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HomeMy WebLinkAboutMinutes City Council - 01/12/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 12, 1972 2:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.Q. 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 Rabbi Arthur Morgenstern of Bnai Israel Synagogue. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of December 29, 1971, were approved as presented to the Council. Mayor Sizemore presented Certificates of Appreciation to retiring City employees as follows: Homer Charters, 19 years in the Park & Recreation Department, Golf Division; Irene Anglin, 17 years, Library; Santiago Saenz, 15 years Street Department; Mary Elliff, 22 years in the Public Utilities Department; Rafael Soto, 24 years in the Water Department, Filtration Division; Paul E. Jones, 17 years in the Water Department, Filtration Division; Norberto Villarreal, 21 years in Maintenance Department at City Hall; Fortunato Mendiola, 17 years in the Street Department; W. H. Hill, 17 years in the Water Department; J. F. Ash, 26 years, Maintenance Department; J. C. Elliott, 26 years in the Sanitation Department; Eristeo Espinosa, 12 years in Park & Recreation Department - Coliseum; Pablo Sosa, 19 years in the Sanitation Deportment; and Jesus C. Lopez, 26 years in Park & Recreation. The employees were introduced and commended by their respective department heads and supervisors. Mayor Sizemore announced the issuance of a proclamation designating the week of January 16 through 22, 1972, as JAYCEE WEEK. Mayor Sizemore recognized and welcomed a group of foreign students who have been touring points of interest in the City as part of their work at St. John's University, Collegeville, Minnesota. Mr. Charles Kaler, official of National Youth Council, and Mrs. James Albright, Minutes Regular Council Meeting January 12, 1972 Page 2 a local host, introduced the following students: Richard S. LaValley, U.S.A., Bruce Keifenheim, U.S.A.; Eddie Lee, Hong Kong; Betty Biome, U.S.A.; Nelly Herber, Switzerland; Karin Piotrowski, U.S.A.; Trung Ngoc TU, Vietnam; David J. Dagat, Nigeria; Philip Leung, Hong Kong; and Joseph Wong, Hong Kong. Mayor Sizemore announced the public hearing for annexation by contract between the City and the Saratoga Land Company et al, of 405.452 acres of land. City Manager reviewed the background of the proposed annexation and pointed out the area on the map as being along Saratoga Boulevard, on both sides of Everhart and both sides of Weber, and being those areas on which a public hearing was held September 8, 1971, for consideration of a Text Amendment to the Zoning Ordinance dealing with a provision of automatically zoning territory of areas "R -1B" One -family Dwelling District when annexed to the City until a permanent zoning is established, at which time the Council agreed upon this zoning plan. He explained that this public hearing is being held in compliance with the State Law governing this type of annexation. He stated a certain timetable is to be followed, and that the owners have indicated that they intend to develop the land according to the plan presented. He stated that storm sewer facilities have been partially paid for by the developers and the outlying areas by the City; explained the agreement for sanitary sewers and public water supply and water mains to be extended by the developers. He stated that the ordinance presented December 22, 1971, was reconsidered because the description contained in that ordinance did not include the streets. No one appeared in opposition to the foregoing annexation proposal. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed, and that an ordinance be brought forward within the timetable of not less than ten days, instituting the annexation by contract. Mayor Sizemore called for the City Manager's Reports. Motion by Stark, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "g" be accepted, and that the requests and recommendations be granted and approved as follows: • Minutes Regular Council Meeting January 12, 1972 Page 3 a. That a contract be awarded to Carrier Air Conditioning Company of San Antonio, for replacement of an Evaporator Tube Bundle in the air conditioning unit at International Airport, on the basis of their low bid of $8,500.00; ;Bids were received from two firms.) b. That the contract for the construction of minor storm sewer improvements along Ocean Drive be awarded to Arnold Utility Contracting Company for $36,824.24; and that an appropriation of $40,000.00 to cover the contract and related expenses be author:zed; c. That outdated sections of the City Code be repealed as follows: (1) Sections 37-25 to 37-37 - the old auto -car or trailer ordinance now replaced by provisions of the Zoning Ordinance and the Building Code; and (2) Sections 30-10 thru 30-12 relating to blowing train whistles on Corpus Christi Beach,, the tracks having been removed from the residential and commercial areas on the Beach; d. That the City enter into an agreement with Oso Bay Limited, Developers of Pharaoh Valley, Carriage Park Townhouse East, whereby the developer will construct a 15" sanitary sewer main rather than an 8" line in McArdle Road, and the City will reimburse the developer $5,925.00 for its share of oversize and overdepth; and that an appropriation of $5,925.00, including $374.50 for engineering be authorized; (Bonds for this project were voted in 1967 for a lift station and sewer main along McArdle from Anchor Harbor and South Bay Addition to Rodd Field Road - the line is 1410 feet of approximately 6,000 feet of line to be constructed) e. That the plans and specifications for the improvements to the Corpus Christi Municipal Marina, Phase I (building work), including the construction of restroom facilities, remodeling the transformer building, enlarging the concession stand at the Peoples Street T -Head, remodeling the transformer building at the Lawrence Street T -Head, construction of a bait stand, remodeling of the restrooms and transformer building at the L -Head, be approved, and bids be received February 2, 1972; f. That a public hearing be held on February 2, 1972, at 3:30 p.m., on the following zoning applications: (1) Marshall W. Pearce - from "R -1B" to "B-4", on the south right-of-way line of Knickerbocker Street, east of Laguna Shores Drive; t Minutes Regular Council Meeting January 12, 1972 Page 4 (2) Robert A. Kessler - from "R -1B" to "B-1", on the southeast corner of Glenoak and Flour Bluff Drives; (3) Allied Specialty Company - from "F -R" to "1-2", north right-of-way line of Wooldridge Road east of South Staples Street; g. That the City Manager be authorized to execute documents necessary to apply for a Federal Grant under the Housing and Urban Development Act of 1965, Public Law 89-117 as amended, for Storm Sewer Improvements in Mayfield-Starlite area, Kostoryz Road from Padre Island Drive to Saratoga, Norton Street and Matlock Street, at an estimated construction cost of $650,719.00 with the Federal Government providing approximately 50% of the cost or $325,359.00. City Manager Townsend presented a recommendation that a contract be authorized with IBM for the rental of expanded computer facilities at a cost of $7,569 per month plus approximately $2,000 of one time costs for system services to assist with the transition. He explained that this monthly cost is less than the amount previously approved for RCA in the contract authorized in the spring of 1971 and cancelled on October 13, 1971, after RCA announced that it would no longer be manufacturing computers; that the proposal by IBM was considered the second best proposal by the consultants, Touche, Ross and Company, who were employed to assist in the evaluation of proposals; that IBM can deliver the computer in March, which will place the City in a position of running all of its present programs on the new equipment by the end of 1972; that after additional program design for the police information system, probably through the use of a consultant, the City will be ready to place the police information system on line and at that time, will need to further expand the disc and processor storage capacity of this system. Immediately prior to this presentation a voluminous assemblage of background information was furnished the Council by Assistant City Manager Archie Walker. Motion by Bonniwell,seconded by Lozano and passed, that the foregoing recommendation be tabled to afford the Council an opportunity to review the background information presented. City Manager Townsend presented the pending item of the proposal of the Marina Board to place a dry boat storage facility on the L -Head, generally in the area of the old Heliport with construction of a chainlink fence around the facility so that boats can be left • Minutes Regular Council Meeting January 12, 1971 Page 5 there in a relative secure state. He explained that the proposal was presented to the Council on October 6, 1971, at which time bids were authorized to be received October 26, 1971; that specification problems had developed and bids were not received at that time. Mr. Townsend presented a sketch of an alternate proposal of the area involved. He stated that the plans and specifications are now ready and that bids can be received February 1, 1972. Mr. Dudley Foy, attorney, 336 Meldo Park, appeared stating he was speaking as a private citizen in opposition to the proposed dry boat storage facility on the L -Head, stating he felt the proposal was unwise and not in the interest of the general public; that the existing boat ramp is the only one in the Bayfront Area and is used extensively by the public; that the proposed facility would hamper persons launching and recovering their boats; would be a deterrent for sightseers; that parking would be stymied, pointing out that the right combination of weather and weekends results in congested areas, and that 35 to 40 minutes is required for launching at the present time. He stated that it was his opinion that instead of destroying the only launching facility we have, the City should be building additional ramps. He stated he did not feel the facility in the southern part of the City would relive the problem downtown because of the weather factor, stating that most boatmen and water skiers have to be within sheltered waters. He stated his main objection is that the ramps would not be used by the general public and that sailboat owners would be given an advantage over power boat owners. Mr. Ben Marks, 434 Delaine, speaking as a private citizen, spoke in opposition to the proposed dry boat facility, stating that he agreed with the objections pointed out by Mr. Foy, and that until other facilities are made available, this proposed plan should not be adopted. He commented that he is afraid that the City is being attracted by the fees rather than the needs of the general public whose taxes have constructed the facility. work Mayor Sizemore pointed out that the Council is trying to/with the Parks and Wildlife Association to build more ramps, including parking facilities, in the southern part of the City; that the recommendation came from the Marina Board and is not necessarily a recommendation of the Staff, and that the revenue factor had not entered into the proposal. Dr. Jack McKemie, 235 Oleander, proponent of the proposed boat storage facility, stated that a large amount of money was not being risked; that the facility would be amortized • • Minutes Regular Council Meeting January 12, 1972 Page 6 and paid off in two years, and if at any time the City finds the fence objectionable, it could be removed without any loss; that he is not in agreement as to the alleged congestion; stating that the only congestion now is the old boats whibb should be hauled off. He stated that the sailboats which will be involved will use electric hoists which will not congest the ramps. He re-emphasized that the area will be for rent on a first come first served basis; that he feels the area will be benefitted by encouraging sailboat activities from the standpoint of tourist attraction and providing sports activities for young people. spoke in opposition, Mr. Dick Nichols, 4101 Schanen,/ stating that from his own personal experience he feels the parking situation would become more of a problem than now, and that the space is inadequate. Mr..W. H. Stahl, 4901 Kostoryz, spoke in opposition claiming that the City was spending too much money for the benefit of the effluent population and not enough on the poor. Motion by Stark that the recommendation of the Marina Board be accepted, and that the Staff be authorized to advertise for bids for construction of the proposed dry boat storage facility on the L -Head according to the alternate plan as presented by the City Manager. The motion died for lack of a second. Motion by Lozano, seconded by Branch and passed, Stark voting "Nay", that the proposal to construct a dry boat storage facility on the L -Head, be tabled until a more acceptable plan is presented. City Manager Townsend presented the pending item of Zoning Application #1171-10, Santa Fe Land Company, on which a public hearing was held December 22, 1971, tabled for further discussion of the problems of setback lines, discussed further January 5, 1972, and tabled pending return of Mayor Sizemore. Mr. Paul Hamon, 4221 Avalon, stated that it is impossible for the applicant to construct the proposed building unless the requested "B-5" is granted, and that "B-4" would not be acceptable because of the setback requirements. City Manager Townsend stated that the applicant had not been contacted by the Staff as to whether or not they are prepared to accept lesser zoning, but that this could be done if the Council so desired. • Minutes Regular Council Meeting January 12, 1972 Page 7 The possibility of deed restrictions was discussed, and it was pointed out that the property could be deed restricted to control the setbacks and signs. The motion by Gonzales, seconded by Lozano that the recommendation of the Planning Commission be concurred in for approval of "B-5" zoning was withdrawn. Motion by Lozano, seconded by Gonzales and passed, that the recommendation of the Planning Commission not be concurred in and that Application #1171-10, Santa Fe Land Company, 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, be denied, but in lieu thereof a Special Permit be granted with signs limited to "B-4" regulations on the entire tract, and that an ordinance be brought forward effectuating the Special Permit subject to an approved site plan. City Manager Townsend presented the pending item relative to the proposed amendment to the text of the Zoning Ordinance establishing a final date of acceptance of plats with 5,000 square foot lots, on which a joint public hearing of the Planning Commission and the Council was held January 11, 1972, and as a result of that meeting the Planning Commission forwarded to the Council the following recommendation:That Article 27 of the Zoning Ordinance be amended to read: "27-3.05.02 In any subdivision that has been finally platted by action of the Planning Commission prior to January 5, 1972, which includes lots of less than 6,000 square feet but no less than 5,000 square feet in area, a single-family dwelling may be erected provided the required lot width and yard regulations are observed." Mr. Sam Crecelius, 241 Bayridge, developer of Star Crest No. 2, which contains 91 lots, appeared and urged that the Council approve the recommendation of the Planning Commission of January 11. Commissioner Stark stated that in view of the need for housing, the undue need to force developers to replat, and thus denying citizens of Corpus Christi the needed medium priced housing, and in view of the fact that there are so few of these lots which fall in the 5,000 foot category, he would favor adopting the recommendation. Motion by Stark, seconded by Lozano, Gonzales, Bonniwell, Bosquez, and Branch voting "Nay" that the recommendation of the Planning Commission be approved, establishing • Minutes Regular Council Meeting January 12, 1972 Page 8 the date of January 5, 1972, as final date of acceptance of plats with 5,000 square foot lots. Mayor Sizemore declared the motion had failed for lack of sufficient affirmative votes. Motion by Stark, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be amended changing the recommended date of January 5, 1972, to July 21, 1971, and that Article 27 of the Zoning Ordinance be amended as follows: "27-3.06.02 In any subdivision that has been finally platted by action of the Planning Commission prior to July 21st, 1971 which includes lots of Tess than 6,000 square feet but no less than 5,000 square feet in area, a single-family dwelling may be erected provided the required lot width and yard regulations are observed." ORDINANCE NO. 10655 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACTOF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 10656 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 23, 1955, AS AMENDED, KNOWN AS THE PLATTING ORDINANCE BY DELETING CERTAIN SECTIONS THEREOF SO AS TO DELETE THE PROVISION FOR LOTS OF 5,000 SQUARE FEET IN THAT AREA SOUTH OF AGNES AND WEST OF PORT AVENUE; PROVIDING THAT LOTS PLATTED PRIOR TO THIS ORDINANCE SHALL NOT BE DEEMED IN VIOLATION UNDER CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the follow- ing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting January 12, 1972 Page 9 ORDINANCE NO, 10657 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH 050 BAY LIMITED, DEVELOFERS OF PHARAOH VALLEY, CARRIAGE PARK TOWNHOUSE EAST, FOR PARTICIPATION IN OVERSIZING AND EXTRA DEPTH FOR A SANITARY SEWER LINE IN MCARDLE ROAD ACCORDING TO THE MASTER PLAN; APPROPRIATING OUT OF THE SANITARY SEWER BOND FUND, NO. 250, THE SUM OF $5,925, OF WHICH $5,530.50 IS FOR OVERSIZING AND EXTRA DEPTH, AND $394.50 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 250-67-54; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwel I, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10658 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ARNOLD UTILITY CONTRACTORS, INC., FOR THE CONSTRUCTION OF OCEAN DRIVE MINOR STORM SEWER IMPROVEMENTS; APPROPRIATING $40,000 OF WHICH $31,500 IS OUT OF NO. -220 STREET BOND FUND, APPLICABLE TO PROJECT NO, 220-70-126, $28,999.09 BEING FOR THE CONSTRUCTION CONTRACT AND $2,500.91 BEING FOR CONTINGENCIES AND RELATED EXPENSES, AND $8,500 IS FROM THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO, 295-70-75, $7,825.15 BEING FOR THE CONSTRUCTION CONTRACT AND $674.85 BEING FOR CONTIN- GENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwel I, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 10659 REPEALING SECTIONS 6, 7, AND 8, ORDINANCE NO. 3824, APPEARING AS SECTIONS 30-10, 30-11 AND 30-12, RESPECTIVELY, OF CORPUS CHRISTI CITY COE, 1958, PERTAINING TO TRAIN WHISTLES IN THENORTH BEACH AREA OF THE CITY; 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. 10660 REPEALING ORDINANCE NO. 786, APPEARING AS SECTIONS 37-25 THROUGH 37-37, INCLUSIVE, OF THE CORPUS CHRISTI CITY CODE, 1958, PERTAINING TO REGULATION OF AUTOMOBILE TOURIST COURTS AND TOURIST COURTS, COTTAGES AND HOUSE CARS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, LozanoandS`ark, present and voting "Aye". r • Minutes Regular Council Meeting January 12, 1972 Page 10 RESOLUTION NO. 10661 AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR A FEDERAL GRANT UNDER THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965, PUBLIC LAW 89-117 AS AMENDED, AND TO SIGN THE NECESSARY DOCUMENTS REQUIRED IN ORDER TO COMPLETE THE CONSTRUCTION OF CERTAIN STORM SEWER MAINS AND COLLECTOR FACILITIES INCLUDING MAYFIELD DRIVE-STARLITE LANE AREA, KOSTORYZ ROAD FROM PADRE ISLAND DRIVE TO SARATOGA BLVD., NORTON STREET AND MATLOCK STREET, 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, Bonniwel I, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". RESOLUTION NO. 10662 EXPRESSING THE OPPOSITION OF THE CITY OF CORPUS CHRISTI TO H.R. 10924, CURRENTLY PENDING IN THE UNITED STATES CONGRESS WHICH IS A BILL TO AMEND THE URBAN TRANSPORTATION ACT OF 1964, AS AMENDED, TO PROHIBIT FEDERAL FINANCIAL ASSISTANCE TO ANY PUBLIC TRANSIT AUTHORITY ENGAGED IN CHARTER BUS OPERATIONS OUTSIDE THE URBAN AREA WITHIN WHICH IT PROVIDES MASS TRANSPORTATION SERVICE; FINDING THAT THE PASSAGE OF SAID BILL IS AGAINST THE PUBLIC INTEREST AND WELFARE OF THE CITIZENS OF THE CITY; DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS RESOLUTION TO THIS DISTRICT'S CONGRESSMAN AND TO THE CHAIRMAN OF THE COMMITTEE ON BANKING AND CURRENCY; 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 called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Robert Waycoff, 117 Cheyenne, appeared speaking in behalf of AL Dyer, and stated that he and Mr. Dyer had talked with Attorney General Crawford Martin regarding the City's enforcement of the ordinance prohibiting bingo games, and were advised that the laws against gambling, including bingo games, will be enforced. Mr. Waycoff stated that they had indicated that officers would be in Corpus Christi sometime this month for the purpose of locating these illegal operations. He stated that they would also pursue the enforcement of the law regarding BB guns in the City which he stated is not being enforced. Mr. Waycoff was advised of the City's established procedure for presenting complaints, and was asked to follow this procedure. • Minutes Regular Council Meeting January 12, 1972 Page 11 Mr. Travis Smith, 433 Wilma, appeared and requested that the City authorize purchase, through the Tree ForestServices, a variety of seedling trees, which he stated are available at lower prices than other larger trees which the City has purchased. He suggested varities including Pine, Sycamore, Liveoak, Chinese Elms, etc. which he stated will withstand hurricane winds better than some of the trees current) grown in the City. He presented snapshots of some of these trees, some of which were taken in his owr. yard. He stated that he had given the Park Department some 2,000 seedling trees some time ago, but that they had been allowed to die. City Manager Townsend explained that because of the size of the seedling trees, they had not received the proper attention, but that Mr. Smith's suggestion would be given consideration. Following a brief recess, Mayor Sizemore called the meeting to order and announced the Council would conduct the scheduled'public hearings on five zoning applications. City Manager Townsend presented Application #1271-3, Mr. and Mrs. Robert E. Sliger, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on all of Lots 1 & 2, Block 6, Del Mar Addition, located at 1739 Second Street. He explained that the request had been heard by the Planning Commission December 7, 1971, and forwarded to the Council with the recommendation that it be denied but in lieu thereof "A-1" Apartment House District be approved on the basis that it would be consistent with the Staff's study and recommendation to the Commission of this entire area, and is a step forward in planning before zoning, instead of zoning with no planning. He stated the Staff concurred in this recommendation, that the 20 per cent rule is in effect, but that no one had appeared at the hearing to speak in opposition. No one spoke in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Bonniwell 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 #1271-3, Mr. & Mrs. Robert E. Sliger, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on all of Lots 1 & 2, Block 6, Del Mar Addition, be denied, but in lieu Minutes Regular Council: Meeting January 12, 1972 Page 12 thereof, "A-1" Apartment House District be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1271-4, Paul. Ramon,, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on allof Lots B-1, B-2, and the remaining portion of Lot .B and Lot C, Boulevard Acres, located in the 3000 Block of South Padre Island Drive. He explained that the request was heard by the Planning Commission December 7, 1971, and forwarded to the Council with the recommendation that the request be approved as requested as it will allow the developer to utilize the property more efficiently. The Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application #1271-4, Paul Hamon, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of Lots B-1, B-2, and the remaining portion of Lot B and Lot C, Boulevard Acres, be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1271-5, 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, located in the 300 Block of Anchor Street. He explained that the request was heard by the Planning Commission December 7, 1971, and forwarded to the Council with the recommendation that it be approved as o buffer between the "B-4" business zoning and the "R -1B" residential zoning, and that the Staff concurred in this recommendation. No one spoke in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Bonniwell, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #1271-5, 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, be approved as requested, and that an ordinance be brought forward effectuating the change. r • Minutes Regular Council Meeting January 12, 1972 Page 13 City Manager Townsend presented Application #1271-7, Bishop Thomas Drury, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, on all of Lots 2 and 3, and the northwest 1/2 of Lot 4, Block 2, Southland Estates, located in the 2900 Block of Sokol Drive. He stated that the request was heard by the Planning Commission December 7, 1971, and forwarded to the Council with the recommendation that the request be denied on the basis that the Commission should be consistent since it has been recommended for denial on two previous applications, and because of the traffic problem and lack of sidewalks and curbs and gutters. He stated the Staff's recommendation was for approval on the basis that this proposed project would be developed with duplexes which means there will be two single-family dwellings brought together by a common wall; would reduce the lot size to 5,500 square feet as compared to the other project of 6,000 square feet and provide more open space. Mr. Townsend stated the 20 per cent rule is not in effect. Mr. Ralph Bennett, architect representing the applicant, spoke in opposition to the recommendation of the Planning Commission. He stated that the recommendation for denial was on the basis that the request had been denied on two previous occasions, and pointed out that this was incorrect, that the two previous applications had been for "A-1" Apartment House District, and not the requested "R-2" Two-family Dwelling classification. He also pointed out that the two previous applications for "A-1" zoning would have permitted 21 units per acre, and that the requested "R-2" only permits 14 units per acre. He stated they were asking for 8-1/2 units per acre. Mr. Bennett stated the other reason for the Commission's denial was based on traffic problems and lack of sidewalks, curbs and gutters. He pointed out that these improvements have been included in a bond issue, and that drainage facilities are under construction. He described the development, stating that it is proposed to be built through the 236 Housing Program for low-income families at lower interest rates; that the units would be rented, and that he felt that it would enhance the neighborhood. He presented colored slides of a similar project which is under construction in Robstown which he explained has more density than the proposed project. Others speaking in opposition to the recommendation of the Planning Commission and endorsing the presentation made by Mr. Bennett, were: Mr, Dan Pugh, Director of the • Minutes Regular Council Meeting January 12, 1972 Page 14 Community Development Corporation; Mr. Jessie Riojas, President of St. Vincent de Paul Society; Mr. Enrique Pantoja, 1826 Glenfield, member of St. Vincent de Paul Society; and Monsignor Wm. Kinlough, Pastor of Precious Blood Parish. Monsignor Kinlough stated that there were factors present when the first two applications were denied which are no longer present. He stated they not only feel a responsibility for housing of persons in this area but are conscious of a need to provide certain social services and a chance to improve their status in life. He pointed out the close proximity of schools and shopping centers, and stated the occupants of the proposed housing project will not be limited to any particular class of people, and that the church buildings and meeting rooms will be available for use of the residents. Mr. Jack Kelso, 525 North Tancahua, attorney representing St. Vincent de Paul Society, spoke in opposition to the recommenddtion of the Planning Commission. He pointed out reasons for selection of this particular site, stating that it is not a segregated area; that an underground drainage system has been installed along Richter Street and one being installed along Sokol Drive which will relieve the drainage problem. He explained that the property would be owned by Bishop Drury and that the Church has a contract to purchase subject to the requested zoning; that the housing project would be operated under the sponsorship of the St. Vincent de Paul Society, would pay City taxes, and will have 100 per cent FHA guarantee. He stated he did not feel this project would create a traffic problem. No one spoke in favor of the recommendation of the Planning Commission. Motion by Gonzales, seconded by Branch and passed, that the hearing be closed. Motion by Gonzales, seconded by Lozano and passed, that the recommendation of the Planning Commission be overruled, that the recommendation of the Staff be concurred in, and that Application #1271-7, Bishop Thomas Drury, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on all of Lots 2 and 3, and the northwest 1/2 of Lot 4, Block 2, Southland Estates, be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1171-7, Herbert Alexander, for change of zoning an TRACT A, from "R -1B" One -family Dwelling District to "A-2" Apartment House Minutes Regular Council Meeting January 12, 1972 Page 15 District, being all of Lot 1, Block 2, Stoddart -Smith Subdivision, Unit 01 and a 6.3 -acre area out of Lot 9, Section 49, Flour Bluff & Encinal Farm & Garden Tracts; and TRACT B, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, being all of Lot 12, Block 2, Lots 1 through 6, Block 3, Stoddart -Smith Subdivision, Unit 01 and a 4.6 -acre area out of Lot 9, Section 49, Flour Bluff & Encinal Farm & Garden Tracts, both tracts located inthe 2100 Block of Waldron Road. Mr. Townsend explained that the request was heard by the Planning Commission November 23, 1971, and forwarded to the Council with the recommendation that '.'A-2" zoning be approved on TRACT A; and that the request for "B-1" Neighborhood Business District on TRACT B be denied, but in lieu thereof "A-1" Apartment House District be approved. The basis for the Commission's recommendation on TRACT B, was that they felt granting "B-1" along Waldron Road would "open the door" to business zoning along this street to Flour Bluff Senior High School at Purdue Road. Mr. Town- send stated that the Staff recommended that "R-2" be granted on TRACT A, because the density allowed in this district is designed primarily for high-rise in close proximity to the downtown area and the "R-2" would be a good transition between the TRACT B to the east and single- family proposed to the west; and recommended that "A-1" be granted on TRACT B, because approving "B-1" would only add to the proliferation of businesses along Waldron Road and would be a detriment to the residential development in the immediate area. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Branch and passed, that the recommendation of the Planning Commission be overruled and the recommendation of the Staff be concurred in on TRACT "A" of Application 01171-7, Herbert Alexander, and that the 'request for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, being all of Lot 1, Block 2, Stoddart -Smith Subdivision, Unit #1 and a 6.3 -acre area out of Lot 9, Section 49, Flour Bluff & Encino! Farm & Garden Tracts, be denied, but in lieu thereof, "R-2" Two-family Dwelling District be granted; that the recommendations of the Staff and Planning Commission be concurred in on TRACT B, and the request for change of zoning from "R -1B" One -family Dwelling District, to "B-1" Neighborhood Business District, being all of Lot 12, Block 2, Lots 1 through 6, Block 3, Stoddart -Smith Subdivision, Unit 01 and a 4.6 -acre area out of Lot 9, Section 49, Flour Bluff & Encinal Farm & Garden Tracts, • Minutes Regular Council Meeting January 12, 1972 Page 16 be denied, but in lieu thereof "A-1" Apartment House District be granted, and that an ordinance be brought forward effectuating the changes. Motion by Bonniwell, seconded by Lozano and passed, that the resignation of Mr. John Waller as member and chairman of the Planning Commission be accepted with regrets, and that a resolution be prepared expressing gratitude for his services. There being no further business to come before the Council, the meeting was duly adjourned at 5:20 p.m., Wednesday, January 12, 1972.