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HomeMy WebLinkAboutMinutes City Council - 03/08/1978 - SpecialPRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING MARCH 8, 1978 3:30 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. *called the meeting to order in the Council Chamber of City Hall. City Secretary Bill G. Read stated that a quorum was present to conduct a legally constituted meeting. City Manager R. Marvin Townsend announced the public hearing on Application No. 278-3, Mr. William H. Holmes, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 11, Block D, Broadmoor Park No. 2, Second Extension, located between South Port Avenue and Sarita Street, approximately 177 feet north of the intersection of South Port Avenue and Sarita Street. Mr. Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that it would be an intrusion into a residential area. He stated that in response to the notices of the public hearing, four in favor and none in opposition had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and stated that the owners plan to construct a multi-purpose neighborhood business building which will front on South Port Avenue. Council Member Holt inquired if the owner of the adjacent property had responded to the notice of the public hearing, and City Manager Townsend replied that the owner of that property had responded favorably to the change of zoning, as did the owner of the property across Sarita Street. MICROFILMED SES 611.91e Minutes Special Council Meeting March 8, 1978 Page 2 Council Member Gill inquired about the screening fence requirement if the change of zoning is approved, and Mr. Wenger stated that the only screening fence required would be between the property next door and the subject property. No one spoke in opposition to this zoning request. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Council Member Gulley asked if it had been determined just what use the owner plans for this property, and Chief Planner Wenger replied that the owner plans to incorporate this property with an adjacent tract on which the Gulf Coast Marine Company exists in order to construct an additional structure to be used in conjunction with the marine operation. Motion by Sample that the Council accept the Planning Commission's recom- mendation and approve the change of zoning on this tract from "R -1B" to "B-4"; seconded by Diaz. Council Member Gill suggested that a special permit be considered rather than "B-4" zoning so that if the property is sold, the new owner would not be able to construct a business that would use Sarita Street for access. Council Member Sample pointed out that "B-4",zoning is already in exis- tence in the immediate area. Mayor Lozano called for the vote on the motion to approve the "B-4" zoning, and it passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill voting "Nay." City Manager Townsend announced the public hearing on Application No. 278-4, Reimco, Inc., for a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on a 0.522± acre tract of land out of Lot 8, Section 9, Bohemian Colony Lands, located at the southeast corner of Kostoryz and Holly Roads. Mr. Townsend stated that the Planning Commission and the Planning Staff both recommend approval. He further informed the Council that there was no es Re5ular Council Meeting March 8, 1978 Page 3 . c. Recommendation that the final assessment roll for Port Avenue street improvements from the Crosstown Expressway to Buford Street be adopted. The roll consists of 68 parcels totaling $160,545.18. The project was jointly constructed by the Federal and State governments and the City under the Urban Systems Program. Total cost was $774,486.33 with the Federal and State - portion being $546,813.04 and the City's, including assessments, $227,673.29. The final roll has been increased $1,911.46 from the $158,633.72 preliminary roll due to additional requests for driveway construction. d. Recommendation that the public hearing on the assessments for the water line construction in Flour Bluff Road and Yorktown Boulevard be closed and the assessment roll be adopted. The preliminary roll has been revised to change parcel No. 8 from $9,062.40 to $5,890.56, because a portion of the land has been determined to be unusable because of a deep pit. Total assessments are $19,625.76 on 8 parcels. The project will be constructed by the City's Water Division. The total project cost is estimated to be $39,474.23. e. Recommendation that the State Department of Highways and Public Transportation's Minute Order, regarding paving South Staples Street from Carroll Lane to Annapolis Drive, and adding the street to the Urban System's program be accepted. The estimated project cost is $231,000 with the City's estimated share of $6,800. South Staples Street from Weber to Carroll Lane is being overlaid as part of the South Staples Street water main replacement. Money was not available at the time of contract award to overlay that portion from Carroll Lane to Annapolis. The City's participation is the estimated cost of adjusting manholes and repairing base failures. f. Recommendation that the action taken on February 22, 1978 to grant revocable easements for a pipeline to South Texas Pipeline be amended to add a 10' wide easement along McKenzie at the Turkey Creek drainage ditch near the intersection of McKenzie and North Harrington. The easement will be used by Champlin Petroleum Company for a pipeline from their new plant under construction to Houston. g• Recommendation that Callins, Haggard & Associates be engaged to provide consultant engineering servicesfor improvements to the City Hall Annex. Planned improvements include installation of air conditioning, improved'lighting, and electrical wiring and an exit and fire alarm system. The engineering fee will be 127 of the construction cost, now estimated to be $66,000, which will include the $1,430 already paid for prliminary work. h. Recommendation that the monument in Cole Park honoring Beneto Juarez and Abraham Lincoln be dedicated at 1:15 p.m. on Wednesday, March 22, 1978, as a part of the community's Holy Week activities. Council Member Gill inquired if any officials from Juarez, Mexico will be invited to this dedication. City Manager Townsend replied that such an invitation might present a prob- lem, since invited officials from Mexico might expect more entertainment than a simple, ribbon -cutting ceremony. Minutes Regular Council Meeting March 8, 1978 Page 4 In regard to Item "g", Council Member Sample inquired if the funds allo- cated for the air-conditioning improvements included architectural work. City Manager Townsend stated that the architectural firm of Cotten and Landreth has been employed on an hourly basis.because the architectural work that was required was very minor. Mayor Lozano called for comments from the audience on the City Manager's Reports, and there was no response. Motion by Diaz that the City Manager's Reports, Items "a" through "h", be accepted; seconded by Sample; and passed unanimously. City Manager Townsend announced the tabled matter concerning the second reading of the ordinance amending the rotating wrecker ordinance to increase maximum fees allowed for towing and storing disabled vehicles by auto wrecker companies upon request by the Police Department and making certain other amend- ments to the ordinance. Mr. Townsend presented to the Council copies of a memorandum prepared as a result of the meeting between Chief Bill Banner and Commander W. J. Smith of the Police Department; Mr. Tom Basile, Administrative Assistant; Mr. Charles Cromwell, Attorney representing the Corpus Christi Wrecker Association; and Mr. Randy Culpepper, owner of a wrecker service. City Manager Townsend briefly explained the matters discussed and stated that it was recommended that the fee be increased by $10.00 for each hour that the wrecker is on'the scene of the accident and that the companies be allowed to charge a storage fee of $2.00 for vehicles of one ton and $5.00 for vehicles over one ton'.. Council Members Gill and Gulley suggested that in the future, the staff meet with affected parties on matters such as this before presenting to the Council. City Manager Townsend stated that Mr. Basile had met with Mr. Charles Cromwell prior to presentation to the Council, but apparently, there were some wrecker companies not represented by Mr. Cromwell. City Manager Townsend briefly explained the ordinances on the agenda. Mayor Lozano called for comments from the Council on the ordinances. Minutes Special Council Meeting March 8, 1978 Page 5 Dwelling District to "B-1" Neighborhood Business District on Lot 19-B, Block 3, Gardendale Subdivision, located on the north side of Cain Drive, approximately 100 feet east of Everhart Road. Mr. Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that this would be an intrusion into a residential area; would have an adverse effect on residential lots across Cain Drive; and if the restaurant owner does not purchase the property, the only access would be from Cain Drive. City Manager Townsend also stated that in response to the notices of the public hearing, five in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; described the area in the surrounding area; showed slides of the area; and stated that another application for the property across the street requesting "B-1" zoning is being processed at this time. City Manager Townsend expressed concern that if the property is not sold to the Taco Bell Restaurant for parking, it is possible that it could be sold to another owner who would operate another business facing on Cain Drive, rather than Everhart. He suggested that if the zoning change is approved, the Council might specify that a separate business could not be built facing Cain Drive. No one spoke in opposition to this zoning application. Speaking on this application was the applicant, Mr. Ralph Cobb, Trustee, 5333 Everhart. Mr. Cobb explained that he is a co-owner of this property with Mr. Wayne Lundquist, Jr.; that he had been before the Council some time ago at which time the "B-1" zoning was denied, whereas, the "B-1" zoning was approved for another request in the area; and they are now requesting the change of zoning to provide adequate parking facilities for Taco Bell. He also pointed out that "B-1" zoning for this tract would be a logical extension of the existing business zoning. Mr. Cobb also pointed out that the owners within 200 feet of this tract are in favor of this change of zoning, and there has never been any opposition to the "B-1" zoning. Minutes Special Council Meeting March 8, 1978 Page 6 Mr. Cobb assured the Council that a screening fence would be installed between this property and the residence on the adjacent property. He requested that the Council consider the fact that adequate parking is needed for Taco Bell; that this would be a logical extension of the business zoning; and asked that they be shown the same consideration on zoning as has been granted on other property in the area. Council Member Gill questioned Mr. Cobb about the specification that the property be platted as a part of the Taco Bell property. Mr. Tim Clower, agent for the application, stated that there would be no problem in platting the property as a part of the Taco Bell property. He assured the Council that a plat will be submitted to the City platting the Taco Bell pro- perty with the property under discussion. Motion by Gulley that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Gulley that the Council concur with the Planning Commission's recommendation and the zoning on this tract of land be changed from "R -1B" to "B-1", subject to the owner's agreement to replat the two lots as one piece of property; seconded by Sample; and passed unanimously. City Manager Townsend presented the ordinances effectuating the zoning changes approved during the preceding public hearings. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE N0. 14221: 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 N0. 6106, AS AMENDED, UPON APPLICATION OF MR. WILLIAM H. HOIMES, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 11, BLOCK D, BROADMOOR PARK NO. 2, SECOND EXTENSION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting March 8, 1978 Page 7 The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14217: ADOPTING MINUTE ORDER 73961 OF THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PERTAINING TO JOINT CONSTRUCTION OF STREET IMPROVEMENTS ON SOUTH STAPLES STREET FROM CARROLL LANE TO ANNAPOLIS DRIVE IN THE CITY OF CORPUS CHRISTI BY THE CITY AND STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; ADDING THIS PROJECT TO THE LIST OF STREETS TO BE INCLUDED IN THE URBAN SYSTEM PROGRAM AND RENUMBERING THE LIST OF STREETS FROM 16 TO 17; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye!. ORDINANCE NO. 14218: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CALLINS, HAGGARD & ASSOCIATES FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR ELECTRICAL RENOVATION OF THE CITY HALL ANNEX, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE N0. 14219: GRANTING A 10 -FOOT WIDE REVOCABLE EASEMENT TO SOUTH TEXAS PIPELINE COMPANY ALONG THE CITY -OWNED PROPERTY AT MCKENZIE ROAD AND TURKEY CREEK DRAINAGE DITCH, ALL AS MORE . FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano,' Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14220: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SYSTEMS MARKETING, INC., OF PHOENIX, ARIZONA, FOR THE LEASE PURCHASE OF ADDITIONAL PERIPHERAL EQUIPMENT FOR THE COMPUTER IN THE DATA PROCESSING DEPARTMENT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUSBSTANTLAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE CONTRACT AFORESAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". * City Manager Townsend informed the Council that he had placed in their folders a memorandum in regard to the employee placed in the upgraded position in the Permit Section of the Building Division, as requested by former Mayor Pro Tem Eduardo E. de Ases. * * * * * * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting March 8, 1978 Page 8 Mr. Marcell Bellfield, Coach of the Star Basketball Team, appeared before the Council and informed the Council that his team had won the Corpus Christi champ- ionship which makes them eligible to represent Corpus Christi in the State tourna- ment in El Paso. Mr. Bellfield stated that the team would require $1,800 for expenses for the trip and inquired if the Council might be able to assist them, indicating that they still require $800 in order to have funds for the expenses for 15 players. Council Member Diaz informed Mr. Bellfield that he would volunteer to spon- sor Mr. Kenneth Robechal, a member of the team who accompanied Mr'. Bellfield, and several other Council Members donated funds to assist the team. City Manager Townsend stated that the City has no funds for this purpose, but indicated that he would check with Park and Recreation Department to ascertain if any funds were available in their budget. Speaking on another matter was Mrs. Betty Brandesky, 4017 Cork Street, who • stated that she was appearing on behalf of Mr. Louis F. Stasny, who owns property on Kostoryz Road. Mrs. Brandesky related the difficulties Mr. Stasny has exper- ienced in regard to water service and sewer connections. City Manager Townsend explained that the ordinance covering sewer con- nections specifies that sewer connections may be made to a line at a charge of $2.00 per linear foot the first six months that service is available, and after that period, the fee is increased to $5.00. Mrs. Brandesky stated that the 10 -inch water line has been laid down Kostoryz to Mr. Stasny's property, but there is a break between the 10 -inch line and the 2 -inch line. City Manager Townsend inquired as to how Mr. Stasny had acquired the pro- perty, and Mrs. Brandesky informed him that Mr. Stasny had sold a large portion of the property to United Savings Association and retained the property on•which the house is located. Mr. Townsend informed her that this was an illegal sale because the property was not platted. He further stated that this is the reason Mr. Stasny had encountered the problems. Mrs. Brandesky contended•that the City should have done something to assist Mr. Stasny. City Manager Townsend pointed out that the City would not be