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