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HomeMy WebLinkAboutMinutes City Council - 11/22/1967PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 22, 1967 2:00 p.m. 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 Commander Charles L. Keyser, Senior Chaplian, Naval Air Station. Mayor Blackmon read and presented a proclamation designating November 23 through December 25, 1967, as OPERATIONS HOSPITALITY in Corpus Christi, in recognition of Americans in Uniform, and urged that local families invite the servicemen and women quartered at nearby hospitals and bases into their homes on this Thanksgiving to set the record straight on the false impression given by a small group of irresponsible and disloyal dissenters who have confused many men and women in the Armed Forces. The proclamation was accepted by Commander Charles L. Keyser on behalf of Navy Personnel, Mayor Blackmon announced the opening of bids. Bids were opened and read on various sizes and quantities of Fire Hose from the following firms: F. Dale Bacon (Essix Rubber Company) of Glenview, Illinois; Blaze Guard Manufacturing Division of N. Bergen, N.J.; Peden Iron & Steel Company of Houston; Sweeco, Inc.; and Norvell- Wilder Supply Company. 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 Application #867-6, Mr. & Mrs. Frank P. Blalock, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a portion of Lot "Q", Travis Addition Unit 3, located on the Southwest corner of the intersection of Carroll Lane and Dalraida Drive, having 100' on Carroll Lane and siding 150' on Dalraida Street, on which a public hearing was held October 24, and November 1, 1967, and called for a motion for the disposition of this matter. Minutes Regular Council Meeting November 22, 1967 Page 2 Motion by Roberts, seconded by Jimenez and passed, with Bradley and Sizemore voting "Nay", that the recommendation of the Zoning and Planning Commission be concurred in and that the foregoing application be denied, on the basis that it would constitute spot zoning and would not conform with the land uses in the area. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Roberts and passed that the City Manager's Reports, Items "a" through "i", with Item "f" being deleted, be accepted, and that the recommendations and requests be approved and granted as follows: a. That the acceptance and final payment of Estimate No. 1, in the amount of $25,124.25, representing the amount due the Austin Bridge Company for completion of reconstruction of the Oso Bridge No. 2, be approved; b. That the award of bid on one 36" Horizontal Gate Valve, Twin Disc, M.J. - M.J. be made to Ludlow Valve Manufacturing Company, Inc. of Troy, New York, in the amount of $3,723.49, on the basis of low bid meeting specifications; (Bid Tabulation #67-45) c. That the authority to advertise for bids on various items and sizes of Stainless Steel Sheets for Cunningham Filter Plant, to be opened December 6, 1967, be granted; d. That an ordinance establishing a speed limit of 45 miles per hour on the North Frontage Road of Interstate Highway 37, from Rand Morgan Road to Violet Road, be approved; e. That the date of Monday, December 18, at 2:00 p.m. Special Meeting, be set for public hearing on five zoning cases; f. (Request to omit sidewalks in South one-half of Kingswood Addition deferred) g. That an ordinance authorizing a Storm Sewer Construction Agreement with the State of Texas, to be designated as the Richter Channel, City -State Drainage Outfall Project, whereby the City will provide the right of way at an estimated cost of $86,400, and the State will lay 2,500 feet of underground storm sewers and dig an open ditch for the remainder of the distance from Padre Island Drive to the Oso Creek as set out in the agreement, be authorized; h. That the old Book Mobile of the City's Library System, presently in storage, be made available to the City of Sinton for a consideration of One Dollar, due to the fact that all of their books were destroyed by Hurricane Beulah; Minutes Regular Council Meeting November 22, 1967 Page 3 . That the employment of Attorney James W. Wilson of the firm, McGinnis, Lochridge, Kilgore, Byfield, Hunter & Wilson, of Austin, Texas, as Counsel to represent the City of Corpus Christi in a lawsuit for the recovery of from $90,000 to $100,000 in damages against Gifford -Hili -American, Inc., of Dallas, on grounds of alleged conspiracy to fix prices on concrete pressure pipe used in a major City Water Line Project several years ago, with the law firm receiving 25 percent of whatever it collects, be approved. SECOND READING OF AN ORDINANCE AMENDING SECTION 21-156, AS AMENDED, SO AS TO AMEND ITEM 11 AND ITEM 12 THEREOF SO AS TO PROVIDE THAT THERE SHALL BE NO STOPPING, STANDING, OR PARKING OF VEHICLES ON LIPAN STREET, BETWEEN UPPER BROADWAY AND BROWNLEE, ON THE SOUTH SIDE, FROM 7:00 A.M. TO 9:00 A.M., AND ON THE NORTH SIDE, FROM 4:00 P.M. TO 6:00 P.M.; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-156, BY ADDING ITEMS 21 AND 21A THERETO, SO AS TO FORBID THE STOPPING, STANDING OR PARKING OF VEHICLES ON DODDRIDGE STREET ON THE SOUTH SIDE, BETWEEN DELAINE AND OCEAN DRIVE, FROM 7:00 A.M. TO 9:00 A.M., AND ON THE NORTH SIDE, BETWEEN MELDO PARK AND OCEAN DRIVE, FROM 4:00 P. M. TO 6:00 P.M.; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO, 8667 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON 3EHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE CITY OF PORTLAND, TEXAS, APPORTIONING OVERLAPPED AREA OF EXTRATERRITORIAL JURISDICTION SO AS TO PLACE ALL OF THE WATER AREA OUTSIDE OF THE CITY OF PORTLAND, WITHIN NUECES BAY AND CORPUS CHRISTI BAY, UNDER THE EXTRATERRITORIAL CONTROL OF THE CITY OF CORPUS CHRIST!, AND ALL OF THE LAND AREA IN SAN PATRICIO COUNTY WITHIN ONE (1) MILE OF THE CITY OF PORTLAND WITHIN THE EXTRATERRITORIAL CONTROL OF THE CITY OF PORTLAND, IN ACCORD- ANCE WITH THE TERMS OF THE AGREEMENT, A COPY OF WHICH 15 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: Vlackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts present and voting "Aye"; McDaniel abstaining. ORDINANCE NO. 8668 RECEIVING AND ACCEPTING THE RECONSTRUCTION OF OSO BRIDGE NO. 2, AS PERFORMED BY THE CONTRACTOR, AUSTIN BRIDGE COMPANY, UNDER THEIR CONTRACT DATED OCTOBER 4, 1967, AUTHORIZED BY ORDINANCE NO. 8621; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 1, DATED NOVEMBER 13, 1967, IN THE AMOUNT OF $25, 124.25, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 102 GENERAL FUND, ACTIVITY NO. 4925, FROM FUNDS PREVIOUSLY APPROPRIATED FOR THE AFORESAID CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 22, 1967 Page 4 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8669 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A STORM SEWER CONSTRUCTION AGREEMENT WITH THE STATE OF TEXAS, SAID CONSTRUCTION TO BE DESIGNATED AS THE RICHTER CHANNEL, CITY-STATE DRAINAGE OUTFALL PROJECT, AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $86,400.00 FOR PROJECT NO. 295-67-56, SAID SUM TO BE PLACED IN ESCROW WITH THE STATE, WHICH SUM REPRESENTS THE NOW ESTIMATED AMOUNT OF THE CITY'S PARTICIPATION; AND DECLARING AN EMERENCY. The Charter rule was suspended and.fhe foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8670 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY AMENDING SECTION 21-68, AS AMENDED, BY ADDING A NEW ITEM TITLED "INTERSTATE HIGHWAY`37- NORTH FRONTAGE ROAD", ESTABLISHING A SPEED LIMIT ON THE NORTH FRONTAGE ROAD OF INTERSTATE HIGHWAY 37, FROM RAND MORGAN ROAD TO VIOLET ROAD, SAID SPEED LIMIT TO BE 45 MILES PER HOUR, AS MORE FULLY HEREINAFTER SET OUT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO, 8671 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 3, SUBSECTION 3-1.66, RELATING TO MOBILE HOME OR TRAILER; ADDING TO SAID ARTICLE 3 A NEW SUBSECTION TO BE NUMBERED 3-1.66.1, PERTAINING TO MOBILE HOME OR TRAILER SUBDIVISION; AMENDING SUB- SECTION 3-1.67 PERTAINING TO MOBILE HOME PARK OR TRAILER PARK; AMENDING ARTICLE 25, SECTION 25-4, SUBSECTION (10), PERTAINING TO SPECIAL USES, BY ADDING TO SAID SUBSECTION (10) PARAGRAPHS "A" THROUGH "N" ALL AS MORE FULLY SET FORTH HEREIN- AFTER; 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, Lozano and Roberts present and voting "Aye"; McDaniel abstaining. Minutes Regular Council Meeting November 22, 1967 Page 5 ORDINANCE NO, 8672 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, APPLICATIONS AND OTHER PERTINENT DOCUMENTS, AND FILE THE SAME IN THE APPROPRIATE STATE OFFICE, FOR THE PURPOSE OF OBTAINING FEDERAL FINANCIAL ASSISTANCE UNDER THE FEDERAL DISASTER ACT (Public Law 875, 81st Congress; 42 U.S.C. 1855- 1855g); AND DECLARING AN EMERGENCY. The Charter rula was suspended and the foregoing ordinance passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". Mayor Blackmon called for petitions or information not scheduled on the agenda, Mrs. WiIliam T. Painter, 5726 Glen Arbor, appeared and inquired as to when South Staples Street beyond Padre Island Drive wi II be improved, and showed pictures of the condition of the area needing to be improved. Mrs. Painter referred 1-0 a previous petition submitted to the Council one year ago requesting these improvements, and stated that they have only had promises, and that the need has reached the emergency stage. She further stated that the City continues to grant building permits for business operations and extended zoning uses in this area but does not provide funds for the improvement of the street. She also requested that traffic signals be installed at the intersections of Williams Drive and South Staples, and at the corner of Cain and South Staples, stating they do not have a School Crossing Guard at these locations, and that her son was killed in a traffic accident a few years ago because of lack of adequate traffic control Mayor Blackmon directed that the request for traffic signals be refer -ed to the Traffic Engineer for study and early recommendation, but stated that he was sorry he could not give a satisfactory answer to the request for street improvement in this area as it was not included in the current Capital Improvement Program and that it will have to be included in some future bond election but that such an election is not under immediate consideration. He further pointed out that this matter was sub- mitted to the voters in the last bond election but was rejected. Mr, Donald Weber, 202 Del Mar, appeared and requested an answer to his letters requesting that the City Council review local electric rates as applied to all -electric homes, Mr. Weber stated he is interested as a citizen and as a member of the oil and gas industry, and alleged that the rates charged by Central Power & Light Company are discriminatory. City Manager Whitney stated that he has been in the process of gathering information for a reply to Mr. Weber's letters in regard to the all -electric rates and promised an early reply. Minutes Regular Council Meeting November 22, 1967 Page 6 Mayor Blackmon stated that this is a pending matter before the Council, that electric rates have been discussed generally by the Council, and that the Council is considering a thorough rate study as soon as the necessary information is obtained. Captain Nathan Clark appeared and inquired as to what determination had been made by the Council for slip rental to be charged for "party boats" in the Marina. Mr. Clark was advised that the matter had been referred to the Park Board for recommendation and that it is to be considered at their meeting next week. Mayor Blackmon announced the meeting would be recessed for a brief period in order for the Zoning and Planning Staff to prepare the Council Chamber for the scheduled public hearing on zoning matters. Mayor Blackmon reconvened the meeting and announced the public hearing on Application #1067-1, Mr. Julian Puente, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District for an automobile mechanics and repair shop, on Lot 15, Block 3, Molina Subdivision No. 1, and explained the procedure to be followed. Larry Wenger, Senior City Planner presented the application and located the subject property on the map; explained that the property is presently vacant, and that the surrounding area is predominently single-family uses, with scattered business uses; stated that at the Commission hearing held on October 10, 1967, Mr. George Prowse, attorney, had appeared and represented the applicant, and stated that a 50' x 40' wide prefabricated steel building was proposed on the subject lot, with a shell driveway and parking area for an automobile mechanic shop; stated the applicant is the sole owner of the property, and that Mr. Puente had contacted most of the residents in the area and that no objections had been encountered; stated that the applicant had presented the Commission with a petition containing six signatures of area residents who approved the request. Mr. Wenger stated that Mr. Puente had stated he would be willing to set his building back at least 40 feet from the property line, and that he did not propose to create a hazard such as a wrecking yard on the property, and stated that no one had appeared at the hearing in opposition to the request. Mr. Wenger further stated that the Staff reported 35 notices were mailed prior to the hearing, none returned in favor or in opposition, but that one was received the day after the hearing in favor of Minutes Regular Council Meeting November 22, 1967 Page 7 the request; that it was the recommendation of the Staff that the request be denied, but in lieu thereof "B-1" Neighborhood Business District be approved on the basis that it is in keeping with the area, and that the Zoning and Planning Commission's recommendation was that it be approved as requested. Mr. George Prowse, attorney, appeared on behalf of the applicant; presented a plat showing the layout of the proposed building, and stated that his client has no other plan for the property; that the applicant had stated that all he is interested in is to be permitted to put in the proposed mechanic shop; that if he can operate on a Special Permit, it would be acceptable, and that he is aware that the Special Permit is limited. City Manager Whitney pointed out that it should first be determined if a change in zoning in the Molina area will affect the City's planned request to have it designated as a Code Enforcement Area, and that he would recommend that the subject request be tabled for study and to determine how the Code Enforcement Program would affect the application. Mayor Blackmon suggested that Mr. Prowse obtain some polaroid pictures of the area for the Council's observation. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Bradley and passed that the foregoing application be recessed for two weeks. Mayor Blackmon announced the public hearing on Application #1067-2, O.B. Moor, Jr., M.D., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 1 & 2 and South 11.5 feet of Lot 3, Block 817, Port Aransas Cliffs. Mr. Wenger located the property on the map and pointed out the zoning and land use of the surrounding area; explained that at the Commission hearing held October 10, 1967, Dr. and Mrs. Moon had appeared on behalf of their request, and had stated that they would be satisfied with a Special Use Permit for a parking lot if possible; that they have made a contract to sell the property subject to proper zoning to the Humble Oil Company to be used as a parking lot in con- junction with the Service Station located adjacent to the rear of this property on the corner of Alameda and Doddridge Streets. Mr. Wenger stated that the Staff reported 15 notices were mailed, two received in favor and one in opposition; that it was the recommendation of the Staff that the Minutes Regular Council Meeting November 22, 1967 Page 8 application be denied on the basis that this would not be compatible with "R -1B" single-family uses in the area and would tend to break down the character of the residential area; and that the recommenda- tion of the Zoning and Planning Commission was that the application be denied, but in lieu thereof a Special Use Permit be granted for a parking lot subject to the following restrictions: (1) That it not be a commercial parking lot; (2) that no automobile mechanic work be done on the property; (3) that no building be permitted on the subject property; and (4) subject to a proper site plan to be approved by the Planning and Traffic Engineering Staffs. Dr. O. B. Moon, appeared in behalf of his application and 'stated that he and his wife had lived on the subject property for 17 years and since that time traffic had increased considerably; that recently he had an FHA appraisal of the property and it had been marked down because of the increased traffic flow on Doddridge; stated that his bedroom is located some 15 feet from the curb on Doddridge Street creating a nuisance from noise and traffic from the shopping center across the street; presented pictures showing the 4:00 o'clock traffic built up beyond his driveway entrance and stated that it was a definite hazard in getting in and out of his driveway onto Doddridge. Mrs. O. B. Moon also appeared stating that it is very difficult to get out of her driveway, especially since a left -turn lane has been created onto Alameda Street from Doddridge which causes cars to stack up back of their driveway. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Bradley and passed that the hearing be closed. Motion by Jimenez, seconded by Roberts and passed that action on the foregoing application be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #1067-3, Mr. Tommy Rack, from "R -1B" One -family Dwelling District to "A-2" Apartment House District for an apartment com- plex on Lots 34, 35, and 36, Block 10, Highway Village. Larry Wenger located the property on the map and described the zoning and land uses of the surrounding area; explained that at the Commission hearing held October 10, 1967, Mr. Rack had appeared on his own behalf and explained that he plans to erect a 10 -unit apartment project on the subject property with six two-bedroom and four one -bedroom units, which would range in rent from $90 to $110 per unit. Mr. Wenger pointed out that Mr. Rack owns only one of the lots of request, Minutes Regular Council Meeting November 22, 1967 Page 9 Lot 36, but that it was of sufficient area for the proposed complex, since it is 83.7' x 234' which allows approximately 1,930 square feet per unit; that there were no development plans for Lots 34 and 35, but he felt they could be used as buffers to the residential area. Mr. Wenger stated that no one had appeared other than the applicant in favor or in opposition to the request; stated that it was the recommendation of the Zoning and Planning Staff that the request be approved as submitted, and that the Zoning and Planning Commission had concurred in the recommendation of the Staff. No one appeared in favor or in opposition to the foregoing request. Motion by Jimenez, seconded by Bradley and passed that the hearing be closed. Motion by Bradley, seconded byJ;menezand passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application #1067-3 Mr, Tommy Rack, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District for an apartment complex on Lots 34, 35 and 36, Block 10, Highway Village, be approved as submitted, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned.