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HomeMy WebLinkAboutMinutes City Council - 06/23/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 23, 1971 2:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order. The Invocation was given by Mr. Bob Glover, Minister at Arlington Heights Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of June 9, 1971, were approved as submitted to the Council . Mayor Sizemore announced that proclamations had been issued designating the week of June 23 - 30, 1971 as NURSING HOME WEEK, and June 21 - 25, 1971 as COMPUTER WEEK. • Director of Public Works Jack McDaniel opened and read bids on the following projects: a. Extension of Sanitary Sewer Trunk Lines from the presently under construction Flour Bluff Sewage Treatment Plant to Padre Island Drive to Waldron Road and then to the existing package plant at Laguna Business Center and along Matlock Street and Military Drive to the new lift station at Jester Street: Maverick Construction Company; T. H. Lee; Couch Con- struction Company; Heldenfels Brothers; Austin Engineering; Bella Construction Company; Burtex Constructors; and W. T. Young. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. b. Curb, sidewalk and street improvements to 136 blocks of 9.6 miles of streets in the Hillcrest area (Area Neighborhood Improvement Program): P., S., and F. Construction Company; Pat Canion Excavating Company; South Texas Construction Company; Burtex Con- structors; B $. E Construction Company; Heldenfels Brothers; and Couch Construction Company. • • Minutes Regular Council Meeting June 23, 1971 Page 2 The foregoing bids were tabled pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. c. Storm Sewer Improvements to a portion of Cabaniss Acres Subdivision,improvements to Housing Authority Site "A" at Trey Way and Holly, storm sewer and street improvements for 700 feet of Sacky Drive for Housing Authority Site "B", and extension of Weaver Street one block to Padre Island Drive: Maverick Construction Company; Chapman Construction Company; Heldenfels Brothers; Couch Construction Company; King Construction Company; Asphalt Paving & Construction Company; Burtex Constructors; and W. T. Young 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 Sizemore announced the public hearing on the proposed Master Sanitary Sewer Plan for that portion of Padre Island now under active development. City Manager Townsend described the plan from a schematic drawing prepared by the Engineers of the Padre Island Investment Corporation and recommended by the City Staff, showing the major aspects of the Master Plan. He pointed out the location of the sewage treatment plant and extension of sanitary sewers to all of the units in the areas owned by Padre Island as well as the area enclosed by the Gulf of Mexico and the boundaries of the subdivision known as Padre Island No. 1 and the Nueces County Park area. He explained the City's responsibility for utilities and that the land is within the City's extraterritorial jurisdiction. Mr. Townsend stated that the sewer system will be designed to standards then in effect, and the plant would serve up to 5,000 persons in its initial stage. He explained that in compliance with the Charter provision, the plan was submitted to the Planning Commission for review and recommendation, and that the Plan comes to the Council with the Planning Commission's approval subject to Padre Island investment Corporation furnishing sites for lift stations throughout the development. He stated that it is stipulated that no lift stations be constructed in City public street right-of-way, and that a commitment to this effect be made by the developer where additional site off of the street right of way would be provided for this purpose. He stated that Urban Engineering, Regional Planning, and all others involved in this Master Plan had concurred in the recommendation for approval. He explained that the • • Minutes Regular Council Meeting June 23, 1971 Page p plan is intended to serve future growth of this area; will be developed in stages as the area develops, and will take care of the foreseeable growth and demand. He stated it is a tertiary type of a plan and is consistent with planning over the past three years. No one appeared to speak in opposition to the proposed Master Sanitary Sewer Plan. Motion by Lozano, seconded by Stark and passed, that the hearing be closed. Motion by Lozano that the Master Sanitary Sewer Plan be approved as recommended by the Planning Commission and as presented by the City Manager. The motion died, for lack of a second Motion by Bonniwell, seconded by Gonzales and passed, that the foregoing matter be tabled for further study. City Manager Townsend stated the motion which was approved by the Council during the Regular Council Meeting of June 16, 1971, relative to the City's position regarding the application of Central Power and Light Company for water discharges into Cayo del Oso for the proposed Barney M. Davis Power Station, such action having been transmitted by letter to the applicant and the Texas Water Quality Board. He stated that the action, which con- curred in the recommendation of Public Health Engineer A. L. Cock, needs some clarification as to the Council's intent. He stated that in order to clarify the action, the words "not oppose" in the motion, should be changed to "recommends", and the wording of the third paragraph of the conditions should be changed deleting the words "emergency" and "along the south side of the cooling pond." Public Health Engineer A. L. Cock was present and concurred in the recommendation of the City Manager. Motion by Stark, seconded by Bonniwell and passed, that the action of the Council of June 16, 1971, regarding the application of Central Power and Light Company for water discharges into Cayo del Oso for the proposed Barney M. Davis Power Station, be amended to read "that the Texas Water Quality Board be advised that the City recommends approval of the application of Central Power and Light Company for water discharges into Cayo del Oso for the proposed Barney M. Davis Power Station, on the following conditions as recommended by Public Health Engineer A. L. Cock, and hereby amended: • Minutes Regular Council Meeting June 23, 1971 Page 4 1. That the spoil dredged from their intake channel injthe Laguna Madre be placed on Pita Island and on the mainland thereby eliminating any destruction of the nursery grounds that are on each side of the proposed channel and also eliminating any possible changing or rerouting of:natural currents in the area. 2. The monitoring of wells in the adjacent area as well as their suggested use of shallow well point systems for monitoring any chemical change adjacent to the cooling poryd. 3. Looking into the possibility of discharge back into the Laguna Madre if this procedure becomes necessary to avoid violations of the waste disposal permit to be issued by the Texas Water Quality Board and that the Texas Water Quality Board be notified of this amended action. City Manager Townsend presented the following recommendations: a. That the Commercial Apron Joint Sealing project at the Corpus Christi International Airport be awarded to the low bidder, Townsco Contracting Company of Oklahoma City, Oklahoma, for $5,039.50; b. That a five-year irrigation contract between the City and O. J. Beck, Jr., for the sale of irrigation water to be used on lands adjacent to Lake Corpus Christi near George West, be authorized; c. That plans and specifications for the construction of storm sewer improvements in the Richter Area on Sokol, Sacky, Milo and Johanna Streets, including 9,308 feet of storm sewer, be approved, and that bids be received on July 14, 1971; d. That the General Fund be reimbursed $79, 148 for engineering services during February, March and April, on 35 Bond projects, and that $31,215 be appropriated to be used with existing balances for the reimbursement; major projects and the amount of the reimbursement includes Molina Streets ($25,035), Alameda ($7,438), Hillcrest Streets ($6,707), Rolling Acres Sewers ($4,349), Airport runways ($5, 177), Ayers Street ($3,796), Gollihar ($3,303), McBride Storm Sewer ($3,796), other streets ($8,561), other storm sewers ($5,694), Giber sanitary sewers ($2,202), Cole Park ($1,524), and other projects ($1,566); e. That $900.00 be appropriated for appraisal services of Harold Carr in connection with right-of-way acquisition for Staples -Baldwin Intersection improvements ($300) and Clarkwood Ditch ($600); (The Staples apprai0a1 involved one parcel and Clarkwood Ditch, 3 parcels) • Minutes Regular Council Meeting June 23, 1971 Page 5 f. That the speed limit on southeast bound Ocean Drive be redu) ed from 45 mph to 35 mph from a point 125 feet east of Country Club Drive centerline to a point 1315 feet east of Country Club Drive centerline to reduce speed of motorists approaching the Alameda Ocean Drive intersection; cars turning onto Alameda to continue at an existing posted speed limit of 35 mph, and motorists continuing east on Ocean Drive to resume 45 mph after passing the intersection; g. That the date of July 21, 1971, at 3:30 p.m. be set for a public hearing on the following zoning applications: (1) Ward Foods Restaurants, Inc. - from "B-1" to "B-4", on west line of Everhart Road, south of South Staples Street. (2) Feudo Foodtown #2 - from "R -1B" to "B-1", on west side of Airline Road, North of Gollihar Road. The Planning Commission - from "R -1B" to "R-2", on the west side of Airline Road, north of McArdle Road. (4) Egyptian Corporation - from "R -1B" to "A-1", on the north side of Egyptian Drive, east of the Oso Golf Course. (3) That the date of Monday, July 26, at 4:00 p.m. Special Meeting, be set for a public hearing on the following zoning applications: (1) M. Harvey Weil - from "8-4" to "1-2", on the southwest side of Lexington Boulevard, south of Leopard Street. (2) Wm. S. Hopkins & Company, Trustee - from "AB" to "B-4", on the southwest side of South Staples Street, south of Collingswood Drive. (3) Oscar Spitz & Marcus Lutr - from "R -1B" to "B-1", on the northwest comer of Holly and Airline Roads. (4) H. L. Edens - from "R -1B" to "1-2", on the northside of South Padre Island Drive, west of Crosstown Freeway. That the date of August 4, 1971, at 3:30 p.m. be set for a public hearing on the following zoning applications: (1) John Thomason - from "F -R" to "1-2", on the southeast comer of dH #37 .and Suntide Road. . (2) Fred A Webster - from "F -R" to "B-1", an the northeast corner of Waldron Road and Caribbean Drive. (3) Mrs. Juanita Tingle - from "R -1B" to "AB", on the south side of Houston Street, east of Kostoryz Road. • • Minutes Regular Council Meeting June T3, 1971 Page 6 (4) Bishop Mobile Homes - from "1-3" to "1-2", east of Lexington Boulevard, west of Lantana Street, south of Leopard Street. h. That Parcel No. 30 for Bayfront Open Space Parksite No. 4, being Lots 5 and 6, Block 4, Cole Place Addition, be acquired by condemnation from Mr. Fred Flato; (This is one of the four parcels in the site at Doddridge, and HUD assistance is available for 50% if acquired by August) i. That $14,000 be appropriated in connection with the construction of the Laguna Madre Water Line, including $11,200 for additional resident inspection and supervision, $300 for transportation, $1,500 for laboratory testing and $1,000 for further related but unanticipated expenditures; (The rate of construction by the contractors has often required three rather than two inspectors and some overtime. Also, the Corps of Engineers required a $900 underwater inspection which was not planned) j. That a contract be awarded to Federal Copper & Aluminum Company, Minneapolis, Minnesota, for $11,977.75 to, furnish Warehouse Inventory with 25,150 feet of various sizes of Copper Tubing on the basis of low bid meeting specifications; (Bids were received from fourteen firms, and the low bid reflects a 42% price increase from the last purchase; (Bid Tab. #18-71) k. That Hurricane Celia Damage Repairs to West Guth Park Comfort Station No. 1 be accepted as complete; final payment of $4,393 be made to Mayfield Construction Com- pany; the requested ten day time extension be granted, and no liquidated damages be charged, the delay having been caused by non -arrival and breakage of materials; 1. (Considered separately) m. That Hurricane Celia Damage Repairs to Memorial Coliseum be awarded with the deletion of insulation but include glass doors, to the low bidder, Manson Industries, in the amount of $42, 189.60; of this amount, the insurance will pay $26,021 .05, O.E.P. will pay $8,471.35, and the City cost will be $7,677.20. Motion by Branch, seconded by Bonniwell and passed, that the City Manager's Reports, Items "a" through "m" (Item "1" considered separately'), be accepted, and that the requests and recommendations be granted and approved as presented. • Minutes Regular Council Meeting June 23, 1971 Page 7 ORDINANCE NO. 10310 REDECLARING, UNDER ART. 5890e, V.A.C.S., 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. 5. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, 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 HOUSINGTURPOSES WITHIN THE CITY AS HERETOFORE 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: Sizemore, Boniiwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10311 AUTHORIZING THE CITY MANAGER TO EXECUTE A'CONTRACT WITH TOWNSCO CONTRACTING COMPANY, INCORPORATED-fCrT11E"COMMERCIAL APRON JOINT SEALING AT CORPUS ;CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 117 AIRPORT F>TY, AL'rT1ViTY5411,CODE 345, $5,039.50 FOR THE CONSTRUCTION CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting June 23, 1171 Page 8 ORDINANCE NO. 10312 AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR IRRIGATION CONTRACT WITH O. J. BECK, JR. FOR THE SALE OF IRRIGATION WATER TO BE USED ON THE LANDS FORMERLY OWNED BY KATHERINE M. PUGH, WHICH ARE LOCATED ADJACENT TO LAKE CORPUS CHRISTI, NEAR GEORGE WEST, ALL AS I5 MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10313 APPROPRIATING $31,215 OF WHICH $25,019 IS FROM THE NO. 220 STREET BOND FUND; $2,950 IS FROM THE NO. 295 STORM SEWER BOND FUND; $1,735 IS FROM THE NO. 250 SANITARY SEWER BOND FUND; $1,211 IS FROM THE NO. 245 AIRPORT BOND FUND; AND $300 IS FROM THE NO. 21;TRANSIT SYSTEM BOND FUND; TO SUPPLEMENT $47,933 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR ENGINEERING AND CONTINGENCIES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCCU NTING DIVISION, A COPY OF WHICH 15 ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $79, 148 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING THE PERIOD OF FEBRUARY 1, 1971, THROUGH APRIL 30, 1971; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10314 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT1 WITH MANSON INDUSTRIES FOR HURRICANE CELIA DAMAGE REPAIRS TO MEMORIAL COLISEUM; APPROPRIATING OUT OF NO. 102 GENERAL FUND, ACTIVITY 4298, CODE 502, THE SUM OF $42,189.60 FOR THE AFORESAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10315 VACATING THE UTILITY EASEMENT BETWEEN LOTS 30 AND 31, BLOCK E, JACKSON WOODS SUBDIVISION, SUBJECT TO DEDICATION OF A REPLACEMENT 5 -FOOT EASE- MENT BETWEEN LOTS 2p AND 30, BLOCK E, JACKSON WOODS SUBDIVISION; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 23, 1971 Page 9 • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10316 ABANDONING THE 15 -FOOT UTILITY EASEMENT CROSSING THE NORTHEAST PORTION OF A 20.054 ACRE TRACT OF LAND IN AND ADJACENT TO GULFWAY AIRLINE PARK, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON DELIVERY TO CITY OF SUBSTITUTE EASEMENTS ACCORDING TO REPLAT OF THE AFORESAID TRACT OR PARCEL OF LAND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10317 APPROPRIATING $900 FOR APPRAISAL SERVICES BY HAROLD CARR IN CONNECTION WITH THE ACQUISITION OF RIGHT-OF-WAY, OF WHICH $300 IS OUT OF NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-67-94, STAPLES-BALDWIN INTERSECTION IMPROVEMENTS, PARCEL NO. 1, AND $600 IS OUT OF THE NO, 29.' STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 245-67-46, CLARKWOOi.< DITCH, HIGHWAY 44 TO 050 CREEK, PARCELS NO. 16-1, 16-2, AND 20; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance woe -passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10318. APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND, $14,000 FOR CONTINGENCY AND INCIDENTAL COSTS IN CONNECTION WITH CONSTRUCTION OF THE LAGUNA MADRE WATER LINE, PROJECT NO. 202-68-29.3 (PART B); SUPPLE, MENTING FUNDS PREVIOUSLY APPROPRIAT ED BY ORDINANCE NO. 9871; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: '$izemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY DELETING THEREFROM THE REFERENCE TO OCEAN DRIVE, FROM THE NORTH GATE OF CORPUS CHRISTI NAVAL AIR STATION TO A POINT 400 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET, AND IN LIEU THEREOF ADDING PROVISION FOR OCEAN DRIVE, NORTH AND WEST BOUND TRAFFIC, AND OCEAN DRIVE, SOUTH AND EAST BOUND TRAFFIC, AT THE SPEED LIMITS SHOWN HEREINAFTER; PROVIDING FOR PUBLICATION. • Minutes Regular Council Meeting June 23, 1971 Page 10 The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". City Manager Townsend discussed item "I" and stated his recommendation that a contract with Urban Engineering be authorized for Professional services related to the construction of sewer facilities on Padre Island, Corpus Christi,ljncluding a sewage treatment plant, interceptor lines, force mains, and lift stations, and that the contribution by Padre Island Investment Corporation be appropriated to provide a fee based on a maximum cost of $175,000, based on 6-1/4% of $2,800,000. He stated he had been advised by Urban Engineering that Padre Island Investment Corporation will provide an appropriate letter of credit of $175,000 in support of such contract, and that this provision is to be incorporated in the recommendation. Motion by Bonniwell, seconded by Stark and passed, and that the foregoing recommendation be approved as presented. City Manager Townsend read the resolution appearing on the agenda for second reading declaring the intent of the City Council to cooperbtelwith the Oso Development Company in the development of the Cayo del Oso. Mayor Sizemore invited comments from those in the audience with reference to the foregoing resolution. Mrs. Patricia Suter, 1002 Chamberlain, president of the Corpus Christi Outdoor Club, presented a formal statement from this organization in opposition to the granting of the proposed contract to the Oso Development Company, basically for the reasons that it will destroy beyond repair, the estuary as a nursery ground; use of public funds to assist a private group in such development; and that the $750000 should be spent in alleviating the odor problems and developing the Osointo a nature area to be enjoyed by all citizens. (Council Exhibit 06-71) Mr. Johnny W. Cotten, 8206 Seashore, appeared speaking fol• the Corpus Christi Professional League, and stated they support the upgrading and cleaning up of the Oso but proposed a people's project. He objected to the proposed contract with Oso Development i Minutes Regular Council Meeting June 23, 1971 Page 11 Company stating that research had concluded that estuaries are rapidly being surrendered to commercial uses, and that this trend toward conversion of our Coastal areas should be halted if marine life breeding areas are to be preserved. He stated that the Oso is more than a tidal flat and could be developed into a fine water recreation area. Dr. Hans Suter, 1002 Chamberlain, opposed the granting of the proposed contract stating that the estuaries should be preserved and that future generations would hold us responsible for its destruction. Mr. Phil Dering, 3333 Casa de Amigos, spoke in opposition stating that the City Council should "face up to our ecology problems and act constructively." He alleged that at least some of the odor from the Oso is coming from the effluent from the City's sewer plant and not from algae. Mayor Sizemore pointed out the City's efforts toward preserving the ecology of the area through appointment of committees and enforcement of State regulations relative to waste dis4harges, air pollution, etc. Mrs. Kay McCracken, 11544 UpRiver Road, spoke in opposition, stating she was speaking as an individual and a taxpayer, and that she was very concerned about the ecological damage the proposed development would do to the Oso. She stated that she, as a developer, had broadened the City tax base with a fifty thousand dollar improvement on UpRiver Road some eight years ago, and that the City did not contribute anything, but instead she had donated a strip of land 600 feet long and ten Feet wide without any reimbursement whatever. She stated she did not see how this Council could justify "robbing individual taxpayers and at the same time spend this large sume of money promoting those who do not pay taxes." Mr. Gene W. Blacklock, 3458 Southland, coordinator of the State Fish -Eating Bird Survey, described the Oso as a fertile, productive area and the only nesting area in this region for the white pelican. He read and presented a written statement in support of his opposition. (Exhibit 07-71) Others appearing and speaking in opposition to the proposed resolution were: Mrs. Jim Alice Scott, 553 Handover; Miss Kay Hustus of Y.W.C.A.;and Mr. Harley Moody, 326 Clare- more, local highschool teacher. • • Minutes Regular Council Meeting June 23, 1971 Page 12 Mrs. Scott questioned whether or not public rights of way would be provided within the development; whether or not the City had made an investigation relative to moratorium for development; estimated cost of sewage disposal; involvment of City Staff time; whether or not the Oso Development Company is represented by legal counsel; if the proposal encompasses acquisition of private property; and the City's making a commitment without full knowledge. Mrs. Scott stated that OPUS, of which she is president, will be present and present further comments before the final reading of the resolution. Attorney Wm. Shireman pointed out that the Navy had expressed concern of the continued buildup of residential homes near the flight patterns of the Navy, and that this could affect the Navy's remaining in the Corpus Christi area. He questioned whether or not the Navy had been advised of this proposed development. City Manager Townsend stated that the Oso Development Company had been made fully sware of the Navy in Corpus Christi, flight patterns had been pointed out, and that it is not anticipated that developments will occur within or near the flight patterns. Mayor Sizemore asked City Secretary Kring to poll the Council for vote on the resolution appearing on the agenda for second reading identified as Ordinance "b". SECOND RE CDING OF A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL OF CORPUS CHRISTI TO COOPERATE WITH THE OSO DEVELOPMENT COMPANY IN THE DEVELOPMENT OF THE CAYO DEL OSO. The foregoing resolution was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gdnzales, Lozano and Stark, present and voting "Aye". City Manager Townsend explained that there are two proposed amendments to the ordinance authorizing a contract with Padre Island Investment Corporation for construction of a sewage treatment plant and collection system on Padre Island which have not been discussed with Padre Island Inveftment Corporation, and that he would recommend that the finalreadingof the ordinance be deferred until these amendments here been discussed. It was concluded that this be done between the second and third reading. • • Minutes Regular Council Meeting June 23, 1971 Page 13 SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORA- TION CONCERNING CONSTRUCTION OF A SEWAGE TREATMENT PLAN1[ AND SEWAGE COL4ECTION SYSTEM, TO BE LOCATED ON PADRE ISLAND, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10319 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR PROFESSIONAL SERVICES IN CONNECTION WITH CONSTRUCTION OF SEWER FACILITIES IN PADRE ISLAND -CORPUS CHRISTI PROJECT, SAID FACILITIES TO INCLUDE A SEWAGE TREATMENT PLANT, INTERCEPTOR LINES, FORCE MAINS, AND LIFT STATIONS; APPRO- PRIATING $175,000 OUT OF NO. 102 GENERAL FUND FOR THE AFORESAID PROFESSIONAL SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Starr, present and voting "Aye". City Manager Townsend presented for the Council's consideration the following recom- mendations supplemental to the City Manager's Reports: That the Public Works and Engineering activities be reorganized to enable the Director of Public Works to concentrate his efforts on the immediate problems facing Public Works in areas other than engineering and to bring new emphasis to expanded engineering responsibilities, and to implement this action, the following steps are recommended: a. The position of Director of Engineering Services be established at salary grade 42. b. The Engineering and ROW activities from Public Works and the design group from Park Construction be transferred to the new Engineering Services Department and Engineering Services be assigned all platting coordination and approval requirements of Public Works. c. The positions of First Assistant Director of Public Works (grade 39) and Second Assistant Director of Public Works (grade 36) be combined into Assistant Director of Public Works (grade 36). d. Mr. James Lontos, now First Assistant Director of Public Works, be confirmed as Director of Engineering Services. Motion by Bonniwell, seconded by Bosquez and passed, that the foregoing recommendation be approved as presented. • Minutes Regular Council Meeting June 23, 1971 Page 14 Mayor Sizemore: asked if there were those in the audience who wished to speak on matters not scheduled on the agenda. No one appeared. Following a brief recess, Mayor Sizemore called the meeting to order and announced the Council would hold the scheduled public hearings on four zoning applications. He asked that it be noted that all members of the Council and the required Charter Officers were present. He explained the new procedure to be followed whereby each member of the Council, prior to the meeting, is furnished with copies of the complete histories and minutes of the Planning Commission hearings, recommendations, and Staff's comments; that the Council will make their determinations based on these findings and concur in these recommendations unless substantial evidence is presented which they feel would warrant overruling these findings. He stated those in the audience desiring to submit evidence which they feel would justify their opposition to the Planning Commission's recommendation, would be heard. Mayor Sizemore announced Application #471-2, Santa Fe Townhouses, Inc., for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lots 1 through 9, Lots 56 through 64, and Lots 24 through 42, Block 415,Port Aransas Cliffs (known as Santa Fe Townhouse), located in the 3500 Block of Santa Fe Street. He stated it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof a Special Permit be granted for townhouses according to an approved plot plan. The Staff concurred in the recommendation. City Manager Townsend stated that the case was heard by the Planning Commission on April 13, 1971, and opposition registered had placed the foregoing application under the 20 percent rule. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and that Application #473-2, Santa Fe Townhouses, Inc., for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lots 1 through 9, Lots 56 through 64, and Lots 24 through 42, Block 415, Port Aransas Cliffs (known as Santa Fe Townhouses), be denied, but in lieu thereof a Special Permit be granted for townhouses according to the approved plot plan, and that an ordi nonce be brought forward effectuating the special permit. • Minutes Regular Council Meeting June 23, 1971 Page 15 Mayor Sizemore presented Application #571-1, Richard E. Garza, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 10C, Block 2, Browning Acres, located in the 2900 Block of Horne Road. He stated the request was heard by the Planning Commission May 11, 1971, and forwarded to the Council with the recommendation that it be denied; that the Staff concurred in this recommendation on the basis that the property is located in the center of a residential area and any business uses would tend to break down the residential character of this neighborhood; would tend to create additional ttiaffia congestion on Horne Road. Amador Garcia, attorney representing the applicant, stated that the Planning Commission heard their request for "AB" zoning, and as an alternate request a Special Permit for a beauty shop, but stated that they had not reviewed the site plan for the special permit. He presented the site plan to the Council stating that they propose to have fifteen chairs, including dryers and shampoo tables; that the building is proposed to be at the rear of Lot 10C with appropriate screening fence, drainage and landscaping; that there will be no objectionable signs; that the development represents an investment of some $20,000, and the architectural design will blend with the residential character of the neighborhood. He pointed out that there was no opposition at the hearing and no opposition received in response to the notices mailed out by the Staff . He stated they are requesting reconsideration of the request for the Special Permit according to the site plan submitted. City Manager Townsend explained that the site plan presented shows two lots which includes the adjacent lot proposed for parking. He pointed out that this request for a parking lot would have to go before the Board of Adjustment. He explained that the Council's concern for action on the request is only on the corner lot; that if it is resubmitted to the Planning Commission on two lots, it would be a new application; that the Commission could not reopen the hearing, but that the Council could seek advice from the Commission. Mr. Garcii3 proposed to resubmit the site plan excluding the second lot, stating that the parking was considered at the Commission hearing but that the Planning Commission's recommendation was based on one lot. He stated, as an alternative request, that they reduce the size of the building and the number of chairs, and requested that the Council disregard the site plan presented. • • Minutes Regular Council Meeting June 23, 1971 Page 16 Two persons appeared and spoke in opposition to the foregoing request: Mr. David L. Covarrubias, 2918 Horne Road, and Mrs. Cynthia Gutierrez, 2918 Horne Road. Mrs. Gutierrez pointed out that there was another beauty shop in operation located on Lot 30 across from the subject property on Townsend Street. Mr. Garcia requested that the Council act on the corner lot now and that they would make a new application to the Planning Commission for rezoning on the adjacent lot to be used for parking. Motion by Gonzales, seconded by Stark and passed, that the hearing be closed. Motion by Gonzales that the recommendation of the Planning Commission be overruled and that Application #571-1, Richard E. Garza, be granted as applied for. The motion died for lack of a second. Motion by Bonniwell, seconded by Branch and passed, Stark and Bosquez voting "Aye", that the recommendation of the Planning Commission be concurred in and that Application #571-1, Richard E. Garza, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 10C, Block 2, Browning Acres, be denied. Mayor Sizemore presented Application #571-3, H. L. Fields, for change of zoning from ".R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 42, Block 2, Washington Addition, located in the 900 Block of National Drive. He explained that the case was heard by the Planning Commission May 11, 1971, and forwarded to the Council with the recommendation that it be denied, and that the Staff concurred in this recommendation. Senior City Planner Larry Wenger pointed out the location and land uses -in.the area stating that the majority of this area is developed with single-family dwellings. Mr. H. L. Fields, applicant, spoke on behalf of the request stating that he owned the subject property and desired to sell it to be used for the expansion of the adjacent church which was damaged by Hurricane Celia if it could be rezoned for Neighborhood Business use. He pointed out the need for a church in that area. He stated that the application before the Planning Commission was for a small business establishment. City Manager Townsend explained to Mr. Fields that he would not need a change of zoning for the establishment or expansion of a church, and suggested that he withdraw the request. • Minutes Regular Council Meeting June 23, 1971 Page 17 Planning Director William Anderson explained that after Mr. Fields filed the application, the Planning Staff had made numerous attempts to contact him without success. Mr. Wm. Shireman, attorney, spoke in opposition to the request and briefed the Council on zoning laws, stating that if a comprehensive plan had been adopted as has been for the Hillcrest area, then substantial evidence must be presented to show that the general welfare, health and safety of the community will be promoted and not just for the special benefit of one person; and that any action taken to amend that plan would be arbitrary and capricious. Motion by Lozano, seconded by Branch and passed, that in view of the apparent lack of understanding on the part of the applicant, a special exception be made in this case and that Application #571-3, H. L. Fields, for change of zoning on Lot 42,. Block 2, Washington Addition, be considered withdrawn and that one-half of the filing fee be -returned to the applicant. Mayor Sizemore presented Application #571-4, Audora G. Gutierrez, for change of zoning from "R-1" Apartment House District to "AB" Professional Office District, on all of Lots 1 and 2, Block 24, Nueces Bay Heights Addition. He stated,the case was heard by the Planning Commission May 11, 1971, and forwarded to the Council with the recommendation that it be approved as requested, and that the Staff's opinion was that the request be denied. Larry Wenger located the property on the map, described the land uses in the area and explained that a field check of this property showed that it appeared unlikely that the operation could be located on this site since it is completely developed at this time and there would be no room for off-street parking or other necessary facilities. He stated that the property is also located within the Code Enforcement Program for Hillcrest area which improve- ments are presently under way. Mr. Wm. Shireman, Director of the Legal Aid Office, stated he was opposed to this application,and the recommendation of the Planning Commission that it be approved, on the same basis as previously stated that substantial evidence hod not been presented to show that the general welfare, health and safety of the community will be promoted. He pointed out that the area is being improved through Code Enforcement and Neighborhood Improvement Programs, and any action on the part of the Council to change these plans would be arbitrary and capricious. Minutes Regular Council Meeting June 23, 1971 Page 18 Mr. J. Preston Pullen, 1421 Stillman, Chairman of the Hillcrest Neighbbrhood Association, spoke in opposition, stating that he concurred in the statements of Mr. Shireman, and that these views are shared by all residents in the Hillcrest Area. In answer to a question as to why the Hillcrest Association was not represented at theiCommission hearing, Mr. Pullam stated they probably did not know aboutit. City Manager Townsend explained that all members of the Hillcrest area were not within the 200' notification area. He further pointed out that the 20 percent rule is not in effect because the subject property is platted to face Koepke, even though the address is shown on Nueces Bay Boulevard. Mrs. Audora Gutierrez, stated that she requested the change of zoning so that she would be able to locate her beauty shop hear her home and her husband who is a disabled veteran. She explained that the proposed beauty shop would house two working and four drying chairs, and that the new building would face on Nueces Bay Boulevard. She stated that the develop- ment would be two separate buildings. Mrs. Gutierrez further pointed out that there are two other beauty shops in the immediate area. City Manager Townsend stated that two separate buildings would not be allowed on one lot notwithstanding the Planning Commission's recommendation that "AB" zoning be approved. He further explained that there are numerous illegal and nonconforming uses in Hillcrest which were not detected at the time of the ground study but that it hos been the goal to eliminate these as far as possible. He advised Mrs. Gutierrez to communicate with the Inspection Department of the City for advice regarding the buildings. He stated that it was apparently not pointed out to the Planning Commission that the requested "AB" zoning would be in conflict with the Code Enforcement Program, but that the Staff's comments were that the change would tend to destroy the efforts and goals of this program. Planning Director Wm. Anderson stated that the Planning Commission was aware of the Code Enforcement Program, but it was their opinion that the "AB" zoning would serve as a buffer between the industrial i area and the single' -family dwelling distrct, and that he agreed with this theory. s Minutes Regular Council Meeting June 23, 1971 Page 19 'Motion by Stark, seconded by Bonniwell and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, with Stark and Bosquez voting "Aye", that the recommendation of the Planning Commission be overruled and that Application #571-4, Audora G. Gutierrez, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District, on all of Lots 1 and 2, Block 24, Nueces Bay Heights Addition, be denied. There being no further business to come before the Council, the meeting was adjourned.