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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 . • • 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 • Reg t or Council Meeting 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. • • 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. • 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. • • 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. • • 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. • • 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. • • 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 • • 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 • • 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. • Minutes 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. • • Minutes 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 • • 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. • 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. • • 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, • • 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. • 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. • • Minutes 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.