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HomeMy WebLinkAboutMinutes City Council - 05/15/1968PRESENT: Mayor Jack R. Blackmon 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 May 15, 1968 2:00 P. M. City Manager R. Marvin Townsend City Attorney 1. M. Singer Asst. City Attorney Bob Young City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Mr. Vinson Morris, Director of Education of the First Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bradley, seconded by Lozano and passed, that the absence of Mayor Pro Tem Sizemore be excused for cause. The Minutes of the Regular Meeting of May 8, 1968, were approved as submitted to the Council . Mayor Blackmon recognized and presented a Certificate of Commendation to a group of students from Mary Carroll High School, a unit of the Naval Junior Reserve Officers Training Corps, who won first place trophy in the first annual Intracity NJROTC competition which was presented at a special activation ceremony May II, in Memorial Coliseum. Cadet Commander Paul Duncan and Cadet Ensign Russell Hughes, received the Citation on behalf of the Unit. Lt. Commander Walter Badger presented the group. Mayor Blackmon gave special recognition toveteran Principal Charles A. Gregg, who was present in the audience, in connection with the Mary Carroll ROTC unit, and is retiring this year after 45 years of service in school work including 37 years in Corpus Christi. Mayor Blackmon read and presented proclamations relative to the following: MARITIME DAY, May 22, 1968, urging that all citizens honor our Merchant Marine by appropriate recognition of the many contributions made by the men and women for the success of our merchant fleet, received by Mr. Tom Sexton and Mr. Harry Plomarity; INSURANCE WOMEN'S WEEK, May 19-25, in recognition of the increasing role of women in the insurance Minutes Regular Council Meeting May 15, 1968 Page 2 industry, received by Mrs. Willie Mae Elliott, Publicity Chairman, and Mrs. Jane Matthews, President; REALTOR WEEK, May 19-25, 1968, in recognition of the high standards of ser- vice rendered by Realtors, received by Mr. Gibson, Secretary, and Mr. Sam Allem, President of the local Baird; SAFETY PATROL WEEK, May 19-25, 1968, and request the citizens of the community to pay tribute to those who have contributed so much to the preservation of life and property, received by Lt. Jimmy Thompson of the local Police Force. Mayor Blackmon read the following nominations for appointment to the Sister City Committee: Bob Conwell, Ralph Bennett, and Mrs. Mayfair Coover. Motion by Roberts, seconded by Jimenez and passed, that the foregoing nomina- tions for appointment to the Sister City Committee be approved and confirmed. Mayor Blackmon announced the opening of bids. One bid was opened and read on the hauling of 20,000 Cubic Yards of topsoil from Kelly Ditch to Cole Park from Womack and Manning. The foregoing bid was tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon announced the pending item of Zoning Application #168-6, Central Power and Light Company, on which a public hearing was held March 5, 1968, and called for a motion for the disposition of the matter. Motion by Roberts, seconded by Jimenez and passed that the recommendation of the Zoning and Planning Commission be concurred in and that Application 0168-6, Central Power and Light Company, for change of zoning from "R -IB" One -family Dwelling District to "1-3" Heavy Industrial District, for an addition to its Lon C. Hill Power Station, on approximately 32 acres, plus or minus, of land out of Gregoria Ferias Grant, Abstract 0592, fronting on Hearn Road Northwest of Lon C. Hill Power Plant and East of the Missouri Pacific Railroad Tracts, be approved as requested subject to a proper plat, and that an ordinace be brought forward effectuating the change. Mayor Blackmon announced the pending item of Zoning Application #467-2, Mr. Jim Wilbum, Jr., on which a,public hearing was held April 29, 1968, and called fora motion Minutes Regular Council Meeting May 15, 1968 Page 3 for action on the matter. Motion by Lozano, seconded by Jimenez and passed, that the foregoing zoning matter be tabled for further information. Mayor Blackmon announced the public hearing on a request to close a 20 -foot dedicated roadway Tying along the East side of Lot 8, Section 12, and a 20 -foot roadway lying along the West side of Lot 1, Section 19, both areasaosit,of Flour Bluff & Encinal Farm and Garden Tracts. City Manager Townsend presented the request and explained that it had been made by Mr. John Huston, Consulting Engineer for Mrs. E. M. Gowan, adjoining land owner, asking that the abandoned right of way be allowed to revert to his client. Mr. Town- send stated that the applicant alleges that subject right of way has been on the records for 73 years without being used, opened or improved, and that inasmuch as Airline Road has been developed, and various subalivisions in the area now preclude this undeveloped road being opened, it serves no purpose. He further stated that the $25.00 filing fee had been received with the request; that the various affected City Departments had been contacted and that no objections had been filed, but that the Zoning and Planning Department recommended that additional closure of the remaining 40' road dedication between Holly Road and Williams Drive which consists of one-half of the street right of way out of Lot 17, Section 18, and the full 40' width between Lot 25, Section 13, and Lot 32, Section 18, Flour Bluff & Encinal Farm & Garden Tracts. Mr. Townsend stated it is his recommendation that the subject roadway be abandoned as advertised. No one appeared at the hearing in favor of or in opposition to the foregoing request. Motion by Roberts, seconded by Lozano and passed, that the hearing be closed. Motion by Bradley, seconded by Jimenez and passed, that the 20 -foot dedicated road lying along the East side of Lot 8, Section 12, and the 20 -foot road Tying along the West side of Lot 1, Section 19, in Flour Bluff & Encinal Farm and Garden Tracts, be abandoned as requested, and that an ordinance be brought forward effectuating the abandonment. Minutes Regular Council Meeting May 15, 1968 Page 4 Mayor Blackmon called for the City Manager's reports. Motion by Lozano, seconded by Roberts and passed, that the City Manager's Re- ports, Items "a" through "m", with Jimenez voting "Nay" on Item "k" be accepted, and that the recommendations and requests be approved and granted as follows: a. That a revocable easement to Danoil, Inc. for installation of 1,200' of 3" plastic pipeline to carry salt water from an oil well on Clarkwood School site along Eklund Avenue to the Garrison Drainage Ditch, be granted; b. That the recommendation of the Marina Board to replace 180 pier pilings at an estimated cost of between $30,000 and $35,000, requested now so that bids can be received while the Yacht Club pier addition is under construction, be approved; c. That the request of Patrolman Cornelius Wimbish fora change in partici- pation in Social Security benefits based on his written application for coverage, made retro- active to January I, 1966, with the provision that Mr. Wimbish make a lump sum contribu- tion equal to the contributions he would have been required to make had he been continuously covered, be granted; d. That the award of bid on 790' of 18" Corrugated Galvanized Casing for the Utilities Department, be made to ARMCO Steel Corporation on the basis of low bid meeting specifications in the amount of $2,279.55; (Bid Tabulation #17-68). e. That the acceptance and final payment of Estimate No. 5, in the amount of $11,653.67, representing the balance due the contractor, T. H. Lee, for completion of construction of Tuloso Road, Stillwell Lane, Tropic Isles and South Staples Sanitary Sewers, be approved; f. That eminent domain proceedings to condemn certain parcels or tracts of land, being Parcels No. 12 and 13 out of Block 41, Bluff Portion, in connection with North Staples Street Improvement Project, be authorized; g. That the date of Wednesday, May 29, 1968, Regular Council Meeting, be set for a public hearing on the closing .of a portion of Chico Street; Minutes Regular Council Meeting May 15, 1968 Page 5 h. That the date of Wednesday, May 29, Regular Council Meeting, be set for public hearing on one zoning application involving a relocation of the proposed Cliff Maus Village Project; i. That an appropriation in the amount of $90, 000.00 for the purpose of pur- chasing additional natural gas, necessary to supplement the amount exceeding the budget estimate for the current year, be authorized; I. That the recommendation of the Zoning and Planning Commission to approve Padre Island - Corpus Christi Section No. 6 (Replat - Approx. 29.802) O.C.L.), be approved; k. That the employment of Tobin Research of San Antonio, Joe Brown of Victoria, and Harold Carr, to appraise 85 parcels of land in the area proposed for Open Space Projects, be authorized; 1. That the appointment of George H. Gable as Marina Superintendent, as authorized by Ordinance No. 8809, be confirmed; m. That the Ordinance adopting rules and regulations for exploration, drilling and production of hydrocarbons on the land area of the City of Corpus Christi, now awaiting third reading, which has been amended in accordance with statements of the City Attomey in the form now in the hands of the City Secretary, be placed on the Agenda for thrid reading at the Regular Council Meeting on May 22, 1968. Commissioner Jimenez stated that his negative vote on Item "k" for the em- ployment of expert appraisers in connection with Open Space Projects, was on the basis that he did not approve of spending the taxpayers money for purchase of land for this purpose. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE (5) YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR MAINTENANCE OF THE EXISTING YACHT CLUB PIER, T -HEAD AND RELATED PILINGS AND FOR CONSTRUCTION OF AN EXTENSION OF THE EXISTING YACHT CLUB PIER, T -HEAD AND RELATED PILINGS, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. Minutes Regular Council Meeting May 15, 1968 Page 6 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts present and voting "Aye". Jimenez being absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION, TO BE DESIGNATED AS SECTION 16-98A, REQUIRING REFRIGERATION OF MEAT AND MEAT PRODUCTS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PENALTY; PROVIDING A SEVERANCE CLAUSE; PROVIDING A PENALTY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, Roberts present and voting "Aye". Sizemore being absent. ORDINANCE NO. 8863 RECEIVING AND ACCEPTING CONSTRUCTION OF TULOSO ROAD, STILLWELL LANE, TROPIC ISLES AND SOUTH STAPLES SANITARY SEWERS, PROJECT NO. 250-64-63, AS PERFORMED BY THE CONTRACTOR, T. H. LEE, UNDER HIS CONTRACT DATED NOVEMBER 15, 1967, AUTHORIZED BY ORDINANCE NO. 8659; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 5, DATED APRIL 11, 1968, IN THE AMOUNT OF $11,653.67, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SEWER BOND FUNDS, PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, Roberts being present and voting "Aye". Sizemore being absent. RESOLUTION NO. 8864 RESOLUTION INDICATING THE ASSENT OF THE CITY TO A CHANGE IN PARTICIPATION IN SOCIAL SECURITY BENEFITS OF OFFICER CORNELIUS WIMBISH BASED ON HIS WRITTEN APPLICATION FOR COVERAGE, EFFECTIVE AS OF JANUARY I, 1966, PRO- VIDED SAID OFFICER WIMBISH MAKES A LUMP SUM CONTRIBUTION EQUAL TO THE CONTRIBUTIONS HE WOULD HAVE BEEN REQUIRED HAD HE BEEN CONTINOUSLY COVERED; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel, Roberts present and voting "Aye". Sizemore being absent. Minutes Regular Council Meeting May 15, 1968 Page 7 ORDINANCE NO. 8865 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN PARCELS OR TRACTS OF LAND; DESCRIBING THE SAME;. DESIGNATING TITLE HOLDERS; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY FOR NORTH STAPLES STREET PROJECT, WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foreoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, McDaniel and Roberts present and voting "Aye". Sizemore being absent. ORDINANCE NO. 8866 APPROPRIATING OUT OF NO. 106 GAS FUND, UNAPPROPRIATED SURPLUS, THE SUM OF $90,000 FOR THE PURPOSE OF PURCHASING NATURAL GAS; 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 vbting "Aye". Sizemore being absent. Mayor Blackmon reported that the complaint filed with the Council for two consecutive weeks relative to the sale of "obscene literature" in the City, was considered in workshop meeting this past week, and that the Legal Department has been directed to submit an opinion and a recommendation relative to this matter for further consideration at next week's workshop meeting. He further reported that the proposed "package store ordinance" presented to the Council May 1, 1968, by Mr. John Haas, had been discussed by the Council and had been tabled for further study. Mayor Blackmon called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Rebecca Torres, appeared and inquired as to the status of a request for an open housing ordinance. She made particular reference to a local property owner who ad- vertises regularly in the local newspaper for rental to Anglos only. She also referred to Minutes Regular Council Meeting May 15, 1968 Page 8 newspaper articles which she stated placed Negro people twenty-five years in advance of the Latin people. Mayor Blackmon explained to Mrs. Torres' that her allegations are dealing in generalities of matters that do not fit into our local situation, and of which this Council has no control. He asked that Mrs. Torres read the new Federal Law that has been recently passed by Congress, and advised that the Council is making an effort to acquaint themselves with its terms and be guided in a prudent manner as to any actions or opinions until they have had an opportunity to rationalize on this law. He further stated that the Legal Department has been directed to make a study and recommendation to implement this law, and that an opinion is expected in approximately ten days. Commissioner Lozano pointed out the merits of the functions of the Human Re- lations Commission in following through on complaints, and stated a number of complaints made to the Council recently could have received earlier attention through this Committee. Mr. A. E. Till, a farmer on the West side of the City, appeared and asked for drainage relief of flooded farm land, stating that farmers are loosing their crops. He stated he had spoken to the Director of Public Works about providing some temporary relief while the Clarkwood Ditch is being enlarged. City Manager Townsend explained that the Council is aware of the problem and of how it could be solved, but that it does not have the necessary budgeted funds. Mr. Joel Garcia, 901 Wilshire, inquired as to the status of his request of May 1, 1968, relative to the sale of "lewd literature" in the City, and was advised that the City Attorney is making a study of the ordinance and a report is expected to be available for workshop next week. Mr. Garcia stated that he would be back to the Council meeting next week to see what has been done. Mr. Carlos Truan, a candidate for State Representative, asked if the City had any control over the dates set for Buccaneer Days in the City, and stated that he was con- cerned because the last one was held on election day, and requested that the Council use Minutes Regular Council Meeting May 15, 1968 Page 9 its influence to have future Buccaneer Day activities scheduled at another time so as not to interrupt such important things as voting. Mr. Truan futher sought information as to what reports have come out of the Crime Commission which was appointed some time ago, Mayor Blackmon stated that the present lease with Buccaneer Days provides that they designate the dates, and that the Council has no control over the schedule of activities. He directed that Mr. Truan contact the Chairman of the Crime Commission, Mr. Edmund Ford for information regarding the activities of this Commission, but stated that this group has worked di[rgenntiy and that deliberations have been conducted without fanfair, and that they were given one year before a report would be expected. Mr. Warren M. Smith, owner of Smitty's Garage in Flour Bluff, appeared and asked that the Council consider establishing zones for wreckers dispatched to accident scenes. He pointed out that it takes too long to get to the scene, and that in some in- stances, causes dangerous traffic hazards. He stated that officers of the police department agree that the zones are needed, and that it would be not only of more benefit to the City and public, but more profitable to the wrecker business. He further asked that a traffic light be installed at an intersection on Snake Road, stating that it is impossible for him to get in and out of his place during peak hours. Mr. Smith was advised that his comments were worthy and informative and would be given consideration. Mayor Blackmon announced that the Council would recess for a brief period for a workshop meeting. The meeting was reconvened and City Manager Townsend presented the following ordinance: ORDINANCE NO. 8867 REPEALING ORDINANCE NO. 8830, WHICH AMENDED SUBSECTION 301.2 OF THE SOUTHERN STANDARD HOUSING CODE, 1965 EDITION, ADOPTED IN ORDINANCE NO. 8463, AND READOPTING SECTION 301.2 AS IT READ PRIOR TO THE ADOPTION OF ORDINANCE NO. 8830; READOPTING SUBSECTION 306.1, 306.2, 306.3, 306.4 Minutes Regular Council Meeting May 15, 1968 Page 10 AND 306.5 TO THE SAME EFFECT AS: IF ORDINANCE NO. 8830 HAD NOT BEEN PASSED; READOPTING THE PROVISIONS OF SUBSECTION 401.4 AS THE SAME EXISTED PRIOR TO THE ADOPTION OF ORDINANCE NO. 8830; PROVIDING FOR SEVERANCE; 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 being absent. There being no further business to come before the Council, the meeting was adjourned.