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HomeMy WebLinkAboutMinutes City Council - 07/17/1968r MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 17, 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 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 W. Roland Williams, Pastor of the Windsor Park Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of July 8, and of the Regular Council Meeting of July 10, 1968, were approved as furnished to the Council. Mayor Blackmon announced the opening of bids. Bids were opened and read on one Track Mounted Trencher with trailer, from the following firms: Peerless Equipment Corporation (Dallas) and Gulfside Equipment, Inc. of Corpus Christi. 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 petitions or information from the audience as scheduled on the agenda. Mrs. Lily Lira, 428 Hiawatha, presented a petition containing approximately 100 signatures of parents in the Austin Elementary School area, and representing the Austin Neighbor- hood Council, in protest of the bars which are located in front of the Austin School. Mrs. Lira read the petition which stated that the Safety Patrol boys and girls have to stand within ten feet and hearing distance of a "beer joint" where men drink; and that they do not feel this is just and moral that elementary school children receive their education in this atmosphere, and asked the Council to take immediate action to correct this situation. (Petition 012-68) U Minutes Regular Council Meeting July 17, 1968 Page 2 Mayor Blackmon stated there is a question as to how much authority the City has in this regard since it is primarily regulated by State Law, but explained that he was of the impres- sion there is a provision wherein the mayor of a city can make certain recommendations as to the renewal of permits of these establishments. He stated that the matter had been discussed with the City Legal Staff to determine what help the City can give, and appointed Commissioners Gabe Lozano and W. J. Roberts as a Council Subcommittee to make an on -sight investigation and report to the Council. Mrs. James Scott appeared and requested that she be allowed to speak on the subject of Open Housing of which she stated she had made a prior request to be placed on the agenda according to the established procedure and/or on an emergency basis. Mayor Blackmon explained the procedure which the Council has adopted relative to requests for appearances at the Council Meetings, and stated that it had been ruled a lawful procedure by the City Legal Staff, and that it is a procedure which is followed by other cities of comparable size; stated that Mrs. Scott's request had been received by the Council, but that a determination had been made that the subject of Open Housing was not of an emergency nature at this time inasmuch as the Council had set the date of August 26, for public hearing at the Memorial Coliseum at which time and place the public will be given the privilege of expressing themselves, and that the Council wished to go into that meeting with an open mind unaffected by partisan influence. Mr. M. W. Meredith, attorney, Driscoll Building, stated, after being ruled out of order, that he questioned the constitutionality of the procedure adopted by the Council relative to hearing the public at the Regular Council Meetings. City Secretary Kring stated that Mr. Meredith had appeared at his office at approximately 1:45 p.m. this date and filled out the form provided for those wishing to be heard at the Council Meetings. Mayor Blackmon announced nominations for appointments to fill vacancies on what is now the Planning Commission under an amendment approved in the July 13th election, and Minutes Regular Council Meeting July 17, 1968 Page 3 explained that the new amendment will establish three year terms of office for members in place of the current two year terms and provide for selection of three members each year. Motion by Sizemore, seconded by Jimenez and passed, that the appointments of O. J. Beck, Jr, Vaughn Bowen, Dave Coover and H. E. Savoy, be approved and confirmed for 3 -year terms to fill the current vacancies created by expired terms of Charles J. Jackson, Robert J. Key, Elbert Cox and George H. Denton. Mayor Blackmon announced the pending item of zoning Application #568-8, Mr. Delbert Bowen, for change of zoning from "R -IB" One -family Dwelling District to "AB" Professional Office District on Lot 5, Block 6, Koolside Addition, on which a public hearing was held July 8, 1968, and called for a motion for the disposition of the matter. Motion by Roberts, seconded by McDaniel and passed, with Bradley and Lozano voting "Nay" and Sizemore abstaining, that the recommendation of the Planning Commission be concurred in and that Application 4568-8, Mr. Delbert Bowen, for change of zoning from "R -IB" One -family Dwelling District to "AB" Professional Office District on Lot 5, Block 6, Koolside Addition, be denied on the basis that it would create a traffic hazard along Airline Road and the lot is too small for such an operation. Mayor Blackmon asked that the record show that he voted "Aye". Mayor Blackmon announced the pending item of Application #668-I, Mr. George Prowse, for change of zoning on Lots 2 & 3 and the East 72.1875 feet of Lots I & 4, Block "E", Lexington Place, on which a public hearing was held July 8, 1968. City Manager Townsend explained that following the public hearing on the foregoing zoning application, the Council had concurred in the recommendation of the Planning Commission to deny the request for change of zoning, but to grant a Special Permit for a storage and warehousing operation subject to the site plan as submitted and the construction of a 7 -foot cyclone fence surrounding the property on three sides, and explained that the applicant had made a request that the fence requirement be altered to the effect that a 7 -foot cyclone fence be constructed surrounding the property on three sides, being 150 feet along the North line of Lots 3 and 4 and Minutes Regular Council Meeting July 17, 1968 Page 4 the length of the Eastern side line of Lot 3 and the Western side of that portion of Lot 4, fencing only the school and residential property abutting the subject property. Mr. Townsend stated that it is his recommendation that this amendment be reflected in the ordinance granting the Special Permit. Motion by Lozano, seconded by Roberts and passed, that the action of the Council of July 8, 1968, be amended in accordance with the recommendation of the City Manager, and that a Special Permit be granted for a storage and warehousing operation on the subject property according to the site plan as submitted, and the building of a 7 -foot cyclone fence surrounding the property on three sides, being 150 feet along the North line of Lots 3 and 4 and the length of the Eastern side line of Lot 3 and the Western side of that protion of Lot 4 to which this permit applies. Mayor Blackmon announced the pending item of zoning Application #468-3, Dr. Pat K. Hrissikopoulos, et al, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on protions of Lots I & 2, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, on which a public hearing was held April 29, 1968, and called for a motion for the disposition of this request. Motion by McDaniel, seconded by Roberts and passed, that the recommendation of the Staff be concurred in and that the zoning on portions of Lots I & 2, Section 53, Flour Bluff & Encinal Farm & Garden Tracts be changed from "R -1B" One -family Dwelling District to "13-1" Neighborhood Business District on approximately 242 feet running in an easterly direction from the northwest comer of the tract along Glenoak Drive for its depth, and approximately 310 feet running in a southerly direction from the northwest corner of the tract along Waldron Field Road for its length, that the balance of the request be denied, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the pending item of zoning Application #468-10, Jon B. Held, for a change of zoning from "R -IB" One -family Dwelling District to "B-4" General Minutes Regular Council Meeting July 17, 1968 Page 5 Business District, on II -1/2 acres out of Lots 7 & 8, Section 50, Flour Bluff & Encinal Farm & Garden Tracts, on which a public hearing was held May 27, 1968. Motion by McDaniel, seconded by Roberts and passed, that the recommendation of the Staff be concurred in and that the zoning on a portion of Lots 7 & 8, Section 50, Flour Bluff & Encinal Farm & Garden Tracts, be changed from "R-113' One -family Dwelling District to "B -I" Neighborhood Business District and "A -I" Apartment House District, the "B -I" area to cover the following described property: approximately 310' running in a southerly direction from the northeast comer of the tract along Waldron Field Road for its depth and approximately 650 feet running in a westerly direction from the northeast comer of the tract along Glenoak Drive for its length, and that the remaining portion of the tract be approved for "A -I" Apartment House District, and that an ordinance be brought forward effectuating this action. Mayor Blackmon directed that both applicants of the foregoing zoning applications be notified of the actions of the Council to determine if the approved zoning is acceptable before the ordinances are written. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "h", with Mayor Pro Tem Sizemore 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 one Speed Merchant Printasign machine budgeted for the Museum, to be opened July 31, 196d, be granted. b. That the authority to enter into a contract with HUD for Elgin Park Open Space project with maximum Federal assistance of $70,953 plus $6,700 of relocation assistance, be granted; c. That the authority to execute a lease with the Humane Society for lease of a house located at 1111 Navigation Boulevard for $50.00 per month to be used for offices of the Veterinary Services Division, be granted; d. That the proposed ordinance regarding the regulation of the temperature of Minutes Regular Council Meeting July 17, 1968 Page 6 meat, not be approved on its third reading, since there is no indication that this is a problem here, and an extensive study throughout the State revealed that no other agency has found this regulation necessary; e. That the plans and specifications for alterations for the first floor for the City Council Chamber, be approved, and that the authority to advertise for bids to be received August 7, 1968, be approved; f. That the firm of Rader and Associates be employed for the preparation of plans for the lengthening and strengthening of the runways at the International Airport; g. That the five-foot utility easement in Block 1506, Port Aransas Cliffs Addition, being the South 94.81 feet of that part of the utility easement heretofore occupying the eastern five feet of Lot 5, Block 1506, be abandoned effective upon the filing of a replat of the area dedicating full 10 feet east of Lot 5, and moving the utility lines now existing in said easement at the expense of the property owner,be authorized; and h. That Ordinance No. 8934, known as the ambulance ordinance, be amended so as to authorize the permit officer to issue interim ambulance operators' permits under certain conditions and providing for a time limit not to exceed 10 months. Mayor Pro Tem Sizemore requested that the records show that he voted "Nay" on Item "f" for the employment of the firm Rader and Associates, on the basis that he favors the employment of local firms. ORDINANCE NO. 8931+ THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION, TO BE DESIGNATED AS SECTION 16-98a, REQUIRING REFRIGERATION OF MEAT PRODUCTS; PROVIDING AN ErFhCTIVE DATE; PROVIDING FOR PENALTY; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and failed to pass by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and all voting "Nay." SECOND 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 SCHEDULE OP ONE-WAY STREETS PROVISION FOR BORN STREET, BETWEEN WATER STREET AND CHAPARRAL STREET; PROVID- ING FOR PUBLICATION. 7 Minutes Regular Council Meeting July 17, 1968 Page 7 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." SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING Itis CITY MANAGER TO ENTER INTO AN AGREEMENT WI= THE U. S.O. FOR THE USE AND OCCUPANCY OF 1:tiA NORTHWEST PORTION OF THE PARK AND RECREATION BUILDING, LOCATED AT RE,DEN AND NORTH WATER STREET, MORE FULLY DESCRIBED HEREINAFTER, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING AUGUST 1, 1968, AND TERMINATING JULY 31, 1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 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 N0. 8935 AMENDING THE ZONING ORDINANCE OF 'IRE 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 RESOLUTIONS RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, AS AMENDED, UPON APPLICATION OF MR. GEORGE PROWSE, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A STORAGE AND WAREHOUSING OPERATION ON LOTS 2 AND 3 AND THE EAST 72.1875 FEET OF LOTS 1 AND 4, BLOCK "E", LEXINGTON PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH; KEEPING IN EFFECT AIL 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. 8936 ABANDONING FIVE FEET OF A UTILITY EASEMENT IN BLOCK 1506, PORT ARANSAS CLIFFS ADDITION, BEING THE SOUTH 94.81 rijia OF THAT PART OF ThE UTILITY EASEMENT HERETOFORE OCCUPYING THE EASTERN FIVE r'JeaT OF LOT 5, BLOCK 1506, OF SAID ADDITION, SAID ABANDONMENT TO BE rACTIVE UPON FILING OF A REPLAT OF SAID AREA, DEDICATING FULL 10 i68J EAST OF SAID LOT 5, AND MOVING THE UTILITY LINES NOW EXISTING IN SAID EASEMENT HEREBY ABANDONED, AT TH@: EXPENSE OF THE PROPERTY OWNER; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing or'i4' nce was passed by the following vote: Blai;kmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE N0. 8937 APPROVING THE APPOINTMENT OF WAYLAND D. PILCHER AS DEPARTMENT HEAD, IN Tbih POSITION DESIGNATED AS DIRECTOR OF PUBLIC SAFETY AND TRANSIT, AND APPROVING THE APPOINTMENT OF ROY KLETT AS DIVISION SUPERINTENDENT, IN THE POSITION DESIGNATED AS TRANSIT SUPERINTEN- DENT, FOR THE CITY OF CORPUS CHRISTI; 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 July 17, 1968 Page 8 ORDINANCE N0. 8938 CANVASSING THE RETURNS AND DECLARING THE RESULT OF AN RUCTION ON THE QUESTION OF THE ISSUANCE OF TEE FOLLOWING BONDS: $4,500,000 WATERWORKS SYSTEM IMPROVEMENT REVENUE B2,500,000 BONDS AND p22,500,000 AIRPORT IMPROVEMENT TAX BONDS; DECLARING AN EMERGENCY. City Secretary Kring called attention to the foregoing ordinance canvassing the returns of the two bond issues voted upon July 13, 1968, and stated this ordimmnce includes seven precincts, they being Nos. 43, W+, 79, 85, 88, 97 and 99, from which an official return has not been received; that the total vote cast in the precincts was 194 FOR the issuance of Water Works System Improvements Bonds and 250 AGAINST; that there were 193 votes cast FOR the Airport Improvement Bonds and 256 AGAINST the issuance of said bonds; and that these figures were supplied by the respective Judges in a telephone communication. Mr. Kring stated that it was determined by the Legal Department that these returns in question should be included and an effort be made to obtain the official returns. The Council ordered that the ordinance so show and the ordinance was so corrected. 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. 8939 CANVASSING THE RETURNS AND DECLARING T.HE RESULTS OF AN ELECTION W8f1) IN THE CITY OF CORPUS CHRISTI ON U.B.B, 13TH DAY OF JULY, 1968, UPON 'i'Hrl QUESTION OF ADOPTING AMEND- MENTS TO TTA CITY CHARTER OF THE CITY OF CORPUS USBISTI; 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. 89+0 APPROVING AND PROVIDING FOR THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND%0R DEVELOP LAND FOR OPEN -SPACE PURPOSES; 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. 8941 AMENDING ORDINANCE 8829 BY AUTHORIZING THE PERMIT OFFICER TO ISSUE 11.1L2ktIM AMBULANCE OPERATORS' PERMITS TO CERTAIN AMBULANCE OPERATORS UNDER CERTAIN CONDITIONS; PROVIDING FOR 'i'Hn TIME LIMIT ON SAID INTERIM PERMITS; AND DECLARING AN EMERGENCY. u Minutes Regular Council Meeting July 17, 1968 Page 9 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." Motion by Bradley, seconded by Roberts and passed that the lease to the Yacht Club, which i, a part of the Ordinance, be amended in Paragraph 4 so as to pro- vide for termination on the occurrence of either of the conditions, rather than the option to terminate. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A PIER LEASE WITH min CORPUS CHRISTI YACHT CLUB, TRUSTEE, FOR LEASE OF SLIPS 15 TO 19 AND 21 TO 26 ON 1tia L -HEAD FOR CON- VERSION TO ACCOMMODATE EIGHT SATLROATS UNDER 22 F.N;W, ALL AS MORE FULLY SET OUT IN THE LEASE ACREFNERT, A CORY OF WHICH IS ATTACHED liio TO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading as amended, by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." There bing no further business to come before the Council, the meeting was adjourned.