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HomeMy WebLinkAboutMinutes City Council - 02/07/1962PRESENT: 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 February 7, 1962 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 Dr. James L. Barnard, due to the absence of the invited guest chaplain. 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 special meeting of January 30, 1962, and of the regular meeting of January 31, 1962, be approved as furnished to the Council. Mayor McDonald welcomed as special guests of the Council, the following representatives of the Student Council of Hamlin Junior High School and their sponsor, Miss Lorraine Joy, and Commissioner de Leon presented the Certificates of Attendance designating them as Honorary Junior City Commissioners: Pat Fitzpatrick, Chuck Spencer, Annette Grossman, Barbara Batten, Larry Laws, Kathy Harrison, and Charlie Emery. Mayor McDonald read and presented to Mr. Coke Williamson, representing the Boy Scouts of America, a proclamation proclaiming the week of February 7 to 13, 1962, as Boy Scout Week, and acclaiming its theme "Strengthen America.... Character Counts". Mayor McDonald read and presented to Mr. I. C. Kerridge, a proclamation proclaiming February 12, 1962, as I. C. Kerridge Day in Corpus Christi, on the ob- servance of his fifty years in Scouting. Mayor McDonald announced the opening of bids. Bids were opened and read on an estimated 12 -months' supply of Portland Cement from the following: Armstrong Lbr. Co.; C.C. Brick & Lbr. Co.; Kaffie Lbr. Co.; South Texas Materials Co.; Zarsky Lbr. Co., Inc.; and Gulf Materials Co. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. • • Regular Council Meeting February 7, 1962 Page 2 Bids were opened and read on various quantities and sizes of Type K Soft Copper Tubing, from the followings Alamo Iron Works, Corpus Christi; Crane Supply Co., San Antonio; Gulf Supply Co., Corpus Christi; Hamilton Supply Corp., Galena Park; Metal Goods Corp., Houston; The Rohan Co., Inc., Waco; Southern Equip. Co., San Antonio; Superior Iron Works, Shreveport; Republic Supply, Okla. City; N. Mer - fish Plbg., Houston; Municipal Pipe, Houston; Standard Brass, Houston; Airtrol Supply, Corpus Christi; Howard L. Kelts, San Antonio; McAllen Pipe, McAllen; Utility Supply, Houston; Ajax Supply, Corpus Christi; SAMSCO, Corpus Christi; Norvell-Wilder, Corpus Christi; C.C. Hardware, Corpus Christi; and Dildy Supply. 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 consider appointments to Boards and Committees. Motion by de Leon, seconded by Maldonado and passed that the following be appointed to the Library Boards William (Bill) Prewett, Mrs. Harry (Dolly) Carroll, J. B. Mascorro, and James W. Smith. Mayor McDonald announced that the existing agreement with Cities Service Petroleum Co. in connection with the drilling of the well in the Bay Area was hereby extended until such time later in this meeting as the Council might take further action in the matter. Mayor McDonald announced the Council would consider the pending item of the application of H. T, Waters for the closing of that portion of Baymoor Boulevard from the North line of Ebony Street to the North end of Baymoor Boulevard lying be- tween Lots 218 and 219, Baymoor Addition, upon which application public hearing was held and closed on January 30, 1962. City Manager Whitney reported that on the basis of further study by Fire Chief John Carlisle relative to fire protection for the area, he recommended that the fall street be retained by the City, and that the application be denied. Motion by de Leon, seconded by Roberts and passed that the recommendation of the City Manager be approved, and the application of H. T. Waters for the closing of that portion of Baymoor Boulevard from the North line of Ebony Street to the North end of Baymoor Boulevard and lying between Lots 218 and 219, Baymoor Addition, be denied. • Regular Council Meeting February 7, 1962 Page 3 Mayor McDonald announced the Council would consider the pending item of the application of Robert R. V'aclavik for a change of zoning from "B-1" Neighbor- hood Business District to "B-4" General Business District on Lot 19, Block 2, Mahan Acres, being that property located at 4818 Kostoryz Road, upon which applica- tion public hearing was held and closed on December 20, 1961. Mrs. Elizabeth Airheart, representing Mrs. Maxine Willard, 4830 Rogerson, spoke in opposition to any change in the zoning and to the granting of a special Council permit to allow the use of this property for a used car lot on the basis that it would decrease the surrounding residential property values, create an area of traffic danger, and that there is no need for it in the area. She further stated that she did not believe the City Staff had sufficient personnel to see that re- strictions were strictly complied with. Mayor McDonald declared a brief recess in this matter to give the several people in the audience opposing the granting of a special Council permit in this instance an opportunity to retire and read the proposed permit containing the re- strictions proposed to protect the neighborhood. Mayor McDonald announced the public hearing on the petition for the change of street name of Booty Street, from Santa Fe to Ocean Drive, to Ayers Street, and read a letter from I. M. Alexander, member of the Board of the Six Points Business and Professional Club, amending their petition for this street name change by the correction that one apartment house at 511-13 Booty will become 511-13 Ayers, and urging that directions to many points in the City should be Ocean Drive to Ayers, thence to objective, and that visitors should be directed to our bay -front residen- tial section at every opportunity. City Manager Whitney reported that the City Staff had no objections to the change of name, and recommended it as a logical request. W. I. M. Alexaeder appeared in support of the application and urged that signs be installed on U.S. Highway 77 directing all visitors to our Bayfront Area as well as to our Bridge. No one appeared in opposition to the eb .nge of street name. Motion by Swantner, seconded by de Leon and passed that the hearing be closed. Motion by Barnard., seconded by Maldonado and passed that the application be approved, and that the name of Booty Street, from Santa Fe to Ocean Drive, be changed to Ayers Street. Regular Council Meeting February 7, 1962 Page 4 Mayor McDonald announced the public hearing on the petition for change of street name of Sacky Drive, from Carroll Lane to Weber Road, to Tiger Lane. City Manager Whitney pointed out that in a projection of this street from Chapman Ranch Road past Airline Road at some future date would involve three or four different street names, that the City Staff did not feel this presented any immediate problem, that the County has already changed the name of their half of this portion of the street to Tiger Lane, and he recommended that the request be granted. Ellis Carmichael, on behalf of the Faculty, Student Body, and Student Council of Mary Carroll High School, appeared in support of the change of name. No one appeared in opposition to the change of street name. Mayor McDonald declared the hearing closed. Motion by Swantner, seconded by de Leon and passed that the name of that portion of Sacky Drive from Carroll Lane to Weber Road be changed to Tiger Lane. Mr. James Summers, Assistant Principal of Mary Carroll High School, re- quested that they be notified when the new sign was to be installed so that the School could have a small ceremony, and it was suggested that he contact Mr. Rice, Traffic Engineer, for this information. Mayor McDonald announced the Council would resume the matter of the pro- posed special Council permit, action on which had been deferred earlier in the meeting. Reverend Carlisle, Pastor of the Trinity Church of the Nazarene, the ad- jacent property owners, spoke in opposition to the used car lot on the basis that the Church is very definitely opposed to any business being conducted on Sunday, that it would decrease their property value, and that there is no need in this residential area for a used car lot. He further pointed out that the Church's notices of the public hearings on this matter had not been received, but that since the newspaper had reported that the Zoning & Planning Commission had denied the change in zoning for a used car lot, they had not thought it was necessary to voice their protest until now. There followed considerable discussion as to objections and as to pro- posed restrictions to be stipulated, and it was agreed that Mr. Vaclavik try to work things out with his neighbors for a satisfactory arrangement. • Regular Council Meeting February 7, 1962 Page 5 Motion by Roberts, seconded by Maldonado and passed that the matter be taken under advisement for further study, in view of the neighborhood opposition which had not been made apparent at either of the public hearings. Commissioners Swantner and Roberts presented a report of the special sub- committee of the Council appointed to study and make recommendation with respect to the matter of the drilling of o11 and gas wells in the Bay Area, and the ordinances regulating and governing same, and recommended that an additional 10 days or 2 weeks was needed before making final recommendation, due to the number of technical questions which required careful consideration. Harvey Weil, attorney for Cities Service Petroleum Co., requested that the drilling agreement with the City be continued at the Company's own risk subject to all the penalties, forfeitures, etc. that might be involved pending further study by this committee and pending possible completion or non -completion of the commer- cial well now drilling in the Bay, and advised the Council that extra precautionary safeguards are being maintained at the well, which the Company anticipates to be at total depth in a week or 10 days. He explained the Company's willingness to cooper ate with navigation and small boat owner interests with regard to navigation light- ing for the entrance to the Marina area. Binford Arney, attorney, explained the background of the drafting and writing of the governing ordinance by Well-qualified technical advisers of 4 in- dependent major o11 producing companies in this area; and strongly urged that the ordinance be enforced, subject to complying with the present agreement with Cities Services without prejudice to the rights of the City or the Company; that the or- dinance should not be amended to permit drilling within the present prohibited area within Corpus Christi Bay; and particularly, that all adequate time be taken for complete study and analysis before any amendment is considered by the Council. J. W. Gary offered his services and those of the officers of the companies he represents in the matter of the drafting of any amendment to the drilling ordin- ance, and in the matter of the present drilling in the Bay Area. Motion by Barnard, seconded by Maldonado and passed that the Sub -Committee be commended, that their report be accepted, and their recommendation be adopted that the agreement with Cities Service Petroleum Co. be extended to maintain the status quo as if the City had acted in the matter on Friday, January 24, 1962. • Regular Council Meeting February 7, 1962, Page 6 Motion by Barnard, seconded by de Leon and passed that the recommendations and requests of the City Manager, with the exception of Item "a" which was deleted by the City Manager for further study, be approved and granted as follows: b. That the proposal of Shilatone Laboratories for Soil Investigations in connection with the.proposed development of Oso Bay, be accepted; and that $3,630.00 be appropriated; c. That authority to advertise for bids to be received on February 21, 1962, on an estimated 12 months' supply of Heavy Duty Industrial Flashlight Batter- ies, be granted; d. That the award of bid on Special Bodies for certain equipment be made as follows: Items 1, 2 and 3, for 3 - 4 to 5 cu.yd. Dump Bodies at $810.00 each, 2 - 6 to 8 cu.yd. Dump Bodies at $980.00 each, and 1 Special Crew Truck Body at $1,370.00, to Truckers Equipment, Inc., for a total of $5,760.00; Item 4, for 1 Utility Service Body, to Holan Corporation of Georgia, for a total of $1,236.61; and that Item 5 for a Water Tank be rejected. (See Bid Tabulation #6 in File) e. That a 60 -day extension for beginning of construction be granted in connection with the Corpus Christi Osteopathic Hospital's special Council permit; f. That the date of Monday, February 26, 1962, during a special Council meeting convening at 7 p.m., be set for public hearing on 2 zoning cases and 1 special Council permit, and the date of Wednesday, February 28, 1962, during the regular Council meeting convening at 2 p.m., be set for public hearing on 2 zoning cases. ORDINANCE NO. 6421 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ACCEPT THE PROPOSAL OF SHILSTONE LABORATORIES DATED OCTOBER 5, 1961, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, FOR SUBSURFACE SOIL INVESTI- GATIONS IN CONNECTION WITH THE PROPOSED STUDIES FOR DEVELOPMENT OF OSO BAY AND MARINA; APPROPRIATING AND REAPPROPRIATING FROM NO. 102 GENERAL FUND, ACTIVITY NO. 4299, CODE 301, THE SUM OF $3,630.00 IN PAYMENT OF SUCH LABORATORY SERVICES AS MAY BE REQUIRED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". • • Regular Council Meeting February 7, 1962 Page 7 ORDINANCE NO. 6422 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $631.66 FOR TSE PAYMENT OF THE COST OF ACQUISITION OF RIGHT OF WAY ON PARCELS 94, 95, 143 AND 14, SAID PARCELS BEING MORE FULLY DESCRIBED HEREIN; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". ORDINANCE NO. 6423 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOriiu ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDIN- ANCE 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 15 THROUGH 20, BLOCK 1405, MERCHANTS ADDITION, BEING AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "B-1" BUSINESS 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, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING ORDINANCE #5339 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, ON APRIL 29, 1959, PRESCRIBING RATES AND CHARGES FOR LOCAL EXCHANGE TELEPEONE SERVICE FURNISHED BY SOUTHWESTERN BELL TELEPHONE COMPANY IN THE CITY OF CORPUS CHRISTI, TEXAS, BY DELETING FROM THE RATE SCHEDULE IN SECTION 2 OF SAID ORDINANCE #5339 THE ITEM "FOUR PARTY $3.25" WHICH SERVICE WILL NO LONGER BE AVAILABLE. 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 all present and voting "Aye". SECOND READING OF AN ORDINANCE GRANTING TO AVIS RENT -A -CAR A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A "DRIVERLESS AUTOMOBILE" BUSINESS FOR THE OPERATION OF "DRIVERLESS AUTOMOBILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE PAYMENT OF AN ADMINISTRATIVE FEE OF $120, RENTAL FEES OR FEES WHICH MAY SUBSEQUENTLY BE LEGALLY IMPOSED UPON SUCH A BUSI- NESS; AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSINESS IS TO BE OPERATED AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE. 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 all present and voting "Aye". • Regular Council Meeting February 7, 1962 Page #8 SECOND READING OF AN ORDINANCE GRANTING TO HERTZ RENT -A -CAR, A FRANCHISE TO ENGAGE IN THE BUSINESS OF OPERATING A "DRIVERLESS AUTOMOBILE" BUSINESS FOR THE OPERATION OF "DRIVERLESS AUTOMOBILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE PAYMENT OF AN ADMINISTRATIVE FES OF $120.00, RENTAL FEES OR FEES WHICH MAY SUBSEQUENTLY BE LEGALLY IMPOSED UPON SUCH A BUSINESS; AND SETTING OUT CERTAIN CONDITIONS UNDER WHICH SAID BUSINESS IS TO BE OPERATED AND PROVIDED FOR THE FORFEITURE OF SAID FRANCHISE. 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 all present and voting "Aye". SECOND READING OF AN ORDINANCE GRANTING TO NATIONAL CAR RENTALS OF CORPUS CHRISTI, INC., A SUCCESSOR TO MISSION RENT -A -CAR, INC., A FRANCHISE TO ENGAGE IN THE BUSI- NESS OF OPERATING A "DRIVERLESS AUTOMOBILE" BUSINESS FOR THE OPERATION OF "DRIVER- LESS AUTOMOBILES" ON AND OVER THE PUBLIC STREETS WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE PAYMENT OF AN ADMINISTRATIVE FEE OF $120 AND POSED UPONFSU H FURTHER SINESS; ANDESETTING OUT CERTAINNTAL FEE OR ES WHICH MAY CONDITIONS uNDEREWHICHLY BE SAID IM - BUSINESS IS TO BE OPERATED AND PROVIDING FOR THE FORFEITURE OF SAID FRANCHISE AND THE METHOD OF REINSTATING SAME; PROVIDING FOR A WRITTEN ACCEPTANCE TO BE DELIVERED BY THE GRANTEE TO THE CITY SECRETARY. 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 all present and voting "Aye". ORDINANCE NO. 6424 AMENDING ORDINANCE NO. 4680, ADOPTED NOVEMBER 28, 1956, AND NOW APPBARING AS SECTION 38-30 OF THE CORPUS CHRISTI CITY CODE, 1958, BY ADDING SUBSECTION (d) TO SAID SECTION 38-30 SO AS TO PROVIDE A PRICE FOR IRRIGATION WATER AT 2-1/40 PER 1000 GALLONS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". ORDINANCE N0. 6425 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT BY THE TERMS OF WHICH ALL SUMS RECEIVED BY THE CITY FROM THE SALE OF WATER FOR IRRI- GATION PURPOSES SHALL BE DIVIDED BETWEEN THE CITY AND THE LOWER NUECES RIVER WATER SUPPLY DISTRICT IN THE PROPORTIONS OF TWO CENTS (2C) TO THE LOWER NUECES RIVER WATER SUPPLY DISTRICT PER 1000 GALLONS AND ONE-FOURTH CENT (1/4C) TO THE CITY OF CORPUS CHRISTI; PROVIDING FURTHER THAT THE WATER SOLD BY THE CITY FOR IRRIGATION PURPOSES • • Regular Council Meeting February 7, 1962 Page #9 AT SAID RATES SHALL NOT BE TAKEN INTO ACCOUNT IN CALCULATING THE AMOUNT DUE THE LOWER NUECES RIVER WATER SUPPLY DISTRICT FOR WATER USED BY THE CITY FOR ITS DIS- TRIBUTION SYSTEM OR RESALE UNDER THE PRESENT CONTRACT WITH SAID LOWER NUECES RIVER WATER SUPPLY DISTRICT, A COPY OF WHICH AGREEMENT FOR DIVISION OF SAID 2-1/4C PER 1000 GALLONS HEREBY AUTHORIZED TO BE EXECUTED 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 all present and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young all present and voting "Aye". Kenneth Darrah, 414 S. Tancahua, spoke in opposition to the telephone ordinance allowing the telephone company to eliminate the 4 -party lines in this City, on the basis that the 4 -party line at $3.25 had proved quite adequate for his purposes for some 25 years. M. J. Swearingen, 1212 Tenth Street, also spoke in opposition to the elimination of the 4 -party line. There being no further business to come before the Council, the meeting was adjourned.