HomeMy WebLinkAboutMinutes City Council - 12/30/1969MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
December 30, 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
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 and called on Com-
missioner Roberts to give the invocation in the absence of the invited Guest
Chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Lozano, seconded by Roberts and passed, that the absence of
Commissioner Sizemore be excused for just cause.
The Minutes of the Regular Meeting of December 17, 1969, were approved
as presented to the Council.
Mayor Blackmon recognized and presented Certificates of Attendance to
John Simer, Jr. and Miss Marjorie Simer, citizens of the United States but residents
of Guanajuato,Mexico, who were visiting in this Country, and attending the Council
Meeting as guests and observers of local government. They were introduced by their
father, John Simer, Sr., formerly associated with the local press, and presently
affiliated with Coastal Bend Regional Planning Commission in a position of public
relations.
Mayor Blackmon stated that the Council had been made aware that 1969
is the 450th Anniversary, and the date generally accepted, of the discovery of
Corpus Christi Bay, and that an attempt had been made to find some benevolent
individual or organization interested in promoting the project of commemorating
the event to celebrate the discovery, and stated that the Junior Chamber of
Commerce had undertaken the project.
Relative to the foregoing, Mayor Blackmon read and presented a reso-
lution declaring that the year 1969 be officially designated as the 450th Anni-
versary of the discovery of. Corpus Christi Bay, and that a Medal be struck
commemorative of the event to celebrate such discovery.
Minutes
Regular Council Meeting
December 30, 1969
Page 2
RESOLUTION NO. 9591
DECLARING 1969 AS THE 450TH ANNIVERSARY OF THE DISCOVERY OF CORPUS CHRISTI BAY,
AND DESIGNATING A MEDAL COMMEMORATIVE THEREOF; DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing resolution was passed
by the following vote: Blackmon, Bradley, Lozano, de Ases, McDaniel and Roberts,
present and voting "Aye"; Commissioner Sizemore, absent.
Mr. Daniel E. Wilie, representative of the Junior Chamber of Commerce,
appeared and expressed appreciation for the interest the Council has shown in
this project, and for the resolution which he stated would assist in the sale of
the commemorative medal. He explained that the proceeds from such sales would go
toward an aquarium proposed bythe organization, and that the entire community
could participate in the project which would help promote the City through educa-
tional and tourist interests.
Mr. Wilie presented :the Mayor with one of the medals, and introduced
Mrs. Barbara Rico, former resident of the City and designer of the official
Corpus Christi Flag, and explained that the medal was struck in keeping with the
design suggested by Mrs. Rico, He stated that they will attempt to make it a
National project, and that orders may now be placed at the Corpus Christi State
National Bank.
Other Junior Chamber of Commerce representatives present were: Dan
Winship, Jim Gunn, Dr. Don Dever and Tom Johnson.
Mayor Blackmon expressed appreciation for all the activities of the Junior
Chamber of Commerce which have benefited the City, and thanked Mrs. Rico for the
artistic contributions she has made to the City.
Mayor Blackmon called for the City Manager's Reports.
Motion by Roberts, seconded by Lozano and passed, that the City Manager's
Reports, Items "a" through "g" be accepted, and that the requests and recommenda-
tions be granted and approved as follows:
a. That the Elgin Park land acquisition and development open space con-
tract with HUD be amended to increase the maximum relocation assistance from $6,700
to $43,800, and the time of completion be extended from six months to 193 months;
b. That Reagan and McCaughan be authorized to add the relocation of the
42" water main in Padre Island Drive for future expressway construction to the
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Minutes
Regular Council Meeting
December 30, 1969
Page 3
transmission main engineering contract, and a lump sum agreement be authorized to
engineer the relocation of the 48" main under Padre Island Drive, with the State
participating in the 48" crossing because it was partially in the purchased right-
of-way; the 42" relocation engineering estimated at $3,200 and the 48" crossing
at $3,000;
c. That the authority to advertise for bids to be received January 21,
1970, for the two-lane paving of Navigation Boulevard from Bear Lane to Highway 44,
be granted;.
d. That the recommendation of the Traffic Safety Advisory Board placing
"No Parking" restrictions from 8 a.m. to 4 p.m. on school days only on Alameda
between Craig and Buford near Furman School, and "No Parking Anytime" on the north-
west side of Everhart Road from Padre Island Drive to Holly Road, be approved;
e. That the authority to advertise for bids to be received on January
28, 1970, for street and drainage improvements in the Code Enforcement Molina
Project, as approved by the Council on October 15, 1969, subject to HUD concurrence,
be approved, on 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
f. That the proposed ordinance changing the Marina rates be amended to
provide that the charter boat rate be 3c per square foot per month with a maximum
of $80 and a provision be added as follows: If more than one charter boat owner
desires to rent a particular slip, written notice of such request shall be sub-
mitted to the Marina Superintendent who will set a date at least 30 days there-
after to receive sealed bids for the monthly rental of the slip; that such bids
will be required to be in excess of the amount which would otherwise be charged
for the slip; that the bidder submitting the highest bid must agree to sign a
one-year lease for the slip and pay three months of the lease in advance so that
Minutes
Regular Council Meeting
December 30, 1969
Page 4
at all times except during the final 90 days of the lease period, the tenant in
any slip obtained will have paid in advance at least 90 days rent; that such higher
rate shall continue after the end of the one-year least period unless the owner
wishes to be released from the additional payment; and that at such time bids
will again be taken for the slip to determine the tenant and rate which will apply
thereafter;
g. That the appointment of Mr. Charles J. Daley to the position designated
as Budget Director, be approved and confirmed.
Motion by Roberts, seconded by Bradley and passed, that the following
supplemental City Manager's Reports, Items "h" thru "j" be approved as presented
by the City Manager:
h. That December 26, 1969, be approved as an additional holiday, con-
firming the informal approval granted by telephone on December 24, 1969;
i. .That a revocable easement to Coastal States Gas Producing Company
to construct and operate a 12 -inch 0.D. pipeline under Sedwick Road, as set out
in the revocable easement upon payment of the fee provided therein, be authorized;
j. That the City Manager be authorized to negotiate a proposed lease
with Robert Brennan on 1.25 acres of surplus City -owned land located off UpRiver
Road, and West of Navigation Boulevard; that authority be granted to advertise for
sealed bids according to State Law for the sale of approximately 1.992 acres
East of Navigation Boulevard which was part of Woodman and Evans Tract; and that
prior to such sale authority be granted to negotiate the necessary agreement with
Coastal States for an easement across both Brennan and Woodman and Evans property
consistent with the market value of the property to be occupied by such easement.
City Manager Townsend presented the pending item of Application #1169-3,
Joe D. Moore, for change of zoning from "R -IB" One -family Dwelling District to
"A-1" Apartment House District, on an 8.5 -acre tract of land out of Lot 4, Section
2, Bohemian Colony Lands, located on the North side of Montego Drive between
Unit 3 and Unit 5, Carroll Place, on the West side of the 5600 Block of Weber Road,
on which a public hearing was held December 22, 1969.
Motion by Bradley, seconded by de Ases and passed, with Roberts and
Lozano voting "Nay," that the foregoing application be denied.
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Minutes
Regular Council Meeting
December 30, 1969
Page 5
Motion by Lozano, seconded by Roberts and passed, that the proposed
ordinance amending Section 9-49, Article IV, of the Corpus Christi City Code, 1958, as
amended, as read for the first time on December 17, 1969 and passed to second
reading on December 30, 1969, be amended to hereafter reflect the following changes:
Subsection (2) (d) shall hereafter read as follows:
"(d) Boat slips used by Charter boats shall be charged at the
rate of three cents (30) per square foot per month with a maximum
rate of Eighty Dollars ($80.00) per month unless more than one
owner requests to lease the same slip.
If more than one charter boat owner desires to rent a
particular slip, written notice of such request shall be submitted
to the Marina Superintendent who will set a date at least thirty
(30) days thereafter to receive sealed bids for the monthly
rental of the slip. Such bids will be required to be in excess
of the amount which would otherwise be charged for the slip. The
bidder submitting the highest bid must agree to sign a one-year
lease for the slip and pay three (3) months of the lease in advance
so that at all times except during the final ninety (90) days of
the lease period, the tenant in any slip obtained will have paid
in advance at least ninety (90) days rent. Such higher rate shall
continue after the end of the one-year lease period unless the
owner wishes to be released from the additional payment. At such
time bids will again be taken for the slip to determine the tenant
and rate which will apply thereafter."
Mr. Tommy McDonald, Vice-president of Plumbers & Steamfitters Local #185,
and Chairman of the Legislative Committee, appeared and stated he was again speak-
ing as a concerned citizen in connection with the proposed ordinance adopting the
Southern Standard Plumbing Code, 1967 Edition and the 1968 revision which he
stated, if adopted in its proposed form allowing ABS & PVC plastic pipe under con-
crete slabs, could endanger the health and welfare of the citizens and cost the
future home and apartment buyers millions of dollars. He read from a written state-
ment setting out statistics, data and reasons, to substantiate his contention that
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1Rinutes
Regular Council Meeting
December 30, 1969
Page 6
the use of plastic pipe could, under certain conditions and use of certain house-
hold chemicals, endanger the homeowner. (Council Exhibit $14-69)
Mr. McDonald conducted a series of demonstrations, using a denatured alcohol
and a hammer to show that one type of plastic pipe can be eaten away and another
crushed. He read a letter from the Master Plumbers Association addressed to the Mayor,
stating their disapproval of PVC or ABS pipe under concrete slabs. He stated as untrue
a statement made by one City Official that HUD had sent out a directive that plastic
pipe must be approved by a certain date or all money for Model Cities, Code Improve-
ment Programs etc., would be withheld. He urged the Council to defer passage of
the proposed ordinance until the 1969 version of the Southern Building Code is studied.
Mr. E. J. Howard of the Plastic Pipe Institute, stated that Mr. McDonald's
demonstrations covered unrealistic conditions; that more than 1,000 cities in the
United States had adopted codes permitting some use of plastic pipes, and that this
figure includes approximately 145 Texas cities; stated that the matter was presented
before the review board on March 13, 1969, and that it has been under study for 10
months which establishes the fact that they did not act hastily. He stated that
he has in his possession the original letter from HUD 'referred to by Mr. McDonald,
and presented the Mayor and Mr. McDonald with a copy.
Mr. Joe Winston of Winston Plumbing Company, 1551 Baldwin, stated that he
has had calls from customers who have found their cast iron pipes wasted away,
stating that the acid content of the Corpus Christi soil is particularly damaging
to cast iron pipe. He further stated that the use of cast iron pipe is not ruled
out and that the use of plastic pipe is only a competitive material.
It -was pointed out by Director of Public Works Jack McDaniel that the
sections of the Plumbing Code relating to the use of plastic pipe states that its
use is allowed above ground only.
Mayor Blackmon called for a vote on the ordinances as they appeared on the
agenda, including second reading of the Marina Rate ordinance, as amended, and
first reading ofthe-ordinance adopting the Plumbing Code.
ORDINANCE NO. 9587
AUTHORIZING THE CITY MANAGER TO ACCEPT A PROPOSAL TO AMEND THE ENGINEERING CONTRACT
WITH REAGAN AND McCAUGHAN, AUTHORIZED BY ORDINANCE -NO: 8655, TO INCLUDE ADJUSTMENTS
TO THE 42" HOLLY ROAD WATER LINE AT ITS INTERSECTION WITH THE EXISTING 48" WATER LINE;
APPROPRIATING OUT OF THE NO. 202 WATER SYSTEM BOND FUND THE SUM OF $3200 FOR ADDI-
TIONAL FEES, APPLICABLE TO PROJECT NO. 202-68-29.1, DESIGNATED AS 48" TRANSMISSION
` MAIN; AND DECLARING AN EMERGENCY.
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Minutes
Regular Council Meeting
December 30, 1969
Page 7
The Charter rule was suspended and the foregoing ordinance was passed by
the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Roberts,
present and voting "Aye"; Sizemore absent.
ORDINANCE NO. 9588
AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF REAGAN AND McCAUGHAN FOR ENG!=
NEERING SERVICES REQUIRED FOR ADJUSTMENTS TO THE 48" WATER LINE SOUTH OF STATE HIGH-
WAY NO. 44; APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND A FIXED FEE SUM OF
$3000 FOR PAYMENT OF SUCH ENGINEERING SERVICES APPLICABLE TO PROJECT NO. 202-68-29.1,
DESIGNATED AS 48" TRANSMISSION MAIN; 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 Roberts,
present and voting "Aye"; Sizemore absent.
ORDINANCE NO. 9589
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 LONGHORN DONUTS, INC. (DUNKIN'
DONUTS, INC.) BY AMENDING THE ZONING MAP BY CHANGING THE .ZONING ON LOTS 7 AND 8,
BLOCK .2, AVALON PLACE SITUATED IN THE CITY OF CORPUS 'CHRISTI, NUECES COUNTY, TEXAS,
FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL. BUSINESS DISTRICT; KEEP-
ING 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, Roberts, present
and voting "Aye", Sizemore absent.
ORDINANCE NO. 9590
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 DUAINE & ASSOCIATES, INC. BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE WEST 66 FEET OF LOTS 9 AND
10, BLOCK 8, BAYVIEW ADDITION, *2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE
DISTRICT; KEEPING IN EFFECT AIL 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: Lozano, Bradley, de Ases, McDaniel and Roberts, present
and voting "Aye"; Sizemore absent and Blackmon disqualified.
RESOLUTION N0. 9591
DECLARING 1969 AS THE 450TH ANNIVERSARY OF THE DISCOVERY OF CORPUS CHRISTI BAf, AND
DESIGNATING A MEDAL COMMEMORATIVE THEREOF.
The Charter rule was suspended and the foregoing resolution was passed by
the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Roberts,
present and voting "Aye"; Sizemore absent.
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Minutes
Regular Council Meeting
December 30, 1969
Page 8
ORDINANCE NO. 9592
AUTHORIZING THE CITY MANAGER TO EXECUTE FIRST AMENDATORY CONTRACT AMENDING CONTRACT
FOR GRANT TO ACQUIRE OPEN -SPACE LAND UNDER TITLE VII OF THE HOUSING ACT OF 1961,
AS AMENDED, A COPY OF SAID AMENDATORY CONTRACT BEING 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 Roberts,
present and voting "Aye"; Sizemore absent.
ORDINANCE NO. 9593
AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING THERETO ITEM 41
UNDER SECTION 21-155, SO AS TO PROHIBIT PARKING ON THE NORTHWEST SIDE OF EVERHART
ROAD, BETWEEN PADRE ISLAND DRIVE AND HOLLY ROAD; AMENDING THE CORPUS CHRISTI CITY
CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-156, SO AS TO HEREAFTER PROHIBIT
THE STOPPING, STANDING OR PARKING OF VEHICLES ON SOUTH ALAMEDA STREET, BETWEEN
BUFORD AND CRAIG, :.EAST SIDE, BETWEEN THE HOURS OF 8:00 A.M. AND 4:00 P.M., ON
SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION; 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 Roberts,
present and voting "Aye"; Sizemore absent.
RESOLUTION N0. 9594
APPROVING THE APPOINTMENT OF CHARLES J. DALEY TO THE POSITION DESIGNATED AS BUDGET
DIRECTOR FOR THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing resolution was passed
by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Roberts,
present and voting "Aye"; Sizemore absent.
ORDINANCE N0. 9595
GRANTING A REVOCABLE EASEMENT AND AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND
ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A REVOCABLE EASEMENT TO COASTAL
STATES GAS PRODUCING COMPANY, A TEXAS CORPORATION HAVING AN OFFICE AND PLACE OF BUSINESS
IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR
AND REMOVE ONE (1) 12" 0.D. PIPELINE UNDER SEDWICK ROAD, AS MORE FULLY SET OUT IN
THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, UPON THE PAYMENT OF THE
FEE PROVIDED THEREIN; 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 Roberts,
present and voting "Aye"; Sizemore absent.
FIRST READING OF AN ORDINANCE ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1967,
EDITION AND THE 1968 REVISION THERETO FOR THE REGULATION OF THE INSTALLATION,
ALTERATIONS,;HEPAIRS, REPLACEMENT, EQUIPMENT (INCLUDING APPLIANCES), FIXTURES,
FITTINGS ANI0bR APPURTENANCES THERETO OF PLUMBING, BOTH EXISTING AND NEW, AND ALL
PARTS THEREOF, INCLUDING EVERY CONNECTION TO THE WATER OR SEWERAGE SYSTEM OF THE
CITY, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRA-
TION AND ENFORCEMENT; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEED-
ING $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING A SAVINGS CLAUSE; AND
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
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Minutes
Regular Council Meeting
December 30, 1969
Page 9
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel
and Roberts, present and voting "Aye"; Sizemore absent.
SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,
BY AMENDING ARTICLE IV, SECTION 9-49, "RATES AND RENTAL FEES FOR USE OF SLIPS AND
DOCK. SPACE',' FOR THE PURPOSE OF PRESCRIBING CURRENT AND APPROPRIATE RATES IN SAME;
PROVIDING A SAVINGS. CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its
as amended
third reading/by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel
and Roberts, present and voting "Aye"; Sizemore absent.
There being no further business to come before the Council, the meeting
was adjourned.
1, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the
foregoing minutes, same being for the period of December 1, 1969, through December 31,
1969, inclusive, and having been previously approved by Council action, are by me hereby
approved.
JACK R. CKMON, Mayor
/City of Corpus Christi, Texas