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HomeMy WebLinkAboutMinutes City Council - 02/19/1969PRESENT: Mayor Jack R. Blackmon Commissioners: Dick Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 19, 1969 2:00 P, M. City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meetinb to order. The Invocation was given by the Reverend Robert Freeman, Pastor of St. Paul the Apostle Catholic Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bradley, seconded by McDaniel and passed, that the absence of Mayor Pro Tem Sizemore and Commissioner Roberts be excused for cause. The Minutes of the Regular Meeting of February 12, 1969, were approved as furnished to the Council. Mayor Blackmon recognized members of the Student Councils of Cullen Junior High School and Robert Driscoll Junior High School, and presented Certificates of Attendance to: Susie Hutchinson, Phil Kurzner, Shelley Fischer, Terri Wagner, Karen Rogers, Mike Grossman, and Betty Ekstrom, of Cullen School; and to: Patsy Pompa, Lolly Buentello, Rosalinda. Guerra, Radney Carrington, Debbie Sheller and Jo Nell Russell, of Driscoll Schoojs. The Cullen students were accompanied by their Sponsor, Mr. Leroy DeHaven, and the Driscoll students were accompanied by their Sponsor, Mrs. Margaret Youngman. Mayor Blackmon read and presented a proclamation designating the month of February 1969, as AMERICAN HISTORY MONTH, and urged citizens of the community to observe with appropriate ceremonies and related activities; received by Mrs. Jennings, Regent of the Daughters of the American Republic. Mayor Blackmon presented for nomination for appointment to fill a vacancy on the Traffic Safety Advisory Board, Mr. Morris S. Winkle, Jr. • • • Minutes Regular Council Meeting February 19, 1969 Page 2 Motion by Bradley, seconded by Lozano and passed, that the foregoing nomination be confirmed and approved. Motion by Lozano, seconded by Jimenez and passed, that Mr. William Holmes, Mr. Lew Borden, and Mrs. Ken McCaleb, be re -appointed to serve two-year terms on the Marina Board. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "o", be accepted, with Commissioner Jimenez voting "Nay" on Item "g", and that the recommendations and requests be approved and granted as follows: a. That the authority to advertise for bids to be received March 4, 1969, for three 4" submersible sewage pumps to be used to pump down the Westside Sewage Treat- ment Plant wet wells for the plant repairs, be approved; b. That the bid award on One 6" Diesel Powered Well Pump complete with centrifugal pump, vacuum pump, power unit, trailer mounted, for $4, 170.00, and Sixty 2" Well Points, self -jetting, for $1,170.00, be made to Griffin Wellpoint Corporation for a total amount of $5,340.00, on the basis of low bid meeting specifi- cations; (Bid Tabulation 04-69) c. That the Tax Error and Correction List for the months of August, September, and October, 1968, providing a net decrease of $920 to the 1968 levy, $5,318 decrease to prior years' levies, and $371 decrease to the Water District levies, be approved; d. That the authority to continue to Alameda Junction the street lighting spacing approved for Ocean Drive from Hewit to Airline, involving 60 standards with two 20,000 lumen lights per standard at a monthly charge of $465, be granted; e. That the authority to execute the bill of sale and assignment of easements involved in the transfer of the Humble pipeline facilities extending from the intersection of Holly and Rodd Field Roads to the point north of Texas Mexican Railway Company Railroad Right of Way, be granted; • • Minutes Regular Council Meeting February 19, 1969 Page 3 f. That the itinerant vendors ordinance be amended basically to exclude sales at locally sponsored exhibitions and to limit leases to one location in any 30 -day period and require leases to include considerations; (See Ordinance No. 9250) g. That an appropriation in the amount of $5,000 out of the Park Trust Funds be transferred to Activity No. 4122, Code 502, for drainage work and field improve- ments at Jaycee Field in Lindale Park, be approved; h. That the authority to advertise for bids to be received on March 12, 1969, for a 12" water main with an alternate bid on an 8" line, from the County Park to the National Seashore, be granted; i. That the date of March 25, 1969, or the alternate date of April 2, 1969, be set for the sale of the following bonds: Airport Improvements, $1,300,000; Sanitary Sewers, $200,000; Storm Sewers, $275,000; Street, $1,655,000; Water Revenue, $3,77504 for a total sum of bond sale $7,205,000; j. That the positions of First Assistant Public Works Director and Second Assistant Public Works Director be created in the unclassified service, and that the grade position of Production Superintendent be changed from Grade 31 to Grade 33; k. That the appointment of James K. Lontos as First Assistant Public Works Director, be approved; I. That the authority to take steps to annex all of the submerged land South of the present boundary of the City Limits which crosses Nueces Bay from a point on the South Shore of Nueces Bay North of the Turning Basin to a point near Tule Lake South of the mouth of the Nueces River, and the School property at Cabaniss Field, located on Saratoga Boulevard; the Allison Sewage Treatment Plant property, located on McKenzie Road; and the Westside Sewage Treatment Plant property, located on Saratoga Boulevard, by setting the date of March 5, 1969, 2:00 p.m., for a public hearing, and directing the City Secretary to public notice of such hearing, be granted; m. That Change Order No. 1, applicable to Unit III of Ocean Drive Improve- ments, from Hewit to Airline Road, in an estimated amount of $12,600, and Change Order No. 1, applicable to Unit IV of Ocean Drive. Improvements, from Airline Road • • Minutes Regular Council Meeting February 19, 1969 Page 4 to Alameda, in an estimated amount of $58,320, for the purpose of modifying the seawall and for additional hydraulic fill required for such improvements, be authorized; n. That a resolution expressing support of the City Council for the proposed Texas Library Systems Act, and expressing the desire that the Sixty -First Texas Legis- lature enact a bill to strengthen libraries in Texas, be approved;(Resolution No. 9247) o. That an appropriation in the amount of $5,220 representing the City's one- third share of the maximum cost of studies of three additional sites for the proposed Governmental Center by the Associated Architects, originally authorized by Ordinance No. 9185, be approved. Mayor Blackmon announced the pending item of Application 01068-12, Father Gregory Deane, Trustee, for change of zoning from "R -1B" One -family Dwelling Dwelling District to "A-2" Apartment House District, on Lots 2, 3, and the Northwest half of Lot 4, Block 2, Southland Estates, on which a public hearing was held November 25, 1968, and explained that because of the differences of opinion indicated in workshop meetings, and because of the 20 percent rule which is in effect, denial would be inevitable if voted on today,inasmuch as only five members of the Council are present, and stated that he would favor deferring action on the application until all of the Council could be present. Commissioner Jimenez reported that he had been contacted by the applicant at 11:00 a.m., this date, requesting that the Council dispose of the matter one way or the other today, as they do not wish to wait another two or three weeks for a decision. Mayor Blackmon stated that the applicant was at liberty to withdraw the request, but that the delay was only to afford all members of the Council an opportunity to cast a vote giving the applicant every advantage of a seven -member decision. Motion by Lozono, seconded by Bradley and passed, with Jimenez voting "Nay", that the foregoing request for zoning change be further deferred until all members of the Council are present. • • Minutes Regular Council Meeting February 19, 1969 Page 5 ORDINANCE NO. 9241 APPROPRIATING AND REAPPROPRIATING THE SUM OF $5,000 OUT OF PARK TRUST FUNDS, LINDALE PARK, FOR TRANSFER TO ACTIVITY NO. 4122, CODE 502, FOR IMPROVEMENT OF DRAINAGE AT JAYCEE FIELD IN LINDALE PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9242 AUTHORIZING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN ASSIGNMENT OF EASEMENTS, CONVEYANCE OF FEE LAND, AND A BILL OF SALE AND ACCOMPANYING DOCUMENTS FOR THE TRANSFER TO THE CITY OF PIPELINE FACILITIES, FROM HUMBLE PIPELINE COMPANY, CONCERNING A CERTAIN PIPELINE EXTENDING FROM THE INTER- SECTION OF HOLLY AND RODD FIELD ROADS TO THE POINT NORTH OF TEXAS MEXICAN RAILWAY COMPANY RAILROAD RIGHT OF WAY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9243 APPROPRIATING AND REAPPROPRIATING FROM NO. 102 GENERAL FUND THE SUM OF $5,220 FOR THE CITY'S ONE-THIRD SHARE OF THE MAXIMUM COST OF STUDIES OF THREE ADDITIONAL SITES FOR THE PROPOSED GOVERNMENTAL CENTER BY THE ASSOCIATED ARCHITECTS ORIGINALLY AUTHORIZED BY ORDINANCE NO. 9185; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9244 AMENDING ORDINANCE NO. 9143, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 27, 1968, ENTITLED "CLOSING THE HEARING ON STREET IMPROVE- MENTS FOR OCEAN DRIVE FROM HEWIT DRIVE TO AIRLINE ROAD, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT; FIXING A CHANGE AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY", BY AMENDING THE ASSESSMENT ROLL AS TO CERTAIN ITEMS OF PROPERTY FRONTING ON OCEAN DRIVE AND AUTHORIZING RETURN OF ANY AMOUNTS PREVIOUSLY PAID IN EXCESS OF THE CORRECTED ASSESSMENT AS HEREINAFTER REFLECTED; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting February 19, 1969 Page 6 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9245 AMENDING ORDINANCE NO, 8632, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 18, 1967, ENTITLED "CLOSING THE HEARING ON STREET IMPROVEMENTS FOR OCEAN DRIVE FROM CRAIG TO HEWIT DRIVE, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT; FIXING A CHARGE AND LIEN, PROVIDING FOR ASSIGNABLE CERTIFICATES, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY" BY AMENDING THE ASSESSMENT ROLL AS TO CERTAIN ITEMS OF PROPERTY FRONTING ON OCEAN DRIVE AND AUTHORIZING RETURN OF ANY AMOUNTS PREVIOUSLY PAID IN EXCESS OF THE CORRECTED ASSESSMENT AS HEREINAFTER REFLECTED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9246 AUTHORIZING THE ISSUANCE OF CHANGE ORDER NO. 1, APPLICABLE TO UNIT III OF OCEAN DRIVE IMPROVEMENTS, FROM HEWIT TO AIRLINE ROAD, IN THE ESTIMATED AMOUNT OF $12,600, AND CHANGE ORDER NO. 1, APPLICABLE TO UNIT IV OF OCEAN DRIVE IMPROVEMENTS, FROM AIRLINE ROAD TO ALAMEDA, IN THE ESTIMATED AMOUNT OF $58,320, SAID CHANGE ORDERS BEING APPLICABLE TO PROJECT NO. 220-67-97 AND ISSUED FOR THE PURPOSE OF MODIFYING A SEAWALL AND FOR ADDITIONAL HYDRAULIC FILL REQUIRED FOR OCEAN DRIVE IMPROVEMENTS, WHICH SUM OF $58,320 IS HEREBY APPROPRIATED FROM NO. 220 STREET BOND FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Lozano, and McDaniel, voting "Aye"; Jimenez voting "Nay"; Sizemore and Roberts were absent. Commissioner Jimenez explained that he voted "Nay" on the foregoing ordinance (9246) for the reason that he did not approve of the Council's action diverting funds that might be used on other undeveloped streets and parks in the City for the purpose stated in the ordinance. Minutes Regular Council Meeting February 19, 1969 Page 7 RESOLUTION NO. 9247 • EXPRESSING THE SUPPORT OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI FOR THE PROPOSED TEXAS LIBRARY SYSTEMS ACT, AND EXPRESSING THE DESIRE THAT THE SIXTY-FIRST TEXAS LEGISLATURE ENACT A BILL TO STRENGTHEN LIBRARIES IN TEXAS. The Charter Rule was suspended and the foregoing resolution wos passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9248 AMENDING ORDINANCE NO. 9222, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 5, 1969, ENTITLED "CLOSING THE HEARING ON STREET IMPROVEMENTS FOR OCEAN DRIVE FROM AIRLINE ROAD TO ALAMEDA, AND FINDING AND DETER- MINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT: FIXING A CHARGE. AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION: AND DECLARING AN EMERGENCY" BY AMENDING THE ASSESSMENT ROLL AS TO CERTAIN ITEMS OF PROPERTY FRONTING ON OCEAN DRIVE AND AUTHORIZING RETURN OF ANY AMOUNTS PREVIOUSLY PAID IN EXCESS OF THE CORRECTED ASSESSMENT AS HEREINAFTER REFLECTED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9249 AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (b), BY CREATING THE POSITIONS OF FIRST ASSISTANT PUBLIC WORKS DIRECTOR AND SECOND ASSISTANT PUBLIC WORKS DIRECTOR, IN THE UNCLASSIFIED SERVICE, AND CHANGING THE GRADE POSITION OF PRODUCTION SUPERINTENDENT FROM GRADE 31 TO GRADE 33; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Sizemore and Roberts were absent. ORDINANCE NO. 9250 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED 50 AS TO REDEFINE THE WORD "TEMPORARY" AND SO AS TO EXEMPT CERTAIN LOCALLY SPONSORED EXHIBITIONS AND SALES FROM THE PROVISIONS OF ARTICLE 26, AS AMENDED; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting February 19, 1969 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Bradley, Jimenez, Lozano, and McDaniel, present and voting "Aye"; Sizemore and. Roberts were absent. Following a brief recess, Mayor Blackmon reconvened the meeting and announced the public hearing on Application #169-7, Humble Oil and Refining Company, for change of zoning from "R -1B" One -family Dwelling District to "1-3" Heavy Industrial District on a 2.70 -acre tract of land out of Lot 15, Section 55, Flour Bluff and Encina) Farm and Garden Tracts, located at 333 Graham Road. Senior City Planner Larry Wenger located the property on the map; pointed out the zoning and land use of the surrounding area; explained that at the Commission hearing held January 21, 1969, Mr. W. J. Barrett, Operations Manager of the South Texas Division of Humble Oil Company, spoke and explained that his company has a contract to purchase the property, and that the request is to enable the company to construct gas compressors and other gas handling and processing facilities for recycling operations, and for the expansion of the present facilities located on adjacent property. Mr. Wenger stated that one person had appeared at the hearing in opposition on the basis that he felt the noise and vibration from the compressors would be a nuisance to nearby residents, and that the subject property does not drain properly. Mr. Wenger stated the Staff had mailed 10 notices prior to the hearing, received two in favor and two in opposition; that it was the recommen- dation of the Planning Commission that the request be approved, and that the Staff had concurred in the recommendation. Mr. R. C. McCarty, attorney for the Humble Oil and Refining Company, spoke on behalf of the applicant and described the type of facilities they propose to construct, and stated that the facilities will be automatically controlled and will be equipped with the newest safety devices which would be less dangerous and noisy than the existing operations, and that there will be no processing or storage facilities on the premises. Mr. Jesse H. Bond, 1533 Humble Road, appeared and spoke in opposition, explaining that he is an employee of the Humble Oil Company and has been for over 33 years, and pointed out that others living in the area are also employees of Humble • Minutes Regular Council Meeting February 19, 1969 Page 9 and are reluctant to oppose the requested zoning because of their association with the applicant; described the location of his property as being directly across from the subject property, and stated that he was opposed to the proposed expansion on the basis that he felt the vibration, noise and gases, would be a nuisance and a fire hazard to the residents and would adversely affect values. He Further explained that the Humble Company had purchased all property which borders onto the residential property; pointed out on the map other locations which would have been, in his opinion, more suitable for this type operations, and stated that the residents could not be sure that the requested "1-3" zoning would not allow for other undesirable uses in the future. Others appearing and speaking in opposition generally on the basis as described by Mr. Bond, were Mrs. R. L. Carter, 1533 Fifth Street; Mr. A. C. Chapman, 335 Graham Rood, and Mrs. E. W. Pennington, 331 Graham Road. Mr. Bob Ray pointed out on the map the location of the existing pipelines in the area; explained pressures being used on existing lines and proposed lines; stated the entire facility is designed according to the Pipeline Code which is very rigid; stated that compressors they are using have no unbalanced motion and do not vibrate; will be equipped with hospital or residential type mufflers; that towers will be equipped with fans that blow off obnoxious gases; and that the foundation will be of massive concrete seven feet into the ground and two feet thick. He explained that they have a plan for the solution to the drainage problem whereby the water will be drained to Graham Road. Mr. McCarty stated that Mr. Bond and other residents had purchased their property and moved into the area with the knowledge that the subject operations were there; that the Humble Company had considered other alternatives as to a suitable location and had come to the conclusion that this is the only logical economically feasible place on which to locate, and that they do not feel all the expected problems will ever arise. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Bradley, seconded by Jimenez and passed, that the foregoing application be tabled for further consideration of whether or not the 20 percent rule is in effect. • Minutes Regular Council Meeting February 19, 1969 Page 10 Mayor Blackmon announced the public hearing on Application 0169-2, Dr. Calvin F. Wallace, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lot 19, Block 5, Gardendale Addition, located at 5425 South Staples Street. Larry Wenger presented the application and pointed out the zoning and land uses of the surrounding area; explained that at the Commission hearing held January 7, 1969, the applicant appeared on his own behalf and explained to the Commission that a veterinary clinic for the treatment of small animals was proposed for the property and that the building would be constructed according to requirements of the City Building Code with no open kennels of any type. Mr. Wenger stated that two other persons had appeared in favor of the application, and that no one had appeared in opposition; that the Staff reported that 14 notices were mailed, two received in favor and four in opposition; that it was the recommendation of the Planning Commission that the application be denied, but in lieu thereof, a Special Permit be granted for a veterinary clinic according to a site plan indicating a 40 -foot right of way from the centerline of South Staples Street to be approved by the Commission, and that the site plan was submitted and approved by the Commission at a meeting of January 21, 1969. Mr. Wenger stated that the Staff's recommendation was that it be denied, but in lieu a Special Permit be granted for the desired use according to a site plan. Mr. John Thomason, realtor, spoke in favor of the request stating that in his opinion this is an excellent location for a veterinary clinic as there are no other clinics of this type in the area; and it would be an asset to the neighborhood. He described the type of building as comparable to a law or doctor's office, completely airconditioned free from noise or odors. City Manager Townsend pointed out that South Staples Street is planned as a major thoroughfare according to the. City's Master Transportation Plan which requires a 100' right of way, and that the applicant had been made aware of the additional right of way needed before the plat was filed. • Minutes Regular Council Meeting February 19, 1969 Page 11 Dr. Calvin Wallace, applicant spoke on behalf of the application, and stated he was aware of the additional right of way needed for South Staples Street, and had provided for an extra ten foot setback to meet these requirements; stated that a Special Permit would be acceptable but would prefer to have the zoning change as requested, Mr. George Shaffer, attorney, spoke in favor of the request, stating that this area needs what Dr. Wallace proposes, and that he feels he should not be burdened with the Special Permit; and stated that if South Staples Street is to be widened to 100 feet it will be a tremendous thoroughfare. He further explained that the one objection which was filed has since been withdrawn. City Manager Townsend presented a petition signed by 65 property owners in Gardendale Addition, requesting that the Council approve the zoning for Dr. Wallace as requested, on the basis that they feel Dr. Wallace is unexcelled in his profession, a gentle- man of the highest caliber, and would be an asset to the neighborhood. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano that "B-4" General Business District zoning be approved, conditioned on the ten -foot setback requirement for right of way on South Staples Street. (The following motion took precedence over the foregoing.) Motion by McDaniel, seconded by Jimenez and passed, that the foregoing application be tabled for further consideration. There being no further business to come before the Council, the meeting was adjourned.