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HomeMy WebLinkAboutMinutes City Council - 02/11/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 11, 1970 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 Norman L. Martin of Corpus Christi Seventh Day Adventist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of January 28, 1970, were approved as submitted to the Council. Mr. Sheridan C. Lewis, President of the Boys' Club of Corpus Christi, in association with Mr. Oscar S. Wyatt, Jr., appeared and read a letter addressed to the Council individually. (Council Exhibit #5-70). The letter stated that Mr. Wyatt is a major contributor to the Boys' Club to the extent of $54,090, which makes possible the ability of that organization to tender to the City of Corpus Christi the sum of $71,590.00, in full and final repayment of funds advanced by the City to the contractor for the construction of the Boys' Club building on Greenwood Drive. Mr. Lewis stated that completion of this building is a result of twelve years and four months of struggle inspired by the faith of those in the poverty area that their dream would some day come true, and that this will end one of the greatest achievements of his life. He expressed appreciation to the Boys' Club members, staff, officers and directors; and to members of the City Staff, under the super- vision of City Manager Marvin Townsend, for cooperation, aid and assistance, in this project. In making the presentation of payment, Mr. Lewis asked Mr. Townsend to verify the checks, and asked him if the Council understood that Mr. Wyatt's commit- ment to the Boys' Club had been made well in advance of the present controversy that exists between him and the City Council. Mr. Townsend stated that this was understood. Mayor Blackmon, on behalf of members of the Council and the City Manager, expressed appreciation and commended Mr. Lewis for his work for the Boys' Club. • • Minutes Regular Council Meeting February 11, 1970 Page 2 Mr. Wyatt and a delegation of Boys' Club members and their parents were present for the occasion. Mayor Blackmon read and presented proclamations as follows: LULAC WEEK, February 16 through 22, 1970, in recognition of the organization's 41st year in existence, founded by Ben Garza as its first National President, and of its efforts to improve the conditions of Mexican -American citizens, and urged all citizens of all groups to continue working to bring about greater progress for the community and better understanding among all people. The proclamation was received by Mr. Lewis G. Wilmot, Chairman of proclamation Committee for LULACS Week. Mayor Blackmon recognized and presented Certificates of Attendance to members of the Student Council of Cunningham Junior High School as follows: Luis Fraga, Lonzo Bryant, Joe Guerrero, Anna Arismendi, Bill Cana, and David Hinojosa. The students were accompanied by their sponsors, Mr. and Mrs. G. P. Wetzel. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "f" be accepted, and that the requests and recommenda- tions be granted and approved as follows: a. That the plans and specifications for the construction of the swim- ming pool to be located n,ar Brownlee and Winnebago, be approved, and the authority to advertise for bids to be received on March 4, 1970, be granted; b. That the City Manager be authorized to sign a minor amendment to the F.A.A. electrical supply contract to provide for 96 -hour advance notice for any planned outages; c. That the plans and specifications for improvements around the transit system yard including the closing of Lake Street between Alameda and Sam Rankin, the relocation of Winnebago, the construction of sidewalks around the transit yard, and the reconstruction of the bus parking areas, be approved, and that the authority to advertise for bids to be received on March 11, 1970, be granted; d. That the award of a contract for one Jacobsen Greens King Mower #62210, be made to Watson Distributing Company of San Antonio, Texas, on the basis of their low bid meeting specifications in the amount of $2,995.00; (Bid Tabulation #3-70) • • Minutes Regular Council Meeting February 11, 1970 Page 3 e. That the authority to advertise for bids to be received on March 18, 1970, for the sewage treatment plant, force main and lift station, to serve the South Gate area of Flour Bluff, be granted; f. That Reagan and McCaughan be authorized to develop alternate plans for a 24" water main from Flour Bluff Drive to the Intercoastal Canal based on Padre Island Investment Corporation's proposal to pay the costs of the increased pipe size; and that a study be made to determine the feasibility of double cross- ings using two 16" lines instead of the 24" line for the Council's approval before the contract is awarded. ORDINANCE N0. 9641 THIRD READING OF AN ORDINANCE GRANTING SOUTHWESTERN OIL & REFINING COMPANY AN EXTENSION FOR A PERIOD OF FIVE YEARS OF THE EXISTING FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE CERTAIN PIPE LINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BENEATH AND EXTENDING ACROSS WEST BROADWAY STREET AND NORTH PORT AVENUE FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS; SUCH FRANCHISE BEING GRANTED BY ORDINANCE NO. 7203 FILED IN VOLUME 45 OF THE ORDINANCE RECORDS OF THE CITY OF CORPUS CHRISTI, AS FINALLY PASSED APRIL 22, 1964; MAKING SUCH FRANCHISE AS EXTENDED BINDING UPON GRANTEE, ITS SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE THEREOF BY GRANTEE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley,de Ases,:McDaniel, Roberts,and Sizemore, present and voting "Aye." ORDINANCE NO. 9642 THIRD READING OF AN ORDINANCE GRANTING SOUTHWESTERN OIL & REFINING COMPANY AN EXTENSION FOR A PERIOD OF FIVE YEARS OF THE PRESENT FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A PIPE LINE TWO INCHES IN DIAMETER FOR THE TRANSPORTATION OF BUTANE ALONG THE WEST BOUNDARY LINE OF THE RIGHT OF WAY OF NUECES BAY BOULEVARD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, AS READ AND FINALLY PASSED ON NNE 23, 1954, AND BEING ORDINANCE N0. 3791, RECORDED IN VOLUME 22 OF THE ORDINANCE RECORDS OF THE CITY OF CORPUS CHRISTI, TEXAS, MAKING SUCH FRANCHISE AS PREVIOUSLY EXTENDED AND AS HEREBY EXTENDED BINDING ON GRANTEE'S SUCCESSORS AND ASSIGNS; PROVIDING FOR ACCEPTANCE BY GRANTEE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO. 9643 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 SEC OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 27,"FRONT AND SIDE YARD REGULATIONS", BY AMENDING • Minutes Regular Council Meeting February 11, 1970 Page 4 SUBSECTION 27-3.03.02 SO AS TO ELIMINATE THE REQUIREMENT OF PROVIDING TWO FRONT YARDS ON A THROUGH LOT WHEN A NOTE APPEARS ON A RECORDED PLAT RESTRICTING ACCESS TO ONE OF THE ABUTTING STREETS, AND PERMITTING MINIMUM REAR YARD SETBACK ACCORDING TO THE APPLICABLE ZONING DISTRICT; AMENDING SUBSECTION 27-3.03.03 BY REMOVING SAID SUBSECTION FROM SECTION 27-3.03 FRONT YARDS AND ADDING THE SAME TO SECTION 27-3.04 SIDE YARDS AND RENUMBERING THE SANE AS SUBSECTION 27-3.04.05; THAT A NEW SUBSECTION 27-3.03,03 BE ADDED, PROVIDING OR MAKING AVAILABLE A GREATER BUILDABLE AREA ON A LOT LOCATED ON A CUL-DE-SAC OR ON A KNUCKLE WHERE A STREET MAKES A TURN; AMENDING SUBSECTION 27-3.03.04 BY REMOVING SAID SUBSECTION FROM SECTION 27-3.03 FRONT YARDS AND ADDING THE SAME AS A NEW SUBSECTION TO SECTION 27-3.04 SIDE YARDS, TO BE NUMBERED SUBSECTION 27-3.04.06 AND AMENDED SO AS TO PROVIDE THAT A GARAGE FRONTING ON A SIDE STREET WILL BE REQUIRED TO MAINTAIN TWENTY FEET (20') SET BACK; RENUMBERING SUBSECTIONS 27-3.03.05 AND 27-3.03.06 TO HEREAFTER BE DESIGNATED AS 27-3.03.04 AND 27-3.03.05, RESPECTIVELY; AMENDING SUBSECTION 27-3.04.04 SO AS TO MAKE AVAIL- ABLE MORE BUILDABLE AREA ON BUTT LOTS OR REVERSE CORNER LOTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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, Roberts and Sizemore, present and voting "Aye." Mayor Blackmon submitted the following changes in election judges, alternates and polling places, for the February 14 election, as recommended by City Secretary Ray Kring: Precinct 2 Mrs. J. M. Wagner, Alternate Judge Precinct 8 Tony Ramos, Judge Precinct 12 Mrs. Daniel Martinez; Alternate Judge Precinct 24 Mrs. Ruth B. Gill, Judge Mrs. Betty DeBrosse, Alternate Judge Precinct 25 Mrs. Anton Fritz, Alternate Judge Precinct 29 Mrs. J. P. Gonzales, Judge Mrs. Cleo Fulton, Alternate Judge Precinct 30 Mrs. Edith H. Rincon, Judge Paul R. Alaniz, Alternate Judge Precinct 33 Mrs. B. Seale, Alternate Judge Precinct 34 Mr. Dewey Nix, Judge Mr. P. M. Goff, Alternate Judge Precinct 48 Mrs. Kay Holsclaw, Judge Mr. J. Portwood Alley, Alternate Judge Precinct 11 Change of Polling Place from 2824 Ruth to Segunda Iglesia Bautista at 2924 Ruth Motion by Sizemore, seconded by de Ases and passed, that the foregoing substitutions in election judges, alternates and Polling Place, be approved. Mr. Maurice Cochran, former City Manager of this City for a short period in 1949 and noW living in Rockport, was recognized. He stated he was speaking as an interested water consummer which dates back to the time he was City Manager, and wished to make a statement with reference to the City's present dilemma on the question of its future water supply. He stated he does not believe either proposed damsite will produce an adequate water supply 20 years from now, and feels the City • • Minutes Regular Council Meeting February 11, 1970 Page 5 should look for outside water supply possibilities, such as river water being lost in the Gulf of Mexico, the potential supply from desalinization of Gulf waters, and recommended that the City conserve its finances for these purposes. Mayor Blackmon declared a 20 -minute recess before the scheduled public hearings set for 3:00 p.m. Mayor Blackmon reconvened the meeting at 3:00 p.m. and asked that it be noted that all members of the Council were present and the required Charter officers. He stated the purpose of the meeting was to hold public hearings on three zoning applications, and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application #170-1, The Planning Commission, for change of zoning as follows: TRACT "A", from "B-1" Neighborhood Business District to "B-4" General Business District, on Lot 1, Block 1; Lots 1A, 1B, 2, 3 and 4, Block 2, Avalon Place; and Lot B, Town & Country Shopping Center; TRACT "B", from "B-4" General Business District to "B-1" Neighborhood Business District, on Lots 1 through 4, Block 1, Alameda Park; TRACT "C",from "R -1B" One -family Dwelling District to "R-2" Two-family Dwelling District, on Lots 1 through 5, Block 5; Lots 1 through 4, Block 6, Alameda Park; all three tracts being that property located in the 4200 & 4300 Blocks of South Alameda & Avalon Streets. Senior City Planner Larry Wenger presented the application; located the property on the zoning and land use map and described the zoning classifications in the surrounding area; stated that the application was heard by the Planning Commission January 6, 1970, at which time the Staff explained the existing zoning and land use in the area, and pointed out that the request was initiated in an effort to make zoning in the area more uniform, and that recently several appli- cations for rezoning have been made. He explained that "B-4" was recommended for Tract "A" because it would make a logical extension of the "B-4" zoning on three sides, and that it would offer a broader range of uses and permit larger signs; that the properties contained in Tract "B" were rezoned in 1962 from "B-1" to "B-4" and now are proposed to be zoned back to "B-1" which the Staff felt would be a more logical buffer between the heavier zoning to the north and residential zoning adjacent to the property on the south and would also eliminate larger and Minutes Regular Council Meeting February 11, 1970 Page 6 blinking signs; and that "R-2" was recommended by the Staff for Tract "C" to serve as a buffer between the existing business zoning to the north across Avalon Place and the single-family dwelling district to the south. Mr. Wenger stated that no one spoke in opposition to the proposed rezoning of Tract "A" and Tract "C"; that a representative of the owner of the four lots of Tract "B" spoke in opposition stating that these lots were rezoned from "B-1" to "B-4" several years ago because the property was being utilized with "B-4" uses; that there is no logical reason for rezoning the property to "B-1"; and that it would create a severe hardship and decrease the value of his property. Mr. Wenger stated that the Staff mailed out sixty notices, three received in favor, six in opposition, and that of the six in opposition, one was opposed to rezoning of Tract "A", one opposed to Tract "B", and four in opposition to Tract "C". He stated it was the recommendation of the Planning Commission that the request for rezoning Tracts "A" and "C" be approved as requested, and that the request for rezoning of Tract "B" be denied. City Manager Tot send pointed out that since the Planning Commission had made the application, but had voted to deny the requested change of zoning on Tract "B", this would constitute an automatic withdrawal and should .be excluded. No one appeared to speak in favor or in opposition to the foregoing application. Motion by de Ases, seconded by Roberts and passed, that the hearing be closed. Motion by Sizemore, seconded by Roberts and passed, with de Ases voting "Nay" on Tract "C", that the recommendation of the Planning Commission be con- curred in and that Application #170-1, The Planning Commission, for change of zon- ing on TRACT "A", from "B-1" Neighborhood Business District to "B-4" General Busi- ness District on Lot 1, Block 1; Lots 1A, 1B, 2, 3, & 4, Block 2, Avalon Place; and Lot B, Town & Country Shopping Center, be approved; and that the zoning on TRACT "C", from "R -1B" Single-family Dwelling District to "R-2" Two-family Dwel- ling District on Lots 1 through 5, Block 5; Lots 1 through 4, Block 6, Alameda Park, be approved, and that an ordinance be brought forward effectuating the change of zoning on TRACTS "A" and "C". Mayor Blackmon announced the public hearing on Application #170-2, The Planning Commission, for change of zoning from "R -1B" One -family Dwting District • • Minutes Regular Council Meeting February 11, 1970 Page 7 to "A-1" Apartment House District, on Lots 21, 22 & 24, Block 6, Cabaniss Acres, located on the South side in the 2300 Block of Joyce Drive. Larry Wenger described the location of the property and pointed out the existing zoning and land uses in the surrounding area; stated that this request was initiated following the change of zoning to "A-1" on Lots 23A and 23B, located between Lots 22 and 24 of this request (File #1269-3). He explained that itwas the opinion of the Staff that "A-1" zoning would serve as a logical buffer between the industrial zoning fronting on Chapman Ranch Road and across Joyce Drive to the North of Holly Road. He stated no one appeared at the Commission hearing held on January 6, 1970, in opposition; that the Staff mailed out twenty notices, one received in favor, and one in opposition; and that it was the recommendation of the Commission that the request be approved. Mr. Jim Pries, representing Coastal Bend Enterprises (File #1269-3), owners of Lots 23A and 23B, stated they plan to develop this property as an apart- ment complex if the zoning is approved; stated that he had communicated with the neighbors in the area and it is agreed that the requested "A-1" zoning is in keep- ing with the existing uses. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by de Ases and passed, that the hearing be closed. Motion by de Ases, seconded by Bradley and passed, that the recommenda- tion of the Planning Commission be concurred in and that Application #170-2, The Planning Commission, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lots 21, 22 & 24, Block 6, Cabaniss Acres, located on the South side in the 2300 Block of Joyce Drive, be approved, and that an ordinance be brought forward effectuating the change, Mayor Blackmon announced the public hearing on Application #170-3, Othel J. Thompson, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, on the South 150 feet of Lots 3 & 4, Block F, Lexington Place, located in the 2900 Block of South Padre Island Drive. Larry Wenger located the property on the map and described the existing zoning and land uses in the surrounding area; stated that at the Commission hearing • Minutes Regular Council Meeting February 11, 1970 Page 8 held January 6, 1970, Mr. Harold Thomas, attorney representing the applicant, appeared and presented a plot plan of the proposed expansion of the existing Special Permit granted to A-1 U -Store -It Warehouse adjacent to the west of the subject property. Mr. Wenger stated that no one appeared in opposition; that the Staff mailed out four notices, none received in favor nor in opposition; that it was the recommendation of the Planning Commission that the application be denied, but in lieu thereof a Special Permit be granted for storage facilities according to the plot plan submitted. Mr. Wenger presented the plot plan to the Council as approved by the Commission. City Manager Townsend questioned the provision for access to the prop- erty, stating it would appear that an amendment to the Special Permit would be necessary. He further pointed out that there still exists some question as to whether or not the sign on the A-1 U -Store -It Warehouse property is in violation. Mr. Harold Thomas, attorney representing the applicant, stated he felt the point brought out relative to the sign on the Special Permit property was not germane. He explained that the two buildings will have 26 units which will be used for storage; that the operation will be quiet, and that the property will be fenced on the north and ea::L sides which will screen it from the school area at the rear. He stated that Special Permit would be satisfactory if they are allowed to utilize the property as they propose, but that "I-2" is preferred. He stated they would ask that a provision be set out in the ordinance to permit the reloca- tion of the fence to the east side of Block "F". He pointed out a discrepancy in the number of feet shown on the plot plan and stated the figure should be 150 feet instead of 165. Mr. Allen Hutchinson,manager of the Warehouse property, appeared and stated that they had communicated with the City Attorney's office regarding the sign of Victor's Appliances & Television Center, and that they were given an opinion that if any reference to any other location by address or telephone number was deleted from the sign, the remainder of the sign would not be in violation, and that the sign has no such reference. No one appeared in opposition to the foregoing request. • 0 Minutes Regular Council Meeting February 11, 1970 Page 9 Commissioner Bradley stated he felt the problem of the sign on the Special Permit property adjacent to the subject property should be resolved before the permit is amended. Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, that the foregoing application be tabled for further consideration. Mayor Blackmon directed that the minutes reflect the passing of B. Green Moffett who served on the City Council in 1943-1945. He further noted that he had been identilied in public life for many years and had contributed substan- tially to the growth and progress of our City. His demise will be mourned by his many friends. Mayor Blackmon directed further that the flag be flown at half mast the day of his internment. There being no further business to come before the Council, the meet- ing was adjourned.