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HomeMy WebLinkAboutMinutes City Council - 11/30/1960PRESENT: • Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Christ. REGULAR COUNCIL MEETING November 30, 1960 2:00 P.M. City Manager Herbert W. Whitney Ass't City Attorney Wayland Pilcher City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend Robert R. Marshall, of Church of City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Pat Dunne and passed that the minutes of the regular meeting of November 23, 1960, be approved.. Mayor King announced the opening of bids. Bids were opened and read on an estimated 12 months' supply of approxi- mately 5,000 Lamps of various sizes from the following: C.C. Hardware Co.; General Electric Supply Co:; Graybar Electric Co., Inc.; Nunn Electric Supply Corp.; Southern Electric Supply Co.; Westinghouse Electric Supply Co.; Sterett Supply Co.; Alamo Iron Works; and Magnolia Paper Co. Motion by Barnard, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 19 Items of Weld Fittings and Flanges from the following: The L. B. Foster Co.; HOMCO; Jones & Laughlin Supply Div.; McAllen. Pipe & Supply Co., Inc.; Maintenance Engineering Corp.; The National Supply Co.; Norvell-Wilder Supply Co.; The Rohan Co., Inc.; Superior Iron Works & Supply Co.; Viking Supply Corp.; Wallace Co., Inc.; and SAMSCO. Motion by Pat Dunne, seconded by Humble and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on a 56' and a 60° Railroad Track Scale from the following: Buffalo Scale Co., Inc.; Cardinal Scale Mfg. Co.; The Howe Scale Co.; and Fairbanks, Morse & Co. • Regular Council Meeting November 30, 1960 Page 2 Motion by Barnard, seconded by Pat Dunne and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor King announced the Council would hold the public hearing on the appli- cation of property owners abutting on Busse Lane for a change of street name from Busse Lane to Waco Street. City Manager Whitney located Busse Lane as being one block in length lying between Kinney Avenue and Blucher Street, and stated that since the reports from the Staff do not offer any objections to the change, he recommended that the name of the street be changed as requested by the abutting property owners. No one appeared to speak either for or against this application. Motion by Airheart, seconded by Barnard and passed that the hearing be closed. Motion by Barnard, seconded by Airheart and passed that the name of Busse Lane be changed to Waco Street. Mayor King announced the Council would hold the public hearing on the application of Frank Breslau and Maud Smith for a change of zoning from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District on a portion of land out of Lots 17 and 18, Section 2, Flour Bluff Encinal Farm & Garden Tracts, fronting on South Staples Street and Everhart Road and extending back to within A80' of Windsor Park #4, and containing 13.3 acres. Mayor King read the recommendation of the Zoning & Planning Commission that the Breslau portion of this application be approved subject to the filing of an acceptable plat with the further provision that construction be commenced within one year and substantially completed within two years, and if any portion of this plat is subsequently sold by metes and bounds, it will be considered a violation of the conditions imposed for this zoning; and further.that the portion of the property owned by Mr. Herbert French and Mrs. Maud Smith not be approved pending submission of a development plan, at which time the zoning will be favorably considered under the same conditions as that imposed on the Braslau portion. William A. Anderson, Director of Zoning & Planning, located the properties on the map and pointed out the zoning and use of the surrounding area, the Braslau • Regular Council Meeting November 30, 1960 Page 3 property and the property owned by the French Estate. Joseph Hans, architect, explained the proposed development of the Bras- lau property for a department store and an automotive parts store, and stated that his client was willing to accept the Zoning & Planning Commission's conditions. Roy Caldwell, representing the French Estate, stated the Zoning & Plan- ning Commission's conditions were acceptable to them, since they had no immediate plans for development of their property. No one else appeared to be heard. Motion by Humble, seconded by Pat Dunne and passed that the hearing be closed. Motion by Barnard, seconded by Airheart that the Zoning & Planning Com- mission's recommendation be upheld, that the Breslau portion of the application, being that portion of Lot 18 lying 300 feet from and parallel to the center line of South Staples Street and extending to within 280 feet of the rear lot lines of Windsor Park, Unit 4, Subdivision, be rezoned "8-1" Neighborhood Business District, subject to the filing of an acceptable plat, subject to the conditions that con- struction be commenced within one year and substantially completed within two years, and that if any portion of this plat is subsequently sold by metes and bounds, it will be considered a violation of the conditions imposed for this zoning; and that the French -Smith portion of the property be denied. Commissioner Joe Dunn stated that he would like to look at the properties and study the matter further before voting. Commissioner Airheart asked for the question. On vote, Commissioners Barnard, Airheart, and Pat Dunne voted "Aye"; Commissioner Joe Dunn voted "Nay"; and Commissioners Humble and Lozano abstained; and Mayor King voted "Aye". Mayor King asked Asst City Attorney Pilcher for a ruling on the fore- going action, and Mr. Pilcher stated that it was his opinion that since the action was to uphold the ruling of the Zoning & Planning Commission, the motion had passed by the simple majority affirmative vote. Mayor King announced the Council would hold the public hearing on the • • • Regular Council Meeting November 30, 1960 Page 4 application of Thomas John for a change of zoning from "A-2" Second Apartment House District to "B-1" Neighborhood Business District on Lot 6-A and the N 10' of Lot 7, Block 1, Doddridge Addition, 430 South Tancahua Street, and read the recommendation of the Zoning & Planning Commission that the application be ap- proved subject to those uses as permitted in the proposed "A -B" Professional District of the proposed new Zoning Ordinance, and also subject to a condition that this rezoning be deed restricted that when the naw Zoning Ordinance is adopted, the lot be classified as an "A -B" Professional District. Mr. Anderson located the property on the map, and explained that the Zon- ing & Planning Commission had felt that the use of this property for professional offices should be approved, and that since the new Zoning Ordinance has not been adopted, the approval can be accomplished by rezoning the property "B-1", subject to the applicant's deed restricting the property to the professional use. Thomas John, the applicant, stated that he intended to purchase the pro- perty, to modify and adapt the existing building for his consulting engineering offices and for some apartments in the building with off-street parking provided. No one appeared in opposition to the application. Motion by Airheart, seconded by Barnard and passed that the hearing be closed and that Lot•6-A and the North 10 feet of Lot 7, Block 1, Doddridge Addi- tion, be rezoned from "A-2" Second Apartment House District to "B-1" Neighborhood Business District, subject to the filing of deed restrictions limiting the use of this property to a professional office building. Mayor King announced the Council would hear the City Manager's Reports. Motion by Barnard, seconded by Pat Dunne and passed that the City Manager's recommendations and requests be approved and granted as follows: a. That the award of a contract for construction of Westside Sewer Laterals, Section 1, Unit V, be made to T. H. Lee in the amount of $114,025.52, and that $120,050 be appropriated to cover the cost of the construction contract, detail inspections, field engineering and staking, and legal advertising; b. That payment of Estimate #5 be approved for railroad materials and construction by Tex-Mex Railroad during October, 1960, and that $6,235.41 be • • Regular Council Meeting November 30, 1960, Page 5 appropriated to cover this payment; c. That consideration of a 6 months' extension to Harrington B Cortelyou's engineering contract in connection with the Railroad Relocation, be deferred; d. That the award of bid on Special Truck Bodies be made on the basis of low bid meeting specifications as follows: Items 1, 2 and 4, Co Bolan Corp., of Georgia, in the amount of $6,728.41; Item 3, to Truckers Equipment, Inc., in the amount of $824.50; and Item 5, to Pak -Mor Mfg. Co., in the amount of $13,800 less trade-in of $3,000, for a total of $10,800; making a grand total of $18,352.91; (See Bid Tabulation #81 in File); e. That the award of bid on Copper Tubing be made on the basis of low bid meeting specifications to Ajax Supply Co., for 15,000° of 3/4" and 9,000' of 1" Type K Soft Copper Tubing, for a total of $8,271; (See Bid Tabulation #82 in File); f. That Bonham's Food Store #1 be permitted to establish 45 -degree angle parking in lieu of parallel parking on Alameda Street frontage, as recommended by the Traffic Safety Advisory Board as being safer than the present head -in parking; g. That authority to advertise for bids to be received on December 21, 1960, on construction of additional taxi -ways, aprons, service roads and utility line extensions at International Airport, be granted; h. That authority to advertise for bids to be received on December 14, 1960, on various sizes and quantities of Plastic Pipe and Fittings, be granted; and i. That a correction deed to Corpus Christi Yacht Club correcting the description of the property previously conveyed only, be approved. • Regular Council Meeting November 30, 1960 Page 6 Mayor King announced the Council would hold the public hearing scheduled for 3:00 o'clock p.m., on the Ramsey, Horne and Houston Street Improvement Assess- ments. Assistant City Attorney Charles Cartwright advised the Council that ad- justments had been made in the proposed assessments on the following: Item No. 13, Vincent F. Tonnon, from $387.86 to $451.92, due to a differ- ence in the front foot length of the property; Item No. 15, Woodson Lumber Co., Inc., from $1,054.69 to $830.22; Item No. 16, J. C. Sharp, from $1,02$.84 to $694.02; Item No. 17, E. E. Williams, from $1,033.76 to $829.20; Item No. 18, Lotta E. Neal, from $1,049.10 to $765.03; and Item No. 20, H. S. Thompson, from $1,113.93 to $942.56; all because the lots side on Horne Road, and each adjustment was based on depth of lot at right angles to Horne Road. City Engineer Obie Etheridge presented the paving plans and preliminary assessment roll; described the nature, extent and specifications of the Imposed im- provements on Ramsey Street from Arcadia Village Subdivision to Horne Road, on Horne Road from Ramsey Street to Naples Street, and on Houston Street from Ramsey Street to Clark Drive; the cost of construction; the amount to be paid by the City and the amount, before final adjustment, to be assessed against the abutting property owners; the manner in which such pro rata share was computed; and the nature and extent of the proposed improvements to be paid for solely by the City. Harold Carr testified as to his background experience which he felt quali- fied him as a real estate appraiser for all types of properties; that he had person- ally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed the assessment roll and each of the properties to be assessed; and that in his opinion each of the properties so assessed would be enhanc- ed in value at least to the extent of the proposed assessment against each property, with no exceptions. Each of the abutting property owners, or their agents, with the exception of Ray Peterson, Item 14, 19 and 21, appeared to speak in opposition and objection to the proposed improvements and assessments, on the general basis that the proposed im- provements would not enhance the value of their properties since they already had curbs, gutters and passable street roadway in good condition, and that the in4reased flow and speed of traffic that would be encouraged by the widening and repaving of the roadways and the one-way street pattern involved would create an even greater traffic hazard for the safety of the many elementary school age children in the area than they feel already exists. • • Regular Council Meeting November 30, 1960 Page 7 Mr, Carr pointed out that the properties are in what is considered a negative condition due to the condition of the streets and that the proposed improvements and better control of traffic will bring the properties into a more saleable condition. Mrs Etheridge pointed out that although the streets had been built according to street requirements for subdivisions and so accepted by the City, the roadbed and paving requirements do not come up to City requirements for permanent streets, and that the problem of traffic controls was properly a matter for the Traffic Engineering EDepartment, Mayor King directed the City Manager to investigate the speeding traffic problem in this area with particular reference to Ramsey Street, Borne Road and Browner Parkway, referred to by the property owners, and to report back to the Council on the matter. sue Commissioner Barnard stated that/attitude of the property owners at this hearing and at the previous hearings on street improvement assessments which this Council had heard, indicated that the question of whether the City or the abutting property owners ought to be responsible for the cost of such street improvements, might soon have to be decided by the electorate or perhaps even the State Legislature since it is a very controversial question in many other Texas cities as well as in this City. No one else present appeared to be heard. Motion by Airheart, seconded by Barnard and passed that the hearing be closed, and that the City Staff be authorized to prepare the final assessment roll and the ordinance closing the hearing. • • Regular Council Meeting November 30, 1960 Page 8 ORDINANCE NO. 5986 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH T. H. LEE, CONTRACTORS, FOR THE CONSTRUCTION OF SECTION NO. 1 OF UNIT V OF THE WESTSIDE SANITARY SEWER SYSTEM; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $120,050.00, OF WHICH AMOUNT $114,025.52 IS FOR THE CONSTRUCTION CONTRACT; $4,000.00 FOR DETAIL INSPECTIONS BY REAGAN AND McCAUGHAN; $2,000.00 IS FOR FIELD ENGINEERING BY CITY FORCES, $24.48 IS FOR LEGAL ADVERTISING FOR BIDS, ALL APPLICABLE TO PROJECT NO. 250-54-9.5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All members present and voting "Aye". The foregoing ordinance was passed by the following vote: All members present and voting "Aye". ORDINANCE NO. 5987 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AND DELIVER TO THE CORPUS CHRISTI YACHT CLUB A CORRECTION DEED IN LIEU OF THAT CERTAIN DEED DATED AUGUST 24, 1959, RECORDED IN VOLUME 887, PAGE 358, DEED RECORDS OF NUECES COUNTY, TEXAS, A COPY OF SAID CORRECTION DEED BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All members pre- sent and voting "Aye". The foregoing ordinance was passed by the following vote: All members present and voting "Aye". ORDINANCE NO. 5988 AUTHORIZING THE GRANTING OF A FIVE YEAR FRANCHISE TO INLAND TRANSPORT COMPANY TO PROVIDE LIMOUSINE SERVICE TO AND FROM THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND OTHER POINTS IN AND ABOUT THE CITY OF CORPUS CHRISTI, TEXAS, AND FURTHER PROVIDING THAT THE CITY OF CORPUS CHRISTI SHALL RECEIVE 15% OF THE GROSS REVENUE FROM SUCH LIMOUSINE SERVICE OPERATION AND PROVIDING RULES AND REGULATIONS FOR THE PERFORMANCE OF SUCH LIMOUSINE SERVICE. The foregoing ordinance was read for the third time and passed finally by the following vote: All members present and voting "Aye". ORDINANCE NO. 5989 APPROPRIATING FROM NO. 230 BRIDGE BOND FUND THE SUM OF $6,235.41 REPRESENTING COSTS OF RAILROAD MATERIALS AND/OR CONSTRUCTION IN ACCORDANCE WITH THE PRIMARY RAILROAD AGREEMENT PER MONTHLY ESTIMATE NO. 5, PREPARED BY HARRINGTON & CORTELYOU FOR WORK DONE BY THE TEXAS -MEXICAN RAILROAD, THEIR INVOICES NOS. 818, 820, AND 822, PROJECT NO. 230-55-8.7, AS A PART OF THE BRIDGE REMOVAL AND RELOCATION PROJECT; AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All members pre- sent and voting "Aye". Regular Council Meeting November 30, 1960 Page 9 The foregoing ordinance was passed by the following vote All members present and voting "Aye", Commissioner Airheart requested that the minutes reflect that since the ordinance granting Inland Transport Company a franchise to provide limousine ser- vice at the International Airport has just been passed on the third and final read- ing, and since there is no reason to cancel the suit authorized some time ago by the Council to collect the monies already due the City under their previous fran- chise, that the City Legal Department be instructed to proceed at once to collect all monies due the City in connection with this franchise, Mayor King invited anyone in the audience with petitions or information for the Council to come forward and be heard. Warren Spanutius, representing Parkdale Elementary School P.T.A., pre- sented a petition of 219 signatures, requesting the improvement of Everhart Road from Lexington Boulevard to South Staples Street, including widening, paving, curbs and gutters, and eidewalks, to be included in the list of projects covered by the January, 1961, proposed bond election, in the interests of safety, economy and efficiency. (See Petition #21 in File.) Mayor Kiri, stated that the list of much needed improvements was so long that the least urgent items had to be eliminated, that the Council is ready to ap- prove whatever improvements the taxpayers are willing to pay for, and that this petition will certainly be considered in the drafting of the final bond proposal, Bill Darden, attorney for Coastal States Gas Producing Co., stated that they had received a news letter from Rotan Mosle, bond brokerage house with offices in Houston, containing a memorandum of remarks made by Mr, John Wimberly, presi- dent of Houston Natural Gas Corporation, at its annual meeting on November 28, 1960, to the effect that the City Council of Corpus Christi is presently consider- ing proposals for service for which Houston Natural Gas Corporation is the low bidder on a 5 -year basis and second low bidder on a long-term basis; that it is Mr, Wimberly's feeling that the Council will resign rather than award the bid to the low bidder believed to be unable to fulfill the contract; and that in any event 1(bust=n Natural Cas Corporation is shed of a loss situation, and that for the ether portion cf the City served by the-aorapany, the residential cantu er Regular Council Meetriing November 30, 1960 Page 10 rates will go up, and asked if the Council was aware of this memorandum and for a comment on the matter. Mayor King replied that the memorandum has no sign4ficance as far as the Council is concerned, that is not signed, that the Council does not know if it even quotes Mr. Wimberly, that no one is authorized to speak for him, that the Council was not doing business on hearsay or rumor basis and that, therefore, he had no further comment to make in the matter. Commissioner Joe Dunn stated that his comment was only, "flow interesting" Commissioner Humble stated that the memorandum presupposed what he would think, when he hadn't even had any advice from the Council's adVisors in the matter yet. There being no further business to come before the Council, the meeting was adjourned.