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HomeMy WebLinkAboutMinutes City Council - 03/27/1963wmt4 CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL thJ LINO March 27, 1963 2:00 p.m. PRESENT e Mayor Ben F. McDonald Commissioners. Dr. James L. Barnard City Manager Herbert We Whitney J. Ra de Leon City Attorney Io M. Singer M. P. Maldonado City Secretary T. Ray Kr1ng Jim Young Mayor Ben F. McDonald called the meeting to order. The invocation was given by the Reverend Leroy Russell, Pastor of Oak Park Methodist Church. City Secretary To Ray Kring called the roil of those in attendance. Motion by de Leon, seconded by Young and passed that the absence of Commissioners Tom R. Sxantner and W. J. Roberts be excused for cause. Mayor McDonald asked for a moment's pause in the proceedings in recog- nition of the death of Commissioner Roberts' father at the age of 83, and ex- tended the sympathy of the Council to Mrs Roberts and his family in this loss. Motion by Maldonado, seconded by Young and passed that the minutes of the regular meeting of March 20, 1963, be approved as furnished to the Council. Mayor McDonald read, signed, and presented seven proclamations rela- tive to the following: FUTURE HOMEMAKERS OF AMERICA WEEK, March 31 to April 6, 1963, accepted by the Misses Diana Ryan, Judy Little, and Gayle McBroom; BRAND NAMES WEEK, May 16 through May 26, 1963, honoring Joe J. Salem, who is to be cited on April 9 by Brand Names Foundation in New York City as a Brand Name Retailer -of -the -Year Award Winner, accepted by Mr. Salem; recognizing March 26, 1963, as the 15th Anniversary of the founding of the American O.I. Forum, and honoring DR. HECTOR Pa GARCIA as founder, accepted by Dr, Garcia; PAN AMERICAN DAY, April 14, 1963, and PAN AMERICAN WEEK, April 14 through April 20, 1963, accepted by Mrs. Preston Pittman on behalf of the Pan American Round Table of Corpus Christi; CANCER CONTROL MONTH, April, 1963, accepted by Starr Pope, Jr.; TENNIS DAY, March 30, 1963, in recognition of dual match competition at H. E. Butt Tennis Center on March 30, 1963, when the University of Corpus Christi Tennis Team hosts Trinity University of San Antonio, accepted by Phil Ridgeway, Lloyd Sessions, Larry French, and Jim Davis of the C. C. Tennis Association; and PEST CONTROL WEEK, April 1 through April 7, 1963, accepted by W. D. Beding- field and Mr. Boren on behalf of the Peat Control operators. City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 2 Mayor McDonald presented Certificates of'Honorary Citizenship to the following. Judge Edwin M. Clark of Indiana➢ Pennsylvania, who is visiting Mrs & Mrs. David Nickerson in this City; Miss Judy Levis, and Mrs Jody McCrea, stars of the motion picture "Operation Bikini", who are in the City for the World Premier shoring of the picture. Mayor McDonald introduced his wife who vas present for this meeting which is the last one at which Mayor McDonald will preside, since he will be in Washington, D.C., on Civil Defense business when the newly elected Council takes office at next week's regular meeting,, Joe Salem, Dr. Hector Garcia, Phil Ridgeway, the Reverend Harold Brenda, and William McClendon on behalf of the various civic and religious or- ganizations they represent, congratulated the Mayor and Council on the fine job they have done during the past two years, and particularly expressed their grat- itude for the courage and leadership of Mayor McDonald during his administration which they felt has been greatly instrumental in making Corpus Christi one of the most beautiful and outstanding cities in the country, and that the fruits of his efforts will be realized in the years to come. In acknowledging the foregoing praise and expressions of feeling, Mayor McDonald asked that the minutes reflect the following statements "It is my firm belief that our future lies ahead, not behinds We have just entered over the threshold of greatness with victory in sight provided we are bold enough to seize our opportunities. Two years ago I stood before you and stated we were beginning a new era of service to the people -- a new atti- tude -- a new way of doing things. I told you it would not be easy but to never- theless let the word go out that we were going to try, and that we would expect the utmost in dedication in effort from all City Department Heads and all City employees, that after all they were servants of the people and not the reverse, and don't forget it. We have received that dedicated service and my thanks go out to the City Manager and to each of the City employees who have shown their faith. And to members of the Council -- your sincerity and steadfastness has been tested under fire and you have not been found wanting. You are all now veterans, some even with purple hearts. From a personal basis, I shall always treasure the association which we have had together. Prom the standpoint of City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 3 the public, I do not know how anyone could have worked harder for the common good than have you individually and collectively, and I sincerely commend you. For better or for worse, you have been a history -making Council. The Council which led Corpue Christi when it turned the corner, made its move. These have been two hard, controversial years. On the things of paramount importance, we have always stood shoulder to shoulder and united. Sometimes on other matters we have split our votes, but there has never been any malice or backbiting in our deliberation. We considered, we voted, the majority controlled and then we closed ranks and moved forward without the least i11 feeling and without grudges, completely forgetting our differences. Thus, I hope that the new administration, whoever it is, will have the same privilege I have enjoyed. It is my wish that my successor may lead a united people letting bygones be bygones and the dead past bury its dead. In this way we can make progress as a community." Motion by Barnard, unanimously seconded and unanimously passed, that Mayor McDonald be commended on the leadership he has given to this Council, and to the people of Corpus Christi in the last two years, and that it be acknowledged that every citizen in Corpus Christi owes Mayor McDonald a debt of gratitude and of thanks for his service and for the fine job donee Commissioner de Leon added the comment that Mayor McDonald had been a big mayor, a great leader, and was leaving a pretty big size pair of shoes to be filled, and that the Council wished him all success. Relative to the application of A. C. Gilmore for a change of zoning on all of Lots 41 through 48, Block 817, Port Aransas Cliffe, City Manager Whitney explained that the request for a change of zoning had been denied by the Council on March 20, 1963; that the minutes reflect that the review of the matter by the Zoning & Planning Staff indicated that there was no need for a special Council permit since the existing "AB" zoning on the two lots in question permit the re- quested use by a special Council permit subject to the regulations set forth for the "AB" district; but that the attorney for the owner of the Lots 41 and 42 had requested that he be allowed to present additional clarifying information to the Council with respect to the request for a special Council permit on Lots 41 and 42 of the application, City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 4 ?sires Wade, attorney, explained that the primary function of the needle- craft operation is the sale of supplies and materials, and the needlecraft instruc- tion is incidental, rather than the contraryp that the necessity for a special Council permit was also for the purpose of allowing the display of knitted art- icles behind a plate glass display 'window installed in the front of the existing building, the use of a 3-sq.ft. advertising sign against the building rather than a 1-sq.ft. sign, and an awning over the front door, all of Which are not permitted under "AB'" zoning regulations. During a discussion as to the legality of the Council°s considering the request for a special Council permit under the circumstances, the Chair ruled that the matter vas within the scope of the subject matter of the original appli- cation, but in order to satisfy all possible legal requirements, Mayor McDonald called a Joint Meeting of the City Council and the Zoning & Planning Commission at 'N30 p.m. in the Council Chamber, on April 16, 1963, for the purpose of hold- ing a public hearing on the request for a special Council permit for the opera- tion of a needlecraft center on Lots 41 and 42, Block 817, Port Aransas Cliffe. Mayor McDonald announced the public hearing on the application of Mr. & Mrs. Rusebio Deases, Jr. for change of zoning from "R-2" Two-family Dwelling District to "B-1`° Neighborhood Business District on Lot 11, Block A, Maretta Terrace. William Anderson, Director of Planning, located the property on the map; pointed out the zoning and land use of the area; explained that 26 notices had been mailed out, and that 2 written returns had been received in favor of the application and 1 against; and stated that the recommendation of the Zoning & Planning Commission was that the request for "B-1" Neighborhood Business Dis- trict be denied on the basis that off-street parking would be difficult to pro- vide and approval would constitute an encroachment into a residential area. Eusebio Deases, Jr,, the applicant, spoke in support of his applica- tion on the basis that he has been refused F.H.A. financing to improve the build- ing for residential purposes due to the business use across the street; and that he plans to provide for off-street parking on the 2800, not occupied by the exist- ing building which will serve the business use of the property for a retail store. No one appeared in opposition to the application. Mayor McDonald declared the hearing closed. City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 5 Motion by Barnard, seconded by Maldonado and passed that the matter be taken under advisement. Mayor McDonald announced the public bearing on the application of J. M. Benkendorfer for a change of zoning from "B-5" Primary Business District and "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lot 5, Block 1, Alfred Barthlome°s Acre Tracts. Mr, Anderson located the property on the map; pointed out the zoning and land use of the area; explained. that 19 notices had been mailed out, and that 1 written return had been received in favor of the request, and 11 against; and that the recommendation of the Zoning & Planning Commission was that the re- quest for "I-2" Light Industrial District be denied but that a epecial permit for a bottling plant under Article 25, Section 25-4, Subsection (12) of the Zoning Ordinance be approved subject to the following conditions; (1) That the management comply with all sanitary rules of the City -County Health Department; (2) That the property be maintained in a manner acceptable to the City -County Health Department; and (3) That off-street parking and off-street loading re- quirements be in compliance with the regulations of the "I-2" Light Industrial bistrict, James DeAnda, attorney, representing the applicant, reviewed the history of the subject property now occupied by the Dr. Pepper Bottling Plant, pointed out the existing land uses in the area which he felt were not desirable for residential use of the property; explained that Mr, Ed Notson of San Antonio had recently purchased the bottling company franchise and the purchase of the property was subject to re -zoning the property, and explained the extent and manner of proposed improvements; pointed out that the thing of value In the purchase was the franchise and the location which is ideal for distribution purposes; and urged the granting of the re -coning on the basis that the pro- posed improvements ere in the public interest, will not damage the surrounding property values, and are much more desirable than the continued operation of the bottling plant as a non -conforming use with the existing conditions, Mr. Benkendorfer explained that although Mr. Notson had looked for a larger tract in other areas for the operation of the franchise, he had stopped looking after signing the contract for purchase of the property conditioned on City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 6 the re -zoning, and it was further pointed out that other areas would add an additional $3,000 a month expense in transportation coats. The following spoke in opposition to the request for re -zoning on the basis of no need fcr re -zoning if the property is going to be continued in use as a bottling plant, the traffic congestion and hazard, the proximity to Roy Miller and Driscoll Schools, the residential use of the surrounding area, and the lack of parking facilities o L. A. Felder, 3326 Shell Road; Mrs. A. F. Schroeder, 438 Westgate; Mrs. L. A. Reed, 442 Westgate; and Mrs. Joe W. Johnson, 3305 Up River Road. Mayor McDonald declared a 10 -minute recess, after which the meeting was reconvened. Mr. Anderson located the properties on the map of those opposing the application. Mayor McDonald declared the hearing closed. Motion by de Leon, that the recommendation of the Zoning & Planning Commission be concurred in, and a special permit for a bottling plant be granted subject to the conditions stated in the recommendation of the Zoning & Planning Commission. The motion died. for lack of a second. Motion by Barnard, seconded by Maldonado and panned that the matter be taken under advisement. Commissioner Barnard stated that he felt it was a matter for the full Council to consider, and Mayor McDonald asked to be recorded as not voting, Mr. DeAnda requested that a special meeting be called to decide the matter, and Mayor McDonald answered that if this vas done there would be notice in the press, but that it might not be possible to arrange for a meeting of the full Council. Mayor McDonald announced the public hearing on the application of Ira E. Hayley, H. G. Marston and Arthur Marston for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on TRACT I - a 935° x 382° tract of land cut of the P. Hinojosa Survey No. 422, Abstract No. 850; and a e•hwnge of zoning from "R -1B°" One -family Dwelling District to "AB" Pro- fessional Office District on TRACT II - 2 320° x 177.5° tract of land out of the P. Hinojosa Survey No. 422, Abstract No. 850. City of Corpus Christi, Teas Regular Council Meeting March 27, 1963 Page 7 Mr, Anderson located the property on the map; pointed out the land use of the area; explained that the applicant was asking for permanent zoning in this newly annexed area at this time in order to expand the existing Westwood Shopping Center which has been in operation for some time; that 22 written notices had been mailed out, 3 returns received in favor of the request, and 1 against; that the recommendation of the Zoning & Planning Commission was that the request for "B-1" Neighborhood Business District on TRACT I and "AB" Pro- fessional Office District on TRACT I1 be approved subject to a satisfactory solution of disposal of waste water from the shopping center washateria and approval of the City -County Health Department; and added that it was his under- standing that the satisfactory arrangement for the disposal of the waste water has not yet been worked out. Answering a question of the Council, City Attorney Singer stated that it was his interpretation that until permanently zoned, only a special permit can be granted in the newly annexed area, which is interim zoning; however, following discussion, Mayor McDonald ruled that it was a matter of policy and that the Council was in order to grant permanent zoning before the adoption of the master plan zoning for the newly annexed area on the basis that not to do so could work a hardship, Morris Le Levy, architect representing the applicants, explained that the 8 original tenants of the shopping center are still in operation; that ten- ants have been secured for the proposed enlargement; that the urgency for per- manent zoning is due to the fact that one of the new lessees hu purchased approx- imately $17,000 worth of fixtures which his clients will have to buy if they do not provide the building fairly soon; and that engineers are in the process of preparing for the disposal of the waste water from the washateria in accordance with the suggestions of the Health Department, and explained the method that is proposed to separate the lint from the clear water, Clarence David, 133 Wildwood Drive, objected to any change in zoning until the existing problems of the satisfactory disposal of the waste water from the washateria and the proper disposal of the raw sewage from the apartment area which is presently being dumped into Turkey Creek are solved. Ira E. Hayley, applicant, urged the granting of the re -zoning at this time on the basis that utilities for the new construction and Certificates of City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 8 Occupancy could not be obtained until the foregoing problems were solved to the satisfaction of the City -County Health Department. Mayor McDonald declared the hearing closed. Motion by Barnard., seconded by Maldonado that the recommendation of the Zoning & Planning Commission be concurred in, and the zoning on TRACT I of the application be approved for "B-1" Neighborhood Business District and on• TRACT II be approved for "AB" Professional Office District subject to a satisfactory solu- tion of disposal of waste water from the shopping center washateria and approval of the City -County Health Department. During a discussion of the motion, Mr. Anderson stated that the zoning requested appeared to be logical; City Manager Whitney pointed out that the prob- lem seemed to be that the applicants have not satisfactorily solved the matter in the past; Mayor McDonald stated that he felt zoning should not be tagged with law enforcement; and Commissioner de Leon stated that this Council had granted zoning in the past subject to conditions for the protection of the neighborhood, and that he felt this condition vas reasonable assurance that the health of the neighborhood would be protected. On roll call vote, Mayor McDonald voted "Nay", Commissioners Barnard, de Leon, Maldonado, and young all voted "Aye", with Commissioners 3vantner and Roberts absent. Mayor McDonald declared the motion had carried. Mayor McDonald announced the public hearing on the application of Arturo Mendoza for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot 17, Block 6, El Rey Addition. Mr. Anderson located the property on the map; pointed out the land use in the area; explained the applicant desired to convert the existing building for a body repair and paint shop for cars; that there were 39 notices mailed out, 3 written returns received in favor of the request, and none against; and that the recommendation of the Zoning & Planning Commission was that the request for "B-4" General Business District be approved.. He added that the existing building had been operated as a tavern; that he felt the neighbors preferred the proposed use rather than another tavern; and that the granting of the re- quest would be spot -zoning unless it could be construed to be an extension of the "B -l" toning across the street. City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 9 Arturo Mendoza, applicant, explained the building which had been used for a lounge had been vacant for some time, that none of the neighbors next to the property objected to the proposed use, that there was a garage and a mechan- ic shop in the immediate vicinity, that this shop was his only source of income and that there vas very little remodeling to do in order to start his operation, and urged that the zoning be granted as soon as possible. No one else appeared to be heard. Mayor McDonald declared the hearing closed. Motion by Maldonado, seconded by Barnard and passed that the matter be taken under advisement for further study. Mayor McDonald called for the City Manager's' Reports. Motion by the Chair, unanimously passed, that the City Manager's Reports be accepted and approved, as follows: a. That the usual requirement for street improvements under the voluntary assessment program be waived so as to include the improvement of the one block of Palm Drive from Lipan to Comanche in the paving project of Comanche Street from Palm to Port; b. That an extension of 20 working days for time of completion be granted to Gulf Salvage & gine Diving Co. for replacement of piling at the C. C. Marina, due to delays in receipt of materials; c. That Change Order #6 in the amount of $1261.00, to Bur -Tex Con- structors in connection with the contract for the Holly Road Pumping Plant, be approved; d. That replacement Judges and substitute voting places in connection with the April 2, 1963, election, be approved as follows: As replacement Judges - Mrs. Oscar E. Davis, Mrs. E. R. Whitmire, Mrs. W. D. Johnson, Mrs. Ivan H. Spoor, and Mrs. J. W. Marshall; as substitute voting places - Church of Christ Educa- tion Building, Lamar School, Chula Vista School, Vacant building at 4239 Angela, and Covenant Presbyterian Church Education Building; e. That the date of April 10, 1963, during the regular meeting, be set for public hearing on the appeal of Mrs. Beulah Wilkey Sorrels regarding dedication of right-of-way on Airline Road; City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 10 f. That authority to advertise for bids to be received on April 10, 1963, on estimated 12 -months" supplies of Commercial Fertilizer, Weld Fittings & Flanges, Oil & Fuel Filters, and Portland Cement, be granted. ORDINANCE N0. 6853 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING PORTIONS OF SECTION 21-68, AS AMENDED, SO AS TO FIX SPEED LIMITS ON PORTIONS OF U. S. 77, STATE HIGHWAY 9, AND VARIOUS OTHER STREETS WITHIN THE CITY LIMITS OF TBE CITY OF CORPUS CHRISTI, TEXAS, STATE HIGMY 44, ALL AS SET OUT HEREINAFTER; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: Mayor McDonald, Ccmnissioners Barnard, de Leon, Maldonado, and Young all present and voting "Aye", and Commissioners Swantner and Roberts absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, and Young all voting "Aye", and Commissioners Swantner and Roberts absent. ORDINANCE N0. 6854 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED 07 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. 61 PABA AND APPROVED OS THE 291E DAY OF MARCH 1961, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF THE HOLLY ROAD IN- DUSTRIAL SUBDIVISION) AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY MAP OR PLAT THEREOF, RECORDED IN VOLUME 26, PAGE 43, OF THE HUECES COUNTY MAP RECORDS, UNDER DATE OF MARCH 21, 1963, BEING A REPLAY OF A 3 -ACRE TRACT OUT OF LOT 5, SECTION 4, BOHEMIAN COLONY LANDS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL 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, and Young all present and voting "Aye", and Commissioners Swantner and Roberts absent. The foregoing ordinance was passed by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, and Young all voting "Aye", and Commissioners Swantner and Roberts absent. ORDINANCE NO. 6855 CREATING AND ESTABLISHING A MUNICIPAL CIVIL DEFENSE AND DISASTER RELIEF ORGANI- ZATION FOR THE CITY OF CORPUS CHRISTI IOU DESIGNATED AS THE CIVIL DEFENSE AND DISASTER DIVISION OF THE CITY OF CORPUS F RISTI; SETTING FORTH THE POWERS, DUTIES AND ACTIVITIES TO BE CONDUCTED UNDER SVCS ORGANIZATIONAND THE OFFICERS THEREOF, PROVIDING GENERAL EMERGENCY POWERS OF THE OFFICERS -•QF THE ORGANIZATION AND SPECI- FYING A CHAIN OF COMMAND; MAKING VIOLATIONS A MANOR PUNISHABLE BY A FINE NOT EXCEEDING TWO HUNDRED DOLLS (;200.00); PROVIDING FORPUBLICATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE IN LIEU OF ORDIN- ANCE N0. 6292, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Regular Council Meeting March 27, 1963 Page 11 The Charter rule was suspended by the following vote: Mayor McDonald, Commissioners Barnard, de Leon, Maldonado, and Young all present and voting "Aye", and Commissioners Swantner and Roberts absent. The foregoing ordinance Was passed by the following vote: Me.yor McDonald, Commissioners Barnard, de Leon, Maldonado, and Young all voting "Aye", and Commissioners Swantner and Roberts absent. Mayor McDonald reported that the Metropolitan Council had this week had a very successful conclave with about forty-four persons representing twenty- five or thirty governmental agencies in attendance, and that it vas felt the meeting had resulted in a lot of good understanding. There being no further business to cone before the Council, the meet- ing vas adjourned.