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HomeMy WebLinkAboutMinutes City Council - 01/08/19691111111111117,.. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 8, 1969 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts • City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend David M. Currie, Pastor of First Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meetings of December 23 and December 30, 1968, were approved as furnished to the Council. Mayor Blackmon recognized the Student Council representatives from Ella Barnes Junior High School and presented Certificates of Attendance to Jessie Gatica, Victor Alegria, Yolanda DeSantos, Danny Lopez, and Tony Robles, who were present with their sponsor, Mrs. Cappi Asencio. Mayor Blackmon read a Certificate of Commendation to be mailed to Sergeant R. B. Torres, U. S. Army, who has been serving in Viet Nam and -is home on leave and is returning to Viet Nam. Mayor Blackmon recognized Mr. Wallace D. Beasley, Executive Director of Texas Commission on Law Enforcement Officer Standards and Education, who presented a plaque to the Mayor certifying that the local police academy has met the commission standards. Mayor Blackmon in turn presented the plaque to Police Chief R. T. Runyan. Mr. Beasley also presented Chief Runyan with an Advance Certificate certifying that he has had some 1200 hours of police. training. • Minutes Regular Council Meeting January 8, 1969 Page 2 Mayor Blackmon read a 20 -year service citation for Eusebio R. Lopez, a member of the: Fire Department. Mr. Lopez was not present and will be invited to the next Council meeting to receive the recognition. Mayor Blackmon read and presented proclamations relative to the following: AMELIA EARHART DAY, in honor of Zonta International Club establishing an annual grant to further young women engineers in the field of aeronautics, urging all citizens to remember the sacrifice which Amelia Earhart so bravely encountered, received by Mrs. Howard Land; SUICIDE. PREVENTION MONTH, proclaiming the month of January urging all citizens to join Suicide Prevention Inc. in their endeavor to preserve human life, received by Robert Kasper, Second Vice President of Suicide Prevention, Inc. Mayor Blackmon called for the opening of bids. Bids were opened and read for the street improvements for Osage Street, Highland Avenue, Port Avenue and Morgan Street Intersections, Sidewalks on McMullen Road, Navigation Boulevard and Cliff Maus Drive, from the following firms: King Construction Company, Heldenfels Brothers, 8 & E Construction, M & M Construction Company, South Texas Construction Company, 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. City Manager Townsend requested that the pending item of Southwestern Refining Company in the Hillcrest area be considered at this time. Michael Kendrick, attorney for the applicant, stated that the rezoning is needed for future office expansion. He gave background zoning on the land involved and explained why the changeshad been requested. He presented photographs of the area to indicate the present development, Mayor Blackmon stated that this information would be considered at a future workshop meeting. City Manager Townsend presented pending Zoning Application #167-9, Edgar Linkenhoger, Driscoll Village Subdivision 02, Lots 1 and 3, Block 1, replated as Lot 1-R. He stated that when the City Council approved zoning for the property, they did so with a • II) Minutes Regular Council Meeting January 8, 1969 Page 3 condition that the property have a landscaping screen to separate it from adjacent residential improvements. There is no effective way to accomplish this in the zoning ordinance without a special council permit. A special council permit is not acceptable to the applicant because it apparently is not acceptable to the Federal Government. Hence, Mr. Townsend recommended that the zoning be approved conditioned upon the building permit and the issuance of a certificate of occupancy upon the satisfactory completion of the landscaping as well as the building construction. Mayor Blackmon stated that the approval of this application would be considered as part of the City Manager's Reports. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Sizemore and passed, that the City Manager's Reports be accepted, and that the requests and recommendations be granted and approved as follows; including the Edgar Linkenhoger request: a. That the bid award on a truck body for the Water Division be made to Commercial Body Corporation, the low bidder, for $2,310; (Bid Tabulation #1-69) b. That Lots 5 and 6, Block 1, Sunnyside Addition, which the City acquired in a tax sale, be sold back to Bert N. Askey, the present occupant, for $2, 129.88, the amount of back taxes for 1948 to 1968; (Ordinance No. 9195) c. That the paving assessment for Everhart Road along the NAS railroad tracks be waived, as the U. 5, Government has paid the full cost of track lowering which was in excess of $12,000; d. That the City accept responsibility for the collection of the paving assessment against the property owned by Dr. De La Garza on North Staples, because of it being a business homestead; e. That $100,000 be appropriated from the Park Bond Fund for the improvements of Cole Park to reimburse the Park Division for work being done through the use of City forces, hired equipment, dirt haulers, and other costs; (Ordinance No. 9193) f. That the compensation plan be amended to provide for all City employees to be paid sick leave up to a maximum of 90 days upon retirement or death; (Ordinance No. 9194) g. That $84,878, be appropriated for the purchase of Traffic Signal Equipment and the installation costs at 17 intersections; • Minutes Regular Council Meeting January 8, 1969 Page 4 • • h. That a contract with Bobby Braselton in the amount of $361,950, be authorized, and change order No. 1 be approved in the amount of $28,055 fora net project cost of $333,895, subject to concurrence by HUD and receipt of the necessary resolutions from the various cofporations guaranteeing the local share for this project; i. That a contract be entered into with Black and Veatch for the Water Rate Study at a cost not to exceed $30,000 and that an appropriat ion be made from the General Fund; j. That a contract be executed for the installation of twelve street lights in Schanen Estates. The subdivider has deposited $972 to cover the cost for three years, but will be reimbursed for the remaining months of the period after 50% development occurs. ORDINANCE NO. 9188 AMENDING ORDINANCE NO. 8995, SO AS TO INCLUDE IN SECTION 1 THEREOF A MORE PARTICULAR DESCRIPTION OF THAT 10 -FOOT STRIP OF SOUTH STAPLES STREET INTENDED TO BE ABANDONED BY SAID 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". ORDINANCE NO. 9189 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 EDGAR M. LINKENHOGER, TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1-R & 3, BLOCK 1, DRISCOLL VILLAGE SUBDIVISION #2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEP- ING 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. 9190 CLOSING THAT PORTION OF THE ALLEY RUNNING APPROXIMATELY NORTH AND SOUTH IN BLOCK 903, BETWEEN LOTS 7 TO 16 AND LOTS 49 AND 58, FITCHUE PLACE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH THE PROVISION THAT THE HERETOFORE EXISTING ALLEYWAY RIGHT OF WAY BE RETAINED AS A UTILITY EASEMENT UNLESS A SUBSTITUTE LOCATION BE ESTABLISHED AND THE RELOCATION OF EXISTING INSTALLATIONS BE ACCOMPLISHED AT THE EXPENSE OF THE PROPERTY OWNER; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting January 8, 1969 Page 5 • 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, 9191 ABANDONING THE EXISTING EASEMENTS BETWEEN LOTS 20 AND 23 AND LOTS 3 AND 4, AND BETWEEN LOTS 20 THROUGH 22 AND LOTS 4 THROUGH 6, ALL IN BLOCK 5, FLOUR BLUFF HEIGHTS, UPON DELIVERY TO THE CITY OF A 10 -FOOT UTILITY EASEMENT, EXTENDING FROM VALERIE STREET TO JESTER STREET, AND BEING LOCATED ALONG THE EAST SIDE OF LOTS 6 AND 20, BLOCK 5, FLOUR BLUFF HEIGHTS, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WHICH NEW EASEMENT IS HEREBY ACCEPTED BY THE CITY; AND DECLARING AN EMER- GENCY. 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. 9192 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $84,878, OF WHICH AMOUNT $38,364 IS APPLICABLE TO PROJECT NO. 220-64-65.6, AND $14,484 IS APPLICABLE TO PROJECT NO. 220-64-65.7, AND $32,030 IS APPLICABLE TO PRO- JECT NO. 220-67-88.1; AUTHORIZING REIMBURSEMENT TO THE GENERAL FUND 102 OF THE HEREINABOVE DESCRIBED FUNDS; 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. 9193 APPROPRIATING AND REAPPROPRIATING THE SUM OF $100,000 OUT OF NO. 291 PARK BOND FUND FOR PROJECT NO. 291-67-6, TO REIMBURSE THE NO. 102 GENERAL FUND FOR EXPENDITURES ALREADY MADE FROM THE GENERAL FUND, IN THE AMOUNT OF $45,552, FOR IMPROVEMENT OF COLE PARK, AND TO PAY FOR ADDITIONAL EXPENDITURES FOR THE IMPROVEMENT OF COLE PARK, PROJECT NO. 291-67-6; 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". to Minutes Regular Council Meeting January 8, 1969 Page 6 ORDINANCE NO. 9194 • AMENDING SUBSECTION (b) OF SECTION 10 OF ORDINANCE NO. 8127, GENERALLY REFERRED TO AS THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF CORPUS CHRISTI, SO AS TO PROVIDE FOR PAYMENT OF SICK LEAVE UPON TERMINA- TION BY RETIREMENT, DISABILITY OR DEATH FOR ACCUMULATED SICK LEAVE UP TO NINETY (90) DAYS; PROVIDING A SAVINGS CLAUSE; 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. 9195 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO CONVEY TO BERT N. ASKEY, UPON PAYMENT OF CASH CONSIDIERATION OF $2,129.88 TO THE CITY OF CORPUS CHRISTI, THAT PRO- PERTY DESCRIBED AS LOTS 5 AND 6, BLOCK 1, SUNNYSIDE ADDITION, 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. 9196 APPROPRIATING AND REAPPROPRIATING THE SUM OF $30,000 OUT OF GENERAL FUND NO. 102, AND AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONTRACT FOR ENGINEERING SERVICES PROPOSED BY BLACK & VEATCH, CONSULTING ENGINEERS, OF KANSAS CITY, MISSOURI, IN ACCORDANCE WITH THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; 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". The meeting was recessed at 2:55 p.m. Mayor Blackmon reconvened the meeting at 3:05 p.m., stated the purposed of the meeting was to hold public hearings on two zoning applications, and explained the pro- cedure to be followed. Mayor Blackmon announced the public hearing on Application 01168-5, John Tucker's Custom Homes, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District on a 5.5 acre tract of land out of Lot 4, Byron Willis Subdivision, lying East of Carroll Woods, Unit 03, Block 9. • • Minutes Regular Council Meeting January 8, 1969 Page 7 • Senior City Planner Larry Wenger presented the application; pointed out the zoning classifications in the surrounding area on the land use map. He explained that the premises is presently a vacant lot surrounded by a drainage ditch on one side and single family residences on the other sides. He stated that at the Commission hearing held on November 26, 1968, Mr. John Tucker, the applicant appeared and stated he believed that duplex housing was the best suited for this tract of land because of the odd shape of the tract. He presented a site plan of the proposed development. Mr. Robert Holsclaw, Mr. George Mauzy, Mr. R. S. Garza, Mr. Dan Funderberg, all spoke in opposition to the change in zoning; and six others spoke concurring with the previous speakers. Mr. Wenger stated that the Staff mailed 49 notices, none received in favor and 34 received in opposition;. that it was the recommendation of the Planning Commission and Planning Staff thatthe application be denied on the basis that this area is strictly single-family residential in character; the streets in this area are designed for single-family dwellings; and a high density use would not be compatible with the neighbor- hood. Mr. Wenger also stated that a petition presented at the Commission hearing had been returned so that it might be represented to the Council. The applicant's representative had not arrived, so Mayor Blackmon announced that the second zoning application would be heard, then return to the first application. Mayor Blackmon announced the public hearing on Application 01168-6, O. W. Carlo;:,k, for change of zoning from "1-2" Light Industrial District to "1-3" Heavy Industrial District on a 25.4 acre tract of land known as H. J. Till Tract, and a 17.8 acre tract of land known as Anton Ocker Tract, both tracts being out of Section 8, Range V of the H. L. Kinney Sectionized Land of the Villareal Grant. Larry Wenger presented the application; pointed out the zoning classifications in the surrounding area on the land use map as being mostly farm land with some business on Leopard Street and Southern Minerals Road and the nearest residential section some 8/10 of a mile away. He stated that at the Commission hearing held on November 26, 1968, Mr. Carlock, the applicant, appeared before the Commission and stated that he had submitted a site plan to the Planning Department for the construction of an automotive speedway which will be open from 7:00 p.m. to 11:00 p.m. on Saturday nights, and stated that adequate parking spaces • • Minutes Regular Council Meeting January 8, 1969 Page 8 would be provided on the property. Mr. Ramiro Escobar, Mrs. J. T. Herrera, Mr. Manuel Cortez, Mrs. Norman Pinson, Mr. Joe Hernandez, Mr. Tomas Bosquez, all spoke in opposition to the change in zoning. Mrs. 0. W. Carlock and son, Jimmy Carlock, spoke in favor. Mr. Wenger reported that the Staff mailed three notices, none received in favor, none in opposition. The recommendation of the Planning Commission is that the application for "1-3" be denied, but in lieu thereof a Special Permit be approved for an automotive speedway subject to a site plan to be approved by the Staff and a proper plat; the Staff's recommendation is that the application be approved as requested. Mr. 0. W. Carlock, the applicant, appeared before the Council and presented a site plan for the proposed automotive race track. Mayor Pro Tem Sizemore questioned Mr. Carlock about landscaping and was advised that plans were not complete as yet. . . Mr. Roberts questioned the width of the tract of land as to placement of the track and also access roads and was advised that the track would take only a small portion of the land and through access roads would be provided from Leopard Street to Sedwick Road. Michael Kendrick, attorney, appeared representing owners of the land across Sedwick Road from the proposed speedway. He stated that his question pertained to the complete plan for the track with landscaping. He explained that he had driven by the speedway formerly occupied by the zoning applicant, and found it to be an eyesore with junked cars, parts, etc. surrounding the area. He stated that this type of business was not needed in the proposed area. Mr. Tomas Bosquez, 1326 Main Drive, presented a petition from the neighborhood residents who are in opposition. Mrs. J. T. Herrera, 1321 Main Drive, also spoke in opposition to the zoning change. Mr. Carlock explained that the reason why junk cars and parts are found at the previous location is that a wrecking yard is located nearby. He stated that he had let the lease go because the junk or wrecking yard had taken so much room that he felt he needed a larger area. Minutes Regular Council Meeting January 8, 1969 Page 9 Mr. Arturo Martinez, 1206-1/2 Main Drive, stated that he was opposed to the change in zoning because of the neighborhood nearby. Motion by Bradley, seconded and passed, that the hearing be closed. Motion by McDaniel, seconded by Lozano and passed, that the foregoing application be tabled for further consideration, and to accept the offer of Mr. Kendrick to provide photographs of the area. Mayor Blackmon stated that Mr. Ted Anderson, attorney for John Tucker's Custom Homes, had arrived and the hearing for zoning change would be held. Mr. Ted Anderson appeared before the Council, speaking as attorney for the applicant, John Tucker's Cusfom Homes, as well as the landowner, Magee Development Company, and stated that with the tract of land being an odd shape, it is unsuitable for single-family dwellings. It faces a CPL main thoroughfare highline which has penalized the lots so that FHA will not approved them. The land will be relegated to low-priced homes if used for single family dwellings. He stated that discussionis under way to widen the Holly Road entrances, making it adaptable for high-rise or two apartments, church use, private school use; or construction of duplexes would be practical and feasible for the property. He stated that Mr. Tucker had tried to show the plans of the proposed homes at the Commission hearing so the members would realize that the homes are in the $30,000 to $40,000 range in price; believed the people in the area were not fully advised as to the development, but did not know who was informing them; and that this is the best use for this property. Mr. Richard Hall, attorney, spoke in behalf of the homeowners and residents in the area. He referred to a 1950 Supreme Court case decision, Weaver versus Mann, involving a similar situation. He presented a 1964 plat of this particular trach which was then zoned for single-family lots. He stated that if there was a public need for this change in zoning, more people would be speaking in favor of the proposal instead of against it. He presented a petition with approximately 750 names of homeowners and residents opposing the change in zoning, and also a resolution from the Yeager Elementary School Parent-Teacher Association stating their opposition because of the overcrowded school, additional density • • Minutes Regular Council Meeting January 8, 1969 Page 10 in the area, and additional traffic congestion. Mr. Hall also presented several posters with pictures of the type of homes in the area. He stated that there is no apparent economic reason for utilizing this area for duplexes. The question is not whether economics are feasible where the applicant is concerned, but whether or not the proposed use of the property is necessary for the public good. Mr. Robert Holsclaw, 5610 Dominica, introduced himself as the person who had started all the opposition in this area. He stated that he had bought his home with the assurance that the area would be single-family dwellings only. Mr. Thomas McDowell, 5618 Dominica, stated that he was not speaking in an official capacity, but only as a private citizen for himself and his wife, and no one else, opposing the change in the tract located behind his home. He presented a preliminary map of the tract which is the last map having been filed. He stated that the Carroll Woods area had been zoned for single-family residences, which included the particular tract involved and the zoning had not been changed. He stated that there is enough commercially zoned land in a square mile of this area to amply cover the area needed for multiple dwellings. Mr. Howard L. Schaeffer, 4313 Philippine Drive, stated that when he bought his home he was told by the developer that the area behind his property would probably be single-family dwellings or possibly a park. He does not want any multiple dwellings. Mr. R. S. Garza, 4325 Philippine Drive, stated that Holly Road is very narrow, from 20' to 22' wide in places. It is a collector street and supposed to be 45' wide. There are no plans or bond issues proposed to improve this street. Yet it is an oasis surrounded by apartments. A traffic counter shows that 1500 cars traveled by his home in one day. He definitely does not want the zoning change with an increase in traffic. City Manager Townsend explained that Philippine Drive and Bonner Drive were the same street, but in different subdivisions. He stated that Weber Road is scheduled for improvements which will help solve some of the drainage problems. change. Approximately 55 persons present were in opposition to the zoning/ Mr. Robert E. Jones, 5610 Martinique, requested that his name be recorded in opposition. • • Minutes Regular Council Meeting January 8, 1969 Page 11 • Motion by Sizemore, seconded and passed, that the hearing be closed. Motion by Jimenez, seconded by Roberts and passed, that Application #1168-5, John Tucker Custom Homes, for change of zoning from "R -1B" One -family Dwelling District, to "R-2" Two-family Dwelling District, on a 5,5 acre tract of land out of Lot 4, Byron Willis Subdivision, lying East of Carroll Woods, Unit #4, Block 9, be denied. There being no further business to come before the Council, the meeting was adjourned.