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HomeMy WebLinkAboutMinutes City Council - 01/29/1964PRESENT: Mayor James L. Barnard Commissioners: Jim Young Jack R. Blackmon J. R. de Leon M. P. Maldonado W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 29, 1964 2:00 p.m. City Manager Herbert W. Whitney Ass't City Att'y Wayland Pilcher City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by Commissioner de Leon in the absence of a guest chaplain. City Secretary T. Ray Kring called thee roll of those in attendance. Motion by Maldonado, seconded by de Leon and passed that the minutes of the regular meeting of January 22, 1964, at 2 p.m., and of the special meet- ing of the same day at 4 p.m., be approved as furnished to the Council. Motion by de Leon, seconded by Maldonado and passed that the absence of Commissioner W. J. Roberts be excused for cause. Mayor Barnard read a proclamation designating the week of February 2, through 8, 1964, as CHILDREN'S DENTAL HEALTH WEEK in Corpus Christi, and urging all citizens and community organizations to join in the observance. The proc- lamation was accepted by Dr. W. L. Ward, Mayor Barnard welcomed as special guests of the Council, student repre- sentatives of Incarnate Word Academy, and their sponsor, Sister Ruth Janescek, and Commissioner deLeon presented Certificates of Attendance to the following, desig- nating them as Honorary Junior City Commissioners: Nora Garcia; Mary Ester Martinez; Sharon Baughman; Colleen McHugh; Linda Sullivan; and Catherine Tissot- Fabre. Mayor Barnard announced the opening of bids. City Manager Whitney reported that no bids had been received on the Installation of New Piling at the Corpus Christi Marina, and that he would have a request to submit in his Reports with respect to this item. Bids were opened and read on 2,000 gals. of White, and 1,500 gals. of Yellow Traffic Marking Paint from the following° Kuhn Paint Co.; Roach Paint Co.; Cook Paint & Varnish Co.; Briner Paint Mfg. Co., Inc.; C.C. Brick & Lumber Co.; • City of Corpus Christi, Texas Regular Council Meeting January 29, 1964 Page 2 • De Soto Chemical Coatings; Ashmore Paint Co.; The Glidden Co.; W. R. Grace & Co.; and Zarsky Lumber Co. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 11 items of Heavy Equipment from the following: Contractors Machinery Co.; International Harvester Sales & Service; Girard Machinery Co.; Oso Farm Equipment Co.; J & H Implement Co.; Crowe Tractor Co.; Gulf Tractor Co.; Holder Equipment Co.; Pearce Equipment Co.; B. D. Holt Co.; Ambrose Equipment Co.; Anderson Machinery; Jess McNeel; Mooney; and Roy Klossner. The foregoing bids were tabled for 48 hours as required by the City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Barnard announced the reopening of the recessed public hearing held during the regular meeting on January 22, 1964, on the application for the closing of that portion of First Street between Aberdeen Avenue and the south line of the Seaside Camp Meeting Grounds, which had been recessed for the purpose of hearing from the applicant who had been out of town and unable to be present. Robert P. Wallace, applicant, explained that the purpose of the appli- cation was to clear up the title to his property; that since the application was filed there has been evidence that the closing of the street was done by the County in 1937; that conference with the City Secretary indicated the desirability of pursuing the application in order to have such closing on file so the title companies would have this information readily available; and requested that the action taken by the Council for the closing of this street state that there is no conflict with the previous action by the County in this matter. Dave Coover, attorney representing Morris Lichtenstein and Cecil Burnett, stated that he had no objection to the City taking formal action in the closing of First Street provided it was stated thatthere was no prejudice to the previous closing by the County in 1937 and the established ownership of his clients, and no indication that his clients recognize First Street as being open, Motion by Blackmon, seconded by de Leon and passed that the hearing be closed. • - • City of Corpus Christi, Texas Regular Council Meeting January 39, 1964 Page 3 Motion by Blackmon, seconded by de Leon and passed that an appropriate ordinance be brought forward for the Council's consideration for the closing of that portion of First Street between Aberdeen Avenue and the south line of the Seaside Camp Meeting Grounds reflecting the evidence submitted. Mayor Barnard announced the public hearing on the application for abandon- ment of 5' of right of way on each side of Bowie Street and Bonham Street between Sokol Drive and Sacky Drive. City Manager Whitney located the area of request on a site map; explained that this being a strictly residential development, there is no need for a wider street; that the Public Works Department's design for the recent improvements on these two streets was made with the proposed abandonment in mind; and recommended the abandonment be approved. No one appeared in connection with this application. Motion by Young, seconded by Blackmon and passed that the hearing be closed. Motion by Young, seconded by Wallace and passed that the abandonment of 5' of right of way on each side of Bowie Street and on Bonham Street between Sokol Drive and Sacky Drive, so as to retain a 50' right of way and a 10' radius at each corner, be approved. Mayor Barnard announced the public hearing on the application of Joe Solis for a change of zoning from "R -1B" One -family Dwelling District to "AB" Pro- fessional Office District, on all of Lot 17, Block 3, John Jones Addition, being on the southwest right of way line of Bernandino Street near Shaw Street, Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that the applicant appeared in sup- port of his request at the Commission hearing; that 39 notices were mailed out, 4 returns were received in favor of the request, and 2 against, and there has been no contact since that time; and that the recommendation of the Zoning & Planning Commission was that the application be denied on the basis that approval would constitute spot zoning, and the proposed use would be an infringement of business into a residential area and would tend to deteriorate the residential character of the neighborhood, • City of Corpus Christi, Texas Regular Council Meeting January 29, 1964 Page 4 Tony Bonilla, attorney representing the applicant, presented and read a petition of approximately 47 signatures of property owners and residents in the John Jones Addition, in favor of the request; and spoke in support of the application on the basis that the proposed use of one room of the residence for a beauty shop operated by Mrs. Solis is needed in the area and will benefit the area, and that there is no need for off-street parking as most of the customers live in the immediate vicinity and would walk to the beauty shop, and there are no plans for any signs. Mr. Bonilla stated that if the Council would tell him the correct wording, he would like to amend the application now for the record to request a special permit to allow this use of the property. Mayor Barnard advised him that a special use permit cannot be applied for, but can be granted by the Council in lieu of requested zoning if it is determined to be in the public interest. City Manager Whitney reported and presented 12 written returns received by the City Secretary in favor of the application, and 2 against. In answer to questions from the Council, Mr. Bonilla stated that the pro- posed use of the property does not entail any new construction in the home, does not need any outdoor sign, and does not need any off-street parking. No one else appeared in connection with this application. In answer to Mayor Barnard's question as to spot zoning, Assistant City Attorney Pilcher stated that he believes the granting of the request would constitute spot zoning, and that since a special permit, by the terms of the ordinance, con- stitutes a re -zoning, the spot zoning would apply also to the granting of a special use permit. Motion by Blackmon, seconded by Young and passed that the hearing be closed. Motion by Blackmon, seconded by de Leon that the application be denied, but that in lieu a special use permit be granted for the operation of a beauty shop, subject to the conditions that no outdoor signs be allowed, and that the off-street parking requirement be waived. Commissioner Wallace stated that although he was sympathetic with the applicant,since it is so definitely spot zoning with no business even approaching • City of Corpus Christi, Texas Regular Council Meeting January 29, 1964 Page 5 the area, he was inclined to concur with the Zoning & Planning Commission and deny the application. Commissioner de Leon felt that the proposed use of the property was not detrimental to the neighborhood; that the granting of a number of recent special permits by the Council has had the same effect; and that the Council has no basis to deny a special permit in this instance. Commissioner Blackmon felt that since the appearance of the subject property would not be altered in any way, and the proposed use of the property was not objected to by anyone living in the area, and the permit would expire if the property changed hands, that the special permit should be granted. Voting on the question, Commissioners Blackmon and de Leon voted "Aye", and Commissioners Young, Maldonado, and Wallace voted "Nay", and Mayor Barnard announced that the motion had failed and the special use permit was not granted. (See motion later in Meeting) Mayor Barnard announced the public hearing on the application of John K. English for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District, on all of Lot 7, Block 2, South Aires Addition, being on southwest right of way line of Etring Avenue near Chapman Ranch Road, Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant's attorney had appeared at the Com- mission hearing, and no one appeared in opposition; that 7 notices were sent out, 3 returns received in favor of the request, and none against; and that the recom- mendation of the Zoning & Planning Commission was that the request be approved, Faires Wade, attorney for the applicant, pointed out the various sur- rounding industrial uses in the area; that the applicant is in the insulating business; proposes to build a 60' x 30' steel frame, fireproof building for use as a warehouse for storage of his materials, tools, and supplies to be taken by trucks to his several subcontracted jobs; and urged that the zoning be granted on the 'basis that it is a compatible use in the area and a proper grant of industrial zoning. No one else appeared in connection with this application. Motion by Wallace, seconded by Maldonado and passed that the hearing be closed, and the recommendation of the Zoning & Planning Commission be concurred City of Corpus Christi, Texas Regular Council Meeting January 29, 1964 Page 6 in, and the change of zoning from "R -1B" to "I-2" Light Industrial District, on all of Lot 7, Block 2, South Aires Addition, be granted. City Manager Whitney advised the Council that the City Secretary had just informed him that with respect to the previous zoning application, the motion to deny the change of zoning and in lieu grant a special use permit was defeated, and therefore there has been no positive disposition of the application. Mayor Barnard called for another motion with respect to disposition of Mr. Solis' application. Motion by Young, seconded by Wallace and passed with Mayor Barnard, Com- missioners Young, de Leon, Maldonado, and Wallace voting "Aye", and Commissioners Blackmon and de Leon voting "Nay", that the application of Joe Solis for a change of zoning from "R -1B" to "AB" Professional Office District on Lot 17, Block 3, John Jones Addition, be denied. City Manager Whitney introduced two distinguished visitors in the audience: Dr. Hector Artilio Pujol, of Venzuela, Executive Director of the Public Administra- tion Commission, and Professor of Personnel Administration & Industrial Relations, School of Economics, Central University, Caracas, Venezuela, who is a participant in the Foreign Leader Program of the U.S. Department of State, and his interpreter, Mr. Bernard Packer, with the U.S. State Department. Mayor Barnard welcomed the two visitors, and presented to Dr. Pujol a symbolic Key of Opportunity to the City of Corpus Christi as a memento of his visit and of the warmth of welcome, and of welcome, and offered him any assistance he might need to observe the facilities of the City that are of interest to him. Through his interpreter, Dr. Pujol congratulated the Council on the fact that the Federal Government selected Corpus Christi especially for him to see a model municipal government in action as far as organization and administration, and thanked the Council for the courtesies extended to him, Mayor Barnard called for the City Manager's Reports. Motion by de Leon, seconded by Young and passed, with Commissioner Wallace voting "Nay" on Item "i" with respect to additional clerical assistance in the Mental Health Division of the Department of Health & Welfare, that the City Manager's Reports • • City of Corpus Christi, Texas Regular Council Meeting January 29, 1964 Page 7 be accepted, and the recommendations and requests be approved and granted, as follows: a. That approval of the purchase of a Lift Station Site for the Staples Relief Main be deferred for one week in order to allow an opportunity to investigate the particulars of an offer received just before noon today that may prove more advantageous to the City; b. That the award of contract for the H.E. Butt Swimming Pool Repairs be made on the basis of low bid to King Construction Company in the amount of $2,020.00; c. That the recommendation of the State Highway Department, concurred in by the Traffic Safety Advisory Board, for the revision of speed limits on Nueces Bay Causeway based on the 85% average speed of vehicles presently using the Cause- way, be approved, and the speed limits from the north City Limits to a point 9,900 feet south of the north City Limits on U.S. Highway 181 be established at 60 MPH maximum and 45 MPH minimum; d. That the application of Bell and Dansfiell for a Drilling Permit to drill a well in search of oil and gas either the City Limits in the east one-half of the west one-half of Farm Block 7, J.C. Russell Farm Blocks, be approved as sub- mitted subject to submission of a copy of Permit to Drill of the Railroad Commission; e. That request for authority to advertise for bids to be received on February 19, 1964, on 5 items of Mowing Equipment, be granted; f. That the date of February 26, 1964, during the regular meeting, be set for public hearing on the zoning applications of Carroll Jones Company by Phil Jones), and of Elbert S. Cox; g. That the date of February 12, 1964, during the regular meeting, be set for public hearings on two applications for street closings, as follows: Clos- ing of portions of Chppewa, Eleanor, and Elesa Streets; and on closing of an alley in Water Block 3 of Beach Portion; h. That the application of Mr. 'Crag for permission to paint house numbers on curbs in front of houses be denied since the applicant has stated he finds it impractical to comply with the Council's requirement that the permission of the homeowner be obtained prior to any painting; • City of Corpus Christi, Texas Regular Council Meeting January 29, 1964 Page 8 i. That the request of the Director of Public Health & Welfare for one additional Stenographer, Grade 2, for the Mental Health Division in connection with Parent Child Guidance Center for the balance of the fiscal year at a total cost of $1,596.00, be approved; (Commissioner Wallace voted "Nay" on this item only, as noted in the motion); j. That authority to re -advertise for bids to be received on February 19th on the installation of new piling for the C.C. Marina be granted since no bids were received for opening today. QRDINANCE NO. 7135 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUCTION CON- SISTING OF REPAIRS TO THE H. E. BUTT SWIMMING POOL; APPROPRIATING AND REAPPROPRIAT- ING OUT OF PARK AND RECREATION DEPARTMENT CONSTRUCTION FUNDS CURRENTLY BUDGETED IN ACTIVITY N0. 4134 CODE 345, THE SUM OF $2045,00 OF WHICH $2020.00 IS FOR THE CONSTRUCTION CONTRACT, AND $25.00 IS FOR LEGAL ADVERTISING; AND DECLARING AN EMERGENCY, The Charter rule was suspended by the following vote; Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts absent. The foregoing ordinance was passed by the following votes Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts absent. ORDINANCE NO. 7136 AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6015, PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 21, 1960, BY AMENDING ITEM 2 PERTAINING TO SPEED LIMITS ON U. S. HIGHWAY 181 - NORTH- BOUND AND SOUTHBOUND, SO AS TO INCREASE THE SPEED LIMITS FROM THE NORTH CITY LIMITS TO A POINT 9900 FEET SOUTH OF THE NORTH CITY LIMITS ON SAID U. S. HIGHWAY 181 TO A MAXIMUM OF 60 M.P.H. AND MAINTAINING THE SPEED LIMIT OF 45.M.P,M, AS MINIMUM SPEED; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND DECLARING AN EMERGENCY, The Charter rule was suspended by the following vote Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye; Commissioner Roberts absent. The foregoing ordinance was passed by the following votes Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts absents City Manager Whitney reported that the City Attorney has advised that • City of Corpus Christi, Texas Regular Council Meeting January 29, 1964 Page 9 since the State Statutes supercede any City Ordinances, he recommends that the section of the City Code that now provides for an annual fee of $25.00 per chair for each chair located in a barber college be repealed to conform with the State Statutes; and presented and read the proposed ordinance reflecting this, There followed a discussion of the need for City inspection or supervision of barber colleges, and it was felt that the entire ordinance with respect to barber colleges should be studied to see if there is any longer a need for such ordinance. FIRST READING OF AN ORDINAKCE REPEALING SECTION 8-10 OF THE CORPUS CHRISTI CITY CODE, 1958, BEING PART OF SECTION 3 OF ORDINANCE NO. 2612 ORIGINALLY ADOPTED BY THE CITY COUNCIL ON OCTOBER 25, 1949, SO AS TO NO LONGER REQUIRE AN ANNUAL FEE OF $25.00 FOR EACH BARBER CHAIR LOCATED IN BARBER COLLEGE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Mayor Barnard, Commissioners Young, Blackmon, de Leon, Maldonado and Wallace, present and voting "Aye"; Commissioner Roberts absent. No one appeared in response to Mayor Barnard's invitation for any one in the audience with petitions or information for the Council on matters not scheduled on the agenda to come forward and be heard. Mayor Barnard called for a motion to recess the meeting. Motion by Wallace, seconded by Blackmon and passed that the meeting be recessed. The meeting was re -convened at 4:50 p.m., January 29, 1964. No business was transacted. Motion by de Leon, seconded by Young and passed that the meeting be adjourned.