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HomeMy WebLinkAboutMinutes City Council - 10/13/1976/);Y, MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 13, 1976 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order in the Council Chambers of City Hall while Mayor Luby was upstairs conducting official City business. The Invocation was given by Msg. Wm. C. Kinlough of the Most Precious Blood Catholic Church. City Secretary Read called the roll and stated there was a quorum present. Motion by Sample, seconded by Lozano and passed unanimously, that the Minutes of the Special Meeting of September 28, 1976 at 7:00 p.m.; the Regular Meeting of September 29, 1976 at 2:00 p.m.; and the Special Meeting of September 29, 1976 at 3:30 p.m. be approved as submitted to the Council. Mayor Pro Tem Tipton announced Proclamations for Navy Birthday - Wednesday, October 13, 1976; Drug Abuse Prevention Week - October 17 through 23, 1976; International Toastmistress Clubs Month - October, 1976; and National Catholic Daughters of America Day - October 17, 1976. City Manager Townsend announced the recessed public hearing on closing a portion of Old Brownsville Road from Hiawatha to Morgan Avenue which was recessed last week to allow the Staff to discuss the proposal with the affected property owners on site. He explained that not all of the property owners were satisfied with the proposal; that the Staff would like for the Council to table the item for one week in order to possibly draw up another design; he added that the property owners were not notified of today's public hearing for that reason. A gentleman in the audience who is an abutting property owner said a member of the Engineering Staff called him on Monday, October 11, to notify him of the public hearing today. It was determined that there were four property owners present for the public hearing; therefore City Manager Townsend proceeded to review the matter. Minutes Regular Council Meeting October 13, 1976 Page 2 One of the property owners objected to the Staff's proposal, saying he would have to pay more taxes on property that would be of no use to him. (Mayor Luby arrived at this time.) City Manager Townsend and Director of Engineering and Phsyical Development James Lontos then explained a new plan that the Staff is considering which would add part of that triangular piece of land owned by the City on to adjacent business lots rather than residential lots. Mr. Lontos said the Staff could have the plan worked out by next week and would contact the property owners prior to placing the item back on the agenda. The property owners in the audience agreed that was acceptable. Motion by Lozano, seconded by Gill and passed unanimously, that the matter be tabled. City Manager Townsend then announced the recessed public hearing to close the deadend portions of Bennet and Pearl Streets between North Shoreline Boulevard and the water's edge located generally east of Surfside Boulevard between Breakwater and Canal Avenue on Corpus Christi Beach. He stated that the Staff recommends that• the streets not be closed because that would cut off public access to the beach and since there were no imemdiate plans for development. He also mentioned the value of property in that area. He informed the Council that those streets presently provide a natural drainage but that the issue today is simply whether it is in the public interest to close the rights-of-way; that full plans for drainage on Corpus Christi Beach would be considered at a later date. Mr. Jim Ryan, attorney for one of the applicants, Mr. Wayne Johnson, addressed his comments to the drainage situation on Corpus Christi Beach. He charged that those portionsof Bennet and Pearl Streetsare inundated most of the time. He disagreed with the City's plans to install a 54 -inch drainage conduit underneath Pearl Street, saying it would cause heavy silting and collect trash, and instead urged that the area be drained into the ship channel. He said that Mr. Johnson wants to tie his property together with Captain Clark's and put in a marina. There was much discussion regarding whether the Council wished to hear the applicants' lengthy presentation regarding drainage for Corpus Christi Beach or whether the hearing should be limited to the request as listed on the agenda, i.e. to close Minutes Regular Council Meeting October 13, 1976 Page 3 the deadend portions of Bennet and Pearl Streets. Mayor Luby and Mayor Pro Tem Tipton felt that the two subjects were closely related and should be considered together; Council Members Gill and Gulley along with the Staff strongly maintained that the Council should only hear comments pertaining to closing those streets; that drainage plans could be worked out later after a decision was reached on the street closing. After further discussion it was decided that Mr. Ryan could proceed with his case and the Staff would respond with a presentation regarding the drainage at a later date. Mr. Ryan then called Dr. Armstrong Price, who testified that trash, grass and pollutants are already collecting in that area. Council Member Gill asked Dr. Price his opinion about cutting off access to the beach; he replied he definitely believes access should be provided. Attorney Ryan then called Mrs. Bette Harris, who said she has been to that area on North Beach; that those streets are not under water (as Mr. Ryan had stated) and she does not favor closing them. She added that the area is "somewhat of a mess", but she is grateful that the City plans to do something about it. She also favored working out an alternative drainage plan for the area. Attorney Tony Pletcher, representing Captain Clark, gave the history of Captain Clark's operation of party boat fishing and sightseeing in Corpus Christi. He explained Captain Clark wants to build motel facilities, docks, piers, baithouses, etc. on that property to serve convention and tourist industries. He stressed that the drainage situation must be resolved,before his client will make a substantial investment on North Beach, and that Captain Clark's boats would not be able to go through that area if the City's present drainage plans are carried out. Applicant Wayne Johnson, 2802 North Shoreline, said he also favors draining into the ship channel. Mr. Jimmy Goldston, an engineer, also recommended extending the storm sewer into the ship channel, citing that the area is silting up now and would be very difficult to dredge. Mrs. W. B. Carter objected to the closing of the streets, claiming it would cause more flooding on her property. a LUUl11.11 VI .i...•.... _�. her service in any way possible. Mayor Luby recessed the meeting at 3:45 p.m. Mayor Pro Tem Tipton reconvened the meeting at 3:58 p.m. in the temporary absence of Mayor Luby. City Manager Townsend announced the first of three public hearings, Application #976-1, A. C. Brown, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on the northeast side of Padre Island Drive approximately 80 feet west of Carroll Lane, being Lot 24B, Block 8, Lexington Estates. He reviewed that the recommendation of the Planning Commission and Staff is that it be approved. Chief Planner Larry Wenger described the surrounding zoning and land uses. There was no one in the audience in opposition to the zoning change. Motion by Gulley, seconded by de Ases and passed unanimously, that the hearing be closed. Motion by Gulley, seconded by Tipton and passed unanimously, to approve the zoning application from "B-1" to "B-4" as recommended by the Planning Commission and Staff. City Manager Townsend informed the Council that the present restrictions for "R -1B" zoning abutting "B-4" are only a 10' setback and a standard screening fence; he asked if the zoning ordinance could be reviewed by the Planning Commission so that in instances where single-family houses abut "B-4", "B-6" or "i-2" it would be least offensive to the residences. It was the consensus of the Council that the Planning Commission address the adequacy of the ordinance regarding business zoning that abuts "R -1B" zoning, and make recommendations regarding same. City Manager Townsend next announced Application #976-2, Dr. James E. Albright, for a change of zoning from "A-2" Apartment House District to "B-4" General Business District on the east side of 25th Street, between Morgan Avenue and Buford Street, • • Minutes Regular Council Meeting October 13, 1976 Page 5 being Lot 4, Block 2, Portmoor Addition. He added that the recommendation of the Planning Commission is that it be approved; that the Staff recommends denial. Chief Planner Wenger described the surrounding zoning and land uses; he added that the Staff recommends "AB" zoning because of limitations on 25th Street. There was no opposition from the audience. Mr. Jack Solka, representing the applicant, said they wish to remove the existing apartment units and construct a three- or four-story medical office building with a restaurant and other retail facilities related to the medical profession. He said they are planning about 30,000 square feet total; that they would have more parking than required by the ordinance. He added that "AB" zoning would not allow a restaurant or the other retail businesses, so they requested "B-4". Motion by Gulley, seconded by Lozano and passed unanimously, that the hearing be closed. Motion by Gill, seconded by Gulley and passed unanimously, to accept the recommendation of the Planning Commission for "B-4". City Manager Townsend next distributed to the Council copies of the Text Amendment to the Zoning Ordinance to amend Article 19 "I-1" Limited Industrial District and Article 27A Special Conditions. He explained that the amendment would retain the existing uses allowed in the "I-1" district and also allow all uses now listed under the "I-2" Light Industrial District, subject to special conditions. He reported that the recommendation of the Planning Commission is that the text amendment be rejected in its entirety. Chief Planner Wenger explained the revisions. City Manager Townsend said that "I-1" is presently not in use in the city; that the text amendment for "I-1" would allow all uses as in "I-2", but with further restrictions to be decided by the Planning Commission. He reminded the Council that the United Savings zoning case for which the "I-1" zoning requirements were amended must be acted upon in two weeks. Motion by de Ases, seconded by Lozano and passed unanimously, that the hearing be closed. Motion by de Ases, seconded by Gill and passed unanimously, to table the matter until next week. Minutes Regular Council Meeting October 13, 1976 Page 6 The Council instructed the City Manager to bring back to them next week the proposed text amendment and another alternative that does not involve specific prior approval from the Council or the Planning Commission. Mayor Luby then called for the City Manager's Report; City Manager Townsend presented the following items, with related continents and explanations: a. Recommendation that bids be received 11:00 a.m., Tuesday, October 26, 1976 for emergency and wrecker service for City -owned vehicles for a 21 -month period. The service will cover Police vehicles on 24-hour, seven days per week basis and other City vehicles when Maintenance Services cannot respond or is not open. b. Recommendation that bids be received at 11 a.m., Tuesday, November 2, 1976 for the sale and removal of a 2 -bedroom, one story wood frame house and a 2 -room and bath wood frame apartment behind the house located at 121 Anchor Street. The property was acquired as part of the Naval Air Station safety zones land acquisition project. c. Recommendation that 10 - 50' rolls of 4" copper tubing and 205 - 60' coils of 3/4" soft copper pipe be purchased from R. J. Gallagher Company, Corpus Christi, on the basis of low bid of $7,277.33 for use by the Water and Gas Divisions. Bids were received from 7 firms. Price comparison shows a decrease of approximately 7% since July, 1975. (Bid Tab #73-76) d. Recommendation that the contract for the Corpus Christi Police Building roof improvements be awarded to L & M Metal Fabricators for $7,022. The project includes the addition of base flashing, the replacement of some expansion joints, the waterproofing of walls between roof levels, the installation of door flashing and other minor repairs in order to stop the recurring leaks of the roof. The project is included in the budget. e. Recommendation that the South Staples water line project be accepted and final payment of $133,783.40 for a total of $397,102.10 be made to Heldenfels Brothers. This project included the removal of the existing line from Autotown Drive to Weber Road and replacing with new 24" and 20" ductile iron pipe. The existing line had corroded to the point where its service- ability was questionable. In addition, concrete repair work, repairing of pavement, base failures, and a new hot -mix overlay over the entire street were included in the project limits. The contractor has completed the project in slightly over half the time allotted and should be commended about the manner which the firm coordinated the work and the manner which the traffic flow was handled during construction. f. Recommendation that Gulf Coast Testing Laboratory, Inc., be engaged to provide the necessary testing services for the Washington -Carver Area Unit II street improvement project. The services include the material testing of base and asphalt surface as well as density and concrete tests. The total cost will be $5,800 which is available from the appropriation for the contract award. g. Recommendation that parking on both sides of Ayers Street from Baldwin Blvd. to Norton Street be prohibited at all times so as to allow two lanes of travel in each direction and a center left turn lane. The Traffic Safety Advisory Board so recommends. Minutes Regular Council Meeting October 20, 1976 Page 7 Assistant City Manager Walker responded that monies for the work would have to come from unallocated bond funds; that there is already a shortage of funds to complete pending projects, and he does not feel McKinzie Road is a priority. Director of Engineering and Physical Development James Lontos added he does not believe the addition of curbs and gutters would enhance the area. There was further discussion. Councilmember Gulley asserted he does not think that area is worth the $22,000 it would cost the taxpayers to improve it. Councilmember Lozano stated he believes the existing street is in good shape. It was the consensus of the Council to concur with recommendation "k", but that the City pay for the curbs and gutters on one side. Assistant City Manager Walker explained that the Staff would come forward with an ordinance to annex that section of McKinzie Road and to provide funds for the other half which is not being annexed at this time. Ms. Carol Robinson questioned recommendation "e-1". She stated that, at 650 meals per month, the amount of bread purchased would figure out to be one loaf per elderly person per meal -- which she thought was entirely too much. Mr. Ernest Briones, Director of Planning and Urban Development, cleared up the matter by advising that 650 meals were served per day rather than per month. There were no further comments from the audience. Motion by Sample, seconded by Tipton and passed --with Luby voting No on item "n"; Gill voting No on item "n"; and Gulley voting No on item "k" --that the City Manager's Report (items "a" through "o") be approved. Assistant City Manager Walker next announced the tabled appeal of Mr. Kemp Adams. Motion by Sample, seconded by Lozano and passed unanimously, to remove the item from the table. Mr. Walker reviewed that the appeal of Mr. Adams representing Weber Square Apartments is regarding alleged damage to the apartment parking lot from erosion in Tiger Ditch adjacent to the apartments east of Weber Road. He reviewed that the appeal was heard on October 6 and tabled to allow the Staff to investigate the possibility of the apartment owner's paying for the necessary drainage pipe to correct the erosion problem and the City's installing cover over the pipe as fill becomes available. Minutes Regular Council Meeting October 13, 1976 Page 8 ORDINANCE NO. 13436 THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-255, SCHEDULE VI, DECREASE OF STATE LAW MAXIMUM SPEED, SO AS TO DECREASE THE SPEED ON ALL ROADS AND PARKING LOTS IN COLE PARK TO 15 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE 1976-77 BUDGET BY CANCELLING THE ESTIMATED REVENUE FROM MARINA FACILITIES RENTAL IN THE GENERAL FUND, BY CANCELLING GENERAL FUND APPROPRIATIONS FOR THE MARINA ACTIVITY, BY THE REVISION OF ESTIMATED REVENUES FOR THE MARINA FACILITIES FUND AND ESTABLISHING NEW APPROPRIATIONS FOR THE MARINA FACILITIES FUND. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13438 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF A. C. BROWN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 24B, BLOCK 8, LEXINGTON ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS MENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. the Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13439 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 ^.ND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF DR. JAMES E. ALBRIGHT BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 4, BLOCK 2, POORTMOOR ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT"; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Mayor Luby called for petitions or information from the audience, and Mr. John W. Bright, Sr., 721 Savage, complained of a problem with the Gas Division when he moved from 725 Savage to 721 Savage this spring. He said that a City employee took readings from both meters and said the account would be changed to his new address. Then he said he was out of town for several weeks and when he returned, the City had pulled his meter --costing $169 to have the gas turned back on, including a $15 reset charge and $5 to replace a lock which had been placed on the meter and then disappeared. He protested that he had to pay a $90 gas deposit while other neighbors only had to pay a $50 deposit and a $10 deposit. He also charged that two employees in the Gas Division were insulting and slanderous to him. Minutes Regular Council Meeting October 13, 1976 Page 9 City Manager Townsend responded that the ordinance regulating utilities states the Utility Office is responsible for determining the amount of the deposit for gas service, which in no event shall be less than two months' average bill. He explained that for a new customer, that amount is considered to be $20. He went on to state that recently the Department had set up a system whereby a deposit equal to the last two months' bills at the address would be required for any address which had been delinquent two or more times. Therefore, a person with more than two delinquencies and an address with more than two delinquencies are being generally handled in the same manner. Mr. Townsend stated he suspended that procedure when he learned of it last Friday, because of the inequity of holding a new tenant responsible for the kind of utilities and payment record of the prior tenants. Mr. Townsend asked Assistant City Manager Archie Walker to review Mr. Bright's bills with him item by item. Mr. Bright stated he feels his constitutional rights were denied because he offered to take a lie detector test or anything the City wished to prove his innocence regarding the lock on the meter, but was refused. There being no further business to come before the Council, on Motion by Gulley, seconded by Gill and passed unanimously, the Regular Council Meeting of October 13, 1976 was adjourned at 5:22 p.m.