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HomeMy WebLinkAboutMinutes City Council - 09/03/1975PRESENT: Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 3, 1975 2:00 P.M. City Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem Bill Tipton called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Commissioner Gabe Lozano in the absence of the invited Guest Chaplain. City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Sample and passed, that Mayor Luby be excused for just cause. Motion by Gill, seconded by Sample and passed, that the Minutes of the Regular Council Meeting of August 20, 1975 be approved with minor ,corrections. Mayor Pro Tem Tipton announced that proclamations had been issued in his office relative to the following: WEIGHT WATCHERS WEEK, September 8 through 12, 1975; and NATIONAL CANCER DAY, September 8, 1975. Relative to the appointment to the Civil Service Board and Commission, City Manager Townsend stated: (1) "It has been alleged in the lawsuit now under- way that the appointment of Mr. Raul Garcia to the Civil Service Board and Commis- sion on August 4, 1975, did not fully comply with the applicable sections of Article 1269m; that since the intention of the City Council to confirm the appoint- ment of Mr. Raul Garcia to the Civil Service Board and Commission was clearly evident, the Council might wish to reconsider the actions previously taken so that the Council's action will be clearly and properly recorded; (2) Statements in the news media since the•lifting of the restraining order on Tuesday, September 2, indicate that the ex -chairman, Mr. William Bonilla, contends that he is still chairman of the Commission and thus, for the orderly carrying out of the responsi- bilities of the Commission, generally and specifically, at their regular meeting on Friday, September 5, this question should be resolved; (3) As I stated on August 4, 1975, at the City Council workshop, I was then placing before you for confirmation that person who received the approval of four members of the City Council; (4) I therefore resubmit for your confirmation and reconfirmation the appointment of Mr. Raul Garcia to the Civil Service Commission." Minutes Regular Council Meeting September 3, 1975 Page 2 Motion by de Ases, seconded by Lozano and passed, with Gill abstaining, that the appointment of Mr. Raul Garcia to the Civil Service Commission and Board, be confirmed and reconfirmed. Mayor Pro Tem Tipton called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related explanations and comments, as follows: a. That bids be received at 11:00 a.m., Tuesday, September 23, 1975 for a communications service monitor for the Radio Shop to measure radio frequency deviations. b. That bids be received for an organic carbon analyzer for the Health Department at 11:00 a.m., Tuesday, September 23, 1975 to test for pollutants in water and wastewater. This equipment will also be used in support of the contract with the Texas Water Quality Board. c. That a contract be awarded to Kaufman, Inc. of San Antonio for $4,590.00 for 300 jumpsuits for the Fire Department. The apparent low bid submitted by Factory Sales of Houston of $3,585 did not have raglan sleeves, or rear pocket button or zipper or heavy duty zippers as specified. Only two bids were received. (Bid Tab #55-75) d. That radios be purchased through the North Central Texas Council of Governments for transportation services for public welfare clients. A tentative purchase order for $16,980 has been placed through the Coastal Bend Council of Governments to take advantage of a favorable contract between the North Central Texas COG and General Electric Corporation. The contract includes 11 radios and related base stations and tone encoding equipment. The total project including antennas and installation is estimated to cost $25,000 which will be fully reimbursed from the Public Welfare Title XIX Transportation Grant. (Bid Tab #56-75) e. That a drilling permit be granted to Golden Trend Oil & Gas Corpora- tion to drill a straight hole to a depth of 9300 feet, at a regular location, in State Tract 448. This location is approximately 2 miles southwest of Ingleside Point. No exceptions to the Bay Drilling Ordinance are requested. f. That the Texaco, Inc. sign lease for a double -face illuminated sign at the Airport be approved for 3 years at an annual rate of $400.00. The previous permit which expired August 1, 1975 was for $354.00 per year. The existing sign is approximately 37.5 feet long and 35 feet high and is located 12 feet southeast of and parallel to the southeast lease line of Bledsoe Aviation. Minutes Regular Council Meeting September 3, 1975 Page 3 g. That the Williams Drive Health Clinic, constructed by Rome Construc- tion Company be accepted and final payment of $10,284.77 be approved for a total of $78,074.68 including $355.00 being retained until the building identification sign and plaque are completed. The clinic is a 1972 bond election project. h. That the Airport Tower Expansion Project be accepted and final payment of $73,421 be made to Lambert and Fondren, Inc. for a total of $683,925 including $9,525 to be retained until Change Orders No. 3 and 7 are completed when the retainage will be released. It is further recommended that Change Order No. 7 for $5,225 be authorized for electronic security equipment on the 5th floor. Change Order No. 3 ($4,300) delayed finishing the 5th floor for 7 months until F.A.A. could install certain equipment. F.A.A. has, agreed to enter into a lease amortiz- ing the cost of the tower expansion over 15 years. i. That a public hearing on paving assessments be held September 24, 1975 at 3:00 p.m. in the Council Chamber for paving improvements on Blundell and Dodd Drive from Viola Street to a point 135' southwesterly and on sidewalk improve- ments on Brownlee Boulevard from South Staples Street to Cole Street (east side). The assessment roll contains 5 property owners and is based on the low bid submitted by Asphalt Paving & Construction Company of $22,428.60. The preliminary assessments total $2,543.05. (See subsequent motion) j. That the contract with the Community Development Corporation be renewed for 1 year for $30,893 for the following services: (1) Planning and assistance in the construction of low income housing. (2) Assisting in obtaining loans for rehabilitation of low income families. (3) Providing design and architectural services through the Community Design Center to families or organizations who could not otherwise obtain such services. (4) Counseling low income persons regarding home ownership. k. That bids be received at 11:00 a.m., Tuesday, September 23, 1975 for 2 new 2,000 GPM vertical turbine or mix flow return water wash pumps for the Stevens Filter Plant as part of the construction of a 350,000 gallon return wash water holding reservoir and return pumping system to eliminate the discharge of sediment and wash water into the Nueces River. The wash water will be pumped from the reservoir into settling basins and the sediment conveyed to drying beds. Approximately 1-1/2 million gallons of treated water daily will be thus recovered. Construction is being carried out by City Plant personnel supplemented by CETA employees. Minutes Regular Council Meeting September 3, 1975 Page 4 1. That a contract with Jim Wells County be approved for the elderly nutrition program and the grant offer from the Governors Committee on Aging of $37,245, be accepted for September, October, and November, 1975. Funds will be used for start-up costs including administration, facilities, equipment, and staff, in preparation for the meals program which is to begin December, 1975 when a supplemental grant is anticipated. m. That a revised ordinance be passed requiring fire breaks where large undeveloped parcels of land are overgrown with brush and weeds such as in Flour Bluff. A similar ordinance has passed on first and second readings, however, third reading was delayed until amendments could be developed incorporating guidelines in determining whether a fire break is necessary. Such guidelines have been developed. It is recommended that the revised ordinance be passed on three readings rather than amending the previous ordinance prior to third reading. All brush and weeds within 50' of the property line of any adjacent property which is developed and contains a structure thereon and within 20' of the property line adjacent to any public right-of-way would be required to be maintained at a height of no more than 24" with all branching growth and leafy foliage removed which is five feet or less above the ground. The Fire Chief would be authorized to require more extensive and intensive fire breaks where conditions warrant. The revised ordinance would exempt nurseries, farms and other crop cultivation areas, to require a 50' fire break if no structure on the adjacent property is within 100',of the brush, grass and weeds, and require the Fire Chief to take into account factors such as, but not limited to, the following: (1) Extent and density of brush or weeds on the property. (2) Character and density of development on adjacent property. (3) Distance of structures on adjacent property from the brush or weeds. (4) Width, character and use of the public right-of-way involved. Mr. Dave Coover, 3701 Denver, appeared and stated he had recently purchased property on Topeka Street and had observed that the sidewalks and curbs were in bad condition because of trees having been planted in the narrow easement between the curb and sidewalk. He stated the roots from these trees have caused the sidewalk and curbs to buckle and crack, and there should be some policy established by ordinance precluding the planting of trees within some 4 or 5 feet of the sidewalk. No action was taken. Minutes Regular Council Meeting September 3, 1975 Page 5 Motion by Lozano, seconded by Sample and passed, that the City Manager's Reports, be accepted, and Items "a" through "m" be granted, approved and adopted as presented by City Manager Townsend. City Manager Townsend presented the pending item of Mr. David M. Coover, Trustee, for change of zoning from "F -R" to "R -1B" located on the west side of Flour Bluff Drive and north of Yorktown Boulevard which was heard by the City Council on September 11, 1974 and tabled until further information could be obtained on the affect of Waldron Field flight paths and noise zones on the property. He explained that since that time the request has been considered on several occasions, and on March 26, 1975, "R -1B" was approved on the 40 -acre portion at the northwest corner of Yorktown Boulevard and Flour Bluff Drive after receipt of -the TRACOR study which showed that residential development on this portion would not be adversely affected by Waldron Field flight paths and noise zones; that action on the remain- ing westerly 40 acres was later tabled until September 5, 1975 to determine if the Navy could alter Waldron Field flight paths and thus remove the probable adverse effect on residential development. He stated the flight paths cannot be altered and unless action is taken on this remaining portion of the request, the case will automatically be denied. - Commissioner de Ases inquired as to the possibility of incorporating deed restrictions in the ordinance making the zoning change to make purchasers aware of the noise levels in the particular area. City Manager Townsend explained that the problem in this case is addressed to the density factor, pointing out that there are no sewers in this part of Flour Bluff. As to incorporating deed restrictions in the'ordinance granting the change, he stated the platting ordinance could be amended to include the "R -1B" classification. Chief Planner Larry Wenger stated that the Planning Staff had communicated with other cities who have had situations of this type and it had been found that enforcement of deed restrictions against noise levels had been very unsuccessful because it is difficult to keep people from complaining and most people do not read the deed restrictions. Mr. Dave Coover, applicant, complained of the length of time this matter had been before the Planning Commission and the Council, and pointed out that the , property had not been sold because of the publicity regarding the flight patterns and noise factors. He stated there are rumors that the City does not intend to extend the water and sewer lines and all of this makes it difficult to either Minutes Regular Council Meeting September 3, 1975 Page 6 dispose of or utilize the land. He pointed out that the taxes are high and will be increased further, which he cannot afford; that if the Navy needs the land they should take it and if not, the owners should be allowed to use it to its highest and best use which is "R -1B". He requested that the Council defer action on the matter and that he would be willing to wait another six months rather than accept a hasty decision now. No action was taken on the foregoing zoning request which will result in the zoning change not being granted. City Manager Townsend presented the following recommendation (Item "n") of the City Manager's Reports. n. That an application for financial assistance to the Texas Water Development Board be authorized for presentation at the Board's meeting on September 16, 1975. The application contains the following provisions and requests: (a) The Board purchase $15,000,000 of Junior Lien Water Revenue Bonds with maximum maturities of 15 years at the Board's average interest rate plus I/2%, probably between 4-1/2 and 5-1/2%. (b) Approximately $7,895,000 be used to retire the Water Fund's existing first mortgage debt which has approximately the same average interest rate and matures over 11 years to 1986. (c) The City use the remaining $7,105,000 of new bonds plus approximately $3,500,000 of reserves which will become available when the bonds are retired for payments to the Bureau thru 1977 for Choke Canyon expenditures. (d) The City arrange for the balance of the initial Choke Canyon payments, about $9,000,000, thru a contract with the Nueces River Authority or, if such a contract is not successfully negotiated, directly thru the sale of first lien revenue bonds. If the application is approved, the Council will need to approve several additional actions to consummate the refunding on December 1, 1975, and to sell the bonds for payments to the Bureau during 1976"aannd 1977.. The refunding will enable the City to obtain a less restrictive mortgage and have the capacity to sell at least $10,000,000 of additional water revenue bonds for the needed system improve- ments. Mr. Townsend explained in detail the foregoing matter and told the Council the proposal would not change the City's stand regarding the co -sponsoring of the Nueces River Authority on the project but would strengthen the City's position in regard to the NRA. The Council agreed to attend the Texas Water Development Board meeting to be held in Austin September 16 when the City's request for bond support would be presented, and agreed that the Council would discuss the matter next week during workshop to be assured of a unified position at the meeting. Minutes Regular Council Meeting September 3, 1975 Page 7 Motion by de Ases, seconded by Gulley and passed, that the foregoing Item "n" of the City Manager's Reports, be approved. City Manager Townsend presented the following ordinance for the Council's consideration providing that the City Secretary file a notice in the office of the County Clerk as to the action therein: ORDINANCE NO. 12779 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Brownlee Boulevard Sidewalk, South Staples Street to Cole Street, east side only; 2. Blundell Drive, southwesterly from Viola Avenue approxi- mately 135 feet to existing Street improvements; and 3. Dodd Drive, southwesterly from Viola Avenue approximately 135 feet to existing street improvements; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS: REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 12780 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS COUNTY, TEXAS: Brownlee Boulevard Sidewalk, South Staples Street to east side only; DIRECTOR OF VARIOUS COSTS FOR CHRISTI, NUECES Cole Street, Blundell Drive, southwesterly from Viola Avenue approximately 135 feet to existing street improvements; and Dodd Drive, southwesterly from Viola Avenue approximately 135 feet to existing street improvements; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, OCTOBER 1, 1975, AT 3:00 P.M., IN THE COUNCIL CHAMBERS OF CITY HALL, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF -TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. FIRST READING OF AN ORDINANCE RELATING TO CONTROL OF PARCELS OF LAND WHEREON THERE EXISTS WEEDS OR VEGETATION, DEAD TREES, DEAD BRANCHES ON LIVING TREES, OR OTHER HAZARDOUS WASTES OR REFUSE, WHICH CONSTITUTES A FIRE HAZARD; PROVIDING FOR FIRE BREAKS WHERE DEEMED NECESSARY BY THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE; PROVIDING FOR A LIEN TO CLEAR THE PREMISES; PROVIDING FOR REMEDIES AT LAW OR IN EQUITY; PROVIDING FOR NOTICES TO THE PERSON HAVING CONTROL OF SUCH LAND OR THE OWNER; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY. Minutes Regular Council Meeting September 3, 1975 Page 8 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8879, KNOWN AS THE "LAND DRILLING ORDINANCE", AS AMENDED, BY AMENDING SUBSECTION 4.5 OF SAID ORDINANCE SO AS TO PROVIDE THAT NO WELL SHALL BE DRILLED AT ANY LOCATION WHICH IS ON OR MORE THAN 175 FEET FROM THE EXTERIOR BOUNDARY LINE OF THE LANDS UTILIZED FOR CEMETERIES OR PUBLIC PARKS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 12781 AUTHORIZING EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH LAMBERT & FONDREN, INC. FOR CONSTRUCTION OF THE CORPUS CHRISTI HEALTH CENTER, SAID CHANGE ORDER TO PROVIDE FOR ADDITIONAL SITE WORK, INCLUDING PARKING AREAS, DRIVEWAYS, WALKWAYS, LIGHTING, AND LANDSCAPING TO COORDINATE BOTH VEHICULAR AND PEDESTRIAN ACCESS TO THE HEALTH FACILITY, SENIOR CITIZENS CENTER, AND GREENWOOD LIBRARY; CANCELLING THE APPROPRIATION OF $25,660.50 IN THE NOS. 121, 122, 124, AND 125 GENERAL REVENUE SHARING FUNDS ACCORDING TO THE SCHEDULE ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE TRANSFER OF SAID $25,660.50 TO THE NO. 268 HEALTH FACILITIES BOND FUND; APPROPRIATING AND REAPPROPRIATING $33,050, OF WHICH $25,660.50 IS OUT OF THE NO. 268 HEALTH FACILITIES BOND FUND AND APPLI- CABLE TO PROJECT NO. 268-72-1, AND $7,384.51 IS OUT OF THE NO. 269 LIBRARY BOND FUND AND APPLICABLE TO PROJECT NO. 269-67-1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 12782 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE COMMUNITY DEVELOP- MENT CORPORATION OF CORPUS CHRISTI FOR PLANNING AND CONTRACTING OF LOW INCOME AND LOWER MIDDLE INCOME HOUSING, CONTINUING COUNSELING SERVICES; AND ACTING AS GENERAL CONTRACTOR IN THE HOUSING REHABILITATION LOAN PROGRAM IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ODINANCE NO. 12783 AUTHORIZING THE PURCHASE OF ELEVEN RADIOS AND RELATED EQUIPMENT THROUGH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR TRANSPORTATION SERVICES FOR PUBLIC WELFARE CLIENTS, AT A COST OF $25,000, $16,980 OF WHICH WILL BE PLACED AS AN. ORDER THROUGH THE COASTAL BEND COUNCIL OF GOVERNMENTS TO TAKE ADVANTAGE OF A FAVORABLE CONTRACT BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE GENERAL ELECTRIC CORPORATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. Minutes Regular Council Meeting September 3, 1975 Page 9 ORDINANCE NO. 12784 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TEXACO, INC., EXTEND- ING FOR A THREE-YEAR PERIOD THE GRANT OF PRIVILEGE HERETOFORE AUTHORIZED BY ORDINANCE NO. 10967, FOR THE MAINTENANCE OF A DOUBLE -FACE ILLUMINATED SIGN AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR AN ANNUAL RATE OF $400, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. ' The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 12785 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR AN AMENDMENT FOR SUPPLE- MENTAL GRANT TO THE GOVERNOR'S COMMITTEE ON AGING FOR THE TITLE VII ELDERLY NUTRITION PROGRAM PROVIDING FOR AN INCREASE IN FUNDS OF $48,830 FOR THE PURPOSE OF PROVIDING ADDITIONAL MEALS LOCALLY, AS WELL AS EXPANDING THE NUTRITION PROGRAM INTO JIM WELLS COUNTY, AS SET FORTH IN SAID APPLICATION, A COPY OF WHICH IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CONTRACTS AND RELATED DOCUMENTS NECESSARY TO IMPLEMENT AND CONTINUE THIS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 12786 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JIM WELLS COUNTY FOR THE CONDUCT AND ADMINISTRATION OF AN ELDERLY NUTRITION PROGRAM IN CONNECTION WITH A GRANT FROM THE OFFICE OF THE GOVERNOR'S COMMITTEE ON AGING UNDER TITLE VII OF THE FEDERAL OLDER AMERICANS ACT OF 1965, AS AMENDED, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AUTHORIZING THE EXECUTION OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THE PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. RESOLUTION NO. 12787 AUTHORIZING FILING OF APPLICATION FOR FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AND DESIGNATING THE OFFICIAL REPRESENTATIVES OF THE CITY TO ACT IN SUCH RESPECTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. City Manager Townsend presented zoning Application #875-1, Mr. Glenn Johnson, for change of zoning from "R -1B" One -family Dwelling District to "F -R" Farm -Rural District, on a 17.5 -acre tract of land out of Lot 29, Section 49, Flour Bluff & Encinal Farm & Garden Tracts and Lot 13, Block 2, Kay Homes 'Addition, Minutes Regular Council Meeting September 3, 1975 Page 10 located on the north side of Glenoak Drive 125' east of Retta Drive. The request was heard by the Planning Commission August 5, 1975 and forwarded to the Council with the recommendation that it be denied. 'The Planning Staff recommended approval taking into account the drainage and utility problems in this section of the City, and that the requested zoning would retain the property as open area with a limited amount of use. Mr. Townsend stated that the opposition registered invoked the 20 percent rule. He reported that in response to -this hearing, 13 notices had been received in favor of the request and 4 in opposition. Chief Planner Larry Wenger described the land use and zoning in the surrounding area and explained that a plant nursery and greenhouses are located on the extreme northwest corner with the remainder being vacant. He explained that the applicant has applied for a building permit to expand his plant nursery which was established in January 1971, and was advised his operation would require a change of zoning to "F -R" for this expansion. Mr. John McDonald, attorney representing the applicant, described the proposed expansion of the greenhouse operation. He pointed out that this area is sparcely populated and suitable for this type operation; that Mr. Johnson has 20 employees, nine of which are students working their way through college, and the remainder have families dependent on this employment; that it is a clean operation with no complaints of blowing trash, no obnoxious fertilizers or odors, no hazards from insecticides, no noisy machinery, operates only 5-1/2 days a week; there is adequate drainage to handle the flow of water drained from plants; plastic used in the operation is not flammable or toxic, and all in all the operation is not detri- mental in any way and is of economical benefit to the community. He filed with the Council a petition containing some 500 to 600 signatures of persons who were in favor of the continuance of Mr. Johnson's greenhouses and expansion at the present location, on the basis that it is environmentally compatible to the location, provides gainful employment for other City residents, and tax revenue generated by sales from out of town customers is very beneficial to the residents throughout the City. Others speaking in favor of the requested change in zoning to allow the expansion of the greenhouse operation were: Mr. Leon Loeb, 3845 Ocean Drive; Mrs. Bonnie Johnson, 222 Glenoak; Mr. Jon Held, 3040 Jamaica; Mr. Gerald Carpenter, 2309 Retta; Mrs. Gertrude Baugh, 224 Chenoweth; Mr. Wendell Keetch, 2638 Debra; Mrs. Rusty Myers, San Antonio; Mrs. Sara Loeb, 3845 Ocean Drive; Mrs. Cochran, Minutes Regular Council Meeting September 3, 1975 Page 11 former president of Corpus Christi Garden Clubs; Mrs. Ronald Peck, 918 Whitaker; Mr. Kenneth Tipton, 2303 Retta; Linda Tipton, 2303 Retta; Mr. Richard Giller, 8210 Moffett; Mr. John Nicholson, 221 Oakridge; Mrs. Claude Ward, 3513 Aransas; Mr. John M. Anderson, Regency Square Apartments; Mrs. Carmen Rodriguez; Mr. Bill Bates of W. L. Bates Realty Company; and Mr. Paul Knapp, 13717 La Entrada. The foregoing persons spoke in favor of the proposed zoning change for the expansion of greenhouse generally on the basis that it is a clean operation, beneficial to the the/economy of the community, environmentally compatible to the location; honest and humanitarian conduct of the owner, and gainful employment for City residents. City Manager Townsend reminded the Council that bids were scheduled to be opened at this time (4:00 p.m.) on the Cole Park Bicentennial Amphitheater. Bids were opened and read by Director of Engineering and Physical Develop- ment James K. Lontos on the Cole Park Bicentennial Amphitheater from the following firms: Bobby Braselton, Inc.; Casey & Glass, Inc.; Lambert & Fondren; and Marshall Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mr. Glenn Johnson spoke on behalf of his request, stating that he is operating a profitable business and that it is not economically feasible to move to another location. He stated he had not heard of a really concrete argument against the request. Mr. Curtis Pruett, 2409 Retta, spoke in opposition, pointing out that the applicant is operating his business in violation of the zoning ordinance; that the area would be subjected to flying debris during high winds, the plastic building would be blown apart and the pot plants would become missiles. He stated the wind danger alone would be enough to justify denial of the request. He pointed out that there is a drainage problem which would be a detriment to the adjoining property owners, and insecticides and fertilizers are not compatible with the residential area. He stated there are a large number of trucks used in this business which are also not compatible because of the increased traffic and noise generated. City Manager Townsend explained that the permits were issued because the zoning ordinance clearly allows for nurseries in "R -1B" Districts, but when they then become major businesses, they are/operating in violation. Mr. Ermon Steele, 2533 Retta, spoke in opposition stating he was concerned about the possible devaluation of his property; that he had purchased his home for retirement which' represented all of his life savings, and therefore, he was Minutes Regular Council Meeting September 3, 1975 Page 12 definitely opposed to the request. Mrs. Tracey Elliott cited reasons for her objection to the request, that this area was originally zoned for residential uses; the requested change would constitute spot zoning; would contribute to additional drainage problems along Retta Street; problems of obnoxious odors from fertilizer and safety hazards would result. She further stated that Mr. Johnson had been antagonistic and threatened to to expand the business all the way from Glenoak to Purdue. Mr. James L. Case, 1002 Glenoak, spoke in opposition generally concurring with previous statements in opposition. Motion by Gulley, seconded by Sample and passed, that the hearing; be closed. Motion by Gulley, seconded by de Ases and passed, that the recommendation of the Planning Commission not be concurred in and Application #875-1, Mr. Glenn Johnson, for change of zoning from "R -1B" One -family Dwelling District to "F -R" Farm -Rural District, on a 17.5 -acre tract of land out of Lot 29, Section 49, Flour Bluff & Encinal Farm & Garden Tracts and Lot 13, Block 2, Kay Homes Addition, be approved as requested, and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12788 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 GLENN JOHNSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 29, SECTION 49, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS AND LOT 13, BLOCK 2, KAY HOMES ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELL- ING DISTRICT TO "F -R" FARM -RURAL 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. City Manager Townsend presented Application #875-4, Dr. M. B. Pigott, D.V.M., for change of zoning from "AB" Professional Office District to "B-4" General Business District on Lot C-2, J. E. Habluetzel Tract, located on the south side of Gollihar opposite the intersection with Caddo Street. The request was heard by the Planning Commission August 5, 1975 and forwarded to the Council with the recommenda- tion that it be approved on the basis that it would be a logical extension of the existing "B-4" zoning in the immediate area. The staff's opinion was that "AB" zoning should be retained on this lot to establish an adequate buffer or transition Minutes Regular Council Meeting September 3, 1975 Page 13 type zoning between the business and residential uses in the area, and recommended denial of the request. Ms. Caroline Sturgis, realtor, spoke on behalf of the applicant, and stated the request is in conformity with the surrounding area and that in her opinion, "B-4" is the highest and best use of the property. Dr. Pigott stated he wanted to sell the subject lot but has no plans to enlarge his animal hospital. He pointed out that the vacant lot adjacent to the east which is zoned for professional office use would serve as an adequate buffer between the residential property to the east and his property. No one appeared in opposition to the foregoing request. Motion by Gulley, seconded by de Ases and passed, that the closed. hearing be Motion by de Ases, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #875-4, Dr. M. B. Pigott, D.V.M.,`for change of zoning from "AB" Professional Office District to "B-4" General Business District on Lot C-2, J. E. Habluetzel Tract, be approved and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12789 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 M. B. PIGOTT, D.V.M. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT C-2, J. E. HABLUETZEL TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. Motion by Gulley, seconded by Lozano and passed, that Item "i" of the City Manager's Reports relative to setting a date for a public hearing on paving assessments for improvements on Blundell and Dodd Drive, be reconsidered. Motion by Gulley, seconded by Lozano and passed, that Item "i" be amended to change the date for the assessment hearing from September 24, 1975 to October 1, 1975 at 3:00 p.m. There being no further business to come before the Council, motion by Sample, seconded by Lozano and passed, that the Regular Meeting be adjourned at 5:20 p.m., September 3, 1975.