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HomeMy WebLinkAboutMinutes City Council - 06/02/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 2, 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 Wm. H. Wallace 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 Father Robert E. Freeman, of St. Patrick's Catholic Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by Wallace and passed that the minutes of the regular meeting of May 26, 1965, be approved as furnished to the Council. Mayor Furman announced the start of Corpus Christi's Workreation Program on Tuesday of this week, whereby some 100 students of the 9th, 10th, and 11th Grades will have jobs this summer, earning $90 per month, thanks to the Downtown Kiwanis Club and others who have contributed so generously to this effort; and in this connection, read a proclamation proclaiming the month of June, 1965, as YOUTH OPPORTUNITY MONTH, which proclamation is to be forwarded to Vice -President Humphrey. Mayor Furman announced the expiration of term of office of Mr. E. E. Harrison on the Memorial Hospital Board, and recommended that Mr. Harrison be reappointed to the Board. Motion by Blackmon, seconded by Dunne and passed that the recommendation be accepted, and Mr. E. E. Harrison be reappointed to the Memorial Hospital Board. Mayor Furman brought up the pending item of Application #465-2, B. W. Bell for change of zoning from "A-1" Apartment House District to "AB" Professional Office District on the east two-thirds of the east one-half of Lot 2, also known as Lot "H," Block II, South End Addition, on which public hearing was held May 19, 1965. Motion by Blackmon, seconded by Dunne and passed that the change of zon- ing be approved, and an ordinance be brought forward changing the zoning on the City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 2 ! ' east two-thirds of the east one-half of Lot 2, also known as Lot "R," Block II, South End Addition, from "A-1" to "AB" Professional Office District. ORDINANCE NO. 7596 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 CHANGE OF ZONING ON THE EAST 2/3 OF THE EAST 1/2 OF LOT 2, ALSO KNOWN AS LOT "R", BLOCK II, SOUTH END ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; REEFING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". Mayor Furman brought up the pending item of Application #465-5, Del Starr Realty Company for change of zoning from "B-1" Neighborhood Business District to "B-5" Primary Business District on all of Block 10, Schanen Estates Unit #1, on which public hearing was held May 12, 1965. Mayor Furman explained that there were originally two applications for signs in connection with this application for a change of zoning, that of H.E.B. and of Walton Neon Company; that the latter was a sign for Peerless Cleaners and Carousel Coin Laundry combined; and that in deny- ing the zoning applied for and granting a special Council permit for the H.E.B. sign, the other sign application was overlooked and is hence pending. Bud Walton, of Walton Neon Sign Company, informed the Council that the request was for a combined sign for Peerless Cleaners and Carousel Coin Laundry. Motion by Sizemore, seconded by Jimenez and passed with Wallace abstaining, that an ordinance granting a special Council permit to erect a forty -foot sign for Peerless Cleaners and Carousel Coin Laundry on Block 10, Schanen Estates Unit #1, be brought forward. Mayor Furman announced the public hearing on the application of John N. Hill for a Permit to Drill a well in Lot 25, Section 52 of Flour Bluff and Encinal Farm and Garden Tracts. City Manager Whitney presented a map showing the proposed location of the well; presented the application of John H. Hill, supported by check in the amount City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 3 of the required fee, copies of lease agreements, copies of insurance certificates, and telegraphic confirmation of Railroad Commission Permit. Mr. Whitney explained that the applicant proposes to drill to a depth not exceeding 10,000 feet; that the well is more than 150 feet from any residence or structure, with the exception of a residence approximately 172 feet and a boat barn approximately 100 feet from the proposed well site, for which waiver and consent of the property owner, Mrs. Tyler, has been filed with the application. Gerald James, attorney, on behalf of John H. Hill of Dallas, applicant, introduced Mr. Borden Llewellyn, Mr. Hill's attorney from Dallas, and Mr. Bill Burch, one of Mr. Hill's agents, all present in support of the application. Mr. James pointed out that the application complies in all respects with the require- ments of the Code; and presented a plat of the survey of the area by the firm of Jones & Van Pelt to locate the well site, He pointed out he had submitted the waiver and consent to the drilling of Mrs. Lydia Tyler, the owner of the only two structures that are within 150 feet of the proposed drilling site; and presented the waiver and consent to the drilling of Mr. and Mrs. 0. W. Grun, and of Mr, and Mrs. W. H. Hindman, who own houses approximately 200 feet from the drilling site. Mr. James stated that Mr. Hill will construct a three -strand barb -wire fence at least three and a half feet off the ground around the drilling site to protect people from wandering onto the site; and will set 2500 feet of surface casing, which is much more than required by either the Code or the Railroad Commission. He stated that the drilling of this well will be a sizeable contribution to the economy of our community, in that it will entail an investment of approximately $200,000, and that if production is obtained, at least one more well in the area is contemplated. John Brooke, attorney and owner of an unimproved sixty acre tract adjoin- ing the King Ranch fence west of the drilling site, spoke in favor of the applica- tion on the basis that he believes there is a potential for this kind of well at this time that will not exist in the future since the area is slowly being developed for residential purposes, and that the development of these leases at this time City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 4 will add tax revenue that would otherwise be lost, and is therefore in the public interest. Mr. and Mrs. J. W. Brightman, 4122 Claudia Drive, spoke in opposition to the permit on the basis of the danger of blow -outs, that six wells have been lost in South Texas, one in Nueces County, and that the people living in the area are interested in homesites, not wells; and objected to the eventual tank batteries. Mr. and Mrs. Harry Schaaf, 4118 Wyndale, living approximately 250 feet due north of the proposed well site, spoke in opposition, pointing out that the well was to be located in the parking lot operated by Red's Bait Stand which would be dangerous to the fishermen who did not know of the drilling operation; that the high winds that prevail in the area greatly increase the danger in event of a blow- out; and that they objected to the noise and filth of the drilling operation. Gertrude Pippeny who stated she lived one block away from the site, was greatly disturbed and worried about the effect of the noise on her eighty-two year old mother who is coming home from the hospital this week, and on her own nerves since she has to work, nurse her mother, and listen to the drilling racket all night. Mr. and Mrs. 0. W. Chaffee, 4126 Annette, approximately 300 feet from the well, were opposed to the application because of the noise and danger to their property in the event of explosion and fire. One of Mrs. Tyler's renters at 4125 Annette, who is connected with ARADMAC, objected on the basis of danger to his wife and eight -months' old baby, the danger in event of blow-out or fire to everyone within 800 feet of the site, and the worry to himself, and loss of sleep that would be detrimental to his work. The petition of several residents on Claudia, Laguna Shore Road, and Allen Road, in opposition to the proposed well was presented and noted for the record. Mr.. James and Mr. Llewellyn pointed out that the principal landowners and business operators in the area are in favor of the application; that the mineral rights were severed from the surface estate many years ago, and that any- one since 1910 who purchased land in the area was aware of the fact that Nueces City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 5 County is a prolific gas and oil area and that there was always the possibility of this type of development; and that all operations will be conducted in accordance with the requirements of the Code, with the addition of extra safety measures men- tioned. They pointed out that the parking lot would be relocated by the applicant; that upon completion the operation would involve a forty square foot area, or possibly a fifty square foot area, and would be kept a very neat operation. Everyone who wished to be heard having been given an opportunity to express themselves, motion by Sizemore, seconded by Blackmon and passed that the hearing be closed, and the application be tabled for one week. Mayor Furman called for the City Manager's Reports. Motion by Jimenez, seconded by Sizemore and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows: a. That the one bid received on the construction of proposed Street Im- provements in Saxet Heights and Fifteenth Street be rejected; that the specifica- tions be amended to delete the proposed improvements on Fifteenth Street and the requirement for the contractor to trim the trees; and that authority to re -advertise for bids to be received, be granted; b. That reimbursement of the General Fund for engineering charges for the quarter ending April 30, 1965, for various bond projects in the sum of $36,950 be approved; and that appropriation in the sum of $27,129 be made to supplement the $9,821 remaining from previous appropriations for this purpose; c. That Change Order No. 2 in connection with the S. L. Allison Sewage Treatment Plant to change the type of air flow receivers, resulting in a reduction in the cost of $2500, be approved; d. That the request of Coastal States Crude Gathering Company for a fran- chise or revocable easement for a 6 -5/8 -inch O.D. liquid products line across the southern portion of International Airport property, and in the public right of way of certain streets, be approved, subject to approval by the Highway Department relative to Highway 44, and subject to a three -reading ordinance with a basic charge City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 6 of $100, plus a $50 per crossing to take care of the engineering and inspection expenses incurred; e. That the request of Houston Pipeline Company for a franchise or re- vocable easement for pipeline crossings of Kosar Road, State Highway 44, Alpine Street, Hunter Lane and Clarkwood Road, be approved, subject to approval by the Highway Department of the Highway 44 crossing, and subject to a three -reading ordinance with a basic charge of $100, plus a $50 per crossing to take care of the enginmring and inspection expenses incurred; f. That the proposed amendment to the ordinance dealing with utility de- posit procedure so as to eliminate the requirement of a supplemental deposit when a customer moves from the Municipal Gas Corporation system to the City system, be approved; 8. That preparation of a formal agreement or lease with Southwest Air- lines, Inc. for use of the air field at International Airport on the basis of either the present rate of 8e per 1000 pounds of certified maximum gross landing weight, or 2q per gallon flowage charge, whichever is the greater, be approved; that their sub -leasing of terminal space with Eastern Airlines and right to use the gate house and ramp in common with other scheduled airlines, be approved; h. That a three-year extension to Mr. Berusen from the present termina- tion date of July 31, 1965, of his agricultural lease of the thirty-five acres at the 0. N. Stevens Plant, under the present terms and conditions, be approved; i. That the bid award for an estimated twelve months' supply of Copper Tubing be made on the basis of low bid meeting specifications to Ajax Supply Company for 47,000 feet of Copper Tubing in various lengths and sizes ranging from inch to 1' inch, for a total of $13,139.50; (Bid Tabulation #18) j. That the Tax Error and Correction Lists for April, 1965, for the City and for the Water District, be approved; k. That authority to advertise for bids to be received on July 14, 1965, on concession rights for the restaurant and newsstand at International Airport, be granted. 0 City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 7 ORDINANCE NO. 7591 APPROPRIATING THE SUM OF $27,129 OF WHICH AMOUNT $12,744 IS FROM NO. 220 STREET BOND FUND, $5,207 IS FROM NO. 295 STORM SEWER BOND FUND, $605.00 IS FROM NO. 230 BRIDGE FUND AND $8,573 IS FROM NO. 250 SANITARY SEWER BOND FUND, THE FOREGOING AMOUNTS TO SUPPLEMENT FUNDS IN THE AMOUNT OF $9,821 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR ENGINEERING COSTS AND CONTINGENCIES, APPLICABLE TO VARIOUS BOND FUND PROJECTS AS SHOWN ON THE TABULATION PREPARED BY THE ACCOUNTING DIVISION, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT TO THE GENERAL FUND, NO 102 CURRENT FUND, IN THE AMOUNT OF $36,950 FROM FUNDS HEREBY AP- PROPRIATED AND PREVIOUSLY APPROPRIATED AND NOT HERETOFORE REIMBURSED DURING THE CURRENT FISCAL YEAR, FOR THE PERIOD OF 16 JANUARY 1965 THROUGH 30 APRIL 1965; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Ronnie Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7592 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO COASTAL STATES CRUDE GATHERING COMPANY IN LIEU OF THE EASEMENT HERETOFORE EXECUTED BY CITY OF CORPUS CHRISTI AND SOUTH TEXAS CRUDE GATHERING COMPANY UNDER AUTHORITY OF ORDINANCE NO: 7550, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 21, 1965, FOR THE PLACING OF A 6 -INCH PIPELINE WITHIN THE CITY AIRPORT PROPERTY AT CORPUS CHRISTI INTERNATIONAL AIRPORT, MORE FULLY DESCRIBED HEREINAFTER; PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HRRFTO 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, Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7593 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 38-6, UNDER ARTICLE II, "RULES AND REGULATIONS GENERALLY FOR PUBLIC UTILITIES DEPART- MENT", AS AMENDED, BY AMENDING SUB -PARAGRAPH ENTITLED "RATES GENERALLY" SO AS TO PROVIDE THAT THE RATE AS CHANGED BY THE REGULATORY OR GOVERNMENTAL BODY SHALL APPLY TO THE CUSTOMER'S SERVICE UNDER HIS EXISTING CONTRACT; AMENDING SUB -PARAGRAPH ENTITLED "OPTIONAL RATES" UNDER SECTION 38-6 SO AS TO DELETE THE PROVISION WHEREBY THE CUSTOMER MAY NOT EXERCISE THE OPTION TO CHANGE TO ANOTHER AVAILABLE RATE WITH- IN THE NEXT SUCCEEDING TWELVE MONTHS PERIOD UNLESS THERE IS SUBSTANTIAL CHANGE OF HIS OPERATIONS AND THE SERVICE USED BY HIM; AMENDING SUB -PARAGRAPH ENTITLED "SECURITY FOR THE PAYMENT OF BILLS AND PERFORMANCE OF OTHER OBLIGATIONS BY CUSTOMER" UNDER SECTION 38-6 SO AS TO ELIMINATE THE PROVISION REQUIRING CUSTOMERS TO PLACE ADDITIONAL DEPOSITS WITH THE CITY WHEN MOVING ELSEWHERE IN THE CITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION: AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 8 ORDINANCE N0. 7594 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 USE PERMIT:ON WALDRON SUBDIVISION ANNEX, TRACT #1, OF RECORD IN VOLUME 29, PAGE 92, NUECES COUNTY MAP RECORDS, SAID PROPERTY ALSO BEING KNOWN AS 7.05 -ACRE PORTION OF LOT 21, SECTION 49, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A TRAILER PARK, SUBJECT TO THE CONDITIONS ERRFINAFTER STATED; 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, Sizemore and Wallace, present and voting "Aye". Commissioner McDaniel questioned a proposed ordinance changing the zoning on a 2.6 acre tract out of Lot 25, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, as he did not recall this zoning request, and City Manager Whitney explained that the public hearing on this request had been held in September, 1962; that it had been approved by a former Council, subject to filing of a proper plat and installing the necessary subdivision improvements; pointed out what is known as Tract 1 and Tract 2, Block "C" of Pharaoh Valley; and explained that since the conditions have now been complied with, the enacting ordinance has been prepared for Council action. With approval of the Council, the emergency clause was deleted from the proposed ordinance, and the ordinance put on a three -reading basis. FIRST READING OF AN ORDINANCE 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, AS AMENDED, BY REZON- ING A 2.6 ACRE, MORE OR LESS, TRACT OF LAND OUT OF LOT 25, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, LOCATED AT THE NORTHWEST INTERSECTION OF McARDLE ROAD AND NILE DRIVE, ALSO KNOWN AS TRACT 1 AND TRACT 2, BLOCK "C", PHARAOH VALLEY, SOUTHWEST UNIT 1, AS SHOWN BY PLAT FILED FOR RECORD IN VOLUME 28, PAGE 94, NUECES COUNTY MAP RECORDS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; RE- PEALING ALL ORDINANCES IN CONFLICT HRRRWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". City of Corpus Christi, Texas Regular Council Meeting June 2, 1965 Page 9 ORDINANCE NO. 7595 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 MEADOW - BROOK 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 third time and passed finally by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING A FRANCHISE TO COASTAL STATES CRUDE GATHERING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A,CERTAIN PIPELINE WITHIN THE SPECIFICALLY DESIGNATED LOCATIONS BENEATH, ALONG AND ACROSS CERTAIN STREETS, ROADS AND AVENUES EXTENDING FROM THE POINT ON KOSAR ROAD AT THE CITY LIMITS LINE WEST OF CORPUS CHRISTI INTERNATIONAL AIRPORT AND FM ROAD 763, TEXAS STATE HIGHWAY 44, OMAHA DRIVE, BALDWIN BOULEVARD AND CANTWELL LANE FOR THE TRANS- PORTATION OF LIQUID PETROLEUM PRODUCTS; SETTING FORTH CERTAIN TERMS OF SAID FRANCHISE; PROVIDING FOR FORFEITURE OF FRANCHISE UNDER CERTAIN CONDITIONS; PROVID- ING FOR PUBLICATION; AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THIS FRANCHISE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING A FRANCHISE TO HOUSTON PIPELINE COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, AND REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BY CROSSING SAID STREETS, ROADS AND HIGHWAYS AT SAID DESIGNATED POINTS, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS INCLUDING GAS; SETTING FORTH THE TERMS OF SAID FRANCHISE; PROVIDING FOR PUBLICATION; AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THE FRANCHISE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". There was no one present with further business to present for the Council, and Mayor Furman declared the meeting in recess. Following a brief recess, the meeting was reconvened and adjourned with no further business.