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HomeMy WebLinkAboutMinutes City Council - 02/03/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 3, 1971 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 the Reverend F. A. Higgins of St. Cyril and Methodius Catholic Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of January 20, 1971, were approved as submitted to the Council. Mayor Blackmon reported that proclamations had been declared relative to the following: AMERICAN HISTORY MONTH, February, 1971; NATIONAL CHILDREN'S DENTAL HEALTH WEEK, February 7 through 13, 1971; and NATIONAL CLERGY WEEK, January 31 through February b, 1971. Mayor Blackmon recognized the Student Council of Coles Junior High School and presented Certificates of Attendance to the following: Robert Ramirez, David Janes, Mary Ella Martinez, Connie McCoy and Maynard Tilley. The students were accompanied by their sponsor, Dolores Obermiller. Mayor Blackmon called for the opening of bids. Bids were opened and read by Public Works Director Jack McDaniel for Sanitary Sewer Adjustment for State Highway 358 from State Highway 286 to I.H. 37, from the following firms: Heldenfels Brothers; Maverick Construction Company; Arnold & Associates; Cactus Utility Company; Burtex Constructors; and W. T. Young Construction Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recom- mendation. Mr. McDaniel opened and read the following bids for construction of Parking Lot Improvements for the City Swimming Pool and the Police Station: Surf - Tex Construction Company; Asphalt Paving Company; Asphalt Maintenance; Chapman Construction; and South Texas Construction Company. • Minutes Regular Council Meeting February 3, 1971 Page 2 The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommenda- tion. 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 "p" be accepted, and that the requests and recommenda- tions be granted and aQproved as follows: a. That the date of March 1, 1971, at 2 p.m. be set for public hearings on the following zoning applications: (1) The City of Corpus Christi - from "R -1B" to "I-2" on the southwest corner of Sacky Drive and Richter Street; (2) Dr. M. B. Pigott, Jr., et al, from "B-1" to "B-4" on the southeast corner of Gollihar Road and South Staples Street; (3) George Hartofilax, from "k -1B" to "B-4" on the east right-of-way line of Old Robstown Road, north of Agnes Street; and (4) Ricardo Gonzalez, from "R -1B" to "B-1" on the northwest corner of Gollihar Road and Spring Street; b. That a contract be awarded to Allied Fence Company of Corpus Christi, for the low bid of $1,896.00 to furnish and install 1750 feet of Chain Link Fence at the Oso Golf Course; c. That the Ocean Drive Slope Restoration (Erosion Control) be accepted and that payment of $26,200 from previously appropriated funds be made to Helden- fels Brothers, quantity variations having reduced the contract of $29,800 by $3,600; d. That the Airport Industrial Park Lift Station be accepted and final pay- ment in the amount of $4,637.26 from previously appropriated funds be made to the contractor Slovak Brothers; e. That repairs to the Holly Road Water Reservoirs damaged by Hurricane Celia be accepted and that payment of $49,956 be made to Bartex, Incorporated; f. That $375 be appropriated from the Sewer Bond Fund for the completed appraisal by Mr. Roy Temple of Parcel #49 for the Oso Sewage Treatment Plant Site expansion; g. That allocations be made from the Celia Trust Fund as follows: (1) County Welfare - to be used for school supplies, $43.00; (2) County Welfare-- Help Celia victims, $511.90; and (3) Radio Equipment for amateur communications at Civil • Minutes Regular Council Meeting February 3, 1971 Page 3 Defense Headquarters, $1,000.00, for a total sum of $1,554.90; (Items 1 and 2 reflect more than 20 individual and group gifts; Item 3 includes $497.75 from the people of Yazoo County, Mississippi, and a portion of the gift of local Ford Dealers); h. That a 5' easement between Block A and Lot 1, along the side of Block A, and along the rear of Lots 1 thru 5 of Block 2 South Aires Subdivision #1, be aban- doned upon dedication of a substitute 10' easement perpendicular to Ayers Street along the south side of the proposed Lot 11, Block 2; i. That the plans and specifications for the extension of Sanitary sewer laterals in Rolling Acres Subdivisions 1 and 2 and the extension of sewers along Terminal Street and Navigation Boulevard, be approved and authority to receive bids February 24th be granted; j. That the plans and specifications for she Hurricane Celia damage repairs Terminal Building, Control Tower, and International. to the International Airport/Arrivals Building, be approved and authority to advertise for bids to be received on February 24th be granted; k. That the plans and specifications for Celia damage repairs to West Guth Park Comfort Station #1 be approved and authority to advertise for bids to be received February 24th, be granted; 1. That the plans and specifications for repairs to ten fire stations be approved and authority to advertise for bids to be received February 24th, be granted; m. That an informal public hearing be held on February 17, 1971, to consider the City's position relative to the request of Coastal States Petrochemical Company to drill five injection wells for industrial waste water disposal; n. That a public hearing be held on February 17, 1971, on the request of Dr. P. Jimenez to close a 36.955 section of alley between Heinley Street and Morgan Avenue; o. That the date of February 17, 1971, be set for a public hearing on the closing of an alley between Lots 9A and 10, and Lots 1 through 8 of South Park Addi- tion; p. That the appointment of James H. Avant be confirmed as Chief of Police. City Manager Townsend presented pending items and the following actions were taken: Motion by Sizemore, seconded by Lozano and passed, that the recessed public hearing relative to Urban Renewal be further recessed for one week. • Minutes Regular Council Meeting February 3, 1971 Page 4 Motion by McDaniel, seconded by Roberts and passed, with de Ases voting "Nay" that the recommendation of the Planning Commission be concurred in and that Application #171-1, Southwestern Oil & Refining Company, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lots 5 through 15, Block 5, Sunset Place, located in the 1700 Block of Floral Street between Moore and Nueces Streets, be approved as requested, and that an ordinance be brought forward effectuating the change. Commissioner de Ases stated that his negative vote on the foregoing zoning application was based on his conviction that the Council has a moral obligation to preserve the zoning concept established in 1968 implementing a federally assisted neighborhood improvement program in this area; his concern that the majority of the residents had not agreed to the requested change despite Southwestern Oil & Refin- ery's efforts to try to reconcile the differences; that he had not had adequate opportunity to review all the material made available to him by the City Manager; and that he is opposed to the request until such time as the Staff, applicants, and residents of the area have reached an arrangement suitable to all parties concerned. City Manager Townsend reported that suggested revisions to the pending proposed ordinance amending the Southern Standard Building Code, which has passed its second reading, have been compiled. He stated the proposed revisions are the result of considerable study and some lengthy discussions, and could either be submitted to the Council as a motion to amend at this meeting and made available for comments and suggestions before its third and final reading next week, or the revisions could be incorporated into the ordinance and submitted as a motion to amend immediately prior to its final reading next week. The Council agreed that the Legal Staff should prepare the amended ordinance according to the proposed revisions and submit to the Council for study at next week's workshop meeting, and that the ordinance be presented for third and final reading next week. City Manager Townsend presented and briefly discussed the proposed ordinances for Council action. Relative to the ordinance granting to Southwestern Oil & Refining Com- pany "AB" Professional Office District zoning on Lots 5 through 15, Block 5, Sunset • Minutes Regular Council Meeting February 3, 1971 Page 5 Place, Mrs. Robert Clark, representative of the League of Women Voters, appeared and stated that that organization wished to go on record opposing the passage of this ordinance or any other action of the Council which would in any way affect the concept or full development of the Code Enforcement Program in the Hillcrest Area. City Manager Townsend explained that the requested change would constitute a modification of one bock of the plan, but would not affect or violate any of the contracts with the federal agencies involved; that it will only affect the properties in this particular block, and that the decision before the Council at this time is whether or not the requested change would affect the properties immediately surround- ing this block. In answer to a question of Mrs. Clark, Mr. Townsend stated that the Southwestern Oil & Refining Company property has been zoned for business for as long as he could remember and that the company could pursue any development which falls under the zoning classification of "AB" including the construction of a three-story office building. Mr. J. Preston Pullam, 1421 Stillman, stated the residents of the Hillcrest area are still very much opposed to the zoning change and urged the Council to "do some soul searching" before approving this ordinance. He stated that since the public hearing of January 13, 1971, residents of the Hillcrest area had convened in large numbers and were definitely opposed to the change of zoning. Attorney William Shireman, appeared and inquired if there had been any evidence submitted since the hearing other than what was presented at the hearing, and if so, had the evidence indicated that the granting of this zoning request would aid or improve the general health, welfare and safety of the area, stating that it is his interpretation of the law that in approving an amendment to the zoning ordinance to change an accepted plan, the action must relate to this aspect. He further,. inquired if the ordinance granting the amendment contained an emergency clause, and if so, what was the basis for the emergency; whether or not a commitment, other than a statement, had been obtained as to deed restrictions that the building would not be more than a two-story building; and inquired if the Staff had changed its views sine the public hearing. Mrs. James C. Scott, 553 Handover, questioned whether or not each indivi- dual Councilman had read a file of information on the Neighborhood Improvement Minutes Regular Council Meeting February 3, 1971 Page 6 Program of which Commissioner de Ages had referred. She filed with the Council a map supplied by the Navigation District showing property holdings of Southwestern Oil & Refining Company to support comments that the proposed development could be located elsewhere, and stated she Was not satisfied With Mayor Blackmon's answers to Mr. Shireman's questions. Mayor Blackmon stated that his decisa'on in this rase, asaa11 other cases, is based on evidence presented at the public hearing and often by personally viewing the area on the ground with the view of the effect the zoning would have on the community. He stated that to his knowledge there is nothing in the folders of the Councilmen or on their persons any information which is not of public record; stated that he had discouraged discussions relative to the subject matter, and it had been necessary to terminate some telephone conversations since the hearing for this reason. He repinded those who wished to speak that this is not a proper forum for.another publie hearing since it *ould be without due process of legal procedures, and asked that comments be confined to reasops"why this ordinance should or should not be.approved. Mayor Blackmon stated that the Council had been subjected to various accusations, implications of dishonesty and criticisms, during and after the public hearing, all of which they had tried to cast aside, but advised Mrs. Scott that she could be the mason for some vote'k lost - that he found no merit in her objections. City Manager Townsend stated that the Council had viewed the document referred to by Commissioner de Ases and that it is a matter of public record. He reviewed the background of the applicant's property with respect to zoning in rela- tion to the Hillcrest zoning hearing, pointing out that they were asked to agree to downzone "their property at that time. He further pointed out that the present zoning does allow.c'bnntruction of a three-story building 45 feet high. Mr. Shireman stated that his questions were not meant to impugn the Council, but that if it became his obligation to be involved in a law suit in this cane, he wanted to be sure whether or not the Coaq;i4gwas basing its decision on information heard at the public hearing or otherwise. Kis. Eli t]aterne, 325 Ohio Street commented that the property of South- western Oil & Refining Company is well kept, that the proposed development would be a credit to the neighborhood, and that if she were a resident in that area she would not object to it. Minutes, Regular Council Meeting February'3, 1971 Page 7 ORDINANCE NO. 10090 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 ACCOMMO- DATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE TI -E 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". RESOLUTION NO. 10091 EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER SECTION 301 OF PUBLIC LAW 89-136 FOR A FEDERAL GRANT FOR TECHNICAL ASSISTANCE IN THE CONDUCT OF A STUDY TO DETERMINE THE RESOURCES AVAILABLE AND TO FORMULATE A PLAN FOR THE ALLEVIATION OF PROBLEMS IN THE FIELDS OF HOUSING AND EMPLOYMENT. The Charter Rule was suspended and the foregoing risolutioniwas passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". RESOLUTION NO. 10092 RESOLUTION OF CITY OF CORPUS CHRISTI APPROVING THE PREPARATION OF A COMMUNITY RENEWAL PROGRAM FOR CORPUS CHRISTI, TEXAS AND THE FILING OF AN APPLICATION FOR A FEDERAL GRANT TO ASSIST IN FINANCING ITS PREPARATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolut:i.onwas passed by the following vote: Blackmon;,ozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". RESOLUTION NO. 10093 APPROVING AND CONFIRMING THE APPOINTMENT OF JAMES H. AVANT TO THE OFFICE OF CHIEF OF POLICE OF THE CITY OF CORPUS CHRISTI, TEXAS; 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, Roberts and sizemore, present and voting "Aye". • Minutes Regular Council Meeting February 3, 1971 Page 8 ORDINANCE NO. 10094 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $375 FOR APPRAISAL SERVICES RENDERED BY ROY L. TEMPLE, SRA IN CONNECTION WITH THE OSO SEWAGE TREATMENT PLANT LAND ACQUISITION, PROJECT NO. 250-61-25.5; 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. 10095 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 SOUTHWESTERN OIL & REFINING COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5 THROUGH 15, BLOCK 5, SUNSET PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISARICT TO "AB" PROFESSIONAL OFFICE 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 was passed by the followingt vote: Blackmon, Lozano, Bradley, McDaniel, Roberts and Sizemore, present and voting "Aye"; de Ases voted "Nay". City Manager Townsend reported that the National Municipal Finance Officers Association had formally commended the City of Corpus Christi for the quality of its annual financial report, and that a Certificate of Conformance had been awarded to Finance Director Harold Zick saying theh-eport is in keeping with standards established by the Municipal Officers Association, and one of the best they had had the pleasure of reviewing. There being no further business to come before the Council, the meeting was adjourned.