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HomeMy WebLinkAboutMinutes City Council - 09/18/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 18, 1968 2:00 P.M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Commissioner: W. J. Roberts in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of September 11, 1968, were approved as submitted to the Council. Mayor Blackmon recognized the presence in the audience of Mr. George Roberts, from the St. Paul -Minneapolis area, visiting in this City as a guest of his brother,Commissioner Roberts. Mr. Roger Kesterson, representative of the Corpus Christi Junior Chamber of Commerce, presented Mayor Blackmon with an engraved plaque signifying appreciation for his participation in the Annual Junior Chamber of Commerce Membership Drive held on July 23, 1968. Mayor Blackmon accepted the plaque with gratitude, and commended the JAYCEES for their contribution to community affairs. Messrs. J. R. Hatch and Carl Duaine appeared before the Council in connection with a proposed street improvement project wherein Flores Street between Agnes and UpRiver Road is to be extended, and requested that the City change the route so as not to take so much of the Hatch property. They stated the proposed alignment would cause considerable damage to their investment, home and business. The matter was referred to the City Manager for study. Mayor Blackmon called for the opening of bids. l Minutes Regular Council Meeting September 18, 1968 Page 2 Bids were opened and read on construction of Marine Improvements, Unit VII, from the following firms: Brown & Root; Goldston Construction Company; Loyd Richardson Construction Company; and Austin Bridge Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter, pending tabulation and recommendation of the City Manager. City Manager Townsend presented the pending item of zoning Application 468-2, Mr. Jim Wilburn, Jr., on which a public hearing was held April 29, 1968, and gave a brief history of the request. He explained that it was the recommendation of the Manning Commission that the application be denied on the basis that itwould constitute "spot zoning", and that the Staff had concurred on the basis that this area is purely residential and would create additional traffic congestion in an already crowded area. He stated that Mr. Wilbum has been contacted and that he is in agreement with the proposal to approve a Special Permit for uses authorized in "AB" and subject to all restrictions of "AB" and that he would submit a site plan acceptable to the City Council. Motion by Roberts, seconded by Bradley and passed, that Application 0468-2, Mr. Jim Wilbum, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 15, Block "A", Phillips Addition, be denied, but in lieu thereof a Special Permit for uses authorized in "AB" and according to the site plan approved with access from Cleo Street, and meeting all other requirements of "AB" zoning, be approved, and that an ordinance be brought forward effectuating the change. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "k", excluding Items "b" and "I", be accepted, and that the requests and recommendations be granted and approved as follows: a. That the plans and specifications on storm sewer improvements in Flour Bluff, including Coveway, Jamaica, Waldron Field Road and Whitely Drive, be approved, and that authority to advertise for bids be deferred until after acquisition of necessary right of way for Jamaica Drive and Caribbean Drive; b. (considered separately). Minutes Regular Council Meeting September 18, 1968 Page 3 c. That the award of contract for 178 Policemen's Jackets, ten and one half month contract beginning September 16, 1968, and ending July 31, 1969, @ $22.85 each be made to Burke Uniforms, Inc., of Houston on the basis of low bid meeting specifications in the amount of $4,067.30; (Bid Tabulation #45-68) d. That the authority to enter into an agreement with Jon Held for payment of sewer line extension charges for Waldron Heights Unit 1, on the basis of $150 per lot for a total amount of $6,900 bearing 6-1/2 per cent interest, be granted; (See Ordinance #9026 authorizing agreement) e. That the ordinance for control of rabies be amended to require that any animal biting a person be confined for 10 days in a veterinary hospital or the City Pound in lieu of the 12 day confinement period; f. That the date of October 2, Regular Meeting, be set for a public hearing on the request to close an alley located perpendicular to Padre Island Drive between Merrimac and Monitor, South Park Addition; and that the date of September 25, 1968, Regular Meeting, be set for public hearing for the closing of the Western 210' of LaBranch Street in Rolling Acres Addition; g. That a contract of sale to the Second Baptist Church of a fractional lot adjacent to the Church, extending from Carancahua Street to Hancock Street, containing 3760 square feet, for a consideration of $1,750, being $350 in cash and the balance in four annual installments, be authorized; (See Ordinance No. 9029 authorizing agreement) h. That an addendum to the landscaping specifications of Ocean Drive to modify the performance bond and the one-year maintenance requirements, be authorized; i . That the authority to acquire Parcel No. 2 from Mr. Ed Grossman and wife for $3,075 plus $87.00 closing cost; Parcel No. 16 from Dr. Lowell Ryan for $125.00; and Parcel No. 15 from Walter Wisznia, agent and attorney in fact for Mary Wisznia, for $360 plus $82.00 closing cost, all applicable to Ocean Drive Improvements, be granted; Minutes Regular Council Meeting September 18, 1968 Page 4 j < That an appropriation in the sum of $3,353.50 of which amount $3,250.00 is for acquisition of Parcel No. 14, including $103.50 for incidental expenses, applicable to North Staples, Kinney Avenue to I.H. 37, be approved, and that real estate sales contract with the owners, Mary Cech Trefflich, B. C. Garnett, James B. Wilde and David M. Coover, be authorized; k. That the authority to initiate eminent domain proceedings against Maurice Arage and wife, and Edgar Linkenhoger to condemn for utility purposes Parcels No. 1 and 3, necessary for Hilltop Main Line 31-A, be granted; I. (considered separately). Relative to Item "b" Attorney Ed J. Ford appeared representing Fred and Robert Flato, and Flato Brothers, Inc., requesting that the public hearing for Ocean Drive Street Improvements, Unit III, be reopened to allow him to submit additional evidence concerning the Master Street Plan of 1963-64; to protest the commercial assessment rote of $17.65 applied to the Flato property; and to question the testimony of the City's expert witness at the hearing. Mr. Ford stated that Mr. Flato had filed with the Council a Ietter in which he protests the assessment of the commercial rate applied to land on which his home is built at 4240 Ocean Drive, even though the land is zoned for commercial uses. Mr. Ford cited a similar Houston case wherein a residential street was changed into a thoroughfare, and stated the Supreme Court had ruled in favor of the property owners; stated that in some instances,. certain facts have a tremendous effect on the rights of the parties involved, and that maximum consideration should be given even though it does involve substantial delay in the improvements. City Attorney Singer stated that he did not agree with Mr. Ford's interpretation of the Houston vs. Blackburg case, but that this was not the time for discussion of the legal aspects of the case. Mr. Phil Massad who also owns property on Ocean Drive which was assessed on the commercial rote basis, stated he too would like the opportunity to present additional evidence in protest of the assessment. He stated that he received his notice of the public hearing on the 28th day of August which he alleged did not give him enough time to prepare a presentation of evidence in protest at the hearing. Minutes Regular Council Meeting September 18, 1968 Page 5 A lengthy discussion followed as to the merits of reopening the hearing to the complainants, and City Manager Townsend explained that minor changes and corrections can be made in the assessment roll after the hearing is officially closed, but on advise of City Attorney Singer, it was agreed that a unanimous vote of the Council would be necessary to rescind the motion of September 9, closing the hearing, but that only a majority vote is necessary to defer action for passage of the ordinance. Motion by McDaniel, seconded by Jimenez and passed, that action for passage of the ordinance levying the assessments for improvements of Ocean Drive, Unit III, be deferred for one week. I. City Manager Townsend presented the pending item of Application #967-5, Mr. Wallace L. Lundgren, for change of zoning from "R-16" One -family Dwelling District to "A-2" Apartment House District, for a 45 -unit apartment complex on Lot 9, Block 1, Alameda Estates, on which a public hearing was held October 16, 1967, and the request denied, on October 18, 1967, but in lieu thereof "A-1" Apartment House District was approved subject to a standard screening fence along the North side of the subject property and a site plan to be approved by the Planning Staff. Mr. Townsend stated that the Staff had contacted Mr. Lundgren and that it was his understanding that the property was already zoned, that he was to build the fence at the time he started construction; that he was going to develop the property according to the site plan on file in the Planning Office with possibly some minor alterations; did not have any immediate plans for development, but is working on financing and other details of the project. Mr. Townsend pointed out that, in view of the fact that the conditions have not been met on which the "A-1" was approved; a year time has elapsed and the applicant has no definite plans for development, and there are drainage and sewerage problems in the area, it is his recommendation that the matter be resolved by denying the application. Commissioner McDaniel stated he did not feel it was fair to the applicant to deny the application, in effect, setting a time limit, when there are other older pending cases on the records, to which Commissioner Sizemore agreed. Commissioner Bradley expressed the feeling that the applicant should not be given another year. Minutes Regular Council Meeting September 18, 1968 Page 6 Motion by Roberts, seconded by Jimenez, that the applicant be given 90 days to comply with the conditions stipulated in the action of the Council of October 18, 1967. Motion by McDaniel, seconded by Jimenez and passed, that the foregoing motion be amended and that the time for compliance with conditions be extended six months hence. ORDINANCE NO. 9022 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH HERTZ CORPORATION ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7709, AS AMENDED BY ORDINANCE NO. 8325, SAID LEASE PERIOD TO BEGIN AUGUST 8, 1968, AND PROVIDING FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9023 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC., ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 7711, AS AMENDED BY ORDINANCE NO. 8326, FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9024 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A FIVE-YEAR EXTENSION OF THE LEASE WITH COASTAL BEND RENT -A -CAR, INC., ORIGINALLY AUTHORIZED UNDER ORDINANCE NO. 771Q, AS AMENDED BY ORDINANCE NO. 8327, SAID LEASE PERIOD TO BEGIN AUGUST 8, 1968, AND PROVIDING FOR MINIMUM RENTALS, AS SHOWN ON THE EXTENSION AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Minutes Regular Council Meeting September 18, 1968 Page 7 SECOND READING OF AN ORDINANCE GRANTING A FIVE-YEAR EXTENSION TO THE FRANCHISE GRANTED IN ORDINANCE NO. 6757, ENTITLED "AN ORDINANCE GRANTING TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION THE RIGHT, PRIVILEGE AND FRAN- CHISE TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI FOR DISTRIBUTION AND SALE OF NATURAL GAS; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UPON AND UNDER WHICH SUCH RIGHT, PRIVILEGE AND FRANCHISE SHALL BE EXERCISED; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE AS PROVIDED BY THE CHARTER". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9025 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27T1-1 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 NOo 6106, AS AMENDED UPON APPLICATION OF THE BENEDICTINE FATHERS OF TEXAS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1, 2, AND 3, BLOCK 7, TRACY ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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 suppended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye" ORDINANCE NO. 9026 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH JON HELD FOR PAYMENT OF SEWER LINE EXTENSION CHARGES FOR WALDRON HEIGHTS UNIT 1, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez., Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9027 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI, TEXAS, TO CONDEMN FOR UTILITY PURPOSES A CERTAIN PARCEL. OF LAND LOCATED IN NUECES COUNTY, TEXAS, BEING NECESSARY FOR HILLTOP MAIN LINE 31-A, PROJECT NO. 250-64- 36.9; DESCRIBING SAID PROPERTY AND IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR USE OF THE PUBLIC FOR MUNICIPAL PURPOSES, AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting September 18, 1968 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". ORDINANCE NO. 9028 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FOR UTILITY PURPOSES A CERTAIN PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS: DESCRIBING SAID PROPERTY AND IDENTIFYING THE RECORD TITLE OWNERS; SAID CONDEMNATION BEING NECESSARY FOR USE OF THE PUBLIC FOR UTILITY PURPOSES AND FOR OTHER MUNICIPAL PURPOSES IN CONNECTION WITH PRO- JECT 250-64-36.9, HILLTOP SANITARY SEWER MAIN; SAID PROPERTY BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". ORDINANCE NO. 9029 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT OF SALE AND TO EXECUTE SUCH OTHER INSTRUMENTS AS ARE NECESSARY TO COMPLETE THE SALE TO SECOND BAPTIST CHURCH OF A FRACTIONAL LOT ADJACENT TO THE SECOND BAPTIST CHURCH, EXTENDING FROM CARANCAHUA STREET TO HANCOCK STREET, CONTAINING 3760 SQUARE FEET, FOR A CONSIDERATION OF $1,750, BEING $350 IN CASH AND THE BALANCE IN FOUR ANNUAL INSTALLMENTS, A COPY OF WHICH CONTRACT OF SALE IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING SECTION 5-51 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO PROVIDE FOR PLACING INTO QUARANTINE FOR TEN (10) DAYS OBSERVATION ANIMALS WHICH HAVE BITTEN ANY PERSON. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Minutes Regular Council Meeting September 18, 1968 Page 9 ORDINANCE NO. 9030 APPROPRIATING THE SUM OF $442 OUT OF NO. 220 STREET BOND FUND, OF WHICH AMOUNT THE SUM OF $360 IS FOR ACQUISITION OF PARCEL NO. 15, AND THE SUM OF $82 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, ALL APPLICABLE TO PRO- JECT NO. 220-67-97, OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ONE BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCEL OF LAND FROM WALTER WISZNIA, AGENT AND ATTORNEY IN FACT FOR MARY WISZNIA, THE OWNERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel, and Roberts, present and voting "Aye". ORDINANCE NO. 9031 APPROPRIATING OUT OF NO. 220 STREET BOND FUNDS THE SUM OF $3,353.50, OF WHICH AMOUNT $3,250.00 IS FOR ACQUISITION OF PARCEL NO. 14, $103.50 IS FOR INCIDENTAL EXPENSE AND RELATED COSTS, APPLICABLE TO PROJECT NO. 220-61-50, N. STAPLES, KINNEY AVENUE TO I.H. 37; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH THE OWNERS, MARY CECH TRAFFLICH, B. D. GARNETT, JAMES B. WILDE AND DAVID M. COOVER, INDEPENDENT CO-EXECUTOR OF THE ESTATE OF FRANK A. CECH, DECEASED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9032 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $3,162.00, OF WHICH AMOUNT $3,075.00 IS FOR ACQUISITION OF PARCEL NO. 2 AND $87.00 IS FOR INCIDENTAL EXPENSE, ALL APPLICABLE TO PROJECT NO. 220-67-97, OCEAN DRIVE, CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNERS ED GROSSMAN AND WIFE, SADIE GROSSMAN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9033 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $125.00 FOR ACQUISITION OF RIGHT OF WAY EASEMENT, BEING PARCEL NO. 16, APPLICABLE TO PROJECT 220-67-97, OCEAN DRIVE, CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACQUIRE THE AFORESAID PARCEL FROM THE OWNER, LOWELL O. RYAN, Minutes Regular Council Meeting September 18, 1968 Page 10 BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned.