HomeMy WebLinkAboutMinutes City Council - 06/21/1972PRESENT:
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MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
June 21, 1972
3:00 P.M.
Mayor Pro Tem Chas. A. Bonniwell
Commissioners;
Roberto Bosquez, M. D.
Rev. Harold T. Branch
Thomas V. Gonzales
Gabe Lozano, Sr.
J. Howard Stark
City Hall.
Chaplain.
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City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary T. Ray Kring
Mayor Pro Tem Bonniwell called the meeting to order in the Council Chamber of the
The Invocation was given by Commissioner Branch in the absence of the invited Guest
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Stark, seconded by Gonzales and passed, that the absence of Mayor Sizemore
be excused for cause.
Representatives from the U. S. Army Material Group, Col. H. L. Baker and Lt. Col. Bruce
Crowell, presented Mayor Pro Tem Bonniwell with a plaque and scroll made by the officers and
men aboard the "Corpus Christi Bay", expressing appreciation for the continued interest and
understanding support of the City Council and citizens of Corpus Christi to the personnel aboard
the USNS Corpus Christi Bay. They also presented a painting of the ship which is now in opera-
tion off the coast of South Vietnam.
Minutes of Regular Meeting of June 7, 1972, were approved as presented to Council.
Mayor Pro Tem BonniwelI coiled for the opening of bids.
City Manager stated it was his recommendation that the bids scheduled to be opened
at this time on the Corpus Christi Marina Improvements - Concession Stand, Bait Stand and
Transformer Vaults Remodeling - be deferred one week to provide more opportunity for bid
preparation, and that bidders having submitted bids today hove the option of either taking the
bid back or leave with the City Secretary to be opened next week.
City Attorney Riggs questioned the legality of deferring the bid opening, stating
the bidder is put in the position of waiting for further competition which does not seem fair.
City Secretary Kring reported that one bid had been received and that the bidder
had indicated he had not had sufficient time to prepare the bid.
Motion by Lozano, seconded by Stark and passed, that the opening of bids for the
Corpus Christi Marina Improvements be deferred for one week.
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Minutes
Regular Council Meeting
June 21, 1972
Page 2
Bids were opened and read by Director of Engineeririg Services for the Clarkwood,
San Juan and McNorton Sanitary Sewer Improvements, Contract No. 2, from the following
firms: Heldenfels Brothers; King Construction Company; T. H. Lee; Maverick Construction;
Burtex Construction Company; Cactus Utility Company; and Arnold Utility Contractors.
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 Pro Tem Bonniwell called for the City Manager's Reports.
Motion by Stark, seconded by Gonzales and passed, that the City Manager's
Reports, Items "a" through "j" be accepted, and that the requests and recommendations be
granted and approved as follows:
a. That a contract for one Portable Basketball Floor less storage for Memorial
Coliseum be awarded to Cincinnati Floor Company for their low bid of $16,500.00, bids
having been received from three firms. (Bid Tabulation 0.II-72)
b. That West Shoreline Boulevard (Rincon Street) between the north right-of-way
line of Carroll Street and the easterly extension of North Boundary line of Lot 2, Block 105,
Beach Portion, and Dan Reid Street between North Shoreline Boulevard (Rincon Street) and
the northerly extension of the east boundary line of Lot 7, Block 93, Beach Portion in the
Science Park area, be closed subject to retention of utility easements in the Science Park
area. The public hearing was held September 22, 1971, but the streets have not been formally
closed, which must be accomplished in order to clear title in this area to the Corps of Engineers'
property.
c. That the City Manager be authorized to execute a quitclaim deed for certain
property in the Science Park area to the Corps of Engineers, which deed involves a very small
strip in Dan Reid Street and North Shoreline Boulevard (Rincon Street).
d. That the revocable permits granted to Republic National Life Insurance Company
and Shoreline Corporation on June 7, 1972, for construction of temporary groins in Corpus
Christi Beach area be assigned to Tim Clower, Trustee, and Condominiums Corpus Christi, Ltd.
respectively, because of a change of ownership of the properties.
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Minutes
Regular Council Meeting
June 21, 1972
Page 3
e. That Parcel No. 6, required for the construction of Staples -Baldwin Intersection
and needed at the corner of Swantner and Louisiana to provide better right-hand turn movement
where Swantner is to be widened at this location, be acquired from Mr. W. J. Roberts, and
that an appropriation in the amount of $257.00 for acquisition, be authorized. The project is
part of the TOPICS Program and jointly financed by the City and the State Highway Department.
f. That the construction of an addition to T. C. Ayers Recreation Center by Lee
Roy Cole Construction Company be accepted as complete and final payment in the amount of
$15,364.21, be authorized, the total amount of the contract being $49,234.00.
g. That the City Manager be authorized to execute a contract -application with the
National League of Cities-U.S.Conference of Mayors for $6,300.00 to provide a Summer
Youth Transportation Program, with the City's share being $1,575, all in-kind. The project
will provide employment, related transportation for disadvantaged youth and also transpor-
tation for Recreation Support Program.
h. That the 1971-72 Budget for Police Administration be amended to substitute a
Police Commander for an Administrative Assistant II, since recruitment for a non -police
individual has not located the combination of experience and education deemed necessary
for the position, and capability does appear to exist at the Commander level to carry out
this assignment.
i. That the franchise of Courtesy Advertising Company to provide public service
benches for the City Transit customers be extended for an additional five years. The franchise
holder pays to the City 10 percent of the gross receipts received for advertising, and the
revenue for the past year was $2,935.13.
j. That the City Manager be authorized to execute contracts for construction of
improvements to Lexington Park, Pine and Pueblo Park, and T. C. Ayers Parking Lot, as
follows: (I) General Improvements, to E J. Netek for $28,400.00; (2) Irrigation Improve-
ments, to South Texas Lawn Sprinkler Company, for $22,000.00; and (3) Landscaping
Improvements, to Curries, Inc., for $7,600.00; for a total amount of $58,000.00 for the
three contracts; and that an appropriation of $58,000, of which $56,043.36 is for the
construction contracts and $1,956.64 for contingencies, be authorized. Federal Funds under
the Urban Beautification Act will provide $28,021.67 for these projects.
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Minutes
Regular Council Meeting
June 21, 1972
Page 4
City Manager Townsend presented the pending zoning application #1171-10, Santa Fe
Land Company, for change of zoning from "AB" to "B-5" on all of Block III, Ocean View
Addition, on which a public hearing was held on December 22, 1971, and a Special Permit
approved subject to an approved site plan. He explained that the six -months time limitation
for Council action on this case will expire as of this date and that the applicants have indicated
they are not in a position to submit a site plan.
Motion by Lozano, seconded by Branch and passed, with Gonzales and Bonniwell
voting "Nay", that Application #1171-10, Santa Fe Land Company, for change of zoning
from i'AB" to "8-5" on all of Block III, Ocean View Addition, be denied and in lieu thereof
"B-4" General Business District be granted, and that an ordinance be brought forward effec-
tuating the change.
City Manager Townsend presented the pending item of zoning Application #472-5,
Generosa Vasquez, for change of zoning from "R -IB" to "B -I", on all of Lot 15, Block 1,
Casa Blanca Subdivision, on which a public hearing was held May 17, 1972, and approved
providing deed restrictions are filed restricting the on -premise sale of alcoholic beverages.
He stated that the deed restrictions to this effect have been submitted, and it is his recommen-
dation that an ordinance be brought forward. The Council concurred with the recommendation.
ORDINANCE NO. 10923
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT LEASING
THE SPACE, BUILDING AND FIXTURES KNOWN AS THE ART MUSEUM BUILDING AT 902 PARK
AVENUE TO THE ART COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS AND CON-
DITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, MARKED EXHIBIT "A",
The foregoing ordinance was read for the third time and passed finally by the
following vote: Bonniwell, Branch, Bosquez, Gonzales, Lozano, Stark, present and voting "aye
Sizemore was absent.
SECOND READING OF AN ORDiNANC'c AMENDING THE CORPUS CHRISTI CITY CODE, 1958,
AS AMENDED, AND PARTICULARLY AND WITHOUT LIMITATION, THE CITY OF CORPUS
CHRISTI ZONING ORDINANCE ADOPTED ON AUGUST 27, 1937, RECORDED IN VOLUME 9,
PAGE 565, ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI,
TEXAS, AS THEREAFTER FROM TIME TO TIME AMENDED, INCLUDING BUT NOT LIMITED TO
THE AMENDMENT OF ORDINANCE NO. 6106, OF MARCH 29, 1961, AS AMENDED; AND
MORE PARTICULARLY AMENDING SAID CODE AND ORDINANCE BY THE REPEAL OF
ARTICLE 28. LARGE-SCALE DEVELOPMENTS -- THE COMMUNITY UNIT PLAN; AND SUB-
STITUTING FOR AND IN LIEU OF SAID ARTICLE 28 A NEW ARTICLE 28. PLANNED UNIT
DEVELOPMENTS; STATING SCOPE AND PURPOSE; APPLICABILITY AND LIMITATIONS;
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Minutes
Regular Council Meeting
June 21, 1972
Page 5
DEFINING TERMS; FIXING MINIMUM REQUIREMENTS ON LOT SIZES, PERMITTED USES,
DENSITY, HEIGHTS AND PERIPHERAL YARD REQUIREMENTS, VEHICULAR ACCESS AND
CIRCULATION; PARKING STANDARDS, PEDESTRIAN ACCESS, BUILDING SPACING,
SUBDIVISION DESIGN STANDARDS, COMMON AREA CONTROL, ZONING APPLICA-
TION PROCEDURE, PUD PLATTING, THE PLAN OF DEVELOPMENT, PLAN REVIEW AND
APPROVAL PROCEDURE, AND CHANGE -OF -PLAN PROCEDURE; KEEPING ALL OTHER
PROVISIONS OF CITY ORDINANCES IN FULL FORCE AND EFFECT; PROVIDING PENAL-
TIES; PROVIDING FOR NOTICE BY PUBLICATION; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING SEVERABILITY,
The foregoing ordinance was read for the second time and passed to third reading
by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present
and voting "aye"; Sizemore was absent.
FIRST READING OF AN ORDINANCE EXTENDING THE BENCH FRANCHISE GRANTED TO
ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, BY ORDINANCE NO. 8046
AND EXTENDED BY ORDINANCE 8565, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING
JUNE I, 1972, AND ENDING MAY 31, 1977; CONTINUING IN EFFECT THE SAID FRANCHISE
HERETOFORE GRANTED.
The foregoing ordinance was read for the first time and passed to second reading
by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present
and voting "aye"; Sizemore was absent.
ORDINANCE NO. 10924
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO TIM CLOWER,
TRUSTEE, TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING ALL OF
BLOCKS 4 AND 5 OF THE CORPUS CHRISTI BEACH HOTEL ADDITION, FOR THE PURPOSE
OF CONSTRUCTING TEMPORARY GROINS TO CONTROL EROSION OF THE PRIVATE AND
PUBLIC PROPERTY, A COPY OF SAID PERMIT BEING ATTACHED HERETO AND MADE A
PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
ORDINANCE NO. 10925
AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO CONDOMIN-
IUMS CORPUS CHRISTI, LTD. TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE
ABUTTING BLOCK A OF A REPLAT OF BLOCKS 14, 15, 16, 17, 30, 31 AND 32 in BROOKLYN
ADDITION, FOR THE PURPOSE OF CONSTRUCTING TEMPORARY GROINS TO CONTROL
EROSION OF THE PRIVATE AND PUBLIC PROPERTY, A COPY OF SAiD PERMIT BEING
ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
Minutes
Regular Council Meeting
June 21, 1972
Page 6
ORDINANCE NO. 10926
AUTHORIZING THE CITY MANAGER TO EXECUTE A SUB -CONTRACT WITH THE NATIONAL
LEAGUE OF CITIES-U.S.CONFERENCE OF MAYORS, INC. FOR THE 1972 SUMMER YOUTH
TRANSPORTATION PROGRAM, CONTRACT NO. 11-2-0529-000, A COPY OF WHICH IS
ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
ORDINANCE NO. 10927
CLOSING A PORTION OF NORTH SHORELINE BOULEVARD (RINCON) BETWEEN HIRSCH
STREET AND LOT 2, BLOCK 105, POPE AND ANDERSON, AND THE PORTION OF DAN
REID STREET LOCATED BETWEEN N. SHORELINE (RINCON) AND LOT 7, BLOCK 93, BEACH
PORTIONS, LOCATED IN THE BAYFRONT SCIENCE PARK; RESERVING THE NECESSARY
EASEMENTS FOR EXISTING UTILITIES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
ORDINANCE NO. 10928
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, TO EXECUTE A QUIT CLAIM DEED IN CERTAIN DESCRIBED
PROPERTY IN THE SCIENCE PARK AREA TO THE UNITED STATES OF AMERICA (CORPS OF
ENGINEERS) IN ACCORDANCE WITH THE ATTACHED QUIT CLAIM DEED WHICH IS MADE
A PART HEREOF BY REFERENCE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
ORDINANCE NO. 10929
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CURRIE, INC. FOR
THE CONSTRUCTION OF LANDSCAPING IMPROVEMENTS IN LEXINGTON PARK, PINE
& PUEBLO PARK AND T. C. AYERS PARKING LOT; APPROPRIATING OUT OF NO. 291
PARK BOND FUND $7,600 ($7,323.68 BEING FOR THE CONSTRUCTION CONTRACT AND
$270,32 FOR CONTINGENCIES AND INCIDENTAL EXPENSES); OF SAID TOTAL APPRO-
PRIATION, $1,460.15 IS FOR LEXINGTON, PROJECT NO. 291-70-10-6 ($1,407.65 BEING
FOR CONSTRUCTION CONTRACT AND $52.50 FOR CONTINGENCIES), $361.10 IS FOR
PINE AND PUEBLO PARK, PROJECT NO. 29!-70-!8 ($347.28 BEING FOR CONSTRUCTION
CONTRACT AND $13.82 FOR CONTINGENCIES), $5,778.75 i5 FOR T. C. AYERS PARK,
PROJECT NO. 291-70-19 ($5,568.75 BEING FOR CONSTRUCTION CONTRACT AND $210
BEING FOR CONTINGENCIES); AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
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Minutes
Regular Council Meeting
June 21, 1972
Page 7
ORDINANCE NO, 10930
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. J. NETEK
CONSTRUCTION COMPANY FOR GENERAL IMPROVEMENTS TO LEXINGTON PARK,
PINE & PUEBLO PARK, AND T. C. AYERS PARKING LOT; APPROPRIATING OUT OF
NO. 291 PARK BOND FUND $28,400 ($27,497 BEING FOR CONSTRUCTION CONTRACT
AND $903 BEING FOR CONTINGENCIES AND INCIDENTAL EXPENSES); OF SAID TOTAL
APPROPRIATION, $9,248 15 FOR LEXINGTON PARK, PROJECT NO. 291-70-10.6
($8,950 BEING FOR CONSTRUCTION CONTRACT AND $298 FOR CONTINGENCIES),
$17,895 15 FOR PINE & PUEBLO PARK, PROJECT NO. 291-70-18 ($17,327 BEING FOR
CONSTRUCTION CONTRACT AND $568 FOR CONTINGENCIES), AND $1,257 IS FOR
T. C. AYERS PARKING LOT, PROJECT NO. 291-70-19 ($1,220 BEING FOR CONSTRUC-
TION CONTRACT AND $37 FOR CONTINGENCIES); AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
ORDINANCE NO. 10931
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTH TEXAS
LAWN SPRINKLER COMPANY FOR THE CONSTRUCTION OF IRRIGATION IMPROVE-
MENTS IN LEXINGTON PARK, PINE & PUEBLO PARK AND T. C. AYERS PARKING LOT;
APPROPRIATING OUT OF NO. 291 PARK BOND FUND $22,000 ($21,222.68 BEING FOR
THE CONTRACT AND $777.32 BEING FOR CONTINGENCIES AND INCIDENTAL
EXPENSES); OF SAID TOTAL APPROPRIATION, $15,187,68 IS FOR LEXINGTON PARK,
PROJECT NO. 291-70-10.6 ($14,651.06 BEING FOR CONSTRUCTION CONTRACT AND
$536.62 FOR CONTINGENCIES), $3,894.64 I5 FOR PINE & PUEBLO PARK, PROJECT
NO, 291-70-18 ($3,757.03 BEING FOR CONSTRUCTION CONTRACT AND $137.61 FOR
CONTINGENCIES), AND $2,917,68 IS FOR T. C. AYERS PARKING LOT, PROJECT NO.
291-70-19 ($2,814.59 BEING FOR CONSTRUCTION CONTRACT AND $103.09 FOR CON-
TINGENCIES); AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
ORDINANCE NO. 10932
AUTHORIZING THE CITY MANAGER TO EXECUTE RIGHT-OF-WAY DEED AND DEDICA-
TION WITH W. J. ROBERTS FOR ACQUISITION OF PARCEL NO. 6 APPLICABLE TO
STAPLES STREET; BALDWIN INTERSECTION IMPROVEMENTS, PROJECT NO. 220-67-94;
APPROPRIATING OUT OF NO. 220 STREET BOND FUND $257 FOR THE ACQUISITION
OF PARCEL NO. 6; AND DECLARING AN EMERGENCY.
The Charter Rule wcs suspended and the foregoing ordinance was passed by the
following vote: Bonniwell, Bosquez, Broach, Gonzales, Lozano, and Stark, present and
voting "aye"; Sizemore was absent.
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Minutes
Regular Council Meeting
June 21, 1972
Page 8
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH CRYSTAL PETROLEUM COMPANY FOR A 5 -YEAR LEASE COVERING THE
OPERATION OF THE MARINA FILLING STATION, IN ACCORDANCE WITH THE TERMS OF
SAID CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND
MADE A PART HEREOF,
The foregoing ordinance was read for the first time and passed to the second read-
ing by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present
and voting "aye"; Sizemore was absent.
ORDINANCE NO. 10933
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 GENEROSA VASQUEZ BY AMENDING THE ZONING MAP BY CHANG-
ING THE ZONING ON ALL OF LOT 15, BLOCK I, CASA BLANCA SUBDIVISION SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY
DWELLING DISTRICT TO "B -I" 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: Branch, Gonzales, Lozano, and Stark, present and voting "aye"; Bonniwell
and Bosquez present and voting "nay"; Sizemore was absent.
ORDINANCE NO. 10934
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 SANTA FE LAND CO. BY AMENDING THE ZONING MAP BY CHANG-
ING THE ZONING ON LOTS 12 THRU 22, INCLUSIVE, BLOCK III, OCEAN VIEW,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB"
PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN
EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL-
ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Bosquez, Branch, Lozano, and Stark, present and voting "aye"; Bonniwell
and Gonzales Gresent and voting "nay"; Sizemore was absent.
Mr. W. W. Dominy, 4013 Key West Drive, appeared in reference to the City's
ordinance which requires that property zoned for iignt industrial uses be screened with a
standard screening fence. Mr. Dominy stated he had recently purchased twenty acres of
land which was platted as a one -lot subdivision and that he plans to build an office on the
property. He explained that the property is located on Old Brownsville Road about one-half
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Minutes
Regular Council Meeting
June 21, 1972
Page 9
mile west of Padre Island Drive and is surrounded by farm land; that the land was designated
as single family use when it was annexed; that he now finds himself with a building that has
been delivered and no place to construct it because under the terms of the ordinance, the
fence required around the 20 acres would cost some $35,000 which is more than the cost of
the building and economically prohibits its construction. He stated he has no firm plans for
the development of the remainder of the tract. He stated he is not in a position to replat
the property. (Council Exhibit #6-72)
City Manager Townsend explained that Mr. Dominy has one 20 -acre lot which
abuts "R -IB" and that according to the ordinance the fence would be required but agreed
that this seems unreasonable in this instance. He stated the problem could be resolved by
either replatting into two lots, by text amendment to rezone the surrounding area to follow
the normal procedures of a zoning application, or a special permit with a fence around the
building.
The Council directed that the City Manager bring forth a recommendation for
consideration at the workshop meeting next week and that Mr. Dominy be invited to attend.
Mr. Wm. Liese, 4233 Shaw Street, appeared and complained that he had
tried for three months to get a vacant lot next to his property cleaned of weeds and brush
with no result. He stated he had made his complaint to the Mayor's Office, the Weed
Control Division, and to Sparkle '70. He also complained of a traffic hazard at the nearby
intersection, and requested that signs be erected on both sides of the street warning motorists
to slow down.
City Manager Townsend explained the legal procedures and length of time
necessary to force owners to clean vacant lots, usually from six to eight weeks.
Mayor Pro Tem Bonniwell requested that the City Manager make arrangements
to have the lot cleaned next week. C'y Manager Townsend stated that he would do his best,
Commissioner Branch called to the attention of the City Manager a drainage
condition in the West Haven area, stating the subdivision had been developed at the rear of
this area and had been graded higher than the adjacent property, and that water is draining
and standing in the back yards of the residents.
Minutes
Regular Council Meeting
June 21, 1972
Page 10
City Manager Townsend explained that the Staff is aware of this problem and
presently in the process of requiring a subdivider to so drain his property so it will not drain
across adjacent property. He stated the problem will be further investigated and a report
submitted next week.
Mayor Pro Tem Bonniwell announced the public hearing on assessments for
street improvements on Airline Road from 300' north of Alameda Street to Ocean Drive.
City Manager Townsend stated the purpose of the hearing and explained the
procedure to be followed; that testimony will be heard from the City Engineer and evalua-
tion testimony from a real estate appraiser to substantiate the assessments which appear on
the assessment roll; and that this hearing is to form a basis on which the Council, acting as
a legislative body, would determine or establish the assessments on the abutting properties.
Senior Assistant City Attorney, Michael May, conducted the hearing. He
interrogated Director of Engineering Services James K. Lontos as to his occupation, time
of residence in the City; formal qualifications, and familiarity with the subject project.
He called on Mr, Lantos to present the plans and specifications for the proposed improve-
ments.
Mr. Lontos described the overall project from a strip map; explained the nature,
extent and specifications; stated that the plans and specifications have been prepared in
accordance with the approved preliminary plans approved by Council action December 26,
1971; that the plans show Airline to be four moving lanes from Gaines to Ocean Drive with
a continuous left turn lane from Gaines to Alameda; a right tum lane is proposed at Airline
and Ocean Drive; the basic width k 49' measured from back of curb to back of curb, with
the width becoming 61' from Gaines to Alameda; that storm sewers, curb and gutter and
sidewalks are included; that the sidewalks are included along both sides of the street with
the sidewalk tied to the curb along the north side and the sidewalk along the property line
on the south side. He explained that the excavated material, other than broken concrete
or other undesirable materials, would be placed along the parks on Ocean Drive near South
Shores. He stated the total contract price, based on the low bid submitted by Heldenfels
Brothers was $148,919.10; the total estimated assessments were $49,710.60, and the total
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Minutes
Regular Council Meeting
June 21, 1972
Page 11
cost to the City was $109,208;50; that the assessment rates have been determined in accordance
with the present policy of the City by applying the unit prices obtained by the low bid to the
front footage of the abutting properties as shown on the preliminary assessment roll,
Mr. Harold Carr testified as to his qualifications as a real estate appraiser,
time of residence in the City, occupation, and familiarity with the subject project. He filed
a statement of his qualifications with the City Secretary. He described the general area and
uses, stating that he was familiar with the project, had examined each and every parcel of
land; that there are no unusual shaped lots and few unusual conditions; that all the properties,
other than the Seaside Memorial Cemetery and the South Shore Christian Church, either side
up or back up to Airline, and that adjustments have been made on the assessment roll. He
pointed out that the South Shore Christian Church fronts on Alameda and sides up to Airline
and that the Church uses the property abutting Airline as a parking lot. He stated he had
personally viewed the assessment roll relative to each of the properties, and that in his
opinion, each of the properties, so assessed, would be enhanced in value at least in the
amount of the assessment.
To substantiate his opinion that Seaside Memorial Cemetery would be benefited
in the amount of the assessment, Mr. Carr read and filed for record a statement, pointing out
that the cemetery will receive benefits from the program in that the amenities of the cemetery
and the adjoining neighborhood will be increased as shown by the landscaping; and that such
amenities aid in the sale of cemetery plots; that improved drainage, general appearance of
the cemetery, and the large portion which is undeveloped along Airline Rood will be
especially benefited by the street improvements.
Although no mention was made at the meeting, letters were filed for record
from the following persons on behalf of the Seaside Memorial Cemetery in opposition to the
opinion that the Cemetery would be benefited as a result of the improvements: Mr. Curtis
Hall, 322 Wilson Building; Mr. Roy Caldwell, realtor, P, 0. Box 6424; and Mr. Vaughn
Bowen, 517 Glazebrook. The opposition was generally on the basis that the land is dedicated
for a single purpose, the value before and after such improvements would remain constant,
and that no ingress or egress requirements will ever be needed from Airline Road.
•
Minutes
Regular Council Meeting
June 21, 1972
Page 12
Mr, Ken Loosemore, 4646 Wilma, inquired as to the plans for parking on either
side of Airline and was advised that "No Parking" signs will be erected for both sides of the
street,
Motion by Branch, seconded by Lozano and passed, that the hearing be closed
and tabled for evaluation of the foregoing testimony, Mayor Pro Tem Bonniwell requested
that the record show that he disqualified himself from voting relative to Item 08, shown on
the assessment Roll as Seaside Memorial Cemetery.
There being no Further business to come before the Council, the meeting was
adjourned at 4:30 p.m. June 21, 1972.