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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. • • Minutes 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. • Minutes 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. • • Minutes 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; • Minutes 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; • Minutes 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. • Minutes 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 • • Minutes 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; • • Minutes 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 • Minutes 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 • Minutes 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". • • Minutes 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". • • Minutes 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". • • 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". • • 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. • 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 . • 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 • 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.