HomeMy WebLinkAboutMinutes City Council - 10/31/1973J
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
October 31, 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
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 Commissioner Branch in the absence of the invited Guest
Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Acuff, seconded by Branch and passed, that the absence of Commissioner
Lozano be excused for just cause.
Motion by Stark, seconded by Acuff and passed, that the Minutes of the Regular Council
Meeting of October 17, 1973 be approved as submitted to the Council.
Mayor Luby announced the issuance of proclamations relative to the following: SAFETY
SUNDAY, November 4, 1973; and TEXAS NURSE WEEK, November 4, through 10, 1973.
Mayor Luby presented commendation plaques to Mr. Joe Elliott, Jr, and Mr. Bob Johnston,
in recognition of an act of courage in saving the life of Mrs. Mae Young by rescuing her from
Cayo del Oso following an automobile accident. In making the presentation, Mayor Luby read a
memorandum prepared by Chief of Police James Avant describing the accident, the circumstances
leading to the accident, and their immediate action performed during a perilous situation. He stated
it would have been impossible for Mrs. Young to have survived without the help of these two
young men.
Mayor Luby presented Retirement Plaques to the following City employees: Marcus B.
Martinez, Gas Division (20 years service); George Fuentes, Parks Department, (15 years service);
and Alfred H. Beyer, Transit (30 years service).
City Manager Townsend announced the public hearing on the proposal to name that portion
of County Road 67A, extending from County Road 624 along Calallen High School, as "Wildcat
Drive", and that portion of County Road 54A, extending west from Calallen Drive along Calallen
Elementary School as "Teague Lane". He explained that this area was annexed by the City on
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Regular Council Meeting
October 31, 1973
Page 2
August 22, 1973, and that this proposal had been circulated through the affected City Departments
and there are no objections. He stated the request had been made by the School District, and
that "Teague Lane" was in honor of the School Superintendent, and "Wildcat Drive", was the
mascot of the school.
No one appeared in opposition to the foregoing request.
Motion by Tom Gonzales, seconded by Branch and passed, that the hearing be closed.
Motion by Branch, seconded by Stark and passed, that the portion of County Road 67A,
extending from County Road 624 along Calallen High School, be designated as "Wildcat Drive",
and that portion of County Road 54A extending west from Calallen Drive along Calallen Elementary
School, be designated as "Teague Lane", and an ordinance be brought forward effecting this action.
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 bids be received at 11:00 a.m., Tuesday, November 20, 1973 for one Portable
Flame Ionization Gas Detection Unit for the Gas Division.
a
b. That /contract be awarded to Byron -Jackson Pump Division Corpus Christi, for the
purchase of one Wash Water Pump for the Water Division for the low bid of $3, 118.00. Bids
were received from five firms. (Bid Tab. 76-63)
c. That all bids received for the purchase of 3 chemical feeder tanks for the Water
Division be rejected because the low bid of $6;606.00 submitted by V. M. Marlatt Company
exceeded the budgeted and estimated cost of $2,250.00. The estimated price from a potential
supplier was misunderstood as a total price for 3 units instead of a unit price. The specifications
will be reevaluated and the tanks redesigned to reduce the cost. (Bid Tab. 77-73)
d. That the City continue to lease 35 acres at Rodd Field and Yorktown Roads to
Mr. Guy Lile for grazing land and storage of trucks, trailers, and farm equipment for three years
at an annual rental of $480.00, payable semi-annually and subject to a sixty day cancellation
clause at the option of the City. Mr. Lile has been renting this property since November, 1962
on a month-to-month basis at an annual rental of $120.00. Because of inflation and because an
acre of the land is used for equipment storage, Mr. Lile has agreed to increase the rent. Mr. Lile
has installed a fence, gates, and a storage building at his own expense. There has been no other
interest expressed to rent this land.
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Regular Council Meeting
October 31, 1973
Page 3
e, That Dillon Lane Street Improvements be accepted and final payment of $5,783.80
be authorized to Asphalt Maintenance Company. The project was constructed by special agree-
ment between the City and property owners either abutting or having access through this street.
Total project cost was $23,576.71.
f. That Airport drainage improvements by Slovak Brothers be accepted and final pay-
ment of $7,147.80 be authorized. The project has been completed within the time allocated.
The final cost of $9,297,00 is $200.00 less than the original contract because two change orders
were issued deleting some expansion joint repairs ($600) and adding an additional section of
French drain ($400).
g. That Resolution No. 11606, dated August 1, 1973, which authorized the Texas
Highway Department under the Federal Urban System Program to place a low -skid pavement overlay
on Ocean Drive from IH 37 to Alameda Street be revised to requestthat this overlay be extended to
the Naval Air Station. The Highway Department feels that money is available for this extension.
The City°s cost will not exceed the original $60,000.
h. That the plans and specifications for the remodeling of the second floor of the Weber
Building be approved and bids be received on November 21, 1973. The work involves demolition
of some partitions, painting existing partitions and installation of new partitions and counters.
The space is to be used by the City Accounting Division.
i. That plans for storm sewer extensions along Flour Bluff Drive from the present storm
sewer system in the Mobile Estates Subdivision to Matlock Street and along Country Club Drive
from Alameda to Rio Vista be approved and bids be received on November 21, 1973. Both storm
sewers are needed to alleviate existing drainage problems and will be financed from miscellaneous
storm sewer bond funds approved at the 1970 and 1972 bond elections. The Mobile Estates Sub-
division northwest of Flour Bluff Drive has constructed a 60" reinforced concrete pipe at its own
expense up to their property line abutting the railroad. This project will extend the line across
the railroad and along Flour Bluff Drive to its intersection at Matlock Street. The Country Club
project will extend an existing 18" line from Alameda along Country Club Drive to Rio Vista.
j. That the Position Classification and Compensation Ordinance be amended by adding
the job calssifications Counselor I, Grade 22 (Job Code 172) and Traffic Signal Supervisor,
Grade 25 (Job Code 843). The Counselor I position will supervise the operation of the newly
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Regular Council Meeting
October 31, 1973
Page 4
created Tenant Assistance and Information Center. The Traffic Signal Supervisor was provided
in the 1973-74 Budget, but omitted from the Compensation Ordinance passed at the same time the
budget was adopted.
k. (Withdrawn)
I. That the unclaimed bicycles at the Police Department be made available to the
Salvation Army for distribution directly to needy families or to organizations which will so
distribute the bicycles with the understanding that none of the bikes can be sold or given to any
organization that will in tum sell them.
Motion by Acuff, seconded by Branch and passed, that the. City Manager's Reports,
Items "a" through "I" ("k" withdrawn), be accepted, and the requests and recommendations be
granted and approved as presented by the City Manager.
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT WITH GUY LILE COVERING LOTS 9 AND 10, SECTION 21, FLOUR BLUFF
& ENCINAL FARM & GARDEN TRACTS, FOR A TERM OF THREE (3) YEARS, SAID LAND TO BE
USED FOR GRAZING AND PASTURE LANDS ONLY, WITH THE EXCEPTION OF ONE ACRE
WHICH WILL BE USED TO STORE TRUCKS TRAILERS AND FARM EQUIPMENT; A COPY OF
SAID LEASE AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL
PERTINENT PURPOSES.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Stark,
present and voting "Aye"; Lozano absent.
ORDINANCE NO. 11760
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A
TERM OF FIVE YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR
MAINTENANCE OF THE EXISTING YACHT CLUB PIER, L -HEAD AND RELATED PILINGS, ALL
AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Stark, present and
voting "Aye"; Lozano absent.
RESOLUTION NO. 11761
AMENDING RESOLUTION NO. 11606, PASSED AND APPROVED AUGUST 1, 1973, WHICH
AUTHORIZED THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS HIGHWAY DEPART-
MENT FOR FEDERAL ASSISTANCE FOR THE PLACEMENT OF A LOW -SKID PAVEMENT OVERLAY
ON OCEAN DRIVE FROM I.H. 37 TO ALAMEDA STREET, 50 AS TO PROVIDE THAT THE LOW -
SKID PAVEMENT OVERLAY BE EXTENDED FROM ALAMEDA STREET TO THE NAVAL AIR
STATION; AND DECLARING AN EMERGENCY.
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Regular Council Meeting
October 31, 1973
Page 5
The Charter Rule was suspended and the foregoing resolution was passed by the following
vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Stark, present and voting
"Aye"; Lozano absent.
ORDINANCE NO. 11762
AMENDING ORDINANCE NO. 3658, AS AMENDED, BY ADDING A NEW POSITION
CLASSIFICATION OF COUNSELOR I, GRADE 22, JOB CODE 172, TO THE GENERAL
ADMINISTRATIVE SERIES, AND BY ADDING A NEW POSITION CLASSIFICATION OF TRAFFIC
SIGNAL SUPERVISOR, GRADE 25, JOB CODE 843, TO THE LABOR AND TRADES SERIES;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Stark, present and voting
"Aye"; Lozano absent.
ORDINANCE NO. 11763
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 JOHN TUCKER BY AMENDING THE ZONING MAP BY CHANGING THE
ZONING ON LOT 1, BLOCK 1, CONGRESS PLACE UNIT 2, SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING
DISTRICT TO "AB" PROFESSIONAL OFFICE 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: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Stark, present and voting
"Aye"; Lozano absent.
Mayor Luby announced the scheduled 3 o'clock public hearings on four zoning applica-
tions.
City Manager Townsend presented Application 0573-2, James R. Preis, for change of
zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on
Lot 3, Bock 4, Cabaniss Acres, located on the north side of Frederick Street west of Wood Street.
The request was heard by the Planning Commission May 1, 1973, and referred to the Council with
the recommendation that it be denied, and the Staff concurred in this recommendation on the
it
basis that/would be an intrusion into this predominately single-family area, and also would allow
construction of five apartments on a lot which would be a higher density than now exists and
could have a detrimental effect on existing structures. Mr. Townsend reported that since the
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Regular Council Meeting
October 31, 1973
Page 6
Commission hearing, four letters had been received in opposition and one in favor, and that the
20 percent rule is in effect.
Mr. James Preis, applicant, spoke in opposition to the recommendation of the Planning
Commission, stating he felt the Planning Commission did not have all the information they needed
to make their decision; that when he applied for the change, he had not anticipated any problems
and therefore had neglected to make available all the information as to the specific use proposed.
Mr. Preis was advised that the Council could not accept information which had not been submitted
to the Planning Commission, but should express his thoughts orally rather than to present new
information . Mr. Preis explained that Cabaniss Acres Subdivision was developed 25 years ago;
that approximately 25 percent of it had remained undeveloped; that he is the owner of several of
the lots and is the only person who has constructed anything on Joyce, Carolyn or Frederick. Streets
is
in ten years; that there /no demand for single family homes in this old area but rather rental
property, and that loan companies will not finance new homes. He explained that he proposes to
build homes to meet the needs of persons with incomes commensurate with that particular neighbor-
hood, and that he had not applied for apartment zoning on the subject lot because he felt duplexes
would be more acceptable to the neighboring residents. He stated he does not feel the requested
zoning could in any way be a detriment or impose a hardship to these residents. He pointed out
that the land use map does not reflect a true picture of the vacant Tots and the zoning uses in this
area.
Mr. Thomas Garza, 2110 Frederick Drive, spoke in opposition to the request stating any
increase in density would create traffic problems for school children since there is a lack of police
control over speeding cars on these streets.
The Council agreed there was some conflict as to the uses in this area, and that additional
information and an updated land use of the area is needed.
Motion by Acuff, seconded by Branch and passed, that the hearing be closed.
Motion by Acuff, seconded by Stark and passed, that the foregoing Application #573-2,
James R. Preis, be tabled for additional information as to the land use in Cabaniss Acres.
City Manager Townsend presented Application #973-5, Hosack Machinery Company, for
change of zoning from "B-4" General Business. District to "1-2" Light Industrial District on Lots 1
thru 6, Block 24, Original Townhouse site of Calallen, located on the east side of Leopard Street
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Regular Council Meeting
October 31, 1973
Page 7
between East Elliff and East Buckhorn Streets. The request was heard by the Planning Commission
with the recommendation
September 4, 1973, and forwarded to the Council,4hat it be denied but in lieu thereof a special
Council permit be approved for a garage operation subject to the site plan approved by the
Commission October 2, 1973, and the Staff's opinion was that this request would constitute a
single industrial use within an area primarily residential, contrary to adjacent developments and
contrary to prior advice given to the owners. Mr. Townsend explained that the property is
presently occupied with a machinery sales business. The applicant was not present to ascertain
if the Special Permit recommended by the Commission would be acceptable.
Mayor Luby pointed out that he had made an onsite observation of this property and noted
that the machinery and heavy equipment appears out of place in this area; that it is one of the
main entrances to the City and presents a very bad appearance, and the access road which is a
residential street, is not designed to move heavy equipment.
No one appeared in opposition to the recommendation of the Planning Commission or to
the requested change in zoning.
Motion by Acuff, seconded by Stark and passed, that the hearing be closed.
Motion by Stark, seconded by Ricardo Gonzalez and passed, that Application #973-5,
Hosack Machinery. Company, be denied.
City Manager Townsend presented Application #1073-1, Physicians & Surgeons General
Hospital, for change of zoning from "R -1B" One -family Dwelling District with a Special Permit
to "AB" Professional Office District on Edwin. E. Conner Tract, located on the southeast side of
the 4600 Block of Weber Road, between Barnes Street and Bradford. Drive. The request was heard
by the Planning Commission October 2, 1973 and forwarded to the Council with the recommendation
that it be approved as a logical use of the property, and the Staff concurred in this recommendation.
He reported that since the Commission hearing, twelve notices had been received in opposition
and two in favor. Mr. Townsend explained that the subject development had been controversial
since its original application and the Council should have the benefit of its history.
Senior City Planner Larry Wenger made a detailed review of the background of the
hospital development and requests for change of zoning. He explained that the back portion of
the tract was the location of a sanitary land fill, and the original request for a hospital on this
site was made in 1959 and a special permit granted in November of that year with a long list of
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Regular Council Meeting
October 31, 1973
Page 8
conditions including basic landscaping, cyclone fence, maintenance, no mental patients, plus
any other conditions the Staff considered necessary for protection of the residents in the area, and
special permit was granted on the condition that the development be in agreement with the site plan
approved. He stated in 1963 a new application was submitted for change of zoning to the "AB"
District the same as is being applied for at this time, and again this was denied and a Special
Council Permit granted with restrictions in compliance with all conditions of public works where
the Sanitary Land Fill was concerned to meet certain standards, and also included maintenance of
the rear portion of the property limiting to single -story and no mental patients. He explained that
construction of portions of the fence had not beancompletedwith permission of adjacent property
owners. He stated the special permit was approved according to those restrictions and a new site
plan extending development back into the fill area. He explained that the subject request is for
"AB" Professional Office District on the entire Tract to permit the construction of a building on the
front portion abutting Weber Road. He stated a third request was made in 1966 after which a special
permit was granted according to an approved site plan with certain conditions. He explained that
the granting of "AB" zoning would remove all the present restrictions of the special permits and
would no longer apply.
Mr. Jack Solka, architect, spoke on behalf of the applicant, stating the foregoing history
did not reflect happenings of recent years which he deemed important, that being that the property
was purchased by Beverly Enterprises four years ago and is an entirely different operation. He
pointed out that there has been a strong trend in the past few years to develop doctors' offices in
conjunction with hospital facilities, and this hospital has that need. Hepresenteda site plan of
the proposed building stating it would be a 3 -story structure located in front of the hospital to house
some 12 to 16 doctors, and that this site plan had been presented to the Commission. He stated they
have invoices to show that maintenance has been continued according to conditions of the permits.
Mr. Solka was questioned as to whether or not his client would accept a special Council permit to
construct the proposed building. Mr. Solka stated it had been their feeling that anything that would
be objectionable would be automatically covered and controlled by the ordinance. He stated their
main concern was access to Weber but that they have worked with the Staff and concluded they
would not need an additional driveway. He described the parking arrangement, stating it was
adequate for the doctors within the site and is in excess of the parking requirements.
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Regular Council Meeting
October 31, 1973
Page 9
Mr. Townsend expressed concern that the minutes of the Commission hearing did not reflect
more of the history of the tract. He pointed out that the tract was purchased with full knowledge
that it was zoned "R -1B", and the Council had made an attempt to accomodate the hospital in the
"R -1B" area for the reason that it was an old land fill and land which needed to be put to some use.
He stated he feels it was contemplated from the start that the hospital would make additions to the
buildings, and placing offices in front of the tract on Weber Road make the use a more intense use
in a residential neighborhood.
Mr. Solka pointed out that the objections which were received could not be applied to
what is constructed on Weber, He stated that the restrictions on the present permit would not deter
building of the proposed offices, a special penrnit would be acceptable and they would work with
the City Staff for a satisfactory agreement.
Mr. Jim Richards, Administrator of the Hospital, stated they have taken steps to rid the
lot of the standing water; have spent some one quarter million dollars on the air conditioning
system and $35,000 to correct the land fill.
Motion by Tom Gonzales, seconded by Acuff and passed, that the hearing be closed.
Commissioner Tom Gonzales suggested that this request should be tabled and that the
Municipal Arts Commission be contacted for their comments.
Motion by Acuff, seconded by Branch and passed, that Application 01073-1, Physicians
& Surgeons General Hospital, be tabled for a more detailed site plan and for submission to the
Municipal Arts Commission for their comments,
City Manager Townsend presented Application 01073-2, John T. Tucker, for change of
zoning from "F -R" Farm -Rural District to "A-2" Apartment House District on Tract B (8.918 acres)
and "B-4" General Business District on Tract A (9.822 acres), both tracts out of Lots 9 and 10,
Section 19, Flour Bluff & Encinal Farm & Garden Tracts, located on the northwest corner of Rodd
Field Road and Wooldridge Road. The request was heard by the Planning Commission October 2, 1973,
and referred to the Council with the recommendation that it be approved as follows: That "A-1"
Apartment House District be approved on Tract B in lieu of the "A-2" and the "B-4" request on
Tract A be approved but reduced in size to include "A-1" zoning along the north portion line for a
Road
depth of 150' parallel to Wooldridge / which would serve as a buffer between the business and
church owner property. The Staff recommended denial on the basis the request is premature and
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Regular Council Meeting
October 31, 1973
Page 10
would have an adverse effect on future residential development in the area; there is sufficient
business zoned property in the area, including a 30 -acre tract at the corner of Padre Island Drive
and Rodd Field Road, and the "A-2" would establish a very dense apartment area in an area where
the trend is for low density development. Mr. Townsend reported that two letters had been received
since the Commission hearing, one in favor and one in opposition. He stated the 20 percent rule
is in effect.
Attorney John Waller spoke on behalf of the applicant stating he questioned the 20 percent
rule on the basis that the Norton Street Church of Christ was the only objector prior and during the
Commission hearing, and they were not opposed to the apartment house use but opposed to the "B-4"
because of the uses permitted under that classification. He stated they were agreeable to extending
the "A-1" along the north portion line for a depth of 150' parallel to Wooldridge Road, and that the
Church was no longer in opposition. He stated the 20 percent rule would be in effect on the "B-4"
tract but not on the portion recommended for "A-1".
Mr. P. I. Pruett, Trustee of the Church, 619 Sorrell, stated if the applicant agrees to
comply with the Commission's recommendation that the Tract A be reduced in size to include "A-1"
zoning along the north portion line for a depth of 150' parallel to Wooldridge Road to serve as a
buffer between the business and church owned property, the Church would withdraw the objections
on that basis. Mr. Pruett filed a written statement to that effect.
Motion by Acuff, seconded by Stark and passed, that the hearing be closed.
Motion by Acuff, seconded by Stark and passed, Mayor Luby voting "Nay", that the
recommendation of the Planning Commission be concurred in and Application 01073-2, John T.
Tucker, for change of zoning from "F -R" Farm -Rural District to "A-2" Apartment House District on
Tract B (8.918 acres) and "B-4" General Business District on Tract A (9.822 acres), both tracts out
of Lots 9 and 10, Section 19, Flour Bluff & Encino! Farm & Garden Tracts, be approved as follows:
"A-1" Apartment House District be approved on Tract B in lieu of the "A-2" and that the "B-4"
request on Tract A be approved but reduced in size to include "A-1" zoning along the north
portion line for a depth of 150' parallel to Wooldridge Road, and an ordinance be brought forward
effectuating the change.
Mayor Pro Tem Acuff brought up the matter of employment of an architect for the Sears
Roebuck Building stating he was in favor of using the same architect which has been employed for
the Health Building. He stated he wds personally familiar with him as an architect and known to
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Regular Council Meeting
October 31, 1973
Page 11
be highly capable and reputable. He stated this would eliminate the hiring of a third architect;
would simplify the matter and save time. Mayor Luby expressed the opinion that a third architect
should be employed and should be a disinterested party.
City Manager Townsend presented for discussion recommendations of the Planning
Commission and the Planning and Urban Development Staff on "Exclusionary Zoning." He
commented that perhaps some other term other than "exclusionary zoning" should be used. Mr.
Townsend stated the recommendation of the Planning and Urban Development Staff was basically
to change all present "cumulative zoning" to "exclusive zoning" but with a five year phasing
out of the old into the new; that the Planning Commission recommended the adoption of the
exclusive zoning concept narrowed to two methods of accomplishment: (1) The creation of eight
new districts which would eliminate residential uses in five and limit residential uses in the
remaining three; and (2) The granting of a 5 -year grace period after which residential uses
would not be permitted within the excluded zones. He explained thatthe majority of the
Commission adopted the first approach. Mr. Townsend pointed out that the basic question is to
get residences out of business and industrial districts, but that there are problems with the recom-
mendations from both the Staff and the. Commission, some of which are substantial legal problems.
He stated he feels there is no doubt that residential districts should be removed from the industrial
districts, and serious arguments for taking them out of business districts, but the questions is how
the transition should be Made and how the district should be constituted. He explained that an
opinion has been requested from the Legal Department following the City Attorney's attendance
of a conference in Dallas next week on this subject. He stated the Staff is working on other
alternatives. -
The Council agreed that the Council should have the benefit of the Dallas Meeting.
Motion by Acuff, seconded by Stark and passed, that the Staff submit a recommendation
for revision of the term "Two -Family Dwelling District.'.' It was pointed out that the "R-2" should
be changed because it gives the impression it is only for duplex development when in fact, an
apartment district is permitted up to 10 units per acre.
Mrs. Edith Coffey, representative of the League of Women Voters submitted a statement
from this organization requesting an up dated long range zoning Master Plan for Corpus Christi,
as follows:
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Regular Council Meeting
October 31, 1973
Page 12
"Sound zoning decisions cannot be made without a current overall plan and
consistent zoning policies.
As it is now each zoning application is considered on an unrelated
individual basis. We feel it is an absolute necessity to consider applications
as they fit into an overall picture.
One method of improving the zoning problem in Corpus Christi would
be for the Council to adopt the recommendations of the Zoning Analysis Study
of March, 1973 which suggests the use of "exclusive" as compared to the
older "cumulative" type of zoning.
Therefore, we urge the Council to place top priority on the development
of a Master Plan.
We agree with the Planning Commissioners that present zoning practices
are serving as "band aids" when major surgery is needed." (Council Exhibit 10-73)
City Manager Townsend stated he was concerned that the Planning Commission, the
Staff and the League of Women Voters, had been led to believe that a master plan would solve
all the problems of zoning. He pointed out that there is always a need to have a master plan
and the plan should always be up dated, but the concern is how this should be accomplished.
He emphasized that a master plan will not solve the one -by -one zoning questions.
Mr. Ed Williams, attorney, appeared and stated the problems which led to the question
of "exclusionary zoning" are in the new subdivisions around the perimeter of the City and not in
the older more established sections. He suggested that this exclusionary zoning concept not be
applied to those areas which were subdivided before we adopted zoning. He stated he was
particularly interested in the rehabilitation of the downtown section, pointing out that
"exclusionary zoning" would prohibit improvements that might otherwise be made; and encourag-
ing people to live in the downtown area would accomplish two purposes, reduce the amount of
traffic and rejuvenate this area.
City Manager Townsend presented proposed amendments to the Agreement of Lease with
the Corpus Christi Airport Development Corporation appearing on the agenda for third and final
reading.
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Regular Council Meeting
October 31, 1973
Page 13
Motion by Acuff, seconded by Stark and passed, that the ordinance granting a 20 -year
lease to the Corpus Christi Airport Development Corporation, read on the first two of three
readings on September 26, 1973 and on October 3, 1973, be amended by amending the Agreement
of Lease and Agreement of Sublease contained in said ordinance as follows:
Amend the ordinance granting a 20 -year lease to the Corpus Christi Airport Development
Corporation, read on the first two of three readings on September 26, 1973 and on October 3, 1973,
by amending the Agreement of Lease and Agreement of Sublease contained in said ordinance as
fol lows:
1. In the Agreement of Lease, the description on the first page, in the second and
fourth calls, change reference from "Airport Entrance Road" to "International Drive".
2. In the Agreement of Sublease, on page 2, the sixth paragraph, delete the last two
words, "without coupons".
3. On page 3 of the Agreement of Sublease, in Section 2 DEMISED PREMISES, change
reference from "Airport Entrance Road" to "International Drive" in the second and fourth calls.
4. On page 4 of the Agreement of Sublease, in Section 3 AGREEMENT TO CONSTRUCT,
subsection (b), the second line, before the figure"$1,600,000" add the following: "no less than".
5. On page 6 of the Agreement of Sublease, in Section 10 BONDS, the fourth complete
sentence, delete the following: in line 20, delete the word "both" following the word "event"
and before the words "the Sublessee"; delete the words "and Guarantor" following the words
"the Sublessee"; in line 21, delete the word "their" following the words "substantially all of" and
before the word "assets" and in lieu thereof add the word "its"; in line 24, delete the words "and
Guarantor" following the word "Sublessee"; delete the word "both" following the word "and" and
before the word "Sublessee and before the word "shall", the said sentence to hereafter read as
fol lows:
"Accordingly, the Sublessee agrees that in the event a receiver should be appointed by
a Court of competent, jurisdiction to take charge of the business or assets of both the Sublessee and
Guarantor, or in the event both the Sublessee and Guarantor are adjudicated bankrupts, whether
or not through voluntary proceedings, and such receivership or bankruptcy proceedings are not
dismissed within a period of 120 days, or in the event the Sublessee should sell all or substantially
all of its assets (exclusive of the stock or assets of any of the Sublessee's subsidiaries, if any), all
Minutes
Regular Council Meeting
October 31, 1973
Page 14
rentals for the entire remaining term of this lease shall forthwith and automatically become due
and payable in cash from the Sublessee and the Sublessee shall immediately pay the aggregate
amount so payable, provided, however, that this provision shall be inapplicable with respect to
any dissolution and termination of the corporate existence of the Sublessee, if the same be
pursuant to the terms of a sale or merger of all or substantially all of the assets of the Sublessee
to another corporation which other corporation shall expressly assume all of the obligations of the
Sublessee hereunder and which other corporation (or such other corporation and its subsidiaries)
is acceptable to Trustee under and in accordance with Trustee's standard loan policies and
procedures at such time."
6. On page 7 of the Agreement of Sublease, in Section 12 SUBLEASE RENTALS,
item (i) under (a), delete the item as presently written and in lieu thereof substitute the following:
"(i) On or before the day of , 197 , the
Basic Lease Rental Payment of $39,400.00; and"
7. On page 8 of the Agreement of Sublease, in subsection (d), delete the entire last
line following the word "Sublease."
8. On page 9, Section 17 of the Agreement of Sublease, substitute the word "Sublessee"
for "Guarantor" at the beginning of the second line and as the beginning word of the second
sentence beginning on line three.
seconded the Motion to so amend the ordinance. Unanimously approved by the City Council.
ORDINANCE NO. 11764
THIRD READING OF AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF LEASE WITH THE
CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FOR THE LEASING BY THE SAID
CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION OF A l0 -ACRE TRACT OR PARCEL
OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS IS MORE FULLY SET
FORTH IN THE AGREEMENT OF LEASE, AND TO APPROVE SUBLEASE BETWEEN CORPUS CHRISTI
AIRPORT DEVELOPMENT CORPORATION AND POWER MONOLITHICS, INC., AS SET FORTH
IN THE SUBLEASE, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF;
PROVIDING THAT REPEAL OF ORDINANCES IN CONFLICT HEREWITH SHALL NOT BECOME
EFFECTIVE UNTIL SIXTY DAYS AFTER FINAL PASSAGE OF THIS ORDINANCE; PROVIDING FOR
PUBLICATION.
The foregoing ordinance was read for the third time and passed finally, as amended by
the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Stark, present
and voting "Aye"; Lozano absent.
Minutes
Regular Council Meeting
October 31, 1973
Page 15
City Manager Townsend reported that a letter -agreement proposal had been sent to the
Mayor of Robstown outlining operating procedures for the City of Corpus Christi to be in a position
to cavy out AID'S County -wide responsibilities for backing up the ambulance service available
in the City of Robstown. He stated a copy of this letter -agreement proposal had been made avail-
able to the Council for study.
Commissioner Ricardo Gonzalez requested that the Staff obtain a study report from the
Dallas Police Department giving information on their program regarding youth crime in that City.
In answer to questions raised by members of the Council, City Manager Townsend
stated he would have a report next week relative to the naming of delegates to the "Congress of
Cities of National League of Cities" to be held in San Juan, Puerto Rico, December 2-6, 1973.
Mr. Townsend announced that the hearing on Choke Canyon is set for Saturday, the
9th of November at 10:00 a.m. at Three Rivers. He stated a draft of the schedule would be
prepared in the meantime of things to be involved, and a Staff recommendation presented at
the hearing.
There being no further business to come before the Council, the meeting was adjourned
at 5:45 p.m., Wednesday, October 31, 1973.
I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing
minutes, same being for the period of October 3, 1973 through October 31, 1973, inclusive,
and having been previously approved by Council action, are by me hereby approved.
N-tUBY, Mayor
City of Corpus Christi, Texas