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HomeMy WebLinkAboutMinutes City Council - 10/21/1964PRESENT: Mayor James L. Barnard Mayor Pro Tem Jim Young Commissioners: 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 October 21, 1964 2:00 p.m. City Manager Herbert Wo 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 Commissioner J. R. de Leon in the absence of a guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Barnard recognized and welcomed as special guests of the Council, representatives of the Student Council of W. B. Ray High School, and their sponsor, Miss Oneta Cummings, and Commissioner W. J. Roberts presented Certificates of Attepdance designating them as Honorary Junior City Commissioners, to the follow- ing: Flip Howe, Helen Wood, Harriot hopkins, Rene Haas, Sandra Goodman, Kathy Harri- son. Motion by Young, seconded by Maldonado and passed that the minutes of the regular meeting of October 14, 1964, be approved as furnished to the Council. Mayor Barnard recognized and welcomed Lt. Cmdr. Joseph Weigand, U.S.N., retired; Mrs. Weigand, and Elmer Pope, Chairman of the People -to -People Program Steering Committee, who introduced Cmdr. Richard L. Shafer, who has recently been Military Liaison Officer in Yokosuka, Japan, and is presently on tour of duty at the Naval Air Station in this City. Cmdr. Shafer delivered a letter of greeting and good wishes from Mayor Nagano of Yokosuka, our Sister City, to Mayor Barnard, which was read aloud, and commented that our Sister City of Yokosuka is a port city a little larger than Corpus Christi, with manufacturing and shipping. Elmer Pope informed the Council that in the name of the City he has extended invitations to both former President Eisenhower and former President Truman to stop off in this City on their way to the meeting in Mexico City on November 23rd in connection with the People -to -People Program, and will notify them when he receives a reply. Mayor Barnard read proclamations proclaiming the following: NAVY DAY in Corpus Christi, October 27, 1964; and SOUTH TEXAS OIL DAYS in Corpus Christi, week of October 25-31, 1964. • • City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 2 Mayor Barnard announced the public hearing on an application for abandon- ment of property lying east of Blocks 59, 60, 61 a 62, Brooklyn Addition and the west right of way line of Timon Boulevard. City Manager Whitney presented a map showing the area in question with the proposed portions of street right of way to be abandoned; explained that the hear- ing was in response to the request of the property owner of Block 60 for improve- ment to his abutting property; that none of the City Departments have any objection to the abandonment of this excess right of way on Timon Boulevard, except that the Public Works Department has suggested that since the disposition of the railroad property east of Timon Boulevard will not be decided until after the decision of the Interstate Commerce Commission on the application of the Southern Pacific Rail- road to abandon that track, that the Council consider retaining this excess right of way to see if it might be utilized by the City. Mr. Whitney pointed out that the legal description for the proposed abandonment leaves a 60' right of way for Timon Boulevard, retains 10' radii at each corner, and retains a portion of right of way at the south end of Block 59 to maintain sight distance and to include an existing sanitary sewer. W. B. Windle, applicant and owner of Block 60, spoke in support of his re- quest on the basis that he has maintained this strip of idle land for 27 years as a lawn for his motel, that he has never seen any City plans for use of that strip, that he proposes to use this strip for some improvements to his motel, and that it will be an advantage to the City to have this dead land improved. Frisco Roberts, who stated hee has maintained an office for 30 years on North Beach, David Mendlowitz, property owner, and John Seers, property owner in Block 59, all spoke in favor of the abandonment. No one appeared to speak in opposition. Motion by Roberts, seconded by de Leon and passed that the hearing be closed. Motion by Blackmon, seconded by de Leon and passed that the matter be tabled for further study. Mayor Barnard announced the public hearing on the application for the clos- ing of Prescott Street between 18th and 19th Streets at Crosstown Expressway. • City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 3 City Manager Whitney presented a small scale map showing the proposed closing of one block of Prescott Street, a large scale map showing the relation- ship to the Crosstown Expressway, and 4 photos showing the existing improvements abutting on the property; and explained necessity for retaining a utility easement on the area abandoned for the existing 2" gas line and l2" water line and power line. Jack Graham, Director of Public Works, explained the need for the proposed closing in connection with the construction schedule of the State Highway Depart- ment for this portion of Prescott Street as the frontage road in connection with the Crosstown Expressway; pointed out the proposed new traffic pattern to eliminate a hazardous intersection at this point, help to encourage the northbound traffic onto the east frontage road, and eliminate much of the through traffic past the Elizabeth Street Elementary School, and to move the majority of the traffic out at Morgan where it should be; and that the proposed closing and future traffic pattern is concurred in by the Traffic Engineer, the City Planning Department, the Urban Transportation Studies, and by the State Highway Department. Several residents and property owners in the area viewed the maps and ob- jected to the proposed closing on the basis of decrease in value of their property since they would be on a dead end street, and pointed out their objections to the new traffic pattern, and presented a petition of approximately 22 signatures in opposition to the proposed closing. Mayor Barnard suggested that the City Manager contact the Elizabeth Street School authorities with respect to the school traffic situation involved in the proposed closing. Motion by de Leon, seconded by Maldonado and passed that the hearing be closed. Motion by de Leon, seconded by Maldonado and passed that the matter be taken under advisement. Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by de Leon and passed that Items "a" through "f" of the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows: • City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 4 a. That the award of contract far the construction, of the Saxet, Liberty, Victory, Granada Storm Sewers be made on the basis of low bid to Fowco Construc- tion Company in the amount of $51,180.25; and that the sum of $56,500.00 be appro- priated for this project; b. That the award of contract for the construction of the S. L. Allison Sewage Treatment Plant be made to the low bidder Burtex Constructors and Burnett Construction Company in the amount of $594,250.00, subject to final approval of the State Health Department and U. S. Public Health Service; and that the sum of $615,000.00 be appropriated for this project; c. That the award of bid on Fire Hose be made on the basis of low bid meeting specifications and passing tests to Norvell-Wilder Supply Company for 4,000' of1'�" Double Cotton Jacket, Rubber Lined Fire Hose, for $2,609.20; to Im- perial Hose Manufacturing Corp. for 12,000'cf 2?", for $10,243.20; and to Blaze Guard Manufacturing Company for 1,000' of 3", for $1,597.40; making a total of $14,449.80; (Bid Tabulation #36) d. That authority to advertise for bids to be received on November 4, 1964, on a 72 week contract for Uniform Rental Service for Public Utilities, be granted; e. That the acquisition of Parcel #2, right of way for 19th Street ex- tension to Morgan, from Local No. 1423 United Brotherhood of Carpenters & Joiners for the sum of $3,000.00, plus the quitclaiming to them by the City of that por- tion of Niagara abutting their property proposed to be closed, be approved; f. That the Legal Department be authorized to institute condemnation pro- ceedings for the acquisition of Parcel #3, being a portion of Lots 6 and 7, Block 5, Segrest Addition, from Icie Shoop, for right of way for 19th Street extension to Morgan. In consideration of Item "g" of the City Managua's Reports relative to an application of Bell & Dansfiell for Permit to Drill Well #1, Eleanor Kelly Lease, Tract #1 Subdivision of Margaret Kelly Lands, Kelly Ranch (Frio), Nueces County, at the recommendation of the City Manager and consent of the Council, Mayor Barnard • City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 5 announced the Council would at this time hold a public hearing on the application. City Manager Whitney located the well on the map as described in the ap- plication; stated that the application was in order as to submission of proper papers; that the Public Works Department certifies that the proposed location complies with City ordinances insofar as distances from improvements, streets and alleys, etc.; pointed out that the applicant requests the granting of variances in that they not be required to fence the area, and that they be allowed to use earthen pits as pro- vided for in the ordinance, and recommended the permit be granted with these two variances. City Attorney Singer advised that it was his opinion that the ordinance forbids the dual completion requested in the application. John Brooke, attorney representing the applicant, stated that Bell & Dansfiell was prepared to accept the permit with the deletion of dual completion, but that it was his understanding of the variance amendment, that it is the dis- cretion of the Council to grant any variance; and pointed out the increased revenue to the investors, and to the City in the form of taxes, of such dual completion, and that there could be no physical damage or harm to the public since the pro- posed location is in an uninhabited area. Mayor Barnard explained that the Oil & Gas Wells Commission is presently studying the entire ordinance, and suggested Mr. Brooke transmit his thoughts in the matter to the Chairman. No one appeared in opposition to the application. Motion by Wallace, seconded by Roberta and passed that the hearing be closed. Motion by Wallace, seconded by Roberts and passed that the permit be -granted including the variances of no fence and use of earthen pits as recommend- ed by the City Manager. Item "h" of the City Manager's Reports relative to the permanent zoning for the annexed area was presented by use of four maps identified as Map #1, Carroll Area, Map #2, Clarkwood Area, Map #3, Calallen Area, and Map #4, Flour Bluff Area, colored to represent the proposed zoning as unanimously recommended by the Zoning & Planning Commission. Eaoh map vas considered separately with ex- planations by William Anderson, Director of Planning, as to the thinking of the City of Corpus Christi, Texas Regular Council Meeting October 21, 1961+ Page 6 Staff in a few instances where there was not unanimous agreement, and explanations by Tom Marshall, Chairman of the Zoning & Planning Commission, as to the reasons of the Commission for their final unanimous recommendation. Motion by Wallace, seconded by Maldonado and passed that the zoning as presented on Map #3, Calallen Area, as recommended by the Zoning & Planning Com- mission, be approved. On Map #2, Clarkwood Area, Dave Coover, attorney representing John Sikora, pointed out that the approximately 10 acres of land adjoining the proposed "I-2" zoning on Lot 7, Section 8, Bohemian Colony Lands that fronts on Chapman Ranch Road, would be unusable if not included in the "I-2" district due to the fact that the plat designed by the railroad locates the spur on the margin of the red color designating the district zoning. Motion by Roberts, seconded by de Leon and passed unanimously that the 10 acres just pointed out be included. in the proposed "I-2" Industrial District Motion by Roberts, seconded by de Leon and passed that the zoning as pre- sented on Map #2, Clarkwood Area, as recommended by the Zoning & Planning Commis- sion, be approved as just amended. Motion by de Leon, seconded by Maldonado and passed that the zoning as presented on Map #1, Carroll Area, as recommended by the Zoning & Planning Com- mission, be approved. Motion by Wallace, seconded by Roberts and passed that the zoning as pre- sented on Map #4, Flour Bluff Area, as recommended by the Zoning & Planning Com- mission, be approved. Commissioner de Leon requested that Item "a" under Ordinances relative to the second reading of an ordinance closing the alley in Block 387, Brooklyn Addition, be considered separately. ORDINANCE NO. 7391 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH FOWCO CONSTRUCTION COMPANY FOR CONSTRUCTION OF STORM SEWER AND APPURTENANCES IN NORTH AND SOUTH SAXET DRIVES, LIBERTY, VICTORY, AND GRANADA AND WESTGATE DRIVES, DESIGNATED AS PROJECT NO. 295-64-41; APPROPRIATING OUT OF N0. 295 STORM SEWER BOND FUND '11:m SUM OF $56,500.00, OF WHICH AMOUNT $51,180.25 IS FOR THE CONSTRUCTION CONTRACT AND $5,319.75 IS FOR CONTINGENCIES, IN- CLUDING ENGINEERING, LABORATORY TESTING AND LEGAL ADVERTISING COSTS; AND DECLARING AN EMERGENCY. • City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 7 The Charter rule was suspended and the foregoing ordinance was passed by the following vote Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." ORDINANCE NO. 7392 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BURTEC CONSTRUCTORS INCORPORATED AND BURNETT CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE S. L. ALLISON SEWAGE TREATMENT PLANT, PROJECT N0. 250-64-36.3, SAID CONTRACT AWARD TO BE SUBJECT TO FINAL APPROVAL OF 1'HE STATE DEPARTMENT OF HEALTH AND U. S. PUBLIC HEALTH SERVICE; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUNDS THE SUM OF $615,000.00 OF WHICH AMOUNT $594,250.00 IS FOR THE CONSTRUCTION CONTRACT AND $20,750.00 IS FOR CONTINGENCIES, INCLUDING ENGINEERING INSPECTION, LABORATORY CONTROL AND LEGAL ADVERTISING; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed. by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." ORDINANCE NO. 7393 AN ORDINANCE APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND 'Et h SUM OF $3,180.00 FOR THE ACQUISITION OF PARCEL NO. 2 APPLICABLE TO PROJECT N0. 220-56,27, 19TH STREET CONNECTION TO MORGAN, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS FROM LOCAL NO. 1423 UNITED BROTHERHOOD OF CAR- PENTERS AND JOINERS AT THE PURCHASE PRICE THEREIN STATED; AND DECLARING AN EMER- GENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." ORDINANCE NO. 739+ AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN LOT OR PARCEL OF LAND; DESCRIBING THE SAME; DESIGNATING '!fib TITLE HOLDER; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY ON THE 18TH AND 19TH STREET CONNECTION TO MORGAN, WITHIN THE CITY OF CORPUS CHRISTI, DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE IN- TENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." Motion by de Leon, seconded by Young and passed that the proposed ordin- ance amending the Zoning Ordinance by amending the zoning map by adding to the permanent zoning map those areas for purposes of identification referred to as Map #1, Carroll Area, Map #2, Clarkwood Area, Map #3, Celallen Area, and Map #4, Flour Bluff Area, be amended to include in the "I-2" Industrial District on Map #2, • City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 8 Clarkwood Area, the 10 -acre portion unanimously approved by motion and so colored to reflect such motion previously in this meeting. ORDINANCE NO. 7395 AMENDING THE ZONING ORDINANCE OF Thh 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 N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY ADDING TO THE SAID PERMANENT ZONING MAP THOSE AREAS ANNEERD BY ORDINANCE NO. 6242 ON AUGUST 5, 1961, AND ORDINANCE NO. 6636 ON SEPTEMBER 19, 1962, AND OTHER AREAS PUBLICLY AND GOVERNMENTALLY OWNED, INCLUDING THE U. S. NAVAL AIR STATION AREA; AND PERMANENTLY ZONING SAID AREAS SO ANNEXED, ALL AS SHOWN ON A MAP IN FOUR (4) PARTS HERETO ATTACHED AND MADE A PART HEREOF, AND FOR PURPOSES OF IDENTIFICATION, REFERRED TO AS MAP N0. 1, CARROL AREA; MAP N0. 2, CLARKWOOD AREA: MAP NO. 3, CALALLEN AREA: AND MAP NO. 4, FLOUR BLUFF AREA; KEEPING IN EFFECT ALL G]EER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; RE- PEALING ALL ORDINANCES is CONFLICT HEREW=1; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance vas passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." RESOLUTION NO. 7396 DECLARING SATURDAY, OCTOBER 24, 1964, AS "BARRY GOLDWATER DAY IN CORPUS CHRISTI", EXTENDING TO THE UNITED STATES SENATOR FROM THE STATE OF ARIZONA OUR MOST SINCERE AND WARMEST "OFFICIAL WELCOME' ON HIS VISIT TO OUR CITY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Barnard., Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." Motion by Wallace, seconded by Roberta and passed that the proposed or- dinance closing the alley in Block 387, Brooklyn Addition, be amended before the second reading by changing in Section 1 the provision that construction of perman- ent improvements in the nature of "motel" facilities be made within one year, to read "amusement facilities." Motion by Roberts, seconded by Wallace and passed that the foregoing ordinance be further amended before the second reading by removing the last para- graph reading as follows: "It is further a condition of this order of the City Council closing said alley that the beach area abutting said lots in said Block 387, Brooklyn Addition, on the East be and remain open to the public at all times." Commissioner de Leon urged that the second reading and final reading of the foregoing ordinance be deferred until after the public hearing on November 5, 1964, before the U. S. Army Corps of Engineers on the future development of Corpus City of Corpus Christi, 'Texas Regular Council Meeting October 21, 1964 Page 9 Christi Beach on the basis that the effect of the passage of this ordnance might be very detrimental to tte City's interest at the hearing. Motion by de Leon, seconded by Maldonado and passed, with Roberts, Young, and Barnard voting "Nay," that the second reading of the ordinance in question be tabled. Mayor Barnard declared the motion to table had carried 4 to 3. William Shireman, attorney representing Oscar Koemel, who owns property and resides immediately in back of Perry Place on Holly Road just before the Oso, requested the grading of this shell road since it is now in the City limits, and the enforcement of the "No Dumping" ordinance. The matters were referred to the City Manager for investigation and administrative action. City Manager Whitney explained that at the request of the Council he had asked the Director of Planning for an nr i yais and recommendations on the matter of signs in our City with partici+lar regard to the bayfront signs on which Mr. Anderson was prepared to make his report at this time; that the report was volum- inous and is not going to make everyone happy, and may not make anyone happy; but that the controversy on the signs has gotten to the point where it 1e damaging our City and therefore needs to be resolved without delay. He suggested that if the Council does not feel the recommendations are the proper answer, that the Council advise the Staff what is the better way, and get the matter resolved; and called on Mr. Anderson to give his report. Mr. Anderson prefaced bis report by stating that a conscientious and earnest effort vas made to examine and represent all sides of the question and What would be for the best interest of the City; that the report suggests policy and suggested regulations; and that if the Council concurs in the suggested approach, the matter should be .referrer to the Zoning & Planning Commission for their study, hearing and recommendation, after which the Council is required to hold a public hearing before adopting it as an amendment to the Zoning Ordinance. Mayor Barnard and Tom Marshall, Chairman of the Zoning & Planning Com- mission, agreed that it would be best to hold a joint public hearing as soon as possible on this matter in view of its urgency. • City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 10 Mn. Anderson read a 20 -page report on Signs and Sign Regulations, copies of which were distributed, containing an analysis of the sign regulations with re- spect to the bayfront, the establishing of our bayfront and its character, a com- parison with special areas in other cities, a proposed policy for maintaining and developing our bayfront with a park -like character, a program of action to imple- ment such policy, suggested regulations for planting strips and signs on the bay- front, and a 17 -point summary and recommendations. Mayor Barnard thanked Mr. Anderson for a very fine report, and stated that he felt the only way to resolve the honest and sincere differences of opinion in this matter was by compromise, and that the Council would have to study the recommendations carefully, Tom Marshall suggested that an ordinance be drafted by next week for advertising for consideration at a joint public hearing to be held as soon as pos- sible, and suggested that an evening meeting might be best, Peter Flournay, owner of Americana Motel and President of the Hotel -Motel Association, felt that the recanmendations contained in Mr. Anderson's report limited businesses on the bayfront in size of signs but did not limit their direct competitors in other areas, such as on Corpus Christi Beach, and that the result would be a jungle of small signs; and further, that people who have many, many dollars invested in Corpus Christi should have a voice in the planning of this matter. Mr. Anderson answered that this is the purpose of the public hearing, Commissioner Wallace stated he thought the report was excellent; that those who planned the bayfront originAlly were men of great foresight and their decisions were wise; and that the entire populace has an interest in the bayfront as it is our prime area. He pointed out prime areas in other cities with very stringent control that have not been damaged but are considered highly valuable property; and felt that similar control of our prime area will result ultimately in higher quality buildings being built that will not require garishness in adver- tising to attract business. He expressed his hope that the Council will continue to stress the long-range over-all benefit to the City and not the immediate ex- pediency to any particular business or group of businesses in this matter. City of Corpus Christi, Texas Regular Council Meeting October 21, 1964 Page 11 Commissioner de Leon felt there is an area of agreement in that everyone agrees we have a beautiful bayfront that must be protected and yet developed to its highest and best use and that it is the concern of everyone not just hotel, motel, and business, to look into the matter and point out what is necessary. Commissioner Blackmon felt the report shoved we are recognizing we have an existing ordinance which is impractical and unreasonable, and that the reason we have had some very fine development is because there have been variances granted; that we cannot expect business development unless we have some reasonable approach to the question; that the controversy has hurt our City and is hurting our City now; and that he is glad to see the Council is ready to move forward to resolve the matter. Commissioner de Leon called attention to two lettere received by the City last week from cities in Chile offering to be Sister Cities with Corpus Christi, and reported receipt of a letter written in Spanish from Pablo Aravena Troncoso, Director of Home School #25, Curico, Chile, requesting permission to name the school "Corpus Christi" after our City; and recommended that the letter be acknowledged and appropriate action taken. Mrs. Scott commended the Council for the study made on behalf of re- solving the sign controversy, and .expressed the hope that it can be equitable. There being no further business to cane before the Council, the meeting vas adjourned.