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HomeMy WebLinkAboutMinutes City Council - 11/28/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 28, 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. City Manager R. Marvin Townsend City Attorney James R. Riggs Assistant City Attorney Jim McKibben 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 Paul Conrad of Prince of Peace Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Acuff and passed, that the absence of Commis- sioner Stark be excused for just cause. Mayor Luby announced the issuance of proclamations designating December 3 through 8, 1973 as KEY CLUB WEEK, and December 3 through 8, 1973, AS PARENT AWARENESS WEEK ON DRUG ABUSE. A representative and secretary of the Corpus Christi Fire Fighters Association, appeared and extended an invitation to the Council and staff to a Western Dance and Show to be held Friday, November 30 in Memorial Coliseum, and presented each member of the Council with free tickets. He explained that the pro- ceeds of the show would be used for Fire Fighters' charities. Miss Tammy Lynn was recognized as one of the artists for the show. Mr. Cuban F. Burbank, Chairman of Patriotic Events of Gregg -Sherrill Post No. 248 of the American Legion, appeared and read and presented a letter -statement to the effect that members of this organization have suggested that in view of the urgent necessity of preserving energies, the eternal Flame of Freedom which was placed in Sherrill Park five years ago to burn continually as a constant reminder to be ever watchful of the blessings of liberty in our Country, not be burned during the present emergency; and further requested that the flame structure be allowed to stand as a reminder that this symbol will be an equal reminder to the community.(Council Exhibit #12-73) Mayor Luby recognized the Student Council of Cunningham Junior High School, and presented Certificates of Attendance to the following: Hector Rodriguez, Debbie Solis, Dolores Cardenas, Robert Gonzales, Thelma Barbosa and Gloria Gomez. The students were introduced by their sponsor, Mrs. Dorthy Grant. •utes ular Council Meeting November 28, 1973 Page 2 • Mayor Luby called for the City Manager's Reports and City Manager Townsend made recommendations with related comments and explanations as follows: a. That bids be received at 11:00 a.m., December 18, 1973 on the 1973-74 requirements of approximately 3,160 passenger, truck, and equipment tires and tubes for Garage inventory. b. That a contract be awarded to International Harvester Sales & Service, Corpus Christi for replacement of two tractor mowers for the low bid of $2,222.00. These mowers are for the Fire Department. Bids were received from four firms. (Bid Tab 86-73) c. That a real estate sales contract be approved with Mr, and Mrs. Manuel C. Garza for the acquisition of Parcel No. 317 of the Corpus Christi Beach Park Sites Project, and that $4,121.50 be appropriated out of Revenue Sharing to cover expenses related to closing. This parcel is part of the acquisition program for the second phase of the Corpus Christi Beach Park Sites Project and the offer is based on the previously approved value. d. That the proposal of Blanton -Yeager, Architects to provide a feasibility study of Dillard's Department Store for use as office space be accepted and that $4,300 be appropriated out of the No. 122 General Revenue Sharing Fund of which $3,675.00 is for the architect's fees and $625.00 is for incidental expenses includ- ing cost of reproducing the building plans and checking the electrical and mechanical systems of the building. e. That the Federal, State and County governments, be exempted from the requirement to pay fees for building permits, electrical permits, and plumbing permits for construction or repair of buildings used, owned, and located on property owned by said governments. The current fee requirements are 50% of the regular fee schedules. Several State agencies have refused to authorize contractors to pay these fees, relying on Texas Attorney General opinions that they are not required to make such payments. f. That the City establish and carry out a Relocation Policy providing financial and other relocation assistance to individuals, families, and businesses displaced by any action of the City. Such policy will include assistance in finding adequate housing and payments of a moving allowance based on the number of rooms occupied by the person or family being displaced and the actual moving expenses for businesses. Usual payments will range from $20 to $300 depending on the number of rooms involved. •flutes Regular Council Meeting November 28, 1973 Page 3 • g. That $550 be appropriated out of the No. 291 Park Bond Fund to provide relocation benefits to families being displaced in the Corpus Christi Beach Park Project and $63,400 be appropriated out of No. 122 General Revenue Sharing Fund to pay relocation expense to individuals, families and businesses displaced by the Bay Front Science Park Project. h. That the City establish a,Housing Rehabilitation Program on pilot basis from December 16, 1973 to July 31, 1974, and that $126,000 be appropriated out of the No. 122 General Revenue Sharing Fund. The program will employ 18 persons out of the existing Neighborhood Improvement staff to assist in rehabilitation, and loan counseling and processing. The project areas will be those generally known as the Austin School area, the Carver -Harlem area, and that portion of Molina not originally covered in the Code Enforcement Program where substantial public improve- ments are either scheduled or underway. i. That the City Manager be authorized to submit two proposals for supple- mental funds to the Governor's Committee on Aging and execute all related documents. The supplemental grants being requested are through Title III and Title VII of the Older Americans Comprehensive Services Act, as amended. Under Title III the funds requested would allow for the development of a senior center on the north part of the City and would allow the acquisition of equipment (i.e. chairs, tables, arts and crafts supplies, etc.) which is lacking under the present program. The program will employ 6 outreach workers, 2 receptionists and 1 custodian. Title VII supplemental funds would allow providing nutrition to 500 elderly persons, 60 years of age or older thereby increasing the total participants from 600 to 1100. The staff will be increased by 2 fulltime bus operators. Total cost of Title III funds requested is $60,228 of which $20,076 are State Matching funds which are available. Total cost of Title VII funds requested is $193,881 of which 10% is in-kind contributions. j. That $529,735 be appropriated from the appropriate Revenue Sharing Funds for the purchase of 7 parcels in Block 89, 11 parcels in Block 71, and 8 parcels in Block 62 for the Bayfront Science Park Expansion. Authorization for these purchases was approved as part of the City Manager's reports on November 14th. Contracts for one parcel from Block 62 have already been executed and are ready for approval by the City. �lutes gular Council Meeting November 28, 1973 Page 4 • k. That values be approved for Blocks 61, 79 and 81, for a total of $511,525 and that this amount be appropriated from the appropriate Revenue Sharing Funds. Block 61 is bounded by Mesquite, Fitzgerald, Chaparral and Resaca, Block 79 by Resaca, Chaparral, Water and Hughes, and Block 81 by Water, Hughes, Brewster and Shoreline. 1. That the bids received on November 14, 1973 on Wooldridge -Staples Drainage Outfall be rejected. The cost of the project has substantially exceeded the funds available and the City is not in the position to award a contract on this basis. The project will be redesigned as an open ditch section and constructed at a later date after right-of-way has either been dedicated or acquired. It is further recommended that the Staples Street Improvements Project which is to be constructed jointly between the City and State Highway Department be reduced in scope and the project be completed as planned from Padre Island Drive to Wooldridge Road. The project from Padre Island Drive to Wooldridge is still larger than originally approved in the bond election. Mrs. Duain Harris, representing the Corpus Christi League of Women Voters, appeared and read a statement from this organization in support of the continued efforts of the City to provide adequate housing for its citizens and to correct substandard conditions which exist in some areas of the City, recommended continuous evaluation of this program in order to determine its effectiveness if or when the financing is to be assumed by the local taxpayers, and commended the City for fore- sight in establishing the Tenant Assistance Program. The foregoing comments were made in connection with the City Manager's recommendation "h" for establishment of a Housing Rehabilitation Program. (Council Exhibit #11-73) Motion by Acuff, seconded by Branch and passed, that the City Manager's Reports, Items "a" through "1" be accepted, and the requests and recommendations be granted and approved as presented by City Manager Townsend. Mayor Pro Tem Acuff assumed the Chair in the temporary absence of Mayor Luby, Relative to the pending item of Application #573-13, Roland Garcia, for change of zoning from "A-2" and "AB" to "B-1" on Lots 10 and 11, Block A, Maretta Terrace, located on the northeast corner of Baldwin Boulevard and Lynch Drive, heard s • �iute gular Council Meeting November 28, 1973 Page 5 by the City Council on July 5, 1973, at which time it was tabled for further con- sideration. He explained that on July 11, 1973 the applicant appeared and stated he was badly in need of the requested "B-1" to establish sign advertising for his real estate business; that the request for "8-1" was denied, but in lieu a change of zoning on Lot 10 from "R-2" to "AB" was granted and a special permit for the establishment of a free standing sign was also granted on both Lots 10 and 11 in lieu of the requested "B-1". He stated the necessary site plan has been submitted and is in order. Mr. Townsend stated an ordinance has been prepared for the Council's consideration. FIRST READING OF AN ORDINANCE AMENDING THE BUILDING CODE, ADOPTED BY ORDINANCE NO. 10379, AS AMENDED; THE ELECTRICAL CODE, ADOPTED BY ORDINANCE NO. 10832; AND THE PLUMBING CODE ADOPTED BY ORDINANCE NO. 11238; SO AS TO EXEMPT FEDERAL, STATE, AND COUNTY GOVERNMENTAL AGENCIES FROM THE REQUIREMENT FOR PAYMENT OF PERMIT FEES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. SECOND READING OF AN ORDINANCE AMENDING ARTICLE XXIX OF THE BUILDING CODE, ADOPTED BY ORDINANCE NO. 10379, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO 10636, BY REPEALING THE SAME AND IN LIEU THEREOF ADOPTING A NEW CHAPTER XXIX ESTABLISHING A SEVEN -FOOT MINIMUM ELEVATION ABOVE MEAN TIDE LEVEL FOR ALL BUILD- INGS AND STRUCTURES WITHIN THE CORPORATE LIMITS AND PROVIDING EXCEPTIONS TO REQUIRE THAT RESIDENTIAL BUILDINGS, INCLUDING MOBILE HOMES, ERECTED AFTER EFFECTIVE DATE HEREOF HAVE A MINIMUM FIRST FLOOR ELEVATION OF 13 TO 17 FEET IN DEFINED AREAS ADJACENT TO CAYO DEL OSO AND THE NUECES RIVER; DESIGNATING MATERIAL AND DESIGN STANDARDS FOR WINDOW GLASS IN SAID AREAS; DECLARING EVERY VIOLATION HEREOF A MISDEMEANOR SUBJECT TO FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-129 "DEFINITIONS" SO AS TO ADD WASHINGTON'S BIRTHDAY, COLUMBUS DAY AND VETERANS DAY TO THE LIST OF HOLIDAYS ON WHICH PARKING METER REGULATIONS ARE NOT ENFORCED; PROVIDING FOR SEVERABILITY; AND 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, Tom Bonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11804 THIRD READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON GREENWOOD DRIVE AS HEREIN- AFTER PROVIDED; PROVIDING FOR PUBLICATION. •utes Regular Council Meeting November 28, 1973 Page 6 The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez. and • Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11805 THIRD 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 AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON GREENWOOD DRIVE, BOTH SIDES, FROM A POINT 250 FEET NORTH OF THE CENTER LINE OF HORNE ROAD TO THE NORTH RIGHT-OF-WAY LINE OF PADRE ISLAND DRIVE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO, 11806 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO AMEND CHAPTER 9 THEREOF TO ADD A NEW ARTICLE VIII, BOAT REPAIR - LAND AREAS; PROVIDING REGULATIONS FOR BOAT REPAIRS AND RELATED ACTIVITIES AND LIMITING BOAT REPAIRS AT THE CITY MARINA; PROHIBITING BOATS AND THEIR RELATED EQUIPMENT FROM BEING LEFT UPON THE LAND AREAS WITHOUT SPECIAL PERMIT; PROVIDING A FEE; PROVIDING FOR ISSUANCE AND REVOCATION OF A SPECIAL PERMIT; PROVIDING A PENALTY; RESTRICTING WELDING AND CUTTING BY ELECTRICAL OR ACETYLENE METHODS; PROHIBITING THE FUELING OF BOATS IN CERTAIN AREAS; AND PROVIDING PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11807 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT WITH MANUEL C. GARZA, SR. AND WIFE, GJADALUPE T. GARZA, FOR THE ACQUISITION OF PARCEL NO. 317, CORPUS CHRISTI BEACH PARK SITES PROJECT NO. 291-72-12; APPROPRIATING OUT OF NO. 122 GENERAL REVENUE SHARING FUND $4,121.50, OF WHICH AMOUNT $4,000 IS FOR PURCHASE AT THE APPROVED VALUE AND $121.50 IS FOR INCIDENTAL COSTS RELATED TO THE CLOSING OF THE PURCHASE OF THE AFORESAID PARCEL; 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 and Lozano, present and voting "Aye; Stark absent. ORDINANCE NO. 11808 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF BLANTON-YEAGER, ARCHITECTS, TO PROVIDE A FEASIBILITY STUDY OF DILL9RD'S DEPARTMENT STORE FOR OFFICE SPACE, A COPY OF WHICH PROPOSAL IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING AND REAPPROPRIATING $4,300 OUT OF NO. 122 GENERAL REVENUE SHAR- ING FUND, OF WHICH $3,675 IS FOR THE ARCHITECT'S FEES AND $625 IS FOR CONTINGEN- CIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, and Lozano, present and voting "Aye"; Ricardo Gonzalez voting "Nay", and Stark absent. egtes ular Council Meeting November 28, 1973 Page 7 RESOLUTION N0. 11809 • ESTABLISHING A POLICY FOR RELOCATION OF PERSONS AND PLACES OF BUSINESS REQUIRED TO MOVE FROM REAL PROPERTY OCCUPIED AS A DWELLING ON LAND ACQUIRED FOR CITY USE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE N0. 11810 APPROPRIATING $550 OUT OF THE N0. 291 PARK BOND FUND FOR RELOCATION EXPENSE INCURRED IN THE CORPUS CHRISTI BEACH PARK SITES PROJECT, PROJECT N0. 291-72-12; AND APPRO- PRIATING OUT OF THE N0. 122 REVENUE SHARING FUND THE SUM OF $63,400 FOR RELOCATION EXPENSE INCURRED IN THE BAYFRONT SCIENCE PARK PROJECT; 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 and Lozano, present and voting "Aye"; Stark absent. ORDINANCE N0. 11811 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH A HOUSING REHABILITATION PILOT PROGRAM FOR THE PERIOD BEGINNING DECEMBER 16, 1973, AND ENDING JULY 31, 1974; CONTAINING FINDINGS; APPROPRIATING $126,000 FROM NO. 122 GENERAL REVENUE SHARING FUND; AUTHORIZING THE EMPLOYMENT OF EIGHTEEN PERSONS OF THE PRESENT NEIGHBORHOOD IMPROVEMENT DIVISION'S STAFF FOR PERFORMANCE OF THE CITY'S OPERATIONS UNDER SAID PROGRAM; AUTHORIZING CONTINUATION OF THE NEIGHBORHOOD IMPROVEMENT DIVISION OPERA- TIONS AS DIRECTED AND PROVIDED BY CITY ORDINANCE 9811, AS AMENDED, CITY ORDINANCE 10730, AS AMENDED, AND CITY ORDINANCE 11596; PRESCRIBING GUIDELINES FOR THE NO. 122 FUNDING; PROVIDING SEVERABILITY; 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 and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11812 AUTHORIZING THE CITY MANAGER TO SUBMIT SUPPLEMENTAL GRANT APPLICATIONS TO THE GOVER- NOR'S COMMITTEE ON AGING AND TO EXECUTE CONTRACTS AND SUCH OTHER RELATED DOCUMENTS AS MAY BE NECESSARY WITH REGARD TO SAID APPLICATIONS; SAID GRANT APPLICATIONS BEING UNDER TITLE III AND TITLE VII OF THE OLDER AMERICANS COMPREHENSIVE SERVICES ACT, AS AMENDED; THE SUPPLEMENT UNDER TITLE III BEING TO ESTABLISH A SENIOR CENTER ON THE NORTH SIDE OF CORPUS CHRISTI AND PROVIDE FOR ACQUISITION OF NECESSARY EQUIPMENT UNDER THE PRESENT PROGRAM; THE SUPPLEMENT UNDER TITLE VII BEING TO INCREASE THE TOTAL NUMBER OF PARTICIPANTS FROM 600 TO 1100; ALL AS IS MORE FULLY SET FORTH IN SAID SUPPLEMENTAL GRANT APPLICATIONS, COPIES OF WHICH ARE ATTACHED HERETO, MARKED EXHIBITS "A" AND "B", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; 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 and Lozano, present and voting "Aye"; Stark absent. ekes Regular Council Meeting November 28, 1973 Page 8 ORDINANCE NO. 11813 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS NO. 15 THROUGH 21, BLOCK 89; PARCELS NO. 56 THROUGH 66, BLOCK 71; AND PARCELS NO. 80 THROUGH 89, BLOCK 62, ALL BEING OUT OF THE BEACH PORTION OF THE CITY OF CORPUS CHRISTI, IN CONNECTION WITH THE BAYFRONT SCIENCE PARK EXPANSION PROJECT, ACCORDING TO APPROVED VALUES AS AUTHORIZED BY THE CITY COUNCIL ON NOVEMBER 14, 1973; APPROPRIATING $529,735 OUT OF THE NO. 122 GENERAL REVENUE SHARING FUND FOR THE ACQUISITION OF THE AFORESAID PARCELS, OF WHICH AMOUNT $476,485 IS FOR LAND ACQUISI- TION AT APPROVED VALUES AND $53,250 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING AND OTHER CONTINGENCIES; 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 and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11814 AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCELS N0.67 THROUGH 79 OF BLOCK 61; PARCELS NO. 22 THROUGH 30 OF BLOCK 79; AND PARCELS NO. 40 THROUGH 46 OF BLOCK 81, ALL OUT OF BEACH PORTION TO THE CITY OF CORPUS CHRISTI, FOR THE BAYFRONT SCIENCE PARK AREA EXPANSION PROJECT; APPROPRIATING OUT OF THE NO. 122 GENERAL REVENUE SHARING FUND $511,525 FOR THE ACQUISITION ACCORDING TO THE APPROVED VALUES, OF WHICH AMOUNT $460,525 IS FOR LAND ACQUISITION AT APPROVED VALUE AND $51,000 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING AND OTHER CONTINGENCIES; 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 and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11815 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 ROIAND GARCIA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 10, BLOCK A, MARETTA TERRACE SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT, AND TO A SPECIAL PERMIT FOR A REAL ESTATE BUSINESS SIGN ON LOTS 10 AND 11, BLOCK A, MARETTA TERRACE; 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 and Lozano, present and voting "Aye"; Stark absent. Mrs. Duain Harris inquired as to whether or not the moratorium is still in effect regarding signs and if so, why has the Council deviated and granted zoning applications involving signs. Mayor Pro Tem Acuff explained that the moratorium was to have been for 60 days and through mid September, there has been no more input; that it was the feeling of the Council that these had been held long enough and something should be done. •tes Regular Council Meeting November 28, 1973 Page 9 • He commented that perhaps the talk of a moratorium had been a deterrent to applicants. Motion by Branch, seconded by Lozano and passed, that the meeting be recessed until 3:00 p.m., the time scheduled for public hearings on three zoning cases. During the 30 -minute interim, the Council held a workshop meeting at which City Manager Townsend discussed possible ways to cope with the current energy crisis. The meeting was reconvened at 3 p.m. City Manager Townsend presented Application #573-7, George P. Bocanegra, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 15, Block 6, Cabaniss Acres, located on the southeast corner of Joyce and Wood Streets. The request was heard by the Planning Commission May 22, 1973 and forwarded to the Council with the recommendation that it be denied on the basis that it would be an encroachment into an established residential area, and the Planning Staff concurred in this recommendation. Mayor Luby reported at the meeting at this time. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Acuff, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #573-7, George P. Bocanegra, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Busi- ness District on Lot 15, Block 6, Cabaniss Acres, be denied. City Manager Townsend presented Application #1073-14, William & Louis Sissamis, for change of zoning, on Tract A, from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 9 and 10, Block 8, Woodlawn Estates #1; on Tract B, from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 11 and 12, Block 8, Woodlawn Estates #1 - both tracts located on the southwest corner of Daly and South Padre Island Drive. The request was heard by the Planning Commission October 30, 1973 and forwarded to the Council with the recommenda- tion that the request be denied on Tract A (Lots 9 & 10) but approved on Tract B (Lots 11 & 12) on the basis that in the event a different or more intense use is proposed for the tract at a later date, an additional application will not be necessary, and further, it will possibly stimulate growth along this portion of South Padre Island Drive. The Planning Staff's opinion was that the present "B-1" zoning on Tract B is sufficient to accommodate the proposed use; that zoning Tract A for business �es ar Council Meeting November 28, 1973 Page 10 would be a definite intrusion into a residential area; and the Planning Staff recom- mended denial of "B-4" on both tracts. Mr. William Sissamis, applicant, stated he and his son are co-owners of both tracts. He explained that an Astor Restaurant is proposed for Tract B and a portion of Tract A, and the remaining portion of Tract A will be used for related parking facilities. He pointed out on the map the area in question, stating they need at least 200 feet of depth to build the proposed restaurant facilities and the tract facing Padre Island Drive has only 130 feet. Mr. Virgil Howard, attorney, spoke in opposition to the request on behalf of Mr. W. H. Roberts, 1530 Daly Drive, and Mr. J. A. Rios, 1525 Daly Drive, both owners of adjacent property. He stated the opposition is on the request for "B-4" General Business District on Tract A, based on the fact that this extra depth would permit encroachment into an area that is residential in character; that the character of the community and the street width does not lend itself to commercial uses and would constitute spot zoning; that there is no public need to have a restaurant of the proposed size in this area; that the one-half acre of land already available is adequate to accommodate a restaurant of reasonable size; and the residents in this area do not want business to go beyond the present 130 foot depth and granting of the request would not be in the public interest. Mr. Howard pointed out that at the time of the Planning Commission hearing, this property was advertised for sale, and questioned the ownership of the land. Mr. Sissamis stated they had owned the property for approximately five years, had advertised it for sale, but had changed their minds. Mr. G. L. Echols, 1538 Daly Drive, spoke in opposition to the extension of business uses beyond the 130 foot depth from South Padre Island Drive, stating he concurred in the statements of Mr. Howard. He stated the access would have to be either on Daly Drive or South Padre Island Drive; that there are no sidewalks on Daly, and the business use would congest traffic for school children on this narrow street. He stated the hours the restaurant would be open would be at a time when children were home, and it could be permitted to stay open all night, creating excessive noise and other nuisances related to restaurant uses. Mr. H. W. Roberts, 1530 Daly, spoke in opposition on the basis the restaurant would increase the already difficult situation of residents getting from Daly Drive onto Padre Island Drive. tes gular Council Meeting November 28, 1973 Page 11 • Mr. Paul Berkheimer, 1527 Daly Drive, spoke in favor of the request stating this is proposed to be a first class restaurant and he could not see where it would devaluate his property. He pointed out that so far as the problem of getting onto Padre Island Drive from Daly is already next to impossible, dangerous to attempt, and another route should be taken by way of Williams Drive to the traffic light. Mr. Berkheimer complained of uncontrolled traffic speed on this section of the Padre Island Drive Expressway. City Attorney Riggs stated, in his opinion, the granting of this request would definitely constitute spot zoning, would be an intrusion into an established resi- dential area, and would create a traffic problem. The Council questioned the possibility of restricting the access on Daly Drive, and Mr. Riggs stated it would still encourage traffic to use Daly and Williams Drive as an access route to get back to Padre Island Drive for westbound traffic. Motion by Acuff, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the request of William & Louis Sissamis, Application #1073-14, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, be approved on Tract B, being Lots 11 and 12, Block 8, Woodlawn Estates #1, and that the zoning on the first 70 feet of Tract A, being Lots 9 and 10, Block 8, Woodlawn Estates #1, be changed to "B-4" General Business District, the remaining portion of Tract A remain "R -1B" One -family Dwelling District, and that voluntary deed restrictions be filed against access to the property from Daly Drive on all of Tract A, and an ordinance be brought forward effectuating this action. City Manager Townsend presented the proposed amendment to the Text of Zoning Ordinance No. 6106, as follows: Amend Article 20 "I-2" Light Industrial District Regulations, Section 20-2, Item (1) by striking the period after the word "district" and adding the following: "except dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below." Amend Article 24 Height, Area and Bulk Requirements, Section 24-1, Subsection 20, by striking any reference to dwellings in Columns 5 thru 12 and said columns 5 thru 9 to hereafter read "None except as required in Section 20-5." City Manager Townsend stated the amendment is recommended by both the 0111 _ nutes Regular Council Meeting November 28, 1973 Page 12 • Planning Commission and the Planning Staff. No one appeared in opposition to the foregoing proposed Text Amendment. Motion by Acuff, seconded by Branch and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the foregoing Text Amendment to Ordinance No. 6106, be approved as recommended, and an ordinance be brought forward effectuating this action. ORDINANCE NO. 11816 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 N0. 6106, AS AMENDED, BY AMENDING ARTICLE 20"I-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, SECTION 20-2, ITEM (1) BY STRIKING THE PERIOD AFTER THE WORD "DISTRICT" AND ADDING EXCEPTIONS OF PERMANENT OR TEMPORARY HOUSING OF PERSONS EXCEPT AS DESCRIBED IN ITEM (3) OF SAID SECTION 20-2; AMENDING ARTICLE 24 HEIGHT, AREA AND BULK REQUIREMENTS, SECTION 24-1, SUBSECTION 20, BY STRIKING ANY REFERENCE TO DWELLINGS IN COLUMNS 5 THROUGH 12 AND TO HEREAFTER BEAR THE FOLLOWING WORDING UNDER COLUMNS 5 THROUGH 9, "NONE EXCEPT AS REQUIRED IN SECTION 20-5"; 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, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. There being no further business to come before the Council, motion by Acuff seconded by Tom Gonzales and passed, that the meeting be adjourned at 3:35 p.m., November 28, 1973. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of November 7, 1973 to November 28, 1973, inclusive, and having been previously approved by Council action, are by me hereby approved. J SO F1 LUBY, Mayor City of Corpus Christi, Texas