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HomeMy WebLinkAboutMinutes City Council - 10/24/1973le& MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 24, 1973 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark 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 Dwight Ramsey of the Riverside Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Acuff and passed, that the Minutes of the Regular Meeting of October 10, 1973, be approved as presented to the Council. Motion by Acuff, seconded by Tom Gonzales and passed, that the absence of Commissioner Branch be excused for just cause. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related comments and explanations as follows: a. That bids be received at 11:00 a.m., Tuesday, November 13, 1973 for budgeted Capital Outlay as follows: (1) A triplex riding greens mower for the Oso Golf Course (2) Two tractors with 48" rotary mowers for the Fire Department b. That a contract be awarded to BIF (General Signal), Providence, Rhode Island, for four 16" Butterfly Valves on the basis of their low bid meeting speci- fications of $4,069.00. The low bid of $2,880.00 submitted by Henry Pratt Com- pany offered a valve with a bonded seat. The specifications provide that the valve must be equipped with a replaceable seat. Bids were received from four firms. Comparing this price with the price paid last year shows a decrease of 5%. c. That Trinity Engineering Testing Corporation be retained to provide soil testing for the design of Nueces Bay Boulevard from Leopard Street to High- way 37 at a cost not to exceed $1415. The project was approved in the 1972 Bond Election and is to be designed by the City Staff. d. That the ordinance amending the private driveway and sidewalk ordin- ance be amended to substitute "Director of Inspections and Operations" for • • Minutes/ Regular Council Meeting October 24, 1973 Page 2 "Director of Engineering and Physical Development" where it appears, except in Paragraph E of Section 34-27, and to make certain changes in wording to clarify the ordinance. These amendments identify correctly the City Officials charged with administration of the ordinance. e. That a public hearing be held November 14, 1973 at 3 p.m. on the follow- ing zoning applications: (1) City of Corpus Christi - "I-2" to "A-2", located between Caldwell and the north side of Comanche on the east side of Brownlee Boulevard. (2) Mr. Jack L. Andrus, Trustee - "R -1B" to "B-4", located on South Padre Island Drive and Crosstown Freeway, west of Ayers. That a public hearing be held November 21, 1973 at 3 p.m. on the following zoning applications: (1) Mr. Howard G. Tirschwell, Trustee - "R -1B" to "A-1", located on the south side of UpRiver Road between McKenzie and Violet Roads. (2) Corpus Christi Area Teachers Credit Union - "R -1B" to "B-1", located on the north side of the Crosstown Expressway and South Padre Island Interchange, southwest of Trojan Drive. (3) Mr. Diomede Grissino - "R-2" to "A-1", located on the north- east corner of Horne Road and Ramsey Street. (4) Baker -Crow Company - "R-2" to PUD -2", located south of Saratoga Boulevard between Sanders and Acushnet Drives. f. That a public hearing be held at 2 p.m. November 7, 1973 on the amend- ment to the Corpus Christi Beach Master Plan to designate the boundaries of the park at the north end of the Beach as that area north of Gulden Street from the Bay to Timon Boulevard and north of Sandbar Street from Timon Boulevard to High- way 181. The Planning Commission on October 16, 1973, unanimously recommended this revision. g. That the plans and specifications for the construction of the Wooldridge - Staples Outfall Drainage be approved, authority to receive bids on November 14; 1973 requested. The plans include the construction of an underground reinforced concrete box structure from Staples Street to the existing outfall ditch near Rodd Field Road. This project is necessary and required for the construction of South Staples from Padre Island to Saratoga. The Staples Street Project is scheduled for December letting by the Highway Commission. The Wooldridge Outfall is to drain the area between Saratoga and Wooldridge and a portion of Staples Street. • • Minutes Regular Council Meeting October 24, 1973 Page 3 h. That a lease be approved with the Gulf Coast Botanical and Zoological Society to lease for 364 days a 15,000 square foot area along. Hirsch Street between Water Street and Shoreline Drive. The Municipal Arts Commission so recommends. i. That a Tenants Assistance and Information Center be established to serve as a source of assistance and information for tenants of federally subsidized housing, specifically public and rent supplement housing. The program would assist needy families in every way possible and provide information about public service agencies. This program will be under the Director of Planning and Urban Development. Staffing consists of 1 Counselor I and 3 Neighborhood Aids. Location of the c<:nter will be at the offices of the Neighborhood Improvement Division at 1022 Leopard Street. The $33,555 annual cost is recommended as a revenue sharing program. The cost of the balance of 1973-74 is estimated at $25,000. Motion by Acuff, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "i", be accepted, and the requests and recommendations be granted and approved as presented by City Manager Townsend. Mayor Luby announced the public hearing on Application #873-1, Herbert Alexander, for change of zoning from "R-2" Two-family Dwelling District, "A-1" Apart- ment House District and "R -1B" One -family Dwelling District to a Planned Unit Develop- ment (PUD -2), being 56.8 acres out of Lots 9, 10, 11 & 12, Section 49, Flour Bluff & Encinal Farm and Garden Tracts; and Lots l and 12, Block 2, Lots 1 thru 6, Block 3, and Lot 1, Block 9, all in Stoddart Smith Subdivision, located west of Waldron Road and South of Division Road. City Manager Townsend presented background information in connection with the request, stating that it was consistent with the ordinance approved by the Council regarding PUD -2 type zoning. He pointed out that there are sewage and drainage problems in this area but the only issue before the Council is the zoning. He explained that the final plat must contain required facilities for drainage and sewage within the area. He stated the drainage work within the tract may not solve the drainage in the area but would not add to the problems. He stated his main concern is the total capacity of the sewage treatment plants in Flour Bluff; that the new plant constructed near the Naval Air Station could reduce the load on the Laguna Shores Plant once a force main is constructed connecting the two plants. He stated if the time came when there was a lack of treatment capacity, control would have to be over • Minutes Regular Council Meeting October 24, 1973 Page 4 the taps with priorities of connections to the system. He stated that he has requested more staff study of the drainage and sewage problems after which a recomr mendation will be made. He stated if the Master Plan is strictly followed, both the problems of drainage and sewage could be worked out but these are separate matters from this hearing and the only issue before the Council at this time is the zoning which would be subject to an approved plat. Mr. Townsend stated a public hearing was held on this request August 21, 1973, and forwarded to the Council with the recommendation that it be approved as good use of the land with variances granted on the reduction of setback requirements from the normal 25' to 20' along public streets and also an extension of time for the completion of the project from the 3 years as specified in the ordinance to five years, and the Staff concurs in this recommendation. Mr. Jerry Reynolds, representative for the project, introduced Mr. Ralph Bender, architect of Ralph C. Bender & Associates, Inc. of San Antonio, who prepared the plans and design for this development. Mr. Bender stated they were retained nine months ago to prepare the plans for the project, and charged with the responsibility of interpreting the marketing and economical feasibility report; that they had worked very closely with the Planning Staff; had met with the Flour Bluff Civic League and the meeting had been attended by some 75 to 100 persons living in the area and the project had been favorably accepted. Mr. Bender explained the project design in detail from a three dimensional model and two drawings, indicating the basic building configuration, setbacks and street patterns. He explained that they had chosen the PUD -2 instead of PUD -1 because it allows multiple uses; that it would be a three-phase type project with single-family detached houses, single- family no -lot line houses; single-family attached one and two story townhouses; garden apartments for rental purposes; central recreation facilities; child day care center, convenience commercial area consisting of a gas station, beauty shops, a small grocery store, and a recreational vehicle and storage facility. He stated the standards exceed all minimum standards of the ordinance, are higher than those required by the Federal Housing Administration and the Veterans Administration, and the density in all three phases is much less than is required by the ordinance. He stated they do not anticipate FHA being involved in the rental. He pointed out that these recreational and convenience centers will be available for use by the Flour Bluff area, and the open space areas will be maintained by the Home Owners' Associa- tion, and also the private streets and access parking lots will be maintained. He • • Minutes Regular Council Meeting October -24, 1973 Page 5 explained that the project will be self contained and will not be dependent on external roads other than to feed traffic off Waldron Field Road; that his client is prepared to work with the Staff relative to any problems on the external streets. As to the density, he pointed out that there could be more units built under the present zoning than under the proposed PAD -2 plan; that it will be an asset to the entire Flour Bluff area,.a good plan for the developer and the City. He explained that it is anticipated that the total construction would be five years in three phases, and hopefully, there will be no changes in the plan, otherwise, they would have to go back to the Planning Commission and conceivably back to the Council. He pointed out that their planning consultant had thoroughly researched the market and this area was most favorably accepted. Mr. Van A. Rousseau, 2401 Retta, spoke in opposition to the request on the basis that the project would add to the existing drainage problems in the Flour Bluff area. He stated it did not seem reasonable to continue permitting developments of this kind when the City had not furnished adequate drainage and sewage facilities for already developed areas. He complained of flooding of his property and attributed it to recent developments in the Flour Bluff area. He presented photographs of the flooding condition made yesterday at the corner of Glenoak.and Waldron Field Road pointing out that certain recent developmentshad been a direct cause of the back up water. He stated there is no drainage on Purdue Street and this is the only outlet for the flooding. Mr. Townsend stated he had not meant to imply that the drainage and sewage problems were not difficult, pointing out that the Staff had held lengthy meetings to try to work out the most effective way to solve these problems. Mr. Rousseau stated there are hundreds of acres in this area that have been inundated and rendered worthless; that mosquitoes are very bad, and no relief in sight. Mayor Pro Tem Acuff pointed out on a map that this is outside the flight paths and not in a critical area. Mr. Townsend explained that there are no bond funds or construc- tion authorized for expansion of the sewer treatment facilities in Flour Bluff, but it is hoped assistance can be obtained through the EPA, and it is his recommenda- tion that this sewer problem in Flour Bluff have top priority over other projects. Mr. Bender pointed out on the map that Mr. Rousseau's property is to the west of the subject tract, and water runs to the opposite direction, that any improvements that are made in that direction would tend to benefit his property from the standpoint of drainage rather than harm it; that extension of the sewer system would be through • Minutes Regular Council Meeting October 24, 1973 Page 6 development; that the development may not relieve his problem but will shorten the time between construction of this project and the time his property would be relieved. He pointed out that if this project is allowed to be constructed, it will generate other developments in Flour Bluff. He stated his client has expressed a willingness to cooperate with the City in trying to solve the sanitary sewer and drainage difficulties in this area. Mr. Joe Tanner, 4830 Karchmer, stated the interest of the Navy should be of prime concern to the City and the City should be respective of their suggestions. He stated it would be his suggestion that the City coordinate developments such as this with the plans of the Navy. Mayor Luby assured Mr. Tanner that the City is at all times working jointly with the Navy in regard to developments in Flour Bluff. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recom- mendation of the Planning Commission be concurred in and Application 4873-(1) PUD -2, Gerbert Alexander, for change of zoning from "R-2" Two-family Dwelling District, "A -l" Apartment House District and "R -1B" One -family Dwelling District to a Planned Unit Development (PUD -2) on approximately 56.8 acres out of Lots 9, 10, 11 and 12, Section 49, Flour Bluff & Encinal Farm & Garden Tracts; and Lots 1 & 12, Block 2, Lots 1 thru 6, Block 3, Lot 1, Block 9, all in Stoddart Smith Subdivision, located north of Purdue Road west of Waldron Road and south of Division Road, be approved and an ordinance be brought forward effectuating the change. ORDINANCE NO. 11753 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 2106, AS AMENDED, UPON APPLICATION OF HERBERT ALEXANDER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 9, 10, 11 & 12, SECTION 49, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, AND LOTS 1 AND 12, BLOCK 2, LOTS 1 THROUGH 6, BLOCK 3, AND LOT 1, BLOCK 9, ALL IN STODDART SMITH SUBDI- VISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT; "R-2" TWO FAMILY DWELLING DISTRICT, AND "R -1B" ONE FAMILY DWELLING DISTRICT TO A PLANNED UNIT DEVELOPMENT (PUD -2); KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Stark, Tom Gonzales, Ricardo Gonzalez, Lozano, present and voting "Aye"; Branch Absent. • • Minutes Regular Council Meeting October 24, 1973 Page 7 ORDINANCE NO. 11754 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON PORTIONS OF CRAIG STREET AND OCEAN DRIVE, AS MORE FULLY DESCRIBED HEREIN- AFTER; PROVIDING FOR PUBLICATION. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. Motion by Lozano, seconded by Stark and passed, that the ordinance amending Section 38-46, establishing certain gas rates in the City of Corpus Christi, read on the first two of three readings on October 10, 1973 and October 17, 1973, be amended prior to its third and final reading by making the following changes: 1. On Page 2, changing under INCENTIVE AIR COOLING & CONDITIONING RATE the figure of "30 million cubic feat per month annual average" to "15 million cubic feet per month annual average". Delete the 9th line in the Table under INCENTIVE AIR COOLING & CONDITIONING RATE reading, "Next 15000 MCF Per Month, $.32 Tnside City Limits, $.32 Outside City Limits". 2. Delete all reference to CHURCH, SCHOOL, HOSPITAL & GOVERNMENTAL AGENCY CUSTOMER RATE and the Table thereunder, as appears on the bottom of page 2; delete in its entirety INCENTIVE AIR COOLING & CONDITIONING RATE and all material following thereafter, up to SECTION 2, on Page 3. ORDINANCE NO. 11755 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS OR CONSUMERS OP THE CITY - OWNED GAS DISTRIBUTION SYSTEM BY AMENDING SECTION 38-46 SO AS TO PROVIDE A NEW SCHEDULE OF RATES FOR ALL CUSTOMERS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVER- ANCE CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally, as amended, by the following -vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch absent. Motion by Lozano, seconded by Stark and passed that the ordinance read on the first and second readings on October 10, 1973 and October 17, 1973, amending Chapter 34 of the Corpus Christi Code, as amended, so as to regulate the construction of sidewalks and driveways or other ways, be amended as follows: • Minutes Regular Council Meeting October 24, 1973 Page 8 1. In Section 1 of the Ordinance, amending Section 34-25, by changing the second last word in the 5th line from "through" to "from"; by changing the designation in the 6th line of said Section 34-25 from "Director of Engineering & Physical Development" to "Director of Inspections and Operations"; changing the word "construction" to "constructing" in the same line of said Section; changing the designation of "Director of Engineering & Physical Development" to "Director of Inspections and Operations" in the 10th line of said Section 34-25. 2. Amending Section 34-26, the 2nd line, by changing the designation of "Director of Engineering & Physical Development" to "Director of Inspections and Operations"; deleting the words "map, plat," in the 3rd line of said Section 34-26 and in lieu thereof, adding the word "plan"; in the 4th line, followingthewords "nature of the" and before "proposed improve- ments", add the words "existing and"; in the 5th line of said section, change the designation from "Director of Engineering & Physical Development" to "Director of Inspections and Operations"; on page 2, in the 2nd, 3rd, and 6th lines, change the designation from "Director of Engineering & Physical Development" to "Director of Inspections and Operations." 3. Amending Section 34-27, the 2nd, 3rd and 4th lines, by deleting the words "unless a showing is made to the satisfaction of the Director of Engineering & Physical Development under SECTION 34-28" and in lieu thereof adding the following "(except under the provisions of Section 34-28)". 4. On page 3, under Item (D), add a period following the first word in the 4th line, "curb", and begin a new sentence with the word "From". 5. On page 3, Item (F) in the 6th line, change the last word from "and" to the words "connecting to". 6. Amend Section 34-28, by changing the designation of "Director of Engineering & Physical Development" to "Director of Inspections and Operations" in the 6th and 10th lines on page 3, and on page 4, the 2nd, 4th and 5th lines and the 6th and 7th lines. 7. In section 4 of said ordinance, delete the second paragraph reading, "In the event of any conflict in City Department titles between this ordinance and any other ordinance, this ordinance shall prevail." • Minutes Regular Council Meeting October 24, 1973 Page 9 ORDINANCE NO. 11756 THIRD READING OF AN ORDINANCE AMENDING CHAPTER 34, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTIONS 34-25, 34-26, 34-27 AND 34-28 THEREOF, SO AS TO REGULATE THE CONSTRUCTION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHT OF WAY; REGULATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE PROPERTY FROM PUBLIC RIGHT OF WAYS; PROVIDING FOR PERMITS AND FOR SPECIFICATIONS; PROVIDING FOR VARIANCES IN CERTAIN CIRCUMSTANCES; REPEALING CITY: ORDINANCE NO. 4212, PASSED AND APPROVED ON MAY 11, 1955 AND ORDINANCE NO. 4509, PASSED AND APPROVED ON APRIL 18, 1956; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally, as amended, by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11757 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $1,415 FOR PREPARATION OF A PRELIMINARY SOIL INVESTIGATION BY TRINITY ENGINEERING TESTING CORPORATION FOR THE DESIGN OF STREET IMPROVEMENTS ON NUECES BAY BOULEVARD, FROM LEOPARD STREET TO I.H. 37, PROJECT NO. 220-72-9; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales,Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11758 AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE GULF COAST BOTANICAL AND ZOOLOGICAL SOCIETY FOR THE PURPOSE OF PROVIDING A DOLPHIN SHOW ON A SITE IN THE BAYFRONT SCIENCE PARK UNDER THE TERMS AND CONDITIONS SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH I5 ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano andStark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11759 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH A TENANT ASSISTANCE AND INFORMATION CENTER AS MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING FROM THE FIRST ENTITLEMENT PERIOD REVENUE SHARING RESERVE THE SUM OF $25,000 FOR THE OPERATION OF THE AFORESAID PROGRAM; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. Mr. Nat Seago, representative of Weldon A. Smith School Parent Teachers' Association, appeared on behalf of the safety of school children living in Candle - wood, Briarwood,Lexington Park, and Greenway Gardens Additions, who have to travel on Williams Drive or Rodd Field Road to attend Smith Elementary School. He stated that • • Minutes Regular Council Meeting October 24, 1973 Page 10 Williams Drive from Daly to Nile is too narrow for cars and bicycles to travel at the same time, that there is no bus service in Candlewood 3 and 4, Briarwood or Greenway Gardens, and during rainy weather the shell walkways become muddy and children are forced to walk in the streets. As a solution he presented a list of five proposals to alleviate the problem requesting that the shell path laid by the City along Williams Drive from the School to Airline be covered with asphalt, that Williams Drive be closed to motor traffic during construction on Nile, and that a walkway be provided from the corner of Sparkle Sea Drive to Williams along the east side of Rodd Field Road. He asked that the walkway on the north side of Williams Drive be six feat wide to provide space for students walking or riding bicycles. (Petition #6-73) City Manager Townsend stated this matter would be referred to the Director of Engineer- ing & Physical Development for investigation as to what could be done. He expressed concern as to what can be done, and stated it would take more than a week to draw plans, but that the sidewalk could be shelled as a maintenance matter for temporary relief. Motion by Acuff, seconded by Tom Gonzales and passed, that the meeting be adjourned at 4:00 p.m., October 24, 1973.