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HomeMy WebLinkAboutMinutes City Council - 10/05/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 5, 1966 2:00 p.m. PRESENT Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez 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 Mayor Pro Tem Jack R. Blackmon in the absence of the invited guest chaplain. Motion by Blackmon, seconded by Sizemore and passed that the minutes of the Regular Council meeting of September 28, 1966, as furnished to the Council be approved. Mayor Furman read and presented an Honorary Citizenship Award and a key to the City of Corpus Christi, to Dr. Yata Haneda, Director of the Yokosuka City Museum. Dr. Haneda, accepted the award with gratitude and pride and thanked Mayor Furman and the members of the Council. Other members of the Sister City Committee were also present at the Council meeting. Mr. Harold Carr, acting as spokesman for the Organization for the Preser- vation of an Unblemished Shoreline, presented an award to the Corpus Christi State National Bank, accepted by Mr. Richard King III, Executive Vice President of the bank, for its contribution to the beauty of the bayfront, use of plant materials, design and maintenance. Mr. King accepted the plaque and stated that he was honored and delighted to receive this award, especially the first award that OPUS has given for this purpose. Mayor Furman also extended his thanks and commended the Corpus Christi State National Bank for their contribution to the esthetics of our Bayfront. Mayor Furman recognized the Student Council from Mary Carroll Senior High School, and the principal of Carroll, Mr. C. A. Gregg, and read and presented Certificates of Attendance to Michael McNitsky, Ronnie Grant, Debbie Cheek, and Iris Rindorf. Minutes Regular Council Meeting October 5, 1966 Page 2 Mayor Furman also recognized three members of the Calallen Senior High Student Council who were present, they were Cathi Cox, Randy De Lay, and Steve Land. Mayor Furman read and presented proclamations relative to the following: ZIP CODE WEEK in Corpus Christi, the week of October 10 through October 15, 1966, accepted by Mr. Otis Bowers, United States Postmaster. Mr. Homer Moore, Mr. Refugio Cano, and Mr. David Alaniz and other members of the postal staff were also present; NATIONAL RESTAURANT MONTH in Corpus Christi was proclaimed for the month of October. No one was present in the audience to accept this proclamation. Mayor Furman announced the opening of bids. Bids were opened and read on the demolition of several buildings in the Bayfront Science Park area from the following firms: Industrial Design Company, 0. M. Green (Mathis), Jose Luna, and Rodney Miller (Mathis). 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 Furman presented the pending item of Application #866-9, Drs. Frich and Giles for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 10, Block 2, Gray Village Unit II (unrecorded). Motion by Sizemore, seconded by Jimenez that Application #866-9, Drs. Frich and Giles be granted, Wallace and Dunne voting "Nay", Mayor Furman � announced the motion had failed since affirmative votes were necessary in this'2 Y( instance. Motion by Wallace, seconded by Dunne that the action of the Zoning and Planning Commission be concurred in and the application be denied. McDaniel and Mayor Furman voted in favor of the motion. Sizamore, Jimenez and Blackmon voted "Nay". Motion carried. Mayor Furman announced the public hearing of an application of the Cities Service Oil Company requesting a Building Permit in State Tract #2 to install gas well separation and dehydration equipment on Spoil Island at the location where Atlantic Richfield already has an installation, City Manager Whitney Minutes Regular Council Meeting October 5, 1966 Page 3 stated that the combined equipment to be installed would cost approximately $84,183; and labor to install the equipment for the 240' x 120' facility would cost approximately $40000. City Manager Whitney further stated that he had received a letter form Mr. Ed Harte, Chairman of the Bay Drilling Committee, recommending approval of the Cities Service Oil Company application to install the facility. Mr. Minor Culli, a resident of Ingleside, appeared before the Council and spoke in opposition to the proposed Cities Service Oil Company production facility, reading a letter with a petition signed by 259 residents of Ingleside on the Bay, Ingleside Cove, and Ingleside. Mr. Culli stated that he and the people of Ingle- side want the relief and protection afforded Corpus Christi proper, that they ask for no more or no less than the Corpus Christi residents. He also stated that Mr. Harvie Branscomb had appeared at an earlier Council meeting and stated the Committee foresaw no further need for additional facilities and that no more plants will be permitted. Mr. Culli suggested that the Bay Drilling Ordinance be checked further, and place the same restrictions regarding distances from shore from the Channel down to the Laguna. Commissioner McDaniel stated that the site proposed by the Cities Service Oil Company is the same as approved for the Atlantic Richfield Oil Company, and is considered the same facility. Commissioner Wallace stated that the proposed amendment to the Bay Drilling Ordinance will take care of the concern Mr. Culli has, by prohibiting any drilling or production facility being closer than three miles apart from each other. Mayor Furman announced there would be a public hearing with the Bay Drill- ing Committee, October 6, 1966, 7:30 p.m., at the City Hall, and that Mr. Culli would then be able to further state his objection. Motion by Wallace,seconded by Dunne and passed that the hearing be closed. Motion by Wallace, seconded by Jimenez and passed that the matter be tabled for workshop. Mayor Furman announced the Council would be recessed for a 5 -minute period to enable the Zoning and Planning Staff to prepare the Council Chamber for the remainder of the public hearings to follow: Minutes Regular Council Meeting October 5, 1966 Page 4 Mayor Furman reconvened the meeting and announced the Council would consider the application for the closing and abandonment of Hillcrest Street, from Antelope Frontage Road to the alley South of Antelope. Mr. Larry Wenger, of the Zoning and Planning Staff, located the property on the map and explained that since there are two abutting property owners and if the street is closed, it would revert to the property owners on either side. Motion by Sizemore, seconded by Blackmon and passed that the hearing be closed. Motion by Dunne, seconded by Jimenez and passed that the application for the closing and abandonment of Hillcrest right of way, from Antelope Frontage Road to the alley South of Antelope, be approved subject to the retention of an easement for a 6 -inch existing sanitary sewer line. Mayor Furman announced the Council would consider the application for the closing and abandonment of a strip of land approximately 50 feet in width extending from Everhart Road to Roberts Drive lying between Lots 1 to 11, inclusive, Block 2, Avalon Place Subdivision. Mr. Larry Wenger located the property on the map and stated that the land in question was across from the Town and Country Shopping Center and was being used for private parking and advertising purposes. No one appeared for or against the abandonment. Motion by Jimenez, seconded by McDaniel that the public hearing be closed. Motion by Wallace, seconded by Jimenez and passed that the application for the closing and abandonment of a strip of land approximately 50 feet in width extending from Everhart Road to Roberts Drive lying between Lots 1 to 11 inclusive, Block 2, Avalon Place Subdivision, be approved subject to retaining sufficient area for a right turn lane abutting Lot 11, Block 2 of Avalon Place. Mayor Furman called for the City Manager's Reports. Motion by Wallace, seconded by Jimenez and passed that the City Manager's Reports, Items "a" through "i", Item "j" being acted upon separately; and that Minutes Regular Council Meeting October 5, 1966 Page 5 the recommendations and requests be approved and granted as follows; a. That the plans and specifications and request for authority to advertise for bids for the Confederate Memorial Fountain, receiving bids on October 26, 1966, be approved; b. That the recommendation to reduce speed limits from 45 mph to 35 mph on Everhart and Kostoryz between Holly Road and Padre Island Drive and that the speed limit on Nueces Street from Frank Street to Coke Street be reduced from 30 mph to 20 mph, be authorized; c. That the recommendation for the approval of the tax roll for the current year, with $516,910,165.00 as the total assessed value for all property, be approved; d. That the recommendation for the acceptance of the correction deeds for the right of way for the Schanen drainage easement, be approved; e. That the receiving and accepting of construction of the Greenwood Branch Library, as performed by the contractor, Lanphier Construction Company, authorizing payment of final estimate No. 10, dated September 29, 1966, in the amount of $22,255.10, be approved; f. That the request of the property owners to defer construction of sidewalks in the Industrial Subdivision located on both sides of Baldwin Boulevard between Highway 44 and Airport Road (including the old ball park site), be approved; g• That a revocable easement with Valley Pipe Lines, Inc., to place a 2" oil, gas and other petroleum pipeline within the City street right of way to cross Kosar Road, be approved; h. That the authority to advertise for bids for the mineral lease on Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, be approved; i. That the date of October 26, 1966, during the Regular meeting be set for public hearing on one (1) zoning case. j. That the application of Atlantic Richfield Company to drill Wells Nos. 6,7, and 8, State Tract #470; Well No. 1, State Tract #81; and Well No. 1, Minutes Regular Council Meeting October 5, 1966 Page 6 State Tract #33, in clusters, subject to applicant furnishing Railroad permits, be approved; City Manager Whitney pointed out that Ordinance "J"(#8204)8 had failed to receive the approval of the City Attorney because a performance bond was not required to assure the conditions under which the Special Council Permit was granted would be carried out. Commissioner Dunne inquired if the hospital's plat had been approved to which Mr. Singer replied he did not know. Mayor Pro Tem Blackmon stated that in view of the previous experiences with the applicant that he would not vote for the granting of the permit without a performance bond. Commissioner Sizemore stated that he would not vote for the ordinance if a performance bond was required. Commissioner Jimenez agreed with Commissioner Sizemore. There was discussion pro and con regarding the performance bond. Finally it was agreed that if the granting of the permit would be conditioned upon "a Certificate of Occupancy should not be issued until full compliance on all conditions," the ordinance otherwise would be acceptable. Mr. Al Eppea, architect representing the applicant, was present and entered into the foregoing discussion and stated that he was sure the additional condition would be acceptable. City Manager Whitney called attention to Ordinance "g" (8202)9 in reference to assessments of Winters Drive; that a petition had been received requesting the deletion of sidewalks in certain areas from the improvements. A study is being made of the request and a report and recommendation will subsequently be made. ORDINANCE NO. 8196 RECEIVING AND ACCEPTING CONSTRUCTION OF THE GREENWOOD BRANCH L:IBRAR`", PROJECT NO. 207-64-69 AS PERFORMED BY THE CONTRACTOR, LANPHIER CONSTRUCTION COMPANY, UNDER THEIR CONTRACT DATED NOVEMBER 179 1965, AUTHORIZED BY ORDFNAN'CE NO. 7795; AUTHORIZING PAYMENT IT FTN4T. FTttMATE NO. 109 DATED SEPTEMBER 29, 19668 IN THE AMOUNT OF $22,255.10, A COPY 01. WHICH IS ATTACHED HERETO AND MADE A rat HEREOF; SAID PAY- MENT TO BE MADE FROM NO. 207 PUBLIC BUILDING BOND FUNDS PREVIOUSLY APPROPRIATED; AND 1W(T.ARING AN EMERGENCY. The mhsrter rule was suspended and the foregoing or. aLance was passed ay rhe following voted Furman, h.acumun, Dunne, Jliuenez9 McL41..1.ei9 Wallace, preaeu, and vot,..:...g 'Aye". Minutes Regular Council Meeting October 5, 1966 Page 7 ORDINANCE NO. 8197 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY AMENDING SECTION 21-68 THEREOF RELATING TO SPEED LIMITS ON EVERHART ROAD AND KOSTORYZ ROAD; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule wts suspended and the foregoing ordinance was passed by the following vote Furman, Blackmon, Dunne, Jimenez Sizemore, And Wallace, present and vnting "Aye". McDaniel present and. voting "Nay". ORDINANCE NO, 8198 AMENDING THE CORPUS CHRISTI 7',ITY GODE, 1958, AS AMENDED, 3Y AMENDING SECTION 21-69 SO AS TO DECREASE THE SPEED LIMIT ON NUECES STREET FROM THE SOUTH RIGHT OF WAY LINE OF FRANK STREET TO THe SOUTH RIGHT OF WAY LINE OF CONE STREET, ALL WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, 'TEXAS; PROVIDING FOR PUBLICATION; 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 ORDINANCE NO, 8199 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND CN BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO VALLEY Puff LINES, INC., TO PLACE A 2" OIL, GAS AND OTHER PETROLEUM PRODUCTS PIPELINE WITHIN ma• STREET RIGHT OF WAY, MORE FULLY DESCRIBED HEREINAFTER; PROVIDING THE TERMS OF S1GF EASEMENT A rOPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, AND DECLARING AN EME7V;ENCY:. The Charter rule was suspended and the foregoing ordinance was passed by the following vote; Furman, Blackmon, Dunne, Zimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye". ORDINANCE NO, 8200 CLOSING A PORTION OF BICXHAM ROAD AND NORTH BICKHAM ROAD, EXCEPT THAT PORTION LING BETWEEN LOTS 1 AND 2 OF BLOCK 1, LOT 4 of BLOCK 2, AND LOT 5 07 PLOCK 4, HEARN ADDITION, NUECES COUNTY, TEXAS; ANI DECLARING AN EMERGENCY. The Chatter' rule was suspended and the foregoing ordinance. was passed by the following Ircte Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and voting "Aye". ORDINANCE NO. 8201 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED, ON TEE 277E DAY OF AUGUST, 1937, APPEARING 07 RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF RAINED BAKING COMPANY, BY AMENDING TEE ZONING MAP BY CHANINS" THE ZONING ON LOTS 7, 8, 9, 10, 11 AND 12, BLOCK. 1, NELSON ADDITION, IN TEE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-5" PRIMARY' BUSINESS DISTANT TO Minutes Regular Council Meeting October 5, 1966 Page 8 "I-2" LIGET INDUSTRIAL 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 votes Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, aid Wallace, present and voting "Aye". ORDINANCE NO. 8202 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON WINTERS DRIVE, FROM HORNE ROAD TO GREEN GROVE AND HOLLYWOOD TERRACE CONNECTION TO WINTERS DRIVE, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE OWNERS THEROF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN THE LIMITS DEFINED, AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED, EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUTTING UPON SAID STREETS, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMCUN'a" OF THE COST OF SAID IMPROVEMENTS PROPOSED TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF WINTERS DRIVE, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVEMENTS ON SAID STREET, WITHIN SAID LIMITS, FIXING A CHARGE AND LIEN AGAINST THE PROPERTY ABUTT- ING UPON SAID STREET AND THE REAL AND TRUE OWNER THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE COMPLETION AND ACCEPTANCE CF SAID WORK, THE MANNER AND THE TIME OF PAYMENT AND PROVIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; AND DECLARING AN E1' RGENCY. 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. 8203 AUTHORTZING.AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH ASPHALT PAVING COMPANY FOR CONSTRUCTION OF TEE WINTERS DRIVE STREET IMPROVEMENTS LOCATED BETWEEN HORNE ROAD AND GREEN GROVE DRIVE, AND HOLLYWOOD TERRACE CONNECTION TO WINTERS DRIVE, PROJECT NO. 220-41-39; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $39,000 07 WHICH AMOUNT $34,679.16 IS FOR THE CONSTRUCTION CONTRACT AND $4,320.84 IS FOR CONTINGENCIES INCLUDING ENGINEERING, LABORATORY TESTING, LEGAL ADVERTISING AND EXPERT WITNESS FEES; 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. 8204 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 PARKVIEW GENERAL HOSPFTAL, INC., BY GRANTING A SPECIAL PERMIT FOR THE CONSTRUCTION AND OPERATION OF A CONVALESCENT HOME ON THE EDWIN E. CONNOR TRACT, ACCORDING TO THE MAP THEREOF OF RECORD IN VOLUME 27, PAGE 89, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS HERE- INAFTER MORE PARTICULARLY SET OUT, AND FURTHER SUBJECT TO THE INDEMNIFICATION AGREE- MENT BETWEEN THE CITY OF CORPUS CHRISTI AND PARKVIEW GENERAL HOSPITAL, INC., A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, AND FURTHER SUBJECT TO THE SITE PLAN, A COPY OF WHICH IS ATTACHED Minutes Regular Council Meeting October 5, 1966 Page 9 HERETO AND MARKED EXHIBIT "B", AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINA""C:ES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinary e was passed. by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore, and Wallace, present and toting "Aye". FIRST READING FIRST READING OF AN ORDINANCE DEFINING "MILK" AND CERTAIN "MILK PRID ," "MILK PRODUCER," PASTEURIZATION," ETC.; PROHIBITING THE SALE OF ADULTERATED Ai.4'P MISBRANDED MILK AND MILK PRODUCTS; REQUIRING PERMITS FOR THE SALE OT' MILK AND MILK PROUDCTS; REGULATING THE INSPECTION OF DAIRY FARMS AND MILK PLANTS, AAD THE EXAMINATION, LABELING, PASTEURIZATION, DISTRUBUTION AND SALE OF MILK AN MILK PROUDCTS; PROVIDING FOR THE CONSTRUCTION OF FUTURE DAIRY FARMS AND MILS PLANTS, AND THE ENFORCEMENT OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY PROVIDING FOR PENALTY, The foregoing ordinance was passed for the first time and passed to its second reading by the following vote: Furman, Blackmon, Dunne, Jf.,Lre,, Sizemore, and Wallace, present and voting "Aye". FIRST READING AMENDING ORDINANCE N0: 4168, ALSO REFERRED TO AS THE 'TLATTIND h1tDI.lAKCE OF' THE CITY OF CORPUS CHRISTI", PASSED AND APPROVED ON THE 23RP DAY OF MARCH, 1955, AS AMENDED, BY AMENDING AND ADJING TO SUBSECTION "A" OF SECTION 71 RELATI.P;':TO OFF-SITE IMPROVEMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDIING FOR PUBLICATIud. The foregoing ordinance was passed for the first time and passed -o its second reading by the following vote: Furman, Blackmon, Dunne, n3..111etlz, MnDin el, Sizemore, and Wallace, present and voting "Aye". Mr> Bill Barfield, a local nurseryman, came before the Council to :;oLplain about air pollution and urged the Council to get together with the haalth depart- ment, stating that the unclean air is damaging to a person's health, c.tu ing respiratory ailments and that an Air Pollution, Board should be set up on th state. City Manager Whitney stated that there was already a State A''r Poll ion Board and that he was member of it. 1 Mayor Furman and the members of the Council asked Mr o B (aefi Odd /Cd o 'r ief them on the air pollution matter at a future date. There being no further business to come before the Council, the mee`::ag was adjoin ned.