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HomeMy WebLinkAboutMinutes City Council - 03/06/1963CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 6, 1963 2:00 p.m. PRESETIT: 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 Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Ben F. McDonald called the meeting to order. The Invocation was given by the Reverend Dr. Olan Runnels, Pastor, Morgan Avenue Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Mayor McDonald welcomed as special guests of the Council, student representatives of South Park Junior High School, their assistant principal, Mr. H. L. Stewart, and sponsor, Mr. Tort Davis, and Commissioner Barnard pre- sented Certificates of Attendance designating the following as Honorary Junior City Commissioners; Debbie Denman, Gib Meadows, Roy Hardy, Phyllis Prinz, Kathy Garcia, Linda Whitfield, Carol Gallagher, Jay Mayfield, and Mike Brown. Mayor McDonald read a proclamation in recognition of the services for crippled children provided by the Nueces County Easter Seal Society through the Ada Wilson Hospital of Physical Medicine and Rehabilitation, Inc., pro- claiming Saturday, April 13, 1963, as BUNNY DAY FOR CRIPPLED CHILDREN in Corpus Christi, and urging all citizens not only to generously support this appeal, but to learn what they can do to help crippled children as individuals. Mayor McDonald welcomed to the meeting a visitor from Manitowoc, Wis- consin, Mr. John G. Muller, shipbuilding engineer, who as a private citizen is interested in our City Manager form of municipal government as compared to the Mayor -Council form of his City. Motion by de Leon, seconded by Roberts and passed that the minutes of the regular meeting of February 27, 1963, be approved as furnished to the Council. Mayor McDonald explained that the U. S. Naval Air Station had requested that the authority of the Joint Airport Zoning Board to adopt and enforce air- port zoning regulations be extended to cover the area around all military in- atallations in order to prevent encroachments which might constitute airport hazards. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 2 Motion by Barnard, seconded by de Leon and passed that the presently appointed and acting City -County Joint Airport Zoning Board be reappointed, re- affirmed, and designated as the Joint Airport Zoning Board, and that the authority of the Board to adopt, administer, and enforce airport zoning regulations be ex- tended to cover all military installations within the City -County jurisdiction. The following were named as the City -appointees to the Joint Airport Zoning Board, Jack Constantine and Charles R. Manning, and Fred Heldenfela, Jr. as City -County appointee. Mayor McDonald announced the Council would take action on the pending item of the request for a change of street name of Leopard Street and so much of Highway 9 as lies within the corporate limits to Main Street, or other appropriate name. City Manager Whitney reported that the Highway Department has indicated no interest in the matter of street name, since the only State signing would be by highway number designation; and that the City's estimated cost for re-signing is approximately $350. Motion by Barnard, seconded by Maldonado and passed, with Commissioner de Leon abstaining, that the name of Leopard Street be retained, and that it be so designated from its origin at Broadway to the present City limits in Calallen. Commissioner Swantner inquired as to the status of the petition re- ceived et last week's meeting relating to the re -installation of the traffic sig- nal light at Park Avenue and Staples Street, and of the study on needed traffic controls on Alameda Street, with particular reference to Alameda at Rossiter, and commented that he felt pedestrian travel should be taken into consideration when considering traffic problems and control. City Manager Whitney replied that a report on the matter of the traffic signal at Park and Staples had been submitted to the Council at the Tuesday night Workshop meeting which Mr. Swantner had been unable to attend, and that the matter had been referred to the Traffic Safety Advisory Board for their recommendation; and that the report and recommendations of that Board have not yet been received with reference to Alameda Street. The City Manager was instructed to request the Traffic Safety Advisory Board to pro- vide its report and recommendations in these matters to the Council'as soon as possible. Mayor McDonald announced the public hearing on the application of Mrs. Jane H. Mays for a change of zoning from "R-2" Two-family Dwelling District to City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 3 "AB" Professional. Office District on all of Lot 64 and the South 5' of Lot 63, and a 70' x 125° tract South of and adjacent to Lot 64, B].oek 812, Port Aransas Cliffs. William Anderson, Director of Planning, using a transparency projector, located the property on the map of the area; pointed out the zoning and land use of the area; explained that 16 notices had been mailed out, 2 written returns had been received in favor of the request, and 13 against, which he presented; and stated that the recommendation of the Zoning & Planning Commission was that the request for "AB" Professional Office District be approved. Mrs. Jane Mays, applicant and owner of the property in the application, spoke in support of the request on the basis that the proposed offices for three doctors who are relatives of her's and clinic is a higher use of the property and more desirable than residential use due to the professional and business uses in the vicinity and the volume of traffic on Alameda. The following exhibits were ordered received: petition in opposition to the request, dated February 2, 1963, containing approximately 40 signatures; petition in opposition, dated March 2, 1963, containing 5 signatures; petition presented at this hearing protesting the change of zoning under Section 30-5 of the Zoning Ordinance, containing 4 signatures; letter of protest under Section 30-5 of the Zoning Ordinance, from St. Paul's United Chruch, dated March 3, 1963; and telegram of protest of Mr. and Mrs. H. A. Krumrey, dated March 4, 1963. The following appeared and spoke in opposition to the request on the basis that the neighborhood is deed restricted for residences only, the devalua- tion of residential property, no need for businesses in the area, no shortage of available office space in the City, the property can be better used for family residences since it is within walking distance of 4 schools, and the granting of the re -zoning would create a trend for the remainder of the block facing on Alameda to request similar changes in zoning: Tom Hanley, 3205 Austin; E. H. Glass, 3212 Topeka; Mr. & Mrs. George Blucher, 3211 Topeka; G. R. Broad, 3202 Topeka; G. W. Perry, representing St. Paul's United Church; T. 0. Foster, Jr., 3243 Topeka; Edwin Briggs, 3201 Austin; Mrs. Clarence Hertel, 3254 Topeka; Mrs. Janice Batson, 3266 Topeka; Mrs. A. B. Rinehart, 3226 Topeka; Mr. and Mrs. G. R. Perry, 3257 Topeka; and Mr. and Mrs. Charles Danford, 3201 Topeka. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 4 Mayor McDonald declared the hearing closed. In a short discussion among the Council, Commissioner de Leon stated that he was quite familiar with the area in question and aware of the deed re- strictions; that he felt the request was not in keeping with the character of the neighborhood; that he had observed that professional business that locate in an area with a high traffic count later find it was a mistake because the residents move away; and that he felt it would be a mistake to change the zoning of this property at the present time. Commissioner Swantner observed that the Council has on occasion used duplex zoning as a buffer in requests for business zoning where there is a residential problem, and pointed out that the granting of this request for re -zoning would remove an existing buffer. Motion by Roberts, seconded by Maldonado and passed that the request for a change of zoning on Lot 64 and the South 5° of Lot 63, and a 70' x 125' tract South of and adjacent to Lot 64, Block 812, Port Aransas Cliffs, from "R-2" to "AB" be denied. It was explained that the Council felt it was being consistent in the denial of the foregoing application in that in the recent granting of "AB" zoning at Glazebrook and Alameda there were existing business and professional uses, but that in this instance there are no existing encroachments on the residential use of the immediate area. Mayor McDonald announced that the Council wished to consider Item "i" under Ordinances on the agenda at this time, vhich was a proposed ordinance amend- ing the Platting Ordinance so as to no lo}er permit lots to be of less area than 6,000 square feet. Motion by Svantner, seconded by Roberts and passed that the proposed amendment to the Platting Ordinance relative to permitted square foot area of lots be referred to the Zoning & Planning Commission for further comment and recommen- dation, Mayor McDonald excused himself temporarily from the meeting, and turned the Chair over to Mayor Pro Tem Swantner. Mayor Pro Tem Svantner announced the public hearing on the application of A. C. Gilmore for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on all of Lots 41, 42, 43, 44, 45, 46, 47 and 48, Block 817, Port Aransas Cliffs. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 5 Mro Anderson located the property on the map; pointed out the zoning and land use of the area; explained that Lots 41 and 42 of the application had been granted a change of zoning from "R-2" to "AB" on July 17, 1962, and are included in the present request for "B-1" zoning; that 29 notices had been mailed out, 4 written returns had been received in favor of the request, and 19 against; and that the recommendation of the Zoning & Planning Commission was that the request for "B-1" Neighborhood Business District be approved. city Manager Whitney presented a petition of approximately 19 signatures of property owners in the immediate vicinity opposing the re -zoning of any of the property in question, but requesting that Lots 41 and 42 of the application be granted a special Council permit for the operation of a needlecraft center, for which purpose the property is under contract of sale in the event the request for "B-1" zoning is denied; and a letter dated February 25, 1963, signed by Marion Hall McArdle, owner of Lots 41 and 42 of the property described in the application, explaining that the contract for sale to Mre Gilmore is conditioned on obtaining the requested zoning, that if said zoning is not granted then the property is under contract of sale to Mrs. Dorothy Wilkie conditioned on obtaining a special Council permit for the operation of a needlecraft center, which she understands is not ob- jectionable to the residential property owners in the area, and requesting that in the event the requested "B-1" zoning on these lots is denied, that her letter be considered a request for the granting of a special Council permit for the nedile- craft operation, Mayor McDonald returned to the meeting and resumed the Chair. Following a short discussion, it vas ruled that the Council has the authority to either grant or deny the zoning applied for, grant any lesser zoning, or grant a special Council permit for a particular operation without further pro- cessing through the Zoning & Planning Commission. Commissioner Svantner vas excused from the meeting. Jack Rice Turner, architect representing the applicant, Mr. Gilmore, spoke in support of the request; presented preliminary plans for the area designed for La Fonda restaurant, showing 3100 sq.fto of masonry construction, off-street park- ing of 4 to 1 ratio, seating capacity for 150 persons, kitchen area with roof ventilation containing filters, service area on the side, and room for future ex- pansion; explained that the financing was assured, and that construction would go City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 6 forward within this month; and urged the granting of the request on the basis of the established business use in the vicinity and the need for this type of rest- aurant in the South part of the City. Mayor McDonald excused himself temporarily from the meeting, and turned the Chair over to Commissioner Young. Roy Box, realtor, explained his connection with the application, and stated he felt the neighbors would be proud of the improvements once they were accomplished. Fiares Wade, attorney, explained that the contract of sale of the two lots, Lots 41 and 42, of the application owned by Mrs. McArdle, would be effective only in the event that the requested "13-1" zoning was denied, in which event, Mrs. McArdle was requesting that the Council grant a special Council permit for the operation of a needlecraft center on these two lots, which operation was not ob- jectionable to the neighbhors as evidenced by one of the petitions submitted earlier in the hearing. Mrs. Dorothy Willie explained what would be involved in the operation of the needlecraft center, and stated that she felt this was a good location. C. B. Caswell, 3725 Topeka, reviewed the zoning and recent sales history of the property in question; pointed out that the completion of the proposed La Fonda restaurant was contingent upon the change of zoning, obtaining the $50,000 loan applied for, obtaining a $15,000 loan on some duplexes, and the ability to trade a lot on Ocean Drive for a lot on Lexington to exchange for this property; and stated that he strongly opposed the re-zoning on the basis that there were too many contingencies to the accomplishment of the development, the objectionable kitchen odors, noise, garbage cans at the backdoors of adjoining residences, parking lights, and the depreciation in value of residential property backing up to this property. The following supported all of Mr. Caswell's objections: Mrs. C. B. Caswell, 3725 Topeka; Max Hillard, 3717 Topeka; and Sydney B. Denton, 3738 Topeka. Mayor McDonald returned to the meeting and resumed the Chair. Mayor McDonald declared the hearing closed. Motion by Barnard, seconded by Maldonado and passed that the request be taken under advisement. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 7 Mayor McDonald called for the reading of the ordinances at this time in order to acquaint the students in the audience with this form of action. ORDINANCE NO. 6829 SETTING UP, CREATING AND DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO FORTY- THREE (43) WARDS: DESCRIBING SAID WARD; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFTICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent, ORDINANCE NO. 6830 DIVIDING THE CITY OF CORPUS CHRISTI, TEXAS, INTO FORTY-THREE (43) ELECTION PRE- CINCTS FOR AND IN WHICH ALL MUNICIPAL ELECTIONS SHALL HEREAFTER BE HELD IN AND FOR SAID CITY AND SAME SHALL BE KNOWN AS ELECTION PRECINCTS NUMBERS ONE (1) THROUGH FORTY-THREE (43), INCLUSIVE; REPEALING ALL ORDINANCES OR PARTS OF ORDIN- ANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: MayOr McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. ORDINANCE NO. 6831 CALLING AN ELECTION FOR MAYOR AND SIX (6) COMMISSIONERS IN THE CITY OF CORPUS CHRISTI TO BE HELD ON THE FIRST TUESDAY IN APRIL, 1963; DESIGNATING PLACES OF HOLDING SUCH ELECTION; NAMING THE OFFICERS THEREFOR; PRESCRIBING THE FORM OF NOTICE OF ELECTION, AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent.. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 8 ORDINANCE N0. 6832 ORDERING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1963, AT WHICH ELECTION THERE SHALL BE SUBMITTED TO A VOTE OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF GRANTING A FRANCHISE, FOR A TERM OF FIVE (5) YEARS, TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION, TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI WITHIN THE AREAS DESCRIBED IN SAID FRANCHISE, AS IS FULLY DESCRIBED IN ORDINANCE NO. 6757, GRADING SAID FRANCHISE, FINALLY PASSED ON THE 9TH DAY OF JANUARY, 1963, A COPY OF WHICH FRANCHISE IS iNU1.UDED HEREIN AND MADE A PART HEREOF; AND ORDERING AN ELECTION TO BE HELD ON THE 2ND DAY OF APRIL, 1963, AT WHICH ELECTION THERE SHALL BE SUED TO A VOTE OF THE QUALIFIED VOTERS OF THE CITY OF CORPUS CHRISTI THE QUESTION OF WHETHER OR NOT THE CITY COUNCIL SHALL BE AUTHORIZED TO ENACT AN ORDINANCE GRANTING A FRANCHISE FOR A PERIOD OF Pin EEe (15) YEARS TO CORPUS CHRISTI MUNICIPAL GAS CORPORATION TO CONSTRUCT AND OPERATE GAS PIPES AND MAINS IN, ON, UNDER AND ALONG THE STREETS, AVENUES, ALLEYS AND PUBLIC PLACES OF THE CITY OF CORPUS CHRISTI, AS FULLY DESCRIBED IN SAID ORD- INANCE; FIXING GENSFLAL.Y THE RIGHTS OF THE PARTIES UNDER SAID FRANCHISE; DESCRIB- ING THE AREAS WITHIN WHICH SUCH FRANCHISE SHALL BE APPLICABLE AND WHICH AREA IS GENERALLY REFERRED TO AS THE SOUTH AREA, THE SOUTHWEST AREA AND THE NORTHWEST AREA, ALL AS SET FORTH IN SAID PROPOSED FRANCHISE AND ORDINANCE; DESIGNATING THE PLACES FOR HOLDING BOTH OF SAID ELECTIONS; NAMING THE OFFICERS THEREFOR; PROVIDING FOR THE SUBMISSION OF THE QUESTION OF RATIFICATION OF THE FIVE (5) YEAR FRANCHISE FIRST MENTIONED IN THE CAPTION HEREINABOVE TO BE VOTED ON AS PROPOSITION "A" AND PROVIDING FOR THE FRANCHISE ORDINANCE FOR FIFTEEN (15) YEARS To BE VOTED ON AS PROPOSITION "B" AT SAID ELECTION; AND ENACTING PROVISIONS INCIDENT TO AND RELATING TO THE HOLDING OF SUCH ELECTION AND THE RETURNS THEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. ORDINANCE N0. 6833 AMENDING THE ZONING ORDINANCE OF THE CMS[ OF CORPUS CHRISTI ADOPTED ON THE 2(TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SER OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY GRANTING A SPECIAL USE PERMIT ON LOT 7, BLOCK 1, MAHAN PLACE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE OPERATION OF A BEAUTY SHOP UNDER THE CONDITIONS HEREIN CONTAINED; 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 by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Coomiasioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 9 ORDINANCE NO. 6834 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED 016 THE 27TH DAY OF AUGUST, 1937, APPEARING OR 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 TSE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOT 14, SUNNY SIDE STRIP ADDITION, AN ADDITION TO TRE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. ORDINANCE NO. 6835 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 217si 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 TEE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF THE SOUTH 1/2 OF TRACT b, A PARTITION OF THE RAYNE TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE DIS- TRICT; 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 by the following vote; Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting Aye", and Commissioner Swantner absent. ORDINANCE NO. 6836 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 THE ZONING MAP BY CHANGING THE ZONING OF COLUMBIA PARK CENTER UNIT 2, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED IN VOLUME 26, PAGE 34, OF THE NUECES COUNTY MAP RECORDS, UNDER DATE OF FEBRUARY 28, 1963, BEING A RERLAT OF 3.6 -ACRE TRACT OF LAND OUT OF LOT 1, SECTION 5, BOHEMIAN COLONY LANDS, FROM "R -1B" ONE FAMILY DWELL- ING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 10 The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Ccmmiseioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. ORDINANCE No. 6837 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A QUITCLAIM DEED TO THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY COMMISSION, RELEASING AND FOREVER QUITCLAIMING UNTO THE STATE OF TEXAS ALL OF THE CITY'S RIGHT, TITLE, INTEREST, CLAIM AND DE- MAND IN AND TO AN EASEMENT OR RIGHT OF WAY ACROSS LOT 8, BLOCK 4, AND LOTS 1, 2, 3 AND 4, BLOCK 7, JONES ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT THEREOF WHICH IS ON FILE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, A COPY OF WHICH QUITCLAIM DEED IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. RESOLUTION N0. 6838 ACCEPTING AND APPROVING THE REPORT OF THE COUNCIL SUBCOMMITTEE ON CORPUS CHRISTI BEACH CONDITIONS, WHICH REPORT WAS MADE BY COMMISSIONER JOE R. DE LEON ON FEBRU- ARY 27, 1963; CONGRATULATING COMMISSIONER DE LEON AND OFFICERS OF THE CITY STAFF FOR THE THOROUGHNESS OF THE INVESTIGATION AND REPORT; SETTING FORTH THE PROCEDUR- AL STEPS TO BE TAKEN FOR CARRYING OUT THE RECOMMENDATIONS CONTAINED IN SAID RE- PORT AND DIRECTING THE CATION OF THE CARRYING OUT OF SAID RECOMMENDA- TIONS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young voting and Commissioner Swantner absent. THIRD READING OF AN ORDINANCE: ORDINANCE No. 6839 RECEIVING IN AND ANNEXING TO THE CITY OF CORPUS CHRISTI, TEXAS, AN AREA CONSIST- ING OF 2,049.85 ACRES, MORE OR LESS, SAID AREA GENERALLY REFERRED TO AS THE U. S. NAVAL AIR STATION, CORPUS CHRISTI, TEXAS, AND BEING MORE FULLY DESCRIBED HEREIN- AFTER, OWNED IN FEE BY THE UNITED STATES OF AMERICA; FULLYCRIIBING T THE THE MEME AS AN INTEGRAL PART OF THE CITY OF CORPUS CHRISTI, TEXAS, City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 11 A PART THEREOF, AND SUBJECT TO THE CONDITIONS, RULES, REGULATIONS, ORDINANCES AND CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AT LEAST ONE TIME IN A NEWSPAPER PUBLISHED IN THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the third time and passed finally by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. ORDINANCE N0. 6840 AMENDING ORDINANCE NO. 3658, PASSED AND APPROVED ON THE 10TH DAY OF FEBRUARY, 1954; ENTITLED "AN ORDINANCE AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE XX PROVIDING FOR THE ADOPTION AND AININISTR TION OF THE POSITION CLASSIFICATION PLAN FORRA SEC- TION AND POSITIONS IN THE CLASSIFIED SERVICE", AS AMENDED, BY TION 4 OF ARTICLE XX OF SAID ORDINANCE BY DELETING CERTAIN POSITIONS AND ADDING CERTAIN POSITIONS IN THE OFFICE MACHINE OPERATION SERIES OF TEE ADMINISTRATIVE AND CLERICAL GROUP; BY PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and Commissioner Swantner absent. The foregoing McDonald, Commissioners "Aye", and Commissioner ordinance was passed by the following vote: Mayor Barnard, de Leon, Maldonado, Roberts, Swantner absent. ORDINANCE N0. 6841 AMENDING THE ELECTRICAL CODE OF THE CITY OF CORPUS CHRISTI, TEXAS, BEING ORDIN- ANCE N0. 2204, PASSED AND APPROVED ON THE 30R DAY OF DECEMBER, 1947, ENTITLED AN ORDINANCE REGULATING ELECTRIC WIRING WITHIN TSE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR SAFEGUARDING PERSONS AND PROPERTY AND PROMOTING THE WELFARE OF THE PUBLIC; CREATING THE OFFICE OF CHIEF ELECTRICAL INSPECTOR AND PRESCRIBING EQUIPMENT AND FOR ITS INSTALLATION AND 3REQUIRING CONFO; ESTABLISHING RMITY ELEC- TRICAL THEREWITH; OF ELECTRICAL MAKING RM IT UNLTHEREFULOR, EXCEPT KE OTHERWISEPROVIDED;PROVIDED; PROVIDING FOR TRATION A PERMIT THEREFOR, OF ELECTRICAL WORKERS AND CONTRACTORS; ESTABLISHING INSPECTION PERMIT FEES; PRO- VIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE", AS AMENDED, BY AMENDING PARAGRAPH 2 OF SUBSECTION (b) OF SECTION 9-11 SO AS TO PERMIT 'TWELVE (12) OUT- LETS FOR OTHER OCCUPANCIES OVER 200 VOLTS WHEN THE TOTAL LOAD DOES NOT EXCEED 80% OF THE BRANCH CIRCUIT RATING; CONTAINING A SAVINGS CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all present and voting "Aye", and commissioner Swantner absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commieeio^ µ,._ Buns -1, de Leon, Maldonado, Roberts, and Young voting "Aye", and Commissioner Swantner absent. Mayor McDonald excused himself temporarily from the meeting and turned the Chair over to Commissioner Maldonado. and Young voting City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 12 Commissioner Maldonado announced the public hearing on the application of Giles Grady for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a 3 -acre tract out of Lot 5, Section 4, Bohemian Colony Lands. Mr. Anderson located the property on the map; pointed out the existing land use of the area and that due to its being within the newly annexed area, all zoning if "R -1B" until the overall re -zoning; explained that the applicant de- sires to locate a general contracting business and yard on the property; that 5 notices were mailed out, 4 written returns had been received in favor of the request, and none against; and stated that the recommendation of the Zoning & Planning Commission was that the request for "I-2" Light Industrial District be approved. No one appeared to speak for or against the application. Commuiseioner Maldonado declared the hearing closed. Motion by de Leon, seconded by Young and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the zoning on the 3 -acre tract out of Lot 5, Section 4, Bohemian Colony Lands, be changed from "R -1B" to "I-2". Commissioner Maldonado announced the public hearing on the application of W. J. Kosarek, Rudolph Polasek, Modern Homes Supply Co.,. Inc., Joseph Maras, Edward Quaile, Marian Ball McArdle, and John A. Waller for a change of zoning from "R -1B" One -family Dwelling District and "R-2" Two-family Dwelling Dis- trict to "B-4" General Business District on all of Lots 1, 2, 23 and 24, Block 3; all of Lots 1, 2 and 24, Block 4; Lots 1, 2 and 24, Block 5; all of Lots 1, 24 and South 30' of Lot 23, Block 6; all of Lote 1 and 24 and South 30' of Lots 2 and 23, Block 7; all of Lote 1 and 24 and South 50' of Lots 2 and 23, Block 8 of Lexington Estates. Mr. Anderson located the property on the map along Lexington Boulevard between Carroll Lane and Hakel Drive; pointed out the zoning and land use of the area; explained that 72 letters had been mailed out, 2 written returns received in favor of the request, and 12 against; and stated that the recommendation of the Zoning & Planning Cwmmission was that the request for "B-4" General Business District be denied but that "B-1" Neighborhood Business District be approved on Lots 1 and 24 and South 30' of Lots 2 and 23 of Block 7; on Lots 1 and 24 and City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 13 South 50' of Lots 2 and 23 of Block 8; that "AB" Professional Office District be approved on Lots 1 and 24 of Block 3; Lots 1 and 24 of Block 4; Lots 1 and 24 of Block 5; Lots 1 and 24 and South 30' portion of Lot 23 of Block 6. The opposition to the request of the owners of 15 properties in the vicinity was presented as well as the written returns received in opposition. John Waller, attorney, representing all the applicants, pointed out that Lot 23, Block 3 of the application had been included in error; identified the ownership of each of the properties and the proposed business development; stated that "B-l" zoning would accommodate all of the proposed businesses; and urged the granting of "B-1" zoning for all of the properties on the basis that they are the only vacant properties in the vicinity, are not suitable for resi- dential zoning as evidenced by the removal several months ago, without objection, of the deed restrictions and by the fact that F.H.A. financing cannot be obtained for these properties as presently zoned, due to facing on an expressway and proximity to a heavily travelled collector street such as Carroll Lane; and stated that he felt none of the businesses planned are objectionable. Joseph Hans, architect, speaking for Mr. Quaile, explained that his study of the property had indicated a need in the area for a grocery store with service area, package store, barber shop, flower shop, and washateria and ex- plained that an agreement had been made with Maverick Drive-in Market and that the manager was present in the interest of the application. The following spoke in opposition to any change in zoning on the basis that there are more than adequate shopping centers within 4 blocks from one end of the property in question and within 5 blocks of the other end, that the lots in question would sell for residences if put on the market at residen- tial prices, that business property and the increased activity and traffic would greatly devaluate their residential properties: Mrs. Wyatt Jordan, 5030 Moravian Dr.; Johnny Sims, 5026 Cosner Dr.; Mr. and Mrs. J. B. Strong, 5018 Cosner Dr.; we. Albert Rentfrow, 5022 Cosner; Mr. and Mrs. Walter Foerster, 4011 Cosner; and Charles Hankin, 5034 Mokry Dr. Mayor McDonald returned to the meeting during the foregoing and re- sumed the Chair. Mayor McDonald declared the hearing closed. City of Corpus Christi, Texas Regular Council Meeting March 6, 1963 Page 14 Motion by Maldonado, seconded by Barnard and passed that the applica- tion be taken under advisement. Commissioner de Leon commented that he felt the matter of the grade - crossings and interchanges for the expressway should be checked before a proper decision can be reached as to proper zoning. Mayor McDonald called for the City ManageT's Reports. Motion by Roberts, seconded by Young and passed that the City Mana- ger's Reports be accepted and the recommendations and requests be approved and granted, as follows: a. That the southerly one-half of Hillcrest Street, a distance of 73.51 feet on the easterly side of Hillcrest Street, and 160.03 feet on the westerly side which abuts a 10 -foot alley on the westerly side of Hillcrest Street, to the intersection of Leopard and Peabody Streets, be closed and the portion so closed be quitclaimed to the adjoining property owner, Mr. John Thomason, for the price of $1,000 offered by him at the time of the public hearing on the matter on May 24, 1961; b. That the date of March 27, 1963, during the regular meeting, be set for public hearing on 4 zoning applications. No one appeared in response to Mayor McDonald's invitation to anyone in the audience with petitions or information for the Council to come forward end be heard. There being no further business to come before the Council, the meeting was adjourned.