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HomeMy WebLinkAboutMinutes City Council - 03/25/1964e PRESENT: 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 March 25, 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 the Reverend Lambert H. Schroeder, pastor of Mount Olive Lutheran Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Young, seconded by Maldonado and passed that the minutes of the regular meeting of March 18, 1964, be approved as furnished to the Council. Mayor Barnard read and presented to Miss Mary Kris Malins a Certifi- cate of Merit on behalf of the citizenry of Corpus Christi, the City Council, and himself, commending and congratulating her on her achievement of top honors of the South Texas Science and Mathematics Congress for her exhibit "Some Aspects of Marine Biology". Miss Malins, a student at Incarnate Word Academy, was accompanied by her parents, Mr. and Mrs. Chester W. Malins of 628 DeForrest. Mayor Barnard read and presented to Lawrence Allred a Certificate of Merit on behalf of the citizenry of Corpus Christi, the City Council, and him- self, commending and congratulating him on his achievement of top honors of the South Texas Science and Mathematics Congress for his exhibit "Measurement and Application of the Oxygen Producing Capability of Chlorellapyrenoidosa for use in the Algae Life Support System". Mr. Allred, a student at Tuloso-Midway High School, is the son of Mr. and Mrs. W. E. Allred, 10201 Kingsbury. Mayor Barnard read the following proclamations: TEXAS SEASHORE PARTY DAY, Saturday, July 25, 1964, accepted by Mayor Barney Farley of Port Aransas, and Terry Ferrell of the Corpus Christi Junior Chamber of Commerce; DOCTORS' DAY, March 30, 1964, in honor of the members of the medical profession, accepted by Mrs. James R. Riley, president of the Ladies' Auxiliary of the Nueces County Medical Society, and Mrs. James G. Gabbard, Chairman of Doctors' Day program; BUNNY DAY FOR CRIPPLED CHILDREN, Thursday, March 26, 1964, in support of the • City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 Page 2 Easter Seal campaign of the Nueces County Easter Seal Society, one of the chief sources of support to the Ada Wilson Hospital of Physical Medicine & Rehabilita- tion, Inc., accepted by Mrs. Buford Nicholson, chairman. Mayor Barnard announced the pending item of the request of Jack Constan- tine, president of Gulf Coast Aviation, Inc., to erect an Enco Sign, approximately 33' x 28', on City property at International Airport. City Manager Whitney presented the recommendation of the Staff, also approved by the Airport Advisory Board and Airport Zoning Board, that the request be granted with the stipulation of an annual charge of $240 per year. Motion by Roberts, seconded by Blackmon and passed that the request of Gulf Coast Aviation, Inc., to erect an Enco sign on City property at International Airport, be approved as submitted, with the stipulation of an annual charge of $240 per year. Mayor Barnard requested that he be recorded as voting "Nay". Mayor Barnard announced the pending item of the request of Fred Aldridge for an Interim Zoning Permit to erect a 20' x 50' one-story open frame stable on Lot 2, Block 1, Lakeview Acres, at 6832 Lakeview Drive, on which public hearing was held March 18, 1964. City Manager Whitney presented a letter received from Dr. H. N. Siemer following the public hearing, in opposition to the request, and reported receipt of one telephone call also in opposition to the request. He read and pointed out that in accordance with the amendment to the Livestock Ordinance, the number of horses being kept on the property is waived, and this matter is therefore no long- er pertinent; that a March 24th inspection of the property by the Health Depart- ment reports the sanitary regulations are not being complied with with respect to the condition of the stalls, the stock pile of horse manure and disposal, and the existence of an open pit privy; and recommended that if the request is granted, it be done so with the provision that all existing sanitary regulations be com- plied with first. Motion by Roberts, seconded by Wallace and passed, with Commissioner Blackmon abstaining, that action on the request of Fred Aldridge for an Interim Zoning Permit be tabled for one week to give the applicant an opportunity to com- ply with the sanitary regulations, and that another inspection of the premises be • City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 Page 3 made to see if the sanitary regulations have been fulfilled. Commissioner Blackmon asked that the minutes reflect he had abstained for the same reason he had abstained from all previous discussion of this matter. In answer to a question from Dr. Siemer, Mayor Barnard explained that if standards of sanitation are not maintained, a complaint can be made, the Health Department then makes an inspection and if warranted, charges are filed against the property owner. Mayor Barnard announced the public hearing on the appeal of Mr. and Mrs. Charles C. Edwards from the decision of the Zoning & Planning Commission in :ianyrag the application for a Special Use Permit for the operation of a trailer park on all of Lots Al & A2, Savage Lane Addition. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that 21 notices were mailed out, 5 written returns received in favor of the request, and one against; that the applicant had appeared in support of his request at the Commission's hearing, and no one appeared in opposition; and that the Zoning & Planning Commission had denied the application on the basis that a plot plan and sufficient information had not been furnished. Mr. Lake explained that the Planning Staff has conferred with the applicant on the same basis as in a recent similar application with similar circumstances; and presented two site plans, one of which is preferred by the appli- cant in that he feels it provides more maneuvering room, indicating the number and location of the trailer lots, and driveways and parking spaces; and stated that the following conditions are recommended by the Planning Staff if the Council desires to grant the appeal: (1) that outside lighting be erected in such manner that it not be detrimental to or project onto adjacent property; (2) that outdoor advertising be restricted to a single square foot identification sign; (3) that all driveway and parking surfaces for the trailer park be constructed of asphalt surfacing; (4) that every trailer space be furnished with a connection to City sewer or a private sewage 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; (5) that outside plumbing be prohibited, that all trailers be modern and equipped with minimum features - commode, tub or shower, s City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 Page 4 and sink; (6) that the owner or operator of the trailer park be responsibile for the storage and disposal of garbage and refuse; (7) 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; (8) that a minimum open space of 10 feet 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 established building line in that block; (9) that all plumbing and electrical wiring meet national and local standards for trailer parks; (10) that no more than eight house trailers be permitted on the subject property; and (11) that all other regulations of Trailer Ordinance No. 786 be complied with; and that it was further recommended that a time period of not more than three years for review and possible renewal of the permit be included as a condition of approval. Mr. Lake reported that Mr. Edwards has agreed to the foregoing eleven conditions, but is not in favor of the three-year time limitation. It was reported that the applicant had telephoned that he was unable to appear due to his job responsibilities. George W. Powers, owner of Lot P across the street, spoke in favor of the request, stating that the rental property in question is presently well main- tained and there is no reason to think Mr. Edwards would not do the same with the new operation. No one appeared in opposition to the application. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed. Motion by Roberts, seconded by Wallace and passed that the application of Mr. and Mrs. Charles C. Edwards for a Special Use Permit for the operation of a trailer park on all of Lots Al & A2, Savage Lane Addition, be granted in accordance with the site plan presented at this hearing, and subject to a time period of five years for review and possible renewal of this permit, and further subject to the following conditions. (1) that outside lighting be erected in such a manner that it not be detrimental to or project onto adjacent property; (2) that outdoor advertising be restricted to a single square foot identification sign; (3) that all driveway and parking surfaces for the trailer park be con- • City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 Page 5 strutted of asphalt surfacing; (4) that every trailer space be furnished with a connection to City sewer or a private sewage 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; (5) that outside plumbing be prohibited, that all trailers be modern and equipped with minimum features commode, tub or shower, and sink; (6) that the owner or operator of the trailer park be responsible for the storage and disposal of garbage and refuse; (7) 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; (8) that a minimum open space of 10 feet in depth around each trailer be provided from adjacen property and division lines and that no building or trailer be allowed to project nearer to front building lines than theestablished building line in that block; (9) that all plumbing and electrical wiring meet national and local standards for trailer parks; (10) that no more than eight house trailers be permitted on the subject property; and (11) that all other regulations of Trailer Ordinance No. 786 be complied with. Mayor Barnard announced the public hearing on the application of Mr. and Mrs. Lewis Even for a change of zoning from "R -1B" One -family Dwelling District to A-2" Apartment House District on all of Lots 6 & 7, Block 14, Villa Gardens. Tom Lake located the property on the map, pointed out the zoning and land use of the area; stated that the applicant appeared in support of his request at the Commission hearing, and no one appeared in opposition; that 23 notices were mailed out, 2 written returns received in favor of the request and none against; and that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that approval would constitute spot zoning and encroachment into an existing residential area. Mr. Lewis Even, applicant, appeared in support of his request; explained that he proposed to sell the lots to an individual who planned to construct approxi- mately 19 three-room apartments; pointed out the various properties in the area presently being used for more than one -family residences, and for other than residential use. Mr. Gerald Young, 633 Scott Drive, appeared in opposition to the re- quest on the basis that it was not in the best interests of the adjacent resi- dential area to have this zoning. • City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 - Page 6 Motion by de Leon, seconded by Roberts and passed that the hearing be closed. Motion by de Leon, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and that the application be denied in view of the fact that it would constitute spot zoning, and there are no definite plans for development. Mayor Barnard announced the public hearing on the application of the Texas Laundry of Corpus Christi, Inc. for a change of zoning from "A-2" Apartment House District to "I-2" Light Industrial District on the north 33-1/3' of Lot 2 and all of Lot 3, Block A of the Bluff Portion. Tom Lake located the property on the map; pointed out the zoning and land use of the area; explained that the area of request is presently being used for a parking lot, and the applicant proposes to expand the present adjacent operation on a portion of the property, retaining the remainder for parking; that an official of the company, the company's attorney, and an official of K -SIX Television appeared at the Commission hearing in support of the application, and no one appeared in opposition; that 22 notices were mailed out, 4 written returns received in favor of the application, and none against; and that the recommendation of the Zoning & Planning Commission was that it be approved as submitted. City Manager Whitney presented a letter received from W. M. Neyland, owner of Lot 5 & 6, Block B, Bluff Portion, in favor of the request. No one appeared in opposition to the request. Motion by Wallace, seconded by Blackmon and passed that the hearing be closed. Motion by Wallace, seconded by Blackmon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the change of zoning on the north 33-1/3' of Lot 2 and all of Lot 3, Block A of the Bluff Portion, from "A-2" to "I-2" Light Industrial District, be granted. Mayor Barnard called for the City Manager's Reports. Motion by Roberts, seconded by de Leon and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as presented, as follows: • • City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 Page 7 a. That the award of contract for construction of Unit III, Oso Sewage Plant Improvements, be made to F. M. Thornton in the amount of $499,823 with the provision that Item 2 of the contract be subject to review and deletion within 120 days of the date of execution of the contract, and subject to final approval by the State Department of Health and U. S. Public Health Service; and that the sum of $515,000 be appropriated; b. That the plans and specifications for construction of a spray pool in Elgin Park be approved; and that authority to advertise for bids to be received on April 15, 1964, be granted; c. That the plans and specifications for construction of Fire Station No. 12, on Rand Morgan Road south of Leopard Street, be approved; and that authority to advertise for bids to be received on April 158 1964, be granted; d. That the date of April 15, 1964, at a special meeting at 4 p.m., be set for public hearing on the zoning applications of H. M. DeVille; Joe H. George & C. A. Simpson; Max C. Kluge; Ethel Hendricks; and Joe Solis; e. That the proposed agreement with the Nueces County Water Control and Improvement District No. 2 for the transfer to the City of the assets of the District, which when transferred will become an extension of and part of the Water Distribu- tion System of the City, and will be so operated, be approved; and that the sum of $490,000 be appropriated for the Flour Bluff System extensions. SECOND READING OF AN ORDINANCE GRANTING A FRANCHISE TO SOUTHWESTERN OIL & REFINING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BENEATH AND EXTENDING ACROSS WEST BROAD- WAY STREET AND NORTH PORT AVENUE, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND TO USE SUFFICIENT PORTIONS OF THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY FOR THE LAYING OF SAID PIPELINES; PROVIDING FOR THE FILING OF PLANS AND SPECIFICATIONS AND OBTAINING OF PERMITS FROM THE DIRECTOR OF PUBLIC WORKS FOR CONSTRUCTION WITHIN THE SAID RIGHT OF WAY; PROVIDING THAT THE USE OF SUCH RIGHT OF WAY UNDER SUCH FRANCHISE SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREETS BY THE CITY OR THE INHABITANTS THEREOF; PROVIDING FOR THE FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE TERMS AND RESTRICTIONS CONTAINED IN SAID FRANCHISE AND THIS ORDINANCE; PROVIDING FOR PUBLICATION AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THIS FRANCHISE. 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". • City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 Page 8 ORDINANCE NO, 7179 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 SECTION 4-1 OF ARTICLE 4, SO AS TO INCREASE THE ZONING DISTRICTS TO BE EIGHTEEN (18) IN NUMBER, BY THE ADDITION OF A NEW DISTRICT TO BE DESIGNATED "'F -R' FARM -RURAL DISTRICT"; AND ADDING A NEW ARTICLE TO BE DESIGNATED AS ARTICLE 4AFR, ESTABLISHING SAID DISTRICT AND SETTING FORTH THE REGULATIONS PERTAINING TO SAME; 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". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Roberts, present and voting "Aye", Wallace voting "Nay". ORDINANCE NO. 7180 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH F. M. THORNTCN FOR THE CONSTRUCTION OF UNIT III OF THE OSO SEWAGE TREATMENT PLANT IMPROVEMENTS, DESIGNATED AS PROJECT NO. 250-61-25.3, SAID CONTRACT AWARD TO BE SUBJECT TO FINAL APPROVAL BY THE STATE DEPARTMENT OF HEALTH AND U. S. PUBLIC HEALTH SERVICE; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $515,000 OF WHICH AMOUNT $449,823 IS FOR THE CONSTRUCTION CONTRACT AND $15,177 IS FOR CONTINGENCIES, INCLUDING LEGAL ADVERTISING, LABORATORY TESTING AND DETAIL INSPECTION; 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. 7181 ABANDONING THE UTILITY EASEMENT AND A RAILROAD EASEMENT IN BLOCK ONE, PORT AVENUE PROPERTIES, A SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN ON MAP OR PLAT THEREOF ON FILE IN THE MAP RECORDS IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS; 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 March 25, 1964 Page 9 ORDINANCE NO. 7182 • 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 SCOTT BLEDSOE, JR., OF BEE COUNTY, TEXAS, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON CORPUS CHRISTI MUNICIPAL AIRPORT SITE, WHICH PLOT IS AN AREA 500 FEET BY 350 FEET ADJOINING AND NORTHEAST OF TAXIWAY "P", THE SOUTHEAST CORNER OF SAID LAND AREA AT A POINT ON THE NORTHEAST EDGE OF SAID TAXIWAY "P" 750 FEET FROM THE EASTERN MOST CORNER OF SAID TAXIWAY "P", A COPY OF SAID ASSIGNMENT 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, 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". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 2, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 1182c-1, V.A.C.S., A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, FOR THE TRANSFER TO THE CITY OF CORPUS CHRISTI OF THE ASSETS OF THE DISTRICT, WHICH ASSETS WHEN TRANSFERRED WILL BECOME AN EXTENSION OF AND PART OF THE WATER DISTRIBUTION SYSTEM OF THE CITY,IN CON- SIDERATION ONSIDERATION OF THE AGREEMENT OF THE CITY TO OPERATE SAID FACILITIES AS A PART OF THE WATER DISTRIBUTION SYSTEM OF THE CITY; SETTING FORTH THE PROVISIONS OF SAID AGREEMENT; APPROPRIATING $490,000, OF WHICH $333,000 IS OUT OF WATER SYSTEM BOND FUND NO. 202 AND $160,000 IS FROM THE FLOUR BLUFF WATER SYSTEM ACQUISITION CLEAR- ING FUND, FOR PROJECT NO. 202-64-24, EXTENSIONS - FLOUR BLUFF SYSTEM. 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". Kenneth Gunderland, Gunderland Marine Supplies, Inc., inquired as to the status of the proposed acquisition of his property in connection with the proposed Arts & Science Park. City Manager Whitney explained that the appraisals for all of the properties involved have not been received, but that he expects to have a report to present to the Council at Monday night's Work Shop. It was further explained that as soon as the total figure is determined for the necessary appropriation, a schedule for acquisition of the various properties will be set up and negotia- tions with the separate property owners will follow. • City of Corpus Christi, Texas Regular Council Meeting March 25, 1964 Page 10 Mayor Barnard requested City Secretary Kring to notify Mr. Gunderland when the matter was to be presented. Mrs. Fred A. Miller, resident of Route 1, Robstown, spoke in opposition to the proposed Arts & Science Park project; protested letting any certain group have complete control of any public building, and the establishing of a private building on public property; stated that she thought the 1° per cent tax raise was unmerciful; and asked if the proposed bonds for the bath house and restaurant shouldn't be revenue bonds. -Mayor Barnard explained that a tax raise was not presently before the Council, since the tax rate is not set until the adoption of the Budget; that the bond issue is by no means set up; that there is a great deal of precedent for using public park land for various public enterprises, as in the matter of Little League Baseball; and that the people who set up the standards for revenue bonds make it difficult for recreational facilities to come under revenue bonds. There being no further business to come before the Council, the meeting was adjourned. 1, JAMES L. BARNARD, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of March 4, 1964, through March 25, inclusive, and having been previously approved by Council action, are by me hereby approved. JAMES L. BARN D, Mayor City of Corpus Christi, Texas