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HomeMy WebLinkAboutMinutes City Council - 10/07/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 7, 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. The Invocation was given by Commissioner W. J. Roberts in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of September 21 and the Regular Council Meeting of September 23, 1970, were approved as submitted to the Council. Mayor Blackmon announced the issuance of proclamations relative to the following: LEAGUE OF WOMEN VOTERS WEEK, October 11 - 17, 1970, in tribute to this non-partisan organization dedicated to the principles of self-government, working to promote political responsibility through an informed and active citizenry; CAPTAIN DONALD C. DAVIS DAY, October 6, 1970, urging all citizens to pay honor and respect to this distinguished member of the United States Armed Forces, who has assumed a vital role in making Corpus Christi and the Coastal Bend area a better and safer place in which to live, work and play; Y -TEEN WEEK, October 11 through 17, 1970, giving recognition to the youth of our City and supporting the work of the YWCA for its contribution to their needs. Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Sizemore and passed, that the City Manager's Reports, Items "a" through "n" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the authority to receive bids on October 19, 1970, for one high pressure breathing air compressor as provided in the Fire Division Budget, be granted; • • Minutes Regular Council Meeting October 7, 1970 Page 2 b. That the authority to receive bids for annual maintenance service contracts on November 26, 1970, for elevators at City Hall, Public Utilities Building, La Retama Library and International Airport, be granted; c. That bids again be rejected and be readvertised to be opened on November 4, 1970 for the pneumatic tube installation at the Police Station; d. That the repairs to Exposition Hall roof, underway prior to Celia, be accepted and final payment in the amount of $6,649, be authorized to Braselton Construction Company; e. That approval for the City to become self-insured for money and securities insurance covered for 22 locations and 5 messengers with a $5,000 maximum and no deductible cost $1,072 for the last 3 -year policy, be granted; f. That the Council concur with Gulf Star Foundries, Inc., in their request to the Texas Air Control Board for a 45 -day extension until December 15, 1970, for compliance due to Hurricane Celia; g. That plans and specifications be approved and bids be received on November 4 for repairs to the roof and rafters at the Holly Road Water Reservoirs; h. That bids be received on November 4, 1970, for the Cole Park Seawall and concrete fishing pier; alternate bids will provide for a 2 to 1 and 6 to 1 slope with intermediate steps or continuous steps with a 2 to 1 slope. Plans include a 150 -foot extension of the Louisnana storm sewer and water and electricity along the pier. An alternate bid will provide for removal of all rip -rap in front of the seawall south of Louisiana Street; i. That Chief Runyan be appointed to a new position of Assistant Chief as of December 31, 1970, responsible for Civil Defense, Police reserve activities, coordination with other departments and such other duties as may be assigned; and that Chief Avant be appointed as Acting Police Chief effective October 8, 1970; the new position will make possible the deletion of the vacant position of Civil Defense Director; 1. That the positions.;of Police Chief and Fire Chief be classified to Pay Grade 36 with the provision that advancement beyond the "c" step will be based solely on performance and merit; • • Minutes Regular Council Meeting October 7, 1970 Page 3 k. That a revised paving assessment ordinance be adopted and that Monday, November 2, 1970, at 7:30 p.m. be set as the date for a public hearing on the Molina street assessment roll - which includes 816 parcels and $333,572 of the $1,111,908 total project cost; I. That the ROW needed for the Leopard Street water main be acquired by condemnation as follows: (1) a .719 acre tract from Mrs. I. M. Noakes; (2) a .712 acre tract from Mr. I. W. Shaffer; (3) a 3015 square foot tract from Mr. and Mrs. Roger D. Bickham; (4) a 3280 square foot tract from Mr. and Mrs. H. G. Davis; (5) a 2.27 acre tract from Mr. and Mrs. Bailey Fellows. The owner requests are at least twice the appraised values. m. That Staples and Swantner from 18th to Annapolis and the Airport -Old Brownsville Road -Morgan Street intersection be submitted as possible TOPICS programs for state -federal assistance; n. That the City return to the full application of the Building Code, Plumbing Code, and Electrical Code as of October 12, 1970, and that all work be required to take out a permit in compliance with the Code. City Manager Townsend explained that in regard to item "n", the City has never before had this type of repair work that has been involved. The Code has not been written to provide for this work, and guidelines will be forthcoming in setting out major and minor work and as to what is remodeling and what is only repair work. He also requested that when there is a doubt as to whether the work is remodeling or only repair, that this problem be called to the attention of the Inspection Section so that they will be able to check with the workers. City Manager Townsend presented an amendment to the annexation ordinance regarding the description of the land to be annexed. Motion by Bradley, seconded by Lozano and passed, "that the ordinance annexing to the City certain public lands and submerged lands, read on the first two of three readings on September 9 and September 16, 1970, be and the same is hereby amended by correcting the description as shown on the attached Exhibit "A ." The final paragraph of Section 2 shall hereafter immediately follow the description as appears on the attached Exhibit A. (See annexation ordinance.) • • Minutes Regular Council Meeting October 7, 1970 Page 4 Mr. Homer C. Innis, Past President of the South Texas Chamber of Commerce, read and presented to the Council a statement in regard to the proposed annexation ordinance. He stated that the South Texas Chamber of Commerce believes, that if the annexation is consummated, this favorable climate for industry will be clouded and that new industry, expansion of existing industry and our present industry will look askance at this annexation because of the tax vulnerability. The South Texas Chamber of Commerce requests the City for (1) table the third reading of the proposed ordinance indefinitely; (2) appoint a joint committee representing the City and the petroleum industry to negotiate a contract or contracts for the creation of industrial districts, including payments to the City to defray the costs of regulation; and (3) if it is decided additional revenue is necessary for the proper functioning of the municipal govemment, that consideration be given to a more realistic approach of a broad tax program aimed at the recipient of municipal service. (Council Exhibit #15-70) Mr. Walter Reasonover, President of the Corpus Christi Chamber of Commerce, appeared before the Council, and spoke in regard to the Resolution presented by the Chamber of Commerce at the morning workshop meeting. He stated that the resolution expresses the opinion of the Board of Directors that the City should establish proper control over oil and gas production in portions of Corpus Christi Boy not presently in the City by authorizing the formation of industrial districts which would include most of the production in question. (Council Exhibit #16-70) Mr. Ed Barfield, South Texas Division Manager for Humble Oil and Refining Company, stated that he and Charles Hutchinson have appeared before the Council previously in regard to the formation of industrial districts. He stated that the oil companies are willing to negotiate with the Council regarding forming the industrial districts. If, after a certain period of time the contracts are not satisfactory, then the City could annex the areas. Hestated that the petroleum industry' clearly recognizes the problems involved and is willing to contract with the City in order that certain regulations may be achieved. He also stated that the regulatory powers do not have to be in detail, but that the industries will agree to whatever restrictions are imposed upon them. He stated that Humble, Atlantic and Sun Oil Companies have the major. holdings in this area and that they will agree to a contract for whatever time limit is set by the City, although statutes concerning industrial districts provide a maximum time of • • Minutes Regular Council Meeting October 7, 1970 Page 5 seven years, but no minimum time. Mr. Barfield stated that one to two years would be quite acceptable as proof of good faith on their part and they are willing to negotiate with reference to sufficient revenues to offset City costs. He believes there is very little cause for major concern, and pointed out that the oil companies have disavowed the possibility of deannexation. Mr. Barfield stated that the matter of fairness for oil operators within the Bay and those not annexed, would be substantially the same because most of the operators are basically the same. The unfairness would be the additional burden on the same owners. He stated the difference in taxation regarding what the oil companies would be paying the City would automatically reduce the revenue that would normally be paid to the State. Mr. Barfield stated that the City should modify the annexation ordinance to exclude those areas where oil companies are operating and work out an agreement satisfactory to all concerned in this regard. A general discussion ensued regarding how much of the area was involved and the revenue that might be possible regarding taxation of these areas. Motion by McDaniel, seconded by Sizemore and passed, with Roberts and Bradley voting "Nay", that the annexation ordinance be tabled for one week and considered at the next workshop meeting with the view of proceeding with annexation excepting the proposed industrial areas for the time being to allow time for negotiation regarding said areas. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RIO AIRWAYS, INC. COVERING. THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND EASTERN AIRLINES COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye ". • • Minutes Regular Council Meeting October 7, 1970 Page 6 SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS INTERNATIONAL AIRLINES COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BRANIFF INTERNATIONAL, INC. COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, Bradley, de Ases,McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9949 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Elvira Drive, Jose Drive, Valdez Drive and Yolanda Drive, from West Point Road to Bloomington; 2. Ramona, from West Point Road to Skinner; 3. East and West Theresa Street, from Bloomington to Lolita; 4. Theresa Street, from Lolita Street to Horne Road; 5. Molina Drive, Barrera Drive and Angela Drive, from Linda Vista to West Point Road; 6. Bush Avenue, from West Point Road to Padre Island Drive (S.H. 358); 7. Columbia Street, from Linda Vista to West Point Road; 8. Linda Vista, from Columbia to Padre Island Drive (S.H. 358); 9. National Drive, from Columbia Street to Angela Drive; 10. West Point Road, from Columbia Street to Bush Avenue; 11. Villareal Drive, from Columbia Street to Elvira Drive; 12. Skinner, from Valdez Drive to Jose Drive; and 13. Bloomington, from Columbia Street to Molina Drive; REQUIRING THE DIRECTOR OF PUBLIC WORKS TO PREPARE AND FILE PLANS, AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; 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". Minutes Regular Council Meeting October 7, 1970 Page 7 ORDINANCE NO. 9952 • REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U.S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, 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 ACCOMMODA- TIONS 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". After a short recess, Mayor Pro Tem Gabe Lozano reconvened the meeting in the absence of Mayor Blackmon, and announced that an informal public hearing would be held on the opening of Flores Street. City Manager Townsend presented the proposal before the Council and stated that William Anderson, Director of Planning, would present background information. Mr. Anderson stated that the extension of Flores Street has been a matter before the City for the past twenty years. He stated that in 1963 the matter was brought up for a zoning change involving two tracts; in 1964 the School representatives appeared requesting that the street be opened; in 19615, the President of the School Board requested extension of the street; in 1966, it was part of the capital improvement program; in 1967 a bond issue was submitted to the electorate in the amount of $115,000 for this extension and was approved; in 1964 based on a series of studies, the City Council selected one location for the street and adopted it at that time. Since that time, conditions have changed, the Sisters of Incarnate Word acquired the Morgan tract of land and Mr. Hatch acquired the Barnard -Massey tract. In 1968, Mr. Hatch made application to extend his mobile home trailer park and the application is still pending. In May of 1969, the City Council held a hearing on whether Flores Street should be extended; this matter has been discussed and is pending. Subsequent to the changes and the school's need for an access street being less apparent, the matter has been again reviewed and the following facts developed: the Fire Department doesn't feel the street is as essential as it once was and the School District feels it would be desirable but a luxury dollar wise. As funds have been • Minutes Regular Council Meeting October 7, 1970 Page 8 voted for this project, the property owners may feel they are committed for the project, but if the $115,000 voted in the bond election is sufficient to fund the project now is questionable. On September 15, 1970, Mr. Hatch presented a plat to the Planning Commission and it was approved, conditioned on the Council's decision on the street question within 60 days. Otherwise, the plat was approved for expansion of his mobile home park. Mr. Jim Ryan, attorney representing Mr. Cecil Burney, Trustee, owner of one of the tracts involved, appeared before the Council and gave information on the: background of this proposal. He stated that his client still wants a street through this property for access reasons. Mr. Ryan stated that no one had actually stated that the road was not needed, or that the money was not available, yet this project had been delayed for several years. He stated that the School District, PTA and Fire Department had all determined that this street was needed for access through the area, and a great expenditure of time and effort has been spent in connection with the extension of the street. Mr. Harvey Weil, attorney representing E. L. Caldwell and Sons, another owner of land in this area, stated that Mr. Ryan had adequately and completely stated the facts in the matter. He stated that Mr. Caldwell and Mr. Burney were both willing to pay their prorate of assessment costs and donate right-of-way for this street to be constructed and feel that it is a.very worthwhile project. Mrs. A. L. Gaut, 242 Eastgate, spoke in favor of having a buffer zone established between the Westgate area and the trailer park, but is against opening Granada or George Streets into the proposed Flores Street. She stated the people of the area do not want the property rezoned into a heavy industrial district, but a barrier should be established between the residential and whatever type of zoning is to be granted for the property. Mr. Richard Hatch, attorney representing Hatch Trailer Park, stated he has no personal interest in the property although he is related to the owner. He called attention to the fact that the remark was made that the matter has been before the Council for almost twenty years. If all were in favor of the street for so long, why hasn't it been accomplished. He stated that he believes there is a reservation or doubt on the part of members of the Council as to whether or not the street is needed. He stated it would be a waste of the taxpayer's money to construct this street. • • Minutes Regular Council Meeting October 7, 1970 Page 9 City Manager Townsend read a letter in opposition to the proposal of Flores Street from Mr. Lloyd A. Stewart, 318 Westgate Drive. Mr. I. L. Fuqua, 3310 Granada, stated that he was not against Flores Street going through the middle of the tract, but he is definitely against it if the street will back up to Westgate Heights and his property. Mrs. W. N. Perkins, 3306 Granorda, stated that she likes the nice quite neighborhood addition as it is and does not want a street in that area that will have a lot of traffic and cause problems. Mrs. 1. L. Fuqua stated that the street was not needed. Mr. Ronald Lowman, 234 Eastgate, stated that many of the school children walk through the field in order to get to and from Miller High School. He stated also that in order to drive through the Westgate Subdivision, a roundabout way must be taken and many people end up driving in circles trying to get out, so personally he would like to see a street go through the area. Mrs. Jeanne Grant, 321 Westgate, stated that the street is unnecessary and too expensive to construct. Jim Ryan againstated that the street is needed because more activity than ever before is going on at Buccaneer Stadium and the Miller High School still has many students that must find a way to get around to Agnes Street. He stated this is a worthwhile project and a lot of work has been put into trying to accomplish it, but he is especially desirous of Flores Street being opened through to Agnes and Industrial Boulevard. Mr. Julius Rosenberg, stated he was the tenant on the front of the property on Agnes Street, and that there is a dedicated street through from Industrial to .Agnes with right-of-way having been dedicated so that access would be next to the railroad tracks, but the street has not been constructed. Motion by McDaniel, seconded by de Ases and passed, that the hearing be closed. The motion by Bradley, seconded by McDaniel, to open Flores Street from Agnes to Industrial failed to pass. Motion by Roberts, seconded by Sizemore and passed, that the proposal for opening Flores Street be tabled for one week and discussed at workshop meeting. • Minutes Regular Council Meeting October 7, 1970 Page 10 ORDINANCE NO. 9950 APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORKS' WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE VARIOUS COSTS FOR STREET IMPROVEMENTS ON THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Elvira Drive, Jose Drive, Valdez Drive, and Yolanda Drive, from West Point Road to Bloomington; 2. Ramona, from West Point Road to Skinner; 3. East and West Theresa Street, from Bloomington to Lolita; 4. Theresa Street, from Lolita Street to Horne Road; 5. Molina Drive, Barrera Drive, and Angela Drive, from Linda Vista to West Point Road; 6. Bush Avenue, from West Point Road to Padre Island Drive (S.H. 358); 7. Columbia Street, from Linda Vista to West Point Road; 8. Linda Vista, from Colubia to Padre Island Drive (S.H. 358); 9. National Drive, from Columbia Street to Angela Drive; 10. West Point Road, from Columbia Street to Bush Avenue; 11. Villareal Drive, from Columbia Street to Elvira Drive; 12. Skinner, from Valdez Drive to Jose Drive; and 13. Bloomington, from Columbia Street to Molina Drive; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID BY AND ASSESSFD AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAIDABUTTINGPROPERTY; ORDERING AND SETTING A HEARING TO BE HELD NOVEMBER 2, 1970, AT 7:30 P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF'TEXAS AND THE 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: Lozano, Bradley, de Ases, McDaniel,' Roberts and Sizemore, present and voting "Aye"; Blackmon was absent.. ORDINANCE NO. 9951 ADOPTING A REVISED STREET ASSESSMENT POLICY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon was absent. There being no further business to come before the Council, the meeting was adjourned.