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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 i�'Z c.` = rt 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. .4inutes Regular Council Meeting October 21, 1986 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. ,Iinutes Regular Council Meeting October 21, 1986 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 :iinutes Regular Council Meeting October 21, 1986 Page 4 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: ,4inutes Regular Council Meeting October 21, 1986 Page 5 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. Ainutes Regular Council Meeting October 21, 1986 Page 6 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 dinutes Regular Council Meeting October 21, 1986 Page 7 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. Ainutes Regular Council Meeting October 21, 1986 Page 8 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. Ainutes Regular Council Meeting October 21, 1986 Page 9 * * * * * * * * * * * * * 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. dinutes Regular Council Meeting October 21, 1986 Page 10 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. Ainutes Regular Council Meeting October 21, 1986 Page 11 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. Minutes Regular Council Meeting October 21, 1986 Page 12 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. .4lnutes Regular Council Meeting October 21, 1986 Page 13 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." * * * * * * * * * * * * * Ainutes Regular Council Meeting October 21, 1986 Page 14 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