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HomeMy WebLinkAboutMinutes City Council - 09/10/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 10, 1985 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Associate Pastor Dennis Miller of First Assembly of God, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Frank Mendez. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. A motion was made by Council Member Mendez that the Minutes of the Regular Council Meetings of August 27, 1985 and September 3, 1985 be approved; seconded by Council Member Bill Pruet; and passed unanimously. Mayor Jones announced presentations on the following items: 1. Homeport Update. Mr. Joe Moseley, of the G. E. I. Homeport Project Office, provided a report on the efforts of homeport. He stated that G. E. I. was selected to serve as the project office by the Port of Corpus Christi Authority. Mr. Moseley displayed a map of Ingleside showing the site of homeport and explained the MICROFILMED Minutes Regular Council Meeting September 10, 1985 Page 2 battleship and support vessels that will come to this area. He also reminded the Council that the aircraft carrier, the Lexington, will be assigned to the Port. Mr. Moseley continued by explaining the direct impact homeport will have on this area's economy, including Navy personnel with a payroll of *100,000,000 a year for uniformed and civilian persons. Mr. Moseley continued by reviewing the events that have occurred in the past few years that resulted in the City of Corpus Christi being named for the Homeport on July 3, 1985. Mr. Moseley then explained the steps to be taken, including improvements valued at *500,000,000 in order for operations to commence in 1990. He referred to the *25,000,000 authorized by the State for Homeport which will be awarded to Corpus Christi, noting that the plans for the use of those funds will be forthcoming. Discussion followed on the date of the next Homeport update, and City Manager Martin suggested that the Task Force be allowed to determine when the planning stages have reached the point that an update is necessary. 2. Recognizing the "Citation of Merit" presented to the City of Corpus Christi and the architectural firm of Bennett, Martin & Solka for the design of the Northwest Branch Library. The award was made by the Corpus Christi Chapter of the American Institute of Architects. City Manager Martin explained that the City has a number of structures that are viewed by many outsiders as being outstanding architecturally. He explained that the Northwest Branch Library is one of those and the Corpus Christi Chapter of the American Institute of Architects has presented to the City of Corpus Christi and the architectural firm of Bennett, Martin & Solka a Citation of Merit for the design of the Northwest Branch Library. Mr. Martin then recognized Mr. Ralph Bennett and Mr. Jack Solka of the architectural firm who designed the Northwest Branch Library. Mayor Jones then administered the oath to the following new appointments to Boards and Commissions: Mr. Lon Hipp, Corpus Christi Business Development Commission; Mr. Buddy Seeds, Jr., Loan Review Committee/Corpus Christi Housing Improvement Corporation; Dr. Wallace Graham, D.V.M., Animal Control Advisory Board; Mr. Raymond Perez, Human Relations Commission; Mrs. Abby Saenz, Citizens Advisory Health Board; and Mr. Luis Munoz, Private Industry Council. Mayor Jones called for appointments to Boards and Committees and reviewed those discussed during the morning Workshop Meeting. Council Member Mendez pointed out that the appointment to the Ambulance Advisory Council should have been an industry representative rather than Dr. Charles W. Kennedy, Jr. 'mutes ;ular Council Meeting .,eptember 10, 1985 Page 3 Council Member Guerrero concurred, stating that this appointment takes away from citizen input and puts it strictly in the medical profession. Mayor Pro Tem Best expressed the opinion that Dr. Kennedy would be an asset to this Board since he was previously on the City Council and is a physician. Council Member Berlanga stated that he would abstain on the vote to approve the appointment of Ms. Jane Berlanga to the Solicitations Commission. City Manager Martin noted that Mr. Juan Rosenbaum was listed as an Ex -Officio appointment to the Corpus Christi Business Development Commission and stated that this should not be confirmed at this time because the ordinance must be amended to indicate that the President of the Mexican American Chamber of Commerce would be a member of the Commission. Council Member Mendez again stated that he felt that the Council should appoint a member to the Ambulance Advisory Council from the public at large. He stated that he is not opposed to the appointment of Dr. Kennedy but he felt that there should be a citizen at large appointed instead. A motion was made by Council Member McComb that the following appointments be confirmed, seconded by Mayor Pro Tem Best and the motion passed as follows: Jones, Best, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye" on all of the appointments; Berlanga voting "Aye" on all of the appointments with the exception of the appointment of Jane Berlanga to the Solicitations Commission on which he abstained; and Guerrero voting "Aye" on all of the appointments with the exception of the appointment of Dr. Charles W. Kennedy, Jr. to the Ambulance Advisory Council on which he voted "No". a. Corpus Christi Business Development Commission: (Nominated by the Mayor and appointed by the City Council) Term: Richard King, III (Chairman) 1-26-88 Tony Bonilla, Sr. 1-26-86 Loyd Neal 1-26-86 John Crutchfield (Advisory) b. Ambulance Advisory Council: Charles W. Kennedy, Jr. (City) c. Park and Recreation Board: 8-08-88 Joe Martinez (Reappointed) 8-23-87 George Sanchez (Reappointed) 8-23-87 Rene Gaytan (Reappointed) 8-23-87 Joanne McNeill (Reappointed) 8-23-87 Guadalupe Valdez 8-23-87 Dr. Bill Colson (advisory) Minutes Regular Council Meeting September 10, 1985 Page 4 d. Landmark Commission: Manley Springs (Reappointed) 11-20-86 e. Solicitations Commission: Jane Berlanga Walter DeVille Dr. Oscar M. Garcia C. W. (Chile) Vetters (Advisory) 7-10-88 7-10-88 7-10-88 Mayor Jones called for Consideration of the following Consent Motions: 1. Approving the purchase of 14,700 feet of 12" PVC pipe to be used by Wastewater Services, from C. C. Pipe & Supply, based on low bid meeting specifications in the amount of $69,531. 2. Approving and authorizing the submission of a D.W.I. 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 the D.W.I. offender. The grant period will be October 1, 1985 through September 30, 1986 with the City cost, which is included in the 1985-86 budget, totalling $50,054 (257 through May 14, 1986, $22,197 and 507 through September 30, 1986, $27,857). The State contribution totals $94,457. 3. Accepting the Corpus Christi Beach Site Development project and authorizing final payment of $41,833.25 to E. J. Netek Construction Company. It is further recommended that the contractor be granted a 76 -day time extension due to material delivery delays and extra work authorized by change order. The total cost of this 9th Year Community Development Block Grant project is $341,705.71, which is supplemented by a matching grant from the Texas Parks and Wildlife Department. 4. Approving the City Manager's recommendations regarding an advance refunding of general obligation debt and authorizing the City Manager to take the necessary steps to proceed with the advanced refunding program and the sale of the remaining authorized bonds from the 1982 bond election. There were no comments from the Council, and Mayor Jones called for comments from the audience. Mr. David Slayman of ESCO Supply Company spoke in regard to Item 1 and stated that his company had submitted the low bid per unit price on Item 1 but that they had failed to list in their bid the delivery date. 'inutes gular Council Meeting September 10, 1985 Page 5 Mayor Jones informed Mr. Slayman that his bid was rejected because his company did not have a delivery date on the bid. Mr. Slayman informed the Council that his company had sent a letter to Mr. F. D. Glenn, the Purchasing Agent, on September 5th, the day after the bids were received, stating that their delivery date would be fourteen days after bid award. Council Member McComb inquired if the delivery date requirement was included in the bid specifications, and Mr. Slayman stated that it was listed in one place but they had a little difficulty preparing their bid because of a price change shortly before the time the bids were to be submitted and they failed to include the delivery date on the bid. City Manager Martin informed the Council that the specifications mentioned the requirement for delivery date in three different places. He stated that ESCO is a good company, but since the delivery time would be a determining factor which must be taken into consideration, the recommendation was made to award the contract to the second low bidder. He assured the Council that the delivery date is a definite factor and the Legal Department has made that determination for the Purchasing Department. He agreed that it is possible for the Council to waive that irregularity but the Staff is still recommending the award to the second low bidder. In response to one of the Council Member's question, Mr. Slayman stated that the difference in their bid was 5C per unit for a total of $735 difference in the two bids involved. Mayor Jones noted that ESCO Company has bid a large number of times, either in this City or in other cities, and if the Council waives this irregularity, there may be a problem in the future. Mr. Slayman again urged that the Council award the bid to ESCO. Discussion followed on Motion No. 4. Mr. Carlos Sharpless, Texas Capital Markets Group, informed the Council that his company would like to be involved in the City's transactions on this item and be included as a part of the team with Dillon & Read and Smith Barney. He reminded the Council that they have made a local commitment to the City of Corpus Christi on the Furman Plaza development as well as Kinney's Landing on which they are presently in the process of funding, both of which are in the downtown area. He stated that his firm has performed a great deal of work in Corpus Christi in connection with those projects and they feel that their underwriting and sales are very good. He explained that they have been involved in both the refunding operations in Austin and San Antonio. He stated that their firm is Texas owned and operated; they have twelve professionals in the finance group covering Austin, San Antonio and the South Texas area. He urged that the Council consider adding them to the list of participating financial institutions. Minutes Regular Council Meeting September 10, 1985 Page 6 Council Member Berlanga stated that he was of the opinion that the Council should consider one more group to be added for this project and he felt that Capital Markets has made an effort to prove that they are capable. He mentioned their success on bond projects in San Antonio. A motion was made by Council Member Berlanga that Texas Capital Markets be added to the list for the bond sale. The motion was seconded by Council Member Mendez. Council Member Pruet inquired of Mr. Sharpless if he recalled when he was notified of the plan to refund the bonds, and Mr. Sharpless stated that he was never notified directly but he became aware that the City was considering proposals. He stated that they did not submit a proposal because they were not aware that the City was taking action this quickly. Mr. Pruet continued by stating that it was his understanding that one of the Staff members suggested to Mr. Sharpless that he present his proposal and informed him where it should be submitted. Mr. Sharpless stated that Mr. Juan Garza, Director of Finance, gave him the name of Jim Seal as the person to whom the proposal should be sent. He stated that his company could not lead an operation such as this but they do feel that they should be consider as a co -manager. Council Member Pruet questioned the wisdom of adding another company at this late date when there are many other firms who would also like to be involved. Council Member Mendez stated that he was concerned that there should be no adverse effect in including Texas Capital Markets but he would like to do so if there is no adverse effect because that firm has made a commitment to the City for financing for the Furman Plaza and for Kinney's Landing when other companies would not do so. City Manager Martin stated that he sees no adverse effect for the City in doing this. Council Member McComb stated that he has some concern about adding this firm when there are other representatives present in the audience who would also like to be included such as Eppler, Guerin and Turner as well as others. He questioned the statement that this company has made a commitment to Corpus Christi. Mr. Sharpless reiterated that they purchased bonds for the Furman Plaza whereas other banks refused to do so. He stated that this was a good indication that they had faith in the development of downtown Corpus Christi. Chutes ;gular Council Meeting September 10, 1985 Page 7 Mr. Ray Smith, 3219 Jamaica, representative of Eppler, Guerin and Turner, pointed out that his company has been in Corpus Christi since 1973; they have submitted many proposals to the City; they were the co -underwriters for the loan program for single-family dwellings some time ago; and they have had other experience with the City. He explained that the normal procedure is for the City to select an underwriter and the underwriter forms the group of co -underwriters and he felt that it is possible to have too many firms involved. Mr. Buddy Seeds stated that he agreed with Council Members Berlanga, Guerrero and Mendez that Texas Capital Markets should be included as a part of this co -management group. He explained that they have been involved in the Kinney's Landing and the Furman project and they had encountered a great many difficulties in placing the bonds because none of the local financial institutions would even participate in the projects. He stated that Texas Capital Markets is a good firm and they are totally involved in projects funded by bonds here in Corpus Christi. Mayor Pro Tem Best inquired of the City Manager about the amount of money that this program would cost the City and how much money the City will actually save. City Manager Martin explained that by the action today, the Council is just authorizing the Staff to go forward with the structure; they will have various opportunities to save money for the City; but they will have to complete the structuring of the deal before it will be known exactly how much will be saved. He reiterated that the number of firms involved will have no effect on the procedures. Council Member Pruet asked about the ability to sell bonds. City Manager Martin explained that if Texas Capital Markets is named to the list of co -managers, they will be assigned term bonds to sell; term bonds right now are very attractive; they would be assured of the opportunity to sell some of the more attractive bonds in the program; and explained that the discussion involves approximately $120,000,000 in bonds. He stated that the cost of issuance could be well over $1,000,000. Council Member Guerrero called for the question on the motion to add Texas Capital Markets and it failed to pass by the following vote: Berlanga, Guerrero and Mendez voting, "Aye"; Jones, Best, McComb, Pruet and Strong voting, "Aye". Council Member Slavik stated that she will abstain from voting on Item 4 because she feels that she needs more information. A motion was made by Council Member Guerrero that Consent Motions 1 through 4 be approved, seconded by Council Member Strong. Mayor Jones suggested that the Council vote on Items 1 through 3 separately from Item 4 and the motion passed unanimously to approve Motions 1 through 3. Minutes Regular Council Meeting September 10, 1985 Page 8 City Manager Martin referred again to Item 4 and noted that apparently there is a major Council split on restructuring the bonds or on the parties involved. He reiterated that this is a major effort and he would like to have the Council concur in the actions to be taken. City Manager Martin then suggested that the Council vote on the three separate recommendations as listed in his memorandum dated September 6, 1985 containing an explanation of the refunding of the General Obligation Debt. He suggested that with three separate votes on the three parts, the vote might not have such a detrimental effect on the actions to be taken. Council Member Mendez then made a motion to approve items 1, 2, and 3 as listed below: 1. Selection of Solomon Brothers, MBank, and Texas Commerce Bank as the lead undewriters to manage this refunding and include DIllon and Read and Smith Barney as part of team. 2. Authorize me to prepare he necessary restructuring to bring back to the City Council for final approval in October the refunding package for our general obligation debt consistent with the objectives listed above, and 3. To take the necessary steps to prepare for the sale of the approximately 13 milion dollars in voted, but unissued bonds. The motion was seconded by Council Member Strong. City Manager Martin pointed out that Mayor Jones' vote on the portion of this item pertaining to MBank should be an abstention to avoid a possible conflict of interest since the Mayor has signed an affidavit to the effect that he has stock in that company. Motion No. 4 passed by the following vote: Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Strong voting "Aye" on the entire item; Jones voting "Aye" on all of the items, except on the portion on MBank on which he abstained; Slavik, "abstaining". * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 5 through 8. Council Member Guerrero referred to Ordinance No. 5 which pertains to approval of a special permit for the zoning application of Dr. Marco T. Eugenio and reminded the Council that it will require six affirmative votes to approve this special permit. He stated that he did not believe that this is what the applicant wanted anyway. "inutes gular Council Meeting .,eptember 10, 1985 Page 9 Discussion followed in regard to the "right turn only" exit sign to be placed on Williams Drive. Mayor Jones expressed the opinion that this will not be strictly enforced by the police or the owners but most people would have a tendency to turn right on Williams Drive going towards Staples from such a parking lot. Mrs. Mercedes Eugenio informed the Council that she and Dr. Eugenio are in concurrence with the special permit as recommended by the City Council. City Secretary Chapa polled the Council for their vote on the ordinance approving the special permit and the following passed: 5. ORDINANCE NO. 19003: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF MARCO T. EUGENIO BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT WITH A "RIGHT TURN ONLY" EXIT SIGN ON LOTS 14 AND 15, BLOCK 4, GARDENDALE NO. 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Best, Berlanga, Guerrero, McComb, Pruet, Slavik and Strong voting, "Aye"; Jones and Mendez voting, "No". There were no comments from the audience on the remaining Consent Ordinances. City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 6. SECOND READING: AUTHORIZING THE EXECUTION OF LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A TWO YEAR TERM FOR A 700' X 320' TRACT OR PARCEL OUT OF THE HOLLY ROAD RESERVOIR FOR A RECREATIONAL AREA, FOR ITS LITTLE LEAGUE PROGRAM, WITH THE LEAGUE PROVIDING ADEQUATE SECURITY, MAINTENANCE, AND INSURANCE. The ordinance was read for the second time and passed to its third reading by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent at the time the vote was taken. 7. THIRD READING - ORDINANCE NO. 19004: CONSENTING TO THE ASSIGNMENT OF THE NUECES BAY BAITSTAND LEASE FROM CHARLES M. HARRIS TO KENNETH SCHENA. Minutes Regular Council Meeting September 10, 1985 Page 10 The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent at the time the vote was taken. 8. THIRD READING - ORDINANCE NO. 19005: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SECOND BAPTIST CHURCH FOR THE ANNEXATION OF APPROXIMATELY 5.64 ACRES OF LAND OUT OF LOTS 23 AND 24, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; 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; The ordinance was read for the third time and passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent at the time the vote was taken. * * * * * * * * * * Mayor Jones called for consideration of the Ordinances from the Regular Agenda on Items 9 and 10. In reference to resolution urging the United States Congress to enact no legislation to tax or restrict the continued issuance of tax-exempt obligations by state and local governments, Council Member Slavik stated that she is in favor of the resolution but she wanted to express her concern about the issuance of tax-exempt bonds for private developers. There were no comments on Ordinances 9 and 10; City Secretary Chapa polled the Council for their votes; and the following ordinances passed: 9. RESOLUTION NO. 19006: URGING THE UNITED STATES CONGRESS TO ENACT NO LEGISLATION TO TAX OR RESTRICT THE CONTINUED ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY STATE AND LOCAL GOVERNMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent at the time the vote was taken. 10. ORDINANCE NO. 19007: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. "tnutes gular Council Meeting .,eptember 10, 1985 Page 11 The Charter Rule was suspended and the resolution passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Strong, absent at the time the vote was taken. * * * * * * * * * * Mayor Jones announced the public hearings on five zoning applications. 11. Application No. 885-1, Mr. Roger J. Seaman, Jr.: For a change of zoning from "R-2" Multiple Dwelling District to "T -1B" Mobile Home Park District on a tract of land being 22.00 acres out of Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road extension, approximately 1, 900 feet west of Flour Bluff Drive. Assistant City Manager Tom Utter informed the Council that in response to the two notices of the public hearing that were mailed, none in favor and one in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend approval but because of the one letter in opposition, the 20% rule is in effect. 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 land is vacant, and showed slides of the vicinity. He stated that there are some industrial uses adjacent to Flour Bluff Drive and noted that this tract of land is an extension of the "T -1B" zoning that was previously approved directly adjacent to this tract. He stated that the Staff recommends approval because the density will not be that much greater than that under the existing zoning. Council Member Slavik stated that she had been informed that the notices of the public hearing that were mailed were not sent to the correct land owners. Mr. Wenger agreed with Mrs. Slavik, stating that the list of property owners was provided by the Tax Office and a mistake was made in that the owners' addresses that were provided his office was actually for land that was south of the 200' area. He assured the Council that the mistake was corrected before the notices were sent for the City Council public hearing. Mayor Jones called on the applicant to speak. Mr. Roger J. Seaman, Jr., 930 Oriole, stated that the subject property adjoins the tract that already has "T-18" zoning. He noted that only one letter of opposition was received prior to the Planning Commission hearing and that was from an owner who lives 900 feet from this property and will not actually be affected by the change of zoning. Re expressed the opinion that the sale and development of this land will actually improve this area and assured the Council that the mobile home park will be an outstanding operation. Minutes Regular Council Meeting September 10, 1985 Page 12 Dr. Y. S. Jenkins, Jr. addressed the Council and stated that he is co-owner of the property directly south of the subject tract of land and neither he nor his partner were notified of the Planning Commission public hearing. He stated that even though he was aware of the City Council public hearing, he did not waive his right of notification of the Planning Commission meeting. He stated that he felt that they could have expressed opposition and the Planning Commission might have made a different recommendation. Dr. Jenkins then presented a petition containing 31 signatures from area property owners expressing opposition to the change of zoning because of the possible detrimental effect on their property. He expressed the opinion that obviously, there have been errors made on the preparation of the notification list on this case and other zoning applications. He stated that he has considered purchasing this property because the decision to locate homeport made this property much more attractive and he explained that the request for a change of zoning to "T -1B" has been detrimental to the sale of his property for which he intended single-family dwellings. Re recommended that this be referred back to the Planning Commission and that proper notification be made. He stated that when the other property was rezoned approximately 1} years ago, as the co-owner of the property with his brother, he was not notified of the hearing at that time either. Mayor Pro Tem Best inquired if a case had ever been referred back to the Planning Commission because of improper notification, and Mr. Wenger stated that zoning applications had been referred back to the Planning Commission but not for that reason. Mayor Jones expressed the opinion that if the City Council does not make a decision at this time, everyone will be penalized. He pointed out that most of the interested people are present at this time. Council Member Mendez stated that he felt that the decision should be made today because all of the opposing views can be heard and Dr. Jenkins is apparently the only property owner within the 200 -foot area of notification. Dr. W. Bennett stated that he lives within the 200 -foot area; he has owned his property for fifteen years and has lived there for five years; and they have spent a great deal of money in improvements to the property. He stated that they are very much opposed to a mobile home park in their area. He pointed out to the Council that the subject property owned by Mr. Seaman is in very bad condition and has become a dumping ground. He expressed the opinion that approval of "T -1B" zoning will decrease the value of their property. He stated that they are of the opinion that there are already too many mobile home parks in the Flour Bluff area. Mayor Pro Tem Best pointed out that Mr. Seaman plans to construct a mobile home park on the property that is already zoned "T -1B" and inquired of Dr. Bennett if he did not feel that a developed mobile home park would be preferable to the undeveloped, unkempt tract of land that is there now. Minutes !gular Council Meeting ,eptember 10, 1985 Page 13 Dr. Bennett stated that they were very disturbed that the other tract was zoned for a mobile home park and would have protested if they had known it was being considered in 1983. Mr. 0. J. Douglas, who resides on Flour Bluff Drive, called to the Council's attention the number of trailer parks in the Flour Bluff area, noting that if this is approved, there will be five trailer parks in the vicinity. He noted that there is a very nice addition in the area called Roscher Estates. He urged that the Council not approve this change of zoning. Mrs. Delores Jenkins Smith stated that she is co—owner of the property owned by Dr. Jenkins. She explained that she had met with Mr. Seaman some time ago, at which time he showed her plans to establish a country club on the property. She stated that she had questioned why Mr. Seaman did not request "T -1B" zoning on all of the property in 1983. Mrs. Smith also stated that she was not notified of the Planning Commission hearingon this particular application, yet she has a tax statement that shows that she is the owner of the property. Mr. Melvin Stringfellow, a realtor, stated that he has been attempting to sell a piece of property in the immediate vicinity of this tract of land and he stated that his buyer would still be interested in the property unless this particular tract is zoned "T -1B". He also mentioned that there are two tracts of land in Flour Bluff that have been zoned for trailer parks that have not been developed yet. Mr. Buddy Seeds, 1705 Graham Road, stated that he was involved in this property with Mr. Seaman and they wanted to develop quality trailer parks. He stated that he did not see how a good trailer park could decrease the value of the homes in the vicinity. He explained that if a trailer park is developed properly with screening fences, there should not be any objection to such development. Mr. Sonny Ewing, 3730 Castle River Drive, stated that he lives next to a trailer park and it has not adversely affected the sale of the homes in the area of his home. He stated that he felt that a quality trailer park makes a good neighbor. Mr. Glen Johnson, 2733 Retta Drive, stated that he formerly owned the subject property. He pointed out that there are a tremendous number of investors attracted to Corpus Christi and he is of the opinion that there is a need for land for mobile home parks. Mr. Sid Smith, 4506 Bluefield, stated that he is opposed to the rezoning of this property because there is no need for an additional mobile home park in this area. A motion was made by Council Member Guerrero that the hearing be closed, seconded by Mayor Pro Tem Best. Minutes Regular Council Meeting September 10, 1985 Page 14 Mrs. Lea Burns stated that she lives in the Flour Bluff area and she understood that there is a moratorium on installing so many trailer homes in Corpus Christi. Mayor Jones stated that he was not aware of any moratorium. Mr. Seaman addressed the Council financing land sales anymore and if he the neighborhood, he would not construct he has just recently purchased the Magic zoning. The motion to close again and stated that banks are not thought that a trailer park would hurt them at this location. He stated that Isles property to be developed as "B-4" the hearing passed unanimously. Council Member McComb inquired if "T -1B" zoning required paved streets, sidewalks, etc. as other subdivisions do. Mr. Wenger pointed out that this is not a mobile home subdivision, it is a mobile home park and even though they are required to have paved streets, the streets are not accepted by the City and do not have to meet City standards. City Secretary Chapa polled the Council for their vote on the ordinance effecting the zoning change and the following was passed: 11. ORDINANCE NO. 19008: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF ROGER J. SEAMAN, JR. BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOTS 8 AND 9, SECTION 40, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS FROM "R-2" MULTIPLE DWELLING DISTRICT TO "T -1B" MOBILE HOME PARK DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * * 12. Application No. 885-3, Boat N' Net, Inc., W. S. Lee, President: For a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a tract of land being 7.5± acres out of Lot 13, Section 5, Range VIII of the Gugenheim and Cohn Farm Lots, located east of the intersection of and between Old Brownsville and West Point Roads. Mr. Utter informed the Council that there was no response to the notices of the public hearing and both the Planning Commission and Planning Staff recommend approval of this application. No one spoke in opposition to this zoning application. Minutes gular Council Meeting eptember 10, 1985 Page 15 A motion was made by Mayor Pro Tem Best that the hearing be seconded by Council Member McComb and passed unanimously. Mr. Wenger located the area on land use in the surrounding area and City Secretary Chapa polled the ordinance passed: 12. ORDINANCE NO. 19009: closed, the zoning and land use map, described the showed slides of the property. Council for their votes and the following AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BOAT N' NET, INC., W. S. LEE, PRESIDENT, BY CHANGING THE ZONING MAP IN REFERENCE TO A PORTION OUT OF LOT 13, SECTION 5, RANGE VIII OF THE GUGENHEIM AND COHN FARM LOTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Guerrero, McComb, Mendez, Pruet and Slavik voting, "Aye"; Berlanga and Strong, "absent at the time the vote was taken". * * * * * * * ** 13. Application No. 785-16, Messrs. Bob Clawson and M. Z. Sanders: For a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a tract of land being the northern portion of Lots 29 and 30, Block 1, Lexington Subdivision, located approximately 130' north of Johanna Street and 110' south of South Padre Island Drive, 500' west of Richter Street. Council Member McComb stated that in order to avoid a conflict of interest, he would depart the Council Chamber and will abstain from the discussion and voting on this case. Mr. Utter informed the Council that in response to the eighteen notices of the public hearing, four in favor and four in opposition had been returned. He informed the Council that both the Planning Commission and Planning Staff recommend denial of "B-4" and in lieu thereof, that a special permit for parking lots be approved, subject to the prohibition of access to Johanna Street. Mr. Wenger located the area on the zoning and land use map, described the land use in the surrounding area and showed slides of the vicinity. He stated that the purpose of the application is to establish parking lots. He assured the Council that the site plan submitted shows no access to Johanna Street and includes the installation of screening fences along the property line. Minutes Regular Council Meeting September 10, 1985 Page 16 Council Member Slavik inquired about the depth of the lots on Johanna Street after this parking lot is constructed, and Mr. Wenger stated that they are 200 feet deep and after the parking lots are established, the lots will be 135 feet which is ample for construction of homes. Mayor Jones invited the applicant to speak. Mr. Bob Clawson explained that they are willing to accept a special permit for a parking lot; they have been parking cars there for a number of years; they do not plan to construct additional buildings; the land is already paved; and the only property owner who is opposed to the parking of the cars operates an electrical company out of his home. Re noted that a fence has already been installed. Speaking in opposition to the zoning application was Mr. Noe Morin, 2525 Johanna Street, who presented a petition with signatures expressing opposition to the parking lot. He stated that Mr. Clawson had constructed the parking lot and started using it without the proper zoning. He•also objected to the fact that Mr. Clawson has not cleaned his property even though he has been ordered to do so by Neighborhood Improvement Division. He stated that the type of houses that could be constructed on the remaining portion of the lots would be very small houses and pointed out that gas, water and sewer lines are located on this particular property. Mr. Utter responded to Council Member Strong's question by stating that the remaining lots will be 13,500 square feet which is almost twice as much as the minimum required for single-family dwellings. Council Member Guerrero referred to a previous zoning application for business on Johanna Street and expressed the opinion that this is another encroachment into the neighborhood on Johanna Street. Mr. Utter explained that the Staff usually supports Mr. and Mrs. Morin because they have always worked with the Staff but the reason the Staff is recommending the special permit is because they do not feel that this would be an encroachment into the neighborhood. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Strong and passed unanimously. City Secretary Chapa polled the Council for their vote on the ordinance effecting the zoning change and the following ordinance passed: 13. ORDINANCE NO. 19010: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF BOB CLAWSON AND M. Z. SANDERS BY GRANTING A SPECIAL COUNCIL PERMIT FOR PARKING LOTS ON A PORTION OUT OF LOTS 29 AND 30, BLOCK 1, LEXINGTON SUBDIVISION; AND DECLARING AN EMERGENCY. +.nut e s .gular Council Meeting September 10, 1985 Page 17 The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Mendez, Pruet, Slavik and Strong voting, "Aye"; Berlanga and Guerrero voting, "No"; McComb, abstaining. * * * * * * * * * * 14. Application No. 885-2, Mr. John A. Rank, III: For a change of zoning from "A-1" Apartment House District to "B-4" General Business District on a tract of land being Lots 12A, 12B, 13A and 13B, Block 6, Flour Bluff Point, located at the southeast corner of Hermine and Dema Streets, approximately 200 feet north of South Padre Island Drive. Mr. Utter stated that in response to the eleven notices of the public hearing, three in favor and none in opposition had been returned. He stated that both the Planning Commission and Planning Staff recommend denial of the "B-4" zoning but in lieu thereof, that "B-3" zoning be granted. He explained that "B-3" is similar type of zoning which prohibits the installation of apartments but will allow other "B-4" uses. No one spoke in opposition to this zoning application. A motion was made by Council Member Berlanga that the hearing be closed, seconded by Council Member Pruet and passed unanimously. City Secretary Chapa polled the Council for their vote effecting the zoning change and the following passed: 14. ORDINANCE NO. 19011: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF JOHN A. RANK, III, BY CHANCING THE ZONING MAP IN REFERENCE TO LOTS 12A, 12B, 13A, AND 13B, BLOCK 6, FLOUR BLUFF POINT, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-3" BUSINESS DISTRICT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * * 15. Application No. 885-4, Lebasyr Heritage Society and The Living Classroom: For a change of zoning from "R -1B" One -family Dwelling District with a "SP" Special Permit to "AB" Professional Office District on a tract of land being Lot 2, Dirksen Tract, located on the east side of Flour Bluff Drive, approximately 1,000 feet north of Glenoak Drive. Minutes Regular Council Meeting September 10, 1985 Page 18 Mr. Utter informed the Council that in response to the five notices of the public hearing, two in favor and none in opposition had been returned. He stated that Dr. Dirksen who resides within the 200—foot area of notification had called and expressed opposition to the change of zoning but is not opposed to the revised special permit for the establishment of a Montessori School. He explained that the Planning Commission had recommended denial but in lieu thereof, that a revised special permit be approved for the Lebasyr Heritage Society and The Living Classroom subject to the previous timetable set by the City Council and that the parking layout be corrected on the site plan submitted with the driveway to be located on the south portion of the property to be paved by October of 1986. He stated that the Planning Staff makes the same recommendation with the stipulation that the parking lot located on the north corner of the property be paved prior to The Living Classroom occupying the building. Mr. Utter stated that the applicant concurs with the recommendation for the revised special permit. No one spoke in opposition to this zoning application. A motion was made by Council Member Mendez that the hearing be closed, seconded by Council Member Berlanga and passed unanimously. the City Secretary Chapa polled the Council for their vote on the ordinance and following passed: 15. ORDINANCE NO. 19012: AMENDING THE ZONING ORDINANCE UPON APPLICATION OF LEBASYR HERITAGE SOCIETY AND THE LIVING CLASSROOM BY GRANTING A REVISED SPECIAL COUNCIL PERMIT FOR AN ADDITIONAL USE, THE LIVING CLASSROOM, SUBJECT TO THE EXISTING SPECIAL PERMIT, AND THAT BOTH DRIVEWAYS AND THE NORTH PARKING LOT BE PAVED BY OCTOBER 1986, ON LOT 2, DIRKSEN TRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed by the following vote: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik and Strong voting, "Aye". * * * * * * * * * * Mayor Jones called for petitions and information from the audience on matters not scheduled on the agenda and there was no response. There being Council Member unanimously, the 10, 1985. DZ/rr no further business to come before the Council, on motion by Mendez, seconded by Council Member Berlanga and passed Regular Council Meeting was adjourned at 5:25 p.m., September * * * * * * * * * * *