HomeMy WebLinkAboutMinutes City Council - 06/18/1975MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
June 18, 1975
2:00 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Commissioners:
Eduardo de Ases
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
City Manager R. Marvin Townsend
Acting City Attorney Michael May
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order in the Council Chamber
of the City Hall.
The Invocation was given by Reverend Lloyd Scott, Associate Pastor
of Bay Shore Evangelical Free Church.
City Secretary Bill G. Read called the roll of those in attendance.
Mayor Luby announced issuance of proclamations relative to the follow-
ing: SPARKLELINE WEEK, June 23 through June 27, 1975; FAMILY TENNIS WEEK, June 21
through June 29, 1975; and BLACK AWARENESS WEEK, June 16 through 21, 1975.
Motion by Lozano, seconded by Tipton and passed, that the Minutes of
the Regular Council Meeting of June 4, 1975 be approved.
Motion by Lozano, seconded by Gulley and passed, that the following
appointments and reappointments to Boards & Commissions be confirmed and approved:
Building Code of Appeals: J. R. Fulton and R. C. Garcia, reappointments;
Coastal Bend Council of Governments:
Non -Elected Officials: Rev. Harold T. Branch;
Alternates: R. Marvin Townsend, Archie Walker, Duaine Orr, Ernest
Briones, and Robert Schneider;
Elected Officials: Mayor Jason Luby, Gabe Lozano, Sr., Mayor Pro
Tem Bill Tipton, Ruth Gill and Bob Gulley;
Alternates: Eduardo de Ases and Edward Sample.
Mayor Luby called for the City Manager's Reports, and City Manager
Townsend presented requests and recommendations with related explanations and
comments, as follows:
a. That a public hearing be held on the following zoning applications
during a Special Council Meeting at 3:30 p.m. on July 9, 1975:
(1) City of Corpus Christi - "R -1B" to "I-2", located along the east
side of Waldron Road 135' south of South Bayberry Place.
(2) Mr. Theo Benford & Mrs. Nelda Collins dba Collins Catering, "R -1B"
to "B-4", located east side of Flour Bluff Drive 420' north of
South Padre Island Drive.
(3) Mr. Raymond Barnes, "A-2" to "B-1", located on the northwest
corner of Artesian and Comanche Streets.
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Regular Council Meeting
June 18, 1975
Page 2
(4) Mrs. Louise F. Vickers, "B-1" to "B-4", located on the southeast
corner of Candlewood and South Padre Island Drives.
(5) Mr. Herbert Alexander, Tract A: "R -1B" & "R-2" to "A-1"; and
Tract B: "R-2" & "A-1" to "B-1", located west on Waldron Road
north of Purdue Road.
b. That a lease between Mr. Carter Younts and the Lower Nueces River
Water Supply District be approved for the balance of 1975 thru February 20, 1977.
This property was originally leased to Mr. D. D. Petty who defaulted.' Mr. Younts
has agreed to continue the lease for the balance of the 5 -years under the same
terms which is $5.75 per acre per year for grazing rights. Mr. Younts presently
leases tracts on both sides of the property.
c. That the five tracts of land owned by the Lower Nueces River Water
Supply District at Lake Corpus Christi be designated as game preserves under the
jurisdiction of the City and the Texas Department of Parks & Wildlife. If approved,
the City will post signs and State game wardens will police the designated game
preserve areas for the City and the District. Designation as a game preserve will
make hunting illegal without otherwise affecting the property.
d. That leases be awarded for 4 tracts of Coastal Public Lands along
the John F. Kennedy Causeway for Graham's Bait Stand, Parker's Bait Stand, Witt's
Bait and Tackle, and Fisherman's Folly. Negotiations with the operators have
resulted in substantial agreement. The rent which has been paid since February
1971 will continue, with additional provisions that an alternate payment of 1% of
the annual gross receipts would be paid if it exceeds the basic rental, and that
increases in rent up to 20% could be established by the City Council at two year
intervals. The agreements expire October 24, 1979, but can be extended for an
additional five years. Rents and hours of operation for each franchise will be
as follows:
Franchise Annual Rental Hours of Operation
Graham's Bait Stand . $1,080 Every day 6 AM - 12 PM
Parker's Bait Stand 936 Every day 6 AM - 2 PM
Witt's Bait and Tackle 864 Thursday - Monday Sunrise -
Sunset
Fisherman's Folly 864 Every day 7 AM - 9 PM
The City is sub -leasing these lands under a lease agreement with the School
Land Board which provides that 1/3 of the revenue received goes to the School Land
Board and another 25% is placed in an interest-bearing trust account to finance
future improvements.
e. That the West Port Area and Everhart Road Street Improvement project
be accepted and final payment of $26,004.90 be made to H -S Green Company for a
total of $261,176.30. Several outstanding claims have been made against this
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Regular Council Meeting
June 18, 1975
Page 3
contractor by local subcontractors and material suppliers. The Legal Department
recommends release of the final payment and that recovery for claims be made by
subcontractors through the bonding company. It is further recommended that $1,200
be charged for liquidated damages for failure to complete on time. The contract time
was exceeded by 35 days but only 12 days of liquidated damages at $100 per day are
recommended because of delays caused by rain and utility relocations. It is also
recommended that the final assessment roll of $78,687.35 be adopted. The following
streets were included:
' (1) Sarita Street, from Morgan Avenue to Baldwin Boulevard
(2) Niagara Street, from Belton Street to Burnet Street
(3) Bertram Street, from Belton Street to Burnet Street, and
(4) Everhart Road widening for turning lanes at Padre Island Drive
f. That a five-year lease agreement be authorized with Tract 16 Neighbor-
hood Council for City -owned tax foreclosure property located at 2835 Blake Street
for a Community Center. The Tract 16 Council will move a building to the site.
Approved by previous Council April 9, 1975 but the lease could not be acted on because
of the moratorium.
g.
That two change orders be approved for the Auditorium as follows:
(1) The installation of an emergency generator system, power -driven
in lieu of the battery system specified, for a reduction of
$8,728.
(2) The installation of asbestos curtain and orchrestra pit covers
as called for in Alternate 11-A of the original contract documents
of $108,596. The contractor originally bid $161,000 for this
item but there was an apparent error. The appropriation ordinance
included $128,000 for this work but did not authorize the alternate
until the price had been negotiated. Since both items are reduc-
tions, no additional appropriation is required.
h. That Change Order No. 6 for $5,726 to the Airport Tower project be
approved for the following modifications:
(1)
The addition of four 3" conduits from the generator to the
building to serve the revised location and size of the emergency
generator - $4,631.
(2) The relocation of air conditioning coils, thermostat and some
air handlers in the third floor of the existing tower building
to allow for the installation of air conditioning ducts - $1,095.
The total cost will be amortized by F.A.A. through the proposed 15 -year
lease agreement. No additional appropriation is needed.
i. That fire breaks be required where large undeveloped parcels of land
are overgrown with brush and weeds such as in Flour Bluff. All brush, grass or
weeds within 50' of the property line of any adjacent property which is developed and
contains a structure thereon and within 20' of the property line adjacent to any
public right-of-way, would be required to be maintained at a height no greater than 24"
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regular Council Meeting
June 18, 1975
Page 4
and all branching growth and leafy foilage would be required to be removed which
is five feet or less above the ground. The Fire Chief would be authorized to require
greater fire protection measures. Violations would be declared a public nuisance and
upon failure of the owner to abate within 30 days, the City could abate the nuisance
and asses the cost as a lien against the property. Recent fires in the Flour Bluff
area have emphasized the need for this ordinance. A petition requesting its passage
has been signed by 48 residents in the Bayberry Terrace subdivision area.
J. That authority be granted for the City, as the Administrative Unit of the
Consortium, to enter into a CETA, Section 112, Non -Financial Agreement with the Texas
Board of Vocational Education for 1976. The program will provide vocational education
services and activities to eligible participants in the Consortium area at $149,269
of which $13,883 is administrative cost. Services will be directly provided by Del
Mar College, Bee County College and Education Service Centers in Alice, Beeville and
Corpus Christi.
•
k. That the request of Mr. James L. Brozo to install a 24 foot drive and
76 feet of landscaped screening of trees and bushes in lieu of 100 feet of three
feet high masonry wall be approved along Holmes Drive between Padre Island Drive and
Mt. Vernon. The property owners agreed in 1969 to maintain the wall for a distance
of 150 feet along Holmes Drive extending from Mt. Vernon Drive when the property was
rezoned. A restaurant will be constructed with the entrance off of Holmes. (See subse-
quent motion relative to this item).
Mr. John H. Scott, Chairman of Tract 16 Neighborhood Council, thanked the
Council and staff for what has been done leading to a five-year lease agreement of
City -owned property located at 2835 Blake Street whereby Tract 16 Council will be
permitted to move a building to the site for use as a Community Center. He said they had
hoped for a longer lease but would accept it as written.
Mr. Jim Wells, 1818 Graham Road, spoke in opposition to the staff proposal
(Item "i") to require 50 -foot fire breaks where undeveloped parcels of land are over-
grown with brush and weeds. He protested on the basis that the requirement would
place the burden of fire protection on individual property owners rather than on the
City, putting the owner of undeveloped property in the position of having to pay to
protect developed property. He pointed out that the source of fires are on developed
land.
City Manager Townsend reviewed the two ordinances now in effect for the
control of weeds in the City as determined by the Director of Health to be a health
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Regular Council Meeting
June 18, 1975
Page 5
hazard, and pertaining to the care of premises which involves accumulation of junk
lumber, brush, or anything that might contribute to the health and safety of the
public. He explained that these ordinances have not been sufficient to address to
Targe parcels of brush land. He explained that the purpose of this ordinance is+t,
not addressed to property such as Mr. Wells' but to brush land and the purpose of
this ordinance is aimed at Flour Bluff where there have been some large brush fires
in_ recent years.
Mr. Wells stated the recommended 50 -foot break would not prevent a fire,
and contended that if he is required to maintain a 50 -foot area, in his case, he
would have to maintain five acres of ground. He also questioned the reference to
"weeds" in the ordinance, stating a person should be allowed to grow anything he
chooses, and if asked to cut the growth, personal privacy is being violated.
Commissioner de Ases pointed out that the proposed ordinance is being
presented on first reading, and if Mr. Wells has reservations regarding the wording,
that he discuss this and the location of his property with Administrative Assistant,
Tom Basile, and that his comments and suggestions be submitted to the staff and
brought before the Council for consideration before the second reading.
Motion by Lozano, seconded by Tipton and passed, that the City Manager's
Reports be accepted, and Items "a" through "k" be granted, approved and adopted, as.
presented by City Manager Townsend.
City Manager Townsend discussed the item relative to Mr. Jack Irwin's appeal
of the Coliseum Manager's decision not to award the 5 percent athletic rate for two
closed circuit television events of the past year. He explained that Mr. Irwin's
Coliseum 12 -month contract period expires the 19th day of June and he has only had
seven live boxing events, but that eight events are required to qualify for the special
low -rent rate. He stated the staff feels the 5 percent rate is supposed to apply
only to live athletic events; that closed circuit television events are not the same,
and should be charged the 10 percent rate. He commented that the Council should be
considering increasing the rates rather than lowering them because of increased
operating costs. He also pointed out that making the closed circuit events retroactive
would mean that, in addition to his not being penalized, the City would have to refund
him for $2,100 for the 10 percent rate he paid on the two television events held this
year.
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Regular Council Meeting
June 18, 1975
Page 6
Attorney Robert Blackmon, speaking for Mr. Floyd Emerson, local wrestling
promoter who was in the audience, expressed concern about any increase in Coliseum
charges, quoting Attorney Harry Hoag as saying Mr. Erwin is principally interested
in fights and is not making any money. He suggested that the ordinance be amended
to the effect that the number of events needed to qualify for the 5 percent rate
be lowered from eight to seven in a 12 -month period, with not more than two events
on closed circuit, and that this action be made effective as of this date.
Motion by Tipton, seconded by Lozano and passed, that the Coliseum and
Exposition Hall ordinance be amended to the effect that the number of athletic events
needed to qualify for the 5 percent rate on live sporting events be lowered from eight
to seven in a 12 -month period, of which no more than two may be closed circuit events,
past
and made effective this date, and that the 10 percent rates on/closed circuit TV be
retained.
City Manager Townsend presented the following ordinances for the Council's
consideration:
FIRST READING OF AN ORDINANCE RELATING TO CONTROL OF PARCELS OF LAND WHEREIN THERE
EXISTS WEEDS OR VEGETATION, DEAD TREES, DEAD BRANCHES ON LIVING TREES, OR OTHER
HAZARDOUS WASTE OR REFUSE, WHICH IN THE JUDGMENT OF THE FIRE CHIEF OR HIS DESIGNATED
REPRESENTATIVE, CONSTITUTES A FIRE HAZARD; PROVIDING FOR FIRE BREAKS WHERE DEEMED
NECESSARY BY THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE; PROVIDING FOR NOTICES
TO THE PERSON HAVING CONTROL OF SUCH LAND OR THE OWNER; PROVIDING FOR A LIEN TO
CLEAR THE PREMISES; PROVIDING FOR REMEDIES AT LAW; PROVIDING SEVERABILITY; PROVIDING
A PENALTY; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Tipton, Gill, Lozano and Sample and de Ases, voted
"Aye"; Luby'voted "NAy", and Gulley abstained.
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY
ADDING THERETO A NEW SECTION, NUMBERED 9-84, SO AS TO ESTABLISH THE FIVE TRACTS OF
LAND OWNED BY THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AT LAKE CORPUS CHRISTI AS
GAME PRESERVES UNDER THE JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE TEXAS
DEPARTMENT OF PARKS & WILDLIFE.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample,
present and voting "Aye".
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH ADOLPH WITTNER, DBA WITT'S BAIT AND TACKLE, CONCERNING USE OF TRACT 10 OF THE
COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND
CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM
ATTACHED HERETO, MARKED EXHIBIT 'A", IS MADE A PART HEREOF.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample,
present and voting "Aye".
Minutes
Regular Council Meeting
June 18, 1975
Page 7
FIRST READING OF AN ORDINACE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FLOYD BEAUREGARD DBA FISHERMAN'S FOLLY CONCERNING USE OF TRACT 7 OF THE COASTAL
PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY,
FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET
FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED
HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano
and Sample, present and voting "Aye".
FIRST READING OF AN CRDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH F. J. GRAHAM DBA GRAHAM'S BAIT STAND CONCERNING USE OF TRACT 3 OF THE COASTAL
PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND
CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM
ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano
and Sample, present and voting "Aye".
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH FRANK MOORE DBA PARKER'S BAIT STAND CONCERNING USE OF TRACT 4 OF THE COASTAL
PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSE-
WAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY
SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED
HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano
and Sample, present and voting "Aye".
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR
LEASE AGREEMENT WITH THE TRACT 16 NEIGHBORHOOD COUNCIL LEASING TO THE COUNCIL THE
PROPERTY AT 2835 BLAKE STREET FOR USE AS A COMMUNITY CENTER BY MOVING ONTO THE
PROPERTY A BUILDING PRESENTLY OWNED BY THE CENTER, ALL AS SET FORTH IN THE LEASE
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A".
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano
and Sample, present and voting "Aye".
SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY
AMENDING SECTION 38-49, PARTICULARLY AS AMENDED BY ORDINANCE NO. 12209, SO AS TO
PROVIDE FORA SCHEDULE OF RATES FOR DRIED SLUDGE AS HEREINAFTER SET FORTH; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE
DATE; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and
Sample, present and voting "Aye".
ORDINANCE NO. 12647
THIRD READING OF AN ORDINANCE AMENDING SECTION 33A-8 OF THE CORPUS CHRISTI CITY
CODE, AS AMENDED, BY AMENDING PARAGRAPH (a) OF SAID SECTION 33A-8 SO AS TO ALLOW
CERTAIN ADDITIONAL CHARGES WHERE UNUSUAL TABOR IS INVOLVED, SUCH AS DISENGAGING
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Regular Council Meeting
June 18, 1975
Page 8
OF DRIVESHAFTS, REMOVAL OF TIRES, TOWING OF MOTORCYCLES, OR PULLING A CAR FROM A
DITCH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12648
AMENDING ORDINANCE NO. 12191, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH
DAY OF JULY, 1974, PERTAINING TO THE FOLLOWING STREETS:
1. Sarita Street, from Morgan Avenue to Baldwin Blvd.;
2. Niagara Street, from Belton Street to Burnet Street;
3. Bertram Street, from Belton Street to Burnet Street; and
4. Everhart Road, from approximately 300 feet south and 370
feet north of frontage roads adjacent to South Padre Island Drive,
BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS
LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS FULLY PROVIDED HEREINAFTER; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12649
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CETA, SECTION 112,
NONFINANCIAL AGREEMENT FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT
OF THE COASTAL BEND MANPOWER CONSORTIUM, WITH THE TEXAS BOARD OF VOCATIONAL EDUCA-
TION FOR FISCAL YEAR 1976, AT A COST OF $149,269, AS MORE FULLY OUTLINED AND SET
FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED
AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID
PROGRAM; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12650
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 PARTICUTARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THE CORPUS CHRISTI OSTEOPATHIC
HOSPITAL, FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REtQUIREMENT ALONG THE
NORTH AND WEST PROPERTY LINES OF LOTS 1 AND 2, COPPS SUBDIVISION, SITUATED IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
Minutes
Regular Council Meeting
June 18, 1975
Page 9
Commissioner Gulley commented that he had abstained on the ordinance
relating to control of land that is overgrown with weeds until he is furnished
more information, including a map showing the property involved with street names,
and a copy of the proposed ordinance.
City Secretary Read stated that according to his tabulation, all ordinances
had passed with votes as noted.
Mr. Jack Pedigo, attorney representing Mr. Jesse D. Hall, appeared and
stated it was his impression that he was to have received a report from City Manager
Townsend following his appearance before the Council on May 28 in connection with
Mr. Hall's arrest for speeding on January 10. He inquired if Mr. Townsend's investi-
gation had closed the matter of the alleged brutality involved in the arrest. He
restated his complaint that the destruction of tapes prior to the trial in this case
was an obstruction of justice and stated there should be some regulation established
for the preservation of such tapes.
Mr. Townsend stated that an investigation of this case had been made and
a report furnished the Council. He explained that there had been some misunderstanding
regarding the tapes, the officer had been chastised, and he would arrange to have
Assistant City Manager Walker discuss the report with Mr. Pedigo.
Mr. Albert Campbell, 4918 Janet, spoke in opposition to the recommendation
of the City Manager that the request of Mr. James L. Brozo to install a 24' drive
and 76 feet of landscaped screening of trees and bushes in lieu of 100 feet of three
feet high masonry wall. He reminded the Council that when this property was rezoned
in 1969, Ennis Joslin and Roy Smith signed a three-way agreement that,a'wall would be
constructed and maintained for a distance of 150 feet along Holmes Drive and Mt. Vernon,
construction of. sidewalks, and traffic routed to Padre Island Drive. He stated the
property owners feel the original contract should be complied with, and requested
reconsideration of this item (Item "k").
Motion by de Ases, seconded by Gill and passed, that Item "k" of the City
Manager's Reports be considered next week and both involved parties be present
and present their views of the matter.
Mr. Bryan L. Hamon, who was granted a 4 -month concession on McGee Beach
June 4, appeared and requested that he be permitted to move an 8' x 10' portable
building to the sidewalk at the top of the steps, stating the reason for the request
was a history of vandalism at the beach level. •
City Manager Townsend explained that this question had been presented and
discussed at the time the lease was granted, and it had been made clear that this
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Regular Council Meeting
June 18, 1975
Page 10
request could not be granted, and the recommendation of the staff had been made on
the basis that the structure be placed at the bottom of the steps. He commented
that after construction is completed on McGee Beach, the concession will be inside
the building, and it is possible a watchman will be on duty during the summer. The
Council unanimously agreed that Mr. Harron should not be permitted to move the concession
to the sidewalk at the top of the steps because of general opposition from the public.
Mayor Luby announced the Council would now hold the public hearings on four
zoning cases scheduled for 3:30 p.m.
City Manager Townsend presented Application #475-3, James F. Boudreau, Sr.,
for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Busi-
ness District, on a 10.00± acre tract out of 70 acres of the Gregorio Farias portion
of Barranco Blanco Grant, located on the north side of UpRiver Road approximately
1,800+ feet east of State Highway 77 at Five Points. The application was heard by
the Planning Commission April 15, 1975, and forwarded to the Council with the recom-
mendation that it be approved as submitted. The Planning Staff concurred in this
recommendation in view of the existing "B-4" zoning along both sides of the property
and its location on Highway 77.
No one appeared in opposition to the foregoing request.
Motion by Lozano, seconded by Gulley and passed, that the hearing be
closed.
Motion by Lozano, seconded by Gulley and passed, that the recommendation
of the Planning Commission be concurred in and Application #475-3, James F. Boudreau, Sr.
for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business
District on a 10.00+ acre tract out of 70 acres of the Gregorio Farias portion of
Barranco Blanco Grant, be approved as requested, and an ordinance be brought forward
effectuating the change.
City Manager Townsend presented Application #475-4, James H. Young, for
change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House
District on Lots 24, 25 and 26, Block 24, Del Mar Addition, located on the south
side of Clifford Street midway between South Alameda and Lawnview Streets. The
application was heard by the Planning Commission on April 15, 1975 and forwarded to
the Council with the recommendation that it be approved as submitted. The Planning
Staff recommended denial on the basis that it would be an intrusion into an established
single-family residential area and the streets would be overly congested since the
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Regular Council Meeting
June 18, 1975
Page 11
streets are narrow and one-way and any additional density would increase this con-
gestion. Mr. Townsend reported that in response to notification letters of this
hearing, five letters had been returned in opposition and two in favor of the requested
change in zoning, the opposition generally based on the narrowness of the street,
insufficient parking space, and out of character with the neighborhood.
Chief Planner Larry Wenger made a colored slide presentation of the general
area and described the zoning and land use surrounding the property. He stated the
opposition was sufficient to envoke the 20 percent rule.
Mr. James H. Young, applicant, spoke on behalf of his request, stating he
is in the real estate business and in a position to be knowledgeable in this field.
As to the intrusion into the residential area, he stated it is a question as to.
where the line should be drawn between the residential and "A-2" zoning. He stated
it is his opinion that the request is logical, the area is not suitable for single-
family uses and there will be no new construction in that area. He pointed out that
there is "A-2" zoning 110 feet from this property; there is a definite need for apart-
ments due to its close proximity to Spohn Hospital and the 6 Points and downtown areas;
it will be
/an asset to the community; there will be adequate parking; and will be tax revenue
to the City.
No one appeared to speak in opposition to the foregoing request.
Motion by de Ases, seconded by Tipton and passed, that the hearing be
closed.
Motion by Gulley, seconded by Lozano and passed, that the recommendation
of the Planning Commission be concurred in and Application #475-4, James H. Young,
for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House
District, on Lots 24, 25 and 26, Block 24, Del Mar Addition, be approved as submitted,
and
for
an ordinance be brought forward effectuating the change.
Mayor Luby announced the bid opening scheduled for 4:00 p.m.
Bids were opened and read by Director of Engineering & Physical
installation of new electrical panels, additional electrical conduit
Development
and wiring,
and the necessary electrical receptacles for various offices and classrooms on the
first and second floor of Washington School (HIALCO Center), from the following firms:
N. R. Johnston Electric, Inc.; Scott Electric Company; Bodine Electric Company; Milford E.
Zuch Company; Clements Electric, Inc.; and Mathieu Electric Company. Mr. Lontos
explained that the building is being leased by the City from the School District for
use as a Senior Citizens center and part subleased for the HIALCO Community Center.
Minutes
Regular Council Meeting
June 18, 1975
Page 12
This project is included in the first year of the Community Development Program.
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.
City Manager Townsend presented Zoning Application #475-5, Sam Perkins and
Charlie L. Bellah, for change of zoning from "R -1B" One -family Dwelling District to
"A-1" Apartment House District on a portion of Lot 3, Section 28, Flour Bluff and
Encinal Farm and Garden Tracts, located on the south side of McArdle Road 750' west
of Ennis Joslin Road. The request was heard by the Planning Commission April 15, 1975
and forwarded to the Council with the recommendation that it be approved as submitted,
The Planning staff concurred in this recommendation on the basis that it would be a
logical extension of the existing "A-1" zoning in the area.
Mr. W. H. Stahl, 3119 McArdle, spoke in opposition to this request.
Motion by Tipton, seconded by Sample and passed, that the hearing be
closed.
Motion by Tipton, seconded by Gulley and passed, that the recommendation of
the Planning Commission be concurred in and Application #475-5, Sam Perkins and
Charlie L. Bellah, for change of zoning from "R -1B" One -family Dwelling District to
"A-1" Apartment Douse District on a portion of Lot 3, Section 28, Flour Bluff and
Encinal Farm and Garden Tracts, be approved as requested, and an ordinance be brought
forward effectuating the change.
City Manager Townsend presented Application #475-8, H. E. Butt Grocery
Company, for change of zoning from "B-1" Neighborhood Business District and "I-2"
Light Industrial District to "B-4" General Business District on a 4+ acre portion of
the Foresman Tract, located between Baldwin Boulevard and Morgan Avenue 113+ feet
east of Rosewood Street. The request was heard by the Planning Commission on April 15,
1975, and forwarded to the Council with the recommendation that it be approved as
requested. The Planning staff recommended denial on the basis that there are adequate
signs on the subject property with one freestanding sign and one sign flat against
the building along both Morgan and Baldwin, and on the basis that the character of
the adjacent neighborhood should hn prnanrvad.
Mr. Wenger described the land use and zoning in the surrounding area trom
colored slides. He explained that the request is being made for "6-4" to replace an
existing sign and at the sane time acquire one zoning category for the entire LnacL.
Mr. David Reeves, Gulf Breeze Street, stated it was his opinion that the
signs should be limited to those presently existing, and that this condition should
be written into the ordinance, should the request be granted.
Minutes
Regular Council Meeting
June 18, 1975
Page 13
Mr. Bob Sorrell, Jr., spoke representing the applicant and explained that
they are in the process of remodeling the shopping center and are requesting "8-4" in
order to replace an existing sign and at the same time acquire one zoning category
for the entire tract. He stated no bill boards are contemplated.
Mr. Ralph Hall, 807 North Upper Broadway, employee of H.E. Butt Grocery
Company, explained the plans to reconstruct the existing sign to change from Thrift -Tex
to H.E.Butt. He pointed out that the freestanding sign does not exceed the limits
of the "B-4" zoning District; explained that the property is totally fenced except
for the area of the truck ramps and incinerator; and stated this would be a logical
zoning for the entire tract.
Motion by Gulley, seconded by de Ases and passed, that the hearing be
closed.
Motion by Tipton, seconded by Gulley and passed, that the recommendation
of the Planning Commission be concurred in and Application #475-8, H. E. Butt Grocery
Company, for change of zoning from "B-1" Neighborhood Business District and "I-2"
Light Industrial District to "B-4" General Business District on a 4+ acre portion of
the Foresman Tract, be approved as requested and an ordinance be brought forward
effectuating the change.
ORDINANCE N0. 12651
AMENDING CHAPTER 12, COLISEUM AND EXPOSITION HALL, OF THE CORPUS CHRISTI CITY CODE,
1958, AS AMENDED, BY AMENDING SECTION 12-32 OF SAID CODE TO APPLY THE CLASS V,
ATHLETIC EVENT RATE TO A SERIES OF SEVEN ATHLETIC EVENTS OF WHICH NOT MORE THAN TWO
MAY BE CLOSED CIRCUIT TELEVISION EVENTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12652
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 JAMES F. BOUDREAU, SR. BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 10 ACRES MORE OR LESS, OUT OF 70
ACRES OF THE GREGORIA FARIAS PORTION OF BARRANCO BLANCO GRANT, SITUATED IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT
TO "B-4" GENERAL 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: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
Le
Minutes
Regular Council Meeting
June 18, 1975
Page 14
ORDINANCE NO. 12653
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 PARTICUTARLY
AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JAMES H. YOUNG
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 24, 25, 26, BLOCK 23,
DEL MAR ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; KEEP-
ING 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12654
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 SAM PERKINS AND
CHARLIE L. BELLAH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION
OF LOT 3, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND CARDEN TRACTS, SITUATED IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING
DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS
OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12655
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 H. E. BUTT
GROCERY COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE FORSMAN
TRACT, FILED OF RECORD IN VOL. 17, PAGE 49, NUECES COUNTY MAP RECORDS SITUATED IN
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1 NEIGHBORHOOD BUSINESS
DISTRICT AND "I-2" LIGHT INDUSTRIAL 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: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
Mr. David Reeves stated that he had noticed from a newspaper item that the
City of Houston had approved an ethics policy relating to the conduct of all City
employees,applicable to the mayor on down, that anything received in the way of gifts
be reported to the news media, and requested that this Council consider a.similar
action.
There being no further business to come before the Council, motion by Tipton,
seconded by de Ases and passed, that the meeting be adjourned at 4:40 p.m., June 18,
1975.