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HomeMy WebLinkAboutMinutes City Council - 05/17/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 17, 1972 2:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend. Assistant City Attorney Hal George Assistant City Attorney Jim McKibben City Secretary T. Ray Kring • Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was a moment of silent prayer dedicated to the late Benjamin Eshleman, Jr., lead by Mayor Pro Tem Bonniwell, City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Bonniwell and passed, that the absence of Commissioner Branch be excused for cause. The Minutes of the Regular Council Meeting of May 3, 1972, were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations relative to the following: SAFETY PATROL WEEK, May 22 through 27, 1972; FRIENDLY TEXAN WEEK, May 21 through 27, 1972; and REALTOR WEEK, May 21 through 27, 1972, The Council noted with deep remorse the passing of one of South Texas' leading citizens, Benjamin Eshleman, Jr. who passed away Saturday, May 13, 1972, and that his less will be felt by this City as well as all those communities in South Texas where he was so active. Mayor Sizemore announced the public hearing for the closing of the street dedication located along the west boundary line of Airline Road abutting Lot 1 of a resubdivision of the west 1/2 of Lot 26, and a portion of Lot 26, Section 13, Flour Bluff & Encino' Farm & Garden Tracts, being 20 feet wide and running 914.72 feet on Airline. City Manager Townsend pointed out the location of the street on the map stating that the proposal had been circulated through the affected City Departments and that it had not been the unanimous opinion that the area should be closed. He explained that the Master Street Plan calls for 80 feet of right of way on Airline Road, and that if right-of-way is taken from both sides of the street when the other side is platted, this will become excess right-of-way. He stated that the • Minutes Regular Council Meeting May 17, 1972 Page 2 Engineering Department did not recommend that the City abandon any right-of-way on Airline Road until it has been determined that it is not needed for future widening, and that it is premature that the City give back right-of-way before final construction plans on any major thoroughfare have been completed. Mr. Townsend stated he had serious reservations relative to the other one- half of the street, and agreed with the recommendation of the Director of Engineering Services. He pointed out there is a risk that the large vacant property on the other side of Airline could be developed into one single use and that in that instance the City would not have the required right- of-way for Airline. Mr. Tim Clower spoke in support of the request on behalf of the owners of the property, Great Western Corporation. He explained that they are planning to construct a fence along the outside line of the 20 -foot strip proposed to be closed, and if the strip of right-of-way is left open it would have to be maintained by the owner. He stated they would like to have the matter resolved before the standard screening fence is constructed. Mr. Townsend explained that 80 feet of right-of-way is needed for Airline, twenty feet off of each side, and that it should be an even distance from the center line; that at present time there is 80 feet of right-of-way but there is 20 feet ort one side and 60 feet on the other, and that the City has no objection to the applicant constructing the fence as described by Mr. Clower. Mayor Pro Tem Bonniwell noted that once right-of-way is given, it is not always easy to get it back and that in some instances it has to be bought. He suggested that a revocable fence easement be granted and when the property on the other side of Airline is platted and right-of-way dedicated, the owners could then request the closing of the subject area. No one appeared in opposition to the foregoing request. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the foregoing request be tabled for further consideration of a revocable fence easement. City Manager Townsend presented for the Council's consideration the following ordinance: • • Minutes Regular Council Meeting May 17, 1972 Page 3 ORDINANCE NO. 10856 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 DRS. N. H. MORGAN & G. F. CLARK BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 7 AND 8, BLOCK 1, ALAMEDA PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB"PROFESSIONAL OFFICE 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, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. Mayor Sizemore called for the City Manager's Reports. City Manager Townsend explained that the items identified on the agenda as "m" relative to the closing of the public hearing on street assessments for the Airport Park Subdivision anc! Moravian Drive, and "n" for authorizing execution of a contract for construction of the abovenamed street improvements, are being withdrawn in view of the difficulty of coordinating with HUD and deter- mination of this agency's participation in the project. He stated that the assessment standards pertaining to the Sacky and Hygeia should be determined so that the two areas could be handled in the same manner. He presented the following requests and recommendations: a. That a contract be awarded for one Trailer Mounted Air Compressor for the Sewer Division to Girard Machinery & Supply Company of Corpus Christi for their low bid including trade-in of $4,103.00. Bids were received from six firms. (Bid Tabulation #6-72) b. That Parcels Nos. 7 & 8 of right-of-way on the Baldwin -Staples Project TOPICS Program be purchased from owners, Annie Lee Gross and Phil T. Harris, which right of way is needed for the construction of sidewalks along the south side of Staples. The project will be jointly constructed by the City and the State Highway Department under the TOPICS Program, and an appropriation in the amount of $310.00 be approved. c. That the authority to receive bids at 11:00 a.m., June 6, 1972, for equipment rental for cleaning and rebuilding drainage ditches damages by Hurricane Fern, be granted. This is the last Fern repair and was to have been done with City equipment, but City Forces have not been able to get this portion of the work done. • Minutes Regular Council Meeting May 17, 1972 Page 4 d. That the purchase of Parcel No. 16, Lot 15, Block 3, Hidalgo Addition, be authorized, and that an appropriation of $4,378.50, including $128.50 for closing costs and $4,250 for acquisition, be approved. e. That the bids received on May 3, 1972, on the Pine and Pueblo Park Improvements and T. C. Ayers Parking Lot Improvements, be rejected, and that the scope of work be changed so that work could be bid by general contractors, as well as irrigation, and landscaping contractors as follows: (1) General work to include concrete, 'grading, playground, and paving; (2) irrigation system; (3) seeding and landscaping; that this work be combined with similar work on Lexington Park and bids be received on this basis on June 7, 1972. Bids were to have been received on Lexington Park on May 31, 1972, as authorized on May 10, 1972. f. That the plans and specifications for construction of the Police Division Impounded Vehicle Storage Area be approved and bids be received on June 7. The plans propose the paving of Lots 8 through 14 on Massey Street and also the construction of a chain link fence on three sides and a composite screening Fence along the north side. g. That bids be received on June 14, 1972, for the extension of storm sewers in the Garden - dale area, plans having been approved by the Department of Housing and Urban Development. Construction during the summer should minimize inconvenience to those going to Moore School. h. That the authority to receive bids on the Clarkwood, San Juan, and McNorton area sanitary sewer extensions on June 14, 1972, be granted, the plans having been approved by the Department of Housing and Urban Development; estimated cost is available in their 1972 Budget; and approval of E.P.A. participation in the lift station and force main contract being anticipated in the near future. i. That a public hearing beheld on May 31, 1972, on the annexation of Clarkwood Road and the Buccaneer Mobile Home Park site, proposed Lot 2, Block 1, South Clarkwood Acres. A hearing was held for the annexation of this tract on May 3, 1972, but the description failed to include a portion of Clarkwood Road. j. That the authority to receive bids at 11:00 a.m., June 6, 1972, for Trailer Mounted, 30 Cu. Yd., Tractor Fed Soil Shredder for the Park Division, be granted. • Minutes Regular Counci I Meeting May 17, 1972 Page 5 k. That the City accept the offer of John B. Russo to purchase surplus City property - Lot 1, Block 121, Beach Portion on Hughes Street for $400.00. Mr. Russo's bid was the only bid received; the lot was acquired at Sheriff's Second Delinquent Tax Sale on December 9, 1969, for $75.00; Bill Roberts appraised the lot at market value of $300.00. I. That the plans and specifications for the construction of street improvements for Richter Street, from Padre Island Drive to past Sokol Drive; Sokol Drive, from Richter to Kostoryz; Milo, Johanna, and Sacky, from Richter to Ayers; and Hygeia, from Ayers to Municipal Service Center, be approved and that bids be received on June 7. Many owners in this area have requested through petitions that these streets be paved. Improvements will include curb, gutter, sidewalk and driveways. m. (Withdrawn - re closing public hearing on Airport Park and Moravian Drive Street assessments) n. (Withdrawn - re execution of a contract for construction of Street Improvements in Airport Park Subdivision and Moravian Drive) o. That the request of Mr. James R. Sorrell, for Mr. Jack Mitchell, to allow the -extension at the applicant's cost of the sewer force main from the 116 unit apartment house to the West Side Sewage Treatment Plant, be approved and that steps to accomplish the annexation be initiated; also that the Staff be authorized to negotiate with the owners of the balance of Cuddihy Field and attempt to accomplish the elimination of the Cuddihy Treatment Plant with the understanding that the properties now sewered by Cuddihy Field can continue to receive sewer service without annexation except for the 116 unit apartment House. (See subsequent action re this recommendation) p. That the City Manager be authorized to execute a Grant Agreement with the Department of Housing and Urban Development for drainage improvements in the Starlite Lane area and the Kostoryz Road area. The Grant is for 50% of the eligible cost and is estimated to be $250,000. q. That Mr. Frank Booth, attorney at law, be retained to assist in the preparation of the City's presentation to the Texas Water Rights Commission regarding the R & M Project. r. That the request of Mr. Mark Bratton for water service to Nottarb Place #2 be approved, with the contractual understanding that he will annex Nottarb Place #3 and deed restrict Nottarb Place #2 to require compliance with all City building regulatory codes and authorize City inspection to assure code compliance; also recommended that his request to delete sidewalks with the owners to build the streets 37 feet back of curb to back of curb with 8 inches of caliche base and 6" L-shaped curbs, be approved. (See subsequent motion) • • Minutes Regular Council Meeting May 17, 1972 Page 6 Mr. Mark Bratton appeared relative to Item "r" and inquired if the Nottarb Place #2 could be annexed as "1-2" Light Industrial District. He was questioned if he would still be agreeable to annexation if a public hearing were held by the Planning Commission and something other than "1-2" were recommended. Mr. Bratton stated he had not taken that into consideration, but that -he is ready to annex the property by contractual agreement with the City, and that the property will be platted. He inquired if he would be permitted to start construction on Unit #3 before annexation. He explained that they are not now using the City drainage facilities, are observing building lines, and paying City sales taxes. He stated that the annexation of the property may be false economy on the part of the City and that it may cost more than the City would realize. City Manager Townsend stated he would amend the first part of his recommendation as follows: That the request of Mr. Mark Bratton for water service to Nottarb Place #2 be approved with the contractualunderstanding that he will proceed with the necessary steps to annex Nottarb Place #3, and at this time deed restrict Nottarb Unit #2 to require compliance with all City building regulatory codes and authorize City inspection to assure code compliance. Mr. Bratton stated the City Manager's amended recommendation was acceptable. Motion by Stark, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "r", Items "m" and "n" withdrawn, "o" temporarily deferred, and "r" as amended, be approved, and that the requests and recommendations be granted and approved as presented. City Manager Townsend presented the pending item relative to requesting the Texas Water Quality Board to issue a control order around Lake Corps Chr°sti, Nueces River and Wesley Seale Dam. He explained that the original proposed resolution included a draft control order which would have been a suggestion to the Texas Water Quality Board; that since the Water Quality Board has to hold a public hearing to determine what should be included in the actual control order, it is recom- mended that the draft control order be deleted from the resolution. He explained that the resulting resolution will ask the Texas Water Quality Board to issue a control order establishing control and supervision around Lake Corpus Christi and along the Nueces River below the dam and designate the City of Corpus Christi as a policing agent for the Board; that there is no limit as to the number of agencies that the Board may designate as policing agencies; that this resolution should be submitted to the Water Quality Bcard before their next meeting and thus it is recommended that it be passed. • • Minutes Regular Council Meeting May 17, 1972 Page 7 Motion by Stark, seconded by Bosquez and passed, that the foregoing recommendation of the City Manager be approved, and that the resolution be brought forward on a three reading basis. City Manager Townsend presented the pending matter of zoning Application of Raymond N. Sims for change of zoning from "R -1B" to "T-1" on 10.271 acres in Flour Bluff on Waldron Road, on which a public hearing was held April 10, 1972, and recommendation from the Planning Commission that it be approved. Mr. Townsend stated Mr. Sims had agreed to a deed restriction prohibiting the dividing into two or more lots without the consent of the City, and that this document has been fi led. Motion by Stark, seconded by Lozano and passed, that an ordinance be brought forward changing the zoning from "R-18" One -family Dwelling District to "T-1" Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision District on a 10.271 -acre portion of Lots 24 and 25, Section 55, Flour Bluff & Encina) Farm & Garden Tracts, on application of Raymond Sims. ORDINANCE NO. 10857 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR OPERATION OF THE CITY CAR POUND WITH R. C. WRECKER SERVICE IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A", WHICH IS MADE A PART HEREOF THE SAME AS IF WRITTEN HEREIN. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. SECOND READING OF AN ORDINANCE AMENDING THE AIRPORT LIMOUSINE CONCESSION CONTRACT GRANTED BY ORDINANCE NO. 10162, PASSED AND APPROVED ON MARCH 17, 1971, SO AS TO CHANGE PARAGRAPH II AS APPLIES TO THE AREA COVERED BY ZONE 1; BY CHANGING THE RATE TO BE CHARGED FROM ZONE 2 EAST; BY CHANGING THE RATE TO BE CHARGED FROM,ZONE 2 WEST; BY CHANGING THE RATE TO BE CHARGED FROM ZONE 3 EAST; BY CHANGING THE RATE TO BE CHARGED FROM ZONE 3 WEST; AND BY CHANGING ftARAGRAPH III SO AS TO PROVIDE THAT GRANTEE WILL PAY TO CITY 2% OF THE GROSS REVENUE DERIVED FROM THE TRANSPORTATION OF BAGGAGE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second tine and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT LEASING THE SPACE, BUILDING AND FIXTURES KNOWN AS THE ART MUSEUM BUILDING AT 902 PARK AVENUE TO THE ART COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. • • Minutes Regular Council Meeting May 17, 1972 Page 8 The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. SECOND READING OF AN ORDINANCE AMENDING SEC. 2-7, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO CHANGE THE CITY COUNCIL MEETING ON WEDNESDAY AFTEERNOON TO 3:00 P.M.; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Bronch was absent. FIRST READING OF A RESOLUTION REQUESTING THE TEXAS WATER QUALITY BOARD TO ISSUE A CONTROL ORDER ESTABLISHING CONTROL AND SUPERVISION OF SANITATION AROUND LAKE CORPUS CHRISTI AND THE NUECES RIVER BELOW WESLEY SEALE DAM TO THE CALALLEN DAM AND TO DESIGNATE THE CITY OF CORPUS CHRISTI AS POLICING AGENT. The foregoing resolution was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stork, present and voting "Aye"; Branch was absent. RESOLUTION NO. 10858 AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A GRANT AGREEMENT AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY IN CONNECTION WITH THE EXECUTION OF THE GRANT AGREEMENT WITH THE U. S. DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT FOR THE CONSTRUCTION OF STORM WATER SEWER COLLECTION FACILITIES IN THE MAYFIELD-STARLITE LANE THE KOSTORYZ ROAD AREAS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PROJECT NO. WSF-TX-06-59- 1026; AND DECLARING AN EMERGENCY, The Charter RuleNwas suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwel I, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO, 10859 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FROM BETTY J. GUTIERREZ FOR THE ACQUISITION OF PARCEL NO. 16, LOT 15, BLOCK 2, HIDALGO ADDITION, OF THE POLICE STATION PARKING AREA EXPANSION PROJECT; APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3327, CODE 501, $4,378.50 OF WHICH $4,250 IS FOR THE ACQUISITION COST AND $128.50 IS -FOR CLOSING COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. • Minutes Regular Council Meeting May 17, 1972 Page 9 ORDINANCE NO. 10860 AUTHORIZING THE CITY MANAGER TO EXECUTE RIGHT-OF-WAY DEED AND DEDICATION WITH ANNIE LEE CROSS FOR ACQUISITION OF PARCEL NO. 7, AND TO EXECUTE RIGHT-OF- WAY DEED AND DEDICATION WITH PHIL T. HARRIS FOR PARCEL NO. 8, STAPLES, BALDWIN INTERSECTION IMPROVEMENTS. PROJECT NO. 220-67-94; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $310, OF WHICH AMOUNT $210 BS APPLICABLE TO PARCEL NO. 7 AND $100 IS APPLICABLE TO PARCEL NO. 8; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10861 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 POINDEXTER & WHARTON SALES CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOT 1, BLOCK 9, MOLINA ADDITION #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Lozano and Stark, present and voting "Aye"; Bonniwell and Gonzales voting "Nay"; Branch was absent. ORDINANCE NO. 10862 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE ANb RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED (AND MORE PARTICULARLY AMENDING ORDINANCE NO. 10034 PASSED AND APPROVED ON DECEMBE 1- 16, 1970), UPON APPLICATION OF POINDEXTER & WHARTON SALES CORPORATION, BY AMENDING THE SPECIAL PERMIT HERETOFORE GRANTED BY ORDINANCE NO. 10034 FOR THE OPERATION OF A DRIVE-IN GROCERY WITH GASOLINE PUMPS, SO AS TO ALSO INCLUDE THE INSTALLATION AND OPERA- TION OF A COIN-OPERATED LAUNDROMAT ON LOTS 11, 12 AND 13, BLOCK_ B, DIAZ ADDITION LOCATED IN THE 500 BLOCK OF WINNEBAGO STREET SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, ATTACHED HERETO; KEEPING IN EFFECT ALL OTHER PRO- VISIONS 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, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. • Minutes Regular Council Meeting May 17, 1972 Page 10 ORDINANCE NO. 10863 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 APPLI- CATION OF RAYMOND N. SIMS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 10.271 -ACRE PORTION OF LOTS 24 AND 25, SECTION 55, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" SINGLE-FAMILY DWELLING DISTRICT TO "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK AND MOBILE HOME SUBDIVISION ZONING 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, Bosquez, 'Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell voting "Nay"; Branch was absent. ORDINANCE NO. 10864 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, €T SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY DELETING THE WORDING "PROPOSED AS COUNTRY CLUB ESTATES" AND ADDING A NEW SUBSECTION, TO BE NUMBERED 31-5.07, SETTING FORTH A ZONING CLASSIFICATION ON A DESCRIBED TRACT OF LAND WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10865 AUTHORIZING THE DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CENTRAL POWER AND LIGHT COMPANY, A TRUE COPY OF WHICK IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, IN- CLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND, CONSISTING OF 20.91 ACRES, MORE OR LESS, AND INCLUDES LOT 7, SECTION 20, AND A PORTION OF LOT 26,SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, ALL AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting May 17, 1972 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, pre<s.ent and voting "Aye'; Branch was absent. RESOLUTION NO. 10866 RESOLUTION EXTENDING SYMPATHY OF THE ENTIRE CITIZENRY OF CORPUS CHRISTI TO THE FAMILY OF BENJAMIN ESHLEMAN, JRo,. ONE OF THE CITY'S FOREMOST CIVIC LEADERS, WHO PASSED AWAY ON MAY 13, 1972; EXPRESSING GRATITUDE AND APPRECfATION FOR THE MANY YEARS OF DEVOTED,CONSCIENTIOUS, EFFICIENT AND FRUITFUL SERVICE BENJAMIN ESHLEMAN, JR., RENDERED TO THE CITY; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the fcregoing sesok;tion was paced by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,, present and voting "Aye"; Branch was absent. • Minutes Regular Council Meeting May 17, 1972 Page 12 Mayor Pro Tem Bonniwell resumed the Chair in the temporary absence of Mayor Sizemore and announced the public hearing scheduled for 3:00 p.m. on Gollihar Road Improvements from Caddo to Airline Road, City Manager Townsend explained the purpose of the hearing was to comply with the statutes regarding paving assessments and explained the procedure to be followed. He stated that the Director of Engineering Services will present the plans and specifications of the project, and that Assistant City Attorney Jim McKibben will conduct the hearing. Mr. McKibben stated that testimony will be heard from the Director of Engineering Services, and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the assessment roll, and that this hearing is to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Director of Engineering Services James K. Lontos was interrogated as to his occupation, time of residence in the City; formal qualifications and familiarity with the subject project. He presented the plans and specifications for the pro- posed improvements, explained the nature and extent, and pointed out the location by lots and blocks on the map. He stated that the project includes minor storm sewer adjustments, the standard 6 -inch curb and gutter sections, reinforced concrete sidewalks varying in width from six feet along schools to the normal 4 feet wide; driveways where needed and requested by property owners, and storm sewers to properly drain the streets. He explained that a small storm sewer extension is proposed in Brock Drive and Bradshaw Drive to alleviate a small drainage problem; that the plans include the extension of the concrete box at Airline and Adel Drive to Drexel; stated that the assessment rates had begin determined in accordance with the assessment policy of the City by taking the unit prices used in the low bid submitted by Burtex Constructors and applying these unit prices to the front footage of the abutting properties; that properties being used for residential purposes are being assessed the maximum rate established by ordinance which is $4.75 per linear foot; that the total cost of the construction shown on the preliminary assessment roll is $274,180.87; total estimated assessments, $41,114.83; and total cost to the City is. $233,066.04. • Minutes Regular Council Meeting May 17, 1972 Page 13 Mr. Patrick Horkin, attorney representing the Saint Pius X Catholic Church property, Lot B, Meadowbrook Unit 4, questioned the calculation of assessment rates on this property. Mayor Pro Tem Bonniwell asked Mr. Lontos to specifically explain how the rates had been calculated on the property identified as Item #27. Mr. Lontos stated the church property was assessed on the basis of the full residential rate, and that the determination was that the 5 -acre tract has a large frontage on St. Pius Drive, but that they also have access to the parking lot from Gollihar, and that this was considered as frontage because the plat does not show any side yard, and the building line is specifically classified as siding onto Gollihar. He further explained that the ordinance states that if property is deeper than 250 feet, as a matter of policy, it should be assessed as frontage. Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City of Corpus Christi, occupation, experience as an appraiser, of all types of real estate, residential, commercial, vacant and rural, his present occupation as a real estate broker, and familiarity with the subject area and project. He filed his qualifications in writing with the Council. Mr. Carr described the general area, and pointed out the various uses, both business and.residential; stated that there are no irregular shaped Lots; that he had personally examined each parcel of land and had checked each with the preliminary assessment roll, and that in his opinion each and every parcel would be enhanced in value as a result of the improve- ments at least to the extent of the assessment. Mr. Guy Winstead, owner of Lot 14, Block 8, Item J29, and Lot 15, Block 8, Item #29-A, both in Koolside Addition, stated that he does have an odd -shaped lot. He inquired as to the amount of land that would be taken from off his property for curb and gutter, and as to the location of the driveway. He complained that he had been refused a building permit to improve the property because of the shape and size of the lot, and pointed out that if any more is taken, the property would be worth- less to him; that the proposed improvements would damage the property more than it could possibly enhance it, and that if he could not build and improve the property he would not pay the assessment. • Minutes Regular Council Meeting May 1.7, 1972 Page 14 Mr. Lontos stated the Staff is having problems in the final survey of this tract; that the survey on the ground does rot agree with the plat, and there has been difficulty in verifying the corner lot size. (Mayor Sizemore reported at the meeting and resumed the Chair) City Manager Townsend explained that the Staff had met with Mr. Winstead and had not been able to verify the plat with the on -the -ground survey, but that they are in the process of tracing the records in an effort to resolve this problem. Mayor Sizemore asked Mr. Winstead if he would be satisfied with the assess- ments if he were granted a building permit, and Mr. Winstead stated he did not feel it his responsibility to hire an attorney or an appraiser, but if he could get a building permit and the City paid him for the right of way, he would be satisfied. Mr. Patrick Horkin questioned Mr. Carr if in his opinion theSaint Pius Catholic Church property would be enhanced to the same extent as other lots in Meadowbrook which abut on Gollihar, and Mr. Carr stated in his opinion this property would be enhanced more on the basis that the: Church property gets a great deal of influence from Gollihar regardless of frontage; that it is a large tract of land and in itself is a large influence in the neighborhood; that the added convenience to the parishioners would be an enhancement, and that in his opinion the improve- ments would be a definite enhancement to the property. He further pointed out that if the property should in the future be sold and ceased to be used for church purposes, its greatest influence would come from Go1l.ihar Street. Mr. Horkin com- mented that Catholic churches, as a rule, do not cease to exist as Catholic churches, to which Mr. Carr agreed, but stated his opinion was unchanged that the property would be enhanced at least in the amount of the assessment, and that its public benefit would be of benefit to the users of the Church. Mrs. Guy Winstead, 917 Airline Road, asked Mr. Carr to state a value per square foot on her property identified as Items #29 and #29A, and City Manager Townsend advised that Mr. Carr's assignment is only to determine if property so assessed would be enhanced at least to the amount of the assessment. Mayor Sizemore invited those in the audience whose properties appear on the preliminary assessment rollto state their objections, if any, to the assessments. Mr. Horkin, speaking on behalf of the St. Pius Catholic X Church, Item #27, opposed the assessments on Lot B, Meadowbrook Unit 4, on the basis that the prop- erty fronts on St. Pius Drive, and that the Paving Coordinator has prepared an • Minutes REgular Council Meeting May 17, 1972 Page 15 assessment rate on the basis of the church property fronting on Gollihar Road. He stated he feels that according to the City ordinance, the Church is legally obliged to pay only 50% of the rate for sidewalks, curb and gutter, and 100% of the cost of the single driveway entering the property from Gollihar Road, and that this resolves itself to a point of law, Mr. Horkin filed his comments in writing for official record. Mr. Curtis Haley, Item #2, Lot 22, Block 7, Windsor Park Unit 1, spoke in opposition to the project in general but more specifically was opposed to the sidewalks. He stated he does not feel these improvements are needed; that his property is for rental purposes, and that the sidewalks would not benefit anyone. Mr. Roland G. Walker, Item #16, Lot 16, Block 7, Meadowbrook Unit 3, stated he did not oppose the improvement project, but raised the question of park- ing regulations around King High School during school hours. Mr. Lontos explained that no parking would be allowed on the street with the exception of along the school for loading and unloading; explained the extra width in front of the school for this purpose, stating that parking would only be allowed on one side of the street at this point. Mr. Winstead complained that he will be deprived of parking which will further damage his property; that he owned rhe ground before it was platted; and that he had originally donated the right of way and had not been paid for it. No one else appeared to be heard in connection with the proposed street improvements. Motion by Stark, seconded by Bosquez and passed, that the hearing be closed, Motion by Bonniwell, seconded by Lozano and passed, that approval of assessments for Gollihar Road Improvements from Caddo to Airline Road, be deferred for further consideration pending a legal determination of whether or not the Saint Pius X Catholic Church Property, Item #27, sides or fronts on Gollihar. Mayor Sizemore announced the scheduled public hearings at 330 p.m. on five zoning applications, and explained the procedure to be followed. City Manager Townsend presented Application #C472-2, The Planning Commis- sion, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a portion of Lot 3, Oso Farm Tracts (Herman Waters Tract) fronting 445 feet along the west side of Everhart Road, south of South Minutes Regular Council Meeting May 17, 1972 Page 16 Padre Island Drive, having a depth of 160 feet. He explained that the request was heard by the Planning Commission April 4, 1972, and forwarded to the Council with the recommendation that the "B-4" zoning be approved as a logical extension of the "B-4" zoning to the west; that the Planning Staff did not fully concur in this recommendation based on prior recommendations of the Commission on cases initiated by them and the Staff, pointing out that this tract should be zoned "AB" like the area now existing immediately to the east across Everhart. No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales and passed, Bonniwell voting "Nay" and Sizemore disqualifying himself, that the recommendation of the Planning Com- mission be concurred in and that Application #C472-2, The Planning Commission, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a portion of Lot 3, Oso Farm Tracts (Herman Waters Tract) fronting 445 feet along the west side of Everhart Road, south of South Padre Island Drive, having a depth of 160 feet, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #C472-3, The Planning Com- mission, for change of zoning from "R -1B" One -family Dwelling District to 'B-4" General Business District, on portions of Lots 10 through 15, Section 3, Flour Bluff & Encinal Farm & Garden Tracts, and containing approximately 86 acres. He explained that the request was heard by the Planning Commission April 11, 1972, and forwarded to the Council with the recommendation that it be approved as a logi- cal use for this property as well as a logical extension of the "8-4" zoning district in this area; that the Staff was of the opinion that there is a consider- able amount of "B-4" zoning within this area, and until there is a need for addi- tional "B-4" zoning, this property should not be zoned a blanket "B-4" until a use proposal is submitted. No one appeared in opposition to the recommendation of the Planning Com- mission. • Minutes Regular Council Meeting May 17, 1972 Page 17 Motion by Lozano, seconded by Stark and passed, that the hearing be closed. Motion by Lozano, seconded by Stark and passed, with Bonniwell voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application jC472-3, The Planning Commission, for change of zoning from "R -1B" One - family Dwelling District to "B-4" General Business District, on portions of Lots 10 through 15, Section 3, Flour Bluff & Encinal Farm & Garden Tracts, and contain- ing approximately 86 acres, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #472-5, Generosa Vasquez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lot 15, Block 1, Casa Blanca Subdivision. He explained that the request was heard by the Planning Commission April 11, 1972, and forwarded to the Council with the recommendation that. it be approved as a logical use for this property, and that this recommendation was concurred in by the Planning Staff. No one appeared at this time in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Bosquez and passed, that the hearing be closed. Motion by Lozano, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #472-5, Generosa Vasquez, be approved as requested. Mrs. Frank Greer, 3105 Greenwood, appeared after the hearing was closed in opposition to the foregoing request and stated that she did not receive notice of the Planning Commission hearing and had requested that she be notified of the hearing before the Council. The foregoing motions to close the hearing and approve the zoning were withdrawn. Motion by Stark, seconded by Bosquez and passed, that the hearing be re -opened. Senior Planner Larry Wenger located the property on the map and described the zoning and various uses in the area, stating that the majority of the properties are single -family -with several neighborhood businesses on Greenwood at Tarlton and Dunbar. • • Minutes Regular Council Meeting May 17, 1972 Page 18 Mrs, Greer presented a petition signed by area residents in opposition to the rezoning, stating they do not want any more business in this area; that there is a "beer joint" across the street from her now and the noise from its patrons and the juke box is creating an unbearable nuisance to the neighbors. She complained that this business was originally supposed to be a corner grocery store which they all approved but that it had turned into a "honky tonk". Mr. Tim Clower of the Clower Real Estate. Company, spoke on behalf of the applicant, and stated they would be willing to deed restrict the property against its use as a lounge or on -premise sale of alcoholic beverages. He explained that Susser Petroleum Company had an option to purchase this lot subject to the requested zoning for use as a service station; that his client had not been able to sell it as residential property; that it is a 50' x 96' lot and he did not believe a building permit for a residence could be obtained. Mrs. Greer was questioned if she would be agreeable to the requested change to "B-1" if the applicant agreed to deed restrict the property against the use of alcoholic beverages or a lounge, and Mrs. Greer stated the residents in this area would not be agreeable to any kind of business use. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Bosquez and passed, that the foregoing matter be tabled for further consideration. (Commissioner Bosquez departed the meeting at this time) City Manager Townsend presented Application 4372-6, Sokol, Corpus Christi, Inc., for change of zoning from "R -1.B" One -family Dwelling District to "B-4" General Business District, on a portion of Lots 5 & 6, Section 2, Bohemian Colony Lands fronting 350 feet along the east side of the 5400 Block of Kostoryz Road, and having a depth of 210 feet(approximately 1.63 acres). He explained that the request was heard by the Planning Commission April 11, 1972, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "B-4" zoning adjacent to the south and would make the existing nonconforming use conforming, and that the Planning Staff concurred in this recommendation. He explained that "B-4" General Business abuts the residential lots as a result of annexation, and that one-half of the lot is already zoned "B-4". • • Minutes Regular Council Meeting May 17, 1972 Page 19 No one appeared in opposition to the recommendation of the Planning Com- mission. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and that Application 0472-6, Sokol, Corpus Christi, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a portion of Lots 5 & 6, Section 2, Bohemian Colony Lands fronting 350 feet along the east sidee of the 5400 Block of Kostoryz Road, having a depth of 210 feet (approximately 1.63 acres), be approved as requested and that an ordinance be brought forward effectuating the change. City Manager presented Application #372-9, Browning Brothers, for change of zoning (1) "R -1B" One -family Dwelling District & "B-1" Neighborhood Business District to "B-4" General Business District on all of Lots 1 through 5, and 61 through 64, Block 1405, Merchants Addition #6; (2) from "B-1" Neighborhood Business District to "I-2" Light Industrial District, on all of Lots 6 through 9, Block 1405, Merchants Addition #6. He explained that the request was heard by the Planning Commission March 28, 1972, and forwarded to the Council with the recommendation that the "B-4" and "I-2" request be denied but in lieu thereof a Special Permit be granted according to the site plan which indicates a standard screening fence along four lots along 17th Street with no ingress or egress onto that street, and that Lots 59 through 64, Block 1405, Merchants Addition 06 be replatted into one lot. He stated the Planning Staff recommended that the entire property along 16th Street be zoned "B-4" and when the applicants reapply to the Board of Adjustment they will be able to determine the parking space requirements and that the four lots along 17th Street should not be rezoned "B-4" on the basis that it would be an intrusion of business into a residential neighborhood, Larry Wenger located the property on the map and described the various land uses and zoning classifications in the area; stated that the property fronting on 17th street is occupied with two single-family dwellings; that property facing on 16th and South Staples is presently occupied by the Browning Brothers Furniture Store and a gun shop; other properties along the north on 19th Street are business uses and to the north on 17th Street are residences as well as the properties to the west; commercial operations along both sides of South Staples Street, and • Minutes Regular Council Meeting May 17, 1972 Page 20 across South Staples to the east is all occupied by single-family dwellings. Mr. Wenger explained the site plan stating that the applicants plan to expand the exist- ing business to the north to 16th Street; that warehouse use will be on a portion of the property already zoned "B-1", and "B-4" zoning will be necessary; and described the head -in parking areas along 16th street. City Manager Townsend pointed out that head -in parking is now being used for the existing furniture business, but that he would not recommend head -in parking for the expanded or new use, and that the Planning Staff had not approved head -in parking for the expanded uses. He stated if the applicants include these additional parking spaces on the site plan, he would raise that as a serious question. Mr. Wenger explained that the parking requirements have not been met according to the expanded use; that the applicant had been before the Board of Adjustment and the request was tabled pending the outcome of this hearing; and that it is not certain if the Board of Adjustment included head -in parking. Mr. Harold Browning, attorney representing the applicant, explained that the original request had been for "I-2" zoning in one instance and following further study it was determined that the "B-4" zoning was adequate for their proposed use and that the request for "1-2" had been amended. He pointed out that the appli- cants had made concentrated efforts to amend the site plan to overcome the objections of the neighborhood and the Planning Commission, and that this was the reason the plans had been changed so many times. He pointed out that this piece of property was all purchased at the same time and they are merely seeking to expand an existing business. He stated they are satisfied with the Special Permit recommended by the Planning Commission, and that the special permit should be more satisfactory to the residents in the area because of its limitations to one use only. Mr. Ralph Bennett, architect representing the applicant presented a sketch of the subject property with photos of the surrounding businesses; described changes which had been made in the site plan; and stated these had been made because of objections from area residents. He explained that all old buildings will be removed; that set back lines will be observed; had purchased additional property to comply with the Planning Commission's recommendation that the entire tract be platted as one lot, and that this plat has been filed with the City. He stated that the head -in parking spaces had been included in the total count and that this had been understood to be acceptable. He stated the recommendation of the Planning Commission relative • Minutes Regular Council Meeting May 17, 1972 Page 21 to the standard screening fence was somewhat confusing, pointing out the lots which would justify a screening fence, but stated they would be governed by the requirements of the ordinance regarding the location of the fence. Mr. Bennett described the existing building and presented a sketch of the proposed expansion building. He stated they feel it will enhance the neighborhood and be an asset to the community. Mr. Tim Clower of Clower Real Estate spoke on behalf of Mrs. Wm. Roscoe, property owner in the area, stated that she had been opposed to the original request but that since the site plan had been amended as presented by Mr. Browning, she had withdrawn her opposition by letter, and is now in favor of the request. The effect of Mrs. Roscoe's withdrawal of opposition on the 20 percent rule was discussed, and referred to Mr. Wenger for confirmation. Mr. Jesus Garza, 2037 Seventeenth Street, spoke in opposition and presented a petition of area residents who oppose the request. He stated that some of the withdrawal of opposition had been because they had been bought out or had something to gain personally; that the owner of Lot 17 had been in opposition, but that this lot was sold. Mr. Eleazar B. Guajardo, 2046 17th Street, spoke in opposition, stating the plans had been changed so many times they do not know what is under consideration. He stated he was opposed because of the encroachment into the residential neigh- borhood, fear that taxeswouldbe increased, and increased traffic. Others appear- ing and speaking in opposition generally on the basis that it would be an encroach- ment into an established neighborhood were Mr. and Mrs. A. H. Hurst, 2025 Seven- teenth; Mrs. V. E. Crawford, 2101 Seventeenth Street; Mrs. Jesus G. Castillo, 2042 Seventeenth Street; and Mrs. Miguel B. Rios, 2038 Seventeenth Street. City Manager Townsend pointed out to the Council terms of the ordinance governing the granting of special permits, stating that a use cannot be granted in the permit higher than that applied for. Mr. Browning invited all interested persons in the neighborhood, as well as the Council, to come to the furniture store at Naples and 17th Street at 8:00 p.m., May 23, for a briefing on the plans and a detailed study of the site plan on the proposed expansion proposal. • • Minutes Regular Council Meeting May 17, 1972 Page 22 Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motion by Gonzales, seconded by Stark and passed, that Application #372-9, Browning Brothers be tabled for further consideration. ORDINANCE NO, 10867 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 THE PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 3, OSO FARM TRACTS (HERMAN WATERS TRACT) SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Bonniwell :abstaining and Branch absent. ORDINANCE NO. 10868 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 THE PLANNING COM- MISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTIONS OF LOTS 10 THROUGH 15, SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Gonzales, Lonzano, and Stark, present and voting "Aye"; Bonniwell and Branch absent. ORDINANCE NO, 10869 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 SOKOL, CORPUS CHRISTI, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 5 &6, SEC. 2, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING INEFFECT 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, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell and Branch absent. • • Minutes Regular Council Meeting May 17, 1972 Page 23 Relative to Item "o" of the City Manager's Reports which was temporarily deferred earlier in the meeting, relative to the request of Mr. James R. Sorrell (for Mr. Jack Mitchell), for sewer service and annexation, Mr. Townsend stated he is withdrawing this item for further information from the owners and that he would resubmit the item next week. A petition was presented by Mr. Bert C. Walker, 4422 Nicholson, containing 45 signatures of persons living in the 4200 through 4400 Blocks of Nicholson Street, complaining of a severe drainage problem originating in the 4400 Block of Nicholson where a manhole overflows following heavy rains resulting in a health hazard from stagnate water, mosquitoes and other harmful insects, They requested improvements in the drainage system for permanent elimination of the problem. (Petition d12-72) City Manager Townsend stated the request would be referred to the Public Works Department for investigation. There being no further business to come before the Council, the meeting was adjourned at 7:00 p.m., May 17, 1972. * * * * * Following a meeting of the Corpus Christi Municipal Gas Corporation, Mayor Sizemore announced that the Council should re -convene the Regular Meeting for the purpose of making appointments to the Water Improvement Committee. Motion by Lozano, seconded by Gonzales and passed, that the Regular Meeting be reconvened. Motion by Stark, seconded by Gonzales and passed, that the following appointed to the R & M Implementation Committee (Steering Committee): Vann Kennedy, Edwin Singer, Harvey Weil, Oscar Wyatt and Woody Jones; also for special assignment, Ed Harte and Hayden Head. There being no further business to come before the Council, the meeting was adjourned.