HomeMy WebLinkAboutMinutes City Council - 07/21/1971MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
July 21, 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
J. Howard Stark
City Manager R. Marvin Townsend
Assistant City Attorney Bob Coffin
City Secretary T. Ray Kring
Mayor Ronnie Sizemore called the meeting to order.
The Invocation was given by the Reverend Harold Branch.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Branch, seconded by Bonniwell and passed, that the absence of
Commissioner Lozano be excused for just cause.
The Minutes of the Regular Council Meeting of July 14, 1971, were approved
as submitted to the Council.
Mayor Sizemore recognized the presence of 33 Girl Scouts, representative
of Corpus Christi Troops Nos. 275, 74, 66, 382 and 40, who were attending the
Council Meeting in connection with a four-day workshop on Community Citizenship.
They were accompanied by their sponsor, Mrs. M. G. Thompson.
City Manager Townsend presented for the Council's approval the following
recommendations:
a. That the 1971-72 supply contract for janitorial paper supply items be
awarded to the low bidder meeting specifications, Century Papers, Inc., Corpus
Christi, for $55,324.50, bids having been received from two firms, and the price
reflecting a 2.4% increase from 1970-71; (Bid Tabulation #32-71)
b. That the 1970-72 supply contract for standard stock forms be awarded
to the low bidder, Allied/Egry Business Systems, Houston, Texas, for $3,882.39,
bids having been received from six firms; requirements of Corpus Christi Indepen-
dent School District being included in the bid for separate award by the District,
and the price indicating an 8.8% increase from last year. (Bid Tabulation #33-71)
c. That a 5 -foot utility easement across the northwest boundary of Annex A,
Kostoryz & Gollihar Center, located parallel to and 100 feet to the east of Kostoryz
and perpendicular to Gollihar, be abandoned at the request of the owner, Mr. J. E.
Smothers; (There are no utilities in the easement which is designed to serve only
this particular lot)
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Regular Council Meeting
July 21, 1971
Page 2
d. That the contract for construction of drainage improvements in the
Richter Area be awarded to T. H. Lee Contractors for $135,372.62, the project
including storm sewers in Milo, Johanna, Sacky and Sokol Streets; an appropriation
of $143,000 is requested to cover the award plus related costs and engineering;
(The apparent low bid of Chapman Construction Company contained extension errors,
which when corrected, made the bid second)
e. That permanent repairs to the 27" sanitary sewer line which washed out
during Hurricane Celia in Turkey Creek, be carried out by Change Order to the Rolling
Acres Sanitary Sewer contract of Heldenfels Brothers for $7,900, with at least $2,300
of the cost being eligible for reimbursement from the Office of Emergency Preparedness;
f. That an ordinance be authorized clarifying the authority of the Assistant
City Manager to act and serve as City Manager in the absence or disability of the
City Manager;
g. That a 50 -year lease be approved with Southwestern Bell Telephone Com-
pany for a 30' x 30' area at International Airport, located along a clear zone, to
relocate a repeater station that connects Corpus Christi with the San Antonio area,
the lease having been approved by FAA and containing a cancellation clause if the
land is needed for aeronautical purposes; the City to receive the $500 payment in
advance; the relocation being necessary because the construction of Highway 44 will
take the existing facility and can only be moved a short distance from the present
location;
h. That Parcel No. 5, being 12' x 65' located along Staples Street, for the
Staples -Baldwin Interchange Improvements,owned by Mr. and Mrs. Walter E. Nobles and
described as a portion of Lot 2, Block 1, Arcadia, be acquired by eminent domain
proceedings, the parcel being the last parcel required for the project; (The City has
offered a new driveway along the edge of the park at City expense or acquisition
for $460)
i. That the appraised values of Parcels 25 through 39 and Parcels 3 and 5 of
the South Staples Street project, needed for the improvement of Staples from Padre
Island Drive to Saratoga, be approved, and that $40,000 be appropriated out of No.
220-70-107 project to cover acquisition and closing costs; (The State has been
asked to carry out this project with the City paying for the right-of-way, drainage
and curb and gutter; have been appraised by John Erickson or Paul Koepke, and if
approved, this authority will allow acquisition at the listed appraised values
without further City Council action)
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Regular Council Meeting
July 21, 1971
Page 3
J. That all horses in the City of Corpus Christi and within 5,000 feet thereof
be required to be vaccinated against Venezuelan Equine Encephalomyelitis as recommended
by the City -County Director of Health and Welfare, Dr. W. R. Metzger;
k. That a contract with the State Highway Department be authorized for the
installation of permanent traffic signals at the intersection of Brownlee Boulevard
(S.H. 286 Access) and Leopard Street (Loop 407), such installation to be at State
expense and maintained by the City; 'Completion time is estimated to be April 1972;
the improved signal will be fixed time and will interconnect with the Uptown signal
system; and all Central Power & Light service will be underground in this area when the
work is completed)
1. That the City accept the bid of Corpus Christi Bank & Trust Company to
serve as City Depository through May 4, 1973, on the basis of this being the best bid
by a significant margin of the three bids received; (Bid Tabulation #34-71)
m. That the bid award to Manson Industries on June 23, 1971, be terminated,
the $1,500 cashier's check submitted as bid security be deposited as damages for the
failure of Manson Industries to, within ten days, execute a contract; and the contract
for Coliseum repairs be awarded to the second low bidder, Roofcraft, Incorporated, for
$49,743.50; (The original low bid was $42,189.60)
n. That a public hearing on the appeal of Kelly Bell, Oil and Gas Producer,
from the denial of a permit by the Petroleum Superintendent to drill in Drilling
Block 689 between Leopard, Port, Antelope and Leary Avenue, be heard at 2 p.m., July
28, 1971, in accordance with Sections 5, Pargraph 5.7 of the Land Drilling Ordinance;
o. That the plans for improvements of Josephine Street from Winnebago to
Lake, and McDonald Street from Matlock south, be approved and that they be included
with Gollihar Road from Caddo to Kostoryz, and the opening of bids for Gollihar and
minor intersections be deferred until August 11, 1971.
Motion by Bonniwell, seconded by Branch and passed, that the City Manager's
Reports, Items "a" through "o" be accepted, and that the requests and recommendations
be granted and approved as presented.
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Regular Council Meeting
July 21, 1971
Page 4
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
A LEASE AGREEMENT WITH SOUTHWESTERN BELL TELEPHONE COMPANY, A CORPORA-
TION, FOR THE MAINTENANCE OF A TELEPHONE RELAY STATION AT THE CORPUS
CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY DESCRIBED IN THE LEASE
AGREEMENT MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the first time and passed to the second reading
by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, and Stork,
present and voting "Aye"; Lozano was absent.
SECOND READING OF AN ORDINANCE GRANTING BLUEBONNET TRANSPORTATION
COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING
TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS
PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT
DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING
THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE
END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PRO-
VIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL
BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30)
DAYS.
The foregoing ordinance was read for the second time and passed to the third reading
by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark,
present and voting "Aye"; Lozano was absent.
ORDINANCE NO. 10357
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 and Stark, present and
voting "Aye"; Lozano was absent.
ORDINANCE NO. 10358
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON
THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565,
ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO
TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON
APPLICATION OF E. C. PETERSON, TRUSTEE, BY AMENDING THE ZONING MAP BY
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Regular Council Meeting
July 21, 1971
Page 5
CHANGING THE ZONING ON A 3.616 -ACRE TRACT OF LAND OUT OF LOT 14, SECTION H,
BLOCK 9, PAISLEY SUBDIVISION OUT OF THE HOFFMAN TRACT SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING
DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye";
Lozano was absent.
ORDINANCE NO. 10359
APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $8695, OF
WHICH $8,440 IS FOR ACQUISITION OF PARCEL NOS. 2 AND 3 AND $255 IS FOR INCI-
DENTAL EXPENSES AND RELATED COSTS` APPLICABLE TO PROJECT NO. 295-67-46,
CLARKWOOD DITCH HIGHWAY 044 TO OSO CREEK; AUTHORIZING THE CITY MANAGER
TO EXECUTE REAL ESTATE SALES CONTRACTS WITH THE OWNERS, BENNETT C. OCKER,
ET AL; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye";
Lozano was absent.
ORDINANCE NO. 10360
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS
BROTHERS FOR CONSTRUCTION OF STREET AND STORM SEWER IMPROVEMENTS FOR
SACKY AND WEAVER STREETS, CABANISS ACRES SUBDIVISION, AND CORPUS CHRISTI
HOUSING AUTHORITY SITES "A" AND "B"; APPROPRIATING $172,886.96 OUT OF
NO.295 STORM SEWER BOND FUND AND $33,113.04 OUT OF 140. 220 STREET BOND
FUND, FOR A TOTAL OF $206,000, FOR THE CONSTRUCTION CONTRACT AND FOR
CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY.
The Charter Rule wasisuspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye";
Lozano was absent.
ORDINANCE NO. 10361
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY THE REPEAL OF
CHAPTER 2, ARTICLE III, OFFICE OF ADMINISTRATIVE MANAGEMENT, SECTIONS 2-21
THROUGH 2-28, AND THE ENACTMENT OF A NEW CHAPTER 2, ARTICLE III, CITY.
MANAGER SUCCESSION; DESIGNATING THE ASSISTANT CITY MANAGER, CITY OF
CORPUS CHRISTI, TO ACT AS CITY MANAGER IN CASES OF ABSENCE, DISABILITY, OR
DEATH OF THE CITY MANAGER; PROVIDING SEVERABILITY; AND DECLARING AN
EMERGENCY.
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Regular Council Meeting
July 21, 1971
Page 6
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
rnd voting "Aye"; Lozano was absent.
ORDINANCE NO. 10362
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY 11 -IE CITY OF CORPUS CHRISTI
TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND. LOCATED IN
NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD
TITLE OWNERS AND CITING LIENHOLDERS OF RECORD; SAID CONDEMNATION BEING
N;:CESSARY FOR THE ACQUISITION OF PARCEL NO. 5, BEING A PORTION OF LOT 2,
BLOCK 1, ARCADIA SUBDIVISION, FOR STREET RIG -IT OF WAY, UTILITY AND OTHER
MUNICIPAL PURPOSES, PROJECT NO. 220-67-94, STAPLES-BLADWIN INTERSECTION
IMPROVEMENT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS AGAINST THE OWNERS, WALTER E. NOBLES AND WIFE, W. VERNE
NOBLES, TO CARRY OUT THE INTENTIONS OP THIS ORDINANCE; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
and voting "Aye Lozano was absent.
ORDINANCE NO. 10363
FINDING AN EMERGENCY EXISTS WITH REGARD TO VENZUELAN EQUINE ENCEPHALO-
MYELITIS; AND FINDING VACCINATIONS REQUIRED IN CERTAIN EQUINES; FINDING A
DANGER TO HUMANS; DECLARING UNVACCINATED EQUINES IN THE CITY LIMITS AND
WITHIN 5,000 FEET OF THE CITY LIMITS A NUISANCE; REQUIRING THE VACCINATION
OF CERTAIN EQUINES; REQUIRING A VACCINATION CERTIFICATE; PROVIDING FOR
PUBLICATION OF THIS ORDINANCE; PROVIDING A PENALTY; PROVIDING A SEVERA-
BILITY CLAUSE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
and voting "Aye"; Lozano was absent.
ORDINANCE NO. 10364
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH T. H. LEE,
CONTRACTOR FOR THE CONSTRUCTION OF RICHTER AREA DRAINAGE IMPROVE-
MENTS, PROJECT NO. 295-70-73; APPROPRIATING OUT OF THE NO. 295 STORM
SEWER BOND FUND $143,000.00 OF WHICH $135,372.62 IS FOR THE CONSTRUCTION
CONTRACT AND $7,627.38 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 and Stark, present
and voting "Aye"; Lozano was absent.
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Regular Council Meeting
July 21, 1971
Page 7
ORDINANCE NO. 10365
ABANDONING AN EASEMENT LOCATED ON THE NORTHWEST SIDE OF KOSTORYZ
AND GOLLIHAR CENTER ANNEX "A", IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
and voting "Aye"; Lozano was absent.
ORDINANCE NO. 10366
AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY FOR
THE ACQUISITION OF PARCELS 3 AND 5, AND PARCELS 25 THROUGH 39, SOUTH
STAPLES STREET PROJECT; APPROPRIATING FROM 220 STREET BO1'D FUND $40,000 FOR
SAID PURCHASES, APPLICABLE TO PROJECT 220-70-107; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
and voting "Aye"; Lozano was absent.
ORDINANCE NO. 10367
AUTHORIZING THE CITY MANAGER TO CONVEY TO EDJBERTOESCAMILLA AND WIFE,
TERESA MOLINA ESCAMILLA, THE EAST ONE-HALF OF LOT 25, BLOCK 8, AIRPORT
PARK SUBDIVISION AND TO RODRIGO DE LUNA AND WIFE, FRANCES DE LUNA, THE
WEST ONE-HALF OF LOT 25, BLOCK 8, AIRPORT PARK SUBDIVISION, UPON TI -t PAY-
MENT OF $600 CASH CONSIDERATION FOR EACH PARCEL, A COPY OF SAID CONVEY-
ANCES BEING 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 and Stark, present
and voting "Aye"; Lozano was absent.
ORDINANCE NO. 10368
AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JULY 8,
1971, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE
CONTINUED EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY
TRAFFIC SIGNAL AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND
MADE A PART HEREOF, IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE
EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
and voting "Aye"; Lozano was absent.
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Regular Council Meeting
July 21, 1971
Page 8
ORDINANCE NO. 10369
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE
CONTRACT WITH HELDENFELS BEOTHERS FOR SANITARY SEWER IMPROVEMENTS FOR
ROLLING ACRES, UNITS 1 AND 2, AND NAVIGATION INDUSTRIAL PARK FOR -THE
REPAIR OF A 27" SANITARY SEWER LINE WASHED OUT BY HURRICANE CELIA,
IDENTIFIED AS PROJECT NO. 109-5398-107; APPROPRIATING $7,900 OUT OF NO. 109
SEWER FUND, ACTIVITY 5398, CODE 502, APPLICABLE TO SUBJECT CHANGE ORDER
AND SUPPLEMENTING FUNDS PREVIOUSLY APPROPRIATED FOR THE HELDENFELS
BROTHERS CONTRACT BY ORDINANCE NO. 10131; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
and voting "Aye"; Lozano was absent.
ORDINANCE NO. 10370
DECLARING THE ABANDONMENT OF BID PROPOSAL OF MANSON INDUSTRIES FOR
HURRICANE CELIA DAMAGE REPAIRS TO MEMORIAL COLISEUM FOR FAILURE TO
EXECUTE THE CONTRACT AND FURNISH THE REQUIRED BONDS; ANNULLING THE
AWARD OF SAID CONTRACT AS AUTHORIZED BY ORDINANCE NO. 10314, AND
DECLARING FORFEITURE BY MANSON INDUSTRIES OF BID SECURITY IN THE AMOUNT
OF $1,500, ALL AS SPECIFIED IN SECTION B-2-8, AS AMENDED, AND SECTION 13-3-6
OF THE SPECIFICATIONS APPROVED BY ACTION OF THE CORPUS CHRISTI CITY COUNCIL
OF MAY 5, 1971; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT IN
THE AMOUNT OF $49,743.50 IN FAVOR OF THE SECOND LOW BIDDER, ROOFCRAFT,
INCORPORATED, FOR SAID REPAIRS; APPROPRIATING $7,553.90 OUT OF NO. 102
GENERAL FUND, ACTIVITY 4298, CODE 502, TO SUPPLEMENT FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10314; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Stark, present
and voting "Aye"; Lozano was absent.
Mayor Sizemore called for petitions on matters not scheduled on the agenda.
Mr. Paul Montemayor, 4633 Vestal, Civil Rights representative and United Steel
Workers Union, appeared and stated that local prices of building materials in Corpus Christi
are out of line and are making it difficult for low income people to reconstruct their homes.
He presented a sketch of a home which he stated was built for his brother-in-law at 361
Shawnee Street by a local contractor underanSBA loan for a total of $8, 129 which was a
saving of some $2200 on materials which were purchased in San Antonio. He stated he felt
this would be of interest to the Council because of the current housing emergency and the
City's and other organization's involvement in new home development during the current
emergency. He invited the Council to visit the home to see for themselves the quality
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Regular Council Meeting
July 21, 1971
Page 9
of construction and make comparison as to costs. The Council accepted the invitation,
and City Manager Townsend stated the matter would be referred to Urban Development
Director for study.
Reverend Billy S. Spivey, 2813 Soledad, representative of the Robert L. Moore
community and associate pastor of a local church, appeared before the Council and made
charges of Police brutality in the arrest July 19 of a seventeen year old negro girl for what
he termed a minor offense of taking from a pickup truck near the Police Station, a hammer
and later throwing it under the truck. He stated that before the incident was over, four
cars of policemen wearing helmets and equipped with billy clubs and guns, converged on
the scene to make the arrest. He stated there were some 20 persons who had witnessed the
incident and would testify in the girl's behalf. Reverend Spivey emphasized that he was
very interested in law and order, but that his complaint was directed to the manner in which
the policemen had conducted themselves and stated that he was opposed to policemen wearing
riot helmets.
City Manager Townsend and the Council expressed concern stating the accusations
were serious, and Mayor Sizemore called a special meeting for 8 p.m., Thursday, July 22,
to receive a Staff report of the policemens' side of the incident.
Mayor Sizemore reconvened the meeting at 3:30 p.m., and announced the scheduled
public hearing on Application #371-5, Ward Foods Restaurants, Inc., for change of zoning on
Lot 10, Block 2, Osage Addition, located in the 4600 Block of Everhart Road.
City Manager Townsend presented background information on the application stating
that the Planning Commission heard the case on March 30, 1971, at which time Mr. Tim
Clower, agent for the applicant, stated that an automobile sales lot is proposed for the
property, similar to the adjacent property. Mr. Townsend stated it was the recommendation
of the Planning Commission that the request be denied, but in lieu thereof, a Special Permit
be granted for the operation of an automobile sales lot according to the plot plan approved by
the Planning Commission providing for no parking along the rear property line so that the
existing shade trees may be retained to act as a buffer between the proposed operation and
nearby residences and lighting to be directed away from the residential area.
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Regular Council Meeting
July 21, 1971
Page 10
Mayor Sizemore asked for those in opposition to the application who wish to state
their reasons to do so.
Mr. W. H. Stahl, 4901 Kostoryz, appeared before the Council and began to read
a statement with reference to his zoning applications of the past and was ruled out of order
by Mayor Sizemore. After several attempts requesting Mr. Stahl to refrain, Mr. Stahl was
escorted from the Council Chamber.
No one else appeared in favor or in opposition to the foregoing application.
Motion by Branch, seconded by Bonniwell and passed that the hearing be closed.
Motion by Bonniwell, seconded by Bosquez and passed, that the recommendation of
the Planning Commission be concurred in and that Application #371-5, Word Foods Restaurants,
Inc., for change of zoning from "B-1" Neighborhood Busineu District to "B-4" General
Business District, on Lot 10, Block 2, Osage Addition, located in the 4600 Block of Everhart
Road, be denied, but in lieu. thereof a SPecial Permit be granted for the operation of an
automobile sales lot according to the plot plan approved by the Planning Commission providing
for no parking along the rear property line so that the existing shade trees may be retained to
act as a buffer between the proposed operation and nearby residences and lighting to be
directed away from the residential area, and that an ordinance be brought forward effectuating
the Special Permit.
Mayor Sizemore announced the public hearing on Application #471-3, Feudo Foodtown
#2, for change of zoning on Lot 5, Block 8, Koolside Addition, located in the 800 Block of
Airline Road.
City Manager Townsend explained the application, stating that the Planning Commission
heard the case on April 13, 1971, where the applicant stated that additional 30' x 40' storage
space was proposed. The Commission recommended that the application be denied, but in lieu
thereof a Special Permit be granted for additional storage according to the plot plan approved
by the Commission restricting signs to the requirements of the "13-1" Neighborhood Business
District. City Manager Townsend stated he believed the recommendation of the Planning
Commission was meant to include all other requirements of "B-1" also.
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Regular Council Meeting
July 21, 1971
Page 11
Mr. Guy Winstead, 917 Airline, appeared before the Council, objecting to the
Special Permit. He stated that he believes when the applicant requests a certain zoning,
he should be granted the zoning requested; and that this particular area is not suited for
residential uses.
A discussion ensued between the Council and City Manager as to what would be
allowed under "B-1" zoning and the difference with the Special Permit. City Manager
Townsend explained that if "B-1" zoning is allowed, all uses under that zoning could be
constructed, whereas a Special Permit limits construction to one special use.
Mr. Ronald Feudo, the applicant, appeared before the Council to explain. the
usage of the needed space. He stated there is a barber shop in the building already in
use and he would like to move it down into the space being requested. He presented a
site plan of the area pointing out the present and proposed uses.
Mr. Bert Haas appeared with Mr. Feudo to help explain the site plan.
Mayor Sizemore inquired if the site plan was the one presented to the Planning
Commission and was advised it was not. He then asked for the Council's alternatives in
making a decision on this application.
City Manager Townsend stated the application could be denied, could be approved
as presented before the Council for additional storage space, or that it could be referred
back to the Planning Commission for clarification on what usage was approved.
No one else appeared in favor or in opposition to the application.
Motion by Stark, seconded by Bosquez and passed, that the hearing be closed.
Motion by Bonniwell, seconded by Branch and passed, that the hearing be tabled
and referred back to the Planning Commission for clarification on the Special Permit usage
and site plan.
Mayor Sizemore announced the public hearing on Application 0571-6, The Planning
Commission, for change of zoning on all of Lots 5 through 16, Block 1; Lots 1 through 5,
Lots 7 through 21, and the south 9'5" of Lot 22, all in Block 6, Koolside Addition, located
on the west side of Airline Road between Gollihar and McArdle Roads.
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Regular Council Meeting
July 21, 1971
Page 12
City Manager Townsend presented background information on the application,
stating that the Planning Commission heard the case on May 25, 1971, and after a
lengthy discussion and hearing, recommended that the application be approved as
requested. Mr. Townsend stated that the 20% rule is in effect.
Mr. Guy Winstead, 917 Airline, appeared before the Council, opposing the
application because his property is included in the application, and he believes it should
be changed to "B-1" Neighborhood Business District it if is to be changed at all. He stated
that he has lived on this property for 30 years; that traffic has become more and more of a
hazard for the neighborhood as a single family dwelling district with homeowners having to
back out of their driveways onto Airline Road; and that with a car wash next door, a service
station on the corner, the fire station across the street and a grocery store on the other corner,
this is no longer a residential area. He stated that many of the people would like to have a
small business on their property such as a repair shop, flower shop and other small businesses
with a 60' setback for parking area in front with the buildings located on the rear of the Tots.
Mr. Winstead stated that if duplexes were to be built along this street that probably low-
income housing is all that would be constructed and this would deteriorate the area more.
Mr. R. A. Rehm, 1060 Dorothy, stated this is not a good place for homes and also
believes that business zoning would be the most logical for the street. He did not believe
that two family housing would benefit the present homeowners in this area.
Mr. L. R. Morgan also opposed the proposed zoning and would be in favor of
business zoning for this area.
City Manager Townsend stated that seven letters had been received in opposition and
five in favor since the Commission hearing.
Senior City Planner Larry Wenger stated that the Planning Commission had requested
the Staff to make a study of Airline Road and recommend zoning for this street that would be
suitable to the neighborhood. The Staff recommended the "R-2" zoning to allow for the
development of duplexes or housing to upgrade the neighborhood. He also stated that opposition
had been received from the Fraser PTA as well as people in this area; and that the lots are
small and not at all suitable for business development of any kind.
• •
Minutes
Regular Council Meeting
July 21, 1971
Page 13
Motion by Gonzales, seconded by Bonniwell and passed, that the hearing be closed.
Motion by Gonzales to deny the application died for lack of a second.
Motion by Stark, seconded by Branch and passed, that the application be tabled for
fur+her study.
Mayor Sizemore announced the public hearing on Application 0571-8, Egyptian
Corporation, for change of zoning on a 15.47 -acre tract of land out of Lots 12 and 13A,
Section 17, Flour Bluff and Encina) Farm and Garden Tracts, located in the 800 Block of
Egyptian Drive.
City Manager Townsend explained that the application was heard by the Planning
Commission on May 25, 1971, and it was recommended that the application be denied, but
in lieu thereof a Special Permit be granted for "R-2" uses limiting the total to 80 dwelling
units of which 80% of the land area could be developed with duplexes and 20% developed
with multi -family. He also stated that no site plan was presented at the Commission hearing.
Mr. Ted Anderson, attorney representing the applicants, appeared and presented a
site plan which he stated had been prepared after the Commission hearing but in accordance
with their instructions. He stated he would like to do away with the continual use of special
permits and be able to construct these dwelling units from deed restrictions; and that he has
been before the Commission before in regard to this same pr operty, trying to get the project
completed.
A discussion ensued as to whether a site plan is required with a Special Permit or
does the Council need to refer back to the Planning Commission for approval.
Mr. Wenger stated he was certain that the intent of the Planning Commission was to
grant the application limited to a certain number of units but he was not sure whether the Staff
had failed to coordinate properly or if it was felt the Council has the authority to make a
final decision in regard to the application and site plan.
Commissioner Bosquez departed the meeting at this time. (4:35 p.m.)
Commissioner Branch inquired if a site plan was needed and has the site plan been
presented to the Planning Commission or prepared since the hearing. He was advised that the
site plan had been prepared since the Commission hearing, but in accordance with instructions
from the Planning Commission.
Minutes
Regular Council Meeting
July 21, 1971
Page 14
Mrs. Johnson, 941 Egyptian, appeared and stated she was in opposition to the
proposed zoning at this location or any other in the area.
City Manager Townsend stated that two letters had been received in opposition
to the proposed zoning, and one letter favor.
Mr. Milton Fairbanks stated he had just bought a home in this area and would
prefer to have the area remain one family. He stated that the proposed zoning would
overcrowd the area and would present a traffic problem.
Commissioner Stark inquired about the feasibility of streets being con,tructed
through from the other side of the Golf Course and was advised that this was not a
recommended solution.
City Manager Townsend explained that much thought had been given to acquiring
additional land by the City to keep housing construction away from the sewer pant;,but
no decision had been made. He discussed the limitations of a special permit as to a time
period being proposed for the total project.
Mr. L. R. Richards, 6630 Pharaoh, appeared in opposition stating that traffic is
of major concern to all in this area especially since the proposed project would empty all
traffic into the surrounding residential area.
Mayor Pro Tem Bonniwell departed the meeting at this time.
Mr. Ted Anderson briefly explained that this was the third time this application had
been before the Council and that it had been thoroughly discussed each time. A copy of
his site plan was left with the Council.
No one else appeared in favor or in opposition to the application.
Motion by Branch, seconded by Gonzales and passed, that the hearing be closed.
Motion by Stark and passed, that the application be tabled for further study and
that it be referred to the Planning Commission for further recommendation.
There being no further business to come before the Council, the meeting was
adjourned.