HomeMy WebLinkAboutMinutes City Council - 06/02/1971MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
June 2, 1971
2:00 P.M.
PRESENT:
Mayor Ronnie Sizemore
Mayor Pro Tem Charles A. Bonniwell
Commissioners:
Roberto Bosquez, M.D.
Rev. Harold T. Branch
Thomas V. Gonzales
Gabe Lozano, Sr.
J. Howard Stark
City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary T. Ray Kring
Mayor Ronnie Sizemore called the meeting to order.
The Invocation was given by the Reverend Henry Romer of St. Joseph's Catholic
Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Mayor Sizemore announced that the week of June 2-8, 1971, had been declared
NATIONAL ALLIANCE OF BUSINESSMEN WEEK in the City of Corpus Christi to be pre-
sented at a meeting of the group tomorrow.
Mayor Sizemore announced the public hearing on the request of Driscoll Junior
High School Student Council to change the name of Weil Place to Rough Ranger Road.
City Manager Townsend explained that the request had beensubmitted to, the Council
in March by letter signed by the Vice-Presidentof the Student Council, Blake Anthony; that
it was accompanied by petitions signed by almost 800 individuals, including 19 adjacent
property owners, students and 'school faculty, and commented that the request was in order
and properly before the Council. He explained that the usual procedure had been followed
and the request circulated through the affected City Departments and Post Office. He read
a letter from Postmaster Otis Bowers which stated that the Corpus Christi Postal Service could
not further approve requests of schools for street name changes because it would only serve to
further increase the critical situation caused by changes already made, and that the City
Departments concurred in this recommendation. He stated that the Traffic Engineer pointed
out that the Department is some 500 street name signs behind because of Hurricane Celia; that
the Planning Department stated that Zip Code Directories are affected throughout the United
States; that it would set a precedent for the other 17 junior high schools in the City, and that
street name changes should only be made where there is a duplication of names.
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Regular Council Meeting
June 2, 1971
Page 2
Student Council Vice -President, Blake Anthony, presented the student's request stating
that the name would give impetus for renewed school spirit; pointed out that confusion exists
because of a street named "Weil Road" in another part of the City; stated that since there is
only one business or residence on Weil Place, such change would not affect anyone other than
the school. Mr. Blake stated that in the event the Council did not choose to grant the request,
their alternate choice would be "Robert Driscoll Drive."
School Principal Mr. Parrish was also present in support of the request and introduced
members and officers of the Driscoll Student Council.
City Manager Townsend stated that he had directed that the Staff investigareras to
whether or not there is a conflict of street names as pointed out by Mr. Blake, and if so, the
street should be included in the City's project to eliminate such duplications of street names.
Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed and
tabled for further consideration.
Mayor Sizemore announced the recessed public hearing on Application #271-11,
Julian Puente, for change of zoning from "R -1B" One -family Dwelling District to "B-4"
General Business District on Lot 15, Block 3, Molina Subdivision No. 1, which application was
opened March 15, 1971, and recessed on request of the applicant's attorney.
City Manager Townsend explained that during a series of other hearings held on
March 15, Mrs.ViolaHutchinson, 4145 Angela Street, appeared and presented a petition
containing approximately 30 signatures of residents in the subject area in opposition to the
proposed zoning change, and that the applicant's attorney, Mr. George Prowse, requested
that the hearing be re -set for continuation at a later date until he had an opportunity to
review the addresses listed on this petition relative to theirproximity to the applicant's property.
Mr. George Prowse appeared and requested that the hearing be further delayed stating
that following the dote of March 15, he had made several attempts through the Planning Depart-
ment and the City Secretary's Office to obtain Mrs. Hutbhinson's petition and had been advised
by the City Secretary's office yesterday that the petition had been misplaced but that a copy had
been obtained from Mrs. Hutchinson which would be available to him. Hestated he was involved
in other matters up until the present time and had not had an opportunity to examine the petition.
He stated that the copy presented to him was not the same one presented at the hearing March 15.
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Regular Council Meeting
June 2, 1971
Page 3
Mr. Townsend read the petition and pointed out that it was rather unusual to
request a delay of a hearing because of not having had time to review the file.
The Chair ruled that the Council hearing would proceed at th%s'.time
Senior City Planner Larry Wenger pointed out the location of the property on the
zoning and land use map; described the zoning classifications in the surrounding area and stated
that an auto repair shop is proposed. He stated that at the Commission hearing held February 16,
1971, the applicant's attorney spoke on behalf of the request, and that no one appeared in
opposition. He stated that prior to the hearing, the Staff mailed out 37 notices, three were
receive in favor and none in opposition; that it was the recommendation of the Planning Com-
mission that the request be approved as submitted: and that the Staff's opinion was that it be
denied due to the fact that an auto repair operation would create noise and would be a nuisance
to this area. He stated that the property is beff®r suited for !'AB" Professional Office District
or "A-1" Apartment House District.
Mr. George Prowse spoke on behalf of the request and explained that this application
was before the Planning Commission in October of 1967 at which time it was recommended
for approval; that since the property was located at the edge of the area being considered for
a Code Enforcem4nt Program, the Council deferred it pending a feasibility study by the Federal
Cede Enforcement Program in Molina Addition; that in October 1968, it was denied by the
Council on the basis that it would not be compatible with this program. He stated that it has
been three years since this study was made and only one dwelling had been improved in this
area. He stated that residents in the area had been contacted and that there had been no
objections. He expressed surprise that the petition hod been filed; that he had not been able
to determine the source of it, and felt it was inspired by some other than those in the neighborhood.
Mr. Prowse stated the proposed auto repair garage would be constructed of concrete; would have
adequate off-street parking; would not increase traffic nor adversely affect property values.
He explained that Mr. Puente had owned the property since 1965, that it had always been vacant,
and that the proposed operation would eliminate the problem of trash and other nuisances brought
about by undeveloped property.
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Regular Council Meeting
June 2, 1971
Page 4
City Manager Townsend stated that the reason for the opposition was that it is within
the Molina Neighborhood and that "B-4" is not compatible with the Code Enforcement Program.
He stated the Staff has been working to eliminate all non -conforming uses of this nature
throughout the West side neighborhoods with excellent results, and to legalize these uses
would create additional obstacles toward the Code Enforcement Progarm. He explained the
Code Enforcement Program for the Molina area stating that it would be very difficult to show
the Federal Government how "B-4" uses on this street designed for residences could be anything
but detrimental and harmful to the Code Enforcement Program.
Mr. Prowse asked if a Special Council Permit could be granted in lieu of the requested
"B-4" restricted to the automobile repair shop which he stated would satisfy his client's needs.
City Manager Townsend explained that before a Special Council. Permit could be granted
the Council should have before it for study a site plan which has been approved by the Planning
Commission.
Mr. Prowse presented a site plan which he stated he had discussed with the Planninji
Staff.
Mrs. Viola Hutchinson, 4145 Angela, appeared and spoke in opposition to the request
and filed a new petition containing 28 signatures of persons living on Angela, West Point Road
and Ramona Drive, in opposition to the request, generally on the basis that it would destroy
the residential character of the neighborhood; would decrease property values; the noise created
by such an operation would be objectionable; and the increased traffic would endanger the lives
of school children in the area.
Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed.
Motion by Lozano, seconded by Stark and passed, that the foregoing zoning application
be tabled for further consideration.
Mayor Sizemore .called for the City Manager's Reports and City Manager Townsend made
the following recommendations:
a. That a contract for the Brownlee -Leathers Area Drainage System and John Street
Outfall be awarded to Couch Construction Company for $391,950.70, and that $417,000 be
appropriated, including $25,049.30 for engineering, laboratory costs, cost of adjusting oil
pipe lines thru Southwestern Refinery's Tank Farm, and other related costs;
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Regular Council Meeting
June 2, 1971
Page 5
b. That a contract for Hurricane Celia Damage Repairs to the Corpus Christi Police
Station be awarded to the low bidder, Creative Constructors, and that $12,1.03.00 be appro-
priated for this purpose;
c. That a contract for South Bluff Park Tennis Court Repairs and Resurfacing, being a
part of the annual maintenance program of the Athletic Section of the Recreation Division, be
awarded to Casey and Glass for $8,695.60, and that $9,250.00 be appropriated, including
$554.40 for engineering and related costs;
d. That Parcel No. 17 for the improvement of Kennedy Street as part of the Hillcrest
from
Neighborhood Improvement Program be acquired / Mr. and Mrs. Dennis Thomas for $100.00,
and that $186.50 be appropriated, including $86.50 for closing costs;
e. That Parcel No. 17 be acquired for the Police Station Parking Area Expansion,
described as Lot 16, Block 2, Hidalgo Addition, for $3,250 from Joe Cabrera and Seferino
Lopez, and appropriating $3,383.50 including $133.50 for closing and other related costs;
f. That Parcel No. 18 for the Police Building Parking Area Expansion be acquired
from Angelita Esparzo and Demetrio Tovar for $3,300 tnd that $3,433.50 be appropriated,
including.$133.5q,for-closing costs and incidental expenses;
g. That real estate sales contract with Jack Hightower for the acquisition of Parcel
No. 16-2 of the Clarkwood Drainage Ditch for $425.00 be approved, and that $512.00 be
appropriated which includes $87.00 for incidental expenses;
h. That the no -cost lease with PPG Industries, Inc. be again ;renewed thru
April 30, 1973, for a 4 -acre park site located in the 400 Block of Gibson Street off Buddy
Lawrence Drive, being used as a 011 park (Westside Little League), which area PPG has
made available for a park since 1950, and renewal is according to the terms of the July 6,
1966, lease and k recommended by the Park Board;
i. That $13, 358.56 be appropriated from various bond funds forexpenses in con-
nection with the March 10, 1971, $3,000,000 bond sale, being $5,451 for financial advisor;
$4,366 for bond attorney; $400 for printing bonds; $1,442 for printing prospectus; and $1,500
for contract rating services;
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Regular Council Meeting
June 2, 1971
Page 6
j. That $33,049.00 be appropriated to reimburse the General Fund from the Sewer
Bond Fund for payment of $32,569.00, being the amount the jury award exceeded the
Commissioner's award, for the acquisition of thesite for the new Flour Bluff Sewage Treatment
Plant, and $480 for the City's witness in the case; (The General Fund had sufficient reserve
appropriation to make the payment during the moratorium and now needs to be reimbursed;)
k. That authorization be granted for the City Manager to execute a State Highway
Joigt Use Agreement for the new location for water lines *rhich must be relocated because of
the construction of Park Road 22, the road to Padre Island, which lines were originally planed
in State Right -of -Way by the Flour. Bluff Water District and must lseaelocated by the City,
the largest line to be relocated being 600 feet of 8 -inch pipe;
I. That a public hearing be held June 16, 1971, with reference to the closing of
portions of sixVstreets and four alleys in the Hillcrest area inaonriectiori with the Hillcrest
Neighborhood Improvement Program;
nr That the date of June 23, 1971, at, 3:30 p.m. be set for a public hearing on
the following zoning applications:
(1) Santa Fe Townhouses, Inc. - from "R -1B" to "R-2" on two tracts .of land bounded
by Montetr y, Santopes and Sinclair Streets..
(1) Richard -E. Garza - from "R -1B" to "AB", on the southeast corner of Townsend
Street and Marne Road.
(3) H. L. Fields - from "R -1B" to "13-1", north of National West of Columbia.
(4) Audora C. Gutierrez - from "A-1" to "AB", on the northeast corner of Nueces
Bay Boulevard and Koepke Street,
n. That the date of June 30, 1971, at 3:30 p.m. be set for a public hearing on the
following zoning applications:
(1) Humble 6t and RefinintCompany - from "R -IB" to "B-1", on the northwest
dOrrrer of Topeka and Doddridge Streets.
G. S. & 5. J. Leal - from "A-2" to "B-4", on the northwest corner of Caldwell
and North Alameda Streets.
(2)
(3)
Jose Guajardo - from "R -1B" to "B-1" on the south right-of-way line of West
Point Road, west of Columbia Street.
(4) Pete and Margaret Luna - from "R -1B" t; "B-1", on the southeast ccer of
Espinosa Street and Highland Avenue.
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Regular Council Meeting
June 2, 1971
Page 7
o. That the date of July {r',, 1971, at 3:30 p.m., be set for a public hearing on the
following zoning applications:
(1) E. C. Peterson, Trustee - from "R -1B" to "B-4", on the northwest corker of
McArdle Road and Airline Road.
(2) E. C. Peterson, Trustee - from "R -1B" to "A-1", on the northwest corner of
Horne Road and Ramsey Street.
(3) N. E. Shamoon - from "B-1" to "B-4", on the northwest comer of McArdle Road
and South Staples Street.
(4) W. B. Wilcox - from "A-2" to "B-4", between IH #37 and Upriver Road, west of
Rand Morgan Road.
(5) Great Western Corporation - from "R -1B" to "R-2", on the west right-of-way line
of Airline Road, north of Holly Road.
p. That a revised Fixed Relocation Payment Schedule be adopted for families relocated
by HUD assisted programs. (The schedule adopted March 24, 1971, must now be revised to
conform to new HUD regulations; the hourly rate remains $15 but the fixed payments, based
on number of rooms, increased from zero to 33-1/3% with the new schedule ranging from $30
for one room to $120 for seven rooms;
q. That the ordinance establishing the Joint Airport Zoning Board be amended to be
consistent with the amended State authorizing law by increasing the Board from four to five
members, providing for 3 -year terms, and estallishing the procedure for electing the chairman;
r. That a contract for $8,239.30 for Hurricane Celia Damage Repairs to the Filter
Building at the O. N. Stevens Filter Building at the O. N. Stevens Filter Plant be awarded
to the low bidder, Cedar Roofing and Construction Industries - $8,068.35 to be paid by
insurance and $170.95 to be the City's cost for betterment; (The low bid of $9,047.90 was
reduced by $808.60 by the deletion of patch work on exterior plaster on the roof overhangs);
s. That a public hearing be held June 16, 1971, during the Regular Meeting to deter-
mine the City's position regarding the application of Centfal Power and Light for water
discharges into Cayo del Oso for the proposed Barney M. Davis Power Station;
t. That plans and specifications for storm sewer improvements to a portion of Cabaniss
Acres Subdivision improvements to Housing Authority Site "A" at Treway and Holly, storm
sewer and street improvements for 700 feet of Sacky Drive for Housing Authority Site "B",
and extension of Weaver Street one block of Padre Island Drive, be approved; and that
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Regular Council Meeting
June 2, 1971
Page 8
authority be granted to receive bids on June 23, 1971; (Weaver Street and Sacky from Anita
to Richter will be assessment projects - The Housing Authority will pay 50% of Treway and
Holly drainage based on area drained and their assessments for Sacky improvements);
u. That bids be received on June 18, 1971, at 11:00 a.m., for 6 -months require-
ments of approximately 25, 150 feet of various sizes of copper tubing for Warehouse Inventory,
for which funds are available in the Warehouse Inventory Account;
v. That bids be received from June 21, 1971 thru June 29, 1971, for 49-ACnnudi
Supply Contracts for which funds are being requested by various using activities in the 1971-72
Budget to cover costs of these supplies, with an estimated total costof approximately $1,995,600;
w. That Ordinance No. 10217 which awarded the construction contract for the
Municipal Service Center to Braselton Construction Company for $1,040,000.00 be amended
to reflect deletion of most curb and gutter, certain parking areas, and employee access to
Richter as described in Item "jj" of the Council Minutes of Marchi 31, 1971; (The totbl
appropriation for the executed contract is reduced to $993,323.94 and related costs of
$46,676.06);
x. That Swanson Heister Wilson Boland provide staking services required for the
construction of all improvements, including buildings, parking lots, curb and gutters,
streets, and storm sewers for the Municipal Service Center for a lump sum fee of $8,500.00,
no additional appropriation being required since this estimate was included in the original
cost estimate for engineering services regardless if done by the City or by consultants;
y. That a 10' utility easement in Block 8, Flour Bluff Estates #2 Subdivision
approximately 180 feet southieast of N.A.S. Drive, be abandoned subject to final platting
of a substitute 10' easement between proposed Lots 26A and 26B and the relocation of all
existing utilities by applicant;
z. That the City make application through the Department of Housing and Urban
Development for $230,735.07 for 50% of the cost of construction of sanitary sewer connectors
in the Clarkwood and San Juan area, and that the City Manager be authorized to proceed with
the application;
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Regular Council Meeting
June 2, 1971
Page 9
aa. That the City Manager be authorized to submit applications to HUD for an
additional Neighborhood Improvement or Code Enforcement Program for the areas known
as Airport -Austin and Milo-Sacky areas, with City participation being the bond funds
approved for street improvements for those streets where voluntary participation petitions
have been received.
Dr. Clotilde P. Garcia, 3838 Baldwin, appeared and requested that street improve-
ments, drainage facilities and sidewalks be installed around the Austin School area. She
described the conditions as being deplorable. She stated there are some 1,000 persons in
that area who have to walk through mud during the wet weather, She also complained of
broken glass, trash, and filth in the park in the area of Austin School; stated there is no
parking area, no playground equipment, and no bathroom facilities. She further complained
that she is forced to pay to have the gutters opened around her offices on Baldwin Boulevard
following heavy rains, and that a sign should be` placed at the intersections of Balboa, Pine
and Pueblo. Dr. Garcia presented the Council With colored snapshots showing the alleged
condition of the sidewalks and drainage facilities in these areas. She stated there is also
a need for street and sidewalks improvements around Furman School.
City Manager Townsend explained that improvements to Pine land Pueblo are included
in an application which the previous City Council approved a few weeks ago for a beautification
program in this area, and that Item "aa" above is for approval of Neighborhood Improvement
or Code Enforcement Program for these areas, and if approved by the Federal government,
funds will be available for these improvements. He pointed out on a mop the areas to be
included, and stated that even if the Government does not approve the application, funds
are available for the streets and sidewalks.
Dr. Hector P. Garcia, appeared and complained that the drainage ditch in front
of his building on Bright Street stays clogged up most of the time, that his repeated complaints
have been ignored, and inquired if improvement of the drainage ditches in this area were
included in any of the improvement programs.
City Manager Townsend explained that the ditch of which Dr. Garcia referred is
located on private property and therefore was not the City's responsibility to clean. He
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Regular Council Meeting
June 2, 1971
Page 10
explained that the City is not staffed nor has the equipment for frequent cleaning of ditches,
and that these drainage ditches are cleaned about every ten years. He explained the usual
procedure of submitting petitions showing willingness to pay part of the cost for street and
sidewalk improvements.
Mr. Luis Garcia, Neighborhood Cdordinator for the Zavala School Area, appeared
with Dr. Clotilde Garcia requesting street and drainage improvements around Austin School
and their offices on Baldwin Boulevard and Bright Street. He stated that approximately one-
half of the residents in the Zavala area are renters, and inquired as to what position this
placed them in when asked to sign petitions for street improvements.
City Manager Townsend explained that the owners of the property would have to sign
and present petitions, and that it is hoped they will recognize the value of having: the streets
improved and will eventually sign the petitions. He stated the trunk drainage will be checked
by the City staff to determine the source of the problem of the clogged drainage ditches.
Motion by Lozano, seconded by Bonniwell and passed, that the City Manager's Reports,
Items "a" through "aa" be accepted, and that the requests and recommendations be granted
and approved as presented.
Dr. Hector Garcia, speaking on behalf of the GI Forum and VISTA Workers, spoke
relative to the ordinance appearing on the agenda redeclaring a state of civil emergency
continuing in the City as a result of Hurricane Celia and authorizing establishment of mobile
home park accommodations for disaster housing purposes. He stated they have studied the
ordinance and do no understand its full intent, and that many persons occupying trailers
made available through the contract between the City and the Department of Housing and Urban
Development wiil.l- not be in a position to move out of the trailers on August 4, 1971. He also
stated some of these persons will not be able to pay excessive rent, or any rent, if the trailers
are not allowed to remain, neither is there housing available.
City Manager Townsend explained that by law the Council must approve the same
ordinance at least once a week, which has been done consistently since August 3, 1970. He
explained that the City and homeless persons are presently faced with two deadlines; that on
August 4, the Federal emergency declaration ends, a declaration under which the City is
eligible for certain benefits including rent for land occupied by the HUD trailers; and also a
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Regular Council Meeting
June 2, 1971
Page 11
deadlinlr for persons living in the trailers, now rent free. He stated that HUD haS authorized
a year of rent free usage and the year runs out on the date of occupancy and not on August 4.
He further pointed out that if adequate housing for persons now living in HUD trailers is not
available by August 4, the City must show proof of need to persuade the Federal Government to
continue its emergency declarations.
Mr. Luis Garcia, stated that some of the HUD trailer occupants have not been able to
qualify for loans from the *Hall Business Administration for home repairs which has complicated
their problems.
ORDINANCE NO. 10269
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, AS AMENDED, THE STATE OF
CIVIL EMERGENCY CONTINUING 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "Aye".
ORDINANCE NO. 10270
AUTHORIZING' THE CITY MANAGER TO EXECUTE A CONTRACT WITH COUCH
CONSTRUCTION COMPANY OF HOUSTON, TEXAS, FOR THE CONSTRUCTION OF
THE BROWNLEE-LEATHERS AREA DRAINAGE SYSTEM AND JOHN STREET OUTFALL;
APPROPRIATING OUF OF NO. 295 STORM SEWER BOND FUND THE SUM OF $417,000,
OF WHICH $391,950.70 IS FOR THE CONSTRUCTION CONTRACT AND $25,049.30 IS
FOR CONTINGENCIES AND INCIDENTAL EXPENSE, ALL IN CONNECTION WITH
PROJECT NO. 295-70-60; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "Aye".
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Regular Council Meeting
June 2, 1971
Page 12
ORDINANCE NO. 10271
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CASEY & GLASS,
INC., FOR SOUTH BLUFF PARK TENNIS COURTS REPAIR AND RESURFACING; APPRO-
PRIATING AND REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY
4133, CODE 345, THE SUM OF $9,250, OF WHICH $8,695.60 IS FOR THE CONSTRUCTION
CONTRACT AND $554.40 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 10272
APPROVING THE FIXED -RELOCATION PAYMENTS SCHEDULE IN THE CITY OF CORPUS
CHRISTI, TO BE USED IN CONNECTION WITH THE HUD -ASSISTED PROJECTS OF HILL -
CREST PARK PROJECT, OSC-85 (DL) AND CODE ENFORCEMENT (MOLINA AND HILL -
CREST), TEX E-7; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote4Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 10273
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL. ESTATE SALES CONTRACT WITH
DENNIS THOMAS ET UX ANNA BELL THOMAS FOR THE ACQUISITION OF PARCEL NO. 17
REQUIRED FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE HILLCREST AREA;
APPROPRIATING OUT OF NO. 220 STREET BOND FUND FOR PROJECT NO. 220-67-92.4
$186.50, OF WHICH $100 IS FOR ACQUISITION AND $86.50 IS FOR CLOSING COSTS;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 10274
APPROPRIATING THE SUM OF'$13,358.56 OUT OF VARIOUS BOND FUNDS FOR EXPENSES
IN CONNECTION WITH THE SALE OF $3,000,000 GENERAL IMPROVEMENT BONDS,
SERIES 1971 ON MARCH 10, 1971; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
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Regular Council Meeting
June 2, 1971
Page 13
ORDINANCE NO. 10275
APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $512,
OF WHICH AMOUNT $425 IS FOR ACQUISITION OF PARCEL NO. 16-2 AND $87 IS
FOR INCIDENTAL EXPENSE AND RELATED COSTS, APPLICABLE TO PROJECT NO.
295-67-46 CLARKWOOD DITCH, HIGHWAY 44 TO OSO CREEK; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH
THE OWNER, JACK HIGHTOWER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10276
APPROPRIATING FROM THE 250 SANITARY SEWER BOND FUND FOR REIMBURSEMENT
OF THE NO. 102 GENERAL FUND THE SUM OF $33,049.11 FOR PAYMENT OF BALANCE
OF JUDGMENT OF COURT AND FEES OF EXPERT WITNESS IN CAUSE NO. 613,
STYLED CITY OF CORPUS CHRISTI VS. THOMAS A WILLIAMS, ET AL, INVOLVING
PARCEL OR TRACT SOUGHT TO BE ACQUIRED BY THE CITY IN CONDEMNATION
PROCEEDINGS FOR ESTABLISHMENT OF THE FLOUR BLUFF SEWAGE PLANT; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance waspassed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10277
AMENDING THE CITY OF CORPUS CHRISTI CODE OF ORDINANCES, 1958, AS AMENDED,
BY ADDING THERETO A NEW ARTICLE IV, JOINT AIRPORT ZONING BOARD, IN
CHAPTER 7, AVIATION, OF SAID CODE; PRESCRIBING THE COMPOSITION OF SAID
BOARD, ITS POWERS AND JURISDICTION; RATIFYING, CONFIRMING AND APPROVING
THE REGULATIONS AND RULINGS OF SAID BOARD; PROVIDING A REPEALING CLAUSE;
PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10278
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CEDAR ROOFING
AND CONSTRUCTION INDUSTRIES FOR HURRICANE CELIA DAMAGE REPAIRS TO THE
FILTER BUILDING AT O. N. STEVENS FILTER PLANT, PROJECT NO. 141-5198-13;
APPROPRIATING OUT OF THE NO. 141 WATER SYSTEM FUND, ACTIVITY 5198, CODE
502, THE SUM OF $8,239.30 FOR SAID REPAIRS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance: was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
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Minutes
Regular Council. Meeting
June 2, 1971
Page 14
RESOLUTION NO. 10279
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR FEDERAL GRANT
UNDER THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965, PUBLIC LAW
89-117 AS AMENDED, AND TO SIGN THE NECESSARY DOCUMENTS REQUIRED IN
ORDER TO COMPLETE THE CONSTRUCTION OF CERTAIN SANITARY SEWER MAINS
AND COLLECTOR FACILITIES IN THE CLARKWOOD AND SAN JUAN AREA, CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10280
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CREATIVE
CONSTRUCTORS, INC. FOR HURRICANE CELIA DAMAGE REPAIRS TO THE CORPUS
CHRISTI POLICE STATION, JOB NO. 102-4298-04; APPROPRIATING OUT OF THE
NO. 102 GENERAL FUND ACTIVITY 4298, CODE 502, THE SUM OF $12,103 FOR
SAID REPAIRS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinancevaas:passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and StariC,
present and voting "Aye."
ORDINANCE NO, 10281
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT
FOR THE ACQUISITION OF PARCEL NO. 17 OF POLICE STATION PARKING AREA
EXPANSION, LEGALLY DESCRIBED AS LOT 16, BLOCK 2, HIDALGO ADDITION TO
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM THE OWNERS,
JOE C. CABRERA, JUANITA CABRERA AND SEFERINO T. LOPEZ; APPROPRIATING
AND REAPPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 3327,
CODE 502, THE SUM OF $3,383.50 OF WHICH SUM $3,250.00 IS FOR ACQUISITION
AND $133.50 IS FOR INCIDENTAL EXPENSES, RELATED TO CLOSING COST; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10282
AUTHORIZING THE CITY MANAGER TO ACQUIRE PARCEL NO. 18 OF POLICE STATION
PARKING AREA, DESCRIBED AS LOTS 17 AND 18, BLOCK 2, HIDALGO ADDITION, FROM
THE OWNERS, ANGELICO P. WILLMAN, RAMON S. ESPARZA, ANGELITA ESPARZA,
DEMETRIO TOVAR AND RICHARD A. PEREZ; APPROPRIATING THE SUM OF $3,433.50
APPLICABLE TO PROJECT 102-33-27-502, OF WHICH $3,300 IS FOR ACQUISITION AND
$133.50 IS FOR RELATED EXPENSES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
• •
Minutes
Regular Council Meeting
June 2, 1971
Page 15
ORDINANCE NO. 10283
VACATING THE l0 -FOOT UTILITY EASEMENT IN BLOCK 8, FLOUR BLUFF ESTATES 02
SUBDIVISION, APPROXIMATELY 180 FEET SOUTHEAST OF N.A.S. DRIVE, SUBJECT TO
FINAL PLATTING OF A SUBSTITUTE 10 -FOOT EASEMENT BETWEEN PROPOSED LOTS
26A AND 26B AND RELOCATION OF ALL EXISTING UTILITIES BY THE OWNER; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 10284
AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY JOINT USE AGREEMENT
WITH THE STATE OF TEXAS, ACTING BY AND THROUGH THE TEXAS HIGHWAY DEPART-
MENT, FOR JOINT USE OF PARK ROAD 22,.FROM THE OLD TOLL GATE IN FLOUR BLUFF
TO THE KiEBERG COUNTY LINE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT,
A COPY OF WHICH, MARKED EXHIBIT "A", 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
RESOLUTION NO. 10285
AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR A CODE ENFORCEMENT
GRANT UNDER SECTION 117 OF THE HOUSING ACT OF 1949, IN AN AREA OR AREAS
TO BE DESIGNATED AND SPECIALLY DESCRIBED IN THE APPLICATION.
(Airport -Austin; Milo-Sacky)
The Charter Rule was suspended and the foregoing resolution was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 10286
AMENDING ORDINANCE NO. 10,217, RELATING TO THE APPROPRIATION OF FUNDS
AND AUTHORIZATION OF A CONTRACT WITH BRASELTON CONSTRUCTION COMPANY
FOR THE CONSTRUCTION OF THE MUNICIPAL SERVICE CENTER, SO AS TO HEREBY
APPROPRIATE AND REAPPROPRIATE OUT OF THE NO, 207 PUBLIC BUILDING BOND FUND
THE SUM OF $1,040,000, OF WHICH $993,323.94 IS FOR THE CONSTRUCTION CONTRACT
AND $46,676.06 IS FOR CONTINGENCIES, INCLUDING ENGINEERING AND INCIDENTAL
EXPENSES, ALL APPLICABLE TO PROJECT NO. 207-70-10; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bpsquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
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Minutes
Regular Council Meeting
June 2, 1971
Page 16
Mayor Sizemore asked if there were persons in the audience who wished to speak
or submit petitions. No one appeared.
There being no further business to come before the Council at this time, the meeting
was recessed to be reconvened in the Central Jury Room at the Nueces County Courthouse
at 5:30 p.m. for the purpose of hearing an appeal of the permit granted by the Park Board
May 28, to Down South Promotions, Inc. for a Rock Festival at the Nueces River Park.
Mayor Sizemore reconvened the recessed meeting at 5:45 p.m. in the Central Jury
Room of Nueces County Courthouse and asked that it be noted that all members of the City
Council and the required Charterofficers were present. He stated the purpose of the meeting
was to hold a public hearing on appeals from the decision of the Corpus Christi Park Board
granting to Down South Promotions, Inc., a permit to hold a free rock music festival in
Nueces River Park June 4 through 6, 1971. He explained the procedure to be followed,
requesting those wishing to make statements to make request by registering their names.
He stated they would be heard in the order in which they appeared on the list.
City Manager Townsend read the two petitions (1) headed by Mr. Bob Thompson,
attorney representing a group of residents in the Nueces River Park area, signed by 18 persons;
and (2) petition headed by Mr. Charles H. Nichols and containing six signatures of persons
at large. He stated the petitions were delivered to City Hall at approximately 9 a.m. this date.
Two petitions were circulated through the audience, of approximately 300 persons, for
signatures of those desiring to be recorded for and against the permit, but not desiring to make
an oral statement, (1) those wishing to be recorded in favor of sustaining the decision of the
Park Board (10;3 signatures), and (2) those wishing to be recorded in opposition (54 signatures).
Mr. Bob Thompson stated that approximately 30 residents of the Calallen area held a
meeting last night and that they unanimously opposed the proposed rock festival being held
in the park basically because of its close proximity to their residences, and were concerned
as to what effect it would have on themselves and their property. For testimony on their behalf,
he introduced Mayor Tommy Feafer (Mayor Pro. Tem in 1969), and Jessie Olspn, Acting Chief
of Police, of the City of Lewisville, Texas, a city of approximately,8,000, site of the Texas
International Pop Festival held in 1969, and Dr. Lubrett Hargrove, practicing physician and
member of the Hospital Staff in the City of Robstown, Texas.
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Minutes
Regular Council Meeting
June 2, 1971
Page 17
Dr. Hargrove stated that due to the limited hospital facilities and available doctors,
the Robstown-,riverside Hospital would not be equipped to handle possible emergency cases
from the festival, and also stated that based on his experience as a physician, it was his
opinion that festivals of this nature, with.. history of excessive drug use and other in*noral
promiscuity, would only encourage a moral and spiritual breakdown of our society. He also
pointed out the danger of water pollution if the crowd exceeded expectations and used the
river for swimming.
Mr. H. T. Murphy, resident of Calallen, expressed concern with regard to traffic
hazards due to the park's relative location near Highways #37 and #9, which he stated was a
funnel for southbound traffic to the Rio Grande Valley. He stated that parking of cars for a
crowd of 1500 or more could block these highways.
Mayor Tommy Feafer (Lewisville) described in detail the difficulties encountered with
the more than 40,000 participants who came from all over the United States and as far away
as Canada, to the 1969 Pop Festival in Lewisville. He stated there were motorcycle gangs,
fights, excessive use of drugs, nude swimming and sex acts. He stated that law enforcement
assistance, including Federal and State Intelligence was used, and they were not able to
control the crowd. He stated the crime and immoral activities took a drastic change for the
worse as the festival progressed. He reported arrests of 136 lewd women and 18 narcotic
arrests, and that because of the inadquate police force, the arrests made were small compared
to the ones which should have been made.
Acting Police Chief Jessie Olson of Lewisville stated the Pop Festival there in 1969
was something he would never forget. He placed the responsibility largely on the promoters,
stating they were very nice and cooperative in the beginning, but did not keep their promises,
threatened officers and interferred with attempts to make arrests. He stated that by Saturday
night they had completely lost control; that the participants had no regard for traffic laws and
regulations, and that traffic became snarled and dangerous. He stated they attempted to set
up road blocks to seal off the City for protection but that this was not successful. He stated
the crowd was made up of teenagers, sub -teens, high school students and college graduates. He
related incidences of extreme violent behavior during and after arrests due to use of LSD and
Heroif .
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Minutes
Regular Council Meeting
June 2, 1971
Page 18
Mayor Sizemore gave members of the Council and persons in the audience an
opportunity to question Mayor Feafer and Captain Olson.
Mr. John M. Whiteman spoke in opposition to the granting of the permit, stating he
had been a drug addict for four and one-half years, and expressed serious concern for teen-
agers who would attend the festival. He stated he felt gatherings of this nature were
conducive to immorality and the granting of the permit would be an endorsement.
Mrs. H. M. Lancaster, and Mrs. Joe Broussard, residents of the Calallen area, spoke
in opposition stating the Park area was too small and could not possibly accommodate the
expected crowd and should it exceed the expectations, would be a disaster. They pointed
out that the Park is crowded on weekends with local people, and some areas unsafe for swimmers.
Mr. Bob Burke, 13701 Moon River Trail, spoke in opposition stating that "music is
a form of passion" and that rock music, with the help of drugs, could be used to hypnotize a
crowd of youngsters which could then be controlled by whoever held the microphone. He
stated that he had had a course in psychology and knew his subject. He pointed out that
the City of Corpus Christi does not have adequate police to control traffic and crime under
normal conditions.
Mr. Blane A. Decker, 906 Miramar, stated he had a great deal of respect for the
youth of this generation, but expressed great concern that they are constantly being subjected
to the use of harmful drugs and loose morals. He stated he would be concerned about the
welfare of every youngster who attended the proposed rock festival. Mr. Decker cited a
small park in the 4100 Block of Santa Fe Street where he stated youngsters could be found
congregating at most any hour of the day or night, and pointed out the shortage of police to
control these everyday conditions. He also questioned the provisions for fresh water supply
at the park; sanitation, medical and disposal facilities, and the cost to the City. He further
painted out that the park contains 40 acres, but that a large portion of this area is made up of
underbrush and the Freeway whijch would congest the area even more.
City Manager Townsend explained the steps the City proposes to take to cope with the
sanitation and health problems, stating thpt policemen will be assigned to special duty on an
overtime basis, and that adequate police would be provided to protect the community. He stated
• •
Minutes
Regular Council Meeting
June 2, 1971
Page 19
that the Council had been advised as to the cost involved, and that to go into this extensively
at this time would not serve the purpose of this hearing. He explained that the park contains
approximately 40 acres not including the area near the Water Plant, and that most of the area
would be used whether useable or not .
Mr. 'k, D. Atkinson, resident of Calallen area, spoke in opposition stating he did not
feel that standby police assistance could be reached in time if the situation got out of control.
Mr. Jack Pope, attorney, spoke on behalf of,the Down South Promotions, Inc., and
stated they were attempting to provide something for this area similar to the festival held in
Dallas, and that they had attempted to cooperate with the Council and the people of Corpus
Christi in every way possible and need their help. He stated they would answer any questions
from the Council or the audience, and introduced Mr. Anthony Mierzwa, an official of Down
South Promotions, Inc.
In answer to questions from the Council, Mr. Mierzwa explained that the group
expected no more than 5,000 to attend the festival, and that this did not compare equally with
the festival held in Lewisville. He stated that the Lewisville event was in a heavily populated
urban area and had been in the planning for eleven months; that they had not engaged any
national ngme bands and did not expect to attract a crowd as attended the Lewisville event.
He explained that provisions included 40 portable toilets, access to 3,000 50 -gallon drums of
water, a water pump truck, a 320 -gallon copper tank for water, 350 marshals recruited from
among the young people, 15 to 20 Navy Corpsmen to assist some physicians at medical tents,
16 certified life guards, 2r boats, 3 skin divers, resuscitators, and provisions for ambulance
service. He stated they had no plans to feed the crowd outside of its own group, and that they
plan to utilize all their people for traffic security and control. He pointed out the group's
success in staging two other festivals, one -day affairs on Padre Island National Seashore and
a City park in Kingsville. He stated that the event had been advertised out of town by having
distributed some 4,000 circulars, and that they had 2,000 additional circulars printed when they
got approval from the Park BoardWay 28. He stated that the area will be open at all times for
policemen to cruise through; that they had consulted with Director of Safety Wayland Pilcher
who had viewed the area on the ground and that he stated the parking area was adequate for
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Minutes
Regular Council Meeting
June 2, 1971
Page 20
the anticipated crowd. He explained that they had some monetary backing mOstly from
local people and some from Kingsville, and that the purpose for putting this on was to
provide something for the young people in the community to do. He stated nudity would
be discouraged. He explained that they had engaged approximately 17 bands, and that
music will be other than "hypnotizing" music, that there will be some country, some western,
some folk and some rock music.
Others appearing and speaking in favor of the permit were Mr. Hank Gillespiellll;
Mr. Marvin Nebrat, local attorney who stated he had had considerable experience in
dealing with juvenile problems; and Mr. Beto Garcia, stating the youth should be given an
opportunity to prove themselves.
Mr. Alfred Lum, 4040 Schanen, father of two teenage daughters, stated that he had
attended the Lewisville event with his family, and that it was an experience "I would not have
missed for the world", and would probably attend this one.
A lengthy question and answer period followed during which time the proponents,
opponents and the City Council were given an opportunity to question the officials and
backers of Down South Promotions, Inc., relative to provisions for water, food supply,
sanitation, trash; medical and health aids, hospitals, ambulance service, traffic control, use
of drugs, agenda, cutoff time, mosquitoes, and lighting.
Director of Public Safety Wayland Pilcher stated that he had had considerable discussion
with the Police Department, and that basically there were no objections expressed to the permit
for day light hours, but pointed out that the area has no lighting facilities at all and no way to
know what would be taking place after dark. He stated there were some reservations as to their
ability to maintain law enforcement with regard to the use of narcotics. He stated it was his
opinion that the surrounding property could be protected if the crowd does not exceed
anticipation.
Mr. Mierzwa stated that in addition to the list of conditions which they had agreed to,
if there are other necessary changes, they would take them into consideration. He stated they
have employed some very competent people to install electric wiring which they hoped the
City would check into.
•Minutes
Regular Council Meeting
June 2, 1971
Page 21
Mayor Sizemore thanked the proponents and opponents for their cooperation in making
this an orderly hearing and commended them for their respective presentations. He announced
the Council would withdraw for a brief recess before making its decision.
Following a one hour recess, Mayor Sizemore reconvened the meeting.
City Manager Townsend requested authority to bring forth an ordinance granting a
modified Special Use Permit to Down South Promotions, Inc., for the purpose of holding a
Rock Music Concert at Nueces River Park.
Motion by Branch, seconded by:Lozono and passed, that the foregoing request, be
granted, and City Manager Townsend read the proposed ordinance.
ORDINANCE NO. 10287
AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS REPRESENTATIVE TO ISSUE
A SPECIAL USE PERMIT TO DOWN SOUTH PROMOTIONS, INC., FOR THE PURPOSE OF
HOLDING AND CONDUCTING A ROCK MUSIC CONCERT AT NUECES RIVER PARK, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS AS PROVIDED IN THE PERMIT
APPLICATION, ALL AS MORE FULLY SET FORTH THEREIN, A COPY OF WHICH IS
MARKED EXHIBIT "A" AND ATTACHED HERETO AND MADE A PART HEREOF; AND FURTHER
PROVIDING THAT THE CITY MANAGER OR HIS REPRESENTATIVES SHALL HAVE THE POWER
AND AUTHORITY TO REVOKE SAID PERMIT PROVIDED THAT THE SAME SHALL BE DEEMED
NECESSARY FOR THE PROTECTION OF THE HEALTH, WELFARE AND MORALS OF THE
PUBLIC; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing oldihance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Starll ,
present and voting "Aye".
There being no further business to come before the Council, the meeting was adjourned.