HomeMy WebLinkAboutMinutes City Council - 04/16/1975MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
April 16, 1975
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
Acting City Attorney Michael May
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order in the Council Chamber
of the City Hall.
The Invocation was given by Reverend W. S. Graham, Pastor of Bethel
Assembly of God Church.
City Secretary Bill G. Read called the roll of those in attendance.
Mayor Luby announced the issuance of proclamations relative to the
following: ROYAL RANGERS POW -WOW DAYS, April 17 through 19, 1975; CANCER CONTROL
MONTH, April, 1975; NATIONAL SECRETARIES WEEK, April 20 through April 26, 1975; and
USO WEEK, April 19 through April 25, 1975.
Mayor Luby called for the City Manager's Reports, and City Manager
Townsend presented requests and recommendations as follows:
a. That the City Code be amended to authorize the Director of Traffic
Engineering to reduce and set speed limits in•construction zones according to safe
driving conditions. Where existing speed limits are greater than 30 mph, the con-
struction speed would be set in increments of 5 mph down to not less than 30 mph
an where existing speed limits are 30 mph, the speed limit would be reduced to 25, 20,
or 15 mph. This would allow more flexible control of speed limits in construction
zones. The speed limit in construction zones is now reduced to 30 mph where the
existing speed limit is greater than 30 mph and to 15 mph where the existing speed
limit is 30 mph or less. The Traffic Safety Advisory Board so recommends.
b. That the following actions be authorized in connection with improve-
ments to Pump Stations A and B as provided for in the 1972 Bond Election:
(1) The preliminary Engineering report of Goldston Engineering
Company be accepted and the firm be authorized to prepare
final plans for installation of mechanical trash rakes at
both stations.
(2) Purchasing be authorized to receive bids May 13, 1975 for the
following parts needed for the repair of the 3 54" pumps at
Station A and the 54" and 36" pumps at Station B:
(a) One complete set of parts for 54" diameter pump
(b) Three impellers for three 54" diameter pumps
(c) Complete bowl assembly for 36" diameter pump
Minutes
Regular Council Meeting
April 16, 1975
Page 2
After receipt of the parts, Council authority will be requested to install the
parts and repair the pumps. Only a complete set of parts for one pump will initially
be purchased because a more accurate estimate of what parts will be needed to repair
the other pumps can be made after the actual condition of one pump is known.
c. That the preliminary plan for the connection of Cooper Street with
Telco Street be approved. The staff will proceed with obtaining appraisals if the plan
is approved. It provides for the connection of Cooper and Telco Streets, and channel-
ization of those two streets.
d. That the specifications for the light standards at the H.E.B. Tennis
Center be changed to allow the use of hot -dipped galvanized steel poles in lieu of
aluminum poles as originally planned and that the utility room modifications be deleted
from the contract. The changes will reduce the contract by $4,500. Galvanized steel
poles are not as expensive as aluminum poles, are stronger and thus can withstand
higher winds and have approximately the same life span. The utility room modifications
are not needed.
Motion by Acuff, seconded by Branch and passed, that the foregoing
recommendation be amended to the effect that the $4,500 saved by the substitution of
galvanized steel poles in lieu of the aluminum poles, be used for the purchase and
installation of poles for lighting the Center Court.
e. That the authority to approve the reassignment of the Tropicair
Lease formerly held by Al Krakow (reassigned to Gary Levitz, and then to Herman
Barnett), to Robert E. Jenkins, dba Tropic Aero, to be effective April 16, 1975, be
granted.
Motion by Acuff, seconded by Lozano and passed, that the City Manager's
Reports, Items "a" through "e" ("d" as amended), be accepted, and the requests and
recommendations be granted, approved and adopted as presented by City Manager Townsend.
Motion by Acuff, seconded by Branch and passed, that the Council go on
record indicating its favorable support of the $5,000,000 bond issue proposed by the
Nueces County Hospital District, which would finance a 75,000 square foot addition to
the Memorial Hospital. It was suggested that the staff communicate to the public the
support of the Council of this worthwhile project through the news media or any other
means available. City Manager Townsend stated that he had prepared a flier to be
distributed with the City employees' pay checks on Friday of this week.
Agenda
Regular Council Meeting
April 16, 1975
Page 3
Commissioner Branch, Chairman of the Executive Committee of the Council of
Governments, reported that the COG will consider at its next meeting its need for more
space and consideration of a possible move to larger quarters.
City Manager Townsend presented and discussed ordinances appearing on the
agenda.
It was the general consensus of the Council that the ordinance, passed to
its third reading closing the dead-end portion of Harrison Street, would not solve
the problem for which the request was made, and would prevent Mrs. Irene Roe from
renting a residence located at the rear of her home which rental property represents
a large part of her livelihood. Commissioner Ricardo Gonzalez stated he feels the
Council should compromise and leave the street open with a provision that it be
closed upon Mrs. Roe's death which will solve her problem and eventually solve the
problem of the applicant, Mrs. Mildred Ross. City Manager Townsend pointed out that the
Council is charged with a public safety responsibility and must make its decision on
whether or not the closing or opening would be in the public interest. He stated it
would be very difficult to tie the question of opening or closing to the affect it
would have on a private individual. He explained that the possible sale of the right-
of-way had not progressed and there had been no firm commitment that either party
wanted to bid on it.
Mr. Russell Wagner, son of the applicant, stated his mother is willing to
give a lifetime easement of 400 square feet to enable Mrs. Roe's tenants to have
acces. to the rental apartments and it had not been their intention to deprive her of
access.
Mrs. Mildred Ross and Mrs. Ida Neary, 402 Breezeway, expressed the feeling
that Mrs. Roe should not have the privilege of the street right of way when she has
enough footage on her own property to permit the access she needs to the apartments
in the rear.
Mr. Carl Duaine, surveyor, spoke on behalf of Mrs. Roe, stating it would not
be possible to provide access to the apartments from Lawnview, and if the street is
closed her tenants will be forced to walk 80 feet to get to their cars.
Mrs. Pat Duaine stated she was in agreement with the suggestion made by
Commissioner Ricardo Gonzalez. She agreed that the Council has a right to close the
street, but commented that to know what is the difference in right and wrong is more
important than what is law, and that Mrs. Roe's peace of mind had already been destroyed.
Minutes
Regular Council Meeting
April 16, 1975
Page 4
Motion by Ricardo Gonzalez, seconded by Stark and passed, that the
ordinance closing the 125 x 60' dead-end portion of Harrison Street which lies
adjacent to Lot 64, Block 608, Port Aransas Cliffs, and dead -ends against Lots 1 and 2,
Block 7, Resthaven Subdivision, read on the first two of three readings on April 2
and April 9, 1975, be and the same is hereby amended prior to its third and final
reading by amending Section 1 of said ordinance by adding the following provision
to the end thereof:
"Provided, however, Harrison Street shall remain open until there is a
change in ownership in Lot 2, Block 7, Resthaven Addition," and correcting the
subdivision reference to read "Rest Haven Addition."
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED,
BY AMENDING SECTION 21-70A, SUBSECTIONS (a) AND (b) SO AS TO PERMIT SPEED LIMITS
TO BE SET IN CONSTRUCTION ZONES ACCORDING TO SAFE DRIVING CONDITIONS, AS DETERMINED
BY THE DIRECTOR OF TRAFFIC ENGINEERING, BY PROVIDING THAT WHERE SPEED LIMITS ARE
GREATER THAN THIRTY MILES PER HOUR THAT THE SPEED MAY BE REDUCED IN INCREMENTS OF
FIVE MILES PER HOUR DOWN TO THIRTY MILES PER HOUR, AND WHERE SPEED LIMITS ARE LESS THAN
THIRTY MILES PER HOUR THAT THE SPEED MAY BE REDUCED DOWN TO FIFTEEN MILES PER HOUR
IN INCREMENTS OF FIVE MILES PER HOUR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND PROVIDING FOR PUBLICATION.
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".
ORDINANCE N0. 12602
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN AMENDMENT OF
ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND
GARY R. LEVITZ, TO ROBERT JENKINS COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION
LEASE PLOT ON CORPUS CHRISTI INTERNATIONAL AIRPORT SITE, AS SHOWN AND MORE PARTICULARLY
DESCIIBED IN THE AMENDMENT OF ASSIGNMENT AGREEMENT, AS SUBSTANTIALLY SET FORTH IN THE
COPY WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLAR-
ING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
tie following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano
and Stark, present and voting "Aye".
SECOND READING OF AN ORDINANCE ADOPTING THE SOUTHERN STANDARD BUILDING CODE, 1973
EDITION, AND THE 1974 REVISION THERETO, AS THE BUILDING CODE OF THE CITY OF CORPUS
CHRISTI; WITH CERTAIN CHANGES AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRATION AND
ENFORCEMENT; ESTABLISHING CERTAIN FEES; REPEALING CONFLICTING PORTIONS OF CHAPTERS 3, 11,
AND 15 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; MAKING VIOLATIONS A MISDEMEANOR
PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING
A SAVINGS CLAUSE.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo
Gonzalez, Lozano and Stark, present and voting "Aye".
Minutes
Regular Council Meeting
April 16, 1975
Page 5
ORDINANCE NO. 12603
THIRD READING OF AN ORDINANCE CLOSING THE 125' x 60' DEAD-END PORTION OF HARRISON
STREET WHICH LIES ADJACENT TO LOT 64, BLOCK 608, PORT ARANSAS CLIFFS, AND DEAD -ENDS
AGAINST LOTS 1 AND 2, BLOCK 7, REST HAVEN ADDITION, DEDICATED BY THE PIAT OF PORT
ARANSAS CLIFFS, RECORDED IN BOOK "A", PAGE 27, OF THE MAP OR PLAT RECORDS OF NUECES
COUNTY, TEXAS, SUBJECT TO THE RETENTION OF A 10' x 60' UTILITY EASEMENT IN THAT
PORTION OF THE RIGHT OF WAY IMMEDIATELY BEHIND LOTS 1 AND 2, BLOCK 7, REST HAVEN
ADDITION, AS SHOWN ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING
FOR SEVERABILITY.
The foregoing ordinance was read for the third time and passed finally as
amended, by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo
Gonzalez, Lozano and Stark, present and voting "Aye".
Director of Engineering and Physical Development James K. Lontos gave a
detailed description of the street improvement project in the Washington -Carver area
from a chart, pointing out those areas included in the project and also those areas
for which petitions have been submitted since the 1972 bond election. The possibility
of including portions of Tarlton, Cheyenne and Elgin Streets was discussed, and City
Manager Townsend explained that installation of utilities have alreacy begun and to
add other streets at this point would mean considerable delay, would constitute
another project as large as the one being presented, that the staff has not arranged
for financing and design, and stated it would be better to include these streets in a
separate contract. He stated there would either have to be another bond issue or use
of a substantial part of the Community Development money, and in fairness to those
people who supported the 1972 bond program, these streets should not be improved until
the current one is completed.
Mayor Luby announced the bid opening scheduled for 4 p.m. on improvements
to the following streets in the Washington -Carver area:
(1) Lawton, from Greenwood to just north of Washington Street
(2) Ada, Dixie, Kitchens & Roger from Elgin to Washington
(3) Soledad, from Greenwood to Carver
(4) Washington, from Lawton to Soledad & Blake, from Mohawk to Aztec
(5) Carver, from Lawton to Baldwin
(6) Sabinas, from Tarlton to Sonora
(7) Elgin,from Lawton to Soledad & Elgin from Tarlton to Sonora
Mr. Lontos explained that the reconstruction includes curbs, gutters, sidewalks,
storm sewers and pavement. The streets included are those in the 1972 Bond Program with
the exception of Elgin Street from Lawton to Soledad which is included for the purpose of
completing an area project. One half block of sidewalk on Baldwin at Fig Street is
also included to complete a sidewalk omitted because of right of way problems when
Baldwin was paved. The project is divided into two parts so contractors can bid either
part or the total project. The area south of Tarlton is Park "A" and north of Tarlton
Minutes
Regular Council Meeting
April 16, 1975
Page 6
is Part "B", including the Baldwin Sidewalk. Bids were received from the following
firms: Asphalt Paving & Construction Company; Heldenfels Brothers; Asphalt Maintenance
Company, Inc.; King Construction Company; and C. R. Burnett (Abacus Corporation).
The foregoing bids were tabled for 48 hours as required by the City Charter
and referred to the City Manager for tabulation and recommendation.
Mayor Luby requested that the Council take immediate action to accept the
Texas Water Development Board's recent offer to finance and complete the Choke Canyon
Dam Project which offer was made a a meeting in Austin April 15, and is proposed to
be part of the Board's new statewide financial assistance program. Mayor Luby presented
the Council with a written statement quoting portions of a telephone conversation he
had with Mr. Harry Burleigh, TWDB Executive Director, prior to this meeting, at which
time Mr. Burleigh pointed out the City's serious water situation, its approach to
another critical drought period, and the necessity to have the dam constructed as soon
as possible. The statement also quoted Mr. Burleigh as saying that the City's water
rights would not be affected, and the sale of excess water, if any, would help pay
for the dam, and the excess water would be subject to the City's instant reclaim if
the water is needed by the City. Mayor Luby stressed the importance of accepting
this offer.
City Manager Townsend reviewed the background of the dam project and expressed
some concern about exactly what the TWDB is offering. He stated if the state is simply
offering to help provide the local share as part of the proposed federally financed
project, that would be acceptable, but there could be problems if the state is offering
to build a single -purpose dam without federal participation. He also expressed concern
as to what would happen to surplus water after a state reservoir is completed in view
of Mr. Burleigh's previous statements about sending surplus water to the Rio Grande
Valley. He also emphasized that the state might not take into account the need for
periodic water releases for the benefit of area bays and estuaries as would the federal
project. He stated he would attend a meeting of the TWDB in Austin April 17 at 1:00 p.m.
at which time he expected to obtain more information and present the views of this City
Council. The Council generally agreed with Mr. Townsend's concern and apprehensions.
(Commissioners Ricardo Gonzalez and Stark departed the meeting at this
time - 4:30 p.m.)
Mr. Jon Held, developer of Tropic Heights Subdivision, appeared relative to
the discussion item on the agenda in connection with his request to reduce the platting
requirements for one -acre lots in the "RE" zoning districts in Noise Zone 2. He requested
Minutes
Regular Council Meeting
April 16, 1975
Page 7
the following exceptions: (1) that streets be constructed without curbs, gutters
and sidewalks; (2) that cul-de-sacs be extended to a maximum of 600 feet; (3) that
no sub-surface drainage be required; (4) that no sanitary sewers be extended; (5)
that no park requirement be imposed; (6) the closing of a dedicated street; and (7)
that portions of the land be rezoned to "I-2". He pointed out that this development
plan will not be substandard, and commented that if the exceptions are denied, he will
have to revert to his original preliminary plan and proceed with the density which he
already has by law.
Mr. Harlan Heitkamp, engineer, presented the plan from a model stating the
plan was designed as a residential type development with one acre minimum lots with
an attempt to address to the problem of the Navy and at the same time, balance the ,/
economy factor. He described the drainage with 24' roadway, shoulder and open swells (1�'
to drain the water into the existing witches '' He stated they are requesting
a waiver of the 5% requirement for parks because the plans provide for enough open
space; that because of the large lots, sanitary sewers are not necessary and septic
tanks could function properly.
Director of Engineering and Physical Development presented the staff's position
regarding the foregoing requests for exceptions. He explained that based on difficulty
in maintaining ditches and the desire of the citizens to have good quality streets
with curbs, gutters and sidewalks, it is his recommendation that this exception be
denied. He stated he sees no reason not to allow the exception to extend the cul-de-
sacr to 600 feet provided the developer complies with all of the provisions of the
ordinance; that the drainage in this subdivision will affect the subdivision to the
east of Tropic Heights where problems of drainage have existed in the past, therefore
he does not recommend open channels on either side of the streets. Relative to the
sanitary sewers, he pointed out that the Master Plan provides for the area south of
Mediterranean Street to be collected by a major lift station near Laguna Shores Road and
then pumped across the Tropic Isles main channels to the City's wastewater treatment
plant. He stated he does not agree with Mr. Held's statement that septic tanks could
function properly and does not recommend that he be allowed to develop these lands
without proper extension of sanitary sewers. He explained that there is no reason
to waive the park requirement because of the substantial amount of development that has
taken place in Tropic Isles, Tropic Parks, Caribbean Place and Tropic Heights without
the benefit of a neighborhood park. He stated the staff has no objection to the closing
of a dedicated street along the north boundary of Bayside Acres except where the
Minutes
Regular Council Meeting
April 16, 1975
Page 8
the street is needed to provide a loop between Holland and Matteson Street, and the
rezoning to "I-2" is a matter of a request to the Planning Commission and the Council.
Relative to the noise zones, it has been determined that this development will be
within the area which prohibits development. He explained that based on all the
factors indicated, it is his recommendation that the subdivision be allowed to develop
only if all conditions of the Platting Ordinance are met, with the exceptions noted,
and all prior commitments of Mr. Held are complied with.
Mr. Held maintained that the drainage in the proposed subdivision will be
adequate but the poor drainage in Flour Bluff Area is the City's responsibility. He
maintained that the bond money has never been spent in this area proportionately. He
pointed out that if this area is developed as single-family lots, the drainage problem
will still be there and they do not agree that it is their problem to install underground
sewers.
Mr. David May spoke in favor of the request pointing out that Me. Held should
be commended for being willing to give away some of his potential profit in trying to
work with the City and the Navy. He commented that if sewers are needed in this area,
the City should participate in the cost. He further stated that their tax dollars
in Flour Bluff have not been "well proportioned" in that part of town.
Mr. Delbert Bowen, realtor, spoke in agreement with Mr. Held's plan to decrease
the density, pointing out that the noise factor will be written into the contracts of
the purchasers, and also pointed out that it would be cheaper for the City to accept
this ?Ian than to later have to buy the lots. He stated that septic tanks are completely
satisfactory in Flour Bluff; there is a definite market for one -acre home sites; and the
park requirements should be waived because of the open space and the economy involved.
Mayor Pro Tem Acuff stated the plan appealed to him and he liked the idea of
one -acre lots. He suggested that the proposal could be accepted with restrictions that
curbs, gutters -and sidewalks will not be requested at a later time. He stated the City
should support a bond issue to purchase the land in the critical zone. He pointed out
that the issue before the Council is whether or not consideration should he ',Avon to
changing the platting ordinance to reduce the minimum lot size for large tract divisions
from 2-1/2 to 1 -acre lots and modify other various platting requirements for one -acre
lots.
It was agreed that the Council would meet at 1:00 p.m. Wednesday, April 23,
for the purpose of a discussion on amending the platting ordinance.
Minutes
Regular Council Meeting
April 16, 1975
Page 9
Mr. John Scott, chairman of Tract 16 Neighborhood Council, appeared and
requested any information available on his previous appeal to, move a building onto
City property.CCity manager Townsend reported that the building has been inspected
by the Building Division, the site is in the process of being staked, and at this
point, it is a question of Mr. Scott and his group making the necessary arrangements
to move the building.
Relative to the Texas Water Development Board's offer to finance the Choke
Canyon Dam Project, City Manager Townsend asked for guidance from the Council as to
what position should be presented at the meeting in Austin in April which he will
attend. He stated it is clear there is an area of conflict and he should be instructed
if policy is involved. He pointed out that the role of the City at the present time
is excellent with the Bureau of Reclamation. It was the general concensus of the
Council that the position of the Cityat this time is the position already approved.
There being no further business to come before the Council, motion by Acuff,
seconded by Lozano and passed, that the meeting be adjourned at 5:50 p.m., April 26,
1975.