Loading...
HomeMy WebLinkAboutMinutes City Council - 12/22/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 22, 1971 2:00 P. M. PRESENT: Mayor. Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Mayor Pro Tem Charles A. Bonniwell. The Minutes of the Regular Council Meeting of December 8, 1971, were approved as submitted to the Council. Mayor Sizemore announced the designation of December 25, 1971 as PRISONER OF WAY DAY in the City of Corpus Christi. City Manager Townsend presented for the Council's consideration the following ordinance: ORDINANCE NO. 10624 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: North Alameda from the North right-of-way line of Interstate 37 to the South Right of way line of West Broadway and Chipito Street (West side only) from the West right-of-way line of North Alameda approximately 140 L.F. Northward on Chipito REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; 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." Mayor Sizemore announced the public hearing for annexation by contract with Saratoga Land Company et al, of 405. 452 acres of land, Tract 1, being 330.68 acres of land, Lots 1 thru 4, Section 5, Flour Bluff & Encinal Farm & Garden Tracts, and Tract 2, being 74.772 acres, Section 12, Bohemian Colony Lands. City Manager Townsend reviewed the background of the proposal to annex by contract and pointed out the location of the property as being adjacent to the City limits along Saratoga Boulevard. He stated that a public hearing had been • Minutes Regular Council Meeting December 22, 1971 Page 2 held by both the Council and the Planning Commission and that a zoning plan for the approximate 405 acres, when it is annexed to the corporate limits of the City, had been approved. He named the individual owners of the property involved, and stated it was the Staff's recommendation that the annexation by contract be authorized. Mr. John Keltner, Vice-president of Saratoga Land Company was present to answer any questions, if any, regarding the annexation. No one appeared in opposition to the foregoing annexation proposal. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that an ordinance be brought forward authorizing the City Manager to institute annexation by execution of a contract between the City and Saratoga Land Company et al, for the annexation of two tracts of land, Tract 1, consisting of approximately 330.68 acres, and Tract 2, consisting of approximately 74.772 acres, situated in Lots 1 through 4, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, Lot 10, Oso Farm Tracts, Lot 7, and a portion of Lots 1 and 6, Section 11, Bohemian Colony Lands, as to Tract 1, and in Lot 1, Section 12, Bohemian Colony Lands, as to Tract 2. Mayor Sizemore called for the City Manager's Reports. Motion by Gonzales, seconded by Bonniwell and passed, that the City Manager's Reports, Items "a" through "k" be accepted, and that the requests and recommenda- tions be granted and approved as follows: a. That the lease with Southwestern Bell Telephone Company for a repeater station site be amended to change the site, allow for fencing by the Telephone Company, and provide right-of-way access for an all-weather road and necessary underground cables, the site location in the original contract being over an existing pipeline easement and needs to be relocated; (The basic lease is for 900 square feet for 50 years for $500, and the area is adjacent to the runway clear zone and could not be used for other purposes) b. That the Gault Aviation lease at International Airport be subordinated to SBA so that Gault can borrow $69,500 from SBA to offset uninsured costs of re- placing hangars and inventory stock lost during Celia. • Minutes Regular Council Meeting December 22, 1971 Page 3 c. That a joint public hearing be held on January 11, 1972 at 7:30 p.m., on an amendment to the zoning ordinance to authorize permits on lots between 5,000 and 6,000 square foot lots south of Agnes and West of Port; d. That the Platting Ordinance be amended to delete the reference to 5,000 square foot lots south of Agnes and west of Port; e. That the Building Code be amended to prohibit any type of residential construction below 12 feet and to prohbiit mobil homes whose floor elevation is below 12 feet; (the Code previously prohibited wood frame construction below 12 feet but does allow residential construction other than wood frame) f. That the Platting Ordinance be amended to require one -foot contours to be shown on plats where any portion of the plat is below 12 feet elevation; g. That the contract for the addition and renovation of the T. C. Ayers Recreation Center be awarded to Lee Roy Cole of Corpus Christi for $49,234, and that an appropriation of $52,000 from the Park Bond and Trust Funds to cover the award of the contract plus contingencies and additional architectural fees, be authorized; h. That Shell Oil Company and American Petrofina be permitted to become self-insured and exempted from the insurance and bonding requirements of the Land Drilling Ordinance No. 8879, and the Bay Drilling Ordinance No. 8294; (Presently there are eight oil companies operating in the City that are self- insured) i. That the abutting property owners on the North Alameda Street paving project be assessed curbs and gutters, sidewalks and driveway less credit for existing improvements plus the full cost of 1" hot -mix overlay to the center of the street and that the assessment roll as prepared by this method be the basis for a public hearing at 3:00 p.m., Wednesday, January 26, 1972; j. That the City participate with Crown Service Corporation toward the construction of a sanitary sewer line through Mobile Estates Subdivision for $2,768.25, this participation being necessary so that the sanitary sewer line can be constructed deeper to provide service to the land adjoining in the subdivision to the west and up to Corn Products Road; Minutes Regular Council Meeting December 22, 1971 Page 4 • k. Motion by Bonniwell, seconded by Branch and passed, that Parcels 32 and 33 for Bayfront Park Site #4 near Doddridge, 332 feet along Ocean Drive and 180 feet deep, be acquired by condemnation from Mr. and Mrs. 0. D. Edwards since the owners have not indicated any willingness to negotiate a sale. Mrs. N. E. Sullivan, 3714 Liberty, inquired as to why the date of January 5, 1972 is being set for a joint public hearing on an amendment to the zoning ordinance to authorize permits on lots between 5,000 and 6,000 square feet since no plats had been filed since the Council decided not to allow 5,000 foot lots. City Manager Townsend explained that January 5 was recommended because of a matter brought before the Council last week relative to Star Crest Subdivision where the owner was of the understanding that he had a working plat; that the next meeting of the Planning Commission is set for January 4, and January 11 would allow this case to be included simultaneously with other pending cases. Mr. J. W. Gary, attorney representing the Padre Island Investment Corpora- tion, appeared relative to the ordinance appearing on the agenda amending the Platting Ordinance (No. 4168) to require one -foot contours on both the preliminary and final plat in areas of 12 -foot or less elevation and to "require a note to be placed on the plat restricting residential structures below elevation 12 feet mean tide." He stated the latter requirement would present a difficult problem for a substantial number of people who have property to be platted outside Corpus Christi but within the five -mile zone. City Manager Townsend stated that Mr. Gary's concern is a valid one, and suggested that the wording of the ordinance be changed to read: "if the plat of land at 12 -foot mean tide level or less is within the corporate limits of the City of Corpus Christi, then a note shall be placed on the plat restricting residential structures below the 12 -foot elevation." The Council concurred in this recommen- dation. ORDINANCE NO. 10625 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: NORTH ALAMEDA FROM THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE 37 TO THE SOUTH RIGHT- OF-WAY LINE OF WEST BROADWAY AND CHIPITO STREET (WEST SIDE ONLY) FROM THE WEST RIGHT-OF-WAY LINE OF NORTH ALAMEDA APPROXIMATELY 140 L.F. NORTHWARD ON CHIPITO Minutes Regular Counil Meeting December 22, 1971 Page 5 • DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, ORDERING AND SETTING A HEARING TO BE HELD JANUARY 26, 1972, at 3:00 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; 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 N0. 10626 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 ESTAB- LISHMENT 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 DECLAR- ING 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 AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI ROTARY CLUB, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A" AND INCORPORATED HEREIN FOR ALL PURPOSES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye." FIRST READING OF AN ORDINANCE AMENDING CHAPTER XXIX OF THE BUILDING CODE, ADOPTED BY .ORDINANCE NO. 10379, AND PARTICULARLY AS ADOPTED BY SECTION 2 OF ORDINANCE NO. 9672, BY REPEALING THE SAME AND IN LIEU THEREOF, ADOPTING A NEW CHAPTER XXIX SO AS TO REQUIRE THAT RESIDENTIAL BUILDINGS, INCLUDING MOBILE HOMES, HAVE A MINIMUM FIRST FLOOR ELEVATION OF 12 FEET; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye." FIRST READING OF AN ORDINANCE AMENDING THE PLATTING ORDINANCE NO. 4168 AS AMENDED, SO AS TO REQUIRE ONE -FOOT CONTOURS ON BOTH THE PRELIMINARY AND FINAL PLAT IN AREAS OF 12 -FOOT OR LESS ELEVATION AND TO REQUIRE A NOTE TO BE PLACED ON THE PLAT RESTRICTING RESIDENTIAL STRUCTURES BELOW ELEVATION 12 FEET MEAN TIDE; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye." • • Minutes Regular Council Meeting December 22, 1971 Page 6 FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 10433, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 25, 1971, APPROVING A CONTRACT BETWEEN THE CITY AND SOUTHWESTERN BELL TELEPHONE COMPANY PROVIDING FOR THE LEASING OF A SITE LOCATION AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A REPEATER STATION, 50 AS TO CHANGE THE DESCRIPTION OF THE SITE, ALLOW FOR FENCING OF THE AREA BY THE GRANTEE, AND TO PROVIDE THE SITE RIGHT-OF-WAY ACCESS FOR ALL-WEATHER ROAD AND UNDERGROUND CABLES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gon- zales, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 10627 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LEE ROY COLE CONTRACTOR FOR THE CONSTRUCTION OF THE EXPANSION OF T. C. AYERS RECREATION CENTER, PROJECT NO. 291-70-11; APPROPRIATING $52,000 OF WHICH $44,853 IS OUT OF THE NO. 291 PARK BOND FUND AND $7,147 IS OUT OF THE NO. 111 TRUST FUND, ACCOUNT NO. 1752, PARK DEVELOPMENT UNRESTRICTED; OF SAID APPROPRIATION $49,234 IS FOR THE CONSTRUCTION CONTRACT AND $2,766 IS FOR RELATED 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, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 10628 THIRD READING OF AN ORDINANCE AUTHORIZING 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 third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 10629 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN TRACTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIEN - HOLDERS OF RECORD; SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS NO. 32 AND 33, BEING LOTS 2 AND 3, BLOCK 4, COLE PLACE, FOR BAYFRONT OPEN SPACE PARK SITE NO. 4, PROJECT NO. 291-70-8; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, 0. D. EDWARDS AND WIFE, PATTIE W. EDWARDS, TO CARRY OUT THE INTENTIONS OF 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, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 10630 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SARATOGA LAND COMPANY, ET AL, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING Minutes Regular Council Meeting December 22, 1971 Page 7 EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF TWO TRACTS OF LAND, TRACT 1, CONSISTING OF 330.68 ACRES, $ORE OR LESS, AND TRACT 2, CONSISTING OF 74.772 ACRES, MORE OR LESS, RESPECTIVELY RITUATED IN LOTS 1 THROUGH 4, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOT 10, OSO FARM TRACTS, LOT 7, AND A PORTION OF LOTS 1 AND 6, SECTION 11, &OHEMIAN COLONY LANDS, AS TO TRACT 1, AND IN LOT 1, SECTION 12, BOHEMIAN COLONY LANDS, AS TO TRACT 2, ALL AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRA- TERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING EFFECTIVE DATES; PROVIDING SEVERABILITY; 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." (See subsequent action this meeting) City Manager Townsend presented the following supplemental recommendations: 1. That the letter offer of Mr. Nat Friedman, acting as spokesman for a group of downtown business men, not be accepted but that the owners be thanked for their generous offer of the Center Building as a possible City Hall. He listed reasons for not accepting the offer (1) the total cost of rehabilitation of the building; (2) difficulty in providing adequate parking; and (3) cost would involve major capital and possibly a bond issue. He stated that all three of these indicate that the offer should not be accepted, but that a long-range study should be explored because there is a definite need for space. m. That the Flour Bluff Water Line project constructed by Austin Engineer- ing Company be accepted as complete. The work has been completed in accordance with plans and specifications, and final payment of $111,248.44 must be approved by the E.D.A. n. Recommendation that the Laguna Madre Water Line project be accepted as complete. The project has been constructed by Blue Water Industries, Inc.; and the final estimate in the amount of $59,792.03 must be approved by E.D.A. Motion by Bonniwell, seconded by Bosquez and passed, that the foregoing City Manager's Reports, Items "1", "m" and "n" be approved as presented. Mr. David Saenz, 1437 Tenth Street, stated he concurred in the recommenda- not be accepted as a City Hall. He tion of the City Manager that the Center Building/stated he did/believe it to be suitable for City Hall, Courthouse or the Corpus Christi School District. He stated he would favor new buildings to house all these facilities. Mayor Sizemore announced the appointment of the following persons to make up the Police Department's newly created Community Relations Program: Lt. 0. B. Bell, Chairman; Sgt. M. R. Garza; Patrolman Johnny Alaniz; Patrolman G. C. Bennett; and Patrolman L. S. Scott. • Minutes Regular Council Meeting December 22, 1971 Page 8 Following an inquiry as to who would be appointed to make up this five - man team, Mrs. Rudy Gonzales, 1801 Yale, commended the selections stating that she knew three of them and that they had worked well for the community's interest. Mr. James Stubbs, representing Custom Metals Builders, Inc., appeared and requested an exception to the recently enacted Ordinance No. 10597 which requires that a standard screening fence be constructed between all commercial and residential properties. He pointed out that Safeway Scaffolds Equipment & Supply Company is located in the center of an "I-2" zoning area with a residence in front and in the rear, and that 135 feet of scattered screening fences will be required to comply with the ordinance even though this is an all "1-2" zoning district. He explained that he had brought the matter to the Council after consulting with the Inspection Section and the Planning Department. He stated that the standard screening fence would not benefit the residences, and that the only logical type of screening fence in areas surrounded by "I-2" zoning should be a chain link fence with barbed wire at the top. He stated the complaint is directed at the requirements of the ordinance as being excessive; that Mr. Forrest Jordan, owner of Safeway had not been aware of the requirement for a standard screening fence and had reached a point where he could not continue the development because of the cost. Mayor Sizemore pointed out that the ordinance was written for the protec- tion of the residences and not the owners, and that Mr. Jordan had probably placed himself in this predicament when he sold some of his adjacent property. He stated there is no way the Board of Adjustment can waive the requirements of the ordinance and that one other alternative would be a text amendment, but pointed out the length of time it would require to go this route,probably not in time to provide the relief the complainant desires. He stated that the neighbors should be made aware that under the provisions of the ordinance they are entitled to have the standard screening fence before a poll is taken to determine if they would be agreeable to a series of chain link fences. * * * * * * * Following a brief recess Mayor Sizemore reconvened the meeting at 3:35 p.m. and announced the Council would now consider the scheduled five zoning applications. City Manager Townsend presented Application #1171-11, Roy Smith and E. C. Peterson, which was scheduled as the last application on the agenda, and stated that the application had been withdrawn by the applicant. • Regular Council Meeting December 22, 1971 Page 9 City Manager Townsend presented Application #1171-8, Jack E. Painter, for change of zoning on Tract A, from "R -1B" One -family Dwelling District to "B-4" General Business District on a 5.1 -acre tract out of Lots 2 and 3, Section 31, Flour Bluff & Encinal Farm & Garden Tracts; and for change of zoning on Tract B, from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 29.3 - acre area out of Lots 1 and 2, Section 30, and Lots 2 and 3, Section 31, Flour Bluff & Encinal Farm & Garden Tracts, both tracts located in the 8200 Block of South Padre Island Drive; stated that the Planning Commission had heard the application on November 23, 1971, and recommended that the request be approved as submitted, and that Tract A not be limited in depth as recommended by the Staff because Baylark Drive will be extended into the subject property as indicated on the preliminary plat, and this development will not be detrimental to the adjacent residential developments since only 100-125 units are proposed for Tract B. A discussion ensued with reference to this application in regard to the ordinance passed this date on elevation of buildings and construction. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Stark, seconded by Gonzales and passed, that the hearing be closed. Motion by Branch, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and that Application #1171-8, Jack E. Painter, for change of zoning on Tract A, from "R -1B" One -family Dwelling District to "B-4" General Business District on a 5.1 -acre area out of Lots 2 and 3, Section 31, Flour Bluff & Encinal Farm & Garden Tracts; and for change of zoning on Tract B, from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 29.3 -acre area out of Lots 1 and 2, Section 30 and Lots 2 and 3, Section 31, Flour Bluff & Encinal Farm & Garden Tracts, both tracts located in the 8200 Block of South Padre Island Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1171-9, Ted Anderson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on an approximate 4.5 -acre area out of Lot 2, Byron Willis Subdivision, located south of the 4100 Block of South Padre Island Drive, east of Weber Road; • Minutes Regular Council Meeting December 22, 1971 Page 10 stated that the Planning Commission heard the case on November 23, 1971, and forwarded it to the Council with the recommendation that it be approved as a logical extension of the existing "I-2" zoning to the north and west because this is a land fill area and cannot be utilized for any permanent structure, the drainage ditch will sufficiently separate this development from the residential development to the south, and the applicant is willing to impose deed restrictions on this property against highly objectionable uses (the same as on Kibby Industrial Tract). Mr. Townsend pointed out that the streets and easements in the area had been vacated and closed recently by the Council and this application is in connection with development on a large tract. Mr. W. H. Stahl, 4901 Kostoryz, appeared in opposition to the foregoing application stating that there is already too much industrial zoning in the City. No one else appeared in opposition to the recommendation of the Planning Commission. 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 that Application #1171-9, Ted Anderson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on an approximate 4.5 -acre area out of Lot 2, Byron Willis Subdivision, located south of the 4100 Block of South Padre Island Drive, east of Weber Road, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1171-10, Santa Fe Land Com- pany, for change of zoning from "AB" Professional Office District and "B-4" General Business District to "B-5" Primary Business District on all of Block III, Ocean View Addition, located in the 1300 Block of Santa Fe Street; stated that the Planning Commission heard the application on November 23, 1971, and forwarded to the Council with the recommendation that it be approved because the development would be an improvement to this delapidated area and the applicant has presented valid reasons for requesting primary business district. Mr. Townsend pointed out that the Staff recommended denial of the application; and that the intersections of Morgan and Third and Morgan and Santa Fe are high -accident intersections. Minutes Regular Council Meeting December 22, 1971 Page 11 • A discussion ensued as to development in this area with advantages and disadvantages that could result from a change in the present zoning, particularly, in regard to setback requirements with "B-5" zoning. Mr. Robert Brummett, Vice President of Santa Fe Land Company, appeared in support of the proposed zoning change and presented letters from four property owners in favor of the change. He stated sections of the Zoning Ordinance regarding set- back requirements, presented a sketch of the area with proposed improvements, and discussed the development presently and for the future. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, that the foregoing appli- cation be tabled for further consideration. City Manager Townsend presented Application #1171-12, Harold Hoelscher, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on all of Lots 30, 31, and 32, Block 3, Westchester Place, located in the 4500 Block of UpRiver Road; stated that the Planning Commission heard the case on November 23, 1971, and forwarded to the Council with the recommendation that it be approved as a good transition between the business property to the north and the residential subdivision to the south. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Motion by Bonniwell, seconded by Bosquez and passed, that the recommenda- tion of the Planning Commission be concurred in and that Application #1171-12, Harold Hoelscher, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on all of Lots 30, 31 and 32, Block 3, Westchester Place, located in the 4500 Block of UpRiver Road, be approved as requested, and that an ordinance be brought forward effectuating the change. • Minutes Regular Council Meeting December 22, 1971 Page 12 Mr. Carl Duaine, surveyor,of 1624 Craig, appeared before the City Council in regard to an appeal from action of the City Manager and Director of Engineering Services in relation to a replat of a part of Kingswood Addition. City Manager Townsend briefed the Council on this appeal and read a letter from Mr. Duaine requesting action on this case by December 15. He stated that after talking to Mr. Duaine last week, it had been agreed that the appeal would be heard this week. Mr. Duaine appeared and complained that he has repeatedly made changes in the replat for Kingswood Addition and each time he has returned the Director of Engineering Services had required more corrections. He gave the detailed history of this appeal and all the problems involved, with drainage, easements and adjacent property included, and that these problems had begun over four years ago; that he must have this replat approved in order to have it filed; and that there is a large amount of money involved. City Manager Townsend stated that each time Mr. Duaine and Mr. Lontos had differences of opinion regarding the replat, the problems have been worked out mutually to the satisfaction of all concerned. The Council and Staff held a lengthy discussion on the replat and why so many problems seem to be constantly arising. Mr. Lontos stated that sometimes problems arise when the surveyor and engineer don't agree on what is to be done. On this particular replat, Mr. Lontos stated that the easement required was brought in this morning but he had requested information as to why 20' inlets were being used for drainage instead of 5' inlets. When he receives an answer on the inlets, the replat will be approved. Mayor Pro Tem Sonniwell asked why the plat must be approved before it can be filed for record. City Manager Townsend and Mr. Lontos stated a section of the Platting ordinance sets out the requirements. James R. Riggs, City Attorney, quoted certain sections of the City Charter in relation to this requirement. Mr. Duaine then pointed out Moorehouse Addition wherein his client had dedicated right-of-way for street easement and the property owner on the other side did not dedicate right-of-way. City Manager Townsend explained the problems on the street dedication and Minutes Regular Council Meeting December 22, 1971 Page 13 stated that the property owner across from Mr. Duaine's client had been advised that the dedication of property must be made or a condemnation suit will be filed,. but that this is a problem that cannot be solved in a few weeks or even a few months. Mr. Duaine stated that his client has dedicated 30' for right-of-way and has the money for water lines. Mayor Sizemore requested that the City Manager submit a recommendation in writing for the solution of this problem. City Manager Townsend presented a resolution commending W. J. (Wrangler) Roberts for the time and effort he has spent on the Coastal Bend Council of Govern- ments. RESOLUTION NO. 10631 IN RECOGNITION AND APPRECIATION OF THE SERVICES OF W. J. (WRANGLER) ROBERTS TO THE COASTAL BEND COUNCIL OF GOVERNMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." Motion by Bonniwell, seconded by Branch and passed, that City Manager Townsend draft a letter to the Municipal Arts Commission regarding their general responsibilities, jurisdictions and duties defined by Ordinance. • The Council Meeting was recessed for approximately five minutes in order to hold the Corpus Christi Municipal Gas Corporation meeting. When the meeting was reconvened, City Manager Townsend stated that City Attorney Riggs and Attorney J. W. Gary had found some technical problems regard- ing the annexation ordinance (No. 10630) of Saratoga Land Company passed earlier in the meeting. Notion by Bonniwell, seconded by Branch and passed, that the previous action of the Council approving Ordinance No.10630 be rescended, that reconsidera- tion be given to the annexation ordinance, and that it be tabled until the next meeting. Mayor Sizemore read a letter from Curtis Dyer, Chairman of the Board of Adjustment, requesting that Stanley Martinez, Regular Member, and Bill House, Alternate Member, be replaced on the Board for non-attendance, and requested the Council to consider replacements at the next meeting. • Minutes Regular Council Meeting December 22, 1971 Page 14 Motion by Branch, seconded by Bonniwell and passed, that Mr. John M. Green, be appointed to the Citizens Health and Welfare Advisory Board to replace Miguel Gonzalez, whose term has expired. There being no further business to come before the Council, the meeting was duly adjourned at 5:30 p.m., Wednesday, December 22, 1971.