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HomeMy WebLinkAboutMinutes City Council - 01/22/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 22, 1969 2:OO 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 1. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Rt. Rev. Msgr. M. J. Adams of St. Pius X Catholic Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of January 15, 1969, were approved as presented to the Council. Mayor Blackmon announced the opening of bids. Bids were opened and read on the Electrical System for the Marina from the following firms: Mathieu Electric Co., Inc.; Louden Electric Company; Scott Electric Company; Electric Construction Company; Fairbairn Electric Company; and Eastham -Orr Inc. 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 recognized and welcomed members of the Student Council of the Tom Browne Junior High School, and their Sponsor, Mrs. Margery Pack, and read and presented Certificates of Attendance to Talmage Boston, Larry Wheeler, Bill Transier, Le Ann Hanna, David Anderson, and Dennis Logan. Mayor Balckmon called for the City Manager's Reports. Motion by Sizemore, seconded by Lozano and passed, that the City Manager's Reports be accepted, and that the requests and recommendations be granted and approved as follows: Minutes Regular Council Meeting January 22, 1969 Page 2 a. That a contract be awarded to T. H. Lee, the low bidder, for $190,921 .41 for Hilltop Interceptor Sewer Line 34-A, Section II, subject to approval of the Texas State Department of Health and Federal Water Pollution Control Administration, and that an appropriation in the amount of $200,000, including $9,079.59 for contingencies be authorized; b. That the City Manager be authorized to employ Urban Engineering for services in connection with furnishing preliminary surveys required for design of street improvements in the Molina Area, known as the Neighborhood Improvement Program, and that an appro- priation in the amount of $3,500 to cover cost, be authorized; c. That the Compensation Plan be amended to provide for the method of scheduling vacations for firemen and to provide the same sick leave benefits for firemen and policemen as other City Employees; d. That an appropriation in the amount of $950 for Judgment Award, Special Commissioners' fees, appraisal testimony, court costs and title expense applicable to Cause No. 599, Parcel No. 1, owned by Arthur H. Karp and Wayne Lundquist, in con- nection with Utility Relocation, South Padre. Island Drive-Kostoryz to Larcade, Project No. 220-67-101, be approved. Mayor Blackmon announced the pending zoning case 0965-2, Ruben Castro, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on Lot 20, Block 2, Baldwin Park Addition, located on the Southeasterly right of way line of Prescott Street, on which a public hearing was held October 13, 1965. City Manager Townsend stated this case was one which was overlooked in the previous submission of old cases; that "AB" zoning was denied, but in lieu thereof a special permit was granted for a kindergarten subject to the applicant being notified to remove the sign and to comply with the recommendation for off-street parking; that the property is on Prescott Street two lots from Sonora Street; that the Staff has been unable to contact Mr. Castro, but has talked to the occupant of the property; that the occupant is in the process of purchasing the property and continues to live there; that they do not Minutes. Regular Council Meeting January 22, 1969 Page 3 desire to have the property rezoned. Mr. Townsend stated that because of the age of this application and the inability to obtain any definite information about the proposed use or obtain a site plan, it is recommended that the case be terminated by denial. Motion by Sizemore, seconded by Lozano and passed, that the recommendation of the City Manager be concurred in and that Application #965-2, Ruben R. Castro, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District on Lot 20, Block 2, Baldwin Park Addition, be denied. Mayor Blackmon announded the pending item of Application,#1267-11, Domingo Pena, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District for a large hall for dance clubs and conventions, on a portion of Lot 5, Section 31, Flour Bluff and Encinal Farm and Garden Tracts fronting 550' on Padre Island Drive and 455' on Sea Breeze Drive, on which a public hearing was held February 5, 1968. City Manager Townsend stated that Mr. Pena has advised the Planning Department that he has purchased the old ice or rollerskating arena and plans to establish a dance hall at that location; that he indicated he intends to sell the subject property for which rezoning has been requested after it is zoned for business. Mr. Townsend further explained that following the hearing of February 1968, the Council concurred in the recommendation of the Planning Commission and granted the request subject to a proper plat. He stated that the plat has now been submitted and approved. Commissioner Lozano withdrew a motion togrant the request as applied for after it was pointed out that no action of the Council is necessary at this time. Commissioner McDaniel made a motion that the action of the Council of February 5, 1968, be nullified and that "B-1" be granted instead of "B-4", on the basis that the applicant plans to sell the property and is indefinite as to its intended use. The motion failed for lack of a second. Mayor Blackmon directed that an ordinance be brought forward effectuating the change from "R -1B" One -family Dwelling District to "B-4" General Business District, on a portion of Lot 5, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, fronting 550' on Padre Island Drive and 455' on Sea Breeze Drive. • • Minutes Regular Council Meeting January 22, 1969 Page 4 ORDINANCE NO. 9204 DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF THE FOLLOWING STREETS BE IMPROVED: 1. Osage from Chippewa to Morgan Avenue; 2. Highland, from Osage to Port; 3. Port Avenue -Morgan Street Intersection; AND THAT MISCELLANEOUS SIDEWALK IMPROVEMENTS BE MADE ON THE FOLLOWING STREETS: 1. McMullen Road, from the East property line of West Oso High School tract to Navigation Boulevard, North side only; 2. Cliff Maus Drive, from the South right of way line of McMullen Road to Culver Drive, West side only; 3. Navigation Boulevard, from McMullen Road to Molina Drive, West side only; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFI- CATIONS FOR THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; 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. 9205 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 ORDNANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SOUTHWESTERN OIL AND REFINING COMPANY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1, 2, 3, 17, 18, 19, and 20, BLOCK 5, SUNSET PLACE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "13-1" NEIGHBORHOOD BUSINESS DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT, AND CHANGING THE ZONING OF LOTS 4 AND 16, BLOCK 5, SUNSET PLACE, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROI- FESSIONAL 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". • Minutes Regular Council Meeting January 22, 1969 Page 5 ORDINANCE NO. 9206 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EMPLOY URBAN ENGINEERING FOR SERVICES IN CONNECTION WITH THE FURNISHING OF PRELIMINARY SURVEYS REQUIRED FOR DESIGN OF STREET IMPROVEMENTS IN THE MOLINA AREA, KNOWN AS THE NEIGHBORHOOD IMPROVEMENT PROGRAM, APPLICABLE TO PROJECT NO. 220-67-92; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,500 TO COVER THE COST OF ENGINEERING SERVICES OUTLINED; 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. 9207 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH T. H. LEE, SUBJECT TO FINAL APPROVAL FROM THE STATE DEPARTMENT OF HEALTH AND THE FEDERAL WATER POLLUTION CONTROL ADMINISTRATION, FOR THE CONSTRUCTION OF INTERCEPTOR SEWER LINE 34A, SECTION II, APPLICABLE TO PROJECT NO. 250-64.36.5; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $200,000.00 OF WHICH AMOUNT $190,921 .41 IS FOR THE CONSTRUCTION CONTRACT AND $9,079.59 IS FOR CONTINGENCIES, ENGINEERING AND INCIDENTAL EXPENSES; 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. 9208 AMENDING SECTION 9 AND SECTION 10 OF ORDINANCE NO. 8127, GENERALLY REFERRED TO AS THE CLASSIFICATION AND COMPENSAT ION PLAN FOR THE CITY OF CORPUS CHRISTI, TEXAS, SO AS TO PROVIDE PROVISIONS FOR HOLIDAY LEAVE, VACATION LEAVE, AND SICK LEAVE FOR FIREMEN AND POLICEMEN; 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. 9209 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $950 FOR JUDGMENT AWARD, SPECIAL COMMISSIONERS' FEES, APPRAISAL TESTIMONY, COURT COSTS AND TITLE EXPENSES, ALL IN CONNECTION WITH CAUSE NO. 599, FILED IN THE COUNTY COURT OF NUECES COUNTY, TEXAS, APPLICABLE TO UTILITY RELOCATION, SOUTH PADRE ISLAND DRIVE-KOSTORYZ TO LARCADE, PROJECT NO. 220-67-101; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting January 22, 1969 Page 6 • 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. 9210 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 DOMINGO PENA, BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING ON LOT A, BLOCK 3, SOUTH BAY ANNEX, AS SHOWN OF RECORD IN VOLUME 34, PAGE 82, NUECES COUNTY MAP RECORDS, FILED FOR RECORD ON NOVEMBER 6, 1968, SAID PARCEL OR TRACT ALSO BEING DESCRIBED AS A PORTION OF LOT 5, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FRONTING 550 FEET ON PADRE ISLAND DRIVE AND 455 FEET ON SEA BREEZE DRIVE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLIING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES 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". Following a brief recess, Mayor Blackmon called the meeting to order at 3:00 p.m. and announced the. Council would now consider the scheduled public hearings for zoning changes, and explained the procedure to be followed. City Planner Edward Shaw presented Application 01268-1, Roy Smith and Ennis Joslin, for change of zoning from "R -1B" One -family Dwelling District to "8-5" Primary Business District, on a 8.28 -acre tract of land out of Lots 4, 5, and 6, Section 3, Flour Bluff and Encinal Farm and Garden Tracts extending East of Holmes Drive. Mr. Shaw located the property on the zoning and land use map; pointed out the zoning and land uses in the surrounding area; stated that at the Commission hearing held December 10, 1968, Mr. Joseph Hans, architect, had represented the applicants and explained that the request is for the expansion of the building and parking area for the Padre -Staples Mall, and that the applicants are willing to build a solid masonry fence starting at McArdle Drive extending down the back of the single-family residence property to the easement side and continuing west on the south side of Mt. Vernon Drive and ending approximately 60 feet back of the • • Minutes Regular Council Meeting January 22, 1969 Page 7 corner of Holmes Drive so as not to obstruct the view from the traffic on that street. Mr. Shaw stated that eight persons had appeared at the hearing opposing the request; that the Staff had reported 19 notices were mailed, one received in favor, seven in opposition, and one received in opposition at the hearing; that it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof "13-4" General Business District be approved on the basis that it is a more logical extension of "B-4" zoning of the existing Mall, but further requested that before an occupancy permit is issued, the owners be required to erect an 8 -foot solid masonry fence along Mt. Vernon Drive; and that the Staff favored "B-4" on the basis that it is a more logical extension of the "13-4" zoning immediately adjacent to the east of the subject property, and that possibly "AB" zoning could be a buffer between the "B-4" and the existing residential property along Mt. Vernon Drive. Mr. Joseph Hans spoke on behalf of the applicants and presented a site plan of the proposed development and described the proposed masonry fence and its location. He stated that there is not adequate space in the Mall to accommodate all the tenants who wish to locate there; that the main tenant will be a supermarket and that other tenants will include retail businesses; explained that there will be no access, either pedestrian or automotive, to and from the Mall on Mt. Vernon Drive, but that access is proposed on Holmes Drive; stated that "13-5" Primary Business District zoning was requested instead of "B-4" to satisfy the desires of the tenants; that careful consideration had been given to the lighting of the center to discourage vandalism; and that 534 parking spaces are proposed in the development. He further explained that after a discussion with the Planning Staff, it was decided that the dead end of Mt. Vernon Drive at Janet Drive should be abandoned and joined to the abutting property because of the possibility of it's being used as access to the shopping center. Mr. Hans stated that the "B-4" as recommended by the Planning Commission will be adequate and will be acceptable , but asked permission to make the construction of the fence as part of the general construction. He stated that the construction of sidewalks had been omitted along Holmes Drive and Mt. Vernon Drive to avoid pedestrian access to the Mall, especially children, because of the safety factor. • • Minutes Regular Council Meeting January 22, 1969 Page 8 Mr. Roy Smith appeared and stated the applicants are asking for o change of zoning subject to a satisfactory plat, and pointed out that they have attempted to cooperate with the City in past dealings, and that they will continue to work with the City to the best interest of the public, and that the sidewalk will be constructed and landscaping done if it is required. Mr. Albert Campbell, Jr,, 4918 Janet, appeared and presented a petition containing signatures of seven residents in the area indicating they would not oppose the requested zoning change provided the applicants be required to (1) reduce the zoning application from "B-5" to 'B-4"; (2) erect a fence identical to the one called for in the Padre -Staples Mall zoning ordinance from Padre -Staples Mall fence along Mt. Vernon to the corner of Holmes Street, thence to Padre Island Drive without any openings in the fence, and that the fence be constructed before any construction is permitted on the land included in the application; and (3) construct a sidewalk between the fence and the curb along Mt. Vernon and Holmes Street with sod and maintenance of any area between the fence and curb not covered by the sidewalk. Others appearing and speaking on behalf of the petition were Mr. Ronald Motes, 5122 Mt. Vernon, stating that his home is located parallel to the 60 -foot setback and since the fence will end at this point, his yard will be subjected to litter from the Shopping Center, and stated that he felt the fence should extend around the corner of Mt. Vernon and on down Holmes Drive with no access on Holmes Drive; Mr. Jerry Torrence, 3938 Lenora Drive, pointed out that access on Holmes Drive would increase traffic on Lenora, Holmes and Janet Drives; Mrs. Palmer M. Cox, 4941 Janet, stated the property drains toward the adjacent residences and felt the new paved area would increase the drainage problem; Mrs. Keith Ewing, 5138 Mt,. Vernon, expressed interest as to whether or not the fence would be constructed before or after the construction of the buildings. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, that the foregoing zoning application be tabled for further consideration. • • Minutes Regular Council Meeting January 22, 1969 Page 9 Mayor Blackmon announced the public hearing on Application #1268-2, Dr. James E. Tempesta, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighbor- hood Business District on a 1.15 -acre tract of land out of Lot 2, Section 3, Bohemian Colony Lands, lying 124 feet west of Kostoryz Road fronting 400 feet in the 3100 Block of the dedi- cated but unimproved Johanna Street at a depth of 125 feet. Edward Shaw located the property on the zoning and land use map and pointed out the zoning and land uses in the surrounding area; pointed out that Johanna and Sacky Streets are dedicated streets but do not show on the ground; that the Commission heard the request December 10, 1968, at which time the applicant appeared and explained that he is seeking "B-1" zoning so that the property can be leased for the construction of a neighborhood shopping center; Mr. Shaw stated one other person appeared at the hearing and spoke in favor of the request and that no one appeared in opposition; that the Staff reported that six notices were mailed, one received in favor, none in opposition, and one received in favor at the public hearing; that it was the recommendation of the Planning Commission that the application be approved as requested, and that the Staff had recommended "AB" on the basis that it would be a buffer to the zoning along Padre Island Drive. Dr. James E. Tempesta, applicant and owner of the property appeared on behalf of his request, and stated that they will dedicate 25 feet on the preliminary plat for street purposes, and they plan to proceed with putting in the streettas the property is of no value without it. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Lozano and passed that the hearing be closed. Motion by Roberts, seconded by Lozano and passed, that the foregoing request for zoning change be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #1268-3, Crocker Transfer and Storage Company, Inc., for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 41, 42, and 43, Block 1003, Fitchue Place Subdivision. • Minutes Regular Council Meeting January 22, 1969 Page 10 Mr. Shaw presented the request; located the property on the land use map and pointed out the zoning uses of the surrounding territory; stated that Mr. Bill Crocker, co-owner of the property, had appeared before the Commission hearing held December 10, 1968, and stated that the present building, which contains 3,000 square feet of floor space, is under consideration for purchase by a printing firm, which operation will require "B-4" General Business District zoning, and that he has two prospective buyers of the property. Mr. Shaw stated no one had appeared in opposition, that the Staff reported 31 notices were mailed, six received in favor, none in opposition; that it was the recommendation of the Planning Commission that the application be approved as requested, and that the Staff concurred in the recommendation. No one appeared in opposition to the foregoing request. Motion by Roberts, seconded by Sizemore and passed, that the hearing be closed. Motion by Roberts, seconded by McDaniel and passed, that the recommendation of the Planning Commission and the Staff be concurred in and that Application #1268-3, Crocker Transfer and Storage Company, Inc., for change of zoning from "B-1" Neighbor- hood Business District to "B-4" General Business District on Lots 41, 42, and 43, Block 1003, Fitchue Place Subdivision located at 1620 Brownlee Boulevard, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on Application #1268-4, Saratoga Land Company for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 5.65 -acre tract of land out of Lot 2, Section 10, Bohemian Colony Lands. Mr, Shaw stated the request had been heard by the Planning Commission December 10, 1968, at which time Mr. John Keltner, Vice -President of Saratoga Land Company, had appeared and stated that an apartment complex is proposed for the subject property with an extension of W. Shea Parkway to the East side of the property to provide accesss to the development. Mr. Shaw stated no one had opposed the request; that the Staff reported one notice was mailed, but was returned unclaimed; that it was the recommendation of the Plan- ning Commission and the Staff that the application be approved as requested. Minutes Regular Council Meeting January 22, 1969 Page 11 The applicant, Mr. John Keltner was present, but stated he had nothing further to add, but that a bridge was being constructed across the ditch in the area. No one appeared in opposition to the foregoing application. Motion by Lozano, seconded by Bradley and passed, that the hearing be closed. Motion by Lozano, seconded by Bradley and passed, that tht recommendation of the Planning Commission and the Staff be concurred in and that Application #1268-4, Saratoga Land Company, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a 5.65 -acre tract of land out of Lot 2, Section 10, Bohemian Colony Lands, lying 170 feet West of East Shea Parkway fronting 614 feet in the 4300 Block of Saratoga Road at an average depth of 416 feet, be approved as requested, and that an ordinance be brought forward effectuating the change. There being no further business to come before the Council, the meeting was adjourned.