HomeMy WebLinkAboutMinutes City Council - 03/08/1972MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
March 8, 1972
2:00 p.m.
PRESENT:
Mayor Ronnie Sizemore
Mayor Pro Tem Charles A. Bonniwell
Commissioners:
Roberto Bosquez, M.D.
Rev. Harold T. Branch
Thomas V. Gonzales
Gabe Lozano, Sr.
J. Howard Stark
City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary T. Ray Kring
Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall.
The Invocation was given by the Reverend Seymour Perkins, Pastor of First Congregational
United Church of Christ.
The Minutes of the Regular Meeting of February 23, 1972, were approved as submitted
to the Council.
One bid was received for the construction of Schanen-Brown Park and Municipal Service
Center Park Improvements which was opened and read by Director of Engineering Services James
K. Lontos, from Asphalt Paving & Construction Company.
City Manager Townsend explained that the bid does not include the trees which had
been deleted due to the time of year. He stated consideration would be given to advertising this
item separately depending on the outcome of the bids to be received next week on Elgin and
Hillcrest Parks.
The foregoing bid was tabled for 48 hours pursuant to the requirements of the City Charter
and referred to the City Manager for tabulation and recommendation.
Mayor Sizemore called for the City Manager's Reports.
Motion by Branch, seconded by Bonniwell and passed, that the City Manager's Reports,
Items "a" thropgh "p", "d" deleted, be accepted, and that the requests and recommendations be
granted and approved as follows:
a. That a contract be awarded for Repair Parts for Traveling Screens at the O. N.
Stevens High Service Pump Station to Rex Chain Belt, Inc., for $17,769.52, the company being
the original supplier of the system and the only known source for replacement parts;
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Regular Council Meeting
March 8, 1972
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b. That Ordinance No. 8848 be amended by amending Section 2 to authorize the
Assistant Director of Finance and Chief Accountant, in addition to the City Manager and the
Director of Finance, to execute release of liens after payment b6 the indebtedness represented
by such lien;
c. That the City Manager be authorized to enter into a lease agreement with Mrs. Lydia
Delgado for operation of a snack bar in the basement of the Police Station, Mrs. Delgado having
operated the concession for the last three years for Mrs. Pete Tunches who is retiring because of
illness, and during this period gross sales have increased significantly from $6,449 to $8,068
yearly. The City will receive 3% gross sales;
d. (withdrawn)
e. That parking prohibition be lifted from the west side of Lower Broadway between
Peoples and Taylor Street to allow 35 all -day parking spaces, this curb space now being reserved
for S.B.A. employees, and the S.B.A. no longer needing this parking. This will help to alleviate
the deficiency in available off-street parking spaces in the Central Business Districts, and was
recommended by the Traffic Safety Advisory Board;
f. That parking be prohibited during the hours of 4:00 p.m. to 6:00 p.m., on the north
side of Doddridge Street between Ocean Drive and Topeka Street and at all times between Topeka
and Alameda, and that parki ng be prohibited on the south side of Doddridge Street during the
hours of 7:00 a.m. to 9:00 a.m. between Ocean Drive and a point 700 feet east of Alameda
Street and at all times from a point 700 feet east of Alameda to Alameda Street. Peak hour
traffic volumes cannot be adequately served by one traffic lane in each direction. The Traffic
Safety Advisory Board concurs with this recommendation;
g. That parking be prohibited on the west side of Jacquelyn Drive between Sam Street
and Everhart Road - overflow or employee parking from the adjacent shopping center blocks the
movement of traffic into and out of the Clare Mont Subdivision - the Traffic Safety Advisory Board
concurs with the recommendation;
h. That a speed limit of 45 mph be established on Navigation Boulevard between Bear Lane
and Agnes Street as recommended by the Traffic Safety Advisory Board. The 85 percentile speed is
55 mph; there is very little land use development on this section of the street and no accident
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Regular Council Meeting
March 8, 1972
Page 3
hazard; the eastbound speed will be reduced at the approach to Bear Lane and adequate warning
signs will be posted near Agnes Street;
i. That a speed limit of 35 mph be established on Gollihar Road between South Staples
Street and Crosstown Expressway. A speed study proved that most drivers are now exceeding 30 mph
on the existing improved sections of Gollihar Road. When completed to Staples Street, driving
speeds on Gollihar Road will be similar to those on South Alameda, South Staples Street and other
major arterials. The recommendation was concurred in by the Traffic Safety Advisory Board;
j. That Antelope Street between Carancahua and Broadway be made one way eastbound
for a two-year period, construction barricades for the Corpus Christi Bank & Trust Company having
been erected 13 feet into Antelope Street and two-way traffic plus a parking lane cannot be
provided. A temporary one-way movement is presently in operation, and the recommendation
concurred in by the Traffic Safety Advisory Board;
k. That the City Manager be authorized to sign a Consent Agreement between the United
States Government and the City of Corpus Christi, and between the Texas -Mexican Railway and
the City of Corpus Christi for the purpose of obtaining a permit to cross under the Holly Road
railroad tract at Betty Jeon and Holly Road with a reinforced concrete culvert, said culvert
comprising a portion of the storm sewer outfall for the Gardendale Storm Sewer System;
I. That the City Manager be authorized to execute a Real Estate Sales Contract for
acquisition of Parcel No. 16-1-B, in connection with the Clarkwood Ditch S.H. 44 to Oso
Creek, from the owners Mr. and Mrs. A. C. Whitlock; and that an appropriation of $336.00 of
which $246.00 is for cost of acquisition and $90.00 for incidental expenses related to closing
cost, be approved;
m. That the appraised values of Parcels Nos. 1, 3, 4, 5, and 6, for the Greenwood
Drive Street Improvement Project, Horne Road to Padre Island Drive, be approved, that the City
Manager be authorized to execute documents necessary for acquisition, and an appropriation of
$10,027.99 out of No. 220 Street Bond Fund, including $9,027.99 for land purchase and
$1,000.00 for incidental costs, be authorized;
n. That a change order for the construction of the 48" Leopard Street Transmission Water
Line be authorized to construct two concrete vaults along either side of the fault zone near
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Regular Council Meeting
March 8, 1972
Page 4
Clarkwood Road, which are needed in order to provide better maintenance of the line and to
better observe the movement of the water line resulting from the fault; that an appropriation of
$16,000.00, $4,780.00 of which k for the change order and $11,220.00 to supplement funds
previously appropriated and needed for resident inspection, radiographic testing which has
overrun the estimate, and other contingencies and incidental expenses, be authorized;
o. That the City Manager be authorized to enter into a contract with Page, Southerland,
Page and Whittet, Architects, to prepare preliminary plans and specifications for expansion to
the control tower at International Airport; FAA desires to lease between 11,400 and 16,400 square
feet of space upon completion for expanded terminal radar approach control facilities, an
airways facilities sector, a general aviation district office, and adequate parking spaces; FAA
will amortize the building over fifteen years and pay operations and maintenance expenses;
bond funds are available from the 1968 bond election due to FAA participation off -setting half
the cost of runway lengthening, strengthening, and widening; and approximately $700,000 will
be available for this and other projects. The Airport Advisory Board has indicated that additional
space for FAA should have the highest priority of any capital improvement work at the Airport;
p. That ratification confirmment and acknowledgement of the contractual annexation of
the Saratoga Lane Company Tract, be approved.
City Manager Townsend reported that Mr. Bill Shireman who has been a representative of
the Legal Aid Society on the Human Relations Commission, has announced as a candidate for the
Board of Regents of Del Mar College and asked that he be replaced by Mr. Robert D. Thorpe, an
attorney on his Staff, to represent the Society on the Human Relations Commission.
Motion by Bosquez, seconded by Stark and passed, that Mr. Shireman's resignation be
accepted, that the designation of Mr. Robert D. Thorpe be approved to represent the Legal Aid
Society on the Human Relations Commission, and that a letter expressing appreciation for his
services on the Commission be forwarded to Mr. Shireman.
City Manager Townsend announced the pending matter of Zoning Application 0172-9,
John Tucker, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District,
on a portion of Lot 2, Section 10, Bohemian Colony Lands, consisting of approximately 4 acres,
on which a public hearing was held on February 23, 1972. He stated it was the recommendation
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Regular Council Meeting
March 8, 1972
Page 5
of the Planning Commission that the request for "B-1" Neighborhood Business District be denied
because there has been no change of character in the neighborhood and it is contrary to the Land
Use Plan, and that the Staff concurred in this recommendation.
Motion by Gonzales, seconded by Bonniwell and passed, that the recommendation of the
Planning Commission and the Staff be concurred in and that Application #172-9, John Tucker, for
change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhopd Business
District, on a portion of Lot 2, Section 10, Bohemian Colony Lands, consisting of approximately
4 acres, be denied.
ORDINANCE NO. 10730
THIRD READING OF AN ORDINANCE DESIGNATING CHAPTER 33, SECTIONS 33-1 THROUGH
33-8, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AS "PART I, PERSONAL PROPERTY";
DELETING REFERENCES TO "MOTOR VEHICLES" IN SAID PART I; ADDING "PART II, ABANDONED
MOTOR VEHICLES" TO SAID CHAPTER TO DECLARE ABANDONED PROPERTY A NUISANCE;
PROVIDING THE DUTY OF POLICE TO IMPOUND; EXEMPTING CERTAIN TRASH' RECEPTACLES
AND AUTO WRECKING YARDS AND INDUSTRIAL SCRAP YEARS; PROVIDING CERTIFICATION
OF ABANDONMENT; AUTHORIZING USE OF CITY PERSONNEL OR USE OF CONTRACT FOR
IMPOUNDING ABANDONED VEHICLES; AUTHORIZING THE POLICE DEPARTMENT OR OTHER
AGENT TO ISSUE REQUIRED NOTIFICATION; AUTHORIZING THE POLICE DEPARTMENT TO
CONDUCT AUCTIONS OF ABANDONED PROPERTY; CERATING THE ABANDONED MOTOR
VEHICLE TRUST ACCOUNT; PROVIDING THAT THE ENFORCEMENT OF THIS ORDINANCE IS
A FUNCTION OF THE POLICE POWER OF THE CITY, AUTHORIZING ENTRANCE ON PRIVATE
PROPERTY FOR THE ENFORCEMENT OF THIS ORDINANCE AND AUTHORIZING THE MUNICIPAL
COURT TO ISSUE ORDERS NECESSARY TO ENFORCE THIS ORDINANCE AND SECTION 306.4,
ORDINANCE NO. 9811, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 24, 1970;
PROVIDING FOR A LIEN ON IMPOUNDED PROPERTY; PROVIDING FOR REDEMPTION OF
IMPOUNDED PROPERTY; PROVIDING FOR FEES FOR IMPOUNDING, STORAGE AND OTHER
FEES; PROVIDING FOR DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED PROPERTY;
REPEALING CHAPTER 21, SECTION 21-108, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,
AMENDING CHAPTER 21, SECTION 21-151, (2) TO RAISE THE TOWING FEE FOR IMPOUNDING
UPON REDEMPTION TO. $10.00 OR $15.00 IF A DOLLY IS USED; PROVIDING FOR PUBLICATION;
PROVIDING A SEVERABILITY CLAUSE.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE
ASSIGNMENT OF LEASE FROM DYNETERIA, INC., TO ANTONIO BUENTELLO OF CERTAIN
AIRPORT RESTAURANT AREA FOR SALE OF ALCOHOLIC BEVERAGES AS PER ATTACHED
EXHIBIT A.
The foregoing ordinance was read for the second time and passed to the third reading by
the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark,
present and voting "Aye".
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Minutes
Regular Council Meeting
March 8, 1972
Page6
SECOND READING OF AN pRDINANCE AUTHORIZING EXTENSION AND AMENDMENT OF
LEASE TO DYNETERIA, INC. AND ANTONIO BUENTELLO, OF CERTAIN SPACE AT THE
CORPUS CHRISTI INTERNATIONAL AIRPORT, IN ACCORDANCE WITH THE ATTACHED EXHIBIT
"A", MADE A PART HEREOF, WHICH PROVIDES FOR A FIVE-YEAR EXTENSION OF SAID LEASE,
FOR THE SALE OF MIXED DRINKS, FOR $10,000 WORTH OF IMPROVEMENTS TO SAID AREA
BY DYNETERIA, INC. FOR THE RENTAL PAYMENT ON GROSS SALES INCLUDING LIQUOR.
The foregoing ordinance was read for the second time and passed to the third reading by
the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present
and voting "Aye".
ORDINANCE NO. 10731
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SAME, TO LO-VACA' GATHERING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN,
REPAIR AND REMOVE ONE (1) 10 -INCH NATURAL GAS PIPELINE ACROSS A TRACT OF LAND
KNOWN AS THE L.L. WOODMAN TRACT, IN THE CITY OF CORPUS CHRISTI, MORE FULLY
DESCRIBED IN THE REVOCABLE EASEMENT, A COPY OF WHICH EASEMENT IS ATTACHED HERETO,
MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF THE FEE
THEREIN PROVIDED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
ORDINANCE NO. 10732
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE SAME, TO COASTAL STATES CRUDE GATHERING COMPANY TO LAY, CONSTRUCT,
OPERATE, MAINTAIN, REPAIR AND REMOVE ONE (1) 12 -INCH NATURAL GAS PIPELINE
ACROSS A TRACT OF LAND KNOWN AS THE L.L. WOODMAN TRACT, IN THE CITY OF CORPUS
CHRISTI, MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENT, A COPY OF WHICH EASEMENT
IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR
PAYMENT OF THE FEE THEREIN PROVIDED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
ORDINANCE NO. 10733
AMENDING ORDINANCE NO. 8848 BY AMENDING SECTION 2 THEREOF 50 AS TO
AUTHORIZE THE ASSISTANT DIRECTOR OF FINANCE AND THE CHIEF ACCOUNTANT, IN
ADDITION TO THE CITY MANAGER AND DIRECTO 1 OF FINANCE, TO EXECUTE RELEASE OF
LIENS AFTER PAYMENT OF THE INDEBTEDNESS REPRESENTED BY SUCH LIEN; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano andStark, present and voting
"Aye".
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Regular Council Meeting
March 8, 1972
Page 7
ORDINANCE NO..10734
AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE
ACQUISITION OF A PORTION OF LAND OUT OF LOT 1, BLOCK 1, SOUTH CLARKWOOD
ACRES, FROM THE OWNERS, A. C. WHITLOCK AND WIFE, DOROTHY A. WHITLOCK, FOR
THE CLARKWOOD DITCH, S.H. 44 TO OSO CREEK, PROJECT NO. 295-67-46; APPROPRIATING
OUT OF THE NO. 295 STORM SEWER BOND FUND $336, OF WHICH $246 IS FOR THE COST OF
ACQUISITION AND $90 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS
AMENDED, BY DELETING THEREFROM ITEM 7 UNDER SECTION 21-155, THE SAME BEING
LOWER BROADWAY (WEST SIDE), BETWEEN PEOPLES STREET AND TAYLOR STREET; ADDING
TO SAID SECTION 21-155 NEW ITEMS SO AS TO HAVE THE EFFECT OF PROHIBITING PARKING
AT ALL TIMES ON THE NORTH SIDE OF DODDRIDGE STREET, BETWEEN TOPEKA STREET AND
ALAMEDA STREET; ON THE SOUTH SIDE OF DODDRIDGE STREET, BETWEEN ALAMEDA STREET
AND A POINT 700 FEET EAST OF ALAMEDA STREET; AND ON THE WEST SIDE OF JACQUELYN
STREET, BETWEEN EVERHART ROAD AND SAM STREET; AMENDING SECTION 21-156 OF THE
CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY MAKING PROVISIONS FOR NEW ITEMS
SO AS TO FORBID THE STOPPING, STANDING OR PARKING OF VEHICLES ON THE NORTH
SIDE OF DODDRIDGE STREET BETWEEN OCEAN DRIVE AND TOPEKA STREET BETWEEN 4:00 P.M.
AND 6:00 P.M., AND ON THE SOUTH SIDE OF DODDRIDGE STREET BETWEEN OCEAN DRIVE
AND A POINT 700 FEET EAST OF ALAMEDA STREET BETWEEN 7:00 A.M. AND 9:00 A.M.;
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to the second reading by the
following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 10735
AUTHORIZING THE CIN MANAGER TO EXECUTE CONSENT AGREEMENTS BETWEEN THE
CITY OF CORPUS CHRISTI AND THE TEX-MEX RAILWAY COMPANY AND THE UNITED STATES
GOVERNMENT IN CONNECTION WITH CONSTRUCTING A REINFORCED CONCRETE BOX
CULVERT NEAR STATION 482+70, SAID CULVERT BEING NECESSARY FOR DRAINAGE OF THE
GARDENDALE PROJECT NO. 295-70-64; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
Minutes
Regular Council Meeting
March 8, 1972
Page 8
ORDINANCE NO. 10736
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PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT
ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN
TRACTS OF LAND, A MAP OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO,
WITHIN THE OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI AND THE CITY OF PORT ARANSAS, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS,
BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "B,", ATTACHED HERETO AND MADE A
PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING
PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERA-
BILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
ORDINANCE NO. 10737 (Failed to pass)
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 DAVID BERLANGA, SR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING
ON LOTS 10 AND 11, BLOCK 7, SAN DIEGO, UNIT #1, SITUATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO
"A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE
EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE-
WITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance failed to pass by the following
vote: Bosquez, Gonzales and Lozano voting "Aye"; Sizemore, Bonniwell, Branch and Stark
voting "Nay".
ORDINANCE NO. 10738 (Failed to pass)
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 FLOYD H. TRUDEAU BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
LOT 15, BLU(F ESTATES, UNIT t1, SITUATED IN THE CITY OF CCR PUS CHRISTI, NUECES COUNTY,
TEXAS, FROM "R -1B" 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 failed to pass by the following
vote: Bosquez, Gonzales and Lozano voting "Aye"; Sizemore, Bonniwell, Branch and Stark
voting "Nay".
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Regular Council Meeting
March 8, 1972
Page 9
r
Mayor Sizemore called for petitions or information from the audience on matters not
scheduled on the agenda.
Mr. Brent Davis, 511 Ayers Street, representative for the New Light Communitarian
Church, appeared and urged the Council to adopt a more lenient policy relative to the enforce-
ment of marijuana laws. He stated that in view of the pending legislation by the State or.
Federal Government to reduce the penalties, the City should declare a moratorium and instruct
the Police Department to "stop their reign of terror" and cease making arrests for simple possession
of marijuana. He stated that young men are being placed I "torture dungeons" with persons
charged with more serious offenses, are being subjected to conditions which should not be allowed,
and are being penalized far beyond their sentences. He stated that marijuana is not a narcotic and
is not harmful; that young citizens are being forced to be immersed in a drug culture where they
will encounter stronger drugs, and stated that if alcohol were illegal, the same situation would
exist. He urged the Council to pursue the idea expressed last week of setting up a committee of
150 to meet with these groups and discuss the marijuana laws.
Mayor Sizemore stated he did not recall saying he wanted to set up a committee of 150,
but that he did say he wanted more information and that the Council wanted to look further into
the laws. He pointed out that so far as the City is concerned possession of marijuana is a mis-
demeanor and is a felony offense of the State.
City Attorney Jim Riggs stated the City is involved with the enforcement of the State law
and explained the procedures for enforcement of these laws. He stated there is no action the City
can take to nullify the State low.
Mr. James Lisenby, 425 Upper Broadway, stated the Staff of the Drug Abuse Council
would be glad to help in any way possible to inform the public about drug abuses. He stated
use of drugs is. a growing problem, is not receiving the recognition and response it deserves and
that the present public approach, perhaps due to its association with the medical profession, can
only hamper and not help. He stated the public is being fed ?!a lot of garbage" and too much
propaganda, and young people will turn a deaf ear when more important propaganda is necessary
and could cost them their lives. He stated he had been involved with drugs since he was twelve
years old and did not feel he had been harmed; that the use of marijuana was no more harmful than
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Regular Council Meeting
March 8, 1972
Page 10
nicotine or alcohol, and that there are more deaths attributed to alcohol than marijuana. He
stated he had been hired as a "street worker" and that these are the opinions of many people on
the streets. He presented his statement in writing to the Mayoremphasizing that the views therein
are his and not those of the Drug Abuse Council.
Mayor Sizemore stated that the Council could not givelan answer at this time and would
not promise to repeal the ordinances, but would attempt to seek more information.
Mr. Jacinto Lira, representing the Austin Neighborhood Council, appeared and urged
the Council to follow through on a previous action to improve the three -lot park in the Austin
School area. He presented a drawing of what they had hoped would be constructed in the park.,
and stated the youth of the Austin Neighborhood Council would help to build what is shown on the
chart if the Council would give their permission.
Mrs. Lilly Lira appeared representing the Austin Neighborhood Council and questioned
the fact that the parkin this area was not mentioned in the newspaper along with other parks to
be improved, and expressed concern that possibly it had been deleted from the program.
City Manager Townsend explained that the development of this park is one of the projects
included in this year's program; that money is available, and construction is ready to begin soon.
He stated he would be happy for a member of the City Staff to meet with the Youth Council and
explain in detail what is being planned for the park development. Mr. Lira stated this would be
agreeable and stated the group meets at 421 Virginia every Thursday evening at 6:30.
Mr. John L. (Honest John) Bagwell, 1650 17th Street, appeared and urged the Council to
proceed with efforts to obtain a long-term water supply for the City, pointing out that bond issues
for schools, etc., are important but not nearly as important as our water supply. He pointed out
that he has seen the Lake down to 68 feet and when that low, the evaporation is greater than the
consumption, and that this City would be in serious trouble if we had two consecutive dry seasons.
He stated that for 40 years he had watched this issue pass from one Council to another and the time
had come when something had to be done. He stated he felt the Water Board should be controlled
by the City.
Mayor Sizemore and City Manager Townsend agreed with Mr. Bagnall that the water supply
is a serious problem which will have to be resolved in the 1970s, that the City has been working on
it for eleven years and a project of this magnitude usually requires about 15 years.
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Regular Council Meeting
March 8, 1972
Page 11
411.
Following a brief recess, Mayor Sizemore reconvened the meeting and announced the
scheduled public hearings on five zoning applications. Commissioners Bonniwell and Bosquez
departed the meeting at this time.
City Manager Townsend presented Application #272-1, Two Way Land Company, for
change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District
to "T-1" Mobile Home Subdivision, on a 11.20 -acre tract of land out of Lots 6, 7, and 8, Section
56, Flour Bluff & Encinal Farm & Garden Tracts, located south of the 300 Block of Skipper Lane
and Valerie Street and north of Jester Street. He explained that the request was heard by the
Planning Commission February 1, 1972, and forwarded to the Council with the recommendation that
it be denied because the property is located in a flood hazard area, it is in very close proximity
to the flight pattern of the Naval Air Station and, further, not suitable for residential develop-
ment. The Staff concurred in this recommendation.
Mr. Eddie Savoy, owner of Two Way Land Company, spoke in opposition to the recom-
mendation of the Planning Commission, and described the proposed development of the property
from a map which he stated had been presented to the Planning Commission. He stated he is
aware that because of a recent amendment to the Building Code, all structures would have to
be erected at a 12 -foot elevation. He stated the land is low and not suitable for residential
development, but that they had presented a plan to the Plannirg Commission whereby the land
would be dredged and raised to the proper elevation so as to be suitable for mobile homes and
had contemplated on having some water -oriented lots by construction of channels through the
property. He stated that they are also aware that the property is located under the flight pattern
of the Naval Air Station, but pointed out that airplanes fly all over the Flour Bluff area and that
people are still buying single family lots and other mobile homes developments, are doing very
well in spite of the air traffic. He stated this area is more out of the flight pattern than some
other mobile homes. He stated the property is not platted but they plan to plat contingent on the
outcome of this hearing. He stated he would be eligible for flood insurance.
City Manager Townsend pointed out that when the property is platted something will have
to be done about the streets including Valerie Street which does not show on the groupd. It was
also pointed out to Mr. Savoy the expense of dredging to bring the property to proper elevation.
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Regular Council Meeting
March 8, 1972
Page 12
Mr. Townsend read the letter from the Navy stating their opposition to any increase in population
in close proximity to the Naval Air Station.
Motion by Lozano, seconded by Branch and passed, that the hearing be closed.
Motion by—Stark, seconded by Lozano and passed, that the recommendation of the Planning
Commission not be concurred in and that Application /272-1, Two Way Land Company, for change
of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "T-1"
Mobile Home Subdivision, on a 11.20 -acre tract of land out of Lots 6, 7 and 8, Section 56,
Flour Bluff & Encino! Farm & Garden Tracts, be approved as requested, and that an ordinance be
brought forward effectuating the change.
City Manager Townsend presented Application /272-3, Hutch Bryan, for change of zoning
from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion of
Lot 8, Block H, Flour Bluff Estates, located on the east side of the 400 Block of Mounts Drive,
north of South Padre Island Drive. He stated the request was heard by the Planning Commission
February 1, 1972, and forwarded to the Council with the recommendation that it be approved on
the basis that it would provide additional property for future expansion, would allow better utilization
of all the applicant's property, and would be more in conformance with the depth of the "B-4" zoned
properties to the west across Mounts Drive. The Staff concurred in this recommedation.
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 Branch and passed, that the recommendation of the
Planning Commission be concurred in and that Application /272-3, Hutch Bryan, for change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a portion
of Lot 8, Block H, Flour Bluff Estates, be approved as requested, and that an ordinance be brought
forward effectuating the change.
City Manager Townsend presented Application /272-4, Dr. Jack McKemie, for change
of zoning from "A-2" Apartment House District to "AB" Professional Office District on approxi-
mately 2.98 -acres out of Lot B, Tract 2, Hospital Tract Subdivision, located in the 3500 Block
of South Alameda Street, immediately adjacent to the Crippled Childrens Hospital. He explained
that the request was heard by the Planning Commission February 1, 1972, and forwarded to the
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Regular Council Meeting
March 8, 1972
Page 13
Council with the recommendation that it be approved as requested. The Staff recommended that
"AB" be denied, but in lieu a Special Permit be granted according to a site plan, on the basis
that under the "AB" use the applicant would be required to erect a standard screening fence
along three sides of the property which would destroy the campus -type atmosphere within this
area. The Staff's comments were that the "AB" use would blend in with the present facilities
and would be a favorable type use for this tract.
Mr. J. W. Gary, attorney representing the applicant, stated that since the Commission
hearing, they have satisfied themselves that there would be no loan problems for a special permit
and that the applicant had deckled he would prefer this in order to avoid construction of the
fence which would be required with the; "AB" uses. He stated the deed restrictions would be
more restrictive and they would be happy to accept the special permit.
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Stark, seconded by Gonzales and passed, that the hearing be closed.
Motion by Branch, seconded by Lozano and passed, that the recommendation of the
Planning Commission not be concurred in and that Application 0272-4, Dr. Jack McKemie, for
change of zoning from "A-2" Apartment House District to "AB" Professional Office District
on approximately 2.98 -acres out of Lot B, Tract 2, Hospital Tract Subdivision, be denied, but
in lieu thereof, a Special Permit be granted according to an approved site plan, and that an
ordinance be brought forward effectuating the special permit.
City Manager Townsend presented Application #272-5, Donald R. Young, for change of
zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on all of
Lots 22 & 23, Block 1, Alameda Park, located on the northeast corner of the intersection of
Gertie Street and Roberts Drive. He explained that the request was heard by the Planning Com-
mission February 1, 1972, and forwarded to the Council with the recommendation that it be denied
on the basis it would be an encroachment into an established residential area. The Staff concurred
in this recommendation. The 20% rule is in effect.
Mr. Donald Young, applicant, spoke in opposition to the recommendation of the Planning
Commission, stating that he had made the application for rezoning because he was advised by the
Staff of the Planning Department that he should do this in order to continue the use of his garage
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Regular Council Meeting
March 8, 1972
Page 14
for storage of copper pipe and other plumbing materials which is in violation of the zoning
ordinance. Mr. Young explained that he had used this double garage for storage for the past
14 years; that his plumbing business is located directly across the alley from this garage and that
the rear of the garage opens onto the alley facing the back of his property. He stated he parks
one pick-up truck on the side; that there is no outside storage; that the alley is cleaner than any
other on the street; that there is a 6' redwood fence separating the garage from the residences;
that there has never been a complaint from any of the neighbors, and he feels he is being dis-
criminated against and that he will be put out of business.
City Manager Townsend stated that there were protests as reflected from notices mailed
before the Commission hearing; that of twenty-eight noticesmdlyd,five were received in favor and
six in opposition.
Mr. Young stated that he has property located in another pa -t of town which he antici-
pates establishing his plumbing business, but that is of no help to him if he is forced to discontinue
the use of the garage now. He stated he probably could move his business some time this year.
City Manager Townsend stated that it had come to his attention that the garage is not
located on the property and is a second building which is a clearer case in violation, but that
if the applicant has been conducting this business there for 14 years, a reasonable phase out would
be inklicated and the problem could be worked out with the City Inspectors.
Motion by Branch, seconded by Stark and passed, that the hearing be closed.
Motion by Branch, seconded by Stark and passed, that Application #272-5, Donald R.
Young, be tabled for further consideration.
City Manager Townsend presented Application #272-6, A. L. Rankin, for change of zoning
from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on approxi-
mately a 2.9 -acre area out of the Paisley Subdivision (A.L. Rankin Tract). He explained that
the Planning Commission heard the request February 1, 1972, and forwarded it to the Council with
the recommendation that it be approved subject to deed restrictions against a dance hall, beer
tavern, and on -premise consumption of alcoholic beverages, because the assessed taxes on this
property are for business uses, the increased traffic flow along this major thoroughfare; and this is
a good location for business property. He stated the Staff's comments were that this entire area is
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Regular Council Meeting
March 8, 1972
Page 15
developed with single-family dwellings and if this zoning is granted it will create a continuous
strip of business zoning along this major street and each business that located within this area
will hove a minimum of two-driveWay cuts for each use, thus ingress and egress of traffic would
be hazardous at each deiveway cut and would also cut down on the traffic carrying capacity of
this major thoroughfare, and therefore recommends that "B-1" be denied, but in lieu thereof,
"AB" be granted, which would create less traffic generation because of the professional office use.
Larry Wenger, Senior Planner, stated that the applicant had submitted a plat to the
Planning Commission February 15, 1972, which was approved as submitted, but that the plat had
not been filed for record.
Mr. Daniel Yantis, 4738 Bluebell, spoke in opposition stating that Inwood Village and
Prescott Village Subdivisions are established residential areas and this would be an encroachment
into a residential neighborhood. He pointed out that Gollihar Road is narrow and presently very
congested and the proposed businesses would further increase the'trgffic hakards. He stated the
residents in the area would prefer "AB" Professional Uses if it cannot be developed for single-
family residences. He pointed out that under the "B-1" classification some of the vacant lots
could be used for a lounge.
Mayor Sizemore stated he had received a telephone call from Mr. Noe Gonzales, 4514
Bluebell opposing the request for "B-1" zoning on the grounds it would increase traffic.
Mr. Marlin Giles, attorney representing Dr. Roberto Bosquez, spoke in opposition stating
i
that"his client was required to dedicate a 20 -foot easement for the right-of-way to Gollihar, and
would like Mr. Rankin to be required to dedicate a 20 -foot easement for his purpose also and that
the plat should reflect this dedication. He pointed out that Gollihar Road narrows from the
Prescott Shopping Center to the Crosstown Expressway resulting in a vary hazardous condition that
would be resolved by the 20 -foot dedication. He stated that the applicant has shown on his plat
this 20 -foot dedication and their opposition has been withdrawn.
Mr. John Waller, attorney representing the applicant, spoke in favor of the request and
presented pictures of the property from several different directions. He stated he had represented
Mr. Rankin at the Commission hearing and had presented six reasons for this request (1) property
fronts on a major traffic artery; (2) property abuts "B-1" Neighborhood Business development;
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Regular Council Meeting
March 8, 1972
Page 16
(3) the Freeway abuts and is overhead; (4) property is still vacant 15 years after surrounding
subdivisions are fully developed, indicative of incorrect zoning; (5) there is a demand for business
uses and there has never been an offer to purchase the property for residential development; and
(6) the City treats the property as business property for taxation and paving assessment purposes.
He stated that the applicant would not permit a business to sell beer or liquor for on -premises
consumption, and y✓ould file deed restrictions to this effect and that this be made a requirement
of the "B-1" zoning. Mr. Waller stated that he had made a survey of the surrounding residents
if they would be opposed to the "B-1" zoning if the land cannot be used for dance halls, beer
tavems, or on -premises consumption of alcoholic beverages (beer, wine or liquor), and that he
received eight in favor and none in opposition. Mr. Waller stated that Mr. Yantis' opposition
does not reflect the sentiment of most of the residents.
Motion by Gonzales, seconded by Branch and passed, that the hearing be closed.
Motion by Gonzales, seconded by Stark and passed, that the recommendation of the
Planning Commission be concurred in and that Application #272-6, A. L. Rankin, for change
of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District
on approximately a 2.9 -acre area out of the Paisley Subdivision (A. L. Rankin Tract), be
approved subject to deed restrictions against a dance hall, beer tavern, and on -premises con-
sumption of alcoholic beverages, and that an ordinance be brought forward effectuating the
change.
There being no further business to come before the Council, the meeting was adjourned
at 5:15 p.m., March 8, 1972.