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HomeMy WebLinkAboutMinutes City Council - 06/26/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 26, 1968 2:00 P.M. PRESENT: Mayor Pro Tem Ronnie Sizemore Commissioners; Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring j Mayor Pro Tem Sizemore called the meeting to order. The Invocation vas given by Commissioner W. J. Roberts in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bradley, seconded by Roberts and passed that Mayor Blackmon be excused for cause. Mayor Pro Tem Sizemore read a proclamation proclaiming July 4, 1968, as INDEPENDENCE DAY in the City of Corpus Christi, urged all citizens to re -dedicate themselves to the principles and precepts as stated in the Declaration of Indepen- dence, and asked that the United States Flag be flown to symbolize this re -dedica- tion and to honor the heroes of our Armed Services. Colonel Soderholm received the proclamation, and invited members of the Council to attend and participate in the July Fourth ceremonies to be held in Sherrill Park. Mayor Pro Tem Sizemore announced that the Council would now hear from persons from the audience having made prior request for a place on the agenda. Mrs. Shep Davis, 6905 Rhine Drive, appeared and presented a petition con- taining 41 signatures of residents of Lexington Park requesting that the Council study the need for more street lighting in this area. She pointed out that this is a newly developed area and attributed the numerous incidences of vandalism to inadequate lighting. (Petition 11-68) City Manager Townsend stated that the Traffic Engineer had made a study of the lighting for this subdivision, and inasmuch as the area now meets the require- ment of being 50% developed, the lights can be authorized as soon as a policy is established as to the types of lights to be used in subdivisions. Mr. Charles Brown, 217 Bayridge Drive, spoke in behalf of the proposed Open Rousing Ordinance, and urged passage of the ordinance such as proposed by the Corpus Christi Interracial Council as being what he termed "the most progressive fair housing ordinance that can be written." He stated he was speaking; ^.Q an Minutes Regular Council Meeting June 26, 1968 Page 2 individual citizen, did not represent any organization and is not a member of any ethnic group, but only wished to lend encouragement. He spoke of "hate" and "fear" and stated these two adversaries will present themselves in many costumes, and quoted Scriptures as an answer to these adversaries. Mayor Pro Tem Sizemore explained that the proposed ordinance is still under study and that the Council is awaiting a recommendation from the Staff and the return of Mayor Blackmon to the City. Mr. S. R. Alexander, 1718 South Alameda, appeared in connection with the ordinance appearing on the agenda for the third and final reading providing for parallel parking on the east side of the 1700 and 1800 Blocks of South Alameda. He made a presentation of figures from a preliminary survey of traffic flow and delay due to angle parking in the 1700 Block covering a two-hour period during normal working hours, pointing out that this survey showed that angle parking has essentially no effect on the traffic flow. He explained that it is more difficult for most people to parallel park, requires more time and causes more delays in the traffic flow; will necessitate drivers getting out of their cars from the left side into the traffic lane, and that the curb is not conditioned for parallel parking. He stated that the merchants of the 1700 Block feel that the parking space will not be utilized, that parallel parking will hurt their business and result in more eppty buildings, and are requesting that this ordinance be tabled until figures can be compiled for a longer period of time, or until the first leg of Ocean Drive is reopened. (Council Exhibit #10-68) City Manager Townsend explained that the recommendation to change to parallel parking had come from the Safety Advisory Board, but had been studied and initiated by the City Staff. He further stated that he felt the ultimate solution to the Six Points traffic problem is to route through traffic around the area and that this route is now under study. Motion by Bradley, seconded by Roberts and passed, that parrallel parking be put into effect on the east side of the 1700 and 1800 Blocks of South Alameda on a trial basis for a period not exceeding 90 days. Mr. Devere K. Curtiss, a college student from Wisconsin, giving his address as 810 South Carancahua, appeared with two colleagues in protest of what they termed Minutes Regular Council Meeting June 26, 1968 Page 3 severity of the recent ordinance regulating direct selling in the City. He stated that they represent the Southwestern Company which he stated is a 100 -year old reputable firm, and that they plan to be living in the City for three months for the purpose of selling and taking orders for dictionaries, and that during this period they are required to earn all their expenses. He stated that they had made application from the office of the City Secretary for a permit for this type selling and had been informed that they would each be required to pay a $50.00 permit fee to be renewed in forty days inasmuch as it appeared they were non-residents of the City, and that their purpose for appearing before the Council was to seek relief from these stringent provisions. Mr. Curtiss produced a receipt showing that the group had made a $5.00 deposit on an apartment at the aforesaid address, which he alleged established them as bona fide residents of the City. He further stated the group is personally bonded by the company which they represent and can post surety bonds to guarantee delivery of the merchandise solicited. City Secretary Kring explained that the solicitors ordinance was written to discourage out-of-town vendors because the City had received so many complaints of sales people calling on residents at all hours and often making fraudulent promises and misrepresentations of the product to be sold. Mr. Kring further stated that he had been advised by the Legal Department that Mr. Curtiss and his colleagues will be required to have itinerant licenses costing $50.00 each unless the ordinance is amended. He further stated that the applicants had originally given their address as the Y.M.C.A. when they applied for a permit, which indicated a temporary residence. Following a lengthy discussion as to the legal interpretation of the ordinance, and the definition of what constitutes an "itinerant vendor," City Manager Townsend stated that since the applicants had rented a place of residence for the summer it would appear that the non-resident provisions do not apply, and dir- ected that the City Attorney study the ordinance and report to the Council. Motion by McDaniel, seconded by Bradley and passed, that the foregoing matter be considered further following a report from City Attorney Singer. Mr. C. L. Vancura, 1528 Melbourne, appeared in protest of the ordinance authorizing eminent domain proceedings to condemn a portion of his property which the City needs as right of way for reconstruction of Ocean Drive. He stated that U Minutes Regular Council Meeting June 26, 1968 Page 4 he operates an apartment complex at this location in a residential district as non- conforming use, stated that he feels the assessments are discriminatory and that he should be assessed on a residential use basis. Mr. Vancura stated he had tried to coordinate his position with the City Staff as to an appraisal of the property, but that these discussions had ended on a note of unpleasantness; stated he did not like condemnation proceedings and would like to work out something with the Staff for future assessments. City Manager Townsend explained that the acquisition and assessments that will result from the street widening project are separate matters, but that a policy adopted as to assessments must apply to all property involved, and that the right of way must be acquired before the contract is advertised for bids. He stated that if the properties occupied by apartments in this area are improperly assessed the Staff will investigate and correct any discrepancies. Motion by Bradley, seconded by Jimenez and passed, that the ordinance appear- ing on the agenda authorizing eminent domain proceedings on Mr. Vancura's property, be deleted and deferred for one week to give the Staff and Mr. Vancura more time to reach an agreement. Mayor Pro Tem Sizemore announced the pending item of Zoning Application #560-3, Mr. T. D. Bowen & Mr. D. E. May, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District, on Lots 49 and 50, Block 810, Port Aransas Cliffs, on which a public hearing was held June 17, 1968, and called for a motion for the disposition of the matter. Motion by Bradley, seconded by Lozano and passed, with Jimenez abstaining, that the recommendation of the Zoning and Planning Commission and the Staff be con- curred in and that Application #568-3, Mr. T. D. Bowen & Mr. D. E. May, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District, on Lots 49 and 50, Block 810, Port Aransas Cliffs, be approved on the basis that there is already "AB" zoning in this block, and that an ordinance be brought forward effectuating the change. Mayor Pro Tem Sizemore announced the public hearing for the closing of a 30 -foot road, shown on plat of Lots 9 and 16, Sections 5, Range 9, Gugenheim & Cohn's Farm Lots. Minutes Regular Council Meeting .Tune 26, 1968 Page 5 City Manager Townsend presented the request and stated that it had been made by Mr. Tim Clower on behalf of the owner, Joseph A. Cohn Estate. He explained that a 32.93 -acre Tract out of Lot 15, Range 9, Gugenheim-Cohn Farm Lots, had been rezoned conditioned on the filing of a proper plat and which the Cliff Maue Village Associa- tion has under contract for purchase. He stated that the request had been circulated to the affected City Departments, and that the Public Works Department had recommended that the road be closed, but suggested that in lieu of this closing, a 10' dedication be made along West Point Road for the widening of West Point Road; that the Zoning and Planning Department had submitted a study showing possible geometries of street connections between Gollihar Road and Columbia Parkway as required by the Corpus Christi Transportation Plan, and the right of way for this facility should be dedicated in the processing of the plat of the Cohn Tract when it is submitted in connection with 221(d)3 Project which is now in the design stage and for which rezoning was granted to the Cliff Maus Village Association; that the Traffic Engineer recommended the closing, or traded for roadway right of way adjacent to the drainage easement an Lot 16, and stated that additional right of way is needed to bring Gollihar Road through to the drainage easement as is proposed in the Corpus Christi Master Trans- portation Study. Mr. Townsend stated there are no utilities located in the easement and it is his recommendation that the roadway be closed, but that the applicant be made aware of the need to tie together the main traffic arteries in this area. No one appeared in opposition to the foregoing request. Motion by Roberts, seconded by Bradley and passed that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the 30 -foot road as shown on the plat of Lots 9 and 16, in Section 5, Range 9, Gugenheim and Cohn'a Farm Lots, as filed in Vol. A, Page 53, of the Map Records of Nueces County, Texas, and also shows on the plat submitted by the applicant, be closed, and that an ordinance be brought forward effectuating the closing, Mayor Pro Tem Sizemore rn1led for the City Manager's Reports. Motion by McDaniel, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "c" be accepted, and that the recommendations and requests be approved and granted as follows: a. That the recommendation of the Marina Board to prohibit power -driven boat races in the Marina from the Breakwater to the rock jetty north of the Peoples Minutes Regular Council Meeting June 26, 1968 Page 6 Street T -Head, be approved; b. That an ordinance amending the City Code, so as to add to the schedule of one-way streets provision for Born Street, between Water Street and Chaparral Street, be approved and placed on three reading basis; c. That a lease agreement with Sea & Sea Mobile Homes, Inc., for for a term of four years and eleven months= the basis of their propoosal of $150.00 per month, on Lots 1 and 1A, McBride Commercial Sites, be authorized kLYNP6�_ I SECOND READING OF AN ORDINANCE AUTHORIZING A LEASE AGREEMENT THH, COASTAL BEND REGIONAL PLANNING COMMISSION FOR A PERIOD OF FIVE YEARS, COVERING THE LEASING OF THE INTERNATIONAL ARRIVAL BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR BUSINESS OFFICE PURPOSES OF THE SAID COMMISSION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye;" Blackmon absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (a) OF SECTION 21-153, SO AS TO ADD TO THE SCHJJ'DULE OF ONE-WAY STREETS PROVISION FOR BORN STREET, BETWEEN WATER STREET AND CHAPARRAL STREET; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Ave;" Blackmon absent. ORDINANCE NO. 8913 AMENDING THE ZONING ORDINANCE OF TRE 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 CENTRAL POWER & LIGHT COMPANY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THAT PROPERTY PLATTED AND KNOWN AS LON C. HTTT, UNIT 2, OF RECORD IN VOLUME 34, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS, ON JUNE 21, 1968, SAID PROPERTY ALSO KNOWN AS A PARCEL OR TRACT OF LAND CON- SISTING OF APPROXIMATELY 32 ACRES, PLUS OR MINUS, OF LAND OUT OF THE GREGORIA FAR/AS GRANT, ABSTRACT #592, FRONTING ON HEARN ROAD, NORTHWEST OF LON C. HILL POWER PLANT, AND EAST OF Tahl MISSOURI PACIFIC RAILROAD TRACTS, SITUAWn) IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-3" HEAVY INDUS- TRIAL 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: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Ave;" Blackmon absent. ORDINANCE N0. 8911+ AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO CONVEY TO P. M. RUSHING A 5 -ACRE TRACT OF LAND OUT OF COUNTRY ESTATES UNIT 4 HERETOFORE DEDICATED FOR PUBLIC PARK PURPOSES, DESCRIBED IN VOL. 30 PAGE 86, MAP RECORDS OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL Minutes Regular Council Meeting June 26, 1968 Page 7 WARRANTY DEED CONVEYING THE HEREINABOVE DESCRIBED PARCEL OR TRACT OF LAND TO P. M. RUSHING; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye;" Blackmon absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING Thi CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH SEA AND SEA MOBILE HODS, INC. FOR THE LEASING OF LOTS 1 AND 1A, McBRIDE COMMERCIAL SITES, FOR A MOBILE HOME SALES CENTER, FOR A TERM OF FOUR (1.) YEARS AND ELEVEN (11) MONTHS, FOR RENTAL OF $8,850, PAYABLE IN 59 INSTALLMENTS OF $150 EACH, BEGINNING AUGUST 1, 1968, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ON FTT.F IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye;" Blackmon absent. FIRST READING OF AN ORDTNANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY AMENDING SECTIOI. 9-58A, BY ADDING A SENTENCE THERETO FORBIDDING SPEED CONTESTS ANYWHERE BETWEEN THE BREAAWATER AND THE SEAWALL BOUNDED ON 'RHE NORTH BY A LINE EXTEND- ING DUE WEST THROUGH THE MOST NORTHERN POINT ON Tnl, BAY SURFACE OF THAT PORTION OF THE BREAKWATER EXTENDING SOUTHWARD FROM 'Tait OPENING IN THE BREAKWATEtt NORTH OF 'air CITY MARINA AREA AND SAID RESTRICTED AREA BEING BOUNDED ON THE SOUTH BY ''Ja, CONCRETE WALL AND WALKWAY EXTENDING FROM THE SOUTH END OF Tug BREAKWATER TO THE SEAWALL; CONTAIN- ING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION. Mrs. James C. Scott asked for clarification of the ordinance authorizing conveyance to P. M. Rushing a 5 -acre tract of land out of Country Estates Unit 1+, which was dedicated for public park purposes, and City Manager Townsend explained that the $4,000 will go into a trust fund to be used for development of surrounding parks, pointing out that the Rushing Tract is rough and not suitable for recreational use, that a land trade was considered but that a suitable tract was not available in an acceptable location for a park site. In connection with the matter of Mr. D. K. Curtiss, relative to solicitors permits, City Attorney reported that his Staff had made an interpretation of the ordinance in view of the applicants' show of good faith, and stated there is evidence that Mr. Curtiss and his colleagues have rented an apartment for one month. City Manager Townsend stated it would be his recommendation, in view of the City Attorney's opinion, that $5.00 permits be issued to the applicants since they have rented a residence for the summer, and it appears the non-resident provision of the ordinance does not apply in this case. He further stated the ordinance is Minutes Regular Council Meeting June 26, 1968 ' Page 8 • ti a borderline adaptation of municipal regulation and probably should be revised with regard to definitions, sales tax etc, It was agreed that $5.00 permits be issued to the applicants for the sale of books in the City upon the showing of a proper receipt for rental of a residence in the City, There being no further business to come before the Council, the meeting was adjourned. 1, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of June 5, 1968, through July 26, 1968, inclusive, and having been previously approved by Council action, are by me hereby approved. 'G .e /� Y JA.. KMON, Mayor `� City of Corpus Christi, Texas