HomeMy WebLinkAboutMinutes City Council - 11/04/1970MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
November 4, 1970
2:00 p.m.
PRESENT:
Mayor Jack R. Blackmon
Mayor Pro Tem Gabe Lozano, Sr.
Commissioners:
Dick Bradley, Jr.
Eduardo E. de Ases
*Ken McDaniel
W. J. Roberts
Ronnie Sizemore
City Manager R. Marvin. Townsend
City Attorney Jim Riggs
City Secretary T. Ray Kring
Mayor Jack R. Blackmon called the meeting to order.
The Invocation was given by The Reverend Paul Conrad of Prince of Peace
Mennonite Church.
City Secretary T. Ray Kring called the roll of those in attendance.
The Minutes of the Regular Council Meeting of October 14 and the Special Meeting
of October 19, 1970, were approved as submitted to the Council.
Mr. Ross Trigg, Chairman of the Sister City Committee, introduced Mr. and Mrs. Yuzo
Inoue visitors from Yokosuka, Japan, who had included Corpus Christi on their itinerary of
extended tour of this country. Mr. Inoue is president of the Yokohama Milk Industry, Ltd.,
and Associate Member of the Yokosuka Chamber of Commerce. Mayor Blackmon extended
welcome to the couple, and asked that they convey the thanks of this Council and the City
to the donors h�of the Five Thousand Dollar contribution to this City's Hurricane Relief Fund.
He presented them with Symbolic Keys to the City and Honorary Citizenship.
Mayor Blackmon announced the issuance of proclamations relative to the following:
MARINE CORPS. BIRTHDAY, November 9, 1970; YOUTH APPRECIATION WEEK, November
9 - 15, 1970; and VETERANS DAY, November 11, 1970.
Comdr. Cuban Burbank spoke relative to the Veterans Day Proclamation explaining
that November 11 of each year had been designated as a legal holiday in honor of Veterans
and as a day dedicated to the cause of world peace. He invited the Council to attend the
Navy Pageant to be sponsored by the Veterans, and sold poppies to each member of the Council .
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Minutes
Regular Council Meeting'
November 4, 1970
l3age 2
Mayor Blackmon welcomed and presented Certificates of Attendance to members of the
Student Council of Moody High School as follows: Anna Contreras, Ernest Maese, Flipper Ramos,
Oralia Rios, Odie Marviez, and Nina Garcia.
Mayor Blackmon announced the opening of bids.
Bids were opened and read for a Pneumatic Tube Message Conveying System for the
Police Building from the following firms: COMCO Systems of Dallas, Texas; Zip Tube of San
Antonio; C. K. Kelly and Sons of Houston, Texas; Powers Regulator Company of Houston, Texas;
and Frank E. Ware Company of Dallas, Texas.
Bids were opened and read for repairs to the roof and rafters at the Holly Road Water
Reservoir, from the following firms: Bar -Tex Corporation; Berry Contracting !company; Blue
Water Industry, Inc., Bur -Tex Constructors; Gulf Coast Welding Company; and Southwest
Tank and Supply,
Bids were opened and read for the Cole Park Seawall and Concrete fishing pier from
the following firms: Brown and Root, Pasadena, Texas; Austin Bridge Company; W. T. Young
Construction Company; bnd Heldenfels Brothers
Bids were opened and read for the Sewage pump station to serve the. Industrial
Foundation property on Padre Island Drive, from the following firms: Blue Water Industries;
John Meents Construction Company, Aransas Pass, Texas; Arnold and Associates; Maverick
Construction Company; Burtex Constructors; Slovak Brothers; Stevenson and Associates; and
Cactus Utility Company.
The foregoing bids were tabled for 48 hours as required by the City Charter and referred
to the City Manager for tabulation and recommendation.
Mayor Blackmon called for the City Manager's Reports.
Motion by Sizemore, seconded by Bradley and passed, that the City Manager's Reports,
items "a" through "I" be accepted, and that the requests and recommendations be granted and
approved as, follows:
a. That the date of November 30, 1970, at 2 p.m., Special Meeting, be set for a
public hearing on applications for change of zoning from (1) Dr. 5. K. Stroud,, from "R -1B"
to "8-4" on the northwest side of Robert Drive north of South Alameda; (2) Gibson Discount
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November 4, 1970
3
Center, from "0-1" to "B-4" on the northeast comer of the intersection of. Kostoryz Road
and Orlando Drive; and (3) W. F. Seay and others, from "R -1B" to "B-4" south of the
intersection of Florida Avenue and South Staples Street, frantizg;650 feet along South
Staples Street;
b. That the authority to advertise for bids to be received at 11:00 a.m. November 24,
1970, for one budgeted 30 -horsepower ditching replacement machine for the Park Division,
be granted;
c. That the award of a contract to Montgomery Elevator Fompany of Corpus Christi,
to provide elevotor maintenance service for City -owned Buildings for the low bid of $9,232.92
for a period of three years, be authorized; (Bid Tabulation #44-70)
d. That the lease of 36 acres of land at the Allison Sewer Plant for an archery range
be extended for five years to the Tejas Bowman Archery Association as recommended by the
Park and Recreation Board, being a no -cost lease with a 30 -day cancellation clause for both
parties;
e. That the acquisition of Parcel #27,, Bayfront Park Site 03 from Dr.. and Mrs. John B.•
Peterson for $20,500 be authorized, and that an appropriation in the amount of $20,736.50,
including closing costs, be approved;
f. That the acquisition of Parcel 024 for Bayfront Open Space, Park Site #`3, from
Mr, and Mrs. D. S. Mendlowitz for $16,960, be authorized, and that an appropriation in
the amount of $17,155, including closing costs, be approved;
g. That on election be held on'December 5, 1970, to authorize the issuance of
$3,000,000 of General Obligation Bonds for the acquisition of the site for the proposed
Governmental Center, which site is bounded by'Bluctter, Woco, Mestina, Artesian, Leopard,
Corrizo, and North Tancahua Streets;
h. That plans and specifications be approved and bids be received on November 25,
1970, .for repairs to the Electrical and Lighting Systems at Kiwanis, Ben Garza, Jaycees,
and Price Parks, with most of the cost to be reimbursed by Office of Economic Preparedness;
1. That the plans and specifications be approved and bids be received on November 25,
1970, on repairs to the Greenwood and Parkdale Libraries, with the cost to be reimbursed by
insurance and Office of Economic Preparedness;
Minutes
Regular Council Meeting
November 4, 1970
Page 4
j. That a contract with the Community Development Corporation for housing counseling
for Celia Victims and for coordination of creation of additional housing, be authorized,
providing $35,000 of support through July 31, 1971, and contemplating thot CDC will hire
and supervise an associate director, part time rehabilitation director, attorney and a secretary,
and will have rent,: supplies and other expenses, and that CDC will work with RAC, HUD, SBA,
Legal Aid and all other agencies;
k. That the Council rescind their action of October 14, 1970, which authorized the
receipt of bids for Visual Navigational Aids, due to incomplete plans and specifications which
were received from Rader and Associates, the City's Consulting Engineers;
I. That the date of November 18, 1970, Regular Meeting, be set for a hearing on the
request in the nature of an appeal, of Rollins Outdoor Advertising Company, through Mr. Cecil
Burney, relative to replacement of signs damaged by Hurricane Celia.
Mr. Clifford C. Cosgrove, 3302 Olsen, spoke relative to the foregoing recommendation
which set the date of December 5, 1970, for an election to authorize the issuance of $3,000,000
General Obligation Bonds for acquisition of the site for the proposed Governmental Center,
stating that it would seem more logical to determine if the citizens want to build the center
before the land is acquired, and that he had interpreted an article in the paper to say that the
land acquisition would be funded through Urban Renewal.
Mayor Blackmon stated that the news item had been misinterpreted, He explained that
it is necessary to go through the process of employing architects and approving plans and
specifications for the project in order that a finished concept of the project could be submitted
to the voters. He stated that if the bond election to acquire the land is not approved, then the
center will not be built, and that if a bond election is called, its purpose, will be made very
clear to the voters.
Mrs. Nicholas A. di. Maffi, 1617 Ocean Drive, spoke in opposition to the price being
paid for acquisition of property on Ocean Drive for Bayfront Open Space, Park Site 03, stating
she had lived on Ocean Drive for many years, and that these prices do not represent the true
market value of'Ihei.land.
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Minutes
Regular Council Meeting
November 4, 1970
Page 5
Relative to Ordinance No. 9968, passed and approved by a majority vote of the
Council on its third reading October 28, 1970, annexing certain public lands and submerged
lands on Mustang Island and Padre Island, including portions of Corpus Christi Bay, Nueces
River Area and Laguna Madre, but excluding certain areas originally 'proposed, Mayor
Blackmon stated he was exercising his authority in accordance with Article II, Section 6 of
the City Charter and returning the ordinance without his approval or signature which constitutes
his,Y,eto of the ordinance. In accordance with the Charter provision, he stated his objections
in the form of a letter to the City Council which he read in its entirety and filed with the
City Secretary. (See Ordinance #9968). The letter stated the Mayor's reasons for the veto,
that they were manifold, and that he, in good conscience and sound logic, could not approve
the ordinance since there were legal questions yet unresolved relative to description and the
original published notice. He explained the alternatives before the Council.
Commissioner de Ases stated it had been his impression from discussions in workshop this
morning that the ordinance could be amended to effectively correct the discrepancies in
description, and inquired as to the feasibility of this alternative. He expressed appreciation
of the Mayor's position and the sincerity of his actions, but stated that if the new ordinance
to be presented includes the proposed industrial districts, which the majority of the Council
has indicated they favor, well and good, but that he would not favor bringing forth a new
ordinance which the majority of the Council has indicated they do not favor.
City Manager Townsend explained'the purport of the ordinance and pointed out the
discrepancies in the description of the boundary lines in the ordinance which was approved,
stating that there were factors involving property of private ownership and the Causeway
which involved the County and State, and that he felt the ordinance did not legally accomplish
the intended purpose of the Council.
City Attorney Jim Riggs pointed out that the new ordinance should be presented on
a Regular Council day, and must be done by the 18th of November to stay within the 90 -day
time limit.
The Council did not elect to override the veto, since the Mayor stated he would present
a new ordinance within two weeks which would embody the majority view of the Council.
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Minutes
Regular Council Meeting
November 4, 1970
Page 6
Mayar Blackmon announced the scheduled public hearing on whether or not a public
necessity exists for the calling of an Urban Renewal election.
City Manager Townsend explained that on September 2, 1970, the Council approved an
ordinance giving notice that on November 4, the Council would hold a public hearing for
the purpose of determining whether the Council would adopt a resolution finding that blighted
areas exist in the City, and whether or not other actions are to be taken to iliminate thdt
blight, said date of November 4 being not less than 60 days after the first of two publications
of the notice. He explained that Urban Renewal is one of the tools available whereby these
areas may be rehabilitiated; that the hearing is a necessary step in calling an election on
Urban Renewal and that it was recommended by the Citizens Advisory Committee appointed
by the Mayor October 21, 1970, for the purpose of bringing into action all finances,
resources and efforts which could be brought to bear on the problem of correcting damage as a
result of Hurricane Celia. He pointed out that the only questions before the Council at this
hearing is whether or not there are slums in the area, and would improving these areas benefit
the City. He stated that it is the Staff's recommendation that an election be called to
authorize Implementation of Urban Renewal, pointing out that the election must be at least
30 days after the public hearing, or recessed continuation of the hearing, and that he would
recommend that this hearing be recessed until such time as a date can be set at the pleasure of
the Council.
Mr. Charles Stone, 410 Cape Henry, appeared and spoke in opposition to the calling
of an Urban Renewal election, stating that the voters have twits overwhelmingly defeated the
concept, and predicted that they would do so again, because the provisions of Urban Renewal
have not changed since its inception. He suggested that the City first develop a specific
project with defined boundaries instead of asking for blanket endorsement. He pointed out
other cities that have adopted the plan and cited several cities as examples of how the program
fails In its purpose, and stated that these rehabilitated areas do not contribute to the tax revenue
of the City.
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Minutes
Regular Council Meeting
November 4, 1970
Page 7
An unidentified person in the audience spoke in opposition, stating that he had lived
in a city in Kansas which had adopted the plan, and had seen first hand what it can do to
property and taxpayers. He stated those sections which have been cleared by Urban Renewal
are now grown up jn weeds and in some cases, more of a blight than ever; stated that the
outcome was not what had been expected, and that the program is just bnother means of
putting too much power into a few hands.
Mr. Juan Gonzalez spoke in opposition stating he had been hurt twice by demolition; that
he was the owner of the house on Coke Street which was burned during a recent mob action, and
another house which he owned on Ramirez Street had been ordered demolished as substandard.
He stated that in his opinion there was no difference in the two actions; that he was opposed to
Urban Renewal because it would not benefit those who really needed help but rather those who
did not need help.
Mr. Cuban A. Burbank, 1127 Ocean Drive, spoke in opposition, pointing out Tither
cities, Chicago in particular, where 18 to 35 streets had been cleared and highrise apartments
built under the Urban Renewal Program. He stated that conditions there are worse than they
were before, and referred to the one in San Antonio as a "monstrosity," and in his opinion,
the Urban Renewal Program was the "worst piece of Legislation ever enacted by Congress."
Mr. Charles Nichols, 1547 Lea Lane, spoke in opposition, labeling the Program as
just another bureaucracy for employment of more government employees, and to drain the
taxpayers of more money, stating thdt it is becoming more and more diffjcult to maintain
a private business or to be an independent homeowner because of the tremendous amount of
bureaucracy. He stated that more and more residents are leaving the City and moving to area
towns because of the high taxes, and stated that government housing does not product anything
but more blight.
Mr. Clifford C. Cosgrove, 3302 Olsen, stated his earlier remarks had been premature
but were intended as opposition to the calling of an Urban Renewal election. He stated that it
is his feeling that the program will be again defeated and that the taxpayers' money should not
be spent on a useless election.
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Minutes
Regular Council Meeting
November 4, 1970
Page 8
Mrs. di Maffi, 1617 Ocean Drive, spoke in opposition, stating that she believes
Mr. Townsend had failed to take into consideration that the Hurricane has nothing to do with
Urban Renewal, and that the victims of the Hurricane have the privilege of going to the Small
Business Administration if they do not have insurance, and that the first $1800 is forgiven,
and that there is no need for Urban Renewal for these people.
Mr. Larry French, 3510 Aransas, spoke in opposition, stating that he concurred in the
statements made by Mr. Nichols and that this feeling dominated this hearing. He challenged
stated
the Mayor to take a vote of those present on the question, to which Mayor Blackmor/he had
intended to take a vote, but would do so at a later time.
Mr. Clay Moore 111, 514-1/2 Fisher, opposed the issue stating he was in complete
agreement with sentiments already expressed, but added that extensive studies have been made
over the country, and the records will reflect that Urban Renewal Program has tom down more
than
than ten times the dwellingy'it has replaced. He stated he only leamed of this meeting
yesterday, and suggested that it be continued to a night meeting in order that more people
could participate.
Mayor Blackmon pointed out that this hearing had been called two months ago. He
called for a show of hands of those in the audience who opposed the issue, and approximately
25 persons responded.
Mr. John Crutchfield, Six Hundred Building, spoke in favor of the issue, stating that
he was Chairman of the Committee for Urban Renewal before the last election, and that he
had heard what the opponents had to say; that he, as a member of the Advisory Committee on
Resources, feels that because of Hurricane Celia and other reasons, the voters of Corpus Christi
should be given another chance to say if they want to use the tool of Urban Renewal as another
resource in rebuilding the community. He pointed out that at the time of the 1966 Urban
Renewal election there were some 12,000 substandard homes in the City, and that since that
time there had been very little effort by those who opposed it to correct this condition, except
for efforts through LULACS, St. Mark's Missionary Baptist Church and the Episcopal Church. He
pointed out the millions of dollars which has been granted by the Federal Government to other
Cities in this program and Corpus Christi citizens are contributing by way of taxes with no return.
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Minutes
Regular Council Meeting
November 4, 1970
Page 9
He stated he feels it is the responsibility of the City and those of us who are more fortunate
to do everything possible and to use all tools available to improve the City and the.Iiving
conditions of the less fortunate citizens of our City. He further pointed out that the City
of Lubbock is very similar to Corpus Christi; that they had previously turned down the Urban
Renewal program, but have adopted it since the storm in May, and have received a $120,000
tjrant.and $8 million dollar land access grant. He stated the Committee of which he is a member
feel that there are no other resources available other than the Urban Renewal route, that it is
the most effective way to rebuild the City, and that there is enough talent in Corpus Christi
to make it work.
A local School teacher, 3606 Lamont, spoke in favor of the issue, stating that the
citizenseFec£ed this City Council as the representatives of the City, and should rely on their
judgment, and that now is the time to take advantage of Urban Renewal.
Motion by Roberts, seconded by Bradley and passed, with Sizemore voting "Nay" that
the hearing be recessed until the next Regular Council Meeting.
Mayor Blackmon announced the continuation of the paving assessment hearing on the
streets in the Molina area which was recessed from November 2nd at 7:30 p.m. at West Oso
High School.
City Manager Townsend explained that the 'Waring had beeniecessed because the
question had been raised as to whether or not all the property owners had received proper
notice of the meeting, and that this recessed hearing was to give those persons an opportunity
to speak. The following persons appeared:
Mr. Rudolfo Escami I la, 4216 East Theresa, stated that he had not been aware of the
meeting Monday night, and that approximately 20 persons had been contacted since that time
who stated they were not notified. He explained that he is not opposed to the improvements;
that his home is paid for and the assessments will not work a hardship on him, but stated that
many in this area are on pensions and will not be able to pay for the improvements.
Mayor Blackmon explained the payment plan, and City Manager Townsend stated he had
never known of a foreclosure on a home whose owner was only on a pension.
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Minutes
Regular Council Meeting
November 4, 1970
Page 10
Commissioner de Ases pointed out that the distribution of handbills had been
discussed as a means of notification, and inquired if this had been done. City Manager
Townsend explained that the Staff had worked in cooperation with the West Oso School
District and that "flyers" had been distributed, but that it is possible that those residents
who have no children in school may have been missed.
Mr. Johnny M. Rivera, 1010 Lolite, stated he had not been notified of the hearing
Monday night, He explained that his only income is his pension; that he still owes money
to the government for damages caused by Hurricane Beulah; that his home was further
damaged by Hurricane Celia; that his wife is ill; and that he has no money to pay for the
assessments on his property. It was determined that Mr. Rivera's property was not located
within the area to be improved.
Mr. S. L. Hall, 2838 Carver, Item F175, stated that he had attended the hearing on
Monday night and heard discussions relative to recommended reductions on corner lots on
Linda Vista. He stated that his property is a corner lot, and asked if consideration could
be given for a reduction on that basis.
Mr. Townsend explained that Mr. Hall's property is located on a corner, but that it
is two lots deep, and that an adjustment had not been recommended on that basis, but that
it would be reviewed further.
Mr. 011ie Armstrong, 4702 Berrera, Item #102, stated he also lives on a comer, and
asked that a reduction be considered. City Manager Townsend explained that all corner lots
will receive further review, and that if reductions are in order, supplemental recommendations
will be made. He directed that Mr. Armstrong go to Mr. Lantos' office for a review of the map.
Mr. Charles R. Porter, attorney, representing J. W. Clements, Item 01, appeared and
stated he is in favor of the project as a whole, but explained that Mr. Clements operates an
electrical company in Southwest Industrial Park on lots which do not abut on Linda Vista;
stated that there is no ingress and egress to the proposed improved area prohibited by deed
restrictions; that there is an eight -foot screening easement at the back of the property; and
that customers or suppliers will not be benefited. He stated he was aware that it had been
recommended that the assessment on this property be reduced 50 percent from the amount
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Minutes
Regular Council Meeting
November 4, 1970
Page 11
appearing on the preliminary assessment roll, but they are requesting that it not be assessed
at all on the basis that it will not be benefited.
Mr. Jim Young appeared and stated that Item #2, Lots 51 thru 12, Block 3, Southwest
Industrial Park falls in the same category as the J. W. Clements property, and stated it would
be legally and morally wrong to assess either property since there would be no enhancement.
City Manager Townsend stated that Mr. Lantos reports that he had reviewed the
map with Mr. 011ie Armstrong and that the problem of his property had been resolved to
his satisfaction.
Motion by Bradley, seconded by Lozano and passed that the hearing be closed.
Motion by de Ases, seconded by Sizemore and passed, that the matter of Molina
Street improvements be tabled for further consideration.
Mayor Blackmon announced the public hearing for the closing of a portion of
Navigation Boulevard from Bear Lane to State Highway 44.
City Manager Townsend explained that the portion of Navigation Boulevard proposed
to be closed is the portion not now in use between Highway 44 and the recently improved
portion of Navigation Boulevard; that this was a joint venture entered into by the City and
the abutting property owners, whereby the abutting property owners dedicated the new right
of way with the understanding that the City would close the old right of way and convey
the title to the abutting property owners. He stated that construction of the improvements
to Navigation Boulevard from Bear Lane to State Highway 44 are complete and final.
acceptance was made by the City Council on July 1, 1970, and that it is his recommendation
that the street be closed in'aeoordance with the prior agreement with abutting property owners,
retaining easements for existing utility lines.
Motion by Bradley, seconded by de Ases and passed, that the hearing be closed.
Motion by Sizemore, seconded by Robeits and passed, that a 40 -acre strip of land
528.1 feet in length on center line beginning at a point N. 11° 26' 40" West, 124.47 feet
from the intersection of the present East line of Navigation Boulevard with the division line
between the King Ranch, Inc. Property and the Catholic Diocese of Corpus Christi property
and extending to the South line of State Highway No. 44 a distance of 170 feet South of the
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Minutes
Regular Council Meeting
November 4, 1970
Page 12
centerline of the Texas Mexican Railroad, be closed, retaining the necessary easements
for utility lines, and that an ordinance be brought forward effectuating the dosing.
*Commissioner McDaniel departed the meeting at this time.
Mayor Blackmon announced the public hearing on the request to close the portion of
Ester Drive from Ester Street to Roseann Street.
City Manager Townsend explained that the request was initiated by the Planning
Commission in connection with Special Use Permit 6670-12, Donald H. Anderson for a mobile
home park at 901 Utica Street. He pointed out that the street does serve a public purpose;
that the original plan calls for the street to continue through; and that there had been
considerable opposition to the proposal.
Mr. Donald H. Anderson appeared on behalf of the request stating that the prior
approved mobile home plan did not give him access to Ester Street; that he was required to
buy the land connecting Ester Street and Roseann Street which would eliminate two dead-end
streets that stubbed into the area being platted. He stated he had complied with this require-
ment but since that time the Planning Commission considered this to be an excessive require-
ment and had recommended that the street be closed and the land donated back to him. He
stated this would improve the boundaries of the land and greatly benefit him, and would
eliminate what he termed a "race track" on Ester Drive.
Mr. Albert H. Schlieman, attorney for Mid -State Homes, Inc., spoke in opposition
to the proposal stating that he owns the property descriped as Lot 10, Block 6, Waldron
Addition, and that the property is just off Ester Street. He stated the closing of the street
would cut off ingress and egress to and from this property, and that he is opposed to the
closing on the basis that it would cause loss and damages to Mid -State Homes, Inc. rendering
their property unmarketable.
Mr. Richard Basaldua, 6914 McArdle, stated he was contemplating buying the
property owned by Mid -State Homes, Inc., and would not be in favor of the street being
closed; would not approve the close proximity of the trailer park, and that the action would
decrease the value of the property.
Mr. Wesley H. Webb, 425 Jester, spoke in opposition stating that the street was in
good condition and was definitely needed for access.
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Regular Council Meeting
November 4, 1970
Page 13
Motion by Bradley, seconded by de Ases and passed, that the hearing be closed.
Motion by Bradley, seconded by de Ases and passed, that the request to close the
portion of Ester Drive between Ester Street and Roseann, be denied.
Mayor Blackmon announced the public hearing on zoning Application #970-7,
H. Nolan Culp, D. W. Culp, and Nolan W. Culp, for change of zoning from "R -1B" One -
family Dwelling District and "B-1" Neighborhood Business District to "B-4" General Business
District on Tracts "G", "H", "L", and "M", Lot 28, Bass Subdivision.
Senior City Planner Larry Wenger pointed out the location of the property on the
map stating that a steakhouse restdUrant is proposed for the subject property; that the
application was heard by the Planning Commission September 29, 1970; that no one had
appeared in opposition; that prior to the hearing, the Staff mailed out 11 notices, none
received in favor nor in opposition; that it was the recommendation of the Commission that
the request be approved as submitted, and that it was the Staff's opinion that it be denied
since a restaurant can be placed in the existing "B-1" zoning, and that the Board of Adjust-
ment is authorized to permit parking on the "R -1B" zoned area, if additional parking area
is needed a zoning change is not necessary.
Mr. Alfred N. Nicolas, attorney representing the applicants, explained that his
clients owned a steakhouse on South Padre Island Drive which was completely destroyed
by Hurricane Celia, that they owned the two lots facing Saratoga Boulevard and recently
acquired the two rear lots in anticipation of erecting another steakhouse. He stated that
he had discussed the question of signs with the Planning Commission and was advised that
they needed "B-4" zoning in order to operate the steakhouse.
No one appeared in favor or in opposition to the foregoing application.
Motion by Bradley, seconded by Sizemore and passed that the hearing be closed.
Motion by Bradley, seconded by Roberts and passed, that Application #970-7,
H. Nolan Culp and Others, for change of zoning from "R -1B" One -family Dwelling District
to "B-4" General Business District on Tracts "G", and "H", Lot 28, Bass Subdivision be
denied; that the zoning on Tracts "L" and "M", Lot 28, Bass Subdivision be changed from
"B-1" Neighborhood Business District, to "B-4" General Business District, and that an ordinance
be brought forward effectuating the change.
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Regular Council Meeting
November 4, 1970
Page 14
Mayor Blackmon announced the public hearing on Application #970-8, Mr. Sam
Ferris, for change of zoning from "R -IB" One -family Dwelling District to "A-1" Apartment
House District, on Lot 24A, Block 3, Cabaniss Acres.
Larry Wenger stated the request was heard by the Commission September 29, 1970;
that no one had appeared in opposition; that prior to the hearing the Staff mailed out 14
notices, none received in favor, and two in opposition; that it was the recommendation
of both the Planning Commission and the Staff that the request be approved as submitted on
the basis that it would serve as a buffer between the industrial property and the single-family
residential property.
No one appeared in favor or in opposition to the foregoing request.
Motion by Sizemore, seconded by Lozano and passed, that the hearing be closed.
Motion by de Ases„ seconded by Bradley and passed, that Application #970-8,
Sam Ferris, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment
House District, on Lot 24A, Block 3, Cabaniss Acres, located in the 2300 Block of Carolyn
Drive, be approved as submitted, and that an ordinance be brought forward effectuating the
change.
Mayor Blackmon announced the public hearing on Application #970-9, Mr. Charles M.
Bowyer, for change of zoning from "R -IA" One -family Dwelling District to "1-2" Light
Industrial District, on a 2.05 -acre tract of land out of the southeast portion of Tract E, Lot 1,
Section 28, Flour Bluff and Encina! Farm and Garden Tracts,
Larry Wenger located the property on the map, described the zoning classifications of
the surrounding area, and explained that a multiple storage building is proposed for the property.
He stated that at the Commission hearing held September 29, 1970, Mr. Barnes Hoff, engineer
representing the applicant had described the proposed use. Mr. Wenger stated that no; one had
appeared in opposition; that prior to the hearing the Staff mailed out three notices, none
received in favor nor in opposition; that it was the recommendation of the Planning Commission
that the request be denied, and that it was the Staff's opinion that the proposed zoning should
not project back into the established residential zoning since it would have an adverse effect
on abutting properties, but that possibly the front portion could be zoned for "B-4" General
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Minutes
Regular Council Meeting
November 4, 1970
Page 15
Business District uses. Mr. Wenger explained that the applicant's wife was in the hospital
which: accounted for his absence at this hearing.
Mr. Phillip Albright, realtor, spoke on behalf of the request, stating that the
property had been purchased with the intention of building a storage warehouse similar to
the A-1 U -Store -It Warehouse on Padre Island Drive near Ayers Street; stated that the
objections had been on the basis that it was a residential area, but that it was his opinion
that the term "residential area" applied to this area was meaningless, as the prices being
obtained for the properties do not indicate residential use. He pointed out that there are
no City utilities, and that there are various uses in the area which are not associated with
residential uses. He stated that a plot plan had been submitted which indicated that there
would be a total of 169 storage units in two separate buildings.
City Manager Townsend explained that the utilities problems in this area would be
solved with platting.
Dr. John Bowyer appeared and explained that this is a joint venture of himself and
his three brothers; that the proposed warehouse will not be the usual concept of warehouOes,
but will be beautifully constructed and landscaped; and will not hove the appearance of a
warehouse from the outside. He further stated that there will be no noise connected with
the operation.
No one appeared in opposition to the foregoing request.
Motion by Sizemore, seconded by Lozano and passed, that the hearing be closed.
Motion by Sizemore, seconded by Roberts and passed, that Application 0970-9,
Mr. Charles, M. Bowyer, for change of zoning from "R -1A" One -family Dwelling District
to "1-2'' Light Industrial District, on a 2.05 -acre tract of land out of the southeast portion
of Tract E, Lot 1, Section 28, Flour Bluff and Encina) Farm and Garden Tracts, located in
the 7300 Block of South Padre Island Drive, be denied, but in lieu thereof a Special Council
Permit for a warehouse use be granted in accordance with the plot plan submitted, and that
an ordinance be brought forward effectuating the Special Council Permit.
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Minutes
Regular Council Meeting
November 4, 1970
Page 16
City Manager Townsend presented pending items and the following actions taken:
Motion by Roberts, seconded by Bradley, with de Ases, Lozano and Sizemore voting
"Nay", that the appeal of Petro -Search, Inc. from the decision of the Petroleum Superintendent
regarding the denial of a permit to drill their R. H. McLemore, Well 01 in Block #739 on
Westchester Drive between Highway 44 and Garfield Drive, be granted. Mayor Blackmon
declared the motion had failed to pass for lack of sufficient affirmative votes, which in effect
denied the appeal.
Mr. George Prowse, attorney representing Petro -Search, Inc., who was present on
behalf of the foregoing appeal, was directed to confer with Petroleum Superintendent as to
what recourse is available to his client following this action, and that if the ordinance is
deficient in any way, the Council will be receptive to consideration of that problem.
Relative to the pending matter of the appeal of Victor Lopez from the decision of the
Civil Service Board, on which a public hearing was held October 21, 1970, it was agreed
that since Mr. Lopez or his attorney had not received notification, the matter was removed
from the agenda, to be presented November 11, 1970.
Motion by Bradley, seconded by de Ases and passed, that Application #770-5,
Mrs. Ray Young, for change of zoning from "R -1B" One -family Dwelling District to "AB"
Professional Office District on Lot 4, Block 3, Carroll Lane Park #1, located at 3613
Mulberry Street, on which a public hearing was held October 19, 1970, be denied but in
lieu thereof a Special Permit be granted for an owner -operated beauty shop with no advertising
and according to a plot plan for a time period of two years, and that an ordinance be brought
forward effectuating the Special Permit.
Motion by Bradley, seconded by de Ases and passed, that the recommendation of the
Planning Commission be concurred in and that Application #970-1, Mr. R. J. Chapman,
for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House
District on Lots 1 and 2, Block 43, Del Mar Addition, located at 702 Southern Street, on
which a public hearing was held October 19, 1970, be approved as requested, and that an
ordinance be brought forward effectuating the change.
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Minutes
Regular Council Meeting
November 4, 1970
Page 17
Motion by Lozano, seconded by Bradley and passed, that the recommendation of
the Planning Commission be concurred in and that Application #970-3, Owen F. Holman,
for change of zoning from "A-2" Apartment House District to "B-4" General Business
District, on the west 39.82 feet of Lot 3 and all of Lots 4, 5, and 6, Block 9, of Morris
and Mitchells Extension of South End Addition, and Lots 4 and 5, Block 4, Extension of
South End Addition, located in the 700 Block of Brownlee Boulevard, on which a public
hearing was held October 19, 1970, be approved as requested, and that an ordinance be
brought forward effectuating the change.
Motion by Roberts, seconded by de Ases and passed, that Application #970-5,
William J. Lucas, Jr., for change of zoning from "F -R" Farm Rural District to "B-1"
Neighborhood Business District, on Lot 1-R, Block 1, Flour Bluff Gardens Unit 2, located
in the 1800 Block of Waldron Road, on which a public hearing was held October 19, 1970,
be denied on the northerly most portion, and in lieu thereof "A-1" Apartment House District
be granted, and that "B-1" Neighborhood Business District be granted on the southerly most
portion of the tract, and that an ordinance be brought forward effectuating the change.
Motion by Bradley, seconded by Lozano and passed, that Application #970-6,
Property owners in the 200 and 300 Blocks of Ohio, for change of zoning from "A-1"
and "R-2" to "R -1B" on all of Lots 11 and 12, Block 5, and Lots 20 through 24, Block 6,
Del Monte Addition, located in the 300 Block of Ohio Street, on which a public hearing
was held October 19, 1970, be granted, excluding Lot 11 and 12, Block 5, and that an
ordinance be brought forward effectuating the change.
Motion by de Ases, seconded by Lozano and passed, that a street be constructed to
extend Flores Street from Agnes Street to Up River Road.
Motion by de Ases, seconded by Bradley and passed, that Application #370-5,
Planning Commission, for change of zoning from "R-18" to "B-4" on Lots 3 and 4, Blocks
A, B, C, D, E, and F, Lexington Place, located in the 2800 and 2900 Blocks of Padre
Island Drive on which a public hearing was held April 13, 1970; and Application #370-9,
Walter Wiaznia,for change of zoning from "R -1B" One -family Dwelling District to "A-1"
Apartment House District, on all of Lots 33 and 34, Block 14, Port Aransas Cliffs Addition,
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Minutes
Regular Council Meeting
November 4, 1970
Page 18
located on the southeast corner of the intersection of Rossiter and Denver Streets, on which
a public hearing was held June 24, 1970, (when request was approved, liut final passage
of the ordinance held in abeyance pending satisfactory proof that the contemplated project
would be built) be automatically denied, since six months have elapsed and the period for
decision has expired.
3
Motion by Roberts, seconded by Bradley and passed, that Application 0770-0 Roy
Smith and E. S. Joslin, for change of zoning from "R -1B" to "B-4" on a 13.1 -acre tract
of land out of Lots 2, 3, and 4, Section 3, Flour Bluff and Encino! Farm and Garden Tracts,
bounded by Mt. Vernon Drive, South Padre Island Drive, Holmes Drive, and Prinston Drive,
on which a public hearing was held August 12, 1970, be grunted, subject to conditions
relative to screening and lighting, and that an ordinance be brought forward effectuating
the change in which the screening and lighting conditions are spelled out.
ORDINANCE NO. 9976
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI AND RIO AIRWAYS, INC. COVERING THE RENTAL OF SPACE AT THE
INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID
LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present
and voting "Aye"; McDaniel was absent.
ORDINANCE NO. 9977
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI AND EASTERN AIR LINES COVERING THE RENTAL OF SPACE AT THE
INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID
LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present
and voting "Aye"; McDaniel was absent.
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Minutes
Regular Council Meeting
November 4, 1970
Page 19
ORDINANCE NO. 9979
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI AND TEXAS INTERNATIONAL AIRLINES COVERING THE RENTAL OF SPACE
AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF
SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present
and voting "Aye"; McDaniel was absent.
ORDINANCE NO, 99/9
THIRD READING OF AN ORDINANCE AUTHORIZING AND'DIRECTING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI AND BRANIFF INTERNATIONAL, INC. COVERING THE RENTAL OF SPACE
AT THE INTERNATIONAL AIRPORT; AND THE USE OF SAID AIRPORT, A COPY OF
SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF,
The foregoing ordinance was read for the third time and passed finally by the
following vote: Blacknioh, Lozano, Bradley, de Ases, Roberts and Sitetnere, present
and voting "Aye"; McDaniel was absent:
ORDINANCE NO: 9980
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT
FOR THE ACQUISITION OF PARCEL NO. 240 BAYFRONT OPEN SPACE PROJECT
NO. 291-70-8 FROM THE OWNERS DAVID S. MENDLIF7WITZ ANb WIFE KAY
MENDLOWITZ; APPROPRIATING THE SUM OF $1/,155.00 OUT OF NO. 291 PARK
BOND FUND, OF WHICH SUM OF $19,980:00 IS FOR ACQUISITION OF THE LAND
AND $195.00 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the fategoing ordiriani a was passed Dy.'the
following vote: Blackmon, Loahe, Bradley, de Ases, Roberts and Si±Comte; present
and voting "Aye"; McDaniel wag absent:
ORDINANCE NO: 9981
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT
FOR THE ACQUISITION OF PARCEL NO: 27, BAYFRONT OPEN SPACE PROJECT NO:
291-70-8, FROM OWNERS, JOHN B: PETERSON, AND WIFE, THELMA LAVERNE
PETERSON; APPROPRIATING THE SUM OF $20,733.50 OUT OF NO: 291 PARK BOND
FUND, OF WHICH $20,500 IS FOR ACQUISITION AND $23650 IS FOR INCIDENTAL
EXPENSES RELATED TO CLOSING COSTS; AND DECLARING AN EMERGENCY.
The Charter Rulewas suspended and the fotegaing ordinance was passed by the
following vote: Blackmon, Lozano; Bradley, de Ases, kobeits and Sizemore, present
and voting "Aye"; McDaniel was absent.
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Regular Council Meeting
November 4, 1970
Page 20
ORDINANCE NO. 9982
REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S.
TEXAS, AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12,
1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. CONGRESS,
AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, THE STATE OF CIVIL EMERGENCY
IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING
THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR
DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE
CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING
NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and:Sizemore, present and
voting "Aye"; McDaniel was absent.
ORDINANCE NO. 9983
RECOMMENDING THAT AN ORDER BE APPROVED AT THE REGULAR CITY COUNCIL
MEETING ON WEDNESDAY, NOVEMBER 11, 1970, CALLING A CITY ELECTION ON
THE ISSUANCE OF $3,000,000 IN GENERAL OBLIGATION BONDS FOR THE ACQUISI-
TION OF THE GOVERNMENTAL CENTER SITE IN THE CITY OF CORPUS CHRISTI UPON
LANDS BOUNDED BY BLUCHER, WACO, MESTINA, ARTESIAN, LEOPARD, CARRIZO,
AND NORTH TANCAHUA STREETS; AND DECLARING AN,EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and
voting "Aye"; McDaniel was absent.
ORDINANCE NO. 9984
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI: FOR THE
PURPOSE OF COORDINATION OF CITYWIDE EFFORTS TO FURNISH ADEQUATE AND
PERMANENT HOUSING FOR LOW- AND MODERATE -INCOME FAMILIES, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present
and voting "Aye"; McDaniel was absent.
FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE
A LEASE AGREEMENT WITH THE TEJAS BOWMAN ARCHERY ASSOCIATION LEASING
TO SAID TEJAS BOWMAN ARCHERY ASSOCIATION A 36 -ACRE TRACT OF LAND,
DESCRIBED AS TRACT 'A", NUECES VIEW TRACTS AS SHOWN IN VOLUME 28, PAGE 64,
NUECES COUNTY, TEXAS, MAP RECORDS, FOR THE PURPOSE OF PROVIDING AN
ARCHERY RANGE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF.
Minutes
Regular Council Meeting
November 4, 1970
Page 21
The foregoing ordinance was read for the first time and passed to the second
reading by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts, and
Sizemore, present and voting "Aye"; McDaniel was absent.
City Manager Townsend read a statement of the outcome of an investigation by
City Officials into the disturbance in Buccaneer Stadium the night of October 30, 1970,
involving City Police and students attending a Miller -Kingsville Football game, which
resulted in minor injuries and burning of a building. Mr. Townsend stated the official
report was compiled from more than 30 written statements and numerous oral reports by
persons either involved or near the disturbance, and signed by himself, Public Safety
Director Wayland Pilcher and Acting Police Chief James H. Avant, and that the con-
clusion was that members of the Police Force had used the proper amount of force to
control the disturbance and were exonerated of blame. He stated that precautions are
being taken to prevent a repetition of the incidents, by reassigning police officers involved
in the disturbance from security work near the student section to other posts during future
football games, and that the Human Relations Commission has begun a series of meetings
with Mexican -Americans, Negroes and policemen: in an attempt to prevent a repetition
of the occurrence.
Relative to Ordinance No. 9973, passed and approved by the City Council
October 28, 1970, amending the City Code, permitting duck hunting in the Laguna Madre
and providing exceptions for discharging of firearms within the City Limits, Mayor Blackmon
stated he was exercising his authority in accordance wtth'Artiale 11, Section 6 of the City
Charter and returning the ordinance without his signature for the reason that this ordinance
was to be conditioned en passage of Ordinance No. 9938, andsirade that ordinance hut been
vetoed and the veto has not been overturned, this ordinance is premature. the statement
was filed in writing with the City Secretdry.
No further action was taken by the Council on the foregoing ordinance.
There being no further business to Come before the Council, the meeting wet adjourned.