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HomeMy WebLinkAboutMinutes City Council - 03/08/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 8, 1972 2:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by the Reverend Seymour Perkins, Pastor of First Congregational United Church of Christ. The Minutes of the Regular Meeting of February 23, 1972, were approved as submitted to the Council. One bid was received for the construction of Schanen-Brown Park and Municipal Service Center Park Improvements which was opened and read by Director of Engineering Services James K. Lontos, from Asphalt Paving & Construction Company. City Manager Townsend explained that the bid does not include the trees which had been deleted due to the time of year. He stated consideration would be given to advertising this item separately depending on the outcome of the bids to be received next week on Elgin and Hillcrest Parks. The foregoing bid was tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Sizemore called for the City Manager's Reports. Motion by Branch, seconded by Bonniwell and passed, that the City Manager's Reports, Items "a" thropgh "p", "d" deleted, be accepted, and that the requests and recommendations be granted and approved as follows: a. That a contract be awarded for Repair Parts for Traveling Screens at the O. N. Stevens High Service Pump Station to Rex Chain Belt, Inc., for $17,769.52, the company being the original supplier of the system and the only known source for replacement parts; • L s • Minutes Regular Council Meeting March 8, 1972 Page 2 b. That Ordinance No. 8848 be amended by amending Section 2 to authorize the Assistant Director of Finance and Chief Accountant, in addition to the City Manager and the Director of Finance, to execute release of liens after payment b6 the indebtedness represented by such lien; c. That the City Manager be authorized to enter into a lease agreement with Mrs. Lydia Delgado for operation of a snack bar in the basement of the Police Station, Mrs. Delgado having operated the concession for the last three years for Mrs. Pete Tunches who is retiring because of illness, and during this period gross sales have increased significantly from $6,449 to $8,068 yearly. The City will receive 3% gross sales; d. (withdrawn) e. That parking prohibition be lifted from the west side of Lower Broadway between Peoples and Taylor Street to allow 35 all -day parking spaces, this curb space now being reserved for S.B.A. employees, and the S.B.A. no longer needing this parking. This will help to alleviate the deficiency in available off-street parking spaces in the Central Business Districts, and was recommended by the Traffic Safety Advisory Board; f. That parking be prohibited during the hours of 4:00 p.m. to 6:00 p.m., on the north side of Doddridge Street between Ocean Drive and Topeka Street and at all times between Topeka and Alameda, and that parki ng be prohibited on the south side of Doddridge Street during the hours of 7:00 a.m. to 9:00 a.m. between Ocean Drive and a point 700 feet east of Alameda Street and at all times from a point 700 feet east of Alameda to Alameda Street. Peak hour traffic volumes cannot be adequately served by one traffic lane in each direction. The Traffic Safety Advisory Board concurs with this recommendation; g. That parking be prohibited on the west side of Jacquelyn Drive between Sam Street and Everhart Road - overflow or employee parking from the adjacent shopping center blocks the movement of traffic into and out of the Clare Mont Subdivision - the Traffic Safety Advisory Board concurs with the recommendation; h. That a speed limit of 45 mph be established on Navigation Boulevard between Bear Lane and Agnes Street as recommended by the Traffic Safety Advisory Board. The 85 percentile speed is 55 mph; there is very little land use development on this section of the street and no accident • • Minutes Regular Council Meeting March 8, 1972 Page 3 hazard; the eastbound speed will be reduced at the approach to Bear Lane and adequate warning signs will be posted near Agnes Street; i. That a speed limit of 35 mph be established on Gollihar Road between South Staples Street and Crosstown Expressway. A speed study proved that most drivers are now exceeding 30 mph on the existing improved sections of Gollihar Road. When completed to Staples Street, driving speeds on Gollihar Road will be similar to those on South Alameda, South Staples Street and other major arterials. The recommendation was concurred in by the Traffic Safety Advisory Board; j. That Antelope Street between Carancahua and Broadway be made one way eastbound for a two-year period, construction barricades for the Corpus Christi Bank & Trust Company having been erected 13 feet into Antelope Street and two-way traffic plus a parking lane cannot be provided. A temporary one-way movement is presently in operation, and the recommendation concurred in by the Traffic Safety Advisory Board; k. That the City Manager be authorized to sign a Consent Agreement between the United States Government and the City of Corpus Christi, and between the Texas -Mexican Railway and the City of Corpus Christi for the purpose of obtaining a permit to cross under the Holly Road railroad tract at Betty Jeon and Holly Road with a reinforced concrete culvert, said culvert comprising a portion of the storm sewer outfall for the Gardendale Storm Sewer System; I. That the City Manager be authorized to execute a Real Estate Sales Contract for acquisition of Parcel No. 16-1-B, in connection with the Clarkwood Ditch S.H. 44 to Oso Creek, from the owners Mr. and Mrs. A. C. Whitlock; and that an appropriation of $336.00 of which $246.00 is for cost of acquisition and $90.00 for incidental expenses related to closing cost, be approved; m. That the appraised values of Parcels Nos. 1, 3, 4, 5, and 6, for the Greenwood Drive Street Improvement Project, Horne Road to Padre Island Drive, be approved, that the City Manager be authorized to execute documents necessary for acquisition, and an appropriation of $10,027.99 out of No. 220 Street Bond Fund, including $9,027.99 for land purchase and $1,000.00 for incidental costs, be authorized; n. That a change order for the construction of the 48" Leopard Street Transmission Water Line be authorized to construct two concrete vaults along either side of the fault zone near • • Minutes Regular Council Meeting March 8, 1972 Page 4 Clarkwood Road, which are needed in order to provide better maintenance of the line and to better observe the movement of the water line resulting from the fault; that an appropriation of $16,000.00, $4,780.00 of which k for the change order and $11,220.00 to supplement funds previously appropriated and needed for resident inspection, radiographic testing which has overrun the estimate, and other contingencies and incidental expenses, be authorized; o. That the City Manager be authorized to enter into a contract with Page, Southerland, Page and Whittet, Architects, to prepare preliminary plans and specifications for expansion to the control tower at International Airport; FAA desires to lease between 11,400 and 16,400 square feet of space upon completion for expanded terminal radar approach control facilities, an airways facilities sector, a general aviation district office, and adequate parking spaces; FAA will amortize the building over fifteen years and pay operations and maintenance expenses; bond funds are available from the 1968 bond election due to FAA participation off -setting half the cost of runway lengthening, strengthening, and widening; and approximately $700,000 will be available for this and other projects. The Airport Advisory Board has indicated that additional space for FAA should have the highest priority of any capital improvement work at the Airport; p. That ratification confirmment and acknowledgement of the contractual annexation of the Saratoga Lane Company Tract, be approved. City Manager Townsend reported that Mr. Bill Shireman who has been a representative of the Legal Aid Society on the Human Relations Commission, has announced as a candidate for the Board of Regents of Del Mar College and asked that he be replaced by Mr. Robert D. Thorpe, an attorney on his Staff, to represent the Society on the Human Relations Commission. Motion by Bosquez, seconded by Stark and passed, that Mr. Shireman's resignation be accepted, that the designation of Mr. Robert D. Thorpe be approved to represent the Legal Aid Society on the Human Relations Commission, and that a letter expressing appreciation for his services on the Commission be forwarded to Mr. Shireman. City Manager Townsend announced the pending matter of Zoning Application 0172-9, John Tucker, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on a portion of Lot 2, Section 10, Bohemian Colony Lands, consisting of approximately 4 acres, on which a public hearing was held on February 23, 1972. He stated it was the recommendation • • Minutes Regular Council Meeting March 8, 1972 Page 5 of the Planning Commission that the request for "B-1" Neighborhood Business District be denied because there has been no change of character in the neighborhood and it is contrary to the Land Use Plan, and that the Staff concurred in this recommendation. Motion by Gonzales, seconded by Bonniwell and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application #172-9, John Tucker, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhopd Business District, on a portion of Lot 2, Section 10, Bohemian Colony Lands, consisting of approximately 4 acres, be denied. ORDINANCE NO. 10730 THIRD READING OF AN ORDINANCE DESIGNATING CHAPTER 33, SECTIONS 33-1 THROUGH 33-8, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AS "PART I, PERSONAL PROPERTY"; DELETING REFERENCES TO "MOTOR VEHICLES" IN SAID PART I; ADDING "PART II, ABANDONED MOTOR VEHICLES" TO SAID CHAPTER TO DECLARE ABANDONED PROPERTY A NUISANCE; PROVIDING THE DUTY OF POLICE TO IMPOUND; EXEMPTING CERTAIN TRASH' RECEPTACLES AND AUTO WRECKING YARDS AND INDUSTRIAL SCRAP YEARS; PROVIDING CERTIFICATION OF ABANDONMENT; AUTHORIZING USE OF CITY PERSONNEL OR USE OF CONTRACT FOR IMPOUNDING ABANDONED VEHICLES; AUTHORIZING THE POLICE DEPARTMENT OR OTHER AGENT TO ISSUE REQUIRED NOTIFICATION; AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AUCTIONS OF ABANDONED PROPERTY; CERATING THE ABANDONED MOTOR VEHICLE TRUST ACCOUNT; PROVIDING THAT THE ENFORCEMENT OF THIS ORDINANCE IS A FUNCTION OF THE POLICE POWER OF THE CITY, AUTHORIZING ENTRANCE ON PRIVATE PROPERTY FOR THE ENFORCEMENT OF THIS ORDINANCE AND AUTHORIZING THE MUNICIPAL COURT TO ISSUE ORDERS NECESSARY TO ENFORCE THIS ORDINANCE AND SECTION 306.4, ORDINANCE NO. 9811, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 24, 1970; PROVIDING FOR A LIEN ON IMPOUNDED PROPERTY; PROVIDING FOR REDEMPTION OF IMPOUNDED PROPERTY; PROVIDING FOR FEES FOR IMPOUNDING, STORAGE AND OTHER FEES; PROVIDING FOR DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY; REPEALING CHAPTER 21, SECTION 21-108, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AMENDING CHAPTER 21, SECTION 21-151, (2) TO RAISE THE TOWING FEE FOR IMPOUNDING UPON REDEMPTION TO. $10.00 OR $15.00 IF A DOLLY IS USED; PROVIDING FOR PUBLICATION; PROVIDING A SEVERABILITY CLAUSE. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE ASSIGNMENT OF LEASE FROM DYNETERIA, INC., TO ANTONIO BUENTELLO OF CERTAIN AIRPORT RESTAURANT AREA FOR SALE OF ALCOHOLIC BEVERAGES AS PER ATTACHED EXHIBIT A. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting March 8, 1972 Page6 SECOND READING OF AN pRDINANCE AUTHORIZING EXTENSION AND AMENDMENT OF LEASE TO DYNETERIA, INC. AND ANTONIO BUENTELLO, OF CERTAIN SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A", MADE A PART HEREOF, WHICH PROVIDES FOR A FIVE-YEAR EXTENSION OF SAID LEASE, FOR THE SALE OF MIXED DRINKS, FOR $10,000 WORTH OF IMPROVEMENTS TO SAID AREA BY DYNETERIA, INC. FOR THE RENTAL PAYMENT ON GROSS SALES INCLUDING LIQUOR. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10731 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, TO LO-VACA' GATHERING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 10 -INCH NATURAL GAS PIPELINE ACROSS A TRACT OF LAND KNOWN AS THE L.L. WOODMAN TRACT, IN THE CITY OF CORPUS CHRISTI, MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A COPY OF WHICH EASEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF THE FEE THEREIN PROVIDED; 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. 10732 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, TO COASTAL STATES CRUDE GATHERING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 12 -INCH NATURAL GAS PIPELINE ACROSS A TRACT OF LAND KNOWN AS THE L.L. WOODMAN TRACT, IN THE CITY OF CORPUS CHRISTI, MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A COPY OF WHICH EASEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF THE FEE THEREIN PROVIDED; 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. 10733 AMENDING ORDINANCE NO. 8848 BY AMENDING SECTION 2 THEREOF 50 AS TO AUTHORIZE THE ASSISTANT DIRECTOR OF FINANCE AND THE CHIEF ACCOUNTANT, IN ADDITION TO THE CITY MANAGER AND DIRECTO 1 OF FINANCE, TO EXECUTE RELEASE OF LIENS AFTER PAYMENT OF THE INDEBTEDNESS REPRESENTED BY SUCH LIEN; 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 andStark, present and voting "Aye". • L • Minutes Regular Council Meeting March 8, 1972 Page 7 ORDINANCE NO..10734 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF A PORTION OF LAND OUT OF LOT 1, BLOCK 1, SOUTH CLARKWOOD ACRES, FROM THE OWNERS, A. C. WHITLOCK AND WIFE, DOROTHY A. WHITLOCK, FOR THE CLARKWOOD DITCH, S.H. 44 TO OSO CREEK, PROJECT NO. 295-67-46; APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND $336, OF WHICH $246 IS FOR THE COST OF ACQUISITION AND $90 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS; 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". FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY DELETING THEREFROM ITEM 7 UNDER SECTION 21-155, THE SAME BEING LOWER BROADWAY (WEST SIDE), BETWEEN PEOPLES STREET AND TAYLOR STREET; ADDING TO SAID SECTION 21-155 NEW ITEMS SO AS TO HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE NORTH SIDE OF DODDRIDGE STREET, BETWEEN TOPEKA STREET AND ALAMEDA STREET; ON THE SOUTH SIDE OF DODDRIDGE STREET, BETWEEN ALAMEDA STREET AND A POINT 700 FEET EAST OF ALAMEDA STREET; AND ON THE WEST SIDE OF JACQUELYN STREET, BETWEEN EVERHART ROAD AND SAM STREET; AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY MAKING PROVISIONS FOR NEW ITEMS SO AS TO FORBID THE STOPPING, STANDING OR PARKING OF VEHICLES ON THE NORTH SIDE OF DODDRIDGE STREET BETWEEN OCEAN DRIVE AND TOPEKA STREET BETWEEN 4:00 P.M. AND 6:00 P.M., AND ON THE SOUTH SIDE OF DODDRIDGE STREET BETWEEN OCEAN DRIVE AND A POINT 700 FEET EAST OF ALAMEDA STREET BETWEEN 7:00 A.M. AND 9:00 A.M.; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10735 AUTHORIZING THE CIN MANAGER TO EXECUTE CONSENT AGREEMENTS BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEX-MEX RAILWAY COMPANY AND THE UNITED STATES GOVERNMENT IN CONNECTION WITH CONSTRUCTING A REINFORCED CONCRETE BOX CULVERT NEAR STATION 482+70, SAID CULVERT BEING NECESSARY FOR DRAINAGE OF THE GARDENDALE PROJECT NO. 295-70-64; 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". Minutes Regular Council Meeting March 8, 1972 Page 8 ORDINANCE NO. 10736 • PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, A MAP OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO, WITHIN THE OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE CITY OF PORT ARANSAS, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "B,", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERA- BILITY; 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. 10737 (Failed to pass) 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 DAVID BERLANGA, SR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 10 AND 11, BLOCK 7, SAN DIEGO, UNIT #1, 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 HERE- WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance failed to pass by the following vote: Bosquez, Gonzales and Lozano voting "Aye"; Sizemore, Bonniwell, Branch and Stark voting "Nay". ORDINANCE NO. 10738 (Failed to pass) 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 FLOYD H. TRUDEAU BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 15, BLU(F ESTATES, UNIT t1, SITUATED IN THE CITY OF CCR PUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance failed to pass by the following vote: Bosquez, Gonzales and Lozano voting "Aye"; Sizemore, Bonniwell, Branch and Stark voting "Nay". • Minutes Regular Council Meeting March 8, 1972 Page 9 r Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Brent Davis, 511 Ayers Street, representative for the New Light Communitarian Church, appeared and urged the Council to adopt a more lenient policy relative to the enforce- ment of marijuana laws. He stated that in view of the pending legislation by the State or. Federal Government to reduce the penalties, the City should declare a moratorium and instruct the Police Department to "stop their reign of terror" and cease making arrests for simple possession of marijuana. He stated that young men are being placed I "torture dungeons" with persons charged with more serious offenses, are being subjected to conditions which should not be allowed, and are being penalized far beyond their sentences. He stated that marijuana is not a narcotic and is not harmful; that young citizens are being forced to be immersed in a drug culture where they will encounter stronger drugs, and stated that if alcohol were illegal, the same situation would exist. He urged the Council to pursue the idea expressed last week of setting up a committee of 150 to meet with these groups and discuss the marijuana laws. Mayor Sizemore stated he did not recall saying he wanted to set up a committee of 150, but that he did say he wanted more information and that the Council wanted to look further into the laws. He pointed out that so far as the City is concerned possession of marijuana is a mis- demeanor and is a felony offense of the State. City Attorney Jim Riggs stated the City is involved with the enforcement of the State law and explained the procedures for enforcement of these laws. He stated there is no action the City can take to nullify the State low. Mr. James Lisenby, 425 Upper Broadway, stated the Staff of the Drug Abuse Council would be glad to help in any way possible to inform the public about drug abuses. He stated use of drugs is. a growing problem, is not receiving the recognition and response it deserves and that the present public approach, perhaps due to its association with the medical profession, can only hamper and not help. He stated the public is being fed ?!a lot of garbage" and too much propaganda, and young people will turn a deaf ear when more important propaganda is necessary and could cost them their lives. He stated he had been involved with drugs since he was twelve years old and did not feel he had been harmed; that the use of marijuana was no more harmful than • • Minutes Regular Council Meeting March 8, 1972 Page 10 nicotine or alcohol, and that there are more deaths attributed to alcohol than marijuana. He stated he had been hired as a "street worker" and that these are the opinions of many people on the streets. He presented his statement in writing to the Mayoremphasizing that the views therein are his and not those of the Drug Abuse Council. Mayor Sizemore stated that the Council could not givelan answer at this time and would not promise to repeal the ordinances, but would attempt to seek more information. Mr. Jacinto Lira, representing the Austin Neighborhood Council, appeared and urged the Council to follow through on a previous action to improve the three -lot park in the Austin School area. He presented a drawing of what they had hoped would be constructed in the park., and stated the youth of the Austin Neighborhood Council would help to build what is shown on the chart if the Council would give their permission. Mrs. Lilly Lira appeared representing the Austin Neighborhood Council and questioned the fact that the parkin this area was not mentioned in the newspaper along with other parks to be improved, and expressed concern that possibly it had been deleted from the program. City Manager Townsend explained that the development of this park is one of the projects included in this year's program; that money is available, and construction is ready to begin soon. He stated he would be happy for a member of the City Staff to meet with the Youth Council and explain in detail what is being planned for the park development. Mr. Lira stated this would be agreeable and stated the group meets at 421 Virginia every Thursday evening at 6:30. Mr. John L. (Honest John) Bagwell, 1650 17th Street, appeared and urged the Council to proceed with efforts to obtain a long-term water supply for the City, pointing out that bond issues for schools, etc., are important but not nearly as important as our water supply. He pointed out that he has seen the Lake down to 68 feet and when that low, the evaporation is greater than the consumption, and that this City would be in serious trouble if we had two consecutive dry seasons. He stated that for 40 years he had watched this issue pass from one Council to another and the time had come when something had to be done. He stated he felt the Water Board should be controlled by the City. Mayor Sizemore and City Manager Townsend agreed with Mr. Bagnall that the water supply is a serious problem which will have to be resolved in the 1970s, that the City has been working on it for eleven years and a project of this magnitude usually requires about 15 years. • Minutes Regular Council Meeting March 8, 1972 Page 11 411. Following a brief recess, Mayor Sizemore reconvened the meeting and announced the scheduled public hearings on five zoning applications. Commissioners Bonniwell and Bosquez departed the meeting at this time. City Manager Townsend presented Application #272-1, Two Way Land Company, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "T-1" Mobile Home Subdivision, on a 11.20 -acre tract of land out of Lots 6, 7, and 8, Section 56, Flour Bluff & Encinal Farm & Garden Tracts, located south of the 300 Block of Skipper Lane and Valerie Street and north of Jester Street. He explained that the request was heard by the Planning Commission February 1, 1972, and forwarded to the Council with the recommendation that it be denied because the property is located in a flood hazard area, it is in very close proximity to the flight pattern of the Naval Air Station and, further, not suitable for residential develop- ment. The Staff concurred in this recommendation. Mr. Eddie Savoy, owner of Two Way Land Company, spoke in opposition to the recom- mendation of the Planning Commission, and described the proposed development of the property from a map which he stated had been presented to the Planning Commission. He stated he is aware that because of a recent amendment to the Building Code, all structures would have to be erected at a 12 -foot elevation. He stated the land is low and not suitable for residential development, but that they had presented a plan to the Plannirg Commission whereby the land would be dredged and raised to the proper elevation so as to be suitable for mobile homes and had contemplated on having some water -oriented lots by construction of channels through the property. He stated that they are also aware that the property is located under the flight pattern of the Naval Air Station, but pointed out that airplanes fly all over the Flour Bluff area and that people are still buying single family lots and other mobile homes developments, are doing very well in spite of the air traffic. He stated this area is more out of the flight pattern than some other mobile homes. He stated the property is not platted but they plan to plat contingent on the outcome of this hearing. He stated he would be eligible for flood insurance. City Manager Townsend pointed out that when the property is platted something will have to be done about the streets including Valerie Street which does not show on the groupd. It was also pointed out to Mr. Savoy the expense of dredging to bring the property to proper elevation. • Minutes Regular Council Meeting March 8, 1972 Page 12 Mr. Townsend read the letter from the Navy stating their opposition to any increase in population in close proximity to the Naval Air Station. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by—Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission not be concurred in and that Application /272-1, Two Way Land Company, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "T-1" Mobile Home Subdivision, on a 11.20 -acre tract of land out of Lots 6, 7 and 8, Section 56, Flour Bluff & Encino! Farm & Garden Tracts, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application /272-3, Hutch Bryan, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion of Lot 8, Block H, Flour Bluff Estates, located on the east side of the 400 Block of Mounts Drive, north of South Padre Island Drive. He stated the request was heard by the Planning Commission February 1, 1972, and forwarded to the Council with the recommendation that it be approved on the basis that it would provide additional property for future expansion, would allow better utilization of all the applicant's property, and would be more in conformance with the depth of the "B-4" zoned properties to the west across Mounts Drive. The Staff concurred in this recommedation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Gonzales, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that Application /272-3, Hutch Bryan, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion of Lot 8, Block H, Flour Bluff Estates, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application /272-4, Dr. Jack McKemie, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District on approxi- mately 2.98 -acres out of Lot B, Tract 2, Hospital Tract Subdivision, located in the 3500 Block of South Alameda Street, immediately adjacent to the Crippled Childrens Hospital. He explained that the request was heard by the Planning Commission February 1, 1972, and forwarded to the Minutes Regular Council Meeting March 8, 1972 Page 13 Council with the recommendation that it be approved as requested. The Staff recommended that "AB" be denied, but in lieu a Special Permit be granted according to a site plan, on the basis that under the "AB" use the applicant would be required to erect a standard screening fence along three sides of the property which would destroy the campus -type atmosphere within this area. The Staff's comments were that the "AB" use would blend in with the present facilities and would be a favorable type use for this tract. Mr. J. W. Gary, attorney representing the applicant, stated that since the Commission hearing, they have satisfied themselves that there would be no loan problems for a special permit and that the applicant had deckled he would prefer this in order to avoid construction of the fence which would be required with the; "AB" uses. He stated the deed restrictions would be more restrictive and they would be happy to accept the special permit. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Gonzales and passed, that the hearing be closed. Motion by Branch, seconded by Lozano and passed, that the recommendation of the Planning Commission not be concurred in and that Application 0272-4, Dr. Jack McKemie, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District on approximately 2.98 -acres out of Lot B, Tract 2, Hospital Tract Subdivision, be denied, but in lieu thereof, a Special Permit be granted according to an approved site plan, and that an ordinance be brought forward effectuating the special permit. City Manager Townsend presented Application #272-5, Donald R. Young, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of Lots 22 & 23, Block 1, Alameda Park, located on the northeast corner of the intersection of Gertie Street and Roberts Drive. He explained that the request was heard by the Planning Com- mission February 1, 1972, and forwarded to the Council with the recommendation that it be denied on the basis it would be an encroachment into an established residential area. The Staff concurred in this recommendation. The 20% rule is in effect. Mr. Donald Young, applicant, spoke in opposition to the recommendation of the Planning Commission, stating that he had made the application for rezoning because he was advised by the Staff of the Planning Department that he should do this in order to continue the use of his garage • Minutes Regular Council Meeting March 8, 1972 Page 14 for storage of copper pipe and other plumbing materials which is in violation of the zoning ordinance. Mr. Young explained that he had used this double garage for storage for the past 14 years; that his plumbing business is located directly across the alley from this garage and that the rear of the garage opens onto the alley facing the back of his property. He stated he parks one pick-up truck on the side; that there is no outside storage; that the alley is cleaner than any other on the street; that there is a 6' redwood fence separating the garage from the residences; that there has never been a complaint from any of the neighbors, and he feels he is being dis- criminated against and that he will be put out of business. City Manager Townsend stated that there were protests as reflected from notices mailed before the Commission hearing; that of twenty-eight noticesmdlyd,five were received in favor and six in opposition. Mr. Young stated that he has property located in another pa -t of town which he antici- pates establishing his plumbing business, but that is of no help to him if he is forced to discontinue the use of the garage now. He stated he probably could move his business some time this year. City Manager Townsend stated that it had come to his attention that the garage is not located on the property and is a second building which is a clearer case in violation, but that if the applicant has been conducting this business there for 14 years, a reasonable phase out would be inklicated and the problem could be worked out with the City Inspectors. Motion by Branch, seconded by Stark and passed, that the hearing be closed. Motion by Branch, seconded by Stark and passed, that Application #272-5, Donald R. Young, be tabled for further consideration. City Manager Townsend presented Application #272-6, A. L. Rankin, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on approxi- mately a 2.9 -acre area out of the Paisley Subdivision (A.L. Rankin Tract). He explained that the Planning Commission heard the request February 1, 1972, and forwarded it to the Council with the recommendation that it be approved subject to deed restrictions against a dance hall, beer tavern, and on -premise consumption of alcoholic beverages, because the assessed taxes on this property are for business uses, the increased traffic flow along this major thoroughfare; and this is a good location for business property. He stated the Staff's comments were that this entire area is • • Minutes Regular Council Meeting March 8, 1972 Page 15 developed with single-family dwellings and if this zoning is granted it will create a continuous strip of business zoning along this major street and each business that located within this area will hove a minimum of two-driveWay cuts for each use, thus ingress and egress of traffic would be hazardous at each deiveway cut and would also cut down on the traffic carrying capacity of this major thoroughfare, and therefore recommends that "B-1" be denied, but in lieu thereof, "AB" be granted, which would create less traffic generation because of the professional office use. Larry Wenger, Senior Planner, stated that the applicant had submitted a plat to the Planning Commission February 15, 1972, which was approved as submitted, but that the plat had not been filed for record. Mr. Daniel Yantis, 4738 Bluebell, spoke in opposition stating that Inwood Village and Prescott Village Subdivisions are established residential areas and this would be an encroachment into a residential neighborhood. He pointed out that Gollihar Road is narrow and presently very congested and the proposed businesses would further increase the'trgffic hakards. He stated the residents in the area would prefer "AB" Professional Uses if it cannot be developed for single- family residences. He pointed out that under the "B-1" classification some of the vacant lots could be used for a lounge. Mayor Sizemore stated he had received a telephone call from Mr. Noe Gonzales, 4514 Bluebell opposing the request for "B-1" zoning on the grounds it would increase traffic. Mr. Marlin Giles, attorney representing Dr. Roberto Bosquez, spoke in opposition stating i that"his client was required to dedicate a 20 -foot easement for the right-of-way to Gollihar, and would like Mr. Rankin to be required to dedicate a 20 -foot easement for his purpose also and that the plat should reflect this dedication. He pointed out that Gollihar Road narrows from the Prescott Shopping Center to the Crosstown Expressway resulting in a vary hazardous condition that would be resolved by the 20 -foot dedication. He stated that the applicant has shown on his plat this 20 -foot dedication and their opposition has been withdrawn. Mr. John Waller, attorney representing the applicant, spoke in favor of the request and presented pictures of the property from several different directions. He stated he had represented Mr. Rankin at the Commission hearing and had presented six reasons for this request (1) property fronts on a major traffic artery; (2) property abuts "B-1" Neighborhood Business development; • Minutes Regular Council Meeting March 8, 1972 Page 16 (3) the Freeway abuts and is overhead; (4) property is still vacant 15 years after surrounding subdivisions are fully developed, indicative of incorrect zoning; (5) there is a demand for business uses and there has never been an offer to purchase the property for residential development; and (6) the City treats the property as business property for taxation and paving assessment purposes. He stated that the applicant would not permit a business to sell beer or liquor for on -premises consumption, and y✓ould file deed restrictions to this effect and that this be made a requirement of the "B-1" zoning. Mr. Waller stated that he had made a survey of the surrounding residents if they would be opposed to the "B-1" zoning if the land cannot be used for dance halls, beer tavems, or on -premises consumption of alcoholic beverages (beer, wine or liquor), and that he received eight in favor and none in opposition. Mr. Waller stated that Mr. Yantis' opposition does not reflect the sentiment of most of the residents. 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 #272-6, A. L. Rankin, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on approximately a 2.9 -acre area out of the Paisley Subdivision (A. L. Rankin Tract), be approved subject to deed restrictions against a dance hall, beer tavern, and on -premises con- sumption of alcoholic beverages, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned at 5:15 p.m., March 8, 1972.