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HomeMy WebLinkAboutMinutes City Council - 09/27/1972PRESENT: Mayor Ronnie Sizemore Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 27, 1972 3:00 P.M. 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 Hall. The Invocation was given by Rabbi Arthur Morgenstern of Bnai Israel Synagogue. City Secretary T. Ray Kring called the roll of those in attendance, Motion by Gonzales, seconded by Branch and passed, that the absence of Mayor Pro Tem Bpnniwell be excused for just cause. The Minutes of the Regular Meeting of September 13, 1972, at 3;00 p.m.,. and of the Special Meeting of September 13, 1972, at 4:30 p.m., were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations relative to the following: PTA MEMBERSHIP MONTH, October, 1972; JUNIOR LEAGUE WEEK, October 1, through 7, 1972; and 4-H CLUB WEEK, October 1 through 7, 1972, Mayor Sizemore called for the City Manager's Reports. Motion by Stark, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "m" be accepted, and that the requests and recommenda- tions be granted and approved as follows: a, That the date of October 18, 1972, 4:00 p.m., Special Meeting, be set for a public hearing or, the fol'.owing zoning applications: (1) The Planning Commission - "R -1B" to "B-1", located along the west side in the 4300 Block of Kostoryz, north and south of Horne Road. (2) The Planning Commission - "A-2" to "I-2", located on the west side in the 1100 and 1200 Blocks of 25th Street, north of Morgan Avenue. (3) David E. May - Tract A - "R-18" to "l-3", and Tract B - "R -1B" to 'T -i", located on the northeast corner of Green Bay Drive and Matlock Street. (4) Beulah Mahan Baker & Thelma Baker Smith - Tract A - from "R-18" to "A-1" and Tract B - from "R -1B" to "R-2", located on the west side of Nile Drive, north of Sahara Drive, • Minutes Regular Council Meeting September 27, 1972 Page 2 (5) Roosevelt Martinez - from "R -1B" to "AB", located on the southeast corner of Marie and Gollihar toad, (6) Cecil Addkinson - from "F -R" to "I-2", located on the east side of Lokey Street south of Holly Road. b. That the 10 -foot wide utility easement between Lots 12, 13, 14 and 15, Block 4, Flour Bluff Estates No. 2, located off Claride Street, be abandoned upon the request of Mr. James K. Ritchey, as recommended by the affected City Departments, (There are no utility lines in the easement). c. That a public hearing be held on October 11, 1972, for the changing of the name of a portion of Egyptian Drive abutting Lots 17 end 18, Block 27, Meadowlark Perk Addition, to Euphrates Drive. The affected Departments, including the Postal Department have no objections to the request. The request was submitted by the property owners abutting the street in question. d, That the Cole Park Seawall and Fishing Pier Project be accepted as complete and that the contractor be paid $71,070.62. The contract was overrun by 117 working days, but it is recommended that 62 days extension be granted to the contractor and 55 days be charged as liquidated damages; the acceptance includes Change Order No. 2 in the amount of $6,141.86 which includes flood lights on the pier, the plaque and monument erection, handrails on the storm sewer bpX and minor sewer work. The final payment is subject to further negotiations on certain items under controversy. e. That the City Manager be authorized to enter into an agreement with the State of Texas for the construction of street improvements on Ayers Street Port from/Ayers to Norton Drive and that $181,200.00 be appropriated representing the City's share of the estimated construction cost. f. That the application of McMoRan Exploration Company to drill a well in State Tract 41, Well #2 in Laguna Madre, be approved; the well to be drilled as a straight hole to a depth of 7,250' and no exceptions to the ordinance requested, and to be located approximately a mile and a half southeast of the Naval Air Station. g. That the application for a production platform in the Laguna Madre by McMpRan Exploration Company, located approximately a mile and a half southeast of the Naval Air Station, be approved, The facility will serve as the only platform to service tracts 5, 6, 7, 8, 9, 34, 35, 36, 39, 40, and portions of Tracts 33, • Minutes Regular Council Meeting September 27, 1972 Page 3 41, 42, 53 and 54; the platform will be located in State Tract 41, The other operators in the area, Humble and Getty, have agreed to also utilize this platform. The Bay Drilling Committee recommends approval of the request. h, That the Corps of Engineers be authorized to place fill dirt from the site for their new facility in the Bayfront Park Complex over a portion of City property adjacent to the Corps Tract. The City will retain its right to maintain a park and related facilities over the dirt, but agrees not to disturb the dirt in any way that will affect the support of the Corps building or cause erosion across the Corps tract. i. That the City lease Lot 3, Section 14, Bohemian Colony Lands (a part of the new sanitary land fill site), fronting on Chapman Ranch Road for a term of five years, as follows: (1) Milton Vavricek (80 acres, mere or less), 1/4 of cotton & 1/3 of grain; and (2) C. A. Harris (approximately 8 acres consisting of pens, barns & brushland), $30.00 per month. (Both Mr. Vavricek and Mr, Harris leased these tracts from the previous landowners for years, and want to continue leasing from the City). j. That the City Manager be authorized to submit an amendment to the existing Manpower Planning Grant requesting continued funding through July 31, 1972. The present grant expires October 5, 1972; $53,685.00 will be required to continue the Manpower Planning functions fora ten-month period to coincide with the City's fiscal year; the amendment will bring the total grant to $126,553 for a 3 -year period; no local funds will be required; and the amended program will continue the existing staff of 3 professional positions and a secretary, and add a Spanish- speaking Area Manpower Planner. k. That the City Manager be authorized to enter into an agreement with the Bureau of Outdoor Recreation for the Osa Fishing Bridge Project consisting of renovation of abandoned roadway bridge into a public fishing pier and providing construction of access roads and parking at the opening of the Oso into Corpus Christi Bay, for a total contract cost of $24,800, of which the federal government will pay half. 1. That real estate sales contract be executed for the aeduisition of a tract of land 10.832 acres from the estate of J. M. Dellinger in the amount of • • Minutes Regular Council Meeting September 27, 1972 Page 4 $17,331.00, which land is needed for a drainage right-of-way for the Starlite- Mayfield Drainage project and extends from McKenzie Road along the Dellinger tract to Westwood Heights Subdivision; and that an appropriation of $17,527.50 to cover the acquisition plus closing costs, be approved. m. That the expenditure of $1500 of the Hotel -Motel Tax Fund be approved for participation by the City in the publicity activities concerning the opening of the Museum of South Texas, as recommended by the Hotel -Motel Association. n. (Re setting date for public hearing on assessments for Rygeia and Sacky - see motion later this meeting) City Manager Townsend presented the pending matter of Application #572-9, Morris Lichtenstein, Jr., for change of zoning from "R -1B" One -family Dwelling District and "h-1" Neighborhood Business District to "B-4" General Business District (Tract A), and from "R -1B" One -family Dwelling District to "A-1" Apartment House District (Tract B), on 10 acres out of Tract 1, Block 1, Paisley Subdivision, located behind Carmel Village Shopping Center. He explained that the request was heard by the Council June 28, and tabled to determine if the owners would volun- tarily deed restrict the portion from Grossman Drive extended to the rear property line to one-story buildings. Mr. Townsend stated the owner had submitted the proposed deed restriction for only the 60 feet nearest the abutting residential lots rather than the depth originally discussed. He stated that he had been advised by a representative of the applicant immediately prior to this meeting that the applicant was unable to work out plans involving the deed restrictions on the entire 200 feet, and that they would prefer that Tract A be rezoned "B-4" and the balance of the area comprising Tract B be denied and probably be resubmitted at a later time. Motion by Branch, seconded by Lozano and passed, that the request of Morris Lichtenstein, Jr, for change of zoning from "R -1B" One -family Dwelling District and "B -l" Neighborhood E,iiness District to "8-4" General Busipess District, being the 60 -feet nearest the abutting residential lots, adjacent to Pope Place, of Tract i, Black 1, Paisley Subdivision of the Hoffman Tract, be approved, and that an ordinance be brought forward effectuating the change, and that the request for "A-1" Apartment House District on Tract B, be denied. • Minutes Regular Council Meeting September 27, 1972 Page 5 City Manager Townsend presented the pending item of Application #372-3, Richard P. Church, for change of zoning from "R-18" One -family Dwelling District Business District to "B-1" Neighborhood/on all of Lot 2B and the remaining portions of Lots 1A and 12, Ave Cooper Subdivision. He stated the Council heard the request on April 12, 1972, and denied the request but in lieu granted a Special Permit for parking adjacent to an existing structure at Gollihar and Ivy Lane according to a site plan to be approved. He stated the site plan has been submitted and provides a standard screening fence and prohibits access from Ivy Lane. The site plan was presented to the Council for review. Motion by Stark, seconded by Bosquez and passed, that the site plan as presented, be approved, and that an ordinance be brought forward effectuating the Special Permit. City Manager Townsend presented the pending item relative to the request of Mr, Sam Susser for reestablishing the alley in Block 8, Portairs Addition, and the abandonment of the present easement in the same block, on which a public hearing was held March 1, 1972, and the Council action was that the alley in Block 8, Portairs Addition be reopened, an easement be retained for utility purposes, and the present easement in the same block be closed, after deed restrictions are received which would provide for construction of a masonry fence along Kilgore lowered in height at the corners of the block at Alexander and Gollihar, and no entrances or exits permitted along Kilgore. Mr. Townsend stated that efforts to resolve the matter had failed and the applicant had advised that he is abandoning his plan and has no further interest in pursuing a plan of development at this time, and that it is his recommendation that the previous action be rescended and the request be denied. Motion by Gonzales, seconded by Branch and passed, that the recommenda- tion of the City Manager relai_ive to the foregoing request, be concurred in and the foregoing request of Sam Susser, be denied. Mayo,. S'.zemoce announced the public hearing on Application 0872-8, Hulen H. Hunt, for change of zoning from "R^1B" One -family Dwelling District to "B-4" General Business District as follows onTract A, approximately 13.9 acres Minutes Regular Council Meeting September 27, 1972 Page 6 out of Lots 31 and 32, Section 28; Tract B, from "R -1B" One -family Dwelling District to "A-2" Apartment House District, approximately 10 acres out of Lots 31 and 32, Section 28; and Tract C, from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, being 19.3 acres out of Lots 30 and 31, Section 28, all in Flour Bluff & Encinal Farm & Garden Tracts, located on the northeast corner of Holly and Rodd Field Roads. City Manager Townsend explained that the request was heard by the Plann- ning Commission August 22, 1972, and forwarded to the Council with the recommenda- tion that they be approved as logical use of the land. It was the Staff's opinion that the "B-4" is a rather high intensive type zoning for this area and should be approved only as "B-1", similar to other intersections along Holly Road; that the "A-2" request on Tract B is rather high density type zoning for this area and should be zoned as "R-2", and the "R-2" request on Tract C should be retained as it is presently zoned for single-family and be developed in conjunction with the abutting property to the north and east. No one appeared in opposition to the recommendation of the Planning Commission, Motion by Bosquez, seconded by Branch and passed, that the hearing be closed. Motion by Lozano, seconded by Stark and passed, Gonzales voting "Nay", -that the request of Hulen Hunt, Application #872-8, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on TRACT A, being an approximate 13.9 acre tract out of Lots 31 and 32, Section 28, be denied, but in lieu hereof, "'B -i" Ne_ghborhood Business District be granted as recommended by the Staff; that the recommendation of the Planning Commission be concurred in and the request for change of zoning from "R -1B" One -family Dwelling District to "A-2" Second Apartment District on TRACT B, being an app7;oximate 10 -acre tract out of Lots 31 and 32, Section 28; and the request for change of zoning from "R -1B" _'Tel i'1z District to "R-2" Two-family Dwelling District on TRACT C, being an approximate 13,3 acre tract out of Lots 30 and 31, Section 28, be approvad, as requested, all three tracts located in Flour Bluff & Encinal Farm & Garden Tracts, • Minutes Regular Council Meeting September 27, 1972 Page 7 and that an ordinance be brought forward effectuating the changes. City Manager Townsend presented Application #872-12, H. Nolan pulp, D, W. Culp and Nolan W. Culp, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of Lots "C" & "H", Block 28, Bass Subdivision, located in the 6700 Block of Sandra Lane. The request was heard by the Planning Commission August 22, 1972, and forwarded to the Council with the recommendation that it be approved on the basis that although it is zoned single- family, it is not developed as single-family and a business of this nature will enhance the area. It was the Staff's opinion that the residential area at the present time is partially developed and granting this requested zoning would be an intrusion into a single-family zoned area which would tend to hinder future development of this subdivision; there is not at present a municipal sewer service available within this area, and the area would require use of septic tanks. No one appeared in opposition to the recommendation of the Planning Commission, Motion by Lozano, seconded by Stark and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales and passed, that the recommenda- tion of the Planning Commission be concurred in and that Application #872-12, H. Nolan Culp, D. W. Culp & Nolan W. Culp, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of Lots "C" & "H", Block 28, Bass Subdivision, be approved as requested, and that an ordinance be brought forward effectuating the change. • Minutes Regular Council Meeting September 27, 1972 Page 8 SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE 1958, AS AMENDED, BY AMENDING SECTION 19D -4(d) SO AS TO REQUIRE INSTALLA- TION OF A TWO-WAY RADIO IN EACH EMERGENCY AMBULANCE; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and passed to third reading by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Bonniwell was absent, ORDINANCE NO. 11097 CLOSING OAKHURST STREET AND A PORTION OF GLENOAK ROAD, MORE FULLY DESCRIBED HEREINAFTER, BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 was absent. ORDINANCE NO, 11098 CLOSING A PORTION OF THE CUL-DE-SAC LOCATED AT THE INTERSECTION OF BAYLARK DRIVE AND SEALANE DRIVE IN THE SOUTH BAY ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 was absent. ORDINANCE NO. 11099 CLOSING AND ABANDONING A 10 -FOOT UTILITY EASEMENT BETWEEN LOTS 12, 13, 14 and 15, BLOCK 4, FLOUR BLUFF ESTATES NO. 2; PROVIDING SEVERABILITY; 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 was absent, ORDINANCE NO. 11100 '.r" ? ' . ire :, THF .7ITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE QF TEXAS ACTIitG PY N` -D THROUGH !TS STATE HIGHWAY COMMISSION, WHEREBY THE STATE WILL CONSTRUCT STREET IMPROVEMENTS ON AYERS STREET FROM PORT AYLRS TO NORTON DRIVE, PROJECT NO. 220-70-121; APPROPRIATING QUT OF THE NO. 220 STREET BOND FUND $181,200 REPRESENTING THE CITY'S PORTION OF THE ESTI- MATED CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW AND PAYABLE TO THE TEXAS STATE TREASURER ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting September 27, 1972 Page 9 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 was absent. RESOLUTION NO. 11101 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION TO THE DEPARTMENT OF LABOR FOR A FEDERAL GRANT FOR THE PURPOSE OF CONTINUING THE MANPOWER PLANNING OFFICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution wa; passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 11102 AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL 2, MAYFIELD-STARLITE LANE DRAINAGE DITCH FROM THE ESTATE OF J. M. DELLINGER; APPROPRIATING OUT OF NO. 296 STORM SEWER BOND FUND $17,527.50, OF WHICH $17,331 15 FOR LAND PURCHASE AND DAMAGES TO THE REMAINDER AND $196.50 IS FOR INCIDENTAL EXPENSES RELATED TO THE CLOSING OF THE PURCHASE, ALL APPLICABLE TO PROJECT NO. 296-70-1, MAYFIELD- STARLITE LANE STORM SEWER PROJECT; 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 was absent. ORDINANCE NO. 11103 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 6106, AS AMENDED, UPON APPLICATION OF PHIL MASSAD BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING ON TWO TRACTS OF LAND OUT OF LOT 4, SECTION 9, BOHEM- IAN 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 ON TRACT "A" AND FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT ON TRACT "B"; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The C,arter 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 was absent. Minutes Regular Council Meeting September 27, 1972 Page 10 ORDINANCE NO. 11104 • 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 FRANK P. ZOCH, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE SOUTHWEST 1/2 OF LOT 17; AND SOUTHWEST 1/2 OF LOTS 18 & 19, AND ALL OF LOT 20, SECTION 12, BOTH TRACTS IN SECTION 12, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SIT- UATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT A, BEING THE SOUTHWEST 1/2 OF LOT 17; AND FROM "F -R" FARM RURAL DISTRICT TO 'Al" - APARTMENT HOUSE DISTRICT ON TRACT B, BEING THE SOUTHWEST 1/2 OF LOTS 18 8, 19, AND ALL OF LOT 20; 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, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 11105 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 ROY SMITH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 4, 050 FARM TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEP- ING 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, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 11106 AMENDING THE ZONING OKDINA..€.CE 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 "!ME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF H, NOLAN CULP, D.W.CULP, AND NOLAN W. CULP BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS G AND H, BLOCK 28, BASS SUBDIVISION 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 CON- VLICT HEREWITH; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting September 27, 1972 Page 11 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 was absent. RESOLUTION NO. 11107 AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO PROJECT AGREEMENT NO. 48-00218, OSO FISHING BRIDGE DEVELOPMENT PROJECT, AS SET FORTH IN THE SAID ADDENDUM, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 11108 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SIMON EISNER AND ASSOCIATES, PLANNING CONSULTANTS, IN ACCORDANCE WITH THE ATTACHED EXHIBITS "A" AND 'B" INCORPORATED HEREIN, FOR THE PURPOSE OF CONDUCTING AN EXTENSIVE REVIEW AND UPDATING OF THE CITY OF CORPUS CHRISTI ZONING ORDINANCE AS A PART OF THE COMMUNITY RENEWAL PROGRAM; 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 was absent. Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. L. E. Null, attorney representing Mr. Weiser, owner of property abutting Hyreia and Sacky Street, appeared and requested that the Council reconsider an assessment on Mr. Weiser's property of $4,118.93 for street improvements, sidewalk and driveways, on which a public hearing was held August 2, 1972. He stated Mr. Weiser was not noti- fied of the heal irc and theiefn;,^ did not hove an opportunity to protest. He stated the roadway proposed to be improved is not needed, is not wanted, and leads only to the City's new Service Censer tor use by City employees. He stated the assessment is excessive and more than his client can pav; that the City will take approximately 12 to 14 feet of property away from the Sacky Street side thus reducing his parking lot; that they do not need the entrances; and have adequate access from Sacky Street to accommodate his trailer park. • Minutes Regular Council Meeting September 27, 1972 Page 12 City Manager Townsend asked Mr. Null if they would be agreeable to curbs and gutters along Hygeia Street with no driveway cuts. Mr. Null stated they do not want the curb and gutters on Hygeia Street and that the two driveways are not needed. Mr. Weiser stated it had been his understanding that when the plans were made for the City's new Service Center, there would be no truck traffic and no expansion of Sacky Street. He stated the sidewalks will be damaged by the truck traffic, and that they can move mobile homes in and out without using Hygeia Street. Mr. Weiser stated that the notice of the August 2 hearing was sent to Mr. Potter who had been deceased for ten years, and that he had not seen a notice yet. City Attorney Riggs advised that the assessment can be adjusted or corrected downward without a public hearing but that there would be a question as to whether or not the Council should re-examine the testimony of the expert witness as to the enhancement of the property if certain deletions were made. Following further questioning of Mr. Weiser, he stated they would like to have the curbs and gutters entirely eliminated but they do need the driveways; that he would be willing to pay for the paving but did not see the necessity far curb, gutters and sidewalks. He stated he felt a topping of some type would be sufficient improvement of the street since it was only a dead end area, City Manager Townsend stated a voluntary agreement with Mr. Weiser is needed or the Council should set a date for a public hearing for reconsideration of the assessments an this street. Motion by Lozano, seconded by Branch and passed, that the date of October 25, 1972, at 4:00 p.m., be set for a public hearing on paving assessments for Hygeia Street from Ayers Street to its termination at the Municipal Service Center. (City Mgr.Rpt."n") Mr. David C. Niiges, President of Shelter Corpus Christi, Inc., appeared relative to Coi nci!'s diycussion at Workshop meeting this date of extension of sewer service and drainage to Oso Estates Subdivision. City Manager Townsend stated it would be his recommendation to the Council that the area located between the Naval Air Station, Padre Island Drive, Flour Bluff • Minutes Regular Council Meeting September 27, 1972 Page 13 Drive, and the Oso, be allowed to receive sewer service by force main to the nearest existing lift station going to the Laguna Madre Treatment Plant. Dr. W. R. Hubler, 1510 South Brownlee, appeared and stated he owned 16 acres of land adjacent to Anchor Harbor Court on South Padre Island Drive, and complained that as a result of the City's drainage system, their drainage problems have been increased, they are getting more flooding from Weber Road, and erosion of the land is the result. He stated he had asked that it be graded but that nothing had been done. City Manager Townsend explained that the flooding in this area was a very complex situation, that there had not been agreement as to the cause and that the Highway Department was involved. He stated a report would be prepared for next week's agenda. Mayor Sizemore announced that the Council would be recessed for approxi- mately 45 minutes to enable the Council to participate in the scheduled dedication of Cole Park Seawall and Pier. * * * * * The Meeting was reconvened at 5:30 p.m. Mr. Lynn Tate, Business Manager of the International Brotherhood of Electri- cal Workers, Local 278, appeared and requested that the Council employ an outside consultant to evaluate the basis for the request of Central Power and Light Co. for a general rate increase and appoint a citizens' advisory committee made up of citizens, commercial, industrial and electrical representation to work with the expert consultant, before the City Manager makes a recommendation to the Council. He stated the request is in excess of the 5.5 percent allowed by the Federal Price Wage Control Board, and that field costs are lower in this area. He indicated that CP&L was attempting to put the new rates into effect before a State Utilities Board can be created; that the City Manager has only been supplied statistics which CP&L has furnished and that this should be supplied by In unbiased independent source. Mr. Tate stated that CP&L had cited their losses as a result of Hurricane Celia, but pointed out that they were covered by insurance and were compensated for this Toss. City Manager Townsend stated the Staff is in the process of making an evalua- tion of the initial request and reviewing background material, and that there is a possi- • • Minutes Regular Council Meeting September 27, 1972 Page 14 bility an expert consultant will be employed. He explained that he would make a recommen- dation to the Council, a public hearing will be called, and the burden would be on CP&L to show sufficient basis for the proposed rate increase. He stated that the only timetable is that CP&L indicated they would like to have the rate increase before the first of the year. Attorney Franklin Smith requested that he be allowed to appear before the Council next week when the ordinance is voted on in connection with the Hulen Hunt request for rezoning on property on Nile Drive, heard earlier in this meeting. He stated that he had not been present for the hearing because he was confused as to the time, but that it was his opinion that Mr. Hunt would not be pleased with the action of the Council regarding this zoning. The Council agreed that Mr. Smith would be heard when the ordinance is presented. Mayor Sizemore made the following nominations for appointment to Boards and Committees: Noe Garza, to replace Donald Greene on the Arts Commission; Robert E. Lawrence, to replace J. Michael Mahaffey on the Human Relations Commission; and Roosevelt Porter, to replace John Clay on the Park Board. Motion by Branch, seconded by Lozano and passed, that the foregoing nomina- tions for appointments to the respective boards be confirmed and approved. City Manager Townsend announced that the Nueces County Action Agency will meet tomorrow night and recommended that the following be designated to represent the City: Assistant City Manager Archie Walker; Director of Human Relations Maurice Colvin; Manpower Planner Juan Bosquez; Administrative Assistant Andy McCown; and Director of Urban Development Ernest Briones. Motion by Branch, seconded by Lozano and passed, that the foregoing designations for representation on the Community Action Board, be confirmed and approved. There being no further business to come before the Council, the meeting wa<_ adjourned at o:00 p.m., September 27, 1972. • I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of September 6, 1972, to September 27, 1972, inclusive, and having been previously approvee by Council action, are by me hereby approved. RONNIE SIZEMORE Mayor City of Corpus Christi, Tex