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.
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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.
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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;
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Minutes
Regular Council Meeting
October 22, 1969
Page 4
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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
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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.