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HomeMy WebLinkAboutMinutes City Council - 06/05/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 5, 1968 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 dist Church. • City Manager R. Marvin Townsend 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 Curtis Owen of St. Paul's Metho- City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Meeting of May 27, 1968, and of the Regular Meeting of May 29, 1968, were approved as submitted to the Council. Mayor Blackmon proclaimed the week of June 9 - 15, 1968, as FLAG WEEK in the City, in observance of the day Congress first authorized the United States Flag, being the date of June 14, 1777, and urged citizens to observe its celebration by renewed consideration to the meaning of its symbolism. Mayor Blackmon expressed, on behalf of members of the City Council, deepest sympathy to Senator Kennedy, members of his family, and others who were victims of an assassin's attack on Senator Kennedy's life in Los Angeles this morning. He stated the attack is viewed as a demonstration of "raw emotion". Ha further expressed regrets that a candidate cannot seek election to public office without violence, and commended the citizens of Corpus Christi for being able to face their problems with reason, restraint and sanity. Mayor Blackmon reported that an investigation had been made into the death of two local youths occuring during the recent torrential rains, and that it had been deter- mined that Rafael Galvan III lost his life in a heroic attempt to save the life of a fourteen year old girl, and stated that an application is being made to the Carnegie Hero Fund Minutes Regular Council Meeting June 5, 1968 Page 2 Commission of Pittsburg, Pa., for appropriate award for what is deemed an outstanding heroic act, and directed that City Secretary Kring proceed with processing the appli- cation. Mayor Blackmon announced the opening of bids. Bids were opened and read on 500 feet of 48" Corrugated Casing with alter- nate, from the following firms: Armco Steel Corporation; Bayou Culvert Manufacturing, Inc. (Crowley, La.); FabEnCo., Inc. of Houston; Mission Concrete Pipe Company (San Antonio); Texas Industries, Inc.; and Wyatt Industries. 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 called for the City Manager's Reports. Motion by Roberts, seconded by Sizemore and passed, that the City Manager's Reports, Items "a" through "g", with Item "c" considered separately, be accepted, and that the recommendations and requests be approved and granted as follows: a. That the date of June 26, 1968, from 8 a.m. to 12 noon, be set to receive bids on various annual supply contracts involving 49 groups at an estimated cost of $1,600,000, with all items to be purchased on an as -needed basis and based on esti- mated quantities; b. That an appropriation in the amount of $11,696 from 207 Public Building Bond Funds and the sum of $2,761 from 102 General Reserve Funds, for a total of $14,457 as supplementary contingency funds applicable to purchase of an emergency generator for the Police Building be authorized, and that a change order in this amount, be approved; c. (Considered separately) d. That official concurrence in the continued designation and recognition of Community Committee on Youth Education and Job Opportunities or the Community Action Agency, be approved; e. That Section 2 of the ordinance establishing the Municipal Arts Commission be amended providing for the appointment of members on the first day of September 1969, Minutes Regular Council Meeting June 5, 1968 Page 3 with staggered terms of one, two and three years, and succeeding terms to be for three years; f. That the request of the Ways and Means Committee of the Junior Chamber of Commerce to paint addresses on street curbs June 8, 1968, to raise money for charitable projects in the community, be granted. g. That the authority to advertise for bids on the lease of Lot I and Lot IA, McBride Commercial Sites, to be received June 19, 1968, be granted. Mr. Erve Mansell, appeared in connection with the foregoing recommenda- tion to advertise for bids on the lease of McBride Commercial Sites, and requested that a new lease be negotiated to him on both lots of the subject property on the basis of the terms of the previous lease with Mobile Homes. He based his request on the fact that he is a native of Corpus Christi since 1936; that the financing would be done locally instead of in Houston; and questioned the sincerity of the other parties seeking the lease. It was noted that at the termination of the five-year lease with C. C. Mobile Homes, Mr. Mansell, the local operator, had disassociated himself with C. C. Mobile Homes and incorporated Sea and Sea Mobile Homes. City Manager Townsend explained that in view of the fact that there are other parties interested in this property, it is an appropriate and legal procedure to call for bids and award the contract to the highest bidder, and that his recommendation was on that basis. In reference to Item "c" on the agenda, City Manager Townsend stated that the recommendation is that an ordinance be passed to more specifically provide enforcement of violations in connection with the sale of obscene matter to juveniles under the age of seventeen. Ha read the definitions of obscenity as set out in the proposed ordin- ance, and pointed out the basic differences between the existing ordinance and the pro- posed one. He stated the existing ordinance is very broad in its application and basically has been ruled invalid by the Supreme Court; that it includes everything that would be Minutes Regular Council Meeting June 5, 1968 Page 4 contained in the proposed ordinance but is not specific as to the definitions or as to the concept of application to minors and the persons accused. He further stated that he felt it would be easier to file charges under the present ordinance because the language covers all groups but would be easier to obtain convictions under the proposed ordinance because it is more specific, but that gathering information on which to base the charges would be difficult. Commissioner Dick Bradley stated he was opposed to the passage of another ordinance, pointing out that it is not reasonable to believe that it would be enforced if the existing one has not been enforced. He stated that it would in effect be giving "lip service, and not doing anything about it"; that the Council would be putting an ordinance in the files that cannot be enforced and that the City does not need another "dog leash law". Commissioner Jimenez stated that since the proposed ordinance is directed more specifically toward minors and in view of the City Manager's recommendations that it would be easier to enforce, he felt it should be passed and given a fair trial. Motion by Bradley, seconded by McDaniel and passed, Jimenez voting "Nay", that the proposed ordinance be deleted from the agenda, and that the City Staff be instructed to enforce the existing ordinance. Mr. Joel Garcia, who requested enforcement of the ordinance originally, offered his assistance for enforcement of the existing ordinance. ORDINANCE NO. 8889 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 SEGl, 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 MR. W. H. HAMMONDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 21-A AND 21-B, BLOCK 2, FLOUR BLUFF ESTATES #2 IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE - FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT: KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. Minutes Regular Council Meeting June 5, 1968 Page 5 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts present and voting "Aye". Jimenez abstaining. ORDINANCE NO. 8890 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, AS AMENDED, UPON APPLICATION OF CLIFF MAUS VILLAGE ASSOCIATION, ON A 32.93 -ACRE TRACT OUT OF LOT 16, RANGE 9, GUGENHEIM-CONN FARM LOTS FRONTING 1137 FEET ON WEST POINT ROAD, EAST OF COLUMBIA STREET AND WEST OF GREENWOOD DRIVE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE CHANGED FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "A -I" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts present and voting "Aye". Jimenez abstaining. ORDINANCE NO. 8891 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, AS AMENDED, UPON APPLICATION OF MR. & MRS. M. K. DOERR ON LOT 7, BLOCK 2, NEMEC SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY CHANGING THE ZONING FROM "R -IB" ONE FAMILY DWELL- ING DISTRICT TO "A -I" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDIN - ANCES 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, Lozano, McDaniel and Roberts present and voting "Aye". Jimenez abstaining. ORDINANCE NO. 8892 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, AS AMENDED, UPON APPLICATION OF SOUTH TEXAS LAWN SPRINKLER COMPANY, BY GRANTING A SPECIAL PERMIT ON LOT 6, BLOCK 3, SOUTHWOOD ADDITION, IN Minutes Regular Council Meeting June 5, 1968 Page 6 THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE CONSTRUCTION OF A RETAIL SALES OFFICE FOR A LAWN SPRINKLING BUSINESS, WITH PARKING AREA AND TEMPORARY LIGHT STORAGE AT THE REAR OF THE PROPERTY, SUBJECT TO THE CONDI- TIONS SET FORTH HEREINAFTER; 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, Lozano and McDaniel present and voting "Aye". Jimenez and Roberts abstaining. ORDINANCE NO. 8893 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, AS AMENDED UPON APPLICATION OF P. M. RUSHING, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2, BLOCK "A", GEORGE'S PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "A-1" 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, Lozano, McDaniel, and Roberts present and voting "Aye". Jimenez abstaining. ORDINANCE NO. 8894 AMENDING ORDINANCE NO. 8288 BY AMENDING SECTION 2 THEREOF, SO AS TO PROVIDE FOR STAGGERED TERMS FOR MEMBERS OF THE MUNICIPAL ARTS COMMISSION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Blackmon, Sizemore, Bradley, Lozano, McDaniel , Jimenez and Roberts present and voting "Aye". ORDINANCE NO. 8895 APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND FUNDS THE SUM OF $11,696; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL RESERVE FUNDS THE SUM OF $2,761 FOR A TOTAL OF $14,457 HEREBY APPROPRIATED AS SUPPLEMENTARY CONTIN'GENCY FUNDS APPLICABLE TO THE POLICE BUILDING EXPANSION, PROJECT NO. 207-64-4; AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN THE AMOUNT OF $14,250 .FOR THE PURCHASE OF AN EMERGENCY GENERATOR, Minutes Regular Council Meeting June 5, 1968 Page 7 REQUIRED BY EMERGENCY OPERATING CENTER; AND DECLARING AN EMERGENCY. Tha Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts prefent and voting "Aye". ORDINANCE NO. 8896 CLOSING THAT PORTION OF HORNE ROAD, LOCATED BETWEEN NAVIGATION BOULEVARD AND OLD BROWNSVILLE ROAD, MORE PARTICULARLY DESCRIBED HEREINAFTER, BEING SITUATED IN 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, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8897 SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY-TWO (32) WARDS; DESCRIBING SAID WARDS; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLI CT 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. 8898 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO THIRTY-TWO (32) ELECTION PRECINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS NUMBERS ONE (I) THROUGH THIRTY-TWO (32), INCLUSIVE; REPEALING ALL ORDINANCES OR PARTS OF 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". Mayor Blackmon called for petitions from the audience on matters not scheduled on the agenda. Mr. W. H. Stahl, 4901 Kostoryz, appeared and read a letter protesting the Council's procedure in processing his request for a change in zoning, stating that in Minutes Regular Council Meeting June 5, 1968 Page 8 view of the Council's recent proposal to require that a person desiring to appear before the Regular Council Meeting make a request in writing by noon on Monday preceeding the meeting at which he wished to be heard, he felt he might "be forever barred from speaking in his own behalf". He stated he is still pursuing his fight for justice, and alleged that he still has not received answers to his letters asking for clarification of the Council's decisions regarding his zoning application. (Council Exhibit /7-68). Mayor Blackmon explained to Mr. Stahl that the agenda will not be closed, and asked City Secretary Kring to read from the Workshop Minutes the procedure proposed for controlling the Council Meetings. He explained that the object is not to eliminate contact with the public, but to improve it and enable the Council to handle matters in a more expeditious manner. Mr. C. E. Howard, Jr., 2905 Santa Fe, member of the Corpus Christi Hotel -Motel Association, appeared and reported that the Association has voted six -to -one ratio against a proposal of the City to levy a two percent room tax against hotel patrons. Mr. Marcus Lutz, local motel owner, stated the entire City benefited from the tourist business, especially the department stores which he stated received 40 cents of the tourist dollar while the hotels and motels received only 17 cents, and stated he felt it is not fair to tax only the motels and hotels. Mrs. Joy Yates, owner of the Sun and Surf Motel, appeared and stated the Hotel -Motel Association would like to work with the Council, and requested that the Council and Staff communicate with members of the Association so that they may be in- formed as to Council actions in connection with the matter of tourist tax and other matters. Mayor Blackmon explained that the money would be used to promote tourist and convention activities, and that the tax is being offered as a City Charter amendment to be voted on at an election on July 13. Mr. John K. Morgan, 5560 Ayers, filed with the Council a petition, signed by four property owners, asking for drainage relief from water backing up from the Minutes Regular Council Meeting June 5, 1968 Page 9 Holly Road drainage ditch. Hstated that the ditch from Ayers to Kostoryx on Holly Road will not carry the volume of water, and that it needs cleaning, opening and enlarging. (Petition #6-68). City. Manager Townsend explained that the problem will be relieved when the Carroll -Richter drainage ditch is completed, and that he will order that the Holly Road ditch be cleaned. There being no further business to come before the Council, the meeting was adjourned.