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HomeMy WebLinkAboutMinutes City Council - 05/19/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 19, 1965 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The Invocation was given by Mayor Pro Tem Blackmon as the guest chaplain was not present at the time. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Dunne and passed that the absence of Commissioner Wm. H. Wallace be excused for cause. Motion by Blackmon, seconded by Dunne and passed that the minutes of the regular meeting of April 28, 1965, be appxoved as corrected, and the minutes of the regular meeting of May 12th be approved as furnished to the Council. Mayor Furman recognized and read three Certificates of Commendation to W. B. Ray High School, as follows: Journalism Department, on receiving a Merit Award for the Best School Newspaper in the State for the current year, accepted by Sherry Long; Athletic Department, for State 4A Championship in Track and Field for, the current year, accepted by Coach Jerry Dyes who introduced six members of the team; and to the Athletic Department for State 4A Tennis Championship, Boys Singles, accepted by Coach Dyes who introduced two members of the Tennis Team. Mrs. Dunne introduced eight members of the Journalism Department. Mayor Furman recognized and congratulated the Reverend Harold Branch on recently being conferred a Doctor of Divinity Degree at the University of Corpus Christi. Mayor Furman called for appointment to the Traffic Safety Advisory Board, replacing Dr. Charles Clark recently resigned. Motion by Blackmon, seconded by Sizemore and passed that Dr. James L. Barnard be appointed to the Traffic Safety Advisory Board. • • u City of Corpus Christi, Texas Regular Council Meeting May 19, 1965 Page 2 Mayor Furman read and presented a proclamation proclaiming Saturday, May 22, 1965, as MARITIME DAY in Corpus Christi; accepted by Captain Walls. Mayor Furman called for the opening of bids. The bid of Heldenfels Brothers, the only bid received on construction of Street Improvements on North, West and South Saxet Drives, Brooks Drive, and on Fifteenth Street between Morgan and Craig, was opened and read. The foregoing bid was tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on eight items of Steel Pipe in sizes ranging from 1" through 16", from the following: Allied Plumbing Supply Company, Inc.; Atlas Brad- ford Co.; Brumley -Donaldson Co.; The L. B. Foster Co.; Gulf Supply Co., Inc.; McAllen Pipe & Supply Co., Inc.; Norvell-Wilder Supply Co.; Pipe Distributors, Inc.; Republic Supply Co.; Superior Iron Works & Supply Co.; Kaiser Steel Corp.; Oil Well Supply Division of U.S. Steel; Vinson Supply Co.; Jones & Laughlin Steel Corp.; Alamo Iron Works; Phoenix Supply Co.; and Rodman Supply Co. The foregoing bids were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on the unloading, cleaning, coating, wrapping and storage of Steel pipe in sizes ranging from 1" through 16", from the following: Pipe Line Service Corp.; and Rosson-Richards Co. of Texas, Inc. The foregoing bids were tabled for forty-eight hours es required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Furman called for the City Manager's Reports. Motion by Blackmon, seconded by McDaniel and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as follows: a. That acceptance and payment of final Estimate No. 2 in the amount of $18,591.83 to Heldenfells Brothers for construction of 19th Street Connection to Morgan, be approved; b. That award of contract for construction of the Saratoga Drainage Im- provements to King Construction Company in the amount of $8,111.95, be approved; fl 0 City of Corpus Christi, Texas Regular Council Meeting May 19, 1965 Page 3 and appropriation be made in the sum of $98000,00; c. That authority to advertise for bids to be received on June 16, 1965, at a special meeting at 8000 a.m., on Annual Supply Contracts for forty-four items listed by the Purchasing Agent as being required by various Departments, be granted; d. That real estate sales contract for the purchase of a tract of land, a portion of Lot 6, Block 1, Buena Vista Subdivision, adjacent to the Interstate 37, for the sum of $800.00, for the purpose of relocating a gas regulator station to be moved in connection with the highway improvements, be approved; e. That the sales contract for the purchase of Parcel #25, Lot 4, Block 1, Chapman Addition, in connection with the right of way for Midtown Traffic Exchange, for the consideration of $130250 which includes the lot and improvements, be approved; f. That a lease with Frank and Irving Breslau for leasing the building on Water Street formerly occupied by the Social Security Administration for the reloca- tion of Corporation Court on a temporary basis, for the sum of $250.00 per month for a term of two years, be approved; g. That the date of June 9, 1965, at the regular meeting, be set for public hearing on two zoning applications; h. That a contract with J. R. Renfro, Mechanical Engineer, to perform the work of design and preparation of plans and specifications and supervision of installation of air conditioning the Carden Club Building, for an engineering fee of 3V. of the contract price, estimated not to exceed $500.00, be authorized; i. That the date of May 26, 1965, during the regular meeting, be set for public hearing on two applications of Cities Service Oil Company for permits to drill and operate two oil and gas wells in Corpus Christi Bay, City Manager Whitney was excused since he had to catch a plane for Washing- ton, D.C., to attend Vice -President Humphrey's meeting with City Managers, and Assistant City Manager R. Marvin Towo.aend took his place. Mayor Turman announced the pending item of Application #465-6, landsman Realty Company, for change cf zoning from "B=1" Neighborhood Business District to 1°8-4" General Business District on Lot "A" Town and Country Shopping Center, on which public hearing was held May 12, 1965. City of Corpus Christi, Texas Regular Council Meeting May 19, 1965 Page 4 Motion by Blackmon, seconded by Dunne and passed, with McDaniel abstain- ing, that the application be approved and an ordinance be brought forward changing the zoning from "B-1" to "B-4" General Business District on Lot "A", Town and Country Shopping Center, Mayor Furman announced the pending item of Application #465-5, Del Starr Realty Company, for change of zoning from "B-1" Neighborhood Business District to "E-5" Primary Business District on all of Block 10, Schanen Estates Unit #1, on which public hearing was held May 12, 1965. Motion by Blackmon, seconded by Dunne and passed that action on this application be deferred for one week, Mayor Furman announced the public hearing on the Appeal of Adolfo G. Estrada from the Decision of the Taxicab Inspector in revoking his Taxicab License. Assistant City Attorney Wayland Pilcher conducted the hearing by questions and answers, and during the hearing introduced in evidence the application for Taxicab Driver's License of Adolfo G. Estrada; the fingerprint card taken by Mr. Molder as Taxicab Inspector at the time of application and subsequently sent to the Federal Bureau of Investigation in Washington, D.C.; the F.B.I. Record returned with the fingerprint card co the Taxicab Inspector; copy of the Taxicab Inspector's written notice to Mr. Estrada that his Taxicab Driver's License was revoked, and the reasons for such action, and stating his right to appeal this decision; and Mr. Estrada's Taxicab Driver's License No. 592. Dave Molder testified during the hearing as Taxicab Inspector for the City of Corpus Christi, the application introduced as evidence is the application form given every applicant for a Taxicab Driver's License to fill out completely and instructed to answer all questions truthfully; that they are allowed to take the application home to fill out and can have assistance in filling it out and as much time as they want; that each applicant is then fingerprinted; three copies of the fingerprint card are made, one of which is sent to the Department of Safety in Austin, one is sent to the F.B.I. in Washington, D.C., and the other is kept for the Taxicab Inspector's files; that after the application is returned to the Taxicab Inspector, the applicant is given a written geography test. Mr. Molder testified that he had issued the license to Mr. Estrada on the basis that his application showed only one violation of law ten years ago and none since; that City of Corpus Christi, Texas Regular Council Meeting May 19, 1965 Page 5 about two weeks later when he received the report from the F.B.I. and checked it over, he had written Mr. Estrada cancelling his Taxicab Driver's License on the basis that he had made false statement since his application was not filled out completely and truthfully. In answer to questions from the Council, Mro Molder stated that whether or not he issues a driver's permit depends on the amount of a man's record, whether convicted or not, and on the type of cases involved; that he has been Taxicab Inspector since December 15, 1963, and to his knowledge, this is the first case of an applicant failing to answer the questions correctly; and that in order to pass the geography test a person has to be able to read and write. During the hearing, Mr. Estrada stated that he thought they wanted to know if he had ever been in the penitentary and that was why he put down the felony charge; that he does not know how to read very much; that there are five or six men driving Yellow Cabs with worse records than he has, so he doesn't see why his license was revoked. He admitted to the various charges on the F.B.I. report, but that he did not think the shop lifting conviction in San Francisco, for which he served thirty days in jail, was a felony; that he had been in jail many times and could not re- member how many times; that he had been in the State Hospital for four or five months, treated for the mentally ill; and that he had been taking what Dr. Furman said was probably "Eenzadrene" when Mr. Estrada called it "menzadrene" and said the9'were pep pills to keep him awake. Mayor Pro Tem Blackmon pointed out on the F.B.I. record those charges that were convictions, those discharged that appeared to be arrest and release, and those which appeared to be suspicion since no disposition was indicated; Commissioner Jimenez pointed out that Mr. Estrada had told of the worst offense on his applica- tion; and Commissioner Sizemore pointed out there might be a barrier of understanding, and further that according to Mr. Molder's interpretation of the ordinance, any violation of any City law would have to be listed, some of which could not be pertinent. In anwwer to questions, Mr. Molder stated that Mr. Estrada had denied being in California when he talked to him after receiving the letter revoking his license; and further, that he would not have issued Mr. Estrada's license if he had known of the contents of the F.B,I, report first, because he will not consider L) City of Corpus Christi, Texas Regular Council Meeting May 24, 1965 Page 6 anyone with a marijuana or narcotics record. Assistant City Attorney Wayland Pilcher pointed out that there was no particularly pleasure in digging up a man's past, but that the present taxicab ordinance is designed to protect the public, since we entrust our wives and children to taxicab drivers; that our taxicab drivers have a good record. Mr. Pilcher pointed out that apparently Mr. Estrada reads well enough to know what is a felony and to know the distinction between arrest and conviction, and that he therefore finds it difficult to believe he did not understand the question on the application; and that although he had told of the worst offense, it was also the one furthest away. Mayor Furman declared the hearing closed, and announced the Council would take the matter under consideration, and that a decision would be reported in Council meeting. Mayor Pro Tem Blackmon said that the particular question under discussion does not follow the ordinance language, and suggested that the forms be revised before this situation can repeat itself. Motion by Blackmon, seconded by Jimenez and passed that the proposed ordinance granting a special permit on Lot 24, Block 5, Lexington Estates, for a sign be deleted from the agenda for this week. Ben F. McDonald, attorney representing Marvin L. Berry, asked that the minutes reflect his filing at this meeting before the passage of the enacting ordinance, the protest of his client who owns the property at 4002 Up River Road, immediately adjacent and to the rear of Lot 1, Block 3, Retama Grove, to the change of zoning from residential to professional office use of Lot 1, Block 1, and Lot 1, Block 3, Retama Grove, on the basis of sections of Article L011e of Vernon's Annotated Civil Statutes. Mr. McDonald stated that his client is the present title holder of the property, that he did not receive notice of the hearing on this zoning change, and that he was protesting on the basis that it will diminish the value of his property, and that it constitutes spot zoning since there is no professional zoning in the area, and also based on the position takeh by the City City of Corpus Christi, Texas Regular Council Meeting May 19, 1965 Page 7 Council in denying the application of Dr. Pulliam for change of zoning on property to the east of the subject property. Mr. McDonald pointed out that if the proposed ordinance should be passed over his client's objection, he believes the ordinance would be invalid. City Attorney Singer informed the Council that the public hearing before the Council only requires publication in the official newspaper; that the mailing of notices to property owners of this hearing is a matter of courtesy of the Council and not a requirement of the law; and that the matter of the protest would have to be checked to see if it is in fact a protest under the law. Motion by Dunne, seconded by Sizemore and passed with Jimenez voting "Nay," that the proposed ordinance changing the zoning of Lot 1, Block 1, and Lot 1, Block 3, Retana Grove, be removed from the agenda for today. Commissioner McDaniel suggested the deletion at this time of the proposed ordinance making Meadowbrook Drive from Gollihar to Lambert a one-way street since it was for the protection of school children and school will be closed for the summer in another week. Mr. Townsend explained that the effective date of the ordinance is from and after passage and publication in the official publication of the City, and that it is the intent of the Staff not to publish the ordinance until time for school to re-open in September, which was satisfactory to the Council. City of Corpus Christi, Texas Regular Meeting May 19, 1965 Page 8 ORDINANCE N0. 7576 RECEIVING AND ACCEPTING CONSTRUCTION OF THE 19TH STREET CONNECTION TO MORGAN IM- PROVEMENTS, PROJECT NO. 220-56-27, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CONTRACT DATED DECEMBER 16, 1964, AUTHORIZED BY ORDINANCE NO. 7436; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, DATED MAY 11, 1965, IN THE AMOUNT OF $18,591.83, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 220 STREET BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore present and voting "Aye;" Wallace, absent. ORDINANCE NO. 7577 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUCTION OF SARATOGA DRAINAGE IMPROVEMENTS, PART III OF PROJECT NO. 295-64-37.1, SCEANEN DITCH, BETWEEN OSO CREEK AND EVERHART ROAD; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $9,000.00 OF WHICH AMOUNT $8,111.95 IS FOR THE CONSTRUCTION CONTRACT AND $888.05 IS FOR CONTINGENCIES INCLUDING ENGINEERING, LABORATORY AND LEGAL ADVER- TISING COSTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye;" Wallace, absent. ORDINANCE NO. 7578 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, AS AMENDED, BY GRANTING A SPECIAL PERMIT ON ALL OF LOTS 12, 13 AND 14, BLOCK "A", FLOUR BLUFF ESTATES #1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A MINIATURE GOLF COURSE AND DIVING TANK, SUBJECT TO THE REGULATIONS OF THE "B-4" GENERAL BUSINESS DISTRICT AND SUBJECT TO THE SITE PLAN AS PRESENTED; 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 and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye;'" Wallace, absent. ORDINANCE NO. 7579 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 TINE, AND PARTICUALRLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT 2 OF THE RESUBDIVISION OF A PORTION OF STATE SURVEY 422, ABSTRACT 850 FROM "R -1A" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBOREOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Regular Council Meeting May 19, 1965 Page 9 The Charter rule was suspended and the foregoing ordinance was passed by the following votes Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye;" Wallace, absent. ORDINANCE NO. 7580 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH FRANK BRASLAU AND IRVING BRASLAU FOR THE LEASING OF A BUILDING AT 530 SOUTH WATER STREET, IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR A TERM OF TWO YEARS, AT A RATE OF $250.00 PER MONTH, FOR USE AS A CORPORA- TION COURT BUILDING, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye;" Wallace, absent. FIRST READING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISIONS FOR MEADOWBROOK DRIVE FROM GOLLIHAR ROAD TO LAMBERT STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye;" Wallace, absent. ORDINANCE NO. 7581 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO AN AGREEMENT WITH J. R. RENFRO DBA RENFFRO ENGINEER- ING COMPANY, FOR THE AIR-CONDITIONING OF THE GARDEN CLUB BUILDING LOCATED IN THE CORPUS CHRISTI NATURE CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel and Sizemore, present and voting "Aye;" Wallace, absent. Paul W. Bellow, District Manager for Gulf Supply Company, distributors of pipe valves and fittings, urged that the City buy domestic products made in the United States because of the unfavorable balance of payment and on the basis that when buying products made in the United States the City is helping our country's economy and that of Corpus Christi. Tony Juarez asked if anything has been done in regard to his petition presented about three weeks ago in connection with the sewage conditions in Lex- ington Center area. City of Corpus Christi, Texas Regular Council Meeting May 19, 1965 Page 10 Assistant City Manager Townsend answered that the Staff is not ready to make final report to the Council on this matter; that the sewage problem re- ferred to is as bad as Mr, Juarez stated; that there are only a few residences in this subdivision and the cost of the master plan of sewer system to serve the area is in the neighborhood of $150,000 for a large main from Greenwood Drive to this location; and that the Staff is trying to find some other approach to the problem that will be economically feasible and expects to have a report to the Council at next Monday's Work Shop. There being no further business to come before the Council, the meeting was adjourned,