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HomeMy WebLinkAboutMinutes City Council - 01/11/1961PRESENT: Mayor F.1 l roy King Commissioners: Dr. James L, Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. REGULAR COUNCIL MEETING January 11, 1961 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 Invocation was given by Reverend C. B. Bryant, of the Methodist Episcopal Church. City Secretary T. Ray Kring called the roll of those in attendance. Approval of the minutes of the regular meeting of January 4, 1961, was deferred until the Council has an opportunity to read them. Mayor King announced the opening of bids. Bids were opened and read on the construction of Section 2, Westside Sewers, Unit V, from the following: Bur -Tex Constructors; W. R. Cook Aircondition- ing Co.; K. F. Hunt; C. R. Rowe Construction; Heldenfels Brothers; T. H. Lee. Motion by Humble, 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 7,000 bags Portland Cement, Type III, from the following: Armstrong Lumber Co.; C. C. Brick & Lumber Co.; Gulf Materials Co.; Kaffie Lumber & Bulk Barites; South Texas Materials Co.; Zaraky Lumber Co. 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 various quantities and sizes of Fire Hose from the following: Blaze Guard Mfg. Co.; Eureka Fire Hose; Loreyss Fire Pro- tection Service; Norvell-Wilder Supply; Alamo Iron Works; General Fire Extinquiah- er Co. Motion by Humble, seconded by Pat Dunne and passed that the foregoing bide be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. • Regular Council Meeting January 11, 1961 Page 2 Bids were opened and read on 10 items of Mowing Equipment from the following: E. L. Caldwell & Sons, Inc.; Catto & Putty; Currie Seed Co.; Garden Equipment Sales; Goldthwaite's; Gravely Tractors; Valley Pumps, Inc.; Watson Cushman Motors of Texas, Inc. Motion by Humble, 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 Appeal of Mrs. F. G. Rednick from a Decision of the Building Standards Commission. William B. Mobley, Jr., attorney for Mrs. Rednick, requested that the hearing be again recessed, since his client is only just getting around on crutches and is still unable to appear in her own behalf. Assistant City Attorney Wayland Pilcher asked that the hearing be held since the City's witnesses were present, the hearing had been recessed several times at the request of the applicant, and since her attorney was present to represent her interests. Motion by Joe Dunn that the hearing be held, but that decision be de- ferred until the Council could hear Mrs. Rednick. After a short discussion, Mr. Mobley and Mr. Pilcher agreed that it would be satisfactory to both sides for the hearing to be recessed once more, at which time Mrs. Rednick's deposition could be heard if she is still unable to attend in person. Commissioner Joe Dunn withdrew his motion. Motion by Pat Dunne, seconded by Airheart and passed that the hearing be further recessed for 3 weeks, to the regular meeting of February 1, 1961. City Secretary Kring reported to the Council that the applicant, George Taylor, who is requesting a change of zoning on a tract of land out of Lots 453q 14, Section 18, Flour Bluff & Encinal Farm & Garden Tracts, from "R-1" to "B-1", on which public hearing was deferred till today, has requested that the hearing be indefinitely postponed since he has not yet been able to formulate definite plans for development. • • Regular Council Meeting January 11, 1961 Page 3 Motion by Humble, seconded by Pat Dunne and passed that the public hearing on the application of George Taylor for a change of zoning on a tract of land out of Lots 13 & 14, Section 18, Flour Bluff & Encinal Farm & Garden Tracts, from "R-1" to "B-1", be deferred indefinitely. Mayor King announced the Council would hold the public hearing on the application of Fedel Fernandez and others for a change of zoning on Lots 12, 13, 14 & 15, Block 1, Wiess(1dditio P A-3" to/B-1", and read the recommendation of the Zoning & 's=, o ommissnife keiial on the basis that it would cause additional tr: '` c congestiontn)an)slr eady congested street, there is no public need in the area for an additional grocery store, and the applicant has not proposed any off-street parking. William Anderson, Director of Zoning & Planning, located the prop- erty on the land use map as being on 19th Street south of Coleman off the end of Ruth Street, and stated that the property is proposed to be used for a grocery store, that it is a very congested area, that there are 4 grocery stores in the immediate area, that a petition of 38 signatures had been received in favor of the application, and that there were 8 written returns to the Commission for the zoning change and 2 against. Raul Vann represented the applicant and stated that Mr. Fernandez has Served that community as groceryman for the past 20 years; that the request is in the public interest because he knows the kind of groceries they need and buy and has often extended credit to many of the needy families in the area; that his operation will not add to a traffic problem, since he already serves the 400 or 500 families in the Wiggins Rousing Project and since most of his customers are within walking distance of his store site, and that the School located in the area slows the vehiaulsr traffic to 15 miles en hour, and the light at the corner helps his pedestrian customers to cross the street safely; that he is being evicted from his present store on the corner because the owner is bringing his son-in-law and daughter back to the State and letting them have the store; and further, that Mr. Fernandez knows no other business except the grocery business to support his large family. Lee Scott spoke in favor of the application on the basis that the new crosstown highway on which construction is starting within the year will eliminate • Regular Council Meeting January 11, 1961 Page 4 the traffic hazard objected to by the Zoning & Planning Commission. D. E. Benevedez, brother-in-law of the applicant, spoke in favor of the application. No one appeared in opposition to the application. Motion by Joe Dunn, seconded by Pat Dunne and passed that the hearing be closed. Mayor King announced the Council would hold the public hearing on the application of Aycock Oil Co. for a change of zoning on Lots 2, 4, 6, 8, 10 & 12, Block 74, Brooklyn Addition, from "A-4" to "B-1", and read the recommendation of the Zoning & Planning Commission that the property be changed to "B-3" Business District in conformance to the Corpus Christi Beach Plan as approved by the Commission at the December 6, 1960, meeting, contingent upon approval of the Corpus Christi Beach Plan by the City Council, and stated that since the Council has not yet held a public hearing or taken any action regarding the Beach Plan referred to, the Council can only consider a change to "B-1" or less, as published in the legal notice. Mr. Anderson located the property on the land use map as being at the intersection of Walldue Street and Highway 181. Commissioner Joe Dunn asked Mr. Anderson if a proposed over -pass is located there, wouldn't it be necessary to procure this property to carry out that commitment, and Mr. Anderson answered that he hasn't seen the construction plans, but that usually they do widen in order to get the slopes, but that it de- pends upon the way the exits and entrances are designed whether or not they need to widen. No one appeared in opposition to the application. Ted Anderson, attorney, represented the applicant, and stated that Aycock Oil Co. has plans ready for construction of a very nice looking filling station at the location. Motion by Humble, seconded by Pat Dunne and passed that the hearing be closed, and that the change of zoning be granted from "A-4" to "B-1". Mayor King announced the Council would hear the City Manager's Reports. Motion by Airheart, seconded by Pat Dunne and passed that the City Manager's recommendations and requests be adopted as read, as follows 1 Regular Council Meeting January 11, 1961 Page 5 a. That the plans and specifications for Chandler Lane Street Improve- ments between Santa Fe and Denver, be approved, and authority to advertise for bids to be received on January 25, 1961, be granted; b. That the plans and specifications for Clifford Street and South Staples Street Intersection Improvements be approved, and authority to advertise forbids to be received on January 25, 1961, be granted; c. That the plans and specifications for Relocating Sanitary Sewer Lines in the Proposed Interstate Highway 37 Right -of -Way, be approved, and authority to advertise for bids to be received on January 25, 1961, be granted; d. That appropriations totalling $2,250.01 be made for various Street Improvement Projects covering expenses already incurred for advertising and expert testimony in connection with Agnes -Laredo Street Extension and Morgan Street Im- provements and anticipated expense on Weber Road Improvements; e. That the award of bid on an estimated 12 -months' supply of Heavy - Duty Industrial Type Flashlight Batteries, Size "D", be made to San Antonio Machine & Supply Co. at their bid price of $0.1105 per unit; (See Bid Tabulation #1 in File) f. That the award of the one bid received on a Gaslifter Digester Cir- culatorMixer be made to Walker Process Equipment, Inc. for $11,125.00; (See Bid Tabulation #2 in File) g. That authority to advertise for bids to be received on January 25, 1961, on 33 items of various sizes of Tires and Tubes for City Vehicles, be granted; h. That authority to advertise for bide to be received on January 25, 1961, on 31 items of Equipment and Materials for Collier Park Swimming Pool, be granted; i. That authority to advertise for bids to be received on January 25, 1961, on an estimated 12 -months' supply of Wiping Rags, be granted; J. That the Tax Error & Correction List for December, 1960, be approved; k. That authority be granted to refund Mr. Paul Snyder the sum of $49.90, due to erroneouls assessment against his property on Baldwin Street, in Block 1, Coronado Addition. • Regular Council Meeting January 11, 1961 Page 6 ORDINANCE NO. 6030 DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF WEBER ROAD FROM THE SOUTHWESTERLY BOUNDARY LINE OF SOUTH STAPLE, STREET TO THE NORTHEASTERLY BOUNDARY LINE OF LEXINGTON BOULEVARD AND GOLLIHAR ROAD FROM 120 FEET SOUTHEAST TO 120 FEET NORTHWEST OF WEBER ROAD BE IMPROVED; AND REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED IlMFROVEENTS; RE- QUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY OF Tu. ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council mem- bers present and voting "Aye". The foregoing ordinance was members present and voting "Aye". City Secretary Kring reported to the Council that the Notice of the Action contained in the foregoing ordinance had just been filed in the Office of the County Clerk. passed by the following vote: Ail Council ORDINANCE N0. 6031 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS, WRITTEN STATEMENT AND RE- PORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF A PORTION OF WEBER ROAD FROM THE SOUTHWESTENLY BOUNDARY LINE OF SOUTH STAPLES STREET TO THE NORTHEASTERLY BOUNDARY LINE OF LEXINGTON BOULEVARD AND GOLLIHAR ROAD FROM 120 FEET SOUTHEAST TO 120 FEET NORTHWEST OF WEBER ROAD, AND THE STATEMENTS OF THE NAMES OW 'MP APPARENT OWNERS, DESCRIPTIONS AND NUMBER OF FRONT 1r1"h'.0 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 THERE- OF 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 25TH DAY OF JANUARY, 1961, IN IH8 COUNCIL CHAMBERS OF THE CITY HALL IN CORPUS CHRISTI AS THE TIME AND PLACE FOR HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING 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 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 TOM 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 Council mem- bers present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". • Regular Council Meeting January 11, 1961 Page 7 ORDINANCE NO. 6032 ORDERING THE POLLING OF TRE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI ON JAHAURY 28, 1961, COQ THEIR DES/RES REGARDING CLIFF MAUS AIRPORT SITE; ARD,RING AN EMERGENCY. The Charter rule_was suspended by the. following vote: All Council mem- bers present and voting "Aye". The foregoing ordinance vas passed by the following vote: 411 Council members present and voting "Aye". THE STATE OF TEYA6 COUNTY 01 NUECES CITY 01 CORPUS ON RISTI On this the 11th day of January, 1961, the City Council of the City of Corpus Christi, Tease, convened in Regular Meeting, with the tolloViag members of said Council present, to -vitt RIlroy Dr. JamesXing L. Mayor, Mrs. Ray Airheart, Joseph 8. Duane, Patrick J. Dunn., i Coen:issioners, R. A. Humble, Cabe L. Lozano, Sr., T. Ray 'Kilns, City Beoretary, with the following absents NQAe _ , constituting a quorum, at which time the following among other business was transaotedt Mr. Ellroy King, Mayor, presented for the consideration of the Council an ordinance. The ordinance was read by the City Secretary. The Mayor presented to the Council a oom¢unication in writing pertaining to said proposed ordinance, as follows: "Corpus Christi, Texas, January 11, 1961. TO TSE Circ CouiauL,, Corpus Chripti, Texas. Gentlemen: The publio importance and pressing need for the permanent improvements to be constructed by use of the prooeeds or the bonds contemplated to be voted pursuant to said ordinance create an emergency and an imperative public necessity requiring the suspension of rules and Charter provisions requiring ordinanoas to be considered and voted upon at three regular meetings. I, therefore, request that the City Council peso the proposed ordinance calling an election for the issuanoe of said bonds as an energeney measure. You will please oodsider this re - guest in oonneotion with the ordinance which has been introduced in the City Council on this subject. Yours very. truly, /1/ =ROY IMO Elroy Xing, ' Caeissioner Haxmard made a motion that the Charter provision prohibit- ing ordinances frac being passed finally on the date introduced be suspended for the reasons stated in the written request of the Mayo and stated is the emtergenoy clause of the ordinance. The motion vas seconded by Commissioner Rumble. The motion Regular Council Meeting January 11, 1961 Page 8 was carried by the following vote: AYES: Commissioners Barnard, Airheart, Dunn, Dunne, Humble and Lozano. NOES: None. The Mayor requested that the records shoe that he voted Aye. This vas done. Commissioner Dunn made a motion that the ordinance be passed finally The motion vas seconded by Commissioner Lozano. The motion vas carried by the following vote: done. AYES: Commissioners Barnard, Airheart, Dunn, Dunne, Humble and Lozano. NOES:. None. The Mayor requested that the records show that he voted Aye. This vas The Mayor announced that the ordinance had been passed. The ordinance is as Follows: ORDINANCE NO. 6033 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF TAP FOLLOWING BONDS: $1,360,000.00 WESTSIDE SEWER SYSTEM IMPROVEMENT BONDS; $3,305,000.00 SOUTH STAPLER AND Oso SEWER SYSTEM IMPROVE- MENT BONDS; $1,720,000.00 STORM SEWER BONDS; $195,000;00 LIBRARY BONDS AND $775,000.00 STREET IMPROVEMENT BONDS, AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council mem- bers present and voting "Aye". The foregoing ordinance was passed by the following vote; All Council members present and voting "Aye". ORDINANCE NO. 6034 APPROPRIATING THE SUM OF $57.50 FROM NO. 230 BRIDGE BOND FUND IN PAYMENT OF GLASSON AERIAL PHOTOGRAPHY INVOICE FOR SERVICES RENDERED IN CONNECTION WITH CORN PRODUCTS ROAD CONSTRUCTION, PROJECT NO. 230-55-9.60; APPROPRIATING THE FOLLOWING SUMS FROM NO. 220 STREET FUND: $2,192.51 FOR EXPENSES INCURRED OR TO BE INCURRED, OF WHICH AMOUNT $742.51 IS FOR LEGAL ADVERTISING OF ASSESSMENT ROLL AND $150.00 IS FOR EXPERT TESTIMONY BY HAROLD CARR, ALL APPLICABLE TO PROJECT N0. 220-53-6.2, AGNES-LAREDO STREET EXTENSION; $100.00, FOR EXPERT TESTIMONY BY F. F. QUAILS, APPLICABLE TO MORGAN STREET IM ROV24ENTS, PROJECT N0. 220-59-34; $1,200.00, FOR PROPOSED LEGAL ADVERTISING AND EXPERT TESTIMONY, APPLICABLE TO WEBER ROAD IMPROVE- MENTS, PROJECT NO. 220-56-25; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council mem- bers present and voting "Aye". The foregoing ordinance was passed by the following vote: A11 Council members present and voting "Aye". ORDINANCE NO. 6035 AUTHORIZING AND DIRECTING int. CITY MANAGER, FOR AND ON BEHALF OF THEP.= OF CORPUS CHRISTI, TO EXECUTE A SPI SETTLFNMET AGREEMENT WITH MR. PAUL SNYDER FORMS CLAIM AGAINST THE CITY OF CORPUS CHRISTI, RESULTING FROM AN ERRONEOUS PAVING ASSESSMENT AGAINST HIS PROPERTY IN BLOCK ONE, CORONADO ADDITION; AND DECLARING AN EMERGENCY. • Regular Council Meeting January 11, 1961 Page 9 • The Charter rule was suspended by the following vote: All Council mem- bers present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE N0. 6036 CLOSING THE HEARING GIVENTO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON RAMSEY STREET FROM ARCADIA VILLAGE SUBDIVISION TO HORNE ROAD, HORNE ROAD FROM RAMSEY STREET TO NAPLES STREET. AND HOUSTON STREET FROM RAMSEY STREET TO CLARK DRIVE AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THF PROCEEDINGS OF CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJEf,- TIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED WILL BE SPECIAL- LY BENEFjmv AND ENHANCED IN VALUE IN EXCESS OF T11 AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON PORTIONS OF RAMSEY STREET, HORNE ROAD AND HOUSTON STREET, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREETS, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREETS AND THE REAL AND TRUE OWNER OR OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PROVIDING THE MAN- NER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES, AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following vote: All Council mem- bers present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". No one appeared in answer to Mayor King*s invitation to anyone with petitions or information for the Council to come forward and be heard. There being no further business to come before the Council, the meeting was adjourned.