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HomeMy WebLinkAboutMinutes City Council - 12/20/1961REGULAR COUNCIL MEETING December 20, 1961 2:00 P.M. PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner City Manager Herbert W. Whitney Dr. James L. Barnard City Attorney I. M. Singer J. R. de Leon City Secretary T. Ray Kring M. P. Maldonado W. J. Roberts Jim Young Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Reverend William D. Moser, Jr., of St. Marks Lutheran Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Young and passed that the minutes of the regular meeting of December 13, 1961, be approved as furnished to the Council. Mayor McDonald announced the opening of bids, and excused himself to answer a phone call, temporarily turning the Chair over to Mayor Pro Tem Swantner. Bids were opened and read on 16 items of Automotive Equipment from the following: Lewis Boggus Motors, Inc.; Jim Brace Co.; Creveling Motor Co.; Ed Hoffman Motors; Bill Moyer Rambler Co.; Lew Williams Chevrolet Co.; and Interna- tional Harvester Co. 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. Mayor McDonald returned to the meeting and resumed the Chair. Mayor McDonald announced the public hearing on the application of C. D. Speed and others for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 25, 26, 39 and 40, Block 1600, Bay Terrace #2, formerly known as Port Aransas Cliffs Addition, being that property located 150' East of Morgan Street and fronting 50' on both 18th and 19th Streets. William Anderson, Director of Zoning & Planning, located the property. on the map between 18th and 19th Streets, directly behind Carpenters Hall; explain- ed that the 4 lots are presently being used for parking; pointed out the line of the proposed right-of-way the City will need to acquire for the widening of 19th Street in connection with the construction of the proposed Crosstown Expressway; Regular Council Meeting December 20, 1961 Page #2 and read the recommendation of the Zoning & Planning Commission that the appli- cation be approved subject to the retention in the "R -1B" classification of 25' of right-of-way needed for the widening of 19th Street. C. D. Speed, the applicant and trustee for the property, explained the plans to build a 45' warehouse addition for the grocery store and to provide more off-street parking; and that when the proposed over -pass is finished, they plan to erect a small building as an apprentice shop. W. C. Echols, business manager of Carpenters Local Union, spoke in favor of the application on the basis that with the widening of 19th Street and the opening of the freeway more off-street parking will be needed to protect the public; that the neighbors immediately adjoining the property are in favor of the re -zoning; and -that the retention of the 25' strip in the "R -1B" zoning classifi- cation is agreeable to the applicants. Clifton Lewis, 1318 - 18th Street, appeared in opposition to the re- zoning on the basis that he does not want business zoning across the street from residences; that there is limited parking on 18th Street; and that any change in the neighborhood zoning should be made after the -construction of the Crosstown Expressway. The written returns, both for and against, were read and noted, and no one else appeared to be heard. Mayor McDonald declared the hearing closed. Motion by Swantner, seconded by Maldonado and passed that the recom- mendation of the Zoning & Planning Commission be concurred in, and that the zon- ing of Lots 25, 26, 39 and 40, Block 1600, Bay Terrace #2, be changed from "R -1B" to "B-4" with the exception of the 25' of the Lots fronting on 19th Street which is to remain Mayor McDonald announced the public hearing on the application of Robert R. Vaclavik for a change of zoning from "B-1" Neighborhood Business Dis- trict to "B-4" General Business District on Lot 19, Block 2, Mahan Acres, being that property located at 4818 Kostoryz Road. Mr, Anderson located the property on the map; explained that the applicant desires to use the property for a used car lot which operation he had • Regular Council Meeting December 20, 1961 Page #3 - discontinued at the request of the Inspection Department; and that the recommenda- tion of the Zoning & Planning Commission was for denial since it would be spot zoning. Robert R. Vaclavik, 4814 Kostoryz, the applicant, presented a sketch of the area and snapshots and pointed out several non -conforming businesses in the area such as filling station with washrack and garage, Playroom and Lounge, drive-in beer, grocery store with beer parlour in back, electrical warehouse; and stated that most of his neighbors had supported his application, and that he planned to have 4 or 5 cars for sale with just prices on the windshields. It was noted that 7 people had appeared in favor of the application at the Zoning Commission hearing and none against, and that there had been 3 written returns in favor of this application and none against. Mayor McDonald suggested that the application be taken under advise- ment for study as to how the operation can be permitted without being spot zoning. Motion by Roberts, seconded by Swantner and passed that the hearing be closed, and the matter taken under advisement for recommendation of the Legal Department and the Planning Department as to a method for permitting this operation, and further that the Legal Department advise the Council as to the difference between a parking lot and a used car lot. Mayor McDonald announced the Council would consider the matter of a proposed ordinance amending the City Code, 1958, by adding certain sections to pro- vide regulations for the transportation and disposition of oyster shells. The proposed ordinance was discussed at length with relation to the application of D. E. Wicker, Jr., and others for a change of zoning from 'B-4" to "1-2" on Blocks 411 and 414, of Brooklyn Addition, in order to permit the re-estab- lishing of the Lone Star Fish & Oyster Company's operation on this portion of Corpus Christi Beach. Mayor McDonald stated the Council does not want to block the establishing of any industry in Corpus Christi, but at the same time must protect the rights of its citizenry; explained that it is proposedtobuild a channel to Rincon Point part of which will be for the concentration of the fish- ing industry at that point; and suggested that a temporary zoning be granted for • Regular Council Meeting December 20, 1961 Page #4 5 years to permit this oyster operation, subject to review at the end of that period, and that in the anticipation that it would then be desirable for this operation to move to Rincon Point, that the property then revert to the 15-4" classification. Milton Walton, attorney, and Dewitt Walters, manager of the Lone Star Fish & Oyster Company, reviewed their reasons for supporting the re -zoning, but stated that they would be willing to accept the 5 -year temporary zoning with the right of review, and that with a few minor changes, the proposed ordinance was acceptable. Dr. Metzger, Director of Public Health & Welfare, and Harry Markle, Sanitation Officer, stated they could see no reason why this industry could not operate without objection from a health standpoint under the proposed regulatory ordinance. Letters in opposition to any re -zoning of the property in question were read and noted from Jack Davis, Bob Sowers, and F. A. Walton, pastor of C. C. Beach Baptist Church; and Mrs. Vera Cunningham, president of C. C. Beach Women's Club, stated they would be willing to accept the granting of a special Council permit for this operation for a 5 -year period with the right of review, but did not favor any re -zoning of the property. Motion by Swantner, seconded by Barnard and passed that action on the proposed ordinance regulating the transportation and disposition of oyster shells, and on the proposed ordinance changing the zoning from "B-4" to "I-2" on Blocks 411 and 414, of Brooklyn Addition, be deferred, and that the Legal Staff and the Planning Staff work out a suitable 5 -year trial period for this operation with the proponents and opponents for the Council's consideration. Commissioner Swantner suggested that each member of the Council per- sonally inspect the area involved before voting on either of the foregoing ordinances. Mayor McDonald called for the City Manager's reports. Motion by Barnard, seconded by de Leon 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 proposed construction Regular Council Meeting December 20, 1961 Page #5 of the Parkdale Plaza Branch Library be approved, and that authority to advertise for bids to be received on January 24, 1962, be granted; b. That authority to advertise for bids to be received on January 10, 1962, on an estimated 3 -months' Fuel Requirements be granted; c. That acceptance and final payment of Estimate #4 in the amount of $3,844.84 to H & H Concrete Construction Company for the construction of the Horne Road Bridge project be approved; d. That acceptance and final payment of Estimate #14 in the amount of $3,074.63 to Bur -Tex Constructors for construction of the Airport Ditch Storm Sewer Unit I be approved, and that the sum of $4,035.25 be retained from the total cost, pending settlement of a claim by Texas Mexican Railroad for damages done to its railroad bridge which crosses this project; e. That the award of bid on Heavy Equipment be made on the basis of the low bids meeting specifications to Thurmond Rental & Sales Corp., for one 9' Spreader Box for $2,450.25; and to The Roy Klossner Company for one Tractor Shovel, Trojan Model 114 Special for a total less trade-in on Equipment $180, of $9,801.00; for a grand total of $12,251.25; (See Bid Tabulation #63 in File) f. That the engineering contract of Harrington & Cortelyou relative to the Bridge Removal Project be extended from January 20, 1962, to such time as they complete the final engineering report for submission to the Army Corps of Engineers; g. That authority to negotiate for the purchase of 15 parcels of land at a cost not to exceed $122,450.00 for right-of-way required by the State of Texas for the Crosstown Expressway, Highway 286 Relocated, be granted, and that said amount be appropriated for said acquisition; h. That the proposal of Mr. W. A. Dorris and Mr. R. P. Kelley be accepted in connection with the Kelley Cain & Sechrist lease purchased by the City for International Airport, permitting them to re-enter certain abandoned wells given to the City by Renwar Oil Corp., in consideration of their re -plugging the wells at no expense to the City and their giving to the City a 1/32 over-riding interest in any production they may recover from the operation; Regular Council Meeting December 20, 1961 Page #6 i. That the execution of a contract be authorized with E. W. Jamison for the purchase by the City of Lot 1 of the McBride Commercial Sites and all improvements thereon, for a total of $25,000.00, for the purpose of providing a 60' right-of-way to tne Heldenfels property in that area, relative to the over- all Bridge Removal Project, and that such action be ratified by the Council by ordinance. Motion by Barnard seconded by de Leon and passed that the minutes of the special meeting of December 18, 1961, be approved as furnished to the Council. Mayor McDonald excused himself from tne meeting, and turned the Chair over to Mayor Pro Tem Swantner. Dr. W. R. Hubler appeared in connection with a proposed ordinance authorizing the City Manager to accept a utility easement dedication in lieu of a previous utility easement dedication by Joe M. Sloan & wife, located near the inter- section of Rosebud Street with Denver Avenue, which had been deferred from a pre- vious meeting. There followed a discussion as to near future installations for extending utility services to the immediate area and the responsibilities and cost of same. Motion by de Leon, seconded by Barnard and passed that the foregoing proposed ordinance, Item "e" on the agenda, be deferred until a plan can be devised satisfactory to all parties concerned. ORDINANCE NO. 6366 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE HORNE ROAD BRIDGE, PROJECT NO. 295-61-6.2-1, AS PERFORMED BY THE CONTRACTOR, H & H CONCRETE CONSTRUCTION COM- PANY, UNDER THEIR CONTRACT WITH THE CITY DATED AUGUST 23, 1961, AUTHORIZED BY ORDINANCE NO. 6256; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, IN THE AMOUNT OF $3,844.84, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING 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 20, 1961 Page #7 ORDINANCE NO.6367 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $122,450.00 FOR THE AC4UISITION OF 15 PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF TEKAS AND APPLICABLE TO PROJECT NO. 220-56-24, CROSSTOWN EXPRESSWAY, HIGHWAY 286 RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THE STATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, absert;; 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". ORDINANCE NO. 6368 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE EASEMENT TO CROSS UNDER HEREFORD ROAD WITH A 1-1" OXYGEN PIPE LINE IN CONNECTION WITH THE BUSINESS OPERATED AND TO BE OPERATED ON HEREFORD ROAD; PROVIDING THE TERMS OF SUCH EASEMENT, 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, 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". ORDINANCE NO. 6369 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 SEW OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106 PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS B, C AND D, COLUMBIA PARK UNIT 1, AS FILED IN VOLUME 24, PAGE 42, OF THE MAP AND PLAT RECORDS OF NUECES COUNTY, TEXAS, BEING THE SAME PROPERTY WHICH WAS FORMERLY LOT B OF COLUMBIA PARK UNIT NO. 1, AS FILED IN VOLUME 23, PAGE 99 OF THE MAP AND PLAT RECORDS OF NUECES COUNTY, TEXAS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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". Regulat Council Meeting December 20, 1961 Page #8 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. 6370 APPROPRIATING OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $5,400.00 FOk THE ACQUISITION OF RIGHT OF WAY, PARCEL NO. 2, SAID PARCEL BEING MORE FULLY DESCRIB- ED HEREINAFTER, APPLICABLE TO PROJECT NO. 220-61-41, GREENWOOD DRIVE IMPROVEMENTS -- PORT TO HORNE ROAD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR THE AC- QUISITION OF SAID PARCEL; 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". ORDINANCE NO. 6371 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $3,228.53 FOR THE ACQUISITION OF RIGHT OF WAY, PARCEL NO. 1, SAID PARCEL BEING MORE FULLY DESCRIBED HEREINAFTER, APPLICABLE TO PROJECT NO. 220-61-41, GREENWOOD DRIVE IM- PROVEMENTS -- PORT TO HORNE ROAD; 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, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". The foregoing ordinance was passsed by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". ORDINANCE NO. 6372 APPROPRIATING OUT OF NO. 245 AIRPORT BOND CONSTRUCTION FUND THE SUM OF $282.45 IN PAYMENT OF RENWAR OIL CORPORATION INVOICE FOR REPAIRING AND RELOCATING A PIPE LINE IN CONNECTION WITH THE AIRPORT CONSTRUCTION, APPLICABLE TO PROJECT NO. 245-56-5.8; 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 20, 1961 Page #9 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. 6373 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE AIRPORT DITCH STORM SEWER, UNIT 1, PROJECT 295-53-6.1, AS PERFORMED BY THE CONTRACTOR, BUR-TEX CONSTRUCTORS, UNDER THEIR CONTRACT WITH THE CITY DATED JULY 30, 1960, AUTHORIZED BY ORDINANCE NO. 5823; APPROPRIATING THE SUM OF $75.00 OUT OF NO. 295 STORM SEWER BOND FUNDS TO SUPPLEMENT BALANCE OF FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 14, IN THE AMOUNT OF $3,074.63, DATED DECEMBER 14, 1961, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT BEING THE BALANCE DUE THE CONTRACTOR, LESS THE SUM OF $4,035.25 WHICH IS RETAINED PENDING SETTLEMENT OF A TEX-MEX RAILROAD CLAIM AGAINST THE CONTRACTOR; 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". ORDINANCE NO. AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE AGREEMENT OF HARRINGTON AND CORTELYOU, CONSULTING ENGINEERS ON THE BASCULE BRIDGE RELOCATION PROJECT, TO EXTEND THEIR PRESENT CONTRACT, WHICH EXPIRES JANUARY 20, 1962, FOR AN ADDITIONAL PERIOD AS MAY BE REQUIRED FOR COMPLE- TION OF PROJECT COST ANALYSIS AND APPORTIONMENT OF SAME AND NEGOTIATIONS FOR FINAL PAYMENTS FROM THE FEDERAL GOVERNMENT, AS OUTLINED IN THEIR LETTER, WHICH CONSTI- TUTES THIS AGREEMENT, DATED DECEMBER 12, 1961, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, APPLICABLE TO PROJECT NO. 230-55-11; 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" ORDINANCE NO. 6375 THIRD 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 SMITH, 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 COURT HOUSE, FOR FARMING AND AGRICULTURAL PURPOSES, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT, SAID AGREEMENT BEGINNING SEPTEMBER 1, 1961, AND ENDING AUGUST 31, 1962. • Regular Council Meeting December 20, 1961 Page #10 The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". SECOND READING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISIONS FOR HAMLIN STREET FROM POPE DRIVE TO PEERMAN PLACE AND FT. WORTH STREET FROM CATALINA PLACE TO DRIFTWOOD PLACE; PROVIDING AN EFFECTIVE DATE; PROVID- ING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye". Motion by Barnard, seconded by de Leon and passed that City Manager Whitney be granted leave of absence on January 26, 1961, and that T. Ray Kring be appointed Acting City Manager during his absence. There being no further business to come before the Council, the meeting was adjourned.