HomeMy WebLinkAboutMinutes City Council - 02/22/1967MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
February 22, 1967
2:00 p.m.
PRESENT:
Mayor Mclver Furman
Mayor Pro Tem Jack R Blackmon
Commissioners:
Patrick J. Dunne
Ken McDaniel
Dr. P. Jimenez
Ronnie Sizemore
Wm. H. Wallace `}
City Manager Herbert W. Whitney
*Assistant City Attorney Robert E.Young
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.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Blackmon, seconded by Dunne and passed that the Minutes of the Regular
Meeting of February 15, 1967, be approved as submitted to the Council.
City Manager Whitney introduced to the Council Mr. Harry L. Franklin, recently
appointed superintendent of the new City Division, Petroleum Inspection.
Mayor Furman read and presented the following proclamation: SERTOMA'S FREEDOM
WEEK, the week of February 19, 1967, received by Mr. Raymond Barnes, President of the
Corpus Christi Sertoma Club.
Mayor Furman welcomed the Student Council of Wynn Seale Junior High School and
Mr. Jerry Bryant, school principal; and read and presented Certificates of Attendance to
Rudy Barrera, Robert Villarreal, Cynthia Sanchez, Clara Almarez, Sarah Saldana and Kathy
Angermiller.
Mayor Furman announced the pending item of Zoning Application #167-8, Mr. Claude
E. Birge, for change of zoning from "F -R" Farm Rural District to "B-4" General Business
District and "1-2" Light Industrial District on 4.386 -acre tract of land out of the Northwest
portion of Lot 10 of the Harney Partition situated between the Interstate Highway 37 right of
way and Leopard Street and approximately midway between Hart Road and Callicoatte Road,
on which a public hearing was held on February 14, 1967, and stated he would entertain a
motion for disposition of the matter.
Minutes
Regular Council Meeting
February 22, 1967
Page 2
Motion by Sizemore, seconded by Blackmon and passed that the recommendation of the
Zoning and Planning Commission be concurred in and that Application #167-8, Mr. Claude E.
Birge, for change of zoning from "F -R" Farm -Rural District to "B-4" General Business District
and "1-2" Light Industrial District on a 4.386 -acre tract of land out of the Northwest portion
of Lot 10 of the Harney Partition situated between the Interstate Highway 37 Right of Way
and Leopard Street and approximately midway between Hart Road and Callicoatte Road, be
denied, but in lieu thereof "B-4" General Business District be granted on the full depth of the
subject property, and that an ordinance be brought forward effectuating the change.
Mayor Furman announced the public hearing on the abandoning and closing of the
presently dedicated Fort Worth Street extending 567.91 feet southeasterly from Minnesota
Avenue along the east boundary of the R. B. Fisher School Property, and explained the pro-
cedure to be followed.
City Manager Whitney presented the request and stated that the request was made by
the Corpus Christi Independent School District, and pointed out on a map the location of the
street proposed to be closed; explained that several months ago a plat had been approved for
the H. E. Butt Tract providing for the extension of Fort Worth Street through to Minnesota;
stated that there are only two abutting property owners; and that the affected City Departments
have been contacted and that no objections had been interposed to the closing and abandonment
of the subject street, and that approval is recommended.
Mr. M. B. Reasoner, vice president of the H. E. Butt Properties, appeared and
represented Mr. Butt, and stated that it was their agreement that they would begin construction
of the extension of Fort Worth Street 30 days following acceptance of plans and specifications
by the City, and that they are prepared to go ahead.
No one appeared in opposition to the foregoing application.
Motion by Jimenez, seconded by Dunne and passed that the hearing be closed.
Motion by McDaniel, seconded by Blackmon and passed that the request to close and
abandon the portion of the presently dedicated Fort Worth Street extending 567.91 feet south-
easterly from Minnesota Avenue along the east boundary of the R. B. Fisher School Property,
be granted.
Minutes
Regular Council Meeting
February 22, 1967
Page 3
Mayor Furman called for the City Manager's Reports.
Motion by Jimenez, seconded by Dunne and passed that the City Manager's Reports,
Items "a" through "d", with Item "e" to be considered separately, be accepted, and that the
recommendations and requests be approved and granted as follows:
a. That the acceptance and final payment of Estimate No. 4, in the amount of
$3,634.28, from funds previously appropriated, representing the balance now due the con-
tractor, Asphalt Paving Company, for completion of the Winters Drive Improvements, be
approved;
b. That the acceptance and final payment of Estimate No. 2 in the amount of
$4, 172.30, representing the balance due the contractor, B. R. Sessions, for completion of
the Daughters of the Confederacy Memorial Fountain, be approved;
c. That the date of March 22, 1967, during the Regular Council Meeting be set for
public hearing on four zoning cases;
d. That the offer of Buccaneer Commission to donate decorative lighting on the front
and south side of Memorial Coliseum, including fixtures, poles and installation, at an estimated
cost of $4,460.35, with the understanding that the Park and Recreation Department assume
maintenance and pay utility bills, be accepted.
City Manager Whitney presented the application of Southern Minerals Corporation
for a permit to drill Well #10, Harrell Lease, and pointed out the location of the proposed well
on a plat as being a 10 -acres proration unit out of the 333 -acre Harrell Tract, Farm Lots 23,
24, 27 and 28, H. B. Sheppard Farm Lots Subdivision, 990 feet west of the center line of Main
Drive and approximately 2263 feet south of Highway No. 9; stated that the proposed depth of
the well is 5500 feet with 8-5/8" surface pipe to 300 feet below surface, and if the well is
a producer, then to set 4-1/2" production casing through the producing horizon; that the appli-
cant has submitted as documentation of the request, Certificate of Insurance, Railroad Commis-
sion Permit, Plat showing location, and Photocopies of title opinions. Mr. Whitney explained
that on July 14, 1966, the applicant had obtained a permit from the City for the drilling of the
R. & M. Lawrence No. B-6 Well, and that at that time, remitted the sum of $300 to cover the
Minutes
Regular Council Meeting
February 22, 1967
Page 4
required permit fee; that the applicant, without having used the permit, had surrendered this
permit back to the City and had received a credit in this amount to be applied to any future
drilling permit, and that the applicant had requested that this credit be applied to the subject
request; that the application has been examined and an on-site inspection made by Petroleum
Superintendent Harry Franklin and that it is his recommendation that the application be approved
with the exception of the request for variance from the City Ordinance for the use of earthen
mud pits instead of the metal pits.
Mr. Bob Keeling, attorney representing the applicant, appeared on behalf of the
request and stated that the requested variance for mud pits has heretofore been granted under
like circumstances; that it is his interpretation of the ordinance that this variance can be
waived; that all existing wells in the Saxet Field are using mud pits; that Southern Minerals
has never used earthen slush pits, but have used earthen reserve pits, which he explained were
an added safety measure. Mr. Keeling further stated that if the City does not grant the request
to waive this requirement, smaller operators who are trying to cut costs of drilling will be forced
to drill without reserve tanks.
Petroleum Superintendent Harry Franklin stated that he concurs that reserve mud pits
are needed, but stated that we are now within the City Limits; that earthen mud pits do create
a hazard in the event of storms and bad drainage; and that the "housecleaning" of the leases
is more complete and that farm land can be restored back to its original state when metal pits
are used.
Following a lengthy discussion, after which the Council indicated the request would
be tabled for further consideration at Monday night's Workshop and possibly a policy decision,
Mr. Keeling stated he would withdraw the request for a waiver to permit the use of earthen mud
pits and would accept a permit without the waiver, as recommended by Petroleum Superintendent
Harry Franklin.
Motion by Wallace, seconded by McDaniel, that the foregoing application be granted
as requested and that the matter of a policy in connection with the requirement for the use of
metal pits, be discussed at Monday night's Workshop Meeting.
On vote of the Council on the foregoing motion Sizemore, Wallace and McDaniel
Minutes
Regular Council Meeting
February 22, 1967
Page 5
voted "Aye"; Jimenez, Dunne, Blackmon and Furman voted "Nay", and Mayor Furman declared
the motion had failed to pass.
Motion by Wallace, seconded by Blackmon and passed that the application of Southern
Minerals Corporation for a permit to drill Well #10, Harrell Lease, being Farm Lots 23, 24, 27
and 28, H. B. Sheppard Farm Lots Subdivision, Nueces County, Texas, be granted as submitted
with the exception of the request for a variance from the City Ordinance for the use of earthen
mud pits instead of metal pits, as recommended by Petroleum Superintendent Harry Franklin.
*City Attorney I. M. Singer reported at the meeting.
Mayor Furman announced the pending item of Application #167-5, W. H. Stahl, for
change of zoning from "R -1A" One -family Dwelling District to "B-1" Neighborhood Business
District on Block "W", Lexington Place, on which a public hearing was held on February 2,
1967, and called for a motion for the disposition of this item.
Motion by Sizemore, seconded by Jimenez and passed, with all Councilmen voting
"Aye", that Application #1675, W. H. Stahl, for change of zoning from "R -1A" One -family
Dwelling District to "B-1" Neighborhood Business District on Block "W", Lexington Place, be
denied, but in lieu thereof, a Special Council Permit be granted with "B-1" zoning limitations,
except that alcoholic beverages not be permitted for consumption on the permises on approxi-
mately 196 feet, and that "AB" zoning be granted on the remainder of the tract of approximately
95 feet frontage, and that an ordinance be brought forward effectuating the change.
City Manager Whitney presented for the Council's consideration the recommendation
of Director of Public Works Jack McDaniel, that the Legal Department be authorized to initiate
eminent domain proceedings for the acquisition of Parcel #479, being a portion of Lot 1, Section
4, Bohemian Colony Lands, containing approximately 8.384 acres, necessary for right of way
for public street purposes as part of the Crosstown Expressway, from Perry J. Dalton, M.D.,
record title owner, and stated that it was his recommendation that this authority be granted.
Motion by Dunne, seconded by Jimenez and passed that the foregoing recommendation
of City Manager Whitney be accepted and that said condemnation proceedings be authorized.
Minutes
Regular Council Meeting
February 22, 1967
Page 6
ORDINANCE NO. 8365
DFrTERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF AIRLINE ROAD,
FROM ALAMEDA TO SOUTH PADRE ISLAND DRIVE, BE IMPROVED; REQUIRING THE DIRECTOR
OF PUBLIC WORKS TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR THE PROPOSED
IMPROVEMENTS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF
THE COUNTY CLERK OF NUECES COUNTY, TEXAS, OF THE ACTION HEREIN; PROVIDING
HOW SUCH IMPROVEMENTS SHALL BE PAID; 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. 8366
APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS WRITTEN STATEMENT AND
REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENTS OF THAT
PORTION OF AIRLINE ROAD, FROM ALAMEDA TO SOUTH PADRE ISLAND DRIVE; AND
DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY THE CITY OF
CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST
SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON MARCH
15, 1967, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE
OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; 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. 8367
RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE WINTERS DRIVE STREET IMPROVE-
MENTS, PROJECT NO. 220-61-39, AS PERFORMED BY THE CONTRACTOR, ASPHALT PAVING
COMPANY, UNDER THEIR CONTRACT DATED OCTOBER 5, 1966, AUTHORIZED BY ORDI-
NANCE NO. 8203; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, DATED FEBRUARY
14, 1967, IN THE AMOUNT OF $3,634.28, 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; APPROVING A
4 -DAY EXTENSION OF CONTRACT TIME FOR PROJECT COMPLETION; 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
ORDINANCE NO. 8368
RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE DAUGHTERS OF THE CONFED-
ERACY MEMORIAL FOUNTAIN AS PERFORMED BY THE CONTRACTOR, B. R. SESSIONS,
UNDER HIS CONTRACT DATED NOVEMBER 2, 1966, AUTHORIZED BY ORDINANCE NO.
Minutes
Regular Council Meeting
February 22, 1967
Page 7
8224; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, DATED FEBRUARY 16, 1967,
IN THE AMOUNT OF $4, 172.30, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF, SAID PAYMENT TO BE MADE FROM PARK CONSTRUCTION, ACTIVITY NO.
4122, FUNDS PREVIOUSLY APPROPRIATED; APPROVING A 14 -DAY EXTENSION OF CONTRACT
TIME FOR PROJECT COMPLETION; 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. 8369
AMENDING ORDINANCE NO. 8301, PASSED AND APPROVED BY THE CITY COUNCIL ON
JANUARY 4, 1967, SO AS TO REDESCRIBE CITY WARD NO. 30, AND CREATING A NEW
CITY WARD, TO BE NUMBERED CITY WARD NO. 48; CONTINUING IN EFFECT ALL OTHER
PROVISIONS OF ORDINANCE NO. 8301; 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. 8370
AMENDING ORDINANCE NO. 8302, PASSED AND APPROVED BY THE CITY COUNCIL ON
JANUARY 4, 1967, DIVIDING THE CITY OF CORPUS CHRISTI INTO ELECTION PRECINCTS
FOR THE HOLDING OF MUNICIPAL ELECTIONS, BY REDESCRIBING ELECTION PRECINCT
30 AND CREATING A NEW ELECTION PRECINCT, TO BE NUMBERED 48; CONTINUING IN
EFFECT ALL OTHER PROVISIONS OF ORDINANCE NO. 8302; 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. 8371
CALLING AN ELECTION FOR MAYOR AND SIX (6) COMMISSIONERS IN THE CITY OF
CORPUS CHRIST! TO BE HELD ON THE FIRST TUESDAY IN APRIL, 1967; DESIGNATING
PLACES OF HOLbING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PROVIDING
THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVISIONS INCIDENT AND
RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; 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
Minutes
Regular Council Meeting
February 22, 1967
Page 8
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958,
AS AMENDED, BY ADDING A NEW SECTION, 26-23a, REQUIRING ALL PERSONS WHO
ARE REQUIRED TO HAVE PERMITS AND REGISTER UNDER SECTIONS 26-1 THROUGH 26-7
OF THE CORPUS CHRISTI CITY CODE, 1958, TO BE INCLUDED WITHIN THE DEFINITION
OF "ITINERANT PERSONS" UNDER SECTION 26-23 AND REQUIRED TO COMPLY WITH THE
REQUIREMENTS OF SECTIONS 26-23, 26-24, 26-25, 26-26, 26-27 and 26-30, UNLESS
THEY ARE RESIDENTS OF NUECES COUNTY, TEXAS; DEFINING THE TERM "RESIDENTS";
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION.
Mayor Furman asked if there were interested persons in the audience who wished to
speak in connection with the foregoing ordinance, and no one appeared.
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 AMENDING SECTION 26-11 OF THE CORPUS CHRISTI
CITY CODE, 1958, SO AS TO PROVIDE STANDARDS FOR DECISION OF THE CITY SOLICI-
TATIONS COMMISSION; AMENDING SECTION 26-12 OF THE CITY CODE, SO AS TO
CLARIFY THE SOLICITING OF FUNDS FOR CHURCH IMPROVEMENTS; AMENDING SECTION
26-13 OF THE CITY CODE, 1958, BY ADDING PROVISION REQUIRING HEALTH AND WEL-
FARE AGENCIES WHICH ARE AFFILIATES OF NATIONAL ORGANIZATIONS TO SHOW THAT
APPLICANT WILL MAINTAIN AN ADEQUATE ACCOUNTING SYSTEM RELATIVE TO THE
SOLICITATIONS FOR WHICH PERMIT IS REQUESTED.
Mayor Furman asked if there were interested persons in the audience who wished to
speak in connection with the foregoing ordinance and no one appeared.
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".
ORDINANCE NO. 8372
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO
CONDEMN THE FEE TITLE TO CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES
COUNTY, TEXAS, DESCRIBING SAID PROPERTY AS BEING A PORTION OF LOT 1, SECTION
4, BOHEMIAN COLONY LANDS, CONTAINING SOME 8.384 ACRES, IDENTIFYING THE
RECORD TITLE OWNER AS PERRY J. DALTON, SAID CONDEMNATION BEING NECESSARY
FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE
CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY
TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF
THIS ORDINANCE; 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".
Minutes
Regular Council Meeting
February 22, 1967
Page 9
Mr.Bill Williams, 5958 Nell Street, appeared, accompanied by a delegation from the
Delphine Street -Weber Road area, and filed with the City Council a petition signed by 39 persons
protesting the construction of a driveway to be used as an exit for a car -wash facility at the
intersection of Weber Road and Delphine, over what is alleged to be a dedicated public easement.
Mr. Williams presented a plat which he stated was approved in 1958, which set the 20 -foot stip
in question aside as a planting easement, and stated that no driveway was to be permitted. He
further stated that the construction is now under way and that the group has retained an attorney
who will be in contact with the City Staff. (Petition #67-6)
City Manager Whitney stated that, according to a replat of the car -wash lot, approved
last December by the Zoning and Planning Commission, the restrictions are removed.
City Attorney I. M. Singer, when asked for an opinion, stated that if the replat has
been approved, then the City may be bound by the replat, but stated that he would submit a
written opinion.
Mayor Furman stated that the Staff will be instructed to investigate the foregoing matter
and make a report to the Council.
Mr. Richard Morrow, motorcycle rider, appeared and stated that the new ordinance
recently passed by the City Council requiring crash helmets for motorcycle riders is needed, but
that helmet specifications are lacking in the ordinance and that riders are using inferior helmets
such as old Army helmets or other makeshifts. He stated that an inferior helmet can do more
damage than no helmet at all, and demonstrated to the Council a helmet which he stated meets
all the requirements of various safety groups, and stated that its cost is no more than the inferior
ones being used.
Mayor Furman suggested that Mr. Morrow appear before the next meeting of the Traffic
Safety Advisory Board and present this information.
Mr. Dale Wilkerson, 557 Handover, appeared and stated that one year ago Greely
Street in front of Cullen Junior High School was designated as a one-way street to ease traffic
problems, but that it is creating problems. Mr. Wilkerson stated that this one-way street
pattern has not worked because the area residents are aware of the two-way designation at
Minutes
Regular Council Meeting
February 22, 1967
Page 10
night, but others, seeing only the one-way sign and not the smaller one that says it applies only
during school hours, drive both sides of the street, which creates a serious traffic hazard. He
presented the Council with a petition containing 87 signatures of Cullen Place residents re-
questing that Greely be changed from one-way from 8 to 5 p.m. on schooldays, to one-way
from 8 to 9 a.m. and 3 to 4 p.m., on school days, or change back to two-way at all times.
(Petition #67-7)
Mayor Furman advised Mr. Wilkerson that the foregoing matter would be referred to
the Traffic Engineer for study and a report to the Council.
Mr. William Barfield, who has appeared before the Council claiming damage to his
orchids alledgedly caused from gaseous emmissions from the port and industrial area, appeared
and stated that he is awaiting action on his request that an air pollution study be made of air
samples taken near his nursery, and stated that today marks the first anniversary of his initial
appearance before the Council urging that something be done.
City Manager Whitney stated that the matter of testing air samples is to be handled through
the State Health Department and the City -County Health Unit, and that a check on the status of
Mr. Bcrfield's request will be made.
Councilman McDaniel brought to the attention of the Council an existing traffic hazard
on Kostoryz near St. Cyril and Methodius School, and stated that the street had become a "speed
trap" for motorist who apparently are not aware that it is a school zone, and suggested that
possibly a blinking light should be installed at the corner of Kostoryz and McArdle to be in use
during school hours.
City Manager Whitney stated the matter would be investigated.
There being no further business to come before the Council, the meeting was adjourned.
I, McIVER FURMAN, Mayor of the City of Corpus Christi, Texas, certify that the
foregoing minutes, same being for the period of February 1, 1967 through February 22, 1967,
inclusive, and having been previously approved by Council action, are by me hereby approved.
/ m 4 L4�LttiAt��.
McIver Furman, M.D., Mayor
City of Corpus Christi, Texas