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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. • 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. • • 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; • 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.