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
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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.