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HomeMy WebLinkAboutMinutes City Council - 09/25/1963CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 25, 1963 2:00 p.m. PRESENT: Mayor James L. Barnard Commissioners: Jim Young City Manager Herbert W. Whitney Jack R. Blackmon Ass't City Att'y Wayland Pilcher J. R. de Leon City Secretary T. Ray Kring M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend L. H. Schroeder, Pastor of Mount Olive Lutheran Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Young and passed that the minutes of the regular meeting of September 18, 1963, and of the special meeting of September 24, 1963, at 11 a.m., be approved as furnished to the Council. Mr. Jack Estes, on behalf of the Central Committee of the Texas -Oklahoma District of Kiwanis Clubs, invited the Council, together with their wives, to attend the Fish Fry on Friday, at 6 p.m., in the Coliseum, followed by an outdoor show on the waterfront. Mayor Barnard read a proclamation proclaiming the week of October 6 through 12, 1963, as NATIONAL BUSINESS WOMEN'S WEEK in Corpus Christi in recogni- tion of the contributions of business and professional women in many fields of endeavor and their acceptance of the "Responsibility of Full Partnership", and calling upon the citizens to recognize the achievements of all business and pro- fessional women who contribute daily to the stability and economy of our country. The proclamation was accepted by Mrs. Fern McKenzie, president of Corpus Christi Business & Professional Women's Club, and by Mrs. Claudia Ingrum, president of the Downtown Business & Professional Women's Club. Mayor Barnard welcomed representatives of the Student Council of Solomon Coles High School, and their sponsor, Mrs. Mattie M. King; and Commissioner Blackmon presented Certificates of Attendance designating as Honorary Junior City Commis- sioners the following students, who were introduced by their president: Sheryl Johnson, president; Joyce Johnson; Bette Greenwood, who is also a member of the • City of Corpus Christi, Texas Regular Council Meeting September 25, 1963 Page 2 Youth Advisory Council; Bobbie Randle; and Ola Morgan. Mayor Barnard called for the City Manager's Reports. Motion by Young, seconded by Roberts and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as follows: a. That the award of contract for the construction of North Staples Street Improvements, from Kinney to Interstate 37, be awarded to the low bidder, Heldenfels Brothers, in the amount of $113,726.90, and that the sum of $78,250.00 be appropriated; b. That the award of bid for the purchase of one 5 -ton Cab & Chassis, 8 cyl., 1963 Ford F-750, be made to Lewis Boggus Motors, Inc., for $4,836.41; (Bid Tabulation #70); for one 11 cu.yd. Clement Braswell 1215-L Cable Dump Trailer, be made to Clement -Braswell, Inc., for $5,065.56; (Bid Tabulation #71); and that action on the item of 2 Air Compressors be deferred until next week, pending further study of additional information; c. That the 5 -year agreement with All Saints Episcopal Church for the non-exclusive use of the parking area adjacent to the Church property in Lindale Park, as recommended by the Park & Recreation Board, be approved; Mr. Ernest Tackette expressed his opposition to granting the Church a lease for the construction of another building in this residential neighborhood, and it was explained to him that the proposed agreement permitted the Church to pave the area and use the area for parking but not to the exclusion of the general public, and that the building construction he had referred to was under the juris- diction of the Board of Adjustment and was not under consideration of the Council. d. That the request of Mitchell Darby, Inc., contractor on the Oso Sewage Treatment Plant, Unit II, for an extension of 40 working days, not to exceed 2 calendar months, for completion time, and for a waiving of the liquidated damages for this period, subject to reimbursement for Inspectors' fees and any other expense incident to the granting of the additional time, be granted; e. That the request of the Oso Women's Golf Association for use of the Municipal Golf Course for portions of each day for one week beginning May 9, 1965, without charge in connection with the Texas Women's Public Links Golf Tournament, be granted. City of Corpus Christi, Texas Regular Council Meeting September 25, 1963 Page 3 ORDINANCE NO. 7031 • AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF STREET IMPROVEMENTS ON NORTH STAPLES FROM KINNEY STREET TO INTERSTATE HIGHWAY 37, DESIGNATED AS PROJECT NO. 220-61-50; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $78,250.00, OF WHICH AMOUNT $63,726.90 IS FOR CONSTRUCTION AND $14,523.10 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, LABORATORY AND LEGAL COSTS, INCLUDING EXPERT TESTIMONY, ADVERTISING, ETC; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 7032 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 1, 2, 3 AND 4, BLOCK 21, NUECES BAY HEIGHTS EXTENSION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts abstained. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION TO ARTICLE IV IMMEDIATELY FOLLOWING SECTION 9-10, TO BE DESIGNATED AS SECTION 9-10A, PROHIBITING CERTAIN USES OF THE BARGE DOCK; AMENDING SECTION 9-46, REGULATING SIGN ADVERTISING OF COMMERCIAL AND CHARTER VESSELS; AMEND- ING SECTION 9-47, REGULATING ERECTION AND MAINTENANCE OF AWNINGS; ADDING A NEW SECTION TO ARTICLE IV IMMEDIATELY FOLLOWING SECTION 9-47, TO BE DESIGNATED AS SECTION 9-47A, REGULATING GEAR BOXES AND TICKET BOOTHS; AMENDING SECTION 9-56, REGULATING USE OF WATER; AND ADDING A NEW SECTION TO ARTICLE IV IMMEDIATELY FOLLOW- ING SECTION 9-56, TO BE DESIGNATED AS SECTION 9 56A,REGULATING THE USE OF ELECTRI- CITY; PROVIDING A PENALTY FOR VIOLATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. City of Corpus Christi, Texas Regular Council Meeting September 25, 1963 Page 4 • The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD A NEW SUBSECTION TO BE DESIGNATED AS SUBSECTION (c) SO AS TO CONTROL TRAFFIC ON PEOPLES STREET T -HEAD AND LAWRENCE STREET T -HEAD H' REQUIRING THAT TRAFFIC MOVE ONLY IN A COUNTERCLOCKWISE DIRECTION ON EACH OF SAID TWO T -HEADS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor Barnard; Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 7033 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A WRITTEN AGREEMENT WITH PROFESSIONAL CENTERS, INC., A TEXAS CORPORATION ACTING BY AND THROUGH ITS DULY AUTHORIZED OFFICERS, ESTABLISHING THAT THE ALLEY WAY EASEMENT RUNNING BETWEEN GLAZEBROOK AND MC CALL STREETS AS SHOWN ON THE MAP OR PLAT OF BLOCK E, LINDALE PARK SUBDIVISION, SECTION NO. 4, OF RECORD IN VOLUME 11, PAGE 14, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, IS CORRECT AND THAT THE ALLEY EASEMENT AS SHOWN ON SAID MAP IS AND SHALL REMAIN A PUBLIC EASE- MENT FOR ALLEY WAY PURPOSES, AND THAT A BUILDING OWNED BY PROFESSIONAL CENTERS, INC., ENCROACHES, OR MAY ENCROACH, ALONG THE WEST SIDE OF SAID EASEMENT FROM 0.10 FEET AT THE SOUTHEAST CORNER NEAR CLAZEBROOK TO 0.03 FEET TO THE NORTHEAST CORNER OF LOT 14, SAID BLOCK AND SUBDIVISION, AND FINDING THAT SAID ENCROACHMENT DOES NOT CREATE A HAZARD OR OBSTRUCT THE PUBLIC USE OF THE SAID EASEMENT AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT PERMITTING SUCH ENCROACHMENT TO CONTINUE TO EXIST BUT PROVIDING THAT THE BUILDING SHALL BE PLACED BACK ON THE CORRECT BUILDING LINE SHOULD THE BUILDING BE REBUILT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING TO SUNTIDE PIPE LINE COMPANY A FRANCHISE TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE AN 8" OIL PIPE LINE EXTENDING FROM A POINT ON THE NORTH BOUNDARY LINE OF INTERSTATE 37 TO THE WEST BOUNDARY LINE OF COUNTY ROAD 53A AND EXTENDING SOUTH ALONG A LINE PARALLEL TO AND WEST OF SAID PUBLIC ROAD TO A POINT APPROXIMATELY 255 FEET NORTH OF THE NORTH BOUNDARY OF STATE HIGHWAY 9, THEN EXTENDING IN A SOUTHWESTERLY LINE ACROSS HIGHWAY 9 IN THE 8500 BLOCK, ACROSS COUNTY ROAD 55 (CLARKWOOD ROAD) IN THE 1600 BLOCK, ACROSS CAROLINE ROAD IN THE MC NORTON SUBDIVISION #3, ACROSS AN UNNAMED COUNTY ROAD IN THE 8900 BLOCK THEREOF, ACROSS AN UNNAMED COUNTY ROAD EXTENDING NORTH AND SOUTH THROUGH THE J. W. STEVENS TRACT AND CROSSING FM ROAD 229 (RAND MORGAN ROAD) IN THE 800 BLOCK OF SAID ROAD AND CONTINUING IN A STRAIGHT LINE TO THE SOUTHWEST CITY LIMITS TO THE EXTENT THAT SAID ROADS, STREETS AND HIGHWAYS WHICH NOW EXIST ACROSS • City of Corpus Christi, Texas Regular Council Meeting September 25, 1963 Page 5 SAID PIPELINE ARE TRAVERSED BY THE SAID PIPELINE RIGHT OF WAY DESCRIBED IN THIS ORDINANCE, AND TO USE SO MUCH OF THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY THERETO, NOT EXTENDING MORE THAN FIVE FEET (5') ON EACH SIDE OF THE CENTERLINE OF SAID PIPELINE; PROVIDING CERTAIN CONDITIONS ON THE USE OF SAID STREETS; PROVIDING THAT SAID FRANCHISE SHALL BE ASSIGNABLE BY THE GRANTEE; PROVIDING FOR FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE THE TERMS AND RESTRICTIONS OF THIS ORDINANCE The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A FIVE YEAR LEASE AGREEMENT WITH ALL SAINTS' EPISCOPAL CHURCH FOR THE USE OF THE NORTHERN PORTION OF A PARKING LOT AREA SITUATED ADJACENT TO THE 15 -FOOT UTILITY EASEMENT ON THE SOUTH SIDE OF ALL SAINTS' EPISCOPAL CHURCH PROPERTY UNDER THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". Mayor Barnard called for petitions or information from the audience on matters not scheduled on the agenda. R. J. Iwanski, 4417 Laura, representing approximately 500 petitioners, complained of the manner of painting of the Harbor Bridge by spray guns which causes continual damage to their cars which they must park in the area during their working hours and to their person, and also damages the cars of tourists who come to fish in the area. (Petition #15) Georte Hartley, Business Agent for the Longshoremen, supported the fore- going complaint and stated that the sandblasting that had been a major problem in the area had been taken care of through the cooperation of the Navigation District, but that the Highway Department has not seemed willing to do anything about the spray of paint which is carried by the wind as far as Docks 7 and 8. Mayor Barnard requested that the City Manager investigate the matter and urge the Highway Department to see if the situation can be corrected. Mayor Barnard declared a recess. Following a brief recess, the meeting was convened with all members of the Council, the City Manager, Assistant City Attorney, and the City Secretary all in attendance. Jack Graham, Director of Public Works, introduced the following represen- tatives of Scotch Investment Company, developers of Emerald Cove: Messrs. Trost, • • City of Corpus Christi, Texas Regular Council Meeting September 25, 1963 Page 6 Young, Boyce, Pierson, and Jimmy Goldston, engineer. Mr. Graham stated and dis- cussed the details of a proposed agreement between the City and the Scotch Invest- ment Company regarding ingress and egress to the Emerald Cove development as to conditions tentatively approved by the Council at its Work Shop meeting on this matter, and explained the few revisions requested by the developers, The condi- tions are: (1) City will immediately grant permission for access to north lot of Emerald Cove at intersection of Ocean Drive and Buford Street. This intersection will not be signalized until traffic volume, according to recognized standards, justifies installation of traffic light. (2) For the portion of Ocean Drive adja- cent to the Emerald Cove property the City will adopt a basic street section of two 33 ft. roadways and a 14 ft. median strip with left turn slots. (3) Widening of Ocean Drive will be on the east side only except as adjacent to that area leased to Wilbur Clark's Inn of America. (4) Emerald Cove will dedicate 12 feet of addi- tional right-of-way for widening of Ocean Drive adjacent to their property, except along that area leased to Wilbur Clark's Inn of America. (5) City will relinquish any future claims or rights to the 50 ft. street easement as shown on approved plat. (6) Three points of access to Emerald Cove will be permitted ultimately at Buford, Morgan and Elizabeth. (7) Emerald Cove will pay actual cost of traffic sig nal installations at all three intersections up to a maximum cost of $15,000 per intersection. (8) Prior to the widening request by the City, such request not to Emerald Cove will fill right-of-way area shall construct a retaining wall to hold of such fill upon their property, adding of Ocean Drive and Shoreline Drive, upon be made within one year of this date, to existing street level. Emerald Cove such fill or shall place the slope and toe to the City of Corpus Christi an ease - went therefqr, if no retaining wall is constructed. If a slope and no retaining wall is provided and at a later date a retaining wall is provided or a building wall provided that retains such fill, then the easement upon which the slope and toe of such fill has been located will revert to Scotch Investment Company. (9) Necessary retaining wall on north end of property to be constructed concurrently with initial development. Motion by Wallace, seconded by de Leon and passed that the revised agree- ment outlined by Mr. Graham be approved, and the City Manager be instructed to have City of Corpus Christi, Texas Regular Council Meeting September 25, 1963 Page 7 a contract with Scotch Investment Company prepared encompassing the nine items just agreed upon by both parties. There being no further business to come before the Council, the meeting was ajourned. I, JAMES L. BARNARD, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period September 4, 1963, through September 24, inclusive, and having been previously approved by Council action, are by me hereby approved. JAMES L. BARNARD, Mayor City of Corpus Christi, Texas