HomeMy WebLinkAboutMinutes City Council - 01/07/1986Present
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
January 7, 1986
2:00 p.m.
Acting City Manager Ernest Briones
City Attorney Hal George
Asst. City Secretary Dorothy Zahn
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 Strong, following which the
Pledge of Allegiance to the Flag of the United States was led by Council Member
Mendez.
Assistant City Secretary Zahn called the roll and verified that a quorum of
the Council and the required Charter Officers were present to conduct the
meeting.
A motion was made by Council Member Slavik that the minutes of the Regular
Council Meeting of December 31, 1985, be approved; seconded by Council Member
Mendez; and passed unanimously.
Mayor
Name:
* * * * * * * * * * * * *
Jones presented 30 -year pins to the
Salome G. Gutierrez
Guadalupe C. Garcia
Eusebio Guillen, Jr.
Zaragosa V. Garcia
Alfonso Cardenas
Department:
Sanitation
Sanitation
Fire
Gas
Gas
* * * * * * * * * *
following employees:
Position:
Equipment Operator
Equipment Operator
Firefighter II
Sr. Gas Appliance Ser. Person
Meter Repair Person
* * *
Mrs. Sara Norris, Chairman of the Sesquicentennial Committee in Corpus
Christi, presented the Council with official Sesquicentennial caps and asked the
MICROFILMED
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Regular Council Meeting
January 7, 1986
Page 2
Council to join her in officially kicking -off the Sesquicentennial celebration
in Corpus Christi.
Mrs. Norris stated that the parade had been cancelled due to weather
conditions, and had been rescheduled for March 2, 1986, Texas Independence Day.
She encouraged all organizations and individuals who have a proposed project or
an idea for an event, to contact the Sesquicentennial Office located in Heritage
Park.
* * * * * * * * * * * * *
Mayor Jones administered the Oath of Office to the following newly
appointed members of Boards and Commissions: Mr. James Sturdivant, Jr., Mr.
Porfirio Silva, and Mr. Pat Alva, Private Industry Council; Mrs. Lilias
Hammerick, Corpus Christi Public Library Advisory Board; and Mr. Maurice Shaw,
Cable Communications Commission.
* * * * * * * * * * * * *
Mayor Jones called for consideration of a resolution, which was the result
of a closed meeting held during the morning workshop session.
Assistant City Secretary Zahn polled the Council for their vote as follows:
RESOLUTION NO. 19148
CONFIRMING THE APPOINTMENT BY THE MAYOR,
II, SECTION 27, AND SECTION 29-1 OF THE
OF MUNICIPAL COURT "E" IN CORPUS CHRISTI,
The Charter Rule was suspended and the
Best, Berlanga, Guerrero, McComb, Mendez,
absent at the time the vote was taken.
PURSUANT TO THE CITY CHARTER, ARTICLE
CITY CODE, OF CHARLES VANAMAN TO JUDGE
TEXAS; AND DECLARING AN EMERGENCY.
resolution passed as follows: Jones,
Pruet, and Slavik voting "aye"; Strong
* * * * * * * * * * * * *
A motion was made by Council Member Pruet that the following appointments
to Boards and Committees be approved; seconded by Council Member Mendez; and
passed unanimously.
a. Planning Commission:
B. E. Beecroft
Cheyenne Eichelberger
b. Building Code Board of Appeals:
I. C. Moreno (Building Industry)
Term:
7-31-87
7-31-86
5-04-89
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Regular Council Meeting
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Page 3
c. Sister City Committee:
Alma Meinrath (Reinstated) 5-87
Emery Janice (Reinstated) 5-86
d. Private Industry Council:
Miguel Pro (Economic Development) 6-30-87
e. Bay Drilling Committee: (appointed by the Mayor with approval of the
Council from those persons nominated by the oil & gas industry)
Gene Carter (oil industry) 12-31-88
John Clanton (alt., oil industry) 12-31-86
f. Electrical Advisory Board:
g•
Sam Beecroft (commercial bldr.) - Reapptd) 12-31-87
Phillip Benavides (master elec.) - Reapptd) 12-31-87
Arlise Robinson (elec. engineer) - Reapptd) 12-31-87
Senior Community Services Advisory Council:
Josephine Dobson
Elizabeth Gunter (Reappointed)
Rosa Garza (Reappointed)
Jim Roberts (Reappointed)
Gladys Neu (Reappointed)
Eduardo Hinojosa (Reappointed)
David Tutt (Reappointed)
Linda Longoria
* * * * * * * * * * * * *
12-26-86
12-26-87
12-26-87
12-26-87
12-26-87
12-26-87
12-26-87
12-26-87
Mayor Jones announced the bid opening on the following two projects:
1. Flour Bluff South End Laterals, Phase III: This project provides for
the installation of gravity sanitary sewers in the Laguna Vista
Shores, Holiday Harbor, Bayside Acres 1 & 2, Bluewater and Kingswood
Subdivisions, south of the Tropic Isles Channel.
Assistant City Manager James K. Lontos opened and read bids from the
following companies: Claude Chapman Construction Co., Inc.; Corpus Christi Land
Venture; Heldenfels Brothers, Inc.; Isles Engineering and Construction, Inc.;
Jalco, Inc.; and W.T. Young Construction Co., Inc.
Mayor Jones requested a report on the number of septic tanks this project
would eliminate in Flour Bluff.
2. Westside Wastewater Treatment Plant: For construction of a
facultative basin, piping modifications, and fencing. These
improvements are designed to bring the plant into State and Federal
permit compliance for B.O.D.
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Assistant City Manager James K. Lontos opened and read bids from the
following companies: R. S. Black Engineers & Contractors; Bracco Construction
Co., Inc.; C & A Construction, Inc.; and Stefek Construction Co.
Mayor Jones stated that the bids would be tabled for 48 hours, pursuant to
the requirements of the City Charter.
* * * * * * * * * * * * *
A motion was made by Council Member Strong that the following item from the
Workshop Meeting be approved; seconded by Council Member Mendez.
1. Motion approving the Central Business District requests by:
a. Agreeing in concept with the plan to decoratively light the Harbor
Bridge.
b. Appointing Council Members David Berlanga, Sr. and Linda Strong to
represent the City Council on a Committee to finalize a plan and seek
approval by the State Highway Commission for the project.
c. Should the project be approved and funding secured, the City agree to
execute appropriate contracts with the State for construction,
operations, and maintenance of the project.
In response to a question from Mayor Pro Tem Best regarding funding of the
project, Mayor Jones stated that this item does not include nor exclude the City
as a possible funding source.
The motion passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions, items 1
through 9:
1. Approval of specifications and authorization to receive bids for a 5,000
lb. capacity industrial fork lift to be used in the Warehouse. This item
is included in the 1985-86 Capital Outlay budget. Estimated expenditure is
$18,000.
2. Approval of specifications and authorization to receive bids for two 160
CFM trailer mounted air compressors for Water and Gas Divisions to be used
to operate various pneumatic tools. These items are included in the
1985-86 Capital Outlay budget with an estimated total expenditure of
$26,200.
3. Approval of specifications and authorization to receive bids for a twelve
month supply agreement, with option to extend for an additional twelve
months at the same terms and conditions, subject to the approval of the
supplier and the City Manager, or his designee, for portable chemical
toilet service for Water Division, Gas Division, and Park & Recreation.
Estimated annual expenditure is $13,500.
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Regular Council Meeting
January 7, 1986
Page 5
4. Approval of specifications and authorization to receive bids January 26,
1986, for a 1,000 gallon crash/fire/rescue truck to be used at Corpus
Christi International Airport. This item is included in the Airport's two
year Capital Improvement Program.
5. Authorizing the City Manager or his designee to receive bids for the
operation of the concession area at Bill Witt Softball complex for a
contract term of three years. Bids will be received at the Park and
Recreation Department until 2:00 P.M., January 27, 1986.
6. Approval of specifications and authorization to receive bids for the cost
of moving to the new central library. The estimated expenditure is
$35,000, with $30,000 being provided out of the bond fund and $5,000 being
provided out of the South Texas Library System 85-86 budget.
7. Approving plans and specifications and authorizing the receipt of bids on
February 5, 1986, for parking lot improvements at Lindale and Zavala Senior
Citizens Centers and the construction of a heavy equipment slab at the
Municipal Service Center. Funding for the Lindale and Zavala parking lots
is included in the 11th Year Community Development Block Grant Program, and
funding for the heavy equipment slab is included in the 1985-86 Maintenance
Services Operating budget.
8. Approving the following actions on the Artesian Park and Temple Park
Improvement project:
a. The contractor be granted an 18 -day time extension to supplement the
40 working days allotted to complete the project due to late delivery
of materials and minor utility delays which were beyond the
contractor's control.
b. The project be accepted and remaining funds of $31,095.50 be
authorized to Black Brothers Construction, Inc.
The total cost of the work performed, which is funded by 10th and llth Year
Community Development Block Grant funds, is $84,087.50.
9. Approving the purchase of a diagnostic on-line software package from Boole
and Babbage Software Products at a cost of $25,060. This is a sole source
purchase based on the unique features of the package and the cost. Funds
are available in the Data Processing Department budget.
There were no comments from the audience on the consent motions; a motion
was made by Council Member Guerrero that the consent motions, items 1 through 9,
be approved; seconded by Council Member Slavik; and passed unanimously.
* * * * * * * * * * * *
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Regular Council Meeting
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Mayor Jones called for consideration of the Consent Ordinances, items 10
through 14. He asked that Mrs. Mary Bell comment on item 10, approving
contracts for the purchase of furnishings and furniture for the Corpus Christi
Central Public Library.
Mrs. Bell, Chairperson of the Library Board, stated that many people have
worked very hard on the selection of the furnishings for the library; they feel
this will be one of the most outstanding libraries in the State; and she urged
the Council to join the Friends of the Library by making a donation to the
Library.
There were no further comments from the audience on the Consent Ordinances;
Assistant City Secretary Zahn polled the Council for their vote; and the
following were approved:
10. ORDINANCE NO. 19145
AUTHORIZING THE EXECUTION OF CONTRACTS WITH LIBRARY BUREAU, INC., FOR LIBRARY
CASEWORK INSTALLED IN PLACE, WITH YOCHEM'S FOR LIBRARY FURNITURE INSTALLED IN
PLACE, AND WITH G. MADISON COMPANY FOR METAL SHELVING AND MISCELLANEOUS
FURNITURE INSTALLED IN PLACE; APPROPRIATING $345,415; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
11. ORDINANCE NO. 19146
CLOSING AND ABANDONING VARIOUS 5 -FOOT, 10 -FOOT, AND 20 -FOOT WIDE UTILITY
EASEMENTS IN BLOCK 1, PADRE STAPLES MALL SUBDIVISION, SUBJECT TO THE PROVISIONS
LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
12. ORDINANCE N0. 19147
AMENDING ORDINANCE NO. 17591 BY AMENDING SECTION 3 IN ORDER TO ADOPT THE FINAL
ASSESSMENT ROLL FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS:
South Padre Island Drive, S.H. 358, North and South Frontage Roads and Bridge
Approaches to Cayo Del Oso Bay
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
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13. SECOND READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND GREG VOISIN, TRUSTEE, FOR THE ANNEXATION OF
APPROXIMATELY 6.4 ACRES OF LAND BEING A PORTION OF LOTS 4-8, SECTION 26, AND A
PORTION OF LOTS 25-30, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, AND A PORTION OF LOT 12, BLOCK 3, GREENFIELDS BY THE BAY UNIT 11, NUECES
COUNTY, TEXAS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRI-
TORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS,
AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY;
The ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
14. SECOND READING
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE
CITY OF CORPUS CHRISTI AND WOOD RIVER ASSOCIATES FOR THE ANNEXATION OF APPROXI-
MATELY 25 ACRES OF LAND BEING A PORTION OUT OF THE MARIANO L. De HERRERA GRANT,
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 second time and passed to third reading as
follows: Jones, Best, Berlanga, McComb, Mendez, Pruet, Slavik, and Strong
voting "aye"; Guerrero absent at the time the vote was taken.
Council Member McComb questioned the procedure regarding subcontractors
being paid additional money by the general contractor when a project has change
orders.
Assistant City Manager Lontos explained that the contract for the project
is only between the City and the general contractor, and the City does not get
involved with subcontractors.
* * * * * * * * * * * * * *
Mayor Jones called for consideration of the following item:
15. Approving a water supply contract between the South Texas Water Authority
and the Nueces Water Supply Corporation. The contract provides for the
Authority to sell treated water to the Corporation for 40 years. The
Authority purchases water from the City of Corpus Christi. Under the terms
of its contract with the City, the Authority must secure the written
approval of the City Council before it may sell water purchased from the
City to a non-profit corporation.
Council Member Strong asked how the contract would be affected during a
drought situation, and Mr. Lontos explained that the City could decrease the
amount sold to the Authority as needed.
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There were no comments from the audience; a motion was made by Council
Member McComb that item 15 be approved; seconded by Council Member Strong; and
passed by the following vote: Jones, Best, Berlanga, McComb, Mendez, Pruet,
Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following zoning case:
16. Application No. 1085-4, Crow Western Land Company: For a change of zoning
from "R-2" Multiple Dwelling District to "A-1" Apartment House District on
Lot 3, Block 1, Holly Oaks Subdivision, located between Holly Road and
Meadowvista Drive, approximately 106' west of Meadowlight Parkway.
Assistant City Manager Tom Utter stated that in response to the 34 notices
mailed, none were returned in favor; 7 were returned in opposition; and a
petition was received in opposition with 29 signatures. He stated that the
Planning Commission recommends denial, and in lieu thereof, that a special
permit for apartments be approved subject to an acceptable site plan, and the
Planning Staff recommends denial. Mr. Utter informed the Council that the 20%
rule is in effect; therefore, 7 affirmative votes are required for passage of
the ordinance.
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 vicinity.
Mr. Wenger stated that under the current zoning of "R-2", 133 apartments
units are allowed and under the requested zoning of "A-1", 200 units are
allowed.
In response to a question from Council Member Slavik, Mr. Wenger stated
that three-story units are allowed in "A-1", whereas "R-2" is limited to
two-story units.
Mr. Dennis Elmore, President of Crow Western Company, stated that his
company also developed the other two projects in the vicinity, Chandler's Pointe
and Chandler's Mill; this complex will be the final phase of the project; and he
is agreeable to a special permit for a 200 -unit apartment project.
He stated that in his opinion, "R-2" zoning with a townhouse project is
less desirable than his project in that the setback requirement would be less
than that which he is proposing. He stated that he has attempted to create a
buffer zone in that the building will be located 80' from the property line, and
further, all of the buildings along the east property line will be two stories,
and three stories along the west property line. He stated that this would
preserve the integrity of the neighborhood.
He stated that the residents had expressed concern about the location of
the dumpsters, and the site plan has been changed to locate the dumpsters away
from the homes. Mr. Elmore stated that the residents had also expressed concern
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Regular Council Meeting
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about the possibility of increased traffic flow thru the neighborhood. He
stated that he had had an independent traffic survey performed (copies of which
he provided to the Council) which indicated that the majority of the traffic
would exit to the west, toward Airline Road, not toward the east, which is
through the residential subdivision.
Mr. Elmore continued, and stated that they plan to construct an 8' privacy
fence along the east boundary of the property and they are willing to help
maintain the park; i.e., contribute a sprinkler system, landscaping, and
possibly lighting.
During the foregoing presentation, Mr. Elmore responded to several
questions by the Council. He clarified his reference to an 8' fence, which
would actually be a 6' fence; he stated that he does not own the property, but
plans to purchase the tract if the zoning is approved; he explained the type
financing of the two current projects; explained that approximately 5% to 10% of
the current occupants are Navy personnel; the project will be managed in
conjunction with the existing two projects; and that at some time in the future,
he will sell the project.
Council Member Strong spoke in opposition on behalf of the residents who
were unable to be present at the Council Meeting. She stated that they are
opposed to the zoning change because of concern regarding privacy, the density
of the project, and increased traffic through the residential subdivision.
Discussion followed regarding the inability of developers to obtain
financing for small projects, and Council Member Strong stated that she would
like this point clarified, stating that this is either a valid argument or it is
not.
Mr. Utter stated that a project of 100 units is considered unworkable, but
a project ranging from approximately 125 to 150 units is usually very
financeable. He stated that Crow Western should have no problem financing the
proposed project.
Council Member McComb suggested that a portion of the property be rezoned
and the site plan be changed to conform in order to maintain a buffer zone of
"R-2", and Mr. Elmore stated that he had not considered a layout of that type
and he would be unable to address that at this time.
Council Member Guerrero stated that he had toured the existing projects;
they are of a very high caliber; he pointed out that sometimes traffic situa-
tions are exaggerated; the developer has a proven ability in enhancing the area;
he feels that "R-2" zoning is more detrimental; and he feels that it is not the
developer's responsibility to maintain parks in order to obtain a change in
zoning.
Mayor Jones called for comments in opposition to the zoning change.
Mr. Bill Hall, 6602 Meadowheights, stated that he was speaking on behalf of
the residents and that he has two concerns, one, the increase in traffic that
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will be a result of the zoning change, and two, he feels that there needs to be
a buffer zone between the residents and the apartments. He stated that he
purchased his home in 1982 with the understanding that the land would be zoned
"R-2." Mr. Hall stated that there is an excessive amount of vacant apartments
in the City and he would rather the land remain "R-2."
In response to a question from Council Member Slavik, Mr. Utter stated that
the land would probably be appraised at a higher value if it were zoned "A-1."
Council Member Pruet stated that he does not like granting special permits
for zoning -- if it is worthy of a special permit, it is worthy of the zoning;
however, this particular special permit addresses primary concerns and
objections of the residents; it is an acceptable attempt to be a good neighbor;
and he suggested that the Council give the project favorable consideration.
Council Member Guerrero stated that the special permit is important in this
case because it protects the interest of the residents; development of the City
cannot be stopped because of opposition, as there will always be opposition. He
emphasized that the developer has no responsibility to maintain the park.
Council Member Mendez stated that after reviewing the site plan, he agrees
with the granting of a special permit; the setback requirements will be
sufficient; and he feels the project will not detract from the neighborhood.
Mayor Jones stated that he would support the special permit because he
feels the residents are better protected with "SP" as opposed to "R-2"; he feels
the traffic will not be increased in a great amount; and he stated that property
owners do not have the right to hold up development of vacant property.
There were no further comments from the audience; a motion was made by
Council Member McComb that the hearing be closed; seconded by Council Member
Mendez; and passed unanimously.
Council Member Slavik stated that she will support the staff's recommen-
dation for denial, because she feels that "R-2" zoning would be better in that a
townhouse development could be built.
Assistant City Secretary Zahn polled the Council for their vote on the
ordinance granting the special permit as follows:
ORDINANCE NO. 19149
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CROW WESTERN LAND COMPANY BY
GRANTING A SPECIAL COUNCIL PERMIT FOR APARTMENTS ON LOT 3, BLOCK 1, HOLLY OAKS
SUBDIVISION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, and Strong voting
"aye"; Slavik voting "no."
Mayor Jones stated that the development of parks should not be considered
as a condition of zoning.
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Council Member Pruet indicated his concurrence with the Mayor and also
objected to an attempt to force a developer to improve a neighborhood park in
order to obtain a special permit. He noted however, that this was a suggestion
from a homeowner in the neighborhood and was not a recommendation by the staff.
Council Member McComb commented on the lengthy discussion during the
applicant's presentation and then moved that in future zoning cases presented to
the City Council, that the Council allow the applicant and those in opposition
to make their presentations before the Council Members ask questions and make
comments, except for purposes of clarification. The motion was seconded by
Council Member Mendez and passed by a vote of 7 to 2, Council Members Guerrero
and Strong absent at the time the motion was made.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on the following zoning case:
17. Application No. 1085-3T, Roger's Floor Company, Inc.: For a proposed
change to the text of the City Zoning Ordinance $6106 as amended as
follows: Amend Article 31, Newly Annexed Territory, by amending Section
31-5 setting forth a zoning classification of "B-4" General Business
District on a 4.765 acre tract of land out of Lot 8, Section 6, Flour Bluff
and Encinal Farm and Garden Tracts, when annexed to the City of Corpus
Christi. The property is located on the west side of South Staples Street,
approximately 1,250' north of Yorktown Boulevard.
Mr. Utter stated that in response to the 7 notices of the public hearing, 1
was returned in favor, and 1 was returned in opposition, plus 4 in opposition
from outside the area of notification. He stated that the Planning Commission
recommends denial because the applicant did not submit a site plan, and the
Planning Staff now recommends denial, and that "B-4" zoning be approved on the
north one-half of the property and "B-1" zoning be approved on the south
portion, the "B-4" zoning to be limited to the area on which the floor company
is located. He stated, however, that Mr. Rogers has not agreed to this.
Mr. Wenger displayed the area on the zoning and land use map, described the
land use in the surrounding area, and showed slides of the vicinity. Mr. Wenger
further explained that the staff's recommendation for "B-4" zoning includes only
the portion on which the floor company is actually located.
Speaking on behalf of the applicant was Mr. Ben McDonald, 902 Wilson
Building, who provided extensive information about his client and the history of
the floor company. He pointed out that Roger's Floor Company was located here
before any residential development occurred in the area; he is currently
conducting a "B-4" business at this location; a preliminary plat has been filed
and is currently pending; and annexation would be in the best interest of the
City in that the City would received ad valorem and sales taxes, and the
applicant would receive water service.
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Mr. McDonald stated that the applicant had been denied a loan from Common-
wealth Savings because the zoning is inappropriate. He then provided the
Council with copies of the correspondence from Commonwealth Savings.
Mr. McDonald pointed out the surrounding "B-4" areas, and stated that the
applicant will dedicate a 60' roadway adjacent to Buckingham Estates, a 20'
alley is already in existence, and this should be sufficient for a buffer zone,
which is not the case with the tract of land located on the other side of
Buckingham Estates which is zoned "B-4." Mr. McDonald urged the Council to
grant zoning of "B-4."
Mayor Jones called for comments in opposition; there were none; a motion
was made by Council Member Guerrero that the hearing be closed; seconded by
Mayor Pro Tem Best; and passed unanimously.
Council Member Berlanga stated that he will support the zoning change to
"B-4" as he has in the past when this case was before the Council, pointing out
that a large amount of "B-4" zoning is in the surrounding area.
Mr. Utter pointed out that the warehouse does not qualify under "B-1"
zoning, but the business itself does, and to resolve any conflict, "B-4" zoning
is necessary. Mr. Utter stated that if "B-4" zoning is granted, the roadway
would provide a 60' buffer, but the portion to be dedicated for a roadway would
need to remain as "F -R" in order to assure its existence.
Council Member McComb pointed out that the residents were aware of "B-4"
zoning in the area when they purchased their property.
A motion was made by Council Member Guerrero that "B-4" zoning be approved;
seconded by Mayor Pro Tem Best.
Council Member Mendez stated that he is in favor of "B-4" zoning for the
entire tract because Mr. Rogers will be providing a 60' buffer.
Mayor Jones stated that he would not support the motion, noting that Mr.
Rogers wants to be annexed in order to obtain water, and he feels the staff's
recommendation should be adopted.
Discussion followed regarding the depth of the property and what type of
businesses could possibly locate in such an area.
Mayor Pro Tem Best inquired if street dedication could be required under
the motion made by Council Member Guerrero, and Mr. Utter stated that it could
not be a requirement, but would be a requirement through the platting process.
He suggested that the proposed 60' roadway be left out of the zoning change, and
grant "B-4" on the remainder of the request.
Council Member Guerrero then revised his motion in order to leave out the
60' strip of land from the zoning change to "B-4". The revised motion was
seconded by Council Member Berlanga.
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Council Member Slavik asked for clarification of the motion, and Mr. Utter
pointed out on the transparency the area to be zoned "B-4" -- 269.74' in length,
the 60' would remain "F -R", and 620' in depth would be changed to "B-4."
Council Member Pruet stated that he has not participated in the discussion
of this case and will abstain from voting because of a possible conflict of
interest.
The motion passed with 8 affirmative votes, Council Member Pruet
abstaining.
* * * * * * * * * * * * *
Council Member McComb referred to the tract of land located on South
Staples that was rezoned to "B-4" for the construction of a hospital; the bond
issue for the hospital failed to pass; therefore, he made a motion that the
staff be instructed to initiate a zoning change on this tract of land to revert
it to its original zoning. The motion was seconded by Council Member Slavik.
Council Member Strong stated that Memorial Hospital should address this
subject, because it is her understanding that there remains a possibility that
they will construct a hospital on the south side of the City.
Council Member Mendez stated that he would also vote against the motion,
because he feels Memorial Hospital should address the issue.
The motion failed to pass as follows: Jones, Best, Berlanga, Guerrero,
Mendez, Pruet, and Strong voting "no"; McComb and Slavik voting "aye."
Mayor Jones instructed the staff to meet with Memorial Hospital regarding
their plans for this tract of land.
* * * * * * * * * * *
Acting City Manager introduced Mr. Howard Abbey and Dan Whitworth, Park and
Recreation Department, and Mr. Juan Lerma, Wastewater Department, who are
participating in the City's Management Development Program.
* * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Mr. Hal Wasson presented photographs of the Mayor and stated that the
senior citizens will be meeting on January 8 at 5:00 p.m. and invited the
Council to attend the meeting.
* * * * * * * * * * * *
Council Member Berlanga referred to an article in the Caller -Times which
stated that the Council approved the arming of the Marina Patrol with weapons.
_nutes
Regular Council Meeting
January 7, 1986
Page 14
Acting City Manager Briones stated that a report, including the legal
opinion and Al Hyman's recommendation, will be presented to the Council next
week before an administrative decision is made to arm the Marina Patrol.
There being no further business to come before the Council, on motion by
Council Member Pruet, seconded by Council Member Mendez and passed unanimously,
the Regular Council Meeting was adjourned at 4:50 p.m., January 7, 1986.
/td
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 January
7, 1986, which were approved by the City Council on January 14, 1986.
WITNESSETH MY HAND AND SEAL, this the 12d day of re&zecn/n-y , 1986.
Armando Chapa City Secretary
City of Corpus Christi, Texas