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HomeMy WebLinkAboutMinutes City Council - 01/13/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 13, 1971 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley,Jr.. :Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney Jim Riggs City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order. Commissioner W. J. Roberts gave the invocation in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of January 4, 1971, were approved as submitted to the Council. Members of the Student Council of Corpus Christi Academy were recognized and Mayor Blackmon presented Certificates of Attendance to the following: Rudy Travis, Alfred Morin, Rudy Alverez, Mike Grant, Joe Soliz, Rick Jarvis, and Roy Lodano. Certificates of Commendation were presented to three Naval Officers of Traning Squadron 28 of the Naval Air Station who were credited with saving the life of two-year old Darrell W. Durrett who had fallen into'a canal in Tropic Isles in Flour Bluff December 17, 1970. The officers were John B. Fullen AMS2, Wm. S. Mills, AMS3, and Wendell D. Oliver AMS3. They were recognized for their ability to recognize danger and the skill and competence to perform and take the necessary actions which saved the life of the child. Mayor Blackmon expressed appreciation on behalf of the citizens of this community for the Navy and what it means to this City. Assistant City Manager Archie Walker presented 30 -year Service Awards to- the following City employees: Water Division - Refugio Acuna (33 years); A. M. Cunningham (33 years), and Pedro Garza (33 years); Water Filtration - D. B. Magee (40 years); Sewer Division - C. S. Avalos (31 years), and H. V. Guerrero (30 years); Park Division - A. B. Balboa, Jr. (35 years); Fire Department - J. G. Carlisle (33 years), W. J. Cody (30 years), Roy Corkill (34 years), R. T. Gaulding (32 years), C. R. Jones (31 years), V. B. Jones (33 years), J. L. Lanier (32 years), I. G. Salinas (33 years), and R. L. Scott (30 years); Building Division - L. R. Clarkson, (35 years); Sanitation Division - Manuel Flores (33 years), C. D. Sosa (31 years), Minutes Regular Council Meeting January 13, 1971 Page 2 • and Angel Padron (33 years); Police Department - E. 0. Marshall (30 years), Roy Lay (30 years), and Pete Rose (33 years); Utilities Department - W. M. Lidwell (30 years). Mayor Blackmon called for the opening of bids. Bids were opened and read for the repairs of Hurricane Celia damaged Garden Club Building and the Oso Golf Course Club House from the following firms: Manson Industries; J.S.R. Construction Company; Epperson Construction Company; Maurice Mendel, Inc.; Mendenhall Construction Company; B. E. Beecroft Company; and Guaranteed Repairs. The foregoing bids were tabled pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Bids were opened and read for the repairs of Hurricane Celia damaged piling & piers in the Marina, from the following firms: W, T. Young; J.S.R. Construction Company; Lloyd W. Richardson; Blue Water Industries, Inc.; Maritime Constructors; Waymon Boyd (King -Fisher Services, Ind.); and Austin Bridge 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. Bids were opened and read for the repairs of Hurricane Celia damage to the roof of the pump building at Stevens Filter Plant from the following firms: Manson Industries; J.S.R. Constructian Company; and Guaranteed Repair. 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 on zoning Application #171-1, Southwestern Oil & Refining Company, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on all of Lots 5 through 15, Block 5, Sunset Place. Senior City Planner Larry Wenger located the property on the zoning and land use map and pointed out the zoning classifications and uses surrounding the area of request. He explained that at a previous public hearing held in 1968, which included all of the Hillcrest area, it had been concluded that the "A-1" Apartment House District boundary should remain at its present location, and that Lots 4 & 16 of this block were rezoned "AB" to serve as a buffer between the single.family resi- dences and the existing parking lot. He stated that an office building and parking area are proposed for development of the property; that the request was heard by the • Minutes Regular Council Meeting January 13, 1971 Page 3 Planning Commission January 5, 1971, at which time Attorney Michael Kendrick repre- sented the applicant and explained the need for the requested zoning, pointing out that Lots 1 through 4, and 16 through 20 are already being used for a parking lot, and that the change is needed to carry out the Company's plans to consolidate their engineering and supervisory personnel into one office, utilizing all of the property, including the parking lot for the proposed office building. He stated that Lots 13 & 14 are owned by. the Community Development Corporation and that they did not wish to sell their property. Mr. Wenger stated that there was opposition at the hearing; that Mr. Homer Johnson, representing the Hillcrest Improvement Association, presented a resolution containing a five -point justification for the opposition; (1) that the requested change would detract from the total neighborhood character; (2) would open the door for other similar requests; (3) would be unfair to all residents, especially those who are improving their properties according to HUD and the Community Improvement Association; (4) would dissolve the faith of the residents in the Planning Commission who set the area apart as a one -family dwelling district; and (5) would not be a compatible use with the concept of the Community Development Corporation. Mr. Wenger stated that prior to the hearing, the Staff mailed out 23 notices, three were received in favor and three in opposition, and that a petition had been filed containing nine signa- tures of persons in favor. He pointed out on the map the residences of those persons in favor and those in opposition, stating that the opposition registered would invoke the 20 percent rule. He further pointed out that one person had signed the petition in favor and later sent in a letter opposing the request. He stated it was the recommendation of the Planning Commission that the request be approved as submitted, and that it was the Staff's opinion that "AB" zoning should not be extended any further into the residential district on the basis that it would tend to break down the residential character of the area, and on the basis that at a previous public hearing, which included all the Hillcrest area, it was decided that the "A-1" zoning district boundary should remain at its present location. Director of Planning Wm. Anderson spoke relative to the request, and pointed out that in October, 1968, when the public hearing was held in the Hillcrest area, the City was in the process of making an application for participation in the federally funded Code Enforcement Program. He explained that this area is a self-contained resi- dential neighborhood, bounded on three sides by industry and on the fourth side by the Freeway; that the area is hemmed in and cannot expand, and if it is to be preserved • • Minutes Regular Council Meeting January 13, 1971 Page 4 as a residential neighborhood it must maintain its residential character with what it presently has; that the purpose of the application to HUD was to provide and upgrade the residential character of the area for low income families; stated that a zoning plan was prepared for single-family dwellings; that Lots 4 and 16 of this block along Nueces Bay Boulevard were rezoned "AB" at the 1968 hearing to serve as a buffer between the single-family residences and the existing parking lot; and that the application was sent to HUD and was approved on the basis of this plan. He stated that while this was the basis for the plan, it was not so rigid that it could not legally have some modifi- cations., but that the City is morally committed to implement this plan and that he could not conscientiously recommend the requested change. Director of Neighborhood Improvement Program Ron £tubing,; presented facts and figures relative to the present status of the Neighborhood Improvement Program, stating that the program was responsibile for bringing up to standard 129 buildings and that 175 loans and grant applications are presently being processed; stated that most of the houses in Block 5 have been brought up to standard with only minor Code violations, that there are many blocks in Hillcrest which are now 100 percent standard, and that rebirth has been noted in neighborhood optimism. He stated that large sums of money will be invested in the area, and that the forthcoming street improvement and rehabilitation of the remaining substandard housing will result in stabilization of the area for many years to come. He stated it is his opinion that the proposed 4evelopment would adversely affect the neighborhood and the Code Enforcement Program. Attorney Michael Kendrick spoke on behalf of the applicants and gave the background of the Southwestern Oil & Refining Company's interests in this area since 1964, and explained the proposed development. He explained that Lots 1 through 4, and 16 through 20 are already being used for parking; that Lots 13 and 14 are owned by the Community Development Corporation and since they did not wish to sell, the Company would like to rezone only Lots 5, 6 and 15 of the application as it would not befeasible to develop around these two lots. He stated that it was his opinion that the 20 percent rule would not be in effect if only Lots 5, 6 and 15 are considered. He stated that the recommendation of the Planning Commission that all of the lots be rezoned came as a surprise to the applicants; that they naturally would like to have the entire area rezoned, but would be satisfied with the three lots. He explained that with the smaller area, the development would of necessity be more congested; • Minutes Regular Council Meeting January 13, 1971 Page 5 the buildings would probably be two and three-story, and would not be the type of construction best suited to the land. He further stated that it is his opinion that the requested change of zoning and proposed development would not forfeit the federal funds which have been committed. Mr. H. R. Sager, Executive Vice President and Treasurer of Southwestern Oil and Refining Company, presented a drawing of the proposed development which showed a standard masonry wall around the perimeter of the property, with ingress and egress on Nueces Bay Boulevard only. He stated that the building would represent an invest- ment of approximately $357,000; that it could be developed with the rezoning of the three lots, but that conditions would be somewhat crowded, and that the building would probably have to be a three-story building. He pointed out that the Company employs some 240 persons with an annual payroll of 2.3/4 million dollars annually; that personal and ad valorem taxes amount to some $360 thousand annually; that in order to remain competitive with other companies located closer to the market, they have had to operate with greater efficiency and are penalized because Corpus Christi is located farther away from the market. He stated that the Company had been aware of its responsibility relative to pollution since 1957,are equipped to control water dis7 charged into the Channel, meeting all specifications of the Texas Water Control Board. He stated that they are very much a part of this community and feel that perhaps emotions have taken the place of good judgement. Mr. J. F. Wakefield, realtor, spoke in favor of the request, stating he did not feel the property values would be depreciated as a result of the proposed develop- ment but would be an asset to the neighborhood. He emphasized that the proposed development is not commercial but professional offices which have not deteriorated "R1.18" uses anywhere in the City. He stated that he felt some of the -opposition which had been expressed was because of misunderstanding, and that one person had the misconception that her property would be condemned by the City and sold. Mr. J. Preston Pulliam, 1421 Stillman, spoke in opposition to the request as president of and on behalf of the Hillcrest Improvement Association, stating that the residents of this area had had faith in the Council and City Manager when the public hearing was held in 1968, and they were made to believe that there would be no further encroachment into the residential area. He stated they are "little people" • Minutes Regular Council Meeting January 13, 1971 Page 6 and cannot talk in large sums of money, but that they do not wish to be "walled in" any more than they are now, and are definitely opposed to the requested change in zoning. Mr. James, Wagoner, 1422 Stillman, spoke in opposition stating these people have invested all their savings in what was a one -family residential neighborhood; have cooperated with the City Manager in trying to raise their standard of living, and that they are counting on the Council to deny this request. Mr. Homer Johnson, 1722 Kennedy, stated he was opposed to any change of zoning in the Hillcrest area, and that he concurred with the opposition already expressed. Mrs. Rodolfo M. Gonzalez, 1809 Yale, stated she was opposed to the requested change, and concurred in the opposition previously expressed. Reverend Paul F. Perry, Pastor of the Oak Park Methodist Church and member of the Westside Neighborhood Improvement Committee, spoke in opposition and urged the Council to adhere to its original "agreement" with the citizens of the Hillcrest area and endorse the recommendations of the Staff and Director of Neigh- borhood Improvement Program Ron Stubing. Mr. Wm. Shireman, Director of the Legal Aid Society of Nueces County, spoke in opposition, stating that because of his association with the people of the Hillcrest area, he feels the issue is important from the standpoint of the future of this area, and to the credibility of this Council with reference to these people. He urged the Council to visualize what HUD has done for this community by converting it from what could have been a "ghetto" into a nice residential neigh- borhood. He stated he does not feel a master plan as recent as 1968 should be changed without careful consideration and proof that what is proposed would con- tribute to the welfare and safety of the general area. Miss Ann Dodson, 820 North Broadway, spoke in opposition stating she had lived in this area for many years; that when the Hillcrest zoning hearing was held in 1968 a precedent of single-family residences was established, and that at that time, the Council had pointed out that any other uses would be an encroachment; that HUD had accepted this plan on that basis, and that she feels the City has a moral obligation to adhere to the original agreements. • Minutes Regular Council Meeting January 13, 1971 Page 7 Mr. Harold Carr, realtor, 308 Chenoweth,spoke in opposition,pointing out that there are not many areas in the City as nice as this where colored people can live comfortably and happy; that these residents had a lot of confidence in the Council when they adopted the plan submitted to HUD two years ago, and that he feels to change that now would destroy this faith and would be a violation of good zoning. He stated he was aware that this is a hardship case of the Southwestern Oil & Refining Company, but pointed out that it could also be a hardship on these people who need their homes protected. Mts. Jim Alice Scott, 553 Handover, spoke in opposition as president of OPUS and as a member of the Citizens Advisory Committee for Community Improvement. She quoted language used in the adoption of the Code enforcement Program which she interpreted to be the language of an agreement, and stated if the Council grants the requested change of zoning it would be to alter this agreement and a violation of good faith. She urged the Council to deny the request. Mr. C. M. Mumford, 3746 North Saxet Drive, spoke in opposition, stating that he concurred with all the opposition previously expressed, and concurred with the recommendations of the Staff that the request be denied. Mrs. Mattie Flowers, spoke in opposition stating it was her opinion that the proposed development would be an intrusion into an established residential area and would depreciate property values. Mr. Marvin Brown, 1325 Meadow Lane, spoke in opposition stating he concurred in all the opposition heretofore stated. City Manager Townsend explained that his statement made in Press Conference relative to its effecton the Code Enforcement Program, may have been misinterpreted and that the public may have gotten the impression that the Council had already made a decision. He stated that because of the Code Enforcement Program, this case places the Council in a more difficult situation than usual in making a decision. He further explained that any master plan can be legally changed by this Council or any subse- quent Council, Commissioner Bradley questioned if there had been any other zoning changes 'in that area since the zoning plan had been adopted in 1968, and City MManaget stated he was not aware of any changes. Mayor Blackmon stated he did not recall making any agreements or contracts • Minutes Regular Council Meeting January 13, 1971 Page 8 at any time that there would not be changes made in the zoning map, and that he did not feel the City was under a moral obligation. Commissioner Lozano stated the general impression of the opposition seemed to be that the Council had already made up its mind. He pointed out that the Council had only been handed the history of the case at the onset of this hearing. Mr. Kendrick stated he did not feel a loss of faith is involved in this case; that there have been no contracts between the City and the Federal Government, and that no condition of guarantee that the Code Enforcement: Program would terminate if this property or any other property were rezoned exists. He stated it is the feeling of the Southwestern Company that an extension of another 200 feet would not be harmful to the area, and pointed out that many of the residents were in favor of the zoning change. He urged the Council to grant as much of the request as possible consistent with the application and ehe welfare of the citizens of the Hillcrest area. Motion by Roberts, seconded by McDaniel and passed, that the hearing be closed. Motion by Roberts, seconded by McDaniel and passed, that the foregoing zoning request be tabled for further consideration. Mayor Blackmon departed the meeting at this time. Following a brief recess, Mayor Pro Tem Lozano reconvened the meeting and stated the Council would deviate from the printed agenda and hear discussions rela- tive to revisions of the Building Code. City Manager Townsend explained that the proposed ordinance amending the Building Code had been presented to the Council and passed first reading January 6; that copies had been made available in the Inspection Division, and that comments and recommendations from the public had been invited. Mr. Cliff Zarsky, President of the Home Builders Association, appeared and stated that generally the Association feels most of the proposed revisions are good, but suggested modifications as follows: Section 4- 106.2 - opposed wording "out of plumb"; Section 16(d) - opposed any anchorage of any kind to bottom plate where solid type sheathing is used; Section 18, 1707.9(b) relative to built-up felt & gravel roofs - suggested deletion of this section stating it is duplicated; also opposed requirement for ring-shanked nails in subparagraph of this section, and suggested minor modifications in Sections 1705.6(b), 1705.6(a) and 1707.4. • Minutes Regular Council Meeting January 13, 1971 Page 9 Mr. George Gaines, Vice President of Western Steel; Mr. Bill D. St. Clair, President of Inco Steel Products Company; Mr. John Russo, Consulting Engineer; and Mr. Dick Whitehead of D&R Steel Building Company, appeared and stated their organiza- tions approved of most of the revisions and agreed with the intent of the ordinance, but protested the revision of Section 8 relative to minimum design loads, which revision would increase the requirements from 25 to 40 pounds per square foot wind load. They stated this requirement would increase the cost of metal buildings from 10 to 40 percent, that it is excessive, unrealistic and impractical. They stated it is their opinion that the 25 pound requirement is adequate if properly enforced. Mr. Gaines questioned as to how the figure of 40 pounds wind load was arrived at since it would have taken 50 to 60 pounds to withstand winds equal to Hurricane Celia. He further stated that this 40 pound requirement is higher than any other Code of which he is familiar. Mr. Russo stated it was his opinion that most of the damage of Hurricane Ceila was caused by inadequate connections of roof structures, walls, brick ties, etc., pointing out that parts of structures were blown from buildings in'whole a'ectioti's rather than piece by piece, and that buildings should have more anchorage. He stated that the City of Corpus Christi at one time had three building inspectors for 30 million dollars worth of construction, that this number had that the department was lacking in this respect. He stated requirement is excessive as applied to structures of ground damage occurs at a higher level. He took exceptions to the graph under Subsection 105.3, placing total building design been increased to six, but the 40 pound wind load level since most of the addition of a subpara- responsibility in design architect or an engineer, stating he agreed with this requirement but that this could jeopardize an engineer's license under the regulations of the Southern Building Code. Mr. Russo further stated that the 40 pound wind load requirement would be difficult to enforce with reference to fences, and suggested that more study by a technical engineer be made with reference to structural specifications under Section 12. • • Minutes Regular Council Meeting January 13, 1971 Page 10 Mr. Dave Wilson, architect and Chairman of the Citizens Advisory Committee, expressed appreciation for the comments and recommendations expressed from the public, and stated it was regretful that more of them had not attended their committee meetings. He stated that most of the concern appears to be relative to the 40 pound wind load factor and anchorage requirements. He commented that the Navy has adopted a 41 pound wind load requirement, and that he does not feel what they are asking is out of line as the -figure was arrived at from an average used by other Building Codes, and that it is not an unpre- cedented requirement. He stated that, as Chairman of the Committee, he would stand by the recommendations, but that the Committee is willing to reconvene for further study and consultation with the Staff and the public. Public Works Director Jack McDaniel stated that the City should chose a maximum wind pressure, and when that is decided, the formula can be worked out accordingly. He stated that so far as the design factors are concerned, the Staff and the Committee will need guidance from the industry, the Staff and Council, in determining what kind of winds should be designed against. City Manager Townsend stated that the matter will be resolved by making a thorough study of each of the points in conflict and if there ore changes in the recommendations of the Committee, they will be prompq submitted to the Council before the third readipg of the ordinance, and suggested that it be presented for third reading two weeks hence. Mayor Pro Tem Lozano called for the City Manager's Reports. Motion by McDaniel, seconded by Sizemore and passed, that the City Manager's Reports, Items "a" through "p" be accepted, and that the requests and recommendations be granted and approved as follows: a. That plans and specifications be approved for sanitary sewer line relocations necessary for the clearance of the overpass at Padre Island Drive and Highway 9, and bids be received February 3, 1971, one fourth of the cost to be reimbursed by the County and Texas Highway Department; b. That plans and specifications be approved for the parking lots between the Municipal swilnming pool site and Police Building, and bids be received on February 3, 1971; • Minutes Regular Council Meeting January 13, 1971 Page 11 c. That the authority to receive bids cit 11:00 a.m., January 28, 1971, for furnishing and installing 1750 feet of 5 -feet high chain link fence at the Oso Golf Course, be granted; d. That contracts be awarded to the following firms for their low bids to furnish additions and replacement calculators (Bid Tabulation #1-71); (1) Burrough Corp., Corpus Christi - Four Printing Calculators Net Total $ 846.00 (2) E. R. Schendel Co., Corpus Christi - Four Printing Calculators Net Total $1,626.00 (3) Electronic Office Equipment Co., Corpus Christi - Two E ectronic Calculators Net Ttital $1,656.00 e. That a contract be awarded to PAK-MOR Manufacturing Company of San Antonio, in the amount of $29,100.00, to furnish six replacement 20 cu. yd. Rear Load Refuse Packer Bodies on the basis of their low bid (Bid Tabulation #2-71); f. That contracts be awarded to the following firms for replacement of mowing equipment for Parks & Recreation Department: (Bid Tabulation #3-71); (1) Watson Distributing Co., San Antonio - One 5 -gang Tractor Mower with Hydraulic Lift $5,351.00 (2) Ayers Rental Tools, Corpus Christi - One 60" Self Propelled Mower $1,475.00 (Item 1 is low bid. Item 2 is based on second low bid ($75 lower) due to poor experience with the product offered by the low bidder.) g. That a contract be awarded to Pool Service and Supply of San Antonio, in the amount of $4,238.00 on the basis of their low bid meeting specifications to fumishaand install a Gas Fired Swimming Pool Heating System at Meadow Park Pool adjacent to Ella Barnes Junior High School, being a joint project with the Corpus Christi Independent School District (Bid Tabulation #4-71); h. That a contract for the repairs of the hurricane damaged Lindale Community Center be awarded to Jack R. Mendenhall Corporation for $17,664.00, and that $17,694.00 be appropriated for this purpose, with cost distribution including $15,740.95 insurance; $1,687.25 OEP; and City depreciation and betterment $256.80; • Minutes Regular Council Meeting January 13, 1971 Page 12 i. That a contract be authorized with the Texas State Library for improved .library services, 80% of the grant being for books and 20% for costs of providing support to other libraries in the region, with estimated assistance for 1971 being $64000; j. That the authority to enter into a no -cost lease agreement with the Padre Little League for a five-year extension of the current lease which expires February 18, 1971, for maintenance of a ball diamond at the Holly Road Water Reservoir Pump Station, which lease includes a six-month City cancellation clause, be granted; k. That the authority to execute agreements with the Texas -Mexican Railway Company for a 15" storm sewer crossing of its track in order to drain a portion of Hereford Road, and with the Missouri Pacific Raikoad Company for a 42" storm sewer crossing fat the John Street outfall, be granted, and that an appropriation of $100.00 for the Missouri Pacific crossing, be authorized; (Charge by Tex-Mex is $1.00) I. That the gas advertising program be expanded by eliminating the tap fee ($12.50) for one and two-family residences on a trial basis through July 31, 1971, and providing a free tap and extension to the house for owners bringing gas into previously all -electric homes (Elimination of the tap fee will reduce revenues approximately $5,000 during the balance of the fiscal year. All electric changeovers should average 5 each month at a total cost of approximately $1,500. Simultaneously, expanded co-op advertising is recommended with the City percent varying from 10% to 35% depending on the number and type of gas using installations); m. That the authority to contract with Adcraft Advertising Agency to place Ijwo advertisements in Southern Living Magazine Junior Page in April and May issues at a cost of $5,000, be approved, expenditures to be from the Tourist and Convention Development Activity, supported by the hotel -motel tax; n. That the Housing Authority be advised that City -owned property at 3905 Ramsey is available for use as o site for one story apartment buildings for housing for the elderly, subject to acquisition by the Authority and approval of the requested change in zoning; • Minutes Regular Council Meeting January 13, 1971 Page 13 o. That the authority to receive bids for the sale of surplus City -owned land located at the intersection of Browner Parkway and Dgkin. Place, containing 25,744 square feet, to be platted by the City prior to the sale, be granted; p. That an election be held on Tuesday, February 16, 1971, at the request of Central Power and Light Company for a 30 -year franchise for electric power distribution, being a 21 -year extension of the present franchise. City Manager Townsend presented pending matters and the following'sactions were taken: Motion by Sizemore, seconded by Roberts and passed, that the recessed public hearing relative to Urban Renewal be further recessed for one week. Motion cbyRoberts, seconded by McDaniel and passed, that Zoning Application 01270-3, Oscar Gonzalez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 17, Block 3, Austin Addition, located in the 500 Block of Balboa Street, on which a public hearing was held January 4, 1971, be denied. ORDINANCE NO. 10066 REDECLARING, UNDER ART. 5890e, V.A.C.SI, TEXAS AND ARTICLE 1175, V.A.C.S. TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U.S. CONGRESS, AS AMENDED, AND. THE DIASTER RELIEF ACT OF 1969, 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 HERETO- FORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 10067 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JACK R. MENDENHALL CORPORATION FOR CONSTRUCTION OF REPAIRS TO LINDALE COMMUNITY CENTER AS RESULT OF HURRICANE CELIA DAMAGE; APPROPRIATING OUT OF NO. 102 GENERAL FUND, ACTIVITY 4298, $17,694, OF WHICH $17,664 IS FOR THE BASE. BID AND $30 FOR CHANGE ORDER NO. 1, ALL APPLICABLE TO JOB NO. 4298-63; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. • • Minutes Regular Council Meeting January 13, 1971 Pa9e 14 ORDINANCE NO. 10068 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONSENT AGREEMENT WITH THE TEXAS MCICAN RAILWAY COMPANY WHEREBY THE RAILWAY COMPANY AGREES THAT THE CITY MAY INSTALL, MAINTAIN, OPERATE AND REPAIR A 15 -INCH CONCRETE STORM SEWER PIPE TO BE ENCASED IN A 24 -INCH BY 14'FOOT METAL CASING UNDER T. M. SPUR TRACK NO. 66, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OLWHICH 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, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 10069 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF W.H.P., INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 18 AND 19, AND A PORTION OF OF LOT 17, SECTION 28, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, LOCATED IN THE'5300 BLOCK CI"' RODD FIELD ROAD, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO ESTABLISH A COMMUNITY UNIT PLAN ACCORDING TO ARTICLE 28, SECTION 28-3, DETACHED DWELLING DEVELOPMENT, AS MORE FULLY SET FORTH ON THE0PLOT PLAN ATTACHED HERETO AND MADE APART 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: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 10070 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO KELLY BELL OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 2-1/2" GAS LINE ALONG THE RIGHT OF WAY OF NAVIGATION BOULEVARD BETWEEN BEAR LANE AND HIGHWAY 44, 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: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. • Minutes Regular Council Meeting January 13, 1971 Page 15 FIRST READING OF AN ORDINANC?'AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE WITH CHARLES J. SMITH, TRUSTEE, ON PARK SITE, AS LOCATED IN GLEN ROYAL SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN IN VOLUME 9, PAGE 14, MAP RECORDS OF NUECES COUNTY, TEXAS, CONSISTING OF 1 .055 ACRES, AND ON WESTSIDE RECREATION CLUB SITE, BEING PARTS OF LOTS 1, 2, 5, 6, AND 7, WOODt4WN 02 SUBDIVISION, AS SHOWN IN VOLUME 4, PAGE 5, MAP RECORDS OF NUECES COUNTY, TEXAS, CON- SISTING OF 3.244 ACRES, FOR A THREE-YEAR PERIOD, BEGINNING MARCH 13, 1971, AND EXPIRING MARCH 12, 1974, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE. CITY MANAGER, TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A FIVE (5) YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZED BY ORDINANCE 7952, CONCERNING A TRACT OF LAND APPROXIMATELY 700 FEET BY 320 FEET OUT OF THE NORTHEAST CORNER OF THE HOLLY ROAD RESERVOIR -SITE, A5 SHOWN ON THE ATTACHED SKETCH, FOR THE PURPOSE OF ESTABLISHING AND'M4AINT WING A RECREATIONAL AREA, A COPY OF WHICH AGREEMENT I5 ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinanc.Awas read for the first time and passed to the second reading by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. SECOND READING OF AN ORDINANCE AMENDING SECTION 11-5 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NOS. 9915 AND 9975, PASSED AND APPROVED BY THE CITY`COUNCIL ON SEPTEMBER 9, 1970 AND OCTOBER 28, 1970, RESPECTIVELY, BY AMENDING THE SOUTHERN STANDARD BUILDING CODC 1969 EDITION, WITH 1970 REVISION, AND THE TABLE AND APPENDICES THERETP, BY AMENDING SECTION 101 OF CHAPTER 1 BY ADDING THERETO A SUBSECTION NUMBERED 101.6 RELATING TO HURRICANE PRECAUTIONS; AMENDING SUBSECTION 103.4 OF CHAPTER 1 SO AS TO INCLUDE UNDER UNSAFE BUILDINGS A STRUCTURE OR BUILDING THAT WOULD CONSTITUTE WINDSTORM HAZARD; AMENDING SECTION 105 OF CHAPTER 1 SO AS TO ADD TO SUBSECTION 105.3 A NEW SUBPARAGRAPH (d), PLACING TOTAL BUILDING DESIGN RESPONSIBILITY IN DESIGN ARCHITECT OR AN ENGINEER; ADOPTING SUBSECTION 106.2, CONTRACTORS LICENSE AND BOND REQUIRED, OF CHAPTER 1 OF SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, EXCEPTING PAYMENT OF LICENSE TAX AND PROVIDING FOR BOND TO BE MADE PAYABLE TO THE USE AND BENEFIT OF THE INHABITANTS OF THE CITY; ADDING TO SECTION 108 OF CHAPTER 1 A NEW SUBSECTION, 108.3, PROVIDING FOR SPECIAL HURRICANE INSPECTIONS; ADDING TO CHAPTER VIII, SUBSECTION 802.1-B, SUBPARAGRAPH (a) SETTING FORTH REQUIREMENTS AS TO DESIGN, ANCHORING AND SUPPORT WITH SPECIAL ATTENTION TO WIND REQUIREMENTS, AND RENUMBERING THE PRESENT SUBPARAGRAPHS (a) THROUGH (f) ACCORDINGLY; ADDING TO SECTION 1203 OF CHAPTER XII AN ITEM TO FOLLOW PRESENT SUBSECTION 1203.1 (a), PROVIDING FOR DESIGNS OF CANTILEVERED PROJECTIONS; AMENDING THE TABLE UNDER SUBSECTION 1205.1 OF CHAPTER XII SO AS TO INCREASE THE DESIGN PRESSURE, FOR SOUTHERN COASTAL REGION, OF BUILDINGS OR STRUCTURES • Minutes Regular Council Meeting January 13, 1971 Page 16 UNDER 30 FEET FROM 25 TO 40 POUNDS PER SQUARE FOOT HORIZONTAL LOAD, AND OF BUILDINGS 31 TO 50 FEET, FROM 35 TO 40 POUNDS PER SQUARE FOOT HORIZONTAL LOAD; AMENDING SUBSECTION 1205.5 (a) OF CHAPTER XII BY DELETING THE FIRST TWO SENTENCES AND IN LIEU THEREOF ADDING -A NEW SENTENCE PROVIDING FOR SIGNS TO CONFORM TO WIND DESIGN PRESSURE LOADS LISIEU; AMENDING SUBSECTION 1205.5 OF CHAPTER XII BY ADDING A SUBPARAGRAPH (d)CONCERNItVG CONSTRUCTION OF FENCES; AMENDING PARAGRAPH (a) OF SUBSECTION 1406.1 OF CHAPTER XIV TO PROVIDE THAT PARAPET WALLS SHALL BE DESIGNED TO WITHSTAND ALL APPLICABLE LOADING AS SPECIFIED IN THE CODE; -A ENFIING SECTION 1503 OF CHAPTER XV BY DESIGNATING THE FIRST PARAGRAPH OF SAI® SECTION AS SUBSECTION 1503.1, AND THE SECOND PARAGRAPH OF SAID SECTION AS SUBSECTION 1503.2;ADDING SUBSECTION 1503.3, PERTAINING TO DESIGN AND IttlArltittALS-OF4ZIOLO4FORMED STEEL, AND SUBSECTION 1503.4, PERTAINING TO STEEL ROOF DECK CONSTRUCTION; ADDING•TO CHAPTER XXV OF THE SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, A NEW SECTION, NO. 2506, PERTAINING TO MOBITEN ?ME STANDARDS; DELETING THE PRESENT SUBSECTION 1707.9 OF CHAPTER XVII -AVB-ll-tl%U THEREOF ADOPTING ANEW SUBSECTION 1707.9 PERTAINING TO ROOF COVERINGS, MATERIALS, SPECIFICATIONS AND CONSTRUC- TION; REPEALING ALL ORDINANCES IN CONF1iI€T HEREWITH; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and dta the third Breading by the following vote: Lozano, Bradley, de Ases,McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 10071 AUTHORIZING AND DIRECTING THE CITY MANAGER TO -EXECUTE A PIPELINE CROSSING LJCEnsE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CIA' - WILL INSTALL A 42 -INCH WATER DRAINAGE PIPELINE CROSSING RAILROAD RIGHT OF WAY IN JOHN STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN ON THE MAP WHICH IS PART OF SAID LICENSE, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF; AND DEGARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance tans passed bythe-follarwing vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 10072 APPROPRIATING OUT OF NO.:: 295 STORM SEWER BOND FUND THE SUM OF $100 FOR LICENSE PERMIT FEE FOR CROSSING OF MISSOURI PACIFIC RAILROAD RIGHT OF WAY NEAR THE INTERSECTION OF PORT AVENUE AND JOHNISTREET, PROJECT NO. *295-70-60; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fmllgwing vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. MiMites Regular Council Meeting January 13, 1971 Page 17 ORDINANCE NO. 10073 • BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION, ON THE QUESTION`OF EXTENDING AND AMENDING AN ORDINANCE AND FRANCHISE FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AND APPROVED BY THE MAYOR ON JANUARY 10, 1950, GRANTING TO CENTRAL POWER AND LIGHT COM- PANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE; DESIGNATING THE TIME AND THE PLACES FOR HOLDING SUCH ELECTION, NAMING THE OFFICIALS THEREFOR, PROVIDING FOR NOTICE OF THE ELECTION TO BE GIVEN, AND MAKING PROVISIONS INCIDENT AND RELATING TO SAID ELECTION, AND DECLARING ANtltr1ERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: toiano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 10074 DESIGNATING A CERTAIN 155 -ACRE TRACT BELONGING TO THE CITY OF CORPUS CHRISTI AND SITUATED WITHIN NUECES COUNTY, TEXAS, AS A WILDLIFE AND BIRD SANCTUARY AT THE O. N. STEVENS WATER PLANT TRACT; ADOPTING CERTAIN I€ GULATIONS FOR THE PRESERVATION OF WILDLIFE ON DESIGNATED WILDLIFE AND BIRD SANCTUARIES; PROVIDING FOR PENALTIES OF NOT MORE THAN $200 FOR VIOLATION; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. There being no further business to come before the Council, the meeting was adjourned.