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HomeMy WebLinkAboutMinutes City Council - 01/06/1965PRESENT: Mayor James L. Barnard Mayor Pro Tem Jim Young Commissioners: Jack R. Blackmon J. R. de Leon M. P. Maldonado W. J. Roberts W. H. Wallace, Jr. CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 6, 1965 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend John MacKinnon, Pastor of First Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Roberts, seconded by Maldonado and passed that the minutes of the regular meeting of December 30, 1964, be approved as furnished to the Council. Mayor Barnard recognized and welcomed as special guests of the Council, representatives of the Student Council of South Park Junior High School, and their sponsor, Miss Katherine Roberts; and Commissioner Roberts presented Certificates of Attendance designating them as Honorary Junior City Commissioners, to the following: Joe Berlanga; David Lloyd; Paula Ogg; Ralph Westbrook; Eddie Bacak; Bill Roberts; and Lance Newman, Mayor Barnard read proclamations relative to the following: NUECES COUNTY JUNIOR LIVESTOCK SHOW AND SALE WEEK in Corpus Christi, January 10®16, 1965; and AMELIA EAREART DAY in Corpus Christi, Friday, January 8, 1965, in recognition of the international service project of Zonta International Club. Mayor Barnard announced the opening of bids. Bids were opened and read on the construction of Sidewalk Improvements in various areas of the City from the following: South Texas Construction Co.; Belden - fele Brothers; King Construction Co.; and Slovak Brothers, Inc. The foregoing bids were tabled for 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on one 750 GPM, Class A, Tripple Combination Pumper for the Fire Department, from the following: Howe Fire Apparatus Co.; Ward LaFrance Truck Corp.; American LaFrance; Central Fire Truck Corp.; Seagrave Fire Apparatus; International Harvester Co.; and Mack Trucks, Inc. City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 2 The foregoing bids were tabled. for 48 our as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 16 items of Heavy Equipment from the follow- ing: Browning-Ferris Machinery Co.; Cooper Equipment Co.; Contractors Machinery CO.; Closner Equipment Co.; Ingram Equipment Co.; B. D. Holt; Gulf White Truck & Tractor, Inc.; Gulfside Equinment, Sim Dulaney Machinery CO., Inc.; Ralco Equipment Co.; Girard Machinery & Supply Co.; Dulaney Service; International Harvester Sales & Service Co.; Jess MeNeel; Pearce Equipment; Gulf Tractor; Anderson Co.; Roy Closner co.; and Mooney Equipment co. The foregoing bile were tabled far 48 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 6 items of Mowing Equipment from the follow-. big! Catto & Putty; Garden Equinmett Sales; Gravely; Coldtnyaite's; Roseman Mower Corp.; Watson Distributing Co., Inc.; CAdfside Equipment, Inc.; International Har- vester Sales & Service; and village Lawn center. The foregoing bids were tabled for 46 hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Bids were opened and read on 8 items of Special Bodies from the following: Utility Equipment Co.; Pak -Mor Manufacturing Co.; Truckers Equipment, Inc.; Lowe Equipment Co.; McCabe -Powers Body Co.; Girard Machinery & Supply Co.; Commercial Body Corp.; and Hobbs Trailers. The foregoing bids were tabled for 48 hours at required by City Charter, and referred to the City Manager for tabulation and recommendation. The bid of Duncan Parking Meter Corp., the only bid received on single and double type Parking Meters, was opened and. read. The foregoing bid vas tabled for 48 hoar 6 as required by City Chaoter, and referred to the city Manager for tabulation and ref:ommendation„ Mayor Barnard announced the pending item of Application #1064-1, L. S. Stokes, Independent Executor of the P. L. Vawell Estates, for a change of zoning from "R -1B" One-fmnily Dwelling District to "B-1" Neightorhood Business District on a portion of Tract 6, out of Lot 2, Oso Farm Tracts, On which public hearing was held December 9, 1964. City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 3 Motion by Wallace, seconded by Roberts that the change of zoning be denied on the subject property on the grounds that it would constitute spot zoning. Following a brief discussion, on roll call vote, Barnard, Young, Maldonado, Roberts, and Wallace all voted "Aye," and Blackmon and de Leon voted 'Nay." Mayor Barnard declared the motion to deny had carried 5 to 2. Mayor Barnard declared a brief recess for the Staff to set up the equipment used in conducting the public hearings. Mayor Barnard reconvened the meeting, explained the procedure to be followed, and announced the public hearing on Application #1064-3, Socony Mobil Oil Company for a change of zoning from "R-2" Two-family Dwelling District to "B-1" Neighbor- hood Business District on the south 5 feet of Lot 60, all of Lots 61, 62, 63 and 64 and a 70' x 125' tract south of and adjacent to Lot 64 and also adjacent to Minnesota Avenue, Block #812, Port Aransas Cliffs. Tom Lake, Zoning Coordinator, located the property on the map; pointed out the zoning and land use of the area; stated that Mr. P. R. Wilmer, representing the Socony Mobil Oil Company, had appeared in support of the request at the Com- mission hearing, and Mr. T. O. Foster and some twelve persons representing nearby property owners, appeared in opposition; that twenty-two notices were sent out, three replies were received in favor of the request, and twelve against; and that the recommendation of the Zoning & Planning Commission was that the application be denied, but that "AB" Professional Office District be approved, Mr. Lake present- ed and explained the Staff study of the land use and zoning in this area which had been prepared and presented at the Commission's request; and stated that the Plan- ning Staff had been instructed by the Commission to prepare the necessary appli- cation for "AB" Professional Office District on the properties now zoned "R-2" and "A-2" on the east side of Alameda between Minnesota Avenue and Chamberlain Street. P. R. Wilmes, representing Mobil Oil Company, explained the proposed use of the property for a service station, and spoke in support of the request of the basis that it is an ideal location for a service station due to the approximately 20,000 traffic count; that a service station does not generate traffic, but serves the existing traffic; that it will not downgrade the neighborhood as their investment in improvement will exceed $55,000; that the proposed layout to the back of the • City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 4 property will make the corner more exposed thereby giving more visibility for traffic safety; and that they propose to build an 8 -foot solid fence to protect the neighbor- ing residences and give privacy to the residence directly behind the filling station. City Manager Whitney presented nine letters received from residents in the area in opposition to the change of zoning. T. 0. Foster, 3243 Topeka, spoke at length in opposition to the application on the basis of the traffic situation at that corner which requires a policeman at all times and the large number of school children walking and riding bicycles to and from the four schools in this immediate area; that if the zoning protection of the area is taken away, the residents have only their deed restrictions to maintain their residential area; that professional office district zoning on this same prop- erty was denied in March of 1963; that according to statements made at the time by the City Planner, the concept of strip zoning on major streets is outdated and should be discouraged; that Commissioner de Leon stated at that time that heavily travelled streets such as Alameda, attract businesses but that many later learn that such are a mistake; that strip zoning along heavily travelled streets creates an area speed mall; and that there is no adequate provision for off-street parking. The following appeared in support of Mr. Foster's remarks and objections, and opposed both the subject application, and the suggested plan for rezoning all those properties now zoned "R-2" and "A-2" on the east side of Alameda between Minnesota Avenue and Chamberlain Street: Mr. and Mrs. George Broad, 3202 Topeka; Mrs. W. M. Breath, 3133 Topeka; Mrs. D. M. Grant; Mrs. Bill Green, 3149 Topeka; Mrs. Tom Foster; Mrs. Clarence Hertel, 3254 Topeka; Mrs. Marie Lcller, 3251 Topeka; Mrs. L. D. Batson, 3266 Topeka; P. A. Prado, 3206 Topeka; E. H. Glass, 3212 Topeka; Mrs. Robert Ganz; John K. English, 3223 Topeka; Mrs. G. W. Perry, 3257 Topeka; Mrs. Joseph P. McKinney, 3267 Topeka; and Mrs. Edwin Maeckel, 3129 Topeka, Motion by de Leon, seconded by Maldonado and passed that the hearing be closed. Mgtion by de Leon, seconded by Maldonado that the application for change of zoning on the south 5 -feet of Lot 60, all of Lots 61, 62, 63 and 64, and a 70' x 125' tract south of and adjacent to Lot 64 and also adjacent to Minnesota Avenue, Block #812, City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 5 Port Aransas Cliffs, be denied. There followed considerable discussion, and William Anderson, Director of Planning, stated that he would not back down on any of his observations and comments that Mr. Foster had quoted as they are true; that the Staff had recommended against certain properties being zoned "AB" for the reasons mentioned by Mr. Foster, but it was so zoned; that the Staff was concerned because the same purpose is being accom- plished on more than half of the properties in question by special and individual zoning, and pointed out an example of a residence of which approximately 700 square feet is being used as the occupant's doctor's office; and that the Staff feels that a properly designed "AB" District where the Zoning Ordinance requires off-street parking for each individual office, will allow development and eliminate some of the uses not compatible with the residential character of the area, and is the best solu- tion to the existing situation. Voting on the motion to deny the application, Barnard, Young, Blackmon, de Leon, Maldonado, and Roberts all voted "Aye," and Wallace voted 'Nay." Mayor Barnard de- clared the motion to deny had carried. Mayor Barnard announced the public hearing on Application #1164-3, Mrs. Irma Olivarez for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on all of Lot 3, of the replat of the east 180 feet of Lot 13, Block 4, Mahan Acres. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that twenty-seven notices were sent out, and three returns were received in favor of the application, and three against; and that the recommendation of the Zoning & Planning Commission was that the application be denied on the basis that there is no off-street parking available, and the proposed use of the property is not in the best interest of the adjacent properties and the neighborhood. Mrs. Irma Olivarez, applicant, requested a Special Council Permit to operate a beauty shop in her home; explained she had been a beautician for eighteen years and would like to continue her profession and work on the customers she has had for many years and still be able to take care of her five children at home; presented a petition • City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 6 in support of her request signed by neighbors who had previously opposed her appli- cation; presented a plan showing the proposed parking plan and use of a portion of the existing residence for a beauty shop; and stated that she could work on only two customers at a time, that she did not propose to have a sign of any sort on the house or property, and did not plan to alter the home at all. Earnest Olivarez, husband of the applicant, spoke in support of the request for a Special Council Permit on the basis that by continuing her profession, his wife would be able to take care of the family in the event of his illness or death. Oscar Reyna, whose wife is one of Mrs. Olivarez' customers, spoke in support of the request. No one appeared in opposition. Motion by Roberts, seconded by Maldonado and passed that the hearing be closed. Motion by de Leon, seconded by Maldonado and passed that the application for a change of zoning be denied, but that in lieu an ordinance be brought forward granting a Special Council Permit for a beauty shop on all of Lot 3, of the replat of the east 180 feet of Lot 13, Block 4, Mahan Acres, subject to the following con- ditions: (1) Only one operator; (2) No signs; (3) No outside lighting; and (4) Off- street parking facilities as shown on thee plan presented, Mayor Barnard called for the City Manager's Reports. Motion by Wallace, seconded by Young and passed that the City Manager's Reports be accepted, and the recommendations and requests be approved and granted, as follows. a. That the plans and specifications for the installation of Utilities in the Coliseum be approved; and authority to advertise for bids to be received on January 27, 1965, be granted; b. That the specifications for movable partitions for Exposition Hall be approved; and authority to advertise for bids to be received on January 20, 1965, be granted; c. That the request for appropriatin in the sum of $1,029 for acquisition of two tracts of land, designated as Parcel No, 4 and Parcel No. 2, for easements City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 7 for Turkey Creek Interceptor Sewer Line, be granted; d. That the request of Mobil Oil Compamy for a revocable easement for a 10 -3/4 -inch pipeline crossing Acme Road be granted subject to proper restrictions as to depth and casing of line; e. That authority to advertise for bids to be received on January 20, 1965, on Loss -in -Weight Chemical Feeder, be granted; f. That the award of bid on Automotive Equipment be approved on the basis of low bid as follows2 To Lewis Boggue Motors, Inc., for 26 - 8 cyl. Sedans, 2 - 6 cyl. Compact Sedans, 25 Pick-ups, 1 - 1 -ton Truck, 25 -2 -ton Trucks, 2 - 5 -ton Trucks, and 1 - 4 -door, 6 cyl, Station Wagon, for a total of $158,007.53; to Bill Moyer Rambler Company, for 16 - 4 -door Sedans, for $22,974.73; and to International Harvester Company, 1 - 2k -ton Truck, for $2,563.57; for a total award of $183,545.83; (Bid Tabulation #1); g. That the plans and specifications for construction of Unit II of McBride Lane Storm Sewer be approved; and authority to advertise for bids to be received on January 27, 1965, be granted; h. That the date of Wednesday, February 10, 1965, during a special meeting convening at 3 p.m. be set for public hearing on five zoning cases and one Appeal on a Special Use Permit; i. That the date of Thursday, February 4, 1965, at a special meeting con- vening at 7:30 p.m., be set for public hearing on a proposed Zoning Ordinance text change heard by the Zoning & Planning Commission on January 5, 1965; j. That authority to institute condemnation proceedings to acquire approxi- mately 32.04 acres of land owned by V. Hala and wife, Marie Hala, of which approxi- mately 18.5 acres are occupied by an excavation pit ranging in depth from approxi- mately 7 feet to 27 feet, necessary for a fill site for garbage disposal, be granted. Motion by de Leon, seconded by Blackmon that the ordinance amending the City Code relative to Driverless Automobiles, be amended prior to its third reading by substituting the proposed new draft of said ordinance now in the hands of the City Secretary, for the proposed ordinance which was read for the second time and passed City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 8 to its third reading James P. Ryan, Globe Leasing, Inc., on December 16, 1964. attorney representing National Car Rentals, Hertz U -Drive -It, and Ryder Truck Rental, pointed out that under the proposed new draft of the ordinance referred to in the foregoing motion, there is no require- ment for franchise, and no requirement for public hearing to show necessity and con- venience, and felt there was no need for regulating the industry since there have been no complaints concerning the manner in which the industry has been conducted. He pointed out that the truck rental industry has operated in this City for about seventeen years without any regulation, and that there was very little distinction between the automobile rental and the truck rental industries. He suggested that the proposed new draft should repeal all regulations of the industry and require only filing of certificates of insurance in the amounts suggested in the new draft, since as a practical matter, all companies in these industries carry liability in- surance of much higher limits than the State requires. He strongly objected to the requirement that the company make payment for parking and standing violations in- curred by the vehicle users, and to the provision making it a misdemeanor for the company to rent a vehicle on which there is a deliquent parking ticket outstanding, on the basis that the company is not notified on the issuance of such ticket for violation, and has no way of knowing that there is a deliquent ticket, and is there- by being charged with a criminal offense actually committed by others. He further objected to the exclusion of the car dealers and garages under the proposed ordinance, on the basis that they are renting vehicles in much the same manner as the industry. Bill Anderson, representing Lewis Boggus Motors, urged the ordinance be passed as written with the exception of the section with reference to the parking viola- tions, which he felt should make distinction between a ticket incurred by a resident of the City and one incurred by an outsider; and that the exemption from the ordin- ance of car dealers should be allowed to remain since they usually rent to customers while their vehicles are being repaired. Motion by Wallace, seconded by Blackmon and passed that the matter be tabled for further discussion at Work Shop. • City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 9 Morris Starr, of Ryder Truck Rental, commented that his company operates in 196 cities in the United States and that without exception they are subject to no regulation other than in the matter of insurance, which they favor; and that one of their largest sources of truck rentals is dealerships that call on them while their osstomer's truck is being repaired in the dealer's shop. ORDINANCE NO. 7452 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $1,029.00, OF WHICH AMOUNT $525 IS FOR ACQUISITION OF UTILITY EASEMENT OF PARCEL NO. 4 AND $504 IS FOR ACQUISITION OF UTILITY EASEMENT OF PARCEL NO. 2, TURKEY CREEK INTERCEPTOR SEWER LINE, PROJECT N0. 250-64-36.4, IN THE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, all present and voting "Aye." ORDINANCE N0. 7453 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI AREVOCABLE EASEMENT TO MOBIL OIL COMPANY FOR THE INSTALLATION OF A 10-3/4" PIPELINE LASING ACROSS ACME ROAD, 1183 FEET WEST OF THE CENTERLINE OF CORN PRODUCTS ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, all present and voting "Aye." ORDINANCE N0. 7454 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, AS AMENDED, BY AMENDING ARTICLE 29 BY ADDING A NEW SECTION TO SAID ARTICLE TO BE NUMBERED SECTION 29-8, PROVIDING THE BOARD OF ADJUSTMENT SHALL NOT GRANT VARIANCES RELATING TO SIGNS OR OTHER ADVERTISING STRUCTURES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Barnard, Young, de Leon, Roberts and Wallace, all voting "Aye"; Blackmon and Maldonado voting "Nay." Mayor Barnard explained to Mrs. George Farenthold who was present in regard to her inquiry made at the December 23rd meeting, that in response to the Council's request, the City Manager had furnished a list of seventeen existing zoning violations City of Corpus Christi, Texas Regular Council Meeting January 6, 1965 Page 10 in the "B-2" District as prepared by the Inspection Section on which property owners were notified of such violation, but which have apparently been disregarded; and that the City Manager has been instructed to see that proper steps are taken to correct any violations as soon as possible, and in regard to the areas vacant and used as parking, and the 20-foot strip which has not been developed in a parklike manner; and that the City Manager has been instructed to have the Park & Recreation Department develop some plans for practical development of this strip and encourage property owners to follow this plan, and to assist them if required. There being no further business to come before the Council, the meeting was adjourned.