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HomeMy WebLinkAboutMinutes City Council - 01/19/1972--,.9 .g5t MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 19, 1972 2:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwel I Commissioners: Rolerto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales J. Howard Stark City Manager R. Marvin Townsend Assistant City Attorney Bobby Terry 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 The Reverend Medicus Rentz, Chaplain at Memorial - Medical Center. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bonniwell, seconded by Branch and passed, that the absence of Commissioner Lozano be excused for just cause. The Minutes of the Regular Council Meeting of January 5, 1972, were approved -as submitted to the Council. Mayor Sizemore announced the informal public hearing on the request of E. I. du Pont de Nemours & Company for a waste control order for discharge not to exceed 2,900,000 gallons per day of industrial wastewater from LaQuinta Channel and Corpus Christi Bay. City Manager Townsend explained the procedures followed regarding these requests, and stated that a hearing will be held by the Texas Water Quality Board February 1, 1972, in Austin, Texas, and that this hearing is to determine the City's position, if any, to be forwarded to Austin prior to that hearing in accordance with the Texas Water Quality Board's regulations. He explained that the du Pont de Nemours & Company plan to build a chemical plant on the north shore of Corpus Christi Bay near Reynolds Metal Company. He pointed out the location and described the request, stating that the initial request had been amended on recommendation of the City Staff and County Health Officials, generally changing the levels which determine the acidity or alkalinity of water; the allowable oxygen demand reduced, and a condition added that no floating oil and grease be allowed in the water. He stated that a letter dated January 18, 1972, had been forwarded by the du Pont Company to the Texas Water Quality • • Minutes Regular Council Meeting January 19, 1972 Page 2 Board stating that these revisions of certain parameters were acceptable. Mr. Townsend stated that copies of that letter setting out these specific changes had been furnished the Council prior to this hearing. Mr. Hayden Head, attorney representing the du Pont Company, explained the application in detail, stating that an average discharge of 2,900,000 gallons a day of industrial waste is proposed at an average monthly temperature of 90 degrees, and that all water quality parameters include contents of the incoming water except for chromium, zinc, arsenic and mercury. He gave a detailed description of methods to be employed for such discharge, and pointed out the location of cooling ponds,recycling methods and emergency precautions. He pointed out that the request had been submitted to the TWQB for their determination as to whether or not the proposed discharge is within the standard set by this Board. Mr. Head introduced Mr. Robert N. Franz of Wilmington, Delaware, Plant. Manager Designate of the proposed new chamical plant, who pointed out on a map specific locations and proposed operations, stating that the Company had purchased 1500 acres of land in this area, 300 acres of which are on the north side of Highway 361, and that it is their intention to develop this particular plot to produce carbons, He stated that the application to TWQB was a very descriptive summary of what is proposed relative to quantities of discharges and methods employed; stated that they have applied for all the permits which they expect to need, have appeared before the Texas Air Control Board in Austin, and are expecting to hear from them soon. He confirmed Mr. Townsend's statement that the three suggested amendments to the initial request were acceptable as contained in his letter of January 18. He stated that they have every reason to believe that they have designed a facility that not only meets the standards of the TWQB but in most instances, far exceeds those standards; stated that his company has an interest in the protection of the Bay waters; and feel the proposed discharges will in no way interfere with the normal activities of the Bay waters. He pointed out that several months Reserve ago the Company had engaged the expertise of Southwestern/Institute to study conditions as they currently exist in the Bay, which study is partially complete and the balance expected to be completed sometime in 1972, and that these studies will be repeated periodically td make • Minutes Regular Council Meeting January 19, 1972 Page 3 sure that the operations of the plant will in no way interfere with or damage the natural use of the Bay. In answer to questions of the Council as to in what way will the industry's waste water be materially differend from any other waste water and in what areas would this waste be of greatest concern, Mr. Franz stated he could not answer directly because he did not know what other industries discharge, but stated that he does not feel there is a need for grave concern in any area. Mr. Ab Cock, Public Health Engineer, stated he had objections to the initial submission byt the Company had agreed to comply with the amendments, and based on that agreement as contained in the letter signed by Mr. Franz, dated January 18, 1972, he would recommend that this request be endorsed. Mr. Gilbert J. McGloin, 510 Wilson Tower, attorney representing the Coastal Bend Conservation Association, opposed the request and asked for a list of heavy metals, chemicals or any other substances, which would be contained in the proposed effluent discharges. Mr. Cock stated these substances were listed in the initial applica- tion of which Mr. McGloin was furnished a copy. Cr. Wm. G. Glenn, operator of a Research Laboratory at Aransas Pass, spoke in opposition stating he objected to the heavy metals content and the temperature ranges, stating that within five years the fish and shrimp from the Bay waters will not be edible, and predicted the Bay would eventually die. He gave estimated figures with reference to the total annual disposal of heavy metals, stating that these toxic elements are not soluable so they have a cumulative effect. He further stated that as a resident of Ingleside Cove, he does not object to the proposed industry, but that there are methods available to control the pollution and felt the Company should do so. Mr. Head stated he had examined other permits for discharges into the area waters, and that this one has stricter parameters than most permits. Mr. Pete McCullum, Marine Biologist, spoke in opposition to the requested discharge, stating that the temperature ranges are far too high and should be reduced that in other major cities the waste materials are being burned and that this could be done here. He stated mercury is responsible for killing the brown pelecan and other species of bird life. • • Minutes Regular Council Meeting January 19, 1972 Page 4 major cities, the waste materials are being burned and that this could be done here. He stated mercury is responsible for killing the brown pelican and other species of bird life. Mr. Francis Clarkson, 242 Circle, local geologist, spoke against the request and described the Bay as a "sick and dying body of water." He stated the Council would be naive to assume that pollutants emptied into the Bay now would ever be reversible; that water pollution becomes air pollutiomas picked up by prevailing winds; that organic residues go to the surface and become much more harmful that water pollution. He predicted that this pollution will increase in spite of our best efforts. In answer to a question by Mayor Sizemore, Mr.. Clarkson stated that he had been involved in the oil business several years ago, and perhaps one of the worst offenders, but that the new awareness and concern about the environment had come with knowledge and that time was a factor that had changed in the last few years. Dr. Charles McKenzie, 109 Amistad, local physician, appeared in protest of the request, stating that to grant this carte blanche permit would place the City in a position of having no control of du Pont's operations in the future; stated that the State of Delaware had not permitted this plant to be built there, and suggested limits should be established within which the Bay could be kept a healthy body of water, and that these limits should be adhered to. Mr. Head, in rebuttal, commented that it was his information that DDT was responsible for the demise of the brown pelican rather than metal mercury; took issue with the assertion of Mr. Clarkson that Nueces Bay was a "sick bay." He stated that, on the contrary, studies and surveys have been made and that Nueces Bay is classified as a healthy body of water, and that being true, then certainly Corpus Christi Bay is a healthy bay. He further commented that the statement that Galveston and Corpus Christi Bays were dead, is slander. Also stated that there had never been any plans to build this plant in Delaware. Mr. Head stated that as to the allegations relative to the quality of the proposed discharge of wastewater, the parameters are well within the limits established by the Texas Water Quality Board, and that emotionalism should be kept out of these hearings. Mayor Sizemore conceded that this Council is not possessed with qualified technical knowledge in these matters and must rely upon the expertise of its Staff. He stated that it is • Minutes Regular Council Meeting January 19, 1972 Page 5 hoped that the experts themselves will agree on and set standards which can be lived with both by the industries and the community. He also stated that it is hoped that the conser- vationists who have appeared here today will attend the hearing in Austin and speak their convictions.:. He further pointed out that regardless of what this Council does with this permit, the final decision will be made by the Texas Water Quality Board who is the best qualified in this field. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Branch that the matter be tabled for further consideration. The motion died for lack of a second. Motion by Stark that the matter be referred to the Texas+Y(ater Quality Board without 'comment. The motion was withdrawn. Motion by Gonzales, seconded by Bosquez and passed, that the recommendation of the Public Health Engineer Ab Cock be concurred in and that the City Council recommend to the Texas Water Quality Board that the application of E. I. du Pont de Nemours & Company be approved with the following modifications undereffluent quality: a) Revise Not to exceed - Item Monthly Average 24 hr. Daily Composite Individual Sample pH (Max. & Min.) from 6 - 8 from 5.5 to 8.5 from 5.0 - 9.0 to 6.5-8.5 to 6.0 to 9.0 to 6.0 10.0 Immediate Oxygen from 1 to 0 from 2 to .5 from 5 to 1 Demand mg/1 b) Add the word (emulsified) to ail and grease c) Add an additional 0 0 0 item - free floating oil and grease Mayor Sizemore called. for the City Manager's Reports. City Manager Townsend presented the following requests and recommendations: a. That bids be received at 11:00 a.m., February 8, 1972, for 33 5 -Tray Storage Cabinets for the Museum, this additional equipment having been included in the 1971-72 Museum Budget; b. That bids be received at 11:00 a.m., February 1, 1972, for two vehicles to be used by Police Personnel in the Special Police -Community Relations Program; • • Minutes Regular Council Meeting January 19, 1972 Page 6 c. That bids be received at 11:00 a.m., February 15, 1972, for one replacement (60" Cab to Axle) Truck with 12-1/2 foot dragging depth mounted backhoe for the Water Division, this equipment being replaced is a 1958 backhoe on a 1967 truck; d. That the application from Texas Oil & Gas Corporation to drill a regular location in Nueces Bay to a depth of 7,000 feet in State Tract 750, be approved, the application meeting all requirements of the Bay Drilling Ordinance; e. That the plans and specifications for construction of a sanitary sewer lift station and 6" force main to serve the Corpus Christi State School be approved, and bids be received on February 9; (The construction of these improvements at City expense on State land was authorized by the City Council in March 1971 because existing sewer lines in the Post Avenue area are not adequate to serve the proposed expansions of the State School) f. That the plans and specifications for the construction of sidewalks along nine streets (Sidewalk Program - Unit VI) be approved and bids be received on February 9, 1972; (These sidewalks are designed for school access and pedestrian safety - the location has been approved by the Traffic Engineering Department and the school principals involved -- the locations are as follows:) (1) Waldron Road, Belair to Glenoak - West side (2) Williams Drive, Airline to beyond Lesle Lane - south side West Manor Drive to Staples - north side (3) Kentner Street, Glenmore to Palmetto - south side (4) Greenwood Drive, Gavilan to Buenos Aires - west side (5) Roosevelt Drive, Vanderbilt to Ramsey - north side (6) 15th Street, Prescott to Staples - east side (7) Buford, Highland to Hibiscus - south side (8) Huisache, Path to Erwin - south side (9) Surfside, Breakwater to Elm Street - east side g. That the existing easement along the west line of the west 1/2 of Lot A, Anderson Subdivision, be abandoned, save and except the northerly 35.66 feet of said easement, said portion being retained as an active easement; (Engineering Services, Planning and Utilities Departments concur in this action); h. That the 1,000,000 gallon Elevated Water Tank in Flour Bluff be accepted as complete and that final payment of 523,560,00 be made to Chicago Bridge and Iron Company, subject to final approval by E.D.A.; • Minutes Regular Council Meeting January 19, 1972 Page 7 i. That a Caterpillar J621 Elevating Scaper be purchased from B. D. Holt Company on basis of guaranteed maintenance and repurchase price; tctal purchase price and guaranteed maintenance for five years, less the trade-in of a City -owned dragline amounting to $94,512; sufficient funds are available within the Sanitation Division budget to cover this purchase; and repurchase price of $37,500 will guarantee to the City that cost of this equip- ment will not exceed $57,012 for a period of 10,000 hours or five years, whichever comes first; j. That the City accept the offer of Thomas We Stewart to purchase surplus City property - Lot 1, Block 121, Beach Portion, for $400,00; (Mr. Stewart's bid was the only bid received; one other person looked at the property but declined to submit a bid. This lot was acquired at Sheriff's Second Delinquent Tax Sale on December 9, 1969, for $75.00. Mr. Bill Roberts appraised the lot at a market value of $300.00) k. That the leave of absence granted Oscar Cisneros on November 1, 1970, for one year and later extended to February 1, 1972, be extended for an additional six months to August 1, 1972, Mr. Cisneros having indicated that his work with the HUD Celia Office is still unfinished and they have requested his help for this additional period; I. That speed limits on U.S. Highway 181 between the Nueces Bay Causeway and I.H. 37 be increased as proposed by the Texas Highway Department. The speed limit is now 50 mph maximum, 40 mph minimum, except on the Harbor Bridge which has a 50 mph maximum and no minimum. The proposed change will raise these speed limits to 60 mph maximum and 45 mph minimum, and allow for a 10 mph truck crawl speed on the 5% Harbor Bridge upgrade. Interchange connecting roadways will all be zoned for 45 mph (but not signed) and be signed with lower advisory speed limits (30 and 40 mph) which design features w°sll safely allow. A 60 mph maximum - 45 mph minimum speed limit now exists on U.S. 181 on the Nueces Bay Causeway. The Traffic Safety Advisory Board concurs with this recommendation; m. 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 cost for system services to assist with the transition. 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. The proposal • • Minutes Regular Council Meeting January 19, 1972 Page 8 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. 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. 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; n. That a contract for the construction of Fire Station No. 13 in Flour Bluff be authorized with Tanner H. Freeman, General Contractor, and that $131,000.00 be appropriated for the construction; of the total appropriation $124,751 .00 is for the contract and $4,500.00 is appropriated for architects fees, and $1,746.00 for contingencies and incidental expenses; the contract price is made up of the base bid of $133,255.00 and deductive bid Alternate No. 1 deleting the Belma Street entrance and reducing the base price by $8,505.00; 0. (Withdrawn by City Manager - Airline Road improvements) p. That the 16 acre tract adjacent to the Greenwood Park, previously offered to the City by Mr. John Crutchfield at his cost plus interest after November 30, 1971, be acquired for additional park and open space area for $33,000 plus about $330 interest; the City has received notice from HUD that, if the project is later approved, costs now incurred will be eligible for federal participation; it is recommended that the City pay its half of the total cost from the 1970 bond election for improvements to Greenwood Park and advance the federal share from the same source with possible future reimbursement; q.. That a one-year lease renewal from Mr. Simon Grossman for rental of office space for the Neighborhood Improvement Division at 1022 Leopard be approved. Neighborhood Improvement has occupied this space since April 1969; the office has approximately 3,000 square feet plus parking for 35 cars; the City made ifs own improvements to the building's interior in 1969; the: rental rate is $250 per month with an option to renew for three years at $260 per month; the City pays for janitorial services and utilities; the cost per foot, including janitorial service and utilities and rent, is 8.3c per month; and the previous lease was for $175 and did not include as much parking. • Minutes Regular Council Meeting January 19, 1972 Page 9 r. That the City lease several lots (15) consisting of 1.497 acres of land to Kelly Bell. (This property will become a portion of a 320 -acre pool and will draw 3/16th royalty plus a bonus of $75.00. The well is a producing gas well located immediately south of IH 37 and east of Port Avenue.) Mr. Jim Hayes, 10922 Whisper Ridge, San Antonio, Texas, appeared representing UNIVAC Division of the Sperry Rand Corporation, and urged the Council to table Item "m" relative to the recommendation that a contract be authorized with IBM for rental of expanded computer facilities, and that the proposal of UNIVAC which was presented to the Council Workshop this morning, be considered. He stated that UNIVAC had purchased the RCA Company and made a proposal which was cheaper and essentially the same equipment which was in the original RCA contract. He stated they would honor all contract commitments, and that the equipment is ready for delivery at the City's convenience. City Manager Townsend reviewed the background of the contract which had been awarded to RCA, stating that this company has since gone out of the computer business and that the City had cancelled the contract. He explained that at the time of the original award to RCA, IBM's proposal was judged to be the second best. He stated he now believes the IBM contract is the better contract, and that this recommendation is concurred in by Assistant City Manager Archie Walker who handled the negotiations, and urged its approval to place the City in a position of running all of its present programs on the new equipment by the end of 1972, pointing out that the changeover in the computer system is far behind schedule. Motion by Bonniwell, seconded by Stark and passed, with Branch and Gonzales voting "Nay", that Item "m" of the City Manager's Reports be approved. Motion by Gonzales, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "r" (Item "o" withdrawn and Item "m" considered separately), be accepted, and that the requests and recommendations be granted and approved as presented by the City Manager. City Manager Townsend presented and reviewed ordinances appearing on the agenda, including a lease agreement with IBM concerning leasing of the IBM system. Representatives of the UNIVAC Division of the Sperry Rand Corporation, Mr. Arch Thompson, Mr. Bob Eitze, both of Austin, Texas, and Mr. J. A. Williams, 11700 UpRiver • Minutes Regular Council Meeting January 19, 1972 Page 10 Road, again urged the Council to reconsider the action to award a contract to IBM and consider the proposal of UNIVAC presented this morning. Mr. Milton Holiday, representing NCR of South Padre Island Drive, stated the NCR bid was two thousand dollars less a month than the lowest bid submitted, during the original negotiations. Mr. Chuck Russell, representing Coastal States Gas, stated if the City decided to open the bidding again, his company would like to have an opportunity to present a proposal, stating they could save the City a substantial amount of money and perhaps underbid both UNIVAC and IBM. Mr. W. W. Harrington, Jr., 4924 Oakmont, local Branch Manager of IBM, spoke in favor of the recommendation of the City Manager, pointing out that the Staff in 1970 had consumed eight months of time in evaluating the proposals, that all had been given a fair hearing by the Staff, and sufficient time had been allowed for all to present their case. He stated that at the time the award was made last year to RCA, the IBM Company were dis- appointed and felt they had made the better offer, and that in view of this late hour, he felt the Staff's recommendation should be supported. Mr. Townsend and Mr. Archie Walker gave a complete background history of the negotiations which have taken place from the time the initial contract was awarded in January of 1971. until the time it was cancelled in October, and subsequent negotiations for a new contract. A lengthy discussion followed during which time the Council questioned the City Staff and representatives of the respective prospective companies. Following this discussion, Mr. Townsend and Mr. Walker both stated it was still their opinion that the IBM proposal was the better offer. ORDINANCE NO. 10663 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. • 1 Minutes Regular Council Meeting January 19, 1972 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10664 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 MR. AND MRS ROBERT E. SLIGER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 6, DEL MAR ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS,AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY• The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10665 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 PAUL HAMON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS B-1, B-2, AND THE REMAINING PORTIONS OF LOTS B AND C, BOULEVARD ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUEUS COUNTY, TEXAS, FROM "R -1'B" 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10666 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 WM. A. LENOX BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 21 AND 22, BLOCK 1, NAVAL CENTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. , • Minutes Regular Council Meeting January 19, 1972 Page 12 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10667 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 ORDINAN:. E NO. 6106, AS AMENDED, UPON APPLICATION OF HERBERT ALEXANDER, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "A", BEING LOT 1, BLOCK 2,STODDART- SMITH SUBDIVISION, UNIT #1, AND A 6.3 -ACRE AREA OUT OF LOT 9, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT, AND CHANGING THE ZONING ON TRACT "B", BEING ALL OF LOT 12, BLOCK 2, AND LOTS 1 THROUGH 6, BLOCK 3, STODDART-SMITH SUBDIVISION, UNIT 01, AND A 4.6 -ACRE TRACT OUT OF LOT 9, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10668 AMENDING SECTION 21-68, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND AS PARTICULARLY AMENDED BY ORDINANCE NOS. 6015 AND 7136, SO AS TO CHANGE CERTAIN SPEED LIMITS ON U.S. HIGHWAY 181: PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye''; Lozano was absent. ORDINANCE NO. 10669 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TANNER H. FREEMAN, GENERAL CONTRACTOR, FOR THE CONSTRUCTION OF THE FLOUR BLUFF FIRE STATION (FIRE STATION NO. 13), PROJECT NO, 207-64-1; APPROPRIATING OUT OF THE NO. 207 PUBLIC BUILDING BOND FUND $131,000 OF WHICH $124,751 IS FOR THE CONSTRUCTION CONTRACT, $4,500 15 FOR ADDITIONAL ARCHITECTURAL FEES, AND $1,749 IS FOR CONTINGENCY AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting January 19, 1972 Page 13 The Charter Rule was suspended and the foregoing ordinance was pass:d by the following vote: Sizemore, Bonniwell, Bosga+ez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10670 CLOSING AND ABANDONING AN EXISTING EASEMENT ALONG THE WEST LINE OF THE WEST ONE-HALF OF LOT A, ANDERSON SUBDIVISION, SAVE AND EXCEPT THE NORTHERLY 35.66 FEET OF SAID EASEMENT, SAID PORTION BEING RETAINED AS AN ACTIVE EASEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, and Stark, present and voting "Aye"; Lozano was absent. RESOLUTION NO. 10671 ACCEPTING THE RESIGNATION OF THE HONORABLE JOHN WALLER AS A MEMBER, AND CHAIRMAN OF THE PLANNING COMMISSION WITH REGRETS AND EXPRESSING GRATITUDE FROM THE CITY OF CORPUS CHRISTI FOR HIS SERVICES; DIRECTING THE CITY SECRETARY TO FORWARD A CERTIFIED COPY CF THIS RESOLUTION TO THE HONORABLE JOHN WALLER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10672 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, BY AMENDING ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS, SECTION 27-3.06, LOT AREA, BY ADDING A NEW SUBSECTION 27-3.06.02 ESTABLISHING A FINAL DATE OF ACCEPTANCE OF PLATS WITH 5,000 SQUARE WET LOTS OF JULY 21, 1971; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. • Minutes Regular Council Meeting January 19, 1972 Page 14 ORDINANCE NO. 10673 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH SIMON GROSSMAN, INDIVIDUALLY, AND AS ATTORNEY IN FACT FOR ED GROSSMAN, FOR THE LEASING OF A BUILDING LOCATED AT 1020 AND 1022 LEOPARD STREET, IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR A TERM OF TWELVE (12) MONTHS, AT A RATE OF $250.00 PER MONTH, FOR USE AS OFFICE SPACE BY THE CITY OF CORPUS CHRISTI, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absent. ORDINANCE NO. 10674 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LEASE. AGREE- MENT WITH INTERNATIONAL BUSINESS MACHINES (IBM) CORPORATION, OF ARMONK, NEW YORK CONCERNING LEASING AN IBM SYSTEM 360/30 TO ASSIST THE CITY OF CORPUS CHRISTI IN UPDATING ITS DATA PROCESSING EQUIPMENT; ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, AS AMENDED, A COPY OF WHICH IS ATTACHED HERETO AND MADE`A PART HEREOF, AND AS MORE FULLY SET FORTH IN THE PROPOSAL FROM IBM CORPORATION ON FILE IN THE OFFICE OF THE CITY SECRETARY AND REFERRED TO HEREIN FOR ALL INTENTS AND PURPOSES AS IF COPIED VERBATIM HEREIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Lozano was absents City Manager Townsend presented an ordinance amending the zoning ordinance on application of Bishop Thomas Drury, changing the zoning on Lots2 and 3, and the northwest 1/2 of Lot 4, Block 2, Southland Estates, from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District. He explained that a public hearing was beld on the request January 12, and that the action of the Council was to concur in the recommendation of the Staff and approve the request. He stated that he had received a letter signed by the applicants, Msgr. Kinlough and their attorney, Jack P. Kelso, representing the ultimate owner and operator of the project, stating that if rezoning to "R-2" two-family dwelling district is obtained from the City and an FHA commitment for mortgage insurance is not obtained and consummated, then the signers agree that they will not object or protest the City's action in rezoning the property from "R-2" two-family dwelling district back to the former "R-:1" one -family dwelling district. Mrs. Noe Morin, 2718 Milo, appeared representing a resident organization known as the Southwest Community Association, to present a petition in opposition to the request to • Minutes Regular Council Meeting January 19, 1972 Page 15 construct two-family rental units on 13 acres on Sokol Drive. She stated she had not beers informed of the public hearings which was the reason she had not been present to present the petition and oppose the request. It was agreed by the Council that she be allowed to present the petition containing some 31 signatures of persons opposing, the request. Mrs. Morin stated the project would contribute to traffic congestion and further segregate the area which is predominantly Mexican -American. She stated the area is already congested because of its location near Shoppers World, the City Service Center, and another government housing center. Mr. Noe Morin, 2718 Milo, concurred in the statements of Mrs. Morin, and stated that this proposed development of multiple housing would create "de facto segregation" by increasing the density of Mexican -Americans, and predicted that a school would be built in this cued which would also be attended by mostly Mexican -Americans. He stated that ghettos will result from this type of development. Mrs. Andres Lara, 5321 Wharton, also appeared and spoke in opposition, stating that she was proud to be a Mexican -American, and that her objection was because of the congestion and traffic hazards. Mr. Jack Kelso, attorney representing the applicant, stated this site was specifically selected so that it could not be said that it was a segregated area, and that the St. Vincent de Paul Society has no intention of contributing to segregation anywhere. Mr. Jesse Riojas, President of St. Vincent de Paul Society, stated the project would definitely not be segregated and that it was primarily a project to aid the needy. City Manager Townsend stated that with the submission of the foregoing petition and opposition registered, the 20 per cent rule would probably be in effect. He stated the names and addresses would be checked by the Planning Staff. Motion by Bonniwell, seconded by Stark and passed, that action on the ordinance relative to the foregoing matter be deferred, pending determination of whether or not the 20 per cent rule is in effect. Mayor Sizemore pointed out that when the Central Service Center is completed there will be a seven -acre park developed which will contribute substantially to the open space in this area. • Minutes Regular Council Meeting January 19, 1972 Page 16 Commissioner Bosquez stated that although the segregation factor had been made an issue of this hearing, that k not the main issue in this case. He stated that he did not wish to appear on the defensive, but that statements regarding de facto segregation are unfounded; that we are all concerned about segregation and share the concern; that certain changes are taking place throughout the City with regard to housing patterns and shifting population which are beyond our control; that if surveys were made of attendance records in the Corpus Christi Schools, it would be found that a shift of population is prevalent throughout the City and o change in the ethnic composition of the City. He stated that ethnic balance cannot be imposed in this project or any other project, and with all due respect to the opinions expressed here today, it is not the intention of this Council to promote de facto segregation in any form. City Manager Townsend;pointed out that the informal reopening of this specific zoning case was an exception and not a precedent. Mayor Sizemore cal led for petitions or information on matters not scheduled on the agenda. Reverend Ephifanio Salazar, appeared representing the Corpus Christi Latin-American Ministerial Alliance, and stated that on January 4, this organization met and voted unanimously that the group's opposition to lewd movies and pornography being shown in the City should be brought before the City Council as a grievance, and want to go on record as opposing these exhibitions. Mrs. Norma Childress, stated she had moved here from Hollywood, California, to get away from such things as pornography; that she had grown accustomed and expected it in that movie town, but could not get accustomed to it in this City. City Manager Townsend pointed out the number of policemen hours which are being expended at the present time to try and control this situation, stating that something is being accomplished in that regard. He stated that some of these movies are chain concerns and are operating all over the United States. Mayor Sizemore stated the Council shares their concern and is doing all that can be done. He suggested that these sentiments should be conveyed to our Congerssmen to try and get some of the laws changed. • Minutes Regular Council Meeting January 19, 1972 Page 17 Mr. David Saenz, appeared and inquired if sidewalk construction on 15th Street could be deferred until after installation of curb and gutters, pointing out that it would be a waste of money to have to go back later and tear out the sidewalks. Also he requested information as to advertising procedures regarding property being sold for delinquent taxes. City Manager Townsend explained advertising procedures and advised Mr. Saenz to contact Mr. Roman Barrera in Property Management if he desired to be placed on a mailing list as to the date when these properties are being sold. Following a brief recess, Mayor Sizemore called the meeting to order and announced the Council would hold the scheduled public hearings on four zoning cases. City Manager Townsend presented Application #1271-8, Tony G. Juarez, Jr., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on a portion of Lot 2, and all of Lot 3, Lexington Center. He explained that the request was heard by the Planning Commission December 14, 1971, and forwarded to the Council with the recommendation that it be approved because the subject property is a logical location for the proposed use and would be a good transition from si@agle-family uses; that the Staff concurred in this recommendation;,and that there had been no opposition at the hearing. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bosquez, seconded by Stark and passed, that the hearing be closed. Motion by Bonniwell, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application #1271-8, Tony G. Juarez, Jr., for change of zoning from "R -1B" One -family Dwelling. District to "AB" Professional Office District on a portion of Lot 2, and all of Lot 3, Lexington Center, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1271-9, Carl D. Webb, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on all of Lot 4, Block 12, Flour Bluff Park, located at 913 McDonald Street. He stated that no one appeared in opposition at the Planning Commission hearing held December 14, 1971, and that the recommendation of the Planning Commission was that it be approved as requested as it is compatible with the "R-2" uses in the area, and that the Staff concurred in this recommendation. • Minutes Regular Council Meeting January 19, 1972 Page 18 No one spoke in opposition to the recommendation of the Planning Commission. Motion by Gonzales,seconded by Bonniwell and passed, that the hebring be closed. Motion by Stark, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application #1271-9, Carl D. Webb, for change of zoning from "R-18" One -family Dwelling District to "R-2" Two family Dwelling District on all of Lot 4, Block 12, Flour Bluff Park, be approved as requested and that an ordinance be brought forward effectuating the change. City Manager:Townsend presented Application #1271-10, Reyes 5. Castillo, for change of zoning from "A-1" Apartment House District to "A-2" Apartment House District, on all of Lot 12, Block 21, Meadow Park Addition, located on the northeast comer of Navajo Street and Virginia Avenue. He explained that the request was heard by the Planning Commission December 14, 1971, and forwarded to the Council with the recom- mendation that it be denied, but in lieu thereof a Special Permit be granted for a 10 -unit apartment complex based on the blue prints approved by the Staff of the Building Division, and that the Staff recommended approval of the request due to the circumstances involved which instigated the request and since the applicant meets the open space and parking requirements required under "A-1" zoning. City Manager Townsend pointed out that an application had been made for a permit after construction had started. He stated that the applicant is requesting a change from "A-1" zoning to "A-2", a higher density apartment district; that he plans to build 10 units; that the Building Inspection Division had cancelled the permit the same day of issuance after discovering that the applicant did not have the higher density district zoning, and that only 7 apartment units can be built on the properly. He stated that the Planning. Commission and Staff recommendations were based on the fact that they felt the construction should not have been allowed to be started. No one spoke in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motioniby Stark, seconded by Bonniwell and passed, Gonzales voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #1271-10, • Minutes Regular Council Meeting January 19, 1972 Page 19 Reyes S. Castillo, for change of zoning from "A-1" Apartment House District to "A-2" Apartment House District, on all of Lot 12, Block 21, Meadow Park Addition, be denied, but in lieu thereof a Special Permit be granted for a 10 -unit apartment complex based on the blue prints approved by the Staff of the Building Division, and that an ordinance be bropght forward effectuating the Special Permit. City Manager Townsend presented Application 01271-a3, Sam A. Johnson, For change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on all of Lots 13 & 14, Block 15, Craven Heights, located on the northeast corner of Winnebago Street and Priour Avenue. He stated that the Planning Commission heard the request December 14, 1971, and forwarded it to the Council with the recommendation that it be approved since the property has been vacant for many years and the proposed development would be an improvement to this area, and that the Staff recommended denial. He stated that the 20 percent rule is in effect because of the opposition registered by the Housing Authority on the tract of land located across on Winnebago Street. Mr. Townsend pointed out the location of the property on the map and stated that it is within the Code Enforcement Program in the Hillcrest Area. He stated that the City is committed to develop this area into a residential section under this Program, but that the program is not progressing as planned. He pointed out that some three years ago there was a comprehensive re -zoning st IUy:dthis area and after a public hearing with the Planning Commission "A-1" Apartment House District zoning was adopted; and that there is litigation now pending relative to a prior zoning application (Southwestern Oil & Refining Co.) which was granted early in 1971. He pointed out that this request is related to the proposal to close some of the streets in Hillcrest which is still pending. Mr. Sam Johnson, applicant, spoke on behalf of the request stating that he plans to build a neighborhood center containing a barbershop, a beauty shop and a Idundry. He stated he had contacted the residents in the immediate area and that the majority signed a statement indicating their approval of the zoning change. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Gonzales and passed, that the hearing be closed. • Minutes Regular Council Meeting January 19, 1972 Page 20 Motion by Stark, seconded by Branch and passed, with Bosquez and Bonniwell voting "Nay", that the recommendation of the Planning Commission be concurred in and that Appli- catibn #1271-13, Sam A. Johnson, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on all of Lots 13 & 14, Block 15, Craven Heights, be approved as requested, and that an ordinance be brought forward effectuating the change. Motion;by Starr, seconded by Branch and passed, that the hearing be re -opened to hear a more detailed explanation from the applicant as to the type of neighborhood center he plans to construct, and its relation to the Code Enforcement Program. Mr. Johnson stated the building would be a brick structure, that there would be adequate parking, and would be an improvement to the neighborhood. He explained his plans to have a barbershop and a Iaundermat, and a beauty shop later. He stated he had a letter from the pastor of the nearby church stating that the church membership is in favor of the proposed center and that it is needed by the residents. Mr. Johnson presented snapshorts of the area in front of the subject property pointing out that water stands for days following a rain, that garbage collects where the water stands, and that he has already had some of this filled in to correct this drainage problem. He stated that he is now operating a barber shop om.a nearby location but that he has a parking problem there, and if he could move to this new location he felt it would be to his advantage as well as the neighborhood and the safety of the children. He stated he is in the process of getting the project financed. City Manager Townsend explained to Mr. Johnson what has been proposed for Priour Avenue and how it would affect this property. Mayor Pro Tem Bonniwell stated it was his understanding that . the people in Hillcrest had been assured that there would be no zoning changes following the public hearing which was held in October of 1968. City Manager Townsend stated there was some question about this assurance. He stated ifthe people all around the subject property are in favor of the zoning change and the plan is carried out as has been presented, he sees no objection to it. Motion by Stark, seconded by Bosquez and passed, that the hear ing be closed, and the previous motion granting the requested "B-1" zoning be sustained. There being no further business to come before the Council, the meeting was duly adjourned at 7:20 p.m., Wednesday, January 19, 1972.