Loading...
HomeMy WebLinkAboutMinutes City Council - 08/21/1963PRESENT: Mayor James L. Barnard Commissioners: Jack R. Blackmon J. R. de Leon W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 21, 1963 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring • Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend Darrell Gray, District Super- intendent of Methodist Churches. City Secretary T. Ray Kling called the roll of those in attendance. Motion by Blackmon, seconded by de Leon and passed that the absence of Mayor Pro Tem Jim Young and of Commissioner M. P. Maldonado be excused for cause. Motion by Roberts, seconded by de Leon and passed that the minutes of the regular meeting of August 14, 1963, at 2:00 p.m., and of the special meeting of the same day, at 4:00 p.m., be approved as furnished to the Council. Mayor Barnard welcomed to the meeting former City Manager Russell E. McClure, presently City Manager for Witchita, Kansas, who, with his family and Mayor Gerald Byrd of Witchita and his family, are visiting for a few days in the City. Mr. McClure expressed his pleasure at being in Corpus Christi again, and on behalf of Mayor Byrd., who had visited with the Mayor and Council earlier in the week, presented to Mayor Barnard a symbolic Key to the City of Witchita, Kansas, and Mayor Barnard reciprocated the gesture by presenting Keys to the City of Corpus Christi to Mr. McClure and Mayor Gerald Byrd. Mayor Barnard called for the opening of bids. Bids were opened and read on Bell Joint Clamps from the following: Dresser Mfg. Co.; McAllen Pipe & Supply Co.; The Rohan Co.; and M. B. Skinner Co. Bids were opened and read on Polyethylene Plastic from the following: Polyetube Corporation; and Kaffie Lumber Division. Bids were opened and read on Corrugated Galvanized Casing from the Following: Armco Steel Corp.; and Wyatt Industries, Inc. Bids were opened and read on Ductile Iron and/or Asbestos Cement, Con- crete Steel, and Cast Iron Pipe from the following: Johns -Manville; McAllen • City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 2 Pipe & Supply Co., Inc.; American C. I Pipe Co.; Gifford -Hill American; and U. S. Pipe & Foundry. All of the foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recom- mendation. Mayor Barnard called for the pending item of the application of Frank Longoria and Ida E. Longoria for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a rectangular portion of Lots 1 and 2, Bancroft -Dodge Farm Lots, public hearing on which was held August 14, 1963, and the matter taken under advisement to allow members of the Council to inspect the neighborhood; and reminded the Council that the recom- mendation of the Zoning & Planning Commission was for denial of the change in zoning but in lieu the granting of a Special Permit for apartment uses, sub- ject to compliance with the site plan submitted by the applicant and to all re- quirements of the "A-1" District. Motion by de Leon, seconded by Blackmon that the recommendation of the Zoning & Planning Commission be concurred in, and the request for change of zoning be denied, but in lieu a Special Permit for apartment uses, subject to compliance with the site plan as submitted by the applicant, and subject to a11 requirements of the "A-1" Apartment House District being complied with, be granted on the rectangular portion of Lots 1 and 2, Bancroft -Dodge Farm Lots described. • During discussion, Commissioner de Leon stated that his inspection of the area and property indicated that the proposed use was a logical request; Mayor Barnard stated that the non -conforming use of some of the properties had existed before annexation, and that his inspection of the neighborhood indicated that it would be an injustice to the neighborhood to further increase the non- conforming multiple dwelling use of lots; and suggested that the foregoing motion be tabled for one week for action by the full Council. Motion by de Leon, seconded by Roberts and passed that the motion in question be tabled for one week. • City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 3 Mayor Barnard announced the public hearing on the application for the closing of a portion of Railroad Avenue described as that 80.74 feet of Railroad Avenue abutting Lots 1 and 2, Block 6, and the West 30 feet of Twentieth Street between Blocks 5 and 6, Patrick Webb Addition. City Manager Whitney presented a map pointing out the area of request and previous closings; explained that the Public Works Department has no ob- jection to the closing, provided an easement for the Telephone Company line in Railroad Avenue is retained, or the line relocated at the expense of the appli- cant; that the Planning Department and Traffic Engineer have no objection; that the Public Utilities Department needs only an easement along 20th Street for maintaining the water line between Blocks 5 and 6; and that the Fire Department needs an easement for access to the connection which supplies water to sprinkler systems and other fire fighting operations particularly to the Gulf Compress. Joseph Hans, representing the applicant, Saint Vincent DePaul Society, retail store at 2302 Laredo Street, explained the purpose of the request for ex- pansion use of the space for their store operation, pointing out that it is presently overgrown with weeds. Frank Stubbs, manager of Gulf Compress, pointed out the value of the cotton presently stored in the structures immediately across the railroad tracks, emphasized the potential fire hazard, and objected to the closing in so far as it would interfere with one of their three pumper connections which is located in the area of request. He further pointed out obstruction of the fire lane by cars parked there. Mayor Barnard commented that if any car is parked in a fire lane, the Police Department should be notified and the car immediately towed away. City Manager Whitney suggested that the matter be taken under advise- ment to allow time to work out the matter of the shape and size of the easement to be retained. Harry Grimm spoke in favor of the request on the basis of the benefit to the area to have the weeds removed and the property in use. Motion by Blackmon, seconded by de Leon and passed that the hearing be closed; that action be deferred for two weeks; and that the matter be referred • City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 4 to the City Manager for further study and recommendation with respect to the fire protection. Mayor Barnard announced the public hearing on the application for the closing of a portion of Woolridge Road, described as beginning at the inter- section of the centerline of Woolridge Road and the common boundary of Lots 19 and 20 of said Section 4, for the most Easterly point of this description and the point of beginning, thence, with the centerline of said Woolridge Road, same being a 60 -foot wide right-of-way, North 43° 41' 30" West 913.37 feet, thence, North 650 34' 30" West 1084.43 feet to the intersection of the East right-of-way of Everhart Road for end and terminal point of said centerline. City Manager Whitney presented a survey plat; pointed out the area involved, the present alignment of the street, and the route of a proposed new street; stated that the City departments have no objection to the closing, with the exception of the Traffic Engineer who feels that the proposed new road would create an additional traffic hazard due to the curves, and that the ele- vation of one of the tees of the proposed golf course might impair driver vision. J. W. Gary, attorney, and William McClendon, engineer, representing the applicant, explained th absence on military service for the next ten days of the two engineers involved in the planning of the development of''Ye prop- erty; that the golf course and proposed new road are being planned to tie into the over-all lay out of Sohanen Estates; that the road as it exists will continue to be used until the new road is constructed and accepted; and requested that action by the Council be deferred for three weeks to allow time for the engineers to prepare a workable pattern after they return. No one appeared in opposition to the closing. Motion by Wallace, seconded by Roberts and passed that the hearing be closed, and that action be deferred for three weeks on the matter. Mayor Barnard announced the public hearing on the application for the closing of a portion of Ocean Drive, described as all that portion of Ocean Drive which is situated in a triangular shaped tract of land formed by the North right-of-way line of Alta Plaza at its junction with Ocean Drive, the East line • • City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 5 of Lot 1, Block 1, Alta Plaza Addition, the South line of Ed Grossman property situated in Block 5, Alta Vista On the Bay Addition and the Western right-of- way line of Ocean Drive abutting such triangular shaped tract of land on the Eastern boundary. City Manager Whitney pointed out on the map the area of request; ex- plained that there are no utilities involved and that the closing will not handicap the fire defense of the City, but that in view of the uncertainty of possible realignment plans or redesign of Ocean Drive in this vicinity to pro- vide a protected access road to and from Alta Plaza by means of a frontage road, the recommendation of the Staff was that the request for the closing of this portion of Ocean Drive be denied. William Shireman, attorney for the applicant, reviewed the history of the streets in this vicinity, the land ownership and dedications of right- of-way; questioned the legality of the City's granting the use of public right-of-way for private use; and urged that the portion of Ocean Drive de- scribed in the request be closed and the property abandoned to the abutting property owners. City Attorney Singer answered Mr. Shireman's question by recalling several instances whereby the City has granted revocable permits for the pri- vate use of public right-of-way. C. E. Starrett and Mesog V. Donigan spoke in support of the request for the closing and abandonment to abutting property owners. Oscar Spitz, attorney representing Mr. and Mrs. Ed Grossman, as abut- ting property owners, reviewed the dedications of land and right-of-way in the area, and spoke in opposition to the closing on the basis that the official plat of the area has shown the Grossmans' property as being a corner lot, and they have been paying taxes on a corner lot for 30 years, that the Grossmans' property has the greatest length of abutting property to the area of request and such closing and abandonment would make their lot an inside lot, and that in view of possible future plans and need for right-of-way in this vicinity by the City, and urged that the City not abandon such valuable right-of-way that might possibly be needed at some future time and for which a very high price City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 6 would have to be paid to obtain. Mr. Spitz presented architects' drawings of the house he proposes to build on a portion of the Grossman property, the pre- liminary plat of the Markamay Estates, indicating his garage access to Alta Plaza and principally guest driveway access from Ocean Drive through the area requested to be closed, and explained his proposed use of the right-of-way for which he is requesting a revocable permit. He further pointed out that it was his understanding that any property owner has a right to construct a driveway access from the street to his property line across public right-of-way as long as grade requirements are complied with and that it is not a matter of dis- tance, but of principle, and that almost everyone plants grass, shrubs, and even trees in the public right-of-way in front of their homes, and that he felt his proposed use of the right-of-way would beautify this portion of Ocean Drive, whereas the abandonment would not be enouto permit any use of the land. Mrs. Ed Grossman was present, and asked that the requested closing be denied. 1, Motion by de Leon, seconded by Wallace and passed that the hearing be closed, and the application for the closing of the portion of Ocean Drive described, be denied. Commissioner Blackmon asked to be recorded as having abstained by reason of ownership of property in the immediate vicinity of the matter in contest. • City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 7 Mayor Barnard announced the public hearing scheduled for 3:00 p.m. on the proposed assessments for street improvements on Lambert, Francis. Lum, and Bobalo Streets. Joe Pierce, Paving Coordinator, presented a map outlining the por- tions of the streets proposed to be improved under the City's Voluntary Street Improvement Assessment Program; described the nature, extent and speci- fications for the proposed improvements; presented the preliminary assessment roll indicating the cost of construction, the amount of cost to be borne by the City, and the amount to be assessed against the abutting property owners, the manner in which such pro rata share was computed; and explained that of the approximately 131 properties involved, only approximately 12 or 15 prop- erty owners have not signed the voluntary assessment certificates, and that some of these properties are either rental properties or vacant. W. A. "Bill" Roberts described his background and experience which. he felt qualified him as a real estate appraiser for residential properties in this City; explained that he had personally viewed and understood the ex- tent and specifications of the proposed improvements; that he had personally viewed the assessment roll and each of the properties to be assessed; and that in his opinion, each of the properties so assessed would be enhanced in value to more than the extent of the proposed assessment, with no excep- tions. Mrs. M. W. McDearman, 925 Lum, stated that she had been one of the petitioners for these improvements, and agreed completely with Mr. Robert's statements as to the benefits of the proposed improvements to the abutting property owners. Jack Salyers, 5702 Francis, asked if his property was included in the improvements, and was answered that it was not, but that the same program was available to the property owners of any area in the City. Assistant City Attorney Charles Cartwright asked if anyone in the audience had any questions or objections to offer with regard to any of the proposed improvements or assessments. No one appeared to be heard. City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 8 Motion by Blackmon, seconded by de Leon and passed that the hearing be closed, and that a resolution closing the hearing given to owners of prop- erty abutting on Lambert, Francis, Lum, and Bobalo Streets, overruling any semblance of objections, protests and remonstrances, directing the City At- torney to prepare an ordinance assessing the owners and abutting property for their proportionate part of the cost of the project, and fixing a lien, deter- mining the date of effect of the resolution, be prepared and adopted at this meeting. RESOLUTION NO. 7012 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON LAMBERT STREET FROM LUM STREET TO WEST PROPERTY LINE OF KOOLSIDE ADDITION; FRANCIS STREET, FROM LUM STREET TO WEST PROPERTY LINE OF KOOLSIDE ADDITION; FRANCIS STREET, FROM BOBALO STREET TO LUM STREET; LUM STREET, FROM GOLLIHAR ROAD TO MC ARDLE ROAD; BOBALO STREET, FROM DORTHY DRIVE TO FRANCIS STREW, AS TO TRE SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWN- ERS THEREOF BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEED- INGS OR CONTRACT THEREOF; FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS 1ENINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF TRF COST OF SAID IMPROVEMENTS PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY ABUTTING UPON SAID RESPECTIVE STREETS WITHIN rtiE LIMITS DEFINED AND LEVYING AN ASSESSMENT AGAINST THE PROP- ERTY AND THE OWNERS THEREOF, ABUTTING UPON SAID STREETS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberts, and Wallace all present and voting "Aye", and Commissioners Young and Maldonado, absent. The foregoing resolution was passed by the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberts, and Wallace all present and voting "Aye", and Commissioners Young and Maldonado, absent. Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by de Leon and passed that the City Mana- ger's Reports be accepted and approved as follows: a. That authority to advertise for bids to be received on September 4, 1963, on the following: (1) Automotive Equipment, (2) Special Bodies, and (3) Heavy Equipment, be granted; b. That the date of September 11, 1963, during a special meeting con- vening at 4:00 p.m., be set for public hearing on 4 zoning cases. 4 City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 9 Roy Long and Leland Ross, representing the Home Builders Association, stated their reasons for objecting to the proposed ordinance increasing the sewer tap fees as being another indirect tax on the home buying public; pointed out that recent studies and surveys indicate that one of the contributing fac- tors as to why Corpus Christi has the reputation of having higher cost homes is because the home -buyer absorbs costs that should be absorbed in taxes; that Corpus Christi is 7th in per capita tax of the 10 largest cities in Texas; and that the residential industry alone contributed some $100,000 in permit fees on 688 homes constructed last year. Mx. Ross suggested that the City be re- lieved of the responsibility of making sewer tap connections by permitting private enterprise to do this at the time the sewer lines are being extended to the mains in subdivisions; suggested that the cost could be considerably reduced if done on a bid basis, since only one or two of the five -man City sewer crew are working where the tap is made and three are supervising. Ronald Wood objected to the proposed ordinance also, on the basis that it amounts to a 75% increase on one segment of the cost of homes; that the cost of permits range from $140 on the smallest home to $200 and might go higher; and hurts competition with other towns on the price of homes for new citizens. Commissioner Wallace complimented the home builders on their pre- sentation of their viewpoint based on facts and figures; suggested that the offer to relieve the City of the sewer tap connections operation be studied further; and proposed that the ordinance be taken under advisement for fur- ther study. During discussion, City Manager Whitney pointed out that although it was proposed to increase the sewer tap fee in the easement, the same fee in the street was reduced in an effort to encourage connection in the street rather than easement so as to reduce maintenance and repair costs; and stated that before commenting on the reference to the five -man sewer crews, he would do some checking; and that he would also check on the question of approval of new platting with respect to sewer tap connections. City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 10 • Motion by Wallace, seconded by Blackmon and passed that the second reading of the proposed ordinance with reference to sewer tap fees be tabled for further study. THIRD READING OF AN ORDINANCE: ORDINANCE NO. 7005 AMENDING SECTION 16-1 OF THE CORPUS CHRISTI CITY CODE, 1958, BY AMENDING THE DEFINITION OF "RESTAURANT" AND THE DEFINITION OF "FOOD ESTABLISHMENT"; AMEND- ING CHAPTER 16 OF THE CORPUS CHRISTI CITY CODE, 1958, BY ADDING A NEW SECTION FOLLOWING SECTION 16-53, TO BE DESIGNATED AS SECTION 16-53A, "CERTIFICATE OF OCCUPANCY AND HEALTH PERMIT UNNECESSARY ON CERTAIN VENDING MACHINES"; PROVID- ING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLI- CATION. The foregoing ordinance was read for the third time and passed fin- ally by the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberts, and Wallace all present and voting "Aye", and Commissioners Young and Maldonado, absent. THIRD READING OF AN ORDINANCE: ORDINANCE NO. 7006 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE KELLY RANCH, A PARTNER- SHIP, LEASING TO THE SAID KELLY RANCH A TRACT OF LAND LOCATED AT THE INTER- NATIONAL AIRPORT, DESIGNATED AS TRACT "D", IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF FOUR (4) YEARS BEGINNING AUGUST 1, 1963, AND ENDING AUGUST 1, 1967, IN ACCORDANCE WITH THE FORM SET OUT IN ORDINANCE NOS. 4995 AND 4996, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 12TH DAY OF MARCH, 1958. The foregoing ordinance was read for the third time and passed fin- ally by the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberts, and Wallace all present and voting "Aye", and Commissioners Young and Maldonado, absent. THIRD READING OF AN ORDINANCE: ORDINANCE N0. 7007 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH J. L. SCOGIN, LEASING TO THE SAID J. L. SCOGIN A TRACT OF LAND LOCATED AT THE INTERNATIONAL AIRPORT, DESIG- NATED AS TRACT 3, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES FOR A TERM OF SIX MONTHS, BEGINNING FEBRUARY 1, 1964, AND ENDING AUGUST 1, 1964, IN ACCORDANCE WITH THE FORM SET OUT IN ORDINANCE NO. 5239, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 21ST DAY OF JANUARY, 1959. The foregoing ordinance was read for the third time and passed fin- ally by the following vote; Mayor Barnard, Commissioners Blackmon, de Leon, • City of Corpus Christi, Texas Regular Council Meeting August 21, 1963 Page 12 ORDINANCE NO. 7011 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THF 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF TRACT I, CONSISTING OF ALL OF LOTS 20, 21, 22, 23 & 24, BLOCK 4, JACKSON PLACE SUBDIVISION; TRACT II, CONSISTING OF ALL OF LOT 10, BLOCK K, JACKSON WOODS SUBDIVISION; TRACT III, CONSISTING OF ALL OF BLOCK J, JACKSON WOODS SUBDIVISION, ALL SUBDIVISIONS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AND CHANGING THE ZONING OF TRACT IV, CONSISTING OF ALL OF BLOCK H, TRACT V, CONSISTING OF LOTS 6, 7, 8 & 9, BLOCK G, AND TRACT VI, CONSISTING OF ALL OF LOTS 11 & 12, BLOCK G, ALL IN JACKSON WOODS SUBDIVISION, IN THN' CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELL- ING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT, ALL AS HEREINAFTER MORE FULLY DESCRIBED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING OR- DINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREW11H; AND DE- CLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberts, and Wallace all present and voting "Aye", and Commissioners Young and Maldonado, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Blackmon, de Leon, Roberts, and Wallace all voting "Aye", and Commissioners Young and Maldonado, absent. Mayor Barnard called for petitions or information from the audience on matters not scheduled on the agenda. Lon T. Messer, Robstown, asked where he could obtain a permit to hold a parade on the streets of Corpus Christi, as he wanted to hold a parade of just poor people who didn't care where they could eat, but just wanted to be employed so they could eat; complimented the Council on their patience, under- standing, and consideration of all matters that come before them; and commented on the material in the book he professes to be writing. Buddy Harris, concessionaire, expressed his interest in bidding for the concession rights in the Coliseum and Exposition Hall, and his belief that he would be able to operate them to the best financial advantage to the City. City Manager Whitney answered that the City is still exploring the matter, and that if the Council decides to take bids, Mr. Harris' bid will be welcomed. There being no further business to come before the Council, the meet- ing was adjourned.