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HomeMy WebLinkAboutMinutes City Council - 12/14/1960FIZZED Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING December 14, 1960 2:00 P. M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ellroy King called the meeting to order. The InvocA,tion was given by Reverend M. D. Ross, Pastor of Peary Place Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Pat Dunne, seconded by Barnard and passed that the minutes of the regular meeting of December 7, 1960, be approved. Mayor King announced the opening of bids. Bids were opened and read on 57 items of High Impact PVC Plastic Pipe and Fittings from the following: Brown Supply Co.; C.C. Gasket & Packing Co.; Goldthwaite Texas, Inc.; Gulf Supply Co., Inc.; Kraloy Plastic Pipe Co., Inc.; Maintenance Engineering Corp.; The National Supply Co.; The Rohan Co., Inc.; SAMSCO; Southwestern Plastic Pipe Co.; Tubular Plastics Corp.; McCormick Steel Co.; Valley Pumps, Inc.; and South Texas Lawn Sprinkler Co. Motion by Barnard, 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. Mayor King announced the Council would consider taking action on several pending items. Assistant City Attorney Wayland Pilcher informed the Council that he had received word from Mrs. F. G. Rednick°s attorney that aa only jaq now getting around on crutches and that if given another 3 days° recess on tf1e earing of her Appeal from the Decision of the Building Stand s-CommissioArtFis was the last postponement she would request due to illness, and recommended that the City Coun- cil grant the additional 30 day recess. Motion by Humble, seconded by Pat Dunne and passed that the Appeal of Mrs. F. G. Rednick from a Decision of the Building Standards Commission regarding • • Regular Council Meeting December 14, 1960 Page #2 the demolition of improvements on property located on hots 207 and 208, Block 9, Beach Hotel, recessed from regular meetings of August 17 and October 12, 1960, be further recessed until January 11, 1961. The next pending item was the application of Paul Koepke for a change of zoning on a tract of land described as Block 78, Brooklyn Addition, from "A-4" to "B-3". Mayor King stated that the Council had yesterday received verification from the applicant and from the prospective tenant indicating interest only in hav- ing the 150° x 150° out of the northwest corner of the Block 78 rezoned to allow the immediate construction of an Humble Oil filling station to serve northbound traffic on Highway 181, and stated that the recommendation of the Zoning & Planning Commission on the original application for rezoning of the entire Block 78 had been for denial. Motion by Humble, seconded by Pat Dunne and passed unanimously that the recommendation of the Zoning & Planning Commission not be upheld, and that the zon- ing on the 150° x 150° at the southeast corner of the intersection of Perry Street and Highway 181, which is the northwest corner of Block 78, Brooklyn Addition, be changed from "A-4" Tourist Court District, to "E-1" Neighborhood Business District. In connection with the pending item of the application of Dave Bergman for a change of zoning on a tract of land described as lots 2, 4, 6, 8, 10 and 12, Block 75, Brooklyn Addition, from "A-4" to "8-1", Mayor King stated that the last official action of the Zoning & Planning Commission was for denial, but that Council had re- ceived information that on December 6, 1960, at a called noon meeting, the Commis- sion recommended that the zoning be changed to "B-3" in conformance with the Corpus Christi Beach Plan as approved at this December 6th meeting, and further thatsince the public hearing before the Council had been on the basis of a "B-1" designation, the Council could change the zoning only to the extent discussed at the public hear- ing. Motion by Barnard, seconded by Pat Dunne and passed unanimously that the zoning on hots 2, 4, 6, 8, 10 and 12, Block 75, Brooklyn Addition, be changed from • Regular Council Meeting December 14, 1960 Page #3 "A-4" Tourist Court District, to "B-1" Neighborhood Business District. Motion by Barnard, seconded by Humble and passed unanimously that a re- solution be passed by the Council commending Solomon Coles High School Football Team and College Academy Football Team for outstanding activity in winning the Tripple A Championship for Colored High Schools and the Championship for Catholic High Schools which has brought noteworthy credit to our community. Mayor King directed that an,appropriate resolution be prepared and for- warded to both Schools. Mayor King announced the Council would hold the public hearing on the establishment and official designation of the eastward extension of Agnes Street from its intersection at King Street to Carancahua Street. City Manager Whitney presented a strip map showing the proposed street right of way, and pointed out the property already acquired from the property owners by the City, and stated that no one had so far interposed any written objections. K. R. Darrah, home owner on Tancahua, objected to the proposed plan on the basis that it would create more dust, more noise, and with the proposed one-way traffic pattern, would make it more difficult for him to get to his residence from the south part of town, and that although he considered there will be no benefit to him, he would be assessed for the ensuing street improvements. Mr. Darrah was informed that the property owners would be assessed only for their share of curbs, gutters and sidewalks, that the City will pay for the drainage, and the State will pay for the paving, and that each abutting property owner will be given the opportunity to be heard in the matter of property benefits at such time as the public hearing on assessments is held. No one else appeared to be heard. Motion by Humble, seconded by Barnard and passed that the hearing be closed, and that an ordinance be prepared establishing and officially designating the extension of Agnes Street from its intersection at King Street to Carancahua Street. Mayor King announced the Council would hear the City Manager's Reports. Motion by Lozano, seconded by Barnard and passed that the recommendations Regular Council Meeting December 14, 1960 Page #4 and requests of the City Manager be approved and granted as follows: a. That the award of contract for Weber Road Improvements be made to South Texas Construction Co., in the amount of $321,615.85, and that funds be ap- propriated in the amount of $241,075 to include construction cost less property owner assessments, legal advertising, adjusting traffic signals, laboratory test- ing and engineering by the City; b. That., in keeping with terms of the Primary Agreement for the Railroad Relocation Project, the award of contract for the construction of a Railroad Scale Pit and Moving and Reinstalling the Existing Scale east of the Interchange Yard, be made to The Goldston Co., subject to approval by the Corps of Engineers, on the basis of low bid, in the amount of $27,510.19, and that funds be appropriated in the amount of $27,532 to include construction cost and legal advertising; c. That payment of Estimates #5 and #6 be made to T. & N. O. Railroad in the amount of $7,302.35 for track materials, ballast and screenings delivered during October, and that the funds be appropriated from #230 Bridge Bond Fund; d. That acceptance and payment of Final Estimate #7 be authorized in the amount of $1,452 to Heldenfels Bros., for work done under Change Order #4, Utilities and Paving, Stage 4, International Airport; e. That a total appropriation be authorized transferring $29,215.07 from various bond funds to reimburse the Engineering Department for Engineering Services on various projects during August, September, October and November, 1960, on work applicable to the various projects; f. That the award be made to Airport Parking Company of Texas on the Airport Parking Lease Franchise at their high bid of a minimum guarantee of $8500 per year; (See Bid Tabulation #85 in File.) g. That the date of December 28, 1960, during the regular meeting, be set for publLc hearing on an application for a change of zoning on Lot 21 and the northeast h of Lot 22, Block 2, Mahan Acres Addition; and h. That the date of January 11, 1961, during the regular meeting, be set for public hearing on two applications for zoning changes. Regular Council Meeting December 14, 1960 Page #5 ORDINANCE NO. 5997 DESIGNATING THAT AREA EXTENDING FROM KING STREET TO CARANCAHUA STREET EXTENDING EASTWARD FROM THE EAST END OF AGNES AT THE INTERSECTION OF KING STREET HEREIN SPE- CIFICALLY DESCRIBED, TO BE USED FOR STREET RIGHT OF WAY FOR THE EASTWARD EXTENSION OF AGNES STREET; 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. 5998 DETERMINING THE NECESSITY FOR AND ORDERING THAT THE PORTION OF AGNES STREET FROM SOUTH STAPLES STREET TO CARANCAHUA STREET AND OF LAREDO STREET FROM SOUTH STAPLES STREET TO TANCAHUA STREET BE IMPROVED; AND REQUIRING A DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID, 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". City Secretary Kring reported to the Council that the Notice of the fore- going action contained in Ordinance No. 5998 had just been filed in the Office of the County Clerk of Nueces County. ORDINANCE NO. 5999 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS° WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF A PORTION OF AGNES STREET FROM SOUTH STAPLES STREET TO CARANCAHUA STREET AND OF LAREDO STREET FROM SOUTH STAPLES STREET TO TANCAHUA STREET, AND THE STATEMENTS OF THE NAMES OF THE APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT FEET OF ABUTTING PROPERTY ON SAID STREETS WITHIN SAID LIMITS; DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF, TO BE PAID BY AND ASSESSED AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PART OF SAID COST APPORTIONED THEM; ORDERING AND SETTING A HEARING TO BE HELD AT 3:00 O'CLOCK P.M., ON THE 4TH DAY OF JANUARY, 1961, IN THE COUNCIL CHAMBERS OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUT- TING PROPERTY AND ALL OTHERS INTERESTED IN SAID PROPERTY OR IN SAID PROCEEDINGS CONCERNING SAID ASSESSMENTS AND PROCEEDINGS; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND FURTHER, DIRECTING SAID CITY SECRETARY IN ADDITION TO THE CONTENTS OF THIS NOTICE OF SAID HEARING AS REQUIRED BY LAW, WHICH SHALL BE VALID AND SUFFICIENT IN ITSELF, TO INCLUDE THEREIN A LIST OF THE APPARENT OWNERS AND DESCRIPTION OF SAID ABUTTING PROPERTY AS SET OUT IN SAID REPORT OF THE DIRECTOR OF PUBLIC WORKS AND PROVIDING THAT SAID LIST OF APPARENT OWNERS SHALL NOT BE Regular Council Meeting December 14, 1960 Page #6 CONCLUSIVE OF SAID OWNERSHIP AND SHALL NOT LIMIT SAID NOTICE TO SUCH OWNERS' NAMES OR THE PROPERTIES DESCRIBED, AND THE SAID NOTICE SHALL NEVERTHELESS BE DIRECTED TO THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, WHETHER NAMED OR CORRECTLY NAMED OR NOT; 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. 6000 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH THE GOLDSTON COMPANY, SUBJECT TO APPROVAL BY THE U. S. ARMY CORPS OF ENGINEERS FOR THE CONSTRUCTION OF A RAILROAD TRACK SCALE PIT, UNIT X OF THE BRIDGE REMOVAL AND RELOCATION PROJECT; APPROPRIATING OUT OF NO. 230 BRIDGE BOND FUND THE SUM OF $27,532000, OF WHICH AMOUNT $27,510.19 IS FOR THE CONSTRUC- TION CONTRACT AND $21.81 IS FOR LEGAL ADVERTISING FOR BIDS, ALL APPLICABLE TO PRO- JECT NO. 230-55-8.12; 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. 6001 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH SOUTH TEXAS CONSTRUCTION COMPANY FOR THE CON- STRUCTION OF WEBER ROAD IMPROVEMENTS; APPROPRIATING THE SUM OF $241,075.00, OF WHICH $197,075 IS FROM NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-56-25, AND $44,000.00 IS FROM NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-53-29, WEBER ROAD STORM SEWER UNIT II, THE COMBINED AMOUNTS REPRESENTING COSTS AS FOLLOWS: CONSTRUCTION OF CITY PORTION OF WORK (AFTER ASSESSMENTS) $231,389.47; LEGAL ADVERTISING FOR BIDS $20.53; ADJUSTING TRAFFIC SIGNALS $865.00; LABORATORY TESTING $4,800.00; ENGINEERING BY CITY FORCES $4,000.00; 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. 6002 RECEIVING AND ACCEPTING THE CONSTRUCTION OF "PAVING AND UTILITIES" STAGE 4, PRO- JECT NO. 245-56-8.1, AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AS PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT WITH THE CITY DATED MARCH 16, 1960, AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 7, A COPY OF WHICH IS ATTACHED THERETO AND MADE A PART HEREOF, DATED DECEMBER 5, 1960, IN THE AMOUNT OF $1452.00 FROM FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. Regular Council Meeting December 14, 1960 Page #7 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. 6003 APPROPRIATING AMOUNTS TO BE PAID TO N0. 102 CURRENT FUND FOR REIMBURSEMENT OF ENGINEERING SERVICES RENDERED BY CITY FORCES DURING AUGUST, SEPTEMBER, OCTOBER AND NOVEMBER, 1960, IN CONNECTION WITH THE VARIOUS PROJECTS OF THE CAPITAL IMPROVEMENT PROGRAM, AS MORE FULLY DESCRIBED HFRFINAFTER; 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. 6004 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $156,665.00 FOR THE ACQUISITION OF 18 PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF TEXAS AND APPLICABLE TO PROJECT N0. 220-56-24, CROSSTOWN EXPRESSWAY, HIGHWAY 286 RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THE STATE; 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 N0. 6005 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, ANY AND ALL AGREEMENTS, CONTRACTS AND/OR FORMS WHICH MAY BE RE- QUIRED BY THE STATE OF TEXAS THROUGH THE TEXAS HIGHWAY DEPARTMENT FOR THE REIMBURSE- MENT TO THE CITY OF ALL COSTS FOR THE RELOCATING, CHANGING, REARRANGING, REPAIRING AND CONSTRUCTION OR REMOVAL OF THE FIRE ALARM SYSTEM OWNED BY THE CITY OF CORPUS CHRISTI, WHICH IS NECESSITATED BY THE CONSTRUCTION OF INTERSTATE HIGHWAY N0. 37 BY THE STATE OF TEXAS; 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". • Regular Council Meeting December 14, 1960 Page #8 ORDINANCE NO. 6006 APPROPRIATING $45,000 FROM THE HOSPITAL BOND FUND NO. 214 TO THE BOARD OF TRUSTEES AT MEMORIAL HOSPITAL FOR THE PAYMENT OF $22,500 REPRESENTING THE CITY'S SHARE AND THE PAYMENT OF $22,500 REPRESENTING AN ADVANCE OF THE FEDERAL GOVERNMENT'S SHARE OF A TOTAL OF $45,000 FOR ARCHITECTURAL SERVICES AND X-RAY EQUIPMENT; AND DECLAR- ING 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. 6007 APPROPRIATING FROM NO. 230 BRIDGE BOND FUND THE SUM OF $7,302.35 REPRESENTING COSTS OF RAILROAD MATERIALS FURNISHED BY T & N. O. RAILROAD PER THEIR ESTIMATES NOS. 5 AND 6 DATED DECEMBER 12, 1960, PREPARED BY HARRINGTON & CORTELYOU IN PAYMENT OF T & N. 0. RAILROAD COMPANY INVOICES B86267 AND B86909 APPLICABLE RESPECTIVELY TO PROJECTS NOS. 230-55-8.1 AND 8.11; 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". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH AIRPORT PARKING COMPANY OF TEXAS WHEREBY THE SAID AIRPORT PARKING COMPANY OF TEXAS IS GRANTED THE RIGHT TO OPERATE THE PUBLIC PARKING FACILITIES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY DESCRIBED IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: All members present and voting "Aye". Mayor King invited anyone in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Simon Grossman appeared in regard to the conditions under which his prop- erty at South Staples and Carmel Parkway was rezoned, presented the plat complying with the conditions and copies of the verifications of the leases from W. T. Grant in Dallas, and E. Biel Grocery Co., and requested a 6 -month extension of the time limitation from January 27, 1961, for construction. Jim Naismith, engineer for the development, stated that the contract for the screening and wall had been let and that construction of the development would begin almost immediately, but that more time was needed for completion. • • Regular Council Meeting December 14, 1960 Page #9 Motion by Barnard, seconded by Humble and passed that Simon Grossman be granted a 6 -month extension of beginning construction time from January 27, 1961, on his development of his property at South Staples and Carmel Parkway, but not to exceed 12 months from the original date of the granting of the application. Jack Davis, of the Corpus Christi Beach Civic Improvement Association, objected to not being allowed to present his information earlier in the meeting be- fore the Council took action on the rezoning of property on Corpus Christi Beach, and objected to the rezoning which had just been granted on the basis that the Corpus Christi Beach Plan as approved this past week by the Zoning F. Planning Commission does not show this area to be suitable for business. Mayor King informed Mr. Davis that the procedure had been perfectly legal and proper since the public hearing on the matter had been held and closed, that the Council had rezoned only a 150' x 150' portion of the original application, and that although the Council was aware that the Beach Plan to which Mr. Davis referred had been approved this week by the Zoning & Planning Commission, the Council had not yet considered or adopted the Plan. Harold Anderson appeared and stated that a citation had been filed against him by the City in regard to his pit at Lexington and Weber Road, and that in order to settle the suit out of Court, he and his wife had decided to dedicate this land to the City without cost. City Attorney Singer informed the Council that the land which Mr. Anderson desires to dedicate to the City does not include the area involved in the suit, but only the hole which is below the surrounding surface of the land. Public Works Director Jack Graham informed the Council that he has recent- ly spent untold hours with Mr. Anderson trying to work out something he could re- commend to the Council for acceptance, that the City Legal Staff had twice this week prepared instruments to accomplish Mr. Anderson's purpose and each time he had changed his mind about the details and had not signed the instrument. Mayor King informed Mr. Anderson that until he submitted some form of written instrument or commitment in writing, there was nothing for the Council to discuss, and suggested that he tell Mr. Graham and Mr. Singer exactly what he wanted • Regular Council Meeting December 14, 1960 Page #10 to dedicate, and they would draw up the proper instruments to accomplish what he wanted, and then the Council would be in a position to consider the matter. There being no further business to come before the Council, the meeting was adjourned.