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HomeMy WebLinkAboutMinutes City Council - 02/12/1969PRESENT: • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 12, 1969 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, and gave the invoca- tion in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of February 5, 1969, were approved as furnished to the Council. Mayor Blackmon recognized members of the Student Council of the Calallen Junior High School and presented Certificates of Attendance to: Denise Parker, Frank Hunt, Janice Brieden, Sarah Tompkins, Terry Mitchell and Herbert Power. The group was accompanied by their sponsor, Mrs. Betty Sims. Mayor Blackmon read and presented proclamations relative to the follow- ing; LULAC WEEK, February 16 through 22, 1969, urging citizens to join with this organization in the proper observance and recognition of the contributions made by LULAC to the American way of life, received by Mr. A. E. Pena and Mr. Perez; PAN AMERICAN DAY, April 14, 1969, and PAN AMERICAN WEEK, April 13 through 19, 1969, in recognition of past achievements for this nation's re -dedication to the ideals of the inter -American system, and the principles and objectives of the Charter of the Organization of American States and the Charter of Punta del Este; to be placed on display in the Pan American Building in Washington D.C.; NATIONAL ENGINEERS' WEEK, February 16 through 22, 1969, extending recognition and honor to our engineers; received by Jim Barnette, President of the local Engineer's Society; Homer Innis, President -Elect; Dee Kauffman, Jack Green; Ed Lamp; Ed Foelker; Dick Godeke; Jiminy Goldstai;and Mrs. Jimmy Goldston, president of the Ladies Auxiliary. Mayor Blackmon presented for nomination Mr. Ross H. Trigg to serve as Chairman of the Sister City Committee of Corpus Christi. Minutes Regular Council Meeting February 12, 1969 Page 2 Motion by Sizemore, seconded by Bradley and passed, that the foregoing nomination be approved and confirmed. Mayor Blackmon presented the names, Mrs. Robert Flato and Duane McCullough for the City's nominations to the Joint Nine -member (two by the City, two by the School District, two by Del Mar College, one from the public at large, and two by the County) Mental Health and Mental Retardation Board. Motion by Sizemore, seconded by Lozano and passed, that the foregoing nominations be approved and confirmed, and that Mrs. Flato be appointed to a 2 -year term and Mr. McCullough to a one-year term. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "g", Sizemore voting "Nay" on Item "b", be accepted, and that the requests and recommendations be granted and approved as follows: a. That the bid award on Uniform Rental Service be made to the following firm on the basis of low bid meeting specifications: (Bid Tabulation #3-69) MODEL INDUSTRIAL UNIFORM SERVICE - Corpus Christi 72 Week Contract - Beginning February 16, 1969, and ending July 4, 1970, for uniform rental service provided for approximately 31 Public Meter Readers, 5 Water Division employees, 164 Sanitation Division employees, 39 Gas Division employees, 12 Airport employees, 20 Transit Department employees, 8 Health Division employees, 10 Sewer Division employees, 2 Traffic'. Engineering employees, and 2 Museum employees, based on twice a week service. 129 employees - 3 changes 15 $2.05 for 72 weeks - $19,040.40 164 employees - 6 changes g $3.80 for 72 weeks - 44,870.40 GRAND TOTAL $63,910.80 b. That the authority to advertise for bids to be received February 25, 30 items of Heavy Equipment and 1969,/at an estimated cost of $320,000, including 18 items of trade-ins;/a 2Z cubic yard Tractor Shovel, Crawler Tractor Dozer, and two 125 horse power Motor Graders, to be purchased on a5 -year guarantee maintenance with re -purchase option, be granted; c. That an appropriation in the sum of $900 for appraisals by Milo Garcia concerning Parcels 1, 2, 3, 4, 5, 6, 7, 16 and 17, applicable to Elgin Park Development, Project No. 291-64-4, be authorized; d. That the City's Group Life and Health Insurance Contract with Con- necticut General be amended to increase the monthly premium for employee coverage by 79 cents and the monthly premium for dependent coverage by $1.83 as a result • Minutes Regular Council Meeting February 12, 1969 Page 3 of the claim experience for the period December 2, 1967 thru December 1, 1968, effective March 1, 1969, and that the City continue to pay the full coat of the employee coverage less 50 cents per pay period. e. That the recommendation of the Transit Advisory Board that bus ser- vice be authorized on a 6 -month trial basis in the area generally along Weber iz. Schanen and Country Club Estates, along Everhart in Stonegate and Carroll Woods, along Gollihar to Parkdale, along Staples, and in Gardendale and Glen Arbor, to be on a 6 -day week basis with the route composed of two loops, each terminating at Parkdale with one hour service on each loop from approximately 7:30 a.m., to 5:00 p.m., be approved; f. That an appropriation in the amount of $9,418.18 of which amount $9,261.18 is for acquisition of Parcel No. 17, and $157.00 for incidental expenses, applicable to Ocean Drive Project, Craig to Alameda, be authorized, and that the City Manager be authorized to acquire said parcels from the owners, H. E. Butt and wife Mary Holdsworth Butt; g. That an appropriation in the amount of $2,100 for acquisition from James R. Hill, of a storm sewer easement 10 feet in width and 210 feet in length being the southeast 10 feet of Lot 14 Block 1, Edgewater Terrace Addition, and also the right to use the land extending 60 feet to the Northwest of the fore- going described easement during construction of a storm sewer line to be con- structed in connection with the Ocean Drive Improvement Project, Craig to Alameda, be approved. City Manager Townsend presented the pending item of Application #12681, Mr. Sam L. Allen for change of zoning on property located at 3718 South Alameda Street, on which a public hearing was held January 29, 1969. He reviewed the application stating that there had been sufficient opposition at the hearing to invoke the 20% rule, and pointed out that W. Lichtenstein had not been specific in how the property would be used, but that it is presumed that it will be used as a parking lot; that the Planning Commission had recommended that the appli- cation be approved as requested. Motion by Bradley, seconded by Jimenez and passed, that the recommendation of the Planning Commission be concurred in and that Application #12687 Mr. Sam • Minutes Regular Council Meeting February 12, 1969 Page 4 Allen, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 41 & 42, Block 817, Port Aransas Cliffs, located at 3718 South Alameda Street, be approved as requested, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented the pending item of Application #1168-12, Father Gregory Deane, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lots 2, 3 and the Northwest half of Lot 4, Block 2, Southland Estates. He stated a public hearing was held Nov- ember 25, 1968, and tabled; that the 20% rule is not in effect assuming the prop- erty faces on Sokol and would be in effect if it is determined that it faces on the side street; that it is his recommendation that it faces on Sokol and that the 20% rule is not in effect. He stated that the applicant had indicated that the solutions to the utilities problems could be worked out. Motion by Sizemore, seconded by Roberts and passed, that the foregoing pending item be tabled for further consideration. it was further requested that Mr. Townsend furnish the Council with a map showing the property owners who were in opposition to the change of zoning. ORDINANCE NO. 9234 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM of $9,418.18, OF WHICH AMOUNT $9,261.18 IS FOR THE ACQUISITION OF PARCEL NO. 17, AND THE SUM OF $157.00 IS FOR INCIDENTAL EXPENSES, APPLICABLE TO PROJECT NO. 220-67-97, OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE THE AFORESAID PARCEL FROM THE OWNERS, H. E. BUTT AND WIFE MARY HOLDSWORTH BUTT; 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. 9235 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $2,100 FOR ACQUISITION OF A STORM SEWER EASEMENT NEEDED IN CONNECTION WITH THE OCEAN DRIVE PROJECT, APPLICABLE TO PROJECT NO. 220-67-97, OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE TEL AFORESAID PARCEL FROM THE OWNER, JAMES R. HILL, BY PROPER CON- VEYANCE AND BY 'W±ia EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; 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 February 12, 1969 Page 5 ORDINANCE NO. 9236 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 MR. BOB E. RICE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 1, SECTION 53, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FRONTING 235 FEET ALONG THE EAST RIGHT OF WAY OF WALDRON ROAD EXTENDING 125' FEET DEEP, LOCATED AT 2919 WALDRON ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELL- ING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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 N0. 9237 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 SHERMAN F. HAWLEY, BY AMENDING Tilt ZONING MAP BY CHANGING TBE Z0r7r ON TOTS 7 THROUGH 11, BLOCK 4, FLOUR BLUFF HEIGHTS LOCATED IN THE 400 BLOCK OF SKIPPER LANE BETWEEN CARLETA STREET AND MARZBACHER DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DW,TING 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, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." RESOLUTION 40. 9238 THAT THE CITY COUNCIL OF THr, CITY OF CORPUS CHRISTI AID AND ASSIST THE EFFORTS OF THE VETERANS ORGANIZATIONS AND ENCOURAGE THE ESTABLISHMENT OF A NATIONAL CEMETERY IN THE CORPUS CHRISTI AREA, AND THE VETERANS ORGANIZATIONS REQUEST THE FEDERAL GOVERNMENT TO ESTABLISH SUCH NATIONAL CEMETERY; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye." ORDINANCE NO. 9239 AMENDING THE ZONING ORDINANCE OF 'DLL CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF nib ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY CHANGING THE ZONING DISTRICTS OF TEAT AREA COMMONLY REFERRED TO AS THE "HILLCREST AREA," INCLUDING PORTIONS OF HILLCREST ADDITION, NUECES BAY HEIGHTS, CITIZENS ADDITION, CRAVEN HEIGHTS Minutes Regular Council Meeting February 12, 1969 Page 6 ADDITION, WEST BROADWAY ADDITION, SUNNYSIDE ADDITION AND NELSON ADDITION, ALL LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND AMENDING THE ZONING MAP AS MORE FULLY SET FORTH HEREINAFTER, SUCH REZONED DISTRICTS BEING SHOWN ON THE MAP ATTACHED HERETO, MARKED EXHIBIT "A"; KEEPING IN EFFECT ALL OTHER PROVISIONS OF Tut 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." Mayor Blackmon recognized Captain Richard J. Herschbach, President of the International Association of Firefighters Association, who had requested a place on the agenda to present grievances concerning alleged violations of Article 1583-1, Texas Penal Code, Sections 1, 3, 3a and 6 and alleged inequities recently established in the City's Compensation Plan concerning additional vacation for 15 -year service. Captain Herschbach presented the Council with a three-page outline of a series of calculations intended to show how firemen lost overtime pay during the period between 1960 and 1967 because of certain shift arrangements, stating the hours they worked these eight years were in violation of the four sections of the law governing the firefighters. (Council Exhibit #1-69) Captain Herschbach stated they have sought to resolve this matter since October of 1967 but to no avail, and that the majority of the problems have occurred due to opinions of the City Legal Staff brought about by misinterpreta- tion of the law. He requested that the Council study the alleged facts in the presentation to see that it is not in error and take steps to correct the inequities. It was agreed that the foregoing matter be tabled for an indefinite time, affording members of the Council time to study the presentation, and that the petition be taken up at a workshop meeting after a majority of the Council indi- cates they are ready to consider it. Following a 40 -minute recess at which time the Council held a workshop meeting in the City Manager's Office, Mayor Blackmon reconvened the meeting at 3:55 p.m. City Manager Townsend presented for the Council's consideration the following ordinance: • Minutes Regular Council Meeting February 12, 1969 Page 7 ORDINANCE NO. 9240 APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $900 FOR APPRAISALS BY MILO GARCIA CONCERNING PARCELS 1, 2, 3, 4, 5, 6, 7, 16 and 17, ELGIN PARK DEVELOPMENT, APPLICABLE TO PROJECT NO. 291-64-4, ELGIN PARK DEVELOPMENT; 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." Mrs. Henry G. Tromm, 5402 Ocean Drive, read and presented a petition signed by 15 property owners living in the immediate vicinity of the proposed land fill on Ocean Drive between South Shore Place and Poenisch Drive, protesting the proposal of the City to extend the area of such fill from a depth of 200 feet to either 400 feet or 500 feet from Ocean Drive. (Petition #3-69) Commissioner Bradley asked that it be noted that the names of Mr. A. A. 5025 Cape Ann, Lichtenstein, 5110 Cape Romain and Mrs. Fred J. Haas,/be added to the petition signed by 16 property owners in the area of the proposed fill, which was sub- mitted earlier this week in support of the project. (Petition #2-69) Motion by Bradley, seconded by McDaniel that a Change Order be issued to the contractor for construction of Ocean Drive Improvement Project, to the effect that the, Seawall along South Shores will be extended to approximately 100 feet east of its approved location to create space for 4i more acres, for a total acreage of approximately 17 acres. Commissioner Jimenez stated he was opposed to the foregoing motion on the basis that he feels $100,000 is too much money to spend, and further stated that some of the signatures on the petition in support of the proposed extension were people who do not live in the immediate area. Commissioner Sizemore stated he could not see how the amount of the extension could justify the cost. Mr. H. G. Tromm spoke in opposition to the proposed extension of the seawall stating that open space land is illegal because of the restrictions, stating that from all indications land designated as open space and park land could also be used as an entertainment area. City Manager Townsend explained that there are limitations on open apace Minutes Regular Council Meeting February 12, 1969 Page 8 • land defined sufficiently to prohibit the placing of buildings other than rest - rooms, and that the concept of open space is for parks to be used for the public. Mr. Tom Swantner, 207 Baycliff, spoke in support of the petition filed February 10, 1969, strongly endorsing the City's plans to develop the subject park, and stated that he feels it should be as large as practical from an engineering and budget standpoint, and that he is in agreement with Commissioner Bradley that there will never be another opportunity to develop property on the bayfront at this price. He further stated the subject park will be an asset to the community projected into the future, and that it will provide storm protection, recreation, and the obvious attraction to out of town visitors. City Manager Townsend pointed out that it is imperative that a decision be made now because the work order has been issued to the contractor. Mayor Blackmon called for a vote on the foregoing motion. Bradley, Lozano, McDaniel and Roberts voted "Aye" and Jimenez and Sizemore voted "Nay." Mayor Blackmon declared the motion had passed and would constitute authority for the City Manager to issue a Change Order to the contractor accordingly, and directed that an ordinance be prepared for next week's agenda to effectuate the action taken. City Manager Townsend presented the matter of possible reductions in paving assessments concerning bayside tracts of the Ocean Drive Improvement Project that cannot be built upon because of the deed or physical restrictions, and pointed out the location of the parcel® on an aerial map. He explained that most of the land involved is land the City plans to acquire through the Open Space Program. He stated that the testimony of the City's real estate witness at the public hearing on the paving assessments for the last unit of Ocean Drive Improve- ments was that such property was only benefitted to the extent of 25% of the assessments. Lozano abstaining, Motion by McDaniel, seconded by Bradley and passed,/that the assessments against bayside property of Ocean Drive, baying deed restrictions or physical limitations making construction impossible be reduced to 25% of the original assessment and that an ordinance be brought forward to this effect. City Manager Townsend reported that a problem had arisen in connection • Minutes Regular Council Meeting February 12, 1969 Page 9 with the North Staples Street paving project, stating that Mr. A. F. Gonzales, who owns a service station at Lipan and North Staples wherein his pumps and island are located too near the City right of way, has submitted a cost estimate of $3500 to cover damages and cost for relocation of the facilities for which he claims he was not properly advised by the City that his pump and island were in the public right of way. Following a lengthy discussion, it was agreed by the Council that a sub- committee, headed by Mayor Blackmon, be authorized to personally call on Mr. Gonzales for the purpose of negotiating a satisfactory settlement. There being no further business to come before the Council, the meeting was adjourned.