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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