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HomeMy WebLinkAboutMinutes City Council - 09/11/1968, MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 11, 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 Assistant City Attorney Bob Young City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Rsverend Conway T. Wharton, Jr., Pastor of the Covenant Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Meeting of September 3, and of the Regular Meeting of September 4, 1968, were approved as furnished to the Council. Mayor Blackmon read and presented proclamations relative to the following: DIEZ Y SEIS DAY, September 16, 1968, in honor of our esteemed neighbors to the South, and local citizens of Mexican extraction, received by Mr. Herbert Spindola, Acting Consul of Mexico; CONSTITUTION WEEK, September 17-23, 1968, and CITIZENSHIP (Constitution) DAY, September 17, 1968, in commemoration of the 181st Anniversary of the adoption of the Federal Constitution of the United States of America, received by Mrs. R. L. Henning, Regent of the Daughters of American Republic Organization, and Coley Baker, President, and Lloyd Holmes, Past President of Civitan Club; YMCA INDIAN GUIDE WEEK, September 15-21, 1968, in observance of and supporting the bonds of father and son relationships, received by Mr. Bruce Reaves of the local YMCA. Also present in support of the foregoing proclamation were Mr. Bob Huff, as "Big Brave" and his son, Eddie as "Little Brave" who appeared in traditional Indian costumes, and presented the Mayor with an Indian headband as a token of sincerity. Mayor Blackmon announced the opening of bids. Minutes Regular Council Meeting September 11, 1968 Page 2 Bids were opened and read on Street Improvements on Belton, McArthur, Sarita, Hiawatha, and Rodd Field Road, from the following firms: Heldenfels Brothers, King Construction Company, South Texas Construction, and Smith 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 announced the pending item of Application 9868-1, Jamestown, Inc., for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on Block 1, Stonegate North Subdivision, Unit 1, on which a public hearing was held September 3, 1968. City Manager Townsend read a letter from Mr. Franklin Smith, attorney for the applicant, requesting permission to withdraw the application, stating that it will be re -submitted ata later date. Mr. Richard Hall, attomey representing the residents of the area opposing the request, appeared and stated that in view of the fact that the applicant will submit a new application at a later date, requested that the Council take action at this time and deny the request based on the unfavorable testimony presented at the hearing by the homeowners. He pointed out that the residents had spend their time and money opposing the request, and that they should be spared the time and expense of another public hearing. Mayor Blackmon explained that the applicant has a legal right to withdraw the application and that the Council has no altemative but to accept the request, and stated that the withdrawal would, in effect, be termination by voluntary withdrawal. City Secretary Kring reported that Attorney Franklin Smith was unable to be present today because of a death in his family. Motion by Bradley, seconded by Roberts and passed, Jimenez voting "Nay", that the request of the applicant to withdraw Application 4868-1, Jamestown, Inc., be accepted. Mayor Blackmon announced the pending item of Application #868-2, The Benedictine Fathers of Texas, for change of zoning on property in Block 7, Tracy Addition, on which a public hearing was held September 3, 1968, and called for a motion to dispose of the matter. Minutes Regular Council Meeting September 11, 1968 Page 3 Motion by Lozano, seconded by Sizemore and passed, McDaniel and Sizemore voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #868-2, The Benedictine Fathers of Texas, for:change of zoninerom "AB" Professional Office District to "B-1" Neighborhood Business District, on Lots 1, 2, and 3, Block 7, Tracy Addition, be approved as submitted, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the pending item of Application /868-4, Mir. E. G. Estrada, for change of zoning on property in Block 9, Patrick Webb Addition, on which a public hearing was held September 3, 1968, and called for a motion for the disposition of the item. Motion by Sizemore, seconded by Roberts and passed, with McDaniel and Bradley voting "Nay" that the recommendation of the Planning Commission be concurred in and that Application #868-4, Mr. E. G. Estrada, for change of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District, on Lots 13, 14, 15, and 16, Block 9, Patrick Webb Addition, be approved as submitted, and that an ordinance be brought forward effectuating the change. Mayor Blackmon called for the City Manager's Reports. Motion by McDaniel, seconded by Bradley and passed, that the City Manager's Reports be accepted, and that the requests and recommendations be granted and approved as follows: O. That an appropriation in the amount of $7,386.00, of which amount $7,250.00 is for acquisition of Parcel No. 10 and $136.00 for incidental expenses, in connection with Ocean Drive Street Improvements, be approved, and that real estate sales contract with the owner, Bruce Collins, be authorized; b. That the recommendation of the Traffic Safety Advisory Board be approved as follows: (1) that traffic signals be removed at the intersections of Staples and Craig, Staples and Kinney, and Baldwin and Niagara, (2) that a temporary traffic signal be installed at the intersection of Holly at Weber Road; and (3) that speed limits of 45 mph on Leopard from • Minutes Regular Council Meeting September 11, 1968 Page 4 UpRiver Road crossing to 1,000 feet east of Callicoate Road, and 50 mph from that point to the existing 50 mph at a point 200 feet west of Hereford Road, be established; c. That the plans and specifications for installation of a package -sewage treatment plant and sanitary sewer line along Padre Island Drive near Waldron Road, be approved, and that authority to advertise for bids to be received October 2, 1968, be granted; d. That the authority to advertise for bids on 1600 tons of Rip Rap Stone for Wesley Seale Dam earthen spillway and erosion control, to be opened September 24, 1968, be granted; e. That the franchise of Corpus Christi Municipal Gas Corporation granted by Ordinance No. 6757, dated January 9, 1963, be extended and renewed for a five-year term in accordance with the terms of the franchise; f. That Ordinance No. 3658, and Ordinance No. 8127, be amended.; changing. certain classificat1onskin the classified and unelassified,service,as set out in Ordinance No. 9014 of this date; g. That the authority to initiate eminent domain proceedings against Dr, Franklin W. Yeager and wife Yvonne Yeager, for the acquisition of Parcel No. 42-13 necessary for the Ocean Drive Bayfront Park Site /5, Craig to Alameda Project, be granted, h. That the authority to initiate eminent domain proceedings against Henry G. Tromm, et al, for the acquisition of Parcel No. 41-C necessary for the Ocean Drive Bayfront Park Site #5, Craig to Alameda Project, be granted; i. That the authority to initiate eminent domain proceedings against Hal Lee for the acquisition of Parcel No. 43-A, necessary for the Ocean Drive Bayfront Park Site #5, Craig to Alameda Project, be granted; 1. That the date of Monday, September 30, 1968, 2:00 p.m. Special Meeting, be set for public hearing on six zoning applications. FIRST READING OF AN ORDINANCE GRANTING A FIVE-YEAR EXTENSION TO THE FRANCHISE GRANTED IN ORDINANCE NO. 6757, ENTITLED "AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION THE RIGHT, PRIVILEGE AND FRANCHISE TO CON- STRUCT AND OPERATE GAS PIPES AND MAINS ALONG THE. STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI FOR DISTRIBUTION AND SALE OF NATURAL GAS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS PROVIDED BY THE CHARTER, Minutes Regular Council Meeting September 11, 1968 Page 5 The foregoing ordinance was read for the first time and passed to its second reading 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 ordinance amending the text of the Zoning Ordinance, first reading of which was on September 4, 1968, be amended by adding to Section 30-7 the following provision: "For those applications on which hearings have previously been held by the City Council, the six -months period for final action shall commence upon adoption of this amendment. " SECOND READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTO 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH;' T961, BY AMENDING SECTION 3-1.16 SO AS TO DEFINE "COURT"; AMENDING SECTION 27-3.01,03 50 AS TO PROVIDE DISfAsICES BETWEEN BUILDINGS; AMENDING ARTICLE22 BY AMETZ ING THE TABLE IN SECTION 22-1 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'; AMENDING SECTION 10-5.01 BY ADDING THE PROVISION THAT50% LAND COVERAGE SHALL APPLY TO ONE, TWO AND THREE-STORY BUILDINGS; AMENDING SECTION 11-5.01 BY ADDING THE PROVISION THAT 50% LAND COVERAGE SHALL. APPLY TO ONE, TWO, AND THREE-STORY BUILDINGS; AMENDING SECTION 3-1.36WAMENDING THE DEFINITION OF "HOME OCCUPATION"; AMENDING ARTICLE 26 BY DELETING SECTION 26-3 AND SECTION 26-8 AND SUBSTITUTING A NEW SECTION 26-3; ADDING A NEW SECTION TO ARTICLE 30, 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 APPEALING TO BOARD OF ADJUSTMENT; AMENDING SECTION 33-3.02 SO AS TO REQUIREPAYMENT OF $80 INSTEAD OF $40 WHEN APPLYING FOR ZONING CHANGES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. 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", Mr. Frank Peerman appeared and stated that he, and others, would like to meet in informal discussion with the Council before final reading of the foregoing ordinance, pointing out that developers who are planning townhouses find it very difficult since the present ordinance contains no provision for this type development; that proposals relative to townhouses have been pending far five years; and requested that such an amendment for regulation of townhouses be discussed and possibly included in the ordinance before its third and final reading. Minutes Regular Council Meeting September 11, 1968 Page 6 Mayor Blackmon explained that such an addition to the ordinance at this point would delay action for six to eight weeks. It was agreed by the Council that the third and final reading of the foregoing ordinance would be presented two weeks hence, and that the workshop meeting of the 23rd of September would be opened to Mr. Frank Peerman, Mr. Tom Swantner, and other interested parties at that time, for limited discussion for clarification of legal aspects,and interested parties were requested to submit written comments before that date. ORDINANCE NO. 9013 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING PORTION OF SECTION 21-68, AS AMENDED, SO AS TO FIX SPEED -LIMITS ON PORTION OF STATE HIGHWAY 9, AS SET OUT HEREINAFTER; PROVIDING FOR PUBLICATION; 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 NO. 9014 AMENDING ORDINANCE NO. 3658, AS AMENDED, BY ADDING AND CHANGING CERTAIN CLASSIFICATIONS IN THE CLASSIFIED SERVICE BY AMENDING SECTION 4, THEREOF; AMENDING ORDINANCE NO. 8127, AS AMENDED, BYAMENDING SEC- TION 1, SUBSECTION (B), BY ADDING AND CHANGING CERTAIN POSITIONS IN THE UNCLASSIFIED SERVICE; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; 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. 9015 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $7,386.00, OF WHVCH.AMOUNT $7,250.00 IS FOR THE ACQUISITION OF PARCEL NO. 10 AND $136.00 I5 FOR INCIDENTAL EXPENSE, APPLICABLE TO PROJECT NO. 220-67-97 OCEAN DRIVE. - CRAIG TO ALAMEDA JUNCTION; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH THE OWNERS, BRUCE L. COLLINS AND WIFE LUCILE E. COLLINS, OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". Minutes Regular Council Meeting September 11, 1968 Page 7 ORDINANCE NC*. 9016 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, BEING PARCEL 41-C; IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE OCEAN DRIVE BAYFRONT PARK SITE #5, OCEAN DRIVE - CRAIG TO ALAMEDA, PROJECT NO. 220-67-97, FOR PUBLIC STREET AND OTHER MUNICIPAL PURPOSES, AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY CUT THE INTEN - TIONS OF THIS ORDINANCE; A"JD DECLARING AN EMERGENCY. The Charter Rule we suspended and the foregoing ordinance wgs passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and votine "Aye''. ORDINANCE NO, 9017 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, BEING PARCEL 43=A;"`IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE OCEAN DRIVE BAYFRONT PARK SITE 05, OCEAN DRIVE - CRAIG TO ALAMEDA, PROJECT No. 220- 67-97, FOR PUBLIC STREET AND OTHER MUNICIPAL PURPOSES, AND -BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING -THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vete: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". ORDINANCE NO. 9018 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI, TEXAS, TO CONDEMN FOR PUBLIC STREET AND OTHER MUNICIPAL PURPOSES A CERTAIN PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, BEING PARCEL 42-B, OCEAN DRIVE, CRA IG TO ALAMEDA, PROJECT NO. 220-.67-97; IDENTIFYING THE RECORD TITLE OWNER, DR. FRANKLIN W. YEAGER, AND WIFE, YVONNE, SAID CONDEMNATION BEING NECESSARY FOR THE USE OF THE PUBLIC FOR MUNICIPAL PURPOSES, AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROIICEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; 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 11, 1968 Page 8 ORDINANCE NO. 9019 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 SARATOGA LAND COMPANY, BY AMENDING THEZONING MAP BY CHANGING THE ZONING ON A 1.45 ACRE TRACT OF LAND OUT OF -LOT 9, OSO FARM TRACTS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED HEREINAFTER 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 abstained. ORDINANCE NO, 9020 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 DR. N. H. MORGAN, BY AMENDING THE ZONING' MAP BY CHANGING THE ZONING ON LOTS 33, 34, AND THE NORTH 14 FEET OF LOT"35, BLOCK 812, PORT ARANSAS CLIFFS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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 abstained. ORDINANCE NO. 9021 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 DR. M. L. NORVEL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 11 AND 12, BLOCK 5, DEL MONTE ADDITION, AN ADDITION TO 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 abstained. There being no further business to come before the Council, the meeting was adjoumed.