HomeMy WebLinkAboutMinutes City Council - 11/05/1985Present
Mayor Luther Jones
Mayor Pro Tem Jack Best
Council Members
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
Minutes
City of Corpus Christi, Texas
Regular Council Meeting
November 5, 1985
2:00 p.m.
Assistant City Manager James K. Lontos
City Attorney Bruce Aycock
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order at 2:00 p.m. in the Council
Chamber of City Hall.
The invocation was given by Council Member Joe McComb, following which the
Pledge of Allegiance to the Flag of the United States was led by Miss Anita
McDonnel, a Del Mar College student.
City Secretary Armando Chapa called the roll and verified that a quorum of
the Council and the required Charter Officers were present to conduct the
meeting.
* * * * * * * * * * * * *
Mayor Luther Jones stated that the Sister City Program was celebrating its
20th anniversary. He then introduced the following delegation visiting Corpus
Christi from Yokosuka, Japan: Mr. Toshio Aizawa, Mr. Kazutaka Suzuki, Mrs.
Hisae Hirata, Mrs. Sumiko Fukuoka, Mrs. Midori Ukita, Mrs. Eiko Shibata, Mrs.
Hiroko Anzai, Mrs. Isoko Nakajima, Miss Hisako Suzuki, Miss Mika Inaba, and Miss
Yoko Ikeda.
Mayor Jones then presented
Marina.
Mr. H.C. Tijerina, Chairman
the City of Yokosuka, Japan, for
the program.
Mr. Aizawa with a photograph of the city's
of the Yokosuka Program, expressed gratitude to
the great significance that city has placed on
* * * * * * * * * * * * *
A motion was made by Council Member Linda Strong that the minutes of the
Regular Council Meeting of October 29, 1985 be approved as presented, seconded
by Council Member Bill Pruet, and passed unanimously.
* * * * * * * * * * * * *
vs RO FILMED
Minutes
Regular Council Meeting
November 5, 1985
Page 2
Mayor Jones announced the bid opening on the following item:
Animal Shelter Improvements, including the construction of a small
frame office building, an animal unloading shelter, an animal
depository, the demolition of the existing dispatcher's office and the
removal of the existing frame office building at the Animal Shelter
site on Navigation Boulevard.
Assistant City Manager James K. Lontos opened bids from the following:
Alabec General Contractors, Inc.; J.H. Chapman Construction Co., Inc.; Dan -Dahl
Construction Co.; Mehne Construction, Inc.; Zeller Company, Inc.; The Lerma
Company; and Aslan Corporation.
It was noted that all bidders had acknowledged the addendum and all except
Dan -Dahl Construction Company, had submitted the required bid bond. (It was
noted later in the meeting that a cashier's check had been included with the bid
of Dan -Dahl Construction Company)
Mayor Jones stated that the bids would be tabled for 48 hours, pursuant to
the requirements of the City Charter.
* * * * * * * * * * * * *
Mayor Jones called for Action of the Council from the Workshop Meeting on
the following board appointments:
1. a. Human Relations Commission: (Appointed by the Mayor with approval of
the Council)
Term:
Margaret Knodell (Reinstated) 6-14-86
Reverend Jimmy Miller (Reinstated) 6-14-87
b. Solicitations Commission:
Philip N. Bell 7-10-87
c. Corpus Christi Housing Improvement
Corporation/Loan Review Committee:
Monsignor Robert Freeman (Member of the Clergy) 5-07-88
Juan Gomez (architect) 5-07-88
d. Municipal Arts Commission: (Mayor's Appointments subject to
confirmation by the City Council)
Bruno Andrade (Reappointment) 9-01-88
Dr. William Patterson (Reappointment) 9-01-88
Jane Goode 9-01-88
Barbara R. McDowell 9-01-88
Wilson L. Pickering 9-01-88
Minutes
Regular Council Meeting
November 5, 1985
Page 3
e. Museum Advisory Board:
Judith Heaney (School) 9-01-88
Thomas R. Godbout (Friends of Museum) 9-01-87
Thomas B. Henderson (Friends of Museum) 9-01-88
Frank Wagner (Advisory)
Mrs. J. A. O'Brien (Advisory)
f. Electrical Advisory Board:
g.
Sam N. Beecroft (commercial bldg. industry) 12-31-85
Landmark Commission:
Gabriel Rivas, III (Reinstated) 11-20-85
Anita Eisenhauer 11-20-86
2. Appointing Todd Hunter and David Bonilla to serve as Co -Chairmen of the
Charter Review Commission.
A motion was made by Council Member Pruet that the appointments be
approved; seconded by Council Member Frank Mendez; and passed unanimously.
* * * * * * * * * * * * *
Council Member Leo Guerrero referred to a copy of a letter he had received
from FEMA, and Assistant City Manager Tom Utter explained that the letter was
received in the Mayor's Office and it reaffirms FEMA's position on the landmass.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions, items 1
through 8.
1. Approval of specifications and authorization to receive bids November 27,
1985, for a 20,000 GVWR cab & chassis with flatbed body and boomed
digger/derrick to be used by Traffic Engineering for drilling holes and
installing posts and poles for signal control systems. This item is
included in the 1985-86 Capital Outlay Budget. Estimated expenditure is
$50,000.
2. Approving a twelve month supply agreement with option to extend for an
additional twelve months, at the same terms and conditions, subject to the
approval of the supplier and the City Manager, or his designee, for poly-
ethylene gas pipe, valves, and related fittings to be used by the Gas
Division based on low bid and best bid to the following companies:
ESCO Supply Co.
Item 1 (4000 ft.) 1" pipe (low bid) $ 604.00
Item 2 (85,000 ft.) 2" pipe (low bid) 38,887.50
Item 3 (960) Misc. Fittings (best bid) 4,397.20
Total: $43,888.70
Minutes
Regular Council Meeting
November 5, 1985
Page 4
EPSCO, Inc.
Item 4, (80) 2" valves (best bid)
Item 5 (260) Risers (low bid)
TOTAL:
GRAND TOTAL:
$ 5,726.40
4,305.60
$10,032.00
$53,920.70
Twenty-two bids were issued, eight bids were received. Prices have
increased approximately 2% from previous open market purchases.
3. Approving the award of a contract to Shur Flo, Inc. for sliplining a 10"
waterline on South Water Street, based on the only bid submitted in the
amount of $16,000.
4. Approving the purchase of a 14' self-propelled chip spreader for the Street
Division seal coat program from Cooper Equipment Company in the amount of
$54,975, based on best bid. This unit is included in the 1985-86 Capital
Outlay Budget.
5. Authorizing Claude Chapman Construction Co., Inc. to close South Staples
Street to thru-traffic in the vicinity of Crossgate Subdivision, and
releasing the State of Texas from any liability as a result of sanitary
sewer construction on the Chapman contract. This section of Staples Street
would be open to local traffic during construction and it is anticipated
that the closure to thru-traffic will not last more than three weeks. A
20 -foot deep trunk sanitary sewer is being installed in this section of
Staples Street from Timbergate Drive to the north boundary line of 'Cie
Buckingham Estates Subdivision. (Attachment #3)
6. Granting a revocable easement to First City Bank which provides for the
installation of fifteen 3 -foot diameter, 25 -foot long piling approximately
three feet into the public right-of-way of Carancahua Street. The piling
will be under the sidewalk and will serve as a retaining wall to protect
Carancahua Street from the basement floor excavation of First City Tower
III. A fee of $100 is recommended for the easement grant. (Attachment #4)
7. Accepting the Purdue Road Improvements, Phase II project and authorizing
remaining funds of $95,519.46 to Claude Chapman Construction Co., Inc. The
total cost of this 1982 Street Bond project is $967,680.58, which included
the reconstruction of Purdue Road from Waldron Road to Flour Bluff Drive
and an approximate 700 -foot section of Purdue Road east of Waldron.
8. A motion to amend the ordinance amending the City Code, Article II, Marina,
by adding an amendment to Sec. 12-41, Applicability of Article, so as to
provide for federal law superseding any provisions of the ordinance.
Council Member Guerrero referred to motion 8, and Assistant City Attorney
Jay Doegey explained that this is necessary because Maritime Law regarding
documented vessels supersedes the City's ordinance.
Minutes
Regular Council Meeting
November 5, 1985
Page 5
There were no comments from the audience; a motion was made by Council
Member Mendez that motions 1 through 8 be approved; seconded by Council Member
Strong; and passed by the following vote: Jones, Best, Guerrero, McComb,
Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga absent at the time the
vote was taken.
Mayor Jones called for consideration of the Consent Ordinances, items 9
through 13.
Council Member Strong referred to the Purdue Road Improvements, Phase II
project, and commended the contractor, Claude Chapman Construction Company, for
completing the job in 72 working days, although they were allotted 200 working
days.
There were no comments from the audience on the consent ordinances; City
Secretary Chapa polled the Council for their vote as follows:
9. ORDINANCE NO. 19076
AMENDING ORDINANCE NO. 18865 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL
ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
1. Purdue Road, from Flour Bluff Drive to Waldron Road, and
2. Purdue Road, from Waldron Road easterly 840 linear feet;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga and
Guerrero absent at the time the vote was taken.
10. ORDINANCE NO. 19077
CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: HOWARD
STREET, FROM 19th STREET TO BEN GARZA PARK; FIXING A LIEN AND CHARGE, THE MANNER
AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga and
Guerrero absent at the time the vote was taken.
11. ORDINANCE NO. 19078
AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. ORTIZ CONSTRUCTION AND PAVING,
INC., FOR CURB AND GUTTER, SIDEWALKS, AND PAVING IMPROVEMENTS TO HOWARD STREET
FROM 19th STREET TO THE BEN GARZA PARK BOUNDARY; APPROPRIATING $75,000; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga and
Guerrero absent at the time the vote was taken.
Minutes
Regular Council Meeting
November 5, 1985
Page 6
12. ORDINANCE NO. 19079
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 1 IN CONNECTION WITH THE BAYFRONT SCIENCE PARK LAND EXPANSION PROJECT;
APPROPRIATING $222,700; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga and
Guerrero absent at the time the vote was taken.
13. SECOND READING
AMENDING ARTICLE II, MARINA, SECTION 12-41, APPLICABILITY OF ARTICLE, SECTION
12-60, WHAT PERSONS PERMITTED ON CATWALKS AND SLIPS, PROHIBITING UNAUTHORIZED
PERSONS TO USE THE MARINA; SECTION 12-61 RATES AND RENTAL FEES FOR USE OF SLIPS
AND DOCKSPACE - SCHEDULE AND REGULATIONS, BY ADDING DEFINITIONS FOR UNAUTHORIZED
CRAFT AND TEMPORARY CRAFT, SETTING DAILY RATES FOR TEMPORARY AND UNAUTHORIZED
CRAFT, REQUIRING TEMPORARY OR TRANSIENT CRAFT TO REGISTER UPON ENTRY IN THE
MARINA, AND SETTING PENALTIES FOR FAILURE TO REGISTER; SECTION 12-63, RESTRAINT
OF CRAFT WHEN NOT PAID, PROVIDING FOR TAKING UNAUTHORIZED CRAFTS INTO CUSTODY,
PROVIDING NOTICE AND SALE AT PUBLIC AUCTION FOR FEES, CHARGES, AND EXPENSES AND
COSTS OWED TO THE MARINA; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Bcst, McComb, Mendez, Pruet, Slavik, and Strong voting "aye";
Berlanga and Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following assessment
project:
South Padre Island Drive from Clare Drive to the north end of the Oso Bay
Bridges near Porter Street, providing for assessments of $311,912.66 for 55
items on the roll.
Assistant City Manager Lontos explained the procedure to be followed during
the assessment hearing in accordance with State law, and stated that Jay Doegey,
Assistant City Attorney, will conduct the formal portion of the hearing.
Mr. Doegey called as his first witness Mr. Gerald Smith, City Engineer.
Through questioning, Mr. Doegey determined that Mr. Smith is a Registered
Engineer in the State of Texas and has been employed by the City of Corpus
Christi for 25 years. Mr. Smith testified that he has a degree in Civil
Engineering from the University of Texas at Austin, and verified that he is
familiar with the project.
Minutes
Regular Council Meeting
November 5, 1985
Page 7
Mr. Smith explained that the assessment project extends from Clare Drive to
the north end of the Cayo del Oso Bridge; this is a freeway construction project
to include five overpasses; the State Highway Department prepared the plans and
specifications in conjunction with the City staff; bids were received by the
State six weeks ago; the low bidder was Heldenfels Brothers in the amount of
$25,515,785. He stated that the assessments are for the abutting property on
either side of the frontage roads; the staff has received the bid tabulation and
has prepared the assessment roll based on the assessment ordinance; and the
assessments are only for sidewalk, curb and gutter, and driveways.
Mr. Smith explained that the Council authorized the execution of an escrow
agreement for $722,000 for the City's share of this project; the City's share is
for curb and gutter, sidewalk, driveways, and 50% of the cost of the lighting;
the money has been appropriated and only a portion has been placed in escrow.
Mr. Smith stated that the project proposes construction of a 6" curb and
gutter section to be constructed on the outboard side of each frontage road and
a machine laid header curb will be constructed on the inboard sides; 4 -foot wide
sidewalks constructed 2 feet from the property lines; and 6 -inch thick driveways
to serve properties on the frontage roads. He stated that the property owners
had been notified of the assessments and the hearing. He stated that the
abutting property is assessed at $5.51/1.f. of 6" curb and gutter; $1.00/s.f. of
sidewalk; and $3.24/s.f. for driveways.
Mr. Smith stated that the project will take approximately 2 years to
construct; the Street Division has completed the relocation of Ennis Joslin
Road; the Water Division and Sewer Division have performed utility relocations;
and the existing Ennis Joslin has been officially closed by the Council subject
to relocation of this road.
Mayor Jones asked for an explanation of the costs.
Mr. Smith explained that the total project bid price is $25,515,785.95; the
State and Federal portion is $24,743,458.48; the preliminary assessments are
$306,045.64; and the City has appropriated $722,327.00 for the escrow fund.
In response to a question from Council Member McComb, Mr. Smith explained
that ultimately, the existing Ennis Joslin Road will be removed, but the
existing crossover will remain where it is until the new crossover across SPID
is constructed for the relocated Ennis Joslin.
Assistant City Attorney Doegey asked Mr. Smith to describe the present
conditions, and Mr. Smith stated that there are currently two separate frontage
roads with a large interior drainage channel, there are no sidewalks, drainage
ditches exist, and there are culvert -type driveways.
Mr. Smith stated that the community will benefit because all drainage will
be underground; the project is a beautification effort; and all properties will
be accessible by sidewalks.
In response to a question from Mayor Jones, Mr. Smith stated that a similar
project at Five Points was an assessment project, although at the time Padre
Minutes
Regular Council Meeting
November 5, 1985
Page 8
Island Drive was constructed from Ayers to Airline, the assessment program was
not in existence. He pointed out that the Council has always had the authority
regarding assessments.
Mr. Doegey called as his next witness, Mr. William J. Holly.
Through questioning of the witness, Mr. Doegey determined that Mr. Holly is
an independent fee appraiser/real estate broker; he has been in the real estate
business for 33 years; this is the 69th assessment project he has appraised for
the City; he is familiar with commercial and residential properties; he is
familiar with the project; he is familiar with each parcel and its corresponding
assessment; and he is familiar with the assessment roll.
Mr. Holly stated that currently there is no access to the properties;
ditches are located throughout the project; and the shoulders are rough and
dangerous. Mr. Holly stated that the property will be enhanced by removal of
the ditches, the traffic flow will be improved, and the frontage road will
enhance the property.
He stated that in his opinion, each piece of property will be enhanced in
the amount of the assessments with the exception of three items.
Mr. Holly stated that he is recommending the following changes in the
assessments:
Item 117 - Loyal Order of Moose 734
310.00 1.f. dedicated drainage easement within the
Designated FEMA Floodway.
Reduction in assessment as follows:
310.00 1.f. curb & gutter @ $5.51
1,240.00 s.f. sidewalks @ $1.00
Total Suggested Reduction
Total Assessment
Suggested Assessment Item 117
$1,708.10
1,240.00
$2,948.10
7,465.54
$4,517.44
Item 118 - Pat Huss & Chris Brown } Undivided
Interest - Roy Smith } Undivided Interest, Lots
9 & 10, Sect. 28, Flour Bluff & Encinal Farm & Garden Tracts
From estimated center of FLoodway, or from the Moose Lodge
Dedication, and running parallel to the Highway, this property
has very little depth, and no usable depth.
Reduction in assessment as follows:
500.00 1.f. curb & gutter @ $5.51 $2,755.00
2,000 s.f. sidewalks @ $1.00 2,000.00
Total Suggested Reduction $4,755.00
Total Assessment 14,424.67
Suggested Assessment Item 118 $9,669.67
Minutes
Regular Council Meeting
November 5, 1985
Page 9
Item 1128 - Sugar Tree Apartments, 11.277 acres
out of Hubler Tract
331.58 1.f. dedicated drainage easement within
the Designated FEMA Floodway
Reduction in assessments as follows:
331.58 1.f. curb & gutter @ $5.51
1,326.32 s.f. sidewalks @ $1.00
Total Suggested Reduction
Total Assessment
Suggested Assessment Item 1128
$1,827.01
1,326.32
$3,153.33
9,236.62
$6,083.29
Mr. Holly explained that these properties are shown on the FEMA Floodway
Map, and nothing can be built upon them, for to build would impede flood waters.
He stated that with respect to the three properties mentioned, all of the
properties will be enhanced at least in the amount of the reduced assessments.
Mayor Jones called for comments from the audience.
Mr. James Baker, 4930 Cain, representing The Moose Lodge, displayed to the
Council the ditch that is on the Lodge's property. He stated that since the
federal government forbids the use of this land, the Lodge should not be
assessed for that unusable portion. Mr. Baker stated that the Lodge is in
agreement with assessment, if the recommended reduction is included.
Mr. Smith pointed out that the city staff is in agreement with Mr. Holly's
recommended reductions.
Mr. Tim Clower, representing Mr. Ennis Joslin, inquired if the portion of
Mr. Joslin's property that is in the floodway was included in the reductions.
Mr. Smith stated that Mr. Joslin's property does not appear to be as low as
the other properties.
In response to a question from Mayor Jones, Mr. Smith stated that the staff
and Mr. Holly would review the piece of property mentioned by Mr. Clower and
report to the Council prior to passage of the ordinances.
A motion was made by Council Member Guerrero that the hearing be closed;
seconded by Council Member Mendez; and passed by the following vote: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong voting "aye"; Pruet
absent at the time the vote was taken.
Mayor Jones stated that since he is a member of the Moose Lodge, he would
not vote on the ordinances regarding the assessments next week.
* * * * * * * * * * * *
Mayor Jones announced the public hearing on one zoning case:
15. Application No. 985-9, Nueces Associates Ltd.: for a change of zoning from
"R -1B" One -family Dwelling District to "B-1" Neighborhood Business District
on Block 8, Cullen Place Unit 1 Subdivision, located on the east side of
Airline Road, approximately 483' north of McArdle Road.
Minutes
Regular Council Meeting
November 5, 1985
Page 10
Assistant City Manager Tom Utter stated that in response to the 47 notices
mailed of the public hearing, 2 were returned in favor; 24 were returned in
opposition; 2 were received in opposition from outside the notification area; 1
petition with 215 signatures opposing the rezoning was received; and 1 petition
with 245 signatures was received supporting a special permit for a single story
professional office building.
Mr. Utter stated that the Planning Commission recommends denial, and the
Planning staff recommends denial, but in lieu thereof grant a special permit for
a one story shopping center with the following specific conditions:
1. An eight (8) foot brick fence will be constructed along the entire
property line of Block 8 that abuts residential lots in the Cullen
Place Unit 1 Subdivision;
2. A ten (10) foot buffer area will be maintained between the developer's
brick fence and the service drive;
3. The buffer area will be planted with shade trees, excluding any palm
trees, and will function as a visual and sound buffer;
4. The service drive will be designated "one way" in the direction
beginning at Airline Road and ending at McArdle Road;
5. No alcohol or food will be served in any retail establishment nor will
any retail establishment be allowed to remain open 24 hours a day;
6. No retail store identification signs will be placed on the rear or
side of the buildings or placed so that the sign would project above
the maximum roof line of the building or be visible to the adjacent
homeowners;
7. All trash would be placed in containers in designated trash areas with
pick-up of said trash occurring during normal business hours (being
defined as 9:00 a.m. to 6:00 p.m.)
8. No business that creates strong offensive odors, fumes or dust, or
permits loud or shrill sounds;
9. No catering halls, theatre, movie theatre, off-track betting parlor,
bars, night clubs, discotheques, bowling alleys, head shops, car
washes, auto body shops, amusement centers, billiard parlor, funeral
parlor, automobile dealership, skating rink, adult book store, or
establishments selling, exhibiting, or distributing pornographic or
obscene materials, massage parlor, or used goods store;
10. No deliveries except during normal business hours (9:00 a.m. to
6:00 p.m.)
Mr. Utter stated that the 20% rule is in effect.
Mr. Larry Wenger, Director of Planning, displayed the area on the zoning
and land use map, described the land use in the surrounding area, and showed
slides of the area.
Mr. John Tatum, General Partner with Nueces Associates, gave background
information relative to the subject property, and stated that the school
district had requested rezoning on the tract at the corner of Airline and
McArdle; the request for "B-1" zoning was approved by the City Council; and the
Minutes
Regular Council Meeting
November 5, 1985
Page 11
school district did not apply for a zoning change on the subject tract at that
time, due to deed restrictions.
He stated that meetings had been held with the neighbors in the
subdivision; $100 was paid to each property owner, if they would sign a waiver
of the deed restrictions; 203 waivers have been signed and filed with the County
Clerk; and Nueces Associates is agreeable to the special permit as outlined in
the staff recommendation.
Mr. Johnny Cotten, Cotten/Landreth Architects, gave the Council copies of a
plan elaborating on the special permit; he reiterated that the applicant is in
agreement with the special permit; and he repeated the restrictions that would
be imposed on the property.
Mr. Cotten summarized his presentation and stated that the special permit
will ensure the greatest protection and privacy for neighborhood interests;
create a low profile physical structure with a wide setback/buffer; create
superior traffic circulation both within the development and onto Airline and
McArdle; be a better overall development for the area than 2 separate use
developments with poor circulation and traffic congestion created; be compatible
with existing zoning in the area; be consistent with previous zoning decisions
in the City; bring substantial economic benefits and jobs to the City; delight
the great majority of neighborhood homeowners who desire and support this
project as evidenced by their active role in petitions, surveys and deed
restriction waivers; and be the most economically feasible development.
Council Member Berlanga stated that he had received numerous telephone
calls from residents whose main concern is increased traffic on Belmeade and
Vance.
Mr. Cotten stated that it would make little difference, in that when the
school was at this location, parents traveled to and from the school to pick up
their children. He suggested that speed bumps be installed and signs indicating
"No Thru Traffic" be posted.
In response to a question from Mr. Berlanga, Mr. Cotten stated that an
assurance that property will not devaluate cannot be given, but pointed out that
the developer is doing his best to shield the residents from the shopping
center. Mr. Cotten pointed out that there are several shopping centers located
in neighborhoods, and those neighborhoods have not deteriorated.
Mr. Tatum spoke again and stated that the waiver that was executed by a
majority of the residents stated that they consented to the proposed use of the
property. He pointed out that the school is being demolished, and that portion
is already zoned "B-1", and the requested zoning is a logical extension of the
existing "B-1."
Mr. Tatum then recited the uses allowed in "AB" zoning and stated that the
special permit will control the size and density of the development; it is a
unified plan; and it will alleviate traffic congestion.
Minutes
Regular Council Meeting
November 5, 1985
Page 12
Mr. Tatum then gave a slide presentation of other shopping centers in the
City; i.e., Staples Street and Carmel Parkway, Six Points, Meadowbrook Shopping
Center, Cullen Mall, Holly Road and Everhart, Belair Shopping Center, HEB Center
at Gollihar and Kostoryz, Airline and Williams, Saratoga and Cimmaron, Weber and
Acushnet, Airline and Wooldridge, Lamar Park Shopping Center, and The Village at
Doddridge and Alameda.
Mr. Tatum reiterated Mr. Cotten's remarks regarding the advantages of the
special permit.
Mr. Tatum stated that he circulated a petition within the 200' notification
area; one of the signatures is in error; and he would like to withdraw that
petition.
Council Member Strong stated she was concerned about the City enforcing the
special permit.
Mr. Utter stated that when a violation is brought to the staff's attention,
an inspector would go to the property owner and ask for compliance, if
compliance is not met, then the City would take court action. He pointed out
that the City will be monitoring the construction.
Mr. Tatum stated that the tenants in the shopping center will sign an
agreement, and if that agreement is violated, it could cause termination of the
lease.
Mayor Jones called for comments from the audience in favor of the zoning
change request.
Mrs. Lorraine Schwartz, 1230 Crescent, stated that she is in favor of the
shopping center, noting the economic benefits the center will bring to the City.
Mrs. Betty Moore, 1233 Crescent, stated that she is in favor of the center
because it is within walking distance of the neighborhood.
Mrs. Kathy Fling, 4222 Archdale, stated that she does not live within the
immediate vicinity of the proposed shopping center, but stated she familiarized
herself with the area and the zoning request. She stated that this shopping
center would benefit the entire City.
Mr. Wayne Lundquist, 239 Circle, stated that he sold the property to the
developers, and stated that the shopping center will be of high quality. He
urged the Council to approve the special permit.
Mayor Jones called for comments from the audience in opposition, and stated
that the opposition would be allowed 3 minutes per speaker.
Mr. Arturo Medina, 514 Greenway, stated that he is a School Board member,
but not representing the school board, and stated that the school board was
advised that the City staff had stated that the zoning could not change on this
tract of land without all abutting property owners agreeing to the change. He
Minutes
Regular Council Meeting
November 5, 1985
Page 13
stated that the developers bought the property with this knowledge; the school
was closed because of the traffic situation; and he hoped that the Council would
not change the rules for the developers.
Council Member Slavik asked if Nueces Associates, Ltd. was affiliated with
Nueces Development Corporation, and Mr. Tom Hodge, stated that he is Chief
Executive Officer of Woodmont Corporation, owner of Nueces Associates, Ltd.
Mr. Charles Goad, 1222 Vance, asked that the special permit or "B-1" zoning
be denied. He provided the Council with copies of the letter inviting the
residents to attend a meeting with the developers, noting that the letter offers
$100 for signing the waiver, but the actual waiver states $10. He questioned
the validity of the survey conducted for the developer, and pointed out that the
petition circulated by the developer was forged in some instances, as admitted
by Mr. Tatum.
Mr. Henry Nuss, 225, Bayridge, stated that he objects to the 3 minute
limitation imposed by the Council. He pointed out that the applicant spoke for
one hour and fifteen minutes. Mr. Nuss stated that the developer "bought -off"
the deed restrictions; the Planning Commission denied this application by a vote
of 8 to 1; he referred to the publicity the zoning case had received in the
Caller -Times; the Planning Commission heard this case twice, because Woodmont
Corporation withdrew from proceeding to the Council after the article appeared
in the newspaper. Mr. Nuss summarized his remarks by stating he is opposed to
the special permit because of the traffic congestion it will cause, and pointed
out that McArdle Road is still under construction and South Padre Island Drive
will be under construction for two years, thus the traffic in this area will be
increased without an addition of a shopping center.
Mr. Nuss stated that it takes courage to oppose the zoning application when
the developer is passing out $100 bills. Mr. Nuss stated that the Council is
elected to pursue the public's interest, not to add taxes to the city's tax
rolls.
Mayor Jones inquired if Mr. Nuss owns property in the vicinity, and Mr.
Nuss stated that he does own property across the street, but he did not bid on
this tract of land because if was zoned for residential purposes.
Mr. Clark Flato, real estate broker, expressed opposition as a represen-
tative of homeowners within the 200' area. He showed slides of the property
layout, pointed out the traffic count at the present time, which is excessive
during November and December, and pointed out the large area in this vicinity
presently zoned for business, a great deal of which is not in use. He also
noted that there is very little commercial zoning extending down this portion of
Airline. He reminded the Council of the large concentration of shopping centers
in the vicinity and expressed the opinion that there is no demonstrated need for
additional business zoning.
Minutes
Regular Council Meeting
November 5, 1985
Page 14
Dr. Miriam Wagensheim, 6810 Sahara, stated that she was speaking as
Chairperson of the Corpus Christi Council of Neighborhood Associations, Inc.
She stated that the CCNA is opposed to the shopping center because it is not
needed; it is not consistent with existing planning and zoning; the City will be
unable to enforce the special permit; it is an intrusion into a residential
neighborhood; and on behalf of the Neighborhood Associations, she urged the
Council to vote for the welfare of the people who live in the neighborhood.
Mr. Royal Stacy, 1105 Vance, read to the Council the Planning Commission's
recommendation for denial. He stated that on September 25, 1985, the staff
recommended denial, but that Assistant City Manager Tom Utter changed that
recommendation to a special permit for a shopping center. He stated that Mr.
Utter attended a neighborhood association meeting and told the residents that it
would be better to "cut a deal" with the developer because the Council will
agree with the staff's recommendation. He stated he is opposed to the special
permit, and asked that Tom Utter resign.
Mayor Jones stated that he disagreed with Mr. Stacy's request for Mr.
Utter's resignation.
Mr. Domingo Martinez, 1101 Vance, stated that he is opposed to "B-1" zoning
or a special permit. He stated that if this request is approved, his property
value would decrease. Mr. Martinez stated that the "B-1" district provides for
retail stores of a neighborhood quality, and that "Toys -R -Us", which is to be
located in this shopping center, does not fit into a neighborhood business
district.
Mr. Willie Hughes, 1209 Vance, stated that he is strongly opposed to "B-1"
zoning; he is aware of the strong pressure that is on the Council to approve
this change; the residents were told that the subject property would be a buffer
between the current "B-1" zoning and the residences; and if the Council supports
this zoning change, it is because they have something to gain. He urged the
Council to vote for the neighborhood, as in the Parkdale School case.
Council Member McComb asked Mr. Hughes to repeat a portion of his
statement.
Mr. Hughes stated that any backing from a Council Member means that that
Council Member has a motive in mind.
Council Member McComb asked if Mr. Hughes could document this statement.
Mr. Hughes stated that he could through campaign contributions that have
been made.
Council Member McComb stated that he has no interest in this case.
Mayor Jones inquired if any of the Council Members had received campaign
contributions from the applicant, and Mr. Hughes stated that the applicant's
subcontractors for the project have made contributions to some of the Council
Members' campaigns.
Minutes
Regular Council Meeting
November 5, 1985
Page 15
Council Member Pruet pointed out that he has received contributions from
the opposition, but he is in favor of the special permit.
Council Member Slavik stated that Durden and Fulton contributed to
campaigns.
Mr. Charlie Simms, 1217 Stratton, stated that he has been upset with the
manner in which this entire zoning change request has been handled. He stated
that many property owners signed the waiver because they needed the money, but
he knows of no one in the neighborhood who is in favor of the shopping center.
Mr. Simms stated that the special permit states that no businesses will be
allowed that are open 24 hours, but it doesn't address businesses that could be
open 23 hours.
Mr. Simms inquired if the 8' fence would be on both lots, and Mr. Utter
stated that the buffer zone and the fence are for the case under consideration
only. He stated that the applicant could put a fence on the other lot, but that
would not fall under the special permit. Mr. Utter emphasized that the special
permit applies only to the lot under consideration.
Mr. Tatum stated that it is the intent of the developer that the special
permit apply to the whole area.
Mrs. Marreta Rickard, 1102 Vance, stated that she is opposed to the change
in zoning; she feels the developer is only interested in making money; she
questioned the validity of the survey; and stated that the traffic problem in
the area will worsen if this is approved.
Mr. Bill Brown, 4745 Ocean Drive, representing Peterson Development
Company, referred to the fact that the Planning Commission's recommendation is
for denial, and he pointed out that the Director of Planning, Mr. Larry Wenger,
was silenced at the Planning Commission meeting and his recommendation was
reversed.
Mr. Brown referred to the traffic congestion that exists in the area, and
stated that there is a need to extend Mustang Trail because of the traffic on
Staples, and approval of this shopping center would be duplicating the City's
embarrassment.
Mr. Brown stated that "Toys -R -Us" is the largest retailer of this type in
the nation and that traffic will be blocked going north into Sunrise Mall and
Gulfway Shopping Center. Mr. Brown noted that the consistency of zoning on
Airline has been "AB" Professional Office District.
Mr. Brown stated that consideration should be given to the fact that both
McArdle and South Padre Island Drive will be under construction; other
businesses in the immediate vicinity will be hurt because no one will want to
travel Airline or McArdle due to traffic congestion; and he urged the Council to
approve "AB" zoning limited to a one-story structure.
Minutes
Regular Council Meeting
November 5, 1985
Page 16
Mr. Brown stated that in his opinion the City will not want to jeopardize a
$40 million project because a tenant has violated a certain aspect of the
special permit.
Council Member Slavik inquired if the developers would be able to make a
profit if the land were zoned "AB", and Mr. Brown replied in the affirmative.
Discussion followed between the Council Members and Mr. Brown regarding the
economics of "AB" zoning.
Council Member Slavik stated that when the corner tract was zoned "B-1" in
August of 1984, it was the Council's intent for the lot under consideration
today to be a buffer area.
Mr. Wenger pointed out that CCISD had applied for the zoning change on the
corner tract only, and the playground tract was not addressed because of the
deed restrictions. Mr. Wenger stated that the staff did not envision the whole
area as being zoned "B-1."
Council Member Slavik referred to the fact that the staff had originally
recommended "AB", but the staff is now recommending a special permit for a
shopping center.
Mr. Wenger stated that prior to the Planning Commission meeting, the staff
recommended "AB" because the school district had asked what the staff thought;
the school district did not ask for a zoning change on this tract because of the
deed restrictions; therefore, the school district sold the property.
Council Member Slavik stated that on September 25, 1985, the staff
recommended "AB" to the Planning Commission, and Mr. Wenger stated that that
statement was incorrect -- the staff recommended a special permit for a shopping
center subject to an acceptable site plan on September 25, 1985.
Council Member Guerrero pointed out that the Planning Commission was in
favor of "B-3" zoning for the Parkdale zoning case, but this was denied by the
Council.
A motion was made by Council Member Guerrero that the hearing be closed;
seconded by Council Member Mendez; and passed unanimously.
Council Member McComb stated that the developer has tried very hard to meet
the demands of the residents, and he is in favor of the special permit.
Mayor Jones stated that the Council needs to consider three major
questions; one, is the neighborhood protected by a special permit; two, what is
best overall for the City; and three, what responsibility does the Council have
as far as attempting to regulate competition.
A motion was made by Council Member Guerrero that "B-1" zoning be denied,
and in lieu thereof a special permit be granted as outlined in the staff's
recommendation. The motion was seconded by Council Member Mendez.
Minutes
Regular Council Meeting
November 5, 1985
Page 17
Council Member Guerrero pointed out that a similar case was opposed by the
residents in the Parkdale School area, and those residents are now facing the
construction of a three—story garage. He stated that many times residents
oppose what is really good for them, and he is in favor of the special permit.
Council Member Pruet stated that he is in favor of the special permit, and
he feels that this project will have a great economical impact for the City.
Council Member Mendez stated that he supports the special permit, because
of the alternatives that could result if "AB" is approved. He stated that the
developer has addressed the questions and concerns of the neighborhood.
Council Member Slavik stated that she supports "AB" zoning because it would
provide a good return for the developer; she is opposed to the special permit
because of traffic congestion; the close proximity to the homes; and a shopping
center already exists'on the corner.
Mayor Jones stated that he will support the special permit on the basis
that the neighborhood is protected and a special permit is enforceable by the
City.
Council Member Strong stated that the Council has to review all aspects of
this zoning case; she has met with the residents and the developer; the three
points made by Mayor Jones are viable; therefore, she will support the staff's
recommendation.
Council Member Berlanga stated that the developers have done everything
possible to meet the residents' needs, and he will support the special permit.
The motion made by Council Member Guerrero to approve the special permit in
accordance with the staff's recommendation passed as follows: Jones, Berlanga,
Best, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Slavik voting
"no."
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda. There was no response.
There being no further business'to come before the Council, on motion by
Council Member McComb, seconded by Council Member Guerrero and passed
unanimously, the Regular Council Meeting was adjourned at 6:02 p.m., November 5,
1985.
/td
4inutes
Regular Council Meeting
November 5, 1985
Page 18
I HEREBY CERTIFY that the foregoing is a true and correct copy of the
Minutes of the Regular Council Meeting of the City of Corpus Christi of November
5, 1985, which were approved by the City Council on November 12, 1985.
WITNESSETH MY HAND AND SEAL, this the day of 4C,CJk, 1985.
Armando Chapa City Secret
City of Corpus Christi, Texas
he ones, MAYOR