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HomeMy WebLinkAboutMinutes City Council - 11/18/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 18, 1970 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney Jim Riggs City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Commissioner W. J. Roberts in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of November 4, 1970, were approved as submitted to the Council. Mayor Blackmon announced the issuance of proclamations relative to the following: MAYFLOWER COMPACT DAY, November 21, 1970, and NATIONAL RETARDED CHILDREN'S WEEK, November 22-28, 1970. Members of the Student Council of Calallen High School were recognized, and Mayor Blackmon_presented Certificates of Attendance and designated as Honorary Junior Commissioners, Debbie Teague, Wally Fears, Walter Veselka, Roxy Bode, Denise Vetters and Ursula Dunn. Mayor Blackmon presented a plaque to Mr. Andy Cook, Manager of Radio Station KINE of Kingsville, for meritorious service in providing radio communications during Hurricane Celia, and expressed the gratitude of the City of Corpus Christi and surrounding areas for the truly great community service rendered at a time of disaster by staying on the air all night when all other communications were lost. Mayor Blackmon announced the opening of bids. Bids were opened and read on repairs to the Transit System Building damaged by Hurricane Celia, from the following firms: J.S.R. Building Company; Manson Industry; Bartex, Incorporated; and Braselton Construction Company. The foregoing bids were tabled pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. • Minutes Regular Council Meeting November 18, 1970 Page 2 Bids were opened and read on Transit System Building Rehabilitation, including painting, repairs, waterproofing, etc., unrelated to Hurricane Celia, from the following firms: Manson Industry; Braselton Construction Company; and Bartex, Inc. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Relative to the scheduled public hearing on the Appeal of Mental Health Affiliates, Inc., Special Use Permit #70-17, City Manager Townsend reported that the zoning case from which this appeal came, has been officially withdrawn by letter dated November 11, 1970, and is no longer a matter before the City Council. Mayor Blackmon announced that the Council would hear the appeal of Rollins Outdoor Advertising Company from the decision of the Building Inspection Division relative, to replace- ment of signs damaged or destroyed by Hurricane Celia. Attorney Cecil E. Burney, representing the Rollins Company, preseOted the appeal and background information, and stated that they are not asking the Council to waive any require- ment of the Zoning Ordinance or asking for a special permit, but are asking that Section 26-4 of the Zoning Ordinance be reviewed relative to its interpretation of "fair market value". He explained that they are only concerned with billboards that were located in areas zoned "B-4", stating that some of the panels are being reconstructed under authorizption of the Staff as being damaged less than 50 percent of the total replacement cost, and that the signs remaining in the areas zoned "B-4" damaged more than 50% are the basis of this appeal. Mr. Burney quoted from Section 26-4 of the Zoning Ordinance which states "that no building which has been damaged by any cause to the extent of more than 50 percent of the "fair market value" immediately prior to damage shall be restored..."; that the Staff's interpretation of the ordinance is that sign panels located in areas zoned "B-4"are considered to be nonconforming use and cannot be restored if damaged more than 50 percent of cost of construction. He stated that they are here to show that "fair market value" is a price agreed to by a willing seller and a willing buyer and not replacement cost, and stated that all of the damaged or destroyed signs had a fair market value immediately prior to the storm of more than $1,000 per panel, and that the cost of rebuilding the boards would be less than $500. • Minutes Regular Council Meeting November 18, 1970 Page 3 Mr. Wm. L. Watts, Zoning Consultant from Washington D. C. spoke on behalf of the appeal and explained his background and experience in other major cities; cited examples of signs in other parts of the country valued as high as $20,000, and stated that his interpretation of "fair market value" is not in the cost of construction but on the fair market value based on location and exposure to traffic for selling a message, which he stated could be at least twice the cost of construction of the billboards. He presented a chart pointing out specific locations of billboards, value of salvaged material, cost of new material needed, cost of labor to restore, total cost and net cost per panel. He also presented photographs of types and structure of signs. He stated if they are not permitted to reconstruct the signs, their right fo stay in business in Corpus Christi will be destroyed. Mayor Blackmon stated the Council is not opposed to Rollins Advertising Company as such, but that there are a number of aspects to the problem which the Council must consider. He pointed out that the billboards in question are nonconforming uses and that the ordinance treats billboards as structures but not specifically mentioning billboards, and pointed out that any other going business located in nonconforming zones which were destroyed more than 50 percent, would not be allowed to be reconstructed. He explained the dangers of loose objects becoming missiles in the event of a storm such as Hurricane Celia, and that if the City operated under the theory presented in this appeal, the City would never be able to get rid of the noncorming uses of the signs. City Attorney James Riggs stated that a reasonable reading of the definition of "fair market value" concerning billboards would be what a willing buyer and a willing seller would agree to as the particular structure, but that if the ordinance is to have any purppse: at all, it does not include intangible values. Mr. Burney stated that the ratio of signs permitted on private property and by the Rollins Outdoor Advertising Company are about two to one and present the same element of danger. and damage in time of storm, and that the Council should not confuse the issue with safety. Mr. John Olsen spoke on behalf of the Architects Association, and stated they had gone on record as opposing the appeal of Rollins Advertising Company, and sustained the interpretation r • Minutes Regular Council Meeting November 18, 1970 Page 4 of the Staff as to reconstruction of signs in nonconforming areas, and desire to encourage the strict enforcement of the zoning ordinance. Mayor Blackmon directed that the City Manager obtain information from the tax office and legal authorities as to permit and tax values. Motion by Bradley, seconded by Sizemore and passed, that the hearing be closed. Motion by Sizemore, seconded by de Ases and passed, that the foregoing matter be tabled pending further information from the Staff. - Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by Roberts and passed, that the City Mtinager's Reports, Items "a" through "p", with Sizemore voting "Nay" on Item "p" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the authority to advertise for bids to be received at 11:00 a.m., December 8, 1970, for Gas Division's annual requirement of 2", 4" and 6" bare steel pipe, including 161,551' of 2", 37,117' of 4", and 14,150' of 6" pipe, specifications calling for delivery in one shipment, be granted; b. That the authority to advertise for bids to be received on December 8, 1970, for coating and wrapping approximately 213,000 feet of City -owned Bare Steel Pipe used by the Gas Division, be granted; (Bids will be received the same day for puchase of pipe which is the estimated annual requirement) c. That the authority to advertise for bids to be received December 8, 1970, for an estimated twelve month's requirements for 31 warehouse stock items consisting of fittings, flanges, ells and reducers, in various sizes, for gas and water main installations, be granted; d. That a contract be awarded for two prefabricated sheet -metal buildings to Service Industries of Corpus Christi for the low bid of $10,275, consisting of (1) 40' x 20' x 10' Butler prefabricated sheet -metal building; and (2) 50' 3" x 15' 3" x 8' Butler prefabricated sheet metal building, replacements of gas regulator stations destroyed by Hurricane Celia; (Bid Tabulation X45-70) e. That a contract for repairs to the Holly Road Reservoirs be awarded to Bartex, Inc., for $49,800, and an appropriation in the amount of $55,000 including $3,200 for engineering and $2,000 for other related costs, be approved; • Minutes Regular Council Meeting November 18, 1970 Page 5 f. That the authority to advertise for the sale of surplus City property, being Lots 1 to be received December 10, 1970, andlTA,McBride Commercial Sites located at 5300 Leopard Street be granted; g. That the City concur in the desirability of the County for the acquisition of 10' from Lots 11 and 12 Of Share 3A, Kaler Partition for the improvement of Cantwell Lane, (which is outside the City limits, but abutting lots are inside the City), as authorized by the Commissioner's Court on November 10, 1970; - h. That the date of December 7, 1970, Special Meeting, 2 p.m. be set for a public hearing on the following zoning applications; (1) C. E. Munson, from "A-2" to "AB" on the southeast corner of Agnes and Tancahua Streets; (2) C. B. Ritter, from "R -1B" to "A-1" on the southeast corner of Don Patricio and Waldron Roads; (3) Drs. Madison S. Pace & Wm. T. Malone, from "R -1B" to "AB" on the southeast corner of Weber Road and Redwood Drive; (4) Billy W. and Gloria Bell, from "R -1B" to "1-2" on the southwest corner of Brett and Jean Streets; and (5) Fred F. Morgan, Jr., from "R -1B" to "A-1" on the south side of Bear Lane near Cliff Maus Drive; i. That the City dedicate right-of-way 30' wide approximately 2,600' along the south side of Sanitary Landfill Site off Carbon Plant Road, adjoining property owners to do likewise, and the County to pave the road; (The City has been utilizing private property for access to the Landfill) j. That the preliminary plans for the Salt Flats drainage improvements and Hillcrest trunk storm sewer be approved; k. That the preliminary floor plans and design sketches of the Central Service Center's Street, Sanitation, and Equipment Maintenance buildings, be approved; I. That Black & Veatch, Consulting Engineers, Dallas and Kansas City, be employed as previously approved for an estimated sum of $28,300 to perform engineering services for the expansion of sludge handling facilities and effluent disposal at the Oso Sewage Treatment Plant; and that $29,300 be appropriated including $1,000 for laboratory tests and related costs; m. That the application to purchase equipment to provide a program to microfilm and code fingerprint files and identification photographs, be approved, with the total cost being $82, 106, and the City's 50% share to be in staff and services; • • Minutes Regular Council Meeting November 18, 1970 Page 6 n. That the request of the Central Business District Association to remove parking meters on the 200 and 400 Blocks of Chaparral and the west side of the 400 Block of Mesquite from November 23, to December 27, 1970, so that Christmas decorations can be installed, be approved; o. That a drilling permit for Jake L. Hamon to drill at an irregular location in State Tract 11 directionally to a depth of 8,800 feet as recommended by the Bay Drilling Committee, be approved; p. That the public hearing on street improvement assessments in Molina be formally closed and the assessment roll, as amended, be adopted. Commissioner Sizemore stated that he opposed the approval of the assessment roll on street improvements in the Molina Area on the basis that he felt some of the properties were being assessed for more than they would be enhanced. City Manager Townsend presented pending items and the following actions were taken; Motion by Sizemore, seconded by Roberts and passed, that an ordinance be brought forward and placed on a three -reading basis as recommended by City Manager Townsend, amending the zoning ordinance relative to apartment density, open space, and parking requirements, which amendments are contained in the caption of the ordinance to be presented later in this meeting. Motion by Roberts, seconded by Lozano and passed, that the public hearing relative to Urban Renewal, held November 4, 1970, and recessed November 11, be further recessed to the following week. ORDINANCE NO. 9999 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 PROPERTY OWNERS IN THE 200 AND 300 BLOCKS OF OHIO, BY AMEND- ING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 20 THROUGH 24, BLOCK 6, DEL MONTE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO FAMILY DISTRICT TO "R -1B" ONE FAMILY DWELLING 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: Blackmon, Lozano, Bradley, de Ases, McDaniel and Roberts, present and voting "Aye"; Sizemore voted "Nay". • • Minutes Regular Council Meeting November 18, 1970 Page 7 ORDINANCE NO. 10000 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S. TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODA- TIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PRO- VIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting"Aye". ORDINANCE NO. 10001 AUTHORIZING AND DIRECTING THE CITY MANAGER TO GRANT A STREET EASEMENT TO NUECES COUNTY, 30 FEET WIDE BY APPROXIMATELY 2600 FEET, OUT OF THE SOUTH SIDE OF A 90.748 ACRE TRACT CONVEYED TO THE CITY OF CORPUS CHRISTI BY GUARANTY NATIONAL BANK, AND RECORDED IN VOLUME 1287, PAGE 232, NUECES COUNTY DEED RECORDS, AND MORE FULLY DESCRIBED HEREINAFTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 10002 ANNEXING TO THE CITY CERTAIN PUBLIC LANDS, INCLUDING THE NUECES RIVER AREA; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 10003 APPROVING REASSIGNMENT FROM CORPUS CHRISTI BANK AND TRUST TO SMALL BUSINESS ADMINISTRATION OF A LEASE AGREEMENT, BLEDSOE AVIATION, INC., BEING A MESNE ASSIGNEE, CONCERNING AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, 500' x 350' AS SHOWN ON EXHIBIT "A" ATTACHED TO SAID ASSIGNMENT DATED JULY 14, 1960, AND APPROVED BY ORDINANCE No. 5789, SUBJECT TO CERTAIN CONDITIONS SET FORTH IN THE NEW ASSIGNMENT OF LEASE FROM CORPUS CHRISTI BANK AND TRUST TO SMALL BUSINESS ADMINISTRATION, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF; SUBJECT TO CERTAIN CONDITIONS SET FORTH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 18, 1970 Page 8 • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 10004 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BARTEX, INC., FOR REPAIR OF HURRICANE DAMAGE TO THE HOLLY ROAD RESERVOIRS; APPROPRIATING AND REbPPROPRIATING OUT OF NO. 141 WATER MAINTENANCE AND OPERATION FUND, ACTIVITY NO. 5198, THE SUM OF $55,000, OF WHICH $49,800 IS FOR THE CONSTRUCTION CONTRACT AND $5,200 IS FOR CONTINGENCIES, INCLUDING ENGINEERING AND INSPECTION, ALL APPLICABLE TO JOB NO. 5198-113, SAID PROJECT AMOUNT TO BE PARTIALLY REIMBURSED BY THE OFFICE OF EMERGENCY PREPAREDNESS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO, 10005 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Elvira Drive, Jose Drive, Valdez Drive and Yolanda Drive, from West Point to Bloomington; 2. Ramona, from West Point Road to Skinner; 3. East and West Theresa Street, from Bloomington to Lolita Street; 4. Theresa Street, from Lolita Street to Horne Road; 5. Molina Drive, Barrera Drive and Angela Drive, from Linda Vista to West Point Road; 6. Bush Avenue, from West Point Road to Padre Island Drive (S.H. 358); 7. Columbia Street, from Linda Vista to West Point Road; 8. Linda Vista, from Columbia to Padre Island Drive (S.H, 358); 9. National. Drive, from Columbia Street to Angela Drive; 10. West Point Road, from Columbia Street to Bush Avenue; 11. Villareal Drive, from Columbia Street to Elvira Drive; 12. Skinner, from Valdez Drive to Jose Drive; 13. Bloomington, from Columbia Street to Molina Drive;, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT; FIXING A CHARGE AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, and Roberts, present and voting "Aye"; Blackmon passed and Sizemore voted "Nay". • Minutes Regular Council Meeting November 18, 1970 Page 9 FIRST READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 3, "DEFINITIONS," BY CHANGING THE DEFINITION OF SUB- SECTION 3-1.03 APARTMENT TO INCLUDE LIVING UNIT OR DWELLING UNIT WITHIN A MULTIPLE -FAMILY DWELLING STRUCTURE; AMENDING SUBSECTION 3-1.16 COURT TO INCLUDE AS PART OF THE DEFINITION THE PROVISION WHICH MAY INCLUDE UNCOVERED PARKING; AMENDING SUBSECTION 3-1.22 DWELLING, MULTIPLE -FAMILY, TO INCLUDE A TRIPLEX, APARTMENT, TOWNHOUSE, CONDOMINIUM, COOPERATIVE, HIGH-RISE, ETC.; AMENDING SUBSECTION 3-1.26 FLOOR -LOT RATIO BY DELETING THE ENTIRE SUBSECTION AND IN LIEU THEREOF ADOPTING NEW PROVISIONS CONCERNING THE FLOOR AREA; DELETING SKETCHES AND ILLUSTRATIONS OF FLOOR -LOT RATIO IN THEIR ENTIRETY AS APPEARS ON THE TOP OF PAGE 5 OF THE ZONING ORDINANCE; DELETE ILLUSTRATION OF YARD IN ITS ENTIRETY FOLLOWING SUBSECTION 3-1.71 YARD, SIDE, AND ADD NEW SUBSECTION, TO BE NUMBERED 3-1.72 YARD, OPEN SPACE; AMENDING ARTICLE 7, "R-2" TWO FAMILY DWELLING DISTRICT REGULATIONS, BY AMENDING SUB- SECTION 7-2, USE REGULATIONS,BY DELETING ITEM (3) AND ADDING IN LIEU THEREOF A NEW ITEM (3) TO PROVIDE FOR HOUSING IN MULTIPLE -FAMILY OR TOWNHOUSE DWELLINGS OF NO MORE THAN TEN DWELLING UNITS PER DETACHED BUILDING; AMENDING ARTICLE 9, "A-2" APARTMENT HOUSE DISTRICT REGULATIONS, BY AMEND- ING SECTION 9-1 BY DELETION CF THE LAST SENTENCE THEREOF; AMENDING SECTION 9-5, SUBSECTION 9-5.01, BY DELETING THE ENTIRE PROVISION AND IN LIEU THEREOF ADOPTING NEW PROVISIONS TO PROVIDE THAT BUILDINGS MAY EXCEED 60 FEET OR FOUR STORIES IN HEIGHT PROVIDED 40% OF THE SITE IS DEVOTED TO NONVEHICULAR OPEN SPACE; AMENDING SECTION 9-5, SUBSECTION 9-5.02, TO REMOVE REQUIREMENTS FOR FLOOR AREA PER ACRE; AMENDING ARTICLE 10, "AT" APARTMENT -TOURIST DISTRICT REGULATIONS, BY AMENDING SECTION 10-1 TO PERMIT HIGH-RISE MULTIPLE -FAMILY DWELLINGS; AMENDING SECTION 10-2, ITEM (3) TO INCLUDE HIGH-RISE; AMENDING SECTION 10-5 HEIGHT, AREA, AND BULK REGULATIONS, BY DELETING THE WORDS "AND IN ADDITION THE FOLLOWING SHALL APPLY" AT THE END OF THE SENTENCE; DELETE SUBSECTION 10-5.01 IN ITS ENTIRETY; AMEND ARTICLE 11 "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS, BY AMENDING SECTION 11-5 BY DELETING SUBSECTION 11-5.01 IN ITS ENTIRETY; RENUMBER SUBSECTION 11-5.02 TO 11-5.01 AND AMEND THE SAME TO REMOVE REQUIREMENTS FOR FLOOR AREA PER ACRE; AMEND ARTICLE 16, "B-4" GENERAL BUSINESS DISTRICT REGULATIONS, BY DELETING SUBSECTION 16-5.03 IN ITS ENTIRETY; AMENDING ARTICLE 20, "1-2" LIGHT INDUSTRIAL DISTRICT REGULATIONS, BY DELETING SUBSECTION 20-5.03 IN ITS ENTIRETY; AMENDING ARTICLE 22, PARKING REGULATIONS, BY AMENDING SECTION 22-1 BY AMENDING THE TABLE, COLUMN 3 TO HEREAFTER READ "ALL DISTRICTS"; COLUMN 4, TO HEREAFTER READ "1 PER 200 SQUARE FEET OF FLOOR AREA"; AND COLUMN 5, TO HEREAFTER READ "5 SPACES MINIMUM"; AMENDING SECTION 22-1 BY AMENDING COLUMN 4, PERTAINING TO "FUNERAL HOME" TO READ "1 PER 5 SEATS PER PARLOR OR CHAPEL"; AMENDING SECTION 22-1 BY AMEND- ING THE TABLE, COLUMN 3, PERTAINING TO "RETAIL STORE OR PERSONAL SERVICE ESTABLISHMENT AND BANKS" TO HEREAFTER READ "ALL DISTRICTS"; AND COLUMN 4, TO HEREAFTER READ "1 PER 200 SQUARE FEET OF FLOOR AREA"; "MENDING SECTION 22-3 JOINT USE AND OFF-SITE FACILITIES, BY AMENDING SUBSECTION 22-3.01 BY REMOVING CERTAIN ESTABLISHMENTS THEREFROM; AMENDING SECTION 22-4 DESIGN STANDARDS, BY AMENDING SUBSECTION 22-4.01 AS TO SIZE AND PROVIDING THAT VEHICLE PARKING SPACES SHALL BE PAVED WITH HARD -SURFACE MATERIALS; AMENDING SECTION 22-4 BY ADDING A NEW SUBSECTION 22-4.02, REQUIRING BUILDING PERMIT FOR CONSTRUCTION OF CERTAIN PARKING AREAS; RENUMBERING THE PRESENT SUBSECTIONS 22-4.02 AND 22-4.03 AS SUBSECTIONS 22-4.03 AND 22-4.04, CONSECUTIVELY; AMENDING SECTION 22-4 BY ADDING FOUR NEW SUBSECTIONS FOLLOWING SUBSECTION 22-4.04: SUBSECTION 22-4.05 TO REGULATE MINIMUM AISLE WIDTHS IN ACCORDANCE WITH ANGLE OF PARKING; SUBSECTION 22-4.06 CONCERNING • Minutes Regular Council Meeting November 18, 1970 Page 10 CIRCULATION WITHIN A PARKING AREA WITH MORE THAN ONE AISLE; SUBSECTION 22-4.07 PROVIDING FOR LEGIBLE MARKING OF PARKING SPACES; AND SUBSECTION 22-4.08 PROVIDING FOR CONSTRUCTION OF PHYSICAL BARRIER ON PARKING LOTS; AMEND ARTICLE 24, HEIGHT AREA AND BULK REQUIREMENTS, SECTION 24-1, TO HEREAFTER READ AS INDICATED IN THE CHART ATTACHED HERETO AND MADE A PART HEREOF; AMENDING ARTICLE 27, SUPPLEMENTARY HEIGHT, AREA AND BULK REQUIRE- MENTS, BY DELETING SUBSECTION 27-3.01 .03 IN ITS ENTIRETY AND ADDING IN LIEU THEREOF A NEW SUBSECTION REGULATING WIDTH OF COURT BETWEEN BUILDINGS IN ACCORDANCE WITH SIZE OF BUILDINGS; AMENDINGSECTION 27-3 MODIFICATION OF AREA REGULATIONS, BY ADDING A NEW SUBSECTION,: NUMBERED 27-3.0T, CONCERN- ING TRASH AREAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 10006 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BLACK & VEATCH CONSULTING ENGINEERS FOR PROFESSIONAL. SERVICES REQUIRED IN CONNECTION WITH IMPROVEMENTS TO THE OSO SEWAGE TREATMENT PLANT SLUDGE HANDLING FACILITIES; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $29,300 OF WHICH SUM $28,300, IS FOR PROFESSIONAL SERVICES AND $1,000 IS FOR LABORATORY INVESTIGATION AND CONTINGENCIES, APPLICABLE TO PROJECT NO. 250-70-81; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". Relative to the pending matter of annexation of publicly -owned water areas, Mayor Blackmon submitted a letter of consent for taking up for consideration for vote on this date, an ordinance, or ordinances, of annexation of areas including the Nueces River, Corpus Christi Bay and Laguna Madre. He stated the consent is given regardless of his veto on November 4, 1970, of Ordinance No. 9968, as passed on its October 28, 1970, reading. City Manager Townsend explained that two ordinances are being submitted for the Council's consideration, both of which includes the area of the Nueces River which is encompassed in Ordinance No. 10002 just approved. (1) includes submerged lands between the present City limits and the westerly shore of Mustang Island, and including portions of Corpus Christi Bay and Laguna Madre; (2) includes all areas previously proposed (with the exception of the Nueces River Area), and excludes the areas proposed for industrial districts. He stated that his recommendation for total annexation of all areas proposed has not changed. • Minutes Regular Council Meeting November 18, 1970 Page 11 Motion by Bradley, seconded by Lozano and passed, with McDaniel, de Ases and Sizemore voting "Nay", that an ordinance be broughtforth annexing submerged lands between the present City limits and the westerly shore of Mustang Island, and including portions of Corpus Christi Bay and Laguna Madre, as originally proposed with the exception of the Nueces River Area approved in a separate action. Mr. Edward Barfield of Humble Oil & Refining Company and Mr. Charles Hutchinson of Atlantic Richfield Company appeared and urged a continuation of contract negotiations, indicating an agreement could be reached in a short time. Commissioner Sizemore stated the annexation would result in taxing the oil companies without providing any City services and the City would be doing an injustice to the industry which helped to build Corpus Christi. Commissioner de Ases stated he shared the concern of the members of the Council, but stated he was concerned as to the impact of this action on the petroleum cothpanies. Mayor Blackmon stated he felt the creation of industrial districts as had been proposed would be discriminatory against owners of previously annexed property, and that the City is only calling on the oil companies to pay their fair share. He stated the Council is faced with hard economic facts brought about by Hurricane Celia and the bond market, and that he felt he would be derelict in his duty if he did not urge the Council to sustain the recommendation of the City Manager in this respect. He stated that a pattern and precedent regarding Corpus Christi Bay had already been set by previous Councils, and that to make any change at this time would be grossly discriminatory. He further stated that the creation of industrial districts would set a precedent that would tie the hands of future Councils to mNake any changes; that if for any reason our tax valuations as of January 1971 decrease, the sale of bonds already authorized, or bonds needing to be voted upon, will be jeopardized. ORDINANCE NO. 10007 ANNEXING TO THE CITY CERTAIN PUBLIC LANDS AND SUBMERGED LANDS BETWEEN THE PRESENT CITY LIMITS AND THE WESTERLY SHORE OF MUSTANG ISLAND AND PADRE ISLAND, INCLUDING PORTIONS OF CORPUS CHRISTI BAY, AND LAGUNA MADRE; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting November 18, 1970 Page 12 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, and Roberts, present and voting "Aye"; de Ases, McDaniel and Sizemore voting "Nay". Relative to the provisions of the Fire Code arising out of the recent fire at Shoppers World, City Manager Townsend made a report to he Council, stating that the City has no power to force the owners to install the overhead sprinklers; that although the City Fire Code now requires overhead sprinklers in commercial buildings, the Shoppers World building and two other buildings in the City, Gibsons and Athlantic Thrift, are operated under a nonconforming use and can be rebuilt legally to their previous condition; stated that less than 50 percent of Shoppers World was damaged. He explained that the power of "persuasion" is the only power the City has, and that increased cost of insurance premiums would help in that respect. Mayor Blackmon stated he was concerned that this type of fire will affect our good fire credit, and suggested that in the interest of the entire community, a high level confernece be arranged in an effort to prevent another fire, explaining that they cannot possibly be compensated for all their losses since they are out of business for a long period of time. There being no further business to come before the Council, the meeting was adjourned.