HomeMy WebLinkAboutMinutes City Council - 02/24/1965MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
February 24, 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. H. Wallace, Jr.
City Manager Herbert W. Whitney
Asst City Att'y Wayland Pilcher
City Secretary T. Ray Kring
Mayor James L. Barnard called the meeting to order.
The Invocation was given by Commissioner J. R. de Leon in the absence
of a guest chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Young, seconded by Blackmon and passed that the absence of
Commissioner W. J. Roberts be excused for cause.
Motion by de Leon, seconded by Maldonado and passed that the minutes of
the regular meeting of February 17, 1965, be approved as furnished to the Council.
Mayor Barnard announced the Council wished to act at this time on a
resolution relative to the death of Bishop Garriga, and asked City Secretary Kring
to read the resolution, which was done.
Motion by de Leon, seconded by Young and passed that the resolution be
adopted as read.
RESOLUTION NO. 7505
HONORING THE MEMORY OF THE MOST REVEREND M. S. GARRIGA, BISHOP OF THE DIOCESE OF
CORPUS CHRISTI, DIED ON FEBRUARY 21, 1965; ACKNOWLEDGING AND EXPRESSING GRATITUDE
FOR THE LONG AND DEVOTED LIFE OF ONE OF SOUTH TEXAS' MOST VALUABLE AND RESPECTED
CITIZENS.
The Charter rule was suspended, and the foregoing resolution was passed
by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, and Wallace
all present and voting "Aye," and Roberts absent.
Mayor Barnard recognized and welcomed as special guests of the Council,
representatives of the Student Council of Incarnate Word Academy, and Mayor Pro
Tem Young presented Certificates of Attendance to the following, designating them
as Honorary Junior City Commissioners: Mary Coco; Paula Bentley; Margo Flores;
Beth Malins; Cathy McHugh; and Pat Beck.
Mayor Barnard announced the recessed public hearing on the appeal of
City of Corpus Christi, Texas
Regular Council Meeting
February 24, 1965
Page 2
Fernando Gonzales from the decision of the Building Standards Commission relative
to Lot 13-14, Block 1102, Bay Terrace #2, at 1535 South Brownlee, which was recessed
from February 17, 1965, due to the testimony of Mr. Gonzales that he had a contract
from a contractor to replace the building at 1535 South Brownlee.
Fernando Gonzales presented a contract signed by himself as property owner
and by M. M. Costillo, contractor, dated February 17, 1965, which Mayor Barnard read,
listing the following work to be done: (1) House to be raised and put on a new
foundation to meet City Code; (2) Porch to be replaced; (3) Back two rooms to be
torn down; (4) Replace broken sheetrock; (5) Paint exterior of house; (6) Replace
bad screen wire; (7) Paint interior of house and varnish floors; (8) Put asphalt
tile in bath; (9) Repair plumbing to meet City Code, put in used commode and kitchen
sink; (10) Make necessary electrical repairs; (11) All work to meet City Code;
(12) Contract includes no work not listed.
L. W. Kubala, Building Standards Coordinator, advised that the completely
deteriorated sills, floors and joists will have to be replaced in connection with
the new foundation, that all deteriorated materials will have to be removed from
the property; and suggested that if the Council desires to allow the Building
Permit to be issued, that a time limit for completion of construction be set for
less than the six months stated on the Permit.
In answer to questions from the Council, Mr. Gonzales and Mr. Costillo,
who were present, stated that they contemplated starting work as soon as they could
obtain a Building Permit, and expected the work to be completed in three weeks.
Motion by Blackmon, seconded by Maldonado and passed that action on this
appeal be tabled for four weeks, pending the issuing of a Building Permit and proper
continuation of construction.
Mayor Barnard announced the public hearing on the appeal of Orin W.
Whitley from a decision of the Zoning & Planning Commission regarding the replat
of Lot 24, Block 5, Lexington Estates.
City Manager Whitney presented a plat of the subject lot at the corner
of Moravian and Lexington occupied by a Golden Dome Hamburger stand; pointed out
the thirty-foot building line setback from Moravian and the fifteen -foot setback
City of Corpus Christi, Texas
Regular Council Meeting
February 24, 1965
Page 3
from Lexington; pointed outthe portion of the property on Moravian on which the
applicant's request for a reductioaf:gf the setback from thirty feet to ten feet
for the purpose of erecting his sign was denied by the Zoning & Planning Commis-
sion; explained that the property had been previously rezoned from "AB" to "B-1,"
and that a new application for a change of zoning from "B-1" to "B-4" was heard
last night by the Zoning & Planning Commission, but that the "B-4" zoning, if ap-
proved, would not change the setback line, but would permit a larger sign.
Assistant City Attorney Pilcher informed the Council that the applica-
tion to rezone the property to "B-4" for the purpose of allowing a larger sign
had been heard last night by the Zoning & Planning Commission and that the matter
was tabled.
Mr. Whitley had not yet arrived at the meeting, and it was suggested that
he be given an opportunity to be heard later in the meeting.
Motion by de Leon, seconded by Young and passed that the matter be tabled.
Mayor Barnard called for the City Manager's Reports.
Motion by Blackmon, seconded by Young and passed that the City Manager's
Reports be accepted and the recommendations be approved as follows:
a. That the date of March 10, 1965, during the regular meeting, be set
for public hearing on the application of Saratoga Land Company for the closing and
abandoning of a forty -foot dedicated street in Logan Tract;
b. That the date of March 17, 1965, during the regular meeting, be set
for public hearing on four zoning cases; and the date of March 24, 1965, during
the regular meeting, be set for public hearing on three zoning cases.
SECOND 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 LAND WATER RESERVOIR AND PUMP STA-
TION, WITH BELL & DANSFIELL OF CORPUS CHRISTI, FOR A FIVE-YEAR PERIOD, BEGINNING
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 second time and passed to its
third reading by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado
and Wallace, present and voting "Aye''; Roberts absent.
•
City of Corpus Christi, Texas
Regular Council Meeting
February 24, 1965
Page 4
SECOND 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 SUBSTANDARD BUILDINGS;
PROVIDING FOR THE ESTABLISHMENT OF AN ORGANIZATION FOR ENFORCEMENT; ESTABLISHING
PROCEDURES INCLUDING APPEALS; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; CON-
TAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HEREWITH AND PARTICULARLY REPEALING ARTICLE IV OF CHAPTER 11 OF THE CORPUS
CHRISTI CITY CODE, 1958, AS AMENDED; PROVIDING FOR PUBLICATION.
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
and Wallace, present and voting "Aye"; Roberts absent.
ORDINANCE NO. 7502
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, BY AMENDING THE ZONING MAP BY CHANG-
ING THE ZONING OF ALL OF LOTS J AND K1, BLOCK 5, BLUFF FRONT ADDITION FROM "A-1"
TO "A-2" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE
EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLIC'S .HEREWITH; 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 and Wallace,
present and voting "Aye"; Roberts absent.
ORDINANCE NO. 7503
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, BY GRANTING A SPECIAL USE PERMIT
ON ALL OF LOT 4, WOODLAWN ANNEX #2, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS, FOR A MINIATURE PUTTING COURSE, SUBJECT TO THE CONDITIONS CONTAINED HEREIN;
KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; RE-
PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY
The Charter rule was suspended aud,the-:foregoing ordinance was passed
by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Wallace,
present and voting "Aye"; Roberts absent.
ORDINANCE NO. 7504
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, BY AMENDING THE ZONING MAP BY
CHANGING THE ZONING OF ALL OF LOT 1 AND THE MOST SOUTHERLY 380.6 FEET OF LOT 2,
BOTH IN BLOCK 1, AND ALL OF LOT 1, BLOCK 2, SARATOGA PLACE AS FILED FOR RECORD
IN VOLUME 27, PAGE 91, NUECES COUNTY MAP RECORDS, ON MARCH 19, 1964, BEING ALSO
THAT PROPERTY KNOWN AS A 9 -ACRE PORTION OF LOT 5, SECTION 7, BOHEMIAN COLONY LANDS,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING
DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS
OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND DECLARING AN EMERGENCY.
Cit* of Corpus Christi, Texas
Regular Council Meeting
February 24, 1965
Page 5
The Charter rule vas suspended and tha foregoing ordinance was passed
by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado and Wallace,
present and voting "Aye"; Roberts absent.
In connection with the first reading of an ordinance amending the Zoning
Ordinance relative to the signs and twenty -foot setback in the "B-2" Bayfront Busi-
ness District, Mrs. Jim Alice Scott asked if the City Attorney, as required by the Charter,
has indicated his approval by signing the proposed ordinance, or if he has submitted
his written objections in line with his previous advice to the Council on the matter,
and was informed that the Charter requirement in this respect is for his approval
or objections as to legal form prior to the time the proposed ordinance would be-
come effective, and that to date he has done neither.
FIRST READING OF AN ORDINANCE 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, BY STRIKING
THEREFROM ALL OF SECTION 14-2, SUBSECTION 16 OF THE CORPUS CHRISTI ZONING ORDINANCE &
INSERTING IN LIEU THEREOF A NEW SUBSECTION 16, PROVIDING FOR THE MAXIMUM SIZE OF
CERTAIN SIGNS, CERTAIN RESTRICTIONS REGARDING SAID SIGNS AND FURTHER PROVIDING THAT
NO AGENCY OF THE CITY SHALL PERMIT THE ERECTION OF ANY SIGN IN EXCESS OF SAID
MAXIMUM SIZE PROVIDED HEREIN OR DIFFERENT FROM THE REGULATIONS CONTAINED HEREIN;
PROVIDING FURTHER THAT SECTION 14-5 OF SAID ZONING ORDINANCE BE AMENDED BY ADDING
A NEW SUBSECTION DESIGNATED AS 14-5.1 AND PROVIDING THAT NO BUILDING, STRUCTURE OR
SIGN SHALL BE PERMITTED IN THE FRONT YARD AREA OF THE "B-2" BAYFRONT BUSINESS
DISTRICT; AND PROVIDING FURTHER FOR THE DEFINITION OF "SIGN AREA" AS SAID PHRASE IS
USED IN THE CORPUS CHRISTI ZONING ORDINANCE; KEEPING IN EFFECT ALL OTHER PROVISIONS
OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed and
passed to its second reading by the following vote: Young, Blackmon, de Leon and
Maldonado, voting "Aye"; Barnard and Wallace, voting "Nay"; and Roberts absent.
Commissioner de Leon commented that voting on the first or second,read-
ing of a proposed ordinance does not necessarily obligate the Council to vote the
same way on subsequent or final reading, that his vote was an attempt to get some-
thing done with this controversial matter.
Mayor Barnard noted the presence of Mr. Orin Whitley at the meeting, and
with the consent of the Council, took the matter of his appeal off the table.
Mayor Barnard explained that the Council has been informed by the Staff
Plats Committee that it was considered that the thirty-foot building setback line
on Moravian has been well established by the residences, and that for this reason
•
City of Corpus Christi, Texas
Regular Council Meeting
February 24, 1965
Page 6
the Zoning & Planning Commission had denied approval of the replat.
Mr. Whitley explained that he did not want to build anything along the
Moravian side of the property, that all he needs is to be allowed to erect his sign
within that setback area at the corner, and that he doesn't need the "B-4" zoning
except for the size of the sign, and suggested that a special Council permit cover-
ing these matters would accomplish his needs.
It was explained that the Council could not act on the application for the
"B-4" zoning while it was still tabled by the Zoning & Planning Commission, but that
whether the Commission acts favorably or unfavorably on the application, it will
come before the Council.
Motion by Maldonado, seconded by Blackmon and passed that the hearing be
closed.
Motion by Blackmon, seconded by de Leon and passed that the appeal be
tabled pending receipt of the application for "B-4" zoning, and both be considered
at the same time.
Mrs. Bryan Scott asked if the following issues could be placed on the
ballot at the coming City Election for Mayor and Councilmen, in the nature of a
straw vote to indicate public opinion as to what the majority wants, not as a
mandate to pass a law: (1) For or against retaining and enforcing present ordin-
ances regarding bayfront zoning and signs; (2) For or against requiring those who
were granted variances being forced to remove them within a time limit of three
years; (3) For or against retaining present bayfront ordinance, except that sign
size limitation be increased to 60 square feet; (4) For or against the proposed
ordinance change being voted on today.
Mayor Barnard recalled that a similar expression was attempted during a
previous administration with regard to a dog leash law, and that after the election
many people complained they had voted wrong because they misunderstood the wording;
but that the suggestion has also been made that the CALLER -TIMES and the TV stations
and radio stations conduct such a vote, and that he thought the Council would find
helpful.
Mrs. Charles Gregg, Chairman of the Public Affairs Committee of the
YWCA, offered to arrange meetings for the public at which the City Staff could
City of Corpus Christi, Texas
Regular Council Meeting
February 24, 1965
Page 7
explain its plans for the widening of Ocean Drive and its ideas for an off -shore
road.
Mayor Barnard accepted her offer of this public service, and explained
that the idea of an off -shore highway or road has long been a recommendation of
those people concerned with the future plans for Corpus Christi, that the idea for
Federal and State' participation was presented to the Council et its ,,ork Shop, that
the plans presently are only for the widening of Ocean Drive in the area. of emerald
Cove from Morgan to Buford sake the City must fulfill its contractural obligations
to provide one entrance for the Crest Motel.----- -
W. H. Stahl asked when he could expect action on his application for a
change of zoning on property at the corner of Kostoryz and McArdle for a filling
station, and was advised that the Council had felt it would be better to leave the
matter tabled another week until the full Council was present, since approval of
his request in any form requites at least six affirmative votes.
City Manager .hitney presented a plat of property to be occupied by the
newaicaard King High :school which was filed at the suggestion of the Planning Com --
mission providing a tseet to connect Staples and Gollihar to provide circulation
of traffic around the school; explained that the fact had beonoverlooked in the
filing, that an e:cisting subdivision backs up to the street that presently does
not have any access onto this street; and that the Commission feels the purpose of
the street for circulation around the school will be better served if no access
to the street is permitted from the subdivision; and that therefore a new plat is
being filed to accomplish this. Mr. Whitney recommended Council approval of not
permitting any access to this street from the subdivision until the new plat is
filed.
Motion by Young, seconded by Maidonade and pa eed r,,=.at n.o driveway access
from the Windscr ,.ark tJnit .. .-._-ion to ci'.:+n i. --...:.rtted until --
new plat for the "ark "laza :,chool Tract is filed.
There being no further business to come before the Council, the meeting
was adjourned.
I, JAMES
that the foregoing
February 24, 1965,
are by me hereby
L. BARNARD, Mayor of the City of Corpus Christi, Texas, certify
minutes, same being for the period of February 3, 1965, through
inclusive, and having been previously approved by Council action,/
approved.
r
,JAM BARNARD, Mayor
C'of Corpus Christi, Texas