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HomeMy WebLinkAboutMinutes City Council - 03/10/1965PRESENT: MayOr James L. Barnard Mayor Pro Tem Jim Young Commissioners: Jack R. Blackmon J. R. de Leon M. P. Maldonado W. H. Wallace, Jr. MINUTES CITY OF CORPUS (kU ISTI, TEXAS REGULAR COUNCIL MEETING March 10, 1965 2:00 p.m. 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 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 de Leon, seconded by Maldonado and passed that the absence of Commissioner W. J. Roberts be excused for cause. Motion by Young, seconded by de Leon and passed that the minutes of the regular meeting of March 3, 1965, be approved as furnished to the Council. Mayor Barnard recognized and welcomed the student representatives of St. Patrick School, and their sponsor, Sister Mary Paul; and Commissioner Wallace a- warded Certificates of Attendance, designated them as Honorary Junior City Com- missioners, to the following: Mary Smith, James Perry, Chester Matins, Laurie Jock, Sherry Faubion, and James Cleveland. Mary Barnard read a proclamation proclaiming the week of April 7 through 11, 1965, as HORSE SHOW WEEK in Corpus Christi, sponsored by the Gulf Coast Charity Horse Show, Inc., to raise funds for the support of the Ada Wilson Hospital of Physical Medicine and Rehabilitation, Inc. Mayor Barnard announced the public hearing on the application of Saratoga Land Company for the closing and abandoning of a forty -foot dedicated street in Logan Tract, out of Lot 9, Section 4, Flour Bluff and Encinal Farm and Garden Tracts, extending in a northwesterly direction from South Staples Street a dis- tanee of 1270 feet and located at a midpoint between Holly Road and Wooldridge Road. City Manager Whitney presented a plat showing the outlines of the Logan Tract, indicating the section of street dedicated at the time the plat was filed; explained that the street has never been opened or used, and that subsequent to the filing of this plat, the surrounding land has been acquired by the applicant, the Saratoga Land Company, and the previously dedicated street does not fit into the • Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 2 proposed land use; and stated that the Staff has no objections to the closing since there are no improvements or utilities in the street. John Keltner, representing the applicant, submitted a preliminary plat which has been approved on the over-all development, and pointed out that the site proposed for a church will front on the main thoroughfare. No one appeared in opposition to the closing. Motion by Wallace, seconded by Young'and passed that the hearing be closed. Motion by Wallace, seconded by de Leon and passed that an ordinance be brought forward closing and abandoning the forty -foot dedicated street in Logan Tract, out of Lot 9, Section 4, Flour Bluff and Encinal Farm and Garden Tracts, extending in a northwesterly direction from South Staples Street a distance of 1270 feet and located at a midpoint between Holly Road and Wooldridge Road. Mayor Barnard called for the City Manager's Reports. Motion by de Leon, seconded by Young and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows: a. That acceptance and payment of final Estimate No. 1 in the amount of $7,498.00 to Fowco Construction Company for construction of the Hillcrest Addi- tion Storm Sewers, be approved; b. That the request from T. 0. Foster, Jr., District Engineer for the Highway Department, that certain frontage roads along Interstate 37 be designated as one-way, be approved as follows: That North Frontage Street be designated one- way westbound from Up River Road to McBride Lane and continue as two-way from McBride Lane to Lantana until completion of the Lexington Interstate 37 Inter- change; that South Frontage Street be operated as one-way eastbound and then south- bound from Lantana to Leopard, and northbound and then eastbound from Leopard to Up River Road; and that parallel parking only be permitted on those streets; and that the Highway Department assume responsibility for erection of signs as the need arises to implement these designations; c. That the date of March 31, 1965, during the regular meeting, be set for public hearing on five zoning cases; • • Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 3 d. That the plans and specifications for construction of the McBride Lane Storm Sewer, Unit II, from the south line of Interstate 37 to a point just west or south of Highway 9, be approved; and that authority to advertise for bids to be received on March 31, 1965, be granted; e. That a public hearing be held at this time on the application of Humble Oil & Refining Company for a Supplemental Permit to rework and operate Well No. 1, Flour Bluff Gas Unit #+; f. That the date of March 17, 1965, during the regular meeting, be set for public hearing on the application of Bell & Dansfiell for a permit to drill Well #1, Baldwin Farms, Block 20, J. C. Russell Farm Blocks; g. That Interim Permit No. 63-129, South Coast Motel, Inc., 6033 Leopard Street, to erect one additional building, housing sixteen additional units, to the presently existing Holiday Motel on Lot 1, Block 1, Industrial Heights #1, be approved as recommended by the Zoning & Planning commission, subject to the site plan as submitted by the applicant. Mayor Barnard, with the consent of the Council, called the public hearing on the application of Humble Oil & Refining Company for supplemental permit to re- work and operate Well No. 1, Flour Bluff Gas Unit #4, Block 49, Flour Bluff and Eacinal Farm and Garden Tracts, Flour Bluff Field, Nueces County. City Manager Whitney explained that it has been determined that the Rail- road Commission considers this a rework operation; that the well was drilled and in operation prior to annexation for which they require an operation permit; pre- sented a plat showing the location of the well, the surface location of which is 660 feet southwest of the northeast line of Lot 21, Block 49, and 330 feet south- east of the northwest line of Lot 21, and the proposed depth of the rework oper- ation is 6700 feet; stated that the applicant has furnished the necessary docu- ments and information with respect to leases, insurance liability, Railroad Com- mission Permit, and the required filing fees for the operation and the rework oper- ation of this well, all of which appear to be in order; and recommended that the application be approved. No one appeared in opposition. Motion by Wallace, seconded by Maldonado and passed that the hearing be closed. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 4 Motion by de Leon, seconded by Wallace that the application of Humble Oil & Refining Company be granted to rework and continue operation of Well No. 1, Flour Bluff Gas Unit No. 4, Block 49, Flour Bluff and Encinal Farm and Garden Tracts, Flour Bluff Field, Nueces County, as applied for. In connection with the third reading of an ordinance amending the Zoning Ordinance relative to the signs and twenty -foot setback in the "B-2" Bayfront Business District, motion by Wallace, seconded by Blackmon that the ordinance be amended before the third reading, as follows: Amend Subsection 16 of Section 14-2 of the Corpus Christi Zoning Ordinance by adding the following sentences thereto: "No sign which is other than flat against the wall shall in any event exceed 100 square feet in area. In no case shall any sign project above the roof line." Amend Section 3-1.56 of Article 3 of the Corpus Christi Zoning Ordinance by adding the following sentence thereto "Supports to any sign shall not bear or support any light or lights on or within such support nor be other than one color which shall be a metallic or neutral color." Joe Gonzales, a student representing a small group of teenagers from Mary Carroll High School, felt that no restrictions should be put on the businesses. George Gaines felt the 100 -foot amendment would be unfair, since the or- dinance has been read twice for 260 feet; and that if we are going to encourage the spending of millions of dollars to locate businesses in our City, we should not limit the size of the sign the businessman believes will attract business; and that more businessmen should be consulted before the amendment is passed. Ben McDonald, attorney for Ramada Inn, felt that the 260 square foot maximum was well thought out by the Council and Zoning & Planning Commission; that there is great need for change since the Boards of Adjustment appointed by three administrations have been granting variances; but that the matter should be settled now, and urged that the statement be included in the amendment that the 100 -foot limit would not effect existing signs in order to allay some fears of the motel interests. Mrs. Albert Slavik, owner of property on Ocean Drive across from Cole Park, said she was for keeping the present ordinance, but asked the Council to go • • Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 5 ahead and pass the 100 -foot ordinance today and get the controversy over with, as it was so upsetting to the whole community. Durwood Thompsoxn felt that a sign within reason brings just as much business as a glaring sign and that 100 -foot free standing sign is a good selection for a compromise and urged that it be passed today. Mrs. James C. Scott felt the compromise of 100 -foot free standing sign was a reasonable basis which could be effectively enforced in the future. Bush Caswell felt that the non -conforming signs should not be allowed to stand forever, that there should be some stated period for amortization. Mrs. Owen felt the sign variations granted against the current law should not be allowed to continue as a rider on the proposed amendment, just be- cause they were overlooked and excused up till now, even though it would solve the law suit very neatly; that since more motels will probably want to locate on Shore- line, Mr. McDonald's suggestion as a rider on the amendment will only cause the controversy to flare up all over again. Mrs. Swearingen pointed out that debating over the sign issue was a significant part of our democratic system of checks and balances, and an example of the power being in the people instead of one person or one group, and bodies that review as well as legislate being operative. Mrs. Frances Farenthold felt that Mr. Critz' remark of last week that he couldn't see how it could hurt businesses in the same area to have the same size signs should be considered, and felt that the compromise amendment was ad- mirable. Mayor Barnard pointed out that the amendment will not effect anything that is presently on Shoreline, that most of the signs on Shoreline are noncon- forming to the present ordinance, that those wno went tnrougn the red tape of getting variances granted should be encouraged to voluntarily become conforming for the mutual help and mutual best interest of the City, but should not be forced to do so; and stated he would personally have no objection to including this is the amendment, but that it would have to read "by voluntary or legal means" in case a suit was held to be valid, as the Council would not want to refute the Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 6 ability of the Court to say they are illegal. Mayor Barnard felt the Council would be wise to spend another week discussing these matters with the motel owners and other business people; and reminded the Council that Commissioner Wallace's motion for amendment, duly seconded, is also before the Council. Motion by Maldonado, seconded by Blackmon and passed that both the motion to amend, and the third reading of the amendment to the Zoning Ordinance be tabled for one week for further consultation. ORDINANCE NO. 7514 RECEIVING AND ACCEPTING THE CONSTRUCTION OF HILLCREST ADDITION STORM SEWERS, PROJECT NO. 295-64-44.2, AS PERFORMED BY THE CONTRACTOR, FOWCO CONSTRUCTION COMPANY, UNDER THEIR CONTRACT DATED DECEMBER 30, 1961, AUTHORIZED BY ORDINANCE NO. 7448; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 1, DATED MARCH 1, 1965, IN THE AMOUNT OF $7,498.00, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIATED; AND DECLAR- ING 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 all present and voting "Aye," and Roberts absent. FIRST READING OF AN ORDINAOE AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY ST'RE'ETS PROVISIONS FOR NORTH FRONTAGE STREET (INTERSTATE 37) FROM UP RIVER ROAD TO McBRIDE LANE, SOUTH FRONTAGE STREET (INTERSTATE 37) FROM LANTANA STREET AND CONTIN- UING AROUND A CURVE TO THE RIGHT ON AND ALONG WEST FRONTAGE ROAD OF STATE HIGHWAY 358, AND EAST FRONTAGE ROAD OF STATE HIGHWAY 358 NORTH AROUND A CURVE TO THE EAST AND THENCE EAST ON SOUTH FRONTAGE ROAD OF INTERSTATE 37 TO UP RIVER ROAD; AMENDING SECTION 21-97 OF THE CORPUS CHRISTI Ci'i'Y CODE, 1958, AS AMENDED, SO AS TO REQUIRE PARALLEL PARKING ON THE NORTH SIDE OF THE NORTH FRONTAGE ROAD FROM UP RIVER ROAD TO LANTANA STREET; AND BEGINNING ON THE SOUTH FRONTAGE ROAD OF INTERSTATE 37 AT THE EAST BOUNDARY OF LANTANA STREET, THENCE TO THE RIGHT TO EAST AND SOUTH AROUND THE CURVE AND CONTINUING ON SOUTH ALONG THE WEST FRONTAGE ROAD OF STATE HIGHWAY 358; AND BEGINNING ON THE EAST FRONTAGE ROAD OF STATE HIGHWAY 358 AT THE NORTH BOUNDARY OF LEOPARD STREET AND CONTINUING NORTH AND AROUND CURVE TO THE RIGHT AND EAST TO SOUTH FRONTAGE ROAD OF INTERSTATE 37 AND THEN ON SAID SOUTH FRONTAGE ROAD (INTER- STATE 37) EAST TO THE EAST BOUNDARY OFLP RIVER ROAD; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time aad passed to its second reading by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, and Wallace all present and voting "Aye," and Roberts absent. ORDINANCE NO. 7515 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOY1'ED 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 PERMIT ON A 65.4 -ACRE TRACT, INCLUDING LOTS 11, 12, 13 AND THOSE PORTIONS OF LOTS 20, 21 AND 22, LOCATED ADJACENT TO THE NORTHERLY RIGHT OF WAY LINE OF WOOLRIDGE ROAD, SEC- TION 4, FLOUR FLUFF AND ENCINAL FARM AND GARDEN TRACTS IN THE CITY OF CORPUS Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 7 CHRISTI, NUECES COUNTY, TEXAS, SAID TRACT BEING MORE FULLY DESCRIBED HEREINAFTER, FOR THE OPERATION OF A RODEO, RIDING STABLE COMPLEX AND OTHER USES CUSTOMARILY INCIDENT THERETO, SUBJECT TO mn CONDITIONS CONTAINED HEREIN; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDIN- ANCES IN CONFLICT HERWITH; 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 all present and voting "Aye," and Roberts absent. ORDINANCE NO. 7516 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 COUNCIL PERMIT ON LOT 3, REPLAT OF THE EAST 180 FEET OF LOT 13, BLOCK 4, MAHAN ACRES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT RECORDED IN VOL. 17, PAGE 24, MAP RECORDS OF NUECES COUNTY, TEXAS, FOR THE OPERATION OF A BEAUTY SHOP, SUBJECT TO THE CONDITIONS CONTAINED HEREIN; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT 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 all present and voting "Aye," and Roberts absent. ORDINANCE N0. 7517 AMENDING iht 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 LOT 35, GUS HEYE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBOR- HOOD BUSINESS DISTRICT, SUBJECT TO CONDITIONS HEREINAFTER SET FORTH; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT 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. all present and voting "Aye," and Roberts absent. Mayor Barnard acknowledged receipt of a petition of residents of Malibu Heights and Carroll Woods for developmebt of Malibu Heights Park to coincide with the development of Carroll Woods Unit #3; and City Manager Whitney explained this was one of the parks included in the capitol improvement program of this year; that a total of $15,000 has been appropriated for planting, irrigation system, and minor playground equipment. (Petition #65-2) • Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 8 S. G. (Smiley) Davis, Chairman of Corpus Christi Aquatic Council, pre- sented and read a letter to the Mayor and Council pointing out certain hazards, and making recommendations and suggestions relative to South Beach, Bayfront and T -Heads, Cole Park, Collier Pool, and other items. (Council Exhibit #65-1) Mayor Barnard expressed appreciation for the Aquatic Council's civic interest, and the letter was referred to the appropriate departments for attention and recommendation. City Manager Whitney commented that some of the items proper- ly come under the Navigation District and stated he would call these matters to their attention. Commissioner Wallace suggested a report on these matters be made to the Council in about ten days, as he felt it was important that those things that can be done, be done before the swimming season. Lowell Benefield explained that he has a zoning application to be heard by the Zoning & Planning Commission on March 16th on property at McArdle and Ever- hart; that his financial commitments involved are up on April 1st or 2nd; and re- quested that the Council at this time set the date for public hearing before the Council on his application in order to insure final action before his financial commitments run out. Motion by Blackmon, seconded by Maldonado and passed that the date March 31, 1965, during the regular meeting, be set for public hearing on Mr. Benefield's application for rezoning on property at McArdle and Everhart. Ed Williams, attorney, representing Mr. and Mrs. 0. Miller of 1729 of Morris Street, explained that his clients have lived there for thirty-one years; that when the City graded the street about twelve years ago taking about fifty feet of the property, his clients were led to believe they would be compensated for this tak- ing of land, but they have not been; that the City is about to disposses them in a tax suit which is OR the docket for Monday morning; and urged that the City's tax suit against his clients be recessed for four weeks to allow time for the City to investigate the possibility of his clients giving the City a warranty deed for the property taken, and the City in turn making allowance on their taxes in an amount in the neighborhood of $2,000 which he felt was reasonable, based on a re- cent sale by the City of two lots in a similar area for $4,000. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 10, 1965 Page 9 City Attorney Singer informed the Council that the suit only involved the part of the property not in the street, and that he felt there was no reason to delay the suit. Mayor Barnard felt that neither the Staff nor any Council would want to be a party to confiscating property without compensation; that the facts ought to be investigated, and if found to be correct, appraisal made of the worth of the property so taken. Commissioner Blackmon felt there could be no harm in taking the suit off the docket until there could be some sort of Staff investi- gation of claim of ownership by examination of the records of Guaranty Title Company from whom Mr. Miller state he bought the property, and of the City maps of twelve or thirteen years ago. Motion by Blackmon, seconded by de Leon and passed that the City agree to a continuance of the tax suit against Mr. and Mrs. 0. Miller for approximately four weeks, and a Staff report on the matter be furnished for Monday's Work Shop. W. H. Stahl appeared in reference to his application for rezoning of the northerly fifty-four feet of Block "U" and all of Blocks "V" and "W," Lexington Place, which is presently tabled, and since no additional information( has been presented, the City Manager vas requested to put the matter on next week's agenda as a pealing item. - There being no further business to came before the Council, the meeting was adjourned.