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.
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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)
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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.
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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
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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
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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."
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Regular Council Meeting
November 6, 1974
Page 7
ORDINANCE NO. 12351
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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
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November 6, 1974
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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
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Regular Council Meeting
November 6, 1974
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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
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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
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November 6, 1974
Page 11
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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
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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.