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HomeMy WebLinkAboutMinutes City Council - 12/08/1971r MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 8, 1971 2:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwel I Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Mayor Pro Tem Charles A. Bonniwel I . Motion by Branch, seconded by Bosquez and passed, that the absence of Commissioner Stark be excused for just cause. The Minutes of the Regular Council Meeting of November 24, 1971, were approved as presented to the Council. Mayor Sizemore proclaimed December 8, 1971, as W. B. RAY HIGH SCHOOI, CHORAL DAY. Bids were opened and read by Director of Engineering Services for North Alameda Street Improvements from Interstate 37 to West Broadway, from the following firms: Burnett (Burtex) Construction Company; Heldenfels Brothers; South Texas Construction Company; King Constructicn Company; and Couch Construction Company. 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. Mayor Sizemore announced the re -opened public hearing on the proposed Text Amendments to the Zoning Ordinance, Article 6-A, establishment of a new zoning district, "R -1C" One - family Dwelling District. City Manager Townsend reviewed the background of the proposed amendment, stating that a public hearing was held September 22, recessed to October 13, and October 20, at which time the matter was tabled and referred back to the Planning Commission for additional study; that on December 1, the Council agreed that the hearing should be re -opened, and scheduled for December 8, and that the Community Action and Neighborhood Councils, where there are • • Minutes Regular Council Meeting December 8, 1971 Page 2 now 5,000 square foot lots, and those persons who attended previous hearings, be notified of this meeting. Mr. Townsend explained that it was the Commissions final recommendation that the proposed amendment be approved with the additional requirement that upon application for an "R -1C" District, the applicant must have a minimum of 8 acres in area, and that this change be incorporated in the appropriate place within this proposed text amendment by the City Legal Department. Mr. Townsend explained that the Staff was not in favor of the "R -1C" district because the lot reduction would only add to the congestion in a single-family detached development without increasing the open space benefits; that they were only in favor of a lot reduction when an area is developed under the concept of the Community Plan, and that if the "R -1C" is approved, then the Platting Ordinance should be amended to coincide with the Zoning Ordinance and also to increase the percentage required for park areas. Mr. Townsend stated that at this point, he cannot recommend the proposed reduction in square feet lot size from 6,000 to 5,00Q/until it has had more study and a determination as to where in the City the "R -1C" district would apply, and how it would differentiate from "R -1B" district. He stated he is not particularly opposed to the proposed amendment but is opposed to the vehicle, time and manner, in which it is being proposed, and that his comments are based on conclusions formed after hearing the Staff's comments. Mr. Jule PeIs, 6833 Sahara, builder of low income houses, spoke in favor of the proposed "R -1E" Amendment, stating that increasing costs of construction is going to mean less house unless q way is found to reduce land costs. He stated that a reduction in lot size of 1,000 square feet would save some $500 which could 6e spent on the house. Mr. PeIs stated that a housing survey had been made of those persons making mortgage applications for the federally subsidized "235" housing program, and that 100 percent had indicated they preferred larger houses with added features to the 6,000 square foot lots. He stated the information had been obtained with no persuasion whatsoever as to preference. He pointed out that it had been his feeling that the "R -1C" district would apply to all areas of the City and not just to the westside areas; that width of a lot has more significance than the depth since they are appraised on the front footage and is a more important factor than the total size. He stated he felt the requirement for 6,000 foot lots in all cases, would be hurting the buyer rather than helping. • • Minutes Regular.Council Meeting December 8, 1971 Page 3 Mr. Roger Seaman, Kingsville, Texas, builder and developer of a subdivion in the Rodd Field Road area, spoke in favor of the proposed reduction in lot sizes, stating that it is particularly important to the continuation of the "235" housing program which has a dollar limit on the amount that can be spent. He stated he did not feel that the Community Unit Plan would be practical in the "235" housing program; that the trend is for smaller lots which he favors from the standpoint of yard upkeep and city services. He stated he felt the "R -1C" should be City-wide which would cause a scattering of low income housing throughout the City. Reverend Bill 5. Spivey, 2713 Soledod, spoke in opposition to the proposed "R -1C" District on behalf of the Robert L. Moore Neighborhood Council, stating he represents the people who will be living in these houses and that they definitely do not want a reduction in the lot size. Mr. David Saenz, 1437 17th Street, stated he was opposed to a reduction in the size of the lots anywhere in the City. He stated he believed the "235" housing program is benefiting the City but felt that "it is being exploited by developers". He stated larger yard areas are as a result of essential for the protection of the children, and that the increased density / smaller lots would only tend to further segregate people and cost the City "more money to bus them out." Mrs. Rudy Gonzales, 1809 Yale, spoke in opposition on behalf of the Mopdy-Cunningham area stating this area had the lowest delinquency rate in the City; that their main concern was increased density which would overcrowd the already overcrowded schools and contribute to delinquency. She stated she was also speaking for Mr. Tony Bonilla, president of LULACS #1, who is also opposed to the proposed reduction lots. Mr. Rodney Carter, 915 Collingswood, spoke in opposition stating he had just returned from the National Youth Conference in Chicago, and that he saw first hand what small lots and overcrowding can do to a City. He stated he believed the increase in population is leveling off and that there will be less people in the future. Mr. Wilford Ransom, 1713 Boisdarc Place, opposed the proposed 5,000 square foot lots, stating he had lived in one of the government funded housing projects and is now buying a home, and that his purpose is to have more yard for his children and more privacy for his family. • Minutes Regular Council Meeting December 8, 1471 Page 4 Mrs. N. E. Sullivan, representing the West Side Neighborhood Improvement Association, stated they wanted to be on record as being opposed to the proposed "R -1C" District. Mrs. Harrison PeIs, 317 Country Club Drive, spoke in opposition on behalf of but favor OPUS, stating this organization strongly opposes the reduction in lot size / the Community Unit Plan. Dr. Joseph C. Rupp, 4509 Coventry Lane, stated he was speaking in opposition as a resident and a taxpayer. He stated that land was a most important factor for a happy healthy home; that smaller lots would not allow for expansion of the improvements; would increase density and congestion; there would not be adequate parking areas; that this increased congestion would not create a stable population, and that he is in agreement with everything that has been said in opposition to this proposed amendment. Mr. Raymond Coleman, 2722 Lawton Street, spoke in opposition to the proposed Text Amendment, stating that the developer of the area in which he lives sold the lots as 50' x 100' and that he had it surveyed to build a fence, he found it was only 43' x 90', and that all the other Tots on Tarleton were 43' x 90'. He stated these lots are too small for the houses and that he has no room to park his car. Mr. PeIs, speaking in rebuttal, stated he had been quoted as making the statement "certain people do not need larger lots." He corrected the statement "they do not want larger lots." Mr. PeIs re-emphasized his statement that under the "235" program the houses will be reduced if the lots are larger. Mr. Seaman explained that the FHA program was reduced and that $15,000 will be maximum mortgage on a home under the "235". He pointed out that this program was designed for shelter only and not for all the added features such as airconditioning and electrical appliances. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Branch, seconded by Gonzales and passed, that the proposed Text Amendment to the Zoning Ordinance, Article 6-A, establishment of a new zoning district, "R -1C" One- family Dwelling District, be denied. • • Minutes Regular Council Meeting December 8, 1971 Page 5 Mayor Pro Tem Bonniwell expressed an interest in proceeding with an amendment to provide for Planned Unit Development now under consideration by the Planning Staff. Mayor Sizemore called for the City Manager's Reports. City Manager Townsend presented the following recommendations: a. That bids be received at 11 a.m., Tuesday, January 11, 1972, for repairing and painting of water tanks for the Water Division; b. That the City Manager be authorized to execute on behalf of the City a leas with the West Corpus Christi Rotary Club for location of a Boy Scout Hut on two acres of land at the Allison Sewer Plant; c. That the General Fund be reimbursed $73,562.00 for engineering services provided during August, September and October, on 47 bond fund projects, and that an additional $48,281 be appropriated from the various bond funds to supplement remaining contingency appropriations of $25,281.00; d. That $450.00 be appropriated out of the 292 Bond Fund for payment of subsurface investigation to Trinity Testing Laboratory as required in connection with the design of the Marina Improvements project; e. That a permit to Colibri Oil & Gas, Inc., be granted for drilling a well in Corpus Christi Bay to a depth of 10,500 feet, the application being submitted in accordance with provisions of Bay Drilling Ordinance No. 8294 and there being no exceptions requested; f. That one-way traffic movement be established on Churchill Drive and Wayside Drive between Tarleton and Arlington Streets between the hours of 8:00/9:00 a.m., and 2:00/4:00 p.m., on school days only, the request being made by the Principal of Travis Elementary School, no businesses are involved, the Traffic Safety Advisory Board having reviewed and approved the request, and no one opposing the request; g. That $700.00 be appropriated out of the No. 291 Park Bond Fund for appraisal services required in connection with Project No. 291-70-10.2, Hudson Acres Park, $300.00 of which is for the services of Harold Carr, and $400.00 for services of Terrence F. Wood; (The two appraisals were required by HUD to establish values of the property to be acquired) • • Minutes Regular Council Meeting December 8, 1971 Page 6 h. That Parcel No. 18 located at 3034 Ocean Drive of the Bayfront Open Space Project be acquired from Mr. Paul J. Hendricks for $34,200; and that $34,486.00 be appropriated to cover the acquisition and incidental expenses; i. That the Joint Sealing project at the Corpus Christi International Airport be accepted as complete and that full payment of $6,730.50 be made to Townsco Contracting Company; (The contract was originally $5,039.50, and was increased by Changer Order No. 1 of $1,691.00 which was approved by the City Council on October 27, 1971) j. That the City enter into a contract with Mrs. C. M. Caton of Honolulu, Hawaii, to accept possession of a jade collection belonging to Mr. R. S. Harvill of Sinton, Texas, and act as paying agent for the purchase of the collection by Mrs. Caton from Mr. Harvill - the purchase price of $50,000 to be paid in five annual installments, at no cost to the City, other than insurance; k. That ten-day notice of a public hearing on Wednesday, December 22, 1971, at 2 p.m., be authorized for publication concerning the annexation by contract between the City and the Saratoga Land Company et al, of 405.452 acres of land; I. That the City Manager be authorized to secure as a consultant, Frank D. Masch who will review and make recommendations on the flood insurance program for the City of Corpus Christi - consultant fees will be an additional $8500 for this study; Motion by Branch, seconded by Lozano and passed, that the foregoing requests and recommendations, Items "a" through "I" be accepted, and that they be granted and approved as presented. ORDINANCE NO. 10599 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. • • Minutes Regular Council Meeting December 8, 1971 Page 7 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10600 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $700 FOR APPRAISAL SERVICES REQUIRED IN CONNECTION WITH PROJECT 291-70-10.2, HUDSON ACRES PARK,OF SAID APPROPRIATION, $300 IS FOR THE SERVICES OF HAROLD CARR AND $400 IS FOR THE SERVICES OF TERRENCE F. WOOD; 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 Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10601 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-153, SCHEDULE I, "ONE-WAY STREETS AND ALLEYS", BY ADDING THE FOLLOWING ITEMS 50 AS TO PROVIDE THAT TRAFFIC SHALL MOVE IN A SOUTHERLY DIRECTION ONLY ON CHURCHILL DRIVE BETWEEN TARLETON AND ARLINGTON STREETS, AND IN A NORTHERLY DIRECTION ONLY ON WAYSIDE DRIVE BETWEEN TARLETON AND ARLINGTON STREETS BETWEEN THE HOUSE OF 8:00 A.M. TO 9:00 A.M. AND 2:00 P.M. TO 4:00 P.M. ON SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordi nonce was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10602 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN EXTENSION AND AMENDMENT AGREEMENT OF THE CONTRACT HERETOFORE ENTERED INTO BETWEEN THE CITY AND THE CORPUS CHRISTI CHAMBER OF COMMERCE FOR THE YEAR ENDING SEPTEMBER 30, 1971, FOR THE PURPOSE OF PROMOTING ADDITIONAL CONVENTIONS AND TO BETTER SERVE THE CONVENTIONS WHICH ARE AND WILL BE SCHEDULED FOR CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE EXTENSION AND AMENDMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND, MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Stark was absent. • • Minutes Regular Council Meeting December 8, 1971 Page 8 ORDINANCE NO. 10603 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EASTMAN KODAK COMPANY-BSMD FOR THE FURNISHING AND INSTALLATION OF A COMPLETE AND READY -TO -OPERATE AUTOMATIC MICROFILM RETRIEVAL SYSTEM FOR THE CITY OF CORPUS CHRISTI, TEXAS, POLICE DIVISION, IN ACCORDANCE WITH THE SPECIFICA- TIONS SET FORTH IN TEE BID INVITATION, INSTRUCTIONS TO BIDDERS, BID SPECIFICA- TIONS, AND DETAILED PROJECT DESCRIPTION, ATTACHED HERETO AS EXHIBITS "A", "B", "C", AND "D", RESPECTIVELY, UNDER DATE OF SEPTEMBER 21, 1971, AND INCORPORATED HEREIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwel I,Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10604 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 T. A. HARRELL, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTH 230 FEET OF LOT 1, BLOCK 7, GARDENDALE #1, LOCATED IN THE 5600 BLOCK OF EVERHART ROAD SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE A5 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: Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Sizemore abstained; Stark was absent. ORDINANCE NO. 10605 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 RICHARD P. CHURCH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTH 20 FEET OF LOT 11, AND THE SOUTH 30 FEET OF LOT 12, BLOCK 9, KOOLSIDE ADDITION, LOCATED IN THE 700 BLOCK OF AIRLINE ROAD, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-1" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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: Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Sizemore abstained; Branch voted "Nay"; Stark was absent. • Minutes Regular Council Meeting December 8, 1971 Page 9 ORDINANCE NO. 10606 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 TWO-WAY LAND COMPANY BY GRANTING A SPECIAL USE PERMIT FOR THE OPERATION AND MAINTENANCE OF A MOBILE HOME SUBDIVISION ON ALL OF LOTS 37 THROUGH 50, BLOCK 7; LOTS 12 THROUGH 25, BLOCK 8; LOTS 10 THROUGH 22, AND LOTS 26 THROUGH 34, BLOCK 13; LOTS 1 THROUGH 13, AND LOTS 26 THROUGH 38, BLOCK 14; AND LOTS 1 THROUGH 14, BLOCK 15, ALL IN FLOUR BLUFF PARK, SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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: Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Sizemore abstained; Stark was absent. RESOLUTION NO. 10607 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED, FOR A FEDERAL GRANOTO ACQUIRE A CERTAIN 16 -ACRE TRACT OF LAND ADJACENT TO GREENWOOD PARK, AS MORE FULLY DESCRIBED IN THE APPLICATION FOR SAID GRANT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolutionwas passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10608 CLOSING ALL THOSE PORTIONS OF STREETS KNOWN AS ALLEN ROAD, KIBBY DRIVE, AND JEAN STREET, AND ALL UTILITY EASEMENTS WHICH EXIST WITHIN KIBBY INDUSTRIAL SUBDIVISION, SUBJECT TO VACATION OF THE PLAT, RETENTION OF EXISTING PERIMETER EASEMENTS AND 20 -FOOT DEDICATION FOR JEAN STREET OR SUBJECT TO APPROPRIATE REPLAT.MEETING THE SAME CONDITIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution.was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10609 APPROPRIATING OUT OF NO. 292 MARINA IMPROVEMENTS BOND FUND $450 FOR LABORATORY SERVICES REQUIRED IN CONNECTION WITH THE DESIGN OF PROJECT NO. 292-70-1, MARINA IMPROVEMENTS; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting December 8, 1971 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosqdez, Branch, Gonzales and Lozano, present and voting "Aye ; Stark was absent. ORDINANCE NO. 10610 APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $34,486, OF WHICH $34,200 IS FOR ACQUISITION OF PARCEL NO. 18 AND $286 IS FOR INCIDENTAL EXPENSES APPLICABLE TO BAYFRONT OPEN SPACE PROJECT NO. 291-70-8; AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNER, PAUL J. HENDRICKS; 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 Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10611 FINDING THE ACCEPTANCE OF A CERTAIN GIFT FROM MRS. GRACE C. CATON AND PURCHASING A VALUABLE JADE COLLECTION FROM MR. R. S. HARVILL FOR DISPLAY IN THE CITY MUSEUM IS IN THE PUBLIC INTEREST; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO THE TWO ATTACHED CONTRACTS, THE FIRST ACCEPT- ING AN UNCONDITIONAL GIFT OF $50,000 FROM MRS. GRACE C. CATON OF HONOLULU, HAWAII IN CONSIDERATION FOR THE CITY ENTERING INTO A CONTRACT WITH MR. R. S. HARVILL FOR THE PURCHASE OF A JADE COLLECTION FOR DISPLAY IN THE CITY MUSEUM UNDER CERTAIN CONDITIONS AN D THE SECOND AUTHORIZING SAID PURCHASE AND DISPLAY; EXPRESSING THE GRATEFUL APPRECIATION OF THE COUNCIL; 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 Lozano, present and voting "Aye"; Stark was absent. ORDINANCE NO. 10612 APPROPRIATING $48,281 OF WHICH $25,391 IS FROM THE NO. 220 STREET BOND FUND, $17,397 IS FROM THE NO. 295 STORM SEWER BOND FUND, $1,776 IS FROM THE NO. 250 SANITARY SEWER BOND FUND, $1,328 IS FROM THE NO. 291 PAW BOND FUND, AND $2,389 15 FROM THE NO. 245 AIRPORT BOND FUND, TO SU SANT $25,281 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR CONTINGE IES AND INCIDENTAL EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN THE TABULATION PREPARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS A '1''ACHED HERETO, MARKED EXHIBIT "A", AND IS MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $73,562 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVIES PROVIDED DURING THE PERIOD OF AUGUST 1, 1971 THROUGH OCTOBER 31, 1971; AND DECLARING AN EMERIGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales and Lozano, present and voting "Aye"; Stark was absent. • Minutes Regular Council Meeting December 8, 1971 Page 11 Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Juan Bautista, representing an organization known as the Community Coalition, appeared and stated this organization was comprised of Blacks, Anglos and Mexican -Americans who feel they have been exploited through the years and had been denied equal rights, and they are now demanding the "right to be treated as citizens." He charged police brutality, and that the Human Relations Commission had been reluctant to act on complaints which also had been presented to the City Manager and the Chief of Police. He requested that the Human Relations Commission be given more authority, that some Mexican -Americans be appointed as members, and that a police review board and a crime commission be formed. He charged police brutality and stated that policemen hove a superior attitude toward Blacks and Mexican - Americans and that "they are demanding that this be stopped" and want a definite answer immediately as to how the Council intends to comply with these demands; that if these demands are not complied with, "we are going to go to some other extreme." He stated the duties of the proposed police review board would be to weed out irresponsible policeofficers and to investigate complaints. City Manager Townsend stated that complaints have not gone uninvestigated, that some 1,000 hours have been spent in investigating charges against police. He stated that in many cases where people had offered to testify as witnesses to police brutality incidents, the persons had come by their information through hearsay. Mr. Bautista was questioned by a member of the Council as to whether or not he would abide by the decision of a police review board if such a board were possible, and Mr. Bautista stated it would "all depend on the situation and the circumstances." Mr. Al R. Dyer, member of the Community Coalition Group, stated they are asking that the Council approve a resolution or a proclamation creating the police review board, give the Human Relations Commission more power, or create a crime commission. He stated that past presentations have not beenweffective and that their complaints have been ignored. He stated that police have refused to enforce gaming laws, that bingo games are still being allowed, that policemen are uneducated, the police department is run by bribery, police brutality is "swept • • Minutes Regular Council Meeting December 8, 1971 Page 12 under the rug" by the City Staff, policemen are guilty of harrassment of their subjects, and that policemen are controlled by policemen. He stated the Community Coalition had on tape information from an informant that implicated policemen with robberies and burglaries, including a recent $50,000 jewelry robbery in the south side of the City. He stated he could not disclose any more information regarding the informant, but that the information would be released at a press conference Monday of next week. Mr. Townsend stated that he had never heard so many irresponsible charges, and that if Mr. Dyer has evidence of these charges, he should put them in writing immediately. Mr. Townsend stated that the State Law does not allow any board or agency, other than the Police Chief or the Civil Service Board, to make investigations and "weed out policemen"; that if a board were formed, it could only advisory, and that the San Antonio Board referred to by Commissioner Branch, has investigated police brutality charges, but could only make recommendations. Mr. Tony Bonilla, State Director of LULAC, stated that a police review: board could serve a useful purpose even if it is only in an advisory capacity; that the Council should not take the position that a police review board is not practical just because no other Texas City has one, commenting that "this Council should be leaders and not followers." Mr. Bonilla charged that when minority groups present complaints, they are immediately labeled agitators. He charged that internal police department investigations are not sufficient because some of the police should be investigated themselves. He stated a grand jury on which a member of the Council had served, had recommended a police review board, which indicated an obvious need for such a board. Mr. Bonilla stated they have documented complaints which were filed with the Human Relations Commission with copies sent to the City Manager or the Mayor, and were told they could not be investigated because they had gone to a superior power. He urged the Council to: (1) instruct the Human Relations Commission to accept complaints; (2) give them more power; (3) establish a police review board; and (4) create a permanent crime commission. Mr. Rodney Carter, 905 Collingswood, requested that the Council approve a resolution asking the County to provide and maintain bilingual voting facilities and bilingual instructions be made available, to all citizens of Nueces County" in the interest of fully extending the voting • Minutes Regular Council Meeting December 8, 1971 Page 13 franchise to all Corpus Christi citizens equally," and that the Council expand this example to all counties of South Texas. (Council Exhibit 016-71) Reverend Bill Spivey, by use of a chart, complained that there was a lack of Blacks and Mexican -Americans on the City payroll, alleging that the City had only a small number of Blacks in the top bracket of City positions. He appealed to the Council to "admit that there is definitely a problem in City Hall in this respect, from the City Manager on down," and asked the Council to "right this wrong." He stated he does not approve of the present welfare system, stating that "charity should begin at City Hall." City Manager Townsend pointed out that the City had increased the number of Blacks on the City payroll by 10 per cent in the last ten months. Mrs. Eva de Ases, stated she was a resident in the South Port area, and wanted to express her opposition to the proposed text amendment which would permit 5,000 square foot lots, and also stated she was personally familiar with incidents of police brutality, and favored the proposed police review board. Mayor Sizemore stated his office, and that of the City Manager, are always open for those who have complaints. He stated he did not feel a review board is necessary since this seven man Council comprises a review board, and citizens have the prerogative to elect or re-elect. He stated he considered the allegation that he would betray a confidence a personal assault on his qualifications as Mayor of this City. Mr. Jim Gillin, 738 Sheridan Drive, representing the Taxpayers Association, appeared and asked the Council if it intended to pursue the idea of a convention center by submitting the issue to a vote of the people immediately after it had been defeated. He alleged the Council is adamant in its pursuit of this issue and is subjecting the taxpayers to unnecessary expenditures. Mr. Gillin stated that many other cities who have elaborate convention facilities are approaching bankruptcy. He stated he is not convinced this City would benefit by such a facility in the amount of its cost. He also requested an answer to the question as to what changes in conditions or circumstances have taken place since the last election that would justify the Council's initiation of a bond election for a convention center. • Minutes Regular Council Meeting December 8, 1971 Page 14 Mr. GiIIin also asked for a clarification of the City's position relative to its commitment to the Oso Development Company for development of the Cayo del Oso, and also inquired as to constituents comprising the recently created "Conservation of funds Committee", stating that the Taxpayers Association could probably furnish a qualified person to serve in this capacity, and would appreciate the employment of this service. Mayor Sizemore stated he could only answer for himself, but that he personally felt a convention center is necessary, and would be an asset to the City. He pointed out that just recently a convention of some 1,000 people had rejected the City's present facilities as inadequate. He stated that before the issue is submitted to the voters, public hearings will be held, and that he firmly believes that a convention center, perhaps correlated with a civic center, is a definite need. City Manager Townsend, with reference to the City's commitment to the Oso Develop- ment Company, explained that the City's position.isset out in the resolution; that a contract is not involved;and that the only commitment is that the Council will not negotiate with another firm so long as this study is in process. Relative to the constitution of the Committee designated "the City Government Cost Reduction Committee," Mayor Sizemore explained that the appointments to this committee have not been discussed. Mr. Brent Davis, 511 Ayers Street, representing the Civil Liberties Union Board of Directors, read a written statement endorsing the request of Mr. Rodney Carter that the Council approve a resolution asking the County to provide bilingual voting facilities in Nueces County. Miss Milinda Garcia, 512 Mexico, complained of discrimination in employment of colored people in the City. She also stated she concurred in the complaints made earlier in this meeting relative to police brutality, and stated a police review board is indicated. Mayor Sizemore stated he would not attempt to answer all questions and accusations which have been presenfed today, and that he would not sign the resolution presented by Mr. Carter without due consideration; that these matters will be discussed in workshop. He directed that the City Manager collect all pertinent material possible for these discussions. Minutes Regular Council Meeting December 8, 1971 Page 15 ************** • Following a brief recess, Mayor Sizemore called the meeting to order at 5:10 p.m. for public hearings on six zoning applications, City Manager Townsend presented Application #1171-6, Mr. and Mrs. Walter Groce, for change of zoning from "R-113" One -family Dwelling District to "B-4" General Business District on a portion of Lot 7, Block 2, Bohemian Colony Lands and all of Block 2R, Boulevard Place. He stated that the request was heard by the Planning Commission November 9, 1971, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "B-4" zoning to the north and east of this property, and that the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Motion by Bonniwell, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #1171-6, Mr. and Mrs. Walter Groce, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on a portion of Lot 7, Block 2, Bohemian Colony Lands and all df Block 2R, Boulevard Place, located at 5130 Kostoryz Road, be approved, and that on ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1171-5, Manuel M. Garza, for change of zoning from "R-lB" One -family Dwelling District to "B-4" General Business District, on all of Lot 14, Block 3, Bayview #3, located at 1226 Fifteenth Street. He stated that the request was heard by the Planning Commission November 9, 1971, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "R-2" Two-family Dwelling District be granted as a logical extension of the "R-2" zoning adjacent to the east,and that the Staff concurred in this recommendation. Mr. Manuel M. Garrp, applicant, was presented and stated that after consulting with the Planning Staff, he was satisfied with the "R-2" zoning and that it would completely meet his requirements. No one appeared in opposition to the recommedation of the Planning Commission. • Minutes Regular Council Meeting December 8, 1971 Page 16 Motion by Lozano, seconded by Bosquez and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that Application #1171-5, Manuel M. Garza, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on all of Lot 14, Block 3, Bayview #3, located at 1226 Fifteenth Street, be denied, but in lieu thereof "R-2" Two-family Dwelling District be granted, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1171-4, Roy Smith and Ennis Joslin, for change of.zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on approximately 9.5 acres out of Lots 1 & 2, Sectipn 3, Flour Bluff & Encinal Farm & Garden Tracts, located on South Padre Island Drive between Everhart Road and Prinston Drive. He stated the request was heard by the Planning Commission November 9, 1971, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "B-4" zoning to the east and west with the provisions that a masonry screening fence be constructed along the north side of this tract similar to the one erected on the adjacent tract to the east along Mt. Vernon Drive, and that the Staff concurred in this recommendation. Mr. Townsend explained that there was some disagreement as to the type of screening fence, and that it should be ascertained if the applicant is agreeable to construction of a masonry fence as indicated in the minutes of the Commission meeting. Mr. Roy Smith, co -applicant, stated they would accept whatever requirements the Council imposed as to the type of screening fence, but felt that the masonry fence was too expensive to build and had not been required of other similar developments in the City. He stated they had originally asked for the standard screen fence, and were advised by the Planning Staff that the masonry fence was recommended because it would be a continuation of the fenpe which was constructed around the Padre Staples Mall. Mr. Ralph Durden, member of the Planning Commission, stated he had made the motion at the Commission hearing to grant the zoning with provisions for a screening fence, and that he did not recall having specified a masonry fence, and that it was his understanding that the fence was to be a standard screening fence. • • Minutes Regular Council Meeting December 8, 1971 Page 17 Mr. Albert Campbell, Jr., 4918 Janet Drive, stated that the recommendation of the Planning Commission was forwarded to the Council specifying that a masonry fence be constructed, and if the Council does not concur with the recommendation, then it is a new case and in his opinion, should be referred back to the Planning Commission. He stated the residents in this area feel the masonry fence around the Padre Staples Mall is an asset to the area and also to the Mall, and should be required in the subject application. He stated he had no objection to the zoning change if the masonry fence is required. Mr. Smith pointed out that Mr. Campbell's home is well screened and is over 300 feet from the subject property. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that Application #1171-4, Roy Smith and Ennis Joslin, be tabled for further consideration. City Manager Townsend presented Application #1171-2, Mrs. Ethel Martin and Mrs. O. J. Olson, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lots 18, 19 & 20, Block 7, Del Mar Addition, located in the 1700 Block of Santa Fe Street. He stated the request was heard by the Planning Commission November 9, 1971, and forwarded to the Council with the recommendation that it be approved as a logical extension of the "AB" zoning to the north and east, and that this recommendation was concurred in by the Planning Staff. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Gonzales, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that Application #1171-2, Mrs. Ethel Martin and Mrs. O. J. Olson, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lots 18, 19 & 20, Block 7, Del Mar Addition, located in the 1700 Block of Santa Fe Street, be approved as requested, and that an ordinance be brought forward effectuating the change. • • Minutes Regular Council Meeting December 8, 1971 Page 18 City Manager Townsend presented Application #1171-3, Pete Leyba, for change of zoning from "R -IB" One -family Dwelling District to "A-2" Apartment House District on all of Lot 8 and the westerly 32 feet of Lot 7, Barthlome Addition, located in the 3300 Block of UpRiver Road. He stated the request was heard by the Planning Commission November 9, 1971, and forwarded to the Council with the recommendation that it be approved as an extension of the "A-2" zoning to the north and because this is a logical location for the proposed use. Senior City Planner Wenger stated it was the recommendation of the Staff that "A-2" be denied but in lieu thereof. "A-1" be granted as a transition between the "A-2" zoning to the north and "R -1B" zoning to the south. He stated one person had appeared at the hearing and spoke in opposition, and that out of thirteen notices mailed, one was received in favor, and five in opposition. Mrs. Pete Leyba, wife of the applicant, spoke on behalf of the request stating that the apartment development proposed for the property will be well constructed and modern in every way, and that they will be an asset to the neighborhood. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application #1171-3, Pete Leyba, for change of zoning From "R -1B" One -family Dwelling District to "A-2" Apartment House District on all of Lot 8 and the westerly 32 feet of Lot 7, Barthlome Addition, located in the 3300 Block of UpRiver Road, be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1171-1, E. C. Peterson, Trustee, for change of zoning from "R-113" One -family Dwelling District to "B-1" Neighborhood Business District on all of Lots 1, 2 and 3, Block 1, Koolside Addition, located on the northwest corner of Airline and McArdle Roads. He stated the request was heard by the Planning Commission November 9, 1971, and forwarded to the Council with the recommendation that it be approved with the applicant furnishing the City with deed restrictions against a service station use on the • Minutes Regular Council Meeting December 8, 1971 Page 19 basis that this property is presently being used for a business; it was utilized for business prior to its annexation into the City; and it would be an extension to the existing uses to the south. He stated it was the Staff's recommendation thatthe request be denied. Mr. Odell Ingle, representing the applicant, stated that the recommendation of the Planning Commission would be acceptable and that deed restrictions would be furnished the City against a service station use as specified. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application 01171-1, E. C. Peterson, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighbor- hood Business District on all of Lots 1, 2. and 3, Block 1, Koolside Addition, be approved, and that an ordinance be brought forward effectuating the change subject to the applicant filing deed restrictions against a service station use. - - Motion by Bonniwell, seconded by Lozano and passed, that Mrs. R. W. (Beth) Woolsey be appointed to the Nueces County Mental Health and Mental Retardation Community Service Board to replace Dr. James Gabbard. There being no further business to come before the Council, the meeting was duly adjourned at 6:30 p.m., Wednesday, December 8, 1971.