HomeMy WebLinkAboutMinutes City Council - 04/01/1986PRESENT:
Mayor Luther Jones
Mayor Pro Tem Dr. Jack Best
Council Members:
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
APRIL 1, 1986
2:00 P.M.
Acting City Manager Ernest Briones
City Attorney Hal George
City Secretary Armando Chapa
Mayor Luther Jones called the meeting to order in the Council Chamber of
City Hall.
The invocation was given by Council Member Slavik, following which the
Pledge of Allegiance to the Flag of the United States was led by Mayor Pro Tem
Best.
City Secretary Chapa called the roll and verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
Council Member Slavik clarified a statement in the discussion of current
concerns of March 25, 1986.
A motion was made by Council Member Strong that the minutes of the Regular
Council Meeting of March 25, 1986, be approved as presented; seconded by Council
Member Slavik; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of action from the workshop session.
Mayor Jones read a portion of the resolution concerning the .60e tax rate;
there were no comments from the public on the resolution; and City Secretary
Chapa polled the Council for their vote as follows:
MICROFILMED
__mutes
Regular Council Meeting
April 1, 1986
Page 2
RESOLUTION NO. 19251
REAFFIRMING THE CITY COUNCIL'S INTENT TO FINANCE THE APRIL 5, 1986, BOND PROGRAM
BY A TAX RATE NOT TO EXCEED $0.60 PER $100 VALUE OF TAXABLE PROPERTY; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
Mayor Jones called for consideration of the following motion:
Deferring consideration of all new requests for funding of community-based
projects to the Fiscal Year 1986-87 budget.
A motion was made by Council Member McComb that the foregoing item be
approved; seconded by Council Member Mendez.
Council Member Guerrero inquired if this action would prevent an individual
from appearing before the Council, and the Mayor stated that it would not.
Mr. Guerrero stated he would not support the motion.
The motion passed as follows: Jones, Best, Berlanga, McComb, Mendez,
Pruet, Slavik, and Strong voting "aye"; Guerrero voting "no."
Mayor Jones called for consideration of the following item:
Approving the hiring of an Industrial Psychologist for the evaluation of
City Manager applicant finalists.
Council Member Pruet stated that he and Council Member Strong had met on
three occasions to investigate the availability of qualified industrial
psychologists; one proposal was received locally; one proposal was received from
David K. Wasson of Houston, which is the best proposal; and he made a motion
that Dr. Wasson be retained to perform the evaluation of the City Manager
applicant finalists. The motion was seconded by Council Member Strong.
Council Member Slavik stated that reference should be made to the amount
that will be paid to Dr. Wasson, and Mayor Jones stated that Dr. Wasson has
stated his fee would be $500 per candidate; therefore the fee can be controlled.
Council Member Slavik stated that she would like it to be on record that
his fee is not to exceed a certain amount.
Mayor Jones stated that the fee would be approximately $3,000 which
includes expenses.
minutes
Regular Council Meeting
April 1, 1986
Page 3
Council Member Slavik stated that a maximum amount should be designated.
Acting City Manager Briones stated that the Council is authorizing a
contract with Dr. Wasson and that contract will come before the Council for
approval.
The motion to retain Dr. Wasson passed as follows: Jones, Best, Berlanga,
McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero voting "no."
Mr. Briones inquired as to who would negotiate the contract, and Mayor
Jones stated that there is a written proposal from Dr. Wasson and City Secretary
Chapa stated that he will prepare a letter for the Mayor's signature regarding
the hiring of Dr. Wasson.
* * * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Motions, items 1 thru
5, noting that item 6 had been withdrawn.
1. Approving the purchase of two Series III (11,500 lb.) and one Series IV
(15,000 lb.) tractor -loader -backhoe from Preco Machinery Sales, Inc. for
the total amount of $81,699, based on low bid and low bid meeting
specifications. The Series III units are for the Water Division and the
Series IV unit is for the Gas Division. Seven bid invitations were issued
and five bids were received. Prices have not changed since last purchase
in May, 1985. These items are included in the FY 85-86 Capital Outlay
Budget.
2. Approving a contract for a street lighting cost -reduction study with Price
Waterhouse for a fee not to exceed $25,000. The study will involve a
comprehensive review of the City's street lighting service and an
evaluation of the full range of options available to the City to reduce
costs. Based on the findings of this study, the consultant will provide a
report recommending a set of cost -reduction alternatives. The study will
take approximately three months to complete. Funds for this study are
provided in 1985-86 appropriation for Revenue Sharing Projects.
3. Approving an agreement between the City, Nueces Associates Ltd., and Toys R
Us granting permission to the owners of Woodmont Shopping Center to locate
a brick screening fence within an existing utility easement from McArdle
Road to Airline Road in exchange for an additional 9 foot 4 inch wide
utility easement adjacent to the existing easement and for paying one-half
of the construction costs of a new 6 inch water line to be laid in the new
easement to replace a 31 -year old cast iron water line. The owners will
pay for any damages to an existing gas line incurred in construction of the
wall and hold the City harmless for any damages to the wall due to
operation and maintenance of City utilities within the easements. It is
necessary to construct the wall as near to the property line as possible to
comply with a Special Permit granted by the Council.
minutes
Regular Council Meeting
April 1, 1986
Page 4
4. Approving plans and specifications and authorizing the receipt of bids on
April 29, 1986, for Nottarb Place Sanitary Sewer Improvements. This
supplemental wastewater project was authorized in February, 1984, when
local funds became available by the award of an EPA Grant for the Laguna
Madre Plant Expansion in Flour Bluff. The project provides for the
installation of sanitary sewer lines to serve the Nottarb Place Subdivision
and will also provide a permanent gravity sanitary sewer system for
presently undeveloped property in the area bounded by Weber Road, Saratoga
Boulevard, and a portion of Cabaniss Field.
5. Approving an amendment to the sidewalk deferment agreement authorized by
Motion M82-0099 on April 28, 1982, and later amended by Motion M85-0049 on
January 22, 1985, pertaining to sidewalk construction in the 100 South
Padre Subdivision, with said amendment providing for sidewalks being
constructed concurrently with on-site building construction and prior to
building occupancy rather than within 36 months of the time the various
plats in the subdivision are filed for record.
*67--Atititer4e#eg-HH4e--.044--Menteger-- er-4 4e.._. es gnce-ee--enrtee-4nto-t--3-yeef
sere#ees-agreement-w#tit-Stephen-3--Ondre3es-€er-e-mannel-€eed-eeneese#ee-et
rite-Fele-Berk-� ri nr-- Ttte coneco3en-w#ll-e€4e-r- £oietkimNi--as€E-er#nke
end-rent-€#sit#ng-ege4pmener-8empeneet#en-te-the-Gey-#s-prepesed-et-24;-e€
grecs-er--$2-7-5--per-meneth--Ailek-a,r-}e--greeternr--'Fite-Peek--Reereeten
Beard-epp?eved-the-bld-at-their-Marek-meeting: *Withdrawn - See page 3.
There were no comments from the audience; a motion was made by Council
Member Guerrero that consent motions 1 thru 5 be approved; seconded by Council
Member Strong; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 7
thru 16.
There were no comments from the audience; City Secretary Chapa polled the
Council for their vote; and the following ordinances passed:
7. RESOLUTION 19249
NAMING ERNEST M. BRIONES, ACTING CITY MANAGER, AS THE CITY'S SIGNATORY AGENT
AUTHORIZED TO SIGN DOCUMENTS RELATED TO FEDERAL GRANT ASSISTANCE UNDER THE
FEDERAL WATER POLLUTION CONTROL ACT.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
mutes
Regular Council Meeting
April 1, 1986
Page 5
8. ORDINANCE NO. 19245
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF McARDLE ROAD, FROM
CRESCENT DRIVE TO NILE DRIVE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
9. ORDINANCE NO. 19246
APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR THE
IMPROVEMENT OF McARDLE ROAD, FROM CRESCENT DRIVE TO NILE DRIVE; DETERMINING THE
PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY AND THE PORTION
TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE PRELIMINARY ROLL DURING
THE REGULAR 2:00 P.M. COUNCIL MEETING, MAY 6, 1986, IN THE COUNCIL CHAMBERS,
CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
10. ORDINANCE NO. 19250
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 3 IN CONNECTION WITH THE POLICE STATION EXPANSION; APPROPRIATING $30,707;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
11. ORDINANCE NO. 19247
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF:
FURMAN SCHOOL AREA, PHASE III
1. 14th Street, from Buford Street to Morris Avenue;
2. 15th Street, from Craig Street to Morris Avenue;
3. 16th Street, from Morgan Avenue to Craig Street;
4. Craig, Buford, Hancock, and Coleman Streets, from
Crosstown Expressway to Brownlee Boulevard; and
5. Mary Street, from 17th Street to 19th Street.
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
minutes
Regular Council Meeting
April 1, 1986
Page 6
12. APPROVING THE WRITTEN STATEMENT OF THE CITY ENGINEER OF VARIOUS COSTS FOR
THE IMPROVEMENT OF THE FOLLOWING STREETS:
FURMAN SCHOOL AREA, PHASE III
1. 14th Street, from Buford Street to Morris Avenue;
2. 15th Street, from Craig Street to Morris Avenue;
3. 16th Street, from Morgan Avenue to Craig Street;
4. Craig, Buford, Hancock, and Coleman Streets, from
Crosstown Expressway to Brownlee Boulevard; and
5. Mary Street, from 17th Street to 19th Street.
DETERMINING THE PORTION OF SAID COSTS TO BE ASSESSED AGAINST ABUTTING PROPERTY
AND THE PORTION TO BE PAID BY THE CITY; SETTING A PUBLIC HEARING ON THE
PRELIMINARY ROLL DURING THE REGULAR 2:00 P.M. COUNCIL MEETING, APRIL 29, 1986,
IN THE COUNCIL CHAMBERS, CITY HALL, 302 SOUTH SHORELINE BOULEVARD; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
13. SECOND READING
CLOSING AND ABANDONING A 0.213 ACRE PORTION AND A 0.709 ACRE PORTION OF
SHARPSBURG ROAD OUT OF THE G. FARIAS GRANT, ABSTRACT NO. 592; PROVIDING THAT THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION DEDICATE REPLACEMENT
RIGHTS-OF-WAY FOR AN ALTERNATE ROUTE FOR SHARPSBURG ROAD AND CONSTRUCT
EQUIVALENT PAVEMENT SECTION IN SAID ALTERNATE RIGHTS-OF-WAY.
The Ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
14. SECOND READING
ADOPTING THE STANDARD PLUMBING CODE, 1985 EDITION, AND THE STANDARD GAS CODE,
1985 EDITION, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO, AS THE
PLUMBING CODE OF THE CITY OF CORPUS CHRISTI; AND PROVIDING FOR AN EFFECTIVE DATE
OF JUNE 1, 1986.
The Ordinance was read for the second time and passed to its third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
_nutes
Regular Council Meeting
April 1, 1986
Page 7
15. SECOND READING
ADOPTING THE STANDARD
THEREIN AND ADDITIONS
CHRISTI; AND PROVIDING
The Ordinance was read
follows: Jones, Best,
Strong voting "aye."
16. SECOND READING
MECHANICAL CODE, 1985 EDITION, WITH CERTAIN CHANGES
THERETO, AS THE MECHANICAL CODE OF THE CITY OF CORPUS
FOR AN EFFECTIVE DATE OF JUNE 1, 1986.
for the second time and passed to its third reading as
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
AMENDING CHAPTER 36 OF THE CITY CODE TO RESTRICT SMOKING, THE USE OF PYROTECHNIC
DEVICES, NOISE LEVELS, AND SEATING IN THE COLISEUM, BAYFRONT PLAZA CONVENTION
CENTER EXHIBIT HALL, AND BAYFRONT PLAZA AUDITORIUM PROVIDING A PENALTY FOR EACH
SEPARATE VIOLATION OF NOT LESS THAN $50.00 NO MORE THAN $200.00; AND PROVIDING
FOR SEVERABILITY.
The Ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and
Strong voting "aye."
* * * * * * * * * * * * *
Mayor Jones called for consideration of the regular motion.
17. Amending General Bid Specifications at Section (B-7-5) to provide local
labor shall be used by the contractor if available.
the
Mayor Jones then read the following statement which would be included
City's bid specifications:
Local labor shall be used by the Contractor if available. The
Contractor may bring in from outside the City his key employees, and
superintendent. All other employees, including equipment operators,
may be imported only after the local supply is exhausted. The
Contractor shall employ such superintendents, foremen, and workmen as
are careful and competent and the Engineer may demand the dismissal of
any person or persons employed by the Contractor in, about or on the
work who shall misconduct himself or be incompetent or negligent in
the proper performance of his or their duties or neglect or refuse to
comply with the directions of the Engineer, and such person or persons
shall not be employed thereon again without the written consent of the
Engineer. All workmen shall have sufficient skill and experience to
perform properly the work assigned them. The Contractor shall furnish
such equipment as is considered necessary for the prosecution of the
work in an acceptable manner and at a satisfactory rate of progress.
All equipment, tools and machinery used for handling materials and
executing any part of the work shall be subject to the approval of the
in
mutes
Regular Council Meeting
April 1, 1986
Page 8
Engineer and shall be maintained in a satisfactory working condition.
Equipment on any portion of the work shall be such that no injury to
the work or adjacent property will result from its use.
Mayor Jones stated that the Council's intent is to give priority to the
hiring of local employees, and at the same time not be in conflict with the law.
A motion was made by Council Member Guerrero that the above item be
approved; seconded by Council Member Slavik.
Mr. Philip Rosenstein, 949 Bobalo, stated that he is in favor of the motion
and it is an action that Corpus Christi has needed for a long time.
The motion to approve item 17 passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for a 5 minute recess at 2:25 p.m.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on two zoning cases:
18. Application No. 386-1, Corpus Christi Independent School District: For a
change of zoning from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District on Lots 28, 29, and 30, Block 10, of the
Paul Cox Re -Subdivision of a portion of Block 10, Patrick Webb Addition,
located on the northwest corner of Morris Avenue and 20th Street.
Assistant City Manager Tom Utter stated that in response to the 34 notices
of the hearing, 1 was returned in favor; none were returned in opposition; the
Planning Commission and Planning Staff recommend denial, and in lieu thereof,
grant a special permit for a school parking lot with shrubbery to serve as
screening between the parking lot and adjacent residences to the north and west.
Mr. Utter stated that CCISD is in agreement with the special permit.
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.
In response to a question from Mayor Jones, Mr. Wenger stated that the site
plan requires a screening of tall shrubs with a 4' chainlink fence and low
shrubs along Morris and 20th Streets.
In response to a question from Council Member Strong, Mr. Wenger stated
that if the property is no longer used as a parking lot, as outlined in the
special permit, the zoning would then revert back to "R -1B."
_mutes
Regular Council Meeting
April 1, 1986
Page 9
Mr. Gene Schilhab, representing the Corpus Christi Independent School
District, stated that this parking lot would allow them to offer off-street
parking for their staff; there will be approximately 20 parking spaces; and one
of their concerns is for the safety of the children.
Mr. Erasmo Beltran, 613 20th, presented a petition containing 14 signatures
from the surrounding properties. Mr. Beltran stated that he does not object to
the special permit, but requested that concrete blocks be placed in the parking
lot, as opposed to the shrubbery, to prevent cars from knocking down his fence
which is behind the parking lot.
Mr. Utter displayed the site plan to Mr. Beltran pointing out the concrete
curb that will be around the property.
Council Member Strong inquired if Mr. Beltran was satisfied with what was
shown on the site plan, and Mr. Beltran stated that he was.
Council Member Slavik stated that on a piece of property on Upper Broadway,
the Council required a concrete fence and she inquired if this was similar. Mr.
Utter stated that it was not, in that this property will have a 6" curb.
A motion was made by Council Member Guerrero that the hearing be closed;
seconded by Mayor Pro Tem Best; and passed unanimously.
City Secretary Chapa polled the Council for their vote on the ordinance
effecting the zoning change as follows:
ORDINANCE NO. 19252
AMENDING THE ZONING ORDINANCE UPON APPLICATION OF CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SCHOOL PARKING LOT ON
LOTS 28, 29, AND 30, BLOCK 10, PAUL COX RESUBDIVISION OF A PORTION OF BLOCK 10,
PATRICK WEBB ADDITION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
* * * * * * * * * * * * *
19. Application No. 386-2, Marisa L. Hogan Trust, Theodore Hogan, Jr. Insurance
Trust: For a change of zoning from "R -1B" One -family Dwelling District to
"R-2" Multiple Dwelling District on a tract of land being 4.948± acres out
of Lot 25, Section 54, Flour Bluff and Encinal Farm and Garden Tracts,
located on the north side of Glenoak Drive, approximately 140' east of
Meadowwood Street.
Mr. Utter stated that in response to the 35 notices of the hearing, none
mutes
Regular Council Meeting
April 1, 1986
Page 10
were returned in favor; 24 were returned in opposition, plus 19 in opposition
from outside the area of notification; a petition containing 104 signatures in
opposition was received; and the Planning Commission and Planning Staff
recommend denial.
Mr. Utter stated that the 20% rule is in effect.
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 explained that the property was originally zoned
rezoned "R-2"; and because of the Flour Bluff Comprehensive
property was zoned "R -1B." He stated that development never took
property was zoned "R-2."
"R -1B"; it
Rezoning,
place when
was
the
the
Mr. Bob Thorpe, representing MBank Trust, stated that this is a hardship
case; the property was purchased in 1979 for the purpose of additional income
and at that time was put in trust; and he stated that the opposition is
concerned that low-income apartments would be constructed. He stated that Mrs.
Hogan was not aware until recently that the property was rezoned to "R -1B";
MBank did not receive notice of the change of zoning during the Comprehensive
Rezoning and neither did the Houston tax agency. He pointed out that the main
purpose of the Comprehensive Rezoning was for the clear zone areas and Mrs.
Hogan's property is not in a clear zone; therefore, he does not feel that this
request to rezone the property "R-2" violates the spirit of the Comprehensive
Plan.
Mr. Thorpe provided the Council with copies of a proposed plan to build
duplexes on the subject property; it will be developed into 15 lots, each of
which will have one duplex; and he feels the streets can handle the additional
traffic and that utilities will not pose a problem. Mr. Thorpe pointed out
again that no notice was received regarding the Comprehensive Rezoning. Mr.
Thorpe reiterated that the opposition was caused by misrepresentation and that
"R-2" zoning is not incompatible with the surrounding neighborhood.
Council Member Strong
Flour Bluff Rezoning, and
notice, Mrs. Hogan did not
that although notices were
did not affect Mrs. Hogan's
questioned Mr. Thorpe regarding notification of the
Mr. Thorpe reiterated that MBank did not receive
receive notice, nor the taxing agency. He stated
published in the newspaper, it was thought that it
property.
Council Member Strong pointed out that the property is in trust for the
Hogan children; therefore, it will be the Trust Department that will build the
duplexes. She inquired as to why the Trust Department did not explore this
situation of the zoning, and Mr. Thorpe stated that when they did start
investigating, they discovered that the property was zoned "R -1B."
In response to Mrs. Strong's question, Mr. Thorpe stated that the value of
each duplex will be $80,000 and the square footage would be 1200' per unit.
Mr. Utter explained that during the Comprehensive Rezoning there would have
mutes
Regular Council Meeting
April 1, 1986
Page 11
been a notice sent prior to the Planning Commission hearing and then a second
notice prior to the City Council hearing; City records indicate that a notice
was sent to James A. Hall and Associates in Houston; in addition, there were
legal notices in the newspaper, plus a full page notice was published twice in
the paper. He stated that the names of the property owners are taken directly
from the tax rolls, therefore, Mrs. Hogan and MBank would not have received a
notice, but rather the Houston taxing agency would have. He stated that the
staff is confident that notice was sent to James A. Hall and Associates twice.
Council Member Guerrero inquired if a special permit, subject to a site
plan, which would be acceptable to the community, would satisfy Mr. Thorpe, and
Mr. Thorpe replied in the affirmative.
Mr. John Westervelt, 4426 Hamlin, Co -Executor
purpose of the request is to help the widow, Mrs
zoning of "R-2" which existed when she purchased
the property value has diminished and that Mrs
adverse zoning. He stated that the property was
knowledge or consent.
with MBank, stated that the
. Hogan, restore the previous
the property. He stated that
. Hogan has been damaged by
rezoned without Mrs. Hogan's
Mayor Pro Tem Best pointed out that there would have been a major change in
taxes when the property was rezoned, and that MBank Trust Department should have
noticed this change.
Mr. Thorpe stated
Ms. Judy DeWal
undesirable tenants,
respected.
he would investigate this.
pointed out that rental properties do not house only
and she feels that Mrs. Hogan's rights have not been
Ms. Ann Wright, MBank, stated that she can verify that the Bank did not
receive notice of the zoning change and neither did Hall and Associates. She
stated that apartments will not be built on this property; and this will be an
investment for Mrs. Hogan's children's education and Mrs. Hogan's retirement.
Ms. Wright stated that in the map that was published in the newspaper regarding
the Comprehensive Rezoning, Mrs. Hogan's property does not reflect a change.
Ms. Wright displayed the map to the Council, and Mr. Wenger stated that the
change is noted.
Mr. Fred Woeller, 309 Juniper, stated that he and the surrounding neighbors
are opposed to the rezoning, but they hold no personal feelings against Mrs.
Hogan. Mr. Woeller stated that there are 3 apartment complexes within 2 blocks
of this area. Mr. Woeller stated that he had a petition containing 104
signatures opposed to the zoning change. (Note: The petition was not given to
the City Secretary for record) Mr. Woeller displayed a drawing showing the
property in question and the surrounding properties that were opposed to the
change. Mr. Woeller stated that they are trying to maintain the present quality
of life that now exists in this neighborhood; it is a very nice, quiet area;
they feel, because of existing drainage problems, that construction of duplexes
would only worsen the drainage; and that Glenoak Street cannot handle the
mutes
Regular Council Meeting
April 1, 1986
Page 12
additional traffic. He stated that they are not opposed to single-family
houses, but only against "R-2" zoning.
Council Member Strong inquired if the neighborhood would consider a
compromise for a special permit that would allow only duplexes, as shown on the
map provided by Mr. Thorpe, and Mr. Woeller stated he disliked rental property
in the neighborhood.
Mr. Utter stated that a cul-de-sac could be constructed through the
property and considering the size of the property, it could contain 22
single-family homes, as opposed to 30 units under "R-2."
Council Member Slavik inquired if this was in the AICUZ area, and Mr. Utter
stated that it was not.
Council Member Slavik stated that the residents bought in the area because
they thought the surrounding property was zoned "R -1B."
Discussion followed regarding what areas were developed at different time
periods.
Council Member Slavik expressed her concern regarding the lack of
notification to the bank, and Mr. Utter reiterated that the bank was not
supposed to receive notice nor Mrs. Hogan, but rather the taxing agency. He
emphasized the point that the staff feels notices were provided to James A. Hall
and Associates.
Discussion followed regarding the number of lots that could be platted
under "R -1B" as opposed to "R-2."
Mr. John Wranosky, 2610 Debra, stated that he is opposed to the zoning
change, citing drainage problems.
Mr. Vern Shirley, 2621 Meadowwood, stated that he was opposed because he
bought his property because it was a nice, quiet area and he feels that if the
zoning is changed, this will no longer be true. He stated that there are many
elderly residents in the neighborhood who are also hardship cases like Mrs.
Hogan.
Mrs. David T. Lowry, 219 Juniper, stated that she is opposed to the zoning
change, citing sewage and water pressure problems. She pointed out that there
are numerous vacant houses and apartments in the area.
Ms. Elizabeth Starr, 2638 Debra, stated that the neighbors do not want
apartments in the area. She also stated that Mrs. Hogan plans to move in the
future, therefore she does not care what is located behind her property.
There were no further comments from the audience; a motion was made by
mutes
Regular Council Meeting
April 1, 1986
Page 13
Mayor Pro Tem Best that the hearing be closed; seconded by Council Member
Mendez; and passed unanimously.
Council Member Mendez made a motion to uphold the Planning Commission and
Planning Staff's recommendation and deny Application No. 386-2; seconded by
Council Member Slavik.
Council Member Pruet stated that he would support the motion; he acknow-
ledged that there is a problem in the notification procedure, but he cannot
conceive of their receiving notice and not taking some action on it. He also
pointed out that he cannot conceive of the staff not sending a notice, but he
does have concerns regarding notification.
Council Member McComb suggested sending the notices by registered mail.
Mayor Jones requested a report from the staff on the cost and manpower
involved in sending registered notices. Mayor Jones stated that there was a lot
of publicity regarding the Flour Bluff Rezoning and he finds it hard to believe
that the taxing agency was not notified or that Mrs. Hogan or MBank were unaware
of the rezoning.
Mr. Briones pointed out that the State law does not require the mailing of
the notices for the hearing before the Council, only the hearing before the
Planning Commission.
Mr. Utter stated that every property owner of record in Flour Bluff was
sent a notice regarding the Flour Bluff Comprehensive Rezoning.
The motion to deny the application passed as follows: Jones, Best,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience; there were none.
On motion by Council Member Pruet; seconded by Council Member Slavik and
passed unanimously; the meeting was adjourned at 4:16 p.m., April 1, 1986.
/td
!'u nutes
Regular Council Meeting
April 1, 1986
Page 14
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 April
1, 1986, which were approved by the City Council on April 3, 1936.
WITNESSETH MY HAND AND SEAL, this the I(p day of
at
19.
Armando Chapa, City Secreta
City of Corpus Christi, Texas
Luther J , MAYOR