Loading...
HomeMy WebLinkAboutMinutes City Council - 02/05/1964PRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 5, 1964 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 Commissioner J. R de Leon in the absence of a guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Blackmon and passed that the minutes of the regular meeting of January 29, 1964, be approved as furnished to the Council, Mayor Barnard read a proclamation proclaiming February, 1964, as HEART MONTH in the City of Corpus Christi, and calling upon all citizens to support this most worthy health drive with their generous contributions and voluntary services. The foregoing proclamation was accepted by Dr. W. Anderson. Mayor Barnard called for Appointments to Boards and Committees. Commissioner Wallace nominated the following for appointment to the La Retama Library Board to replace William (Bill) Prewett, J. B. Mascorro, James W. Smith, and Mrs. Harry (Dolly) Carroll, whose terms have expired: Mrs. L. H. Gross, William H. Keys, Bertram Parker, and A. B. Zepeda. The nominations were seconded by Commissioner de Lean. Motion by Maldonado, seconded by de Leon and passed that nominations cease, and the appointment of Mrs. L. H. Gross, William H. Keys, Bertram Parker, and A. B. Zepeda to the La dtetama Library Board be made by acclamation. Mayor Barnard announced the public hearing on an Appeal from the Decision of the Building Standards Commission with respect to Lot 1, Block 20, Beach Portion. Assistant City Attorney Robert Keeling called the following witnesses to testify as to their findings with respect to the existing improvements on Lot 1, Block 20, Beach Portion, in support of the Decision of the Building Standards Commission to order the demolition and removal of that portion of City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 2 the building that is constructed of wood frame construction: Jack Rice Turner, architect and member of the Building Standards Com- mission; L. K. Stout, Senior Civil Engineer for the City; Glenn Deason, Plumbing Inspector for the City; Harris Evans, master electrician and member of the Build- ing Standards Commission; Frank Busker, Fire Department Inspector; and Albert Cock, Public Health Engineer for the City -County, who all described the condi- tions of rot and deterioration of the structure of the building, the walls and floors and window frames, the burned out electrical fixtures and exposed wiring, deterioration of the plumbing which was allowing sewer gas to escape into the building, the filth and debris, the rat runs and dead pigeons found in the build- ing; and each testified to the effect that this portion of the building is 65% to 70% structurally deteriorated and unsound and economically unfeasible to repair; that the physical conditions constitute a public nuisance and menace to the health and safety of the citizens of the City; and that it was the Commission's decision that the portion of the building that is of wood joist construction be removed in 60 days, and that the remaining portion of the structure be enclosed so as not to jeopardize the remaining portion of concrete construction that is sound. It was further testified that the City has spent some $1100.00 to shore up a portion of the building and to build a 4' walkway so that pedestrians can- not walk underneath the canopy in an attempt to protect the general public from injury from possible falling debris, and that extra police and fire protection have been provided to try to prevent further damage by vandals and winos. William H. Bloch, attorney, Trustee for the property, and Court-appointed Receiver, explained that there is no longer any money in the Trust Fund; that there is some $20,000 of lienable indebtedness against the property; that all of the taxing agencies in the area are parties to the receivership; that he seriously doubts the consummation of any sale as the property will not bring enough money to satisfy the indebtedness, demolition and clearing off of the improvements; that he does not feel anyone desires to continue this blight in the heart of the City, but that he feels the matter has become an impossible • City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 3 situation. He suggested that the City consider working with the other public authorities who have lienable claims against the property to abate the taxes so that a sale of the property can be made and the hazardous conditions cured. Commissioner Blackmon felt the ordinance should be studied to see if there are inadequacies within the ordinance that allow a building to become 60% to 70% deteriorated before the law can be enforced. Charles Walker, one of the remaindermen of the Trust after the death of all of the income beneficiaries, who was present at the hearing, stated that what- ever he had to say in the matter he would say to Judge Todd. Motion by Blackmon, seconded by Maldonado and passed that the hearing be closed. Commissioner Wallace moved that in view of the evidence presented at the hearing, that the final decision on the Appeal be held in abeyance, but that the City Manager take whatever steps are necessary to protect the citizens with respect to health, fire hazard, and danger from falling objects, walls, and roof of the building in question; and further, that the City Manager be authorized to expedite, from the City's standpoint, the final solution involving the City's tax lien in order to promote final disposition of the matter. There was no second to this motion. Barnard Mayor/ruled that the Chair would not accept a three-point motion, and Com- missioner Wallace did not choose to re -state his motion. Motion by Blackmon, seconded by Maldonado and passed that the appeal be taken under advisement. Mayor Barnard announced the pending item of the application of William N. Parr, Jr. (Jack B. Rohde) and Fred P. Massey for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on all of Lot 11, Block 5, Sherwood Park 4#1, on which public hearing was held January 22nd, and called for a motion with respect to this item. Motion by de Leon, seconded by Blackmon and passed with Commissioner Wallace voting "Nay", that the recommendation of the Zoning & Planning Commission City of Corpus Christi, Texas Regular Council Meeting Jauua-fy- 5 , 1964 la Page 4 be concurred in, and the application for a change of zoning from "R -1B" to "AB" Professional Office District on Lot 11, Block 5, Sherwood Park #1, be denied. Mayor Barnard announced the pending item of an application of Lyle O. Tanner for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on all of Lot 45, Block 1, Flour Bluff Point, on which public hearing was held January 22nd. City Manager Whitney reported that the deed restrictions provided a 25' building line from the lots facing on Green Bay Drive, but further provided that Lots 1, 2, 3, 4, 5, 6, and 45 and 46 could be used for business purposes, and if these lots were so used, the building line would not apply; that with respect to the date of the beginning of the construction, that the plumbing lines come through the wall, not the floor so that this work would not have had to be done prior to the pouring of the concrete, but that he would think that the forms would have had to be made prior to the ordering and pouring of the concrete which was done on October 2nd according to the supplier; and that he had no way of disputing the applicant's claim that construction had been begun prior to the date of the lifting of the injunction with regard to annexation. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred in, and the request for a change of zoning from "R -1B" to "B-1" Neighborhood Business District on all of Lot 45, Block 1, Flour Bluff Point, be denied, but that in lieu a Special Permit for a barber shop and residential use be approved subject to the following conditions: (1) that outdoor advertising and signs be limited to one sign of no more than 2 sq.ft. in size, that it be unlighted, that it does not protrude above the roof line, and that it be flat against the building; (2) that a minimum of 3 off-street parking spaces be provided; and (3) that all other regulations of the "AB" Professional Office District be complied with. Bill Preston, contractor, and Lyle Tanner, applicant, both stated that the off-street parking requirements would provide no difficulty since arrange- ments have been made to use the property across the street for this purpose. • City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 5 Mayor Barnard announced the pending item of the application by Joseph Hans on behalf of the St. Vincent DePaul Society 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, on which public hearing was held August 21st. City Manager Whitney presented a sketch of the area and recommended that the closing be approved in accordance with the design showing a 10' easement in 20th Street from Laredo to the north right-of-way line of Railroad Avenue and that this 10' easement be declared a fire lane with no parking at any time permitted. Motion by de Leon, seconded by Blackmon and passed that the application for the closing of the 80.74 feet of Railroad Avenue abutting Lots 1 and 2, Block 6, and the West 30 feet of 20th Street between Blocks 5 and 6, Patrick Webb Addi- tion, be approved subject to the retention by the City of a 10' wide utility ease- ment in Twentieth Street from Laredo Street to the North right-of-way line of Railroad Avenue, and also excepting any area traversed by a railroad spur track, and that such strip be declared a fire lane with no parking permitted at any time. Motion by Wallace, seconded by Young and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as presented, as follows: a. That the matter of purchase of a Lift Station site for the Staples Relief Main, be deferred; b. That authority to advertise for bids to be received on February 19, 1964, on 1 heavy duty Street Sweeper, be granted; C. That authority to advertise for bids to be received on February 19, 1964, on 1 Turbine Duster, be granted; d. That the acquisition of 22 additional parcels of right-of-way required by the State for the Crosstown Expressway, Highway 286 Relocated, be approved; and the sum of $124,600.00 be appropriated for their purchase; e. That the date of February 26, 1964, during the regular meeting, be set for public hearing on the Appeal of Dr. W. T. Pulliam from the Decision of the Zoning & Planning Commission regarding his application for a Special Use Permit • City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 6 for operation of a trailer park; f. That payment in the sum of $1,730.57 be made to Sessions Mortgage Company, Trustee, for one-half the cost of the street improvements, consisting of paving, curb and gutter, on Fresno Drive abutting Carroll Woods Unit #1, Malibu Park; g. That the request of Estella Avalos for an Interim Zoning Permit to remodel and erect a 6' x 12' frame addition to the existing structure for a fruit stand on Lot 40, Block 4, Hudson Acres, at 1406 Maine Drive, be denied as recom- mended by the Zoning & Planning Commission; h. That an agreement with Joe Kelly for a 6 -months trial period of his proposed plan for the distribution of the City's Industrial Film for the sum of $3715.00, total cost, broken down as follows: Twelve black and white prints @ $127.50, for a total of $1,530; Production of mailing brochure with return card, $385.00; Service Charge, 6 months @ $250, for a total of $1,500.00; and Postage, Stationery and Express, 6 months @ $50.00 for a total of $300.00, making a grand total of $3,715.00, be approved. ORDINANCE NO. 7137 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 N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALL OF LOTS 23 AND 24, BLOCK 4, CABANISS ACRES, BEING THE WEST CORNER OF THE INTERSECTION OF CAROLYN DRIVE AND WOOD STREET, 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 by the following vote; Mayot 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. 7138 AUGHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A WARRANTY DEED TO THE STATE OF TEXAS TO A TRACT OF LAND SITUATED.IN THE CITY OF CORPUS CHRISTI, AND CONSISTING OF A POR- TION OF THE FORMER CLIFF MAUS MUNICIPAL AIRPORT PROPERTY, IN ACCORDANCE WITH • • City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 7 RESOLUTION HERETOFORE ADOPTED BY THE CITY COUNCIL ON THE 26TH DAY OF SEPTEMBER, 1962, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF; 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 Roberts and Wallace, present and voting "Aye". ORDINANCE NO. 7139 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND E. BIEL WHOLESALE GROCERIES, INC., DBA BIELS GROCERY #15, LOCATED AT 3920 LEX- INGTON, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, APPOINTING PERSONS AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF BILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING FEBRUARY 6, 1964, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM SAID ADDRESS BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioner 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. 7140 PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JANUARY 28, 1964, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE CONTINUED USE, OPERATION, AND MAINTENANCE OF THE STREET ILLUMINATION SYSTEM ON THE CORPUS CHRISTI SHIP CHANNEL BRIDGE AND ITS APPROACHES AND INTERCHANGES IN THE CITY OF CORPUS CHRISTI; PRO- VIDING FOR THE EXECUTION OF SAID AGREEMENT; 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". • City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 8 ORDINANCE NO. 7141 APPROPRIATING OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $124,600.00 FOR THE ACQUISITION OF TWENTY-TWO (22) PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF TEXAS AND APPLICABLE TO PROJECT N0: 220-56-24.3 CROSS- TOWN EXPRESSWAY, HIGHWAY #286 RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITH- IN THE "APPROVED VALUE" AS DETERMINED BY THE STATE, 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. 7142 ABANDONING A PORTION OF THE RIGHT OF WAY, BEING FIVE (5') FEET OF RIGHT OF WAY ON EACH SIDE OF BOWIE STREET AND BONHAM STREET, BETWEEN SOKOL DRIVE AND SACKY DRIVE, SO AS TO RETAIN A 50 -FOOT RIGHT OF WAY AND A 10 -FOOT RADIUS AT EACH CORNER; 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. 7143 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 ORDIN- ANCE 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 LOT 3, BLOCK 3, GRAY VILLAGE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN THE MAP RECORDS OF NUECES COUNTY, TEXAS, BEING THAT SAME PROPERTY ALSO DESCRIBED AS A 200' x 391' TRACT OF LAND OUT OF TRACT 6, LOT 2, OSO FARM TRACTS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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". City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 9 The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". SECOND READING OF AN ORDINANCE REPEALING SECTION 8-10 OF THE CORPUS CHRISTI CITY CODE, 1958, BEING PART OF SECTION 3, OF ORDINANCE NO. 2612 ORIGINALLY ADOPTED BY THE CITY COUNCIL ON OCTOBER 25, 1949, SO AS TO NO LONGER REQUIRE AN ANNUAL FEE OF $25.00 FOR EACH BARBER CHAIR LOCATED IN A BARBER COLLEGE; REPEALING SECTION 8-11 OF THE CORPUS CHRISTI CITY CODE, 1958, BEING PART OF ORDINANCE NO. 2612, SECTION 5, SO AS TO NO LONGER REQUIRE THE POSTING OF A BOND. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, and Maldonado, present and voting "Aye"; Commissioners de Leon and Roberts present and voting "Nay", and Wallace abstained. W. 0. Burdett, J. C. Hogan, G. H. Boland, and Roger Estes, presented a petition of approximately 22 names of residents in the Lake View Areas, known as the Rodd Field area, requesting gas service. (Petition #2) The foregoing petition was received, and referred to the City Manager for study and report to the Council within 2 weeks. Commissioner Blackmon brought up the matter of the request of the Southern Coast Corporation for payment of the funds which were deposited with the First State Bank by the City in the amount of $8,246.30, for payment of the cost of relocation, casing and lowering of the gas lines along Shell Road in connection with the railroad relocation of the Harbor Bridge project. Commissioner Roberts felt that the information furnished to the Council was not sufficient evidence to support any action contrary to the recommendation of the City's Legal Departments Commissioner de Leon felt that in view of the charges and counter -charges and the differences of opinion, that the suggested outside legal advise should be obtained before the Council takes any action, referring specifically to Mr. Lewis' offer to pay the fees of three disinterested attorneys to study the matter and furnish their opinion. Commissioner Blackmon felt that the Council had the evidence before it, and that in view of all the controversy, the Council has a judgment decision to make in any event, and that the matter should be settled now. • • City of Corpus Christi, Texas Regular Council Meeting February 5, 1964 Page 10 Motion by Blackmon, seconded by Wallace that in view of the dismissal of the litigation, the action of the District Court and other circumstances, that the funds in the amount of $8,246,30 held in the First State Bank of Corpus Christi under the contract between the City and Southern Community Gas Company and Southern Coast Corporation of November 13, 1959, be released to the Southern Coast Corpora- tion and Southern Community Gas Company, Motion by de Leon, seconded by Roberts that the foregoing motion be tabled. On vote, Commissioners de Leon and Roberts voted "Aye", and Commissioners Young, Blackmon, Maldonado, and Wallace voted "Nay", and Mayor Barnard declared the motion to table had failed. Mayor Barnard called for a vote on the original motion, and Commissioners Young, Blackmon, Maldonado, and Wallace voted "Aye", and Commissioners de Leon and Roberts voted "Nay", Mayor Barnard asked to be recorded as voting "Nay", Mayor Barnard declared the motion to release the funds had passed. Cecil Proctor asked what procedure to follow in order to have a traffic light installed at Gollihar and Carroll Lane in view of the number of accidents within the last 4 or 5 months at this intersection, Mr. Proctor was advised that the Traffic Safety Advisory Board was study- ing a request for a traffic light at this point, and would make its recommendation to the Council very soon. Commissioner Young suggested that consideration and study be given to extending the South Beach to the area in front of the breakwater which could serve as a walkway between the beach and the proposed parking area, and City Manager Whitney suggested the matter be submitted to the Staff for study. There being no further business to come before the Council, the meeting was adjourned.