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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