HomeMy WebLinkAboutMinutes City Council - 03/22/1961PRESENT:
Mayor Ellroy King
Commissioners:
Dr. James L. Barnard
Mrs. Ray Airheart
Joseph B. Dunn
Patrick J. Dunne
R. A. Humble
Gabe Lozano, Sr.
REGULAR COUNCIL MEETING
March 22, 1961
2:00 P. M.
City Manager Herbert W. Whitney
City Attorney I. M. Singer
City Secretary T. Ray Kring
•
Mayor E11roy King called the meeting to order.
The Invocation was given by Mayor Pro -tem Barnard in the absence of the in-
vited guest chaplain.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Humble, seconded by Pat Dunne and passed that the minutes of the
regular meeting of March 15, 1961, be approved.
Mayor King announced the Council was ready to dispose of the pending item
of the application of Cedric H. Marks, et al, for change of zoning from "R-1" 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 a petition dated March 21, 1961, containing 29 signatures
of residents of Marie Street, Hamlin Place, stating they wished to go on record as
being opposed to the rezoning of the foregoing property for reasons presented to
the Zoning & Planning Commissipn at a hearing January 17, 1961.(See Petition #4 in
File)
Motion by Airheart, seconded by Lozano and passed, with Commissioners
Barnard and Pat Dunne voting "No", that the recommendation of the Zoning & Plan-
ning Commission be overruled, and the application be denied in its entirety.
City Attorney Singer ruled that a three-fourths majority vote was not nec-
essary, in this instance, to overrule the recommendation of the Zoning &Planning
Commission, because the action of the Council in denying the application does not
require a change in the Zoning Ordinance, and that therefore, the motion had carried
and the application was denied.
Regular Council Meeting
March 22, 1961
Page #2
Mayor King announced the Council would hold the public hearing on the
application of V. L. Rossi for a change of zoning from "A-1" First Apartment House
District to "AB" Professional Office District as proposed in the new Zoning Ordin-
ance, on Lot 1,1, Block 2, Furman Addition, being that property located at 522-524
Hancock Street.
Mayor King read the recommendation of the Zoning & Planning Commission that,
the application be denied on the basis that it would constitute spot zoning and the
site would have inadequate off-street parking facilities for the proposed use.
William Anderson, Director of Zoning & Planning, located the property on the
land use map, and pointed out the uses of the immediate area and stated that there are
two buildings on the Lot.
Mayor King stated that the hearing would be held, but that the requested
zoning of "AB" could not be granted, because at the present time there is no "AB"
designation.
A. H. Hurst, appeared on behalf of the applicant, and stated that Mt.
Rossi proposes to move the offices of radio station KEYS, of which he is a co-owner,
to this building, that it would not constitute spot zoning because the property is
on the fringe of community business, and that the Cage -Mills Funeral Home across the
street had devaluated the value of the property for any type of residence.
V. L. Rossi appeared in support of Mr. Hurata remarks.
No one appeared in opposition to the application.
Motion by Humble, seconded by Joe Dunn and passed that the hearing be
cloned, and the application taken under advisement.
Mayor King announced the public hearing on the application of Franklin
Flato for change of zoning from "A-4" Tourist Court District to "B-1" Neighborhood
Business District, on the southwest 150' x 150' of Lots 2, 4 and 6, Block 78, Brook-
lyn Addition, and being that property located at Oxford and Highway 181.
Mayor King read the recommendation of the Zoning & Planning Commission
that the application be approved only because of the previous zoning action by the
City Council for the property adjacent to this application.
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Regular Council Meeting
March 22, 1961
Page #3
William Anderson located the property on the land use map, and pointed
out the uses of the surrounding area, including the adjacent property referred to
in the recommendation of the Zoning & Planning Commission for which the Council had
granted rezoning for a Hahwble Filling Station.
No one appeared in opposition to the application.
Paul Koepke, real estate consultant, appeared on behalf of the applicant,
and requested that the zoning be granted on the basis that it is a logical extension
because of the traffic patterns at this particular location, and stated that Texaco
has an option to purchase the property for a filling station, subject to the rezoning,
and mentioned that the other location has been sold to Rumble Oil & Refining Co.
Motion by Barnard, seconded by Joe Dunn and passed that the hearing be
closed, and the application be approved in accordance with the recommendation of the
Zoning & Planning Commission, for change from "A-4" to "B-1" on the southwest 150' x
150' of Lots 2, 4 and 6, Block 78, Brooklyn Addition.
Mayor King announced the public hearing on the application of William G.
McKenzie for change of zoning from "R-1" One Family Dwelling District to "B -l" Neigh-
borhood Business District on Lots 1 and 2, Block 8, Koolside Addition, being that
property located at 837 and 841 Airline Road.
Mayor King read the recommendation of the Zoning & Planning Commission
that the application be approved.
Mr. Anderson located the property on the land use map, pointed out the
existing businesses of Feudo's Food Market, Peerless Cleaners and another shop in
the immediate surrounding area, and also pointed out the two lots, Lot 24.and 25,
Block 6, Koolside Addition, which are a part of the application of Guy D. Winateld
for a change of zoning for a proposed filling station, for which the Zoning & Plsan-
ing Commission has recommended approval, and pointed out that both the McKenzie
property and the Winstead property are on the west side of Airline Road and'adja-
cent to Gollihar Road.
No one appeared in opposition to the application. ..
Mr. William G. McKenzie appeared in support of the application, stated
that they would like to move their home and put a filling station on the property.
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Regular Council Meeting
March 22, 1961
Page #4
Motion by Joe Dunne, seconded by Pat Dunne and passed that the hearing be
closed and the application be approved for a change of zoning from "R-1" to "B-1"
on Lots 1 and 2, Block 8, Koolside Addition.
Mayor King announced the public hearing on the application of Guy D. Win -
for a change of zoning
stead/from "R-1" One Fanily Dwelling District to "B-1" Neighborhood Business District
on Lots 20, 21, 22, 23, 24 and 25, Block 6, Koolaide Addition, being that property
located on the west side of the 900 block of Airline Road.
Mayor King read the recommendation of the Zoning & Planning Commission that
the change of zoning on Lots 24 and 25, Block 6, of the application be approved, and
that the change of zoning on the remaining Lots 20, 21, 22 & 23, Block 6, of the appli-
cation be denied.
No one appeared in opposition to the application.
Mr. and Mrs. Winstead appeared in support of his application, stated that
a signed option for the sale of the 2 lots on which the Commission had recommended
approval had been received from the Title Company and that the Texaco Company plans
to erect a filling station on these 2 lots, but that he has no definite plans for
the rest of the lots in the application, other than to try to get commitments for
a doctor's clinic.
John Thomason, representative of the Texaco Company, stated that his com-
pany had been ready, willing and anxious since last November to erect a filling
station on these 2 lots, and were waiting only for the rezoning.
Motion by Humble, seconded by Pat Dunne and passed that the hearing be
closed, and the application be granted as recommended by the Zoning 6 Planning Com-
mission for the rezoning of Lots 24 and 25, only, to "B-1" Neighborhood Business
District, and the application with reference to Lots 20, 21, 22 and 23, Block 6,
Koolaide Addition be denied.
Mayor King announced the Council would hear the City Manager's Reports.
Motion by Humble, seconded by Barnard and passed that the requests and
recommendations of the City Manager be granted and approved as follows:
a. That the date of April 12, 1961, be set for a public hearing on the
application of Buccaneer Days Commission for a Special Council Permit to hold Buc-
caneer Days Celebration from April 27 through May, 7, 1.961, on Shoreline between the
Coliseum and Park Avenue;
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Regular Council Meeting
March 22, 1961
Page #5
b. That authority be granted to advertise for the sale of approximately
10,000 surplus Railroad Crossties not needed by the City, to be sold on an "all or
none" basis;
c. That the necessary action be taken by this Council to set a date for
a Charter Amendment Election in accordance with the State Laws and the provisions of
the City Charter which require that Notice of such election be given at least 20 days
prior to the election, that 90 days elapse between the passage of the ordinance and
the date of election, and that a copy of the proposed amendments be mailed to every
qualified voter.
d. That permission be granted to R. 0. Woodson in connection with hie
development of Casa Linda Estates #4, to construct two driveway entrances on South
Staples Street to connect with the parking lot area of Block A, and to use Lots 1
through 5, Block 10, for perking, all as approved by the City Manager on the final
plat showing the design and construction (See last item of these minutes).
Motion by Barnard, seconded by Pat Dunne and passed that the tentative date
of June 24, 1961, be set for the holding of an election on amendments to the City
Charter and that in keeping with the proposed election date, that an ordinance call-
ing such election shall be presented to the Council for adoption at the regular meet-
ing of the Council on May 24, 1961, and that in accordance with the requirements of
law, notice of the intention to pass such election ordinance be published for 10 days
with the first day of publication being at least 20 days prior to May 24, 1961, with
all requirements of the law regarding Charter Amendments being followed by the proper
officers at the proper time.
Bill Pregett, speaking for the Firemen ane Policemen,stated that the
date of the Charter Amendment Election waa satisfactory, and thanked the Council
for its consideration.
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 BLOCK 10 TO BE USED FOR PARKING,
A COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR-
ING AN EMERGENCY.
• •
Regular' Council Meeting
March 22, 1961
Page ;6_,.
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", excepting Commissioners Dunn and Lozano, who
abstained.
ORDINANCE NO. 6098
AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE ADOPTING AND PROVIDING FOR THE ADMINIS-
TRATION OF THE COMPENSATION PLAN FOR ALL POSITIONS IN THE CITY SERVICE; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE", BEING ORDINANCE N0. 3656, PASSED AND APPROVED BY THE CITY COUN-
CIL ON THE 10TH DAY OF FEBRUARY, 1954, AS AMENDED, BY AMENDING SUBSECTION (e) OF
SECTION 1, BY ADDING TO THE PROFESSIONAL GROUP THE POSITION OF TRIAL ATTORNEY,
SALARY GRADE 34; PROVIDING A SAVINGS CLAUSE; 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. 6099
CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON MORGAN
STREET FROM THE WESTERLY BOUNDARY LINE OF PORT AVENUE TO THE EASTERLY BOUNDARY LINE OF
AIRPORT ROAD AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTY AND THE REAL AND TRUE
OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN THE LIMITS DEFINED,
AND AS TO ANY ERRORS, AND INVALIDITIES OR IRREGULARITIES IN ANY OF THE PROCEEDINGS
OR CONTRACT THEREOF, OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED,
EXCEPT THE CHANGES REFLECTED HEREIN, FINDING AND DETERMINING THAT THE PROPERTY ABUT-
TING UPON SAID STREET, WITHIN THE LIMITS DEFINED, WILL BE SPECIALLY BENEFITED AND
ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IMPROVEMENTS PROPOSED
TO BE AND AS HEREIN ASSESSED AGAINST SAID PROPERTY ABUTTING UPON A PORTION OF MORGAN
STREET, WITHIN THE LIMITS DEFINED, AND LEVYING AN ASSESSMENT FOR THE PAYMENT OF A
PORTION OF THE COST OF IMPROVEMENTS ON SAID STREET, WITHIN SAID LIMITS, FIXING A
CHARGE AND LIEN AGAINST THE PROPERTY ABUTTING UPON SAID STREET AND THE REAL AND
TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON THE
COMPLETION AND ACCEPTANCE OF SAID WORK, THE MANNER AND TIME OF PAYMENT AND PRO-
VIDING THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES;
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. 6100
DECLARING ABANDONED A PORTION OF A CERTAIN UTILITY EASEMENT DEDICATED BY PLAT OF
HEWITT ESTATES, FILED FOR RECORD ON FEBRUARY 7, 1950, AND RECORDED IN VOLUME 12,
PAGE 27 OF THE MAP RECORD OF NUECES COUNTY, TEXAS; AUTHORIZING THE CITY MANAGER TO
EXECUTE A QUIT CLAIM DEED OF A CERTAIN PORTION OF SAID EASEMENT UNTO THE PRESENT
OWNERS; AND DECLARING AN EMERGENCY.
• •
Regular Council Meeting
March 22, 1961
Page #7
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 Ring announced that before the second reading of the proposed new
zoning ordinance, the Council would hear from anyone who desired to be heard in the
matter.
Dr. G. R. Van Aiken presented and read a petition signed by 123 property
owners within the area affected by the proposed "AB" Professional District, request-
ing the elimination of funeral homes from the "AB" classifidation, and spoke in
support of the petition on the basis of devaluation of residential property, the
psychological effect of funeral homes in an area, and the additional traffic and
parking problems created by funeral homes. (See Petition #5 in File)
Miss Elizabeth Boone, Dr. C. R. Woolsey and Mrs. N. D. Huie, Jr. all
spoke in support of the foregoing petition.
Paul Hamon, real estate agent, asked to go on record as being very much
in favor of retaining the funeral homes in the "AB" District classification.
Motion by Barnard, seconded by Humble and passed with Commissioners
Airheart and Pat Dunne abstaining, that Funeral Homes and Mortuaries be deleted
from the "AB" Professional District.
Steve Fisher appeared to ask about the status of his request for busi-
ness zoning at the corner of 19th Street and Morris.
Mayor Ring replied that the Planning Office would look into his request
and probably have a recommendation for next week.
Motion by Barnard, seconded by Joe Dunn and passed that the following
changes be made in the zoning map as recommended by the Director of Zoning & Plata-
ning:
1. Paul Vogler property and vicinity at Omaha Drive be changed from
"B-4" to "L-2" as shown on the sketch marked #2 of Council Exhibits;
2. The industrial property on Highway 44 at Flat° Road be changed from
light industry to heavy industry, with the exception of the area now occupied by
the trailer park;
Regular Council Meeting
March 22, 1961
Page #8
3. Victor Moses property at the intersection of David and Port be
changed to "B-4";
4. Joe Craine application, all of the property on the east side of Lex-
ington from the existing "I-2" zoning, north of Anderson Block A, south to and in-
cluding the Baker Roofing Company, be zoned "I-2".
The request of Victor Moses for business zoning at the intersection of
Hayward Drive and Staples Street was discussed and Harold Carr, representing the
Unitarian Church property, objected to the business zoning on this property, and re-
quested that the people in the vicinity of the application be given an opportunity
to express themselves.
Victor Moses appeared in his own behalf and requested that the Council
look at the property and the surrounding area, and give it fair consideration.
After the foregoing motion, Commissioner Airheart asked that the recom-
mendation with regard to the request of Mrs. Duke for business zoning on her pro-
perty on Gollihar at Spring Street, be read. Mayor King read the recommendation
for denial on the basis that it would definitely be spot zoning as it would be the
only business zoning in an area completely surrounded by "R-1" uses.
Mrs. Duke spoke in defense of her request on the basis that they have
operated their garage on this property since before they were annexed.
Walter Chastain appeared and repeated his request and arguments for
keeping the setback requirements for property on Corpus Christi Beach the same as
set out in the present ordinance so that these properties will not become non-
conforming, and will have the fullest use of their square footage; that he is in-
terested in the best development of the Beach as to appearance, but feels that
the proposed setback regulations are too restrictive and it should not be a func-
tion of government to enforce such restrictions.
It was explained to Mr. Chastain that the difference in existing set-
backs and those proposed in the new ordinance is not involved in the definition
of "non -conforming", and that only in the event that buildings were completely
demolished would the new setback lines apply, and that it was felt that the pro-
posed setback requirements for new construction would create a far better appear-
ance of the Beach area and were therefore in the public interest.
Regular Council Meeting
March 22, 1961
Page #9
The Council suggested that due to the slow traffic pattern for slow
speed, access -type streets as are in the area referred to by Mr. Chastain, that
he meet with the Planning Staff to see if compromise setback lines can be worked
out before next weak.
Mr. Kirby, Kirby Cleaners & Laundry, 226 South Tancahua, objected to the
one-way street pattern for Tancahua and Carancahua Streets which will become effective
at the completion of the Aguas Street extension improvements, and requested that
these streets be allowed to remain two-way at least for a 60 -day trial period.
Mayor King replied that he could not give him an answer at this time
since no map showing the ptoposed changes has yet come to the Council, but that
Mr. Kirby's request would be conaidered at that time.
No one else present appeared to be heard in connection with the proposed
zoning ordinance.
SECOND 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, PAGE 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 UVERA-
BILITY CLAUSE.
The foregoing ordinance was read for the second time and passed to its
third reading 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.
E. A. Sarman presented a plat and blueprint plana of his drive-in clean-
ing and pressing operation at the old Suit -U -Ranch on property which he has leased
from Mr. Marston in Avalon Place Addition, and requested permission to erect the
poles to support a canopy to his restaurant in the public right-of-way on Alameda
Street which he said was necessary because the building is on the property line.
On examination of the plat and the blueprints, Mayor King pointed out
that one shows the building as being back on the property, in which case Mr.
Sarman has no problem since the canopy would be entirely within the property lines,
but that the other shows the building right on the property line, in which event
Regular Council Meeting
March 22, 1961
Page #10
the Council cannot help him wince
poles in the public right-of-way.
check the accuracy of the plat or
situation.
it cannot give anybody permission to construct
Mayor King suggested that Mr. Sarmen first
the blueprint to determine what is the true
Perry Melton outlined and described his situation with regard to the
damages he claims were caused to him and his property at Mohawk, Highland, Morgan
and Baldwin intersection in connection with the City's rearranging of the street
at this point, begun in 1951, and the series of delays by the City involved in a
proposed exchange of properties intended to relieve the situation approved by the
Council in January of 1955.
Mayor King requested that the City Manager have a full report on this
matter for the Council's consideration.
City Manager Whitney presented the final plana showing design and con-
struction of the two driveway entrances from South Staples Street to the Case
Linda Estates Addition, Unit #4, in connection with the development of the pro-
perty by R. 0. Woodson, which have been approved by Mr. Anderson and Mr. Rice of
the City Staff, and recommended that Mr. Woodson be given permission to construct
the same in accordance with the plans, subject to the execution by Mr. Woodson
of a letter agreeing to the following when requested by the City Manager:
1. To abandon the service drive adjacent to Lots 1 through 5;
2. To remove curb, gutter and paving in the service drive;
3. To landscape and maintain all the area between the Staples Street
curb and the property line of Lots 1 through 5;
4. To construct curb Ond gutter for service drive;
5. To close service drive and construct a cul-de-sac in accordance with
plana to be approved by the City Manager.
It was directed that the foregoing item be included under the City
Manager's Reports, and be considered as having been approved as "Item d" of said
reports. „See "Item d" above.)
There being no further business to come before the Council, the meeting
was adjourned.