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HomeMy WebLinkAboutMinutes City Council - 02/08/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS February 8, 1967 ''yin' .iv; , cl 2.00 p.m' l�t � D "1 PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez Ken McDaniel Ronnie Sizemore Wm. H. Wallace* City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Mclver Furman called the meeting to order. The Invocation was given by the Reverend John MacKinnon, pastor of First Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Furman read and presented proclamations relative to the following: LEAGUE OF WOMEN VOTERS FINANCE WEEK, February 8 through February 15, 1967, received by Dr. Mary McCoskey; LULAC WEEK, February 12 through February 18, 1967, received by Mr. Joe Garza. Mayor Furman nominated the following persons for appointment to the Library Board: Mrs. George Clark, Jr., Mrs. William Gill and Reverend John MacKinnon. Motion by Blackmon, seconded by Dunne and passed that the foregoing persons be appointed to the Library Board, replacing Mrs. Frank Allen, Reverend Vernon Elmore and Mrs. Cecil Redford. Mayor Furman welcomed the Student Council from Sundeen Junior High School, and its sponsor, Mr. E. E. Hedgepeth, Jr.; and read and presented Certificates of Attendance to David Wylie, Linda Arnold, Terry Baggett, Susan Stoops, Leslie Nini andRosie Alvarez. Mayor Furman announced the pending item of Application 0167-1, Whataburger Drive -Inns, Inc., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District and "B-4" General Business District on Lot "B", Wilkey Addition, Unit 2, on which a public hearing was held February 2, 1967. Motion by Blackmon, seconded by Jimenez and passed that the foregoing application be denied but in lieu thereof "B-4" General Business District zoning be granted on the North 130 feet of Lot "B; Wilkey Addition, Unit 2, and that the remaining portion of Lot Minutes Regular Council Meeting February 8, 1967 Page 2 B be zoned "AB" Professional Office District, and that an ordinance be brought forward effectuating the change. Mayor Furman announced the pending item of Application #167-4, The American House Moving Company, for change of zoning from "R -1B" One -family Dwelling District to "1-3" Heavy Industrial District on Lot 2A, Fallins Riverside Subdivision, on which a public hearing was held February 2, 1967. City Manager Whitney stated that he had received additional information pertinent to the foregoing application which was not available for discussion by the Council at last Monday Night's Workshop meeting, and stated that on October of 1962, following annexation, the American House Moving Company was granted an Interim Permit pending permanent zoning; that on February, 1963, they applied for "1-2" Industrial zoning which was heard by the Zoning and Planning Commission and deferred; that on October, 1964, following the permanent zoning study, the case was again reviewed by the Com- mission and they recommended that rather than change the zoning, they be granted a Special Permit to continue the use for a period of three years; that on November, 1965, an ordinance was passed granting a Special Permit for a period of three years, but because of an error in the Inspection Department, the applicant had been given notice that the permit had expired, but that actually, it does not expire until January, 1968. Commissioner Sizemore asked the question should the Filing Fee be refunded to the applicant since it was the fault of the City Staff that the applicant had applied for a change of zoning at this time. City Manager Whitney stated that if the Council does not take action at this time, it will still leave the applicant in a state of uncertainty. Motion by McDaniel, seconded by Blackmon and passed that the foregoing appli- cation be tabled for another week, and that in the meantime, the applicant be consulted as to whether or not he wishes to withdraw the application at this time. Mayor Furman called for the City Manager's Reports. Motion by Jimenez, seconded by Dunne and passed that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: Minutes Regular Council Meeting February 8, 1967 Page 3 a. That the acceptance and final payment of Estimate No. 4, in the amount of $75,052.39, representing the balance due the contractor, Heldenfels Brothers for comple- tion of construction of the Schanen Area Drainage Project, Unit II, be approved; and appropriation in the amount of $75,052.39, be authorized; b. That the date of February 27, 1967 at -2:00 p.m. during a Special Council Meeting be set for public hearings on 3 zoning cases; c. That the date of February 22, 1967, at 2:00 p.m., during the Regular Council Meeting, be set for public hearing on the application of Corpus Christi Independent School District to close a portion of Fort Worth Street; d. That the condition imposed upon the developer of the Southwest Industrial Park requiring construction of sidewalks, be waived, based upon the conclusion of the Director -of Planning, City Engineer and Traffic Engineer, i.e., "sidewalks are not, as a matter of practice, required in industrial subdivisions....furthermore, school school children in the nearby Washington Addition attend schools to the northeast and northwest of that addition and would, therefore, have no need for a sidewalk on the southside of Linda Vista Drive"; e. That the abandonment of the 10 -foot easement between Blocks "G" and "1-I", and the 5 -foot easement along the West and South lines of Block "H", Mt. Vernon Shop- ping Center, be authorized. ORDINANCE NO. 8357 DETERMINING THENECESSITY FOR AND ORDERING THAT A PORTION OF OMAHA DRIVE, FROM BALDWIN BOULEVARD TO STATE HIGHWAY #44 BE IMPROVED; RE- QUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". Minutes Regular Council Meeting February 8, 1967 Page 4 ORDINANCE NO. 8358 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENTS OF THAT PORTION OF OMAHA DRIVE, FROM BALDWIN BOULEVARD TO STATE HIGHWAY 444; DETERMINING AND FIXING THE. PORTIONOF` SAID COSTS TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEAR- ING TO BE HELD ON FEBRUARY 22, 1967 TO GIVE -NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". ORDINANCE NO. 8359 RECEIVING AND ACCEPTING CONSTRUCTION OF THE SCHANEN AREA DRAINAGE, UNIT II, PROJECT NO. : 295-64-37, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CONTRACT DATED StPTEMBER 14, 1966, AUTHORIZED BY ORDINANCE NO. 8168; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4 DATED JANUARY 31, 1967, IN THE AMOUNT OF $75,052.39, A COPY OF WHICH IS ATTACHED HERETO AND MADE A' FART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". ORDINANCE NO. 8360 DECLARING ABANDONED THE 10 -FOOT EASEMENT BETWEEN BLOCKS "G" AND "H", AND THE 5 -FOOT EASEMENT ALONG THE WEST AND SOUTH LINES OF BLOCK "H", MT. VERNON SHOPPING CENTER, IN THE CITY OF CORPUS CHRISTI,NUECES COUNTY TEXAS; AND DECLARING AN EMERGENCY,. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN OIL AND GAS LEASE ON 100.32 ACRES OF LAND OUT OF TRACTS 13 AND 14 OF THE WILLIAM J. ROBERTSON TRACT, NUECES COUNTY, TEXAS, AND AN ADJOINING TRACT DESCRIBED AS FARM LOT NO. 1 IN SECTION 15, IN THE BOHEMIAN COLONY LANDS, A SUBDIVISION IN NUECES COUNTY, TEXAS, AS SHOWN IN THE MAP RECORDS IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, SAID LEASE TO BE WITH JERRY B. LEE, FOR A 3 -YEAR PERIOD, Minutes Regular Council Meeting February 8, 1967 Page 5 BEGINNING APRIL 5, 1%7, AND ENDING APRIL 4, 1970, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace present and voting "Aye". City Manager Whitney presented a petition which had been filed with the City Secretary, signed by students from Northside Junior High School, requesting that the City establish a teenage youth center on Corpus Christi Beach. (Petition067-4) Mayor Furman stated the petition will be placed on file and taken under advisement. Mr. Ramon Martinez, appeared representing the Disabled American Veterans organization, and requested that the City provide the group with a building to use as a Chapter Headquarters. Mr. Martinez stated that this organization has a membership of 150, and stated that some years ago the City had leased to a Veterans of Foreign Wars Chapter a building on Port Avenue. (Petition #67-5) Mayor Pro Tem Blackmon advised Mr. Martinez that some investigation is being made at the present, and=tiaat it -4s hoped that something will be forthcoming. City Manager Whitney stated that he did not have any information as to how the City acquired the VFW Building on Port Avenue, but stated that he would investigate and report to the Council for workshop discussion. *Commissioner Wallace reported at the meeting. Mr. W. H. Stahl, appeared and inquired as to why his application for change of zoning from "R -1A" One -family Dwelling District to "B-1" Neighborhood Business District on Block "W", Lexington Place, on which a public hearing was held February 2, 1967, did not appear on today's agenda as a pending item. Mr. Stahl presented a written statement in which he stated that "City Hall has discriminated against him", and insisted that the City Secretary read the statement. Mayor Furman advised Mr. Stahl that the hearing had been officially closed and that he was out of order, and explained that the Council had deferred action on Mr. Minutes Regular Council Meeting February 8, 1967 Page 6 Stahl's application for the reason that additional information was needed for the Council's judicious disposition of the zoning in question, and further stated that it was in Mrs. Stahl's interest that action on the application be deferred, and asked that he bring a plan of pro- posed development. (n answer to a question from Councilman Dunne, as to what development plans Mr. Stahl has for use of the property, Mr. Stahl stated that "I might put a shack on it and go into the oil business". Mayor furman declared a recess before the scheduled public hearing on the proposed street assessments for improvement of Crockett Heights Annex B, 14th, Marguerite and Burnet Street. Mayor Furman reconvened the meeting and announced the Council would now hold the scheduled public hearing for 3:00 p.m., on the proposed assessments for improvements of Crockett Heights Annex B, McArthur Street from Horne Road to Burnet, on Roslyn from McArthur to approximately 125' east and on Burnet from McArthur to Reynosa; explained that all memebers of the Council were present and had been furnished with a Preliminary Assessment Roll; and that Mr. Tom McDowell, Assistant City Attorney, would conduct the public hearing. Mr. McDowell explained the purpose of the public hearing and stated that the Staff would offer testimony from the City Engineer and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing was to form a basis on which the Council, acting as a legislative body, would determine or establish the assessments on the abutting properties. Mr. James K. Lontos, City Engineer, testified that he is employed by the City as City Engineer; that the design and proposed improvements of the streets in question are under the supervision; that he is familiar with the plans and specifications which were prepared under his supervision; explained the nature, character, extent, and specifications of the proposed improvements; stated that the total cost of the project will be $56,908.37; $7,071.76 to be paid by Carmelite Sisters; assessments other than Carmelite Sisters to be Minutes Regular Council Meeting February 8, 1967 Page 7 $5,683.97, and the City's portion of cost will be $44,152.64; and explained the manner in which such pro rata share was computed. Mr. Lontos further explained that McArthur Street from Horne Road to Burnet Street will be excavated to a width and depth to permit the con- struction of compacted subgrade, 8" compacted caliche base and 1' Hot Mix Type "D" surface for a roadway width of 44' face to face of curb; Roslyn and Burnet Street shall have the same base as McArthur, but a roadway width of 27' face to face of curb; and that Marguerite and 14th Streets will have the same base as the foregoing streets, but will have a width of 40' face to face of curb; that all streets will hove concrete curb and gutter, 4' wide of 4" thick reinforced concrete sidewalks, except where 5' wide sidewalks are specified on the plans, and 6" thick reinforced concrete driveways as shown on the plans. Mr. Bill Roberts, testified as to his employment with the City of Corpus Christi as Right of Way Coordinator; background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed within the past week the preliminary assessment roll and each of the properties to be assessed; and that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments. Mayor Furman called the names of property owners from the Assessment Roll, giving each an opportunity to speak in favor or in opposition to his or her individual assessment: items #1, #4, and #6, Abel Ruiz: Mr. Abel Ruiz appeared and stated that he does not object to the proposed improvements but stated he is being assessed for more than he has to pay for the improvements. Mr. Ruiz asked for clarification of proposed location of driveways, and the cost of same. Mrs. Ruiz also appeared and asked for an explanation of the difference in the amounts assessed on their property and that of Jose M. Solis. Mr. Lontos explained that the Ruiz Property is commercial and that the property of Mr. Solis is residential. Item #2, Jose M. Solis: Mr. Solis appeared and stated that he did not object to the improvement of the street but stated that he did not know how he Was going to pay for it, Minutes Regular Council Meeting February 8, 1967 Page 8 and asked for information as to what terms the City would require for paying for the improve- ments, and engaged into a lengthy discussion (in Spanish) as to the placement, specifications and cost of driveways. Mr. Lontos advised Mr. Solis that the assessments could be paid for by paying the whole amount when the project is completed or pay over a 5 -year period at 5 per cent interest; that the driveway problems could be worked out with the Engineering Department, and that the Staff would be willing to go with him for an on -the -scene inspection of the property. Item #5, B. W. Bell: Mr. Caledonia Tolento appeared and stated that he is now the owner of the portion of Lot 5, Block 16, Chamberlain Addition, and stated that he does not abject to the proposed improvements but stated that he does not need the sidewalks as proposed since he already has sidewalks. Mr.. Roberts stated that the existing sidewalks on Mr. Tolento's property are in very bad condition and will have to be replaced; that the installation of curbs and gutters will eliminate the existing head -in parking, Item #11, Gilbert Cavazos: Mr. Gilbert Cavazos appeared and stated that he approves of the improvements, but asked for an explanation as to what basis the assessment rates were calculated on his property and asked if the new sidewalks would be smooth. Mr. Lontos explained that all new sidewalks will be constructed in conformity with the engineering standards, and that they will be smooth. No one else appeared in connection with the foregoing proposed street improvements. Motion by McDaniel, seconded by Blackmon and passed that the hearing be closed. Motion by Blackmon, seconded by Sizemore and passed that the proposed Assessments on the improvement of. Crockett Heights Annex B, 14th, Marguerite and Burnet Street, be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.