Loading...
HomeMy WebLinkAboutMinutes City Council - 10/15/1969• 0 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 15, 1969 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel Ronnie Sizemore Assistant City Manager Archie Walker City Attorney, I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Dr. Rudy Hernandez, Pastor of Primera Iglesia Bautista (Baptist) Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meetings of October 1 and October 8, and of the Special Meeting of October 6, 1969, were approved as submitted to the Council. Motion by Sizemore, seconded by Bradley and passed, that the absence of Commissioner Roberts be excused for cause. Mayor Blackmon proclaimed the week of October 19 - 25, 1969, as NATIONAL BUSINESS WOMEN'S WEEK in Corpus Christi, in recognition of the National Federation of Business and Professional Women's Clubs, Inc., observing its 50th Anniversary, and of the achievements of this organization, both National and local. Present to receive the proclamation were: Mrs. Tina Florey, President of the Downtown Business Womens' Club; Mrs. Alma McCrorey, Member; and Mrs. Vera Butts, President of Corpus Christi Business Womens' Club. In connection with the proclamation, Miss Bernetta Priour of Downtown Business and Professional Womens' Clubs, student of Miller High School, and trainee at Claudia's Flower Shop, presented the Council with one dozen red roses as a token of respect and appreciation. Mayor Blackmon called for the City Manager's Reports. a. (Deferred for discussion as separate item of City Manager's Reports. Minutes Regular Council Meeting October 15, 1969 Page 2 Motion by Bradley, seconded by Sizemore and passed, that the City Manager's Reports, Items "b" through "m" with Item "a" considered separately, be accepted, and that the requests and recommendations be granted and approved as follows: b. That a 5 -year contract with Padre Island Investment Corporation for 3 -mantle gas street lights with 200 -foot spacing, for Padre Island, be authorized, whereby Padre Island Investment Corporation will pay for the installation cost of approximately $83.00 per light and $1.90 per light per month for maintenance and operation, and the City to install the lights as distribution mains become available and are requested, with replace- ment to be at owner's expense; c. That the plans and specifications for the Molina Street Improvements be approved for transmittal to HUD, and that the authority to advertise for bids following approval by HUD, be granted. The project includes drainage and pavement of the following streets: (1) Elvira, Jose, Ramona, Valdez, and Yolanda from West Point to Bloomington (2) West Point from Bush to Columbia (3) Villareal from Elvira to Columbia (4) Bloomington from Barrera to Columbia (5) Theresa from Bloomington to Horne (6) Molina, Barrera, Angela, and Bush from Linda Vista to West Point Road (7) National from Angela to West Point (8) Columbia from Linda Vista to West Point (9) Linda Vista. from Bush to Columbia (10) Skinner from Jose to Valdez d. That the Tourist and Convention Development Fund Budget for 1969-70 be amended to reflect the following: Opening Balance Estimated Revenue Available Resources Original Budget Revised Budget ($14,000) $ 12,325 95,000 100,000 95,000 112,325 Code 301 -Chamber of Commerce $ 26,000 $ 35,000 Code 362 -Advertising 55,000 65,000 Code 460 -Other -0- 10,000 Total $ 81,000 $110,000 Closing Balance - Unappropriated $ -0- $ 2,325 • • Minutes Regular Council Meeting October 15, 1969 Page 3 e. That an agreement of the contract between the City and the Chamber of Commerce be extended from October 1, 1969, through September 30, 1970, for con- vention development and promotion not to exceed $35,000; (The 1968-69 contract provided a maximum cost of $36,000, and actual expenditures through Au4ust 31, 1969, were $24,744.10) f. That the date of November 17, 1969, at 3:00 p.m. Special Meeting, be set for public hearing on the appeal of Henry Ayala of Custom Ambulance Service from a 15 -day suspension of his permit to operate emergency ambulance service; g. That the award of a 5 -year contract': to Margie Bennett, 5721 Cordelia, based on the highest bid received for the Coliseum Concessions, be authorized, providing for 43% of gross sales on drinks, ice, peanuts, popcorn, cotton candy, snow cones, and similar items; 23% on food items; and 50% from subcontracts including vending machines, with the agreement that concessionaire provide a significant quantity of the equipment; (Bid Tabulation #27-69) h. That the sale of Lot 15, Block 6, Villa Gardens (510 Villa Drive) to Alex Chapa for $1,600, being the high bid resulting from the public auction, be authorized; i. That the authority to execute a contract to sell Lots 31 and 32, Block 11, Chamberlain Addition, to Bill Renfrow for $2,650, being the high bid resulting from the public auction, be granted; j. That acceptance and final payment of Estimate No. 5 in the amount of $33,793.55, representing the balance due the contractor, T. H. Lee, for completion of construction of Interceptor Sewer 34A, Section II to Lum Hart Road, be authorized; (Total work completed is $190,040.07 or $881.34 less than the contract award due to change orders) ko That acceptance and final payment of Estimate No. 6 in the amount of $10,884.52, representing the balance due the contractor, T. H. Lee, for completion of construction of Interceptor Sewers 31A and 31B, be authorized; (Total work completed was $1,583.73 over the original contract of $104,561.42 due to greater depths on 31B • Minutes Regular Council Meeting October 15, 1969 Page 4 and increased manhole heights along the creek waterway. This project concludes the federal assistance project which has received over $520,000 of federal aid for 7 projects with a total cost of approximately $1,740,000, excluding lines under 18") . I. That the plans and specifications for sidewalk improvements in portions of 15 streets within the City, be approved, and the authority to advertise for bids to be received November 5, 1969, be approved, which project includes the following streets: (1) Alameda Street, from Hancock to Agnes (2) Brownlee Boulevard, Buford to Agnes (3) Chico, Howard to Commanche (4) Howard, Chico to 19th (5) Clark, Norton to 150' east (6) Norton, Naples to Ramsey (7) Naples, Shely to Norton (8) McArdle Road, Rodd Field to Nile Drive (9) Ruth, 22nd to 25th (10) Santa Fe, Craig to Morgan (11) Weil Place (12) McArdle Road, Nesbitt to Johnston (13) Shirley Drive (14) Karen Drive (15) John Jones Park m, That the date of November 5, 1969, be set for a public hearing on the request to close all buffer zones, planting strips, walkways, alleys and easements in Lots 1 thru 10, Block "A" and Lots 1 thru 4, Block 3, Cooperdale Addition; a. Motion by Bradley, seconded by McDaniel and passed, that the recommen- dation of the City Manager that the City support the request of Western Metal Corporation and others, for a 90 burning -day variance to allow burning of the existing stockpile of old cars estimated to total over 10,000 on the premise that applicants will construct a shredder of 1500 ton capacity as soon as financing is available, and that a report of this action be filed with the Texas Air Control Board. Assistant City Manager Walker presented the following pending zoning cases, on which public hearings were held October 13, 1969: Application #969-3, Dr. W. H. Briscoe, for change of zoning on Lots 43 and 44, Block 814, Port Aransas Cliffs. • • Minutes Regular Council Meeting October 15, 1969 Page 5 Motion by Sizemore, seconded by de Ases and passed, that Application #969-3, Dr. W. H. Briscoe, for change of zoning from "R-2" Two-family Dwelling District and a Special Permit for a dance studio to "AB" Professional Office District, on Lots 43 and 44, Block 814, Port Aransas Cliffs, located at 3422 Alameda Street, be denied, but in lieu thereof, a Special Council Permit for the operation of dental offices be approved according to an acceptable site plan, and that an ordinance be brought forward effectu- ating the change. Application #969-2, The American National Red Cross, for change of zoning on Lots 27 and 28, Block 1003, Fitchue Place in Bay Terrace No. 2. Motion by Bradley, seconded by McDaniel and passed, that Application #969-2, The American National Red Cross, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District, on Lots 27 and 28, Block 1003, Fitchue Place, a Subdivision of a portion of Bay Terrace No. 2, located in the 1600 Block of 10th Street, be approved as requested, and that an ordinance be brought forward effectuating the change. ORDINANCE NO. 9513 AUTHORIZING THE CITY MANAGER TO CONVEY TO WILLIAM RENFROW THAT PROPERTY DESCRIBED AS LOTS 31 AND 32, BLOCK 11, CHAMBERLAIN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF THE CASH CONSIDERATION OF $2,650; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, and Sizemore, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9514 AUTHORIZING THE CITY MANAGER TO CONVEY TO ALEJANDRO CHAPA, JR., THAT PROPERTY DESCRIBED AS LOT 15, BLOCK 6, VILLA GARDENS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF THE CASH CONSIDERATION OF $1,600; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. • • Minutes Regular Council Meeting October 15, 1969 Page 6 ORDINANCE NO. 9515 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN EXTENSION AGREEMENT OF THE CONTRACT HERETOFORE ENTERED INTO BETWEEN THE CITY AND THE CORPUS CHRISTI CHAMBER OF COMMERCE FOR THE YEAR ENDING SEPTEMBER 30, 1969, FOR THE PRUPOSE OF PROMOTING ADDITIONAL CONVENTIONS AND TO BETTER SERVE THE CONVENTIONS WHICH ARE AND WILL BE SCHEDULED FOR CORPUS. CHRISTI, ALL AS MORE FULLY SET FORTH IN THE EXTENSION AGREEMENT, A COPY OF WHICH 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, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye'; Roberts was absent. ORDINANCE NO. 9516 AMENDING THE 1969-70 BUDGET BY REVISING THE TOURIST AND CONVENTION DEVELOPMENT FUND BUDGET TO REFLECT AN INCREASE IN ANTICIPATED EXPENDI- TURES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent, ORDINANCE NO. 9517 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 THE AMERICAN NATIONAL RED CROSS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 27 AND 28, BLOCK 1003, FITCHUE PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; 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, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. • • Minutes Regular Council Meeting October 15, 1969 Page 7 ORDINANCE NO, 9518 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 THE FRATERNAL ORDER OF EAGLES #2249 BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 5, BLOCK 2, LEXINGTON SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PRO- FESSIONAL OFFICE DISTRICT; 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, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye'; Roberts was absent. ORDINANCE NO. 9520 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF'THE CITY OF CORPUS CHRISTI,, TO ENTER INTO AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION FOR THE INSTALLATION OF GAS STREET LIGHTS ON AND ALONG Sl"REETS IN THE SUBDIVISION DEVELOPMENT BEING CONDUCTED BY THE PADRE ISLAND INVESTMENT CORPORATION ON PADRE ISLAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was sJspended and the foregoilg ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9521 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 DR. W. H. BRISCOE BY GRANTING A SPECIAL PERMIT FOR A DENTIST OFFICE SITUATED ON LOTS 43 AND 44, BLOCK 814, PORT ARANSAS CLIFFS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; 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, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. • • Minutes Regular Council Meeting October 15, 1969 Page 8 City Manager Archie Walker presented an ordinance adopting the National Electrical Code, 1968 Edition, read for the second time October 1, 1969, and passed to its third and final reading, and recommended amendments to Section 7-5A and the addition of a new Section 7-9. Motion by Sizemore, seconded by Bradley and passed, that Paragraph (A) of Section 7-5, be amended by moving the comma and adding the words "except in lighting circuits only.' Motion by Bradley, seconded by de Ases and passed, with McDaniel voting "Nay" that Chapter 7 be amended by adding a new Section, designated as Section 7-9, reading as follows: "Section 7-9: Commercial Buildings: All commercial buildings shall be wired in raceways." ORDINANCE NO, 9519 THIRD READING OF AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1968 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; REPEALING ORDINANCES IN CONFLICT AND PRO- VIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, and Sizemore, present and voting "Aye"; Roberts was absent. Following a conference with Director of Public Works Jack McDaniel, Assistant City Manager Archie Walker brought to the attention of the Council that further amend- ments should be made to the foregoing ordinance which had been inadvertently omitted prior to its third and final reading. Mayor Blackmon called for a motion to reconsider the foregoing ordinance No. 9519. Motion by Bradley, seconded by Sizemore and passed, that Ordinance No. 9519, adopting the National Electrical Code, 1968. Edition be reconsidered. Assistant City Manager Archie Walker presented the following proposed amendment to Section7-2: • • Minutes Regular Council Meeting October 15, 1969 Page 9 "Section 7-2: Rigid Metal Conduit: Amend Section 346-3 to hereafter read: 'All underground installations of single runs or grouped runs of approved rigid metal conduit shall be galvanized or aluminum conduit and shall be wrapped and coated with an approved waterproof preservative or encased on all exterior sides in (3") inches covering of concrete measured from the outside circumference of the conduit.'" Motion by McDaniel, seconded by Bradley and passed, that the foregoing amend- ment to Section 7-2 of Ordinance No. 9519, be adopted. Mr. Walker presented the following proposed amendment to Section7-4 of Ordinance No. 9519: That Section 7-4 be deleted and all succeeding sections be renumbered accordingly. Motion by Bradley, seconded by de Ases and passed, that the foregoing amendment be approved, and that Section 7-4 be deleted and that all succeeding Sections be renumbered accordingly. ORDINANCE NO. 9519 THIRD READING OF AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1968 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; REPEALING ORDINANCES IN CONFLICT AND PRO- VIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, and Sizemore, present and voting "Aye"; Roberts was absent. Mayor Pro Tem Lozano read a prepared statement calling for a reconsideration of a proposed ordinance which was rejected by a split vote of the Council at a workshop meeting Monday of this week, which ordinance, in effect, would have amended the City's bidding specifications to require an affidavit from the supplier that they are Equal Opportunity Employers. (Council Exhibit 010-69) In the statement, Mr. Lozano stated that he felt that the matter was acted' upon prematurely which he felt was substantiated by the split vote; stated that they were "shortchanged" in information by being pressed for a decision, and specifically since Commissioner de Ases had made a motion that the • • Minutes Regular Council Meeting October 15, 1969 Page 10 matter be tabled for further discussion when the City Manager returns to the City, and because there is expected to be a report forthcoming from the Human Relations Commission on a study being conducted by them as to the desirability of such an ordinance. Mr. Lozano stated that he is not convinced that the City Government itself is an Equal Opportunity Employer, and that he feels the ordinance passed in 1960 declaring the City Government as an Equal Opportunity Employer was merely "lip service" to satisfy a prerequisite by the Federal Government so as to be eligible as a City participating in grants and matched fund programs. He stated that since the action Monday he had had numerous calls from citizens an the subject. Mayor Blackmon stated as a matter ot correction, that Commissioner Sizemore had made the motion to table the matter ot passing such an ordinance rather than Commissioner de Ases as was stated by Commissioner Lozano, and that the motion did not carry. He stated he is not in any way aware of any situation where the City is not an Equal Opportunity Employer within the law, and asked Mr. Lozano to produce any intormation as to the contrary which would substantiate his atatement that the City Government is not an Equal Opportunity Employer. He further stated that he feels what the majority of the Council had indicated was that a "mountain is being made out ot a molehill"; that he does not feel the Council should become embroiled in the matter which was preempted by the Federal Government, or become involved in this law which is a field in which there would be continual mis- understandings and arguments; and should not become involved in trying to determine whether or not the City is going to amend the bid specifications to require bidders and suppliers to turnish an affidavit certifying themselves as an Equal Opportunity Employer. He further stated that the matter had been thoroughly studied and discussed, and that it had been decided by a majority of the Council that the bid specifications would not be changed; that at any time this Council has sufficient votes to pass such an ordinance he would not prevent it from being voted on. • Minutes Regular Council Meeting October 15, 1969 Page 11 Commissioner de Ases stated that he had advanced the idea of the ordinance, and that only a person who had not experienced discrimination would call the matter a molehill". He stated that if he k "building mountains out of molehills, he would continue to build on it"; that discrimination is a problem that will continue to exist so long as political leaders do not take a stand to end the problem; that it is not his intention or desire for this matter to cause this Council to become embittered, but that he would continue to inquire of the City Manager, as he has done since he became a member of this Council, to furnish information as to whether or not bidders were Equal Opportunity Employers, and if they are not, then he will not vote for them. He further stated that on several occasions it had been indicated that he had encouraged persons and organizations to submit resolutions to the Council on this matter, but that he wanted to put the record straight that these were his personal convictions, and that he had not influenced theiNAACP or LULACs to submit resolutions , or the Caller -Times to print editorials, but that he is very serious about this matter and intends to persist in it, and will ask the same question each week, unless the information is furnished by other means. Mayor Blackmon asked Commissioner de Ases not to make further issue of it, and stated that if it is continually brought up each week, he may be forced to rule such a question out of order; stated he feels an issue should not be made of this matter until such time as evidence has been produced that the City is not an Equal Opportunity Employer, or until such time as a majority of the Council indicates they would favor such an ordinance, and that he is asking, in the interest and harmony of all concerned, that until such time as the majority of the Council indicate a desire for a change in policy, the City Manager and Staff not be burdened in obtaining this information. Following a lengthy discussion, Commissioner de Ases stated he would insist on being furnished the information, and if not, he would continue to ask the same question each week during the Council meetings, after which Mayor Blackmon stated the issue would be faced each week until such time as the Chair is prepared to make a ruling on it. There being no further business to come before the Council, the meeting was adjourned.