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HomeMy WebLinkAboutMinutes City Council - 03/17/1965PRESENT: 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. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 17, 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 the Reverend Bythel Hagee, Pastor of Glad Tidings Assembly of God Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Young, seconded by Maldonado and passed that the minutes of the regular meeting of March 10, 1965, be approved as furnished to the Council. Mayor Barnard presented and read a proclamation relative to DE MOLAY WEEK in Corpus Christi, March 14 to 21, 1965; accepted by Tim Lawrence and George Vanderhule; and officially recognized the day as St. Patrick's Day. Mayor Barnard called from the table the application No. 1264-5, Billy L. Weir and W. H Stahl for change of zoning from "R -1B" One -family Dwelling Dis- trict to "B-1" Neighborhood Business District on the northerly fifty-four feet of Block "U" and all of Blocks "V" and "W," Lexington Place, on which public hearing was held February 2, 1965, and called for a motion with regard to dis- position of this matter. Motion by Blackmon, seconded by Roberts that the recommendation of the Zoning & Planning Commission be concurred in, and the request for change of zoning be approved as submitted. On vote, Blackmon and Roberts voted "Aye," and Young, de Leon, Maldonado, and Wallace voted "Nay," and the Chair declared the motion failed four to two. Motion by de Leon, seconded by Maldonado that the request for a change of zoning on the northerly fifty-four feet of Block "U" and all of BLOCKS"V" and "W," Lexington Place, be denied. On vote, Young, de Leon, Maldonado, Wallace and Blackmon voted "Aye," and Roberts voted "Nay," and the Chair declared the motion passed five to one. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 2 Mayor Barnard announced the public hearing on the use that should be made of the "barge docks" located at the northern terminus of Shoreline Boulevard, or whether or not the facility should be abandoned for public use. City Manager Whitney gave a brief history of the construction of the barge dock in conjunction with the building of the seawall and other facilities completed in 1941, the purpose being to serve the intercoastal canal barge traffic. It was so designed for heavy construction with sixty -foot steel sheet piling, be- cause there are no such barge dock facilities locally available; quoted the charges provided in Ordinance No, 3758, passed in May of 1954, for use of the barge dock and facilities; and gave a report of the revenues per year received since 1957, making an average revenue of $3,210 per year; and explained that in addition, there are six different metering facilities for supplying potable water. He reported re- ceipt of communications from McNiel Construction Company, signed by Nixon McNiel, and from Artform Concrete Company, signed by B. E. Beecroft, urging that the dock be kept and maintained because of its usefulness; and one from the Storm Drilling Company, signed by Ralph Storm, which goes into considerable detail as to their use of this dock service as the only facility of its type, in protected water, in this area, and that if closed, this activity will have to go to some other port. Mr. Whitney pointed out that the Staff study on this matter considered not only its present use, but the possibility of how this use might fit into a proposed development of the spoil island, plass for which have not yet been firmed up; and pointed out that this commercial activity being in service would help our percent- age of participation by the Corps of Engineers in any dredging of the turning basins and entrances to the port; and added that the Navigation District's Director of the Port felt the barge dock was performing a useful service, and not in any way competitive with the Navigation District°s dock facilities. Charles De Lay, speaking for Storm Drilling Company, pointed out that this company has spent over a half a million dollars in the City of Corpus Christi in the last two years for labor, services and material which would otherwise have been spent elsewhere, and that the nearest comparable facilities are at Port Lavaca. A representative of the Cities Service Oil Company, pointed out that the repairing and servicing of their off -shore drilling operations in the Bay would be Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 3 very costly without the barge dock facilities, and that they have in the past had considerable damage attempting to use the Navigation dock facilities due primarily to the ship traffic in the turning basin. Putt Hill, representing Jess Edwards, pointed out their loading and un- loading problem due to heights, and that it would not be economical or feasible for them to use another area, and that the Navigation dock does mot have the work- ing area needed for his type of operation. Charles Morris; L. D. Lathe, Production Manager of Tidewater Oil Company; Wo De Owen, representing Shell 011 Company; Blair James, Bay Lots Division of a mud company supplying Cities Service and Tidewater Oil Companies; J. R. Hailey; and "Honest John" Bagwell, all spoke in support of keeping and maintaining the barge dock as it is. George Hartley, Business Agent for the International Longshoremen's Asso- ciation, Local 1224 and 1225, stated that they had no quarrel with the operation of the barge dock as a community service, but that their quarrel was with using it for operations coming within interstate commerce; quoted the number of man-hours and rate of charges to load and unload barges at the Navigation dock; and stated they feel they have a right to handle all of the interstate commerce coming through the Port, and that the Council should not allow a dock furnished by the City to operate in competition and thereby deprive the local longshoremen of this work. R. Iwanski, Local 1224, felt that the large companies using the City dock could afford to build one of their own, Mayor Barnard summarized the Staff'e presentation of letters and commun- ications against closing the dock, and their recommendation that it was a needed facility and that it not be closed. Motion by Roberts, seconded by Maldonado and paseed that the hearing be closed. Motion by Blackmon, seconded by de Leon and passed that any action on this matter be tabled. Mayor Barnard announced the public hearing on application of Bell & Dnnsfiell for a permit to drill Well #1, Baldwia. Farms, out of Block 20, J. Ca Russell Farm -Blocks, Nueces County. • Minutes City of Corpus Christi, Texas Regular, Council Meeting March 17, 1965 Page 4 John Brooke, attorney representing the applicant, requested that the application be tabled until some later date without effecting the hearing, in view of the proposed ordinance with respect to certain Drilling Blocks on today's agenda. No one else appeared in connection with the application. Motion by Roberts, seconded by de Leon that the public hearing on this application be postponed for one week. Mr. Brooke explained that he intended to refile the application and have the hearing republished for next week's meeting; and City Attorney Singer informed him that if the application is withdrawn, as was suggested, the new application must be on file ten days, and requires five days' notice in the paper. With the consent of the Council, the Chair ruled to disregard the motion. Motion by Blackmon, seconded by Roberts and passed that the application of Bell & Dansfiell for permit to drill Well #1, Baldwin Farms, out of Block 20, J. C. Russell Farm Blocks, Nueces County, be tabled. Mayor Barnard called for the City Manager's Reports. Motion by de Leon, seconded by Roberts and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted as discussed and presented, as follows; a. That authority to acquire Parcel #427, a triangular-shaped tract of land approximately 16' x 14' x 8', for right of way for Crosstown Expressway, High- way 286, by condemnation in order to clear title, be granted; b. That the recommendation from the Traffic Safety Advisory Board for adoption of the speed limit changes on Highway 9 as recommended by the Texas High- way Department, be adopted as set forth in the proposed ordinance appearing later on the agenda; but that another letter of request be forwarded to the State High- way Department to consider lower speeds in the built up areas; and that the Staff study the street lighting needs in those areas, particularly with respect to inter- sections; c. That the date of March 31, 1965, during the regular meeting, be set for public hearing on the application of Chris -Rae Corporation for a change of zoning on a 31.496 -acre tract near Lexington Boulevard and Rodd Field Road; • Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 5 d. That authority for the City Legal Staff to intervene in the matter of Trans -Texas Airways' application for service to points in Mexico, CAB Docket No. 15822, be approved; e. That the following proposal for action regarding the spoil banks adjacent to the Marina, be approved: (1) Bulldoze the material on the islands to level it out; (2) Initiate plans to dredge the main gap as soon as possible at City expense; (3) Prepare an application to the Corps of Engineers for a 107 project for the dredging of the turning basins and all other areas except boat slips, for which, if approved, the cost would be shared on a 50-50 basis by the City and the Corps; (4) Initiate plans for the determination of a permanent disposal area for dredge material and enter into negotiations with the Navigation District and Corps of Engineers to obtain approval of the proposed plan; f. That the application of The Atlantic Refining Company for a permit to rework and operate Well No. 7, T. M. Harrell "A" Lease, Saxet Field, Nueces County, an existing well located between Hunter Lane and Highway 9 east of County Road 53, for which they have no plans to deepen or clean out beyond the original depth, and for which the required documents have been submitted and appear to be in order, be approved; g. That a public hearing be held at this time on the application of W. R. Godsey for permit to drill Well No. 1-A, T. H. Isensee Lease in C. Land Abstract 975-6, Saxet Field, Nueces County. Mayor Barnard called the public hearing on the application of W. R. Godley for a permit to drill Well No. 1-A, T. H. Isensee Lease in C. Land Abstract 975-6, Saxet Field, Nueces County. City Manager Whitney presented the application; explained that the pro- posed location is west of Clarkwood Road between Highway 44 and Highway 9, and the proposed depth is 6,000 feet; that the proposed location complies with the ordin- ance requirements; and that the documents submitted appear to be in order, with the exceptions that the plat showing the location and the Railroad Commission per- mit are in the mail from Houston, according to the City Attorney's conversation with the applicant in Houston this morning; and recommended that the application be approved subject to receipt of the plat and the Railroad Commission permit and the City Attorney's determination that they are in order as required by ordinance. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 page 6 Wylie Singleton, representing the applicant, stated that he had been assured by Mr. Godsey at 11:30 this morning that these documents were in the mail and should certainly be in City Attorney Singer's office in the morning, and that all other requirements of the ordinance have been complied with. No one appeared in opposition to the application. Motion by Roberts, seconded by Young and passed that the hearing be closed. Motion by Roberts, seconded by de Leon and passed that the application of W. R. Godsey for a permit to drill Well No. 1-A, T. H. Isensee Lease in C. Land Abstract 975-6, Saxet Field, Nueces County, be granted subject to verification by the City Attorney that the required documents have all been received and are in complaiance with the ordinance regulations. Commissioner de Leon suggested that a study be made of the school areas where sidewalks are not available, and where accidents have occurred, with a view to finding ways and means of adding to the sidewalk program without going to the expense of curb and gutters, where there appears to be an immediate need, and with a view to investigating the possibility of lowering the speed limits in these areas. Motion by de Leon, seconded by Maldonado and passed that the foregoing matters be considered and a report be made to the Council. Mayor Barnard announced that the Pledge for Safe Driving Stickers and the Pledge Cards will be available very shortly, and that he intends to call a meeting of the Youth Advisory Council within the next ten days to implement this program. Mayor Barnard called on Commissioner Blackmon, who reported briefly on his representing the Mayor and City at a meeting in Austin of representatives from twenty-two major cities with 50,000 population or more, called by the presi- dent of the Texas Municipal League to discuss with the Texas Research League and the Governor of Texas urban problems relative to health, hospitals, roads and streets, public safety, and the overlapping jurisdiction of cities and counties in respect to services in the health field; and recommended that as the seventh largest city in the State, that we cooperate fully with this project of Governor Connally's. • Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 7 Commissioner de Leon reported briefly on his representing the City in Monterrey, Mexico, March 15th, for attending a reception and banquet for Monterrey business leaders on Monday, with members of the Corpus Christi Amigos de Mexico Committee, John Crutchfield, president of the Chamber of Commerce, and Joe Watson, Manager, and Col. Floyd H. Buch, commander of ARADMAC, the main purpose of the trip being to invite the people of Monterrey to visit Corpus Christi, particularly during Holy Week, and to show the City's color film on "Corpus Christi...Industrial Frontier of Texas," which was well received. SECOND READING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-153 OF 'PHP. CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISIONS FOR NORTH FRONTAGE STREET (INTERSTATE 37) FROM UP RIVER ROAD TO McBRIDE LANE, SOUTH FRONTAGE STREET (INTERSTATE 37) FROM LANTANA STREET AND CONTINUING 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 CITY 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 Al 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 RAOD OF STATE HIGH- WAY 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 (INTERSTATE 37) EAST TO THE EAST BOUNDARY OF UP RIVER ROAD; PROVIDING AN EFFECTIVE DATE; 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, Roberts, and Wallace all present and voting "Aye." ORDINANCE N0. 7519 CLOSING THAT 40 -FOOT UNNAMED, DEDICATED STREET IN LOGAN TRACT, OUT OF LOT 9, SEC- TION 4, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, EXTENDING IN A NORTHWEST- ERLY DIRECTION FROM SOUTH STAPLES STREET A DISTANCE OF 1270 FEET, AND LOCATED AT A MIDPOINT BETWEEN HOLLY ROAD AND WOOLDRIDGE ROAD; 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 all present and voting "Aye." ORDINANCE N0. 7520 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS DE- SCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, LIENHOLDERS AND CLAIMANTS SAID CONDEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 8 The Charter rule was suspended, and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts, and Wallace all present and voting "Aye." ORDINANCE NO. 7521 AMENDING THE MAP OF THE CITY DESIGNATED AS "CORPUS CHRISTI DRILLING BLOCKS, MAY 31, 1956", BY REDEFINING DRILLING BLOCKS 450, 451 AND 452, AS HEREINAFTER MORE FULLY DESCRIBED; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; 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 all present and voting "Aye." ORDINANCE NO. 7522 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CH1iISTI 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 THE NORTH THIRTY FEET OF LOT 1 AND ALL OF LOT 2, BLOCK 6, TRACY ADDI- TION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWFUING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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, Roberts, and Wallace ail present and voting "Aye," ORDINANCE NO. 7523 AMENDING SECTION 21-6$ OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED BY ORDIN- ANCE NO. 6853, BY REPEALING ITEMS 4 THROUGH 22, INCLUSIVE, -OF SECTION 1 OF SAID ORDINANCE NO. 6853, SAID AMENDMENT AS HEREIN ADOPTED TO BECOME A PORTION OF SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO FIX SPEED LIMITS ON STATE HIGHWAY 9 AND U. S. 77 AND THE INTERCHANGE BETWEEN HIGHWAY 9 AND U. S. 77 AT CALALLEN, ALL AS SET OUT HEREINAFTER; PROVIDING FOR PUBLICATION; 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, Roberts, and Wallace all present and voting "Aye." Mayor Barnard, with the consent of the Council, called from the table the motion made at last week's meeting by Wallace, seconded by Blackmon, in connec- tion 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, that the ordinance be amended before the third reading to provide that no free-standing Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 9 sign shall exceed 100 square feet in area, and no sign shall extend above the roof line, and to add that there shall be no light or lights on or within any support to any sign, nor shall such support be other than one color which shall be a metallic or neutral color. The Council voted unanimously to hear from those in the audience who de- sired to speak on this matter. Buddy Salvo, owner of Pick's Drive -In, and president of the Restaurant Association, spoke in opposition to the 100 square foot limitation on the basis that this compromise would not really please anyone, and that it was not right to tell a man his sign is illegal after he has received permission from the City to erect the sign and spent so much money to put it up. Mayor Barnard pointed out the proposed amendment makes the sign non- conforming, and that only the Court can declare it illegal. Mr. Salvo pointed out that since even just a few Shoreline motels hire several hundred people, it is a small industry, which in turn attracts tourists and conventions who want to enjoy facilities on the Bayfront, and it is only the businessmen in this industry who know what will help it grow and help pay for their investment. He pointed out that he does not believe that Shoreline business property will become an urban renewal area because of the signs, and has just bought Mack's Drive -In on Shoreline even though he may be forced to close the Shoreline access; and urged that the business men be allowed to continue doing business exactly as they have been to bring tourists and growth to the City. Putt Hill spoke in favor of the compromise 100 square foot area on the basis that it was a workable solution to the difficult controversy. Mrs. Albert Slavik spoke in favor of the compromise 100 square foot area just to settle the controversy; Durwood Thompson spoke for uniformity and conformity on the Bayfront property, but felt the compromise should be passed; Commissioner Wallace felt that sometimes an industry has to be shown what regulations and controls are necessary in order to assure its continuation and expansion; that the motels themselves do not attract the tourists to this City, but the natural beauty of our Bayfront; that the most beautiful places in the world have very strict regulations and controls; that to pass this amendment limiting free-standing signs to 100 square • • Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 10 feet immediately sets up an inequity that must be resolved since there are present- ly larger signs; and that it is his hope that a plan will be worked out at City's expense to bring all property in line with the ordinance, Bud Bayo insisted that people planning conventions want to know how many first-class rooms the City has on the Bayfront; and that he doesn't want some- one telling him what is good for his business twenty years from now.. mre. Owens pointedout that, the Driaccal Hotel has enjoyed a very good business up on the Hill, and that the motels located on the Bayfront, knowing what the regulations were at that time, to make money, and felt that the variances granted these motels because of' hardship was a joke. J. F. Wakefield concurred with Mr. Salvo's remarks, and felt it would also help to bring in. more tax money to the City; "Honest John" Bagwell felt the motels and restaurants are an asset to the City; spoke in. favor of a well -lighted City; and felt that one the City gives a man a permit to put up a certain size sign, it doesn't have the right to retract it; George Jones pointed out that one of the largest and finest chain motels in the country cannot locate here because they must use the exact sign used on TV, and that a motel doesn't spend $20,000 to $25,000 for a sign they don't need; and that only a small man -and -wife operated motel can operate successfully without a large sign, and that he felt that 260 square foot signs should be allowed; Ben McDonald felt that the size of sign should be tied to the size of development, but that the matter should be settled immediately as it is not good publicity for encouraging industry to locate in this City. Mrs. Jim Scott, as spokesman for OPUS, stated that she had never at any time spoken against business, but that it must be in a way that is in the public interest, and the City must operate under laws; and that she was in favor of the. compromise. George Hartley felt that a sign can be beautiful regardless of its size, and that a large sign was less objectionable than trucks doing industrial work on the barge dock. Commissioner de Leon felt the matter could not be decided to satisfy everyone, but was now a matter of deciding something that both sides could live Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 11 with; that the Mayor had offered the 100 Council had made a counter proposal; a.md considered again, particularly since the feet. Motion by de Leon, secomAed.by amendment be designated as 10 spare :'e Signs be declared non -conforming. The Chair requested. an opinion. from the City Attorney as to whether or not the foregoing motion could be a•aeept:d at this point. square foot compromise and none of the that perhaps the dimensions should be Planning Director had suggested 200 square ao,erts that the 100 square feet in the an,:'.!. flArthermora that the existing While waiting for an answer, the Mayor recognized Bill Mochelle, repre- senting Gulf Oil Corporation, with respect to two proposed identification signs for a service station under construction at the northeast corner of Lexington Boulevard and Kostoryz Road. He presented a proposed layout showing the request- ed locations for the two signs, their size and design, and pointed. out that since the property does not come to a point at the intersection where the corner was taken for right of way purposes by the State Highway Department, the normal plan for one sign to serve both traffic thoroughfares is not possible. Mr. Mochelle was advised that his only relief would be to request "B-5" zoning or a Special Council Permit; and it was suggested that perhaps there should be an amendment to the ordinance to cover these situations where the corner has been cropped. City Attorney Singer advised the Chair that the amendment to amend the amendment which has been taken off the table can be accepted, and that they should be voted upon in reverse order; and the Chair accepted Coimnissi.oner de Leon's amendment. Motion by Young, seconded by Roberts and passed that there be a brief recess before any vote was taken. Following a brief recess, the Council was reconvened, and it was noted that all members were in attendance. City Attorney advised that the motion, as stated, changes the status of the existing signs from the status given them by the existing ordinance, and suggested that Commissioner de Leon separate the two issues in his motion. There followed a discussion of the wording and effect of the portion of the motion to • • Minutes City of Corpus Christi, Texas RegUlar Council Meeting March 17, 1965 Page 12 declare existing signs non -conforming, following which, Commissioner de Leon and the seconder withdrew that portion of the motion. The motion was restated, that the words "150 square feet" be substituted for the words "100 square feet' in On roll call vote, Barnard, Young, Maldonado and Wallace voted five to two. tbe motion to amend before the third reading. Bla,Amon, de Leon, and Roberts voted "Aye," and and the Chair declared the motion has passed. On roll call vote on to motion brought from the table, as just amended, Barnard, Young, Blackmon, de Leon, and Roberts voted "Aye," and Maldonado and Wallace voted "Nay," and the Chair declared the motion to amend the amendment be- fore the third reading had passed five to two. OILDINAlTNE NO. 7518 THIRD READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OP THE CITY OF CORPUS CHRISTI ADOPTED ON THE 2TTH LAY '7' P.U.;MdT, 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. 61°6, AS AMENDED, BY STRIKING THEREFROM ALL OF SECTION 14-2, SUBSECTION 16 OF THE CORPUS CHRISTI ZONING ORDIN- ANCE AND INSERTING IN LIEU THEREOF A NEW SUBSECTION 16, PROVIDING FOR THE MAXIMUM SIZE OF CERTAIN SIGNS, CERTAIN RESTRICTIONS REGARDING SAID SIGNS AND FURTHER PRO- VIDING THAT NO AGENCY OF THE CITY SHALL PERMIT THE ERECTIONOF 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 FOB. THE DEFINITION OF "SIGN AREA" AS SAID PHRASE IS USED IN THE CORPUS CHRISTI ZONING ORDINANCE; KEEPING IN EEEECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE As AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; PROVIDING FOR PUBLICATION. The foregoing ordinance vas read for the third time and, passed finally by the following vote: Barnard, Young, Blackmon, de Leon, and Roberts all present and voting "Aye," and. Maldonado and. Wallace voting "Nay." Mayor Barnard announced the public hearing on Application No. 1.65-4, Albert Durant for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the easterly 76.16' of Lots 1 and 2, Block 3, Colonia Hidalgo Addition, Tom Lake, Zoning coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that no one appeared, either for or against the request at the Commission hearing; that in his application the applicant had indicated the purpose to establish an automobile repair garage on • Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 page 13 the subject property, and had later indicated that he did not own the narrow strip adjacent on the west side of the property, that seventeen notices were sent out, one return was received in favor and none in opposition to the request; that the recommendation of the Zoning & Planning Commission was that the request be denied on the basis that the app.'._icant d.^Anot appear during the public hearing and did not submit suffici,nt ?nforma•ioo on tLe propo.?sed.-arse., Mr. Lake added that the COMMiSsion was concerned. that t..1 e was no 'B-4" toning with a radius of several blocks. No-one appeared in co',;ion with this application. Motion by Wallace, setoried. by Maldonado and passed that the hearing be closed.. Motion by de Leon, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and Application No. 165-4 of Albert Durant for change of zoning on the easterly 76.16 feet of Lots 1 and 2, Block 3, Colonia Hidalgo Addition, be denied. Mayor Barnard announced the public hearing on Application No. 265-1, The Edwin Plato Company for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business Listrict on all of Lots 3 and 4+, Block 1506, J. Caruthers Addition, a re -survey of Block 1506, port Aransas Cliffs. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that no one appeared at the Commission hearing in opposition to the request; and that the recommendation of the Zoning & Planning Commission was that it be approved as submitted. Mr. Lake displayed a portion of the proposed Transportation Plan with relation to the Baldwin -Staples inter- section, and suggested the future possibility of need for a small corner of Lot 4, and that it has been suggested by the City Engineer that the property be replatted. City Manager Whitney pointed out that the Transportation Plan has not been adopted by the Council and, therefore, has no official status as yet; that in any event, if adopted, it is merely a guide plan, and that specific portions would be adopted as the need arises; and questioned the right of the City to de- mand a replat since the plat of the property in question has already been approved and filed. Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 14 Bill Kusel, representing the applicant, stated they felt the request was a natural extension of the business commuritp, and that the property would be put to almost immediate use for a service station if the change of zoning is granted. Mrs. Albert Slavik, representing the out-of-state owner of the adjacent triangular -shape property, spoke :.n .savor of 11e request, and felt it was not fair to tie up the property far Some f u -c posy.".ility that might not be done at all. No one appeared. in oppo.i.'t5on to the request. Motion by Roberts, secon<„.ed by Young and passed that the hearing be closed. Motion by Robe-°ts, seconded by Vapace and passed that the recommendation of the Zoning & Planning Commission be conoxrred in, and aa ordinance be brought forward changing the zoning on all of Iota 3 and 4, Block 1506, J. Caruthers Addi- tion, a re -survey of Block 1506, Port Aransas Cliffs, from 'R -1B" to "B-1" Neigh- borhood Business District, Mayor Barnard annou:ned the public hearing on Application No. 265-2, Texaco, Inc. for charge of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on all of Lot "A," Levek Subdivision. Tom Lake located the property on the map; pointed out the zoning and land use of the area; explained that Gerald Gabbert, representing the applicant, appeared in support of the application at the Commission hearing, and no one ap- peared in opposition; that five notices were sent out, no returns received in favor or in opposition; and that the recommendation of the Zoning & Planning Commission was that it be approved as submitted. Gerald Gabbert, representing the applicant, speaking in support of the request, felt that the requested zoning would establish a better zoning pattern in the area, would permit other automobile services for fuller use of the proper- ty with the existing filling station, and would allow a larger sign. In answer t� a question from the Council as to whether as a businessman, he considered the "B-1" zoning too restrictive in regard to signs, T.T. Gabbert answered that in some areas, the size sign permitted in the "P-1" district is all that is needed, but with a limited access road, such as this Interstate Freeway, it is almost imperative to have a larger sign that can be seen by the motorist far enough in advance to allow him to get into the right lane to make the proper turn-off. No one appeared in opposition to the request. Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 15 closed. tion of brought Motion by Wallace, seconded.. 17 de Leon and passed that the hearing be Motion by Wallace, seconded by Maldonado and passed that the recoimnenda- the Zoning & Planning Commission be concurred in, and an ordinance be forward changing the zoning on all of Lot "A," Levek Subdivision, from "B -l" to "B -!N" General Business ` :strict. Mayor Barnard an.oun:ed the public hearing on Application No. 265-3, Wendell A. Board for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business Distriot on all of Lots 7 and 8, Block 4, Naval Center Subdivision. Tom Lake located the property land use of the area; explained. that no request at the Commission hearing; that proposed use of the property for a dry goods and grocery retail store; that twenty notices were sent out, three returns received in favor and one in opposi- tion; that the recommendation of the Zoning & Planning Commission was that it be denied on the basis that approval would constitute spot zoning and the proposed use would hinder future development of adjacent property. No one appeared in connection with this application. Motion by Wallace, seconded by Maldonado and passed that the hearing on the map; pointed out the zoning and one appearedeither for or against the the letter of application indicated the be closed. Motion by Wallace, seconded by Maldonado and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and Application No. 265-3, Wendell A. Board for change of zoning on all of Lots 7 and 8, Block 4, Naval Center Subdivision, be denied. Orin W. Whitley stated that he was appealing the denial last night of a rezoning request by the Zoning & Planning Commission, and requested that the Council set the date at this meeting, for public hearing at the next Council meeting on his rezoning request. W. Whitley was informed that this Council can set the date at this meeting for public hearing on his application, but due to the requirement for publication of notice of hearing fifteen days prior to date Minutes City of Corpus Christi, Texas Regular Council Meeting March 17, 1965 Page 16 of public hearing, the application would be heard by the next Council, since all the out -going Council can do at the April 7th meeting is canvass the election and turn the meeting over to those duly elected as the new Council. There being no further business to come before the meeting, motion by Wallace, seconded by Maldonado and passed that the meeting be adjourned.