HomeMy WebLinkAboutMinutes City Council - 02/05/1964PRESENT:
Mayor James L. Barnard
Commissioners:
Jim Young
Jack R. Blackmon
J. R. de Leon
M. P. Maldonado
W. J. Roberts
W. H. Wallace, Jr.
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
February 5, 1964
2:00 p.m.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
Mayor James L. Barnard called the meeting to order.
The Invocation was given by Commissioner J. R de Leon in the absence
of a guest Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by de Leon, seconded by Blackmon and passed that the minutes of
the regular meeting of January 29, 1964, be approved as furnished to the Council,
Mayor Barnard read a proclamation proclaiming February, 1964, as HEART
MONTH in the City of Corpus Christi, and calling upon all citizens to support
this most worthy health drive with their generous contributions and voluntary
services. The foregoing proclamation was accepted by Dr. W. Anderson.
Mayor Barnard called for Appointments to Boards and Committees.
Commissioner Wallace nominated the following for appointment to the
La Retama Library Board to replace William (Bill) Prewett, J. B. Mascorro, James
W. Smith, and Mrs. Harry (Dolly) Carroll, whose terms have expired: Mrs. L. H.
Gross, William H. Keys, Bertram Parker, and A. B. Zepeda. The nominations were
seconded by Commissioner de Lean.
Motion by Maldonado, seconded by de Leon and passed that nominations
cease, and the appointment of Mrs. L. H. Gross, William H. Keys, Bertram Parker,
and A. B. Zepeda to the La dtetama Library Board be made by acclamation.
Mayor Barnard announced the public hearing on an Appeal from the Decision
of the Building Standards Commission with respect to Lot 1, Block 20, Beach
Portion.
Assistant City Attorney Robert Keeling called the following witnesses
to testify as to their findings with respect to the existing improvements on
Lot 1, Block 20, Beach Portion, in support of the Decision of the Building
Standards Commission to order the demolition and removal of that portion of
City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 2
the building that is constructed of wood frame construction:
Jack Rice Turner, architect and member of the Building Standards Com-
mission; L. K. Stout, Senior Civil Engineer for the City; Glenn Deason, Plumbing
Inspector for the City; Harris Evans, master electrician and member of the Build-
ing Standards Commission; Frank Busker, Fire Department Inspector; and Albert
Cock, Public Health Engineer for the City -County, who all described the condi-
tions of rot and deterioration of the structure of the building, the walls and
floors and window frames, the burned out electrical fixtures and exposed wiring,
deterioration of the plumbing which was allowing sewer gas to escape into the
building, the filth and debris, the rat runs and dead pigeons found in the build-
ing; and each testified to the effect that this portion of the building is 65%
to 70% structurally deteriorated and unsound and economically unfeasible to repair;
that the physical conditions constitute a public nuisance and menace to the
health and safety of the citizens of the City; and that it was the Commission's
decision that the portion of the building that is of wood joist construction be
removed in 60 days, and that the remaining portion of the structure be enclosed
so as not to jeopardize the remaining portion of concrete construction that is
sound.
It was further testified that the City has spent some $1100.00 to shore
up a portion of the building and to build a 4' walkway so that pedestrians can-
not walk underneath the canopy in an attempt to protect the general public from
injury from possible falling debris, and that extra police and fire protection
have been provided to try to prevent further damage by vandals and winos.
William H. Bloch, attorney, Trustee for the property, and Court-appointed
Receiver, explained that there is no longer any money in the Trust Fund; that
there is some $20,000 of lienable indebtedness against the property; that all
of the taxing agencies in the area are parties to the receivership; that he
seriously doubts the consummation of any sale as the property will not bring
enough money to satisfy the indebtedness, demolition and clearing off of the
improvements; that he does not feel anyone desires to continue this blight in
the heart of the City, but that he feels the matter has become an impossible
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City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 3
situation. He suggested that the City consider working with the other public
authorities who have lienable claims against the property to abate the taxes so
that a sale of the property can be made and the hazardous conditions cured.
Commissioner Blackmon felt the ordinance should be studied to see if there
are inadequacies within the ordinance that allow a building to become 60% to 70%
deteriorated before the law can be enforced.
Charles Walker, one of the remaindermen of the Trust after the death of
all of the income beneficiaries, who was present at the hearing, stated that what-
ever he had to say in the matter he would say to Judge Todd.
Motion by Blackmon, seconded by Maldonado and passed that the hearing be
closed.
Commissioner Wallace moved that in view of the evidence presented at the
hearing, that the final decision on the Appeal be held in abeyance, but that the
City Manager take whatever steps are necessary to protect the citizens with respect
to health, fire hazard, and danger from falling objects, walls, and roof of the
building in question; and further, that the City Manager be authorized to expedite,
from the City's standpoint, the final solution involving the City's tax lien in
order to promote final disposition of the matter. There was no second to this
motion.
Barnard
Mayor/ruled that the Chair would not accept a three-point motion, and Com-
missioner Wallace did not choose to re -state his motion.
Motion by Blackmon, seconded by Maldonado and passed that the appeal be
taken under advisement.
Mayor Barnard announced the pending item of the application of William N.
Parr, Jr. (Jack B. Rohde) and Fred P. Massey for a change of zoning from "R -1B"
One -family Dwelling District to "AB" Professional Office District, on all of Lot
11, Block 5, Sherwood Park 4#1, on which public hearing was held January 22nd, and
called for a motion with respect to this item.
Motion by de Leon, seconded by Blackmon and passed with Commissioner
Wallace voting "Nay", that the recommendation of the Zoning & Planning Commission
City of Corpus Christi, Texas
Regular Council Meeting
Jauua-fy- 5 , 1964 la
Page 4
be concurred in, and the application for a change of zoning from "R -1B" to "AB"
Professional Office District on Lot 11, Block 5, Sherwood Park #1, be denied.
Mayor Barnard announced the pending item of an application of Lyle O.
Tanner for a change of zoning from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District, on all of Lot 45, Block 1, Flour Bluff Point, on
which public hearing was held January 22nd.
City Manager Whitney reported that the deed restrictions provided a 25'
building line from the lots facing on Green Bay Drive, but further provided that
Lots 1, 2, 3, 4, 5, 6, and 45 and 46 could be used for business purposes, and if
these lots were so used, the building line would not apply; that with respect to
the date of the beginning of the construction, that the plumbing lines come through
the wall, not the floor so that this work would not have had to be done prior to
the pouring of the concrete, but that he would think that the forms would have
had to be made prior to the ordering and pouring of the concrete which was done
on October 2nd according to the supplier; and that he had no way of disputing
the applicant's claim that construction had been begun prior to the date of the
lifting of the injunction with regard to annexation.
Motion by Roberts, seconded by Maldonado and passed that the hearing be
closed, and the recommendation of the Zoning & Planning Commission be concurred
in, and the request for a change of zoning from "R -1B" to "B-1" Neighborhood
Business District on all of Lot 45, Block 1, Flour Bluff Point, be denied, but
that in lieu a Special Permit for a barber shop and residential use be approved
subject to the following conditions: (1) that outdoor advertising and signs be
limited to one sign of no more than 2 sq.ft. in size, that it be unlighted, that
it does not protrude above the roof line, and that it be flat against the building;
(2) that a minimum of 3 off-street parking spaces be provided; and (3) that all
other regulations of the "AB" Professional Office District be complied with.
Bill Preston, contractor, and Lyle Tanner, applicant, both stated that
the off-street parking requirements would provide no difficulty since arrange-
ments have been made to use the property across the street for this purpose.
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City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 5
Mayor Barnard announced the pending item of the application by Joseph
Hans on behalf of the St. Vincent DePaul Society for the closing of a portion of
Railroad Avenue described as that 80.74 feet of Railroad Avenue abutting Lots 1 and
2, Block 6, and the West 30 feet of Twentieth Street between Blocks 5 and 6, Patrick
Webb Addition, on which public hearing was held August 21st.
City Manager Whitney presented a sketch of the area and recommended that
the closing be approved in accordance with the design showing a 10' easement in
20th Street from Laredo to the north right-of-way line of Railroad Avenue and that
this 10' easement be declared a fire lane with no parking at any time permitted.
Motion by de Leon, seconded by Blackmon and passed that the application
for the closing of the 80.74 feet of Railroad Avenue abutting Lots 1 and 2, Block
6, and the West 30 feet of 20th Street between Blocks 5 and 6, Patrick Webb Addi-
tion, be approved subject to the retention by the City of a 10' wide utility ease-
ment in Twentieth Street from Laredo Street to the North right-of-way line of
Railroad Avenue, and also excepting any area traversed by a railroad spur track,
and that such strip be declared a fire lane with no parking permitted at any time.
Motion by Wallace, seconded by Young and passed that the City Manager's
Reports be accepted, and the recommendations and requests be approved and granted
as presented, as follows:
a. That the matter of purchase of a Lift Station site for the Staples
Relief Main, be deferred;
b. That authority to advertise for bids to be received on February 19,
1964, on 1 heavy duty Street Sweeper, be granted;
C. That authority to advertise for bids to be received on February 19,
1964, on 1 Turbine Duster, be granted;
d. That the acquisition of 22 additional parcels of right-of-way required
by the State for the Crosstown Expressway, Highway 286 Relocated, be approved;
and the sum of $124,600.00 be appropriated for their purchase;
e. That the date of February 26, 1964, during the regular meeting, be set
for public hearing on the Appeal of Dr. W. T. Pulliam from the Decision of the
Zoning & Planning Commission regarding his application for a Special Use Permit
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City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 6
for operation of a trailer park;
f. That payment in the sum of $1,730.57 be made to Sessions Mortgage
Company, Trustee, for one-half the cost of the street improvements, consisting of
paving, curb and gutter, on Fresno Drive abutting Carroll Woods Unit #1, Malibu
Park;
g. That the request of Estella Avalos for an Interim Zoning Permit to
remodel and erect a 6' x 12' frame addition to the existing structure for a fruit
stand on Lot 40, Block 4, Hudson Acres, at 1406 Maine Drive, be denied as recom-
mended by the Zoning & Planning Commission;
h. That an agreement with Joe Kelly for a 6 -months trial period of his
proposed plan for the distribution of the City's Industrial Film for the sum of
$3715.00, total cost, broken down as follows: Twelve black and white prints
@ $127.50, for a total of $1,530; Production of mailing brochure with return card,
$385.00; Service Charge, 6 months @ $250, for a total of $1,500.00; and Postage,
Stationery and Express, 6 months @ $50.00 for a total of $300.00, making a grand
total of $3,715.00, be approved.
ORDINANCE NO. 7137
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 N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH,
1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALL OF LOTS 23 AND 24,
BLOCK 4, CABANISS ACRES, BEING THE WEST CORNER OF THE INTERSECTION OF CAROLYN
DRIVE AND WOOD STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM
"R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE 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; Mayot Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
ORDINANCE NO. 7138
AUGHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON
BEHALF OF THE CITY OF CORPUS CHRISTI, A WARRANTY DEED TO THE STATE OF TEXAS TO
A TRACT OF LAND SITUATED.IN THE CITY OF CORPUS CHRISTI, AND CONSISTING OF A POR-
TION OF THE FORMER CLIFF MAUS MUNICIPAL AIRPORT PROPERTY, IN ACCORDANCE WITH
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City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 7
RESOLUTION HERETOFORE ADOPTED BY THE CITY COUNCIL ON THE 26TH DAY OF SEPTEMBER,
1962, A COPY OF WHICH DEED IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR-
ING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado Roberts and Wallace, present
and voting "Aye".
ORDINANCE NO. 7139
AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND E. BIEL WHOLESALE GROCERIES, INC., DBA BIELS GROCERY #15, LOCATED AT 3920 LEX-
INGTON, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, APPOINTING PERSONS
AND STORE AS ITS AGENT FOR THE SOLE PURPOSE OF ACCEPTING PAYMENT OF BILLS OWED TO
THE CITY FOR WATER, GAS, GARBAGE AND SEWER SERVICE, PAYABLE TO ITS DEPARTMENT OF
PUBLIC UTILITIES, BEGINNING FEBRUARY 6, 1964, UNTIL TERMINATION UPON DEFAULT OR
REMOVAL FROM SAID ADDRESS BY THE APPOINTEES HEREIN AS HEREIN PROVIDED, FOR AND IN
CONSIDERATION OF THE FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREE-
MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioner Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
ORDINANCE NO. 7140
PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED JANUARY 28, 1964, BETWEEN THE
STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE CONTINUED USE, OPERATION,
AND MAINTENANCE OF THE STREET ILLUMINATION SYSTEM ON THE CORPUS CHRISTI SHIP CHANNEL
BRIDGE AND ITS APPROACHES AND INTERCHANGES IN THE CITY OF CORPUS CHRISTI; PRO-
VIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
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City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 8
ORDINANCE NO. 7141
APPROPRIATING OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $124,600.00
FOR THE ACQUISITION OF TWENTY-TWO (22) PARCELS OF PROPERTY FOR RIGHT OF WAY
REQUIRED BY THE STATE OF TEXAS AND APPLICABLE TO PROJECT N0: 220-56-24.3 CROSS-
TOWN EXPRESSWAY, HIGHWAY #286 RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED
HERETO AND MADE A PART HEREOF; AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE REAL ESTATE SALES CONTRACTS FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
FOR THE ACQUISITION OF SAID PARCELS, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITH-
IN THE "APPROVED VALUE" AS DETERMINED BY THE STATE, AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
ORDINANCE NO. 7142
ABANDONING A PORTION OF THE RIGHT OF WAY, BEING FIVE (5') FEET OF RIGHT OF WAY
ON EACH SIDE OF BOWIE STREET AND BONHAM STREET, BETWEEN SOKOL DRIVE AND SACKY
DRIVE, SO AS TO RETAIN A 50 -FOOT RIGHT OF WAY AND A 10 -FOOT RADIUS AT EACH CORNER;
AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
ORDINANCE NO. 7143
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 ORDIN-
ANCE 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 LOT 3, BLOCK 3, GRAY
VILLAGE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS
SHOWN BY MAP OR PLAT THEREOF RECORDED IN THE MAP RECORDS OF NUECES COUNTY, TEXAS,
BEING THAT SAME PROPERTY ALSO DESCRIBED AS A 200' x 391' TRACT OF LAND OUT OF
TRACT 6, LOT 2, OSO FARM TRACTS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4"
GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST-
ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 9
The foregoing ordinance was passed by the following vote: Mayor Barnard,
Commissioners Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present
and voting "Aye".
SECOND READING OF AN ORDINANCE REPEALING SECTION 8-10 OF THE CORPUS CHRISTI CITY
CODE, 1958, BEING PART OF SECTION 3, OF ORDINANCE NO. 2612 ORIGINALLY ADOPTED BY
THE CITY COUNCIL ON OCTOBER 25, 1949, SO AS TO NO LONGER REQUIRE AN ANNUAL FEE OF
$25.00 FOR EACH BARBER CHAIR LOCATED IN A BARBER COLLEGE; REPEALING SECTION 8-11
OF THE CORPUS CHRISTI CITY CODE, 1958, BEING PART OF ORDINANCE NO. 2612, SECTION
5, SO AS TO NO LONGER REQUIRE THE POSTING OF A BOND.
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon,
and Maldonado, present and voting "Aye"; Commissioners de Leon and Roberts present
and voting "Nay", and Wallace abstained.
W. 0. Burdett, J. C. Hogan, G. H. Boland, and Roger Estes, presented a
petition of approximately 22 names of residents in the Lake View Areas, known as
the Rodd Field area, requesting gas service. (Petition #2)
The foregoing petition was received, and referred to the City Manager for
study and report to the Council within 2 weeks.
Commissioner Blackmon brought up the matter of the request of the Southern
Coast Corporation for payment of the funds which were deposited with the First
State Bank by the City in the amount of $8,246.30, for payment of the cost of
relocation, casing and lowering of the gas lines along Shell Road in connection
with the railroad relocation of the Harbor Bridge project.
Commissioner Roberts felt that the information furnished to the Council
was not sufficient evidence to support any action contrary to the recommendation
of the City's Legal Departments
Commissioner de Leon felt that in view of the charges and counter -charges
and the differences of opinion, that the suggested outside legal advise should be
obtained before the Council takes any action, referring specifically to Mr. Lewis'
offer to pay the fees of three disinterested attorneys to study the matter and
furnish their opinion.
Commissioner Blackmon felt that the Council had the evidence before it,
and that in view of all the controversy, the Council has a judgment decision to
make in any event, and that the matter should be settled now.
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City of Corpus Christi, Texas
Regular Council Meeting
February 5, 1964
Page 10
Motion by Blackmon, seconded by Wallace that in view of the dismissal of
the litigation, the action of the District Court and other circumstances, that the
funds in the amount of $8,246,30 held in the First State Bank of Corpus Christi
under the contract between the City and Southern Community Gas Company and Southern
Coast Corporation of November 13, 1959, be released to the Southern Coast Corpora-
tion and Southern Community Gas Company,
Motion by de Leon, seconded by Roberts that the foregoing motion be tabled.
On vote, Commissioners de Leon and Roberts voted "Aye", and Commissioners Young,
Blackmon, Maldonado, and Wallace voted "Nay", and Mayor Barnard declared the motion
to table had failed.
Mayor Barnard called for a vote on the original motion, and Commissioners
Young, Blackmon, Maldonado, and Wallace voted "Aye", and Commissioners de Leon and
Roberts voted "Nay", Mayor Barnard asked to be recorded as voting "Nay", Mayor
Barnard declared the motion to release the funds had passed.
Cecil Proctor asked what procedure to follow in order to have a traffic
light installed at Gollihar and Carroll Lane in view of the number of accidents
within the last 4 or 5 months at this intersection,
Mr. Proctor was advised that the Traffic Safety Advisory Board was study-
ing a request for a traffic light at this point, and would make its recommendation
to the Council very soon.
Commissioner Young suggested that consideration and study be given to
extending the South Beach to the area in front of the breakwater which could
serve as a walkway between the beach and the proposed parking area, and City Manager
Whitney suggested the matter be submitted to the Staff for study.
There being no further business to come before the Council, the meeting
was adjourned.