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HomeMy WebLinkAboutMinutes City Council - 03/01/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 1, 1972 2:00 p. m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend W. H. Colson, Minister of Baptist Missions. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of February 16, 1972, were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations relative to the following: CEREBRAL PALSY MONTH, March, 1972; PUBLIC SCHOOLS WEEK, March 6, through 10, 1972; NATIONAL PARK DAY, March 1, 1972; and JOBS FOR VETERANS MONTH, March, 1972. Mayor Sizemore announced the scheduled public hearing on the application of Mr. Sam Susser for reestablishing the alley in Block 8, Portairs Addition, and the abandonment of the present easement in the same block. City Manager Townsend presented the request and pointed out the location on the map. He explained that the property is located between Ayers and Kilgore and between Alexander and Gollihar; that the alley was closed in 1960 on the condition that the owner would relocate existing utilities and dedicate an easement; that the 15' easement was dedicated but that the utilities were not relocated; that both actions were related to "B-3" zoning which was granted from "R-2" zoning on August 24, 1960,subject to a 6' masonry wall, a grassed and landscaped area between the wall and Kilgore Street, no signs or lights facing Kilgore, no improvements nearer than 45 feet to Kilgore and construction within one year. He explained that all "8-3" areas were rezoned to "B-4" on March 29, 1961, when a new zoning map and ordinance were adopted; that this adoption in essence removed the restrictions and the land is now zoned "B-4". f • Minutes Regular Council Meeting March 1, 1972 Page 2 He stated the request now is to reestablish the original alley and abandon the easement. He staled the request had been circulated in the usual manner through affected City Departments, and the general consensus was that the alley should be reestablished and the easement vacated. However, it was the opinion of the Planning Department and Public Works Department that the easement should be closed and the alley reestablished in such a manner so as to provide some means of protection to the residences on Kilgore Street which would face the rear of the proposed development, and that this is also his recommendat ion. He stated the Planning Department felt the closing of the easement should be subject to the owner replotting all the lots he owns in Block 8 into one tract, but that this would be a separate matter to be brought before the Council. He stated a series of written protests had been received from property owners in the area generally referring to the previous zoning change from "R-2" to "B-3" granted on the condition that a 6' masonry fence would be built; that the fence had not been built, and they are protesting the use of this as "B-4". Mr. Sam Susser, applicant, affirmed the statements of Mr. Townsend relative to the history of the zoning and original agreement for closing the alley and dedication of the easement. He pointed out that before the agreement made 12 years ago expired the City zoned the property to "B-4" which presents the question of whether he should be held to the obligations of the agree- ment or does the "B-4" zoning take precedence over the agreement. He stated he understands the concern of the residents on Kilgore Street, but that he did not request the "B-4" zoning and felt he should not be penalized; that he would expect to comply with any regulations of the "B-4" zoning uses including the fence which is included in this classification. He stated the area would be landscaped and beautified but if he is held to the original conditions regarding the fence and setbacks, he would not be able to build. He pointed out that the eating places facing on Ayers Street include hamburger, chicken, fish, donut and pizza places, and that refuse from these places have been a nuisance to the neighborhood. Mr. Bert Haas, architect, spoke in favor of the request. He explained in detail the prb- posed , development, stating that it is to be a small service center, and instead of one continuous building, it will be two smaller buildings of approximately 5,000 square feet each with a separa- tion of 140 feet of space in the center; that the masonry construction of the back of the buildings • • Minutes Regular Council Meeting March 1, 1972 Page 3 will be painted in attractive colors with no rear doors. He stated this plan would be an aesthetic improvement over what is now there and will screen the back of the eating places located on the front of the block. He pointed out the location of the proposed entrances to the shopping center, stating they were planned at the corners of Kilgore Street as a safety measure to avoid blind comers to traffic at the intersections; that the alley and parking areas are to be paved; that it is basically the same type construction as was proposed twelve years ago, only the occupancy is changed, and that the cost of the project has far exceeded the estimate because of the effort to create an attractive project. He stated that a portion of the construction would be located on the 15*foot easement; and that because the utilities were still in the original alley, they felt there was no reason to go to the expense of removing them. City Manager Townsend explained the "B-4" zoning requirements relative to the fence, stating a standard screening fence would only be required across the back of each building and would not be continuous across the length of the property. He stated that the residents who are protesting at this hearing are concerned with the zoning. Mr. John G. Villanueva, 4430 Kilgore, spoke in opposition to the request and proposed development, and presented a petition containing ten signatures of residents on Kilgore and Carlton Streets, generally on the basis it would devalue their property; would create traffic congestion; would adversely affect the beautification improvements they have made; and would create pollution generally expected to accumulate such as trash and debris. Mr. Villanueva stated that the since the buildings are proposed to face Ayers Street and the parking areas and exits on Kilgore Street, this would in effect make Kilgore Street an alley and their driveways turntables. He stated they are requesting that if this request is approved, that it be conditional on the owner constructing a continuous masonry fence with no openings the entire length of the block, and that no building permits be issued until this fence is constructed. Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition stating he was against the request because he had applied for rezoning on his property seViceral years ago and it had been opposed. Others appearing in opposition and concurring in the statements made by Mr. Villanueva were: Mrs. Ramiro Correra, 4440 Kilgore; Mrs. Jesse Viveros; Mr. Raul Coronado, 4422 Kilgore Street; and Mrs. C. W. Harrington, 4425 Kilgore. • • Minutes Regular Council Meeting March 1, 1972 Page 4 Mr. Susser Stated they have agreed to the fence as specified under the "B-4" classificoiion,. but stated he felt it wodd be harmful to the project if egress and ingress on Kilgore Street is not allowed because the flow of traffic to the service center could not conveniently get back onto Gollihar. City Manager Townsend stated that the City requires that the construction of fences progress along with the construction of the buildings. Motion by Branch, seconded by Bonniwell and passed, that the hearing be closed. Motion by Gonzales, seconded by Bonniwell and passed, that the alley in Block 8, Portairs Addition be reopened, an easement be retained for utility purposes, and the present easement in the same block be closed, after a deed restriction is received which would provide for construction of a masonry fence along Kilgore lowered in height at the corners of the block at Alexander and Gollihar, that no entrances or exits be permitted along, Kilgore, and that an ordinance be brought forward effectuating the action. Mayor Sizemore requested that the record show that he disqualified himself and did not vote on the foregoing motion. Mayor Sizemore called for the City Manager's Reports. Motion by Gonzales, seconded by Bonniwell and passed, that the City Manager's Reports, Items "a" through "m" be accepted, and that the requests and recommendations be granted and approved as follows: a. That $5,000 be appropriated for expenses in relation to the three remaining con- demnation cases from the acquisition of the right-of-way for the Crosstown Expressway. The cases are now either in trial or set for trial - expenses being incurred include updating and new appraisals expert witnesses, and court costs; b. That a hearing be held at 4:00 p.m., March 27, 1972, Special Meeting, on the follow- ing zoning applications: (1) Cadwallader Development Corporation - from "R -1B" to' 'A-1", located on the northwest corner of Bonner Drive and Everhart Road (2) Ben Marks - An Amendment to a Special Permit, located on the South right-of- wa of South Padre Island Drive, west of Everhart Road (3) Emede S. Guerra - from "R -1B" & "B-4" to "A-1", located on the northwest comer of Cleo and Sonora Streets (4) C. V. Guzman - from "R-2" to "AB", located on the northeast corner of Alameda and Ropes Streets; • Minutes Regular Council Meeting March 1, 1972 Page 5 c. That a contract be awarded for One Offset Dupcating Machiha with Automatic Blanket Cleaner and Two Cabinets to Multigraphics Division, Addressograph Multigraph Corporation, for $4,465.15 on the basis of low bid - bids received from three firms; d. That a contract for Steel Shelving Components for the Corpus Christi Museum be awarded to Hollis Neese Auto Parts for $3,195.48 on the basis of low bid - bids'received from 7 firms; e. That bids be received on March 21, 1972, at 11:00 a.m., for 6 months require- ments of approximately 37,580 feet of various sizes of copper tubing for Warehouse Inventory, primarily for use by the Water and Gas Divisions; f. That authority to receive bids at 11:00 a.m., March 28, 1972, for 37 Police Vehicles, 1 Fire Vehicle, 5 Standard Sedans, 17 Compact Sedans, 4 Van -type Vehicles, 21 Pickup Trucks, and 30 Heavy Duty Trucks. The City's 115 vehicles include 98 replacements and 17 additional vehicles. This will be a cooperative bid with Nueces County and Corpus Christi Independent School District for an additional 23 units which will increase the total to 138 vehicles; g. That $14,000 be appropriated from No. 250 Sanitary Sewer Bond Fund for the relocation of sanitary sewer lines across the new location of Highway 44 at Gibson Lane and for relocation of an existing manhole at Lexington and Padre Island Drive due to the construction of State Highway No. 358, the work to be done by City Forces; h. That the land drilling ordinance be amended to provide additional requirements for well abandonment when casing is to be pulled, the recommendations having been discussed with and generally concurred in by representatives of the industry; i. That the assignment of the lease for the sale of alcohol at International Airport be changed from Roy W. Beene to Antonio Buentello; (This mon is an amployee of the lease holder, Dyneteria, Inc., and must hold the liquor or beer license since the holder must be a resident of Texas for a minimum period of time) j. That a 5 -year extension of the leose between the City and Dyneteria, Inc., for the Airport Restaurant be granted and the lease be modified to allow the sale of mixed drinks in the restaurant area, establish percentages of 8.2% increasing to 10% to be paid the City; and that Dyneteria provide bar^facilities, new tables and chairs For the dining area, carpet and see- through drapes at an estimated cost of $10,000; the amount to be paid the City for the five-year s • Minutes Regular Council Meeting March 1, 1972 Page 6 extension would be negotiated at the end of the first contract period; (The original contract was for August 1, 1970, to August 1, 1975, at 5.2% of gross receipts; this amendment would extend the contract to July 31, 1980; the lease revision and extension has been, recommended by the Airport Advisory Board; and this is part of the area included in the 30 -year lease to the Trustee, Corpus Christi Bank and Trust and thus the lease can exceed 5 years) k. That the plans and specifications for the reconstruction of streets in Airport Park Subdivision and Moravian Drive be approved and bids be received on March 22, the project including Eastern, Braniff, Stinson, Wright, Lockheed, Cub, Fairchild, Fleet, and Beachcraft Streets, and provides curb and gutter, sidewalks, 31 feet of pavement, driveways and related storm sewer work; I. That the City Manager be authorized to execute a division order with Coastal States Gas Producing Company and others, for filing with the State Railroad Commission, the order comprising Drilling Blocks 1537, 1538, 1539, 1540, 1541, 1542, 1543, and 1544, at the Cliff Maus Golf Center and State School; (One drilling block remains in the Golf Course tract which is still under lease to Coastal States; the City's loyalty is producing approximately $2,400 per month; and the State will receive approximately $800 per month from the land donated by the City for the State School) m. That Hurricane Celia damage repairs to Memorial Coliseum be accepted as complete, that an extension of seven days be granted the contractor, and that final payment of $6,569.02 be made to Roofcraft, Inc. (The project has been completed in accordance with plans and specifications; the total work done was $56,429.15 and included not only hurricane damage repairs, but also $21,000 for installation of aluminum framed glass doors with panic hardware, and $6,401.10 in other betterment items) City Manager Townsend presented the pending item of Zoning Application #172-9, John Tucker, from "R-18" One -family Dwelling District to "13-1" Neighborhood Business District, on a portion of Lot 2, Section 10, Bohemian. Colony Lands, consisting of approximately 4 acres, which was tabled following a public hearing February 23, 1972, for more Staff information relative to park dedication and in relation to the Bartholomew Study. • • Minutes Regular Council Meeting March 1, 1972 Page 7 Motion by Branch, seconded by Bosquez and passed, that the foregoing pending matter of Zoning Application. of John Tucker, be further tabled for further information. Mr. John Zimmerman, director of the Corpus Christi Tennis Association, oppeared and requested that the Council authorize an expenditure of approximately $29,500 for the renovation of the H.E.B. Tennis Courts. He pointed out the deteriorated condition of the Courts, and stated they are in meed of immediate repair not only fcr Texas Sectionals but for the outgoing program. He stated that a committee composed of the firm Casey & Glass; Robert Modlln, Assistant Director of Parks & Recreation; and the Tennis Professional at H.E.B. Center, had been formed to st.sdy the conditions and to submit an estimate of costs to repair the sixteen courts. He stated they feel it is imperative that something be done before Jure 5 of this year since Corpus Christi is to be the site for the Texas Sectionals Tennis Championships at that time. He explained that this is one of the largest tennis tournaments in the United States, and that it is an honor for Corpus Christi to have been awarded the tournament for 7972 and 1973. (Council Exhibit #1-72) Mr. Ed Braswell, and M. Phi` W. Ridgeway, directors of the Tennis Assocation, appeared in support of Mr. Zimmerman's request. Mr. Braswell reviewed the general tennis pro- gram it Corpus Christi. He stated he had played tennis all over the United States; that over ten million persons are engaged it this sport and that it is growing rapidly; that Corpus Christi can be proud to be a leader in the State of Texas, but if the courts are not reipaired they stand to lose that leadership. He stated that there is expected to be over 3,000 entries in the June 5-11 tournament. Mr. Ridgeway stated that when the H.E.B. Tennis Cour were originally dedicated, they were the finest in the country. He presented pictures of the courts, then and now, showing the detecic>ated condition. A lengthy discussion followed between the Council, Staff and members of the Tennis Association, as to the improvements needed, the type of repair, cost, and what would be feasible. City Manager Townsend stated the Staff had been aware of the needs; that the Tennis Association's request had been forwarded to the Park Department and it was agreed that the situation is critical, but not more critical than a long list of other matters. He pointed out that $35,000 was originally donated for improvements on a long term basis but not for maintenance. • Minutes Regular Council Meeting March 1, 1972 Page 8 He stated there are no.contingency funds available at this time for making the requested repairs. Mayor Sizemore directed that the matter be taken under advisement, and that City Manager Townsend work with the Park Board to determine if something could be done. Mayor Sizemore announced the scheduled public hearing on five proposed amendments to the Text of the Zoning Ordinance. City Manager Townsend explained that all legal advertising procedures had been followed, but pointed out that no procedure had been established for notification of individuals or groups of individuals. He presented the proposed amendments as follows: (1) Amend Article 4AFR "F -R" Farm -Rural District Regulations, Section 4AFR-2 Use Regulations by deleting Item (13) which allows for the placement of billboards advertising off -premise products within this district, and re- numbering Item (14) to Item (13). Amend Article 17 "8-5" Primary Business District, Regulations, Section 17-2 Use Regulations, by amending the first sentence of Item (8) which allows for the placement of billboards advertising off -premise products within this dis- trict, to hereafter read as follows: "Outdoor advertising structures pertaining only to the use conducted within the building." Director of Planning William Anderson reviewed the background and case history, stating that a public hearing was held by the Planning Commission on January 25, 1972, on the above proposed text amendments which request was initiated at the request of the Council to eliminate outdoor advertising for off -premise products in the Farm -Rural and Business Districts. He stated that the placement of billboards for this type of use would still be allowed in the industrial districts in "1-2" and "1-3" zoned areas. He stated it was the recommendation of the Planning Commission that the foregoing proposed amendments be approved as written. Outdoor Mr. Jim Ryap, attorney representing Rollin /Advertising Company, spoke in opposition, to the recommendation of the Planning Commission, stating that the proposed amendment was unconstitutional since it would prohibit a lawful business and that Rollins would be penalized because the light and heavy industrial areas in which billboards would be allowed were located on the City's west side and sections of the downtown area, and advertisers would not wish to advertise on only one side of town. He quoted from a Memorandum Brief which he presented to the Council which read "... a law which assumes to be a police regulationbut deprives • Minutes Regular Council Meeting March 1, 1972 Page 9 the citizen of the use of his property under the pretense of preserving the public health, safety, comfort, or welfare when it is manifest that such is not the real object and purpose of the regulation will be set aside as a clear and direct invasion of the right of property without any compensating advantages ... ' Mr. Ryan stated that prohibition of signs from the districts on the basis of aesthetics only was not enough grounds. Outdoor Mr. Cecil Burney, attorney also speaking in behalf of Rollins/Advertising Company, reviewed the events following Hurricane Celia, stating that Rollins and many other advertising companies were put out of business by the storm; that when they attempted to reclaim their business and applied for permits to rebuild, they were advised by the City Manager that under the terms of the ordinance they could not rebuild the signs which were located in non -conforming districts; that they appealed that decision to the City Council and lost by a vote of 2-5; that a decision was upheld that they could rebuild if the sign was damaged less than half the fair market value, and although they thought this was wrong, they did not appeal. He stated the advertising industry had submitted a draft of an amendment to the Planning Staff which never got to the Council, and they heard nothing more from this,. He stated they could have lived with that amendment, but the one before the Council today would put the advertising industry out of business. He stated he did not believe the Council has that authority. Mr. Burney stated they were not properly notified of the Commission hearings, did not know of this hearing today until shortly before meeting time, and had not attended any of the workshop discussions. City Manager Townsend explained that a public hearing had been held on October 13, 1971, by the City Council, and that due to lack of public participation before the Planning Commission at the time of their public hearing, this text amendment was sent back to the Com- mission in order that certain individuals interested could present their views, after which a final recommendation was to be submitted to the City Council and this whole process is a result of that hearing. Outdoor Mr. Bill Watts, Zoning and Planning Consultant for Rollins/Advertising Company, described regulations of signboards in other parts of the country and stated he had found that a vast majority of other cities do permit outdoor advertising signs in business and commercial districts, and that it is his opinion that the proposed amendment before this Council which Minutes Regular Council Meeting March 1, 1972 Page 10 would eliminate all outdoor signs from all areas "B-5" though "B-6" would be an unnecessary and extremely restrictive ordinance, would completely outlaw signs and, in effect, hurt the City's economy, because they could not compete with other cities in Texas. He stated the amendment in his opinion does not stand up from a zoning viewpoint. In answer to a question from Mayor Pro Tem Bonniwell, Mr. Watts stated he would not be in favor of this City Council adopting the Federal Controls on outdoor advertising, but would urge that Federal standards be applied. He stated that outdoor signs and billboards do belong in "B-5" and "B-6" zones. Mr. Bonniwell stated he is concerned with the Farm -Rural question. Mr. Buster Adams displayed a large map of the City of Corpus Christi and pointed out the location of the signs and billboards owned by Rollins Advertising Company which existed before Hurricane Celia and at present. Mr. Max J. Luther, attorney representing ABS Advertising Company, spoke in opposition to the proposed amendment, stating that ABS is a local company owned by a local resident and businessman; stated that he concurred in the objections voiced by representatives of Rollins, and felt if this amendment is adopted, this small company will be forced completely out of business if they are not allowed to operate in the "B-5" and "B-6" districts. He presented a list of this company's clients numbering 46 in all, which he stated would also be directly affected if this amendment is adopted and they are not permitted to advertise. He urged that this matter be tabled and that the representatives of the advertising companies be invited to meet with City Engineers, Planning and Legal Departments, and bring forth a reasonable solution to the problem. He stated the amendment is unconstitutional. Mr. Jimmy Till, local farmer spoke in opposition, stating that these billboards are a great source of income to farm people and that they need the revenue. He questioned the purpose of removing the signs from farm land, and stated that "farmers had had their toes stepped on pretty hard from regulations of the City", and that it has been difficult to pay taxes on their property solely from agriculture. Mr. Till stated that from the standpoint of ecology and pollution, there are other areas in the City which are not kept clean. Mr. Jim Springer, President of Outdoor Advertising Association, spoke in opposition, stating the regulation would not only endanger the outdoor advertising in this area, but would • Minutes Regular Council Meeting March 1, 1972 Page 11 eventually lead to its demise, and on behalf of the Board of Directors' of this organization, requested that any action be deferred until a fair and equitable solution, protecting both freedom of speech, competitive enterprise and the citizens of Corpus Christi, can be reached. He pointed out that advertising does play an important and vital role in the growth of any City. Mr. Art Babbit, representative of,Adams and May Advertising Company, spoke in opposition, stating the amendment would work a severe hardship on the economy of the City, would in effect put the advertising people out of business, and would prevent the advertising companies from doing their job effectively for their clients. Mr. Gerald Wheeler, representative of Central Business District Association, spoke in opposition to the amendment stating the City does not need to eliminate free-standing outdoor advertising structures in primary business districts. He stated the signs were not objectionable and that in some cases the lights were helpful. He stated the signs do need strong controls of maintenance, and that the Central Businessmen's Association is ready to do anything possible to promote beautification. Others speaking in opposition were Allan Bobys, owner of ABS Advertising Company; Mr. Ed Stern, General Manager of KEYS Radio and Advertising Club President; Mr. Jesse Pompa; Mrs. Fran Beckman, President of Adcraft Advertising Agency; W. T. Neyland, Neyland Realty Company, protesting the elimination of outdoor advertising structures of "F -R" Farm -Rural Districts and in the Primary Business Districts; and Mr. Lon Hill, representative of Adcraft Advertising Agency. Mr. Jack Solka, local architect, spoke in support of the proposed amendment but stated, that the firms represented .at this hearing are not the people who are contributing to the clutter and pollution. He stated his reason for concurring with the proposed amendment is based on the fact that we as a community have to determine what kind of a community we want and that it is his opinion that a cluttered community with unregulated signs is a detriment and not what the community as a whole wants. He stated he believes signs should be excluded from business districts as well as in residential districts, that the aesthetic factor is p'fesent in the business districts the same as residential districts. He pointed out that people are becoming more aware of the concept of pollution; that there is a strong movement in other cities at the present time to • • Minutes Regular Council Meeting March 1, 1972 Page 12 eliminate or limit the number of signs; and stated helloes not believe we need signs for progress. Mayor Sizemore commented that the Planning Commission should have had the opportunity to hear the same two and one-half 'flour hearing that the Council has had at this hearing, and that the Staff should have realized that interested persons were not aware of the Planning Commission hearing. He stated he felt the Council should arrange to meet with these persons and companies who are involved and that the Council should have the benefit of all the information available on which to base the position the Council will be asked to take, and that more information is needed particularly on the Parm-Rural section relative to platting. Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed. Motion by Bonniwell, seconded by Gonzales and passed, that the foregoing proposed Text Amendments be tabled until the regular meeting of March 22. City Manager Townsend presented the following proposed Text Amendment to the Zoning Ordinance and stated it was the recommendation of the Planning Commission that it be approved as written: (3) Amend Article 27, Supplementary Height, Area, and Bulk Requirements, Section 27-3, Modification of Area Regulations, Subsection 27-3.01.07, by deleting the wording "a dwelling use or" following words "adjacent to" in the second line, and in the seventh and eighth lines following the words "adjacent to", delete the wording "the dwelling use or." No one appeared in opposition to the foregoing proposed Text: Amendment. Motion by Gonzales, seconded by Branch and passed, that the hearing be closed. Motion by Gonzales, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that the foregoing amendment be adopted as written. Motion by Branch, seconded by Gonzales and passed, that the public hearing portion of the meeting be recessed until after the regular business on the agenda. Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. • • Minutes Regular Council Meeting March 1, 1972 Page 13 Reverend W. H. Colson, 4301 Ocean Drive, appeared representing the Palm Crest Baptist Church, 7001 Williams Drive, and requested that the deep ditch along Williams Drive, beginning at Nile Drive and continuing to Rodd Field Road beyond the Church, be covered. He stated the ditch is a dangerous and extremely hazardous ditch where pedestrians and school children are forced to walk. He stated It is infested with snakes and mosquitoes and that no barricades exist. He stated he had communicated with the City Manager by letter, and did not get a reply to the first one, but received a lengthy answer to his second letter which stated that the Palm Crest Baptist Church was discouraged from building at that location, and that the only way the ditch could be covered was by a bond issue. Reverend Colson:stated that a school had been built, and a housing development for some 250 families is in progress in this area, all of which will contribute to more traffic adding to the dangerous condition. He requested that the Staff and Council discuss this matter and offer some immediate solution to this dangerous situation. He further stated that the City had granted a permit for the Church and was responsible for the protection of the children. Reverend Colson stated the residents and church members in the area are ready to back the City in submitting a bond issue to the voters to include covering this ditch. He also requested that the Traffic Department be instructed to put up reflectors along this ditch, that consideration be given for some kind of barricades, and that something be done to eliminate the snakes and misquitoes. City Manager Townsend stated he had made reference to discouraging the Church to build in this location, but did not mean to,implp that the Church was built improperly or against any kind of regulations. He stated the danger of the ditch had been pointed out, and the Church was advised of the expenditure involved in providing an entrance to the property. Mayor Sizemore pointed out that there are a number of such ditches all over the City, and that a decision must be made as to priorities; that if every ditch in the City were covered, it would cost upwards of some ten million dollars. He commented that there is a large open ditch in front of his house which has many snakes and mosquitoes. Mr. Charles DeWese, 4601 Kirkwood, Principal of Weldon Smith Elementary School,'t. concurred in the statements of Reverend Colson, stating the ditch had been a source of worry and anxiety for some time; has been attractive to children going to and from the school, and that the ditch is filled with debris that children should not see. • • Minutes Regular Council Meeting March 1, 1972 Page 14 Reverend David Ashwin, Pastor of the Palm Crest Baptist Church and teacher at the Elementary School, stated he felt the City should investigate this situation before making a determination of priorities, and that the number of persons being subjected to the hazard should influence the determination. He stated he knew of one instance of a young boy falling into the ditch, but had been able to rescue himself. Mr. A. W. Murray, 2909 Houston, Chairman of the Church Committee, and Mr. Robert Bennet, 1101 Shepard, also representing the Church Committee, were present and concurred in the foregoing statements. Mayor Sizemore stated he could not promise any immediate action and affirmed the statement of City Manager Townsend that there were no funds available at this time for covering open ditches and that it would require a bond election. He stated the Traffic Engineering Department would be contacted with reference to the installation of reflectors along the ditch. Mr. H. Brent Davis, 511 Ayers, representative for the New Light Communitarian Church, appeared and requested that the Council take steps to repeal the City's ordinances which pro- hibit the possession of marijuana. Mr. Davis made his presentation by reading a lengthy statement, alleging that matijuana is not as harmful as some other drugs such as alcohol which is tolerated in so called good society. He stated the lows should be investigated, and that the laws as they exist now are "breeding a generation of psychological rebels". Mr. Davis requested that (1) the City repeal the City ordinances prohibiting possession of Marijuana; (2) make a statement publicly that the laws can no longer afford to be enforced; and (3) place possession of marijuana in the same category as alcohol. City Attorney Riggs stated the City ordinances were enforceable and are not enforced because they are superseded by State Law. Mayor Sizemore stated he would like to have more basic information about the laws in this regard, and Mr. Davis stated he had a very good library on this subject, and that he knew of experts from Texas University who would come here for a meeting on the subject of drugs. Mayor Sizemore reconvened the public hearings on Text Amendments to the Zoning Ordinances. • • Minutes Regular Council Meeting March 1, 1972 Page 15 Planning Director William Anderson presented the following proposed amendments: (2)Amend Article 22, Parking Regulations by amending the table under Section 22-1 as fol lows: Under Column 1 pertaining to two-, three-, and four -family dwellings, to hereafter read "two-family Dwellings"; and Column3 to hereafter read "2 per dwelling unit." Under Column 3 pertaining to one -family dwellings to hereafter read "2 per dwelling unit." Mr. Anderson stated that the recommendation of the Planning Commission was as follows: That Lines 19 and 28 under Use Category be deleted as well as all references pertaining to one-, two-, three-, and four -family dwellings, and that Line 17 under Column 1 hereafter read "dwelling". No one appeared in opposition to the foregoing proposed amendment as modified. Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and that the foregoing amendment to the Text of the Zoning Ordinance be adopted. City Manager Townsend presented the following proposed amendment to the Text of the Zoning Ordi nance: (4) Amend Article 29, The Board of Adjustment, Section 29-3, Special Use Exceptions, by deleting in their entirety Subsections 29-3.11, 29-3.13, 29-3.15, and renumbering Sections 29-3.12, 29-3.14, 29-3.16 and 29-3.17 to Subsections 29-3.11 through 29-3.14 consecutively. He stated it was the recommendation of the Planning Commission that this amendment be approved, but that he would recommend that this hearing be recessed until March 29, to provide an opportunity to submit the proposed amendment to the Board of Adjustment for their comments and also to prepare the text. No one appeared in opposition to the foregoing proposed text amendment. Motion by Branch, seconded by Bosquez and passed, that the public hearing be recessed until March 29 as recommended by the City Manager. • Minutes Regular Council Meeting March 1, 1972 Page 16 City Manager Townsend presented the proposed Text Amendment as follows: (5) Amend Article 33, Permits, Plats, and Filing Fees, Section 33-3, Subsection 33-3.02, by striking the following words from the first sentence: "applying for Special Use Permits under the provisions of Article 25 of this ordinance or". He stated it was the recommendation of the Planning Commission that it be approved as written, He explained that this amendment has reference to updating the ordinance where these Items no longer apply, that it is a matter of "cleaning up the ordinance." No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Bosquez and passed, that the public hearing on the foregoing proposed Text Amendment be recessed until March 29, for more information. SECOND READING OF AN ORDINANCE DESIGNATING CHAPTER 33, SECTIONS 33-1 THROUGH 33-8, CORPUS CHRISTI CITY CODE, 1958, A5 AMENDED, AS "PART I, PERSONAL PROPERTY"; DELETING REFERENCES TO "MOTOR VEHICLES" IN SAID PART I; ADDING "PART 11, ABANDONED MOTOR VEHICLES" TO SAID CHAPTER TO DECLARE ABANDONED PROPERTY A NUISANCE; PROVIDING THE DUTY OF POLICE TO IMPOUND; EXEMPTING CERTAIN TRASH RECEPTACLES AND AUTO WRECKING YARDS AND INDUSTRIAL SCRAP YARDS; PROVIDING CERTIFICATION OF ABANDONMENT; AUTHORIZING USE OF CITY PERSONNEL OR USE OF CONTRACT FOR IMPOUNDING ABANDONED VEHICLES; AUTHORIZING THE POLICE DEPARTMENT OR OTHER AGENT TO ISSUE REQUIRED NOTI- FICATION; AUTHORIZING THE POLICE DEPARTMENT TO CONDUCT AUCTIONS OF ABANDONED PROPERTY; CREATING THE ABANDONED MOTOR VEHICLE TRUST ACCOUNT; PROVIDING THAT THE ENFORCEMENT OF THIS ORDINANCE IS A FUNCTION OF THE POLICE POWER OF THE CITY, AUTHORIZING ENTRANCE ON PRIVATE PROPERTY FOR THE ENFORCEMENT OF THIS ORDINANCE AND AUTHORIZING THE MUNICIPAL COURT TO ISSUE ORDERS NECESSARY TO ENFORCE THIS ORDINANCE AND SECTION 306,4, ORDI- NANCE NO. 9811, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 24, 1970; PROVIDING FOR A LIEN ON IMPOUNDED PROPERTY; PROVIDING FOR REDEMPTION OF IMPOUNDED PROPERTY; PROVIDING FOR FEES FOR IMPOUNDING, STORAGE AND OTHER FEES; PROVIDING FOR DISPOSITION OF PROCEEDS OF SALE OF IMPOUNDED -PROPERTY; REPEALING CHAPTER 21, SECTION 21-108, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED; AMENDING CHAPTER 21, SECTION 21-151 (2) TO RAISE THE TOWING FEE FOR IMPOUNDING UPON REDEPTION TO $10.00 OR $15.00 IF A DOLLY I5 USED; PRO- VIDING FOR PUBLICATION; PROVIDING A SEVERABILITY CLAUSE. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10724 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $37,500 FOR CONSTRUCTION OF SANITARY SEWER LATERALS AND 4 INCH TAPS ON AUTHER DRIVE, SHANE DRIVE, DWYER DRIVE AND PART OF MCCAIN DRIVE AND HIGHWAY 9, TO BE DONE BY CITY FORCES, APPLICABLE TO PROJECT 250-70-80.5, HIGHWAY VILLAGE SOUTH LATERALS; AUTHORIZING THE REIMBURSEMENT OF NO. 109 SEWER FUND FOR ALL AMOUNTS ADVANCED AND TO BE ADVANCED FOR LABOR AND MATERIALS FOR THIS PROJECT FROM THE NO. 109 SEWER FUND; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting March 1, 1972 Page 17 The Charter Rule was s.Jspended and the foregoing ordinance was passed Ey the following vote: Sizemore, Ben++iwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10725 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 E. P. WILLIAMS III: AND GUY W. ALEXANDER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTH 1/2 OF LOT 25, SECTION 18, FLOUR BLUFF AND ENCINAL .FARM AND GARDEN TRACTS, CONSISTING OF APPROXIMATELY 9.15 ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-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 s:apended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Boiquez, Branch, Gonzales, Lozano and Stark, preseht and voting "Aye". ORDINANCE NO. 10726 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 SAM A. JOHNSON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 13 AND 14, BLOCK 15, CRAVEN HEIGHTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "3-1" 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: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10727 AMENDING ORDINANCE NO. 8879, REFERRED TO AS "THE LAND DRILLING ORDINANCE OF THE CITY OF CORPUS CHRISTI AS AMENDED, BY ADDING A SUBPARAGRAPH "F" TO SUBSECTION 6.32 SO AS TO PROVIDE FOR SAFER ABANDONMENT PROCEDURE WHEN CASING 1S TO BE RECOVERED FROM A WELL; PROVIDING SEVERABILITY; PROVIDING PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". i Minutes Regular Council Meeting March 1, 1972 Page 18 ORDINANCE NO. 10728 APPROPRIATING $14,000 OUT OF NO. 250 SANITARY SEWER BOND FUND FOR RELOCPTIION OF SANITARY SEWER LINES ACROSS THE NEW LOCATION OF HIGHWAY 44 AT GIBSON LANE AND FOR RELOCATION OF AN EXISTING MANHOLE AT LEXINGTON AND PADRE ISLAND DRIVE DUE TO THE CONSTRUCTION OF STATE HIGHWAY 358, APPLICABLE TO PROJECT NO. 250-70-97, GIBSON LANE -ADJUSTMENT OF SEWER LINE, TO BE CONSTRUCTED BY CITY FORCES; AUTHORIZING REIMBURSEMENT TO THE NO. 109 SEWER FUND FOR ALL AMOUNTS TO BE ADVANCED FOR LABOR AND MATERIALS FOR THIS PROJECT FROM THE 109 SEWER FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 10729 APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF 55,000.00 FOR INCIDENTAL EXPENSES IN ACQUIRING PROPERTY FOR CROSSTOWN EXPRESSWAY (HIGHWAY 286 RELOCATED), PROJECT NO. 220-56-24.3, INCLUDING UPDATING APPRAISALS, EXPERT WITNESS FEES, RECORDING AND COURT COSTS AND TITLE EXPENSES, ALL EXPENSES TO BE PAID ON RECOMMENDATION OF THE CITY ATTORNEY AND THE APPROVAL OF THE CITY MANAGER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT THE ASSIGNMENT OF LEASE FROM DYNETERIA, INC., TO ANTONIO BUENTELLO OF CERTAIN AIRPORT RESTAURANT AREA FOR SALE OF ALCOHOLIC BEVERAGES AS PER ATTACHED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING EXTENSION AND AMENDMENT OF LEASE TO DYNETERIA, INC. AND ANTONIO BUENTELLO, OF CERTAIN SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A", MADE A PART HEREOF, WHICH PROVIDES FOR A FIVE-YEAR EXTENSION OF SAID LEASE, FOR THE SALE OF MIXED DRINKS; FOR $10,000 WORTH OF IMPROVEMENTS TO SAID AREA BY DYNETERIA, INC. FOR THE RENTAL PAYMENT ON GROSS SALES INCLUDING LIQUOR. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • • , • Minutes Regular Council Meeting March 1, 1972 Page 19 City Manager Townsend reported that two pending zoning ordinances had been prepi+red, (1) granting "R-2" Two-family Dwelling District on all of Lot 15, Bluff Estates, Unit #1, on application of Floyd H. Trudeau, and (2) granting "A-1" Apartment House District on all of Lots 10 and 11, Block 7, San Diego, Unit #1, on application of David Berlanga, Sr., and recommended that they be withdrawn and that action be deferred for further consideration relative to the written objections filed by City Attorney Riggs questioning the legality of the, ordinances. He stated this is an unprecedented action by the Legal Department as applied to zoning cases, and more dialogue is needed with the Council and Legal Department to determine in what position this action places the opposition in such cases. The Council agreed and the ordinances were withdrawn. There being no further business to come before the Council, the meeting was duly adjourned at 7:15 p.m., March 1, 1972.