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HomeMy WebLinkAboutMinutes City Council - 10/17/1973PRESENT: 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 17, 1973 2:00 P. M. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Pro Tem James T. Acuff called the meeting to order in the temporary absence of Mayor Luby. The Invocation was given by Commissioner Branch in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Stark and passed, that the Minutes of the Regular Council Meeting of October 3, 1973 be approved as submitted to the Council. Proclamations were issued relative to the following: HEALTH FAIR DAYS, October 17, 18, 19 and 20, 1973; DRUG ABUSE PREVENTION WEEK, October 21 through 27, 1973; and VETERANS DAY, October 22, 1973. Mayor Luby reported at the meeting and called for the City Manager's Reports. City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That a public hearing be held on October 31, 1973 on a proposal to name that portion of County Road 67A, extending from County Road 624 along Calallen High School, as Wildcat Drive, and that portion of County Road 54A, extending west from Calallen Drive along Calallen Elementary School, as Teague Lane. This area was annexed by the City on August 22, 1973. The proposal has been circulated through the affected City Departments and there are no objections. b. That bids be received at 11:00 a.m., Tuesday, November 6, 1973 on the following items: (1) 790 square feet of raised floor for the new computer (2) 41 specimen storage cabinets and 185 specimen trays for the Corpus Christi Museum (3) Two 61' self-propelled rotary mowers for the Park Division. c. That a contract be awarded to Federal Copper & Aluminum Company, Minneapolis, Minnesota, for an estimated six months supply of copper pipe in various sizes on the basis of their low bid meeting specifications of $19,060.95. • Minutes Regular Council Meeting October 17, 1973 Page 2 Bids were received from three firms. Price comparison shows an increase of 32% from last year. The apparent low bid of Norvell-Wilder Supply Company did not meet specifications because the price quoted was not firm. (Bid Tab. #73-73) d. That the contract for Norton Street Storm Sewer Improvements be accepted and final payment of $18,632.44 be made to the contractor, Slovak Brothers. The project has been completed within the allotted time. The project was jointly financed by the City and the Department of Housing and Urban Development. The total cost was $94,222.00. e. That Parcel No. 35 of the South Staples Street Project from Padre Island Drive to Saratoga Boulevard be purchased from Mr. and Mrs. Glenn W. Beardsley for $2,150.00 which is $1,380 over the original appropriation. This recommended settle- ment in lieu of condemnation is based on an updated opinion of market value by Paul J. Koepke, appraiser, and assumes that Mr. and Mrs. Beardsley will not be assessed for paving costs for 20 years but will be assessed for curb, gutter and sidewalk. Ordinance No. 10366, dated July 21, 1971 previously appropriated $770.00 and thus, an additional appropriation of $1,380 is requested. f. That $6,997 be appropriated for the Award of Special Commissioners, Commissioners fee and appraiser's fees for the acquisition of Parcels No. 13 and 14 of the South Staples Street Project, Padre Island Drive to Saratoga from Mr. Lawrence Berger, et al. This appropriation supplements a previous appropriation authorized by Ordinance No. 10784, dated April 5, 1972. Of the $6,997, $6,480 is acquisition of Parcel No. 13, and $440 is for Commissioners fees and appraiser's fees. g. That a settlement agreement be authorized with Mrs. L. G. Seward, Dispatcher, to compensate for salary differentials ($1776) between the classification of Dispatcher and Fire Alarm Operator from March 24, 1972 when the Equal Employment Opportunity Act was passed, to August 24, 1973 when the alarm office staffing was modified to include a Dispatcher and fire alarm Operator in each shift. h. That the City Manager be authorized to submit to the Criminal Justice Council a grant application to continue the Police Community Relations Program and to sign the grant if offered. The grant is for $137,714 of which $117,907 represents requested Criminal Justice Council participation and $20,807 is the City's local cash contribution. The grant will extend the program through December 31, 1974. The program presently employs one Lieutenant, one Sergeant, three Patrolmen, one • • Minutes Regular Council Meeting October 17, 1973 Page 3 Clerk-Stenographer,and five Civilian Community Service Officers. The grant appli- cation requests an additional Patrolman. i. That the City Manager be authorized to submit an application to the National Council on Aging, Inc., and to execute all related documents for the establishment and funding of a Senior Age Program to provide job opportunities on a part-time basis for underemployed and unemployed people 55 years of age and over. Job sites would be with social service agencies or other non-profit agencies provid- ing a direct service to people. Jobs will be provided for 30 enrollees who will be paid $1.60 per hour. The National Council on Aging will provide 100% of the cost of $58,482. The program is to be administered by the City's Senior Community Service staff. j. That a drilling permit be approved for Forest Oil Corporation for a regular location to a depth of 11,000 feet as a straight hole in State Tract 786, Nueces Bay. k. That plans and specifications for Electrical & Air Conditioning Modifi- cations to the eighth floor of the Jones Building be approved and bids be received November 7, 1973. The work consists of the extension of additional electrical power supply and installation of an air conditioning unit to accommodate data processing equipment on the eighth floor of the Jones Building. 1. That plans and specifications for finishing the second floor of Park- dal Library and the old fire alarm room in La Retama Library be approved and bids be received November 14, 1973. The work includes, at Parkdale the installation of new flooring, ceiling, stairway and book lift and small related items, and at La Retama, the plastering and painting of the walls, new lighting, new ceiling and floor and removal of an existing concrete pedestal. $30,000 has been appropriated from Fourth Entitlement Period Revenue Sharing Funds for this project and other work. m. That plans and specifications for drainage improvements to the Six Points area be approved and bids be received on November 7, 1973. This 1972 bond election project involves a storm sewer in South Alameda from Louisiana to the Six Points area, removal of a number of grade inlets and the interconnection of thissystem with the present drainage system. The project has been discussed with the Six Points Merchants Association who have asked that work not begin until after the Christmas Holidays and the specifications so -provide. • • Minutes Regular Council Meeting October 17, 1973 Page 4 n. That a contract be awarded to C I A Machinery, Inc., San Antonio, Texas, for one truck mounted crane for the Water Division on their low bid meeting specifications of $9,679.10, with installation to be done by the City. Four companies submitted lower bids which did not meet specifications. A winch capable of lifting 5,000 pounds at a cable speed of at least 75 feet per minute was specified. The bids of thes4 four companies did not meet this requirement. Bids were received from 7 firms and no price comparison is available because a like item has not been purchased previously. (Bid Tab. 74-73) o. That Ordinance No. 11147, dated November 1, 1972, be corrected to vacate the alley located between Lot 1, Block 2, Temple Addition; Lot 1, Block 2, Crockett Heights; Lot 1, Block 1, San Diego Addition, and Lot 1, Block 8, Casa Blanca Addi- tion, to each of the abutting property owners. The original ordinance vacated the alley to three of the four abutting property owners even though the intent was to vacate the alley to all four abutting. The owner omitted was the applicant for the closing. The alley is parallel to Belton between Sarita and MacArthur. p. That a contract be approved with Nueces County Mental Health and Mental Retardation to provide that they will continue their child and youth mental health services and their drug abuse programs, and that the City will contribute $2,500 per month of which $416.67 per month will pass through for programs of the Corpus Christi Council on Alcoholism. q. (Recommendation that the ordinance passed on Second Reading September 26, 1973, to amend the Platting Ordinance - considered separately - see subsequent motion) r. That the City participate through the Recreation Division in the Corpus Christi Arts Council's proposed program for a "do it yourself" exhibit and creative workshop for children of elementary school age in April 1974. The program includes participation by the Junior League, Hadassah, the Corpus Christi Independent School District, and others. It will extend over ten days and reach approximately 7,000 children. The City's share of the $6,800 total cost will be $1,900. s. That a"public hearing be held on Friday, November 2, 1973 at 3:30 p.m., Special Meeting, on the request of Southwestern Bell Telephone Company for a rate increase. t. That the ordinance increasing natural gas rates passed on first read- ing last week be amended by adding a fuel adjustment clause and a gas curtailment • Minutes Regular Council Meeting October 17, 1973 Page 5 clause stating that some commercial and industrial consumers may face gas curtail- ment if natural gas supplies are insufficient to meet demand. u. That the final payment of $13,221.10 authorized October 10, 1973 to the Registry of the Court, which represented the final amount due Manson Industries, Inc. for Hurricane Celia Repairs to International Airport and which included the deduction of $1,225.00 for liquidated damages, be amended:to:reflect the final payment accepted by the District Court based on a final payment of $11,691.20 with no liquidated damages, $560 for additional plaster work authorized by the City, and $969.90 for interest since the date of completion of the work, for a total of $13,221.10. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the City Manager's Reports, Items "a" through "u" (Item "q" considered separately), be accepted, and the requests and recommendations be granted and approved as presented by City Manager Townsend. City Manager Townsend presented Item "q" excepted in the foregoing motion as follows: Recommendation that the ordinance passed on Second Reading to amend the Platting Ordinance be amended on Third Reading to provide the following: (1) That certification by a professional engineer registered in the state of Texas be required of all tests and that the City be provided with two copies of each testing report. (2) That the subdivider be required to take care of drainage from all adjacent property whether platted or not. First Reading required that only drainage from adjacent platted property be taken care of. (3) That the maintenance warranty not be required to include acts of God or damages caused by utility operations and that the subdivider be given the option of providing the City with a performance bond for the purpose of assuring corrections as a result of defective materials and workmanship. First reading held the subdivider responsible for all failures regardless of cause up to 3% of the cost of street, curb and gutter. (4) That the compaction method of compacting the base material be clarified in accordance with ASTM procedures. • (5) That the method of payment of thei:testing fee for subdivisions be changed to require the subdivider to reimburse the City for the testing fee before the subdivision is accepted for maintenance and operation and not before construction commences in the subdivision as was the case when the second reading was held, and that the contractor be authorized to order the testing if the City Inspector is not available within two hours after the notification and that the contractor be responsible for re -testing if the City Inspector determines that it be necessary. Mr. Jim Pair, 1221 South Brownlee, representing a local mortgage company, spoke in protest of the maintenance warranty clause of the proposed ordinance, • • Minutes Regular Council Meeting October 17, 1973 Page 6 stating it would put an unreasonable burden on the developers, and that higher standards for street construction would solve the problem the ordinance seeks to eliminate. He pointed out that a subcommittee of the Planning Commission had been appointed to work with the Engineering. Department to study the matter, and had made a recommendation that the quality of street construction in subdivisions be upgraded but did not recommend the warranty requirement. He stated there are many other things besides workmanship and materials that cause damage,and that it would be very difficult to prove that the streets of a new subdivision had failed because of poor workmanship and materials. He requested that this section of the ordinance be deleted. Commissioner Branch stated he favored the performance bond requirement commenting that if it had been required when the Hillcrest improvements were made, the City could have avoided the repair work now being done. He emphasized that if the developers' workmanship and materials are good and hold up the first year, then they have nothing to worry about, and if not, the City will have a basis for enforcing the warranty requirement. Mr. Pair stated that heavy cement trucks and other equipment are responsible for much of the damage to new street construction and over which the developers have no control. He stated the construction would have to have the same specifi. cations as expressways to withstand this type of traffic, He suggested that there be some kind of regulation for operation of heavy equipment on residential streets. He pointed out that the builder is as interested ingood streets as the City but felt the testing:should be done during construction, and when accepted and approved by the City, the City should share the responsibility. Mr. Edgar Moore, home builder, spoke in protest to the performance bond requirement stating it would add to the final cost o£ new homes, that he felt it should be the responsibility of City Inspectors to detect faulty work before it is accepted and if, after testing, construction is approved, then it should be the City's responsibility to repair it. He complained that this is just one more financial burden being placed on the developer making it more difficult to build houses the majority of people can:afford. Be estimated it would add at least $100 to the cost per lot. He stated he concurred with statements : r. lair that the warranty sectionstf *he imrdinance would be slilfAustit -to.ance,-should be • Minutes Regular Council Meeting October 17, 1973 Page 7 deleted, and further study made for regulations with which both the City and the builders could live. He questioned if the staff could be setting the standards high with the expectation of making a compromise. Mayor Pro Tem Acuff pointed out that a lot of the causes for faulty streets would be eliminated by the upgrading of materials and workmanship, but that he did not feel the City should have to bear the burden of repairing streets which did not hold up for one year. Mayor Luby stated he agreed that these arguments are valid and the proposed ordinance would place too much responsibility on the developers and felt it should be tabled for more study. Mr. John Keltner, developer, spoke in opposition to the performance bond stating the streets are damaged by cement trucks and other heavy equipment; that if the developer builds according to specifications he should not be required to assume the burden for a situation over which he has no control. He stated if the specifications are not sufficient then they should be changed and the City should enforce compliance. He stated he felt the ordinance needs more study and that those most involved should be included in this study. Mr. Sam Crecelius, developer, spoke in opposition to the warranty requirement on behalf of those concerned, stating City equipment is responsible for much of the damage, there is a lack of coordination as to the specifications and inspec- tions of completed work, and that City engineers are in a better position and best qualified for this task. City Manager Townsend explained that the subcommittee of which Mr. Pair referred was made up basically of developers and home builders. He explained the purpose of the ordinance and stated he had no objections to this section being tabled, but if there is to be more study the Staff will need guidance as to its role and the Council should indicate whether or not they favor some kind of warranty or no warranty. Motion by Stark, seconded by Ricardo Gonzalez and passed, that Paragraph 3 of the City Manager's recommendation relative to a performance bond be deleted and this section of the ordinance be given more consideration; that the Platting Ordinance Amendment, read on the first two of three readings on September 19, 1973 and September 26, 1973, be amended as follows prior to its final reading: • Minutes Regular Council Meeting October 17, 1973 Page 8 (1) In the caption, the 10th line, the second work, "Contractor", be deleted and in lieu thereof, add the work "Engineer"; in the 25th line, the sixth, seventh and eighth words be deleted and in lieu thereof adding the following words "rear of the lot". (2) On page 2, item numbered 2, in the 18th,19th and 20th lines, delete the words "concerning public utilities to be installed showing proposed position on the ground, specifications". (3) In Section 3, Item 1, in the 23rd line,following the word "ninety" and before "percent" add "eight", thereby reading "ninety-eight percent (987)"; deleting the words "maximum modified in lines 23 and 24, and adding the following words following "proctor density" in the 24th line: ",(AASHO T-99-57) method D." (4) On page 3, in the first paragraph at the top of the page, in line 6, add following the word "above", the following: "material. A three course sur", said sentences to hereafter read as follows: "All street types designated as Residential or Marginal Access Streets shall be surfaced with a minimum of one and one half (1 1/2) inches of the above material. A three course surface treatment (Item 324) may be used in lieu of the above described surface materials for Resi- dential Streets, Marginal Access Streets or Alleys." (5) On page 3, Section 4, item "e", first sentence of the paragraph, add the'word "construction" following "used in subdivision". Correct the last sentence of the second paragraph to read: "The cost for such testing fee will be paid by the developer to the City prior to the City accepting the subdivision for maintenance and operation." Delete from the 3rd paragraph of item "e", from lines 10 and 11, following the words "be sent to the Engineer" the following: "before any construction is commenced." Add the word "minimum" in the last line on page 3, between the words "following" and "ratio". (6) Amend the first two paragraphs at the top of page 5 to hereafter read as follows: "The City's representative on the job shall notify the testing lab when tests are to be taken. If the contractor cannot locate the City's representative within a reasonable period of time (2 hours) he may contact the Engineer or his representative who may then, after he has inspected the work, authorize the testing lab to take tests at the subdivision site. In the event neither the Engineer or the City's representative • • Minutes Regular Council Meeting October 17, 1973 Page 9 is available within two hours, Contractor may order the lab test. Provided, however, if it is necessary to -re -test, such re -testing -shall be at Contractor's expense. Except as otherwise provided above, it is the intent of the City that the Contractor not contact the lab for the purpose of requesting routine tests. The scope of testing of materials incorporated in subdivision construction is not necessarily limited to those tests outlined above. In the event of unusual conditions or other factors which may give the City reason to question the quality of the material, in•any portion of the subdivision, the City will have the right`to order such additional tests as are necessary at the City's expeiS0' However, the City will consult with the Engineer on reasons for such additional tests before a testing lab will be asked to conduct such tests. All testing in accordance with these requirements will be performed in accordance with the American Society of Testing Materials (ASTM) latest revision, and/oras elsewhere provided in approved plans and specifications for the subdivision. The City will require all subdivision test reports to be certified by a Registered Professional Engineer (Texas Registration) and will further require that the City be furnished a minimum of two (2) copies of testing reports. Further, the Engineer shall provide the City, for the testing laboratory, a set of plans and specifications as well as a tabulation showing the estimate of quantities of material in the subdivision." (7) Delete from the second paragraph of Item "f", the first two lines thereof, and inserting in lieu thereof the following: "If drainage from adjacent property", the said second paragraph to hereafter read as follows: "If drainage from -adjacent property crosses such subdivision, drainage from adjacent property will be physically diverted to adequatedrainage facilities or handled with the runoff from the subdivision itself." (8) Delete Section 5 in its entirety and upnumber thesucceedingsections as sections as Sections 5 and 6. Mayor Luby announced the Council would at this time hold public hearings on zoning applications. City Manager Townsend presented Application #873-3, Jesse Del Valle, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lot 191, Baymoor Addition, located on the southwest corner of Baymoor Boulevard and Ebony Street at I.H. 37. The request was heard by the Planning Com- mission August 21, 1973 and forwarded to the Council with the recommendation that it be denied but in lieu thereof a special permit be granted according to the site plan approved September 18, 1973 for a triplex subject to connection of the two buildings. The Staff's recommendation was for denial on the basis that apartment zoning would only increase the density and subject more people to the hazardous • • Minutes Regular Council Meeting October 17, 1973 Page 10 condition that exists adjacent to the north. Mr. Townsend reported that two letters had been received after the Planning Commission hearing in opposition and two in favor of the request. A representative of the applicant was present and stated the special permit as recommended by the Planning Commission would be acceptable. No one appeared in opposition to the foregoing request. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Tom Gonzales and passed, Luby and Acuff voting "Nay", that the recommendation of the Planning Commission be concurred in and Appli- cation #873-4, Jesse Del Valle, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lot 191, Baymoor Addition, located on the southwest corner of Baymoor Boulevard and Ebony Street at I.H. 37, be denied but in lieu thereof, a special permit be granted according to the site plan approved by the. Commission September 18, 1973 for a triplex subject to connection of the two buildings, and that an ordinance be brought forward effectuating the special permit. City Manager Townsend presented Application #973-7, Lynn Gray (Jim Wheeler, Trustee), for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on the southwest 749.89 feet of Block 4, J. C. Russell Farm Blocks, located on the northeast corner of South Padre Island Drive and Bear Lane. The request was heard by the Planning Commission September 18, 1973, and referred to the Council with the recommendation that it be approved with the applicant filing voluntary deed restrictions on uses which would be objectionable to the adjacent school and residential properties in the area. The Staff's opinion was that the "I-2" would be an intrusion into a residential area and would have a detrimental effect on development around and adjacent to the Weat Oso High School complex. Mr. Townsend stated he finds it difficult to understand how an intrusion into a resi- dential area esi-dential.area could be considered a logical extension of "I-2" zoning. He explained that this entire area was considered with a master plan development in mind; that when Baldwin Farms Tract was divided, a land use plan of the entire area was con- sidered and industrial zoning was left next to Highway 44 and business zoning along Padre Island Drive; that it was the plan that the balance of the area be considered as residential; and that the area across from the golf course to a strip one-quarter of a mile off Highway 44 was down -zoned t� residential at the request of the owner of Baldwin Farms. • • Minutes Regular Council Meeting October 17, 1973 Page 11 Commissioner Ricardo Gonzalez pointed out that it is logical that the school system would be in favor of the zoning request for the increased taxation for support of the system. He pointed out that there had been no growth in this area other than Village on the Green and West Haven for sometime. Mr. R. S. Garza, superintendent of West Oso School, spoke on behalf of the Board of Trustees, stating they were definitely in favor of the "I-2" zoning as requested. He pointed out that there had been no development of the "B-4" and "R -1B" for three years; that there was a barricade on Bloomington and the street had not been opened. He stated the school needs the tax funds and asked that the request be granted. He explained that they have a buyer for the property who proposed to develop the land with the objectionable uses removed. City Manager Townsend raised the question as to whether or not the applicant was aware that residential uses may be excluded from the "I-2" classification, and whether or not the applicant had stated at the Commission hearing his proposed use of the land. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, Acuff voting "Nay", that the foregoing Application #973-7, Lynn Gray (Jim Wheeler, Trustee), be tabled pending a statement from the applicant as to the intended uses of the land, also that restrictions against the sale of alcoholic beverages be added to the 12 restrictions to be filed. City Manager Townsend stated the barricade on Bloomington Street will be investigated with the view of opening the street. City Manager Townsend presented Application #973-8, John Tucker, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on Lot 1, Block 1, Congress Place Unit 2, located on the northeast corner of Weber Road and Capitol Drive. The request was heard by the Planning Commission September 18, 1973 and forwarded to the Council with the recommendation that it be approved as a logical use of the property. The Staff recommended denial. Mr. Townsend stated three letters had been received since the Commission hearing in opposition and two in favor. A resident of adjacent property spoke in opposition to the requested change on the basis that there is no protection against future uses of the property, would create more traffic along Weber Road, would not enhance property values, would be an encroachment into an established residential area, and contrary to the overall • • Minutes Regular Council Meeting October 17, 1973 Page 12 plan of the neighborhood. Mr. John Waller,.attorney representing the applicant, stated there had been some confusion on the part of those who opposed the request at the Commission hearing as to the use ofthe property. He pointed out that the applicant owns the property across Capitol Drive and the Tract on the northeast corner of Saratoga and Weber Road, is planning development of these areas and would not have requested this zoning if it is detrimental to the sale of the other lots. He stated that since obtaining the "R-2" on the property of request he has found that townhouse market is not as good as it was a year or so ago, that a survey of residents shows that more are in favor than against and some who sent letters in opposition are now in favor. He pointed out that under the "R-2", 2-1/2 story building may be constructed and his client would agree to deed restrict limiting construction to two story, and stated the fence requirement would be complied with. Motion by Stark, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the recommenda- tion of the Planning Commission be concurred in and Application #973-8, John Tucker, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on Lot 1, Block 1, Congress Place Unit 2, be approved and an ordinance be brought forward effectuating the change subject to the filing of deed restrictions limiting the height of buildings to two story. It was agreed that the Traffic Engineering Department would work with the applicant relative to ingress and egress of the property. City Manager Townsend presented Application #973-9, C. R. Payne, J. R. Pritchett & Bruce Anderson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on 117.8 acres of land out of Survey 406, Abstract 963, Nueces County, located between Rand Morgan and Clarkwood Roads, south of Sedwick Road. The request was heard by the Planning Commission September 18, 1973, and forwarded to the Council with the recommendation that it be approved on the basis of the Staff's recommendation that this area is interlaced with pipe- lines and abandoned oil wells and is in the approach zone of the Airport which is not desirable for residential uses. No one appeared in opposition to the recommendation of the Planning Commission. • Minutes Regular Council Meeting October 17, 1973 Page 13 Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and Application #973-9, C. R. Payne, Jr., J. R. Pritchett & Bruce Anderson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on 117.9 acres of land out of Survey 406, Abstract 963, Nueces County, be approved, and an ordinance brought forward effectuating the change. City Manager Townsend presented Application #973-10, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lot 3, Block 2, Carmel Village, located on the east side of Grossman Drive south of Carmel Parkway. The request was heard by the Planning Commission September 18, 1973, and forwarded to the Council with the recommendation that it be approved as a logical extension of "R-2" zoning along the northeast side of the street. The Staff concurred in this recommendation. Mr. Townsend explained that it was the understanding that the lots would be deed restricted to one story buildings and new construction and that the approval of the Commission had been with that understanding. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #973-10, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on lot 3, Block 2, Carmel Village Village, be approved and an ordinance be brought forward effectuating the change subject to the filing of deed restrictions limiting the construction to new one-story buildings. Mr. Townsend presented Application #973-11, City of Corpus Christi, Texas, for change of zoning from "R-2" Two-family Dwelling District and a Special Permit to "AB" Professional Office District on Lots 2 thru 4, Block 6; and Lots 1 thru 5, Block 5, Alameda Park, located on the south side of Avalon Street between Everhart Road and Robert Drive. The request was heard by the Planning Commission September 18, 1973, and forwarded to the Council with the recommendation that it be denied on the basis that it would be an intrusion into a residential area and the property • • Minutes Regular Council Meeting October 17, 1973 Page 14 owners in the area are opposed. The Staff's opinion was that the existing "R-2" provides -a good transition type zone and since the "AB" was granted on one end of the block and a special permit on the other, the "AB" would be an extension of the existing "AB", would serve.as a good transition without having -an adverse effect on the area, and on that basis recommended approval. He reported that since the Commission hearing, three letters had been received in opposition, and a petition containing 11 signatures and nine letters indicating their approval of the request. Mr. Ken Yarborough, attorney representing Mr. Paul Hamon, et al, owners of the property, explained that it is a logical extension of the existing zoning, pointing out that they had been granted 'AB" and a special permit on a portion of the tract. Hepointedout on a map those property owners'who areinfavor, and stated some of those who had been opposed were now in favor because they had been under the impression their property would also become "AB" usage and would have to move their houses. Mr. Paul Hamon spoke in favor of the request, stating he had talked to Mrs. Emma Hicks last night and when advised that she would not have to move her resi- dence, she had signed the petition in favor. City Manager Townsend pointed out that letters had been received from both Mrs. Hicks and Mrs. Munroe Miller in opposition, and that they would have to withdraw these letters of opposition if they wished to be recorded in favor. Mr. Hamon agreed there was a traffic problem in the area and the City should take steps to create a one-way street pattern on Avalon. Mr. John Mendleski, property owner of the subject request, including the first four lots of the shopping center, stated a special permit was granted for a parking lot and he planned to construct the parking. He stated he would favor the change of zoning rather than the special permit. Mr. Townsend inquired of Mr. Mendleski if he was aware that he would loose his Special Permit for the park- ing lot if the zoning change request is granted. Mr. Mendleski stated he already has his permit for the parking lot. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Motion by Branch, seconded by Acuff and passed, that Application #973-11, City of Corpus Christi, be tabled pending a Staff survey of persons residing on properties from Everhart to the location of the Special Permit to determine if they are aware that they would not have to move if the zoning is granted. • • Minutes Regular Council Meeting October 17, 1973 Page 15 City Manager Townsend announced the public hearing concerning a Text Amendment to Article 20, "I-2" Light IndustrialDistrict Regulations, as follows: Amend Section 20-5 Height and Area -Regulations by adding a new subsection 20-5.02 to read as follows; 20-5.02 There shall be a rear yard not less than ten feet (10') in width on the rear of a lot adjoining "R-lA", "R -1B", "R-2", "A-1" or "A-2" residential districts. Mr. Townsend explained that this proposed amendment was an omission from a previous action, and that the Planning Commission recommended approval. Motion by Stark, seconded by Acuff and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the foregoing pzaposed Text Amendment be approved and an ordinance be brought forward effectuating the amendment. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Armador Basuldua, 4544 Sharpsburg Road, appealed to the Council to take some action to correct the flooding of his property located near Calallen. He stated that the staff personnel had been out to view the situation since his appearance before the Council last week, but nothing had been done. He stated he had been forced out of his home for two days as a result of recent rains, and maintained that the flooding is from the river. He presented pictures of the flooding condition. City Manager Townsend stated he would go in person. and see if there is anything the City can do to alleviate the drainage problem. Mr. Basuldua stated a ditch in front of his house would help. Director of Engineering and Physical Development James K. Lontos stated he had investigated the complaint in the past week and the conclusion was that the water is coming from the -river. Mrs. W. B. Carter, owner of the Capri Motor Inn on Corpus Christi Beach, complained of a flooding condition at the location of her Motel, stating that it was the fault of the City in not providing protection from the boat ramp located in the area. She stated she had failed in an attempt to get the staff there during high tide to view the condition at its worst. She appealed to the Council to install a drainage system on Corpus Christi Beach to handle the overflow which • Minutes Regular Council Meeting October 17, 1973 Page 16 she stated could and should be done. She stated they did not have the problem until the Channel was widened and 600 feet of the jetties removed. City Manager Townsend explained that the removal of the portion of the jetty was in connection with a joint County and City project. He explained how the drainage plan of Corpus Christi Beach was to be coordinated with the overall Beach Restoration Program through use of Bond funds. Mayor Luby and Mr. Townsend pledged their personal attention and support in all efforts to correct the drainage problems on Corpus Christi Beach. Motion by Stark, seconded by Branch and passed, that Mr. David M. Hanger be appointed to replace Mr. Carroll Hudson on the Bay Drilling Committee. • • Minutes Council Meeting October 17, 1973 Page 17 SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH LONZO B. TOMERLIN COVERING 3.937 ACRES BETWEEN HEARN ROAD AND MAGEE LANE, BEING OUT OF THE GREGORIO FARIAS GRANT, ABSTRRACT NO. 592, MORE PARTICULARLY DESCRIBED HEREINAFTER, SAID LAND TO BE FOR GRAZING PURPOSES, COVERING A FIVE-YEAR TERM, BEGINNING OCTOBER 15, 1973 AND ENDING OCTOBER 14, 1978, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON PORTIONS OF CRAIG STREET AND OCEAN DRIVE, AS MORE FULLY DESCRIBED HEREINAFTER; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye','. Motion by Stark, seconded by Acuff and passed, that the gas rate ordinance read on the first of three readings on October 10, 1973, be amended, prior to its second reading, as follows: On page 2, under INCENTIVE AIR COOLING S. CONDITIONING RATE and under CHURCH, SCHOOL, HOSPITAL & GOVERMENTAL AGENCY CUSTOMER RATE delete the following: "(Effective October 25, 1973)". Add new Sections 2 and 3, reading as follows: SECTION 2. Purchased gas adjustment. These rates are subject to gas cost adjustments as follows: Rates will be adjusted by the City on or before the 10th day of the month following the month of receipt of billing from the supplier, in the event the average cost to the City exceeds 30 cents per MCF. SECTION. 3. Interruptions. Deliveries of gas to commercial or industrial consumers may be interrupted or curtailed in case of shortage or threatened shortage of gas supply from any cause whatsoever, to conserve gas for the residential and other customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction of gas supply of the City. • • Minutes Council Meeting October 17, 1973 Page 18 Renumber the present Sections 2, 3 and 4 as Sections 4, 5 and 6, respectively. On page 3, old SECTION 2, now numbered SECTION 4, will read as follows: "SECTION 4. The rates established by this ordinance shall become effective with Cycle 1 of the November, 1973 billing." SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS OR CONSUMERS OF THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY AMENDING SECTION 38-46 SO AS TO PROVIDE A NEW SCHEDULE OF RATES FOR ALL CUSTOMERS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third read ng as amended by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING CHAPTER 34, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTIONS 34-25, 34-26, 34-27 AND 34-28 THEREOF, SO AS TO REGULATE THE CONSTRUCTION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHT OF WAY; REGULATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE PROPERTY FROM PUBLIC RIGHT OF WAYS; PROVIDING FOR PERMITS AND FOR SPECIFICATIONS; PROVIDING FOR VARIANCES IN CERTAIN CICUMSTANCES; REPEALING CITY ORDINANCE NO. 4212, PASSED AND APPROVED ON MAY 11, 1955 AND ORDINANCE NO. 4509, PASSED AND APPROVED ON APRIL 18, 1956; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11739 THIRD READING AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, ENTITLED "INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES", BY AMENDING THE LIMITS ON CERTAIN AREAS OF SOUTH PADRE ISLAND DRIVE (S.H. 358), YORKTOWN BOULEVARD, FLOUR BLUFF DRIVE, WALDRON ROAD, LAGUNA SHORES ROAD, AND S.H. 358 (PADRE ISLAND DRIVE), AS MORE FULLY HEREINAFTER SET OUT; PROVIDING FOR SEVER- ABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11740 THIRD READING OF AN ORDINANCE AMENDING SECTION 21-69 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING AN ITEM THERETO SO AS TO DECREASE THE SPEED ON ALI, OF THE PARK ROADS IN WEST GUTH PARK TO 20 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. • • Minutes Council Meeting October 17, 1973 Page 19 The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11741 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE IH, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF AYERS STREET BETWEEN NORTON STREET AND PORT AVENUE AND ON THE WEST SIDE OF AYERS STREET BETWEEN ROOSEVELT DRIVE AND PORT AVENUE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11742 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, AS AMENDED, SO AS TO AMEND SECTION IV - DESIGN STANDARDS, SUBSECTION A, ITEM 14, SO AS TO HEREAFTER PROVIDE FOR MINIMUM STREET GRADE OF TWO-TENTHS OF ONE PERCENT (0.2%); AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION A, ITEM 2, BY MAKING PROVISION FOR FILING WITH THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT OF THE CITY BY THE ENGINEER, BEFORE COMMENCING STREET IMPROVEMENTS OR CONSTRUC- TION, A FULL SET OF PLANS SHOWING ROADWAYS, CROSS-SECTIONS, UTILITY PLACEMENT, SLOPE FOR DRAINAGE AND ANY OTHER PERTINENT INFORMATION; AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION B, ITEM 1, SO AS TO HEREAFTER PROVIDE FOR GREATER MINIMUM COMPACTED THICKNESS OF STREET BASE MATERIALS AND PROVIDING FOR ASPHALT PAVEMENT DEPTH TO BE ONE AND ONE HALF INCHES (1-1/2") THICK FOR RESIDENTIAL STREETS AND TO BE TWO INCHES (2") THICK FOR MAJOR THOROUGHFARES; ADDING TO SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION B,,4NEW ITEM, 1fe), ADDING PROVISIONS FOR LABORATORY TESTING ADMINISTERED BY CITY WITH COSTS THEREOF TO BE BORNE BY DEVELOPER, AND ADDING A NEW ITEM, 1(f), PROVIDING FOR GRADING OF BUILDING LOTS TO RISE ONE FOOT FROM THE STREET TO THE REAR OF THE LOT TO INSURE BETTER DRAINAGE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICA- TION. as amended The foregoing ordinance was read for the third time and passed finallyby the fco wikg vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11743 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $1,380 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10336, DATED JULY 21, 1971, FOR THE ACQUISITION OF PARCEL NO. 35, SOUTH STAPLES STREET PROJECT, FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, PROJECT NO. 220-70-107, FROM THE OWNERS, GLENN W. BEARDSLEY, ET UX; AND DECLARING AN EMERGENCY. Minutes Council Meeting October 17, 1973 Page 20 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11744 APPROPRIATING $6997 OUT OF NO. 220 STREET BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10784, PASSED AND APPROVED ON APRIL 5, 1972, FOR ACQUISITION OF PARCELS 13 AND 14, SAID SUPPLEMENTAL APPRO- PRIATION TO INCLUDE $6480 ADDITIONAL COMPENSATION FOR PARCEL 13 AND $77 ADDITIONAL COMPENSATION FOR PARCEL 14, IN ACCORDANCE WITH THE AWARD OF SPECIAL COMMISSIONERS, AND TO PROVIDE FUNDS FOR SPECIAL COMMISSIONERS' FEES AND APPRAISER'S FEES, ALL IN CONNECTION WITH ACQUISITION OF THE ArORE- SAID PARCELS FROM LAWRENCE J. BERGER, ET AL, IN CONNECTION WITH SOUTH STAPLES STREET IMPROVEMENTS, PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, PROJECT NO. 220-70-107; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11745 AUTHORIZING THE CITY MANAGER TO EXECUTE SETTLEMENT AGREEMENT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PROVIDING FOR FINAL SETTLEMENT OF MATTERS IN CONTROVERSY IN CHARGE OF DISCRIMINATION NO. TSA3-0710, A COPY OF SAID SETTLEMENT AGREEMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11746 AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT APPLICATION TO THE CRIMINAL JUSTICE COUNCIL TO CONTINUE THE POLICE COMMUNITY RELATIONS PROGRAM THROUGH DECEMBER 31, 1974, A COPY OF WHICH APPLICATION IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND AUTHORIZING THE EXECUTION OF THE GRANT, IF OFFERED, AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY IN ORDER TO CONTINUE THE SAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol lowing vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11747 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE NATIONAL COUNCIL ON AGING, INC., AND TO EXECUTE CONTRACTS AND SUCH OTHER RELATED DOCUMENTS AS MAY BE NECESSARY IN ORDER TO UNDERTAKE THE ESTABLISHMENT OF • Minutes Council Meeting October 17, 1973 Page 21 A SENIOR AGE PROGRAM, ALL AS MORE FULLY SET FORTH IN THE APPLICATION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11748 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES COUNTY MENTAL HEALTH - MENTAL RETARDATION COMMUNITY CENTER UNDER WHICH THE CENTER WILL CONTINUE THEIR CHILD AND YOUTH MENTAL SERVICES AND THEIR DRUG ABUSE PROGRAMS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO- PRIATING AND REAPPROPRIATING OUT OF THE GENERAL FUND RESERVE, ACTIVITY 4299, CODE 490, THE SUM OF $30,000 TO CARRY OUT THE TERMS OF SAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the. following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11749 AMENDING ORDINANCE NO. 11147, PASSED ON NOVEMBER 1, 1972, CLOSING THE ALLEY LOCATED BETWEEN LOT I, BLOCK 2, TEMPLE ADDITION; LOT 1, BLOCK 2, CROCKET HEIGHTS; LOT 1, BLOCK 1, SAN DIEGO ADDITION; LOT 1, BLOCK 8, CASA BLANCA ADDITION, TO CORRECT THE FIRST PARAGRAPH FOLLOWING THE DESCRIPTION AT THE TOP OF PAGE 2 OF SAID ORDINANCE 50 AS TO CORRECTLY DESIGNATE THE OWNERS TO WHOM PORTION OF THE ALLEY SHALL BE ABANDONED BY THE CITY; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11750 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 JESSE DEL VALLE, BY GRANTING A SPECIAL PERMIT FOR A TRIPLEX ACCORD- ING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION ON SEPTEMBER 18, 1973 ON ALL OF LOT 191, BAYMOOR ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzclez; r • Minutes Council Meeting October 17, 1973 Page 22 present and voting "Aye". ORDINANCE NO. 11751 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 C. R. PAYNE, J. R. PRITCHETT & BRUCE ANDERSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 117.8 ACRES OF LAND OUT OF SURVEY 406, ABSTRACT 963, SITUATED IN NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL 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: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11752 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS -CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING ARTICLE 20, "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, BY ADDING A NEW SUB- SECTION 20-5.02 SO AS TO PROVIDE FOR NEW REAR YARD REQUIREMENTS AND RENUMBER- ING THE PRESENT SUBSECTION 20-5.02 AS 20-5.03; 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: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned at 6:45 p.m., October 17, 1973.