HomeMy WebLinkAboutMinutes City Council - 08/29/1973PRESENT:
Mayor Jason Luby
Mayor Pro Tem James T. Acuff
Commissioners:
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
Chaplain.
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
August 29, 1973
3:00 P.M.
City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary T. Ray Kring
Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall.
The Invocation was given by Commissioner Branch in the absence of the invited Guest
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Acuff, seconded by Stark and passed, that the minutes of the Regular
Meeting of August 1; Special Meeting of August 1; Regular Meeting of August 8; and Special
Meeting of August 8, 1973, be approved as presented to the Council.
Mayor Luby announced the issuance of proclamations relative to the following:
GRAND OPENING OF THE ARTS AND CULTURAL. SEASON, September 2 through 8, 1973.
and SQUARE DANCING WEEK, September 2 through 8, 1973.
Dr. Hans Suter, chairman of the committee appointed by the Mayor to make a study
of the Corpus Christi Beach Restoration project, appeared and presented a resolution which he
stated was in accordance with a directive from the Mayor that recommendations be made for the
improvements as they affect the citizens of the Beach, City, tourist industry and related businesses.
He read the resolution which he stated was adopted by the Committee August 23, 1973, making
in summary, the following recommendations: (1) that the planned park area should embrace all
beach front property from Gulden Street northward to the Rincon Industrial park next to U. S.
Highway 181, and all city property abutting thereto; and (2) that the Beach Restoration project
begin as soon as possible to aid in hurricane protection, prevent erosion and to provide an
attractive beach for citizens and tourists. (Council Exhibit 08-73)
In answer to questions from the Council, Dr. Suter stated the proposed condominium
is within this area; that he is not personally opposed to the development of the condominium units
on Corpus Christi Beach so long as they do not take place within the area set aside for the park
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Regular Council Meeting
August 29, 1973
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and safeguards are made to keep the Beach open to the public. He stated he feels it is the
the
obligation of public officials to keep/beach policed and maintained for the benefit of the public.
Mayor Luby thanked Dr. Suter and his Committee for their efforts.
Mayor Luby called for the opening of bids and Director of Department of Engineering
& Physical Development James K. Lontos, opened and read bids for Air Conditioning Improvements
for Parkdale Branch Library from the following firms: Malek, Inc.; and Weathertrol.
The foregoing bids were tabled pursuant to the requirements of the City Charter and
referred to the City Manager for tabultation and recommendation.
Mayor Luby announced the public hearing on Application #1272-3, Joseph A. Abbey,
M.D., for change of zoning from "R -1B" One -family Dwelling District and a Special Permit to
"B-4" General Business District on Tract A; to "AB" Professional Office District on Tract B; and
to "R-2" Two-family Dwelling District on Tract C, all tracts being the southwest portion of Lots
17, 18 & 19, Section 13, Flour Bluff & Encinal Farm & Garden Tracts.
City Manager Townsend reviewed the background of the case stating it was heard by the
previous Council and questions had not been fully resolved relative to drainage problems at the
close of the hearing which was immediately prior to the moratorium in effect at that time; that
the matter was referred to the Planning Commission for further review of the drainage problems
and the Commission had reaffirmed their original recommendation that all three tracts be approved
contingent on a statement from the applicant that Tracts A & B will be restricted from apartment
density. He stated new notices had been mailed to property owners of this re -hearing; that twelve
letters had been received in opposition and three in favor.
Mr. Bert Haas, architect, spoke on behalf of the applicant stating the application had
been submitted with a plot plan which was presented to the Council. He stated they were not
requesting anything out of the ordinary; are willing to dedicate park area, and if it would be
more agreeable to the residents they would accept "B-4" on the entire tract. He stated they propose
to construct 14 units per acre, and the plans call for a large amount of open space. He explained
how they propose to handle the drainage problem stating it will be underground and all property
owners will be asked to participate in the cost but that this has not been discussed with property
owners. He pointed out that at the present time the drainage problem is in the lower southeast
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Regular Council Meeting
August 29, 1973
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corner of Tract C, and that the City's drainage problems are just as great as that of the applicant.
He stated they had discussed with the Staff the possibility of draining all of the area toward the
front, pointing out that if it is graded up it will flood the park. He stated the plan provides for
a 30' drainage easement; that this 30' easement had been discussed with the representatives of the
Peterson Properties, but they had not committed themselves.
The drainage problem was discussed at length, and City Manager Townsend stated the
problem must be resolved at the time of platting, and there has been no firm statement that it will
be drained at the time of platting. He stated that under the present procedure, the first developer
in the area would be responsible for providing the drainage.
Dr. Joseph Abbey, applicant, stated that the matter of increased density is a moot
question, pointing out that if this land were to be developed for single-family homes, the density
with regard to schools would increase far more than if condominium apartments were allowed
because they are usually occupied with couples with no children. As to the drainage, Dr. Abbey
stated the City is shifting the entire responsibility onto the developer, commenting if the land
remained undeveloped in its present state, the City would sooner or later be forced to drain the
land, and that water from the park would be draining toward his property. He commented that the
adjacent golf course is presently being controlled by one man and one pump.
Mr. Bill Brown, 4747 Ocean Drive, spoke on behalf of the Peterson Properties, stating
they were in favor of the request as applied for. He stated they are aware of the natural drainage
problems, have not been contacted by the applicant, have not made a commitment in regard to
providing drainage across the back of their property, but did not want to rule out that possibility.
He stated they were in favor of the request on the basis it is the highest and best use of the property;
that he would be willing to negotiate with Dr. Abbey on the drainage but felt the City should
participate; that they would not favor an open drainage ditch as this would damage the use of their
land.
Mr. Wallace Lundgren, 5121 Cape Ann, spoke in favor of the request stating he could
not see single-family development; would cooperate with the applicant with regard to the drainage,
but could not make a commitment at this time.
City Manager Townsend pointed out that the adjoining subdivision was poorly designed,
that the City had tried to prevent it, but it had been a very difficult situation to handle.
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Regular Council Meeting
August 29, 1973
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Mrs. Eliseo G. Garcia, 5722 Bonner, spoke in oppos'stion to the zoning request stating
the residents of this area preferred to keep the neighborhood a One -family Dwelling neighborhood,
and they feel additional multi -family homes would increase the concentration of people, generate
more traffic for school children who have to cross Staples Street, and would generally be a detri-
ment to all concerned. She stated that those who are in favor of the change are not residents of
this area but live on Ocean Drive and are only interested in making a profit.
Mr. Haas stated they are only asking for the number of units approved by the Planning
Commission, and will accept whatever they agreed to at the time of the hearing.
Mr. Townsend stated the deed restrictions were improperly written as to Tract C, and
that these will be corrected.
Motion by Branch, seconded by Acuff and passed, that the hearing be closed.
Motion by Stark, seconded by Ricardo Gonzalez and passed, that Application 01272-3,
Joseph A. Abbey, M.D., for change of zoning from "R -1B" One -family Dwelling District and a
Special Permit to "B-4" General Business District on Tract A; to "A -S" Professional Office District
on Tract B, doe granted with the understanding that no residential units will be constructed on these
two tracts; that "R-2" Two-family Dwelling District be granted on Tract C, restricting to a maximum
of 130 units, such units not to be built until drainage meeting the requirements of the Platting
Ordinance has been constructed; all tracts being the southwest portion of Lots 17, 18 & 19,
Section 13, Flour Bluff & Encino' Farm & Garden Tracts.
Motion by Acuff, seconded by Branch and passed, that the Staff be instructed to
initiate an application for the rezoning of the area between the Abbey property and Williams Drive.
Mayor Luby called for the City Manager's Reports and City Manager Townsend presented
requests and recommendations with related comments and ,.xpla.nations, as follows:
a. That the time of day for the regular meetings of the City Council be changed from
3 p.m. to 2 p.m. on Wednesday effective the first meeting in September, September 5th.
b. That a new hearing be held on September 12th at 3 p.m. on Zoning Case #773.r3,
Antonio Carreno, M.D., from "A-2" to "AB" at the corner of Craig and Ocean Drive due to
confusion created as a result of the change of meeting date from 8/23/73 to 8/25/73. Both the
applicant and others wishing to appear report they did not get notices of the date change.
c. That the plans and specifications for re -painting the center stripe of both runways
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Regular Council Meeting
August 29, 1973
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at Corpus Christi International Airport be approved and authority to receive bids on September W,
1973 at 2:00 p.m., be granted.
d. That the plans and specifications for the sealing of the commercial aprons of the
Corpus Christi International Airport be approved and bids be received on September 19, 1973,
The contract provides for a liquified Gilsonite mineral solution or equal on the entire surface of
the commercial ramp apron so that the existing asphalt which shows deterioration and cracking con
be rejuvenated to extend the life of the asphalt.
e. That the plans and specifications for the flood protection of the basement of the
City Hall be approved and bids be received September 19, 1973. The plans include the constrnC
tion of a manhole valve box in the sanitary sewer discharge line along West Shoreline Boulevard
to keep flood water back flows out of the City Hall basement.
f. That the award made on August 15, 1973 to Heldenfels Brothers for hot -mix
asphalt for street construction materials be clarified to include acceptance of the contract unit
prices of $7.35 per ton for shell base asphalt hot -mix and $7.65 per ton for crushed stone base
asphalt hot -mix. The total amount of $143,325 remains the same. The City will have the right
to order either the shell base hot -mix or the crushed stone aggregate base hot -mix as the need
dictates.
g. That a change order for $3,521 .36 be approved subject to FAA approval, to the
contract with Allied Fence Company on the Airport Perimeter & Security Fence Project. The
change order provides for two additional 24' gates in the perimeter fence in addition to widening
five other gates to facilitate farm equipment on airport lease property; and further provides for
the construction of six foot security fence in lieu of barbed wire perimeter fence around the
Tropicair Lease.
h. That $1,800 be appropriated for laboratory services required in the design of
Street Improvements for McKenzie Road from Leopard Street to Interstate 37. The work will
include various soil investigation tests and analytical tests to establish design Criteria for the
street improvements.
i. That the Gollihar paving assessment roll, adopted on October 1, 1969, be
corrected to reflect a reduction of $150.01 from the original assessment of $2,251.01 on the
property owned by Mr. A. L. Rankin, being Lot 1, Block 1, A. L. Rankin Tract, Gollihar
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Regular Council Meeting
August 29, 1973
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Assessment Roll #32 because of a measurement error. No interest will be charged on this tract
because of the error. An adjustment is recommended on the balance of the tract which was um,
platted when assessed in 1969. Interest shall accrue from the date the property was rezoned.
That assessment of $9,302.17 is past due and interest has been accruing since the project was
completed. Article 1105b bars Mr. Rankin from further legal contest as to this assessment.
j. That the appointment by the City Manager of Charles D. Randall as Coliseum
Manager be confirmed.
k. That the City grant a revocable permit to the developers of Oso Estates Unit I
Subdivision for the purpose of constructing a kiosk (10' x 6' building) within the public right-qf1
way of Bullfinch Street between Padre Island Drive and Quetzal Street. The building will provide
storage space for equipment required to maintain the island within the right-of-way and provide
distinct identification for the subdivision. The proposed permit requires maintenance by the
developers of the property owners association or removal at their cost.
I. That the contract with the Community Development Corporation for housing
development activities be continued on a month to month basis. The thrust of the program will
be subject to substantial revision as soon as Congress passes a new housing bill which is now under
consideration.
m. That the date to receive bids on the plans and specifications for the completion
of the new wing of the Corpus Christi Museum be changed from September 12, 1973 to September 26,
1973. This would allow sufficient time for contractors doing this type of work to review and bid
the project.
Mr. Charles D. Randall, recommended for appointment as Coliseum Manager was
introduced to the Council . Mr. Townsend explained that Mr. Randall had been a resident of
this City since 1942, had served as assistant to the Coliseum Manager for five years, and had
complete confidence that he would do a fine job directing the activities of the building.
Mr. Townsend requested that recommendation "k" relative to replacement of Police
Commander by an Administrative Assistant II, be temporarily deferred.
Mr. Jack K. Dumphy, 758 Burkshire, expressed appreciation for what the City has
done to continue housing development activities for the Community Development Corporation.
He stated the CDC assets have been dwindling the last year and estimate they have perhaps four
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Regular Council Meeting
August 29, 1973
Page 7
more months in assets, and hope by that time Congress will act favorably for continuation of the
program. He stated the next few months' program moy not be in housing but may be in the area
of counseling and that no money is allocated for counseling. Mayor Pro Tem Acuff asked if the
Council would be a proper vehicle to carry out a counseling program of persons who move into the
#235 projects. City Manager Townsend stated he would need more time and information to faring
back a recommendation in this regard, but stated he would discuss it with Mr. Briones and a
recommendation presented next week.
Motion by Acuff, seconded by Ricardo Gonzalez, and passed, that the City Manager's
Reports, Items "a" through "m" (Item "k" excepted), be accepted and that the requests and recom-
mendations be granted and approved as presented by the City Manager.
City Manager Townsend presented the pending item of Application #473-5, Texas
Methodist Foundation, for change of zoning from "R -1B" One -family Dwelling District to "R-2"
Two-family Dwelling District on approximately 45 acres out of Lot 6, Block 7, Bohemian Colony
Lands, on which the Planning Commission recommended approval and was tabled for two weeks
by the City Council June 28th pending further review of the school property and joint City use
aspects of the school park. He explained that on July 11, the matter was further tabled because
an adequate report had not been received on the school -park relationship and because a sound
curve was requested. He stated the applicant had requested that it be removed from the table
for Council action. Mr. Townsend explained that the City has committed the area from Cabaniss
Field to the West Side Sewer Plant as heavy industrial uses; explained that no matter how well
sewer plants and land fills are operated, they are still obnoxious and are always a problem. He
stated he is recommending against this condominium type development which is proposed with very
little open space.
The flight patterns were discussed, and it was pointed out that there would be a problem
of getting FAA financing because of the noise, and that it is doubtful it would be a high class
treatment
project in view of the flight patterns close proximity of the sewer -facilities, and noise. It was
noted that a preliminary plot plan had been submitted.
Motion by Branch, seconded by Stark and passed, that the foregoing matter be removed
from the table.
Motion by Acuff that the request be denied. The motion died for lack of a second.
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Regular Council Meeting
August 29, 1973
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Motion by Ricardo Gonzalez that the matter be further tabled. The motion died for
lack of a second.
Motion by Branch, seconded by Lozano and passed, Acuff voting "Noy", that Applica-
tion #473-5, Texas Methodist Foundation, for change of zoning from "R -1B" One -family Dwelling
District cn approximately 45 acres out of Lot 6, Block 7, Bohemian Colony Lands, be approved
subject to the applicant filing voluntary deed restrictions limiting the development to 10 units per
acre, and an ordinance be brought forward effectuating the change.
Mrs. Alexander J. Hogarty, past Regent of Corpus Christi Chapter of DAR, made a
presentation to the Council proposing that basketball tournaments be used in the Bicentennial
Celebration of the Nation's 200th Anniversary. She stated this sport would be appropriate since
it originated in the United States in 1891; that it includes both sexes, includes a wide range of
age groups, is well attended by spectators, is well covered by television, would bring tourists
to Corpus Christi, can be played in or out of doors as weather permits, has adequate facilities
available, would minimize costs since courts and uniforms are inexpensive, and would enable
the youth of the City to participate. She stated this proposal had been suggested to the 26 -member
committee and had been well accepted. She urged that serious consideration be given by the
Counci I .
In regard to a previous discussion of aid to Halfway House, Mayor Pro Tem Acuff
stated they were in the process of opening a facility to include women, and suggested that this
would be an excellent way of spending Revenue Sharing Funds. The Council unanimously agreed
that $10,000 would be an appropriate sum for this purpose. City Manager Townsend stated an
ordinance would be on next week's agenda authorizing this expenditure.
ORDINANCE NO. 11669
APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $1,800 FOR LABORATORY SERVICES
TO BE FURNISHED BY GULF COAST TESTING LABORATORY, INC., IN CONNECTION WITH
THE DESIGN OF STREET IMPROVEMENTS FOR McKENZIE ROAD, PROJECT NO. 220-70-117;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
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Regular Council Meeting
August 29, 1973
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ORDINANCE NO. 11670
CORRECTING AND AMENDING ORDINANCE NO. 9507, ENACTED ON OCTOBER 8, 1969,
AS AMENDED, BY AMENDING ITEM NO. 32 OF SECTION 3 THEREOF SO AS TO CORRECT
THE ASSESSMENT IN CONNECTION WITH THE IMPROVEMENTS TO GOLLIHAR ROAD, FROM
GREENWOOD DRIVE TO S.H. 286; REASSESSING ITEM NO. 35 QF SAID SECTION 3, AS MORE
FULLY HEREINAFTER SET OUT; PROVIDING THAT ALL OTHER PROVISIONS OF SAID ORDI-
NANCE, AS AMENDED, SHALL REMAIN IN FULL FORCE AND EFFECT; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
RESOLUTION NO. 11671
CONFIRMING THE APPOINTMENT OF CHARLES D. RANDALL TO THE OFFICE QF COLISEUM
MANAGER BY THE CITY MANAGER, PURSUANT TQ CITY CHARTER ARTICLE III, SECTION 3;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11672
AMENDING SEC. 2-7, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO CHANGE
THE CITY COUNCIL MEETING ON WEDNESDAY AFTERNOON TO 2:00 P.M.; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11673
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT, GRANTING
SHELTER CORPUS CHRISTI INC., DEVELOPERS OF 050 ESTATES UNIT 1, PERMISSION TO
CONSTRUCT A KIOSK WITHIN THE PUBLIC RIGHT OF WAY OF BULLFINCH STREET BETWEEN
PADRE ISLAND DRIVE AND QUETZAL; SAID REVOCABLE EASEMENT, A COPY OF WHICH 1S
ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT
PURPOSES, SUBJECT TO THE TERMS AND CONDITIONS THEREIN; AND DECLARING AN
EMERGENCY.
The Charter Rrule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
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Regular Council Meeting
August 29, 1973
Page 10
Item "k" of the City Manager's Reports relative to replacement of Police Commander
with training responsibilities by an Administrative Assistant I1 to provide academic supervision of
the College Credit Police Program, was discussed. City Manager Townsend explained that approval
of this position had been given previously when the Council passed the 1973-74 budget and
the new position was provided in that budget. He explained that the academic supervision duties
had been performed by Police Cmdr. Charles Tackett until he resigned recently to take a job with
Sam Houston's State University in Huntsville. He explained that the duties required a person with
a college degree and there was no one presently in the Police Department at the specific level
who had the education and qualifications.
Mr. Jim Wilburn, member of the Policemen's and Firemen's Civil Service Commission,
had opposed the change at a previous meeting and asked for time for a presentation before the
Council . It was determined that Mr. Wilburn had been notified that the matter would be discussed
at this time and he had failed to appear.
Motion by Stark, seconded by Acuff and passed, with Ricardo Gonzalez and Mayor
Luby voting "Nay", and Lozano abstaining, that the recommendation of the City Manager be
concurred in and the position of Police Commander be replaced with an Administrative Assistant
11 with training responsibilities to provide academic supervision of the College Credit Police
Program.
There being no further business to come before the Council, the meeting was adjourned
at 5:50 p.m., August 29, 1973.
1, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing
minutes, same being for the period of August 1, 1973 through August 29, 1973, inclusive,
and having been previously approved by Council action, are by me hereby approved.
LU BY , Ma
City of Corpus Christi, Texas