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HomeMy WebLinkAboutMinutes City Council - 12/20/1967PRESENT: Mayor Jack R Blackmon 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 December 20, 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 Commissioner Roberts 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 Lozano and passed, that the absence of Mayor Pro Tem Sizemore be excused for cause. The Minutes of the Regular Council Meeting of December 13, 1967 were approved as submitted to the Council. Mayor Blackmon read and presented a proclamation, designating the period of December 20, 1967, through January 1, 1968, as CHRISTMAS HOLIDAY TRAFFIC SAFETY CAMPAIGN in the City, in cooperation with the Traffic Safety Advisory Board's City- wide campaign to reduce the annual accident toll, and urged the enthusiastic participation of the citizens of the community to join in the effort by driving by the golden rule; to drive with lights on as a reminder of the campaign, and not to drive after drinking during the Holiday Season. The proclamation was received by Mr. Hal Byers, member of the Traffic Safety Advisory Board. Mayor Blackmon announced the opening of bids. Bids were opened and read on two items of Air Compressors from the following firms: Clemtex, Ltd.; Big Three Ind. Gas; McKenzie Equipment (Houston); Girard Machinery; Macon Sheets Equipment; Gardner -Denver Company; Whring-Gass Equipment Corporation (San Antonio); and Holder Equipment 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 4967-9, Mr. Daniel Winarip, for change of zoning on a portion of Lot 6, Section 13, Flour Bluff and Encinal Farm & Garden Tracts, fronting on the proposed extension of Winston Street in Gulfgate, Unit 2, on which a public hearing was held October 24, 1967, Minutes Regular Council Meeting December 20, 1967 Page 2 and called for a motion for the disposition of this matter. Motion by Bradley, seconded by Lozano and passed, with Roberts abstainirg that Application 4967-9, Mr. Daniel Winship, for change of zoning from "R -le One- fnmiiy Dv/Piling District to "A-1" Apartment House District and "A-2" Apartment House District for an apartment complex on a portion of Lot 6, Section 13, Flour Bluff & Encina! Farm & Garden Tracts, fronting on the proposed extension of Winston Street in Gulfgate, Unit 2, be denied. Commissioner Roberts stated that he abstained on the foregoing zoning application for the reason that he was not present when all the evidence was presented. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Jimenez and passed, that the City Manager's Reports, Itemis "a" through "j", with Commissioner McDaniel voting "Nay" on Item "f", be accepted, and that the recommendations and requests be approved and granted as follows: a. That the authority to advertise for bids on Bus Transfers, to be received January 3, 1968, be granted; b. That the abandonment of the 20 -foot utility easement acquired in 1948, for the instailation of a 20" sanitary sewer line traversing the Juelg Addition, described in the Juelg Addition Plat, be approved; c. That the abandonment of the 5 -foot underground easement approxi- mately 127 feet long lying within Lot A, Alameda Center, Unit II, be approved; d. That the date of January 10, 1967, be set for public hearing on the closing ofan alley through Block 1, Nelson Addition; e. That the authority to execute a lease agreement with Mr. Jack Painter, for the leasing of Lot 1, Block 7, South Bay Addition for a period of three years at a total cost of $900, to be used for the construction, maintenance and opera- tion of a temporary water booster station to be used by the City to increase water flows and pressure to the Naval Air Station and the Flour Bluff area during the interim period prior to the completion of permanent water transmission facilities which will supplement existing water mains, be granted; f. That the recommendation of the Park and Recreation Board that the Minutes Regular Council Meeting December 20, 1967 Page3 agreement between the City and the Corpus Christi Tennis Association be terminated; that one-half of the Assistant Pro's salary be reinstated as a budget item and not contingent upon the revenue received from night play, and that the sum of $1505 be appropriated to the Park Division Budget to make this salary available for the remain- ing seven months of the fiscal year, be approved; g. That the date of January 17, 1967, Regular Council Meeting, be set for public hearings on zoning applications #1267-1, #1267-2, and #1167-10, and that the date of January 24, 1967, Regular Council Meeting, be set for public hearings on zoning Applications #1267-4 and #1267-5; h. That the extension of the existing lease of the Corpus Christi Trans- portation Company to property in the Bayfront Science Park, being Lot 1, Block 103, Beach Portion, on a month to month basis not exceeding three months for the sum of $100.00 per month rental, be approved; i. That Assistant City Manager R. Marvin Townsend be appointed Acting City Manager effective January 1, 1968; j. That the authority to proceed with the plan proposed to initiate a sight-seeing tour of Christmas lighted homes of the City, in a promotion project of the City's new buses, during the Holidays, with a suggested charge of 50$ for adults, 250 for children, and children under six free, the time, routes and details to be worked out with $us Operations l4r.Roy Klett and Administrative Assistant Lowell Gaut, be granted. ORDINANCE N0. 8694 THIRD READING OF AN ORDINANCE AMENDING SECTION 9-78 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (A) SO AS TO HEREAFTER REGULATE THE SPEED OF WATERCRAFT ON LAK CORPUS CHRISTI WITHIN 300 FEET OF THE WATER'S EDGE AND TO SPECIFICALLY PROVIDE THAT CARELESS OPERATION OF ANY WATERCRAFT ON THE LANE BEYOND 300 .LJonL FROM THE WATER'S EDGE SHALL BE DEEMED A CRIME OF CARELESS OPERATION; AMEND- ING Shin I0N 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 r•.rsT FROM THE WATER'S EDGE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SMTNDS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye," Sizemore absent. Minutes ReguIar Council Meeting December 20, 1967 Page 4 FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 5.21, AND BY ADOPTING A Naw SECTION NUMBER 5.21A, ALL PERTAINING TO THE KEEPING OF LIVESTOCK, FOWLS AND PETS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye," Sizemore absent. ORDINANCE NO. 8695 DECLARING TERMINATION OF THE INTENT TO ASSESS CERTAIN PROPERTY IN CONNECTION WITH SIDMAT,K IMPROVEMENTS UNIT I, AS SET FORTH IN ORDINANCE NO. 7455, PASSED AND APPROVED BY THE CITY COUNCIL ON JANUARY 13, 1965, AND THE NOTICE OF TEE CITY SECRETARY PILED IN THE OFFICE OF THE COUNT CLERK OF NUECES COUNTY, TERAS, ONE= 13TH DAY OF JANUARY, 1965, IN VOLUME 1068, PAGES 207-208, DEED RECORDS OF BUBOES COUNTY, TEXAS; DECLARING TERMXNATION OF THE =AV TO ASSESS CERTAIN PROPERTY IN CONNECTION WITH SIDEWALK IMPROVEMENTS UNIT Ii, AS SET FORTH IN ORDINANCE NO. 7736, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER, 6, 1965, AND THE NOTICE OF THE CITY SECRETARY FILED IN THE VICE OF THE COUNTY CLERK OF BUBOES COUNTY, TEXAS, ON THE 6TH DAY OF OCTOBER, 1965, IN VOLUME 1108, PAGES 302-303, DEED RECORDS OF MIMES COUNTY, TEXAS; DECLARIING TERMINATION OF THE INTENT TO ASSESS CERTAIN PROPERTY IN CONNECTION WITS SIDEWALK IMPROVEMENTS UNIT III, AS SET FORTH IN ORDINANCE 10. 8235, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 9, 1966, AND THE NOTICE OF THE CITY SECRE- TARY FILED IN THE OFF/CE OF THE COUNTY CLERIC OF NUECEs COUNTY, TEXAS, ON THE 23RD DAY OF NOVEMBER, 1966, IN VOLUME 1181, PAGES 4o4 -4o6, DEED RECORDS OF NUECEH COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL RELEASE OF ALL PROPERTY ABUTTING ON STREN'J.'S AFFECTED BY REASON OF SAID NOTICES IN CONNECTION WITH SIDEWALK IMPROVEMENT'S; DECLARING AN EMERGENCY. The Charter rule vas suspended and the foregoing ordinance vas passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye," Sizemore absent. RESOLUTION NO. 8696 RESOLUTION THAT CONGRESS BE URGED TO ENACT AT THE EARLIEST POSSIBLE MOMENT LEGIS- LATION:RECOMMENDED BY THE AMERICAN ASSOCIATION OF STATE BI(RCWAY OFFICIALS, TO PROVIDE THE NECESSARY GUIDELINES FOR FUTURE HIGHWAY PLANNING, CONSTRUCTION AND MAINTENANCE AND FOR TBE BION OF TEE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGEWAYS BEYOND THE CURRENTLY AUTHORIZED PROGRAM; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye," Sizemore absent. ORDINANCE NO. 8697 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON TAE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEW, 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 JACK MADDUX FOR CHANGE OF ZONING FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, ON= SOUTHWEST CORNER OF LOT 17, BLOCK 1, EDOEWATER TERRACE, IN THE CITY OF CORPUS CHRISTI, TEXAS, FILED FOR RECORD IN VOLUME 33, PAGE 57, MAP RECORDS OF BUBOES COUNTY, TEXAS, FORMERLY =WEAR LOT 10, SECTION 16, OF TBE FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, CONTAINING .747 ACRES, FRONTING ON OCEAN DRIVE; AND GRANTING A SPECIAL PERMIT ON THE WATER AREA ABUTTING THE HEREINABOVE DESCRIBED PROPERTY FOR RECONSTRUCTION OF A FISHING PIER, 750 PEET INLENGTH, EXTENDING FROM THE SHORELINE, THE PIER TO BE EIGHT FEET (89 IN WIDTH AND THE T -HEAD • Minutes Regular Council Meeting December 20, 1967 Page 5 AT THE END OF TOE =MAID PIER TO BE 10' x 150'; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blaeknoa, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye," Sizemore absent. ORDINANCE NO. 8698 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON TSE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SDC, of THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED, FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS Ate, UPON APPLICATION OF DAVID B. JANECNN, ET AL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 85, 86, 87, 100, 101 AND 102, BLOCK 1, CORPUS CHRISTI BEACH HOTEL ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AT" APARTMENT -TOURIST DISTRICT TO "B-2" PAY - FRONT BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCN AS ASID; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY'. The Chalrter rule was suspended and the foregoing ordinance was passed by the following vote: B3ao1n,on, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye," Sizemore absent. ORDINANCE NO. 8699 ry 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 DR. MARTIN PIGOTT ANDRE. V. H. GERLBACH, BY AMENDING THE ZONING ON LOT "C-2" AND A PORTION OF TAT "Dr1", J. E. HAELUETZEL TRACT, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; NENPING IL 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, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye," Sizemore absent. ORDINANCE NO. 8700 AMENDING AN ORDINANCE ENTITLED "ADOPTING AND PROVIDING FOR THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HERE- WlTH; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECT/VE DATE; =DECLARING AN EMERGENCY", BEING ORDINANCE 8127 PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 3, 1966, AS AMENDED, BY AMENDING SECTION 2, SUBSECTION (a), PARAGRAPH 1, AND SECTION 2, SUBSECTION (b), PARAGRAPHS 2 AND 3, AND ADDING PARAGRAPH 6 TO SUBSECTION (b) CP SECTION 2 THEREOF AND SUBSTITUTING A NEW SALARY SCHEDULE; AND AMENDING STs:;1'.0N 1, SUBSECTION (b) Br SING CERTAIN POSITIONS; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the,rollowing vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting Aye," Sizemore absent. Minutes Regular Council Meeting December 20, 1967 Page 6 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF TBE CITY OF CORPUS CHRISTI ADOPTED ON= 27TH DAY OF AUGUST, 437, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTIONRECORDS, AS AMENDED FROM TIME TO TIME BY ORDINANCE 6106 AS AMENDED, UPON APPLICATION OF KARGA X7O C. SALVADOR G. AND O1I, C. GARZA, obi:, BY GRAMMA A SPECIAL PERMIT FOR THE BUILDING OF A MAX JM OF SEVEN APARTMRN7' UNXTS, SUBJECT TO ALL OTHER REGULATIONS OF "A-2" APARTMENT ZONING, AND PROVIDED FURTHER THAT NO ANNEDMENT OR IPAL BOARD OR AQENCY, ON 2RE SsomaaOONE RALTO E (%2 PERMITI 1, BE 221, ADDBY ANY OEMS I - TION, IN THE CITY OF CORPUS CHRISTI, NUMBS COUNTY, TEXAS; DING IN EFFECT ALL OTHER PROVISIONS OF TBE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT ; AND DECLARING AN EMERGENCY. On vote of the Council on the foregoing ordinance, Blackmon, Bradley, Jimenez, and Lozano, voted "Aye;" McDaniel and Roberts voted "Nay;" and Sizemore absent. Mayor Blackmon asked City Attorney Singer for a ruling on the number of votes required for passage of the foregoing ordinance since a condition contained in the ordinance constituted= overriding, or adding to, of the recommendation of the Zoning and Planning Commission, and Mr. Singer stated that passage would require a majority vote plus one, or in this instance, five votes, and since the vote has been recorded, ruled that disposition of the ordinance was in effect, and that it would be necessary to pass a motion if reconsideration ie desired. Motion by Jimenez, seconded by Bradley and passed, with McDaniel voting "Nay" that the foregoing ordinance be reconsidered. Motion by Jimenez, seconded by Bradley and passed, with McDaniel voting "Nay," that the foregoing ordinance appearing on the agenda aa Ordinance "f" re granting a Special. Council permit to Margarito C,, Salvador G., and Gil C. Garza, Jr., be tabled for one week. Mayor Blackmon called for petitions on matters not scheduled on the agenda. Mrs. Joy Yates, owner of the Sun and Surf Motu., 4502 Ocean Drive, appeared and reiterated her complaint that noise from the band from the Beach Club adjacent to her motel, was continuing several nights a week and in acme instances, until after midnight, *at her tenants are being driven away and her business deteriorating. Mrs. Yates asked if something could be done to enforce the 10:30 p.m. curfew law. She filed with the City Secretary several letters from neighbors in the area verifying the existence of the alleged noise nuisance. (Council Exhibit 467'13) Mayor Blackmon stated that he believes Mrs. Yates has a legitimate coum- ever plaint and instructed the Sta#"i' to take what/ action is necessary to see that the Beach Club complies with the anti -noise and curfew ordinance. Minutes Regular Council Meeting ,December 20, 1967 Page 7 Mr. W. H. Stahl, 4901 Kdstoryz, appeared and filed with the City Secretary a letter asking fora clarification of what he had understood to be two conflicting statements as to the duration. of Special Permits, and also if the State Statute was used as a basis for denying him: "B-1" zoning in 1965. (Council Exhibit #67-14). Mayor Blackmon promised Mr. Stahl a reply to his letter as soon as time permits. There being no further business to cane before the Council, the meeting was adjourned.