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HomeMy WebLinkAboutMinutes City Council - 04/24/1967 - SpecialPRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Jack Grant Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel MINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING April 24, 1967 7:30 p. m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Blackmon announced the purpose of the special meeting to consider the establishment of a building line for the protection, improvement and widening of Ocean Drive, on the eastern side thereof, including all the area between the present eastern boundary line of the right of way of Ocean Drive and the shore of Corpus Christi Bay extending from the South right of way line of Louisiana Street and its extension to the eastward shoreline extension of Corpus Christi Bay and extending to the Paul J. Hendricks property at 3034 Ocean Drive. Mayor Blackmon announced that the Council had determined that they are not presently in- terested in any property extending beyond the Hendricks property which is located approximately opposite the property of the First Baptist Church; that this essentially represents all the unimproved property on the east side of Ocean Drive extending from Cole Park to the Hendricks property. Mayor Blackmon further stated that he feels this meeting is not a proper forum for the discussion of legalities, but only to discuss the wise and practical procedure for the improvement of Ocean Drive; that he feels it is to the City's advantage as a whole, to have this property clear and an uninhibited view of the water's edge so it can be landscaped to be enjoyed by the public; stated that nothing has been definitely decided by this Council; that this meeting is only a vehiclg whereby some conclusions can be reached for the protection and improvement of this area; stated that this project has been discussed for the past ten or more years, and that funds are now available for the improvement of Ocean Drive. Mayor Blackmon further stated that the property, if acquired by the City, would be under the provision that no structures would ever be built that would obstruct the view of the Bay and would never be sold or conveyed to others. Mayor Blackmon stated that the improvements are planned to be accomplished Minutes Special Council Meeting April 24, 1967 Page 2 in three segments; that while the first segment is being constructed, there will be work in progress on the second to determine if right of way will have to be acquired, and that it is hoped the project can be completed in two years. He further stated that when the point has been reached for preliminary plans and specifications, it is the intent of the Council to hold public hearings on a few blocks at a time, so that the property owners will be well informed as to what is proposed, and that specific problems will be discussed with individual property owners; that if it is necessary to acquire property from an owner who does not wish to donate, then it will be purchased at the then market value. Dr. L. W. O. Janssen inquired as to why the Council had changed their plans as to how much territory would be taken into consideration at this meeting, and if and when the remainder would be considered. Mayor Blackmon stated that the Council wished to shorten the consideration, and that the remainder would probably not be considered at all, but definitely not at this meeting. Mayor Blackmon explained the procedure to be followed for this hearing; stated that he will call the names of each interested property owner to come forward and state his views in connection with his individual property. Mr. Clarence C. Holmes, appeared and inquired as to what are the Council's intentions as to the improvement of the front areas; is it the intention to extend Cole Park; and stated that he would strenuously object to the extention of Cole Park, and would object to blockage of the view of the water but would not object to the bulkheading. Mayor Blackmon stated that some bulkheading would be necessary; that some of this land is useless to the owner and cannot be used for building purposes, and stated that whether or not the area would become a park has not been determined. Mr. Sam Taylor, 2733 Ocean Drive, stated that he did not particularly object if he could be assured that there would be no building across the street to obstruct his view; that he certainly is willing to listen to reason; that he would not stand in the way of the improvements, but asked if the present plan includes the proposed bridge at Louisiana. Street. Mayor 'Blackmon advised Mr. Taylor that the protection of the view of the water is precisely what the Council is attempting to accomplish; that any property the City acquires would have to be either by donation, negotiation for purchase, or by condemnation; that the proposed bridge at the Minutes Special Council Meeting April 24, 1967 Page 3 intersection of Louisiana Street is still under consideration; that some thought had been given in that direction, but that some engineering advice would be needed to determine what is feasible, and that he, himself, is not convinced definitely that the bridge is feasible or desirable, but that the contour is such that it appears that a low level bridge could be constructed and probably not cause any loss of view to either Dr. Ross Garza's or Mrs. Thelma Parr's homes, but stated that if definite plans are made for the proposed bridge, another hearing will be held. Mr. Conrad Blucher, 2821 Ocean Drive, stated that he has no objection to the establishment of a building line; that he has no plans for building, but was interested in how much more of the right of way will be needed. Also stated that he felt allowances should be made for the construction of side- walks on the West side of the street. Mayor Blackmon stated that the City has a 100 -foot dedicated right of way; that there is probably only about 40 feet in use now; that some property owners are probably using public right of way as planting strips; explained that the permanent roadway will require 88 feet, and that there will be no additional right of way needed until they get to the S -Curve, Dr. W. R. Hubler, owner of two lots on which he proposes to build, appeared and stated that he would like to see "freedom from condemnation" that he is opposed to any further condemnation actions by the City, and strongly favors negotiation for needed property. Dr. Hubler suggested the construction of a roadway around Cole Park and the T -Heads, stating that the temporary road provides a very beautiful view of the water; stated that it is not safe to try to look at the view when driving down Ocean Drive; that the City has many undeveloped parks, and that he feels the Council should concentrate on the development of these areas; stated that there are several areas on Ocean Drive with Targe frontage areas which could be developed with roadways for sightseeing and which would be an added attraction to the City; stated that the Glasscock Fill area has not been utilized to its best advantage to the City, and in this connection, stated that if the City must condemn, it should condemn the land which originally belonged to the City, that this Glasscock Fill area could have been a beautiful park with a tremendous value to the City. Dr. Hubler further stated that he believed this Administration has good intentions, but that no one can predict what will happen in the future. Minutes Special Council Meeting April 24, 1967 Page 4 In answer to questions from Mayor Blackmon, Dr. Huber stated that he has definite plans to build within the next two or three years, and stated that in the meantime he would be willing to improve his property by some type of landscaping; and further stated that when he is ready to build, he would be willing to build the type of structure which would not obstruct the view. Mr. Dave Coover appeared and spoke in behalf of Mr. Frank Cech, and stated that Mr. Cech, as well as himself, feels that any attempt to condemn the property is completely unwarranted; that adjustment of setback lines justify litigations, and stated that legal action will be employed as a last resort if the City attempts to enforce the proposed restrictions; stated that his client would be willing to negotiate; stated that they have no assurance that the property will be maintained as privately owned property; that they are aware that one Administration can undo what another does; criticized the manner in which some City -owned property is maintained; stated that he does not approve of the "strip" method of constructing seawalls which tend to create greater erosion and greater danger to raodways; stated that he feels the City should explore the possibility of constructing a uniform seawall; that it seems ridiculous to spend several million dollars on a roadway with the possibility that it could "fall into the Bay" as has been the case in a particular place in California, Mr. Coover further stated that his client wished to go on record as being completely opposed to any attempt on the part of the City to take steps to prevent property owners from building on their private property, and that it will be opposed legally or otherwise. Mr. Coover further stated that if the City will agree to consider the construction of a uniform seawall to protect Ocean Drive, his client is willing to cooperate. Further, that his client feels the cost of this project should be borne by the citizens of Corpus Christi and not just by a few people living on the street; that he feels he does not owe the City anything, and expects to be paid for any property taken from him. In answer to a question as to whether or not Mr. Cech has any definite plans for improving his property and his willingness to landscape, Mr. Coover stated that Mr. Cech's plans are "about as indefinite as whether or not he will be living tomorrow", but stated that he would be willing to bear all of the cost of his share of a uniform seawall. Mayor Blackmon called for a show of hands in the audience of those who would be willing to landscape or enter into a voluntary agreement with the City to maintain, landscape and keep up Minutes Special Council Meeting April 24, 1967 Page 5 their properties if the City should decide to exclude their properties from setback line restrictions, and approximately ten people indicated their assent. Mr. John J. Pichinson, 2901 Ocean Drive, stated he does not oppose the idea of the City establishing its "arbitrary setback line" to restrict building but that he would oppose the taking of the land for public park use and thereby detracting from his right to his privacy in using his land. Mr. Pichinson further stated that he had chosen this particular site to build his home at an angle so as to receive the full benefit of the view of the water and of the City's shoreline, and that they had built with the understanding that they would always have an unobstructed view, Mr. Pichinson further stated that he was not in agreement with Mr. Coover and Dr. Hubler relative to building restrictions on the east side of Ocean Drive; that many residents on Ocean Drive were opposed to Dr. Hubler's plans to build; stated that he would be willing to bear the expense of landscaping to beautify the area; and further, that he did not feel the City should take property by indirect means but by legal provisions. Mr. John R. Padilla appeared representing the estate of James and V. L. Rossi, and stated that this particular tract is not unique but does have some problems that are different from those situated to the north; stated that his clients are aware of the City's right to take property for public use, but that if the Council's sole purpose is to restrict building, then he is opposed to it; stated that he is not in favor of the 100 -foot setback line; inquired as to what the Council had in mind with respect to the first portion of the improvement; stated that his clients have no immediate plans for the use of the property, but that they would be willing to maintain and beautify within reason. Mayor Blackmon advised Mr. Padilla that the engineering on the first segment is now under way and it is hoped it will be ready to advertise for bids by June of this year, and that the Council still has an open mind as to how far out on Ocean Drive it is reasonable to go. Mr. Ed P. Williams appeared and stated that he owns no property at the present time, but that he has an option to purchase some property, the description of which he did not wish to disclose at this time. Mr. Williams questioned the City's right to "buy park land with street construction funds", stated that he did not believe the construction of homes on the east side of Ocean Drive would obstruct the view; stated that there was nothing beautiful about a vast expanse of water; that it is Minutes Special Council Meeting April 24, 1967 Page 6 much more attractive if it is interspersed with beautiful homes and gardens; stated the residents on Ocean Drive are financially able to take care of their property and that they will protect them from erosion; stated that in his opinion it would be a tragic mistake to spend money to buy the land when we have a million and one-half dollars asset in Cole Park which should be developed to the utmost; also stated why should the City worry about property out to the Hendricks property and not be concerned about the property all the way out to the Alameda Junction. Mr. J. W. Gary, attorney, appeared and spoke in behalf of Norman Foster, and opposed the plan for building restrictions on Ocean Drive, and stated that Mr. Foster had purchased his property and was ready to build a home; inquired if the Council expected to reach an early decision on this matter or did they expect to accomplish by delay what they could not otherwise do. He also stated that his client did notwantthe property taken by unreasonable means, arbitrarily or otherwise. Mayor Blackmon stated that the decision would be reached within two weeks or less, even though "you may not like it, but we will do the best we can". Dr. L.W.O. Janssen stated that he is without counsel, that his counsel had disqualified himself, and that he was present to listen and to be informed as to the intent of the Council; stated that this land has been platted and zoned for single-family dwellings years ago; that he has no immediate building plans, but that if the Council decided not to establish building lines, he would be willing to maintain and beautify his property. Mayor Blackmon stated that the Los Amigos Private Park property, owned jointly by some seven or eight people, have filed written obljections through their attorney, Mr. Harvey Weil, stating that the owners dot not object to a setback line on the east side of Ocean Drive which will prevent the building of structures on top of the bluff which will cut off the view of the Bay, but they do object to the setback line being placed at the water's edge because structures may be built below the bluff, not obstructing the view, and still permit the area to be used for private park purposes. Also, stated that they object to any proposal to acquire the land for public use which would be turned into a public park. Dr. Hans E. Heymann, appeared and stated that he has an option to acquire some property, had signed a contract and put up ernest money; stated that two or three days after he had signed the Minutes Special Council Meeting April 24, 1967 Page 7 contract he had become aware of the proposed establishment of set back lines and that this had "quickly established my interest in this matter"; that he is in agreement with the statements of Dr. Hubler, Mr. Williams and Mr. Gary; that if the Council proposes to take the land to prevent erosion is one thing, but if it is to prevent building, then he sees no point in spending this money for this purpose; that there are other areas where the money could be used to a better advantage. Dr. Heymann stated that if he closes the deal to purchase the aforementioned property, he would be willing to landscape and beautify the property. Dr. H. Ross Garza, appeared and stated that he is opposed to the plan to preserve the view on Ocean Drive, stating that when he drives down Ocean Drive, it is to view the beautiful homes, scenery and gardens, and that when he wanted to see the water he would go to South Beach. Dr. Jose Garcia appeared and congratulated the Council for their courage to fight for the development of Ocean Drive; stated that he is in favor of preserving the view by whatever means, legal or otherwise, and prevent building on the east side of Ocean Drive. Mayor Blackmon stated that up to now, he has heard arguments mostly from the opponents and proponents, and that now he would invite persons from the general public to speak. Mr. Ed P. Williams stated that the plan for improving Ocean Drive made it appear that the Council had abandoned the proposed Off -Shore Expressway, and asked Mayor Blackmon if that was true, to which Mayor Blackmon answered that he did not wish to enter into a discussion of that project at this time. Mr. Williams stated that he favored the Off -Shore Expressway and stated that in his opinion every property owner on Ocean Drive could be sold on this idea; stated that this drive would offer protection to the land, and reduce traffic on Ocean Drive, which is what most Ocean Drive residents are interested in. Mr. Williams further stated that he hoped the Council is not contemplating spending Street Bond Fund money for improving park land. Mr. Carlos Anderson, 121 Southern, spoke in support of the plan to establish setback lines, and stated that he considered the view of the waterfront the greatest asset to his property, and that visitors from out of the State and from inland areas always comment and express appreciation for the beautiful waterfront, but stated that he would be opposed to the bridge being constructed over the intersection at Louisiana Street. Minutes Special Council Meeting April 24, 1967 Page 8 Mr. David Mendlowitz stated that he lives outside the area under discussion tonight, but that in his opinion, he feels it is highly unwise to put too much emphasis on creating a better view on Ocean Drive as it is already a dangerous speedway, particularly from the S -Curve on south and if it is widened and a tremendous view is provided, the traffic hazard on this drive will be multiplied, and stated that the Council will be responsible. Mrs. Jim Alice Scott, spoke as a member of the general public and commended the Council and this group of people on their efforts in trying to beautify the City, and stated that she appreciated this opportunity of coming to this meeting and meeting so many people who have had such an important part in making Corpus Christi what it is today. Mrs. Scott further stated that she would approve building restrictions on the east side of Ocean Drive. Mr. Ed Williams spoke again and suggested that restrictions be placed on the height of buildings constructed on the east side of Ocean Drive, stating that if they were built at a lower level of some 8 to 12 feet above sea level, the view from the street would not be obscured. Mr. Marcus Lutz, 4350 Ocean Drive, stated that he had received a postal card giving notice of this meeting which read in part, "the City Council will determine the future of your property on the East side of Ocean Drive"; and stated that he was under the impression that the card was sent by the City. Mr. Lutz stated that the antagonism brought about by this notice prompted his attending this meeting. Mayor Blackmon asked to see the card, and promptly advised Mr. Lutz that it positively had not been sent by the City. No one else appeared to be heard in connection with the proposed establishment of a setback line on the east side of Ocean Drive. Mayor Blackmon thanked those who attended and participated in this hearing, for their considera- tion and manner in which they had expressed their views, and urged that all feel free to come to the Council meetings at any time. Mayor Blackmon also appealed to those property owners who have property which is of no use to them to donate it to the City's use for the improvement and beautifica- tion of Ocean Drive. There being no further business to come before the Council, the Special meeting was adjourned.