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HomeMy WebLinkAboutMinutes City Council - 10/18/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 18, 1967 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Ken McDaniel City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend Don F. Pevey, Pastor of First Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of October 11, 1967, were approved as furnished to the Council. Motion by Sizemore, seconded by Bradley and passed, that the absence of Commissioners Lozano and Roberts be excused for cause. Mayor Blackmon stated that October 21-22, 1967, has been designated for all Americans to take part in non-partisan and non-political programs dedicated to "Respect for Law and Support for Men and Women in our Armed Forces" - especially those serving in Vietnam, and has the endorsement of many governors throughout the United States, and read a proclamation designating these days as OPERATION GRATITUDE in the City of Corpus Christi, respectfully urging: (1) that every moving vehicle in Corpus Christi have its headlights turned on during those days; (2) that every home, apartment, public building, office, plant, etc., in the City keep a light burning, visible outside, on the night of October 21, 1967; (3) that flags and other appropriate symbols be displayed throughout the City on October 21 and 22; and (4) support "Operation Gratitude." Mayor Blackmon directed that the Proclamation be mailed to Mr. Charles W. Wiley, Executive Director, National Committee for Responsible Patriotism. Mr. Wm. G. Barfield, representative of the American Orchid Society of Corpus Christi, appeared and invited members of the Council to attend their Semi -Annual meeting to be held at the Driscoll Hotel October 19, in conjunction with the South- west Regional Orchid Growers Association Show to be held this weekend at Exposition Hall, and stated that the principal speaker for this meeting would be a qualified expert on air polution and its adverse effect on the growth of orchids. Minutes R gular Council Meeting October 18, 1967 Page 2 Mr. Richard T. Irby, Immediate Past District Governor of Toastmasters International District 56, appeared and commended members of the City Council, and particularly Mayor Blackmon, for their support given to the Toastmasters Inter- national local organization, and in appreciation, presented the Mayor with a minature gavel as a memento of their gratitude of this support. Mayor Blackmon announced the opening of bids. Bids were opened and read on the Gollihar Park Drainage Improvements from the following firms: Asphalt Paving; Bur -Tex Constructors; Heldenfels Brothers; T. H. Lee Contractors; and Slovak Brothers, Inc. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon announced the pending item of Zoning Application #867-5, Mr. Venancio A. Villarreal, on which a public hearing was held October 3, 1967, and called for a motion for the disposition of this matter. Motion by McDaniel, seconded by Sizemore and passed, Blackmon, Sizemore, Bradley and McDaniel, voting "Aye", and Jimenez voting "Nay", that the recommendation of the Zoning and Planning Commission be concurred in and that Application #867-5, Mr. Venancio A. Villarreal, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District for Light Welding Ornamental Iron Works, on Lot 22, Block H, Las Palmas Subdivision, be denied, on the basis that approval would tend to break down the residential character of the area and would have a deteriorating effect on the area to the South for future residential development. Mayor Blackmon announced the pending item of Application #867-2, Mr. Joe Dudzienski for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the rear portion of Lots 1, 2 and 3, Block 1, Village Park, on which a public hearing was held September 6, 1967, and stated that the applicant had requested an extension of six months, or longer, to submit a plan for development and to seek a buyer for the property. Motion by Sizemore, seconded by Bradley and passed that Mr. Dudzienski be granted an extension of 120 days to work out a plan for development and to seek another buyer in connection with the foregoing zoning application. Minutes Regular Council Meeting October 18, 1967 Page 3 Mayor Blackmon announced the pending item of Application #967-4, Mr. Buford Nicholson, on which a public hearing was held October 16, 1967, and called for a motion for the disposition of the matter. Motion by Bradley, seconded by Sizemore and passed that the recommendation of the Zoning and Planning Commission be concurred in that the "B-1" portion of Applica- tion #967-4, Mr. Buford Nicholson, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District and "B-1" Neighborhood Business District, Service type business on "B-1" and multiple family dwellings under FHA 221 (D) on "A-2", be approved, and that the "A-2" portion be denied, but in lieu thereof "A-1" Apartment House District be approved subject to a plat and a site plan to be approved by the Planning Staff, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the pending item of Application #967-5, Mr. Wallace L. Lundgren, on which a public hearing was held October 16, 1967, and called for a motion for the disposition of the matter. Motion for McDaniel, seconded by Bradley and passed, with Jimenez abstaining, that the recommendation of the Zoning and Planning Commission be concurred in that Application #967-5, Mr. Wallace L. Lundgren, for change of zoning from "R -1B" One - family Dwelling District to "A-2" Apartment House District for a 45 -unit apartment complex on Lot 9, Block 1, Alameda Estates, be denied, but in lieu thereof "A-1" Apartment House District be approved subject to a standard screening fence along the North side of the subject property and a site plan to be approved by the Plan- ning Staff, and that an ordinance be brought forward effectuating the change. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Jimenez and passed that the City Manager's Reports, Items "a" through "f", with Item "g" considered separately, be accepted, and that the recommendations and requests be approved and granted as follows: a. That the Plans and Specifications for construction of Sanitary Sewers in the Tuloso Road and Stillwell Lane, in the Tropic Isles Subdivision, and at South Staples and Holly Road, be approved, and that authority to advertise for bids to be received November 8, 1967, be granted; b. That the authority to advertise for bids on various items and quantities of Traffic Control Equipment, to be opened November 1, 1967, be granted; Minutes Regular Council Meeting October 18, 1967 Page 4 c. That the authority to advertise for bids on various sizes and quantities of Mechanical Joint Gate Valves, to be opened November 1, 1967, be granted; d. That the award of bid for the purchase of 16 single type, two hour Parking Meters, and 42 double type, two hour Parking Meters, be made to Rockwell Manufacturing Company (Pittsburgh, Pa.) for a total sum of $4,750.00, on the basis of low bid meeting specifications; (Bid Tabulation #67-41) e. That the abandonment of a 10 -foot utility easement, being the South 5 feet of Lots 4, 5 and 6, and the North 5 feet of Lot 7, all in Block 6, Flour Bluff Center Addition, be authorized, and that a substitute easement 10 feet in width and being the south 10 feet of Lot 8, Block 6, Flour Bluff Center, be accepted in consideration of the owner of Lot 8 making relocation of all utilities in the present easement at his expense; f. That the abandonment of the 5 -foot utility easement along the east side of Lots 3-a and 3-b, Barr -Keeler Subdivision, be authorized, conditioned upon the proper replatting and delivery to the City of a substitute 5 -foot easement along the southeast side of the north 185 feet of Lot 2, Barr -Keeler Tracts, and 5 -foot utility easement along the south right of way line along Up River Road, across Lots 2 and 3, Barr -Keeler Subdivision, be accepted; g. City Manager Whitney presented the request of Southland Royalty Com- pany to amend their permit granted by the City Council October 11, 1967, to drill their Eleanor Kelly Unit #1, which permit did not ask for permission to use earthen pits for waste material, but by letter dated Cctober 13, 1967, requested that earthen pits be permitted, supported by a letter from the surface owner agreeing that drilling fluid which will be void of caustic soda would not be damaging to the growth of vegetation, and that the use of earthen pits would save them approximately $5,000 as compared to use of steel pits, and that it was the recommendation of Petroleum Superintendent Harry Franklin that the request be denied. Mr. Franklin stated that after considering the need for inspection of earthen pits prior to backfilling, possible and in cases probable soil contamina- tion, general housekeeping, and associated costs, it was his feeling that it is reasonable to require the general use of steel tanks for waste material for drilling throughout the City limits, and recommends denial on that basis. Mr. Byron Dyer, geologist for Southland Royalty Company, appeared on behalf Minutes Regular Council Minutes October 18, 1967 - Page 5" of the request and appealed to the Council to grant the request on the basis that the surface owner had approved the use of earthen pita; that it is not a heavily populated area; that it is his determination that the method proposed would not d•..sge future vegetation, and that it would be a saving of approximately $5,000. Mr. Dyer stated that he could not reconcile the difference between his and Mr. Franklin's estimate of $300 to $500 cost to remove waste materials, Mr. Dave Coover questioned the jurisdiction of the Council in such matters and stated that it was an encroachment into the affairs of private land owners, and further stated that it was his opinion that it was a greater safety hazard in some instances to ask for steel tanks. Motion by Bradley, seconded by Jimenez and passed, with McDaniel and Sizemore voting "Nay", Bradley, Jimenez and Blackmon, voting "Aye", that the recommendation of Petroleum Superintendent Harry Franklin be concurred in and that the request of Southland Royalty Company to amend their permit granted October 11, 1967, to allow the use of earthen mud pits, be denied. ADOPTING AN ORDINANCE REGULATING AUTO WRECKERS IN THE CITY OF CORPUS CHRISTI; DEFIN- ING CERTAIN TERMS AND EXPRESSIONS; REQUIRING OPERATORS OF AUTO WRECKER SERVICE TO APPLY FOR AND POSSESS AN AUTO WRECKER PERMIT FROM THE CHite OF POLICE; SPECIFYING EQUIPMENT FOR EACH AUTO WRECKER AND THE CONDITION THEREOF; PROVIDING FOR FEES FOR AP- PLICATION, PERMIT, AND RENEWAL OF PERMIT; PROVIDING FOR SUBSTITUTION OF WRECKERS BY PERMITTEE; PROVIDING FOR ADDITIONAL AUTO WRECKERS TO BE ADDED TO PERMIT OF PERMITTEE; REQUIRING THE FILING OF PROOF OF FINANCIAL RESPONSIBILITY; REQUIRING PERMITTEE TO MAINTAIN ADEQUATE STORAGE AREA; MAKING PROVISIONS FOR TOWING OR MOVING OF VEHICLES; PROVIDING SYSTEM FOR DISPATCHING WRECKERS TO THE SCENE OF A DISABLED VEHICLE; PROVID- ING FEES FOR TRANSPORTING DISABLED OR IMPOUNTED VEHICLES; PROVIDING THAT EACH AUTO WRECKER PERMIT SHALL BE NONTRANSFERABLE; PROVIDING PENALTY FOR VIOLATION OF THE TERMS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and Roberts absent. ORDINANCE No. 8625 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI Ct.,/ CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (A) OF SECTION 21-153, SO AS TO ADD TO 1.23E S0:;PD`.?_.E OF ONE-WAY STREETS PROVISION FOR PARADE DRIVE, FROM ALAMEDA STREET TO KENTNEF.., BETWEEN 8:00 A.M. AND 9:00 A.M., AND BETWEEN 2:30 P.M. TO 4:00 P.M., ON SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read. for the third. time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, and McDaniel, present and voting "Aye", Lozano and Roberts absent. ORDINANCE N0. 8626 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 N0, 6106, AS AMENDED, UPON APPLICATION OF SAM W. MAIN, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 13, BLOCK 4, GARDENDALE NO. 1, 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 0TRER PROVISIONS OF THE ECISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the folllwing vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and Roberts absent. Minutes Regular Council Meeting October 18, 1967 Page 6 ORDINANCE NO, 8627 AMENDING TRE ZONING ORDINANCE OF THE CITY gp CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AIM RESOLUTION RECORDS, AS AMENDED FROM TIME TO TTME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF CHUCK STONE, BY AMENDING THE ZONING NAP BY CHANGING THE ZONING ON A PORTION OF LOT 2, OSO FARM TRACTS, BEING ALSO KNOWN AS A PORTION OF BLOCK 2, GRAY 'VILLAGE #2, LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF McARDLE ROAD AND EVERHART ROAD EXTENDING 186.4 FEET IN A SOUTHWESTERLY DIRECTION ALONG EVERHART ROAD AND 277 FEET IN A NORTHWESTERLY DIRECTION ALONG McARDLE ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" 088 FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY, The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and Roberts absent. ORDINANCE NO, 8628 AMENDING THE ZONING ORDINANCE OF THE 0887 OF ORRIS 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 ANEW fl, UPON APPLICATION OF MRS. LENA MARIE JACKSON, BY GRANTING A SPECIAL COUNCIL PERMIT ON A 1.12 -ACRE TRACT LYING SOUTHWEST OF TEXAS STATE HIGHWAY NO, 9, HAVING A FRONTAGE THEREON OF 200 FEET AND. A DEPTH OF 254 FEET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, 8311 THE FABRICATION OF LIGHT PORTABLE BUILDINGS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL CRDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and. Roberts a-zsent. ORDINANCE NO, 8629 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AunusT, 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 WIILIAM STITS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1R, BLOCK 1, DAHLIA =FACE, AS SHOWN OF RECORD IN 'MUNE 33, PAGE 34, DEED RECORDS OF NUECES COUNTY, TEXAS, PILED OCTOBER 16, 1967, SAID PROPERTY BEING A. REPLAT 07 008 1, BLOCK 1, DAHLIA. TERRACE, IN THE CITY OF CORPUS CHRISTI, =ES =ET, TEXAS, FROM "2-2" TWO FAMILY DWELLING DISTRICT TO "T-4" GENERAL BUSINESS DISTRICT, SUBEECT TO THE CONDITION HEREINAFTER SET FORTH; KFLTING IN PIPFECT ALE OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEATING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and Roberts absent, Minutes Regular Council Meeting October 18, 1967 Page 7 ORDINANCE N0. 8630 ABANDONING A 10 -FOOT UTILITY EASEMENT IN BLOCK 6 OF FLOUR BLUFF CENTER ADDITION, BEING THE SOUTH 5 FEET OF LOTS 4, 5, AND 6, AND THE NORTH 5 FEET OF LOT 7, ALL IN BLOCK 6 OF SAID ADDITION, AS SHOWN BY MAP INV'OLUME 8, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS, UPON DELIVERY TO THE CITY OF A UTILITY EASEMENT IN LIEU THEREOF, BEING 10 FEET IN WIDTH ASD BEING THE SOUTH 10 FEET OF LOT 8, BLOCK 6 IN SAID FLOUR BLUFF CENTER, WHICH NEW EASEMENT IS HEREBY ACCEPTED IN CONSIDERATION OF THE SAID OWNER OF LOT 8 MAKING RELOCATION OF ALL UTILITIES IN THE PRESENT EASEMENT AT HIS EXPENSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and Roberts absent. ORDINANCE N0. 8631 ABANDONING THE 5 -FOOT 813I:ITY EASEMENT ALONG THE EAST SIDE OF LOTS 3-A AND 3-B, BARR-KELLER SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AS SHOWN BY PLAT OF RECORD IN VOLUME 16, PAGE 28, NUECES COUNTY, TEXAS MAP RECORDS, CONDITIONED UPON PROPER REPLATTING AID DELIVERY TO THE CITY OF A SUBSTITUTE 5 -FOOT EASEMENT ALONG THE SOUTHEAST SIDE OF THE NORTH 185 FEET OF LOT 2, BARR-KEELER TRACTS, AS SHOWN BY PLAT OF RECORD IN VOLUME 1, PAGE 49, NUECES COUNTY, TEXAS MAP RECORDS, AND 5-FOCT UTILITY EASEMENT ALONG THE SOUTH RIGHT OF WAY LINE ALONG UP RIVER ROAD, ACROSS LOTS 2 AND 3, BABR-KEELER SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and Roberts absent. Mr. Dave Coover appeared in, connection with the assessments for the improve- ment of Ocean 'Drive and. 'inquired as to the specific reductions of the property of Mr. Giles Grady (item #35) and of Mr Frank Crook (Item #36), and stated that on behalf of the owners, he was protesting the assessments as being illegal and without complete benefit of public testimony before the Council. Mr. Cole Thompson, attorney, spoke on behalf of Mr. and Mrs. Albert Slavi.k (Item #39) and asked for a statement of specific reductions on this property, and cited Supreme Court cases which he alledged supported his opinion that the action of the Council on these assessments is arbitrary. Mrs, Albert Slavik, appeared and spoke on behalf of Mr. Dan Clark (Item #41) protesting the assessments on these properties, and filed a protest in writing which stated in substance that the Slavik property, Lots 1, 2, Block 3, Del Mar Subdi- vision, would not be enhanced in value but wouldbe decreased by the improvements, and threatened litigation on the basis that the City has not presented justifiable facts to assess their property in any amount. Minutes Regular Council Meeting October 18, 1967 Page 8 Mayor Blackmon stated the public hearing on the Ocean Drive assessments had been officially closed, and that the Council does not desire to re -open the hearing on this matter, but that protests may be made either verbally or in writing and will be accepted. ORDINANCE NO, 8632 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR OCEAN DRIVE FROM CRAIG TO HEWIT DRIVE, AND FINDING ADD DETERMJNING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFLUIED ADD MAIMED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIME OF PAYMENT ADD COLLECTION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez and McDaniel, present and voting "Aye", Lozano and Roberts absent. Mayor Blackmon directed that the records show that his vote to approve the foregoing ordinance reflects his approval of the overall improvements and assessments on Ocean Drive, but requested that it be noted that he will not speci- fically participate in the action of the Council on ;the property owned by the First Baptist Church, appearing on the Assessment Roll as items #63 and #91, of which he is a member of the Board of Trustees. Mr. Dave Coover spoke in connection with the ordinance appearing on the agenda regulating wrecker service in the City, and suggested that the drivers of wreckers be required to clear away broken glass from the street before leaving the scene of the wreck, and was advised that this requirement is included in the ordi- nance, but that it is possible that it is not being enforced. Mr. Chas, R. Porter, attorney, appeared and stated that a change of zoning on property owned by Mt. Ted. Anderson located at the Intersection of Baldwin, South Staples, and Eighteenth Streets had been applied for and denied in 1963 because the City proposed to purchase the property for right of way purposes. He complained that the rJity has not offered any compensation since that time, and asked that some action be taken. to release this valuable property so that it can be put to some use. Mayor Blackmon advised Mr. Porter that the matter has been under discussion; that the Council is in agreement that it should be resolved, and that it is scheduled to be discussed at the next workshop meeting. Mr. Porter was asked to furnish the Council with a letter stating his client's position in the matter. There being no further business to come before the Council, the meeting was adjourned.