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HomeMy WebLinkAboutMinutes City Council - 12/06/1961PRESENT: Mayor Pro Tem Tom R. Swantner Commissioners: Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young REGULAR COUNCIL MEETING December 6, 1961 2:00 P.M. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Tom R. Swantner called the meeting to order. The Invocation was given by the Rt. Rev. Msgr. Michael Adams, Pastor of Our Lady Star of the Sea Catholic Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Young and passed that the absence of Mayor Ben F. McDonald be excused for cause. Mayor Pro Tem Swantner welcomed the following representatives of the Student Council of Corpus Christi Academy and their sponsor, Father Augustine, as special guests of the City Council, and presented them with Certificates of Atten- dance: Michael McMahon, Ronnie Mendleski, Dennis Robinson, and Dennis Link. Motion by de Leon, seconded by Roberts and passed that the minutes of the regular meeting of November 29, 1961, be approved as furnished to the Council. Mayor Fro Tem Swantner announced the opening of bids. Bids were opened and read on Street Resurfacing Contract No. I, Upper Broadway and Other Uptown Streets from the following: Heldenfels Brothers; and South Texas Construction Co. Motion by Young, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 2 items of Heavy Equipment, consisting of a Spreader Box, and a Tractor Shovel, and an alternate bid on the Tractor Shovel to include a guaranteed maximum maintenance cost, from the following: Anderson Machry. Co. (Corpus Christi); Jim Dulaney Machry. Co. (San Antonio); Dulaney Service Co. (San Antonio); Girard Machry. & Supply Co. (San Antonio); B. D. Hold Co. (Corpus Christi); Industrial Mach. Co. (Houston); Jess McNeel Machry. Co. (Corpus Christi); Mooney Equipment Co. (Corpus Christi);. Pearce Equip. Co. (Corpus Christi); Regular Council Meeting December 6, 1961 Page #2 Thurmond Rental & Sales Corp. (San Antonio); and The Roy Klossner Co. (Corpus Christi). • Motion by Roberts, seconded by Maldonado and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Commissioner Barnard requested that the City Manager provide the Council with figures on the maintenance costs on this type of equipment in the past. Bids were opened and read on 328' of 30" Corrugated Casing of 2 types, from the following: Alamo Iron Works (Corpus Christi); Armco Drainage & Metal Products (Corpus Christi); Brown Supply Co. (Odem); and Wyatt Industries, Inc. (Corpus Christi). Motion by de Leon, seconded by Young and passed that the foregoing bids be tabled for 48 hours as required by the City Charter, and referred to the City. Manager for tabulation and recommendation. Mayor Pro Tem Swantner asked if any of the Council desired to discuss further the pending item of the application of Dr. Roy W. Logan for a change of zoning from "R -1B" to "A-1" on the East 86.2' x 227.3' of Tract 10, Resubdivi- sion Part of Lots 3 & 4, David Brown Addition, on which item public hearing had been held and closed on November 22, 1961. None of the Council desired any dis- cussion. Mayor Pro Tem Swantner requested that the City Manager present an ordinance reflecting the Council's action of November 22, 1961, for approval at the next Council meeting. Mayor Pro Tem Swantner announced the public hearing on the application of V. L. Rossi for a change of zoning from "A-1" First Apartment House District to "B-4" General Business District on Lot 11, Block 2, Furman Addition, being that property located at 522-524 Hancock Street. Ed Shaw, Zoning Coordinator, located the property on the use map, pointed out the surrounding zoning and use of properties, showed a sketch of the present development of the property and the parking facilities, and stated that the Zoning & Planning Commission recommended that the application be denied. Ed Williams, attorney representing the applicant, presented a sketch of the surrounding area, traced from Brace's Block Map Book, showing the zoning Regular Council Meeting December 6, 1961 Page #3 and use of the properties in the area; and urged that the zoning be granted as an extension of existing zoning on the basis that it was the highest and best use of the property; tnat it was not spot zoning but an extension of the "B-4" zoning across the street;thatthe usual objection to "B-4" zoning based on fear of the establishment of a tavern or beer joint cannot apply since State Law prevents the sale of alcoholic beverages within the vicinity of existing churches, of which there are 3 in the immediate neighborhood; that the increase in volume of traffic occasioned by the one-way street pattern for Tancahua and Carancahua Streets and proposed future extension of same to Booty and then Louisiana will make the area untenantable for residences; that tnere is a redwood fence and a vacant lot between the applicant's property and the adjoining residence, and a 22' paved alley between the applicant's property and tiie residences which face Water Street, thus providing a buffer for any business established on the applicant's property; and that in any event, the 6 objectors to the change in zoning cannot for long stop business development of the property, since it is virtually in the Downtown business area. A. H. Hurst, real estate businessman, appeared in support of the appli- cation, and stated that the granting of the requested zoning would enhance the value of the surrounding property. Miss Mary Carroll, 910 South Carancahua Street, speaking for herself and her sister, Mrs. Katherine Taylor, owners of Lots 9 & 10, Block 2, Furman Addition, the adjoining property, spoke in opposition to the requested zoning on the basis of the increase in already congested traffic, the type of businesses permitted in the "B-4" classification which would be definitely objectionable to nearby residences, and that it would reduce the value of their property and would not improve existing conditions in the neighborhood, and further stated they had not opposed a previous request of the applicant for "AB" Professional District. Mrs. E. L. Caldwell, 911 Ocean Drive, speaking for herself and for E. L. Caldwell, Jr. and F. Clay Caldwell, Mrs. C. J. Howard, and S. L. Allison, all property owners in the immediate area, spoke in opposition to the requested zoning on the basis that the applicant had not established any need for the change, that the requested change would be spot zoning, that the new type of zoning would Regular Council Meeting December 6, 1961 Page #4 not enhance the value of buildings already existing in the neighborhood, that the majority of the taxpayers in this "A-1" District are opposed to the "S-4" change, that it would decrease the value of the residential property, create a greater traffic hazard and cause additional congestion and trash in the 22' alleyway or driveway at the side of Lot 11 and directly behind Lots 1, 3, 4, 5, 9 and 10 which is their only approach for service. All those desiring to speak on the foregoing application having been heard, Mayor Pro Tem Swantner declared the hearing closed. Action by the Council was temporarilly deferred until the return to the meeting of Commissioner Young from an emergency phone call. Mayor Pro Tem Swantner announced the public hearing on the proposed clos- e portion of ing of/Highland Street at the intersection of Osage Street and Morgan Avenue. City Manager Whitney presented a map of the area proposed to be closed, and explained that approval of the closing would merely make legal ap act which had taken place 10 years ago when the street was closed by the erection of posts preventing use of this portion of the street. He explained further that there was presently in the street an 18' sanitary sewer line which, due to the depth and grade of the line, was not practical to attempt to relocate, and recommended that the proposed portion of the street be closed with the provision that a 10' ease- ment be retained for the protection of the sanitary sewer line. Dora Zapeda and Will Roberts each appeared in favor of the closing as being in the best interests of the City. J. S. Trimble, attorney representing the abutting property owner, was present in favor of the closing. No one else desiring to be heard, Mayor Pro Tem Swantner declared the hearing closed. Motion by Roberts, seconded by de Leon and passed, with Commissioner Young absent, that the portion of Highland Street at the intersection of Osage Street and Morgan Avenue be closed with the provision that a 10' easement be re- tained by the City for the protection of the sanitary sewer line, as recommended by the City Manager, and that an ordinance reflecting this action be presented at the next Council meeting. • Regular Council Meeting December 6, 1961 Page #5 Mayor Pro Tem Swantner called for the City Manager's reports. Motion by de Leon, seconded by Barnard and passed, with Commissioner Young absent, that the recommendations and requests of the City Manager be approv- ed and granted as follows: a. That the award of bid be made to Texcrete Company of Corpus Christi, the low bidder, for 645' of 48' Reinforced Concrete Pipe at $9.46 per foot, a total of $6,101.70; (See Bid Tabulation #62 in File) b. That the Delinquent Real Property Tax Accounts, which total $595,705.45 and Delinquent Personal Property Tax Accounts, which total $281,416.04, for a combined total of $877,121.49, be accepted and approved as the correct amount of Delinquent Property Taxes owed to the City at July 31, 1961, as recommended by Doughty and Co., the City's Independent Auditors; c. That the date of January 3, 1962, during the regular meeting, be set for public hearing on 4 zoning applications. Mayor Pro Tem Swantner announced the Council would take up the temp- orarilly deferred item of V. L. Rossi for a change of zoning, since Commissioner Young had returned to the meeting. Motion by Barnard, seconded by de Leon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the application of V. L. Rossi for a change of zoning from "A-1" to "B-4" on Lot 11, Block 2, Furman Addition, be denied. Mayor Pro Tem Swantner suggested that the interested parties confer with the Planning Department in an effort to arrive at a satisfactory solution to the applicant's problem. ORDINANCE NO. 6352 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $6,101.70, REPRE- SENTING THE COST OF 645 FEET OF 48" REINFORCED CONCRETE PIPE TO BE PURCHASED FROM TEXCRETE COMPANY PER BID RECEIVED NOVEMBER 22, 1961, PIPE TO BE USED FOR CONSTRUC- TION OF A STORM SEWER ON SOUTH STAPLES STREET BETWEEN BROCK AND BURKSHIRE DRIVES, DESIGNATED AS PROJECT NO. 295-61-34; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". • • Regular Council Meeting December 6, 1961 Page #6 The foregoing ordinance was passed by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young voting "Aye". ORDINANCE NO. 6353 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH MISSOURI PACIFIC RAILROAD COMPANY, FOR A PIPE- LINE CROSSING LICENSE GIVING THE CITY PERMISSION TO INSTALL A 16" WATER LINE UNDER RAILROAD RIGHT OF WAY AT CANTWELL LANE IN CORPUS CHRISTI, TEXAS, AS SHOWN ON THE MAP WHICH IS A PART OF SAID LICENSE, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT A UTILITY EASEMENT DEDICATION IN LIEU OF A PRE- VIOUS UTILITY EASEMENT DEDICATION, SAID EASEMENT TO BE GRANTED BY JOE M. SLOAN AND WIFE, AND BEING LOCATED NEAR THE INTERSECTION OF ROSEBUD STREET WITH DENVER AVENUE IN THE CITY OF CORPUS CHRISTI, AND AS MORE FULLY DESCRIBED IN THE EASEMENT GRANT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Mrs. W. R. Hubler requested that the foregoing proposed ordinance be de- ferred until her husband's return to the City next week to give him an opportunity to either approve or oppose this action, since it does affect his property and he had bought the property with full knowledge of the easement and its location. Motion by Barnard, seconded by de Leon and passed that the foregoing ordinance be tabled for 2 weeks. ORDINANCE NO. 6354 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH GUARANTY TRUST COMPANY, COVERING APPROXIMATELY 232 ACRES OF LAND SITUATED IN NUECES COUNTY, TEXAS, AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, BEING ALL THAT LAND NOT USED FOR AIRPORT PURPOSES IN FARM BLOCK N0. 21 OF THE J. C. RUSSELL FARM BLOCKS, FOR FARMING AND AGRICUL- TURAL PURPOSES, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THE LEASE AGREE- MENT ATTACHED HERETO AND MADE A PART HEREOF, SAID AGREEMENT BEGINNING UPON THE PASSAGE OF THIS ORDINANCE AND ENDING ON THE EXPIRATION OF ONE CROP YEAR; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". Regular Council Meeting December 6, 1961 Page #7 • FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUCCANEER DAYS COMMISSION COVERING THE PERIOD OF FIVE (5) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNI- CIPAL COLISEUM, THE USE OF SAID GROUND NOT TO EXCEED ELEVEN (11) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". Mayor Pro Tem Swantner called for petitions or information from the audience on matters not scheduled on the agenda. Jack Rice Turner, architect, appeared with Simon Grossman, developer of Carmel Village Shopping Center, requesting that they be allowed to lower the re- quired height of the buffer wall one foot thereby making the wall 350' long and 5' high instead of the 6' high on the basis of its more aesthetic appearance for both the shopping center and the residences across Carmel Parkway. The matter was referred to the City Manager for recommendation at next week's meeting. There being no further business to come before the Council, the meet- ing was adjourned.