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
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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.
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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
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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.
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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
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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
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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".
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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.