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HomeMy WebLinkAboutMinutes City Council - 01/03/1962REGULAR COUNCIL MEETING January 3, 1962 2oOO P.M. PRESEN'i 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. Pe Maldonado W. J. Roberts Jim Young Mayor Ben F. McDonald called the meeting, to order. The Invocation was given by Reverend Dau1toa Hutson, Pastor of Parkside Church of Gad. City Secretary T. Ray Kring called the roll of those in attendance. At the request c£ Mayor McDonald, City Manager Whitney read the follow- ing resolution: RESOLUTION NO. 6376 COMMENDING BILL WILEMS, CHUCK CAZALAS, RICHTER TIPTON, LEWIS LAMPHIER, J. F. ROBIN - SON AND DAVID CAS'TI.LLO, OF CO US CHRISTI ACADEMIC HIGH SCHOOL ON HAVING BEEN NAMED TO THE ALL STATE TEAM OF THE TEXAS CATHOLIC INTER -SCHOLASTIC LEAGUE FOR THE CURRENT YEAR, AND FOR WINNING FOR THE SECOND CONSECUTIVE TIME THE STATE CHAMPIONSHIP OF THE T.C.I.L. The foregoing resolution was passed by the following voted Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all voting "Aye". Mayor McDonald greeted and congratulated Father Jude of the Academy and invited him to introduce each of the young men mentioned in the foregoing resolution, and their Coach, Shelby Cole. Mayor Pre Tem Swantner presented copies of the foregoing Resolution to each of the foregoing. Motion by de Leon, seconded by Maldonado and passed that the minutes of the regular meeting of December 20, 1961, be approved as furnished to the Council. Mayor McDonald announced the Council desired to create a temporary advisory committee to be known as the Terminal Market Committee for the purpose of investigating the possibility of such an installation being built in Corpus Christi by private enterprise and to sake recommendation to the City Council as to whether or not the City should participate, Mayor McDonald designated Commissioners Young and Maldonado as Ex -officio members of the Committee and liaiecn sembers to the Council, and Gerald C. Letch Regular Council Meeting January 3, 1962 Page #2 as representing the City Manager to work with the Committee and furnish any nec- essary stenographic services needed. Motion by Swantner, seconded by Barnard and unanimously passed that the following be appointed as the Terminal Market Committee Pa B. Mahaffey, Chairman; Jim Roach of Eastern Seed Company; Franklin Crita of Jitney Jungle Stores; Aubrey H. Vaughan of Aubrey H. Vaughan Trucking Company; Melvin Ocker, farmer and trucker; Frank Stubbs of Gulf Compress; Abe Katz; Orval Logue; Joe Williams; A. K. Mery of Gulf Produce Company; and J. F. Jamison, Traffic Manager, Nueces County Navigation District, Certificates of Appointment were presented to Chairman Mahaffey for the foregoing committee. Mayor McDonald read and signed a proclamation proclaimingthe week of Jan- uary 15 - 209 1962, as Traffic Safety Week. Mayor McDonald announced the opening of bids. Bids were opened and read on the construction of Street Improvementsfor 14th Street, from Craig to Buford, and Power Street, from Tancahua to Oso, from the following: Heldenfels Brothers; Fowco Construction Company; and South Texas Con- struction Company, 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 public hearing on the closing of a portion of a 40° dedicated road out of Russell Farm Blocks 4 & 9 between Kosar Road and Lexington Boulevard. City Manager Whitney located the dedicated but unopened and unexisting road extending North from Kosar Road to its intersection with Lexington Boulevard extension; and explained that the abandonment of this portion of the road is nec- essary for the completion of the acquisition of right-of-way required on Lexington Boulevard between Chapman Ranch Road and State Highway 44 in connection with the construction of State Highway 358; and recommended that this portion of the road be closed, provided however, that a strip 20° in width along the West side of the 40° road being abandoned be retained by the City as an easementfor utilities. No one appeared in opposition to the closing. • • Regular Council Meeting January 3, 1962 Page 3 Mayor McDonald declared the hearing closed. Emotion by Roberts, seconded by Maldonado and passed that the portion of the 40° dedicated road out of Russell Farm blocks 4 & 9 extending North from Kosar Road to its intersection with Lexington Boulevard,, described by metes and bounds, be closed and abandoned, subject to the retention of a strip 20' in width along the West side of the 40° road being abandoned as an easement for utilities° Mayor McDonald announced the public hearing on the application of D. 'i, Hardy for a change of zoning from 10R -1B" One -family Dwelling District to "AB" Pro- fessional Office District on Lot 1, Unit 2, Washburn Meadows Subdivision° William Anderson, Director of Zoning & Planning, located the property as being at 4142 Weber Road; explained the plans for construction of an office building, and that one written return had been received in favor of the application and one against, and that the recommendation of the Zoning & Planning Commission was that the application be approved. No one appeared in opposition to the application° Mayor_ McDonald declared the hearing closed. Motion by de Leon, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in and the zoning on Lot 1, Unit 2, Washburn Meadows Subdivision, be cbanged from "R-18" to "AB". Mayor McDonald announced the public hearing on the application of Mrs. Evangeline Keever for a change of zoning from "R -1B" One -family Dwelling District to "B-11' Neighborhood Business District on the South 2 of Lot 12 and all of Lot 13, Block 1., Molina Addition, Mr> Anderson located the property on the Northwest corner of Molina Drive and Bloomington Street, explained the proposed use of the property for a neighbor- hood grocery store with off-street parking, and that one written return was re- ceived in favor of the application and none against ,and that no one had appeared in opposition to the application and that the recommendation of the Zoning & Planning Commission was that the application be approved, Cil Garza, attorney for the applicant, appeared in support of the ap- plication. • Page #4 Regular Council Meeting January 3, 1962 Motion by de Leon, seconded by Maldonado and passed that the hearing be closed, the recommendation of the Zoning & Planning Commission be concurred in, and that the zoning on the South h of Lot 12 and all of Lot 13, Block 3., Molina Addi- tion, be changed from "B, -1B" to "B-1" Mr. Anderson suggested that since the next two applications for changes in zoning were adjacent and were planned as a unit, that they be considered and heard together. Public hearing was opened on the application of John L. Tompkins & Com- pany for a change of zoning from "R -1B'° One -family Dwelling District to "B-4" Gen- eral Business District on the Northwest 67.5' of Lot 2A and the adjacent 123.6' of Lot 3, Block 2, Alameda Estates, and on the application of Robert R. Brodkey for a change of zoning from "F. -•1E" One --family Dwelling District to "B-4" General Business District on all of Lot 1 and a portion of Lot 2, Block 2, Alameda Estates. Mr, Anderson located the properties as being in the 4300 block of South Alameda on the Northeast corner of South Alameda and Eldon Drive, adjoining the recently completed bowling alley, and presented a preliminary plat of the proper- ties showing a 100° setback for the building line from Alameda Street; and stated that the recommendation of the Zoning & Planning Commission was that these appli- cations be approved subject to (1) the installation of a redwood fence along the property line adjacent to the residential area similar to that which is constructed behind the bowling alley on the adjacent Alameda Center, (2) that all signs and lights be directed away from the residential area, and (3) a proper plat. Joe Salem, one of the applicants under the John L. Tompkins & Company application, appeared in support of the application and showed an architect's sketch of his proposed plans for development, and Mr. Brodkey spoke of his plans, and both stated they were agreeable to the conditions imposed by the Zoning & Planning Commission. The following, all property owners whose property is involved in the ap- plications, appeared in support of the applications on the basis that the area is no longer suitable for residential use and that the requested zoning is the highest and best use of the properties, Paul Hamon, representing Mr. & Mrs. R. C. Little- ton; Paul Howard, Ralph West; C. W. Vetters, representing the Tompkins Company. • • Regular Council Meeting January 3, 1962 Page #5 Ellis brown attorney for Alameda Corp., spoke in support of the appli- cation if the plans for development comply with the type of development required of the Alameda Corp. as to fencing, lighting, and utility easements and service drives, Mrs. Lura V Turner, adjacent property owner facing Eldon Drive, opposed the application, unless her property was included in the rezoning, on the basis that. it would otherwise be unsuitable for her homes C. A. Nesbit, adjoining property owner facing Eldon Drive, opposed the application on the basis that it was speculation and that it would make his home unsuitable for a residence due to the lights, noise, litter and traffic. No one else appearing to be heard, Mayor McDonald declared the hearings on these two applications closed. During the discussion by the Council, it was suggested that the stipula- tion with regard to the fence be that it be 8° high, and of solid construction in keeping with the architectural design, and be placed adjacent to all residential areas. Motion by Swantner, seconded by de Leon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in except that the fence may be of any material equal in character to redwood, and that the zoning on all of Lot 1 and a portion of Lot 2, block 2, and the Northwest 67.5° of Lot 2A and the ad- jacent 123.6° of Lot 3, Block 2, Alameda Estates, all located in the 4300 block of South Alameda Street on the Northeast corner of South Alameda and Eldon Drive, be changed from "R -1B" to "B-4", subject to an 8° high fence of solid construction in keeping with the architectural design being placed adjacent to all residential areas, and that all signs and lights be directed away from the residential areas, and further subject to the filing of a proper plat with the 100° setback on Alameda for all 4 lots. Mayor McDonald announced the public hearing on the application of Isaac Braslau for a change of zoning from "A-2" Apartment House District to 1°B-5" Pri- mary Business District on the East 5.95' of Lot 4, all of Lots 5 & 6 and 24.5° of Lot 7, Block 23, Chamberlain Subdivision. • • Regular Council Meeting January 3, 1962 Page #6 Mr. Anderson located the property as being behind Suniland Furniture Store at 502 South Staples Street; presented architectural drawings showing the building proposed to be constructed for warehouse and showroom, paved parking area, and driveway to the side street; pointed out that there had been 4 written returns in favor of the application and 5 against, and that the objections seemed to be mostly due to the untidiness of the neighborhood from the packing material which blows around; and stated that the recommendation of the Zoning & Planning Commission was that the application be granted. Issac Breslau appeared in support of the application, presented a sketch of the proposed building and stated that use of the proposed building for unpacking and the construction of a fence would help to keep packing paper from blowing around the neighborhood; and that if the zoning was granted, he is going before the Board of Adjustment with regard to the yard set -back and parking. No one else appeared to be heard either for or against this application. Mayor McDonald declared the hearing closed. Motion by Young, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on the East 5.95° of Lot 4, all of Lots 5 & 6, and 24.5' of Lot 7, Block 23, Chamberlain Sub- division, be changed from "A-2" to "B-5". Mayor McDonald asked if there was anyone in the audience who wished to be heard at this time. Clifford Cosgrove stated that in reference to the proposed ordinance on the agenda appropriating $449819.91 as compensation for approximately 8 acres of land near Calallaa on the Nueces River on which the City has built a pumping sta- tion, that it was an act of stupidity for the City to have built on a piece of property not owned by the City, worse to have left the matter unsettled for so long a period during which the City agreed to pay 6% interest, and asked why this Council agreed to settle for an amount set by a Board, which he considered exorbitantly high anyway, rather than going to Condemnation. Mayor McDonald answered that Mr. Cosgrove's remarks were well taken, but that settlement by arbitration is very often considered the least costly method to • Regular Council Meeting January 3, 1962 Page #7 the City of arriving at a just compensation for land taken by the City. Mayor McDonald called for the City Manager's Reports. Motion. by Roberts, seconded by Barnard and passed. that the recommendations and requests of the City Manager.be approved and granted, as follows a. That test borings by Trinity Testing Laboratories at $3.00 per lin,ft. be approved in connection with the Savage Lane Railroad project, and that $625.00 be appropriated to cover this cost; b. That acceptance of the proposal of the firm of Christian, Bright & Pennington for a Facilities Survey for the Memorial Coliseum and Exposition Hall for a maximum fee of 62,000.00, be approved; c. That authority to advertise for bids to be received on January 17, 1962, on an estimated year's supply of ,Traffic Sign Blanks in various quantities and sizes, be granted; d. That the date of January 30, 1962, during a special meeting, con- vening at 7;00 p.m., be set for public hearing on .5 zoning applications; e. That the date of January 30, 1962, during a special meeting, conven- ing at 7:00 p.m., be set for public hearing on a petition to close a portion of Baymoor Boulevard;; f. `;'hat the date of January 25, 1962, during a joint meeting of the City Council and the Zoning & Planning Commission, convening at 7;00 p.m., be set for public hearing on proposed amendments to the text of the Zoning Ordinance by amending Article 25, "Supplementary Use Regulations --Special Uses", Section 25-4, by adding new sub sections (11) and (12); such date and time of public hearing to be contingent upon a similar action of the Zoning & Planning Commission at its next regular meeting on January 8, 1962. ORDINANCE NO. 6377 APPROPRIATING OU`I OF NO. 230 BRIDGE BOND FUND THE SUM OF $625,00 TO COVER ESTIMATED COSTS OF SOIL EXPLORATIONS IN CONNECTION WITH THE CONTROL OF EROSION AT THE SAVAGE LANE RAILROAD, APPLICABLE TO BRIDGE REMOVAL AND RELOCATION PROJECT NO. 230-55-8.8-0; AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote; All members of the Council present and voting "Aye". The foregoing ordinance was passed by the following vote; All members of the Council present and voting "Aye", • • Regular Council Meeting January 3, 1962 Page #8 ORDINANCE NO. 6378 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 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 25, 26, 39 AND 40, BLOCK 1600, BAY TERRACE #2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT WITH THE EXCEPTION OF THE 25 FEET OF THE LOTS FRONTING ON 19TH STREET WHICH IS TO REMAIN "R-1B"s 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; All Members of the Council present and voting "Aye". The foregoing ordinance was passed by the following vote: All members of the Council present and voting "Aye", ORDINANCE NO. 6379 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY CON- TRACTS, AGREEMENTS AND INSTRUMENTS TO EXECUTE AND BRING ABOUT THE INCLUSION AND PROVISION FOR SOCIAL SECURITY COVERAGE FOR EMPLOYEES OF THE CITY OCCUPYING POSI- TIONS SUBJECT TO RETIREMENT SYSTEMS, WHO QUALIFY FOR SUCH SOCIAL SECURITY PARTI- CIPATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following votes All members of the Council present and voting "Aye". The foregoing ordinance was passed by the following vote° All members of the Council present and voting "Aye", ORDINANCE NO. 6380 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EMPLOY THE ARCHITECTURAL FIRM OF CHRISTIAN, BRIGHT AND PENNINGTON TO MAKE A "FACILITIES SURVEY" FOR THE MEMORIAL COLISEUM AND EXPOSITION HALL ON THE BASIS OF THEIR PROPOSAL DATED DECEMBER 27, 1961, A COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF, SAID SURVEY TO BE COMPLETED IN 90 DAYS; APPROPRIATING AND REAPPROPRIATING FROM CURRENT BUDGET, N0. 102 FUNDS, ACTIVITY NO. 4161, CODE 502, THE SUM OF $2,000,00 FOR PAYMENT OF ARCHITECTS FEE FOR THE SURVEY; AND DE- CLARING AN EMERGENCY, The Charter rule was suspended by the following votes All members of the Council present and voting "Aye". The foregoing ordinance was passed by the following vote° All members of the Council present and voting "Aye". ORDINANCE NO, 6381 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A MONTHLY USE PRIVILEGE AGREEMENT WITH MIKE CHAPA FOR THE USE OF CERTAIN SPACE ON THE L -HEAD FOR BAIT STAND, ALL AS MORE FULLY SET OUT IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. • Regular Council Meeting January 3, 1962 Page #9 The Charter rule was suspended by the following vote; All members of the Council present and voting "Aye". The foregoing ordinance was passed by the following vote; All members of the Council present and voting "Aye". ORDINANCE NO. 6382 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, BY REPEALING CERTAIN EXISTING SECTIONS OF CHAPTER 7 AND ADOPTING NEW SECTIONS TO HE MADE A PART OF SAID CHAPTER 7 PROVIDING RULES AND REGULATIONS ON AIRPORT PROPERTY REGULATING OPERATIONS OF AIRCRAFT WITHIN THE CITY, AND AIRCRAFT AND OTHER OPERATIONS AT THE MUNICIPAL AIRPORTS AND HELIPORTS; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY The Charter rule was suspended by the following vote; All members of the Council present and voting "Aye" The foregoing ordinance was passed by the following vote: All members of the Council present and voting "Aye". ORDINANCE NO. 6383 APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND THE SUM OF $31.,000.00 ON THE PRINCIPAL PLUS INTEREST AT 6°. PER ANNUM FROM JULY 30, 1954, TO DATE WHICH REPRESENTS AN INTEREST PAYMENT OF $13,819.91 OR A TOTAL PAYMENT OF $44,819.919 PAYABLE TO FARRELL D. SMITH AND R. E. LAIRD, JOINTLY, AS JUST COMPENSATION FOR THE ACQUISI- TION OF 8.74 ACRES OF LAND NEAR CALALLEN, TEXAS, USED AS A SITE FOR THE CITY'S RAW WATER INTAKE--STEVENS WATER PLANT,PROJECT N0.202-53-22; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All members of the Council present and voting "Aye", The foregoing ordinance was passed by the following vote: All members of the Council present and voting "Aye". ORDINANCE NO, 6344 THIRD '.;AIDING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21=153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SD 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; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote; All members of the C.ouncil present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned,