Loading...
HomeMy WebLinkAboutMinutes City Council - 06/17/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 17, 1970 2:00 p,m. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend Acting City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order and called on Commissioner W. J. Roberts to give the invocation in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Sizemore, seconded by Lozano and passed, that the absence of Commissioner de Ases be excused for just cause. The Minutes of the Regular.Council Meeting of June 3, 1970, were approved as presented to the Council. Mayor Blackmon announced the public hearing for the closing of the dedicated but unopened street located between Padre Island Drive and South Park Junior High School, described as the Northwest 25' of Lots 1 and 4, Block G, and the Southwest 25' of Lot 2 and 3, Block F Lexington Place Subdivision. City Manager Townsend explained that the request had been made by Mr. Harold A. Thomas on behalf of A-1 U -Store -It Warehouse,Inc., the owner of Lot 2 and the south 150' of Lot 3 of Block F, Lexington Place, and Corpus Christi Dotson, Inc., the owner of Lot 1 and the South 150' of Lot 4, Block G, Lexington Place, and stated that these ftwa owners are requesting the closing and abandonment of the 50' right of way easement, the center line of which is the common line of the lots owned by the two abovenamed persons. He stated that Corpus Christi Independent School District owns the remainder of Lot 3, Block F, and Lot 4, Block G, Lexington Place which abuts the terminal end of the right of way involved, but has no interest in the use of the right of way easement to its property. Mr. Townsend stated that there are no utilities in the easement; that the Staff interposes no objection to the proposed closing, and it is therefore recommended that the street be closed. s Minutes Regular Council Meeting June 17, 1970 Page 2 Mr. Harold Thomas spoke on behalf of the abutting property owners, and explained that the street had never been used or maintained, that it serves no purpose now and will not serve any future use. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Sizemore and passed, that the 50 -foot dedicated but unopened street located between Padre Island Drive and South Park Junior High School, described as the northwest 25 feet of Lots 1 and 4, Block G, and the southwest 25 feet of Lot 2 and 3, Block F, Lexington Place, be closed, and that an ordinance be brought forward effectuating the closing. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "I" be accepted, and that the requests and recommendations be granted and approved as follows: a. That a contract be awarded to B & E Construction Company for the low bid of $1,342,588.25 for improvements to Runway 13-31, Corpus Christi International Airport, Phase II, and that an appropriation in the amount of $1,400,000.00, including engineering, inspection, laboratory testing, and contingencies, be authorized; b. That a contract be awarded to W. T. Young Construction Company for the low bid of $206, 142.50 for construction of Sanitary Sewers to Westwood Heights, Martine, Sablatura and Guth Parkside Subdivisions, and that an appropriation in the amount of $220,000, including contingencies, engineering and incidental expense, be authorized; c. That acceptance and final payment in the amount of $8,048.38, representing the balance due the contractor Fowco Construction for completion of Sidewalk Improvements, Unit V, be approved; d. That a contract with Edgar Linkenhoger, John B. Harney Estates, Ira Hayley and George Callicoate, for sewer main extensions to Western Hills and the area between Western Hills and the Hilltop Main, with the owners dedicating most of the right of way and pay approximately $34,600 of the $46,725 total cost, be authorized; s Minutes Regular Council Meeting June 17, 1970, Page 3 e. That an assignment agreement between the Corpus Christi Bank and Trust Company, Trustee, and Dyneteria, Inc., for restaurant facilities at the Corpus Christi International Airport, be accepted and approved for a five-year period effective August 1, 1970, as recommended by the AirportAdvisory Board and City Staff; f. That certain changes in Fire and extended insurance coverage updating building cost estimates, including a $5,000 occurrence deductible clause in the fire insurance policies, pro- tecting the City from major damage from any event such as a hurricane buf'will not be covered for the first $5,000 of loss, be authorized; g. That the date of July 1, 1970, at 2 p.m. Regular Meeting, be set for public hearings on the following requests for permits from the Texas Water Quality Board: (1) Benilite Corporation of America, for permit to discharge not to exceed an average of 10,800 gallons per day of pro- cessed water into Canal "A" of the Rincon Industrial Park, and thence into Nueces Bay; (2) Howell Refining Company to discharge not to exceed an average flow of 25,000 gallons per day nor a maximum flow of 45,000 gallons per day of industrial wastewater into a ditch, thence to Tule Lake Channel; (3) Two Way Land Company, to discharge not to exceed an average flow of 24,000 gallons per day nor a maximum flow of 36,000 gallons per day of treated domestic sewage from its facility into a tributary of Oso Creek,thence to Oso Creek; and (4) City of Corpus Christi, to discharge not to exceed an average flow of 12,000,000 gallons per day nor a maximum flow of 15,000,000 gallons per day of treated domestic sewage into Cayo del Oso, thence to Corpus Christi Bay; (The preliminary hearing will be held in the Council Room at 10 a.m. on July 13, 1970) h. That the date of Monday, July 6, 1970, at 2 p.m. Special Meeting, be set for public hearings on the following zoning cases: (1) Sam Allen, from "A-1" to "AB".' on the Southwest corner of the intersection of Santa Fe Street and TexanTrail; (2) Dr. R. McGregor Slick, from "R -1B" to "AB'" on the northeast corner of the intersection of Ayers Street and Roosevelt Drive; (3) The City of Corpus Christi, from "AT" to "B-4" on the west of Timon Parkway (R.R.ROW), east of Highway #181, north of Hull Street to Corpus Christi Bay; and (4) Nicolas and Barbara Cardenas, from "R -1B" to "B-1" North right of way line of Bloomington Street, west of the intersection of West Teresa Street and Bloomington Street; s • Minutes Regular Council Meeting June 17, 1970 Page 4 i. That the wet well reconstruction at the Westside Plant be accepted and that liquidated damages for 10 of the 37 days overrun in the amount of $450.00 be charged; j. That the construction inspection for the Flour Bluff Treatment Plant, Phase II, be provided by Urban Engineers as part of their engineering contract, at a cost of $1,500 permont1 k. That a revocable permit to Howell Refining Company fora 16" pipeline crossing of McBride Lane approximately 186 feet south of UpRiver Road, be granted; I. That a-Charterel'ection be held on September 12, 1970, or such earlier Saturday as may become feasible after the report of the Charter Advisory Committee has been received, and that the election include the matter of the police minimum salary question for which a petition has been certified, the fire minimum salary question if the petitions which have been received are certified, and such other matters as the City Council may desire. If the minimum salary section is amended by such an election, it is recommended that the salary increases which would result be effective at the beginning of the next pay period after the first Council meeting after the Charter election. (Ordinance 9807). City Manager Townsend presented for third and final reading the ordinance relative to regulation of trade schools, passed on first and second reading, June 3, and June 10, 1970, and suggested that Section 28-7, Paragraph (2) be amended to include the sentence "The Director of Urban Development and Director of Finance shall provide written comments to the City Secretary about the application within fourteen days of its receipt by the City Secretary." Motion by Roberts, seconded by Lozano and passed, that the foregoing amendment be incorporated into Section 28-7, Paragraph (2) of the ordinance relative to regulation of trade schools before its third and final reading, as recommended by City Manager Townsend. Mr. Harold Alberts, attorney, appeared and spoke in opposition to the ordinance appearing on the agenda for third and final reading relative to revision of the Southern Standard Housing Code. He stated that, in terms of the amendments as proposed, 35 to 40 percent of the houses in the City would be substandard, and that approximately 90 percent of the houses in Molina Addition would be substandard. He alleged that in the past, City officials have been oppressive and too interested in making a long list of complaints of what was substandard, and stated that as soon as a sign is placed on a house, the property becomes valueless, and in many cases, the owner is not financially able to improve the property and the City is forced to bear the expense of demolition. • Minutes Regular Council Meeting June 17, 1970 Page 5 City Manager Townsend stated that he is not aware of any instances when houses have been condemned which were not substandard, and that he did not feel the Staff had been oppressive. He explained the procedures of appeal to the Building Standards and Housing Board of Appeals, and stated that the Board does vary the application of the Code for any individual if it feels the application is oppressive or violates the spirit of the Code, but that every decision is final unless it is appealed. He stated that the amendments as proposed would improve the notice procedures, clarify the appeal routes, and make other minor changes in the specifications. It was agreed that the third and final reading of the ordinance relative to amendments to the Southern Standard Building Code, be deferred for one week. ORDINANCE NO. 9797 THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI BY ADDING THERETO A NEW CHAPTER KNOWN AS CHAPTER 28; PROVIDING FOR PURPOSE AND CONSTRUCTION OF CHAPTER; PROVIDING FOR THE DEFINITION OF TERMS; PROVIDING FOR ADMINISTRATION BY THE CITY SECRETARY; PROVIDING FOR APPLICATION FOR PERMIT; PROVIDING FOR EXCEPTIONS FOR ACCREDITED SCHOOLS; PROVIDING FOR MINIMUM STANDARDS; PROVIDING FOR ISSUANCE OF PERMIT BY THE CITY SECRETARY; PROVIDING FOR ADMINISTRATIVE APPEAL; PROVIDING FOR AN APPEAL TO THE CITY COUNCIL; PROVIDING FOR REVOCATION OF PERMIT; PROVIDING FOR THE FILING OF BONDS; PROVIDING FOR PUBLIC NUISANCES; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PROHIBITED ACTS; PROVIDING FOR PENAL- TIES; PROVIDING FOR A SEVERABILITY CLAUSE, as amended The foregoing ordinance was read for the third time and passed finally/by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9798 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 THE PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE FOLLOWING TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS FOLLOWS: (1) LOTS 1 AND 6, BLOCK 2, DAHLIA TERRACE, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; (2) LOT 2, BLOCK 2, DAHLIA TERRACE, FROM "R-2" TWO FAMILY DWELLING DISTRICT AND A SPECIAL PERMIT FOR AN AUTO UPHOLSTERY SHOP TO "B-1" NEIGHBOR- HOOD BUSINESS DISTRICT; (3) LOT 3, BLOCK 2, DAHLIA TERRACE, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "13-1" NEIGHBORHOOD BUSINESS DISTRICT; (4) LOTS 2R THRU 6R, BLOCK 1, DAHLIA TERRACE, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "13-4" 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. s Minutes Regular Council Meeting June 17, 1970 Page 6 The Charter Rule was s.cspended ar±d the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9799 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 BUFORD NICHOLSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 11.573 -ACRE TRACT OF LAND MORE OR LESS OUT OF LOTS 28 AND 29, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING 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, Lozano, Bradley, McDaniel, Roberts, and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9800 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 SOUTH TEXAS MATERIALS COMPANY BY GRANTING A SPECIAL COUNCIL PERMIT FOR A READY -MIX CONCRETE PLANT, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, TO BE SITUATED ON A PORTION OF LAND OUT OF LOT 15, SECTION 42, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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 ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote; Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO, 9801 (Failed to pass) 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 OCAMPO R. CUELLAR BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 39 AND 40, BLOCK 3, PRESCOTT PARK, UNIT 04, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting June 17, 1970 Page 7 The Charter Rul• was suspended and the foregoing ordinance failed by the following, vote: Lozano and Sizemore voting "Aye"; Blackmon, Bradley, McDaniel and Roberts, present and voting "Nay"; de. Ases was absent. ORDINANCE NO. 9802 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 PAUL W. SADLER AND JOHN O. PIERSON, BY GRANTING A SPECIAL PERMIT ON LOTS 7, 8, 18 AND 19, BLOCK 6, FLOUR BLUFF POINT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A HARDWARE AND BUILDING MATERIALS STORE, SUBJECT TO CERTAIN CONDITIONS HEREINAFTER SET OUT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AM EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, ,present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9803 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND DYNETERIA, INC., COVERING THE RESTAURANT FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF SAID ASSIGNMENT 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: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9804 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH 8 & E CONSTRUCTION FOR THE IMPROVEMENTS TO R/W 13-31 AT CORPUS CHRISTI INTERNATIONAL AIRPORT, APPLICABLE TO PROJECT NO. 245-68-11 .1, CORPUS CHRISTI INTERNATIONAL AIRPORT EXPANSION; APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND THE SUM OF $1,400,000, OF WHICH AMOUNT $1,342,588.25 15 FOR THE CONSTRUCTION CONTRACT AND $57,411.75 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, LABORATORY, INSPECTION AND OTHER INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. • • Minutes Regular Council Meeting June 17, 1970 Page 8 ORDINANCE NO. 9805 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH W. T. YOUNG CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF SANITARY SEWER LATERALS IN WESTWOOD HEIGHTS, MARTINE, SABLATURA AND GUTH PARKSIDE SUBDIVISIONS, ALL APPLICABLE TO PROJECT NO. 250-70-80.1; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $220,000, OF WHICH AMOUNT $206,142.50 IS FOR THE CONSTRUCTION CONTRACT AND $13,857.50 IS FOR CONTINGENCIES, ENGINEERING AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9806 CHANGING THE NAME OF WESTOVER DRIVE, BETWEEN LABRANCH STREET AND LEOPARD STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO WAR PATH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9807 FINDINGS DECLARING . 7 " BY THE CITY COUNCIL OF CORPUS CHRISTI ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON SATURDAY, SEPTEMBER 12, 1970, OR ON SUCH EARLIER SATURDAY AS THE CITY COUNCIL MAY HEREAFTER ORDER CONSISTENT WITH THE REQUIREMENTS OF ART. 1170, V.A.C.S. TEXAS AND ALL OTHER APPLICABLE LAWS, ON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE HOLDING OF SUCH ELECTION; PROVIDING NOTICE OF SUCH ELECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. ORDINANCE NO. 9808 CLOSING THAT PORTION OF AVENUE B, BETWEEN BLOCKS 13 AND 18, FROM ELLIFF TO BUCKHORN, IN THE CALALLEN TOWNSITE, SUBJECT TO THE PROVISION THAT THE OWNERS OF LOTS 7, 8, 9 AND THE EAST PORTIONS OF LOTS 10, 11 AND 12 REPLAT SUCH LOTS 50 AS TO ORIENTATE THEM TO WEST BUCKHORN AND WEST ELLIFF STREETS, AND TO DEDICATE A PORTION OF LOT 7 TO PROVIDE THE NECESSARY RIGHT OF WAY FOR A CUL-DE-SAC AT THE THEN DEAD END PORTION OF WEST ELLIFF STREET; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting June 17, 1970 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases was absent. There being no further business to come before the Council, the meeting was adjourned.