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HomeMy WebLinkAboutMinutes City Council - 09/16/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 16, 1970 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 Ronnie Sizemore City Manager R. Marvin Townsend City Attorney Jim Riggs City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order and called on Commis- sioner W. J. Roberts to give the invocation. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Blackmon announced the issuance of proclamations relative to the following: DIEZ Y SEIS WEEK, September 13 through 19, 1970; CONSTITUTION WEEK, September 17 through 23, 1970; WOMEN IN CONSTRUCTION WEEK, September 16 through September 23, 1970; PARENTS WITHOUT PARTNERS WEEK, September 20 through 26, 1970; and V.F.W. FREEDOM SIGNATURE WEEK, September 20 through September 26, 1970. Mayor Blackmon nominated for appointment and reappointment to the Plan- ning Commission the following: John Waller (reappointment), for three-year term to July 17, 1973; Joe Cantu (appointment), replacing Phillip Castenada, for three- year term, to July 17, 1973; Stanley Hultman (appointment), replacing David M. Coover, for three-year term to July 17, 1973; and Captain J. T. Acuff (appoint- ment), to fill unexpired term created by resignation of Ralph Emmord, with term expiring July 17, 1972. Motion by Lozano, seconded by Bradley and passed, that the foregoing appointments and reappointments be approved and confirmed. Mayor Blackmon announced the public hearing on Application #970-4, E. I. du Pont de Nemours & Company, for change of zoning from "R -1A" One -family Dwelling District to "I-3" Heavy Industrial District, on a 60.68 -acre tract of submerged land located along the La Quinta Ship Channel. Senior City Planner Larry Wenger pointed out the location of the land on the map, and stated it is approximately 11 miles north and slightly east from the County Seat at Corpus Christi, and a part of submerged Tracts No. 2 & 3 in Corpus Christi Bay, and southeast of Reynold's Metals Company. He stated that the application was heard by the Planning Commission September 15, 1970, at which time Mr. Roy Plunkett, Director of Operations for the E. I. du pont de Nemours & • • Minutes Regular Council Meeting September 16, 1970 Page 2 Company., Freon Products Division, based in Wilmington, Deleware, appeared and described the type of dock facilities proposed to be constructed, explained that Corpus Christi is one of several locations under consideration and emphasized that no definite decision had been made that the plant will be located in this area, but that it is essential that they know that they will be allowed to construct the pro- posed chemical plant. Mr. Wenger stated that prior to the hearing the Staff mailed four notices, two were received in favor and none in opposition; that no one had appeared at the hearing in opposition; and that it was the recommendation of both the Staff and Commission that the request be approved as submitted. Attorney Michael Kendrick, representing the applicants, submitted a written statement and plat marked Exhibit "A" of the subject property prepared by Lockwood, Andrews and Newnam, showing the exact location of the submerged lands as being situated between the Reynolds Metals Company plant on the west and the Humble Oil & Refining Company and National Steel Company tracts to the east. He pointed out that the Navigation Channel had already been zoned for heavy industrial uses, and that the proposed change would be consistent with the City's plan to rezone this submerged land. He explained that du Pont presently holds an option to purchase these three submerged tracts, as well as the three adjoining upland tracts, together containing approximately 1,500 acres, and if du Pont selects this area, the sub- merged tracts will be used for the construction of dock facilities required in the loading and unloading of raw materials and plant products which will be chlorinated hydrocarbons. Mr. Roy Plunkett described the type of chemicals to be manufactured, in- cluding such materials as perchlorethylene, carbon tetrachloride and methylene chloride, all of which are widely used industrially as cleaning fluids, degreasing agents, refrigerants, solvents and for making teflon. He submitted a written statement at the Commission hearing marked Exhibit "B" which described in detail these products. He explained that hydrocarbons are normally shipped by pipe line while chlorine is normally shipped by tank car or barge, and that du Pont would have to construct a barge dock along the La Quinta Ship Channel in Corpus Christi Bay. He described safeguards implemented, stating that du Pont has handled large quantities of chlorine at a number of locations for many years, is well aware of safety requirements, and that their records and performance in this connection is • Minutes Regular Council Meeting September 16, 1970 Page 3 of public record. He stated they will meet standards for clean air and water pollution control; explained that any atmospheric discharge will be eliminated through a purging apparatus; that chlorine flows and equipment will be monitored 24 hours every day, as well as by direct inspection, and that every area where chlorine is handled, emergency breathing equipment will be kept readily at hand. Mr. Duaine Orr, Industrial Development Director for Nueces County Navi- gation District, spoke in support of the request, stating his letter of support had been filed with the Planning Commission, and that the proposed zoning change would be contiguous with the existing industrial uses in the Ship Channel. No one appeared in opposition to the foregoing request. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, that the recommendation of the Staff and Planning Commission be concurred in and that Application #970-4, E. I. du Pont de Nemours & Co., for change of zoning from "R -1A" One -family Dwelling District to "I-3" Heavy Industrial District on a 60.68 -acre tract of submerged land located along the La Quinta Ship Channel which is approximately eleven miles north, 65 degrees east from the County Seat at Corpus Christi, Nueces County, Texas, and a part of submerged Tracts No. 2 & 3 in Corpus Christi Bay, lying southeast of the Reynold's Metals Company, more fully described by metes and bounds in the Planning Office, be approved as submitted, and that an ordinance be brought forward effectuating the change. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "c" be accepted, and the requests and recommendations be granted and approved as follows: a. That an appropriation in the amount of $1,000 for four fire hydrant easements, to be acquired from Elizabeth M. Hinman, Westlake Apartment Company, Seaside Memorial Park, Mr. and Mrs. R. C. Kirmse, and David 0. Rudine Estate, to allow the relocation of fire hydrants from the 3 -foot sidewalk to the area adjacent to the sidewalk on Ocean Drive, be authorized; Minutes Regular Council Meeting September 16, 1970 Page 4 b. That the date of October 7, 1970, at 3 p.m., be set for the supple- mental public hearing regarding the opening of Flores Street, previously set for August 3, 1970; c. That the appointment of James R. Riggs to the position of City Attorney be approved and confirmed. City Manager Townsend presented the pending item of zoning Application #770-4, the portion of the application including Lots R, S, T, W-1, & South one- half of Lot U, Lexington Place, & the North one-half of Lot U, all of Lots V & W-2, which was tabled for further consideration September 9, 1970, and on which a public hearing was held September 2, 1970. Motion by Bradley, seconded by Roberts and passed, with Lozano and Sizemore abstaining, that the zoning on Lot W-1, Lexington Place, be changed from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, and that an ordinance be brought forward effectuating the change; and that the remaining lots, being Lots R, S, T, the South one-half of Lot U, and the North one-half of Lot U, all of Lots V and W-2, Lexington Place, remain as presently zoned. City Manager Townsend presented the pending item of Application #370-7, Planning Commission, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District, on Lots 46, 47, 48, 51 thru 57, 61 thru 64, Block 810, Port Aransas Cliffs; from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 2, 3, 4, 6, 7, 8 & 9, Block 1, Alameda Place; and from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 41 thru 64 and Lot "A", Block 812, Port Aransas Cliffs, on which a public hearing was held April 27, 1970. Motion by Roberts, seconded by McDaniel and passed, with Lozano abstain- ing, that the foregoing Application #370-7, be denied. Mr. Charles Hutchinson, Manager of the Atlantic Richfield Oil Company, appeared speaking for some twenty oil companies and land owners in Corpus Christi Bay involved in the areas which are proposed to be annexed by ordinance, appear- ing on the agenda for second reading, and stated that he had two weeks ago made a serious alternative proposal that the City form two industrial districts, one to the west of the upper half of Mustang Island and the other located in the Laguna Madre to the west of the upper end of Padre Island, to be negotiated and • Minutes Regular Council Meeting September 16, 1970 Page 5 written into a contract creating the districts. He stated that the proposal was clear and would accomplish the stated expectations of the Council which were to gain platting control over Mustang & Padre Islands and to regulate oil and gas pro- duction in the Bay, and by the Council's rejection of this proposal, he could only conclude that the main objective was to gain new property taxes with no intention of providing services. He stated he was powerless to do anything other than to protest but that he did not feel it was fair. Mr. Ed Harte appeared and stated he was speaking as an individual, but that his remarks grow out of his experience as Chairman of the Bay Drilling Committee since 1966. He stated that the earlier developed regulations covering Corpus Christi Bay could not have been worked out as satisfactorily as they were without active oil company cooperation, and that he feels the City's objectives could be accomplished through creation of the proposed industrial districts. He questioned the propriety of the proposed annexation, and stated it is his feeling that annexation is contrary to the spirit in which the Bay Drilling problems have heretofore been worked out, and in which the problems of oil spills are currently being dealt with. A representative of Humble Oil & Refining Company stated his firm has no intention of subsequently requesting deannexation if industrial districts are approved for the Bay properties. Commissioner McDaniel, stated it was his opinion that a precedent had already been set in the Bay when Flour Bluff was annexed, and that the proposal for establishment of industrial districts as proposed by Mr. Hutchinson would be dis- criminatory. City Manager Townsend, stated it was his opinion, and that of Petroleum Superintendent Harry Franklin, that control of the Bay waters could be accomplished either by annexation of the territories or by contract, but that his recommendation is for annexation. Commissioner Sizemore made a motion that the ordinance be tabled for one week for further study, and that the Council and Staff arrange meetings with the Oil Companies for a better look at their proposal and views relative to the creation of industrial districts. The motion died for lack of a second. Relative to Mr. Hutchinson's statement that the City would not provide City services, Mayor Blackmon pointed out that the City did create a special depart- ment, that of Petroleum Engineering, and employed Mr. Franklin and a small staff • Minutes Regular Council Meeting September 16, 1970 Page 6 who have rendered a very valuable service to oil companies and the community. He stated that the ordinance would not be scheduled for final reading until at least four members of the Council voted to place it on the agenda, and that the Council will decide in workshop whether or not a sub -committee will be appointed to assist in a study of the matter. SECOND READING OF AN ORDINANCE ANNEXING TO THE CITY CERTAIN PUBLIC LANDS AND SUBMERGED LANDS BETWEEN THE PRESENT CITY LIMITS AND THE WESTERLY SHORE OF MUSTANG ISLAND AND PADRE ISLAND, INCLUDING PORTIONS OF CORPUS CHRISTI BAY, NUECES RIVER AREA, AND LAGUNA MADRE; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts, present and voting "Aye", Sizemore voting "Nay." ORDINANCE NO. 9924 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 MR. AND MRS. SAM M. ARMSTRONG BY GRANTING A SPECIAL COUNCIL PERMIT FOR PARKING LOT ON ALL OF LOTS 18, 19, AND 20, BLOCK 9, VILLA GARDENS, LOCATED AT 630 VAN CLEVE DRIVE, 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 foregoing ordinance was read for the second time and passed on emergency by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." RESOLUTION NO. 9925 EXPRESSING THE APPRECIATION AND GRATITUDE OF THE CITIZENS OF CORPUS CHRISTI TO PERSONS AND ORGANIZATIONS FOR THEIR SERVICES AND MATERIALS, PREPARATIONS AND ORGANIZED EFFORTS IN RENDERING AID, FOOD AND CLOTHING TO THE AREA IN ADVANCE OF, DURING AND FOLLOWING THE TROPICAL HURRICANE CELIA, AND THE DISASTER AND DAMAGE FROM SUCH STORM. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE N0. 9926 APPROPRIATING OUT OF N0. 220 STREET BOND FUND THE SUM OF $1,000 FOR ACQUISITION OF FIVE UTILITY EASEMENTS TO BE USED IN CONNECTION WITH RELOCATION OF FIRE HYDRANTS IN OCEAN DRIVE, APPLICABLE TO PROJECT N0. 220-64-64, MINOR STREET RIGHT OF WAY; AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACQUIRE THE AFORESAID EASEMENTS FROM THE OWNERS, BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting September 16, 1970 Page 7 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO, 9927 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS, AND ARTICLE 1175, V.A.C.S., TEXAS, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND 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, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO. 9928 CLOSING A PORTION OF COKE STREET, LOCATED ADJACENT TO THE EAST PROPERTY LINE OF LOTS 5 AND 6, BLOCK 3, CRAVEN HEIGHTS, IN THE CITY OF CORPUS CHRISTI, TEXAS; RESERVING THE NECESSARY EASEMENTS FOR EXISTING UTILITIES; AND DECLARING AN EMER- GENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO. 9929 CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI ON THE 12TH DAY OF SEPTEMBER, 1970, UPON THE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI; 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 and Sizemore, present and voting "Aye." ORDINANCE N0. 9930 APPROVING AND CONFIRMING THE APPOINTMENT OF JAMES R. RIGGS TO THE OFFICE OF CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI, TEXAS; 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 and Sizemore, present and voting "Aye." ORDINANCE NO. 9931 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 Minutes Regular Council Meeting September 16, 1970 Page 8 AMENDED BY QRDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF E. I, du PONT de NEMOURS & COMPANY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE HEREINAFTER DESCRIBED TRACT OF LAND, BEING A 60:68 -ACRE TRACT OF SUBMERGED LAND LOCATED ALONG THE LA QUINTA SHIP CHANNEL WHICH IS APPROXIMATELY ELEVEN MILES NORTH, 65 DEGREES EAST FROM THE COUNTY SEAT AT CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND A PART OF SUBMERGED TRACTS 2 AND 3 IN CORPUS CHRISTI BAY, LYING SOUTHEAST OF THE REYNOLDS METAL COMPANY, FROM "R -4A" ONE FAMILY DWELLING DISTRICT TO "I-3" HEAVY INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." ORDINANCE NO, 9932 (FAILED TO PASS) 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 FRC1 TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THE PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT W-1, LEXING- TON PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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 failed to -pass by the following vote: Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon and Lozano voting "Nay." Motion by Roberts, seconded by de Ases and passed, that the request of the City Manager be granted to attend the International City Managers'Association meeting in San Diego, California, the week of September 20, and that Assistant City Manager Archie Walker be authorized to perform the duties of City Manager in his absence. A Workshop meeting was scheduled for 8:30 a.m., Friday, September 17, in the City Manager's Office, for the purpose of holding discussions relative to land acquisition and other matters pertaining to the Governmental Center project. There being no further business to come before the Council, the meeting was adjourned.