HomeMy WebLinkAboutMinutes City Council - 06/23/1971MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
June 23, 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 Mr. Bob Glover, Minister at Arlington Heights Church
of Christ.
City Secretary T. Ray Kring called the roll of those in attendance.
The Minutes of the Regular Meeting of June 9, 1971, were approved as submitted to
the Council .
Mayor Sizemore announced that proclamations had been issued designating the week
of June 23 - 30, 1971 as NURSING HOME WEEK, and June 21 - 25, 1971 as COMPUTER
WEEK.
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Director of Public Works Jack McDaniel opened and read bids on the following projects:
a. Extension of Sanitary Sewer Trunk Lines from the presently under construction Flour
Bluff Sewage Treatment Plant to Padre Island Drive to Waldron Road and then to the existing
package plant at Laguna Business Center and along Matlock Street and Military Drive to the
new lift station at Jester Street: Maverick Construction Company; T. H. Lee; Couch Con-
struction Company; Heldenfels Brothers; Austin Engineering; Bella Construction Company;
Burtex Constructors; and W. T. Young.
The foregoing bids were tabled for 48 hours pursuant to the requirements of the City
Charter and referred to the City Manager for tabulation and recommendation.
b. Curb, sidewalk and street improvements to 136 blocks of 9.6 miles of streets in
the Hillcrest area (Area Neighborhood Improvement Program): P., S., and F. Construction
Company; Pat Canion Excavating Company; South Texas Construction Company; Burtex Con-
structors; B $. E Construction Company; Heldenfels Brothers; and Couch Construction Company.
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Minutes
Regular Council Meeting
June 23, 1971
Page 2
The foregoing bids were tabled pursuant to the requirements of the City Charter and
referred to the City Manager for tabulation and recommendation.
c. Storm Sewer Improvements to a portion of Cabaniss Acres Subdivision,improvements
to Housing Authority Site "A" at Trey Way 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 to Padre Island Drive: Maverick Construction Company; Chapman Construction Company;
Heldenfels Brothers; Couch Construction Company; King Construction Company; Asphalt Paving
& Construction Company; Burtex Constructors; and W. T. Young Construction Company.
The foregoing bids were tabled for 48 hours as required by the City Charter and referred
to the City Manager for tabulation and recommendation.
Mayor Sizemore announced the public hearing on the proposed Master Sanitary Sewer
Plan for that portion of Padre Island now under active development.
City Manager Townsend described the plan from a schematic drawing prepared by the
Engineers of the Padre Island Investment Corporation and recommended by the City Staff,
showing the major aspects of the Master Plan. He pointed out the location of the sewage
treatment plant and extension of sanitary sewers to all of the units in the areas owned by Padre
Island as well as the area enclosed by the Gulf of Mexico and the boundaries of the subdivision
known as Padre Island No. 1 and the Nueces County Park area. He explained the City's
responsibility for utilities and that the land is within the City's extraterritorial jurisdiction.
Mr. Townsend stated that the sewer system will be designed to standards then in effect, and
the plant would serve up to 5,000 persons in its initial stage. He explained that in compliance
with the Charter provision, the plan was submitted to the Planning Commission for review and
recommendation, and that the Plan comes to the Council with the Planning Commission's
approval subject to Padre Island investment Corporation furnishing sites for lift stations
throughout the development. He stated that it is stipulated that no lift stations be constructed
in City public street right-of-way, and that a commitment to this effect be made by the
developer where additional site off of the street right of way would be provided for this
purpose. He stated that Urban Engineering, Regional Planning, and all others involved in
this Master Plan had concurred in the recommendation for approval. He explained that the
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Minutes
Regular Council Meeting
June 23, 1971
Page p
plan is intended to serve future growth of this area; will be developed in stages as the
area develops, and will take care of the foreseeable growth and demand. He stated it
is a tertiary type of a plan and is consistent with planning over the past three years.
No one appeared to speak in opposition to the proposed Master Sanitary Sewer
Plan.
Motion by Lozano, seconded by Stark and passed, that the hearing be closed.
Motion by Lozano that the Master Sanitary Sewer Plan be approved as recommended
by the Planning Commission and as presented by the City Manager. The motion died, for
lack of a second
Motion by Bonniwell, seconded by Gonzales and passed, that the foregoing matter
be tabled for further study.
City Manager Townsend stated the motion which was approved by the Council during
the Regular Council Meeting of June 16, 1971, relative to the City's position regarding the
application of Central Power and Light Company for water discharges into Cayo del Oso for
the proposed Barney M. Davis Power Station, such action having been transmitted by letter
to the applicant and the Texas Water Quality Board. He stated that the action, which con-
curred in the recommendation of Public Health Engineer A. L. Cock, needs some clarification
as to the Council's intent. He stated that in order to clarify the action, the words "not
oppose" in the motion, should be changed to "recommends", and the wording of the third
paragraph of the conditions should be changed deleting the words "emergency" and "along
the south side of the cooling pond."
Public Health Engineer A. L. Cock was present and concurred in the recommendation
of the City Manager.
Motion by Stark, seconded by Bonniwell and passed, that the action of the Council
of June 16, 1971, regarding the application of Central Power and Light Company for water
discharges into Cayo del Oso for the proposed Barney M. Davis Power Station, be amended
to read "that the Texas Water Quality Board be advised that the City recommends approval
of the application of Central Power and Light Company for water discharges into Cayo del
Oso for the proposed Barney M. Davis Power Station, on the following conditions as recommended
by Public Health Engineer A. L. Cock, and hereby amended:
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Minutes
Regular Council Meeting
June 23, 1971
Page 4
1. That the spoil dredged from their intake channel injthe Laguna Madre be
placed on Pita Island and on the mainland thereby eliminating any destruction
of the nursery grounds that are on each side of the proposed channel and also
eliminating any possible changing or rerouting of:natural currents in the area.
2. The monitoring of wells in the adjacent area as well as their suggested use of
shallow well point systems for monitoring any chemical change adjacent to
the cooling poryd.
3. Looking into the possibility of discharge back into the Laguna Madre if this
procedure becomes necessary to avoid violations of the waste disposal permit
to be issued by the Texas Water Quality Board
and that the Texas Water Quality Board be notified of this amended action.
City Manager Townsend presented the following recommendations:
a. That the Commercial Apron Joint Sealing project at the Corpus Christi International
Airport be awarded to the low bidder, Townsco Contracting Company of Oklahoma City,
Oklahoma, for $5,039.50;
b. That a five-year irrigation contract between the City and O. J. Beck, Jr., for the
sale of irrigation water to be used on lands adjacent to Lake Corpus Christi near George West,
be authorized;
c. That plans and specifications for the construction of storm sewer improvements in
the Richter Area on Sokol, Sacky, Milo and Johanna Streets, including 9,308 feet of storm
sewer, be approved, and that bids be received on July 14, 1971;
d. That the General Fund be reimbursed $79, 148 for engineering services during
February, March and April, on 35 Bond projects, and that $31,215 be appropriated to be
used with existing balances for the reimbursement; major projects and the amount of the
reimbursement includes Molina Streets ($25,035), Alameda ($7,438), Hillcrest Streets
($6,707), Rolling Acres Sewers ($4,349), Airport runways ($5, 177), Ayers Street ($3,796),
Gollihar ($3,303), McBride Storm Sewer ($3,796), other streets ($8,561), other storm sewers
($5,694), Giber sanitary sewers ($2,202), Cole Park ($1,524), and other projects ($1,566);
e. That $900.00 be appropriated for appraisal services of Harold Carr in connection
with right-of-way acquisition for Staples -Baldwin Intersection improvements ($300) and
Clarkwood Ditch ($600); (The Staples apprai0a1 involved one parcel and Clarkwood Ditch,
3 parcels)
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Regular Council Meeting
June 23, 1971
Page 5
f. That the speed limit on southeast bound Ocean Drive be redu) ed from 45 mph
to 35 mph from a point 125 feet east of Country Club Drive centerline to a point 1315 feet
east of Country Club Drive centerline to reduce speed of motorists approaching the Alameda
Ocean Drive intersection; cars turning onto Alameda to continue at an existing posted
speed limit of 35 mph, and motorists continuing east on Ocean Drive to resume 45 mph
after passing the intersection;
g. That the date of July 21, 1971, at 3:30 p.m. be set for a public hearing on
the following zoning applications:
(1) Ward Foods Restaurants, Inc. - from "B-1" to "B-4", on west line of Everhart
Road, south of South Staples Street.
(2) Feudo Foodtown #2 - from "R -1B" to "B-1", on west side of Airline Road,
North of Gollihar Road.
The Planning Commission - from "R -1B" to "R-2", on the west side of Airline
Road, north of McArdle Road.
(4) Egyptian Corporation - from "R -1B" to "A-1", on the north side of Egyptian
Drive, east of the Oso Golf Course.
(3)
That the date of Monday, July 26, at 4:00 p.m. Special Meeting, be set for a public
hearing on the following zoning applications:
(1)
M. Harvey Weil - from "8-4" to "1-2", on the southwest side of Lexington
Boulevard, south of Leopard Street.
(2) Wm. S. Hopkins & Company, Trustee - from "AB" to "B-4", on the southwest
side of South Staples Street, south of Collingswood Drive.
(3)
Oscar Spitz & Marcus Lutr - from "R -1B" to "B-1", on the northwest comer of
Holly and Airline Roads.
(4) H. L. Edens - from "R -1B" to "1-2", on the northside of South Padre Island Drive,
west of Crosstown Freeway.
That the date of August 4, 1971, at 3:30 p.m. be set for a public hearing on the
following zoning applications:
(1) John Thomason - from "F -R" to "1-2", on the southeast comer of dH #37 .and
Suntide Road. .
(2) Fred A Webster - from "F -R" to "B-1", an the northeast corner of Waldron Road
and Caribbean Drive.
(3)
Mrs. Juanita Tingle - from "R -1B" to "AB", on the south side of Houston Street,
east of Kostoryz Road.
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Regular Council Meeting
June T3, 1971
Page 6
(4) Bishop Mobile Homes - from "1-3" to "1-2", east of Lexington Boulevard,
west of Lantana Street, south of Leopard Street.
h. That Parcel No. 30 for Bayfront Open Space Parksite No. 4, being Lots 5 and 6,
Block 4, Cole Place Addition, be acquired by condemnation from Mr. Fred Flato; (This is
one of the four parcels in the site at Doddridge, and HUD assistance is available for 50% if
acquired by August)
i. That $14,000 be appropriated in connection with the construction of the Laguna
Madre Water Line, including $11,200 for additional resident inspection and supervision,
$300 for transportation, $1,500 for laboratory testing and $1,000 for further related but
unanticipated expenditures; (The rate of construction by the contractors has often required
three rather than two inspectors and some overtime. Also, the Corps of Engineers required
a $900 underwater inspection which was not planned)
j. That a contract be awarded to Federal Copper & Aluminum Company, Minneapolis,
Minnesota, for $11,977.75 to, furnish Warehouse Inventory with 25,150 feet of various sizes
of Copper Tubing on the basis of low bid meeting specifications; (Bids were received from
fourteen firms, and the low bid reflects a 42% price increase from the last purchase; (Bid Tab. #18-71)
k. That Hurricane Celia Damage Repairs to West Guth Park Comfort Station No. 1
be accepted as complete; final payment of $4,393 be made to Mayfield Construction Com-
pany; the requested ten day time extension be granted, and no liquidated damages be
charged, the delay having been caused by non -arrival and breakage of materials;
1. (Considered separately)
m. That Hurricane Celia Damage Repairs to Memorial Coliseum be awarded with
the deletion of insulation but include glass doors, to the low bidder, Manson Industries,
in the amount of $42, 189.60; of this amount, the insurance will pay $26,021 .05, O.E.P.
will pay $8,471.35, and the City cost will be $7,677.20.
Motion by Branch, seconded by Bonniwell and passed, that the City Manager's
Reports, Items "a" through "m" (Item "1" considered separately'), be accepted, and that
the requests and recommendations be granted and approved as presented.
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Minutes
Regular Council Meeting
June 23, 1971
Page 7
ORDINANCE NO. 10310
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. 5. 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 HOUSINGTURPOSES 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, Boniiwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10311
AUTHORIZING THE CITY MANAGER TO EXECUTE A'CONTRACT WITH TOWNSCO
CONTRACTING COMPANY, INCORPORATED-fCrT11E"COMMERCIAL APRON JOINT
SEALING AT CORPUS ;CHRISTI INTERNATIONAL AIRPORT; APPROPRIATING AND
REAPPROPRIATING OUT OF NO. 117 AIRPORT F>TY, AL'rT1ViTY5411,CODE 345,
$5,039.50 FOR THE CONSTRUCTION CONTRACT; 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 23, 1171
Page 8
ORDINANCE NO. 10312
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR IRRIGATION
CONTRACT WITH O. J. BECK, JR. FOR THE SALE OF IRRIGATION WATER TO BE
USED ON THE LANDS FORMERLY OWNED BY KATHERINE M. PUGH, WHICH ARE
LOCATED ADJACENT TO LAKE CORPUS CHRISTI, NEAR GEORGE WEST, ALL AS I5
MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10313
APPROPRIATING $31,215 OF WHICH $25,019 IS FROM THE NO. 220 STREET BOND
FUND; $2,950 IS FROM THE NO. 295 STORM SEWER BOND FUND; $1,735 IS FROM
THE NO. 250 SANITARY SEWER BOND FUND; $1,211 IS FROM THE NO. 245 AIRPORT
BOND FUND; AND $300 IS FROM THE NO. 21;TRANSIT SYSTEM BOND FUND; TO
SUPPLEMENT $47,933 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR
ENGINEERING AND CONTINGENCIES APPLICABLE TO VARIOUS PROJECTS AS SHOWN
ON THE TABULATION PREPARED BY THE ACCCU NTING DIVISION, A COPY OF WHICH
15 ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF; AUTHORIZING
REIMBURSEMENT OF $79, 148 TO THE NO. 102 GENERAL FUND FOR ENGINEERING
SERVICES PROVIDED DURING THE PERIOD OF FEBRUARY 1, 1971, THROUGH APRIL 30,
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".
ORDINANCE NO. 10314
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT1 WITH MANSON
INDUSTRIES FOR HURRICANE CELIA DAMAGE REPAIRS TO MEMORIAL COLISEUM;
APPROPRIATING OUT OF NO. 102 GENERAL FUND, ACTIVITY 4298, CODE 502,
THE SUM OF $42,189.60 FOR THE AFORESAID CONTRACT; 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. 10315
VACATING THE UTILITY EASEMENT BETWEEN LOTS 30 AND 31, BLOCK E, JACKSON
WOODS SUBDIVISION, SUBJECT TO DEDICATION OF A REPLACEMENT 5 -FOOT EASE-
MENT BETWEEN LOTS 2p AND 30, BLOCK E, JACKSON WOODS SUBDIVISION; AND
DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
June 23, 1971
Page 9
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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. 10316
ABANDONING THE 15 -FOOT UTILITY EASEMENT CROSSING THE NORTHEAST PORTION
OF A 20.054 ACRE TRACT OF LAND IN AND ADJACENT TO GULFWAY AIRLINE PARK,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON DELIVERY TO
CITY OF SUBSTITUTE EASEMENTS ACCORDING TO REPLAT OF THE AFORESAID TRACT
OR PARCEL OF LAND; 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. 10317
APPROPRIATING $900 FOR APPRAISAL SERVICES BY HAROLD CARR IN CONNECTION
WITH THE ACQUISITION OF RIGHT-OF-WAY, OF WHICH $300 IS OUT OF NO. 220
STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-67-94, STAPLES-BALDWIN
INTERSECTION IMPROVEMENTS, PARCEL NO. 1, AND $600 IS OUT OF THE NO, 29.'
STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 245-67-46, CLARKWOOi.<
DITCH, HIGHWAY 44 TO 050 CREEK, PARCELS NO. 16-1, 16-2, AND 20; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance woe -passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10318.
APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND, $14,000 FOR
CONTINGENCY AND INCIDENTAL COSTS IN CONNECTION WITH CONSTRUCTION
OF THE LAGUNA MADRE WATER LINE, PROJECT NO. 202-68-29.3 (PART B); SUPPLE,
MENTING FUNDS PREVIOUSLY APPROPRIAT ED BY ORDINANCE NO. 9871; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: '$izemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
FIRST READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS
CHRISTI CITY CODE, 1958, AS AMENDED, BY DELETING THEREFROM THE REFERENCE
TO OCEAN DRIVE, FROM THE NORTH GATE OF CORPUS CHRISTI NAVAL AIR STATION
TO A POINT 400 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET, AND IN
LIEU THEREOF ADDING PROVISION FOR OCEAN DRIVE, NORTH AND WEST BOUND
TRAFFIC, AND OCEAN DRIVE, SOUTH AND EAST BOUND TRAFFIC, AT THE SPEED
LIMITS SHOWN HEREINAFTER; PROVIDING FOR PUBLICATION.
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Regular Council Meeting
June 23, 1971
Page 10
The foregoing ordinance was read for the first time and passed to the second
reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales,
Lozano and Stark, present and voting "Aye".
City Manager Townsend discussed item "I" and stated his recommendation that a
contract with Urban Engineering be authorized for Professional services related to the
construction of sewer facilities on Padre Island, Corpus Christi,ljncluding a sewage
treatment plant, interceptor lines, force mains, and lift stations, and that the contribution
by Padre Island Investment Corporation be appropriated to provide a fee based on a
maximum cost of $175,000, based on 6-1/4% of $2,800,000. He stated he had been
advised by Urban Engineering that Padre Island Investment Corporation will provide an
appropriate letter of credit of $175,000 in support of such contract, and that this provision
is to be incorporated in the recommendation.
Motion by Bonniwell, seconded by Stark and passed, and that the foregoing
recommendation be approved as presented.
City Manager Townsend read the resolution appearing on the agenda for second
reading declaring the intent of the City Council to cooperbtelwith the Oso Development
Company in the development of the Cayo del Oso.
Mayor Sizemore invited comments from those in the audience with reference to
the foregoing resolution.
Mrs. Patricia Suter, 1002 Chamberlain, president of the Corpus Christi Outdoor
Club, presented a formal statement from this organization in opposition to the granting of
the proposed contract to the Oso Development Company, basically for the reasons that it
will destroy beyond repair, the estuary as a nursery ground; use of public funds to assist a
private group in such development; and that the $750000 should be spent in alleviating the
odor problems and developing the Osointo a nature area to be enjoyed by all citizens.
(Council Exhibit 06-71)
Mr. Johnny W. Cotten, 8206 Seashore, appeared speaking fol• the Corpus Christi
Professional League, and stated they support the upgrading and cleaning up of the Oso but
proposed a people's project. He objected to the proposed contract with Oso Development
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Regular Council Meeting
June 23, 1971
Page 11
Company stating that research had concluded that estuaries are rapidly being surrendered
to commercial uses, and that this trend toward conversion of our Coastal areas should be
halted if marine life breeding areas are to be preserved. He stated that the Oso is more
than a tidal flat and could be developed into a fine water recreation area.
Dr. Hans Suter, 1002 Chamberlain, opposed the granting of the proposed contract
stating that the estuaries should be preserved and that future generations would hold us
responsible for its destruction.
Mr. Phil Dering, 3333 Casa de Amigos, spoke in opposition stating that the City
Council should "face up to our ecology problems and act constructively." He alleged
that at least some of the odor from the Oso is coming from the effluent from the City's
sewer plant and not from algae.
Mayor Sizemore pointed out the City's efforts toward preserving the ecology of
the area through appointment of committees and enforcement of State regulations relative
to waste dis4harges, air pollution, etc.
Mrs. Kay McCracken, 11544 UpRiver Road, spoke in opposition, stating she was
speaking as an individual and a taxpayer, and that she was very concerned about the
ecological damage the proposed development would do to the Oso. She stated that she,
as a developer, had broadened the City tax base with a fifty thousand dollar improvement
on UpRiver Road some eight years ago, and that the City did not contribute anything, but
instead she had donated a strip of land 600 feet long and ten Feet wide without any
reimbursement whatever. She stated she did not see how this Council could justify
"robbing individual taxpayers and at the same time spend this large sume of money promoting
those who do not pay taxes."
Mr. Gene W. Blacklock, 3458 Southland, coordinator of the State Fish -Eating
Bird Survey, described the Oso as a fertile, productive area and the only nesting area in
this region for the white pelican. He read and presented a written statement in support
of his opposition. (Exhibit 07-71)
Others appearing and speaking in opposition to the proposed resolution were: Mrs. Jim
Alice Scott, 553 Handover; Miss Kay Hustus of Y.W.C.A.;and Mr. Harley Moody, 326 Clare-
more, local highschool teacher.
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Minutes
Regular Council Meeting
June 23, 1971
Page 12
Mrs. Scott questioned whether or not public rights of way would be provided
within the development; whether or not the City had made an investigation relative to
moratorium for development; estimated cost of sewage disposal; involvment of City
Staff time; whether or not the Oso Development Company is represented by legal counsel;
if the proposal encompasses acquisition of private property; and the City's making a
commitment without full knowledge. Mrs. Scott stated that OPUS, of which she is
president, will be present and present further comments before the final reading of
the resolution.
Attorney Wm. Shireman pointed out that the Navy had expressed concern of the
continued buildup of residential homes near the flight patterns of the Navy, and that
this could affect the Navy's remaining in the Corpus Christi area. He questioned whether
or not the Navy had been advised of this proposed development.
City Manager Townsend stated that the Oso Development Company had been
made fully sware of the Navy in Corpus Christi, flight patterns had been pointed out,
and that it is not anticipated that developments will occur within or near the flight
patterns.
Mayor Sizemore asked City Secretary Kring to poll the Council for vote on
the resolution appearing on the agenda for second reading identified as Ordinance "b".
SECOND RE CDING OF A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL
OF CORPUS CHRISTI TO COOPERATE WITH THE OSO DEVELOPMENT COMPANY IN THE
DEVELOPMENT OF THE CAYO DEL OSO.
The foregoing resolution was read for the second time and passed to the third reading
by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gdnzales, Lozano and
Stark, present and voting "Aye".
City Manager Townsend explained that there are two proposed amendments to the
ordinance authorizing a contract with Padre Island Investment Corporation for construction
of a sewage treatment plant and collection system on Padre Island which have not been
discussed with Padre Island Inveftment Corporation, and that he would recommend that the
finalreadingof the ordinance be deferred until these amendments here been discussed.
It was concluded that this be done between the second and third reading.
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Minutes
Regular Council Meeting
June 23, 1971
Page 13
SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORA-
TION CONCERNING CONSTRUCTION OF A SEWAGE TREATMENT PLAN1[ AND SEWAGE
COL4ECTION SYSTEM, TO BE LOCATED ON PADRE ISLAND, ALL AS MORE FULLY SET
FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT
"A", AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to the third reading
by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
ORDINANCE NO. 10319
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING
FOR PROFESSIONAL SERVICES IN CONNECTION WITH CONSTRUCTION OF SEWER FACILITIES
IN PADRE ISLAND -CORPUS CHRISTI PROJECT, SAID FACILITIES TO INCLUDE A SEWAGE
TREATMENT PLANT, INTERCEPTOR LINES, FORCE MAINS, AND LIFT STATIONS; APPRO-
PRIATING $175,000 OUT OF NO. 102 GENERAL FUND FOR THE AFORESAID PROFESSIONAL
SERVICES; 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 Starr, present and
voting "Aye".
City Manager Townsend presented for the Council's consideration the following recom-
mendations supplemental to the City Manager's Reports:
That the Public Works and Engineering activities be reorganized to enable the Director
of Public Works to concentrate his efforts on the immediate problems facing Public Works in
areas other than engineering and to bring new emphasis to expanded engineering responsibilities,
and to implement this action, the following steps are recommended:
a. The position of Director of Engineering Services be established at salary grade 42.
b. The Engineering and ROW activities from Public Works and the design group from
Park Construction be transferred to the new Engineering Services Department and
Engineering Services be assigned all platting coordination and approval requirements
of Public Works.
c. The positions of First Assistant Director of Public Works (grade 39) and Second
Assistant Director of Public Works (grade 36) be combined into Assistant Director
of Public Works (grade 36).
d. Mr. James Lontos, now First Assistant Director of Public Works, be confirmed as
Director of Engineering Services.
Motion by Bonniwell, seconded by Bosquez and passed, that the foregoing recommendation
be approved as presented.
•
Minutes
Regular Council Meeting
June 23, 1971
Page 14
Mayor Sizemore: asked if there were those in the audience who wished to speak
on matters not scheduled on the agenda. No one appeared.
Following a brief recess, Mayor Sizemore called the meeting to order and announced
the Council would hold the scheduled public hearings on four zoning applications. He asked
that it be noted that all members of the Council and the required Charter Officers were present.
He explained the new procedure to be followed whereby each member of the Council, prior
to the meeting, is furnished with copies of the complete histories and minutes of the Planning
Commission hearings, recommendations, and Staff's comments; that the Council will make their
determinations based on these findings and concur in these recommendations unless substantial
evidence is presented which they feel would warrant overruling these findings. He stated
those in the audience desiring to submit evidence which they feel would justify their opposition
to the Planning Commission's recommendation, would be heard.
Mayor Sizemore announced Application #471-2, Santa Fe Townhouses, Inc., for
change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling
District on Lots 1 through 9, Lots 56 through 64, and Lots 24 through 42, Block 415,Port
Aransas Cliffs (known as Santa Fe Townhouse), located in the 3500 Block of Santa Fe Street.
He stated it was the recommendation of the Planning Commission that the request be denied,
but in lieu thereof a Special Permit be granted for townhouses according to an approved plot
plan. The Staff concurred in the recommendation.
City Manager Townsend stated that the case was heard by the Planning Commission on
April 13, 1971, and opposition registered had placed the foregoing application under the 20
percent rule.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Bonniwell, seconded by Stark and passed, that the recommendation of the
Planning Commission be concurred in and that Application #473-2, Santa Fe Townhouses, Inc.,
for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling
District on Lots 1 through 9, Lots 56 through 64, and Lots 24 through 42, Block 415, Port
Aransas Cliffs (known as Santa Fe Townhouses), be denied, but in lieu thereof a Special Permit
be granted for townhouses according to the approved plot plan, and that an ordi nonce be
brought forward effectuating the special permit.
•
Minutes
Regular Council Meeting
June 23, 1971
Page 15
Mayor Sizemore presented Application #571-1, Richard E. Garza, for change of
zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on
Lot 10C, Block 2, Browning Acres, located in the 2900 Block of Horne Road. He stated the
request was heard by the Planning Commission May 11, 1971, and forwarded to the Council
with the recommendation that it be denied; that the Staff concurred in this recommendation
on the basis that the property is located in the center of a residential area and any business
uses would tend to break down the residential character of this neighborhood; would tend to
create additional ttiaffia congestion on Horne Road.
Amador Garcia, attorney representing the applicant, stated that the Planning
Commission heard their request for "AB" zoning, and as an alternate request a Special Permit
for a beauty shop, but stated that they had not reviewed the site plan for the special permit.
He presented the site plan to the Council stating that they propose to have fifteen chairs,
including dryers and shampoo tables; that the building is proposed to be at the rear of Lot 10C
with appropriate screening fence, drainage and landscaping; that there will be no objectionable
signs; that the development represents an investment of some $20,000, and the architectural
design will blend with the residential character of the neighborhood. He pointed out that
there was no opposition at the hearing and no opposition received in response to the notices
mailed out by the Staff . He stated they are requesting reconsideration of the request for the
Special Permit according to the site plan submitted.
City Manager Townsend explained that the site plan presented shows two lots which
includes the adjacent lot proposed for parking. He pointed out that this request for a parking
lot would have to go before the Board of Adjustment. He explained that the Council's concern
for action on the request is only on the corner lot; that if it is resubmitted to the Planning
Commission on two lots, it would be a new application; that the Commission could not reopen
the hearing, but that the Council could seek advice from the Commission.
Mr. Garcii3 proposed to resubmit the site plan excluding the second lot, stating that
the parking was considered at the Commission hearing but that the Planning Commission's
recommendation was based on one lot. He stated, as an alternative request, that they reduce
the size of the building and the number of chairs, and requested that the Council disregard
the site plan presented.
• •
Minutes
Regular Council Meeting
June 23, 1971
Page 16
Two persons appeared and spoke in opposition to the foregoing request: Mr. David L.
Covarrubias, 2918 Horne Road, and Mrs. Cynthia Gutierrez, 2918 Horne Road. Mrs. Gutierrez
pointed out that there was another beauty shop in operation located on Lot 30 across from the
subject property on Townsend Street.
Mr. Garcia requested that the Council act on the corner lot now and that they would
make a new application to the Planning Commission for rezoning on the adjacent lot to be used
for parking.
Motion by Gonzales, seconded by Stark and passed, that the hearing be closed.
Motion by Gonzales that the recommendation of the Planning Commission be overruled
and that Application #571-1, Richard E. Garza, be granted as applied for. The motion died
for lack of a second.
Motion by Bonniwell, seconded by Branch and passed, Stark and Bosquez voting "Aye",
that the recommendation of the Planning Commission be concurred in and that Application
#571-1, Richard E. Garza, for change of zoning from "R -1B" One -family Dwelling District
to "AB" Professional Office District, on Lot 10C, Block 2, Browning Acres, be denied.
Mayor Sizemore presented Application #571-3, H. L. Fields, for change of zoning
from ".R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 42,
Block 2, Washington Addition, located in the 900 Block of National Drive. He explained that
the case was heard by the Planning Commission May 11, 1971, and forwarded to the Council
with the recommendation that it be denied, and that the Staff concurred in this recommendation.
Senior City Planner Larry Wenger pointed out the location and land uses -in.the area
stating that the majority of this area is developed with single-family dwellings.
Mr. H. L. Fields, applicant, spoke on behalf of the request stating that he owned the
subject property and desired to sell it to be used for the expansion of the adjacent church
which was damaged by Hurricane Celia if it could be rezoned for Neighborhood Business use.
He pointed out the need for a church in that area. He stated that the application before the
Planning Commission was for a small business establishment.
City Manager Townsend explained to Mr. Fields that he would not need a change of
zoning for the establishment or expansion of a church, and suggested that he withdraw the request.
•
Minutes
Regular Council Meeting
June 23, 1971
Page 17
Planning Director William Anderson explained that after Mr. Fields filed the
application, the Planning Staff had made numerous attempts to contact him without success.
Mr. Wm. Shireman, attorney, spoke in opposition to the request and briefed the
Council on zoning laws, stating that if a comprehensive plan had been adopted as has
been for the Hillcrest area, then substantial evidence must be presented to show that the
general welfare, health and safety of the community will be promoted and not just for the
special benefit of one person; and that any action taken to amend that plan would be
arbitrary and capricious.
Motion by Lozano, seconded by Branch and passed, that in view of the apparent
lack of understanding on the part of the applicant, a special exception be made in this
case and that Application #571-3, H. L. Fields, for change of zoning on Lot 42,. Block 2,
Washington Addition, be considered withdrawn and that one-half of the filing fee be
-returned to the applicant.
Mayor Sizemore presented Application #571-4, Audora G. Gutierrez, for change
of zoning from "R-1" Apartment House District to "AB" Professional Office District, on all
of Lots 1 and 2, Block 24, Nueces Bay Heights Addition. He stated,the case was heard by
the Planning Commission May 11, 1971, and forwarded to the Council with the recommendation
that it be approved as requested, and that the Staff's opinion was that the request be denied.
Larry Wenger located the property on the map, described the land uses in the area
and explained that a field check of this property showed that it appeared unlikely that the
operation could be located on this site since it is completely developed at this time and there
would be no room for off-street parking or other necessary facilities. He stated that the
property is also located within the Code Enforcement Program for Hillcrest area which improve-
ments are presently under way.
Mr. Wm. Shireman, Director of the Legal Aid Office, stated he was opposed to this
application,and the recommendation of the Planning Commission that it be approved, on the
same basis as previously stated that substantial evidence hod not been presented to show that
the general welfare, health and safety of the community will be promoted. He pointed out that
the area is being improved through Code Enforcement and Neighborhood Improvement Programs,
and any action on the part of the Council to change these plans would be arbitrary and capricious.
Minutes
Regular Council Meeting
June 23, 1971
Page 18
Mr. J. Preston Pullen, 1421 Stillman, Chairman of the Hillcrest Neighbbrhood
Association, spoke in opposition, stating that he concurred in the statements of Mr. Shireman,
and that these views are shared by all residents in the Hillcrest Area. In answer to a question
as to why the Hillcrest Association was not represented at theiCommission hearing, Mr. Pullam
stated they probably did not know aboutit.
City Manager Townsend explained that all members of the Hillcrest area were not within
the 200' notification area. He further pointed out that the 20 percent rule is not in effect
because the subject property is platted to face Koepke, even though the address is shown on
Nueces Bay Boulevard.
Mrs. Audora Gutierrez, stated that she requested the change of zoning so that she
would be able to locate her beauty shop hear her home and her husband who is a disabled veteran.
She explained that the proposed beauty shop would house two working and four drying chairs,
and that the new building would face on Nueces Bay Boulevard. She stated that the develop-
ment would be two separate buildings. Mrs. Gutierrez further pointed out that there are two
other beauty shops in the immediate area.
City Manager Townsend stated that two separate buildings would not be allowed on one
lot notwithstanding the Planning Commission's recommendation that "AB" zoning be approved.
He further explained that there are numerous illegal and nonconforming uses in Hillcrest which
were not detected at the time of the ground study but that it hos been the goal to eliminate these
as far as possible. He advised Mrs. Gutierrez to communicate with the Inspection Department
of the City for advice regarding the buildings. He stated that it was apparently not pointed
out to the Planning Commission that the requested "AB" zoning would be in conflict with the
Code Enforcement Program, but that the Staff's comments were that the change would tend to
destroy the efforts and goals of this program.
Planning Director Wm. Anderson stated that the Planning Commission was aware of
the Code Enforcement Program, but it was their opinion that the "AB" zoning would serve as
a buffer between the industrial i area and the single' -family dwelling distrct, and that he agreed
with this theory.
s
Minutes
Regular Council Meeting
June 23, 1971
Page 19
'Motion by Stark, seconded by Bonniwell and passed, that the hearing be closed.
Motion by Bonniwell, seconded by Branch and passed, with Stark and Bosquez
voting "Aye", that the recommendation of the Planning Commission be overruled and that
Application #571-4, Audora G. Gutierrez, for change of zoning from "A-1" Apartment
House District to "AB" Professional Office District, on all of Lots 1 and 2, Block 24,
Nueces Bay Heights Addition, be denied.
There being no further business to come before the Council, the meeting was adjourned.