HomeMy WebLinkAboutMinutes City Council - 10/02/1974MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
October 2, 1974
2:00 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem James T. Acuff
Commissioners:
Rev. Haro d T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
Church.
City Manager R. Marvin Townsend
City Attorney James R. Riggs
Exec. Asst. City Attorney Michael May
Asst. City Attorney Hal George
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall.
The Invocation was given by Reverend Earl N. McArthur of All Saints Episcopal
City Secretary Bill G. Read called the roll of those in attendance.
Motion by Lozano, seconded by Acuff and passed, that the Minutes of the Regular
Council Meeting of September 18, 1974, 2:00 p.m., and of the Special Meeting of September 18,
1974, 4:00 p.m., be approved as submitted to the Council.
Mayor Luby proclaimed October 7 through 13, 1974, as CORPUS CHRISTI LIONS
SERVICE WEEK, and October 9, 1974, as BOB HOPE DAY.
Mayor Luby presented the Council and City Manager with documents which he stated
were followups to points which he made in a press conference several weeks ago and responses made
by the City Staff to these points. The documents comprise a series of statements and questions to
the Council and City Staff challenging the City's right to acquire property in the Bayfront Science
Park expansion for development of a convention center. Coincidental to the foregoing, City
Attorney Riggs presented the Council with a written memorandum explaining legal aspects of the
Bayfront Park expansion and convention center project, certifying that the ordinances relating to
this matter are legal and valid.
Commissioner Stark reminded the Council of the imperative need for the Council to
proceed with completion of appointments to the Charter Amendment Committee. Mayor Luby
stated he had not submitted the three nominations allocated to him but had a number of interested
persons in mind and would make the selections next week.
Representatives of the Greenwood Branch Library extended a personal invitation to
members of the Council to attend the 8th Anniversary of the Library to be held October 10, 1974
from 1:00 to 3:00 p.m.
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Regular Council Meeting
October 2, 1974
Page 2
Mayor Luby announced the scheduled public hearings on requests of Mr. Carl L. Duaine
to close certain public rights-of-way.
City Manager Townsend presented the request to close the alley located between
Brownlee and Mexico, south of Lots 8 through 13, Block 3, Jones Addition and between and
generally parallel to Mestina and Lipan Streets. He explained that the alley is not open, was
platted as a duplicate alley, serves no practical purpose to remain, the affected departments have
no objections, and it is the staff's recommendation that the alley be closed as requested subject to
retention of a 10 foot easement for existing utility lines or any future utility installations.
No one appeared in opposition to the foregoing request.
Motion by Lozano, seconded by Muff and passed, that the hearing be closed.
Motion by Stark, seconded by Ricardo Gonzalez and passed, that the request of Carl L.
Duaine to close the alley located between Brownlee and Mexico, south of Lots 8 through 13,
Block 3, Jones Addition and between and generally parallel to Mestina and Lipan Streets, be
granted, subject to retention of a 10 foot utility easement, and an ordinance be brought forward
effectuating the change.
City Manager Townsend presented the request of Mr. Carl L. Duaine to close the north
1/2 of an extension of Purdue Street between Flour Bluff Drive and Cayo Del Oso. He explained
that the Master Storm Sewer Plan and the Master Transportation Plan propose using the right-of-way
for a future storm sewer and collector street to serve the surrounding vacant property when it is
developed. He pointed out that since thisroad is included in the Master Plan, this request should
be referred to the Planning Commission for their recommendation should the Council decide the
street should be closed. He explained that the applicant claimed the street cannot be widened
due to the transmission line, is the only access shown in the Master Plan between Don Patricio and
Glenoak and all the large platted farm tracts. He stated it is the general recommendation of the
staff that the street not be closed. Mr. Townsend stated that the applicant had not stated his reason
for the request except for his statement that it cannot be widened. He explained that when abutt-
ing property was developed and the street was needed, C.P.L. would move the transmission lines.
The applicant was not present for the hearing.
Motion by Acuff, seconded by Ricardo Gonzalez and passed, that this hearing be
recessed for a later time in this meeting pending notification of the applicant.
Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented
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recommendations with explanations and comments as follows:
a. That a public hearing be held at 3:30 p.m., October 23, 1974, Special Meeting,
on the following zoning applications:
(1)
Mr. Frank C. Allen - "A-2" to "B-5", located on the west side of North
Tancahua Street between Comanche and Blucher Streets.
(2) Mr. Bernie Bray - "AB" to "8-1" located on the west side of Airline Road
between Padre Island Drive and Williams Drive.
(3) Mrs. Rebecca Zundt - "R -1B" to "B-1", located on the northwest corner of
Hudson Street and Prescott Street.
(4) Text Amendments to City Zoning Ordinance as follows:
(a)
(b)
Amend Article 4, Section 4-1 to increase the number of zoning districts
to 20 to include the "RE" Residential Estate District.
Add a new Article 4B "RE" Residential Estate District to provide for a
one -acre residential district.
(c) Amend Article 24 to include height, area, and bulk requirements for
the "RE" District.
b. That bids be received at 11:00 a.m., Tuesday, October 22, 1974 for 25 double
parking meters (50 spaces) for Traffic Engineering.
c. That a one-year contract be awarded to Thurmon Fondren Glass Co., Corpus
Christi, for labor and materials to install glass in all City vehicles and heavy equipment as
required on the basis of low bid for an estimated total cost of $4,000. Bids were received from 5
firms. (Bid Tab #55-74)
d. That Southern Street next to Menger School be made one-way eastbound from
Brownlee to Alameda between the hours of 2:00 p.m. and 4:00 p.m. on school days. Notices
were sent to each property owner and none indicated opposition. The Traffic Safety Advisory
Board concurs with this recommendation.
e. That a 5 -year lease be authorized with the Texas School Land Board for approxi-
mately 215 acres on both sides of the Kennedy Causeway. The area involved is approximately
1,050 feet wide and 1,640 feet long at the Humble Channel, 1,050 feet wide and approximately
7,000 feet in length at the Intercoastal Canal and an additional tract approximately 800 feet by
2,200 feet southeast of the Intercoastal Canal and southwest of the causeway. There are now 12
leased facilities. The lease will authorize the City to sublease for recreational purposes with
1/3rd of the rent to go to the State and 1/4th to be placed in trust for future capital improvements
along the causeway.
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Regular Council Meeting
October 2, 1974
Page 4
f. That the following actions be token regarding the Horne Road -McArthur to Naples
Project:
1. Correct the action token August 14, 1974 to include sidewalk only on the
north side from Ayers to Ramsey but delete sidewalk on the south side. The
south side has many driveways, Targe concrete pipes and headwalls which
would make construction difficult. The north side has few driveways and
the lots back onto the street. The sidewalk will be continuous from the
Portairs Shopping Center to the Housing Authority's project at Browner
Parkway and Ramsey.
2. Authorize reworking a portion of Horne Road from Prescott to Sarita, approxi-
mately 1,200', to center the crown and thicken the base. This section was
to have only a 1-1/2" overlay which will be inadequate.
3. Approve a change order incorporating the above changes plus the action
approved on August 14, 1974, which deleted a portion of Horne Road from
Ayers to Naples. The change order will be for a net decrease of $6,652.18
for a total project cost of $194,764.41.
g. That certain revisions in the composition of the Nueces River Authority board of
directors be approved as a part of the proposed modifications being considered in the basic enabling
legislation for the Nueces River Authority.
Motion by Acuff, seconded by Lozano and passed, that the City Manager's Reports,
"a" through "g" be accepted, and the requests and recommendations be granted, adopted and
approved, as presented by City Manager Townsend.
City Manager Townsend presented for the Council's consideration ordinances appearing
on the agenda.
Motion by Acuff, seconded by Lozano and passed, that the Council be polled on the
following ordinances:
FIRST READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 6106, AS
AMENDED, BY ADDING A NEW ARTICLE ENTITLED "HISTORICAL -CULTURAL LANDMARK
PRESERVATION"; PROVIDING A DEFINITION OF THE TERM "HISTORICAL -CULTURAL LAND-
MARK"; PROVIDING A DECLARATION OF POLICY; PROVIDING FOR THE DESIGNATION OF
HISTORICAL -CULTURAL LANDMARKS BY THE CITY COUNCIL; PROVIDING CRITERIA TO BE
USED IN DETERMINING SUCH DESIGNATION; PROVIDING FOR CREATION OF A LANDMARK
COMMISSION AND PROVIDING FUNCTIONS FOR SAID COMMISSION; PROVIDING FOR
ACTION BY THE PLANNING COMMISSION AND BOARD OF ADJUSTMENT; PROVIDING FOR
THE FILING OF HISTORICAL -CULTURAL LANDMARK DESIGNATION WITH TAXING AUTHOR-
ITIES; PROVIDING FOR THE REGULATION OF WORK ON THE EXTERIOR OF HISTORICAL -
CULTURAL LANDMARKS; PROVIDING REGULATIONS AND PROCEDURES FOR THE DEMOLITION
OR REMOVAL OF HISTORICAL -CULTURAL LANDMARKS AND FOR REAPPLICATION TO PLANN-
ING COMMISSION; PROVIDING THAT HISTORICAL -CULTURAL LANDMARK DESIGNATION
SHALL NOT AFFECT PRESENT USES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE.
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, Lozano and Stark,
present and voting "Aye".
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Regular Council Meeting
October 2, 1974
Page 5
Motion by Branch, seconded by Acuff and passed, that the ordinance read on the first
of three readings on September 25, 1974 be amended prior to the second reading by amending
Section 2 of the ordinance closing and abandoning the 10 -foot easement in Lots 3, 6 and 7,
Block 6, Fallins Riverside Subdivision, so as to make the closing conditioned upon dedication of
an alternate easement by plat, rather than subject to the dedication of an alternate easement by
plat. Also, change the wording in the caption of the ordinance accordingly.
SECOND READING OF AN ORDINANCE REPEALING ORDINANCE NO, 11964 WHICH CON-
TAINED AN ERRONEOUS DESCRIPTION; CLOSING AND ABANDONING THE 10 -FOOT EASE-
MENT IN LOTS 3, 6 AND 7, BLOCK 6, FALLINS RIVERSIDE SUBDIVISION CONDITIONED ON
DEDICATION OF AN ALTERNATE EASEMENT BY PLATTING; PROVIDING FOR SEVERABILITY.
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, Lozano and Stark,
present and voting "Aye".
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE SOUTH TEXAS SPEECH, HEARING AND LANGUAGE CENTER, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the second time and passed to its third reading by
the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark,
present and voting "Aye".
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A CON-
TRACTUAL AGREEMENT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY
OF CORPUS CHRISTI FOR THE CONTINUATION OF A COOPERATIVE ESTUARINE INVESTIGA-
TION PROGRAM BEING CARRIED OUT IN CORPUS CHRISTI BAY AS MORE FULLY SET FORTH
IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT A.
The foregoing ordinance was read for the second time and passed to its third reading by
the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark,
present and voting "Aye".
SECOND READING OF A RESOLUTION EXPRESSING THE COUNCIL'S INTENT NOT TO APPROVE
ANYONE AS AN ELECTION JUDGE OR ALTERNATE WHO HAS NOT COMPLETED AN APPRO-
PRIATE TRAINING COURSE, UNDER THE AUSPICES OR ASSISTANCE OF THE LEAGUE OF
WOMEN VOTERS.
The foregoing resolution was read for the second time and passed to its third reading by
the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark,
present and voting "Aye" .
SECOND READING OF AN ORDINANCE CLOSING PORTIONS OF SOUTH STAPLES STREET
RIGHT OF WAY, MORE FULLY DESCRIBED HEREINAFTER; AUTHORIZING THE CITY MANAGER
TO EXECUTE QUITCLAIM DEEDS TO THE OWNERS OF PROPERTY ABUTTING SAID PORTIONS
OF SOUTH STAPLES STREET HEREBY CLOSED; PROVIDING FOR SEVERABILITY.
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SECONDREADING OF AN ORDINANCE CHANGING THE NAME OF SAN JOSE DRIVE,
BETWEEN CIMMARON DRIVE AND ROYALTON DRIVE, IN COUNTRY CLUB ESTATES, UNIT
15 TO SUGAR CREEK DRIVE; AND CHANGING THE NAME OF CIMMARON DRIVE IN
COUNTRY CLUB ESTATES UNIT 15, TO LOST CREEK DRIVE.
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, Lozano and Stark,
present and voting "Aye".
SECOND 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 ORDI-
NANCE NO. 6106, AS AMENDED, UPON APPLICATION OF REYES CASTILLO BY AMENDING
THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 6, BLOCK 27,
MEADOW PARK ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
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.
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, Lozano and Stark,
present and voting "Aye".
SECOND 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 ORDI-
NANCE NO. 6106, AS AMENDED, UPON APPLICATION OF E. MICHAEL HARDING BY AMEND-
ING THE ZONING MAP BY CHANGING THE ZONING ON A 19.577 -ACRE TRACT OF LAND
OUT OF THE W. B. AND ATLEE MC CAMPBELL LANDS AND BEING A PART OF SECTION 8,
RANGE VII, OF THE H. L. KINNEY SECTIONIZED LANDS OF VILLEREAL GRANT SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "1-2" LIGHT INDUSTRIAL
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PRO-
VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
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, Lozano and Stark,
present and voting "Aye".
SECOND 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 ORDI-
NANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SEYMOUR MENDELL BY AMEND-
ING THE ZONING MAP BY CHANGING THE ZONING ON A 3 -ACRE TRACT OF LAND OUT
OF LOTS 17 & 18, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE
FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT AND CHANGING THE
ZONING ON A7 -ACRE TRACTOF LAND OUT OF LOTS 17 & 18, SECTION 28, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-2" MULTIPLE DWELLING DISTRICT TO
"A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE
EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
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Regular Council Meeting
October 2, 1974
Page 7
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, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 12286
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 A. M. SALVO, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 5
ACRES, MORE OR LESS, OUT OF LOT 17, SECTION 13, FLOUR BLUFF & ENCINAL FARM AND
GARDEN TRACTS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT, AND CHANGING THE ZONING ON 10 ACRES, MORE OR LESS, OUT
OF LOTS 18 AND 19, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,
FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye ".
ORDINANCE NO. 12287
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 APPLICA-
TION OF W. R. HUBLER, M.D. BY GRANTING A SPECIAL PERMIT FOR A PHARMACY AND
OTHER "AB" USES ON A PORTION OF LOT 1, BLOCK 1002, BAY TERRACE 2, SITUATED 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 ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 12288
AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE SCHOOL
LAND BOARD IN CONNECTION WITH LEASING OF LAND FOR BAIT STANDS ON COASTAL
PUBLIC LANDS, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, COPY OF WHICH
IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
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FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS
AMENDED, BY AMENDING SUBSECTION (a) OF SECTION 21-153, SO AS TO ADD TO THE
SCHEDULE OF ONE-WAY TRAFFIC ON SOUTHERN STREET FROM BROWNLEE BOULEVARD AND
ALAMEDA STREET BETWEEN THE HOURS OF 2:00 P.M. AND 4:00 P.M., ON SCHOOL DAYS
ONLY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICA-
TION.
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, Lozano and Stark,
present and voting "Aye".
City Secretary Read stated that according to his tabulation, all ordinances voted upon
were unanimously passed.
A resident of the Southern Street and Brownlee Boulevard area spoke in opposition to the
proposed ordinance adding to the schedule of one-way streets on Southern Street between Brownlee
Boulevard and Alameda Street from 2 p.m. to 4 p.m. on school days, stating that the effective
times should be changed to all times or not at all due to confusion caused by specific hours. City
Manager Townsend pointed out that this had been the practice around schools for some time and
reported by the traffic department as being successful.
Motion by Acuff, seconded by Branch and passed, that the recessed public hearing for
the closing of a portion of Purdue Street be reconvened.
City Manager Townsend read a letter dated October 2, 1974 from Mr. William M. Fant,
stating that the owners of property located between Flour Bluff Drive and Cayo Del Oso are opposed
to the closing of the north 1/2 of an extension of Purdue Street. Mr. Townsend advised that the
Council concurred in this recommendation.
The applicant, Mr. Carl L. Duaine, stated this right of way line is the site of a trans-
mission line belonging to CP&L and he had requested the closing because he felt it poor planning
for the street to be there. He explained that he had already platted the land showing the street
there and showing the street to be widened to 30 feet.
Motion by Stark, seconded by Acuff and passed, that the hearing be closed.
Motion by Stark, seconded by Branch and passed, that the request of Mr. Carl Duaine
to close the north 1/2 of an extension of Purdue Street between Flour Bluff Drive and Cayo Del Oso,
be denied. Motion carried unamiously.
Mayor Luby called for petitions or information from the audience on matters not scheduled
on the agenda.
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Regular Council Meeting
October 2, 1974
Page 9
Mr. John de la Garza complained that some repair work had been done on McArthur
Street between Tarleton and Belton, and the street had been left full of chug holes and generally
in bad condition. He inquired if it is to remain this way. City Manager Townsend stated this
complaint would be investigated.
Motion by Acuff, seconded by Branch and passed, that the meeting be recessed until
3:30 p.m., the time scheduled for public hearings on five zoning applications.
During the recess the Council held the regular meeting of the Corpus Christi Municipal
Gas Corporation, and Director of Planning and Urban Development made a slide presentation of
the Community Development Act of 1974.
The meeting was reconvened at 3:35 p.m., and Mayor Luby announced the Council
would hold scheduled public hearings.
City Manager Townsend presented Application 0874-5, Padre Leasing, Inc., for change
of zoning from "A-1" Apartment House District on Lot 1, Block 9, South Park Addition, located
on the northeast corner of Monitor Street and South Padre Island Drive. The request was heard by
the Planning Commission August 27, 1974 and forwarded to the Council with the recommendation
that it be approved as requested. It was the Planning Staff's opinion that it should be denied on
the basis that it would be an intrusion into an established residential area and would be detrimental
to the adjacent uses, particularly those across Monitor and would encourage commerical uses to
further encroach into this area.
Chief Planner Larry Wenger explained the land use in the surrounding area stating that
is
the adjacent Lot 9Meased by Ed Hicks Datson Motor Company, they are in need of additional
space for their operation and this is the reason for the request. He explained that this property is
vacant at the present time, the dwelling having been recently moved from the premises. He
explained that the alleyway between the residential properties and the Datsun Dealership had been
closed with the exception of a utility easement.
Mr. Gonzalo M. Albornez, 5017 Monitor Street, spoke in opposition to the request
stating that his home is located immediately across Monitor Street. He explained that Monitor
Street already has a traffic problem and many children play in the yards and sometimes in the
streets; that a very nice home was moved from the lot leaving trash and parts of the foundation
which has become an eyesore. He stated that the noise from the car business is annoying now and
will become more so if it is allowed to expand. He requested the Council to adopt the position of
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the Planning Staff and deny the request.
Mr. Paul Fly, attomey representing Padre Leasing, Inc., spoke in favor of the request,
stating that ever since the Dotson people took control of this business it has been an asset to the
City, is under fine management, and is a growing business. He explained that more parking space
is needed, his client also owns Lot 4 which is located two lots to the north and that his client is
willing to construct an 8' redwood fence on Monitor Street and to the rear adjacent to Lot 2 if
this is required. He pointed out that Padre Island Drive has become a major business area; very
little residential development and just a matter of time until it will all be business. Mr. Fly was
questioned as to the time the building was removed from the lot and whether or not its removal had
any relation to the application. Mr. Fly responded that it was moved prior to the application.
City Manager Townsend pointed out that zoning application should have preceded removal of the
structure and not removed for the purpose of obtaining the zoning. Mr. Fly explained that his
client had a good offer for the house which was his reason for selling it and moving it from the
premises.
Mr. Ed Hicks, applicant stated their business had increased over 200 percent the last
few months, they are in desperate need of expansion, and they will either have to expand or move
to another location.
Motion by Stark, seconded by Acuff and passed, that the hearing be closed.
Motion by Stark, seconded by Branch and passed, Ricardo Gonzalez voting "Nay", that
the recommendation of the Planning Commission be concurred in and Application #874-5, Padre
Leasing, Inc., for change of zoning from "A-1" Apartment House District on Lot 1, Block 9, South
Park Addition, be approved as requested, and an ordinance be brought forward effectuating the
change.
City Manager Townsend presented Application 0874-6, James E. Faris, for change of
zoning from "R -1B" One -family Dwelling District to "B-4' General Business District on Lot 49,
Laguna Madre Cove, located at the east end of Whiteley Drive adjacent to Laguna Madre. The
request was heard by the Planning Commission August 27, 1974, and forwarded to the Council with
the recommendation that it be approved. The staff recommended denial on the basis of the undesirable
uses permitted under the "B-4" Classification.
Mr. Wenger described land uses in the area; stated that the property is presently vacant;
the property is located at the terminus of Whiteley Drive with a private channel to the rear of the
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Regular Council Meeting
October 2, 1974
Page 11
properly, and there is an access problem.
Mr. James E. Faris, applicant, stated that a boating club is proposed, and the "B-4"
is being requested for loan purposes. He pointed out that deed restrictions had been filed for record
at the time he purchased his lot restricting offensive or unsanitary uses of the club. He further
stated that a petition favoring the change containing 50 signatures of persons living in the immed-
iate area had been filed prior to the Commission Hearing.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Acuff, seconded by Lozano and passed, that the hearing be closed.
Motion by Acuff, seconded by Branch and passed, that the recommendation of the
Planning Commission be concurred in and Application #874-6, James E. Faris, for change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 49,
Laguna Madre Cove, located at the east end of Whiteley Drive adjacent to Laguna Madre, be
approved as requested, and an ordinance be brought forward effectuating the change.
City Manager Townsend presented Application #874-7 Roland Garcia, for change of
zoning from "R -1B" One -family. Dwelling District to "AB" Professional Office District on Lot 10,
Block 3, Virginia Place #3, located on the northeast comer of Spring Street and Gollihar Road.
The application was considered by the Planning Commission August 27, 1974, and forwarded to
the Council with the recommendation that it be approved as requested. It was the opinion of the
staff that "AB" zoning would be an intrusion into a residential area and detrimental to adjacent
residential uses.
Mr. Wenger described the lond uses in the area pointing out that the property is presently
occupied with a single-family dwelling. He explained that the lot is small and sufficient parking
space would be difficult to provide which would have to be worked out if there is a change in
occupancy.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed.
Motion by Ricardo Gonzalez, seconded by Stark, that the recommendation of the Plann-
ing Commission be concurred in and Application #874-7, Roland Garcia for change of zoning from
"R -1B" ONe-family Dwelling District to "AB" Professional Office District on Lot 10, Block 3,
Virginia Place #3, be approved. Mayor Luby, Mayor Pro Tem Acuff, and Commissioners Lozano,
and Tom Gonzales, voted "Nay"; Ricardo Gonzalez, Stark, and Branch voting "Aye". The motion
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Regular Council Meeting
October 2, 1974
Page 12
failed for lack of sufficient affirmative votes.
Commissioner Ricardo Gonzalez, requested that, in view of changing conditions a
study be made of the zoning on Padre Island Drive, McArdle and Gollihar, for presentation to
the Planning Commission. He stated he felt there had been some inconsistency of actions of the
Council in these areas.
City Manager Townsend presented Application #874-9, George Moody, Trustee, for
change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District
on a 2 -acre tract of land out of Lot 5, Section 2, Bohemian Colony Lands, located on the north-
west comer of Holly Road and Carroll Lane. The request was heard by the Planning Commission
August 27, 1974, and forwarded to the Council with the recommendation that it be approved.
The Planning Staff's opinion was that it be denied on the basis that it would be detrimental to the
adjacent residences, a single use for a single purpose, and regardless of development, a 30 foot
right-of-way dedication along Carroll Lane and a 20' dedication along Holly Road would be
required.
she
Mrs. Jimmy Wilson, 3601 LaPaz, stated / was in opposition to the request for "B-4"
zoning because it was not clear what type business will be conducted, and she was particularly
concerned as to the sale of liquor or establishment of a teenage meeting place.
Attorney John Waller spoke on behalf of the applicant, stating that his client has a
contract to purchase from the owner, and for Southland Corporation who owns the 7-11 Foodstores,
and requested that the application be changed to "B-1". He explained that a 7-11 convenience
store is proposed for approximately 1/2 of the tract, and that a 30' strip would be dedicated along
Carroll Lane for street widening, and a 20' dedication on Holly Road. Mr. Waller stated he could
not speak for his client, but felt sure he would be willing to restrict against the sale of alcoholic
beverages.
Mr. Armando Saenz, 608 Chamberlain, owner of Lot 7, stated he was in opposition to
the proposed change in zoning whether or not alcoholic beverages were sold, on the basisof-traffic
problems, and whether or not access will be on Carroll Lane. He pointed out that LaPaz Drive
is very narrow and is always congested.
The foregoing public hearing was temporarily recessed for a determination by the
applicant's attorney as to the intentions of the applicant regarding sale of alcoholic beverages.
City Manager Townsend presented Application 0774-16, Joseph A. Hansler, for
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Regular Council Meeting
October 2, 1974
Page 13
change of zoning from "R-2" Multiple Dwelling District to "A-2" Apartment House District on an
approximate 12.693 -acre tract of land out of Lots 19 & 20, Section 18, Flour Bluff & Encino!
Farm & Garden Tracts. The request was considered by the Planning Commission July 30, 1974
and forwarded to the Council with the recommendation that it be denied on the basis that it would
asld to the concentration of apartments in this area. The Planning Staff's recommendation was that
the request be denied on the basis that it is contrary to the overall plan of this area and areas to
the south and east which plan was proposed as a unified project providing drainage facilities in
conjunction with a street pattern, and a buffer between the apartments and single-family homes.
Mr. Townsend reported that 7 letters had been received in opposition and one in favor to the
request since the Planning Commission hearing, and that the 20 percent rule is in effect.
Mayor Pro Tem Acuff requested that he be considered disqualified from voting on the
foregoing zoning application for the reason that his business associate has a financial interest in
the case. Mayor Pro Tem Acuff retired from the Council room and remained outside Council
Chambers during discussion and vote on this application.
Mr. Orby Roots, architect, appeared on behalf of the applicant and explained that
Mr. Vaughn Bowen and T. W. Williford are co-owners of the subject property; that the purpose
of the request for "A-2" instead of "A-1" was to permit the establishment of a nursing home on part
of the property, and that in this presentation, he would attempt to show why the request is reason-
able and valid. He showed colored slides of the general area and the proposed development, and
pointed out that the slides were not shown to the Planning Commission at their hearing.
Mr. Roots stated that the general economic situation in Corpus Christi is in a negative
state of growth; that the trend toward multiple family dwellings and the high demand for rental
housing because of the expense involved in single family buildings is prevalent; that apartment
living is a counter action against urban sprawl; that apartment living enables employees to live
closer to their employment, and provides a better use of expense land. He described the street
patterns and the drainage facilities, stating that there would be no drainage difficulties; all
municipal facilities such as gas, electricity and sanitation, are already in the area and are
adequate; that collector streets will accomodate any increase in traffic; water and fire protection
facilities are no problem; adequate recreational facilities; and bus service available on Williams
Drive. He explained that the School District had been contacted as to the impact on the area
schools, and he had encountered no problem in that regard. He pointed out that statistics have
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Regular Council Meeting
October 2, 1974
Page 14
proven that apartments have shown no appreciable effect on school population; that the tax base
is increased by development of the land, and the proposed development would add substantially to
the tax base.
Mr. Roots explained that some of the objections voiced at the Commission hearing are
no longer opposed after they were contacted individually and the proposal presented. He presented
a petition containing eleven signatures of persons living on Daly Drive indicating that they were
withdrawing any previous opposition expressed either orally or in writing providing certain restric-
tions are legally imposed on present or subsequent owners. Mr. Roots stated he had not reviewed
the letters received in opposition since the Commission hearing.
Mr. Roots presented a sketch of the site plan, stating they were not sure where the
nursing home would be located but desired some flexibility in this regard. He stated if there are
major objections, they would entertain the idea of changing the request to "A-1". He explained
that they propose to erect a six-foot screening fence to be constructed before certificate of occupany
is issued for the nursing home. He showed a colored slide of developments which could be permitted
under the "R-2" zoning classification,
Mr. Roots referred to a letter signed by Mr. Jule PeIs, owner of fifteen lots in Briarwood
immediately across Hardwick Street, plus thirty more in close proximity, pointing out that he has
not developed these lots and is concerned with valuations in this neighborhood; that he feels the
approval of the subject request is necessary for the development of the land and will enhance the
value of existing homes and future building in his plans. Mr. Roots stated if the "R-2" zoning
request is rejected and the present"A-2" zoning remains, the owners are willing to sacrifice their
equity and deed the property over to anyone who would assume the debt.
City Manager Townsend reported that the Traffic Engineering Department's opinion was
that the proposed zoning would result in a greater density and corresponding increase in traffic
activity on the surrounding residential streets would result to the detriment of the area.
Mr. Vaughn Bowen, applicant, stated he had visited almost every home on Daly Drive;
that there is some opposition, and pointed out that two of the names appearing on the petition have
also submitted letters in opposition, but these persons signed the petition favoring "A-2" with the
restrictions noted. He emphasized that he had informed them that the nursing home was their first
choice, and that they agreed to the items listed on the petition.
Minutes
Regular Council Meeting
October 2, 1974
Page 15
Mr. Mike Smith, CPA, stated he concurred with the statements of Mr. Roots
relative to the complete lack of feasibility of developing the land without the
requested zoning; that he has had no harmful effects from the apartments now located
in his neighborhood and feels that the applicants should be permitted to develop the
property in the manner stated which would improve the neighborhood.
Mr. Don Dozier, 4118 Herndon, spoke in favor of the zoning request as an
important boost to the economic growth of the area.
Mr. Bob Thompson, 13618 River Forrest, stated he was personally acquainted
with the applicant and would support his good intentions; can see no adverse effects
of the proposal, and in view of the economic slowdown and tight money conditions,
feels this would be an asset to the community's economy.
Mr. Walter F. Funderburk, 513 Hopper (retired), stated Corpus Christi is the
fastest growing city in the country, and feels the zoning should be granted as requested
for continued growth.
Mr. Armando Saenz, spoke in favor of the request, stating this is an opportunity
to aid the older and younger citizens alike, also will be beneficial to the Corpus
Christi A & I College and Naval Air Station personnel, the request is reasonable,
and the Council should approve it.
Mr. Burley Fellows, 12930 Hearn Road, spoke in favor stating it was his
opinion that land owners should not be prevented from making the best use of their
land and should not be forced to take financial losses because of zoning restrictions.
Mr. (fain D. Fowler, 1722 Daly, spoke in opposition on the basis that the
applicant had not shown a definite plan but had presented two proposals, one for apart-
ments and another for a nursing home; that it is not clear what the plans really are;
that the names were obtained on the petition by saying they planned to develop the
property as a nursing home; that no mention had been made of the fact that if both
portions of the land are developed, it would cut off access from the rear, and his
back yard would become a race track; and that unless deed restricted, the buildings
could be as high as three stories. He stated that if he had assurance that the
development is confined to a nursing home with proper deed restrictions, he would not
be opposed.
Mr. James W. Linthacum, 1802 Daly, stated he signed the petition that he
would not oppose the requested "A-2" zoning for development of a nursing home if certain
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Minutes
Regular Council Meeting
October 2, 1974
Page 16
restrictions are legally imposed on the present and any subsequent owners as set out in
the petition.
Mr. Roots explained that they could not guarantee establishment of the nursing
home because they cannot make a contract until they are assured of the appropriate
zoning; the proposal was made twofold in order to have some alternate choice; but the
potential contractors would not even discuss the proposed nursing home project until
the zoning is assured.
A registered nurse employed at Spohn Hospital, spoke in opposition to the
proposed nursing home, stating there are already more nursing homes in the City than
can be operated efficiently with the available nursing personnel; that a review of our
present nursing home facilities should be .initiated to see if there is a specific
need for another one and is in the best interest of the community. She claimed that
the contractors interested in this nursing home are not interested in the care of the
patients but are only here to make money.
Mr. David Clay, 1742 Daly, spoke against the requested zoning change for the
construction of apartments or the nursing home, complaining that there are already too
many apartments in this area; additional units would further downgrade property values;
the nursing home would not be desirable due to its close proximity to the 138 to 140
government subsidized housing, and the contractors are not using the best judgment in
this regard.
Mr. Kenneth H. Vardeman, 1736 Daly Drive, stated apartments at the rear of
his home will destroy his privacy; decrease the value; would block the prevailing south
breeze, and due to the direction, fumes will create a health hazard. He stated he feels
duplexes should be built as planned.
Mr. Ken W. Miller, 5637 Fresno, pointed out that there are some expensive
homes surrounding this area, and felt either the apartment or nursing home development
would not be detrimental to any of these residents. He pointed out that there would
be a six-foot screening fence to protect the residences; the development will be
separated from the goverment subsidized housing, speeders will not be permitted, and
the proposal will be an asset to the community.
Mr. Joe Hensler, applicant, pointed out that the opposition appeared to be
against "A-1" on the top portion of the tract, and that they would be agreeable to
"A-2" on this portion limited to specificallythe nursing home, and rezone the lower
portion "A-1" if that could be achieved.
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Regular Council Meeting
October 2, 1974
Page 17
Motion by Stark, seconded by Ricardo Gonzalez and passed, that the hearing
be closed.
Motion by Ricardo Gonzalez, seconded by Stark
that "A-1" Apartment House District be approved on the
"A-2" Apartment House District be approved on the north
that the applicants have indicated their willingness to
and passed, Luby
southern portion
portion with the
voluntarily deed
voting "Nay",
of the tract; that
understanding
restrict this
portion to a nursing home or for "R-2" Multiple Family Dwelling with density of no more
than 40 units, with other conditions noted on a petition as follows: (1) no structure
designed for residential usage either single or multi -family, shall be constructed
any closer than forty-four feet from the rear property line of lots fronting on Daly
Drive; (2) no structure shall be moved from another location to these lands; and (3)
there shall be erected on the rear property line of the lots having frontage on Daly
Drive a screening fence of wood construction, not less than six feet in height. Construc-
tion of this screening fence is not required to be done until the development of the
land.
Relative to Application #874-9, George Moody, Trustee, which was temporarily
recessed previously in this meeting for the attorney's conformation of the applicant's
willingness to deed restrict the property against the on -premise consumption of
alcohol, Attorney John Waller stated the applicant had agreed to this condition.
Motion by Branch, seconded by Acuff and passed, that the hearing be closed.
Motion by Acuff, seconded by Lozano and passed, that Application #874-9, George
Moody, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4"
General Business District on a 2 -acre tract out of Lot 5, Section 2, Bohemian Colony
Lands, be denied and in lieu thereof "B-1" Neighborhood Business District be approved
with the understanding that the applicant has indicated that he will voluntarily deed
restrict the property against the sale of alcoholic beverages for on -premise consumption
prior to passage of the ordinance.
ORDINANCE NO. 12289
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 SF, OF THE ORDINANCE
AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF NUECES BAY DEVELOPMENT CO., INC.
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 3.05 ACRES OUT OF THE FORMER
W. E. POPE ESTATE TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
FROM "AT" APARTMENT -TOURIST 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 suspended and the foregoing ordinance was passed by
the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano
and Stark, present and voting "Aye"
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Minutes
Regular Council Meeting
October 2, 1974
Page 18
ORDINANCE NO. 12290
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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH,
1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5
BY ADDING THERETO TWO NEW SUBSECTIONS, TO BE NUMBERED 31-5.11 AND 31-5.12, SETTING
FORTH ZONING CLASSIFICATIONS ON TWO DESCRIBED TRACTS OF LAND WHEN ANNEXED TO
THE CITY OF CORPUS CHRISTI, SAID TRACTS BEING OUT OF THE FORMER W. E. POPE ESTATE
TRACT LOCATED ON THE NORTH END OF CORPUS CHRISTI BEACH LYING ADJACENT TO THE WEST
BOUNDARY LINE OF HIGHWAY 181, MORE PARTICULARLY DESCRIBED HEREINAFTER; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano
and Stark, present and voting "Aye".
ORDINANCE NO. 12291
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 PARTICUTARLY
AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF PADRE LEASING,
INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 9, SOUTH
PARK ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM
"A-1" APARTMENT HOUSE 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 suspended and the foregoing ordinance was passed
by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez,
Lozano and Stark, present and voting "Aye".
ORDINANCE NO. 12292
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 JAMES E. FARIS
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 49, LAGUNA. MADRE COVE
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, 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 suspended and the foregoing ordinance was passed
by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez,
Lozano and Stark, present and voting "Aye".
City Secretary Read stated that according to his tabulation, all of the
foregoing ordinances voted upon were unanimously approved.
Motion by Stark, seconded by Ricardo Gonzalez and passed, Branch voting
"Nay", that the offer of Mr. and Mrs. George Taylor for settlement of the condemna-
tion case involving property located at Ocean Drive and Sinclair which was being
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Minutes
Regular Council Meeting
October 2, 1974
Page 19
acquired for the Ropes Open Space Park, be settled as follows: (1) return of
parcels 20A and 21 to Mr. and Mrs. Taylor; (2) withdrawal by the City of the $27,600
placed with the court for condemnation award; (3) filing of supplemental deed
restrictions by the Taylorsto make the City a party to the deed restrictions pro-
hibiting any construction and to add to the requirements that the Bay will be
visible from a majority of the Ocean Drive frontage and no fences built; (4) donation
by the Taylors of their 1/2 interest in Lots 10 and 11 of Block 81 of the Bayfront
Park; and (5) agreement by the City to pay market value for the Block 81 property
should the City later condemn parcels 20A and 21 in the Ropes Park area.
Commissioner Branch stated he was not in favorof this settlement on the
basis it is a reversal of commitments made by this and previous Councils to secure
open space land along the Bay side of Ocean Drive for public parks, is a double
standard, and is not in good faith to the people who supported the bond issues. He
pointed out that the agreement is meant to prevent the public from using the Taylor
property as a park but will be difficult to enforce since no fence has been allowed.
He pointed out that a previous Council did not hesitate to take land from Mr. Dudley
Jones for construction of the T. C. Ayers Park; that Mr. Jones had made a similar
offer to buy land at another location but was rejected by the then Council.
Mr. Paul Vogler, Jr. representing the Good Government League, appeared and
advised the Council that petitions presently being circulated calling for an election
for revision of the City Charter to change the form of government from Council -Manager
to Mayor -Council, are in fact being circulated and will be filed with the City
Secretary when verification of signatures is completed. He passed around some of
the petitions for the Council's review. He commented that checking the signatures for
verification has been a monumental task, but when completed he expects there to be
some 10,000 names on the petitions. He stated that personalities are not involved,
and the petitions are not aimed at helping or hurting any particular person.
There being no further business to come before the Council, motion by
Ricardo Gonzalez, seconded by Acuff and passed, that the meeting be adjourned at
6:40 p.m., October 2, 1974.
•