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HomeMy WebLinkAboutMinutes City Council - 11/06/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 6, 1974 2:00 P.M. PRESENT: 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 City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Larry D. Tankersley, pastor of South Shore Christian Church. City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Acuff and passed, that the Minutes of the Regular Council meeting of October 23, 1974 be approved as submitted to the Council. Mayor Luby reported that proclamations had been issued relative to the following: WORLD PLAN WEEK - USA 1974, November 10 through 17, 1974; RETARDATION DAYS IN CORPUS CHRISTI, November 11 through 16, 1974; and YOUTH APPRECIATION WEEK, November 11 through 17, 1974. Cmdr. Cuban Burbank of the American Legion appeared and solicited the sale of poppies from the Council and staff in connection with the Veterans of Foreign Wars' annual poppy sale to be conducted in the City this month. City Manager Townsend announced the public hearing on the appeal of Mormac Oil and Gas Company from denial of a permit by the Petroleum Superintendent to drill a land well to a depth of 7,300 feet as a straight hole in Drilling Block 1185 out of Parcel 8 of the Partition of the Weil Lands, generally located at the intersection of Corn Products Road and Hopkins Road. He explained that the Land Drilling Ordinance prohibits the drilling of any well within 400' of any residence or otl. ;r structure intended from human occupancy unless written waivers are received from all owners of such residences or structures; that when the appeal was filed, waivers had not been received from two owners within this 400' distance, but his more recent information was that these waivers had been received. Petroleum Superintendent Harry Franklin submitted letters from the two owners, Coastal Storage, Inc. and Coastal Bend Mfg., Inc. constituting waivers required by the Land Drilling Ordinance. • Minutes Regular Council Meeting November 6, 1974 Page 2 No one appeared in opposition to the foregoing appeal. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the hearing be closed and receipt of the two waivers from Coastal Storage, Inc. and Coastal Bend Mfg., Inc. be acknowledged. Mayor Luby called for the City Manager's Reports, and City Manager Townsend pre- sented recommendations with explanations and comments, as follows: a. That a public hearing be held at 3:30 p.m. on November 27, 1974 during the Regular Council Meeting on the following zoning application: Physicians Plaza, Ltd. - Exception to Standard Screening Fence Require- ment, west property line of Lot "B", Block 1, Medical Center Subdivision, located at the southwest corner of Baylor and Hospital Streets. b. That bids be received at 11:00 a.m., Tuesday, November 26, 1974, on the following budgeted items: (1) 1,000 gpm Class "A" triple combination pumper for the Fire Department (2) A 1500 barrel steel storage tank (approximately 63,350 gallons) to replace an old washwater tower at the Cunningham Filter Plant A one-year supply contract for passenger, truck and equipment tires and tubes. (3) (4) A maintenance and utility body and transfer of an aerial ladder for the Traffic Engineering Department. The utility body will be mounted on a cab and chassis purchased last year and the ladder will be transferred from a worn-out utility body. c. That a contract be awarded to Servtex Materials Co., New Braunfels, Texas, for 2,900 tons of rip -no rock on the basis cf only bid received of $17,579, for downstream protection of the banks of the Nueces River below Wesley Seale Dam. Requests for bids were mailed to six firms. (Bid Tab #56-74) d. That a contract be awarded to 3M Company, St. Paul, Minnesota, for 24 rolls of reflective sheeting for the Traffic Engineering Department on the basis of the only bid received of $7,918.94. The price reflects a 10% increase over the last purchase. Requests for bids were sent to eight firms. (Bid Tab #57-74) e. That a contract be awarded to Federal Copper & Aluminum Company of Minneapolis, Minnesota, for approximately 6 months requirement07, 000 ft.) of various sizes of copper tubing for warehouse inventory for the Water and Gas Divisions based on low bid of $12,624.36. Bids were received from four firms. An overall price comparison shows a decrease of approximately 27%. (Bid Tab #58-74) Minutes Regular Council Meeting November 6, 1974 Page 3 f. That plans and specifications for the construction of storm sewer laterals in the Mayfield Drive-Starlite Lane area be approved, and bids be received on November 27, 1974. The project includes the extension of a storm sewer in Mayfield Drive from Starlite Lane toward Violet Road and Starlite Lane from Mayfield Drive toward Highway 9. The project was included in the 1972 bond program and is designed to alleviate a long-standing drainage problem in the Mayfield-Starlite area. g. That an ordinance be adopted authorizing the saleof motor vehicles impounded under the authority of any City ordinance in the same manner that abandoned motor vehicles are auctioned. The City currently impounds motor vehicles under the Abandoned Motor Vehicle Act, junked car ordinance, for being traffic hazards, or for violation of parking regulations. Presently, no procedure exists for selling at auction motor vehicles impounded except those impounded under authority of the Abandoned Motor Vehicle Act or the Junked Car Act. The proposed ordinance would remedy this deficiency. h. That the lease of the Meadow Park Annex building located at 442 Mohawk Street, with the Nueces County Community Action Agency be renewed for a period of three years, beginning September 1, 1974 and terminating on August 31, 1977, for the operation of a day care center. The original lease was authorized on September 15, 1971. The only change recommended is a provision authorizing the Senior Community Services Program to operate a nutrition and feeding program for older adults at the facility. The Park Board concurs in this recommendation. i. That the request of Dr. W. R. Hubler that the property located approximately 195 feet north of Oleander -eet and extending 170.61 feet to the north be returned in exchange for $36,475, be denied. Dr. Hubler contends that the City agreed to return his land if all the parcels in the approved HUD open space project were not acquired. Dr. W. R. Hubler appeared relative to the City Manager's recommendation that his request that the City return to him the property located 195' north of Oleander Street and extend- ing 170.61 feet to the north in exchange for $36,475, be denied. Dr. Hubler contended that the City agreed to return his land if all the parcels in the approved HUD Open Space project were not acquired and claimed that the City did not take similar land for the Open Space program and the taking of his Bayfront property was a discrimination against him. He stated he had not been aware that the suggested "life estate" choice would be possible, but commented that this would not be practical since he would not be permitted to build on the land. s Minutes Regular Council Meeting November 6, 1974 Page 4 Dr. Hubler also complained of a drainage problem on property which he owns near Padre Island Drive stating that since Padre Island Drive was constructed, water drains from a residential area and Padre Island Drive onto and across his property causing erosion and damage. He stated he had discussed this with the City Manager over a year ago but nothing had been done. He claimed that the combination of deepening and widening of the drainage ditch had changed the flow of water. City Manager Townsend described the drainage problems in this area pointing out that the staff had spent many hours in discussions of ways to correct the problems. He stated it is the opinion of the staff that the problem complained of by Dr. Hubler is not the City's responsibility but the result of Mother Nature. No action was taken on the drainage problem. Motion by Acuff, seconded by Branch and passed, with Ricardo Gonzalez voting "Nay" and Luby abstaining on Item "i", that the City Manager's Reports be accepted, and the requests and recommendations be granted, adopted, and approved as presented by City Manager Townsend. City Manager Townsend presented the pending item of Mr. Rufus Tucker's request for change of zoning from "B-5" to "1-3" at 2910 Leopard Street. The public hearing was held October 9, 1974 and a motion was passed by a 4 to 3 vote approving a Special Council Permit as recommended by the Planning Commission for a wholesale -retail poultry processing plant, however, consideration of the ordinance granting the Special Permit was tabled pending a closer look and the investigat ion of similar modern plants. The results of this investigation were discussed October 30 and the matter was further tabled. Mr. Townsend explained that a site plan has been completed and an or. --ince prepared. Mr. John Waller, attorney representing Mr. Tucker, stated he recognized that the Council is generally opposed to the zoning which he regrets, but stated his comments would be directed to ways to help Mr. Tucker find a suitable place to located in another section of the City because of the number of jobs the business will bring to the City. He pointed out that a location further out on the west side would be fine for his client's wholesale business but would not be suit- able for the retail department. Mr. Waller requested that this item be temporarily deferred until Mr. Tucker arrived at the meeting. (See subsequent discussion on this matter) FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A RENEWAL OF THE AGREEMENT WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) AS AUTHORIZED BY ORDINANCE NO. 10463, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 15, 1974, FOR THE USE AND OCCUPANCY OF THE MEADOW • Minutes Regular Council Meeting November 6, 1974 Page 5 PARK ANNEX BUILDING, LOCATED AT 442 MOHAWK STREET, FOR A PERIOD OF THREE (3) YEARS, BEGINNING SEPTEMBER 1, 1974 AND TERMINATING AUGUST 31, 1977, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING CHAPTER 33, PART II, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND AS PARTICULARLY AMENDED BY ORDINANCE NO. 10730, AND ORDINANCE NO. 11979, SO AS TO ADD A NEW SECTION 33A-10 TO PROVIDE FOR THE AUCTIONING OF MOTOR VEHICLES IMPOUNDED UNDER THE AUTHORITY OF ANY CITY ORDINANCE IN THE SAME MANNER AS MOTOR VEHICLES ARE AUCTIONED UNDER TEXAS ABANDONED MOTOR VEHICLE ACT; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CIT- ING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS 42 THROUGH 45, BLOCK 81, BAY- FRONT SCIENCE PARK AREA EXPANSION, APPLICABLE TO THE NO. 122 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEM4ATION PROCEEDINGS AGAINST THE OWNERS, GUARANTY NATIONAL BANK, TRUSTEE, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby piesent and voting "Nay". SECOND READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CIT- ING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS 7 THROUGH 14, BLOCK 91, BAY- FRONT SCIENCE PARK AREA EXPANSION, APPLICABLE TO THE NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, SHORELINE BREWSTER COMPANY, TO CARRY OUT TH._ INTENTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby present and voting "Nay". ORDINANCE NO. 12350 THIRD READING OF AN ORDINANCE AMENDING CHAPTER 19D OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED: CHANGING THE TITLE TO BE "AMBULANCE SERVICE"; DEFINING TERMS; MAKING IT Minutes Regular Council Meeting November 6, 1974 Page 6 UNLAWFUL TO ENGAGE IN THE BUSINESS OF PROVIDING AMBULANCE SERVICE WITHOUT AN AMBULANCE OPERATOR PERMIT; ESTABLISHING CERTAIN REQUIREMENTS FOR AMBU- LANCES AND EQUIPMENT; REQUIRING LIABILITY INSURANCE; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE OPERATOR PERMIT; MAKING IT UNLAWFUL TO OPERATE AN AMBULANCE ON THE PUBLIC STREETS EXCEPT BY AN ATTENDANT AND A DRIVER WITH PERMITS; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE DRIVER PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE ATTENDANT PERMIT; GRANTING THE PERMIT OFFICER POWER TO MAKE INVESTIGATIONS AND INSPECTIONS; PROVIDING FOR THE PROMULGATION OF REGULATIONS; PROVIDING FOR THE SUSPENSION OR REVOCATION OF PERMITS UNDER CERTAIN CONDITIONS; PROVIDING FOR APPEAL FROM THE DENIAL, SUSPENSION, OR REVOCATION OF A PERMIT; PROVIDING FOR THE DISPATCHING OF AMBULANCES BY THE POLICE OR FIRE DISPATCHER UNDER CERTAIN CONDITIONS; MAKING IT UNLAWFUL TO USE EMERGENCY LIGHTS OR SIREN WITHOUT CLEARANCE FROM POLICE OR FIRE DISPATCHER; MAKING IT UNLAWFUL FOR AN AMBULANCE ATTENDANT OR DRIVER TO REFUSE ASSISTANCE OR TRANSPORTATION AT THE SCENE OF AN EMERGENCY, WITH CERTAIN EXCEPTIONS; REQUIRING REPORTS FROM ATTENDANTS ON EMERGENCY RUNS; PROVIDING FOR THE MANAGEMENT AT THE SCENE OF AN EMERGENCY; PROVIDING FOR EXCEPTIONS TO THIS ORDINANCE; MAKING IT UNLAWFUL TO REQUEST AMBULANCE SERVICE KNOWING THAT SUCH SERVICE IS NOT NEEDED; MAKING IT UNLAWFUL TO UTILIZE AND ACCEPT AMBULANCE SERVICE WITHOUT PAYING A REASONABLE FEE THERE- FOR; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Relative to the ordinance establishing the "RE" Residential Estate District, Mayor Pro Tem Acuff suggested that the provision approved by the Planning Commission permitting mobile homes on the one -acre -plus lots be deleted from the ordinance before its third and final reading. He also raised the question as to whether or not deed restricting against mobile homes would be effective enough to preclude their being placed on the lots. Mr. Jon Held, developer and owner of extensive land in the Flour Bluff area, stated he did not feel deed restrictions would be an effective regulation. He said the ordinance, in essence, gives approval for mobile homes on one -acre sites which in his opinion, is a mistake; that there may be circumstances where mobile homes could be permitted by special permit on a temporary basis but should not be by blanket provision. He strongly recommended the deletion of the mobile home provision from the ordinance. Motion by Stark, seconded by Acuff and passed, that the ordinance amending the Text of the Zoning Ordinance so as to include "RE" Residential Estate District, to the list of zoning districts, which ordinance was read for the first time October 23, 1974 and for the second time October 30, 1974, be amended prior to the third reading in the following respect: "Item (1) of Section 4B-2 Use Regulations be changed to read as follows: "(1) Single-family dwellings." i Minutes Regular Council Meeting November 6, 1974 Page 7 ORDINANCE NO. 12351 • THIRD READING OF AN ORDINANCE 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 ORDI- NANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 4, SECTION 4-1, SO AS TO INCLUDE THE "RE" RESIDENTIAL ESTATE DISTRICT TO THE LIST OF ZONING DISTRICTS, THEREBY INCREASING THE NUMBER OF ZONING DISTRICTS FROM 19 TO 20; ADDING A NEW ARTICLE, TO BE NUMBERED 4B, "RE" RESIDENTIAL ESTATE DISTRICT, TO PROVIDE FOR ONE -ACRE RESIDENTIAL DISTRICT; AND AMENDING ARTICLE 24, HEIGHT, AREA AND BULK REQUIREMENTS, TO INCLUDE HEIGHT, AREA AND BULK REQUIREMENTS FOR THE "RE" RESIDENTIAL ESTATE DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12352 CLOSING THAT PORTION OF TWEET STREET BETWEEN KOSTORYZ AND COSNER, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE RETENTION BY THE CITY OF THE FULL WIDTH OF THE STREET AS A UTILITY EASEMENT; DECLARING A REVERSION OF TWEET STREET RIGHT-OF-WAY TO THE ABUTTING OWNERS OF LOTS IN BOULEVARD PLACE SUBDIVISION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye" City Secretary Read stated that according to his tabulation all ordinances had passed with affirmative and negative votes noted. Mr. Rufus Tucker appeared and spoke on behalf of his zoning request to operate a poultry processing plant at 2910 Leopard Street, stating that the cost of building another building at another location according to Federal standards which would qualify for an SBA loan would be prohibitive. He stated two years time and a considerable amount of money had been required to get the approval of the subject site. Mr. Tucker provided the Council with a written statement of his expenses; commitments from people with whom he will do business, and places where the poultry will be obtained. He pointed out that the City of Houston has no zoning laws and could not be compared to Corpus Christi; that the plants there had a problem of blowing feathers because they had outside waiting platforms where the blowers were used; that all his loading and unloading will be on the inside of the building and the trucks will be washed down on the inside. He stated there will be facilities for two trucks but there will be only one loaded truck waiting at one time. He pointed out that the owner of the building is committed to bring the building up to the es ar Council Meeting November 6, 1974 Page 8 • specifications required by SBA and according to the site plan presented. Mr. Billy Biel, owner of the Leopard Street Building and president of the Biel Enter- prises, stated this building had been empty for two years and this is the first opportunity they have had to lease the building. He stated he had no knowledge of chicken processing plants and did not know anything about flying feathers and sewage problems, but was willing to give Mr. Tucker a 20 year lease based on his description of the plant. He pointed out that the Biel Enterprises will not be a partner in the proposed business. Mr. C. S. Thomas of Houston who designed the plant layout and who will sell the equipment to Mr. Tucker, stated it will have a maximum capacity of 3,600 chickens an hour and that trucks each carry about 6,000 chickens; that this proposed plant will be the most modern equipment that can be designed for poultry processing, and there will be a minimum amount of refuse going into the sewers since most of the waste will be sold. He described the disposal and screening system which the feathers will go through. He explained that wastes will be collected in drums kept on the floor during the operation and these will be hauled away, and that there will be a fulltime inspector and veterinarian to see that the system is maintained according to required standards. Mr. William Locke, attorney representing the Firestone store located immediately adjacent to the subject building, stated this site is inappropriate, would constitute a nuisance and would drive Firestone out of business because of offensive odors and other obnoxious conditions associated with this operation. He pointed out that within 300 feet of the proposed plant there are three restaurants, a Post Office and a church; that within 500 to 1,000 feet Miller High School, Buccaneer Stadium ani. Rose Hill Cemetery, and Rainbo Baking Company and an apartment complex nearby. He stated it is too great a risk to allow this type of business in an area of such heavy density. Mr. David Saenz requested that the Council consider the welfare of residents of Hillcrest who are presently heing subjected to obnoxious odors from nearby refineries when prevailing winds are right. Commissioner Branch commented that he lives in Hillcrest and the refinery odors on Leopard are much worse than the odor he and Councilman Ricardo Gonzalez had encountered when they toured the check processing plants in Nixon, Texas. Motion by Branch, seconded by Stark and passed, that the ordinance granting a special permit to Mr. Rufus Tucker be further tabled for another week for more information and investigation • • Mi nutes Regular Council Meeting November 6, 1974 Page 9 by Dr. Metzger on the sewage problems. Motion by Lozano, seconded by Branch and passed, that the Regular Council Meeting be recessed until after the public hearings on four zoning applications scheduled for 3:30 p.m. Mayor Luby reconvened the Regular Meeting at 5:15 p.m. Mr. Phillip Hall, attorney representing the Central Business District Association, made a detailed presentation regarding possible means of financing a Community Civic Facility in the Dillards-Fedway Building, which presentation is in response to the request of the Council of September 11, 1974 for a planning study and possible financing of the project. He hold the Council that after numerous sessions among various CBDA members and representatives that the CBDA proposed that the City offer the owners of the Dillard's building $1 Million for the building and grounds or a total of $3 Million to acquire the facility in a complete and finished condition for community civic and recreational use; that in return for the property and renovations, Dillard's would accept certiciates of obligat ion to be paid off in five years at 5-1/4 percent interest, or a total of $3.56 million. He explained that the plan would provide a facility which would be paid for by those who visit Corpus Christi; that the proposal specifically calls for the City to pay off certificates of obligation with $185,000 in existing sales tax and hotel -motel tax revenue, plus the expected doubling of these amounts from increased convention business, plus $1.7 Million in Federal Funds the City will receive from various projects. He explained that this proposal had been presented to the Dillard's people but had not been formally accepted. Former ivt: or Farrell D. Smith, member of the CBDA, spoke in favor of the proposal and told the Council this building is now vacant and the City would get a bargain if the plan can be done as proposed by Mr. Hall. He pointed out that the City needs the convention facility now; that there are legal problems relative to the 1972 bonds voted for the Bayfront Park location, and realization of that facility may be years away. He pointed out that the use of this building would be a tremendous savings to the City, would be doing a great service to a deteriorating section of Corpus Christi; would prevent the Dillard's and Fedway people from loosing some $1,250,000 because they are stuck with an unfortunate lease; this would not interfere with the proposed permanent convention center; and the building could be converted into needed offices and meeting rooms later. It was generally agreed, on suggestion of Commissioner Stark, that the staff be directed i • Minutes Regular Council Meeting November 6, 1974 Page 10 to proceed with examination of this report in a positive manner, and bring back to the Council recommendations. Reverend David Ashwin, 7001 Williams Drive, pastor of the Palm Crest Baptist Church, appeared on behalf of residents in the area of the Williams Ditch and requested information as to the status of this drainage project on the list of priorities. He told the Council that residents in this neighborhood had worked hard to get this drainage project on a bond issue and passed, and that they were not satisfied with the plans submitted to them by the Engineering Department and were not what they thought they had voted for. He explained that the open ditch is a hazard for the school children who must cross it on their way to school, and it had been necessary to build a hurricane fence to protect these children. He expressed concern that if the open ditch is constructed they will never get the box which was voted for. City Manager Townsend stated he had been advised that the $750,000 1972 bond money will not build the concrete box type drainage ditch as originally proposed but will now cost $1,250,000 and that the Council had been so advised. He stated further estimates will be obtain- ed for the Council's information. Mr. Townsend stated the box type could be built as far as the available funds will permit but the school and Reverend Ashwin's church would not be on that end of the p:oject. Commissioner Acuff commented that it had been determined that an open ditch with concrete bottom will carry water faster than the closed type. No further action was taken on the drainage matter. City Manager Townsend presented the appeal involving property located in Gray Village, Block 3, Lu, 2 (Replat - 1.064 Acres) located west of Everhart Road between Mt. Vernon Drive and South Padre Island Drive. Mr. Townsend explained that they are appealing the decision of the staff not to process and release the plat which was considered and approved with no condi- tions by the Planning Commission on October 22. He explained that it is the staff's opinion that this plat should 'got be processed and released because (1) the subdivision of a lot by metes and bounds without the benefit of platting, and in his opinion, is an illegal action under the City Platting Ordinance and also contrary to State Statute Article 974a, and (2) a sanitary sewer service line cannot cross a lot to serve an adjoining lot according to the City's Platting Ordinance. He explained that Dr. Tirschwell is asking the City to instruct the staff to sign and release this plat. Dr. Howard Tirschwell, agent and co-owner of the property, stated the problem had been created by the Exxon Company when they failed to plat the property and they have shown no Regular Council Meeting November 6, 1974 Page 11 • indication they want to do anything to solve the problem. He stated the purchasers were told by the City the land had to be platted and they had informed the sellers when the original contract was presented, and had been told to "either take it or leave it". He explained that when they had legal possession of the land they proceeded to have it platted; that the Planning Commission had all the facts when they approved the plat by unanimous vote which approval was based under the hardship ruling of the Charter; that they had informed the Exxon Company of the Planning Commission meeting and urged representatives to be present but had no response. Dr. Tirschwell stated this appeal is that the Council direct the City Manager to order Director of Engineering & Physical Development Lontos to sign and release the plat approved by the Planning Commission. City Manager Townsend explained that there was no dispute about the fact situtation in this case, but from the staff's view point, both parties violated the provisions of the Platting Ordinance and the fundamental fact situation is that a division of the land by metes and bounds was made with full knowledge of both parties, and he is in no position to ask the staff to condone that violation, and the staff has no authority to take any action until the issue is properly resolved and placed before the Planning Commission. Mr. John Brooke, attorney representing the appellants, stated he disagreed with City Manager Townsend's analysis of the situation, stating it was evident that the seller did not act in good faith in view of the fact that the purchaser did everything in their power to go through with the platting requirements. He stated it was his understanding of the Platting Ordinance that the offense is committed by the subdivider who does not comply with the platting process, and his client was in no position to go'hrough with the platting until he was the owner; that the purchaser was not aware that the land could not be sold then and he is not aware now. Mr. Brooke also pointed out that the person being asked to sign the plat is also an ex -officio member of the Plats Committee, and if he is not bound by the Planning Commission's decision, then he does not under- stand the procedures. Mr. Brooke stated he is not accusing Mr. Lontos of willfully doing anything wrong but is doing job under the direction of the City Manager and is convinced they are both acting in good faith, but he does not feel the Planning Commission made a mistake. He stated he has a copy of the contract which was submitted to the Exxon Company asking that as a condi- tion of the sale, Exxon have the property platted. He stated the purchaser did not avoid platting procedures as it was submitted to the Platting Committee with City staff input. He stated it was his understanding that the action of the Planning Commission is final and this issue is not a 1 w Minutes Regular Council Meeting November 6, 1974 Page 12 discretionary action of the Council; that the appeal is made with all due respects to the staff but they feel they do not have the right to refuse to sign the plat but the City's recourse should be against the Exxon Company. City Attorney Riggs stated he agreed with the City Manager that there has been a violation of the Platting Ordinance, and in defense of that ordinance stated both parties are in violation and both are subject to penalty. He further stated that under the Statute there is no prerequisite for a person to file a plat other than apply for approval of the plat and that he be able to certify his ownership. In this case there has been an illegal subidivision of the land and there are two different owners. He commented that it is immaterial to the Exxon Company because they already have their building, but the owner of the other portion of the land cannot build until he has an approved plat. He stated the appeal is properly before the Council and the Council has the power to confirm the action of the Planning Commission and direct Mr. Lontos to sign the plat in order that it may be recorded; that the City has the right to file a lawsuit against the Exxon Company, and that the appellants also have that right in a proper case. Mr. Lontos stated a representative of the Exxon Company had been in his office recently and stated he was in the process of working out details in terms of platting the property, and that ii mould appear that the fact that Exxon had sent a representative here for discussions was an indication they are in the process of working out some solution. Mr. Jack Solka, architect, stated his interest in this controversy was that he had been employed as an architect for construction of the restaurant and of course, he would be very unhappy if it did not y t built. He pointed out that whatever problems that exist regarding the sewer line would have to be resolved between both parties and it is imperative that they know how Exxon intends to plat the property. City Manager Townsend stated he did not recommend that the plat be signed until the problem has Loen resolved. Commissioner Branch stated he was not in favor of the City Manager directing Mr. Lontos to sign the plat. Mayor Pro Tem Acuff suggested that the Exxon representative (Mr. Nash) be contacted and determine exactly what Exxon plans to do. Commissioner Lozano stated that perhaps both parties should be given some more time to come to an agreement. Motion by Lozano, seconded by Ricardo Gonzalez and passed, with Branch voting "Nay" that the Exxon Company be given one week to file a plat and if the plat is not filed, the City file a lawsuit against Exxon, and the City Manager be directed to order the signing of the plat. ill • Minutes Regular Council Meeting November 6, 1974 Page 13 Dr. Tirschwell stated this action was perfectly acceptable to him. Mr. Fonville Kelly appeared and requested that he be placed on next week's agenda to speak relative to City ordinances which are unenforceable and ordinances which are not being enforced. There being no further business to come before the Council, motion by Acuff, seconded by Tom Gonzales and passed, that the Regular Council Meeting be adjourned at 7:20 p.m., November 6, 1974.