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HomeMy WebLinkAboutMinutes City Council - 03/08/1961REGULAR COUNCIL MEETING March 8, 1961 2:00 P.M. PRESENT: • Mayor Ellroy King Commissioners: Dr. James L. Barnard City Manager Herbert W. Whitney Mrs. Ray Airheart City Attorney 1. M. Singer Joseph B. Dunn City Secretary T. Ray Kring Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called the meeting to order. The Invocation was given by Reverend George Lewis, Assistant Pastor of First Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Barnard, seconded by Humble and passed that the minutes of the regular meeting of March 1, 1961, be approved. Mayor King asked if the Council was ready to act on the pending item of the Appeal of Cecil Proctor from the Decision of the Building Standards Commission on which a public hearing was held on March 1, 1961. Motion by Humble, seconded by Joe Dunn and passed that the buildings on the property known as the Hall Cottages and being located at 2600 North Shoreline are substandard; are more than 507. deteriorated; that the buildings cannot reason- ably be repaired, and are a hazard to the health, morals, safety and general welfare of the occupants and the public, and that the decision of the Buildings Standards Commission be upheld that the buildings be demolished and removed within 120 days. Mayor King called for the City Manager's reports. Motion by Humble, seconded by Pat Dunne and passed that the recommenda- tions and requests of the City Manager be approved, as follows: a. That acceptance and final payment of Estimate #1 in the amount of $2,628.80 to H & H Concrete Construction Company for construction of Clifford Street Improvement project, be approved; b. That acceptance and final payment of Estimate #3 in the amount of $2,686.51 to Heldenfels Brothers for construction of Booty Street Improvement Project, representing the balance of the $37,815.00 contract, be approved; c. That the request of Joseph Cohn, on behalf of Mr. Sam Susaer, for an extension of time from March 24 to September 24, 1961, for beginning of construction Regular Council Meeting March 8, 1961 Page #2 of improvements on Lots 17 through 32, Block 8, Portairs Addition, be granted; Commissioner Joe Dunn asked for an affirmation from Mr. Cohn that the development for which the change of zoning had been granted would be constructed. Joseph Cohn stated that Mr. Susser has informed him that he has enough definite commitments to where he intends to build; that he has one commitment that is the same as in a lease form from a major firm which is being held up only as to actual designation of counter space needs that will allow actual location within the center so that working plans can be completed; that he has commitments for three-fourths of the space; and that he is restricting the use to the active type commercial estab- lishments. d. That the request of B. F. Hierholzer for approval of a Barber's College at 900-902 Leopart Street, be granted subject to the securring of proper licenses; e. That the plans as submitted by Gault Aviation Company for construction of a hangar at International Airport, be approved. ORDINANCE NO. 6089 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 193f, 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. 2266 PASSED AND APPROVED ON THE 4TH DAY OF MAY, 1948, APPEARING OF RECORD IN VOLUME 16, PAGES 339 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AND AS AMENDED BY ORDINANCE NO. 4846 ADOPTED ON THE 21ST DAY OF AUGUST, 1957, APPEARING OF RECORD IN VOLUME 26, PAGES 385 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF ALL OF LOTS B AND C, BLOCK 3, SCHATZEL TRACT, FROM "A-1" FIRST APARTMENT HOUSE DISTRICT TO "A-2" SECOND APART- MENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDIN- ANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council r;dembers present and voting "Aye". The foregoing ordinance was passed by the following vote; All Council` members present and voting "Aye" ORDINANCE NO. 6090 RECEIVING AND ACCEPTING THE CONSTRUCTION OF BOOTY STREET IMPROVEMENTS, PROJECT 220- 53-37, PERFORMED BY HELDENFELS BROTHERS, CONTRACTORS, UNDER THEIR CONTRACT DATED JULY 21, 1960, AUTHORIZED BY ORDINANCE NO. 5812; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 3, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MARCH 2, 1961, IN THE AMOUNT OF $2,686.51 FROM NO. 220 STREET BOND FUNDS, PREVIOUS- LY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". • Regular Council Meeting March 8, 1961 Page #3 The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6091 RECEIVING AND ACCEPTING THE CONSTRUCTION OF CLIFFORD STREET IMPROVEMENTS AS PERFORMED BY H & H CONCRETE CONSTRUCTION COMPANY, CONTRACTORS, UNDER THEIR CONTRACT DATED FEB- RUARY 3, 1961, AUTHORIZED BY ORDINANCE NO. 6060; AUTHORIZING THE PAYMENT OF FINAL ESTIMATE NO. 1, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, DATED MARCH 1, 1961, IN THE AMOUNT OF $2,628.80 FROM NO. 108 STREET FUNDS, PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6092 APPROVING THE OFFICIAL PLAN OF ACTION OF THE CITY OF CORPUS CHRISTI FOR EFFECTIVELY DEALING WITH THE PROBLEM OF URBAN SLUMS AND BLIGHT WITHIN SAID CITY AND AUTHORIZ- ING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO PRESENT SUCH "PROGRAM" TOGETHER WITH ALL REQUIRED DOCUMENTS AND STATEMENTS. TO THE ADMINISTRATOR OF THE HOUSING AND HOME FINANCE AGENCY FOR APPROVAL PURSUANT TO THE PROVISIONS OF TITLE 1 OF THE FEDERAL HOUSING ACT OF 1954, AS AMENDED; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6093 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A SUPPLEMENTAL AGREEMENT TO THE AGREEMENT OF JANUARY 10, 1955, BY AND BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF CORPUS CHRISTI BY AMENDING ARTICLE 6 OF SAID AGREEMENT TO THE EFFECT THAT THE RETAINAGE OF THE GOVERNMENT MAY BE REDUCED TO 1-1/2X OF THE TOTAL COST OF THE PROJECT, A COPY OF WHICH SUPPLEMENTAL AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". ORDINANCE NO. 6094 AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF PARKS AND RECREATION, WITH THE APPROVAL OF THE CITY MANAGER, TO EXECUTE AND TO GRANT DAILY, WEEKLY OR MONTHLY USE PRIVILEGES, • Regular Council Meeting March 8, 1961 Page #4 IN WHOLE OR IN PART, OF CITY PROPERTY USED FOR PARK AND RECREATION PURPOSES; SPECI- FYING CERTAIN TERMS, CONDITIONS AND LIMITATIONS FOR THE GRANTING OF SUCH USE PRI- VILEGES; PROVIDING FOR FORFEITURE OF SUCH PRIVILEGES; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council members present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". Mayor King called for petitions or information from the audience on matters not scheduled on the agenda. Bill Prewett, attorney, inquired as to the status of the petitions which he had filed over 30 days ago on behalf of the Firemen and Policemen. City Manager Whitney answered that Mr. Kring has ascertained the adequacy of the signatures, but that due to Mr. Singer's almost constant attendance in Court, he has not yet received a legal opinion on the matter. Mr. Singer, City Attorney, stated that he expected to present a legal opinion by Friday of this week. Mayor King announced the Council would hold the public hearing on the application of Peterson Development Company for a change in zoning from "R-1" One Family Dwelling District to "B-3" Secondary Business District on an 11.63 acre tract of land out of Lot 5, Gulfgate #1, being that property located at the southwest corner of the proposed Crescent Drive and McArdle Road, more fully described by metes and bounds in the Zoning & Planning Office files. Mayor King read the recommendation of the Zoning & Planning Commission for approval, subject to construction of a major department store beginning within two years; a plat to include a dedication of 60 feet for Crescent Street from Lexington to McArdle; seredning and outdoor lighting for protection to adjacent residential development to be approved by planning staff; minimum parking ratio to be 3:1; and appropriate setbacks to be shown on plat. William Anderson, Director of Zoning & Planning, located the property as being immediately behind Gulfway Shopping Center, and pointed out the proposed ex- tension for Crescent Drive. No one appeared in opposition to the application. • • Regular Council Meeting March 8, 1961 Page #5 Commissioner Joe Dunn asked if Mr. Peterson is willing to accept the con- ditions under which this application was forwarded to the Council. Joseph Hans, architect, and Ray Peterson each spoke in support of the application; presented architectural drawings of the development plan and sketches of the area plan; stated that they would accept the conditions as recommended by the Zoning & Planning Commission, but that in the case of the first condition with re- ference to a major department store, in the event that this had to be accomplished under several leases, they would have to come back to the Council and ask for a modification, and that in the case of the dedication•of a 60 foot street, from Lex- ington to McArdle, they would like to request that the width of the street be reduced to 50 feet, with the retainage of a 5 -foot buffer strip on either side for easier maintenance and usage ; that they plan to concentrate on this development to be accomplished in less than the 2 years, and that 35% of the fill is already in. Motion by Airheart, seconded by Lozano that the hearing be closed, and the application be approved, taking into consideration the 5 feet off as requested, a 50 -foot street, and changing recommendation #1 to beginning of major construction within 2 years. Commissioner Joe Dunn stated that he was not against the idea at all, except that he could not vote for Item 1 as stated in the motion. Commissioner Barnard asked Mr. Anderson what the intention of the Com- mission was concerning this development with regard to Item 1. Mr. Anderson replied that he understood Item 1 to refer to the major build- ing. Commissioner Airheart withdrew her motion. Motion by Barnard, seconded by Airheart and passed that the hearing be closed, and the change of zoning be approved subject to the commencement of the major part of the development in stores beginning within 2 years, that the dedica- tion of 50 feet for Crescent Drive be made with a stipulation of maintenance of a 5 -foot buffer strip, and that the other stipulations of the Zoning & Planning Com- mission be complied with that screening and outdoor lighting for protection to adjacent residential development be approved by the Planning Staff; minimum park- • • Regular Council Meeting March 8, 1961 Page #6 ing ratio to be 3:1, and appropriate setbacks to be shown on plat. Mayor King announced that next was the public hearing on the application of Jack Ryan for a change in zoning from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District on Lot A, and from "R-1" One Family Dwelling District to "AB" Professional Office District as proposed in the New Zoning Ordinance on Lot B, on that property located on the southwest corner of Alameda Street and Airline Road and being designated as Lots A and B, being more fully described by metes and bounds in the public Hearing File of the Zoning 6. Planning Office. Mayor King read the recommendation of the Zoning & Planning Commission that the "B-1" section of the application be approved subject to proper platting, and that the "AB" section be approved as to general location subject to same above plat. Mr. Anderson located the property on the map as being at the intersection of South Alameda and Airline and pointed out the use of the surrounding area; presented a plat of the property showing the proposed development of the tract; pointed out the area for which the "B-1" zoning is being requested, and that for which the "AB" zon- ing is being requested and explained that under the present ordinance this latter zoning would be "A-2", and that those areas zoned "A-2" which presently have profes- sional offices will automatically be marked "AB" zoning on the proposed new map be- fore it is adopted. No one appeared in opposition to the application. Jack Ryan, applicant, stated that there were approximately 12) acres in the "B-1" requested zoning, and approximately 4.8 acres in the smaller tract for which he was requesting "AB" Professional zoning; that both tracts are under con- tract for sale, subject to the requested zoning, and that the remaining portion of the tract was to be developed as a residential subdivision. Commissioner Joe Dunn suggested that the rezoning would have to correspond to the zoning designation under the existing ordinance, Motion by Barnard, seconded by Humble and passed that the hearing be closed and that the rezoning be granted for "B-1" and "A-2" as recommended by the Zoning & Planning Commission. Mayor King asked that it be noted that it was authorized to indicate the area "AB" on the proposed new map. • • Regular Council Meeting March 8, 1961 Page #7 Mayor King announced that next was the public hearing on the application of Mrs. Annie Levine for a change in zoning from "R-1" One Family Dwelling District to "B-1" Neighborhood Business District on Lot M72, Block 2, Alameda Estates, being that property located at 457 Roberts Drive. Bill Prewett, attorney, speaking on behalf of Mrs. Levine, requested Haat the hearing be held, but that any decision be reserved to give Mrs. Levine time to .clear up some deed restrictions. Mayor King read the recommendation of the Zoning & Planning Commission that the application be denied until such time as existing deed restrictions are removed from the property. Mr. Anderson located the property as being across from Town & Country, pointed out the uses of the surrounding area, and stated that the property in ques- tion is deed restricted. No one appeared in opposition to the application. Motion by Humble, seconded by Pat Dunne and passed that the hearing be closed, and the matter taken under advisement. Mayor King called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Carl Duane appeared and made formal application as a matter of record for a 30 -acre portion of Cliff Maus Airport property for the area adjacent to Morgan Avenue with access to the runway for the Coastal Bend Rehabilitation Center; pre- sented a land use plan for the area for which they are making application; presented plans for the start of such a Center and the future growth and expansion of the operation; and expounded upon the public need and scope of such an operation on the basis of area -participation of five counties. Mayor King advised Mrs. Duane that there are various plans under discus- sion for use of this airport land; that before any specific area is allocated there will have to be a good deal more consideration and planning. Commissioner Humble suggested that in the meantime Mrs. Duane might wish to investigate the possibility of use of an area west of Lexington presently owned by the School District which they do not plan to use and which may be more readily available at the present time than any airport land. • Regular Council Meeting March 8, 1961 Page #8 Commissioner Barnard stated that there was a great need for a facility of this'nature since persons needing this type of help become public charges their whole life unless we do educate them to take care of themselves. Mayor King departed from the meeting. Mayor Pro -Tem Barnard took over the Chair. The Council suggested that this application be filed with the City Secretary and be referred to the Zoning & Planning Department who will be in charge of the re- commendations on the development of this airport area. There being no further business to come before the Council, motion by Humble, seconded by Pat Dunne and passed that the meeting be adjourned.