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HomeMy WebLinkAboutMinutes City Council - 02/20/1963PRESENT: Mayor Ben. F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard M. P. Maldonado Jim Young CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 20, 1963 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend W. H. Colson, Superintendent, Corpus Christi Baptist Association. Motion by Young, seconded by Maldonado and passed that the minutes of the regular meeting of February 13, 1963, at 2 p.m., and of the special meeting of February 18, 1963, at 7:30 p.m., as furnished to the Council be approved. Motion by Maldonado, seconded by Swantner and passed that the absence of Commissioners W. J. Roberts and J. R. de Leon be excused for cause. Mayor McDonald welcomed as special guests of the Council, student representatives of Northeide Junior High School and their sponsor, Mies Florence Adams, and Commissioner Swantner presented Certificates of Attendance designat- ing the following as Honorary Junior City Commissioners: Ramiro Alaniz; Johnny Arrevalos; byrle Grasty; Mary Lupe Flores; and Esther Covarrubias. Mayor McDonald read a proclamation commemorating the centennial of the approval by Preeident Lincoln of the National Currency Act and the significance of the establishment of our Dual l'a.,king System, proclaiming the period from February 25, 1963, to December 31, 1963, as CENTENNIAL OF THE DUAL BANKING SYSTEM OF THE UNITED STATES and urging the people of Corpus Christi to join with representatives of our banking institutions in activities and ceremonies designed to pay tribute to the contribution which our Dual Banking System has made to the economic, social, and cultural lives of the people of this community. In accept- ing the foregoing proclamation, Mr. A. E. Dabney, Centennial Vice -Chairman for the State, commented that the City is honored to have Mr. Ben Wooton, president of First National Bank of Dallas and National Chairman for the Centennial, present and that The President of the United States, and the Governors of each State will issue similar proclamations. • City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 Page 2 Mayor McDonald recognized Reverend W. H. Colson who expressed the thanks and appreciation of the Cuban refugees in our City for the aid given them when they have been forced by Communism in their own country to find a new homeland at least temporarily, and introduced each of the group and identi- fied their professional connections, after which one of the group spoke of the gratitude of all, and expressed the hope that one day they will be able to re- turn to their country and make it a better one based on the freedoms and gov- ernment of the United Statex. In acknowledging the introductions, Mayor McDonald welcomed the group and expressed the hope that it will not be long before their country will be free of the Communism menace and all Cubans will have the option of returning to their country. Mayor McDonald announced the public hearing on the closing of an alley 20' in width extending from Lester Street to Leary Street through Block 3 of Doss O'Neal Addition and Block 1 of Palm Park Addition. Mr. Richard Hatch, attorney representing one of the abutting proper- ty owners, requested that the hearing be deferred for 4 weeks in order to allow time to resolve any objections of hie client to the closing. Mr. Parks Street, attorney representing the American Bottling Co., applicant, joined in the request on the basis that since there are only 2 prop- erty owners affected by the closing of the entire length of the alley, any dif- ficulties or objections can be worked out satisfactorily. Mayor McDonald asked if there was anyone present who wished to be heard in any way relative to the proposed closing. No one appeared to be heard. Mayor McDonald declared that at the request of everyone present and interested in the proposed closing and with the unanimous approval of the Council, the matter will be tabled until March 20, 1963, regular meeting, or at such earlier meeting as requested by the parties concerned. Mayor McDonald called for the City Manager'■ Reports. Motion by Barnard, seconded by Swantner and passed that the City Mana- ger's Reports be accepted and the recommendations and requests be approved and granted, as follows; a. That the following application for Interim Building Permit under Article 31 of the Zoning Ordinance, as recommended by the Zoning & Planning Com- mission, be approved: City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 Page 3 #62-39, Associated Pools, Inc., for construction of 30'x 50'x 80' swimming pool with bathhouse and parking lot for recreation center on Lots 1, 2, and 3, Block 1, Martine Subdivision, at 1+301 Violet Road b. That a revocable permit be granted to Joseph Sanfilippo to allow the encroachment of certain airconditioning and refrigerant equipment and the use of the existing frame shed located on the City -owned portion of Lot 1, Block 2, Beach Portion, for a token fee of $5.00 per month. Mayor McDonald called attention to the passage to final reading in the State House of Representatives of House Bill 161 proposing the shell dredg- ing of live oyster beds in which the present supervision of the State Game & Fish Commission over the oyster beds and oyster production would be discontin- ued, and expressed great concern at the detrimental effect of this Bill on the oyster industry of the entire Gulf Coast. He presented and read a proposed resolution that the adoption of House Bill 161 be opposed and that the super- vision and discretion heretofore authorized and exercised by the State Dame & Fish Commission for the protection of oyster beds and the production of oysters be continued, and that the active opposition of the members of the State House of Representatives and the Senate to House Bill 161 be enlisted. Motion by Swantner, seconded by Maldonado and passed unanimously that the foregoing resolution be introduced and acted upon. RESOLUTION N0. 6816 THAT THE ADOPTION OF PROPOSED HOUSE BILL 161 SHOULD BE OPPOSED AND SUPERVISION AND DISCRETION HERETOFORE AUTHORIZED OD EXERCISED BY THE STATE GAME AND FISH COMMISSION FOR THE PROTECTION OF OYSTER BIDS AND THE PRODUCTION OF OYSTERS SHOULD BE CONTINUED IN EFFECT; AND THAT COPIES OF THIS RESOLUTION BE FURNISHED -TO MEMBERS OF ThL STATE HOUSE OF REPRESENTATIVES AND rnE SENATE AND THEIR ACTIVE OPPOSITION TO THE BILL BE ENLISTED. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberts absent. The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Commissioners de Leon and Roberts absent. Mr. Ken Cason, Secretary of the Laguna Madre Fisherman's Association, presented and read a resolution opposing the proposed shell dredging of live oyster reefs on the basis of the encroaching depletion problems of mud shell, the benefits of such Bill to special groups only, the possible reduction of funds City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 Page 4 remitted to the State Game & Fish Fund by the setting of a 15¢ per cubic yard rate for the sale of shell regardless of the current market prices, and the damaging effect of such legislation to the oyster and fish industry on the Gulf Coast of Texas; and resolving that the Laguna Madre Fisherman's Association, acting by and through its Board of Directors at a special meeting on February 20, 1963, go on record and publicly oppose House Bill 161 and urge the State Leg- islature to vote against House Bill 161. Mr. Bruce Collins, Sr. added his opposition on behalf of the Tourist Industry, and pointed out the adverse effect of such legislation on the Tourist Industry in the Coastal Bend Area, which industry is rated as the third largest in the country. Mayor McDonald ordered the foregoing resolution of the Laguna Madre Fisherman's Association received, and by unanimous consent and approval of the Council, this resolution was adopted and approved as the expression of the City Council of their attitude as elected representatives of the citizens of Corpus Christi concerning the matters presented in said resolution, and it was ordered that said resolution be forwarded with the foregoing endorsement to the members of the State Legislature. Mr. Raymond Grandy, speaking in connection with the proposed resolution relative to the cost of treated water to Reynolds Metals Co., questioned the power of the Council to set rates during this moratorium period on the basis that it is a form of contract; and suggested that this matter be studied by an outside source to be sure the rates are calculated without subsidy to Reynolds or profit to the City, since the figures in the proposed resolution are cheaper than those of a survey made by a previous Council. Mayor McDonald explained that it was the opinion of the City Attorney that the proposed resolution does not constitute a contract, but is merely making findings under the terms of a contract presently in effect; and that extensive study has been made by the City Staff and by members of the Council based on con- siderable experience in the matter of water rates with respect to the City of Alice and the City of Robstown, so that the Council feels there is no need to hire outside experts in the matter, particularly since the figures have been voluntarily agreed to as being fair to all parties. City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 Page 5 City Manager Whitney stated that the Staff has spent a great many hours on this subject re -analyzing all available material, and that he had no hesitancy is recommending the adoption of the resolution as a fair rate within the limita- tions of the contract. RESOLUTION NO. 6817 MAKING FINDINGS REGARDING TEE COST OF TREATED WATER FOR THE PERIOD OCTOBER 1, 1961, TO oCTOBER 1, 1966, AS PROVIDED IN THE CONTRACT BETWEEN REYNOLDS METALS COMPANY AND THE CITY OF CORPUS CHRISTI DATED OCTOBER 5, 1951; AND DECLARING AN EmONGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Cammissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberts absent. The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Commissioners de Leon and Roberts absent. ORDINANCE NO. 6818 AMENDING TEE 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 PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106 PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF TRACT I, BEING A PART OF LOT 9, SECTION 31, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS OF NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; AND CHANGING THE ZONING OF TRACTS II AND III, BEING A PORTION OF LOT 9, SECTION 31, AND LOT 2, SECTION 31, RESPECTIVELY, OF THE FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS OF NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberts absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Canmi.ssioners de Leon and Roberts absent. ORDINANCE NO. 6819 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE Wig DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TINE TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106 PASSED AND APPROVED ON THE 297H DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF PARI ALR SHOPPING CP;NTLV BLOCK B, A REPLAT OF APPRoximATELY 11.41 ACRES OUT OF LOT 7, SECTION "A", PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED IN VOL. 26, PAGE 17, OF THE NUECES COUNTY MAP RECORDS, ON JANUARY 25, 1963, FROM "R-lB" • City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 page 6 OAE FAMILY DWELLING DISTRICT TO "B-3" SHOPPING CENTER 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 suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberts absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Ct1A0issioners de Leon and Roberts absent. ORDINANCE N0. 6820 AMISTI ADOPTED ON THE DAY OF AUGUST, 1ING THE 97, APPEARING OF RECORD IN VOL. ORDINANCE OF THE CITY OF 9S_�ES 565 ET SEQ E� ABED BY ORDIE AND NANCENO. RECORDS, PASSED AND AAS AMENDED APPPPRROVED ONTHE2975 PARTICULARLY Y 1961, BY AMENDING 1nE ZONING MAP BY CHANGING THE ZONING OF LOT 1, BOULEVARD ACRES ANNEX, AS SHOWN MAP ORPLAT THEREOF RECORDED FE26 OF THE MAP DESCRIBED RECORDS OF NUECES COUNTY,Y,BEING NG THESAME TRACT OFLAND FORMERLY TEXAS, IN THE CITY OF AS A PORTION OF TRACT 2, SECTION 3, OF THE BOHEMIAN COLONY LAMAS, CORPUS CHRISTI, NURCES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY MELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard., Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberts absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Commissioners de Leon and Roberts absent. ORDINANCE NO. 6821 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 PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 3B, BLOCK 1, ALkMEDA ESTATES #1, AS SHOWN BY MAP OR PLAT THEREOF RECORDED IN VOL. 26, PAGE 21 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL (Y] ER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberta absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Commissioners de Leon and Roberts absent. City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 Page 7 ORDINANCE NO. 6822 AMENDING THE CORPUS CHRISTI Cl`if CODE, 1958, AS AMENDED BY ORDINANCE NO. 6692, PASSED AND APPROVED ON THE 14TH DAY OF NOVEMBER, 1962, SO AS TO REGULATE OPER- ATIONS OF DREDGES AND OTHER EXCAVATION ACTIVITIES ON LAKE CORPUS CHRISTI AND ESTABLISHING A PROCEDURE FOR OB'T'AINING PERMIT; PROVIDING A SAVINGS CLAUSE; PRO- VIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberts absent. The foregoing ordinance vas passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Ape", and Commissioners de Leon and Roberts absent. ORDINANCE NO. 6823 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN Art TITLE TQ CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTIES, IDENTIFYING ltih RECORD TITLE OWNERS, SAID CONDEMNA- TIONS BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EX- PRESSWAY WITHIN THE CORPORATE LIMITS OF Itib CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO LSbT2'TUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTEN- TION OF THIS ORDINANCE; AICD DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberts absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Commissioners de Leon and Roberts absent. RESOLUTION NO 6824 EXPRESSING THE POSITION OF THE CITY OF CORPUS CHRISTI AS BEING IN FAVOR OF THE CREATION OF A TWELFTH SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS AND OF LOCATING THE RESULTING COURT OF CIVIL APPEALS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young present and voting "Aye", and Commissioners de Leon and Roberta absent. The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, Maldonado, and Young voting "Aye", and Commissioners de Leon and Roberts absent. During a discussion of the proposed ordinance amending the Platting Ordinance so as to exempt industrial districts lying North of Interstate 37 and West of the prevent City limits from dedication of park or recreation area, City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 Page 8 Commissioner Swantner stated that he felt the limitation of the exemption to this particular area provided an unfair advantage over other designated industrial districts within the control of the City, and moved that the proposed ordinance be amended so as to remove the requirement of park or recreation dedication from the Platting Ordinance in its entirety. The foregoing motion died for lack of a second. ORDINANCE NO. 6825 AMENDING THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, BEING ORDINANCE No. 4618, AS AMENDED, BY AMENDING SUBPARAGRAPH (e) OF PARAGRAPH 1 OF SUBSECTION "F" OF SECTION IV, OF SAID PLATTING ORDINANCE SO AS TO EXEMPT INDUSTRIAL DIS- TRIpTS LYING NORTH OF INTERSTATE 37 AND WEST OF THE PRESENT CITY LIMITS OF THE CITY OF CORPUS CHRISTI FROM DEDICATION OF PARK OR RECREATION AREA; AND DECLARING AN EICRGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, Maldonado, and Young present and voting "Aye", and Com- missioner Swantner present and voting "Nay", and Commissioners de Leon and Roberts absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, Maldonado, and Young present and voting "Aye, and Commissioner Swantner present and voting "Nay", and Commissioners de Leon and Roberts absent. Commissioner Maldonado reported to the Council on a meeting of the Council's Water Subcommittee with the Directors of the Robstown Water District to the effect that there is to be another meeting to consider negotiations on March 12th or 19th after the Directors of the Robstown Water District have had an opportunity to study the Dillingham report and the proposed contract, and that the Robstown Directors indicated that no damage would be done by allowing farmers in their district to use 1200 acre-feet of water for irrigation purposes although under the Dillingham formula there would be no surplus for this purpose. Myrle Grasty, student guest from Northside Junior High School, called,. attention to the fact that since the closing of the David Hirsch School and play- ground, the children in that area have no safe place to play, and requested that the Council use its influence with the School Board to open this playground. He stated further that the Junior Museum is presently using the Cafeteria of the School for a dollar a year, but that a request for the use of the playground on a similar basis was rejected. City of Corpus Christi, Texas Regular Council Meeting February 20, 1963 Page 9 Mayor McDonald directed that the foregoing request of one of our Honorary Junior City Commissioners be forwarded to the School Board, and that the City Park & Recreation Dept. look into the matter of recreation facilities for the area. There being no further business to cane before the Council, the meeting was adjourned.