HomeMy WebLinkAboutMinutes City Council - 08/09/1961PRESENT:
Mayor Ben F. McDonald
Commissioners:
Tom R. Swantner
Dr. James L. Barnard
J. R. de Leon
W. J. Roberta
Jim Young
REGULAR COUNCIL MEETING
August 9, 1961
2:00 P. M.
Acting City Manager Marvin Townsend
City Attorney I. M. Singer
City Secretary T. Ray Kring
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Mayor Ben F. McDonald called the meeting to order.
The Invocation was given by Reverend Gerald E. Young, Associate Pastor
of Morgan Avenue Baptist Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by de Leon, seconded by Roberts and passed that the absence of
Commissioner M. P. Maldonado be excused for cause.
Motion by Barnard, seconded by de Leon and passed that the minutes of
the regular meeting of July 26, the recessed meeting of July 31, the regular meet-
ing of August 2, the special meeting of August 5, and the special meeting of August
7, 1961, be approved as furnished to the Council.
Mayor McDonald announced the creation of an Interim Water Advisory
Board for the specific purpose of advising the Council with regard to the request
of Alice, Texas, for water rates for the purchase of water. The following were
appointed as the Interim Water Advisory Board by the Mayor and confirmed by the
Council: Commissioner W. J. Roberts, Chairman; Assistant City Manager R. Marvin
Townsend; City Attorney I. M. Singer; Director of Public Utilities Gerald C.
Letch; Superintendent of Water Atlee Cunningham; Fenner Roth, Joe Pruitt, and Fred
Hodson. The City Attorney was directed to prepare a resolution to be passed by
the Council authorizing the foregoing committee.
The following were appointed by the Mayor and confirmed by the Council
as the two new members of the Park Board recently authorized by Charter amendment:
Mr. Bill Stephenson and Mr. Marshall Pearce.
Mayor McDonald announced the Council would hold the public hearings
on four zoning cases.
Mayor McDonald read the application of Ophie Lea McCray and Janet
Frank for a change of zoning from "R -1B" One -family Dwelling District to "AB"
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August 9, 1961
Page #2
Professional Office District on Lots 14 15, Sunny Side Strip Addition, being
that property located at 815 Everhart Road and adjacent lot.
Wm. Anderson, Director of Zoning & Planning, located the property on
the map, pointed out the use of the surrounding area, reviewed the background of
the application, and stated that the recommendation of the Zoning & Planning
Commission was that the request for the rezoning df Lot 14, owned by Ophie Lea
MCCray, be denied, and that the request for the rezoning of Lot 15,..pheeadjoia
4.
ing vacant lot be granted for "AB" subject to the construction of a 6 -foot red-
wood fence on the periphery of Lot 15 which adjoins Lot 14 and Lot 1 of Sunny Side
Strip Addition.
John Waller, attorney representing Mrs. Frank, appeared in support
of the application, explained his client's plana for immediate construction of an
1800 aq. ft. doctors' office building, with off-street parking, and requested that
his client's application be considered separately, since it had been severed at the
previous hearing as he did not want this application jeopardized by the commission's
recommendation for denial of Mrs. McCray's request. He further stated that the
condition of the redwood fence was acceptable, and that his client was pursuing
the matter of the leases for the proposed construction.
Mrs. McCray, appearing in her own behalf, asked that both applica-
tions be approved, or both denied, since to approve the rezoning of Lot 15 only
would make her one -family residence on Lot 14 less desirable.
A letter from Hulen H. Hunt, owner of Lots 1, 3, 5 and 6, Block 1,
Claremont Addition, adjacent to the foregoing properties, objected_, tothe rezon..
ing on the basis that it would seriously devaluate his residential property, was
noted for the record.
No one else desiring to be heard, Mayor McDonald declared the hearing
closed.
Motion by Swantner that the "AB" zoning be granted in both cases, on
the basis that this zoning will appreciate the area rather than depreciate it,
and that the condition of the redwood fence be imposed on such granting for both
Lot 14 and Lot 15. The foregoing motion died for lack of a second.
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August 9, 1961
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Motion by Barnard, seconded by Roberts and passed with Swantner
voting "Nay" and Mayor McDonald not voting, that the matter be tabled for further
consideration. Mayor McDonald asked that the Council be ready to vote on the
matter by next Wednesday's regular meeting.
Mayor McDonald read the application of Wayne E. Miller for a dhange
of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business
District on Lots 11 and 12, Block 16, Meadow Park, being that property located on
the southeast corner of Huron and Osage Streets.
City Secretary Kring reported the telephone request of Mr. Miller
that any decision on this application be deferred for one or two weeks due to the
attendance in service at Fort Hood of the party who has all the detailed informa-
tion as to plans for development.
Mr. Anderson located the property on the map, and pointed out the uses
of the surrounding area, and particularly called attention to the peculiar and
dangerous off -set of the streets at this intersection, and that the recommenda-
tion of the Zoning & Planning Commission was that it be denied since the appli-
cant does not have definite plans for the use of this property, and that any
further business use at this intersection will generate additional traffic con-
gestion affecting the existing traffic patterns caused by the offset intersec-
tion of Huron Street with Osage Street.
B. W. Bell, one of the owners involved in the application, stated that
they now have plans for a filling station which would provide better traffic
vision, and for a barber shop.
Tony Abarca, owner of adjacent residential rental property, objected
to the rezoning.
Mayor McDonald announced that this hearing would be recessed for one
week to give the applicant an opportunity to present his plans for the develop-
ment of the property.
Commissioner Barnard requested a report from the Traffic Engineer
and a recommendation with regard to the traffic situation for the Council's con-
sideration at the time the recessed hearing is held.
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August 9, 1961
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e
Mayor McDonald read the application of Ben Avalos, Sr., for a change
of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business
District on Lot 6, Block 3, Paul Court Addition, being that property located on
the east side of Josephine Street, between Caldwell and Howard Streets.
Mr. Anderson located the property on the map, pointed out the various
types of uses of the area, and stated that the recommendation of,the Zoning &
Planning Commission was that the application be approved due to its previous use
and since the proposed use is a convenience for the neighborhood.
Mr. Avalos, Sr., appearing in his own behalf, explained that he had
previously operated a grocery store on the property, that the building had been
designed for a store, but that he had had to close it when his sons were in ser-
vice, and that now he needs to reopen the store for his livelihood. A letter re-
ceived from Commissioner Maldonado in support of this application was noted for
the record.
No one else desiring to appear in connection with this application,
Mayor McDonald declared the hearing closed.
Motion by Swantner, seconded by de Leon and passed that the recom-
mendation of the Zoning & Planning Commission be concurred in, and the zoning be
changed to "B-1" Neighborhood Business District on Lot 6, Block 3, Paul Court
Addition, as applied for.
Mayor McDonald read the application for Miss Eleanor Kelly and others
for a change for zoning from "R-2" Two-family Dwelling District to "AB" Profes-
sional Office District on Lots 1, 2, 3, 4, 5 and 6, Block 9, and on Lots 15, 16,
17 and 18, Block 4, Bayview Addition No. 2, being located on both sides of
Brownlee between Morgan Avenue and Craig Street, except that which is already
zoned business, and read the recommendation of the Zoning & Planning Commission
that the application be approved subject to off-street parking in Block 9 being
restricted to the rear of the lots.
Mr. Anderson located the property on the map and reviewed the appli-
cation recalling for the Council that the previous granting of zoning change in
connection with Noe Garza's application had been made knowing that this appli-
cation on the entire block was to be made also.
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August 9, 1961
Page #5
No one desiring to appear either for or against the application,
Mayor McDonald declared the hearing closed.
Motion by de Leon, seconded by Swantner and passed that the recommen-
dation of the Zoning & Planning Commission be concurred in, and the zoning be
changed to "AB" Professional Office District on Lots 1, 2, 3, 4, 5 and 6, Block
9, and on Lots 15, 16, 17 and 18, Block 4, Bayview Addition No. 2, subject to off-
street parking in Block 9 being restricted to the rear of the lots.
A letter from Bonilla, Thomas & De Ases, dated August 8, 1961, repre-
senting Mr. Joe Vera in his claim for personal injuries sustained by his wife, Alice
Vera, as a result of a fall occurring July 26, 1961, and a letter from Bonilla,
Thomas & De Ases, dated August 8, 1961, representing Mr. Juan Picasso in his claim
for damages for injuries sustained by his wife, Mrs. Eulalia Picasso, on August 5,
1961, while walking on the sidewalk on Port Avenue, were ordered received and re-
ferred to the City Attorney for proper handling.
Mayor McDonald called for the City Manager's reports.
Motion by Swantner, seconded by Roberts and passed that the recommenda-
tions and requests of the City Manager be approved and granted, as follows:
a. That the plans and specifications for the construction of street
improvements on Greenwood Drive from Port Avenue to Horne Road, be approved with
the provision that the payment for assessments may be made in cash or up to 60
monthly installments, and that authority to advertise for bids to be received on
August 23, 1961, be granted;
Edwardo De Ases, attorney, appeared on behalf of a number of resi-
dents from Greenwood Drive, and asked questions with regard to the method of
assessment and manner of payment and the use of bond funds in connection with the
foregoing action, and the Council answered his questions and offered to meet with
any group of citizens. to explain the project and answer any questions.
b. That an additional appropriation in the amount of $16,104.49
be made for Morgan Street Improvements Project, of which amount $14,809.48 is
for payment of Special Certificates of Homestead Assessments accepted by the City
on July 19, 1961, $881.96 is to supplement the balance of $1650.54 remaining
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August 9, 1961
Page #6
from funds previously appropriated, and $413.05 is to cover refunds to property
owners for allowances made for existing sidewalks;
c. That the invitation of J. Edgar Hoover for Lt. Howard Raymond
Hewlett of the Police Department to attend the 68th Session of the FBI National
Academy beginning August 21, 1961, be accepted;
d. That the award of bid on Street Construction Materials be made
as follows: 314,000 gals. Asphalt OA -135, and 10,000 gals. Oil Asphalt RC -2 to
Humble Oil & Refining Co. for a total of $28,475.00; 500 tons Rock Asphalt, Type
"A", 5,590 tons Rock Asphalt, Type "B", 5,000 tons Rock Asphalt, Type "CCC",
3,333 cu.yds. Precoated Aggregate, Grade IP, and 13,526 cu. yds. Precoated Aggre-
gate, Grade 2P to Uvalde Rock Asphalt Company for a total of $124,033.52; 6,000
cu. yds. Flexible Base (Shell) to Heldenfels Brothers for $5,910.00; 44,000
cu. yds. Flexible Base (Caliche) to Claude Hughes for $79,640.00; making a grand
total of $238,058.52; and that the award of bid on Ready -Mix Concrete be deferred
until next week; (See Bid Tabulation #36 in File.)
e. That the award of bid on 1,500' of 12", 3,000' of 15" and 252'
of 18" Reinforced Concrete Pipe be made to Texcrete Company of Corpus Christi
for a total of $7,148.76; (See Bid Tabulation #37 in File.)
f. That the award of bid on Linen Service consisting of 9,308 Sheets,
4,654 Pillowcases, 16,770 Linen Dish Towels, 325 Roll Towels, 500 Small Bath
Towels (Nursery) and 750 Small Bath Towels (Locker Room) be made to South Texas
Linen Service for a total of $2,087.28; (See Bid Tabulation #38 in File.)
g. That authority to advertise for bids to be received on August 23,
1961, on an estimated year's supply of Pipe Repair Sleeves & Couplings be granted;
h. That authority to advertise for bids to be received on August 23,
1961, on a 12 -month contract for Testing approzimately 44,000 cu. yds. of Caliche
Base produced for the Street Division, be granted;
i. That the request of H. L. Jackson for a transfer of his franchise
for the operation of Plantation Pier to Mrs. Elizabeth Hale,be approved;
j. That the appointment of W. R. Metzger as City Health Officer
from August 1, 1961, through July 31, 1963, be approved;
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Page #7
k. That the date of August 30, 1961, during the regular meeting, be
set for public hearing on the zoning application of William R. Anderson, Jr.;
1. That the date for the opening of bids on Policmen's Uniforms be
extended from August 16 to August 23, 1961, at the request of the bidders to allow
additional time for them to secure prices on fabrics.
ORDINANCE NO. 6244
APPROPRIATING OUT OF NO, 220 STREET BOND CONSTRUCTION FUND THE SUM OF $16,104.49
OF WHICH AMOUNT $14,809.48 IS FOR PAYMENT OF SPECIAL CERTIFICATES OF HOMESTEAD
ASSESSMENTS ACCEPTED BY THE CITY JULY 19, 1961; $881.96 TO SUPPLEMENT THE BAL-
ANCE OF $1650.54 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO.
6113, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 12, 1961, MAKING A TOTAL
OF $2,532.50 TO BE PAID AS HEREIN PROVIDED; AUTHORIZING REFUNDS IN. THE AMOUNT OF
$413.05 TO PROPERTY OWNERS FOR ALLOWANCES DUE FOR EXISTING SIDEWALKS AND AUTHOR-
IZING A CREDIT OF $76.68 ON CERTIFICATE NO. 5 ISSUED IN THE NAME OF C. R.
STEINMETZ FOR SIDEWALKS, ALL APPLICABLE TO MORGAN STREET IMPROVEMENT PROJECT, NOS.
220-53-15.2 AND 220-59-34; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Roberts and Young all voting "Aye", and
Commissioner Maldonado, absent.
The foregoing ordinance was passed by the following vote: Mayor McDonald,
CommissimereSwantner, Barnard, de Loen, Roberts and Young all voting "Aye", and
Commissioner Maldonado, absent.
ORDINANCE NO. 6245
APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $816.00 FOR
THE ACQUISITION OF PARCEL NO. 8, MORE FULLY DESCRIBED HEREINAFTER, APPLICABLE TO
PROJECT NO. 220-61-41, GREENWOOD DRIVE IMPROVEMENT - PORT TO HORNE; AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCEL; AND
DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Roberta and Young all voting "Aye", and
Commissioner Maldonado, absent.
The foregoing ordinance was passed by the following vote: Mayor
McDonald, Commissioners Swantner, Barnard, de Leon, Roberts and Young all voting
"Aye", and Commissioner Maldonado, absent.
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Page #8
ORDINANCE NO. 6246
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF
CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH DURHAM, STEWART AND STEWARD, A
PARTNERSHIP COMPOSED OF LOUIS M. DUNEAM, GORDON L. STEWART AND W. C. STEWART,
FOR CONSTRUCTION OF A 12 -INCH WATER LINE TO SERVE THE LAS PALMAS SUBDIVISION,
UNIT 2, SECTION 1, AND POTENTIAL AREAS ADJACENT THERETO; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Roberts and Young all voting "Aye", and
Commissioner Maldonado, absent.
The foregoing ordinance was passed by the following vote: Mayor
McDonald, Commissioners Swantner, Barnard, de Leon, Roberts and Young all voting
"Aye", and Commissioner Maldonado, absent.
RESOLUTION NO. 6247
RESOLUTION MEMORIALIZING JIM GREENWOOD.
The Charter rule was suspended by the following vote: Mayor McDonald,
Commissioners Swantner, Barnard, de Leon, Roberts and Young all voting "Aye", and
Commissioner Maldonado, absent.
The foregoing Resolution was passed by the following vote: Mayor
McDonald, Commissioners Swantner, Barnard, de Leon, Roberts and Young all voting
"Aye", and Commissioner Maldonado, absent.
FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 5501, PASSED AND APPROVED ON
THE 23RD DAY OF SEPTEMBER, 1959, A`ENDING ORDINANCE NO. 4635, AND ENTITLED
"AMENDING ORDINANCE NO. 4635 ENTITLED "AN ORDINANCE TO PROVIDE FOR RATES APPLI-
CABLE TO MOTOR BUSSES USED FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC
STREETS, ALLEYS AND THOROUGHFARES OF THE CITY IN THE NATURE OF A ZONE FARE; PRO-
VIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT
THEREWITH', SO AS TO PROVIDE AND ESTABLISH RATES APPLICABLE TO MOTOR BUSSES USED
FOR CARRYING PASSENGERS FOR HIRE IN AND UPON THE PUBLIC STREETS, ALLEYS AND
THOROUGHFARES OF THE CITY OF CORPUS CHRISTI IN THE NATURE OF A ZONE FARE; PRO-
VIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT
HEREWITH", BY PROVIDING A NEW BASE FARE FOR ADULTS OF TWENTY (200) CENTS AND A
BASE FARE FOR SCHOOL CHILDREN OF TEN (100) CENTS, NO CHARGE FOR CHILDREN UNDER
THE AGE OF FIVE YEARS, RATES FOR TOKENS, FREE TRANSFERS AND CONTINUING IN EFFECT
EXISTING ZONE CHARGES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
REPEAL OF ORDINANCES INCONFLICT HEREWITH.
The foregoing ordinance was read for the first time and passed to
its second reading by the following vote: Mayor McDonald, Commissioners Swantner,
Barnard, de Leon, Roberts and Young all voting "Aye", and Commissioner Maldonado,
absent.
Mayor McDonald announced the receipt of a request from the local
manager of the Houston Natural Gas Company that an ordinance granting the Company
Regular Council Meeting
August 9, 1961
Page #9
an increase in gas rates to be charged their customers to make them even and
equal to those charged by the City of Corpus Christi be read for the first time
at this meeting. Mayor McDonald explained that the policy of the Council was to
read ordinances of this nature only when the Council was ready to vote on them and
not just to start the time running, and that the Council has not had an opportunity
to study the matter, nor any facts to consider. He requested that the City Manager
cause an audit to be made of the books of the Houston Natural Gas Company in the
usual manner and furnish the Council with the appropriate information for their
consideration of the matter, as was done in the case of the request of Nueces Transit
Company and as is customary in any utility matter. He suggested that our auditors
and adcountants contact Houston Natural Gas Company and go to Houston under what-
ever the usual arrangements' -are to determine this information for the City Council.
Acting City Manager Townsend reported, in answer to a question of Mayor
McDonald, that the Hopaton Natural Gas Company had agreed to reduce the rates
charged in the Flour Bluff area recently annexed to comply with the same rates
charged within their franchise area within the City insofar as the area not under
controversy is concerned, and that when the matter is cleared in the Courts so
that the doubt is removed, refunds will be made to those customers in the area
under controversy.
Mayor McDonald acknowledged receipt of a letter from the Flour Bluff
Taxpayers' Association, and thanked them for their expression of confidence and
welcomed them into the City of Corpus Christi. A Mrs. Green, of the Flour Bluff
area, presented some literature or propaganda which she stated was used as coersion
in getting the people out there to vote for incorporation, and Mayor McDonald
answered that that was just considered "campaign literature" and that the matter
was now in the hands of the Court to decide.
Mr. Emmord, owner of Emmord's Boat Barn, stated that he owned proper-
ty on Lexington Boulevard on the south side just passed the Oso, and asked how he
should go about getting building permits for commercial construction with regard
to zoning, set back lines and coastruction'materiala to comply with fire zone
regulations, etc.
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August 9, 1961
Page #10
Acting City Manager Townsend assured Mr. Emmord that he would work out
all these problems with him if he would meet with him on the matter, and Mayor
McDonald explained that for at least the first year, the control would be under
the same conditions as applied to the 5 -mile limit, so that the transition would
be natural and logical and in the best interests of everyone concerned.
There being no further business to come before the Council, the meet-
ing was adjourned.