HomeMy WebLinkAboutMinutes City Council - 10/07/1986PRESENT:
Mayor Luther Jones
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
OCTOBER 7, 1986
2:00 P.M.
City Manager Craig A. McDowell
Asst. City Attorney Jimmy Bray
City Secretary Armando Chapa
Absent
Mayor Pro Tem Jack Best
Mayor Jones called the meeting to order in the Council Chamber of City
Hall.
The invocation was given by Reverend Milton Muehlberger of Abiding Savior
Lutheran Church, following which the Pledge of Allegiance to the Flag of the
United States was led by Mrs. Drue Combs.
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.
A motion was made by Council Member Slavik to excuse the absence of Mayor
Pro Tem Best; seconded by Council Member Pruet; and passed unanimously.
A motion was made by Council Member Guerrero that the minutes of the
Regular Council Meeting of September 30, 1986, be approved as presented;
seconded by Council Member Slavik; and passed unanimously.
* * * * * * * *
Mayor Jones and Council Member Pruet presented a proclamation to
representatives of P.J.'s Crystal Bowl and Ayers Bowling Lane proclaiming
Saturday, October 11, 1986 as "Super Bowlin' Saturday."
*Council Member Strong arrived at 2:08 p.m.
MICROFILMED
Minutes
Regular Council Meeting
October 7, 1986
Page 2
Mayor Jones presented a resolution to Ms. Cindy Kroeger and Ms. Suzanne
Anthony for their efforts in making Bayfest a
Bayfest a state-wide event.
success and in support of making
Mayor Jones presented a proclamation to Paula Gaut for her support and
efforts towards Keep America Beautiful and proclaiming October 7, 1986 as "Paula
Gaut Day."
* * * * * * * * * * * * *
City Manager McDowell announced that Mrs. Irma Caballero, Director of JTPA,
had been named Outstanding Woman of the Year by the YWCA in the field of
government.
* * * * * * * * * * * * *
Mayor Jones administered the Oath of Office to Ms. Melba Jiminez, newly
appointed member of the Sister City Committee.
* * * * * * * * * * * * *
A motion was made by Council Member Slavik that the following board and
committee appointments be confirmed; seconded by Council Member Strong; and
passed unanimously.
Private Industry Council
Judith E. Oestrich (term to 6/30/88)
Sister City Committee
Jamie Cook (term to 9/87)
Museum Advisory Board (terms to 9/1/89)
Sue Rees
Cathryn Coari
Maronelle Hoting
Oscar Garza, Jr.
Dan E. Kilgore
Cecil Burney
Mechanical Advisory Board
Shawn Bodine (term to 1/2/88)
Landmark Commission
Laura P. Rodriguez (term to 11/20/86)
Claude V. D'Unger (term to 11/20/87)
* * * * * * * * * * * * *
Mayor Jones called for
through 9.
consideration of the Consent Motions, items 1
Minutes
Regular Council Meeting
October 7, 1986
Page 3
Council Member Slavik referred to item 3, change order 4 to the contract
for the improvements to the Allison Plant Expansion, and asked why these items
were not included in the original contract.
Assistant City Manager James K. Lontos stated that most of the paving has
been asphalt because it was best on flexible material, but after review, the
area was found to be sandy and the concrete would be a better pavement and would
last longer. He stated that the other items are basically safety items; they
are rather small individually; and since the project was originally developed 4
to 5 years ago, more deterioration has been found. He pointed out that all of
the items are eligible for EPA participation at 75%.
Council Member Berlanga referred to item 8, beach cleaning contract with
Nueces County, and inquired if the City could perform cleaning of its own beach.
Assistant City Manager Tom Utter explained that the County has crews on the
beach for cleaning and it is more cost effective to have those crews clean the
City portion of the beach, which is in front of the seawall; the contract also
includes lifeguards from May to Labor Day; the lifeguards are also paramedics; a
portion of the money is reimbursed by the State; it is not known if this will be
reimbursed this year because of the State funding crisis; and the County also
furnishes trash receptacles and skid -o -cans.
Mayor Jones asked for comments regarding item 9, accepting the proposal of
Arthur J. Gallagher & Co. to provide an insurance package to the City for a one
year period. Mr. Juan Garza, Director of Finance, provided the Council with a
memorandum and recommendation regarding the insurance.
Mr. Gerald Michalak, with Arthur J. Gallagher & Co., explained Option I
which includes $250,000 self-insured Retention Workers' Compensation, General
Liability, Paramedic Liability, Police Professional, Malpractice/Clinical,
Public Officials; Excess Public Officials, $2,000,000 per occurrence; Excess
Workers' Compensation, $10,000,000 per occurrence; Property, $106,000,000
Blanket Values; $400,000 Excess of $100,000 SIR; $100,000 Self -Insured
Retention; Loss Fund, $3,000,000; and $1,000,000 Excess $3,000,000.
He further explained that under
buildings and contents are insured, but
stated that there is $500,000 worth of
etc.
this coverage, in case of hurricane,
for instance, a fishing pier is not. He
coverage for street lights, stop signs,
He explained that the total fixed cost is $649,358.
Council Member Berlanga inquired if new construction
Mr. Michalak replied in the affirmative.
Mr. Michalak explained that for coverage of fishing
be dollar for dollar; therefore, it is not recommended at
would be included and
piers, the cost would
this time, but perhaps
Minutes
Regular Council Meeting
October 7, 1986
Page 4
when the market softens, it might be an opportune time to purchase the
insurance. He also explained that the drop down makes up for the combination
losses that may occur.
Council Member Mendez inquired if the cost increased 11% over last year,
and Mr. Michalak replied in the affirmative.
Mr. Michalak gave a cost -breakdown as follows: London Package $230,000;
Drop Down, $12,000; Excess Property, $95,138; Excess Workers' Compensation
$48,670; Boiler, $1,020; Airport Liability $75,000; Airport Liability Excess,
$14,700; Gallagher Bassett, $195,000; Public Officials, $135,000; Arthur J.
Gallagher Fee, $55,000; tax, $15,419; total $876,947 plus loss fund of
$3,000,000, for a total of $3,876,947.
In response to a question from Council Member Slavik, Mr. Garza explained
that the loss fund is in the self-insurance fund and it is invested.
Mr. Michalak stated that the carriers are London, Appalachian, National
Union, and Midwest Employers.
In response to a question from Council Member Guerrero, Mr. Michalak stated
that he works very closely with the Department of Safety and Risk Management.
Mr. Michalak explained Option II which includes $250,000 for excess
casualty and $250,000 aggregate coverage for public officials. He stated that
the cost for the $250,000 is $245,000, and he, as a broker, does not feel that
this is a good provision and he recommends Option I.
Mr. Michalak stated that other cities do not have one-third the program
that the City of Corpus Christi has; the City is more insurable because of
experiences over the last 5 years; the City has professional claims service; and
the Legal Department is very cooperative.
Mr. Michalak stated that he is area Vice President for Arthur J. Gallagher
& Co.; Gallagher Bassett performs claims handling; their office is located in
Corpus Christi; and they have been insuring the City since 1979. He stated that
Arthur J. Gallagher provides investigations, monthly reports, claims handling,
and they are located in Dallas.
There were no comments from the audience on the Consent Motions; a motion
was made by Council Member Slavik that items 1 through 9 be approved; seconded
by Council Member Guerrero; and passed unanimously with Mayor Pro Tem Best being
absent.
1. M86-0420
Rejection of bids received for field tire repair service due to lack of
competition and approval of specifications and authorization to receive new bids
for a twelve month supply agreement. The term of this agreement will be twelve
Minutes
Regular Council Meeting
October 7, 1986
Page 5
months 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. These items will be used by the Equipment Maintenance Division.
Estimated annual expenditure is $65,000. Funds were approved in the 1986-87
budget.
2. M86-0421
Approving the following actions on the Oso Trunk Sewer Main Sliplining, Phase I
project:
a. The contractor be granted a 45 -day time extension.
b. $25,000 be withheld from remaining funds due the contractor pending
resolution of a damage claim by Southwestern Bell Telephone Company
along the route of the work.
c. Payment of remaining funds in the amount of $153,106.12 be authorized
to Channel Construction Co., Inc.
d. An interim, but not final, acceptance of the project be made.
The total cost of the work performed by Channel Construction Company is
$1,733,973.70.
3. M86-0422
Authorizing Change Order No. 4 to the contract with Basic Constructors, Inc. for
the improvements to the Allison Plant Expansion project. Change Order No. 4
includes twelve items for a total amount of $69,473.
4. M86-0423
Authorizing acquisition of a parcel of land (1129) located between Countiss Drive
and McCain Drive at a cost of $675 for the Turkey Creek Drainage Improvements
project.
5. M86-0424
Authorizing acquisition of a parcel of land (1111) located at the southeast
corner of Padre Island Drive and Cameron Street at a cost of $3,750 for the
Padre Island Drive - Bush to Agnes Improvements.
6. M86-0425
Scheduling a public hearing on October 28, 1986, on the closure of Whitecap
Boulevard from near Tortugas Avenue to Windward Drive. The closure of this
existing right-of-way is being requested in order to realign Whitecap Boulevard
Minutes
Regular Council Meeting
October 7, 1986
Page 6
to provide a direct connection for traffic flow from South Padre Island Drive to
the public beach area.
7. M86-0426
Authorizing the Municipal Arts Commission to appoint an Ad Hoc Peer Panel, made
up of art specialists, to assist in the review of subgrant applications.
8. M86-0427
Authorizing the City Manager or his designee to execute an agreement with Nueces
County providing for maintenance services on the public beach at Padre Island,
annexed by Ordinance No. 16752; services to include provisions from May 17,
1987, through August 31, 1987, inclusive, for lifeguards, lifeguard stations,
and portable restrooms; and provisions for trash receptacles, trash pickup,
beach cleaning and beach maintenance on a year-round basis. Funds for this
contract are budgeted under Community Services in the Park and Recreation
Department.
9. M86-0428
Authorizing the City Manager to accept the proposal of Arthur J. Gallagher & Co.
to provide an insurance package to the City for the period October 1, 1986 to
October 1, 1987.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 10
through 14.
Mayor Jones referred to Ordinance 10, accepting the Flour Bluff South End
Laterals, Phase III, project, and asked what the cost is to tie into the City
sewer line.
Mr. Lontos stated that if the property is hooked up within six months, the
cost is $2 per front foot, $150 tapping fee, and $105 surcharge. He stated that
after six months, the rates increase to $5, $643, and $111 respectively. He
stated that the property must be platted in order to hook up.
Mayor Jones stated that the Council should consider mandatory hook up for
properties where sewer service is available.
Mr. Lontos stated that the Health Department can demand hook up if the
septic tank is a health hazard.
Mr. Lontos explained that if the lots are vacant and the sewer line is
available, when the property owner wants to construct a home, it is mandatory
that they tie into the sewer line.
finutes
Regular Council Meeting
October 7, 1986
Page 7
Council Member Slavik suggested that Becky Gadell, Information Services,
prepare a story, to be given to the Flour Bluff Sun, regarding the cost savings
for early hook up
Mr. Lontos stated that this could be done.
Mayor Jones stated that property owners in the area should be sent a letter
explaining the advantages of tieing into the City sewer line.
At the request of Mrs. Slavik, Mr. Lontos stated that he would find out who
owns Isles Engineering & Construction Company, the contractor on this project.
Council Member Strong pointed out that individuals who have not constructed
yet, and will not within the next six months, cannot qualify for the lower
prices, and Mr. Lontos agreed.
Council Member Berlanga stated that hook up should be mandatory, and he
suggested that an ordinance be drafted to that affect.
Mayor Jones asked for a staff report on what other cities do regarding
sewer hook up and how many people are not hooked up to City sewer.
Council Member Mendez stated that the information should be reviewed, but
pointed out that some people have gone to great expense to install septic tanks
and this should be discussed also.
Mayor Jones asked that a report be assembled and analysis of all of the
factors, and this be made an agenda item when the information is available.
Council Member Slavik referred to Ordinance 11, aerial photogrammetry, and
inquired if this is less expensive or better than surveys.
Mr. Lontos stated it is both less expensive and better; this will be used
for street projects because the physical facilities of the abutting properties
are needed; it is a very cost effective item; and staff feels it will be to the
benefit of the City. He stated that this system saves survey and drafting time.
Council Member Slavik referred to Ordinance 13, abandonment of an easement
for encroachment, and inquired if the property owner is penalized for
constructing in the easement.
Mr. Lontos stated that there is no damage if it is a minor encroachment; if
a home is built over a sewer line, staff would not recommend abandonment; and it
is a requirement that the owner replat the property in order that the record can
be clear.
There were no comments from the audience; City Secretary Chapa polled the
Council for their votes; and the following were approved:
Minutes
Regular Council Meeting
October 7, 1986
Page 8
10. ORDINANCE NO. 19514
APPROPRIATING $26,000 OUT OF NO. 250 SANITARY SEWER BOND FUND FOR ADDITIONAL
FUNDING FOR FINAL PAYMENT INCLUDING RETAINAGE INTEREST TO THE CONTRACTOR, ISLES
ENGINEERING AND CONSTRUCTION, INC.; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Best absent.
11. ORDINANCE NO. 19515
APPROPRIATING $31,985 FROM THE STREET BOND FUND FOR AERIAL
ASSIST IN THE PLAN PREPARATION OF STREET PROJECTS INCLUDED
ELECTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting
absent at the time the vote was taken; Best absent.
12. ORDINANCE NO. 19516
PHOTOGRAMMETRY TO
IN THE 1986 BOND
follows: Jones,
"aye"; Guerrero
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 3 IN CONNECTION WITH THE SOUTH BLUFF PARK EXPANSION PROJECT;
APPROPRIATING $30,735; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Best absent.
13. ORDINANCE NO. 19517
CLOSING AND ABANDONING A PORTION OF THE 7.5 FOOT WIDE UTILITY EASEMENT OUT OF
LOT 27, BLOCK 8, BRIGHTON VILLAGE SUBDIVISION UNIT 4, SUBJECT TO THE PROVISIONS
LISTED BELOW; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Best absent.
14. ORDINANCE NO. 19518
AMENDING CHAPTER 6, ANIMAL CONTROL, SECTION 6-25, LOAN OF SMALL ANIMAL TRAPS;
PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Best absent.
Minutes
Regular Council Meeting
October 7, 1986
Page 9
RESOLUTION 19519 (See page 2)
SUPPORTING BAYFEST INC'S. EFFORTS TO BECOME A "STATE FESTIVAL" AND FURTHERMORE
COMMENDING THE 1986 CHAIRPERSONS, CINDY KROEGER AND SUZANNE ANTHONY, FOR THEIR
HARD WORK AND DILIGENCE IN STAGING A SUPER BAYFEST IN 1986; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Berlanga, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Guerrero
absent at the time the vote was taken; Best absent.
* * * * * * * * * * * * *
Mayor Jones called for consideration of Ordinance 15, disposal of handguns
and other dangerous weapons.
Council Member Mendez stated that in the past, these items were sold and
auctioned and now this will allow the weapons to be destroyed, and City Manager
McDowell replied in the affirmative.
Assistant City Attorney Bray explained that this will relate to unclaimed
handguns; there are other procedures for returning guns to the owner; in the
past, unclaimed guns were filed with district court; review of this revealed
that there is no authority for this procedure; therefore, it is a question of
how to dispose of unclaimed weapons. He stated that this will provide that
pistols and knives can be destroyed rather than auctioned.
Council Member Strong questioned the reasoning for destroying the weapons
as opposed to auctioning.
Mr. Bray stated that it is a matter of public safety.
Council Member Strong stated that she questions destroying legal weapons,
because it will not take weapons off the street.
Mr. McDowell stated that safety is the main issue.
It was decided by the Council that the Ordinance would be read three times,
instead of as an emergency ordinance.
There were no comments from the audience on this ordinance; City Secretary
Chapa polled the Council for their votes as follows:
15. FIRST READING
AMENDING CHAPTER 17, FINANCE AND TAXATION, BY AMENDING SECTION 17-60, AUTHORITY
TO SELL AT AUCTION, AND BY ADDING A SECTION 17-68, AUTHORITY TO DISPOSE OF
HANDGUNS AND OTHER DANGEROUS WEAPONS, SETTING FORTH GUIDELINES FOR DESTRUCTION
OF ABANDONED HANDGUNS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
Minutes
Regular Council Meeting
October 7, 1986
Page 10
The Ordinance was read for the first time and passed to second reading as
follows: Jones, Berlanga, McComb, Mendez, Pruet, and Slavik voting "aye";
Strong voting "no"; Guerrero absent at the time the vote was taken; Best absent.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on annexation of an 11 -acre tract
of land out of Lots 9-14 and 19-24, Section 6, Flour Bluff and Encinal Farm and
Garden Tracts.
Mr. Larry Wenger, Director of Planning, stated that this is a 120 -foot wide
right-of-way which is a continuation of Yorktown Boulevard from Staples in an
easterly direction. He stated that the City owns the property and the road is
under construction.
In response to a question from Council Member Strong, Mr. Wenger stated
that the street needs to be annexed so that the City will have control of it.
There were no comments from the audience; a motion was made by Council
Member Slavik that the hearing be closed and a first reading ordinance annexing
the land be placed on the agenda next week; seconded by Council Member McComb;
and passed unanimously by those members present.
* * * * * * * * * * * * *
Mayor Jones called for petitions from the audience and inquired of Sgt. Ace
Shedd if he was here to speak as a private citizen or as President of the Union.
Sgt. Shedd stated that he was present to speak as President of the Corpus
Christi Police Officers Association.
Mayor Jones inquired if it was legal for Sgt. Shedd to do this.
City Attorney Bray stated that since this is open forum, Sgt. Shedd is
permitted under federal law to address the Council; there is no restriction, as
a result of collective bargaining, from preventing a union representative from
appearing before the Council.
Mayor Jones stated that if this is a contract matter, it would be between
the City Manager and the Union.
Mr. Bray reiterated that there is nothing in the contract to prevent this.
Mayor Jones stated that every time there is a difference, the Union should
not make a presentation to the Council; he would like the conditions researched
under which presentations can be made directly to the Council rather than
through the contract, and copies of the outcome provided to the Council and
Union.
Minutes
Regular Council Meeting
October 7, 1986
Page 11
Council Member Mendez stated that it would not matter if other members came
before the Council; everyone has an opportunity to appear before the Council;
and he does not feel that the appearance of Sgt. Shedd conflicts with the
contract.
Mayor Jones challenged the propriety of Sgt. Shedd's appearance because the
presentation has not been made to the City Manager.
Sgt. Act Shedd, President of the Corpus Christi Police Officers
Association, stated that it does not matter to him what title he goes by in
order to appear before the Council; the problem has been brought to the
Council's and City Manager's attention; and he will take it to whatever length
is necessary. He stated that there are many questions about the report;
questions have not been answered; details were not addressed or explained; the
Council made the point that this is a personnel matter; this is no longer a
personnel matter, but a matter that is affecting the entire community;
therefore, it is the Council's responsibility to become involved in the issue.
He stated that he intends to pursue the matter until not only the Police
Officers are satisfied, but also the people of Corpus Christi.
Mayor Jones stated that the Council is in receipt of a petition signed by
top echelon in the Police Department which reflects that there is not unity of
opinion on this issue. He stated that he has received many calls on this issue
and that citizens are concerned about whether the Police Chief is managing the
Police Department or the Union is managing the Police Department.
Sgt. Henry Whitman, Vice President, Corpus Christi Police Officers
Association, spoke in rebuttal to the statement made by Mayor Jones regarding
the petition. He stated that the individuals that signed the letter in support
of Chief Banner were intimidated, as far as salary increases, to do so. He
stated that the letter does not address the individual issue at hand. Sgt.
Whitman stated that the investigation should be thorough and it was not; they
just want the right answers; the citizens deserve it; and the rank and file
deserve it. He stated that he resents the fact that the Police Officers
Association is being attacked because of what has occurred.
Reverend Shamoon appeared before the Council and Mayor Jones informed him
that the next time he set up a P.A. system next to City Hall during a Council
meeting, he would take action against him. (Mayor Jones was referring to the
Council meeting of 9/30/86.) He stated that Reverend Shamoon was there for the
purpose of interfering with the Council meeting.
Reverend Shamoon stated that he had no malicious intent as far as the
Council was concerned.
Reverend Shamoon then provided the Council with information regarding Ozzie
Osbourne and stated that parents are suing Ozzie Osbourne because children have.
died as a result of lyrics in his songs. He stated that his songs encourage
Minutes
Regular Council Meeting
October 7, 1986
Page 12
suicide. He stated that the City should have an ordinance regarding safety of
the children to prevent these types of concerts.
Mr. Dave Winkle, 2709 Blackstone Circle, stated that he represents seven
homeowners in Brandywine II Subdivision. He stated that a local builder is
planning to build substandard housing in the subdivision; the builder is
planning to sell the homes from $50,000 to $60,000; the homes in the subdivision
are in the $85,000 to $90,000 range; the deed restrictions in 1984 specified the
type of material and selling price; in August, 1985, amended deed restrictions
were filed which changed the type of material and the selling price; they feel
the amended deed restrictions were filed illegally because the VA and FHA were
not notified, for their approval, of the amendments as is required. He stated
that Nueces Development Company and Parkdale Bank violated the deed
restrictions. He asked that the Council not allow the builder to obtain
building permits for these homes. He stated that he and the neighbors do not
have the financial resources to pursue this matter in court. He stated that the
builder is Mr. Cruz, and he urged that the building permits not be issued.
Council Member Strong stated that she had brought this matter to the
Council's and staff's attention during the workshop meeting, and she would like
to hear comments from the staff.
Council Member Berlanga stated that the City should be involved to some
extent in enforcing deed restrictions. He stated that when builders obtain a
building permit, they should be informed of the deed restrictions, and the legal
staff should explore this issue to see if there is some way the City can give
these people relief.
Council Member McComb inquired if the homes will be the first built under
the amended deed restrictions, and Mr. Tom Williams, Brandywine II Subdivision,
stated that three homes have already been built.
Mr. Williams stated that he went to San Antonio and spoke to the VA and FHA
and they are very concerned. He stated that he feels sure that legally the City
cannot do anything, but financially, the neighbors cannot.
Council Member McComb agreed that legally the Council cannot do anything,
but the Council can send a letter to the VA and FHA regarding this matter.
Assistant City Attorney Bray agreed that a letter could be written.
Council Member Strong asked for remarks from Mr. Utter.
Assistant City Manager Utter stated that the Planning Department performed
a quick research; there was an amendment filed; the basic problem is that the
City does not have the authority; the only City that has authority over deed
restrictions is Houston; staff has not spoken to FHA or the HUD Insuring Office;
staff will provide a detailed report next week; and this is a common occurrence
wherein a developer makes changes in the deed restrictions.
,tinutes
Regular Council Meeting
October 7, 1986
Page 13
Mayor Jones stated that he would like information on Houston also, to the
effect of how many people the City of Houston had to hire in order to enforce
the deed restriction and what responsibility does the City have in enforcing
covenants of private contractors.
City Manager McDowell stated that since VA and FHA were not notified, the
amended deed restrictions may not be in effect.
Council Member Pruet inquired if it were legal to make the selling price a
part of deed restrictions.
Mr. Bray stated that off -hand he does not know, but he believes there is
some question.
City Manager McDowell stated that an individual would not be able to close
escrow on a home built under the amended deed restrictions.
Council Member Slavik suggested using peer pressure and publishing the
names of developers that violate the deed restrictions.
Council Member McComb pointed out to Mr. Winkle that the developer will not
be building substandard housing, because all homes must be built to City code.
Council Member Pruet stated there is a difference of opinion as to whether
it is more detrimental to have a subdivision remain undeveloped or to develop
the subdivision with lower priced homes. He stated that the reason for some
changes is because the market has changed; there is no justification for the VA
and FHA not having approved these changes; but Mr. Winkle should ask himself
which way is better -- to have people in $60,000 homes or is his home going to
be in a detrimental market because of vacant lots.
Mayor Jones suggested that Mr. Winkle speak to the Nueces County Legal Aid
Society.
Council Member Pruet stated that a letter should be written to the Board of
Realtors to encourage them to make copies of deed restrictions for potential
home buyers and ask them to start an educational process. He stated this should
also be done by the title companies.
City Manager McDowell stated that a letter will be written to VA and FHA,
and a copy will also be given to the developer.
Mrs. Nelwyn Anderson, Municipal Arts Commission, stated that she was
pleased at the receptiveness of the Council to Jerry Allen's presentation that
was made this morning regarding the Public Arts Program.
Mrs. Anderson stated that the Commission will miss Mr. Mic Raasch, Planning
Department, who is being replaced and she wants the Council to know that he has
been very dedicated and is a very good employee.
..mutes
Regular Council Meeting
October 7, 1986
Page 14
There being no further business to come before the Council; on motion by
Council Member McComb, seconded by Council Member Strong and passed unanimously,
the meeting adjourned at 4:15 p.m., October 7, 1986.
/td
I HEREBY CERTIFY that the foregoing
Minutes of the Regular Council Meeting
October 7, 1986, which were approved by the
WITNESSETH MY HAND AND SEAL, this the
eltr .,
Luther J. es, MAYOR
is a true and correct copy of the
of the City of Corpus Christi of
City Council on October 14, 1986.
/'i day of /lfdlltsw4ar net. (%
Armando Chapa City Sectary
City of Corpus Christi, Texas