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HomeMy WebLinkAboutMinutes City Council - 04/06/1966MINUTES CITY OF CORPUS CHRISTI, TEAS REGULAR COUNCIL MEETING April 6, 1966 2000 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr, Ken McDaniel Ronnie Sizemore Win. H. Wallace City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring 7j Mayor McIver Furman called the meeting to orders The invocation was given by Mayor Pro Tem Jack R. Blackmon in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by McDaniel, seconded by Sizemore and passed that the minutes of the regular meeting of March 30, 1966, at 2:00 p.m., be approved as furnished to the Council. Mayor Furman read and presented proclamations relative to the following: ALTRUSA CLUB WEEK in Corpus Christi, the week of April 10 through April 16, 1966, accepted by Miss Doris Porter, Chairman of Community Services; and CANCER CONTROL MONTH in Corpus Christi, the month of April, 1966, and April lath as Cancer Crusade Day. Mayor Furman commended the Fedway Store in beautifying their parking lot between Chaparral Street and Shoreline Boulevard, and stated that personal pride and participation in our community helped to make our City a more beautiful place in which to live, Mayor Furman called for the City Manager's Reports. Motion by Dunne, seconded by Blackmon and passed that the City Manager's Reports, Items "a" through "i" be accepted; that Items "k", "1" and "m" be con- sidered separately; and that the recommendations and requests be approved and granted as follows: a. That reimbursement for one-half of the cost of street improvements around the dedicated park in Monterrey Gardens, Unit IV, be approved; and that appropriation in the amount of $2,306.10 be authorized; b. That an ordinance be approved authorizing the City Manager to make application to the Federal Aviation Agency for a grant of Federal funds, and to Minutes Regular Council Meeting April 6, 1966 Page 2 sign the necessary documents in connection with the proposed ramp extensions at the International Airport; c. That the hearing which was held on Louisiana Boulevard Street Im- provements, (South Lane) from Denver to Santa Fe, on March 30, 1966, be closed; that an ordinance be passed levying assessments against the abutting property owners; and that the Assessment Roll be as presented to the Council; d, That the authority to receive bids on April 20, 1966, on Weld Fittings be granted; e. That the authority to receive bide on April 20, 1966, on Uniform Rental Service be granted; f. That the bid award on Mowing Equipment be made to the following firms on the basis of low bid meeting specifications: (Bid Tabulation #66-15) WATSON DISTRIBUTING CO.. INC. - Houston Item 1 - 2 Self-propelled Rotary Mowers (60") $932.00 $1,864.00 GOLDTHWAITE'S OF TEXAS, INC. - Ban Antonio Item 2 -1 8' Fertilizer Spreader 391,00 Less Trade-in 40.00 351.00 GRAND TOTAL $2,215.00 g. That the date of May 4, 1966, during the regular Council meeting, be set for public hearing on two zoning cases; h. That the date of May 4, 1966, during the regular Council meeting, be set for public hearing on the petition of the King High School Student Council requesting that Sheridan Drive, adjacent to Richard King High School, between Gollihar Road and South Staples Street, be renamed to "Mustang Trail"; i. That the proposed agreement with the Texas Highway Department, on State Highway 286 and State Highway 358, for excavation of drainage easements owned by the City, be approved; j. That consideration of an application of Cities Service Oil Company for a permit to drill Well #5, State Tract 9, Corpus Christi Bay, be considered separately; k. That consideration of an application of Cities Service Oil Company for a permit to drill Well #1, State Tract 26, Corpus Christi Bay, be considered separately; Minutes Regular Council Meeting April 6, 1966 Page 3 1. That consideration of an application of Cities Service Oil Company for a permit to drill Well #1, State Tract 599 Corpus Christi Bay, be considered separately, City Manager Whitney presented the applications of Cities Service Oil Company for permits to drill Well #5 in State Tract 9; Well #1 in State Tract 26; and Well 7i1 in State Tract 59; pointed out on a map the proposed locations; and explained that Well #1, State Tract 59, would have a surface location in State Tract 58 and that the bottom of the hole would be in State Tract 59. Mrs Whitney stated that the three applications had been submitted to the Bay Drilling Com- mittee for their recommendation; and that the Committee recommended the applica- tions be approved subject to agreement to pool some of these State Tracts, Mr. Whitney further stated that the applications conformed to the provisions of the present ordinance, and that he recommended the applications be approved. Mr, Ed H. Harte, Chairman of the Bay Drilling Committee, was present in support of the applications, and no one appeared in opposition. Motion by Sizemore, seconded by Wallace and passed that Cities Service Oil Company be granted permits to Drill Well 15, State Tract 9; Well #k1, State Tract 26; and Well #1, State Tract 59, in Corpus Christi Bay, as applied for. ORDINANCE NO, 7966 THIRD READING OF AN ORDINANCE REQUIRING THE OBTAINING OF A PERMIT FOR THE DRIVING OF pTI,PAg POSTS AND SUPPORTS AND FOR THE BUILDING OF ANY PIER INTO THE WATERS OF CORPUS CHRISTI BAY WTTBIN THE CITY LIMITS; REQUIRING MAINTENANCE OF SUCH PIERS; DECLARING THE EXISTENCE OF ANY PIER, PILING, POST OR POLE IN THE WATERS, UNLESS AUTHORIZED BY PERMIT AND MAINTAINED IN A USEABLE, SAFE CONDITION, TO BE A NUISANCE AND A HAZARD TO NAVIGATION AND REQUIRING REMOVAL OF SUCH NUISANCES UPON NOTICE FROM THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote; Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye. FIRST READING OF AN ORDINANCE AMENDING SECTION 24-55 OF THE CORPUS CHRISTI CITY CODE, 19589 AS AMENDED, SAID SECTION BEING ALSO ORDINANCE NO. 72019 PASSED AND APPROVED ON APRIL 22, 1964, AS AMENDMENT TO SAID SECTION 24-55 AND AS AMENDMENT TO SECTION 7 OF SAID CORPUS CHRISTI OIL AND GAS ORDINANCE, SO AS TO PROVIDE FOR SAID ORDINANCE 7201. AS SECTION 24-55 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, TO APPLY AL30 TO 080 BAY AS WELL AS CORPUS CHRISTI BAY AND NUECES BAY; Minutes Regular Council Meeting April 6, 1966 Page 4 AND FURTHER AMENDING SO AS TO REQUIRE A COPY OF THE DRILLING PERMIT FROM THE RAIL- ROAD COMMISSION OF TEXAS AND THE PERMIT FROM THE CORPS OF ENGINEERS, UNITED STATES ARMY, BE FURNISHED THE CITY WITH THE APPLICATION FOR PERMIT FROM THE CITY; AND FURTHER AMENDING PARAGRAPH (10) OF SUBSECTION (8) SO AS TO PERMIT A SPECIAL PERMIT TO BE ISSUED BY THE CITY COUNCIL UNDER CERTAIN CONDITIONS; PROVIDING FOR PENALTIES; PROVIDING THAT THE INVALIDITY OF ANY PARTICULAR PROVISION OF THIS ORDINANCE SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the first time and passed to its seccod reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7967 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $2,306.10, REPRESENTING THE COST OF THE CITY'S PORTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARR IN THE MONTERREY GARDENS, UNIT IV SUBDIVISION; AUTHORIZING REIMBURSEMENT TO THE DEVELOPER, JULE H. PELS, D.B.A., JEWEL HOMES, INC., FOR SAID IMPROVEMENTS AND IN ACCORDANCE WITH THE PLATTING ORDINANCE, APPLICABLE TO PROJECT NO. 220-61-81.6; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7968 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO MAKE APPLICATION TO THE FEDERAL AVIATION AGENCY FOR A GRANT OF FEDERAL FUNDS, PURSUANT TO THE FEDERAL AIRPORT ACT AND THE REGULATIONS ISSUED THEREUNDER, FOR THE PURPOSE OF AIDING IN FINANCING A PROJECT, DESIGNATED 9-41-156-06 FOR DEVELOPMENT OF THE CORPUS CHRISTI, TEXAS, INTERNATIONAL AIRPORT AND TO SIGN THE NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7969 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNS.;.; OF PROPERTY ABUTTING UPON LOUISIANA BOULEVARD, SOUTH LANE, FROM DENVER TO SANTA FE, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDING OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HRRFIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE -IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF LOUISIANA BOULEVARD, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREET, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREET AND THE REAL AND TRUE OWNER THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND THE TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 6, 1966 Page 5 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7970 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT FOR EXCAVATION OF DRAINAGE EASEMENTS OWNED BY THE CITY OF CORPUS CHRISTI, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE TEXAS HIGHWAY DEPARTMENT ON STATE HIGRWAY 286 AND STATE HIGHWAY 358 IN THE CITY OF CORPUS CHRISTI, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace,present and voting "Aye." ORDINANCE NO. 7971 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF H. G. MARSTON, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 9, 10 AND 11, BLOCK 2, AVALON PLACE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE FULLY HEREINAFTER SET OUT FROM "5-1" NEIGHBOR- HOOD BUSINESS 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: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." ORDINANCE NO. 7972 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 BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF DR. WILFRED D. WHITESIDE, BY GRANTING A SPECIAL PERMIT ON LOTS 62, 63 AND 64, BLOCK 808, PORT ARANSAS CLIFFS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A DENTAL OFFICE SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT; 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: Furman, Blackmon, McDaniel, and Sizemore, present and voting "Aye"; Jimenez and Wallace, present and voting "Nay"; and Dunne abstained. Following a discussion relative to the twenty percent rule being invoked on the foregoing ordinance, City Attorney Singer advised that no written petitions had been received in opposition; that the twenty percent rule did not apply; and that the foregoing ordinance passed with four affirmative votes. Minutes Regular Council Meeting April 6, 1966 Page 6 Mayor Furman declared that Ordinance No. 7972 had passed. ORDINANCE NO. 7973 AUTRORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A JOINT USE AGREEMENT WITH T. D. BOWEN FOR PERMISSION OF OWNER OF LOT 3, JERRY PLACE ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, TO USE A PORTION OF THE FIVE-FOOT UTILITY EASEMENT LOCATED ON SAID LOT, SUBJECT TO THE CONDITIONS OF SAID JOINT USE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND TO WHICH REFERENCE IS MADE FOR THE CONDITIONS AND TERMS THEREOF; AND DECLARING AN EMERGENCY. City Manager Whitney presented a plat and pointed out the location of the five-foot utility easement located on the property; that the property was being used for a coin-operated car wash; and stated that the zoning ordinance required side -yard clearance when the property was used for this purpose and was located next to property that was zoned "R-1." Charles Cartwright, attorney representing T. D. Bowen, explained that a Special Permit had been granted for the operation of a car wash; that his client did not know there was a five-foot easement on the other side of the property and that he would be encroaching; that it would be a violation of the zoning ordinance to move on the other side of the lot; that the area was built-up; and that his client would agree to bear all of the cost involved and would authorize the City to remove any improvements if necessary. In answer to a question from Commissioner Dunne, Mr. Cartwright stated that no opposition had been received from anyone. City Manager Whitney advised that there were no utilities in the five- foot easement. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye." Robert T. Rylee, attorney representing Rollins Outdoor Advertising, Inc., appeared before the Council and stated that information was brought before the Council last week and charges were made relating to billborada owned by Rollins and damaged by Hurricane Carla in 1961; and that he had further information he wanted to bring before the Council in the form of a letter. Minutes Regular Council Meeting April 6, 1966 Page 7 Mr. Rylee further stated that Rolling came to the City just nineteen days before Hurricane Carla; that the employees had not arrived; that 159 signs were destroyed by the hurricane and there was a rush to get the plant back into operation; and that Rollins had received tremendous assistance from the City in restoring many of the signs. Mr. Rylee further stated that the outdoor advertising media was at a very critical point in the City and that the Council was being called upon to decide if the advertising media could continue to exist in the City of Corpus Christi or should it be closed down and liquidated. Mr. Rylee read a letter to the Council pertaining to the problems con- fronting the billboard industry in the City, and submitting recommendations for changes to the Zoning Ordinance relating to billboards; and stated that Rollins would welcome the opportunity to meet again with the Council, the Zoning and Plan- ning Commission, or any subcommittee to review this problem and try to reach some reasonable solution to it. Mr. Rylee pointed out the seriousness of the situation and stated that if the outdoor advertising media was outlawed in the 1B-4" district there were only two possibilities for Rollins to pursue; either to fight it or liquidate the plant and move out of town; and that Rollins has a far greater stake in the aesthetics of billboards than moat private citizens would have. Mayor Furman asked Mr. Rylee to submit a copy of this letter to the Chairman of the Zoning and Planning Commission. Mrs. James C. Scott, representing OPUS, stated that the billboards •were in violation of the law; that it was not a question of aesthetics but a matter of land use; that the billboards created a density problem and traffic hazard; and urged the Council to exercise due consideration regarding enforcement of the law. There being no further business to come before the Council, the meeting was adjourned.