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HomeMy WebLinkAboutMinutes City Council - 03/18/1964• • PRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 18, 1964 2:00 p.m. City Manager Herbert W. Whitney Ass't City Att'y Robert Young City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend Charles E. Faires, Jr., pastor of Bethany Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Leon, seconded by Young and passed that the minutes of the regular meeting of March 11, 1964, be approved as furnished to the Council. Mayor Barnard read the following proclamations: LATIN MUSIC APPRECIATION WEEK, March 23-29, 1964, accepted by Miss Garcia and Victor Laro Artegore; and HORSE SHOW WEEK, April 6-12, 1964, sponsored by the Gulf Coast Charity Horse Show, Inc. for support of the Ada Wilson Hospital of Physical Medicine & Rehabilitation, Inc. Commissioner Jack R. Blackmon, who is also a lieutenant commander in the U.S. Naval Reserve, was recognized to make a presentation of a plaque presented by the Industrial College of the Armed Forces and the Armed Forces of America in con- nection with the National Security Seminar held in the City February 24 to March 6, 1964, recognizing Corpus Christi for outstanding achievement in bringing about a better understanding and a greater appreciation of the meaning and importance of preserving our nation's security. Mayor Barnard accepted the plaque on behalf of the City, and commended Mr. Blackmon for his efforts in making the Seminar a great success. The bid of American C. I. Pipe Co., the only one received on 7 items of Ductile Iron and/or C. I. Pipe, was opened and read. Bids were opened and read on one Imprinter Detacher and Forms Stacker from the following: Moore Business Forms, Inc.; and Uarco, Inc. The foregoing bids were tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. ! • City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 2 Mayor Barnard announced the pending item of a proposed amendment to the text of the Zoning Ordinance by the addition of a "FR" Farm Rural District, on which a joint public hearing with the Zoning & Planning Commission was held on February 4, 1964° City Manager Whitney explained that the recommendation of the Zoning & Planning Commission vas that the text amendment be approved as submitted; that a proposed ordinance had been prepared reflecting the changes suggested at the Work Shop - deletion of the paragraph under Purpose to encourage farm usage; and adding a provision to allow billboards of standard commercial size of 300 sgoft, as temporary use, allowing 30 days for removal of billboards any time the "FR" zoning is changed to a district designation not permitting the signs, Mayor Barnard declared the matter was before the Council for action, and wouldbe voted on when the proposed ordinance was presented. Mayor Barnard announced the pending item of the appeal of Dr, W. T. Pulliam from the decision of the Zoning & Planning Commission in denying his appli- cation for a Special Use Permit for operation of a trailer park on all of Lot "J", Savage Lane Addition, on which public hearing was held March 11, 1964. City Manager Whitney explained that in line with the Council's sugges- tions, the plan submitted had been modified to allow shell driveways; that the 3 -year limitation, and all other recommended conditions including connection to sewers and compliance with health standards, had been accepted by the applicant; and recommended that the Special Use Permit be approved on this basis, Motion by Wallace, seconded by de Leon that the appeal of Dr, W. T. Pulliam be granted, and a Special Use Permit for the operation of a trailer park on all of Lot "J", Savage Lane Addition, be approved subject to the following con- ditions. (1) that the permit be granted on a temporary basis for a period not to exceed three years; (2) that outside lighting be erected in such manner that it not be detrimental to or project onto adjacent property; (3) that outdoor adver- tising be restricted tc a single square foot identification sign; (4) that all driveway and parking surfaces for the trailer park be constructed of shell sur- facing; (5) -that every trailer space be furnished with a connection to City sewer or a private sewage disposal system approved by the Public Works Department of the • • City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 3 City of Ccrpua Christi in accordance with public health standards and that no community sanitary facilities be permitted; (6) that outside plumbing be prohibit- ed, that all trailers be modern and equipped with minimum features - commode, tub or shower, and sink; (7) that the owner or operator of the trailer park be re- sponsible for the storage and disposal of garbage and refuse; (8) that trailer not be set on permanent foundation and that, wheels not be removed from trailer, so as to permit ready removal at all times; (9) that a minimum open space of 10 feet in depth around each trailer be provided from adjacent property and division lines and that no building or trailer be allowed. to project nearer to front building lines than the established building line in that block; (10) that all plumbing and electrical wiring meet national and local standards for trailer parks; (11) that no more than nine house trailers be permitted on the subject property; and (12) that all other regulations of Trailer Ordinance No, 786 be complied with. Commissioners de Leon, Maldonado, and. Wallace voted "Aye", Commissioner Young voted "Hay", and Commissioner Blackmon abstained. Mayor Barnard voted "Aye" and declared the motion had carried, Mayor Barnard announced the pending item of the application of Humble Oil & Refining Company for a permit to drill and operate a well in Lot 3, Block 41 of the Flour Bluff & Encinal Subdivision, on which public hearing was held March 11, 1964. Motion by de Leon, seconded by Wallace that the application of Humble Oil & Refining Company for a drilling permit with variances be granted as applied for, subject to the designation of an area surrounding said well of a Drilling Block of approximately 40 acres and that said permit contain the following provisions Ap- plicant will idemnify all property owners of surface rights within the designated Drilling Block for any and all dar'ges caused by or as a result of the drilling of the well within said Drilling Block. Applicant agrees that except for the variances herein granted, to conform with all of the provisions of the present drilling ordin- ance. Comniseioner Blackmon vas concerned as to the advisability of designating only one drilling block in this area without doing so for all of the newly annexed area; and as to whether the indemnification requirement would in effect enlarge the • - • City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 4 responsibility of the company to the surface rights owners not existing in the company's long-standing lease. Howard Sudduth, attorney representing the owner of Padre Motel, requested that the indemnification requirement be worded so as to apply to the operation of the well if production is obtained. Mayor Barnard suggested that the motion be amended to read "as a result of the drilling and operation of the well", and the amendment was accepted by the maker and seconder of the motion. Don McReynolds, attorney representing Humble Oil & Refining Company, asked to be recorded as objecting to the indemnification requirement as being un- fair, and that he doubted seriously they would be able to operate under this con- dition. Mayor Barnard explained that during Work Shop discussion it was felt that whatever the rights of the surface owners may be under the terms of the lease, much progress and changes have taken place that require the Council to try to safeguard these people in some way, and to encourage surface use of the land as well as sub- terrainian use. Mayor Barnard called for the vote on the motion as amended, and it carried with no dissenting votes. Mayor Barnard announced the recessed public hearing on the application of Southwestern Oil & Refining Company for the closing of that portion. of Nueces Bay Boulevard between the Missouri Pacific Railroad right of way and the turning basin shoreline, recessed from March 11, 1964. City Manager Whitney reviewed the information presented at the public hearing; explained that at a subsequent conference with the Fire Chief and the applicant's representative, satisfactory details had been worked out whereby the applicant would put up signs to control unauthorized vehicles and pedestrians rather than a barricade or fence so as to allow free access of fire fighting equipment; and recommended that the request for the closing be approved subject to the retention of a permanent fire lane easement, motion by Young, seconded by Blackmon and passed that the hearing be closed. • • City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 5 Motion by Young, seconded by Wallace and passed that the application for the closing of all that portion of Nueces Bay Boulevard lying between the turning basin shoreline and a line across Nueces Bay Boulevard intersecting the east and west boundary lines of Nueces Bay Boulevard at a distance of 627 feet from the points of intersection of the east and west boundary lines of Nueces Bay Boulevard and the north boundary line of the Missouri Pacific Railroad right of way, be closed subject to the retention of a fire lane easement. Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by de Leon and passed that Items "a" and "b" of the City Manager's .Reports be accepted, and the recommendations and requests be approved and granted, as presented, as follows; a. That the plans and specifications for construction of the South Staples Street Interceptor Sewer, Pump Station, and Force Main be approved; and that authority to advertise for bids to be received on April 8, 1964, be granted; b. That the award of bid on three 30" Reel Mowers be made to Watson Distributing Company in the amount of $1613.70. (Bid Tabulation #14) Item "c" of the City Manager's Reports with respect to 5 applications for Interim Zoning Permits were acted on separately, as followso Motion by Wallace, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the request of D. D. Deets for an Interim Permit to locate a mobile home for residential use on Lot 6, Block 1, Laguna Heights (unrecorded), at 2602 Tulaine, be denied on the basis that establishment of trailer used in this area would be detrimental to adjacent prop- erties. Motion by Wallace, seconded by de Leon and passed that the recommendation of the Zoning & Planning Commission be concurred in, and the request of Edward D. Donoghe for an Interim Permit to locate a mobile home for residential use on Lot 40, Block "K", Flour bluff Estates, at 902 East Lakeside, be approved subject to the site plan as presented by the applicant. Motion by Young, seconded by de Leon and passed that the recommendations of the Zoning & Planning Commission be concurred in, and the request of M. E. Foy for an Interim Permit to locate a mobile home for night watchmen's quarters on a • City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 6 portion of Lot 5, Section 3, Bohemian Colony Lands, at 5640 Ayers, be approved; and the request of Jose Quesada and Billy Burton for an Interim Permit to erect a 10' x 22' public weighing scale on Lots 11 & 12, Block 1, McNorton Subdivision, at 1710 Clarkwood Dr., be approved. In connection with the request of Fred L. Aldridge for an Interim Permit to erect a 20' x 50' one-story open frame stable on Lot 2, Block 1, Lakeview Acres, at 6832 Lakeview Drive, which was recommended by the Zoning & Planning Commission for denial on the basis that it constitutes new construction and would be more appropriately processed as an application for permanent zoning, Don Fisher, rep- resenting the applicant, Fred Le Aldridge, applicant, and his sister, Mrs. Marie Colson, all spoke in support of the request on the basis that the applicant desires to put a roof on the stables he started before the annexation and was not able to complete due to his physical condition following an accident; that Mrs. Colson bought the ponies from Boys' City for her children to ride, and that although she is selling two of them which her children are not able to ride, and although Mr. Aldridge has sold one horse to Sheriff Mitchell, this is not a commercial operation, but private stables, and they do not rent or board other people's horses; and that several of the families in the area own and keep as many as 50 horses on their properties in the area; and that the property has been inspected often by the Health Department. Dr. H. N. Siemer appeared and spoke in opposition to the request on the basis that the applicant was in violation of the deed restrictions on the property; that the "For Sale" signs are evidence that this is a commercial operation in a residential area; that the operation is not sanitary; and that he is opposed to its continuation. He presented a petition in opposition to the operation which he stated was signed by every resident owner of Lakeview Acres Subdivision, with one exception. Commissioner Wallace felt that the basis of the opposition to the request of the applicant seemed to be an objection to keeping horses in the subdivision, which is not the issue before the Council. He suggested that the City Manager furnish a report as to whether or not the various City departments concur that the use as presently engaged in is a Lawfuluse, and moved that the matter be tabled City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 page 7 until the Council received such a report from the City Manager. Commissioner de Leon felt this was not a case of whether or not the stables should be there in the first place, and was inclined to recommend the approval of the permit in accordance with the Council's policy with respect to construction commenced prior to annexation, but that he would like to hear from the City Staff first. Commissioner Maldonado seconded the motion to table the matter until further information was furnished by the City Manager. Commissioner de Leon reminded the Council that approval or denial of the permit would not remove the horses from the property. Commissioner Wallace withdrew his motion, and Commissioner Maldonado accepted the withdrawal. Mayor Pro Tem Young felt that the matter of whether or not the horses were being kept on the property in compliance with the City's Livestock Ordinance should be determined, but that if the structure had been commenced prior to annex- ation, the Council has no choice but to grant him permission to complete his structure; and that the matter of the deed restrictions does not come under the jurisdiction of this Council. Motion by Wallace, seconded by Maldonado and passed with Commissioner Blackmon abstaining, that the matter of the request of Fred L. Aldridge for an Interim Permit be tabled for further study. Commissioner Blackmon asked that the minutes reflect that he had abstained from taking any part in the discussion or action of the foregoing matter since he has represented Dr. Siemer in the past, but that he had not disqualified himself. Mayor Pro Tem Young suggested that the matter be acted upon at next week's meeting. A proposed ordinance amending the Zoning Ordinance so as to increase the zoning districts by the addition of a new district to be designated "FR" Farm Rural District, was discussed. Commissioner Blackmon stated he had some reserva- tions about creating this district in that it is emulating other cities that do not have the same problem we have; that creation of this district does not meet any farming problems of this City; that we should move and encourage the ceasing • _ . City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 8 of farming within the City limits E0 that property will be developed; that if most of the vacant land is classified in this district it will mean delay, expense, and additional red tape before ;?.evelopment can take place, Mayor Barnard felt that the creation of this district allowed some pro- tection to an individual desiring to farm his land, and provided for the orderly growth and development of the it Commissioner Wallace agreed with Commissioner Blackmon, and felt the City has the ability to regulate these lands with the exist- ing ordinances and there is no need to create an additional district, the effect of which would be only to affect the tax rate on the property. Commissioner de Leon felt that the creation of the "PR" district was a sound, sensible, and realistic approach since we have zoning districts; that the value of the land is based on its highest and best use, not on i+•s lesignation. Bill Read, property owner, stated he owned 40 acres of land that was re- cently annexed into the City for which he plans a residential subdivision and under the existing ordinance already has the "R -1B" zoning he desires and needs, and he was very definitely opposed to its designation as farm land just because it is presently so used, onthe basis that this Council and this Zoning & Planning Com- mission encourage development, 'tut that some future governing bodies might not con- tinue the same policy. Mayor Barnardreminded the audience that the creation of a new district at this time did not make any change in the zoning map, but only amended the text of the ordinance, and that before the zoning map is changed, each and every prop- erty owner will be given the opportunity by both the Zoning & Planning Commission and the Council to make their plans and desires known, and that the designation of "FR" zoning is primarily to discourage premature development. ORDINANCE NO. 7177 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEA_RB G 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING SECTION 4-1 OF ARTICLE 4, SO AS TO INCREASE THE ZONING DISTRICTS TO BE EIGHTEEN (18) IN NUMBER, BY THE ADDITION OF A NEW DISTRICT TO BE DESIGNATED "F -R9 FARM -RURAL DISTRICT"; AND ADDING A NEW ARTICLE TO BE DESIGNATED AS ARTICLE 4AFR, ESTABLISHING SAID DISTRICT AND SETTING FORTH THE REGULATIONS PERTAINING TO SAME; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ANC DECLARING AN EMERGENCY. • City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 9 The Charter rule was suspended by the following vote; Mayor Barnard, Commissioners Young, Blackmon, de Leon, and Maldonado all present and voting "Aye", Commissioner. Wallace voting "Nay", and Commissioner Roberts absent. The foregoing ordinance failed to pass by the following vote: Mayor Barnard, Commissioners Young, and de Leon voting "Aye", Commissioners Blackmon, Maldonado, and Wallace voting "Nay", and Commissioner Roberts absent. In answer to a question from the audience, Mayor Barnard explained that the foregoing ordinance had failed to pass since it requires a majority of affirm- ative votes to become effective, but that it can be legally presented again at any future meeting, and that it is possible that the vote of the full Council could change the action, Commissioner de Leon requested that the matter be submitted for attention of the Council at their next meeting. ORDINANCE No. 7178 AMENDING THE MAP OF THE CITY DESIGNATED AS "CORPUS CHRISTI DRILLING BLOCKS, MAY 31, 1956", BY ESTABLISHING A NEW DRILLING BLOCK DESIGNATED AS "BLOCK 1533", HEREIN- AFTER MORE FULLY DESCRIBED; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, and Maldonado all present and voting "Aye", Commissioner Wallace voting "Nay", and Commissioner Roberts absent. The foregoing ordinance was passed by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Wallace all present and voting "Aye", and Commissioner Roberts absent. FIRST READING OF AN ORDINANCE GRANTING A FRANCHISE TO SOUTHWES'WJ N OIL & REFINING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE CERTAIN PIPELINES WITHIN SPECIFICALLY DESIGNATED LOCATIONS BENEATH AND EXTENDING ACROSS WEST BROADWAY STREET AND NORTH PORT AVENUE, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS AND TO USE SUFFICIENT PORTIONS OF THE RIGHT OF WAY OF SAID STREETS AS IS NECESSARY FOR THE LAYING OF SAID PIPELINES; PROVIDING FOR THE FILING OF PLANS AND SPECIFICATIONS AND OBTAINING OF PERMITS FROM THE DIRECTOR OF PUBLIC WORKS FOR CONSTRUCTION WITHIN THE SAID RIGHT OF WAY; PROVIDING THAT THE USE OF SUCH RIGHT OF WAY UNDER SUCH FRANCHISE SHALL BE IN SUCH MANNER AND IN SUCH PLACES AS NOT TO INTERFERE WITH THE USE OF SAID STREETS BY THE CITY OR THE INHABITANTS THEREOF; PROVIDING FOR THE FORFEITURE OF THE FRANCHISE IN CASE OF FAILURE ON THE PART OF GRANTEE TO OBSERVE TERMS MW RESTRICTIONS CONTAINED IN SAID FRANCHISE AND THIS ORDINANCE; PROVIDING FOR PUBLICATION AND SET- TING FORTH OTHER PROVISIONS PERTAINING TO THIS FRANCHISE, The foregoing ordinance was read for the first time and passed to it's second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado, and Wallace all present and voting "Aye", and Commissioner Roberts absent. • • City of Corpus Christi, Texas Regular Council Meeting March 18, 1964 Page 10 City Secretary Kring presented and read a petition of approximately seven property owners abutting North Staples Street, between Kinney Avenue and Leopard Street, requesting the City to include a sufficient amount of money in the forth- coming bond issue for the proposed widening of North Staples Street to 60 feet. (Petition #5). The foregoing petition was received for consideration. Motion by Wallace, seconded by Maldonado and passed that the absence of Commissioner W. J. Roberts be excused for cause. Motion by Young, seconded by Maldonado that a Charter Amendment Committee be appointed to consider any needed changes or additions in the City Charter pro- visions. There being no objections, Mayor Barnard declared the Chair would be open at any time for appointments to such a committee. Commissioner Blackmon requested that the Council recognize at next week's regular meeting, the outstanding achievements of two of the City's high school students in being named two of the top three winners in the Science Fair awards that began Monday of this week. There being no further business to come before the Council, the meeting was adjourned.