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.
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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
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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
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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
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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
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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.