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HomeMy WebLinkAboutMinutes City Council - 11/06/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 6, 1968 2:00 P. M. PRESENT: 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 City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Commissioner Roberts in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Meeting of October 28, and the Regular Meeting of October 30, 1968, were approved as submitted to the Council. Mayor Blackmon recognized members of the Student Council of Incarnate Word Academy and read and presented Certificates of Attendance to Mary Alyce Stillman, Pat Faubion, Ann Hoban, Gaila Reyna, Edna De Los Santos, and Nancy Maresh. Their sponsor, Sister Caroline, attended the meeting with them. Mayor Blackmon read and presented proclamations relative to the following: POPPY DAYS, November 8th and 9th, 1968, in recognition of the American Legion and its Auxiliaries of the United States who sell poppies on these days to raise funds for the benefit of disabled and needy Veterans and the widows and orphans of deceased Veterans, received by Mrs. Helen Munson, Miss Karen Kubala and Miss Brenda Dvoracek; VETERANS DAY, Monday, November 11, 1968, honoring those who have borne the burden of defending with arms our freedom, dedicated to the cause of world peace, received by Col. Nels Soderholm and Paul R. Zimmerman. Col. Soderholm invited the public to the Veteran's Day Service to be held in Sherrill Park, Monday November 11, 1968, from 11:00a.m. to 12:00 Noon . Commissioner Roberts will attend as representative of the Council and read the proclamation. • • Minutes Regular Council Meeting November 6, 1968 Page 2 Mayor Blackmon stated that Vicente Zarazua, one of the members of the Tennis doubles team in the recent Olympics, had won a Gold Medal for his country of Mexico. Mr. Zarazua is a student at the University of Corpus Christi, and will be presented a Certificate of Commen- dation on Thursday night at the dedication ceremonies at Moody Sustainers Field on the campus of UCC. Mayor Blackmon recognized Mr. D. H. Joos of the Downtown Businessmen's Association, who in turn introduced Mr. Tony Murphy and Mr. Charlie Manning. Mr. Murphy read to the Council a Resolution requesting the Council to provide free parking, controlled by meter maids with tire markers, for the downtown area from the day after Thanksgiving until January 1, 1969. City Manager Townsend requested that Mr. McLeroy, Traffic Engineering Director, and the Traffic Safety Advisory Board make a recommendation to the Council. Mayor Blackmon announced the pending zoning Application 0868-12, Seabrook Development Company and the City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District and "B-1" Neighborhood Business District, on a 11.5 acre portion of Tract 15-D, Paisley Subdivision. (Public Hearing 8/28/68) City Manager Townsend gave a brief backgound of the case for the benefit of the Council. Motion by Roberts, seconded by Sizemore, that the Council concur with the recommen- dation of the Planning Commission to approve the application as requested. Roberts, Sizemore, and Bradley voted "Aye"; McDaniel and Lozano voted "Nay"; Jimenez passed. Mayor Blackmon referred the application back to workshop for further consideration. Mayor Blackmon announced pending zoning Application 01068-3, American Dividend Credit Corporation, Mr. Ben F. McDonald, Trustee, for change of zoning from "R -1B" One - family Dwelling District to "B-4" General Business District, on the West 10 feet of Lot 9, and all of Lots 10, 11, and 12, Block 35, Del Mar Addition. (Public Hearing 13/28/68) City Manager Townsend briefly explained the background on this zoning application for the benefit of the Council. • • Minutes Regular Council Meeting November 6, 1968 Page 3 Motion by Lozano, seconded by Sizemore, that the Council giant the requested zoning on Lots 11 and 12, and deny the zoning on Lot 10 and the west 10 feet of Lot 9. Lozano, Jimenez, and Sizemore voted "Aye"; Roberts and McDaniel voted "Nay". Mr. Bradley has disqualified himself since he is a stockholder in the firm. Motion by Roberts, seconded by McDaniel that the Council deny the application for change in zoning. The motion failed and was referred back to Workshop for further consideration. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Jimenez and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a, That the engineering contract with Reagan and McCaughan be amended to include the woter main from the City limits at Laguna Madre to the east bank of the Intercoastal Canal, and appropriating $256,800 to cover the cost, be authorized; b. That the time schedule of one-way streets for Hamlin Street from Pope Drive to Peerman Place and Fort Worth Street from Catalina Place to Driftwood Place be changed to read from 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m. as recommended by the Traffic Safety Advisory Board, be approved;, c. That a contract for deferred improvements and for assurance of water service to Barataria Bay, Unit 3 of Padre Island Investment Corporation, be authorized; d. That the Purchasing Agent be authorized to take bids for the sale of an office building located at 902 East Port Avenue. The City acquired the building through a tax sale. It is a corrugated iron office building, located on land owned by the Navigation District and should be removed. e. That bids be received on November 26 for 20,200 feet of various sizes of fire hose as provided in the 1968-69 budget; f. That the date of November 25, 1968, be set for a public hearing on four zoning cases; g. That the action of the Purchasing Agent to defer receipt of bids on Motor Vehicles to November 12, be ratified; • • Minutes Regular Council Meeting November 6, 1968 Page 4 h. That bids be received on an oil and gas lease for 78 parcels of City property located between the Ship Channel and Morgan Street and between Corpus Christi Bay and two miles west of the Bay, totaling 130,268 acres; i. That permission be granted to Terry L. Bond to stencil house numbers on curbs, after first obtaining written authorization, stipulating the cost, from the property owner. SECOND READING OF AN ORDINANCE GRANTING A FRANCHISE TO HUMBLE PIPE LINE COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A CERTAIN SIX-INCH (6") PETROLEUM PRODUCTS (INCLUDING CRUDE OIL AND GAS) PIPELINE WITHIN THE SPECIFICALLY DESIGNATED LOCATIONS, BENEATH, ALONG, AND ACROSS THE EASTERN LINE OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT PROPERTY AND ACROSS HOPKINS ROAD (ACME ROAD), AGNES STREET (S. H. 44), MCMULLEN ROAD (KOSAR ROAD), OLD BROWNSVILLE ROAD (F.M. 665), HOLLY ROAD, WOOLRIDGE ROAD AND UNDER AND ALONG RODD FIELD ROAD (S. H. 357), FOR THE TRANSPORTATION OF LIQUID PETROLEUM PRODUCTS, INCLUDING CRUDE OIL AND GAS; SETTING FORTH THE TERMS OF SAID FRANCHISE; PROVIDING FOR FORFEITURE OF FRANCHISE UNDER CERTAIN CONDITIONS; PROVIDING FOR PUBLI- CATION; AND SETTING FORTH OTHER PROVISIONS PERTAINING TO SAID FRANCHISE. 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. 9111 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION PROVIDING FOR THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN PADRE ISLAND - CORPUS CHRISTI, BARATERIA BAY, UNIT 3, ON OR BEFORE NO- VEMBER 1, 1976, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; 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. 9112 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING FOR THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY", BEING ORDINANCE NO. 8127, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 3, 1966, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (e); PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; 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". • • Minutes Regular Council Meeting November 6, 1968 Page 5 ORDINANCE NO. 9113 AMENDING SECTION 21-153, SUBSECTION (a), OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING ITEM 36(1), HAMLIN STREET, FROM POPE DRIVE TO PEERMAN PLACE; AND BY AMENDING ITEM 36(2), FORT WORTH STREET, FROM CATALINA PLACE TO DRIFTWOOD PLACE, -50 AS TO PROVIDE ONE-WAY DESIGNATION ON THE AFORESAID STREETS, WITHIN THE LIMITS SET FORTH, BETWEEN 8:OOA.M. AND 9:OOA.M., AND BETWEEN 2:00 P.M. AND 4:00 P,M.; PROVIDING FOR PUBLICATION; 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. 9114 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 MODERN HOME SUPPLY CO., INC., BY GRANTING A SPECIAL PERMIT ON THAT PORTION OF LOT A WHICH 15 ZONED "A-2", BYRON WILLIS SUBDIVISION IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR COVERED STORAGE FACILITIES FOR LUMBER AND BUILDING SUPPLIES ACCORDING TO A SITE PLAN APPROVED BY THE PLANNING STAFF, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Lozano, McDaniel and Roberts, present and voting "Aye"; Jimenez voted "Nay". ORDINANCE NO. 9115 AUTHORIZING THE ACCEPTANCE OF THE PROPOSAL OF AMENDMENT OF THE ENGINEERING CONTRACT WITH REAGAN AND MCCAUGHAN, DATED NOVEMBER 20, 1967, AUTHORIZED BY ORDINANCE NO. 8655, SO AS TO INCLUDE ENGINEERING SERVICES FOR THE PADRE ISLAND - LAGUNA MADRE WATER MAIN CROSSING FROM THE CITY LIMITS TO THE EAST RIGHT OF WAY OF THE INTRACOASTAL CANAL AND THE CONSTRUCTION AND INSTALLATION OF ONE (1) M.G. ELEVATED WATER TANK IN FLOUR BLUFF, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL OF THE SAID REAGAN AND MCCAUGHAN, DATED OCTOBER 25, 1968, A COPY OF WHICH PROPOSAL IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING THE SUM OF $167,000 OUT OF NO. 102 GENERAL FUNDS UNALLOCATED FOR THE PURPOSE OF TRANSFERRING SAID AMOUNT TO NO. 202 WATER SYSTEM BOND FUNDS; AND APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND THE SUM OF $256,800 FOR ENGINEERING FEES AND CONTINGENCIES; 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". • Minutes Regular Council Meeting November 6, 1968 Page 6 Mayor Blackmon recessed the meeting at 2:55 p.m. and stated that at 3:00 p.m. the Cable Television hearing would begin. Mayor Blackmon reconvened the meeting and announced the public hearing for Cable Television. He stated that the purpose of this hearing was to determine if there is a public need for desirability for cable television in Corpus Christi; and the reason the City is involved is, that this, type of operation will involve a line of cable either above or under the ground, and the City will have to grant permission. Mr. W. C. Cunningham, President of Castel Corporation, and one of the applicants, spoke in favor of Cable television, and stated that he would relinquish his time until later in the meeting. Mr. Marshall Weaver, former broadcaster for Channel 111, stated that he had become auite familiar with the advantages and disadvantages of cable television, and could take a more educated view from the public standpoint. He represented Mr, Jack Ryan, Mr. Clint Murchison, Mr. Gordon McLendon, and Time - Life Broadcast, Inc. He stated that the group had applied for a cable television franchise. He stated the three television stations in the City are doing an excellent job, but are limited by the amount of time on the air by the networks they serve. He read a telegram from the people he represents stating several facts about cable television. Mr. Weaver also stated that only three television channels have been allowed in the Corpus Christi market; no others can be allocated; stations are limited as to what programming can be offered; and believes the public should make the • choice. There are 80 channels available on the television sets; and there are already 2500 CATV units in the United States with over 1,000 in Texas. There are several in our immediate area. Mr. Weaver presented the Council with TV Logs of programming from San Antonio and Houston with programs marked that cannot be received locally. He also stated that both of these cities have an educational station. He believes the people should be able to make the choice of having cable television or not, but remarked that a cable television franchise would not in any way affect the regular television stations. Commissioner Lozano disqualified himself from voting on this matter as he is the General Manager of a local radio station and a stockholder in a local TV station. • • Minutes Regular Council Meeting November 6, 1968 Page 7 Mr. Allan Williford, retired, and a tax payer of ten years, stated that a franchise would authorize -competition in the music and education field that it does not now have. It would be at no expense to the City, but believes a choice should be left to the public. Mr. Ed Harte, a franchise applicant, and publisher of the Corpus Christi Caller - Times, seconded Mr. Weaver's comments on cable television. Commander Feher, retired Naval officer now in business in the City, believes the citizens should make the choice on cable television. He does not feel businesses will be hurt by the lack of commercials. Commander Jim Gitlin stated he felt that the public was entitled to a wider choice of viewing, and cable television might be an opportunity for the public to obtain this. Mr. Ben Eshleman, 43 Hewit Place; Carlos Anderson; Mrs. Jimmie King; George Farenthold; Jim Fleming; R. M. Macias; Mrs. Gitlin; Mrs. Jane Flato; Mrs. Feher; Mrs. McCullough; Jim Young; Mrs. B. D. Holt; Mrs. Sarah Lee Bell; Greg Roadhouse, 325 Aviation; and Mike McKinnon of. Channel 111, all favor cable television. Mr. Cunningham read statements from a 1965 Supreme Court case of the United States versus Southwest Cable Corporation. He stated there were 1,847 cable television stations, 758 franchised and 938 applications for additional stations. In Texas there are 132 operating systems serving 150,857 homes. Commander Gitlin questioned free service of cable television to hospitals, and was advised that community benefits are given to the City. Mr. John Simer, Channel 6, read a letter from T. Frank Smith, President, Gulf Coast Broadcasting Company, stating that the officers and Board of Directors of Channel 6 do not oppose anything good for the City of Corpus Christi, including CATV, if it is good. They believe rigid requirements are needed for this operation, as are the program services the applicants are prepared to give and quality of service to be provided. The opposition was lead by Vann Kennedy, General Manager of KZTV Channel 10 and KSIX Radio, who stated he was most gratified to see so many people interested in cable television as it effects all our lives. He stated that CATV is an important and attractive ser- vice that should be made available to all people as intended by Congress, but free of charge. • • Minutes Regular Council Meeting November 6, 1968 Page 8 Mr. Cecil Burney, Attorney, explained some Court rulings on the FCC's authority to establish rules and regulations governing CATV, the responsibility of the Commission, and ways in which the applications are presented. The problem of CATV is not in the competition, but the effect that it might have on free or public television, That is the reason rigid rules and regulations must be forthcoming. Mr. Leon Bernsen read a letter from the Farm Bureau stating their opposition to CATV, because of the remoteness of the farmers and no advantages to them. Mr. J. H. West, Mayor of Bishop, stated CATV is of vital concern to the smaller towns because of the effect it might have on interrupting their normal viewing reception. He stated that the smaller towns might not be able to have this service of CATV, and even though the programming could be improved, he is afraid that the reception will be interrupted more instead of improving as time passes. Mr. A. C. Lloyd,, Jr., of KRYS, stated he was quite impressed with some of the individuals who were for the CATV. He complimented Mr. Weaver's statements, believes Mr. Harte will benefit no matter what decision is made. He believes that CATV will cause a fragmentation of both radio and TV programs to the detriment of both, and therefore hopes the Council will see fit to oppose the applications. Mr. Bruce Collins, Jr., President of the Corpus Christi Hotel -Motel Association, feels that Corpus Christi is well served by the television stations located here. All three networks are represented and no additional problems are needed. Mrs. Blanche Alsup, Manager of one of the local motels, stated that it would be almost impossible for the motel owners to make CATV available to all the people who are their customers. Mr. Hector de Pena stated that he and Mr. C. V. Guzman would like to oppose cable television. They feel that any action at this time is premature from the standpoint that manyrof the angles of this new industry have not been clarified, and also that CATV is under study by the FCC as to the possibility of re-evaluating regulations. He cannot help but consider the citizens who might think they are in favor, but have not considered that the applications would affect the economic Factors of the local television stations. • Minutes Regular Council Meeting November 6, 1968 Page 9 Mr. Bob Cutting, of San Antonio, formerly a resident of the City,, representing Mr. Cal Goode and KZFM Radio Station, stated that there are six FM stations in the Corpus Christi zone„ and they contribute one-quarter of a million dollars per year to the economy oi Corpus Christi and only lose $42000 per year until they can grow enough to Sake care of themselves. CATV will offer additional services, but will have a bearing on the income of the broadcasting interests and retail businesses. Mr. Abel Chapa, representing Art Thomas, General Manager of KUNO Radio Station, but also a private citizen, stated hewas opposed to cable television. He believes it is highly -niikely that CATV will provide the programs wanted. He discussed a land report of one -air to wired TV. Mr. Bruce Collins, Sr., representing Corpus Christi Theatres, stated more thought should be given to the granting of a permit. He believes the citizens should be informed as to what it might entail, that it will effect the economy of the downtown areas. Mr. Bob Chapman, also representing the Corpus Christi Theatres, seconded the statements by Mr. Collins. Mr. Ed Sturm, Radio Station KEYS, stated that the FCC has a very frustrating problem in trying to regulate CATV, and believes the City would be hasty in reaching any decision until policies have been set forth. Mr. Andrew Cook, Radio Station KINE, Kingsville, also feels that a decision would be premature at this time. Mr. Pete Watkins stated an examination should be made of programs to be offered and the impact of this on local programming. Mr.. Gene Looper, of KZTV, pointed out the programs seen in San Antonio, not seen here, which totaled 14, were mostly of local interest to San Antonio. This comparison wos on CBS, but he stated that ABC and NBC were comparatively the same. He compared the local programming with network programming timewise. The point he was emphasizing was that very few programs would be received not now being received and some of those were not very desirable. • Minutes Regular Council Meeting November 6, 1968 Page 10 Mr. Charles Manning, also of KSIX and KZTV, feels that the hearing is the American way to come to a conclusion. He stated that an educational channel could be used; would be all that CATV offers, but would be free. Mr. Kennedy, in closing, summarized all the various points that had been raised by the different representatives. He stated that one broadcasting station could easily serve the whole United State,. He also stated that the Council has the capability of completely destroying the value of broadcasting and is also a reason why the FCC is working on all the problems. He is not primarily concerned about how much profit the broadcasting stations are making, but about service to the public. He also stated that more people receive their news by television than any other medium. It is one thing to franchise a business which is a necessity, but it is another matter to license or franchise a private enterprise using public utilities, and therefore, he does not believe CATV is needed in this area. Mr. Harry Pinson, private citizen, stated he is opposed to CATV because he doe,. not think there is a need for it and the money spent for CATV could be spent locally j,,ra as well. Miss Dorothy Stanich stated that she writes a newspaper column for independent critics, and does not speak for Mr. Harte nor does he speak for her. Mr. Cunningham stated that the problems with the Tyler Radio Station began wsth its operation in 1952, and Cable Television was begun in 1954, under FCC. It would rc; be surviving today though if it were not profitable. He also stated that in Colorado Springs, Colorado, the FCC is being sued by the broadcaster, not CATV. He introduced Mr. Robert Clark, from Colorado Springs, to confirm this statement. Mr. Edmond Ford, Attorney for Mr. Cunningham, explained some of the legal paint, which had been raised. He stated that it is the law of the land that all television including CATV is under the jurisdiction of the FCC for regulations. He stated that he would distrihute to the Council a summary of the FCC regulations on CATV. Also there can be no duplications of programming of the local stations with minor exceptions on the same day. This is a pro- tection for the people. He commended on the electric magnetic band, one of our natural • Minutes Regular Council Meeting November 6, 1968 Page 11 resources, which carries air waves. Someone must make a decision on the allocationof this band. He stated two questions: does the public want it, and will you allow the necessary use to be made of your easement for the authorization of the television stations. Mr. Weaver, questioned about his changing from against CATV to for CATV, replied that when he was the local TV channel, it was the policy of the Channel to opposed CATV. Mayor Blackmon questioned if any radio or television stations had gone out of business when cable television was franchised. He was advised by Mr. Kennedy that many had become mere satellite stations. Economic problems were the cause. Mr. Ford stated he will submit to the Council what the gross intake and net after expenses are for CATV stations. Also he does not believe that television now is free, and would appreciate a chance to see what costs are out of any City. Mayor Blackmon stated that he would prefer to have written communication from anyone interested so that no misunderstandings will take place. This will become a permanent part of the file, and is available for further reference. Motion by Roberts, seconded by McDaniel and passed, that the hearing be closed. There being no further business to come before the Council, the meeting was adjourned.