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HomeMy WebLinkAboutMinutes City Council - 10/28/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 28, 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 Assistant City Secretary Bill G. Read • Mayor Jack R. BlaEkmon called the meeting to order. The Invocation was given by The Reverend Rush Barnett, Associate Pastor of the First Christian Church. Assistant City Secretary Bill G. Read called the roll of those in attendance. The Minutes of the Regular Council Meeting of October 14, 1970, were approved as submitted to the Council. Mayor Blackmon announced the issuance of proclamations relative to the following: NATIONAL KEY CLUB WEEK, October 25-31, 1970; NATIONAL INSURANCE WEEK, November 1-7, 1970; TEXAS NURSES WEEK, November 1-7, 1970; EARTH MONTH.,. November, 1970; and CHRISTMAS SEAL DAYS, November 3 to December 25, 1970. Mayor Blackmon recognized Mr. James Denton, Chairman of the Citizens' Advisory Committee on Resources (which committee was appointed by the City Council August 26, 1970, for the purpose of seeking all waildble resources necessary to rebuild the City following Hurricane Celia), who was scheduled on the agenda to make a formal report of the Committee's recommendations. Mr. Eddie Adame, spokesman for a group of some 15 MAYO representatives, appeared, interrupting Mr. Denton's report, and stated that the Council had refused his request to appear on the agenda to speak relative to the circumstances which led to the death of Mario Benavides, killed two weeks ago by R. P. Spencer, Corpus Christi Policeman. Mayor Blackmon explained that Mr. Adame's request had been received by telephone in the City Secretary's Office Monday, October 26, and that the matter, had been discussed during the workshop this morning, according to the established procedure, that the Council had refused the request because the case was presently before a Nueces County Grapd Jury, and that they s • Minutes Regular Council Meeting October 28, 1970 Page 2 did not wish to discuss the case until a decision had been rendered by the Grand Jury. He asked Mr. Adame if he had been notified that the Council had denied his request, and Mr. Adame replied that he had, but stated that they did not believe this to be a valid reason, and that they have a list of demands which he proceeded to distribute to the Council. (Council Exhibit 017-70) Mr. Adame and the group left the Council Chamber after they had been declared out of order, stating "their request pertairffd to City business and had been ignored." City.MenagerTownsend stated that he had been in communication with some•melnbers of the group previously; that the matter had been discussed at length; and that at that time there appeared to be a clear understanding which they acknowledged. Commissioner de Ases eispressed concern that communications had been such so as to result in the demonstration just witnessed. He noted that the subject of neighborhood improve- ments hod been l fisted on the request to appear on the agenda, and stated that if the -group wished to discuss this subject, they should have bedn received. Assistant City Manager Archie Walker stated that he had talked with Mr. Adame immediately prior to the meeting today relative to the request to speak on neighborhood improvement, that he had said he did not wish to pursue that subject at thisr.time. Mr. Denton resumed presentation of the report of the Citizens' Advisory Committee, and submitted a written report which he stated had been formally adopted by the full committee on October 21, 1970, The report listed twenty-two specific recommendations and findings of the committee,. (Council Exhibit 018-70), naming as some of the most important, the proposed governmental center, the convention center, the need for an adequate water supply with the recommendation that we proceed as rapidly as possible for construction of a dam and reservoir on the Nueces River, promotion of industrial development and economic growth; that a referendum be called to authorize the use of Housing and Urban Development urban renewal funds to allow for the use of the entire spectrum of federal aid, and the need for a state - supported upper-level university and graduate school. He stated that the members of the committee "pledge not to walk away after this report is detivered, but with the Council's leader- ship and counsel, pledge to work hand in hand to see these goals become a reality." • • Minutes Regular Council Meeting October 28, 1970 Page 3 Mayor Blackmon announced the Council would hear an appeal from the decision of the Petroleum Superintendent relative to denial of a permit to drill, operate and produce, a well in Drilling Block 0739 on Westchester Drive between Highway 44 and Garfield Drive. City Monger Townsend explained that the appeal is being made by Petro -Search, Inc. with principal offices in Denver, Colorado, and local offices at 740 Wilson Building, and that the letter of appeal had been signed by Mr. Charles J. Smith, agent; and that notice of the hearing had been duly published in accordance with requirements set forth in the Land Drilling Ordinance. Mr. George Prowse, attomey, represented the applicants, and introduced Petro -Search representatives, Mr. Wallace Popejoy, Mr. Charles J. Smith, Agent, and Mr. Richard Phillips, Technical Engineer. Mr. Prowse pointed out the exact location of the proposed drilling site on the map, stating that it was within a residential area and that the drilling site was on property owned by R. H. McLemore. He outlined the nature of the application, explaining that the applicant had filed with the City Petroleum Superintendent an application to drill the subject well on October 16, 1970, and that it had been subsequently denied on the basis that waivers by all property owners of residences lying within the 400' radius had not been signed and submitted with the application in accordance with requirements of subsection 4.3 of Ordinance No. 8879, and that pursuant to Sub -section 5.7, of Ordinance No. 8879, the appeal is being made to the Council. He stated that signatures of all property owners had been obtained within the 400' radius with the exceptions of Mr. and Mrs. Frank A. Ryan, 341 Garfield Drive,and Mr. and Mrs. Milton E. Montgomery, 417 Garfield Drive. He stated they had signed the oil and gas leases but had refused to sign the waivers. Mr. Prowse pointed out that the applicants had demonstrated their good faith in that they had attempted to secure waivers, and had complied with all other provisions of the ordinance, verified by Mr. Franklin. He stated the applicants had attempted to find another drilling site within that block but had not been able to do so. He statjed that $55,000 to $60,000 will be spent in operating equipment to adequately protect the health, safety and welfare of the surrounding area, and that particular emphasis will be on safety since the well will be within the City limits. • • Minutes Regular Council Meeting October 28, 1970 Page 4 Mr. Pkowse pointed out that it is not possible to obtain a permit before leasing, and that some $175,000 to $200,000 had been spent for leasing which represents considerable investment on the part of Petro -Search, He further stated that the area will be fenced; that there will be no permanent drilling improvements; that drilling equipment will be muffled; that barriers will be constructed to protect residences from splash mud which will also serve as a barriek to light and sound; that the floor of the well will be enclosed; and that certain types of operations will be prohibited during night time hours. He stated that every provision of the ordinance will be strictly adhered to, and if it is not granted there will be large number of persons who will not recover their share of the royalties. He further pointed out that it will be to the City's advantage since these wells bring in a very substantial sum of taxes if completed. Mr. Richard Phillips, Technical Engineer, explained safety devices for protection to the public health, safety and welfare; described precautions and machinery to be used in case of bow outs as related to the ordinance, and commented that the ordinance is very specific and thorough in this regard. He stated that the well will not be a directional well and is expected to be a gas well; that if it is a gas well there will be no objectional machinery after completion, and that if it is an oil well the oil products will be trucked out. Petroleum Superintendent Harry Franklin stated his position as mandatory in denying the request, and stated he would answer any questions. Mrs. Milton E. (Mary) Montgomery spoke in opposition to the application, stating that she owns three pieces offrooperty, one sold on contract for deed, one rented, and the other occupied ak her residence. She read a letter signed by herself and her husband, which stated that the devaluation of the property within the 400' radius would be far in excess of the revenue received; that a well at this site would make it difficult to sell or rent property, and that the a noise would be/nuisance. She stated that at the time she signed the leases she was assured verbally that there would be no well drilled in the immediate area. She also presented a petition containing 14 signatures of residents in the area in opposition, stating that they now protest the drilling of a well at the subject location. s • Minutes Regular Council Meeting October 28, 1970 Page 5 City Manager Townsend read the langualge of the waivers, and the question was discussed as to whether or not a person could retract after signing the waiver. It was pointed out that there was no consideration paid for signing the waivers, and that there was no undue pressure used to secure the waivers. Mr. Frank Ryan, 341 Garfield, spoke in opposition, identifying himself as the other resident who had refused to sign the waiver, and stating that he was opposed to a well being drilled anywhere in the City limits, and particularly, at the subject location. He concurred in the statements of Mrs. Montgomery that the nuisances would far outweigh the revenue received; that property values would be decreased; that there would be noise, and that the flames from the gas wells would be objectionable, and hazardous in case of high winds. He stared that Mrs. Montgomery's petition was circulated yesterday, and that if she had had more time, she could have obtained many more signatures. Mr. Robert Erickson, 409 Garfield, spoke in favor of the request, stating that he is the owner of five houses on four lots and lives in one of them within the 400' radius, and stated he does not feel the property values will be decreased, and is definitely in favor of the Council granting the request. Mrs. Levi Materne, 325 Ohio, spoke in opposition, stating that she owns property in the Laguna Madre area, and that she is.: well aware of the nuisances which can be created by the drilling of oil wells in residential areas. In rebuttal, Mr. Prowse reiterated that Petro -Search would strictly adhere to all provisions of the Ordinance which adequately protects the residents regarding health, safety and welfare. He stated that during the drilling process, which would last from 14 to 17 days, there would be some noise, but pointed out that it is not of a permanent nature. City Manager Townsend explained that the area in question is honed "1-2" Industrial District, and that the problems are not as severe as when it is presented in the "R -1B" residential areas, but stated that the zoning ordinance as related to oil and gas operations has never been coordinated.. Motion by de Ases, seconded by Bradley and passed, that the hearing be closed. Motion by de Ases, seconded by Roberts and passed, that action on the foregoing appeal be tabled for further consideration. Minutes Regular Council Meeting October 28, 1970 Page 6 Following a brief recess, Mayor Blackmon reconvened the meeting and called for the City Manager's Reports. Motion by Roberts, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "m be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of Monday, November 30, 1970, 2:00 p.m., be set for public hearings on the following zoning applications: (1) Currie Seed Company - from "R -1B" to "B-4" between South Staples Street and McArdle Road west of their intersections; (2) Russell Cassara- from "R -1B" to "R-2" West right-of-way line of Amber Drive south of Graham Road; (3) E. L. Jackson and Helen Bluntzer - from "A-1" to "B-1" South right-of-way line of Winnebago Street west of Sam Rankin Street; b. That a contract be awarded to Maka,Engineering, North Miami Beach, Florida, for one high pressure air compressor to be used to load fire air breathing masks, for their low bid of $2,450; (Bid Tabulation #42-70) c. That a termination agreement with Southwestern Bell Telephone Company through which the City agrees to use two new switchboards for 60 months or to pay the Company 1/60th of $10,000 for each month not+so used,'be authorized; d. That bids be received on November 17, 1970, at 11:00 a.m., for the following budgeted items: (1) Two portable flame ionization gas detection units. These units are required for compliance with recently enacted Railroad Commission and Federal Safety requirements. (2) Twehty passenger seats for one of the three parlor coaches. These seats will be used in renewing the interior of the oldest parlor coach as set forth in the 1970-71 Budget. (3) One - five -unit gang tractor mower with hydraulic lift. One - 60" self-propelled rotary mower. These mowers ere included in the Park Division 1970-71 Budget. (4) One budgeted skid mounted air compressor powered with a natural gas engine for use by the Gas Division. Furnishing and installing one X-ray unit complete with accessories for food handler and City Employee physical examinations. (6) One 125 DFM Air Compressor to be used by the Street Division. (5) (7) Eight printing calculators and two electronic calculators for various divisions. s • Minutes Regular Council Meeting October 28, 1970 Page 7 e. That the purckaseof an 85 -foot aerial platform fire truck from Snorkel Fire Equipment Company for their low bid of $80,571, be authorized; (Bid Tabulation 043-70) f. That the authority to advertise for bids to be received November 17, 1970, for eight replacement and four additional electric typewriters as budgeted, be granted; g. That a contract be awarded to Heldenf®Is Brothers for the restoration of the eroded beach bank along Ocean Drive for their low bid of $29,800; h. That Sections 26-28 and Sections 26-30 .of the City Code be amended to require the vendor to submit" changes of address, reduce the renewal fee from $50 to $10, and make the bond payable for the use and benefit of the injured party rather than the mayor; (Ord. #9970) i,, That the authority to advertise for bids to be received on November 18, 1970, for painting, repairs, waterproofing, etc., to Transit System Buildings as approved eligible by the Department of Transportation and unrelated to Celia damages, be granted; j. That the authority to advertise for bids to be received on November 18, 1970, to. repair -Transit 'System Buildings damaged by Hurricane Celia, be granted; k. That the authority to execute an agreement with United States Government and Tex-Mex Railway Company for construction of an 8" sanitary sewer under railroad tract at Holly Road and Kostoryz, be granted; (The work has been completed and is serving Cabaniss Mobile Home site) . I. That a no -cost lease of land adjacent to Los Palmas Addition be approved for the duration of the use of the Las Palmas area temporary housing; m. That Bledsoe Aviation be allowed to assign their lease. to Small Business Administration in support of SBA assistanct in financing reconstruction of their Bledsoe facilities. City Manager Townsend presented for third and final reading the following ordinance: ANNEXING TO THE CITY CERTAIN PUBLIC LANDS AND SUBMERGED LANDS BETWEEN THE PRESENT CITY L !MTS AND THE'NFSTFPLY HOPE OF MUSTANG ISLAND AND PADRE ISLAND, INCLUDING PORTIONS OF CORPUS CHRISTI BAY, NUECES RIVER AREA, AND LAGUNA MADRE; AND PROVIDING fOR,SEVERABILITY. Mr. Ed Barfield, Production Supervisor of Humble Oil and Refining Company, and spokesman for oil and gas interests which would be affected by the proposed annexation of certain Bay areas, appeared and spoke in opposition to the passage of the foregoing proposed • • Minutes Regular Council Meeting October 28, 1970 Page 8 ordinance. He outlined the program as proposed by the Oil and Gas Industry of creating industrial districts through contract, which he stated would give the City control over the oil and gas activities but exclude the properties from City taxation. He stated that a tenative draft of the proposed contract, basically covering the City's concern for regulation of the areas, had been drawn and circulated among the affected oil and gas interests, and that there had been no problem in reaching agreement as to the type of contract. He explained that the proposed contract provides for a 5 -year term; provides for payment to cover cost of regulations and continuity of effectiveness in case of subdivisions or re -assignment; and that he feels an acceptable contract can be worked out by the end of the year. Mr. Barfield urged the Council not to approve the ordinance as presented, but that it be modified to exclude the area proposed for Industrial Districts. Mrs. Levi Materne, 325 Ohio, spoke in opposition to the foregoing ordinance, stating that she owns property in the Laguna Madre which is annexed and subject to City taxation, and that she feels other oil and gas interests should be equally taxed. Motion by de Ases, seconded by McDaniel and passed, Roberts and Sizemore voting "Aye", that the description of Area B in 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, and as amended, be and the same is hereby amended by correcting the description as shown on the attached Exhibit "A", which excludes those areas proposed for industrial districts.' (Ord.#9968) ORDINANCE NO. 9968 THIRD READING OF AN ORDINANCE ANNEXING TO THE CITY CERTAIN PUBLIC LANDS AND SUBMERGED LANDS BE1WEEN 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 third time and passed finally as amended by the following vote: Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Lozano voting "Nay", and Blackmon passed. • • Minutes Regular Council Meeting October 28, 1970 Page 9 ORDINANCE NO. 9969 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE OCEAN DRIVE SLOPE RESTORATION -EROSION CONTROL, EAST OF THE OSO BRIDGE; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $31,000, OF WHICH $29,800 15 FOR THE CONSTRUCTION CONTRACT, AND $1,200 IS FOR CONTINGENCIES, ALL APPLICABLE TO PROJECT NO. 220-70-121, SAID AMOUNT ANTICIPATED TO BE REIMBURSED BY THE OFFICE OF EMERGENCY PREPARED- NESS; 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. 9970 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, PARTICULARLY AMENDING CHAPTER 26, ARTICLE III, "ITINERANT VENDORS", SECTION 26-28 - DURATION; REVOCATION; RENEWAL, AND SECTION 26-30 - BOND; PROVIDING PUBLICATION; PROVIDING A SEVERANCE CLAUSE; 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. 9971 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONSENT AGREE- MENTS BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA, REPRESENTED BY THE COMMANDING OFFICER, SOUTHERN DIVISION, NAVAL FACILITIES ENGINEERING COMMAND, AND BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS MEXICAN RAILWAY COMPANY, SAID AGREEMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF AN 8 -INCH SANITARY SEWER FORCE MAIN UNDER THE EXISTING RAILROAD TRACT AT ENGINEERING STATION 350+92 (HOLLY ROAD AND KOSTORYZ), ALL AS MORE FULLY DESCRIBED IN COPY OF EACH CONSENT AGREEMENT 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, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9972 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-155 BY ADDING THERETO AN ITEM 50 A5 TO PROHIBIT PARKING AT ALL TIMES ON THE WEST SIDE OF WEISER ROAD, BETWEEN PADRE ISLAND DRIVE AND HOLLY ROAD; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. 10 Minutes Regular Council Meeting October 28, 1970 Page 10 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 ND. 9973 AMENDING THE CORPUS CHRISTI CITY CODE OF ORDINANCES AS AMENDED, PARTICULARLY AMENDING SECTION 39-8, PERMITTING DUCK HUNTING IN THE LAGUNA MADRE AND PROVIDING FOR EXCEPTIONS FOR THE DISCHARGING OF FIREARMS WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING SEVERABILITY; 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, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9974 REDECLARING, UNDER ARC. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATIONCF THE CITY -HUD CONTRACT OF AUGUST 12, 1970i, 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; PROVIDINL$ 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. 9975 AMENDING SECTION 11-5 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 9915, PASSED AND'14PPROVED BY THE CITY COUNCIL ON SEPTEMBER9, 1970, BY ADOPTING THE APPENDICES TO THE SOUTHERN STANDARD BUILDING CODE, 1969 EDITION, "A", "B", "C", "D", "E", "F", "G", AND "H", CPIAPTER VI, "CLASSIFICATION OF BUILDINGS BY CONSTRUCTION" AND A TABLE 500, "FIRE PROTECTIVE REQUIREMENTS REQUIRED FIRE RESISTANCE IN HOURS", AND BY ADOPTING THE AMENDED APPENDIX "B", "FIRE RESISTANCE RATINGS FOR MATERIALS AND CONSTRUCTION" AS THE SAME APPEARS IN THE 1970 REVISION TO THE SOUTHERN STANDARD BUILDING CODE; PROVIDING A SAVINGS CLAUSE; PRO- VIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed bythe following vote: Blackmon, Lozano, Bradley, de Ase;, McDaniel, Roberts and Sizemore, present and voting "Aye". • Minutes Regular Ctouncil Meeting October 28, 1970 Page 11 The Council discussed at length the City's policy of requiring building permits for reconstruction and repairs to damaged buildings, which policy was resumed on October 12, 1970. Resumption of the policy was questioned by members of the Council, pointing out that permits have never been required for such things as roof repairs, and that the issuance of permits at this time are not serving any purpose since there are not sufficient building inspectors to make inspections following completion of construction, and that possibly the permits should be limited to buildings with structural damage including plunibtng and electrical work. Commissioner Roberts stated that even if the City cannot inspect all completed projects for which permits are issued, the permits provide the City with records and the contractor will always be subject to inspection. Assistant City Manager'j.4rchie Walker stated he would advise against resuming the policy which was put into effect between the date of Hurricane Celia and October 12, stating that such action would be an open invitation for all types of violations. Mayor Blackmon expressed concern as to future problems the City would create if some degree of control is not enforced during this period. City Manager Townsend read from the Building Code which states that building permits are required for all work except maintenance. He stated that he will attempt to draw further refinement of the provision dealing with maintenance to develop some specific guidelines, Further define the works "minor repairs vs. maintenance," and that this would be submitted to the Council for comment. There being no further business to come before the Council, the meeting was adjourned. I, JACK R. BLACKMON, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of October 1, 1970, to October 31, 1970, inclusive, and having been previously approved by Council action, are by me hereby approved. 4/ CK R. BLACKMON, Mayor ity of Corpus Christi, Texas