HomeMy WebLinkAboutMinutes City Council - 09/12/1973MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
September 12, 1973
2:00 P. M.
PRESENT
Mayor Jason Luby
Mayor Pro Tem James T. Acuff
Commissioners:
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
City Manager R. Marvin Townsend
City Attorney James R. Riggs
City Secretary T. Ray Kring
Mayor Jason Luby called the meeting to order in the Council Chamber of
the City Hall.
The Invocation was given by Reverend Albert C. Hemenway, Pastor of the
Covenant Presbyterian Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Acuff, seconded by Lozano and passed, that the Minutes of the
Regular Council Meeting of August 29, 1973, be approved as submitted to the Council.
Mayor Luby announced the issuance of proclamations relative to the follow-
ing: WORLD PEACE DAY, Monday, September 17, 1973; TOASTMISTRESS DAT, September 15,
1973; DIEZ Y SEIS DAY, Sunday, September 16,1973; MIGRANT AND SEASONAL FARM WORKERS
WEEK, September 10 through 16, 1973; and FIESTA MEXICANA DE CORPUS CHRISTI WEEK,
September 10 through 16, 1973.
Mayor Luby presented 30 -year Service Awards to the following City emploYees:
Mr. R. H. Goates, Maintenance Service Department, Equipment Mechanic II; and Mr. R. S.
Shirley, Fire Department, Firefighter.
City Manager Townsend presented for nomination to Boards & Committees, the
following:
Human Relations Commission (Youth) - Cleo LaRue, Cynthia Gutierrez, and
Bill Miller;
Jobs for Veterans Task. Force - Leslie O'Conner, Gilbert Chapa, Sam Sanchez,
Adan Alaniz, B. S. Spivey, Robert Lyon, Eddie Ginn, David Lozano, and Elzie Pilot;
La Retama Library Board - Mrs. Ardelia Young, Mrs. Stanley Hultman, and
Robert Wolter (reappointment);
Marina Board - Tom Bridges, Bill Holmes, and Lew Borden;
Municipal Arts Commission - Maurice Portis, Mrs. Laura Berry, Dick Bolden,
Mrs. Robert Flato, and Herminia Chavana (new appointments); and Joseph A. Cain, Jack
Solka, Mrs. Jim Gabbard, Antonio Garcia, Jim Boggs, and Margaret Heiberg (reappoint.
ments).
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Regular Council Meeting
September 12, 1973
Page 2
Citizens Committee for Community Improvement - Mrs. Ray Coleman, Mike
Edwards, and Mrs. Gordon Rindflish.
Motion by Lozano, seconded by Stark and passed, that the foregoing nomina-
tions for appointment and reappointment, be confirmed and approved.
Mayor Luby announced the public hearing on a proposed amendment to the
Airport Master Plan.
City Manager Townsend explained that the City has had available for study
a report entitled "Master Plan Study" prepared by Ralph H. Burke Inc., Airport Con-
sultants -Engineers -Architects of Chicago, which was prepared in 1970, and that this
study had been reviewed by the Airport Advisory Board and the City Planning Commis-
sion. The recommendation of the Airport Advisory Board was for only one runway
and concurs• with the recommendation of the Federal Aviation Administration that
consideration be given to only 3300 acres until some future study indicates a need
for additional runways; and that the Planning Commission's recommendation is that
the land be immediately acquired along the airport's perimeter specifically land area
fronting on Highway #44 for a total of 3900 acres emphasizing the importance of
acquiring this land for airport expansion prior to any developments taking place by
private interests to insure protection of the facility. Mr. Townsend explained
that the voters had approved a $500,000 bond issue in December of 1972 for airport
land acquisition, and the City hopes to obtain Federal funds for some 82 percent
of the total cost of acquisition. He further explained that land acquisition would
not be pushed at this time and the City would seek voluntary sales of the land by the
owners. He stated it is estimated that over $3 Million of land should be acquired
over the next few years; that the land will be utilized for a long period of time,
taxation will be removed, and lease of the land will provide a minimum of cost of
acquisition. He stated the Master Plan is submitted to the Council in the nature of
a public hearing.
Mrs. Benson, owner of a motel on Corpus Christi Beach, spoke in opposition
to expenditure of funds for expansion of International Airport, stating she felt
construction of a seawall on Corpus Christi Beach should take precedence over
Airport improvements. Mr. Townsend pointed out that the $500,000 bond issue money
was for a specific purpose.
Mr. John Kelly, owner of land around the airport questioned values the
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Regular Council Meeting
September 12, 1973
Page 3
City would place on property to be acquired and how much they would be willing to pay.
Mr. Townsend stated it is hoped!_that arrangements can be worked out with landowners as
to the value of the land and a reasonable timetable. He stated it was significant that
the City has a major water line running across the airport property.
Mr. Bill Wilder, Airport Manager, described the boundaries of the land in
question and pointed out the area::owned by the City and that to be acquired. He noted
that some is under cultivation and some partially occupied by the airfield. He pointed
out the area the City proposes to acquire and the easement where the City would pay for
the use and restriction of the land. He stated if the third runway is eliminated, the
line will be approximately along the City limits line.
Mayor Pro Tem Acuff stated he would endorse the two -runway plan on the basis
he felt future traffic would not require three runways, and would recommend the modified
plan for acquisition of 3300 acres. He pointed out that much of the traffic is from
private aircraft and there will be a definite slowing down of this type .of traffic
because of the expense incurred because of added restrictions of certain equipment.
Motion by Branch, seconded by Stark and passed, that the hearing be closed.
Motion by Acuff, seconded by Stark and passed, Luby voting "Nay", that the
Master Plan for development of the International Airport be approved to the extent
that two parallel runways be provided and that the City acquire approximately 3300
acres of land.
Mayor Luby called for the City Manager's Reports, and City Manager Townsend
presented requests and recommendations with related comments and explanations, as
follows:
a. That a public hearing be held on October 3, 1973, on the following son,
ing applications:
(1)
Julius Racusin, Robert Racusin, Paul Racusin & Miriam Racusin
Eidelberg - "R -1B" to "A-2", located on the northwest corner
of Glenmore & South Alameda Streets.
(2) Buford Nicholson - "R -1B" to "B-4", located on the southwest
corner of Greenwood & Trojan Drives.
(3) Dwight L. Smith, Jr. - "R -1B" to "B-1", located on the northwest
corner of Violet Road & Blades Street.
(4) Horton Glass Co., Inc. - "R -1B" to "I-2", located on both sides
of Gibson Lane north of State Highway #44.
b. Recommendation that Excess Liability Insurance for Wesley Seale Dam
for September 25, 1973 to September 24, 1974, be renewed with the present companies:
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Regular Council Meeting
September 12, 1973
Page 5
f. That the public hearing on the assessments for Elizabeth Street from
17th to 18th, 17th Street from Elizabeth to the Crosstown Expressway, and Prescott
Street from 17th to 18th Street, be closed and the assessment roll be adopted with
the correction of Item No. 32 to reflect zero assessment since the lot has little
value because of its configuration as recommended by the City's appraiser, Mr. Harold
Carr.
g. That Change Order No. 1 be approved to the contract with Asphalt Main-
tenance Company for the construction of 15th, 18th, Espinosa and Dolores Streets for
$73,640.00. The Change Order includes the addition of 17th Street from Elizabeth to
the Crosstown Expressway, Elizabeth Street from 17th to 18th Streets, and Prescott
Street from 17th to 18th Street. An appropriation of $77,000.00 is requested of
which $73,640.00 is for the construction contract and $3,360.00 is for contingencies
and incidental expenses. The construction of streets around the T. G. Allen School
will be coordinated so as to provide a mimimum of interference with school activities.
h. That the General Fund be reimbursed $35,184.95 for park improvements
completed by the Park Construction Crew from February 1, 1973 through July 31, 1973.
Appropriations of $29,816.78 are requested as follows:
Park Bond Fund -
South Bay Park
Stonegate Park
Airport Park
$29,340.98
134.15
341.65
$29,816.78
Park Trust Fund -
Nueces River Park $ 5,368.17
$ 5,368.17
y$35,184.95
i. That permission be granted to the LULAC Ladies Council #26 to hold
a Fiesta Mexicana de Corpus Christi celebration and that the 200 and 300 Blocks of
Chaparral Street, and 300 and 400 Block of Williams Street be closed to vehicular
traffic for this event from 6:00 p,m. Saturady, September 15, 1973 to 12:00 Mid-
night Sunday September 16, 1973. The required liability insurance policy has been
received. No opposition is anticipated from the Downtown Business District Asso-
ciation.
j. That the ordinance passed on March 28, 1973, authorizing a grant amend-
ment to delete the relocation of FM 763 from the Airport grant be revised to meet
the procedure requirements of FAA. The original ordinance did not specify that the
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Regular Council Meeting
September 12, 1973
Page 4
b. Cont'd:
Company Coverage Premium
Market Ins. Co. First Excess($400,000) $ 1,194.28
Mission Ins. Co. 2nd Excess ($1,000,000) 2,000.00
Total S 3,194.28
The 1973-74 premium represents a decrease of $124.62 from last year.
Market Insurance Company submitted the only quotation of four companies requested to
quote on the first excess coverage, and Mission Insurance Company submitted the lowest
quotation of three companies quoting on the second excess coverage. The two policies
provide a total of $1,400,000 excess liability coverage over the City's basic under-
lying general liability policy of $100,000-$300,000-$50,000.
c. That the contract with Heldenfels Brothers for construction of
Kostoryz Road Storm Sewer Improvements be accepted, the Final Change Order as required
by H.U.D. reconciling the final project quantities be authorized, and that final pay-
ment of $26,594.68 be approved. This project is financed jointly by the City of
Corpus Christi and the Department of Housing and Urban Development.
d. That International Aerial Mapping Company be engaged to provide aerial
photography for the design of Waldron Road from Caribbean to Purdue,. and Kostoryz
Road from Padre Island Drive to Holly Road. These projects were approved at the
December, 1972 bond election . The work will be submitted on 22" x 36" sheets which
will include aerial photography on the top 1/3, planimetrtd plan on the middle 1/3,
and profile on the bottom 1/3rd. The cost will be $1,400.00 per mile or $1,045.00
for Kostoryz Road and $1,400.00 for Waldron Road. An appropriation of $2,445.00 is
requested from the No. 220 Street Bond Fund. The services of an aerial mapping com-
pany are recommended on major projects instead of having the surveys performed by
field crews because aerial photographs clearly show actual improvements in and adjacent
to the project.
e. That Parcel No. 12 of the South Staples Street Project from Padre
Island Drive to Saratoga Boulevard be purchased from Mr. and Mrs. Wilbert Hermis
for $7,495.00 which is $2,850.00 over the original appropriation. The original
appraisal did not consider the cost of relocating gasoline pumps which, along with
a time adjustment, justifies an increase in the -appraisal of $2,850.00 for a total
valuation of $7,495.00. Ordinance No. 10784 dated April 5, 1972 had previously appro-
priated $4,645.00.
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Regular Council Meeting
September 12, 1973
Page 6
City Manager be authorized to sign the amendment and did not include a copy of the
amendment.
k. That the City Manager be authorized to enter into a corporative agree-
ment with the Texas Water Development Board to continue the Corpus Christi Bay and
Estuarine investigation program. The contributed $42,500 in the initial contract
that started in the Fall of 1972 and the new extension would call for a contract price
of $30,000 on demand for the City's participation in a total 1973-74 project cost of
$55,589.84. The investigation includes field data on dissolved oxygen, temperature,
conductivity, Ph. salinity, Benthos and Plankton.
1. That final payment of $1980 for contested dirt volumes for the Cole
Park Seawall and Fishing Pier Project be approved and the $5500 charged as liquidated
damages and appealed by the contractor, Lloyd Richardson Construction Company be
reduced to 36 days. The appeal was heard by the City Council on October 4, 1972.
m. That portions of the utility easement reserved by Ordinance No. 11380,
approved March 21, 1973, in Moore Street between Lexington and the railroad tracks
beyond Port Avenue be abandoned. Applicant has agreed to assume the cost of relocat-
ing the utility lines retaining drainage easement.
Motion by Stark, seconded by Acuff and passed, that the City Manager's
Reports, Items "a" through "m" be accepted, and the requests and recommendations be
granted and approved as presented,
City Manager Townsend presented the pending item of Application No, C373-10,
Planning Commission (Jon Held). He explained that the request was approved for a
special permit for travel trailer park subject to approval of a site plan; that two
exceptions have been requested on the site plan, (1) the planting of oleanders in
lieu of a screening fence, and (2) a 144 square foot sign 20 feet high instead of
the 30 square foot 10' high sign provided under the"T-1" District. He stated the
"T-1" regulations provide for modification or waiver of the fence requirement, but
no authority exists to allow a sign greater than the 30 square feet allowed in the
requested T-1 District. He stated the request had been approved subject to a site
plan and noted that the site plan had been submitted with the two variations mentioned,
and not recommended by the Planning Commission.
Motion by Acuff, seconded by Branch and passed, that the site plan submitted
in connection with the special permit granted for a Travel Trailer Park, Mobile Home
Park, Mobile Home Subdivision, on the south 1/2 of Lot 6, Block 40, Flour Bluff &
Encinal Farm & Garden Tracts, be approved as modified with no waiver of the sign or
fence requirements.
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Regular Council Meeting
September 12, 1973
Page 7
ORDINANCE NO. 11687
AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF INTERNATIONAL AERIAL
MAPPING COMPANY TO PROVIDE AERIAL PHOTOGRAPHY, INCLUDING PLAN AND PRO-
FILE SHEETS FOR WALDRON ROAD, FROM CARIBBEAN TO PURDUE, AND FOR KOSTORYZ
ROAD, FROM PADRE ISLAND DRIVE TO HOLLY ROAD; APPROPRIATING OUT OF NO. 220
STREET BOND FUND $2,445, OF WHICH $1400 IS APPLICABLE TO PROJECT NO. 220-72-77
AND $1045 IS APPLICABLE TO PROJECT NO. 220-72-5; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11688
APPROPRIATING OUT OF NO. 220 STREET BOND FUND $2,850 TO SUPPLEMENT FUNDS
PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10784, DATED APRIL 5, 1972, TO ACQUIRE
PARCEL NO. 12, SOUTH STAPLES STREET- PADRE ISLAND DRIVE TO SARATOGA BOULEVARD
PROJECT, NO. 220-70-107, FROM THE OWNERS, WILBERT HERMIS AND WIFE, DAISY MARIE
HERMIS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11689
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS:
1. ELIZABETH STREET, FROM 17TH STREET TO 18TH STREET;
2. 17TH STREET FROM ELIZABETH STREET TO THE SOUTH R.O.W. LINE OF LOT 25, BLOCK
1400, BAY TERRACE NUMBER 2;
3. PRESCOTT STREET, FROM 17TH STREET TO 18TH STREET;
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE
SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE-
MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND
TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby,. Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11690
AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH ASPHALT
MAINTENANCE COMPANY, INC., FOR CONSTRUCTION OF 15TH, 18TH, ESPINOSA AND
DOLORES STREET IMPROVEMENTS AND STORM SEWER IMPROVEMENTS, SAID CHANGE ORDER
TO INCLUDE STREET AND STORM SEWER IMPROVEMENTS TO 17TH STREET FROM ELIZABETH
TO THE CROSSTOWN EXPRESSWAY, TO ELIZABETH STREET FROM 17TH TO 18TH STREETS;
AND TO PRESCOTT STREET FROM 17TH TO 18TH STREETS; APPROPRIATING OUT OF NO. 220
STREET BOND FUND $77,000 OF WHICH $73,640 15 FOR THE CHANGE ORDER AND $3,360 IS
FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO.
220-67-92.9; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
September 12, 1973
Page 8
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11691
APPROPRIATING $35,184.95 FOR REIMBURSEMENT OF THE NO. 102 GENERAL FUND, ACTIVITY
4122, CODE 603, FOR LABOR, EQUIPMENT, AND MATERIALS USED FOR PARK IMPROVEMENTS,
OF SAID APPROPRIATION $29,816.78 IS OUT OF NO. 291 PARK BOND FUND, OF WHICH
$29,340.98 IS APPLICABLE TO PROJECT NO. 291-70-10.9, SOUTH BAY PARK; $134.15 IS
APPLICABLE TO PROJECT NO. 291-70-10.5, STONEGATE PARK; AND $341.65 IS APPLICABLE
TO PROJECT NO, 291-70-10.4, AIRPORT PARK; AND $5,368.17 I5 OUT OF NO. 111 PARK
TRUST FUND, APPLICABLE TO ACCOUNT NO. 1766, NUECES RIVER PARK; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11692
FINDING THAT THE FIESTA MEXICANA DE CORPUS CHRISTI ON SEPTEMBER 16, 1973 IS IN
THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 200 AND 300 BLOCKS OF CHAPARRAL
STREET AND THE 300 4ND 400 BLOCKS OF WILLIAMS STREET TO VEHICULAR TRAFFIC FROM
6:00 P.M. SATURDAY, SEPTEMBER 15, 1973 TO 12:00 MIDNIGHT SUNDAY, SEPTEMBER 16,
1973 FOR SAID FIESTA STONSORED BY LULAC LADIES COUNCIL #26; PROVIDING FOR
BARRICADES AND EMERNCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE,
RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL
DEVELOPMENT DIRECTOR. FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD,
COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN MASKINGS AND REQUIRING
THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN
EFFECTIVE DATE AND FOR PUBLICATION; PROVIDING FOR SEVERANCE AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11693
RATIFYING AN AMENDMENT TO THE GRANT AGREEMENT HERETOFORE ENTERED INTO
BETWEEN THE FEDERAL AVIATION ADMINISTRATION AND THE CITY OF CORPUS CHRISTI BY
AUTHORITY OF ORDINANCE NO. 9482, PASSED AND APPROVED BY THE CITY COUNCIL ON
SEPTEMBER 10, 1969, BY DELETING PARAGRAPHS 9 (h) AND 10 FROM THE SAID GRANT
AGREEMENT, APPLICABLE TO PROJECT NO. 9-41-156-7008, CORPUS CHRISTI INTERNATIONAL
AIRPORT, AS MORE FULLY SET FORTH HEREINAFTER; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
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Regular Council Meeting
September 12, 1973
Page 9
ORDINANCE NO. 11694
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS WATER
DEVELOPMENT BOARD TO CONTINUE THE CORPUS CHRISTI BAY AND ESTUARINE INVES-
TIGATION PROGRAM BEGUN IN THE FALL OF 1972 AS PER THE ATTACHED CONTRACT AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11695
ABANDONING THE UTILITY EASEMENT RESERVED BY ORDINANCE NO, 10535, AS AMENDED
BY ORDINANCE NO. 11380, SAVE AND EXCEPT A 30 -FOOT DRAINAGE EASEMENT, HERE-
INAFTER MORE FULLY DESCRIBED, WHICH IS RETAINED BY THE CITY; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
ORDINANCE NO. 11696
AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH ALLIED
FENCE COMPANY FOR THE CORPUS CHRISTI INTERNATIONAL AIRPORT PERIMETER AND
SECURITY FENCE; APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND $3521.36 FOR
SAID CHANGE ORDER, APPLICABLE TO PROJECT NO. 245-68-15; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
Mayor Luby announced the public hearing scheduled for 3 p.m.
City Manager Townsend presented Application #773-7, Tim Clower, Trustee, for
change of zoning on Tract A (16.76 acres), fronting 1,050 feet on Holly Road, from "R -1B" One -
family Dwelling District and "1-2" Light Industrial District to "B-4" General Business District;
Tract B (13.60 acres) fronting 235 feet on Holly Road and having a depth of 1,250', from "R -1B"
One -family Dwelling District to "A-1" Apartment House District, both tracts being out of Lot 5,
Bohemian Colony Lands located on the north side of Holly Road east of Kostoryz Road. The request
was heard by the Planning Commission July 24, 1973, and forwarded to the council with the
recommendation that it be approved as a logical use of the area, and the Planning Staff concurred
in this recommendation.
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Regular Council Meeting
September 12, 1973
Page 10
No one appeared in opposition to the recommendation of the Planning Commission.
Motion by Lozano, seconded by Acuff and passed, that the hearing be closed.
Motion by Stark, seconded by Lozano and passed, that the recommendation of the
Planning Commission be concurred in and the foregoing Application /773-7, Tim Clower, Trustee,
be approved as requested, and that an ordinance be brought forward effectuating the change.
City Manager Townsend presented Application /773-9, Planning Commission, for
change of zoning from "AB" Professional Office District and "B-1" Neighborhood Business District
to "A-2" Apartment House District on all of Block B and Lots 1 & 2, Tract C, Meadowbrook,
located on the west side of the 500 and 600 Blocks of Airline south of South Alameda Street.
The request was heard by the Planning Commission July 24, 1973, and forwarded to the Council
with the recommendation that it be denied on the basis the property owners did not appear and
this was possibly not the proper procedure. He stated the Staff recommends approval on the basis
that these properties are not developed according to their existing zoning, and by changing to
apartment district, it would eliminate any business from opening up in the future within these
apartment projects. Mr. Townsend explained that the request was initiated by the City, but the
Planning Commission appears reluctant to change the zoning in the case where the owner is not
the applicant and does not approve, however, he stated the owner in this particular case did
not object to the change of zoning to "A-2".
Mr. Scott Cook, attorney representing Mr. Willard Hammonds, owner of Lot 2R, Block
B, Pharaoh Valley Southwest (Case #C773-11), spoke in opposition to all four applications
initiated by the City scheduled for hearing at this time, stating his client was not directly involved
in the subject property (Case /773-9), but felt before the Council takes action, they should hear
the other side. He stated his client was not consulted regarding the change; that he received a
notice but did not realize it pertained to his property because he assumed it could not be rezoned
without his approval. Mr. Cook stated that the original appraisals and loans were made on this
property with the understanding that it was zoned for business, and downgrading the zoning reduces
the collateral to the mortgage holders his client_ pledged to uphold and reduces his value of the
property. He pointed out that in some instances the mortgagor could be threatened with a declara-
tion of default in case of downgrading in zoning. He stated his client protests the zoning on the
basis it impairs the value to him of the property without compensation from the City, which may be
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Regular Council Meeting
September 12, 1973
Page 11
subject to legal attack, and he could very well be declared in default under his deed of trust
because of the impairment of security. He stated that in effect, the Commission is attempting to
adopt retroactive exclusive zoning, and that he does not object to exclusive zoning but does
object to its being retroactive.
Mr. Willard Hammonds, owner of the property in question, stated he has no plans at
this time to develop the property with business uses, but pointed out it would adversly affect the
sale of the property since buyers look much more favorably on properties that have business zoning.
He stated for the little benefit this action would be to the City, he could not see the owners
taking the loss. Mr. Hammonds questioned the Commission's intentions relative to the many non
conforming apartment uses throughout the. City.
Mr. A. O. Boyer, 618 Bradshaw, owner of Lot 9, Block 6, Meadowbrook x2, stated
when he purchased his property it was his understanding it was zoned for apartment use and would
object to having certain obnoxious businesses next door. He stated it is immaterial in this case
what is done with Mr. Hammond's property, but wanted to go on record as in favor of the property
being rezoned "A-2".
There was considerable discussion between the Council and the Staff as to who
initiated the applications. City Manager Townsend explained that the Planning Commission had
instructed the Staff to make the applications after the Council had indicated a need to have the
zoning map reflect a plan of zoning though some of these are borderline cases. He explained that
the Commission had first thought the plan was good but after the hearing hod declined to recommend
it.
Mr. Cook stated he also represented Mr. Ed Birnberg, owner of property located on the
north side of the 500 and 600 blocks of Delaine, and on his behalf was in opposition to the proposed
change from "R-2" One -family Dwelling District to "R-18" One -family Dwelling District on his
property and to all other similar requests, on the basis that It is unconstitutional taking from the
owners.
Motion by Ricardo Gonzales, seconded by Acuff and passed, that the recommendation of
the Planning Commission be concurred in and Application r#773-9, Planning Commission, for change
of zoning from "AB" Professional Office District and "B-1" Neighborhood Business District to "A-2"
Apartment House District on all of Block B and Lots 1 and 2, Tract C, Meadowbrook, be denied.
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Regular Council Meeting
September 12, 1973
Page 12
Motion by Tom Gonzales, seconded by Stark and passed, that the hearings be closed
and the following applications be denied as recommended by the Planning Commission:
Application #C773-10, Planning Commission, for change of zoning from "R -1B One -
family Dwelling District and "B-1" Neighborhood Business District to "A-2" Apartment House
District, on Block A, Brentwood Village Community Center; and from "AB" Professional Office
District to "A-2" Apartment House District on Lots 26R, thru 30, Bluff Estates;
Application #773-11, Planning Commission, for change of zoning from "B-1" Neighbor-
hood Business District to "A-2" Apartment House District on Lot 2R, Block B, Pharaoh Valley
Southwest; and
Application #C773-12, Planning Commission, for change of zoning from "R-2" Two-
family Dwelling District to "R -1B" One -family Dwelling District on Lots 6, 7, 8 & 9, Block 4,
and Lots 4 thru 12, Block 3, Pope Place 1.
It was the feeling of the Commission that generally, they do not have the right to
recommend approval of such zoning when so much opposition is voiced by the property owners
themselves; that even though it is an attempt to "clean up" the zoning map, it is a fruitless effort
until some other method is found; and that the Commission should concentrate on preventing
inclusive uses of property in the future by revising the Zoning Ordinance.
City Manager Townsend presented Application #773-3, Antonio Carreno, M. D., for
change of zoning from "A-2" Apartment House District to "AB" Professional Office District on
Lots 1 and 2, Block 6, Bayview Addition, located on the southwest corner of Ocean Drive and
Craig Street. The request was heard by the Planning Commission July 10, 1973, and forwarded
to the. Council with the recommendation that it be denied due to traffic hazards that would be
created. The Planning Staff was of the opinion that this requested change would have an adverse
effect on adjacent residential uses, would establish a precedent, and create a "domino" effect for
zoning changes extending to the south, and therefore, recommended denial. Mr. Townsend
explained that this case was heard by the City Council August 15, 1973 and the action was that
the recommendation of the Planning Commission be concurred in for denial of the request. On
August 29, 1973, the Council set the case for re -hearing due to confusion created as a result of
the change of meeting date from August 23, 1973 to August 15, 1973. Both the applicant and
others wishing to appear reported they did not receive notices of the date change.
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Minutes
Regular Council Meeting
September 12, 1973
Page 13
Mr. Charles Porter, attorney representing the applicant, spoke in opposition to the
recommendation of the Planning Commission. He presented a site plan of the development and
explained that the proposed one-story building would house the offices of the applicant and one
other physician for the practice of gynecology. He pointed out that the opposition had been based
on an alleged traffic problem at Craig and Ocean Drive and that this use would only add to that
problem. He pointed out that the doctors' hours would be from 10 a.m. to 12 noon, and 2 to 5 p.m.
with an average of 15 patients per day which he stated would not interfere with peak traffic hours
on Shoreline. He stated the plan includes 14 off-street parking spaces and one loading zone with
access from Craig Street and the alley. He stated if parking on Craig Street and Ocean Drive
created a problem, they would be willing to have the City designate No Parking along the curb -
lines of both streets. Mr. Porter pointed out that under the present zoning, eleven apartment units
would be permitted with a total of 11,500 square feet of floor space as compared to the 2,500 square
feet proposed by the applicant, and that uses permitted are nursing homes, hospitals, private clubs,
churches, boarding and rooming houses. He stated the building structure will be in keeping with
the character of the neighborhood, will be a quiet operation, in keeping with the statute for the
promotion of health, welfare, safety, and morals of the City, will be less of a fire hazard than
apartment development, and will lessen overcrowding of population. He also pointed out that this
area is a logical location for doctors offices because of its proximity to Spohn Hospital, that the
alleged "domino" effect of zoning was created when the hospital was built, and there is no more
appropriate use for this corner as it is definitely not suitable for residences. Mr. Porter noted that
prior to the Planning Commission hearing, 22 notices were mailed out with 11 received in favor and
only four in oppisition, that one of those had said she did not oppose the doctors' offices but only
objected to the rezoning of the entire area. He pointed out that this is an old neighborhood and
practically no new construction for years, that the legal department's opinion that it is spot zoning
is not a valid argument as it is not a legal question but a planning matter, and that it would not
have an adverse effect on the residential neighborhood.
Mr. Orby Roots spoke on behalf of the applicant stating the proposed operation is
consistent with the area, is in the best interest of the City, and that he concurred in the arguments
presented by Mr. Porter.
Mayor Pro Tem Acuff asked Mr. Porter if his client would be agreeable to a special
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Minutes
Regular Council Meeting
September 12, 1973
Page 14
permit, and Mr. Porter stated it would be acceptable.
Mr. Thomas Ard, 614 Williamson Place, property owner of Lot 5, stated he wo°:Id be
in favor of the special permit if restricted to the use as shown on the plan submitted by the applicant.
Mr. Cuban Burbank, 1127 Ocean Drive, spoke in opposition to the requested change in
zoning, stating he represented all the property owners on Ocean Drive in this Block with the
exception of one person located north of his property. Mr. Burbank stated his objections were
based on the fact that the future of this area is at stake because it lends itself more appropriately
to highrise apartment development which would be an asset to the City. He pointed out that he
had resided at this location for 27 years and was in a better position to know about the congested
traffic.
Mr. O. J. Douglas, 1201 Second Street, spoke in opposition concurring with
Mr. Burbank with regard to the traffic congestion. He stated he definitely felt this zoning change
would be wrong and would adversely affect the neighborhood.
Motion be Lozano, seconded by Acuff and passed, that the hearing be closed.
Motion by Ricardo Gonzalez, seconded by Branch and passed, Mayor Luby voting
"Nay", that Application #773, Antonio Carreno, M.D., for change of zoning from "A-2" Apart-
ment House District to "AB" Professional Office District on Lots 1 and 2, Block 6, Bayview
Addition, be denied, but in lieu thereof a special permit be granted in accordance with the site
plan presented by Mr. Porter.
Mayor Luby called for discussion on the ordinance creating the Corpus Christi American
Revolution Bicentennial Commission. City Manager Townsend reviewed the ordinance. He stated
the ordinance provides that the Mayor and City Council may appoint representatives from the
communications media, trade and professional groups, Chamber of Commerce, Ministerial Alliance,
civic service, cultural, patriotic and historical organizations, the Military, and secondary and
higher level educators, either individuals or as representatives of their office as well as other
citizens.
The Council engaged in a lengthy discussion with regard to National and State guide-
lines for authority of making appointments creating the Commission. Mayor Luby maintained that
the Federal Government guidelines provided that the mayors should make the appointments. It was
generally agreed by a majority of the Council that the guidelines applied to other cities with a
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Minutes
Regular Council Meeting
September 12, 1973
Page 15
strong mayor form of government and not necessarily to Corpus Christi with a council-manager
form of government.
Mr. Richard Moore, 210 Naples, Chairman of the History Department of Del Mar
College, stated he represented the Committee appointed by Mayor Luby for the purpose of
submitting nominations to be added to the 26 -member list which was previously approved by the
Council. He explained that the list contained the names of persons submitted by individual
Council members and had added another group of names which they felt was representative of all
sectors of the community. In addition to the names submitted, he suggested that the Council
accept a supplemental list of suggested alternates in case of withdrawals, and that the executive
committee appoint subcommittees. He pointed out that Corpus Christi is far behind other cities
in its organization of a Bicentennial committee and as of this date had no definite program plans.
He urged immediate action to get the plans started. Mr. Moore presented the Council with the
list containing 100 names, and included the 26 names previously approved by the Council.
Mrs. Eva de Ases stated there have been areas and groups left out, pointing out that
there were no representatives from the west side of the City.
Mrs. Pat Duaine, 4909 Branscomb, stated it had been her understanding that the guide-
lines provide that the i ayor shall appoint the Bicentennial committee, and expressed concern that
the proposed ordinance dilutes the powers of the Mayor. In support of this she stated the Mayor
inherited the Bicentennial committee, is elected to represent all the people,and the Council does
not have the authority to change the laws or re -write the guidelines which could jeopardize the
Federal funding of the program. She urged that the Council not pass the ordinance which she
considers a reproach to the Mayor elected by all the citizens.
City Manager Townsend noted that three names had been inadvertently omitted from the
list submitted by Mr. Moore, those being Mrs. J. E. Garza, Barney Davis, and Eduardo de Ases.
Mr. Joe K. Watson, 3622 Lawnview, questioned the ethnic balance of the list and
over -emphasis of some professional groups, and suggested that perhaps some other method of making
appointments should be employed.
City Manager Townsend stated that the ordinance does not name persons but acknowledges
appointments named by the Council on August 15; that the 5 -member executive committee is set up
on that basis. He stated it is his opinion that this number is somewhat confined and probably should
be enlarged to nine.
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Minutes
Regular Council Meeting
September 12, 1973
Page 16
Motion by Branch, seconded by Ricardo Gonzalez and passed, that the ordinance
be amended to specify a nine -member executive committee.
ORDINANCE NO. 11697
CREATING THE CORPUS CHRISTI AMERICAN REVOLUTION BICENTENNIAL COMMISSION;
PROVIDING FOR APPOINTMENT OF THE COMMISSIONERS, ELECTION OF OFFICERS,
SELECTION OF EXECUTIVE COMMITTEE AND ADDITIONAL COMMITTEES AND SUBCOMMITTEES
AND AUTHORIZING PERSONS OTHER THAN COMMISSION MEMBERS TO SERVE THEREON;
STATING THE COMMISSION'S PURPOSE; PROVIDING FOR QUARTERLY MEETINGS; PROVIDING
TERMINATION DATE; DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Aciff, Branch, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby and
To Gonzales, present and voting "Nay".
ORDINANCE NO. 11698
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 TIM CLOWER, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING
ON TRACT Aa CONTAINING 16.76 ACRES OF LAND, TRACT B: CONTAINING 13.60 ACRES OF
LAND; BOTH BEING OUT OF LOT 5, BOHEMIAN COLONY LANDS STUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT AND "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON
TRACT A AND "A-1" APARTMENT HOUSE DISTRICT ON TRACT B; KEEPING IN EFFECT ALL
OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI-
NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote. Lby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and
voting "Aye".
Motion by Stark, seconded by Acuff and passed, that the list of names nominated by
the Mayor's Committee be accepted, plus the three names inadvertently omitted, and the addition
of Mr. Jack Shults and Mr. Leopold Luna, be approved. The list is as followss
Robert Jackson
Victor Lara Ortegon
Edward° de Ases
Mrs. A. Ritchey
Joe Montoya
Bill Carl
Dr. William Carlin
Barcus Moore
Rev. R. L. Brown
Rev. James Dace
Mrs. Paul Bluntzer
Dr. Eugenia Briscoe
Vann Kennedy
Mrs. J. E. Garza
Jack Shults
Ivan Wilson
Jack Blackmon
William Darby
Dr. Roberto Bosquez
Bishop Drury
Rev. Arnott Ward
Abbott Alfred Hoenig
Henry Knolle
Dan Kilgore
Bob White
Barney Davis
Leopold Luna
Bob Conwell
Guy Warren
Warren Ina
Joe Watson
Rev. Ed Schaefer
Rabbi Wolf
Aalbert Heine
Bill Wright
A. A. Lichtenstein
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Minutes
Regular Council Meeting
September 12, 1973
Page 17
Miss Margaret Ramage Mrs. Howell Ward Alclair Bohman
E. E. Mireles Manuel Narvaes Mrs, Ed Harte
Mrs. Jack Modesett, Sr. Mrs. Eddie Bolden F. Starr Pope
Miss Josephine Sparks Bert Haas Mrs. Dwain Harris
Dr. Hector Garcia William Bonilla Cynthia Gutierrez
Joe Cain Horny Plomarity Lee Martinez
Mary Kara Dr. Donald Hanna Adelia Young
Mrs. Ben Eshelman M. R. N. Cenolly Mickey Casel
Ruth New Baa>hlie Bochor W. K. Huber
Mrs. Alexander Hogarty Dr. Richard Marcum Cuban Burbank
Charles M. Keranan Helena Brandesky Or. Norvell
Dr. Halliday Wallace Davis Robert Campbell
Jean; North Ms. Nancy Bowen Jesse Goode
Col. Robert J. Dillard Adm. James Ferris Adm. R. A. Macpherson
Col. Floyd S. Buch Dr. Richard Moore Mrs. Ben Hammond
Martin Rex Eddie Galvin Lavernis Royal
Walter Miller Mrs. Pat Duaine Albert Sheldon
Dr. Cleo Garcia Mrs. Lynda Spears Joe Garza
Amado Ayala Mel Lemos Yolanda Peronis
George Trevino Mrs. Ricuard Gatza Mrs. Irene Moore
Gloria Cabellero Mrs. Sam Kane, Jr. Oscar Reyna
Ms. Mary Love Huffman Patrick Dunne Mrs. Lola LeBlanc
Walter R. Young Ceisa Rodriguez Refugio Garza
Mr. Pat Harkin appeared on behalf cf the.Corpus Christi Beach Taxpayers Association,
stating this group had recently organized and had ^et with the Tax Equalization Board and that
problems had been resolved both to the c-atisfasstion of the Taxpayers and the City. He stated it
had been his information that the Corpus Chrisli Beach Park Project would be discussed at this
meeting and some 20 members of this group were present. Mr. Harkin inquired if it would be in
order for him to attend the meeting in Galveston iv,th the. Corps of Engineers regarding this Beach
project. City Manager Townsend explained the nature of the meeting stating it was a staff level
meeting and was not likely that the job would be.. accomplished if too many people were permitted
to attend.
Mr. Bob Porter, 4721 Phillip„ appeared representing the organization known as Americans
in Action, and requested that the-Couneil join in this organization's stand against pornography.
MTS. Rudy Gonzales, 1809 Yale, appeared representing residents in the area of Greenwood
and Horne Road, and requested that the Council consider this area for location of the new health
clinic. She stated it would be in walking distance of three low-income housing units and that the
area is one of the most densely populated.
Mr. William Solis, 4232 Shaw Street, owner of Lot 2, Block 5, Chula Vista, complained
that he had appealed to the City since 1257 to cut weeds on a lot next door to his property with no
success. He stated the weeds have grown so l"qigh en the corner that it has created a traffic hazard.
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Minutes
Regular Council Meeting
September 12, 1973
Page 18
He also stated the 15 -mile per hour scinool zone speed limit is not being enforced which had
resulted iso four wrecks in front of his residence within the past year. He further complained that
the trash pick-up had not been regular,, and due to a disagreement between himself and the
collectors, trash os not being picked up at ali.
City Manager Townsend advised that the traffic hazard complained of and the speeding
violations would be investigated and c. report made to Mr. Jolis. Fie explained the weed control
policy of the City which Mr. Jolis did nov accept.
Mr. Ear! Carter, 4957 Nell Street, complained that the screening fence which had
been required to be constructed and maintained along Delphine Street between his property and
Robo's Car Wast'-, had been, destroyed and tact replaced; also that there is no fence separating
Nolan's Resdtaurant from his property and garbage and debris is permitted to stack up over the
containers- and blow against his and Hs neighbor's fences. He stated the area is infested with rats
and has become a serious nuisance and health hazard.
City Manager Townsend stated he was familiar with this problem, pointing out that
when the area was replatted to allow a driveway from the car wash, the owners were required to
construct and maintain the screening fence which was done but had blown down during Celia and
had not been replaced,
The Council instruhted the City Attorney to file a law suit against the owners of Robo's
Car Wash to enforce the fence requirement,
Mrs. F. 0. Love, 213 Kleberg, stated she felt the. City had neglected Corpus Christi
Beach regarding the cutting of weeds and clearing vacant lots. She stated they were very bad in
this area and were a health hazard .,ince many people are allergic to them,
Mayor Pro Tem Acuff stated Srhis would be investigated, and recommended that a
research study be made for a more efficient method of clearing vacant Tots of weeks and debris.
Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the City Manager be
authorized to negotiate a contract with the firm of Maverick -Engineering Company for the prepara-
tion of a Master Plan For water, wastewater and drainage facilities on Corpus Christi Beach.
City Mananger Townsend reported that the City will not appeal the ruling of Judge
Paul A. Martineau in 28th District Court, granting an injunction to Central Power and Light Company
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Minutes
Regular Council Meeting
September 12, 1973
Page 19
allowing the Company to put into effect the rate increase it had been seeking, but will press for
o speedy trail. He pointed out that a motion is not necessary, but unless the Council indicated
opposition to this decision, the Legal Staff would not file for an appeal.
There being no further business to come before the Council, the meeting was adjourned
at 6:00 p.m., September 12, 1973.