HomeMy WebLinkAboutMinutes City Council - 02/27/1963PRESENT:
Mayor Ben F. McDonald
Commissioners:
Tom R. Swantner
Dr. James L. Barnard
J. R. de Leon
M. P. Maldonado
W. J. Roberts
Jim Young
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
February 27, 1963
2:00 p.m.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
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Mayor Ben F. McDonald called the meeting to order.
The Invocation was given by Reverend Arnott Ward, Pastor, First Presby-
terian Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Swantner, seconded by Maldonado and passed that the minutes
of the regular meeting of February 20, 1963, be approved as furnished to the Council.
Mayor McDonald welcomed as special guests of the Council the following
student representatives of the 8th Grade of St. Patrick's Parochial School, and Mr.
Otto Rudolph, Physical Education Director, who accompanied them, and Commissioner
Barnard presented Certificates of Attendance designating them as Honorary Junior
City Commissioners: Andy DuBose; Catherine Dullnig; Sharon Walters; Margo Reyna;
Carl Aeby; Judy Stickler; Danny McDaniel; Bobby Parrett; Ellen Salyers; and Martha
Malins.
Mayor McDonald read a proclamation proclaiming the period of March 4 through
8, 1963, as PUBLIC SCHOOLS WEEK in Corpus Christi, and urging all citizens to visit
their schools and observe both accomplishments and needs, with the objective of
seeking excellence in facilities, variety in academic offerings and equal oppor-
tunities for all children. In accepting the proclamation on behalf of the Texas
Citizens' Committee for Public Schools Week, Mr. James Summers of Mary Carroll High
School, extended a special invitation to the Council to visit Mary Carroll High
School during this period.
Mayor McDonald read, and distributed copies to the Council, a letter which
had been received from Hal Jay, Vice President of Explorer Post 173, of the Boy
Scouts of America, sponsored by Woodlawn Presbyterian Church, challenging the members
of the Council to a 50 -mile hike in line with The President's physical fitness
program, and in the anticipation of the publicity to Corpus Christi and to the Boy
City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 2
Scouts of the completion of such a hike. Mayor McDonald recommended the matter
be taken under careful consideration.
Commissioner de Leon read a 4 -page report of the findings, conclusions,
and recommendations including immediate steps, short range steps, and long range
steps, as a result of the public hearing held on January 30, 1963, by the Council's
Sub -committee relative to fences and other obstructing structures on Corpus Christi
Beach. (Council Exhibit #3 in File)
There followed a discussion of the report during which M . H. J. Kerber
and Mr. Robert D. Magee expressed the thanks and appreciation of the Corpus Christi
Beach property owners for such a fine and comprehensive investigation and report
on their problems.
Motion by Swantner, seconded by Young and passed that the foregoing report
of the Council's Sub -committee be accepted and approved by the City Council; that an
appropriate resolution be brought forward for the Council's consideration at next
week's meeting congratulating Commissioner de Leon and the City Staff for the
thoroughness of the investigation and report, approving the recommendations con-
tained in the report, and outlining the procedural steps to be taken for carrying
out the recommendations, with specific reference to maintaining the City's 100'
right-of-way on North Shoreline and which obstructions are legal and/or in the
public interest and which are to be immediately removed; and that the City Manager
be directed to implement the intent of the resolution by providing the maps, studies
and surveys needed so as to be in a position to recommend what is in the public
interest, serves the public safety, keeps the beach from eroding, maintains the
City's 100' right-of-way on North Shoreline, and keeps the beach open to the public.
Mayor McDonald announced the Council would next hold public hearings on
several zoning applications, and explained the procedure to be followed.
Mayor McDonald announced the public hearing on the application of Modern
Home Supply Company for a change of zoning from "R -IB" One -family Dwelling District
to "I-2" Light Industrial District on a portion of Lot A out of Lot 1, Block 1,
Bryon Willis Subdivision, described by metes and bounds, and being the Northern
portion of Lot A, adjacent to Parklane Subdivision #1 on the Northwest.
City of Corpus Christi,Texas
Regular Council Meeting
February 27, 1963
Page 3
William Anderson, Director of Planning, located the property on the map;
pointed out the zoning and land use of the area; presented 4 petitions containing
a total of approximately 178 signatures of property owners in the area which had
been submitted in opposition to the request; stated that 28 notices had been mailed
out, 14 written returns had been received against and none in favor of the request;
explained that a study by the Staff requested by the Zoning & Planning Commission
indicated that the property in question could be developed for residential use in
cooperation with the adjacent unplatted vacant tract, following which the Zoning &
Planning Commission recommended that the request for "I-2" Industrial District
zoning be denied on the basis that it constituted an encroachment into a residential
area.
John Waller, attorney representing the applicant, presented modified plans
for development of the property in question; stated that the request now was for a
special Council permit for one warehouse, that vehicular access to McArdle could
be restricted on the 25' strip, and a fence higher than the existing 6' redwood
fence provided if it was felt to be desirable by the Council. He further pointed
out that residential development with the adjacent Blanche Moore tract as suggested
by the Planning Staff was not feasible due to the existing nigh tension wires in
the easement on one side, the underground storm sewer drainage in the easement on
the other side, and the penalty involved to the property owner in providing the
street right-of-way; and stated that he felt the request did not constitute an en-
croachment and would not encourage further industrial growth since the property
would be surrounded by residential zoning, and that the warehouse operation was not
objectionable and was a more desirable use of the property than the present use
for storage of old lumber.
The opposition to the application evidenced by the 4 petitions presented
was noted, and the following spoke in opposition on the basis of devaluation of their
residential property, increased traffic, and danger to their children's safety:
George Stevens, 4934 Kathy; Forrest Jackson, 4914 Kathy; David Pickett, 4918 Kathy;
and Mrs. F. L. Jackson.
Mayor McDonald declared the hearing closed.
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City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 4
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Motion by Swantner, seconded by de Leon and passed that the foregoing
application be taken under advisement.
Mayor McDonald declared a brief recess for the purpose of assembling the
members of the Zoning & Planning Commission in order to hold the joint hearing of
the City Council and the Zoning & Planning Commission on a zoning application
scheduled for 3:00 p.m.
After a few minutes recess, Mayor McDonald called the meeting to order;
it was noted that all members of the City Council, the City Manager, City Attorney,
and the City Secretary were in attendance; Chairman Howard Ayers reported the
presence of a quorum of the members of the Zoning & Planning Commission; and Mayor
McDonald declared the joint hearing in order to proceed, and explained the manner of
procedure as agreed upon by both bodies.
Mayor McDonald announced the joint public hearing of the City Council and
the Zoning & Planning Commission on the application of Joseph Hans for a change of
zoning from "A-1" Apartment House District to "A-2" Apartment House District on the
South 1/2 of Tract 4, a partition of the Rayne Tract.
William Anderson located the property on the map; pointed out the zoning
and land use of the area; explained the purpose of the application was to allow
high-rise buildings and greater density use on the property; that 24 notices had
been mailed out, one written return had been received in favor, and none against the
request, and that no opposition had been expressed up to the present time.
Joseph Hans, architect representing the applicant Mr. Eli Lipner, explained
that he had requested the joint hearing since the commitment for permanent financ-
ing of the project has to be exercised by the 4th of March; that a survey by the
Real Estate Research Corp. of Chicago of the highest and best use of the property
indicated that this property along the Bluff of Upper Broadway was the logical
place for high-rise, quality type apartment development; and displayed the archi-
tectural sketch and plans of the proposed project showing ground floor consisting
of lobby and management apartments; 8 typical apartment floors above ground; roof-
top community room solely for the use of tnose living in the apartments; entire
rear of the property being a parking lot for 50 cars; basement for tenant storage;
and stated that there would be no commercial facilities at all in the project.
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a.
City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 5
The type of signs permitted in an "A-2" district was discussed, and
it was pointedout that this particular type of development seldom displays
more than a very small sign with name and address identification and in good
taste.
Earl Wilder, 625 South Carancahua, asked about the garbage pickup for
the apartments and the dust from the parking lot since Carancahua Street will be
adjoining the rear of the lot and the parking area; and Mr. VanCuran, 623 South
Carancahua, asked if the granting of "A-2" would be considered spot zoning in the
area.
Mr. Hans explained that projects of this type employ private garbage haulers,
that parking area will be hardtop surfaced with the cars parked in an enclosed
garage with provisions for parking of guest cars on the roof; and it was the
ruling of the Chairman of the Zoning & Planning Commission that if granted, the
zoning would be an extension of the "A-2" zoning across the street, and not spot
zoning.
No one appeared in opposition to the application.
Mayor McDonald declared the joint nearing closed, and the Zoning & Plan-
ning Commission retired to the Committee Room,
Mayor McDonald announced the Council would await further recommendation
from the Zoning & Planning Commission.
Mayor McDonald announced the public hearing on the application of Mrs.
Mary Alvarez for a change of zoning from "R -1B" One -family Dwelling District to
"B-1" Neighborhood Business District on all of Lot 7, Block 1, Mahan Place,
Mr, Anderson located the property on the map; pointed out the zoning and
land use of the area; explained the purpose of the application was for the opera-
tion of a beauty parlour; that 26 notices had been mailed out, one written return
was received in favor, and 2 against the request, and that no one had appeared in
opposition to the request at the Commission hearing; and stated that the recom-
mendation of the Zoning & Planning Commission was that this request be denied but
that a Special Permit under Article 25, Section 25-4, Subsection 12 of the Zoning
Ordinance be approved for a Beauty Shop subject to the condition that all outdoor
advertising be restricted to one sign of 5 sq.ft. and that such sign be flat against
the building, unlighted, and not project above the roof line. Mr. Anderson
City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 6
commented further that if a special Council permit is granted, that the sign should
conform to the 1 sq.ft. size permitted in home occupancy regulations.
Mrs. Alvarez, applicant, presented a written statement which was read,
which outlined her need for this manner of supplementing the family income, on the
basis of its being a hardship case due to her inability to obtain employment as a
beauty operator for which she was trained by the State due to deafness, and which
pointed out that there was ample off-street customer parking available in the double
driveway.
No one appeared in opposition to the application.
Mayor McDonald declared the hearing closed.
Motion by de Leon, seconded by Maldonado and passed that the recommendation
of the Zoning & Planning Commission be concurred in and the request for "B-1" zoning
on Lot 7, Block 1, Mahan Place, be denied, but that in lieu a special Council permit
be granted for the operation of a beauty shop subject to the condition that all out-
door advertising be restricted to one sign of one square foot, flat against the
building, unlighted, and not to project above the roof line, and further subject to
the condition that no more than two beauty operators be permitted.
Mayor McDonald announced the public hearing on the application of Mr. J. M.
Gross for a change of zoning from "R -1A" One -family Dwelling District to "A-1" Apart-
ment House District on a portion of Lot 4, First Baptist Church Tract, described
by metes and bounds, and being the Northern portion of Lot 4, located to Northeast
and Northwest of the existing Chateau Apartments.
Mr. Anderson located the property on the map; pointed out the zoning and
use of the area; explained the applicant wished to extend the zoning to complete
the development of his project; that 17 notices had been mailed out, 2 written
returns had been received in favor, and 8 against the request; and that the recom-
mendation of the Zoning & Planning Commission was that the request for "A-1" be
granted.
Mr. Gross, applicant and developer, reviewed the history of the property as
to acquisition of ownership, zoning, redevelopment, utility provisions, and a recent
exchange of land with the Baptist Church in whicn he had acquired the extra depth of
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City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 7
property he is asking to have zoned, plus acquiring the right to use the private
road. He further explained that although there is sufficient space within the
present zoning to complete his apartment project, the additional zoning will allow
him to spread out the remaining portion of the project, thereby making use of the
rear portion which would otherwise be unusable because of no access.
The following spoke in opposition to the request on the basis of devalu-
ation of their property because of nearness of that portion of the project already
completed, additional noise nuisance, increase of existing traffic conjection, ad-
ditional hazard to their children, existing speeding on the private road, existing
inadequacy of storm and sanitary sewer facilities, and probable resale of the prop-
erty and ensuing deterioration Mrs. Robert Biel, 3038 Santa Fe; Dr. and Mrs.
Sanford Glanz, 209 Chencweth Dr.; Dr. Damon Bernwanger, 201 Chenoweth Dr.; R. C.
Morlye, 3042 Santa Fe; and Mrs. Bill Powell, Lot 2, Beekman Place.
Mayor McDonald declared the hearing closed.
Motion by Swantner, seconded by Maldonado and passed that the foregoing
application be tabled for determination as to whether the owners of 20% of the
adjoining property have filed written protest.
At the suggestion of Commissioner Swantner, the City Manager was direct-
ed to provide a report on the drainage and sanitary sewer situation for this area.
Mayor McDonald excused himself from the meeting, and turned the Chair
over to Mayor Pro Tem Swantner.
Mayor Pro Tem_ Swantner read, the recommendation of the Zoning & Planning
Commission, which hal just been delivered to the Council, that the request for a
change of zoning from "A=1" Apartment House District to "A-2" Apartment House
District on the South of Tract 4, a partition of the Rayne Tract, be approved.
Motion by Roberts, seconded by Young and passed that the recommendation
of the Zoning & Planning Commission be concurred in, and the zoning on the South
of Tract 4, a partition of the Rayne Tract, be changed from "A-1" to "A-2" Apart-
ment House District.
Mayor Pro Tem. Swantner announced the public hearing on the application
of Corpus 0hristi Builders, Inc. for a change of zoning from "R -1B" One -family
Dwelling District to "AB" Professional Office District on a 21.48 acre tract of
City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 8
land out of Lots 27 & 28, Section 2, Flour Bluff & Encinal Farm & Garden Tracts,
more fully described by metes and bounds.
Mr. Anderson located the property on the map ; pointed out the zoning
and land use of the area; presented a site plan and architectural sketch of the
proposed development, including street layout, for a clinic, nursing home, doc-
tors' offices, pharmacy, and. hospital; and explained that one written return had
been received in favor of the request and none against; and that the recommenda-
tion of the Zoning & Planning Commission was that the request for "AE" P ofession-
al Office District be approved subject to a proper plat.
Olen W. Freese, Vice President of Corpus Christi Builders, Inc., spoke
in support of the request on the basis of the need shown for this type of develop-
ment by a recent study; explained that the pharmacy would have no outside entrance;
and pointed out that there had been no opposition at the Commission hearing.
Roy Smith, property owner in the area, stated that he felt it was a fine
development, much needed in the area, and a step forward for the City.
No one appeared in opposition to the request.
Mayor Pro Tem Swantner declared the hearing closed.
Motion by Young, seconded by Roberts and passed that the recommendation
of the Zoning & Planning Commission. be concurred in, and the zoning on the 21.48
acre tract of land out of Lots 27 & 28, Section 2, Flour Bluff & Encinal Farm &
Garden Tracts, be changed from "R-l.B" to "AB" Professional Office District subject
to a proper plat.
City Manager Whitney reported that for the first time in 4 years he had
nothing to submit under City Manager's Reports.
ORDINANCE NO. 6827
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH
DA; 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 PASS;: ARD _'APPROVED ON THE 29'I'i DAY OF MARCH,
1961, HZ AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALAMEDA ESTATES, LOT 1
AND 2, BLOCK 1, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES 00UNTY, TEXAS,
AS SHOWN By MAP OR PLAT THEREOF, RECORDED IN VOLUME 26, PAGE 1, OF THE NUECES
COUNCY MAP RECORDS, ON DECEMBER 5, 1962, FROM "R -1B" ONE FAMILY DWELLING DIS°fRICT
TO "B-1" NF;'_'' iPORP.OG'D E:,STNrgs ,r7q ', T(7P; KEEPING IN EB'y1CT ALL OTHER PROVISIONS OF
THE E'XIS'TING ORDINANCE P2 AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
AND DECLARING AN EMERGENCY
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City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 9
The Charter rule was suspended by the following vote: Mayor Pro Tem
Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all
present and voting '''Aye", and Mayor McDonald absent.
The foregoing ordinance was passed by the following vote: Mayor Pro
Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young
voting "Aye", and Mayor McDonald absent.
City Manager Whitney presented and read a proposed resolution relative
to the location of a Flight Ser,ioe Station at International Airport by the Fed-
eral Aviation Agency.
Motion by de Leon, unanimously approved, that the foregoing resolution
be introduced and acted upon.
RESOLUTION N0. 6828
EXPRESSING A DESIRE TO FURNISH A SUITABLE BUILDING TO HOUSE THE FLIGHT SERVICE
STATION AT THE CORPUS CHRISTI TNTER.NATIONAL AIRPORT AND AUTHORIZING AND DIRECTING
THE CITY MANAGER TO DO SUCH THINGS AS ARE REQUIRED TO PROCURE THE LOCATION OF THE
FLIGHT SERVICE STATION AT THE :LNTERNAP:ONAL AIRPORT AND TO EXECUTE THE INSTRUMENTS
NECESSARI FOR THE OPERATION OP THE AFORESAID FLIGHT SERVICE STATION.
The Charter rule was suspended by the following vote: Mayor Pro Tem
Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all
present and voting "Aye", and Mayor McDonald absent.
The foregoing resolution was passed by the following vote: Mayor Pro
Tem Swantner, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young
voting "Aye", and Mayor McDonald absent.
Mayor Pro Tem Swantner called for petitions or information from the
audience on matters not scheduled on the agenda.
R. D. Morris, owner of Blue Bonnet Cafe, Park & Staples, C. W. Neisel,
owner of Appliance Service Co., 618 So. Staples, and E. E. Campbell, owner of
Campbell Motors, Park & Staples, presented a petition of approximately 124 signa-
tures of owners of businesses and property and residents in the vicinity, request-
ing that the traffic control. light at the intersection of Park Avenue and South
Staples Street be re -installed. They spoke at length of the need. for this traffic
control light, wad pointed out that the controls were still in place, that only
the light had been removed, and urged that the request be complied. with immedi-
ately. (Petition #2 in File)
City of Corpus Christi, Texas
Regular Council Meeting
February 27, 1963
Page 10
The petition was ordered received and referred to the City Manager for
report next week as to reason for its temporary removal and as to whether or not
there is a question as to its replacement.
Phillip Rosenstein, 409 South Tancahua, read a 4 -page comment on the
welfare cases in the City with the suggestion that one of the Council meetings
be devoted exclusively to a discussion of the health and welfare of Corpus Christi
and what can be done to improve conditions.
Mayor McDonald returned to the meeting and resumed the Chair during the
foregoing comments; commented that in his attendance at national, international
and regional meetings with Mayors of other cities, he had particularly noted that
the need for welfare work and better housing is a universal problem, but that the
City of Corpus Christi compares more than favorably in these respects with other
cities; and requested that Mr. Rosenstein's written comments be received and
filed with the City Secretary, (Council Exhibits #4 in File)
ORDINANCE No. 6826
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 GRANTING A SPECIAL USE PERMIT ON LOTS 12, 13, 14 AND 15, BLOCK 42, LIN -
DALE PARK NO. 3, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
FOR THE OPERATION OF A DAY NURSERY; KEEPING IN ha.T'ECT ALL OTHER PROVISIONS OF THE
EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING AN ElaRGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
Commissioners Barnard, de Leon, Maldonado, Roberts, and Young present and voting
"Aye", and Commissioner Swantner abstaining.
The foregoing ordinance vas passed by the following vote: Mayor McDonald,
Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and
Commissioner Swantner abstaining.
Commissioner Swantner stated that he had abstained due to personal in-
terests in several properties in the area.
There being no further business to come before the Council, the meeting
was adjourned. -
I, Ben F. McDonald, Mayor of the City of Corpus Christi, Texas, certify that the
foregoing minutes, same being for the period of February 6, tnrough February 27, 1963,
inclusive, and having been previously approved by Council action, are by me hereby
approved.
"BEN F. MC DONALD, Mayor
City of Corpus Christi, Texa