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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