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HomeMy WebLinkAboutMinutes City Council - 12/13/1967PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 13, 1967 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T, Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by the Reverend Earl N. McArthur of All Saints Episcopal Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of November 27, 1967; of the Regular Council Meeting of November 29; and of the Regular Council Meeting of December 6, 1967, were approved as submitted to the Council. Mayor Blackmon read and presented a proclamation, designating December 20, 1967, as KTRH DAY, as an expression of gratefulness to this Radio Station of Houston, Texas, whereby Corpus Christi will be saluted, and urged the citizens of the community to tune "740 on your dial" on this occasion. Mayor Blackmon recognized the Student Council from King High School, and their sponsors, Mrs. Ramirez, and Mrs. Barbara Brooks; and read and presented Certificates of Attendance to Rhonda Mann, Kay Tollett, Susan Wheeler, Jeff McDaniel and Lillie Haymaker. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Bradley and passed that the City Manager's Reports, Items "a" through "h", 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 $6,762.86, representing the amount due the Contractor, Heldenfels Brothers, for completion of construction of the Sanitary Sewer Laterals for Jamaica, Waldron Road and Caribbean Place, be approved; b. That the Preliminary Plans for the remodeling of the Third Floor of the La Retama Library as prepared by Architect Walter Wilde, be approved, and that authority to proceed with the final plans, be granted; Minutes Regular Council Meeting December 13, 1967 Page 2 c. That an appropriation in the amount of $500.00, for the acquisition of Parcel No. 3, in connection with street improvements of North Staples Street, Kinney Avenue to I. H. #37, be approved; d. That an appropriation in the sum of $7,285.82 to cover expenses in connection with the sale of $3,550,000 General Improvements Bonds, Series 1967, on September 7, 1967, be approved; e. That the authority to advertise for bids for the demolition and removal of 34 buildings from the Bayfront Science Park Property, to be opened December 27, 1967, be granted; f. That the award of bid on five items of Stainless Steel Sheets, consisting of 24 - 36" x 144" Sheets; 24 - 36" x 120" Sheets; 1,250 Rods; 2,500 Nuts and 2,500 Washers, be made to Ducommun Metals & Supply Company, in the amount of $4,145.51, on the basis of low bid meeting specifications; (Bid Tabulation #67-47) g. That the award of bid on two items of Fire Hose be made to the following firms on the basis of low bids meeting specifications: To Blaze Guard Manufacturing Company of North Bergan, New Jersey, Item 1 - 3,000 feet 1-1/2" Staple cotton, double jacket, rubber lined fire hose in 50° lengths, fora total sum of $1,878.66; To F. Dale Bacon of Glenview, Illinois: Item 2 - 1,000 feet 1" Booster Hose, 400# WP, smooth rubber or neoprene covered and rubber lined with rocker lugs, for a total sum of $709.72; (Bid Tabulation #67-48) h. That the City Code be a mended so as to prohibit parking on both sides of Mesquite street from the intersection of Schatzel street to the intersection of Lawrence street, but that loading zones be retained. City Manager Whitney presented a request of Mr. Carl Duaine, requesting Council permission to delete the sidewalks from the street requirements in the South one-half of Kingswood Addition, and stated that the reasons for the request were that there are no sidewalks within two miles of the Subdivision; that the addition is being planned to suit the needs of older groups of people; and that the money spent for sidewalks could be used more advantageously for boating facilities. Motion by Bradley, seconded by Roberts and passed, with Jimenez voting "Nay" and Sizemore abstaining, that the request to delete the sidewalks from street improvements in Kingswood Addition, be granted. Minutes Regular Council Meeting December 13, 1967 Page 3 City Manager Whitney presented the application of Cities Service Oil Company for a permit to drill State Tract #10, Well #3, Corpus Christi Bay, from an irregular location at the surface, being 410' FSEL and 660' FSWL of State Tract #11, and directionally drill to bottom under adjoining State Tract #10. Mr. Whitney stated that the application was a proper application having been duly examined by the Bay Drilling Committee and that approval was recommended. Motion by Bradley, seconded by Roberts and passed, with Sizemor&abstaining, that the appli- cation of Cities Service Oil Company for a permit to drill State Tract #10, Well #3, from State Tract #11, Corpus Christi Bay, be approved as presented and as recommended by the Bay Drilling Committee. SECOND READING OF AN ORDINANCE AMENDING SECTION 9-78 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,BY AMENDING SUBSECTION (A) SO AS TO HEREAFTER REGULATE THE SPEED OF WATERCRAFT ON LAKE CORPUS CHRISTI WITHIN 300 FEET OF THE WATER'S EDGE AND TO SPECIFICALLY PROVIDE THAT CARELESS OPERATION OF ANY WATER- CRAFT ON THE LAKE BEYOND 300 FEET FROM THE WATER'S EDGE SHALL BE DEEMED A CRIME OF CARELESS OPERATION; AMENDING SECTION 9-78 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SUBSECTION (L) SO AS TO HEREAFTER PROVIDE THAT ALL MOTORBOATS TOWING OR OTHERWISE ASSISTING A PERSON ON WATER SKIS, SURFBOARD OR SIMILAR CONTRIVANCE SHALL BE OPERATED NOT LESS THAN 300 FEET FROM THE WATER'S EDGE;REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO, 8686 RECEIVING AND ACCEPTING CONSTRUCTION OF THE SANITARY SEWER LATERALS FOR JAMAICA, WALDRON ROAD AND CARIBBEAN PLACE, PROJECT NO. 250-64-48.2, AS PERFORMED BY THE CONTRACTOR, HELDENFELS BROTHERS, UNDER THEIR CONTRACT DATED JULY 19, 1967,AUTHORIZED BY ORDINANCE NO. 8531; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, DATED NOVEMBER 30, 1967, IN THE AMOUNT OF $6,762.86, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SANITARY SEWER BOND FUNDS, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8687 APPROPRIATING OUT OF NO. 220 STREET BOND FUNDS THE SUM OF $500 FOR PROJECT NO. 220-61-50, NORTH STAPLES, KINNEY AVENUE TO I. H. #37, FOR THE ACQUISITION OF ONE (1) PARCEL OF LAND, BEING PARCEL NO. 3; AUTHORIZING AND DIRECTING THE CITY Minutes Regular Council Meeting December 13, 1967 Page 4 MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNER OF THE AFORESAID PARCEL, WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED BY THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following ote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8688 APPROPRIATING THE SUM OF $7,285.82 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $3,550,000 GENERAL IMPROVEMENT BONDS, SERIES 1967 ON SEPTEMBER 7, 1967; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8689 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 BENJAMIN ESHLEMAN, JR. AND LORINE ESHLEMAN VOGT, BY GRANTING A SPECIAL COUNCIL PERMIT ON A PARCEL OR TRACT OF LAND CONTAINING 4.707 ACRES, MORE OR LESS, OUT OF LOTS 3 AND 6, SECTION 1, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR 30 - UNIT TOWNHOUSE PROJECT, SUBJECT TO CONDITIONS HEREINAFTER SET FORTH; 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 read and failed to pass, in accordance with the applicable 20 per cent rule, by the following vote: Sizemore, Bradley and McDaniel, present and voting "Aye", and Blackmon, Jimenez, Lozano and Roberts voting "Nay". ORDINANCE NO. 8690 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 !UP ON APPLICATION OF THE "CORPU''S- CHRISTI OSTEOPATHIC HOSPITAL, BY AMENDING THE ZONING ON LOTS 1 AND 2, COPP'S SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 13, 1967 Page 5 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8691 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 PAR- TICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CORPUS CHRISTI THEATRES, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE OPERATION OF A TWO -SCREEN DRIVE-IN THEATRE ON AN AREA DESCRIBED AS A PORTION OF LOTS 7 AND 8, SECTION 13, FLOUR BLUFF ENCINAL FARM & GARDEN TRACTS FRONTING 600 FEET ON PADRE ISLAND DRIVE AND EXTENDING THROUGH TO McARDLE ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITION HEREIN- AFTER SET FORTH; 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: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". ORDINANCE NO. 8692 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO MAKE APPLICATION TO THE TEXAS STATE LIBRARY ON THE FORMS PRESCRIBED BY THEM FOR A FEDERAL GRANT PURSUANT TO TITLE II OF THE LIBRARY SERVICES AND CONSTRUCTION ACT (P.L. 89-511), AND TO EXECUTE ALL FORMS AND AGREEMENTS AS REQUIRED BY THE TEXAS STATE LIBRARY AND APPLICABLE TO THE PROPOSED CONSTRUCTION, THIRD FLOOR, LA RETAMA PUBLIC LIBRARY; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye" . ORDINANCE NO. 8693 AMENDING SECTION 21-55 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING ITEM 36 SO AS TO PROHIBIT PARKING ON BOTH SIDES OF MESQUITE STREET, BETWEEN LAWRENCE AND SCHATZEL STREETS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye"; Sizemore abstaining. Minutes Regular Council Meeting December 13, 1967 Page 6 FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION, TO BE NUMBERED SECTION 190, ENTITLED "EMERGENCY AMBULANCE SERVICE"; DEFINING TERMS; MAKING IT UNLAWFUL TO OPERATE AN AMBULANCE WITHOUT AN AMBULANCE OPERATOR'S PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBU- LANCE OPERATOR'S PERMIT; MAKING IT UNLAWFUL TO OPERATE AN AMBULANCE ON THE PUBLIC STREETS EXCEPT IN THE PRESENCE OF A PERSON HOLDING AN AMBULANCE ATTENDANT'S PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE ATTENDANT'S PERMIT; PROVIDING FOR THE SUSPENSION OR REVOCATION OF SAID PERMITS UNDER CERTAIN CONDITIONS; PROVIDING FOR THE DISPATCHING OF AMBULANCES BY THE POLICE DISPATCHER UNDER CERTAIN CONDITIONS; MAKING IT UNLAWFUL FOR AN AMBULANCE OPERATOR TO REFUSE ASSISTANCE OR TRANSPORTATION AT THE SCENE OF AN EMERGENCY WITH CERTAIN EXCEPTIONS; PRO- VIDING FOR THE MANAGEMENT AT THE SCENE OF AN EMERGENCY; ESTABLISHING MAXIMUM FEES TO BE CHARGED FOR EMERGENCYAMBULANCE SERVICE; MAKING IT UNLAWFUL TO ACCEPT AMBULANCE SERVICE WITHOUT PAYING A FEE THEREFOR'; PROVIDING FOR PAYMENT OF FEES FOR CERTAIN PERSONS BY THE CITY OF CORPUS CHRISTI; PROVIDING FOR EXCEPTIONS TO THIS ORDINANCE; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. City Manager Whitney presented the ordinance, and stated that copies had been furnished to officials of the Nueces County Medical Society and owners of local ambulance services, and that no communications had been received, but that he had received suggested amendments prepared by Police Legal Advisor Wey►and Pitcher; copies of which were fumished the Council. Mr. William R. Anderson, attorney representing the Ross Longhorn Mortuary, spoke in opposition to certain provisions of the ordinance, statingthat the State Statutes more than adequately cover the field of ambulance regulations; stated that his client objected to the requirement that two qualified attendants man each ambulance; objected to the alleged unfair financial burden placed upon operators of emergency ambulance service; objected to the age requirement of ambulance attendants; the designated powers of the inspection officer; the provision that the permit will be issued for one year when the State provides for a two-year permit; and to the application forms, stating the information asked for in the application is needless and immaterial. Mr. Anderson further objected to provisions contained in Sections 10, 14, 20, 25 and 26 of the proposed ordinance. Mr. Don Pucket, spoke on behalf of Clifford Jackson Funeral Home, and stated they were concerned with the financial problem of collecting from indigent victims of emergency ambulance service, stating that their books show a loss of approximately $800 in the lost 60 days which they have no possible way of collecting since they are not set up for hiring collectors. He stated that the provision in the ordinance that "non-payment be made an offense" will not alleviate this problem. Mr. Pucket stated that he concurred in the statements made by Mr. Anderson, that the requirement that two trained attendants accompany each ambulance is unnecessary, expensive, and an added burden on ambulance operators. Minutes Regular Council Meeting December 13, 1967 Page 7 Mr. Ronald Crow of the Clifford Jackson Funeral Horne in Annaville, appeared and stated that he wanted to go on record as being in favor generally with the proposed ordinance; stated that he and Carl Young had originated a petition asking that an ambulance district or zone be created in the Western Area of the City to be dispatched from the City Police Departments. He further stated that it is his belief that it is the intent of the ordinance to provide more efficient ambulance service. Former Councilman Pat Dunne, spoke on behalf of Maxwell -Dunne Funeral Serviceand stated there are a number of provisions contained in the proposed ordinance which should have further con- sideration; that the City should avoid being too involved in private industry, and that he would like to study the suggestions prepared by Mr. Pilcher. Dr. W. R. Metzger, City -County Health Officer, spoke in support of the proposed ordinance, and in rebuttal to statements made by Attorney William Anderson, stated that the State Law was written in 1943, and in many respects, is antiquated; stated that he considered the provision requiring two qualified attendants for each emergency ambulance to be a valid provision; would not subject the attendant to a law suit; and that the inspector should be allowed to go on the premises to inspect vehicles and equipment from the standpoint of safety and health. He further stated that he felt there should be some way to relieve the ambulance operators of the burden of non-paying emergency victims which should not be imposed on private businesses. Dr. Roger S. Johnson, representing the Trauma Committee of the Nueces County Medical Society, spoke and endorsed the proposed ordinance, stating that he feels citizens are entitled to a safe trip to the hospital in a clean ambulance with qualified attendants. He further commented that most ambulance services do a creditable job and that the service probably is little appreciated by the citizenry. Mr. Manuel Cantu, representative of the Gonzales Funeral .Home, commended the Council for what it is trying to accomplish, but stated that he felt there were certain provisions in the ordinance which should have further study. Mayor Blackmon thanked those present for their comments, criticisms and suggestions, and stated the Council has been awaiting these comments and suggestions from interested parties for several weeks. He stated the Council is concerned as to the spread out nature of the City, and about Minutes Regular Council Meeting December 13, 1967 Page 8 the non-payment problem, and further, that the proposed ordinance will require more study, and would suggest that it be referred back to workshop. City Attorney Singer was directed to make a report to the Council as to what extent the State is regulating ambulance service. Motion by Bradley, seconded by Sizemore and passed that the proposed ordinance regulating ambulance service be tabled for further study, Mr. R. F. Vann, 1417 Marguerite Street, appeared and stated that he had been negotiating with City Attorney Singer the settlement of a. $400 bill the. City has submitted for clearing a lot he owns in Laguna Acres, and offered his draft in the amount of $225 in settlement of this bill Mayor Blackmon stated this matter would be referred to the Legal Department for disposition. There being no further business to come before the Council,. the meeting was adjourned,