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.
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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.
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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.
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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
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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.
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The foregoing ordinance was read for the third time and passed finally
by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez. and
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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.
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RESOLUTION N0. 11809
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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.
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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.
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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
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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.
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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
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_ 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