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HomeMy WebLinkAboutMinutes City Council - 04/21/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 21, 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 George Butchee of St. John's Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Recessed Meeting from March 29 to March 31, at 11:00 a.m., in the City Manager's Office; the Regular Meeting of March 31, and the Regular Meeting C! April 7, 1971, were approved as submitted to the Council. Mayor Blackmon announced the opening of bids. One bid was opened and read by City Engineer Gerald Smith for the improve- ment of Ayers Street from Norton to Port Avenue, a portion of Horne Road, the inter- sections of Port and Ayers, Alameda and Everhart, Ayers and Baldwin, and Santa Fe and Booty, from Heldenfels Brothers. The foregoing bid was tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon announced the public hearing for the closing of Heinley Street between Cleo Street and Morgan Avenue, being adjacent to Lot 1, Block 20, Segrest Addition. City Manager Townsend pointed out on a map the location of the portion of Heinley Street proposed to be closed, and also presented pictures provided by the Public Works Department of residences and places of business now existing and using the street. He explained that the request came by letter from Dr. P. Jimenez which stated that he had plans to construct an office building, and that due to the irregular shape of his lots, was experiencing difficulty with design and arrangement of the required number of parking spaces. He stated that the proposal had been routinely circulated to the various City Departments and Divisions, and that the position of the Staff is basically that it would be in the best interest of the community to close • • Minutes Regular Council Meeting April 21, 1971 Page 2 the street from the standpoint of creating a better traffic pattern since the point at which Heinley Street intersects Morgan Avnue is also the intersection of Crews Street which creates a hazardous intersection at this point, and if there are no objections received from the abutting property owners and if they could continue to utiliize and have access to their lots off Heinley Street with the benefit of half a street whichwouldrevert to them as a result of the closing. He explained that there is a 4 -inch water line in that portion of Heinley Street and that an easement would have to be retained for this line with building restricted from the easement, or the owner be willing to pay the cost of relocating the line. He stated the applicant had sent word that he would be unable to attend the hearing, but had provided plans of how he proposed to develop the property. Attorney Virgil Howard, 3150 South Alameda, spoke in opposition on behalf of Mr. Ronnie Breslau, owner of adjacent property on Heinley Street presently in use as a warehouse and lounge. He stated the street is an extensively traveled public thorough- fare and its closing would deprive his client of owning a corner lot. He stated it would be impractical and probably illegal to close the street to benefit private interests; that the proposal would be unsatisfactory to his client and the other abutting property owners, and that based on the City Manager's recommendation, could not be permitted. Mr. V. A. Rose, 2209 Cleo, spoke in opposition stating it would create a traffic problem at the shopping center on Morgan Street. He submitted a petition containing 17 signatures of property owners in the area in opposition to the proposed closing. Attorney Travis Peeler spoke in opposition on behalf of the tenant of Coin Machine Service at 2413 Heinley, stating the tenant has a leashold interest in the warehouse, and the closing of the street would interfere with his access to the ware- house. A representative of C.C. Novelty Company spoke in opposition to the proposed closing stating that it would block his access to the parking lot. Motion by Bradley, seconded by Roberts and passed, with de Ases abstaining, that the hearing be closed. Motion by Bradley, seconded by Roberts and passed, with de Ases abstaining, that the request of Dr. P. Jimenez to close Heinley Street between Cleo and Morgan, adjacent to Lot 1, Block 20, Segrest Addition, be denied. • Minutes Regular Council Meeting April 21, 1971 Page 3 Mayor Blackmon announced the informal public hearing for consideration of the City's position relative to the request of PPG Industries, Inc. Chemical Division, for two solid waste disposal sites. City Manager Townsend explained the process by which the matter had reached the Council, stating that the application had been made to the Texas Water Quality Board, and that the Board requests comments and recommendations from the Council before that agency acts on the application. Mr. Townsend explained that PPG has submitted a copy of the request for non-commercial industrial solid Waste registration for two sites, giving full details of the request, a copy of which had been furnished the Council. He pointed out on an aerial photograph map the location of the two sites, and explained how treatment and industrial waste and disposal waste is handled, stating it can be used for land fill purposes. Mr. Hayden Head, Mr. Gus Heineman and Mr. Darrell Jones, representatives of PPG Industries, Inc., appeared in support of the application. Mr. Head explained that both sites were on PPG Industries property north of the City Limits; that Site No. 1 covers an area bordered by the Ship Channel on the north, Navigation Boulevard on the west, the Missouri Pacific Railroad tract on the south and Cantwell Lane on the east; & that Site No. 2 is located on the east side of PPG Industrial Plant and along the Ship Channel south of Navigation District. He stated these two sites have been used for several years and are readily visible from the ground. Mr. Head explained the Legisa- ture's distinction between industrial waste and municipal waste, and the distinction of the term "permit" and "registration", and stated that the Legislature, in order to avoid public hearings, had provided that there would be no permit procedure for on-site disposal of industrial waste. He explained that registration was for the purpose of making the Board aware of what is going on on the applicant's property, with provision that affected parties and agencies be notified with freedom to make comment. Mr. Head suggested that this procedure be followed by the City when notices of these applications are received from the Texas Water Quality Board; that the City StAff investigate the physical features surrounding the application, and if it is determined that public property Would be endangered, of if for any other reason the application should not be granted, then advise the City Council accordingly, and a hear- ing could then be held, but if the Staff determines property would not be endangered, a report of their investigation be made to the Texas Water Quality Board. • Minutes Regular Council Meeting April 21, 1971 Page 4 i City Attorney Jim Riggs stated he was in agreement with Mr. Head's comments relative to permits procedure as distinguished from registration procedure, and his identification of on-site solid waste disposal. He stated it was his opinion that there is no necessity for public hearings by the City Council in these cases. City Manager Townsend stated that Public Health Engineer A. L. Cock had sub- mitted a report of the Staff's investigation in which he stated that the Texas Water Quality Board now has jurisdiction of all sanitary land fills and solid waste disposal areas; that registrations are required for protection of underground aquafers and any adjacent surface waters from contamination, and that no reason was found to object to this application for registration of PPG Industries and that there will be no public hearing before the Texas Water Quality Board in Austin. No one appeared in opposition to the foregoing application. Motion by Sizemore, seconded by Roberts and passed, that the hearing be closed. Motion by Roberts, seconded by Bradley and passed, that the recommendation of the Staff be concurred in and that a communication be forwarded to the Texas Water Quality Board that the City sees no possible harm as a result of PPG Industries, Inc. continued operation of the two solid waste disposal areas described in the application. Commendation Certificates were presented to Mr. Gonzalo Rodriguez and Mr. Simon Chavez, who were honored for heroism in the rescue of two-year old Casandra Taylor and four-year old Darrell Taylor from a burning automobile on March 10, 1971, endangering their own lives in the act. The two men were introduced to the Council by their employer, Mr. Robert W. McCustion, president of the Memorial Medical Center. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Sizemore and passed, that the City Manager's Reports, Items "a" through "e" be accepted, and that the requests and recommendations be granted and approved as follows: a. That plans and specifications be approved for the Brownlee -Leathers Area Drainage System, and that bids be received May 12, 1971; (The project includes approxi- mately 1,000 feet of double 6' x 3' concrete boxes and 400 feet of 42 -inch pipe from John Street in Hillcrest to the Salt Flats Ditch and approximately 20,000 square yards of concrete ditch lining from the Leathers Housing Center to the Ship Channel - bonds were voted in February 1970 to eliminate flooding in the Leathers Area and at the Buffalo -Brownlee -Interstate 37 Crosstown Intersections); • Minutes Regular Council Meeting April 21, 1971 Page 5 b. That plans and specifications for the Hillcrest Area Neighborhood Improve- ments -be approved for submittal to the Department of Housing and Urban Development; (This project includes 136 blocks of 9,6 miles of curb and street improvements; ell underground improvements are being revised so that the area will be fully served by storm and sanitary sewers; sidewalks have been designed to save trees where possible; Nueces Street will be relocated to connect with Winnebago; and Minton Street will be closed between Peabody and Kennedy to allow for the extension of Hillcrest to Crossley School); c. That the appeal of Mrs. Nell Cherry Jones from the requirements of the Planning Commission for the approval of Guth Parkside Annex, Block 1, Lots 7 & 8, be set for May 5, 1971; d. That plans and specifications for Celia Repairs to the Police Station be approved and that bids be received on May 19, 1971; (95% of the cost of the work is covered by insurance, and the work includes roof repairs in addition to Celia Damages); e. That the appointment of Mr. Lewis W. Hennings, II1, to the position of Building Official (Grade 33C), to report to work May 17, 1971, be approved and con- firmed. ORDINANCE NO. 10243 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 70 AND PUBLIC LAW 875, U.S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, 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 SEVERA- BILITY; 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. 10244 THIRD REAPING OF AN ORDINANCE AMENDING SECTION 21-72 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 7693, SO AS TO ADD SUB- SECTION (C) TO SECTION 21-72 SO THAT WHENEVER ANY STREET HAS BEEN DIVIDED TO PROVIDE A CONTINUOUS LEFT TURN LANE SO MARKED, THE DRIVER SHALL NOT DRIVE INTO THE CENTER LAND EXCEPT IN PREPARATION FOR A LEFT TURN WHEN SUCH CENTER LANE IS CLEAR OF TRAFFIC WITHIN A SAFE DISTANCE, AND THE DRIVER HAS FIRST ASCERTAINED THAT SUCH A TURN CAN BE MADE WITH SAFETY; THE MAXIMUM SPEED LIMIT IN SUCH LANE SHALL BE TWENTY (20) MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE, • Minutes Regular Council Meeting Aparil 21, 1971 Page 6 The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye." RESOLUTION NO.10245 AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION AND FILE SAID APPLICATION IN THE APPROPRIATE STATE OFFICE FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSIS- TANCE UNDER THE FEDERAL DISASTER ACT (PUBLIC LAW 875, 81ST CONGRESS, AS AMENDED, AND PUBLIC LAW 79, 91ST CONGRESS); 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." There being no further business to come before the Council, the meeting was adjourned.