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HomeMy WebLinkAboutMinutes City Council - 04/12/1961REGULAR COUNCIL MEETING April 12, 1961 2:00 P.M. PRESENT: Mayor Pro -Tem Tom R. Swantner Commissioners: Dr. James L. Barrprd M. P. Maldonado Jim Young City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro -Tem Tan R. Swantner called the meeting to order. The Invocation was given by Reverend Hap Lyda, Associate Minister at First Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Maldonado and passed that the absence of Mayor Ben F. McDonald., Commissioners J. R. de Leon and W. J. Roberts be ex- cused, as they are out of the City on City business. Motion by Maldonado, seconded by Barnard and passed that the minutes of the regular meeting of April 5, 1961, be approved. Mayor Pro -Tem Swantner announced the public hearing on the applica- tion of Buccaneer Days Commission for a Special Council Permit to hold Buccan- eer Days celebration from April 27 through May 7, 1961, on the area between the Coliseum and Park Avenue. City Manager Whitney described the area involved in the application; pointed out that no one had appeared in opposition to the application at the public hearing held by the Zoning & Planning Commission, and that the commis- sion had recommended that the application be approved subject to the same con- ditions imposed in prior years, which conditions he stated; and recommended that the application be granted. Mr. Jack Estes appeared with 5 members of the Buccaneer Days Commis- sion in support of the application, and stated in reply to a question of the City Manager, that all of the conditions imposed in prior years as stated by the City Manager were acceptable and satisfactory to the Commission. No one appeared in opposition to the application. Motion by Barnard, seconded by Maldonado and passed that the hearing be closed, and the application be granted subject to the following conditions: 1. Health - Applicaat must comply with a. An easily accessible adequate safe supply of water. b. Conveniently located toilet facilities. Regular Council Meeting April 12, 1961 Page 2 c. rood establishments connected with the circus selling food to the public shall comply with the same regulations re- quired by the City Ordinance retulating this type of busi- ness. 2. Fire - a. Furnish certificate that tents have been flameproofed, also name of flameproofing Company and date. b. Safe electrical installations and connections. c. Seats properly and securely arranged. d. Enforcement of "No Smoking" during performances. 3. Police Applicant shall comply with all regulatory ordinances of the City and shall not permit a. Gambling. b. Showing of lewd shows of any kind. 4. Public Works - Applicant shall see that the mechanical installations at the show, including plumbing and wiring, the location of the structures themselves must be in compliance with the minimum requirements of the City Ordinance applicable to such build- ings or occupancies and that before the show or shows are Opened to the public, the management will obtain from the Inspection Section of the Department of Public Works a Certif- icate of Occupancy for such show. 5. General - Applicant must comply with the City's requirement of suffi- cient bond to insure the removal of all debris from the loca- tion at the conclusion of its operation. Mayor Pro -Tem Swantner commended the Buccaneer Days Commission on its untiring efforts on behalf of the City. Mayor Pro -Tem Swantner announced the next order of business was the Appointments to Committees and Commissions. Motion by Barnard, seconded by Young and passed that the following be appointed as the Charter Amendment Advisory Commission: Binford Arney, Alien Wood, Jas. C. Watson, S. Eldon Dyer, Wm. D. Bonilla, Mrs. Roger D. Stephenson, Starr Pope, Jr., and Allan Mote. Mayor Pro -Tem Swantner called the the City Manager's Reports. Motion by Barnard, seconded by Maldonado and passed that the recom- mendations and requests of the City Manager be approved and granted, as follows: a. That acceptance and final payment in the amount of $64,256.31 to Heldenfels Brothers for construction of .Ramsey Street Improvements from Brawner Parkway to Horne Road, and appropriation of additional funds in the amount of $5,113.76, be approved; b. That appropriation in the amount of $35,025.00 additional funds needed in connection with the Widening of Morgan Street from 44 feet to 60 feet, be approved; Regular Council Meeting April 12, 1961 Page 3 c. That the Tax Error & Correction List for March, 1961, be approved; d. That authority to advertise for bids to be received on April 26, 1961, on 6,000 lbs. Bermuda Grass Seed, be granted; e. That authority to advertise for bids to be received on April 26, 1961, on 500' of 12", and 650' of 15" Reinforced Concrete Pipe, be granted; f. That approval of specifications and authority to advertise for bids to be received on April 26, 1961, on an estimated 3 months' supply of Fuel Requirements, consisting of Regular Gasoline, Premium Gasoline, Kero- sene, and Diesel Fuel, be granted. City Manager Whitney reported that relative to the first reading of an ordinance regarding a proposed lease agreement between the City and Philip A. Schraub, covering a commercial hangar and fixed base aviation lease plot on the new airport, tentatively approved for this week's agenda, that he had this morning received a letter from Bernard Schrader on behalf of Coastal States Aviation Co. desiring to activate their previous request for space at the airport which coincides in part with Mr. Schraub's request. Re explained that previous negotiations with Coastal States Aviation Co. had progressed past the second reading of an ordinance authorizing the lease, but that before the third and final reading of the ordinance, disagreement be- tween the Council and the lessee had arisen regarding some of the terms of the lease, and a letter had been received from Bernard Schrader on behalf of Coastal States Aviation Co. withdrawing their request. Judge Schraub stated that at the time he made application for space and discussed the matter with the Council at their work session, it was his understanding that this particul., area was not under pending consideration; that he had understood that Coastal States' application had been withdrawn; that the area he vas requesting was for a distance of 400' from that of Gulf Coast's operation area, plus taking 120' on which he could never build due to the water line, plus offering to pay for paving the ramp without asking recom- pense from the City; that it was his opinion that legally the proposal of Coastal States was terminated by Mr. Schrader's letter of withdrawal; that he was ready to start construction with financing and construction contracts Regular Council Meeting April 12, 1961 Page 4 to be signed this week, all on the basis of this particular location; and that if the City grants his lease, there will still be 580' of ramp space uninter- rupted by any water line if Coastal States desires to use it. Judge Schraub stated further that his application had been actually made during the mora- torium period of the previous Council's administration and had waited for the new Council's consideration; and that he considered in all fairness since he has applied for this area in good faith, since he believed this area was not under any commitment by reason of the written and oral with- drawal of Coastal States request, that his application should be given favorable consideration, since to do otherwise would amount to allowing any City property for lease to be held under option for an indefinite per- iod. Bernard Schrader, speaking on behalf of Coastal States Aviation, stated that 4 or 5 months were spent working out the layout and space needs of Coastal States with the Airport Manager and the Advisory Board; that the stalemate had had nothing to do with the layout or space needs, but with 2 relatively minor points in the final drafting of the lease; that Coastal States was not attempting to defeat Judge Scbraub's plans for locating on the new airport and in fact welcomed all possible use of airport space; that Coastal States did not object to the first reading of the ordinance with regard to Judge Schraub's lease; but that Coastal States was request- ing that they be given an opportunity to meet with the Airport Manager and the Airport Advisory Board to arrange a workable layout to accommodate both operations with everyone involved cooperating to this end. Commissioner Barnard stated that the leases at the airport were designed to be as attractive as possible to increase use of and activity at the new airport, that there was plenty of room at the airport, and that Mr. Sehrader's request for all parties to meet with the Airport Manager and Advisory Board to work out leases advantageous to both companies seemed reasonable to him. Motion by Barnard, seconded by Maldonado and passed that the In- dustrial & Airport Board and the Airport Manager be requested to work with these "applicants" to try to work out a satisfactory arrangement. Regular Council Meeting April 12, 1961 Page 5 ORDINANCE NO. 6112 RECEIVING AND ACCLI^TING THE CONSTRUCTION OF RAMSEY STREET IMPROVEMENTS, PROJECT NO. 220-59-35, PERFORMED BY HELDENFELS BROTHERS, UNDER THEIR CONTRACT WITH THE CITY DATED OCTOBER 13, 1960, AS AUTHORIZED BY ORDINANCE NO. 5919; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 2, DATED APRIL 4, 1961, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, IN THE AMOUNT OF $64,256.31, SAID PAY- MENT TO BE MADE FROM REMAINING FUNDS PREVIOUSLY APPROPRIATED IN, THE AMOUNT OF $59,142.55, IN ADDITION TO THE SUM OF $5,113.76, WHICH SUM IS HEREBY APPROPRI- ATED FROM UNALLOCATED N0. 220 STREET BOND FUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All Council members present voting "lye", with Mayor Ben F. McDonald and Commissioners J. R. de Leon and W. J. Roberts being absent. The foregoing ordinance was passed by the following vote: All Council members present voting "Aye", with Mayor Ben F. McDonald and Commis- sioners J. R. de Leon and W. J. Roberts being absent. ORDINANCE NO. 6113 APPROPRIATING OUT OF N0. 220 STREET BOND CONSTRUCTION FUND THE SUM OF $35,025.64 OF WHICH AMOUNT $22,056.64 IS FOR ADDITIONAL CONSTRUCTION COST, CITY'S PORTION, $3,834.04 IS FOR ACQUISITION OF RIGHT OF WAY E.TttB1t BY DIRECT PURCHASE OR IN LIEU OF ASSESSMENTS INCLUDING TITLE EXPENSE, RECORDING FEES, ETC.; $1,200.00 IS FOR LABORATORY CONTROL, $100.00 IS FOR TESTIMONY BY HAROLD CARR, $34.32 IS FOR LEGAL ADVERTISING AND $7,800.00 IS FOR ENGINEERING EXPENSE, INCLUDING $300.00 FOR ADJUSTMENT OF TRAFFIC SIGNALS, ALL AUGMENTING FONDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 5887, APPLICABLE TO PROJECT NO. 220-53-14.2, MORGAN STREET IMPROVEMENTS, THE WIDENING OF WHICH WAS APPROVED BY THE CITY COUNCIL ON THE 15TH OF MARCH, 1961; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All Council members present voting "Aye", with Mayor Ben F. McDonald and Commissioners J. R. de Leon and W. J. Roberts being absent. The foregoing ordinance was passed by the following vote: All Council members present voting "Aye", with Mayor Ben F. McDonald and Commis- sioners J. R. de Leon and W. J. Roberts being absent. ORDINANCE N0. 6114 AMENDING THE ZONING ORDINANCE OF TEE CITY OF CORPUS CHRISTI ADONTED ON THE 271% DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME,9, PAGES 565, ET SEQ OF T±Lb ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULAR- LY 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 LOTS 24 AND 25, BLOCK 6, KOOLStIm ADDITION, AN ADDITION OF THE CITY OF CORPUS CHRISTI, TEXAS, FROM "R -1B" ONE FAMILY DWFMTING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, AND CHANGING THE ZONING OF THE EAST, 46.333 FEET OF LOTS 10 AND 11, BLOCK 1, BOOTY AND ALLEN ADDITION, AN ADDITION OF THE CITY OF CORPUS CHRISTI, TEXAS, FROM "A-2" SECOND APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; KEEP- ING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: A11 Council members present voting "Aye", with Mayor Ben F. McDonald and Commissioners J. R. de Leon and W. J. Roberts being absent. Regular Council Meeting April 12, 1961 Page 6 The foregoing ordinance was passed by the following vote; All Council members present voting "Aye", with Mayor Ben F. McDonald and Commis- sioners J. R. de Leon and W. J. Roberts being absent. RESOLUTION NO. 6115 SETTING FORTH 'flit NATURE OF THE PUBLIC INTEREST IN HOUSE BILL 671 AND URGING THE REPRESENTATIVES AND SENATOR FROM NUECES COUNTY, TEXAS, TO EXPEDITE THE PASSAGE OF SAID HOUSE BILL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote; All Council members present voting "Aye", with Mayor Ben F. McDonald and Commissioners J. R. de Leon and W. J. Roberts being absent. The foregoing resolution was passed by the following vote• All Council members present voting "Aye", with Mayor Ben F. McDonald and Commis- sioners J. R. de Leon and W. J. Roberts being absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT AND APPROVE AN ASSISGMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND PHILIP A. SCHRAUB, DBA INTERNATIONAL AVIATION, COVERING A COMMERCIAL HANGAR AND PD D, -BASE AVIATION LEASE PLOT ON THE NEW MUNICIPAL AIRPORT, WHICB PLOT IS AN AREA kO0' x 350' ADJOINING AND NORTHWEST OF AN AREA 750' x 350' FACING 750' ON TAXIWAY "P" WHICH 750' x 350' AREA HAS ITS SOUTHERN CORNER AT A POINT WHICH IS THE EASTERN CORNER OF THE INTERSECTION OF TAXIWAY "P" AND TAXIWAY "Q" AND WHICH LEASE PLOT ALSO INCLUDES AN OPTION AREA OF 200' x 350', A COPY OF SAID ASSIGNMENT AGREEMENT BEING 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 Council members present voting "Aye", with Mayor Ben F. McDonald and Commissioners J. R. de Leon and W. J. Roberts being absent. Mayor Pro -Tem Swantner requested City Secretary Kring to read aloud the text of Resolution No. 6115, just passed and approved by the Council. This was done. Mayor Pro -Tem Swantner 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. No one appeared. Motion by Barnard., seconded by Young and passed that the meeting be adjourned.