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HomeMy WebLinkAboutMinutes City Council - 12/18/1968PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 18, 1968 2:00 P.M. 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 Leroy Russell of St. Luke's Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of December 11, 1968, were approved as presented to the Council. Mayor Blackmon recognized the Student Council of W. B. Ray High School, and their Sponsor, Miss Oneta Cummings, and read and presented Certificates of Attendance to the following students: Janet Rodgers, Debbie Blackmon, Charla Long, Jerry McFarlen, Carol Kincaid, and Drusilla Harrison. Mr. Ray Hargis, representing the Corpus Christi Chamber of Commerce, presented the Mayor and Council with an invitation to attend the 15th Annual New Year's Day Swim, to be held January 1 beginning at 9:00 a.m. at the Million Dollar Inn. Mayor Blackmon announced the nomination of the following persons for appointments to the Municipal Industrial Commission: J. R. Heldenfels, Byrd Harris, R. N. Conolly, John Crutchfield, McIver Furman, M.D., A. L. Lacey, and M. T. Arnold. Motion by Bradley, seconded by Lozano and passed, that the foregoing nominations for appointments to the Municipal Industrial Commission be approved and confirmed. Mayor Blackmon announced the receipt of Tenders for the redemption of First Mortgage Waterworks Revenue Bonds. • • Minutes Regular Council Meeting December 18, 1968 Page 2 Tenders were opened and read by Mr. Walter Young, Trust Officer, Corpus Christi State National Bank, from the following firms: Citizens State Bank of Corpus Christi; Texas National Bank of Commerce of Houston; Southland Life Insurance Company of Dallas; Citizens National Bank of Baytown, Texas; City of Corpus Christi; Main Bank and Trust Company of San Antonio; Bay City Bank and Trust Company of Bay City, Texas; Hartford Accident and Indemnity Company of Hartford, Connecticut; United Benefit Life Insurance Company of Omaha, Nebraska; Mercantile National Bank of Dallas, Texas; Centennial Insurance Company of New York; Atlantic Mutual Insurance Company of New York; Mutual of Omaha Insurance Company of Omaha, Nebraska; and Great Southern Life insurance Com- pany of Houston. (Bid Tabulation #58-68) The foregoing tenders were received and referred to Director of Finance Harold Zick and Fiscal Advisor M. E. Allison, for tabulation and report. Mayor Blackmon announced the pending item of Zoning Application #1168-1, Fleet Reserve Association, for change of zoning from "A-1" and "R -1B" to "AB" on Lots 1 through 6 and Lots 20 through 25, Block 5, Flour Bluff Heights, on which a public hearing was opened on December 11, 1968, and recessed for the purpose of resolving the technicality of an error in the notice to property owners. City Manager Townsend stated that no further communications had been received relative to the foregoing request. No one appeared in favor or in opposition. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the recommendation of the Staff be concurred in and that Application #1168-1, Fleet Reserve Association, for change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Lots 1 through 6 and Lots 20 through 25, Block 5, Flour Blyff Heights, be denied, but in lieu thereof, a Special Permit subject to a site plan and relocating of utility easement, be granted, and that an ordinance be brought forward effectuating the Special Permit. • • Minutes Regular Council Meeting December 18, 1968 Page 3 City Manager Townsend presented the pending item of Application #1168-4, E. C. Peterson, Trustee, for change of zoning on Lot A, Edwin Farm Lots, on which a public hearing was held December 11, 1968. Motion by Roberts, seconded by Lozano and passed, that Application #1168-4, Mr. E. C. Peterson, Trustee, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot A, Edwin Farm Lots, be approved, subject to the filing of a re -plat providing access roads and drainage facilities, to be approved by the Council, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented the pending item of Application #1068-9, Annalie Peaster, et al for a change of zoning on a portion of Lots 11 and 12, Block 3, Arcadia Subdivision, on which a public hearing was held December 11, 1968. Motion by Bradley, seconded by Jimenez and passed that Application #1068-9. Annalie Peaster, et al, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the Easterly portions of Lots 11 and 12, Block 3, Arcadia Subdivision, be granted, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented the pending item of Application #166-9, W. O. Kusel, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Wilson Terrace Annex, on which a public hearing was held February 22, 1966, and at which time "AB" zoning was granted subject to the construction of a solid wood fence being erected between the church property and residential property. Mr. Townsend explained that the Staff had inspected this property on December 6, and found that the fence has been constructed, and recommended that an ordinance be brought forward granting "AB" zoning. Motion by Roberts, seconded by Bradley and passed, that the recommendation of the Staff be concurred in and that "AB" zoning be granted on Lot 1, Wilson Terrace Annex, and that an ordinance be brought forward effectuating the change. • • Minutes Regular Council Meeting December 18, 1968 Page 4 City Manager Townsend presented the pending item of Application #566-7, Stanley -Orion, Inc., for change of zoning on Lots 1, 2, 3, and 4, Warnecke Subdivision, on which a public hearing was held June 22, 1966. Mr. Townsendexplained that the Council in 1966, had concurred in the recommendation of the Planning Commission to deny the request and in lieu grant a Special Council Permit for storage space and to allow for expansion of its office for an engineering department subject to conditions that the permit be effective until December 31, 1970; subject to an approved site plan including complete screening of the area with plant and screen along the front side on Viola Street, and a solid wood fence erected along the back side and down the southeast line. He stated that these conditions have not been complied with, and that the Staff had recently inspected the property and found that the applicant has vacated the property, and that it is their recommen- dation at this time that the request be denied. Motion by McDaniel, seconded by Sizemore and passed, that the recommendation of the Staff be concurred in and that Application #566-7, Stanley -Orion, Inc., for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on Lots 1, 2, 3, and 4, Warnecke Subdivision, be denied. City Manager Townsend presented the pending item of Application #568-4, Mr. Frank Peerman, for change of zoning on a 36 -acre tract in Section 17, Flour Bluff and Encinal Farm and Garden Tracts, on which a public hearing was held July 8, 1968. He explained that on November 13, 1968, the Council granted a Special Permit for con- struction of multiple -family structures with a density no greater than that allowed in the "R -1B" One -family Dwelling District, subject to an approved plat providing fora density of one unit per each 6000' of area. He stated that the details of the special permit have been resolved and all conditions have been met i.e., providing for no appeal to the Board of Adjustment; that the site plan is the one reviewed and approved by the Council; that no opposition has been received since the petition; and it is the recommendation of theStaff that an ordinance be brought forward effectuating the Special Permit. • • Minutes Regular Council Meeting December 18, 1968 Page 5 Motion by Roberts, seconded by Bradley and passed, with Jimenez voting "Nay", that the recommendation of the Planning Commission and the Staff be concurred in and. that Application #568-4, Frank Peerman, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lots 12, 13, 14 and 15, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, be denied, but in lieu thereof, a Special Council Permit for construction of multiple -family structures with a density no greater than that allowed in "R -1B" One -family Dwelling District, be granted, and that an ordinance be brought forward effectuating the Special Permit on the condition that the Special Permit be subject to an approved site plan. (See Ordinance No. 9166) Mayor Blackmon announced the public hearing on the request to close the 40 -foot roadway located adjacent to the common boundary between Lots 14 through 21 and 6 through 13A, Section 17, and also the roadway adjacent to the common boundary between Lots 5 and 6, Section 17, Flour Bluff and Encinal Farm and Garden Tracts. City Manager Townsend explained that the request had been made by Mr. Ted Anderson; that the applicant had complied with all requirements; that the affected City Departments had been consulted, and that no opposition had been interposed providing the present easements for existing utilities be retained; stated that the Public Works Department had recommended that the portion of the roadway from Ennis Joslin Road to Cayo del Oso be retained as a street or drainage to the Oso when Ennis Joslin Road is improved; stated that the Utilities Department had recommended that the 10' utility ease- ment along a common line between Lots 13 and 14, and 12 and 15, to complete a 6" tie, be retained, and that it is his recommendation that the roadways be closed as requested, subject to these conditions. No one appeared in opposition to the foregoing request. Motion by Roberts, seconded by Bradley and passed that the hearing be closed. Mayor Blackmon stated that he would recommend that the foregoing matter be tabled for further consideration at workshop in connection with the inadequacy of the filing fee in such cases. • • Minutes Regular Council Meeting December 18, 1968 Page 6 Motion by McDaniel, seconded by Lozano and passed, that the request for the closing of the 40 -foot roadway be tabled. Mayor Blackmon announced the public hearing on Application #1268-9, Joe D. Moore, for change of zoning with Special Permit for apartment complex, on a 5.56 -acre tract out of Block "A -R" Carroll Place Addition, Unit 5. Senior City Planner Larry Wenger presented the request, described the zoning of the surrounding territory on the zoning and land use map, stating that the property is located at 3825 Montego Drive and presently has dual zoning. He explained that the application was for the revision of a Special Permit granted to the applicant in February, 1968, for an apartment project; that at that time the applicant pointed out that the development would be in two stages; that the site plan was prepared by a local architect, but that when presented to the Mortgage Company, he was unable to secure a loan; that he then employed another architect from San Antonio to prepare a new site plan which was approved as revised; that he had obtained a$850,000 loan and that construction on the first phase is 75 percent complete. Mr. Wenger explained that since that time, Mr. Moore has presented another site plan for the second phase which is different from the . original one with rearrangement of buildings and parking areas, and therefore was unable to obtain a building permit. He stated the new site plan is 43 parking spaces short of parking requirements, but that provision has been made for parallel parking on both sides of the street with no traffic congestion. He stated that no one had appeared at the Commission hearing, held on December 17, 1968, in opposition; that it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof a Special Permit be approved according to Site Plan "C", which was submitted to the Commission and that the Staff had concurred in this recommendation with a site plan to be approved by the Planning Staff. Mr. Jack Ryan spoke on behalf of four property owners in Carroll Place, and stated that they were in favor of this request and felt it would be an improvement to the area. • its Minutes Regular Council Meeting December 18, 1968 Page 7 Mr. Joe Moore, applicant, stated that the original plan was a preliminary plan in a restricted sense which had to be worked out in order for him to obtain financial backing, and explained the revised site plan, stating that it was only a re -arrangement of the buildings and parking areas. He further stated that on the preliminary plan the stairways of the apartment buildings would extend outside the building lines, and that the parking spaces were against the buildings; that he proposes to build a 40' side street around the entire project which would provide additional parking spaces if needed, and that the 2-1/2 parking ratio requirement is adequately provided for in the revised plan. He stated that the property owners in the community are in favor of the development; that the loan company will finance the project, and that he plans to start construction within a month. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Jimenez and passed, that Application 01268-9, Joe D.. Moore, for change of zoning from "R -1B" One -family Dwelling District with Special Permit for apartment complex, to "A-1" Apartment House District, on a 5.56 -acre tract out of Block "A -R" Carroll Place Addition, Unit 5, located at 3825 Montego Drive, be denied, but in lieu thereof, a Special Permit be granted to allow the applicant to amend his previous site plan and file Site Plan designated as Plan "C", and that an ordinance be brought forward effectuating the Special. Permit. City Manager Townsend presented the pending item of Zoning Application #868-11, Abe Block, for change of zoning on Lots 16 and 17, Block 2, and Lots 19 through 27, Block 1, Los Angeles Hills, on which a public hearing was heldSeptember16, 1968. Mr. Townsend stated that his recommendation would be one of two alternatives, to either accept the recommendation of the Planning Commission, or, if the neighborhood is sub- standard, to instruct the Staff to bring forward further actions which would assist in making this area a standard residential neighborhood. • Minutes Regular Council Meeting December 18, 1968 Page 8 Motion by Bradley, seconded by Lozano and passed, that "R -1B" One -family Dwelling District be granted on Lots 16 and 17, Block 2, Lots 19 through 27, Block 1, Los Angeles Hills, in lieu of "A-2" Apartment House District as requested by Mr. Abe Block in Application 0868-11, and that an ordinance be brought forward effectuating the change and that the Staff be instructed to prepare a study and recommendation which would make the area in question a standard residential neighborhood. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Jimenez and passed, that the City Manager's reports be accepted, and that the requests and recommendations be granted and approved as follows: a. That the award of contract for 55, 100 feet of PVC Plastic Pipe and approximately 1,680 PVC fittings be made to Can -Tex Industries, Inc., of Mineral Wells, Texas, on the basis of their low bid meeting specifications in the amount of $6,255.59; (Bid Tabulation 059-68) b. That the authority to re -advertise for one truck body for the Water Division with bids to be received on December 31, 1968, be granted; c. That the date of January 22, 1969, at 3:00 p.m. be set for a public hearing on four zoning cases, including applications of Roy Smith and Ennis Joslin for "R -1B" to "B-5" at Padre Island Drive and Holmes Drive; Dr. James E. Tempesta, "R -1B" to "B-1" at Kostoryz and Johanna; Crocker Transfer and Storage Inc., "B-1" to"B-4"at Brownlee Boulevard near McKenzie Street; and Saratoga Land Company, for "R -1B" to "A-1" at Saratoga Boulevard and Shea Parkway; d. That the authority to advertise for bids to be received January 15, 1969, for the Hilltop Interceptor Sewer Line 34-A, Section II, be granted; e. That the authority to re -acquire 1.23 acres of land adjacent to the Central Service Center site from Mr. L. H. Heinaman, at the price which Mr. Heinaman paid for the property in 1967 to settle a boundary line dispute, plus 6% interest, be granted; f. That the authority to advertise for bids to be received on January 22, 1969, on the Marina Electrical Improvements, be granted; • • Minutes Regular Council Meeting December 18, 1968 Page 9 g. That the authority to make available to the District Attorney's Office, a police investigator, to be responsible to a commander within the Police Department with the City reserving the right to transfer the assigned officer in and out as indicated, and with deroi rc be worked out with the Distri-2 n_ttorn.ey, be ranted. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN OIL AND GAS LEASE ON 130.268 ACRES OF LAND IN SEVENTY-EIGHT (78) TRACTS LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH KELLY BELL, FOR A ONE-YEAR PERIOD, BEGINNING DECEMBER 4, 1968, FOR A CASH BONUS TO BE PAID IN ADVANCE, IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, ALL AS MORE FULLY SET OUT IN THE LEASE 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 NO. 9165 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 W. O. KUSEL, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, WILSON TERRACE ANNEX, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - 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, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9166 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 TIMETOTIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FRANK PEERMAN, BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION OF MULTIPLE -FAMILY STRUCTURES WITH A DENSITY NO GREATER THAN THAT ALLOWED IN R -1B" ONE -FAMILY DWELLING DIS- TRICT, SITUATED ON LOTS 12, 13, 14, AND 15, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS, AS MORE FULLY DESCRIBED IN THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; SUBJECT TO THE CONDITIONS SET FORTH HEREIN- AFTER; 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 December 18, 1968 Page 10 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"; Jiminez voting "Nay". ORDINANCE NO. 91A7 CLOSING THE ALLEY ALONG THE REAR OF LOTS 4 AND BLOCK 5, SUNSET PLACE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, 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". ORDINANCE NO. 9168 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE THE TRACT OF LAND CONTAINING 1.23 ACRES, OUT OF LOT 6, SECTION 3, BOHEMIAN COLONY LANDS, HERETOFORE CONVEYED BY THE CITY TO L. H. HEINAMAN; AUTHORIZING TnE PAYMENT OF $2,725.98 FOR THE ACQUISITION OF THE AFORESAID TRACT PLUS TAXES PAID BY THE GRANTOR AND OTHER COSTS OF CONVEYANCE OUT OF FUNDS PREVIOUSLY APPROPRIATED AND HEREBY REAPPROPRIATED; 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". City Manager Townsend mentioned the drilling of a well in the built-up portion of the City in accordinance with regulations governing such wells. Mayor Blackmon announced the meeting would recess for a brief period pending a report from Director of Finance and Fiscal Agent M. E. Allison relative to tabulation of tenders for redemption of First Mortgage Waterworks Revenue Bonds received earlier in the meeting. Mayor Blackmon reconvened the meeting at 4:00 p.m. City Manager Townsend reported that a tabulation and study had been conducted of the tenders received for redemption of First Mortgage Waterworks Revenue Bonds, and that it had been concluded that the ten bond holders making proposals were not in line Minutes Regular Council Meeting December 18, 1968 Page 11 with expectations, and not advantageous to the City, and that it was the recommendation that all tenders received, including the City's bid to itself, be rejected, and that the authority to negotiate with tenders be granted. Motion by Sizemore, seconded by McDaniel and passed, that the City Manager be authorized to reject all bids received and negotiations with tenders be authorized. There being no further business to come before the Council, the meeting was adjourned.