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HomeMy WebLinkAboutMinutes City Council - 04/18/1962REGULAR COUNCIL MEETING April 18, 1962 2:00 P.M. PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner City Manager Herbert W. Whitney Dr. James L. Barnard Asst City Attorney Wayland Pilcher J. R. de Leon City Secretary T. Ray Kring M. P. Maldonado W. J. Roberts Jim Young Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Dr. Ben M. David, of the Eighteenth Street Baptist Church. 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 regular meeting of April 11, 1962, be approved as furnished to the Council. Mayor McDonald acknowledged the resignation from the Port Protection Committee, which committee is composed of the responsible heads of the functioning organizations, of J. T. Dickens due to retirement as Captain of the Corpus Christi Refinery.Terminal Fire Company, and nominated in his place, H. E. Ammerman, Manager of Corpus Christi Refinery -Terminal Fire Company. Motion by Young, seconded by Maldonado that the nomination of H. E. Ammerman to the Port Protection Committee be confirmed. Motion by Swantner, seconded by Maldonado that nominations cease, and that H. E. Ammerman be elected to the Port Protection Committee by acclamation, and there being no objections, Mayor McDonald eo ordered. Mayor McDonald presented a Certificate of Appointment to Mr. Ammerman. Mayor McDonald nominated the following for re -appointment to the Traffic Safety Advisory Board: James M. Wilson, Dr, Joe E. Gardner, and Robert J. Chapman. There being no further nominations, and being no objections, Mayor McDonald declared the nominations closed, and the foregoing reappointed to the Traffic Safety Advisory Board. Mayor McDonald called for the City Manager's Reports. Motion by Roberts, seconded by de Leon, and passed that the City Manager's reports be accepted,with the exception of Item "h" regarding the setting of a date for public hearing on 4 zoning cases which was withdrawn, and the recommendations and requests be approved and granted, as follows: • Regular Council Meeting April 18, 1962 Page #2 a. That the contract for the construction of Oso Sewage Treatment Plant Improvements, Unit I, be made to Burtex Constructors in the sum of $215,280.00, and that $232,000.00 be appropriated for this project. b. That the contract for the construction of Unit II, of the Airport Ditch Storm Sewer, including the Blake Interceptor Line, be awarded to Heldenfels Brothers for Alternate #1, in the amount of $222,126.00, and that $242,250.00 be appropriated for this project; c. That $173,700.00 be appropriated from No. 211 Library Bond Funds for reimbursement to the General Fund for funds in like amount appropriated in con- nection with the construction of the Parkdale Branch Library; d. That authority to advertise for bids to be received on May 2, 1962, on 21 items of Weld Fittings, consisting of caps, ells, reducers, and flanges in various sizes, be granted; e. That the award of bid on Library Furniture and Equipment be made to the following on the basis of low bid meeting specifications; To Estey Corp. for Lot I, Steel Library Bookstacks, for $3,642.00; To Remington Rand for Lot II, Library Reading Tables and Chairs, for $3,543.33, and Lot III, Card Catalog Units, for $1,939.80, for a total of $5,483.13; to Browning Brothers, for Lot IV,, Lounge Furniture, for $784.10; and to Better Business Equipment & Systems Company for Lot V, Desks, Chairs, and Stack Stools, for $763.04; making a grand total of $10,672.27; (See Bid Tabulation #18 in File) f. That the following seven annual supply contracts be extended so as to expire on July 31, 1962, the end of the City's fiscal year; Cathodic Protection Service covering Anodes; B. L. Henderson & Sons, Inc. covering Fertilizer; San Antonio Machine & Supply Company covering Sewer Tile & Fittings; McAllen Fipe & Supply Co., Inc. covering Cast Iron Gate Valves; Pipe Line Service Corporation covering Coating & Wrapping of Steel Pipe; McAllen Pipe & Supply Co., Inco covering Brass Service Fittings; and Municipal Pipe & Fabricating Co. covering Tapping Sleeves & Valves; g. That the sum of $50,000.00 of the retainage in connection with the McArdle Sewer Project be. released and paid to the contractor,, Burtex Constructors, • Regular Council Meeting April 18, 1962 Page #3 Inc., subject to the furnishing of a letter by the bonding company agreeing to the release, in view of the fact that 80% of the line is completed and actually in use by the City; h. (Withdrawn as stated above in the motion) i. That the Scout Hut at 3750 Highway #9 be designated as Substitute Polling Place for Precinct 6; and Mrs. Lucille Weldon be appointed as Substitute Judge for Precinct 2. City Manager Whitney advised the Council that he expected to have a report by next week's meeting with respect to the pending matter of the Sprinklers. ORDINANCE NO, 6489 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORK'S WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR TEE IMPROVEMENTS OF: 1. KOSAR STREET, FROM AYERS STREET TO NAPLES STREET (2BL0CKS',.; 2. VINE STREET, FROM HAMILTON ROAD TO EAST FRONTAGE ROAD OR MAKIOt BRIDGE; 3. VINE STREET, FROM WEST FRONTAGE ROAD OF HARBOR BRIDGE TO AVENUE "D"; 4. VINE STREET, FROM AVENUE "D' TO U. S. HIGHWAY 181; 5. DAVIS STREET, FROM TIMON BLVD. TO AVENUE "D"; 6. DAVIS STREET, FROM AVENUE "D" TO HIGHWAY 181; AND 7. HAMILTON ROAD EXTENSION FROM BUSHICK PLACE TO OXFORD PLACE AND SETTING THE DATE OF MAY 9, 1962, AS THE DATE FOR A PUBLIC HEARING; GIVING THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING SAID STREETS AND PORTIONS THEREOF TO BE IMPROVED NOTICE OF SUCH HEARING; DIRECTING THE GIVING OF NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. The Charter rule was suspended by ths following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, 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, 6490 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH FURTEX CONSTRUCTORS, INC., FOR CONSTRUC- TION OF OSO SEWAGE PLANT I)PROVEMENTS, UNIT I, PROJECT NO, 250-61-25.1; APPROPRIAT- ING OUT OF N0. 250 SANITARY SEWER BOND CONSTRUCTION FUND THE SUM OF $232,000.00 OF WHICH AMOUNT $215,280.00 IS FOR THE CONSTRUCTION CONTRACT, $10,220.00 IS FOR CONTINGENCIES INCLUDING LEGAL ADVERTISING AND LABORATORY TESTING, AND $6,500,00 IS FOR ENGINEERING AND DETAIL INSPECTION; AND DECLARING AN ErRGENCY. The Charter rule was suspended by the following vote Mtyor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present and voting "Aye". • • Regular Council Meeting April 18, 1962 Page #4 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. 6491 AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR CONSTRUCTION OF THE AIRPORT DITCH, UNIT II STORM SEWER, PROJECT NO. 295-61-6.2; APPROPRIATING THE SUM OF $242,250.00, OF WHICH $236,550.00 IS FROM N0. 295 STORM SEWER BOND FUNDS APPLICABLE TO PROJECT NO. 250-61-6.2, AND $5,700.00 IS FROM NO. 220 STREET BOND FUNDS APPLICABLE TO PROJECT NO. 220-53-23.1, "ACCESS ROADS", AS A PART OF THE OVERALL PROJECT AND FROM THE SAID FUNDS HEREBY APPROPRIATED, $222,126.00 IS FOR THE CONSTRUCTION CONTRACT AND $20,124.00 IS FOR ENGINEERING AND CONTINGENCIES, INCLUDING LEGAL ADVERTISING AND LABORATORY TESTING; 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 folio ng vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present and voting "Aye". OR1INANCE NO. 6492 APPROPRIATING OUT OF NO. 211 LIBRARY BOND FUND THE SUM OF $173,700.00 FOR CONSTRUC- TION OF THE PARKDALE PLAZA BRANCH LIBRARY PROJECT, PROJ. NO. 211--61-1; AUTHORIZING REIMBURSEMENT OF NO. 102 GENERAL FUND FOR ALL AMOUNTS PREVIOUSLY ADVANCED BY THE GENERAL FUND FOR THIS PROJECT, AND CANCELLING THE UNEXPENDED BALANCE OF APPROPRIA- TIONS AUTHORIZED BY ORDINANCE NO. 6417; 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 6493 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 A PORTION OF THE WEST HALF OF LOTS 1 AND 2, BLOCK 3, COLONIA HIDALGO ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • Regular Council Meeting April 18, 1962 Page #5 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. 6494 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 SEC, 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 GRANT- ING A SPECIAL USE PERMIT FOR LOTS 20 AND 21, BLOCK 7, LA ARBOLEDA ADDITION, BEING AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE PURPOSES AND UNDER THE CONDITIONS HEREIN CONTAINED; 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. 6495 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIB- ING SAID PROPERTIES, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATIONS BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTI- TUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTION 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 the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young, all present and voting "Aye". Al Payne, owner of the Green Thumb Garden & Pet Shop at 4128 Ayers, complained that he had been given 48 hours in which to comply with the City ordinance which regulates the number of chickens and ducks that may be kept; that he had not known regulations and in complying with the ordinance, that he had lost $1500 in so doing; that the main pet shops had not been notified in advance, only the variety • • Regular Council Meeting April 18, 1962 Page #6 stores; that chickens and ducks are no dirtier than dogs and cats; and that there are still a numberof small stores selling these items, and that the law should be enforced impartially. The matter was referred to the City Manager for handling as to the im- partial enforcement of the law, and Mr. Payne was advised of hitt, right to confer with City Manager Whitney in confidence with regard to any complaint of adminis- tration or violation.. The meeting was adjourned to reconvene at 400 p.m., for the purpose of public hearing on 3 zoning applications scheduled for that time, Mayor Pro Tem Tom R. Swantner called the meeting to order at 4 P.M. for the purpose of the advertised public hearings on 3 zoning applications, with the following present on roll call by City Secretary Kring: Mayor Pro Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young, City Manager Whitney, Assistant City Attorney Pilcher, and City Secretary Kring. Motion by de Leon, seconded by Roberts and passed that the absence of Mayor McDonald be excused for cause. Mayor Pro Tem Swantner announced the public hearing on the application of Mr. & Mrs. Henry Vaclavik for a change of zoning from "B-1" Neighborhood Busi- ness District to "B-4" General Business District on Lot 20, Block 2, Mahan Acres. William Anderson, Director of Zoning & Planning, located the property as being on the East side of Kostoryz Road and. 307.5 feet North of the intersection of Kostoryz Road and McArdle Road; explained the purpose of the application was so that the applicants' son, Robert Vaclavik who has a tabled zoning application for the same "B-4" zoning on Lot 19, can operate a used car lot on the property; that there vere 2 written returns received in favor of this application and 1 a- gainst; and that the recommendation of the Zoning & Planning Commission was that the request for "B-4" zoning be denied, but that a Special Permit beapproved sub- ject to the following conditions: 1) That Lot 20, Block 2, Mahan Acres be used for a used car sales lot which is not to include automobile mechanical or body repair work; 2) That a minimum of 2 off-street parking spaces or 1 per each 300 sq.ft. of floor area be provided; 3) That outdoor lighting for the sales lot be installed with proper reflectors to direct lights away from Kostoryz Road and the residential use across Kostoryz Road; 4) That outdoor .lighting facilities be Regular Council Meeting April 18, 1962 Page 7 turned off by 9:00 P.M.; 5) That pennants or similar devices for advertising pur- poses be prohibited; 6) That ingress and egress be approved for conformity to City standards; 7) That a suitable tire stop set back 2 feet from the front prop- erty line to prevent overhang of vehicle bumpers into the sidewalk area be con- structed; 8) That signs be in conformity with regulations of "B-1" Neighborhood Business District; 9) That a site plan showing details of the above conditions and any buildings to be constructed in connection with this use will be presented to and approved by the Zoning & Planning Commission. Mayor McDonald arrived at the meeting, and announced that he would sit as a member of the Council, since he would have to be excused presently on City business, and that Mayor Pro Tem Swantner would continue to preside. Mr. Anderson further pointed out that there was a deficiency of at least 1' in the tire stop setback as shown on the site plan sketch which would be cor- rected. Robert Vaclavik appeared in support of the proposed use of the property for a used ear sales lot, presented a petition in favor of the use, stated that none of the property owners within 2 blocks either side objected including the Trinity Nazarene Church, and that the conditions recommended by the Commission were satisfactory to him. It was noted that the vote of the Zoning & Planning Commission on its recommendation for denial of the change in zoning and the granting of a Special Use Permit instead was 3 in favor, 2 against, and 4 members absent. No one else desiring to be heard, the hearing was declared closed. Motion by McDonald, seconded by Roberts and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the change of zoning on Lot 20, Block 2, Mahan Acres, be denied, but that in lieu, a Special Council Permit be granted subject to the following prescribed conditions: 1) That Lot 20, Block 2, Mahan Acres be used for a used car sales lot which is not to include automobile mechanical or body repair work; 2) That a minumum of 2 off-street park- ing spaces or 1 per each 300 sq.ft. of floor area be provided; 3) That outdoor lighting for the sales lot be installed with proper reflectors to direct lights away from Kostoryz Road and the residential use across Kostoryz Road; 4) That outdoor lighting facilities be turned off by 9:00 P.M.; 5) That pennants or simi- lar devices for advertising purposes be prohibited; 6) That ingress and egress be • • Regular Council Meeting April 18, 1962 Page 8 be approved for conformity to City standards; 7) That a suitable tire stop set back 3 feet from the sidewalk line to prevent overhang of vehicle bumpers into the side- walk area be constructed; 8) That signs be in conformity with regulations of "B-1" Neighborhood Business District; 9) That a site plea showing details of the above conditions and any buildings to be constructed in connection with this use be pre- sented to and approved by the Zoning & Planning Commission. Mayor Pro Tem Swantner announced the public hearing on the application of Wm. R. Casey, acting for the Primitive Baptist Church, and Mr. Charles Campbell for a change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighbor- hood Business District on Lots 1, 2, 3, 4, & 5, Block 3, Hillcrest Addition. Mr. Anderson located the property on the map as being on the North cor- ner of the intersection of Van Loan Avenue and Hulbirt Street, now occupied by the Church and a single-family dwelling; explained that the proposed use was for a colored funeral home; submitted a petition of 117 signatures within the area in opposition to the application; explained that there had been 10 lettere received in opposition and none in favor of the change; and that the recommendation of the Zoning & Planning Commission was that the application be denied on the basis that it would constitute spot zoning. Charles Beauchamp, representing Mr. John New of 1322 Van Loan, and some dozen property owners in the audience, Mrs. A. B. Johnson, 1401 Stillman, Mrs. R.C. Mayfield, 2818 Hulbirt, E. L. Horne, 2815 Hulbirt, and Mrs. Pearl L. Sanford, 1402 Van Loan, all spoke in opposition to the change in zoning on the basis that this was a completely residential neighborhood, and that there vas no need for the pro- posed funeral home as evidenced by a letter submitted from J. B. Flowers of Jackson & Flowers Funeral Home to the effect that his business has never been overcrowded. No one else desiring to be heard, Mayor Pro Tem Swantner declared the hearing closed. Motion by de Leon, seconded by Young and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the application be denied. Regular Council Meeting April 18, 1962 Page 9 Mayor Pro Tem Swantner announced the public bearing on the application of Messrs. Wesley Walker, Ralph Rose, and Frank Davis for change of zoning from "A-2" Apartment House District and "B-4." General Business District to "I-2" Light Industrial District on a rectangular tract of land fronting on 25tb Street between Morgan and Buford Streets and being a portion of the Tyre Mussett Tract more fully described by metes and bounds. Mr. Anderson located the property on the map, and pointed out the land uses in the area, and submitted that 2 written returns were received in favor of this application and none against, and that the recommendation of the Zoning & Planning Commission was that it be approved subject to 1) Construction of a solid 6 -foot fence adjacent to the front property line along 25th Street; and 2) Filing of proper plat. Milton Walton, attorney, representing the applicants, spoke in favor of the application by explaining the existing land use and ownerships of the proper- ties extending through the block with frontage on both 25th Street and Port Avenue with split zoning which hampers proper development and use of the properties; re- quested that the condition for the filing of a proper plat be amended or interpret- ed to mean that each individual property owner involved file a plat of his proper- ty so as not to withhold the zoning of any of the other owners, and that the re- quirement of a solid fence be amended or changed to require a planting strip on the basis that there is presently a chain link fence along the property at the back of the apartment houses and that a solid fence construction might tend to interfere with the adequate policing of the properties. The applicants present in the audience expressed their agreement to an acceptable screening of the indus- trial property from the apartment zoning. Mayor McDonald excused himself from the meeting, and requested that the minutes reflect that he concurred with the recommendation of the Zoning & Planning Commission and voted in favor of the change of zoning. There followed discussion among the Council with respect to the filing of plats and the fencing of the properties in question. No one else desiring to be heard, Mayor Pro Tem Swantner declared the hearing closed. • Regular Council Meeting April 18, 1962 Page 10 Motion by Roberts, seconded by de Leon and passed that the zoning of a certain rectangular tract of land fronting on 25th Street between Morgan and Buford Streets and being a portion of the Tyre Museett Tract beginning at a point in the West ROW line of 25th Street, said point being 150' North of the intersection of the West ROW line of 25th Street and North ROW line of Morgan Street; thence North along the Weet ROW line of 25th Street 550' to a point for corner, said point being 143.13' South of the South ROW line of Buford Street; thence West 139.18' along a line 143.13' South of and parallel to the South ROW line of Buford Street to a point for corner; thence South 550' along a line 139.18' West of and parallel to the West ROW line of 25th Street to a point for corner; thence East 139.18' along a line 150' North of and parallel to the North ROW line of Morgan Street to the point of beginning, be changed from "A-2" Apartment House District and "B-4" Gener- al Business District to "I-2" Light Industrial District, subject to plats being filed on individual tracts, and subject to protective screening being provided along 25th Street, with the understanding that the failure of one property owner to file a plat on his respective tract, will not affect the zoning of any other tracts in this application which have complied with the requirements herein set out. City Manager Whitney present Item "h" which had been withdrawn from the City Manager's reports earlier in the meeting, with respect to the setting of a date for public hearing on 4 zoning applications, 2 of which were of an emergency nature. h. Motion by Roberts, seconded by Maldonado and passed that the date of May 9, 1962, at a Special Council Meeting, at 4:00 P.M., be set for hearing on the zoning applications of Mr. J. W. Broughton and Omaha Venetian Blind Company; and that the setting of a date for public hearing on other zoning applications be de- termined at next week's regular meeting. There being no further business to come before the Council, the meeting was adjourned.