HomeMy WebLinkAboutMinutes City Council - 11/12/1975PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Commissioners:
Eduardo de Ages
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 12, 1975
2:00 P.M.
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Assistant City Manager Archie Walker
Acting City Attorney Michael May
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order.
The Invocation was given by Reverend Fred W. Hendricks, Pastor of the New
Hope Baptist Church.
City Secretary Read called the roll of those in attendance and stated there
was a quorum of the Council and the necessary Charter Officers present to have a
legally constituted meeting.
Motion by Sample, seconded by Tipton and passed, that the Minutes of the
Regular Council Meeting of October 29, 1975 and of the Regular Meeting of November 5,
1975 be approved as submitted to the Council.
Mayor Pro Tem Tipton presented an appreciation plaque to Ms. Anna Marie Rivera
of the Clubs Unitary Council for her service and leadership in arranging for Halloween
parties at local Recreation Centers, attended by over 11,000 youths, The Council also
acknowledged Nick Nickerson, with the Parks and Recreation Department, for his assistance
toward the program.
Assistant City Manager Walker presented the scheduled public hearing of the
request to change the name of Martha Drive between Cantwell Drive and Savage Lane, to
Savage Lane, and showed a chart of the area. Martha Drive runs from a point where
Savage Lane turns north toward IR 37 to Cantwell Drive. Central Power and Light
Company is building a technical center on Martha Drive. The proposed name change
would eliminate any confusion regarding deliveries, since another Martha Drive exists
in Flour Bluff just north of the Barney Davis Power Plant.
Mayor Luby called for anyone in the audience in opposition to the renaming
of the street. No one appeared.
Motion by Tipton, seconded by Lozano and passed, that the hearing be closed.
Mayor Luby called for the City Manager's Reports, and Assistant City Manager
Walker presented requests and recommendations, with related comments and explanations
as follows:
Minutes - Regular Council Meeting
November 12, 1975
Page 2
a. That the bid award on 6 - 30" butterfly valves to replace valves worn
beyond repair for the Water Division be made to Corpus Christi Pipe and Supply
Company, Corpus Christi, on the basis of low bid meeting specifications of $24,779.60.
The valves are used to drain sand filters before backwashing. Six apparent low bids
did not meet specifications because two piece shafts and closed stuffing boxes were
bid instead of one piece shafts and open stuffing boxes as specified. Bids were
received from 9 firms. (Bid Tab 1174-75)
b. That the bid award for 18 air conditioners for the Booker T. Washington
Multipurpose Center (HIALCO) be made to Ike Manning Air Conditioning, Corpus Christi,
on the basis of low bid of $8,682 and that this amount be appropriated from Community
Development funds. Bids were received from 2 firms. (Bid Tab 1/75-75)
c. That the contract with Bodine Electric Company for the Washington Elementary
School (HIALCO Center) Electric Improvements be accepted and that $568,88 be appropriated
to supplement previous appropriations for this work. The total cost of this contract
is $8,710.50. This project is funded through the First Year Community Development
Block Grant Program.
d. That the McGee Beach Project be accepted and that payment in the amount
of $48,750 for a total of $291,224 be made to the contractor, the Goldston Company.
This figure represents all but $1,500 of the total funds due the contractor. It is
recommended that $1,500 be withheld from the acceptance estimate until the problem of
the breakage of the acrylic housings on the breakwater lights is corrected. A ten-day
time extension is also recommended, The project included the construction of the walk-
way, a concession facility, restroom facilities and lights on the breakwater.
Mayor Luby inquired why the City was holding $1,500 for breakage,
Assistant City Manager Walker replied that he understood that the specifications
for the McGee Beach project called for unbreakable lights, and that the manufacturer
was replacing the present protective guards with a more durable type.
Mayor Luby complimented the addition of the lights to the area; he said they
were very beautiful, and that he has received a number of favorable comments regarding
them.
e. That Corpus Christi Museum Roof Improvements be accepted and that final
payment to the contractor, Sechrist-Hall for $10,562 be approved. The museum roof
repairs project also included by change order roof repairs and vent installation at
the HIALCO Center. Because of the additional work, a four-day extension of time is
requested.
Minutes - Regular Council Meeting
November 12, 1975
Page 3
f. That the following actions be taken in connection with the Molina Area
Unit II Street Improvements, Part "B":
(1) A contract be awarded to King Construction Company for $482,326,56,
The contract will not be executed until after the assessment hearing
on November 26th.
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(2) A change order be authorized deleting 13,650 square feet of driveway,
and in lieu thereof, adding 10,920 square feet of sidewalk at a price
of $1.15 per square foot instead of the $0.99 per square foot bid in
the proposal. This change order will result in an approximate reduction
in the contract of $8,599.50; and
(3) An appropriation of $500,000 be made to cover the award of the contract
of $482,326.56, plus engineering, laboratory testing and related
expenses.
That a $10 fee be charged individuals or companies for determining elevation
of property within the City. Since May 1, 1974, 139 such determinations have been made.
They are necessary before flood insurance policies can be issued. Each determination
takes 15 to 30 minutes of staff time and preparation of a letter.
h. That a contract be approved with the State Department of Highways and
Public Transportation wherein the State will reimburse the City 13% of the cost of new
buses and related equipment as approved in the 1975 Urban Mass Transportation Administra-
tion capital grant project. Total project cost will be $1,183,970 with the Federal
portion being $947,176, the State's $153,916 and the City's $82,878.
i. That the appointment of Dr. Milton L. Lewis as Industrial Health Physician
be confirmed. Mr. Lewis is currently in private practice in Anaheim, California,
specializing in Primary Care, General Surgery and Industrial Health. He received his
M.D. Degree from Jefferson Medical College of Philadelphia, Pennsylvania. He has
served in the United States Navy including his two years in Corpus Christi as Assistant
Professor of Medical Microbiology at the University of Southern California School of
Medicine, Consulting Microbiologist for Los Angeles General Hospital, Department of
Pathology, and in hospitals in New Orleans, Louisiana; Albany, New York; and Akron,
Ohio. He has also authored five medical papers.
J. That an agreement be authorized with Nueces County for joint utilization
of the Industrial Health Physician. In addition to performing his regular duties for
the City, the Physician will provide medical assistance and supervision for the County
Jail and Juvenile Shelter and physical exams for foster parents and other welfare
related activities. The County will pay $600 per month toward the $38,000 salary of
the physician.
Minutes - Regular Council Meeting
November 12, 1975
Page 4
k. That an existing 10' utility easement adjacent to Lot 1, Block 7, Ridgewood
Unit #1, located between Wooldridge Road, Holly Road, Everhart and Staples Street, be
abandoned. The owners of the property surrounding the easement are replating the lots
and alternate easements are being provided. The affected Departments concur.
1. That Ordinance No. 12781, approved on September 3, 1975, be amended to
correct a $4.99 appropriation error. The ordinance provided for a change order to the
Health Center contract to coordinate vehicular and pedestrian access to the Health
facility, Senior Citizens Center and Greenwood Library.
No one from the audience appeared to speak relative to any Item on the City
Manager's Reports.
Motion by Tipton, seconded by Lozano and passed, with Mayor Luby voting "Nay"
on Item "i", that the City Manager's Reports be accepted, and Items "a" through "1"
be granted, approved and adopted, as presented by Assistant City Manager Walker.
There was considerable discussion regarding the request by the Firemen's
Association for dues check -off. Some of the Council Members expressed concern that
the City should receive something from the City employees in return for granting such
an important concession; that it would be unfair to give this to the firemen and not
the policemen and other groups; that by granting the proposal it would be a show of
good faith on the part of the City; also that the action could be rescinded if it
failed to bring forth a return of good faith by the firefighters. Some Members of
the Council stated that they felt the issue should be settled at the negotiating table
rather than by the City Council at this time; it was pointed out that this was an item
for negotiation with the Police Association at this time; they voiced concern that if
this request were granted there was a possibility that other fringe benefits would be
wanted in addition to dues check -off.
Motion by de Ases, seconded by Gill, that the dues check -off be granted to the
Firemen's Association. Commissioners de Ases, Gill and Mayor Luby voted "Aye";
Commissioners Gulley, Lozano, Sample and Mayor Pro Tem Tipton voted "Nay". Motion
failed.
Assistant City Manager Walker presented for the Council's consideration the
following ordinances, with related comments and explanations as follows:
Minutes - Regular Council Meeting
November 12, 1975
Page 5
FIRST READING OF AN ORDINANCE ADOPTING A POLICY ESTABLISHING A BASIC FEE TO BE
CHARGED INDIVIDUALS, FIRMS, COMPANIES OR OTHER PARTIES FOR THE PURPOSE OF UTILIZING
PUBLIC RECORDS FOR THE PURPOSE OF DETERMINING ELEVATIONS OF PROPERTIES WITHIN THE
CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AUTHORIZING THE DIRECTOR OF ENGINEERING
AND PHYSICAL DEVELOPMENT TO ATTEST TO SAID ELEVATIONS BY LETTER FROM PUBLIC RECORDS,
SETTING A FEE TO BE CHARGED FOR SAME, AND PRESCRIBING REQUEST FOR INFORMATION
PROCEDURES; PROVIDING FOR SEVERANCE.
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".
ORDINANCE NO. 12896
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, BY AMENDING
ARTICLE 1, CHAPTER 38, SECTION 38-5, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL;
REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWAGE SYSTEM OF
THE CITY OF CORPUS CHRISTI; DEFINING TERMS; REQUIRING COMPLIANCE WITH EXISTING
AUTHORITY; PROHIBITING THE DISCHARGE OF CERTAIN LIQUID WASTES INTO PUBLIC SEWERS;
PROVIDING FOR THE ISSUANCE OF PERMITS FOR DISCHARGING WASTES; REQUIRING CONTROL
MANHOLES; AUTHORIZING DISCONNECTION OF WATER AND/OR SANITARY SEWER SERVICE TO PERSONS
VIOLATING THIS ORDINANCE; PROVIDING FOR INSPECTION AND SAMPLING OF INDUSTRIAL WASTE;
REQUIRING THE PRETREATMENT OF CERTAIN INDUSTRIAL WASTES; AUTHORIZING THE DIRECTOR OF
PUBLIC UTILITIES TO DETERMINE THE SUFFICIENCY OF PRETREATMENT; PROVIDING AN ABNORMAL
SEWAGE SURCHARGE; PROVIDING AN APPEAL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH,
AND PARTICULARLY REPEALING ORDINANCE NO. 10499 IN ITS ENTIRETY; CONTAINING A SEVERABILITY
CLAUSE; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF SAID ORDINANCE,
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, 12897
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,
BY AMENDING CHAPTER 38 THEREOF BY THE ADDITION OF ARTICLE XII, SECTIONS 38-89 TO -
38-94, SAID ARTICLE TO BE KNOWN AS THE "LIQUID WASTE HAULING ORDINANCE;" REGULATING
THE TRANSPORTING AND DISCHARGING OF DOMESTIC, COMMERCIAL, AND INDUSTRIAL LIQUID WASTES
INTO THE MUNICIPAL WASTEWATER SYSTEM BY COMMERCIAL LIQUID WASTE HAULERS; PROVIDING FOR
THE ISSUANCE OF PERMITS; REQUIRING THE KEEPING OF CERTAIN RECORDS; ESTABLISHING DUMPING
LOCATIONS; PROHIBITING THE DUMPING OF CERTAIN WASTES; ESTABLISHING DISPOSAL FEES;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND 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. 12898
CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT ADJACENT TO LOT 1, BLOCK
7, RIDGEWOOD UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
SUBJECT TO DEDICATION OF ALTERNATE EASEMENTS BY REPLATTING OF THE PROPERTY BY THE
OWNERS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY,
The Charter Rule was suspended and the foregoing ordinance was passed by the following
votn: Luby, Tipton, de Apes. Gill, Gulley, Lozano and Sample, present and voting "Aye".
ORDINANCE NO. 12899
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANSPORTATION FUND
PARTICIPATION IN UMTA PROJECT NO. TX -03-0020 IN AN AMOUNT OF 13% OF AUTHORIZED COST
INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT SYSTEM, ALL AS MORE FULLY SET FORTH
IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
Minutes - Regular Council Meeting
November 12, 1975
Page 6
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. 12900
AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO IKE MANNING AIR CONDITIONING FOR THE
PURCHASE'AND INSTALLATION OF 18 AIR CONDITIONING WINDOW UNITS FOR THE WASHINGTON
SCHOOL (HIALCO MULTIPURPOSE CENTER); APPROPRIATING $8,682 OUT OF THE NO. 162 FEDERAL -
STATE GRANT FUND, ACTIVITY 4732, CODE 502, FOR SAID PURCHASE ORDER; 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. 12901
APPROPRIATING $568.88 OUT OF THE NO. 162 FEDERAL -STATE GRANT FUND, ACTIVITY 4732,
CODE 502 TO SUPPLEMENT PREVIOUS APPROPRIATIONS FOR THE CONTRACT WITH BODINE ELECTRIC
COMPANY FOR CONSTRUCTION OF WASHINGTON SCHOOL ELECTRICAL POWER IMPROVEMENTS; 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. 12902
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR
CONSTRUCTION OF MOLINA UNIT II STREET IMPROVEMENTS, PART "B"; APPROPRIATING $347,337
OUT OF THE NO. 162 FEDERAL -STATE GRANT FUND, ACTIVITY 4.732, CODE 502, COMMUNITY
DEVELOPMENT BLOCK GRANT, GRANT NO. B -75 -MC -48-0502, FIRST YEAR PROGRAM; AUTHORIZING
THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND FOR SAID
$347,337 TO SUPPLEMENT $152,663 IN EXISTING ALLOCATIONS; APPROPRIATING AND REAPPROPRI-
ATING $500,000 OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $482,326,56 IS FOR THE
CONSTRUCTION CONTRACT AND $17,673.44 IS FOR INCIDENTAL AND RELATED EXPENSES, APPLICABLE
TO PROJECT NO, 220-72-1.1; 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. 12903
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE
ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE OWNERS
OF FLYWAY SUBDIVISION UNIT II, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH
FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT
OF LAND, CONSISTING OF 38.207 ACRES OF LAND, MORE OR LESS, OUT OF LOTS 13, 14, AND
15, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN NUECES COUNTY,
TEXAS, AND A PORTION OF COUNTY ROAD 26A, ALL AS IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING,
CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; 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. 12904
AMENDING AND CORRECTING ORDINANCE NO. 12781, PASSED AND APPROVED SEPTEMBER 3, 1975,
WHICH AUTHORIZED THE EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH LAMBERT &
FONDREN, INC., FOR CONSTRUCTION OF THE CORPUS CHRISTI HEALTH CENTER, SAID CHANGE ORDER
PROVIDING FOR ADDITIONAL SITE WORK TO COORDINATE BOTH VEHICULAR AND PEDESTRIAN ACCESS
.utes - Regular Council Meeting
November 12, 1975
Page 7
TO THE HEALTH FACILITY, SENIOR CITIZEN'S CENTER, AND GREENWOOD LIBRARY; CORRECTING
THE AMOUNTS OF APPROPRIATION CANCELLED BY SAID ORDINANCE NO. 12781 IN THE NOS. 121,
122, 124 AND 125 GENERAL REVENUE SHARING FUNDS TO BE $25,665.49, ACCORDING TO THE
SCHEDULE ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; CORRECTING
THE AMOUNT AUTHORIZED FOR TRANSFER TO THE NO. 268 HEALTH FACILITIES BOND FUND FROM
$25,660.50 TO $25,665.49; KEEPING IN FORCE AND EFFECT ALL OTHER PORTIONS OF ORDINANCE
NO. 12781; 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. 12905
CONFIRMING THE APPOINTMENT OF DR. MILTON L. LEWIS TO THE OFFICE OF INDUSTRIAL HEALTH
PHYSICIAN BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye";
Mayor Luby voting "Nay".
ORDINANCE NO. 12906
CHANGING THE NAME OF MARTHA DRIVE, BETWEEN CANTWELL DRIVE AND SAVAGE LAND, TO SAVAGE
LAND; 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".
Mayor Luby called for anyone from the audience who would like to speak relative
to any of the ordinances. No one appeared.
City Secretary Read stated that all ordinances voted upon had passed, with
Mayor Luby voting "Nay" on the passage of Ordinance No. 12905.
Mayor Luby called for petitions or information from the audience on matters
not scheduled on the agenda, on any item with the exception of the LULAC proposal.
Mrs. Arthur Ellis, 10935 Leopard, complimented the City for its efforts in
maintaining Ocean Drive. She stated that it was a very beautiful street, but she
wished some attention could be given to the west side of the City and that some palm
trees and flowers could be planted on Leopard Street.
Mayor Luby responded that people visiting Corpus Christi always remark that
Ocean Drive is a very beautiful street, and that it is an important factor in bringing
tourists back to the City. He acknowledged that a lot of time and money has been
devoted to that area; and that although it was not possible to beautify all parts of
the City to that extent it is hoped that similar efforts can be extended to other
areas, and that Leopard Street would certainly be considered.
The Meeting was recessed at 3:00 p.m.
The Regular Meeting was reconvened at 3:40 p.m.
Chief Planner Larry Wenger presented application $1075-1, Zeke Serna, for
change of zoning from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business
Minutes - Regular Council Meeting
November 12, 1975
Page 8
District, on Lot 2, Block 1, Lena Pearse Addition, located on the southeast corner
of Ayers and Fannin Streets, and presented a zoning map and slides of the area. He
explained that the applicant plans to open a real estate office in the building, with
possible additional room for leasing property for other business uses. He stated that
the Planning Commission recommends that it be approved as a logical egtension of the
existing zoning along the street. The Staff recommends that it be denied and that it
remain "R-2" because that is a heavily populated area and vehicular traffic would be
increased, and because there would probably not be adequate parking for several
businesses, although that would depend on the type of businesses.
Commissioner Gulley inquired if the applicant planned to use the structure
that is there now.
Mr. Wenger replied that according to information he has received, the applicant
does.
Attorney Tony Bonilla represented the applicant. He stated that Mr. Serna is
in the real estate business and has his office elsewhere at this time, but purchased
this property for his real estate office and other real estate -related businesses.
He pointed out that the majority of that portion of Ayers Street is zoned for some
type of business; that the applicant has made some improvements to the property and
has no intention of selling it. He stated that no business which the applicant could
open could create more pedestrian or automobile traffic than the Dairy Queen across
the street; that the applicant's plans for parking are not on Fannin or Ayers Streets
but are on the premises only. Mr. Bonilla maintained that this type of development
in no way would reduce the value of others' property or their enjoyment of their
property.
Commissioner de Ases stated he thought the main concern of those in opposition
dealt with the broadness of "B -l" zoning; he questioned if Mr. Serna had no intention
to establish any other business than real estate or real estate -related businesses.
Mr. Bonilla replied that was correct; the applicant did not,
Mayor Luby announced the bid opening at 4:00 for the Calallen Sanitary Sewer
Trunk Lines including Sewer 35-A along Sharpsburg Road from Up River Road to Cynthia
Drive and Sewer 32-A from Up River Road to IH 37.
Director of Engineering and Physical Development James Lontos opened and read
bids from the following firms: Abacus Corporation, Cactus Utilities, Glaser Construction
Company, Heldenfels Brothers and Maverick Construction Company.
The foregoing bids were tabled for 48 hours pursuant to the requirements of
the City Charter and referred to the City Staff for tabulation and recommendation.
Minutes - Regular Council Meeting
November 12, 1975
Page 9
The Council then resumed the public hearing on Mr. Zeke Serna's request for
change of zoning.
In opposition to the foregoing request, Mr. Orby Roots, Chairman of the
Housing Authority Board, stated the Board felt the residential character of the
neighborhood should be preserved. He pointed out that there are 893 persons presently
living in the multi -family dwelling district in La Armada, including a large number
of children. He stated that more businesses across the street would create further
congestion of traffic and that it would be particularly hazardous for pedestrian
traffic crossing Ayers Street, especially young children. He maintained that he did
not understand why the applicant had requested "B-1" Neighborhood Business District
zoning when "AB" Professional Office District would suffice for a real estate office.
Commissioner Lozano asked Mr. Roots if he would oppose a real estate office
across the street.
Mr. Roots replied that if it were guaranteed to be no more than a real estate
office it would be relatively safe for the kids and he would have no major objection.
Mr. Edwin Gill, 254 Ellis Drive, presented a petition from neighboring residents
who were in opposition of the zoning request, He stated he would also object to a
special permit for a real estate office at that location.
Also appearing in opposition to the foregoing request were Mrs. Edwin Gill,
245 Ellis Drive; Ella Davis, 282 Ellis Drive; Opel Doring, 266 Ellis Drive and C, E.
Kaiser, 246 Ellis Drive.
Attorney Bonilla pointed out to the Council that some of the people who had
appeared in opposition did not own property within the 200' limit.
Motion by Tipton, seconded by Gulley and passed, that the hearing be closed.
Motion by Gill that the request be denied. Motion died for lack of a second.
Motion by Gulley, seconded by de Ases and passed, with Gill voting "Nay",
that Application #1075-1, Zeke Serna, for change of zoning from "R-2" Multiple Dwelling
District to "B-1" Neighborhood Business District on Lot 2, Block 1, Lena Pearse
Addition be denied; but in lieu thereof a special permit be issued limiting the
businesses to a real estate office and related offices, and a one-way entrance from
Ayers Street and an exit on Fannin Street, subject to an acceptable site plan.
Mr. Bonilla replied that the traffic pattern and parking could be arranged
in that manner, and the special permit was acceptable.
Minutes - Regular Council Meeting
November 12, 1975
Page 10
Chief Planner Larry Wenger presented Application #1075-2, First Savings
Association, for change of zoning from "R -1B" One -Family Dwelling District to "A-2"
Apartment House District on Lot 26, Block 11, Flyway Addition Unit #1, located on
the northeast corner of Everhart and Snowgoose Roads, and showed a zoning map and
slides of the area. He stated that the recommendation of the Planning Commission is
that it be denied but in lieu thereof "A-1" Apartment House District be approved,
which would reduce the density from 34 units per acre to 21 units per acre; and that
the Planning Staff concurs with the "A-1" zoning, as did the applicant. He added
that most of the property in the area is presently vacant, but the curbs and gutters
are being installed.
No one from the audience appeared in favor of or in opposition to the foregoing
request.
Motion by Lozano, seconded by Sample and passed, that the hearing be closed.
Motion by de Ases, seconded by Gulley and passed, that the recommendation of
the Planning Commission be concurred in and Application #1075-2, First Savings
Association, for change of zoning from "R -1B" One -Family Dwelling District to "A-2"
Apartment House District on Lot 26, Block 11, F1yWay Addition Unit #1, be approved,
and an ordinance be brought forward effectuating the change.
ORDINANCE NO. 12907
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 FIRST SAVINGS ASSOCIATION BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 26, BLOCK 11, FLYWAY UNIT 1,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY
DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
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".
City Secretary Read stated that according to his tally the foregoing ordinance
voted upon passed unanimously.
The Regular Council Meeting recessed at 4:40 p.m. to go to Exposition Hall for
the scheduled public hearing on the LULAC proposal for Artesian Park.
The Regular Council Meeting was resumed at 4:55 p.m. in the Ekposition Hall.
Mayor Luby announced the agenda to be followed for the public hearing on the
LULAC proposal, starting with the presentation of the proposal and those in favor of it.
_ ces - Regular Council Meeting
November 12, 1975
Page 11
Mr. Ruben Bonilla, Jr., President of the League of United Latin American
Citizens (LULAC), informed the Council that LULAC was founded in Corpus Christi;
that it is a nonprofit, nonpolitical organization which each year awards thousands
of dollars of scholarships to local area students without consideration of ethnic
background. He read excerpts from the LULAC report to the Bicentennial Commission
and stated that the proposed project would maintain and enhance the monument erected
by the Daughters of the American Revolution commemorating General Zachary Taylor's
encampment along Corpus Christi's beaches in 1845; would preserve and maintain the
zero mile marker for the City which is situated within the park complex; and would
preserve and more appropriately recognize the location of the first Artesian Well
drilled in the City of Corpus Christi. He informed the Council that the projected
cost of the entire proposal is approximately $50,000, to be financed entirely by
LULAC. He stated that this proposed Bicentennial project would modify the park's
name sothat in the future Artesian Park would be known and referred to as "LULAC
Plaza in Artesian Park", but would retain the name and historic quality of the park
and would integrate every historical aspect of the park. He emphasized that LULAC
is not destroying any historical data or structure that is presently there. He
maintained that although City crews have cleared the park and cleaned it up somewhat,
it is a haven for derelicts; that in walking through it that morning several empty
wine bottles were found; he added that the LULAC proposal would provide needed
renovation and refurbishment of and set a good example for the rest of the downtown
area. Mr. Bonilla detailed the Spanish historical context of the City of Corpus
Christi and Artesian Park, and emphasized the need for an area that would highlight
the history of the Spanish-speaking citizens; he stated that their culture is not
adequately represented in the present parks in the City nor are they fairly represented
on many of the City's Boards and Commissions. He emphasized that LULAC is not
proposing that Artesian Park no longer be used as a public park, which is specified
in the deed, but that it be for all citizens of Corpus Christi forever. (28 minutes)
Guadalupe Valdez, Bicentennial Committee Chairman, stated that the LULAC
proposal would help all ethnic groups in the immediate area; that LULAC was not here
to destroy or divide, but to unify; that it is the intent of LULAC to work for the
community for the sake of everyone concerned. (2 minutes)
Mr. Romeo Garcia, architect, presented slides of Artesian Park and the
surrounding area and slides outlining LULAC's proposed architectural changes to the
park, which include remodeling the existing vacant building in the park; construction
of a 40' pavillion-type building or bandstand to be used for political rallies,
dances and other recreational and leisure activities; construction of 3 large sculptured
motes - Regular Council Meeting
November 12, 1975
Page 12
tabloids inscribed with a history of Artesian Park and a history of contributions
of Spanish-speaking citizens to the area; and construction of a multi-level lighted
fountain. (8 minutes)
Mr. Armando Saenz, Chairman of the Park and Recreation Board, stressed that
LULAC is not asking for any money from the City, but is instead handing over $50,000
to share a park in a historical sense; that this would be a contribution toward the
celebration of the Bicentennial and would let the world know that LULAC was founded
in Corpus Christi. (5 minutes)
Mr. Hugo Berlanga, Vice -Chairman of the Park and Recreation Board, stated
that he had personally checked into plans to renovate the park in the near future,
and found that the only improvement planned was to repair the roof on the existing
building. He stressed that the City should continue to utilize monies to improve the
bayfront area of the City. (3 minutes)
Mr. Carlos Truan, Texas State Representative, stated he had participated in
LULAC for a number of years, and acknowledged some of the organization's achievements.
He stated that at the present time he does not feel that it is safe to walk downtown
with his family,but felt that the LULAC proposal would revitalize the downtown area.
(7 minutes).
Dr. Clotilde Garcia, of the G. I. Forum of Corpus Christi, presented a map
of Nueces County and detailed the Spanish contributions to the history of the area.
She stated she believed that LULAC should be given the right or privilege to improve
Artesian Park. (11 minutes)
Mr. Noe Arevalo, Chairman of the G. I. Forum of Corpus Christi, spoke relative
to the importance of the proposed improvements to the park, and that he is in favor of
the proposal. (2 minutes)
Dr. Amelia Medina, LULAC District Director, stated that the preservation of
history is more than monuments to war heroes and plaques to wells, and that she is
in favor of the proposal. (2 minutes)
(Total: 1 hour and 8 minutes for presentation and support of the proposal)
Next on the agenda were those in opposition to the proposal, as follows:
Miss Mary Lou Huffman, member and past Chairman of the Park and Recreation
Board, presented the position of the minority vote of the Board. She stated that they
had found Artesian Park to be peaceful, serene and in at least fair condition for the
area it serves; that the percentage of residential population in the downtown area
is minimal, and that the park is adequate for the needs of those living nearby. She
rites - Regular Council Meeting
November 12, 1975
Page 13
reviewed the historical significance of the park and stated that a change in the
name of the park would be confusing, particularly in the reading of historical
documents now on record, and would not be in the best interest of the community as
a whole. Miss Huffman stated that they felt that LULAC's funds could be more wisely
appropriated to another area within the City, such as Ben Garza Park, without altering
a historical name, landmark or acreage. Miss Huffman also pointed out what was felt
to be violations of required procedure for the naming of parks and facilities; also
that conflicts of interest contrary to Ordinance No. 6460 had occurred, and several
other discrepancies. She maintained that Artesian Park, consisting of 1.04 acres,
has more trees, flowers, benches, etc. proportionately than any other park in the
City; that the addition of other projects would overwhelm this small area. Miss Huffman
also mentioned that although the project would be completed at no cost to the City,
the taxpayers would be responsible for maintaining LULAC Plaza in Artesian Park from
that time forward. (8 minutes)
Dr. Richard Marcum, Chairman of the Landmark Commission, stated that the proposed
changes for Artesian Park are not commensurate with the ordinance creating the Landmark
Commission; that after considerable research the Landmark Commission considers Artesian
Park to be a historic landmark that should be preserved in name, historical significance
and public use; and that the Landmark Commission has requested that H -C (Historical
Landmark) zoning for Artesian Park be granted. He noted that the facts concerning
Artesian Park are very well documented in the National Archives in Washington, D. C.
and in numerous books and articles. He reported that school groups often tour Artesian
Park; that the Historical Society always includes Artesian Park in its tours; and that
the local Boy Scouts had recently published a brochure which included Artesian Park.
He maintained that the alterations suggested would not merely renovate the park but
would create a new park, changing completely the historical image and reputation of
the present Artesian Park. He requested that the Council consider whether granting
this request to a private group would set a precedent; he reported that quite a few
citizens have expressed concern over the use of taxpayers' money to support such a
project for the benefit of a private -interest group; and he questioned how much of
the present open space in the park would be replaced by concrete after the changes had
been made. Dr. Marcum acknowledged that Artesian Park is not used as much as it once
was, but attributed that mainly to the changes that have taken place in the downtown
area. He maintained that if the LULAC organization was sincerely interested in revital-
izing downtown it would be better if the organization purchased some of the vacant
Minutes - Regular Council Meeting
November 12, 1975
Page 14
buildings there. Dr. Marcum offered the alternative that he would support, just
as strongly as he now opposes this project, a proposal to elect a memorial to the
totality of the Spanish -Mexican heritage if such a project were from the citizens
of Corpus Christi and from the total community rather than one segment of that heritage;
and if it were property acquired for that purpose rather than public property; and if
it did not change or alter a historic landmark. He suggested that this type of
project would be in keeping with the Bicentennial spirit, would promote unity and
understanding and would not cause the misunderstanding that the present LULAC proposal
t . ,
apparently had created. (46 minutes)
Miss Margaret Ramage, Chairman of the Nueces County Historical Commission,
stated that on October 14 the Commission took the stand opposing a change in the name
or image of Artesian Park. (1 minute)
Miss Ramage presented Mrs. Rosa Garza of the Landmark Commission, who voiced
her opinion that if there is any change made in Artesian Park it would lose its
identity and historical value. (1 minute)
Mr. John Govatos, President of the Nueces County Historical Society, remarked
that LULAC is a very fine organization that has contributed greatly to this area, but
that it is a private organization; and that the Nueces County Historical Society
would disagree with any private organization, whether ethnic, religious, social or
political, immoralizing itself, which would overshadow the historical significance
of the park. Mr. Govatos reminded the Council that if the name were changed to LULAC
Plaza in Artesian Park, people would probably shorten it to simply "LULAC Plaza" and
it might eventually commonly be referred to by that name, losing contact with Artesian
Park. (3 minutes)
Mrs. Robert Haegelin of the Heritage Society commended LULAC for the proposed
project, but stated she was opposed to its being located in Artesian Park. (2 minutes)
(Total: 1 hour and 1 minute for opposition to the proposal)
Mayor Luby invited members from the audience to state whether they were for
or against the LULAC proposal, and informed them that there would be a two -minute
time limit per person due to the lateness of the hour and the fact that both sides
of the issue had been pretty thoroughly covered by this time.
Mr. D. R. Ocoha, President of the Americans of Texas, Inc., spoke in
opposition to the proposal; he stated it would be an injustice to all Texans for
this City Council to grant the peoples' land and labor to a political Latin organiza-
tion. (9 minutes)
Minutes - Regular Council Meeting
November 12, 1975
Page 15
Mr. Bobby Smith stated he was not for a change in Artesian Park, but he was
for LULAC Plaza in Artesian Park; he expressed the desire that the citizens of Corpus
Christi learn to live and work together in harmony. (3 minutes)
Mr. Paul Vogler spoke both against and in favor of the proposal. (2 minutes)
Mrs. Cruz Colomo, President of the Ladies LULAC Council, spoke in favor of
the proposal. (3 minutes)
Mrs. Dick Swantner opposed the request and stated that if it is granted it
would be the beginning of the end of the public park system in Corpus Christi because
developers would be able to give their land to whichever special interest or political
group they wished. She maintained that although LULAC has said it is not asking for
anything from the City it is in actuality asking for 1.4 acres of land to glorify its
project. (2 minutes)
Mr. Benny Benavides appeared in favor of the proposal. (2 minutes)
Mr. George Westerfelt, Jr., 4105 Meridian, opposed the proposal and stated
that LULAC is not handing over $50,000 but rather is spending $50,000 according to
its plans already made. (2 minutes)
Mr. Johnny Garcia spoke for the proposal and urged the Council Members to be
positive in considering it. (1 minute)
Ms. Karen Cheatham, a teacher at North Miller High School, spoke in support '
of the LULAC proposal. She stated that as a teacher it would please her if she could
take the children in her classes to parks where they could appreciate more the
contributions that have been made to their heritage. (1 minute)
Mr. Jose Guitterez appeared in favor of the proposal. (1 minute)
Mr. Amelio Mondragon appeared against the proposal. (2 minutes)
Mr. Carlisle Leonard, a member of the Landmark Commission, spoke in opposition
to the request. (1 minute)
Dr, Richard Marcum gave a five-minute rebuttal in opposition to the request.
Mr. Ruben Bonilla gave a five-minute rebuttal in support of the proposal.
Motion was duly made, seconded and passed to close the hearing.
Upon Motion duly made, seconded and passed, the Regular Council Meeting of
November 12, 1975 was adjourned at 8:10 p.m.