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.
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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.