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HomeMy WebLinkAboutMinutes City Council - 11/18/1986PRESENT: 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 NOVEMBER 18, 1986 2:00 P.M. City Manager Craig McDowell City Attorney Hal George City Secretary Armando Chapa yrtktket Mayor Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend Sam Williams of Parkway Presbyterian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Mendez. 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 Mendez that the minutes of the Regular Council Meeting of November 11, 1986, be approved as presented; seconded by Council Member Slavik; and passed unanimously. A motion was made by Council Member Mendez that the minutes of the Regular Council Meeting of October 28, 1986 be amended on pages 14, 15, and 17; seconded by Council Member Pruet; and passed unanimously. * * * * * * * * * * * * Mayor Jones called for consideration of the award of bid for sale of $25,625,000 of General Improvement Bonds. City Manager McDowell stated that he is pleased with the interest rate received, and that the rate reflects the solid financial standing of the City. He called on Assistant City Manager Juan Garza for an explanation of the bids. Mr. Garza stated that the low bid was from Morgan Guaranty Trust with a gross interest cost of $20,757,323, a premium of $1,559, net interest of $20,755,764, and an effective interest rate of 6.4833%; a total of eight bids were received, with the remaining bids as follows: First Boston Corporation, 6.4897%; Merrill Lynch, 6.5412%; Citicorp, 6.5653%; Republic Bank of Dallas, MICROFILMED — nutes Regular Council Meeting November 18, 1986 Page 2 6.568819%; Chemical Bank, 6.578737%; Interfirst Bank of Dallas, 6.61790%; and Prudential-Bache, 6.6712%. Mr. Garza stated that this is the largest number of syndicates that have bid on Corpus Christi bonds since his employment with the City. He pointed out that in the financial plan, a 9% interest rate was assumed, and the difference in the interest cost is approximately $8 million. He stated that the bids were consistent, which indicates that the bidders are comfortable with the market, and the City maintains a very strong AA rating. He stated that the Council needs to approve the official statement and pass an ordinance which actually authorizes the sale of the bonds. He then introduced Mr. Hobby McCall and Jeff Leuschel with McCall, Parkhurst & Horton, and Mr. Jim Seal with M.E. Allison & Company. Council Member Pruet asked how the City would benefit from the interest rate as opposed to the rate that was assumed, and Mr. Garza stated that it allows more flexibility. Council Member Berlanga asked if the interest rate would be lower if there was no cap on taxes. Mr. Garza replied in the affirmative and stated that Standard & Poors and Moody's indicated that. He stated that the cap causes concern because in an emergency, the reserve would have to be used because the City could not levy a tax rate over .68Q. He stated that the basis points' difference between a AA and AAA rating is 15 to 20, or $556,000. Council Member Slavik inquired if the written credit analysis would be received before the bonds are sold, and Mr. Garza stated that it would not, but would be received in two weeks. He stated that the bond rating is communicated by the underwriters -- there is no uncertainty about it. He stated that there is a letter, but not the actual credit analysis. A motion was made by Council Member Strong that the Charter Rule be suspended on the resolution and the ordinance; seconded by Mayor Pro Tem Best Mayor Jones called for comments. Mr. J. E. O'Brien, 4130 Pompano, stated that when Proposition 14, setting the .68Q tax limit, was passed, the people were told that City employees would be laid off and that bonds could not be sold. He stated that since 1980, over $100 million in bonds have been sold, and in his opinion, the reason the City does not have a AAA rating is because of the default the City committed in prior years. Mayor Jones asked Mr. Seal to comment on the default. Mr. Seal stated that the default occurred 40 years ago; after 25 years, the default record is deleted; and for all practical purposes, the default happened so far back it does not affect the rating. ..minutes Regular Council Meeting November 18, 1986 Page 3 The motion to suspend the Charter Rule was passed unanimously. City Secretary Chapa polled the Council and the following resolution and ordinance were approved: RESOLUTION NO. 19546 APPROVING THE FORM OF THE OFFICIAL STATEMENT PERTAINING TO CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1986, AND AUTHORIZING, RATIFYING AND APPROVING THE OFFICIAL STATEMENT AND THE USE THEREOF IN THE OFFERING AND SALE OF SAID BONDS, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the resolution passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." ORDINANCE 19547 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $25,625,000 CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES, 1986, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST OF SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH 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." In response to a question from Council Member Slavik, Mr. Seal stated that the City of Dallas is the only Texas city with a AAA bond rating. He stated that it is important that people understand that Corpus Christi is in the best financial state that it has ever been in; the City has reserves; and the City has a good Capital Improvement program. Mr. Seal continued by stating that the AAA rating is something the City might not want; it gives a lower interest rate, but it reduces the number of investors. He stated that a strong AA rating brings as good a price as AAA, but he is not saying that the City does not want AAA. He stated that the rating agencies were very impressed with the City; he wishes the City did not have the cap; but, it is something that the City will have to contend with until it is removed. City Manager McDowell stated that the funds will arrive on December 16, noting that it takes approximately 30 days for the Attorney General to review the documents, and projects should commence in January. Assistant City Manager Garza stated that this was Debra Andrew's first bond sale; she reviewed the official statement; and she performed a very good job. ..mutes Regular Council Meeting November 18, 1986 Page 4 City Manager McDowell stated that when the presentation was made to the rating agencies, the staff did an excellent job. * * * * * * * * * * * * * Mayor Jones announced that November 18 has been declared "Mayor's D -Day in the War on Drugs" and called on Ms. Pat Shufelt, Families in Action. .Ms. Shufelt presented a flag to Mayor Jones with the slogan "Just Say No." Mayor Pro Tem Best read the proclamation. Mrs. Jean Newberry stated that the war against drugs is something that has to be challenged in each family, a formal commitment must be made, and prevention programs need to be developed. Mrs. Abbie Saenz, member of the Drug and Alcohol Abuse Commission, stated that in an effort to combat drugs, the school board is being requested to ban smoking sections at the schools. * * * * * * * * * * * * * Ms. Sandy Shaw, Bayview Hospital, presented a plaque to the Mayor in recognition of his service to the community. * * * * * * * * * * * * * Ms. Bobbie Bonno presented a certificate of appreciation to the Mayor in recognition of the Council approving a no smoking ordinance. Council Member McComb read a proclamation for "Great American Smokeout." * * * * * * * * * * * * * City Secretary Chapa informed the Council that Dr. Tirschwell, Chairman of the Sister City Commission, will not be able to make his presentation, but requested the Council approve the resolution inviting the City of Veracruz, Mexico to become a Sister City. He stated that Dr. Tirschwell will make a presentation to the Council after his trip to Veracruz. Council Member Berlanga stated that he will also go to Vera Cruz and he will present the resolution. There were no comments from the audience, and City Secretary Chapa polled the Council for their vote as follows: __minutes Regular Council Meeting November 18, 1986 Page 5 RESOLUTION 19548 INVITING THE CITY OF VERACRUZ, MEXICO, TO BECOME A SISTER CITY OF THE CITY OF CORPUS CHRISTI, TEXAS, AND CONVEYING THE WARMEST REGARDS AND DEEPEST FRATERNAL SENTIMENT OF THE PEOPLE OF CORPUS CHRISTI TO THE PEOPLE OF VERA CRUZ; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones temporarily departed the meeting. Mayor Pro Tem Best administered the Oath of Office to Mr. Larry Major, newly appointed member to the Electrical Advisory Board. * * * * * * * * * * * * * Mayor Pro Tem Best called for consideration of the following Consent Motions: 1. M86-0475 Approval of specifications and authorization to receive bids for a supply agreement for polyethylene pipe, valves, and related fittings for the Gas Division. The estimated expenditure is $54,000 and is included in the Fiscal Year 1986-87 Budget. 2. M86-0476 Approving a service contract for wrecker service for City owned vehicles and equipment as required by Maintenance Services Department to All State Wrecker for an amount of $36,500. The term of this contract will be twelve months, with option to extend for an additional twelve months based on the same terms and conditions, subject to the approval of the supplier and the City Manager or his designee. 3. M86-0477 *Setting a public hearing on December 8, 1986 by the Director of Planning in the Council Chambers, City Hall at 8-39--e-,-v-y 6:00 p.m. and a second public hearing to be held on December 9, 1986 by the City Council at 2:00 p.m. on the annexation of 73.4 acres of land on Padre Island as described in Deed, Volume 1945, Page 916, recorded in the Nueces County Deed Records, Nueces County, Texas and generally located south of Whitecap Boulevard, east of Padre Island Drive, west of Gulf of Mexico bordering Nueces County Park, #1. *Amended by motion - see page 6. ___nutes Regular Council Meeting November 18, 1986 Page 6 In regard to item 3, Council Member Slavik asked the cost of servicing the 73.4 acres to be annexed. Assistant City Manager James Lontos stated that this tract is adjacent to Whitecap Boulevard; a recommendation will be made in approximately two weeks regarding relocation of Whitecap Boulevard; a public hearing was held; staff was instructed to prepare a cost analysis; and this will be presented in two weeks. He stated that in terms of development of the tract, any items which are required by the platting ordinance; i.e., water, drainage, etc., will be the developer's responsibility. Council Member Guerrero stated that a pre -zoning application for "B-4" is pending on this tract, and he felt it would be beneficial for the Council to have comments made during the Planning Commission meeting prior to the annexation hearing. Mr. Larry Wenger, Director of Planning, stated that the Planning Commission will hear this case prior to the Council conducting the annexation hearing. Mr. Wenger stated that the purpose of setting the hearing is to annex before the end of the year so the property will be listed on the tax rolls next year. Mayor Pro Tem Best called for comments from the audience. Mr. Vern Shirley, 2621 Meadow Wood, objected to the hearing being held at 8:30 a.m. Mr. Wenger stated that two hearings will be held, and the hearing on December 8 at 8:30 a.m. could be changed. A motion was made by Council Member Guerrero that the hearing be changed to 6:00 p.m. on December 8; seconded by Council Member Slavik. Council Member Slavik expressed concern because the public is not aware of the hearings. Mr. Wenger stated that both hearings are advertised as required by State law; there are then three readings of the ordinance authorizing the contract; the final reading of the ordinance annexing the land; and that is a total of six times that the public can appear before the Council in regard to the annexation. The motion to change the time of the hearing passed unanimously, with Mayor Jones being absent at the time the vote was taken. A motion was made by Council Member Guerrero to approve Consent Motions 1 through 3; seconded by Council Member Mendez; and passed unanimously, with Mayor Jones being absent at the time the vote was taken. * * * * * * * * * * * * * * Mayor Pro Tem Best called for consideration of the Consent Ordinances, items 4 through 6. __mutes Regular Council Meeting November 18, 1986 Page 7 In response to questions from Council Member Mendez regarding the funding source for land acquisition (Ordinance 6) near the Airport, Mr. Lontos stated that the City receives an allotment of approximately $1.4 million each year from the Federal Aviation Administration, and the funds may be used for a number of projects, including land acquisition. There were no comments from the audience on the Consent Ordinances; Assistant City Secretary Zahn polled the Council for their vote as follows: 4. ORDINANCE NO. 19549 CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT IN LOTS 1, 2, AND 3, BLOCK C, AIRLINE SUBDIVISION NO. 2, SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet, Slavik, and Strong voting "aye"; Mendez absent at the time the vote was taken. 5. SECOND READING AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH UNICORN VENTURES FOR THE PLACEMENT OF VIDEO GAMES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. The Ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet, Slavik, and Strong voting "aye"; Mendez absent at the time the vote was taken. 6. THIRD READING - 19550 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 third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Pruet, Slavik, and Strong voting "aye"; Mendez absent at the time the vote was taken. * * * * * * * * * * * * * * 7. M86-0478 Approving the Staff Architectural Committee's selection of EDI Architecture and Roots/Foster Associates, a local joint venture, to design the Police Station and Municipal Court Facility, and authorizing the City Staff to negotiate a contract with this design team. City Manager McDowell stated that this is the staff recommendation for selection of the architect for this project and asked Assistant City Manager ___flutes Regular Council Meeting November 18, 1986 Page 8 Lontos to explain. Mr. Lontos provided an explanation of the procedures followed to select architectural and engineering firms and noted that a committee composed of Ezequiel Elizondo, Gerald Smith, Police Chief Bill Banner, Kenneth Bung, and Edgar Farrera, had been appointed to review the proposals submitted by the architectural firms. He stated that the committee's goal is to recommend the best architect for this particular job. He explained the criteria included in the proposal forms that are sent to the various architects and stated that after the proposals have been evaluated, interviews are then conducted with the top three to five firms. He noted that on this particular project, four firms were designated as the finalists -- Bennett, Martin & Solka Architects and Moyer and Associates, Inc.; EDI Architecture and Roots/Foster Associates; Kipp, Richter & Associates; and Morgan Spear Associates and Phillips Swager Associates, Inc. Following their selection as finalists, the committee conducted separate interviews with the four firms, at which time they were given the opportunity to present their approach to the design of the project, provide additional infor- mation from participating consultants, and provide any other information that was pertinent. Mr. Lontos stated that after this process had been completed, the committee recommended the selection of EDI and Roots/Foster Associates, and assured the Council that he concurred with that recommendation. Mr. Lontos then reviewed the steps followed by the recommended firm to provide full information on the consultants they will employ as a part of their project and reiterated that the staff is of the opinion that EDI is the best firm for this particular job. Council Member Strong pointed out that the Council has stated many times their preference to use local people for as many projects as possible, and she had noted that EDI plans to use the services of several out-of-town consultants. Mr. Lontos stated that in almost all cases, the firms listed some outside consultants, but 907 of the project is being done locally. Council Member Slavik stated that Roots/Foster Associates will use Bovay Engineering in the mechanical/electrical phase of the work, and she asked why staff feels they will be good. Mr. Lontos stated that Bovay is a large firm in Houston; it is one of the top 500 firms in the country; and they have a large staff and are well known. He stated that approximately 10% of the work is structural and mechanical, and the decision to use Bovay was made by the architect. He stated that Bovay was interviewed; they show a lot of interest in the energy conservation issue; they were very open-minded; and they made an appeal to the selection committee. Mr. Lontos stated that his responsibility to the Council is to recommend a firm that is best for the project. In response to questions from Mayor Pro Tem Best, Mr. Lontos explained that in 1977 Bond funds were approved to provide the expansion of the jail; the City __snutes Regular Council Meeting November 18, 1986 Page 9 selected a number of firms; one of those was Turner & Associates in the amount of $540,000; when Betty Turner was elected to Council, the contract was voided due to a possible conflict of interest; Morgan & Associates and Bennett, Martin, and Solka were then hired to perform a space analysis study; this study was a part of the $540,000; the Council raised the question of possibly amending the contract to provide design; it was suggested that staff go through the selection process; and that the selection of the architect be based on qualifications and experience. Mr. Lontos stated that approximately $500,000 remains from the original $540,000, plus $5.1 million approved in the 1986 Bond Election. Mayor Jones stated that the staff has made a recommendation; the Council can either approve or modify this recommendation; if the Council modifies the recommendation, it presumes that the Council has a better system than the staff committee; it poses problems for all of the Council; there are 11 firms on the list of those considered that donated money to his campaign; this places him and possibly other Council Members in a difficult position; and he feels that the Council should approve the staff recommendation. Council Member Mendez stated that in 1977 the $540,000 was for expansion; the second contract was for a space study; and this project is for the design of a new building. Mayor Jones called for comments from the audience and there was no response. Council Member McComb made a motion that the staff's recommendation be approved; seconded by Council Member Slavik. Council Member Guerrero stated that the project should be 100% local labor and consultants. He stated that he would like to have a criteria or evaluation sheet on how the firm was chosen. Council Member Berlanga agreed that every attempt should be made to employ local labor. Council Member Mendez stated that in the future, staff should review the issue of local labor, noting that it should be a policy and should be adhered to. He stated that he hopes the staff is listening to what the Council is saying in regard to local labor. Council Member McComb stated that everyone agrees with the local labor issue; all of the firms but one listed outside consultants; and he does not think that the Council would want to deny someone from Corpus Christi an opportunity to do business in Houston or Dallas. He stated that the Council should not be so rigid. Council Member Slavik stated that Bovay Engineering is performing a minor portion of the work, and she stated that they do have a great degree of expertise. __flutes Regular Council Meeting November 18, 1986 Page 10 Council Member Berlanga disagreed with Mr. McComb, stating that every effort should be made to use local labor first. Mayor Jones asked for a report from the City Manager regarding the percentage of project funds that are spent locally as compared to funds spent out of town, including the new City Hall. The motion to approve item 7 passed unanimously. 8. Hearing on a plat appeal by Homestead Savings on the replat of a portion of Lot 3, Block 8, Wooldridge Creek, Unit 6, which was acted on by the Commi- ssion on September 17, 1986. The appeal is on the basis that all of the existing Lot 3 be included in the replat even though there are three different owners. Mr. Wenger informed the Council that the owner of Tract A owes delinquent taxes in an amount over $10,000. Mr. Wenger provided background information on this property that the original Lot 3 contained over 11 acres, which consists of and C. The tract was sold to an apartment developer in 1982; the developed in phases; the first Phase, Tract A, is 3} acres; a loan from a California firm to develop the complex; and it was conveyed bounds and was not platted according to City ordinance. He stated Tracts A, B, property was was obtained in metes and He stated that the second phase, Tract B, is over 3 acres; a loan was obtained from a Texas institution; and it was also conveyed in metes and bounds and was not platted according to City ordinance. He stated that there are plans to develop Tract C, but prior to that there were foreclosures on Tract A and C. He stated that Tract A is owned by Homestead Savings, Tract C is owned by Cimarron Venture I, and the original developer still owns Tract B. He stated that an attempt was made to plat all three parcels and obtain concurrence with the original developer to participate in the plat; the original developer refuses to participate; therefore, the owners of A and C have submitted a plat for Tracts A and C. Mr. Wenger stated that A and B have apartments already constructed; C is vacant; B would be landlocked if only A and C are replatted; therefore, the Commission required that all of the original Lot 3 be in the replat so access could be provided to B from Misty Meadow Drive or Airline Road. He stated that in reviewing this case, the Council can grant a variance providing there are extraordinary hardships. He stated that the staff recommends that the owner of A be allowed to replat without C, so that when B is platted, access can be provided by a strip of property extending to Airline or Misty Meadow through Tract C. In response to a question from Council Member Pruet, Mr. Wenger stated that there is an apartment complex on A and B; B has access through an easement, but staff does not recommend approval of plats with access easements because of _.mutes Regular Council Meeting November 18, 1986 Page 11 public safety reasons. He stated that the only way to obtain a street would be for A to dedicate to B. Mayor Jones stated that if A and B were just one parcel, there would be no problem, and Mr. Wenger agreed. Mr. Wenger stated that the access easement is not recognized as street frontage. Mayor Jones called on the appellant. Mr. Art Anderson, Attorney, Gary, Stall, and Spencer, stated that Tracts A and B have been developed as one apartment complex; in 1981 the property was owned by Mr. J.L. Watson and was platted as one; Watson transferred ownership to two limited partnerships; he developed A first and then B; unfortunately, he failed to follow the City's Platting Ordinance and platted when he conveyed to a second party; and then foreclosures took place on A and C. Mr. Anderson addressed the delinquent tax issue, and stated that Mr. Watson is in bankruptcy at this time; he refuses to cooperate; and he represented to the Tax Appraisal District that the improvements were to be all assessed to Tract A and not B. He stated that the taxes will be paid when there is a reapportionment of the taxes and this is being done. Mr. Anderson stated that they are asking for a replat to be approved for Tracts A and C; a hardship exists because Mr. Watson will not cooperate; they do not want to convey or dedicate land for a public street; there is a private easement agreement between Tract A and B; the plat to be submitted provides a 35 -foot access easement for Tract B; and the agreement has sufficient legal effect to provide permanent access. Mr. Anderson further explained that the apartment complexes on Tracts A and B operate as one complex. In response to a question from the Mayor, Mr. Anderson stated that Mr. Watson will not sign the plat in order to participate, and the Platting Ordinance provides that in order to plat as one lot, each owner must sign the plat application. Council Member Mendez made a motion that a variance be granted to allow the replat of Tracts A and C. Mr. Anderson stated that the access easement would be noted on the plat and the agreement would give the City the ability to enforce the easement agreement. The motion was seconded by Council Member Pruet. Mayor Jones inquired if this variance could cause problems in the future, and Mr. Wenger stated that it would not as long as it does not set a precedent. In response to a question from Council Member McComb, Mr. Wenger stated ..mutes Regular Council Meeting November 18, 1986 Page 12 that the zoning on Tract C is "B-1"; it was not a part of the staff recommend- ation for replat because Tract B would then be landlocked. Council Member McComb stated that he agreed with the staff recommendation to allow a replat of A, and when C is platted, access be provided to B. Council Member Pruet pointed out that A and B are laid out as one, so the access is no different from any other apartment complex. He stated that he agrees with Mr. Mendez' motion. In response to questions from Council Member Mendez about Mr. McComb's concern with access, Mr. Tim Clower stated that even with a road, Tract B would function as it does today. He stated that the street would be a traffic hazard and would not aid Tract B. He stated that there is a road between A and C that provides access to B; with the agreement, B has all the access they need; the apartment project looks like one project; the access does not help B; and the owner of B will not purchase the right of way. Mayor Jones inquired if the public's interest would be protected if the Council approves the motion. City Manager McDowell stated that it will be legal if the Council approves the motion; Mr. Wenger is viewing this from a planning standpoint; the public's interest will be protected; and this will not change anything physically. The motion passed as follows: Jones, Best, Berlanga, Mendez, Pruet, and Strong voting "aye"; McComb voting "no"; Guerrero and Slavik absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following: 9. Annexation of a 4.77 acre tract of land out of Lot 8, Section 6, Flour Bluff and Encinal Farm and Garden Tracts. Mr. Wenger stated that this property is on the south side of Staples Street, north of Buckingham Estates; it is the site of Roger's Floor Company; Mr. Roger's is asking for annexation so he can obtain utilities; and there are no streets or utilities involved, only a tap connection. There were no comments from the audience; a motion was made by Mayor Pro Tem Best that the hearing be closed; seconded by Council Member McComb; and passed as follows: Jones, Best, Berlanga, McComb, Mendez, Slavik, and Strong voting "aye"; Guerrero absent at the time the vote was taken; Pruet abstaining. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following: ..mutes Regular Council Meeting November 18, 1986 Page 13 10. Annexation of a 16.11 acre tract of land out of Lots 21, 22, and 23, Section 6, Flour Bluff and Encinal Farm and Garden Tracts. Mr. Wenger stated that this property is located at the northwest corner of Boston and Chicago Drives, west of South Staples Street, and south of Yorktown Boulevard. He stated that the property is being platted as Stonybrook Subdivi- sion Unit 2; it will contain 95 single-family lots under "R -1C" zoning; the City will assume maintenance of .75 miles of street; and maintenance of a public park containing 1.35 acres. There were no comments from the audience. Council Member Slavik again expressed concern that the public is not aware of the hearings the Council holds. Mr. Wenger reiterated that it is advertised in the legal section of the newspaper and is before the Council a total of five times before finally annexed. Council Member Slavik stated that people do not read the legals. Mayor Jones stated that the solution is to use public access television, and the City may have to hire someone to do this. Council Member Pruet defended the staff and stated that they do more about notifying the public than many other cities. He stated that whoever has imple- mented the extensiveness of public notification should be commended, noting that the City does more than the law requires. Mayor Pro Tem Best stated that if people would read the paper, they would be notified. He suggested that public service announcements be made on cable television and that staff should discuss this with Athena. Council Member Strong stated that the community section of the newspaper, "green sheet", contains a community news section. Mayor Jones stated that he would like to discuss the channel realignment proposed by Athena and suggested that it be a workshop agenda item next Tuesday. The Council agreed. There were no comments from the audience; a motion was made by Council Member McComb that the hearing be closed; seconded by Council Member Slavik; and passed unanimously, with Council Members Berlanga and Guerrero absent at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following: __mutes Regular Council Meeting November 18, 1986 Page 14 11. Application #986-1 - Taylor Brothers: For a change of zoning from "R -1B" One -family Dwelling District and "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District on Lots 2 through 20 and Lots 45 through 63, Block 816, Port Aransas Cliffs, located between South Alameda and Topeka Streets, north of the Proctor Channel. 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. He stated that 38 notices were mailed; 3 were returned in favor; 7 were returned in opposition; and the Planning Commission and Staff recommend denial, and in lieu thereof, grant a special permit for a shopping center with 17 specific condi- tions, in accordance with the site plan submitted, and subject to replatting the property into one lot. Mr. Wenger stated that the property is vacant, except for two houses facing Topeka which will be removed; curb, gutter, and sidewalk will be constructed; a fence will be constructed with no access to Topeka; and there will be landscaping. Mr. Wenger stated that the residents were opposed to the zoning change, but not the special permit with the conditions. At the request of Council Member Slavik, Mr. Wenger read some of the letters of opposition. In response to a question from Council Member Slavik, Mr. Wenger stated that because of the depth of the property, a better shopping complex can be constructed rather than utilizing a narrow strip on one-half the property. In response to a question from Council Member Strong, Mr. Wenger stated that the fence will be 10 feet from the property line, with landscaping for another 10 feet; therefore, there will be 20 feet of green area. Council Member Mendez referred to a previous zoning case for "AB" zoning located across the street which was denied, and Mr. Wenger pointed out that that property faced a residential street and this property faces Alameda. Mr. Tim Clower, representing Taylor Brothers, stated that he visited with 85% of the people, and the main objection was access off Topeka, which has been eliminated. He stated that they also objected to lighting; that has been resolved; and they do not want clubs or bars in the complex. He stated that this will be a speciality center, and he pointed out that at the Planning Commission hearing, no one spoke in opposition. A motion was made by Council Member Strong to concur with the recommenda- tion of the Planning Commission and Staff to grant a special permit for a shopping center with 17 specific conditions in accordance with the site plan submitted; seconded by Council Member Pruet; and passed as follows: Jones, Mendez, Pruet, Slavik, and Strong voting "aye"; Best abstaining; Berlanga, Guerrero, and McComb absent at the time the vote was taken. _.minutes Regular Council Meeting November 18, 1986 Page 15 Mr. Wenger explained that in accordance with Article 27, Section 27-3.06.03 of the zoning ordinance, the owner of the property is required to replat into one lot; therefore the ordinance is withheld until such date that the replat is recorded for record in the County Clerk's office. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Strong; and passed unanimously by those present and voting. * * * * * * * * * * * * * 12. Application 11886-9 - Rodney B. Matthews, C.P.A.: For a change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lot 10, Block 5, Bayview No. 3, located on the east side of 16th Street, approximately 46' north of Craig Street. Mr. Wenger stated that in response to the 16 notices of the hearing, one was returned in favor from outside the area of notification; 9 were returned in opposition; the Planning Commission recommends denial; and the Staff recommends approval. He stated that the 20% rule is in effect; therefore, seven votes are required to pass an ordinance to change the zoning. Mr. Wenger stated that this property faces the freeway access road; there will be no parking from the front; parking would be through an alleyway; there is a vacant lot to the north; and there is a lot near the property with two homes on it. He stated that the Staff recommends approval based on the fact that the house faces the freeway and it seems a reasonable use because of its proximity to the freeway. Mr. Wenger stated that a duplex was removed from the property; it was not replaced; therefore, the applicant lost the non -conforming status of the property. Council Member Slavik inquired if it is assured that there will be no parking in front, and Mr. Wenger replied that there is no curb cut and the applicant proposes to construct parking in the rear off the alley. In response to Council Member Slavik, Mr. Wenger stated that the objections from the property owners were against "R-2" zoning on the basis that the entire area is single-family. Mr. Bob Thorpe, representing the applicant, stated that the home is approximately 60 years old; a duplex was previously located on the property; it had been purchased in 1971; the City asked Mr. Matthews to remove the building; and the objections of the neighbors were primarily in regard to the parking. Mr. Thorpe then displayed parking plans, noting that Plan A provides for parking in the rear. Mr. Rodney Matthews, the applicant, stated that the house which was removed had gas leaks; the house was in bad shape; and it was clear that he had to bring it up to Code or the City would condemn the house. Mr. Thorpe stated that apparently there was an agreement. He stated that the new home would be a benefit to the neighborhood; it is an older home that has been restored; and one of the units would be an efficiency apartment. _.lnutes Regular Council Meeting November 18, 1986 Page 16 Council Member Mendez stated that he feels it would be an improvement to the neighborhood; it looks like a single-family dwelling; and he prefers Plan A for parking in the rear of the property. Council Member Mendez made a motion to approve the staff recommendation; seconded by Council Member Strong. City Secretary Chapa informed the Council that the motion will require 5 votes to bring forth an ordinance which will require 7 votes for passage due to the 20% rule. Mayor Jones called for comments from the audience; there were none. A motion was made by Council Member Mendez that the hearing be closed; seconded by Council Member Pruet; and passed unanimously with Council Members Berlanga and Guerrero absent at the time the vote was taken. Mr. Thorpe clarified to the Council that that parking would be that shown on drawing "A" in the rear of the property, not drawing "B." Council Member Mendez' motion passed as follows: Jones, Best, McComb, Mendez, Pruet, Slavik, and Strong voting "aye"; Berlanga and Guerrero absent at the time the vote was taken. Mr. Wenger stated that the ordinance effecting the zoning change would be on the agenda next week. * * * * * * * * * * * * * Mayor Jones called for petitions from the audience. Mr. Philip Rosenstein, 939 Bobalo, objected to the procedures of the Planning Commission; he stated that the staff intimidated the Commission members; staff told the Commission that on a zoning case on Dorothy Street they would have to table the item because they had also tabled an item relating to signs; and staff had no right to instruct the Commission on parliamentary procedures. Mrs. Judy Maples invited the Council to attend the Sweet Adelines performance, which will have a musical salute to Texas. In response to a question from Council Member Slavik, Mr. Wenger stated that the minutes of the meeting mentioned by Mr. Rosenstein would be available in two to three weeks. Mr. Wenger stated that he was not present at the particular meeting, but he will provide the Council with a report. He informed the Council that the issue could not be split because it was one zoning application. _.mutes Regular Council Meeting November 18, 1986 Page 17 * * * * * * * * * * * * * City Secretary Chapa stated that the Council would convene in closed session under Article 6252-17, V.A.C.S., to consider personnel and litigation. A motion was made by Council Member Pruet that the Council convene in closed session; seconded by Council Member McComb; and passed unanimously by those present at 5:39 p.m. The meeting was reconvened at 6:13 p.m. A motion was made by Mayor Pro Tem Best to uphold the ruling by the Civil Service Board of the indefinite suspension of Barbara Patton; seconded by Council Member Slavik; and passed as follows: Jones, Best, McComb, Mendez, Pruet, and Slavik voting "aye"; Berlanga, Guerrero, and Strong absent. There being no further business to come before the Council on motion duly made, seconded, and passed unanimously, the meeting adjourned at 6:15 p.m. /td 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 November 18, 1986, which were approved by the City Council on November 25, 1986. WITNESSETH MY HAND AND SEAL, this the11--i