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HomeMy WebLinkAboutMinutes City Council - 03/11/1964PRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts Church, CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 11, 1964 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer Ass't City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by Dr. Vernon Elmore, pastor of First Baptist City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Young and passed that the absence of Commissioner W. H. Wallace, Jr. be excused for cause. Motion by Maldonado, seconded by Young and passed that the minutes of the regular meeting of March 4, 1964, be approved as furnished to the Council. Mayor Barnard called for the opening of bids. It was reported that the Plan, Experience & Equipment Questionnaire of R. S. Black, contractor, was submitted on March 10th, and therefore does not comply with the provisions of the ordinance requiring the prequalification of bidders at least 48 hours prior to the bid opening, which was also mentioned in the Notice to Bidders. City Attorney Singer stated that the ordinance can be amended or repealed, if the Council so desires, but that in any event, the exist- ing ordinance applies in this instance, and there is no provision for waiving the requirement. Mayor Barnard ruled that the bid be returned unopened to the bidder, with the explanation as to why it did not qualify. Bids were opened and read on the construction of the Oso Sewage Treat- ment & Fertilizer Plant, Unit III from the following: F. M. Thornton; and Heldenfels Bros The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Barnard announced the pending item of the appeal of Dr. W. T. Pulliam from the decision of the Zoning & Planning Commission in denying his application for a Special Use Permit for the operation of a trailer park on all of Lot "J" Savage Lane Addition, on which public hearing was held March 4, 1964. City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 2 Tom Lake, Zoning Coordinator, presented the proposed site plan for the property showing the number and location of trailer lots and existing houses and driveway access from Savage Lane, and called attention to the recommendation of the Planning Staff that the permit, if approved by the City Council, be condi- tioned as follows; (1) that the permit be granted on a temporary basis for a period not to exceed three years; (2) that outside lighting be erected in such manner that it not be detrimental to or project onto adjacent property; (3) that outdoor advertising be restrictedto a single onesquare foot identification sign; (4) that all driveway and parking surfaces for the trailer park be con- structed of asphalt surfacing; (5) that every trailer space be furnished with a connection to City sewer or a private sewerage disposal system approved by the Public Works Department of the City of Corpus Christi in accordance with public health standards and that no community sanitary facilities be permitted; (6) that outside plumbing be prohibited, that all trailers be modern and equipped with minimum features - consnode, tub or shower, and sink; (7) that the owner or operator of the trailer park be responsible for the storage and disposal of garbage and refuse; (8) that trailer not be set on permanent foundation and that wheels not be removed from trailer, so as to permit ready removal at all times; (9) that a minimum open space of 10' in depth around each trailer be provided from adjacent property and division lines and that no building or trailer be allowed to project nearer to front building lines than the estab- lished building line in that block; (10) that all plumbing and electrical wiring meet national and local standards for trailer parks; (11) that no more than nine house trailers be permitted on the subject property; and (12) that all other regulations of Trailer 0rdinance No, 786 be complied with. Mr. Lake explained that all of the foregoing conditions are satis- factory to the applicant with the exception that he desires to use shell sur- facing rather than asphalt. Commissioner Roberts felt it was unfair to require the asphalt drive- ways if the use was to be limited to a 3 -year period; and Mayor Barnard reminded the Council that the area might well become commercial property under the perman- ent zoning. City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 3 It was noted that six affirmative votes are required to approve the granting of the Special Use Permit in this instance, and that the full Council was not present. Motion by Blackmon, seconded by Young and passed that the matter be tabled for one week, until. the full Council is present, and that further con- sideration-1)e on-sideration be given to the driveway material. Mayor Barnard announced the public hearing on the application of Rumble 011 & Refining Company for a permit to drill and operate a well in Lot 3, Block 41 of the Flour Bluff & Encinal Subdivision. City Manager Whitney explained that on February 14, 1964, the Humble Oil & Refining Co. had been granted a permit to drill a well on its R. G. Chapman Lease in Lot 3, Block 41 of the Flour Bluff & Encinal Subdivision, to be located 330' northeast of the southeast line of the lease and 1420' northwest of R. G. Chapman #1 Well, subject to certain variances requested in the application; that it was subsequently discovered that the well was approximately 90' off of Lexington Boulevard, whereas the drilling ordinance requires the well be not less than 330' from the highway; and that operations have been suspended pend- ing the outcome of this application. Don McReynolds, attorney, and Richard McCarty, area attorney, for Humble Oil & Refining Company, explained the ownership of the applicant of a lease covering approximately 193 acres of Section 41 and Section 42 of Flour Bluff & Encinal Farm & Garden Tracts; that this application contemplates drill- ing a directional well from a location approximately 340' from Lexington Boule- vard; explained the mechanics of the operation; that the drilling would require only about two weeks' time; that the applicant has had the drilling lease for approximately 30 years, and had no way of knowing the present property owners since the lots are in an unrecorded subdivision. Mr. Anderson, owner of Padre Motel, and his attorney, Howard Sudduth, Mr. C. F. Ditty, owner of the lot on which the well is located, and his attorney, Faires Wade, Bill Bradshaw, adjacent property owner, and W. R. Cockrill, prop- erty owner, all spoke in opposition to the granting of the permit on the basis that the noise would be very detrimental to the motel businesses in the immediate City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 4 area, would destroy any potential surface development of their properties, and should not be permitted along this highway access to the National Seashore Park of Padre Island. Mr. Sudduth and Mr. Wade urged that no decision be made in this matter until the Gas & Oil Wells Committee has completed their study on the proposed new drilling ordinance and submits a recommendation to the Council, and until the recently annexed areas have been divided into drilling blocks. City Manager Whitney stated that a Staff Study is presently underway to establish drilling blocks for all of the newly annexed areas, and will soon be ready for submission to the Council Commissioner Roberts pointed out that the Council has been granting drilling permits recently in various areas, and that it would be wiser to do so in this instance before the surface area is more fully developed since the development of the mineral rights is of great economic importance to the area as well as the surface development. Motion by Blackmon, seconded by Roberts and passed that the hearing be closed. Motion by Roberts, seconded by Young that the request of Humble Oil & Refining Company for a permit to drill a well at the new location shown on the plat on Lot 3, Block 41, Flour Bluff & Encinal Subdivision, subject to the variances as outlined in the application, be granted. Commissioner de Leon felt that the Council was not in a position to make a decision at this time; and Mr. Anderson was concerned about the insurance on his Motel and the financing for future expansion of his operation. Motion by de Leon, seconded by Maldonado and passed, with Commission- ers Roberts and Young voting "Nay", that the foregoing motion be tabled. Mayor Barnard did not vote, but declared the motion to table had carried by a vote of 3 to 2. Motion by Blackmon, seconded by de Leon and passed that the matter be taken under advisement. Mr. McCarty asked that the records show that the abandonment of the permit granted on February 14, 1964, was conditioned on the granting of this permit, and that he considered the old permit is still in effect. • City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 5 Mayor Barnard announced the public hearing on the application of Southwestern Oil & Refining Company for the closing of that portion of Nueces Bay Boulevard between the Missouri Pacific Railroad right-of-way and the turn- ing basin shoreline. Mike Kendrick, attorney representing the applicant, located the area to be closed on a map and explained that the area would be paved and used by their employees for access and parking and possibly by taxicabs for company passengers, and that there would probably be a barricade or gateway installed to indicate it was not a public road, and that since the applicant is the owner of the abutting property on both sides, the public is not served by the street anyway. City Manager Whitney explained that the Public Utilities Department has no objection to the closing since there are no utility lines involved; that the Traffic Engineering Department recommended that the point of closure should be north of East Broadway at the Missouri Pacific Railroad right-of-way to the turning basin shoreline, or that provision should be made for a 100' diameter turnaround at the place of closure; and that the Fire Chief is con- cerned with the access to the property for fire fighting equipment in the event of such need. Motion by Young, seconded by Blackmon and passed that the hearing be recessed for one week. Mayor Barnard requested that a conference be arranged with the Fire Chief before next week's meeting to work out the matter of access for fire fighting equipment. Mayor Barnard announced the public hearing on the appeal of McCord Wholesale from the decision of the Zoning & Planning Commission relative to a 10' right-of-way dedication requirement in front of Holly Industrial Subdivision. City Manager Whitney reviewed the Commission Meeting Minutes by which the 10' additional street right-of-way on Ayers Street in front of the applicant's property was made a requirement for the approval of his platting of his property. William Anderson, Director of Planning, reviewed the background of the appeal, and stated that in platting his property pursuant to his application for • • City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 6 a building permit, the Commission had approved the plat subject to the require- ment of the 10° street right-of-way on Ayers in accordance with each of four proposed and recommended plans for a 120' right-of-way for a proposed 4 -lane divided highway at this point recommended by the Highway Department, the orig- inal Area Development Committee, the City and the County, and the Master Street Plan that has been used for the last four or five years; and that the Trans- portation Study of traffic projected to 1983, based on the completion of the new freeway, also contemplated the need for the 4 -lane divided highway to accommodate the anticipated 30,000 cars per day at this point. He explained that a study of what has been done in previous instances indicated that 250 plats approved by the Commission in the past three years required dedications. Two exceptions were noted in that the Staff did not recommend the full width at Staples and Everhart because it would destroy the use of the property and because of peculiar circumstances the additional right-of-way was not needed, and in the other case on Sacky Street, the Commission recommended a 50' right- of -way instead of a 60' right-of-way, thereby reducing the recommended dedica- tion from 35° to 25'. Mr. J. E. McCord, Jr., applicant, stated that the requirement did not affect his proposed building line, but that he had been requested to appeal the matter as a test case, as he felt he was being required to dedicate land for highway purposes in order to be allowed to build on his property. Ronald Wood, member of the Zoning & Planning Commission, stated that the Commission had requested the Planning Department to present the matter in the light of a request to meet with the Council to establish an intrepretation of the Platting Ordinance as to whether or not the street dedication require- ment for the platting of subdivisions should be applied to the platting of one - lot subdivisions. Tom Marshall, Chairman of the Zoning & Planning Commission, pointed out that the building line would be the same in any case, that the motion was made in some form so that a test case could be made; that by action, the Plat- ting Ordinance has been interpreted that one lot is a subdivision; that the area needs study, and that the Committee established to study the Platting • City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 7 Ordinance revision is having its final meeting tonight on the revision to be presented to the Zoning & Planning Commission who will make recommendation to the Council as soon as possible. Assistant City Attorney Pilcher pointed out that the plat before the Council showed a two -lot subdivision; that the Hygeia Dairy property was re- quired to make the dedication at this point for a 120' right-of-way for the contemplated future street width, and that if one plat on this street is approved without dedication, it will be hard to require the dedication on sub- sequent plats, and expensive to the City to acquire when needed. Motion by Roberts, seconded by Young and passed that the hearing be closed. Motion by Blackmon, seconded by Maldonado and passed that the matter of the appeal of McCord Wholesale be taken under advisement pending recommenda- tion from the Platting Ordinance Revision Study Committee. Mayor Barnard called for the City Manager's Reports. Motion by de Leon, 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 acceptance and payment of final Estimate #1 in the amount of $2,020.00 to King Construction Company for the repairs at the H. E. Butt Swim- ming Pool, be approved; b. That the real estate sales contract with Don L. Richardson for the purchase by the City of Parcel #2, a portion of Lot 8, Section #19, Bohemian Colony Lands, containing approximately 6z acres, for the sum• of $6,500.00 in connection with the Schanen Ditch Relocated project; and that $6,607.65 be appropriated to cover the cost of acquisition; c. That the plans and specifications for the proposed construction of sanitary sewer extensions to serve the Jackson Woods Subdivision, be approved; and that authority to advertise for bids to be received on April 1, 1964, be granted; d. That the real estate sales contract with Mrs. Eleanor W. Faltinson for the purchase by the City of a 8.135 acre tract of land adjacent to the • City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 8 Erskine Fill for the sum of $16,270,00 for refuse and disposal purposes, be approved; and that $16,430.75 be appropriated to cover the cost of acquisition; eo That the award of bid be made on the basis of low bid meeting specifications to ARMCO Steel Corporation for 1403' of 21" Corrugated Galvan- ized Casing, 16 gauge, 180' of 24" Corrugated Galvanized Casing, 14 gauge, and 85' of 48" Corrugated Galvanized Casing, 12 gauge, for a total of $6,728.94; (Bid Tabulation #13) f, That the recommendation of the Zoning & Planning Commission for approval of the Interim Zoning Permit to Sam Kane to erect a 30' x 60' all metal warehouse building on Lot "A", Frank Partitions, at 9501 Leopard, be approved. ORDINANCE NO. 7172 RECEIVING AND ACCEPTING THE CONSTRUCTION, CONSISTING OF REPAIRS AT THE H. E. BUTT SWIMMING POOL, AS PERFORMED BY THE CONTRACTOR, KING CONSTRUCTION COMPANY, UNDER Tku IR CONTRACT DATED JANUARY 29, 1964, AUTHORIZED BY ORDINANCE NO.7135; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 1, DATED MARCH 4, 1964, IN THE AMOUNT OF $2,020.00, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM PARK AND RECREATION FUNDS PREVIOUSLY APPROPRIATED AND CURRENTLY BUDGE'T'ED IN ACTIVITY N0, 4134, CODE 345; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. ORDINANCE NO. 7173 APPROPRIATING OUT OF NO 295 STORM SEWER FUND THE SUM OF $6,607.65, OF WHICH AMOUNT $6,500.00 IS FOR ACQUISITION OF PARCEL N0. 2, SAME BEING MORE FULLY DE- SCRIBED HEREINAFTER, AND $107.65 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT NO. 295-61-37, SCHANEN DITCH RELOCATED; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absents City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 9 ORDINANCE NO. 7174 • APPROPRIATING AND REAPPROPRIATING THE SUM OF $16,430.75, OF WHICH AMOUNT $13,954.00 IS FROM PARK DEVELOPMENT TRUST ACCOUNTS NO. 1751 AND NO. 1752 AND $2,476.75 IS FROM PARK CONSTRUCTION FUNDS, ACTIVITY NO. 4122, CODE 501, SAID AMOUNT OF $16,430.75 BEING FOR ACQUISITION OF 8.135 ACRES OF LAND OUT OF LOT 8, SECTION E, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, MORE FULLY DESCRIBED HEREINAFTER, AT A COST OF $16,270.00 FROM MRS. ELEANOR W. FALTINSON, AND THE SUM OF $160.75 BEING FOR TITLE EXPENSE AND RELATED COSTS THERETO; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF pit. CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote; Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. The foregoing' ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. ORDINANCE NO. 7175 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO MALIBU HEIGHTS CLUB, INC., TO BLOCK R OF MALIBU HEIGHTS PARK AS SHOWN ON MAP OF RECORD IN VOLUME 27, PAGE 32 OF THE MAP RECORDS 0rNUECES COUNTY, TEXAS, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. ' The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. ORDINANCE NO. 7176 AMENDING ORDINANCE NO. 7169, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 4, 1964, SO AS TO AUTHORIZE THE EXECUTION BY THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY, OF AN AGREEMENT WITH GREATER CORPUS ENTERPRISES, INC., IN LIEU OF AND INSTEAD OF THE AGREEMENT WITH JOE BARSHOP, AUTHORIZED TO BE EXECUTED IN SAID ORDINANCE NO. 7169, A COPY OF WHICH NEW AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.' The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts all present and voting "Aye", and Commissioner Wallace; absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado, and Roberts all present and voting "Aye", Commissioner Blackmon voting "Nay", and Commissioner Wallace, absent. • City of Corpus Christi, Texas Regular Council Meeting March 11, 1964 Page 10 In connection with the foregoing Ordinance No. 7176, Commissioner Blackmon asked to be recorded as being opposed to the aerial construction over a street. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER AN AGREE- MENT WITH THE CORPUS CHRISTI CHAPTER OF THE AMERICAN ASSOCIATION OF RETIRED PERSONS TO PERMIT SAID ORGANIZATION TO USE THE BUILDING AND FACILITIES LOCATED ON A PORTION OF THE GROUNDS GENERALLY REFERRED TO AS "ARTESIAN PARK", FOR A TERM OF FIVE YEARS, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 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, and Roberts all present and voting "Aye", and Commissioner Wallace, absent. City Manager Whitney introduced Mrs. J. A. Baugh, accompanied by a group of business property owners in the 1300 block of South Staples Street, who urged that the Council give favorable consideration to their request for the re- moval of parking meters on Staples Street from Kinney to Six Points on the basis that the property owners are suffering an economic depression due to loss of long- standing tenants and inability to rent their buildings since the installation of the parking meters; suggested that one-hour parking be imposed instead, which could be checked by the same officer that checks the one-hour parking farther down the street. Mr. Trevino, one of the group, requested that the bus stop be moved from in front of his building to the corner or farther down the street; and that the very poor drainage in the alley running parallel to Staples Street in back of their buildings be corrected so as to make the alley usable. With the approval of the Council, Mayor Barnard requested that a report be furnished the Council with respect to the amount of revenue being received from the meters in question, and that the matter be referred to the Traffic Safety Advisory Board for recommendation as soon as possible, and that the matter of the drainage of the alley be referred to the City Manager. Commissioner de Leon gave a brief oral report of his recent visit to Monterrey, Mexico, officially representing the Mayor and Council, inviting the people of Monterrey to visit Corpus Christi during the coming Holy Week. There being no further business to come before the Council, the meeting was adjourned.