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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