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HomeMy WebLinkAboutMinutes City Council - 07/21/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 21, 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 J. Howard Stark City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order. The Invocation was given by the Reverend Harold Branch. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Bonniwell and passed, that the absence of Commissioner Lozano be excused for just cause. The Minutes of the Regular Council Meeting of July 14, 1971, were approved as submitted to the Council. Mayor Sizemore recognized the presence of 33 Girl Scouts, representative of Corpus Christi Troops Nos. 275, 74, 66, 382 and 40, who were attending the Council Meeting in connection with a four-day workshop on Community Citizenship. They were accompanied by their sponsor, Mrs. M. G. Thompson. City Manager Townsend presented for the Council's approval the following recommendations: a. That the 1971-72 supply contract for janitorial paper supply items be awarded to the low bidder meeting specifications, Century Papers, Inc., Corpus Christi, for $55,324.50, bids having been received from two firms, and the price reflecting a 2.4% increase from 1970-71; (Bid Tabulation #32-71) b. That the 1970-72 supply contract for standard stock forms be awarded to the low bidder, Allied/Egry Business Systems, Houston, Texas, for $3,882.39, bids having been received from six firms; requirements of Corpus Christi Indepen- dent School District being included in the bid for separate award by the District, and the price indicating an 8.8% increase from last year. (Bid Tabulation #33-71) c. That a 5 -foot utility easement across the northwest boundary of Annex A, Kostoryz & Gollihar Center, located parallel to and 100 feet to the east of Kostoryz and perpendicular to Gollihar, be abandoned at the request of the owner, Mr. J. E. Smothers; (There are no utilities in the easement which is designed to serve only this particular lot) • • Minutes Regular Council Meeting July 21, 1971 Page 2 d. That the contract for construction of drainage improvements in the Richter Area be awarded to T. H. Lee Contractors for $135,372.62, the project including storm sewers in Milo, Johanna, Sacky and Sokol Streets; an appropriation of $143,000 is requested to cover the award plus related costs and engineering; (The apparent low bid of Chapman Construction Company contained extension errors, which when corrected, made the bid second) e. That permanent repairs to the 27" sanitary sewer line which washed out during Hurricane Celia in Turkey Creek, be carried out by Change Order to the Rolling Acres Sanitary Sewer contract of Heldenfels Brothers for $7,900, with at least $2,300 of the cost being eligible for reimbursement from the Office of Emergency Preparedness; f. That an ordinance be authorized clarifying the authority of the Assistant City Manager to act and serve as City Manager in the absence or disability of the City Manager; g. That a 50 -year lease be approved with Southwestern Bell Telephone Com- pany for a 30' x 30' area at International Airport, located along a clear zone, to relocate a repeater station that connects Corpus Christi with the San Antonio area, the lease having been approved by FAA and containing a cancellation clause if the land is needed for aeronautical purposes; the City to receive the $500 payment in advance; the relocation being necessary because the construction of Highway 44 will take the existing facility and can only be moved a short distance from the present location; h. That Parcel No. 5, being 12' x 65' located along Staples Street, for the Staples -Baldwin Interchange Improvements,owned by Mr. and Mrs. Walter E. Nobles and described as a portion of Lot 2, Block 1, Arcadia, be acquired by eminent domain proceedings, the parcel being the last parcel required for the project; (The City has offered a new driveway along the edge of the park at City expense or acquisition for $460) i. That the appraised values of Parcels 25 through 39 and Parcels 3 and 5 of the South Staples Street project, needed for the improvement of Staples from Padre Island Drive to Saratoga, be approved, and that $40,000 be appropriated out of No. 220-70-107 project to cover acquisition and closing costs; (The State has been asked to carry out this project with the City paying for the right-of-way, drainage and curb and gutter; have been appraised by John Erickson or Paul Koepke, and if approved, this authority will allow acquisition at the listed appraised values without further City Council action) • Minutes Regular Council Meeting July 21, 1971 Page 3 J. That all horses in the City of Corpus Christi and within 5,000 feet thereof be required to be vaccinated against Venezuelan Equine Encephalomyelitis as recommended by the City -County Director of Health and Welfare, Dr. W. R. Metzger; k. That a contract with the State Highway Department be authorized for the installation of permanent traffic signals at the intersection of Brownlee Boulevard (S.H. 286 Access) and Leopard Street (Loop 407), such installation to be at State expense and maintained by the City; 'Completion time is estimated to be April 1972; the improved signal will be fixed time and will interconnect with the Uptown signal system; and all Central Power & Light service will be underground in this area when the work is completed) 1. That the City accept the bid of Corpus Christi Bank & Trust Company to serve as City Depository through May 4, 1973, on the basis of this being the best bid by a significant margin of the three bids received; (Bid Tabulation #34-71) m. That the bid award to Manson Industries on June 23, 1971, be terminated, the $1,500 cashier's check submitted as bid security be deposited as damages for the failure of Manson Industries to, within ten days, execute a contract; and the contract for Coliseum repairs be awarded to the second low bidder, Roofcraft, Incorporated, for $49,743.50; (The original low bid was $42,189.60) n. That a public hearing on the appeal of Kelly Bell, Oil and Gas Producer, from the denial of a permit by the Petroleum Superintendent to drill in Drilling Block 689 between Leopard, Port, Antelope and Leary Avenue, be heard at 2 p.m., July 28, 1971, in accordance with Sections 5, Pargraph 5.7 of the Land Drilling Ordinance; o. That the plans for improvements of Josephine Street from Winnebago to Lake, and McDonald Street from Matlock south, be approved and that they be included with Gollihar Road from Caddo to Kostoryz, and the opening of bids for Gollihar and minor intersections be deferred until August 11, 1971. Motion by Bonniwell, seconded by Branch and passed, that the City Manager's Reports, Items "a" through "o" be accepted, and that the requests and recommendations be granted and approved as presented. • • Minutes Regular Council Meeting July 21, 1971 Page 4 FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY, A CORPORA- TION, FOR THE MAINTENANCE OF A TELEPHONE RELAY STATION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT MARKED EXHIBIT "A", 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, and Stork, present and voting "Aye"; Lozano was absent. SECOND READING OF AN ORDINANCE GRANTING BLUEBONNET TRANSPORTATION COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PRO- VIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10357 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. S. 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 HOUSING PURPOSES 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, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10358 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 E. C. PETERSON, TRUSTEE, BY AMENDING THE ZONING MAP BY • Minutes Regular Council Meeting July 21, 1971 Page 5 CHANGING THE ZONING ON A 3.616 -ACRE TRACT OF LAND OUT OF LOT 14, SECTION H, BLOCK 9, PAISLEY SUBDIVISION OUT OF THE HOFFMAN TRACT SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10359 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $8695, OF WHICH $8,440 IS FOR ACQUISITION OF PARCEL NOS. 2 AND 3 AND $255 IS FOR INCI- DENTAL EXPENSES AND RELATED COSTS` APPLICABLE TO PROJECT NO. 295-67-46, CLARKWOOD DITCH HIGHWAY 044 TO OSO CREEK; AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS WITH THE OWNERS, BENNETT C. OCKER, ET AL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10360 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENTS FOR SACKY AND WEAVER STREETS, CABANISS ACRES SUBDIVISION, AND CORPUS CHRISTI HOUSING AUTHORITY SITES "A" AND "B"; APPROPRIATING $172,886.96 OUT OF NO.295 STORM SEWER BOND FUND AND $33,113.04 OUT OF 140. 220 STREET BOND FUND, FOR A TOTAL OF $206,000, FOR THE CONSTRUCTION CONTRACT AND FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule wasisuspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10361 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY THE REPEAL OF CHAPTER 2, ARTICLE III, OFFICE OF ADMINISTRATIVE MANAGEMENT, SECTIONS 2-21 THROUGH 2-28, AND THE ENACTMENT OF A NEW CHAPTER 2, ARTICLE III, CITY. MANAGER SUCCESSION; DESIGNATING THE ASSISTANT CITY MANAGER, CITY OF CORPUS CHRISTI, TO ACT AS CITY MANAGER IN CASES OF ABSENCE, DISABILITY, OR DEATH OF THE CITY MANAGER; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting July 21, 1971 Page 6 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present rnd voting "Aye"; Lozano was absent. ORDINANCE NO. 10362 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY 11 -IE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND. LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD; SAID CONDEMNATION BEING N;:CESSARY FOR THE ACQUISITION OF PARCEL NO. 5, BEING A PORTION OF LOT 2, BLOCK 1, ARCADIA SUBDIVISION, FOR STREET RIG -IT OF WAY, UTILITY AND OTHER MUNICIPAL PURPOSES, PROJECT NO. 220-67-94, STAPLES-BLADWIN INTERSECTION IMPROVEMENT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, WALTER E. NOBLES AND WIFE, W. VERNE NOBLES, TO CARRY OUT THE INTENTIONS OP THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye Lozano was absent. ORDINANCE NO. 10363 FINDING AN EMERGENCY EXISTS WITH REGARD TO VENZUELAN EQUINE ENCEPHALO- MYELITIS; AND FINDING VACCINATIONS REQUIRED IN CERTAIN EQUINES; FINDING A DANGER TO HUMANS; DECLARING UNVACCINATED EQUINES IN THE CITY LIMITS AND WITHIN 5,000 FEET OF THE CITY LIMITS A NUISANCE; REQUIRING THE VACCINATION OF CERTAIN EQUINES; REQUIRING A VACCINATION CERTIFICATE; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING A SEVERA- BILITY CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10364 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH T. H. LEE, CONTRACTOR FOR THE CONSTRUCTION OF RICHTER AREA DRAINAGE IMPROVE- MENTS, PROJECT NO. 295-70-73; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND $143,000.00 OF WHICH $135,372.62 IS FOR THE CONSTRUCTION CONTRACT AND $7,627.38 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. • • Minutes Regular Council Meeting July 21, 1971 Page 7 ORDINANCE NO. 10365 ABANDONING AN EASEMENT LOCATED ON THE NORTHWEST SIDE OF KOSTORYZ AND GOLLIHAR CENTER ANNEX "A", IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10366 AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 3 AND 5, AND PARCELS 25 THROUGH 39, SOUTH STAPLES STREET PROJECT; APPROPRIATING FROM 220 STREET BO1'D FUND $40,000 FOR SAID PURCHASES, APPLICABLE TO PROJECT 220-70-107; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10367 AUTHORIZING THE CITY MANAGER TO CONVEY TO EDJBERTOESCAMILLA AND WIFE, TERESA MOLINA ESCAMILLA, THE EAST ONE-HALF OF LOT 25, BLOCK 8, AIRPORT PARK SUBDIVISION AND TO RODRIGO DE LUNA AND WIFE, FRANCES DE LUNA, THE WEST ONE-HALF OF LOT 25, BLOCK 8, AIRPORT PARK SUBDIVISION, UPON TI -t PAY- MENT OF $600 CASH CONSIDERATION FOR EACH PARCEL, A COPY OF SAID CONVEY- ANCES BEING 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10368 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JULY 8, 1971, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE CONTINUED EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNAL AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. • • Minutes Regular Council Meeting July 21, 1971 Page 8 ORDINANCE NO. 10369 AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH HELDENFELS BEOTHERS FOR SANITARY SEWER IMPROVEMENTS FOR ROLLING ACRES, UNITS 1 AND 2, AND NAVIGATION INDUSTRIAL PARK FOR -THE REPAIR OF A 27" SANITARY SEWER LINE WASHED OUT BY HURRICANE CELIA, IDENTIFIED AS PROJECT NO. 109-5398-107; APPROPRIATING $7,900 OUT OF NO. 109 SEWER FUND, ACTIVITY 5398, CODE 502, APPLICABLE TO SUBJECT CHANGE ORDER AND SUPPLEMENTING FUNDS PREVIOUSLY APPROPRIATED FOR THE HELDENFELS BROTHERS CONTRACT BY ORDINANCE NO. 10131; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10370 DECLARING THE ABANDONMENT OF BID PROPOSAL OF MANSON INDUSTRIES FOR HURRICANE CELIA DAMAGE REPAIRS TO MEMORIAL COLISEUM FOR FAILURE TO EXECUTE THE CONTRACT AND FURNISH THE REQUIRED BONDS; ANNULLING THE AWARD OF SAID CONTRACT AS AUTHORIZED BY ORDINANCE NO. 10314, AND DECLARING FORFEITURE BY MANSON INDUSTRIES OF BID SECURITY IN THE AMOUNT OF $1,500, ALL AS SPECIFIED IN SECTION B-2-8, AS AMENDED, AND SECTION 13-3-6 OF THE SPECIFICATIONS APPROVED BY ACTION OF THE CORPUS CHRISTI CITY COUNCIL OF MAY 5, 1971; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF $49,743.50 IN FAVOR OF THE SECOND LOW BIDDER, ROOFCRAFT, INCORPORATED, FOR SAID REPAIRS; APPROPRIATING $7,553.90 OUT OF NO. 102 GENERAL FUND, ACTIVITY 4298, CODE 502, TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10314; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. Mayor Sizemore called for petitions on matters not scheduled on the agenda. Mr. Paul Montemayor, 4633 Vestal, Civil Rights representative and United Steel Workers Union, appeared and stated that local prices of building materials in Corpus Christi are out of line and are making it difficult for low income people to reconstruct their homes. He presented a sketch of a home which he stated was built for his brother-in-law at 361 Shawnee Street by a local contractor underanSBA loan for a total of $8, 129 which was a saving of some $2200 on materials which were purchased in San Antonio. He stated he felt this would be of interest to the Council because of the current housing emergency and the City's and other organization's involvement in new home development during the current emergency. He invited the Council to visit the home to see for themselves the quality • • Minutes Regular Council Meeting July 21, 1971 Page 9 of construction and make comparison as to costs. The Council accepted the invitation, and City Manager Townsend stated the matter would be referred to Urban Development Director for study. Reverend Billy S. Spivey, 2813 Soledad, representative of the Robert L. Moore community and associate pastor of a local church, appeared before the Council and made charges of Police brutality in the arrest July 19 of a seventeen year old negro girl for what he termed a minor offense of taking from a pickup truck near the Police Station, a hammer and later throwing it under the truck. He stated that before the incident was over, four cars of policemen wearing helmets and equipped with billy clubs and guns, converged on the scene to make the arrest. He stated there were some 20 persons who had witnessed the incident and would testify in the girl's behalf. Reverend Spivey emphasized that he was very interested in law and order, but that his complaint was directed to the manner in which the policemen had conducted themselves and stated that he was opposed to policemen wearing riot helmets. City Manager Townsend and the Council expressed concern stating the accusations were serious, and Mayor Sizemore called a special meeting for 8 p.m., Thursday, July 22, to receive a Staff report of the policemens' side of the incident. Mayor Sizemore reconvened the meeting at 3:30 p.m., and announced the scheduled public hearing on Application #371-5, Ward Foods Restaurants, Inc., for change of zoning on Lot 10, Block 2, Osage Addition, located in the 4600 Block of Everhart Road. City Manager Townsend presented background information on the application stating that the Planning Commission heard the case on March 30, 1971, at which time Mr. Tim Clower, agent for the applicant, stated that an automobile sales lot is proposed for the property, similar to the adjacent property. Mr. Townsend stated it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof, a Special Permit be granted for the operation of an automobile sales lot according to the plot plan approved by the Planning Commission providing for no parking along the rear property line so that the existing shade trees may be retained to act as a buffer between the proposed operation and nearby residences and lighting to be directed away from the residential area. • • Minutes Regular Council Meeting July 21, 1971 Page 10 Mayor Sizemore asked for those in opposition to the application who wish to state their reasons to do so. Mr. W. H. Stahl, 4901 Kostoryz, appeared before the Council and began to read a statement with reference to his zoning applications of the past and was ruled out of order by Mayor Sizemore. After several attempts requesting Mr. Stahl to refrain, Mr. Stahl was escorted from the Council Chamber. No one else appeared in favor or in opposition to the foregoing application. Motion by Branch, seconded by Bonniwell and passed that the hearing be closed. Motion by Bonniwell, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #371-5, Word Foods Restaurants, Inc., for change of zoning from "B-1" Neighborhood Busineu District to "B-4" General Business District, on Lot 10, Block 2, Osage Addition, located in the 4600 Block of Everhart Road, be denied, but in lieu. thereof a SPecial Permit be granted for the operation of an automobile sales lot according to the plot plan approved by the Planning Commission providing for no parking along the rear property line so that the existing shade trees may be retained to act as a buffer between the proposed operation and nearby residences and lighting to be directed away from the residential area, and that an ordinance be brought forward effectuating the Special Permit. Mayor Sizemore announced the public hearing on Application #471-3, Feudo Foodtown #2, for change of zoning on Lot 5, Block 8, Koolside Addition, located in the 800 Block of Airline Road. City Manager Townsend explained the application, stating that the Planning Commission heard the case on April 13, 1971, where the applicant stated that additional 30' x 40' storage space was proposed. The Commission recommended that the application be denied, but in lieu thereof a Special Permit be granted for additional storage according to the plot plan approved by the Commission restricting signs to the requirements of the "13-1" Neighborhood Business District. City Manager Townsend stated he believed the recommendation of the Planning Commission was meant to include all other requirements of "B-1" also. • • Minutes Regular Council Meeting July 21, 1971 Page 11 Mr. Guy Winstead, 917 Airline, appeared before the Council, objecting to the Special Permit. He stated that he believes when the applicant requests a certain zoning, he should be granted the zoning requested; and that this particular area is not suited for residential uses. A discussion ensued between the Council and City Manager as to what would be allowed under "B-1" zoning and the difference with the Special Permit. City Manager Townsend explained that if "B-1" zoning is allowed, all uses under that zoning could be constructed, whereas a Special Permit limits construction to one special use. Mr. Ronald Feudo, the applicant, appeared before the Council to explain. the usage of the needed space. He stated there is a barber shop in the building already in use and he would like to move it down into the space being requested. He presented a site plan of the area pointing out the present and proposed uses. Mr. Bert Haas appeared with Mr. Feudo to help explain the site plan. Mayor Sizemore inquired if the site plan was the one presented to the Planning Commission and was advised it was not. He then asked for the Council's alternatives in making a decision on this application. City Manager Townsend stated the application could be denied, could be approved as presented before the Council for additional storage space, or that it could be referred back to the Planning Commission for clarification on what usage was approved. No one else appeared in favor or in opposition to the application. Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, that the hearing be tabled and referred back to the Planning Commission for clarification on the Special Permit usage and site plan. Mayor Sizemore announced the public hearing on Application 0571-6, The Planning Commission, for change of zoning on all of Lots 5 through 16, Block 1; Lots 1 through 5, Lots 7 through 21, and the south 9'5" of Lot 22, all in Block 6, Koolside Addition, located on the west side of Airline Road between Gollihar and McArdle Roads. • Minutes Regular Council Meeting July 21, 1971 Page 12 City Manager Townsend presented background information on the application, stating that the Planning Commission heard the case on May 25, 1971, and after a lengthy discussion and hearing, recommended that the application be approved as requested. Mr. Townsend stated that the 20% rule is in effect. Mr. Guy Winstead, 917 Airline, appeared before the Council, opposing the application because his property is included in the application, and he believes it should be changed to "B-1" Neighborhood Business District it if is to be changed at all. He stated that he has lived on this property for 30 years; that traffic has become more and more of a hazard for the neighborhood as a single family dwelling district with homeowners having to back out of their driveways onto Airline Road; and that with a car wash next door, a service station on the corner, the fire station across the street and a grocery store on the other corner, this is no longer a residential area. He stated that many of the people would like to have a small business on their property such as a repair shop, flower shop and other small businesses with a 60' setback for parking area in front with the buildings located on the rear of the Tots. Mr. Winstead stated that if duplexes were to be built along this street that probably low- income housing is all that would be constructed and this would deteriorate the area more. Mr. R. A. Rehm, 1060 Dorothy, stated this is not a good place for homes and also believes that business zoning would be the most logical for the street. He did not believe that two family housing would benefit the present homeowners in this area. Mr. L. R. Morgan also opposed the proposed zoning and would be in favor of business zoning for this area. City Manager Townsend stated that seven letters had been received in opposition and five in favor since the Commission hearing. Senior City Planner Larry Wenger stated that the Planning Commission had requested the Staff to make a study of Airline Road and recommend zoning for this street that would be suitable to the neighborhood. The Staff recommended the "R-2" zoning to allow for the development of duplexes or housing to upgrade the neighborhood. He also stated that opposition had been received from the Fraser PTA as well as people in this area; and that the lots are small and not at all suitable for business development of any kind. • • Minutes Regular Council Meeting July 21, 1971 Page 13 Motion by Gonzales, seconded by Bonniwell and passed, that the hearing be closed. Motion by Gonzales to deny the application died for lack of a second. Motion by Stark, seconded by Branch and passed, that the application be tabled for fur+her study. Mayor Sizemore announced the public hearing on Application 0571-8, Egyptian Corporation, for change of zoning on a 15.47 -acre tract of land out of Lots 12 and 13A, Section 17, Flour Bluff and Encina) Farm and Garden Tracts, located in the 800 Block of Egyptian Drive. City Manager Townsend explained that the application was heard by the Planning Commission on May 25, 1971, and it was recommended that the application be denied, but in lieu thereof a Special Permit be granted for "R-2" uses limiting the total to 80 dwelling units of which 80% of the land area could be developed with duplexes and 20% developed with multi -family. He also stated that no site plan was presented at the Commission hearing. Mr. Ted Anderson, attorney representing the applicants, appeared and presented a site plan which he stated had been prepared after the Commission hearing but in accordance with their instructions. He stated he would like to do away with the continual use of special permits and be able to construct these dwelling units from deed restrictions; and that he has been before the Commission before in regard to this same pr operty, trying to get the project completed. A discussion ensued as to whether a site plan is required with a Special Permit or does the Council need to refer back to the Planning Commission for approval. Mr. Wenger stated he was certain that the intent of the Planning Commission was to grant the application limited to a certain number of units but he was not sure whether the Staff had failed to coordinate properly or if it was felt the Council has the authority to make a final decision in regard to the application and site plan. Commissioner Bosquez departed the meeting at this time. (4:35 p.m.) Commissioner Branch inquired if a site plan was needed and has the site plan been presented to the Planning Commission or prepared since the hearing. He was advised that the site plan had been prepared since the Commission hearing, but in accordance with instructions from the Planning Commission. Minutes Regular Council Meeting July 21, 1971 Page 14 Mrs. Johnson, 941 Egyptian, appeared and stated she was in opposition to the proposed zoning at this location or any other in the area. City Manager Townsend stated that two letters had been received in opposition to the proposed zoning, and one letter favor. Mr. Milton Fairbanks stated he had just bought a home in this area and would prefer to have the area remain one family. He stated that the proposed zoning would overcrowd the area and would present a traffic problem. Commissioner Stark inquired about the feasibility of streets being con,tructed through from the other side of the Golf Course and was advised that this was not a recommended solution. City Manager Townsend explained that much thought had been given to acquiring additional land by the City to keep housing construction away from the sewer pant;,but no decision had been made. He discussed the limitations of a special permit as to a time period being proposed for the total project. Mr. L. R. Richards, 6630 Pharaoh, appeared in opposition stating that traffic is of major concern to all in this area especially since the proposed project would empty all traffic into the surrounding residential area. Mayor Pro Tem Bonniwell departed the meeting at this time. Mr. Ted Anderson briefly explained that this was the third time this application had been before the Council and that it had been thoroughly discussed each time. A copy of his site plan was left with the Council. No one else appeared in favor or in opposition to the application. Motion by Branch, seconded by Gonzales and passed, that the hearing be closed. Motion by Stark and passed, that the application be tabled for further study and that it be referred to the Planning Commission for further recommendation. There being no further business to come before the Council, the meeting was adjourned.