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HomeMy WebLinkAboutMinutes City Council - 02/17/1965• CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 17, 1965 2:00 p.m. PRESENT: Mayor James L. Barnard Mayor Pro Tem Jim Young Commissioners: Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend William G. Birkner, Pastor of Grace Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Barnard recognized and welcomed as special guests of the Council, representatives of the Student Council of Calallen Senior High School; and Mayor Pro Tem Jim Young presented Certificates of Attendance to the following, designat- ing them as Honorary Junior City Commissioners: Gary Slusher, Randy DeLay, Mike Heil, Sammy Jones, and Pat Cahill. Mayor Barnard read and presented proclamations relative to the following; NATIONAL ENGINEER'S WEEK in Corpus Christi, February 21 - 27, 1965, accepted by Jack Chesney; and BROTHERHOOD WEEK in Corpus Christi, February 21 - 27, 1965, accepted by J. B. Trimble. Mayor Barnard announced the pending item of Application #1264-5, Billy L. Weir and W. H. Stahl for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the northerly 54' of Block "U" and all of Blocks "V" and "W," Lexington Place, on which public hearing was held February 10, 1965, and action on which was tabled for one week. Motion by Blackmon, seconded by Roberts that the recommendation of the Zoning & Planning Commission be concurred with to the extent of the full length on Kostoryz and 150 feet down McArdle, and that an ordinance be brought forward reflecting a change of zoning from "R -1B" to "B-1" on this portion of the subject property. In discussing the motion Commissioner de Leon suggested a special Council permit for the proposed filling station rather than the "B-1" zoning, although he City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 2 felt the property was not particularly a good location for the proposed use due to the proximity to the church and two schools and the additional traffic problems; and felt that some of the uses permitted in a "B-1" District would not be compatible to the neighborhood due to the possible sale of alcoholic beverages. Commissioner Blackmon stated that the applicant had stated he was willing to provide a covenant running with the land prohibiting the sale of alcoholic beverages, and that that would be part of his motion. Voting on the motion, Blackmon, Roberts, Maldonado, and Wallace voted "Aye," and de Leon, Young, and Barnard voted "Nay." Mayor Barnard declared the motion had passed four to three, but that an ordinance reflecting this action, carrying the same vote would not be effective to amend the zoning ordinance since the City Attorney has ruled that an ordinance changing the zoning over the protests of adjoining property owners must have at least six affirmative votes in order to be effective. Motion by Blackmon, seconded by Young and passed that the motion just passed be reconsidered. Motion by Blackmon, seconded by Roberts that an ordinance be brought forward changing the zoning from "R -1B" to "B-1" on the subject property to the extent of 150 feet along Kostoryz Road to a depth of 150 feet along McArdle, with the condition of a non-alcoholic covenant to run with the land, and that the re- quest for "B-1" zoning on the remainder of the subject property be denied. Commissioner de Leon suggested that the foregoing motion be amended to grant a special Council permit rather than the "B-1" zoning for the 150' x 150° portion of the application. The amendment was acceptable to the maker of the motion, but not accepted by the seconder; and the Chair called for a vote on the motion as made. Voting on the motion, Blackmon, Roberts, Wallace, Maldonado and Yuing voted "Aye," and de Leon and Barnard voted "Nay." Mayor Barnard declared the motion had passed five to two, but that an ordinance carrying this same vote would still not be effective. Motion by Blackmon, seconded by Young and passed that the motion just passed be reconsidered. • City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 3 Motion by Blackmon, seconded by Young that the application for a change of zoning be denied, but that in lieu an ordinance be brought forward granting a special Council permit for a filling station on the 150' x 150' portion of the sub- ject tract at the corner of Kostoryz and McArdle, subject to the regulations of the "B-1" District, and further subject to the filing of a non-alcoholic beverage covenant running with the land. In a discussion, Commissioner Roberts stated that he did not like to see a development of the nature of a filling station go in on a special Council permit which is only a use basis, but that possibly it may be less objectionable to the neighbors; and Commissioner Blackmon felt it would at least allow the property owner to develop his property. Mayor Barnard stated that he felt this property was a very dangerous place for a filling station due to the large number of young school children attending the two schools in the immediate area; that it is also an in- vasion of business in a predominently residential area, and one that invites more business; that he feels it is improper zoning; and that a proper use of the property would be "AB" Professional Office District or Apartment House zoning; and these are his reasons for opposing the motions. Commissioner de Leon was concerned that a special Council permit is granted to the owner of the land for the use he is re- questing, but that the land will be purchased by a different person; and the City Attorney explained that the special use permit would go with the land as long as it is used for the purpose granted, unless the Council so conditions it to the present property owner. Voting on the foregoing motion, Blackmon, Roberts, Maldonado, de Leon, and Young voted "Aye," and Wallace and Barnard voted "Nay." Mayor Barnard declared the motion had passed five to two, but that an ordinance carrying this same vote would fail to be effective. Motion by Blackmon, seconded by Roberts and passed that the motion just passed be reconsidered. Motion by Blackmon, seconded by Roberts and passed unanimously that the matter be tabled. • City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 4 Mayor Barnard announced the public hearing on the appeal of Fernando Gonzales from the decision of the Building Standards Commission with respect to Lot 13-14, Block 1102, Bay Terrace #2, at 1535 South Brownlee. Assistant City Attorney Thomas McDowell explained that the Building Stand- ards Commission had found the front dwelling to be substandard and more than fifty percent deteriorated, and had ordered it to be demolished and removed from the prop- erty. L. W. Kubala, Building Standards Coordinator, recited the history of the case from the first complaint of the substandard conditions by Assembly of God Church on August 10, 1963, to the notice sent on February 15, 1965, to Mr. Gonzales to appear before the City Council on February 17, 1965, during the regular meeting convening at 2 p.m., giving dates of inspections, persons making inspections, con- ditions found at times of inspections, and dates of notices, warnings, and cita- tions given the property owner, and of charges filed in Corporation Court against owner and contractor for doing work without obtaining a permit from the City as re- quired and work not being done to meet City Codes. Mr. Kubala presented several pictures taken of the dwelling as evidence of its condition, and stated that Thomas - Spann Hospital had called several times to complain of the deteriorated condition of the dwelling, and that it was being used by winos and undesirable persons as a watchout to steal from the cars parked in the Hospital parking lot which is im- mediately adjoining. Mr. Kubala stated that the carport which had been in a state of collapse, has been removed; that the dwelling is of wood box construction and has become from ten to twelve inches out of level; the back door, sill and floor are all deteriorated; the plumbing lines to the sink and lavatory are disconnected and the water running into buckets which was being poured out into the yard; that the floor in the rear portion is some three to seven inches below ground level; that the tar paper roofing is in strips with two or three inches of water standing on the roof; and that the posted placards warning that by order of the Building Standards Commission no one is to enter except for repairs or demolition has been violated. In answer to a question from the Council, Mr. Kubala stated that the house was occupied at the time of inspection by the Building Standards Commission City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 5 on June 9, 1964, and that the occupant had six children, but was apparently unoccupied at the present time. Melvin Hanson, of the Sanitation Division of the Health Department, stated that Mr. Kubala had described the conditions quite accurately; that the main con- cern of the Health Department was the disconnected plumbing and the occupant pour- ing the water outside in the yard; that he had not particularly observed any empty wine bottles, but had observed the dirty house and walls and a lot of trash. Glen Deason, Plumbing Inspector of the Public Works Department, stated he had made the inspection tour with the Building Standards Commission and con- firmed Mr. Kubala's statements as to the plumbing conditions; and added that the disconnected pipe had not been sealed off and sewer gas was coming back into the house; and further that when the house in the rear of the lot went in, the zoning did not allow two-family residence on the property, that someone "Bootlegged" a sink in the house, without a permit or inspection, and that it does not comply with the City Code. Fernando Gonzales, stated that he has owned the property for ten years, that he has been paying taxes on it for that long, that it only got in that state because he has a sick mother; and asked by what right the Inspectors could come into his house and condemn it without papers, and what right they had to say any- thing about the rear house, when it was only the front house that was being con- demned. He stated that he had three reliable contractors that were willing to re- pair that house according to the Code. Mr. Gonzales indicated several pictures which he said were of his house, and several which he did not recognize. City Manager Whitney read the portion of the Building Code which is the basis of authority to enter a building for inspection. In answer to questions from the Council, Mr. Gonzales stated that he does not deny the condition of the house, but that due process of law has not been followed, and that he wants an opportunity to contract to repair the property to conform to all City Codes; and that he could be reached by mail sent to 2018 Caldwell. • City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 6 Mayor Barnard stated that the Chair would consider a motion to recess the hearing until next week at the regular meeting convening at two o'clock to give the appellant an opportunity to present the contract for the repair of the house in such manner as to meet the requirements of the City Codes involved. Motion by Blackmon, seconded by Maldonado and passed that the hearing on appeal of Fernando Gonzales from the decision of the Building Standards Commission relative to Lot 13-14, Block 1102, Bay Terrace #2, at 1535 South Brownlee, be recessed until the regular Council meeting convening at two o'clock on February 24, 1965. Mayor Barnard suggested that Mr. Gonzales have the contractor present at the recessed hearing next week, but that the Council would consider a signed, explicit written contract. Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by Roberts and passed that the City Manager's Reports be accepted, and the recommendations be approved, as follows: a. That the bid award on a five-year oil and gas lease of 10.243 acres of City -owned property at the Savage Lane Water Reservoir be made to Bell & Dans- fiell on the basis of the usual interest plus a cash bonus of $281.68, with the stipulation that there be no drilling on the tract itself; (Bid Tabulation #13) b. That acceptance and payment of final Estimate No. 3 in the amount of $15,509.53 to Slovak Brothers for construction of the Jackson Woods Sewer Package Treatment Plant, be approved; c. That the recommendation of the Traffic Safety Advisory Board for the installation of flashing signals at Alameda and Louisiana adjacent to Menger School be approved; d. That a public hearing be called at this meeting on the application on Socony Mobil Oil Company, Inc. for a supplemental permit to rework the W. W. Walton "A" No. 4 Well in Saxet Field, Nueces County; e. That in accordance with the recommendations of the Airport Advisory Board, authority be granted to make formal application to the Federal Aviation Agency for Federal Airport Aid to finance the City's share of proposed improvement City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 7 • in connection with additional ramps to serve the three base operators, and to negotiate amendments to the existing leases to provide for increase in the flowage fees. -. Mayor Barnard called the public hearing, as approved by the Council, on the application of Socony Mobil Oil Company, Inc. for a supplemental permit to re- work the W. W. Walton "A" No. 4 Well in Saxet Field, Nueces County. City Manager Whitney presented the application; presented the necessary forms filled out by the applicant including copy of certificate of insurance, copy of Texas Railroad Commission permit, and map showing the location of the well approximately 1,000 feet north of Highway 9 and approximately 175 feet from the proposed right of way of the Interstate 37; and stated that no deepening of the well is proposed, and no exceptions are requested; and the applicant has submitted a $50 filing fee on the basis of the application being to rework an existing well. City Attorney Singer stated it was his opinion that since the well had to have some work done on it before it would produce, if at all, and from a dif- ferent horizon, it was not a well capable of producing at the time of annexation and therefore was an application for a drilling permit with a fee of $300 rather than a $50 fee for a permit to rework a well. Sel Graham, representing the applicant, stated that the applicant's position is that the ordinance provides for the definitions of terms to be those of the industry; that with the Railroad Commission the term "drill" is for either a new well or the deepening below the total depth of an existing well; that the applicant plans to perforate the well in a gas zone at a shallower depth; that on the Form 1, the Railroad Commission requires an applicant to state whether it is proposed to "drill, deepen, or plug back," and on their application the word "Drill" is deleted, and the words "Plugged back" are inserted; that the well was temporarily abandoned and there is no activity at the present time. City Attorney Singer stated that the original 1950 ordinance provides that all technical or oil and gas industry words or phrases used shall have that meaning customarily attributed thereto by approved operators; that the ordinance passed in 1964 for rework, provides that whenever there is a rework in a well • • City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 8 existing at the time of annexation, a supplemental permit shall be issued upon payment of a $50 reworking fee and the necessary showing of compliance as to safety precautions; that Section 24-54 of the Code provides that a well completed as a producer or abandoned as a dry hole may not be drilled to deeper depth without a showing of compliance with all the other provisions applicable to the drilling, completion and operation of a well, and a supplemental permit is issued without additional fee; and that he takes the position that the well under discussion was not a well at the time of annexation since it was not capable of producing in its then condition. Sel Graham pointed out that according to the Railroad Commission defini- tion an abandoned well may be either abandoned temporarily, or plugged and aban- doned; if plugged and abandoned, necessary forms have to be submitted that the well no longer exists, and if you re-enter you have to go through the forms as if drill- ing a new well; that every six months a list is provided of those wells wished to be carried as temporarily abandoned and existing; that this well was so carried on the list, and that therefore the applicant claims the well was temporarily abandoned and did exist at the time of annexation. Commissioners Roberts and Wallace felt that the ordinance is not up-to- date and clear as to terminology, and that the terminology of the Raolroad Com- mission should be the authority; and that since the subject well was carried by the Railroad Commission as temporarily abandoned and in existence, even according to our ordinance it is a rework job with the $50 fee. Motion by Roberts, seconded by Wallace and passed that the application of Socony Mobil Oil Company, Inc. for a supplemental permit to rework the W. W. Walton "A" No. 4 Well in Saxet Field, Nueces County, be approved and granted as applied for. City Secretary Kring informed the Council that Mr. Graham has offered the services of his legal department to rewrite the drilling ordinance for pre- sentation to the Council for approval; and Mayor Barnard expressed the Council's appreciation for this offer. City of Corpus Christi, Texas Regular Council Meeting February 19, 1965 Page 9 SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 7085, AND THE CONTRACT AND LEASE AGREEMENT AUTHORIZED BY THE SAID ORDINANCE NO. 7085, BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., SO AS TO PRO- VIDE FOR HEATING AND AIR CONDITIONING OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK, IN THE CITY OF CORPUS CHRISTI, TEXAS, BY THE CITY WITH REIMBURSEMENT OF SUCH COSTS TO BE MADE BY CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC., AND SETTING FORTH THE TERMS AND CONDITIONS FOR SAID INSTALLATION, ALL AS MORE FULLY SET OUT IN THE AMENDED CONTRACT AND LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVISIONS OF ORDINANCE N0. 7085, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 20, 1963. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." ORDINANCE NO. 7498 AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY DE- LETING ITEMS 13 AND 14, FORBIDDING THE STOPPING, STANDING OR PARKING OF VEHICLES ON THE EAST SIDE OF BROWNLEE BOULEVARD BETWEEN SOUTH STAPLES AND BUFFALO STREET AND ON THE WEST SIDE OF BROWNLEE BOULEVARD BETWEEN BUFFALO STREET AND SOUTH STAPLES STREET DURING CERTAIN HOURS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE FOR AND ON BEHALF OF THE CITY, AN OIL AND GAS LEASE ON 10.243 ACRES, MORE OR LESS, LOCATED IN NUECES COUNTY, TEXAS, AT THE SAVAGE LANE WATER RESERVOIR AND PUMP STATION, WITH BELL & DANSFIELL OF CORPUS CHRISTI, FOR A FIVE-YEAR PERIOD, BEGIN- NING APRIL , 1965, AND EXPIRING FIVE YEARS HENCE, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." ORDINANCE N0. 7499 RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE JACKSON WOODS SEWER PACKAGE TREAT- MENT PLANT, PROJECT N0. 250-61-38.1, AS PERFORMED BY THE CONTRACTOR, SLOVAK BROTHERS, UNDER THEIR CONTRACT DATED JULY 22, 1964, AUTHORIZED BY ORDINANCE N0. 7268; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 3, IN THE AMOUNT OF $15,509.53, DATED FEBRUARY 12, 1965, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SEWER BOND FUNDS PREVIOUSLY APPROPRIATED FOR CON- STRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." • City of Corpus Christi, Texas Regular Council Meeting February 19, 1965 Page 10 ORDINANCE NO. 7500 CLOSING THAT PORTION OF AN ALLEY BETWEEN 16TH AND 17TH STREETS LYING BETWEEN LOTS 1 AND 2 AND LOTS 21 AND 22, BLOCK 2, HOME PLACE ADDITION, AND THAT PORTION OF 16TH STREET LYING BETWEEN LOT 2, BLOCK 1, AND LOT 1, BLOCK 2, HOME PLACE ADDITION, ALL LYING BETWEEN LAREDO STREET AND THE TEX-MEX RAILROAD RIGHT OF WAY, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH THE PROVISION THAT APPLICANT WILL ASSUME THE COST OF RELOCATING ALL UTILITIES AS A RESULT OF SAID CLOSING; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." RESOLUTION NO. 7501 VOICING OPPOSITION TO SENATE BILL NO. 55, HOUSE BILL NO. 175, HOUSE BILL NO. 34, AND HOUSE BILL NO. 57. The Charter rule:was suspended by the following vote and the foregoing resolution was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." In connection with the first reading of an ordinance defining substandard buildings, City Manager read subsections "F," "G," and "H" under the Section on Pro- cedure on Appeal. Motion by Blackmon, seconded by Wallace and passed that the proposed ordinance relative to substandard buildings be amended before the first reading by changing the wording in subsection "f" to read that a certified copy of every decision of the Building Standards and Housing Board of Appeals be sent by certi- fied mail or delivered personally to the appellant or his agent; and that subsec- tion "H" be changed to add that the ten days for appeal be measured from the date of mailing of the certified copy of the decision or the personal service to the address indicated by the City Tax Roll. FIRST READING OF AN ORDINANCE DEFINING SUBSTANDARD BUILDINGS WITHIN THE TERMS OF THIS ORDINANCE, ADOPTING CHAPTERS II AND III OF THE SOUTHERN STANDARD BUILDING CODE, PART IV, HOUSING, 1960-61 EDITION, WITH CERTAIN EXCEPTIONS OR CHANGES, AS SET FORTH HEREINAFTER; PROVIDING FOR THE CONDEMNATION OF SUBSTANDARD BUILDINGS OR STRUCTURES, AND PROVIDING FOR THE EVACUATION, REPAIR AND/OR DEMOLITION OF SUB- STANDARD BUILDINGS; PROVIDING FOR THE ESTABLISHMENT OF AN ORGANIZATION FOR ENFORCE- MENT; ESTABLISHING PROCEDURES INCLUDING APPEALS; PROVIDING A PENALTY FOR THE VIO- LATION THEREOF; CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PARTICULARLY REPEALING ARTICLE IV OF CHAPTER 11 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; PROVIDING FOR PUBLICATION. City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 11 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." 0. W. Whitley presented a replat of his property at the corner of Moravian and Lexington which had been turned down by the Zoning & Planning Commission on appeal at its meeting last night; pointed out to the Council the portion of the property along Moravian where he wanted to have the setback reduced from thirty feet to ten feet, and the length of the property on Lexington reduced from fifteen feet to ten feet, in order to have his sign on the corner of the property at Mora- vian and Lexington; and explained he was appealing to the Council on the basis of hardship since the thirty foot setback would be in the middle of his canopy. There was a discussion with regard to approval of plats and appeals, and the Council indicated they would want to know the Commission's thinking on the matter, and would discuss the matter at Work Shop and hear Mr. Whitley's appeal at next regular meeting. Captain Nathan Clark complained of the commercial fishermen netting in the Bay within the City limits near the shore which is in violation of the law and described their manner of operating; explained that the Came Warden and County Attorney have informed him they can do nothing about stopping this unless there are markers indicating the City limits line in the Bay; and urged that the City limits line be so marked in the Bay so the supply of fish is not exhausted for sport fishermen. Buoy type markers or markers of a less movable nature were suggested during the discussion of this problem, and City Manager Whitney was requested to investigate the possibilities. Motion by Blackmon, seconded by Roberts and passed that the City limits line in the Bay be marked. In answer to a question from Mrs. James C. Scott, President of OPUS, Mayor Barnard stated that the Council did not seem to be in too close agreement at the last Work Shop discussion on the proposed amendment to the Zoning Ordinance and that all he could tell her was that the next scheduled Work Shop would be Monday night. City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 12 • Motion by Young, seconded by de Leon that an ordinance be brought for- ward next week amending Section 16, which is Section 1 of the proposed amendment to the Zoning Ordinance, to the effect that no signs be permitted in the 20 -foot setback area, and no sign exceed 260 square feet, whether free-standing or attached. Mrs. Scott stated that she appreciated the Council's weariness with the subject and also the Council's concern for the democratic processes and preserva- tion of individual rights; that the Court opinion implies the individual does not have the right of individual appeal; that the Board of Adjustment is set up with this opportunity of appeal; and asked the Council, "Isn't this the way to preserve this right - that we must pursue this?" Mayor Barnard answered that he would not presume to say whether the Judge was right or wrong; and Commissioner Blackmon answered that since the City is possibly still involved in litigation it would probably be not appropriate for any of them to comment on the action of the Court. Mrs. Scott asked if it is proper for the Council to take judicial and legislative action which would enter into this point, and City Attorney Singer said it was his opinion that the Council can properly take legislative action to change the Zoning Ordinance in keepingwithinthe notice of the hearing. Mayor Barnard explained that Mr. Anderson, Director of Planning, had been asked to prepare some material on free-standing signs, and that he would like to have the benefit of his report before voting on the motion. After reading the comments and recommendation of the Director of Planning aloud, Mayor Barnard stated that he felt the objection to free-standing signs on the Bayfront was be- cause they are perpendicular to the structures, and that even though back of the 20 -foot area, can be seen for four or five blocks and contribute to what seems to be objectionable to most people; and asked if the Council cared to consider that as long as the sign was parallel to Shoreline it could be 260 square feet. Commissioner Wallace felt he could agree to the 260 square foot size if parallel to Shoreline; Commissioner Blackmon felt that would defeat the purpose of the sign which is to see one before you turn in at another; and Mayor Barnard suggested that directional type signing for motels and hotels coming off Iighway • City of Corpus Christi, Texas Regular Council Meeting February 17, 1965 Page 13 1 181 onto Shoreline, as suggested by the Planning Engineer, might help the business people. Motion by Wallace to amend the motion to specify that the free-standing signs on Shoreline be restricted to be placed parallel to Shoreline, died for lack of a second. Commissioner Wallace stated that he considered the motion bad legislation, and: that,-in:his.:opinioa,-it Val notehave the desiredr`tffect to help,the motel.buslness; that it breaks faith with the future of Corpus Christi; will increase the clutter and make the Bayfront less attractive, and that at some future date the City will to have to spend considerable money/remove the clutter made over the years; and urged that the motion not be adopted. Commissioner Roberts suggested that only one free-standing sign be allowed per lot ownership with the size going back to the old basis of 260 square feet; Commissioner Blackmon suggested a period after "in the 'B-2' Bayfront District" of the Zoning & Planning Commission recommendation on Section (16); and Mayor Pro Tem Young urged that since it was apparent that there was not going to be a unanimous decision, and since nine people on the Zon- ing & Planning Commission have presented'a recommendation, that the Council owes it to the citizens of Corpus Christi to make a decision and pass something that will change this ordinance so the majority of the people can live with it. Mayor Barnard restated the motion made and seconded to bring forward an ordinance reflecting the wishes to have nothing built in the 20 -foot setback area and to have the other recommendations of the Zoning & Planning Commission in regard to Section 1 (16) of the proposed amendment to the Zoning Ordinance for consideration at next week's Council meeting; and called for the vote. On vote, Young, Blackmon, de Leon, Maldonado, and Roberts voted "Aye," and Wallace and Barnard voted "Nay," and the Chair declared the motion had passed. For simplification and clarification of the motion just passed, Mayor Barnard called for an ordinance to be brought forward for consideration at next week's regular Council meeting, amending the Zoning Ordinance according to the recommendation of the Zoning & Planning Commission for Section (16), plus nothing in the 20 -foot setback area. There being no further business to come before the Council, the meeting was adjourned.