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HomeMy WebLinkAboutMinutes City Council - 09/10/1969� - f r � MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 10, 1969 2:00 p.m. PRESENT: Mayor Jack R. Blackmon 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 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 Luis C. Gomez, Pastor of Kelsey Memorial Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of August 27, 1969, were approved as submitted to the Council. Mayor Blackmon read and presented proclamations relative to the following: CONSTITUTION WEEK, September 17-23, 1969, and Citizenship Day on September 17, 1969, sponsored by the DAR and the Civitan Club, respectfully urging the display of the American Flag and meditation upon the significance of this historical event; received by Mrs. R. L. Henning of the DAR and to be mailed to Mr. Gary York, President of the Civitan Club; LITTLE THEATER WEEK, September 12-18, 1969, sponsored by the Little Theater Corpus Christi urging support of the activity by membership and attendance at the six plays and melodrama presented annually; received by Mr. Bernie Karchmer, president of Little Theater and six members of the Theater. Mayor Blackmon recognized Captain L. H. Davis, Sergeant Henry Cox, and Patrolman Joseph H. Busker, who recently retired from the Police Department. He stated that these three men are civil servants of our City, and are all too young to go home and quit work completely; that there is very little done and so much that could be done for retiring employees who have given a lifetime of service to the City; that they are being brought before the Council for recognition and Certificates in honor of their years of service. • Minutes Regular Council Meeting September 10, 1969 Page 2 Mayor Blackmon recognized Mr. Ross Trigg, Chairman of the Sister City Committee and presented him with a plaque in honor of his dedicated work in connection with the student exchange program with our Sister City of Yokosuka, Japan. Mr. Trigg has worked with the Sister City Committee in planning the visit last month of four students from our Sister City and in sending four of our local students to Yokosuka for a visit. Mayor Blackmon stated that he felt the program this year was exceptionally good and that he felt Mr. Trigg had really worked toward this end; that the good work would materially effect the Sister City program in the future; and the entire Committee was to be commended. Mr. Trigg thanked all for helping in the program and especially those who hosted the visiting students. Mayor Blackmon then recognized Mr. Hector de Pena, attomey, who read a Resolution from The League of United Latin American Citizens stating their postion on the Equal Opportunity Employment Act; and requesting that the City pass an appropriate Ordinance or Resolution endorsing the purposes and goals of the Equal Employment Opportunity Act and requiring those doing business with the City to certify that they are Equal Employment Opportunity Employers. Mayor Blackmon questioned as to whether or not this would apply to small businesses of twenty- five employees or under and whether it would apply to just Federal Government. City Manager Townsend stated that the Act was intended for any business with over 50 employees or doing an annual contract business of more than $50,000. Mayor Blackmon stated it would be discussed at a workshop meeting. (Council Exhibit 08-69) Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Lozano and passed, with de Ases voting "Nay" on item "a", that the City Manager's Reports, Items "a" through "f", be accepted, and that the requests and recommendations be granted and approved as follows: a. That the bond requirements for Phillips Petroleum Company and Pan American Corporation under Section 18.1 of the Bay Drilling Ordinance and for Colorado Oil and Gas Corporation under Section 7.3 of the Land Drilling Ordinance, be waived; • Minutes Regular Council Meeting September 10, 1969 Page 3 b. That an easement be abandoned at the request of Humble Oil and Refining Company beginning at Barton Street at the south end of Lots 1, 2, and 3, and parallel to South Padre Island Drive and then perpendicular to Barton Street east of Lots 7 and 8 of Block 6, Flour Bluff Center, subject to the applicant paying the cost of relocating utilities and dedicating a replacement easement; c. That the heliport be relocated from the L -Head to the area between the approach lanes of I.H. 37 between Water and Chaparral Streets; d. That the date of October 6, 1969, 7:30 p.m., be set for a joint hearing with the Planning Commission on the proposed change in zoning of the Coles School area, to be held at the Coles Junior High School; e. That the City Manager be authorized to execute a Grant Agreement with the Federal Aviation Agency involving a grant in the amount of $841,800 for the strengthening and extension of runways, drainage and lighting at the International Airport; f. That an adjustment be made in the form of an allowance on all utility bills of customers who paid a garbage pickup charge on two separate periods for which no garbage pickup was mode. This allowance is to be one-half of the normal monthly garbage pickup charge and to be shown on the customer's October, 1969, utility bill by reducing the October pickup charge by one-half. Mayor Blackmon announced the pending zoning case, Cecil Burney - Frank Cech, Application 01063-5, for a change of zoning from "R -1B" to "1-2", on the North 200' of the 8.38 acre Fronk Cech Tract and the North 200' of the 8.0 acre Cecil Burney Tract out of the Hatch Tract, on which a public hearing was held December 4, 1963. City Manager Townsend explained that this case had been reviewed in workshop, and that the six-month extension expires today. He stated that an extension on the case had been granted in April of 1969 in order for a public hearing to be held on the opening of Flores Street, which would include part of this tract; that of the first Commission hearing, denial hqd been recommended because of industrial encroachment into a residential area; that the 20% rule is in effect; and that a Special Permit for three years is recommended subject to the following conditions: 1. Dedication of the right-of-way according to general location 3B according • • Minutes Regular Counci I Meeting September 10, 1969 Page 4 to Feasibility Study Agnes Street to UpRiver Road Connection; 2. Conformance to the Final Site Plan which indicates; a. Building lines of 20 feet on north property line (Hatch Trailer Park), 25 feet on east property line (Rose Hill Cemetery), 30 feet on west property line (Westgate Heights), and a 20 -foot building line on both sides of proposed street; b. A 6 -foot solid fence on the north, east and west property lines; c. Height limitations as shown (45 feet, except 30 feet within 80 feet of Westgate Heights property line as shown); 3. Construction or agreement for construction of required improvements; and that the Special Permit for operation of a warehouse complex be approved subject to the following conditiorse a. That off-street parking and off-street parking requirements be in accordance with Articles 22 & 23 respectively of the Zoning Ordinance; and b. That all outdoor lighting be erected in such a manner as to be directed away from the existing residential areas and the adjacent cemetery. Motion by Roberts, seconded by Bradley and passed, that Application #1063-5, Cecil Burney - Frank Cech, for change of zoning from "R -1B" One -family Dwelling District to "1.2" Light Industrial District be denied, but that a Special Permit for three years be granted subject to the conditions outlined above, and that an ordinance be brought forward effectuating the Special Permit. Mayor Blackmon announced the pending zoning case of F. L. Beck and L. D. Patton, Application #569-3, for change of zoning from "F -R" to "1-2" on Tracts, A, B, C, and D, out of Lot 4, Lokey Addition, located on the South side of the 5900 Block of Holly Road, on which a public hearing was held June 23, 1969. City Manager Townsend explained that these are four 5 -acre tracts which the applicants would like to use for industrial development; that the Council informally voted to grant "1-1"; and that the 20%rule is in effect. The deed restrictions were discussed, and it was decided that the following changes should be made before an ordinance is passed: 1. No buildings or other improvements shall be erected or constructed upon any part of the described lands, or any other utilization thereof, unless the owner thereof shall first have provided a standard screening fence, to be not less than seven (7) feet in height, or such other fence as is approved by the Planning Department of the City of Corpus Christi, on or near the southeasterly boundary of said tract so as to screen such buildings and improvements from the adjoining property situated • • Minutes Regular Council Meeting September 10, 1969 Page 5, directly across from such southeasterly boundary fine from the buildings and improvements to be constructed. Provided, however, that such screening fence or portions of said fence shall be constructed only as land is developed and improved. If said tract of land is developed and improved in stages, said screening fence shall likewise be constructed to coincide with any use of said property specifically including storage, and when said screening fence is constructed in stages it shall extend not less thar twenty-five ((25) feet beyond the farthest extremity of any lot being used, and in the event of erection or construction of a b:.uildirg or improvement on an interior portion of said tract of land which is adjacent to the southeasterly boundary, such screening fence shall extend not less than twenty-five (25) feet from either extremity of such structure. It is further provided that said screening fence shall be maintained by the purchasers under contract, or their heirs, successors, or assigns. Also a 20' setback is required adjacent to residents. 2. Any railway spur track wl-iich may be located upon said tract of land and which would enter the northeasterly boundary of said tract, shall not enter said tract of land from the southeasterly direction, but shall enter said tract from the •Iorthhwester'y direction. 3. These restrictions and covenants are hereby declared to be covenants running with the land, and shall be fully binding upon all persons acquiring all or asy portion of said tract of land, and shall be binding for a period of twenty-five (25; years, or so long as the property adjacent to the southeasterly boundary line of the above-described tract is used for residential purposes, whichever is less. 4. If the parties, or their heirs, ss ccessc:r, or assigns, shall violate or attempt to violate any of the covenants, it shall be lawful for the City of Corpus Christi, or any person or persons owning any real property situated with Bach tract of land, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate such covenant, and either prevent him or them from so doing, or to recover damages or dues for such violations. Motion by Sizemore, seconded by Roberts_ and passed, that Application #569-3, F. L. Beck. and L. D. Patton, for change of zoning from "F -R" Farm Rural District to "1-2" Light Industrial District on Tracts A, 8, C, and D out of Lot 4, Lokey Addition, located on the South • • Minutes Regular Council Meeting September 10, 1969 Page 6 side of the 5900 Block of Holly Road, be approved subject to the above restrictions, and that an ordinance be brought forward effectuating the change. ORDINANCE NO, 9478 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOW- ING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: GOLLIHAR ROAD. GREENWOOD DRIVE TO S.H. 286, UNIT 11; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRE- TARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, 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, Lozano, Bradley, de Ases, McDaniel, Roberts, and Sizemore, present and voting "Aye". ORDINANCE NO, 9479 APPROVING AND ADOPTING THE DIREC'OR OF PUBLIC WORKS WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: GOLLIHAR ROAD FROM GREENWOOD DRIVE TO S.H. 286; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSED AGAINST ABUTTING PROPERTY; THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO"BE HELD OCTOBER 1, 1969, AT 3:00 P.M. TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9480 ADOPTING A NEW POLICY OF STREET ASSESSMENTS APPLICABLE TO ALL STREET IMPROVE- MENT -PROJECTS HEREAFTER CONSTRUCTED IN THE CITY OF CORPUS CHRIST!, BY REPEALING SECTIONS 34-21 AND 34-22 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND THE ADOPTION OF A NEW SECTION, TO BE DESIGNATED SECTION 34-21, IN LIEU OF SAID SECTIONS; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING.AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Roberts, present and voting "Aye"; Sizemore voted "Nay". Minutes Regular Council Meeting September 10, 1969 Page 7 ORDINANCE NO. 9481 • ABANDONING THE 10 -FOOT UTILITY EASEMENT PRESENTLY EXISTING IN LOTS 1, 2, 3, 7, 8, 39, AND 40, BLOCK 6, FLOUR BLUFF CENTER, AS SHOWN BY PLAT RECORDED IN VOLUME 8, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS, UPON DELIVERY TO THE CITY OF A 10- FOOT UTILITY EASEMENT -BEING THE SOUTHWEST 10 FEET OF LOT 8, BLOCK 6, FLOUR BLUFF CENTER, AND A 10 -FOOT UTILITY EASEMENT BEING THE NORTH- EAST 10 FEET OF LOT 38, BLOCK 6, FLOUR BLUFF CENTER, AS SHOWN BY MAP OF RECORD IN VOLUME 8, PAGE 41, NUECES COUNTY, TEXAS MAP RECORDS, WHICH NEW EASEMENTS ARE HEREBY ACCEPTED BY THE CITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9482 ACCEPTING A GRANT OFFER AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, ATTESTED BY THE CITY SECRETARY, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Chatter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". RESOLUTION NO. 9483 A RESOLUTION SUPPORTING HOUSE RESOLUTION 0514 OF THE 91ST CONGRESS, 1ST SESSION, AND H.S.R. 50, SEEKING A FULL AND COMPLETE INVESTIGATION OF CRIME AND DISORDER ON ALL UNITED STATES MILITARY INSTALLATIONS, AT HOME OR ABROAD, The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9484 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 CECIL BURNEY AND FRANK CECH BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION OF A WAREHOUSE COMPLEX SITUATED ON A 9.78 ACRE TRACT OF LAND OUT OF THE FRANK CECH 8.38 ACRE TRACT AND THE CECIL BURNEY 8.0 ACRE TRACT OF LAND IN NUECES COUNTY, TEXAS, BEING MORE FULLY DESCRIBED HEREINAFTER, AND AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 10, 1969 Page 8 • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Mccaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9485 RELEASING A PORTION OF THE UTILITY EASEMENT RESERVED IN ORDINANCE 9455 ON 1HE OCCASION OF THE CLOSING OF A PORTION OF 18TH STREET EXTENDING SOUTHWARD FROM THE RIGHT OF WAY OF MORGAN STREET SO AS TO REDUCE SAID UTILITY EASEMENT TO A WIDTH OF TWENTY-FIVE (25) FEET ALONG THE WESTERN SIDE AND WITHIN THE FORMER RIGHT OF WAY OF SAID 18TH STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned.