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HomeMy WebLinkAboutMinutes City Council - 06/10/1964PRESENT: 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 June 10, 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 Gregory A. Robertson, of Aldersgate Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Wallace, seconded by Young and passed that the minutes of the regular meeting of June 3, 1964, be approved as furnished to the Council. Mayor Barnard announced the opening of bids. Commissioner Maldonado arrived at the meeting. Bids were opened and read on a Group Insurance Plan for City employees from the following: Capitol Life Insurance Co. (J. Louis Anderson Agency); Con- tinental American Life Ins.; Continental Assurance Co.; Group Life & Health Ins. Co.; National Bankers Life Ins. Co.; Security Benefit Life Ins. Co.; American Hospitalization & Life Ins. Co.; Inter -Ocean Ins. Co.; Southwestern Life Ins. Co.; and Life & Casualty Ins. Co. of Tennessee. The foregoing bids were tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by Blackmon and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as follows: a. That the plans and specifications for the construction of 2 concrete retards required in connection with the Schanen Drainage Ditch project, Unit I, be approved; and that authority to advertise for bids to be received on July 1, 1964, be granted; b. That the award of contract for construction of the parking facility beneath the Crosstown Expressway at Agnes and Laredo Streets to Slovak Brothers in 111/1 III/1 City of Corpus Christi, Texas Regular Council Meeting June 10, 1964 Page 2 the amount of $9,708,10 be approved; and that appropriation be made in the sum of $11,500.00; c. That the acquisition of Parcel No, 27 for right of way for the Savage Lane -Whelan Drive project and appropriation in the sum of $1,915.00 for special Com- missioners award, Court costs, and Commissioners fees, be approved; do That the plans and specifications for construction of a 10" outfall sewer line from Highway 37 to the proposed new sewer plant to serve the Jackson Woods area, be approved; e. That the date of June 24,1964, during the regular meeting, be set for public hearing on the closing of portions of Lily, Rose, and Buffalo Streets; f. That the date of July 1, 1964, at a special meeting convening at 400 p.m., be set for public hearing on 5 zoning cases; g, That the date of June 17, 1964, during the regular meeting, be set for public hearing on the application of Sinclair Oil & Gas Company for a Permit to Drill in the southwest Corpus Christi area; h, That the Tax Error and Correction List for April, 1964, be approved; i. That the following Interim Zoning Permit be approved as recommended by the Zoning & Planning Commission, as follows; #62-99, Victor Novosad, to erect a 46' x 60' addition to existing building being used for auto supply business, on Lot 6, Block 10, Highway Village, at 10301 Leopard, be approved subject to all regulations of the "B-4" General Business District; j, That execution of an agreement for the acquisition of an easement for a sewer line across Highway 37 to serve the Jackson Woods area, as a permanent ease- ment for the outfall line, be approved. ORDINANCE NO, 7254 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF CF SHE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH SLOVAK BROTHERS FOR THE CONSTRUCTION OF A PARK- ING FACILITY BENEATH THE CROSSTOWN EXPRESSWAY AT AGNES AND LAREDO STREETS, PROJECT NO, 220-56-78; APPROPRIATING OUT OF NO, 220 STREET BOND FUNDS THE SUM OF $11,500,00, OF WHICH AMOUNT $9,708,10 IS FOR THE CONSTRUCTION COte'rRAcT AND $1,791,90 IS FOR CON- TINGENCIES, INCLUDING ENGINEERING, LABORATORY AND LEGAL ADVERTISING COSTS; AND DECLARING AN EMERGENCY, The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners Young, Blackmon, de Lear, Maldonado, Roberts and Wallace, present and voting "Aye". City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 3 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. 7255 APPROPRIATING OUT OF 295 STORM SEWER BOND FUND THE SUM OF $1,915.00 FOR THE ACQUISI- TION OF PARCEL NO. 27, SAID TRACT MORE FULLY DESCRIBED HEREINAFTER, AND APPLICABLE TO PROJECT NO. 295-61-30, SAVAGE LANE-WHELAN DRIVE, HIGHWAY 44 TO UP RIVER ROAD, THE FUNDS HEREBY APPROPRIATED REPRESENTING THE AMOUNT OF THE SPECIAL COMMISSIONERS AWARD OF $1,800.00, THE SUM OF $25.00 REPRESENTING CCURT COSTS AND THE SUM OF $90.00 RE- PRESENTING COMMISSIONERS FEES; 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 N0. 7256 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT, LEASING FROM THE FOUNDATION FOR SCIENCES AND ARTS, INC., THE GROUNDS AT DAVID HIRSCH ELEMENTARY SCHOOL, BEING BLOCK 95, BEACH ADDITION, CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TERM OF ONE (1) YEAR BEGINNING JUNE 1, 1964, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor Barnard, Com- missioners 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. 7257 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $1,000.00 AS PAYMENT TO TEX-MEX RAILROAD, WHICH IS HEREBY AUTHORIZED, REPRESENTING FULL SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY FOR DAMAGE TO THEIR TRESTLE WHICH OCCURRED DURING CONSTRUCTION OF AIRPORT DITCH, APPLICABLE TO PROJECT NO. 295-53-6.1; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor Barnard, Com- missioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace,, present and voting "Aye". The foregoing ordinance was passed by the following voted Mayor Barnard, Com- missioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye". • • City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 4 ORDINANCE NO. 7258 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT THE SANITARY SEWER EASEMENT AND THE CONDITIONS SET OUT THEREIN, SAID EASEMENT BEING OUT OF THAT CERTAIN TRACT OF LAND CONVEYED BY NUECES RIVER CORPORATION TO PRESTON DOUGHTY, ROY DOUGHTY, IRA R. FISHER, JR., AND R. J. ROBERTS BY DEED DATED FEBRUARY 26, 1956,,RECORDED IN VOL. 884, PAGE 415, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN SAID EASEMENT, 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, Com- missioners 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". Mayor Barnard announced the Council is considering the formation of an ordinance creating a new committee in the City, consisting of 3 representatives from general business, 3 arthitects, and 3 persons representing the Art Council or some such group within the City to keep a watchful eye on areas within the City that need consideration, improvement or change, with particular. reference to the Bayfront, to develop a standard for signs throughout the City, and that requests for signs on the Bayfront would be referred to this Committee to make recommendation to the Coun- cil for approval or disapproval; and that this matter will be considered at the next Work Shop for possible enactment at next week's meeting. E. H. Kennedy, 817 Adel Drive, Robert .7. Higgins, 814 Adel Drive, represented a group in connection with the petition previously presented to the Council request- ing immediate action to eliminate certain hazards and unsanitary conditions created by the Cullen Park drainage ditch in the area between Cullen Junior High School and the park grounds. They explained that the recent cleaning of the ditch and the cutting down of some of the weeds by the City has not even temporarily relieved the situation due to recent rains; pointed out that the water sampling has indicated animal waste contamination; urged immediate temporary relief; and asked how soon the City will provide a permanent solution to the problem. In answer to the Chair's question, City Manager Whitney explained that cor- rection of the situation will require either re-routing of the ditch or lowering of the spillway level of the dam. • • City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page 5 Mayor rarnard explained that he had gone cut the day after the situation was called to the C.cuncil'a attention and had walked the entire length of the ditch and was well aware of the problems that the City tanager had been requested to submit an engineering solution to the problem, which takes time particularly since there are alternative methods involved; and requested the City Manager to investigate the feasibility of having the City .uer the area dry as a temporary relief measure until a permanent engineering solution effected, Mrs, William Liles, president of the League of Women Voters, asked when the Council was going to hold the public hearing en the matter of signs on the Bayfront properties, and if the hearing was not going to be held, why not, Mayor Barnard reminded the group that the suggestion had been to first con- sider amending the zoning ordinance to transfer from the Peard of Adjustment to the City Council the granting of varian'e.t in signs permitted en the Bayfront and then co consider a revision of the: roni.ng ordinance with respect to the standards on the Bayfront signs., each of which would require public. hearing.. He explained that the Council had decided by majority vo:e in Work Shop, that the proposed transfer from - the Board of. Adjustment to the ^?. onnc:.i-1 would not solve the problem, but merely shift the responsibility, and that it was his feeling that the Committee he had suggested might be a way the problem could be solved_ Mayor Barnard felt there was merit on both sides of the businessman who i.nvestes and develops the property and on the side of the citizen who is concerned greatly with preserving the beautiful Bayfront view. Joe Dawson, former City Councilman, felt the matter deserved some action ur..til such time as a standard can be re -.established or altered to fit the times and needs of this growing City in order' to prevent any further exceptions being granted, particularly since there is such a difference of opinion in these matters, and since there is no assurance that similar controversy will. not be repeated again and again all along Ocean Drive, M3vor Barnard pointed cut tb.t it was the opinion of the City Attorney that the Board of Adjustment did not have the right to grant the variance in the matter of the Armada Int, aien because there was not in fact any hardship involved, but that it was also the cp'.n cn of the -.amity Attorney that. the Council does not have the power to overrule their findings on that basis without bringing suit against them in Court • City of Corpus Christi, Texas Regular Council Meeting June 3, 1964 Page the same as any individual. may do and that the policy established by a former Council that it would not bring suit againet one of its own appointed Boards has been reaffirm- ed by this Council in that the CDUTC.ii will not question the Board of Adjustment's judgment so far as taking, them to Court over the Ramada Inn sign decision, Mayor Barnard also explainedthat a poll of the Council has established that none of the members would want to vote on whether or not they would have granted the variance in question without hearing all of the testimony that was presented by both the applicant, as to why he felt the sign was necessary, and the opponents, as to why it was not necessary and not in the public interest. In answer to a question from the audience, Mayor Barnard stated that he could not make any promisee as to time, but that he hoped to be able to have an opportunity to discuss the matter of the special committee he had spoken of earlier at the next Work Shop meeting for possible action at the next Council meeting. Fred Quaile, realtor, spoke in support of the decision of the Board of Ad- justment; pointed out that the size of the sign permitted under the existing regu- lations is twice the size, of that granted by the Board provided it is flat against the building, but that since the bilding is 75% glass, it is not feasible to put the sign against the building thereby obstructing one or two of the units; and that the only variance granted is that the sign will be free standing. He. pointed out further that the cwner is more than reasonable, in that he is completely willing to not use the identifying sign and have only an identifying name plate with 6" high Letters provided each of the other businesses and motels are required to do the same, and reminded the group that this isin a strip of private commercial property and is not actually on the Bayfront, and that he does not feel the sign will be objectionable after it is erected. Joe Garcia, a citizen of Mexico who expects soon to become a citizen of Corpus Christi as is his family, pointed out the attraction to tourists from his country of a beautiful sign as part of the building, and felt that Corpus Christi needs to attract tourists. since Houston has already attracted so much of the industry. Bud Walton, of Walton Necn Company, felt everyone desires to keep our City beautiful that sign restrictiona on the Bayfront areneeded, but that the size of the sign is not the important factor, simce the size and type of sign should depend • City of Corpus Christi;, Testas. Regular Council Meeting June 3, 1964 Page 7 on the relationship it bears to the design of the structure, and the type of clientele you are trying to attract, He pointed to the attractive, modernistic design of the Airport sign which had to be replaced because nobody could see it to know where to turn off the highway to get to the airport, and to the identifying name letters on the marquis of the Shoreline Terrace Motor Motel and indirect lighting with which the owners voluntarily replaced the gaudy neon signing across the side of the hotel. He offered to assist in any way he could in solving the situations City Manager Whitney reported Congressman John Young had telephoned during this meeting to advise the Council that the $15,000.00 requested by the Corps of Engineers for the initial appropriation for the Beach Erosion Control Study in this area was in the budget to be acted upon tonight or tomorrow morning by the House, and that favorable action was anticipated, Motion by de Leon;, seconded ty Blackmon and passed that the City Manager be authorized to inform our Senators of the Council's support of the action to study the beach erosion of Corpus Christi Beach if the House takes the anticipated favorable action. There being no further 'business to come before the Council, the meeting was adjourned,