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HomeMy WebLinkAboutMinutes City Council - 03/23/1966MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 23, 1966 2:00 p.m. PRESENT: Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Pro Tem Jack R. Blackmon called the meeting to order. The invocation was given by the Reverend R. L. Brown, Pastor of Brooks Chapel Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Dunne, seconded by Sizemore and passed that the absence of Mayor McIver Furman be excused for reason of illness. Motion by Jimenez, seconded by McDaniel and passed that the minutes of the regular meeting of March 16, 1966, at 2:00 p.m., be approved as furnished to the Council. Mrs. Claud Ward, President of the Garden Club, and Mrs. Max Kluge pre- sented the Council with a floral arrangement. Mayor Pro Tem Blackmon announced the Social Security Office would have a "red carpet day" for the senior citizens of the community at the Coliseum on Sunday, March 27, 1966, at 2:00 p.m., for those who have not yet enrolled for "Medicare." Mayor Pro Tem Blackmon welcomed representatives of the Student Council from Del Mar College; and read and presented Certificates of Attendance to Dee Dee Blackmon, Clark Williams, Mary Ann Dauenhauer, Kathy Rankin, and Pat Pope; accepted by Clark Williams, President of the Student Council. Mayor Pro Tem Blackmon announced appointments to Boards and Committees. Mayor Pro Tem Blackmon nominated for appointment to the Citiznes Committee for Community Improvement Lew Borden and Mrs. Frances Farenthold. Motion by Dunne, seconded by Jimenez and passed that Lew Borden and Mrs. Frances Farenthold be appointed to the Citizens Committee for Community Improvement. Minutes Regular Council Meeting March 23, 1966 Page 2 Mayor Pro Tem Blackmon announced that a request had been received from the Chairman of the Citizens Committee for Community Improvement that a subcommittee be appointed, and explained that under Federal legislation involved, the subcom- mittee must be appointed and sanctioned by the City Council as the official body. Mayor Pro Tem Blackmon nominated the following for appointment to the Sub- committee on Minority Group Housing: (Rev. Harold Branch was named Chairman) Minority Group Representatives: Mrs. Virginia Vargas - midwife and drugstore owner - member, CAP Board of Directors Carlos Truan - life insurance salesman - District Director of LULAC - Vice President, CAP Executive Committee Dr. H. L. Brownlow - M.D. - CAP Board of Directors - active supporter of Urban Renewal in 1959 election Homebuilders and Financial Interests Representatives: Frank Gamez - homebuilder - former member, Planning Commission Leland Rosa - homebuilder - member, Building Standards and Housing Board of Appeals - official, Corpus Christi Homebuilders Association Lew Borden - insurance executive - past president, Chamber of Commerce - member, Area Development Committee Organized Labor Representative: Paul Montemayor - secretary, United Steel Workers Union - member, CAP Executive Committee (also a minority representative) Local Housing Authority Representative: Rev. Harold Branch - Baptist minister - member, Corpus Christi Housing Authority Board - CAP Executive Committee (also a minority representa- tive) Social Service Groups Representatives: Miss Anne Dodson - women's editor, Caller -Times member, Coastal Bend Literacy Council Rev. A. F. Swearingen - Presbyterian minister - member, Human Relations Commission Mrs. Frances Farenthold - attorney - member of Human Relations Committee Motion by Jimenez, seconded by Dunne and passed that the foregoing nomina- tions for appointment to the Subcommittee on Minority Group Housing be approved and confirmed. Mayor Pro Tem Blackmon announced the opening of bids. One bid was opened and read on the Resurfacing of Courts of the H. E. Butt Tennis Center, from Casey and Glass. The foregoing bid was tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Blackmon brought up the pending item of the request of Federal Aviation Agency to locate a radar facility in Evelyn Price Park. Minutes Regular Council Meeting March 23, 1966 Page 3 City Manager Whitney presented a reproduction of an aerial map of the Evelyn Price Park and pointed out the proposed location of the radar facility; stated that the matter had been referred to the Park Board, as requested by the Council last Wednesday, and that the Park Board preferred to not make a recommen- dation at this time as they had not had sufficient time to study the request; and read a letter received this date from Mr. Alvin A. LeBlanc, Chief, Airway Facilities Branch of the Federal Aviation Agency, stating a brief history of the radar evaluation conducted in Evelyn Price Park and giving a partial description of the proposed radar facility. Mr. Whitney advised the Council that no communications had bean received regarding this request to locate a radar facility in Evelyn Price Park. Motion by Wallace, seconded by Jimenez and passed that the request to locate a radar facility in Evelyn Price Park be approved; that the area be landscaped in a park -like manner; and that an ordinance be brought forward to this effect. Mayor Pro Tem Blackmon brought up the pending item of the application of Atlantic Refining Company to erect separation and storage facilities on Spoil Island in Corpus Christi Bay opposite Reynolds Metals Company near Ingleside; and explained that the drilling ordinance would have to be amended in order to grant the application. Mr. Charles Hutchinson, Jr., District Manager for Atlantic Refining Com- pany, spoke in support of the application, and explained that tie proposed facility would eliminate the necessity for having a structure in the Bay; and stated that the permit from the Corps of Engineers should be received within the next few days; that it had been published; that it required a ten-day waiting period; and that to date, no objections had been received. In answer to questions from the Council relative to the request being carried over for another week, Mr. Hutchinson advised that he had received the necessary pipe for the pipe line facilities; that if he had to go an alternate route he wanted to use other pipe; and that as it was a "turning point" he needed some type of decision today. Mr. Hutchinson stated that he did not expect the ordinance to be amended and passed today, but that he needed a commitment from the Council. City Manager Whitney advised that no communications had been received re- lative to this request. Minutes Regular Council Meeting March 23, 1966 Page 4 Mr. James D. Pennington, 737 Omaha Street, spoke in support of the appli- cation, and no one appeared in opposition. Motion by McDaniel, seconded by Sizemore and passed that the application be approved and that an ordinance be brought forward for action next Wednesday. Mayor Pro Tem Blackmon brought up the pending item of Application #166-2, Mark P. Bratton, for change of zoning from 'R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lots 1 through 50, Block 1, and Lots 1 through 30, Block 2, Ribby Industrial Subdivision, on which public hearing was held February 16, 1966, and which was tabled for further study and consideration; and read a letter from the applicant setting forth certain deed restrictions for uses that would not be allowed on the property. Motion by Sizemore seconded by McDaniel and passed, with Jimenez voting "Nay," that the recommendation of the Zoning and Planning Commission be concurred in, and that the change of zoning from 'R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lots 1 through 50, Block 1, and Lots 1 through 30, Block 2, Kibby Industrial Subdivision, be approved except for the rear 100 Feet adjacent to the drainage ditch, which would remain 'R -1B" One -family Dwelling District and further subject to a replat showing the building line 100 feet from the rear property line; and further subject to deed restrictions restricting the following: 1. Railroad Switching Yards; 2. Fish, Shrimp, or Oyster Packing Plant; 3. Poultry Slaughter or Packing Plant; 4. Animal Pounds; 5. Machinery Manufacturing; and 6. Wholesale Bakery Manufacturing Mayor Pro Tem Blackmon brought up the pending item to reset for public hearing Application i266-4, Sam Susser, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District, on the South 1/2 of Lots 13 and 13A, Block 4, Del Monte Addition, which was postponed as requested by the applicant. The suggested date of May 4, 1966, for public hearing on the foregoing application, was approved and confirmed by the Council, and Mayor Pro Tem Blackmon advised that appropriate notice would be published. Minutes Regular Council Meeting March 23, 1966 Page 5 Mayor Pro Tem Blackmon brought up the pending item of clarification of decision relative to Application #1265-2, Dr. Wilfred D. Whiteside, for change of zoning from "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 62, 63 and 64, Block 808, Port Aransas Cliffs, on which public hearing was held January 12, 1966, and which application was denied. Mayor Pro Tem Blackmon explained that a vote of four to two was received to deny the application; that the wording in denying this application was not com- plete, and that the entire recommendation of the Zoning and Planning Commission was not acted upon. Motion by Jimenez, seconded by McDaniel and passed that the clarifica- tion of decision relative to Application 91265-2, Dr. Wilfred D. Whiteside, be tabled for one week. Mayor Pro Tem Blackmon read and presented a proclamation proclaiming the week of March 21, 1966, as LOLA FORRESTRR FLOWER SHOW DAYS in Corpus Christi; accepted by representatives of the Garden Club. Mayor Pro Tem Blackmon announced that an application had been received from James D. Pennington for a permit to paint addressee on curbs. Mr. James D. Pennington explained that a special type of reflectory sign would be painted on the curbs; that it would be done by actual solicitation from the home owners; and that a special permit was required and that he would appre- ciate the Council's consideration in approving this permit. In answer to questions from the Council, Mr. Pennington explained that the work would be done in his spare time and between jobs. In discussing the permit, it was pointed out by the Council that the work could be done only by solicitation, and that evidence of infraction of this rule would result in the permit being revoked. Motion by McDaniel, seconded by Dunne and passed that James D. Pennington be granted a revocable permit for one year to paint addresses on curbs. Mayor Pro Tem Blackmon called for the City Manager's Reports. Motion by McDaniel, seconded by Sizemore and passed, that the City Manager's Reports, Items "a" through "f" be accepted; that Items "g" and "h" be considered separately; and that the recommendations and requests be approved and granted as follows: Minutes Regular Council Meeting March 23, 1966 Page 6 a. That the award of contract for construction of the Corpus Christi Marina Improvements, Unit V, be made to Brown and Root; and that appropriation in the amount of $3,000 be authorized; b. That the award of contract for construction of the Meadow Park Recrea- tion Building and Health Clinic (Annex), be made to C. C. Hinchberger; and that appropriation in the amount of $113,953 be authorized; c. That a resolution be approved authorizing the City Manager to make application and execute the necessary forms for applying for a Federal Grant in connection with the Flour Bluff Sewage Treatment Plant; d. That appropriation of funds in the amount of $16,069, for professional services to be performed by International Aerial Mapping Company, for aerial maps of the City and including photography of Ocean Drive, be authorized; e. That authority to negotiate for engineering services for soundings and borings in Corpus Christi Bay in connection with proposed Cole Park expansion, be granted; f. That the date of April 27, 1966, during the regular Council meeting, be set for public hearing on four zoning cases; g. That the application of W. B. Dansfiell to drill a well in Block 494, located in the Southeast 1/4 of Block 9, J. C. Russell Farm Blocks, be considered separately; h. That the application of R. L. Kirkwood for a permit to drill and operate a well in State Tract 706, Nueces Bay, be considered separately. City Manager Whitney presented a plat showing the proposed location of a well to be drilled by W. B. Dansfiell in Block 494, located in the Southeast 1/4 of Block 9, J. C. Russell Farm Blocks. Mr. Whitney pointed out the location of the proposed well as being 1011 Feet West of Flato Road and 467 Feet North of Kosar Road; and stated that the proposed depth of the well is 10,500 Feet; that there are no buildings or structures within 400 Feet; that applicant had submitted copy of application for a Railroad Commission Permit dated March 16, 1966; Certificates of Insurance; and requested the following variances; (1) variance to exceed the 10,000 foot depth limit; (2) variance to use earthen mud pita; (3) variance to Minutes Regular Council Meeting March 23, 1966 Page 7 permit casing program as required by Railroad Commission; and (4) variance from fencing requirements. Mr. Whitney further stated that the proposed location of the well was in the Airport Hazard Zone; and that he would recommend approval of the application subject to applicant securing Railroad Commission Permit, and further subject to clearance from the Federal Aviation Agency. Attorney John Brooke was present in support of the application, and no one appeared in opposition. Motion by Wallace, seconded by Sizemore and passed that the application of W. B. Dansfiell for a permit to drill a well in Block 494, located in the South- east 1/4 of Block 9, J. C. Russell Farm Blocks, be approved as applied for subject to applicant securing Railroad Commission Permit and further subject to clearance from the Federal Aviation Agency. City Manager Whitney presented the application of R. L. Kirkwood for a permit to drill and operate Well #8, in State Tract 706, Nueces Bay. Mr. Whitney pointed out on a map the location of the proposed well, and stated that the well would be a directional well; that the ?roposed depth is 8,000 Feet; that applicant had submitted copy of application for a Railroad Commission Permit, Certificates of Insurance; and that he recommended approval of the application subject to ap- plicant securing Railroad Commission Permit. No one appeared in connection with this application. Motion by Wallace, seconded by Sizemore and passed that R. L. Kirkwood be granted a permit to drill and operate Well #8, in State Tract 706, Nueces Bay, subject to securing Railroad Commission Permit. Mayor Pro Tem Blackmon recognized Mrs. Rosa Gonzalez from the Economic Opportunity office. Mrs. Rosa Gonzalez appeared before the Council on behalf of the "Medicare" program and urged all citizens to assist senior citizens to enroll for "Medicare" on Sunday, March 27, 1966, at 2:00 p.m. in the Coliseum; and stated that civic and church groups would sponsor entertainment for the program. Minutes Regular Council Meeting March 23, 1966 Page 8 ORDINANCE NO. 7954 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH BROWN AND ROOT FOR CONSTRUCTION OF CORPUS CHRISTI MARINA IMPROVEMENTS, UNIT V; APPROPRIATING AND RE -APPROPRIATING THE SUM OF $3,000 FROM NO. 102 FUNDS CURRENTLY BUDGETED IN MARINA ACTIVITY NO. 4151, CODE 502, OF WHICH AMOUNT $2,972.06 IS FOR THE CONSTRUCTION CONTRACT AND $27.94 IS FOR CONTINGENCIES, INCLUDING LEGAL ADVERTISING COSTS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. ORDINANCE NO. 7955 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH C. C. HINCHBERGER FOR CONSTRUCTION OF THE MEADOW PARR RECREATION CENTER AND HEALTH CLINIC (ANNEX), PROJECT NOS. 291-64-2.1 AND 220-64-83; APPROPRIATING OUT OF NO. 291 PARK AND NO. 220 STREET BOND FUNDS THE RESPECTIVE AMOUNTS OF $103,453 AND $8,000; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND, ACTIVITY NO. 4299, THE SUM OF $2,500 MAKING TOTAL FUNDS APPROPRIATED $113,953, OF WHICH AMOUNT $108,707 IS FOR CONSTRUCTION CONTRACT, $961 IS FOR CONTINGENCIES, INCLUDING LABORATORY TESTING AND LEGAL ADVERTISING COSTS AND $4,285 I8 FOR ARCHITECTURAL SERVICES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. RESOLUTION NO. 7956 DIRECTING THE CITY MANAGER TO MAKE APPLICATION AND SIGN THE NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE CONSTRUCTION OF CERTAIN SEWAGE TRANSMISSION AND TREATMENT FACILITIES ON BEHALF OF THE CITY, FOR A FEDERAL GRANT UNDER PUBLIC LAWS 660 AND/OR 89-117, AS AMENDED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolutim was passed by the following vote; Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. ORDINANCE NO. 7957 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $8,690 APPLICABLE TO PROJECT NO. 220-64-61, OCEAN DRIVE IMPROVEMENTS, AND APPROPRIATING AND REAPPROPRIAT- ING OUT OF NO. 102 GENERAL FUND, RESERVE ACTIVITY NO. 4299, THE SUM OF $7,379, MAKING A TOTAL OF $16,069 FOR PAYMENT OF PROFESSIONAL SERVICES TO BE PERFORMED BY INTERNATIONAL AERIAL MAPPING COMPANY IN CONNECTION WITH CONTRACT AWARDED BY MOTION MARCH 16, 1966; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. Minutes Regular Council Meeting March 23, 1966 Page 9 ORDINANCE NO. 7958 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH EMALEEN SCOGGIN, JOINED BY HER HUSBAND, B. R. SCOGGIN, AND IDA BELLE DUGGER, JOINED BY HER HUSBAND, BUFORD DUGGER, FOR THE SALE OF IRRIGATION WATER FROM THE NUECES RIVER AND THE RESERVOIR IMPOUNDING SAID WATER, ALL AS IS MORE FULLY SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. ORDINANCE NO. 7959 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, UPON APPLICATION OF DR. JOSEPH A. ABBEY, BY GRANTING A SPECIAL PERMIT ON THE SOUTHERLY 20 ACRES OF LOTS 17, 18 AND 19, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FRONTING ON THE SOUTHEAST RIGHT OF WAY LINE OF SOUTH STAPLES STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE EXISTING GOLF COURSE AND PROPOSED PERTINENT USES, SUBJECT TO THE CONDITIONS HEREINAFTER SET OUT; 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: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. ORDINANCE NO. 7960 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY, TO EXECUTE AN AGREEMENT WITH WORKREATION OF CORPUS CHRISTI, INC., FOR THE EMPLOY- MENT DURING SUMMER VACATION PERIODS OF BOYS AND GIRLS OF HIGH SCHOOL AGE IN COOPERATION WITH THE PARR AND RECREATION DEPARTMENT OF THE CITY, IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT, A COPY OF WHICH IS ATTACHED HRRFTO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND RESERVE THE SUM OF $6,000 TO PROVIDE FUNDS FOR THE CITY'Y PARTICIPATION IN THE WOREREATION PROGRAM FOR THE FISCAL YEAR; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. FIRST READING OF AN ORDINANCE REQUIRING THE OBTAINING OF A PERMIT FOR THE DRIVING OF PILES, POSTS AND SUPPORTS AND FOR THE BUILDING OF ANY PIER INTO THE WATERS OF CORPUS CHRISTI BAY WITHIN THE CITY LIMITS; REQUIRING MAINTENANCE OF SUCH PIERS; DECLARING THE EXISTENCE OF ANY PIER, PILING, POST OR POLE MEE WATERS, UNLESS AUTHORIZED BY PERMIT AND MAINTAINED IN A USEABLE, SAFE CONDITION, TO BE A NUISANCE AND A HAZARD TO NAVIGATION AND REQUIRING REMOVAL OF SUCH NUISANCES UPON NOTICE FROM THE INSPECTION SECTION OF THE DEPARTMENT OF PUBLIC WORKS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting March 23, 1966 Page 10 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN OIL AND GAS LEASE ON 18.876 ACRES OF LAND ON THIRTEEN (13) VARIOUS TRACTS OF LAND IN NUECES COUNTY, TEXAS, WITR COASTAL STATES GAS PRODUCING COMPANY FOR A FIVE-YEAR PERIOD, BEGINNING JULY 1, 1966, AND EXPIRING JUNE 30, 1971, FOR A CASH BONUS IN ADDITION TO ALL OTHER CON- SIDERATIONS SET OUT IN THE LEASE FORM, TO BE PAID IN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. 2ND READING OF AN ORDINANCE AMENDING SECTIONS 36-91 AND 36-92 OF TEE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING ORDINANCE N0. 7458, So AS TO REQUIRE FINANCIAL RESPONSIBILITY OF ANYONE RENTING OR LEASING MOTOR BIKES; ADOPTING NEW SECTION TO BE NUMBERED 36-93, FORBIDDING THE RENTING OF SUCH VEHICLES TO ANY PER- SON WHO DOES NOT HOLD A DRIVER'S LICENSE OR WHO IS UNABLE TO SAFELY DRIVE SUCH VEHICLE, ALL AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye;" Furman absent. Mayor Pro Tem Blackmon declared a brief recess before the scheduled public hearing on proposed amendments to the Zoning Ordinance Text. Minutes Regular Council Meeting March 23, 1966 Page 11 Mayor Pro Tem Blackmon reconvened the meeting and announced that Council would recognize student representatives from King High School. Mise Linda Erying, Vice-president of the King High School Student Council, presented a petition requesting that Sheridan Drive, adjacent to Richard King High School, between Gollihar and South Staples, be renamed to "Mustang Trail." (Petition #66-5). Mayor Pro Tem Bladon advised the petition would be received and placed on the Agenda at the earliest opportunity for consideration. Mayor Pro Tem Blackmon announced the Council would now hold a joint public hearing with the Zoning and Planning Commission on proposed amendments to the Zoning Ordinance Text; explained the procedure to be followed, and advised that Council could not and would not act until specific recommendations had been received from the Zoning and Planning Commission after the public hearing was concluded. PRESENT: PRESENT: City Councils Mayor Pro Ten Jack R Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace Zoning and Planning Commission: John Zerr, Chairman Henry J. Annen Dr. R. T. Barrera Rear Admiral S. S. Bowling Joseph Dawson Joe Roscoe E. Allan Williford Chairman John Zerr advised that both parties had a quorum present. William Anderson, Director of Planning, presented Item "A", and explained that the definition of a billboard is included under definition of a sign, and that the present ordinance does not contain a definition of billboards. A. To adopt a new Section to be designated as Section 3-106.1 and which new Section will define the term "Billboard". It is proposed that said definition of "Billboard' will be one or more of the following, or parts thereof: 1. "3-1.06.1 Billboard. An outdoor advertising structure which advertises a use not conducted on the premises." or 2. "3-1.06.1 Billboard. An outdoor advertising structure which advertises a use, product, or service not found on the premises." or 3. "3-1.06.1 Billboard. Any sign which advertises products or uses or services available at some point or points within the City other than on the premises." Mr. Anderson stated that the Planning Commission recommended definition #1; that Harland Bartholomew & Associates recommended definition #2; and that the Legal Department recommended definition #3. Minutes Regular Council Meeting March 23, 1966 Page 12 Commissioner McDaniel asked if an advertising structure would include a sign on the building, and Mr. Anderson replied that a sign is any structure and could be attached to anything. City Manager Whitney advised that if a sign was painted on the building it would be considered a sign and not a billboard. Mrs. James E. Scott, representing OPUS, stated that definition #3 was more appropriate. Mr. Robert Rylee, attorney representing Rollins Outdoor Advertising, Inc., stated that the definition could be deviated from and still be lawful; that the definition was subject to attack; and that a better definition could be arranged; and that in definition #2 the words "not necessarily found on the premises" could be inserted. Mr. Anderson presented Item "B", and explained that the present definition did not include signs on wheels. B. Amend Section 3-1.55 defining a "Sign" and adding the following sentence: "A sign shall include all types of mobile signs in all cases where the prin- cipal use of the vehicle, trailer or mobile structure containing or sup- porting such sign is for the purpose of advertising." Mr. Anderson presented Item "C", and explained that this was au amendment to the "AB" Professional Office District; that at the present time the Professional Office District was a semi -residential and business district; that certain offices are permitted in this district; that a sign of one square foot is permitted for each occupant to identify himself and his profession; that there is no provision for identification of the building which contains these professional offices; and stated that the Planning Commission had suggested that an addition be made to this section allowing a twenty square foot identification sign of the building itself. Mr. Anderson further stated that the Staff had discussed this and felt that twenty feet was too large and that eight feet would be satisfactory; and that Harland Bartholomew & Associates recommended that no change be made. C. Amend Subsection (7) of Section 11-2 by adoption of one of the follow- ing proposed amendments, or parts thereof; 1. "(7) Business and professional offices and office buildings; provided, however, that there shell be no advertising sign or device on the lot, on the building or in or on any of the exterior doors or windows of the building, except that there shall be permitted one non --illuminated or back lighted sign identifying the building and not extending above the height of the building as defined in Article 3, Subsection 3-1.34,and not to exceed Minutes Regular Council Meeting Manch 23, 1966 Page 13 or 2. "(7) twenty (20) square feet in area; in addition, there shall be permitted one (1) non -illuminated sign or name plate not to exceed one (1) square foot in display surface for each office or professional person occupying the build- ing; no building may be constructed with, or altered to produce a store front, show window or display window; there shall be no display from windows or doors and no storage or merchandise in the building or on the premises; there shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot." Business and professional offices and office buildings; provided, however, that there shall be no advertising sign or device on the lot, on the build- ing or in or on any of the exterior doors or windows of the building, except that there shall be permitted one non -illuminated or back lighted sign identifying the building and not extending above the height of the building as defined in Article 3, Subsection 3-1.34, and not to exceed ten (10) square feet in area; in addition, there shall be permitted one (1) non-illuminsted sign or name plate not to exceed one (1) square foot in display surface for each office or professional person occupying the building; no building may be constructed with, or altered to produce a store front, show window or display window; there shall be no display from windows or doors and no storage or merchandise in the building or on the premises; there shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot." Mrs. Scott stated that OPUS supported the second option offered in the amendments. Mr. Anderson presented Item "D', and explained that this dealt with signs in the "B-1" Neighborhood Business District. Mr. Anderson stated that shopping centers have been classified as "B-1"; that they have had to go to the Board of Adjustment to get relief for signs; that if the property had been properly zoned they would not have had this problem, and that the best classification for the shopping centers is "B-3" Shopping Center District. Mr. Anderson further stated that this district had been in the Ordinance since 1961 but that developers found it difficult to use; that the proper wording that vas suggested in a recent memo to the Council was taken from the Community Builders/ Handbook, and that the Staff and Commission were revising the entire section of "B-3." Mr. Anderson also stated that if "B-1" zoning vas to be left in the ordinance the regulations should be such to give maximum protection to nearby residents. Mr. Anderson stated that Harland Bartholomew & Associates recommended Proposal #2. D. Amend Subsection (7) of Section 13-2 by adoption of one of the follow- ing proposed amendments, or parts thereof; 1. "(7) Outdoor advertising structure or non -flashing sign pertaining only to the use conducted within the building. Such sign shall be flat against the wall and shall not extend above the height of the building as defined in Article 3, Subsection 3-1.34. The total sign area in square feet shall be Minutes 'Regular Council Meeting March 23, 1966 Page 14 calculated by two (2) times the lineal foot frontage of the lot exposed to the street, and on corner lots one-third (1/3) of the side -street frontage may be included in the calculations, but in no case shall the total sign area exceed two hundred (200) square feet." or 2. "(7) Outdoor advertising structure or non-f]ashing sign pertaining only to the use conducted within the building. Such sign shall be flat against the wall and shall not extend above the height of the building as defined in Article 3, Subsection 3-1.34+. The total sign area in square feet shall be calcu- lated by two (2) times the lineal foot frontage of the lot exposed to the street, and on corner lots one-third (103) of the side -street frontage may be included in the calculations, but in no case shall the total sign area exceed twenty percent (20%) of the total face of the building." (A sentence defining "face of the building" will be added.) Commissioner Wallace asked if the definition of "face of the building" would be added now or later, and that one of the major oil companies had asked that they be permitted to hang from the overhang, letters indicating name of the company which would probably be two or three feet from the building. Attorney Bob Sorrell, representing Texaco, Inc., asked if the Council and Commission would be in favor of feArging upon this definition. Mayor Pro Tem Blackmon stated that it clearly stated the sign should be flat against the face of the building. Cliff Harris, representing Humble Oil & Refining Company, stated that their signs set on canopies, and asked if the entire sign had to be flat against the wall or just part of it. Mr. Dawson stated that the Commission ruled out extending above the roof line of the building when this paragraph was written, but that if it was desirable he felt consideration should be given to this. Mayor Pro Tem Blackmon inquired about determining any serious opposition to enlarging upon the language to permit this type of sign, and Bill Stalter, a member of the Board of Adjustment, stated this could cause trouble and he could conceive a line of office buildings with heir signs on canopies. Corn tssion McDaniel asked about adding "flat against the wall or not extending beyond the edge of the roof line", and Mr. Roscoe stated that it had to be limited to size and length individ>>s ly. Mr. Anderson stated that this recommendation eliminated free-standing signs and that service stations needed special consideration. Minutes Regular Council Meeting March 23, 1966 Pagel5 Mr. Harris suggested that free-standing signs be permitted in "B-1" district; that they could be controlled by the City; and stated that gawdy signs would be re- moved and the premises would be beautified. Mr. Harris further stated that the "B-1" district was very important to service stations; that they had approximately twenty stations in this area, and that they had no other means of identifying the stations. Mr. Sorrell stated that Texaco, Inc. and others are very much opposed to abolishing free-standing signs in the "B-1" district; that many "B-1" business areas could not qualify for "B-3" district; that the "B-1" district should be "B-4", and that the eliminwtion of any free-standing sign in "B-1" district would place a further handicap and hardship on the people trying to do business in the City. Mrs. Scott commended the service stations in beautifying their premises but stated that she felt the ordinance being proposed to eliminate the free-standing signs was also a "step in the right direction"; that service stations needed the reassurance that we trade with them, not because of the signs, but because we are good neighbors, and that neighborhood relationships should be improved. Mrs. Scott further stated that OPUS supported Proposal #2. Mr. WIllfOrd stated that he felt this section of the proposed change of the ordinance should be studied further. Bud Salvo, restaurant owner, stated that a sign was the best investment a businessman could make; that the small business owners settled in"the "B_1" dis- trict; and that the free-standing signs should not be eliminated. Mr. Anderson presented Item "E", and explained that this section was a revision of the "B-3" Shopping Center District; that some deletions were made to use regulations; that it was the hope that developers would discuss the changing of this district; and that the regulations and map needed to be changed. E. Amend Sections 15-1, 15-2, 15-3, 15-4, 15-5, 15-5.01, 15-5.02, 15-5.03, 15-5.04, 15-6 and 15-7 by adoption of the following proposed amendments or parts thereof: Section 15-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulatioLs in the "B-3" Shopping Center District. The purpose of this district is to provide for attractive and efficient retail shopping facilities of integrated design in appropriate locations to serve residential neighbor- hoods. It is intended that the district shall be laid out and developed as a unit according to a generalized site plan. Minutes Regular Council Meeting March 23, 1966 Page 16 (GENERAL PLAN.) Section 15-2 Use Regulations. A building or premises may be used only for the following purposes; (1) Retail sale of merchandise, services, offices, parking areas and other facilities as set forth and described in this section and or*inerily accepted as shopping center uses. (2) (DELETED) Section 1 -3 Ownership Control. In order that the purpose of this district shall be realized, the land and the buildings and appurtenant facilities shall be in a single ownership, or under management or supervision of a central authority, or they shall be subject to such other supervisory lease or ownership control as may be necessary to carry out the provisions of this Ordinance relating to "B-3" Shopping Center Districts. Section 15-4 Procedure. The owner or owners of any tract of land comprising an area of not less than two acres may submit a site plan for the use and develop- ment of all or part of the tract for the purposes of, and meeting the requirements set forth in this article, as a separate proposal or as a part of a Community Unit Plan as set forth in Article 28. Public hearings shall be held in accordance with procedures in Article 30. Section 15-5 Generalized Site Plan. The plan for the shopping center shall show the requirements set forth in this article; the shopping center shall be developed according to these requirements. The Generalized Site Plan shall: (GENERAL REQUIREMENTS) Section 15-5.01 Show the boundaries of the entire tract to be developed and width of right-of-way and pavement of existing streets. 15-5.02 Present a well designed relationship of parking access to building areas and the vehicular access and circulation. 15-5.03 Show a desirable relationship of the shopping center to surrounding residential areas so as to minimize possible adversities. 15-5.0)+ Provide for advertising signs by: (a) Permitting one pylon type sign in accordance with generalized site plan. (b) Requiring the developer or owner of the shopping center to prepare sign control regulations for Commission approval that would permit identification of individual stores and with which each store must comply. The control regulations shall specifically provide that the City may enforce said regulations. Section 15-6 Unified Shopping Center. The shopping center buildings shall be designed and built as a whole, unified and single project but may, how- ever, be built in stages in accordance with a submitted construction timing schedule. Section 15-7 Specific Requirements by the Commission. The Commission may make reasonable specific recommendations as to utilities, drainage, landscaping, lighting, screening, access ways, curb cuts, traffic control, height of buildings and setback of building to protect adjoining residentially zoned lots or residential uses. Said additional recommendations, if any, shall be forwarded to the City Council. Minutes Regular Council Meeting March 23, 1966 Page 17 Mrs. Scott stated that OPUS favored the changes being offered for the "B-3" district and recommended one addition that "a height of no more than twenty- five feet be designated for the pylon sign identifying the center, and no individual building be permitted a sign above its roof -top." Mr. Anderson stated that Harland Bartholomew & Associates considered the proposals to be an improvement and that the firm favored Subsection (b) under Section 15-5.04, pertaining to advertising signs. Mr. Anderson presented Item "F", and stated that Harland Bartholomew & Associates favored Proposal #2. F. Amend Subsection (10) of Section 16-2 so as to hereafter read as follows: 1. "(10) Outdoor advertising structures pertaining only to the use conducted within the building. If the free-standing sign is located within the minimum depth of the front yard as defined in Article 24, such sign shall not exceed forty (40) square feet; shall not overhang or project into the public right-of-way; and shall not exceed a height of twenty-five (25) feet." or 2. "(10) Outdoor advertising structures pertaining only to the use conducted within the building. If the free-standing sign is located within the minimum depth of the front yard as defined in Article 24, such sign shall not exceed twenty percent (20%) of the area of the face of the building." (A sentence defining "face of the building" will be added.) Mrs. Scott stated that OPUS felt the new section could be improved by having the height regulations apply to the placement of any sign, not just those in the front yard areas; and that the staff recommendations defining the number of signs and their total area should also be incorporated into the language of the section. Mr. Rylee stated the definition would not reach the intent that was behind the proposal; and Mr. Harris stated that twenty percent of the face of the building was unfair. Mr. Anderson presented Item "G", and explained that it involved the regulations of automobile wrecking yards; and that Harland Bartholomew & Associates favored the latter part of Proposal #2 relative to "the screening requirements must be met by the location and maintenance of a solid fence, plantings or building of sufficient height to eliminate from public view objects stored on the premises." Minutes Regular Council Meeting Marek 23, 1966 Page 18 G. Amend Section 21-2 by adding to Item under Unclassified Uses now read- ing "Automobile Wrecking, cars and parts, storage and sale" and certain requirements, so that said item shall hereafter read as follows: 1. "Unclassified Uses Automobile wrecking, cars and parts, storage and sale, pro- vided the following requirements are met: (i) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cars or parts; and (3) The occupant of such area must comply with all laws, ordinances and regulations having to do with health, welfare and safety. The screening requirement must be met by the location and maintenance of a fence, shrubbery or any reasonable substitute. However, where any part of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighbor- ing industrial use or uses or auy other condition, no additional screening shall be required for such part so long as such condition shall continue to serve said purpose." or 2. "Unclassified Uses Automobile wrecking, cars and parts, storage and sale, pro- vided the following requirements are met: (1) The area must be sufficiently well screened so as to block from public view the airecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cars or parts; and (3) The occupant of such area must comply with all laws, ordinances and regulations having to do with health, welfare and safety. The screening requirement must be met by the location and maintenance of a solid fence, plantings or building of sufficient height to eliminate from public view objects stored on the premises. However, where any part of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighboring industrial use or uses or any other condition, no additional screening shall be required for such part so long as such con- dition shall continue to serve said purpose." Mrs. Scott stated that of the two proposals submitted, OPUS supported the second, but considered it essential to regulate these solid fences in such a manner that they do not become large advertising vehicles in themselves. Attorney Jim Ryan, representing the automobile wreckers, stated that the wrecking yards should be adequately screened from the public. Mr. Anderson presented Item "H", and explained that Laura Copeland, Zoning and Planning A%ministrative Assistant, had prepared a map showing the location of trailers and trailer parks in the City, and pointed out the various locations. Mr. Anderson stated that this proposal would give immediate relief to the problem we have at this time relative to one trailer use, but that the entire problem needed to be studied. H. Amend Subsection (10) of Section 25-4 and repeal Section 25-6. The amendment of Subsection (10) of Section 25-4 to hereafter read as follows: "(10) Permanent or temporary trailer park or mobile homes court or an individual trailer house or mobile home." Minutes Regular Council Meeting March 23, 1966 Page 19 J. E. Bartle, realtor, stated that he felt a large segment of business was lost by not allowing people to put trailers on individual lots. Mr. Bryan, a resident of Flour Bluff, stated that a permanent permit should be considered instead of a special use permit with a time limit; and that the City was losing tax money by not allowing trailers on private -owned lots. Mr. Nichols stated that he had a trailer parked on his lot but was unable to use it; that he checked with Zoning and Planning Commission but was denied the right to use the trailer because of opposition. Mayor Pro Tem Blackmon stated that legally no one had the authority to grant a permit for one trailer on one lot, and that it was a very serious problem. Harold Carr, realtor, stated that the ordinance should be amended to allow inAividnals to have a trailer on their lot; that this amendment would "turn the planning Commission into a permit office", and suggested that the Don Patricio Sub- division be classified and made available for single trailer lots, as well as other areas on the west side of the City. Commissioner Wallace stated that he did not understand why a mobile home should be treated differently than a house built on a site; and that if it conformed to the Building Code there was not any difference between the two. Reverend W. E. Comstock, Pastor of Assembly of God Church in Annaville, spoke in support of the ordinance being emended to allow one trailer provisions. Mr. Dawson explained that the proposed amendment would permit an indi- vidual trailer on a lot; that it would be subject only to the regulations governing that piece of property; that there was no provision in the ordinance to allow a one -trailer park, and that permits were granted on something that did not exist. Mrs. Scott stated that OPUS was opposed to this amendment but would favor an amendment to the zoning ordinance which would provide a use district permitting subdivisions restricted for individual and multiple trailer lots. Mr. Bob Gulley, President of the Texas Mobile Home Association, and operator of Gulley's Trailer Ranch, spoke briefly on the amendment, and stated that he had access to trailer ordinances from other states; that his association had prepared a trailer ordinance; and that he would appreciate the opportunity to work with the City on a trailer ordinance. Minutes Regular Council Meeting March 23, 1966 Page 20 Mr. Anderson presented Itau "I", and explained that this amendment would permit billboards in the "B-4" district by Special Permit. 1. Amend Section 25-4 by adding a new subsection numbered (13) reading as follows: 7(13) Billboards in a "B-4" District subject to Federal and State regula- tions where applicable." Mrs. Scott stated that OPUS was unalterably opposed to this amendment. Mr. Rylee stated that Rollins outdoor Advertising, Inc. had 445 signs located inside the City limits; that 159 signs are located in "B-1+"; 67 signs are located in "B-5"; that the rem ining signs are located in "B-6" and various industrial and other classifications; that obtaining a permit for each sign put an undue burden on this type of business and was -unreasonable and a discrimination. Mr. Rylee further stated that outdoor advertising should be in business and com- mercial areas; and that it should resin in. the "B-4" district. Mr. James Roddy, Vice-president of Rollins Outdoor Advertising, Inc., concurred with the remarks of Mr. Rylee; commented on the federal legislation for beautifying the highways and, asked if they could work with Council in preparing a zoning ordinance amendment that would give protection and still permit the outdoor advertising. Harold Carr presented pictures of various "B-4" areas in the City; pointed out the existing billboards; and stated that business was competing with billboards. Mr. Carr further stated that he was in favor of P1iminatjng billboards in the "B-1." area because they are near residential area, and that eventually they would be eliminated completely; that the billboards "cluttered" the area and were harming the City from an aesthestic viewpoint. Mrs R R Blankert stated that she did not see anything wrong with bill- boards if they were properly located. Mrs. Scott presented am* and pointed out the locations of special permits that had been granted, as well as other zoning changes, and stated that since 1961, 380 zoning changes had been approved, and that of that number, 105 were Special Permits; that the years 1963 and 1965 had the greatest number of zoning changes; and that she strongly questioned whether there was merit in this many changes. Minutes Regular Council Meeting March 23, 1966 Page 21 Mr. Anderson presented Item "Jr, and explained the proposed amendment. J. Amend Section 30-4.1 by arising a sentence reading as follows: "In the event the City Council shall fail to act within said forty-five (45) days, such proposed amendment, supplement, change or Special Permit shall be deemed in all things denied." Mr. Anderson presented Item "K", and explained the proposed amendment. K. Amend Paragraph C of Subsection (12) of Section 25-4 by adding the following sentence: "Whenever any motion or vote on a proposed ordinance amending the Zoning Ordinance under this subsection has failed to receive a sufficient affirm- ative vote to be effective, unless some other action is taken by the Council at said meeting of the Council which has a sufficient affirmative vote to be effective, the proposed change in zoning or grant of a Special Permit shall be deemed denied. Mr. Anderson presented Item L, and explained the proposed amendment was to allow air conditioning units to be placed in the side yards. L. Amend Section 27-3.01.02 by deleting the word "window" in the existing phrase "window air conditioning units." Mr. Anderson presented Item M, and explained that this section pertained to the termination of non -conforming uses, and included all non -conforming uses. Minutes Regular Council Meeting March 23, 1966 Page 22 M. Amend Section 26-4 by adding one or more of the following sentences: Term of Non -Conforming Uses: 1. "Non -conforming uses shall terminate within three (3) years from the effective date of the proposed change"; or 2. "Non -conforming uses shall terminate within five (5) years from the effective date of this proposed change"; or 3. "Non -conforming uses will terminate when the useful life of said non- conforming use has been exhausted by the nature of the sign and nature of erection." Mrs. Scott stated that OPUS supported Proposal #1. Mr. Rylee stated that Proposal #3 was the most reasonable proposal, and that the cost of an outdoor advertising sign varied. Mr. Williford stated that the useful life of a building, as well as a billborad, should be considered, and that he favored Proposal #3 with a maximum limit. Mrs. Scott stated that there was a great deal of question regarding this type of clause being inserted, but that it was a means by which non -conforming uses could be terminated. Mayor Pro Tem Blackmon stated that as the proposed amendments had all been presented, and it was a joint public hearing, the Council and the Zoning and Plan- ning Commission should each decide whether to close the public hearing or set it for recess. Chairman Zerr stated he would entertain a motion. Mr. Dawson stated that before the hearing was closed he wanted to make a statement; that the recommendations of the Zoning and Planning Commission were sent to the City Council with the recommendation they be approved as presented; that the hearing today resulted in a discussion relative to pylon signs and billboards; that the pylon signs are part of the "B-3" and "B-4" districts; and that the billboard problem had been thoroughly discussed with representatives of the Sign Industry. Chairman Zerr stated the Commission would take this into consideration and make a formal recommendation at another time. Minutes Regular Council Meeting March 23, 1966 Page 23 Mayor Pro Tem Blackmon stated the Council could not act until a recom- mendation vas received from the Commission. Motion by Dawson, seconded by Bowling and passed that the hearing be closed. Motion by McDaniel, seconded by Wallace and passed that the hearing be closed. Mr. Williford explained that special permits were granted in lieu of a zoning change; that the special permit limited the applicant to the requested use; that the special permits were given to protect zoning; and that the Commission was maintaining zoning and not breaking it down. Mayor Pro Tem Blackmon asked for petitions or information from the audience on matters not scheduled on the Agenda. Mr. Allen J. Bennett appeared before the Council and requested permission to paint house numbers on curbs in the City, and explained that he obtained busi- ness by distribution of circulars offering this service, and that he would have written word of approval before the work would be done. Motion by McDaniel, seconded by Dunne and passed that the request for painting house numbers on curbs be discussed at Workshop Monday night. There being no further business to come before the Council, the meeting was adjourned.