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HomeMy WebLinkAboutMinutes City Council - 07/02/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 2, 1969 2:00 P.M. PRESENT: Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend Assistant City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Pro Tem Gabe Lozano called the meeting to order and called on The Reverend Lawrence Greenhaw of St.Andrews United Methodist Church to give the Invocation. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Sizemore, seconded by Roberts and passed, that the absence of Mayor Blackmon be excused for cause. The Minutes of the Regular Meeting of June 18, 1969, were approved as presented to the Council. Mayor Pro Tem Lozano read and presented proclamations relative to the following: INDEPENDENCE DAY, July 4, 1969, respectfully requesting that the custom of ringing bells be revived and resumed, and that every bell in the City be rung far four minutes beginning at 1:00 p.m., July 4, as an expression of our faith in the ideals of our Nation and determination to remain forever free, and to commemorate the occasion by flying the United States Flag; PONY LEAGUE MONTH, the month of July, 1969, urging sportsminded citizens to support and attend events and tournaments sponsored by local and National Pony Leagues to be held at Oso -National Field on July 15, through August 4, received by Mr. Hollis R. Neese, Jr. Mayor Pro Tem Lozano recognized and welcomed as visitors to the Council approximately 45 Girl Scouts representing the Girl Scout Active Citizenship Challenge Group and NAACP representatives participating in a four-day citizenship workshop. • • Minutes Regular Council Meeting July 2, 1969 Page 2 Mrs. Loraine Daly, co-owner of the Petroleum Club appeared and on behalf of Mr. Sheridan C. Lewis, president of the Boys Club who was also present, presented the Council with a check for $20,000 to be applied toward the local cost of building the Boys Club Neighborhood Facility on Greenwood Drive. In making the presentation, Mrs. Daly gave a brief report on the progress thus far of the construction of the facility, and stated that there are over 500 youth enrolled in the study center with 175 volunteer tutors, and that together with the swimming pool, they are serving over 700 youngsters every day. She stated that the Petroleum Club is very serious about their long-term commitment to the Boys Club, and proud to make this presentation of $20,000 toward their goal. Mayor Pro Tem Lozano, on behalf of the Council, expressed appreciation and commended those who are contributing to furtherance of this worthy cause. Mayor Pro Tem Lozano announced the public hearing for the closing of a dedicated roadway easement, 40 feet in width with a center line being the common boundary line of the northeast boundary of Section 41, and the southwest boundary of Section 42, Flour Bluff and Encina( Farm and Garden Tracts, commencing at the intersection of the north boundary line of South Padre Island Drive and extending in a northwesterly direction at the east shoreline of Cayo Del Oso. City Manager Townsend pointed out the location of the roadway on a map and stated that the request had been initiated by Mr. Randal G. Stivers, Jr., Trustee. Mr. Townsend explained that the street has never been opened and that there is no physical evidence of the street on the ground. He stated that the affected City Departments had been contacted, and that there was general concurrence in the closing, but that the Public Works Department had recommended that the street remain open until development plans for the area are available; that access to the Bay should be left unobstructed along the Oso in order that drainage facilities can later be installed without having to acquire ease- ments in the same manner as was necessary during the reconstruction of Ocean Drive. Mr. Townsend stated that it is his recommendation that no final action be taken on the request until a preliminary plat has been submitted as to the proposed use of the property affecting drainage and access to Oso Bay. i • Minutes Regular Council Meeting June 2, W69 Page 3 It was noted that Mr. Robert E. Haegelin, attorney representing the applicant, was not present, and that he had indicated that he would be present, and it was agreed by the Council that the hearing be recessed until the close of the meeting to afford Mr. Haegelin an opportunity to be heard. Mayor Pro Tem Lozano 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: a. That the dote of July 28, 2:00 p.m. Special Council Meeting, be set for public hearing on the following zoning cases: (1) Corpus Christi Datsun Cars, Inc., on property between South Park Junior High School and Padre Island Drive; (2) Saratoga Land Company, on property on Saratoga at the site of the cotton gin; (3) Mr. Graford Rogers and. H. L. Edens, property located between McArdle and Padre Island Drive near Clare Drive; (4) Robert Callaway, on property located between McArdle Road and Padre Island Drive between Daly and Aswan; and (5) Walter Wisznia, on Rossiter between Ocean Drive and Denver; b. That the recommendation of the Traffic Engineer and the Traffic Safety Advisory Board to eliminate parking on Alameda from Miramar Place to 300 feet southeast of Avalon to provide a continuous left turn lane, be approved; c. That a contract with the Community Committee on Youth Education and Job Opportunities for the Health and Welfare program supporting summer Headstart for approximately 1800 children at 8 school districts, providing $38,333 Federal assistance and $16,896 local in-kind including space, volunteered dental services, laboratory examinations, and employee physicals, and Staff including 3 nurses, two social workers, secretary and 21 part time health aides, be authorized; d. That the authority to execute a permit with the Missouri Pacific Railroad Company for the proposed 48 -inch water main to cross their tracks near Calallen, be authorized; • • Minutes Regular Council Meeting June 2, 1969 Page 4 e. That an appropriation for No. 250 Sanitary Sewer Bond Fund in the amount of $1,286.00 of which $1,200 is for acquisition of Lots 11 and 12 of Block 13, Naval Center Subdivision, located at Jester Street and Military Drive, and $86.00 for incidental expenses, for lift station site in conjunction with Flour Bluff Plant and Laterals, Stage II, be approved, and that real estate sales contracts with owner, Mr. Henry E. Breese, be authorized; f. That contracts for water supply and for the deferred construction of improvements with Padre Island Development Corporation for Padre Island -Corpus Christi, Section D and Point Tesoro, Units 2 and 3, be authorized; g. That the action of the Council of June 25, 1969, relative to the Bi -Weekly Payroll for City Employees, to be placed in effect on July 14, be amended as follows:' (1) Checks to be issued on July 15th, for the period July 1 through 13 - no voluntary deductions to be taken from these checks; (2) Checks to be issued on July 31, for the period of July 14 to July 27, based on the 6i -weekly salary schedule which will be the annual salary divided by 26, submitted for City Council approval; (3) thereafter on every other Friday; (4) all voluntary deductions to be continued on a semi-monthly basis until the first Friday in January - after that date voluntary deductions to be made on 24 of 26 pay periods unless other provisions are worked out. City Manager Townsend presented the following pending zoning cases: Application #569-5, City of Corpus Christi, for change of zoning on Lot 6, Block 4, Green Acres Village No. 1, located at 921 Zarsky Drive, on which a public hearing was held June 23, 1969. Motion by Roberts, seconded by Bradley and passed, de Ases voting "Nay", that Application #569-5, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lot 6, Block 4, Green Acres Village No, 1, be denied, but in lieu thereof a Special Permit be granted for a one -chair beauty shop for a period of 18 months expiring January 1, 1971, with the provision that there be no advertising sign at this location, and that an ordinance be brought forward effectuating the Special Permit, • Minutes Regular Council Meeting July 2, 1969 Page 5 Application #569-8, Drs. E. L. Holt and H. T. Pruessner, for change of zoning on Lots 1 thru 9, Bratton Place, on which a public hearing was held June 23, 1969. Motion by Sizemore, seconded by Roberts and passed, that Application #569-8, Drs. E. L. Holt and H. T. Pruessner, for change of zoning from "AB" Professional Office District, to "B-1" Neighborhood Business District, on Lots 1 thru 9, Bratton Place, located at 5202 Weber Road, be denied, but in lieu thereof a Special Permit be granted for operation of a drug store according to the site plan approved by the Council, with the provision that there be no intoxicating beverages sold on the premises, that in all other respects, "AB" zoning be complied with, and that an ordinance be brought forward effectuating the Special Permit. Application #569-1, Dr. Richard Lyman, for change of zoning on Lot 2, Block B, Carroll Heights Annex, on which a public hearing was held June 23, 1969. Motion by McDaniel, seconded by Bradley and passed, that Application #569-1, Dr. Richard Lyman, for change of zoning from "A-1" Apartment House District to "3-4" General Business District, on Lot 2, Block B, Carroll Heights Annex, located in the 5100 Block of Weber Road, be denied, but that in lieu thereof "3-1" zoning be granted, and that an ordinance be brought forward effectuating the change. Application #569-6, Don Prewit, for change of zoning on a 5 -acre parcel of land out of Tract 3, Margaret Kelly Land Subdivision, on which a public hearing was held June 23, 1969. Motion by Sizemore, seconded by Bradley and passed, with Roberts voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #569-6, Don Prewit, for change of zoning from "F -R" Farm Rural District to "1-2" Light Industrial District, on a 5 -acre parcel of land out of Tract 3, Margaret Kelly Land Sub- division, fronting 575 feet on Old Brownsville Road, and having a depth of 563 feet, .located in the 800 Block of Old Brownsville Road,: be approved as requested, and that an ordinance be brought forward effectuating the change. Minutes Regular Council Meeting July 2, 1969 Page 6 ORDINANCE NO. 9410 THIRD READING OF AN ORDINANCE CREATING THE CORPUS CHRISTI HUMAN RELATIONS COMMISSION IN LIEU OF THE PREVIOUSLY EXISTING HUMAN RELATIONS COMMITTEE, HERETOFORE EXISTING UNDER ORDINANCE NO. 7053, WHICH ORDINANCE IS HEREBY REPEALED; PRESCRIBING THE COMPOSITION AND DUTIES OF SUCH COM- MISSION; PROVIDING STAFF ASSISTANCE. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9411 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE CONTRACTS WITH PADRE ISLAND INVESTMENT CORPORATION PROVIDING FOR THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN POINT TESORO UNITS 2 AND 3, AND SECTION D OF PADRE ISLAND - CORPUS CHRISTI, ON OR BEFORE JULY 1, 1977, AND FOR THE CONSTRUCTION OF TRANS- MISSION MAINS FROM SAID SUBDIVISIONS TO THE CITY'S OVERHEAD WATER TANK AT LAGUNA SHORES ROAD AND ISLAND DRIVE, COPIES OF WHICH CONTRACTS ARE 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: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9412 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH CENTRAL POWER AND LIGHT COMPANY, TO SUPPLEMENT THE. AGREEMENT AUTHORIZED BY ORDINANCE NO. 5193, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEM- BER 12, 1958, CONCERNING FREEWAY LIGHTING, OPERATION AND MAINTENANCE, A COPY OF SAID SUPPLEMENTAL AGREEMENT BEING 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: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9413 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $1,286.00, OF WHICH $1,200.00 15 FOR ACQUISITION OF LIFT STATION SITE IN CONJUNCTION WITH FLOUR BLUFF PLANT AND LATERALS, STAGE II, AND THE SUM OF $86.00 IS FOR INCIDENTAL EXPENSE, APPLICABLE TO PROJECT NO. 250-67-53; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS AND SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE AFORESAID PARCEL OR TRACT OF LAND FROM HENRY E. BREESE, OWNER; AND DECLARING AN EMERGENCY. i Minutes Regular Council Meeting July 2, 1969 Page 7 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9414 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CiIY OF CORPUS CHRISTI, TO EXECUTE A PIEPLINE CROSSING LICENSE AGREEMENT WITH MISSOURI PACIFIC RAILROAD COMPANY WHEREBY THE CITY WILL INSTALL A 48 -INCH WATER PIPE LINE ACROSS OR ALONG RAILROAD RIGHT OF WAY LOCATED NEAR MILE POST 147.215, NEAR CORPUS CHRISTI, TEXAS, AS SHOWN ON THE MAP WHICH IS A PART OF SAID LICENSE, 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: Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9415 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 CAP'N SYD'S, INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5 & 6, BLOCK 2, AVALON ADDITION IN THE 4200 BLOCK OF SOUTH ALAMEDA STREET SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS 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: Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9416 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 H. L. EDENS, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A RADIO AND TV REPAIR SHOP, SITUATED ON LOT 1, WILSON TERRACE ANNEX, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. i Minutes Regular Council Meeting July 2, 1969 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9417 R!'THORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES, FOR THE HEALTH AND WELFARE COMPONENTS OF THE 1969 HEAD -START PROGRAM, A COPY OF SAID CON- TRACTS BEING 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: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9418 ACCEPTING THE BID OF THE CORPUS CHRISTI STATE NATIONAL BANK AND THE BID OF THE GUARANTY NATIONAL BANK AND TRUST AS CITY DEPOSITORIES FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORIES IN LIEU OF BOND AS SUCH DEPOSITORES; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH THE FROST NATIONAL BANK AT SAN ANTONIO, TEXAS, AND SUCH OTHER SECURITY HOLDER AS TRUSTEE FOR SAFEKEEPING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9419 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-155 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, SO AS TO PROHIBIT PARKING ANYTIME ON EITHER SIDE OF SOUTH ALAMEDA STREET, BETWEEN MIRAMAR PLACE AND A POINT 300 FEET SOUTHEAST OF THE INTERSECTION OF AVALON; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed la/ the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. Minutes Regular Council Meeting July 2, 1969 Page 9 RESOLUTION NO. 9420 • MAKING FINDINGS REGARDING THE COST OF TREATED WATER FOR THE PERIOD OCTOBER 1, 1966, TO OCTOBER 1, 1971, AS PROVIDED IN THE CONTRACT BETWEEN REYNOLDS METALS COMPANY AND THE CITY OF CORPUS CHRISTI DATED OCTOBER 5, 1951; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye"; Blackmon was absent. Mayor Pro Tem Lozano announced the recessed public hearing for the closing of a dedicated street located between Flour Bluff Drive and the Oso, would be resumed at this time. No one appeared in favor or in opposition to the foregoing request. Motion by Roberts, seconded by de Ases and passed, that the hearing be closed. Motion by Roberts, seconded by Sizemore and passed, that action on the foregoing request be tabled for further consideration. Attorney Charles G. Lyman appeared and requested that the Council take some action in connection with the District Court's decision in awarding payment of $14,000 plus 6 percent interest, in back pay to Policeman Gilbert H. Ashurst dismissed from the Police Force 27 months ago. Mr. Lyman stated he had made unsuccessful attempts to communicate with the City Attorney and the City Manager, and hod become impatient, that he was appearing as a matter of courtesy before taking legal recourse. City Manager Townsend stated that he was unaware of Mr. Lyman's attempts to communicate, and stated he would available for a conference with Mr. Lyman immediately following the meeting. There being no further business to come before the Council, the meeting was adjourned.