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HomeMy WebLinkAboutMinutes City Council - 01/21/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 21, 1970 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases 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 Warren J. Piersol, Pastor of Faith Assembly of God Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Bradley and passed, that the absence of Commissioner McDaniel be excused for just cause. The Minutes of the Regular Council Meeting of January 7, 1970, were approved as submitted to the Council. Mayor Blackmon read a proclamation designating January 25, 1970, as KANSAS DAY in Corpus Christi, the day on which transplanted Kansans in this area, and Kansas tourists assemble on the Sunday nearest the day Kansas became a state in 1861, for a "Kansas Day" picnic and celebration of their native state. The proclamation was presented to Mr. and Mrs. Guy Winstead. Mayor Blackmon recognized and presented Certificates of Attendance to visiting members of the Student Council of Cullen Junior High School as follows: Ted Flato, Molly Cagle, Hal Ellsworth, David Beadle, Kelly Greene and Allen Stone. They were accompanied by their sponsor, Mr. Leroy DeHaven. Bids were opened and read for the improvement of Navigation Boulevard, from Bear Lane to Highway 44, from the following firms: King Construction Company; CRM Contractors; Asphalt Paving Company; Fowco Construction Company; Heldenfels Brothers, Inc.; South Texas Construction Company; and Surf -Tex Construction Com- pany. The foregoing bids were tabled for 48 hours in accordance with the re- quirements of the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Blackmon presented the names of Mr. N. R. Johnston & Felix Kelinske for appointment to the Electrical Advisory Board increasing the quorum requirement • Minutes Regular Council Meeting January 21, 1970 Page 2 from four to five because of the expansion of the board to nine members. Motion by Bradley, seconded by de Ases and passed, that the foregoing nominations for appointment to the Electrical Advisory Board be confirmed and approved. Mayor Blackmon announced the public hearing on Application #1269-1, Dr. C. E. Padgett, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lot 1, Block 7, Gardendale #1, located in the 5600 Block of Everhart Road on the Southeast corner of the intersec- tion of Cain Drive & Everhart. Senior City Planner Larry Wenger located the property on the map and pointed out the zoning and land uses in the surrounding area; stated that at the Commission hearing held December 9, 1969, Mr. Tim Clower, realtor representing the applicant, explained the proposed use of the property, indicating they proposed to use part of the site for a dental office with ample off-street parking pro- vided, and that the proposed use would be in keeping with the present character of the neighborhood; and that there is a possibility of establishing a florist shop, drug store, beauty parlor and barbershop at a future date if the zoning is granted. Mr. Wenger stated that one other person spoke in favor of the request, and one in opposition; that prior to the hearing, the Staff mailed out fifteen notices, six received in favor, one in opposition, and a letter received in opposition from Saratoga Land Company; that it was the recommendation of the Staff that the South 180 feet of the area be zoned "B-1" and that the North 120 feet remain "R -1B" so that it will provide a buffer between the proposed business and the existing residential uses facing Cain Drive; and that the Planning Commis- sion's recommendation was that the request be approved as submitted. A discussion followed relative to the Staff's recommendation that the line between the "B-1" and "R -1B" zoning be in the middle of the lot pointing out that the remaining 120 feet zoned "R -1B" would be useless for any purpose. City Manager Townsend pointed out that the buffer zone would be the North 120 feet of the lot which would face Cain Drive. Mr. Tim Clower spoke on behalf of the request, and stated he did not agree with the Staff's recommendation that the break in the zoning be in the • Minutes Regular Council Meeting January 21, 1970 Page 3 middle of the lot. He stated he felt it should be the same all the way to Cain Drive. Mr. Clower stated that nearby property owners were in favor of the proposed zoning change; presented slides of the various businesses on adjacent and surround- ing properties which included a site for a future Shamrock Service Station at the corner of Everhart and Holly Roads, a veterinary clinic, one-hour Martinizing Cleaning service, an Enco Service Station, Maverick Market, the Four Seasons Nursing Home, a liquor store, and single-family residences. He presented a floor plan of the proposed dental office building, stating that adequate off-street parking would be provided, and that it was his opinion that this use would be in keeping with the area because of the businesses already established there. No one appeared in opposition to the foregoing application. Motion by Lozano, seconded by Sizemore and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts that the recommendation of the Planning Commission be concurred in and that the foregoing application be approved as requested. The question of whether or not the approval of "B-1" zoning on the entire tract would be contrary to the Everhart Zoning Study, was discussed. It was pointed out that Lots 3A & 3B are involved in the overall Everhart Study, but that the residents may not be aware of the plan. Motion by de Ases, seconded by Bradley and passed, with Sizemore voting "Nay", that Application #1269-1, Dr. C. E. Padgett, be tabled for further considera- tion. Mayor Blackmon announced the public hearing on Application #1269-2, Mr. Frank Peerman, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, on a 40.61 -acre tract of land out of Lot 7, Sec- tion 4, Bohemian Colony Lands, located on the South side in the 1900 Block of South Padre Island Drive. Larry Wenger located the property on the map and pointed out the zoning and land uses in the surrounding area; stated the; property is located south of Padre Island Drive where the Interchange is being constructed, and adjacent to the State Highway Department Office & Yard, and that the land is presently under Minutes Regular Council Meeting January 21, 1970 Page 4 cultivation; stated that at the Commission hearing held December 9, 1969, Mr, Peerman appeared and stated that before deciding any specific use for the property, it was necessary to have the desired zoning which would be comparable to the area and in the highest and best use in view of its proximity to the Padre Island Express- way. Mr. Wenger stated that no one appeared at the hearing in opposition; that prior to the hearing, the Staff mailed out seven notices, one received in favor and none in opposition; that it was the recommendation of the Staff that the front 20 acres facing on Padre Island Drive be zoned "I-1" Limited Industrial District, and the rear 20 acres be zoned "I-2" Light Industrial District, for the reason they felt the frontage should be maintained in a more aesthetic appearance than "I-2" would allow; that the atmosphere of an industrial park concept should be maintained; and that it was the recommendation of the Planning Commission that the request be approved as applied for. Mr. Frank Peerman, applicant, stated that they had made an analysis of the entire area to determine the best use of the land before proceeding with plans for development. He described the Highway Department operation next door as being noisy, and stated that the area at the rear is used for bulk storage; that because of the difficult access to the property, he felt that the zoning should be character- ized with that of the Highway Department. He further pointed out that the zoning applied for allows a broader choice of uses,and that because Of the pattern set by the business uses on Padre Island Drive, it is felt that "I-2" will be the most desirable zoning for this property. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the recommenda- tion of the Planning Commission be concurred in and that Application #1269-1, Frank Peerman, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, on a 40.61 -acre tract of land out of Lot 7, Sec- tion 4, Bohemian Colony Lands, located on the South side in the 1900 Block of South Padre Island Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. • • Minytes RegularCouncil Meeting January 21, 1970 Page 5 Mayor Blackmon announced the public hearing on Application #1269-3, Coastal Bend Enterprises, Inc., for change of zoning from "R-2" Two-family Dwelling District to "A-1" Apartment House District, on Lots 23A & 23B, Block 6, Cabaniss Acres, located on the South side in the 2300 Block of Joyce Drive. City Manager Townsend stated that the foregoing application had been heard by the Planning Commission on December 9, 1969; that the applicant had appeared and stated he proposed to add an additional six -unit apartment building at the rear of his existing project; that no one appeared in opposition to the request; and that it was the recommendation of both the Planning Staff and the Com- mission that it be approved as requested. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by Sizemore, seconded by Bradley and passed, that the recommenda- tion of the Staff and Planning Commission be concurred in and that Application #1269-3, Coastal Bend Enterprises, Inc., for change of zoning from "R-2" Two- family Dwelling District to "A-1" Apartment House District, on Lots 23A & 23B, Block 6, Cabaniss Acres, located on the South side in the 2300 Block of Joyce Drive, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Blackmon announced the public hearing on proposed Text Amendments to Article 27, Front Yard and Side Yard Regulations, of the Corpus Christi Zoning Ordinance. City Manager Townsend stated that the recommendations had been advertised in the form approved by the Commission at a meeting held December 9, 1969, and that since that time, he had reviewed with the Staff the proposed amendments, and that they had agreed that some minor changes in the wording should be reconsidered. The recommendations approved by the Commission December 9, 1969, and as advertised are as follows: 1. Amend Subsection 27-3.03.02 to hereafter read as follows: 27-3.03.02 On through lots the required front yard shall be provided on each street except where it is intended to back structures upon a street; in such cases the required rear yard shall be the minimum as required by the applicable zoning district and shall not have access to such street. • • Minutes Regular Council Meeting January 21, 1970 Page 6 2. Remove Subsection 27-3.03.03 from Section 27-3.03 Front Yards and add it to Section 27-3,04 Side Yards as a new subsection to be designated as 27-3.04.05. 3. Add a new Subsection 27-3.03.03 in lieu thereof to read as follows: 27-3.03.03 Where a front building line has been established by an official plat, such building line shall be considered as the established building line even though such line may be greater or less than required by this Ordinance. 4. Delete Subsection 27-3.03.04 from Section 27-3.03 Front Yards and add it to Section 27-3.04 Side Yards as a new subsection to be desig- nated as 27-3.04.06 and amended to hereafter read as follows: 27-3.04.06 Private garages detached or attached to the main building in residential districts only and entering on the side street of a corner lot shall maintain a yard of twenty (20) feet from such entrance in front of the garage fronting on such side street. 5. Renumber the present Subsections 27-3.03.05 and 27-3.03.06 to 27-3.03.04 and 27-3.03.05 consecutively. 6. Delete Subsection 27-3.04.04 in its entirety and insert in lieu thereof a new Subsection 27-3.04.04 to read as follows: 27-3.04.04 Where a side building line has been established by an official plat for a corner lot, such building line shall be com- sidered as the established building line for the main building only, even though such line may be greater or less than required by this Ordinance except as provided for in Section 27-3.04.06. The Staff's amended recommendations are as follows: a. That Subsection 27-3.03.02 be amended to read as follows: 27-3.03.02 On through lots the required front yard shall be provided on each street except where a note appears on a recorded plat restricting access to one of the abutting streets; in such case the required rear yard shall be the minimum as required by the applicable zoning district, b. That Subsection 27-3.03.03 be amended to read as follows: 27-3.03.03 The front building line around the circular portion of a cul-de-sac may be reduced to no less than fifteen (15) feet. c. That Subsection 27-3.04.04 be deleted in its entirety. (The Planning Staff does not now recommend this amendment since the type of loting this would allow is not considered good planning. The lots where this now exists can be handled by the Board of Adjustment under the Special Yard Exception.) No one appeared to speak in favor or in opposition to the foregoing proposed amendments to the Text to the Zoning Ordinance. Motion by de Ases, seconded by Roberts and passed, that the hearing be recessed for two weeks and that the amended recommendations be referred to the Planning Commission for their approval. • Minutes Regular Council Meeting January 21, 1970 Page 7 Mr. Wm. G. Barfield, 938 Cunningham, appeared and stated that this would be the last of his numerous appearances before the City Council to protest air pollution practices by petrochemical plants in this area. He stated that his nursery business on Tropical Lane is being damaged by gaseous emissions from these plants, and alleged that dumping of waste materials into the Ship Channel is being conducted under cover of night. He exhibited a box containing some 100 orchids to demonstrate the alleged damage by the emission of chlorine from a chemical plant on Christmas Day. He stated the plants do not develop fully and that some are burned from the pollution. He stated that the problem of air pollution is growing worse, and to substantiate his assertion, suggested that the Council communicate with the Rockefeller Institute in New York, who has conducted studies of the asso- ciation of lung diseases with air pollution and the resulting death rate increase. He stated that if something is not done, he will take the matter elsewhere. Mr. Barfield was advised to report any violations, such as dumping waste materials into the Ship Channel at night, to the Public Health Engineer, Albert Cock, and was invited by Commissioner de Ases to accompany Mr. Cock and himself on a planned inspection tour of the industrial district of the City. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by de Ases and passed, that the City Manager's Reports, Items "a" through "i" be accepted, and that the requests and recommenda- tions be granted and approved as follows: a. That the purchase of the Flour Bluff elevated water tank site from Jon B. Held for $2,000, which site is 200' x 200', approved by FAA, and access easements obtained from Mr. Held and Judge Hamilton at no cost, be approved; b. That the acquisition of Parcel No. 1 for Elgin Park from Mr. and Mrs. Hilario Gonzales for the approved value of $4,900, be approved, and an appropriation in the amount of $10,442, including $242 of related costs, be authorized; c. That the values for the acquisition of the swimming pool site at Brownlee and Winnebago Streets be approved, and that Parcel No. 1 be acquired from Mr. I. W. Shaffer for the appraised value of $2,500; • Minutes Regular Council Meeting January 21, 1970 Page 8 d. That a change order to the Gollihar Road contract for the construc- tion of a sidewalk along Bernandino from Gollihar almost to Delgado, adjacent to school property and requested by the School District, said School District to pay what its assessment would have been in the amount of $1,533, be approved; e. That the award of a contract to Jim Brown Marine Service for the furnishing and installing two marine inboard engines in the Corpus Christi Marina Patrol Boat, for their bid of $4,365.81, the only bid received, be approved; (Bid Tabulation #1-70) f. That the authority to advertise for bids to be received on February 10, 1970,on athree-wheel police vehicle, as budgeted, be granted; g. That the sewer construction crew be authorized to begin construction on the Flour Bluff Center Laterals, to serve Stone, Oberste, Jonnell, Central, Barton, Preston, Baywood and O'Neill Streets, at an estimated cost of $152,000; h. That the Electrical Licensing Ordinance be amended to increase the quorum requirement from four to five because of the expansion of the Board to nine members; i. That the firm of Page, Southerland, Page & Whittet, be selected as the architect for the expansion of the Corpus Christi Museum. ORDINANCE N0. 9607 APPROPRIATING OUT OF N0. 202 WATER BOND FUND THE SUM OF $2,091, OF WHICH AMOUNT $2,000 IS FOR ACQUISITION OF PARCEL N0. 4 AND $91 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, APPLICABLE TO PROJECT NO. 202-68-29.2, ELEVATED WATER TANK SITE, FLOUR BLUFF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNER, JON B. HELD; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. ORDINANCE N0. 9608 APPROPRIATING OUT OF NO. 291, PARK BOND FUND THE SUM OF $10,442 OF WHICH AMOUNT $5,300 IS FOR ACQUISITION OF PARCEL N0. 1, $5,020 IS FOR ACQUISITION OF PARCEL NO. 6 AND $242 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, APPLICABLE TO PROJECT NO. 291-64-4, ELGIN PARK; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH THE OWNERS OF PARCEL N0. 1, DIEGO AVILA AND WIFE ISABEL AVILA AND WITH THE WONERS OF PARCEL N0. 6, HILARIO GONZALEZ AND WIFE ROSA GONZALEZ OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. 1 • Minutes Regular Council Meeting January 21, 1970 Page 9 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 9609 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND BY CHANGE ORDER THE CITY'S CONTRACT WITH ASPHALT PAVING COMPANY TO INCLUDE CONSTRUCTION OF 750 LINEAR FEET OF SIDEWALK IMPROVEMENTS ALONG BERNANDINO STREET AS REQUESTED BY THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, AND APPROPRIATING OUT OF NO, 220 STREET BOND FUND THE SUM OF $1,800 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO, 9508, APPLICABLE TO CONSTRUCTION CONTINGENCIES FOR GOLLIHAR ROAD UNIT II, GREENWOOD DRIVE TO STATE HIGHWAY 286, PROJECT NO. 220-67-86; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 9610 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A SUPPLEMENT TO CONTRACT WITH ALLRIGHT CORPUS CHRISTI, INC., WHICH WAS AUTHORIZED BY ORDINANCE 8963, A COPY OF SAID SUPPLEMENT TO CON- TRACT BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent, ORDINANCE NO. 9611 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $155,000 FOR CONSTRUCTION OF 8211 FEET OF 10 INCH AND 8 INCH SANITARY SEWER LATERAL LINES AND 7342 FEET OF 6 INCH AND 4 INCH SEWER TAPS IN FLOUR BLUFF CENTER SUBDIVISION PROJECT NO. 250-67-78, TO BE PERFORMED BY CITY FORCES; AUTHORIZING THE REIMBURSE- MENT OF 109 SEWER FUND FOR ALL AMOUNTS ADVANCED AND TO BE ADVANCED FOR LABOR AND MATERIALS FOR THIS PROJECT FROM SAID 109 SEWER FUND; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 9612 AMENDING ORDINANCE NO. 9499, GENERALLY REFERRED TO AS "THE ELECTRICAL LICENSING ORDINANCE OF THE CITY OF CORPUS CHRISTI", PASSED ON SEPTEMBER 24, 1969, AS AMENDED, BY AMENDING SECTION 1-6: QUORUM TO HEREAFTER PROVIDE FOR A QUORUM TO CONSIST OF FIVE (5) MEMBERS; REPEALING ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS 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, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. • Minutes Regular Council Meeting January 21, 1970 Page 10 ORDINANCE NO. 9613 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A REAL ESTATE SALES CONTRACT WITH THE OWNER, I. W. SHAFFER, FOR ACQUISITION OF PARCEL NO. 3, BEING A TRACT OF LAND OUT OF LOT 3, BLOCK 2, CRAVEN HEIGHTS, AS A PART OF THE SITE OF A CITY SWIMMING POOL TO BE CONSTRUCTED ON A TRACT OF LAND AT BROWNLEE AND WINNEBAGO STREETS IN THE CITY OF CORPUS CHRISTI; AUTHORIZ- ING THE ACQUISITION COSTS TO BE PAID OUT OF THE UNALLOCATED PORTION OF THE GENERAL FUND OF THE CITY, TO BE REIMBURSED OUT OF BOND FUNDS IF AND WHEN SUCH FUNDS ARE PROVIDED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. ORDINANCE NO. 9614 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF LOCATION OF ANOTHER DAM ON THE NUECES WATERSHED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. ORDINANCE NO, 9615 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF THE FOLLOWING BONDS: $1,700,000 PARK IMPROVEMENT BONDS; $2,470,000 DRAINAGE IMPROVEMENT BONDS; $980,000 SERVICE CENTER DEVELOP- MENT BONDS; $2,100,000 SANITARY SEWER IMPROVEMENT BONDS; $250,000 MARINA IMPROVE- MENT BONDS; $4,910,000 STREET IMPROVEMENT BONDS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following -vote: Blackmon, Lozano, Bradley, de Ases, Roberts and Sizemore, present and voting "Aye"; McDaniel absent. There being no further business to come before the Council, the meeting was adjourned.