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HomeMy WebLinkAboutMinutes City Council - 09/02/1970PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 2, 1970 2:00 P.M. Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend Acting City Attorney Jim Riggs City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to ander. The Invocation was given by The Reverend Don Pevey, Pastor of First Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bradley, seconded by Lozano and passed, that the absence of Commissioner McDaniel be excused for just cause. The Minutes of the Regular Council Meeting of July 29; Special Meeting of August 10; Regular Meeting of August 12; and Regular Meeting of August 19, 1970, were approved as sub- mitted to the Council. Mr. Pat Fischer, president of Kiwanis Club of Corpus Christi, appeared, read and presented a resolution adopted on August 27, 1970, expressing collective appreciation of the membership of that organization to the Mayor, Council, City Manager, and City employees for the great effort exerted by them in clearing away debris, and the major role assumed by the Council in the tremendous task of trying to rebuild. the City following the damage and devastation from Hurricane Celia. Mr. Fischer stated "as citizens and Kiwanians, we thank you." (Council Exhibit 013-70 ) Mr. James T. Denton, Jr., chairman of the Citizens Advisory Committee appointed by the Council August 26, 1970, for the purpose of seeking all available resources necessary to rebuild the City and to secure maximum benefits from these resources, appeared and reported that this committee held its first meeting on Monday, August 31. He reviewed the organizational plans of the committee, stating that five sub -committees were formed and chairmen appointed for each of these sub -committees: (1) Capital Improvements - Ray Peterson, chairman; Financial Assistance - Ben Eshleman, chairman; Economic Development - Dick Conolly, chairman; Housing, Environment and Public Welfare - Jack Solka, chairman; and Public Affairs - C.. W. (Woody) Jones, chairman. Mr. Denton expressed confidence that all will accept the challenge which is before the Community, • • Minutes Regular Council Meeting September 2, 1970 Page 2 but stated that many things they will be considering will cost a great deal of money. He stated that at this meeting of August 31, the Committee also adopted a resolution calling upon the Council to start the mechanics of calling an election as soon as is legally possible to authorize the City to participate in the Housing and Urban Development Urban Renewal Program. He explained that the Committee had not determined whether or not this program will be needed, but that they feel the Council should take the necessary legal steps now so that the full spectrum of Federal, State and local assistance would be available if needed. He further stated that the Committee will work diligently to make a meaningful contribution to the effort of developing a greater Corpus Christi, and that they will be communicating their recommendations to the Council from time to time. Mr. Larry French, local realtor; appeared and stated he wished to speak pursuant to a statement of Mayor Blackmon concerning the possibility of the Council's calling an election on the question of Urban Renewal. He stated he felt the Council should respect the wishes of the voters who twice have overwhelmingly defeated the question of Urban Renewal, and that there has been no essential change in the program since that time. He commended the Mayor and Council for their tireless and unselfish efforts during the current crisis, but stated that in view of the extremely difficult period the community has experienced, "there should continue to be singleness of purpose, and that this is not the time to revive the dissension which was created by the former elections," but that the community should go forth with unified endeavors. He further stated that he felt the issues of the Governmental Center and the Convention Center would be jeopardized if the issue of Urban Renewal is placed on the same ballot. Mr. Lawrence J. Berger, stated he was in agreement with the statements made by Mr. Frinch and that he had expressed his feelings relative to Urban Renewal. He stated that Hurricane Celia had affected all areas of the City alike, and that Urban Renewal could not rebuild all that was destroyed. He stated it was his feeling that the matter should be discussed at public forums to get expressions from the public as a whole. Acting City Attorney Jim Riggs, explained the processes necessary and time limits imposed by law relative to the calling of an election, and pointed out that if the mechanics were started today, the earliest Urban Renewal election would be December 5. • • Minutes Regular Council Meeting September 2, 1970 Page 3 Mayor Blackmon announced the informal;public hearing on the request of Padre Island Investment Corporation to the Texas Water Quality Board to discharge up to an average of 500,000 gallons per day of treated domestic sewage into golf course lakes and Laguna Madre. Mr. Larry Urban, representative of Padre Island Investment Corporation, presented the request stating that the Corporation k seeking an amendment to its existing Waste Control Order for a proposed discharge not to exceed an initial average monthly flow of 500,000 gallons per day not an initial maximum flow of 1,500,000 gallons per day of treated domestic sewage from its proposed facility. He described the facility as being a contact stabilization process sewage treatment plant to be in operation by 1971 and located at the Utility Complex of Padre Island. He stated the effluent is proposed to be discharged into Laguna Madre with a portion being diverted fo the gold course lakes where it will be utilized for land irrigation. No one appeared in opposition to the foregoing request. City Manager Townsend stated the application stands on its own merits and is consistent with the overall development plan. Motion by Bradley, seconded by Sizemore and passed, that thehearing be closed. Motion by Bradley, seconded by Roberts and passed, that the foregoing request be approved as being consistent with the overall development plan which the City has heretofore approved, and that the Texas Water Quality Board be notified of this action. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "h" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of September 21, 1970, at 2 p.m., be set for a public hearing on the following zoning applications: (1) Hulen H. Hunt - from "R-1B"to"A-2" on the northwest corner of Nile and Williams Drive. (2) Mr. and Mrs. W. P. Livingston - from "R -1B" to "AB" on the west side of Everhart Road south of McArdle. (3) Mr. Seymour Mendell - from "R -1B" to "R-2" on the northwest corner of McArdle Road and Dorthy Drive. • • Minutes Regular Council Meeting StIptember 2, 1970 Page 4 (4) Nicholson Building Supply Co., Inc.- from "R -1B" to "B-1" on the east side of Kostoryz Road north and south of Sacky Drive. (5) Katherine W. Bridges, Trustee - from "R -1B" and "A-2" to "AB" on the northeast corner of Carver Drive and Nogales Street; b. That a permit be issued to Cities Service Oil Company to drill Well 02, State Tract 96, to a depth of 12,000 feet, the surface location being in the approved cluster of Tract 81; c. That a revocable easement to Kelly Bell for a 2" gas line crossing at Port Avenue near Industrial Boulevard, which line will deliver gas to the City system from a new well near the Tex- Mex Railroad near Bluntzer Street, be granted; d. That an appropriation in the amount of $375 for clearance of 2902 and 2906 Elgin as part of the HUD -City Open Space Park Project, which parcels were excluded by the original clearance contract, be approved; e. That the authority to advertise for bids to be received September 15, 1970, for 4,209 tons of various size rocks to repair and improve the rip -rap on the earthwork on Wesley Seale Dam which was damaged by Hurricane Celia, be granted; (Betterment of approximately $6,000 can be transferred from the Water Reservoir) f. That approval of assignment of sublease of approximately 302 square feet of Eastern Airline terminal leased space located adjacent to the wall at the end of the ticket concourse at International Airport, to Rio Airways, be granted; g. That the transfer of a farm lease for Tract E, at International Airport from Mr. W. F. Griffith to Mr. W. A. Whitemire, be authorized; City Manager Townsend reviewed the current status of the temporary housing program involving the placing of mobile homes on property throughout the City, and stated that to date a total of 1,625 applications have been received for emergency housing and that 1,012 of those have been approved. He stated that 427 sites have been approved and that 197 families have already received housing; that 117 of that number are in mobile homes on private sites, 49 in mobile homes on government sites and 31 families in vacant properties which had been repossessed under VA and FHA loans. • • Minutes Regular Council Meeting September 2, 1970 Page 5 For additional areas for establishment of mobile home park accommodations for disaster housing purposes within the City as heretofore authorized, Mr. Townsend submitted the following additional properties and requested authority to enter into the necessary contracts to effect such establishment for mobile home park accommodations: (1) Carroll Place Subdivision (90 sites); (2) Lexington Park Subdivision (100 sites); (3) School on Sokol Road; and (4) Mt. Vernon Park (alternatives). Motion by Roberts, seconded by Lozano and passed, that the foregoing recommendation be approved as requested. ORDINANCE NO. 9907 THIRD READING OF AN ORDINANCE EXTENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 6757 AND EXTENDED BY ORDINANCE NO. 9071.5 FOR FIVE YEARS, TO SEPTEMBER 1, 1975, CONTINUING ALL OF THE TERMS OF SAID ORDINANCE NO. 6757 EXCEPT AS TO TERM AND PAYMENT IN LIEU OF FRANCHISE AND PROVIDING FOR A FRANCHISE PAYMENT OF FOUR PERCENT (4%) OF GROSS RECEIPTS FOR THE SALE OF GAS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel was absent. ORDINANCE NO. 9908 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 9854, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 22, 1970, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER AN AMENDED MEMORANDUM OF AGREE- MENT BETWEEN THE CITY OF CORPUS CHRISTI AND LICHTENSTEIN'S, INC., PROVIDING FOR THE BEAUTIFICATION OF THE SIDEWALK AREA ON THE LAWRENCE AND CHAPARRAL STREET SIDES OF THE LICHTENSTEIN'S PROPERTIES, A COPY OF WHICH AMENDED MEMO- RANDUM OF AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel was absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RIO AIRWAYS, INC. COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The Foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel was absent. • Minutes Regular Council Meeting September 2, 1970 Page 6 SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND EASTERN AIR LINES COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS INTER- NATIONAL AIRLINES COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF, The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BRANIFF INTER- NATIONAL, INC., COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel absent. ORDINANCE N0. 9909 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, OE THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION OF A TRAVEL TRAILER PARK ON A 2.83 -ACRE TRACT OF LAND LOCATED IN BROOKLYN ADDITION, BLOCK 414, LOTS 1, 3 AND 5, AND THE GIVENS TRACT, PLUS THE STREET RIGHT OF WAY OF TIMON BOULEVARD LOCATED ON THE NORTH END OF CORPUS CHRISTI BEACH, WEST OF TIMON PARKWAY (RAILROAD RIGHT OF WAY), EAST OF HIGHWAY 181, NORTH OF HULL STREET TO CORPUS CHRISTI BAY, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN COMPLIANCE WITH THE CONDITIONS LISTED IN THE ANNEXED EXHIBIT "A", AND 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 foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel absent. ORDINANCE N0. 9910 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $375 FOR PROJECT N0. 291-64-4, ELGIN PARK, FOR DEMOLITION AND REMOVAL WORK ON TWO PARCELS RESULTING FROM THE HUD -ASSISTED EXPANSION OF ELGIN PARK; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 2, 1.970 Page 7 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel absent. FIRST READING OF AN ORDINANCE AMENDING SECTION 11-5 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO ADOPT THE SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, WITH 1970 REVISION, A COPY OF WHICH, AUTHENTICATED BY THE SIGNATURES OF THE MAYOR AND THE CITY SECRETARY, IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND ADOPTED AS THE BUILDING CODE OF THE CITY AS FULLY AS IF COPIED AT LENGTH; PROVIDING FOR ADMINISTRA- TION AND ENFORCEMENT; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEED- ING $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for, the first time and passed to its second reading by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and. voting "Aye," McDaniel absent. ORDINANCE NO. 9911 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO KELLY BELL, HAVING AN OFFICE AND PLACE OF BUSI- NESS IN CORPUS CHRISTI, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 2" GAS GATHERING LINE ALONG AND UNDER CITY STREETS ALONG THE ROUTE SHOWN ON THE MAP ATTACHED HERETO AND MARKED EXHIBIT "A", AT PORT AVENUE AND INDUSTRIAL BOULEVARD, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye,." McDaniel absent. RESOLUTION NO, 9912 ADOPTING AND APPROVING, SUBJECT TO FUTURE APPROPRIATION, FOR ACQUISITION OF LAND AND ALL EASEMENTS AND OTHER RIGHTS NECESSARY TO THE DEVELOPMENT THEREOF FOR THE CONSTRUCTION OF A GOVERNMENTAL CENTER TO ACCOMMODATE THE CITY OF CORPUS CHRISTI, THE COUNTY OF NUECES, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, THE FOLLOWING DESCRIBED TRACT OF LAND, BEING THAT CERTAIN TRACT OF LAND LOCATED IN BLUFF ADDITION: ALONG THE NORTHWEST CORNER OF BLOCK 33 OF SAID BLUFF ADDITION, THENCE EAST ALONG THE SOUTH RIGHT OF WAY LINE OF LEOPARD STREET TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF NORTH CARRIZO STREET, BEING THE NORTHEAST CORNER OF BLOCK 25; THENCE SOUTH ALONG THE WEST RIGHT OF WAY LINE OF NORTH CARRIZO STREET TO ITS INTERSECTION WITH 'THE SOUTH RIGHT OF WAY LINE OF MESTINA STREET; THENCE EAST ALONG THE SOUTH RIGHT OF WAY LINE OF MESTINA STREET TO ITS INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF TANCAHUA STREET; THENCE SOUTH ALONG THE WEST RIGHT OF WAY LINE OF NORTH TANCAHUA TO ITS INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF BLUCHER; THENCE IN A WESTERLY DIRECTION ALONG THE NORTH RIGHT OF WAY LINE OF BLUCHER TO ITS INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF WACO; AND THENCE NORTH ALONG THE EAST RIGHT OF WAY LINE OF WACO STREET TO THE POINT OF BEGINNING; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, Roberts and Sizemore present and voting "Aye," Blackmon abstaining, and McDaniel absent. Minutes Regular Council Meeting September 2, 1970 Page 8 ORDINANCE NO. 9913 GIVING NOTICE AND ORDERING PUBLICATION OF SAID NOTICE, PURSUANT TO ARTICLE 1269L-3, V.A.C.S., TEXAS, URBAN RENEWAL LAW, AS AMENDED, OF CONSIDERATION BY THE CITY COUNCIL ON NOVEMBER 4, 1970, BEING NOT LESS THAN 60 DAYS AFTER THE FIRST OF TWO PUBLICATIONS OF NOTICE HEREOF IN THE CITY'S OFFICIAL NEWSPAPER, OF PASSAGE OF AN ORDINANCE TO CALL AN ELECTION, AFTER 30 DAYS' NOTICE, BY RESIDENT QUALIFIED VOTERS OWNING TAXABLE PROPERTY WITHIN THE CITY, TO DETERMINE WHETHER THE CITY COUNCIL SHALL ADOPT A RESO- LUTION FINDING THAT ONE OR MORE SLUM OR BLIGHTED AREAS EXIST IN THE CITY AND THE REHABILITATION, CONSERVATION, OR SLUM CLEARANCE AND REDEVELOPMENT, OR COMBINATION THEREOF, OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, MORALS OR WELFARE OF THE RESIDENTS OF THE CITY; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel absent. ORDINANCE NO. 9914 REDECLARING, UNDER ART. 5890E, V.A.C.S., TEXAS, AND ARTICLE 1175, V.A.C.S., TEXAS, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PRO- VIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye," McDaniel absent. City Manager Townsend stated that it is the staff's recommendation that the City ask the Corps of Engineers to concur with a joint recommendation that September 15 be set as a final cut-off date for clearance of Hurricane Celia debris on private property, but not including demolition of buildings in other areas. He stated citizens are urged to transfer debris to the curbs where possible to allow the Corps of Engineers to complete their part of the program. Following a brief recess, Mayor Blackmon reconvened the meeting and announced the Council would hold the scheduled public hearings on three zoning cases, the first of which being Application #770-1, Mr. and Mrs. Sam M. Armstrong, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 18, 19 & 20, Block 9, Villa Gardens, located at 630 Van Cleve Drive. Senior City Planner Larry Wenger presented the application and pointed out the existing zoning and land use in the surrounding area, stating that a food franchise operation is proposed for the subject property which is vacant at the present time. He stated that at the Commission hearing held July 7, 1970,.Mr. Tim Clower of Koepke & Clower Realtors, had represented the applicant and stated that the subject property will be used for a parking lot in conjunction with McDonald's Restaurant to be • Minutes Regular Council Meeting September 2, 1970 Page 9 established on the adjacent Lots 1, 2, 21 & 22, which lots are already zoned "B-4" General Business District. Mr. Wenger stated five persons appeared at the hearing in opposition, generally concerned with construction of fences, traffic congestion because of narrow streets, noise, and nuisance of trash. He stated that prior to the hearing the Staff mailed 25 notices, one received in favor and four in opposition; that it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof a Special Permit be granted subject to the erection of a standard screening fence between the subject property and all adjacent lots, that Lot 20 be used for "B-4" businesses, that Lot 18 & 19 be restricted for parking only, and subject to a plot plan to be approved by the Commission. He presented the plot plan which was approved by the Commission. Mr. Wenger stated it was the Staff's opinion that the establishment of "B-4" zoning further south along Van Cleve Drive would have a detri- mental effect on the residential property in this area, and that a better use for this property would be duplexes or some type of multiple -family use, which would act as a buffer between the existing "B-4" along Leopard and the established residential neighborhood. Mr. Wenger stated that the opposition recorded invoked the twenty percent rule in this case. Mr. Tim Clower, spoke on behalf of the request and stated that this location. had been selected because of its closeness to Woodlawn Shopping Center, and that tix:re is a definite need for the proposed facility in the area. He stated that most of the opposition had been because of the bright lights shining into the windows of the residences. He stated the special permit as recommended by the Planning Commis- sion would be acceptable and that the conditions would be complied with, including the standard screening fence between the subject property and all adjacent lots. He explained that there would be no curb cuts from Leopard Street, and that they will construct sidewalks which are not required but were advised by the Engineers they would be desirable. He presented an approved site plan of the proposed development. No one appeared in opposition to the foregoing zoning request. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts that the recommendation of the Plan- ning Commission be concurred in and that Application #770-1, Mr. & Mrs. Sam M. Armstrong, for change of zoning from "R -1B" One -family Dwelling District to "B-4" • Minutes Regular Council Meeting September 2, 1970 Page 10 General Business District, on Lots 18, 19 & 20, Block 9, Villa Gardens, located at 630 Van Cleve Drive, be denied, but in lieu thereof, a Special Permit be granted subject to the erection of a standard screening fence between the subject property and all adjacent lots, that Lot 20 be used for "B-4" businesses, that Lots 18 & 19 be restricted for parking only, and subject to a plot plan to be approved by the Commission, and that an ordinance be brought forward effectuating the Special Permit. Motion by de Ases that the foregoing zoning application be tabled for further consideration. The motion died for lack of a second. The foregoing motion by Bradley, seconded by Roberts, was passed, with de Ases voting "Nay" granting a Special Permit as recommended by the Planning Commission. Mayor Blackmon announced the public hearing on Application #770-4, Planning Commission for change of zoning: (1) from "R -1B" One -family Dwelling District to "B-4" General Business District, on Lots 3 & 4, Blocks K, M and N, and Lot 3, Block L, Lexington Place; (2) from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lots R, S, T, W-1, and the south one-half of Lot U, Lexington Place; and (3) from "AB" Professional Office District to "B-1" Neighborhood Business District, on the north one-half of Lot U, all of Lots V and W-2, Lexington Place. Larry Wenger located the property on the zoning and land use map and pointed out the existing zoning uses. He explained that the application was initiated by the Staff on request of the Planning Commission, and that there have been various applications for change of zoning on several of the properties over the years included in this request. He stated that at the Commission hearing held July 21, 1970, one other person appeared in favor of the request, and that two appeared in apposition, one of which was the owner of Lots 5 through 8, Block N, stating that the noise from business zoning on these properties would be disturbing to the patients in South Park Manor Nursing Home and that additional traffic from business uses would be hazardous to the school children in the area. He stated that prior to the hearing the Staff mailed out 44 notices, seven received in favor and seven in opposition, and that the recorded opposition would envoke the 20 percent rule. He stated it was the recommendation of the Planning Commission that the application • Minutes Regular Council Meeting September 2, 1970 Page 11 be approved as requested, and that it was the Staff's recommendation that all the property fronting on Kostoryz Road, except the corner of Kostoryz and McArdle, be zoned "AB" Professional Office District; that Lot W-1 be zoned "B-1" Neighborhood Business District; and that the lots at the rear of the properties fronting Padre Island Drive be zoned "B-4" General Business District, which would be consistent with the front lots. Mrs. Henry L. Slania, 5102 Holly Road, owner of the Modern Plumbing Company, stated she was in favor of the entire proposal for change of zoning as advertised. Mr. W. H. Stahl, owner of Lots W-1 & W-2, Lexington Place, spoke in opposi- tion. He stated that a Special Council Permit was approved on Lot W-1 with "B-1" zoning limitations, that he had been informed later that the permit had expired, and that he had not been properly notified, but that he had continued to pay high taxes. He inquired as to the zoning status of this property at the present time, stating that he had failed to get answers to letters he had written making this inquiry. City Manager Townsend pointed out that conditions of the Special Permit were that construction must be started within a certain length of time, and explained to Mr. Stahl that because he had not developed this property within the time limita- tion, the permit had automatically expired. He further explained that the property in question is presently zoned as Single-family Dwelling. Mr. Stahl refused to accept the explanations, and adamantly persisted in bringing up the previous history of the zoning of his property which did not pertain to the zoning before the Council, and was ruled out of order. The matter of the application of the 20 percent rule was discussed, and it was pointed out that if each tract of land were considered separately, the 20 percent rule might not apply, but when considered as a whole the 20 percent rule is in effect. No one else appeared to speak in opposition. Motion by Roberts, seconded by Lozano and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed that the foregoing application be tabled for further consideration. Minutes Regular Council Meeting September 2, 1970 Page 12 Mayor Blackmon announced the public hearing on Application #F770-6, Mr. James C. Martin, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 21 & 22, Block 1101, Bay Terrace #2, located at 1311 South Brownlee. Larry Wenger stated that the Commission had held a hearing on the subject request July 21, 1970; that there had been no opposition; that 23 notices were mailed, three received in favor and none in opposition; and that it was the recom- mendation of both the Staff and Commission that the application be approved as requested. Mr. James C. Martin, applicant was present and stated that he proposes to establish a law office on the property and was available for any questions. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by de Ases, seconded by Lozano and passed, that the recommendation of the Staff and Planning Commission be concurred in and that Application #770-6, Mr. James C. Martin, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 21 & 22, Block 1101, Bay Terrace #2, located at 1311 South Brownlee Boulevard, be approved as requested, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned.