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HomeMy WebLinkAboutMinutes City Council - 04/01/1964PRESENT: 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 April 1, 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 John A. Thompson, rector of St. Thomas Episcopal Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by de Leon and passed that the minutes of the regular meeting of March 25, 1964, be approved as furnished to the Council. Mayor Barnard read the following proclamations: ANNUAL 4 -C's LUNCHEON DAY in Corpus Christi, Saturday, April 4, 1964, in observance of Texas Industrial Week, accepted by Mrs. Lorene Kennedy, chairman of the Luncheon; FUTURE HOMEMAKERS OF AMERICA WEEK in Corpus Christi, April 5-11, 1964, accepted by Miss Dianne Ryan; NATIONAL MUSIC WEEK in Corpus Christi, April 6-12, 1964, sponsored by the National Federation of Music Clubs, accepted by a representative of Mr. Raymond Rhea, Coordinator of Music of the Corpus Christi Independent School District. Mayor Barnard announced the Chair was open for nominations for appointments to Boards and Committees. Mayor Pro Tem Young nominated the following for appointment to the Airport Advisory Board: Robert E. Schneider and R. Putnam Hill, for reappointment, and M. D. Miller, Phillip A. Schraub, and G. Robert Welch for appointment. Motion by Maldonado, seconded by de Leon and passed that nominations cease. Motion by Maldonado, seconded by de Leon and passed that Robert E. Schneider and R. Putnam Hill be reappointed, and M. D. Miller, Phillip A. Schraub, and G. Robert Welch be appointed by acclamation to the Airport Advisory Board. Certificates of Appointment were presented to the foregoing by Mayor Pro Tem Young. Commissioner de Leon nominated the following for appointment to the Charter • City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 2 Amendment Advisory Committee: Mrs. Heyward White, James De Anda, Allan Motion by Wallace, seconded and that Mrs. Cecil Burney, Mrs. J. De Anda, Allan Mote, James Doughty, Cecil Burney, Mrs. J. W. Gary, William D. Bonilla, Mote, James Doughty, and Allen Wood. by Blackmon and passed that nominations cease, W. Gary, William D. Bonilla, Heyward White, James and Allen Wood be appointed by acclamation to the Charter Amendment Committee. Certificates of Appointment were presented to the foregoing by Commissioner de Leon. Commissioner Maldonado nominated John P. Mitchell, Jr. and Rear Admiral R. S. Clarke for reappointment, and Dr. Jack F. McKemie, Mrs. Levi Materne, Mrs. Reid B. Cochran, Jr., and Robert H. Blair for appointment to the Bayfront Advisory Board. motion by de Leon, seconded by Roberts and passed that nominations cease, and John P. Mitchell, Jr. and Rear Admiral R. S. Clarke be reappointed, and Dr. Jack F. McKemie, Mrs. Levi Materne, Mrs. Reid B. Cochran, Jr., and Robert H. Blair be appointed by acclamation to the Bayfront Advisory Board. Certificates of Appointment were presented to the foregoing by Commissioner Maldonado. Commissioner Blackmon nominated John Miller, Bill Stalter, and Gene Urban for reappointment, and Herman F. Waters and Owen B. Cox for appointment, and E. P. Limon as alternate to the Board of Adjustment. Motion by Wallace, seconded by Young and passed that John Miller, Bill Stalter, and Gene Urban be reappointed, and Herman F. Waters and Owen B. Cox be appointed, and E. P. Limon as alternate, by acclamation to the Board of Adjustment. Certificates of Appointment were presented to the foregoing by Commissioner Blackmon. Mayor Barnard announced the opening of bids. Bids were opened and read on the construction of Sanitary Sewer Extensions for Jackson Woods Subdivision, Unit I, from the following: T. H. Lee, contractor; Fowco Construction Co.; and Heldenfels Brothers. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 3 Mayor Barnard announced the pending item of the request of Fred Aldridge for an Interim Zoning Permit to erect a 20° x 50' open stable on Lot 2, Block 1, Lakeview Acres, at 6832 Lakeview Drive, action on which was deferred at the regular meeting on March 25th for one week for compliance with sanitary regulations. City Manager Whitney reported that some progress had been made toward com- pliance, but the sanitary regulations have not been fully complied with. He reported receipt of a telephone call from the applicant's attorney requesting that the request be tabled due to the fact that the applicant was negotiating to sell the property in question, and if successful, would subsequently withdraw the application. Mayor Barnard felt that it behooved the City to treat the opposition to this request in the nature of a complaint, and to see that the sanitary regulations of the City are complied with. Motion by Young, seconded by de Leon and passed with Blackmon abstaining as in all previous discussion of this matter, that the request of Fred Aldridge for an Interim Zoning Permit with respect to Lot 2, Block 1, Lakeview Acres, 6832 Lakeview Drive, be tabled. Mayor Barnard called for the City Manager's Reports. Motion by de Leon, seconded by Maldonado and passed, with Commissioner Wallace voting "Nay" on Item "h" only as noted below, thatthe City Manager's Reports be accepted, and the recommendations and requests be approved and granted as presented, as follows: a. That the award of bid on Ductile Iron and/or Cast Iron Pipe be made on the basis of the only bid received meeting specifications to American Cast Iron Pipe Company for a total of $12,463.21; (Bid Tabulation #15) b. That the award of bid be made on the basis of low bid meeting specifi- cations to Moore Business Forms, Inc. for one Imprinter Detacher and Forms Stacker, Moore Model #419, for $3,336.60; (Bid Tabulation #16) c. That the request of the County Engineer to proceed with the preparation of the specifications and the taking of bids for the repainting of the Tule Lake Lift Bridge in which the City, County, and Navigation District participate jointly in the cost of maintenance and operation, be approved; and that the sum of $17,000 • City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 4 be appropriated at this time as the estimated maximum City's share of the cost; 1964, d. That the date of April 15,/ during the regular meeting be set for public hearing on the request of Southwestern Oil & Refining Company for the closing of a portion of an alley within Block 5, Sunset Place; and on the request of Southwestern Oil & Refining Company for thee closing of a portion of Erwin Street lying east of the present location of Lawrence Drive; e. That the request of the State Highway Department for amendment to the City Traffic Code to provide for speed regulations ranging from 35 m.p.h. to 60 m.p,h. on those portions of State Highway #9 and Interstate Highway #37 now open and within the City limits, be approved as recommended by the City's Traffic Engineer- ing Department; f. That the date of April 22, 1964, at a special meeting at 4 p.m., be set for public hearing on the following 7 zoning cases Erwin Barrow; Dr. Lloyd L. Cole; G. J. McFarland; Knolle Jersey Milk Products Company; Michael C. Kendrick, Jr.; South Texas Realty Company; and Walter Wisznia g. That the recommendations of the Zoning & Planning Commission be con- curred in, and the following requests for Interim Zoning Permits be denied or approved as indicated, as follows: (1) #61-18, M.C. Floyd, 1309 So. Lexington, to erect an 8' x 16' outdoor advertising sign on Lot 3, Block 2, Flour Bluff Center, be denied on the basis that this proposed use is incompatible with adjacent properties and would be detri- mental to the area; (2) #61-19, Leroy B. Cummings, 121 Knickerbocker, to erect a 14' x 28' addition for a storage room to the existing cafe on Lots 6 & 7, Block 1, Gateway Park, be approved; (3) #62-88, Fred Payne by W. W. Dominy, 8845 Highway #44, to erect a 6' x 34' concrete block one story frame addition to the rear of the existing drug store on Lots 17 through 23, Block 2, Clarkwood Townsite, be approved; h. That the acquisition of two tracts of land in connection with the pro- posed Agnes and Laredo Midtown Traffic Exchange project, designated as Parcel #1 and Parcel #2, being Lots 1 & 2, Block 2, South Bluff Addition, and Lots 13 & 14, • • City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 5 Block 2, South Bluff Addition, respectively, for the sum of $21,680 and $26,460 respectively, be approved; and that the sum of $48,640.00 be appropriated to cover the cost of this acquisition; i. That the application of Southwest Production Company for a Permit to Drill an oil well in the southwest 40 acres of Farm Block 6, of the J. C. Russell Farm Blocks, within the City Drilling Block No. 1012, to be so designated, be approved. ORDINANCE N0. 7183 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE STATE HIGHWAY COMMISSION FOR AND ON BEHALF OF THE STATE OF TEXAS, FOR THE USE OF AN AREA OF A PORTION OF STATE HIGHWAY 286 BETWEEN AGNES AND LAREDO STREETS AS DESCRIBED IN SAID AGREEMENT, A COPY OF WHICH 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". ORDINANCE NO. 7184 APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $48,640.00 OF WHICH AMOUNT $21,680.00 IS FOR ACQUISITION OF PARCEL NO. 1, MORE FULLY DESCRIBED HEREINAFTER, $26,460.00 IS FOR ACQUISITION OF PARCEL N0. 2, SAME BEING MORE FULLY DESCRIBED HEREINAFTER, AND $500.00 IS FOR TITLE EXPENSE AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT NO. 220-53-18.2, MID -TOWN TRAFFIC EXCHANGE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CON- TRACTS, 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, Roberts, present and voting "Aye", and Wallace voting "Nay". The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, de Leon, Maldonado and Roberts, present and voting "Aye"; Commissioners Blackmon and Wallace, voting "Nay". Mrs. Levi Materne, Mrs. A. W. Green, Mr. H. C. Floyd and other Flour Bluff residents and property owners, asked questions as to the effect and extent of the City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 6 proposed acquisition of the Flour Bluff Water District; urged that, the acquisition be made without waiting for an election by the Water District; and that the money being held by the Water District be used to retire the outstanding bonds of the Water District. It was explained that since there are separate govermentai taxing agencies involved, these matters must be resolved according to law, and that with respect to the bonded indebtedness of the Water District, after consummation of the proposed contract, the City can legally assume the responsibility for retiring the bonds, but the bonds cannot be called except on specified maturity dates. SECOND 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 NU/63ER 2, IN ACCORDANCE WITH THE PRO- VISISIONS 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 CONSIDERATION 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 $330,000 IS OUT OF WATER SYSTEM BOND FUND NO. 202 AND $160,000 IS FROM THE FLOUR BLUFF WATER SYSTEM ACQUISITION CLEARING FUND, FOR PROJECT NO. 202-64-24, EXTENSIONS - FLOUR BLUFF SYSTEM. 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. 7185 AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING THE SPEED LIMITS ON A PORTION OF STATE HIGHWAY 9 AND INTERSTATE HIGHWAY 37 IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wal lase 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". ORDINANNCE NO. 7186 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 TEE NORTH 33 1/3 FEET OF LOT 2 AND • City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 7 ALL OF LOT 3, BLOCK A OF THE BLUFF PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "I-2" LIGHT INDUSTRIAL DIS- TRICT; CHANGING THE ZONING OF LOT 3, BRENTWOOD COMMUNITY CENTER, AS SHOWN IN THE MAP RECORDS OF NUECES COUNTY, TEXAS, VOLUME 23, PAGE 3, 'THEREOF, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; AND CHANGING THE ZONING OF LOT 1, ISLAND BUSINESS CENTER ANNEX, AS RECORDED IN VOLUME 27, PAGE 65 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, BEING THAT SAME PROPERTY ALSO KNOWN AS A 250' x 500° PORTION OF LOT 2, SECTION 55, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, ON THE SOUTH RIGHT OF WAY LINE OF ISLAND DRIVE, NORTHWEST OF CLINE STREET, ALL BEING IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-113" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS 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: 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. 7187 CLOSING THAT PORTION OF NUECES BAY BOULEVARD LYING BETWEEN THE TURNING BASIN SHORE- LINE AND A LINE ACROSS NUECES BAY BOULEVARD INTERSECTING THE EAST AND WEST BOUNDARY LINES OF NUECES BAY BOULEVARD AT A DISTANCE OF 627 FEET FROM THE POINTS OF INTER- SECTION OF THE EAST AND WEST BOUNDARY LINES OF NUECES BAY BOULEVARD AND THE NORTH BOUNDARY LINE OF THE MISSOURI PACIFIC RAILROAD RIGHT OF WAY, SUBJECT TO THE RETEN- TION OF A FIRE LANE EASEMENT; 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". W. N. Neyland stated that Bruce Collins, president of the Central Business District Association, and Dr. McIver Furman, president of the Chamber of Commerce, had asked him to commend the Council for the forward action taken in promoting the Midtown Traffic Exchange project, and to assure the Council of their support on any part of this program to make it a success. Mrs. J. B. Cotrell, 510 Brock Drive, presented and read a petition of approximately 29 signatures of residents and property owners in Meadowbrook Units 1 and 2 and surrounding area, objecting to the location of a ''Maverick Market" City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 8 proposed to front on Brock Drive out of a shopping center now under construction bounded by Alameda, Airline, and Brock Drive. (Petition #6) Mrs. Cotrell and Mr. Raul De La Rosa, owner of 502 Brock Drive, explained that the neighboring resi- dents were aware of the fact that a shopping center development was planned for this location and did not object to the development itself, but strongly objected to the proposed location of a "Maverick Market" with entrances from Brock Drive, since this is a completely residential street and since this particular operation is open 24 hours a day and sells beer. They pointed out the danger to the children living in the neighborhood, and the devaluation of their properties, and requested immediate relief by prohibiting any and all entrances and exits from and to Brock Drive, further pointing out that at this point in the proposed construction, all entrances and exits can be required to be from Alameda without detriment to the Maverick Market. Larry Wenger, Senior City Planner, displayed the preliminary plat of Meadow - brook Subdivision showing the commercial and residential area layouts; pointed out that the business zoning for the shopping center had been applied for and approved by a former City Council leaving a buffer strip between the shopping center and the street designed for the residential area; that an ordinance effecting this change of zoning had not been written due to the fact that the revised zoning map for the City was in the process of being prepared, but that when the revised zoning map was drawn and subsequently approved in 1961 as the Official Zoning Map of the City, it indicated the business zoning up to the proposed Brock Street; and pre- sented the final plat of the subject property subsequently approved by the Zoning and Planning Commission without any restrictions as to driveways or entrances. Various methods of protecting the safety, health, and welfare of the ad- jacent residential neighborhood in this instance in a manner that would be satis- factory and equitable, were suggested and discussed by the Council, and City Attorney Singer recommended that a public hearing be called for the next regular meeting of the Council to determine whether or not curb cutting will be allowed on Brock Street in regardto a shopping center development. Motion by Wallace, seconded by de Leon and passed that the date of April 8, 1964, during the regular meeting be set for public hearing to determine whether City of Corpus Christi, Texas Regular Council Meeting April 1, 1964 Page 9 or not curb cutting for ingress and egress to a shopping center development will be allowed on Brock Drive. Mayor Barnard directed that in the meantime, no curb cuts be approved by the Traffic Engineering Department on Brock Drive, and that Mr. Massey be contacted to see if some satisfactory revised plan can be negotiated with respect to his con- struction at this location. Lewis Even, presented some pictures of properties in the vicinity of Lots 6 & 7, Block 14, Villa Gardens, for which his application for a change of zoning to "A-2" Apartment House District, had been denied, to support his statements made at the public hearing on March 25th, that other properties in this area were being used for other than single-family residence. Mayor Barnard accepted the photographs, and requested the City Manager to have the Zoning & Planning Staff check into the matter of any land use violations in the area involved. Kenneth Gunderland, Gunderland Marine Supplies, Inc., asked if any pro- gress has been made with respect to the proposed acquisition of his property in connection with the proposed Arts & Science Park. City Manager Whitney stated that he has a report for the Council on the overall appraisal valuation, but that he needs some guidance from the Council with respect to the scheduling of negotiations. Mayor Barnard reminded the Council that it had been stated at the public hearing on the matter, as suggested by Commissioner Wallace, that if building permits were applied for on these properties, the policy would be to deny the permit but to move ahead with the acquisition; and suggested that the City Manager's report be heard as soon as possible in order to move as expeditiously as possible in this matter. Motion by de Leon, seconded by Blackmon and passed that the meeting be adjourned.