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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 • • 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. i • 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 OP 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. • 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. • • 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. • 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