Loading...
HomeMy WebLinkAboutMinutes City Council - 01/29/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 29, 1969 2:00 P.M. PRESENT: Mayor Jack R. Blackmon *Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by The Reverend Ted Leonard, Pastor of Grace Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Jimenez, seconded by Lozano and passed, that the absence of Com- missioner Roberts be excused for cause. Members of the Student Council of the Tuloso-Midway Senior High School were recognized, and Certificates of Attendance were presented to Kenny Smith, Tom Stark, Rudy Tschoerner, Gwynetta Alston, Willie Jenkins, and Alan Cunningham. The students were accompanied by their sponsor, Mr. Ed Rawlinson, Mayor Blackmon read and presented proclamations relative to the following: CHILDREN'S DENTAL HEALTH WEEK, February 2, through February 8, urging all citizens and community organizations to join in the observance in the interest of the good health habits of our children, received by Dr. Donald Hanna; JAYCEE WEEK, January 27, through January 31, in recognition of the founding of this organization and its future services to the community, received by Mr. Kenny Reagan and Mr. George Aboud, Jr.; NATIONAL CLERGY WEEK, February 2, through February 8, urging each citizen to pay homage to the minister of his choice during this week, received by Coley Baker, President of Civitan Club, and Joe Moreno. Mr. Wilkinson, local Veteran of Foreign Wars Chaplain, appeared and introduced American Mr. Bill Tullis, National Deputy Chief of Staff of the Disabled/Veterans, who spoke briefly of the organization's achievements and current endeavors, and requested the Council's cooper- ation in the Disabled American Veteran's "Support your Police Officers Program." • Minutes Regular Council Meeting January 29, 1969 Page 2 Mayor Blackmon expressed appreciation for this project and stated that the Council shares their sentiments, commended our local Police Department, and pledged the cooperation of the Council and City Staff. Mayor Blackmon recognized the presence of former City Commissioner,Mr. Barney Cott, presently visiting in the City. Bids were opened and read for the construction of Interceptor Sewer Lines 31A and 31B, from the following firms: Heldenfels Brothers and T. H. Lee Construction Company. 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 Blackmon announced the public hearing for the closing of the dedicated street located on the East end of Block 7, Flour Bluff Estates #2, known as Jane Street. City Manager Townsend stated that the applicant could not be present for the hearing because of the death of his father; that he would recommend that the hearing be held in deference to those who had come for that purpose, but that it be recessed rather than closed in respect to the applicant. He presented the proposal and stated that the application was in error, since the plat of the adjacent subdivision, Flour Bluff Estates, does not provide for this street to go completely through from Claridge to Lakeside Drive. He stated that the applicant had complied with all filing requirements for street closings; that the request had been circulated to the affected City Departments; that the Public Utilities Department reported that the City has a water and gas main located on the east end of Block 7, and recommended that a utility easement be provided for these utilities; that the Fire Department interposed no objection; that the Traffic Engineer recommended denial for the reason that to close this street would throw all traffic desiring to go to the east into N.A.S. Drive and Waldron Road, and that with ARADMAC and Navy expansions, these roadways are becoming more congested; that the Public Works Department offered no objection, but pointed out that good planning may require that the Street should be opened to Lakeside to provide circulation of traffic; and that the Planning Department recommended that the closing of the street not be approved because Flour Bluff Estates #2 needs some type of street connection into Unit #1 for better traffic circulation between the two units. Mr. Townsend stated that he concurred in the recommendations of the Staff that the street not be closed. • Minutes Regular Council Meeting January 29, 1969 Page 3 Mrs. L, J, Kepp, 401 Claridge, appeared and stated the subject street adjoins her property, that she had consulted with her title company, and was informed that the street does go clear through from Claridge to Lakeside Street. She stated she had main- tained the area for the benefit of Navy personnel, and that the zoning map shows that the street does exist. She stated she is not sure if she is opposed to the closing, but thinks she would rather not have it closed; that she is interested to know why the street goes through her property and then stops, and would like to know what happened to the remainder of the street. Mr. M. L. McManus spoke on behalf of the applicant; presented a map of Flour Bluff Estates, and pointed out an error in the original application. He stated that this is an old well-established neighborhood and that in the past 27 years, the street has been of no use; that there is a problem of high weeds which increases the mosquito problem; that he believes if the street were closed, more development would be attracted; would be taxable property instead of a detriment to the City, and would be an asset to the area. Mr. Dave Coover spoke on behalf of Drs. Williams and House,.: stating that his clients own the property at the most easterly end of the Street, and that they are opposed to the closing of the street. Mr. Coover stated he believes he can get a contribution from his clients to acquire the property to open the street through to Lakeside, and pointed out that the area needs additional streets instead of closing the ones which exist. *(Mayor Pro Tem Sizemore arrived at the meeting - 2:45 p,m.) No one else appeared in favor or in opposition to the request. Mayor Blackmon stated that in deference to the applicant, the hearing would be recessed until next week, and in the meantime, he would ask the Staff for a briefing as to the status of the other half of the street. He invited those presented today to return next week, but stated that the same points will not be re -opened for discussion. Mayor Blackmon called for the City Manager's Reports. Motion by McDaniel, seconded by Jimenez and passed, with Sizemore voting "Nay" on Item "I", that the City Manager's Reports, Items. "a" through "p", be accepted, andthat the requests and recommendations be granted and approved as follows: • Minutes Regular Council Meeting January 29, 1969 Page 4 a. That the date of February 19, 1969, Regular Council Meeting, 2:00 p.m. be set for public hearing on zoning applications of Dr. Calvin Wallace and Humble Oil and Refining Company; b. That the Suntide Pipeline Company be granted a franchise to construct and operate an 8" pipe line from the City Limits near Rand Morgan Road to I.H. 37; c. That the City Manager be authorized to execute a contract with Central Power and Light Company for traffic lights, which will incorporate the latest approved rate schedules, replacing a 1956 contract, and will provide for additions and deletions as requested by the City; d. That the date of February 26, 1969, 3:00 p.m. , Regular Council Meeting, be set for assessment hearing for the improvement of Highland -Osage, Port and Morgan, and various sidewalk .improvements; e. That the Engineering Firm of Reagan & McCaughan be employed to provide staking and inspection services on the Interceptor Sewer 34A, Section II, at an estimated cost of $7,710, the actual fee being determined by the terms of the 1963 engineering contract for this project; f. That the authority to acquire Parcel No. 2, being a 20 -foot sewer easement from Hilltop Drive to Violet Road, involiing 21,174 square feet, from owners, Mr. and Mrs. O. C. Howard, for $550.00, for Hilltop Main, Lines 31A and 31B, be granted; g. That the authority to execute a contract with Country Club Estates, No. 6, for six 2500 lumen lights, be granted, the owners having submitted a check for $486.00 representing 36 months operating expenses, and will be refunded at $13.50 per month for any months of the 36 after the subdivision is 50% developed; h. That the award of contract for installation of the Electrical Distribution System for the Marina, be made to Scott Electric Company on the basis of low bid meeting specifications, and that an appropriation in the amount of $39,500 to cover cost, be approved; Minutes Regular Council Meeting January 29, 1969 Page 5 i. That the proposal of the Marina Board that a firm be employed to review the present rate structure for slip rentals and leases at the Marina to determine their adequacy and fairness, be approved, and that the firm of Peat, Marwick, Mitchell and Company be employed at a cost not exceeding $4500 for this service; j. That an appropriation in the amount of $315.00 for acquisition of Parcel No. 2, from owner, Raymond R. Smith, and an appropriation in the amount of $315.00 for acquisition owner of Parcel No, 3, frony'Willie Bezdek, both parcels for temporary roadway easements to reroute traffic to and from the Naval Air Station during construction of Ocean Drive - Alameda Junction, be authorized; k. That an ordinance, making the use of drugs, other than that prescribed by a licensed physician, affecting the physical and mental faculties, a misdemeanor and subject to prosecution, be approved; I. That the authority to advertise for bids to be received February 11, 1969, for 60 well points and a 6 -inch diesel powered well point pump for the Sewer Division, be granted; m. That contracts with Maxwell P. Dunne Funeral Service, Clifford Jackson Funeral Homes, Ross Langham Mortuary, Custom Ambulance Service, and Gonzalez -Cantu Funeral Home, for ambulance service, be authorized, and that an appropriation in the amount of $14,000 from General Fund to cover cost, be approved; n. That the City Limits in Nueces Bay be marked and the Park and Wild Life Department of the State of Texas be advised by the City Manager that the City has marked the City Limits line in both Corpus Christi and Nueces Bays, and requests the State to enforce the laws regarding netting in all the waters of the City of Corpus Christi inside the marked City Limits; o. That the City advise the Texas Water Quality Board that it does not concur in the requested five months extension to the Commission's order that dumping refinery wastes on the Ballard property be terminated by February 1, 1969. It is recommended that the City concur in the minimum extension necessary for construction of replacement of temporary facilities in some area other than the Water Shed providing potable water for Corpus. Christi; • • Minutes Regular Council Meeting January 29, 1969 Page 6 p. That plans and specifications for two lift stations, force main and sewage treatment plant, for South Gate area of Flour Bluff be given preliminary approval and authority be granted to submit plans and specifications to the various State and Federal Agencies for approval . City Manager Townsend presented the pending item of Zoning Application 968-6, Corpus Christi Area Teachers' Credit Union, for change of zoning from "R -1B" One - family Dwelling District to "AB" Professional Office District, on Lot 2, Dellwood Addition, Unit 3, on which a public hearing was held September 30, 1968. Mr. Townsend explained that on October 9, 1968, the Council denied the request, but in lieu thereof, granted a Special Permit for the purposesapplied for, subject to a site plan approved by the Planning Staff, with access limited to Olsen Drive; that these conditions have been complied with, and that it is his recommendation that an ordinance be brought forward effectuating the Special Permit. The Council approved the recommendation. ORDINANCE NO. 9211 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADOPTING A NEW SECTION, DESIGNATED AS SECTION 23-43, ENTITLED "USE OF DRUGS AFFECTING PHYSICAL AND MENTAL FACULTIES" 50 AS TO MAKE IT AN OFFENSE TO USE DRUGS OTHER THAN NARCOTICS; PROV.IDIt% .A PENALTY; PROVIDING FOR PUBLICATION; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon,Sizemore, Bradley, Lozano, Jimenez, and McDaniel, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9212 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, A CONTRACT WITH EACH AMBULANCE SERVICE OPERATOR DESIRING TO ENTER INTO EMERGENCY SERVICE AMBULANCE OPERATION WITH THE CITY, SAID CONTRACT TO BE SUBSTANTIALLY IN THE FORM ATTACHED HERETO AND MADE A PART HEREOF; AMENDING THE BUDGET 50 AS TO APPROPRIATE AND REAPPROPRIATE $14,000 FROM THE GENERAL FUND FOR PAYMENT IN ACCORDANCE WITH THE AFORESAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent. Minutes Regular Council Meeting January 29, 1969 Page 7 • ORDINANCE NO. 9213 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH SCOTT ELECTRIC COMPANY FOR INSTALLATION OF AN ELECTRICAL DISTRIBUTION SYSTEM FOR THE "T" AND PL" HEADS AT CORPUS CHRISTI.MARINA; APPROPRIATING AND REAPPRO- PRIATING OUT OF NO. 102 GENERAL FUND, CURRENTLY BUDGETED IN MARINA ACTIVITY NO. 4151, CODE 502, THE SUM OF $39,500 FOR THE CONSTRUCTION CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts. was absent. ORDINANCE NO. 9214 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $315 FOR ACQUISITION OF PARCEL NO. 3, FOR A TEMPORARY ROADWAY EASEMENT IN ORDER TO REROUTE TRAFFIC TO AND FROM THE CORPUS CHRISTI NAVAL AIR STATION DURING CONSTRUCTION OF THE OCEAN DRIVE-ALAMEDA JUNCTION, APPLICABLE TO PROJECT NO. 220-67-97 OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE THE AFORESAID PARCEL FOR TEMPORARY EASEMENT PURPOSES FROM THE OWNER, WILLIE BEZDEK, BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9215 APPROPRIATING OUT OF NO, 220 STREET BOND FUND THE SUM OF $315.00 FOR ACQUISITION OF PARCEL NO. 2 FORA TEMPORARY ROADWAY EASEMENT IN ORDER TO REROUTE TRAFFIC TO AND FROM THE CORPUS CHRISTI NAVAL AIR STATION DURING CONSTRUCTION OF THE OCEAN DRIVE - ALAMEDA JUNCTION, APPLICABLE TO PROJECT NO. 220-67-97 OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE THE AFORESAID PARCEL FOR TEMPORARY EASEMENT PURPOSES FROM THE OWNER RAYMOND R. SMITH, BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent. • Minutes Regular Council Meeting January 29, 1969 Page 8 ORDINANCE NO. 9216 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE WITH SARATOGA LAND COMPANY, INC., A CONTRACT PROVIDING THAT THE CITY OF CORPUS CHRISTI WILL BE RESPONSIBLE FOR STREET LIGHT BILLINGS TO THE EXTENT OF $486.00 ON SIX (6) 2,500 LUMEN RESIDENTIAL STREET LIGHTS TO BE INSTALLED ON ORNAMENTAL POLES IN COUNTRY CLUB ESTATES, UNIT 6, UPON PAYMENT TO THE CITY OF $486.00 BY SARATOGA LAND COMPANY, INC., A COPY OF WHICH AGREEMENT 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: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9217 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $550.00 FOR ACQUISITION OF PARCEL NO. 2 HILLTOP MAIN, LINE 31-A, APPLICABLE TO PROJECT NO. 250-64-36.9; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE THE AFORESAID PARCEL FROM THE OWNERS, O.C. HOWARD AND WIFE, FRANCES HOWARD, B. G. HOWARD AND O. C. HOWARD, JR., BY PROPER CON- VEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent, ORDINANCE NO. 9218 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENTS OF THAT PORTION OF THE FOLLOWING NAMED STREETS: 1, Osage Street from Chippewa to Highland Avenue 2. Highland Avenue from Osage Street to Port Avenue 3. Port Avenue and Morgan Street Intersection; AND THE FOLLOWINGS MISCELLANEOUS SIDEWALK IMPROVEMENTS: 1. McMullen Road from Navigation Boulevard to West Oso School 2. Navigation Boulevard from McMullen Road to Molina 3. Cliff Maus from Culver to McMullen Road; AND DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON FEBRUARY 26, 1969, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting January 29, 1969 Page 9 The Charter Rule was suspended and the following ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9219 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN ELECTRIC SERVICE CONTRACT WITH CENTRAL POWER AND LIGHT COMPANY FOR THE O>QERATION OF SINGLE PHASE SERVICE FOR FLASHER TYPE SIGNALS, STOP AND GO TYPE SIGNALS AND SIGN LIGHTING FIXTURES,WITHIN THE CITY OF CORPUS. CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF FIVE YEARS, COMMENCING ON JANUARY 20, 1969, ALL AS MORE FULLY SET FORTH IN THE ELECTRIC SERVICE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9220 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD 1N 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 THE CORPUS CHRISTI AREA TEACHERS' CREDIT UNION, BY GRANTING A SPECIAL COUNCIL PERMIT FOR EXPANSION OF THE PRESENT BUILDING WITH ADDITIONAL PARKING SPACE, AND ACCESS LIMITED TO OLSEN DRIVE, ON LOT 2, DELLWOOD ADDITION, UNIT 3, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; 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 following ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Blackmon disqualified himself; Roberts was absent. FIRST READING OF AN ORDINANCE GRANTING TO SUNTIDE PIPE LINE COMPANY A FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIRIAND REMOVE AN 8" OIL PIPELINE EXTENDING FROM A POINT ON THE NORTH BOUNDARY LINE OF INTER- STATE 37 TO THE WEST BOUNDARY LINE OF COUNTY ROAD 53A AND EXTENDING SOUTH ALONG A LINE PARALLEL TO AND WEST OF SAID PUBLIC ROAD TO A POINT APPROXIMATELY 255 FEET NORTH OF THE NORTH BOUNDARY OF STATE HIGHWAY 9, THEN EXTENDING IN A SOUTHWESTERLY LINE ACROSS HIGHWAY 9 IN THE 8500 BLOCK, ACROSS COUNTY ROAD 55 (CLARKWOOD ROAD) IN THE 1600 BLOCK, ACROSS CAROLINE ROAD IN THE MCNORTON SUBDIVISION #3, ACROSS AN UNNAMED COUNTY ROAD IN THE 8900 BLOCK THEREOF, ACROSS AN UNNAMED COUNTY ROAD EXTENDING NORTH AND SOUTH THROUGH THE J. W. STEVENS TRACT AND CROSSING FM ROAD 229 (RAND MORGAN ROAD) IN THE 800 BLOCK OF SAID ROAD AND CONTINUING • Minutes Regular Council Meeting January 29, 1969 Page 10 IN A STRAIGHT LINE TO THE SOUTHWEST. CITY LIMITS TO THE EXTENT THAT SAID ROADS, STREETS AND HIGHWAYS WHICH NOW EXIST ACROSS SAID PIPELINE ARE TRAVERSED BY THE SAID PIPELINE RIGHT OF WAY DESCRIBED IN THIS ORDINANCE, AND TO USE SO MUCH OF THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY THERETO, NOT EXTENDING MORE THAN FIVE (5') FEET ON EACH SIDE OF THE CENTERLINE OF SAID PIPELINE; PROVIDING CERTAIN CONDITIONS ON THE USE OF SAID STREETS; PROVIDING THAT SAID FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE; PROVIDING FOR FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent, ORDINANCE NO. 9221 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT THE RELEASE OF CLAIM FOR DAMAGES OF GEORGE TAYLOR AND WIFE, FAYE TAYLOR, CONCERNING IMPROVEMENTS IN THE 80 -FOOT RIGHT OF WAY OF OCEAN DRIVE ABUTTING LOTS 25 THROUGH 32, INCLUSIVE, OF BLOCK 15, PORT ARANSAS CLIFFS ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH RELEASE IS ATTACHED HERETO AND MADE A PART HEREOF; APPRO- PRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $4,700.00 IN PAYMENT OF THE AFORESAID CLAIM, APPLICABLE TO OCEAN DRIVE IMPROVEMENTS, CRAIG TO ALAMEDA, PROJECT NO. 220-67-97; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Roberts was absent. Following a brief recess, Mayor Blackmon called the meeting to order and announced the Council would now hold the scheduled public hearings on four zoning applications, and explained the procedure to be followed. City Manager Townsend presented Application 01268,5, Dr. N. H. Morgan, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on the South 11 feet of Lot 35, and all of Lots 36, 37, 38, and 39, Block 812, Port Aransas Cliffs, and explained that a hearing on this same property was held February 5, 1968, and a Special Permit was granted subject to a proper site plan to be approved by the Zoning and Planning Staff, but that the applicant did not file a site plan and indicated they no longer wished to pursue the project, and the Council subsequently denied the request October 16, 1968. • Minutes Regular Council Meeting January 29, 1969 Page 11 Mr. Paul Hamon, Realtor, appeared and spoke on behalf of the applicant and stated that the applicant had allowed his application to lapse because he was no longer interested in pursuing the apartment project, but stated that now "AB" zoning is sought as the most logical use for this property; that he has a prospective purchaser of the property who proposes to construct a modern, attractive building to house an insurance agency and an attorney's office. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #1268-5, Dr. N. H. Morgan, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on the South 11 feet of Lot 35, and all of Lots 36, 37, 38. and 39, Block 812, Port Aransas Cliffs, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #1268-6, Seabrook Development Company, and the City of Corpus Christi, for change of aeging from "R-411" One -family Dwelling District to "A-1'' Apartment House District and "B-1" Neighborhood Business District, on a 11 .5 -acre portion of Tract 15-D, Paisley Subdivision, located West of Crosstown Expressway between McArdle and Mansheim in the 2100 Block of McArdle. Senior City Planner Larry Wenger, located the property on the map; described the zoning and land use of the surrounding area, and pointed out on the map the property owners who were opposed to the request. He stated that at the Commission hearing held December 17, 1968, it was explained how the City was involved in the application, that the City's sole interest in the request was the land exchange for a park, stating that the land now owned by the City marked for park development, has been reduced in size because of the Expressway; that the City is interested in moving this park to a more advantageous location in this same neighborhood, and that an agreement had been reached between the City and the owner of this property, Mr. Connor, to relocate the park on the corner of Mansheim Drive and Orchid Lane away from the expressway where it is hazardous for children who would use it. Mr. Wenger • Minutes Regular Council Meeting January 29, 1969 Page 12 stated that several persons had appeared at the hearing in opposition, and that a petition containing some 100 signatures of residents of Inwood Village had been presented by Mr. Noe Gonzales, setting out eight reasons for the opposition. He reported that the Staff had mailed out 50 notices, none received in favor, seven in opposition, and three notices of opposition were received the day after the hearing; that it was the recommendation of the Planning Commission that the request be denied, and that the Staff had recommended approval. Mr. Franklin D. Smith, attorney representing the applicant, stated that the land exchange for the park area depended upon the change of zoning; that since the first application, the Federal Housing Administration has organized a new program; that the original plan was to develop the project as a 221-D3 rent supplement project, but that the developers have abandoned that program and for what they feel is a much better program, known as 236 Program. He stated that the 236 Program permits a much higher and more expensive type of development such as airconditioned units and carpeting; stated that they do not consider this plan as low-cost housing, since the average construction cost per unit is $12,500 and comparable to the projects on the South side of the City. He pointed out that the Harland -Bartholomew Report recommended that this land be used for high density residential; that the land has access to all the utilities needed for high density residential, that there are adequate schools; adequate drainage, and sufficient parking spaces, approximately 273 spaces for the 166 units. Others appearing and speaking in favor of the requested zoning change were Mr. Connor, Co-owner, stating that the program will be restricted to the 236 Program, rather than the 221-D3 rent supplement program; Mr. Jim Fleming, Givens Realty Company, 403 N. Shoreline, stated he had no personal interest in the proposed project, but it is his opinion that it is the best and highest use of the land; Mr. Morgan Spears, architect, 1122 Santa Fe; Ian Naismith, 4610 South Padre Island Drive, stated he has a large number of persons on his payroll living in the area who would be glad to see the project completed; Mr. Jim Grigsby, Engineer, 1401 Holly Road; and persons living at 2118 Karen, 1621 Harriet, and 1626 Eastland, spoke in favor. • Minutes Regular Council Meeting January 29, 1969 Page 13 Mayor Blackmon asked that it be noted that a number of those speaking in favor of the application do not live within the notification area. Mr. Daniel Yanez, 4738 Bluebelle,spoke in opposition, pointing out that the City had owned the subject park land for ten years and had not seen fit to develop it; stated the land they propose to exchange is a choice piece of land, and should be developed for homes; that he does not want density and cited Molina area as an example. He stated that he is opposed to the change because the density would crowd the schools and congest traffic. Mr. Noe Gonzales, 4514 Bluebelle, presented a petition of opposition signed by 100 residents of Inwood Village, which was earlier mentioned by Mr. Wenger, which named eight reasons for opposition, (1) overcrowd the schools; (2) no park and recreational facilities; (3) traffic congestion; (4) encroachment in a single-family residential area; (5) attract people who are traditionally not civic minded; (6) increase in crime because of density; (7) such projects such as Lulac Village and Cliff Maus Village should take care of demands for this type housing; and (8) the project would have other adverse consequences which at this time we are unable to forsee. Mayor Blackmon asked Mr. Gonzales to explain what adverse consequences were anticipated, and Mr. Gonzales stated the adverse consequences were general. Others appearing in opposition were Joe Cisneros, 4510 Bluebelle; Nemesio Gonzales, 4505 Orchid; Richard Barrera, 4833 Orchid Lane; Mrs. Fidel J. Perez, Jr., 4817 Orchid Lane, all concurring with the reasons stated in the petition read by Mr. Gonzales. Mr. W. H. Stahl also stated he was opposed to the zoning change and filed his written statement with the Council and City Secretary. Mr. Franklin Smith, stated he was confused about the statistics relative to the school situation, stating that he had discussed this proposal with school officials and has been advised that the schools are adequate, and that he does not feel the City's program for development of parks is pertinent to this issue. Motion by Lozano, seconded by Bradley and passed that the hearing be closed. Motion by McDaniel, seconded by Sizemore, with Lozano, Bradley and Jimenez, voting "Nay' that the matter be tabled. The motion Failed for lack of sufficient affirmative votes. • • Minutes Regular Council Meeting January 29, 1969 Page 14 Motion by Jimenez, seconded by Bradley and passed, with Lozano, Bradley, Jimenez, Sizemore and McDaniel voting "Aye", that Application #1268-6, Seabrook Development Company and City of Corpus Christi, be denied, Mayor Blackmon announced the public hearing on Application #1268-7, Mr. Sam L. Allen, for change of zoning from "AB" Professional Office District, to "B-1" Neighborhood Business District, on Lots 41 and 42, Block 817, Port Aransas Cliffs, located at 3718 South Alameda Street. Larry Wenger located the propertyon the map and described the zoning and land uses in the immediate area; stated that at the Commission hearing held December 17, 1968, Mr. Allen appeared on his own behalf and stated that this property k under contract to Lichtenstein's Inc., and that they have made a feasibility study and site plan of the subject property in conjunction with the development of the adjoining property which they own. He stated that one person had appeared in opposition; that the Staff reported 21 notices were mailed, two received in favor, three received in opposition, and two in opposition at the public hearing; that it was the recommendation of the Planning Commission that the request be approved, and that the Staff recommended denial on the basis that existing zoning is adequate for this area. City Manager Townsend reported that four letters had been received since the hearing opposing the zoning change for various reasons, and stated there has been sufficient opposition to invoke the 20% rule. Mr. Sam Allen spoke on his own behalf and explained that he plans to sell the subject property to Lichtenstein's, Inc., owners of the other property which adjoins the adjacent parking area, to be developed in conjunction with the property which they now own which would be a logical extension of the existing "B-1", and explained that the "AB" zoning North of this tract would act as a buffer between the residential properties. No one else appeared in favor or in opposition. Motion by Bradley, seconded by Jimenez and passed, that the hearing be closed. • Minutes Regular Council Meeting January 29, 1969 Page 15 Motion by Sizemore, seconded by McDaniel and passed, that the foregoing application for zoning change be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #1268-8, Del Mar Lodge #1350, A.F. and A.M., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office, District, on Lot 1, Block 3, Woodlawn Estates Unit #1, located at 1301 Woodlawn Drive. Larry Wenger located the property on the map and pointed out the zoning and land uses of the area surrounding the subject property; stated that at the Commission hearing held December 17, 1968, Mr. George G., Edwards represented the applicant, stating that the proposed development was for construction of a building which would be used by members as a meeting place. Mr, Wenger stated that two persons hod spokenin opposition and two in favor; that the opposition felt there would not be adequate off-street parking, and that there would be an overflow of cars from the Memorial Baptist Church; that the Staff reported 12 notices were mailed, one received in favor and one in opposition; that it was the recommen- dation of the Planning Commission that the request be denied, but in lieu thereof, a Special Permit be approved for the construction of a building for Del Mar Lpdge #1350, A.F. & A.M. according to a site plan limiting the building to 2,100 square feet with a parking area for 50'putomobiles, and that the Staff had recommended denial on the basis that existing zoning is adequate for this area. Mr. Edwards spoke on behalf of the application and explained that spaces for approximately 100 call will be provided; that the meetings are held on Tuesday nights, and that no more than 20 vehicles are parked in the parking lot at one time; that a family party is usually held twice a year, and no other social activities; that no alcbhol is permitted in the Lodge, that the Lodge activities are similar to that of a church, and that the Baptist Church nearby, would be permitted to use the lot anytime it is not in use by the Lodge. Others appearing and speaking in favor of the zoning change were Mr. Art Hanson, Mr. M.. L..MeManus and Mr. F. C. Boyd,concurred with Mr. Edwards that the building is needed and would not be out of character with the neighborhood. • Minutes Regular Council Meeting January 29, 1969 Page 16 Mr. John Kinney, 1317 Woodlawn Drive, spoke in opposition on the basis that parking would be a problem; traffic would be increased; that there is a school zone in the area, and that he feels the single-family character of the area should be maintained, and that residents would have no recourse in case the Lodge decided to move to another location. Mayor Blackmon asked Mr. Boyd if he would be opposed to a Special Permit with restrictions, and Mr. Boyd stated that he would still be opposed. No one else appeared in favor or in opposition to the foregoing zoning application. Motion by Bradley, seconded by Jimenez and passed, that the hearing be closed. Motion by McDaniel, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #1268-8, Del Mar Lodge #1350, A.F. & A.M., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 1, Block 3, Woodlawn Estates Unit #1, located at 1301 Woodlawn Drive, be denied, but in lieu thereof, a Special Permit be approved for the construction of a building for Del Mar Lodge #1350 A.F. & A.M. according to a site plan limiting the building to 2,100 square feet with a parking area for 50 automobiles, and that an ordinance be brought forward effectuating the Special Permit. City Manager Townsend presented the following recommendations for Council approve Motion by Sizemore, seconded by Jimenez and passed, that the recommendation of the City Manager that $4,700 be paid to George Taylor and wife, Faye Taylor, for improvements existing in the 80 -foot right of way of Ocean Drive abutting Lots 25 through 32, inclusive, Block 15, Port Aransas Cliffs, and waiver of any rights to the 80 -foot right of way, be approved. Motion by McDaniel, seconded by Lozano and passed, that the recommendation of the City Manager be concurred in that a Change Order be approved for 404.5 feet of 15 -inch storm sewer for $2,831 .50, Three Blocks of old 12 -inch storm sewer in North Staples have been found to be collapsed and no longer serviceable. There being no further business to come before the Council, the meeting was adjourned. • Minutes Regular Council Meeting January 29, 1969 Page 17 1, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of January 1, 1969, to January 31, 1969, inclusive, and having been previously approved by Council action, are by me hereby approved. -cd,",, /74 e R. BLACKMON, Mayor of Corpus Christi, Texas •