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HomeMy WebLinkAboutMinutes City Council - 09/07/1966PRESENT: Mayor McIver Furman Commissioners: Patrick J. Dunne Ken McDaniel Dr. P. Jimenez Wm. H. Wallace, Jr. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 7, 1966 2:00 p.m. Ass't,City Manager Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The invocation was given by Commissioner Patrick J. Dunne in the absence of the invited guest chaplain. Motion by Jimenez, seconded by Dunne and passed that the minutes of the Regular Meeting of August 31, 1966, be Approved as furnished to the Council. Motion by Dunne, seconded by Wallace and passed that the absence of Mayor Pro Tem Blackmon and Commissioner Sizemore be excused for cause. Mayor Furman announced the opening of bids. The one bid received for the resurfacing and foundation repairs of the H. E. Butt Tennis Center was opened and read from Casey & Class, Inc., of Corpus Christi. The foregoing bid was tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. The one bid received for the purchase of parking meters as requested by the Traffic Engineering Department was opened and read from Duncan Parking Meter Corporation of Chicago, Illinois. The foregoing bid was tabled for 48 hours as required by the City Char- ter and referred to the City Manager for tabulation and recommendation, Mayor Furman brought up the pending item of Parking Restrictions on Ocean Drive on which public hearing was held August 31, 1966, and stated he would entertain a motion for its disposition. Motion by Wallace, seconded by Dunne and passed that the parking restrictions on the West Side of Ocean Drive between. Buford and Cole Street remain unchanged. Mayor Furman brought up the pending item of Parking Restrictions on Park Avenue on which a public hearing was held; August 31, 1966, and called for a motion from the Council. Motion by Wallace, seconded by Dunne and passed that the parking on the North side of Park Avenue from Carancahua to South Staples be restricted Minutes Regular Council Meeting September 7, 1966 Page 2 to "No Parking" from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m,, and that an ordinance be brought forward effectuating the change. Mayor Furman called for the City Manager's Reports. Motion by Jimenez, seconded by Wallace and passed that the City Manager's Reports, Items "a" through "h" be accepted, and that the recommendations and requests be approved and granted as follows: a. That the award of contract for construction of Gravity Sewer Line A, of the Hudson Acres-McNorton Area Sewer Extensions, subject to final approval from the State Department of Health and the Federal Water Pollution Control Admin- istration be made to F. M. Thornton; and that an appropriation in the amount of $51,000 of which amount $46,20025 is for the construction contract and $4,799,75 is for contingencies, including engineering, staking, detail inspection, lab- oratory testing and legal advertising costs, be authorized; b. That Killarmet Drive from Galway Drive to Schanen Boulevard be added to the schedule of one way streets during school hours, as requested by the Parent Teacher Association and Principal of Schanen Elementary School, and recommended by the Traffic Safety Advisory Board; c. That appropriation in the amount of $10,126.00 of which amount $109000.00 is for the purchase price and $126.00 for the title expense and re- lated costs, for the acquisition of the site for Laguna Madre Sewage Treatment Plant, be authorized; d. That the bid award on 215 Gate Valves ranging in size for 1/4" to 2" be made to Standard Plumbing Supply Company on the basis of low bid meet- ing specifications, in the amount of $1,570.94 (Bid Tabulation #66-36); e. That the bid award on approximately 215 Pop-up or Revolving Sprinklers, on the basis of low bid meeting specifications, be made to Venable Sprinkler Sales (Irving), in the amount of $4,622.76 (Bid Tabulation #66-37); f. That the bid award on 16 Items of Weld Fittings and Flanges totaling approximately 857 pieces„ consisting of caps, ells, reducers, and flanges in various sizes, be made to McAllen Pipe and Supply Company„ Inc., on the basis of low bid meeting specifications in the amount of $1,281,40 (Bid Tabulation #66-38); Minutes Regular Council Meeting September 7, 1966 Page 3 g. That the bid award on One 3 -wheel Motor Vehicle, Pick-up be made to Watson Distributing Company, Inc., on the basis of low bid meeting specif- ications, in the amount of $1,817.00, less trade-in on City Equipment #1421 in the amount of $249.75, for a net difference of $1,567.25 (Bid Tabulation #66-39); h. That the date of September 28, 1966, during the Regular Council meeting be set for public hearings on three zoning cases. Assistant City Manager Marvin Townsend presented the application of Jake L. Hamon to drill Well #1, Joe Sikora Lease, Nueces County, and pointed out the location as being approximately midway between Holly Road and Saratoga Boulevard, 467 feet off of State Highway 286, (Chapman Ranch Road); that appli- cant proposes to drill a maximum depth of 13,500 feet; that the nearest building is 526 feet from the proposed site and thatt it is not within the Airport Hazard Zone; that the required Certificate. of Insurance, Railroad Commission Permit, and $300 filing fee, are included with the application; that applicant is requesting variances from the required depth, fencing and fire walls, and cas- ing conductor pipe. Mr. Townsend further stated that the application appears consistent with this particular type of field and that he recommends approval subject to an on-site inspection. No one appeared in favor or in opposition to the foregoing request. Motion by Wallace, seconded by Dunne and passed that the application of Jake L. Hamon to drill Well #1, Joe Sikora Lease, Nueces County, be approved as applied for subject to a report following an on-site field inspection. ORDINANCE NO. 8160 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH F. M. T_HORNTON, SUBJECT TO FINAL APPROv4L FROM THE STATE DEPARTMENT OF HEALTH AND THE FEDERAL WATER POLL- UTION CONTROL ADMINISTRATION, FOR THE CONSTRUCTION OF GRAVITY SEWER LINE A, OF THE HUDSON ACRES -MC NORTON AREA SEWER EXTENSIONS, APPLICABLE TO CITY PROJECT NO. 250-64-49; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $51,000, OF WHICH AMOUNT $46,200.25 IS FOR THE CONSTRUCTION CONTRACT AND $4,799.75 IS FOR CONTINGENCIES, INCLUDING ENGINEERING, STAKING, DETAIL INSPECTION, LABORATORY TESTING AND LEGAL. ADVERTISING COSTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinart.e was passed by the following vote Furman, Dunne, Jimenez, McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore absent. Minutes Regular Council Meeting September 7, 1966 Page 4 ORDINANCE NO, 8161 APPROPRIATING OUT OF NO, 250 SANITARY SEWER FUND THE SUM OF 810,126.00, OF WHICH $10,000, IS FOR THE PURCHASE OF THE LAND AND $12600 FOR TITLE EXPENSE AND RE- LATED COSTS THERETO, ALL APPLICABLE TO PROJECT NO, 250-64-481, LAGUNA MADRE SEWAGE TREATMENT PLANT; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY, The Charter rule was suwended and the foregoing ordinance was passed by the following vote g Furman, Dunne, Jimenez, McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore, absent. ORDINANCE NO. 8162 AMENDING SECTION 21-97 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE LIST OF STREETS UNDER SUBSECTION (B) THEREOF THE NAME OF AGNES STREET, BETWEEN OLD ROBSTOWN ROAD AND PORT AVENUE, RELATING TO PARALLEL PARKING WITHIN THE CITY OF CORPUS CHRISTI; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote Furman, Dunne, Jimenez, McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore, absent, ORDINANCE NO, 8163 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH MAGNOLIA PIPE LINE COMPANY RE- QUIRING THE ADJUSTMENT AND ENCASING OF PORTIONS OF TWO EXISTING PIPELINES NEC- ESSARY FOR THE CONSTRUCTION OF THE NAVIGATION BOULEVARD PAVING PROJECT, DESIGNATED AS PROJECT, NO, 220-64-63, FOR THE TONAL SUM Or 81,685.01, A COPY OF WHICH CON- TRACT IS ATTACHED HERETO AND MADE A PART HEREOFAPPROPRIATING THE SUM OF 81,685.01 FROM 220 STREET BOND FUND; AND DECLARING AN EMERGENCY, The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Furman, Dunne, Jimenez, McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore, absent, ORDINANCE NO, 8164 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT WITH. SOUTHERN PIPELINE CORPORATION REQUIRING THE ADJUSTMENT AND ENCASING OF PORTIONS OF THREE EXISTING PIPELINES NECESSARY FOR THE CONSTRUCTION OF THE NAVIGATION BOULEVARD PAVING PROJECT FOR THE TOTAL SUM OF $8,603,20, A COPY OF WHICH CONTRACT: IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $8,603,20 FROM THE NO, 220 STREET BOND FUND PROJECT NO, 220-64-63 AND DECLARING AN EMERGENCY, The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Furman, Dunne, J!,menez,McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore, absent. Minutes Regular Council Meeting September 7, 1966 Page 5 ORDINANCE NO. 8165 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (A) OF SECTION 21-153, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISION FOR KILLARMET DRIVE FROM GALWAY DRIVE TO SCHANEN BOULEVARD; AND PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following votes Furman, Dunne, Jimenez, McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore, absent, ORDINANCE NO. 8166 AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY MAKING PROVISION OF ITEMS 21 AND 22 SO AS TO FORBID THE STOPPING, STANDING OR PARKING OF VEHICLES ON THE NORTH SIDE OF PARK AVENUE FROM CARANCAHUA STREET TO SOUTH STAPLES STREET BETWEEN THE HOURS OF 7:00 A. M. AND 9100 A. M. AND BETWEEN THE HOURS OF 4:00 P. M. AND 6:00 P. M.; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore, absent. ORDINANCE NO. 8167 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $2,263.97, WHICH REPRESENTS THE ADDITIONAL SUMS DUE ON JUDGMENTS RENDERED IN THE COUNTY COURT IN CASES OF CITY OF CORPUS CHRISTI VS. RUDOLF POLASEK, JR., AND CITY OF CORPUS CHRISTI VS. ANNASTAZIE S. NEMEC, SAID AMOUNT BEING ATTRIBUTED 8814.11 TO POLASEK JUDGMENT AND 81,449.86 TO NEMEC JUDGMENT, INCLUDING INTEREST ACCRUED ON EACH JUDGMENT AND BEING PURSUANT TO AN AFFIRMANCE OF SAID JUDGMENTS BY THE THIRTEENTH COURT OF CIVIL APPEALS IN OPINIONS FILED JUNE 16, 1966, ALL IN CONNECTION WITH PROJECT NO. 295-64-37, SCHANEN DRAINAGE DITCH RELOCATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Dunne, Jimenez, McDaniel, and Wallace, present and voting "Aye," Blackmon and Sizemore, absent. Mayor Furman declared a brief recess before the scheduled public hearings on three zoning cases. Mayor Furman reconvened the meeting and announced the Council would now hold the scheduled hearings and explained the procedure to be followed. Mayor Furman announced the public hearing on Application (k866-1, Mr. and Mrs. Harold R. Naylor, for change of zoning from 'R -1B" One -family Dwelling District to "AB" Professional Office District on a tract of ground, being all of Lots 1 & 2, Block A, Bluebonnet Court; Tract 1 & a portion of Tract 2, Hillcrest One Minutes Regular Council Meeting September 7, 1966 Page 6 Acre Lots; and, the remaining 1/2 acre Tract of Snodgrass Addition, fronting ap roximately 423.93 feet along the Southeast right-of-way line of Old Robstown Road and lying between the intersecting streets of Bluebonnet Drive and North Naylor Circle. Calvin Taylor, Senior City Planner, located the property on the map and pointed out the zoning and land use of the area; explained that at the Commission hearing held on August 2, 1966, the applicant had appeared in support of the application and stated that he intends to use the property for the con- struction of a hospital or other medical facilities; that one person had appeared in favor of the request and three against; that the Staff had sent out 41 letters, four returns received in favor and three in opposition; and stated that the rec- ommendation of the Zoning and Planning Commission was that the application be denied on the basis that approval would constitute spot zoning and would tend to break down the residential character of the neighborhood. Mr. Harold Naylor appeared in behalf of his application, and stated that he intends to use this property to build a medical center and that it is his intention to improve the character of the property; that there is no such facility in the area; that the present zoning is non -conforming; and that it was zoned for residential use without his knowledge. In answer to a question raised by Commissioner Dunne, Mr. Naylor stated that he does not have a firm commitment for construction of the medical facility. Mrs. Opal Sharrock, of 3553 Bluebonnet Drive, spoke in opposition to the foregoing request, and stated that this is a high-grade residential area, with the exception of the property in question; that increased traffic in the area would create a greater hazard in view of the subject property's proximity to Robert Driscoll Junior High School; and that the "AB" zoning would result in further encroachment of business zoning in the future. Mr. R. S. Garza, owner of the South 1/2 of Lot 3 and all of Lot 4, Saxet Heights, spoke in opposition to this request, stating that he felt this would constitute spot zoning which, in his opinion, was not in the public interest; that Old Robstown Road is already heavily traveled, and that such Minutes Regular Council Meeting September 7, 1966 Page 7 a use would increase traffic congestionand create an even greater hazard to the area. Mr. A. G. Guzman, 361 Old Robstown Road, spoke in opposition to the requested zoning change, and spoke strongly against the appearance of the prop- erty as it presently exists; that portions of the property is used for a junk yard for debris of all descriptions; that he bought his property 15 years ago for residential use to rear his family. Mr. Guzman invited the Council to make an inspection of the lots in question, and further stated that he was defin- itely against the granting of this request. Mr. Demetrio Toyer, Jr. owner of Lots 5 and 6, Block 1, Saxet Heights Addition, spoke in oppostion to the foregoing request on the basis that in his opinion an already congested traffic problem would be increased be- cause of the close proximity of Robert Driscoll High School; that the junk yard had been allowed to exist for too many years already, and that he is definitely opposed to the granting of this request. Motion by Jimenez, seconded by Dunne and passed that the hearing be closed. Motion by Wallace, seconded by Dunne and passed that Application #866-1, Mr. and Mrs. Harold R. Naylor, for change of zoning from "R -1B" One -fam- ily Dwelling District to "AB" Professional Office District on a tract of ground, being all of Lots 1 and 2, Block A, Bluebonnet Court; Tract 1 and a portion of Tract 2, Hillcrest One Acre Lots; and the remaining 1/2 acre Tract of Snodgrass ,Addition, fronting approximately 423.93 feet along the Southeast right-of-way Line of Old Robstown Road and lying between the intersecting streets of Blue- bonnet Drive and North Naylor Circle, be tabled for further consideration. Mayor Furman announced the public hearing on Application #866-2, Mrs. Janet Frank, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 9 and 10, Block 1, Sunflower Addi- tion #2. Mrs. Janet Frank, applicant, appeared and referred to a letter her attorney, Mr. J. B. Trimble, who was to have represented her today, had written to City Secretary Kring, in which he stated that he would be in Court in Dallas Minutes Regular Council Meeting September 7, 1966 Page 8 on this date and would be unable to be in attendance at the Council meeting, and requested that the Council defer hearing on this application to Wednesday, September 14, 19660 Motion by McDaniel, seconded by Dunne that the hearing be deferred until September 14, 1966, as requested by Mr,. Trimble. Mayor Furman stated that in view of the fact that there were persons in the audience who were present in connection with Mrs. Frank's application and that he would suggest that the hearing be conducted and held open for another meeting. Commissioner McDaniel stated he would withdraw the foregoing motion. to defer the hearing. Motion by McDaniel, seconded by Dunne and passed that in deference to those present in connection with Application #866-2, the hearing be held today and recessed until September 14, 1966, during the regular Council meeting. Calvin Taylor located the property on the map; pointed out the zoning and land use of the area; explained that at the Commission hearing held on August 2,, 1966, Mr. d, B. Triable had appeared representing Mrs. Frank, stating that the applicant had entered into a contract to sell to the March Company, who intends to erect a Circle "K" Drive-in Grocery on the request property. Mr. Taylor stated that two other persons had appeared in favor and none against; that the Staff had mailed 21 letters, two received in favor and one against, which was later withdrawn; and that it was the recommendation of the Zoning and Planning Commission that the application be denied on the basis that approval would invite strip zoning along Gollihar Road and would add to the traffic congestion near an elementary school and, finally, approval would tend to break down further the residential character of the surrounding area. Mrs. Ftank spoke in favor of her application;, stating that the only requests she has had for this property have been for business purposes; that she did not feel that it would in any way be a traffic hazard for the nearby school; that this area is in need of a grocery business; and further, the residents of the neighborhood are very much in favor of the Circle "K" Drive -In Grocery Store. Minutes Regular Council Meeting September 7, 1966 Page 9 Reverend Charles Faires, pastor of Bethany Christian Church located at 2821 Gollihar Street, spoke in opposition to the proposed zoning change, stating the change would not affect the church one way or the other, but that because of the traffic around Fannin. Elementary School he concurs with the recommendation of the Zoning and Planning Commission to deny the request. Motion by McDaniel, seconded by Wallace and passed that the hearing on Application #866-2, Mrs. Janet Frank, for change of zoning from "R-18" One - family Dwelling District to "8-1" Neighborhood Business District on Lots 9 and 10, Block 1, Sunflower Addition. #2, be recessed until the regular Council meeting of September 14. Mayor Furman announced the public hearing on Application #866-3, Mr, Buford Nicholson, for change of zoning from "R-18" Ore -family Dwelling District to "B-4" General Business District on 0,33 Acre tract of ground out of Lot 7, Section 2, Bohemian Colony Lands, located at the Northeast corner of the inter- section of Kostoryz Road and Sacky Drive, and fronting 90 feet on Kostoryz Road and 160,16 feet along Sacky Drive for the depth, Calvin Taylor, locatedthe property on the map and pointed out the zoning and land use of the area as being predominently "R-18" One -family Dwelling District; explained that at the Commission hearing held on August 2, 1966, no one had appeared in favor or in opposition to the request; that the letter of application was read to the Commission, and that the applicant proposes to erect a Circle "K" convenience market. He stated that the Staff had mailed out four letters, and that none were received in favor or against the request, and that it was the recommendation of the Zoning & Planning Commission that the request be denied on the basis that approval wouldinvite further strip zoning along Kostoryz Road and that there is already adequate general business zoning avail- able in the area suitable for this use. Mr, Buford Nicholson spoke in support of the application, stating that he has a sale for the property in question; that because of the City Lift Station located directly behind the property, it would not be suitable for residences, and since the zoning uses are somewhat mixed, with vacant lots, undeveloped and not platted, he thought "8-4" was a logical use. Mr. Nicholson further stated that if the Council decided to concur in the recommendation of the Zoning and Minutes Regular Council Meeting September 7, 1966 Page 10 Planning Commission and deny the r:et; w.est., he would ccept "B-1" zo nine in 1i.ea of "B-4", No ore appeared in opposition to the foregoing req:t.est, Motion by McDaniel., seconded by Dunne. and .. gassed. that the hearing be closed. Motion by Wallace, seconded by D717..:-ne and passed that Application #866-3, Mr. Buford ?rich. on. .for change of zont floc'. -11' One-fa^i.1 lw€11i^g District to "B-4' Cer,eral Business District; on 0.33 Acre 'tract of ground out of Lot 7, Section 29 Bohemian Colony Lends, located at. the Northeast corner of the intersection of Kostoryz Road and. Sackv Drive, and fronting 90 feet on Kost.oryz Road and 160016 feet along Sacky Drive for the depths be tabled for further' ano:�- sideration at the Workshop Meeting Monday right. There being no f.;:rthe- business to come 'before the Coue.cn.l, the meeting was adjourned-