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HomeMy WebLinkAboutMinutes City Council - 05/13/1964PRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon M. P. Maldonado W. J. Roberts CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 13, 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 Dr. Malcolm L. Purcell, executive secretary of South Texas Presbytery. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the absence of Commissioners J. R. de Leon and W. H. Wallace, Jr. be excused for cause. Motion by Young, seconded by Blackmon and passed that the minutes of the regular meeting of May 6, 1964, be approved as furnished to the Council. Mayor Barnard announced the Council wished to honor two Del Mar College students for an act of bravery involving the rescue of an 18 -year old woman and her 6 -month old nephew following the sinking of an amphibious car off Padre Island on May 9th, and read the Certificates of Commendation being presented on behalf of the citizenry of Corpus Christi to Don Stanley, 19, of 630 Brawner Parkway, and Charles Ulrich, 18, of 3617 Poplar, for their quick thinking, good judgment and courage displayed, which was not only a demonstration of their skill, but a manifestation of courage and selflessness in the disregard for their own welfare. Mayor Barnard read a proclamation for ALLEN LUDDEN DAY, May 16, 1964, welcoming home for a brief visit one of the City's illustrious citizens, star of television and radio, who will moderate a Corpus Christi version of 'Password" in Del Mar Auditorium, the proceeds of which will go to a building fund for a new science and natural history museum. The proclamation was accepted by Mrs. Melms and Mr. Lamos Folda on behalf of the Corpus Christi Museum. Mayor Barnard announced that with the consent of the Council, the pending item of the application of Joe Solis for change of zoning on Lot 17, Block 3, John Jones Addition, would be withdrawn since the full Council was not present. Mayor Barnard called for the City Manager's Reports. Motion by Maldonado, seconded by Young and passed, with Commissioner Blackmon abstaining on Item "i" only, relative to an application of Forest 0i1. • • City of Corpus Christi, Texas Regular Council Meeting May 13, 1964 Page 2 Company for a permit to drill an oil and gas well in Corpus Christi Bay, that the City Managers Reports be accepted, and the recommendations and requests be approved and granted as follows: a. That authority to advertise for bids to be received on June 3, 1964, on 60 palm trees for the Park Division, be granted; b. That the award of bid be made on the basis of high bid to Ed Kiely for a 2 -year contract for the concession rights in the Coliseum and Exposition Hall for 25%, in addition to a fixed 15%, making a total of 40% of the gross receipts; (Bid Tabulation #18) c. That acceptance and payment of final Estimate #2 in the amount of $3,528.55 to Womack and Manning for construction of site improvements at the Corpus Christi Garden Club and sidewalk repairs on Janssen Drive, be approved; d. That the plans and specifications for construction of a parking facility beneath the Crosstown Expressway Overpass between Agnes and Laredo Streets, be approved; and authority to advertise for bids to be received on June 3, 1964, be granted; e. That the recommendation of the Park & Recreation Board that the sum of $2,252.00 be added to the Park & Recreation Department budget for the expansion of their summer recreation program at three local high schools for a teenage re- creation program requested by the Youth Advisory Committee, and the transfer of these funds from the General Fund Reserve to cover the 2 -month period from June 1 to August 1, 1964, be approved; f. That the appropriation of $13,529.00 for deposit with the proper author- ity as condemnation requirements in connection with the condemnation proceedings on two parcels of land required in connection with the acquisition of right of way for the Schanen Ditch Relocation project, be approved; g. That appropriation in the amount of $40,000.00 for acquisition of approximately 44 acres of Land of an average width of 220' extending from Kosar Road on the north to Old Brownsville Road on the south of, and including, the ex- isting Kelly drainage ditch, required as right of way for the future major drainage facility to improve the drainage in the Kelly Farm area, be approved as a compromise settlement of the pending law suit; • City of Corpus Christi, Texas Regular Council Meeting May 13, 1964 Page 3 y h. That the recommendations of the Zoning & Planning Commission relative to the following Interim Zoning Permits be approved as follows: #62-96, Tommy Price, to erect a 12'x 14' barbecue pit enclosed with screen wire, an addition to the existing barbecue stand, on Lot 1, Block 2, Village Park, at 10137 Leopard Street, be approved; #62-95, C. L. Worrell, to add a second story to the existing 4 -car garage to be used as a two-family dwelling on Lot 1, Rodd East Addition, at 2606 Rodd Field Road, be approved; #62-94, W. D. Hayley, to erect an 8' x 24' temporary sign advertising Western Hills Subdivision for a period of 2 years on Tract "B", Western Hills Subdivision, at 11855 Leopard Street, be approved; #61-26, John Visosky, to erect an 18' x 20° frame addition to the existing office building on the northeast portion of Lot 11, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, at 3040 Jamica Street, be approved; i. That the application of Forest Oil Corporation for a permit to drill a directional well, to be known as No. 1-A, State Tract 59-A well, the surface loca- tion to be 50° outside of the 3400° prohibited drilling area on State Tract 59-A, in Corpus Christi Bay, be approved with no variances as submitted, and that the permit to drill dated January 15, 1964, be cancelled. Commissioner Blackmon abstained on Item "i" as stated in the motion. In connection with a proposed ordinance relative to a change in zoning requested by Knolle Jersey Milk Products Co., the recommendations of the City Manager and City Attorney that a written contract or a performance bond be required with respect to the construction of the fence, was discussed. Motion by Roberts, seconded by Blackmon that the change of zoning be con- ditioned on the furnishing of a performance bond or written contract regarding the construction of the fence satisfactory to the City's Legal Department. City Manager Whitney recommended that such contract or performance bond be entered into before the passage of the proposed ordinance effecting the change of zoning, and that if the foregoing motion passed, that the subject ordinance be re- moved from the agenda at this time. • • City of Corpus Christi, Texas Regular Council Meeting May 13, 1964 Page 4 On vote, the motion passed unanimously, and the Chair withdrew the subject ordinance from the agenda. RESOLUTION NO. 7228 URGING THE INAUGURATION OF AN INTERNATIONAL PASSENGER SERVICE BETWEEN MONTERREY, NUEVO LEON, AND THE CAPITOL OF THE REPUBL/C, MEXICO CITY, AND CORPUS CHRISTI AS PROMPTLY AS POSSIBLE AND PLEDGING COOPERATION OF THE CITY IN THIS BEHALF. The Charter rule was suspended by the following vote Mayor Barnard, Commis- sioners Young, Blackmon, Maldonado and Roberts present and voting "Aye"; de Leon and Wallace absent. The foregoing resolution was passed by the following voteg Mayor Barnard, Commissioners Young, Blackmon, Maldonado and Roberts present and voting "Aye"; de Leon and Wallace absent. ORDINANCE NO, 7229 APPROPRIATING OUT OF NO, 220 STREET BOND, FUND THE SUM OF $750,00 AND AUTHORIZE PAY- MENT TO E, S. BARROW REALTY COMPANY FOR APPRAISAL SERVICES RENDERED IN CONNECTION WITH RIGHT-OF-WAY FOR MID -TOWN TRAFFIC EXCHANGE, PROJECT NO. 220-53-18.2; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote Mayor Barnard, Commis- sioners Young, Blackmon, Maldonado and Roberts present and voting "Aye"; de Leon and Wallace absent. The foregoing resolution was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, Maldonado and Roberts present and voting "Aye"; de Leon and Wallace absent. ORDINANCE 7230 RECEIVING AND ACCEPTING THE CONSTRUCTION CONSISTING OF CORPUS CHRISTI GARDEN CLUB SITE IMPROVEMENTS AND JANSSEN DRIVE SIDEWALK REPAIRS AS PERF0R23D BY THE CONTRACTOR, WOMACK AND MANNING UNDER THEIR CONTRACT DATED 19 FEBRUARY, 1964, AUTHORIZED BY ORDIN- ANCE NO. 7151; AUTHORIZING PATIENT OF FINAL ESTIMATE NO. 2 DATED 29 APRIL, 1964 IN THE AMOUNT OF $3,528.55, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 111 TRUST FUND AND NO. 108 STREET FUND PREVIOUSLY APPROPRIATED FOR THIS PROJECT; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners Young, Blackmon, Maldcnads and Roberts, present and voting "Aye"; de Leon and Wallace absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners young, Blackmon, Maldonado and Roberts, present and voting "Aye; de Leon and Wallace absent. City of Corpus Christi, Texas Regular Council meeting May 13, 1964 Page 5 ORDINANCE NO. 7231 AMENDING THE ZONING ORDINANCE C7 THE GIT/ OP CORFUS 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 ID TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY GRANTING A SPECIAL USE PERMIT ON ALL OF LOT 29, FLOCK "A", PEARY PLACE SUBDIVIS/ON, 114 THE CITY OF CORFDS CHRISTI, MMUS COUNTY, TEXAS, FOR AN OUTDOOR ADVERTISING SIGN, SUBJECT TO THE CONDITIONS CONTAINED HEREIN; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTIN ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT 51EKEWITHI AND DECLARING, AN EMTEGENCl. The Charter rule waa suspended by the follow fng vote. Mayor Barnard, Com- missioners Young, Flankmon, Maldonadn and Roberts, present and voting "Aye"L de Leon and Wallace absent, The foregoing ordinancewas passed By the following vote. Mayor Barnard, Commissioners Young, Blackmon, Maldonado and Roberts, present and voting "Aye"; de Leon and Wallace, absent, ORDINANCE NO, 7232 AMENDING THE ZC?ING ORDINANCE OF THE CITY CF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, /937, 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 EY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DA! OF MARCH, 1961, BY GRANTING A SPECIAL USE PERMIT ON ALL OF LOTS 9 AND 10, BLOCK VI, CORPUS BEACH HOTEL ADDI- TION TO THE CITY OF CORPUS CHRTSTI, NUECES COUNTT, TEXAS, FOR OPERATION OF A WASHA- TERIA, SUBJECT TO COMPLIANCE W=TH ALL OTHER REGULATIONS OF THE "B-1" NEIGHBORHOOD BUSINESS DISTRICT; REPEALJNG AIL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY, The Charter rule was suspended. by the fallowing vote. Mayor Barnard, Com- missioners Young, Blackmon, Maldonado and Roberts, preaent. and voting "Aye"; de Leon and Wallace absent. The foregoing ordinanoe was passed by the following vote. Mayor Barnard, Commissioners Moung, Blackmon, Maldonado and Roberta, pitesant and voting "Aye"; de Leon and Wallace asent. ORDINANCE NO, 7233 APPROPRIATING OUT OF NO, 295 STORM SEWER FUNDS THE SUM OF $13,529.00 FO? THE ACQUI- SITION OF RIGHT OF WAY IN CONNECTION WITH SCRAM; DRAINAGE DITCH RELOCATED, PROJECT NO, 295-61=37, SAID ruNDs HEREBY APPROPRIATED TO BE DEPOSITED WITH THE NUECES COUNTY CLERK IN CONNECTION WITH CONDEMNATION PROCEEDINGS APPIICAFIE TO EIGHT CF WAY, PARCELS 3 AND 4, WHICH PARCELS WERE AUTHORIZED TO BE ACQUIRED, BY EMINENT DOMAIN PROCEEDINGS BY ORDINANCE NOS. 7157 AND -7158, TASSEG AND APPROVED' EN THE CIT? COUNCIL ON FEBRUARY 19, 1964; AND DECLARING AN EMERGENCY. The Charter rule waa suspended by the following vote, Mayor Barnard, Com- missioners Young, Blackmon, Maldonado and Roberts, present and voting "Aye"; de Leon and Wallace absent. • City of Corpus Christi, Texas Regular Council Meeting May 13, 1964 Page 6 The foregoing ordinance was passed by the following vote Mayor Barnard, Commissioners Young, Blackmon, Maldonado and Roberts, present and voting "Aye"; de Leon and Wallace absent, ORDINANCE NO. 7234 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $40,000,00 FOR THE ACQUISITION OF APPROXIMATELY 44 ACRES OF LAND REQUIRED AS RIGHT OF WAY FOR THE FUTURE MAJOR DRAINAGE FACILITY APPLICABLE TO PROJECT NO, 295-61-39, DESIGNATED AS KELLY DRAINAGE DITCH, KOSAR ROAD TO OLD BROWNSVILLE ROAD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR THE ACQUISITION OF SAID RIGHT OF WAY, A COPY OF WHICH REAL ESTATE SALES CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Com- missioners Young, Blackmon, Maldonado and Roberts, present and voting "Aye"; Com- missioners de Leon and Wallace absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, Maldonado and Roberts presentand voting "Aye"; Commissioners de Leon and Wallace absent. RESOLUTION NO, 7235 URGING THE CONSTRUCTION AND EXTENSION OF FRONTAGE ROADS ALONG INTERSTATE HIGHWAY NO. 37 BEYOND THE MISSOURI PACIFIC RAILROAD UNDERPASS; DECLARING AN EMERGENCY, The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, Maldonado, Roberts, present and voting "Aye", Commissioners de Leon and Wallace absent. The foregoing resolution was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, Maldonado, and Roberts present and voting "Aye", Commissioners de Leon and Wallace absent. E. H. Kennedy, 817 Adel, presented several snapshots of the area between Cullen Junior High School and the park grounds, and presented and read a petition of approximately 480 signatures of citizens living in the vicinity requesting immediate action to eliminate certain hazards and unsanitary conditions created by the Cullen Park drainage ditch. (Petition #7) James Duke, 818 Adel, pointed out that the waste sewer runs parallel to the ditch and is 18 inches higher than the open sewer line and only about 10 feet from the park grounds. • City of Corpus Christi, Texas Regular Council Meeting May 13, 1964 Page 7 Mayor Barnard requested the ^,ity Manager to have the area and conditions completely investigated and a report submitted to the Council, and requested the City Secretary to telephone Mr. Kennedy when the Council is to receive the report, Philip Rosenstein, 4011 S. Tancahua, commented on recent articles in the CALLER TIMES, the TEXAS OBSERVER, and statements of various individuals relating to the amount of poverty and illiteracy in Corpus Christi and the nation and the resulting problems; and urged the Mayor and Council to recognize the human misery that exists in this city by proclaiming war on poverty, to attend the monthly meetings of the City -County Welfare Department and of the texas Social Welfare Association in Corpus Christi, and to call a special session of the City Council for the purpose of discussing possible solutions of the poverty and illiteracy problem in Corpus Christi, Mayor Barnard explained that the Council has a very keen interest in the welfare of all of our citizens and to this end provides approximately a half million dollars in welfarefunds, but that education, welfare, and care of the indigent are primarily responsibilities of the Nation, State, and County; that his sugges- tions would be taken under advisement, but that other responsibilities are fixed by the law and City Charter. Mayor Barnard commended Mr. Rosenstein for his very real concern for his fellowman evidenced by the work he has done for orphans and orphanages in Japan and Korea in the name of the City of Corpus Christi while on a recent tour of duty as a merchant seaman, John Lo Bagwell, "Honest John", 209 Shawnee, referred to a recent incident involving the striking of a teacher by a student, and protested the lack of pro- tection of our school teachers, and lack of adequate punishment of such high - tempered youths, and suggested that if a -juvenile is able-bodied enough to commit such acts as this and to break into stores and homes, they should be given 60 -days in the City jail and put to work instead of being pampered in the juvenile home with free meals, funny books, and TV entertainment, and that any lawyer be given 15 days who attempts to bail him out. He described the condition of the dead trees, limbs, and dead water lillies at Lake Mathis, suggested that these juveniles be put to work clearing up the area at Lake Mathis, and offered the free use of his pear r City of Corpus Christi, Texas Regular Council Meeting May 13, 1964 Page 8 burner, with the City providing the fuel, and his own services for two days a week to supervise the work. James C. Watson, Attorney,and Clay Moore presented petitions reading as follows: 'The City Council has passed an ordinance whereby the City of Corpus Christi proposes to establish a 15t acre Art and Science Center roughly situated between the end of Shoreline Drive, Harbor Bridge and the mouth of the harbor. This ordinance em- powers the City of Corpus Christi to condemn or purchase a large number of businesses and homes and will make necessary the expenditure from general funds or bond issues a large sum of City money. The signers of this petition do not indicate herein either favor or disfavor of the Arts and Science Center proposal. The signers of this petition do humbly petition that the City Council put this Art and Science Center proposal to a vote of the people of Corpus Christi in the form of a specific bond issue in the next City bond election scheduled at this time for June 27, 1964". (Petition #8) Mayor Barnard thanked Mr. Watson and Mr. Moore for their views and stated the matter would be given due consideration. Mrs. Gladys Leach stated that she took the privilege of.writing Governor Joh1ironnally..with respect to this matter, and read the following quote from his reply: "I do know that our laws give governmental subdivisions the right to condemn property only where there is a need. If you feel that some of the condemnation pro- ceedings do not fall within that category, you certainly have the right to resist and object through our courts." Mayor Barnard said he would give her the same advice, and that this would be made a part of the record if she chose to submit a copy of Governor Connally's letter. Mrs. Fred Miller, Route 1, Robstown, protested any raise in gas rates or taxes; commented that the air conditioning of the Exposition Hall was voted down but that after a sewer tax was put in effect, there was money for the air conditioning, and that she feared the same thing would happen with a raise in gas rates by the Muni- cipal Gas Corporation in that there would then be money for the Arts & Science project. Mayor Barnard informed her that the question of air conditioning was submitted a second time to the voters and was passed, and that the Coliseum and Exposition Hall are now practically self-supporting. There being no further business to come before the Council, the meeting was adjourned.