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HomeMy WebLinkAboutMinutes City Council - 11/17/1971PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 17, 1971 2:00 P.M. 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 in the Council Chamber of the City Hall. The Invocation was given by Mayor Pro Tem.Charles A. Bonniwell. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of November 3, 1971, were approved as submitted to the Council. Mayor Sizemore proclaimed the week of November 21 through 27, 1971, as MAY- FLOWER COMPACT WEEK. The Government Class of Incarnate Word Academy was recognized as observers of government in action. Mr. Charles A. Bonniwell, Jr., father of Mayor Pro Tem Bonniwell, was welcomed as a visitor of the Council. Mr. Bonniwell is visiting his son and family here from Los Angeles, California. Mayor Sizemore called for the City Manager's Reports. Motion by Lozano, seconded by Bonniwell and passed, that the City Manager's Reports, Items "1" through "27" be accepted, and that the requests and recommendations be granted and approved as follows: 1. That bids be received at 11 a.m., December 7, 1971, for 7 Automatic Registering Fare Boxes and Pedestals for the Transit Division; 2. That bids be received at 11 a.m., December 7, 1971, for a bullet comparison Microscope and Camera for the Police Division; • Minutes Regular Council Meeting November 17, 1971 Page 2 3. That sealed bids for the sale of Lots 27 8, 28, Block 11, Steele Addition (2923 Morris Street), be received; (The City acquired and house and Tots from Miss Betty Westphal in 1958. Miss Westphal reserved a life estate in the property, and since her death the City has been renting the property but it's sale is now recommended) 4. That sealed bids for the sale of Lot 1, Block 121, Beach Portion (corner of Hughes and Railroad R.O.W.) zoned "1-2" Light Industrial District, be received; (The City acquired this property at a second tax sale on December 2, 1969, for $75 against a $1869 judgment) 5. That a contract be awarded to Browne's Harley Davidson, Corpus Christi, for the purchase of one 3 -wheel Police Service Car for $2,780.17, less trade-in of $500, or $2,280.17; (This is the only local source which can meet specifications. Price shows an increase of approxi- mately 16%) 6. That $4,500 be appropriated out of No. 250 Sewer Bond Fund for the construction of an 8 -inch sanitary sewer line in Sokol Drive to be constructed by City Forces; 7. That the no -cost lease for Opportunity House, 823 Furman, to the Coastal Bend Opportunity Center, Inc., be renewed for a period of three years to begin January 1, 1972, and terminate December 31, 1974; (This is an MH MR Program conducted for the purpose of educating and training mentally retarded children who cannot attend public schools; lessee is responsible for all utility and maintenance bills; either party can cancel on 90 -days written notice) 8. That the City sell a surplus City lot at 3214 Elgin, held on first delinquent tax sale, to Mr. George D. Hamilton for a cash payment of the appraised value of $1,100 subject to the two-year redemption period; (The total judgment against the property is $2,264 of which $1,883 represents taxes and interest. Mr. Hamilton owns and resides on the adjacent lot at 3210 Elgin and desires to build a garage on this property) 9. That the City sell a surplus City lot at 2317 West Broadway, acquired on first delinquent tax sale, to Mr. Ruben Butler for $500 cash, approved by all taxing agencies having an interest in the lot; (The appraised value is $375; total taxes and interest outstanding are $748 plus court costs or a total judgment of $939; the lot is 25° x 118.79; Mr. Butler owns and resides on the West 1/2 of this lot and needs the additional lot area to expand his present • Minutes Regular Council Meeting November 17, 1971 Page 3 one -car garage to a two -car garage; he is repairing his home and expanding this garage as part of the Hillcrest Code Enforcement Progami) 10. That the City accept the provisions of the State Highway Commission Minute: Order #65555 which provides for extension of FM 1694 (Callicoate Road) from Spur 407 (Leopard to I.H. 37); (Existing right-of-way is adequate and no improvements are contem- plated at this time) 11. That the City Council adopt a resolution assuring HUD that the City intends to comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (P. L. 91-646) with regard to the Code Enforcement Program application approved by the Council on August 11, 1971, existing Code Enforcement Programs, and the Hillcrest Open Space Project; 12. That the firm of Williams -Stackhouse and Associates be engaged to provide photographic planametric plan and profile sheets for the Gardendale area storm sewers project; (The Department of Housing and Urban Development has beenrequested to provide 50% of the cost of the project - the cost for plan and profile sheets is $5,200 based on 6.2 miles of streets at $835 per mile) 13. That December 8, 1971, 3:30 p.m., Regular Meeting be set for a public hearing on the following zoning applications: a. E. C. Peterson, Trustee - from "R -1B" to "B-1" on the northwest corner of McArdle and Airline Roads; b. Mrs. Ethel Martin and Mrs. O. J. Olson, from "R -1B" to "AB", on the east right-of-way line of Santa Fe Street, south of Ayers Street; c. Pete Leyba - from "R -1B" to "A-2", on the north right-of-way line of UpRiver Road, east of Nueces Bay Boulevard; d. Roy Smith & Ennis Joslin - from "R -1B" to "B-4", between South Padre Island and Mount Vernon Drives, and Prinston Drive and Everhart Road; e. Manual M. Garza - from "R -1B" to "13-4", on the east right-of-way line of Fifteenth Street, north of Morgan Avenue; f. Mr. & Mrs. Walter Groce - from "R -1B" to "B-4", on the east right of way line of Kostoryz Road, south of Padre Island Drive. 14. That Gollihar Road Improvements, Unit 119, Ayers to Kostoryz, be accepted as complete and final payment of $59,237.45 be made to Heldenfels Brothers; (The total cost • • Minutes Regular Council Meeting November 17, 1971 Page 4 of $282,535 exceeded the original contract by $7,695, primarily caused by $2,610 additional hot -mix to cross Ayers and at intersections to provide better transition, $2,864 of added driveways and sidewalks reimbursed by abutting owners, and replacement of over $4,000 of sidewalks found to be deteriorated or at an improper grade - the project was completed in 78 working days, less than one-half of the 160 working days allowed) 15. That the plans and specifications for the construction of sidewalks in the Coliseum area between Furman, Laguna, East Shoreline and Water Street, and for the expansion of the City Hall parking lot west of the City Hall to accommodate a total of 41 parking spaces, be approved, and bids be received on December 8th; (The project will double the parking spaces adjacent to City Hall and provide continuous sidewalks along both sides of Shoreline Boulevard from the Coliseum parking lot to Laguna Street, from Furman to Laguna on the west side of Shoreline, and :along each intersection street west to Water Street) 16. That the City enter into an agreement with the State Highway Department for the construction, maintenance and operation of Expressway lights on Padre Island Drive Expressway from Ayers Street to Airline Road, whereby the State designs and constructs the lighting system with the City paying one-half of the actual construction costs (approximately $76,700) and the State reimbursing the City for one-half of the cost of operation and maintenance of the system, and appropriate the $76,700 which will need to be placed in escrow with the State around December 1, 1971; 17. That the City enter into an agreement with Central Power and Light Company for the operation and maintenance of 188-53,000 lumen lights and 48-10,000 lumen wall pak units on Padre Island Drive (SH 358) Expressway from Ayers Street to Airline Road; (The monthly costs are: $4 each far 53,000 lumen units, and $2.50/mo for 10,000 lumen units) 18. That the plans and specifications for the addition and renovations to the T. C. Ayers Recreation Center be approved, including a 2200 square foot air conditioned social hall and office, and modifications to the existing building, be approved, and authority be granted to receive bids on December 8, 1971; 19. Recommendation that the City Manager be authorized to file an application for Open Space - Legacy of Parks 50% participation by HUD in the proposed $500,000 improve- ment program at Greenwood Park, the project including a large pool capable of serving 600 • • Minutes Regular Council Meeting November 17, 1971 Page 5 participants at one time, expansion of park by purchase of additional acreage, overall site work, parking facilities, picnic areas and playgrounds; 20. That $300,00 be appropriated for appraisal services required in connection with the Bayfront Open Space Project, Parksite No. 2, Parcel No. 18; 21. That plans and specifications be approved for construction of a fire station in Flour Bluff, and bids be received on December 8, 1971; 22. That the City Manager be authorized to rent office space in the Jones Building to provide offices for the Community Renewal Program and the Manpower Planning Office; CRP to occupy 617 square feet of space for $185.130 per month; Manpower Planning to occupy 500 square feet for $150.00 per month; and rent to be paid out of project funds on a month to month basis; 23. That the contract for Hurricane Celia Damage Repairs and improvements to the Exposition Hall be awarded to B.E. Beecroft Company, Inc., for $89,292.00, the project including betterment in both the Exposition Hall and the Coliseum, the cost to be distributed $11,000 from the Tourist and Convention Fund from unexpended balance from the Chamber of Commerce Convention Program, $25,000 from the Coliseum and Exposition Hall budget, and the balance from insurance and OEP resources; 24. That ordinances held up because of the President's price freeze, be passed carrying out the actions approved when the Budget was adopted increasing the parking meter fee from 5C to 10G in certain areas where there is a parking dificiency and doubling the fines for parking violations, involving the following streets: (1) Winnebago Street, from Upper N. Broadway to North Carancahua Street (2) Buffalo Street, from Upper N. Broadway to North Carrizo Street (3) North side of 600 block of Antelope Street (4) Antelope Street, from North Carancahua Street to North Carrizo Street (5) South side of 600 block of Leopard Street (6) Leopard Street, from North Carancahua Street to North Carrizo (7) Mestina Street, from Upper N. Broadway to North Carancahua (8) North Carancahua Street, from Mestina Street to Buffalo Street (9) North Carancahua .S,treet,..from Lipan Street to Buffalo Street (10) Upper Broadway, from Mesquite to Winnebago Street, except that portion described in Meter Zone 7 (11) 700 Block of Middle Broadway. • Minutes Regular Council Meeting November 17, 1971 Page 6 25. That Parcel 18 of Site 2, be reinstated in the Bayfront Open Space Project, and negotiations consistent with the appraisals be authorized; 26. That the appointment of Mr. T. M. Jarvis, Jr. be confirmed as Purchasing Agent effective December 1, 1971, at pay grade 34-D - $1139 per month; (Mr. Jarvis has a total of over 20 years experience with Delhi -Taylor and Hess, being Purchasing Manager for the past 8 years) 27. That the Highway Department be requested to construct a pedestrian overpass in the vicinity of Richter Street on Padre Island Drive with the understanding that the City will provide the right-of-way. City Manager Townsend presented the pending item relative to the request to close all of Carolyn Street located between Evergreen Drive and N.A.S. Drive adjacent to Lots 1, 2, and 3, Block "B", Flour Bluff Estates #1 Addition, which was the subject of a public hearing March 3, 1971, at which time there was one objector alleging that the closing of the street would create a traffic problem. Mr. Townsend stated it was the Staff's conclusion that the traffic postern will be improved and that it is his recommendation that the street be closed. Motion by Branch, seconded by Bonniwell and passed, that the recommendation of the City Manager be concurred in and that all of Carolyn Street, located between Evergreen Drive and N.A.S. Drive adjacent to Lots 1, 2, and 3, Block "B", Flour Bluff Estates #1 Addition, be closed and that an ordinance be brought forward effectuating the closing. Mr. Townsend presented the pending item of the request of Mr. Ed Prichard, representing Nicholson Building Supply, for the City to further participate in the cost of a bridge to Briar Wood, Unit 1. He stated that a settlement of $1,791 .75, equal to one-half of the disputed amount, had been agreed to by the developer, and that it is his recommendation that this amount be paid since the dispute had come about through a misunderstanding of the provisions of the Platting Ordinance. He stated it is the intention of the Staff to bring forth a recommendation to clarify the Platting Ordinance so that whatever basis for this misunderstanding would not again occur, and that the policy in the future would be that the City would rot participate in the cost of drainage -way structure for the first fifteen feet in length. Minutes Regular Council Meeting November 17, 1971 Page 7 Motion by Bonniwell, seconded by Bosquez and passed, that the recommendation of the City Manager be concurred in and that the developer be paid $1,791 .75 as a compromise settlement in the City's participation in the cost of the bridge, and that the agreement be consummated by proper release from the developer. ORDINANCE NO. 10556 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, Gonza les, Lozano and Stark, present and voting "Aye" RESOLUTION NO. 10557 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS PURSUANT TO UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970; 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". RESOLUTION NO. 10558 ADOPTING HIGHWAY COMMISSION MINUTE ORDER NO. 65555, DATED NOVEMBER 5, 1971, CONCERNING EXTENSION OF FM HIGHWAY 1694, FROM SPUR 407 (OLD STATE HIGHWAY 9) IN THE ANNAVILLE AREA NORTHEAST 0.1 MILE TO INTERSTATE 37 IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE SAID MINUTE ORDER; 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 November 17, 1971 Page 8 ORDINANCE NO. 10559 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF WILLIAMS- STACKHOUSE AND ASSOCIATES TO PROVIDE PHOTOGRAPHY AND PREPARE PLANA - METRIC PLAN AND PROFILE SHEETS FOR THE GARDENDALE AREA STORM SEWERS PROJECT; APPROPRIATING OUIf OF THE 295 STORM SEWER BOND FUND $5,200 FOR THE AFORESAID SERVICES, APPLICABLE TO PROJECT NO. 295-70-64; 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". FIRST READING OF AN ORDINANCE AUTHORIZING THE DIRECTING THE CITY MANAGER TO EXECUTE A LEASE FOR THREE YEARS WITH COASTAL BEND OPPORTUNITY CENTER FOR RENTAL OF PARKWAY HOUSE FOR GIRLS FOR $1.00 PER YEAR AND OTHER CONSIDERA- TIONS, A COPY OF WHICH LEASE 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10560 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, THE STATE OF TEXAS ACTING BY AND THROUGH ITS STATE HIGHWAY COMMISSION, FOR COSTS OF CONSTRUCTION INCLUDING CONTINGENCIES AND CONSTRUCTION ENGINEERING OF A STREET ILLUMINATION SYSTEM ON STATE HIGHWAY 358 FROM THE EAST END OF AIRLINE ROAD INTERCHANGE TO THE EAST END OF THE AYERS STREET INTERCHANGE IN THE CITY OF CORPUS CHRISTI; APPROPRIATING $76,700 OUT OF NO. 220 STREET BOND FUND FOR PROJECT NO. 220-70-105; SAID SUMS TO BE PLACED IN ESCROW FOR PAY¢ MENT OF THE CITY'S SHARE OF THE COSTS OF CONSTRUCTION OF THE AFORESAID ILLUMINATION SYSTEM; AUTHORIZING THE CITY MANAGER TO DO SUCH THINGS AS MAY BE NECESSARY TO FACILITATE THE CITY'S PORTION OF THE CONSTRUCTICN AND PAYMENT OF THE CITY'S.'SHARE IOF'THE PAYMENT OF COSTS OF THE SAID ILLUMI- NATION SYSTEM; 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. 10561 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY, TO SUPPLEMENT THE AGREEMENT AUTHORIZED BY ORDINANCE NO. 9412, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 3, 1969, CONCERNING FREEWAY LIGHTING, OPERATION AND MAINTENANCE, A COPY OF SAID SUPPLEMENTAL AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting November 17, 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". RESOLUTION NO. 10562 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, FOR A FEDERAL GRANT TO DEVELOP OPEN SPACE LAND (GREENWOOD PARK) AND AN ADJACENT 16 -ACRE TRACT 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. 10563 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH B. E. BEECROFT COMPANY, INC. FOR HURRICANE CELIA DAMAGE REPAIRS AND VARIOUS IMPROVEMENTS TO EXPOSITION HALL, PROJECT NO. 102-4298-77; APPROPRIATING OUT OF NO. 102 GENERAL FUND UNAPPROPRIATED BALANCE OF $53,667, AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND $24,625 AND OUT OF NO. 103 TOURIST AND CONVENTION FUND $11,000, FOR SAID 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. 10554 APPROPRIATING OUT OF NO. 250. SANITARY SEWER BOND FUND $4,500 FOR THE CONSTRUCTION OF AN 8 INCH SANITARY SEWER TRUNK IN SOKOL DRIVE AT RICHTER STREET, PROJECT NO. 250-70-92; TO BE CONSTRUCTED BY CITY FORCES; AUTHORIZING THE REIMBURSEMENT OF 109 SEWER FUND FOR ALL AMOUNTS TO BE ADVANCED FOR CONSTRUCTION COSTS FOR THIS PROJECT FROM SAID 109 SEWER FUND; 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, presentiand voting "Aye". ORDINANCE NO. 10565 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 9740, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 13, 1970, GRANTING A FIVE-YEAR FRANCHISE TO HUMBLE PIPE LINE COMPANY TO LAY, CONSTRUCT, OPERATE. MAINTAIN, REPAIR AND REMOVE A CERTAIN FOUR -INCH (4") PETROLEUM PRODUCTS (INCLUDING CRUDE OIL AND GAS) PIPELINE WITHIN, BENEATH, ALONG AND ACROSS CERTAIN STREETS WITHIN THE CITY OF CORPUS CHRISTI, BY CHANGING THE LOCATION OF THE AFORESAID LINE AS FOLLOWS: a • Minutes Regular Council Meeting November 17, 1971 Page 10 CROSSING YORKTOWN ROADATTHE INTERSECTION OF FLOUR BLUFF DRIVE; THEN ALONG FLOUR BLUFF DRIVE, IN A NORTHERLY DIRECTION, TO A POINT IN AN EXISTING PIPELINE LOCATION ABOUT 2071 FEET NORTH OF PURDUE ROAD CROSSING, YORKTOWN BOULEVARD, CARIBBEAN (NOT OPEN), GLENOAK DRIVE, FLOUR BLUFF ROAD, AND DIVISION ROAD (UNOPENED) FOR THE TRANSPORTATION OF LIQUID PETROLEUM PRODUCTS, INCLUDING CRUDE OIL AND GAS; KEEPING IN FORCE ALL OTHER PROVISIONS OF ORDINANCE NO. 9740 EXCEPT AS HEREIN PROVIDED; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 10566 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 CORPUS CHRISTI DATSUN BY GRANTING A SPECIAL PERMIT FOR A RETAIL BUILDING MATERIALS STORE WITHOUTSIDE OPEN STORAGE, ON ALL OF LOTS 1, 2, 3, AND 4, BLOCK G, AND THE WEST 60 FEET OF LOTS 1 AND 4, BLOCK H, LEXINGTON PLACE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY DESCRIBED ON THE PLOT PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"; 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, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 10567 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION, DEVELOPERS OF SANDY OAKS SUBDIVISION, BY THE TERMS OF WHICH AGREEMENT THE CITY WOULD PURCHASE FROM SAID CORPUS CHRISTI SAVINGS AND LOAN ASSOCIATION FOR THE AMOUNT OF $40,532.62 THE EXTENSION OF SANITARY SEWER LINES ALONG CARIBBEAN AND WALDRON ROAD IN ACCORDANCE WITH THE TERMS OF THE PLATTING ORDINANCE; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $43,369.90, OF WHICH AMOUNT $40,532.62 IS TO PAY THE SAID DEVELOPER AND $2,837 IS TO PAY URBAN ENGINEERING FOR ENGINEERING SERVICES RELATED TO THE AFORESAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez abstained. • • Minutes Regular Council Meeting November 17, 1971 Page 11 ORDINANCE NO. 10568 (Failed to pass) 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 PARTICULAR AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CADWALLADER DEVELOPMENT CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS A AND B, BEING ALL OF BLOCK 1, STONE - GATE NORTH SUBDIVISION UNIT 1, AND TRACT C, BEING A PORTION OF LOT 4, OSO FARM TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" 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 failed to pass by *e following vote: Sizemore, Branch, Gonzales and Lozano, present and voting "Aye"; Borniwell, Bosquez, and Stark voting "Nay". ORDINANCE NO. 10569 CLOSING CAROLYN STREET, LOCATED BETWEEN EVERGREEN DRIVE AND NAS DRIVE, ADJACENT TO LOTS 1, 2, AND 3, BLOCK "B", FLOUR BLUFF ESTATES #1 ADDITION, 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, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 10570 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-131 (a) SO AS TO DELETE SUBSECTION 3 THEREFROM; AMENDING SECTION 21-131 (b) SO AS TO AMEND, REVISE AND/OR RE -ADOPT PROVISIONS FOR PARKING ON THE STREETS HEREINAFTER DESCRIBED, AS RELATES TO METER ZONE NO. 2; AMEND- ING SECTION 21-131 SO AS TO ADD A NEW SUBSECTION (e) PROVIDING FOR METER ZONE 6 AND PROVIDING FOR PARKING ON THE HEREINAFTER DESCRIBED STREETS, LIMITED TO THIRTY MINUTES UPON DEPOSIT OF FIVE -CENT COIN, ONE HOUR UPON DEPOSIT OF TEN CENTS, AND TWO HOURS UPON DEPOSIT OF FOUR FIVE -CENT COINS, TWO DIME COIN& OR ONE QUARTER COIN; AMENDING SECTION 21-131 (d) SO AS TO DELETE SUBSECTION 2 THEREFROM; AMENDING SECTION 21-131 SO AS TO PROVIDE A NEW SUBSECTION (f)PROVIDING FOR METER ZONE 7 AND PROVIDING FOR PARKING ON CERTAIN STREETS, MORE FULLY DESCRIBED HEREINAFTER, LIMITED TO FIFTEEN MNUTES UPON THE DEPOSIT OF FIVE -CENT COIN, AND THIRTY MINUTES UPON THE DEPOSIT OF TEN CENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol/owing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye" • ! Minutes Regular Council Meeting November 17, 1971 Page 12 ORDINANCE NO. 10571 CLOSING A PORTION OF BOCA RATON STREET, LOCATED IN COUNTRY CLUB ESTATES, UNIT 9-A, MORE FULLY DESCRIBED HEREINAFTER BY METES AND BOUNDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; RESERVING THE NECESSARY EASEMENTS FOR EXISTING UTILITIES; CONDITIONING THE CLOSING ON THE APPLICANT'S PERFORMANCE OF CERTAIN INSTALLATION OR RELOCATION, ALL AS MORE FULLY SET FORTH HEREINAFTER; 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. 10572 AMENDING CHAPTER 21, SECTION 21-145, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6603, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 15, 1962, TO ENCOURAGE COMPLIANCE WITH PARKING REGULATIONS BY INCREASING FINES FOR OVERTIME PARKING, PARKING IN FRONT OF FIRE HYDRANT S, LOADING ZONES AND NO PARKING ZONES AND OTHER PARKING VIOLATIONS; INCREASING FINES NOT PAID WITHIN TEN DAYS; PROVIDING A WARRANT FEE WHEN A WARRANT FOR AREEST IS ISSUED; PROVIDING FOR REPEAL OF ORDI- NANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10573 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 PHARAOH ENTERPRISES, LTD. BY GRANTING A SPECIAL PERMIT FOR A 22 -UNIT TOWNHOUSE PROJECT, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER, SITUATED ON TRACT A, DESCRIBED AS A 2.061 -ACRE TRACT OF LAND OUT OF LOTS 5 AND 6, SECTION 29, FLOUR BLUFF & ENCINAL FARM & GARDEN TRASTS, IN THE CITY OF CORPL;S CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY DESCRIBED HEREINAFTER BY METES AND BOUNDS, AND AS MORE FULLY DESCRIBED ON THE PLOT PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A";(ANID AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "B", BEING AN 8.507 -ACRE AREA OUT OF LOTS 5 & 6, SECTION 29, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" 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, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting November 17, 1971 Page 13 Mr. Steve McQueen, 4650 Janssen, chairman of the Committee sponsoring a Family Musk Festival proposed to be held at Cabaniss Field November 26 and 27, appeared and requested that the City co-sponsor the event and provide police protection. Mr. McQueen explained that the proponents of the event had sought the advise of numerous organizations and public agencies such as the Drug Council, Park & Recreation Department, Police Department and School Administration; that it is intended that the event be family-oriented and will built a better community understanding between all ages. He described the type of music and performers, sanitation facilities, medical provisions, insurance liability, endorsements from individuals, business men and organizations, donations, publicity, cleanup crews, and game an itemized statement of expenses. He stated they expect some 2,000 to 3,000 people to attend, and had been advised by the Police Department that ten police officers would be needed. City Manager Townsend stated that he did not see a need for the City to co-sponsor the event, but that he would recommend that the City provide adequate police protection as would be required for any other public event, Mayor Sizemore commended Mr. McQueen for his presentation stating that he endorsed the project, but charged Mr. McQueen and members of his committee with responsibility of making this event an example of a well conducted occasion thereby meriting the confidence of the community. Motion by Bonniwell, seconded by Stark and passed, that the recommendation of the City Manager be concurred in and that the City provide adequate police services for the Family Music Festival at Cabaniss Field November 26 and 27. Mr. Rodney E. Carter, 905 Collingswood, and Mr. Al Dyer, 4122 Christi, made a fifth appearance before the Council requesting revision of the City's outdated or unenforceable ordinances. He requested a report on previous requests to revise ordinances relative to the sale of guns in places where liquor is sold, garage sales, itinerant vendors, and holding of persons in jail for inability to pay fines. On a new issue, they read a list of churches, fraternal organizations and private clubs, where they stated bingo games are being held regularly, stating that bingo is a felony offense the same as possession of marijuana, and asked for enforcement of the law or have it changed. They stated they were not opposed to these practices, but that enforcement of these laws is inconsistent and selective. • • Minutes Regular Council Meeting November 17, 1971 Page 14 City Manager Townsend stated that the Legal Staff had responded to most of the issues raised; pointed out that some organizations are exempt under the state law governing bingo, and that those which are not exempt are closed down. Mayor Sizemore stated that the Council k willing to work with the students where possible, but that the Council Meeting is not the proper forum to argue points of law, and that revision of the City's ordinances must be through the Legal Department. He pointed out that almost 30 minutes of the Council's time had been given to the students, and stated that if the practice is continued of bringing such matters to the Council Chamber, it may be necessary to limit the time to five minutes. ************** Mayor Sizemore announced the public hearing on proposed assessments for N.A.S. Drive from Park Road 22 to the South Gate of the U.S. N.A.S., and asked that it be noted that a quorum of the Council and the required Charter Officers were present. City Manager Townsend explained the nature of the project, stating that it is a City and State funded project with both sharing a portion of the cost since the work is being done on State Highway 358. He explained that the construction will consist of excavations to permit installation of pavement, 6" curbs and gutters in accordance with Texas Highway Depart- ment plans, with reinforced concrete driveways 4' wide, reinforced concrete walks and header curbs to be installed. The Highway Department will be responsible for paving while the City will be doing the drainage right-of-way, utilities and concrete work. He stated that the total amount of the project is $520,604.64, with the City's share being $213, 150.00. He explained that there are sixty-nine pieces of property listed on the Assessment Roll and each had received notice of the formal hearing. He explained that the property owners present will be given an opportunity to question the Staff regarding general aspects of the project and that Assistant City Attorney Bobby Terry would conduct the hearing, with the Staff offering testimony from the Director of Engineering Services and evaluation testimony from a real estate appraiser to substantiate the assessments as shown on the Preliminary Assessment Roll, and that the hearing was to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. • • Minutes Regular Council Meeting November 17, 1971 Page 15 Assistant City Attorney Bobby Terry explained the legal. theory in support of the public hearing and stated that the procedure is governed by State Statute requiring a public hearing to be held to determine that these properties, after improvements will be enhanced at least to the amount of the assessment. Director of Engineering Services James K. Lontos testified as to his qualificat ions and knowledge of this area to be improved; explained in,ddaiI the nature and extent of the proposed improvements showing plans and specifications. He had two maps for demonstration to those present, one showing the area geographically to be improved, and the second explaining in detail the paving, curbs, sidewalks and header curbs to be assessed. Mr. Lontos explained that there is 150' of right of way along N.A.S. Drive with either four moving lanes, one turning lane and one parking lane for each side of the street, or possibly six moving lanes and one turning lane. He explained how header curbs were to be installed in relation ship to parking for customers of businesses located along this street, that most of the vacant land was on the south side of the street and customers were using this vacant property for parking, and that the header curbs would keep the cars from parking on sidewalks around the businesses. Mr. Edward R. Cox, 409 Boathole, Item 1./50, questioned as to when the work would commence or when is the proposed starting date on construction. It was explained by Mr. Lontos that the contract had been awarded to Heldenfels by the State Highway Commission, but no work order had been issued as yet. He stated that the first part of the work on the project should take two or three months, then the actual paving work would begin. As far as payments on this project are concerned, the property owners will not be billed until the complete project has been com- pleted and accepted by the Highway Department and City of Corpus Christi. Then the property owners have thirty days within which to pay the bill or arrange for payments to be made over a period of up to five years. Mr. Warren M. Smith, 4817 Cosner, Item 012, questioned why two driveways are proposed for his property and why some property owners have no driveways or header curbs assessed. It was explained that Mr. Smith's property needs driveways and header curbs because of a business use, yet others may not have the same needs because of different property usage. Mr. Smith was advised that if the drivways and curbs are not satisfactory, they con be relocated or rearranged to his satisfaction if he will contact the Engineering Services Department. • • Minutes Regular Council Meeting November 17, 1971 Page 16 City Manager Townsend stated that public access k to be maintained in this area and driveways will be used for public parking. A discussion ensued as to driveway and header curb arrangements on the properties, and as to how the header curbs would protect the sidewalks and public right of way. Mr. Harold A. Carr, the City's expert witness, testified as to his background and experience which he felt qualified him as a real estate appraiser. He described the area in question, stating that the 150' right of way is unusually wide, yet there will be 84' from back of curb to back of curb with 4' sidewalks to extend from beginning to end of the project. Mr. Carr stated he has paid particular attention to the properties in regard to a need for header curb, driveways and sidewalks by checking to see how each particular piece of property is being used. Mr. Carr also stated that this street had improvements mostlyon one side only and the other side was used for random parking with no order or regulation whatsoever, and that when this project is completed, uniformity will be developed from beginning to end. Mr. Carr stated that all properties on the north side will have header curbstand driveways crossing the sidewalks so that the cars will be able to enter and leave the premises. Property owners in the audience were given the opportunity to question Mr. Lontos and Mr. Carr relative to the project in relation to their individual properties. Mr. Lawrence C. French, 3510 Aransas, Item 064, questioned the closing of. Carolyn Street at the intersection of N.A.S. Drive and how the abutting properties would be effected. He stated that Mr. Carr's opinion that these properties will be enhanced at least to the amount of the assessment is only one person's opinion, and Mr. French does not feel his property will be enhanced by the improvements. Mayor Pro Tem Bonniwell questioned how the number of linear feet, square feet and square yards were computed and a discussion ensued as to how the assessments for each piece of property were calculated. Mr. Marvin T. Alexander, 4121 Harry, Item 039, questioned his assessment and was told by Mr. Lontos that it had been corrected. Motion by Lozano, seconded by Branch and passed,that the hearing be closed. Mayor Sizemore stated that the matter would be tabled for further consideration at a Workshop Meeting. • • Minutes Regular Council Meeting November 17, 1971 Page 17 ************** Mayor Sizemore called the meeting to order at 4:45 p.m., and annbwnced the Council would now consider the scheduled public hearings on seven zoning applications. City Manager Townsend presented Application #971-9, Corpus Christi Board of Realtors, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Lots 1, 2, 3, 4, & 5, Block 14, Gardendale Addition. He explained that the request was heard by the Planning Commission September 28, 1971, and forwarded to the Council with the recommendation that it be approved as requested; that the Staff had recommended denial since professional office, use would be an encroachment into the residential area, would tend to encourage further zoning requests along Everhart Road, thereby pyramiding congestion along this street and at the same time reducing traffic carrying capacity and increasing hazards at points of ingress and egress to the various businesses fronting on Everhart Road. He stated the 20% rule is in effect. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing, be closed. Motion by Bonniwell, seconded by Stark and passed, Commissioner Bosquez voting "Nay", that the recommendation of the Planning Commission.be concurred in and that Application #971-9, Corpus Christi Board of Realtors, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Lots 1, 2, 3, 4, & 5, Block 14, Gardendale Addition, located on the northeast corner of Everhart Road and Williams Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1071-1, Damon Behrens & B. J. Osborne, for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on all of Block 4, Saratoga Place, and a 9 -acre portion out of the southeast comer of Lot 5, Block 7, Bohemian Colony Lands. He explained that the request was heard by the Planning Commission October 12, 1971, and forwarded to the Council with the recommendation that it be approved as a logical use because of the flight pattern of Cabaniss Field and because there are other industrial uses in this area, and that the Staff had concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. • • Minutes Regular Council Meeting November 17, 1971 Page 18 Motion by Lozano, seconded by Bosquez and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application #1071-1, Damon Behrens & B. J. Osborne, for change of zoning from "R -1B" One -family Dwelling District to ''I-2" Light Industrial District on all of Block 4, Saratoga Place, and a 9 -acre portion out of the southeast corner of Lot 5, Block 7, Bohemian Colony Lands, located along the north right of way in the 1900 Block of Saratoga Boulevard, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend announced the public hearing on Application #1071-2, Capital Equities, Ltd., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on approximately 24.7 acres out of Lots 2, 3, 4, 6 & 7, Section 5, Range 8, Gugenheim and Cohn's Farm Lots, located on the northeast right of way in the 200 Block of South Padre Island Drive. He explained that the request was heard by the Planning Commission October 12, 1971, and forwarded to the Council with the recommendation that it be approved on the basis it would be compatible with the development in this area and the Commission felt that the drainage problem would be resolved once development is commenced on this property. Larry Wenger stated the Planning Staff had recommended denial until a more definite plan is submitted for the development since the existing industrial and business zoned properties are still vacant and are adequate for this type development. Also this would encourage a continuous industrial and business zoning along both sides of South Padre Island Drive, which is contrary to good land use planning. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Gonzales, seconded by Bonniwell and passed, that the hearing be closed. Motion by Lozano, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and that Application #1071-2, Capital Equities, Ltd., for change of zoning fron "R -1B" One -family Dwelling District to "B-4" General Business District on approximately 24.7 acres out of Lots 2, 3, 4, 6, & 7, Section 5, Range 8, Gugen- heim & Cohn's Farm Lots, located on the northeast right of way in the 200 Block of South Padre Island Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. • • Minutes Regular Council Meeting November 17, 1971 Page 19 City Manager Townsend presented Application #1071-4, George F. Bayder, for change of zoning from "B -1A" Tourist Court District to "B-4 General Business District on approximately 4.4 acres out of Lots 10 & 11, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, He explained that the request was heard by the Planning Commission October 12, 1971, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "B-1" Neighborhood Business District be granted as a continuation of the "B-1" zoning to the east which would enhance, the overall plan for this portion of South Padre Island Drive, and that the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Gonzales and passed, that the hearing be closed. Motion by Gonzales, seconded by Bosquez and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application #1071-4, George F. Bayder, for change of zoning from "B -1A" Tourist Court District to "B-4" General Business District on approximately 4.4 acres out of Lots 10 & 11, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, located along the south right of way line in the 6100 Block of South Padre Island Drive, be denied, but in lieu thereof "B-1" Neighborhood Business District be granted as a continuation of the "B-1" zoning to the east which would enhance the overall plan for this portion .of South Padre Island Drive, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1071-5, W.H.P., Inc., for change of zoning, TRACT A, from "R -1B" One -family Dwelling District to 9-1" Neighborhood Business District on approximately 2.2 acres out of Lot 17, Section 28, Flour Bluff & Encinal Farm & Garden Tracts; for change of zoning on TRACT B, from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on approximately 6.6 acres out of Lot 17, Section 28, Flour Bluff & Encinal Farm & Garden Tracts. He explained the request was heard by the Planning Commission October 12, 1971, and forwarded to the Council with the recommendation that the request be approved for "B-1" on TRACT A, and "R-2" on TRACT B, on the basis both tracts will act as a good transition between Rodd Field Road and Future single family development adjacent to the east, and that the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Branch and passed, that the hearing be closed. • Minutes Regular Council Meeting November 17, 1971 Page 20 Motion by Stark, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application 41071-5, W.H.P., Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on TRACT A, being a portion out of Lot 17, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, be approved, and for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on TRACT B, being a;portion out of Lot 17, Section 28, Flour Bluff & Encinal Farm & Garden Tracts, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1071-6, Jack Ryan, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on approximately 9.4 acres out of Lot 4, Section 2,Bohemian Colony Lands. He explained that the request was heard by the Planning Commission October 12, 1971, and forwarded to the Council with the recommendation that it be approved since the development of this strip alcng Holly Road for townhouses and duplexes will act as a good transition between the railroad tracks and Holly Road and the future single family development on the property adjacent to the north, and that the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Stark and passed, Bonniwell abstaining, that the hearing be closed. Motion by Gonzales, seconded by Stark and passed, Bonniwell abstaining, that the recom- mendation of the Planning Commission and the Staff be concurred in and that Application #1071-6, Jack Ryan, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on approximately 9.4 acres out of Lot 4, Section 2, Bohemian Colony Lands, located on the northwest corner of Holly Road and Inglewood Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1071-3, Drs. N. H. Morgan and G. F. Clark, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on all of Lots 7 & 8, Block 1, Alameda Place. He stated the request was heard by the Planning Commission October 12, 1971, and forwarded to the Council with the recom- mendation that it be approved as a logical use for this area and would not be detrimental to • • Minutes Regular Council Meeting November 17, 1971 Page 21 adjacent properties in the rear, and that the Staff concurred in this recommendation. He stated the 20% rule is in effect. Mr. Roger Butler, 405 East Ligustrum, Robstown, Texas, attorney representing Robert Bluntzer, owner of Lot 17, Block 1, stated his client would not oppose the requested change provided the applicant is required to drain the property. toward Alameda instead of onto the adjacent lots, and that a six foot screening fence be erected. City Manager Townsend explained that a proposed text amendment is scheduled for public hearing November 24, which would require screening fences between businesses and residential properties, and that this would be applicable in this case. Mrs. William Green,3149 Topeka, spoke in opposition, stating that residents on Topeka directly back of the subject request, feel that additional professional office uses on Alameda at this location would further congest an already overcrowded area. She stated the traffic is congested and hazardous, that parking lots are too small, trash from the doctors offices is prevalent, sewer lines are overloaded, and the depth of the lots on the east side of Alameda is inadequate for business uses. She stated that most of the properties fronting on Alameda Street on the east side have been zoned for professional offices and duplexes for many years; that when the deed restrictions expired a few years ago, the residents on Topeka Street decided to renew these restrictions, and that (hese are on record. She stated they are concerned that the entire residential character, including Port Aransas Cliffs Addition, will be downgraded if the professional uses at this location are expanded. She pointed out that it is a different situation on the west side of Alameda because the Alameda Shopping Center has protected ingress and egress. Mrs. C. J. Friedman, 3216 Topeka, spoke in opposition, stating that it is already difficult for residents of the 3200 Block of Topeka to get onto Alameda because of the fast and dangerous traffic. Mrs. Robert Ganc, 3146 Topeka, spoke in opposition, stating that their homes were being turned into parking lots; that the structures are increasing in size, and if the professional office development is allowed to continue, there will eventually be no place to park. She stated she lives on the east side of Topeka, and those property owners on the west side will be offered exorbitant prices for their property, but that those on the east side will not increase in value but will be ruined for residential use. • • Minutes Regular Council Meeing November 17, 1971 Page 22 Dr. G. F. Clark, co -applicant, described the plot plan of the proposed professional office which was presented to the Planning Commission, indicating that the building would be 80' x 56'. He stated there is no off-street parking; that they had completed last week paving of an additional lot to provide parking spaces for 36 cars, making a total 60 spaces available for their use and that of the Dodson Building which they felt to be more than adequate. He pointed out that all of the 3100 Block of Alameda and part of the 3200 Block is zoned for professional offices, which constitutes a majority of this area. He stated they have agreed to build the fence the same as the one back of the Dodson Building, and that the area would be graded with a 12 - inch rise so as to insure adequate drainage onto Alameda Street. He stated their lots are kept clean of blowing trash. City Secretary Kring reported that a telephone communication had been received from Mrs. A. L. Hernandez, 3049 Topeka, indicating her opposition to the proposed professional office zoning. Mr. Butler stated that they would prefer a commitment of the Council by ordinance that the fence, drainage and parking provisions will be complied with. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #1071-3, Drs. N. H. Morgan & G. F. Clark, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on all of Lots 7 & 8, Block 1, Alameda Place, located in the 3100 Block of South Alameda Street, be approved as requested, and that an ordinance be brought forward the change. ORDINANCE NO. 10574 CLOSING PORTIONS OF EASY CIRCLE, BEING THE NORTHWEST 1/3 OF THE EASY STREET CUL-DE-SAC, THE NORTHEAST 5.0 FEET, THE SOUTHWEST 5.0 FEET AND THE SOUTHEAST 100' FEET OF EASY STREET, AS SHOWN BY MAP OF KINGSWOOD ADDITION RECORDED IN VOLUME 24, PAGE 30, NUECES COUNTY MAP RECORDS; 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 November 17, 1971 Page 23 ORDINANCE NO. 10575 • AUTHORIZING THE CITY MANAGER TO CONVEY TO RUBEN BUTLER THE EAST 1/2 OF LOT 2, BLOCK 5, SHORELINE PARK ADDITION, UPON THE PAYMENT OF $500 CASH CONSIDERATION FOR SAID PARCEL, SUBJECT TO THE TWO-YEAR REDEMPTION PERIOD; AND AUTHORIZING THE CITY MANAGER TO CONVEY TO GEORGE D. HAMILTON LOT 23, BLOCK 5, CARVER NO. 2 ADDITION, UPON THE PAYMENT OF $1,100 CASH CON- SIDERATION FOR SAID PARCEL, SUBJECT TO THE TWO-YEAR REDEMPTION PERIOD, A COPY OF EACH OF SAID CONVEYANCES BEING ATTACHED HERETO, MARKED EXHIBITS "A" AND "B", 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10576 APPROPRIATING $300 OUT OF THE NO. 291 PARK BOND FUND FOR APPRAISAL SERVICES OF HAROLD CARR IN CONNECTION WITH BAYFRONT PARKSITE NO. 2, PARCEL NO, 18, APPLICABLE TO PROJECT NO. 291-70-8, BAYFRONT OPEN SPACE; 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". There being no further business to come before the Council, the meeting was duly adjourned at 5:55 p.m., Wednesday, November 17, 1971.