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HomeMy WebLinkAboutMinutes City Council - 09/09/1964• . �.,...� . • PRESENT Mayor Pro Tem, nim YOUng Commissionerso Jack Ila Blackmon M. P. Maldonado W. J. Roberts W. Ha Wallace, Jr, CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 9, 1964 200 p.m, City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Jim Young called the meeting to order in the absence of Mayor James L, Barnardo The invocation was given by the Reverend Charles W. Alley, Pastor of Central Assembly of God Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion 1y Roberts, seconded by Maldonado and passed that the absence of Mayor James Lo Barnard, and Commissioner J. R. de Leon be excused for cause. Motion `a° Blackmon, seconded by Roberts and passed that the minutes of the regular meeting of September 2, 1964, be approved as furnished to the Council. Ms.yor Fro Tem Young ar,roanced the opening of bids. Bids were opened and read on construction of Cullen Ditch Dam and Pump Station from the following : Slovak Brothers; South Texas Construction Company; FOWCO Construction Co.; and Heldenfels Brothers. Bids were opened and read on a Used Ditching Machine from the following: Mooney Equipment Co,; Shields-Jetco, Inc.; Jess McNeel Machinery Corp,; G. B. Falbo Co.; and Kelly Truck & Equipment; Sales. The foregoing bids were tabled for 48 hours as required by City Charter, and referred to the. City Manager for tabulation and recommendation, Mayor Pro `Fen Young read and presented the following proclamations: WOMEN VOTERS WEEK in Corrins Christi, September 13 - 19, 1964; accepted by Mrs. Eugene Coffey; OPERATION R E A D WADING EDUCATION FOR ADULTS) in Corpus Christi, September 13 - 29, 1964 accepted by Jim Fleming, Ann Dodson, Mrs. J. S. Griffith, Miss Ruth Mary Price„ and Mrs. Terry of the Coastal Rend Literacy Council, Mr. Fleming presented special invitations to the Mayor and Council to attend the program September 17, 1964£ at Mends Hail at eight p.m., on "Without the Written Word." Mayor Pro Tem. Young announced the pending item of the application of Calallen Baptist Church for the closing of Avenue B between Blocks 14 and 19, from City of Corpus Christi, Texas Regular Council Meeting September 9, 1964 Page 2 3rd Street through Lot 10 in Monk 14 and. Lot 4 in Block 19; the alley in ;,lock 14; the alley in Block 13; and she alley in Block 19; all in Calallen Townsite, on which public hearing was held August 26, 1964, and subsequently recessed until this meeting to allow the applicant time to notify certain property owners inadvert- ently omitted from those advised of the hearing on this matter. City Manager Witty reviewed (.LL. ,oLt a.- is granted, the City will need to retain tho tre.0 easement since there is the matter pointing out that if the re - a gas line and power line within the street area, Reverend Gerald R. Ien'1erson, Pastor of Calallen Baptist Church, stated again that they plan, to we the areas closed for parking, and to erect a fence between the property o;,, whish he lures and the adjoining residential property; and that he understood that should the Church elect in. the future to build on the por- tion of the street to be closed, that the Church would be required to pay the cost of relocation of the utilities involved. No one appeared in opposition to the request. Motion by Roberts, seccnded by Maldonado and passed that the hearing be closed. Motion by Roberts, osoonded by Blackmon and passed that the City Manager be instructed to bring forth an ordinance granting the closing of Avenue B between Blocks 14 and 19, from 3rd Street through Lot 10 in Block 14 and Lot 4 in Block 19; the alley in Block 14; the alley in Block 13; and the alley in Block 19; all in Calallen Townsite, subject to the retention of the easement in the portion of Avenue B tr be closed. Mayor Pro Tem Young announced the public hearing on the application for the closing of Last Street between Muaeett Avenue and Caldwell Street. City Manager Whitney presented a sketch of the area; explained there is a question of ownership and whether or not the one block commonly known as Alameda Street between It; sett and Cal wall is a publicly dedicated thoroughfare; that the City has been negotiating for several years with the Missouri Pacific Railroad Company in an attempt to straighten out the matter; that the purpose of the appli- cation is to effect a trade with the Railroad Company of the half of Last Street adjoining the east property line of the Railroad Company for an equivalent area • • City of Corpus. Christi, Texas Regular Council Meeting September 9, 1964 Page 3 in the proposed Alameda right of way with. the other half of Last Street being quitclaimed to the adjoining property owner, and the City purchasing the balance of right of way needed for Alameda from the Railroad Company; that there are nc water lines, gas lines or private utilities involved but since there is a 6" sani- tary sewer line and a storm sewer cf some sort in the street, it will be necessary to retain the easement or to relocate the utilities; and that the Traffic Engineer has pointed out that the closing should not be done without establishing that Alameda Street from Muasett to Caldwell is open as a public thoroughfare. Buddy Cobb and Jack Smothers asked questions about the closing and pro- posed quitclaiming, and Mr. Smothers, adjoining property owner on the east side of Last Street in this area of request, stated that the proposed closing does not make any difference to him, Ira Cobble, partner in the wholesale grocery firm of Corpus Christi Cash & Carry on the west side of this portion of Last Street, reviewed the history of his firm's negotiations and dealings with the Schumacher Company and the Missouri Pacific Railroad, both local and in St. Louis, in the location and operation of their warehouse and wholesale grocery business at this location; pointed out. that this portion of Last Street serves as the only access and parking for their cus- tomers, and that the proposed sale to the City of right of way for Alameda Street constitutes approximately 20 feet of ground under their existing warehouse and would take about three-quarters of the west wall of their building; he explained that their lease does not expire until June. 30, 1965, and that although it does not contain a renewal option, it is a standard type of lease for this type of operation with a railroad which is normally and usually renewed continuously, Mr. Gobble pointed out that the 25 feet of Last Street resulting frost: the proposed closing would not be adequate for the purpose of the access of trucks to this side of the warehouse, that there Is a firewall down the length of the building which' will not permit the same ac.ess on the other side of 'tha warehouse. Re felt his firm should be allowed to buy the land in question from the Railroad on which the warehouse is located, and then 10 negotiate with the City as to the proposed open- ing of Alameda, and that the present proposal would be damaging the use of their improvements without compensation to them. • • City of Corpus Christi, Texas Regular Council Meeting September 9, 1964 Page 4 Mr. James Simpson, attorney representing the Railroad Company, stated he was a little surprised at this turn of events, and pointed out that the lease provides for the removal of the building at the expiration c£ the lease; that he did not agree with all of the statements made by Mr. Gobble but did not believe this hearing was the place to argue them. The possible use of the Alameda side of the warehouse for access was dis- cussed; and Commissioner Blackmon commented that it appeared to the Staff that the City might not have any further need for this portion of Last Street and that it could be traded in a proposal for establishing Alameda Street which would save the taxpayers money, but that this could not be done att the expense of Mr. Cobble's business, and that perhaps the City might better delay further consideration on this matter until the expiration of Mr. Gobbles lease or the settling of his differences with the Railroad Company. Motion by Blackmon, seconded by Maldonado and passed that the hearing be closed. Motion by Blackmon, seconded by Maldonado and passed that the matter be taken under advisement, Mayor Pro Tem Young announced the public hearing on the application of Sunray DX Oil Company for permit to drill an oil well in the Priour m Lease, Block 406, John Dunn Survey, A-970, Saxet Field. City Manager Whitney presented a map of the lease area showing the pro- posed location of the well 330° from the west line and 700' from the south line of the lease, and stated that the inspection by the Engineering Department indicates there is no street or improvement within the distance required by the ordinance, and that the applicant has supplied evidence of insurance and the Railroad Commis- sion permit and the necessary permit fee. No one appeared in opposition to the request. Motion by Blackmon, seconded by Maldonado and passed that the hearing be closed. Motion by Roberts, seconded by Maldonado and passed that the Sunray DX Oil Company be granted a permit to drill an oil well in the T. Priour "B" Lease in Block 406, John Dunn Survey, A-970, Saxet Field, Nueces County. City of Corpus Christi, Texas Regular Council Meeting September 9, 1964 Page 5 Mayor Pro Tem Young called for the City Manager's Reports. Motion by Roberts; seconded by Maldonado and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as follows: a. That the acquisition of Parcel No. 3 from Buford Nicholson in the amount of $1,301.00 for right of way required for Thompson Road - Williams Ditch, be approved; and that the necessary funds be appropriated for the acquisition; b. That reimbursement to the developer of Carroll Heights Subdivision in the amount of $1,667.00 for the coat of sewer line extension from Weber Road to the nearest boundary line of his subdivision, be approved; C. That authority to advertise for bids to be received on September 30, 1964, on 17,000' of Fire Hosed and on September 23, 1964, on 16,500' of Copper Tubing; and on September 23, 1964, on Elevator Maintenance. Service in the City Hall, La Retama Library, and International Airport, be granted; d. That the award of bid be made to International Harvester Company for one cab and chassis to be delivered to the Waco, Texas, point of installation, in the amount of $6,814.87, including freight charge to Waco; and to Slurry Seal, Inc. for one Modified SB -100 Young Slurry Machine complete and installed on City's cab and chassis, F.O.B. point of installation, Waco, Texas, in the amount of $11,472.40; (Bid Tabulation #30); e. That the plans and specifications for South Staples Street Storm Sewer Improvements, Part I, Gollihar to Lexington, be approved; and authority to advertise for bids to be received en September 30, 1964, be granted; f. That the request of H. E.Bergfeld, Troop Chairman of Boy Scout Troop #231, sponsored by Aldersgate Methodist Church, for permission to solicit house- holders to paint house numbers on the steps and/or sidewalks for donations, be granted subject to permission from the property owners being obtained prior to the painting being done; g. That the date of September 30, 1964, during the regular meeting, be set for public hearing on the application of H. E. Butt Grocery Company for a change of zoning. City of Corpus Christi, Texas Regular Council Meeting September 9, 1964 Page 6 ing. It was noted that Commissioner W, H, Wallace, Jr, arrived at the meet - ORDINANCE NO. 7348 • THIRD READING. OF AN ORDINANCE AMENDING ORDINANCE NO. 2578, PASSED AND APPROVED ON THE 16TH DAY OF AUGUST, 1949, AND GENERALLY REFERRED TO AS '1HE PLUMBING CODE", INCLUDING THE AMERDMENTS.THERETO, BY AMENDING THAT PORTION OF SECTION 604, SUB- SECTION (a) OF CHAPTER 6 OF SAID ORDINANCE TO PROVIDE A CHANGE IN THE FEE SCHEDULE SO AS TO PROVIDE A MORE EQUITABLE PERMIT FEE FOR THE INSTALLATION OF LAWN SPRINKLER AND IRRIGATION SYSTEMS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWI?R AND PROVIDING FA PFUBLICATION. The foregoing ord'_.nance was read for the third time and passed finally by the following vote Commissioners Young, Blackmon; Maldonadc,.Roberts and Wallace, present and voting "Aye"; Mayor Barnard and Commissioner de Leon, absent. Relative to the proposed granting to Nueces Tranaportation Company of a franchise for 5 years for the operation of buses within the City, John Stein, speaking for the Businessmen's Association and the Women's Club of Corpus Christi Beach, stated that the bus company has been very cooperative in meeting with the people from the Beach and has worked out a bus schedule to try to meet their needs,. and asked only that the Council continue to survey the situation since the bus schedule proposed can be changed by the bus company. Ken Cason, representing the bus company, explained the company was try- ing to arrive at a reasonable schedule to serve the most people at the most reason- able times; that they have added two trips to the previously proposed schedule to try to accommodate the people living on the Beach and particularly the maids work- ing at the motels on the Beach; that the proposed schedule will go into effect in the morning, and that the company will continue to observe the trips in order to try to meet the needs of this area; that there were no Sunday trips to the Beach but that it has been some time since there has been any Sunday service, with the exception of two trips to the Naval Air Station for which they have not had suffi- cient time to establish any rider habits, Mrs. Cunningham stated that she felt it should be noted by the Council, in order to guarantee adequate bus service for the Beach people, that before any change is made in the bus schedule, the peopleon the particular route should have the opportunity to come before the City Council and give their views on the matter, • City of Corpus Christi, Texas Regular Council Meeting September 9, 1964 Page 7 Jack Davis pointed ol.lt `fha2. the bus schedule just worked out with the bus company has not been filed with the Director of Utilities and therefore can be changed by the bus company; that the bus company agreed to this bus schedule knowing that they were going to lose money on its operation, which the Beach people appreciate; but asked if the franchise could not be amended to provide that any change in bus schedules lust be approved by the Council after public hearing on the matter, or by the Director of Public Utilities, or the Traffic Engineer before it can be cut off, Mr. Cason stated that he believed the bus company has shown its intention during its 31 years of operation in the City to provide the beet service for the majority of the people who are patronizing the bus service, but that the company was not going to write a letter committing themselves to any definite schedule. There followed considerable discussion as to the intent of various sec- tions of the franchise relative to the filing of schedules and public hearing by the City Council; Jack Davis felt it should be provided in the franchise that before a schedule was changed, people should have a chance to voice their opinion; Mr. Cason felt it was not the intention that the bus company would have to appear before a grievance committee if it wanted to change a bus route since there would always be somebody not satisfied with the change, and that Jr was not the intention to have to have a public hearing every time it was decided a different schedule would best serve the needs of an area; and Commissioner Blackmon .felt the franchise was not specific as to whether the Council was to decide by public hearing if the bus company was rendering adequate service or whether the schedules published are adequate, and was not specific as to whether or not the bus company has any obli- gation to adhere to the Council's findings. Motion by Blackmon, seconded by Maldonado and passed that the third reading of the Nueces Transportation Company franchise he tabled for one week., ORDINANCE NO. 7349 APPROPRIATING OUT OF NO, 295 STORM SEWER BOND FUND THE SUM OF $19381.00, OF WHICH AMOUNT $19301,00 IS FOR ACQUISITION OF RIGHT OF WAY FOR PARCEL NO. 3, SAID PARCEL BEING MORE FULLY DESCRIBED HEREINAFTER, AND $80900 IS FOR TITLE EXPENSE, RECORDING FEES AND RELATED COSTS THERETO, ALL APPLICABLE TO PROJECT NO. 295-61-17 THOMPSON ROAD - WILLIAMS DITCH; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL • • City of Corpus Christi, Texas Regular Council Meeting September 9, 1964 Page 8 ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR ACQUISITION Of SAID RIGHT 0? WE; AND DECLARING AN EMERGENCY. The Charter rule was sa.spel-;ded by the following vote: cmiiseioners Young, Blackmon, Maldonado, Roberts and Wallace, present and voting "Aye"; Mayor Barnard and Commissioner de Leon, absent. The forego?.ng ordinance was passed by the following vote: Commissioners Young, Blackmon, Maldonado, Roberto and Wallace, present and voting "Aye"; Mayor Barnard and Commissioner de Leon, absent. ORDINANCE N0. 7350 APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND THE SUM 07 $11,929.69 FOR PROJECT NO. 245-56-1, OF WHICH AMOUNT $11„000.00 IS FOR THE AMOUNT OF JUDGMENT DATED APRIL 8, 1963, IN FAVOR OR FRANK T. DROUGHT, AND THE AMOUNT OF $929.69 I5 FOR INTEREST ON THE AWARD OF $11,000.00 AFTER JUDGMENT, THE AWARD OF INTEREST BEFORE JUDGMENT BEING STILL ON APPEAL AT THS TIME; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Commissioners Young, Blackmon, Maldonado, Roberta and Wallace, present and voting "Aye"; Mayor Barnard and Commissioner de Leon, absent. The foregoing ordinance was passed by the following vote: Commissioners Young, Blackmon, Maldonado, Roberts and Wallace, present and voting "Aye"; Mayor Barnard and Commissioner, de Leon, absent. Mayor Pro Tem Young called for petitions or information from the audinece on matters not scheduled on the agenda. Mrs. Dorothea Collins asked if any action has been taken in the matter of her occupancy of the property on South Alameda which she brought to the Council's attention at last week's meeting and which Commissioner Blackmon had agreed to look into. Commissioner Blackmon explained that he had asked for certain reports in the matter through the City Manager, from the departments involved, and that he should have these by next Work Shop; and City Manager Whitney stated that he felt he would have the reports requested by that time. Tom Boyce, 5002 Up River Road, stated that the City had done some work in the area with oyster shell that blocked the drainage of water on one side of his property when he washes down his driveway, and that his neighbor has done some tarring that blocks the drainage on the other side, and asked what he should do • City of Corpus Christi, Texas Regular Council Meeting September 9, 1964 Page 9 about this water, City Manages Whitney stated he would look into the matter to try to solve the problem as soon as possible. There being no further business to come before the Council, the meeting was adjourned,