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HomeMy WebLinkAboutMinutes City Council - 01/16/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 16, 1974 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Mr. Cleo LaRue, student minister. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Acuff and passed that the absence of Commis- sioner Branch be excused for just cause. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Minutes of the Regular Meeting of January 2, 1974 be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: VOLUNTEER BLOOD DONOR MONTH, January, 1974; and JAYCEE WEEK, January 20 through 260 1974. Jaycees present in connection with the Jaycee Week proclamation were Fred Tate, Fred Myers, Bill Fisher, and Allen Davis. Mayor Luby recognized the Government Class of King High School and presented Certificates of Attendance to the following: Fred Allen, Debbie Barger, Janet Barger, Marsha Nolan, Dean Conwell, and Diane Taylor. The students were accompanied by their sponsor, Mrs. Wiley. City Manager Townsend explained that the Minutes of December 26, 1973 reflect the action of the Council that bids on the pre -fabricated building for the Police Crime Prevention Section be received on January 23, 1974 instead of January 16. He explained there had been some staff misunderstanding as to the date of opening, but that all required legal procedures had been followed for the opening date of January 16. Mr. Townsend provided the Council with a copy of an opinion submitted by City Attorney Riggs which, in summary, stated that if the Council finds that the Minutes of December 26, 1973 should have stated January 16 instead of January 23 as the opening date, the Council should ratify and affirm an authorized bid opening for January 16. Motion by Lozano, seconded by Stark and passed, that Item "d" of the City Manager's Reports contained in the Minutes of the Regular Council Meeting of • Minutes Regular Council Meeting January 16, 1974 page 2 December 26, 1973, be amended to indicate the Council's authorization that bids for construction of a pre -fabricated building for the Police Crime Prevention Section are being opened on January 16, 1974. Bids were opened and read by Director of Engineering & Physical Development James K. Lontos, for construction of a pre -fabricated building for the Police Crime Prevention Section, from the following firms; Diversified Structures, Inc.; A -OK Portable Buildings; Hunt Building Company; L& L Construction Company; I. C. Salazar Construction Company; E. J. Netek Company; and R.&L. Builders (Ruben. Lerma). The foregoing bids were tabled for 48 hours pursuant to the regLiremer.t.e e the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Luby announced the public hearing on E.P.A. Project No. WPC-TEX-899, and asked City Manager Townsend to set procedures. Mr. Townsend made introductory comments and presented background information. He explained that the project includes a wastewater treatment plant on Padre Island and a collector system for the Clarkwood-McNorton Subdivision; that the hearing is required under new Federal regulations to satisfy the Environmental Protection Age Icy es to the environmental impact of these two projects, and that a transcript of the hearing is being made and will be furnished the Environmental Protection Agency to be an official record before approval of the project can be obtained. Mr. Townsend explained the legal procedures for the public hearing stating the Staff witnesses and speakers from the audience would be sworn in by the Court Reporter. He explained that the construction of the project had been the topic of numerous Council to etinge ever the years, but that this requirement had only been established the past few months. Mr. Townsend pointed out that the issue before the Council is only as tc, t'_ee environmental impact of these two projects and not a question of encouraging or discouraging development, but rather making safe and sanitary what has already been developed. Director of Engineering & Physical Development James K. Lantos made a dz-:tailed presentation of the scope of the two projects, pointed out on a map the locations, existing facilities, their capacity, overloaded plants, and the areas now being served by septic tanks. He explained that the staff had considered several sites for the Padre Island Treatment Plant, some of which were economically unfeasible due to elevation factors, lack of protection from tropical storms, maintenance costs, access 11111M inutes Regular Council Meeting January 16, 1974 Page 3 • problems, effluent nuisances to residential areas, and cost of screening. He stated the most desirable site was site No, 3 at Point Tesoro in that this location meets federal insurance requirements, has adequate service roads, is acceptable for main- tenance, centrally located, being equal distance from two major points, southeast breeze would carry odors away from residences, is bounded by water on three sides and is located at a point on Laguna Madre about halfway between the Island Causeway and the Kleberg County line. He stated it would be a 500,000 gallon per day treat- ment plant capable of serving an anticipated 50,000 people, that the Padre Island Investment Corporation would provide the entire local share of 25 percent of the project, and the City would own and operate the plant. He stated the City holds a permit from the Texas Water Quality Board for discharge of effluent in Laguna Madre but almost all effluent will be used into the golf course areas for irrigation. He pointed out that the scope of the project has been reduced approximately fifty percent from the original application grant. City Attorney Riggs assigned Exhibit Number to maps from which Mr. Lontos made his presentation on the two projects. Mr. Lontos described the scope of the proposed collector system for the Clarkwood-San Juan-McNorton Subdivisions, and pointed out the location of the new facility on the map. He described the present problems and pointed out the need for new and adequate facilities in this area. Mr. Bob Schneider, Director of Public Utilities stated the Texas Water Quality Board had recommended the combination of the two projects for maximum expediency. Mrs. Patricia Suter, 1002 Chamberlain, spoke representing the Audobon Outdoor Club, stating this organization held a meeting on January 8, 1974 attended by 80 members and unanimously went on record opposing the City's participation in the proposed sewage treatment plant on Padre Island, and disagreed and termed unethical the use of public funds for the benefit of a private corporation. She stated the members of this club consider the development of Padre Island an economical and environmental disaster, and "utter folly" to allow 50,000 people to live in a hurri- cane prone area. She further stated that general insurance rates are higher because of Padre Island development, and people are not being made aware of this before they buy. Mrs. Suter stated they also objected to the Clarkwood-San Juan-McNorton project being tied to something intended to benefit private development. • • Minutes Regular Council Meeting January 16, 1974 Page 4 Mr. Larry Urban of Urban Engineering, stated his firm had been retained by the City to design the facilities, and stated the effluent plant's elevation presently is eleven feet, and on the back side is presently nine feet above sea level. He stated it is his understanding that the funds will be paid in part by reimbursement from Padre Island Investment Corporation. Mr. Harry L. Hoag, 474 Homecrest, spoke in opposition to the City's involvement in the project on Padre Island, stating he had in his possession a document which showed that the proposed plant site on Padre Island was within an easement granted to; the operator of the Intracoastal Canal, and that the easement also included part of the Padre Island Investment property. He stated this document is of record in Vol. 382, Pages 306-309 in Nueces County Deed Records and should be investigated by the City Attorney and that he had furnished the Planning Department with a copy of the instru- ment. City Manager Townsend stated the City Attorney would be asked to investigate and if there are title problems they will have to be resolved. Dr. Hans Suter, President of OPUS, Inc., stated he concurred with statements made by his wife, Mrs. Patricia Suter, and that they share the same concern as to the invironmental impact. He stated any further growth of the Island area would be dangerous, as there would be no way to evacuate 50,000 people from the Island on short notice of an approaching hurricane, that the people who live on the Island should bear the cost of the luxury of living there, and the community as a whole will be the losers. Dr. Henry Hildebrand, 413 74i11bsooks.;spoke in opposition and urged the Council to sever the Padre Island portion of the project from the Clarkwood-San Juan-McNorton project, to pursue the grant any further would be aiding an impending disaster,and the plan should be sent back for more study. He stated the area is far too small for enforcement of regulations, facilities are inadequate and the City is still granting building permits. Mr. Wesley Hammond, 118 Gibson Lane, spoke in opposition to the Padre Island project as a property owner and a representative of the Taxpayers Association, stating the people who can afford the luxury of living on the Island should bear the cost and the City should not accept any liability into a development of this kind. He stated the cost will increase as development is encouraged. • • Minutes Regular Council Meeting January 16, 1974 Page 5 Mayor Luby questioned the combination of the two projects, and City Manager Townsend explained that the Federal Agencies involved and the State Water Quality Board had recommended :as, the best way to act promptly on the Clarkwood-San Juan- McNorton projects. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Following a brief recess, Mayor Luby reconvened the meeting and announced the scheduled public hearings on four zoning applications and an amendment to the Text of the Zoning Ordinance. City Manager Townsend presented Application #1173-4, C. L. Lemley, for change of zoning from "B-4" General Business District to "I-2" Light Industrial District, on Lots 2 and 3, Block A, Stillwell Addition, located on the south side of the 8100 Block of Leopard Street extending through to Stillwell Lane. The request was heard by the Planning Commission November 13, 1973, and forwarded to the Council with the recommendation that it be denied but in lieu thereof a special permit be approved for the location of a mobile home to be used as an office for a security guard adjacent to the tavern and related parking, according to an approved Site plan. The Staff concurred in this recommendation. Mr. Townsend stated that a site plan was presented to the Commission on December 11, 1973 and approved. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Lozano, seconded by Acuff and_passed,that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #1173-4, C. L. Lemley, for• change of zoning from "B-4" General Business District to "I-2" Light IndLstrial District, on Lots 2 and 3, Block A, Stillwell Addition, be denied but in lieu thereof a special permit be approved for the location of a mobile home to be used as an office for a security guard adjacent to the tavern and related parking, according t© the site plan approved by the Commission on December 11, 1973, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1173-7, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Busi- ness District on 5.3 acres out of the southwest corner of Country Club Village Unit 2, located north of Olympia Drive and east of Everhart Road, behind the Country Club • • Minutes Regular Council Meeting January 16, 1974 page 6 Shopping Center, The request was heard by the Planning Commission November 27, 1973 and forwarded to the Council with the recommendation that it be approved as a logical extension of "B-4" zoningonthe tract facing Everhart Road, and also in view of the present use being made of the property. The Staff concurred in this recommendation. Mr. Townsend explained that the request had been initiated to relieve a hardship to adjacent property owners because of a requirement to construct a screening fence. He reported receipt of one letter in opposition since the Commis- sion hearing. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Lozano 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 #1173-7, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on 5.3 acres out of the southwest corner of Country Club Village Unit 2, be approved as a logical extension of "B-4" zoning on the tract facing Everhart Road and also in view of the present uses being made of the property, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1273-1, Justo Contreras, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lot 9, Airport Park No. 2, located on the north side of Eastern Street at its intersection with Old Brownsville Road. The application was heard by the Planning Commission December 11, 1973, and forwarded to the Council with the recommendation that it be approved and the Staff concurred. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by R;Conzalez& passed, that the recommendation of the Planning Commission be concurred in and Application #1273-1, Justo Contreras, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lot 9, Airport Park No. 2, located on the north side of Eastern Street at its intersection with Old Brownsville Road, be approved, and an ordinance be brought forward effectuating the change. • Minutes Regular Council Meeting January 16, 1974 Page 7 City Manager Townsend presented Application #1273-2, Tony Juarez, Jr., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 2R, 3R, 4R and 5R, David Brown Addition, located on the southwest corner of Baldwin Boulevard and Cleo Street. The application was heard by the Planning Commission December 11, 1973 and forwarded to the Council with the recommendation that it be approved and the Staff concurred in this recommendation. Mr. Townsend reported that six letters had been received in favor of the request since the Commission hearing. No one appeared in opposition to the recommendation of the Planning Commis- sion. Motion by Acuff, seconded by Lozano.and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the recom- mendation of the Planning Commission be concurred in and Application #1273-2, Tony Juarez, Jr., for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 2R, 3R, 4R- and 5R, David Brown Addition, located on the southwest corner of Baldwin Boulevard and Cleo Street, be approved as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1273-3, J. B. Wright, for change of zoning from "A-2" Apartment House District and a Special Permit to "B-5" Primary Business District on Lots 4 thru 11, Johnson Addition, located on the east side of South Alameda Street between Hancock and Coleman Streets. The request was heard by the Planning Commission December 11, 1973 and forwarded to the Council with the recommendation that it be denied but in lieu thereof "B-4" General Business District be approved. Chief Planner Larry Wenger briefed the Council on the zoning uses in this area, and stated it was the Staff's opinion that "B-5" should be denied, but in lieu "B-4" be granted because there is a 20 -foot setback requirement in this district while no setback is required in the "B-5" district, and the staff is of the opinion that such a requirement is needed along South Alameda Street to afford the residential uses some protection. Mr. Townsend reported that since the Commission hearing, one letter had been received in opposition and five in favor. The applicant Mr. J. B. Wright was present and stated the recommended "B-4" zoning was satisfactory. • • Minutes Regular Council Meeting January 16, 1974 Page 8 No one appeared in opposition to the recommendation of the Planning Commission. Motion by Tom Gonzales, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #1273-3, J. B. Wright, for change of zoning from "A-2" Apartment House District and a Special Permit to "B-5" Primary Business District Lots 4 through 11, Johnson Addition, be denied but in lieu thereof "B-4" General Business District be approved, and an ordinance be brought forward effectuating the change. Commissioner Ricardo Gonzalez requested that the Staff make a study of'the zoning of all the lots facing on Alameda and Staples from Six Points to Agnes with the view of coordinating the zoning. This request was referred to Larry Wenger. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related explanations and comments, as follows: a. That a public hearing be on February 6, 1974 on the following zoning text amendments: (1) The creation of an "AB -NR" Professional Office -Non -Residential District and a "B1,.,NR" Neighborhood Business -Non -Residential District, or Amending the density and open space requirements in the "AB" and "B-1" Districts so as to make them:the same as the requirements for the "A-1" District. (2) The deletion of residential uses from the "B-lA" Tourist Court District land one and two-family dwellings from the "B-2" Bayfront Business District. (3) The elimination of the present "B-3" Shopping Center District and in lieu thereof the creation of -a "B-3" Business District with the same regulations as the present "B-4" Business Districtexcluding residential uses. b. That the plans and specifications forthereconstruction of streets in the Lamar Area be approved and bids be received on February 6, 1974. Theprojectis part of the 1970 bond program. The streets involved are Mary, Morris, Ruth, Buford, Bluntzer, Howard and a portion of 20th next to Lamar School, and a storm sewer in 22nd Street. All streets will be 28' wide with the exception of Ruth Street which will be 41'. The project is designed so that the contractor can bid on Unit I, Unit II, or both Units. c. That a contract be awarded to the barley Company, Melrose park, Illinois for two front mount fire pumps for the Fire Department for the low bid of $3,152.00. Bids were received from two firms. (Bid Tabulation #1-74) d. That a contract be awarded to Gulf Star Foundaries, Inc., Corpus Christi for a seven months supply of valve box extensions and lids for the Gas and Water • Minutes Regular Council Meeting January 16, 1974 Page 9 Divisions on the basis of the only bid received of $1,907.50. (Bid Tabulation #2-74) e. That a contract be awarded to Ayers Rental Tools Company of Corpus Christi for two 60" rotary mowers for the Park Division on the basis of the best bid meeting specifications and based on past performance of $2,871.40. Goldthwaites of Texas, Inc. submitted the low bid of $2,800 fora mower with which the Park Division has experienced considerable maintenance costs and down time. The second low bid of $2,859.93 does not meet specifications because a foot -operated friction brake was not provided. Bids were received from four firms. Price comparison shows a decrease of approximately 9.5%. (Bid Tabulation #3-74) f. That a drilling permit be approved for Jake L. Hamon to drill a straight hole to a depth of approximately 10,.500 feet near Ingleside Point on an island created by the dredging of the LaQuinta Ship Channel. Although this location is within the Bay Park and Recreational Area, it is permitted by the recent amendment to the Bay Drilling Ordinance. The applicant agrees to comply with all the requirements of the amendment. g. That a corxract be awarded to T. H. Lee, Contractor for construction of the County Courthouse Area Drainage and Sanitary Sewer Relocations and that $45,692.99 be appropriated including $42,904.22 for construction and $2,788.77 for contingencies. The utility relocations involved are along portions of Mestina, Artesian and Carrizo Streets, which have been closed to maks way for the new County Courthouse. The County has agreed to reimburse the City for cost of construction plus 6-1/2% for engineering, h. That the proposals of PPG Irdustries, Inc. to perform tests in the McArdle sewer line by adding hydrogen peroxide to determine the effectiveness of hydrogen sulfide reduction. ©n sewer line corrosion .and of the FMC Corporation to perform an analysis of the effectiveness of hydrogen peroxide on reducing odors at the Broadway Treatment Plant, be accepted and $5,520 be appropriated out of the Sanitary Sewer Bond Fund for the purchaseof 24,000 pounds of hydrogen peroxide to„be used in the McArdle lino tents. No City cost is involved'fer'the FMC Corporation proposal, i. That Mr. Hobby H. McCall and Mr. M. E. Allison, Sr. be employed to provide legal and financial advisory services respectively relating to the,proposed sale of Certificates of Obligation to finance Marina improvements. The cost will be less than $5,000. • Minutes Regular Council. Meeting January 16, 1974 Page 10 j. That values be approved for the acquisition of 6 parcels in Block 70 and all of Block 80 of the Bayfront Science Park and that $272,300 be appropriated from Revenue Sharing. Block 70 is bounded by Hughes, Chaparral, Resaca and Mesquite, and Block 80 by Brewster, Water, Hughes and Chaparral. This action will provide approved values on all parcels except those where access for appraisal purposes has been diffi- cult which includes 3 parcels in Block 70 and all of Block 91. k. That a lease agreement be approved with Corpus Christi Bank and Trust for a portion of a building located at 1630 South Brownlee, for 12 months for $1388.40 per month, for a multi-purpose facility for the City's Senior Community Services Program. The property contains several small offices, utility rooms, restrooms, large meeting rooms and kitchen and contains approximately 3560 square feet and parking for in excess of 50 cars. The lease contains an option to the City for a 1 -year renewal. Mrs. Evelyn Wilson, president of the Senior Community Services Program,spoke in support of the Staff's recommendation that a portion of a building located at 1630 South Brownlee be leased for 12 months for $1388.40 per month for a multi-purpose facility for this program. Mr. Albert Struller, 4945 Willowbrook, stated he did not approve of the loca- tion:at South Brownlee; that it would result in two centers being one and one-half milesapart; that $1388.40 was too high for that building; and urged that consideration be given to a location on the south side of the City. Mr. Cuban Burbank, 1127 Ocean Drive, spoke in opposition to the recommended site on Brownlee stating the rent was too high and not comparable to an adjoining building occupied by the American Legion; opposed the expenditure of any substantial amount of money at this time pointing out that there are many programs now being sponsored for the elderly by churches and recreation centers which,are extremely suc- cessful with activities almost every day of the week and conducted by volunteers with no cost to the City. He requested that these existing programs be coordinated with the new programs, and suggested the expansion of the programs at Lindale and other recreation centers. Mr. William H. Shireman, president of SAGE, member of Senior Citizens Advisory Committee and Director of legal Aid Society, commended the program in general and stated he felt the recommendation for rental of the building on Brownlee was the best solution to the problem for the present time in view of the Council's commitment to • • Minutes Regular Council Meeting January 16, 1974 Page 11 .cove forward in this program. Mrs. Evelyn Wilson commented that an ad hoc committee had made a tour of all potential sites and the decision to use thin site was unanimous with this committee. She pointed out that the Church programs are recrea- tional only, they furnish their own meals, and no transportation is furnished. Mr. Guy Winstead, 917 Airline, spoke in opposition to the Brownlee location stating the building is far too small. He stated a large facility is badly needed in the south part of the City where most of the Navy retirees are living. Commissioner Ricardo Gonzalez urged the Council to move ahead with locating sites for permanent centers to be built with revenue-sharing funds. He pointed out that this facility is only temporary but is a good start.ng_.point. The matter of employing architects for the permanent centers was discussed, and it was informally agreed that a separate architect should be employed for each of the permanent centers, and City Manager Townsend stated he would submit a recommenda- tion naming architects for consideration next week. Motion by Acuff, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting "Nay" on Item "k", that the City Manager's Reports, Items "a" through "k" be accepted, and the recommendations and requests be approved and granted as pre- sented by City Manager Townsend. Mayor Luby commented that he felt the rent for the Brownlee location for the City's Senior Community Services Program was excessive and the matter should be deferred fora few more weeks. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the follow- ing nominations made by Mayor Luby for appointments of Municipal Court Judges and Clerk, be approved and confirmed: 0. E. Cannon, Judge; Raul Garcia, Judge; and Estella Tijerina, Court Clerk. SEDOND READING OF AN ORDINANCE 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 17 "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS, SECTION 1772, ITEM (1) SO AS TO PROHIBIT ONE AND TWO-FAMILY DWELLINGS IN SAID DISTRICT; BY AMENDING ARTICLE 18, "B-6" PRIMARY BUSINESS CORE DISTRICT REGULATIONS, SECTION 18-1, LINE 5, SO AS TO REQUIRE PARKING FOR DWELLINGS IN SAID DISTRICT; BY AMENDING ARTICLE 18, SECTION 18-3 SO AS TO PROVIDE FOR PARKING REGULATIONS FOR DWELLINGS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Thomas V. Gonzales, Ricardo Gonzalez, Lozano and stark, present and voting "Aye"; Branch absent. • • Minutes Regular Council Meeting January 16, 1974 Page 12 ORDINANCE NO. 11870 THIRD READING OF AN ORD'INANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A TEASE AGRI7MENT WITH THE TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, LEASING TO THE SAID TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT A TRACT OF APPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A SCHOOL RECREATIONAL AND PARKING AREA, A COPY OF WHICH AGREEMENT' IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE N0. 11871 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY FOR LEASING A PORTION OF A BUILDING LOCATED AT 1630 SOUTH BROWNLEE FOR 12 MONTHS AT THE RATE OF $1388.40 PER MONTH FOR USE AS A MULTI-PURPOSE FACILITY IN THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance vas passed by the following vote: Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent, and Luby voting "Nay". ORDINANCE 11872 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH T. H. LEE, CONTRACTOR, FOR CONSTRUCTION OF COURTHOUSE AREA DRAINAGE AND SANITARY SEWER RELOCATION; APPROPRIAT-i ING $45,692.99 OUT OF NO. 295 STORM SEWER BOND FUND, OF WHICH $42,904.22 IS FOR THE CONSTRUCTION CONTRACT AND $2,78$,77 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, APPLICABLE TO PROJECT 110. 295-72-14; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present .and voting "Aye"; Branch absent. ORDINANCE NO. 11873 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $5,520 FOR THE COST OF HYDROGEN PEROXIDE IN CONNECTION WITH THE McARpLE SANITARY SEWER MAIN STUDY, PROJECT NO. 250-72-3; DECLARING AN EMERGENCY. The Charter Rulevas suspended and the foregoing -ordinance was •passed by the following -vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano'and Stark., present and voting "Aye"; Branch absent. ORDINANCE NO. 11874 AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCELS N0. 47, 48, 52 THROUGH 55 OF BLOCK 70; PARCELS N0. 31 THROUGH 39 OF BLOCK 80, ALL OUT OF THE BEACH PORTION TO 'THE CITY OF CORPUS CHRISTI, FOR THE BAY- FRONT SCIENCE PARK AREA EXPANSION PROJECT; APPROPRIATING OUT OF THE N0. 122 GENERAL REVENUE SHARING FUND $272,300 FOR THE ACQUISITION ACCORDING TO THE APPROVED VALUES, OF WHICH AMOUNT $243,300 IS FOR LAND ACQUISITION AT APPROVED VALUE AND $29,000 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING AND OTHER CONTINGENCIES; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting January 16, 1974 Page 13 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE N0. 11875 APPOINTING 0. E. CANNON JUDGE OF THE MUNICIPAL COURT "B" IN CORPUS CHRISTI, TEXAS, AND DESIGNATING SAIL JUDGE AS SENIOR JUDGE; FIXING THE SALARY FOR SAID OFFICE; PROVIDING FOR REPEAL OF 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11876 APPOINTING RAUL GARCIA JUDGE OF MUNICIPAL COURT "C" IN CORPUS CHRISTI, TEXAS BY NOMINATION OF THE MAYOR AND CONFIRMATION OF THE CITY COUNCIL; FIXING THE SALARY FOR SAID OFFICE; PROVIDING FOR REPEAL OF 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11877 CHANGING THE NAME OF POLARIS STREET TO GEMINI STREET AND SATURN DRIVE TO CENTAURUS STREET, IN STARCREST PLACE, UNIT I, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter. Rule was•suspended and the foregoing. ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present .and voting "Aye"; Branch absent. ORDINANCE NO. 11878 AUTHORIZING AND DIRECTING THE C1'1Y MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SOCIETY OF CHRISTIAN SOCIAL SERVICE, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND. CONSISTING OF 20.50 ACRES, MORE OR LESS, OUT OF THE F. J. SMITH 225.2 -ACRE TRACT OF LAND OUT OF THE MARIANO LOPEZ DE HERRERA GRANT, STATE ABSTRACT NO. 606, IN NUECES COUNTY, TEXAS, ALL AS IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. Minutes Regular Council Meeting January 16, 1974 Page 14 ORDINANCE NO, 11.879 • RATIFYING AND ACKNOWLEDGING THE COYIRACTUAL ANNEXATION OF THE PAX CHRISTI HOME FOR GIRLS PROPERTY AS SHOWN IN EXH :Si "A" ATTACHED, BEING THE FULLY SUBSCRIBED AND DULY FILED CONTRACT BETWEEN THE SOCIETY OF CHRISTIAN SOCIAL SERVICE AND THE CITY FOR SAID ANNEXATION AND THE COUNCIL AUTHORIZATION THEREOF; PROVIDING SEVERABILITY; AND DECLAR- ING AN EMERGENCY. The Charter Rule was•sa.spc,-.ded and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gozalas, Ricardo Gonzalez, Lozano and Stark, present and voting "Ave"; Branch abs.:t, ORDINANCE NO, 11880 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. L. LEMLEY BY GRANTING A SPECIAL COUNCIL PERMIT FOR LOCATION OF A MOBILE HOME TO BE USED AS AN OFFICE FOR A SECURITY GUARD ADJACENT TO THE 'TAVERN AND RELATED PARKING, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 2 AND 3, BLOCK A, STILW.ELL ADDITION, LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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-ord.icance was passed by -the following -vote: Luby, Acuff, Thomas Gonzal.-:s, 'Ricardo Gonzalez, Lozano. and Stark, present and voting "Aye", Bra72.o'c absr:ct, ORDINANCE NO, 11881 AMENDING THE ZONING ORDINANCE OF TND CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLi2E 9, PAGES 565, ET SEQ, OF TIIE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING '1`112 ZONING ON 5.3 ACRES our OF S.W. CORNER OF COUNTRY CLUB VILLAGE UNIT 2, AS MORE FULLY DESCRIBED HEREINAFTER SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUN`IY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY, The Charter -Rule was suspar)d.ed a_td the foregoing ordinance was•pass:d by the -following vote: Luby, Acuff, Thomas Gonza.,s, Ricardo Gonzalez, Lozano and. Stark, present and voting "Aye'; Branch. absent. ORDINANCE N0, 11882 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 T0 TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF •JUSTO CONTRERAS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 9, AIRPORT PARK NO. 2, SITUATED IN THE CITY OF •CORPUS CHRISTI, NUECES COUNTY., TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT; KEEPING I11 EFFECT ALL OTHER PROVISIONS -OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWIIH; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting January 16, 1974 Page 15 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11883 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 TONY JUAREZ, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 2R, 3R, 4R AND 5R, DAVID BROWN ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 11884 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 J. B. WRIGHT BY AMEND- ING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4 THROUGH 11, JOHNSON ADDITION, SITUATED IN THE CITY OF' CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT AND A SPECIAL PERMIT TO "B-4" GENERAL BUSINESS 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. Mayor Lubyannouncedthe public hearing on a proposal to amend the Text of Zoning Ordinance No. 6106: I. Am n& Article 27, Supplementary Height, Area and Bulk Requirements, Section 27 3_Modjficatjon of Area Regulations, and amendment to Article 29, Board of Adjustment, Section 29-3, Special Use Exceptions, as follows: 27-3.01.06 (1) Fence Required. Where a business or industrial use is established on a lot which is adjacent to a lot occupied by a dwelling located in the "F -R'", "R-lA", "R -1B", "R-2", "A-1" or "A-2" Zoning District, then the owner of the lot to be occupied by said business or industrial use shall be required to construct a screening fence six (5) feet in height from the natural ground which shall constitute a visual obstruction, and shall be capable of withstanding:a thirty (30) pound per square foot, horizontal wind load from any direction. Where a lot is to be occupied by -a business or industrial use, which is adjacent to a lot located in the "F -R", s "R-lA" "R-1Bs � " "R-2" "A-1" or "A22" Zoning District which is not occupied by a dwelling, then the owner of the lot to be occupied by said business or industrial use shall be required to construct a screening fenceinaccordance with the standards established above, or shall defer such construction and execute a -contract which shall be filed ofrecordin the County and which shall constitute a covenant running with the land. Such contract, the form of which is to be approved by the City Attorney, shall require a cash deposit, which shall • Minutes Regular Council Meeting January 16, 1974 Page 16 defray the cost of the required fence. Where a lot has been occupied by a business or industrial use prior to December 1, 1971, and is adjacent to a lot occupied by a dwelling in any "F -R", "R -1A", "R -1B", "R-2", "A-1" or "A-2" Zoning District, and if said business or industrial use is expanded by 10% or less, of the floor area and/or site area, then the owner of the lot on which said existing business or industrial use is located shall not be required to construct a screening fence at the time of such expansion. (2) Location on Lot, When construction of a screening fence is required, it shall be located on the lot occupied by the business or industrial use along those portions of the rear and side lot lines that abut or are across a public street or alley from "F -R", "R -1A", "R -1B", "R-2", "A-1" or "A-2" Zoning District. The construction of a screening fence shall also be required to screen from public view any trash or storage area in conjunction with such use.. The owner of a lot on which a screening fence is required shall maintain said fence so that it will meet the requirements set forth above. II. Amend Article 29, The Board of Adjustment, Section 29-3 Special Use Exceptions by adding a new Subsection to be numbered 29-3.16 to read as follows: 29-3.16 To waive or reduce the requirement for construction of a screening fence in cases where an existing fence has been in existence since December 1, 1971 and: (1) Is six (6) feet in height; (2) Visually obstructs business or industrial uses from a residential area; (3) Is aesthetically pleasing; (4) Does not constitute a hazard to surrounding areas when subjected to excessive wind loads. If the Board of Adjustment determines, in its opinion, that said fence meets the above conditions, then a contract shall be required which shall be filed of record in the County and which shall constitute a covenant running with the land. Such contract, the form of which is to be approved by the City Attorney, shall require a cash deposit which shall defray the cost of the required fence. When, and if, such existing fence is eliminated wholly or partly by act of nature, human destruction, or natural deterioration, then the owner of said property shall construct a screening fence according to the terms of the contract. Mr. Townsend stated the request was heard by the Planning Commission on December 13, 1973, and forwarded to the Council with the recommendation that the text amendments to Article 27 and 29 of the Zoning Ordinance be amended to eliminate the requirement of placing money in escrow for future construction of a fence; to eliminate the provision for appeal before the Board of Adjustment for waiver of the fence requirement; and add a provision whereby the City Council shall have the authority to waive the standard fence requirement on the basis of a hardship after such recom- mendation by the Planning Commission, or the authority to require other conditions on an individual basis as deemed appropriate. The Staff's recommendation was that the text amendments be approved as written. Mr. Wenger briefed the Council on the intent of the proposed amendments in detail after which the Council discussed at length and generally agreed that the • • Minutes Regular Council Meeting January 16, 1974 Page 17 appeal procedure to the City Council should be in the manner of an ordinary zoning application wiLh the ordinance setting forth standards for that appeal or an excep- tion, and with the requirement for a cash deposit when such fence establishment is deferred; and with no other role permitted by the Board of Adjustment other than their legal role as to true hardships. Motion by Acuff, seconded by Lozano and passed, that the hearing be recessed to be reconvened two weeks hence during which time an ordinance will be prepared to amend the text of the zoning ordinance in accordance with the general agreement of the Council. Mr. Jim Wilburn, Chairman of the Civil Service Commission, appeared and requested that a joint meeting be arranged between the Council and the Civil Service Board, with the view of discussing amendments to the rules and regulations of the Board which were recommended several months ago, The date of January 30 was agreed upon for such a meeting. Mr. Wilburn also requested that the Council pass a resolu- tion to be circulated to area cities and towns and sent to the House of Representa- tives urging that the membership of the Civil Service Board be increased from three to five members. The Staff and Council generally agreed that the membership should be increased since it places a tremendous responsibility on the Board members as to attendance plus a number of other reasons. Director of Planning and Urban Development Ernest Briones presented an agenda for the joint meeting and tour of the older sections of the City, of the Planning Commission and City Council to be conducted February 5, which tour is to begin at 9:30 in the morning and concluded in a "Townhall meeting" at the Boys Club Building, 3902 Greenwood Drive, at 7:30 p.m. There being no further business to come before the Council, motion by Acuff, seconded by Lozano and passed, that the meeting be adjourned at 5:55 p.m., January 16, 1974.