Loading...
HomeMy WebLinkAboutMinutes City Council - 03/15/1961REGULAR COUNCIL MEETING March 15, 1961 2;00 P. M. PRESENT: Mayor Ellroy King Commissioners: Dr. James L. Barnard Mrs. Ray Airheart Joseph B. Dunn Patrick J. Dunne R. A. Humble Gabe Lozano, Sr. Mayor Ellroy King called City Manager Herbert W. Whitney Ass°t City Attorney Wayland Filcher City Secretary T. Ray Kring the meeting to order. The Invocation was given by Reverend T. J. Finley, of Windsor Park Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Humble', seconded by Barnard and passed that the minutes of the regular meeting of March 8, 1961, be approved. Mayor King announced the Council would hold the public hearing on the application of Cedric H. Marks, et al, for a change of zoning from "R -1p1 One Family Dwelling District to "B-3" Secondary Business District on 12.41 acres of land lying northwest of Block "A", Parkdale Shopping Center, said Block "A" and said 12.41 acres (designated as Marks, Marks, Katz and Weisman) are shown by map of replat of Block "A", Parkdale shopping Center; save and except the northwesterly 10 feet of said tract. Mayor King read the recommendation of the Zoning & Planning Commission that the application be approved, subject to the following 8 conditions: 1. Construction beginning within 2 years. 2. Screening and outdoor lighting for protection to adjacent residential development to be approved by the Zoning & Planning Staff. 3. Minimum parking ration to be 3:1. 4. A study of the proposed area by Planning Staff and Public Works Department for feasibility of extending Carmel Parkway. 5. A study by the Traffic Engineer to determine necessary signalization for a parkway type of intersection with Alameda Street. 6. Platting of the area described in the request. 7. Signs to be non -flashing and similar to other signs in the shopping center. 8. Appropriate setbacks to be shown on plat. William Anderson, Director of Zoning & Planning Department, located and described the property involved in the application on the land use map; presented a sketch showing the Carmel Parkway Road connection with the existing private street in Parkdale Shopping Center which has been designed by the Traffic Engineer • go Regular Council Meeting March 15, 1961 Page #3 residential real estate in the area. Ben Marks also spoke in support of the application, and stated that the developers would give their beat efforts to comply with any restrictions the Council imposed. Motion by Lozano, seconded by Airheart that the hearing be closed, that the recommendation of the Zoning & Planning Commission be overruled, and that the application be denied. Commissioner Lozano asked that the minutes reflect his reasons for desir- ing to overrule the Zoning & Planning Commission°s recommendation; that he doesn't think it is practical; that it is nothing other than speculation; that it is not showing good faith to property owners paying taxes for a long time; that people may believe the Council is inclined to lean towards privileged groups; that coning is to protect residential areas; and that the opposition shown at this- hearing convinc- ed him that it was not in the public interest. Commissioner Joe Dunn stated that he felt the most important factor was where the break between the Parkdale zoning and the residential zoning should come, and that there are several other phases of the proposed development he wouldlike to consider in some detail before he made a definite commitment. Commissioner Humble stated that he agreed with Commissioner Joe Dunn. Motion by Barnard, seconded by Pat Dunne and passed, with Commissioner Lozano and Airheart voting "No", that the foregoing motion be tabled. Mayor King asked the City Attorney for a ruling as to any future action or inaction by a Council in view of the tabled motion. Assistant City Attorney Pilcher replied that any City Council can now act on the application without further hearing. Mayor King announced the Council would hold the public hearing on the application of James Sfiris, et'al, for a change of zoning from "B-4" Primary Business District to "L -I" Light Industrial District on Lots 1, 2, 3, 4, 5 and 6, Block 61, Beach Addition, being that property located on the west side of Chaparral between Fitzgerald and Resaca Streets. Mayor King read the recommendation of the Zoning & Planning Commission Regular Council Meeting March 15, 1961 Page #2 and the Planning Department in cooperation with the applicant; pointed out the pro- posed buffer driveway and screening on the Marie Street side; and presented a letter, which Mayor King read, from Lee Mahoney, attorney for the applicant, dated March 9, 1961, agreeing to conditions under which the Zoning & Planning Commission has recommended approval of the rezoning. The following property owners appeared in opposition to the application, mainly on the basis that it will decrease the residential value of their homes; that the starting time for construction is too long if there is a need at all for this re- zoning and that there is no completion time stipulated; and that the rezoning is in- creasing property value for speculation since there are other tracts on South Staples presently zoned for business which are not developed as such: A. E. Mueller, 1026 Marie; Coral; Mrs. T. R. Appleby, 4322 Marie; Mrs. Raymond Dale, 4325/ W. S. Liles, 1022 Carmel Parkway; A. E. Cannon, 4338 Marie; Mrs. J. H. Beavers, 4326 Marie; Charles R. Arnold, 4330 Marie; Kent Odom, 1033 Coral Place. Lee Mahoney, attorney representing the applicant, gave some of the back- ground of the original plans for Parkdale which included this triangular tract as part of a regional shopping area; showed sketches and architectural drawings of the proposed development of this triangular tract with a one-story building for one tenant occupancy of the same type of construction as that presently in Parkdale as a logical extension of Parkdale Shopping Center; pointed out the proposed buffer driveway and planting strip for the Marie Street side of the tract and described the proposed screening for same; and stated that the drainage ditch presents a problem, since it will have to be covered, planted and maintained, and bridges for both vehicular and pedestrian traffic provided, and that all this would have to be shown on the final plat. He further stated that some of the property owners he had talk- ed to thought it would be an asset and an enhancement, and read a letter dated January 9, 1961, from the developers of Parkdale Village Subdivision, stating that they had been aware of the planned expansion of the 12 -acre tract to the north of Parkdale Shopping Center and the 4 -acre tract to the south since before the first section of the Subdivision was developed, and considered that it had been an asset in the development and sale of the Subdivision, had been an enhancement since the completion, and that the enlargement would further enhance the value of •1 Regular Council Meeting March 15, 1961 Page #4 that the application be denied because it would constitute spot zoning. Mr. Anderson located the property on the map and pointed out the land use of the surrounding area, and stated that he understands the owner has moved the house from the lot. No one appeared either for or against the application. Motion by Humble, seconded by Joe Dunn and passed that the hearing be closed, that the recommendation of the Zoning & Planning Commission be upheld, and that the application be denied. Mayor King called for the City Manager's Reports. Motion by Barnard, seconded by Pat Dunne and passed, with Commissioner Humble abstaining on "Item e" only, that the City Manager's recommendations and re- quests be approved and granted as follows; a. That Hymen E. Finger be granted an extension of 60 days, from May 1, 1961, to July 1, 1961, under the same conditions as the original zoning change, for construction starting time in connection with his rezoned property on the south- east corner of Everhart and South Staples Street; b. That the petition to abandon and quitclaim to the abutting property owners the 46' wide tract lying between Lot #2, Avalon Addition on the southwester- ly side, and the regularly used portion of Alameda Drive on the northeasterly side, and extending from Swantner to Robert Drive, be denied on the basis of not being in the public interest; c. That the Tax Error & Correction List for February, 1961, be approved; d. That the classification of 5 employees be changed as recommended in the Airport Staffing Study, due to the change in operations from Cliff Maus Airport to International Airport; e. That permission be granted to Creative Arts to construct and produce on the south wall of the International Airport Terminal Building an appropriate mural representative of the Gulf Coast Area, without cost to the City and with the understanding that the City does not waive any rights regarding control and use of the Airport Terminal Building, and that the City reserves the right to remove same at its discretion; Regular Council Meeting March 15, 1961 Page #5 f. That the action of the City Manager be approved in submitting the re- quest of Howell Refining Company to the Legal Department for preparation of a fran- chise to put in a pipeline crossing with 26 -inch casing under Up River Road at a point 50 -feet west of its intersection with McBride Lane. In connection with the foregoing "Item a", it was noted that there had been no committee appointed, either formally or informally, but that Hr, John Lyle, Commissioner Pat Dunne, Bill Wilder, Airport Manager, and Mrs. Yeager had met with the City Manager and discussed the request of Creative Arta for permission to paint the mural. Bill Dunham, representing the Board of Directors of the C. C. Art Council,. stated that the Board had asked him to acquaint the Council with its existence, since it is a comparatively new organization, and to offer whatever assistance the Art Council can give in the selection of any artwork for any particular building. Mayor King thanked the Art Council for its public interest and offer, but stated that he, personally, was not qualified to determine the merits of artwork and had no intention of serving on any committee for it. FIRST READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE 27TH DAY OF AUGUST, 1937, AND APPEARING OF RECORD IN VOLUME 9, PACE 565 OF THE ORDINANCE AND RESOLUTION RECORDS OF THE CITY OF CORPUS CHRISTI, AND ESPECIALLY AS AMENDED BY ORDINANCE PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 4, 1948, BEING ORDINANCE NO. 2266, AND AS THEREAFTER AMENDED FROM TIME TO TIME, THIS ORDINANCE BEING ENTITLED "A CORPUS CHRISTI ZONING ORDINANCE"; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND CONTAINING A SEVERA- BILITY CLAUSE. Paul Vogler appeared to revoica his objection to the foregoing ordinance which he had made at the public hearing on February 17, 1961, and to restate his re- quest for "I-3" Heavy Industry zoning for his property at 3109 Agnes, on which he operates a service boiler works, for "I-3" Heavy Industry from the corner of Lawrence Drive, Magnolia and Ebony to be included in the "I-3" zoning area on the side. of Ebony; for "I-2" zoning for the area between Omaha Drive and Villa Drive, which in- cludes his property on Omaha Drive on which he jimesently conducts a non -conforming Dog Kennel operation, and to which he would agree to a 20° depth buffer strip being left vacant; and that "I-3" Heavy Industry be extended down to Flato Road to include the service boiler works of Dick Lundston. • • Regular Council Meeting March 15, 1961 Page #6 Commissioner Joe Dunn asked if changes made on the proposed zoning map would have to be readvertised in order to protect the rights of property owners. Bob Sorrell, an attorney in the audience, volunteered the reply that public hearing has been legally advertised, held, and closed on both the text and the map of the proposed zoning ordinance, and that the Council now has the right to make any changes it deems in the public interest before final passage of the ordinance, without further notification. Mayor King requested that a plat of the Omaha Drive area be prepared and a recommendation be submitted by the Ciey Staff for consideration of the Council before next Wednesday's second reading of the ordinance, and it was suggested that if Mr. Lund= Ston wants a change in the Flatc Road zoning, that he appear before the Council him- self and be heard. Dr. C. R. Woolsey, and Piss Elizabeth Boone, speaking for themselves and other residents and property owners in the area of Third Street, stated they did not object to the "AB" designation for this area, but strongly objected to the inclusion of Funeral Parlours and Funeral Directors in the professional offices category, on the basis of depreciation of residential property and traffic congestion. Bob Sorrell, attorney representing Mrs. Dudley Tarlton, 1106 Third Street, stated that his client had no objection to the ordinance as such, but that if the Council was going to eliminate the Funeral Homes and, Funeral Directors from the "AB' area, then she would like to have the whole "AB" area eliminated, as she would much prefer to be in an area of funeral homes than in an area where diseases are being treated. Paul Ramon, real estate agent, spoke in favor of retaining the Funeral Homes and Directors in the "AB" Professional District on the basis that they are licensed, professional people in a dignified and necessary profession, that it is en- tirely compatible with residential zoning, and that due to the usual off-street parking facilities provided, add very little to the normal traffic flow. Mayor King remarked that apparently the only objection was to the Funeral Homes and Directors in this one or two -block area of Third Street, but that the Coun- cil's decision would have to be made on the basis of whether or not it was good zoning • • Regular Council Meeting March 15, 1961 Page #7 and in the public interest to include these items in the "AB" Professional Offices District. Victor Moses appeared in connection with 2 pieces of property that he owns, one on Port Avenue and the other on Hayward Drive, both of which are zoned reeideetial and for which he requested business zoning. Mr. Anderson located these two properties on the map for the Council and explained that Mr. Moses' application for business zoning on the Port Avenue Property had been denied 3 years ago on the basis that the location of the freeway was undeter- mined, and that the property on Hayward Drive for which he was requesting an extension of the business zoning, was vacant on both sides. Mayor King remarked that he could not see any reason why the zoning on the Port' venue property should not be changed since the route of the freeway is now de- termined, and requested that the Council be given a report on these two properties for next week's meeting. Walter Chastain appeared to revoice his appeal made by petition of 161 pro- perty owners on Corpus Christi Beach with regard to the proposed aetback requirements for front and side yards, and requested again that they not be changed from the old 4' requirement of the existing ordinance, on the basis that to make them any greater distance would definitely lower the sale value of the properties. Mayor King remarked that the Council would consider this matter further next week, as the regulations were not intended to penalize anybody but to keep de- velopments from building evelopmentsfrombuilding right up to the street. The foregoing ordinance was read for the first time and passed to its second reading by the following vote All Council members present and voting "Aye". ORDINANCE N0. 6095 AMENDING AN ORDINANCE ENTITLED "AMENDING THE RULES AND REGULATIONS OF THE CIVIL VICE BOARD OF THE CITY OF CORPUS CHRISTI BY ADDING ARTICLE XX PROVLDING FOR THE ADOPTION AND ADMINISTRATION OF THE POSITION CLASSIFICATION PLAN FOR ALL OFFICES AND POSITIONS IN THE CLASSIFIED SERVICE", BEING ORDINANCE NO. 3658, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1954, BY AMENDING SECTION 4, ARTICLE XX, AS AMENDED, BY ADDING TO THE SKILLED AND SEMI -SKILLED TRADES SERIES OF THE LABOR AND TRADES GROUP A NEW CLASS TITLE OF "AIRPORT MAINTENANCE MECHANIC", IN CLASS GRADE 14; BY CHANGING IN THE LABOR AND TRADES SUPERVISION SERIES OF THE LABOR AND TRADES GROUP THE CLASS TITLE OF "AIRPORT MAINTENANCE SUPERVISIOR" FROM CLASS GRADE 18 TO CLASS GRADE 21; AND BY DELETING THE CLASS TITLES OF "AIRPORT SAFETYMAN" AND "AIRPORT SAFETY - MAN CAPTAIN" FROM THE CUSTODIAL SERIES OF THE CUSTODIAL AND HOUSEKEEPING GROUP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. • Regular Council Meeting March 15, 1961 Page #8 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. 6096 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN PARCELS OF LAND OWNED BY JACK E. PAINTER, ET AL, LOCATED IN NUECES COUNTY, TEXAS, AND IMPROVEMENTS THEREON, DESCRIBED AS LOT 1, THE EAST ONE-HALF OF LOT 11 AND ALL OF LOT 12, BLOCK 7, JONES ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY VOLUME 3, PAGE 17 OF THE MAY RECORDS OF NUECES COUNTY, TEXAS, SAID CONDEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CR0SS- TOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECT- ING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council mombers present and voting "Aye". The foregoing ordinance was passed by the following vote: All Council members present and voting "Aye". City Manager Whitney presented a plat in support of the request of Mr. Woodson for permission to amend the restrictions filed for record concerning Casa Linda Estates Unit #4, so as to permit driveway entrances on South.Staples Street to connect with the parking lot area of Block A and to permit Lots 1 through 5, of Block 10 to be used for parking, and recommended that such permission be granted subject to the City Manager's approval of the final design and construction of the driveways; and further explained that even after final approval of the final design, the applicant would still have to appear before the Board of Adjustment. Mr. Woodson and Bob Sorrell appeared in support of the foregoing request and explained that construction had been stopped on the property at the request of two large firms that want to be considered for occupancy, that both require entrance to Staples Street, and that it means a difference of a $975,000 building or a $150,000 building, since if the permission is denied, Mr. Woodson will go ahead with the interrupted construction under the permit they already have. Motion by Barnard, seconded by Pat Dunne and passed, with Joe Dunn ab- staining, that the amendment of the restrictions dated March 31, 1958, and May 7, 1958, concerning Casa Linda Estates Unit #4, be amended subject to the approval of Regular Council Meeting March 15, 1961 Page #9 the City Managet of the driveway entrances on South Staples Street, Commissioner Joe Dunn asked that the record show that he abstained be- cause he did not know enough about the whole picture to vote. ORDINANCE NO. 6097 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AMENDMENT OF THE RESTRICTIONS DATED MARCH 31, 1958, AND AMEND- MENT OF MAY 7, 1958, CONCERNING CASA LINDA ESTATES UNIT 4 SO AS TO PERMIT DRIVEWAY ENTRANCES ON SOUTH STAPLES STREET TO CONNECT WITH THE PARKING LOT AREA OF BLOCK A AND PERMITTING LOTS 1 THROUGH 5, INCLUSIVE, OF BLACK 10 TO BE USED FOR PARKING, A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter rule was suspended by the following vote: All Council Members present and voting 10Aye". The foregoing ordinance was passed by the following vgte: All Council Members present and voting "Aye" with the exception of Commissioners Joe Dunn and Lozano who abstained. Mayor King left the meeting, and Mayor Pro -.tel Barnard took over the Chair. • Regular Council Meeting March 15, 1961 Page 10 Mayor Pro -tem Barnard announced the Council would hold the public hearing on the Morgan Street Improvement Assessments, from Port Avenue to Airport Road. Jack Graham., Director of Public Works, stated for the record that this was the second public hearing on Assessments for the Improvement of this particular street and that it was being held due to the expressed requests of property owners at the first hearing for a 60 -foot wide street rather than a 44 -foot wide street and their expressed willingness to pay the necessary added assessments. Mr. Graham presented the new paving plans and new preliminary assessment roll; described the nature and ex- tent of the proposed improvements on Morgan Street from Port Avenue to Airport Road; the cost of construction; the amount to be paid by the City and the amount, before adjustment, to be assessed against the abutting property owners; the manner in which such pro rata share was computed; and the nature and extent of the proposed improve- ments to be paid for solely by the City; and in each instance, called particular atten- tion to any changes in the specifications and rates from the data presented at the former public hearing. Harold Carr testified as to his background experience which he felt quali- fied him as a real estate appraiser for both business and residential properties; and testified that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed the preliminary assess- ment rolls and inspected each of the properties involved in this hearing in the light of the proposed improvements and assessments; and that in his opinion each of the properties so assessed would be enhanced in value at least to the extent of the pro- posed assessment against each property, with the following exception: Item 42, Chas. J. Kaler, Jr., assessment should be reduced from $2800 to $2200, due to the acute, triangular shape of the property and the resulting limited building area when the required setback lines are taken into consideration. No one appeared in opposition to the assessments, and the following abut- ting property owners, or their agents, appeared to state that they had no objections to the assessments and were in favor of the improvements: C. R. Steinmetz, Items 5 & 6; Mr. Lorenz, Items 7, 8 & 9; J. R. Sanchez, Item 85; and Cecil Burney, local attorney, stated "We are here, but without objection." No one else present appeared to be heard. Motion by Humble, seconded by Joe Dunn and passed that the hearing be closed and the closing ordinance be prepared for consideration for next week. • Swam. Coonel Nestles iihngda 15,„ 1961 Pneo u City,Alanagw Wilitney, attention to the fact that tin ne irstarzes along I/�...VnY tbe Council had appro ed specific requests forbead-in parking, acne of which may no longer to feasible and for whit field Council action would necessar- ily ha4e to be rescinded. • Regular Council Meeting March 15, 1961 Page #12 Mayor Pro -tem Barnard invited anyone in the audience with petitions or in- formation for the Council to come forward and be heard. Bill Prewett, attorney, on behalf of the Firemen and Policemen asked if the Council has made any decision in respect to the petitions submitted for a pay increase, and urged that the Council set a date for the election and get the mechanics of the election underway so as not to make this question a political football in the coming election for Mayor & Commissioners. Mayor Pro -tem Barnard replied that the Council has taken no official action on the petitions, that if a Charter Amendment election is called on one item it pre- cludes any other Charter Amendment election for 2 years and there are other amend- ments under consideration also for submission to the citizens, but that he felt the Council should consider the matter and give Mr. Prewett an answer next week. Cecil Burney, attorney representing Mr..Richard Hlerholzer requested that the requirement of 1 journeyman barber to supervise each student be changed to 1 journeyman barber to supervise each 20 students, the same as the State law regulating Barber Shops and Barber Colleges, on the basis that since the State of Texas has entered this field and passed regulations, it is highly improper for the City to re- quire stricter regulations, and that it is impractical and impossible for Mr, Hier holzer to organize and start operation in this City unless this regulation is changed unless he proceeds and is arrested each week until the matter can be tried in Court. He presented a memo signed by Carlos C. Cadens, City Attorney of San Antonio, to the effect that the ordinance of the City of San Antonio is no longer being enforced since it conflicts with the State laws on the same -:subject. (See Council Exhibit #1 in File.) City Attorney Singer stated that he disagreed with Mr. Cadena that the State Law controls, and stated that it was his opinion that the State law does not take away the City's right to make laws on the subject, but merely gives some utterance of any local law. Mr. Floyd Clark and Mr. Alfred Nova, local barbers, both spoke in support of the City regulations, on the basis of the need for the regulations as set forth in • Regular Council Meeting March 15, 1961 Page #13 tile City's ordinance in order to nave competent and finished barbers in the interest of the public. Mayor Pro -tem Barnard commented that the Council would have to take some future action or inaction on this matter but that they could not do it today. Motion by Pat Dunne, seconded by Humble and passed that the meeting be adjourned.