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HomeMy WebLinkAboutMinutes City Council - 03/24/1965PRESENT; 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. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 24, 1965 2:00 p.m. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Krieg Mayor James L. Barnard called the meeting to order. The Invocation was given by the Reverend John McCoy, Pastor of Ayers Street Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Maldonado, seconded by Roberts and passed that the minutes of the regular meeting of March 17, 1965, be approved as furnished to the Council. Mayor Barnard recognized and welcomed as special guests of the Council, representatives of the Student Council of Del Mar College; and Commissioner Roberts presented Certificates of Attendance, designating them as Honorary Junior City Commissioners, to the following; Clark Williams, Claudia Neely, Joleene Mattox, Jerry Miller, Lee Ann Loving, and Dee Dee Blackmon. Mayor Barnard read a proclamation proclaiming the week of March 28, 1965, as LOLA FORRESTER FLOWER SHOW DAYS in Corpus Christi; accepted by Mrs. John Pichinson, on behalf of the Corpus Christi Council of Carden Clubs. Mayor Barnard, with the consent of the Council, called from the table the application of Bell & Dansfiell for a permit to drill Well No. 1, Baldwin Farms, out of Block 20, J. C. Russell Farm Blocks, Nueces County, which had been tabled from the regular meeting of March 17th. City Manager Whitney informed the Council that the applicant now wishes to withdraw the application. Motioi by Roberts, seconded by Blackmon and passed that the applicant be allowed to withdraw his request for permit to drill Well No. 1, Baldwin Farms, out Of Block 20, J. C. Russell Farm Blocks, Nueces County. Mayor Barnard called for the City Manager's Reports. Motion by Roberts, seconded by Maldonado and passed that the City mana- ger's ana-gers Reports be accepted, and the recommendations and requests be approved and granted, as follows; City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 2 a. That the date of April 21, 1965, during the regular meeting, be set for public hearing on the adoption of the proposed Transportation Plan; b. That a proposed ordinance, deleting Subsection 2101.11 under Article II of the Building Code, paragraph 19, and adding to the City Code under Division 5, Parking Meters, a new section relating to the charge and procedure for use of park- ing meter spaces during building construction or repair, be approved im order to clarify and simplify the charges and procedure; c. That the request of $3.99 Economy Car Rentals of Corpus Christi, Inc. that they be allowed to terminate their franchise to operate a driverless automo- bile business and in the future to operate under the existing ordinance covering driverless automobiles, be granted; d. That the request of Ray Peterson, owner, for the modification of the deed restrictions placed on Woodlawn Plaza Shopping Center in order to permit the sale and consumption of beer or wine in a restaurant or cafe located on the prem- ises, be granted to the specific extent that such sale and consumption of such beverages is in connection with the sale and consumption of food on the premises; e. That the date of April 14, 1965, during the regular meeting, be set for public hearing on the application of Sea Dollar, Inc. and Sea Lands, Inc. for change of zoning on a 29 -acre tract out of Lots 17 and 18, Section 2, Flour Bluff and Encinal Farm and Garden Tracts; f. That the date of March 31, 1965, during the regular meeting, be set for public hearing on the application of Bell & Dansfiell for permit to drill and operate a well upon Corpus Christi Drilling Block No. 450, upon lands owned by Baldwin Farms, et al, out of Block 20, J. C. Russell Farm Blocks, Nueces County; g. That public hearing be held at this meeting on the application of W. B. Dansfiell for permit to drill and operate Well No. 1, Unit "C," Edwin F. Plato Lease, in City Drilling Block No. 491, in the south one-half of Lot 1, Block 5, J. C. Russell Farm Blocks; h. That the application of Atlantic Refining Company for permit to operate Well No, 8, Rand Morgan Lease, Saxet Field, Nueces County, which is a re- work of an existing well proposed to be cleaned out to original or lesser depth, and for which all of the required documents, including plat showing the location City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 3 of the well and Railroad Commission permit, have been submitted and appear to be in order, be approved. Mayor Barnard, with the consent of the Council, called the public hearing on the application of W. B. Dansfiell for permit to drill and operate Well No. 1, Unit "C," Edwin F. Flato Lease, in City Drilling Block No. 491, in the south one- half of Lot 1, Block 5, J. C. Russell Farm Blocks. City Manager Whitney presented the plat showing the proposed location of the well as being generally south of the Tex-Mex Railroad and Highway 44 and west of Flato Road; explained that the applicant was requesting variances to allow the proposed depth of 10,600 feet; to allow the use of earthen, slush, mud or reserve pits; to allow the casing program proposed, and the depth and cementing of casing as set out in the application; and to not require the well and service facilities to be enclosed; and pointed out that the proposed location of the well does not conflict with the terms of the ordinance permitting these variances, and that all of the required documents have been submitted and appear to be in order; and recom- mended that the application be approved. John Brooke, attorney representing the applicant, stated that the appli- cant is asking for a variance to drill below the 10,000 feet, and has complied with the exception provision in the ordinance. No one else appeared in connection with the application. Motion by de Leon, seconded by Maldonado and passed that the hearing be closed. Motion by Roberts, seconded by de Leon and passed that the application of W. B. Dansfiell for permit to drill and operate Well No. 1, Unit "C," Edwin F. Flato Lease, in City Drilling Block No. 491, in the south one-half of Lot 1, Block 5, J. C. Russell Farm Blocks, be granted as applied for. • • City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 4 THIRD READING OF AN ORDINANCE: ORDINANCE NO. 7524 AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY STREETS PROVISIONS FOR NORTH FRONTAGE STREET ( INTERSTATE 37) FROM UP RIVER ROAD TO McBRIDE LANE, SOUTH FRONTAGE STREET (INTERSTATE 37 FROM LANTANA STREET AND CONTINUING AROUND A CURVE TO THE RIGHT ON AND ALONG WEST FRONTAGE ROAD OF STATE HIGHWAY 358, AND EAST FRONTAGE ROAD OF STATE HIGHWAY 358 NORTH AROUND A CURVE TO THE EAST AND THENCE EAST ON SOUTH FRONTAGE ROAD OF INTERSTATE 37 TO UP RIVER ROAD; AMENDING SECTION 21-97 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO REQUIRE PARALLEL PARKING ON THE NORTH SIDE OF THE NORTH FRONTAGE ROAD FROM UP RIVER ROAD TO LANTANA STREET; AND BEGINNING ON THE SOUTH FRONTAGE ROAD OF INTERSTATE 37 AT THE EAST BOUNDARY OF LANTANA STREET, THENCE TO THE RIGHT TO EAST AND SOUTH AROUND THE CURVE AND CONTINUING ON SOUTH ALONG THE WEST FRONTAGE ROAD OF STATE HIGHWAY 358; AND BEGINNING ON THE EAST FRONTAGE ROAD OF STATE HIGHWAY 358 AT THE NORTH BOUNDARY OF LEOPARD STREET AND CONTINUING NORTH AND AROUND CURVE TO THE RIGHT AND EAST TO SOUTH FRONTAGE ROAD OF INTERSTATE 37 AND THEN ON SAID SOUTH FRONTAGE ROAD (INTERSTATE 37) EAST TO THE EAST BOUNDARY OF UP RIVER ROAD; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." ORDINANCE NO. 7525 AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND BRANIFF INTERNATIONAL AIRWAYS, INC., COVERING FUEL STORAGE AT THE CORPUS CHRISTI MUNICIPAL AIRPORT SITE, WHICH AREA IS MORE FULLY DESCRIBED HEREINAFTER, A COPY OF SAID ASSIGNMENT AGREEMENT BEING 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, present and voting "Aye." ORDINANCE NO. 7526 AMENDING AN ORDINANCE ENTITLED "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 ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICERS AND POSITIONS IN THE CLASSIFIED SERVICE", BEING ORDINANCE NO. 3658, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1954 BY CREATING CERTAIN NEW CLASS TITLES AND BY DELETING CERTAIN CLASS TITLES; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; 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, present and voting "Aye." ORDINANCE NO. 7527 AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING FOR THE ADMIN- ISTRATION OF THE COMPENSATION PLAN TO ALL POSITIONS IN THE CITY SERVICE; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE", BEING ORDINANCE NO. 3656, PASSED AND APPROVED BY THE CITY • City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 5 COUNCIL ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED BY AMENDING SUBSECTION (E) OF SECTION 1, BY CHANGING THE CLASS GRADE OF CERTAIN POSITIONS, BY ADDING CERTAIN NEW POSITIONS AND BY DELETING CERTAIN CLASS TITLES; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; 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, present and voting "Aye." ORDINANCE NO. 7528 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 THE ZONING MAP BY CHANGING THE ZONING OF ALL OF LOT "A", LEVEK SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "13-1" NEIGHBORHOOD BUSINESS DISTRICT TO "13-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS MENDED; REPEALING ALL ORDINANCES INCONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vete: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." ORDINANCE NO. 7529 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 THE ZONIN, MAP BY CHANGING THE ZONING OF ALL OF LOTS 3 AND 4, BLOCK 1506, J. CARU'THERS ADDITION, A RE -SURVEY OF BLOCK 1506, PORT ARANSAS CLIFFS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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 and the foregoing ordinance was passed by the following vote: Barnard, Young, Blackmon, de Leon, Maldonado, Roberts and Wallace, present and voting "Aye." ORDINANCE NO. 7530 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY DELETING AND REPEALING ITEM 19 OF SECTION 11-5 OF SAID CORPUS CHRISTI CITY CODE, SAID ITEM 19 BEING SUB- SECTION 2101,11 OF THE BUILDING CODE; ADDING TO ARTICLE VII, DIVISION 5, OF THE CORPUS CHRISTI CITY CODE, 1958, A NEW SECTION TO BE NUMBERED 2L -140A, PERTAINING TO CHARGES FOR UNUSABLE METER SPACES DURING CONSTRUCTION OR REPAIR. OF BUILDINGS; AND ADDING A NEW SECTION TO BE NUMBERED 21-1408, AUTHORIZING RESERVATION OF PARK- ING METER SPACE BY APPLICATION TO THE TRAFFIC ENGINEERING DEPARTMENT AND PROVIDING FOR FEES; 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, present and voting "Aye." City of Corpus Christi, Texas Regular Counnil Meeting March 24, 1965 Page 6 ORDINANCE NO. 7531 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY, AN AGREEMENT AGREEING TO THE MODIFICATION OF DEED RESTRICTIONS PLACED ON THE AREA KNOWN AS WOODLAWN PLAZA SHOPPING CENTER SO AS TO PERMIT THE SALE AND CONSUMPTION OF BEER, WINE OR ALE IN A RESTAURANT OR CAFE LOCATED ON SAID PREMISES, PROVIDED SUCH SALE AND CONSUMPTION OF SUCH BEVERAGES IS AS AN ADJUNCT TO OR INCI- DENT WITH THE SALE AND CONSUMPTION OF FOOD ON TEE PREMISES; 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, present and voting "Aye." City Manager Whitney presented and read a petition of approximately 300 signatures of residents living in the immediate vicinity of the Baldwin and Balboa Street intersection, describing the traffic situation that. exists at this inter- section, and requesting that a traffic light be installed at this intersection. Mr. Whitney recommended that the matter be referred to the Traffic Engineer and the Traffic Safety Advisory Board for a traffic count and recommendation. (Petition #65-3) and passed. Motion by Roberts, seconded by Wallac.ejthat the, foregoing matter be referred to the Traffic Engineer and Traffic. Safety Advisory Board for investigation and recommendation - Mayor Barnard announced a brief recess before the public hearings, Mayor Barnard reconvened the neeting after a brief recess, and it was noted that all members of the. Council were in attendance. Mayor Barnard announced the public hearing on Application No, 265-4, MD. Baird for change of zoning from "R -1A" One -family Dwelling District to *I-2" Light. Industrial District on a 3.485 -acre portion, also known as Lot. 1, out. of Block. 17, Fallin's Riiierside Subdivision, described by metes and bounds, Tom Lake, Zoning CoordArator, located the. property on the, map; pointed out the zoning and land Taas of the area; stated that Mrs. Baird appeared ir, sup- port of the application at the Commission hearing, and no one appeared.in opposi- tion; that nine notices were sent out, three returns received in favor of the request and two in opposition; and that the recommendation. of t.he Zoning & Planning Commission was that it be denied but tbat in lieu thereof "F -R" Farm -Rural District be approved, • • City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 7 City Manager Whitney presented a letter received from the wife of the applicant, Mrs. M. D. Baird, stating that the recommended "Farm -Rural" zoning is acceptable to them, as their only interest is to raise and sell tomatoes out of their greenhouse. Ted Schafer, attorney representing the Calicoates, owners of the 34.89 - acre tract adjacent to the subject property, spoke in opposition to the requested "I-2" zoning on the basis that it would be very detrimental to his clients since they anticipate the possibility of their property being encompassed in the nearby residential Western Hills development, and feel that the "R -1A" zoning is proper for the area, but have no objection to the recommended "Farm -Rural" zoning for the subject property for the purpose stated. David Cook, attorney representing Iris Powell Grant and Iris P. Grant, Trustee, owners of the two tracts across Callicoate Road from the subject property, stated they were opposed to the '1-2" request, but did not object to the recom- mended "F -R" Farm -Rural zoning. Mrs. M. D. Baird stated that they only want to raise tomatoes in their glass -covered greenhouse on the property and sell them from their own backyard. Motion by de Leon, seconded by Young and passed that the hearing be closed. Motion by de Leon, seconded by Roberts and passed that the recommenda- tion of the Zoning & Planning Commission be concurred in, and the "I-2" zoning be denied, but in lieu an ordinance be brought forward changing the zoning on the 3.485 -acre portion, also known as Lot 1, out of Block 17, Fallin's Riverside Sub- division, described in the application, from "R -1A" to "F -R" Farm -Rural District. Mayor Barnard announced the public hearing on Application No. 265-5, Lowell Benefield for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the northeast 85 feet of Lot 1, Gust Heye addition. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that the applicant's representative and a neighboring property owner appeared and spoke in support of the application, and no one appeared in opposition; that nineteen notices were sent out, no returns were received in • City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 8 favor of the request, and two in opposition were received; and that the recommenda- tion of the Zoning & Planning Commission was that it be approved subject to the erection of a six-foot solid fence along the interior property lines. Mr. Lake presented the letters of protest received from two neighboring property owners; and City Manager Whitney reported the telephoned objection of Mrs. Bishop, owner of the adjacent portion of Lot 1. Bush Caswell, representing the applicant Mr. Benefield, spoke in support of the request on the basis that only two property owners out of nineteen objected, that the applicant needs the requested zoning to complete his plans for the sub- ject property, that the City took eighteen feet from the Houston Street side of the applicant's property and ten feet from the Kostoryz Road side for the future street widening, which made it necessary for the applicant to get more land, and that his plans are already made and the property is already cleared ready to start construction. Mrs. Emma Bishop, adjoining property owner on the corner of Horne Road and Kostoryz, spoke in opposition to the request on the basis that her home and privacy would be completely destroyed by the noise and lights of the proposed drive-in grocery store, and that the six-foot solid fence would cut off all of her breeze. Motion by Blackmon, seconded by Maldonado and passed that the hearing be closed. Motion by Wallace that the application be denied. There was no second to this motion, and Mayor Barnard declared the motion had died for lack of a second. Motion by Roberts, seconded by de Leon and passed that the foregoing application be tabled for one week for further study. Mayor Barnard announced the public hearing on Application No. 265-6, Dr. W. T. Pulliam for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lots 1, 2, 3, 4, 21 and 22, Block 2, Oak Park Addition. Tom Lake located the property on the map; pointed out the zoning and land use of the area; stated that Dr. Pulliam appeared at the Commission hearing • City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 9 in support of his application, and three property owners spoke in opposition; that thirty-two notices were sent out, five returns received in favor of the request and eight in opposition; and that the recommendation of the Zoning & Planning Com- mission was that it be denied on the basis that insufficient information was pre - seated relative to the proposed apartment project and required parking, and that the proposed use would be detrimental to adjacent properties. Mr. Lake added that one of the opponents to the request had stated that the area was still deed re- stricted for residential use. City Manager Whitney presented a letter from Mrs. Elna M. Howard, 634 Vaky, owner of Lot 2, Block 1, Retama Grove, in favor of the request. At the Council's request, Mr. Lake presented the letters received in opposition to the request. No one appeared to speak in connection with the application. Motion by Maldonado, seconded by Young and passed that the hearing be closed. Motion by Wailace, seconded by Young and passed that the recommendation of the Zoning & Planning Commission be concurred in, and Application No. 265-6, Dr. W. T. Pulliam for change of zoning on Lots 1, 2, 3, 4, 21 and 22, Block 2, Oak Park Addition, be denied. City Manager Whitney asked for an expression of the Council's feelings in the matter of Senate Bill 462, introduced by Senator Parkhouse of Dallas, which he read, relative to amending the zoning procedure under the existing Statutes for cities having a population of 300,000 or more, according to the last preceding federal census, and having a city plan commission or zoning commission of not less than fifteen members, at their option, to eliminate the need for a hearing by the city council, and allow a city council to act on written recommendations of the zoning commission. The proposed amendment would also allow a zoning commission to name a subcommittee to hold the required public hearings. Mr. Whitney asked if the Council was interested in such a procedure and if they thought it was worth- while to attempt to have the present Bill amended to bring it down within the range of Corpus Christi's population bracket. Mr. Whitney said that Tom Marshall, chair- man of the Zoning & Planning Commission, and Mr. Anderson, Director of Planning, • City of Corpus Christi, Texas Regular Council Meeting March 24, 1965 Page 10 have indicated approval cf trying to emend the Senate Bill in this respect, and are in the process of polling the Commission in this matter. Various members of the Council felt that anything that can be done to streamline the procedure for handling zoning applications would be beneficial to the public, and would allow the Zoning & Planing Commission more time for City planning; and that they would like to consider the matter at Monday's Work Shop. Mayor Barnard stated that he would like to be recorded as being in favor of Mr. Whitney's suggestion. There being no further business to come before the Council, the meeting was adjourned.