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HomeMy WebLinkAboutMinutes City Council - 03/20/1963CIT OF CORPUS Mimi, TEXAS REGULAR COUNCIL MEETING. March 20, 1963 2:00 p.m. PRESENT: Mayor Ben F. McDonald Commis James LL. Ba Barnard City Manager Herbert We Whitney Tom eAsst City Att'y Charles Cartwright J. City Secretary T. Ray Kring Jo R. de Leon Mo Po Maldonado W. Jo Roberts Jim Young Mayor Ben F. McDonald called the meeting to order. The Invocation was given by the Reverend Milton Muehlberger, Pastor of Abiding Savior Lutheran Church. City Secretary To Ray Kring called the roll of those in attendance. Motion by Young, seconded by Maldonado and passed that the minutes of the regular meeting of March 13, 1963, be approved as furnihsed to the Council. Mayor McDonald welcomed as special guests of the Council, the follow- ing student representatives of Wynn -Seale Junior High School, and their Assist - and principal, Mrs Pettis, and presented Certificates of Attendance designating them as Honorary Junior City Commissioners: Joe Salinas, President of the Stu' dent Council; Wiley Hudgins; Joe Elizonda; Doris Laughter; Ernie Hernandez; and Ana Trevino. Motion by Roberts, seconded by de Leon and passed that the proposed resolution expressing the gratitude of the citizens to the City Federation of Women's Clubs for the contribution for books for the Parkdale Branch Library be introduced for passage at this times RESOLUTION NO. 6846 EXPRESSING THE GRATITUDE OFTHE CITY MuON ss FOR LT OF THE ElCIT ZENSOOFECORPUS KS CHRISTI TO THE CITY FEDERATION FOR PARKDALE BRANCH LIBRARY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aye". The foregoing resolution was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard., de Leon, Maldonado, Roberts, and young all voting "Aye" City of Corpus Christi, Texas Regular Council Meeting March 20, 1963 Page 2 Copies of the foregoing Resolution were accepted by Mts. J. No Cook, President of the City Weeleration of Women,e Clubs, Mrs., Claude Alphin, Chairman of Projects Committee; and MT'S, Oscar Bocock, Co-chairman; and Mrs. Phyllis Burson, Librarian. mr. John Atkins and 'Lr. J. Bu mis Smith, on behalf of 'bne Travelers In- surance Co.; presented first issue tickets to the New York World's Fair to Mayor McDonald, and commented that the firet 2,000 tickets are being presented in pair to the leaders in the major cities around the country, in accepting the tickets, Mayor McDonald commented that although he would not be Mayor at the time, he would consider that he was still representing the City of Corpus Christi at the Fair. Mr. Dick Webdell, on behalf of the Advertising Club, presented the Council with tickets to the Kick-off Pancake Breakfast on April 1st, at 700 a.m. in Exposition Hall, and commented that the theme for this year's See and Sell Campaign is to be "Stop Wishing and. Start Fishing" and is expected to outdo the success of last year'e campaign. Mayor McDonald called for the City Manager's Reporta. Motion by de Leon, seconded by Roberts and. paeeed that the City Manager's Reports be accepted, and. the recommendations and requests be approved and granted as follows a. Interim Building Permit #62-40, Curtis Kruse, to locate a 10, x 55, metal house trailer for use as a one -family residence and connect to utilities, on Lot 22, Block 3, Village Perk, at 2735 Arthur Street; b. Request of Haas Trucking Co. for a permit under Ordinance #4416 for excavation for building materials on a 40 -acre tract of land on Lots 3 & 4, Sec- tion 19, of the Flour Bluff & Encinal Farm & Garden Tracts, be approved subject to written agreement to the following conditions as recommended by the Zoning & Plan- ning Commission! (1) That the excavation be limited to approximately 27 acres; (2) That the following areas not be excavatedz (a) 300' x 1,320° along Holly Road; (h) A 50' strip adjacent to the boundary around the remainder of the tract; (3) That the excavation not exceed the depth of 221—, below the natural ground level; (4) That surface water be drained away from the excavation by the con- struction of a dike or other suitable facility and that water be kept removed from the excavation at all times; City of Corpus Chrieti, Texas Regular Council Meeting March 20, 1963 Page 3 (5) That the property be suitsfenced and that euoh -precautions be taken as are necessary to keep children and intruders from the excavation; (6) That the 300' x 1,320° strip along Holly Road not be used or zoned for industrial purposes but that this property may be used for office and equip- ment storage as accessory to the excavation operation during such operations; pro- vided that the property be kept clean and orderly asd not used for the etorage of junk and waste materials; (7) That an akcreement be entered into before issuance of the permit be- tween the owner of the property and the City deeding the 30 acres to the City. upon cessation of excavation operations, or should exCavation cease before the 27 acres are excavated, then such portion as may be agreed upon, and that one or more 50° roadeasements be provided across the 300° reserved strip to provide access to the rear 30 acres.. e Interim Building Permit #62-41, Haas Trucking co., to locate a 30° X 100' office and equipment storage on the 300' x 1,320' strip along Holly Road for use in connection with the operation of an excavation pit on Lots 3 & 4, Sec- tion 19, Flour Bluff & Encinal Farm & Garden Tracts, at 6601 Holly Road. subject to a time limit to run concurrently with the excavation permit. City Manager Whitney submitted and explained with diagrams of bypethet- ical cases, the application of an opinion of City Attorney Singer requested by the Council relative to some of the problems and questions of the Council With respect to the invoking of the 20% rule, and the three-fourths rule in consider- ation of zoning applications and recommendations of the Zoning & Plarning Com- mission. During a discussion of the various possible situations and applications of the 20% rule, and of the three-fourths rule in consideration of zoning appli- cations, it was felt that the matter needed clarification at the State level, and it was requested that the Zoning & Planning Depar4ftent contact the Texas Municipal League for information as to the experience of other Texas cities in respect to this subject. ORDINANCE NO. 6847 AUTHORIZING AND DIRECTING 'T47 ClIT MANAGER, TOR AND ON BEHALF OF PRP CITY OF CORPUS CHRISTI, TO EXECUTE A UTILITY EASEMENT TO Tah CENTRAL POWER & LIGHT COMPANY ON A PORTION OF LOT 12, SECTION 14, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AN ADDITION TO THE CITY OF CORPUS CHR:STT, =FOES COUNTY, TEXAS, COPY OF WHICH UTILITY EASEMEMT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCI. The charter rule vas suspended by the following vote; Mayor McDonald, Commissioners Swantner, Bernard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting °Aye'. The foregoing ordinance vas passed by the following vote Mayor McDonald, Commissioners Svantner, Barnard, de Leon, Maldonado, Roberts, and Young all voting "Aye. City of Corpus Christi, Texas Regular Council Meeting March, 20, 1963 Page ORDNANCE NO. 6848 CLOSING THAT ALLEY DESCRIBED AS BEING 20 FEE T IN WIDTH MENDING FROM LESTER STREET TO LEARY STREET, THROUgi BLOCK 3 OF DOSS O'NEAL ADDITION AND BLOCK 1 OF PALM PARK ADDITION, IN TEE CITY OF CORPUS UhbISTI, NUECES count, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Swantrer, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote; Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all voting "Aye". ORDINANCE NO. 6849 REPEALING ORDINANCE NO. 6807, ADOPTEL ON THE 30T8 DAY OF JANUARY, 1963, BY THE CITY COUNCIL, AND IN LIEU THEREOF, AMENDING. THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 2(TH 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 T ANI PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON 1HE 29TH LAY OF MARCH, 1961, ET AMENDING THE ZONING MAP BY CHANGING_ THE ZONING OF ALL OF BLOCK 1, CARMEL VILLAGE, AS SHOWN ON MAP OR PLAT THEREOF, ON FILE IN THE MAP RECCEDS OF NUECES COUNTY, TEXAS, IN VOLUME 26 AT PAGE 33, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO 'Al" APARTMENT HOUSE DISTRICT; KEEPING IN EFT= AIL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEIREWITn; AND DECLARING AN EMERGENCY. The Charter rule was suspende4 by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, maidonado, Roberts, and Young all pres- ent and voting "Aye'. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Svantoer, Barnard, de Leon, Maldonado; Roberts, and Young all voting 'Aye". ORDINANCE NO. 6850 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TB DAY OF AUGUST, 1937, APPEARING OR RECORD IN VOLUNE 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 2111 DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING TIE ZONING OF A PORTION OF LOT A, OUT OF LOT 1, BLOCK 1, BYRON WILLIS SUBDIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; REEFING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AE AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERWITH; AND DECLAR- ING AN EMERGENCY. The Charter rule vas suspended by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting City of Corpus Christi, Texas Regular Council Meeting March 20, 1963 Page 5 The foregoing ordinance vas passed by the following vote Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all voting "Aye" ORDINANCE NO. 6851 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON iaz 27741 DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTUON 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 WV ZONING OF LOTS 1 AND 24 AND THE SOUTH 50 FEET OF LOT 23, BLOCK 8, LEXINGTON ESTATES, FROM "R-2" TWO FAMILY DWELL- ING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, AND CHANGING THE ZONING OF THE SOUTH 50 FEET OF LOT 2, BLOCK 8, LEXINGTON ESTATES, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; MNG IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE As AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. The Charter rule vas suspended by the following votes Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aye". The foregoing ordinance was passed by the following votes Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all voting "Aye". There was a discussion of the understanding of intent and the wording of Section 2 of the proposed ordinance relating to the request of J. Mo Gross for a change of zoning on a portion of Lot 4, First Baptist Church Tract, and the developer's agreement to deed restrict the property to the construction of no more than 36 apartment units in addition to the 48 units in existence. Motion by de Leon, seconded by Swantner and passed unanimously that Section 2 of the foregoing proposed ordinance be amended to provide that the filing of the deed restrictions to be approved by the City Attorney's office be for a period of 25 years. Motion by Svantner, seconded by de Leon and passed unanimously that Section 2 of the foregoing proposed ordinance be further emended to provide that no more thana total of 8k apartment units shall be constructed and used on Lot 4, First Baptist Church Tract, ORDINANCE NO. 6852 AMENDING 743E ZONING ORDINANCE OF THE C1TT 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 PROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0, 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF A. PORTION OF LOT 4, City of Corpus Christi, Texas Regular Council Meeting March 20, 1963 Page 6 FIRST BAPTIST CHURCH TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRTR1r HEREINAFTER, FROM "R -1A" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE 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 by the following vote; Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all pres- ent and voting "Aye". The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts, and Young all voting "Aye". Relative to the pending application of A. C. Gilmore for a change of zoning from "AB" to "B-1" Neighborhood Business District on all of Lots 41 through 48, Block 817, Port Aransas Cliffs, on which public hearing was held March 6, 1963, City Manager Whitney reported that a review by the Zoning & Plan ning Staff of the request of one of the property owners that special considers tion be given Lots 41 and 42 of the application for a special Council permit to allow the operation of a needlecraft center, indicated that the "AB" use for which this property is presently zoned would permit the requested operation subject to all regulations set forth for the "AB" district; pointed out that any sale of materials and equipment must be incidental to the primary use and function for instruction in needlecraft, and to the regulations relative to advertising signs, display, and storage of materials; and that the recommendation of the Zoning & Planning Staff was that no special permit is necessary or desirable, as long as it is definitely established that the primary function is for instruction and that the sale of materials is incidental to the primary use. Roy Box, representing the applicant, urged that the application be ap- proved, and stated that the applicants were willing to have the re -zoning subject to the construction of the restaurant beginning in 4 months, and that he feltthe development was in the public interest based on congratulatory calla received by the La Fonda restaurant owners on the need for this facility in this area. C. B. Caswell, who had opposed the application, urged that the Council take definite action on the matter today. Motion by Swantner, seconded by the Chair that the recommendation of the Zoning & punning Commission be concurred in, and the change of zoning be granted as prayed for. On roll call vote, Mayor McDonald and Commissioner Swantner City of Corpus Christi, Texas Regular Council Meeting March 20, 1963 Page 7 voted "Aye", and Commissioners Barnard, de Leon, Maldonado, Roberts, and Young all voted "Nay', and Mayor McDonald announced the motion had failed. Motion by Barnard, seconded by Maldonado and passed, with Mayor McDonald and Commissioner Swantner voting "Nay", that the change of zoning on Lots 41 through 48, Block 817, Port Aransas Cliffs, be denied. The Reverend Muehlberger asked what was the effect of the ordinance just passed changing the zoning on a portion of Lot A, out of Lot 1, Block 1, Byron Willis Subdivision, and was informed that the applicant had in effect been denied a change of zoning to permit a storage yard operation, but had been granted instead "A-1" zoning for a swimming pool operation. Mayor McDonald invited all the citizens to the Reception for Senator Ralph Yarborough from 4:30 to 6:30 p.m., on Friday, March 22nd, at Exposition Hail. There being no further business to come before the Council, the meet- ing vas adjourned.