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HomeMy WebLinkAboutMinutes City Council - 10/10/1962s CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October, 10, 1962 2x00 p.m. PRESENT: Mayor Ben F. McDonald Commissioners: Tom R. Swantner Dr. James L. Barnard J. R. de Leon M. P. Maldonado W. J. Roberts Jim Young 1))-- • City Manager Herbert W. Whitney City Attorney I. M. Singer Acting City Sec'y Doris Francis Mayor Ben F. McDonald called the meeting to order. The Invocation was given by Dr. James L. Barnard in the absence of the invited guest Chaplain. Acting City Secretary Doris Francis called the roll of those in attendance. Motion by Barnard, seconded by Young and passed that Mrs. Doris Francis be appointed Acting City Secretary during the absence of City Secretary T. Ray Bring. Motion by Maldonado, seconded by Young and passed that the minutes of the regular meeting of October 3, 1962, as furnished to the Council, be approved. Mayor McDonald announced receipt of a letter of resignation from Wesley Hammond of the Building Standards Commission. Motion by Swantner, seconded by Maldonado and passed that the resigna- tion of Wesley Hammond from the Building Standards Commission be accepted. Mayor McDonald placed in nomination the name of Jack Rice Turner, archi- tect, to fill the foregoing vacancy. Motion by Young, seconded by Swantner that the nominations cease, and there being no objections, it was so ordered. Motion by Young, seconded by Swantner and passed that Jack Rice Turner be appointed to fill the unexpired term of Wesley Hammond on the Building Stand- ards Commission. Mayor McDonald welcomed and introduced Jack Rice Turner, Harvey, J -r Fry, Jr. and Harris Evans of the Building Standards Commission; emphasized the importance and need for this Commission; and asked Mr. Fry to outline a few of the needs of the Commission and any recommendations the Commission might have at this time, parti- cularly with respect to Corpus Christi Beach. In replying, on behalf of the Commission, Mr. Fry emphasized by specific examples and statistics, the need for determining whetheror not the existing • Regular Council Meeting October 10, 1962 Page 2 ordinance with respect to buildings or structures found by the Building Standards Commission to be sub -standard is legally enforceable, and specifically requested that condemnation suits be carried to completion, and that for at least a period• of 90 days, Building Inspector Lonnie Kubala be assigned to this work on a full- time basis, and that he be furnished adequate secretarial services. After discussion among the Council, Mayor McDonald requested the City Manager to note the specific requests made by Mr. Fry, confer with the City Attorney on the question of the Legal Staff pursuing these cases, and report to the Council at next Monday night's Workshop Session, as the Council would like to see this law enforced or taken off the books. Mayor McDonald left the meeting temporarily, and turned the Chair over to Mayor Pro Tem Swantner. Mayor Pro Tem Swantner called for the City Manager's Reports, and Mayor McDonald returned to the meeting and resumed the Chair. Motion by Roberts, seconded by Young and passed, with Commissioner de Leon abstaining on Item "e" only, that the City Manager's Reports be accepted as presented, and that the recommendations and requests be approved and granted, as follows; a. That the City concur in the request of the Missouri Pacific Rail- road Company and accept the increase in the rental rate on the storage and material yard used by the Street Division from its present rate of $90.00 per annum to $339.58 per annum; b. That the sum of $277.00 be appropriated out of #230 Bridge Bond Fund to reimburse the Operating Fund for the cost of electrical repairs made to the City's rental residence located at 5318 Highway #9 on the Jamison Tract, which was acquired for right-of-way in connection with the Bridge Relocation Project; c. That authority be granted to advertise for bids to be received on October 24, 1962, on an estimated 5 -months' supply of Portland Cement; d. That authority be granted to advertise for bids to be received on October 31, 19b2, on one Marina Patrol Boat; Reg. Council Meeting - 10/10/62 Page #3 e. That the request of Palm Plaza, Inc., owner of the North one-half of Block 37, Del Mar Addition, for permission to use street right-of-way on the South side of Cole Street, between Brownlee Boulevard and Staples Street, for a parking area, be granted, and a suitable agreement be authorized; f. That the following 8 applications for Interim Zoning Permits under Article 31 of the Zoning Ordinance, having been approved by the Zoning f, Planning Commission, be approved: Garth Taylor, to continue a house moving contractor yard for moving, repairing and storage of buildings, on 4.79 acres out of Fallin'a Riverside Subdivision, located at 12233 Up River Road; SWACO, for permit for office and warehouse for --oil field service company, on a portion of Lop'55 Section 7, Bohemian Colony Lands at 1706 Saratoga Boulevard; Harvey R. Ex ed, for temporary location of trailer house, on Lot 4, Block 1, Lakeview Acres at 6902 Lakeview; Mrs. Clifford A. Ballard, for location of 2 separate house trailers, on Lot 15, Block 2, Nueces Acres at 11633 Mallard Drive; John Tucker, for masonry building for drive-in grocery store, on a portion of the P. Hinojosa Survey at 9762 High- way #9; B. L. Moorhouse, for permit for office and warehouse additions, on a portion of Lot 1, Section 8, Bohemian Colony Lands at 3047 Holly Road; P. A. Sandblom, for permit to erect a grand stand and completion of other rodeo facilities, on a portion of Section 4, Bohemian Colony Lands at 5302 Woolridge Road; and C. R. Kibby, for a house moving contractors yard for moving, repairing and storage of buildings, on a 3 acre tract out of Lot 4, Section 3, Bohemian Colony Lands; g. That the City Manager be granted Leave of Absence from October 13, 1962, through October 21, 1962, to attend the annual conference of the International City Managers' Association, and that R. Marvin Townsend be appointed Acting City Manager during his absence. ORDINANCE NO. 6665 APPROPRIATING OUT OF NO. 230 BRIDGE BOND FUND THE SUM OF $277.00 TO DEFRAY COSTS OF ELECTRICAL WIRING FOR THE CITY'S RENTAL RESIDENCE LOCATED AT 5318 HIGHWAY NO. 9 ON THE JAMISON TRACT, WHICH WAS ACQUIRED FOR RIGHT OF WAY IN CONNECTION WITH THE BRIDGE RELOCATION PROJECT, THE REWIRING OF SAID RESIDENCE BEING NECESSARY FOR HABITABLE PURPOSES; 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 October 10, 1962 Page #4 ORDINANCE N0. 6666 • CLOSING OF THE DEAD END SECTIONS OF MAGUEY AND CENIZO STREETS BETWEEN BLOCKS A, B AND C, HARBOR VIEW ADDITION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, RESERVING THE ENTIRE PORTION OF THE AFORESAID STREET AS AN EASEMENT; 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". Commissioner Barnard reported orally on the so far successful and pro- ductive meetings of the Annexation Committee that are being held on Mondays at 1:30 p.m., in the Council Reception Room, and some of the problems that have been discussed, such as matters relating to the Calallen Fire District, the Clarkwood Water District, and particularly stressed the immediate need for protection for school children and school buses in the newly annexed area, since the former pro- tection provided by State Law regulating traffic on highways does not apply within the City Limits. After some discussion of the immediate danger to our school children, the City Attorney was instructed to prepare an ordinance for passage later in this meeting, adopting applicable regulations similar to those provided in the State Law. Commissioner Barnard and Mayor McDonald reported that members of the Site Committee for theselection of a location for a State School for Mentally Retarded Children and interested businessmen who had last Friday visited the site proposed by the City for such school had been very favorably impressed with the preliminary presentation made by the City, and that a great deal of support is being received in the form of letters and resolutions from the entire South Texas area to be included in a brochure being prepared by Mr. Anderson, Director of Zoning i Planning, for formal presentation to the Site Committee on October 15, 1962. City Manager Whitney reported that in connection with the proposed street improvements for Lum Street, Streets in the De Zavala School area, and Regular Council Meeting October 12, 1962 Page #5 Kenwood Drive adjacent to the Robert Driscoll School, the abutting property owners of both sides of the one -block section of Elesa from Mary to Highway 44 had been contacted and had reaffirmed his definite refusal to participate in this voluntary assessment. ORDINANCE NO, 6667 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING ON LUM STREET FROM AIRLINE ROAD TO GOLLIHAR ROAD; ON ELESA STREET FROM MARY STREET TO RUTH STREET; ON CHIPPEWA STREET FROM ELEANOR STREET TO FRANCESCA STREET; ON RUTH STREET FROM ELEANOR STREET TO FRANCESCA STREET; ON ELEANOR STREET FROM CHIPPEWA STREET TO RUTH STREET; ON FRANCESCA STREET FROM HIGHLAND AVENUE TO RUTH STREET; AND ON KENWOOD DRIVE, ADJACENT TO ROBERT DRISCOLL SCHOOL FROM INTERSECTION OF OLD ROBSTOWN ROAD EASTERLY APPROXIMATELY 567 FEET, AS TO THE SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENTS OF SAID STREETS WITHIN SAID LIMITS, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF; FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IM- PROVEMENTS PROPOSED TO BE ASSESSED AGAINST SAID PROPERTY ABUTTING UPON SAID RESPEC- TIVE STREETS WITHIN THE LIMITS DEFINED AND LEVYING AN ASSESSMENT AGAINST THE PROPERTY AND THE OWNERS THEREOF, ABUTTING UPON SAID STREETS; 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 announced the City Council would meet with the City Staff in Executive Session on Thursday, October llth, at 7:30 p.m., in a special Work- shop Session for the specific purpose of discussing nominations to fill vacancies which have occurred, or will soon occur, on certain Boards and Committees, and for the Council to be brought up to date by the City Staff on the over-all gas situa- tion; and announced that a special time will be set at a little later date to hear other than the Staff on this matter, Mayor McDonald announced the public hearing on the application of Mrs. Christine B. Miller and Mrs. Holland Henderson, joined by the Zoning & Planning Commission, for a change of zoning from "AB" Professional Office District to "5-4" General Business District on Block 403, including Lots 1, 2, 3, 5, 9, 60, 61, 62, 63, 64, Bay Terrace No, 2. • Regular Council Meeting October 10, 1962 Page #6 Tom Lake, Zoning Coordinator, located the property on the asap; pointed out the zoning and land uses of the area; explained the ownership of the pro- perties involved in the request, and that the Zoning & Planning Commission had joined in the request in order to include the whole block; that, of 28 notices mailed out, 5 written replies were received in favor of the application and 1 against; and that the recommendation of the Zoning & Planning Commission is that the request for 'B-4" General Business District be denied, but that "8-1" Neigh- borhood Business District be approved. Mrs. Christine B. Miller, representing the applicants, Mrs. Henderson being her sister and presently out of the CiRy, spoke in support of the request on the basis that it has been used for many years for retail uses, that there is sufficient off-street parking to support the existing uses, and stated that the. recommended "8-1" zoning is satisfactory and sufficient fox the needs of both applicants. No one appeared in opposition to the application. Motion by Swantner, seconded by de Leon and passed that the hearing be closed. Motion by Swantner, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the request for "8-4" zoning be denied, but that instead, the zoning on all of Block 403, including Lots 1, 2, 3, 5, 9, 60, 61, 62, 63, 64, Pay Terrace No, 2, be changed from "AB" to 'B-1". Mayor McDonald invited anyone in the audience with petitions or informa- tion for the Council to come forward and be heard. No one appeared. Mayor McDonald acknowledged the presence in the audience of Mrs. F. F, Duke, and explained that the Council would recess briefly, and would consider whether or not action could be taken on ner pending zoning application when the Council reconvened the meeting. Mayor McDonald declared a brief recess. On reconvening after a brief recess,, Mayor McDonald called the meeting to order and instructed the Acting City Secretary to note that all members of the City Councils the City Manager, City Attorney, and. Acting City Secretary were all present. Regular Council Meeting October 10, 1962 Page #7 City Manager Whitney presented the following ordinance which the City Attorney had been instructed to prepare earlier in the meeting. • ORDINANCE NO. 6668 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION TO BE NUMBERED SECTION 21-121A SO AS TO REQUIRE THAT EVERY DRIVER OF A VEHICLE MEETING OR OVERTAKING A SCHOOL BUS WHICH HAS STOPPED FOR RECEIVING OR DISCHARGING ANY SCHOOL CHILDREN SHALL STOP IMMEDIATELY BEFORE PASSING THE SCHOOL BUS; REQUIRING CERTAIN REGULATIONS TO BE OBSERVED IN PASSING SUCH SCHOOL BUS; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY, The Charter rule was suspended by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberta 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 requested that Noah Cunningham, Superintendent of the Tuloso-Midway Independent School District, and member of the Annexation Committee, be notified today of the passage of the foregoing ordinance, and that the matter be given wide publicity. City Manager Whitney reported that he has not yet received the answer to the Council's legal queetion in connection with Mrs. Duke's zoning application, but expected it would be provided for Monday night's Workshop Session, and Mrs. Duke was advised the Council would take action on her pending zoning application at next Wednesday's regular meeting. In answer to Commissioner de Leon's question regarding the speed limit on Highway 9 in the area within the City limits, City Manager Whitney explained that the posted speed limit will remain in effect until the Council takes action upon any recommendations that may be made by the Traffic Safety Advisory Board after review of the strip maps being obtained from the Highway Department. Mayor McDonald requested that Paul Rice, Traffic Engineer, contact Mr. Tong, owner of the Sinclair Service Station on Highway 9 adjacent to Holiday Inn, regarding his request for a cross-over in front of his place of business. There being no further business to come before the Council, the meeting was adjourned,