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HomeMy WebLinkAboutMinutes City Council - 02/28/1962PRESENT:.. 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 28, 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 Msgr. Michael J. Adams, Pastor of Our Lady Star of the Sea Catholic Church, in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald recognized 2 students from Mary Carroll High School; Ellis Carmichael and Nancy Jenkins, and their sponsor, Mr. Summers, who presented each of the Council, the City Manager, and the news media with a • school banner, pin, and Certificate designating each as an Honorary Tiger, as an expression of appreciation for the naming of the street adjoining their school "Tiger Lane". Mayor McDonald welcomed as special guests of the Council, the follow- ing representatives of the Student Council of South Park Junior High School, and their sponsor, Miss Pauline Campbell, and presented Certificates of Attendance designating them as Honorary Junior City Commissioners: Hank Wood, Jerry John- son, Jo Ann Stuart, Cheryl Copeland, Alaska Bagley, and David Pursley. Mayor McDonald read and presented to School Board members, Arturo Vasquez, Mrs. George Hawn, and Harry Warnke, a proclamation proclaiming the week of March 5 through 9, 1962, as Texas Public Schools Week 10 Corpus Christi and urging the citizens of Corpus Christi to participate in the annual visitation programs of our schools. Commissioner de Leon requested that the minutes of the regular meeting of February 21, 1962, be corrected to read "100th anniversary of the battle of Puebla, which was fought in 1862 by a Mexican force of about 2,000 against a French force of 6,000 which was repulsed", instead of "100th anniversary of the liberation of Mexico". Motion by de Leon, seconded by Young and passed that the minutes of the regular meeting of February 21, as corrected, and of the special meeting of Feb- ruary 26, 1962, be approved as furnished to the Council. • Regular Council Meeting February 28, 1962 Page 2 Mayor McDonald announced the following nominations to the Park & Rec- reation Board, replacing those members of the Board whose terms have expired: Msgr. Michael J. Adams, Mrs. John M. Anderson, Mrs. D. C. Bernwanter, L. Gilbert Herrera, and E. Don Barton. Motion by Swantner, seconded by de Leon and passed that the nomina- tions cease, and be approved and confirmed by acclamation. The foregoing members of the Park & Recreation Board were presented Certificates of Appointment. Commissioner Swantner nominated the following as the Oil & Gas Wells Commission to study the ordinances regarding oil and gas wells as they particu- larly effect the Bays of Corpus Christi, and to advise and make recommendation to the Council with respect thereto Binford Arney, W. E. Stortz, mil F. Bowers, Charles F. Dees, and R. S. Hutton, Jr. Motion by de Leon, seconded by Young and passed that the nominations cease, and be approved and confirmed. The foregoing members of the Oil & Gas Wells Commission were present- ed Certificates of Appointment, and directed to work with Commissioners Roberts and Swantner relative to the work of this Commission. Mayor McDonald announced the nomination of Alvino Campos as the joint - appointee of the City and County Commissioners to the Memorial Hospital Board, replacing Lee Scott whose term has expired. Motion by Swantner, seconded by Maldonado and passed that nominations cease, and be approved and confirmed on behalf of the City Council. In congratulating Mr. Campos on his appointment, Mayor McDonald in- formed him that his Certificate of Appointment would be -awarded after official confirmation of his appointment by the County Commissioners' Court. Mayor McDonald announced the public hearing on the application of Holt- Hulings Realty Co. for a change of zoning from "R -1B" One -family Dwelling Dis- trict to "I-2" Light Industrial District on a certain triangular tract of land of approximately 12 acres, lying partly within the City Limits of the City of Corpus Christi and facing approximately 830.3 feet on Lexington Boulevard, 1273.3 feet on a drainage ditch, and 1+00 feet on the boundary line of Baldwin -Moore Farm Tracts No. 8; and read the recommendation of the Zoning & Planning Commission that it be approved due to the fact that it is recognized that Light Industry is • Regular Council Meeting February 28, 1962 Page 3 a trend in this area; and noted that there were 2 written returns received in favor of this application, none against, and no one had appeared in opposition to this application. Commissioner Swantner disqualified himself from participating in the public hearings scheduled for hearing at this meeting, due to the fact that members of his family have an interest in the areas involved. William Anderson, Director of Zoning & Planning, suggested that the public hearing on the application of H. D. Countiss for a change of zoning be heard at the same time as the Holt-Hulings Realty Co. application since they are similar requests in the same area. Mayor McDonald announced the public hearing at the same time on the application of H. D. Countiss for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on all of Lot 2 which lies West of Lexington Boulevard and adjacent to Lexington, and that part of Lot 7 of the Baldwin -Moore Farm Tracts, approximately 4+3 acres; and read the recommendation of the Zoning & Planning Commission that it be approved due to the fact that it is recognized that Light Industry is a trend in this area; and noted that there were 3 written returns received in favor of this application, none against, and no one appeared in opposition to this application. Mr. Anderson located the Holt -Rulings Realty Co. property and the Countiss property on the map in relation to the Swantner property, on which public hearing for the same change of zoning was held on February 26, 1962, as being contiguous tracts extending beyond the present City Limits, with an un- named ownership between the Holt-Hulings tract and the Countiss tract, for which a request for "I-2" zoning is anticipated in the near future; pointed out that a final plat had been submitted and approved by the Zoning & Planning Commission on the Holt-Hulings tract only; and that although it is not mandatory, it is highly desirable that utility easements and a street pattern be planned for so large an area in order to get the fullest use of each property. There followed a discussion as to whether or not the applicants de- sired to have their entire ownerships annexed to the City by contract at this time and resubmit amended applications to include the entire tracts in the re- cu:�fcr, change of zoning. Tt was b ou::7],t out that all necessary :.ght-of-way • Regular Council Meeting February 28, 1962 Page 4 Holt-Hulings and the Countiss properties, and that no right-of-way is involved on the Swantner property. Roy Smith, speaking for his mother who owns the property across the drainage ditch, was in favor of the re -zoning. Mark Hulings indicated his immediate need for the use of this property, that his final plat has been approved with dedications for easements for utili- ties, and that there is only about three -tenths of an acre belonging to him out- side the City Limits. John Keltner, of McClendon & Associates, consulting engineers, stated they would prepare metes and bounds description of the small triangle outside the City Limits for annexation by contract and present it for Council action. No one appeared in opposition to the re -zoning. Mayor McDonald announced the Council would now consider action on the Holt -Rulings Realty Co. application separately. Motion by Young, seconded by Maldonado and passed that the hearing on the Holt -Rulings Realty Co. application for re -zoning be closed. Motion by Roberts, seconded by de Leon and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the zoning of a certain triangular tract of land of approximately 12 acres, lying partly within the City Limits of the City of Corpus Christi and facing approximately 830.3 feet on Lexington Boulevard, 1273.3 feet on a drainage ditch and 1400 feet on the boundary line of Baldwin -Moore Farm Tracts No. 8, be changed from "R -1B" to "1-2" subject to approval of the final plat. With reference to the Countiss application, A. H. Hurst, representing Mr. Countiss, called attention to the fact that this property fronts on a road; and Mr. Countiss was agreeable to annexation by contract of the part of his tract outside the City Limits prior to development of the property. Mayor McDonald declared the hearing on the H. D. Countiss apllication closed. Motion by de Leon, seconded by Roberts and passed that the recommenda- tion of the Zoning & Punning Commission be concurred in, and the zoning of all of Lot 2 which lies West of Lexington Boulevard and adjacent to Lexington, and that part of Lot 7 of the Baldwin -Moore Farm Tracts, approximately 43 acres, be changed. from "R -1B" to "I-2" subject to annexation of the balance of the tract Regular Council Meeting February 28, 1962 Page 5 and approval of the final plat. Tom Swantner, speaking from the audience and respresenting his father, indicated his father's approval in general of annexation by contract of the bal- ance of the tract outside the City Limits of his application, but requested that action be deferred for a week to allow him time to give more thought to the matter. Motion by Roberts, seconded by Maldonado and passed that the applica- tion of G. R. Swantner, Sr. for a change of zoning be tabled and deferred for one week to ascertain the facts frau the applicant on the matter of annexation by contract. Mayor McDonald called for the City Manager's Reports. Motion by Roberts, seconded by Barnard and passed, with the exception of Item "e" relating to Outside City Limits Sewer Policy which was temporarily deferred to consider separately, that the recommendations and requests of the City Manager be approved and granted, as follows; a. That a total of $411.10 be appropriated for the title expenses and purchase of a small triangular tract of land out of the North 50 feet of Lot 12, Block 2, Hampton Addition, for the sum of $364.80 from the Second Bap- tist Church, required for right-of-way in the Realignment of Third Street to Carancahua at Hancock; b. That the award of bid on Mowing Equipment be made on the basis of low bid meeting specifications to Watson Distributing Co., Inc. for one 21" Greensmower for $315.00; and to Goldthwaite's of Texas, Inc. for one 76" Reel Mower for $900.00; making a total of $1,215.00; (See Bid Tabulation #10 in File) c. That the award of bid on Irrigation Equipment be made on the basis of low bid meeting specifications to San Antonio Machine & Supply Co. for Lot I, consisting of Plastic Pipe and Fittings, in the amount of $5,287.59; and to South Texas Lawn Sprinkler Co. for Lots II, III, and IV, consisting of Sprink- lers, Valves, and Control Panels, in the amount of :,079.56; making a total of $13,367.15; (See Bid Tabulation #11 in File) d. That the request of Mark Bratton, president of the Coastal Bend Kart Club, for use of the runways at Cliff Maus Airport for an Endurance Event on the date of Sunday, March 25, 1962, be granted subject to reasonable safety pr='s r. ins and adequate in^_,nr nr, beim providedprotecting and • Regular Council Meeting February 28, 1962 Page 6 indemnifying the City against any loss; f. That the proposal of Allan Mote, certified public accountant, to make an audit of the City's records for the fiscal year ending July 31, 1962, on a per diem rate estimated not to exceed $8,000.00, be accepted; g. That a 5 -year lease be authorized with the Corpus Christi Tennis Association for lease of an area of the B. E. Butt Tennis Center, by which agreement the Tennis Association will construct a tennis court and seating facilities for tournament and exhibition games andcarry sufficient liabil- ity insurance covering these occasions, and the City to maintain the facili- ties and have the use of them when not being used for events of the Tennis Association. City Manager Whitney reported that in the matter of the Bessie Street and Shoreline Boulevard encroachment, the street was barricaded by or at the direction of the Navigation District during the process of removing -the old Bascule Bridge to prevent people from getting into an area that was hazardous; that plans are being developed with the Highway Department, the Navigation Dis- trict and the City for a Port Park in that area in which this street will be the access to the Park; that the petition of the present owner of the encroach- ing property to allow the encroachment on the street is incidental to the pend- ing litigation relative to demolition of the buildings by order of the Building Standards Commission upheld by a former City Council; and recommended that the request for allowing the encroachment be denied, and that the City Attorney be authorized to pursue the present litigation to its conclusion. During the discussion of the matter, Nathan Clark, adjoining property owner, urged that the substandard buildings be demolished in fairness to other property owners in the area who have had to demolish similar substandard build- ings, Motion by Barnard, seconded by de Leon and passed that the encroach- ment upon Bessie Street and Shoreline Boulevard by the substandard buildings be denied, and if brought up to standard, be required to shift the foundation back 8" to get off the street. Mayor McDonald directed that the litigation go forward in the matter of the foregoing substandard buildings. Regular Council Meeting February 28, 1962 Page 7 Mayor McDonald announced tte Council would next consider Item "e", temporarily deferred earlier in the meeting, which was the report of the City Manager on the financial status of the O.C.L. Sewer System, and his recommend- ations that (a) No property owner be allowed to connect to the City sewerage system unless the property to be served by such connection is within the City Limits or is a lot in a subdivision in which the sewer laterals have previous- ly been accepted by the City for maintenance; (b) That the City Council indi- cate its willingness to approve annexation by contract or by election, when necessary, in order that property now outside the City Limits which desires sewer service can be served; (c) That any request for sewer service outside. the City Limits, not meeting the requirements of the first 2 recommendations, be denied unless special approval is obtained from the City Council, such re- quest to be first submitted to the Director of Public Utilities for recommend- ation to the Zoning & Planning Commission,, who in turn shall review and submit with its recommendations to the City Council for final action; (d) That the City Staff promptly initiate a thorough study of the O.C.L. Sewer Rates to de- velope an O.C.L. rate which would offset the tax subsidy presently enjoyed by O.C.L. property connected to the Sewer System. Ted Anderson, representing I. B. Magee, developer, requested a clari- fication on the legal and practical effect that Council approval of the City Manager's recommendations on this subject would have on the existing Platting Ordinance, and requested that the Zoning & P1Anning Commission be advised that this policy does not concern its approval of subdivision plats provided the de- veloper provides for satisfactory sewage disposal. After considerable discussion, during which City Attorney Singer ad- vised that adoption by the Council of the policy recommended would mean that sewer service is not available to an area outside the City Limits, Mr. Anderson was advised that the Council did not feel it necessary to give a directive to the Zoning & Planning Coimnission, and suggested that Mr. Anderson's client sub- mit a revised plat correcting the problems questioned by the Ccmonission. On vote, Item "e" relating to the recommendations of the City Manager with regard to 0.C.L, Sewer Policy was approved and adopted as submitted. Regular Council Meeting February 28, 1962 Page 8 ORDINANCE NO. 6437 APPROPRIATING OUT OF STREET BOND IMPROVEMENT FUND NO. 220 THE SUM OF $411.10 OF WHICH AMOUNT $364.80 IS FOR THE ACQUISITION FROM THE SECOND BAPTIST CHURCH A PORTION OF THE NORTH 50 FEET OF LAT. 12, BLOCK 2, HAMPTON ADDITION TO THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY DESCRIBED IN A DEED WHICH HAS BEEN EXECUTED BY THE TRUSTEES OF SAID SECOND BAPTIST CHURCH, A COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF; AND $46.30 IS FOR TITLE EXPENSE, ALL APPLICABLE TO PROJECT NO. 220-53-22.6, REALIGNMENT OF THIRD STREET TO CARANCAHUA AT HANCOCIC;. AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote; Mayor McDonald, Commissioners Swantner, Barnard, de aeon, Maldonado, Roberts,. and Young all present and voting "Aye", The foregoing ordinance was passed by the following vote: Mayor McDonald, Cameisaionere Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". ORDINANCE N0. 6438 APPROPRIATING OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $218,490.00 FOR THE ACgJI31'1'ION OF 35 PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STp g OF Taw AND APPLICABLE TO PROJECT NO. 220-56-24; CROSSTOWN EXPRESSWAY, HIGHW 286 RE[OCATED, A COPY OF WHICH PARCEL LIST I3 ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DjuEC}ING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES COWRACTS FOR AND ON BEHALF OF TRE OITT OF CORPUS CHRISTI, FOR Tag jOWTT SITION OF SAID pApoms, WHEN AND ORLY WHEN THE PURCHASE PRICE IS WITHIN "APPROVED VALUE" AS DETERMINED BY THE STATE; 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 pres- ent 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. 6439 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $1378.30 FOR SPECIAL COMMISSIONERS' FEES, SHERIFF'S FEES, COURT COSTS, APPRIASAL SERVICES AND ADDITIONAL SUMS TO THE PROPERTY OWNERS OF CERTAIN PARCELS OVER AND ABOVE THE AMOUNTS PREVIOUSLY APPROPRIATED, TO COMPLY WITH THE AWARD OF THE SPECIAL COM- MISSIONERS, ALL IN CONNECTION WITH PROJECT NO. 220-56-24, CROSSTOWN EXPRESSWAY,,, HIGHWAY 286 RELOCATED, As HEREINAFTER SET FORTH; AND DECLARING AN EMERGENCY, The Charter rule was suspended by the following vote; Mayor MCDon41d, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Co*issionera Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". Regular Council Meeting February 28, 1962 Page 9 ORMNANCE NO. 644o AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN khZ TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAIL PROPERTIES, IDENTIFYING THE RECORD TiTiS OWNERS, SAID CONDEMNA- TIONS BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EX- PRESSWAY WITHIN THE CORPORATE LIMITS OF TEE CITY OF CORPUS CHRIST:; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE IN- TENTION OF THIS ORDINANCE; 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 thefollowing vote: Mayor McDonald, Commissioners Swantr, Barnard, de Leon, Maldonado, Roberts, and. Young all present and voting "Aye. OBIINANCE NO, 6441 AMENDING THE ZONING ORDINANCE OF THE CDTf 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 RECUT:5, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS ENDBY ORDINANCE NO, 6106 PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE Z0IINI MAP BY CHANGING THE ZONING OF 7.09 ACRES OUT OF LOT 9, SECTION "C" PAISLEY'S SUBDIVISION OF Tat, HOFFMAN TRACT, FRONTING 790ON SUNNfBROOK ROA) AND EXTEE=NG BACK 298' NORTH OF SUNNYBROOK ROAD, IN THE CITY OF CORPUS CHRIST:, NUKES COUNTY, TEXAS, FROM "R -1B" ONE-, FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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 rvle was suspended by the following vote: Mayor McDonald, Commissioners Svantner, Barnard, le 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. ORDINAME NO. 6442 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF ALLAN MOTE, CERTIFIED PUBLIC ACCOUNTANT, TO MAKE AN AUDDT OF THE CITY,s RECORDS FOR THE FISCAL YEAR ENDING JULY 31, 1962, A COPY OF WHICH PROPOSAL IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY, TO EXECUTE AN ACCEIDTANCE OF SAID PROPOSAL; 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 wae passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and. Young all present and. voting 7/Aye". Regular Council Meeting February 28, 1962 Page 10 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREE - NEM WITH THE CORPUS CHRISTI TENNIS ASSOCIATION, FOR A TERM OF FIVE YEARS, CON- CERNING AN AREA OF THE H. E. BUTT PARK, MORE PARTICULARLY DESCRIBED IN SAID LEASE, 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, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye". Mayor McDonald called for petitions or information from the audience on matters not scheduled on the agenda. Mr. E. K. Stone of Railway Express, advised the Council that the management of Railway Express has filed with the Railroad Commission for auth- ority to operate vehicle truck service from Corpus Christi to Victoria, which will tie in with their prevent service from Houston, and that they hope to ob- tain such a permit on a temporary basis; that the necessary public hearing in the matter has been set for March 13, 1962, in Corpus Christi; and requested that the City Council pass a resolution in favor of the Express agency's appli- cation to operate this truck service. Mayor McDonald ruled that the matter be taken under advisement for further study as to whether or not the City would enter any intervention. Paul Vogler presented a list of some 11 books, and of quotes from one of the books in particular, which he emphasized were pornographic, lewd, obscene and lascivious, and strongly urged that the matter be investigated by a committee of God-fearing Christian citizens, and not by intellectual liter- ary critics, and that the books be immediately withdrawn from our public li- braries, ibraries, or at least be made available only to adults, and stated that he wished it clearly understood that he did not believe that any member of this Council was aware that such filth was so readily available to the youth of our City through our school and public libraries. (Council Exhibit 45 in File) The matter was referred to the City Manager with the suggestion that the matter be checked with the Librarian and the Advisory Board for the selec- tion of library books. There being no further business to cane before the Council, the meet- ing was adjourned. 1, BEN F. MC DONALD, Mayor of the City of Corpus Christi, Texas, cerci that the foregoing minutes, same being for the period of February 7, 1962, through February 28, 1962, inclusive, and having been previously approved by Council action, are by me hereby approved. BEN F. MC DONALD, Mayor City of Corpus Christi, Texas