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HomeMy WebLinkAboutMinutes City Council - 11/24/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 24, 1971 2:00 P. M. PRESENT: 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 Pro Tem Charles A. Bonniwell called the meeting to order. The Invocation was given by The Reverend Fernando Gutierrez of El Divino Salvador Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Gonzales, seconded by Branch and passed, that the absence of Mayor Sizemore be excused for just cause. The Minutes of the Regular Council Meeting of November 10, 1971, were approved as submitted to the Council. Mr. E. W. Eickelkraut, father-in-law of Mayor Pro Tem Bonniwell, was recognized as a visitor of the Council and made an Honorary Citizen. Mr. Eickelkraut was visiting his son-in-law and family here from Ottawa, Illinois. Mayor Pro Tem Bonniwell announced the public hearing on the request of Mr. Ted Anderson to close all streets, easements and rights-of-way in Kibby Industrial Subdivision. City Manager Townsend described the location of the streets proposed to be closed as being all those portions known as Allen Road, Kibby Drive and Jean Streets, including all utility easements existing within Kibby Industrial Subdivision. He stated that this subdivision has been what is known as a paper subdivision for years, that the layout indicated that improvements were contemplated, but that no building permits could be issued. He stated that all affected City Departments had been contacted and the general consensus was that the streets and easements should be closed subject to vacation of the plat with an easement being retained around the perimeter or a replat of the entire tract filed for record with the perimeter utility easement. He stated thatthis is consistent with the plans of the property owner. • • Minutes Regular Council Meeting November 24, 1971 Page 2 Mr. Dwain Harris, 3030 Daytona, owner of adjacent property, appeared and stated he was not opposed to the closing but requested information as to what is to be done with the property if the streets and easements are closed. Mr. Ted Anderson explained plans for the property stating that it would in no way adversely affect Mr. Harris' property, and that the additional 20 feet of required right-of-way is being given. Mr. Ralph Emmord, 611 South Tancahua, stated he had no objection to the proposed closing providing there is a 60 -foot right-of-way dedication. Mr. W. H. Stahl, 4909 Kostoryz, stated he was opposed to the closing, on the basis it was inconsistent with former Council actions, Motion by Gonzales, seconded by Branch and passed, that the hearing be closed. Motion by Gonzales, seconded by Branch and passed, that the recommendation of the City Manager be concurred in and that all those portions of streets known as Allen Road, Kibby Drive, and Jean Street, and all utility easements which exist within Kibby Industrial Subdivision, be closed subject to vacation of the plat, retaining existing perimeter easements and 20' dedi- cation for Jean Street or subject to appropriate replat meeting the same conditions,. and that an ordinance be, brought forward effectuating the closing. Mayor Pro Tem Bonniwell announced the informal hearing on the application of Central Power and Light Company to the Texas Water Quality Board for an amendment to their waste control order for existing discharge at their Lon Hill Plant, City Manager Townsend explained that the application came about due to certain variances in the effluent discharges found in several parameters which were in excess of the numbers allowed in CP&L's existing waste control Order #1255; that to some extent some of these variances have been corrected, and that they now ask that their permit be modified according to certain other parameters, which modifications are concurred in and recommended as set out in the report of Mr. A. L. Cock, Public Health Engineer as follows: Application for amendment to Permit No. 01255 involves increasing the total residue, mg/1 monthly average from 2500 to 3150, the 24-hour daily composite, from 3100 to 3430, the individual sample from 3750 to 3430; Chlorides, mg/1 daily overage, from 400 to 1010, daily composite • • Minutes Regular Council Meeting November 24, 1971 Page 3 from 500 to 1090, individual sample from 600 to 1090; Sulphates, mg/1 monthly average, from 915 to 1020, daily composite from 1060 to 1125, and individual sample from 1060 to 1125; Total Suspended Solids, mg/1, monthly average, from 10 to 30, daily composite, from 12 to 40, and individual sample from 15 to 50; Folatile Suspended Solids, mg/1, monthly average from 10 to 15, daily composite from 12 to 20, and individual sample from 15 to 25; Chemical Oxygen Demand, mg/1, monthly average from 250 to 150, daily composite 300 to 200, and individual sample from 350 to 200. The recommendations of the Public Health Engineer, inwaddition to approval of the foregoing, provides that there not be any oil or grease discharge. Mr. Wm. M. Mayer, Assistant Manager, Power and System Operations of CP&L, stated he had read the letter of recommendation from Mr. Cock, and that they are in agreement with his comments and recommendations. No one appeared in opposition to the foregoing variance request. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Branch and passed, that the foregoing recommendation of the Public Health Engineer, A. L. Cock, be concurred in and that the Texas Water Quality Board be so notified by transmittal of a copy of this report.. Mayor Pro Tem Bonniwell called for the City Manager's Reports. Motion by Stark, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "m" be accepted, and that the requests and recommendations be granted and approved as follows: a. That a contract be awarded to Creighton Shirt Co., Inc., Reidsville, N.C., for wash and wear Firemen's Uniforms, on the basis of low bid meeting specifications of $11,333.00; b. That a contract be awarded for the City's 1971-72 requirements for 3,000 pounds of Bermuda Grass Seed to Currie Seed Company for the low bid of $3,960.00, bids having been received from four firms, and price indicating an increase of 113%; c. That contracts be awarded for Fencing Material for the new landfill to the following firms on the basis of low bid: International Paper Company, Creosote Poles, $2,850.00; Phoenix Supply Company, Galvanized wire, $802.93, and Peden Industries, Houston, Texas, Galvanized Chicken Wire, $2,626.28, for a Grand Total of $6,289.21; • Minutes Regular Council Meeting November 24, 1971 Page 4 d. That the bid award for the City's requirements for 1,846 trees be made to Bob's Nursery & Landscape Service, Corpus Christi, on the basis of low bid of $27,760.50, bids having been received from two firms; e. That the existing arrangement for the assessment and collection of taxes between the City and the Corpus Christi Independent School District and Del Mar Junior College District be again extended for three years from December 1, 1971; (The City Board of Equalization also serves as the Del Mar Equalization Board . - The two districts basically pay 50% of the cost of operating the Tax Off ice) f. That the hearing on street assessments on N.A.S. Drive be closed and the assessment roll be adopted with the provision that the asphalt portion of the driveways be deleted and only the concrete portion be constructed; g. That $1,791 .75 be appropriated from the 220 Street Bond Fund to supplement funds previously appropriated for settlement of reimbursement to the developer, Nicholson Building and Supply Company, for the City's portion of cost to construct a bridge across Williams Drive Ditch in Briarwood Subdivision, Unit I; h. That Section 1V, Subsection A-16 of the Platting Ordinance be amended to clarify the City's position regarding participation in the cost of construction of crossings over drainage - ways; specifically, the City will not participate to any extent beyond that which is specified within Section IV, Subsection A-16 of the Platting Ordinance even if the property on one side of the crossing is an existing street or any other public property, nor will the City participate if the crossing is outside the City limits; i. That an agreement be authorized between the City and Ira Haley, et al, developers of Western Hills Subdivision, Unit 2, where by the City will construct a sewer collector line to serve Western Hills, Unit I, into Western Hills, Unit 2, with Mr. Ira Haley paying the City $13,350.39 for his shore of the cost; j. That a contract be awarded to Burtex Constructors for $80,042 for the extension of sanitary sewers to the Western Hills Subdivision, subject to Ira Haley, developer of Western Hills, Unit 2, executing an agrement to participate towards the cost; and that an appropriation of $85,000 out of No. 250 Sanitary Sewer Bond Fund, be authorized; • • Minutes Regular Council Meeting November 24, 1971 Page 5 k. That bids be received on December 15, rather than December 8 (as previously set) on the Flour Bluff Fire Station project, T. C. Ayers, and City Hall Parking Lot and Sidewalk Improvements; (This recommendation is made because the Thanksgiving Holidays will not allow sufficient time for contractbrs to prepare their bids) I. That the appointment of Mr. Juan Bosquez to the position of Manpower Planning Coordinator be confirmed at Grade 29, effective December 6, 1971; m. That storm sewers improvements along Ocean Drive at Furman, Louisiana, and near Oleander, and at Ocean View Place, be approved, and bids be received January 5, 1972; (These improvements will relieve flooding conditions which have existed at these locations.) Minutes Regular Council Meeting November 24, 1971 Page 6 ORDINANCE NO. 10577 • 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 HERETO- FORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10578 APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $1,791 .75 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO, 10410 FOR REIMBURSEMENT TO THE DEVELOPER, NICHOLSON BUILDING & SUPPLY COMPANY, INC., AS THE CITY'S PORTION OF COST TO CONSTRUCT A BRIDGE IN BRIARWOOD SUBDIVISION, UNIT 1, PROJECT NO. 220-70-125; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND 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 CONSIDERATIONS, A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. RES O L U TI.QN &O.. 10579 APPROVING THE APPOINTMENT OF T. M. JARVIS, JR. TO THE POSITION OF PURCHASING AGENT OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Bonniwell, Bosquex, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. • • Minutes Regular Council Meeting November 24, 1971 Page 7 RESOLUTION NO. 10580 REQUESTING THAT THE TEXAS STATE HIGHWAY DEPARTMENT CONSTRUCT, AS SOON AS PRACTICABLE, A PEDESTRIAN OVERPASS IN THE VICINITY OF RICHTER STREET AND ACROSS PADRE ISLAND DRIVE IN THE CITY OF CORPUS CHRISTI; DECLARING THE WILLINGNESS OF THE CITY OF CORPUS CHRISTI TO FURNISH ALL NECESSARY RIGHT- OF-WAY FOR SAID OVERPASS CONSTRUCTION AT ITS SOLE EXPENSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10581 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, ASAMENDEDFROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CAPITAL EQUITIES, LTD., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON APPROXIMATELY 24.7 ACRESOUT 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, AS MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10582 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 RECORCS , AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF GEORGE F. BAYDER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON APPROXIMATELY 4.4 ACRES OUT OF LOTS 10 & 11, SECTION 13, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B -1A" TOURIST COURT DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule wassuspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. Minutes Regular Council Meeting November 24, 1971 Page 8 ORDINANCE NO.10583 • AMENDING THE ZONING ORDINI4NCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, EI SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF W.H.P., INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "A", BEING A PORTION OUT OF LOT 17, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD DISTRICT; AND CHANGING THE ZONING ON TRACT "B", BEING A PORTION OUT OF LOT 17, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN 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, SAID TRACTS BEING MORE FULLY DESCRIBED HEREIN- AFTER; 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10584 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 DAMON BEHRENS AND B. J. OSBORNE 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, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10585 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BURTEX CON- STRUCTORS, INC. FOR THE CONSTRUCTION OF SANITARY SEWER EXTENSIONS OF WESTERN HILLS AREA, PROJECT NO. 250-70-80.4; APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $85,000 OF WHICH $80,042.00 15 FOR THE CON- STRUCTION CONTRACT AND $4,958.00 IS FOR RELATED EXPENSES; SAID CONTRACT INCLUDES $4,450.00 FOR THE REPAIR OF HURRICANE FERN DAMAGE TO THE 27" TURKEY CREEK INTERCEPTOR; AND DECLARING AN' EMERGENCY. • • Minutes Regular Council Meeting November 24, 1971 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell,; Bosquez, Branch, Gonzales,, Lozano and Stark, present and voting "Aye"; Sizemore was absent. RESOLUTION NO. 10586 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 PERTAINING TO PROJECT TEX E-21; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolutionwas passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10587 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 JACK RYAN, TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON APPROXIMATELY 9..4 ACRES OUT OF LOT 4, SECTION 2, BOHEMIAN COLONY LANDS, 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 was passed by the following vote: Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell abstained and Sizemore was absent. ORDINANCE NO. 10588 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: N.A.S. DRIVE, FROM PARK ROAD 22 TO THE SOUTH GATE OF THE U.S. NAVAL AIR STATION; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE- MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. • • Minutes Regular Council Meeting November 24, 1971 Page 10 Mayor Pro Tem Bonniwell recognized Mr. Yancey White, local attorney representing the National Maritime Union gave a follow up report on the City's authorization that he obtain more information on the possibility of the City's acquiring, on some basis, one of the United States Ocean Liners now in mothballs as a temporary convention center. He stated there are six vessels eligible for some consideration, but that in his opinion the SS Independence or the SS Constitution would be most ideally suited for this City. He described the accommodations of these vessels and displayed brochures of their interiors, stating that they could be purchased for some 10 to 15 percent of their original cost, or obtained on an interim basis by rental or charter agreement. Mr. Leon Grevelle, 5042 Greenbriar, local contractor and engineer, appeared and stated he had worked on the Queen Mary for one year in Long Beach, California, and that the SS Constitution or SS Independence did not compare with the Queen Mary as to cost and maintenance since it twice the size of these vessels and far more luxurious; that it was a much older vessel and had to be completely remodeled and refurbished, and the City of Long Beach had spent some four to six million dollars on the vessel. He stated that these two vessels being recommended are only one year out of service, are basically sound and are in no way to be compared to the Queen Mary. He stated that the City of Long Beach had built a specially constructed parking area in front of the Queen Mary, that tickets are sold to tourists and it has been a great tourist attraction. Mayor Pro Tem Bonniwell stated the report would be accepted and reviewed. Mr. Al Dyer, 4122 Christi, and Mr. Rodney Carter, 905 Collingswood, presented the Council with an engraved plaque which they stat ed was their appreciation for the "maturity and good judgment" of the Council shown them on the occasions of their appearances before the Council to request that outdated or unenforced ordinances be revised or removed from the records. Following a 30 -minute recess, Mayor Pro Tem Bonniwell called the meeting to order at 3:30 p.m. and announced the Council would now consider the scheduled public hearings on four zoning applications and Text Amendment. • Minutes Regular Council Meeting November 24, 1971 Page 11 City Manager Townsend presented Application 01071-8, Richard P. Church, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the north 20 feet of Lot 11 and the south 30 feet of Lot 12, Block 9, Koolside Addition. He explained that the request was heard by the Planning Commission October 26, 1971, and forwarded to the Council with the recommendation that it be approved on the basis that it is a reasonable request because it conforms with the land use in the area, and the traffic island would help control traffic. He stated that the Staff had recommended denial of the request on the basis that it would break down the overall character, of the area and would only tend to add to the proliferation of business along Airline Road which would become detrimental to adjacent uses in this area. Mr. John Thomason, realtor representing the applicant, described the plans of Mr. Church to purchase this site, stat ing that it includes the north 40 feet of Lot 12, already zoned "8-1" for operation of a fried chicken drive-in restaurant, that they plan to utilize both lots, and that these plans had been presented to the Planning Commission. Mr. Thomason stated they felt the concern that the traffic would be channeled into Lum Street was unwarranted due to the one-way traffic control system at this intersection. He stated that the Fried chicken restaurant was a clean operation, and there had been a minimum of opposition in the immediate area. Mr. Wm. Anderson, Director of Planning explained the Staff's position for denial of the request, stating that their concern was the possibility of expansion of commercial develop- ment down Lum Street, and also they were concerned that traffic would have to enter the restaurant from Airline around the island and exit from somewhere down Lum Street because of the one-way system. City Manager Townsend stated that this small island was placed at this rather difficult intersection by the City to protect the existing well established residential area on Lum Street, and that this opposition was expressed by the Staff at the Commission hearing. He further pointed out that if the traffic becomes substantially increased at this intersection, left hand turns onto Airline will be prohibited. • • Minutes Regular Council Meeting November 24, 1971 Page 12 Mr. Thomason stated that in view of his commercial real estate experience, he had conscientiously presented this request as a fair and reasonable zoning application, and felt that this requet should not be pre -judged on a ten year basis. Mr. Bill W. Bell, 1309 Ocean Drive, owner of the subject property, spoke in favor of the request, stating that he had personally contacted most of the residents on Lum Street who would be affected, and had explained the type of business proposed, and that he had encountered no opposition. No one appeared in opposition to the foregoi ng request. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Gonzales and passed, with Branch voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #1071-8, Richard P. Church, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on the north 20 feet of Lot 11 and the south 30 feet of Lot 12, Block 9, Koolside Addition, located in the 700 Block of Airline Road, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1071-9, T. A. Harrell, Jr., for change of zoning from "R -1B" One -family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business District, on the north 230 feet of Lot 1, Block 7, Gardendale #1. He explained that the request was heard by the Planning Commission October 26, 1971, and forwarded to the Council with the recommendation that it be denied for the following reasons: (1) it would not be compatible to this neighborhood business district; (2) the property does not have adequate depth for proper development of this type facility; and (3) the area now zoned "R -1B" should not be changed because it would tend to encourage additional business zoning along Everhart Road which could become a continuous pattern, thus becoming detrimental to abutting properties and to the movement of traffic along Everhart Road. Mr. John Thomason, representing the applicant, stated that in view of the opposition expressed relative to the automatic car wash facility, they were agreeable to a lesser zoning, and requested that "B-1" Neighborhood Business District be granted for the entire tract. He stated he had told the Commission that a special permit would serve the same purpose. • • Minutes Regular Council Meeting November 24, 1971 Page 13 Mr. Tim Clower, realtor, representing the land owner, stated "B-1" zoning was agreeable to his client, and that they had not been able to indicate this at the hearing. He stated only one person had opposed the request for "B-4". Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition to the foregoing request, but was escorted from the Council Chamber because he refused to address himself to the case at hand. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Branch, seconded by Lozano and passed, that Application #1071-9, T. A. Harrell, Jr., for change of zoning from "R -1B" One -family Dwelling District and "B-1" to "8-4" General Business District, Neighborhood Business District/on the north 230 feet of Lot 1, Block 7, Gardendale #1, located in the 5600 Block of Everhart Road, be denied, but in lieu thereof, "8-1" overall be granted, and that an ordinance be brought forward effectuating the change. City Manager Townsend stated that the Zoning Application #1071-11, Wm. A. Lenox, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on all of Lots 21 & 22, Block 1, Naval Center, had been withdrawn because of an error on the part of the Planning Staff relative to notification to property owners of the Planning Commission hearing. He stated the case would be rescheduled for the Planning Commission December 7. City Manager Townsend presented Application of Two Way Land Company, Special Use #71-13, for a mobile home subdivision on all of Lots 37 through 50, Block 7; Lots 12 through 25, Block 8; Lots 10 through 22 and 26 through 34, Block 13; Lots 1 through 13 and Lots 26 through 38, Block 14; and Lots 1 through 14, Block 15, Flour Bluff Park, located on Weaver, Redmond, and Behmann Streets in Flour Bluff Park. He explained that the request was heard by the Planning Commission October 26, 1971, and forwarded to the Council with the recommendation that it be approved as it would only be an extension of the existing mobile home subdivision in this area. The Staff concurred in this recommendation. ldaone appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that the application of Two -Way Land Company (File SU #71-13), • • Minutes Regular Council Meeting November 24, 1971 Page 14 for a Special Use Permit for a mobile home subdivision on all of Lots 37 through 50, Block 7; Lots 12 through 25, Block 8; Lots 10 through 22, and 26 through 34, Block 13; Lots 1 through 13 and 26 through 38, Block 14; and Lots 1 through 14, Block 15, Flour Bluff Park, be approved, and that an ordinance be brought forward effectuating the Special Permit. City Manager Townsend presented the proposed Text Amendment to Article 27, Supplementary Heights, Area, and Bulk Requirements, of the Zoning Ordinance requiring a screening fence between businesses and residential areas. He stated the proposed amendment was heard by the Planning Commission August 31, 1971, and tabled for further consideration October 26, 1971, and forwarded to the Council with the recommendation that the amendment be approved to read as follows: "Amend Article 27, Supplementary Height, Area and Bulk Requirements, by adding a new paragraph under Section 27-3, Modification of Area Regulations, Subsection 27-3.0. Yards General, to be numbered 27-3.01.07 and to read as follows: 27-3.01-07 Where a lot is to be occupied by a business or industrial use adjacent to a dwelling use'or any "R -1A", "R-18", "R-2", "A-1", or "A-2" zoning district, the construction of the City's standard screening fence (Ord. No. 8397) shall be required. Such fence shall be placed along the rear and side property lines that abut and are adjacent to the dwelling use or any "R -IA", "R -1B", "R-2", "A-1", or "A-2" zoning district and also along public rights-of-way if it is required to screen from view any service, parking, loading, trash, or storage area in conjunction with such use. The owners or tenants of such uses shall be required to maintain in good and sound condition all screening located within these areas." Mr. Townsend stated it was his recommendation that the words "if it is required" and "parking" be deleted, which in his opinion would more clearly reflect the intent of the Commission. No one appeared in opposition to the proposed amendment as modified by City Manager Townsend. Motion by Lozano, seconded by Branch and passed, that the hearing be, closed. Motion by Lozano, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and the Text Amendment to Article27, Supplementary Heights, Area, and Bulk Requirements, of the Zoning Ordinance requiring a screening fence between businesses and residential areas be approved as modified to read as follows: • • Minutes Regular Council Meeting November 24, 1971 Page 15 "27-3.01.07 Where a lot is to occupied by a business or industrial use adjacent to a dwelling use of any "R -1A", "R -1B", "R-2", "A-1" or "A-2" zoning district, the construction of the City's standard screening fence (Ord. No, 8397) shall be required. Such fence shall be placed along the rear and side property lines that abut and are adjacent to the dwelling use or any "R -1A", "R -1B", "R-2", "A-1", or "A-2" zoning district and also along public rights-of-way to screen from view any service, loading, trash, or storage area in conjunction with such use. The owners or tenants of such uses shall be required to maintain in good and soupd condition all screening located within these areas." City Manager Townsend presented the following ordinances: ORDINANCE NO. 10589 REPEALING ORDINANCE NO. 9923 AND THE AGREEMENT THEREBY AUTHORIZED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH IRA HAYLEY, ET AL FOR THE EXTENSION OF A SANITARY SEWER COLLECTOR MAIN TO SERVE WESTERN HILLS NO. 2, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND MARKED EXHIBIT "A";'AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10590 AMENDING THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, BEING ORDINANCE NO. 4168, AS AMENDED, BY AMENDING AND REVISING SECTION IV, SUBSECTION A-16 THEREOF, TO CLARIFY THE CITY'S POSITION REGARDING PARTI- CIPATING IN THE COST OF CONSTRUCTION OF CROSSINGS OVER DRAINAGEWAYS; PROVIDING THE CITY SHALL NOT PARTICIPATE IN CONSTRUCTION OF ANY BRIDGE NOT EXCEEDING FIFTEEN FEET; PROVIDING SUCH PARTICIPATION IN A BRIDGE EXCEEDING FIFTEEN FEET SHALL NEVER BE GREATER THAN A STATED FORMULA, EVEN WHERE ABUTTING PROPERTY IS A STREET OR OTHER PUBLIC PROPERTY; PROVIDING THE CITY SHALL NOT PARTICIPATE IN SUCH BRIDGE CONSTRUCTION WHERE THE SAME LIES OUTSIDE THE CITY LIMITS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. There being no further business to come before the Council, the meeting was duly adjourned at 4:40 p.m., Wednesday, November 24, 1971. I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of November 1, 1971, to November 30, 1971, inclusive, and having been previously approved by Council actio - - . me hereb approved. _ r. 4 r► RONNIE SIZ MO,ig' Mayor City of Corpus C i, Texas