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HomeMy WebLinkAboutMinutes City Council - 03/01/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 1, 1967 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Ken McDaniel Dr. P. Jimenez Ronnie Sizemore *Wm. H. Wallace Assistant City Manager R.Marvin Townsend Assistant City Attorney Robert E. Young Acting City Secretary Mrs. Edna Meador Mayor Mclver Furman called the meeting to order. The Invocation was given by Mayor Pro Tem Jack R. Blackmon in the absence of the invited Guest Chaplain. Motion by Dunne, seconded by Sizemore and passed that Mrs. Edna Meador be appointed Acting City Secretary. Acting City Secretary Mrs. Meador called the roll of those in attendance. Motion by Blackmon, seconded by Jimenez and passed that the Minutes of the Regular Meeting of February 22, 1967, be approved as submitted to the Council. Mayor Furman read and presented the following proclamations: PUBLIC SCHOOLS WEEK, in Corpus Christi, the week of March 1 through 8, 1967, received by Mr. Tom Wilkes of Oso Naval Lodge, AF & AM; Mr. Wilkes introduced Chuck Polk and Debra Plough who have been chosen as outstanding students of Cullen Place Junior High School for the term 1966-67; UNITED STATES OLYMPIC WEEK in Corpus Christi, March 1 through March 8 , 1967, received by Commissioner Ronnie Sizemore. Also mention in connection with United States Olympic Week were Howard E. Butt, Jr., James Charnquist, William Cohen, Tom Eastland, Stanley Green, Charles Haas, Cliff Ponton, Richard Sallee and Louis Anderson. Mayor Furman welcomed the Student Council of Tuloso Midway Senior High School, accompanied by Mrs. William Trott, and read and presented Certificates of Attendance to Kay Hand, Linda Brunsen, Pat Needham, Johnny Trott, Robert Wessen and Dana Spears. Mayor Furman called for the City Manager's Reports. Motion by Dunne, seconded by Sizemore 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 March 1, 1967 Page 2 a. That Tax Adjustments for the period of December 1, 1966 through January 31, 1967, be approved as submitted; 6. That the date of March 22, 1967, during the Regular Meeting be set for public hearing on the closing of the 400 Block of Neal Street, and a 20 -foot alley between Lots 10 and 12, and Lots 9 and 11, Block 66, and between Lots 1 & 3 and 2 & 4, Block 67, Brooklyn. Addition. ORDINANCE NO. 8373 AMENDING THE ZONING ORDINANCE OF THE 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 NO. 6106, AS AMENDED, UPON APPLI- CATION OF SEVEN-UP BOTTLING COMPANY OF CORPUS CHRISTI, BY AMENDING THE ZONING ON LOTS 1 AND 2, BLOCK 8, JONES ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "13-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED, REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore present and voting "Aye". Wallace absent. ORDINANCE NO. 8374 AMENDING THE ZONING ORDINANCE OF THE 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 NO. 6106, AS AMENDED, UPON APPLICATION OF MR. CLAUDE E. BIRGE, BY AMENDING THE ZONING ON A 4.386 -ACRE TRACT OF LAND OUT OF THE NORTHWEST PORTION OF LOT 10 OF THE HARNEY PARTITION SITUATED BETWEEN THE INTERSTATE HIGHWAY 37 RIGHT OF WAY AND LEOPARD STREET AND APPROXIMATELY MIDWAY BETWEEN HART ROAD AND CALLI- COATTE ROAD, FROM "F -R" FARM -RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT, SAID PROPERTY BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore present and voting "Aye". Wallace absent. ORDINANCE NO. 8375 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, Minutes Regular Council Meeting March 1, 1967 Page 3 ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF W. H. STAHL, BY GRANTING A SPECIAL PERMIT ON THAT PORTION OF BLOCK "W", LEXINGTON PLACE, FRONTING 120 FEET ON KOSTORYZ ROAD AND EXTENDING TO A DEPTH OF 196.5 FEET, FOR ALL USES PERMITTED IN "B-1" NEIGHBOR- HOOD BUSINESS DISTRICT, SAVE AND EXCEPT THAT ALCOHOLIC BEVERAGES NOT BE PERMITTED TO BE HANDLED FOR SALE FOR CONSUMPTION ON THE PREMISES; AND CHANGING THE ZONING ON THE REMAINDER OF THE TRACT, FACING APPROXIMATELY 95 FEET ON McARDLE ROAD, FROM "R -1A" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charterrulewas suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, and Sizemore present and voting "Aye". Wallace absent. ORDINANCE NO. 8376 CLOSING THAT PORTION OF THE PRESENTLY DEDICATED FORT WORTH STREET EXTENDING 567.91 FEET SOUTHEASTERLY FROM MINNESOTA AVENUE ALONG THE EAST BOUNDARY OF THE R. B. FISHER SCHOOL PROPERTY, LOCATED 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 and Sizemore present and voting "Aye". Wallace absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION, 26-23a, REQUIRING ALL PERSONS WHO ARE REQUIRED TO HAVE PERMITS AND REGISTER UNDER SECTIONS 26-1 THROUGH 26-7 OF THE CORPUS CHRISTI CITY CODE, 1958, TO BE INCLUDED WITHIN THE DEFINITION OF "ITINERANT PERSONS" UNDER SECTION 26-23 AND REQUIRED TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 26-23, 26-24, 26-25, 26-26, 26-27 AND 26-30, UNLESS THEY ARE RESIDENTS OF NUECES COUNTY, TEXAS; DEFINING THE TERM "RESIDENTS"; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore present and voting "Aye". Wallace absent. SECOND READING OF AN ORDINANCE AMENDING SECTION 26-11 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE STANDARDS FOR DECISION OF THE CITY SOLICITATIONS COMMISSION; AMENDING SECTION 26-12 OF THE CITY CODE, SO AS TO CLARIFY THE SOLICITING OF FUNDS FOR CHURCH IMPROVEMENTS; AMENDING SECTION 26-13 OF THE CITY CODE, 1958, BY ADDING PROVISION REQUIRING HEALTH AND WELFARE AGENCIES WHICH ARE AFFILIATES OF NATIONAL ORGANIZATIONS TO SHOW THAT APPLICANT WILL MAINTAIN AN ADEQUATE ACCOUNTING SYSTEM RELATIVE TO THE SOLICITATIONS FOR WHICH PERMIT IS REQUESTED. Minutes Regular Council Meeting March 1, 1967 Page 4 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore present and voting "Aye". Wallace absent. Mrs. Lillian Guzman, 1809 Shely Street, appeared and filed with the Council a petition containing approximately 150 signatures of persons representing the Circulo Social Mexicano Club, requesting that the City give permission for members of the group to serenade homes in the City between the hours of 11 p. m. to 6 a.m. on Mother's Day every year, and stated that it was to "maintain and promulgate an old Spanish tradition and custom". Members of the Council expressed concern over what response would come from the neighbors of the persons being serenaded, and tabled the request for further consideration. (Petition #67-8) Mr. W. H. Stahl appeared in connection with the ordinance granting a Special Permit on his zoning request, and inquired if there was to be a time limit on the permit, and was advised that the permit was perpetual. Mr. Bill Williams, 5958 Nell Street, who appeared at last week's Council meeting to protest the construction of an exit drive onto Delphine Street by a car wash stand, re -appeared and inquired as to the status of the Council's investigation, and stated that he had understood that the matter would be resolved before this time. Mr. Williams also inquired what would prohibit the occurrence of other situations in the area; and also stated that if the strip in question was not dedicated, why did the City not file weed cutting liens against the owners for main- tenance. Assistant City Manager Marvin Townsend reiterated the history of the foregoing problem, and stated that the matter had been investigated by the various departments involved, and that the investigation reveals that although the original plat of the area filed in 1958 showed the 20 -foot strip as a planting strip, the area actually was not dedicated to the City, and therefore, still belongs to the property owners; that since that time, a replat of that portion of the area on which the car wash is being constructed was submitted and approved, and included a driveway from the property onto Delphine Street, thus preventing the City from taking any legal action to prevent the construction of the driveway in question. Minutes Regular Council Meeting March 1, 1967 Page 5 Mayor Furman and members of the Council expressed regrets that this unfortunate situation has occurred, and explained that because the strip was not dedicated, the request for the replat did not come before this Council; and further explained that the City has maintained the strip as a normal continuation of the maintenance of surrounding areas, and that possibly the ordinance should be revised to require notifications on the question of a replat. Motion by Blackmon, seconded by McDaniel and passed that the City Manager be instructed to take immediate steps to contact the owner of the car wash stand to see if some alternate exit plan can be worked out which would be acceptable to all concerned, and if necessary the City should acquire this strip of land to prevent a recurrence of other such situations in this area. Mayor Furman appointed Commissioner McDaniel to work with the Staff, the car wash stand owners, and the residents of the area, as a committee in an effort to bring about a solution to the foregoing matter. *Mayor Furman declared a brief recess before the scheduled assessment hearing for 3:00 p.m., during which time Commissioner Wallace reported at the meeting. Mayor Furman reconvened the meeting, and announced the Council would now hold the scheduled public hearing on Assessments for the proposed street improvements on Omaha Drive from Baldwin Boulevard to State Highway #44; explained that each member of the Council had been presented with a Preliminary Assessment Roll; explained the procedure to be followed for conducting the hearing; and stated that Assistant City Attorney Tom McDowell would conduct the 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, was interrogated by Mr. McDowell and stated that he was personally familiar with the plans and specifications; that they were prepared by personnel under his supervision; that the construction will be under the supervision of his office; explained Minutes Regular Council Meeting March 1, 1967 Page 6 the nature, extent and specifications of the proposed improvements; stated that the construction is proposed to be of a permanent nature; that the rates are based on 80% of the total cost of one- half of the street since a!I properties on both sides of the street in question are zoned for industry; that sidewalks and curbs and gutters are proposed; and stated that the total contract price is $64,235.93; that the property owner's assessment is $38,327.37, and that the City's portion of the cost is $25,908.56. Mr. Bill Roberts testified as to his employment with the City of Corpus Christi as Right of Way Coordinator; his 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 on Omaha Drive; that he had personally viewed within the past week the preliminary assessment roll and each of the properties to be assessed; and stated that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments. Mr. Roberts further stated that the improvements in connection with the drainage would enhance property values, and also stated that since Omaha Drive is a through street, the construction of sidewalks as proposed on the assessment roll, should be installed as is required in all subdivisions, and that in his opinion, sidewalks should be included in this project. Mr. Lontos stated, with reference to the construction of sidewalks, that the platting ordinance does not make a distinction in industrial and residential districts in this regard, and further stated that there is no pedestrian traffic on Omaha Drive at present, but that he felt the sidewalks would be beneficial, Mayor Furman called the names of property owners as they appear on the assessment roll, giving each an opportunity to speak in favor or in opposition to his or her individual assessment: Item 01, NationalSupplyCompany: Mr. Deal Mills appeared and stated that this company has no objections to the proposed paving project, but that they feel the sidewalks are not needed and would like to have this portion of the construction deleted. Items #2,#3,#4,#5,#6 & #7, Flato Properties: Mr. L. C. Carter appeared representing all of the Flato Properties as shown on the Assessment Roll, and stated that the owners do not see a need for the proposed sidewalks, but heartily approved of the street improvements. Minutes Regular Council Meeting March 1, 1967 Page 7 Item #8 & #15, Texas Mexican Railroad: Mr. B. F. Wright spoke in behalf of the Texas Mexican Railroad and stated that the Railroad Company has no objections to the paving of the street in question, but they do not feel the installation of sidewalks are necessary in an undeveloped industrial area. Mr. Wright also stated that the Railroad Company objected to the full plank type of crossings included in the construction plans over the firm's tracks; stated that this type of con- struction will cost his firm about three times as much as an alternate type of construction, and suggested the same type of crossing which is required and used by the State Highway Department, which he stated has been very successful. Mr. Lontos pointed out an example on Cantwell Lane of the type crossings suggested by Mr. Wright and stated that the process of deterioration had proven premature, and further stated that he believes the plank type crossing as proposed by his department is the best type for industial traffic. Item #12, Russ Estate & Grover Johns Estate: Mr. E. G. Horne stated the owners of this property are in favor of the proposed paving project with the exception of the sidewalks and requested that they be deleted. Item #14, Sechrist-HalI Company: Mr, Bob Sechrist appeared and stated that his company is very pleased with the prospect of having the street paved, but that they see absolutely no advantage in having sidewalks installed, and stated that last year when the paving project was initiated, most of the property owners had requested that the sidewalks not be included, and that he, as a representative of this company, is now requesting that this portion of the improvements be eliminated. No one else appeared to speak in connection with the foregoing street improvement assessments. Motion by Jimenez, seconded by Wallace and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that the Assessment Roll for the improvement of Omaha Drive from Baldwin Boulevard to State Highway #44 be approved, with the exception that construction of sidewalks be deleted. Motion by Blackmon, seconded by McDaniel and passed that the problem in connection with the type of crossings for the Texas Mexican Railroad Company be tabled for further discussion, Minutes • ,''Regular Council Meeting March 1, 1967 Page 8 with details to be worked out between the Company and the .Public Works Department as this is not involved in the assessment hearing. There being no further business to come before the. Council, the meeting was adjourned.