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HomeMy WebLinkAboutMinutes City Council - 09/04/1968PRESENT: 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 4, 1968 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 J. V. Thomas, Assistant Pastor of the Second Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of August 26, 1968, and of the Regular Council Meeting of August 28, 1968, were approved as furnished to the Council. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "f", be accepted, and that the recommendations and requests be approved and granted as follows: a. That the recommendation of the Bay Drilling Committee to amend the Bay Drilling Ordinance regulating installation or reconstruction of protective well structures to reduce storm debris and resulting damage, be approved; b. That issuance of Change Order No. 1 in the amount of $6,990 applicable to alteration and remodeling work for La Retama Library including replacing the air conditioning tower, roof, and other minor changes, be approved, and that an appropriation in the amount of $9,802 as supplemental contingency funds for and including this change order and other planned purchases or force account expenditures, be authorized; c. That the award of contract for the construction and alterations of the First Floor of City Hall Building for the Council Chamber, be made to Tanner Freeman and that an appro- priation in the negotiated amount of $14,798, be authorized; Minutes Regular Council Meeting September 4, 1968 Page 2 d. That the final plans and specifications for landscaping of Ocean Drive be approved, and the date of -September 25, 1968, be set to receive bids for material needed for this project; e. That the recommendation of the Traffic Safety Advisory Board to amend the City Code by prohibiting the parking of vehicles at any time on the West side of Everhart Road between Alameda and South Staples Streets, be approved; f. That the authority to acquire Parcel No. 9 at a cost of $16,807, of which amount $16,624 is for acquisition and $183.00 is for incidental expenses, applicable to Ocean Drive Street Improvements, be approved, and that real estate sales contract with the owner Amold O. Morgan, be authorized. Mayor Blackmon announced the pending item of Application 4167-10, Billy Dawe, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on Lot 16 and the North 45' of Lot 17, Block 6, Woodlawn Estates No. 1, on which a public hearing was held February 14, 1967, and was tabled for further consideration. City Manager Townsend stated that the Staff had contacted Mr. Dawe recently and was informed that he is no longer the owner of the property, that it was purchased by two other individuals whose names were not available, and that it was the recommendation of the Staff at this time that the application be denied. Motion by Roberts, seconded by Lozano and passed, that the recommendation of the Staff be concurred in and that the foregoing request for zoning change be denied. Mayor Blackmon announced the pending item of Application 0967-1, Saratoga Land Company, for change of zoning on a 1.45 -acre tract of land out of Lot 9, Oso Farm Tracts, on which a public hearing was held October 16, 1967. City Manager Townsend explained that the application was denied, but in lieu "A-1" was approved subject to a plat and site plan to be approved by the Planning Staff. He stated that the property has been properly platted, and that the only remaining condition is approval of a site plan of which the Staff did not see any reason for at this time, and recommended that the Council's previous action of the Council be sustained with the exl;eption of the site plan. Minutes Regular Council Meeting September 4, 1968 Page 3 Motion by Bradley, seconded by Roberts and passed., that the recommendation of the Staff to sustain the previous action of the Council to deny the original request of Application #967-1, Saratoga Land Company for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on a 1 .45 -acre tract of land out of Lot 9, Oso Farm Tracts, located on the north right of way line of Saratoga Boulevard west of Everhart Road, but in lieu thereof "A-1" zoning be granted, be concurred in that a site plan not be required, and that an ordinance be brought forward effectuating the change. ORDINANCE NO. 9006 THIRD READING OF AN ORDINANCE AUTHORIZING -AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT; LEASING TO THE SAID TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT A TRACT OF APPROXIMATELY 9.55 ACRES OF LAND IN WEST GUTH PARK FOR THE PURPOSE OF -ESTABLISHING AND MAINTAINING A SCHOOL RECREATIONAL AND PARKING AREA, A COPY OF WHICH AGREEMENT 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, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel voting "Nay". ORDINANCE NO. 9007 AMENDING SUBSECTION 7.6 OF ORDINANCE NO. 8294, KNOWN AS THE BAY DRILLING ORDINANCE OF THE CITY OF CORPUS CHRISTI, AS AMENDED, BY ADDING TO SAID SUBSECTION 7.6 ADDITIONAL REGULATIONS FOR INSTALLATION OR RECONSTRUCTION OF PROTECTIVE WELL STRUCTURES; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION; 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. 9008 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-155, AS AMENDED, BY ADDING ITEM 38 THERETO, PROHIBITING THE PARKING OF VEHICLES AT ANY TIME ON THE WEST SIDE OF EVERHART ROAD BETWEEN ALAMEDA AND SOUTH STAPLES STREETS; PROVIDING FOR PUBLICATION; 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 September 4, 1968 Page 4 City Manager Townsend presented the recommended changes to the Text of the Zoning Ordinance, described the mechanical structure of the proposed ordinance, and explained that the amendments contained therein were a result of the conclusions agreed upon following the hearings held by the Planning Commission and the City Council, and recommended its adoption. Mr. Swantner of Swantner Investment Corporation, appeared and stated he was opposed to the ordinance as presented and that it did not resemble the ordinance which had been discussed following the hearings; questioned the structure and some of the language, and requested that he and other interested persons be allowed to meet with the Council for further discussion and clarification of its intent. Mayor Blackmon stated that he would not open the public hearing, but that in view of Mr. Swantner's request, he would recommend that the ordinance be placed on a three reading basis and that Mr. Swantner and others interested in the matter, would be invited to meet with the Council for further discussion and clarification before its final passage. FIRST READING OF AN ORDINANCE AMENDING THEZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST; T937, 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'ED'BYORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, •BYAMENDING SECTION 3-1.16 SO AS TO DEFINE "COURT'; AMENDING SECTION 27=3 0T:"03"SOAS TO PROVIDE DISTANCES BETWEEN BUILDINGS; AMENDING ARTICLE 22 BY AMENDING THE TABLE IN SECTION 2241 AS TO "R-2" AND "A-1' AMENDING ARTICLE 24 BY AMENDING LINES 10, 11, AND 12 IN THE COLUMN ENTITLED "MAXIMUM FLOOR -LOT RATIO";AMI LADING SECTION 10-5.01 BY ADDING THE PROVISION THAT 50% LAND CONVERAGE SHALL APPLY TO ONE, TWO AND THREE-STORY BUILDINGS; AMENDING SECTION 11-5.OT BY ADDING THE PROVISION THAT 50% LAND CONVERAGE SHALL APPLY TO ONE, TWOiND THREE-STORY BUILDINGS; AMENDING SECTION 3-1.36 BY AMENDING THE DEFINI I ION OF "HOME OCCUPATION"; AMENDING ARTICLE 26 BY DELETING SECTION 26-3•ANTStL.I10N-26-8 AND SUBSTITUTING A NEW SECTION 26-3; ADDING A NEW SECTION TO ARTTCEF30, TO BE NUMBERED SECTION 30-7, TO PROVIDE TIME LIMIT FOR FINAL. COUNCIL ACTION; AMENDING SECTION 33-3.01 SO AS TO INCREASE THE AMOUNT OF FILING FEE WHEN AP.PEALING_TO_ BOARD OF ADJUSTMENT; AMENDING SECTION 33-3.02 50 AS TO REQUIRE PAYMENT �F $80 INSTEAD OF $40 WHEN APPLYING FOR ZONING CHANGES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Minutes Regular Council Meeting September 4, 1968 Page 5 ORDINANCE NO. 9009 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH TANNER FREEMAN FOR THE CON- STRUCTION AND ALTERATIONS FOR THE COUNCIL CHAMBER AT CITY f4ALL; APPROPRIATING. AND REAPPROPRIAT[NG FROM NO. 102 GENERAL FUND, ACTIVITY NO. 3591, CODE 502, THE SUM OF $14,798 FOR THE NEGOTIATED AMOUNT OF THE CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was pabsed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9010 AUTHORIZING THE ISSUANCE OF CHANGE ORDER NO 1 IN THE AMOUNT OF $6,990 APPLICABLE TO ALTERATION AND REMODELING WORK FOR LA RETAMA LIBRARY, PRO- JECT NO. 207-64-9; APPROPRIATING OUT OF NO. 207 PUBLIC BUILDING BOND FUND THE SUM OF $9,802 AS SUPPLEMENTAL CONTINGENCY FUNDS FOR AND INCLUDING THIS CHANGE ORDER NO. 1 AND OTHER PLANNED PURCHASES OR FORCE ACCOUNT EXPENDITURES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". City Manager Townsend presented the proposed ordinance on open housing; explained the provisions set forth therein; stated the ordinance is being placed on an emergency basis since it has been a matter of discussion by the Council and many organized groups for some time; that a public hearing was held August 26, 1968, at which time all parsons wishing to be heard were heard; and that he recommended its passage as presented to be effective upon publication. Mr. Sam Allen, Realtor, appeared and stated he was opposed to the passage of the proposed open housing ordinance on an emergency basis since some changes have been made since the public hearing, and that he had not had the privilege of reading the ordinance as presented by the City Manager. He stated the Board of Realtors, which he represents, would like to have a conference with the Council relative to certain provisions before the ordinance is passed. Mrs. Katherine Chambers, 1321 Ocean Drive, stated she did not oppose the ordinance as presented, and that as an owner of rental property, she felt it would be less costly to make appeals by not having to go through the Federal Courts. Mayor Blackmon explained that that the intent of the proposed ordinance. Minutes Regular Council Meeting September 4, 1968 Page 6 Mr. Bruce Hemdon, 1322 Second Street, spoke at length against open housing stating that the Council was letting "the tail wag the dog"; that the City is still 10 to 20 years away from open housing, and that he sees no necessity for the passage of such an ordinance on an emergency basis at this tine. Commissioner McDaniel stated that he has no quarrel with open housing, but in view of the fact that Federal legislation is available,.he is amazed at the complete lack of discussion the Council has given to the merits of why the proposed ordinance is needed. He further stated that he, as a dealer in real estate, is personally affected by the ordinance which would give him a personal interest, and that he feels he must abstain from voting. ORDINANCE NO. 9011 DECLARING THE POLICY OF THE CITY TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO PROVIDE HIMSELF AND HIS FAMILY A DWELLING, INCLUDING THE FINANCING THEREOF, WITHOUT REGARD TO RACE, COLOR, RELIGION OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING FINANCING OF DWELLING; PROVIDING REGULATIONS CONCERNING BROKERAGE SERVICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION; CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, and Roberts, present and voting "Aye"; McDaniel abstaining. Mr. Harold Alberts, attorney who has been active in the efforts to obtain passage of the ordinance commended the Council for its efforts and stated it is due a great deal of respect. ORDINANCE NO. 9012 APPROPRIATING THE SUM OF $16,807 OUT OF NO. 220 STREET BOND FUND, OF WHICH AMOUNT THE SUM OF $16,624 IS FOR ACQUISITION OF PARCEL NO. 9 AND THE SUM OF $183 IS FOR INCIDENTAL EXPENSE, ALL APPLICABLE TO PROJECT NO. 220-67-97, OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCEL OF LAND FROM ARNOLD O. MORGAN, THE OWNER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, Jimenez, McDaniel and Roberts, present and voting "Aye". Minutes Regular Council Meeting September 4, 1968 Page 7 Mayor Blackmon announced the pending item of Application #668-8, Mrs. Guadalupe C. DeLuna, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 25A, Patrick Gardens, on which a public hearing was held August 12, and recessed pending further information. City Manager Townsend gave a brief history of the request, stating that Mrs. DeLuna had applied for a building permit for the operation of a snow cone and soft drink stand on the garage part of the other structure located on the front of the property, and that the Electrical Inspector had pointed out that the land was not properly zoned for this use. Mr. Townsend stated it was the recommendation of the Planning Commission that the request be denied on the basis that no public necessity is shown for this use, the existing zoning is adequate, it would create "spot" zoning in a well-established residential area, and would tend to break down the residential character of the neighborhood. The Staff concurred in this recommendation. Mr. William Bonilla, attorney, appeared on behalf of the applicant, and stated that his client was unable to attend the meeting because of illness, but explained that it was his under- standing that a Special Council Permit would be acceptable to Mrs. DeLuna for the operation of the snow cone concession. He pointed out that the objections had come from members of the Parent Teachers Association of the Rose Shaw School on the basis that the proposed concession might become a "hang-out" for school children. Mr. Bonilla explained that the proposed concession would be much more desirable for congregation of youth than some place where beer is sold. He further stated that if a Special Permit is granted and the applicant cannot comply with the Electrical Code in the remodeling of the existing garage, then the project will be abandoned. City Manager Townsend explained that in order to grant a Special Permit for the proposed operation, a site plan would be required which would be much more complex, and that the Staff would still oppose the Special Permit. Motion by Sizemore, seconded by McDaniel and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, Jimenez abstaining and Lozano voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #668-8, Mrs. Guadalupe C. DeLuna, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 25A, Patrick Gardens, be denied Minutes Regular Council Meeting September 4, 1968 Page 8 on the basis that no public necessity is shown for this use, the existing zoning is adequate, it would create "spot" zoning in a well-established residential area, and would tend to break down the residential character of the neighborhood. There being no further business to come before the Council, the meeting was adjourned.