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HomeMy WebLinkAboutMinutes City Council - 08/14/1968PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 14, 1968 2:00 P. M. City Manager R. Marvin Townsend City Attomey I. M. Singer Ass stunt City Attorney Tam McDowell City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend James Kilpatrick, Assistant Pastor of the Church of the Good Shepherd. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Bradley and passed, that Commissioner Jimenez be excused for cause. Mayor Blackmon gave special recognition to Miss Jane Trigg,who has brought honor to the City of Corpus Christi and has recently been designated by the Govemor as "Outstanding Teenager" of the State of Texas. She was one of the four local Exchange students to visit Yokosuka, Japan, last year in connection with the Sister City Exchange Program, and among her many other outstanding endeavors, she is chairman of arrangements for the local Sister City Committee's enter- taining four Japanese students expected to arrive this week for a nine -day visit of this City. Mayor Blackmon, on behalf of the Council, presented Miss Trigg with a Certificate of Commendation and a symbolic "Key to the City". Also present for this occasion were her parents, Mr. and Mrs. Ross Trigg, her school principal, Mr. Hal I, and teacher, Mr. Lamos. Mayor Blackmon, on behalf of the Board of Firemen's Relief and Retirement Fund Trustees of Corpus Christi, presented 20 -year Service Certificates to: Captain William C. Anderson; Captain Otto K. Mohrenweiser; and Captain Billie O. Jeffrey. The foregoing participating members of the System of this City,haveas of June 12, 1968, completed 20 years or more of active service as firemen, and entitled to be retired under provisions of House Bill No. 258, Acts of the 45th Legislature. Mayor Blackmon read and presented a proclamation designating the period August 18-24, 1968, as DOE WEEK, commemorating the 20th Anniversary of Benevolent Patriotic Order of Does, and Minutes Regular Council Meeting August 14, 1968 Page 2 commending this organization for their many accomplishments for the well-being of the City. The proclamation was received by Mrs. Holden. Mayor Blackmon announced the opening of bids. Bids were opened and read on Ocean Drive Improvements, Unit III, Hewit to Airline, from the following firms: Heldlanfels Brothers and B&E Construction 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 presented the following nominations for appointment and re- appointment to Boards and Committees: For appointment to the Airport Board of Adjustment, John E. Miller, replacing Gordon P. Reid, and for re -appointment, Paul F. Beall and Dr. Roger Mills; For appointment to the La Retama Library Board, Reverend James Sigler, replacing Reverend John MacKinnon; For appointment to the Municipal Arts Commission, Mrs. Jim Gabbard and Mark Tucker, replacing Henry 0. Wyneken and Marshall Boykin 1Ii; For re -appointment to the Museum Advisory Board, John Chapman, Mrs. Tom L. Goad, and John P. Sprinkle;. For appointment to the Pest Control Licensing Advisory Committee, Mr. Wm. G. Barfield, replacing Tom Wise; For appointment to the City Solicitations Committee, Harvey Lewis and Joe C. Salinas, replacing Wendell Keetch and Doris Porter; and for re -appointment, Bernard Golding. For appointment to the Zoning and Planning Commission, Ralph Emmord, replacing H. E. Savoy. Motion by Sizemore, seconded by Bradley and passed, that the foregoing nominations for appointments to Boards and Committees, be confirmed and approved. Mayor Blackmon announced the pending items of Zoning Application 01161-6, Mr. H. G. Marston, on which a public hearing was held January 30, 1962. Minutes Regular Council Meeting August 14, 1968 Page 3 City Manager Townsend explained that the Staff had made a thorough search of records and had been unable to find an ordinance granting "A-2" zoning as had been Mr. Marston's under- standing, and that the deed restrictions had expired in February, 1967; that it was the Staff's recommendation that "A-2" Apartment House District be denied, but in lieu "A-1" be approved on the basis that it would be more in character with the neighborhood, which is entirely single family. Motion by McDaniel, seconded by Bradley and passed that the recommendation of the Staff be concurred in, and that Application #1161-6, H. G. Marston, for change of zoning from "R -1B" One -family Residential District to "A-2" Apartment House District on Lots 1 and 2, Block 3, Westland Addition, be denied, but in lieu thereof "A-1" Apartment House District, be approved, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the pending item of Zoning Application #1264-2, M. D. Gowland, Trustee, on which a public hearing was held February 10, 1965. City Manager Townsend explained that at the time of the hearing the Council approved the request subject to a replat with a 30 -foot setback on the Everhart side of the property, and that the Staff has contacted the applicant and that he is still interested in the zoning and is in the process of preparing a plat for submission which would meet the requirements; that the Staff recommends denial on the basis it would be in conflict with projected Everhart plans. Motion by McDaniel, seconded by Roberts and passed, that the recommendation of the Staff be concurred in and that .Application #1264-2, M. D. Gowland, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 1, 2, 3, 4, & 5, Block 14, Gardendale Unit 3, be denied. Mayor Blackmon announced the pending item of Zoning Application #1262-4, Joseph Grossman, on which a public hearing was held December 26, 1962. Mr. Townsend stated the records show that the action of the Council at the time of the hearing was to deny the "B-1" but granted Special Permit for a gift shop subject to conditions (1) that the sign or outdoor advertising structure be erected flat against the building and not to exceed 10 square feet; (2) that a II other regulations of the "AB" District would apply; and (3) proper platting; that the Staff has searched the files and leamed that the subject property was filed for record as Lot 13-C, Block 4, Del Monte Addition, that all other conditions have been complied with, and that it is the Staff's recommendation that a Special Permit for a gift shop be granted. L % Minutes Regular Council Meeting August 14, 1968 Page 4 Motion by Roberts, seconded by Lozano and passed that the recommendation of the Staff be concurred in and that Application #1262-4, Joseph Grossman, for change of zoning from "AB" Pro- fessional Office District to "B-1" Neighborhood Business District on the North half of Lots 13 & 13A, Block 4, Del Monte Addition, be denied, but in lieu thereof a Special Council Permit for a gift shop, be granted, and that an ordinance be brought forward effectuating the Special Permit. Mayor Blackmon announced the pending item relative to Zoning Application #962-3,Pharaoh Enterprises Ltd., consisting of four tracts on which a public hearing was held September 25, 1962, and Application #1262-3, on which a joint public hearing with the Planning Commission was held December 4, 1962, Motion by Bradley, seconded by Roberts and passed, with McDaniel abstaining, that an ordinance be brought forward and placed on three reading basis granting the zoning as follows: Tract 1: Application #1262-3, change the zoning on an unplatted portion of approximately 6.7 acres out of Lots 3 and 4, Section 29, Flour Bluff and Encino) Farm and Garden Tracts, from "R -IB" One -family Dwelling District to "B-1" Neighborhood Business District; Tract 2: Application #1262-3, change the zoning on an unplatted portionof approximately 3,2 acres out of Lots 3 and 4, Section 29, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District to "A -l" Apartment House District; Tract 3: Application #1262-3, change the zoning on Lots 2 and 3, Section 29, Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling District to "B-4" General Business District; and Tract 4: Application #962-3, change the zoning on a 7.2 acre, more or Tess, tract of land out of Lot 1, Section 29, Flour Bluff and Encinal Form and Garden Tracts, from "R -1A", One - family Dwelling District to "AT" Apartment-Tou¢ist District. Mayor Blackmon announced the pending item of Application #668-6, Mr. Tom Scar- borough, for change of zoning on Tract 4, Wilkey Partition, on which a public hearing was held August 12, 1968. Minutes Regular Council Meeting August 14, 1968 Page 5 Motion by Bradley, seconded by Sizemore and passed, McDaniel abstaining, that the recommendation of the Planning Commission be concurred in and that Application 4668-6, Mr. Tom Scarborough, for change of zoning from "R -1B" One -family Dwelling District and "B -1A" Tourist court District to "B-4" General Business, on the North 392.84 feet of Tract 4, Wilkey Partition, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the pending item of the TOffic Safety Advisory Board's recommendation that Carmel Parkway be made a one-way facility between Alameda and Staples. He stated he was in receipt of a petition containing 17 signatures of merchants who operate mercantile and/or service businesses in the Carmel Village Shopping Center at South Staples Street, requesting that the Council reject the proposed ordinance which would establish Carmel Parkway as one-way on the basis that it would be seriously detrimental to the respective businesses. (Petition 016-68) Motion by Bradley, seconded by Roberts and passed, Sizemore disqualified and Lozano abstaining, that an ordinance be brought forward amending the City Code, changing the schedule of one-way streets provision for Carmel Parkway, between South Staples and Alameda Street. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Lozano and passed, that the City Manager's Reports, be accepted, and that the recommendations and requests be granted and approved as follows: a. That the plans and specifications for street improvements for Belton, MacArthur, Sarita, Hiawatha and Podd Field Road, be approved, and that the authority to advertise for bids to be received September 11, 1968, be granted; b. That an appropriation in the amount of $1,000, of which amount $280 is for acquisition of right of way from the State of Texas; $470 for acquisition of right of way from the University of Corpus Christi, and $250 for court costs and incidental expenses, applicable to Ocean Drive improvements, from Alameda Junction to Naval Air Station, be authorized; c. That the authority to approve five-year renewal leases with Hertz Corporation, Coastal Bend Rent-A-Car, Inc., and National Car Rentals, for 10 percent of gross receipts against a guaranty beginning at $12,000 the first year and increasing to $16,000, as compared to present rates of 8-1/2 percent against $6,000 annual guaranty for three years, be granted; Minutes Regular Council Meeting August 14, 1968 Page 6 d. That the Tax Error and Correction List for March 1 through May 31, 1968, reducing the 1967 levy by $2,985 and prior years by $9,238, be approved; e. That concurrence in Coastal States Petrochemical Company's request for an extension to September 15, 1968, for compliance with Texas Air Pollution Control Board regulations which were delayed because of weather, be approved; f. That the public hearing on assessments for improvements on North Staples Street, Kinney to I. H. 37, held August 7, 1968, be officially closed, and that the Assessment Roll as corrected, and reflected in the ordinance, be approved; g. That the recommendation of the Planning Commission to approve plats of Padre Island - Corpus Christi Barataria Bay, Units 1 and 2, be approved as provided in Ordinance 8650 with the understanding that the Director of Public Works withhold his signature until after Council approval, be approved; h. That the authority to enter into a contract with the Goveming Committee on Aging and Health, Education and Welfare, for Services and Activities Geared to the Elderly Project for Elderly Group Communications and Coordination cif Community Services for the Elderly, be granted; the Federal Share for the first year being $15,827 and the local share in-kind, totaling $7,061; the program to take place at Meadow Park, Leathers, and Clairlane and will focus on medical assistance and social adjustment for the elderly; i. That the award of bid .on Cask Iron, Ductile Iron and/or Asbestos Cement Pipe, be made to the following firms: AMERICAN !CAST IRON PIPE COMPANY - Houston Lot 1 - Cast Iron or Ductile Iron Pipe $ 17,045.00 Lot 11 - Cast Iron or Ductile Iron Pipe 213,359.80 MCALLEN PIPE & SUPPLY CO., INC. - Corpus Christi Lot 111 - Cast Iron, Ductile Iron or Asbestos Cement Pipe $104,300.00 JOHNS -MANVILLE SALES CORPORATION - Denison Lot IV =cast Iron, Ductile Iron or Asbestos Cement Pipe $ 11,140.00 GRAND TOTAL for a grand total of $345,844.80; (Bid Tabulation #41-68) $230,404.80 $104,300.00 $ 11,140.00 $345,844.80 Minutes Regular Council Meeting August 14, 1968 Page 7 j. That an appropriation in the amount of $25.00 for acquisition of Parcel No. 14, applicable to Ocean Drive, Craig to Alameda, from the owners, H. G. Marston and wife, be authorized, and that the necessary instruments be executed for the acquisition; k. That the date of August 28, 1968, Regular Council Meeting be set for a public hearing on the application of Seabrook Development Company for change of zoning; I. That the date of Tuesday, September 3, 1968, Special Council Meeting be set for public hearing on five zoning cases; m. That the application of Humble Oil and Refining Company for waiver of bond and insurance requirements of Ordinance No. 8879, in order that they may be self insured as shown by letter of indemnification, dated July 12, 1968, and approved by the City .Attorney as required in the ordinance, be approved; n. That the Director of Public Safety Wayland Pilcher be appointed as Acting City Manager for vacation relief of City Manager Townsend, from '.Saturday, August 17, 1968, through Friday, August 23, 1968; o. That the proposed contract with Rader and Associates for the preparation of plans and specifications for extending and repairing runways at International Airport, be authorized with a five percent fee for services and testing services provided by Shilstone Testing Laboratories, Inc., at an estimated cost of $7,275. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168 (GENERALLY REFERRED Tc) AS THE PLATTING ORDINANCE), AS AMENDED BY ADDING A PARAGRAPH DESIGNATED AS PARAGRAPH 16 UNDER SUBSECTION "A" OF SECTION IV, WHICH NEW PARAGRAPH WOULD ESTABLISH A POLICY CONCERNING BRIDGE CONSTRUCTION PERTAINING TO SUBDIVISION LAYOUTS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez was absent. ORDINi4E NO. 8972 THIRD 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 THE CORPUS CHRISTI YACHT CLUB, TRUSTEE, FOR LEASE OF SLIPS 15 TO 19 AND 21 TO 26 ON THE L -HEAD FOR CONVERSION TO ACCOMMODATE EIGHT SAILBOATS UNDER 22 FEET AND TWELVE SAILBOATS UNDER 26 FEET, ALAS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. Minutes Regular Council Meeting August 14, 1968 Page 8 The foregoing ordinance was read for the third time and passed finally'by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez was absent. ORDINANCE NO. 8973 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE U.S. 0. FOR THE USE AND OCCUPANCY OF THE NORTH- WEST PORTION OF THE PARK AND RECREATION BUILDING, LOCATED AT BELDEN 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 third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye'; Jimenez was absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH COASTAL BEND RENT -A -CAR, INC. ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7710, AS AMENDED BY ORDINANCE NO. 8327, SAID LEASE PERIOD TO BEGIN AUGUST 8, 1968, AND PROVIDING FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Roberts, present and voting "Aye"; Jimenez was absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC., ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7711, AS AMENDED BY ORDINANCE NO. 8326, FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Roberts, present and voting "Aye"; Jimenez was absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH HERTZ CORPORATION ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7709, AS AMENDED BY ORDINANCE NO. 8325, SAID LEASE PERIOD TO BEGIN AUGUST 8, 1968, AND PROVIDING FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel, and Roberts, present and voting "Aye"; Jimenez was absent. Minutes Regular Council Meeting August 14, 1968 Page 9 ORDINANCE NO. 8974 CLOSING THE PUBLIC HEARING ON IMPROVEMENTS OF NORTH STAPLES STREET FROM KINNEY AVENUE TO I. H. 37, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVEMENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Sizemore abstained and Jimenez was absent. ORDINANCE NO, 8975 AMENDING THE CORPUS CHRISTI CITY CODE, 1968, AS AMENDED, BY ADDING TO SUBSECTION (A) OF SECTION 21-153, SCHEDULE OF ONE-WAY STREETS, PROVISION FOR CARMEL PARKWAY, BETWEEN SOUTH STAPLES AND ALAMEDA STREETS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. (THIS ORDINANCE FAILED TO PASS). Mr. Oscar Spitz, attomey speaking for the Carmel Village Shopping Center, opposed the passage of the foregoing ordinance stating that the merchants who had signed the petition presented earlier in this meeting feel that to change the street pattern of Carmel to one-way would do serious economic damage to the shopping center, making it more difficult for shoppers to reach the center, and would give other shopping centers a geographical advantage. Other businessmen appearing and speaking in opposition were Mr. David Smith and Mr. Bemard Golding. Mr. Smith stated that he has been driving Carmel Parkway daily for the past year, and based on his experience, the amount of traffic the street carries, and the inconvenience it would cause the people who live on the street, he sees no justification to change the street pattem to one-way. Mr. Golding pointed out that there have been no serious accidents compared to the traffic, and stated that probably the Traffic Safety Advisory Board had traffic efficiency in mind when they made their recommendation. Approximately eight persons indicated opposition to the ordinance by the show of hands. City Manager Townsend explained that the Council passed the second reading of an ordinance on December 1, 1965, by a 6 to 1 vote, and that at that time the subject of construction of a crossover had been considered, but that the minutes do not reflect that any agreement was reached, and the ordinance was not read for the third time. He further explained that the Traffic Safety Advisory Board had in mind to simplify the traffic signalization at that intersection, and that they felt the inter- section was a potential traffic hazard. Minutes Regulpr Council Meeting August 14, 1968 Page 10 The Charter Pule was suspended and the foregoing ordinance failed to pass by the following vote: Blackmon and Lozano voting "Nay"; Bradley, McDaniel and Roberts, voting "Aye"; Jimenez absent, and Sizemore disqualified. ORDINANCE NO. 8976 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. HARRY R. BAMESBERGER, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF' LOTS 19, 20, and 21, BLOCK 24, DEL MAR ADDITION TO THE CITY OF CORPUS CHRISTI, 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: Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Blackman abstained and Jimenez 'was absent. ORDINANCE NO. 8977 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 J. W. FARLEY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 2-1/2 ACRE TRACT OF LAND, BEING A PART OF A 5 -ACRE TRACT OUT OF THE NORTHWEST HALF OF THE NORTHWEST HALF OF LOT 1, SECTION 28, FLOUR BLUFF AND ENCINAL FARM .AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" 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 was absent. ORDINANCE NO. 8978 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 WPON APPLICATION OF HUMBLE OIL AND REFINING COj, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 7, SHIPP TRACT WITH THE EXCEPTION OF THE MOST WESTERLY TRIANGULAR PORTION, FORMERLY LOT 26, BLOCK 2, VANCURA ADDITION, TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-41" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 14, 1968 Page 11 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 was absent. ORDINANCE NO. 8979 AMENDING ORDINANCE NO. 8294, AS AMENDED, KNOWN AS THE "BAY DRILLING ORDINANCE OF THE CITY OF CORPUS CHRISTI", BY DELETING THE PREStNT SUBSECTION 4.1 AND SUBSTITUTING THEREFOR A NEW SUBSECTION 4.1, PROVIDING FOR A CHANGE IN THE COMPOSITION OF THE MEMBERSHIP OF THE BAY DRILLING COMMITTEE; AND BY DELETING SUBSECTION 4.2 AND SUB- STITUTING THEREFOR A NEW SUBSECTION 4.2 SETTING FORTH THE NECESSARY CHANGES IN IN ROTATION OF MEMBERSHIP; 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 was absent. ORDINANCE NO. 8980 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE AMOUNT OF $1,000, OF WHICH AMOUNT $280 IS FOR ACQUISITION OF RIGHT OF WAY FROM THE STATE OF TEXAS, $470 IS FOR ACQUISITION OF RIGHT OF WAY FROM THE UNIVERSITY OF CORPUS CHRISTI AND $250 IS FOF COURT COSTS AND INCIDENTAL EXPENSE ALL APPLICABLE TO PROJECT 220-64-64, MINOR STREET RIGHT OF WAY; 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 was absent. ORDINANCE NO. 8981 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $25.00 FOR THE ACQUISITION OF PARCEL NO. 14, OCEAN DRIVE, CRAIG TO ALAMEDA, HEREINAFTER DESCRIBED, APPLICABLE TO PROJECT NO. 220-67-97; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF 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, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez was absent. ORDINANCE NO 8982 APPROPRIATING OUT OF NO. 220 STREET BOND FUND, FOR NORTH STAPLES STREET IMPROVE- MENTS FROM KINNEY TO I.H. 37, THE SUM OF $15,000, OF WHICH AMOUNT $3,278.06, IS FOR THE CITY'S PORTION OF THE COST OF CONSTRUCTION AND $11,721.94 IS FOR CONTIN- GENCIES AND INCIDENTAL EXPENSES, SUPPLEMENTING FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 7031 DATED SEPTEMBER 25, 1963; RATIFYING THE PREVIOUS APPROVAL OF Minutes Regular Council Meeting August 14, 1968 Page 12 THE ISSUANCE OF CHANGE ORDER NO. 1, IN THE AMOUNT OF $26,339,25 FOR THE ADDITIONAL CONSTRUCTION, ALL APPLICABLE TO PROJECT NO. 220-61-50; 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 was absent. ORDINANCE NO. 8983 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, AND REPEALING ORDINANCE NO. 6699 PASSED AND APPROVED ON NOVEMBER 11, 1962, UPON APPLICATION OF TOM SCARBOROUGH, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTH 392.84 FEET OF TRACT 4, WILKEY PARTITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE-FAMILYRESIDENTIAV DISTRICT AND "B -1A" TOURIST COURT DISTRICT TO "B-4" GENERAL BUSINESS 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 was absent. Mayor Pro Tem Ronnie Sizemore was•absent from the meeting for a brief period of time. FIRST READING OF AN ORDINANCE 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 THE PHARAOH ENTERPRISES LTD., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON FOUR TRACTS OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS FOLLOWS: TRACT 1: FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, SAID TRACT BEING AN UNPLATTED PORTION OF APPROXIMATELY 6.7 ACRES OUT OF LOTS 3 AND 4, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; TRACT 2: FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT, SAID TRACT BEING AN UNPLATTED PORTION OF APPROXIMATELY 3.2 ACRP OUT OF LOTS 3 AND 4, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; TRACT 3: FROM R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT, SAID TRACT BEING AN UNPLATTED PORTION OF LOTS 2 LAND 3, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND TRACT 4: FROM "R -1A", ONE -FAMILY DWELLING DISTRICT TO "AT" APARTMENT -TOURIST DIS - TR T, SAID TRACT BEING A 7.2 ACRE, MORE OR LESS, TRACT OF LAND OUT OF LOT 1, SECTION 29, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS. Minutes Regular Council Meeting August 14, 1968 Page 13 ALL OF SAID TRACTS BEING MORE FULLY DESCRIBED HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE, AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Mr. Pat Morris attorney representing residents of Pharaoh Valley, renewed objections to the passage of the ordinance granting "8-1", "A-1", "B-4", and "AT" zoning on application of Pharaoh Enterprises Ltd., which applications were made in 1962, and approved subject to a plat. Mr. Morris stated the character of this area has changed substantially since the hearing and that the proposed changes conflict with the proposed Master Plan drawn by Harlan -Bartholomew fot the City, and that these residents are requesting another public hearing. Mr. Jim Ryan, attomey representing the applicant, stated the requested uses are part of a master plan developed and presented at the hearing in 1962, and that the people who have subsequently purchased their homes did so knowing that some of the property had been zoned commercial. He pointed out that it is not practical to file a plat in long-range developments such as proposed by the applicant. He further stated that the residential area will be screened by the Golf Course, and that the Board of Directors of the Country Club are not opposed to it. Mr. Morris alleged the area is a transitory area and that most residents have purchased their property from persons who have moved and not directly from Pharaoh Enterprises, therefore, it could not be said that they knew all the facts as to adjacent tracts before they bought their property. Mayor Blackmon stated that the matter of prior Council's actions are public records, that an applicant has the right to rely on such actions, that another public hearing is not being held today, and that he would have to have good reason to undo what another Council has done. He asked both the proponents and opponents submit in writing, further objections and/or comments, and promised that the Council would within the next few days attempt to make a lawful decision in the matter. He further stated the proposed ordinance granting the requested zoning changes will be placed on a three - reading basis. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Bradley, Lozano, McDaniel and Roberts, present and voting "Aye''; Blackmon passed, and Jimenez and Sizemore absent. Mayor Blackmon declared a brief recess before the scheduled public hearing on assess- ments for improvements on UpRiver Road. Minutes Re Regular Council Meetini August 14, 1968 Page 14 Mayor Blackmon reconvened the meeting, directed that it be noted that a quorum was present, and announced the Council would now hold the public hearing for the proposed streetlmprove- ments on UpRiver Road, Leopard to 1.1-1. 37, explained that each member of the Council had been presented with a Preliminary Assessment Roll; and stated that Mr. Tom McDowell, Assistant City Attomey, would conduct the public hearing. Mr. McDowell explained the purpose of the public hearing and stated the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to sub- stantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Mr. James K. Lontos, City Engineer, presented the plans for the street improvements; testified as to the nature, extent and specifications of the proposed improvements; stated the total cost of the construction was $125,118.17; the property owner's assessment is $43,351.46; that the City's portion is $81,766.71; and explained the manner in which such pro rata share was computed. Property owners in the audience were given the opportunity to question Mr. Lontos as to the construction aspects of the project, at which time Mr. Will Fry, Mrs. Frank Longoria, Steve Valdez, and a representative of Statewide Stations, Inc., made inquiries as to their specific pieces of property as to access, type and width of driveways, drainage facilities, credits allowed for existing improvements and trees, to which Mr. Lontos explained in detail. Mr. McDowell called Mr. Harold Carr to testify as the City's expert witness, and asked permission for his statement of qualifications be dispensed with as Mr. Carr has appeared in this capacity on numerous other occasions and the Council is familiar with his qualifications as a real estate appraiser. Mr. Carr testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed within the past week the preliminary assessment roll and each of the properties to be assessed; and stated that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments, with the following exceptions, for which he recommended that adjustments be made as follows: Minutes Regular Council Meeting August 14, 1968 Page 15 Item 01, First Presbyterian Church (Woodlawn Presbyterian Church) - Mr. Carr stated there is a legal question involved as to ownership of a strip of land in front of the church property which is being used for off-streat head -in parking by the church and that his estimate of enhancement would be two -fold; that if R is determined that the church does not own the property, then, in his opinion, the improvements would enhance the value to the amount of the assessment, and if it is owned by the church, then there is some question as to the amount the improvements would enhance the value of the property, as the prpposed plans would permit the continued use of the 20' strip, but stated that either way the property would be benefitted by the improvements, Mr. Bob Wolter, attorney representing the Woodlawn Presbyterian Churclystated he did not agree that the improvements would be an enhancement to the amount of the assessment, and that it is not clear to him as to how the ownership of the land in question affects the amount of the assessment. He stated he was not in agreement with the plans relative to the placing of curbs and gutters, and proposed parallel parking as an alternate proposal; stated it is not practical for the elderly members of the church to park across the street as there is no push-button traffic signal at that intersection. Mr. Lontos stated he had discussed the parking problem with Mr. Wpiter and that further discussions will be held with the intent of working out a solution acceptable to both the City and the Church. Item 011, Church of Jesus Christ of the Latter Day Saints - Mr. Carr stated some adjust- ment should be made for the loss of hackberry trees now located in front of this property, stating that this portion of the street is distinctive for the beautiful trees. Item #12 , Mrs. Frances Martinez - Mr. Carr stated the sidewalk of the new improve- ments would destroy three hackberry trees; that Mrs. Martinez had agreed to give five feet of land for re-alighment of the sidewalk in order to preserve the trees, but stated that since the trees are located on the easement, he would have.to say the property would be enhanced to the amount of the assessment, and that this opinion would also apply to Item #11 relative to the Church of Jesus Christ of Latter Day Saints. Minutes Regular Council Meeting August 14, 1968 Page 16 Item #25 , Mrs. Mary Andrews Randall - Mr. Carr explained that the existing curbs and gutters are in good condition, and since the assessment is only on curbs, gutters, sidewalk, and driveway, in his opinion, there would be no benefit to this particular piece of property by virtue of the proposed improvements. Item #26 , James A. Creighton - Mr. Carr explained that there are existing gutters and header type curbs which are adequate, and that there is a question as to the amount of benefit or enhancement to the property by virtue of the proposed improvements. Item #38, Robert H, Davis - Mr, Carr stated that this property is presently zoned "AB" which was the basis for the amount of •the assessment, but in the event it should be zoned "R -1B" (by pending application to down -zone), then in his opinion, the assessment should be reduced approximately one-third or $400.00 of the amount shown on the assessment roll. Mayor Blackmon stated he would call the names of the property owners as they are listed on the assessment roll and invited each property owner to state his approval or objection to any of the proposed improvements or assessments to his property. The following persons appeared: Item #4, Will E. Fry - Mr. Fry stated he had no objections to the proposed improvements. Item #20, Tommy L. Robison - Mrs, Robison appeared and stated she haS good sidewalks and driveway, and could not understand why she is beingspssessed for these improvements. Mr. Lontos explained that the existing sidewalk is only three feet wide which she is being given credit for, but that the new sidewalk will be four feet wide and that she is being assessed for the extra width, Item #21, Steve M. Valdez - Mr. Valdez stated he has good sidewalks and driveway, and understands that he is being given credit for the extra width, but complained that the pavement on this street has been severely damaged by heavy truck traffic. Item #33, L, E. Berry - Mr, David Smith spoke on behalf of the L. E. Berry property, and stated he felt the 100 percent assessment was excessive and that the credit !being given for existing curbs and gutters was not satisfactory, Item #34, L. K, Sherrill - Mrs. Sherrill stated she heartily approved the proposed improvements, but was concemed as to who would bear the expense of moving her fence. Mr. Lontos advised Mrs. Sherrill that the fence would not be moved as it was on her property. Minutes Regular Council Meeting August 14, 1968 Page 17 Item #36 , Frank and Ida Longoria - Mr. Longoria stated that he now has a 10 -foot driveway, that the assessment roll shows a fifteen -foot driveway, and that he would like to have it increased to 20 feet. He stated he had no objections to the proposed improvements, Item #41, Vergie R. Norman - Mrs, Norman stated she has no objections to the proposed street improvements nor the assessment, but expressed concern over the loss of the palm trees located just outside the fence on the property line, No one else appeared to be heard in connection with the foregoing proposed street improvements. Motion by Lozano, seconded by Bradley and passed, that the hearing be recessed for one week, and that the matters relative to adjustment in assessments and other requests will be taken under advisement. There being no further business to come before the Council, the meeting was adjourned.