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HomeMy WebLinkAboutMinutes City Council - 03/15/1972— MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 15, 1972 2:00 p. m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: IRoberto Bosquez, M.D. ev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark Hall. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City The Invocation was given by Mayor Pro Tem Charles A. Bonniwell in the absence of the invited Guest Chaplain. The Minutes of the Regular Council Meeting of March 1, 1972, were approveclas pre- sented to the Council. Mayor Sizemore announced the issuance of proclamations as follows: INTERNATIONAL DE MOLAY WEEK, March 12 through 19, 1972; BIRTHDAY WEEK (Camp Fire Girls), March 19 through 25, 1972; SAVINGS BONDS WEEK, March 12 through 18, 1972; rind PARENTS WITHOUT PARTNERS WEEK, March 19 through 25, 1972. One bid was received for the construction of Hillcrest Park and Elgin Park Improvements which was opened and read by Director of Engineering Services James Lontos, from Asphalt Paving and Construction Company. The foregoing bid was tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Sizemore presented a Certificate of Commendation to Captain Roy A. Corkill who is retiring after 49-1/2 years of employment with the City Gas, Water, and Fire Departments, 35 years: of which were with the Fire Department. Chief John J. Carlisle participated in the presentation and described his services as unusually dedicated and loyal. Mayor Sizemore called for the City Manager's Reports. Motion by Gonzales, seconded by Branch and passed, with Bonniwell abstaining on item "c", that the City Manager's Reports, items "a" through "p", be accepted, and that the requests and recommendations be granted and approved as follows: • Minutes Regular Council Meeting March 15, 1972 Page 2 a. That authority to receive bids at 11:00 a.m., April 4, 1972, for 15 truck bodies and 8 pairs of side -packed utility tool boxes, be granted, the Corpus Christi Independent School District having joined" the City in a cooperative bid for these items; b. That a contract be awarded for one Combination Truck with mounted backhoe to Nueces Ford Tractor, Inc., on the basis of low bid, without trade-in, of $11,801.00, retaining the used equipment, which is being replaced, and selling it by auction, a minimum savings ,to the City of $250.00 over the competitive bid should result - bids were received from two firms; c. That a 10 -foot ufility easement in Lot 3, Block 1, Ebony Acres Annex located within an existing mobile home park on Lantana Street, be abandoned - all affected departments having concurred in the abandonment; d. That the City Manager be authorized to execute a Certificate of Agreement to enable the City to participate in the Summer College Work -Study Program; the agreement becomes a contractual agreement only after a student has been accepted for employment; the City has requested 20 students which will be CorpusrChristi residents who qualify for work-study through some Texas College; e. That the City Manager be authorized to sign utility joint use agreements with the State Highway Department whenever the City is using or proposes to use State right-of-way for a utility line according to the standard Highway Department Utility Joint Use Agreement, said agreement providing for joint use under existing conditions and does not incur City obligations - four agree- ments are pending for Padre Island Drive and one for Park Road 22 leading to the Causeway; f. That an appropriation of $4,950 out of No. 295 Storm Sewer Bond Fund for award of appraiser's costs and costs incidental to acquisition of Parcel 20, Clarkwood Ditch Project, being condemnation Cause No. 653, City of Corpus Christi vs. H. E. Carberry, et al, be approved; g. That an appropriation of $5,936.00 for additional fees of Smith and Russo for architectural services required in connection with Hurricane Celia Damage Repairs and Better- ment to Memorial Coliseum and e=xposition Hall, be approved; h. That an appropriation of $4,427.00 for the additional cost to raise the FAA owned threshold bar and nine adjacent elevated light bars at Corpus Christi International Airport, be approved; the total cost of the Light Bar Adjustment being $21,027.00 which k 50% reimbursable • • Minutes Regular Council Meeting March 15, 1972 Page 3 from FAA; FAA having overlooked adjustment of the light bar sleeves in their original cost estimate; i. That the contract for the construction of Sanitary Sewer Trunk Mains in Flour Bluff, Contract No. 1 be accepted as complete and that final payment for $49,587.t be authorized to the contractor, Heldenfels Brothers, total cost of construction under the contract being $199,863; 1. That the plans and specifications for the Marina improvements be approved and bids be received on April 5, 1972, the plans including renovation and replacement of all the slips along the stem of the Lawrence Street T -Head, the construction of two finger piers at the Lawrence Street T -Head which would provide 37 additional slips, safety ladders and water line extensions at both T -Heads and the L -Head, and electrical outlets for all new slips; k. That the plans and specifications for Gollihar Road Improvements from Caddo to Airline be approved and that authority be granted to receive bids at 2:00 p.m. April 5, 1972. The plans call for widening of Gollihar to 48 -foot width with exception of providing.an additional lane for parking and unloading along King and Meadowbrook Schools; minor storm sewer extensions in Brock and Bradshaw are included to alleviate a drainage problem; the widening of Adel Drive and the extension of the large storm sewer box at Gollihar and Airline being included to provide a better transition across Airline; I. That bids for the sanitary sewers collectors and mains in Flour Bluff, Contract III, be received April 12, 1972, the City having received word from the Department of Housing and Urban Development that the plans as approved by the Council on January 26 have been approved by both the Department of Housing and Urban Development and the Texas Department of Health; heretofore m. That the state of civil emergency . / existing as a result of Hurricane Celia be officially ended and declaring the rehabilitation and restoration of property damaged by Celia to be complete -Ordinance. Nos. 9884, 9895, and 9970, relating to itinerant vendors permits will thus be changed as follows: (1) Vendors will no longer be allowed to conduct business from anywhere within the City Limits, but will have to have permanent place from which to conduct business. • • Minutes Regular Council Meeting March 15, 1972 Page 4 (2) Documents certifying incorporation or permit to do business in State of Texas must be filed at least 10 days prior rather than 5 days prior to issuance of permit. (3) City Collection Supervisor will resume duties of administering Itinerant Vendors permits in lieu of the City Attorney or the City Secretary. n. That the date of April 3, 1972, 7:30 p.m., Special Meeting, to -be heldat Tuloso- Midway Junior High School, be set for a public hearing on the following zoning applications: (1) Charles V. Walker - from "R -1B" to "A-1", located on the northwest corner of UpRiver Road and Retama Avenue; (2) Max C. Kluge - from "R -1B" to "A-1", located on the east right of way line of Benys Road, north of Leopard Street; o. That the date of April 10, 1972, 7:30 p.m., Special Meeting tobe held at Flour Bluff High School, be set for a public hearing on the following zoning applications: (1) Roy Lay and Two Way Land Company - from "R -1B" to "A-2", located on the east and west right-of-way line of Behmann Street, north of South Padre Island Drive; (2) Raymond N. Sims - from "R -1B" to "T-1", located on the east right-of-way line of Waldron Road, north of Don Patricio Road; p. That the date of April 5, 1972, 3:30 p.m., Special Meeting, be set for a public hearing on the following zoning cases: (1) The City of Corpus Christi - 1. From "R -1B" & "B-1" to "B-4"; 2. "R -1B" to -"R-2" located on the southwest and northwest corners of South Padre Island Drive and South Staples Street; (2) The City of Corpus Christi - 1. From "R -1B" & "B-1" to "B-4"; 2. "R -1B" to "AB'.'"; located on the southeast and northeast corners of South Padre Island Drive and Everhart Road and a strip of land along the west side of Everhart Road, South of South Padre Island Drive; (3) The City of Corpus Christi - 1. From "B -1A" to "B-1"; 2. Vi special permit and "R -1B" to "B-4", various properties along the north and south side of South Padre Island Drive between South Staples Street and Airline Road; (4) The City of Corpus Christi - 1. From "A-2" to "B-5"; 2. "1-3" to "B-5", located south of Comanche Street, north of Telco Street, east of North Tancahua Street extending to midway between North Carancahua Street and Upper Broadway. SECOND 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 50 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 PROVISION S FOR NEW ITEMS • • Minutes Regular Council Meeting March 15, 1972 Page 5 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 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. 10739 DECLARING AN END TO THE STATE OF CIVIL EMERGENCY HERETOFORE EXISTING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND DECLARING THAT THE REHABILITIATION AND RESTORATION OF PROPERTY DAMAGED BY HURRICANE CELIA TO BE SUBSTANTIALLY COMPLETE, EXCEPTING THE CITY MOBILE HOME PROGRAM AT CABANISS FIELD; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10740 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS NOS. 1, 3, 4, 5, AND 6, FOR GREENWOOD DRIVE STREET IMPROVEMENTS, HORNE ROAD TO PADRE ISLAND DRIVE; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $10,027.99, OF WHICH $9,027.99 IS FOR LAND PURCHASES AT APPROVED VALUES AND $1,000 IS FOR CONTINGENCY COST INCLUDING APPRAISALS AND INCIDENTAL COST RELATED TO THE CLOSING OF SAID PURCHASES, ALL APPLICABLE TO PROJECT NO. 220-70-113; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordi nonce was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10741 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 22. PARKING REGULATIONS, BY AMENDING THE TABLE UNDER SECTION 22-1 BY DELETING LINES 19 AND 28, COLUMNS 1 THROUGH 4, AND DELETING FROM LINE 17 THE WORD "MULTIPLE" IN COLUMN 1; AMENDING THE ZONING ORDINANCE BY AMENDING ART; 27. SUPPLEMENTARY HEIGHT, AREA, AND BULK REQUIREMENTS, SECTION 27-3, MODIFICATIONS OF AREA REGULATIONS, SUBSECTION 27-3.01.07, BY DELETING THE WORDING "A DWELLING USE OR" FOLLOWING THE WORDS "ADJACENT TO" EN THE SECOND LINE, AND IN THE SEVENTH AND EIGHTH LINES FOLLOWING THE WORDS "ADJACENT TO", DELETE THE WORDING "THE DWELLING USE OR"; 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 March 15, 1972 Page 6 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 SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED','AY AMENDING SPEED LIMITS ON GOLLIHAR ROAD AND ON NAVIGATION BOULEVARD, AS HEREINAFTER PROVIDED; AMENDING SECTION 21-153, SCHEDULE I, ONE WAY STREETS AND ALLEYS, SUBSECTION (a), AS AMENDED, BY ADDING THERETO ANTELOPE STREET, FROM CARANCAHUA STREET TO UPPER BROADWAY; 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 Stork, present and voting "Aye". ORDINANCE NO. 10742 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH M. E. ALLISON 8, CO., INC., A TEXAS CORPORATION FOR SERVICES OF SAID COMPANY AND M. E. ALLISON AS FINANCIAL ADVISORS FOR THE CITY OF CORPUS CHRISTI IN CONNECTION WITH THE SALE OF REVENUE AND GENERAL OBLIGATION BONDS FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE $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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10743 CLOSING AND ABANDONING A l0 -FOOT UTILITY EASEMENT IN LOT 3, BLOCK 1, EBONY ACRES ANNEX; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell abstained. ORDINANCE NO. 10744 AUTHORIZING THE CITY MANAGER \ TO EXECUTE CHANGE ORDER NO. 6 TO THE CONTRACT WITH BURTEX CONSTRUCTORS, INC. FOR THE CONSTRUCTION OF THE 4B" WATER MAIN FROM CALALLEN, PROJECT NO. 202-68-29.1; APPROPRIATING OUT OF THE NO. 202 WATER SYSTEM BOND FUND $16,000 OF WHICH $4,780 15 FOR SAID CHANGE ORDER NO. 6 AND $11,220 IS TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED FOR CONTINGENCIES AND INCIDENTAL EXPENSES BY ORDINANCE NO. 9701; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting March 15, 1972 Page 7 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. 10745 APPROPRIATING OUT OF NO. 103 TOURIST AND CONVENTION FUND, ACTIVITY 5501, CODE 460, $5936 FOR ARCHITECTURAL SERVICES PROVIDED BY SMITH & RUSSO IN CON- NECTION WITH HURRICANE CELIA DAMAGE REPAIRS AND BETTERMENT TO MEMORIAL COLISEUM AND EXPOSITION HALL, PROJECT NO. 102-4298-77; 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 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR OPERATION OF A SNACK BAR IN THE WEST END OF THE BASEMENT OF THE POLICE BUILDING TO MRS. LYDIA DELGADO, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bobquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10746 APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND THE SUM OF $4950 FOR AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES, APPRAISER'S COSTS, COURT COSTS AND COSTS INCIDENTAL TO ACQUISITION OF PARCEL 20, CLARKWOOD DITCH PROJECT, NO. 295-67-46, BEING CONDEMNATION CAUSE NO. 653, CITY OF CORPUS CHRISTI VS. H. E. CARBERRY, ET AL; 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. 10747 APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND $4,427 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NOS. 9662 AND 10,592, FOR ADJUSTMENT OF THE RAISED LIGHT BARS AT CORPUS CHRISTI INTERNATIONAL AIRPORT, PROJECT NO. 245-68-11.5; 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 Meting March 15, 1972 Page 8 ORDINANCE NO. 10748 AUTHORIZING THE CITY MANAGER TO EXECUTE UTILITY JOINT USE AGREEMENTS WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS HIGHWAY DEPARTMENT, FOR JOINT USE OF ANY STATE-OWNED RIGHTS-OF-WAY, WITH THE TERMS AND CONDITIONS OF SUCH USE TO BE AS SET FORTH IN THE STANDARD FORM CONTRACT OF THE TEXAS STATE HIGHWAY DEPARTMENT, ATTACHED HERETO AND MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, tosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". 1t ORDINANCE NO. 10749 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 HUTCH BRYAN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 8, BLOCK H, FLOUR BLUFF ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERALfflUSINE5S 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, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 10750 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 ?+O TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLI- CATION OF TWO-WAY LAND COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 11.20 ACRE TRACT OF LAND OUT OF LOTS 6, 7 AND 8, SECTION 56, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND B-4" GENERAL BUSINESS DISTRICT TO "T-1" MOBILE HOME SUBDIVISION; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL,PRDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell voted "Nay". • Minutes Regular Council Meeting March 15, 1972 Page 9 ORDINANCE NO. 10751 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUSCHR'1STI 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 DR. JACK MCKEMIE BY GRANTING A SPECIAL USE PERMIT FOR A TWOS STORY MEDICAL OFFICE BUILDING FOR PEDIATRIQ CENTER ON LOT B, TRACT NO. 2, HOSPITAL TRACTS SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND FILED FOR RECORD IN VOL. 32, PAGE 71, NUECES COUNTY MAP RECORDS, SUBJECT TO THE PLAN, APPROVED BY THE PLANNING COMMISSION, ATTACHED HERETO AND MADE A PART HEREOF; 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, Lozano and Stark, present and voting "Aye". _ ... ORDINANCE NO. 10752 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BROOKS- FERGUSON AND ASSOCIATES FOR THE PROPER PLANNING AND CONTROL FOR SUCCESFUL DEVELOPMENT OF THE CORPUS CHRISTI LAW ENFORCEMENT INFORMATION SYSTEM IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A", INCORPORATED HEREIN BY REFERENCE THE SAME AS IF WRITTEN 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, Lozano and Stork, present and voting "Aye" - Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. W. H. Stahl, 4901 Kostoryz, appeared stating that in 1967 he was given business zoning on a portion of his property located at the corner of Kostoryz and McArdle; that with this rezoning his taxes were increased; that several years later he discovered that this rezoning had reverted back to residential zoning; that he had inquired at the tax office for the assessment figures before and after rezoning of properties owned by H. E. Butt, Roy Smith, E. G. Horne and Ray Peterson, to determine if they had received the same treatment, and that he had not been able to get this information. He filed his statement in writing with thei City Secretary. (Petition 02-72) Mayor Sizemore stated that he would personally see to it that Mr. Stahl got the information from the tax office he requested. • • Minutes Regular Council Meeting March 15, 1972 Page 10 Following a brief recess, Mayor Sizemore reconvened the meeting at 3:30 p.m. and announced the'scheduled public hearings on six zoning cases. City Manager Townsend presented Application #1271-12, Tim Clower (Woodlawn Shopping Center), for change of zoning from "R -1B" One -family Dwelling District, "R-2" Two Family Dwelling District, and a Special Permit (Woodlawn Shopping Center) to "B-4" General Business District, on all of Lots 4, 5, 6, 7, 8, and a portion of Lots 9, 10, 11, 12, 13, 14 and 15, Wood - lawn Addition, located in the 3700 Block of Leopard Street. He explained that the request was heord by the Planning Commission on December 14, 1971, and forwarded to the Council with the recommendation that the request be denied but in lieu thereof an amendment to the existing Special Permit be made subject to the Commission approving the location and size of the additional sign at the eastern corner of this tract and the raising of the existing sign to 20 feet, which site plan was approved by the Commission February 15, 1972. He stated the Staff concurred in this recommendation, No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application #1271-12, Tim Clower, for change of zoning from "R -1B" One -family Dwelling District, "R-2" Two-family Dwelling District, and a Special Permit (Woodlawn Shopping Center) to "B-4" General Blziness District, on all of Lots 4, 5, 6, 7, 8 and a portion of Lots 9, 10, 11, 12; 13, 14 and 15, Woodlawn Addition, be denied, but in lieu thereof an amendment to the 4isting Special Permit be mode subject to the plan approved by the Planning Commission for the location and size of the additional sign at the eastern corner of this tract and the raising of the existing sign to 20 feet, and than an ordinance be brought forward effectuating the amendment to the Special Permit. Mayor Sizemore presented Application #4272-1, City of Corpus Christi, for change of zoning from "1-2"Light Industrial District to "R -1B" One -family Dwelling District, on all of Lots in Lee Ann Estates, located in the 3900 Block of Prescott Street and extending east to the Crosstown Expressway; and from "1-2" Light Industrial District to "A-1" Apartment House District on a triangular portion of Section G, Paisley Subdivision out of the Hoffman Tract, located in the • • Minutes Regular Council Meeting March 15, 1972 Page 11 3800 Block of Prescott Street. He explained that the request was heard by the Planning Commission February 8, 1972, and forwarded to the Council with the recommendation that the portion of the application for "R -1B" One -family Dwelling District be approved, and that the request for "A-1" Apartment House District on the triangular portion of Section G, be denied and in lieu "B-1" Nei6lnborhood Business District be approved. He pointed out that this is a basic example of wrong zoning; that the residents in this established residential area have not been convinced that under the present zoning some very undesirable uses would be permitted; that they are not aware of the problems which exist; and the predominant feeling among the residents is that they need to contintje with the "1-2" zoning. He pointed out the location and explained that the triangular tract was cut off by the Expressway, and a new land use was not adopted after the Expressway was constructed; that it is being occupied by a large outdoor advertising sign with the remaining portion vacant. He further pointed out that when Prescott Street is improved, the properties will be assessed as "1-2" if not rezoned. He stated the 20% rule is in effect. Mr. Allen V. Davis, attorney representing the American Bottling Company, owner of the triangular tract, spoke in opposition to the recommendation of the Planning Commission, stating that the tract was purchased in 1947 along with other property located across the Expressway, and at that time they relied on the fact that it was zoned for light industry. He stated that the property was zoned "I-2" when the houses in the area were built, and the property owners had acquired the property knowing that it was zoned for light industry. He pointedoutthat there have been previous requests initiated by the City to rezone this area, the last of which was in 1969, and that it was ruled that the zoning should remain industrial; that a large percentage of the -property owners had appeared in opposition at that time, and that their opinions have not changed; that many of them had not appeared at the Commission hearing or the hearing today because they had not been notified, and no one had appeared at the Commission hearing in favor and two had indicated by letter that they were in favor. He stated that the Expressway has brought about changes, but certainly those changes have not made that area more desirable for single-family residences or neighborhood business uses. He stated that the residents do not lack the mental ability to understand the "1-2" zoning uses, but still do not want the zoning changed. • • Minutes RegularCouncil Meeting March 15, 1972 Page 12 City Manager Townsend explained the City's new policy for nofication of the hearings before the Council. He stated he had not intended to imply that these residents were not intelligent people, but that they do not appreciate what the City is trying to accomplish, and unfortunately the Staff has been unable to get the message across to them. Mr.,:,Ddvis stated that the Staff did get the message across to the residents, but they still do not want the zoning changed. He stated the American Bottling Company has no definite plans at this time for the use of the property, but stated there are many logical uses for the property. He pointed out that some of the land had been lost for right-of-way, and that if built upon, more feet would be used for setbacks which would reduce the size considerably. Mr. Henry 5. Brulloths, 2245 Andrews, spoke in opposition to the recommendatipn of the Planning Commission, stating that a petition had been presented to the Planning Commission signed by most everyone in the neighborhood in opposition to the proposed change. He stated they definitely want it to remain as now zoned. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Gonzales, seconded by Lozano, Sizemore and Stark voting "Aye", that the recommendation of the Planning Commission be concurred in and that Application #C272-1, City of Corpus Christi for change of zoning from "1-2" Light industrial District to "R -1B" One -family Dwelling District, on all of Lots in Lee Ann Estates; and from "1-2" Light Industrial District to "A-1" Apartment House District on a triangular portion of Section G, Paisley Subdivision out of the Hoffman Tract, be approved. Bosquez, Bonniwell and Branch voted "Nay", and Mayor Sizemore declared the motion failed for lack of affirmative votes, and that the zoning remains unchanged. City Manager Townsend presented Application #C272-2, City of Corpus Christi for change of zoning from "1-2" Light Industrial District to "B-4" General Business District on a7.0 -acre tract of land at the southeast corner of Holly and Everhart Roads, being a portion of Blocks A and B and all of Block D, Country Club Village. He explained that the request was heard by the Planning Commission February 8, 1972, and forwarded to the Council with the recommendation that it be approved. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. • • Minutes Regular Council Meeting March 15, 1972 Page 13 Motion by Bonniwell, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application #C272-2, City of Corpus Christi, for change of zoning from "1-2" Light Industrial District to "B-4" General Business District on a 7.0 - acre tract of land at the southeast corner of Holly and Everhart Roads, beinga portion of Blocks A and B and all of Block D, Country Club Village, be approved as requested, and that an ordinance be brought forward effectuating the change. Planning Director William Anderson presented Application #C272-4, City of Corpus Christi, for d,ange of zoning from "R-18" One -family Dwelling District to "A-1" Apartment House District on all of Lots 1, 2, 6 and the north 1/2 of Lots 10 and 11, Lyles Subdivision, save and except the now zoned "B-1" (150' x 160') out of the northeast corner of Lot 1, located on the southwest corner of Greenwood Drive and Horne Road. He stated that the request was heard by the Planning Commission February 8, 1972, and forwarded to the Council with -the recommendation that it be denied on the basis that it is premature and the time is not right for a more intense residential use in this area. He pointed out th6 location of the property on the map, and stated that the request was made because it was felt that there was a need for apartments and to complete the land use pattern, but after much discussion and testimony at the hearing, the Commission felt there was enough high density use already in the area and recommended against it. City Manager Townsend commented that the word "premature" has no place in discussions of zoning; that a zoning plan is supposed to be the best analysis of what land use should be. No one appeared in opposition to the recommendation of the Planning Commissipn. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Branch, seconded by Bonniwel I and passed, that the recommendation of the Planning Commission be concurred in and that Application #C272-4, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on all of Lots 1, 2, 6 and the north 1/2 of Lots 10 and 11, Lyles Subdivision, save and except the now zoned "B-1" (150'x160') out of the northeast corner of Lot 1, located on the southwest corner of Greenwood Drive and Horne Road, be denied. • • Minutes RegularCouncil Meeting March 15, 1972 Page 14 City Manager Townsend presented Application #C272-5, City of Corpus Christi, for change of zoning from "1-2" I.;ight Industrial District to "B-4" General Business District on all of Block C, Lexington Plaza, located on the southeast corner of Wilkinson Drive and south of Padre Island Drive. He stated the request was heard by the Planning Commission February 8, 1972, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "B-4" zoning to the east and west of this tract. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Branch and passed, that the hewing be closed. Motion by Gonzales, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that Application #C272-5, City of Corpus Christi, for change of zoning from "1-2" Light Industrial District to "13-4" General Business District on all of Block C, Lexington Plaza, be approved as requested and that an ordinance be brought forward effectuating the change. Senior City Planner Larry Wenger presented Application #0272-6, The Planning Commission, for change of zoning as follows: (1) From "R-16" One -family Dwelling District to "A-1" Apartment House District on Lots 3 thru 11, Block 6, Del Mar Addition; Lots 9 thru 12, Block B, W. Leslie Evans Addition; (2) From "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lots 16 thru 24, Block 6; Lots 1, 2, 5 thru 8, and 18 thru 30, Block 7, Del Mar Addition; (3) From "A-2! Apartment House District to "A-1" Apartment House District on Lot 3 and Lots 10 thru 13, Block 4, Bayfront Terrace; Lots 1 thru 6, Block. 5, Del Mar Addition; Lots 11 thru 15, Block A, W. Leslie Evans Addition; (4) From "A-1" Apartment House District to "A-2" Apartment House District on Lots 1 thru 4, Block B, Bayfront Terrace; Lots 1 thru 7, Block XI, Ocean View Addition. Mr. Wenger stated the requests were heard by the Planning Commission on February 8, 1972, and forwarded to the Council with the recommendation that they be approved on the basis of upgrading this older area of the City and preventing conditions that will further deteriorate the neighborhood. He explained that this application is the result of a recent study made by the Planning Staff at the request of the Planning Commission; stated that "AB" Professional Office District is proposed for all properties from Ayers Street south tea Co!e Street and from Santa Fe Street to a 1 • Minutes Regular Council Meeting March 15, 1972 Page 15 Zine between Second and Third Streets; "A-1" Apartment House District for properties fronting along both sides of Second Street south of Ayers Street to four lots south of Cole Street; and "A-2" Apartment House District for lots fronting on Ocean Drive east of the Spohn Hospital, with exception of two Tots, which are presently being utilized by the Hospital. He stated the Staff concurs with the recommendation of the Commission. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Stark and passed, that the hearing be closed, Motion by Bonniwell, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application /C272-6, The Planning Commission, for change of zoning on all properties located between Santa Fe Street and Ocean Drive beginning 160' north of Del Mar Boulevard and south of Elizabeth Street, be approved as requested, and that an ordinance be brought forward effectuating the change. David Bright, a Sixth grade student at Menger Elementary School, appeared and presented a petition to the Council containing 364 names in protest of the inhumane treatment of orphaned animals at the City Shelter, and requesting that the Dog Leash Law be enforced. David was accompanied by Dora DeLeon, Terri Herrington and Paul Mueller,all representing Room 7, of the Sixth Grade Class. (Petition /3-72) Mr..John Pidgon appeared stating that he was a representative of NORMAL (National Organization for Reform of Marijuana Laws) and complained the BAP ("Bust A Pusher") program sponsored by a local radio station was responsible for the death of at least one person. He stated that evidence had been presented to the Council on other occasions and they were awaiting their answer. Mayor Sizemore explained that the Council has not had an opportunity to study the inform- ation which has been brought to them, and pointed out the many other pressing matters which have consumed their time. City Manager Townsend stated there has been no evidence presented to this Council of names of persons or officers involved in the allegation, and urged Mr. Pidgon to produce this information if it is available. He stated the mortuary records do not reflect that any deaths of persons have been attributed to this cause. He stated there have been two possible deaths where 1 • Minutes Regular Council Meeting March 15, 1972 Page 16 an over dose of drugs were involved, and that both of these are being very carefully investigated to determine if either have any relationship to either the BAP or TIP programs. Mr. Pidgon stated he was prepared to testify in connection with one person whose death he claimed was attributed to these programs. He urged the Council to set a date and place when discussions could be held in regard to these problems. Mayor Sizemore advised Mr. Pidgon that the matter is not forgotten and will be scheduled for discussions as soon as possible. There being no further business to come before the Council, the meeting was adjourised at 4:45 p.m., March 15, 1972.