HomeMy WebLinkAboutMinutes City Council - 10/21/1986PRESENT:
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
OCTOBER 21, 1986
2:00 P.M.
City Manager Craig A. McDowell
City Attorney Hal George
City Secretary Armando Chapa
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Mayor Jones called the meeting to order in the Council Chamber of City
Hall.
The invocation was given by Reverend Medicus Rentz, Chaplain, Memorial
Hospital, following which the Pledge of Allegiance to the Flag of the United
States was led by Council Member Berlanga.
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 Strong that the minutes of the Regular
Council Meeting of October 14, 1986, be approved as presented; seconded by
Council Member Mendez; and passed unanimously.
* * * * * * * *
Mayor Jones asked City Manager McDowell to make comments regarding the
reorganization.
City Manager McDowell stated that he had presented the Council with a
reorganization during the closed meeting held during the morning workshop
meeting, and he would like to make several recommendations in that regard.
He stated that he is recommending that the position of Assistant City
Manager for Administrative Services be filled by Mr. Juan Garza, currently the
Director of Finance, and he would like to appoint Ms. Debra J. Andrews to fill
the position of Director of Finance.
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Page 2
He also recommended that Mr. Victor Medina be appointed as Director of
Engineering Services, and that Mr. Lloyd Lindeburg be appointed as Gas Super-
intendent, which was the position held by Mr. Medina.
A motion was made by Council Member McComb that the reorganization as
recommended by the City Manager be approved; seconded by Council Member Slavik.
Mayor Jones stated that this is a sound reorganization proposal by the City
Manager and he is personally pleased with it.
Council Member Berlanga stated that he is very happy about the appointments
that have been made.
Council Member McComb stated that the Deputy City Manager position has not
been eliminated, noting that there had been concern on the part of some
individuals regarding this.
City Manager McDowell stated that contrary to what was reported by the
newspaper, Mr. Ernest Briones is not out of a job.
Council Member Pruet stated that the memorandum regarding the
reorganization repeatedly used the words "more responsive"; he feels that the
individuals appointed are representative of that; the City staff is and needs to
be more responsive to the Council, the citizens, and other governmental
entities; and it is everyone's goal to be a more responsive City government.
Council Member Slavik stated that she approves of the reorganization,
noting that it is an efficient way to do business.
The following motion passed unanimously, with Mayor Pro Tem Best absent at
the time the vote was taken:
15a. M86-0435
Approving the City Manager's plan for reorganization.
* * * * * * * * * * * *
Mayor Jones administered the Oath of Office to Mr. Oscar Garza, Jr., newly
appointed member of the Museum Advisory Board.
* * * * * * * * * * * *
*Mayor Pro Tem Best arrived at 2:14 p.m.
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Page 3
Mayor Jones called for consideration of the Consent Motions, items 1
through 7; there were no comments from the audience; a motion was made by
Council Member Guerrero to approve Consent Motions 1-7; seconded by Council
Member Pruet and passed unanimously.
1. M86-0436
Approving
following
option to
conditions
designee.
supply agreements for water meters, size 5/8" through 16" to the
companies. The terms of these agreements will be twelve months with
extend for an additional twelve months at the same terms and
, subject to the approval of the supplier and the City Manager or his
Rockwell International
2,385 displacement meters
to 2"
16 turbo meters, size 4"
4 turbo meters, size 10"
Total: $123,436
2. M86-0437
size
thru 8"
and 16"
Neptune Water Meter Company
5/8" 35 turbo meters, size
15 turbo meters, size
Total: $ 12,735
Grand Total: $136,171
2"
3"
Approving a supply agreement for galvanized and black pipe fittings with the
Noland Company based on low bid for an estimated annual expenditure of
$13,673.64. The term of this agreement will be twelve 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 are for warehouse inventory.
3. M86-0438
Approving supply agreements for water treating chemicals to the following
companies for an expenditure of $651,411.34. The terms of these agreements will
be twelve 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.
Tennessee Chemicals Co., $385,171.34 & American Cyanamid Co. $266,240.00
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4. M86-0439
Approving contracts to plug and abandon wells based on low bids to the
following:
CGC Well Salvaging, Inc.
Corpus Christi, Texas
15 wells
Total: $45,388.00
5. M86-0440
Culberson Well Service, Inc.
Victoria, Texas
1 well
Total:
$ 2,185.00
Grand Total: $47,573.00
Approval of specifications and authorization to receive bids for approximately
10,000 bags of concrete mix and 1,128 bags of cement.
6. M86-0441
Approval of specifications and authorization to receive bids for approximately
402 tons of liquid chlorine delivered in tank cars to Water Production.
7. M86-0442
Approval of specifications and authorization to receive bids for a supply
agreement for the mowing and cleaning of fourteen different locations belonging
to the Water Division.
* * * * * * * * * * * * *
Mayor Jones called for consideration of the Consent Ordinances, items 8
through 14; there were no comments from the audience; City Secretary Chapa
polled the Council for their votes; and the following were approved:
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8. ORDINANCE NO. 19524
ADOPTING THE WATER, WASTEWATER, AND TRANSPORTATION PLANS FOR THE CHAPMAN RANCH
AREA AND INCLUDING THE SAID PLANS AS SUPPLEMENTS TO THE WATER, WASTEWATER &
TRANSPORTATION MASTER PLANS FOR THE CITY OF CORPUS CHRISTI: 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. 19525
AUTHORIZING THE SUBMISSION OF A PRE -APPLICATION TO THE FEDERAL AVIATION
ADMINISTRATION FOR FISCAL YEAR 1987 ENTITLEMENT FUND AND AUTHORIZING THE
EXECUTION OF ALL RELATED DOCUMENTS; 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. 19526
AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 3 TO FAA LEASE NO.
DOT-FA76SW-1196 FOR JANITORIAL SERVICE FOR 2459 SQUARE FEET LOCATED ON THE
GROUND FLOOR OF THE TOWER BUILDING WHICH SUPPLEMENTAL AGREEMENT DECREASES THE
ANNUAL RENTAL PAYMENT BY $3,860.63; 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. 19527
CLOSING AND ABANDONING A 20 -FOOT WIDE PUBLIC ALLEY BEING IN BLOCK 59, BROOKLYN
ADDITION SUBJECT TO THE PROVISIONS BELOW; PROVIDING FOR SEVERANCE; 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."
12. SECOND READING
ANNEXING AN 11 ACRE TRACT OF LAND OUT OF LOTS 9-14 AND 19-24, SECTION 6, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY THE CITY OF CORPUS CHRISTI.
The ordinance was read for the second time and passed to third reading as
follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Slavik, and Strong
voting "aye"; Pruet abstaining.
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13. SECOND READING
AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCEL 14C -D AND THREE YEAR FARMING LEASE AGREEMENT IN CONNECTION WITH THE
INTERNATIONAL AIRPORT LAND ACQUISITION PROJECT; APPROPRIATING $907,350; AND
PROVIDING FOR PUBLICATION OF SAID LEASE.
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."
14. THIRD READING - ORDINANCE NO. 19528
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.
The ordinance was read for the third time and passed as follows: Jones, Best,
Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye."
* * * * * * * * * * * * *
Mayor Jones called for consideration of the following motion:
14a. M86-0443
Approving the Shade Chaparral proposal by the Junior League, authorizing the
City Manager to execute a contract for the project with the Junior League, and
directing the Engineering Department to prepare plans and specifications and
obtain bids.
Assistant City Manager Utter stated that this proposal provides for the
landscaping of one of the principal entryways into the Convention Center
complex.
Ms. Beth Davis, Shade Chaparral Program Chairman for the Junior League,
stated that the League plans a fund raising campaign; they plan to sell Heritage
Live Oak Trees for $150 each; she then displayed a drawing; and she stated that
working with the staff has been a very positive experience.
She stated that the trees will be 2}" in diameter; they will be planted
from I.H. 37 and Chaparral to the Museum; they will not be planted in front of
the historical homes; they hope the trees will have an arbor effect; the trees
will have an irrigation system; and the trees will be planted in April. Ms.
Davis explained that the trees will have a plaque with the name of the purchaser
and in honor or memory of whom they were purchased.
In response to Council Member Slavik's questions regarding funding, Mr.
Utter stated that $351,000 was appropriated from the Parking Meter Fund for the
bridge lighting project; the actual dollar cost is $270,000; there was $470,000
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Regular Council Meeting
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budgeted in the Parking Improvement Fund; plus $61,000 in reserve. He stated
that the $200,000 necessary for this project will be obtained from the Parking
Improvement Fund; $270,000 has been taken out for the bridge; this leaves a
balance of $200,000. He stated that there is $61,000 in reserve and that was
incorporated in the budget to be used for contingency items; i.e., traffic
studies.
Council Member McComb made a motion that the Council purchase a tree in
honor of Mayor Jones; seconded by Council Member Strong.
Ms. Lila Browning, President of the Junior League, stated that they are
very enthusiastic about the project; they wanted to honor the Mayor also; and
she then presented the Mayor with a tree.
Mayor Pro Tem Best made a friendly amendment to Council Member McComb's
motion that the tree to be purchased by the Council be in honor of the Junior
League and the Council indicated their concurrence.
A motion was made by Mayor Pro Tem Best that item 14a be approved; seconded
by Council Member Strong; and passed unanimously.
* * * * * * * * * * * * *
Mayor Jones called for consideration of item 15.
15. Tabled Zoning Application No. 586-1, Mr. Faires P. Wade: For a change of
zoning from "R -1B" One -family Dwelling District to "AB" Professional Office
District on Lot 2, Block 35, Windsor Park Unit 4.
Mr. Larry Wenger, Director of Planning, stated that the City Council
originally considered this request on July 22, 1986, at which time they tabled
the application for 60 days to give the applicant time to investigate the
possibility of obtaining access to his property from Everhart Road via his
neighbor's lot; on September 23, 1986, the City Council granted the applicant an
additional 30 days to continue negotiations with his neighbor; and as of this
date, Staff has not heard from Mr. Wade as to progress he has made in resolving
this issue.
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. Faries Wade stated that he had not contacted the staff because he was
waiting on an answer from the property owner behind his property about possible
access through the "B-5" zoned property; the property owner next to him stated
he would consider an entrance, if he could obtain another exit from his tract;
but, he was unable to obtain the additional exit. He asked that the Council
approve this change in zoning and allow the use of the Janssen driveway; in his
opinion, all of the homes on Janssen will eventually be asking for rezoning; and
there was no opposition expressed to this zoning change.
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Mr. Wenger stated that the Planning Commission recommends denial and in
lieu thereof grant a special permit for a law office limited to the use of two
attorneys with the provision that access be from Everhart Road only, and the
Planning Staff recommends denial.
Mr. Wenger then provided the Council with a copy of the site plan.
A motion was made Council Member McComb that "AB" zoning be denied, and in
lieu thereof grant a special permit for a law office limited to the use of two
attorneys; seconded by Council Member Pruet.
Council Member Strong stated that if the line on the zoning map delineating
"AB" zoning were a straight line, this property would be included. She stated
that since Mr. Wade cannot share a driveway, she will vote in favor of the
motion.
Council Member Mendez stated that this will increase traffic on the
residential street.
Mr. Wade stated that the adjacent property owner wanted another exit, and
only then would he would consider an entrance off Everhart.
Council Member Pruet stated that traffic would not be decreased on Janssen
if there was an entrance off Everhart, and he will support the motion.
Council Member Slavik stated that a law office will not generate much
traffic. She questioned if the applicant could attach the two driveways, and if
so, this needed to be restricted.
Mr. Wenger stated that if the Council approves the site plan submitted,
there would not be access between the two lots, and if Mr. Wade wanted to do
this, he would have to reapply for the zoning change in order to amend the site
plan.
Mayor Jones stated he would vote in favor because the property owner
adjacent to Mr. Wade did not object, and the extension of the line on the map
showing "AB" would include Mr. Wade's property, if it were a straight line.
The motion passed unanimously with Council Members Guerrero and Strong
absent at the time the vote was taken.
* * * * * * * * * * * * *
Council Member McComb made a motion to table Ordinance 16, Political
Activities of City Employees, for one week; seconded by Council Member Slavik;
and passed unanimously.
Council Member Guerrero stated that the ordinance has been prepared, and
Mayor Jones stated that the Council wanted time to read the ordinance.
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* * * * * * * * * * * * *
Mayor Jones announced the following public hearing:
17. Furman School Area Street Improvements, Phase IV project, providing for
assessments of $296,844.97 for the 153 items on the roll.
City Attorney George called as his first witness, Mr. Carl Crull, Design
Engineer, City of Corpus Christi. In response to questions from Mr. George, Mr.
Crull stated that he has a BA in Civil Engineering and a Masters in Business
Administration; he is familiar with the project; the project involves the
reconstruction of streets designated as Furman Area Phase IV, which includes
Morris Avenue, Mary Street, and Marguerite Street, from Crosstown to 10th
Street; 10th Street, from Mary Street to Laredo Street; llth Street, from Morris
Avenue to Mary Street; 12th Street, from Morris Avenue to Laredo Street; 14th
Street, from Morris Avenue to Marguerite Street; and Sam Rankin Street, from
Lipan Street to Mestina Street. He stated that 8 bids were received on
September 2; the low bidder was Claude Chapman Construction Company in the
amount of $867,238.39; project completion is approximately 160 working days;
currently the conditions of the area are no curb and gutter, road side ditches
exist, and pavement is narrow; the new project would provide underground storm
drainage, curb, gutter and sidewalk; the project is being partially funded
through CDBG funds; most of the area is zoned industrial or business; however,
there are a number of residential uses, particularly in the southern portion of
the project; and the areas on Agnes and Laredo are commercial uses. Mr. Crull
stated that specific benefits include a reduction in noise, addition of
sidewalks, the ditches will be replaced with underground storm sewer, pavement
will be wider for improved access, and it will provide a safer situation.
Mr. George called as his next witness, Mr. George Paraskevas. Through
questioning of the witness, Mr. George determined that Mr. Paraskevas is a
certified appraiser, licensed in the State of Texas, a certified real estate
broker, and he has been appraising properties for 13 years. He stated that he
is familiar with the project, the assessments, and the amounts of the
assessments; he has examined each parcel and is familiar with the conditions.
Mr. Paraskevas described the present conditions as being narrow streets, no
sidewalks, and roadside ditches. He stated that the improvements will benefit
the properties in at least the amount of the assessments; those being sidewalks,
curb, and gutter, storm sewer, and a safer condition. He stated that each piece
of property will be enchanced except one parcel, because it fronts 25 feet on
Mary and sides along the Crosstown; therefore, he does not feel that parcel
should be assessed. (Item #37 on the roll)
A motion was made by Council Member Strong that Item 37 on the assessment
roll not be assessed, as recommended by Mr. Paraskevas; seconded by Council
Member Mendez; and passed unanimously, with Council Members Guerrero and Pruet
absent at the time the vote was taken.
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Council Member Slavik noted that the assessment roll shows some parcels
without no assessments, and then under the same name, on other parcels there are
assessments.
Mr. Paraskevas explained that when parcels are owned by the same person, an
accumulative total is listed, rather than each one separately.
Council Member McComb noted the abundance of "I-2" property, and inquired
if that was assessed at the commercial rate even if it has a residential use.
Mr. Paraskevas stated that if the property is used as a residence, it was
assessed at the residential rate.
Mayor Jones called for comments from the audience.
Mr. Sam Allen provided the Council with copies of a map showing a one block
section of Sam Rankin, between Lipan and Mestina. He pointed out the location
of the new city hall and pointed out his property on Sam Rankin.
Mr. Allen stated that his property has curb, gutter, sidewalk, except for
50', and storm sewer; he stated that value must be given to the improvements
that currently exist; and he contended that the improvements would not increase
the value of his property. He stated that he feels his property will only be
enhanced to the extent of 50 feet of sidewalk, and he feels that a wider street
will not increase the value of his property. He stated that the survey
conducted by the City shows the sidewalk within his property line, but the
survey that he had done was different. He alleged that the project was being
done in order to benefit the new City Hall.
Mr. Crull stated that this street was added to the project, because in the
George Evans project, there were not enough funds to include Sam Rankin; the
street is being widened because of anticipated additional traffic; and he
brought the Council's attention to the fact that the assessment roll does not
provide assessments for city properties.
Mr. Paraskevas stated that in the future this property would be worth much
more, and the fact that it is in close proximity to the Courthouse increases the
value.
Mr. Allen stated that appraisals cannot be made based on future value.
In response to a question from Mayor Jones, Mr. Allen stated that the
property contains 23,000 square feet; a building is on the property; it is being
leased to Metro Ministries for a church use; the assessment is for the full
commercial rate; and he feels he is paying for the City's share.
Dr. Best inquired if the street could be widened without moving the
sidewalk, and Mr. Allen stated that the assessment for the sidewalk is not much,
but the assessment for the street is very high.
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Mr. Allen noted that for the George Evans project, the same property was
assessed as residential on the Mestina Street side, because a church was using
the building.
Council Member Slavik stated that there is an enhancement of the property
by widening the street, but she agreed that there is no need to replace an
existing sidewalk.
In response to a question from Council Member Slavik, Mr. Paraskevas stated
that the commercial assessment rate is $19.50, as opposed to $9.75 for
residential. He stated that Metro Ministries uses the property, but Mr. Allen
owns it.
Council Member Strong stated that the issue is one of ownership rather than
use; she would assume that Mr. Allen would see a benefit from the sale of the
property at some time; it is across the street from the new City Hall; and she
would contend that the property would be enhanced by the widening of the street.
Mr. Crull stated that the sidewalk is partially on street right-of-way and
there are plans to remove it. He stated that the sidewalk could be saved if the
elevation meets that of the sidewalk to be installed.
Council Member McComb stated that if the residential lots are rented, then
that is a commercial use.
Mr. M.F. Brown, Paving Coordinator, stated that the ordinance for community
development block grant areas has specific guidelines regarding assessments
where there are one or two residential properties with absentee owners -- it is
assessed at the residential rate. He stated that the owner, if the tenants meet
the low-income guidelines, then becomes eligible for low interest loans to pay
for the assessments, and it does not address churches.
Council Member McComb stated that he agrees with Mr. Allen regarding the
sidewalk.
Council Member Mendez pointed out that the sidewalk cost is only $750 of
the $5,000 assessment. He stated that he feels the property will be enhanced by
the widening of the street.
Mr. Crull reiterated that if the sidewalk is in good condition and fits the
elevation of the new sidewalk, it would be left in place; but, if the grades are
such that there is too steep a slope, then it would be removed and adjustments
would be made at that time to the assessment.
Council Member Berlanga stated that the street needs to be reconstructed so
it will conform with the surrounding area; it is not known yet if the sidewalk
will be replaced; and if it is a question of uniformity with the new sidewalk,
there should be no objection to removing the old sidewalk.
Mr. Allen reiterated that if his property increases in value, it will be
because of redevelopment in the area, not because of curb, gutter, sidewalk,
paving, and storm sewer.
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He stated that he should be allowed credit for improvements already in
place; he should be assessed the residential rate for paving because the church
is located on the property.
Mayor Jones stated that it would be the residential rate if the church
owned the property, and Mr. Allen stated that he will pay cash for his assess-
ment.
Council Member Mendez stated that the ordinance is clear regarding the
residential assessment rate for community development block grant areas.
Assistant City Manager Lontos determined that Mrs. Angelina Cantu, item 36,
had questions regarding payment of the assessment, and he informed the Council
that Mr. Brown would explain that to her.
A motion was made by Mayor Pro Tem Best that the hearing be closed;
seconded by Council Member Mendez; and passed unanimously.
Mr. Crull stated that the assessments could be paid in cash upon completion
of the project; over a 5 -year period at an interest rate of 9.24%; or over a
10 -year period in the case of hardship. He stated that CDBG also has a low cost
loan program at 3%. Mr. Crull stated that an ordinance would be on the agenda
within two weeks.
Mayor Pro Tem Best questioned why property owned by Mr. Allen on Mestina
was assessed as a church under the George Evans Project, and stated that the
Council should be consistent.
Dr. Best made a motion that if in fact Mr. Allen was assessed on Mestina as
a church, he be assessed as a church on this project. The motion was seconded
by Council Member Slavik.
Council Member Mendez stated that the Council should be provided
information on this before the vote is taken.
Council Member Guerrero stated that if a mistake was made by assessing Mr.
Allen the church rate on the George Evans Project, the Council should not make
the same mistake for the sake of being consistent. He pointed out that if Mr.
Allen was offered $1 million for the property, he would not refuse it because
the Church is using it at this time.
Council Member McComb stated that he would like to see the staff's
response.
Mayor Jones stated that he could not support the motion because it presumes
that whatever was done before will be done again.
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Mayor Jones stated that in his opinion, the value of the property will be
increased in the amount of the assessment and that is also the opinion of the
appraiser hired by the City.
Council Member McComb made a motion to table the motion made by Mayor Pro
Tem Best; seconded by Council Member Berlanga; and passed unanimously.
Mr. Lontos stated that the staff would have a report regarding the church
assessments when the ordinance closing the hearing is on the agenda.
Council Member Guerrero reiterated that just because Mr. Allen's property
was assessed as a church last time, does not make it right to do it again.
* * * * * * * * * * * * *
Mayor Jones announced the public hearing on two zoning cases.
18. Amendment to the Zoning Ordinance
Amending Article 28, Planned Unit Development, to indicate that failure to
begin or complete development according to the approved PUD plan within the
time required shall not void or terminate the existing plan that is
platted, but shall void the plan only as to the unplatted area in said PUD
District.
Mr. Wenger stated that the Planning Commission and Planning Staff recommend
approval. He stated that the purpose of this proposed amendment is to eliminate
the requirement of applying for an amendment to an approved Planned Unit
Development (PUD) in order to vacate a portion of the PUD, and the staff is of
the opinion that there is no reason to require the property owner to apply for a
revision of the PUD if the existing developed area can function independently
from the remainder of the vacant tract.
There were no comments from the audience; a motion was made by Council
Member Mendez to close the hearing; seconded by Council Member Guerrero; and
passed unanimously.
City Secretary Chapa polled the Council for their vote, and the following
was approved:
ORDINANCE NO.
AMENDING ORDINANCE NO. 6106, THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI,
AS AMENDED, BY AMENDING ARTICLE 28, ENTITLED PLANNED UNIT DEVELOPMENT, AND
PROVIDING SEVERABILITY.
The Charter Rule was suspended and the ordinance passed as follows: Jones,
Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting
"aye."
* * * * * * * * * * * * *
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19. Application No. 886-2T, Mr. Mark Bratton, Trustee: For a proposed change
to the text of the City Zoning Ordinance 116106 as follows:
Amend Article 31, Newly Annexed Territory, by amending Section 31-5 setting
forth a zoning classification of "B-4" General Business District, "AT"
Apartment -Tourist District, "A-2" Apartment House District, "A-1" Apartment
House District, and "F -R" Farm -Rural District, on 287± acres out of Section
31 and Section A, Laureles Farm Tracts, located adjacent to and southwest
of the Oso Creek at South Staples Street.
Mr. Wenger stated that when property is annexed, it is zoned "R -1B" unless
the property has been prezoned. He stated that this area is outside the City
limits on the south side of the Oso Creek. He stated that the request is as
follows: Tract 1, "B-4" General Business District (13.74 acres); Tract 2, "A-2"
Apartment House District (38.81 acres); Tract 3, "A-1" Apartment House District
(28.73 acres); Tract 4, "AT" Apartment -Tourist District (28.41 acres); Tract 5,
"F -R" Farm -Rural District (132.01 acres); Tract 6, "A-1" Apartment House
District (22.71 acres); Tract 7, "F -R" Farm Rural District (7.9 acres); and
Tract 8, "AT" Apartment -Tourist District (14.69 acres).
Mr. Wenger displayed a transparency of the tracts and showed slides of the
area.
He stated that in response to the notices of the hearing, none were
returned in favor; two were returned in opposition; the Planning Commission
recommends approval of Tracts 1, 2, 3, 5, 6, and 7 and denial of Tracts 4 and 8
and in lieu thereof grant "A-1" Apartment House District on Tract 4 and "A-2"
Apartment House District on Tract 8; and the Planning Staff recommends denial.
He stated that Tract 4 is on the Oso Parkway and "A-1" is being recommended
by the Planning Commission because it is lower density, and Tract 8 is on
Staples Street.
Mr. Wenger stated that staff recommends denial of the entire request
because it is felt the request is premature in that staff is in the process of
developing a set of goals for a comprehensive plan, and this area falls within
the first area for which a land use plan will be developed because it is a
growth area. Mr. Wenger stated that initial inventory has already begun for
this area; at the time the Planning Commission heard this case, they asked staff
to review this and report in terms of the policy statements that have been
prepared and apply those statements to this case. He stated that discrepancies
were found such as the "A-2" and "AT" which are high density and should be
located on an arterial street; the "A-2" requests extends to the Oso Parkway,
which was designed as a collector and not an arterial; the amount of density
could generate a substantial amount of traffic; and since the Oso Parkway is a
collector, this zoning could have a detrimental effect.
He stated that the majority of tract 3, on which "A-1" is requested is in a
flood area which requires an elevation of 15'; the elevation is lower than 15';
Minutes
Regular Council Meeting
October 21, 1986
Page 15
therefore, structures would have to be built on piers or there would have to be
substantial filling; and as a result of filling, there would be soil erosion and
that could have an environmental impact on the wetlands.
Mr. Wenger stated that Tract 6 is in a floodway; no structures can be built
in the floodway; the only way construction could take place on this tract would
be if the owners have an engineer state that the FEMA maps are incorrect; and
the County Engineer would have to ask FEMA for corrected maps. He stated that
if all of this were done, they would also have to fill; that could cause soil
erosion; and that would have a negative environmental impact on the wetlands.
Mr. Wenger reiterated that staff feels this is premature and should be
denied until plans can be developed for the entire area.
Council Member Strong asked what is allowed in "AT" zoning, and Mr. Wenger
stated that the area on Ocean Drive between Robert and Airline is "AT", which
contains condominiums and high-rises. He stated that the density is 43 units
per square acre, and hotels, restaurants, and multi -family housing are allowed.
Mayor Pro Tem Best stated that since the staff wants to study this, it
should be tabled until their study is complete.
Mr. Wenger stated that staff is in the process of developing policy
statements and have started the initial inventory; the plan will not be
developed until after the policy statement is adopted; and he suggested tabling
this for six months, and then at that time, table for another six months.
Council Member Strong asked for a timetable of the policy statements and
plan.
Mr. Wenger stated that this is one of the first areas that will be
reviewed; it would be reviewed in approximately 6 to 10 months; and he pointed
out that this area is not included in the master plans for wastewater or
drainage.
Council Member Strong stated that her concern is that this not be delayed
for an extended length of time.
Mayor Jones called on the applicant to speak.
Mr. Jan Rehler, Gary, Thomasson, Hall, and Marks, displayed an aerial photo
of the subject area. He stated that 287 acres were purchased in 1975; in 1985
it was surveyed by the Corps of Engineers; in 1986, tracts 5 and 7, consisting
of 140 acres, were determined to be wetlands; and in June, 1986, the Oso Parkway
Plan was adopted and guidelines were established. Mr. Rehler stated that the
Planning Commission was in favor of this, but wanted to give staff time for
review; they considered it as being a good starting point for the Oso Parkway
and Greenbelt area; and the owners intend to give Tract 7 to the Botanical
Gardens, which is located below Tracts 7 and 8 to the south, which will then
Minutes
Regular Council Meeting
October 21, 1986
Page 16
have frontage on South Staples. He stated that boundaries have been established
by the Corps; they are not interfering with any concepts, but rather this zoning
will be helpful to the concept. He pointed out that the area in the floodway
will have to meet federal requirements.
Mr. Larry Urban, Urban Engineering, representing the owner, Mr. John Zer,
displayed a drawing showing the extension of South Staples and the Oso Parkway;
he pointed out the wetlands and the uplands; and stated that it is the intent
that the parkway follow the configuration of the uplands. He stated that "F -R"
is being requested on Tract 5 and 7, which is the lowest zoning, in order that
the value will be the least possible if the City wants the land.
Mr. Urban stated that concern was expressed during the hearing regarding
"AT" zoning and it was not the desire of the applicant to obtain "AT" for the
purpose of increasing density, but rather they felt it desirable to have the
capability of having mid -rise apartments. He stated that the owners are
agreeable to a lower zoning, and the Planning Commission had suggested "A-2" and
"A-1."
Mr. Urban stated that the floodway's existence is acknowledged, although
they might not agree with the FEMA maps, and they would like to reserve that
right. He stated that in any event, the applicant would have to abide by the
regulations and constraints placed by the flood plain maps. He pointed out that
the property is adjacent to a developed area of the City -- across from King's
Crossing and King's Crossing West.
He stated that the owners of the property are long-time residents of the
City and are responsible developers. Mr. Urban referred to the master plans and
stated that there is a major water line at the bridge by King's Crossing; there
is a transportation master plan for this area; the drainage would be simple and
straightforward since the property is located on Oso Creek; there is not an
adopted plan for wastewater, but a study has been made of the area; and they do
not feel that it would present any undue problems to provide service to the
area.
Mr. Urban urged the Council to act on this property today, instead of the
delay the Staff has asked for. He stated that a preliminary plat was submitted
on land located across the street from this property over one year ago, and they
still have not received an answer from Staff on that. He stated that the
property is located immediately adjacent to a developed area; it is in a growth
area; and it is appropriate for the City to extend their extraterritorial
jurisdiction, but at the same time, the City should respond promptly so that
development can proceed.
Council Member McComb stated that the Oso Parkway is planned to be a
grandiose drive, and if apartments are located there, it will defeat the
purpose.
Minutes
Regular Council Meeting
October 21, 1986
Page 17
Mr. Urban stated that a member of the Planning Commission expressed the
opinion that they would like to see the area as multi -family so that ordinary
people could afford to live there and enjoy the open space. He stated that
there will be enough open areas, especially by the Botanical Gardens, but if
Council desired, they could review the open space. He stated that the wetlands
should be classified "F -R", noting that it is the presumption that the City will
obtain those lands.
In response to a question from Council Member McComb, Mr. Urban stated that
a study has been performed regarding water, and during the platting process,
appropriate easements need to be retained.
In response to Mayor Jones' question, Mr. Urban stated that initial
development would begin during 1987.
Mayor Jones referred to the sewer plan for the area, noting that it is
non-existent; the only place for the sewage to be treated would be the Oso
Plant; and that it is strongest argument against moving fast on this.
Council Member Strong stated that she could foresee the need for "AT"
zoning, because of the facilities that will be available in the area.
Mr. Urban pointed out that once
would be difficult to rezone it "AT,
the area. He stated that it was not
some mid -rise buildings to overlook
rather height.
the property is zoned "A-1" and "A-2," it
" because there would be more residents in
their intent to have a commercial area, but
the open areas -- it was not density, but
Mr. Wenger stated that height allowed in "A-2" is three stories.
Council Member Strong stated that the Council should not delay growth; it
would not be fair to the owners to delay this one year; and she would like the
staff and owners to discuss this now.
Council Member Slavik agreed that she too would like the staff to work with
the property owners. She asked that the Oso Parkway be pointed out on the map.
Mr. Urban displayed the map depicting the Oso Parkway, and stated that this
is not a specific plan, but it will be close to the Oso.
Council Member Slavik stated that Tract 6, which is proposed to be zoned
"A-1," is in the flood plain, and asked what is proposed for this tract.
Mr. Urban stated that they are applying for "A-1" and they can only do that
which is allowed under the floodway plain map, pointing out that they do not
know what designation they will receive from FEMA. He stated that when they
obtain zoning from the City, they will then go to FEMA.
Minutes
Regular Council Meeting
October 21, 1986
Page 18
Council Member Strong suggested that this be tabled for
Mr. Urban agreed.
In response to a question from Council Member Mendez,
that the Comprehensive Plan would be finished in one year.
three months, and
Mr. Wenger stated
Mayor Jones stated that he does not think development should occur across
the creek; the City should protect the interest of all the citizens; he does not
feel that all of the problems have been identified; the sewage would have to go
to the Oso Plant and it is at full capacity; it seems that they have not looked
seriously at the kind of action that can be taken to stimulate the development
of properties already in the City; and he will support tabling the matter, but
suggested that all problems be identified.
Mr. Urban gave an example of problems being resolved, as in the case with
the Kaffie School property whereby 37 property owners were brought together by
Mr. Wayne Lundquist and Mark Bratton in order to submit a plat to show a
drainage ditch.
Mayor Pro Tem Best stated that in 1979 he argued with City Manager Marvin
Townsend because Mr. Townsend did not want development to occur past Saratoga.
Council Member McComb stated that this should be delayed until a master
drainage plan is obtained, and Mr. Urban pointed out that drainage is a platting
matter, not a zoning matter.
Mayor Jones called for comments from the audience.
Mrs. Sue Gardner stated that she has purchased a
she is concerned about "AT" zoning because her property
from the "AT." She then showed slides of the area, and
that is zoned "AT", between Robert and Airline.
lot in King's Crossing;
will be directly across
the area on Ocean Drive
Mrs. Irma Rios stated that she purchased a lot in King's Crossing and is
opposed to "AT" zoning. She asked the Council to consider down—zoning.
A motion was made by Mayor Pro Tem Best that Application No. 886-2T be
tabled for 90 days; seconded by Council Member Strong; and passed unanimously
with Council Member Guerrero absent at the time the vote was taken.
* * * * * * * * * * * * * *
City Manager McDowell provided the Council with copies of the economic
impact of the bonds that will be sold. He stated that it is approximately $70
million -- $59 million from State and $13 million from Federal sources.
Minutes
Regular Council Meeting
October 21, 1986
Page 19
Mayor Jones asked that this information be provided to the Area Economic
Development Corporation, the construction association, and the Chamber of
Commerce.
* * * * * * * * * * * * * *
Mayor Jones called for petitions from the audience.
Mrs. Carolyn Barker
Council is doing, and she
stated that the public is not informed of what the
considers tourists as guests to her City.
Mrs. Charlene Moonen, Executive Director of
Alcoholism, asked the City to donate $1,500 to the
rides home during the holiday season.
Council Member Slavik suggested that Mrs.
companies to donate their services.
the Coastal Bend Council on
organization to provide free
Moonen contact the taxicab
Ms. Shelia Bilyeu expressed concern over the assessment hearing and
about those unable to pay the assessments.
concern
Mayor Jones explained to Ms. Bilyeu the manner in which assessments could
be paid.
Council Member Mendez pointed out that the City never forces anyone to pay,
but does place liens on their homes if the assessments are not paid.
Mr. Jerome Bradford, 4317 Cottage, asked about the status of the proposed
park at Cabra and Chipito.
Council Member Mendez suggested that an update be sent to Mr. Bradford.
Assistant City Manager Utter stated that the park is being designed with
security lights and greenery, and he will provide Mr. Bradford a report on
anticipated completion.
There being no further business to come before the Council, on motion by
Council Member Strong, seconded by Council Member Mendez and passed unanimously,
the meeting was adjourned at 5:24 p.m., October 21, 1986.
/td
* * * * * * * * * * * *
Ainutes
Regular Council Meeting
October 21, 1986
Page 20
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
October 21, 1986, which were approved by the City Council on October 28, 1986..
WITNESSETH MY HAND AND SEAL, this the /1 d day of
/9 rt
Armando Chapa City Secretary
City of Corpus Christi, Texas
Luther Jo s, MAYOR