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HomeMy WebLinkAboutMinutes City Council - 01/15/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 15, 1969 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Gabe Lozano, Sr. W. J. Roberts MICROFILMED JAN 2 31969 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 The Reverend 1. W. C. Dedrick of West Point Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Sizemore, seconded by Roberts and passed, that the absence of Commissioners Jimenez and McDaniel be excused for cause. The Minutes of the Regular Meeting of January 8, 1969, were approved as furnished to the Council. Mrs. D. R. Burden, 5401 Eden Street, appeared and presented the Council with a petition asking that James Street be resurfaced, and that Heldenfels Brothers be asked to discontinue dumping concrete, fill dirt and similar materials on the firm's property at Eden and James Street. The petition alleged that the site is an eyesore and creates a hazard for residents in the area. (Petition #1-69) Mayor Blackmon accepted the petition and stated it would be referred to the proper department for investigation. Bids were opened and read on the construction of Sanitary Sewer 34-A, Section 1I, from the following firms: T. H. Lee Contractor, and Heldenfels Brothers. 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 Blackmon recognized Mr. J. L. Portman, 1552 Lea Lane, who had requested that the Council hear his complaint regarding paving assessments on Lot 37, Block 10, Cullen Place, in connection with street improvements of Airline Road. Mr. Portman stated that he had appeared at the April 12, 1967, assessment hearing and protested the assessments on the basis that he felt it was unfair to be penalized for owning a corner lot since the improvements on the side street will • Minutes Regular Council Meeting January 15, 1969 Page 2 be of no value to him, because he does not have access to it; stated that he felt the assessment was out of proportion and excessive; that he had been lead to believe that these points would be considered and that he would receive a com- munication from the Mayor as to whether or not the assessment would be reduced. He stated that he had received no further word until recently he received a letter from the Collection Department stating that his payment was past due and threatened a law suit if the levy was not paid. Mr. Portman further complained that he was not advised of his right to file suit to set aside the levy; that he was denied access to Airline from the back of his lot; that he has no chance to improve the property; that the new improvements have only increased the amount and speed of traffic; that noise has increased; that generally the residential value of the prop- erty has been decreased and less desirable; that the improvements were made to divert traffic from other streets benefiting the general public; and that the gen- eral public should pay the cost. ;., further alleged that the City has only one opinion that property values will be increased. Mayor Blackmon stated that he was not aware that it was his responsibility or had promised to personally communicate with Mr. Portman regarding this matter, and explained the usual procedures in paving assessment matters. He stated he did recall that the ultimate decision of the majority of the Council was adverse to Mr. Portman. City Manager Townsend explained that the recent letter which Mr. Portman had received was preceded by a visit from a member of the Public Works Staff; that Mr. Portman had refused to sign the agreement. Mr. Townsend explained that it is the usual procedure, if the agreement is not signed, the full amount of the assess- ment is due and payable immediately. He stated that a 33% adjustment had been made on the subject property on the depth factor prior to the assessment hearing. Mr. Portman inquired if the Council had the authority to allow him the privilege of providing an access driveway to Airline. Mr. Portman was referred to Director of Public Works Jack McDaniel on the question of driveways permitted on Airline. Following this conference, Mr. McDaniel reported that the subdivision restrictions do not permit driveways on Airline in Cullen Place 1 Plat; that Mr. Portman was so advised; that he is still expecting some word from the Council; • Minutes Regular Council Meeting January 15, 1969 Page 3 Mr. Portman had stated that if he could not use the property in the way he wants, then the assessment is excessive and that he will refuse to pay for it. Mayor Blackmon stated the protest will be accepted, but will not con- stitute a reopening of the hearing, and stated that the Council will seek the advice of City Attorney Singer and recommendation of Public Works Director Jack McDaniel on the question of driveways, but that the matter of assessments stands unchanged. Mayor Blackmon presented Fireman Eusebio R. Lopez an award for having completed 20 years of service in the Fire Department as a participating member of the Firemen's Relief and Retirement System which qualifies him for retirement benefits, and expressed the thanks of the Council for his services. Mayor Blackmon called for the City Manager's Reports, Motion by Sizemore, seconded by Lozano and passed, that the City Manager's Reports be accepted, and that the reco,unendations and requests be approved and granted as follows: a. That acceptance and final payment of Estimate No. 6 in the amount of $7,677.77, representing the amount now due the contractor, Slovak Brothers, upon completion of construction of the McArdle, Viola, Dodd, and Temple -San Diego area storm sewers, be approved; total work done reflecting an overrun of $3,088 for the McArdle area and an underrun of $2,640 for the Temple -San Diego area making a net overrun of $448.00; b. That approval of Change Order No. 1 in the amount of $1,725 for the addition of peat moss and increased, size of shrubs in connection with land- scaping of Ocean Drive, Craig to Hewit, is recommended, and that an appropriation for this amount be authorized; c. That an appropriation in the amount of $16,500 to cover cost of completion of the irrigation system, materials and installation, on Ocean Drive, from Craig to Hewit, be authorized; d. That the date of February 5, 1969, 3 p.m., be set for a public hear- ing on the zoning application of Sherman F. Hawley, on property located in the 40o Block of Skipper Lane between Carleta Street and Marzbacher Drive; and zon- ing application of Bob E. Rice on a tract of land running 125 feet along the East right of way of Waldron Road; • Minutes Regular Council Meeting January 15, 1969 Page 4 e. That an appropriation in the amount of $5,087, of which amount $4,960 is for acquisition of Parcel No. 18-G, and $127 for incidental expense, applicable to Ocean Drive, Craig to Alameda, be approved, and that real estate sales contract with owners, J. J. Tromm, et al, be authorized; 1. That the authority to advertise for bids on an oil lease of various pieces of City -owned property in the Corpus Christi Beach area, be granted, and that the date for receipt of these bids be set at a later time contingent on further information and recommendation of the Purchasing Division; g. That the authority to advertise for bids to be received January 28, 1969, for Uniform Rental Service for 72 weeks for 293 employees in 10 Divisions, be granted; h. That preparation of an agreement with the South Shores Estates Association under which the Association will deed to the City Lots 17A and 18A, Block 10, South Shores Estates, which lots are needed as right of way for Ocean Drive Street Improvements, and the City will, in turn, assume maintenance respon- sibility for two planter boxes, street lights, water system, and a grass strip between the curb and brick wall along Alameda Street abutting South Shores Estates, be authorized. Mayor Blackmon announced the pending item of Zoning Application #1168-2, Southwestern Oil & Refining Company, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District, on Lots 4 and 16, Block 5, Sunset Place. Mr. Mike Kendrick, attorney representing the applicant, appeared and stated that the granting of the alternate request of "AB" zoning would be accept- able conditioned so as to permit Southwestern Oil & Refining Company to use the property as an improved parking area until the engineering office is ready for occupancy. Motion by Bradley, seconded by Lozano and passed, that Application #1168-2, Southwestern Oil & Refining Company, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Lots 4 and 16, Block 5, Sunset Place, be denied, but in lieu thereof "AB" Professional Office District be approved on these two lots, and also Lots 1, 2, 3, 17, 18, 19, Minutes Regular Council Meeting January 15, 1969 Page 5 and 20, all in Sunset Place, be changed from "B-1" Neighborhood Business District to "AB" Professional Office District, hearing held October 8, 1968, and that an ordinance be brought forward effectuating the change. Mayor Blackmon stated that it would be his recommendation that the pending matter of Zoning Application #1168-6, 0. W. Carlock, appearing on the agenda as Item "b", be deferred inasmuch as the 20% rule is in effect; there are only five members of the Council present; and that it is his intention to abstain from voting. Following a discussion relative to an objection raised by Mr. Mike Kendrick as to the ultimate outcome if deferred until all members of the Council were present, Mayor Blackmon called for a motion as to the Council's desire to consider this matter at this time. Motion by Sizemore, seconded by Bradley and passed, that the pending item of Zoning Application #1168-6, 0. W. Carlock, be considered. City Manager Townsend stated that since the hearing held January 8, 1969, several letters and a petition containing over 300 signatures of persons in favor of the proposed Automotive Speedway located on the 42 -acre tract extending between Leopard and Sedwick west of Southern Minerals Road; some communications opposing the zoning and pictures of the former location, had been received. Motion by Bradley, seconded by Lozano and passed, with Sizemore, Bradley, Lozano and Roberts, voting "Aye", Blackmon abstaining having disqualified himself, that Application #1168-6, 0. W. Carlock, for change of zoning from "I-2" to "I-3" on a 25.4 acre tract of land known as H. J. Till Tract, and a 17.8 acre tract known as Anton Ocker Tract, both being out of Section 8, Range V of H. L. Kinney Sectionized Land of the Villareal Grant, be denied. ORDINANCE N0. 9197 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN OIL AND GAS LEASE ON 130.268 ACRES OF LAND IN SEVENTY-EIGHT (78) TRACTS LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH KELLY BELL, FOR A ONE-YEAR PERIOD, BEGINNING DECEMBER 4, 1968, FOR A CASH BONUS TO BE PAID IN ADVANCE, IN ADDITION TO ALL OTHER CONSIDERA- TION SET OUT IN TIE LEASE FORM, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS 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, Lozano and Roberts, present and voting "Aye"; Jimenez and McDaniel absent. Minutes Regular Council Meeting January 15, 1969 Page 6 ORDINANCE NO. 9198 • AUTIiORIZING AND DIRECTING THE CIT' MANAGER, FUR AND ON BEHALF OF' THE CITY OF CORPUS CHRISTI, TO 0000UTE A. CONTRACT WITH BOBBY BRASELTON, GENERAL CONTRACTOR, INC,, FOR CONSTRUCTION OF A NEIGHBORHOOD FACILITY, PROJECT TEX-N-5, SAID CONTRACT HEREBY AUTHORIZED BEING SUBJECT TO FINAL APPROVAL OF THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THE NET AMOUNT OF THE CONTRACT BEING THE SUM OF $361,950 (0R THE BASE BID OF $383,700 LESS ALTERNATES #1 AND #3 IN THE AMOUNT OF $21,750), REDUCED BY CHANGE ORDER N0, 1, HEREBY APPROVED, IN THE AMOUNT OF $28,055; APPROPRIATING OUT OF NO, 102 GENERAL FUND THE SUM OF $340,269,00, OF WHICH AMOUNT $333,895,00 IS FOR THE CONSTRUCTION 001110007 AND $6,374.00 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano and Roberts, present and voting "Aye"; Jimenez and McDaniel absent. ORDINANCE N0. 9199 AUTHORIZING THE ISSUANCE OF CHANCE ZNREER ;0, 1 IN THE AMOUNT OF $1,725 FOR THE ADDITION OF PEAT MOSS AND INCREASED SIZE OF SHRUBS IN CONNECTION WITH LANDSCAPING OF OCEAN DRIVE, CRAIG TO 110017, PROJECT N0. 220-67-97; APPROPRIATING OUT OF N0. 220 BOND FUND THE SUM OF $1,725 FOR PANT OF CHANGE ORDER NO. 1; APPROPRIATING THE SUM OF $16,500 FOR IRRIGATIO', MATERIALS AND INSTALLATION FOR PROJECT NO. 220=67-97.1, OCEAN DRIVE IRR1j-ATIO' SYSTEM, CRAIG STREET TO HEWIT DRIVE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano and Roberts, present and voting "fie"; Jimenez and McDaniel absent. ORDINANCE NO. 9200 APPROPRIATING OUT SOF WO. 220 STREET BOND FUND THE SUM OF $5,087, OF WHICH AMOUNT $4,960 FOR THE ACQUISITION OF PARCEL N0, 18-G, AND $127 IS FOR INCIDENTAL EXPENSE, ALL APPLICABLE TO PROJECT N0. 220-67-97, OCEAN DRIVE - CRAIG TO ALAMEDA; AUTHORIZING AND DIRECTING :THE CITY MANGER TO EXECUTE REAL ESTATE SALES CONTRACT AND SUCH OTHER INSTRUM1NTS AS ARE NECESSARY, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, 11110 THE OWLS OF THE AFORESAID PARC',, J. J, TROMM, ET AL; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended. and the foregoing ordinance was passed by the following vote Blackmon, Sizemore, Bradley, Lozano and Roberts, present and voting "Aye"; Jimenez and McDaniel. absent. ORDINANCE N0. 9201 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 PARTICU- LARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SARATOGA LAND COMPANY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "0", SECTION 1, COUNTRY CLUB ESTATES, AS SHOWN OF RECORD IN VOLUME 34, PAGE 95, NUECES COUNTY MAP RECORDS, FILED FOR RECORD ON DECEMBER 18, 1968, SAID TRACT ALSO BEING KNOWN AS A 16.1 ACRE TRACT, MORE OR LESS, OUT OF LOTS 25 THROUGH 28, SECTION 4, FLOUR BLUFF & ENCINAL 0010 ,7 GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-10" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; REPEALING ALL ORDINANCES I11 CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting January 15, 1969 Page 7 The Charter rule was suspended and. the foregoing ordinance was passed. by the following vote: Black on, Sizemore, Bradley, Lozano ail. Roberts, present and voting "!dye"; Jimenez and McDaniel absent. ORDINANCE N0. 9202 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 2716 DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET ST0.4 OF THE ORDINANCE AIJD RESOLUTION'REOORDS, AS AMENDED FROM TIME TO TINE, AM PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS A,GNDED, '.:PON APPLICATION Or MRS. R. D. HUNTER, BY AMENDING THE ZONING MAP BY CHANGING TEE ZONING ON A PORTION OP P. HINAJOSA ABSTRACT 850 BETWEEN UP RIVER ROAD AND I, H. #37, FRONTING 1,159.97 FEET ON 1. 1i.#37, AND FRONTING 1,189.82 FEET ON LT RIVER ROAD, SUCH DISTANCE RUNTYCNG y A ESTtRLY DIRECTION FROM A POINT WHERE TIP RIVER ROAD 416 I. H. #37 RIGH'' OF WAY INTERSECT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUE'CES COUNTY, TEXAS), FROM "R -1H" 060 FAMILY ITNELLTNG DISTRICT TO "B-1" NEI_GHBORi00D BUSINESS DISTRICT AS 10 1110 EASTERN PORTION TO A LINE FROM WEST GUTF. PARK EXTENDED, AND "A-2 APARIYEN11 HOUSE DISTRICT 013 THE REMAINDER OF THE TRACT; REPEALING ALL ORDINANCES 1 OONFL_i":';: VEMW2TH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Lozano and RoberTs, prese' °erd voting "Aye"; Sizemore disqualified; Jimenez and. McDaniel absent. 0=A700 NO. 9203 AMENDING THE ZONING ORDINANCE OF TTL CITY OF CORPUS CHRISTI, ADOPTED F 7TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 5'537,,�^NT SE, 0 THE ORDINANCE AND RESOLUTION RECORTS, AS AMENDED FROM TIME TO 'DIKE, AND PARTICULARLY AS AMENDED BY ORDINANCE N0, 6106, AS AMENDED, UPON APPLICAT 1 i 4163!A'..faITC'AE,, HOUSE MOVING COMPANY, BY AMENDTNG T1E ZONING MAP BY CHANGING THE ZOI:=Z 22-r,, FALLINS 'RIVERSIDE SUBDI',VISI01s, RECORDED IN ' a_L1 L 26, PAG: 9 MAP RECORDS 0': r+r..OT2'1, „ , JULY 2, 1963, %O.E'AI"?MNG 4.095 ACRES, '-i -_A -:D NT10CED COUiN1'Y, 'TEXAS, FROM "R -1 E" ONE FAMILY _ i ELLL[G 0111600? "A-1:' .APARTMENT US DISTRIOT AS TO THAT AREA FACING 320 FELT ON UP RI ER =7711110 SOUTHWARD r'O t A DEPTH OF 220 FEET, AND THAT THE BALANCE OF IHE TA _. 2,CI1'r;D "R-2" TWO FAMILY DWELLING DISTRICT; REPEALING ALL OR.DINANC IN 11 6CT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing nrdia:-,^. was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano and Roterts, present and voting ''Aye"; Jimenez and McDaniel absent, Mayor Blackmon express=_ed a need for a closer means of comm onication with the Lower Nueces River Water Supply District, and directed t;.at the City Manager designate one or more members of the Staff, and perhaps some member of the Council, to attend their meetings thereby making possible more prompt reports on matters involving mutual interests of the City and the Water District, and that requests for information be brought to the attention of the Council for more prompt action. Minutes Regular Council Meeting January 15, 1969 Page 8 Commissioner Roberts made the further suggestion, in line with the and agenda suggestion of the Mayor, that it would be advantageous for an exchange of minutes/ of the two organizations as a means of better communication and runderstanding. There being no further business to come before the Council, the meeting was adjourned.