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HomeMy WebLinkAboutMinutes City Council - 09/12/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 12, 1973 2:00 P. M. PRESENT Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Albert C. Hemenway, Pastor of the Covenant Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Lozano and passed, that the Minutes of the Regular Council Meeting of August 29, 1973, be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations relative to the follow- ing: WORLD PEACE DAY, Monday, September 17, 1973; TOASTMISTRESS DAT, September 15, 1973; DIEZ Y SEIS DAY, Sunday, September 16,1973; MIGRANT AND SEASONAL FARM WORKERS WEEK, September 10 through 16, 1973; and FIESTA MEXICANA DE CORPUS CHRISTI WEEK, September 10 through 16, 1973. Mayor Luby presented 30 -year Service Awards to the following City emploYees: Mr. R. H. Goates, Maintenance Service Department, Equipment Mechanic II; and Mr. R. S. Shirley, Fire Department, Firefighter. City Manager Townsend presented for nomination to Boards & Committees, the following: Human Relations Commission (Youth) - Cleo LaRue, Cynthia Gutierrez, and Bill Miller; Jobs for Veterans Task. Force - Leslie O'Conner, Gilbert Chapa, Sam Sanchez, Adan Alaniz, B. S. Spivey, Robert Lyon, Eddie Ginn, David Lozano, and Elzie Pilot; La Retama Library Board - Mrs. Ardelia Young, Mrs. Stanley Hultman, and Robert Wolter (reappointment); Marina Board - Tom Bridges, Bill Holmes, and Lew Borden; Municipal Arts Commission - Maurice Portis, Mrs. Laura Berry, Dick Bolden, Mrs. Robert Flato, and Herminia Chavana (new appointments); and Joseph A. Cain, Jack Solka, Mrs. Jim Gabbard, Antonio Garcia, Jim Boggs, and Margaret Heiberg (reappoint. ments). • Minutes Regular Council Meeting September 12, 1973 Page 2 Citizens Committee for Community Improvement - Mrs. Ray Coleman, Mike Edwards, and Mrs. Gordon Rindflish. Motion by Lozano, seconded by Stark and passed, that the foregoing nomina- tions for appointment and reappointment, be confirmed and approved. Mayor Luby announced the public hearing on a proposed amendment to the Airport Master Plan. City Manager Townsend explained that the City has had available for study a report entitled "Master Plan Study" prepared by Ralph H. Burke Inc., Airport Con- sultants -Engineers -Architects of Chicago, which was prepared in 1970, and that this study had been reviewed by the Airport Advisory Board and the City Planning Commis- sion. The recommendation of the Airport Advisory Board was for only one runway and concurs• with the recommendation of the Federal Aviation Administration that consideration be given to only 3300 acres until some future study indicates a need for additional runways; and that the Planning Commission's recommendation is that the land be immediately acquired along the airport's perimeter specifically land area fronting on Highway #44 for a total of 3900 acres emphasizing the importance of acquiring this land for airport expansion prior to any developments taking place by private interests to insure protection of the facility. Mr. Townsend explained that the voters had approved a $500,000 bond issue in December of 1972 for airport land acquisition, and the City hopes to obtain Federal funds for some 82 percent of the total cost of acquisition. He further explained that land acquisition would not be pushed at this time and the City would seek voluntary sales of the land by the owners. He stated it is estimated that over $3 Million of land should be acquired over the next few years; that the land will be utilized for a long period of time, taxation will be removed, and lease of the land will provide a minimum of cost of acquisition. He stated the Master Plan is submitted to the Council in the nature of a public hearing. Mrs. Benson, owner of a motel on Corpus Christi Beach, spoke in opposition to expenditure of funds for expansion of International Airport, stating she felt construction of a seawall on Corpus Christi Beach should take precedence over Airport improvements. Mr. Townsend pointed out that the $500,000 bond issue money was for a specific purpose. Mr. John Kelly, owner of land around the airport questioned values the Minutes Regular Council Meeting September 12, 1973 Page 3 City would place on property to be acquired and how much they would be willing to pay. Mr. Townsend stated it is hoped!_that arrangements can be worked out with landowners as to the value of the land and a reasonable timetable. He stated it was significant that the City has a major water line running across the airport property. Mr. Bill Wilder, Airport Manager, described the boundaries of the land in question and pointed out the area::owned by the City and that to be acquired. He noted that some is under cultivation and some partially occupied by the airfield. He pointed out the area the City proposes to acquire and the easement where the City would pay for the use and restriction of the land. He stated if the third runway is eliminated, the line will be approximately along the City limits line. Mayor Pro Tem Acuff stated he would endorse the two -runway plan on the basis he felt future traffic would not require three runways, and would recommend the modified plan for acquisition of 3300 acres. He pointed out that much of the traffic is from private aircraft and there will be a definite slowing down of this type .of traffic because of the expense incurred because of added restrictions of certain equipment. Motion by Branch, seconded by Stark and passed, that the hearing be closed. Motion by Acuff, seconded by Stark and passed, Luby voting "Nay", that the Master Plan for development of the International Airport be approved to the extent that two parallel runways be provided and that the City acquire approximately 3300 acres of land. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That a public hearing be held on October 3, 1973, on the following son, ing applications: (1) Julius Racusin, Robert Racusin, Paul Racusin & Miriam Racusin Eidelberg - "R -1B" to "A-2", located on the northwest corner of Glenmore & South Alameda Streets. (2) Buford Nicholson - "R -1B" to "B-4", located on the southwest corner of Greenwood & Trojan Drives. (3) Dwight L. Smith, Jr. - "R -1B" to "B-1", located on the northwest corner of Violet Road & Blades Street. (4) Horton Glass Co., Inc. - "R -1B" to "I-2", located on both sides of Gibson Lane north of State Highway #44. b. Recommendation that Excess Liability Insurance for Wesley Seale Dam for September 25, 1973 to September 24, 1974, be renewed with the present companies: • Minutes Regular Council Meeting September 12, 1973 Page 5 f. That the public hearing on the assessments for Elizabeth Street from 17th to 18th, 17th Street from Elizabeth to the Crosstown Expressway, and Prescott Street from 17th to 18th Street, be closed and the assessment roll be adopted with the correction of Item No. 32 to reflect zero assessment since the lot has little value because of its configuration as recommended by the City's appraiser, Mr. Harold Carr. g. That Change Order No. 1 be approved to the contract with Asphalt Main- tenance Company for the construction of 15th, 18th, Espinosa and Dolores Streets for $73,640.00. The Change Order includes the addition of 17th Street from Elizabeth to the Crosstown Expressway, Elizabeth Street from 17th to 18th Streets, and Prescott Street from 17th to 18th Street. An appropriation of $77,000.00 is requested of which $73,640.00 is for the construction contract and $3,360.00 is for contingencies and incidental expenses. The construction of streets around the T. G. Allen School will be coordinated so as to provide a mimimum of interference with school activities. h. That the General Fund be reimbursed $35,184.95 for park improvements completed by the Park Construction Crew from February 1, 1973 through July 31, 1973. Appropriations of $29,816.78 are requested as follows: Park Bond Fund - South Bay Park Stonegate Park Airport Park $29,340.98 134.15 341.65 $29,816.78 Park Trust Fund - Nueces River Park $ 5,368.17 $ 5,368.17 y$35,184.95 i. That permission be granted to the LULAC Ladies Council #26 to hold a Fiesta Mexicana de Corpus Christi celebration and that the 200 and 300 Blocks of Chaparral Street, and 300 and 400 Block of Williams Street be closed to vehicular traffic for this event from 6:00 p,m. Saturady, September 15, 1973 to 12:00 Mid- night Sunday September 16, 1973. The required liability insurance policy has been received. No opposition is anticipated from the Downtown Business District Asso- ciation. j. That the ordinance passed on March 28, 1973, authorizing a grant amend- ment to delete the relocation of FM 763 from the Airport grant be revised to meet the procedure requirements of FAA. The original ordinance did not specify that the • Minutes Regular Council Meeting September 12, 1973 Page 4 b. Cont'd: Company Coverage Premium Market Ins. Co. First Excess($400,000) $ 1,194.28 Mission Ins. Co. 2nd Excess ($1,000,000) 2,000.00 Total S 3,194.28 The 1973-74 premium represents a decrease of $124.62 from last year. Market Insurance Company submitted the only quotation of four companies requested to quote on the first excess coverage, and Mission Insurance Company submitted the lowest quotation of three companies quoting on the second excess coverage. The two policies provide a total of $1,400,000 excess liability coverage over the City's basic under- lying general liability policy of $100,000-$300,000-$50,000. c. That the contract with Heldenfels Brothers for construction of Kostoryz Road Storm Sewer Improvements be accepted, the Final Change Order as required by H.U.D. reconciling the final project quantities be authorized, and that final pay- ment of $26,594.68 be approved. This project is financed jointly by the City of Corpus Christi and the Department of Housing and Urban Development. d. That International Aerial Mapping Company be engaged to provide aerial photography for the design of Waldron Road from Caribbean to Purdue,. and Kostoryz Road from Padre Island Drive to Holly Road. These projects were approved at the December, 1972 bond election . The work will be submitted on 22" x 36" sheets which will include aerial photography on the top 1/3, planimetrtd plan on the middle 1/3, and profile on the bottom 1/3rd. The cost will be $1,400.00 per mile or $1,045.00 for Kostoryz Road and $1,400.00 for Waldron Road. An appropriation of $2,445.00 is requested from the No. 220 Street Bond Fund. The services of an aerial mapping com- pany are recommended on major projects instead of having the surveys performed by field crews because aerial photographs clearly show actual improvements in and adjacent to the project. e. That Parcel No. 12 of the South Staples Street Project from Padre Island Drive to Saratoga Boulevard be purchased from Mr. and Mrs. Wilbert Hermis for $7,495.00 which is $2,850.00 over the original appropriation. The original appraisal did not consider the cost of relocating gasoline pumps which, along with a time adjustment, justifies an increase in the -appraisal of $2,850.00 for a total valuation of $7,495.00. Ordinance No. 10784 dated April 5, 1972 had previously appro- priated $4,645.00. • • Minutes Regular Council Meeting September 12, 1973 Page 6 City Manager be authorized to sign the amendment and did not include a copy of the amendment. k. That the City Manager be authorized to enter into a corporative agree- ment with the Texas Water Development Board to continue the Corpus Christi Bay and Estuarine investigation program. The contributed $42,500 in the initial contract that started in the Fall of 1972 and the new extension would call for a contract price of $30,000 on demand for the City's participation in a total 1973-74 project cost of $55,589.84. The investigation includes field data on dissolved oxygen, temperature, conductivity, Ph. salinity, Benthos and Plankton. 1. That final payment of $1980 for contested dirt volumes for the Cole Park Seawall and Fishing Pier Project be approved and the $5500 charged as liquidated damages and appealed by the contractor, Lloyd Richardson Construction Company be reduced to 36 days. The appeal was heard by the City Council on October 4, 1972. m. That portions of the utility easement reserved by Ordinance No. 11380, approved March 21, 1973, in Moore Street between Lexington and the railroad tracks beyond Port Avenue be abandoned. Applicant has agreed to assume the cost of relocat- ing the utility lines retaining drainage easement. Motion by Stark, seconded by Acuff and passed, that the City Manager's Reports, Items "a" through "m" be accepted, and the requests and recommendations be granted and approved as presented, City Manager Townsend presented the pending item of Application No, C373-10, Planning Commission (Jon Held). He explained that the request was approved for a special permit for travel trailer park subject to approval of a site plan; that two exceptions have been requested on the site plan, (1) the planting of oleanders in lieu of a screening fence, and (2) a 144 square foot sign 20 feet high instead of the 30 square foot 10' high sign provided under the"T-1" District. He stated the "T-1" regulations provide for modification or waiver of the fence requirement, but no authority exists to allow a sign greater than the 30 square feet allowed in the requested T-1 District. He stated the request had been approved subject to a site plan and noted that the site plan had been submitted with the two variations mentioned, and not recommended by the Planning Commission. Motion by Acuff, seconded by Branch and passed, that the site plan submitted in connection with the special permit granted for a Travel Trailer Park, Mobile Home Park, Mobile Home Subdivision, on the south 1/2 of Lot 6, Block 40, Flour Bluff & Encinal Farm & Garden Tracts, be approved as modified with no waiver of the sign or fence requirements. • Minutes Regular Council Meeting September 12, 1973 Page 7 ORDINANCE NO. 11687 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF INTERNATIONAL AERIAL MAPPING COMPANY TO PROVIDE AERIAL PHOTOGRAPHY, INCLUDING PLAN AND PRO- FILE SHEETS FOR WALDRON ROAD, FROM CARIBBEAN TO PURDUE, AND FOR KOSTORYZ ROAD, FROM PADRE ISLAND DRIVE TO HOLLY ROAD; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $2,445, OF WHICH $1400 IS APPLICABLE TO PROJECT NO. 220-72-77 AND $1045 IS APPLICABLE TO PROJECT NO. 220-72-5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11688 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $2,850 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10784, DATED APRIL 5, 1972, TO ACQUIRE PARCEL NO. 12, SOUTH STAPLES STREET- PADRE ISLAND DRIVE TO SARATOGA BOULEVARD PROJECT, NO. 220-70-107, FROM THE OWNERS, WILBERT HERMIS AND WIFE, DAISY MARIE HERMIS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11689 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. ELIZABETH STREET, FROM 17TH STREET TO 18TH STREET; 2. 17TH STREET FROM ELIZABETH STREET TO THE SOUTH R.O.W. LINE OF LOT 25, BLOCK 1400, BAY TERRACE NUMBER 2; 3. PRESCOTT STREET, FROM 17TH STREET TO 18TH STREET; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE- MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby,. Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11690 AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH ASPHALT MAINTENANCE COMPANY, INC., FOR CONSTRUCTION OF 15TH, 18TH, ESPINOSA AND DOLORES STREET IMPROVEMENTS AND STORM SEWER IMPROVEMENTS, SAID CHANGE ORDER TO INCLUDE STREET AND STORM SEWER IMPROVEMENTS TO 17TH STREET FROM ELIZABETH TO THE CROSSTOWN EXPRESSWAY, TO ELIZABETH STREET FROM 17TH TO 18TH STREETS; AND TO PRESCOTT STREET FROM 17TH TO 18TH STREETS; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $77,000 OF WHICH $73,640 15 FOR THE CHANGE ORDER AND $3,360 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 220-67-92.9; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting September 12, 1973 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11691 APPROPRIATING $35,184.95 FOR REIMBURSEMENT OF THE NO. 102 GENERAL FUND, ACTIVITY 4122, CODE 603, FOR LABOR, EQUIPMENT, AND MATERIALS USED FOR PARK IMPROVEMENTS, OF SAID APPROPRIATION $29,816.78 IS OUT OF NO. 291 PARK BOND FUND, OF WHICH $29,340.98 IS APPLICABLE TO PROJECT NO. 291-70-10.9, SOUTH BAY PARK; $134.15 IS APPLICABLE TO PROJECT NO. 291-70-10.5, STONEGATE PARK; AND $341.65 IS APPLICABLE TO PROJECT NO, 291-70-10.4, AIRPORT PARK; AND $5,368.17 I5 OUT OF NO. 111 PARK TRUST FUND, APPLICABLE TO ACCOUNT NO. 1766, NUECES RIVER PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11692 FINDING THAT THE FIESTA MEXICANA DE CORPUS CHRISTI ON SEPTEMBER 16, 1973 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 200 AND 300 BLOCKS OF CHAPARRAL STREET AND THE 300 4ND 400 BLOCKS OF WILLIAMS STREET TO VEHICULAR TRAFFIC FROM 6:00 P.M. SATURDAY, SEPTEMBER 15, 1973 TO 12:00 MIDNIGHT SUNDAY, SEPTEMBER 16, 1973 FOR SAID FIESTA STONSORED BY LULAC LADIES COUNCIL #26; PROVIDING FOR BARRICADES AND EMERNCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR. FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN MASKINGS AND REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE AND FOR PUBLICATION; PROVIDING FOR SEVERANCE AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11693 RATIFYING AN AMENDMENT TO THE GRANT AGREEMENT HERETOFORE ENTERED INTO BETWEEN THE FEDERAL AVIATION ADMINISTRATION AND THE CITY OF CORPUS CHRISTI BY AUTHORITY OF ORDINANCE NO. 9482, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 10, 1969, BY DELETING PARAGRAPHS 9 (h) AND 10 FROM THE SAID GRANT AGREEMENT, APPLICABLE TO PROJECT NO. 9-41-156-7008, CORPUS CHRISTI INTERNATIONAL AIRPORT, AS MORE FULLY SET FORTH HEREINAFTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting September 12, 1973 Page 9 ORDINANCE NO. 11694 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD TO CONTINUE THE CORPUS CHRISTI BAY AND ESTUARINE INVES- TIGATION PROGRAM BEGUN IN THE FALL OF 1972 AS PER THE ATTACHED CONTRACT AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11695 ABANDONING THE UTILITY EASEMENT RESERVED BY ORDINANCE NO, 10535, AS AMENDED BY ORDINANCE NO. 11380, SAVE AND EXCEPT A 30 -FOOT DRAINAGE EASEMENT, HERE- INAFTER MORE FULLY DESCRIBED, WHICH IS RETAINED BY THE CITY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11696 AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH ALLIED FENCE COMPANY FOR THE CORPUS CHRISTI INTERNATIONAL AIRPORT PERIMETER AND SECURITY FENCE; APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND $3521.36 FOR SAID CHANGE ORDER, APPLICABLE TO PROJECT NO. 245-68-15; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mayor Luby announced the public hearing scheduled for 3 p.m. City Manager Townsend presented Application #773-7, Tim Clower, Trustee, for change of zoning on Tract A (16.76 acres), fronting 1,050 feet on Holly Road, from "R -1B" One - family Dwelling District and "1-2" Light Industrial District to "B-4" General Business District; Tract B (13.60 acres) fronting 235 feet on Holly Road and having a depth of 1,250', from "R -1B" One -family Dwelling District to "A-1" Apartment House District, both tracts being out of Lot 5, Bohemian Colony Lands located on the north side of Holly Road east of Kostoryz Road. The request was heard by the Planning Commission July 24, 1973, and forwarded to the council with the recommendation that it be approved as a logical use of the area, and the Planning Staff concurred in this recommendation. • Minutes Regular Council Meeting September 12, 1973 Page 10 No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and the foregoing Application /773-7, Tim Clower, Trustee, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application /773-9, Planning Commission, for change of zoning from "AB" Professional Office District and "B-1" Neighborhood Business District to "A-2" Apartment House District on all of Block B and Lots 1 & 2, Tract C, Meadowbrook, located on the west side of the 500 and 600 Blocks of Airline south of South Alameda Street. The request was heard by the Planning Commission July 24, 1973, and forwarded to the Council with the recommendation that it be denied on the basis the property owners did not appear and this was possibly not the proper procedure. He stated the Staff recommends approval on the basis that these properties are not developed according to their existing zoning, and by changing to apartment district, it would eliminate any business from opening up in the future within these apartment projects. Mr. Townsend explained that the request was initiated by the City, but the Planning Commission appears reluctant to change the zoning in the case where the owner is not the applicant and does not approve, however, he stated the owner in this particular case did not object to the change of zoning to "A-2". Mr. Scott Cook, attorney representing Mr. Willard Hammonds, owner of Lot 2R, Block B, Pharaoh Valley Southwest (Case #C773-11), spoke in opposition to all four applications initiated by the City scheduled for hearing at this time, stating his client was not directly involved in the subject property (Case /773-9), but felt before the Council takes action, they should hear the other side. He stated his client was not consulted regarding the change; that he received a notice but did not realize it pertained to his property because he assumed it could not be rezoned without his approval. Mr. Cook stated that the original appraisals and loans were made on this property with the understanding that it was zoned for business, and downgrading the zoning reduces the collateral to the mortgage holders his client_ pledged to uphold and reduces his value of the property. He pointed out that in some instances the mortgagor could be threatened with a declara- tion of default in case of downgrading in zoning. He stated his client protests the zoning on the basis it impairs the value to him of the property without compensation from the City, which may be • Minutes Regular Council Meeting September 12, 1973 Page 11 subject to legal attack, and he could very well be declared in default under his deed of trust because of the impairment of security. He stated that in effect, the Commission is attempting to adopt retroactive exclusive zoning, and that he does not object to exclusive zoning but does object to its being retroactive. Mr. Willard Hammonds, owner of the property in question, stated he has no plans at this time to develop the property with business uses, but pointed out it would adversly affect the sale of the property since buyers look much more favorably on properties that have business zoning. He stated for the little benefit this action would be to the City, he could not see the owners taking the loss. Mr. Hammonds questioned the Commission's intentions relative to the many non conforming apartment uses throughout the. City. Mr. A. O. Boyer, 618 Bradshaw, owner of Lot 9, Block 6, Meadowbrook x2, stated when he purchased his property it was his understanding it was zoned for apartment use and would object to having certain obnoxious businesses next door. He stated it is immaterial in this case what is done with Mr. Hammond's property, but wanted to go on record as in favor of the property being rezoned "A-2". There was considerable discussion between the Council and the Staff as to who initiated the applications. City Manager Townsend explained that the Planning Commission had instructed the Staff to make the applications after the Council had indicated a need to have the zoning map reflect a plan of zoning though some of these are borderline cases. He explained that the Commission had first thought the plan was good but after the hearing hod declined to recommend it. Mr. Cook stated he also represented Mr. Ed Birnberg, owner of property located on the north side of the 500 and 600 blocks of Delaine, and on his behalf was in opposition to the proposed change from "R-2" One -family Dwelling District to "R-18" One -family Dwelling District on his property and to all other similar requests, on the basis that It is unconstitutional taking from the owners. Motion by Ricardo Gonzales, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application r#773-9, Planning Commission, for change of zoning from "AB" Professional Office District and "B-1" Neighborhood Business District to "A-2" Apartment House District on all of Block B and Lots 1 and 2, Tract C, Meadowbrook, be denied. • Minutes Regular Council Meeting September 12, 1973 Page 12 Motion by Tom Gonzales, seconded by Stark and passed, that the hearings be closed and the following applications be denied as recommended by the Planning Commission: Application #C773-10, Planning Commission, for change of zoning from "R -1B One - family Dwelling District and "B-1" Neighborhood Business District to "A-2" Apartment House District, on Block A, Brentwood Village Community Center; and from "AB" Professional Office District to "A-2" Apartment House District on Lots 26R, thru 30, Bluff Estates; Application #773-11, Planning Commission, for change of zoning from "B-1" Neighbor- hood Business District to "A-2" Apartment House District on Lot 2R, Block B, Pharaoh Valley Southwest; and Application #C773-12, Planning Commission, for change of zoning from "R-2" Two- family Dwelling District to "R -1B" One -family Dwelling District on Lots 6, 7, 8 & 9, Block 4, and Lots 4 thru 12, Block 3, Pope Place 1. It was the feeling of the Commission that generally, they do not have the right to recommend approval of such zoning when so much opposition is voiced by the property owners themselves; that even though it is an attempt to "clean up" the zoning map, it is a fruitless effort until some other method is found; and that the Commission should concentrate on preventing inclusive uses of property in the future by revising the Zoning Ordinance. City Manager Townsend presented Application #773-3, Antonio Carreno, M. D., for change of zoning from "A-2" Apartment House District to "AB" Professional Office District on Lots 1 and 2, Block 6, Bayview Addition, located on the southwest corner of Ocean Drive and Craig Street. The request was heard by the Planning Commission July 10, 1973, and forwarded to the. Council with the recommendation that it be denied due to traffic hazards that would be created. The Planning Staff was of the opinion that this requested change would have an adverse effect on adjacent residential uses, would establish a precedent, and create a "domino" effect for zoning changes extending to the south, and therefore, recommended denial. Mr. Townsend explained that this case was heard by the City Council August 15, 1973 and the action was that the recommendation of the Planning Commission be concurred in for denial of the request. On August 29, 1973, the Council set the case for re -hearing due to confusion created as a result of the change of meeting date from August 23, 1973 to August 15, 1973. Both the applicant and others wishing to appear reported they did not receive notices of the date change. • Minutes Regular Council Meeting September 12, 1973 Page 13 Mr. Charles Porter, attorney representing the applicant, spoke in opposition to the recommendation of the Planning Commission. He presented a site plan of the development and explained that the proposed one-story building would house the offices of the applicant and one other physician for the practice of gynecology. He pointed out that the opposition had been based on an alleged traffic problem at Craig and Ocean Drive and that this use would only add to that problem. He pointed out that the doctors' hours would be from 10 a.m. to 12 noon, and 2 to 5 p.m. with an average of 15 patients per day which he stated would not interfere with peak traffic hours on Shoreline. He stated the plan includes 14 off-street parking spaces and one loading zone with access from Craig Street and the alley. He stated if parking on Craig Street and Ocean Drive created a problem, they would be willing to have the City designate No Parking along the curb - lines of both streets. Mr. Porter pointed out that under the present zoning, eleven apartment units would be permitted with a total of 11,500 square feet of floor space as compared to the 2,500 square feet proposed by the applicant, and that uses permitted are nursing homes, hospitals, private clubs, churches, boarding and rooming houses. He stated the building structure will be in keeping with the character of the neighborhood, will be a quiet operation, in keeping with the statute for the promotion of health, welfare, safety, and morals of the City, will be less of a fire hazard than apartment development, and will lessen overcrowding of population. He also pointed out that this area is a logical location for doctors offices because of its proximity to Spohn Hospital, that the alleged "domino" effect of zoning was created when the hospital was built, and there is no more appropriate use for this corner as it is definitely not suitable for residences. Mr. Porter noted that prior to the Planning Commission hearing, 22 notices were mailed out with 11 received in favor and only four in oppisition, that one of those had said she did not oppose the doctors' offices but only objected to the rezoning of the entire area. He pointed out that this is an old neighborhood and practically no new construction for years, that the legal department's opinion that it is spot zoning is not a valid argument as it is not a legal question but a planning matter, and that it would not have an adverse effect on the residential neighborhood. Mr. Orby Roots spoke on behalf of the applicant stating the proposed operation is consistent with the area, is in the best interest of the City, and that he concurred in the arguments presented by Mr. Porter. Mayor Pro Tem Acuff asked Mr. Porter if his client would be agreeable to a special • Minutes Regular Council Meeting September 12, 1973 Page 14 permit, and Mr. Porter stated it would be acceptable. Mr. Thomas Ard, 614 Williamson Place, property owner of Lot 5, stated he wo°:Id be in favor of the special permit if restricted to the use as shown on the plan submitted by the applicant. Mr. Cuban Burbank, 1127 Ocean Drive, spoke in opposition to the requested change in zoning, stating he represented all the property owners on Ocean Drive in this Block with the exception of one person located north of his property. Mr. Burbank stated his objections were based on the fact that the future of this area is at stake because it lends itself more appropriately to highrise apartment development which would be an asset to the City. He pointed out that he had resided at this location for 27 years and was in a better position to know about the congested traffic. Mr. O. J. Douglas, 1201 Second Street, spoke in opposition concurring with Mr. Burbank with regard to the traffic congestion. He stated he definitely felt this zoning change would be wrong and would adversely affect the neighborhood. Motion be Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Branch and passed, Mayor Luby voting "Nay", that Application #773, Antonio Carreno, M.D., for change of zoning from "A-2" Apart- ment House District to "AB" Professional Office District on Lots 1 and 2, Block 6, Bayview Addition, be denied, but in lieu thereof a special permit be granted in accordance with the site plan presented by Mr. Porter. Mayor Luby called for discussion on the ordinance creating the Corpus Christi American Revolution Bicentennial Commission. City Manager Townsend reviewed the ordinance. He stated the ordinance provides that the Mayor and City Council may appoint representatives from the communications media, trade and professional groups, Chamber of Commerce, Ministerial Alliance, civic service, cultural, patriotic and historical organizations, the Military, and secondary and higher level educators, either individuals or as representatives of their office as well as other citizens. The Council engaged in a lengthy discussion with regard to National and State guide- lines for authority of making appointments creating the Commission. Mayor Luby maintained that the Federal Government guidelines provided that the mayors should make the appointments. It was generally agreed by a majority of the Council that the guidelines applied to other cities with a • • Minutes Regular Council Meeting September 12, 1973 Page 15 strong mayor form of government and not necessarily to Corpus Christi with a council-manager form of government. Mr. Richard Moore, 210 Naples, Chairman of the History Department of Del Mar College, stated he represented the Committee appointed by Mayor Luby for the purpose of submitting nominations to be added to the 26 -member list which was previously approved by the Council. He explained that the list contained the names of persons submitted by individual Council members and had added another group of names which they felt was representative of all sectors of the community. In addition to the names submitted, he suggested that the Council accept a supplemental list of suggested alternates in case of withdrawals, and that the executive committee appoint subcommittees. He pointed out that Corpus Christi is far behind other cities in its organization of a Bicentennial committee and as of this date had no definite program plans. He urged immediate action to get the plans started. Mr. Moore presented the Council with the list containing 100 names, and included the 26 names previously approved by the Council. Mrs. Eva de Ases stated there have been areas and groups left out, pointing out that there were no representatives from the west side of the City. Mrs. Pat Duaine, 4909 Branscomb, stated it had been her understanding that the guide- lines provide that the i ayor shall appoint the Bicentennial committee, and expressed concern that the proposed ordinance dilutes the powers of the Mayor. In support of this she stated the Mayor inherited the Bicentennial committee, is elected to represent all the people,and the Council does not have the authority to change the laws or re -write the guidelines which could jeopardize the Federal funding of the program. She urged that the Council not pass the ordinance which she considers a reproach to the Mayor elected by all the citizens. City Manager Townsend noted that three names had been inadvertently omitted from the list submitted by Mr. Moore, those being Mrs. J. E. Garza, Barney Davis, and Eduardo de Ases. Mr. Joe K. Watson, 3622 Lawnview, questioned the ethnic balance of the list and over -emphasis of some professional groups, and suggested that perhaps some other method of making appointments should be employed. City Manager Townsend stated that the ordinance does not name persons but acknowledges appointments named by the Council on August 15; that the 5 -member executive committee is set up on that basis. He stated it is his opinion that this number is somewhat confined and probably should be enlarged to nine. • Minutes Regular Council Meeting September 12, 1973 Page 16 Motion by Branch, seconded by Ricardo Gonzalez and passed, that the ordinance be amended to specify a nine -member executive committee. ORDINANCE NO. 11697 CREATING THE CORPUS CHRISTI AMERICAN REVOLUTION BICENTENNIAL COMMISSION; PROVIDING FOR APPOINTMENT OF THE COMMISSIONERS, ELECTION OF OFFICERS, SELECTION OF EXECUTIVE COMMITTEE AND ADDITIONAL COMMITTEES AND SUBCOMMITTEES AND AUTHORIZING PERSONS OTHER THAN COMMISSION MEMBERS TO SERVE THEREON; STATING THE COMMISSION'S PURPOSE; PROVIDING FOR QUARTERLY MEETINGS; PROVIDING TERMINATION DATE; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Aciff, Branch, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby and To Gonzales, present and voting "Nay". ORDINANCE NO. 11698 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 TIM CLOWER, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT Aa CONTAINING 16.76 ACRES OF LAND, TRACT B: CONTAINING 13.60 ACRES OF LAND; BOTH BEING OUT OF LOT 5, BOHEMIAN COLONY LANDS STUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT A AND "A-1" APARTMENT HOUSE DISTRICT ON TRACT B; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote. Lby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Motion by Stark, seconded by Acuff and passed, that the list of names nominated by the Mayor's Committee be accepted, plus the three names inadvertently omitted, and the addition of Mr. Jack Shults and Mr. Leopold Luna, be approved. The list is as followss Robert Jackson Victor Lara Ortegon Edward° de Ases Mrs. A. Ritchey Joe Montoya Bill Carl Dr. William Carlin Barcus Moore Rev. R. L. Brown Rev. James Dace Mrs. Paul Bluntzer Dr. Eugenia Briscoe Vann Kennedy Mrs. J. E. Garza Jack Shults Ivan Wilson Jack Blackmon William Darby Dr. Roberto Bosquez Bishop Drury Rev. Arnott Ward Abbott Alfred Hoenig Henry Knolle Dan Kilgore Bob White Barney Davis Leopold Luna Bob Conwell Guy Warren Warren Ina Joe Watson Rev. Ed Schaefer Rabbi Wolf Aalbert Heine Bill Wright A. A. Lichtenstein • • Minutes Regular Council Meeting September 12, 1973 Page 17 Miss Margaret Ramage Mrs. Howell Ward Alclair Bohman E. E. Mireles Manuel Narvaes Mrs, Ed Harte Mrs. Jack Modesett, Sr. Mrs. Eddie Bolden F. Starr Pope Miss Josephine Sparks Bert Haas Mrs. Dwain Harris Dr. Hector Garcia William Bonilla Cynthia Gutierrez Joe Cain Horny Plomarity Lee Martinez Mary Kara Dr. Donald Hanna Adelia Young Mrs. Ben Eshelman M. R. N. Cenolly Mickey Casel Ruth New Baa>hlie Bochor W. K. Huber Mrs. Alexander Hogarty Dr. Richard Marcum Cuban Burbank Charles M. Keranan Helena Brandesky Or. Norvell Dr. Halliday Wallace Davis Robert Campbell Jean; North Ms. Nancy Bowen Jesse Goode Col. Robert J. Dillard Adm. James Ferris Adm. R. A. Macpherson Col. Floyd S. Buch Dr. Richard Moore Mrs. Ben Hammond Martin Rex Eddie Galvin Lavernis Royal Walter Miller Mrs. Pat Duaine Albert Sheldon Dr. Cleo Garcia Mrs. Lynda Spears Joe Garza Amado Ayala Mel Lemos Yolanda Peronis George Trevino Mrs. Ricuard Gatza Mrs. Irene Moore Gloria Cabellero Mrs. Sam Kane, Jr. Oscar Reyna Ms. Mary Love Huffman Patrick Dunne Mrs. Lola LeBlanc Walter R. Young Ceisa Rodriguez Refugio Garza Mr. Pat Harkin appeared on behalf cf the.Corpus Christi Beach Taxpayers Association, stating this group had recently organized and had ^et with the Tax Equalization Board and that problems had been resolved both to the c-atisfasstion of the Taxpayers and the City. He stated it had been his information that the Corpus Chrisli Beach Park Project would be discussed at this meeting and some 20 members of this group were present. Mr. Harkin inquired if it would be in order for him to attend the meeting in Galveston iv,th the. Corps of Engineers regarding this Beach project. City Manager Townsend explained the nature of the meeting stating it was a staff level meeting and was not likely that the job would be.. accomplished if too many people were permitted to attend. Mr. Bob Porter, 4721 Phillip„ appeared representing the organization known as Americans in Action, and requested that the-Couneil join in this organization's stand against pornography. MTS. Rudy Gonzales, 1809 Yale, appeared representing residents in the area of Greenwood and Horne Road, and requested that the Council consider this area for location of the new health clinic. She stated it would be in walking distance of three low-income housing units and that the area is one of the most densely populated. Mr. William Solis, 4232 Shaw Street, owner of Lot 2, Block 5, Chula Vista, complained that he had appealed to the City since 1257 to cut weeds on a lot next door to his property with no success. He stated the weeds have grown so l"qigh en the corner that it has created a traffic hazard. • Minutes Regular Council Meeting September 12, 1973 Page 18 He also stated the 15 -mile per hour scinool zone speed limit is not being enforced which had resulted iso four wrecks in front of his residence within the past year. He further complained that the trash pick-up had not been regular,, and due to a disagreement between himself and the collectors, trash os not being picked up at ali. City Manager Townsend advised that the traffic hazard complained of and the speeding violations would be investigated and c. report made to Mr. Jolis. Fie explained the weed control policy of the City which Mr. Jolis did nov accept. Mr. Ear! Carter, 4957 Nell Street, complained that the screening fence which had been required to be constructed and maintained along Delphine Street between his property and Robo's Car Wast'-, had been, destroyed and tact replaced; also that there is no fence separating Nolan's Resdtaurant from his property and garbage and debris is permitted to stack up over the containers- and blow against his and Hs neighbor's fences. He stated the area is infested with rats and has become a serious nuisance and health hazard. City Manager Townsend stated he was familiar with this problem, pointing out that when the area was replatted to allow a driveway from the car wash, the owners were required to construct and maintain the screening fence which was done but had blown down during Celia and had not been replaced, The Council instruhted the City Attorney to file a law suit against the owners of Robo's Car Wash to enforce the fence requirement, Mrs. F. 0. Love, 213 Kleberg, stated she felt the. City had neglected Corpus Christi Beach regarding the cutting of weeds and clearing vacant lots. She stated they were very bad in this area and were a health hazard .,ince many people are allergic to them, Mayor Pro Tem Acuff stated Srhis would be investigated, and recommended that a research study be made for a more efficient method of clearing vacant Tots of weeks and debris. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the City Manager be authorized to negotiate a contract with the firm of Maverick -Engineering Company for the prepara- tion of a Master Plan For water, wastewater and drainage facilities on Corpus Christi Beach. City Mananger Townsend reported that the City will not appeal the ruling of Judge Paul A. Martineau in 28th District Court, granting an injunction to Central Power and Light Company • • Minutes Regular Council Meeting September 12, 1973 Page 19 allowing the Company to put into effect the rate increase it had been seeking, but will press for o speedy trail. He pointed out that a motion is not necessary, but unless the Council indicated opposition to this decision, the Legal Staff would not file for an appeal. There being no further business to come before the Council, the meeting was adjourned at 6:00 p.m., September 12, 1973.