath to Mrs. Betty Jean Longoria who had
recently been appointed to the Human Relations Commission.
Mayor Jones then called for consideration of Board and Committee
Appointments and reviewed those discussed during the morning Workshop Meeting,
noting that Mrs. June Wilkerson had declined to serve as an ex -officio member of
the Park and Recreation Board.
A motion was made by Council Member Mendez that the following appointments
be confirmed, seconded by Council Member Slavik and passed by the following
vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez and Slavik
voting, "Aye"; Kennedy, absent at the time the vote was taken.
a. Water Allocation & Review Committee:
Mrs. Eleanor Goldston (homemaker)
Mrs. Janie Palacios (alternate)
b. Park & Recreation Board: Term:
Al F. Parrish, Jr. (Reappointment)
Mrs. Gloria Swantner (Reappointment)
Mr. George Manning (Reappointment)
Mr. Charles Blum (Reappointment)
Mr. Vic Menard
Mr. Guy Watts
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Mayor Jones called for consideration of the Consent Motions on the
following items:
1. Approving a twelve months supply
additional twelve months, at the
approval of the supplier and the
lubricated plug valves, based on
agreement, with option to extend for an
same terms and conditions, subject to the
City Manager, or his designee, for
low bid meeting specifications. Prices
have increased approximately 3% since the previous bid of June, 1983. Six
bid invitations were issued and five bids were received.
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WALLACE COMPANY, CORPUS CHRISTI, TEXAS:
$24,656.81
Terms: Net 30, FOB Destination
NW SUPPLY COMPANY, CORPUS CHRISTI, TEXAS:
$22,411.09
Terms: Net, FOB Destination
GRAND TOTAL: $47,067.90
2. Authorizing the receipt of bids for wells drilling services on September
20, 1984.
Mayor Jones asked for an explanation of item 2, and City Manager Martin
stated that a designation will be made of the general area that the City is
considering; the depth cannot be determined; and the specifications ask for
wells of different depths. He explained that the plan is to drill wells in the
area of Lake Corpus Christi.
3. Authorizing the receipt of bids on September 26, 1984 for two (2)
perforated dragline buckets, complete with all components to make them
operating units for the Street Division. The buckets are included in the
1984-85 Capital Outlay Budget. Estimated expenditure is $6,685.
4. Authorizing the receipt of bids on October 2, 1984, for the new City Hall
Site Demolition project. This project provides for the removal of
essentially all buildings in the four block City Hall site including the
removal of fences, retaining walls, some underground foundation work, and
surface parking areas.
Mayor Jones referred to item 4 which is the City Hall Site Demolition
Project and requested that no steel reinforcing rods be allowed to protrude at
any disposal site.
5. Authorizing the City Manager to submit an application to the Federal
Aviation Administration for an Airport Improvement Grant in the amount of
$160,000 and execute related documents for the purchase of a crash/fire
rescue vehicle. The grant is from federal fiscal year 1983-84 entitlement
funds.
6. Approving and authorizing the submission of a DWI Selective Traffic
Enforcement grant to the Texas State Department of Highways and Public
Transportation. The focus of the grant will be to increase the efficiency
of the detection and apprehension of DWI offenders. The grant period will
be October 1, 1984 through September 30, 1985 with the City cost $13,210.
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7. Approving renewal of the annual contract with the Museum of Oriental
Cultures for the purchase of professional services during 1984-85. The
contract would provide $13,700 for utility and routine maintenance costs
and for certain fire protection, electrical, and security improvements.
Museum of Oriental Cultures would agree to be open six days per week,
provide education instruction, perform support for sister city functions,
and assist in industrial development and tourist promotion.
8.* Accepting the Miscellaneous Parking Lot Improvement project and authorizing
final payment of $9,489.48 to Hannes Construction Co., Inc. It is further
recommended that the contractor be granted a 7 day time extension due to
delays which were caused by laboratory testing problems. This project
consisted of the reworking and resurfacing of parking lots in Greenwood,
Lakeview and West Guth Parks and also the Gas Division equipment yard.
Total work done on this project, which is funded by Park Bond Funds and the
Gas Division Operating Budget, is $102,094.75.
Mayor Jones called for comments from the audience on items 1 through 7,
item 8 having been withdrawn.
Mr. Clyde Nichols, 5818 Meandering Lane, stated that he is employed by RACO
Industrial Products as an independent salesman. He referred to item 1 and
stated that he has an objection to the recommendation of the award to NW Supply
Company and Wallace Company in relation to the portion of the bid for lubricated
plug valves. He stated that his company's bid on this product was $37,735.71
which represents a $9,000 reduction from the bid of the companies mentioned. He
stated that the reason the City Staff did not recommend bid award to his company
was because they preferred that the valves be the tapered plug valves and his
company bid on cylindrical plug valves. He expressed the opinion that the
cylindrical valves are equally as good as the tapered plug valves. He explained
that he had discussed this with Mr. F. D. Glenn, the Purchasing Agent, and
offered to give the City a cylindrical test valve in order to see if it operates
as well as the tapered valves but this was not done. He expressed the opinion
that the City could save a great deal of money if they would award the bid to
his company and stated that he did not know whether the test was made or not but
this type of valve has been in use in other cities for many years and his
company is willing to pay for a professional engineer to evaluate the function
of the valves RACO produces as opposed to the one included in the
specifications.
City Manager Martin explained to the Council that the Staff had provided
information in their packets and also checked with several cities including San
Antonio, towns in the Rio Grande Valley, Houston, etc., and none of them used
cylindrical valves. He stated that the Staff is of the opinion that it is
necessary to use the valve available and the Staff feels that the tapered valve
is the best available.
* This item was withdrawn by the City Manager.
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Mr. Victor Medina, Superintendent of the Gas Division, displayed a tapered
valve that is in use in the City at this time and explained that the valves
become plugged occasionally and the tapered valves can be unscrewed and greased
to correct the problem whereas the cylindrical valves have to be taken out of
place to be repaired. He explained that this had happened a number of years ago
and at that time, the manufacturer paid for new valves but they did not pay for
the labor cost involved in changing the plugs.
Mayor Pro Tem Turner inquired if specifying tapered valves in the
specifications. Eliminated competitive bidders, and Mr. Medina assured her that
they did not because all of the bids except two listed tapered valves.
Council Member McComb referred to the memorandum prepared by Mr. Medina in
which he had explained the problem that had occurred when the cylindrical valves
were used in 1966. He stated that he did not feel that this was a good basis
for a decision not to ever use the cylindrical valves again because he felt sure
that improvements had been made since that time. He stated that if Mr. Nichols
could offer some savings, then he felt that the Council should consider the
cylindrical valves.
Mr. Nichols explained that the valves that he sells allow the plugs to be
greased without opening the valves because they have slots on the side to allow
for lubrication of the plug and it was no longer necessary to remove the plug
completely.
Mr. Al Sayer, representative of the Walworth Company, stated that several
manufacturers have the tapered valves, one of which is Rockwell and Walworth
Company. He agreed with Mr. McComb that changes had been made in the past
sixteen years but he felt that the tapered plug is a superior design and product
and he was of the opinion that purchase of the tapered valve will save the
taxpayers' money in the long run.
Council Member Berlanga inquired as to how much labor was involved in 1966
when all of the plug valves had to be removed, and a Staff Member in the
audience stated that the labor cost to do this would be several thousand
dollars.
Mr. Paul Tillman, 4545 Hogan Street, representing Rockwell International,
explained that there is a resilience on the tapered valves and it is not
necessary to loosen the screws any longer. He explained the procedure for
lubricating without loosening the screws.
A representative of the Wallace Company addressed the Council and spoke in
favor of the Staff recommendation.
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9. Authorizing reimbursement to Central Power & Light Company, in the amount
of $7,000 for the moving of 840 feet of primary overhead and underground
feed cable and relocating transformers in the Gabriel Terrace Drainage
Channel. The relocation work was performed in conjunction with the Minor
Storm Sewer Improvements, Phase I project. Central Power & Light Company
had a prior easement right within the drainage easement; therefore,
reimbursement for relocation of facilities is recommended.
10. Authorizing a revocable easement be granted to Intracoastal Marina, Inc.
allowing the encroachment of an existing bulkhead and concrete parking
areas into the Laguna Shores Road right-of-way as part of a marina
development, and providing for a fee of $3,300 for the easement grant.
11. Authorizing a public hearing to be held on September 24, 1984 by the
Director of Planning in the Council Chambers, City Hall, 8:30 a.m., and a
second public hearing be held on September 25, 1984 by the City Council on
the contractual annexation of a 468.11 acre tract of land comprising
portions. of Lots 20-23, 26-32, all of Lots 24 and 25, Section 10, portions
of Lots 1, 4-7, 16-20, all of Lots 2, 3, 8 through 15, fractional Section
9, a portion of Lot 1, fractional Section 8, Flour Bluff Encinal Farm and
Garden Tracts, owned by Corpus Christi Land -Venture Associates, generally
located between Yorktown Boulevard and the Oso Creek and South Staples
Street and Cimarron Boulevard.
There were no further comments on the Consent Motions.
A motion was made by Mayor Pro Tem Turner that items 1 through 11, with the
exception of item 8 which had been withdrawn, be approved, seconded by Council
Member Mendez; and passed by the following vote: Jones, Turner, Berlanga,
Brown, Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the
time the vote was taken.
* * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances and
Ordinances from Previous Meetings on items 12 through 16.
There were no comments from the Council or members of the audience on these
ordinances; City Secretary Read polled the Council for their votes; and the
following ordinances were passed:
12. SECOND READING:
AMENDING SECTIONS 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON
CERTAIN STREETS, OF THE CODE OF ORDINANCES BY ADDING DIFFERENT STREET
SECTIONS TO THE SCHEDULES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
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The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the
time the vote was taken.
13. SECOND READING:
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH MIKE F.
HELTZEL AND CARROLL A. HELTZEL FOR THE CLEM'S MARINA BAITSTAND ON THE
KENNEDY CAUSEWAY WHICH DELETES THE REQUIREMENT FOR PROVISION OF BOAT
REFUELING FACILITIES PRIOR TO SEPTEMBER 1, 1984.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the
time the vote was taken.
14. SECOND READING:
AMENDING SECTION V.B.5.(1) OF THE PLATTING ORDINANCE PERTAINING TO
EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE SANITARY SEWER TRUST
FUND; AMENDING SECTION V.B.6.(i) OF THE PLATTING ORDINANCE PERTAINING TO
EXEMPTIONS FOR LOT/ACREAGE FEES BEING DEPOSITED IN THE WATER TRUST FUND.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, McComb, Mendez and Slavik voting, "Aye"; Kennedy, absent at the
time the vote was taken.
15. THIRD READING - ORDINANCE NO. 18445:
AUTHORIZING THE EXECUTION OF A FIVE YEAR LEASE AGREEMENT WITH CENTRAL PARK
LITTLE LEAGUE FOR A 4.10 ACRE TRACT OF LAND IN PRICE PARK FOR CONDUCTING A
LITTLE LEAGUE PROGRAM.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez
and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken.
16. THIRD READING - ORDINANCE NO. 18446:
ANNEXING BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4 AND
APPROXIMATELY 9 ACRES OF LAND OWNED BY TIM CLOWER, R. C. ALLEN, WES LEDFORD
AND DIANA CHEEK, TOMMY THOMPSON, ALFRED EDGE, GARY BURSHELL AND DIOCESE OF
CORPUS CHRISTI.
The foregoing ordinance was read for the third time and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez
and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken.
* * * * * * * *
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Mayor Jones called for consideration of the following motion from the
Regular Agenda.
17. Accepting the report, "Structural Review, Analysis and Recommendations of
the Roof of the Exposition Hall", by Total Design Four, Inc. and
authorizing the staff to prepare plans and specifications for the
demolition of the building's superstructure.
City Manager Martin explained that the architects preparing the study on
Exposition Hall had recommended expediency on the demolition work and the Staff
feels that the specifications could be prepared by the City's Engineering
Department.
Mayor Jones pointed out that to reconstruct the building to its original
specifications would cost over $1 million, according to the memorandum. He
noted that the building contains approximately 30,000 square feet, and even
taking the high estimate, he inquired as to the cost per square foot for
construction.
City Manager Martin replied that it would be $40 a square foot and a new
building usually costs between $75 to $80 per square foot.
Council Member Slavik stated that she agrees with the Staff recommendation
because she is very concerned that the building is still in existence when it is
obviously quite dangerous. She inquired about the restrooms which serve the
Coliseum, and Mr. Hennings explained that the estimate of between $300,000 and
$509,000 includes renovating the restrooms and electrical service equipment to
serve Memorial Coliseum.
Council Member Slavik inquired if the slab would be usable for other
activities, and City Manager Martin replied that that depends on the damage that
is incurred by the demolition process. He expressed the opinion that a better
action would be to pour a new slab if that is needed.
City Manager Martin stated that he did not believe that the City had any
choice but to demolish the building since the architects' recommendation is that
this should be done as soon as possible unless rehabilitation of the building is
accomplished. He stated that the Staff would prefer to leave the building as it
is until decisions could be made about the next bond issue, but when the study
made by the architects urges immediate action, he does not think the City has
any alternative.
Council Member Guerrero stated that he is speaking on behalf of the Friends
of Exposition Hall. He referred to the estimate to reconstruct Exposition Hall
to original specifications for less than $1.5 million and inquired if anyone had
indicated an interest in a public/private venture, and City Manager Martin
stated that they have not heard of any.
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Council Member Guerrero pointed out that if the building is demolished, a
vacant lot will exist because the City has no funds for rehabilitation or
reconstruction.
Mayor Jones expressed the opinion that many events conducted in Exposition
Hall could be accommodated at the Convention Center but Mr. Hennings pointed out
that the rent is quite a bit higher at the Convention Center.
Council Member Guerrero continued by stating that there are many events
that cannot be conducted anywhere else and the City does not have the
approximate $1.5 million for reconstruction. He suggested that the City
advertise for a package deal for a private/public venture. He pointed out that
Assistant City Manager Tom Utter might be able to work something out to have a
facility of the same type.
Council Member Berlanga expressed the opinion that architects make mistakes
just as everyone else does. He referred to the alleged condition of the Old
Nueces County Courthouse which was reported to be in an unsafe condition, yet it
is still standing and still partially in use. He pointed out that the
Exposition Hall definitely compliments the Coliseum, particularly for large
events. He stated that he was of the opinion that the City should consider
receiving bids on a new roof, reinforcement of the walls and general
rehabilitation to see if a better estimate can be obtained than that established
by the architects. He suggested that it might be possible to receive lower bids
and possibly find some way to pay for it through charges for its use and if the
rehabilitation can be accomplished for less than $1 million, the Council should
attempt it.
Mayor Jones pointed out that the reconstruction was estimated to be between
$1.2 million and $1.3 million.
City Manager Martin explained that it would be necessary to employ the
architect to design the specifications for rehabilitation. He stated that he
had made the assumption that the architects had received costs from various
firms in order to provide an estimate.
Further discussion followed and a motion was made by Council Member
Berlanga that this item be tabled for at least one week in order to seek a lower
estimate.
The motion was seconded by Council Member Mendez and passed by the
following vote: Berlanga, Brown, Mendez and Slavik voting, "Aye"; Turner and
McComb voting, "No"; Jones, no vote, Guerrero and Kennedy, absent at the time
the vote was taken.
Mayor Pro Tem Turner expressed concern that continued existence of the
building might create injuries and she questioned returning to the original
specifications for the building since a larger one might be in order at this
time. She pointed oiit that this would be a major item on a bond issue. Mrs.
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Turner then inquired about the situation that has resulted in closing Exposition
Hall and if the City had been able to take care of the events usually scheduled
in that facility.
Council Member Berlanga stated that his primary concern is that the plan is
to demolish a building that possibly could be salvaged.
Council Member McComb noted that the item had been tabled and possibly
discussion should be discontinued until after next week.
Council Member Slavik inquired if it would be possible to ask Mr. Jim Boggs
of Total Design Four to discuss this with the Council, and City Manager Martin
indicated that that would not be a problem.
Council Member Mendez stated that he would also like to have Mr. Hennings
make a report on the functions that were moved to Bayfront Plaza; how much money
those events have generated for the City; and how much money has been lost from
events that cannot be held in Exposition Hall.
* * * * * * * *
Mayor Jones called for Action by Ordinance from the Regular Agenda.
City Manager Martin referred to Ordinance No. 18 appropriating $64,000 from
the Convention Center Bond Fund and approving an agreement with Wisznia &
Peterson Architects regarding a water garden and parking facility in the
Bayfront Science Park, noting that the water used would be salt water from
Corpus Christi Bay. He explained that this was authorized by the City Council
over a year ago, at which time they directed that the City Staff devise a plan
to implement a parking facility/water garden at the Convention Center. He
pointed out that this City Council had authorized a cost sharing agreement
between the City and a non-profit organization and the Staff was directed to
implement it; several committees have met and discussed the matter; and they
recommend that a design for the salt water garden/parking facility be obtained
at this time and this is the recommendation to proceed with the contract with
Wisznia & Peterson.
There were no comments from the audience on this ordinance; City Secretary
Read polled the Council for their votes; and the following ordinance was passed:
18. ORDINANCE NO. 18447:
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH WISZNIA AND PETERSON
ARCHITECTS REGARDING A WATER GARDEN AND PARKING FACILITY IN THE BAYFRONT
SCIENCE PARK; APPROPRIATING $64,000; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, McComb, Mendez
and Slavik voting, "Aye"; Kennedy, absent at the time the vote was taken.
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*
*
City Manager Martin then referred to items 19 and 20 amending the 1984-85
budget and amending the ordinance adopting the tax rate for 1984-85. He
referred to a list of items and adjustments that had been discussed during the
morning Workshop Meeting regarding general sharing and funds that can be
eliminated from the budget. He also pointed out that the Staff is recommending
a decrease in the tax rate from .568 to .565.
Reference was made by the Mayor to the Council's travel budget and inquired
if $4,000 was eliminated if ample funds would still be available.
City Secretary Read stated that this figure was based on all Council
Members attending meetings and whether or not this would be enough depends on
how many of the Council Members attend various meetings.
Mayor Jones expressed the opinion that the appearances by Council Members
at meetings, and particularly the legislative meetings, is very important.
Mayor Pro Tem Turner stated that she will vote against this because she
felt that all of the money should remain in the Water Fund.
A motion was made by Council Member Mendez to approve the revised budget as
amended by the items listed on the exhibit; seconded by Council Member Brown.
Mayor Jones called for comments from the audience.
Mr. David Saenz stated that he believes that since the vote by the citizens
was to leave the funds in the Utility Department, he wanted to ask the Council
to vote against this ordinance. He expressed the opinion that the intent of the
election was to keep the money in the Utilities Department and the voters should
be listened. He stated that he was speaking in regard to the wastewater debt
service for which funds are being taken from the Utilities funds. He stated
that he did not necessarily want a lower utility bill but he would like to have
better service and replacement of utility lines. He stated that he agreed with
Mayor Pro Tem Turner that the money should be left in the Utilities Fund.
Council Member Guerrero stated that the point that he made during the
morning Workshop Meeting was the fact that the election did not result in lower
utility bills. He stated that in his opinion, the people who prepared the
petition presented the citizens with that kind of information but they knew when
the petition was prepared that the utility bills would not be decreased as a
result of this election.
Council Member McComb pointed out to Mr. Saenz that the wording in the
amendment that was approved by the voters addresses the exception of "debt
service" and approval of this ordinance will use the funds to pay the debt
service for wastewater.
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Mr. J. E. O'Brien, 4130 Pompano, representing the Corpus Christi Taxpayers
Association, stated that they were very happy that morning that this City
Council did not follow the recommendation of the City Manager in regard to the
additional firemen and he understood the changes that were going to be made were
that the debt service expense in the General Fund would be reduced by $1.7
million. He stated that with that kind of reduction, there should be a
reduction of at least 3t in the ad valorem tax rate. He stated that he would
like to have a copy of that recalculation when it is available.
Council Member Guerrero inquired of Mr. O'Brien if he had any quarrel with
the transfer of funds as proposed to reduce the wastewater debt.
Mr. O'Brien stated that they prepared the amendment to reduce the water
rates but agreed that they have no problem with using those funds for debt
service. He pointed out that they specifically stated that the funds could be
used for debt service but the problem that exists is whether it is still legal
to transfer the in lieu of funds and if the Council agrees that it is legal,
then he would concur with that.
City Manager Martin then referred to the amendment to the ordinance
adopting the tax rate for 1984-85 and explained that this proposed amendment
would set the rate at 56.5Q per $100 valuation rather than 56.80 and it would
allocate that increase between the debt service and the General Fund. He
explained that those funds were previously used for Wastewater Debt Service and
the Marina Debt Service and Wastewater Debt Service will not be paid from the
General Fund then the Property Tax Utility Service Funds can go to the debt
service for Wastewater. He referred to Mr. O'Brien's request for the
recalculation and stated that there is really nothing to give him a copy of.
* Council Member Charles Kennedy arrived at the meeting at 3:26 P.M.
Council Member Mendez referred to the issue on the effective tax rate and
asked that if the taxpayers are going to bring something forward, he would
prefer that they do so now or as soon as possible.
There were no further comments on the two ordinances; City Secretary Read
polled the Council for their votes; and the following ordinances were passed:
19. ORDINANCE NO. 18448:
AMENDING THE 1984-85 BUDGET BY ADJUSTING VARIOUS ESTIMATED REVENUES AND
EXPENDITURES IN VARIOUS FUNDS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Berlanga, Brown, Guerrero, Kennedy, McComb, Mendez
and Slavik voting, "Aye"; Turner, "No".
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20. ORDINANCE NO. 18449:
PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF
CORPUS CHRISTI, TEXAS, FOR THE YEAR 1984 AND FOR EACH SUCCEEDING YEAR
THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS
THE SAME MAY BE APPLICABLE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero, Kennedy, McComb,
Mendez and Slavik voting, "Aye".
Mayor Jones expressed appreciation to the Staff for their efforts to revise
the budget.
* * * * * * * *
Mayor Jones called for the public hearing on the following annexation:
21. Annexation of a 3.18 acres out of a portion of Lot 22, Section 5, Flour
Bluff and Encinal Farm and Garden Tracts, generally located on the south
side of Timbergate Drive, west of the intersection with Heaven's Gate
Drive.
Mr. Larry Wenger, Director of Planning, located the area on the map and
stated that it is a small tract that was omitted when all of the surrounding
area was annexed; it is a small subdivision that was left out of the larger
annexation; and since this subdivision is completely surrounded by other areas
of the City, the City Staff recommends that the annexation be approved.
No one spoke in regard to this annexation.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
City Secretary Read polled the Council for their vote on the first reading
of the ordinance authorizing the execution of the annexation contract and it
passed as follows:
21. FIRST READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND INTEREST DIVERSIFICATION GROUP, INC. FOR THE
ANNEXATION OF APPROXIMATELY 3.18 ACRES OF LAND OUT OF LOT 22, SECTION 5,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING
PLATTED AS POLO ESTATES; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN
THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS,
ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY.
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.gular Council Meeting
September 4, 1984
Page 14
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Jones, Turner, Berlanga, Brown,
Guerrero, Kennedy, McComb, Mendez and Slavik voting, "Aye".
Mayor Jones announced the public hearings on four zoning applications:
22. Application No. 784-16T, E. H. Moore Homes, Inc., J. R. Builders, Inc., and
Mr. John Tucker: for a proposed change to the text of the City Zoning
Ordinance #6106, Amending Article 31, Newly Annexed Territory, by amending
Section 31-5 by adding thereto one new subsection to be numbered 31-5.72
setting forth a classification of "B-4" General Business District on a
described tract of land when annexed to the City of Corpus Christi, Texas,
being 22.86± acres out of the southwest two-thirds of Lots 23 and 24,
Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located west of
S. Staples Street and south of Yorktown Boulevard.
Assistant City Manager Tom Utter explained that this is a prezoning
application prior to annexation and stated that there was no response to the
five notices of the public hearing that were mailed. He informed the City
Council that the Planning Commission recommends approval of the entire tract but
the Planning Staff recommends approval of "B-4" zoning on the north one-half of
the property and denial of "B-4" on the southern half and in lieu thereof that a
more reasonable transition zoning of "AB" be granted adjacent to an area
projected to be residential in nature.
Mr. Larry Wenger, Director of Planning, explained that most of the property
adjacent to this is still outside the City limits. He then located the area on
the zoning and land use map, described the land use, which is primarily
agricultural, in the surrounding area and showed slides of the area. He noted
that it is near Buckingham Estates; therefore, the Staff feels that the southern
portion of the tract should be denied and "AB" zoning be approved to provide
transitional zoning since the area further to the south will probably be
developed with "R -1B" zoning.
Council Member Berlanga inquired if since the City does not know what will
be used in that area if it is normal to approve zoning before property is
annexed.
Mr. Wenger explained that this is the usual procedure and pointed out areas
that are already zoned "R -1B" and an area to the west which is zoned "PUD". He
explained that basically the City Staff knows what will happen in the area and
unless the zoning is changed on this tract of land, it will be annexed as
"R -1B".
Mayor Pro Tem Turner expressed the opinion that this points up the need to
prepare some long range tentative zoning of areas outside the City limits in
heavy growth areas.
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September 4, 1984
Page 15
Mr. Wenger stated that "B-4" is recommended by the City Staff at major
intersections but most of the area is planned for uses other than commercial.
Mayor Pro Tem Turner stated that she would like to have this subject
discussed in order to establish correct zoning outside the City limits.
Mr. Utter interjected that the Staff is recommending this today for that
reason, to establish good zoning. He reiterated that the Staff is of the
opinion that "B-4" zoning is good at the major intersections.
Mayor Jones invited the applicant to speak at this time.
Mr. Edgar Moore, 3833 Apollo, stated that they are requesting prezoning;
Stony Brooks Subdivision is in the back part of the area; they feel that this is
a good zoning plan because it is at an arterial intersection; and he believes
that questions can be answered through a presentation by Mr. Bob Shattuck, his
firm's planner.
Mr. Bob Shattuck, Land Planner for the applicants, expressed the opinion
that the request represents logical zoning at one of the most promising
intersections in Corpus Christi. He stated that lower zoning would represent
under -utilization of that intersection and he therefore questions the Staff's
recommendation.
Mr. Shattuck continued by stating that they are asking for twenty acres of
"B-4" zoning to tie in with other land uses. He reminded the Council that
Yorktown and Staples are to be six lanes, which is the greatest intersection in
the City, and access to this property is excellent. He pointed out that a
street has been planned in the middle of the tract for better access which
improves their plan for development. He pointed out also that to the south is
an intersection of a collector and arterial streets and their plan is a part of
the overall plan for Stony Brooks Subdivision which has 15% park and money
dedication. He assured the Council they would not want to detract from their
own development by having bad zoning on this tract. He referred to the Staff's
concern about establishing some type of transitional zoning and pointed out that
at thirteen intersections of arterial and collector streets on Staples, they
have all been designated for commercial use. He therefore questioned the reason
for transitional use between commercial and multi -family zoning, stating that
this is inconsistent with the usual recommendation of the Staff. He pointed out
that the Staff also expressed the opinion that the proposed use extends too far
down Staples Street, yet, they have recommended approval of a similar situation
at FM 624 and County Road 69. Mr. Shattuck then referred to the Staff's concern
that approval of this request would set a precedent along Staples Street. He
displayed a map that indicated a large amount of commercial zoning along Staples
and stated that any precedent the Staff is concerned about was established a
long time ago. He then urged approval of "B-4" zoning for the entire tract,
noting that there is no need for transitional zoning.
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September 4, 1984
Page 16
Mayor Jones pointed out that Mr. Wenger had stated that owners south of
that tract are considering residential development and inquired if the owners of
that tract concur with this "B-4" zoning.
Mr. Moore explained that Mr. Henry Tucker and Mr. Maurice Hunsaker-own that
tract of land and he did not think that they objected to the "B-4" zoning
because they plan a lot of multi -family use for their tract.
Council Member Slavik inquired about the large development north of this
tract, and Mr. Moore explained that at the intersection of Saratoga and Staples,
a part of it will be The Explanade which was approved by the City Council a
short time ago.
Council Member Slavik pointed out that if you line up all of the business
zoning, it will be directly across from Kings Crossing and the residents of that
subdivision might object to so much commercial zoning.
No one else spoke in regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Mendez and passed unanimously.
Mayor Jones then invited Mr. Wenger to respond to Mr. Shattuck's remarks.
Mr. Wenger agreed that there are a lot of areas that have "B-4" zoning
adjacent to subdivisions, but there is a different property owner to the south
of this tract; approval of "B-4" zoning for all of this tract will be quite a
long distance from the major intersection; he is aware that the other landowners
are planning some "R-2" and multi -family dwellings. He also pointed out that a
lot of the "B-4" zoning already established was done so without the Staff
recommendation. He reiterated that the Staff is of the opinion that the "AB"
zoning would be a good transition between Stony Brooks Subdivision as well as
other property.
Mayor Pro Tem Turner pointed out that this is not a very large tract, and
Mr. Wenger noted that more and more property was rezoned to "B-4" until there is
a very large commercial tract at the intersection of Staples and Yorktown
already.
Mayor Pro Tem Turner presided in the temporary absence of Mayor Jones and
called for consideration of the ordinance effecting the requested change of
zoning.
City Secretary Read polled the Council for their vote on the ordinance and
it passed as follows:
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September 4, 1984
Page 17
22. ORDINANCE NO. 18450:
AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 31, NEWLY ANNEXED
TERRITORY, BY ADDING TO SECTION 31-5 SUBSECTION, 31-5.72, SETTING FORTH
ZONING CLASSIFICATION OF SAID AREA OF LAND DESCRIBED AS A PORTION OUT OF
LOTS 23 AND 24, SECTION 6 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: Turner, Berlanga, Brown, Guerrero, Kennedy, McComb, and
Mendez voting, "Aye"; Slavik voting, "No"; Jones, absent at the time the
vote was taken.
*
23. Application No. 784-19, Corpus Christi Independent School District: for a
change of zoning from "R -1B" One -family Dwelling District to "AB"
Professional Office District on a tract of land being 9.08± acres out of
Lot 1, Oso Farm Tracts, located along the west side of Everhart Road south
of Lamont Street.
Mr. Utter informed the Council that in response to the thirty-seven notices
of the public hearing, six in favor and four in opposition had been returned.
He stated that the Planning Commission and Planning Staff recommend that the
application be denied and in lieu thereof, that "AB" Professional Office
District be approved to a depth of 409.41 feet off Everhart Road with the
exception of a strip 110 feet deep along Lamont Street to within 198 feet of
Everhart Road.
Mr. Wenger located the area that is recommended for "AB" zoning.
Mayor Jones returned to the meeting at 4:05 p.m.
Mr. Wenger continued his explanation by stating that the recommendation for
"AB" on a portion only is because this property is located across the street
from other "AB" zoning and "R -1B" zoning. He then showed slides of the area and
pointed out the residential houses that are located across the street from this
property. He pointed out, also, that existing and proposed houses will face
into what they propose to be zoned "AB" and that is the reason they recommend
"R -1B" zoning be retained on a portion of this property.
Mayor Pro Tem Turner stated that she had received a call from one of the
neighbors who had informed her that all of the neighbors are very concerned that
the residential lots recommended should retain the restrictions that have been
placed on the rest of the residential property. She explained that those lots
have deed restrictions to require 1,100 square feet as a minimum standard of
construction. She stated that the residents of the area want to retain the
character of the existing residential development.
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September 4, 1984
Page 18
Mr. Wenger explained that deed restrictions could not be imposed on an
applicant but possibly, Corpus Christi Independent School District would agree
to such deed restrictions.
Mayor Jones pointed out, however, that deed restrictions have no effect on
zoning, and Mr. Wenger agreed that that was true.
Mr. Utter agreed that he would not recommend that deed restrictions be
required because the City cannot enforce them since they are actually a covenant
between property owners. He stated that "R -1B" lot sizes are already
established but he was of the opinion that the land prices will dictate the
price houses that will be constructed there.
Representing the applicant was Mr. J. W. Gary, Attorney for Corpus Christi
Independent School District. He presented several exhibits showing a comparison
between the CCISD request, the plan that the Staff supports but does not prefer,
the Planning Commission recommendation and CCISD modification of the plans. He
questioned some of the figures by the City Staff. He explained the exhibits by
stating that Exhibit B recommends lots of 110 feet in depth which is comparable
to other lots in the neighborhood. He explained that the School District is
suggesting that the land be divided so that there will be one cul-de-sac
extending south that will provide for larger lots than that recommended by the
Staff. He stated that he is suggesting that as a compromise that 100 -foot lot
depths be allowed and that the other lots be 110 feet in depth. He stated that
they can either make the residential lots 120 feet in depth or the streets 60
feet wide and that there would be no street extending into the existing
neighborhood to the north. He referred to Exhibit B which allows a full
cul-de-sac with 110 -foot lots and allows for "AB" zoning on the other land but
in his opinion, a residential neighborhood backing up to the Armory which is to
the south is not very desirable. He expressed the opinion that Exhibit D
satisfies both the City and the School District's objections. He expressed the
opinion, also, that if the City forces them to establish two cul-de-sacs, the
lots will be smaller than others in the area.
Mayor Pro Tem Turner stated that there is a need to establish objectives.
She pointed out that the Council wants to give the School District as much "AB"
zoning as possible but they also want to protect the residential character of
that neighborhood and assure that the lots will be large enough to encourage
good size homes.
Mr. Utter explained that the aim is to buffer the "AB" zoning with
residential zoning and if the "AB" zoning faces "R -1B" zoned lots, he is of the
opinion that this will present a problem in selling those lots. He stated that
cul-de-sac type construction of homes tends to sell very well because the lots
are secluded.
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September 4, 1984
Page 19
In regard to the strip along Lamont Street, the Council could require the
exact same size lots as those in the nearest neighborhood which would be across
Lamont Street. He stated that the Staff is of the opinion that two cul-de-sac
developments would sell pretty well but the more "AB" zoning granted, the more
difficult it will be to sell the residential lots. He informed the Council that
the Planning Commission was very aggressive and asked the Staff to make
recommendations and the more they studied it, the better the Planning Commission
recommendation seemed to be. He stated that if the Council preferred to have
the 97 -foot lots to have the same depth as the adjacent lots, the solution would
be to add approximately three more feet to each of the lots. Mr. Utter
continued by stating that this could be accomplished by a special permit but he
would not recommend that because the School District is responsible and they
will devise the best plan possible. He stated that the ordinance to be
considered has the inclusion of two cul-de-sacs.
Mr. Gary addressed the Council again and pointed out that if the School
District is received to create lots along Lamont Street, an existing building
will have to be demolished and if possible, they would like to retain that
building.
No one else spoke in regard to this zoning application.
A motion was made by Mayor Pro Tem Turner that the hearing be closed,
seconded by Council Member Berlanga and passed unanimously by those present and
voting.
The ordinance was described as follows: It provides enough space for two
cul-de-sacs into the area and the establishment of "AB" zoning as recommended by
the Planning Commission and Planning Staff.
Council Member Slavik stated that she felt that the Staff recommendation
will protect the neighborhood and would allow CCISD to sell the land.
Council Member McComb expressed the opinion that lots of 105 feet should be
established so that they will blend in with the neighborhood but he felt that
the building referred to located on the new lots that extend along Lamont Street
almost to Mildred Drive could be salvaged for "AB" zoning.
Mr. Utter referred to the already developed land across Lamont Street and
noted that the development across the street on Lamont fronts on Mildred Drive,
therefore, the property sides on Lamont Street. He stated for this reason, he
would not have any objection, if the traffic is limited to Everhart and that no
access be allowed to or from Lamont Street, to having that portion also zoned
"AB".
Mayor Pro Tem Turner inquired if the City Council made that concession, if
larger lots, similar to those in the neighborhood, could be established.
Mr. Utter stated that the Staff would have no problem in moving the "AB"
zoning line twelve feet and then the lots could be precisely 100 feet deep.
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September 4, 1984
Page 20
A motion was made by Mayor Pro Tem Turner that the zoning as recommended by
the Planning Commission and Planning Staff be approved with the exception of
the creation of lot depths of 100 feet and that the two lots included as "R -1B"
zoning on the portion of the tract that extends westward to Mildred Drive to be
zoned "AB" in order to retain the building that is located there.
The motion was seconded by Council Member Berlanga and it was noted that
the ordinance will be prepared for the following week.
The motion passed by the following vote: Jones, Turner, Berlanga, Brown,
Kennedy, McComb and Slavik voting, "Aye"; Guerrero and Mendez, absent at the
time the vote was taken.
*
24. Application No. 884-3, L.F.B. Properties: for a change of zoning from
"R-2" Multiple Dwelling District to "A-1" Apartment House District on Lot
12A, Block 1, Carroll Place Unit 7, located on the west side of Carroll
Lane, approximately 300' north of Holly Road.
Mr. Utter informed the Council that in response to the twenty-six notices
of the public hearing, five in favor, nine in opposition from within the area of
notification and two in opposition from outside the area of notification. He
stated that both the Planning Commission and Planning Staff recommend denial of
the requested zoning but in lieu thereof, that a special permit be approved for
a one-story fifty -unit apartment complex according to the site plan that had
been submitted.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area, showed slides of the vicinity and stated that
they wanted "A-1" zoning in order to construct more units and the next zoning
category from the "R-2" zoning would be "A-1" zoning which would allow 58 units.
He stated that the applicant only plans to construct 50 units, however.
Council Member Guerrero expressed opposition to the zoning case and
referred to the fact that down Carroll Lane in the vicinity of Panama Street is
the largest elementary school in the district; the largest high school in the
district is located in the vicinity; and also a day care center. He expressed
the opinion that this application should be denied and in fact, the property
should really be downzoned to "R -1B".
Mr. Wenger pointed out that the existing "R-2" zoning would allow 39 units.
Council Member Slavik inquired about the reasons for the written
objections, and Mr. Wenger read the letters and noted that most of them
indicated objections because of the increased traffic and the unstable character
of apartment dwellers.
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September 4, 1984
Page 21
Mayor Pro Tem Turner stated that Council Member Guerrero had made some
interesting observations and agreed that Carroll Lane is not the kind of street
to handle this kind of heavy traffic. She inquired as to why the Staff
supported a special permit in this particular area.
Mr. Wenger stated that the applicant previously had a special permit for
the 50 units but his special permit had expired. He stated that the Staff would
prefer that the zoning remain "R-2".
Mayor Jones invited the applicant to speak at this time.
Mr. A. C. Chapa, 4417 Bonner, stated that his mother lives near Council
Member Guerrero. He pointed out that as Mr. Wenger explained, the previous
Council had granted a special permit for 50 units but he and his associates did
not have their financing in order. He pointed out that it is already zoned
"R-2" and they could build a certain number of units per acre and they are only
asking an additional three units per acre which would not add much density. He
assured the Council that the property will be enhanced and they plan to
construct a very nice facility.
Mr. Sam Anzaldua, 3609 Capri, objected to the change of zoning because of
the traffic that will be generated. He also pointed out that there are a lot of
multi -family dwellings already existing in the neighborhood.
Mr. Chapa stated that it was his impression that Carroll Lane is going to
be widened, and Mr. Wenger stated that this portion of Carroll Lane is not
included in the widening plans.
A motion was made by Council Member Kennedy that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously by those present and
voting.
A motion was made by Council Member Guerrero that the request for change of
zoning for Application No. 884-3 be denied, seconded by Council Member Brown.
Mr. Guerrero inquired about the appropriate action for the Staff to
downzone this land to "R-18".
Mr. Chapa interjected that he had already obtained building permits for
"R-2" zoning and construction has begun.
Mayor Jones called for the vote on the motion to deny the application and
it passed by the following vote: Jones, Turner, Brown, Guerrero, Kennedy,
McComb and Slavik voting, "Aye"; Berlanga and Mendez, absent at the time the
vote was taken.
Council Member Guerrero continued by stating that he felt that it should be
downzoned anyway and stated that he will discuss this with the Staff.
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September 4, 1984
Page 22
Mr. Chapa reiterated that he has already started construction and they were
just asking for a special permit to allow eleven more units.
Mr. Utter stated that the Staff could, at the Council's direction, initiate
downzoning even if buildings are located there, and if the zoning application
should be approved, the buildings would be allowed to remain but would be
non -conforming use.
25. Application No. 784-15, Mr. Leon Stephen Loeb, Trustee: for a change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business
District on Lot 43, Block 1, Lexington Subdivision, located on the north
side of Johanna Street, east of Ayers Street.
Mr. Utter informed the Council that in response to the fourteen notices of
the public hearing that were mailed, three in favor and two in opposition had
been returned. He stated that the Planning Commission and Planning Staff both
recommended denial of this application; however, after talking to the applicant
who proposed something that might be possible and after he had spoken to a
neighbor who is very active in the neighborhood, the Staff now recommends a
compromise solution. He explained that the applicant plans the construction of
a shopping center and Mr. Loeb has agreed to install a screening fence if "B-4"
zoning is approved and prohibit any traffic exiting or entering from Johanna
Street. Mr. Utter continued his explanation by stating that in this entire
area, there has been a tremendous amount of pressure to obtain "B-4" zoning. He
reminded the Council that the City has spent a great deal of money in the
Lexington Subdivision to improve it and the Staff would not really object to a
special permit if a permanent screening fence were installed and if access were
prohibited from Johanna Street. He stated that they would also like to have the
screening fence pulled back from the property line with permanent landscaping to
be installed on the outside of the fence.
Mr. Wenger located the area on the zoning and land use map, described the
land use in the surrounding area and showed slides of the vicinity.
Mr. Stern Feinberg, 260 Circle, explained the previous application that had
been submitted on this case at which time they considered installing a hotel
project on Padre Island Drive. He stated that they feel that the land purchase
was a good investment and several hotel owners approached them to establish a
hotel there. He expressed the opinion that this would not have an adverse
effect on the neighborhood and stated that the applicants agree with the
compromise suggested by the Staff.
Mr. Leon Stephen Loeb, 3845 Ocean Drive, agreed that they had purchased
this land several years ago at which time they had agreed to no access from
Johanna Street. He stated that they would agree to provide a screening fence
that would be set back ten feet or more so that landscaping could be provided on
the outside of the screening fence. He informed the Council that he was not
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September 4, 1984
Page 23
sure that a hotel would be constructed there because of the flexible market but
they might construct a strip shopping center. He stated that they do not have
any immediate plans for the development but the application was made after they
were approached about purchasing the property which is adjacent to the property
that they own. He reviewed the use on Padre Island Drive in this vicinity and
stated that he does not think that there has been very much development on
Johanna Street because of its location south of Padre Island Drive. He assured
the Council that they would provide a good development and they will be happy to
establish the landscaping as mentioned by Mr. Utter. He stated that they would
not permit any curb cuts in the easternmost 275 feet of the property which is a
little more than one-half of the length of their property to assure that there
would be no access to the residential portion of Johanna Street.
Mr. Utter stated that the Planning Commission had not considered this
proposed compromise because it was worked out after the public hearing before
the Planning Commission.
Mayor Pro Tem Turner pointed out that since 1979, Johanna has been a street
that has had much difficulty in retaining the residential character of their
neighborhood. She stated that since the Code Enforcement Program had provided
funds to improve the neighborhood, she felt that it should be preserved.
Council Member Kennedy expressed the opinion that the neighborhood would be
protected by the proposed compromise.
Council Member Guerrero inquired if Mr. Loeb would consider a restriction
that it would only be used for a motel, and Mr. Loeb stated that they propose to
replat the land as one tract for the purpose of implementing the screening fence
with the ten -foot setback and the curb cut restriction for the residential
portion of Johanna. He stated that if they are going to acquire the property,
he did not see that it would make any difference whether it is for a shopping
center of for a hotel.
Council Member Berlanga expressed the opinion that the property on the
north side of Johanna will soon be business zoned since it fronts on Padre
Island Drive.
Speaking in opposition to the request was Mrs. Noe Morin who stated that
for the past sixteen years, she has been appearing before City Councils and
Planning Commissions in regard to zoning that affects Johanna Street in an
effort to retain their neighborhood. She stated that her home is valued at
approximately $100,000 but the rest of the neighborhood is deteriorating. She
stated that at the time the City Service Center was constructed, the residents
were informed that a screening fence would be constructed but that was never
done. She expressed concern about the constant encroachment.
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September 4, 1984
Page 24
Council Member Berlanga stated that he has some sympathy for the owners of
these lots but he feels sure that property fronting on South Padre Island Drive
will be zoned business. He also expressed the opinion that the travel of
eighteen wheelers down Johanna Street should be controlled by the Traffic
Department.
Council Member Guerrero stated that he concurred with Mrs. Morin's concerns
and urged that the requested zoning be denied as well as a special permit
because he was of the opinion that this older neighborhood should be protected.
Also speaking in opposition to the zoning request was Mr. Noe Morin who
expressed the opinion that since HUD contributed money for the improvement of
the neighborhood, he felt that they would object to rezoning this property for
business.
Mr. Utter stated that there are no restrictions as far as rezoning
neighborhoods that have been granted Code Enforcement funds.
Mr. Mark Gray stated that he owns property adjacent to the subject property
and he is concerned about the proposed screening fence with landscaping and he
asked about the length of the fence.
Mr. Utter stated that the fence would extend between the subject property
and the residential zoned property and then extend west down Johanna Street.
A motion was made by Council Member Guerrero that the hearing be closed,
seconded by Mayor Pro Tem Turner and passed unanimously.
A motion was made by Mayor Pro Tem Turner that the Council concur with the
recommendation of the Planning Commission and Planning Staff and deny the zoning
of "B-4" for Application No. 784-15.
The motion was seconded by Council Member Slavik and passed by the
following vote: Jones, Turner, Berlanga, Brown, Guerrero and Slavik voting,
"Aye"; Mendez, absent at the time the vote was taken; McComb, abstaining.
Mayor Jones referred to a recent meeting and stated that he objected to a
Traffic Planner making a presentation on a traffic plan for Padre Island Drive
when the Council is not aware of such a traffic plan. He stated that he would
like to suggest that this be scheduled as a Workshop Meeting discussion as soon
as possible and Mayor Pro Tem Turner concurred.
Mayor Pro Tem Turner stated that she would also like to have Mr. Larry
Wenger make a presentation on land use to the City Council.
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September 4, 1984
Page 25
Mayor Jones stated that it was his understanding that the Planning
Commission was designated to discuss planning rather than just zoning cases and
he, too, suggested a Workshop Meeting to discuss land planning in the area
outside the City limits that is rapidly developing.
Deputy City Manager Ernest Briones stated that the City Staff is now
working on a comprehensive plan on the area outside the City limits; it is
progressing well; and he thought that the Planning Commission was doing what was
requested of them. He stated that this comprehensive plan will include all of
the land in the growth area of the City, including the land bordering the Oso.
Mayor Jones called for Petitions or Information from the Audience on
Matters not Scheduled on the Agenda.
Mr. Clay Moore, 325 South Morningside, presented to the Mayor a book on a
public hearing on water conservation from many years ago. He explained water
saving measures he had taken. He referred to the book that he had brought with
him and stated that even though the public hearing reported in the book had to
do with pollution control, it mentioned that a drought occurs in Corpus Christi
every five or six years. He suggested the construction of a series of small
dams that would not silt to help resolve this problem.
Assistant City Manager Tom Utter introduced to the City Council his new
Administrative Assistant, Mr. Norberto Viamonte.
There being no further business to come before the Council, on motion by
Mayor Pro Tem Turner, seconded by Council Member Guerrero, and passed
unanimously, the Regular Council Meeting was adjourned at 6:30 p.m., September
4, 1984.
*
DZ/rr