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HomeMy WebLinkAboutMinutes City Council - 10/22/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 22, 1969 2:00 p. m. PRESENT: Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney I. M. Singer Assistant City Attorney Bob Coffin Assistant City Secretary Bill G. Read Mayor Pro Tem Gabe Lozano called the meeting to order. The Invocation was given by the Reverend Henry C. Thomas, Pastor of the Arlington Heights Church of the Nazarene. Assistant City Secretary Bill G. Read called the roll of those in attendance. Motion by Sizemore, seconded by Roberts and passed, that Mayor Blackmon be excused for cause. The Minutes of the Special Meeting of October 13, 1969, were approved as submitted to the Council. Mayor Pro Tem Lozano read and presented proclamations relative to the following: UNITED NATIONS DAY, October 24, 1969, urging citizens to reaffirm their dedication to the human values which we hold to be self-evident, as guaranteed for us in the Constitution and Bill of Rights and set forth as goals for all nations in the United Nations Charter and Universal Declaration of Human Rights; received by Mr. Bill Read, Chairman of the local United Nations Committee; NAVY DAY, Monday, October 27, 1969, in recognition of the well deserved honor on the achievements of our mighty Navy and to its heroic men and women for their patriotism and duty all over the world; received by Admiral Frederick Turner and Mr. Arthur Elliott; CLEANER AIR WEEK, October 19 - 25, 1969, for the purpose of promoting a united educational program for cleaner air and to help build a better and stronger America, and urging all citizens to dedicate themselves to the fight against air pollution for the entire year; received by Mr. Herbert W. Whitney, former City Manager and member of the State Air Pollution Control Board, and John Simer, Public Relations Director for the Regional Planning Commission. 1 Minutes Regular Council Meeting October 22, 1969 Page 2 Mr. H. K. Burnett, President of Home Furnishing Association, appeared in connection with a petition which he filed with the City Secretary, October 17, 1969, signed by 54 licensed home furnishing dealers, alleging that there are some 33 or 34 individuals conducting permanent garage sales in Corpus Christi which amount to a million dollar business each year. He stated they are unlicensed sales and repair services avoiding sales taxes, personal property taxes, inspections and zoning laws; also alleged that signs advertising the sales are placed in locations prohibited by law, such as posters tacked on the street rights of way, traffic signs, and telephone poles; stated that he has knowledge of household merchandise being hauled by truck loads from other cities to be sold here, and that to his knowledge, the garage sales have forced at least six Corpus Christi dealers out of business. The petitioners asked the City Council to consider an ordinance similar to one passed by the City of Victoria which prohibits vendors from bringing in merchandise from other cities; requiring that a permit be obtained before a sale is held, and that the sale be limited to two a year at any one location. Approximately 15 persons were present on behalf of the petition. (Petition #10/69) Mr. John Eakle, 2867 South Staples, spoke in favor of the garage sales, stating that he had been selling his own reconditioned furniture locally for some time because it was the only way he knew of disposing of it. He stated that he had stopped the sales after having been warned by a City employee that he was violating the law, but explained that, other than the zoning, he had complied with the law. Mrs. Walter A. Greer, 4338 Cottage, spoke in favor of the garage sales, stating that the used furniture dealers, and/or their families, have their own garage sales; that the only other way available to dispose of used furniture and household items is through the furniture dealers, and that they do not expect to pay anything near a fair price. She stated she feels they are not objectionable and should be allowed if the neighbors do not complain. Mrs. Greer further stated that the City of Victoria does not enforce its ordinance as she visited eight garage sales in that City last Saturday. • • Minutes Regular Council Meeting October 22, 1969 Page 3 City Manager Townsend stated that the present zoning ordinance already makes permanent garage sales illegal in residential areas. He explained that the matter of the State Sales Tax is not before the Council and not within its jurisdiction, but that after due consideration and study, if the Council should determine that such an ordinance is desirable, it will become a future agenda item, and that it will be open for public discussion prior to its passage. Mayor Pro Tem Lozano announced the opening of bids. Bids were opened and read on Gate Valves and/or Butterfly Valves, for the Leopard Street Transmission Main from the following firms: Clow Corp. (Oskaloosa, Iowa); McAllen Pipe and Supply (Corpus Christi); Republic Supply Co. (Corpus Christi); Trans -Tex Supply Co. (San Antonio); Allis-Chalmers (York, Penn.); American Cast Iron Pipe (Birmingham, Ala.); B I F (Providence, R.I.); M & H Valve & Fittings (Anniston, Ala.); and Alliges & Sears. (Alamo Iron Works, The Rohan Co., and the Superior Iron Works, submitted No -Bids) The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Lozano called for the City Manager's Reports. Motion by Roberts, seconded by Sizemore and passed, that the City Manager's Reports, Items "a" through "d", be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of Monday, November 17 at 4:00 p.m., Special Meeting, be set for a public hearing on the following zoning cases: (1) Henry Tucker, from "R -1B" to "B-4" on Everhart between Bonner and Curtis Clark in Gardendale; and (2) Ralph Broyles, from "R -1B" to "AB" on Everhart midway between Harry and Jacquelyn Streets; b. That an appropriation in the amount of $1,585.50 of which amount $1,007.00 is for acquisition of Parcel No. 2, (being approximately 500 square feet of right of way at Carroll Lane and Padre Island Drive), $487.00 for removal and replacement of neon sign, and $91 .50 for incidental expense, be approved, and that real estate sales contract with the owner, Donald F. Bowey,be authorized; • Minutes Regular Council Meeting October 22, 1969 Page 4 • c. That the date for hearing of the appeal of certain Sanitation workers originally set for November 17, 1969, at 4:00 p.m., Special Council Meeting, be rescueduled for 4:00 p.m. on Wednesday, November 19, Regular Meeting; d. That a revocable permit to the First Christian Church, whereby the grantee may utilize o portion of the public right of way along Monterrey Street, between Rossiter and Sinclair, for construction of driveway entrances, and driveway and header curb construction, including planting strip, be granted. Mayor Pro Tem Lozano announced the pending item of Application #1268-1, Roy Smith and Ennis Joslin, for change of zoning from "R -1B" to "B-5" on an 8.28 acre tract of land out of Lots 4, 5, & 6, Section 3, Flour Bluff and Encinal Farm and Garden Tracts, on which a public hearing was held January 22, 1969. City Manager Townsend stated that all of the requirements suggested by the Council, including the street closing, the removal of the dead-end street, and certain fence and sidewalk requirements, had been agreed to. Motion by Roberts, seconded by Sizemore and passed, that the recommendation of the Planning Commission be concurred in and that Application #1268-1, Roy Smith and Ennis Joslin, for change of zoning from "R -1B" One -family Dwelling District to "B-5" Primary Business District, on an 8.28 acre tract of land out of Lots 4, 5, & 6, Section 3, Flour Bluff and Encinal Farm and Garden Tracts, extending east of Holmes Drive for a distance of 900 feet in the 5200 Block of Padre Island Drive and Mount Vernon Drive, be denied, but in lieu thereof, "B-4" General Business District be granted, and that an ordinance be brought forward effectuating the change. ORDINANCE NO. 9522 ABOLISHING THE "TRANSIT ADVISORY COMMITTEE"; REPEALING ORDINANCE NO. 8774, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 21, 1968; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. Minutes Regular Council Meeting October 22, 1969 Page 5 • ORDINANCE NO. 9523 APPROPRIATING OUT OF NO. 220 STREET BOND FUND, FOR PROJECT NO. 220-64-64 MINOR STREET R.O.W., THE SUM OF $1,585.50 OF WHICH AMOUNT $1,007.00 IS FOR THE ACQUISITION OF LAND, $487.00 FOR THE REMOVAL AND REPLACEMENT OF NEON SIGN AND $91.50 IS FOR INCIDENTAL EXPENSE, ALL IN CONNECTION WITH THE ACQUISITION OF PARCEL NO. 2, CARROLL LANE AND PADRE ISLAND DRIVE STREET RIGHT-OF-WAY; AUTHORIZING REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNER OF THE AFORESAID PARCEL OR TRACT OF LAND, DONALD F. BOWEY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9524 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, UPON APPLICATION OF ROY SMITH AND ENNIS JOSLIN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 8.28 ACRE TRACT OF LAND OUT OF LOTS 4, 5, AND 6, SECTION 3, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, EXTENDING EAST OF HOLMES DRIVE FOR A DISTANCE OF 900 FEET, IN THE 5200 BLOCK OF SOUTH PADRE ISLAND DRIVE AND MT. VERNON DRIVE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS 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 and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. ORDINANCE NO. 9525 AUTHORLING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A REVOCABLE PERMIT TO THE FIRST CHRISTIAN CHURCH WHEREBY SAID GRANTEE MAY UTILIZE A PORTION OF THE PUBLIC RIGHT OF WAY ALONG MONTERREY STREET, BETWEEN ROSSITER AND SINCLAIR, FOR CONSTRUCTION OF DRIVEWAY ENTRANCES, DRIVEWAY AND HEADER CURB CONSTRUCTION, INCLUDING PLANTING STRIP, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE PERMIT, 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: Lozano, Bradley, de Ases, McDaniel, Robetts and Sizemore, present and voting "Aye"; Blackmon was absent. There being no further business to come before the Council, the meeting was adjourned.