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
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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.
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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.
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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:
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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.
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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.
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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
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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
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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.
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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
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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
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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:
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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:
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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.
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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.
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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.
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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