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HomeMy WebLinkAboutMinutes City Council - 04/11/1962PRESENT: 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 April 11, 1962 2:00 P.M. 7/jelc 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 Reverend Joe K. Ader, Pastor of Wesley Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Barnard and passed, with Commissioner Swantner abstaining, that the minutes of the regular meeting of April 4, and the special meeting of April 10, 1962, be approved as furnished to the Council. Commissioner Swantner asked that the minutes reflect that he had abstained since he had not been present at the special meeting. Mayor McDonald welcomed and presented a certificate of Honorary Citizen- ship and a symbolic Key to the City to Mohammed H. Rahimtoola, Chief Engineer of Pakistan, who accepted these tokens with grateful appreciation. Mayor McDonald announced the opening of bids. Bids were opened and read on the Airport Ditch, Unit II, and Blake Inter- ceptor, Unit I, Storm Sewer Improvements, from the following: H & H Concrete Construction Co.; South Texas Construction Co.; Bur -Tex Constructors, Inc.; Slovak Brothers; and Heldenfels Brothers. Mayor McDonald left the meeting temporarily, and turned the Chair over to Mayor Pro Tem Swantner. The foregoing bids were 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 an estimated 3 months' supply of Fuel Re- quirements, consisting of Regular Gasoline, Premium Gasoline, Diesel Fuel, and Kerosene, from the following: Ada Oil Co.; Gulf Oil Corp..; Key Petroleum Co.; Mobil Oil Co.; Texaco, Inc.; Texas Star Oil Co..'; and Crystal Petroleum Co. • Regular Council Meeting April 11, 1962 Page 2 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 returned to the meeting and resumed the Chair. Bids were opened and read on 5 lots of Library Furniture and Equipment for the Parkdale Branch Library from the following: American Seating Company of Texas, Dallas; Art Metal, Inc., Jamestown, N.Y.; The Jack Bonner Co., Corpus Christi; Bro-Dart Industries, Newark, N.J.; Estey Corp., Red Bank, N.J.; Hoover Brothers, Inc., Temple; Remington Rand, Houston; John E. Sjostrom Co., Philadelphia; Virginia Metal Products, Inc., Orange, Va.; Browning Bros., Corpus Christi; Better Business Equipment & Systems, Dallas; and John H. Yochem. 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 next consider Appointments to Boards & Committees. Commissioner Roberts placed in nomination the name of L. A. Braun, and re- quested that he be nominated and elected to the Examining & Supervising Board of Electricians by acclamation; and hearing no objections, Mayor McDonald so ordered. Mayor McDonald announced the Council would consider some pending items of zoning, and asked for the recommendation of the Council Sub -committee on the appli- cation of Joe V. Fernandez for a change of zoning from "8-1" to "8-4" on Lots 20 & 21, Block 7, La Arboleda Addition. William Anderson, Director of Zoning & Planning, speaking for Commissioners Maldonado and Young, reported that the sub -committee had inspected the property in question, taken pictures, and considered the requested zoning in relation to the surrounding area, and recommended that the re -zoning be denied, but that a Special Council Permit be granted for a plumbing shop with the stipulation that all pipe and materials be stored and kept inside a building. Motion by Maldonado, seconded by Barnard and passed, with Commissioner Swantner abstaining, that the application of Joe V. Fernandez for a change of zoning from "B-1" to "B-4" on Lots 20 & 21, Block 7, La Arboleda Addition, be denied, and that in lieu a Special Council Permit be granted permitting the use of the property for a plumbing shop operation with the stipulation that all pipe and materials be • Regular Council Meeting April 11, 1962 Page 3 stored and kept enclosed in a building. Commissioner Swantner asked that the minutes reflect that he had abstained since he had not been present at the public hearing on this application. Mayor McDonald asked for the recommendation of the sub -committee of Com- missioners Maldonado and Young on the application of Mrs. F. F. Duke for a change of zoning from "R -1B" to "B-4" on Lots 9 & 10, Block 4, Sunflower Addition #2. William Anderson, speaking for Commissioners Maldonado and Young, reported that the sub -committee had inspected the property, taken pictures, and considered the requested zoning in relation to the surrounding area, which is completely resi- dential with an elementary school almost directly across the street; and recommend- ed that the re -zoning be denied on the basis that adequate relief for this noncon- forming use can be obtained through the Board of Adjustment as set forth in the zoning ordinance. Motion by Maldonado, seconded by de Leon and passed that the request of Mrs. F. F. Duke for a change of zoning from "R -1B" to "B-4" on Lots 9 & 10, Block 4, Sunflower Addition #2, be denied. Mayor McDonald requested that an explanatory letter be written to Mrs. Duke advising her of the relief she can obtain by going before the Board of Adjustment. Mayor McDonald announced the pending item of the application of Woodrow Greenwood for a change of zoning from "R -1B" to "B-4" on a portion of the West half of Lots 1 & 2, Block 3, Colonia Hidalgo Addition, A. H. Hurst, realtor, representing the applicant, explained that an error in the survey for the taking of right-of-way for the freeway has now been corrected, that the matter of right-of-way has been settled, and that the applicant is re- questing business zoning in order to realize some return from his property. During a short discussion it was suggested that "B-1" zoning for this property would be sufficient for the applicant's purposes at present, and that this would serve as a buffer between the industrial zoning and the residential zoning of that area. Motion by Roberts, seconded by Maldonado that business zoning be granted for this property, but that the request for "B-4" zoning be reduced to "B-1" zoning. • Regular Council Meeting April 11, 1962 Page #4 The foregoing motion was amended by Commissioner Roberts, and seconded by Maldonado, and passed that the application of Woodrow Greenwood for a change of zoning from 'Rt -1B" to 'B-4" on a portion of the West half of Lots 1 & 2, Block 3, Colonia Hidalgo Addition, be reduced to "B-1" and granted for that portion of the property in question that lies outside the right-of-way for the proposed free- way only. Commissioner Roberts, reporting for the sub -committee of Roberts, Barnard, and de Leon, recommended after careful inspection and consideration of the property involved in the application of John Wright for a change of zoning from "I-2" to "I-3" on the 3.044 acre tract, except the 100 x 150 feet of the Southeast portion of this tract which is a portion of the Original Tyre Mussett Tract, being located at the Southwest corner of Port Avenue and Buford Street, that the zoning should not be changed at this time, since there are no definite plans for development by which to determine the need for re -zoning. John Wright, applicant, requested that his application be tabled until such time as he has definite plans for development of the property. It was explained that the provision for a decision on a request for re- zoning within 45 days is primarily for the protection of the applicant and carries no penalty nor does it constitute automatic granting of the request. Motion by Roberts, seconded by Swantner and passed, that the application of John Wright for a change of zoning from "I-2" to "I-3" on the 3.044 acre tract, except the 100 x 150 feet of the Southeast portion of this tract which is a portion of the Original Tyre Mussett Tract, being located at the Southwest corner of Port Avenue and Buford Street, be continued under advisement. Mayor McDonald reported that he had been called out of Council meeting earlier for a telephone call from the Honorable Jerry Sadler, Land Commissioner, with regard to the matter of the Padre Island National Seashore Bill which has just passed the Senate of the United States and is now pending in the Congress. Mr. Sadler stated his concern was regarding some 70,000 acres of submerged lands off -shore, but that he was prepared to cooperate with efforts throughout the State to make Padre Island National Seashore a reality. Mayor McDonald called for the City Manager's reports. Motion by Roberts, seconded by Young and passed that the City Manager's Reports be approved as submitted, with Items "a" and "e" withdrawn, and that the • Regular Council Meeting April 11, 1962 Page 5 recommendations and requests be granted and approved, as follows: a. (Withdrawn pending further negotiation by the City Manager in regard to possible reduction in the cost of construction of the Oso Sewage Treatment Plant Improvements, Unit I, on the basis of the City's furnishing exemption certificate for the 21 State Sales Tax) b. That the award of bid on 750 House Type Gas Service Regulators be made to Economy Governor Company, the low bidder meeting specifications, at $5.05 each for a total of $3,787.50; (See Bid Tabulation #17 in File) c. That the City Manager be authorized to make application for a Federal Grant under Public Law No. 660 in connection with the proposed Oso Sewage Plant Improvements and Expansion, and to sign all related material and forma; d. That the Tax Error & Correction List for March, 1926, be approved; e. (Withdrawn for discussion at Workshop Session as to whether or not a certain portion of retainage fee shall be returned to the contractor at this time in connection with the McArdle Sewer Project). Mayor McDonald commented on the results of a recent meeting with City Manager Whitney, Police Chief Runyan and interested citizens and mercantile store owners and representatives with reference to the proper enforcement of the State Law regarding the sale of specified articles only 6 days a week except under affi- davit as an emergency need, and directed City Manager Whitney to check on the matter, and as an administrative matter take whatever steps are necessary to carry out the law in a fair and impartial manner. In connection with the recommendation of the Task Force with respect to Sprinkler Systems, City Manager Whitney reported that he has made arrangements for a member of the Fire Engineers Prevention Bureau, a branch of the National Bureau of Fire Underwriters, to come from Dallas to the Workshop Session on Monday night and present such facts as he may have relating to the issue, and the Council agreed to hear his information. Regular Council Meeting April 11; 1962 Page 4-6 ORDINANCE NO. 6482 • 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 14, 15, 16, 17, 18, 19, 20 AND 21, BLOCK 22, LOTS 17 AND 18, BLOCK 20, LOTS 1, 2, 3 AND 4, BLOCK 25, AND LOTS 2, 3, 4, 5, 6, 7, 8 AND 9, BLOCK 24, ALL WINDSOR PARK UNIT #4, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APART- MENT HOUSE 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 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. 6483 MAKING IT AN OFFENSE TO TRESPASS IN OR UPON, INTERFERE WITH, OR USE PROPERTY OF ANOTHER PERSON WITHOUT CONSENT; DESIGNATING SUCH PROVISION AS AN AMENDMENT TO CORPUS CHRISTI CITY CODE, 1958, AS A NEW SECTION TO BE NUMBERED SECTION 23-37; MAKING IT AN OFFENSE TO FAIL TO PROMPTLY LEAVE THE PREMISES OF ANOTHER PERSON WHEN REQUESTED AND DESIGNATING SUCH PROVISION AS AN AMENDMENT TO CORPUS CHRISTI CITY CODE, 1958, AS A NEW SECTION TO BE NUMBERED SECTION 23-38; PROVIDING PENALTY, PUBLICATION AND SEVERANCE CLAUSES AND EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present and voting "Aye". ORDINANCE NO. 6484 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND HOLT-RULINGS REALTY COMPANY, PROVIDING FOR THE ANNEXATION OF THAT CERTAIN AREA OR PARCEL OF LAND CON- SISTING OF A 0.92 ACRE TRIANGULAR STRIP OF LAND OUT OF FRACTIONAL SECTION #4 in RANGE IX, HENRY L. KINNEY SECTIONIZED LANDS, BEING A PORTION OF THE COMAR INDUS- TRIAL TRACTS, NUECES COUNTY, TEXAS, WHICH LIES BEYOND THE PRESENT CITY LIMITS LINE OF THE CITY OF CORPUS CHRISTI, TEXAS, 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, 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 April 11, 1962 Page #7 RESOLUTION NO. 6485 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE ALL AGREEMENT FORMS AS REQUIRED BY THE STATE IN CONNECTION WITH THE CITY'S APPLICATION FOR A FEDERAL GRANT UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, PUBLIC LAW NO. 660 84TH CONGRESS, AND APPLICABLE TO THE CONSTRUCTION OF THE PRO- POSED OSO SEWAGE TREATMENT IMPROVEMENTS AND EXPANSION; 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 Resolutim was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present and voting "Aye". ORDINANCE N0. 6486 EXTABLISHING FEES FOR USE OF THE TENNIS CENTER AT SOUTH BLUFF TENNIS CENTER; PROVIDING REGULATIONS FOR ISSUANCE OF CARDS AND TICKETS; PROVIDING PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following votes 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. 6487 APPROPRIATING THE SUM OF $2195.25 OUT OF NO. 220 STREET BOND IMPROVEMENT FUND FOR SPECIAL COMMISSIONERS° FEES, COMMISSIONERS° AWARDS, AND SHERIFF'S FEES, ALL IN CONNECTION WITH THE ACQUISITION BY THE CITY OF PARCELS 1 AND 2, WILLOW STREET IM- PROVEMENTS, PROJECT N0. 220-53-22.4, AS HEREINAFTER SET FORTH; 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 presert 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 April 11, 1962 Page #8 ORDINANCE NO, 6488 APPROPRIATING OUT OF NO, 220 STREET BOND IMPROVEMENT FUND THE SUM OF $49,65 FOR SPECIAL COMMISSIONERS' FEES, AND CONSTABLE'S FEES, 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 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". Mayor McDonald called for petitions or information from the audience on matters not scheduled on the agenda. John Kirton and Robert L. Belhausen urged that the specifications for the Holly Road Reservoir project be rewritten to provide that the work shall come under the Building Trades Wage Scale instead of Highway Classification. City Manager Whitney was directed to look into the matter, and see that the work is properly classified so that the prevailing wage for similar work in this area will be in force for this project. There being no further business to come before the Council, the meeting was adjourned.