Loading...
HomeMy WebLinkAboutMinutes City Council - 06/28/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 28, 1967 2:00 P.M. PRESENT: Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr, Jack Grant Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel City Manager Herbert W. Whitney City Attorney 7. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Ronnie Sizemore called the meeting to order. The Invocation was given by The Reverend Robert Quanstrom, Pastor of the Trinity Church of the Nazarene. City Secretary T. Ray Kring called the roll of those in attendance. Motion by McDaniel, seconded by Grant and passed that the absence of Mayor Blackmon be excused for cause. The Minutes of the Regular Meeting of June 21, 1967, were approved as furnished to the Council. Mayor Pro Tem Sizemore read and presented, on behalf of the City Council, a special citation of commendation. to former Councilman, Patrick J. Dunne, -in honor and appreciation of his outstanding services to the community, and particularly, his intense and untiring efforts of over a month in the identi- fication of the body of drowning victim, Mrs. Shirley A. Hornea of Peoria, Illinois, who slipped from the Seawall in Corpus Christi. and drowned April 10, 1967. Mr. Dunne accepted the commendation with humility and appreciation. Mayor Emeritus McIver Furman and Mr. Dunne's twodaughters, Sophie and Michele, were present for the occasion. Mayor Pro Tem Sizemore read and presented proclamations relative to the following: ,SAFE BOATING WEEK, in Corpus Christi, the week of July 2, 1967, received by Mr. Wachtel, Mr. Vance Barnsden and Mr. Wise; and INDEPENDENCE DAY. is Corpus Christi, July 4, 1967, received by Mr. Cuban Burbank. Mayor Pro Tem Sizemore recognized.As Der, representative of the Corpus Christi Junior ;Camber of Corm<erce, who was present in connection Day - with the foregoing Ihdepeodeoce /Pror snation, and extended a special invitation to members of the Council to attanSL the 'veterans of Foreign Ware Armistice Day ceremonies to be held in Sherrill Park on July; `oi Minutes Regular Council Meeting June 28, 1967 Page 2 Mayor Pro Tem Sizemore announced the opening of bids. Bids were opened and read on Westport Street Improvements, including Post, Ryan, Virginia, Curtis and Soledad, Burnet, Niagara, and Reynosa Streets, from the following firms: King Construction Company; Heldenfels Brothers; South Texas Construction Company; and Burtex Constructors. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Sizemore announced the pending item of Application #567-8, The Humble Oil & Refining Company for change of zoning from "B-1" Neighborhood to "B-4" General Business District, Business District/for the purpose of erecting a larger sign on Lot 1-A, Block A, Baldwin Park Addition, on which a public hearing was held June 21, 1967. Motion by McDaniel, seconded by Grant and passed that action on the fore- going application be deferred for one week. Mayor Pro Tem Sizemore called for the City Manager's Reports. Motion by Grant, seconded by Lozano and passed that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a. That the date of July 19, 1967, Regular Council Meeting, be set for public hearing on three zoning applications; b. That the term of an agreement between the City and William Tosheff for the operation of an aqua -skiff (scooter boat concession) rental business from the L -Head, be extended to May 31, 1969, requiring the payment to the City of 5% gross receipts of rental for the first year and 10% of gross receipts for the second year; c. That the authority to execute consent agreements with the Texas - Mexican Railway Company and the United States of America for crossing over, under and across the Government's existing tract at locations known as the Texas -Mexican Railroad's Engineering Stations 323/86 of the main line, 45/52 of the Cabaniss Spur, and 58/22 of the Cabaniss Spur, by the construction of three culverts, be granted; Minutes Regular Council Meeting June 28, 1967 Page 3 d. That the authority to advertise for bids on oil and gas lease on 26 tracts of City property totaling 97.455 acres, be granted; e. That a policy be adopted to the effect that the retail sale by the City of gas lights to individual residents, be discontinued as of and after July 1, 1967, due to the fact that there now exists in the City private companies engaged in this business, but that the City continue to stock and sell gas lights to developers and builders; ORDINANCE N0. 8505 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER EXTENSION AGREE- MENTS WITH THE FOLLOWING LESSEES, FOR THE RESPECTIVE FARM LEASES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ACCORDING TO THE TERMS OF THE RESPECTIVE ORIGINAL LEASES, AND THE ORDINANCES ORIGINALLY GRANTING SAID LEASES, AS FOLLOWS: Tom Slay, Tract "A", Ordinance No. 6653, Tom Slay, Tract "B", Ordinance No. 7021, Guaranty Title & Trust (Plato & Hoepfner), Tract "C", Ordinance No. 6655, Kelly Ranch, Tract "D", Ordinance No. 7006, W. F. Griffith, Tract "E", Ordinance No. 6656, and J. H. Scogin, Tract "3", Ordinance No, 7324, SAVE AND EXCEPT THAT EACH OF SAID LEASES SHALL BE EXTENDED SO AS TO BE FOR A FIVE (5) YEAR TERM, WHICH TERM IN ALL CASES WILL BEGIN AUGUST 15, 1967, AND END AUGUST 15, 1972. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye"; Blackmon absent. ORDINANCE NO. 8506 AMENDING ORDINANCE NO. 8424, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 19, 1967, BY EXTENDING THE TERM OF A SCOOTER BOAT CONCESSION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND WILLIAM M. TOSHEFF FOR THE OPERATION OF SMALL SCOOTER BOATS IN THE MARINA, SAID TERM TO BE EXTENDED TO MAY 31, 1969, AND REQUIRING THE PAYMENT TO THE CITY OF 5% OF GROSS RECEIPTS OF RENTAL FOR THE FIRST YEAR AND 10% OF GROSS RECEIPTS FOR THE SECOND YEAR; KEEPING IN EFFECT ALL OTHER TERMS OF THE AGREEMENT; AND DECLARING AN EMERGENCY, The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye"; Blackmon absent. ORDINANCE NO. 8507 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AI\TD ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREEMENTS WITH THE TEXAS -MEXICAN RAILWAY COM- PANY AND THE UNITED STATES OF AMERICA FOR CROSSING OVER, UNDER AND ACROSS TEE GOVERPMENT'S EXISTING TRACT AT THE LOCATIONS KNOWN AS THE TEXAS -MEXICAN RAIL- ROAD"S ENGINEERING STATIONS 323/86 OF THE MAIN LINE, 45/52 of the CABANISS SPUR, AND 58/22 OF THE CABANISS SPUR, BY THE CONSTRUCTION CF THREE CULVERTS, AS MORE FULLY DESCRIBED IN COPY OF EACH CONSENT AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 28, 1967 Page 4 The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye"; Blackmon absent. Mayor Pro Tem Sizemore announced the public hearing on the appeal of Peerman Corporation of the ruling of the Zoning & Planning Commission relative to park requirements in Pharaoh Valley Towne Houses, and explained the procedure to be followed. Mr. Frank Peerman appeared representing the Peerman Corporation, and described the location of the townhouses and the proposed private park develop- ment within the area; stated that this appeal is being made due to the park re- quirement on the Pharaoh Valley Townhouse, Block 1 Plat, which plat was approved by the Zoning and Planning Commission on May 23, 1967, with a condition that the developer settle the 5 percent park requirement on the basis of $2,250 per acre, which amounts to $1,217.25 for the area, and which settlement is in lieu of the land dedication. Mr. Peerman stated that he understood the purpose of the park requirement is to provide land for recreational purposes for the people who live within a subdivision where the -land is set aside for this purpose, and that in this particular development, a private park area of approximately 1.5 acres is reserved for the use of the people who live within the development and is approximately three times the amount required of this plat; that this private park area will belong to the 96 home owners in this condominium development and will not be used by the general public; stated that since there were not now specific regulations that govern this type of development, other than in the proposed revisions to the Platting Ordinance, he felt it should be given some reasonable concessions. Mr. Peerman further stated that he is not objecting to the Platting Ordinance requirements on parks, admitting the need for open space, but that he is objecting on the basis that this townhouse development is a new concept and since there is no provision in the Ordinance to cover con- dominium development, it could be given some consideration without damaging the spirit or intent of the Platting Ordinance; stated that originally, an applica- tion was made through the proper channels for zoning to permit condominium con- struction, but since the ordinance does not cover this use, they were advised Minutes Regular Council Meeting June 28, 1967 Page 5 to apply for apartment use which was denied by the Zoning and Planning Commis- sion; that it was recommended that they appeal to the City Council which they did and a Special Permit was granted; at that time it was necessary to submit a plat, but the lots could not be platted as individual lots because they were not being sold that way. Mr. Peerman cited and quoted from the State Statutes the Condominium Law. He pointed out that they had paid $15,000 into the Park Fund for development of South Guth Park; stated they feel they have fulfilled the spirit of the ordinance relative to park dedication, and that enforcing the park require- ment amounts to unjust taxation on the developer since they are providing a park. Mr. Bill Anderson, Director of Zoning & Planning, stated that it was the recommendation of the Zoning and Planning Commission that the request for variance to the Zoning Ordinance relative to park requirements, be denied and that the owner,be requiredto satisfy the park settlement on the basis of $2,250 per acre which amounts to $1,217.25, which settlement is in lieu of the land dedica- tion and is in compliance with the owner -developer's letter-agrement dated October 31, 1962, which was made and signed by Mr. Peerman and acknowledged by the City; stated that this agreement was made at the time the 26.57 -acre preliminary plat of Pharaoh Valley was being considered by the Zoning and Planning Commission in October and November in the year 1962, and has been followed each time a plat has been given final approval by the Zoning and Planning Commission out of the Pre- liminary plat up until the present time; and further stated that the Zoning and Planning Commission does not have the authority to waive the provision relative to park requirements. Mr. Anderson further stated that it was pointed out at the Commission Hearing that the private park area as proposed is three times as much as required of this area; but if this same area had been developed as a detached single-family and based on the average size lot in Pharaoh Valley, it would have contained 24 lots, or approximately 2.2 living units per acre; that this develop- ment will contain 96 units, which is approximately 8.9 living units per acre and is four times greater in density. Mr. Gus Heinemann, Chairman of the Park Board, and Donald Greene, Park Board member, appeared and opposed the City's waiving the park requirement in question on the basis of precedent; cited other developments in the City where Minutes Regular Council Meeting June 28, 1967 Page 6 this requirement had been enforced; pointed out that the Park Board has not taken official action on this particular case, but to be consistent with other prior actions taken by the Park Board in similar matters,.that they are confident it would be the unanimous opinion of the Board that to waive the 5 percent require- ment for park dedication for Pharaoh Valley Towne Houses Block 1 Plat, would set an unfavorable precedent. In answer to a question from Mayor Pro Tem Sizemore as to whether or not the Park Board is aware of the provisions of the proposed Platting Ordinance, City Manager Whitney stated that this ordinance is the result of a prolonged study of the Zoning and Planning Staff, and that a copy of this proposed ordinance has been sent to the Park Board. Mr. Greene stated that the Park Board had been in dis- agreement on this portion of the ordinance. Mr. Peerman stated that if the Council did not elect to waive the re- quirement as requested that he would suggest as an alternate request, that the requirement be set aside for the present time and that the Plat be approved without the requirement subject to a final decision being made relative to condominium townhouses, and if at that time they are required to pay the stipulated sum, that they will comply. Mr. Peerman presented a drawing of the proposed development. Mr. Jack Davis appeared and stated that as a former developer and builder he felt that Mr. Peerman should be entitled to credit for providing recreational facilities within the development, and stated that the City has many dedicated but undeveloped park areas in numerous parts of the City. No one else appeared in connection with the foregoing appeal. Motion by McDaniel, seconded by Grant and passed that the hearing be closed. Motion by Bradley, seconded by Jimenez that the action of the Zoning and Planning Commission be upheld and that the appeal of Peerman Corporation be denied. On vote of the Council on the foregoing motion, Lozano, Bradley and Jimenez voted "Aye"; McDaniel, Grant and Sizemore voted "Nay", and the motion failed to pass. Minutes Regular Council Meeting June 28, 1967 Page 7 Motion by McDaniel, seconded by Grant, that action on the appeal of Peerman Corporation be deferred for one week for further consideration. On vote of the Council on the foregoing motion, Lozano, Bradley and Jimenez voted "Nay"; McDaniel, Grant and Sizemore voted "Aye", the motion failed to pass, and the matter was automatically tabled. Mr. John Priest appeared and introduced Mr. Larry French representing the Corpus Christi Rental Property Association, and presented the Council with a resolution opposing any increase in City or School Taxes, stating that the increase is not justified at the present time due to the normal growth of the area; that property owners would be unnecessarily penalized, and suggested that the City con- sider other means of revenue with a broader tax base. Other members of the organization present were Mrs. Gonzales, Mrs. William Rascoe, Mrs. Jane Crain; Mrs. Frances Gafford, and Mr. Abe Block. (Petition #67-23) Mr. Jack Davis, property owner on Corpus Christi Beach, appeared and complained that the City Council has failed to make promised improvements to the Beach Area; presented pictures and newspaper items of street conditions, drainage problems; substandard buildings, unused railroad tracts and pilings, allegedly existing for eleven years, and requested that the City Council "do something" to improve these conditions or he would be compelled to take legal steps to make his own improvements. Mayor Pro Tem Sizemore stated that the Council would welcome a report on needed improvements on Corpus Christi Beach and is receptive to constructive criticism, but that the hostility demonstrated by Mr. Davis precluded further discussion on this matter during the Council Meeting. Mayor Pro Tem Sizemore stated the meeting would be recessed and the Council would enter into a workshop session for the purpose of conducting a scheduled informal hearing on the issue of the Garrison Drainage Company's appeal to the Texas Railroad Commission for permission to continue using the Oso Creek as a disposal area for salt water from oil wells in the Saxet Field. Mayor Pro Tem Sizemore reconvened the meeting. City Manager Whitney presented for the Council's consideration the following ordinance: Minutes Regular Council Meeting June 28, 1967 Page 8 ORDINANCE N0. 8508 DECLARING ABANDONED THE 5 -FOOT UTILITY EASEMENT ALONG THE NORTHEAST SIDE OF LOTS 8, 9 AND 10, AND THE 5 -FOOT UTILITY EASEMENT ALONG THE SOUTHWEST SIDE OF LOT 11, ALL IN LOT A, FLOUR BLUFF ESTATES IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN VOLUME 8, PAGE 1, NUECES COUNTY MAP RECORDS, CONDITIONED ON PROPER REPLATTING AND DEDICATION OF A SUBSTITUTE 10 -FOOT UTILITY. EASEMENT ALONG THE SOUTHWEST SIDE OF LOTS 8, 9 AND 10, BLOCK A, ADJACENT TO SOUTH PADRE ISLAND DRIVE, ALL IN FLOUR BLUFF ESTATES; AND DECLARING AN EMERGENCY. T'ne Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Grant, Jimenez, Lozano and McDaniel, present and voting "Aye"; Blackmon absent. Motion by Grant, seconded by Bradley and passed that the Council take no positive position at the present time in connection with the request of Garri- son Drainage Company's appeal set for hearing before the Railroad Commission in Austin on June 30, for permission to continue using the Oso Creek as a disposal area for salt water from oil wells, but that a Staff member and one or more re- presentatives of the Council attend the meeting as observers only, for the purpose Of being informed, and that a report to the Council be made prior to reaching a decision. It was decided that Harry Franklin, Petroleum Superintendent, repre- senting the City Staff, be designated to attend the meeting, and Commissioner Grant volunteered to attend. There being no further business to come before the Council, the meeting was adjourned. I, JACK 2. BLA6SMON, Mayor of the City of orpou Christi, Tex -as, certify that the foregoing minutes, same being for the period of June 6, 1967, through June 28, 1967, inclusive, and having been previously approved by Council .action, are by me hereby approved. a City of Corpus Christi, Texas i . BU'1u_40N, Mayor