HomeMy WebLinkAboutMinutes City Council - 03/18/1964•
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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.