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HomeMy WebLinkAboutMinutes City Council - 12/06/1967MINUTES CITY OF CORPUS CHRISTI, TERAS REGULAR COUNCIL MEETING December 6, 1967 2:00 P.M. PRESENT; 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 City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon railed the meeting to order. The invocation was given by Commissioner Roberts in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of November 15, and of the Regular Meeting of November 22, 1967, were approved as submitted to the Council. Mayor Blackmon announced the opening of bids. Bids were opened and read on various quantities and sizes of Stainless Steel Sheets from the following firms: Allied Metals (Houston); Associated Steel (Houston); Industrial Fabricators; Metals & Tubes; Scott Perforating (Houston); and Ducommun Metals. 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 #1067-1, Mr. Julian Puente, for change of zoning on Lot 15, Block 3, Molina Subdivision No. 1, on which a public hearing was held November 22, 1967, and stated that this application had been discussed with Mr. George Prowse, attorney representing the applicant, and that a satisfactory arrangement had been made to defer action on this matter for six months pending a feasibility study of the Federal Code Enforcement Program. Motion by Lozano, seconded by Jimenez and passed, that 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, be deferred for six months pending a feasi- bility study of the Federal Code Enforcement Program in Molina Addition. Mayor Blackmon announced the pending item of Application #967-9, Mr. Daniel Winship, for change of zoning on a portion of Lot 6, Section 13, Flour Bluff Encinal Farm Minutes Regular Council Meeting December 6, 1967 Page 2 Garden Tracts, on which a public hearing was held October 24, 1967, and stated that the applicant had requested that this application be deferred. Motion by Sizemore, seconded by Lozano and passed, that Application #967-9, Mr. Daniel Winship, for change of zoning on a portion of Lot 6, Section 13, Flour Bluff and Encinal Farm & Garden Tracts, be deferred until December 20, 1967 as requested by the applicant. Mayor Blackmon announced the pending item of Application #1067-4, Benjamin Eshleman, Jr. & Lorine Eshleman Vogt, for change of zoning on a portion of Lots 3 & 6, Section 1, Flour Bluff & Encinal Farm & Garden Tracts, on which a public hearing was held November 27, 1967, and called for a motion for the disposition of the matter. Motion by Roberts, seconded by Lozano, with Roberts and Lozano voting "Aye," and Sizemore, Bradley, Jimenez and McDani.el voting "Nay," that the foregoing Applica- tion #1067-4, Benjamin Eshleman, Jr. & Lorine Eshleman Vogt, for change of zoning from "R -1A" One -family Dwelling District to "R-2" Two-family Dwelling District for a townhouse project, containing 4.707 acres, more or less, out of Lots 3 & 6, Section 1, Flour Bluff & Encinal Farm & Garden Tracts, be denied. Mayor Blackmon declared the foregoing motion had failed for lack of majority vote. Motion by Sizemore, seconded by Bradley and passed, with Sizemore, Bradley, Jimenez and McDaniel, voting "Aye," and Lozano and Roberts voting "Nay," that the recommendation of the Zoning and Planning Commission be concurred in and that Application #1067-4, Benjamin Eshleman, Jr, & Lorine Eshleman Vogt, for change of zoning from "R -1A" One -family Dwelling District to "R-2" Two-family Dwelling District for a town- house project, containing 4.707 acres, more or less, out of Lots 3 & 6, Section 1, Flour Bluff & Encinal Farm & Garden Tracts, be denied, but in lieu thereof, a Special Permit for a 30 -unit Townhouse Project be granted in accordance generally, with the site plan as presented on Scheme #3 to be approved by the Planning Staff, and with parking facilities to be located under the units as shown on the site plan, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the pending item of Application #1067-5, Benjamin Eshleman, Jr. & Lorine Eshleman Vogt, for change of zoning on a portion of Lot 3, Section 1, Flour Bluff & Encinal Farm & Garden Tracts, on which a public hearing was held November 27, 1967, and called for a motion for the disposition of the matter. Minutes Regular Council Meeting December 6, 1967 Page 3 Motion by Roberts, seconded by Lozano and passed, with Roberts, Lozano, Jiminez and McDaniel, voting "Aye," and Bradley and Sizemore voting "Nay," that Application 11067-5, Benjamin Eshleman, Jr. & Lorine Eshleman Vogt, for change of zoning from "R -1A" One -family Dwelling District to "B-4" General Business District for exclusive apartments, specialty shops and prestige office space integrated within a marina complex, contain- ing 6.811 acres, more or less, out of Lot 3, Section 1, Flour Bluff & Encinal Farm & Garden Tracts, being a tract of land fronting on Ocean Drive at Airline Road 314' x 885', be denied. Mr. Ed Ford, attorney, appeared and stated that he wished to express, on behalf of his clients, appreciation for the courteous attention that the Council gave the foregoing applications, and particularly, the way the hearings were conducted under difficult circumstances, and that they were sure each member of the Council had voted his sincere convictions. He further stated that regardless of the outcome, they would be back again. Mr. Ryan, counsel for the opponents, stated he also would like to express appreciation on behalf of his clients for the Council's considerate indulgence in the foregoing zoning matters. Mayor Blackmon recognized members of the Civics Class of St. Cyril & Methodius School who were present in the interest of their studies in government. Mrs. Fay Forbes, sponsor, and the following students were present; Mona Jen Lozano, Kathy Ann Mason, Loretta Marie Hooper, Gary Kurtz, Pat Thornton, Drew Busker, Charles Edward Mueller, Susan Jaloway, Kathy Tepera, Mary Eileen Verburgt and Linda Marie Stone. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Sizemore 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 Plans and Specifications for the construction of several structures and for channel excavation for the Van Galen Ditch Project in Flour Bluff, be approved, and that the authority to advertise for bids to be received December 27, 1967, be granted. b. That the Plans and Specifications for construction of street improvements . on Everhart Road, from Avalon to South Staples, and Gollihar Road, from Ayers to S.H. 286, be approved, and that the authority to advertise for bids to be received Minutes Regular Council Meeting December 6, 1967 Page 4 December 27, 1967, be granted; c. That Change Order No. 1, in the amount of $2,815.80, applicable to Flour Bluff Sewer System, Project No. 250-64-48.3, as prepared by Blucher and Naismith, lees underruns, resulting in a net increase of $780.30, be approved; d. That an appropriation in the amount of $1,150.60, for the acquisition of Parcels Nos. 1, 2 and 4, applicable to Project No. 220-61-50, North Staples, Kinney Avenue to I. H. 37, be approved; e. That an appropriation in the amount of $6,600 to cover the costs applicable to Change Order No. 1, dated December 1, 1967, in connection with the Tuloso Road, Stillwell Lane, Tropic Isles and Staples Sanitary Sewers, be approved; f. That the acceptance and final payment of Estimate No. 6, in the amount of $34,825.00, representing the balance due the Contractor, Slovak Brothers, upon corn - completion of construction of McArdle Road, Greenwood Drive to S.H. 286, improvements, be authorized; g. That the authority to advertise for bids on two Air Compressors for use of the Gas Division, to be opened December 20, 1967, be granted; h. That the award of bid on 100 feet of 42" Mechanical Joint Pipe, and 40 feet of 48" Pushon Type Joints, for a total sum of $4,534.20, be made to American Cast Iron Pipe Company of Houston, on the basis of the only bid received; (Bid Tabu- lation #67-46) i. That the authority to acquire 6 sidewalk easements for construction of sidewalks on Williams Drive to serve Weldon School, in accordance with the recommenda- tion of the City Engineering Department, for a total sum of $1,225.00, be approved; j. That the agreement dated April 6, 1962, with the City and the Corpus Christi Tennis Association, be extended for a period of two years; k. That the appointment of Douglas G. Matthews as General Sewer Superinten- dent to replace Mr. S. L. Allison who is retiring January 1, 1968, be approved; 1. That the authority to apply to the Federal Aeronautics Administration for Federal Airport funds which may be available by July of 1968, for assistance to be used for improvements of runways, taxiways and other improvements at International Airport, be granted. Minutes Regular Council Meeting December 6, 1967 Page 5 FIRST READING OF AN ORDINANCE AMENDING SECTION 9-78 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (A) SO AS 10 HEREAFTER REGULATE THE SPEED OF WATERCRAFT ON LAKE CORPUS CHRISTI WITHIN 300 FEET OF THE WATER'S EDGE AND TO SPECIFI- CALLY PROVIDE THAT CARELESS OPERATION OF ANY WATERCRAFT ON THE LAKE BEYOND 300 FEET FROM TAE WATER'S EDGE SHALL BE DEEMED A CRIME OF CARELESS OPERATION; AMENDING SECTION 9-78 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (L) SO AS TO HEREAFTER PROVIDE THAT ALL MOTORBOATS TOWING OR OTHERWISE ASSISTING A PERSON ON WATER SKIS, SURFBOARD OR SIMILAR CONTRIVANCE SHALL BE OPERATED NOT LESS THAN 300 1'E1T FROM THE WATER'S EDGE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION, The foregoing ordinance was read for the first time and passed to its second reading by the following vote Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE 50, 8678 APPROPRIATING OUT OF NO, 220 STREET 5(00) FUNDS THE SUM OF $1,150.60 FOR PROJECT NO, 220-61-50 NORTH STAPLES, KINNEY AVENUE TO I.H. #37, FOR THE ACQUISITION OF THREE PAnCELS OF LAND, BEING NOS, 1, 2 AND 4; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES C05iRACTS, FOR AND ON BEHALF OF 'ihh CITY OF CORPUS CHRISTI, WITH THE OWNERS OF THE AFORESAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THIS ORDINANCE; 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 8679 APPROPRIATING OUT OF NO, 250 SANITARY SEWER BOND FUND, PROJECT NO. 250-64-63, TULOSO ROAD, STILLW7T LANE, TROPIC ISLES AND STAPLES SANITARY SEWERS, THE SUM OF $6,600 TO COVER COSTS APPLICABLE TO CHANGE ORDER NO, 1, DATED DECEMBER 1, 1967, A COPY OF WHICH 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 3 Blackmon, Sizemore, Bradley, Jbmenez, Lozano, McDaniel and Roberts, present and voting "Aye," ORDINANCE NO. 8680 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE McARDLE ROAD - GREENWOOD DRIVE TO S. H. 286 STREET IMPROVEMENTS, PROJECT NO. 220-67-90, AS PERFORMED BY THE CONTRACTOR, SLOVAK BROTHERS, UNDER THEIR CONTRACT DATED APRIL 19, 1967, AUTHORIZED BY ORDINANCE NO. 8426; AUTHORIZING FINAL PAYMENT OF ESTIMATE NO. 6, DATED NOVEMBER 30, 1967, IN THE AMOUNT OF $34,825.00, A COPY OF WHICH IS ATTACHED EERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 220 STREET BOND FUNDS PREVIOUSLY APPROPRIATED; 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." Minutes Regular Council Meeting December 6, 1967 Page 6 ORDINANCE No. 8681 CLOSING PORTIONS OF WEAVER, REDMOND, BEHMANN, McIVER, JESTER AND DRISCOLL STREETS, ALL IN FLOUR BLUR' PARK, AS SHOWN BY MAP OF RECORD IN VOLUME 7, PAGE 52, NUECES COUNTY, TEXAS MAP RECORDS, AND ALSO CLOSING A PORTION OF THE ALLEY IN BLOCK 17, NAVAL CENSER, AS SHOWN BY MAP OF RECORD IN VOLUME 8, PAGE 18, NUECES COUNTY, TEXAS MAP RECORDS, ALL AS MORE FULLY DESCRIBED HEREINAFTER, SUBJECT TO REMAINING AN EASEMENT TEN FEET (10') IN WIDTH FOR THE ENTIRE LENGTH OF THAT PORTION OF JESTER STREET HEREBY CLOSED, SAID CLOSING BEING SUBJECT TO THE FURTHER PROVISION THAT SHOULD FUTURE DEVELOPMENTS IN THE AREA INDICATE THE ADVANTAGE OF CONNECTING DEAD END STREETS, Tub, DEPARTMENT OF THE NAVY WILL BE REQUESTED TO GRANT AN EASEMENT OVER NAVY PROPERTY ADJACENT TO THE NEW BOUNDARY WITHOUT CHARGE, TRE COST OF IMPROVEMENTS, INCLUDING RELOCATION OF THE BOUNDARY FENCE, TO BE BORNE BY THE CITY, THIS EASEMENT ALSO TO ALLOW INSTALLATION OF THE SANITARY SEWER FORCE MAIN; 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. 8682 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOrTED ON TSE 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 MR. TOMMY RACK, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 34, 35 AND 36, BLOCK 10, HIGHWAY VILLAGE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "A-2" 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: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE N0, 8683 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 271H 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 MR. SAM B. ARMSTRONG, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 8, BLOCK 1, MARTINE ADDITION, AN ADDI- TION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL 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, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE NO. 8684 APPROPRIATING THE SUM OF $1,225 OUT OF N0. 220 STREET BOND FUNDS FOR PROJECT NO. 220-64-64, MINOR RIGHT OF WAY FOR THE ACQUISITION OF SDC SIDEWALK EASEMENTS WHEN AND ONLY WHEN Th PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THIS ORDINANCE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 6, 1967 Page 7 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." RESOLUTION NO. 8685 EXPRESSING THE APPRECIATION AND GRATITUDE OF THE CITY COUNCIL AND THE CITIZENRY OF CORPUS CHRISTI TO THE POLICE DEPARTMENT IN THEIR EFFORTS TO ERADICATE A DEPLORABLE SITUATION FROM OUR MIDST. The Charter rule was suspended and the foregoing resolutioD was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." Mayor Blackmon called for petitions or information from the audience on matters not scheduled on the agenda. Mr. John Olson, Chairman of the Chamber of Commerce's Beautify Corpus Christi Committee, appeared in connection with the activities of this Committee in prepara- tion for the HemisFair in San Antonio in 1968, and stated the Committee has sponsored three cleanup campaigns this past year, and that a large cleanup campaign will be launched in advance of the time when visitors will arrive from the HemisFair, and asked for the Council's support to make the City of Corpus Christi, and area, a more attractive place to live and visit. Mr. Olson left with the Council a resolution setting forth these objectives, (Council Exhibit #67-11) Mayor Blackmon expressed the appreciation of the Council for the interest of this Committee in the beautification program of the City, and assured Mr. Olson that their objectives would have the full support of the Council. Mrs. Ben Goodwin, 1333 Ray, appeared and filed with the Council a written protest in connection with alleged violations of the City Ordinance whereby members of boards and commissions, who have personal or private interests in the matters under consideration, allegedly vote on and take active participation in the decisions made by these boards and commissions. Mrs. Goodwin read from the Ordinance, and cited incidents, named projects, persons and dates, of such actions having occurred the past year. (Council Exhibit #67-12) Mayor Blackmon stated that this matter will be studied, but that the allega- tions as stated in the written protest and presented by Mrs. Goodwin should be veri- fied. He further stated that he feels there is a weakness in the zoning procedures when actions of the Council are altered by the Board of Adjustment or the Staffs. Minutes Regular Council Meeting December 6, 1967 Page 8 Commissioner McDaniel requested that the Staff provide the Council vrith a report of what the Council approved in the incidents referred to above and the final outcome. There being no further business to -come before the Council, the meeting was adjourned.