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HomeMy WebLinkAboutMinutes City Council - 11/22/1961PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young REGULAR COUNCIL MEETING November 22, 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 Gregory Robertson, of Aldersgate Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Swantner, seconded by Maldonado and passed that the minutes of the regular meeting of November 15, 1961, be approved as furnished to the Council. Mayor McDonald welcomed the following student -representatives of the Student Council of Roy Miller High School as special guests of the City Council, and presented them with Certificates of Attendance: Randy Turner, Robert Holman, Ray Estrada, Elva Cerda, Majorie Moore, and Annie Gonzalez. Mayor McDonald officially discharged the Rehabilitation Advisory Com- mittee, which was appointed by the City Council on September 13, 1961, as a tem- porary committee to make information available to citizens in respect to rehabili- tation of properties following hurricane "Carla"; congratulated the Committee on having very commendably fulfilled its assignment; and presented Certificates of Appreciation for each member of the Committee to H. C. Botsford, Chairman, and Baxter Jackson who were present. Mayor McDonald announced the opening of bids. Bids were opened and read on 645' of 48" Reinforced Concrete Pipe from the following: Brown Supply Company of South Texas; Mission Concrete Pipe Company; The Southern Company; and Texcrete Company of Corpus Christi. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor McDonald announced the Council would continue the public hearing on proposed amendments to the text of the Zoning Ordinance which had been recessed from November 1 and November 8, 1961. • Regular Council Meeting November 22, 1961 Page #2 Mr. William Anderson, Director of Zoning & Planning, explained that the proposed amendment to Section 26-4, which was to add the words "or structure" to the wording under "Destruction of a Nonconforming Use" was for the purpose of including nonconforming billboard signs, which are defined as a structure, in the provision for nonconforming buildings and that the Zoning & Planning Commission recommended its approval. Wm. H. Bloch, attorney, opposed this amendment on the basis that it was an attempt to administratively undo what the Council had legislatively done in recently permitting an advertising company to restore to their status quo some nonconforming billboard signs which had been more than 50% destroyed by the hurri- cane "Carla"; that the passage of this amendment would mean that in the event of fire or other disaster destroying the buildings more than 507., Humble Bulk Plant, Knolle Plant on Staples, Buttercrust Bakery on Staples, and the Oriental Laundry on Staples, would not be permitted to rebuild; and that such passage was in oppo- sition to the platform for progress and growth upon which this Council had been elected. He further suggested that rezoning should be granted whenever applied for unless the evidence presented at the public hearings showed that the requested zoning would materially damage the surrounding and adjacent property values or the normal enjoyment of existing zoning and usage, and that the burden of proof be upon those opposing the request. Mayor McDonald answered that this Council's feeling was that zoning should be granted on the basis of a reasonable use of the land, and suggested that Mr. Bloch present his remarks in writing for Workshop discussion and study by the Council, at which time he was welcome to be present and participate. Mr. Anderson stated that the cure for Mr. Bloch's opposition to the amendment was not in the clause under discussion, but in the proper classification for building billboards. No one else desiring to be heard, Mayor McDonald declared this portion of the hearing closed. Motion by Swantner, seconded by Young and passed that the proposed amendment to Section 26-4 be tabled for further study, Regular Council Meeting November 22, 1961 Page #3 Mr. Anderson explained the effect of the proposed amendment to Section 16-5.01 relative to side yard requirements for commercial zoning where abutting residential zoning is under the same ownership, allowing -the building on the com- mercial property to use the adjoining residential property for the side yard re- quirements, and stated that the recommendation of the Zoning & Planning Commission was that it be disapproved since adequate remedy is already provided for in the Zoning Ordinance through the Board of Adjustment. No one desiring to be heard, Mayor McDonald declared the hearing closed. Motion by Young, seconded by de Leon and passed that the proposed amend- ment to Section 16-5.01 of the Zoning Ordinance be taken under advisement for further study. Mayor McDonald read the application of Richter Baking Company for a change of zoning from "R -1B" One -family Dwelling District to "8-4" General Business District on the South 200° of Lots 1 through 8, and Lots 57 through 64, Block 1504, Port Aransas Cliffs. Mr. Anderson located the property on the map at 18th Street and Ayers; explained the proposed use of the property to extend the existing building 100° to house the transport bakery trucks which will enter from 18th Street and the remain- ing 100' for parking; that 3 written notices have been received in favor of the change, and 1 opposed; and that the recommendation of the Zoning & Planning Com- mission was that the rezoning be approved for the entire tract. Mr. B. A. Peel, vice-president and general manager of Richter Baking Company, appeared in support of the application. No one else desiring to be heard, Mayor McDonald declared the hearing closed. Motion by Swantner, seconded by de Leon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and that Lots 1 through 8 and Lots 57 through 64, Block 1504, Port Aransas Cliffs be zoned "B-4" General Business District. Mayor McDonald read the application of Henton Construction Corp., for a change of zoning from "8-4" General Business District to "I-2" Light Industrial • Regular Council Meeting November 22, 1961 Page #4 District on "Renton Center", being a 2k, -acre tract located at 3902 South Port Avenue. Mr. Anderson located the property on the land use map; pointed out the use of the surrounding area; that one written return was received in favor of the application and none against; that the only property that could be affected by the change would be the La Armada Housing and that the attorney, Mr. Sorrell, had in- dicated his client did not object to the change; and that the recommendation of the Zoning & Planning Commission was that the application be approved. No one desiring to be heard, Mayor McDonald declared the hearing closed. Motion by de Leon, seconded by Young and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning of the 21 -acre tract located at 2902 South Port Avenue known as "Renton Center" be changed to "L-2" Light Industrial District. Mayor McDonald read the application of Dr. Roy W. Logan for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House Dis- trict on the East 86.2° x 227.3' of Tract 10, Resubdivision Part of Lots 3 & 4, David Brown Addition, being that property located 144' South of Baldwin Boulevard. Mr. Anderson located the property on the land use map; pointed out the surrounding zoning and uses; explained the proposed use of the property to move some buildings onto this site for apartment dwelling; stated that the adja- cent property owner was in favor of the application; that there were 3 written returns received against the application and one in favor; that the recommendation of the Zoning & Planning Commission was that the rezoning be approved. Commissioner de Leon observed that there was no provision for a utility easement or service alley for the back portion of the property, and felt that it would be spot zoning on the Cleo Street side. No one else desiring to be heard, Mayor McDonald declared the hearing closed. Motion by Swantner, seconded by Young that the recommendation of the Zoning & Planning Commission be concurred in, and that the zoning on the East 86.2' x 227.3° of Tract 10, Resubdivision Part of Lots 3 & 4, David Brown Addition • • Regular Council Meeting November 22, 1961 Page #5 be changed to "A-1" Apartment House District. On roll call vote Mayor McDonald, Commissioners Swantner, Maldonado, Roberts and Young, voted "Aye", and Commissioners de Leon and Barnard voted "Nay", and Mayor McDonald declared the motion had passed. Mayor McDonald called for the City Manager's reports. Motion by Roberts, seconded by Swantner and passed that the recommenda- tions and requests of the City Manager be approved and granted, as follows: a. That authority to advertise for bids to be received on December 6, 1961, on Heavy Equipment consisting of one l'k yd. Tractor Shovel and one Spreader Box, and an alternate of one 1'k yd. Tractor Shovel, plus a guaranteed maximum maintenance cost for a period of 4 years, be granted; b. That authority to advertise for bids to be received on December 6, 1961, on 328° of 30" Galvanized Corrugated Casing, be granted; c. That the regular Tax Error & Correction List for October, 1961, and the special Tax Error & Correction List for November, 1961, be approved; d. That the establishment of a new Utilities Pay Station at 3222 South Port Avenue be approved; e. That acceptance and final payment of Estimate #4 in the amount of $29,682.37 to Heldenfels Brothers for construction of the Salt Flats Storm Sewer, be approved; f. That a right -orf -way deed from the Board of Trustees of the Corpus Christi Independent School District, conveying a strip of land along the East side of Mary Carroll High School property to the City for street purposes, be accepted; g. That the date of December 13, 1961, during the regular meeting, be set for public hearing on 3 zoning applications, and the date of December 20, 1961, during the regular meeting, be set for public hearing on 2 zoning applications; h. That the date of December 6, 1961, during the regular meeting, be set for public hearing on the proposed closing of a portion of Highland Street at the intersection of Osage Street and Morgan Avenue. City Manager Whitney reported that in accordance with provisions of Article V, Section 17 of the City Charter, following the resignation of Thomas B. Murphy,.he Director of Finance, he had caused an audit to be made of Mr. Murphy's accounts of the City, and presented a letter dated November 20, 1961, signed by • • Regular Council Meeting November 22, 1961 Page #6 Roy Doughty, of Doughty & Company, to the effect that they found no evidence that Mr. Murphy was indebted to the City of Corpus Christi, and that all transactions and accounts checked appeared proper, and nothing of a questionable nature was noted. (See Council Exhibit #15 in File) Mayor McDonald ordered that the foregoing be entered in the minutes and be made an Exhibit of this City Council meeting. This was done. ORDINANCE NO. 6339 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A MEM RANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RUBEN R. CASTRO FOR THE PURPOSE OF ACCEPTING PAYMENT OF FILLS OWED TO THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF PUBLIC UTILITIES, BEGINNING DECEMBER 3, 1961, UNTIL TERMINATION UPON DEFAULT OR REMOVAL FROM THE LOCATION OF 3222 SOUTH PORT AVENUE BY THE APPOINTEE HEREIN AS HEREIN PROVIDED, FOR AND IN CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORD- ANCE WITH SAID AGREEMENT, 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: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". The foregoing ordinance was passed by the following vote; Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". ORDINANCE NO 6340 APPROPRIATING OUT OF NO. 230 BRIDGE REMOVAL BOND FUND, THE SUM OF $21,889.69 TO REIMBURSE 104 WATER FUND, ACCOUNT 2529, FOR COST OF PIPELINE RELOCATIONS IN CON- NECTION WITH THE RAILROAD RELOCATIONS AND CONSTRUCTION ON UPRIVER ROAD AND AT THE HIGHWAY NO. 9 OVERPASS, AS A PART OF THE OVERALL BRIDGE REMOVAL AND RELOCATION PROJECT, APPLICABLE TO PROJECT NO. 230-55-7, A DETAILED STATEMENT OF WHICH HAS BEEN FURNISHED BY THE SUPERINTENDENT OF THE WATER DIVISION, APPROVED BY THE DIRECTOR OF PUBLIC UTILITIES AND DIRECTOR OF PUBLIC WORKS, 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: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swamtner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". Regclar Council Meeting Noveriter 22, 1961 Page #7 AOTHORIZINC AND :la '1 ME CHRISTI, TO ACGEPT AN EASEMEN: SAID EASEMENT- BEING DESCRiPED IN LENGTH AND BEING THE MRTE BOHEMIAN COLONY LANDS, ALL AS IS ATTACHED BERM AND, MADE A ORDINANCE NO. 6341 CL TT MANAGER, TOR AND ON BEHALF OF 3E CITY OF CORPUS :MOM 7.E3 G3RP2S CHRISTI INDEPENDENT SCHOOL DISTRICT AS. A TRACT OF ..:AND 30 FEET IN WIDTH AND 2,601.87 FEET 21 FEET OT THE NORTH 1/2 OF LOT 3, SECTION 2 OF THE WIRE FULLY DESGRIRED IN THE EASEMENT, A COPY OF WHICH PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta and Young, voting "Aye. The foregoing ordinance was passed by the followirg vote: Mayor McDonald, Commissioners Swentner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6342 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE SALT FALTS STORM SEWER, UNIT 1, PRO- JECT NO. 295-56-13, AS PERFORMED BY THE COICRACTOR, FELDENFELS BROTHERS, UNDER THEIR CONTRACT DATED jUNE 16, 1961, AUTHO IZED BY ORDINANCE NO. 6175; AU7HORIZING PAY- MENT OF FINAL ESTIMAT.E NO. 4 IN THE AMOUNT OE $29,682.37, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAZMENT TO BE MADE FROM REMAINING NO. 295 STORM SEWER BOND FUNDS PREC7/GIISLY APPROPRIATED FOR THIS PROJECT MW DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta and Young, voting "Aye". The foregoing ordinance was passed by the following vote, Mayor McDonald, Commissioners Swantnsr, Barnard, de Leon, Maldonado, Roberts and Toung, voting "Aye". ORDINANCE NO. 6343 THIRD READING OF AN ORDINANCE AMENDING SECTION 21-156 OP THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BR ADDING THERETO TWO NEW ITEMS, TO EE DESIGNATED AS ITEM 9 AND ITEM 10, RESPECTIVELY, SO AS TO FORBID THE STOPPING, STANDING OR PARKING OF VEHICLES ON LIPAK STREET, BETWEEN UPPER BROADWAY AND 19TH STREET, ON THE SOUTH SIDE FROM 1 TO 9 A.M. AND ON IRE NORTH SIDE FROM 4 TO 6 P.N.; PROVLO:NS FOR PaLICATION. The foregoing ordinance wae read for the third time and passed finally by the following vote: Mayor McDonald, Commissioners awamtner, Barnard de Leon, Maldonado, Roberts amd Young, voting "Aye", ORDINANCE No. 6344 AUTHORIZING THE CITY MANAM TO EXECUlt FOR AND ON BEHALF OF THE CITY AN AGREEMENT WITH PERRY MELTON FOR SETTLEMENT OF ALL CLAIMS AND CONTROVERSIES BETWEEN FERRY MELTON AND TEE CHI 03 CORPUS CHRISTI SY THE AGREEMINT OF THE CITY TO CLOSE A PORTION OF HIGHLAND STREET, FORMERLY Kam AS OLD PROWNSVTLLE ROAD, AT ITS INTER- SECTION WITH MORGAN STREET AND CONTFRANCE OF SAID AREA 50 PERAT MELTON AS THE • Regular Council Meeting November 22, 1961 Page #8 ABUTTING PROPERTY OWNER OF LOT 1, BLOCK 24, MEADOW PARK ADDITION, IN CONSIDERA- TION OF THE CONVEYANCE TO THE CITY OF A PORTION OF LOT 1, PATRICK GARDENS ADDI- TION TO THE CITY OF CORPUS CHRISTI ABUTTING ON MORGAN STREET AND A STRIP 15 FEET IN WIDTH OFF OF THE EASTERN SIDE OF SAID PATRICK GARDENS ADDITION TRACT FOR THE WIDENING OF MOHAWK STREET, PROVIDING FOR SETTLEMENT OF DELINQUENT TAXES AND ADJUSTMENT OF PAVING ASSESSMENT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote Mayor McDonald, Commissioners Swartner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". RESOLUTION NO. 6345 HONORING THE RIGHT REVEREND ALFRED HOENIG OF THE ORDER OF SAINT BENEDICT OF THE NEWLY CREATED CORPUS CHRISTI ABBEY BEING RAISED TO THE DIGNITY OF ABBOT BY HIS HOLINESS, POPE JOHN XXIII; DECLARING AN EMERGENCY, The Charter rule was suspended by the following vote z Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing Resolution was passed by the following vote z Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye", SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH ROY smrsii, COVERING 28.51 ACRES OF LAND SITUATED IN NUECES COUNTY, TEXAS, SOUTH GUTH PARK, ON THE WATERS OF THE OSO BAY, ABOUT 8 MILES SOUTH. 25° EAST FROM THE COUNTY COORT HOUSE, FOR FARMING AND AGRICULTURAL PURPOSES, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT, SAID AGREEMENT BEGINNING SEPTEMBER 1, 1961, AND END/NGArUST 31, 1962. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". SECOND READING OF AN ORDINANCE GRANTING TO RED TOP CAB COMPANY A F/VE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES 03 THE CIT OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald ahatained; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". Regular Council Meeting November 22, 1961 Page #9 SECOND READING OF AN ORDINANCE GRANTING TO STAR CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald abstained; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". SECOND READING OF AN ORDINANCE GRANTING TO KING CAB CO., INC., A FIVE YEAR FRAN- CHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald abstained; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". SECOND READING OF AN ORDINANCE GRANTING TO CORPUS CHRISTI TRANSPORTATION COMPANY, A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXI- CABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald abstained; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". In connection with the following reading of a proposed ordinance, Howard Sudduth, attorney for Corpus Christi Transportation Company, suggested that this reading be deferred until a public hearing or study was made as to whether or rot a convenience or public necessity was being served by the establish- ment of another taxicab company not presently in operation. Mr. Sudduth was requested to present this material in writing to the City Manager, and that it will be considered in the Staff Study of the Taxicab operation, which in turn will be submitted to the Transportation Committee for study and recommendation. FIRST READING OF AN ORDINANCE GRANTING TO INLAND LIMOUSINE SERVICE, INC., DOING BUSINESS AS INLAND CAPS, A FIVE YEAR FRANCHISE IN THE FCRM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROJED EY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING ZAXICA3S ON AED OVER THE PJBLIC STREETS, ALLEYS AND PUBLIC THOROUGH- FARES OF THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its 'ng by the following vote: Mayor McDonald abstained. Commissioners Swantr:er, Barnard, de Leoa:. Maldonado and Young voting "Ave"; Commissioner Roberts voted "Nay". Regular Council Meeting November 22 1961 Page #10 No one appeared in answer to the Mayor's invitation to anyone in the audience with petitions or information en matters not scheduled on the agenda to come forward and be heard. There being no further business to come before the Council, the meet- ing was adjourned.