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HomeMy WebLinkAboutMinutes City Council - 04/19/1961PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James R. Barnard J. R. de Leon M. P. Maldonado W. J. Roberta Jim Young REGULAR COUNCIL MEETING April 19, 1961 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 A. Arnott Ward, Assistant Pastor, First Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the minutes of the regular meeting of April 12, 1961, be approved. Mayor McDonald nominated Professor J. W. Agee, Associate Professor of Government at Del Mar College, for membership on the Charter Amendment Advisory Commission. Motion by de Leon, seconded by Swantner and passed that Professor J. W. Agee be appointed a member of the Charter Amendment Advisory Commission. Mayor McDonald introduced Mr. H. C. Kenyon, Principal of Solomon Coles High School, Mr. James Hillyer, Coach of the Track Team, and Roy Hicks, to each of the Council members and asked City Manager Whitney to read a prepared resolution commending and congratulating Roy Hicks, together with his coaches, his principal and his parents, on his outstanding feat and exhibition of athletic prowess in exceeding the national scholastic high jump record with a jump of 6 feet 10 inches on April 14, 1961, thereby bringing national prominence to himself and his City, and wishing Roy Hicks continuing success in his athletic achievements and even more success in his continuing educational career. RESOLUTION NO. 6116 WHEREAS, Roy Hicks of Solomon Coles High School did, on April 14, 1961, exceed the national scholastic high jump record with a jump of 6 feet, 10 inches and; WHEREAS, this outstanding feat and exhibition of athletic prowess brings credit upon himself, his coaches, instructors, principals and upon the Corpus Christi • Regular Council Meeting April 19, 1961 Page #2 Independent School District, and especially upon the City of Corpus Christi, and; WHEREAS, the City of Corpus Christi is proud of Roy Hicks for this achieve- ment bringing national prominence to himself and his city and; WHEREAS, the City Council in regular assembly desires to commend and con- gratulate the said Roy Hicks: NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Corpus Christi that Roy Hicks, together with his coaches, his principal and his parents be, and they are hereby, commended and congratulated. The City Council wishes Roy Hicks continuing success in his athletic achievements and even more success in his con- tinuing educational career. UNANIMOUSLY PASSED This 19th day of April, 1961. The foregoing resolution was unanimously passed and signed by the Council, and presented to Roy Hicks. Mr. Kenyon stated that they were very appreciative of this singular honor, and thanked the Council for this recognition on behalf of the Faculty and Student Body of Solomon Coles High School. Coach Hillyer stated that it was quite an honor to receive such a document signed by the Council, and that he expected Roy to go higher and later on be able to compete with anyone in the world. Mayor McDonald called for the City Manager's Reports. Motion by Roberts, seconded by Barnard and passed that the recommenda- tions and requests of the City Manager be granted and approved, as follows: a. That an additional appropriation in the amount of $11,000.00 be made for Railroad Construction on Projects accomplished on the Force Account in accordance with the Primary Agreement; b. That authority be granted to advertise for bids to be received on May 3, 1961, on 3 quantities and sizes of Bare Steel Pipe; c. That authority be granted to advertise for bids to be received on May 3, 1961, on 2,008 Street Name Sign Faces; d. That authority be granted to advertise for bids to be received on May 3, 1961, on 1600 Street Name Sign Blanks of various sizes, and 400 Sign Blanks of various sires; Regular Council Meeting April 19, 1961 Page #3 e. That authority be granted to advertise for bids to be received on May 3, 1961, on 1 Signal Generator and 5 Mobile Radio Transmitter -Receivers; f. That the Utility Collection contract between the City and M. S. Greene, dba Southside Drug Store, 1431 South Alameda, be immediately cancelled, due to the fact that the bond required to be furnished to the City under this contract has been cancelled by the Bonding Company and no provision has been made to furnish another bond; g. That the date of May 3, 1961, during the regular Council meeting, be set for public hearing on the petition of First State Bank of Corpus Christi to close the moat southerly 158' of a certain alleyway located between Block 22 and Block 23, Del Mar Addition; h. That the date of May 10, 1961, during the regular Council meeting, be set for public hearing on 3 zoning applications; i. That the request of W. R. Price for the abandonment of a 10' utility easement in Woodlawn Estates, between Woodlawn Drive and Clare Drive, be tentatively approved, subject to the property owner providing substitute utility easement in a certain location and making provisions for the relocation of the utility lines. Mayor McDonald presented a resolution in support of the expansion and further development of the Port of Corpus Christi, explained that as Mayor with two Councilmen he had examined and studied the plans of the Navigation District as sub- mitted to the Corps of Engineers, that this feature of our economy cannot be over- stressed, and that it is his recommendation as well as that of the City Manager, that the City join with the Navigation District and other governmental agencies to improve, develop, enlarge and extend the Port Aransas -Corpus Christi Waterway and Port Facilities at the Port of Corpus Christi. He further stated that an investigation hearing concerning the proposal is to be held on April 26, 1961, at 10:00 a.m., in the Chamber of Commerce Building, and invited anyone interested to be present. City Manager Whitney read the resolution, the caption of which is as follows: Regular Council Meeting April 19, 1961 Page #4 RESOLUTION NO. 6122 • DECLARING THE POSITION OF THE CITY OF CORPUS CHRISTI TO BE THAT THE CITY OF CORPUS CHRISTI AS A LOCAL GOVERNMENTAL AGENCY, IS INTERESTED IN WORKING TOGETHER WITH OTHER GOVERNMENTAL AGENCIES IN DEVELOPING A BETTER CITY AND COMMUNITY IN WHICH TO LIVE AND IN PARTICULAR, TO IMPROVE THE PORT ARANSAS-CORPUS CHRISTI WATERWAY AND PORT FACIL- ITIES AT THE PORT OF CORPUS CHRISTI, TEXAS AND JOINING THE CITY WITH THE NUECES COUNTY NAVIGATION DISTRICT IN ITS PROPOSAL TO WIDEN AND DEEPEN THE PORT ARANSAS-CORPUS CHRISTI WATERWAY, EXTENDING SAID WATERWAY AND DEVELOPMENT OF A SHALLOW DRAFT CHANNEL FROM CORPUS CHRISTI BAY INTO NUECES BAY AND INCREASE CHANNEL AND BASIN DEPTHS AND WIDTHS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing resolution was passed by the following vote: All Council members present and voting "Aye". In a discussion regarding the second reading of an ordinance authorizing an assignment agreement with Philip A. Schraub, dba International Aviation, at the Air- port, it was agreed that, without waiving any possible prior rights of Coastal States Aviation Company as to area involved, no objection would be offered to proceeding with the second reading, so as not to jeopardize Mr. Schraub's contractual obligations or financial arrangements, and that before the third and final reading of this ordinance, the Council will consider the matter in conjunction with the anticipated reports and recommendations of the Airport & Industrial Board, the Airport Zoning Board, and any solutions offered by the interested parties. ORDINANCE NO. 6117 APPROPRIATING FROM NO. 230 BRIDGE BOND FUND THE SUM OF $11,000.00 TO SUPPLEMENT THE REMAINING BALANCE OF $7,806.92, PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 6065, DATED FEBRUARY 1, 1961, ALL OF SAID FUNDS BEING REQUIRED TO PAY FOR RAILROAD FORCE ACCOUNT CONSTRUCTION IN CONNECTION WITH AND A PART OF THE REMOVAL AND RELOCATION OF THE BAS- CULE BRIDGE; AUTHORIZING THE PAYMENT OF THE SUM OF $17,216.15, AS SET OUT IN ESTIMATE NO. 4 OF HARRINGTON & CORTELYOU AND CITY ESTIMATE NO. 8, FOR SAID PROJECT AND LEAVING A BALANCE FOR CONTINGENCIES IN THE SUM OF $1,590.77, ALL APPLICABLE TO PROJECT NO. 230-55-8, AND ITEMS RELATED THERETO; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6118 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $104,208.00 FOR THE ACQUISITION OF FIVE PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF TEXAS AND APPLICABLE TO PROJECT NO. 220-56-24, CROSSTOWN EXPRESSWAY, HIGHWAY 286 RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF; • Regular Council Meeting April 19, 1961 Page #5 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; CANCELLING THE APPROPRIATION HERETOFORE MADE BY ORDINANCE NO. 6062, DATED FEBRUARY 1, 1961, IN THE AMOUNT OF $150,000.00, AS TO THE UNUSED PORTION THEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6119 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS FOR ALL OF LOT 1 AND ALL THAT PORTION OF LOTS 2, 3, 4, 5, 25 AND 26, LYING SOUTH OF THE SOUTH BOUNDARY LINE OF BUFFALO STREET, ALL IN BLOCK 21, HILLCREST ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE SUM OF $10,500.00, A COPY OF WHICH AGREE- MENT IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO CARRY OUT THE PROVISIONS OF SAID AGREEMENT, INCLUDING THE EXECUTION AND DELIVERY QF A PROPER DEED TO THE SAME UPON THE PAYMENT OF THE CONSIDERATION BY THE GRANTEE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6120 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A RELEASE OF ONE-HALF OF SPECIAL ASSESSMENT IN THE AMOUNT OF - $79.17 AGAINST THAT CERTAIN PROPERTY FRONTING 63 FEET ON THE NORTHWEST SIDE OF KOSTORYZ ROAD, DESCRIBED AS LOT NO. 3, BLOCK 11, UNIT 1 OF LAWNDALE SUBDIVISION, AND THE OWNER THEREOF, A. R. TAYLOR; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council menbers present and voting "Aye". ORDINANCE NO. 6121 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CONSENT AGREEMENTS WITH THE TEXAS -MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA FOR CROSSING UNDER THE NAVY'S RAILROAD TRACK AT STATION LOCATION 464 PLUS 45, CORPUS CHRISTI, TEXAS, WITH AN 8" SANITARY SEWER LINE AND A ROAD CROSSING OVER THE NAVY'S RAILROAD TRACK AT WHICH THE CENTERLINE WILL BE AT STA- TION LOCATION 465 PLUS 80, AS MORE FULLY DESCRIBED IN COPY OF EACH CONSENT AGREE- MENT ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • Regular Council Meeting April 19, 1961 Page #6 The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". Mayor McDonald inquired if the City Manager or City Attorney had any informa- tion on legislative activity currently being carried on in Austin regarding the re- tention of Oso Tract, or had had any discussion with the legislative delegation from this area on the possibility of legislation with reference to title to the Bayfront Lands so suitable leases can be made, subject to the popular vote of the people. City Manager Whitney reported that all of our legislators have been con- tacted regarding the Bill to extend the time of our patent on the Oso; that the Coun- cil had passed a resolution last week expediting the matter; that there was apparently no obstacle but merely a matter of getting the Bill before the Legislature to be passed; that the first Bill permitted the sale or lease of the submerged lands, and that City Attorney Singer had prepared a new Bill to effect the leasing only of this land, subject to referendum of the citizens, and had forwarded same to our legislators. Mayor McDonald requested the City Manager to keep in close touch with the matter since the Legislature is due to adjourn the first of May and since representa- tives of the Council would want to go to Austin and make our position clear should there be any discussion or contest in the matter of our title. Mayor McDonald reported that Don Comuzzie, of the Sea Bees' Training Program, has invited the City Council, the Department Heads and selected personnel of the Fire Department and Police Department to be present at atomic bomb exercises to be held April 22 and 23 at the Naval Reserve Building at the Naval Air Station, and City Manager Whitney said he was planning to have Training Officers and other personnel of the Fire and Police Departments and the City Physician attend so that they can in turn bring this information to other City Safety Personnel. Mayor McDonald further stated the Council's position of full cooperation with the Sea Bees" Program and the City, and State Civil Defense Alert to be held Friday, April 28, 1961. Col. Earl Dunn, Director of Civil Defense, introduced Captain Weeks, of the State Highway Patrol, and explained the plans of the 0.C.D.M. for the State-wide Alert • Regular Council Meeting April 19, 1961 Page #7 Program starting at 3 p.m., next Friday, with Captain Weeks being notified of our City's problem, than a 5 -minute signal covering the situation, a 1 -minute break, and 5 -minute signal, with radio stations going on Conelrad. Col. Dunn reviewed last year's City problem and its outcome, and explained that our biggest bottleneck was getting the information from Civil Defense to the public. He particularly stressed the need for more sirens or perhaps newer type warning devices, for a better plan for broad- casting the information, and explained, in answer to Commissioner Robert's question, that an evacuation plan is not presently practical mostly due to the necessity of a constantly maintained street and route marking program, and a continuous public edu- cational program. Col. Dunn asked the Council to approve the LO -minute signal cover- ing whatever our situation is to be for the Alert; recommended that the City partici- pate in the 606 Program, which he explained; and asked that the ordinance which created Civil Defense be studied and revised. The Council suggested that Col. Dunn prepare his recommendations as to the ordinance revision and as to the 606 Program and arrange with the City Manager to meet with the Council in open work shop session for consideration. It was agreed, that due to the fact that Friday, the 28th, is during our Buccaneer Days Celebration, at which time many out-of-town visitors might conceivably be unaware of the significance of sounding of the sirens, thereby causing a real emergency, that the Council's approval would be for a 1 -minute signal, 30secondbreak, 1 -minute signal. Jack Davis, representing Corpus Christi Beach Improvement Association, complained that a Building Permit had been issued by the Inspection Department to move a house, which had been sold by the owner with the understanding that it be de- molished because he considered it substandard, onto the Shinkle property which is presently under dispute with the City in a lawsuit with regard to substandard build- ings that have not yet been completely removed from the property; that he would like the powers and duties of the City Inspectors checked into; that he would Like the Fire Code checked to see if the roof on this building is conforming; and questioned the legality of the Building Permit due to the undismissed lawsuit. Regular Council Meeting April 19, 1961 Page #8 • Motion by Barnard, seconded by Roberta and passed that the matter be re- ferred to the Building Standards Commission with a request for immediate inspection and recommendation. Mr. Cunningham, Joe Grog and Liston Manning supported Jack Davis' complaint with regard to the sub -standard building. Mayor McDonald requested thatCity Attorney Singer check the question of legality raised by Mr. Davis, and suggested that if complaints and information could be submitted in writing, it would be helpful in getting the matter before the proper Board. Mrs. Ray Airheart asked what is the Airport Zoning Board, when was it formed, and who are its members. City Manager Whitney answered that the Joint Airport Zoning Board is a City - County appointee board, and its present members are Hayden Head, Fred Heldenfels, III, Jesse Lawrence, Elbert Cox and Homer Innis. Mrs. Airheart stated that in connection with the matter of the Schraub lease at the Airport, that there was in the files of the City a letter from Coastal States Aviation withdrawing their proposal, that it was considered a withdrawal and nothing else; that the Council should consider Judge Schraub was ready to proceed and was offering the City something, while Coastal States wanted everything and to give nothing. Commissioner Swantner stated that the letter referred to was a matter of public record at last week's meeting, also the City Attorney's opinion that the Coastal States proposal had been withdrawn. Mayor McDonald stated that if it becomes necessary, the matter of the letter being referred to would be investigated further. Madelon M. McBride, 3906 Pyle, complained that she had paid her utilities bill which was due April 21, on April 17 at Bonham's #3 Store; the water had been turned off on April 18; after she had had Bonham's telephone the Utilities Office that the bill had been paid, she had had to pay $2.00 when the water was reconnected; and she wanted her $2.00 back. Mayor McDonald asked her to leave her bill and receipts for amounts paid the with the City Manager, and asked City Manager Whitney to have Mr. Letch inform Regular Council Meeting April 19, 1961 Page #9 • the Council on the matter by next Council meeting. Kenneth R. Darrah, 414 South Tancahua Street objected to the assessments in connection with the improvements on Agnes Street Extension as being unfair, and asked the Council to reopen the hearing and review the assessments. He gave the back- ground history of the street and surrounding area, presented pictures and sketches, a letter from Charles M. DeLomel, appraiser, and read from a manual on sidewalk specifi- cations to support his opinion that the assessment was unfair; and further, read from the Charter to support his question as to the legality of Harold Carr's testifying as an appraiser for the City while he was also serving as a member of the Park Board. He also showed the Council his statement from Bur -Tex and the newspaper legal advertise- ment of the assessments to support his complaint that he was being charged 6% interest instead of the 5% as advertised, and stated that Mr. Burnett of Bur -Tex had informed him that their contract with the City called for 6%. Mayor McDonald suggested that Mr. Darrah leave with the Council whatever material he cared to submit, that the matter of the rate of interest would be checked, but that he did not know if the Council would be willing to reopen a matter that had been closed and acted upon by a previous Council. Jack Graham, Director of Public Works, informed the Council that he had re- viewed the official contract with Bur -Tex, executed September 17, 1960, that the rate of interest called for is 5% per annum, and that Mr. Burnett is incorrect in his in- formation to Mr. Darrah; and explained the different methods of payment to Mr. Darrah. Mayor McDonald directed that the meeting move into the Committee Room since the only persons left in the audience to be heard were present in connection with the Morgan Street Improvements, particularly head -in Parking, and there would be more room to spread the plans on the table and try to work out each one's problem where all could see. This was done. Jack Graham reviewed the background of the Morgan Street Improvements public hearings, both for the 44' street, following which several property owners were per- mitted head -in parking, and for the 601 street, following which no head -in parking was permitted. He explained and described nine instances for which head -in parking was considered by the property owners to be a necessity to the existing business and • Regular Council Meeting April 19, 1961 Page #10 for which, due to the present building setbacks, there was sufficient room for off- street head -in parking at varying angles which had been worked out by the Public Works Department, in the event that the Council chose to approve these requests. He stated that if head -in parking is permitted in any of these cases on Morgan that he anticipates similar requests in a few instances on Baldwin Boulevard which had pre- viously been denied, and suggested that a statement of policy from the Council would be very effectual in handling such requests. Mrs. Dorothea Collins, Nicholas Garcia, and Tony Godey each described their situation, and requested that they be allowed the head -in parking which had been approved following the hearing on the 44' street, as just described by Mr. Graham for each of their properties. After some discussion and expressions of opinion by various members of the Council, Mayor McDonald announced that it would be the policy of this Council that in connection with street widening, where head -in parking is requested for existing businesses only, that a study of each request will be made by the Public Works De- partment, and where such study shows that it can be accomplished consistent with the public safety, head -in off-street parking will be allowed at an angle of 45 degrees preferably, with 60 degrees as the maximum angle permitted. Such head -in parking as would be permitted under this policy must be paid for by the property owner through separate arrangements with the contractor performing the street construction project, or a contractor of the owner's choice, with the provision that the work must be accomplished in conjunction with the street widening and construction. Sidewalk must be constructed adjacent to and around the head -in parking area, and both sidewalk and parking area must comply with standard construction specifications as provided in Section 34-27 of the City Code. There being no further business to come before the Council, the meeting was adjourned.