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HomeMy WebLinkAboutMinutes City Council - 02/16/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 16, 1972 2:00 P.M. PRESENT: Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Pro Tem Charles A. Bonniwell called the meeting to order in the Council Chamber of the City Hall, and gave the invocation in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Gonzales and passed, that the absence of Mayor Sizemore be excused for just cause. The Minutes of the Regular Council Meeting of February 2, 1972, were approved as presented to the Council. Mayor Pro Tem Bonniwell announced the issuance of proclamations relative to the following: NATIONAL ENGINEERS' WEEK, February 21 through 27, 1972; and MOBILE HOME WEEK, February 21 through 27, 1972. Mayor Pro Tem Bonniwell called for the City Manager's Reports. Motion by Lozano, seconded by Branch and passed, that the City Manager's Reports, Items "a" through "t" (Item "s" temporarily deferred), be accepted, and that the requests and recommendations be granted and approved as follows: a. That the street and storm drainage improvements for Weaver and Sacky Streets, Cabaniss Acres, and Corpus Christi Housing Authority, Sites A & B, be a accepted, and final payment be made to Heldenfels Brothers in the amount of $45,023.33. The total cost of $204,525.03, $7,534.57 over the contract award due to a $442 change order to go under the 30" water line on Holly, 60' of additional work on Sacky as a result of a design error, an additional 40' on Weaver Street paid by abutting'preperty owners, and overruns on several bid items. An addi- tional appropriation of $3,732.32 for that portion of the overrun in excess of the original appropriation, was approved. b. That a contract for $3,816.45 be awarded to Imperial Mill and Fixture Company, Corpus Christi, Texas, for the purchase of 33 Specimen Storage Cabinets • • Minutes Regular Council Meeting February 16, 1972 Page 2 and 165 Specimen Trays for the Corpus Christi Museum on the basis of low bid, bids having been received from four firms; c. That the contract for the construction of a sanitary sewer pump station and force main for the State School be awarded to the low bidder, Arnold Utility Construction Company for $30,970.53, and that $33,000.00 be appropriated to cover the award plus engineering, contingencies and related expenses, the award being based on the alternate bid which specifies the use of epoxy lined transite pipe for the force main rather than cast iron pipe; d. That a water sales contract with the Violet Water Supply Corporation, be approved, renewing a five-year contract that expires July 14, 1972. The original contract provides for negotiated extensions during the term of the corporation's obligations to the Farmers Home Administration; the volume of water is limited to two million gallons per month and the price to be the regular established 0.C.L. rates to customers of similar locations and demand requirements; the Violet Water Supply Corporation serves approximately 120 customers in an area generally bounded by Violet Road, Highway 44, Robstown City Limits and Farm Road 48; e. That bids be received at 11:00 a.m., March 7, 1972, for operation of the City Car Pound to include vehicles picked up for illegal parking, on an emergency basis or stolen vehicles; f. That an abandoned motor vehicle ordinance be adopted to provide for the pick-up, impounding, storage and disposal of abandoned cars either by City forces or by private contractor and that bids be received at 11:00 a.m., March 7, 1972, for the pick-up, impoundment, storage and disposal of abandoned vehicles, and that the basic towing fee be increased from $7.50 to $10.00. The motor vehicles are defined as "a motor vehicle that is inoperable and over eight years old and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the con- sent of the owner or person in control of the property for more than 48 hours"; g. That the Celia Housing emergency be considered as terminated on March 31, 1972, and the Urban Development Department and Building Divisions be advised to notify all interested parties accordingly. The City has closed all • Minutes Regular Council Meeting February 16, 1972 Page 3 mobile home parks except Cabaniss Field which is on public property, and most homes on private sites should be removed by March 31. The City has a substantial housing shortage but it is a shortage of satisfactory dwellings at affordable prices, not a shortage of minimum shelter. There does not appear to be sufficient reason to con- tinue the weekly ordinance continuing the emergency since all mobile home owners in violation should be taking steps to be in full compliance with City ordinances by March 31, 1972; h. That a contract with Lower Nueces River Water Supply District be approved for grazing rights on 230 acres on the banks of Lake Corpus Christi for five years to Mr. D. D. Petty, Jr., for $5.75 per acre payable at the beginning of each year. The City has a check in hand for $1,322.50 for the first year's pay- ment, and the contract between the City and the District in Section 6 provides that "all lease agreements shall be mutual agreement between the District and the City and all revenues derived therefrom shall be the property of the City"; 1. That a 10 -foot utility easement located between Lots 12 and 13, Block 3, Flour Bluff Estates No. 2 be closed as requested by Boy's City, Inc. No utilities exist or are planned in this easement, which lies midway between Scotland and Webb Drives, perpendicular to N.A.S. Drive; j. That the real estate sales contract for the acquisition of 3.25 acres of land, owned by Norma Lee Stockseth and Patsy Ann Brooks, required for a park in the Hudson Acres area are approved, and an appropriation of $5,009.00, of which $4,875.00 is for the acquisition and $134.00 is for related closing expenses, be approved; (This is an open space project 50% financed by the Department of Housing and Urban Development) k. That the Airport gift and newsstand concession and lease with Mrs. Lyda Chance be extended for 5 years as recommended by the Airport Advisory Board; (Mrs. Chance has provided good service and attractive stock and has more than doubled gross business in 5 years. Rental is $125 per month or five per cent of gross, whichever is greater. Gross revenue in 1970-71 was $67,780 which provided a $3,389 payment to the City. The Airport Manager estimates that gross profit is approximately $11,000 before cost of salaries. The newsstand is open 16 hours per day 7 days per week) • Minutes Regular Council Meeting February 16, 1972 Page 4 1. That the City receive bids for the new L.E.A.A. and Crimiaai. Justice Council supported police•radio•communications system tf'_rcugh the Council of Governments since the COG is receiving bids for the communities i:n th Region and the equipment -must be compatible; tabulation of bids to be th,n submitted to the City for -contract award directly to the •supplier or to the•s:ppiier through COG; (The COG has employed William F. Carr Associates ($35,000) to proide the detailed design for the Region's system; and the City's prof e t. grant w4_- autHo'z-d on May 19, 1971 and involves $72,175 City cash, $6,075 of t_r: Ci. :y 1,nsonLel time, and $234,745 of Federal money or a total of $312,995) m. That the plans and specifications for the improve¢w;..i to the Schanc.r:,� Brown and Municipal Service Center Parks be approved and bids be r,Ic i ve3 at 2.:00 p.m., on March 8, 1972, the work including grading, sprinkler •syst,,ms, tree and grass•planting,•playground equipment, and picnic tables; n. That the plans and specifications for the improvements to Hi'''! r_at a nd Elgin Parks be approved and submitted to the HUD Area Of'ice fur approval prior to advertising for bids, the improvements including Hillcrest Park (':ae:dscaping, sprinkler system, play area,. spray pool, drainage improvements, mu'lt--purpree •court, and backstops for the softball field), and Elgin Park (las:.dscaping, grading, tree planting, irrigation system, spray pool, playground equipment, drainage im- provements and picnic tables); o. That eminent domain -proceedings be filed to acquire Parcel No. 3, Lcts 5 and 6, Block 36, Hillcrest Addition, owned by Miss Willie Mae Byars y, and needed for•the expansion of Hillcrest Park; (Lots 1 through 4 have been-prayiosly-acquired the project -is partly funded by •the Department of Housing and Urbana•Deveopmot) p. That the Corpus Christi Yacht Club be authorized to construct addi- tional piling required for the installation'of three finger piers •and a sloping apron for dry docking small sail boats, the work being within property owned by the Corpus Christi Yacht Club; (The sloped deck is all.witbin the 60' easemeat purchased by the Yacht Club with•the•site in 1959 - the three•pierrs extend into the 50' easement area used on a month-to-month basis for $48.75 per month re:±.t) • • Minutes Regular Council Meeting February 16, 1972 Page 5 q. That a resolution be passed and sent to the Texas Criminal Justice Council stating the City's desire that the one-year Discretionary Grant administered by the Corpus Christi Drug Abuse Council for a coordinated Response to Narcotic Addiction and Dangerous Drug Problems, be extended for two additional months from February 27, 1972, to April 27, 1972, to use the unexpended Funds of $10,171.93; (The Grant was for a total of $92,506 from the Law Enforcement Assistance Administration through the Texas Criminal Justice Council - the unexpended funds will be used for personnel costs to continue programs in existence) r. That the sale of $5,596,000 General Obligation Improvement Bonds, on or about April 18, 1972, be authorized and employment of Hobby H. McCall of the firm of McCall, Parkhurst & Horton of Dallas, as Bond Attorney, and the firm of M.E. Allison & Company as Financial Advisor, be approved. Bonds to be sold are: Public Buildings - Fire Stations ($100,000); Airport Improvement ($100,000); Park Improvements ($550,000); Storm Sewers ($1,090,000); Sanitary Sewers ($1,090,000); and Streets ($2,666,000); s. (Relative to water main extensions and water service policy outside the City Limits - temporarily deferred); t. That the City Council advise the Little Theatre that the Bayfront Science Park would be an appropriate place for a new public use theatre and auditorium and that the City would be pleased to accept such a public use building to be leased to the Little Theatre without the City bei ng obligated to any building maintenance or operation expenses and with the understanding that the actual site and the terms of the contract must be agreeable to and later approved by the City Council. City Manager Townsend presented the pending item of the application of Buccaneer Mobile Home Parks for a permit to discharge 12,500 gallons per day of treated effluent in Clarkwood Ditch on which a public hearing was held February 9, 1972. He stated the recom- mendation of the Staff was that the City join in the request; that the City will make available a small package treatment plant, which is now surplus to the City's needs and operate it on an interim basis until the Park is connected to the permanent sanitary sewer system with the usual fees against the mobile home park, with all cost of the move and installation to be paid by the • Minutes RegularCouncil Meeting February 16, 1972 Page 6 applicant, and that the tract would be annexed as a condition for receiving City services. Mr. Townsend stated that a legal question had been raised at the hearing by Mr. Melvin Ocker as to the City's rights to use of the right-of-way. Director of Public Utilities Robert Schneider stated that he and Mr. Ocker had con- sulted with the Legal Department and after examining the law, it ,Acis determined that the City does have a legal right to use the Clarkwood Drainage Ditch and discharge into the Oso. He stated that Mr. Ocker indicated he would file a written opposition to the Texas Water Quality Board. Motion by Stark, seconded by Lozano and passed, that the recommendation of the City Manager be concurred in that fhe City join as a party to the application of Buccaneer Mobile Home Parks for a mobile home park sewage treatment plant located adjacent to the Clarkwood Drainage Ditch one mile south of Clarkwood on FM 2292, for discharge of an average of 12,500 gallons per day of effluent into Clarkwood Ditch and thence into the Oso, and that the appli- cation be endorsed. City Manager Townsend presented the following supplemental recommendation, tem "u!": That acquisition of Parcel No. 30, being Lots 5 and 6, Block 4, Cole Place Addition, owned by Fred Flato, et al; and Parcels 32 and 33, being Lots 2 and 3, Block 4, Cole Place Addition, owned by O. D. Edwards and wife, Pattie W. Edwards, be authorized for Bayfront Park Site #4, and that $134,030 be appropriated out of the Park Bond Fund for Special Com- missioners Awards, appraisal costs, court costs, and costs incidental thereto. Mr. Clifford Cosgrove, 3302 Olsen, appeared and questioned the amount of money being spent on open space land, stating that the City has many acres of land already dedicated for parks which have not been developed. He inquired if at some future time the land would be sold and used for some other purpose, and if so, what portion of the funds would revert back to the Department of Housing and Urban Development. City Manager Townsend explained in detail the overall project and pointed out the locations bf the Bayfront Park Sites. He stated the purpose of this project is to preserve forever the open space and to insure that no buildings will be constructed, other than for'open space activities, and protection against erosion. He explained that each parcel will be deed • Minutes Regular Council Meeting February 16, 1972 Page 7 restricted and limited to open space use, and should ;he land ever be used for any other purpose, the expended Fu rids would revert back to the governmert Motion by Branch, seconded by Lozano and passed, with Bonniwell abstaining with reference to Parcel No. 30, that the foregoing recommendation, Item "u", be approved as presented by the City Manager. ORDINANCE NO. 10706 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF A PARCEL OF LAND OUT OF LOT 24, H, B. SHEPPARD FARM LOTS AS SHOWN BY MAP OR PLAT OF RECORD IN VOLUME "A", PAGE 51, MAP RECORDS OF NUECES COUNTY FROM THE OWNERS, NORMA LEE STOCKSETH AND PATSY ANN BROOKS, SAID ACQUISITION TO BE FOR HUDSON ACRES PARK SITE; APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $5,009, OF WHICH AMOUNT $4,875 IS FOR COST OF ACQUISITION, AND $134 I5 FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS, ALL IN CONNECTION WITH PROJECT NO. 291-70-10.2, HUDSON ACRES PARK TEX-OSC-79); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol[owing vote: Bonniwell, Bosquez, Branch, Gonzales, Lazano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10707 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ARNOLD UTILITY CONTRACTORS, INC. FOR THE CONSTRUCTION OF THE STATE SCHOOL SANITARY SEWER PUMP STATION AND FORCE MAIN, PROJECT NO. 250-70-96; APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $33,000, OF WHICH $30,.970.53 IS FOR THE CONSTRUCTION CONTRACT AND $2,029.47 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10708 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR HILLCREST PARK, BUNG PROJECT NO, 291-70-10.1; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNER, WILLIE MAE BYARLEY, A FEME SOLE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. • Minutes Regular Council Meeting February 16, 1972 Page 8 ORDINANCE NO. 10709 AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND VIOLET WATER SUPPLY CORPORATION AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A", 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10710 AUTHORIZING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO ACCEPT AND APPROVE AN EXTENSION OF AN ASSIGNMENT AGREEMENT BETWEEN CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND HERSHEL AND LYDA N. CHANCE, D/B/A C & T GIFTS AND NEWS, SAID EXTENSION TO BE FOR A PERIOD OF FIVE (5) YEARS, COVERING THE NEWSSTAND FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF SAID EXTENSION AGREEMENT BEING 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. RESOLUTION NO. 10711 REQUESTING EXTENSION FOR TWO MONTHS OF A DISCRETIONARY GRANT FROM THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION TO CONTROL THE USE OF NARCOTICS AND DANGEROUS DRUGS; AND DECLARING AN EMERGENCY. The Charter Rule wassuspended and the foregoing resolution was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10712 CLOSING AND ABANDONING A 10 -FOOT UTILITY EASEMENT BETWEEN LOTS 12 AND 13, BLOCK 3, FLOUR BLUFF ESTATES NO. 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. • Minutes Regulth Council Meeting February 16, 1972 Page 9 ORDINANCE NO. 10713 APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $134,030 FOR AWARDS OF SPECIAL COMMISSIONERS, FEES FOR SPECIAL COMMISSIONERS, APPRAISAL COSTS, COURT COSTS AND COSTS INCIDENTAL TO ACQUISITION OF PARCELS 30, 32 AND 33, BAYFRONT PARK SITE 14, PROJECT NO. 291-70-8; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell abstaining; Sizemore was absent. ORDINANCE NO, 10714 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,732.32 FOR PROJECT NO. 220-70-1;M4; SACKY AND WEAVER STREET IMPROVEMENT',FOR ADDI- TIONAL CONSTRUCTI'ON'COSTS IN CONNECTION WITH THE AFORESAID PROJECT; AND DECLARING AN EMERGENCY. The CharterRule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. ORDINANCE NO. 10715 CLOSING ALL THAT AREA SHOWN ON THE CITY MAP AS BEING A PORTION CF RAILROAD AVENUE LYING IMMEDIATELY NORTH QF AND ADJOINING LOTS 9, 10, 11 AND 12, AND THE EAST ONE-HALF OF THE CLOSED PORTION OF 20TH STREET ADJOINING LOT 12, BLOCK 5; AND A PORTION OF RAILROAD AVENUE LYING IMMEDIATELY NORTH OF AND ADJOINING BLOCK 6, ALL IN PATRICK WEBB ADDITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordi nonce was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. RESOLUTION NO. 10716 RESOLUTION AUTHORIZING THE COASTAL BEND COUNCIL OF GOVERNMENTS TO ACT AS THE CITY'S PURCHASING AGENT FOR PURCHASE OF LAW ENFORCEMENT COMMUNI- CATIONS EQUIPMENT AS PART OF A REGIONAL LAW ENFORCEMENT COMMUNICATIONS PROJECT TO BE IMPLEMENTED IN THE COASTAL BEND REGION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. • Minutes Regular Council Meeting February 16, 1972 Page 10 Mr. Lonnie Chapman, 1617 Peabody, appeared and stated that he is "trot bled, confused and scared" and concerned for his life and that of his family because of his. active fight against the sale of drugs. He stated that drug pushers roam the streets of his neighborhood and are selling drugs to his children and his neighbor's children. He stated that he has appealed to every agency in the County; that he feels helpless because "when these pushers are arrested, they are met at the Courthouse by a lawyer and a bondsman and are back on the streets again the next day." City Manager Townsend stated he shared Mr. Chapman's concern relative to the freedom with which the criminals operate, and described the narcotics enforcement problem as very difficult. He advised Mr. Chapman to bring to his office any information he has which he stated would be transmitted to the Police Department. Commissioner Branch brought up the question of amending the Human Relations Ordinance, and made a motion that the ordinance be expanded to add three more members making a total of thirteen instead of the present ten, and that the additional members be between the ages of 17 and 25. The motion was seconded by Commissioner Gonzales. Motion by Stark, seconded by Lozano, with Gonzales and Branch voting "Nay", that the foregoing matter be tabled until all members of the Council were present. The motion was withdrawn. Mayor Pro Tem Bonniwel I called for a vote on the motion to amend the Human Relations Ordinance. Commissioners Gonzales and Branch voted "Aye", and Stark, Lozano, Bosquez and Bonnrwell voted "Nay". Mayor Pro Tem Bonniwell declared the motion failed for lack of sufficient affirmative votes. • Minutes February 16, 1972 Page Following a brief recess Mayor Pro Tem Bonniwell called the meeting to order at 3:30 p.m., and announced the Council would hold the scheduled public hearings on five zoning applications. Mayor Pro Tem Bonniwell presented Application #172-6, South Texas Materials Company, for change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District, on approximately 1.5 acres out of Lot 5, Section 40, Flour Bluff & Encinal Farm and Garden Tracts, located in the 2000 Block of Flour Bluff Drive. The Planning Commission held a hearing on this request January 4, 1972, and was forwarded to the Council with the recommendation that it be denied, but in lieu thereof a Special Permit be granted for a concrete mixing and proportion- ing plant according to the site plan approved by the Commission January 18, 1972, with the statement that a fence would not be required for this project, and the Staff concurred in the recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Gonzales, seconded by Stark and passed, that the hearing be closed. Motion by Gonzales, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #172-6, South Texas Materials Company, for change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District, on approximately 1.5 acres out of Lot 5, Section 40, Flour Bluff & Encinal Farm & Garden Tracts, be denied, but in lieu thereof a Special Permit be granted for a concrete mixing and proportioning plant according to the site plan approved by the Commission January 18, 1972, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Bonniwell presented Application #172-7, Floyd H. Trudeau, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on all of Lot 15, Bluff Estates, Unit #1, consisting of 43,200 square feet, located in the 400 Block of Paloma Street between Jarvis Drive and South Alameda. The Planning Commission held a public hearing on the request January 18, 1972, and forwarded it to the Council with the recommendation that it be approved because there has been a change in the character of the neighborhood, these lots are too deep for residential development, and "R-2" could revitalize this area due to the depth of the lots along Paloma Street in Bluff Estates Subdivision. • Minutes Regular Council Meeting February 16 Page City Manager Townsend pointed out that the Staff's recommendation was for denial on the basis that the entire surrounding areas are all single-family dwellings, and the "R-2" zoning would be a single purpose zone within this area which would permit construction of up to 11 units; that the zoning request is contrary to the ADC Land Use Plan, and since the property could be replatted into four single-family lots, which would be more in keeping with the area. Mr. Townsend stated that the Legal Department concurred in this recommendation as representing "spot zoning." No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Gonzales, seconded by Branch and passed, that the hearing be closed. Motion by Gonzales, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and that Application #172-7, Floyd H. Trudeau, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on all of Lot 15, Bluff Estates, Unit #1, consisting of approximately 43,200 square feet, located in the 400 Block of Paloma Street between Jarvis Drive and South Alameda, be approved, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Bonniwell presented Application #172-10, David Berlanga, Sr., for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on all of Lots 10 & 11, Block 7, San Diego, Unit #1, consisting of approximately 9,450 square feet, located at 2237 Campana Street east of Sarita Street. The Planning Commission held a public hearing on the request January 18, 1972, and forwarded it to the Council with the recommendation that it be approved because there has been a change in the character of the neighborhood by the widening of Tarleton Street and construction of the Crosstown Expressway; the fact that the Buccaneer Drive-in Theatre is located directly across the street with a local tavern located a few lots away would make it difficult to sell this property for a single- family residential use, and the only logical use would be for apartment development. City Manager pointed out that the Staff's recommendation for denial was because this area is predominately single-family and the proposed "A-1" zoning would create a single -use zone within this area; the lots are too small to adequately develop apartments since each lot is only 4,725 square feet in area; to place a • Minutes Regular Council Meeting February 16, 1972 Page duplex on each lot would require "A-1" zoning since "R-2" will not permit a duplex on each lot; and the request is out of character with the neighborhood. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Stark and passed, that the hearing be closed. Motion by Gonzales, seconded by Lozano and passed, with Branch and Bosquez voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #172-10, David Berlanga, Sr., for change of zoning from "R -1B" One - family Dwelling District to "A-1" Apartment House District, on all of Lots 10 & 11, 9,450 Block 7, San Diego, Unit #1, consisting of approximately/square feet, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Bonniwell presented Application #172-11, F. W. Heldenfeis,Jr. for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Indus- trial District, on approximately 42.87 acres on the northern most portion of Lots 3 through 6, Section 4, Flour Bluff and Encinal Farm and Garden Tracts, located in the 5200 Block of Holly Road, south of N.A.S. Railroad. The Planning Commission heard the request January 18, 1972, at which time the applicant stated warehousing, manufacturing, wholesaling and similar uses were proposed. The Commission forwarded the request to the Council with the recommendation that it be denied because granting this would reduce the, possibility of development on the southern portion of these lots; would be contrary to the ADC Land Plan; and would be inconsistent with action taken on similar zoning requests in the general area. The Staff concurred in this recommendation. Mr. Tony Heldenfels, Jr., applicant,spoke in opposition to the recom- mendation of the Planning Commission. He presented a schematic drawing of the proposed development and photos of industrial developments in this area, stating that these had been presented to the Planning Commission. Be stated it should be noted that the Harris Concrete Plant and the City Water Plant are located on Holly in the vicinity of the subject property; that there are large shopping centers and department stores in this area that need the warehouse facilities; and the proxi- mity to the railroad along the north side. He stated that the use of the railroad would decrease truck traffic on the City Streets; that certain types of operations will not be permitted,such as fish processing, poultry farm or slaughter house, • • Minutes Regular Council Meeting February 16, P72 Page 14 pounds, and riding stables; that the operation will be daytime hours only; and they would deed restrict the property to a limited degree. He stated the property will be sold in 5 -acre tracts, and they have several prospective purchasers who desire "1-2" zoning; pointed out that the Gardendale Subdivision is an old subdivision with very deep lots and that it is substandard; that he did not agree with the Planning Staff that the proposed use would be in violation of the zoning ordinance, but felt because of the railroad access and other factors mentioned, this is the best and highest use of the land. He stated that there had been only one person within the 200' radius in opposition. Mr. Ronald Karchmer, 1230 Guaranty Bank Plaza, spoke as an individual in opposition, stating he was a prospective home owner in this area and was concerned that if this tract is zoned "1-2" it would have an influence on the zoning of the Paul Snyder Estate tract which could eventually be zoned for light industrial use, and that this use would be out of character with the general area. Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition stating that several months ago a member of the Staff had indicated there was enough industrial property in the City. He stated it was not clear to him what uses are proposed for the tract. Mr. Heldenfels stated they feel the property is light industrial property because of the railroad tract, pointed out that there is no railroad access to the Snyder Tract, and if it were not for the railroad tract the property would be the same character as other "1-2" zoned areas in the City. Motion by Gonzales, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Stark, that the foregoing matter be tabled for further consideration. Commissioners Gonzales, Branch and Bosquez voted "Nay", and Mayor Pro Tem Bonniwell declared the motion failed. Motion by Gonzales, seconded by Branch and passed, with Stark, Bosquez and Lozano voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application 0172-11, F. W. Heldenfels, Jr., for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District, on approximately 42.87 acres on the northern- most portion of Lots 3 through 6, Section 4, Flour Bluff & Encino! Farm & Garden Tracts, be denied. • • Minutes Regular Council Meeting February 16, 1972 Page 15 Mayor Pro Tem Bonniwell announced the public hearing on Application '1172-12, E. P. Williams 111 and Guy W. Alexander, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on the north 1/2 of Lot 25, Section 18, Flour Bluff & Encino! Farm & Graden Tracts, consisting of approximately 9.15 acres, located onthe west side of Rodd Field Road between Lake View Drive and Holly Road. The application was heard by the Planning Commission January 18, 1972, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "R-2" Two-family Dwelling District be granted on the basis that "R-2" density would be more compatible with the surrounding area. The Staff concurred in this recommendation. Mr. Dean Peoples, realtor representing the applicants, spoke in opposition to the recom- mendation of the Planning Commission, stating that they felt the only logical use for this property is multi -family dwellings . He stated that in their search for a suitable location for the proposed development they were made aware of the scarcity of sites for this type development and lack of utility facilities for many tracts. He stated that this particular tract does have adequate utility facilities and feel it is ideally suited for the proposed development, does not lend itself to single-family development, and business development would perpetuate strip zoning. He stated he does not feel the "R-2" zoning as recommended by the Planning Commission and the Staff would be as adaptable to the neighborhood as the "R-2" because under the "A-1" use the develop- ment is for garden -type apartments with a larger percent of the land dedicated to open space, and that under the "R-2" classification only five percent is required for open space. He stated there is a gap between the rent -supplement type housing and the luxury type, and some tenants cannot qualify for either, hence, there is a definite need for medium priced housing such as they propose. He stated that 85 percent of the perfmeter of the subject,tract is bordered by empty fields, plowed fields, and a City Park that is not maintained because of Zack of develop- ment in the area, and that the other 15 percent is backed up by residences which have not r` increased in number in the past 13 years. He stated the oversized jots hove been a difficult problem, and they feel the first class development they are proposing would be an enhancement, and requested the,Council's serious consideration for granting the "A-1" as requested in the original application. He further pointed out that this request was denied by a 4-3 vote of the Commission, and that more people had indicated approval than opposition. • Minutes Regular Council Meeting February 16, 1972 Page 16 Mrs. D. W. Handley, 7022 Holly Road, spoke in opposition, stating they own a lot in Lake View Acres and plan to build their home there. She stated she did not agree that there are only thirteen residences in the area, and presented a petition containing 10 signatures in opposition. She stated they are opposed to the proposed zoning because it has not been clearly stated what uses are proposed, but feel multi -family development would be inconsistent with the character of the neighborhood. She pointed out that this area isianique because of the uncrowded atmosphere with one -family dwellings on large tracts of land, and that this type neighborhood should be preserved. She stated that the opposition had been expressed from these single-family residents and that those in favor did not live in the area. Mrs. Handley stated the petition had not been presented to the Commission. Mayor Pro Tem Bonniwell pointed out that the only way one could be sure what is going to be built would be by way of a Special Permit. The petition presented by Mrs. Handley was referred to the Planning Staff for determination of the 20 percent rule. Larry Wenger stated the petition does envoke the 20 percent rule. Mr. Robert Bark, 6982 Lake View, spoke in opposition, stating his residence is con- structed on three acres, and that he selected this site because of its rural atmosphere, and that he is deft nicely opposed on the basis it would not be in keeping with the character of the neighborhood. Mr. Guy Alexander, co -applicant, stated they could not say at this point what will be constructed on the property, but that he cannot see how multi -family units could interfere with the privacy of the residents of Lake View. He pointed out that the growth of the City is in that direction; the streets in Lake View will not be used; there will be few children and the schools will not be burdened. Mr. Peoples stated that in lieu of the requested "A-1", the "R-2" would be accepted. Motion by Gonzales, seconded by Stark and passed, that the bearing be closed. A motion by Stark, seconded by Gonzales that the matter be tabled, was withdrawn. Motion by Gonzales, seconded by Lozano and passed, Stark voting "Play", that the recommendation of the Planning Commission beacaoncurred in and. that. Application 0172-12, E. P. Williams III and Guy W. Alexander, for change of zoning from "R -1B" One -Family Dwelling s • Minutes Regular Council Meeting February 16, 1972 Page 17 District to "A.-1" Apartment House District on the north 1/2 of Lot 25, Section 18, Flour Bluff and Encina) Farm and Garden Tracts, consisting of approximately, 9.15 acres, be denied, but in lieu thereof "R-2" Two-family Dwelling District be granted and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Bonniwell announced the Council would recess for a scheduled joint workshop meeting with the Planning Commission for discussion of item "s" of the City Manager's Reports, relative to new water main extensions and water service policy outside the City Limits. The Meeting was reconvened at 5:00 p.m., and City Manager Townsend presented the following resolution for the Council's consideration: RESOLUTION NO. 10717 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER FULL AND FINAL RELEASE APPROVED BY SPECIAL, MCGINNIS, LOCHRIDGE & KILGORE REGARDING SETTLEMENT OF $64,523.00 IN A SUIT AGAINST UNITED CONCRETE PIPE CORPORATION, GIFFORD-HILL-AMERICAN, INC. ET AL, AND TO CAUSE THE SUIT TO BE DISMIS€ED WITH PREJUDICE, EACH PARTY TO BEAR ITS OWN COSTS AND ATTORNEY FEES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore was absent. There being no further business to come before the Council, the meeting was duly adjourned at 6:30 p.m., February 16, 1972.