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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.