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