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HomeMy WebLinkAboutMinutes City Council - 11/29/1961PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swentser Dr. Janes L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young RE LAR COUNCIL M.c^N ZING November 29, 1961 2:00 P.M. City Manager Herbert W. Whitney City Attorney 1. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend Harold T. Branch, Pastor of St. John Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald, welcomed the following representatives of the Student Council of Solomon Coles Leigh School and their sponsor as special guests of the City Council, and presented them with Certificates of Attendance: Betty Walker, Woodson Williams, Nathaniel Hosey, Margaret Bell, and Lillian Hodge. Motion by de Leon, seconded by Young and passed that the minutes of the regular meeting of November 22, 1961, be approved as furnished to the Council. Motion by Swantner, seconded by de Leon and passed that the following appointments and/or reappointments to Boards and Committees be made and approved: Board of Adjustment: Sam Perkins, to fill unexpired term of Henry Knolle, resigned, and to become an alternate member of the Board with Celso Moreno becoming the regular member; Building Code of Appeals: Joe L. Williams; - Building Standards Commission: Wesley Hammonds; Harris Evans; Harvey J. Fry, Jr'., reappointment; and Leland. Ross; Citizens Advisory Health & Welfare Board: Mrs. Seth Hall; Dr. Dwight Ewing; and Aubrey L. Carter, Jr., to fill unexpired term of Mrs. Charles Watson, resigned; City Solicitations Commission: Henry O. Schlenk, reappointment; William D. Bonilla; and Mrs, Vera Holeman. Certificates of Appointment were presented to each of the foregoing. Motion by Barnard, seconded by de Leon and passed that the members of the foregoing boards and committees whose terms have expired be commanded for their fine service to the City. Regular Council Meeting November 29, 1961 Page 2 Dr. Edwin Connor of Parkview General Hospital, appeared before the Council in connection with the problems which have arisen over the requirement of a fence between the building and the residential property on Barnes Street. He presented a letter, which Mayor McDonald read, explaining why the fence has not yet been built. (See Council Exhibit #16 in File). In order to clear up some misunderstandings that have arisen, the Council discussed with Dr. Connor the conditions under which the zoning for the construction of the hospital was granted, the labor problem which has arisen, the fact that it was the plumbers on the Job, and not the City, who had turned off the water at the hospital, and the concern of the residents who had appeared at the Monday night Workshop Session over the fact that the required fence between the hospital building and the residential property on Barnes Street has not been built. Dr. Connor explained that he would start construction of the fence in keeping with the design of the hospital building in the morning, and requested that he be issued a Certificate of Occupancy. The matter was referred to the City Manager to handle as an aamintatrative matter. Mayor McDonald called for 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 of Estimate #3 in the amount of $16,828.03 to H & H Concrete Construction Co. for construction of H. E. Butt Pool Parking Lot and Improvements to Shely and Pig Streets, be approved, and that a 10 -day extension of contract time for completion of the project be granted; b. That an appropriation in the amount of $4,671.00 for architectural services of Jack Rice Turner in connection with the proposed Fire Station Re- placement on Corpus Christi Beach, including soil explorations, laboratory testing, legal advertising and contingencies, be granted; c. That reimbursement of Sewer Construction Operating Funds in the amount of $32,348.09 covering expenditures from Aug. 1, 1961, through Sept. 30, 1961, in connection with Molina Sanitary Sewer Laterals, be approved. d. That authority to advertise for bids to be received on Dec. 20, 1961, on Automotive Equipment, be granted; • Regular Council Meeting November 29, 1961 Page 3 e. That the award of bid on 51 Lubricated Plug Valves in sizes from 2" to 8" be made to Wallace Co., Inc., the low bidder meeting specifi- cations, for a grand total less discount of $2,124.52; (See Bid Tabulation #61 in File) f. That the term of appointment for members of the Oso Area Study Committee be extended for 12 months. ORDINANCE NO. 6346 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE H. E. BUTT POOL PARKING LOT AND IMPROVNTS ON SEELY AND FIG STREETS, PROJECT NO. 220-61-69.1, AS PER- FORMED BY THE CONTRACTOR, H & H CONCRETE CONSTRUCTION COMPANY, UNDER THEIR CONTRACT Willi TRF CITY DATED AUGUST 16, 1961, AUTHORIZED BY ORDINANCE N0. 6252; AUTHORIZING PAYMENT OF FINAL ESTIMATE N0. 3 IN THE AMOUNT OF $16,828.03, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 111 TRUST FUND, PARK AND RECREATION DEPARTMENT ACTIVITY N0. 4122, CODE 502 MW NO. 220 STREET BOND CONSTRUCTION FUND, SAID FUNDS HAVING RRF.N PREVIOUSLY APPROPRIATED; APPROVING A 10 -DAY EXTENSION OF CONTRACT TIME FOR COMPLETIION OF THE AFORESAID PROJECT; 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 " Rae" . The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye'. • ORDINANCE NO. 6347 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, ANY AND ALL AGREEMENTS, CONTRACTS AND/OR FORMS WHICH MAY BE REQUIRED BY THE SPATE OF TEXAS THROUGH THE TEXAS HIGHWAY DEPARTMENT FOR THE REIMBURSEMENT TO THE CITY OF 50% OF ALL COSTS, AND WHEN THERE WILL BE NO REIM- BURSEMENT TO THE cur OF ti0% OF ALL COSTS, FOR THE RELOCATING, CHANGING RE- ARRANGING, REPA RING AND CONSTRUCTION OR REMOVAL OF UTILITY FACILITIES OWNED BY THE CITY OF CORPUS CHRISTI, WHICH ARE NECESSITATED BY THE CONSTRUCTION OF HIGH- WAY 286, RELOCATED, BY THE STATE OF TEXAS; AND DECLARING AN EMERGENCY. The :;hurter 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 Swan`„ner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". ORDINANCE N0. 6348 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BHS4LF OF THE CITY OF CORPUS CRRISiI, TO EKECUTE A CONTRACT WITH JACK RICE TURNER FOR ARCHITECTURAL SERVICES TO BE FURNISHED IN CONNECTION WITH THE PROPOSED FIRE STATION TO BE ERECTED ON 005505 CHRISTI BEACH, PROJECT' NO. 212.53-6, ALL AS MORE FULLY •Reular Council Meeting November 29, 1961 Page 4 • DESCRIBED IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING 0TJ'? OF N0. 212 FIRE STATION POND FUM: THE SUM OF $4,671.00 OF WHICH AMOUNT 4,020.00 IS FOR ARCHITECTURAL FEES AND $651.00 is FOR SOIL EXPLORATIONS, LABORATORY TETING, LEGAL ADVE<R.T':SINCGLND%OR CONTINGENCIES; AND DECLARING AN EM..ERGENCY. 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 Swantner, Barnard., de Leon, Maldonado, Roberts and Young voting "Aye". ORDINANCE NO. 6349 APPROPRIATING $32,348.09 OUT OF NO. 250 SANITARY SEWER BOND FUND TO COVER THE COSTS OF CONSTRUCTION Or MOLINA AREA SANITARY SEWER LATERALS, PROJECT NO. 250- 61-13, CONSTRUCTED BY CIT FORCES; AUTHORIZING BEMBURSEMENT OUT OF THIS APPRO- PRIATION FOR FUNDS EXPENDED OUT OF N0. 109 SEWER FUND AS PROVIDED IN Prim 1961- 62 BUDGET; 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. 6350 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOt-m ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ. OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106 PASSED AND APPROVED ON TEE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP FY CHANGING THE ZONING OF LOTS 1 THROUGH 8, AND LOTS 57 THROUGH 64, BLOCK 1504, PORT ARANSAS CL.L?yS, AN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, FROM "R -1B" ONE FAMILY DWELL- ING DISTRICT TO "B-4" GENZ{AL BUSINESS DISTRICT; AND CHANGING THE ZONING OF THE 22 ACRE TRACT LOCATED AT 3902 SOUTH PORT AVENUE, KNOWN AS "RENTON CENTER" FROM "B-4" GENERAL BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT: KEEP- ING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; RE- PEALING ALL ORDINANCES IN CONFLICT HE.REWI1.'!i; 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". Regular Council Meeting November 29, 1961 Page 5 • THIRD READING OF AN ORDINANCE FORBIDDING ALL PERSONS CONSTRUCTING, FURNISHING, MAINTAINING AND SERVICING CHEMICAL PORTABLE TOILETS AND ALL PERSONS TRANSPORTING CHEMICAL PORTABLE TOTLFTS OVER THE PUBLIC STREETS, ALLEYS OR THOR- OUGHFARES OF THE CITY FOR UTILITY SERVICE IN LIEU OF PERMANENTLY INSTALLED SEWERS, WITHOUT HAVING FIRST OBTAINED A FRANCHISE FROM THE CITY; PROVIDING THAT ALL FRANCHISES SHALL BE ON SUCH TERMS AND CONDITiONS TO BE DETERMINED BY THE CITY COUNCIL; PROVIDING FOR PENALTY; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR FUMIGATION. Marshall Boykin, III, attorney, objected to the passage of the fore- going ordinance on the basis that such a business is not a public utility and the use of public property in this connection is only in getting to and from places of operation and is not, in his opinion, a proper function of govern- ment and is another step toward government regulation of business. Mayor McDonald excused himself frau the meeting for a few minutes, and turned the Chair over to Mayor Pro Tem Swantner. Howard Sudduth, attorney, suggested that the same control and regu- lation of the business could better be maintained by requiring a permit or license in order to conduct this type of business, with an annual license fee which would cover periodic sanitary inspection and regulation. Jack Davis, who presently is seeking a franchise for conducting this type of business, and who requested the passage of the foregoing ordinance, was present. Motion by Barnard, seconded by Roberts and passed that the third reading of the foregoing ordinance be tabled. Mayor McDonald returned to the meeting and resumed the Chair. SECOND READING OF AN ORDINANCE GRANTING TO INLAND LIMOUSINE SERVICE, INC., DOING BUSINESS AS INLAND CABS, A FIVE YEAR FRANCHISE IN THE FORM DE- SCRIBED 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 THF CITY OF CORPUS CHRISTI. There followed a discussion as to whether or not the foregoing pro- posed ordinance should be read for the second time at this meeting or whether it should be deferred for further study. Commissioner de Leon suggested that the second reading be deferred until the Council has received the report and recommendation of the Public Transportation Committee on the overall transportation situation in the City. Commissioner Swantner felt that the proposed ordinance could be read at this time, and that the third and final reading could be delayed until the Council had an opportunity to receive and study the report of the Public Trans- portation Committee. SRegular Council Meeting November 29, 1961 Page 6 J. B. Kimble, attorney for the Inland Limousine Service Co., Inc., and the Inland Cabs, urged the passage of this ordinance on second reading at this time so as to put it on equal footing with the other 4 taxicab companies presently operating in the City. Howard Sudduth, attorney for C. C. 'Transportation Co., urged that the second reading be deferred as suggested by Commissioner de Leon, and pointed out that there were 4 taxicab companies presently operating in the City and serving the public's needs for transportation, and that the reading of this ordinance for a second time at this meeting would not serve the public in any way. Hector de Pena, attorney representing Victor Moreno, DBA Red Top Cab Co., Joe Garza, and Lonnie King of King Cab Co., all spoke in opposition to the passage of the foregoing proposed ordinance. Motion by de Leon, seconded by Maldonado and passed, with Mayor McDonald not voting due to his having previously represented the applicant as a private attorney, and Commissioners Swantner and Young voting "Nay", that the foregoing second reading of the propcsed ordinance be deferred. City Manager Whitney presented a re -plat of Carmel Village Shopping Center which complies with all of the requirements and conditions contained in the action of the City Council on July 6, 1961, in granting a change of zoning for Lots 1 through 7, inclusive, of Block 1, Carmel Village, from "R -1B" to "B-1", and recommended that the ordinance granting such change of zoning be read and passed at this meeting of the Council. ORDINANCE NO. 6351 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND _'RESOLUTION RECORDS, AS AIMED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED'0N THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS 1 THROUGH 7, INCLUSIVE, OF BLOCK 1, CARMEL VILLAGE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN ON THE PLAT DATED NOVEMBER 18, 1960, AND RECORDED IN VOL.°���1°L��23, PAGE 64 OF THE PLAT RECORDS OF NUECES COUNTY AND RE - PLATTED THE 17TH Y OF N0 EMIER., 1961, AS PA..*' OF THE CARMEL VILLAGE SHOPPING CENTER ON THE PLAT RECORDED, IN VOL. 24, PAGE 52 OP THE PIAT RECORDS OF NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" BUSINESS DISTRICT; KEEPING IN EF.1E'.T ALL OTHER PROVISIONS OFF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN C0 LICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Bar -raid, de Leon, Maldonado, Roberts and Young voting Regular Council Meeting • November 29, 1961 Page 7 The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". Mayor McDonald asked that it be noted that Mayor Pro Tem Swantner had been awarded "Outstanding Young Man of the Year" by the Jaycees of Corpus Christi, and congratulated him on the honor and recognition which he felt he so well deserved. Mayor Pro Tem Swantner reported that he had greeted two visitors from Bangkook, Thailand, Mr. Jaiya Pitipala and Mr. Aron Pancharoen, and had presented them with Honorary Citizen of Corpus Christi certificates and Keys to the City. These gentlemen are visiting various parts of this country un- der the auspices of the U.S. Department of State, with particular interest in communications. Mayor McDonald called for petitions or information from the audience on matters not scheduled on the agenda. The request of the Del Mar Student Council for the widening and levelling of Naples Street between Baldwin Boulevard and Kosar Street was read, and referred to the City Manager for recommendation. (See Petition #16 in File). Mayor McDonald read a request from Mrs. Griffith that the owners of the old car lots on Robstown Road be requested to build a high wall or redwood fence to screen the unsightliness of the properties from the highways into the City. The matter was referred to the City Manager. Commissioner de Leon reported that the Red Carpet Committee had to- day met a gentleman from Spain, Pedro Rodriguez, who is sponsored by the Cotillion Club, and that he had greeted him, presented him with an Honorary Citizen of Corpus Christi certificate, and a Key to the City. Mr. Rodriguez is an international clothes designer, and creates the clothes worn by Spanish Royalty. There being no further business to come before the Council, the meet- ing was adjourned.