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HomeMy WebLinkAboutMinutes City Council - 11/23/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 23, 1966 2:00 p.m. PRESENT: Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne City Manager Herbert W. Whitney Dr. P. Jimenez City Attorney I. M. Singer Ken McDaniel City Secretary T. Ray Kring Ronnie Sizemore Wm. H. Wallace Mayor Pro Tem Jack R. Blackmon called the meeting to order. The Invocation was given by Dr. W. H. Colson, Superintendent of Baptist Missions. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Dunne, seconded by McDaniel and passed that the absence of Mayor Furman be excused for cause. The Minutes of the Regular Council Meeting of November 16, 1966, were approved as furnished to the Council. Mayor Pro Tem Blackmon recognized the Student Council from Baker Junior High School, and their sponsor, Mrs. Betty Petty; and read and presented Certi- ficates of Attendance to Richard Noster, Jill Tompkins, Rocky Gabbart, Peggy O'Neal and Perry Ulatoski. Mayor Pro Tem Blackmon recognized representatives from the Association of Congregations, composed of ministers and lay religious leaders, who appeared and expressed concern about the continued and probably expanding Sunday store sales. Those appearing and speaking were LeRoy Lain, and DeWitt Morgan, lay members of the Association; Dr. W. H. Colson, Superintendent of Baptist Missions and Dr. Oliver Harrison, Pastor of First Christian Church. Also present in support of Sunday closings were Reverend John R. MacKinnon, pastor of First Presbyterian Church, and Dr. A. C. Bell, pastor of First Methodist Church. The appearance of the delegation was brought about by a request several weeks ago when a group of merchants requested that the Council pass an ordinance making it an offense to falsely sign a Certificate of Emergency in order to make purchases on Sunday of items prohibited by State law except in the event of emergency, and which ordi- nance, the Council had informally voted not to pass. They stated that a dangerous trend is being established and that the religious organizations of the City are prepared to support the Council in an attempt to solve the problem; that a similar Minutes Regular Council Meeting November 23, 1966 Page 2 ordinance is in effect in the City of Amarillo and is working, and that the City of Austin has just recently passed such an ordinance; that unless the trend is checked, large scale Sunday openings will result, which will mean that some 7,000 persons will be required to work on Sunday. They further stated that something must be done to preserve Sunday as a Holy day, but that the problem is not just one of business and religion, but one involving the government and the. home. Mayor Pro Tem Blackmon stated that he personally favored Sunday closings, but that he felt the enforcement of a Sunday closing ordinance was in the realm of impossibility; that a policeman would be required .for every purchaser; that it would tend to make criminals out of our citizens; and that it was the opinion of the Council that a legislative body could go no farther than put the burden upon the citizens to avoid Sunday shopping except in cases of true emergencies. Mr. Blackmon advised the group that the matter was still under consideration but that a conclusion had not been reached. Mayor Pro Tem Blackmon announced the pending item of Zoning Application #966-5, J. M. Wilson, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on Lots 13 through 18 inclusive, Block 6, Park Terrace, Unit No. 3, on which a hearing was held October 26, 1966, and tabled for further consideration a-sJI.o r until all members of the Council were present. Motion by Dunne, seconded by Jimenez and passed with. Sizemore voting "Nay", that action on the foregoing zoning appl'cawion be deferred until next week when all members of the Council are expected to be present. Mayor Pro Tem Blackmon announced the pending item of Zoning Application #1066-1, John H. Thomason, for change of zoning from "R --1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 9 and 10, a portion of Lot 15, Block 10, Bayview Addition No. 3, on which a public hearing was held Nov- ember 16, 1966. Motion by Wallace, seconded by Sizemore and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #1066-1, John H. Thomason, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 9 and 10, a portion of Lot 15, Block Minutes Regular Council Meeting November 23, 1966 Page 3 10, Bayview Addition No. 3, be approved sub arc: £deq;ate screening to protect abutting residences, and meeting the City's specifications, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Blackmon a ro..irted tte pf a rg item - the Appeal of Mrs. M. W. Clark, et al from the derision. of the Zoning and Planning Commission granting an application for a 9re ia1 U:se Permit the. op rat...r of a lob i;.er park. cn Lots 1 through, 6, Block 23, and Lots 3 through 6, Block 39, N ecestown Subdivision, on which a public hearing was held November 16, 196 . Motion by Sizemore, seconded by McDaniel and passed with Commissioner Wallace voting "Nay", that the appeal of Mrs. M. W. Clark, et al he denied, and that the decision of the Zoning and Planning Commission be upheld granting the request of Mr. and Mrs. Jerry Sheets for. a Spec..ia1 Use Permit for the operation of a trailer park on Lots 1 through 6, Block 23, and Lots 3 through 6, Block 39, Nuecestown Subdivision, and that an. ordinance be brought forward effectuating the change. Mayor Pro Tem Blackmon called for the City Manager's Reports. Motion by Jimenez, seconded by Wallace and passed that the City Manager's Reports be accepted and that the recommendations and requests be approved and granted as follows: a. That the opening of bids on the Museum Building and Mechanical Plant, previously scheduled to be opened this date, be deferred for one week a all bidders having been properly notified of this change; b. That the Plans and Specifications for the proposed street improvements on Doddridge, between Staples and Topeka Streets, be. approved, and that authority to advertise for bids to be received December 14, 1966, be granted: c. That the authority to initiate eminent domain proceedings for the acquisition of a portion of Lot 8, Section 53, Flour Bluff and F&.cinal Farm and Garden Tracts from owner, Ernest Starry, for the Laguna Madre Sewerage Treatment Plant Site, be approved; d. That the authority to initiate eminent domain proceedings for the acquisition of a portion of Lot 32, u, B. Sheppard Farm Lots from owners, H.C. David and wife Elizabeth Thomas Davis, for a Sanitary Sewer Life Station Site, be approved; Minutes Regular Council Meeting November 23, 1966 Page 4 e. That the authority to execute a real estate sales contract for the acquisition of a portion of Lot 15, Section D, Paisley Subdivision of the Hoffman Tract, from owner, the Bayside Corporation, for right of way on McArdle from Crosstown Expressway to Greenwood, be authorized; f. That an appropriation in the amount of $27,500, of which amount $9,890 supplementing balances of $17,610 previously appropriated, for reimburse- ment to the General Fund, representing actual costs ageunst the projects for the period of August 1, 1966, through October 31, 1966, be authorized; g. That the authority to advertise for bids for the construction of a chain link fence at Holly Road Reservoir, to be received December 7, 1966, be granted; h. That the authority to advertise for bids on a 3 -wheel Servi-car for the Police Department, to be received December. 7, 1966, be granted; i. That the authority to advertise for bids on an estimated annual supply of various quantities and sizes of Fire Hose for the Fire Department, to be received December 14, 1964 be granted; j. That the recommendation of the Park Board that the construction of a swimming pool and recreation building be located in Oso Park as originally proposed, be accepted; k. That the date of November 30, 1966, be set for public hearing on the application of Atlantic Richfield Company to construct and operate a production platform in State Tract 470, Corpus Christi Bay. Mr. R. E. Marsh, representing the Corpus Christi Aquatic Council, appeared and filed with the City Secretary a petition endorsing a plan to place all future municipal swimming pools adjacent to an existing or planned school, so that the facilities could be used for school physical education activities making it available for longer use during the year, and suggested that the pool now proposed to be located in Oso Park, be built adjacent to Woodlawn Elementary School and the proposed Paul Haas Junior High School. (Petition #66-23) Mrs. Bryan Scott and Mr. W. L. Maxwell also appeared in support of the foregoing petition. Mayor Pro Tem Blackmon stated that the Council is in accord with the concept of pools being located near schools, but in the case of the Oso Site for the pool now Minutes Regular Council Meeting November 23, 1966 Page 5 under consideration, it is agreed that the Oso Park site is good and that it is necessary that the Council proceed with the plans immediately in order that the pool can be opened for use by May of next year. Mr. William B. Mobley, attorney, appeared on behalf of Oso Park residents and stated that he wished to go on record as favoring the retention of the Oso Park site as recommended by the Park Board, and further stated that the population around Oso Park represents an average of four children per family, and that these people have been anxiously awaiting this facility since the Bond Election in 1964. ORDINANCE NO. 8247 APPROPRIATING THE SUM OF $9,890, OF WHICH AMOUNT $5,050 I5 FROM NO. 220 STREET BOND FUND, $2,544 IS FROM NO. 250 SANITARY SEWER BOND FUND, $1,530 IS FROM NO. 295 STORM SEWER BOND FUND AND $766 IS FROM N0. 207 PUBLIC BUILDING BOND FUND, THE FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN THE AMOUNT OF $17,610 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR ENGINEERING COSTS AND CONTINGENCIES, APPLICABLE TO VARIOUS BOND FUND PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT TO THE GENERAL FUND, NO. 102 CURRENT FUND, IN THE AMOUNT OF $27,500 FROM FUNDS HEREBY APPROPRIATED AND PREVIOUSLY APPROPRIATED AND NOT HERETOFORE REIMBURSED DURING THE CURRENT FISCAL YEAR, FOR THE PERIOD OF AUGUST 1, 1966, THROUGH OCTOBER 31, 1966; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Furman absent. ORDINANCE NO. 8248 CHANGING THE NAMES OF THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Furman absent. ORDINANCE NO. 8249 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN TRACT OR PARCEL OF LAND; AND IN ADDITION THERETO A TEMPORARY CONSTRUCTION EASEMENT ADJACENT TO SAID TRACT FOR USE DURING THE PERIOD OF CONSTRUCTION; DESCRIBING THE SAME; DESIGNATING THE TITLE HOLDERS OF PARCEL N0. 1 AS BEING H. C. DAVIS AND WIFE, ELIZABETH THOMAS DAVIS; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE A SITE FOR A SANITARY SEWER LIFT STATION, DESIGNATED AS HUDSON ACRES-McNORTON AREA SEWER EXTENSIONS, PROJECT 250-64-49; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Furman absent. Minutes Regular Council Meeting November 23, 1966 Page 6 Motion by Jimenez, seconded by Wallace and passed that the ordinance appearing on the agenda as Item "d" relative to construction of sidewalks around various schools, be amended to include the construction of sidewalks on Rossiter from Santa Fe to Alameda. ORDINANCE NO. 8250 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COST PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE CONSTRUCTION OF SIDEWALKS ON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT: 1. BALBOA STREET FROM HIDALGO TO PINE; 2. MARY STREET FROM 20TH TO SOUTH PORT; 3. NORTON AND CASA GRANDE STREETS AT CASA LINDA PARK; 4. PRESCOTT STREET FROM CROSSTOWN EXPRESSWAY TO CUNNINGHAM SCHOOL; 5. BURTON LANE FROM WILLIAMS DRIVE TO CAIN; 6. ANTELOPE AND CARANCAHUA STREETS AT POST OFFICE; 7. McARDLE ROAD FROM NILE DRIVE TO ZARSKY; 8. HORNE ROAD FROM PRESCOTT TO CROSSTOWN EXPRESSWAY; 9. HUDSON STREET FROM SHAW TO CHULA VISTA SCHOOL; 10. WILLIAMS DRIVE FROM STAPLES TO EVERHART; 11. CARROLL LANE FROM McARDLE ROAD 700' SOUTH TOWARD PADRE ISLAND DRIVE; 12. CAIN DRIVE FROM BURTON LANE TO SOUTH STAPLES STREET; 13. SANTA FE STREET FROM MINNESOTA TO ROSSITER; 14. ROSSITER STREET FROM SANTA FE TO ALAMEDA; DETERMINING AND FIXING THE PORTION OF SAID COST AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY THE ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PORTION OF SAID COST APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 3 O'CLOCK P.M., ON THE 14TH DAY OF DECEMBER, 1966, IN THE COUNCIL CHAMBER OF THE CITY HALL OF CORPUS CHRISTI, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN ANY OF THE PROCEEDINGS CONCERNING SAID ASSESSMENTS AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Furman absent. ORDINANCE NO. 8251 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $426.30, OF WHICH $363 IS FOR THE PURCHASE OF THE LAND AND $63.30 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT NO. 220-53-84, McARDLE ROAD - CROSSTOWN EXPRESSWAY TO GREENWOOD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Furman absent. ORDINANCE NO. 8252 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN TRACTS OR PARCELS OF LAND; DESCRIBING THE SAME; DESIGNATING THE TITLE Minutes Regular Council Meeting November 23, 1966 Page 7 HOLDER OF PARCEL NO. 9 AS ERNEST STARRY; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE FEE SIMPLE TITLE FOR LAGUNA MADRE SEWAGE TREATMENT PLANT AND TRUNK MAINS, DESIGNATED AS PROJECT NO. 250-64-48.1; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEED- INGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Furman absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN OIL, GAS AND MINERAL LEASE ON LOTS 9 AND 10, SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, TO LEONARD R. SAYERS, FOR A 5 -YEAR TERM, ALL AS MORE FULLY SET FORTH IN THE LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, IN ACCORDANCE WITH THE BID OF SAID LEONARD R. SAYERS, FOR THE CASH CONSIDERATION OF $515, IN ADDITION TO ALL OTHER CONSIDERATIONS SET OUT IN THE AFORESAID LEASE, PLUS THE PUBLICATION COSTS AS PROVIDED BY CHARTER. The foregoing ordinance was read for the second time and passed to its third reading by the following vote; Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Furman absent. Mayor Pro Tem Blackmon announced the Council would be in recess for a brief period in order for the Zoning and Planning Staff to prepare the Council Chamber for the scheduled public hearings. Mayor Pro Tem Blackmon reconvened the meeting and announced the public hearing on Application No. 1166, Mr. L. C. Jackson for change of zoning from "R -IB" Ore - family Dwelling District to "I-3" Heavy Industrial District on Lot 13, Block 7, Clarkwood Tracts Subdivision, and explained the procedure to be followed. Larry Wenger, Senior City Planner, located the property on the map and pointed out the zoning and land use of the area; stated that the request was heard by the Zoning and Planning Commission November 8, 1966; that Mr.Will.iam Shireman, attorney, had represented the applicant; that an adjacent property owner had appeared in favor of the request and that no one had appeared in opposition; that the Staff had mailed four letters, two received in favor and none in opposition; that the Staff had recommended approval as being a logical extension of the existing "1-3" Heavy Industrial District; and that the Zoning and Planning Commission had recommended that it be approved as requested. Mr. William Shireman, attorney representing the applicant, appeared and pointed out that Clarkwood Road on which the request area fronts, is already bordered by a mixture of heavy industrial uses; that because of a large oil well "blow out" and various Minutes Regular Council Meeting November 23, 1966 Page 8 other conditions resulting from oil well activities, the area is not suitable for residential development; that in his opinion, heavy industry is the highest and best use of this land; and that Mr. Jackson did not learn until he applied for a building permit to erect an oil field equipment warehouse that the property was not already zoned for heavy industrial use. Mr. Shireman also presented photographs of the surrounding area. No one else appeared in favor or in opposition to the foregoing application. Motion by Sizemore, seconded by McDaniel and passed that the hearing be closed. Motion by Wallace, seconded by Dunne and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #1166-1, Mr. L. C. Jackson for change of zoning from "R -1B" One -family Dwelling District to "I-3" Heavy Industrial District on Lot 13, Block 7, Clarkwood Tracts Subdivision, be approved as requested, and that an ordinance be brought forward effectuating this change. Mayor Pro Tem Blackmon announced the public hearing on an Appeal of W. Kenneth Whitlock and wife, Clydie Whitlock from the decision of the Zoning and Planning Com- mission regarding a replat of Lot 28A, Ebony Acres. City Manager Whitney, presented the appeal, stating that the appeal had been filed by Mr. and Mrs. Whitlock following a decision of the Zoning and Planning Com- mission of the City requiring a 35 foot building line and a 10 foot utility easement on a replat of the subject Lot 28A, Ebony Acres, and that the appeal was based or these two requirements. Larry Wenger located the property on the map, and gave a brief history leading to the appeal. Mr. Bill Anderson, attorney, appeared representing the appellants, and stated that his clients, like many others, did not know that the City has an ordinance affecting one -lot subdivisions; that in 1950, one-half of the lot was severed and that the Highway #9 Bowling Alley was constructed on it; that Mr. Whitlock's house is located 39 feet within the property line; that his house has been at this location for 30 years and is classified as estate property; is surrounded by salt cedar trees and in an area of relatively small homes built prior to being annexed to the City; that his client wishes to remodel and enlarge his home and make use of a concrete slab existing from a shed Minutes Regular Council Meeting November 23, 1966 Page 9 which has been torn down to build a garage, and is asking the City to remove the building line established by the plat. He further stated that neighbors in the area are not opposed to the request. Motion by Sizemore, seconded by Dunne and passed that the appeal of W. Kenneth Whitlock and wife, Clydie Whitlock from the decision of the Zoning and Planning Commission regarding a replat of Lot 28A, Ebony Acres be tabled for further consideration at work- shop next week. City Manager Whitney presented a petition containing over 400 signatures of qualified voters and taxpayers in the City, urging that action be taken to provide adequate sewage facilities for the entire Flour Bluff area at the earliest possible time, and requested that this project be included in the next bond election in the event such service would require a bond issue to finance. Mayor Pro Tem Blackmon stated the petition would be given proper consideration. (Petition #66-24). Mr. Bob Spann, attorney representing the City of Ingleside, appeared and read a resolution asking the City Council to waive its territorial jurisdiction over land in San Patricio County recently annexed by Ingleside. Mr. Spann cited that under state law covering annexations,Corpua Christi has territorial jurisdiction over areas five miles from its boundaries, and that some of this overlaps territory also within Ingleside's jurisdiction, and that state law provides that such conflicts may be resolved through waiver. Mayor Pro Tem Blackmon stated the foregoing request would be referred to City Manager Whitney and City Attorney Singer for study and recommendation. (Council Exhibit 66-10) Mr. Wes Pokluda, 1026 Burkshire appeared and on behalf of residents of the 1000 block of Burkshire, made a request that this block be made a one-way street from six to ten p.m., December 20 through January 2, so that residents of the block may again this year stage a "candy -cane" lane decoration for the Christmas Holidays. He further stated that the project encountered some difficulty last year with traffic and vandalism. Mayor Pro Tem Blackmon advised Mr. Pokluda that the request would be referred to City Manager Whitney for study and recommendation, and also, that the matter would require Council action to pass an ordinance to this effect. Mayor Pro Tem Blackmon stated that the Park and Recreation Board had been directed to see that City Parks be appropriately and adequately identified and to Minutes Regular Council Meeting November 23, 1966 Page 10 give particular attention todertif t.a,',e of S..Az..11 cs'. Wranoskv Parks. Re the. requested that consideration would 17,F. to cr,:5 4.ng the. n6me of So7tit..h Bluff. Park since a search of the records by. Ctty Secretary- Krtng tailed to indicate that 5ua,_t.h Bluff Park had ever been clficta/ly raced, There being ro �__w_ :.3� �.ss .,tfrre the ro_ns.il, tr mP tin¢ was adjourned.